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VOLUME 2
Titles 9 through 17
2010
REVISED CODE OF WASHINGTON
Published under the authority of chapter 1.08 RCW.
Containing all laws of a general and permanent nature through the 2010 special session which
adjourned April 13, 2010.
(2010 Ed.)
[Preface—p i]
REVISED CODE OF WASHINGTON
2010 Edition
©
2010 State of Washington
CERTIFICATE
The 2010 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.
MARTY BROWN, Chair
STATUTE LAW COMMITTEE
PRINTED ON RECYCLABLE MATERIAL
For recycling information call:
Recycle Hotline
1-800-732-9253
[Preface—p ii]
(2010 Ed.)
PREFACE
Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW
1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits,
constitutes a true decimal, and allows for new sections to be inserted between old sections already consecutively
numbered, merely by adding one or more digits at the end of the number. In most chapters of the code, sections
have been numbered by tens (.010, .020, .030, .040, etc.), leaving vacant numbers between existing sections so that
new sections may be inserted without extension of the section number beyond three digits.
Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An
RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section
should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of
sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030.
History of the Revised Code of Washington; Source notes: The Revised Code of Washington was
adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in
exercise of the powers in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means of
a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law source,
but retaining the general codification scheme originally adopted. An audit trail of this activity has been preserved in
the concluding segments of the source note of each section of the code so affected. The legislative source of each
section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated; thus "1891 c 23
§ 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws of 1854. "Prior"
indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.——" indicates the
parallel citation in Remington's Revised Code, last published in 1949.
Where, before restoration, a section of this code constituted a consolidation of two or more sections of the
session laws, or of sections separately numbered in Remington's, the line of derivation is shown for each component
section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc.
Where, before restoration, only a part of a session law section was reflected in a particular RCW section the
history note reference is followed by the word "part."
"Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification.
Double amendments: Some double or other multiple amendments to a section made without reference to
each other are set out in the code in smaller (8-point) type. See RCW 1.12.025.
Index: Titles 1 through 91 are indexed in the RCW General Index. A separate index is provided for the
State Constitution.
Sections repealed or decodified; Disposition table: Information concerning RCW sections repealed or
decodified can be found in the table entitled "Disposition of former RCW sections."
Codification tables: To convert a session law citation to its RCW number (for Laws of 1999 or later) consult the codification tables. A complete codification table, including Remington’s Revised Statutes, is on the Code
Reviser web site at https://www.leg.wa.gov/codereviser.
Notes: Notes that are more than ten years old have been removed from the print publication of the RCW
except when retention has been deemed necessary to preserve the full intent of the law. All notes are displayed in
the electronic copy of the RCW on the Code Reviser web site at https://www.leg.wa.gov/codereviser.
Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative
process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law.
(2) Although considerable care has been taken in the production of this code, it is inevitable that in so large
a work that there will be errors, both mechanical and of judgment. When those who use this code detect errors in
particular sections, a note citing the section involved and the nature of the error may be sent to: Code Reviser, Box
40551, Olympia, WA 98504-0551, so that correction may be made in a subsequent publication.
(2010 Ed.)
[Preface—p iii]
TITLES OF THE REVISED CODE OF WASHINGTON
1
46
47
Highways and motor vehicles
Motor vehicles
Public highways and transportation
48
Insurance
49
50
51
Labor
Labor regulations
Unemployment compensation
Industrial insurance
52
53
54
55
57
Local service districts
Fire protection districts
Port districts
Public utility districts
Sanitary districts
Water-sewer districts
58
59
60
61
62A
63
64
65
Property rights and incidents
Boundaries and plats
Landlord and tenant
Liens
Mortgages, deeds of trust, and real estate contracts
Uniform Commercial Code
Personal property
Real property and conveyances
Recording, registration, and legal publication
66
67
68
69
70
71
71A
72
73
74
Public health, safety, and welfare
Alcoholic beverage control
Sports and recreation—Convention facilities
Cemeteries, morgues, and human remains
Food, drugs, cosmetics, and poisons
Public health and safety
Mental illness
Developmental disabilities
State institutions
Veterans and veterans' affairs
Public assistance
76
77
78
79
79A
Public resources
Forests and forest products
Fish and wildlife
Mines, minerals, and petroleum
Public lands
Public recreational lands
80
81
Public service
Public utilities
Transportation
82
83
84
Taxation
Excise taxes
Estate taxation
Property taxes
85
86
87
88
89
90
91
Waters
Diking and drainage
Flood control
Irrigation
Navigation and harbor improvements
Reclamation, soil conservation, and land settlement
Water rights—Environment
Waterways
General provisions
2
3
4
5
6
7
8
9
9A
10
11
12
13
Judicial
Courts of record
District courts—Courts of limited jurisdiction
Civil procedure
Evidence
Enforcement of judgments
Special proceedings and actions
Eminent domain
Crimes and punishments
Washington Criminal Code
Criminal procedure
Probate and trust law
District courts—Civil procedure
Juvenile courts and juvenile offenders
14
Aeronautics
15
16
17
Agriculture
Agriculture and marketing
Animals and livestock
Weeds, rodents, and pests
18
19
20
21
22
Businesses and professions
Businesses and professions
Business regulations—Miscellaneous
Commission merchants—Agricultural products
Securities and investments
Warehousing and deposits
23
23B
24
25
Corporations, associations, and partnerships
Corporations and associations (Profit)
Washington business corporation act
Corporations and associations (Nonprofit)
Partnerships
26
Domestic relations
27
28A
28B
28C
Education
Libraries, museums, and historical activities
Common school provisions
Higher education
Vocational education
29A
Elections
30
31
32
33
Financial institutions
Banks and trust companies
Miscellaneous loan agencies
Mutual savings banks
Savings and loan associations
34
35
35A
36
37
38
39
40
41
42
43
44
Government
Administrative law
Cities and towns
Optional Municipal Code
Counties
Federal areas—Indians
Militia and military affairs
Public contracts and indebtedness
Public documents, records, and publications
Public employment, civil service, and pensions
Public officers and agencies
State government—Executive
State government—Legislative
[Preface—p iv]
(2010 Ed.)
Title 9
CRIMES AND PUNISHMENTS
Title 9
Chapters
9.01
9.02
9.03
9.04
9.05
9.08
9.12
9.16
9.18
9.24
9.26A
9.27
9.31
9.35
9.38
9.40
9.41
9.44
9.45
9.46
9.47
9.47A
9.51
9.54
9.55
9.61
9.62
9.66
9.68
9.68A
9.69
9.72
9.73
9.81
9.82
9.86
9.91
9.92
9.94
9.94A
9.94B
9.95
9.96
9.96A
9.98
9.100
9.101
General provisions.
Abortion.
Abandoned refrigeration equipment.
Advertising, crimes relating to.
Sabotage.
Animals, crimes relating to.
Barratry.
Brands and marks, crimes relating to.
Bidding offenses.
Corporations, crimes relating to.
Telecommunications crime.
Interference with court.
Escaped prisoner recaptured.
Identity crimes.
False representations.
Fire, crimes relating to.
Firearms and dangerous weapons.
Petition misconduct.
Frauds and swindles.
Gambling—1973 act.
Gambling.
Inhaling toxic fumes.
Juries, crimes relating to.
Stolen property restoration.
Legislature, crimes relating to.
Malicious mischief—Injury to property.
Malicious prosecution—Abuse of process.
Nuisance.
Obscenity and pornography.
Sexual exploitation of children.
Duty of witnesses.
Perjury.
Privacy, violating right of.
Subversive activities.
Treason.
Flags, crimes relating to.
Miscellaneous crimes.
Punishment.
Prisoners—Correctional institutions.
Sentencing reform act of 1981.
Sentencing—Crimes committed prior to July
1, 2000.
Indeterminate sentences.
Restoration of civil rights.
Restoration of employment rights.
Prisoners—Untried indictments, informations,
complaints.
Agreement on detainers.
Criminal street gang definitions—State preemption.
Civil disorder, proclamation of state of emergency, governor’s powers, penalties: RCW 43.06.200 through 43.06.270.
Criminal justice training commission—Education and training boards:
Chapter 43.101 RCW.
Explosives: Chapter 70.74 RCW.
Health care false claim act: Chapter 48.80 RCW.
Limitation of actions: RCW 9A.04.080.
(2010 Ed.)
Miscellaneous crimes, see list after chapter 9.91 RCW digest.
Threats against governor or family: RCW 9A.36.090.
Victims of crimes, compensation: Chapter 7.68 RCW.
Washington Criminal Code: Title 9A RCW.
Chapter 9.01
Chapter 9.01 RCW
GENERAL PROVISIONS
Sections
9.01.055
9.01.110
9.01.120
9.01.130
9.01.160
Citizen immunity if aiding officer, scope—When.
Omission, when not punishable.
Civil remedies preserved.
Sending letter, when complete.
Application to existing civil rights.
Conviction of lesser crime: RCW 10.61.010.
Employment of prisoners by county sheriff: RCW 36.28.100.
Forfeiture or impeachment rights preserved: RCW 42.04.040.
Former acquittal or conviction: Chapter 10.43 RCW.
Indians, jurisdiction in criminal and civil causes: Chapter 37.12 RCW.
Intent to defraud, proof: RCW 10.58.040.
Juvenile offenders, commitment: Chapters 13.04, 13.34 RCW.
Neglect of duty by public officer: RCW 42.20.100.
Presumption of innocence: RCW 10.58.020.
Prosecuting attorneys, duties in general: Chapter 36.27 RCW.
Self-incrimination: RCW 10.52.090.
9.01.055 Citizen immunity if aiding officer, scope—
When. Private citizens aiding a police officer, or other officers of the law in the performance of their duties as police
officers or officers of the law, shall have the same civil and
criminal immunity as such officer, as a result of any act or
commission for aiding or attempting to aid a police officer or
other officer of the law, when such officer is in imminent
danger of loss of life or grave bodily injury or when such
officer requests such assistance and when such action was
taken under emergency conditions and in good faith. [1969 c
37 § 1.]
9.01.055
Immunity from liability for certain types of medical care: RCW 4.24.300.
9.01.110 Omission, when not punishable. No person
shall be punished for an omission to perform an act when
such act has been performed by another acting in his behalf,
and competent to perform it. [1909 c 249 § 23; RRS § 2275.]
9.01.110
9.01.120 Civil remedies preserved. The omission to
specify or affirm in this act any liability to any damages, penalty, forfeiture or other remedy, imposed by law, and allowed
to be recovered or enforced in any civil action or proceeding,
for any act or omission declared punishable herein, shall not
affect any right to recover or enforce the same. [1909 c 249
§ 44; RRS § 2296.]
9.01.120
Additional notes found at www.leg.wa.gov
[Title 9 RCW—page 1]
9.01.130
Title 9 RCW: Crimes and Punishments
9.01.130 Sending letter, when complete. Whenever
any statute makes the sending of a letter criminal, the offense
shall be deemed complete from the time it is deposited in any
post office or other place, or delivered to any person, with
intent that it shall be forwarded; and the sender may be proceeded against in the county wherein it was so deposited or
delivered, or in which it was received by the person to whom
it was addressed. [1909 c 249 § 22; RRS § 2274.]
(3) Except as specifically permitted by RCW 9.02.100
through 9.02.170 and 9.02.900 through 9.02.902, the state
shall not deny or interfere with a woman’s fundamental right
to choose or refuse to have an abortion; and
(4) The state shall not discriminate against the exercise
of these rights in the regulation or provision of benefits, facilities, services, or information. [1992 c 1 § 1 (Initiative Measure No. 120, approved November 5, 1991).]
9.01.160 Application to existing civil rights. Nothing
in this act shall be deemed to affect any civil right or remedy
existing at the time when it shall take effect, by virtue of the
common law or of the provision of any statute. [1909 c 249
§ 43; RRS § 2295.]
9.02.110 Right to have and provide. The state may not
deny or interfere with a woman’s right to choose to have an
abortion prior to viability of the fetus, or to protect her life or
health.
A physician may terminate and a health care provider
may assist a physician in terminating a pregnancy as permitted by this section. [1992 c 1 § 2 (Initiative Measure No. 120,
approved November 5, 1991).]
9.01.130
9.01.160
Reviser’s note: For "this act," see note following RCW 9.01.120.
Chapter 9.02 RCW
ABORTION
Chapter 9.02
Sections
9.02.005
9.02.050
9.02.100
9.02.110
9.02.120
9.02.130
9.02.140
9.02.150
9.02.160
9.02.170
9.02.900
9.02.901
9.02.902
Transfer of duties to the department of health.
Concealing birth.
Reproductive privacy—Public policy.
Right to have and provide.
Unauthorized abortions—Penalty.
Defenses to prosecution.
State regulation.
Refusing to perform.
State-provided benefits.
Definitions.
Construction—1992 c 1 (Initiative Measure No. 120).
Severability—1992 c 1 (Initiative Measure No. 120).
Short title—1992 c 1 (Initiative Measure No. 120).
Advertising or selling means of abortion: RCW 9.68.030.
Health care facilities, interference with: Chapter 9A.50 RCW.
Right to medical treatment of infant born alive in the course of an abortion
procedure: RCW 18.71.240.
9.02.005 Transfer of duties to the department of
health. The powers and duties of the state board of health
under this chapter shall be performed by the department of
health. [1989 1st ex.s. c 9 § 202; 1985 c 213 § 3.]
9.02.005
Additional notes found at www.leg.wa.gov
9.02.050 Concealing birth. Every person who shall
endeavor to conceal the birth of a child by any disposition of
its dead body, whether the child died before or after its birth,
shall be guilty of a gross misdemeanor. [1909 c 249 § 200;
RRS § 2452.]
9.02.050
9.02.100 Reproductive privacy—Public policy. The
sovereign people hereby declare that every individual possesses a fundamental right of privacy with respect to personal
reproductive decisions.
Accordingly, it is the public policy of the state of Washington that:
(1) Every individual has the fundamental right to choose
or refuse birth control;
(2) Every woman has the fundamental right to choose or
refuse to have an abortion, except as specifically limited by
RCW 9.02.100 through 9.02.170 and 9.02.900 through
9.02.902;
9.02.100
[Title 9 RCW—page 2]
9.02.110
9.02.120 Unauthorized abortions—Penalty. Unless
authorized by RCW 9.02.110, any person who performs an
abortion on another person shall be guilty of a class C felony
punishable under chapter 9A.20 RCW. [1992 c 1 § 3 (Initiative Measure No. 120, approved November 5, 1991).]
9.02.120
9.02.130 Defenses to prosecution. The good faith
judgment of a physician as to viability of the fetus or as to the
risk to life or health of a woman and the good faith judgment
of a health care provider as to the duration of pregnancy shall
be a defense in any proceeding in which a violation of this
chapter is an issue. [1992 c 1 § 4 (Initiative Measure No. 120,
approved November 5, 1991).]
9.02.130
9.02.140 State regulation. Any regulation promulgated
by the state relating to abortion shall be valid only if:
(1) The regulation is medically necessary to protect the
life or health of the woman terminating her pregnancy,
(2) The regulation is consistent with established medical
practice, and
(3) Of the available alternatives, the regulation imposes
the least restrictions on the woman’s right to have an abortion
as defined by RCW 9.02.100 through 9.02.170 and 9.02.900
through 9.02.902. [1992 c 1 § 5 (Initiative Measure No. 120,
approved November 5, 1991).]
9.02.140
9.02.150 Refusing to perform. No person or private
medical facility may be required by law or contract in any circumstances to participate in the performance of an abortion if
such person or private medical facility objects to so doing.
No person may be discriminated against in employment or
professional privileges because of the person’s participation
or refusal to participate in the termination of a pregnancy.
[1992 c 1 § 6 (Initiative Measure No. 120, approved November 5, 1991).]
9.02.150
9.02.160 State-provided benefits. If the state provides,
directly or by contract, maternity care benefits, services, or
information to women through any program administered or
funded in whole or in part by the state, the state shall also provide women otherwise eligible for any such program with
substantially equivalent benefits, services, or information to
9.02.160
(2010 Ed.)
Abandoned Refrigeration Equipment
permit them to voluntarily terminate their pregnancies. [1992
c 1 § 7 (Initiative Measure No. 120, approved November 5,
1991).]
9.02.170 Definitions. For purposes of this chapter:
(1) "Viability" means the point in the pregnancy when, in
the judgment of the physician on the particular facts of the
case before such physician, there is a reasonable likelihood of
the fetus’s sustained survival outside the uterus without the
application of extraordinary medical measures.
(2) "Abortion" means any medical treatment intended to
induce the termination of a pregnancy except for the purpose
of producing a live birth.
(3) "Pregnancy" means the reproductive process beginning with the implantation of an embryo.
(4) "Physician" means a physician licensed to practice
under chapter 18.57 or 18.71 RCW in the state of Washington.
(5) "Health care provider" means a physician or a person
acting under the general direction of a physician.
(6) "State" means the state of Washington and counties,
cities, towns, municipal corporations, and quasi-municipal
corporations in the state of Washington.
(7) "Private medical facility" means any medical facility
that is not owned or operated by the state. [1992 c 1 § 8 (Initiative Measure No. 120, approved November 5, 1991).]
9.02.170
9.02.900 Construction—1992 c 1 (Initiative Measure
No. 120). RCW 9.02.100 through 9.02.170 and 9.02.900
through 9.02.902 shall not be construed to define the state’s
interest in the fetus for any purpose other than the specific
provisions of RCW 9.02.100 through 9.02.170 and 9.02.900
through 9.02.902. [1992 c 1 § 10 (Initiative Measure No.
120, approved November 5, 1991).]
9.02.900
Chapter 9.04
in any place accessible to children any refrigerator, icebox, or
deep freeze locker having a capacity of one and one-half
cubic feet or more, which is no longer in use, and which has
not had the door removed or a portion of the latch mechanism
removed to prevent latching or locking of the door, is guilty
of a misdemeanor. [1955 c 298 § 1.]
9.03.020 Permitting unused equipment to remain on
premises. Any owner, lessee, or manager who knowingly
permits such an unused refrigerator, icebox, or deep freeze
locker to remain on the premises under his control without
having the door removed or a portion of the latch mechanism
removed to prevent latching or locking of the door is guilty of
a misdemeanor. [1955 c 298 § 2.]
9.03.020
9.03.030 Violation of RCW 9.03.010 or 9.03.020.
Guilt of a violation of RCW 9.03.010 or 9.03.020 shall not, in
itself, render one guilty of manslaughter, battery, or other
crime against a person who may suffer death or injury from
entrapment in such refrigerator, icebox, or deep freeze locker.
[1955 c 298 § 3.]
9.03.030
9.03.040 Keeping or storing equipment for sale. Any
person who keeps or stores refrigerators, iceboxes, or deep
freeze lockers for the purpose of selling or offering them for
sale shall not be guilty of a violation of this chapter if he takes
reasonable precautions to effectively secure the door of any
refrigerator, icebox, or deep freeze locker held for purpose of
sale so as to prevent entrance of children small enough to fit
into such articles. [1955 c 298 § 4.]
9.03.040
Chapter 9.04 RCW
ADVERTISING, CRIMES RELATING TO
Chapter 9.04
Sections
9.02.901 Severability—1992 c 1 (Initiative Measure
No. 120). If any provision of RCW 9.02.100 through
9.02.170 and 9.02.900 through 9.02.902 or its application to
any person or circumstance is held invalid, the remainder of
RCW 9.02.100 through 9.02.170 and 9.02.900 through
9.02.902 or the application of the provision to other persons
or circumstances is not affected. [1992 c 1 § 11 (Initiative
Measure No. 120, approved November 5, 1991).]
9.02.901
9.02.902 Short title—1992 c 1 (Initiative Measure No.
120). RCW 9.02.100 through 9.02.170 and 9.02.900 through
9.02.902 shall be known and may be cited as the Reproductive Privacy Act. [1992 c 1 § 12 (Initiative Measure No. 120,
approved November 5, 1991).]
9.02.902
Chapter 9.03 RCW
ABANDONED REFRIGERATION EQUIPMENT
Chapter 9.03
Sections
9.03.010
9.03.020
9.03.030
9.03.040
Abandoning, discarding refrigeration equipment.
Permitting unused equipment to remain on premises.
Violation of RCW 9.03.010 or 9.03.020.
Keeping or storing equipment for sale.
9.03.010 Abandoning, discarding refrigeration
equipment. Any person who discards or abandons or leaves
9.04.010
9.04.040
9.04.050
9.04.060
9.04.070
9.04.080
9.04.090
False advertising.
Advertising cures of lost sexual potency—Evidence.
False, misleading, deceptive advertising.
False, misleading, deceptive advertising—Action to restrain
and prevent.
False, misleading, deceptive advertising—Penalty.
False, misleading, deceptive advertising—Assurance of discontinuance of unlawful practice.
Advertising fuel prices by service stations.
Apple advertising: Chapter 15.24 RCW.
Attaching advertisements to utility poles—Penalty: RCW 70.54.090.
Attorneys-at-law, advertising: Rules of court: RPC 7.2.
Banks and trust companies:
advertising legal services: RCW 30.04.260.
using words indicating: RCW 30.04.020.
Buildings, placing advertising matter on: Chapter 9A.48 RCW.
Charitable solicitations, regulation, application of chapter 9.04 RCW: RCW
19.09.340.
Contraceptives or means of abortion, advertising: RCW 9.68.030.
Dentistry, advertising restrictions: RCW 18.32.665, 18.32.755.
Egg law, advertising violations: Chapter 69.25 RCW.
Elections, advertising violations:
initiative or referendum petition signers: RCW 29A.84.250.
recall petition signers: RCW 29A.84.220.
Employment agencies, false advertising: Chapter 19.31 RCW.
Food, drugs, and cosmetics: Chapter 69.04 RCW.
9.03.010
(2010 Ed.)
Hearing instrument dispensing, advertising, etc.—Application: RCW
18.35.180.
[Title 9 RCW—page 3]
9.04.010
Title 9 RCW: Crimes and Punishments
Insurance, unlawful advertising practices: Chapter 48.30 RCW.
false, deceptive or misleading character. [2000 c 33 § 1;
1961 c 189 § 1.]
Optometry advertising: RCW 18.53.140, 18.53.150.
Blind made products, false advertising: RCW 19.06.030, 19.06.040.
State parks, advertising prohibited: RCW 79A.05.165.
Highway advertising control act of 1961, Scenic Vistas Act of 1971: Chapter
47.42 RCW.
Indecent articles: RCW 9.68.030.
9.04.010 False advertising. Any person, firm, corporation or association who, with intent to sell or in any wise dispose of merchandise, securities, service, or anything offered
by such person, firm, corporation or association, directly or
indirectly, to the public for sale or distribution, or with intent
to increase the consumption thereof, or to induce the public in
any manner to enter into any obligation relating thereto, or to
acquire title thereto, or an interest therein, makes, publishes,
disseminates, circulates, or places before the public, or
causes, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public in this state, in
a newspaper or other publication, or in the form of a book,
notice, hand-bill, poster, bill, circular, pamphlet, or letter, or
in any other way, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the
public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading, shall be guilty of a misdemeanor: PROVIDED, That
the provisions of this section shall not apply to any owner,
publisher, agent, or employee of a newspaper for the publication of such advertisement published in good faith and without knowledge of the falsity thereof. [1913 c 34 § 1; RRS §
2622-1.]
9.04.010
9.04.040 Advertising cures of lost sexual potency—
Evidence. Any advertisement in any newspaper, periodical,
pamphlet, circular or other written or printed paper, containing the words, "lost manhood", "lost vitality", "lost vigor",
"monthly regulators for women", or words synonymous
therewith, shall be prima facie evidence of intent to violate
*RCW 9.04.030 and 9.04.040 by the person or persons so
advertising, or causing to be advertised, or publishing or permitting to be published, or distributing, circulating and displaying or causing to be distributed, circulated or displayed,
any such advertisement. [1921 c 168 § 2; RRS § 2462-1.]
9.04.040
*Reviser’s note: RCW 9.04.030 was repealed by 1987 c 456 § 32.
9.04.050 False, misleading, deceptive advertising. It
shall be unlawful for any person to publish, disseminate or
display, or cause directly or indirectly, to be published, disseminated or displayed in any manner or by any means,
including solicitation or dissemination by mail, telephone,
electronic communication, or door-to-door contacts, any
false, deceptive or misleading advertising, with knowledge of
the facts which render the advertising false, deceptive or misleading, for any business, trade or commercial purpose or for
the purpose of inducing, or which is likely to induce, directly
or indirectly, the public to purchase, consume, lease, dispose
of, utilize or sell any property or service, or to enter into any
obligation or transaction relating thereto: PROVIDED, That
nothing in this section shall apply to any radio or television
broadcasting station which broadcasts, or to any publisher,
printer or distributor of any newspaper, magazine, billboard
or other advertising medium who publishes, prints or distributes, such advertising in good faith without knowledge of its
9.04.050
[Title 9 RCW—page 4]
Additional notes found at www.leg.wa.gov
9.04.060 False, misleading, deceptive advertising—
Action to restrain and prevent. The attorney general or the
prosecuting attorneys of the several counties may bring an
action in the superior court to restrain and prevent any person
from violating any provision of RCW 9.04.050 through
9.04.080. [1961 c 189 § 2.]
9.04.060
9.04.070 False, misleading, deceptive advertising—
Penalty. Any person who violates any order or injunction
issued pursuant to RCW 9.04.050 through 9.04.080 shall be
subject to a fine of not more than five thousand dollars or
imprisonment for not more than ninety days or both. [1999 c
143 § 1; 1961 c 189 § 3.]
9.04.070
9.04.080 False, misleading, deceptive advertising—
Assurance of discontinuance of unlawful practice. In the
enforcement of RCW 9.04.050 through 9.04.080 the official
enforcing RCW 9.04.050 through 9.04.080 may accept an
assurance of discontinuance of any act or practice deemed in
violation of RCW 9.04.050 through 9.04.080, from any person engaging in, or who has engaged in such act or practice.
Any such assurance shall be in writing and be filed with and
subject to the approval of the superior court of the county in
which the alleged violator resides or has his principal place of
business, or in Thurston county. A violation of such assurance shall constitute prima facie proof of a violation of RCW
9.04.050 through 9.04.080: PROVIDED, That after commencement of any action by a prosecuting attorney, as provided herein, the attorney general may not accept an assurance of discontinuance without the consent of the prosecuting
attorney. [1961 c 189 § 4.]
9.04.080
9.04.090 Advertising fuel prices by service stations.
It is unlawful for any dealer or service station, as both are
defined in *RCW 82.36.010, to advertise by publication, dissemination, display, or whatever means:
(1) A price per unit of fuel that is expressed in a unit of
measurement different from that employed by the pump or
other device used to dispense the fuel, unless the price is
advertised for both units of measurement in the same fashion;
or
(2) A price per unit of fuel that is conditioned upon the
purchase of another product, unless the conditional language,
name, and price of the other product are clearly expressed in
the advertisement in characters at least one-half the height of
the characters used to advertise the fuel price.
Violation of this section is a misdemeanor and is subject
to the provisions of RCW 9.04.060 through 9.04.080. [1983
c 114 § 1.]
9.04.090
*Reviser’s note: RCW 82.36.010 was amended by 1998 c 176 § 6,
deleting the definition of "service station." RCW 82.36.010 was subsequently amended by 2007 c 515 § 1, deleting the definition of "dealer."
(2010 Ed.)
Sabotage
Chapter 9.05
Chapter 9.05 RCW
SABOTAGE
(Formerly: Anarchy and sabotage)
Chapter 9.08
Assemblages of saboteurs.
Criminal sabotage defined—Penalty.
Provisions cumulative.
Freedom of speech: State Constitution Art. 1 § 5.
9.08.065
9.08.070
9.08.072
9.08.074
Subversive activities: Chapter 9.81 RCW.
9.08.076
Treason: State Constitution Art. 1 § 27; chapter 9.82 RCW.
9.08.078
9.05.030
9.05.030 Assemblages of saboteurs. Whenever two or
more persons assemble for the purpose of committing criminal sabotage, as defined in RCW 9.05.060, such an assembly
is unlawful, and every person voluntarily and knowingly participating therein by his or her presence, aid, or instigation, is
guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than ten
years, or by a fine of not more than five thousand dollars, or
both. [2003 c 53 § 6; 1999 c 191 § 1; 1992 c 7 § 2; 1909 c 249
§ 314; 1903 c 45 § 4; RRS § 2566.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.05.060
9.05.060 Criminal sabotage defined—Penalty. (1)
Whoever, with intent that his or her act shall, or with reason
to believe that it may, injure, interfere with, interrupt, supplant, nullify, impair, or obstruct the owner’s or operator’s
management, operation, or control of any agricultural, stockraising, lumbering, mining, quarrying, fishing, manufacturing, transportation, mercantile, or building enterprise, or any
other public or private business or commercial enterprise,
wherein any person is employed for wage, shall willfully
damage or destroy, or attempt or threaten to damage or
destroy, any property whatsoever, or shall unlawfully take or
retain, or attempt or threaten unlawfully to take or retain, possession or control of any property, instrumentality, machine,
mechanism, or appliance used in such business or enterprise,
shall be guilty of criminal sabotage.
(2) Criminal sabotage is a class B felony punishable
according to chapter 9A.20 RCW. [2003 c 53 § 7; 1999 c 191
§ 2; 1919 c 173 § 1; RRS § 2563-3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 9.08 RCW
ANIMALS, CRIMES RELATING TO
Sections
9.08.030
Sections
9.05.030
9.05.060
9.05.090
9.08.030
9.08.080
9.08.090
False certificate of registration of animals—False representation as to breed.
Definitions.
Pet animals—Taking, concealing, injuring, killing, etc.—Penalty.
Transferring stolen pet animal to a research institution—Penalty.
Transferring stolen pet animal to a person who has previously
sold a stolen pet animal to a research institution—Penalty.
Transferring stolen pet animal to a research institution by a
U.S.D.A. licensed dealer—Penalty.
Illegal sale, receipt, or transfer of pet animals—Separate
offenses.
Acts against animal facilities—Intent.
Acts against animal facilities.
Accelerant detection dogs
harming: RCW 9A.76.200.
immunity of handler: RCW 4.24.410.
Animals and livestock: Title 16 RCW.
Bees: Chapter 15.60 RCW.
Brands and marks, generally: Chapter 9.16 RCW.
Bulls running at large: RCW 16.24.180 through 16.24.210.
Carrier or racing pigeons—Injury to: RCW 9.61.190 and 9.61.200.
"Coyote getters," use permitted: RCW 9.41.185.
Cruelty to
animals, generally: Chapter 16.52 RCW.
stock in transit: RCW 81.48.070.
Destroying animals in state parks: RCW 79A.05.165.
Disposal of dead animals: Chapter 16.68 RCW.
Dog law: Chapters 16.08, 16.10 RCW.
Dog licensing
control zones: Chapter 16.10 RCW.
counties: Chapter 36.49 RCW.
unclassified cities: RCW 35.30.010.
Game code: Title 77 RCW.
Guard animals, registration: RCW 43.44.120.
Guide dogs: Chapter 70.84 RCW.
Horses, mules, and asses running at large: Chapter 16.24 RCW.
Indictment or information in crimes involving animals: RCW 10.37.070.
Ladybugs, beneficial insects: Chapter 15.61 RCW.
Police dogs
harming: RCW 9A.76.200.
immunity of handler: RCW 4.24.410.
Police horses, harming: RCW 9A.76.200.
Quarantine of diseased domestic animals: Chapter 16.36 RCW.
Race horses: Chapter 67.16 RCW.
Service dogs: Chapter 70.84 RCW.
Stealing horses or cattle: Chapter 9A.56 RCW.
Transporting in unsafe manner: RCW 16.52.080.
Endangering life by breach of labor contract: RCW 49.44.080.
9.08.030 False certificate of registration of animals—
False representation as to breed. Every person who, by
color or aid of any false pretense, representation, token or
writing shall obtain from any club, association, society or
company for the improvement of the breed of cattle, horses,
sheep, swine, fowls or other domestic animals or birds, a certificate of registration of any animal or bird in a herdbook, or
other register of any such association, society or company, or
a transfer of any such registration, and every person who
shall knowingly represent an animal or bird for breeding purposes to be of a greater degree of any particular strain of
9.08.030
Excessive steam in boilers: RCW 70.54.080.
Malicious injury to railroad property: RCW 81.60.070.
Malicious mischief—Injury to property: Chapter 9A.48 RCW.
Sabotaging rolling stock: RCW 81.60.080.
9.05.090
9.05.090 Provisions cumulative. RCW 9.05.030 and
9.05.060 shall not be construed to repeal or amend any existing penal statute. [1999 c 191 § 3; 1919 c 173 § 4; RRS §
2563-6.]
(2010 Ed.)
[Title 9 RCW—page 5]
9.08.065
Title 9 RCW: Crimes and Punishments
blood than such animal actually possesses, shall be guilty of
a gross misdemeanor. [1909 c 249 § 341; RRS § 2593.]
9.08.065 Definitions. As used in RCW 9.08.070
through 9.08.078:
(1) "Pet animal" means a tamed or domesticated animal
legally retained by a person and kept as a companion. "Pet
animal" does not include livestock raised for commercial purposes.
(2) "Research institution" means a facility licensed by
the United States department of agriculture to use animals in
biomedical or product research.
(3) "U.S.D.A. licensed dealer" means a person who is
licensed or required to be licensed by the United States
department of agriculture to commercially buy, receive, sell,
negotiate for sale, or transport animals. [2003 c 53 § 8; 1989
c 359 § 1.]
9.08.065
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.08.070 Pet animals—Taking, concealing, injuring,
killing, etc.—Penalty. (1) Any person who, with intent to
deprive or defraud the owner thereof, does any of the following shall be guilty of a gross misdemeanor punishable
according to chapter 9A.20 RCW and by a mandatory fine of
not less than five hundred dollars per pet animal, except as
provided by subsection (2) of this section:
(a) Takes, leads away, confines, secretes or converts any
pet animal, except in cases in which the value of the pet animal exceeds two hundred fifty dollars;
(b) Conceals the identity of any pet animal or its owner
by obscuring, altering, or removing from the pet animal any
collar, tag, license, tattoo, or other identifying device or
mark;
(c) Willfully or recklessly kills or injures any pet animal,
unless excused by law.
(2) Nothing in this section shall prohibit a person from
also being convicted of separate offenses under RCW
9A.56.030, 9A.56.040, or 9A.56.050 for theft or under RCW
9A.56.150, 9A.56.160, or 9A.56.170 for possession of stolen
property. [2003 c 53 § 9; 1989 c 359 § 2; 1982 c 114 § 1.]
9.08.070
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application of Consumer Protection Act: RCW 19.86.145.
9.08.072 Transferring stolen pet animal to a research
institution—Penalty. (1) It is unlawful for any person to
receive with intent to sell to a research institution in the state
of Washington, or sell or otherwise directly transfer to a
research institution in the state of Washington, a pet animal
that the person knows or has reason to know has been stolen
or fraudulently obtained. This section does not apply to
U.S.D.A. licensed dealers.
(2) The first conviction under this section is a gross misdemeanor punishable according to chapter 9A.20 RCW and
by a mandatory fine of not less than five hundred dollars per
pet animal.
(3) A second or subsequent conviction under this section
is a class C felony punishable according to chapter 9A.20
RCW and by a mandatory fine of not less than one thousand
dollars per pet animal.
9.08.072
[Title 9 RCW—page 6]
(4) Nothing in this section shall prohibit a person from
also being convicted of separate offenses under RCW
9A.56.030, 9A.56.040, or 9A.56.050 for theft or under RCW
9A.56.150, 9A.56.160, or 9A.56.170 for possession of stolen
property. [2003 c 53 § 10.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.08.074 Transferring stolen pet animal to a person
who has previously sold a stolen pet animal to a research
institution—Penalty. (1) It is unlawful for any person, who
knows or has reason to know that a pet animal has been stolen
or fraudulently obtained, to sell or otherwise transfer the pet
animal to another who the person knows or has reason to
know has previously sold a stolen or fraudulently obtained
pet animal to a research institution in the state of Washington.
(2) A conviction under this section is a class C felony
punishable according to chapter 9A.20 RCW and by a mandatory fine of not less than one thousand dollars per pet animal. [2003 c 53 § 11.]
9.08.074
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.08.076 Transferring stolen pet animal to a research
institution by a U.S.D.A. licensed dealer—Penalty. (1) It
is unlawful for a U.S.D.A. licensed dealer to receive with
intent to sell, or sell or transfer directly or through a third
party, to a research institution in the state of Washington, a
pet animal that the dealer knows or has reason to know has
been stolen or fraudulently obtained.
(2) A conviction under this section is a class C felony
punishable according to chapter 9A.20 RCW and by a mandatory fine of not less than one thousand dollars per pet animal. [2003 c 53 § 12.]
9.08.076
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.08.078 Illegal sale, receipt, or transfer of pet animals—Separate offenses. (1) The sale, receipt, or transfer
of each individual pet animal in violation of RCW 9.08.070
through 9.08.078 constitutes a separate offense.
(2) The provisions of RCW 9.08.070 through 9.08.078
shall not apply to the lawful acts of any employee, agent, or
director of any humane society, animal control agency, or
animal shelter operated by or on behalf of any government
agency, operating under law. [2003 c 53 § 13.]
9.08.078
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.08.080 Acts against animal facilities—Intent. There
has been an increasing number of illegal acts committed
against animal production and research facilities involving
injury or loss of life to animals or humans, criminal trespass,
and damage to property. These actions not only abridge the
property rights of the owners, operators, and employees of
the facility, they may also damage the public interest by jeopardizing crucial animal production or agricultural, scientific,
or biomedical research. These actions may also threaten the
public safety by exposing communities to public health concerns and creating traffic hazards. These actions substantially
disrupt or damage research and result in the potential loss of
9.08.080
(2010 Ed.)
Barratry
physical and intellectual property. While the criminal code,
particularly the malicious mischief crimes, adequately covers
those who intentionally and without authority damage or
destroy farm animals, the code does not adequately cover
similar misconduct directed against research and educational
facilities. Therefore, it is in the interest of the people of the
state of Washington to protect the welfare of humans and animals, as well as the productive use of private or public funds,
to promote and protect scientific and medical research, foster
education, and preserve and enhance agricultural production.
It is the intent of the legislature that the courts in deciding applications for injunctive relief under RCW 4.24.580
give full consideration to the constitutional rights of persons
to speak freely, to picket, and to conduct other lawful activities. [1991 c 325 § 1.]
Civil liability for acts against animal facilities: RCW 4.24.570 through
4.24.580.
Additional notes found at www.leg.wa.gov
9.08.090 Acts against animal facilities. A person is
guilty of a class C felony: If he or she, without authorization,
knowingly takes, releases, destroys, contaminates, or damages any animal or animals kept in a research or educational
facility where the animal or animals are used or to be used for
medical research purposes or other research purposes or for
educational purposes; or if he or she, without authorization,
knowingly destroys or damages any records, equipment,
research product, or other thing pertaining to such animal or
animals. [1991 c 325 § 2.]
9.08.090
Civil liability for acts against animal facilities: RCW 4.24.570 through
4.24.580.
Additional notes found at www.leg.wa.gov
9.16.005
who shall, directly or indirectly, buy or be interested in buying anything in action for the purpose of commencing a suit
thereon before a district judge, or who shall give or promise
any valuable consideration to any person as an inducement to
bring, or as a consideration for having brought, a suit before
a district judge, shall be guilty of a misdemeanor. [1987 c
202 § 138; 1909 c 249 § 119; RRS § 2371.]
Intent—1987 c 202: See note following RCW 2.04.190.
Chapter 9.16 RCW
BRANDS AND MARKS, CRIMES RELATING TO
Chapter 9.16
Sections
9.16.005
9.16.010
9.16.020
9.16.030
9.16.035
9.16.041
9.16.050
9.16.060
9.16.070
9.16.080
9.16.100
9.16.110
9.16.120
9.16.130
9.16.140
9.16.150
Definitions.
Removing lawful brands.
Imitating lawful brand.
Counterfeit mark—Intellectual property.
Counterfeiting—Penalties.
Counterfeit items—Seizure and forfeiture.
When deemed affixed.
Fraudulent registration of trademark.
Form and similitude defined.
Petroleum products improperly labeled or graded—Penalty.
Use of the words "sterling silver," etc.
Use of words "coin silver," etc.
Use of the word "sterling" on mounting.
Use of the words "coin silver" on mounting.
Unlawfully marking article made of gold.
"Marked, stamped or branded" defined.
Animals and livestock: Title 16 RCW.
Defacement of motor serial numbers: RCW 9A.56.180.
Egg law: Chapter 69.25 RCW.
Fertilizers, minerals, and limes, brand alteration, etc.: Chapter 15.54 RCW.
Food, drugs, and cosmetics: Chapter 69.04 RCW.
Forest products, marks and brands: Chapter 76.36 RCW.
Chapter 9.12
Chapter 9.12 RCW
BARRATRY
Barratry.
Buying, demanding, or promising reward by district judge or
deputy.
9.12.010 Barratry. Every person who brings on his or
her own behalf, or instigates, incites, or encourages another
to bring, any false suit at law or in equity in any court of this
state, with intent thereby to distress or harass a defendant in
the suit, or who serves or sends any paper or document purporting to be or resembling a judicial process, that is not in
fact a judicial process, is guilty of a misdemeanor; and in case
the person offending is an attorney, he or she may, in addition
thereto be disbarred from practicing law within this state.
[2001 c 310 § 3. Prior: 1995 c 285 § 27; 1915 c 165 § 1; 1909
c 249 § 118; Code 1881 § 901; 1873 p 204 § 100; 1854 p 92
§ 91; RRS § 2370.]
9.12.010
Purpose—Effective date—2001 c 310: See notes following RCW
2.48.180.
Attorneys-at-law: Chapter 2.44 RCW.
State bar act: Chapter 2.48 RCW.
Additional notes found at www.leg.wa.gov
9.12.020 Buying, demanding, or promising reward
by district judge or deputy. Every district judge or deputy
9.12.020
(2010 Ed.)
Poisons, misbranding: Chapters 69.36, 69.40 RCW.
Trademark registration: Chapters 19.76, 19.77 RCW.
Sections
9.12.010
9.12.020
Honey act, misbranding, etc.: Chapter 69.28 RCW.
Watches, removal of serial number: Chapter 19.60 RCW.
9.16.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Counterfeit mark" means:
(a) Any unauthorized reproduction or copy of intellectual property; or
(b) Intellectual property affixed to any item knowingly
sold, offered for sale, manufactured, or distributed, or identifying services offered or rendered, without the authority of
the owner of the intellectual property.
(2) "Intellectual property" means any trademark, service
mark, trade name, label, term, device, design, or work
adopted or used by a person to identify such person’s goods
or services. Intellectual property does not have exclusive use
rights to trade names registered under chapter 19.80 RCW.
(3) "Retail value" means the counterfeiter’s regular selling price for the item or service bearing or identified by the
counterfeit mark. In the case of items bearing a counterfeit
mark which are components of a finished product, the retail
value shall be the counterfeiter’s regular selling price of the
finished product on or in which the component would be utilized. [1999 c 322 § 1.]
9.16.005
[Title 9 RCW—page 7]
9.16.010
Title 9 RCW: Crimes and Punishments
9.16.010 Removing lawful brands. Every person who
shall willfully deface, obliterate, remove, or alter any mark or
brand placed by or with the authority of the owner thereof on
any shingle bolt, log or stick of timber, or on any horse, mare,
gelding, mule, cow, steer, bull, sheep, goat or hog, shall be
punished by imprisonment in a state correctional facility for
not more than five years, or by imprisonment in the county
jail for not more than one year, or by a fine of not more than
one thousand dollars, or by both fine and imprisonment.
[1992 c 7 § 3; 1909 c 249 § 342; Code 1881 § 839; 1873 p
191 § 54; RRS § 2594.]
9.16.010
Forest product brands and marks, falsifying, etc.: RCW 76.36.110,
76.36.120.
9.16.020 Imitating lawful brand. Every person who,
in any county, places upon any property, any brand or mark
in the likeness or similitude of another brand or mark filed
with the county auditor of such county by the owner thereof
as a brand or mark for the designation or identification of a
like kind of property, is:
(1) If done with intent to confuse or commingle such
property with, or to appropriate to his or her own use, the
property of such other owner, guilty of a felony, and be punished by imprisonment in a state correctional facility for not
more than five years, or by imprisonment in the county jail
for not more than one year, or by a fine of not more than one
thousand dollars, or by both fine and imprisonment; or
(2) If done without such intent, guilty of a misdemeanor.
[1992 c 7 § 4; 1909 c 249 § 343; RRS § 2595.]
9.16.020
9.16.030 Counterfeit mark—Intellectual property.
Any person who willfully and knowingly, and for financial
gain, manufactures, uses, displays, advertises, distributes,
offers for sale, sells or possesses with intent to sell or distribute any item, or offers any services, bearing or identified by a
counterfeit mark, is guilty of the crime of counterfeiting.
Any state or federal certificate of registration of any
intellectual property is prima facie evidence of the facts
stated in the certificate. [1999 c 322 § 2; 1909 c 249 § 344;
Code 1881 § 854; 1873 p 194 § 63; 1854 p 85 § 87; RRS §
2596.]
9.16.030
9.16.035 Counterfeiting—Penalties. (1) Counterfeiting is a misdemeanor, except as provided in subsections (2),
(3) and (4) of this section.
(2) Counterfeiting is a gross misdemeanor if:
(a) The defendant has previously been convicted under
RCW 9.16.030; or
(b) The violation involves more than one hundred but
fewer than one thousand items bearing a counterfeit mark or
the total retail value of all items bearing a counterfeit mark or
the total retail value of all items bearing, or services identified by, a counterfeit mark is more than one thousand dollars
but less than ten thousand dollars.
(3) Counterfeiting is a class C felony if:
(a) The defendant has been previously convicted of two
or more offenses under RCW 9.16.030;
(b) The violation involves the manufacture or production
of items bearing counterfeit marks; or
(c) The violation involves one thousand or more items
bearing a counterfeit mark or the total retail value of all items
9.16.035
[Title 9 RCW—page 8]
bearing, or services identified by, a counterfeit mark is ten
thousand dollars or more.
(4) Counterfeiting is a class C felony if:
(a) The violation involves the manufacture, production,
or distribution of items bearing counterfeit marks; and
(b) The defendant knew or should have known that the
counterfeit items, by their intended use, endangered the
health or safety of others.
(5) For purposes of this section, the quantity or retail
value of items or services shall include the aggregate quantity
or retail value of all items bearing, or services identified by,
every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, possesses, or possesses with
intent to sell.
(6) A person guilty of counterfeiting shall be fined an
amount up to three times the retail value of the items bearing,
or services identified by, a counterfeit mark, unless extenuating circumstances are shown by the defendant.
(7) The penalties provided for in this section are cumulative and do not affect any other civil and criminal penalties
provided by law. [1999 c 322 § 3.]
9.16.041 Counterfeit items—Seizure and forfeiture.
(1) Any items bearing a counterfeit mark, and all personal
property employed or used in connection with counterfeiting,
including but not limited to, any items, objects, tools,
machines, equipment, instruments, or vehicles of any kind,
shall be seized by any law enforcement officer.
All seized personal property referenced in this subsection shall be forfeited in accordance with RCW 10.105.010.
(2) Upon request of the intellectual property owner, all
seized items bearing a counterfeit mark shall be released to
the intellectual property owner for destruction or disposition.
(3) If the intellectual property owner does not request
release of seized items bearing a counterfeit mark, such items
shall be destroyed unless the intellectual property owner consents to another disposition. [1999 c 322 § 4.]
9.16.041
9.16.050 When deemed affixed. A label, trademark,
term, design, device or form of advertisement shall be
deemed to be affixed to any goods, wares, merchandise, mixture, preparation or compound whenever it is in any manner
placed in or upon either the article itself, or the box, bale, barrel, bottle, case, cask or other vessel or package, or the cover,
wrapper, stopper, brand, label or other thing in, by or with
which the goods are packed, enclosed or otherwise prepared
for sale or distribution. [1909 c 249 § 346; RRS § 2598.]
9.16.050
9.16.060 Fraudulent registration of trademark.
Every person who shall for himself, or on behalf of any other
person, corporation, association or union, procure the filing
of any label, trademark, term, design, device or form of
advertisement, with the secretary of state by any fraudulent
means, shall be guilty of a misdemeanor. [1909 c 249 § 347;
RRS § 2599.]
9.16.060
Trademark registration: Chapter 19.77 RCW.
9.16.070 Form and similitude defined. A plate, label,
trademark, term, design, device or form of advertisement is in
the form and similitude of the genuine instrument imitated if
9.16.070
(2010 Ed.)
Bidding Offenses
the finished parts of the engraving thereupon shall resemble
or conform to the similar parts of the genuine instrument.
[1909 c 249 § 348; RRS § 2600.]
9.16.080
9.16.080 Petroleum products improperly labeled or
graded—Penalty. (1) It shall be unlawful for any person,
firm, or corporation:
(a) To use, adopt, place upon, or permit to be used,
adopted or placed upon, any barrel, tank, drum or other container of gasoline or lubricating oil for internal combustion
engines, sold or offered for sale, or upon any pump or other
device used in delivering the same, any trade name, trademark, designation or other descriptive matter, which is not
the true and correct trade name, trademark, designation or
other descriptive matter of the gasoline or lubricating oil so
sold or offered for sale;
(b) To sell, or offer for sale, or have in his or her or its
possession with intent to sell, any gasoline or lubricating oil,
contained in, or taken from, or through any barrel, tank,
drum, or other container or pump or other device, so unlawfully labeled or marked, as hereinabove provided;
(c) To sell, or offer for sale, or have in his or her or its
possession with intent to sell any gasoline or lubricating oil
for internal combustion engines and to represent to the purchaser, or prospective purchaser, that such gasoline or lubricating oil so sold or offered for sale, is of a quality, grade or
standard, or the product of a particular gasoline or lubricating
oil manufacturing, refining or distributing company or association, other than the true quality, grade, standard, or the
product of a particular gasoline or oil manufacturing, refining
or distributing company or association, of the gasoline or oil
so offered for sale or sold.
(2)(a) Except as provided in (b) of this subsection, any
person, firm, or corporation violating this section is guilty of
a misdemeanor.
(b) A second and each subsequent violation of this section is a gross misdemeanor. [2003 c 53 § 14; 1927 c 222 §
1; RRS § 2637-1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.16.100 Use of the words "sterling silver," etc.
Every person who shall make, sell or offer to sell or dispose
of, or have in his possession with intent to sell or dispose of
any metal article marked, stamped or branded with the words
"sterling," "sterling silver," or "solid silver," unless nine hundred twenty-five one-thousandths of the component parts of
the metal of which such article and all parts thereof is manufactured is pure silver, shall be guilty of a gross misdemeanor. [1909 c 249 § 428; RRS § 2680.]
9.18.080
9.16.120 Use of the word "sterling" on mounting.
Every person who shall make, sell, offer to sell or dispose of,
or have in his possession with intent to sell or dispose of, any
article comprised of leather, shell, ivory, celluloid, pearl,
glass, porcelain, pottery, steel or wood, to which is applied or
attached a metal mounting marked, stamped or branded with
the words "sterling," or "sterling silver," unless nine hundred
twenty-five one-thousandths of the component parts of the
metal of which such metal mounting is manufactured is pure
silver, shall be guilty of a gross misdemeanor. [1909 c 249 §
430; RRS § 2682.]
9.16.120
9.16.130 Use of the words "coin silver" on mounting.
Every person who shall make, sell, offer to sell or dispose of,
or have in his possession with intent to sell or dispose of, any
article comprised of leather, shell, ivory, celluloid, pearl,
glass, porcelain, pottery, steel or wood, to which is applied or
attached a metal mounting marked, stamped or branded with
the words "coin" or "coin silver," unless nine hundred onethousandths of the component parts of the metal of which
such metal mounting is manufactured is pure silver, shall be
guilty of a gross misdemeanor. [1909 c 249 § 431; RRS §
2683.]
9.16.130
9.16.140 Unlawfully marking article made of gold.
Every person who shall make, sell, offer to sell or dispose of,
or have in his possession with intent to sell or dispose of, any
article constructed wholly or in part of gold, or of an alloy of
gold, and marked, stamped or branded in such manner as to
indicate that the gold or alloy of gold in such article is of a
greater degree or carat of fineness, by more than one carat,
than the actual carat or fineness of such gold or alloy of gold,
shall be guilty of a gross misdemeanor. [1909 c 249 § 432;
RRS § 2684.]
9.16.140
9.16.150 "Marked, stamped or branded" defined.
An article shall be deemed to be "marked, stamped or
branded" whenever such article, or any box, package, cover
or wrapper in which the same is enclosed, encased or prepared for sale or delivery, or any card, label or placard with
which the same may be exhibited or displayed, is so marked,
stamped or branded. [1909 c 249 § 433; RRS § 2685.]
9.16.150
9.16.100
9.16.110
9.16.110 Use of words "coin silver," etc. Every person
who shall make, sell or offer to sell or dispose of, or have in
his possession with intent to dispose of any metal article
marked, stamped or branded with the words "coin," or "coin
silver," unless nine hundred one-thousandths of the component parts of the metal of which such article and all parts
thereof is manufactured, is pure silver, shall be guilty of a
gross misdemeanor. [1909 c 249 § 429; RRS § 2681.]
(2010 Ed.)
Chapter 9.18
Chapter 9.18 RCW
BIDDING OFFENSES
(Formerly: Bribery and grafting)
Sections
9.18.080
9.18.120
9.18.130
9.18.150
Offender a competent witness.
Suppression of competitive bidding.
Collusion to prevent competitive bidding—Penalty.
Agreements outside state.
9.18.080 Offender a competent witness. Every person
offending against any of the provisions of law relating to
bribery or corruption shall be a competent witness against
another so offending and shall not be excused from giving
testimony tending to criminate himself. [1909 c 249 § 78;
RRS § 2330. Cf. 1907 c 60 §§ 1, 2; RRS §§ 2149, 2150.]
9.18.080
Bribery and corruption: Chapter 9A.68 RCW.
Incriminating testimony not to be used: RCW 10.52.090.
[Title 9 RCW—page 9]
9.18.120
Title 9 RCW: Crimes and Punishments
Rights of accused persons: State Constitution Art. 1 § 9.
9.18.120 Suppression of competitive bidding. (1)
When any competitive bid or bids are to be or have been
solicited, requested, or advertised for by the state of Washington, or any county, city, town or other municipal corporation therein, or any department of either thereof, for any work
or improvement to be done or constructed for or by such
state, county, city, town, or other municipal corporation, or
any department of either thereof, it shall be unlawful for any
person acting for himself or herself or as agent of another, or
as agent for or as a member of any partnership, unincorporated firm or association, or as an officer or agent of any corporation, to offer, give, or promise to give, any money, check,
draft, property, or other thing of value, to another or to any
firm, association, or corporation for the purpose of inducing
such other person, firm, association, or corporation, either to
refrain from submitting any bids upon such public work or
improvement, or to enter into any agreement, understanding
or arrangement whereby full and unrestricted competition for
the securing of such public work will be suppressed, prevented, or eliminated; and it shall be unlawful for any person
to solicit, accept, or receive any money, check, draft, property, or other thing of value upon a promise or understanding,
express or implied, that he or she individually or as an agent
or officer of another person, persons, or corporation, will
refrain from bidding upon such public work or improvement,
or that he or she will on behalf of himself or herself or such
others submit or permit another to submit for him or her any
bid upon such public work or improvement in such sum as to
eliminate full and unrestricted competition thereon.
(2) A person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 15; 1921 c 12 § 1; RRS § 23331.]
Chapter 9.24 RCW
CORPORATIONS, CRIMES RELATING TO
Chapter 9.24
9.18.120
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.18.130 Collusion to prevent competitive bidding—
Penalty. (1) It shall be unlawful for any person for himself
or herself or as an agent or officer of any other person, persons, or corporation to in any manner enter into collusion or
an understanding with any other person, persons, or corporation to prevent or eliminate full and unrestricted competition
upon any public work or improvement mentioned in RCW
9.18.120.
(2) A person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 16; 1921 c 12 § 2; RRS § 23332.]
9.18.130
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.18.150 Agreements outside state. It shall be no
defense to a prosecution under RCW 9.18.120 through
9.18.150 that a payment or promise of payment of any
money, check, draft, or anything of value, or any other understanding or arrangement to eliminate unrestricted competitive bids was had or made outside of the state of Washington,
if such work or improvement for which bids are called is to be
done or performed within the state. [1921 c 12 § 4; RRS §
2333-4.]
9.18.150
[Title 9 RCW—page 10]
Sections
9.24.010
9.24.020
9.24.030
9.24.040
9.24.050
9.24.060
9.24.070
9.24.080
9.24.090
9.24.100
9.24.125
Fraud in stock subscription.
Fraudulent issue of stock, scrip, etc.
Insolvent bank receiving deposit.
Corporation doing business without license.
False report of corporation.
Warehouseman or carrier refusing to issue receipt.
Fictitious bill of lading or receipt.
Warehouseman or carrier fraudulently mixing goods.
Duplicate receipt.
Bill of lading or receipt must be canceled on redelivery of
property.
Filing false statements—Penalty.
Banks and trust companies, penalties: RCW 30.04.020, 30.04.050,
30.04.060, 30.04.230, 30.04.240, 30.04.260, 30.12.090 through
30.12.120, 30.12.190, 30.16.010, 30.44.110, 30.44.120.
Business corporations: Title 23B RCW.
Child labor: RCW 26.28.060, 26.28.070, chapter 49.12 RCW.
Conspiracy, forfeiture of right to do business: RCW 9A.08.030, 9A.28.040.
Corporations, criminal process against: Chapter 10.01 RCW.
Credit unions, penalties: Chapter 31.12 RCW.
Discrimination in employment: Chapter 49.60 RCW.
Fraud: Chapter 9A.60 RCW.
Hours of labor: Chapter 49.28 RCW.
Industrial welfare: Chapter 49.12 RCW.
Insurance companies, penalties: RCW 48.01.080, 48.06.190, 48.07.060,
48.08.040, 48.08.050, 48.09.340, 48.17.480, 48.18.180, 48.30.110,
48.30.190, 48.30.210 through 48.30.230, 48.44.060.
Labor
conditions of: Chapter 49.12 RCW.
prohibited practices: Chapter 49.44 RCW.
Legal services, advertising of—Penalty: RCW 30.04.260.
Minors, wages, working conditions, permits: RCW 49.12.121, 49.12.123.
Mutual savings banks, penalties: RCW 32.04.100 through 32.04.130,
32.24.080.
Public service companies: Title 80 RCW.
Railroad rolling stock, penalties: RCW 81.60.080.
Savings and loan associations, prohibited acts: Chapter 33.36 RCW.
Trading stamps, penalties: RCW 19.84.040.
Transportation companies: Title 81 RCW.
Unemployment compensation, penalties: Chapter 50.36 RCW.
Uniform Fraudulent Conveyance Act: Chapter 19.40 RCW.
Wages—Payment—Collection: Chapter 49.48 RCW.
Workers’ compensation, penalties: RCW 51.16.140, chapter 51.48 RCW.
9.24.010 Fraud in stock subscription. Every person
who shall sign the name of a fictitious person to any subscription for or any agreement to take stock in any corporation
existing or proposed, and every person who shall sign to any
such subscription or agreement the name of any person,
knowing that such person does not intend in good faith to
comply with the terms thereof, or upon any understanding or
agreement that the terms of such subscription or agreement
are not to be complied with or enforced, shall be guilty of a
gross misdemeanor. [1909 c 249 § 386; RRS § 2638. Formerly RCW 9.44.090.]
9.24.010
9.24.020 Fraudulent issue of stock, scrip, etc. Every
officer, agent or other person in the service of a joint stock
company or corporation, domestic or foreign, who, willfully
and knowingly with intent to defraud:
9.24.020
(2010 Ed.)
Telecommunications Crime
(1) Sells, pledges, or issues, or causes to be sold,
pledged, or issued, or signs or executes, or causes to be
signed or executed, with intent to sell, pledge, or issue, or
cause to be sold, pledged, or issued, any certificate or instrument purporting to be a certificate or evidence of ownership
of any share or shares of such company or corporation, or any
conveyance or encumbrance of real or personal property,
contract, bond, or evidence of debt, or writing purporting to
be a conveyance or encumbrance of real or personal property,
contract, bond or evidence of debt of such company or corporation, without being first duly authorized by such company
or corporation, or contrary to the charter or laws under which
such company or corporation exists, or in excess of the power
of such company or corporation, or of the limit imposed by
law or otherwise upon its power to create or issue stock or
evidence of debt; or,
(2) Reissues, sells, pledges, disposes of, or causes to be
reissued, sold, pledged, or disposed of, any surrendered or
canceled certificate or other evidence of the transfer of ownership of any such share or shares
is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than ten
years, or by a fine of not more than five thousand dollars, or
by both. [2003 c 53 § 17; 1992 c 7 § 5; 1909 c 249 § 387;
RRS § 2639. Formerly RCW 9.37.070.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.26A.090
9.24.050 False report of corporation. Every director,
officer or agent of any corporation or joint stock association,
and every person engaged in organizing or promoting any
enterprise, who shall knowingly make or publish or concur in
making or publishing any written prospectus, report, exhibit
or statement of its affairs or pecuniary condition, containing
any material statement that is false or exaggerated, is guilty
of a class B felony and shall be punished by imprisonment in
a state correctional facility for not more than ten years, or by
a fine of not more than five thousand dollars. [2003 c 53 §
19; 1992 c 7 § 7; 1909 c 249 § 390; RRS § 2642. Formerly
RCW 9.38.040.]
9.24.050
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application to mutual savings banks: RCW 32.04.120.
9.24.060 Warehouseman or carrier refusing to issue
receipt. See RCW 22.32.010.
9.24.060
9.24.070 Fictitious bill of lading or receipt.
RCW 22.32.020.
9.24.070
See
9.24.080 Warehouseman or carrier fraudulently
mixing goods. See RCW 22.32.030.
9.24.080
9.24.090 Duplicate receipt. See RCW 22.32.040.
9.24.090
9.24.100 Bill of lading or receipt must be canceled on
redelivery of property. See RCW 22.32.050.
9.24.100
9.24.030
9.24.030 Insolvent bank receiving deposit. Every
owner, officer, stockholder, agent or employee of any person,
firm, corporation or association engaged, wholly or in part, in
the business of banking or receiving money or negotiable
paper or securities on deposit or in trust, who shall accept or
receive, with or without interest, any deposit, or who shall
consent thereto or connive thereat, when he or she knows or
has good reason to believe that such person, firm, corporation
or association is unsafe or insolvent, is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than ten years, or by a fine of not
more than ten thousand dollars. [2003 c 53 § 18; 1992 c 7 §
6; 1909 c 249 § 388; 1893 c 111 § 1; RRS § 2640. Formerly
RCW 9.45.140.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application to mutual savings banks: RCW 32.04.120.
Receiving deposits by bank after insolvency: State Constitution Art. 12 § 12,
RCW 30.44.120.
9.24.040
9.24.040 Corporation doing business without license.
Every corporation, whether domestic or foreign, and every
person representing or pretending to represent such corporation as an officer, agent or employee thereof, who shall transact, solicit or advertise for any business in this state, before
such corporation shall have obtained from the officer lawfully authorized to issue the same, a certificate that such corporation is authorized to transact business in this state, shall
be guilty of a gross misdemeanor. [1909 c 249 § 389; RRS §
2641. Formerly RCW 9.45.130.]
Application to mutual savings banks: RCW 32.04.120.
(2010 Ed.)
9.24.125 Filing false statements—Penalty. See RCW
43.07.210.
9.24.125
Chapter 9.26A
Chapter 9.26A RCW
TELECOMMUNICATIONS CRIME
(Formerly: Credit cards, crimes relating to)
Sections
9.26A.090
9.26A.100
9.26A.110
9.26A.115
9.26A.120
9.26A.130
9.26A.140
9.26A.900
Telephone company credit cards—Prohibited acts.
Definitions.
Fraud in obtaining telecommunications service—Penalty.
Fraud in obtaining telecommunications service—Use of telecommunications device—Penalty.
Fraud in operating coin-box telephone or other receptacle.
Penalty for manufacture or sale of slugs to be used for coin.
Unauthorized sale or procurement of telephone records—
Penalties—Definitions.
Severability—1990 c 11.
Civil cause of action: RCW 9A.56.268.
Telecommunications crimes: RCW 9A.56.262 through 9A.56.266.
9.26A.090 Telephone company credit cards—Prohibited acts. Every person who sells, rents, lends, gives,
advertises for sale or rental, or publishes the credit card number of an existing, canceled, revoked, expired, or nonexistent
telephone company credit card, or the numbering or coding
that is employed in the issuance of telephone company credit
cards or access devices, with the intent that it be used or with
knowledge or reason to believe that it will be used to avoid
the payment of any lawful charge, shall be guilty of a gross
misdemeanor. [1990 c 11 § 3; 1974 ex.s. c 160 § 1.]
9.26A.090
[Title 9 RCW—page 11]
9.26A.100
Title 9 RCW: Crimes and Punishments
9.26A.100 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Access device" shall have the same meaning as that
contained in RCW 9A.56.010.
(2) "Computer" means an electronic, magnetic, optical,
electrochemical, or other high speed data processing device
performing logical, arithmetic, or storage functions, and
includes any data storage facility or communications facility
directly related to or operating in conjunction with such
device, but does not mean an automated typewriter or typesetter, portable hand held calculator, or other similar device.
(3) "Computer trespass" shall have the same meaning as
that contained in chapter 9A.52 RCW.
(4) "Credit card number" means the card number or coding appearing on a credit card or other form of authorization,
including an identification card or plate issued to a person by
any telecommunications provider that permits the person to
whom it has been issued to obtain telecommunications service on credit. The term includes the number or description of
the card or plate, even if the card or plate itself is not produced at the time the telecommunications service is obtained.
(5) "Publish" means the communication or dissemination of information to any one or more persons: (a) Orally, in
person, or by telephone, radio, or television; (b) in a writing
of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper or magazine article, or
book; or (c) electronically, including by the use of recordings, computer networks, bulletin boards, or other means of
electronic storage and retrieval.
(6) "Telecommunications" shall have the same meaning
as that contained in RCW 80.04.010 and includes telecommunications service that originates, terminates, or both originates and terminates in this state.
(7) "Telecommunications company" shall have the same
meaning as that contained in RCW 80.04.010.
(8) "Telecommunications device" means any operating
procedure or code, instrument, apparatus, or equipment
designed or adapted for a particular use, and which is
intended or can be used in violation of this chapter, and
includes, but is not limited to, computer hardware, software,
and programs; electronic mail system; voice mail system; private branch exchange; or any other means of facilitating telecommunications service.
(9) "Telephone company" means any local exchange
company, as defined in RCW 80.04.010. [1990 c 11 § 1.]
9.26A.100
9.26A.110 Fraud in obtaining telecommunications
service—Penalty. (1) Every person who, with intent to
evade the provisions of any order or rule of the Washington
utilities and transportation commission or of any tariff, price
list, contract, or any other filing lawfully submitted to the
commission by any telephone, telegraph, or telecommunications company, or with intent to defraud, obtains telephone,
telegraph, or telecommunications service from any telephone, telegraph, or telecommunications company through:
(a) The use of a false or fictitious name or telephone number;
(b) the unauthorized use of the name or telephone number of
another; (c) the physical or electronic installation of, rearrangement of, or tampering with any equipment, or use of a
telecommunications device; (d) the commission of computer
9.26A.110
[Title 9 RCW—page 12]
trespass; or (e) any other trick, deceit, or fraudulent device, is
guilty of a misdemeanor.
(2) If the value of the telephone, telegraph, or telecommunications service that any person obtains in violation of
this section during a period of ninety days exceeds fifty dollars in the aggregate, then such person is guilty of a gross
misdemeanor.
(3) If the value of the telephone, telegraph, or telecommunications service that any person obtains in violation of
this section during a period of ninety days exceeds two hundred fifty dollars in the aggregate, then such person is guilty
of a class C felony punishable according to chapter 9A.20
RCW.
(4) For any act that constitutes a violation of both this
section and RCW 9.26A.115 the provisions of RCW
9.26A.115 shall be exclusive. [2003 c 53 § 20; 1990 c 11 § 2;
1981 c 252 § 1; 1977 ex.s. c 42 § 1; 1974 ex.s. c 160 § 2; 1972
ex.s. c 75 § 1; 1955 c 114 § 1. Formerly RCW 9.45.240.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Injunctive relief for violations: RCW 7.40.230.
9.26A.115 Fraud in obtaining telecommunications
service—Use of telecommunications device—Penalty.
Every person is guilty of a class B felony punishable according to chapter 9A.20 RCW who:
(1) Makes, possesses, sells, gives, or otherwise transfers
to another a telecommunications device with intent to use it
or with knowledge or reason to believe it is intended to be
used to avoid any lawful telephone or telegraph toll charge or
to conceal the existence or place of origin or destination of
any telephone or telegraph message; or
(2) Sells, gives, or otherwise transfers to another plans or
instructions for making or assembling a telecommunications
device described in subsection (1) of this section with knowledge or reason to believe that the plans may be used to make
or assemble such device. [2003 c 53 § 21.]
9.26A.115
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.26A.120 Fraud in operating coin-box telephone or
other receptacle. Any person who shall knowingly and wilfully operate, or cause to be operated, or who shall attempt to
operate, or attempt to cause to be operated, [any] coin-box
telephone or other receptacle designed to receive lawful coin
of the United States of America in connection with the sale,
use or enjoyment of property or service, by means of a slug or
any false, counterfeited, mutilated, sweated or foreign coin,
or by any means, method, trick or device whatsoever not lawfully authorized by the owner, lessee, or licensee of such
machine, coin-box telephone or other receptacle designed to
receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service,
any goods, wares, merchandise, gas, electric current, article
of value, or the use or enjoyment of any telephone or telegraph facilities or service without depositing in and surrendering to such machine, coin-box telephone or receptacle
lawful coin of the United States of America to the amount
required therefor by the owner, lessee or licensee of such
machine, coin-box telephone or receptacle, shall be guilty of
9.26A.120
(2010 Ed.)
Interference with Court
a misdemeanor. [1929 c 184 § 1; RRS § 5842-1. Formerly
RCW 9.45.180.]
9.26A.130 Penalty for manufacture or sale of slugs to
be used for coin. Any person who, with intent to cheat or
defraud the owner, lessee, licensee or other person entitled to
the contents of any coin-box telephone or other receptacle,
depository or contrivance, designed to receive lawful coin of
the United States of America in connection with the sale, use
or enjoyment of property or service, or who, knowing or having cause to believe, that the same is intended for unlawful
use, shall manufacture for sale, or sell or give away any slug,
device, or substance whatsoever intended or calculated to be
placed or deposited in any coin-box telephone or other such
receptacle, depository or contrivance, shall be guilty of a misdemeanor. [1929 c 184 § 2; RRS § 5842-2. Formerly RCW
9.45.190.]
9.26A.130
9.26A.140 Unauthorized sale or procurement of telephone records—Penalties—Definitions. (1) A person is
guilty of the unauthorized sale or procurement of telephone
records if the person:
(a) Intentionally sells the telephone record of any resident of this state without the authorization of the customer to
whom the record pertains;
(b) By fraudulent, deceptive, or false means obtains the
telephone record of any resident of this state to whom the
record pertains;
(c) Knowingly purchases the telephone record of any
resident of this state without the authorization of the customer to whom the record pertains; or
(d) Knowingly receives the telephone record of any resident of this state without the authorization of the customer to
whom the record pertains.
(2) This section does not apply to:
(a) Any action by a government agency, or any officer,
employee, or agent of such agency, to obtain telephone
records in connection with the performance of the official
duties of the agency;
(b) A telecommunications company that obtains, uses,
discloses, or permits access to any telephone record, either
directly or indirectly through its agents, that is:
(i) With the lawful consent of the customer or subscriber;
(ii) Authorized by law;
(iii) Necessarily incident to the rendition of the service or
to the protection of the rights or property of the provider of
that service, or to protect users of those services and other
carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; or
(iv) In connection with the sale or transfer of all or part
of its business, or the purchase or acquisition of a portion or
all of a business, or the migration of a customer from one carrier to another.
(3) A violation of subsection (1)(a), (b), or (c) of this section is a class C felony. A violation of subsection (1)(d) of
this section is a gross misdemeanor.
(4) A person who violates this section is subject to legal
action for injunctive relief and either actual damages, including mental pain and suffering, or liquidated damages of five
thousand dollars per violation, whichever is greater. Reason9.26A.140
(2010 Ed.)
Chapter 9.31
able attorneys’ fees and other costs of litigation are also
recoverable.
(5) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Telecommunications company" has the meaning
provided in RCW 9.26A.100 and includes "radio communications service companies" as defined in RCW 80.04.010.
(b) "Telephone record" means information retained by a
telecommunications company that relates to the telephone
number dialed by the customer or the incoming number or
call directed to a customer, or other data related to such calls
typically contained on a customer telephone bill such as the
time the call started and ended, the duration of the call, the
time of day the call was made, and any charges applied.
"Telephone record" does not include any information collected and retained by customers using caller identification or
other similar technologies.
(c) "Procure" means to obtain by any means, whether
electronically, in writing, or in oral form, with or without
consideration. [2006 c 193 § 1.]
9.26A.900 Severability—1990 c 11. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1990 c 11 § 6.]
9.26A.900
Chapter 9.27
Chapter 9.27 RCW
INTERFERENCE WITH COURT
Sections
9.27.015
Interference, obstruction of any court, building, or residence—
Violations.
Disturbing school or school meeting: RCW 28A.635.030.
9.27.015 Interference, obstruction of any court,
building, or residence—Violations. Whoever, interfering
with, obstructing, or impeding the administration of justice,
pickets or parades in or near a building housing a court of the
state of Washington or any political subdivision thereof, or in
or near a building or residence occupied or used by such
judge, juror, witness, or court officer, or uses any sound-truck
or similar device or resorts to any other demonstration in or
near any such building or residence, shall be guilty of a gross
misdemeanor.
Nothing in this section shall interfere with or prevent the
exercise by any court of the state of Washington or any political subdivision thereof of its power to punish for contempt.
[1971 ex.s. c 302 § 16.]
9.27.015
Additional notes found at www.leg.wa.gov
Chapter 9.31
Chapter 9.31 RCW
ESCAPED PRISONER RECAPTURED
(Formerly: Escape)
Sections
9.31.090
Escaped prisoner recaptured.
Escape: RCW 9A.76.110 through 9A.76.130.
Limitation of action against officer for permitting escape: RCW 4.16.110.
Parole-revoked offender as escapee: RCW 9.95.130.
[Title 9 RCW—page 13]
9.31.090
Title 9 RCW: Crimes and Punishments
Prisoners—Correctional institutions: Chapter 9.94 RCW.
9.31.090 Escaped prisoner recaptured. Every person
in custody, under sentence of imprisonment for any crime,
who shall escape from custody, may be recaptured and
imprisoned for a term equal to the unexpired portion of the
original term. [1909 c 249 § 89; RRS § 2341.]
9.31.090
Indeterminate sentences: Chapter 9.95 RCW.
Chapter 9.35
Chapter 9.35 RCW
IDENTITY CRIMES
Sections
9.35.001
9.35.005
9.35.010
9.35.020
9.35.030
9.35.040
9.35.050
9.35.800
9.35.900
9.35.901
9.35.902
Findings—Intent.
Definitions.
Improperly obtaining financial information.
Identity theft.
Soliciting undesired mail.
Information available to victim.
Incident reports.
Application of Consumer Protection Act.
Effective date—1999 c 368.
Captions not law—1999 c 368.
Severability—1999 c 368.
Block of information appearing as result of identity theft: RCW 19.182.160.
9.35.001 Findings—Intent. The legislature finds that
means of identification and financial information are personal and sensitive information such that if unlawfully
obtained, possessed, used, or transferred by others may result
in significant harm to a person’s privacy, financial security,
and other interests. The legislature finds that unscrupulous
persons find ever more clever ways, including identity theft,
to improperly obtain, possess, use, and transfer another person’s means of identification or financial information. The
legislature intends to penalize for each unlawful act of
improperly obtaining, possessing, using, or transferring
means of identification or financial information of an individual person. The unit of prosecution for identity theft by use
of a means of identification or financial information is each
individual unlawful use of any one person’s means of identification or financial information. Unlawfully obtaining, possessing, or transferring each means of identification or financial information of any individual person, with the requisite
intent, is a separate unit of prosecution for each victim and for
each act of obtaining, possessing, or transferring of the individual person’s means of identification or financial information. [2008 c 207 § 3; 1999 c 368 § 1.]
9.35.001
Finding—Intent—2008 c 207 §§ 3 and 4: "The legislature enacts sections 3 and 4 of this act to expressly reject the interpretation of State v.
Leyda, 157 Wn.2d 335, 138 P.3d 610 (2006), which holds that the unit of
prosecution in identity theft is any one act of either knowingly obtaining,
possessing, using, or transferring a single piece of another’s identification or
financial information, including all subsequent proscribed conduct with that
single piece of identification or financial information, when the acts are
taken with the requisite intent. The legislature finds that proportionality of
punishment requires the need for charging and punishing for obtaining,
using, possessing, or transferring any individual person’s identification or
financial information, with the requisite intent. The legislature specifically
intends that each individual who obtains, possesses, uses, or transfers any
individual person’s identification or financial information, with the requisite
intent, be classified separately and punished separately as provided in chapter 9.94A RCW." [2008 c 207 § 1.]
[Title 9 RCW—page 14]
9.35.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Financial information" means any of the following
information identifiable to the individual that concerns the
amount and conditions of an individual’s assets, liabilities, or
credit:
(a) Account numbers and balances;
(b) Transactional information concerning an account;
and
(c) Codes, passwords, social security numbers, tax identification numbers, driver’s license or permit numbers, state
identicard numbers issued by the department of licensing,
and other information held for the purpose of account access
or transaction initiation.
(2) "Financial information repository" means a person
engaged in the business of providing services to customers
who have a credit, deposit, trust, stock, or other financial
account or relationship with the person.
(3) "Means of identification" means information or an
item that is not describing finances or credit but is personal to
or identifiable with an individual or other person, including:
A current or former name of the person, telephone number,
an electronic address, or identifier of the individual or a
member of his or her family, including the ancestor of the
person; information relating to a change in name, address,
telephone number, or electronic address or identifier of the
individual or his or her family; a social security, driver’s
license, or tax identification number of the individual or a
member of his or her family; and other information that could
be used to identify the person, including unique biometric
data.
(4) "Person" means a person as defined in RCW
9A.04.110.
(5) "Victim" means a person whose means of identification or financial information has been used or transferred
with the intent to commit, or to aid or abet, any unlawful
activity. [2001 c 217 § 1.]
9.35.005
Captions not law—2001 c 217: "Captions used in this act are not any
part of the law." [2001 c 217 § 14.]
9.35.010 Improperly obtaining financial information. (1) No person may obtain or attempt to obtain, or cause
to be disclosed or attempt to cause to be disclosed to any person, financial information from a financial information
repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association:
(a) By knowingly making a false, fictitious, or fraudulent
statement or representation to an officer, employee, or agent
of a financial information repository with the intent to
deceive the officer, employee, or agent into relying on that
statement or representation for purposes of releasing the
financial information;
(b) By knowingly making a false, fictitious, or fraudulent
statement or representation to a customer of a financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association
with the intent to deceive the customer into releasing financial information or authorizing the release of such information;
9.35.010
(2010 Ed.)
Identity Crimes
(c) By knowingly providing any document to an officer,
employee, or agent of a financial information repository,
financial services provider, merchant, corporation, trust, partnership, or unincorporated association, knowing that the document is forged, counterfeit, lost, or stolen; was fraudulently
obtained; or contains a false, fictitious, or fraudulent statement or representation, if the document is provided with the
intent to deceive the officer, employee, or agent to release the
financial information.
(2) No person may request another person to obtain
financial information from a financial information repository,
financial services provider, merchant, corporation, trust, partnership, or unincorporated association and knows or should
have known that the person will obtain or attempt to obtain
the information from the financial institution repository,
financial services provider, merchant, corporation, trust, partnership, or unincorporated association in any manner
described in subsection (1) of this section.
(3) No provision of this section shall be construed so as
to prevent any action by a law enforcement agency, or any
officer, employee, or agent of such agency, or any action of
an agent of the financial information repository, financial services provider, merchant, corporation, trust, partnership, or
unincorporated association when working in conjunction
with a law enforcement agency.
(4) This section does not apply to:
(a) Efforts by the financial information repository to test
security procedures or systems of the financial institution
repository for maintaining the confidentiality of customer
information;
(b) Investigation of alleged employee misconduct or
negligence; or
(c) Efforts to recover financial or personal information of
the financial institution obtained or received by another person in any manner described in subsection (1) or (2) of this
section.
(5) Violation of this section is a class C felony.
(6) A person who violates this section is liable for five
hundred dollars or actual damages, whichever is greater, and
reasonable attorneys’ fees. [2001 c 217 § 8; 1999 c 368 § 2.]
Captions not law—2001 c 217: See note following RCW 9.35.005.
9.35.020 Identity theft. (1) No person may knowingly
obtain, possess, use, or transfer a means of identification or
financial information of another person, living or dead, with
the intent to commit, or to aid or abet, any crime.
(2) Violation of this section when the accused or an
accomplice violates subsection (1) of this section and obtains
credit, money, goods, services, or anything else of value in
excess of one thousand five hundred dollars in value shall
constitute identity theft in the first degree. Identity theft in
the first degree is a class B felony punishable according to
chapter 9A.20 RCW.
(3) A person is guilty of identity theft in the second
degree when he or she violates subsection (1) of this section
under circumstances not amounting to identity theft in the
first degree. Identity theft in the second degree is a class C
felony punishable according to chapter 9A.20 RCW.
(4) Each crime prosecuted under this section shall be
punished separately under chapter 9.94A RCW, unless it is
9.35.020
(2010 Ed.)
9.35.030
the same criminal conduct as any other crime, under RCW
9.94A.589.
(5) Whenever any series of transactions involving a single person’s means of identification or financial information
which constitute identity theft would, when considered separately, constitute identity theft in the second degree because
of value, and the series of transactions are a part of a common
scheme or plan, then the transactions may be aggregated in
one count and the sum of the value of all of the transactions
shall be the value considered in determining the degree of
identity theft involved.
(6) Every person who, in the commission of identity
theft, shall commit any other crime may be punished therefor
as well as for the identity theft, and may be prosecuted for
each crime separately.
(7) A person who violates this section is liable for civil
damages of one thousand dollars or actual damages, whichever is greater, including costs to repair the victim’s credit
record, and reasonable attorneys’ fees as determined by the
court.
(8) In a proceeding under this section, the crime will be
considered to have been committed in any locality where the
person whose means of identification or financial information was appropriated resides, or in which any part of the
offense took place, regardless of whether the defendant was
ever actually in that locality.
(9) The provisions of this section do not apply to any person who obtains another person’s driver’s license or other
form of identification for the sole purpose of misrepresenting
his or her age.
(10) In a proceeding under this section in which a person’s means of identification or financial information was
used without that person’s authorization, and when there has
been a conviction, the sentencing court may issue such orders
as are necessary to correct a public record that contains false
information resulting from a violation of this section. [2008
c 207 § 4; 2004 c 273 § 2; 2003 c 53 § 22; 2001 c 217 § 9;
1999 c 368 § 3.]
Finding—Intent—2008 c 207 §§ 3 and 4: See note following RCW
9.35.001.
Finding—Purpose—2004 c 273: "The legislature finds that identity
theft and the other types of fraud is a significant problem in the state of
Washington, costing our citizens and businesses millions each year. The
most common method of accomplishing identity theft and other fraudulent
activity is by securing a fraudulently issued driver’s license. It is the purpose
of this act to significantly reduce identity theft and other fraud by preventing
the fraudulent issuance of driver’s licenses and identicards." [2004 c 273 §
1.]
Effective date—2004 c 273: "This act takes effect July 1, 2004." [2004
c 273 § 5.]
Captions not law—2001 c 217: See note following RCW 9.35.005.
9.35.030 Soliciting undesired mail. (1) It is unlawful
for any person to knowingly use a means of identification or
financial information of another person to solicit undesired
mail with the intent to annoy, harass, intimidate, torment, or
embarrass that person.
(2) Violation of this section is a misdemeanor.
(3) Additionally, a person who violates this section is liable for civil damages of five hundred dollars or actual damages, including costs to repair the person’s credit record,
9.35.030
[Title 9 RCW—page 15]
9.35.040
Title 9 RCW: Crimes and Punishments
whichever is greater, and reasonable attorneys’ fees as determined by the court. [2001 c 217 § 10; 2000 c 77 § 1.]
Captions not law—2001 c 217: See note following RCW 9.35.005.
9.35.040 Information available to victim. (1) A person, financial information repository, financial service provider, merchant, corporation, trust, partnership, or unincorporated association possessing information relating to an actual
or potential violation of this chapter, and who may have
entered into a transaction, provided credit, products, goods,
or services, accepted payment, or otherwise done business
with a person who has used the victim’s means of identification, must, upon written request of the victim, provide copies
of all relevant application and transaction information related
to the transaction being alleged as a potential or actual violation of this chapter. Nothing in this section requires the information provider to disclose information that it is otherwise
prohibited from disclosing by law, except that a law that prohibits disclosing a person’s information to third parties shall
not be used to deny disclosure of such information to the victim under this section.
(2) Unless the information provider is otherwise willing
to verify the victim’s identification, the victim shall provide
the following as proof of positive identification:
(a) The showing of a government-issued photo identification card or, if providing proof by mail, a copy of a government-issued photo identification card;
(b) A copy of a filed police report evidencing the victim’s claim; and
(c) A written statement from the state patrol showing that
the state patrol has on file documentation of the victim’s
identity pursuant to the personal identification procedures in
RCW 43.43.760.
(3) The provider may require compensation for the reasonable cost of providing the information requested.
(4) No person, financial information repository, financial
service provider, merchant, corporation, trust, partnership, or
unincorporated association may be held liable for an action
taken in good faith to provide information regarding potential
or actual violations of this chapter to other financial information repositories, financial service providers, merchants, law
enforcement authorities, victims, or any persons alleging to
be a victim who comply with subsection (2) of this section
which evidences the alleged victim’s claim for the purpose of
identification and prosecution of violators of this chapter, or
to assist a victim in recovery of fines, restitution, rehabilitation of the victim’s credit, or such other relief as may be
appropriate.
(5) A person, financial information repository, financial
service provider, merchant, corporation, trust, partnership, or
unincorporated association may decline to provide information pursuant to this section when, in the exercise of good
faith and reasonable judgment, it believes this section does
not require disclosure of the information.
(6) Nothing in this section creates an obligation on the
part of a person, financial information repository, financial
services provider, merchant, corporation, trust, partnership,
or unincorporated association to retain or maintain information or records that they are not otherwise required to retain
or maintain in the ordinary course of its business.
9.35.040
[Title 9 RCW—page 16]
(7) The legislature finds that the practices covered by
this section are matters vitally affecting the public interest for
the purpose of applying the Consumer Protection Act, chapter 19.86 RCW. Violations of this section are not reasonable
in relation to the development and preservation of business. It
is an unfair or deceptive act in trade or commerce and an
unfair method of competition for the purpose of applying the
Consumer Protection Act, chapter 19.86 RCW. The burden
of proof in an action alleging a violation of this section shall
be by a preponderance of the evidence, and the applicable
statute of limitation shall be as set forth in RCW 19.182.120.
For purposes of a judgment awarded pursuant to an action by
a consumer under chapter 19.86 RCW, the consumer shall be
awarded actual damages. However, where there has been
willful failure to comply with any requirement imposed
under this section, the consumer shall be awarded actual
damages, a monetary penalty of one thousand dollars, and the
costs of the action together with reasonable attorneys’ fees as
determined by the court. [2001 c 217 § 2.]
Captions not law—2001 c 217: See note following RCW 9.35.005.
9.35.050 Incident reports. (1) A person who has
learned or reasonably suspects that his or her financial information or means of identification has been unlawfully
obtained, used by, or disclosed to another, as described in this
chapter, may file an incident report with a law enforcement
agency, by contacting the local law enforcement agency that
has jurisdiction over his or her actual residence, place of business, or place where the crime occurred. The law enforcement agency shall create a police incident report of the matter
and provide the complainant with a copy of that report, and
may refer the incident report to another law enforcement
agency.
(2) Nothing in this section shall be construed to require a
law enforcement agency to investigate reports claiming identity theft. An incident report filed under this section is not
required to be counted as an open case for purposes of compiling open case statistics. [2008 c 207 § 2.]
9.35.050
9.35.800 Application of Consumer Protection Act.
The legislature finds that the practices covered by RCW
9.35.010 and 9.35.020 are matters vitally affecting the public
interest for the purpose of applying the Consumer Protection
Act, chapter 19.86 RCW. Violations of RCW 9.35.010 or
9.35.020 are not reasonable in relation to the development
and preservation of business. A violation of RCW 9.35.010
or 9.35.020 is an unfair or deceptive act in trade or commerce
and an unfair method of competition for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW.
Nothing in RCW 9.35.010 or 9.35.020 limits a victim’s
ability to receive treble damages under RCW 19.86.090.
[2001 c 217 § 7.]
9.35.800
Captions not law—2001 c 217: See note following RCW 9.35.005.
9.35.900 Effective date—1999 c 368. This act takes
effect January 1, 2000. [1999 c 368 § 4.]
9.35.900
9.35.901 Captions not law—1999 c 368. Captions
used in this chapter are not part of the law. [1999 c 368 § 5.]
9.35.901
(2010 Ed.)
False Representations
9.35.902 Severability—1999 c 368. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1999 c 368 § 6.]
9.35.902
Chapter 9.38
Chapter 9.38 RCW
FALSE REPRESENTATIONS
Sections
9.38.010
9.38.015
9.38.020
9.38.060
False representation concerning credit.
False statement by deposit account applicant.
False representation concerning title.
Digital signature violations.
Domestic insurers, corrupt practices: RCW 48.06.190.
Elections
falsification by voters: Chapter 29A.84 RCW.
initiative and referendum petitions: RCW 29A.84.230.
recall petitions: Chapter 29A.56 RCW.
Employment, obtaining by false recommendation: RCW 49.44.040.
9.40.100
guilty of a gross misdemeanor. [2000 c 250 § 9A-821; 1909
c 249 § 369; RRS § 2621.]
Effective date—2000 c 250: See RCW 62A.9A-701.
9.38.060 Digital signature violations. (1) A person
shall not knowingly misrepresent the person’s identity or
authorization to obtain a public key certificate used to reference a private key for creating a digital signature.
(2) A person shall not knowingly forge a digital signature as defined in RCW 19.34.020(16).
(3) A person shall not knowingly present a public key
certificate for which the person is not the owner of the corresponding private key in order to obtain unauthorized access
to information or engage in an unauthorized transaction.
(4) The definitions in RCW 19.34.020 apply to this section.
(5) A person who violates this section is guilty of a class
C felony punishable under chapter 9A.20 RCW. [2001 c 39
§ 1.]
9.38.060
Food, drugs, and cosmetics: Chapter 69.04 RCW.
Fraud: Chapter 9A.60 RCW.
Chapter 9.40
Honey act, falsification: RCW 69.28.180.
Insurance, unfair practices: Chapter 48.30 RCW.
Liquor permit falsification: RCW 66.20.200.
Marriage affidavit: RCW 26.04.210.
Motor vehicles, certificates of ownership: RCW 46.12.210, 46.12.220.
Sections
9.40.040
9.40.100
Pharmacy licensing: RCW 18.64.250.
9.40.105
Public assistance falsification: RCW 74.08.055.
9.40.110
9.40.120
9.40.130
Warehouse receipts and documents, falsifying: Chapter 22.32 RCW.
9.38.010 False representation concerning credit.
Every person who, with intent thereby to obtain credit or
financial rating, shall wilfully make any false statement in
writing of his assets or liabilities to any person with whom he
may be either actually or prospectively engaged in any business transaction or to any commercial agency or other person
engaged in the business of collecting or disseminating information concerning financial or commercial ratings, shall be
guilty of a misdemeanor. [1909 c 249 § 368; RRS § 2620.]
9.38.010
9.38.015 False statement by deposit account applicant. (1) It is a gross misdemeanor for a deposit account
applicant to knowingly make any false statement to a financial institution regarding:
(a) The applicant’s identity;
(b) Past convictions for crimes involving fraud or deception; or
(c) Outstanding judgments on checks or drafts issued by
the applicant.
(2) Each violation of subsection (1) of this section after
the third violation is a class C felony punishable as provided
in chapter 9A.20 RCW. [1995 c 186 § 4.]
Chapter 9.40 RCW
FIRE, CRIMES RELATING TO
Operating engine or boiler without spark arrester.
Tampering with fire alarm or firefighting equipment—False
alarm—Penalties.
Tampering with fire alarm or firefighting equipment—Intent
to commit arson—Penalty.
Incendiary devices—Definitions.
Incendiary devices—Penalty.
Incendiary devices—Exceptions.
Arson: Chapter 9A.48 RCW.
Burning without permit in fire protection district—Penalty: RCW
52.12.101, 52.12.105.
County fire regulations: RCW 36.43.040.
Doors of buildings used by public: RCW 70.54.070.
Explosives, crimes relating to: Chapter 70.74 RCW.
Forest fire protection: Chapter 76.04 RCW.
Fraudulent destruction of insured property: RCW 48.30.220.
Special rights of action: Chapter 4.24 RCW.
State parks, fire violations: RCW 79A.05.165.
9.38.015
Additional notes found at www.leg.wa.gov
9.38.020 False representation concerning title. Every
person who shall maliciously or fraudulently execute or file
for record any instrument, or put forward any claim, by which
the right or title of another to any real or personal property is,
or purports to be transferred, encumbered or clouded, shall be
9.38.020
(2010 Ed.)
9.40.040 Operating engine or boiler without spark
arrester. Every person who shall operate or permit to be
operated in dangerous proximity to any brush, grass or other
inflammable material, any spark-emitting engine or boiler
which is not equipped with a modern spark-arrester, in good
condition, shall be guilty of a misdemeanor. [1929 c 172 § 1;
1909 c 249 § 272; RRS § 2524.]
9.40.040
9.40.100 Tampering with fire alarm or firefighting
equipment—False alarm—Penalties. Any person who
willfully and without cause tampers with, molests, injures or
breaks any public or private fire alarm apparatus, emergency
phone, radio, or other wire or signal, or any firefighting
equipment, or who willfully and without having reasonable
grounds for believing a fire exists, sends, gives, transmits, or
sounds any false alarm of fire, by shouting in a public place
or by means of any public or private fire alarm system or signal, or by telephone, is guilty of a misdemeanor. This provi9.40.100
[Title 9 RCW—page 17]
9.40.105
Title 9 RCW: Crimes and Punishments
sion shall not prohibit the testing of fire alarm systems by
persons authorized to do so, by a fire department or the chief
of the Washington state patrol, through the director of fire
protection. [2003 c 53 § 23; 1995 c 369 § 3; 1990 c 177 § 1;
1986 c 266 § 80; 1967 c 204 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
9.40.105 Tampering with fire alarm or firefighting
equipment—Intent to commit arson—Penalty. Any person who willfully and without cause tampers with, molests,
injures, or breaks any public or private fire alarm apparatus,
emergency phone, radio, or other wire or signal, or any firefighting equipment with the intent to commit arson, is guilty
of a class B felony punishable according to chapter 9A.20
RCW. [2003 c 53 § 24.]
9.40.105
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.40.110 Incendiary devices—Definitions. For the
purposes of RCW 9.40.110 through 9.40.130, as now or hereafter amended, unless the context indicates otherwise:
(1) "Disposes of" means to give, give away, loan, offer,
offer for sale, sell, or transfer.
(2) "Incendiary device" means any material, substance,
device, or combination thereof which is capable of supplying
the initial ignition and/or fuel for a fire and is designed to be
used as an instrument of wilful destruction. However, no
device commercially manufactured primarily for the purpose
of illumination shall be deemed to be an incendiary device for
purposes of this section. [1971 ex.s. c 302 § 3; 1969 ex.s. c
79 § 2.]
9.40.110
Additional notes found at www.leg.wa.gov
9.40.120 Incendiary devices—Penalty. Every person
who possesses, manufactures, or disposes of an incendiary
device knowing it to be such is guilty of a class B felony punishable according to chapter 9A.20 RCW, and upon conviction, shall be punished by imprisonment in a state prison for
a term of not more than ten years. [2003 c 53 § 25; 1999 c
352 § 5; 1971 ex.s. c 302 § 4; 1969 ex.s. c 79 § 3.]
9.40.120
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
9.40.130 Incendiary devices—Exceptions. RCW
9.40.120, as now or hereafter amended, shall not prohibit the
authorized use or possession of any material, substance, or
device described therein by a member of the armed forces of
the United States or by firefighters, or peace officers, nor
shall these sections prohibit the use or possession of any
material, substance, or device described therein when used
solely for scientific research or educational purposes or for
any lawful purpose. RCW 9.40.120, as now or hereafter
amended, shall not prohibit the manufacture or disposal of an
incendiary device for the parties or purposes described in this
section. [2007 c 218 § 62; 1971 ex.s. c 302 § 5; 1969 ex.s. c
79 § 4.]
9.40.130
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
[Title 9 RCW—page 18]
Additional notes found at www.leg.wa.gov
Chapter 9.41 RCW
FIREARMS AND DANGEROUS WEAPONS
Chapter 9.41
Sections
9.41.010
9.41.040
9.41.042
9.41.045
9.41.047
9.41.050
9.41.060
9.41.070
9.41.073
9.41.075
9.41.080
9.41.090
9.41.094
9.41.097
9.41.0975
9.41.098
9.41.100
9.41.110
9.41.120
9.41.122
9.41.124
9.41.129
9.41.135
9.41.140
9.41.171
9.41.173
9.41.175
9.41.185
9.41.190
9.41.220
9.41.225
9.41.230
9.41.240
9.41.250
9.41.260
9.41.270
9.41.280
9.41.290
9.41.300
9.41.310
9.41.320
9.41.800
9.41.810
Terms defined.
Unlawful possession of firearms—Ownership, possession by
certain persons—Penalties.
Children—Permissible firearm possession.
Possession by offenders.
Restoration of possession rights.
Carrying firearms.
Exceptions to restrictions on carrying firearms.
Concealed pistol license—Application—Fee—Renewal.
Concealed pistol license—Reciprocity.
Concealed pistol license—Revocation.
Delivery to ineligible persons.
Dealer deliveries regulated—Hold on delivery.
Waiver of confidentiality.
Supplying information on persons purchasing pistols or applying for concealed pistol licenses.
Officials and agencies—Immunity, writ of mandamus.
Forfeiture of firearms—Disposition—Confiscation.
Dealer licensing and registration required.
Dealer’s licenses, by whom granted, conditions, fees—
Employees, fingerprinting and background checks—Wholesale sales excepted—Permits prohibited.
Firearms as loan security.
Out-of-state purchasing.
Purchasing by nonresidents.
Recordkeeping requirements.
Verification of licenses and registration—Notice to federal
government.
Alteration of identifying marks—Exceptions.
Alien possession of firearms—Requirements—Penalty.
Alien possession of firearms—Alien firearm license—Political subdivisions may not modify requirements—Penalty for
false statement.
Alien possession of firearms—Possession without license—
Conditions.
Coyote getters.
Unlawful firearms—Exceptions.
Unlawful firearms and parts contraband.
Use of machine gun in felony—Penalty.
Aiming or discharging firearms, dangerous weapons.
Possession of pistol by person from eighteen to twenty-one.
Dangerous weapons—Penalty—Exemption for law enforcement officers.
Dangerous exhibitions.
Weapons apparently capable of producing bodily harm—
Unlawful carrying or handling—Penalty—Exceptions.
Possessing dangerous weapons on school facilities—Penalty—Exceptions.
State preemption.
Weapons prohibited in certain places—Local laws and ordinances—Exceptions—Penalty.
Information pamphlet.
Fireworks.
Surrender of weapons or licenses—Prohibition on future possession or licensing.
Penalty.
Carrying loaded firearm in vehicle: RCW 77.15.460.
Explosives: Chapter 70.74 RCW.
Possessing a stolen firearm: RCW 9A.56.310.
Shooting firearm from, across, or along public highway: RCW 77.15.460.
Theft of a firearm: RCW 9A.56.300.
9.41.010 Terms defined. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Antique firearm" means a firearm or replica of a
firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and
manufactured in or before 1898, including any matchlock,
9.41.010
(2010 Ed.)
Firearms and Dangerous Weapons
flintlock, percussion cap, or similar type of ignition system
and also any firearm using fixed ammunition manufactured
in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in
the ordinary channels of commercial trade.
(2) "Barrel length" means the distance from the bolt face
of a closed action down the length of the axis of the bore to
the crown of the muzzle, or in the case of a barrel with attachments to the end of any legal device permanently attached to
the end of the muzzle.
(3) "Crime of violence" means:
(a) Any of the following felonies, as now existing or
hereafter amended: Any felony defined under any law as a
class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A
felony, manslaughter in the first degree, manslaughter in the
second degree, indecent liberties if committed by forcible
compulsion, kidnapping in the second degree, arson in the
second degree, assault in the second degree, assault of a child
in the second degree, extortion in the first degree, burglary in
the second degree, residential burglary, and robbery in the
second degree;
(b) Any conviction for a felony offense in effect at any
time prior to June 6, 1996, which is comparable to a felony
classified as a crime of violence in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense
comparable to a felony classified as a crime of violence under
(a) or (b) of this subsection.
(4) "Dealer" means a person engaged in the business of
selling firearms at wholesale or retail who has, or is required
to have, a federal firearms license under 18 U.S.C. Sec.
923(a). A person who does not have, and is not required to
have, a federal firearms license under 18 U.S.C. Sec. 923(a),
is not a dealer if that person makes only occasional sales,
exchanges, or purchases of firearms for the enhancement of a
personal collection or for a hobby, or sells all or part of his or
her personal collection of firearms.
(5) "Family or household member" means "family" or
"household member" as used in RCW 10.99.020.
(6) "Felony" means any felony offense under the laws of
this state or any federal or out-of-state offense comparable to
a felony offense under the laws of this state.
(7) "Firearm" means a weapon or device from which a
projectile or projectiles may be fired by an explosive such as
gunpowder.
(8) "Law enforcement officer" includes a general authority Washington peace officer as defined in RCW 10.93.020,
or a specially commissioned Washington peace officer as
defined in RCW 10.93.020. "Law enforcement officer" also
includes a limited authority Washington peace officer as
defined in RCW 10.93.020 if such officer is duly authorized
by his or her employer to carry a concealed pistol.
(9) "Lawful permanent resident" has the same meaning
afforded a person "lawfully admitted for permanent residence" in 8 U.S.C. Sec. 1101(a)(20).
(10) "Loaded" means:
(a) There is a cartridge in the chamber of the firearm;
(b) Cartridges are in a clip that is locked in place in the
firearm;
(c) There is a cartridge in the cylinder of the firearm, if
the firearm is a revolver;
(2010 Ed.)
9.41.010
(d) There is a cartridge in the tube or magazine that is
inserted in the action; or
(e) There is a ball in the barrel and the firearm is capped
or primed if the firearm is a muzzle loader.
(11) "Machine gun" means any firearm known as a
machine gun, mechanical rifle, submachine gun, or any other
mechanism or instrument not requiring that the trigger be
pressed for each shot and having a reservoir clip, disc, drum,
belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the
firearm, mechanism, or instrument, and fired therefrom at the
rate of five or more shots per second.
(12) "Nonimmigrant alien" means a person defined as
such in 8 U.S.C. Sec. 1101(a)(15).
(13) "Pistol" means any firearm with a barrel less than
sixteen inches in length, or is designed to be held and fired by
the use of a single hand.
(14) "Rifle" means a weapon designed or redesigned,
made or remade, and intended to be fired from the shoulder
and designed or redesigned, made or remade, and intended to
use the energy of the explosive in a fixed metallic cartridge to
fire only a single projectile through a rifled bore for each single pull of the trigger.
(15) "Sell" refers to the actual approval of the delivery of
a firearm in consideration of payment or promise of payment
of a certain price in money.
(16) "Serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:
(a) Any crime of violence;
(b) Any felony violation of the uniform controlled substances act, chapter 69.50 RCW, that is classified as a class B
felony or that has a maximum term of imprisonment of at
least ten years;
(c) Child molestation in the second degree;
(d) Incest when committed against a child under age
fourteen;
(e) Indecent liberties;
(f) Leading organized crime;
(g) Promoting prostitution in the first degree;
(h) Rape in the third degree;
(i) Drive-by shooting;
(j) Sexual exploitation;
(k) Vehicular assault, when caused by the operation or
driving of a vehicle by a person while under the influence of
intoxicating liquor or any drug or by the operation or driving
of a vehicle in a reckless manner;
(l) Vehicular homicide, when proximately caused by the
driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW
46.61.502, or by the operation of any vehicle in a reckless
manner;
(m) Any other class B felony offense with a finding of
sexual motivation, as "sexual motivation" is defined under
RCW 9.94A.030;
(n) Any other felony with a deadly weapon verdict under
*RCW 9.94A.602; or
(o) Any felony offense in effect at any time prior to June
6, 1996, that is comparable to a serious offense, or any federal
or out-of-state conviction for an offense that under the laws
of this state would be a felony classified as a serious offense.
[Title 9 RCW—page 19]
9.41.040
Title 9 RCW: Crimes and Punishments
(17) "Short-barreled rifle" means a rifle having one or
more barrels less than sixteen inches in length and any
weapon made from a rifle by any means of modification if
such modified weapon has an overall length of less than
twenty-six inches.
(18) "Short-barreled shotgun" means a shotgun having
one or more barrels less than eighteen inches in length and
any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less
than twenty-six inches.
(19) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to
be fired from the shoulder and designed or redesigned, made
or remade, and intended to use the energy of the explosive in
a fixed shotgun shell to fire through a smooth bore either a
number of ball shot or a single projectile for each single pull
of the trigger. [2009 c 216 § 1; 2001 c 300 § 2; 1997 c 338 §
46; 1996 c 295 § 1. Prior: 1994 sp.s. c 7 § 401; 1994 c 121 §
1; prior: 1992 c 205 § 117; 1992 c 145 § 5; 1983 c 232 § 1;
1971 ex.s. c 302 § 1; 1961 c 124 § 1; 1935 c 172 § 1; RRS §
2516-1.]
Reviser’s note: *(1) RCW 9.94A.602 was recodified as RCW
9.94A.825 pursuant to 2009 c 28 § 41.
(2) The definitions in this section have been alphabetized pursuant to
RCW 1.08.015(2)(k).
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.040 Unlawful possession of firearms—Ownership, possession by certain persons—Penalties. (1)(a) A
person, whether an adult or juvenile, is guilty of the crime of
unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her
control any firearm after having previously been convicted or
found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter.
(b) Unlawful possession of a firearm in the first degree is
a class B felony punishable according to chapter 9A.20
RCW.
(2)(a) A person, whether an adult or juvenile, is guilty of
the crime of unlawful possession of a firearm in the second
degree, if the person does not qualify under subsection (1) of
this section for the crime of unlawful possession of a firearm
in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:
(i) After having previously been convicted or found not
guilty by reason of insanity in this state or elsewhere of any
felony not specifically listed as prohibiting firearm possession under subsection (1) of this section, or any of the following crimes when committed by one family or household
member against another, committed on or after July 1, 1993:
Assault in the fourth degree, coercion, stalking, reckless
endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact
order restraining the person or excluding the person from a
residence (RCW 26.50.060, 26.50.070, 26.50.130, or
10.99.040);
9.41.040
[Title 9 RCW—page 20]
(ii) After having previously been involuntarily committed for mental health treatment under RCW 71.05.240,
71.05.320, 71.34.740, 71.34.750, chapter 10.77 RCW, or
equivalent statutes of another jurisdiction, unless his or her
right to possess a firearm has been restored as provided in
RCW 9.41.047;
(iii) If the person is under eighteen years of age, except
as provided in RCW 9.41.042; and/or
(iv) If the person is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious
offense as defined in RCW 9.41.010.
(b) Unlawful possession of a firearm in the second
degree is a class C felony punishable according to chapter
9A.20 RCW.
(3) Notwithstanding RCW 9.41.047 or any other provisions of law, as used in this chapter, a person has been "convicted", whether in an adult court or adjudicated in a juvenile
court, at such time as a plea of guilty has been accepted, or a
verdict of guilty has been filed, notwithstanding the pendency
of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions,
and appeals. Conviction includes a dismissal entered after a
period of probation, suspension or deferral of sentence, and
also includes equivalent dispositions by courts in jurisdictions other than Washington state. A person shall not be precluded from possession of a firearm if the conviction has
been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of
the rehabilitation of the person convicted or the conviction or
disposition has been the subject of a pardon, annulment, or
other equivalent procedure based on a finding of innocence.
Where no record of the court’s disposition of the charges can
be found, there shall be a rebuttable presumption that the person was not convicted of the charge.
(4) Notwithstanding subsection (1) or (2) of this section,
a person convicted or found not guilty by reason of insanity
of an offense prohibiting the possession of a firearm under
this section other than murder, manslaughter, robbery, rape,
indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances
under RCW 69.50.401 and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a
dismissal of the charge under RCW 9.95.240, shall not be
precluded from possession of a firearm as a result of the conviction or finding of not guilty by reason of insanity. Notwithstanding any other provisions of this section, if a person
is prohibited from possession of a firearm under subsection
(1) or (2) of this section and has not previously been convicted or found not guilty by reason of insanity of a sex
offense prohibiting firearm ownership under subsection (1)
or (2) of this section and/or any felony defined under any law
as a class A felony or with a maximum sentence of at least
twenty years, or both, the individual may petition a court of
record to have his or her right to possess a firearm restored:
(a) Under RCW 9.41.047; and/or
(b)(i) If the conviction or finding of not guilty by reason
of insanity was for a felony offense, after five or more consecutive years in the community without being convicted or
found not guilty by reason of insanity or currently charged
with any felony, gross misdemeanor, or misdemeanor crimes,
if the individual has no prior felony convictions that prohibit
(2010 Ed.)
Firearms and Dangerous Weapons
the possession of a firearm counted as part of the offender
score under RCW 9.94A.525; or
(ii) If the conviction or finding of not guilty by reason of
insanity was for a nonfelony offense, after three or more consecutive years in the community without being convicted or
found not guilty by reason of insanity or currently charged
with any felony, gross misdemeanor, or misdemeanor crimes,
if the individual has no prior felony convictions that prohibit
the possession of a firearm counted as part of the offender
score under RCW 9.94A.525 and the individual has completed all conditions of the sentence.
(5) In addition to any other penalty provided for by law,
if a person under the age of eighteen years is found by a court
to have possessed a firearm in a vehicle in violation of subsection (1) or (2) of this section or to have committed an
offense while armed with a firearm during which offense a
motor vehicle served an integral function, the court shall
notify the department of licensing within twenty-four hours
and the person’s privilege to drive shall be revoked under
RCW 46.20.265.
(6) Nothing in chapter 129, Laws of 1995 shall ever be
construed or interpreted as preventing an offender from being
charged and subsequently convicted for the separate felony
crimes of theft of a firearm or possession of a stolen firearm,
or both, in addition to being charged and subsequently convicted under this section for unlawful possession of a firearm
in the first or second degree. Notwithstanding any other law,
if the offender is convicted under this section for unlawful
possession of a firearm in the first or second degree and for
the felony crimes of theft of a firearm or possession of a stolen firearm, or both, then the offender shall serve consecutive
sentences for each of the felony crimes of conviction listed in
this subsection.
(7) Each firearm unlawfully possessed under this section
shall be a separate offense. [2009 c 293 § 1; 2005 c 453 § 1;
2003 c 53 § 26; 1997 c 338 § 47; 1996 c 295 § 2. Prior: 1995
c 129 § 16 (Initiative Measure No. 159); 1994 sp.s. c 7 § 402;
prior: 1992 c 205 § 118; 1992 c 168 § 2; 1983 c 232 § 2; 1961
c 124 § 3; 1935 c 172 § 4; RRS § 2516-4.]
Severability—2005 c 453: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2005 c 453 § 7.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.042 Children—Permissible firearm possession.
RCW 9.41.040(2)(a)(iii) shall not apply to any person under
the age of eighteen years who is:
(1) In attendance at a hunter’s safety course or a firearms
safety course;
(2) Engaging in practice in the use of a firearm or target
shooting at an established range authorized by the governing
body of the jurisdiction in which such range is located or any
other area where the discharge of a firearm is not prohibited;
9.41.042
(2010 Ed.)
9.41.047
(3) Engaging in an organized competition involving the
use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of
the performance;
(4) Hunting or trapping under a valid license issued to
the person under Title 77 RCW;
(5) In an area where the discharge of a firearm is permitted, is not trespassing, and the person either: (a) Is at least
fourteen years of age, has been issued a hunter safety certificate, and is using a lawful firearm other than a pistol; or (b) is
under the supervision of a parent, guardian, or other adult
approved for the purpose by the parent or guardian;
(6) Traveling with any unloaded firearm in the person’s
possession to or from any activity described in subsection (1),
(2), (3), (4), or (5) of this section;
(7) On real property under the control of his or her parent, other relative, or legal guardian and who has the permission of the parent or legal guardian to possess a firearm;
(8) At his or her residence and who, with the permission
of his or her parent or legal guardian, possesses a firearm for
the purpose of exercising the rights specified in RCW
9A.16.020(3); or
(9) Is a member of the armed forces of the United States,
national guard, or organized reserves, when on duty. [2003 c
53 § 27; 1999 c 143 § 2; 1994 sp.s. c 7 § 403.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.045 Possession by offenders. As a sentence condition and requirement, offenders under the supervision of
the department of corrections pursuant to chapter 9.94A
RCW shall not own, use, or possess firearms or ammunition.
In addition to any penalty imposed pursuant to RCW
9.41.040 when applicable, offenders found to be in actual or
constructive possession of firearms or ammunition shall be
subject to the appropriate violation process and sanctions as
provided for in RCW 9.94A.633, 9.94A.716, or 9.94A.737.
Firearms or ammunition owned, used, or possessed by
offenders may be confiscated by community corrections
officers and turned over to the Washington state patrol for
disposal as provided in RCW 9.41.098. [2009 c 28 § 2; 1991
c 221 § 1.]
9.41.045
Effective date—2009 c 28: See note following RCW 2.24.040.
9.41.047 Restoration of possession rights. (1) At the
time a person is convicted or found not guilty by reason of
insanity of an offense making the person ineligible to possess
a firearm, or at the time a person is committed by court order
under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, or
chapter 10.77 RCW for mental health treatment, the convicting or committing court shall notify the person, orally and in
writing, that the person must immediately surrender any concealed pistol license and that the person may not possess a
firearm unless his or her right to do so is restored by a court
of record. For purposes of this section a convicting court
includes a court in which a person has been found not guilty
by reason of insanity.
9.41.047
[Title 9 RCW—page 21]
9.41.050
Title 9 RCW: Crimes and Punishments
The convicting or committing court shall forward within
three judicial days after conviction or entry of the commitment order a copy of the person’s driver’s license or identicard, or comparable information, along with the date of conviction or commitment, to the department of licensing. When
a person is committed by court order under RCW 71.05.240,
71.05.320, 71.34.740, 71.34.750, or chapter 10.77 RCW, for
mental health treatment, the committing court also shall forward, within three judicial days after entry of the commitment order, a copy of the person’s driver’s license, or comparable information, along with the date of commitment, to the
national instant criminal background check system index,
denied persons file, created by the federal Brady handgun
violence prevention act (P.L. 103-159).
(2) Upon receipt of the information provided for by subsection (1) of this section, the department of licensing shall
determine if the convicted or committed person has a concealed pistol license. If the person does have a concealed pistol license, the department of licensing shall immediately
notify the license-issuing authority which, upon receipt of
such notification, shall immediately revoke the license.
(3)(a) A person who is prohibited from possessing a firearm, by reason of having been involuntarily committed for
mental health treatment under RCW 71.05.240, 71.05.320,
71.34.740, 71.34.750, chapter 10.77 RCW, or equivalent statutes of another jurisdiction may, upon discharge, petition the
superior court to have his or her right to possess a firearm
restored.
(b) The petition may be brought in the superior court that
ordered the involuntary commitment or the superior court of
the county in which the petitioner resides.
(c) Except as provided in (d) of this subsection, the court
shall restore the petitioner’s right to possess a firearm if the
petitioner proves by a preponderance of the evidence that:
(i) The petitioner is no longer required to participate in
court-ordered inpatient or outpatient treatment;
(ii) The petitioner has successfully managed the condition related to the commitment;
(iii) The petitioner no longer presents a substantial danger to himself or herself, or the public; and
(iv) The symptoms related to the commitment are not
reasonably likely to recur.
(d) If a preponderance of the evidence in the record supports a finding that the person petitioning the court has
engaged in violence and that it is more likely than not that the
person will engage in violence after his or her right to possess
a firearm is restored, the person shall bear the burden of proving by clear, cogent, and convincing evidence that he or she
does not present a substantial danger to the safety of others.
(e) When a person’s right to possess a firearm has been
restored under this subsection, the court shall forward, within
three judicial days after entry of the restoration order, notification that the person’s right to possess a firearm has been
restored to the department of licensing, the department of
social and health services, and the national instant criminal
background check system index, denied persons file.
(4) No person who has been found not guilty by reason
of insanity may petition a court for restoration of the right to
possess a firearm unless the person meets the requirements
for the restoration of the right to possess a firearm under
[Title 9 RCW—page 22]
RCW 9.41.040(4). [2009 c 293 § 2; 2005 c 453 § 2; 1996 c
295 § 3. Prior: 1994 sp.s. c 7 § 404.]
Severability—2005 c 453: See note following RCW 9.41.040.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.050 Carrying firearms. (1)(a) Except in the person’s place of abode or fixed place of business, a person shall
not carry a pistol concealed on his or her person without a
license to carry a concealed pistol.
(b) Every licensee shall have his or her concealed pistol
license in his or her immediate possession at all times that he
or she is required by this section to have a concealed pistol
license and shall display the same upon demand to any police
officer or to any other person when and if required by law to
do so. Any violation of this subsection (1)(b) shall be a class
1 civil infraction under chapter 7.80 RCW and shall be punished accordingly pursuant to chapter 7.80 RCW and the
infraction rules for courts of limited jurisdiction.
(2)(a) A person shall not carry or place a loaded pistol in
any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee’s person,
(ii) the licensee is within the vehicle at all times that the pistol
is there, or (iii) the licensee is away from the vehicle and the
pistol is locked within the vehicle and concealed from view
from outside the vehicle.
(b) A violation of this subsection is a misdemeanor.
(3)(a) A person at least eighteen years of age who is in
possession of an unloaded pistol shall not leave the unloaded
pistol in a vehicle unless the unloaded pistol is locked within
the vehicle and concealed from view from outside the vehicle.
(b) A violation of this subsection is a misdemeanor.
(4) Nothing in this section permits the possession of firearms illegal to possess under state or federal law. [2003 c 53
§ 28; 1997 c 200 § 1; 1996 c 295 § 4; 1994 sp.s. c 7 § 405;
1982 1st ex.s. c 47 § 3; 1961 c 124 § 4; 1935 c 172 § 5; RRS
§ 2516-5.]
9.41.050
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.060 Exceptions to restrictions on carrying firearms. The provisions of RCW 9.41.050 shall not apply to:
(1) Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers of this state or
another state;
(2) Members of the armed forces of the United States or
of the national guard or organized reserves, when on duty;
(3) Officers or employees of the United States duly
authorized to carry a concealed pistol;
(4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol
in the usual or ordinary course of the business;
(5) Regularly enrolled members of any organization duly
authorized to purchase or receive pistols from the United
States or from this state;
9.41.060
(2010 Ed.)
Firearms and Dangerous Weapons
(6) Regularly enrolled members of clubs organized for
the purpose of target shooting, when those members are at or
are going to or from their places of target practice;
(7) Regularly enrolled members of clubs organized for
the purpose of modern and antique firearm collecting, when
those members are at or are going to or from their collector’s
gun shows and exhibits;
(8) Any person engaging in a lawful outdoor recreational
activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a
valid hunting or fishing license, it is reasonable to conclude
that the person is participating in lawful outdoor activities or
is traveling to or from a legitimate outdoor recreation area;
(9) Any person while carrying a pistol unloaded and in a
closed opaque case or secure wrapper; or
(10) Law enforcement officers retired for service or
physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities.
This subsection applies only to a retired officer who has: (a)
Obtained documentation from a law enforcement agency
within Washington state from which he or she retired that is
signed by the agency’s chief law enforcement officer and that
states that the retired officer was retired for service or physical disability; and (b) not been convicted or found not guilty
by reason of insanity of a crime making him or her ineligible
for a concealed pistol license. [2005 c 453 § 3; 1998 c 253 §
2; 1996 c 295 § 5; 1995 c 392 § 1; 1994 sp.s. c 7 § 406; 1961
c 124 § 5; 1935 c 172 § 6; RRS § 2516-6.]
Severability—2005 c 453: See note following RCW 9.41.040.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.070 Concealed pistol license—Application—
Fee—Renewal. (1) The chief of police of a municipality or
the sheriff of a county shall within thirty days after the filing
of an application of any person, issue a license to such person
to carry a pistol concealed on his or her person within this
state for five years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver’s license or Washington state identification card or has not been a resident of the state for the
previous consecutive ninety days, the issuing authority shall
have up to sixty days after the filing of the application to issue
a license. The issuing authority shall not refuse to accept
completed applications for concealed pistol licenses during
regular business hours.
The applicant’s constitutional right to bear arms shall not
be denied, unless:
(a) He or she is ineligible to possess a firearm under the
provisions of RCW 9.41.040 or 9.41.045;
(b) The applicant’s concealed pistol license is in a
revoked status;
(c) He or she is under twenty-one years of age;
(d) He or she is subject to a court order or injunction
regarding firearms pursuant to RCW 9A.46.080, 10.14.080,
10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040,
26.10.115, 26.26.130, 26.50.060, 26.50.070, or 26.26.590;
9.41.070
(2010 Ed.)
9.41.070
(e) He or she is free on bond or personal recognizance
pending trial, appeal, or sentencing for a felony offense;
(f) He or she has an outstanding warrant for his or her
arrest from any court of competent jurisdiction for a felony or
misdemeanor; or
(g) He or she has been ordered to forfeit a firearm under
RCW 9.41.098(1)(e) within one year before filing an application to carry a pistol concealed on his or her person.
No person convicted of a felony may have his or her
right to possess firearms restored or his or her privilege to
carry a concealed pistol restored, unless the person has been
granted relief from disabilities by the attorney general under
18 U.S.C. Sec. 925(c), or RCW 9.41.040 (3) or (4) applies.
(2) The issuing authority shall check with the national
crime information center, the Washington state patrol electronic database, the department of social and health services
electronic database, and with other agencies or resources as
appropriate, to determine whether the applicant is ineligible
under RCW 9.41.040 or 9.41.045 to possess a firearm and
therefore ineligible for a concealed pistol license. This subsection applies whether the applicant is applying for a new
concealed pistol license or to renew a concealed pistol
license.
(3) Any person whose firearms rights have been
restricted and who has been granted relief from disabilities by
the attorney general under 18 U.S.C. Sec. 925(c) or who is
exempt under 18 U.S.C. Sec. 921(a)(20)(A) shall have his or
her right to acquire, receive, transfer, ship, transport, carry,
and possess firearms in accordance with Washington state
law restored except as otherwise prohibited by this chapter.
(4) The license application shall bear the full name, residential address, telephone number at the option of the applicant, date and place of birth, race, gender, description, a complete set of fingerprints, and signature of the licensee, and the
licensee’s driver’s license number or state identification card
number if used for identification in applying for the license.
A signed application for a concealed pistol license shall constitute a waiver of confidentiality and written request that the
department of social and health services, mental health institutions, and other health care facilities release information
relevant to the applicant’s eligibility for a concealed pistol
license to an inquiring court or law enforcement agency.
The application for an original license shall include two
complete sets of fingerprints to be forwarded to the Washington state patrol.
The license and application shall contain a warning substantially as follows:
CAUTION: Although state and local laws do not
differ, federal law and state law on the possession of
firearms differ. If you are prohibited by federal law
from possessing a firearm, you may be prosecuted in
federal court. A state license is not a defense to a
federal prosecution.
The license shall contain a description of the major differences between state and federal law and an explanation of
the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law.
The application shall contain questions about the applicant’s
eligibility under RCW 9.41.040 to possess a pistol, the applicant’s place of birth, and whether the applicant is a United
[Title 9 RCW—page 23]
9.41.070
Title 9 RCW: Crimes and Punishments
States citizen. The applicant shall not be required to produce
a birth certificate or other evidence of citizenship. A person
who is not a citizen of the United States shall, if applicable,
meet the additional requirements of RCW 9.41.173 and produce proof of compliance with RCW 9.41.173 upon application. The license may be in triplicate or in a form to be prescribed by the department of licensing.
The original thereof shall be delivered to the licensee, the
duplicate shall within seven days be sent to the director of
licensing and the triplicate shall be preserved for six years, by
the authority issuing the license.
The department of licensing shall make available to law
enforcement and corrections agencies, in an on-line format,
all information received under this subsection.
(5) The nonrefundable fee, paid upon application, for the
original five-year license shall be thirty-six dollars plus additional charges imposed by the federal bureau of investigation
that are passed on to the applicant. No other state or local
branch or unit of government may impose any additional
charges on the applicant for the issuance of the license.
The fee shall be distributed as follows:
(a) Fifteen dollars shall be paid to the state general fund;
(b) Four dollars shall be paid to the agency taking the fingerprints of the person licensed;
(c) Fourteen dollars shall be paid to the issuing authority
for the purpose of enforcing this chapter; and
(d) Three dollars to the firearms range account in the
general fund.
(6) The nonrefundable fee for the renewal of such license
shall be thirty-two dollars. No other branch or unit of government may impose any additional charges on the applicant for
the renewal of the license.
The renewal fee shall be distributed as follows:
(a) Fifteen dollars shall be paid to the state general fund;
(b) Fourteen dollars shall be paid to the issuing authority
for the purpose of enforcing this chapter; and
(c) Three dollars to the firearms range account in the
general fund.
(7) The nonrefundable fee for replacement of lost or
damaged licenses is ten dollars to be paid to the issuing
authority.
(8) Payment shall be by cash, check, or money order at
the option of the applicant. Additional methods of payment
may be allowed at the option of the issuing authority.
(9) A licensee may renew a license if the licensee applies
for renewal within ninety days before or after the expiration
date of the license. A license so renewed shall take effect on
the expiration date of the prior license. A licensee renewing
after the expiration date of the license must pay a late renewal
penalty of ten dollars in addition to the renewal fee specified
in subsection (6) of this section. The fee shall be distributed
as follows:
(a) Three dollars shall be deposited in the state wildlife
account and used exclusively first for the printing and distribution of a pamphlet on the legal limits of the use of firearms,
firearms safety, and the preemptive nature of state law, and
subsequently the support of volunteer instructors in the basic
firearms safety training program conducted by the department of fish and wildlife. The pamphlet shall be given to
each applicant for a license; and
[Title 9 RCW—page 24]
(b) Seven dollars shall be paid to the issuing authority for
the purpose of enforcing this chapter.
(10) Notwithstanding the requirements of subsections
(1) through (9) of this section, the chief of police of the
municipality or the sheriff of the county of the applicant’s
residence may issue a temporary emergency license for good
cause pending review under subsection (1) of this section.
However, a temporary emergency license issued under this
subsection shall not exempt the holder of the license from any
records check requirement. Temporary emergency licenses
shall be easily distinguishable from regular licenses.
(11) A political subdivision of the state shall not modify
the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any
information not required by this section.
(12) A person who knowingly makes a false statement
regarding citizenship or identity on an application for a concealed pistol license is guilty of false swearing under RCW
9A.72.040. In addition to any other penalty provided for by
law, the concealed pistol license of a person who knowingly
makes a false statement shall be revoked, and the person shall
be permanently ineligible for a concealed pistol license.
(13) A person may apply for a concealed pistol license:
(a) To the municipality or to the county in which the
applicant resides if the applicant resides in a municipality;
(b) To the county in which the applicant resides if the
applicant resides in an unincorporated area; or
(c) Anywhere in the state if the applicant is a nonresident.
(14) Any person who, as a member of the armed forces,
including the national guard and armed forces reserves, is
unable to renew his or her license under subsections (6) and
(9) of this section because of the person’s assignment, reassignment, or deployment for out-of-state military service
may renew his or her license within ninety days after the person returns to this state from out-of-state military service, if
the person provides the following to the issuing authority no
later than ninety days after the person’s date of discharge or
assignment, reassignment, or deployment back to this state:
(a) A copy of the person’s original order designating the specific period of assignment, reassignment, or deployment for
out-of-state military service, and (b) if appropriate, a copy of
the person’s discharge or amended or subsequent assignment,
reassignment, or deployment order back to this state. A
license so renewed under this subsection (14) shall take effect
on the expiration date of the prior license. A licensee renewing after the expiration date of the license under this subsection (14) shall pay only the renewal fee specified in subsection (6) of this section and shall not be required to pay a late
renewal penalty in addition to the renewal fee. [2009 c 216 §
5; 2009 c 59 § 1; 2002 c 302 § 703; 1999 c 222 § 2; 1996 c
295 § 6; 1995 c 351 § 1. Prior: 1994 sp.s. c 7 § 407; 1994 c
190 § 2; 1992 c 168 § 1; 1990 c 195 § 6; prior: 1988 c 263 §
10; 1988 c 223 § 1; 1988 c 219 § 1; 1988 c 36 § 1; 1985 c 428
§ 3; 1983 c 232 § 3; 1979 c 158 § 1; 1971 ex.s. c 302 § 2;
1961 c 124 § 6; 1935 c 172 § 7; RRS § 2516-7.]
Reviser’s note: This section was amended by 2009 c 59 § 1 and by
2009 c 216 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
(2010 Ed.)
Firearms and Dangerous Weapons
Application—Construction—Short title—Severability—2002 c
302: See RCW 26.26.903, 26.26.911, and 26.26.912.
Finding—Hunter education program: "The legislature finds that the
hunter education program offers classes that all new hunters in the state are
legally required to complete, but that budget reductions have limited the
assistance that may be provided to the volunteers who conduct these classes.
A portion of the funds for this program is provided by statute exclusively for
printing and distributing the hunter safety pamphlet. While this pamphlet
should remain the highest spending priority for these funds, there is a surplus
in the account which could assist with other activities by the volunteers conducting the hunter education program." [1999 c 222 § 1.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.073 Concealed pistol license—Reciprocity.
(1)(a) A person licensed to carry a pistol in a state the laws of
which recognize and give effect in that state to a concealed
pistol license issued under the laws of the state of Washington is authorized to carry a concealed pistol in this state if:
(i) The licensing state does not issue concealed pistol
licenses to persons under twenty-one years of age; and
(ii) The licensing state requires mandatory fingerprintbased background checks of criminal and mental health history for all persons who apply for a concealed pistol license.
(b) This section applies to a license holder from another
state only while the license holder is not a resident of this
state. A license holder from another state must carry the
handgun in compliance with the laws of this state.
(2) The attorney general shall periodically publish a list
of states the laws of which recognize and give effect in that
state to a concealed pistol license issued under the laws of the
state of Washington and which meet the requirements of subsection (1)(a)(i) and (ii) of this section. [2004 c 148 § 1.]
9.41.073
9.41.075 Concealed pistol license—Revocation. (1)
The license shall be revoked by the license-issuing authority
immediately upon:
(a) Discovery by the issuing authority that the person
was ineligible under RCW 9.41.070 for a concealed pistol
license when applying for the license or license renewal;
(b) Conviction of the licensee, or the licensee being
found not guilty by reason of insanity, of an offense, or commitment of the licensee for mental health treatment, that
makes a person ineligible under RCW 9.41.040 to possess a
firearm;
(c) Conviction of the licensee for a third violation of this
chapter within five calendar years; or
(d) An order that the licensee forfeit a firearm under
RCW 9.41.098(1)(d).
(2)(a) Unless the person may lawfully possess a pistol
without a concealed pistol license, an ineligible person to
whom a concealed pistol license was issued shall, within
fourteen days of license revocation, lawfully transfer ownership of any pistol acquired while the person was in possession
of the license.
(b) Upon discovering a person issued a concealed pistol
license was ineligible for the license, the issuing authority
shall contact the department of licensing to determine
whether the person purchased a pistol while in possession of
the license. If the person did purchase a pistol while in possession of the concealed pistol license, if the person may not
9.41.075
(2010 Ed.)
9.41.090
lawfully possess a pistol without a concealed pistol license,
the issuing authority shall require the person to present satisfactory evidence of having lawfully transferred ownership of
the pistol. The issuing authority shall require the person to
produce the evidence within fifteen days of the revocation of
the license.
(3) When a licensee is ordered to forfeit a firearm under
RCW 9.41.098(1)(d), the issuing authority shall:
(a) On the first forfeiture, revoke the license for one year;
(b) On the second forfeiture, revoke the license for two
years; or
(c) On the third or subsequent forfeiture, revoke the
license for five years.
Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)(d) may not reapply for a new license until the end of the revocation period.
(4) The issuing authority shall notify, in writing, the
department of licensing of the revocation of a license. The
department of licensing shall record the revocation. [2005 c
453 § 4; 1994 sp.s. c 7 § 408.]
Severability—2005 c 453: See note following RCW 9.41.040.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.080 Delivery to ineligible persons. No person
may deliver a firearm to any person whom he or she has reasonable cause to believe is ineligible under RCW 9.41.040 to
possess a firearm. Any person violating this section is guilty
of a class C felony, punishable under chapter 9A.20 RCW.
[1994 sp.s. c 7 § 409; 1935 c 172 § 8; RRS § 2516-8.]
9.41.080
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.090 Dealer deliveries regulated—Hold on delivery. (1) In addition to the other requirements of this chapter,
no dealer may deliver a pistol to the purchaser thereof until:
(a) The purchaser produces a valid concealed pistol
license and the dealer has recorded the purchaser’s name,
license number, and issuing agency, such record to be made
in triplicate and processed as provided in subsection (5) of
this section. For purposes of this subsection (1)(a), a "valid
concealed pistol license" does not include a temporary emergency license, and does not include any license issued before
July 1, 1996, unless the issuing agency conducted a records
search for disqualifying crimes under RCW 9.41.070 at the
time of issuance;
(b) The dealer is notified in writing by the chief of police
or the sheriff of the jurisdiction in which the purchaser
resides that the purchaser is eligible to possess a pistol under
RCW 9.41.040 and that the application to purchase is
approved by the chief of police or sheriff; or
(c) Five business days, meaning days on which state
offices are open, have elapsed from the time of receipt of the
application for the purchase thereof as provided herein by the
chief of police or sheriff designated in subsection (5) of this
section, and, when delivered, the pistol shall be securely
wrapped and shall be unloaded. However, if the purchaser
does not have a valid permanent Washington driver’s license
or state identification card or has not been a resident of the
9.41.090
[Title 9 RCW—page 25]
9.41.094
Title 9 RCW: Crimes and Punishments
state for the previous consecutive ninety days, the waiting
period under this subsection (1)(c) shall be up to sixty days.
(2)(a) Except as provided in (b) of this subsection, in
determining whether the purchaser meets the requirements of
RCW 9.41.040, the chief of police or sheriff, or the designee
of either, shall check with the national crime information center, the Washington state patrol electronic database, the
department of social and health services electronic database,
and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040
to possess a firearm.
(b) Once the system is established, a dealer shall use the
state system and national instant criminal background check
system, provided for by the Brady Handgun Violence Prevention Act (18 U.S.C. Sec. 921 et seq.), to make criminal
background checks of applicants to purchase firearms. However, a chief of police or sheriff, or a designee of either, shall
continue to check the department of social and health services’ electronic database and with other agencies or
resources as appropriate, to determine whether applicants are
ineligible under RCW 9.41.040 to possess a firearm.
(3) In any case under subsection (1)(c) of this section
where the applicant has an outstanding warrant for his or her
arrest from any court of competent jurisdiction for a felony or
misdemeanor, the dealer shall hold the delivery of the pistol
until the warrant for arrest is served and satisfied by appropriate court appearance. The local jurisdiction for purposes of
the sale shall confirm the existence of outstanding warrants
within seventy-two hours after notification of the application
to purchase a pistol is received. The local jurisdiction shall
also immediately confirm the satisfaction of the warrant on
request of the dealer so that the hold may be released if the
warrant was for an offense other than an offense making a
person ineligible under RCW 9.41.040 to possess a pistol.
(4) In any case where the chief or sheriff of the local
jurisdiction has reasonable grounds based on the following
circumstances: (a) Open criminal charges, (b) pending criminal proceedings, (c) pending commitment proceedings, (d)
an outstanding warrant for an offense making a person ineligible under RCW 9.41.040 to possess a pistol, or (e) an arrest
for an offense making a person ineligible under RCW
9.41.040 to possess a pistol, if the records of disposition have
not yet been reported or entered sufficiently to determine eligibility to purchase a pistol, the local jurisdiction may hold
the sale and delivery of the pistol beyond five days up to
thirty days in order to confirm existing records in this state or
elsewhere. After thirty days, the hold will be lifted unless an
extension of the thirty days is approved by a local district
court or municipal court for good cause shown. A dealer shall
be notified of each hold placed on the sale by local law
enforcement and of any application to the court for additional
hold period to confirm records or confirm the identity of the
applicant.
(5) At the time of applying for the purchase of a pistol,
the purchaser shall sign in triplicate and deliver to the dealer
an application containing his or her full name, residential
address, date and place of birth, race, and gender; the date and
hour of the application; the applicant’s driver’s license number or state identification card number; a description of the
pistol including the make, model, caliber and manufacturer’s
number if available at the time of applying for the purchase of
[Title 9 RCW—page 26]
a pistol. If the manufacturer’s number is not available, the
application may be processed, but delivery of the pistol to the
purchaser may not occur unless the manufacturer’s number is
recorded on the application by the dealer and transmitted to
the chief of police of the municipality or the sheriff of the
county in which the purchaser resides; and a statement that
the purchaser is eligible to possess a pistol under RCW
9.41.040.
The application shall contain a warning substantially as
follows:
CAUTION: Although state and local laws do not
differ, federal law and state law on the possession of
firearms differ. If you are prohibited by federal law
from possessing a firearm, you may be prosecuted in
federal court. State permission to purchase a firearm
is not a defense to a federal prosecution.
The purchaser shall be given a copy of the department of fish
and wildlife pamphlet on the legal limits of the use of firearms, firearms safety, and the fact that local laws and ordinances on firearms are preempted by state law and must be
consistent with state law.
The dealer shall, by the end of the business day, sign and
attach his or her address and deliver a copy of the application
and such other documentation as required under subsection
(1) of this section to the chief of police of the municipality or
the sheriff of the county of which the purchaser is a resident.
The triplicate shall be retained by the dealer for six years. The
dealer shall deliver the pistol to the purchaser following the
period of time specified in this section unless the dealer is
notified of an investigative hold under subsection (4) of this
section in writing by the chief of police of the municipality or
the sheriff of the county, whichever is applicable, denying the
purchaser’s application to purchase and the grounds thereof.
The application shall not be denied unless the purchaser is not
eligible to possess a pistol under RCW 9.41.040 or 9.41.045,
or federal law.
The chief of police of the municipality or the sheriff of
the county shall retain or destroy applications to purchase a
pistol in accordance with the requirements of 18 U.S.C. Sec.
922.
(6) A person who knowingly makes a false statement
regarding identity or eligibility requirements on the application to purchase a pistol is guilty of false swearing under
RCW 9A.72.040.
(7) This section does not apply to sales to licensed dealers for resale or to the sale of antique firearms. [1996 c 295 §
8. Prior: 1994 sp.s. c 7 § 410; 1994 c 264 § 1; 1988 c 36 § 2;
1985 c 428 § 4; 1983 c 232 § 4; 1969 ex.s. c 227 § 1; 1961 c
124 § 7; 1935 c 172 § 9; RRS § 2516-9.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.094 Waiver of confidentiality. A signed application to purchase a pistol shall constitute a waiver of confidentiality and written request that the department of social and
health services, mental health institutions, and other health
care facilities release, to an inquiring court or law enforcement agency, information relevant to the applicant’s eligibil9.41.094
(2010 Ed.)
Firearms and Dangerous Weapons
ity to purchase a pistol to an inquiring court or law enforcement agency. [1994 sp.s. c 7 § 411.]
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
9.41.097 Supplying information on persons purchasing pistols or applying for concealed pistol licenses. (1)
The department of social and health services, mental health
institutions, and other health care facilities shall, upon
request of a court or law enforcement agency, supply such
relevant information as is necessary to determine the eligibility of a person to possess a pistol or to be issued a concealed
pistol license under RCW 9.41.070 or to purchase a pistol
under RCW 9.41.090.
(2) Mental health information received by: (a) The
department of licensing pursuant to RCW 9.41.047 or
9.41.173; (b) an issuing authority pursuant to RCW 9.41.047
or 9.41.070; (c) a chief of police or sheriff pursuant to RCW
9.41.090 or 9.41.173; (d) a court or law enforcement agency
pursuant to subsection (1) of this section, shall not be disclosed except as provided in RCW 42.56.240(4). [2009 c 216
§ 6; 2005 c 274 § 202; 1994 sp.s. c 7 § 412; 1983 c 232 § 5.]
9.41.097
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.0975 Officials and agencies—Immunity, writ of
mandamus. (1) The state, local governmental entities, any
public or private agency, and the employees of any state or
local governmental entity or public or private agency, acting
in good faith, are immune from liability:
(a) For failure to prevent the sale or transfer of a firearm
to a person whose receipt or possession of the firearm is
unlawful;
(b) For preventing the sale or transfer of a firearm to a
person who may lawfully receive or possess a firearm;
(c) For issuing a concealed pistol license or alien firearm
license to a person ineligible for such a license;
(d) For failing to issue a concealed pistol license or alien
firearm license to a person eligible for such a license;
(e) For revoking or failing to revoke an issued concealed
pistol license or alien firearm license;
(f) For errors in preparing or transmitting information as
part of determining a person’s eligibility to receive or possess
a firearm, or eligibility for a concealed pistol license or alien
firearm license;
(g) For issuing a dealer’s license to a person ineligible
for such a license; or
(h) For failing to issue a dealer’s license to a person eligible for such a license.
(2) An application may be made to a court of competent
jurisdiction for a writ of mandamus:
(a) Directing an issuing agency to issue a concealed pistol license or alien firearm license wrongfully refused;
(b) Directing a law enforcement agency to approve an
application to purchase wrongfully denied;
(c) Directing that erroneous information resulting either
in the wrongful refusal to issue a concealed pistol license or
9.41.0975
(2010 Ed.)
9.41.098
alien firearm license or in the wrongful denial of a purchase
application be corrected; or
(d) Directing a law enforcement agency to approve a
dealer’s license wrongfully denied.
The application for the writ may be made in the county
in which the application for a concealed pistol license or alien
firearm license or to purchase a pistol was made, or in Thurston county, at the discretion of the petitioner. A court shall
provide an expedited hearing for an application brought
under this subsection (2) for a writ of mandamus. A person
granted a writ of mandamus under this subsection (2) shall be
awarded reasonable attorneys’ fees and costs. [2009 c 216 §
7; 1996 c 295 § 9; 1994 sp.s. c 7 § 413.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.098 Forfeiture of firearms—Disposition—Confiscation. (1) The superior courts and the courts of limited
jurisdiction of the state may order forfeiture of a firearm
which is proven to be:
(a) Found concealed on a person not authorized by RCW
9.41.060 or 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license
within the preceding two years and has not become ineligible
for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due
renewal fee and the current renewal fee;
(b) Commercially sold to any person without an application as required by RCW 9.41.090;
(c) In the possession of a person prohibited from possessing the firearm under RCW 9.41.040 or 9.41.045;
(d) In the possession or under the control of a person at
the time the person committed or was arrested for committing
a felony or committing a nonfelony crime in which a firearm
was used or displayed;
(e) In the possession of a person who is in any place in
which a concealed pistol license is required, and who is under
the influence of any drug or under the influence of intoxicating liquor, as defined in chapter 46.61 RCW;
(f) In the possession of a person free on bail or personal
recognizance pending trial, appeal, or sentencing for a felony
or for a nonfelony crime in which a firearm was used or displayed, except that violations of Title 77 RCW shall not
result in forfeiture under this section;
(g) In the possession of a person found to have been
mentally incompetent while in possession of a firearm when
apprehended or who is thereafter committed pursuant to
chapter 10.77 or 71.05 RCW;
(h) Used or displayed by a person in the violation of a
proper written order of a court of general jurisdiction; or
(i) Used in the commission of a felony or of a nonfelony
crime in which a firearm was used or displayed.
(2) Upon order of forfeiture, the court in its discretion
may order destruction of any forfeited firearm. A court may
temporarily retain forfeited firearms needed for evidence.
(a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer
needed for evidence; or (ii) forfeited due to a failure to make
a claim under RCW 63.32.010 or 63.40.010; may be disposed
9.41.098
[Title 9 RCW—page 27]
9.41.100
Title 9 RCW: Crimes and Punishments
of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be retained by
the legislative authority. This subsection (2)(a) applies only
to firearms that come into the possession of the law enforcement agency after June 30, 1993.
By midnight, June 30, 1993, every law enforcement
agency shall prepare an inventory, under oath, of every firearm that has been judicially forfeited, has been seized and
may be subject to judicial forfeiture, or that has been, or may
be, forfeited due to a failure to make a claim under RCW
63.32.010 or 63.40.010.
(b) Except as provided in (c) of this subsection, of the
inventoried firearms a law enforcement agency shall destroy
illegal firearms, may retain a maximum of ten percent of
legal forfeited firearms for agency use, and shall either:
(i) Comply with the provisions for the auction of firearms in RCW 9.41.098 that were in effect immediately preceding May 7, 1993; or
(ii) Trade, auction, or arrange for the auction of, rifles
and shotguns. In addition, the law enforcement agency shall
either trade, auction, or arrange for the auction of, short firearms, or shall pay a fee of twenty-five dollars to the state treasurer for every short firearm neither auctioned nor traded, to
a maximum of fifty thousand dollars. The fees shall be
accompanied by an inventory, under oath, of every short firearm listed in the inventory required by (a) of this subsection,
that has been neither traded nor auctioned. The state treasurer shall credit the fees to the firearms range account established in RCW 79A.25.210. All trades or auctions of firearms under this subsection shall be to licensed dealers. Proceeds of any auction less costs, including actual costs of
storage and sale, shall be forwarded to the firearms range
account established in RCW 79A.25.210.
(c) Antique firearms and firearms recognized as curios,
relics, and firearms of particular historical significance by the
United States treasury department *bureau of alcohol,
tobacco, and firearms are exempt from destruction and shall
be disposed of by auction or trade to licensed dealers.
(d) Firearms in the possession of the Washington state
patrol on or after May 7, 1993, that are judicially forfeited
and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63.35.020, must be disposed
of as follows: (i) Firearms illegal for any person to possess
must be destroyed; (ii) the Washington state patrol may retain
a maximum of ten percent of legal firearms for agency use;
and (iii) all other legal firearms must be auctioned or traded
to licensed dealers. The Washington state patrol may retain
any proceeds of an auction or trade.
(3) The court shall order the firearm returned to the
owner upon a showing that there is no probable cause to
believe a violation of subsection (1) of this section existed or
the firearm was stolen from the owner or the owner neither
had knowledge of nor consented to the act or omission
involving the firearm which resulted in its forfeiture.
(4) A law enforcement officer of the state or of any
county or municipality may confiscate a firearm found to be
in the possession of a person under circumstances specified
in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting
attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction
[Title 9 RCW—page 28]
as provided in subsection (1) of this section; or (c) to the
owner if the proceedings are dismissed or as directed in subsection (3) of this section. [2003 c 39 § 5; 1996 c 295 § 10;
1994 sp.s. c 7 § 414; 1993 c 243 § 1; 1989 c 222 § 8; 1988 c
223 § 2. Prior: 1987 c 506 § 91; 1987 c 373 § 7; 1986 c 153
§ 1; 1983 c 232 § 6.]
*Reviser’s note: The bureau of alcohol, tobacco and firearms of the
department of the treasury was transferred to the department of justice on
November 25, 2002. See 6 U.S.C. Sec. 531, Public Law 107-296. The
"bureau of alcohol, tobacco and firearms" was renamed the "bureau of alcohol, tobacco, firearms and explosives."
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Legislative finding, purpose—Severability—1987 c 373: See notes
following RCW 46.61.502.
Additional notes found at www.leg.wa.gov
9.41.100 Dealer licensing and registration required.
Every dealer shall be licensed as provided in RCW 9.41.110
and shall register with the department of revenue as provided
in chapters 82.04 and 82.32 RCW. [1994 sp.s. c 7 § 415;
1935 c 172 § 10; RRS § 2516-10.]
9.41.100
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.110 Dealer’s licenses, by whom granted, conditions, fees—Employees, fingerprinting and background
checks—Wholesale sales excepted—Permits prohibited.
(1) No dealer may sell or otherwise transfer, or expose for
sale or transfer, or have in his or her possession with intent to
sell, or otherwise transfer, any pistol without being licensed
as provided in this section.
(2) No dealer may sell or otherwise transfer, or expose
for sale or transfer, or have in his or her possession with
intent to sell, or otherwise transfer, any firearm other than a
pistol without being licensed as provided in this section.
(3) No dealer may sell or otherwise transfer, or expose
for sale or transfer, or have in his or her possession with
intent to sell, or otherwise transfer, any ammunition without
being licensed as provided in this section.
(4) The duly constituted licensing authorities of any city,
town, or political subdivision of this state shall grant licenses
in forms prescribed by the director of licensing effective for
not more than one year from the date of issue permitting the
licensee to sell firearms within this state subject to the following conditions, for breach of any of which the license shall be
forfeited and the licensee subject to punishment as provided
in RCW 9.41.010 through 9.41.810. A licensing authority
shall forward a copy of each license granted to the department of licensing. The department of licensing shall notify
the department of revenue of the name and address of each
dealer licensed under this section.
(5)(a) A licensing authority shall, within thirty days after
the filing of an application of any person for a dealer’s
license, determine whether to grant the license. However, if
the applicant does not have a valid permanent Washington
driver’s license or Washington state identification card, or
has not been a resident of the state for the previous consecutive ninety days, the licensing authority shall have up to sixty
9.41.110
(2010 Ed.)
Firearms and Dangerous Weapons
days to determine whether to issue a license. No person shall
qualify for a license under this section without first receiving
a federal firearms license and undergoing fingerprinting and
a background check. In addition, no person ineligible to possess a firearm under RCW 9.41.040 or ineligible for a concealed pistol license under RCW 9.41.070 shall qualify for a
dealer’s license.
(b) A dealer shall require every employee who may sell
a firearm in the course of his or her employment to undergo
fingerprinting and a background check. An employee must
be eligible to possess a firearm, and must not have been convicted of a crime that would make the person ineligible for a
concealed pistol license, before being permitted to sell a firearm. Every employee shall comply with requirements concerning purchase applications and restrictions on delivery of
pistols that are applicable to dealers.
(6)(a) Except as otherwise provided in (b) of this subsection, the business shall be carried on only in the building designated in the license. For the purpose of this section, advertising firearms for sale shall not be considered the carrying on
of business.
(b) A dealer may conduct business temporarily at a location other than the building designated in the license, if the
temporary location is within Washington state and is the
location of a gun show sponsored by a national, state, or local
organization, or an affiliate of any such organization, devoted
to the collection, competitive use, or other sporting use of
firearms in the community. Nothing in this subsection (6)(b)
authorizes a dealer to conduct business in or from a motorized or towed vehicle.
In conducting business temporarily at a location other
than the building designated in the license, the dealer shall
comply with all other requirements imposed on dealers by
RCW 9.41.090, 9.41.100, and 9.41.110. The license of a
dealer who fails to comply with the requirements of RCW
9.41.080 and 9.41.090 and subsection (8) of this section
while conducting business at a temporary location shall be
revoked, and the dealer shall be permanently ineligible for a
dealer’s license.
(7) The license or a copy thereof, certified by the issuing
authority, shall be displayed on the premises in the area
where firearms are sold, or at the temporary location, where
it can easily be read.
(8)(a) No pistol may be sold: (i) In violation of any provisions of RCW 9.41.010 through 9.41.810; nor (ii) may a
pistol be sold under any circumstances unless the purchaser is
personally known to the dealer or shall present clear evidence
of his or her identity.
(b) A dealer who sells or delivers any firearm in violation of RCW 9.41.080 is guilty of a class C felony. In addition to any other penalty provided for by law, the dealer is
subject to mandatory permanent revocation of his or her
dealer’s license and permanent ineligibility for a dealer’s
license.
(c) The license fee for pistols shall be one hundred
twenty-five dollars. The license fee for firearms other than
pistols shall be one hundred twenty-five dollars. The license
fee for ammunition shall be one hundred twenty-five dollars.
Any dealer who obtains any license under subsection (1), (2),
or (3) of this section may also obtain the remaining licenses
(2010 Ed.)
9.41.122
without payment of any fee. The fees received under this section shall be deposited in the state general fund.
(9)(a) A true record in triplicate shall be made of every
pistol sold, in a book kept for the purpose, the form of which
may be prescribed by the director of licensing and shall be
personally signed by the purchaser and by the person effecting the sale, each in the presence of the other, and shall contain the date of sale, the caliber, make, model and manufacturer’s number of the weapon, the name, address, occupation,
and place of birth of the purchaser and a statement signed by
the purchaser that he or she is not ineligible under RCW
9.41.040 to possess a firearm.
(b) One copy shall within six hours be sent by certified
mail to the chief of police of the municipality or the sheriff of
the county of which the purchaser is a resident; the duplicate
the dealer shall within seven days send to the director of
licensing; the triplicate the dealer shall retain for six years.
(10) Subsections (2) through (9) of this section shall not
apply to sales at wholesale.
(11) The dealer’s licenses authorized to be issued by this
section are general licenses covering all sales by the licensee
within the effective period of the licenses. The department
shall provide a single application form for dealer’s licenses
and a single license form which shall indicate the type or
types of licenses granted.
(12) Except as provided in RCW 9.41.090, every city,
town, and political subdivision of this state is prohibited from
requiring the purchaser to secure a permit to purchase or from
requiring the dealer to secure an individual permit for each
sale. [2009 c 479 § 10; 1994 sp.s. c 7 § 416; 1979 c 158 § 2;
1969 ex.s. c 227 § 4; 1963 c 163 § 1; 1961 c 124 § 8; 1935 c
172 § 11; RRS § 2516-11.]
Effective date—2009 c 479: See note following RCW 2.56.030.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.120 Firearms as loan security. No person other
than a duly licensed dealer shall make any loan secured by a
mortgage, deposit or pledge of a pistol. Any licensed dealer
receiving a pistol as a deposit or pledge for a loan shall keep
such records and make such reports as are provided by law
for pawnbrokers and secondhand dealers in cities of the first
class. A duly licensed dealer may mortgage any pistol or
stock of pistols but shall not deposit or pledge the same with
any other person. [1961 c 124 § 9; 1935 c 172 § 12; RRS §
2516-12.]
9.41.120
Pawnbrokers and secondhand dealers: Chapter 19.60 RCW.
9.41.122 Out-of-state purchasing. Residents of Washington may purchase rifles and shotguns in a state other than
Washington: PROVIDED, That such residents conform to
the applicable provisions of the federal Gun Control Act of
1968, Title IV, Pub. L. 90-351 as administered by the United
States secretary of the treasury: AND PROVIDED FURTHER, That such residents are eligible to purchase or possess
such weapons in Washington and in the state in which such
purchase is made. [1970 ex.s. c 74 § 1. Formerly RCW
19.70.010.]
9.41.122
[Title 9 RCW—page 29]
9.41.124
Title 9 RCW: Crimes and Punishments
9.41.124 Purchasing by nonresidents. Residents of a
state other than Washington may purchase rifles and shotguns in Washington: PROVIDED, That such residents conform to the applicable provisions of the federal Gun Control
Act of 1968, Title IV, Pub. L. 90-351 as administered by the
United States secretary of the treasury: AND PROVIDED
FURTHER, That such residents are eligible to purchase or
possess such weapons in Washington and in the state in
which such persons reside. [1970 ex.s. c 74 § 2. Formerly
RCW 19.70.020.]
arm upon which any such mark shall have been changed,
altered, removed, or obliterated, shall be prima facie evidence
that the possessor has changed, altered, removed, or obliterated the same. This section shall not apply to replacement
barrels in old firearms, which barrels are produced by current
manufacturers and therefor do not have the markings on the
barrels of the original manufacturers who are no longer in
business. This section also shall not apply if the changes do
not make the firearm illegal for the person to possess under
state or federal law. [1994 sp.s. c 7 § 419; 1961 c 124 § 10;
1935 c 172 § 14; RRS § 2516-14.]
9.41.129 Recordkeeping requirements. The department of licensing may keep copies or records of applications
for concealed pistol licenses provided for in RCW 9.41.070,
copies or records of applications for alien firearm licenses,
copies or records of applications to purchase pistols provided
for in RCW 9.41.090, and copies or records of pistol transfers
provided for in RCW 9.41.110. The copies and records shall
not be disclosed except as provided in RCW 42.56.240(4).
[2005 c 274 § 203; 1994 sp.s. c 7 § 417.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.124
9.41.129
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
9.41.135 Verification of licenses and registration—
Notice to federal government. (1) At least once every
twelve months, the department of licensing shall obtain a list
of dealers licensed under 18 U.S.C. Sec. 923(a) with business
premises in the state of Washington from the United States
bureau of alcohol, tobacco, and firearms. The department of
licensing shall verify that all dealers on the list provided by
the bureau of alcohol, tobacco, and firearms are licensed and
registered as required by RCW 9.41.100.
(2) At least once every twelve months, the department of
licensing shall obtain from the department of revenue and the
department of revenue shall transmit to the department of
licensing a list of dealers registered with the department of
revenue, and a list of dealers whose names and addresses
were forwarded to the department of revenue by the department of licensing under RCW 9.41.110, who failed to register
with the department of revenue as required by RCW
9.41.100.
(3) At least once every twelve months, the department of
licensing shall notify the bureau of alcohol, tobacco, and firearms of all dealers licensed under 18 U.S.C. Sec. 923(a) with
business premises in the state of Washington who have not
complied with the licensing or registration requirements of
RCW 9.41.100. In notifying the bureau of alcohol, tobacco,
and firearms, the department of licensing shall not specify
whether a particular dealer has failed to comply with licensing requirements or has failed to comply with registration
requirements. [1995 c 318 § 6; 1994 sp.s. c 7 § 418.]
9.41.135
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.140 Alteration of identifying marks—Exceptions. No person may change, alter, remove, or obliterate the
name of the maker, model, manufacturer’s number, or other
mark of identification on any firearm. Possession of any fire9.41.140
[Title 9 RCW—page 30]
9.41.171 Alien possession of firearms—Requirements—Penalty. It is a class C felony for any person who is
not a citizen of the United States to carry or possess any firearm, unless the person: (1) Is a lawful permanent resident;
(2) has obtained a valid alien firearm license pursuant to
RCW 9.41.173; or (3) meets the requirements of RCW
9.41.175. [2009 c 216 § 2.]
9.41.171
9.41.173 Alien possession of firearms—Alien firearm
license—Political subdivisions may not modify requirements—Penalty for false statement. (1) In order to obtain
an alien firearm license, a nonimmigrant alien residing in
Washington must apply to the sheriff of the county in which
he or she resides.
(2) The sheriff of the county shall within sixty days after
the filing of an application of a nonimmigrant alien residing
in the state of Washington, issue an alien firearm license to
such person to carry or possess a firearm for the purposes of
hunting and sport shooting. The license shall be good for two
years. The issuing authority shall not refuse to accept completed applications for alien firearm licenses during regular
business hours. An application for a license may not be
denied, unless the applicant’s alien firearm license is in a
revoked status, or the applicant:
(a) Is ineligible to possess a firearm under the provisions
of RCW 9.41.040 or 9.41.045;
(b) Is subject to a court order or injunction regarding
firearms pursuant to RCW 9A.46.080, 10.14.080, 10.99.040,
10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115,
26.26.130, 26.50.060, 26.50.070, or 26.26.590;
(c) Is free on bond or personal recognizance pending
trial, appeal, or sentencing for a felony offense; or
(d) Has an outstanding warrant for his or her arrest from
any court of competent jurisdiction for a felony or misdemeanor.
No license application shall be granted to a nonimmigrant alien convicted of a felony unless the person has been
granted relief from disabilities by the attorney general under
18 U.S.C. Sec. 925(c), or unless RCW 9.41.040 (3) or (4)
applies.
(3) The sheriff shall check with the national crime information center, the Washington state patrol electronic database, the department of social and health services electronic
database, and with other agencies or resources as appropriate,
to determine whether the applicant is ineligible under RCW
9.41.040 or 9.41.045 to possess a firearm.
9.41.173
(2010 Ed.)
Firearms and Dangerous Weapons
(4) The license application shall bear the full name, residential address, telephone number at the option of the applicant, date and place of birth, race, gender, description, not
more than two complete sets of fingerprints, and signature of
the applicant, a copy of the applicant’s passport and visa
showing the applicant is in the country legally, and a valid
Washington hunting license or documentation that the applicant is a member of a sport shooting club.
A signed application for an alien firearm license shall
constitute a waiver of confidentiality and written request that
the department of social and health services, mental health
institutions, and other health care facilities release information relevant to the applicant’s eligibility for an alien firearm
license to an inquiring court or law enforcement agency.
The application for an original license shall include a
complete set of fingerprints to be forwarded to the Washington state patrol.
The license and application shall contain a warning substantially as follows:
CAUTION: Although state and local laws do not
differ, federal law and state law on the possession of
firearms differ. If you are prohibited by federal law
from possessing a firearm, you may be prosecuted in
federal court. A state license is not a defense to a
federal prosecution.
The license shall contain a description of the major differences between state and federal law and an explanation of
the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law.
The application shall contain questions about the applicant’s
eligibility under RCW 9.41.040 to possess a firearm. The
nonimmigrant alien applicant shall be required to produce a
passport and visa as evidence of being in the country legally.
The license may be in triplicate or in a form to be prescribed by the department of licensing. The original thereof
shall be delivered to the licensee, the duplicate shall within
seven days be sent to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing
the license.
The department of licensing shall make available to law
enforcement and corrections agencies, in an online format, all
information received under this section.
(5) The sheriff has the authority to collect a nonrefundable fee, paid upon application, for the two-year license. The
fee shall be fifty dollars plus additional charges imposed by
the Washington state patrol and the federal bureau of investigation that are passed on to the applicant. No other state or
local branch or unit of government may impose any additional charges on the applicant for the issuance of the license.
The fee shall be retained by the sheriff.
(6) Payment shall be by cash, check, or money order at
the option of the applicant. Additional methods of payment
may be allowed at the option of the sheriff.
(7) A political subdivision of the state shall not modify
the requirements of this section, nor may a political subdivision ask the applicant to voluntarily submit any information
not required by this section.
(8) A person who knowingly makes a false statement
regarding citizenship or identity on an application for an alien
firearm license is guilty of false swearing under RCW
(2010 Ed.)
9.41.190
9A.72.040. In addition to any other penalty provided for by
law, the alien firearm license of a person who knowingly
makes a false statement shall be revoked, and the person shall
be permanently ineligible for an alien firearm license. [2009
c 216 § 3.]
9.41.175 Alien possession of firearms—Possession
without license—Conditions. (1) A nonimmigrant alien,
who is not a resident of Washington or a citizen of Canada,
may carry or possess any firearm without having first
obtained an alien firearm license if the nonimmigrant alien
possesses:
(a) A valid passport and visa showing he or she is in the
country legally;
(b) If required under federal law, an approved United
States department of justice ATF-6 NIA application and permit for temporary importation of firearms and ammunition by
nonimmigrant aliens; and
(c)(i) A valid hunting license issued by a state or territory
of the United States; or
(ii) An invitation to participate in a trade show or sport
shooting event being conducted in this state, another state, or
another country that is contiguous with this state.
(2) A citizen of Canada may carry or possess any firearm
so long as he or she possesses:
(a) Valid documentation as required for entry into the
United States;
(b) If required under federal law, an approved United
States department of justice ATF-6 NIA application and permit for temporary importation of firearms and ammunition by
nonimmigrant aliens; and
(c)(i) A valid hunting license issued by a state or territory
of the United States; or
(ii) An invitation to participate in a trade show or sport
shooting event being conducted in this state, another state, or
another country that is contiguous with this state.
(3) For purposes of subsections (1) and (2) of this section, the firearms may only be possessed for the purpose of
using them in the hunting of game while such persons are in
the act of hunting, or while on a hunting trip, or while such
persons are competing in a bona fide trap or skeet shoot or
any other organized contest where rifles, pistols, or shotguns
are used. Nothing in this section shall be construed to allow
aliens to hunt or fish in this state without first having obtained
a regular hunting or fishing license. [2009 c 216 § 4.]
9.41.175
9.41.185 Coyote getters. The use of "coyote getters" or
similar spring-triggered shell devices shall not constitute a
violation of any of the laws of the state of Washington when
the use of such "coyote getters" is authorized by the state
department of agriculture and/or the state department of fish
and wildlife in cooperative programs with the United States
Fish and Wildlife Service, for the purpose of controlling or
eliminating coyotes harmful to livestock and game animals
on range land or forest areas. [1999 c 143 § 3; 1988 c 36 § 3;
1965 c 46 § 1.]
9.41.185
9.41.190 Unlawful firearms—Exceptions. (1) It is
unlawful for any person to manufacture, own, buy, sell, loan,
furnish, transport, or have in possession or under control, any
9.41.190
[Title 9 RCW—page 31]
9.41.220
Title 9 RCW: Crimes and Punishments
machine gun, short-barreled shotgun, or short-barreled rifle;
or any part designed and intended solely and exclusively for
use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun,
short-barreled shotgun, or short-barreled rifle; or to assemble
or repair any machine gun, short-barreled shotgun, or shortbarreled rifle.
(2) This section shall not apply to:
(a) Any peace officer in the discharge of official duty or
traveling to or from official duty, or to any officer or member
of the armed forces of the United States or the state of Washington in the discharge of official duty or traveling to or from
official duty; or
(b) A person, including an employee of such person if
the employee has undergone fingerprinting and a background
check, who or which is exempt from or licensed under federal
law, and engaged in the production, manufacture, repair, or
testing of machine guns, short-barreled shotguns, or shortbarreled rifles:
(i) To be used or purchased by the armed forces of the
United States;
(ii) To be used or purchased by federal, state, county, or
municipal law enforcement agencies; or
(iii) For exportation in compliance with all applicable
federal laws and regulations.
(3) It shall be an affirmative defense to a prosecution
brought under this section that the machine gun, short-barreled shotgun, or short-barreled rifle was acquired prior to
July 1, 1994, and is possessed in compliance with federal
law.
(4) Any person violating this section is guilty of a class
C felony. [1994 sp.s. c 7 § 420; 1982 1st ex.s. c 47 § 2; 1933
c 64 § 1; RRS § 2518-1.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.220 Unlawful firearms and parts contraband.
All machine guns, short-barreled shotguns, or short-barreled
rifles, or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or
short-barreled rifle, or in converting a weapon into a machine
gun, short-barreled shotgun, or short-barreled rifle, illegally
held or illegally possessed are hereby declared to be contraband, and it shall be the duty of all peace officers, and/or any
officer or member of the armed forces of the United States or
the state of Washington, to seize said machine gun, short-barreled shotgun, or short-barreled rifle, or parts thereof, wherever and whenever found. [1994 sp.s. c 7 § 421; 1933 c 64 §
4; RRS § 2518-4.]
9.41.220
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.225 Use of machine gun in felony—Penalty. It is
unlawful for a person, in the commission or furtherance of a
felony other than a violation of RCW 9.41.190, to discharge
a machine gun or to menace or threaten with a machine gun,
another person. A violation of this section shall be punished
as a class A felony under chapter 9A.20 RCW. [1989 c 231
§ 3.]
9.41.225
[Title 9 RCW—page 32]
Intent—1989 c 231: "The legislature is concerned about the increasing
number of drug dealers, gang members, and other dangerous criminals who
are increasingly being found in possession of machine guns. The legislature
recognizes that possession of machine guns by dangerous criminals represents a serious threat to law enforcement officers and the general public. The
use of a machine gun in furtherance of a felony is a particularly heinous
crime because of the potential for great harm or death to a large number of
people. It is the intent of the legislature to protect the public safety by deterring the illegal use of machine guns in the furtherance of a felony by creating
a separate offense with severe penalties for such use of a machine gun."
[1989 c 231 § 1.]
9.41.230 Aiming or discharging firearms, dangerous
weapons. (1) For conduct not amounting to a violation of
chapter 9A.36 RCW, any person who:
(a) Aims any firearm, whether loaded or not, at or
towards any human being;
(b) Willfully discharges any firearm, air gun, or other
weapon, or throws any deadly missile in a public place, or in
any place where any person might be endangered thereby. A
public place shall not include any location at which firearms
are authorized to be lawfully discharged; or
(c) Except as provided in RCW 9.41.185, sets a so-called
trap, spring pistol, rifle, or other dangerous weapon,
although no injury results, is guilty of a gross misdemeanor
punishable under chapter 9A.20 RCW.
(2) If an injury results from a violation of subsection (1)
of this section, the person violating subsection (1) of this section shall be subject to the applicable provisions of chapters
9A.32 and 9A.36 RCW. [1994 sp.s. c 7 § 422; 1909 c 249 §
307; 1888 p 100 §§ 2, 3; RRS § 2559.]
9.41.230
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Discharging firearm at railroad rolling stock: RCW 81.60.070.
Additional notes found at www.leg.wa.gov
9.41.240 Possession of pistol by person from eighteen
to twenty-one. Unless an exception under RCW 9.41.042,
9.41.050, or 9.41.060 applies, a person at least eighteen years
of age, but less than twenty-one years of age, may possess a
pistol only:
(1) In the person’s place of abode;
(2) At the person’s fixed place of business; or
(3) On real property under his or her control. [1994 sp.s.
c 7 § 423; 1971 c 34 § 1; 1909 c 249 § 308; 1883 p 67 § 1;
RRS § 2560.]
9.41.240
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.250 Dangerous weapons—Penalty—Exemption
for law enforcement officers. (1) Every person who:
(a) Manufactures, sells, or disposes of or possesses any
instrument or weapon of the kind usually known as slung
shot, sand club, or metal knuckles, or spring blade knife, or
any knife the blade of which is automatically released by a
spring mechanism or other mechanical device, or any knife
having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or
centrifugal thrust or movement;
(b) Furtively carries with intent to conceal any dagger,
dirk, pistol, or other dangerous weapon; or
9.41.250
(2010 Ed.)
Firearms and Dangerous Weapons
(c) Uses any contrivance or device for suppressing the
noise of any firearm,
is guilty of a gross misdemeanor punishable under chapter
9A.20 RCW.
(2) Subsection (1)(a) of this section does not apply to:
(a) The possession of a spring blade knife by a law
enforcement officer while the officer:
(i) Is on official duty; or
(ii) Is transporting the knife to or from the place where
the knife is stored when the officer is not on official duty; or
(b) The storage of a spring blade knife by a law enforcement officer. [2007 c 379 § 1; 1994 sp.s. c 7 § 424; 1959 c
143 § 1; 1957 c 93 § 1; 1909 c 249 § 265; 1886 p 81 § 1; Code
1881 § 929; RRS § 2517.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.260 Dangerous exhibitions. Every proprietor, lessee, or occupant of any place of amusement, or any plat of
ground or building, who allows it to be used for the exhibition
of skill in throwing any sharp instrument or in shooting any
bow gun or firearm of any description, at or toward any
human being, is guilty of a misdemeanor punishable under
chapter 9A.20 RCW. [1994 sp.s. c 7 § 425; 1909 c 249 § 283;
RRS § 2535.]
9.41.260
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Fireworks: Chapter 70.77 RCW.
Additional notes found at www.leg.wa.gov
9.41.270 Weapons apparently capable of producing
bodily harm—Unlawful carrying or handling—Penalty—Exceptions. (1) It shall be unlawful for any person to
carry, exhibit, display, or draw any firearm, dagger, sword,
knife or other cutting or stabbing instrument, club, or any
other weapon apparently capable of producing bodily harm,
in a manner, under circumstances, and at a time and place that
either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
(2) Any person violating the provisions of subsection (1)
above shall be guilty of a gross misdemeanor. If any person is
convicted of a violation of subsection (1) of this section, the
person shall lose his or her concealed pistol license, if any.
The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued
the license.
(3) Subsection (1) of this section shall not apply to or
affect the following:
(a) Any act committed by a person while in his or her
place of abode or fixed place of business;
(b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for
offenses, while in the performance of such duty;
(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another
against the use of such unlawful force by a third person;
(d) Any person making or assisting in making a lawful
arrest for the commission of a felony; or
9.41.270
(2010 Ed.)
9.41.280
(e) Any person engaged in military activities sponsored
by the federal or state governments. [1994 sp.s. c 7 § 426;
1969 c 8 § 1.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.280 Possessing dangerous weapons on school
facilities—Penalty—Exceptions. (1) It is unlawful for a
person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided
transportation, or areas of facilities while being used exclusively by public or private schools:
(a) Any firearm;
(b) Any other dangerous weapon as defined in RCW
9.41.250;
(c) Any device commonly known as "nun-chu-ka
sticks", consisting of two or more lengths of wood, metal,
plastic, or similar substance connected with wire, rope, or
other means;
(d) Any device, commonly known as "throwing stars",
which are multi-pointed, metal objects designed to embed
upon impact from any aspect;
(e) Any air gun, including any air pistol or air rifle,
designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas; or
(f)(i) Any portable device manufactured to function as a
weapon and which is commonly known as a stun gun, including a projectile stun gun which projects wired probes that are
attached to the device that emit an electrical charge designed
to administer to a person or an animal an electric shock,
charge, or impulse; or
(ii) Any device, object, or instrument which is used or
intended to be used as a weapon with the intent to injure a
person by an electric shock, charge, or impulse.
(2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1)(a) of this section, the
person shall have his or her concealed pistol license, if any
revoked for a period of three years. Anyone convicted under
this subsection is prohibited from applying for a concealed
pistol license for a period of three years. The court shall send
notice of the revocation to the department of licensing, and
the city, town, or county which issued the license.
Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for
expulsion from the state’s public schools in accordance with
RCW 28A.600.010. An appropriate school authority shall
promptly notify law enforcement and the student’s parent or
guardian regarding any allegation or indication of such violation.
Upon the arrest of a person at least twelve years of age
and not more than twenty-one years of age for violating subsection (1)(a) of this section, the person shall be detained or
confined in a juvenile or adult facility for up to seventy-two
hours. The person shall not be released within the seventytwo hours until after the person has been examined and evaluated by the designated mental health professional unless the
court in its discretion releases the person sooner after a determination regarding probable cause or on probation bond or
bail.
9.41.280
[Title 9 RCW—page 33]
9.41.290
Title 9 RCW: Crimes and Punishments
Within twenty-four hours of the arrest, the arresting law
enforcement agency shall refer the person to the designated
mental health professional for examination and evaluation
under chapter 71.05 or 71.34 RCW and inform a parent or
guardian of the person of the arrest, detention, and examination. The designated mental health professional shall examine and evaluate the person subject to the provisions of chapter 71.05 or 71.34 RCW. The examination shall occur at the
facility in which the person is detained or confined. If the
person has been released on probation, bond, or bail, the
examination shall occur wherever is appropriate.
The designated mental health professional may determine whether to refer the person to the county-designated
chemical dependency specialist for examination and evaluation in accordance with chapter 70.96A RCW. The countydesignated chemical dependency specialist shall examine the
person subject to the provisions of chapter 70.96A RCW.
The examination shall occur at the facility in which the person is detained or confined. If the person has been released
on probation, bond, or bail, the examination shall occur wherever is appropriate.
Upon completion of any examination by the designated
mental health professional or the county-designated chemical
dependency specialist, the results of the examination shall be
sent to the court, and the court shall consider those results in
making any determination about the person.
The designated mental health professional and countydesignated chemical dependency specialist shall, to the
extent permitted by law, notify a parent or guardian of the
person that an examination and evaluation has taken place
and the results of the examination. Nothing in this subsection
prohibits the delivery of additional, appropriate mental health
examinations to the person while the person is detained or
confined.
If the designated mental health professional determines
it is appropriate, the designated mental health professional
may refer the person to the local regional support network for
follow-up services or the department of social and health services or other community providers for other services to the
family and individual.
(3) Subsection (1) of this section does not apply to:
(a) Any student or employee of a private military academy when on the property of the academy;
(b) Any person engaged in military, law enforcement, or
school district security activities. However, a person who is
not a commissioned law enforcement officer and who provides school security services under the direction of a school
administrator may not possess a device listed in subsection
(1)(f) of this section unless he or she has successfully completed training in the use of such devices that is equivalent to
the training received by commissioned law enforcement
officers;
(c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors
or instructors are handled or displayed;
(d) Any person while the person is participating in a firearms or air gun competition approved by the school or school
district;
(e) Any person in possession of a pistol who has been
issued a license under RCW 9.41.070, or is exempt from the
[Title 9 RCW—page 34]
licensing requirement by RCW 9.41.060, while picking up or
dropping off a student;
(f) Any nonstudent at least eighteen years of age legally
in possession of a firearm or dangerous weapon that is
secured within an attended vehicle or concealed from view
within a locked unattended vehicle while conducting legitimate business at the school;
(g) Any nonstudent at least eighteen years of age who is
in lawful possession of an unloaded firearm, secured in a
vehicle while conducting legitimate business at the school; or
(h) Any law enforcement officer of the federal, state, or
local government agency.
(4) Subsections (1)(c) and (d) of this section do not apply
to any person who possesses nun-chu-ka sticks, throwing
stars, or other dangerous weapons to be used in martial arts
classes authorized to be conducted on the school premises.
(5) Subsection (1)(f)(i) of this section does not apply to
any person who possesses a device listed in subsection
(1)(f)(i) of this section, if the device is possessed and used
solely for the purpose approved by a school for use in a
school authorized event, lecture, or activity conducted on the
school premises.
(6) Except as provided in subsection (3)(b), (c), (f), and
(h) of this section, firearms are not permitted in a public or
private school building.
(7) "GUN-FREE ZONE" signs shall be posted around
school facilities giving warning of the prohibition of the possession of firearms on school grounds. [2009 c 453 § 1; 1999
c 167 § 1; 1996 c 295 § 13; 1995 c 87 § 1; 1994 sp.s. c 7 §
427; 1993 c 347 § 1; 1989 c 219 § 1; 1982 1st ex.s. c 47 § 4.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.290 State preemption. The state of Washington
hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including
the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or
any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and
counties or other municipalities may enact only those laws
and ordinances relating to firearms that are specifically
authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the
same penalty as provided for by state law. Local laws and
ordinances that are inconsistent with, more restrictive than, or
exceed the requirements of state law shall not be enacted and
are preempted and repealed, regardless of the nature of the
code, charter, or home rule status of such city, town, county,
or municipality. [1994 sp.s. c 7 § 428; 1985 c 428 § 1; 1983
c 232 § 12.]
9.41.290
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.300 Weapons prohibited in certain places—
Local laws and ordinances—Exceptions—Penalty. (1) It
is unlawful for any person to enter the following places when
he or she knowingly possesses or knowingly has under his or
her control a weapon:
9.41.300
(2010 Ed.)
Firearms and Dangerous Weapons
(a) The restricted access areas of a jail, or of a law
enforcement facility, or any place used for the confinement of
a person (i) arrested for, charged with, or convicted of an
offense, (ii) held for extradition or as a material witness, or
(iii) otherwise confined pursuant to an order of a court,
except an order under chapter 13.32A or 13.34 RCW.
Restricted access areas do not include common areas of
egress or ingress open to the general public;
(b) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury
rooms, judge’s chambers, offices and areas used to conduct
court business, waiting areas, and corridors adjacent to areas
used in connection with court proceedings. The restricted
areas do not include common areas of ingress and egress to
the building that is used in connection with court proceedings, when it is possible to protect court areas without
restricting ingress and egress to the building. The restricted
areas shall be the minimum necessary to fulfill the objective
of this subsection (1)(b).
For purposes of this subsection (1)(b), "weapon" means
any firearm, explosive as defined in RCW 70.74.010, or any
weapon of the kind usually known as slung shot, sand club, or
metal knuckles, or any knife, dagger, dirk, or other similar
weapon that is capable of causing death or bodily injury and
is commonly used with the intent to cause death or bodily
injury.
In addition, the local legislative authority shall provide
either a stationary locked box sufficient in size for pistols and
key to a weapon owner for weapon storage, or shall designate
an official to receive weapons for safekeeping, during the
owner’s visit to restricted areas of the building. The locked
box or designated official shall be located within the same
building used in connection with court proceedings. The
local legislative authority shall be liable for any negligence
causing damage to or loss of a weapon either placed in a
locked box or left with an official during the owner’s visit to
restricted areas of the building.
The local judicial authority shall designate and clearly
mark those areas where weapons are prohibited, and shall
post notices at each entrance to the building of the prohibition
against weapons in the restricted areas;
(c) The restricted access areas of a public mental health
facility certified by the department of social and health services for inpatient hospital care and state institutions for the
care of the mentally ill, excluding those facilities solely for
evaluation and treatment. Restricted access areas do not
include common areas of egress and ingress open to the general public;
(d) That portion of an establishment classified by the
state liquor control board as off-limits to persons under
twenty-one years of age; or
(e) The restricted access areas of a commercial service
airport designated in the airport security plan approved by the
federal transportation security administration, including passenger screening checkpoints at or beyond the point at which
a passenger initiates the screening process. These areas do
not include airport drives, general parking areas and walkways, and shops and areas of the terminal that are outside the
screening checkpoints and that are normally open to
unscreened passengers or visitors to the airport. Any
restricted access area shall be clearly indicated by prominent
(2010 Ed.)
9.41.300
signs indicating that firearms and other weapons are prohibited in the area.
(2) Cities, towns, counties, and other municipalities may
enact laws and ordinances:
(a) Restricting the discharge of firearms in any portion of
their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be
jeopardized. Such laws and ordinances shall not abridge the
right of the individual guaranteed by Article I, section 24 of
the state Constitution to bear arms in defense of self or others;
and
(b) Restricting the possession of firearms in any stadium
or convention center, operated by a city, town, county, or
other municipality, except that such restrictions shall not
apply to:
(i) Any pistol in the possession of a person licensed
under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or
(ii) Any showing, demonstration, or lecture involving
the exhibition of firearms.
(3)(a) Cities, towns, and counties may enact ordinances
restricting the areas in their respective jurisdictions in which
firearms may be sold, but, except as provided in (b) of this
subsection, a business selling firearms may not be treated
more restrictively than other businesses located within the
same zone. An ordinance requiring the cessation of business
within a zone shall not have a shorter grandfather period for
businesses selling firearms than for any other businesses
within the zone.
(b) Cities, towns, and counties may restrict the location
of a business selling firearms to not less than five hundred
feet from primary or secondary school grounds, if the business has a storefront, has hours during which it is open for
business, and posts advertisements or signs observable to
passersby that firearms are available for sale. A business
selling firearms that exists as of the date a restriction is
enacted under this subsection (3)(b) shall be grandfathered
according to existing law.
(4) Violations of local ordinances adopted under subsection (2) of this section must have the same penalty as provided for by state law.
(5) The perimeter of the premises of any specific location covered by subsection (1) of this section shall be posted
at reasonable intervals to alert the public as to the existence of
any law restricting the possession of firearms on the premises.
(6) Subsection (1) of this section does not apply to:
(a) A person engaged in military activities sponsored by
the federal or state governments, while engaged in official
duties;
(b) Law enforcement personnel, except that subsection
(1)(b) of this section does apply to a law enforcement officer
who is present at a courthouse building as a party to an action
under chapter 10.14, 10.99, or 26.50 RCW, or an action under
Title 26 RCW where any party has alleged the existence of
domestic violence as defined in RCW 26.50.010; or
(c) Security personnel while engaged in official duties.
(7) Subsection (1)(a) of this section does not apply to a
person licensed pursuant to RCW 9.41.070 who, upon entering the place or facility, directly and promptly proceeds to the
administrator of the facility or the administrator’s designee
[Title 9 RCW—page 35]
9.41.310
Title 9 RCW: Crimes and Punishments
and obtains written permission to possess the firearm while
on the premises or checks his or her firearm. The person may
reclaim the firearms upon leaving but must immediately and
directly depart from the place or facility.
(8) Subsection (1)(c) of this section does not apply to any
administrator or employee of the facility or to any person
who, upon entering the place or facility, directly and
promptly proceeds to the administrator of the facility or the
administrator’s designee and obtains written permission to
possess the firearm while on the premises.
(9) Subsection (1)(d) of this section does not apply to the
proprietor of the premises or his or her employees while
engaged in their employment.
(10) Any person violating subsection (1) of this section
is guilty of a gross misdemeanor.
(11) "Weapon" as used in this section means any firearm,
explosive as defined in RCW 70.74.010, or instrument or
weapon listed in RCW 9.41.250. [2008 c 33 § 1. Prior: 2004
c 116 § 1; 2004 c 16 § 1; 1994 sp.s. c 7 § 429; 1993 c 396 §
1; 1985 c 428 § 2.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.310 Information pamphlet. After a public hearing, the department of fish and wildlife shall publish a pamphlet on firearms safety and the legal limits of the use of firearms. The pamphlet shall include current information on firearms laws and regulations and state preemption of local
firearms laws. This pamphlet may be used in the department’s hunter safety education program and shall be provided to the department of licensing for distribution to firearms dealers and persons authorized to issue concealed pistol
licenses. The department of fish and wildlife shall reimburse
the department of licensing for costs associated with distribution of the pamphlet. [1994 c 264 § 2; 1988 c 36 § 4; 1985 c
428 § 5.]
9.41.310
Additional notes found at www.leg.wa.gov
9.41.320 Fireworks. Nothing in this chapter shall prohibit the possession, sale, or use of fireworks when possessed, sold, or used in compliance with chapter 70.77 RCW.
[1994 c 133 § 16.]
9.41.320
Additional notes found at www.leg.wa.gov
9.41.800 Surrender of weapons or licenses—Prohibition on future possession or licensing. (1) Any court when
entering an order authorized under RCW 9A.46.080,
10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060,
26.10.040, 26.10.115, 26.26.130, 26.50.060, 26.50.070, or
26.26.590 shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened to use
a firearm or other dangerous weapon in a felony, or previously committed any offense that makes him or her ineligible
to possess a firearm under the provisions of RCW 9.41.040:
(a) Require the party to surrender any firearm or other
dangerous weapon;
(b) Require the party to surrender any concealed pistol
license issued under RCW 9.41.070;
(c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
(d) Prohibit the party from obtaining or possessing a concealed pistol license.
(2) Any court when entering an order authorized under
RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045,
26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130,
26.50.060, 26.50.070, or 26.26.590 may, upon a showing by
a preponderance of the evidence but not by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a felony,
or previously committed any offense that makes him or her
ineligible to possess a pistol under the provisions of RCW
9.41.040:
(a) Require the party to surrender any firearm or other
dangerous weapon;
(b) Require the party to surrender a concealed pistol
license issued under RCW 9.41.070;
(c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
(d) Prohibit the party from obtaining or possessing a concealed pistol license.
(3) The court may order temporary surrender of a firearm
or other dangerous weapon without notice to the other party
if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not
issued until the time for response has elapsed.
(4) In addition to the provisions of subsections (1), (2),
and (3) of this section, the court may enter an order requiring
a party to comply with the provisions in subsection (1) of this
section if it finds that the possession of a firearm or other dangerous weapon by any party presents a serious and imminent
threat to public health or safety, or to the health or safety of
any individual.
(5) The requirements of subsections (1), (2), and (4) of
this section may be for a period of time less than the duration
of the order.
(6) The court may require the party to surrender any firearm or other dangerous weapon in his or her immediate possession or control or subject to his or her immediate possession or control to the sheriff of the county having jurisdiction
of the proceeding, the chief of police of the municipality having jurisdiction, or to the restrained or enjoined party’s counsel or to any person designated by the court. [2002 c 302 §
704; 1996 c 295 § 14; 1994 sp.s. c 7 § 430.]
9.41.800
[Title 9 RCW—page 36]
Application—Construction—Short title—Severability—2002 c
302: See RCW 26.26.903, 26.26.911, and 26.26.912.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.41.810
9.41.810 Penalty. Any violation of any provision of
this chapter, except as otherwise provided, shall be a misdemeanor and punishable accordingly. [1984 c 258 § 312; 1983
c 232 § 11; 1983 c 3 § 7; 1961 c 124 § 12; 1935 c 172 § 16;
RRS § 2516-16. Formerly RCW 9.41.160.]
Intent—1984 c 258: See note following RCW 3.34.130.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Petition Misconduct
Chapter 9.44
Chapter 9.44 RCW
PETITION MISCONDUCT
Sections
9.44.080
Misconduct in signing a petition.
9.44.080 Misconduct in signing a petition. In a situation not covered by *RCW 29.79.440, 29.79.490, 29.82.170,
or 29.82.220, every person who shall willfully sign the name
of another person or of a fictitious person, or for any consideration, gratuity or reward shall sign his own name to or withdraw his name from any referendum or other petition circulated in pursuance of any law of this state or any municipal
ordinance; or in signing his name to such petition shall willfully subscribe to any false statement concerning his age, citizenship, residence or other qualifications to sign the same; or
knowing that any such petition contains any such false or
wrongful signature or statement, shall file the same, or put the
same off with intent that it should be filed, as a true and genuine petition, shall be guilty of a misdemeanor. [1999 c 143
§ 4; 1909 c 249 § 337; RRS § 2589.]
9.45.060
Fraud by engraver of public bonds: RCW 39.44.101.
Fraudulent conveyances: Chapter 19.40 RCW.
Insurance
agent, etc., appropriating funds, etc.: RCW 48.17.480.
fraud and unfair practices: Chapter 48.30 RCW.
Insured property, fraudulent injury or destruction: RCW 48.30.220.
9.44.080
*Reviser’s note: RCW 29.79.440, 29.79.490, 29.82.170, and
29.82.220 were recodified as RCW 29A.84.230, 29A.84.250, 29A.84.240,
and 29A.84.220, respectively, pursuant to 2003 c 111 § 2401, effective July
1, 2004.
Forgery: RCW 9A.60.020.
Initiative and referendum petition forgery: RCW 29A.84.230, 29A.84.250.
Recall petition forgery: RCW 29A.84.240, 29A.84.220.
Chapter 9.45
Chapter 9.45 RCW
FRAUDS AND SWINDLES
Sections
9.45.020
9.45.060
9.45.070
9.45.080
9.45.090
9.45.100
9.45.122
9.45.124
9.45.126
9.45.160
9.45.170
9.45.210
9.45.220
9.45.260
9.45.270
Substitution of child.
Encumbered, leased, or rented personal property—Construction.
Mock auctions.
Fraudulent removal of property.
Knowingly receiving fraudulent conveyance.
Fraud in assignment for benefit of creditors.
Measurement of commodities—Public policy.
Measurement of commodities—Measuring inaccurately—
Altering measuring devices—Penalty.
Measurement of commodities—Inducing violations—Penalty.
Fraud in liquor warehouse receipts.
Penalty.
Altering sample or certificate of assay.
Making false sample or assay of ore.
Fire protection sprinkler system contractors—Wrongful acts.
Fraudulent filing of vehicle report of sale.
Intent to defraud: RCW 10.58.040.
Land registration fraud: RCW 65.12.750.
Motor vehicle
certificates of ownership, falsifying: RCW 46.12.210, 46.12.220.
dealers: RCW 46.70.180.
fuel tax fraud: RCW 82.36.330, 82.36.380 through 82.36.400.
Mutual savings banks
falsification of books, etc.: RCW 32.04.100.
transfers due to insolvency: RCW 32.24.080.
Obtaining employment by false recommendation: RCW 49.44.040.
Ownership of property, proof of: RCW 10.58.060.
Public assistance fraud: RCW 74.08.055, 74.08.331.
Savings and loan associations
falsification of books, etc.: RCW 33.36.040.
illegal loans and purchasing at discount by employees: RCW 33.36.010,
33.36.020.
preferential transfers of property: RCW 33.36.030.
Sporting contest fraud: RCW 67.24.010.
State employees’ retirement, falsification of statements, etc.: RCW
41.40.055.
State patrol retirement fund, falsifications: RCW 43.43.320.
Tax assessed property, removal to avoid payment: RCW 84.56.120,
84.56.200.
Teachers’ retirement, falsification of statements, etc.: RCW 41.32.055.
Wages, rebating, etc., by employers: RCW 49.52.050, 49.52.090.
Warehouseman or common carrier issuing false documents: Chapter 22.32
RCW.
9.45.020 Substitution of child. Every person to whom
a child has been confided for nursing, education or any other
purpose, who, with intent to deceive a person, guardian or
relative of such child, shall substitute or produce to such parent, guardian or relative, another child or person in the place
of the child so confided, is guilty of a class B felony and shall
be punished by imprisonment in a state correctional facility
for not more than ten years. [2003 c 53 § 29; 1992 c 7 § 9;
1909 c 249 § 123; RRS § 2375.]
9.45.020
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.45.060 Encumbered, leased, or rented personal
property—Construction. Every person being in possession
thereof, who shall sell, remove, conceal, convert to his own
use, or destroy or connive at or consent to the sale, removal,
conversion, concealment or destruction of any personal property or any part thereof, upon which a security agreement,
mortgage, lien, conditional sales contract, rental agreement,
or lease exists, with intent to hinder, delay, or defraud the
secured party of such security agreement, or the holder of
such mortgage, lien, or conditional sales contract or the lessor
under such lease or rentor of [under] such rental agreement,
or any assignee of such security agreement, mortgage, lien,
conditional sales contract, rental agreement or lease shall be
guilty of a gross misdemeanor.
In any prosecution under this section any allegation containing a description of the security agreement, mortgage,
9.45.060
Bank or trust company
falsification or destruction of records: RCW 30.12.090, 30.12.100.
preferential transfers: RCW 30.44.110.
receiving deposits when insolvent: RCW 30.44.120.
using name of unlawfully: RCW 30.04.020.
"Bushing" by motor vehicle dealers: RCW 46.70.180(4).
Cemeteries, representing fund as perpetual: RCW 68.40.085.
Cigarette tax fraud: RCW 82.24.110.
Domestic insurers, illegal or corrupt practices: RCW 48.06.190, 48.07.060,
48.08.040.
Election fraud: Chapter 29A.84 RCW.
Employment agent, fraud: RCW 49.44.050.
Falsification of books of credit union: Chapter 31.12 RCW.
Fish and wildlife, false or misleading information: RCW 77.15.270.
Food, drugs, and cosmetics: RCW 69.04.040, 69.04.060, 69.04.070.
Fraud: Chapter 9A.60 RCW.
(2010 Ed.)
[Title 9 RCW—page 37]
9.45.070
Title 9 RCW: Crimes and Punishments
lien, conditional sales contract, rental agreement, or lease by
reference to the date thereof and names of the parties thereto,
shall be sufficiently definite and certain.
The provisions of this section shall be cumulative and
nonexclusive and shall not affect any other criminal provision. [1971 c 61 § 1; 1965 ex.s. c 109 § 1; 1909 c 249 § 377;
RRS § 2629.]
Destruction or removal of fixtures, etc., from mortgaged real property:
RCW 61.12.030.
Larceny, sale of mortgaged property: Chapter 9A.56 RCW.
9.45.070 Mock auctions. Every person who shall
obtain any money or property from another or shall obtain the
signature of another to any writing the false making of which
would be forgery, by color or aid of any false or fraudulent
sale of property or pretended sale of property by auction, or
by any of the practices known as mock auction, shall be punished by imprisonment in a state correctional facility for not
more than five years or in the county jail for not more than
one year, or by a fine of not more than one thousand dollars,
or by both fine and imprisonment.
Every person who shall buy or sell or pretend to buy or
sell any goods, wares or merchandise, exposed to sale by auction, if an actual sale, purchase and change of ownership
therein does not thereupon take place, shall be guilty of a misdemeanor. [1992 c 7 § 10; 1909 c 249 § 378; RRS § 2630.]
9.45.070
Auctioneering without license: RCW 36.71.070.
Auctioneers: Chapter 18.11 RCW.
9.45.080 Fraudulent removal of property. Every person who, with intent to defraud a prior or subsequent purchaser thereof, or prevent any of his property being made liable for the payment of any of his debts, or levied upon by an
execution or warrant of attachment, shall remove any of his
property, or secrete, assign, convey or otherwise dispose of
the same, or with intent to defraud a creditor shall remove,
secrete, assign, convey or otherwise dispose of any of his
books or accounts, vouchers or writings in any way relating
to his business affairs, or destroy, obliterate, alter or erase any
of such books of account, accounts, vouchers or writing or
any entry, memorandum or minute therein contained, shall be
guilty of a gross misdemeanor. [1909 c 249 § 379; RRS §
2631.]
9.45.080
9.45.090 Knowingly receiving fraudulent conveyance. Every person who shall receive any property or conveyance thereof from another, knowing that the same is transferred or delivered to him in violation of, or with the intent to
violate RCW 9.45.080, shall be guilty of a misdemeanor.
[1909 c 249 § 380; RRS § 2632.]
9.45.090
9.45.100 Fraud in assignment for benefit of creditors.
Every person who, having made, or being about to make, a
general assignment of his property to pay his debts, shall by
color or aid of any false or fraudulent representation, pretense, token or writing induce any creditor to participate in
the benefits of such assignments, or to give any release or discharge of his claim or any part thereof, or shall connive at the
payment in whole or in part of any false, fraudulent or ficti9.45.100
[Title 9 RCW—page 38]
tious claim, shall be guilty of a gross misdemeanor. [1909 c
249 § 381; RRS § 2633.]
Assignment for benefit of creditors: Chapter 7.08 RCW.
Banks and trust companies, preferential transfers: RCW 30.44.110.
Mutual savings banks, transfer of assets due to insolvency: RCW 32.24.080.
9.45.122 Measurement of commodities—Public policy. Because of the widespread importance to the marketing
of goods, raw materials, and agricultural products such as,
but not limited to, grains, timber, logs, wood chips, scrap
metal, oil, gas, petroleum products, coal, fish and other commodities, that qualitative and quantitative measurements of
such goods, materials and products be accurately and honestly made, it is declared to be the public policy of this state
that certain conduct with respect to said measurement be
declared unlawful. [1967 c 200 § 1.]
9.45.122
Weights and measures: Chapter 19.94 RCW.
Additional notes found at www.leg.wa.gov
9.45.124 Measurement of commodities—Measuring
inaccurately—Altering measuring devices—Penalty.
Every person, corporation, or association whether profit or
nonprofit, who shall ask or receive, or conspire to ask or
receive, directly or indirectly, any compensation, gratuity, or
reward or any promise thereof, on any agreement or understanding that he or she shall (1) intentionally make an inaccurate visual or mechanical measurement or an intentionally
inaccurate recording of any visual or mechanical measurement of goods, raw materials, and agricultural products
(whether severed or unsevered from the land) which he or she
has or will have the duty to measure, or shall (2) intentionally
change, alter or affect, for the purpose of making an inaccurate measurement, any equipment or other device which is
designed to measure, either qualitatively or quantitatively,
such goods, raw materials, and agricultural products, or shall
intentionally alter the recordation of such measurements, is
guilty of a class B felony, punishable by imprisonment in a
state correctional facility for not more than ten years, or by a
fine of not more than five thousand dollars, or both. [2003 c
53 § 30; 1992 c 7 § 11; 1967 c 200 § 2.]
9.45.124
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.45.126 Measurement of commodities—Inducing
violations—Penalty. Every person who shall give, offer or
promise, or conspire to give, offer or promise, directly or
indirectly, any compensation, gratuity or reward to any person, corporation, independent contractor, or agent, employee
or servant thereof with intent to violate RCW 9.45.124, is
guilty of a class B felony, punishable by imprisonment in a
state correctional facility for not more than ten years, or by a
fine of not more than five thousand dollars, or both. [2003 c
53 § 31; 1992 c 7 § 12; 1967 c 200 § 3.]
9.45.126
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.45.160 Fraud in liquor warehouse receipts. It shall
be unlawful for any person, firm, association or corporation
to make, utter, circulate, sell or offer for sale any certificate of
any warehouse, distillery or depository for intoxicating
9.45.160
(2010 Ed.)
Gambling—1973 Act
liquors unless the identical liquor mentioned in such certificate is in the possession of the warehouse, distillery or depository mentioned in such certificate fully paid for, so that the
owners and holder of such certificate will be entitled to obtain
such intoxicating liquors without the payment of any additional sum except the tax of the government and the tax of the
state, county and city in which such warehouse, distillery or
depository may be located, and any storage charges. [1909 c
202 § 1. No RRS.]
9.45.170 Penalty. Any person violating any of the provisions of RCW 9.45.160, shall, upon conviction thereof, be
punished by imprisonment in the penitentiary for not more
than five years nor less than one year, or imprisonment in the
county jail for any length of time not exceeding one year.
[1909 c 202 § 2. No RRS.]
9.45.170
9.45.210 Altering sample or certificate of assay. Any
person who shall interfere with or in any manner change samples of ores or bullion produced for sampling, or change or
alter samples or packages of ores or bullion which have been
purchased for assaying, or who shall change or alter any certificate of sampling or assaying, with intent to cheat, wrong
or defraud, is guilty of a class C felony, punishable by imprisonment in a state correctional facility for not less than one
year nor more than five years, or by a fine of not less than
fifty nor more than one thousand dollars, or by both such fine
and imprisonment. [2003 c 53 § 32; 1890 p 99 § 2; RRS §
2712.]
9.45.210
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.45.220 Making false sample or assay of ore. Any
person who shall, with intent to cheat, wrong or defraud,
make or publish a false sample of ore or bullion, or who shall
make or publish or cause to be published a false assay of ore
or bullion, is guilty of a class C felony, punishable by imprisonment in a state correctional facility for not less than one
year nor more than five years, or by a fine of not less than
fifty nor more than one thousand dollars, or by both such fine
and imprisonment. [2003 c 53 § 33; 1890 p 99 § 3; RRS §
2713.]
9.45.220
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.45.260 Fire protection sprinkler system contractors—Wrongful acts. Any fire protection sprinkler system
contractor, defined under RCW 18.160.010, who willfully
and maliciously constructs, installs, or maintains a fire protection sprinkler system in any structure so as to threaten the
safety of any occupant or user of the structure in the event of
a fire, is guilty of a class C felony. This section may not be
construed to create any criminal liability for a prime contractor or an owner of a structure unless it is proved that the prime
contractor or owner had actual knowledge of an illegal construction, installation, or maintenance of a fire protection
sprinkler system by a fire protection sprinkler system contractor. [1992 c 116 § 1.]
9.45.260
Fire protection sprinkler system contractors, licensing and regulation:
Chapter 18.160 RCW.
(2010 Ed.)
Chapter 9.46
9.45.270 Fraudulent filing of vehicle report of sale.
Every person who files a vehicle report of sale without the
knowledge of the transferee shall be guilty of fraudulent filing of vehicle report of sale and shall be punished as follows:
(1) Where the victim incurred damages in an amount less
than two hundred fifty dollars, the defendant is guilty of a
gross misdemeanor.
(2) Where the victim incurred damages in an amount
exceeding two hundred fifty dollars, the defendant is guilty of
a class C felony.
(3) Where the victim incurred damages in an amount
exceeding one thousand five hundred dollars, the defendant is
guilty of a class B felony. [2006 c 291 § 1.]
9.45.270
Chapter 9.46
Chapter 9.46 RCW
GAMBLING—1973 ACT
Sections
9.46.010
9.46.0201
9.46.0205
9.46.0209
9.46.0213
9.46.0217
9.46.0221
9.46.0225
9.46.0229
9.46.0233
9.46.0237
9.46.0241
9.46.0245
9.46.0249
9.46.0253
9.46.0257
9.46.0261
9.46.0265
9.46.0269
9.46.0273
9.46.0277
9.46.0282
9.46.0285
9.46.0289
9.46.0305
9.46.0311
9.46.0315
9.46.0321
9.46.0325
9.46.0331
9.46.0335
9.46.0341
9.46.0345
9.46.0351
9.46.0356
9.46.0361
9.46.039
9.46.040
9.46.050
9.46.060
9.46.070
9.46.0701
9.46.071
9.46.072
9.46.075
9.46.077
9.46.080
9.46.085
9.46.090
9.46.095
Legislative declaration.
"Amusement game."
"Bingo."
"Bona fide charitable or nonprofit organization."
"Bookmaking."
"Commercial stimulant."
"Commission."
"Contest of chance."
"Fishing derby."
"Fund-raising event."
"Gambling."
"Gambling device."
"Gambling information."
"Gambling premises."
"Gambling record."
"Lottery."
"Member," "bona fide member."
"Player."
"Professional gambling."
"Punchboards," "pull-tabs."
"Raffle."
"Social card game."
"Thing of value."
"Whoever," "person."
Dice or coin contests for music, food, or beverage payment.
Charitable, nonprofit organizations—Authorized gambling
activities.
Raffles—No license required, when.
Bingo, raffles, amusement games—No license required, when.
Social card games, punchboards, pull-tabs authorized.
Amusement games authorized—Minimum rules.
Sports pools authorized.
Golfing sweepstakes authorized.
Bowling sweepstakes authorized.
Social card, dice games—Use of premises of charitable, nonprofit organizations.
Promotional contests of chance authorized.
Turkey shoots authorized.
Greyhound racing prohibited.
Gambling commission—Members—Appointment—Vacancies, filling.
Gambling commission—Chairman—Quorum—Meetings—
Compensation and travel expenses—Bond—Removal.
Gambling commission—Counsel—Audits—Payment for.
Gambling commission—Powers and duties.
Charitable or nonprofit organizations—Sharing facilities.
Information for pathological gamblers—Fee increases.
Pathological gambling behavior—Warning.
Gambling commission—Denial, suspension, or revocation of
license, permit—Other provisions not applicable.
Gambling commission—Vacation of certain suspensions upon
payment of monetary penalty.
Gambling commission—Administrator—Staff—Rules and
regulations—Service contracts.
Gambling commission—Members and employees—Activities
prohibited.
Gambling commission—Reports.
Gambling commission—Proceedings against, jurisdiction—
Immunity from liability.
[Title 9 RCW—page 39]
9.46.010
9.46.100
9.46.110
9.46.113
9.46.116
9.46.120
9.46.130
9.46.140
9.46.150
9.46.153
9.46.155
9.46.158
9.46.160
9.46.170
9.46.180
9.46.185
9.46.190
9.46.192
9.46.193
9.46.195
9.46.196
9.46.1961
9.46.1962
9.46.198
9.46.200
9.46.210
9.46.215
9.46.217
9.46.220
9.46.221
9.46.222
9.46.225
9.46.228
9.46.231
9.46.235
9.46.240
9.46.250
9.46.260
9.46.270
9.46.285
9.46.291
9.46.293
9.46.295
9.46.300
9.46.310
9.46.350
9.46.360
9.46.36001
9.46.400
9.46.410
9.46.420
9.46.900
9.46.901
9.46.902
9.46.903
Title 9 RCW: Crimes and Punishments
Gambling revolving fund—Created—Receipts—Disbursements—Use.
Taxation of gambling activities—Limitations—Restrictions
on punchboards and pull-tabs—Lien.
Taxation of gambling activities—Disbursement.
Fees on pull-tab and punchboard sales.
Restrictions on management or operation personnel—Restriction on leased premises.
Inspection and audit of premises, paraphernalia, books, and
records—Reports for the commission.
Gambling commission—Investigations—Inspections—Hearing and subpoena power—Administrative law judges.
Injunctions—Voiding of licenses, permits, or certificates.
Applicants and licensees—Responsibilities and duties—
Waiver of liability—Investigation statement as privileged.
Applicants and licensees—Bribes to public officials, employees, agents—Penalty.
Applicants, licensees, operators—Commission approval for
hiring certain persons.
Conducting activity without license.
False or misleading entries or statements, refusal to produce
records.
Causing person to violate chapter.
Causing person to violate rule or regulation.
Violations relating to fraud or deceit.
Cities and towns—Ordinance enacting certain sections of
chapter—Limitations—Penalties.
Cities and towns—Ordinance adopting certain sections of
chapter—Jurisdiction of courts.
Obstruction of public servant—Penalty.
Cheating—Defined.
Cheating in the first degree.
Cheating in the second degree.
Working in gambling activity without license as violation—
Penalty.
Action for money damages due to violations—Interest—
Attorneys’ fees—Evidence for exoneration.
Enforcement—Commission as a law enforcement agency.
Ownership or interest in gambling device—Penalty—Exceptions.
Gambling records—Penalty—Exceptions.
Professional gambling in the first degree.
Professional gambling in the second degree.
Professional gambling in the third degree.
Professional gambling—Penalties not applicable to authorized
activities.
Gambling activities by persons under age eighteen prohibited—Penalties—Jurisdiction—In-house controlled purchase programs authorized.
Gambling devices, real and personal property—Seizure and
forfeiture.
Slot machines, antique—Defenses concerning—Presumption
created.
Gambling information, transmitting or receiving.
Gambling property or premises—Common nuisances, abatement—Termination of interests, licenses—Enforcement.
Proof of possession as evidence of knowledge of its character.
Taxing authority, exclusive.
Licensing and regulation authority, exclusive.
State lottery exemption.
Fishing derbies exempted.
Licenses, scope of authority—Exception.
Licenses and reports—Public inspection—Exceptions and
requirements—Charges.
Licenses for manufacture, sale, distribution, or supply of gambling devices.
Civil action to collect fees, interest, penalties, or tax—Writ of
attachment—Records as evidence.
Indian tribes—Compact negotiation process.
Tribal actions—Federal jurisdiction.
Wildlife raffle.
Use of public assistance electronic benefit cards prohibited—
Licensee to report violations.
RCW 9.46.410 to be negotiated with Indian tribes.
Severability—1973 1st ex.s. c 218.
Intent—1987 c 4.
Construction—1987 c 4.
Intent—1994 c 218.
State lottery commission—Sale of tickets or shares—Other law inapplicable:
RCW 67.70.210.
[Title 9 RCW—page 40]
9.46.010 Legislative declaration. The public policy of
the state of Washington on gambling is to keep the criminal
element out of gambling and to promote the social welfare of
the people by limiting the nature and scope of gambling
activities and by strict regulation and control.
It is hereby declared to be the policy of the legislature,
recognizing the close relationship between professional gambling and organized crime, to restrain all persons from seeking profit from professional gambling activities in this state;
to restrain all persons from patronizing such professional
gambling activities; to safeguard the public against the evils
induced by common gamblers and common gambling houses
engaged in professional gambling; and at the same time, both
to preserve the freedom of the press and to avoid restricting
participation by individuals in activities and social pastimes,
which activities and social pastimes are more for amusement
rather than for profit, do not maliciously affect the public, and
do not breach the peace.
The legislature further declares that the raising of funds
for the promotion of bona fide charitable or nonprofit organizations is in the public interest as is participation in such
activities and social pastimes as are hereinafter in this chapter
authorized.
The legislature further declares that the conducting of
bingo, raffles, and amusement games and the operation of
punchboards, pull-tabs, card games and other social pastimes, when conducted pursuant to the provisions of this
chapter and any rules and regulations adopted pursuant
thereto, are hereby authorized, as are only such lotteries for
which no valuable consideration has been paid or agreed to
be paid as hereinafter in this chapter provided.
The legislature further declares that fishing derbies shall
not constitute any form of gambling and shall not be considered as a lottery, a raffle, or an amusement game and shall not
be subject to the provisions of this chapter or any rules and
regulations adopted hereunder.
The legislature further declares that raffles authorized by
the fish and wildlife commission involving hunting big game
animals or wild turkeys shall not be subject to the provisions
of this chapter or any rules and regulations adopted hereunder, with the exception of this section and RCW 9.46.400.
All factors incident to the activities authorized in this
chapter shall be closely controlled, and the provisions of this
chapter shall be liberally construed to achieve such end.
[1996 c 101 § 2; 1994 c 218 § 2; 1975 1st ex.s. c 259 § 1;
1974 ex.s. c 155 § 1; 1974 ex.s. c 135 § 1; 1973 1st ex.s. c 218
§ 1.]
9.46.010
Findings—1996 c 101: See note following RCW 77.32.530.
Additional notes found at www.leg.wa.gov
9.46.0201 "Amusement game." "Amusement game,"
as used in this chapter, means a game played for entertainment in which:
(1) The contestant actively participates;
(2) The outcome depends in a material degree upon the
skill of the contestant;
(3) Only merchandise prizes are awarded;
(4) The outcome is not in the control of the operator;
(5) The wagers are placed, the winners are determined,
and a distribution of prizes or property is made in the presence of all persons placing wagers at such game; and
9.46.0201
(2010 Ed.)
Gambling—1973 Act
(6) Said game is conducted or operated by any agricultural fair, person, association, or organization in such manner
and at such locations as may be authorized by rules and regulations adopted by the commission pursuant to this chapter as
now or hereafter amended.
Cake walks as commonly known and fish ponds as commonly known shall be treated as amusement games for all
purposes under this chapter. [1987 c 4 § 2. Formerly RCW
9.46.020(1), part.]
9.46.0205 "Bingo." "Bingo," as used in this chapter,
means a game conducted only in the county within which the
organization is principally located in which prizes are
awarded on the basis of designated numbers or symbols on a
card conforming to numbers or symbols selected at random
and in which no cards are sold except at the time and place of
said game, when said game is conducted by a bona fide charitable or nonprofit organization, or if an agricultural fair
authorized under chapters 15.76 and 36.37 RCW, which does
not conduct bingo on more than twelve consecutive days in
any calendar year, and except in the case of any agricultural
fair as authorized under chapters 15.76 and 36.37 RCW, no
person other than a bona fide member or an employee of said
organization takes any part in the management or operation
of said game, and no person who takes any part in the management or operation of said game takes any part in the management or operation of any game conducted by any other
organization or any other branch of the same organization,
unless approved by the commission, and no part of the proceeds thereof inure to the benefit of any person other than the
organization conducting said game. For the purposes of this
section, the organization shall be deemed to be principally
located in the county within which it has its primary business
office. If the organization has no business office, the organization shall be deemed to be located in the county of principal
residence of its chief executive officer: PROVIDED, That
any organization which is conducting any licensed and established bingo game in any locale as of January 1, 1981, shall
be exempt from the requirement that such game be conducted
in the county in which the organization is principally located.
[2002 c 369 § 1; 1987 c 4 § 3. Formerly RCW 9.46.020(2).]
9.46.0205
9.46.0209 "Bona fide charitable or nonprofit organization." (1)(a) "Bona fide charitable or nonprofit organization," as used in this chapter, means:
(i) Any organization duly existing under the provisions
of chapter 24.12, 24.20, or 24.28 RCW, any agricultural fair
authorized under the provisions of chapters 15.76 or 36.37
RCW, or any nonprofit corporation duly existing under the
provisions of chapter 24.03 RCW for charitable, benevolent,
eleemosynary, educational, civic, patriotic, political, social,
fraternal, athletic or agricultural purposes only, or any nonprofit organization, whether incorporated or otherwise, when
found by the commission to be organized and operating for
one or more of the aforesaid purposes only, all of which in the
opinion of the commission have been organized and are operated primarily for purposes other than the operation of gambling activities authorized under this chapter; or
(ii) Any corporation which has been incorporated under
Title 36 U.S.C. and whose principal purposes are to furnish
9.46.0209
(2010 Ed.)
9.46.0209
volunteer aid to members of the armed forces of the United
States and also to carry on a system of national and international relief and to apply the same in mitigating the sufferings
caused by pestilence, famine, fire, floods, and other national
calamities and to devise and carry on measures for preventing
the same.
(b) An organization defined under (a) of this subsection
must:
(i) Have been organized and continuously operating for
at least twelve calendar months immediately preceding making application for any license to operate a gambling activity,
or the operation of any gambling activity authorized by this
chapter for which no license is required;
(ii) Have not less than fifteen bona fide active members
each with the right to an equal vote in the election of the
officers, or board members, if any, who determine the policies of the organization in order to receive a gambling
license; and
(iii) Demonstrate to the commission that it has made significant progress toward the accomplishment of the purposes
of the organization during the twelve consecutive month
period preceding the date of application for a license or
license renewal. The fact that contributions to an organization do not qualify for charitable contribution deduction purposes or that the organization is not otherwise exempt from
payment of federal income taxes pursuant to the internal revenue code of 1954, as amended, shall constitute prima facie
evidence that the organization is not a bona fide charitable or
nonprofit organization for the purposes of this section.
(c) Any person, association or organization which pays
its employees, including members, compensation other than
is reasonable therefor under the local prevailing wage scale
shall be deemed paying compensation based in part or whole
upon receipts relating to gambling activities authorized under
this chapter and shall not be a bona fide charitable or nonprofit organization for the purposes of this chapter.
(2) For the purposes of RCW 9.46.0315 and 9.46.110, a
bona fide nonprofit organization also includes:
(a) A credit union organized and operating under state or
federal law. All revenue less prizes and expenses received
from raffles conducted by credit unions must be devoted to
purposes authorized under this section for charitable and nonprofit organizations; and
(b) A group of executive branch state employees that:
(i) Has requested and received revocable approval from
the agency’s chief executive official, or such official’s designee, to conduct one or more raffles in compliance with this
section;
(ii) Conducts a raffle solely to raise funds for either the
state combined fund drive, created under RCW 41.04.033; an
entity approved to receive funds from the state combined
fund drive; or a charitable or benevolent entity, including but
not limited to a person or family in need, as determined by a
majority vote of the approved group of employees. No person or other entity may receive compensation in any form
from the group for services rendered in support of this purpose;
(iii) Promptly provides such information about the
group’s receipts, expenditures, and other activities as the
agency’s chief executive official or designee may periodi[Title 9 RCW—page 41]
9.46.0213
Title 9 RCW: Crimes and Punishments
cally require, and otherwise complies with this section and
RCW 9.46.0315; and
(iv) Limits the participation in the raffle such that raffle
tickets are sold only to, and winners are determined only
from, the employees of the agency.
(3) For the purposes of RCW 9.46.0277, a bona fide nonprofit organization also includes a county, city, or town, provided that all revenue less prizes and expenses from raffles
conducted by the county, city, or town must be used for community activities or tourism promotion activities. [2009 c
137 § 1; 2007 c 452 § 1; 2000 c 233 § 1; 1987 c 4 § 4. Formerly RCW 9.46.020(3).]
9.46.0213 "Bookmaking." "Bookmaking," as used in
this chapter, means accepting bets, upon the outcome of
future contingent events, as a business or in which the bettor
is charged a fee or "vigorish" for the opportunity to place a
bet. [1991 c 261 § 1; 1987 c 4 § 5. Formerly RCW
9.46.020(4).]
9.46.0213
9.46.0217 "Commercial stimulant." "Commercial
stimulant," as used in this chapter, means an activity is operated as a commercial stimulant, for the purposes of this chapter, only when it is an activity operated in connection with an
established business, with the purpose of increasing the volume of sales of food or drink for consumption on that business premises. The commission may by rule establish guidelines and criteria for applying this definition to its applicants
and licensees for gambling activities authorized by this chapter as commercial stimulants. [1994 c 120 § 1; 1987 c 4 § 6.
Formerly RCW 9.46.020(5).]
9.46.0217
9.46.0221 "Commission." "Commission," as used in
this chapter, means the Washington state gambling commission created in RCW 9.46.040. [1987 c 4 § 7. Formerly RCW
9.46.020(6).]
9.46.0221
9.46.0225 "Contest of chance." "Contest of chance,"
as used in this chapter, means any contest, game, gaming
scheme, or gaming device in which the outcome depends in a
material degree upon an element of chance, notwithstanding
that skill of the contestants may also be a factor therein.
[1987 c 4 § 8. Formerly RCW 9.46.020(7).]
9.46.0225
9.46.0229 "Fishing derby." "Fishing derby," as used
in this chapter, means a fishing contest, with or without the
payment or giving of an entry fee or other consideration by
some or all of the contestants, wherein prizes are awarded for
the species, size, weight, or quality of fish caught in a bona
fide fishing or recreational event. [1987 c 4 § 9. Formerly
RCW 9.46.020(8).]
9.46.0229
9.46.0233 "Fund-raising event." (1) "Fund-raising
event," as used in this chapter, means a fund-raising event
conducted during any seventy-two consecutive hours but
exceeding twenty-four consecutive hours and not more than
once in any calendar year or a fund-raising event conducted
not more than twice each calendar year for not more than
twenty-four consecutive hours each time by a bona fide charitable or nonprofit organization as defined in RCW 9.46.0209
9.46.0233
[Title 9 RCW—page 42]
other than any agricultural fair referred to thereunder, upon
authorization therefor by the commission, which the legislature hereby authorizes to issue a license therefor, with or
without fee, permitting the following activities, or any of
them, during such event: Bingo, amusement games, contests
of chance, lotteries, and raffles. However: (a) Gross wagers
and bets or revenue generated from participants under subsection (2) of this section received by the organization less
the amount of money paid by the organization as winnings, or
as payment for services or equipment rental under subsection
(2) of this section, and for the purchase cost of prizes given as
winnings do not exceed ten thousand dollars during the total
calendar days of such fund-raising event in the calendar year;
(b) such activities shall not include any mechanical gambling
or lottery device activated by the insertion of a coin or by the
insertion of any object purchased by any person taking a
chance by gambling in respect to the device; (c) only bona
fide members of the organization who are not paid for such
service or persons licensed or approved by the commission
under subsection (2) of this section shall participate in the
management or operation of the activities, and all income
therefrom, after deducting the cost of prizes and other
expenses, shall be devoted solely to the lawful purposes of
the organization; and (d) such organization shall notify the
appropriate local law enforcement agency of the time and
place where such activities shall be conducted. The commission shall require an annual information report setting forth in
detail the expenses incurred and the revenue received relative
to the activities permitted.
(2) Bona fide charitable or nonprofit organizations may
hire a person or vendor, who is licensed or approved by the
commission, to organize and conduct a fund-raising event on
behalf of the sponsoring organization subject to the following
restrictions:
(a) The person or vendor may not provide the facility for
the event;
(b) The person or vendor may use paid personnel and
may be compensated by a fixed fee determined prior to the
event, but may not share in the proceeds of the event;
(c) All wagers must be made with scrip or chips having
no cash value. At the end of the event, participants may be
given the opportunity to purchase or otherwise redeem their
scrip or chips for merchandise prizes;
(d) The value of all purchased prizes must not exceed ten
percent of the gross revenue from the event; and
(e) Only members and guests of the sponsoring organization may participate in the event.
(3) Bona fide charitable or nonprofit organizations holding a license to conduct a fund-raising event may join
together to jointly conduct a fund-raising event if:
(a) Approval to do so is received from the commission;
and
(b) The method of dividing the income and expenditures
and the method of recording and handling of funds are disclosed to the commission in the application for approval of
the joint fund-raising event and are approved by the commission.
The gross wagers and bets or revenue generated from
participants under subsection (2) of this section received by
the organizations less the amount of money paid by the organizations as winnings, or as payment for services or equip(2010 Ed.)
Gambling—1973 Act
ment rental under subsection (2) of this section, and for the
purchase costs of prizes given as winnings may not exceed
ten thousand dollars during the total calendar days of such
event. The net receipts each organization receives shall count
against the organization’s annual limit stated in this subsection.
A joint fund-raising event shall count against only the
lead organization or organizations receiving fifty percent or
more of the net receipts for the purposes of the number of
such events an organization may conduct each year.
The commission may issue a joint license for a joint
fund-raising event and charge a license fee for such license
according to a schedule of fees adopted by the commission
which reflects the added cost to the commission of licensing
more than one licensee for the event. [2000 c 178 § 1; 1987
c 4 § 24. Formerly RCW 9.46.020(23).]
9.46.0237 "Gambling." "Gambling," as used in this
chapter, means staking or risking something of value upon
the outcome of a contest of chance or a future contingent
event not under the person’s control or influence, upon an
agreement or understanding that the person or someone else
will receive something of value in the event of a certain outcome. Gambling does not include fishing derbies as defined
by this chapter, parimutuel betting and handicapping contests
as authorized by chapter 67.16 RCW, bona fide business
transactions valid under the law of contracts, including, but
not limited to, contracts for the purchase or sale at a future
date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including, but not limited to, contracts of indemnity or guarantee
and life, health, or accident insurance. In addition, a contest
of chance which is specifically excluded from the definition
of lottery under this chapter shall not constitute gambling.
[2005 c 351 § 1; 1987 c 4 § 10. Formerly RCW 9.46.020(9).]
9.46.0237
9.46.0241 "Gambling device." "Gambling device," as
used in this chapter, means: (1) Any device or mechanism
the operation of which a right to money, credits, deposits or
other things of value may be created, in return for a consideration, as the result of the operation of an element of chance,
including, but not limited to slot machines, video pull-tabs,
video poker, and other electronic games of chance; (2) any
device or mechanism which, when operated for a consideration, does not return the same value or thing of value for the
same consideration upon each operation thereof; (3) any
device, mechanism, furniture, fixture, construction or installation designed primarily for use in connection with professional gambling; and (4) any subassembly or essential part
designed or intended for use in connection with any such
device, mechanism, furniture, fixture, construction or installation. In the application of this definition, a pinball machine
or similar mechanical amusement device which confers only
an immediate and unrecorded right of replay on players
thereof, which does not contain any mechanism which varies
the chance of winning free games or the number of free
games which may be won or a mechanism or a chute for dispensing coins or a facsimile thereof, and which prohibits
multiple winnings depending upon the number of coins
inserted and requires the playing of five balls individually
9.46.0241
(2010 Ed.)
9.46.0261
upon the insertion of a nickel or dime, as the case may be, to
complete any one operation thereof, shall not be deemed a
gambling device: PROVIDED, That owning, possessing,
buying, selling, renting, leasing, financing, holding a security
interest in, storing, repairing and transporting such pinball
machines or similar mechanical amusement devices shall not
be deemed engaging in professional gambling for the purposes of this chapter and shall not be a violation of this chapter: PROVIDED FURTHER, That any fee for the purchase
or rental of any such pinball machines or similar amusement
devices shall have no relation to the use to which such
machines are put but be based only upon the market value of
any such machine, regardless of the location of or type of premises where used, and any fee for the storing, repairing and
transporting thereof shall have no relation to the use to which
such machines are put, but be commensurate with the cost of
labor and other expenses incurred in any such storing, repairing and transporting. [1994 c 218 § 8; 1987 c 4 § 11. Formerly RCW 9.46.020(10).]
Additional notes found at www.leg.wa.gov
9.46.0245 "Gambling information." "Gambling
information," as used in this chapter, means any wager made
in the course of and any information intended to be used for
professional gambling. In the application of this definition,
information as to wagers, betting odds and changes in betting
odds shall be presumed to be intended for use in professional
gambling. This section shall not apply to newspapers of general circulation or commercial radio and television stations
licensed by the federal communications commission. [1987
c 4 § 12. Formerly RCW 9.46.020(11).]
9.46.0245
9.46.0249 "Gambling premises." "Gambling premises," as used in this chapter, means any building, room,
enclosure, vehicle, vessel or other place used or intended to
be used for professional gambling. In the application of this
definition, any place where a gambling device is found shall
be presumed to be intended to be used for professional gambling. [1987 c 4 § 13. Formerly RCW 9.46.020(12).]
9.46.0249
9.46.0253 "Gambling record." "Gambling record," as
used in this chapter, means any record, receipt, ticket, certificate, token, slip or notation given, made, used or intended to
be used in connection with professional gambling. [1987 c 4
§ 14. Formerly RCW 9.46.020(13).]
9.46.0253
9.46.0257 "Lottery." "Lottery," as used in this chapter,
means a scheme for the distribution of money or property by
chance, among persons who have paid or agreed to pay a
valuable consideration for the chance. [1987 c 4 § 15. Formerly RCW 9.46.020(14).]
9.46.0257
9.46.0261 "Member," "bona fide member." "Member" and "bona fide member," as used in this chapter, mean a
person accepted for membership in an organization eligible
to be licensed by the commission under this chapter upon
application, with such action being recorded in the official
minutes of a regular meeting or who has held full and regular
membership status in the organization for a period of not less
than twelve consecutive months prior to participating in the
9.46.0261
[Title 9 RCW—page 43]
9.46.0265
Title 9 RCW: Crimes and Punishments
management or operation of any gambling activity. Such
membership must in no way be dependent upon, or in any
way related to, the payment of consideration to participate in
any gambling activity.
Member or bona fide member shall include only members of an organization’s specific chapter or unit licensed by
the commission or otherwise actively conducting the gambling activity: PROVIDED, That:
(1) Members of chapters or local units of a state, regional
or national organization may be considered members of the
parent organization for the purpose of a gambling activity
conducted by the parent organization, if the rules of the parent organization so permit;
(2) Members of a bona fide auxiliary to a principal organization may be considered members of the principal organization for the purpose of a gambling activity conducted by
the principal organization. Members of the principal organization may also be considered members of its auxiliary for
the purpose of a gambling activity conducted by the auxiliary; and
(3) Members of any chapter or local unit within the jurisdiction of the next higher level of the parent organization, and
members of a bona fide auxiliary to that chapter or unit, may
assist any other chapter or local unit of that same organization
licensed by the commission in the conduct of gambling activities.
No person shall be a member of any organization if that
person’s primary purpose for membership is to become, or
continue to be, a participant in, or an operator or manager of,
any gambling activity or activities. [1987 c 4 § 16. Formerly
RCW 9.46.020(15).]
9.46.0265
9.46.0265 "Player." "Player," as used in this chapter,
means a natural person who engages, on equal terms with the
other participants, and solely as a contestant or bettor, in any
form of gambling in which no person may receive or become
entitled to receive any profit therefrom other than personal
gambling winnings, and without otherwise rendering any
material assistance to the establishment, conduct or operation
of a particular gambling activity. A natural person who gambles at a social game of chance on equal terms with the other
participants shall not be considered as rendering material
assistance to the establishment, conduct or operation of the
social game merely by performing, without fee or remuneration, acts directed toward the arrangement or facilitation of
the game, such as inviting persons to play, permitting the use
of premises for the game, or supplying cards or other equipment to be used in the games. A person who engages in
"bookmaking" as defined in this chapter is not a "player." A
person who pays a fee or "vigorish" enabling him or her to
place a wager with a bookmaker, or pays a fee other than as
authorized by this chapter to participate in a card game, contest of chance, lottery, or gambling activity, is not a player.
[1997 c 118 § 2; 1991 c 261 § 2; 1987 c 4 § 17. Formerly
RCW 9.46.020(16).]
9.46.0269
9.46.0269 "Professional gambling." (1) A person is
engaged in "professional gambling" for the purposes of this
chapter when:
[Title 9 RCW—page 44]
(a) Acting other than as a player or in the manner authorized by this chapter, the person knowingly engages in conduct which materially aids any form of gambling activity; or
(b) Acting other than in a manner authorized by this
chapter, the person pays a fee to participate in a card game,
contest of chance, lottery, or other gambling activity; or
(c) Acting other than as a player or in the manner authorized by this chapter, the person knowingly accepts or
receives money or other property pursuant to an agreement or
understanding with any other person whereby he or she participates or is to participate in the proceeds of gambling activity; or
(d) The person engages in bookmaking; or
(e) The person conducts a lottery; or
(f) The person violates RCW 9.46.039.
(2) Conduct under subsection (1)(a) of this section,
except as exempted under this chapter, includes but is not
limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor,
toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases
thereof, toward the arrangement of any of its financial or
recording phases, or toward any other phase of its operation.
If a person having substantial proprietary or other authoritative control over any premises shall permit the premises to be
used with the person’s knowledge for the purpose of conducting gambling activity other than gambling activities authorized by this chapter, and acting other than as a player, and
the person permits such to occur or continue or makes no
effort to prevent its occurrence or continuation, the person
shall be considered as being engaged in professional gambling: PROVIDED, That the proprietor of a bowling establishment who awards prizes obtained from player contributions, to players successfully knocking down pins upon the
contingency of identifiable pins being placed in a specified
position or combination of positions, as designated by the
posted rules of the bowling establishment, where the proprietor does not participate in the proceeds of the "prize fund"
shall not be construed to be engaging in "professional gambling" within the meaning of this chapter: PROVIDED FURTHER, That the books and records of the games shall be open
to public inspection. [1997 c 78 § 1; 1996 c 252 § 2; 1987 c
4 § 18. Formerly RCW 9.46.020(17).]
9.46.0273 "Punchboards," "pull-tabs." "Punchboards" and "pull-tabs," as used in this chapter, shall be given
their usual and ordinary meaning as of July 16, 1973, except
that such definition may be revised by the commission pursuant to rules and regulations promulgated pursuant to this
chapter. [1987 c 4 § 19. Formerly RCW 9.46.020(18).]
9.46.0273
9.46.0277 "Raffle." "Raffle," as used in this chapter,
means a game in which tickets bearing an individual number
are sold for not more than one hundred dollars each and in
which a prize or prizes are awarded on the basis of a drawing
from the tickets by the person or persons conducting the
game, when the game is conducted by a bona fide charitable
or nonprofit organization, no person other than a bona fide
9.46.0277
(2010 Ed.)
Gambling—1973 Act
member of the organization takes any part in the management
or operation of the game, and no part of the proceeds thereof
inure to the benefit of any person other than the organization
conducting the game. [2009 c 133 § 1; 1995 2nd sp.s. c 4 §
1; 1987 c 4 § 20. Formerly RCW 9.46.020(19).]
9.46.0282
9.46.0282 "Social card game." "Social card game" as
used in this chapter means a card game that constitutes gambling and is authorized by the commission under RCW
9.46.070. Authorized card games may include a housebanked or a player-funded banked card game. No one may
participate in the card game or have an interest in the proceeds of the card game who is not a player or a person
licensed by the commission to participate in social card
games. There shall be two or more participants in the card
game who are players or persons licensed by the commission.
The card game must be played in accordance with the rules
adopted by the commission under RCW 9.46.070, which
shall include but not be limited to rules for the collection of
fees, limitation of wagers, and management of player funds.
The number of tables authorized shall be set by the commission but shall not exceed a total of fifteen separate tables per
establishment. [1997 c 118 § 1.]
9.46.0285
9.46.0285 "Thing of value." "Thing of value," as used
in this chapter, means any money or property, any token,
object or article exchangeable for money or property, or any
form of credit or promise, directly or indirectly, contemplating transfer of money or property or of any interest therein, or
involving extension of a service, entertainment or a privilege
of playing at a game or scheme without charge. [1987 c 4 §
22. Formerly RCW 9.46.020(21).]
9.46.0321
9.46.0311 Charitable, nonprofit organizations—
Authorized gambling activities. The legislature hereby
authorizes bona fide charitable or nonprofit organizations to
conduct bingo games, raffles, amusement games, and fundraising events, and to utilize punchboards and pull-tabs and to
allow their premises and facilities to be used by only members, their guests, and members of a chapter or unit organized
under the same state, regional, or national charter or constitution, to play social card games authorized by the commission,
when licensed, conducted or operated pursuant to the provisions of this chapter and rules and regulations adopted pursuant thereto. [1987 c 4 § 26. Formerly RCW 9.46.030(1).]
9.46.0311
9.46.0315 Raffles—No license required, when. Bona
fide charitable or bona fide nonprofit organizations organized
primarily for purposes other than the conduct of raffles, are
hereby authorized to conduct raffles without obtaining a
license to do so from the commission when such raffles are
held in accordance with all other requirements of this chapter,
other applicable laws, and rules of the commission; when
gross revenues from all such raffles held by the organization
during the calendar year do not exceed five thousand dollars;
and when tickets to such raffles are sold only to, and winners
are determined only from among, the regular members of the
organization conducting the raffle. The organization may
provide unopened containers of beverages containing alcohol
as raffle prizes if the appropriate permit has been obtained
from the liquor control board: PROVIDED, That the term
members for this purpose shall mean only those persons who
have become members prior to the commencement of the raffle and whose qualification for membership was not dependent upon, or in any way related to, the purchase of a ticket,
or tickets, for such raffles. [1991 c 192 § 4; 1987 c 4 § 27.
Formerly RCW 9.46.030(2).]
9.46.0315
9.46.0289
9.46.0289 "Whoever," "person." "Whoever" and
"person," as used in this chapter, include natural persons, corporations and partnerships and associations of persons; and
when any corporate officer, director or stockholder or any
partner authorizes, participates in, or knowingly accepts benefits from any violation of this chapter committed by his or
her corporation or partnership, he or she shall be punishable
for such violation as if it had been directly committed by him
or her. [1987 c 4 § 23. Formerly RCW 9.46.020(22).]
9.46.0305
9.46.0305 Dice or coin contests for music, food, or
beverage payment. The legislature hereby authorizes the
wagering on the outcome of the roll of dice or the flipping of
or matching of coins on the premises of an establishment
engaged in the business of selling food or beverages for consumption on the premises to determine which of the participants will pay for coin-operated music on the premises or certain items of food or beverages served or sold by such establishment and therein consumed. Such establishments are
hereby authorized to possess dice and dice cups on their premises, but only for use in such limited wagering. Persons
engaged in such limited form of wagering shall not be subject
to the criminal or civil penalties otherwise provided for in this
chapter. [2009 c 357 § 1; 1987 c 4 § 25. Formerly RCW
9.46.020(1), part.]
Minors barred from gambling activities: RCW 9.46.228.
(2010 Ed.)
9.46.0321 Bingo, raffles, amusement games—No
license required, when. Bona fide charitable or bona fide
nonprofit organizations organized primarily for purposes
other than the conduct of such activities are hereby authorized to conduct bingo, raffles, and amusement games, without obtaining a license to do so from the commission but only
when:
(1) Such activities are held in accordance with all other
requirements of this chapter, other applicable laws, and rules
of the commission;
(2) Said activities are, alone or in any combination, conducted no more than twice each calendar year and over a
period of no more than twelve consecutive days each time,
notwithstanding the limitations of RCW 9.46.0205: PROVIDED, That a raffle conducted under this subsection may be
conducted for a period longer than twelve days;
(3) Only bona fide members of that organization, who
are not paid for such services, participate in the management
or operation of the activities;
(4) Gross revenues to the organization from all the activities together do not exceed five thousand dollars during any
calendar year;
(5) All revenue therefrom, after deducting the cost of
prizes and other expenses of the activity, is devoted solely to
the purposes for which the organization qualifies as a bona
fide charitable or nonprofit organization;
9.46.0321
[Title 9 RCW—page 45]
9.46.0325
Title 9 RCW: Crimes and Punishments
(6) The organization gives notice at least five days in
advance of the conduct of any of the activities to the local
police agency of the jurisdiction within which the activities
are to be conducted of the organization’s intent to conduct the
activities, the location of the activities, and the date or dates
they will be conducted; and
(7) The organization conducting the activities maintains
records for a period of one year from the date of the event
which accurately show at a minimum the gross revenue from
each activity, details of the expenses of conducting the activities, and details of the uses to which the gross revenue therefrom is put. [1987 c 4 § 28. Formerly RCW 9.46.030(3).]
9.46.0325 Social card games, punchboards, pull-tabs
authorized. The legislature hereby authorizes any person,
association or organization operating an established business
primarily engaged in the selling of food or drink for consumption on the premises to conduct social card games and to
utilize punchboards and pull-tabs as a commercial stimulant
to such business when licensed and utilized or operated pursuant to the provisions of this chapter and rules and regulations adopted pursuant thereto. [1987 c 4 § 29. Formerly
RCW 9.46.030(4).]
9.46.0325
9.46.0331 Amusement games authorized—Minimum
rules. The legislature hereby authorizes any person to conduct or operate amusement games when licensed and operated pursuant to the provisions of this chapter and rules and
regulations adopted by the commission at such locations as
the commission may authorize. The rules shall provide for at
least the following:
(1) Persons other than bona fide charitable or bona fide
nonprofit organizations shall conduct amusement games only
after obtaining a special amusement game license from the
commission.
(2) Amusement games may be conducted under such a
license only as a part of, and upon the site of:
(a) Any agricultural fair as authorized under chapter
15.76 or 36.37 RCW; or
(b) A civic center of a county, city, or town; or
(c) A world’s fair or similar exposition that is approved
by the bureau of international expositions at Paris, France; or
(d) A community-wide civic festival held not more than
once annually and sponsored or approved by the city, town,
or county in which it is held; or
(e) A commercial exposition organized and sponsored
by an organization or association representing the retail sales
and service operators conducting business in a shopping center or other commercial area developed and operated for retail
sales and service, but only upon a parking lot or similar area
located in said shopping center or commercial area for a
period of no more than seventeen consecutive days by any
licensee during any calendar year; or
(f) An amusement park. An amusement park is a group
of activities, at a permanent location, to which people go to
be entertained through a combination of various mechanical
or aquatic rides, theatrical productions, motion picture,
and/or slide show presentations with food and drink service.
The amusement park must include at least five different
mechanical, or aquatic rides, three additional activities, and
9.46.0331
[Title 9 RCW—page 46]
the gross receipts must be primarily from these amusement
activities; or
(g) Within a regional shopping center. A regional shopping center is a shopping center developed and operated for
retail sales and service by retail sales and service operators
and consisting of more than six hundred thousand gross
square feet not including parking areas. Amusement games
conducted as a part of, and upon the site of, a regional shopping center shall not be subject to the prohibition on revenue
sharing set forth in RCW 9.46.120(2); or
(h) A location that possesses a valid license from the
Washington state liquor control board and prohibits minors
on their premises; or
(i) Movie theaters, bowling alleys, miniature golf course
facilities, and amusement centers. For the purposes of this
section an amusement center shall be defined as a permanent
location whose primary source of income is from the operation of ten or more amusement devices; or
(j) Any business whose primary activity is to provide
food service for on premises consumption and who offers
family entertainment which includes at least three of the following activities: Amusement devices; theatrical productions; mechanical rides; motion pictures; and slide show presentations; or
(k) Other locations as the commission may authorize.
(3) No amusement games may be conducted in any location except in conformance with local zoning, fire, health,
and similar regulations. In no event may the licensee conduct
any amusement games at any of the locations set out in subsection (2) of this section without first having obtained the
written permission to do so from the person or organization
owning the premises or an authorized agent thereof, and from
the persons sponsoring the fair, exhibition, commercial exhibition, or festival, or from the city or town operating the civic
center, in connection with which the games are to be operated.
(4) In no event may a licensee conduct any amusement
games at the location described in subsection (2)(g) of this
section, without, at the location of such games, providing
adult supervision during all hours the licensee is open for
business at such location, prohibiting school-age minors from
entry during school hours, maintaining full-time personnel
whose responsibilities include maintaining security and daily
machine maintenance, and providing for hours for the close
of business at such location that are no later than 10:00 p.m.
on Fridays and Saturdays and on all other days that are the
same as those of the regional shopping center in which the
licensee is located.
(5) In no event may a licensee conduct any amusement
game at a location described in subsection (2)(i) or (j) of this
section, without, at the location of such games, providing
adult supervision during all hours the licensee is open for
business at such location, prohibiting school-age minors from
playing licensed amusement games during school hours,
maintaining full-time personnel whose responsibilities
include maintaining security and daily machine maintenance,
and prohibiting minors from playing the amusement games
after 10:00 p.m. on any day. [2009 c 78 § 1; 1991 c 287 § 1;
1987 c 4 § 30. Formerly RCW 9.46.030(5).]
(2010 Ed.)
Gambling—1973 Act
9.46.0351
9.46.0335 Sports pools authorized. The legislature
hereby authorizes any person, association, or organization to
conduct sports pools without a license to do so from the commission but only when the outcome of which is dependent
upon the score, or scores, of a certain athletic contest and
which is conducted only in the following manner:
(1) A board or piece of paper is divided into one hundred
equal squares, each of which constitutes a chance to win in
the sports pool and each of which is offered directly to prospective contestants at one dollar or less;
(2) The purchaser of each chance or square signs his or
her name on the face of each square or chance he or she purchases; and
(3) At some time not later than prior to the start of the
subject athletic contest the pool is closed and no further
chances in the pool are sold;
(4) After the pool is closed a prospective score is
assigned by random drawing to each square;
(5) All money paid by entrants to enter the pool less
taxes is paid out as the prize or prizes to those persons holding squares assigned the winning score or scores from the
subject athletic contest;
(6) The sports pool board is available for inspection by
any person purchasing a chance thereon, the commission, or
by any law enforcement agency upon demand at all times
prior to the payment of the prize;
(7) The person or organization conducting the pool is
conducting no other sports pool on the same athletic event;
and
(8) The sports pool conforms to any rules and regulations
of the commission applicable thereto. [1987 c 4 § 31. Formerly RCW 9.46.030(6).]
9.46.0345 Bowling sweepstakes authorized. The legislature hereby authorizes bowling establishments to conduct,
without the necessity of obtaining a permit or license to do so,
as a commercial stimulant, a bowling activity which permits
bowlers to purchase tickets from the establishment for a predetermined and posted amount of money, which tickets are
then selected by the luck of the draw and the holder of the
matching ticket so drawn has an opportunity to bowl a strike
and if successful receives a predetermined and posted monetary prize: PROVIDED, That all sums collected by the establishment from the sale of tickets shall be returned to purchasers of tickets and no part of the proceeds shall inure to any
person other than the participants winning in the game or a
recognized charity. The tickets shall be sold, and accounted
for, separately from all other sales of the establishment. The
price of any single ticket shall not exceed one dollar.
Accounting records shall be available for inspection during
business hours by any person purchasing a chance thereon,
by the commission or its representatives, or by any law
enforcement agency. [1987 c 4 § 33. Formerly RCW
9.46.030(8).]
9.46.0341 Golfing sweepstakes authorized. The legislature hereby authorizes bona fide charitable or nonprofit
organizations to conduct, without the necessity of obtaining a
permit or license to do so from the commission, golfing
sweepstakes permitting wagers of money, and the same shall
not constitute such gambling or lottery as otherwise prohibited in this chapter, or be subject to civil or criminal penalties
thereunder, but this only when the outcome of such golfing
sweepstakes is dependent upon the score, or scores, or the
playing ability, or abilities, of a golfing contest between individual players or teams of such players, conducted in the following manner:
(1) Wagers are placed by buying tickets on any players
in a golfing contest to "win," "place," or "show" and those
holding tickets on the three winners may receive a payoff
similar to the system of betting identified as parimutuel, such
moneys placed as wagers to be used primarily as winners’
proceeds, except moneys used to defray the expenses of such
golfing sweepstakes or otherwise used to carry out the purposes of such organization; or
(2) Participants in any golfing contest(s) pay a like sum
of money into a common fund on the basis of attaining a
stated number of points ascertainable from the score of such
participants, and those participants attaining such stated number of points share equally in the moneys in the common
fund, without any percentage of such moneys going to the
sponsoring organization; or
9.46.0351 Social card, dice games—Use of premises
of charitable, nonprofit organizations. (1) The legislature
hereby authorizes any bona fide charitable or nonprofit organization which is licensed pursuant to RCW 66.24.400, and
its officers and employees, to allow the use of the premises,
furnishings, and other facilities not gambling devices of such
organization by members of the organization, and members
of a chapter or unit organized under the same state, regional,
or national charter or constitution, who engage as players in
the following types of gambling activities only:
(a) Social card games; and
(b) Social dice games, which shall be limited to contests
of chance, the outcome of which are determined by one or
more rolls of dice.
(2) Bona fide charitable or nonprofit organizations shall
not be required to be licensed by the commission in order to
allow use of their premises in accordance with this section.
However, the following conditions must be met:
(a) No organization, corporation, or person shall collect
or obtain or charge any percentage of or shall collect or
obtain any portion of the money or thing of value wagered or
won by any of the players: PROVIDED, That a player may
collect his or her winnings; and
(b) No organization, corporation, or person shall collect
or obtain any money or thing of value from, or charge or
impose any fee upon, any person which either enables him or
her to play or results in or from his or her playing: PRO-
9.46.0335
(3) An auction is held in which persons may bid on the
players or teams of players in the golfing contest, and the person placing the highest bid on the player or team that wins the
golfing contest receives the proceeds of the auction, except
moneys used to defray the expenses of the golfing sweepstakes or otherwise used to carry out the purposes of the organizations; and
(4) Participation is limited to members of the sponsoring
organization and their bona fide guests. [1997 c 38 § 1; 1987
c 4 § 32. Formerly RCW 9.46.030(7).]
9.46.0345
9.46.0351
9.46.0341
(2010 Ed.)
[Title 9 RCW—page 47]
9.46.0356
Title 9 RCW: Crimes and Punishments
VIDED, That this subsection shall not preclude collection of
a membership fee which is unrelated to participation in gambling activities authorized under this section. [1999 c 143 §
5; 1987 c 4 § 34. Formerly RCW 9.46.030(9).]
9.46.0356 Promotional contests of chance authorized. (1) The legislature authorizes a business to conduct a
promotional contest of chance as defined in this section, in
this state, or partially in this state, whereby the elements of
prize and chance are present but in which the element of consideration is not present.
(2) Promotional contests of chance under this section are
not gambling as defined in RCW 9.46.0237.
(3) Promotional contests of chance shall be conducted as
advertising and promotional undertakings solely for the purpose of advertising or promoting the services, goods, wares,
and merchandise of a business.
(4) No person eligible to receive a prize in a promotional
contest of chance may be required to:
(a) Pay any consideration to the promoter or operator of
the business in order to participate in the contest; or
(b) Purchase any service, goods, wares, merchandise, or
anything of value from the business, however, for other than
contests entered through a direct mail solicitation, the promoter or sponsor may give additional entries or chances upon
purchase of service, goods, wares, or merchandise if the promoter or sponsor provides an alternate method of entry
requiring no consideration.
(5)(a) As used in this section, "consideration" means
anything of pecuniary value required to be paid to the promoter or sponsor in order to participate in a promotional contest. Such things as visiting a business location, placing or
answering a telephone call, completing an entry form or customer survey, or furnishing a stamped, self-addressed envelope do not constitute consideration.
(b) Coupons or entry blanks obtained by purchase of a
bona fide newspaper or magazine or in a program sold in conjunction with a regularly scheduled sporting event are not
consideration.
(6) Unless authorized by the commission, equipment or
devices made for use in a gambling activity are prohibited
from use in a promotional contest.
(7) This section shall not be construed to permit noncompliance with chapter 19.170 RCW, promotional advertising
of prizes, and chapter 19.86 RCW, unfair business practices.
[2000 c 228 § 1.]
9.46.0356
9.46.0361 Turkey shoots authorized. The legislature
hereby authorizes bona fide charitable or nonprofit organizations to conduct, without the necessity of obtaining a permit
or license to do so from the commission, turkey shoots permitting wagers of money. Such contests shall not constitute
such gambling or lottery as otherwise prohibited in this chapter, or be subject to civil or criminal penalties. Such organizations must be organized for purposes other than the conduct
of turkey shoots.
Such turkey shoots shall be held in accordance with all
other requirements of this chapter, other applicable laws, and
rules that may be adopted by the commission. Gross revenues
from all such turkey shoots held by the organization during
9.46.0361
[Title 9 RCW—page 48]
the calendar year shall not exceed five thousand dollars. Turkey shoots conducted under this section shall meet the following requirements:
(1) The target shall be divided into one hundred or fewer
equal sections, with each section constituting a chance to
win. Each chance shall be offered directly to a prospective
contestant for one dollar or less;
(2) The purchaser of each chance shall sign his or her
name on the face of the section he or she purchases;
(3) The person shooting at the target shall not be a participant in the contest, but shall be a member of the organization
conducting the contest;
(4) Participation in the contest shall be limited to members of the organization which is conducting the contest and
their guests;
(5) The target shall contain the following information:
(a) Distance from the shooting position to the target;
(b) The gauge of the shotgun;
(c) The type of choke on the barrel;
(d) The size of shot that will be used; and
(e) The prize or prizes that are to be awarded in the contest;
(6) The targets, shotgun, and ammunition shall be available for inspection by any person purchasing a chance
thereon, the commission, or by any law enforcement agency
upon demand, at all times before the prizes are awarded;
(7) The turkey shoot shall award the prizes based upon
the greatest number of shots striking a section;
(8) No turkey shoot may offer as a prize the right to
advance or continue on to another turkey shoot or turkey
shoot target; and
(9) Only bona fide members of the organization who are
not paid for such service may participate in the management
or operation of the turkey shoot, and all income therefrom,
after deducting the cost of prizes and other expenses, shall be
devoted solely to the lawful purposes of the organization.
[1987 c 4 § 36. Formerly RCW 9.46.030(12).]
9.46.039 Greyhound racing prohibited. (1) A person
may not hold, conduct, or operate live greyhound racing for
public exhibition, parimutuel betting, or special exhibition
events, if such activities are conducted for gambling purposes. A person may not transmit or receive intrastate or
interstate simulcasting of greyhound racing for commercial,
parimutuel, or exhibition purposes, if such activities are conducted for gambling purposes.
(2) A person who violates this section is guilty of a class
B felony, under RCW 9.46.220, professional gambling in the
first degree, and is subject to the penalty under RCW
9A.20.021. [1996 c 252 § 1.]
9.46.039
9.46.040 Gambling commission—Members—
Appointment—Vacancies, filling. There shall be a commission, known as the "Washington state gambling commission", consisting of five members appointed by the governor
with the consent of the senate. The members of the commission shall be appointed within thirty days of July 16, 1973 for
terms beginning July 1, 1973, and expiring as follows: One
member of the commission for a term expiring July 1, 1975;
one member of the commission for a term expiring July 1,
9.46.040
(2010 Ed.)
Gambling—1973 Act
1976; one member of the commission for a term expiring July
1, 1977; one member of the commission for a term expiring
July 1, 1978; and one member of the commission for a term
expiring July 1, 1979; each as the governor so determines.
Their successors, all of whom shall be citizen members
appointed by the governor with the consent of the senate,
upon being appointed and qualified, shall serve six year
terms: PROVIDED, That no member of the commission who
has served a full six year term shall be eligible for reappointment. In case of a vacancy, it shall be filled by appointment
by the governor for the unexpired portion of the term in
which said vacancy occurs. No vacancy in the membership of
the commission shall impair the right of the remaining member or members to act, except as in RCW 9.46.050(2) provided.
In addition to the members of the commission there shall
be four ex officio members without vote from the legislature
consisting of: (1) Two members of the senate, one from the
majority political party and one from the minority political
party, both to be appointed by the president of the senate; (2)
two members of the house of representatives, one from the
majority political party and one from the minority political
party, both to be appointed by the speaker of the house of representatives; such appointments shall be for the term of two
years or for the period in which the appointee serves as a legislator, whichever expires first; members may be reappointed; vacancies shall be filled in the same manner as original appointments are made. Such ex officio members who
shall collect data deemed essential to future legislative proposals and exchange information with the board shall be
deemed engaged in legislative business while in attendance
upon the business of the board and shall be limited to such
allowances therefor as otherwise provided in RCW
44.04.120, the same to be paid from the "gambling revolving
fund" as being expenses relative to commission business.
[1974 ex.s. c 155 § 12; 1974 ex.s. c 135 § 12; 1973 1st ex.s. c
218 § 4.]
Additional notes found at www.leg.wa.gov
9.46.050
9.46.050 Gambling commission—Chairman—Quorum—Meetings—Compensation and travel expenses—
Bond—Removal. (1) Upon appointment of the initial membership the commission shall meet at a time and place designated by the governor and proceed to organize, electing one
of such members as chairman of the commission who shall
serve until July 1, 1974; thereafter a chairman shall be elected
annually.
(2) A majority of the members shall constitute a quorum
of the commission: PROVIDED, That all actions of the commission relating to the regulation of licensing under this
chapter shall require an affirmative vote by three or more
members of the commission.
(3) The principal office of the commission shall be at the
state capitol, and meetings shall be held at least quarterly and
at such other times as may be called by the chairman or upon
written request to the chairman of a majority of the commission.
(4) Members shall be compensated in accordance with
RCW 43.03.250 and shall receive reimbursement for travel
(2010 Ed.)
9.46.070
expenses incurred in the performance of their duties as provided in RCW 43.03.050 and 43.03.060.
(5) Before entering upon the duties of his office, each of
the members of the commission shall enter into a surety bond
executed by a surety company authorized to do business in
this state, payable to the state of Washington, to be approved
by the governor, in the penal sum of fifty thousand dollars,
conditioned upon the faithful performance of his duties, and
shall take and subscribe to the oath of office prescribed for
elective state officers, which oath and bond shall be filed with
the secretary of state. The premium for said bond shall be
paid by the commission.
(6) Any member of the commission may be removed for
inefficiency, malfeasance, or misfeasance in office, upon
specific written charges filed by the governor, who shall
transmit such written charges to the member accused and to
the chief justice of the supreme court. The chief justice shall
thereupon designate a tribunal composed of three judges of
the superior court to hear and adjudicate the charges. Such
tribunal shall fix the time of the hearing, which shall be public, and the procedure for the hearing, and the decision of
such tribunal shall be final. Removal of any member of the
commission by the tribunal shall disqualify such member for
reappointment. [1984 c 287 § 9; 1975-’76 2nd ex.s. c 34 § 7;
1973 1st ex.s. c 218 § 5.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Additional notes found at www.leg.wa.gov
9.46.06 0 G ambling commiss io n—Counsel—
Audits—Payment for. (1) The attorney general shall be
general counsel for the state gambling commission and shall
assign such assistants as may be necessary in carrying out the
purposes and provisions of this chapter, which shall include
instituting and prosecuting any actions and proceedings necessary thereto.
(2) The state auditor shall audit the books, records, and
affairs of the commission annually. The commission shall
pay to the state treasurer for the credit of the state auditor
such funds as may be necessary to defray the costs of such
audits. The commission may provide for additional audits by
certified public accountants. All such audits shall be public
records of the state.
The payment for legal services and audits as authorized
in this section shall be paid upon authorization of the commission from moneys in the gambling revolving fund. [1973
1st ex.s. c 218 § 6.]
9.46.060
9.46.070 Gambling commission—Powers and duties.
The commission shall have the following powers and duties:
(1) To authorize and issue licenses for a period not to
exceed one year to bona fide charitable or nonprofit organizations approved by the commission meeting the requirements
of this chapter and any rules and regulations adopted pursuant thereto permitting said organizations to conduct bingo
games, raffles, amusement games, and social card games, to
utilize punchboards and pull-tabs in accordance with the provisions of this chapter and any rules and regulations adopted
pursuant thereto and to revoke or suspend said licenses for
violation of any provisions of this chapter or any rules and
regulations adopted pursuant thereto: PROVIDED, That the
9.46.070
[Title 9 RCW—page 49]
9.46.070
Title 9 RCW: Crimes and Punishments
commission shall not deny a license to an otherwise qualified
applicant in an effort to limit the number of licenses to be
issued: PROVIDED FURTHER, That the commission or
director shall not issue, deny, suspend, or revoke any license
because of considerations of race, sex, creed, color, or
national origin: AND PROVIDED FURTHER, That the
commission may authorize the director to temporarily issue
or suspend licenses subject to final action by the commission;
(2) To authorize and issue licenses for a period not to
exceed one year to any person, association, or organization
operating a business primarily engaged in the selling of items
of food or drink for consumption on the premises, approved
by the commission meeting the requirements of this chapter
and any rules and regulations adopted pursuant thereto permitting said person, association, or organization to utilize
punchboards and pull-tabs and to conduct social card games
as a commercial stimulant in accordance with the provisions
of this chapter and any rules and regulations adopted pursuant thereto and to revoke or suspend said licenses for violation of any provisions of this chapter and any rules and regulations adopted pursuant thereto: PROVIDED, That the commission shall not deny a license to an otherwise qualified
applicant in an effort to limit the number of licenses to be
issued: PROVIDED FURTHER, That the commission may
authorize the director to temporarily issue or suspend licenses
subject to final action by the commission;
(3) To authorize and issue licenses for a period not to
exceed one year to any person, association, or organization
approved by the commission meeting the requirements of this
chapter and meeting the requirements of any rules and regulations adopted by the commission pursuant to this chapter as
now or hereafter amended, permitting said person, association, or organization to conduct or operate amusement games
in such manner and at such locations as the commission may
determine. The commission may authorize the director to
temporarily issue or suspend licenses subject to final action
by the commission;
(4) To authorize, require, and issue, for a period not to
exceed one year, such licenses as the commission may by
rule provide, to any person, association, or organization to
engage in the selling, distributing, or otherwise supplying or
in the manufacturing of devices for use within this state for
those activities authorized by this chapter. The commission
may authorize the director to temporarily issue or suspend
licenses subject to final action by the commission;
(5) To establish a schedule of annual license fees for carrying on specific gambling activities upon the premises, and
for such other activities as may be licensed by the commission, which fees shall provide to the commission not less than
an amount of money adequate to cover all costs incurred by
the commission relative to licensing under this chapter and
the enforcement by the commission of the provisions of this
chapter and rules and regulations adopted pursuant thereto:
PROVIDED, That all licensing fees shall be submitted with
an application therefor and such portion of said fee as the
commission may determine, based upon its cost of processing
and investigation, shall be retained by the commission upon
the withdrawal or denial of any such license application as its
reasonable expense for processing the application and investigation into the granting thereof: PROVIDED FURTHER,
That if in a particular case the basic license fee established by
[Title 9 RCW—page 50]
the commission for a particular class of license is less than
the commission’s actual expenses to investigate that particular application, the commission may at any time charge to
that applicant such additional fees as are necessary to pay the
commission for those costs. The commission may decline to
proceed with its investigation and no license shall be issued
until the commission has been fully paid therefor by the
applicant: AND PROVIDED FURTHER, That the commission may establish fees for the furnishing by it to licensees of
identification stamps to be affixed to such devices and equipment as required by the commission and for such other special services or programs required or offered by the commission, the amount of each of these fees to be not less than is
adequate to offset the cost to the commission of the stamps
and of administering their dispersal to licensees or the cost of
administering such other special services, requirements or
programs;
(6) To prescribe the manner and method of payment of
taxes, fees and penalties to be paid to or collected by the commission;
(7) To require that applications for all licenses contain
such information as may be required by the commission:
PROVIDED, That all persons (a) having a managerial or
ownership interest in any gambling activity, or the building in
which any gambling activity occurs, or the equipment to be
used for any gambling activity, or (b) participating as an
employee in the operation of any gambling activity, shall be
listed on the application for the license and the applicant shall
certify on the application, under oath, that the persons named
on the application are all of the persons known to have an
interest in any gambling activity, building, or equipment by
the person making such application: PROVIDED FURTHER, That the commission shall require fingerprinting and
national criminal history background checks on any persons
seeking licenses, certifications, or permits under this chapter
or of any person holding an interest in any gambling activity,
building, or equipment to be used therefor, or of any person
participating as an employee in the operation of any gambling activity. All national criminal history background
checks shall be conducted using fingerprints submitted to the
United States department of justice-federal bureau of investigation. The commission must establish rules to delineate
which persons named on the application are subject to
national criminal history background checks. In identifying
these persons, the commission must take into consideration
the nature, character, size, and scope of the gambling activities requested by the persons making such applications;
(8) To require that any license holder maintain records as
directed by the commission and submit such reports as the
commission may deem necessary;
(9) To require that all income from bingo games, raffles,
and amusement games be recorded and reported as established by rule or regulation of the commission to the extent
deemed necessary by considering the scope and character of
the gambling activity in such a manner that will disclose
gross income from any gambling activity, amounts received
from each player, the nature and value of prizes, and the fact
of distributions of such prizes to the winners thereof;
(10) To regulate and establish maximum limitations on
income derived from bingo. In establishing limitations pursuant to this subsection the commission shall take into
(2010 Ed.)
Gambling—1973 Act
account (a) the nature, character, and scope of the activities of
the licensee; (b) the source of all other income of the licensee;
and (c) the percentage or extent to which income derived
from bingo is used for charitable, as distinguished from nonprofit, purposes. However, the commission’s powers and
duties granted by this subsection are discretionary and not
mandatory;
(11) To regulate and establish the type and scope of and
manner of conducting the gambling activities authorized by
this chapter, including but not limited to, the extent of wager,
money, or other thing of value which may be wagered or contributed or won by a player in any such activities;
(12) To regulate the collection of and the accounting for
the fee which may be imposed by an organization, corporation, or person licensed to conduct a social card game on a
person desiring to become a player in a social card game in
accordance with RCW 9.46.0282;
(13) To cooperate with and secure the cooperation of
county, city, and other local or state agencies in investigating
any matter within the scope of its duties and responsibilities;
(14) In accordance with RCW 9.46.080, to adopt such
rules and regulations as are deemed necessary to carry out the
purposes and provisions of this chapter. All rules and regulations shall be adopted pursuant to the administrative procedure act, chapter 34.05 RCW;
(15) To set forth for the perusal of counties, city-counties, cities and towns, model ordinances by which any legislative authority thereof may enter into the taxing of any gambling activity authorized by this chapter;
(16)(a) To establish and regulate a maximum limit on
salaries or wages which may be paid to persons employed in
connection with activities conducted by bona fide charitable
or nonprofit organizations and authorized by this chapter,
where payment of such persons is allowed, and to regulate
and establish maximum limits for other expenses in connection with such authorized activities, including but not limited
to rent or lease payments. However, the commissioner’s
powers and duties granted by this subsection are discretionary and not mandatory.
(b) In establishing these maximum limits the commission shall take into account the amount of income received,
or expected to be received, from the class of activities to
which the limits will apply and the amount of money the
games could generate for authorized charitable or nonprofit
purposes absent such expenses. The commission may also
take into account, in its discretion, other factors, including
but not limited to, the local prevailing wage scale and
whether charitable purposes are benefited by the activities;
(17) To authorize, require, and issue for a period not to
exceed one year such licenses or permits, for which the commission may by rule provide, to any person to work for any
operator of any gambling activity authorized by this chapter
in connection with that activity, or any manufacturer, supplier, or distributor of devices for those activities in connection with such business. The commission may authorize the
director to temporarily issue or suspend licenses subject to
final action by the commission. The commission shall not
require that persons working solely as volunteers in an authorized activity conducted by a bona fide charitable or bona fide
nonprofit organization, who receive no compensation of any
kind for any purpose from that organization, and who have no
(2010 Ed.)
9.46.071
managerial or supervisory responsibility in connection with
that activity, be licensed to do such work. The commission
may require that licensees employing such unlicensed volunteers submit to the commission periodically a list of the
names, addresses, and dates of birth of the volunteers. If any
volunteer is not approved by the commission, the commission may require that the licensee not allow that person to
work in connection with the licensed activity;
(18) To publish and make available at the office of the
commission or elsewhere to anyone requesting it a list of the
commission licensees, including the name, address, type of
license, and license number of each licensee;
(19) To establish guidelines for determining what constitutes active membership in bona fide nonprofit or charitable
organizations for the purposes of this chapter;
(20) To renew the license of every person who applies
for renewal within six months after being honorably discharged, removed, or released from active military service in
the armed forces of the United States upon payment of the
renewal fee applicable to the license period, if there is no
cause for denial, suspension, or revocation of the license; and
(21) To perform all other matters and things necessary to
carry out the purposes and provisions of this chapter. [2007
c 206 § 1; 2002 c 119 § 1; 1999 c 143 § 6; 1993 c 344 § 1;
1987 c 4 § 38; 1981 c 139 § 3. Prior: 1977 ex.s. c 326 § 3;
1977 ex.s. c 76 § 2; 1975-’76 2nd ex.s. c 87 § 4; 1975 1st ex.s.
c 259 § 4; 1974 ex.s. c 155 § 4; 1974 ex.s. c 135 § 4; 1973 2nd
ex.s. c 41 § 4; 1973 1st ex.s. c 218 § 7.]
Enforcement—Commission as a law enforcement agency: RCW 9.46.210.
Additional notes found at www.leg.wa.gov
9.46.0701 Charitable or nonprofit organizations—
Sharing facilities. The commission may allow existing licensees under RCW 9.46.070(1) to share facilities at one location. [2002 c 369 § 2.]
9.46.0701
9.46.071 Information for pathological gamblers—
Fee increases. (1) The legislature recognizes that some individuals in this state are problem or pathological gamblers.
Because the state promotes and regulates gambling through
the activities of the state lottery commission, the Washington
horse racing commission, and the Washington state gambling
commission, the state has the responsibility to continue to
provide resources for the support of services for problem and
pathological gamblers. Therefore, the Washington state
gambling commission, the Washington horse racing commission, and the state lottery commission shall jointly develop
informational signs concerning problem and pathological
gambling which include a toll-free hot line number for problem and pathological gamblers. The signs shall be placed in
the establishments of gambling licensees, horse racing licensees, and lottery retailers. In addition, the Washington state
gambling commission, the Washington horse racing commission, and the state lottery commission may also contract with
other qualified entities to provide public awareness, training,
and other services to ensure the intent of this section is fulfilled.
(2)(a) During any period in which RCW 82.04.285(2) is
in effect, the commission may not increase fees payable by
licensees under its jurisdiction for the purpose of funding ser9.46.071
[Title 9 RCW—page 51]
9.46.072
Title 9 RCW: Crimes and Punishments
vices for problem and pathological gambling. Any fee
imposed or increased by the commission, for the purpose of
funding these services, before July 1, 2005, shall have no
force and effect after July 1, 2005.
(b) During any period in which RCW 82.04.285(2) is not
in effect:
(i) The commission, the Washington state horse racing
commission, and the state lottery commission may contract
for services, in addition to those authorized in subsection (1)
of this section, to assist in providing for treatment of problem
and pathological gambling; and
(ii) The commission may increase fees payable by
licenses [licensees] under its jurisdiction for the purpose of
funding the services authorized in this section for problem
and pathological gamblers. [2005 c 369 § 9; 2003 c 75 § 1;
1994 c 218 § 6.]
Findings—Intent—Severability—Effective date—2005 c 369: See
notes following RCW 43.20A.890.
Additional notes found at www.leg.wa.gov
9.46.072 Pathological gambling behavior—Warning.
An entity licensed under RCW 9.46.070(1) which conducts
or allows its premises to be used for conducting bingo on
more than three occasions per week shall include the following statement in any advertising or promotion of gambling
activity conducted by the licensee:
9.46.072
"CAUTION: Participation in gambling activity
may result in pathological gambling behavior causing emotional and financial harm. For help, call 1800-547-6133."
For purposes of this section, "advertising" includes print
media, point-of-sale advertising, electronic media, billboards, and radio advertising. [2002 c 369 § 3.]
9.46.075 Gambling commission—Denial, suspension,
or revocation of license, permit—Other provisions not
applicable. The commission may deny an application, or
suspend or revoke any license or permit issued by it, for any
reason or reasons, it deems to be in the public interest. These
reasons shall include, but not be limited to, cases wherein the
applicant or licensee, or any person with any interest therein:
(1) Has violated, failed or refused to comply with the
provisions, requirements, conditions, limitations or duties
imposed by chapter 9.46 RCW and any amendments thereto,
or any rules adopted by the commission pursuant thereto, or
when a violation of any provision of chapter 9.46 RCW, or
any commission rule, has occurred upon any premises occupied or operated by any such person or over which he or she
has substantial control;
(2) Knowingly causes, aids, abets, or conspires with
another to cause, any person to violate any of the laws of this
state or the rules of the commission;
(3) Has obtained a license or permit by fraud, misrepresentation, concealment, or through inadvertence or mistake;
(4) Has been convicted of, or forfeited bond upon a
charge of, or pleaded guilty to, forgery, larceny, extortion,
conspiracy to defraud, wilful failure to make required payments or reports to a governmental agency at any level, or filing false reports therewith, or of any similar offense or
9.46.075
[Title 9 RCW—page 52]
offenses, or of bribing or otherwise unlawfully influencing a
public official or employee of any state or the United States,
or of any crime, whether a felony or misdemeanor involving
any gambling activity or physical harm to individuals or
involving moral turpitude;
(5) Denies the commission or its authorized representatives, including authorized local law enforcement agencies,
access to any place where a licensed activity is conducted or
who fails promptly to produce for inspection or audit any
book, record, document or item required by law or commission rule;
(6) Shall fail to display its license on the premises where
the licensed activity is conducted at all times during the operation of the licensed activity;
(7) Makes a misrepresentation of, or fails to disclose, a
material fact to the commission;
(8) Fails to prove, by clear and convincing evidence, that
he, she or it is qualified in accordance with the provisions of
this chapter;
(9) Is subject to current prosecution or pending charges,
or a conviction which is under appeal, for any of the offenses
included under subsection (4) of this section: PROVIDED,
That at the request of an applicant for an original license, the
commission may defer decision upon the application during
the pendency of such prosecution or appeal;
(10) Has pursued or is pursuing economic gain in an
occupational manner or context which is in violation of the
criminal or civil public policy of this state if such pursuit creates probable cause to believe that the participation of such
person in gambling or related activities would be inimical to
the proper operation of an authorized gambling or related
activity in this state. For the purposes of this section, occupational manner or context shall be defined as the systematic
planning, administration, management or execution of an
activity for financial gain;
(11) Is a career offender or a member of a career offender
cartel or an associate of a career offender or career offender
cartel in such a manner which creates probable cause to
believe that the association is of such a nature as to be inimical to the policy of this chapter or to the proper operation of
the authorized gambling or related activities in this state. For
the purposes of this section, career offender shall be defined
as any person whose behavior is pursued in an occupational
manner or context for the purpose of economic gain utilizing
such methods as are deemed criminal violations of the public
policy of this state. A career offender cartel shall be defined
as any group of persons who operate together as career
offenders.
For the purpose of reviewing any application for a
license and for considering the denial, suspension or revocation of any license the gambling commission may consider
any prior criminal conduct of the applicant or licensee and the
provisions of RCW 9.95.240 and of chapter 9.96A RCW
shall not apply to such cases. [1981 c 139 § 4; 1975 1st ex.s.
c 166 § 12.]
Additional notes found at www.leg.wa.gov
9.46.077 Gambling commission—Vacation of certain
suspensions upon payment of monetary penalty. The
commission, when suspending any license for a period of
9.46.077
(2010 Ed.)
Gambling—1973 Act
thirty days or less, may further provide in the order of suspension that such suspension shall be vacated upon payment to
the commission of a monetary penalty in an amount then
fixed by the commission. [1981 c 139 § 5.]
Additional notes found at www.leg.wa.gov
9.46.080 Gambling commission—Administrator—
Staff—Rules and regulations—Service contracts. The
commission shall employ a full time director, who shall be
the administrator for the commission in carrying out its powers and duties and who shall issue rules and regulations
adopted by the commission governing the activities authorized hereunder and shall supervise commission employees
in carrying out the purposes and provisions of this chapter. In
addition, the director shall employ a deputy director, not
more than three assistant directors, together with such investigators and enforcement officers and such staff as the commission determines is necessary to carry out the purposes and
provisions of this chapter. The director, the deputy director,
the assistant directors, and personnel occupying positions
requiring the performing of undercover investigative work
shall be exempt from the provisions of chapter 41.06 RCW,
as now law or hereafter amended. Neither the director nor
any commission employee working therefor shall be an
officer or manager of any bona fide charitable or bona fide
nonprofit organization, or of any organization which conducts gambling activity in this state.
The director, subject to the approval of the commission,
is authorized to enter into agreements on behalf of the commission for mutual assistance and services, based upon actual
costs, with any state or federal agency or with any city, town,
or county, and such state or local agency is authorized to
enter into such an agreement with the commission. If a
needed service is not available from another agency of state
government within a reasonable time, the director may obtain
that service from private industry. [1994 c 218 § 14; 1981 c
139 § 6; 1977 ex.s. c 326 § 4; 1974 ex.s. c 155 § 7; 1974 ex.s.
c 135 § 7; 1973 1st ex.s. c 218 § 8.]
9.46.080
Additional notes found at www.leg.wa.gov
9.46.085 Gambling commission—Members and
employees—Activities prohibited. A member or employee
of the gambling commission shall not:
(1) Serve as an officer or manager of any corporation or
organization which conducts a lottery or gambling activity;
(2) Receive or share in, directly or indirectly, the gross
profits of any gambling activity regulated by the commission;
(3) Be beneficially interested in any contract for the
manufacture or sale of gambling devices, the conduct of [a]
gambling activity, or the provision of independent consultant
services in connection with a gambling activity. [1986 c 4 §
1.]
9.46.100
tion requested by either the governor or members of the legislature: PROVIDED, That the commission appointed pursuant to RCW 9.46.040 may conduct a thorough study of the
types of gambling activity permitted and the types of gambling activity prohibited by this chapter and may make recommendations to the legislature as to: (1) Gambling activity
that ought to be permitted; (2) gambling activity that ought to
be prohibited; (3) the types of licenses and permits that ought
to be required; (4) the type and amount of tax that ought to be
applied to each type of permitted gambling activity; (5) any
changes which may be made to the law of this state which
further the purposes and policies set forth in RCW 9.46.010
as now law or hereafter amended; and (6) any other matter
that the commission may deem appropriate. Members of the
commission and its staff may contact the legislature, or any
of its members, at any time, to advise it of recommendations
of the commission. [1987 c 505 § 3; 1981 c 139 § 7; 1977 c
75 § 4; 1975 1st ex.s. c 166 § 4; 1973 1st ex.s. c 218 § 9.]
Additional notes found at www.leg.wa.gov
9.46.095 Gambling commission—Proceedings
against, jurisdiction—Immunity from liability. No court
of the state of Washington other than the superior court of
Thurston county shall have jurisdiction over any action or
proceeding against the commission or any member thereof
for anything done or omitted to be done in or arising out of
the performance of his or her duties under this title: PROVIDED, That an appeal from an adjudicative proceeding
involving a final decision of the commission to deny, suspend, or revoke a license shall be governed by chapter 34.05
RCW, the Administrative Procedure Act.
Neither the commission nor any member or members
thereof shall be personally liable in any action at law for damages sustained by any person because of any acts performed
or done, or omitted to be done, by the commission or any
member of the commission, or any employee of the commission, in the performance of his or her duties and in the administration of this title. [1989 c 175 § 41; 1981 c 139 § 17.]
9.46.095
Additional notes found at www.leg.wa.gov
9.46.085
9.46.090 Gambling commission—Reports. Subject to
RCW 40.07.040, the commission shall, from time to time,
make reports to the governor and the legislature covering
such matters in connection with this chapter as the governor
and the legislature may require. These reports shall be public
documents and contain such general information and remarks
as the commission deems pertinent thereto and any informa9.46.090
(2010 Ed.)
9.46.100 Gambling revolving fund—Created—
Receipts—Disbursements—Use. There is hereby created
the gambling revolving fund which shall consist of all moneys receivable for licensing, penalties, forfeitures, and all
other moneys, income, or revenue received by the commission. The state treasurer shall be custodian of the fund. All
moneys received by the commission or any employee
thereof, except for change funds and an amount of petty cash
as fixed by rule or regulation of the commission, shall be
deposited each day in a depository approved by the state treasurer and transferred to the state treasurer to be credited to the
gambling revolving fund. Disbursements from the revolving
fund shall be on authorization of the commission or a duly
authorized representative thereof. In order to maintain an
effective expenditure and revenue control the gambling
revolving fund shall be subject in all respects to chapter 43.88
RCW but no appropriation shall be required to permit expenditures and payment of obligations from such fund. All
expenses relative to commission business, including but not
limited to salaries and expenses of the director and other
9.46.100
[Title 9 RCW—page 53]
9.46.110
Title 9 RCW: Crimes and Punishments
commission employees shall be paid from the gambling
revolving fund.
During the 2003-2005 fiscal biennium, the legislature
may transfer from the gambling revolving fund to the problem gambling treatment account, contingent on enactment of
chapter ..., Laws of 2004 (*Second Substitute House Bill No.
2776, problem gambling treatment). Also during the 20032005 fiscal biennium, the legislature may transfer from the
gambling revolving fund to the state general fund such
amounts as reflect the excess nontribal fund balance of the
fund. The commission shall not increase fees during the
2003-2005 fiscal biennium for the purpose of restoring the
excess fund balance transferred under this section. [2004 c
276 § 903; 2002 c 371 § 901; 1991 sp.s. c 16 § 917; 1985 c
405 § 505; 1977 ex.s. c 326 § 5; 1973 1st ex.s. c 218 § 10.]
*Reviser’s note: Second Substitute House Bill No. 2776 was not
enacted during the 2004 legislative session.
Severability—Effective date—2004 c 276: See notes following RCW
43.330.167.
Severability—2002 c 371: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2002 c 371 § 926.]
Effective date—2002 c 371: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 5, 2002]." [2002 c 371 § 927.]
Additional notes found at www.leg.wa.gov
9.46.110 Taxation of gambling activities—Limitations—Restrictions on punchboards and pull-tabs—Lien.
(1) The legislative authority of any county, city-county, city,
or town, by local law and ordinance, and in accordance with
the provisions of this chapter and rules adopted under this
chapter, may provide for the taxing of any gambling activity
authorized by this chapter within its jurisdiction, the tax
receipts to go to the county, city-county, city, or town so taxing the activity. Any such tax imposed by a county alone shall
not apply to any gambling activity within a city or town
located in the county but the tax rate established by a county,
if any, shall constitute the tax rate throughout the unincorporated areas of such county.
(2) The operation of punchboards and pull-tabs are subject to the following conditions:
(a) Chances may only be sold to adults;
(b) The price of a single chance may not exceed one dollar;
(c) No punchboard or pull-tab license may award as a
prize upon a winning number or symbol being drawn the
opportunity of taking a chance upon any other punchboard or
pull-tab;
(d) All prizes available to be won must be described on
an information flare. All merchandise prizes must be on display within the immediate area of the premises in which any
such punchboard or pull-tab is located. Upon a winning number or symbol being drawn, a merchandise prize must be
immediately removed from the display and awarded to the
winner. All references to cash or merchandise prizes, with a
value over twenty dollars, must be removed immediately
from the information flare when won, or such omission shall
be deemed a fraud for the purposes of this chapter; and
9.46.110
[Title 9 RCW—page 54]
(e) When any person wins money or merchandise from
any punchboard or pull-tab over an amount determined by
the commission, every licensee shall keep a public record of
the award for at least ninety days containing such information
as the commission shall deem necessary.
(3)(a) Taxation of bingo and raffles shall never be in an
amount greater than five percent of the gross receipts from a
bingo game or raffle less the amount awarded as cash or merchandise prizes.
(b) Taxation of amusement games shall only be in an
amount sufficient to pay the actual costs of enforcement of
the provisions of this chapter by the county, city or town law
enforcement agency and in no event shall such taxation
exceed two percent of the gross receipts from the amusement
game less the amount awarded as prizes.
(c) No tax shall be imposed under the authority of this
chapter on bingo or amusement games when such activities
or any combination thereof are conducted by any bona fide
charitable or nonprofit organization as defined in this chapter,
which organization has no paid operating or management
personnel and has gross receipts from bingo or amusement
games, or a combination thereof, not exceeding five thousand
dollars per year, less the amount awarded as cash or merchandise prizes.
(d) No tax shall be imposed on the first ten thousand dollars of gross receipts less the amount awarded as cash or merchandise prizes from raffles conducted by any bona fide charitable or nonprofit organization as defined in this chapter.
(e) Taxation of punchboards and pull-tabs for bona fide
charitable or nonprofit organizations is based on gross
receipts from the operation of the games less the amount
awarded as cash or merchandise prizes, and shall not exceed
a rate of ten percent. At the option of the county, city-county,
city, or town, the taxation of punchboards and pull-tabs for
commercial stimulant operators may be based on gross
receipts from the operation of the games, and may not exceed
a rate of five percent, or may be based on gross receipts from
the operation of the games less the amount awarded as cash
or merchandise prizes, and may not exceed a rate of ten percent.
(f) Taxation of social card games may not exceed twenty
percent of the gross revenue from such games.
(4) Taxes imposed under this chapter become a lien upon
personal and real property used in the gambling activity in the
same manner as provided for under RCW 84.60.010. The lien
shall attach on the date the tax becomes due and shall relate
back and have priority against real and personal property to
the same extent as ad valorem taxes. [1999 c 221 § 1; 1997 c
394 § 4; 1994 c 301 § 2; 1991 c 161 § 1; 1987 c 4 § 39. Prior:
1985 c 468 § 2; 1985 c 172 § 1; 1981 c 139 § 8; 1977 ex.s. c
198 § 1; 1974 ex.s. c 155 § 8; 1974 ex.s. c 135 § 8; 1973 1st
ex.s. c 218 § 11.]
Additional notes found at www.leg.wa.gov
9.46.113 Taxation of gambling activities—Disbursement. Any county, city or town which collects a tax on gambling activities authorized pursuant to RCW 9.46.110 must
use the revenue from such tax primarily for the purpose of
public safety. [2010 c 127 § 6; 1975 1st ex.s. c 166 § 11.]
9.46.113
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Gambling—1973 Act
9.46.116 Fees on pull-tab and punchboard sales. The
commission shall charge fees or increased fees on pull-tabs
sold over-the-counter and on sales from punchboards and
pull-tab devices at levels necessary to assure that the
increased revenues are equal or greater to the amount of revenue lost by removing the special tax on coin-operated gambling devices by the 1984 repeal of *RCW 9.46.115. [1985 c
7 § 2; 1984 c 135 § 2.]
9.46.116
*Reviser’s note: RCW 9.46.115 was repealed by 1984 c 135 § 1, effective July 1, 1984.
Additional notes found at www.leg.wa.gov
9.46.120 Restrictions on management or operation
personnel—Restriction on leased premises. (1) Except in
the case of an agricultural fair as authorized under chapters
15.76 and 36.37 RCW, no person other than a member of a
bona fide charitable or nonprofit organization (and their
employees) or any other person, association or organization
(and their employees) approved by the commission, shall
take any part in the management or operation of any gambling activity authorized under this chapter unless approved
by the commission. No person who takes any part in the management or operation of any such gambling activity shall take
any part in the management or operation of any gambling
activity conducted by any other organization or any other
branch of the same organization unless approved by the commission. No part of the proceeds of the activity shall inure to
the benefit of any person other than the organization conducting such gambling activities or if such gambling activities be
for the charitable benefit of any specific persons designated
in the application for a license, then only for such specific
persons as so designated.
(2) No bona fide charitable or nonprofit organization or
any other person, association or organization shall conduct
any gambling activity authorized under this chapter in any
leased premises if rental for such premises is unreasonable or
to be paid, wholly or partly, on the basis of a percentage of
the receipts or profits derived from such gambling activity.
[1997 c 394 § 3; 1987 c 4 § 40; 1973 1st ex.s. c 218 § 12.]
9.46.120
9.46.130 Inspection and audit of premises, paraphernalia, books, and records—Reports for the commission.
The premises and paraphernalia, and all the books and
records of any person, association or organization conducting
gambling activities authorized under this chapter and any
person, association or organization receiving profits therefrom or having any interest therein shall be subject to inspection and audit at any reasonable time, with or without notice,
upon demand, by the commission or its designee, the attorney
general or his designee, the chief of the Washington state
patrol or his designee or the prosecuting attorney, sheriff or
director of public safety or their designees of the county
wherein located, or the chief of police or his designee of any
city or town in which said organization is located, for the purpose of determining compliance or noncompliance with the
provisions of this chapter and any rules or regulations or local
ordinances adopted pursuant thereto. A reasonable time for
the purpose of this section shall be: (1) If the items or records
to be inspected or audited are located anywhere upon a premises any portion of which is regularly open to the public or
members and guests, then at any time when the premises are
9.46.130
(2010 Ed.)
9.46.140
so open, or at which they are usually open; or (2) if the items
or records to be inspected or audited are not located upon a
premises set out in subsection (1) above, then any time
between the hours of 8:00 a.m. and 9:00 p.m., Monday
through Friday.
The commission shall be provided at such reasonable
intervals as the commission shall determine with a report,
under oath, detailing all receipts and disbursements in connection with such gambling activities together with such
other reasonable information as required in order to determine whether such activities comply with the purposes of this
chapter or any local ordinances relating thereto. [1981 c 139
§ 10; 1975 1st ex.s. c 166 § 7; 1973 1st ex.s. c 218 § 13.]
Additional notes found at www.leg.wa.gov
9.46.140 Gambling commission—Investigations—
Inspections—Hearing and subpoena power—Administrative law judges. (1) The commission or its authorized
representative may:
(a) Make necessary public or private investigations
within or outside of this state to determine whether any person has violated or is about to violate this chapter or any rule
or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder; and
(b) Inspect the books, documents, and records of any
person lending money to or in any manner financing any
license holder or applicant for a license or receiving any
income or profits from the use of such license for the purpose
of determining compliance or noncompliance with the provisions of this chapter or the rules and regulations adopted pursuant thereto.
(2) For the purpose of any investigation or proceeding
under this chapter, the commission or an administrative law
judge appointed under chapter 34.12 RCW may conduct
hearings, administer oaths or affirmations, or upon the commission’s or administrative law judge’s motion or upon
request of any party may subpoena witnesses, compel attendance, take depositions, take evidence, or require the production of any matter which is relevant to the investigation or
proceeding, including but not limited to the existence,
description, nature, custody, condition, or location of any
books, documents, or other tangible things, or the identity or
location of persons having knowledge or relevant facts, or
any other matter reasonably calculated to lead to the discovery of material evidence.
(3) Upon failure to obey a subpoena or to answer questions propounded by the administrative law judge and upon
reasonable notice to all persons affected thereby, the director
may apply to the superior court for an order compelling compliance.
(4) The administrative law judges appointed under chapter 34.12 RCW may conduct hearings respecting the suspension, revocation, or denial of licenses, who may administer
oaths, admit or deny admission of evidence, compel the
attendance of witnesses, issue subpoenas, issue orders, and
exercise all other powers and perform all other functions set
out in RCW 34.05.446, 34.05.449, and 34.05.452.
(5) Except as otherwise provided in this chapter, all proceedings under this chapter shall be in accordance with the
Administrative Procedure Act, chapter 34.05 RCW. [1989 c
9.46.140
[Title 9 RCW—page 55]
9.46.150
Title 9 RCW: Crimes and Punishments
175 § 42; 1981 c 67 § 16; 1977 ex.s. c 326 § 7; 1975 1st ex.s.
c 166 § 8; 1973 1st ex.s. c 218 § 14.]
Additional notes found at www.leg.wa.gov
9.46.150
9.46.150 Injunctions—Voiding of licenses, permits,
or certificates. (1) Any activity conducted in violation of
any provision of this chapter may be enjoined in an action
commenced by the commission through the attorney general
or by the prosecuting attorney or legal counsel of any city or
town in which the prohibited activity may occur.
(2) When a violation of any provision of this chapter or
any rule or regulation adopted pursuant hereto has occurred
on any property or premises for which one or more licenses,
permits, or certificates issued by this state, or any political
subdivision or public agency thereof are in effect, all such
licenses, permits and certificates may be voided and no
license, permit, or certificate so voided shall be issued or reissued for such property or premises for a period of up to sixty
days thereafter. [1973 1st ex.s. c 218 § 15.]
9.46.153
9.46.153 Applicants and licensees—Responsibilities
and duties—Waiver of liability—Investigation statement
as privileged. (1) It shall be the affirmative responsibility of
each applicant and licensee to establish by clear and convincing evidence the necessary qualifications for licensure of
each person required to be qualified under this chapter, as
well as the qualifications of the facility in which the licensed
activity will be conducted;
(2) All applicants and licensees shall consent to inspections, searches and seizures and the supplying of handwriting
examples as authorized by this chapter and rules adopted
hereunder;
(3) All licensees, and persons having any interest in licensees, including but not limited to employees and agents of
licensees, and other persons required to be qualified under
this chapter or rules of the commission shall have a duty to
inform the commission or its staff of any action or omission
which they believe would constitute a violation of this chapter or rules adopted pursuant thereto. No person who so
informs the commission or the staff shall be discriminated
against by an applicant or licensee because of the supplying
of such information;
(4) All applicants, licensees, persons who are operators
or directors thereof and persons who otherwise have a substantial interest therein shall have the continuing duty to provide any assistance or information required by the commission and to investigations conducted by the commission. If,
upon issuance of a formal request to answer or produce information, evidence or testimony, any applicant, licensee or
officer or director thereof or person with a substantial interest
therein, refuses to comply, the applicant or licensee may be
denied or revoked by the commission;
(5) All applicants and licensees shall waive any and all
liability as to the state of Washington, its agencies, employees and agents for any damages resulting from any disclosure
or publication in any manner, other than a wilfully unlawful
disclosure or publication, of any information acquired by the
commission during its licensing or other investigations or
inquiries or hearings;
[Title 9 RCW—page 56]
(6) Each applicant or licensee may be photographed for
investigative and identification purposes in accordance with
rules of the commission;
(7) An application to receive a license under this chapter
or rules adopted pursuant thereto constitutes a request for
determination of the applicant’s and those person’s with an
interest in the applicant, general character, integrity and ability to engage or participate in, or be associated with, gambling or related activities impacting this state. Any written or
oral statement made in the course of an official investigation,
proceeding or process of the commission by any member,
employee or agent thereof or by any witness, testifying under
oath, which is relevant to the investigation, proceeding or
process, is absolutely privileged and shall not impose any liability for slander, libel or defamation, or constitute any
grounds for recovery in any civil action. [1981 c 139 § 14.]
Additional notes found at www.leg.wa.gov
9.46.155
9.46.155 Applicants and licensees—Bribes to public
officials, employees, agents—Penalty. (1) No applicant or
licensee shall give or provide, or offer to give or provide,
directly or indirectly, to any public official or employee or
agent of this state, or any of its agencies or political subdivisions, any compensation or reward, or share of the money or
property paid or received through gambling activities, in consideration for obtaining any license, authorization, permission or privilege to participate in any gaming operations
except as authorized by this chapter or rules adopted pursuant
thereto.
(2) Violation of this section is a class C felony for which
a person, upon conviction, shall be punished by imprisonment for not more than five years or a fine of not more than
one hundred thousand dollars, or both. [2003 c 53 § 34; 1981
c 139 § 15.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
9.46.158
9.46.158 Applicants, licensees, operators—Commission approval for hiring certain persons. No applicant for
a license from, nor licensee of, the commission, nor any operator of any gambling activity, shall, without advance
approval of the commission, knowingly permit any person to
participate in the management or operation of any activity for
which a license from the commission is required or which is
otherwise authorized by this chapter if that person:
(1) Has been convicted of, or forfeited bond upon a
charge of, or pleaded guilty to, forgery, larceny, extortion,
conspiracy to defraud, wilful failure to make required payments or reports to a governmental agency at any level, or filing false reports therewith, or of any similar offense or
offenses, or of any crime, whether a felony or misdemeanor
involving any gambling activity or physical harm to individuals or involving moral turpitude; or
(2) Has violated, failed, or refused to comply with provisions, requirements, conditions, limitations or duties imposed
by this chapter, and any amendments thereto, or any rules
adopted by the commission pursuant thereto, or has permitted, aided, abetted, caused, or conspired with another to
(2010 Ed.)
Gambling—1973 Act
cause, any person to violate any of the provisions of this
chapter or rules of the commission. [1981 c 139 § 18.]
Additional notes found at www.leg.wa.gov
9.46.160 Conducting activity without license. Any
person who conducts any activity for which a license is
required by this chapter, or by rule of the commission, without the required license issued by the commission shall be
guilty of a class B felony. If any corporation conducts any
activity for which a license is required by this chapter, or by
rule of the commission, without the required license issued
by the commission, it may be punished by forfeiture of its
corporate charter, in addition to the other penalties set forth in
this section. [1991 c 261 § 3; 1975 1st ex.s. c 166 § 9; 1973
1st ex.s. c 218 § 16.]
9.46.160
Additional notes found at www.leg.wa.gov
9.46.170 False or misleading entries or statements,
refusal to produce records. Whoever, in any application for
a license or in any book or record required to be maintained
by the commission or in any report required to be submitted
to the commission, shall make any false or misleading statement, or make any false or misleading entry or wilfully fail to
maintain or make any entry required to be maintained or
made, or who wilfully refuses to produce for inspection by
the commission, or its designee, any book, record, or document required to be maintained or made by federal or state
law, shall be guilty of a gross misdemeanor subject to the
penalty set forth in RCW 9A.20.021. [1991 c 261 § 4; 1973
1st ex.s. c 218 § 17.]
9.46.170
9.46.180 Causing person to violate chapter. Any person who knowingly causes, aids, abets, or conspires with
another to cause any person to violate any provision of this
chapter shall be guilty of a class B felony subject to the penalty in RCW 9A.20.021. [1991 c 261 § 5; 1977 ex.s. c 326 §
8; 1973 1st ex.s. c 218 § 18.]
9.46.180
9.46.185 Causing person to violate rule or regulation.
Any person who knowingly causes, aids, abets, or conspires
with another to cause any person to violate any rule or regulation adopted pursuant to this chapter shall be guilty of a
gross misdemeanor subject to the penalty set forth in RCW
9A.20.021. [1991 c 261 § 6; 1977 ex.s. c 326 § 9.]
9.46.185
9.46.190 Violations relating to fraud or deceit. Any
person or association or organization operating any gambling
activity who or which, directly or indirectly, shall in the
course of such operation:
(1) Employ any device, scheme, or artifice to defraud; or
(2) Make any untrue statement of a material fact, or omit
to state a material fact necessary in order to make the statement made not misleading, in the light of the circumstances
under which said statement is made; or
(3) Engage in any act, practice or course of operation as
would operate as a fraud or deceit upon any person;
Shall be guilty of a gross misdemeanor subject to the
penalty set forth in RCW 9A.20.021. [1991 c 261 § 7; 1977
ex.s. c 326 § 10; 1973 1st ex.s. c 218 § 19.]
9.46.190
(2010 Ed.)
9.46.196
9.46.192 Cities and towns—Ordinance enacting certain sections of chapter—Limitations—Penalties. Every
city or town is authorized to enact as an ordinance of that city
or town any or all of the sections of this chapter the violation
of which constitutes a misdemeanor or gross misdemeanor.
The city or town may not modify the language of any section
of this chapter in enacting such section except as necessary to
put the section in the proper form of an ordinance or to provide for a sentence [to] be served in the appropriate detention
facility. The ordinance must provide for the same maximum
penalty for its violation as may be imposed under the section
in this chapter. [1977 ex.s. c 326 § 11.]
9.46.192
9.46.193 Cities and towns—Ordinance adopting certain sections of chapter—Jurisdiction of courts. District
courts operating under the provisions of chapters 3.30
through 3.74 RCW, except municipal departments of such
courts operating under chapter 3.46 RCW and municipal
courts operating under chapter 3.50 RCW, shall have concurrent jurisdiction with the superior court to hear, try, and determine misdemeanor and gross misdemeanor violations of this
chapter and violations of any ordinance passed under authority of this chapter by any city or town.
Municipal courts operating under chapters 35.20 or 3.50
RCW and municipal departments of the district court operating under chapter 3.46 RCW, shall have concurrent jurisdiction with the superior court to hear, try, and determine violations of any ordinance passed under authority of this chapter
by the city or town in which the court is located.
Notwithstanding any other provision of law, each of
these courts shall have the jurisdiction and power to impose
up to the maximum penalties provided for the violation of the
ordinances adopted under the authority of this chapter.
Review of the judgments of these courts shall be as provided
in other criminal actions. [1977 ex.s. c 326 § 12.]
9.46.193
9.46.195 Obstruction of public servant—Penalty. No
person shall intentionally obstruct or attempt to obstruct a
public servant in the administration or enforcement of this
chapter by using or threatening to use physical force or by
means of any unlawful act. Any person who violates this section shall be guilty of a misdemeanor. [1974 ex.s. c 155 § 11;
1974 ex.s. c 135 § 11.]
9.46.195
Additional notes found at www.leg.wa.gov
9.46.196 Cheating—Defined. "Cheating," as used in
this chapter, means to:
(1) Employ or attempt to employ any device, scheme, or
artifice to defraud any other participant or any operator;
(2) Engage in any act, practice, or course of operation as
would operate as a fraud or deceit upon any other participant
or any operator;
(3) Engage in any act, practice, or course of operation
while participating in a gambling activity with the intent of
cheating any other participant or the operator to gain an
advantage in the game over the other participant or operator;
or
(4) Cause, aid, abet, or conspire with another person to
cause any other person to violate subsections (1) through (3)
9.46.196
[Title 9 RCW—page 57]
9.46.1961
Title 9 RCW: Crimes and Punishments
of this section. [2002 c 253 § 1; 1991 c 261 § 8; 1977 ex.s. c
326 § 13.]
9.46.1961 Cheating in the first degree. (1) A person is
guilty of cheating in the first degree if he or she engages in
cheating and:
(a) Knowingly causes, aids, abets, or conspires with
another to engage in cheating; or
(b) Holds a license or similar permit issued by the state
of Washington to conduct, manage, or act as an employee in
an authorized gambling activity.
(2) Cheating in the first degree is a class C felony subject
to the penalty set forth in RCW 9A.20.021. In addition to any
other penalties imposed by law for a conviction of a violation
of this section the court may impose an additional penalty of
up to twenty thousand dollars. [2002 c 253 § 2.]
9.46.1961
9.46.1962 Cheating in the second degree. (1) A person is guilty of cheating in the second degree if he or she
engages in cheating and his or her conduct does not constitute
cheating in the first degree.
(2) Cheating in the second degree is a gross misdemeanor subject to the penalty set forth in RCW 9A.20.021.
[2002 c 253 § 3.]
9.46.1962
9.46.198 Working in gambling activity without
license as violation—Penalty. Any person who works as an
employee or agent or in a similar capacity for another person
in connection with the operation of an activity for which a
license is required under this chapter or by commission rule
without having obtained the applicable license required by
the commission under RCW 9.46.070(17) shall be guilty of a
gross misdemeanor and shall, upon conviction, be punished
by not more than one year in the county jail or a fine of not
more than five thousand dollars, or both. [1999 c 143 § 7;
1977 ex.s. c 326 § 14.]
9.46.198
9.46.200 Action for money damages due to violations—Interest—Attorneys’ fees—Evidence for exoneration. In addition to any other penalty provided for in this
chapter, every person, directly or indirectly controlling the
operation of any gambling activity authorized by this chapter,
including a director, officer, and/or manager of any association, organization or corporation conducting the same,
whether charitable, nonprofit, or profit, shall be liable, jointly
and severally, for money damages suffered by any person
because of any violation of this chapter, together with interest
on any such amount of money damages at six percent per
annum from the date of the loss, and reasonable attorneys’
fees: PROVIDED, That if any such director, officer, and/or
manager did not know any such violation was taking place
and had taken all reasonable care to prevent any such violation from taking place, and if such director, officer and/or
manager shall establish by a preponderance of the evidence
that he did not have such knowledge and that he had exercised all reasonable care to prevent the violations he shall not
be liable hereunder. Any civil action under this section may
be considered a class action. [1987 c 4 § 41; 1974 ex.s. c 155
§ 10; 1974 ex.s. c 135 § 10; 1973 1st ex.s. c 218 § 20.]
9.46.200
Additional notes found at www.leg.wa.gov
[Title 9 RCW—page 58]
9.46.210
9.46.210 Enforcement—Commission as a law
enforcement agency. (1) It shall be the duty of all peace
officers, law enforcement officers, and law enforcement
agencies within this state to investigate, enforce, and prosecute all violations of this chapter.
(2) In addition to the authority granted by subsection (1)
of this section law enforcement agencies of cities and counties shall investigate and report to the commission all violations of the provisions of this chapter and of the rules of the
commission found by them and shall assist the commission in
any of its investigations and proceedings respecting any such
violations. Such law enforcement agencies shall not be
deemed agents of the commission.
(3) In addition to its other powers and duties, the commission shall have the power to enforce the penal provisions
of *chapter 218, Laws of 1973 1st ex. sess. and as it may be
amended, and the penal laws of this state relating to the conduct of or participation in gambling activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use
in connection therewith. The director, the deputy director,
both assistant directors, and each of the commission’s investigators, enforcement officers, and inspectors shall have the
power, under the supervision of the commission, to enforce
the penal provisions of *chapter 218, Laws of 1973 1st ex.
sess. and as it may be amended, and the penal laws of this
state relating to the conduct of or participation in gambling
activities and the manufacturing, importation, transportation,
distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. They shall have
the power and authority to apply for and execute all warrants
and serve process of law issued by the courts in enforcing the
penal provisions of *chapter 218, Laws of 1973 1st ex. sess.
and as it may be amended, and the penal laws of this state
relating to the conduct of or participation in gambling activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia
used or for use in connection therewith. They shall have the
power to arrest without a warrant, any person or persons
found in the act of violating any of the penal provisions of
*chapter 218, Laws of 1973 1st ex. sess. and as it may be
amended, and the penal laws of this state relating to the conduct of or participation in gambling activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use
in connection therewith. To the extent set forth above, the
commission shall be a law enforcement agency of this state
with the power to investigate for violations of and to enforce
the provisions of this chapter, as now law or hereafter
amended, and to obtain information from and provide information to all other law enforcement agencies.
(4) Criminal history record information that includes
nonconviction data, as defined in RCW 10.97.030, may be
disseminated by a criminal justice agency to the Washington
state gambling commission for any purpose associated with
the investigation for suitability for involvement in gambling
activities authorized under this chapter. The Washington
state gambling commission shall only disseminate nonconviction data obtained under this section to criminal justice
agencies. [2000 c 46 § 1; 1981 c 139 § 11; 1977 ex.s. c 326
(2010 Ed.)
Gambling—1973 Act
§ 15; 1975 1st ex.s. c 166 § 10; 1974 ex.s. c 155 § 9; 1974
ex.s. c 135 § 9; 1973 1st ex.s. c 218 § 21.]
*Reviser’s note: 1973 1st ex.s. c 218 consisted entirely of chapter 9.46
RCW and the repeal of various former laws regulating gambling.
Additional notes found at www.leg.wa.gov
9.46.215 Ownership or interest in gambling device—
Penalty—Exceptions. (1) Whoever knowingly owns, manufactures, possesses, buys, sells, rents, leases, finances, holds
a security interest in, stores, repairs, or transports any gambling device or offers or solicits any interest therein, whether
through an agent or employee or otherwise, is guilty of a class
C felony and shall be fined not more than one hundred thousand dollars or imprisoned not more than five years or both.
(2) This section does not apply to persons licensed by the
commission, or who are otherwise authorized by this chapter,
or by commission rule, to conduct gambling activities without a license, respecting devices that are to be used, or are
being used, solely in that activity for which the license was
issued, or for which the person has been otherwise authorized
if:
(a) The person is acting in conformance with this chapter
and the rules adopted under this chapter; and
(b) The devices are a type and kind traditionally and usually employed in connection with the particular activity.
(3) This section also does not apply to any act or acts by
the persons in furtherance of the activity for which the license
was issued, or for which the person is authorized, when the
activity is conducted in compliance with this chapter and in
accordance with the rules adopted under this chapter.
(4) In the enforcement of this section direct possession of
any such a gambling device is presumed to be knowing possession thereof. [2003 c 53 § 35; 1994 c 218 § 9.]
9.46.215
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
9.46.217 Gambling records—Penalty—Exceptions.
Whoever knowingly prints, makes, possesses, stores, or
transports any gambling record, or buys, sells, offers, or
solicits any interest therein, whether through an agent or
employee or otherwise, is guilty of a gross misdemeanor.
However, this section does not apply to records relating to
and kept for activities authorized by this chapter when the
records are of the type and kind traditionally and usually
employed in connection with the particular activity. This section also does not apply to any act or acts in furtherance of the
activities when conducted in compliance with this chapter
and in accordance with the rules adopted under this chapter.
In the enforcement of this section direct possession of any
such a gambling record is presumed to be knowing possession thereof. [1994 c 218 § 10.]
9.46.217
Additional notes found at www.leg.wa.gov
9.46.220 Professional gambling in the first degree.
(1) A person is guilty of professional gambling in the first
degree if he or she engages in, or knowingly causes, aids,
abets, or conspires with another to engage in professional
gambling as defined in this chapter, and:
9.46.220
(2010 Ed.)
9.46.222
(a) Acts in concert with or conspires with five or more
people; or
(b) Personally accepts wagers exceeding five thousand
dollars during any thirty-day period on future contingent
events; or
(c) The operation for whom the person works, or with
which the person is involved, accepts wagers exceeding five
thousand dollars during any thirty-day period on future contingent events; or
(d) Operates, manages, or profits from the operation of a
premises or location where persons are charged a fee to participate in card games, lotteries, or other gambling activities
that are not authorized by this chapter or licensed by the commission.
(2) However, this section shall not apply to those activities enumerated in RCW 9.46.0305 through 9.46.0361 or to
any act or acts in furtherance of such activities when conducted in compliance with the provisions of this chapter and
in accordance with the rules adopted pursuant to this chapter.
(3) Professional gambling in the first degree is a class B
felony subject to the penalty set forth in RCW 9A.20.021.
[1997 c 78 § 2; 1994 c 218 § 11; 1991 c 261 § 10; 1987 c 4 §
42; 1973 1st ex.s. c 218 § 22.]
Additional notes found at www.leg.wa.gov
9.46.221 Professional gambling in the second degree.
(1) A person is guilty of professional gambling in the second
degree if he or she engages in or knowingly causes, aids,
abets, or conspires with another to engage in professional
gambling as defined in this chapter, and:
(a) Acts in concert with or conspires with less than five
people; or
(b) Accepts wagers exceeding two thousand dollars during any thirty-day period on future contingent events; or
(c) The operation for whom the person works, or with
which the person is involved, accepts wagers exceeding two
thousand dollars during any thirty-day period on future contingent events; or
(d) Maintains a "gambling premises" as defined in this
chapter; or
(e) Maintains gambling records as defined in RCW
9.46.0253.
(2) However, this section shall not apply to those activities enumerated in RCW 9.46.0305 through 9.46.0361 or to
any act or acts in furtherance of such activities when conducted in compliance with the provisions of this chapter and
in accordance with the rules adopted pursuant to this chapter.
(3) Professional gambling in the second degree is a class
C felony subject to the penalty set forth in RCW 9A.20.021.
[1997 c 78 § 3; 1994 c 218 § 12; 1991 c 261 § 11.]
9.46.221
Additional notes found at www.leg.wa.gov
9.46.222 Professional gambling in the third degree.
(1) A person is guilty of professional gambling in the third
degree if he or she engages in, or knowingly causes, aids,
abets, or conspires with another to engage in professional
gambling as defined in this chapter, and:
(a) His or her conduct does not constitute first or second
degree professional gambling;
9.46.222
[Title 9 RCW—page 59]
9.46.225
Title 9 RCW: Crimes and Punishments
(b) He or she operates any of the unlicensed gambling
activities authorized by this chapter in a manner other than as
prescribed by this chapter; or
(c) He or she is directly employed in but not managing or
directing any gambling operation.
(2) This section shall not apply to those activities enumerated in RCW 9.46.0305 through 9.46.0361 or to any acts
in furtherance of such activities when conducted in compliance with the provisions of this chapter and the rules adopted
pursuant to this chapter.
(3) Professional gambling in the third degree is a gross
misdemeanor subject to the penalty established in RCW
9A.20.021. [1994 c 218 § 13; 1991 c 261 § 12.]
Additional notes found at www.leg.wa.gov
9.46.225 Professional gambling—Penalties not applicable to authorized activities. The penalties provided for
professional gambling in this chapter shall not apply to the
activities authorized by this chapter when conducted in compliance with the provisions of this chapter and in accordance
with the rules and regulations of the commission. [1987 c 4
§ 37. Formerly RCW 9.46.030(11).]
9.46.225
9.46.228 Gambling activities by persons under age
eighteen prohibited—Penalties—Jurisdiction—In-house
controlled purchase programs authorized. (1) It is unlawful for any person under the age of eighteen to play in authorized gambling activities including, but not limited to, punchboards, pull-tabs, or card games, or to participate in
fund-raising events. Persons under the age of eighteen may
play bingo, raffles, and amusement game activities only as
provided in commission rules.
(2) A person under the age of eighteen who violates subsection (1) of this section by engaging in, or attempting to
engage in, prohibited gambling activities commits a class 2
civil infraction under chapter 7.80 RCW and is subject to a
fine set out in chapter 7.80 RCW, up to four hours of community restitution, and any court imposed costs.
(3) The juvenile court divisions in superior courts within
the state have jurisdiction for enforcement of this section.
(4)(a) An employer may conduct an in-house controlled
purchase program authorized for the purposes of employee
training and employer self-compliance checks.
(b) The civil infraction provisions of this section do not
apply to a person under the age of eighteen who is participating in an in-house controlled purchase program authorized by
the commission under rules adopted by the commission.
Violations occurring under an in-house controlled purchase
program authorized by the commission may not be used for
criminal or administrative prosecution.
(c) An employer who conducts an in-house controlled
purchase program authorized under this section shall provide
his or her employees a written description of the employer’s
in-house controlled purchase program. The written description must include notice of actions an employer may take as a
consequence of an employee’s failure to comply with company policies regarding unauthorized persons engaging in
gambling activities during a controlled purchase program
authorized under this section.
9.46.228
[Title 9 RCW—page 60]
(5) A person under the age of eighteen who violates subsection (1) of this section shall not collect any winnings or
recover any losses arising as a result of unlawfully participating in any gambling activity. Additionally, any money or
anything of value which has been obtained by, or is owed to,
any person under the age of eighteen as a result of such participation shall be forfeited to the department of social and
health services division of alcohol and substance abuse or its
successor and used for a program related to youth problem
gambling awareness, prevention, and/or education. Any person claiming any money or things of value subject to forfeiture under this subsection will receive notice and an opportunity for a hearing under RCW 9.46.231. [2009 c 357 § 2.]
9.46.231 Gambling devices, real and personal property—Seizure and forfeiture. (1) The following are subject
to seizure and forfeiture and no property right exists in them:
(a) All gambling devices as defined in this chapter;
(b) All furnishings, fixtures, equipment, and stock,
including without limitation furnishings and fixtures adaptable to nongambling uses and equipment and stock for printing, recording, computing, transporting, or safekeeping, used
in connection with professional gambling or maintaining a
gambling premises;
(c) All conveyances, including aircraft, vehicles, or vessels, that are used, or intended for use, in any manner to facilitate the sale, delivery, receipt, or operation of any gambling
device, or the promotion or operation of a professional gambling activity, except that:
(i) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not
subject to forfeiture under this section unless it appears that
the owner or other person in charge of the conveyance is a
consenting party or privy to a violation of this chapter;
(ii) A conveyance is not subject to forfeiture under this
section by reason of any act or omission established by the
owner thereof to have been committed or omitted without the
owner’s knowledge or consent;
(iii) A forfeiture of a conveyance encumbered by a bona
fide security interest is subject to the interest of the secured
party if the secured party neither had knowledge of nor consented to the act or omission; and
(iv) If the owner of a conveyance has been arrested under
this chapter the conveyance in which the person is arrested
may not be subject to forfeiture unless it is seized or process
is issued for its seizure within ten days of the owner’s arrest;
(d) All books, records, and research products and materials, including formulas, microfilm, tapes, and electronic data
that are used, or intended for use, in violation of this chapter;
(e) All moneys, negotiable instruments, securities, or
other tangible or intangible property of value at stake or displayed in or in connection with professional gambling activity or furnished or intended to be furnished by any person to
facilitate the promotion or operation of a professional gambling activity;
(f) All tangible or intangible personal property, proceeds, or assets acquired in whole or in part with proceeds
traceable to professional gambling activity and all moneys,
negotiable instruments, and securities used or intended to be
used to facilitate any violation of this chapter. A forfeiture of
money, negotiable instruments, securities, or other tangible
9.46.231
(2010 Ed.)
Gambling—1973 Act
or intangible property encumbered by a bona fide security
interest is subject to the interest of the secured party if, at the
time the security interest was created, the secured party neither had knowledge of nor consented to the act or omission.
Personal property may not be forfeited under this subsection
(1)(f), to the extent of the interest of an owner, by reason of
any act or omission that that owner establishes was committed or omitted without the owner’s knowledge or consent;
and
(g) All real property, including any right, title, and interest in the whole of any lot or tract of land, and any appurtenances or improvements that:
(i) Have been used with the knowledge of the owner for
the manufacturing, processing, delivery, importing, or
exporting of any illegal gambling equipment, or operation of
a professional gambling activity that would constitute a felony violation of this chapter; or
(ii) Have been acquired in whole or in part with proceeds
traceable to a professional gambling activity, if the activity is
not less than a class C felony.
Real property forfeited under this chapter that is encumbered by a bona fide security interest remains subject to the
interest of the secured party if the secured party, at the time
the security interest was created, neither had knowledge of
nor consented to the act or omission. Property may not be
forfeited under this subsection, to the extent of the interest of
an owner, by reason of any act or omission committed or
omitted without the owner’s knowledge or consent.
(2)(a) A law enforcement officer of this state may seize
real or personal property subject to forfeiture under this chapter upon process issued by any superior court having jurisdiction over the property. Seizure of real property includes the
filing of a lis pendens by the seizing agency. Real property
seized under this section may not be transferred or otherwise
conveyed until ninety days after seizure or until a judgment
of forfeiture is entered, whichever is later, but real property
seized under this section may be transferred or conveyed to
any person or entity who acquires title by foreclosure or deed
in lieu of foreclosure of a bona fide security interest.
(b) Seizure of personal property without process may be
made if:
(i) The seizure is incident to an arrest or a search under a
search warrant or an inspection under an administrative
inspection warrant;
(ii) The property subject to seizure has been the subject
of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter;
(iii) A law enforcement officer has probable cause to
believe that the property is directly or indirectly dangerous to
health or safety; or
(iv) The law enforcement officer has probable cause to
believe that the property was used or is intended to be used in
violation of this chapter.
(3) In the event of seizure under subsection (2) of this
section, proceedings for forfeiture are deemed commenced
by the seizure. The law enforcement agency under whose
authority the seizure was made shall cause notice to be served
within fifteen days following the seizure on the owner of the
property seized and the person in charge thereof and any person having any known right or interest therein, including any
community property interest, of the seizure and intended for(2010 Ed.)
9.46.231
feiture of the seized property. Service of notice of seizure of
real property must be made according to the rules of civil procedure. However, the state may not obtain a default judgment with respect to real property against a party who is
served by substituted service absent an affidavit stating that a
good faith effort has been made to ascertain if the defaulted
party is incarcerated within the state, and that there is no
present basis to believe that the party is incarcerated within
the state. Notice of seizure in the case of property subject to
a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9A RCW, or a
certificate of title, must be made by service upon the secured
party or the secured party’s assignee at the address shown on
the financing statement or the certificate of title. The notice
of seizure in other cases may be served by any method authorized by law or court rule including but not limited to service
by certified mail with return receipt requested. Service by
mail is deemed complete upon mailing within the fifteen-day
period following the seizure.
(4) If no person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of items specified in subsection (1) of this section within forty-five days of the seizure in the case of personal property and ninety days in the case of real property,
the item seized is deemed forfeited. The community property
interest in real property of a person whose spouse or domestic
partner committed a violation giving rise to seizure of the real
property may not be forfeited if the person did not participate
in the violation.
(5) If any person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of items specified in subsection (1) of this section within forty-five days of the seizure in the case of personal property and ninety days in the case of real property,
the person or persons must be afforded a reasonable opportunity to be heard as to the claim or right. The hearing must be
before the chief law enforcement officer of the seizing
agency or the chief law enforcement officer’s designee,
except if the seizing agency is a state agency as defined in
RCW 34.12.020(4), the hearing must be before the chief law
enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except
that any person asserting a claim or right may remove the
matter to a court of competent jurisdiction. Removal of any
matter involving personal property may only be accomplished according to the rules of civil procedure. The person
seeking removal of the matter must serve process against the
state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in
accordance with RCW 4.28.080 or 4.92.020, within fortyfive days after the person seeking removal has notified the
seizing law enforcement agency of the person’s claim of
ownership or right to possession. The court to which the matter is to be removed must be the district court if the aggregate
value of personal property is within the jurisdictional limit set
forth in RCW 3.66.020. A hearing before the seizing agency
and any appeal therefrom must be under Title 34 RCW. In a
court hearing between two or more claimants to the article or
articles involved, the prevailing party is entitled to a judgment for costs and reasonable attorneys’ fees. In cases
involving personal property, the burden of producing evi[Title 9 RCW—page 61]
9.46.231
Title 9 RCW: Crimes and Punishments
dence is upon the person claiming to be the lawful owner or
the person claiming to have the lawful right to possession of
the property. In cases involving property seized under subsection (1)(a) of this section, the only issues to be determined
by the tribunal are whether the item seized is a gambling
device, and whether the device is an antique device as
defined by RCW 9.46.235. In cases involving real property,
the burden of producing evidence is upon the law enforcement agency. The burden of proof that the seized real property is subject to forfeiture is upon the law enforcement
agency. The seizing law enforcement agency shall promptly
return the article or articles to the claimant upon a final determination by the administrative law judge or court that the
claimant is the present lawful owner or is lawfully entitled to
possession thereof of items specified in subsection (1) of this
section.
(6) If property is forfeited under this chapter the seizing
law enforcement agency may:
(a) Retain it for official use or upon application by any
law enforcement agency of this state release the property to
the agency for training or use in enforcing this chapter;
(b) Sell that which is not required to be destroyed by law
and which is not harmful to the public; or
(c) Destroy any articles that may not be lawfully possessed within the state of Washington, or that have a fair market value of less than one hundred dollars.
(7)(a) If property is forfeited, the seizing agency shall
keep a record indicating the identity of the prior owner, if
known, a description of the property, the disposition of the
property, the value of the property at the time of seizure, and
the amount of proceeds realized from disposition of the property. The net proceeds of forfeited property is the value of the
forfeitable interest in the property after deducting the cost of
satisfying any bona fide security interest to which the property is subject at the time of seizure, and in the case of sold
property, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents.
(b) Each seizing agency shall retain records of forfeited
property for at least seven years.
(8) The seizing law enforcement agency shall retain forfeited property and net proceeds exclusively for the expansion and improvement of gambling-related law enforcement
activity. Money retained under this section may not be used
to supplant preexisting funding sources.
(9) Gambling devices that are possessed, transferred,
sold, or offered for sale in violation of this chapter are contraband and must be seized and summarily forfeited to the state.
Gambling equipment that is seized or comes into the possession of a law enforcement agency, the owners of which are
unknown, are contraband and must be summarily forfeited to
the state.
(10) Upon the entry of an order of forfeiture of real property, the court shall forward a copy of the order to the assessor of the county in which the property is located. The superior court shall enter orders for the forfeiture of real property,
subject to court rules. The seizing agency shall file such an
order in the county auditor’s records in the county in which
the real property is located.
(11)(a) A landlord may assert a claim against proceeds
from the sale of assets seized and forfeited under subsection
(6)(b) of this section, only if:
[Title 9 RCW—page 62]
(i) A law enforcement officer, while acting in his or her
official capacity, directly caused damage to the complaining
landlord’s property while executing a search of a tenant’s residence; and
(ii) The landlord has applied any funds remaining in the
tenant’s deposit, to which the landlord has a right under chapter 59.18 RCW, to cover the damage directly caused by a law
enforcement officer before asserting a claim under this section.
(A) Only if the funds applied under (a)(ii) of this subsection are insufficient to satisfy the damage directly caused by
a law enforcement officer, may the landlord seek compensation for the damage by filing a claim against the governmental entity under whose authority the law enforcement agency
operates within thirty days after the search; and
(B) Only if the governmental entity denies or fails to
respond to the landlord’s claim within sixty days of the date
of filing, may the landlord collect damages under this subsection by filing within thirty days of denial or the expiration of
the sixty-day period, whichever occurs first, a claim with the
seizing law enforcement agency. The seizing law enforcement agency shall notify the landlord of the status of the
claim by the end of the thirty-day period. This section does
not require the claim to be paid by the end of the sixty-day or
thirty-day period.
(b) For any claim filed under (a)(ii) of this subsection,
the law enforcement agency shall pay the claim unless the
agency provides substantial proof that the landlord either:
(i) Knew or consented to actions of the tenant in violation of this chapter; or
(ii) Failed to respond to a notification of the illegal activity, provided by a law enforcement agency within seven days
of receipt of notification of the illegal activity.
(12) The landlord’s claim for damages under subsection
(11) of this section may not include a claim for loss of business and is limited to:
(a) Damage to tangible property and clean-up costs;
(b) The lesser of the cost of repair or fair market value of
the damage directly caused by a law enforcement officer;
(c) The proceeds from the sale of the specific tenant’s
property seized and forfeited under subsection (6)(b) of this
section; and
(d) The proceeds available after the seizing law enforcement agency satisfies any bona fide security interest in the
tenant’s property and costs related to sale of the tenant’s
property as provided by subsection (7)(a) of this section.
(13) Subsections (11) and (12) of this section do not limit
any other rights a landlord may have against a tenant to collect for damages. However, if a law enforcement agency satisfies a landlord’s claim under subsection (11) of this section,
the rights the landlord has against the tenant for damages
directly caused by a law enforcement officer under the terms
of the landlord and tenant’s contract are subrogated to the law
enforcement agency.
(14) Liability is not imposed by this section upon any
authorized state, county, or municipal officer, including a
commission special agent, in the lawful performance of his or
her duties. [2008 c 6 § 629; 1997 c 128 § 1; 1994 c 218 § 7.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Gambling—1973 Act
9.46.235 Slot machines, antique—Defenses concerning—Presumption created. (1) For purposes of a prosecution under RCW 9.46.215 or a seizure, confiscation, or
destruction order under RCW 9.46.231, it shall be a defense
that the gambling device involved is an antique slot machine
and that the antique slot machine was not operated for gambling purposes while in the owner’s or defendant’s possession. Operation of an antique slot machine shall be only by
free play or with coins provided at no cost by the owner. No
slot machine, having been seized under this chapter, may be
altered, destroyed, or disposed of without affording the
owner thereof an opportunity to present a defense under this
section. If the defense is applicable, the antique slot machine
shall be returned to the owner or defendant, as the court may
direct.
(2) RCW 9.46.231 shall have no application to any
antique slot machine that has not been operated for gambling
purposes while in the owner’s possession.
(3) For the purposes of this section, a slot machine shall
be conclusively presumed to be an antique slot machine if it
is at least twenty-five years old.
(4) RCW 9.46.231 and 9.46.215 do not apply to gambling devices on board a passenger cruise ship which has
been registered and bonded with the federal maritime commission, if the gambling devices are not operated for gambling purposes within the state. [1994 c 218 § 15; 1987 c 191
§ 1; 1977 ex.s. c 165 § 1.]
9.46.235
Additional notes found at www.leg.wa.gov
9.46.240 Gambling information, transmitting or
receiving. Whoever knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore,
the internet, a telecommunications transmission system, or
similar means, or knowingly installs or maintains equipment
for the transmission or receipt of gambling information shall
be guilty of a class C felony subject to the penalty set forth in
RCW 9A.20.021. However, this section shall not apply to
such information transmitted or received or equipment
installed or maintained relating to activities authorized by
this chapter or to any act or acts in furtherance thereof when
conducted in compliance with the provisions of this chapter
and in accordance with the rules adopted under this chapter.
[2006 c 290 § 2; 1991 c 261 § 9; 1987 c 4 § 44; 1973 1st ex.s.
c 218 § 24.]
9.46.240
State policy—2006 c 290: "It is the policy of this state to prohibit all
forms and means of gambling, except where carefully and specifically authorized and regulated. With the advent of the internet and other technologies
and means of communication that were not contemplated when either the
gambling act was enacted in 1973, or the lottery commission was created in
1982, it is appropriate for this legislature to reaffirm the policy prohibiting
gambling that exploits such new technologies." [2006 c 290 § 1.]
9.46.250 Gambling property or premises—Common
nuisances, abatement—Termination of interests,
licenses—Enforcement. (1) All gambling premises are
common nuisances and shall be subject to abatement by
injunction or as otherwise provided by law. The plaintiff in
any action brought under this subsection against any gambling premises, need not show special injury and may, in the
discretion of the court, be relieved of all requirements as to
giving security.
9.46.250
(2010 Ed.)
9.46.285
(2) When any property or premise held under a mortgage, contract or leasehold is determined by a court having
jurisdiction to be a gambling premises, all rights and interests
of the holder therein shall terminate and the owner shall be
entitled to immediate possession at his election: PROVIDED, HOWEVER, That this subsection shall not apply to
those premises in which activities authorized by this chapter
or any act or acts in furtherance thereof are carried on when
conducted in compliance with the provisions of this chapter
and in accordance with the rules and regulations adopted pursuant thereto.
(3) When any property or premises for which one or
more licenses issued by the commission are in effect, is determined by a court having jurisdiction to be a gambling
premise, all such licenses may be voided and no longer in
effect, and no license so voided shall be issued or reissued for
such property or premises for a period of up to sixty days
thereafter. Enforcement of this subsection shall be the duty of
all peace officers and all taxing and licensing officials of this
state and its political subdivisions and other public agencies.
This subsection shall not apply to property or premises in
which activities authorized by this chapter, or any act or acts
in furtherance thereof, are carried on when conducted in compliance with the provisions of this chapter and in accordance
with the rules and regulations adopted pursuant thereto.
[1987 c 4 § 45; 1973 1st ex.s. c 218 § 25.]
9.46.260
9.46.260 Proof of possession as evidence of knowledge of its character. Proof of possession of any device
used for professional gambling or any record relating to professional gambling specified in RCW 9.46.215 is prima facie
evidence of possession thereof with knowledge of its character or contents. [1994 c 218 § 16; 1973 1st ex.s. c 218 § 26.]
Additional notes found at www.leg.wa.gov
9.46.270
9.46.270 Taxing authority, exclusive. This chapter
shall constitute the exclusive legislative authority for the taxing by any city, town, city-county or county of any gambling
activity and its application shall be strictly construed to those
activities herein permitted and to those persons, associations
or organizations herein permitted to engage therein. [1973
1st ex.s. c 218 § 27.]
9.46.285
9.46.285 Licensing and regulation authority, exclusive. This chapter constitutes the exclusive legislative
authority for the licensing and regulation of any gambling
activity and the state preempts such licensing and regulatory
functions, except as to the powers and duties of any city,
town, city-county, or county which are specifically set forth
in this chapter. Any ordinance, resolution, or other legislative
act by any city, town, city-county, or county relating to gambling in existence on September 27, 1973 shall be as of that
date null and void and of no effect. Any such city, town, citycounty, or county may thereafter enact only such local law as
is consistent with the powers and duties expressly granted to
and imposed upon it by chapter 9.46 RCW and which is not
in conflict with that chapter or with the rules of the commission. [1973 2nd ex.s. c 41 § 8.]
[Title 9 RCW—page 63]
9.46.291
Title 9 RCW: Crimes and Punishments
9.46.291 State lottery exemption. The provisions of
this chapter shall not apply to the conducting, operating, participating, or selling or purchasing of tickets or shares in the
"lottery" or "state lottery" as defined in RCW 67.70.010
when such conducting, operating, participating, or selling or
purchasing is in conformity to the provisions of chapter 67.70
RCW and to the rules adopted thereunder. [1982 2nd ex.s. c
7 § 39.]
9.46.291
Additional notes found at www.leg.wa.gov
9.46.293 Fishing derbies exempted. Any fishing
derby, defined under RCW 9.46.0229, shall not be subject to
any other provisions of this chapter or to any rules or regulations of the commission. [1989 c 8 § 1; 1975 1st ex.s. c 166
§ 13.]
9.46.293
Additional notes found at www.leg.wa.gov
9.46.295 Licenses, scope of authority—Exception.
(1) Any license to engage in any of the gambling activities
authorized by this chapter as now exists or as hereafter
amended, and issued under the authority thereof shall be legal
authority to engage in the gambling activities for which
issued throughout the incorporated and unincorporated area
of any county, except that a city located therein with respect
to that city, or a county with respect to all areas within that
county except for such cities, may absolutely prohibit, but
may not change the scope of license, any or all of the gambling activities for which the license was issued.
(2) A city or town with a prohibition on house-banked
social card game licenses that annexes an area that is within a
city, town, or county that permits house-banked social card
games may allow a house-banked social card game business
that was licensed by the commission as of July 26, 2009, to
continue operating if the city or town is authorized to impose
a tax under RCW 82.14.415 and can demonstrate that the
continuation of the house-banked social card game business
will reduce the credit against the state sales and use tax as
provided in RCW 82.14.415(7). A city or town that allows a
house-banked social card game business in an annexed area
to continue operating is not required to allow additional
house-banked social card game businesses. [2009 c 550 § 2;
1974 ex.s. c 155 § 6; 1974 ex.s. c 135 § 6.]
9.46.295
Additional notes found at www.leg.wa.gov
9.46.300 Licenses and reports—Public inspection—
Exceptions and requirements—Charges. All applications
for licenses made to the commission, with the exception of
any portions of the applications describing the arrest or conviction record of any person, and all reports required by the
commission to be filed by its licensees on a periodic basis
concerning the operation of the licensed activity or concerning any organization, association, or business in connection
with which a licensed activity is operated, in the commission
files, shall be open to public inspection at the commission’s
offices upon a prior written request of the commission. The
staff of the commission may decline to allow an inspection
until such time as the inspection will not unduly interfere
with the other duties of the staff. The commission may charge
the person making a request for an inspection an amount necessary to offset the costs to the commission of providing the
9.46.300
[Title 9 RCW—page 64]
inspection and copies of any requested documents. [1977
ex.s. c 326 § 17.]
9.46.310 Licenses for manufacture, sale, distribution,
or supply of gambling devices. No person shall manufacture, and no person shall sell, distribute, furnish or supply to
any other person, any gambling device, including but not limited to punchboards and pull-tabs, in this state, or for use
within this state, without first obtaining a license to do so
from the commission under the provisions of this chapter.
Such licenses shall not be issued by the commission
except respecting devices which are designed and permitted
for use in connection with activities authorized under this
chapter: PROVIDED, That this requirement for licensure
shall apply only insofar as the commission has adopted, or
may adopt, rules implementing it as to particular categories
of gambling devices and related equipment. [1981 c 139 §
13.]
9.46.310
Additional notes found at www.leg.wa.gov
9.46.350 Civil action to collect fees, interest, penalties, or tax—Writ of attachment—Records as evidence.
At any time within five years after any amount of fees, interest, penalties, or tax which is imposed pursuant to this chapter, or rules adopted pursuant thereto, shall become due and
payable, the attorney general, on behalf of the commission,
may bring a civil action in the courts of this state, or any other
state, or of the United States, to collect the amount delinquent, together with penalties and interest: PROVIDED,
That where the tax is one imposed by a county, city or town
under RCW 9.46.110, any such action shall be brought by
that county, city or town on its own behalf. An action may be
brought whether or not the person owing the amount is at
such time a licensee pursuant to the provisions of this chapter.
If such an action is brought in the courts of this state, a
writ of attachment may be issued and no bond or affidavit
prior to the issuance thereof shall be required. In all actions in
this state, the records of the commission, or the appropriate
county, city or town, shall be prima facie evidence of the
determination of the tax due or the amount of the delinquency. [1981 c 139 § 16.]
9.46.350
Additional notes found at www.leg.wa.gov
9.46.360 Indian tribes—Compact negotiation process. (1) The negotiation process for compacts with federally
recognized Indian tribes for conducting class III gaming, as
defined in the Indian Gaming Regulatory Act, 25 U.S.C. Sec.
2701 et seq., on federal Indian lands is governed by this section.
(2) The gambling commission through the director or the
director’s designee shall negotiate compacts for class III
gaming on behalf of the state with federally recognized
Indian tribes in the state of Washington.
(3) When a tentative agreement with an Indian tribe on a
proposed compact is reached, the director shall immediately
transmit a copy of the proposed compact to all voting and ex
officio members of the gambling commission and to the
standing committees designated pursuant to subsection (5) of
this section.
9.46.360
(2010 Ed.)
Gambling—1973 Act
(4) Notwithstanding RCW 9.46.040, the four ex officio
members of the gambling commission shall be deemed voting members of the gambling commission for the sole purpose of voting on proposed compacts submitted under this
section.
(5) Within thirty days after receiving a proposed compact from the director, one standing committee from each
house of the legislature shall hold a public hearing on the proposed compact and forward its respective comments to the
gambling commission. The president of the senate shall designate the senate standing committee that is to carry out the
duties of this section, and the speaker of the house of representatives shall designate the house standing committee that
is to carry out the duties of this section. The designated committees shall continue to perform under this section until the
president of the senate or the speaker of the house of representatives, as the case may be, designates a different standing
committee.
(6) The gambling commission may hold public hearings
on the proposed compact any time after receiving a copy of
the compact from the director. Within forty-five days after
receiving the proposed compact from the director, the gambling commission, including the four ex officio members,
shall vote on whether to return the proposed compact to the
director with instructions for further negotiation or to forward
the proposed compact to the governor for review and final
execution.
(7) Notwithstanding provisions in this section to the contrary, if the director forwards a proposed compact to the gambling commission and the designated standing committees
within ten days before the beginning of a regular session of
the legislature, or during a regular or special session of the
legislature, the thirty-day time limit set forth in subsection (5)
of this section and the forty-five day limit set forth in subsection (6) of this section are each forty-five days and sixty days,
respectively.
(8) Funding for the negotiation process under this section
must come from the gambling revolving fund.
(9) In addition to the powers granted under this chapter,
the commission, consistent with the terms of any compact, is
authorized and empowered to enforce the provisions of any
compact between a federally recognized Indian tribe and the
state of Washington. [1992 c 172 § 2.]
Additional notes found at www.leg.wa.gov
9.46.903
any rules or regulations of the gambling commission. [1996
c 101 § 3.]
Findings—1996 c 101: See note following RCW 77.32.530.
9.46.410
9.46.410 Use of public assistance electronic benefit
cards prohibited—Licensee to report violations. (1) Any
licensee authorized under this chapter is prohibited from
allowing the use of public assistance electronic benefit cards
for the purpose of participating in any of the activities authorized under this chapter.
(2) Any licensee authorized under this chapter shall
report to the department of social and health services any
known violations of RCW 74.08.580. [2002 c 252 § 2.]
9.46.420
9.46.420 RCW 9.46.410 to be negotiated with Indian
tribes. The commission shall consider the provisions of
RCW 9.46.410 as elements to be negotiated with federally
recognized Indian tribes as provided in RCW 9.46.360.
[2002 c 252 § 3.]
9.46.900
9.46.900 Severability—1973 1st ex.s. c 218. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter, or
the application of the provision to other persons or circumstances is not affected. [1973 1st ex.s. c 218 § 31.]
Reviser’s note: See note following RCW 9.46.010.
9.46.901
9.46.901 Intent—1987 c 4. The separation of definitions and authorized activities provisions of the state’s gambling statutes into shorter sections is intended to improve the
readability and facilitate the future amendment of these sections. This separation shall not change the meaning of any of
the provisions involved. [1987 c 4 § 1.]
9.46.902
9.46.902 Construction—1987 c 4. This act shall not be
construed as affecting any existing right acquired or liability
or obligation incurred under the sections amended or
repealed in this act or under any rule, regulation, or order
adopted under those sections, nor as affecting any proceeding
instituted under those sections. [1987 c 4 § 48.]
9.46.36001
9.46.36001 Tribal actions—Federal jurisdiction. The
state consents to the jurisdiction of the federal courts in
actions brought by a tribe pursuant to the Indian gaming regulatory act of 1988 or seeking enforcement of a state/tribal
compact adopted under the Indian gaming regulatory act,
conditioned upon the tribe entering into such a compact and
providing similar consent. This limited waiver of sovereign
immunity shall not extend to actions other than those
expressly set forth herein. [2007 c 321 § 1; 2001 c 236 § 1.]
9.46.400
9.46.400 Wildlife raffle. Any raffle authorized by the
fish and wildlife commission involving hunting big game
animals or wild turkeys shall not be subject to any provisions
of this chapter other than RCW 9.46.010 and this section or to
(2010 Ed.)
9.46.903
9.46.903 Intent—1994 c 218. The legislature intends
with chapter 218, Laws of 1994 to clarify the state’s public
policy on gambling regarding the frequency of state lottery
drawings, the means of addressing problem and compulsive
gambling, and the enforcement of the state’s gambling laws.
Chapter 218, Laws of 1994 is intended to clarify the specific
types of games prohibited in chapter 9.46 RCW and is not
intended to add to existing law regarding prohibited activities. The legislature recognizes that slot machines, video pulltabs, video poker, and other electronic games of chance have
been considered to be gambling devices before April 1, 1994.
[1994 c 218 § 1.]
Additional notes found at www.leg.wa.gov
[Title 9 RCW—page 65]
Chapter 9.47
Chapter 9.47
Title 9 RCW: Crimes and Punishments
Chapter 9.47 RCW
GAMBLING
Sections
9.47.080
9.47.090
9.47.100
9.47.120
Bucket shop defined.
Maintaining bucket shop—Penalty.
Written statement to be furnished—Presumption.
Bunco steering.
Action to recover
leased premises used for gambling: RCW 4.24.080.
money lost at gambling: RCW 4.24.070, 4.24.090.
Baseball, bribery and illegal practices: RCW 67.04.010, 67.04.020,
67.04.050.
Gaming apparatus, search and seizure: RCW 10.79.015.
Sporting contests, fraud: RCW 67.24.010.
9.47.080 Bucket shop defined. A bucket shop is
hereby defined to be a shed, tent, tenement, booth, building,
float or vessel, or any part thereof, wherein may be made contracts respecting the purchase or sale upon margin or credit of
any commodities, securities, or property, or option for the
purchase thereof, wherein both parties intend that such contract shall or may be terminated, closed and settled; either,
(1) Upon the basis of the market prices quoted or made
on any board of trade or exchange upon which such commodities, securities, or property may be dealt in; or,
(2) When the market prices for such commodities, securities or property shall reach a certain figure in any such
board of trade or exchange; or,
(3) On the basis of the difference in the market prices at
which said commodities, securities or property are, or purport
to be, bought and sold. [1909 c 249 § 223; RRS § 2475.]
9.47.080
Securities and investments: Title 21 RCW.
9.47.090 Maintaining bucket shop—Penalty. Every
person, whether in his or her own behalf, or as agent, servant
or employee of another person, within or outside of this state,
who shall open, conduct or carry on any bucket shop, or make
or offer to make any contract described in RCW 9.47.080, or
with intent to make such a contract, or assist therein, shall
receive, exhibit, or display any statement of market prices of
any commodities, securities, or property, is guilty of a class C
felony and shall be punished by imprisonment in a state correctional facility for not more than five years. [2003 c 53 §
36; 1992 c 7 § 13; 1909 c 249 § 224; RRS § 2476.]
9.47.090
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.47.100 Written statement to be furnished—Presumption. Every person, whether in his own behalf, or as the
servant, agent or employee of another person, within or outside of this state, who shall buy or sell for another, or execute
any order for the purchase or sale of any commodities, securities or property, upon margin or credit, whether for immediate or future delivery, shall, upon written demand therefor,
furnish such principal or customer with a written statement
containing the names of the persons from whom such property was bought, or to whom it has been sold, as the case may
be, the time when, the place where, the amount of, and the
price at which the same was either bought or sold; and if such
person shall refuse or neglect to furnish such statement
within forty-eight hours after such written demand, such
9.47.100
[Title 9 RCW—page 66]
refusal shall be prima facie evidence as against him that such
purchase or sale was made in violation of RCW 9.47.090.
[1909 c 249 § 225; RRS § 2477.]
9.47.120 Bunco steering. Every person who shall
entice, or induce another, upon any pretense, to go to any
place where any gambling game, scheme or device, or any
trick, sleight of hand performance, fraud or fraudulent
scheme, cards, dice or device, is being conducted or operated;
or while in such place shall entice or induce another to bet,
wager or hazard any money or property, or representative of
either, upon any such game, scheme, device, trick, sleight of
hand performance, fraud or fraudulent scheme, cards, dice, or
device, or to execute any obligation for the payment of
money, or delivery of property, or to lose, advance, or loan
any money or property, or representative of either, is guilty of
a class B felony and shall be punished by imprisonment in a
state correctional facility for not more than ten years. [2003
c 53 § 37; 1992 c 7 § 14; 1909 c 249 § 227; RRS § 2479.]
9.47.120
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Swindling: Chapter 9A.60 RCW.
Chapter 9.47A
Chapter 9.47A RCW
INHALING TOXIC FUMES
(Formerly: Glue sniffing)
Sections
9.47A.010
9.47A.020
9.47A.030
9.47A.040
9.47A.050
Definition.
Unlawful inhalation—Exception.
Possession of certain substances prohibited, when.
Sale of certain substances prohibited, when.
Penalty.
9.47A.010 Definition. As used in this chapter, the
phrase "substance containing a solvent having the property of
releasing toxic vapors or fumes" shall mean and include any
substance containing one or more of the following chemical
compounds:
(1) Acetone;
(2) Amylacetate;
(3) Benzol or benzene;
(4) Butyl acetate;
(5) Butyl alcohol;
(6) Carbon tetrachloride;
(7) Chloroform;
(8) Cyclohexanone;
(9) Ethanol or ethyl alcohol;
(10) Ethyl acetate;
(11) Hexane;
(12) Isopropanol or isopropyl alcohol;
(13) Isopropyl acetate;
(14) Methyl "cellosolve" acetate;
(15) Methyl ethyl ketone;
(16) Methyl isobutyl ketone;
(17) Toluol or toluene;
(18) Trichloroethylene;
(19) Tricresyl phosphate;
(20) Xylol or xylene; or
(21) Any other solvent, material substance, chemical, or
combination thereof, having the property of releasing toxic
vapors. [1984 c 68 § 1; 1969 ex.s. c 149 § 1.]
9.47A.010
(2010 Ed.)
Juries, Crimes Relating to
9.47A.020 Unlawful inhalation—Exception. It is
unlawful for any person to intentionally smell or inhale the
fumes of any type of substance as defined in RCW 9.47A.010
or to induce any other person to do so, for the purpose of
causing a condition of, or inducing symptoms of intoxication,
elation, euphoria, dizziness, excitement, irrational behavior,
exhilaration, paralysis, stupefaction, or dulling of the senses
of the nervous system, or for the purpose of, in any manner,
changing, distorting, or disturbing the audio, visual, or mental processes. This section does not apply to the inhalation of
any anesthesia for medical or dental purposes. [1984 c 68 §
2; 1969 ex.s. c 149 § 2.]
9.47A.020
9.47A.030 Possession of certain substances prohibited, when. No person may, for the purpose of violating
RCW 9.47A.020, use, or possess for the purpose of so using,
any substance containing a solvent having the property of
releasing toxic vapors or fumes. [1984 c 68 § 3; 1969 ex.s. c
149 § 3.]
9.47A.030
9.47A.040 Sale of certain substances prohibited,
when. No person may sell, offer to sell, deliver, or give to
any other person any container of a substance containing a
solvent having the property of releasing toxic vapors or
fumes, if he has knowledge that the product sold, offered for
sale, delivered, or given will be used for the purpose set forth
in RCW 9.47A.020. [1984 c 68 § 4; 1969 ex.s. c 149 § 4.]
9.47A.040
9.47A.050 Penalty. Any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty
days, or by both. [1969 ex.s. c 149 § 5.]
9.47A.050
9.51.060
(3) Designedly omit to place upon such list any name
which was lawfully drawn; or
(4) Designedly sign or certify a list of such jurors as having been drawn which were not lawfully drawn; or
(5) Designedly and wrongfully withdraw from the box or
other receptacle for the ballots containing the names of such
jurors any paper or ballot lawfully placed or belonging there
and containing the name of a juror, or omit to place therein
any name lawfully drawn or designated, or place therein a
paper or ballot containing the name of a person not lawfully
drawn and designated as a juror; or
(6) In drawing or impanelling such jury, do any act
which is unfair, partial or improper in any respect;
Shall be guilty of a gross misdemeanor. [1909 c 249 §
75; Code 1881 § 922; 1854 p 94 § 107; RRS § 2327.]
9.51.020 Soliciting jury duty. Every person who shall,
directly or indirectly, solicit or request any person charged
with the duty of preparing any jury list to put his name, or the
name of any other person, on any such list, shall be guilty of
a gross misdemeanor. [1909 c 249 § 76; 1888 p 114 § 1; RRS
§ 2328.]
9.51.020
9.51.030 Misconduct of officer in charge of jury.
Every person to whose charge a jury shall be committed by a
court or magistrate, who shall knowingly, without leave of
such court or magistrate, permit them or any one of them to
receive any communication from any person, to make any
communication to any person, to obtain or receive any book,
paper or refreshment, or to leave the jury room, shall be
guilty of a gross misdemeanor. [1909 c 249 § 77; RRS §
2329.]
9.51.030
9.51.040 Grand juror acting after challenge allowed.
Every grand juror who, with knowledge that a challenge
interposed against him by a defendant has been allowed, shall
be present at, or take part, or attempt to take part, in the consideration of the charge against the defendant who interposed
such challenge, or the deliberations of the grand jury thereon,
shall be guilty of a misdemeanor. [1909 c 249 § 121; RRS §
2373.]
9.51.040
Chapter 9.51
Chapter 9.51 RCW
JURIES, CRIMES RELATING TO
Sections
9.51.010
9.51.020
9.51.030
9.51.040
9.51.050
9.51.060
Misconduct of officer drawing jury.
Soliciting jury duty.
Misconduct of officer in charge of jury.
Grand juror acting after challenge allowed.
Disclosing transaction of grand jury.
Disclosure of deposition returned by grand jury.
9.51.050 Disclosing transaction of grand jury. Every
judge, grand juror, prosecuting attorney, clerk, stenographer
or other officer who, except in the due discharge of his official duty, shall disclose the fact that a presentment has been
made or indictment found or ordered against any person,
before such person shall be in custody; and every grand juror,
clerk or stenographer who, except when lawfully required by
a court or officer, shall disclose any evidence adduced before
the grand jury, or any proceeding, discussion or vote of the
grand jury or any member thereof, shall be guilty of a misdemeanor. [1909 c 249 § 126; Code 1881 § 991; 1854 p 111 §
56; RRS § 2378.]
9.51.050
Grand juries: Chapter 10.27 RCW.
Juries: Chapter 2.36 RCW.
Juror asking or receiving bribe: RCW 9A.72.100.
Trial
district courts: Chapter 12.12 RCW.
generally: Chapter 4.44 RCW.
9.51.010 Misconduct of officer drawing jury. Every
person charged by law with the preparation of any jury list or
list of names from which any jury is to be drawn, and every
person authorized by law to assist at the drawing of a grand or
petit jury to attend a court or term of court or to try any cause
or issue, who shall—
(1) Place in any such list any name at the request or solicitation, direct or indirect, of any person; or
(2) Designedly put upon the list of jurors, as having been
drawn, any name which was not lawfully drawn for that purpose; or
9.51.010
(2010 Ed.)
9.51.060 Disclosure of deposition returned by grand
jury. Every clerk of any court or other officer who shall wilfully permit any deposition, or the transcript of any testimony, returned by a grand jury and filed with such clerk or
officer, to be inspected by any person except the court, the
9.51.060
[Title 9 RCW—page 67]
Chapter 9.54
Title 9 RCW: Crimes and Punishments
deputies or assistants of such clerk, and the prosecuting attorney and his deputies, until after the arrest of the defendant,
shall be guilty of a misdemeanor. [1909 c 249 § 127; RRS §
2379.]
Endangering life by breach of labor contract: RCW 49.44.080.
Insured property, injury or destruction: RCW 48.30.220.
Malicious mischief: RCW 9A.48.070 through 9A.48.100.
Mutilation or destruction of property by school official: RCW 28A.635.070.
Nuisance: Chapter 9.66 RCW.
Chapter 9.54
Chapter 9.54 RCW
STOLEN PROPERTY RESTORATION
Sections
9.54.130
Ownership of property—Proof of: RCW 10.58.060.
Public library property, intentional injury: RCW 27.12.330.
9.61.140 Endangering life and property by explosives—Penalty. See RCW 70.74.270.
9.61.140
Restoration of stolen property—Duty of officers.
Theft and robbery: Chapter 9A.56 RCW.
9.61.150 Damaging building, etc., by explosion—
Penalty. See RCW 70.74.280.
9.61.150
9.54.130 Restoration of stolen property—Duty of
officers. The officer arresting any person charged as principal or accessory in any robbery or larceny shall use reasonable diligence to secure the property alleged to have been stolen, and after seizure shall be answerable therefor while it
remains in his hands, and shall annex a schedule thereof to his
return of the warrant.
Whenever the prosecuting attorney shall require such
property for use as evidence upon the examination or trial,
such officer, upon his demand, shall deliver it to him and take
his receipt therefor, after which such prosecuting attorney
shall be answerable for the same. [1909 c 249 § 357; RRS §
2609.]
9.54.130
Chapter 9.55 RCW
LEGISLATURE, CRIMES RELATING TO
Chapter 9.55
Sections
9.55.020
Witness refusing to attend legislature or committee or to testify.
9.55.020 Witness refusing to attend legislature or
committee or to testify. Every person duly summoned to
attend as a witness before either house of the legislature of
this state, or any committee thereof authorized to summon
witnesses, who shall refuse or neglect, without lawful excuse,
to attend pursuant to such summons, or who shall wilfully
refuse to be sworn or to affirm or to answer any material or
proper question or to produce, upon reasonable notice, any
material or proper books, papers or documents in his possession or under his control, shall be guilty of a gross misdemeanor. [1909 c 249 § 86; RRS § 2338.]
9.55.020
Candidate buying liquor for another person on election day: RCW
66.44.265.
Legislative inquiry: Chapter 44.16 RCW.
Chapter 9.61 RCW
MALICIOUS MISCHIEF—INJURY TO PROPERTY
Chapter 9.61
Sections
9.61.140
9.61.150
9.61.160
9.61.190
9.61.200
9.61.230
9.61.240
9.61.250
9.61.260
Endangering life and property by explosives—Penalty.
Damaging building, etc., by explosion—Penalty.
Threats to bomb or injure property—Penalty.
Carrier or racing pigeons—Injury to.
Carrier or racing pigeons—Removal or alteration of identification.
Telephone harassment.
Telephone harassment—Permitting telephone to be used.
Telephone harassment—Offense, where deemed committed.
Cyberstalking.
[Title 9 RCW—page 68]
Gas bombs, stink bombs, etc.: RCW 70.74.310.
9.61.160 Threats to bomb or injure property—Penalty. (1) It shall be unlawful for any person to threaten to
bomb or otherwise injure any public or private school building, any place of worship or public assembly, any governmental property, or any other building, common carrier, or
structure, or any place used for human occupancy; or to communicate or repeat any information concerning such a threatened bombing or injury, knowing such information to be
false and with intent to alarm the person or persons to whom
the information is communicated or repeated.
(2) It shall not be a defense to any prosecution under this
section that the threatened bombing or injury was a hoax.
(3) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 38; 1977
ex.s. c 231 § 1; 1959 c 141 § 1.]
9.61.160
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.61.190 Carrier or racing pigeons—Injury to. It is a
class 1 civil infraction for any person, other than the owner
thereof or his authorized agent, to knowingly shoot, kill,
maim, injure, molest, entrap, or detain any Antwerp Messenger or Racing Pigeon, commonly called "carrier or racing
pigeons", having the name of its owner stamped upon its
wing or tail or bearing upon its leg a band or ring with the
name or initials of the owner or an identification or registration number stamped thereon. [1987 c 456 § 25; 1963 c 69 §
1.]
9.61.190
Legislative finding—1987 c 456: See RCW 7.80.005.
Additional notes found at www.leg.wa.gov
9.61.200 Carrier or racing pigeons—Removal or
alteration of identification. It is a class 2 civil infraction for
any person other than the owner thereof or his authorized
agent to remove or alter any stamp, leg band, ring, or other
mark of identification attached to any Antwerp Messenger or
Racing Pigeon. [1987 c 456 § 26; 1963 c 69 § 2.]
9.61.200
Legislative finding—1987 c 456: See RCW 7.80.005.
Additional notes found at www.leg.wa.gov
9.61.230 Telephone harassment. (1) Every person
who, with intent to harass, intimidate, torment or embarrass
any other person, shall make a telephone call to such other
person:
9.61.230
(2010 Ed.)
Malicious Prosecution—Abuse of Process
(a) Using any lewd, lascivious, profane, indecent, or
obscene words or language, or suggesting the commission of
any lewd or lascivious act; or
(b) Anonymously or repeatedly or at an extremely inconvenient hour, whether or not conversation ensues; or
(c) Threatening to inflict injury on the person or property
of the person called or any member of his or her family or
household;
is guilty of a gross misdemeanor, except as provided in subsection (2) of this section.
(2) The person is guilty of a class C felony punishable
according to chapter 9A.20 RCW if either of the following
applies:
(a) That person has previously been convicted of any
crime of harassment, as defined in RCW 9A.46.060, with the
same victim or member of the victim’s family or household
or any person specifically named in a no-contact or noharassment order in this or any other state; or
(b) That person harasses another person under subsection (1)(c) of this section by threatening to kill the person
threatened or any other person. [2003 c 53 § 39; 1992 c 186
§ 6; 1985 c 288 § 11; 1967 c 16 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Communicating with child for immoral purposes: RCW 9.68A.090.
Chapter 9.66
(a) The perpetrator has previously been convicted of the
crime of harassment, as defined in RCW 9A.46.060, with the
same victim or a member of the victim’s family or household
or any person specifically named in a no-contact order or noharassment order in this or any other state; or
(b) The perpetrator engages in the behavior prohibited
under subsection (1)(c) of this section by threatening to kill
the person threatened or any other person.
(4) Any offense committed under this section may be
deemed to have been committed either at the place from
which the communication was made or at the place where the
communication was received.
(5) For purposes of this section, "electronic communication" means the transmission of information by wire, radio,
optical cable, electromagnetic, or other similar means. "Electronic communication" includes, but is not limited to, electronic mail, internet-based communications, pager service,
and electronic text messaging. [2004 c 94 § 1.]
Severability—2004 c 94: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2004 c 94 § 6.]
Effective dates—2004 c 94: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 24, 2004], except for section 3 of this act, which takes effect July 1,
2004." [2004 c 94 § 7.]
Interference with telephone message: RCW 9A.48.070, 9A.48.080.
Additional notes found at www.leg.wa.gov
9.61.240 Telephone harassment—Permitting telephone to be used. Any person who knowingly permits any
telephone under his control to be used for any purpose prohibited by RCW 9.61.230 shall be guilty of a misdemeanor.
[1967 c 16 § 2.]
9.61.240
Chapter 9.62 RCW
MALICIOUS PROSECUTION—ABUSE OF PROCESS
Chapter 9.62
Sections
9.62.010
9.62.020
Malicious prosecution.
Instituting suit in name of another.
9.62.010 Malicious prosecution. Every person who
shall, maliciously and without probable cause therefor, cause
or attempt to cause another to be arrested or proceeded
against for any crime of which he or she is innocent:
(1) If such crime be a felony, is guilty of a class C felony
and shall be punished by imprisonment in a state correctional
facility for not more than five years; and
(2) If such crime be a gross misdemeanor or misdemeanor, shall be guilty of a misdemeanor. [2003 c 53 § 40;
1992 c 7 § 15; 1909 c 249 § 117; Code 1881 § 899; 1873 p
203 § 98; 1854 p 92 § 89; RRS § 2369.]
9.62.010
9.61.250 Telephone harassment—Offense, where
deemed committed. Any offense committed by use of a
telephone as set forth in RCW 9.61.230 may be deemed to
have been committed either at the place from which the telephone call or calls were made or at the place where the telephone call or calls were received. [1967 c 16 § 3.]
9.61.250
9.61.260 Cyberstalking. (1) A person is guilty of
cyberstalking if he or she, with intent to harass, intimidate,
torment, or embarrass any other person, and under circumstances not constituting telephone harassment, makes an
electronic communication to such other person or a third
party:
(a) Using any lewd, lascivious, indecent, or obscene
words, images, or language, or suggesting the commission of
any lewd or lascivious act;
(b) Anonymously or repeatedly whether or not conversation occurs; or
(c) Threatening to inflict injury on the person or property
of the person called or any member of his or her family or
household.
(2) Cyberstalking is a gross misdemeanor, except as provided in subsection (3) of this section.
(3) Cyberstalking is a class C felony if either of the following applies:
9.61.260
(2010 Ed.)
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.62.020 Instituting suit in name of another. Every
person who shall institute or prosecute any action or other
proceeding in the name of another, without his consent and
contrary to law, shall be guilty of a gross misdemeanor.
[1909 c 249 § 124; RRS § 2376.]
9.62.020
Chapter 9.66
Chapter 9.66 RCW
NUISANCE
Sections
9.66.010
9.66.020
9.66.030
Public nuisance.
Unequal damage.
Maintaining or permitting nuisance.
[Title 9 RCW—page 69]
9.66.010
9.66.040
9.66.050
Title 9 RCW: Crimes and Punishments
Abatement of nuisance.
Deposit of unwholesome substance.
Cemeteries established illegally: RCW 68.56.040.
Furnishing impure water: RCW 70.54.020.
Malicious mischief—Injury to property: Chapters 9.61, 9A.48 RCW.
Mausoleums and columbariums constructed illegally: RCW 68.28.060.
Nuisances: Chapter 7.48 RCW.
Poisoning food or water: RCW 69.40.030.
Sexually transmitted disease control, penalty: RCW 70.24.080.
9.66.010 Public nuisance. A public nuisance is a crime
against the order and economy of the state. Every place
(1) Wherein any fighting between people or animals or
birds shall be conducted; or,
(2) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or,
(3) Where vagrants resort; and
Every act unlawfully done and every omission to perform a duty, which act or omission
(1) Shall annoy, injure or endanger the safety, health,
comfort, or repose of any considerable number of persons; or,
(2) Shall offend public decency; or,
(3) Shall unlawfully interfere with, befoul, obstruct, or
tend to obstruct, or render dangerous for passage, a lake, navigable river, bay, stream, canal or basin, or a public park,
square, street, alley, highway, or municipal transit vehicle or
station; or,
(4) Shall in any way render a considerable number of
persons insecure in life or the use of property;
Shall be a public nuisance. [1994 c 45 § 3; 1971 ex.s. c
280 § 22; 1909 c 249 § 248; 1895 c 14 § 1; Code 1881 § 1246;
RRS § 2500.]
9.66.010
Findings—Declaration—Severability—1994 c 45: See notes following RCW 7.48.140.
Boxing and wrestling regulated: Chapter 67.08 RCW.
Devices simulating traffic control signs declared public nuisance: RCW
47.36.180.
Highway obstructions: Chapter 47.32 RCW.
Navigation, obstructing: Chapter 88.28 RCW.
Parimutuel betting on horse races permitted: RCW 67.16.060.
Additional notes found at www.leg.wa.gov
9.66.020 Unequal damage. An act which affects a considerable number of persons in any of the ways specified in
RCW 9.66.010 is not less a public nuisance because the
extent of the damage is unequal. [1909 c 249 § 249; Code
1881 § 1236; 1875 p 79 § 2; RRS § 2501.]
9.66.020
9.66.030 Maintaining or permitting nuisance. Every
person who shall commit or maintain a public nuisance, for
which no special punishment is prescribed; or who shall wilfully omit or refuse to perform any legal duty relating to the
removal of such nuisance; and every person who shall let, or
permit to be used, any building or boat, or portion thereof,
knowing that it is intended to be, or is being used, for committing or maintaining any such nuisance, shall be guilty of a
misdemeanor. [1909 c 249 § 250; Code 1881 § 1248; 1875 p
81 § 14; RRS § 2502.]
9.66.030
[Title 9 RCW—page 70]
9.66.040 Abatement of nuisance. Any court or magistrate before whom there may be pending any proceeding for
a violation of RCW 9.66.030, shall, in addition to any fine or
other punishment which it may impose for such violation,
order such nuisance abated, and all property unlawfully used
in the maintenance thereof destroyed by the sheriff at the cost
of the defendant: PROVIDED, That if the conviction was
had in a district court, the district judge shall not issue the
order and warrant of abatement, but on application therefor,
shall transfer the cause to the superior court which shall proceed to try the issue of abatement in the same manner as if the
action had been originally commenced therein. [1987 c 202
§ 140; 1957 c 45 § 4; 1909 c 249 § 251; Code 1881 §§ 1244,
1245; 1875 p 80 §§ 10, 11; RRS § 2503.]
9.66.040
Intent—1987 c 202: See note following RCW 2.04.190.
Jurisdiction to abate a nuisance: State Constitution Art. 4 § 6 (Amendment
28).
9.66.050 Deposit of unwholesome substance. Every
person who shall deposit, leave or keep, on or near a highway
or route of public travel, on land or water, any unwholesome
substance; or who shall establish, maintain or carry on, upon
or near a highway or route of public travel, on land or water,
any business, trade or manufacture which is noisome or detrimental to the public health; or who shall deposit or cast into
any lake, creek or river, wholly or partly in this state, the offal
from or the dead body of any animal, shall be guilty of a gross
misdemeanor. [1909 c 249 § 285; RRS § 2537.]
9.66.050
Discharging ballast: RCW 88.28.060.
Disposal of dead animals: Chapter 16.68 RCW.
Water pollution: Chapter 35.88 RCW, RCW 70.54.010 through 70.54.030,
chapter 90.48 RCW.
Chapter 9.68
Chapter 9.68 RCW
OBSCENITY AND PORNOGRAPHY
Sections
9.68.015
9.68.030
9.68.050
9.68.060
9.68.070
9.68.080
9.68.090
9.68.100
9.68.110
9.68.120
9.68.130
9.68.140
9.68.900
Obscene literature, shows, etc.—Exemptions.
Indecent articles, etc.
"Erotic material"—Definitions.
"Erotic material"—Determination by court—Labeling—Penalties.
Prosecution for violation of RCW 9.68.060—Defense.
Unlawful acts.
Civil liability of wholesaler or wholesaler-distributor.
Exceptions to RCW 9.68.050 through 9.68.120.
Motion picture operator or projectionist exempt, when.
Provisions of RCW 9.68.050 through 9.68.120 exclusive.
"Sexually explicit material"—Defined—Unlawful display.
Promoting pornography—Class C felony—Penalties.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Indictment or information, obscene literature: RCW 10.37.130.
Injunctions, obscene materials: Chapter 7.42 RCW.
Public indecency: Chapter 9A.88 RCW.
Telephone calls using obscene language: RCW 9.61.230 through 9.61.250.
9.68.015 Obscene literature, shows, etc.—Exemptions. Nothing in chapter 260, Laws of 1959 shall apply to
the circulation of any such material by any recognized historical society or museum, the state law library, any county law
library, the state library, the public library, any library of any
college or university, or to any archive or library under the
9.68.015
(2010 Ed.)
Obscenity and Pornography
supervision and control of the state, county, municipality, or
other political subdivision. [1959 c 260 § 2.]
9.68.030 Indecent articles, etc. Every person who shall
expose for sale, loan or distribution, any instrument or article,
or any drug or medicine, for causing unlawful abortion; or
shall write, print, distribute or exhibit any card, circular, pamphlet, advertisement or notice of any kind, stating when,
where, how or of whom such article or medicine can be
obtained, shall be guilty of a misdemeanor. [1971 ex.s. c 185
§ 2; 1909 c 249 § 208; RRS § 2460.]
9.68.030
9.68.050 "Erotic material"—Definitions. For the purposes of RCW 9.68.050 through 9.68.120:
(1) "Minor" means any person under the age of eighteen
years;
(2) "Erotic material" means printed material, photographs, pictures, motion pictures, sound recordings, and other
material the dominant theme of which taken as a whole
appeals to the prurient interest of minors in sex; which is
patently offensive because it affronts contemporary community standards relating to the description or representation of
sexual matters or sado-masochistic abuse; and is utterly without redeeming social value;
(3) "Person" means any individual, corporation, or other
organization;
(4) "Dealers", "distributors", and "exhibitors" mean persons engaged in the distribution, sale, or exhibition of printed
material, photographs, pictures, motion pictures, or sound
recordings. [1992 c 5 § 1; 1969 ex.s. c 256 § 13.]
9.68.050
Additional notes found at www.leg.wa.gov
9.68.060 "Erotic material"—Determination by
court—Labeling—Penalties. (1) When it appears that
material which may be deemed erotic is being sold, distributed, or exhibited in this state, the prosecuting attorney of the
county in which the sale, distribution, or exhibition is taking
place may apply to the superior court for a hearing to determine the character of the material with respect to whether it is
erotic material.
(2) Notice of the hearing shall immediately be served
upon the dealer, distributor, or exhibitor selling or otherwise
distributing or exhibiting the alleged erotic material. The
superior court shall hold a hearing not later than five days
from the service of notice to determine whether the subject
matter is erotic material within the meaning of RCW
9.68.050.
(3) If the superior court rules that the subject material is
erotic material, then, following such adjudication:
(a) If the subject material is written or printed, or is a
sound recording, the court shall issue an order requiring that
an "adults only" label be placed on the publication or sound
recording, if such publication or sound recording is going to
continue to be distributed. Whenever the superior court
orders a publication or sound recording to have an "adults
only" label placed thereon, such label shall be impressed on
the front cover of all copies of such erotic publication or
sound recording sold or otherwise distributed in the state of
Washington. Such labels shall be in forty-eight point bold
face type located in a conspicuous place on the front cover of
9.68.060
(2010 Ed.)
9.68.080
the publication or sound recording. All dealers and distributors are hereby prohibited from displaying erotic publications
or sound recordings in their store windows, on outside newsstands on public thoroughfares, or in any other manner so as
to make an erotic publication or the contents of an erotic
sound recording readily accessible to minors.
(b) If the subject material is a motion picture, the court
shall issue an order requiring that such motion picture shall
be labeled "adults only". The exhibitor shall prominently display a sign saying "adults only" at the place of exhibition, and
any advertising of the motion picture shall contain a statement that it is for adults only. Such exhibitor shall also display a sign at the place where admission tickets are sold stating that it is unlawful for minors to misrepresent their age.
(4) Failure to comply with a court order issued under the
provisions of this section shall subject the dealer, distributor,
or exhibitor to contempt proceedings.
(5) Any person who, after the court determines material
to be erotic, sells, distributes, or exhibits the erotic material to
a minor shall be guilty of violating RCW 9.68.050 through
9.68.120, such violation to carry the following penalties:
(a) For the first offense a misdemeanor and upon conviction shall be fined not more than five hundred dollars, or
imprisoned in the county jail not more than six months;
(b) For the second offense a gross misdemeanor and
upon conviction shall be fined not more than one thousand
dollars, or imprisoned not more than one year;
(c) For all subsequent offenses a class B felony and upon
conviction shall be fined not more than five thousand dollars,
or imprisoned not less than one year. [2003 c 53 § 41; 1992
c 5 § 2; 1969 ex.s. c 256 § 14.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
9.6 8.0 70 Pros ecuti on f o r vio la tio n o f R CW
9.68.060—Defense. In any prosecution for violation of
RCW 9.68.060, it shall be a defense that:
(1) If the violation pertains to a motion picture or sound
recording, the minor was accompanied by a parent, parent’s
spouse, or guardian; or
(2) Such minor exhibited to the defendant a draft card,
driver’s license, birth certificate, or other official or an apparently official document purporting to establish such minor
was over the age of eighteen years; or
(3) Such minor was accompanied by a person who represented himself to be a parent, or the spouse of a parent, or a
guardian of such minor, and the defendant in good faith relied
upon such representation. [1992 c 5 § 4; 1969 ex.s. c 256 §
15.]
9.68.070
Additional notes found at www.leg.wa.gov
9.68.080 Unlawful acts. (1) It shall be unlawful for any
minor to misrepresent his true age or his true status as the
child, stepchild or ward of a person accompanying him, for
the purpose of purchasing or obtaining access to any material
described in RCW 9.68.050.
(2) It shall be unlawful for any person accompanying
such minor to misrepresent his true status as parent, spouse of
a parent or guardian of any minor for the purpose of enabling
9.68.080
[Title 9 RCW—page 71]
9.68.090
Title 9 RCW: Crimes and Punishments
such minor to purchase or obtain access to material described
in RCW 9.68.050. [1969 ex.s. c 256 § 16.]
Additional notes found at www.leg.wa.gov
9.68.090 Civil liability of wholesaler or wholesalerdistributor. No retailer, wholesaler, or exhibitor is to be
deprived of service from a wholesaler or wholesaler-distributor of books, magazines, motion pictures, sound recordings,
or other materials or subjected to loss of his franchise or right
to deal or exhibit as a result of his attempts to comply with
this statute. Any publisher, distributor, or other person, or
combination of such persons, which withdraws or attempts to
withdraw a franchise or other right to sell at retail, wholesale
or exhibit materials on account of the retailer’s, wholesaler’s
or exhibitor’s attempts to comply with RCW 9.68.050
through 9.68.120 shall incur civil liability to such retailer,
wholesaler or exhibitor for threefold the actual damages
resulting from such withdrawal or attempted withdrawal.
[1992 c 5 § 3; 1969 ex.s. c 256 § 17.]
9.68.090
Additional notes found at www.leg.wa.gov
9.68.100 Exceptions to RCW 9.68.050 through
9.68.120. Nothing in RCW 9.68.050 through 9.68.120 shall
apply to the circulation of any such material by any recognized historical society or museum, the state law library, any
county law library, the state library, the public library, any
library of any college or university, or to any archive or
library under the supervision and control of the state, county,
municipality, or other political subdivision. [1969 ex.s. c 256
§ 18.]
9.68.100
Additional notes found at www.leg.wa.gov
9.68.110 Motion picture operator or projectionist
exempt, when. The provisions of RCW 9.68.050 through
9.68.120 shall not apply to acts done in the scope of his
employment by a motion picture operator or projectionist
employed by the owner or manager of a theatre or other place
for the showing of motion pictures, unless the motion picture
operator or projectionist has a financial interest in such theatre or place wherein he is so employed or unless he caused
to be performed or exhibited such performance or motion
picture without the knowledge and consent of the manager or
owner of the theatre or other place of showing. [1969 ex.s. c
256 § 19.]
9.68.110
Additional notes found at www.leg.wa.gov
9.68.120 Provisions of RCW 9.68.050 through
9.68.120 exclusive. The provisions of RCW 9.68.050
through 9.68.120 shall be exclusive. [1969 ex.s. c 256 § 20.]
9.68.120
Additional notes found at www.leg.wa.gov
9.68.130 "Sexually explicit material"—Defined—
Unlawful display. (1) A person is guilty of unlawful display
of sexually explicit material if he knowingly exhibits such
material on a viewing screen so that the sexually explicit
material is easily visible from a public thoroughfare, park or
playground or from one or more family dwelling units.
(2) "Sexually explicit material" as that term is used in
this section means any pictorial material displaying direct
physical stimulation of unclothed genitals, masturbation,
sodomy (i.e. bestiality or oral or anal intercourse), flagellation or torture in the context of a sexual relationship, or
emphasizing the depiction of adult human genitals: PROVIDED HOWEVER, That works of art or of anthropological
significance shall not be deemed to be within the foregoing
definition.
(3) Any person who violates subsection (1) of this section shall be guilty of a misdemeanor. [1975 1st ex.s. c 156 §
1.]
9.68.140 Promoting pornography—Class C felony—
Penalties. A person who, for profit-making purposes and
with knowledge, sells, exhibits, displays, or produces any
lewd matter as defined in RCW 7.48A.010 is guilty of promoting pornography. Promoting pornography is a class C felony and shall bear the punishment and fines prescribed for
that class of felony. In imposing the criminal penalty, the
court shall consider the wilfulness of the defendant’s conduct
and the profits made by the defendant attributable to the felony. All fines assessed under this chapter shall be paid into
the general treasury of the state. [1985 c 235 § 3; 1982 c 184
§ 8.]
9.68.140
Class C felony—Authorized sentence: RCW 9A.20.020.
Additional notes found at www.leg.wa.gov
9.68.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 19.]
9.68.900
Chapter 9.68A RCW
SEXUAL EXPLOITATION OF CHILDREN
Chapter 9.68A
(Formerly: Child pornography)
Sections
9.68A.001
9.68A.005
9.68A.011
9.68A.040
9.68A.050
9.68.130
[Title 9 RCW—page 72]
9.68A.060
9.68A.070
9.68A.075
9.68A.080
9.68A.090
9.68A.100
9.68A.101
Legislative findings, intent.
Chapter not applicable to lawful conduct between spouses.
Definitions.
Sexual exploitation of a minor—Elements of crime—Penalty.
Dealing in depictions of minor engaged in sexually explicit
conduct.
Sending, bringing into state depictions of minor engaged in
sexually explicit conduct.
Possession of depictions of minor engaged in sexually explicit
conduct.
Viewing depictions of a minor engaged in sexually explicit
conduct.
Reporting of depictions of minor engaged in sexually explicit
conduct—Civil immunity.
Communication with minor for immoral purposes—Penalties.
Commercial sexual abuse of a minor—Penalties.
Promoting commercial sexual abuse of a minor—Penalty.
(2010 Ed.)
Sexual Exploitation of Children
9.68A.102
9.68A.103
9.68A.105
9.68A.110
9.68A.120
9.68A.130
9.68A.150
9.68A.910
9.68A.911
9.68A.912
Promoting travel for commercial sexual abuse of a minor—
Penalty.
Permitting commercial sexual abuse of a minor—Penalty.
Additional fee assessment.
Certain defenses barred, permitted.
Seizure and forfeiture of property.
Recovery of costs of suit by minor.
Allowing minor on premises of live erotic performance—Definitions—Penalty.
Severability—1984 c 262.
Severability—1989 c 32.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
9.68A.001 Legislative findings, intent. The legislature
finds that the prevention of sexual exploitation and abuse of
children constitutes a government objective of surpassing
importance. The care of children is a sacred trust and should
not be abused by those who seek commercial gain or personal
gratification based on the exploitation of children.
The legislature further finds that the protection of children from sexual exploitation can be accomplished without
infringing on a constitutionally protected activity. The definition of "sexually explicit conduct" and other operative definitions demarcate a line between protected and prohibited
conduct and should not inhibit legitimate scientific, medical,
or educational activities.
The legislature further finds that children engaged in
sexual conduct for financial compensation are frequently the
victims of sexual abuse. Approximately eighty to ninety percent of children engaged in sexual activity for financial compensation have a history of sexual abuse victimization. It is
the intent of the legislature to encourage these children to
engage in prevention and intervention services and to hold
those who pay to engage in the sexual abuse of children
accountable for the trauma they inflict on children.
The legislature further finds that due to the changing
nature of technology, offenders are now able to access child
pornography in different ways and in increasing quantities.
By amending current statutes governing depictions of a
minor engaged in sexually explicit conduct, it is the intent of
the legislature to ensure that intentional viewing of and dealing in child pornography over the internet is subject to a criminal penalty without limiting the scope of existing prohibitions on the possession of or dealing in child pornography,
including the possession of electronic depictions of a minor
engaged in sexually explicit conduct. It is also the intent of
the legislature to clarify, in response to State v. Sutherby, 204
P.3d 916 (2009), the unit of prosecution for the statutes governing possession of and dealing in depictions of a minor
engaged in sexually explicit conduct. It is the intent of the
legislature that the first degree offenses under RCW
9.68A.050, 9.68A.060, and 9.68A.070 have a per depiction
or image unit of prosecution, while the second degree
offenses under RCW 9.68A.050, 9.68A.060, and 9.68A.070
have a per incident unit of prosecution as established in State
v. Sutherby, 204 P.3d 916 (2009). Furthermore, it is the
intent of the legislature to set a different unit of prosecution
for the new offense of viewing of depictions of a minor
engaged in sexually explicit conduct such that each separate
session of intentionally viewing over the internet of visual
depictions or images of a minor engaged in sexually explicit
conduct constitutes a separate offense. [2010 c 227 § 1; 2007
c 368 § 1; 1984 c 262 § 1.]
9.68A.001
(2010 Ed.)
9.68A.040
9.68A.005 Chapter not applicable to lawful conduct
between spouses. This chapter does not apply to lawful conduct between spouses. [2010 c 227 § 2.]
9.68A.005
9.68A.011 Definitions. Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.
(1) An "internet session" means a period of time during
which an internet user, using a specific internet protocol
address, visits or is logged into an internet site for an uninterrupted period of time.
(2) To "photograph" means to make a print, negative,
slide, digital image, motion picture, or videotape. A "photograph" means anything tangible or intangible produced by
photographing.
(3) "Visual or printed matter" means any photograph or
other material that contains a reproduction of a photograph.
(4) "Sexually explicit conduct" means actual or simulated:
(a) Sexual intercourse, including genital-genital, oralgenital, anal-genital, or oral-anal, whether between persons
of the same or opposite sex or between humans and animals;
(b) Penetration of the vagina or rectum by any object;
(c) Masturbation;
(d) Sadomasochistic abuse;
(e) Defecation or urination for the purpose of sexual
stimulation of the viewer;
(f) Depiction of the genitals or unclothed pubic or rectal
areas of any minor, or the unclothed breast of a female minor,
for the purpose of sexual stimulation of the viewer. For the
purposes of this subsection (4)(f), it is not necessary that the
minor know that he or she is participating in the described
conduct, or any aspect of it; and
(g) Touching of a person’s clothed or unclothed genitals,
pubic area, buttocks, or breast area for the purpose of sexual
stimulation of the viewer.
(5) "Minor" means any person under eighteen years of
age.
(6) "Live performance" means any play, show, skit,
dance, or other exhibition performed or presented to or before
an audience of one or more, with or without consideration.
[2010 c 227 § 3; 2002 c 70 § 1; 1989 c 32 § 1; 1984 c 262 § 2.]
9.68A.011
9.68A.040 Sexual exploitation of a minor—Elements
of crime—Penalty. (1) A person is guilty of sexual exploitation of a minor if the person:
(a) Compels a minor by threat or force to engage in sexually explicit conduct, knowing that such conduct will be
photographed or part of a live performance;
(b) Aids, invites, employs, authorizes, or causes a minor
to engage in sexually explicit conduct, knowing that such
conduct will be photographed or part of a live performance;
or
(c) Being a parent, legal guardian, or person having custody or control of a minor, permits the minor to engage in
sexually explicit conduct, knowing that the conduct will be
photographed or part of a live performance.
(2) Sexual exploitation of a minor is a class B felony
punishable under chapter 9A.20 RCW. [1989 c 32 § 2; 1984
c 262 § 3.]
9.68A.040
[Title 9 RCW—page 73]
9.68A.050
Title 9 RCW: Crimes and Punishments
9.68A.050 Dealing in depictions of minor engaged in
sexually explicit conduct. (1)(a) A person commits the
crime of dealing in depictions of a minor engaged in sexually
explicit conduct in the first degree when he or she:
(i) Knowingly develops, duplicates, publishes, prints,
disseminates, exchanges, finances, attempts to finance, or
sells a visual or printed matter that depicts a minor engaged in
an act of sexually explicit conduct as defined in RCW
9.68A.011(4) (a) through (e); or
(ii) Possesses with intent to develop, duplicate, publish,
print, disseminate, exchange, or sell any visual or printed
matter that depicts a minor engaged in an act of sexually
explicit conduct as defined in RCW 9.68A.011(4) (a) through
(e).
(b) Dealing in depictions of a minor engaged in sexually
explicit conduct in the first degree is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual
or printed matter constitutes a separate offense.
(2)(a) A person commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the
second degree when he or she:
(i) Knowingly develops, duplicates, publishes, prints,
disseminates, exchanges, finances, attempts to finance, or
sells any visual or printed matter that depicts a minor engaged
in an act of sexually explicit conduct as defined in RCW
9.68A.011(4) (f) or (g); or
(ii) Possesses with intent to develop, duplicate, publish,
print, disseminate, exchange, or sell any visual or printed
matter that depicts a minor engaged in an act of sexually
explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).
(b) Dealing in depictions of a minor engaged in sexually
explicit conduct in the second degree is a class C felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each incident of dealing in one or
more depictions or images of visual or printed matter constitutes a separate offense. [2010 c 227 § 4; 1989 c 32 § 3; 1984
c 262 § 4.]
9.68A.050
printed matter that depicts a minor engaged in sexually
explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).
(b) Sending or bringing into the state depictions of a
minor engaged in sexually explicit conduct in the second
degree is a class C felony punishable under chapter 9A.20
RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each incident of sending or bringing into the state one or more depictions or images of visual
or printed matter constitutes a separate offense. [2010 c 227
§ 5; 1989 c 32 § 4; 1984 c 262 § 5.]
9.68A.070 Possession of depictions of minor engaged
in sexually explicit conduct. (1)(a) A person commits the
crime of possession of depictions of a minor engaged in sexually explicit conduct in the first degree when he or she
knowingly possesses a visual or printed matter depicting a
minor engaged in sexually explicit conduct as defined in
RCW 9.68A.011(4) (a) through (e).
(b) Possession of depictions of a minor engaged in sexually explicit conduct in the first degree is a class B felony
punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual
or printed matter constitutes a separate offense.
(2)(a) A person commits the crime of possession of
depictions of a minor engaged in sexually explicit conduct in
the second degree when he or she knowingly possesses any
visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or
(g).
(b) Possession of depictions of a minor engaged in sexually explicit conduct in the second degree is a class C felony
punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each incident of possession of one
or more depictions or images of visual or printed matter constitutes a separate offense. [2010 c 227 § 6; 2006 c 139 § 3;
1990 c 155 § 1; 1989 c 32 § 5; 1984 c 262 § 6.]
9.68A.070
Additional notes found at www.leg.wa.gov
9.68A.060 Sending, bringing into state depictions of
minor engaged in sexually explicit conduct. (1)(a) A person commits the crime of sending or bringing into the state
depictions of a minor engaged in sexually explicit conduct in
the first degree when he or she knowingly sends or causes to
be sent, or brings or causes to be brought, into this state for
sale or distribution, a visual or printed matter that depicts a
minor engaged in sexually explicit conduct as defined in
RCW 9.68A.011(4) (a) through (e).
(b) Sending or bringing into the state depictions of a
minor engaged in sexually explicit conduct in the first degree
is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual
or printed matter constitutes a separate offense.
(2)(a) A person commits the crime of sending or bringing into the state depictions of a minor engaged in sexually
explicit conduct in the second degree when he or she knowingly sends or causes to be sent, or brings or causes to be
brought, into this state for sale or distribution, any visual or
9.68A.060
[Title 9 RCW—page 74]
9.68A.075 Viewing depictions of a minor engaged in
sexually explicit conduct. (1) A person who intentionally
views over the internet visual or printed matter depicting a
minor engaged in sexually explicit conduct as defined in
RCW 9.68A.011(4) (a) through (e) is guilty of viewing
depictions of a minor engaged in sexually explicit conduct in
the first degree, a class B felony punishable under chapter
9A.20 RCW.
(2) A person who intentionally views over the internet
visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or
(g) is guilty of viewing depictions of a minor engaged in sexually explicit conduct in the second degree, a class C felony
punishable under chapter 9A.20 RCW.
(3) For the purposes of determining whether a person
intentionally viewed over the internet a visual or printed matter depicting a minor engaged in sexually explicit conduct in
subsection (1) or (2) of this section, the trier of fact shall consider the title, text, and content of the visual or printed matter,
9.68A.075
(2010 Ed.)
Sexual Exploitation of Children
as well as the internet history, search terms, thumbnail
images, downloading activity, expert computer forensic testimony, number of visual or printed matter depicting minors
engaged in sexually explicit conduct, defendant’s access to
and control over the electronic device and its contents upon
which the visual or printed matter was found, or any other relevant evidence. The state must prove beyond a reasonable
doubt that the viewing was initiated by the user of the computer where the viewing occurred.
(4) For the purposes of this section, each separate internet session of intentionally viewing over the internet visual or
printed matter depicting a minor engaged in sexually explicit
conduct constitutes a separate offense. [2010 c 227 § 7.]
9.68A.080
9.68A.080 Reporting of depictions of minor engaged
in sexually explicit conduct—Civil immunity. (1) A person who, in the course of processing or producing visual or
printed matter either privately or commercially, has reasonable cause to believe that the visual or printed matter submitted for processing or producing depicts a minor engaged in
sexually explicit conduct shall immediately report such incident, or cause a report to be made, to the proper law enforcement agency. Persons failing to do so are guilty of a gross
misdemeanor.
(2) If, in the course of repairing, modifying, or maintaining a computer that has been submitted either privately or
commercially for repair, modification, or maintenance, a person has reasonable cause to believe that the computer stores
visual or printed matter that depicts a minor engaged in sexually explicit conduct, the person performing the repair, modification, or maintenance may report such incident, or cause a
report to be made, to the proper law enforcement agency.
(3) A person who makes a report in good faith under this
section is immune from civil liability resulting from the
report. [2002 c 70 § 2; 1989 c 32 § 6; 1984 c 262 § 7.]
9.68A.090
9.68A.090 Communication with minor for immoral
purposes—Penalties. (1) Except as provided in subsection
(2) of this section, a person who communicates with a minor
for immoral purposes, or a person who communicates with
someone the person believes to be a minor for immoral purposes, is guilty of a gross misdemeanor.
(2) A person who communicates with a minor for
immoral purposes is guilty of a class C felony punishable
according to chapter 9A.20 RCW if the person has previously
been convicted under this section or of a felony sexual
offense under chapter 9.68A, 9A.44, or 9A.64 RCW or of any
other felony sexual offense in this or any other state or if the
person communicates with a minor or with someone the person believes to be a minor for immoral purposes through the
sending of an electronic communication. [2006 c 139 § 1.
Prior: 2003 c 53 § 42; 2003 c 26 § 1; 1989 c 32 § 7; 1986 c
319 § 2; 1984 c 262 § 8.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.68A.100
9.68A.100 Commercial sexual abuse of a minor—
Penalties. (1) A person is guilty of commercial sexual abuse
of a minor if:
(2010 Ed.)
9.68A.102
(a) He or she pays a fee to a minor or a third person as
compensation for a minor having engaged in sexual conduct
with him or her;
(b) He or she pays or agrees to pay a fee to a minor or a
third person pursuant to an understanding that in return therefore such minor will engage in sexual conduct with him or
her; or
(c) He or she solicits, offers, or requests to engage in sexual conduct with a minor in return for a fee.
(2) Commercial sexual abuse of a minor is a class B felony punishable under chapter 9A.20 RCW.
(3) In addition to any other penalty provided under chapter 9A.20 RCW, a person guilty of commercial sexual abuse
of a minor is subject to the provisions under RCW 9A.88.130
and 9A.88.140.
(4) For purposes of this section, "sexual conduct" means
sexual intercourse or sexual contact, both as defined in chapter 9A.44 RCW. [2010 c 289 § 13; 2007 c 368 § 2; 1999 c
327 § 4; 1989 c 32 § 8; 1984 c 262 § 9.]
Findings—Intent—1999 c 327: See note following RCW 9A.88.130.
Additional requirements: RCW 9A.88.130.
Vehicle impoundment: RCW 9A.88.140.
9.68A.101 Promoting commercial sexual abuse of a
minor—Penalty. (1) A person is guilty of promoting commercial sexual abuse of a minor if he or she knowingly
advances commercial sexual abuse of a minor or profits from
a minor engaged in sexual conduct.
(2) Promoting commercial sexual abuse of a minor is a
class A felony.
(3) For the purposes of this section:
(a) A person "advances commercial sexual abuse of a
minor" if, acting other than as a minor receiving compensation for personally rendered sexual conduct or as a person
engaged in commercial sexual abuse of a minor, he or she
causes or aids a person to commit or engage in commercial
sexual abuse of a minor, procures or solicits customers for
commercial sexual abuse of a minor, provides persons or premises for the purposes of engaging in commercial sexual
abuse of a minor, operates or assists in the operation of a
house or enterprise for the purposes of engaging in commercial sexual abuse of a minor, or engages in any other conduct
designed to institute, aid, cause, assist, or facilitate an act or
enterprise of commercial sexual abuse of a minor.
(b) A person "profits from commercial sexual abuse of a
minor" if, acting other than as a minor receiving compensation for personally rendered sexual conduct, he or she accepts
or receives money or other property pursuant to an agreement
or understanding with any person whereby he or she participates or will participate in the proceeds of commercial sexual
abuse of a minor.
(4) For purposes of this section, "sexual conduct" means
sexual intercourse or sexual contact, both as defined in chapter 9A.44 RCW. [2010 c 289 § 14; 2007 c 368 § 4.]
9.68A.101
9.68A.102 Promoting travel for commercial sexual
abuse of a minor—Penalty. (1) A person commits the
offense of promoting travel for commercial sexual abuse of a
minor if he or she knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engag9.68A.102
[Title 9 RCW—page 75]
9.68A.103
Title 9 RCW: Crimes and Punishments
ing in what would be commercial sexual abuse of a minor or
promoting commercial sexual abuse of a minor, if occurring
in this state.
(2) Promoting travel for commercial sexual abuse of a
minor is a class C felony.
(3) For purposes of this section, "travel services" has the
same meaning as defined in RCW 19.138.021. [2007 c 368 §
5.]
9.68A.103 Permitting commercial sexual abuse of a
minor—Penalty. (1) A person is guilty of permitting commercial sexual abuse of a minor if, having possession or control of premises which he or she knows are being used for the
purpose of commercial sexual abuse of a minor, he or she
fails without lawful excuse to make reasonable effort to halt
or abate such use and to make a reasonable effort to notify
law enforcement of such use.
(2) Permitting commercial sexual abuse of a minor is a
gross misdemeanor. [2007 c 368 § 7.]
9.68A.103
9.68A.105 Additional fee assessment. (1)(a) In addition to penalties set forth in RCW 9.68A.100, 9.68A.101, and
9.68A.102, a person who is either convicted or given a
deferred sentence or a deferred prosecution or who has
entered into a statutory or nonstatutory diversion agreement
as a result of an arrest for violating RCW 9.68A.100,
9.68A.101, or 9.68A.102, or a comparable county or municipal ordinance shall be assessed a five thousand dollar fee.
(b) The court may not suspend payment of all or part of
the fee unless it finds that the person does not have the ability
to pay.
(c) When a minor has been adjudicated a juvenile
offender or has entered into a statutory or nonstatutory diversion agreement for an offense which, if committed by an
adult, would constitute a violation of RCW 9.68A.100,
9.68A.101, or 9.68A.102, or a comparable county or municipal ordinance, the court shall assess the fee under (a) of this
subsection. The court may not suspend payment of all or part
of the fee unless it finds that the minor does not have the ability to pay the fee.
(2) The fee assessed under subsection (1) of this section
shall be collected by the clerk of the court and distributed
each month to the state treasurer for deposit in the prostitution prevention and intervention account under RCW
43.63A.740 for the purpose of funding prostitution prevention and intervention activities.
(3) For the purposes of this section:
(a) "Statutory or nonstatutory diversion agreement"
means an agreement under RCW 13.40.080 or any written
agreement between a person accused of an offense listed in
subsection (1) of this section and a court, county or city prosecutor, or designee thereof, whereby the person agrees to fulfill certain conditions in lieu of prosecution.
(b) "Deferred sentence" means a sentence that will not be
carried out if the defendant meets certain requirements, such
as complying with the conditions of probation. [2010 c 289 §
15; 2007 c 368 § 11; 1995 c 353 § 12.]
9.68A.105
9.68A.110 Certain defenses barred, permitted. (1) In
a prosecution under RCW 9.68A.040, it is not a defense that
9.68A.110
[Title 9 RCW—page 76]
the defendant was involved in activities of law enforcement
and prosecution agencies in the investigation and prosecution
of criminal offenses. Law enforcement and prosecution
agencies shall not employ minors to aid in the investigation
of a violation of RCW 9.68A.090 or 9.68A.100.
(2) In a prosecution under RCW 9.68A.050, 9.68A.060,
9.68A.070, or 9.68A.080, it is not a defense that the defendant did not know the age of the child depicted in the visual
or printed matter. It is a defense, which the defendant must
prove by a preponderance of the evidence, that at the time of
the offense the defendant was not in possession of any facts
on the basis of which he or she should reasonably have
known that the person depicted was a minor.
(3) In a prosecution under RCW 9.68A.040, 9.68A.090,
9.68A.100, 9.68A.101, or 9.68A.102, it is not a defense that
the defendant did not know the alleged victim’s age. It is a
defense, which the defendant must prove by a preponderance
of the evidence, that at the time of the offense, the defendant
made a reasonable bona fide attempt to ascertain the true age
of the minor by requiring production of a driver’s license,
marriage license, birth certificate, or other governmental or
educational identification card or paper and did not rely
solely on the oral allegations or apparent age of the minor.
(4) In a prosecution under RCW 9.68A.050, 9.68A.060,
9.68A.070, or 9.68A.075, it shall be an affirmative defense
that the defendant was a law enforcement officer or a person
specifically authorized, in writing, to assist a law enforcement officer and acting at the direction of a law enforcement
officer in the process of conducting an official investigation
of a sex-related crime against a minor, or that the defendant
was providing individual case treatment as a recognized medical facility or as a psychiatrist or psychologist licensed under
Title 18 RCW. Nothing in chapter 227, Laws of 2010 is
intended to in any way affect or diminish the immunity
afforded an electronic communication service provider,
remote computing service provider, or domain name registrar
acting in the performance of its reporting or preservation
responsibilities under 18 U.S.C. Secs. 2258a, 2258b, or
2258c.
(5) In a prosecution under RCW 9.68A.050, 9.68A.060,
9.68A.070, or 9.68A.075, the state is not required to establish
the identity of the alleged victim.
(6) In a prosecution under RCW 9.68A.070 or
9.68A.075, it shall be an affirmative defense that:
(a) The defendant was employed at or conducting
research in partnership or in cooperation with any institution
of higher education as defined in RCW 28B.07.020 or
28B.10.016, and:
(i) He or she was engaged in a research activity;
(ii) The research activity was specifically approved prior
to the possession or viewing activity being conducted in writing by a person, or other such entity vested with the authority
to grant such approval by the institution of higher learning;
and
(iii) Viewing or possessing the visual or printed matter is
an essential component of the authorized research; or
(b) The defendant was an employee of the Washington
state legislature engaged in research at the request of a member of the legislature and:
(2010 Ed.)
Sexual Exploitation of Children
(i) The request for research is made prior to the possession or viewing activity being conducted in writing by a
member of the legislature;
(ii) The research is directly related to a legislative activity; and
(iii) Viewing or possessing the visual or printed matter is
an essential component of the requested research and legislative activity.
(c) Nothing in this section authorizes otherwise unlawful
viewing or possession of visual or printed matter depicting a
minor engaged in sexually explicit conduct. [2010 c 289 §
17; 2010 c 227 § 8; 2007 c 368 § 3; 1992 c 178 § 1; 1989 c 32
§ 9; 1986 c 319 § 3; 1984 c 262 § 10.]
Reviser’s note: This section was amended by 2010 c 227 § 8 and by
2010 c 289 § 17, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Additional notes found at www.leg.wa.gov
9.68A.120 Seizure and forfeiture of property. The
following are subject to seizure and forfeiture:
(1) All visual or printed matter that depicts a minor
engaged in sexually explicit conduct.
(2) All raw materials, equipment, and other tangible personal property of any kind used or intended to be used to
manufacture or process any visual or printed matter that
depicts a minor engaged in sexually explicit conduct, and all
conveyances, including aircraft, vehicles, or vessels that are
used or intended for use to transport, or in any manner to
facilitate the transportation of, visual or printed matter in violation of RCW 9.68A.050 or 9.68A.060, but:
(a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the
owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
(b) No property is subject to forfeiture under this section
by reason of any act or omission established by the owner of
the property to have been committed or omitted without the
owner’s knowledge or consent;
(c) A forfeiture of property encumbered by a bona fide
security interest is subject to the interest of the secured party
if the secured party neither had knowledge of nor consented
to the act or omission; and
(d) When the owner of a conveyance has been arrested
under this chapter the conveyance may not be subject to forfeiture unless it is seized or process is issued for its seizure
within ten days of the owner’s arrest.
(3) All personal property, moneys, negotiable instruments, securities, or other tangible or intangible property furnished or intended to be furnished by any person in exchange
for visual or printed matter depicting a minor engaged in sexually explicit conduct, or constituting proceeds traceable to
any violation of this chapter.
(4) Property subject to forfeiture under this chapter may
be seized by any law enforcement officer of this state upon
process issued by any superior court having jurisdiction over
the property. Seizure without process may be made if:
(a) The seizure is incident to an arrest or a search under a
search warrant or an inspection under an administrative
inspection warrant;
9.68A.120
(2010 Ed.)
9.68A.120
(b) The property subject to seizure has been the subject
of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter;
(c) A law enforcement officer has probable cause to
believe that the property is directly or indirectly dangerous to
health or safety; or
(d) The law enforcement officer has probable cause to
believe that the property was used or is intended to be used in
violation of this chapter.
(5) In the event of seizure under subsection (4) of this
section, proceedings for forfeiture shall be deemed commenced by the seizure. The law enforcement agency under
whose authority the seizure was made shall cause notice to be
served within fifteen days following the seizure on the owner
of the property seized and the person in charge thereof and
any person having any known right or interest therein, of the
seizure and intended forfeiture of the seized property. The
notice may be served by any method authorized by law or
court rule including but not limited to service by certified
mail with return receipt requested. Service by mail shall be
deemed complete upon mailing within the fifteen day period
following the seizure.
(6) If no person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of seized items within forty-five days of the seizure, the item seized shall be deemed forfeited.
(7) If any person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of seized items within forty-five days of the seizure, the person or persons shall be afforded a reasonable
opportunity to be heard as to the claim or right. The hearing
shall be before an administrative law judge appointed under
chapter 34.12 RCW, except that any person asserting a claim
or right may remove the matter to a court of competent jurisdiction if the aggregate value of the article or articles
involved is more than five hundred dollars. The hearing
before an administrative law judge and any appeal therefrom
shall be under Title 34 RCW. In a court hearing between two
or more claimants to the article or articles involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorney’s fees. The burden of producing evidence
shall be upon the person claiming to be the lawful owner or
the person claiming to have the lawful right to possession of
the seized items. The seizing law enforcement agency shall
promptly return the article or articles to the claimant upon a
determination by the administrative law judge or court that
the claimant is lawfully entitled to possession thereof of the
seized items.
(8) If property is sought to be forfeited on the ground that
it constitutes proceeds traceable to a violation of this chapter,
the seizing law enforcement agency must prove by a preponderance of the evidence that the property constitutes proceeds
traceable to a violation of this chapter.
(9) When property is forfeited under this chapter the
seizing law enforcement agency may:
(a) Retain it for official use or upon application by any
law enforcement agency of this state release the property to
that agency for the exclusive use of enforcing this chapter;
(b) Sell that which is not required to be destroyed by law
and which is not harmful to the public. The proceeds and all
moneys forfeited under this chapter shall be used for payment
[Title 9 RCW—page 77]
9.68A.130
Title 9 RCW: Crimes and Punishments
of all proper expenses of the investigation leading to the seizure, including any money delivered to the subject of the
investigation by the law enforcement agency, and of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, actual costs of the
prosecuting or city attorney, and court costs. Fifty percent of
the money remaining after payment of these expenses shall
be deposited in the state general fund and fifty percent shall
be deposited in the general fund of the state, county, or city of
the seizing law enforcement agency; or
(c) Request the appropriate sheriff or director of public
safety to take custody of the property and remove it for disposition in accordance with law. [2009 c 479 § 12; 1999 c 143
§ 8; 1984 c 262 § 11.]
Effective date—2009 c 479: See note following RCW 2.56.030.
9.68A.130 Recovery of costs of suit by minor. A
minor prevailing in a civil action arising from violation of
this chapter is entitled to recover the costs of the suit, including an award of reasonable attorneys’ fees. [1984 c 262 §
12.]
9.68A.130
9.68A.150 Allowing minor on premises of live erotic
performance—Definitions—Penalty. (1) No person may
knowingly allow a minor to be on the premises of a commercial establishment open to the public if there is a live performance containing matter which is erotic material.
(2) Any person who is convicted of violating this section
is guilty of a gross misdemeanor.
(3) For the purposes of this section:
(a) "Minor" means any person under the age of eighteen
years.
(b) "Erotic materials" means live performance:
(i) Which the average person, applying contemporary
community standards, would find, when considered as a
whole, appeals to the prurient interest of minors; and
(ii) Which explicitly depicts or describes patently offensive representations or descriptions of sexually explicit conduct as defined in RCW 9.68A.011; and
(iii) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value for minors.
(c) "Live performance" means any play, show, skit,
dance, or other exhibition performed or presented to, or
before an audience of one or more, with or without consideration.
(d) "Person" means any individual, partnership, firm,
association, corporation, or other legal entity. [2003 c 53 §
43; 1987 c 396 § 2.]
9.68A.911 Severability—1989 c 32. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 32 § 10.]
9.68A.911
9.68A.912 Construction—Chapter applicable to
state registered domestic partnerships—2009 c 521. For
the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family
shall be interpreted as applying equally to state registered
domestic partnerships or individuals in state registered
domestic partnerships as well as to marital relationships and
married persons, and references to dissolution of marriage
shall apply equally to state registered domestic partnerships
that have been terminated, dissolved, or invalidated, to the
extent that such interpretation does not conflict with federal
law. Where necessary to implement chapter 521, Laws of
2009, gender-specific terms such as husband and wife used in
any statute, rule, or other law shall be construed to be gender
neutral, and applicable to individuals in state registered
domestic partnerships. [2009 c 521 § 20.]
9.68A.912
9.68A.150
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
9.68A.910 Severability—1984 c 262. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 262 § 15.]
9.68A.910
[Title 9 RCW—page 78]
Chapter 9.69
Chapter 9.69 RCW
DUTY OF WITNESSES
Sections
9.69.100
Duty of witness of offense against child or any violent
offense—Penalty.
Labor and industries officer, disobeying subpoena to appear before: RCW
43.22.300.
Legislative hearings, failure to obey subpoena or testify: RCW 44.16.120
through 44.16.150.
Obstructing governmental operation: Chapter 9A.76 RCW.
Wills, fraudulently failing to deliver: RCW 11.20.010.
9.69.100 Duty of witness of offense against child or
any violent offense—Penalty. (1) A person who witnesses
the actual commission of:
(a) A violent offense as defined in RCW 9.94A.030 or
preparations for the commission of such an offense;
(b) A sexual offense against a child or an attempt to commit such a sexual offense; or
(c) An assault of a child that appears reasonably likely to
cause substantial bodily harm to the child,
shall as soon as reasonably possible notify the prosecuting
attorney, law enforcement, medical assistance, or other public officials.
(2) This section shall not be construed to affect privileged relationships as provided by law.
(3) The duty to notify a person or agency under this section is met if a person notifies or attempts to provide such
notice by telephone or any other means as soon as reasonably
possible.
(4) Failure to report as required by subsection (1) of this
section is a gross misdemeanor. However, a person is not
required to report under this section where that person has a
reasonable belief that making such a report would place that
person or another family or household member in danger of
immediate physical harm. [1987 c 503 § 18; 1985 c 443 § 21;
1970 ex.s. c 49 § 8.]
9.69.100
(2010 Ed.)
Perjury
Abuse of children: Chapter 26.44 RCW.
9.73.030
9.73.140
Additional notes found at www.leg.wa.gov
9.73.200
Chapter 9.72
Chapter 9.72 RCW
PERJURY
9.73.220
9.73.230
Sections
9.72.090
Committal of witness—Detention of documents.
Banks and trust companies
false swearing in bank or trust company examinations: RCW 30.04.060.
knowingly subscribing to false statement: RCW 30.12.090.
Elections
absentee voting, falsification of qualifications: RCW 29A.84.680.
falsification by voter: Chapter 29A.84 RCW.
initiative and referendum petition signer, false statement: RCW
29A.84.230.
recall petition signer, false statement: RCW 29A.84.240.
Land registration falsification: RCW 65.12.740.
Marriage affidavit falsification: RCW 26.04.210.
Perjury and interference with official proceedings: Chapter 9A.72 RCW.
Public assistance, falsification of application: RCW 74.08.055.
Sufficiency of indictment or information charging perjury: RCW 10.37.140.
Taxation, false property listing: RCW 84.40.120.
9.72.090 Committal of witness—Detention of documents. Whenever it shall appear probable to a judge, magistrate, or other officer lawfully authorized to conduct any
hearing, proceeding or investigation, that a person who has
testified before such judge, magistrate, or officer has committed perjury in any testimony so given, or offered any false
evidence, he or she may, by order or process for that purpose,
immediately commit such person to jail or take a recognizance for such person’s appearance to answer such charge. In
such case such judge, magistrate, or officer may detain any
book, paper, document, record or other instrument produced
before him or her or direct it to be delivered to the prosecuting attorney. [1987 c 202 § 141; 1909 c 249 § 107; RRS §
2359.]
9.72.090
Intent—1987 c 202: See note following RCW 2.04.190.
Chapter 9.73
Chapter 9.73 RCW
PRIVACY, VIOLATING RIGHT OF
Sections
9.73.010
9.73.020
9.73.030
9.73.040
9.73.050
9.73.060
9.73.070
9.73.080
9.73.090
9.73.095
9.73.100
9.73.110
9.73.120
9.73.130
(2010 Ed.)
9.73.210
Divulging telegram.
Opening sealed letter.
Intercepting, recording, or divulging private communication—
Consent required—Exceptions.
Intercepting private communication—Court order permitting
interception—Grounds for issuance—Duration—Renewal.
Admissibility of intercepted communication in evidence.
Violating right of privacy—Civil action—Liability for damages.
Persons and activities excepted from chapter.
Penalties.
Certain emergency response personnel exempted from RCW
9.73.030 through 9.73.080—Standards—Court authorizations—Admissibility.
Intercepting, recording, or divulging offender conversations—
Conditions—Notice.
Recordings available to defense counsel.
Intercepting, recording, or disclosing private communications—Not unlawful for building owner—Conditions.
Reports—Required, when, contents.
Recording private communications—Authorization—Application for, contents.
9.73.240
9.73.260
Recording private communications—Authorization of or
application for—Inventory, contents, service—Availability
of recording, applications, and orders.
Intercepting, transmitting, or recording conversations concerning controlled substances—Findings.
Intercepting, transmitting, or recording conversations concerning controlled substances—Authorization—Monthly
report—Admissibility—Destruction of information.
Judicial authorizations—Availability of judge required.
Intercepting, transmitting, or recording conversations concerning controlled substances—Conditions—Written reports
required—Judicial review—Notice—Admissibility—Penalties.
Intercepting, transmitting, or recording conversations concerning controlled substances—Concurrent power of attorney
general to investigate and prosecute.
Pen registers, trap and trace devices.
9.73.010 Divulging telegram. Every person who shall
wrongfully obtain or attempt to obtain, any knowledge of a
telegraphic message, by connivance with the clerk, operator,
messenger or other employee of a telegraph company, and
every clerk, operator, messenger or other employee of such
company who shall wilfully divulge to any but the person for
whom it was intended, any telegraphic message or dispatch
intrusted to him for transmission or delivery, or the nature or
contents thereof, or shall wilfully refuse, neglect or delay
duly to transmit or deliver the same, shall be guilty of a misdemeanor. [1909 c 249 § 410; Code 1881 § 2342; RRS §
2662.]
9.73.010
Intercepting, delaying telegram: RCW 9A.48.070, 9A.48.080.
9.73.020 Opening sealed letter. Every person who
shall wilfully open or read, or cause to be opened or read, any
sealed message, letter or telegram intended for another person, or publish the whole or any portion of such a message,
letter or telegram, knowing it to have been opened or read
without authority, shall be guilty of a misdemeanor. [1909 c
249 § 411; RRS § 2663.]
9.73.020
9.73.030 Intercepting, recording, or divulging private communication—Consent required—Exceptions.
(1) Except as otherwise provided in this chapter, it shall be
unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political
subdivisions to intercept, or record any:
(a) Private communication transmitted by telephone,
telegraph, radio, or other device between two or more individuals between points within or without the state by any
device electronic or otherwise designed to record and/or
transmit said communication regardless how such device is
powered or actuated, without first obtaining the consent of all
the participants in the communication;
(b) Private conversation, by any device electronic or otherwise designed to record or transmit such conversation
regardless how the device is powered or actuated without
first obtaining the consent of all the persons engaged in the
conversation.
(2) Notwithstanding subsection (1) of this section, wire
communications or conversations (a) of an emergency
nature, such as the reporting of a fire, medical emergency,
crime, or disaster, or (b) which convey threats of extortion,
blackmail, bodily harm, or other unlawful requests or
demands, or (c) which occur anonymously or repeatedly or at
an extremely inconvenient hour, or (d) which relate to com9.73.030
[Title 9 RCW—page 79]
9.73.040
Title 9 RCW: Crimes and Punishments
munications by a hostage holder or barricaded person as
defined in RCW 70.85.100, whether or not conversation
ensues, may be recorded with the consent of one party to the
conversation.
(3) Where consent by all parties is needed pursuant to
this chapter, consent shall be considered obtained whenever
one party has announced to all other parties engaged in the
communication or conversation, in any reasonably effective
manner, that such communication or conversation is about to
be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be
recorded.
(4) An employee of any regularly published newspaper,
magazine, wire service, radio station, or television station
acting in the course of bona fide news gathering duties on a
full-time or contractual or part-time basis, shall be deemed to
have consent to record and divulge communications or conversations otherwise prohibited by this chapter if the consent
is expressly given or if the recording or transmitting device is
readily apparent or obvious to the speakers. Withdrawal of
the consent after the communication has been made shall not
prohibit any such employee of a newspaper, magazine, wire
service, or radio or television station from divulging the communication or conversation. [1986 c 38 § 1; 1985 c 260 § 2;
1977 ex.s. c 363 § 1; 1967 ex.s. c 93 § 1.]
Reviser’s note: This section was amended by 1985 c 260 § 2 and by
1986 c 38 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Additional notes found at www.leg.wa.gov
9.73.040 Intercepting private communication—
Court order permitting interception—Grounds for issuance—Duration—Renewal. (1) An ex parte order for the
interception of any communication or conversation listed in
RCW 9.73.030 may be issued by any superior court judge in
the state upon verified application of either the state attorney
general or any county prosecuting attorney setting forth fully
facts and circumstances upon which the application is based
and stating that:
(a) There are reasonable grounds to believe that national
security is endangered, that a human life is in danger, that
arson is about to be committed, or that a riot is about to be
committed, and
(b) There are reasonable grounds to believe that evidence
will be obtained essential to the protection of national security, the preservation of human life, or the prevention of arson
or a riot, and
(c) There are no other means readily available for obtaining such information.
(2) Where statements are solely upon the information
and belief of the applicant, the grounds for the belief must be
given.
(3) The applicant must state whether any prior application has been made to obtain such communications on the
same instrument or for the same person and if such prior
application exists the applicant shall disclose the current status thereof.
(4) The application and any order issued under RCW
9.73.030 through 9.73.080 shall identify as fully as possible
9.73.040
[Title 9 RCW—page 80]
the particular equipment, lines or location from which the
information is to be obtained and the purpose thereof.
(5) The court may examine upon oath or affirmation the
applicant and any witness the applicant desires to produce or
the court requires to be produced.
(6) Orders issued under this section shall be effective for
fifteen days, after which period the court which issued the
order may upon application of the officer who secured the
original order renew or continue the order for an additional
period not to exceed fifteen days.
(7) No order issued under this section shall authorize or
purport to authorize any activity which would violate any
laws of the United States. [1967 ex.s. c 93 § 2.]
Additional notes found at www.leg.wa.gov
9.73.050 Admissibility of intercepted communication
in evidence. Any information obtained in violation of RCW
9.73.030 or pursuant to any order issued under the provisions
of RCW 9.73.040 shall be inadmissible in any civil or criminal case in all courts of general or limited jurisdiction in this
state, except with the permission of the person whose rights
have been violated in an action brought for damages under
the provisions of RCW 9.73.030 through 9.73.080, or in a
criminal action in which the defendant is charged with a
crime, the commission of which would jeopardize national
security. [1967 ex.s. c 93 § 3.]
9.73.050
Additional notes found at www.leg.wa.gov
9.73.060 Violating right of privacy—Civil action—
Liability for damages. Any person who, directly or by
means of a detective agency or any other agent, violates the
provisions of this chapter shall be subject to legal action for
damages, to be brought by any other person claiming that a
violation of this statute has injured his business, his person, or
his reputation. A person so injured shall be entitled to actual
damages, including mental pain and suffering endured by
him on account of violation of the provisions of this chapter,
or liquidated damages computed at the rate of one hundred
dollars a day for each day of violation, not to exceed one
thousand dollars, and a reasonable attorney’s fee and other
costs of litigation. [1977 ex.s. c 363 § 2; 1967 ex.s. c 93 § 4.]
9.73.060
Additional notes found at www.leg.wa.gov
9.73.070 Persons and activities excepted from chapter. (1) The provisions of this chapter shall not apply to any
activity in connection with services provided by a common
carrier pursuant to its tariffs on file with the Washington utilities and transportation commission or the Federal Communication Commission and any activity of any officer, agent or
employee of a common carrier who performs any act otherwise prohibited by this law in the construction, maintenance,
repair and operations of the common carrier’s communications services, facilities, or equipment or incident to the use
of such services, facilities or equipment. Common carrier as
used in this section means any person engaged as a common
carrier or public service company for hire in intrastate, interstate or foreign communication by wire or radio or in intrastate, interstate or foreign radio transmission of energy.
(2) The provisions of this chapter shall not apply to:
9.73.070
(2010 Ed.)
Privacy, Violating Right of
(a) Any common carrier automatic number, caller, or
location identification service that has been approved by the
Washington utilities and transportation commission; or
(b) A 911 or enhanced 911 emergency service as defined
in RCW 82.14B.020, for purposes of aiding public health or
public safety agencies to respond to calls placed for emergency assistance. [1994 c 49 § 1. Prior: 1991 c 329 § 8; 1991
c 312 § 1; 1967 ex.s. c 93 § 5.]
Additional notes found at www.leg.wa.gov
9.73.080 Penalties. (1) Except as otherwise provided in
this chapter, any person who violates RCW 9.73.030 is guilty
of a gross misdemeanor.
(2) Any person who knowingly alters, erases, or wrongfully discloses any recording in violation of RCW
9.73.090(1)(c) is guilty of a gross misdemeanor. [2000 c 195
§ 3; 1989 c 271 § 209; 1967 ex.s. c 93 § 6.]
9.73.080
Intent—2000 c 195: See note following RCW 9.73.090.
Additional notes found at www.leg.wa.gov
9.73.090 Certain emergency response personnel
exempted from RCW 9.73.030 through 9.73.080—Standards—Court authorizations—Admissibility. (1) The
provisions of RCW 9.73.030 through 9.73.080 shall not
apply to police, fire, emergency medical service, emergency
communication center, and poison center personnel in the
following instances:
(a) Recording incoming telephone calls to police and fire
stations, licensed emergency medical service providers,
emergency communication centers, and poison centers;
(b) Video and/or sound recordings may be made of
arrested persons by police officers responsible for making
arrests or holding persons in custody before their first appearance in court. Such video and/or sound recordings shall conform strictly to the following:
(i) The arrested person shall be informed that such
recording is being made and the statement so informing him
shall be included in the recording;
(ii) The recording shall commence with an indication of
the time of the beginning thereof and terminate with an indication of the time thereof;
(iii) At the commencement of the recording the arrested
person shall be fully informed of his constitutional rights, and
such statements informing him shall be included in the
recording;
(iv) The recordings shall only be used for valid police or
court activities;
(c) Sound recordings that correspond to video images
recorded by video cameras mounted in law enforcement
vehicles. All law enforcement officers wearing a sound
recording device that makes recordings corresponding to videos recorded by video cameras mounted in law enforcement
vehicles must be in uniform. A sound recording device that
makes a recording pursuant to this subsection (1)(c) must be
operated simultaneously with the video camera when the
operating system has been activated for an event. No sound
recording device may be intentionally turned off by the law
enforcement officer during the recording of an event. Once
the event has been captured, the officer may turn off the audio
recording and place the system back into "pre-event" mode.
9.73.090
(2010 Ed.)
9.73.090
No sound or video recording made under this subsection
(1)(c) may be duplicated and made available to the public by
a law enforcement agency subject to this section until final
disposition of any criminal or civil litigation which arises
from the event or events which were recorded. Such sound
recordings shall not be divulged or used by any law enforcement agency for any commercial purpose.
A law enforcement officer shall inform any person being
recorded by sound under this subsection (1)(c) that a sound
recording is being made and the statement so informing the
person shall be included in the sound recording, except that
the law enforcement officer is not required to inform the person being recorded if the person is being recorded under exigent circumstances. A law enforcement officer is not
required to inform a person being recorded by video under
this subsection (1)(c) that the person is being recorded by
video.
(2) It shall not be unlawful for a law enforcement officer
acting in the performance of the officer’s official duties to
intercept, record, or disclose an oral communication or conversation where the officer is a party to the communication or
conversation or one of the parties to the communication or
conversation has given prior consent to the interception,
recording, or disclosure: PROVIDED, That prior to the interception, transmission, or recording the officer shall obtain
written or telephonic authorization from a judge or magistrate, who shall approve the interception, recording, or disclosure of communications or conversations with a nonconsenting party for a reasonable and specified period of time, if
there is probable cause to believe that the nonconsenting
party has committed, is engaged in, or is about to commit a
felony: PROVIDED HOWEVER, That if such authorization
is given by telephone the authorization and officer’s statement justifying such authorization must be electronically
recorded by the judge or magistrate on a recording device in
the custody of the judge or magistrate at the time transmitted
and the recording shall be retained in the court records and
reduced to writing as soon as possible thereafter.
Any recording or interception of a communication or
conversation incident to a lawfully recorded or intercepted
communication or conversation pursuant to this subsection
shall be lawful and may be divulged.
All recordings of communications or conversations
made pursuant to this subsection shall be retained for as long
as any crime may be charged based on the events or communications or conversations recorded.
(3) Communications or conversations authorized to be
intercepted, recorded, or disclosed by this section shall not be
inadmissible under RCW 9.73.050.
(4) Authorizations issued under subsection (2) of this
section shall be effective for not more than seven days, after
which period the issuing authority may renew or continue the
authorization for additional periods not to exceed seven days.
(5) If the judge or magistrate determines that there is
probable cause to believe that the communication or conversation concerns the unlawful manufacture, delivery, sale, or
possession with intent to manufacture, deliver, or sell, controlled substances as defined in chapter 69.50 RCW, or legend drugs as defined in chapter 69.41 RCW, or imitation controlled substances as defined in chapter 69.52 RCW, the
judge or magistrate may authorize the interception, transmis[Title 9 RCW—page 81]
9.73.095
Title 9 RCW: Crimes and Punishments
sion, recording, or disclosure of communications or conversations under subsection (2) of this section even though the
true name of the nonconsenting party, or the particular time
and place for the interception, transmission, recording, or disclosure, is not known at the time of the request, if the authorization describes the nonconsenting party and subject matter
of the communication or conversation with reasonable certainty under the circumstances. Any such communication or
conversation may be intercepted, transmitted, recorded, or
disclosed as authorized notwithstanding a change in the time
or location of the communication or conversation after the
authorization has been obtained or the presence of or participation in the communication or conversation by any additional party not named in the authorization.
Authorizations issued under this subsection shall be
effective for not more than fourteen days, after which period
the issuing authority may renew or continue the authorization
for an additional period not to exceed fourteen days. [2006 c
38 § 1; 2000 c 195 § 2; 1989 c 271 § 205; 1986 c 38 § 2; 1977
ex.s. c 363 § 3; 1970 ex.s. c 48 § 1.]
Intent—2000 c 195: "The legislature intends, by the enactment of this
act, to provide a very limited exception to the restrictions on disclosure of
intercepted communications." [2000 c 195 § 1.]
Additional notes found at www.leg.wa.gov
9.73.095 Intercepting, recording, or divulging
offender conversations—Conditions—Notice. (1) RCW
9.73.030 through 9.73.080 and 9.73.260 shall not apply to
employees of the department of corrections in the following
instances: Intercepting, recording, or divulging any telephone calls from an offender or resident of a state correctional facility; or intercepting, recording, or divulging any
monitored nontelephonic conversations in offender living
units, cells, rooms, dormitories, and common spaces where
offenders may be present. For the purposes of this section,
"state correctional facility" means a facility that is under the
control and authority of the department of corrections, and
used for the incarceration, treatment, or rehabilitation of convicted felons.
(2)(a) All personal calls made by offenders shall be made
using a calling system approved by the secretary of corrections which is at least as secure as the system it replaces. In
approving one or more calling systems, the secretary of corrections shall consider the safety of the public, the ability to
reduce telephone fraud, and the ability of offender families to
select a low-cost option.
(b) The calls shall be "operator announcement" type
calls. The operator shall notify the receiver of the call that the
call is coming from a prison offender, and that it will be
recorded and may be monitored.
(3) The department of corrections shall adhere to the following procedures and restrictions when intercepting, recording, or divulging any telephone calls from an offender or resident of a state correctional facility as provided for by this
section. The department shall also adhere to the following
procedures and restrictions when intercepting, recording, or
divulging any monitored nontelephonic conversations in
offender living units, cells, rooms, dormitories, and common
spaces where offenders may be present:
(a) Unless otherwise provided for in this section, after
intercepting or recording any conversation, only the superin9.73.095
[Title 9 RCW—page 82]
tendent and his or her designee shall have access to that
recording.
(b) The contents of any intercepted and recorded conversation shall be divulged only as is necessary to safeguard the
orderly operation of the correctional facility, in response to a
court order, or in the prosecution or investigation of any
crime.
(c) All conversations that are recorded under this section,
unless being used in the ongoing investigation or prosecution
of a crime, or as is necessary to assure the orderly operation
of the correctional facility, shall be destroyed one year after
the intercepting and recording.
(4) So as to safeguard the sanctity of the attorney-client
privilege, the department of corrections shall not intercept,
record, or divulge any conversation between an offender or
resident and an attorney. The department shall develop policies and procedures to implement this section. The department’s policies and procedures implemented under this section shall also recognize the privileged nature of confessions
made by an offender to a member of the clergy or a priest in
his or her professional character, in the course of discipline
enjoined by the church to which he or she belongs as provided in RCW 5.60.060(3).
(5) The department shall notify in writing all offenders,
residents, and personnel of state correctional facilities that
their nontelephonic conversations may be intercepted,
recorded, or divulged in accordance with the provisions of
this section.
(6) The department shall notify all visitors to state correctional facilities who may enter offender living units, cells,
rooms, dormitories, or common spaces where offenders may
be present, that their conversations may intercepted,
recorded, or divulged in accordance with the provisions of
this section. The notice required under this subsection shall
be accomplished through a means no less conspicuous than a
general posting in a location likely to be seen by visitors
entering the facility. [2004 c 13 § 2; 1998 c 217 § 2; 1996 c
197 § 1; 1989 c 271 § 210.]
Findings—Intent—2004 c 13: "The legislature finds that the current
telephone service for offender calls from department of corrections facilities
is based on outdated technology that provides neither the most secure nor the
most accountable system available and is provided at a high cost to the
offenders’ families. The legislature, in budget provisions, has required the
secretary of corrections to investigate other systems as offender telephone
service contracts came due for renewal. The legislature now finds that the
current statute prevents the secretary of corrections from using systems that
provide greater security, more offender accountability, and lower costs.
Therefore, the legislature intends to remove this barrier while retaining the
intent of the statute to provide safe, accountable, and affordable telephone
services." [2004 c 13 § 1.]
Local government reimbursement claims: RCW 4.92.280.
Additional notes found at www.leg.wa.gov
9.73.100
9.73.100 Recordings available to defense counsel.
Video and/or sound recordings obtained by police personnel
under the authority of RCW 9.73.090 and 9.73.100 shall be
made available for hearing and/or viewing by defense counsel at the request of defense counsel whenever a criminal
charge has been filed against the subject of the video and/or
sound recordings. [1970 ex.s. c 48 § 2.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Privacy, Violating Right of
9.73.110 Intercepting, recording, or disclosing private communications—Not unlawful for building
owner—Conditions. It shall not be unlawful for the owner
or person entitled to use and possession of a building, as
defined in RCW 9A.04.110(5), or the agent of such person, to
intercept, record, or disclose communications or conversations which occur within such building if the persons
engaged in such communication or conversation are engaged
in a criminal act at the time of such communication or conversation by virtue of unlawful entry or remaining unlawfully
in such building. [1977 ex.s. c 363 § 4.]
9.73.110
9.73.120 Reports—Required, when, contents. (1)
Within thirty days after the expiration of an authorization or
an extension or renewal thereof issued pursuant to RCW
9.73.090(2) as now or hereafter amended, the issuing or
denying judge shall make a report to the administrator for the
courts stating that:
(a) An authorization, extension or renewal was applied
for;
(b) The kind of authorization applied for;
(c) The authorization was granted as applied for, was
modified, or was denied;
(d) The period of recording authorized by the authorization and the number and duration of any extensions or renewals of the authorization;
(e) The offense specified in the authorization or extension or renewal of authorization;
(f) The identity of the person authorizing the application
and of the investigative or law enforcement officer and
agency for whom it was made;
(g) Whether an arrest resulted from the communication
which was the subject of the authorization; and
(h) The character of the facilities from which or the place
where the communications were to be recorded.
(2) In addition to reports required to be made by applicants pursuant to federal law, all judges of the superior court
authorized to issue authority pursuant to this chapter shall
make annual reports on the operation of this chapter to the
administrator for the courts. The reports made under this subsection must include information on authorizations for the
installation and use of pen registers and trap and trace devices
under RCW 9.73.260. The reports by the judges shall contain
(a) the number of applications made; (b) the number of authorizations issued; (c) the respective periods of such authorizations; (d) the number and duration of any renewals thereof;
(e) the crimes in connection with which the communications
or conversations were sought; (f) the names of the applicants;
and (g) such other and further particulars as the administrator
for the courts may require, except that the administrator for
the courts shall not require the reporting of information that
might lead to the disclosure of the identity of a confidential
informant.
The chief justice of the supreme court shall annually
report to the governor and the legislature on such aspects of
the operation of this chapter as appropriate including any recommendations as to legislative changes or improvements to
effectuate the purposes of this chapter and to assure and protect individual rights. [1998 c 217 § 3; 1989 c 271 § 207;
1977 ex.s. c 363 § 5.]
9.73.120
Local government reimbursement claims: RCW 4.92.280.
(2010 Ed.)
9.73.140
Additional notes found at www.leg.wa.gov
9.73.130 Recording private communications—
Authorization—Application for, contents. Each application for an authorization to record communications or conversations pursuant to RCW 9.73.090 as now or hereafter
amended shall be made in writing upon oath or affirmation
and shall state:
(1) The authority of the applicant to make such application;
(2) The identity and qualifications of the investigative or
law enforcement officers or agency for whom the authority to
record a communication or conversation is sought and the
identity of whoever authorized the application;
(3) A particular statement of the facts relied upon by the
applicant to justify his belief that an authorization should be
issued, including:
(a) The identity of the particular person, if known, committing the offense and whose communications or conversations are to be recorded;
(b) The details as to the particular offense that has been,
is being, or is about to be committed;
(c) The particular type of communication or conversation to be recorded and a showing that there is probable cause
to believe such communication will be communicated on the
wire communication facility involved or at the particular
place where the oral communication is to be recorded;
(d) The character and location of the particular wire
communication facilities involved or the particular place
where the oral communication is to be recorded;
(e) A statement of the period of time for which the
recording is required to be maintained, if the character of the
investigation is such that the authorization for recording
should not automatically terminate when the described type
of communication or conversation has been first obtained, a
particular statement of facts establishing probable cause to
believe that additional communications of the same type will
occur thereafter;
(f) A particular statement of facts showing that other normal investigative procedures with respect to the offense have
been tried and have failed or reasonably appear to be unlikely
to succeed if tried or to be too dangerous to employ;
(4) Where the application is for the renewal or extension
of an authorization, a particular statement of facts showing
the results thus far obtained from the recording, or a reasonable explanation of the failure to obtain such results;
(5) A complete statement of the facts concerning all previous applications, known to the individual authorizing and
to the individual making the application, made to any court
for authorization to record a wire or oral communication
involving any of the same facilities or places specified in the
application or involving any person whose communication is
to be intercepted, and the action taken by the court on each
application; and
(6) Such additional testimony or documentary evidence
in support of the application as the judge may require. [1977
ex.s. c 363 § 6.]
9.73.130
9.73.140 Recording private communications—
Authorization of or application for—Inventory, contents,
service—Availability of recording, applications, and
9.73.140
[Title 9 RCW—page 83]
9.73.200
Title 9 RCW: Crimes and Punishments
orders. Within a reasonable time but not later than thirty
days after the termination of the period of the authorization or
of extensions or renewals thereof, or the date of the denial of
an authorization applied for under RCW 9.73.090 as now or
hereafter amended, the issuing authority shall cause to be
served on the person named in the authorization or application for an authorization, and such other parties to the
recorded communications as the judge may in his discretion
determine to be in the interest of justice, an inventory which
shall include:
(1) Notice of the entry of the authorization or the application for an authorization which has been denied under
RCW 9.73.090 as now or hereafter amended;
(2) The date of the entry of the authorization or the denial
of an authorization applied for under RCW 9.73.090 as now
or hereafter amended;
(3) The period of authorized or disapproved recording;
and
(4) The fact that during the period wire or oral communications were or were not recorded.
The issuing authority, upon the filing of a motion, may in
its discretion make available to such person or his attorney
for inspection such portions of the recorded communications,
applications and orders as the court determines to be in the
interest of justice. On an ex parte showing of good cause to
the court the serving of the inventory required by this section
may be postponed or dispensed with. [1977 ex.s. c 363 § 7.]
9.73.200 Intercepting, transmitting, or recording
conversations concerning controlled substances—Findings. The legislature finds that the unlawful manufacturing,
selling, and distributing of controlled substances is becoming
increasingly prevalent and violent. Attempts by law enforcement officers to prevent the manufacture, sale, and distribution of drugs is resulting in numerous life-threatening situations since drug dealers are using sophisticated weapons and
modern technological devices to deter the efforts of law
enforcement officials to enforce the controlled substance statutes. Dealers of unlawful drugs are employing a wide variety
of violent methods to realize the enormous profits of the drug
trade.
Therefore, the legislature finds that conversations
regarding illegal drug operations should be intercepted, transmitted, and recorded in certain circumstances without prior
judicial approval in order to protect the life and safety of law
enforcement personnel and to enhance prosecution of drug
offenses, and that that interception and transmission can be
done without violating the constitutional guarantees of privacy. [1989 c 271 § 201.]
9.73.200
Additional notes found at www.leg.wa.gov
unlawful manufacture, delivery, sale, or possession with
intent to manufacture, deliver, or sell, controlled substances
as defined in chapter 69.50 RCW, or legend drugs as defined
in chapter 69.41 RCW, or imitation controlled substances as
defined in chapter 69.52 RCW.
(2) Before any interception, transmission, or recording
of a private conversation or communication pursuant to this
section, the police commander or officer making the determination required by subsection (1) of this section shall complete a written authorization which shall include (a) the date
and time the authorization is given; (b) the persons, including
the consenting party, expected to participate in the conversation or communication, to the extent known; (c) the expected
date, location, and approximate time of the conversation or
communication; and (d) the reasons for believing the consenting party’s safety will be in danger.
(3) A monthly report shall be filed by the law enforcement agency with the administrator for the courts indicating
the number of authorizations made under this section, the
date and time of each authorization, and whether an interception, transmission, or recording was made with respect to
each authorization.
(4) Any information obtained pursuant to this section is
inadmissible in any civil or criminal case in all courts of general or limited jurisdiction in this state, except:
(a) With the permission of the person whose communication or conversation was intercepted, transmitted, or
recorded without his or her knowledge;
(b) In a civil action for personal injury or wrongful death
arising out of the same incident, where the cause of action is
based upon an act of physical violence against the consenting
party; or
(c) In a criminal prosecution, arising out of the same
incident for a serious violent offense as defined in RCW
9.94A.030 in which a party who consented to the interception, transmission, or recording was a victim of the offense.
(5) Nothing in this section bars the admission of testimony of a participant in the communication or conversation
unaided by information obtained pursuant to this section.
(6) The authorizing agency shall immediately destroy
any written, transcribed, or recorded information obtained
from an interception, transmission, or recording authorized
under this section unless the agency determines there has
been a personal injury or death or a serious violent offense
which may give rise to a civil action or criminal prosecution
in which the information may be admissible under subsection
(4)(b) or (c) of this section.
(7) Nothing in this section authorizes the interception,
recording, or transmission of a telephonic communication or
conversation. [1989 c 271 § 202.]
Additional notes found at www.leg.wa.gov
9.73.210 Intercepting, transmitting, or recording
conversations concerning controlled substances—Authorization—Monthly report—Admissibility—Destruction
of information. (1) If a police commander or officer above
the rank of first line supervisor has reasonable suspicion that
the safety of the consenting party is in danger, law enforcement personnel may, for the sole purpose of protecting the
safety of the consenting party, intercept, transmit, or record a
private conversation or communication concerning the
9.73.210
[Title 9 RCW—page 84]
9.73.220 Judicial authorizations—Availability of
judge required. In each superior court judicial district in a
county with a population of two hundred ten thousand or
more there shall be available twenty-four hours a day at least
one superior court or district court judge or magistrate designated to receive telephonic requests for authorizations that
may be issued pursuant to this chapter. The presiding judge
of each such superior court in conjunction with the district
9.73.220
(2010 Ed.)
Privacy, Violating Right of
court judges in that superior court judicial district shall establish a coordinated schedule of rotation for all of the superior
and district court judges and magistrates in the superior court
judicial district for purposes of ensuring the availability of at
least one judge or magistrate at all times. During the period
that each judge or magistrate is designated, he or she shall be
equipped with an electronic paging device when not present
at his or her usual telephone. It shall be the designated judge’s
or magistrate’s responsibility to ensure that all attempts to
reach him or her for purposes of requesting authorization pursuant to this chapter are forwarded to the electronic page
number when the judge or magistrate leaves the place where
he or she would normally receive such calls. [1991 c 363 § 9;
1989 c 271 § 203.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Additional notes found at www.leg.wa.gov
9.73.230 Intercepting, transmitting, or recording
conversations concerning controlled substances—Conditions—Written reports required—Judicial review—
Notice—Admissibility—Penalties. (1) As part of a bona
fide criminal investigation, the chief law enforcement officer
of a law enforcement agency or his or her designee above the
rank of first line supervisor may authorize the interception,
transmission, or recording of a conversation or communication by officers under the following circumstances:
(a) At least one party to the conversation or communication has consented to the interception, transmission, or
recording;
(b) Probable cause exists to believe that the conversation
or communication involves the unlawful manufacture, delivery, sale, or possession with intent to manufacture, deliver, or
sell, controlled substances as defined in chapter 69.50 RCW,
or legend drugs as defined in chapter 69.41 RCW, or imitation controlled substances as defined in chapter 69.52 RCW;
and
(c) A written report has been completed as required by
subsection (2) of this section.
(2) The agency’s chief officer or designee authorizing an
interception, transmission, or recording under subsection (1)
of this section, shall prepare and sign a written report at the
time of authorization indicating:
(a) The circumstances that meet the requirements of subsection (1) of this section;
(b) The names of the authorizing and consenting parties,
except that in those cases where the consenting party is a confidential informant, the name of the confidential informant
need not be divulged;
(c) The names of the officers authorized to intercept,
transmit, and record the conversation or communication;
(d) The identity of the particular person or persons, if
known, who may have committed or may commit the
offense;
(e) The details of the particular offense or offenses that
may have been or may be committed and the expected date,
location, and approximate time of the conversation or communication; and
(f) Whether there was an attempt to obtain authorization
pursuant to RCW 9.73.090(2) and, if there was such an
attempt, the outcome of the attempt.
9.73.230
(2010 Ed.)
9.73.230
(3) An authorization under this section is valid in all
jurisdictions within Washington state and for the interception
of communications from additional persons if the persons are
brought into the conversation or transaction by the nonconsenting party or if the nonconsenting party or such additional
persons cause or invite the consenting party to enter another
jurisdiction.
(4) The recording of any conversation or communication
under this section shall be done in such a manner that protects
the recording from editing or other alterations.
(5) An authorization made under this section is valid for
no more than twenty-four hours from the time it is signed by
the authorizing officer, and each authorization shall independently meet all of the requirements of this section. The
authorizing officer shall sign the written report required
under subsection (2) of this section, certifying the exact date
and time of his or her signature. An authorization under this
section may be extended not more than twice for an additional consecutive twenty-four hour period based upon the
same probable cause regarding the same suspected transaction. Each such extension shall be signed by the authorizing
officer.
(6) Within fifteen days after the signing of an authorization that results in any interception, transmission, or recording of a conversation or communication pursuant to this section, the law enforcement agency which made the interception, transmission, or recording shall submit a report
including the original authorization under subsection (2) of
this section to a judge of a court having jurisdiction which
report shall identify (a) the persons, including the consenting
party, who participated in the conversation, and (b) the date,
location, and approximate time of the conversation.
In those cases where the consenting party is a confidential informant, the name of the confidential informant need
not be divulged.
A monthly report shall be filed by the law enforcement
agency with the administrator for the courts indicating the
number of authorizations granted, the date and time of each
authorization, interceptions made, arrests resulting from an
interception, and subsequent invalidations.
(7)(a) Within two judicial days of receipt of a report
under subsection (6) of this section, the court shall make an
ex parte review of the authorization, but not of the evidence,
and shall make a determination whether the requirements of
subsection (1) of this section were met. If the court determines that any of the requirements of subsection (1) of this
section were not met, the court shall order that any recording
and any copies or transcriptions of the conversation or communication be destroyed. Destruction of recordings, copies,
or transcriptions shall be stayed pending any appeal of a finding that the requirements of subsection (1) of this section
were not met.
(b) Absent a continuation under (c) of this subsection, six
months following a determination under (a) of this subsection
that probable cause did not exist, the court shall cause a
notice to be mailed to the last known address of any nonconsenting party to the conversation or communication that was
the subject of the authorization. The notice shall indicate the
date, time, and place of any interception, transmission, or
recording made pursuant to the authorization. The notice
shall also identify the agency that sought the authorization
[Title 9 RCW—page 85]
9.73.240
Title 9 RCW: Crimes and Punishments
and shall indicate that a review under (a) of this subsection
resulted in a determination that the authorization was made in
violation of this section.
(c) An authorizing agency may obtain six-month extensions to the notice requirement of (b) of this subsection in
cases of active, ongoing criminal investigations that might be
jeopardized by sending the notice.
(8) In any subsequent judicial proceeding, evidence
obtained through the interception or recording of a conversation or communication pursuant to this section shall be
admissible only if:
(a) The court finds that the requirements of subsection
(1) of this section were met and the evidence is used in prosecuting an offense listed in subsection (1)(b) of this section;
or
(b) The evidence is admitted with the permission of the
person whose communication or conversation was intercepted, transmitted, or recorded; or
(c) The evidence is admitted in a prosecution for a "serious violent offense" as defined in RCW 9.94A.030 in which
a party who consented to the interception, transmission, or
recording was a victim of the offense; or
(d) The evidence is admitted in a civil suit for personal
injury or wrongful death arising out of the same incident, in
which a party who consented to the interception, transmission, or recording was a victim of a serious violent offense as
defined in RCW 9.94A.030.
Nothing in this subsection bars the admission of testimony of a party or eyewitness to the intercepted, transmitted,
or recorded conversation or communication when that testimony is unaided by information obtained solely by violation
of RCW 9.73.030.
(9) Any determination of invalidity of an authorization
under this section shall be reported by the court to the administrative office of the courts.
(10) Any person who intentionally intercepts, transmits,
or records or who intentionally authorizes the interception,
transmission, or recording of a conversation or communication in violation of this section, is guilty of a class C felony
punishable according to chapter 9A.20 RCW.
(11) An authorizing agency is liable for twenty-five
thousand dollars in exemplary damages, in addition to any
other damages authorized by this chapter or by other law, to
a person whose conversation or communication was intercepted, transmitted, or recorded pursuant to an authorization
under this section if:
(a) In a review under subsection (7) of this section, or in
a suppression of evidence proceeding, it has been determined
that the authorization was made without the probable cause
required by subsection (1)(b) of this section; and
(b) The authorization was also made without a reasonable suspicion that the conversation or communication would
involve the unlawful acts identified in subsection (1)(b) of
this section. [2005 c 282 § 17; 1989 c 271 § 204.]
Additional notes found at www.leg.wa.gov
9.73.240 Intercepting, transmitting, or recording
conversations concerning controlled substances—Concurrent power of attorney general to investigate and prosecute. (1) The attorney general shall have concurrent author9.73.240
[Title 9 RCW—page 86]
ity and power with the prosecuting attorneys to investigate
violations of RCW 9.73.200 through 9.73.230 or RCW
9.73.090 and initiate and conduct prosecutions of any violations upon request of any of the following:
(a) The person who was the nonconsenting party to the
intercepted, transmitted, or recorded conversation or communication; or
(b) The county prosecuting attorney of the jurisdiction in
which the offense has occurred.
(2) The request shall be communicated in writing to the
attorney general. [1989 c 271 § 206.]
Additional notes found at www.leg.wa.gov
9.73.260 Pen registers, trap and trace devices. (1) As
used in this section:
(a) "Wire communication" means any aural transfer
made in whole or in part through the use of facilities for the
transmission of communications by the aid of wire, cable, or
other like connection between the point of origin and the
point of reception, including the use of such connection in a
switching station, furnished or operated by any person
engaged in providing or operating such facilities for the
transmission of intrastate, interstate, or foreign communications, and such term includes any electronic storage of such
communication.
(b) "Electronic communication" means any transfer of
signs, signals, writing, images, sounds, data, or intelligence
of any nature transmitted in whole or in part by a wire, radio,
electromagnetic, photoelectronic, or photo-optical system,
but does not include:
(i) Any wire or oral communication;
(ii) Any communication made through a tone-only paging device; or
(iii) Any communication from a tracking device.
(c) "Electronic communication service" means any service that provides to users thereof the ability to send or
receive wire or electronic communications.
(d) "Pen register" means a device that records or decodes
electronic or other impulses that identify the numbers dialed
or otherwise transmitted on the telephone line to which such
device is attached, but such term does not include any device
used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to
billing, for communications services provided by such provider or any device used by a provider or customer of a wire
communication service for cost accounting or other like purposes in the ordinary course of its business.
(e) "Trap and trace device" means a device that captures
the incoming electronic or other impulses that identify the
originating number of an instrument or device from which a
wire or electronic communication was transmitted.
(2) No person may install or use a pen register or trap and
trace device without a prior court order issued under this section except as provided under subsection (6) of this section or
RCW 9.73.070.
(3) A law enforcement officer may apply for and the
superior court may issue orders and extensions of orders
authorizing the installation and use of pen registers and trap
and trace devices as provided in this section. The application
shall be under oath and shall include the identity of the officer
9.73.260
(2010 Ed.)
Privacy, Violating Right of
making the application and the identity of the law enforcement agency conducting the investigation. The applicant
must certify that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by
that agency.
(4) If the court finds that the information likely to be
obtained by such installation and use is relevant to an ongoing criminal investigation and finds that there is probable
cause to believe that the pen register or trap and trace device
will lead to obtaining evidence of a crime, contraband, fruits
of crime, things criminally possessed, weapons, or other
things by means of which a crime has been committed or reasonably appears about to be committed, or will lead to learning the location of a person who is unlawfully restrained or
reasonably believed to be a witness in a criminal investigation or for whose arrest there is probable cause, the court shall
enter an ex parte order authorizing the installation and use of
a pen register or a trap and trace device. The order shall specify:
(a) The identity, if known, of the person to whom is
leased or in whose name is listed the telephone line to which
the pen register or trap and trace device is to be attached;
(b) The identity, if known, of the person who is the subject of the criminal investigation;
(c) The number and, if known, physical location of the
telephone line to which the pen register or trap and trace
device is to be attached and, in the case of a trap and trace
device, the geographic limits of the trap and trace order; and
(d) A statement of the offense to which the information
likely to be obtained by the pen register or trap and trace
device relates.
The order shall direct, if the applicant has requested, the
furnishing of information, facilities, and technical assistance
necessary to accomplish the installation of the pen register or
trap and trace device. An order issued under this section shall
authorize the installation and use of a pen register or a trap
and trace device for a period not to exceed sixty days. An
extension of the original order may only be granted upon: A
new application for an order under subsection (3) of this section; and a showing that there is a probability that the information or items sought under this subsection are more likely
to be obtained under the extension than under the original
order. No extension beyond the first extension shall be
granted unless: There is a showing that there is a high probability that the information or items sought under this subsection are much more likely to be obtained under the second or
subsequent extension than under the original order; and there
are extraordinary circumstances such as a direct and immediate danger of death or serious bodily injury to a law enforcement officer. The period of extension shall be for a period not
to exceed sixty days.
An order authorizing or approving the installation and
use of a pen register or a trap and trace device shall direct that
the order be sealed until otherwise ordered by the court and
that the person owning or leasing the line to which the pen
register or trap and trace device is attached, or who has been
ordered by the court to provide assistance to the applicant,
not disclose the existence of the pen register or trap and trace
device or the existence of the investigation to the listed subscriber or to any other person, unless or until otherwise
ordered by the court.
(2010 Ed.)
9.73.260
(5) Upon the presentation of an order, entered under subsection (4) of this section, by an officer of a law enforcement
agency authorized to install and use a pen register under this
chapter, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish such
law enforcement officer forthwith all information, facilities,
and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of
interference with the services that the person so ordered by
the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by
a court order as provided in subsection (4) of this section.
Upon the request of an officer of a law enforcement
agency authorized to receive the results of a trap and trace
device under this chapter, a provider of a wire or electronic
communication service, landlord, custodian, or other person
shall install such device forthwith on the appropriate line and
shall furnish such law enforcement officer all additional
information, facilities, and technical assistance including
installation and operation of the device unobtrusively and
with a minimum of interference with the services that the person so ordered by the court accords the party with respect to
whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided
in subsection (4) of this section. Unless otherwise ordered by
the court, the results of the trap and trace device shall be furnished to the officer of a law enforcement agency, designated
in the court order, at reasonable intervals during regular business hours for the duration of the order.
A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this subsection shall
be reasonably compensated by the law enforcement agency
that requests the facilities or assistance for such reasonable
expenses incurred in providing such facilities and assistance.
No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with
the terms of a court order under this section. A good faith reliance on a court order under this section, a request pursuant to
this section, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal
action brought under this chapter or any other law.
(6)(a) Notwithstanding any other provision of this chapter, a law enforcement officer and a prosecuting attorney or
deputy prosecuting attorney who jointly and reasonably
determine that there is probable cause to believe that an emergency situation exists that involves immediate danger of
death or serious bodily injury to any person that requires the
installation and use of a pen register or a trap and trace device
before an order authorizing such installation and use can,
with due diligence, be obtained, and there are grounds upon
which an order could be entered under this chapter to authorize such installation and use, may have installed and use a
pen register or trap and trace device if, within forty-eight
hours after the installation has occurred, or begins to occur,
an order approving the installation or use is issued in accordance with subsection (4) of this section. In the absence of an
authorizing order, such use shall immediately terminate when
the information sought is obtained, when the application for
[Title 9 RCW—page 87]
Chapter 9.81
Title 9 RCW: Crimes and Punishments
the order is denied or when forty-eight hours have lapsed
since the installation of the pen register or trap and trace
device, whichever is earlier. If an order approving the installation or use is not obtained within forty-eight hours, any
information obtained is not admissible as evidence in any
legal proceeding. The knowing installation or use by any law
enforcement officer of a pen register or trap and trace device
pursuant to this subsection without application for the authorizing order within forty-eight hours of the installation shall
constitute a violation of this chapter and be punishable as a
gross misdemeanor. A provider of a wire or electronic service, landlord, custodian, or other person who furnished facilities or technical assistance pursuant to this subsection shall
be reasonably compensated by the law enforcement agency
that requests the facilities or assistance for such reasonable
expenses incurred in providing such facilities and assistance.
(b) A law enforcement agency that authorizes the installation of a pen register or trap and trace device under this subsection (6) shall file a monthly report with the administrator
for the courts. The report shall indicate the number of authorizations made, the date and time of each authorization,
whether a court authorization was sought within forty-eight
hours, and whether a subsequent court authorization was
granted. [1998 c 217 § 1.]
Local government reimbursement claims: RCW 4.92.280.
Chapter 9.81
Chapter 9.81 RCW
SUBVERSIVE ACTIVITIES
Sections
9.81.010
9.81.020
9.81.030
9.81.040
9.81.050
9.81.060
9.81.070
9.81.080
9.81.082
9.81.083
9.81.090
9.81.110
9.81.120
(3) "Foreign subversive organization" means any organization directed, dominated or controlled directly or indirectly
by a foreign government which engages in or advocates,
abets, advises, or teaches, or a purpose of which is to engage
in or to advocate, abet, advise, or teach, activities intended to
overthrow, destroy or alter, or to assist in the overthrow,
destruction or alteration of the constitutional form of the government of the United States, or of the state of Washington,
or of any political subdivision of either of them, and to establish in place thereof any form of government the direction
and control of which is to be vested in, or exercised by or
under, the domination or control of any foreign government,
organization, or individual.
(4) "Foreign government" means the government of any
country or nation other than the government of the United
States of America or of one of the states thereof.
(5) "Subversive person" means any person who commits, attempts to commit, or aids in the commission, or advocates, abets, advises or teaches by any means any person to
commit, attempt to commit, or aid in the commission of any
act intended to overthrow, destroy or alter, or to assist in the
overthrow, destruction or alteration of, the constitutional
form of the government of the United States, or of the state of
Washington, or any political subdivision of either of them by
revolution, force, or violence; or who with knowledge that
the organization is an organization as described in subsections (2) and (3) hereof, becomes or remains a member of a
subversive organization or a foreign subversive organization.
[1953 c 142 § 1; 1951 c 254 § 1.]
Additional notes found at www.leg.wa.gov
Definitions.
Subversive activities made felony—Penalty.
Membership in subversive organization is felony—Penalty.
Disqualification from voting or holding public office.
Dissolution of subversive organizations—Disposition of property.
Public employment—Subversive person ineligible.
Public employment—Determining eligibility—Inquiries—
Oath.
Public employment—Inquiries may be dispensed with, when.
Membership in subversive organization described.
Communist party declared a subversive organization.
Public employees—Discharge of subversive persons—Procedure—Hearing—Appeal.
Misstatements are punishable as perjury—Penalty.
Constitutional rights—Censorship or infringement.
Anarchy and sabotage: Chapter 9.05 RCW.
Freedom of speech: State Constitution Art. 1 § 5.
Treason: State Constitution Art. 1 § 27; chapter 9.82 RCW.
9.81.010 Definitions. (1) "Organization" means an
organization, corporation, company, partnership, association,
trust, foundation, fund, club, society, committee, political
party, or any group of persons, whether or not incorporated,
permanently or temporarily associated together for joint
action or advancement of views on any subject or subjects.
(2) "Subversive organization" means any organization
which engages in or advocates, abets, advises, or teaches, or
a purpose of which is to engage in or advocate, abet, advise,
or teach activities intended to overthrow, destroy or alter, or
to assist in the overthrow, destruction or alteration of, the
constitutional form of the government of the United States, or
of the state of Washington, or of any political subdivision of
either of them, by revolution, force or violence.
9.81.010
[Title 9 RCW—page 88]
9.81.020 Subversive activities made felony—Penalty.
(1) It is a class B felony for any person knowingly and willfully to:
(a) Commit, attempt to commit, or aid in the commission
of any act intended to overthrow, destroy or alter, or to assist
in the overthrow, destruction or alteration of, the constitutional form of the government of the United States, or of the
state of Washington or any political subdivision of either of
them, by revolution, force or violence; or
(b) Advocate, abet, advise, or teach by any means any
person to commit, attempt to commit, or assist in the commission of any such act under such circumstances as to constitute
a clear and present danger to the security of the United States,
or of the state of Washington or of any political subdivision
of either of them; or
(c) Conspire with one or more persons to commit any
such act; or
(d) Assist in the formation or participate in the management or to contribute to the support of any subversive organization or foreign subversive organization knowing the organization to be a subversive organization or a foreign subversive organization; or
(e) Destroy any books, records or files, or secrete any
funds in this state of a subversive organization or a foreign
subversive organization, knowing the organization to be
such.
(2) Any person upon a plea of guilty or upon conviction
of violating any of the provisions of this section shall be fined
not more than ten thousand dollars, or imprisoned for not
9.81.020
(2010 Ed.)
Subversive Activities
more than ten years, or both, at the discretion of the court.
[2003 c 53 § 44; 1951 c 254 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.81.030 Membership in subversive organization is
felony—Penalty. It is a class C felony for any person after
June 1, 1951, to become, or after September 1, 1951, to
remain a member of a subversive organization or a foreign
subversive organization knowing the organization to be a
subversive organization or foreign subversive organization.
Any person upon a plea of guilty or upon conviction of violating this section shall be fined not more than five thousand
dollars, or imprisoned for not more than five years, or both, at
the discretion of the court. [2003 c 53 § 45; 1951 c 254 § 3.]
9.81.030
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.81.040 Disqualification from voting or holding
public office. Any person who shall be convicted or shall
plead guilty of violating any of the provisions of RCW
9.81.020 and 9.81.030, in addition to all other penalties
therein provided, shall from the date of such conviction be
barred from
(1) Holding any office, elective or appointive, or any
other position of profit or trust in, or employment by the government of the state of Washington or of any agency thereof
or of any county, municipal corporation or other political
subdivision of said state;
(2) Filing or standing for election to any public office in
the state of Washington; or
(3) Voting in any election held in this state. [1951 c 254
§ 4.]
9.81.040
9.81.050 Dissolution of subversive organizations—
Disposition of property. It shall be unlawful for any subversive organization or foreign subversive organization to exist
or function in the state of Washington and any organization
which by a court of competent jurisdiction is found to have
violated the provisions of this section shall be dissolved, and
if it be a corporation organized and existing under the laws of
the state of Washington a finding by a court of competent
jurisdiction that it has violated the provisions of this section
shall constitute legal cause for forfeiture of its charter and its
charter shall be forfeited and all funds, books, records and
files of every kind and all other property of any organization
found to have violated the provisions of this section shall be
seized by and for the state of Washington, the funds to be
deposited in the state treasury and the books, records, files
and other property to be turned over to the attorney general of
Washington. [1951 c 254 § 5.]
9.81.050
9.81.060 Public employment—Subversive person
ineligible. No subversive person, as defined in this chapter,
shall be eligible for employment in, or appointment to any
office, or any position of trust or profit in the government, or
in the administration of the business, of this state, or of any
county, municipality, or other political subdivision of this
state. [1951 c 254 § 11.]
9.81.060
(2010 Ed.)
9.81.090
9.81.070 Public employment—Determining eligibility—Inquiries—Oath. Every person and every board, commission, council, department, court or other agency of the
state of Washington or any political subdivision thereof, who
or which appoints or employs or supervises in any manner the
appointment or employment of public officials or employees
shall establish by rules, regulations or otherwise, procedures
designed to ascertain whether any person is a subversive person. In securing any facts necessary to ascertain the information herein required, the applicant shall be required to sign a
written statement containing answers to such inquiries as
may be material, which statement shall contain notice that it
is subject to the penalties of perjury. Every such person,
board, commission, council, department, court, or other
agency shall require every employee or applicant for employment to state under oath whether or not he or she is a member
of the Communist party or other subversive organization, and
refusal to answer on any grounds shall be cause for immediate termination of such employee’s employment or for
refusal to accept his or her application for employment.
[1955 c 377 § 1; 1951 c 254 § 12.]
9.81.070
Application forms, licenses—Mention of race or religion prohibited—Penalty: RCW 43.01.100.
Discrimination in employment: Chapter 49.60 RCW.
9.81.080 Public employment—Inquiries may be dispensed with, when. The inquiries prescribed in preceding
sections, other than the written statement to be executed by
an applicant for employment and the requirement set forth in
RCW 9.81.070, relative to membership in the communist
party or other subversive organization, shall not be required
as a prerequisite to the employment of any persons in any
case in which the employing authority may determine, and by
rule or regulation specify the reasons why, the nature of the
work to be performed is such that employment of such persons will not be dangerous to the health of the citizens or the
security of the governments of the United States, the state of
Washington, or any political subdivision thereof. [1955 c
377 § 2; 1951 c 254 § 13.]
9.81.080
9.81.082 Membership in subversive organization
described. For the purpose of *this act, membership in a
subversive organization shall be membership in any organization after it has been placed on the list of organizations designated by the attorney general of the United States as being
subversive pursuant to executive order No. 9835. [1955 c
377 § 3.]
9.81.082
*Reviser’s note: The term "this act" as used in RCW 9.81.082
appeared in 1955 c 377 § 3 which did not contain any language incorporating
it as part of 1951 c 254 nor as part of chapter 9.81 RCW.
9.81.083 Communist party declared a subversive
organization. The Communist party is a subversive organization within the purview of chapter 9.81 RCW and membership in the Communist party is a subversive activity thereunder. [1955 c 377 § 4.]
9.81.083
9.81.090 Public employees—Discharge of subversive
persons—Procedure—Hearing—Appeal. Reasonable
grounds on all the evidence to believe that any person is a
subversive person, as defined in this chapter, shall be cause
9.81.090
[Title 9 RCW—page 89]
9.81.110
Title 9 RCW: Crimes and Punishments
for discharge from any appointive office or other position of
profit or trust in the government of or in the administration of
the business of this state, or of any county, municipality or
other political subdivision of this state, or any agency thereof.
The attorney general and the personnel director, and the civil
service commission of any county, city or other political subdivision of this state, shall, by appropriate rules or regulations, prescribe that persons charged with being subversive
persons, as defined in this chapter, shall have the right of reasonable notice, date, time and place of hearing, opportunity to
be heard by himself and witnesses on his behalf, to be represented by counsel, to be confronted by witnesses against him,
the right to cross-examination, and such other rights which
are in accordance with the procedures prescribed by law for
the discharge of such person for other reasons. Every person
and every board, commission, council, department, or other
agency of the state of Washington or any political subdivision thereof having responsibility for the appointment,
employment or supervision of public employees not covered
by the classified service in this section referred to, shall
establish rules or procedures similar to those required herein
for classified services for a hearing for any person charged
with being a subversive person, as defined in this chapter,
after notice and opportunity to be heard. Every employing
authority discharging any person pursuant to any provision of
this chapter, shall promptly report to the special assistant
attorney general in charge of subversive activities the fact of
and the circumstances surrounding such discharge. Any person discharged under the provisions of this chapter shall have
the right within thirty days thereafter to appeal to the superior
court of the county wherein said person may reside or
wherein he may have been employed for determination by
said court as to whether or not the discharge appealed from
was justified under the provisions of this chapter. The court
shall regularly hear and determine such appeals and the decision of the superior court may be appealed to the supreme
court or the court of appeals of the state of Washington as in
civil cases. Any person appealing to the superior court may
be entitled to trial by jury if he or she so elects. [1971 c 81 §
44; 1951 c 254 § 15.]
9.81.110
9.81.110 Misstatements are punishable as perjury—
Penalty. Every written statement made pursuant to this
chapter by an applicant for appointment or employment, or
by any employee, shall be deemed to have been made under
oath if it contains a declaration preceding the signature of the
maker to the effect that it is made under the penalties of perjury. Any person who wilfully makes a material misstatement
of fact (1) in any such written statement, or (2) in any affidavit made pursuant to the provisions of this chapter, or (3)
under oath in any hearing conducted by any agency of the
state, or of any of its political subdivisions pursuant to this
chapter, or (4) in any written statement by an applicant for
appointment or employment or by an employee in any state
aid or private institution of learning in this state, intended to
determine whether or not such applicant or employee is a
subversive person as defined in this chapter, which statement
contains notice that it is subject to the penalties of perjury,
shall be subject to the penalties of perjury, as prescribed in
chapter 9.41 RCW. [1951 c 254 § 17.]
[Title 9 RCW—page 90]
9.81.120 Constitutional rights—Censorship or
infringement. Nothing in this chapter shall be construed to
authorize, require or establish any military or civilian censorship or in any way to limit or infringe upon freedom of the
press or freedom of speech or assembly within the meaning
and the manner as guaranteed by the Constitution of the
United States or of the state of Washington and no regulation
shall be promulgated hereunder having that effect. [1951 c
254 § 19.]
9.81.120
Chapter 9.82
Chapter 9.82 RCW
TREASON
Sections
9.82.010
9.82.020
9.82.030
Defined—Penalty.
Levying war.
Misprision of treason.
Anarchy and sabotage: Chapter 9.05 RCW.
Subversive activities: Chapter 9.81 RCW.
9.82.010 Defined—Penalty. (1) Treason against the
people of the state consists in—
(a) Levying war against the people of the state, or
(b) Adhering to its enemies, or
(c) Giving them aid and comfort.
(2) Treason is a class A felony and punishable by death.
(3) No person shall be convicted for treason unless upon
the testimony of two witnesses to the same overt act or by
confession in open court. [2003 c 53 § 46; 1909 c 249 § 65;
RRS § 2317.]
9.82.010
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Treason defined and evidence required: State Constitution Art. 1 § 27.
9.82.020 Levying war. To constitute levying war
against the state an actual act of war must be committed. To
conspire to levy war is not enough. When persons arise in
insurrection with intent to prevent, in general, by force and
intimidation, the execution of a statute of this state, or to
force its repeal, they shall be guilty of levying war. But an
endeavor, although by numbers and force of arms, to resist
the execution of a law in a single instance, and for a private
purpose, is not levying war. [1909 c 249 § 66; RRS § 2318.]
9.82.020
9.82.030 Misprision of treason. Every person having
knowledge of the commission of treason, who conceals the
same, and does not, as soon as may be, disclose such treason
to the governor or a justice of the supreme court or a judge of
either the court of appeals or the superior court, shall be
guilty of misprision of treason and punished by a fine of not
more than one thousand dollars, or by imprisonment in a state
correctional facility for not more than five years or in a
county jail for not more than one year. [1992 c 7 § 16; 1971
c 81 § 45; 1909 c 249 § 67; RRS § 2319.]
9.82.030
Chapter 9.86
Chapter 9.86 RCW
FLAGS, CRIMES RELATING TO
Sections
9.86.010
9.86.020
"Flag," etc., defined.
Improper use of flag prohibited.
(2010 Ed.)
Miscellaneous Crimes
9.86.030
9.86.040
Desecration of flag.
Application of provisions.
Display of flags: RCW 1.20.015.
Flag exercises in schools: RCW 28A.230.140.
State flag: RCW 1.20.010.
9.86.010 "Flag," etc., defined. The words flag, standard, color, ensign or shield, as used in this chapter, shall
include any flag, standard, color, ensign or shield, or copy,
picture or representation thereof, made of any substance or
represented or produced thereon, and of any size, evidently
purporting to be such flag, standard, color, ensign or shield of
the United States or of this state, or a copy, picture or representation thereof. [1919 c 107 § 1; RRS § 2675-1.]
9.86.010
Chapter 9.91
Chapter 9.91
Chapter 9.91 RCW
MISCELLANEOUS CRIMES
Sections
9.91.010
9.91.020
9.91.025
9.91.060
9.91.130
9.91.140
9.91.142
9.91.144
9.91.150
9.91.155
9.91.160
9.91.170
9.91.175
9.91.180
Denial of civil rights—Terms defined.
Operating railroad, steamboat, vehicle, etc., while intoxicated.
Unlawful transit conduct.
Leaving children unattended in parked automobile.
Disposal of trash in charity donation receptacle.
Food stamps—Unlawful sale.
Food stamps—Trafficking.
Food stamps—Unlawful redemption.
Tree spiking.
Tree spiking—Action for damages.
Personal protection spray devices.
Interfering with dog guide or service animal.
Interfering with search and rescue dog.
Violent video or computer games.
Accountancy practice laws, penalty: RCW 18.04.370.
9.86.020 Improper use of flag prohibited. (1) No person shall, in any manner, for exhibition or display:
(a) Place or cause to be placed any word, figure, mark,
picture, design, drawing or advertisement of any nature upon
any flag, standard, color, ensign or shield of the United States
or of this state, or authorized by any law of the United States
or of this state; or
(b) Expose to public view any such flag, standard, color,
ensign or shield upon which shall have been printed, painted
or otherwise produced, or to which shall have been attached,
appended, affixed or annexed any such word, figure, mark,
picture, design, drawing or advertisement; or
(c) Expose to public view for sale, manufacture, or otherwise, or to sell, give, or have in possession for sale, for gift
or for use for any purpose, any substance, being an article of
merchandise, or receptacle, or thing for holding or carrying
merchandise, upon or to which shall have been produced or
attached any such flag, standard, color, ensign or shield, in
order to advertise, call attention to, decorate, mark or distinguish such article or substance.
(2) A violation of this section is a gross misdemeanor.
[2003 c 53 § 47; 1919 c 107 § 2; 1909 c 249 § 423; 1901 c 154
§ 1; RRS § 2675-2.]
Aeronautics laws and rules, penalty: RCW 47.68.240.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Antitrust, consumer protection: Chapter 19.86 RCW.
9.86.020
9.86.030 Desecration of flag. (1) No person shall
knowingly cast contempt upon any flag, standard, color,
ensign or shield, as defined in RCW 9.86.010, by publicly
mutilating, defacing, defiling, burning, or trampling upon the
flag, standard, color, ensign or shield.
(2) A violation of this section is a gross misdemeanor.
[2003 c 53 § 48; 1969 ex.s. c 110 § 1; 1919 c 107 § 3; 1909 c
249 § 423; RRS § 2675-3.]
Agriculture
agricultural enabling act, penalties: RCW 15.66.210.
apple advertising laws and rules, penalty: RCW 15.24.200.
farm labor contractors, violations, penalty: RCW 19.30.150.
fertilizers, minerals, and limes, penalty: RCW 15.54.470.
honey, penalty for violation of law regulating: RCW 69.28.180,
69.28.185.
horticultural plants and certification act, prohibited acts: Chapter 15.13
RCW.
marketing act, penalties: RCW 15.66.210.
peaches, standards of grades and packs, inspections, penalty for violations: RCW 15.17.290.
soft tree fruits, penalty: RCW 15.28.270.
standards of grades and packs, penalties: Chapter 15.17 RCW.
Aircraft and airman licensing violations: RCW 14.16.060.
Airport zoning violations: RCW 14.12.210.
Alcoholic beverages, violations and penalties: Chapter 66.44 RCW.
All-terrain vehicles
additional violations, penalty: RCW 46.09.130.
operating violations, penalty: RCW 46.09.120, 46.09.190.
Amateur radio operators, special motor vehicle license plates, violation of
act: RCW 46.16.350.
Ambulances and drivers, first aid requirements, penalty: RCW 70.54.060,
70.54.065.
Animals: Title 16 RCW.
Architects licensing laws, penalty: RCW 18.08.460.
Auctioneering, county licensing laws, penalty: RCW 36.71.070.
9.86.030
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.86.040 Application of provisions. This chapter shall
not apply to any act permitted by the statutes of the United
States or of this state, or by the United States army and navy
regulations, nor shall it apply to any printed or written document or production, stationery, ornament, picture or jewelry
whereon shall be depicted said flag, standard, color, ensign or
shield with no design or words thereon and disconnected with
any advertisement. [1919 c 107 § 4; RRS § 2675-4.]
9.86.040
(2010 Ed.)
Ballots (see also Elections)
counterfeiting or unlawful possession, penalty: RCW 29A.84.540.
divulging ballot count, penalty: RCW 29A.84.730.
tampering with, penalty: RCW 29A.84.420.
unlawful printing or distribution of official ballots, penalty: RCW
29A.84.410.
Banks and trust companies
advertising legal services, penalty: RCW 30.04.260.
certification of checks, penalty for violation of regulations: RCW
30.16.010.
commission, etc., to officer or employee to procure loan prohibited, penalty: RCW 30.12.110.
companies, commingling trust property, penalty: RCW 30.04.240.
examinations, penalty for falsification: RCW 30.04.060.
false entries or statements, penalty: RCW 30.12.090.
general penalties for violation of laws concerning: RCW 30.12.190.
general penalty for violation of rules and regulations: RCW 30.04.050.
holding companies regulations, penalty: RCW 30.04.230.
loans from trust funds prohibited, penalty: RCW 30.12.120.
preferential transfers in contemplation of insolvency, penalty: RCW
30.44.110.
receiving deposits when insolvent prohibited, penalty: RCW 30.44.120.
records, destroying or secreting, penalty: RCW 30.12.100.
[Title 9 RCW—page 91]
Chapter 9.91
Title 9 RCW: Crimes and Punishments
unlawful use of words indicating, penalty: RCW 30.04.020.
Barbering licensing regulations, penalty: RCW 18.16.210.
Baseball
minors, penalty for violations concerning: RCW 67.04.150.
penalties for bribery or fraud concerning: RCW 67.04.010, 67.04.020,
67.04.050.
Beauty culture licensing laws, penalty: RCW 18.16.210.
Bicycles, bicycle paths, operation of vehicles on prohibited: RCW
35.75.020.
Bids on state purchases, interfering with: RCW 43.19.1939.
Birthing centers licensing, penalty for unlicensed operation: RCW
18.46.120.
Blind made products, false advertising: RCW 19.06.030, 19.06.040.
Boarding homes’ licensing act, violations of: Chapter 18.20 RCW.
Bodies (see Human remains)
Boilers or unfired pressure vessels, inspection certificate required, penalty:
RCW 70.79.320.
Bonds issued by state, etc., fraud of engraver, penalty: RCW 39.44.101.
Boxing, wrestling, and martial arts, penalties for violations of provisions
relating to: RCW 67.08.130, 67.08.140, 67.08.150.
Brands and marks on animals, obliteration, etc., penalty: RCW 16.57.120,
16.57.320, 16.57.360.
Building permit, issuance to person not complying with industrial insurance
payroll estimate requirement: RCW 51.12.070.
Buildings, public
doors, safety requirements, penalty: RCW 70.54.070.
earthquake standards for construction, penalty: RCW 70.86.040.
Capitol grounds traffic regulations, penalty for violations: RCW 46.08.170.
Caustic poisons act, penalty for violation: RCW 69.36.060.
Cemeteries
embalmers and funeral director laws, penalty: RCW 18.39.220.
endowment care cemeteries, penalties: RCW 68.40.085, 68.40.090.
establishment in violation of laws regulating, penalty: RCW 68.56.040.
mausoleums and columbariums, penalty for violation of construction
laws: RCW 68.28.060.
property, penalties for violations concerning: RCW 68.24.130, 68.24.140,
68.24.150, 68.24.190, 68.56.010.
Charitable trusts, penalty for violations: RCW 11.110.140.
Children (see Minors)
Chiropractic licensing laws, penalty: RCW 18.25.090.
Cities and towns
budgets in cities over 300,000, penalty for violation of regulations: RCW
35.32A.090.
cities of the first class, powers to prescribe crimes by ordinance: RCW
35.22.280.
cities of the second class, powers to prescribe penalties for violation of
ordinances: RCW 35.23.440.
city firefighters, city police, civil service provisions, penalty for violations:
RCW 41.08.210.
commission form, free services to officers and employees prohibited, penalty: RCW 35.17.150.
operation of vehicles, etc., on bicycle paths prohibited, penalty: RCW
35.75.020.
pollution of water supply, penalty: RCW 35.88.040.
towns, power to prescribe penalties for violation of ordinances: RCW
35.27.370.
unclassified cities, powers to prescribe penalties for violation of ordinances: RCW 35.30.010.
Civil defense, enforcement of orders, rules, and regulations, penalty: RCW
38.52.150.
Civil service for sheriff’s office employees, penalty: RCW 41.14.220.
Collection agency and out-of-state collection agency laws, penalty: RCW
19.16.430, 19.16.450.
Colleges
interfering by force or violence with any administrator, faculty member or
student unlawful—Penalty: RCW 28B.10.570, 28B.10.572.
[Title 9 RCW—page 92]
intimidating any administrator, faculty member or student by threat of
force or violence unlawful—Penalty: RCW 28B.10.571 and
28B.10.572.
Commercial feed law, crimes against: Chapter 15.53 RCW.
Commercial sprayers and dusters, violations, penalty: Chapter 17.21 RCW.
Commission merchants, violations, penalty: RCW 20.01.460.
Consumer protection, crimes and penalties relating to: Chapter 19.86 RCW.
Control of pet animals infested with diseases communicable to humans, violation, penalty: RCW 16.70.050.
Controlled atmosphere storage, penalty: RCW 15.30.250.
Controlled substances: Chapter 69.50 RCW.
Conveyances, fraudulent: Chapter 19.40 RCW.
Cosmetology laws, penalty: RCW 18.16.210.
Counties
budget laws, penalty for violation: RCW 36.40.240.
building codes and fire regulations, penalty for violation: RCW
36.43.040.
dog license tax violation, penalty: RCW 36.49.070.
garbage disposal regulations, penalty for violations: RCW 36.58.020.
hawkers and auctioneers, penalty for selling without license: RCW
36.71.060.
officers failing to pay over fees, penalty: RCW 36.18.170.
officers taking illegal fees, penalty: RCW 36.18.160.
parks, playgrounds, or other recreational facilities, violation of rules and
regulations adopted by county commissioners, penalty: RCW
36.68.080.
roads and bridges
general penalty for violation of provisions concerning: RCW
36.75.290.
use of oil or other material restricted, penalty: RCW 36.86.060.
trading stamp licenses, penalty: RCW 19.83.050.
violation of regulations for taking of census for classification of counties:
RCW 36.13.070.
Credit unions: Chapter 31.12 RCW.
Cruelty to animals, penalties: Chapter 16.52 RCW.
Dental hygienist licensing laws, penalties: RCW 18.29.100.
Dentistry practice laws, penalties: RCW 18.32.390, 18.32.675, 18.32.735,
18.32.745, 18.32.755.
Diking and drainage improvement districts, damaging improvements, penalty: RCW 85.08.690.
Discrimination, interference with human rights commission, penalty: RCW
49.60.310.
Diseased domestic animals, quarantine, penalty: RCW 16.36.110.
Diseases, dangerous, contagious, or infectious, penalty for violations concerning control of: RCW 70.05.120, 70.24.080, 70.54.050.
Disposal of dead animals, violations, penalty: RCW 16.68.180.
Dog law: Chapter 16.08 RCW.
Doors of buildings used by public, safety requirements, penalty: RCW
70.54.070.
Drugs: Chapters 69.41, 69.50 RCW.
Earthquake standards for construction for public buildings, penalty: RCW
70.86.040.
Elections
absentee voting law, penalty for violations: RCW 29A.84.680.
bribery or coercion of voters, penalty: RCW 29A.84.620.
canvassing of votes law, penalty for violations: RCW 29A.60.200.
counterfeiting or unlawful possession of ballots, penalty: RCW
29A.84.540.
destroying or defacing election supplies and notices, etc., penalty: RCW
29A.84.550.
divulging ballot count, penalty: RCW 29A.84.730.
exit polling: RCW 29A.84.510.
general penalty for violations: Chapter 29A.84 RCW.
influencing voters to vote or not to vote by unlawful means, penalty: RCW
29A.84.630.
initiative and referendum law, penalties for violations: RCW 29A.84.230,
29A.84.210, 29A.84.250.
officer tampering with ballots, penalty: RCW 29A.84.420.
(2010 Ed.)
Miscellaneous Crimes
printing or distributing official ballots unlawfully, penalty: RCW
29A.84.410.
recall petition law, penalties for violations: RCW 29A.84.240,
29A.84.020, 29A.84.220.
registration law violations, penalties: RCW 29A.84.110, 29A.84.130.
repeating or voting twice, penalties concerning: RCW 29A.84.650,
29A.84.655.
solicitation of bribe by voter in primary election, penalty: RCW
29A.84.640.
tampering with or delaying returns, penalty: RCW 29A.84.740.
unqualified voter voting, penalty: RCW 29A.84.660.
violations by officers generally, penalty: RCW 29A.84.720.
voting machines, penalty for tampering with: RCW 29A.84.560.
voting violations, penalty: RCW 29A.84.670.
Electrical construction, penalty: RCW 19.29.060.
Electricians and electrical installation laws, schedule of penalties—Appeal:
RCW 19.28.131.
Embalmer and funeral director laws, penalty: RCW 18.39.220.
Endowment care cemeteries, penalties for violations of laws: RCW
68.40.085, 68.40.090.
Engineer and land surveyor laws, penalty: RCW 18.43.120.
Escrow agent, unlicensed: RCW 18.44.171.
Explosives and devices regulated, penalties: Chapter 70.74 RCW.
Facsimile signatures and seals, fraud in use of: RCW 39.62.040.
Family abandonment, penalty: RCW 26.20.030.
Family nonsupport, penalty: RCW 26.20.035.
Farm labor contractors regulations, penalty: RCW 19.30.150.
Filing false or forged instruments, penalty: RCW 40.16.030.
Fire department vehicles and firefighters’ private cars lighting and identification, penalty: RCW 46.37.188.
Fire protection districts, burning permits, penalty for violation: RCW
52.12.101, 52.12.105.
Firearms in vehicle, penalty: RCW 77.15.460.
Fires, actions for spreading and kindling: RCW 4.24.040, 4.24.050.
Firewood on state lands, permit required to remove, penalty: RCW
79.15.440.
Fireworks
laws or rules, penalty: RCW 70.77.540.
unlawful acts relating to: Chapter 70.77 RCW.
Fish, shellfish, and wildlife
false or misleading information and reports, penalty: RCW 77.15.270.
trafficking in, prohibited: RCW 77.15.260.
Flood control districts, interest in contracts, penalty: RCW 86.09.286.
Food and beverage workers’ permit required, penalty: RCW 69.06.060.
Food, drugs, and cosmetics, penalties for violations of act: RCW 69.04.040,
69.04.060, 69.04.070.
Food fish and shellfish
commercial licenses and permits required—Exemption: RCW 77.65.010.
fish guards required on diversion devices, penalties, remedies for failure:
RCW 77.57.010.
fishways required over dams, etc., penalties: RCW 77.57.030.
hatchery or cultural facility to be provided if fishways impractical, penalty: RCW 77.57.050.
Forcible entry and detainer, penalty: RCW 59.12.230.
Forest products, false or forged brands, etc., penalties: RCW 76.36.110,
76.36.120.
Forest protection: Chapter 76.04 RCW.
Fraudulent conveyances: Chapter 19.40 RCW.
Gambling, civil action: RCW 4.24.070.
Game and game fish, unlawful acts: Chapter 77.50 RCW.
Gas or stink bombs, etc., prohibited, penalty: RCW 70.74.310.
Girls’ training school (see Maple Lane School)
Grain and terminal warehouses, commodity inspections, laws and regulations, penalties for violations: RCW 22.09.310, 22.09.770, 22.09.890.
Healing professions, rebating: RCW 19.68.010.
(2010 Ed.)
Chapter 9.91
Health care services, prohibited acts: Chapter 48.44 RCW.
Highways
closure violations, penalty: RCW 47.48.040.
county or city road funds, illegal use of, penalty: RCW 47.08.110.
limited access facilities, violations concerning, penalty: RCW 47.52.120.
littering with glass, debris, etc., penalty, removal: RCW 46.61.645.
permitting escape of load from vehicle: RCW 46.61.655.
pipe lines, etc., across or on highways, penalties for construction without
franchise or permit: RCW 47.44.060.
removal of native flora, etc., penalty: RCW 47.40.080.
traffic control devices violations: Chapter 47.36 RCW.
traffic signs, etc., penalty for defacing, etc.: RCW 46.61.080.
Highways and toll bridges, general penalty for violations of title: RCW
47.04.090.
Honey
penalty for violation of law regulating: RCW 69.28.180.
prohibited acts: RCW 69.28.080, 69.28.090.
Horse racing, penalty for violations of laws and regulations: RCW
67.16.060.
Hospital licensing required, penalty: RCW 70.41.170.
Hotels
fraud in obtaining accommodations, etc., penalty: RCW 19.48.110.
sanitation and safety requirements, penalty: RCW 70.62.280.
Human remains, penalties for violations concerning: RCW 68.64.150,
68.64.160.
Individuals with mental illness, private establishments for, licensing violations: RCW 71.12.460.
Industrial insurance, attorney’s fees: RCW 51.52.120, 51.52.132.
Initiative and referendum laws, penalties: RCW 29A.84.230, 29A.84.210,
29A.84.250.
Insane (see Individuals with mental illness)
Insect pest control rules, violations: RCW 17.24.100.
Insurance code
destruction or injury of property to defraud or prejudice the insurer, penalty: RCW 48.30.220.
domestic insurers
corrupt practices as to votes relative to shareholders meetings, etc.,
penalty: RCW 48.07.060.
illegal dividends or reductions, penalty: RCW 48.08.040.
impairment of capital, penalty: RCW 48.08.050.
penalty for exhibiting false account, etc.: RCW 48.06.190.
solicitation permit required, penalty: RCW 48.06.030.
false claims or proof, etc., penalty: RCW 48.30.230.
fraud and unfair practices violations: Chapter 48.30 RCW.
general penalty for violations: RCW 48.01.080.
health care services, penalty for violation: RCW 48.44.060.
illegal dealing in premiums, penalty: RCW 48.30.190.
insurance producers, title insurance agents, and adjusters, license
required: RCW 48.17.060.
insurance producers, title insurance agents, and adjusters, reporting and
accounting premiums, penalty: RCW 48.17.480.
misrepresentation in application for insurance, penalty: RCW 48.30.210.
mutual insurers, impairment of surplus, penalty: RCW 48.09.340.
political contributions, penalty: RCW 48.30.110.
premiums to be specified in the policy, penalty for violation: RCW
48.18.180.
Insurance, destruction, secretion, abandonment, etc., of property: RCW
48.30.220.
Intoxicating liquor (see Liquor control)
Ionizing radiation, prohibited acts: Chapter 70.98 RCW.
Irrigation and rehabilitation districts, violation of rules: RCW 87.84.090.
Judges or justices, addressing persons in unfit, etc., language, penalty:
RCW 42.20.110.
Labor and industries
disobeying subpoena to appear before officer, penalty: RCW 43.22.300.
hotel inspections, penalty for falsifying or hindering, etc.: RCW
70.62.280.
misuse of reports of employers, penalty: RCW 43.22.290.
refusal of entry to factory, etc., penalty: RCW 43.22.310.
[Title 9 RCW—page 93]
Chapter 9.91
Title 9 RCW: Crimes and Punishments
Labor disputes, obtaining out-of-state personnel for certain purposes: RCW
49.44.100.
transfer of property or assets due to insolvency or in contemplation of
insolvency, penalty for violation of regulation: RCW 32.24.080.
Labor laws
blacklisting prohibited, penalty: RCW 49.44.010.
bribery of labor representative, penalties: RCW 49.44.020, 49.44.030.
female and child labor, penalties for violations: RCW 26.28.070,
49.12.175.
hours of labor, penalties for violations: Chapter 49.28 RCW.
minimum wage and hours act violations, penalty: RCW 49.46.100.
obtaining labor by false recommendation, penalty: RCW 49.44.040.
prohibited practices, penalties for violations: Chapter 49.44 RCW.
prosecution, etc., for forming or joining labor union, etc., prohibited:
RCW 49.36.030.
seasonal labor, fraud by employees to secure advances, penalty: RCW
49.40.030.
underground workers safety and health, penalties: RCW 49.24.060,
49.24.380.
wage payment and collection, penalties for violations: RCW 49.48.020,
49.48.040, 49.48.060, 49.52.050, 49.52.090.
Narcotic drugs: Chapter 69.50 RCW.
Land title registration, penalties for violations: RCW 65.12.730, 65.12.740,
65.12.750, 65.12.760.
Optometry laws, penalty for violations: RCW 18.53.150.
Legislative hearings, failure of subpoenaed witness to attend or testify, etc.,
penalties: RCW 44.16.120 through 44.16.150.
Parks and recreation, violations in parks specified, penalty: RCW
79A.05.165.
Lie detector and similar tests as condition of employment—Penalty: RCW
49.44.120.
Party line telephones, refusal to yield in emergency, penalty: RCW
70.85.020, 70.85.030.
Limited access facilities (see Highways)
Patent medicine peddlers licensing, penalty for unlicensed sales: RCW
18.64.047.
Liquor control
consumption or serving in clubs, penalty: RCW 66.24.481.
penalties for violations of laws or regulations: Chapter 66.44 RCW.
purchase, attempt, by minor: RCW 66.44.280 through 66.44.292.
records of sales confidential, penalty: RCW 66.16.090.
transfer of identification card prohibited, penalties: RCW 66.20.200.
Littering, depositing glass, debris, etc., on highways, beaches, waters, penalty, removal: RCW 46.61.645.
Native flora on state lands or on land adjoining highways and parks, penalty
for removal, etc.: RCW 47.40.080.
Navigation
Pilotage Act: RCW 88.16.120, 88.16.130, 88.16.150.
violations generally: Chapter 88.08 RCW.
Nuisances, civil remedies: Chapter 7.48 RCW.
Nursing homes, penalty for unlicensed operation: RCW 18.51.150.
Occupational motor vehicle operators’ licenses, violation of restrictions:
RCW 46.20.410.
Offering false or forged instruments for filing: RCW 40.16.030.
Oil and gas conservation, general penalty for violations of laws or regulations: RCW 78.52.550.
Operation of unlicensed camper: RCW 46.16.505.
Osteopathy violations, penalties: RCW 18.57.160.
Pawnbrokers and secondhand dealers laws, penalties: RCW 19.60.066.
Peaches, standards, inspection, penalty for violations: RCW 15.17.290.
Peddlers, penalty for selling without license: RCW 36.71.060.
Persons infected with disease, exposure to others, penalty: RCW 70.54.050.
Pesticides, prohibited acts: Chapter 15.58 RCW.
Livestock—Removal from common range, duty, penalty: RCW 16.24.230.
Pharmacy licensing laws and regulations, penalties: RCW 18.64.140,
18.64.250.
Logs, transporting without county log tolerance permit: RCW 46.44.047.
Physical therapy practice regulations, penalties: RCW 18.74.090.
Maple Lane School, unauthorized entrance to grounds or enticing girls
away, etc., penalty: RCW 72.20.065.
Podiatric medicine and surgery, general penalty: RCW 18.22.220.
Marine biological preserve, penalty for violation: RCW 28B.20.320.
Pollution of water (see Water pollution)
Marriage
certificates, penalty for failure to record: RCW 26.04.110.
license requirements, penalty for violations: RCW 26.04.200, 26.04.210,
26.04.240.
Mausoleums and columbariums, penalty for violation of laws concerning
construction of: RCW 68.28.060.
Military affairs offenses defined, penalties: Chapter 38.32 RCW, RCW
38.40.040, 38.40.050, 38.40.110, 38.40.120.
Milk and milk products used for animal food, prohibited acts: Chapter 15.37
RCW.
Mining leases and contracts, disclosure of information obtained through
state’s right of entry: RCW 79.14.440.
Minors
child labor prohibited, penalty: RCW 26.28.070 (see also Labor laws).
enforcement of support for: RCW 74.20.060.
firearms: RCW 9.41.040, 9.41.042, 9.41.240.
juvenile offenders: Chapter 13.04 RCW.
procuring or possessing tobacco, penalties: RCW 26.28.080, 70.155.080.
Motor vehicles: RCW 46.63.020.
Municipal corporations
approving or paying false claim against: RCW 42.24.110.
making false claim against: RCW 42.24.100.
Municipal officers, violation of code of ethics, penalty: RCW 42.23.050.
Mutual savings banks
concealing or destroying evidence, penalty: RCW 32.04.110.
falsification of books, etc., penalty: RCW 32.04.100.
general penalty when penalty not specifically provided: RCW 32.04.130.
specific penalties of RCW 9.24.030, 9.24.040, and 9.24.050 invoked:
RCW 32.04.120.
[Title 9 RCW—page 94]
Poisons: Chapters 69.36, 69.40 RCW.
Pool tables or billiard tables or bowling alley for hire, license required, penalty: RCW 67.14.060.
Port district regulations adopted by city or county, violations, penalty: RCW
53.08.220.
Port districts, violations of rules relating to toll tunnels and bridges, penalty:
RCW 53.34.190.
Psychologists licensing and practice law, violations, penalty: RCW
18.83.180.
Public assistance
falsification of application, etc., penalty: RCW 74.08.055.
fraudulent practices: RCW 74.08.331.
records to be confidential, etc., penalty: RCW 74.04.060.
Public libraries, penalties for injuring property or retaining books: RCW
27.12.330, 27.12.340.
Public officers, misconduct, penalties: Chapter 42.20 RCW.
Public records, etc., crimes concerning, penalties: Chapter 40.16 RCW.
Public service companies
auto and transport companies, penalty for violation: RCW 81.68.080.
motor freight carriers, penalties for violations: RCW 81.80.230,
81.80.355.
passengers for hire, failure to file bond or insurance policy, penalty: RCW
46.72.100.
railroads
employee requirements, penalties for violations: Chapter 81.40 RCW.
equipment, penalties for violations: RCW 81.44.085.
operating requirements, penalties for violations: RCW 81.48.020,
81.48.060.
property damaged, sabotaged or stolen, penalties: RCW 81.60.070,
81.60.080.
(2010 Ed.)
Miscellaneous Crimes
rights-of-way and crossings, etc., penalties: RCW 81.53.210,
81.54.030.
regulatory fees, penalty: RCW 81.24.080.
securities, penalty: RCW 81.08.120.
street railways, penalties for violations: RCW 81.64.130, 81.64.150.
transfers of property, penalty: RCW 81.12.060.
violations of laws and regulations, general penalties: RCW 81.04.380,
81.04.390.
Public utilities
regulatory fees, penalty: RCW 80.24.050.
transfers of property, penalty: RCW 80.12.060.
violations of laws and regulations, general penalties: RCW 80.04.380,
80.04.390.
Public works, falsification of records, etc., penalty: RCW 39.04.110,
39.12.050.
Purchasing, state, interfering with bids: RCW 43.19.1939.
Real estate
brokers and salesperson laws, penalty: RCW 18.85.411.
mortgages, removal of property from mortgaged premises, penalty: RCW
61.12.030.
Rebating, etc., by practitioners of healing professions, penalty: RCW
19.68.010.
Recall petition laws, penalties: RCW 29A.84.240, 29A.84.020, 29A.84.220.
Recreational devices, inspection of, penalty: RCW 79A.40.020, 79A.40.040.
Referendum and initiative laws, penalties: RCW 29A.84.230, 29A.84.210,
29A.84.250.
Rules of the road: Chapter 46.61 RCW.
Savings and loan associations
advertising as without license: RCW 33.08.010.
concealing facts or destroying evidence, etc., penalty: RCW 33.36.060.
false statements concerning financial standings, penalty: RCW 33.36.050.
falsification of books, etc., penalty: RCW 33.36.040.
making prohibited loans or investments, penalty: RCW 33.36.010.
preferential transfer of property due to insolvency, penalty: RCW
33.36.030.
purchase at discount prohibited to officers, etc., penalty: RCW 33.36.020.
Schools
compulsory attendance, penalties: RCW 28A.225.090.
disclosing examination questions, penalty: RCW 28A.635.040.
disturbing meetings, penalty: RCW 28A.635.030.
failure to deliver books, etc., to successor, penalty: RCW 28A.635.070.
grafting by school officials, penalty: RCW 28A.635.050.
interfering by force or violence with any administrator, faculty member, or
student unlawful—Penalty: RCW 28B.10.570, 28B.10.572.
intimidating any administrator, faculty member or student by threat of
force or violence unlawful—Penalty: RCW 28B.10.571 and
28B.10.572.
Securities act violations, penalty: RCW 21.20.400 through 21.20.420.
Sexual psychopaths: Chapter 71.06 RCW.
Sexually transmitted diseases, penalty for violation of control of: RCW
70.24.080.
Shellfish, sanitary control, penalties for violation of law regulating: RCW
69.30.140.
Sheriff’s office employees, civil service for, penalty: RCW 41.14.220.
Ski lifts and other recreational conveyances: RCW 79A.40.040.
Snowmobile act
additional violations—Penalty: RCW 46.10.130.
operating violations, general penalty: RCW 46.10.090, 46.10.190.
Solid waste collection, unlawful acts: Chapter 81.77 RCW.
Sporting contest, fraud, penalty: RCW 67.24.010.
State bonds, fraud by engraver: RCW 39.44.101.
State employees’ retirement, falsification of statements, etc., penalty: RCW
41.40.055.
State lands
firewood removal, permit required, penalty: RCW 79.15.440.
removing flora, etc., penalty: RCW 47.40.080.
trespass, etc.: Chapter 79.02 RCW.
State treasurer, penalty for embezzlement: RCW 43.08.140.
(2010 Ed.)
Chapter 9.91
Steam boilers, safety requirements, penalty: RCW 70.54.080.
Stink or gas bombs prohibited, penalty: RCW 70.74.310.
Support of dependent children—Alternative method—1971 act: Chapter
74.20A RCW.
Swimming pools, violation of health laws and regulations: RCW 70.90.205.
Taxation
cigarette tax, penalties: RCW 82.24.100, 82.24.110.
general penalties: RCW 82.32.290.
motor vehicle fuel tax, penalties: RCW 82.36.330, 82.36.380, 82.36.390,
82.36.400.
personal property, disclosure of information unlawful: RCW 84.40.340.
property taxes
listing of property: RCW 84.40.120.
removal of property to avoid collection of, penalties: RCW 84.56.120,
84.56.200.
retail sales tax, penalties: RCW 82.08.050, 82.08.120.
use tax, penalty: RCW 82.12.040.
Teachers
abuse of a misdemeanor: RCW 28A.635.010.
retirement, falsification of statements, etc., penalty: RCW 41.32.055.
Telephones, party line, refusal to yield in emergency, penalty: RCW
70.85.020, 70.85.030.
Television reception improvement districts, penalty for false statement as to
tax exemption: RCW 36.95.190.
Tires
pneumatic, passenger car, selling or offering for sale if under prescribed
standards, penalty: RCW 46.37.423.
regrooved, selling or offering for sale if under prescribed standards, penalty: RCW 46.37.424.
selling or operating vehicle with tires not meeting standards of state
patrol, penalty: RCW 46.37.425.
Tobacco, etc., minors procuring or possessing, penalties: RCW 26.28.080,
70.155.080.
Toll facilities, operation of motor vehicle on, prohibited acts: RCW
46.61.690.
Trading stamps and premiums, penalty for violations: RCW 19.84.040.
Unclaimed Property Act, penalties for violations: RCW 63.29.340,
63.29.350.
Unemployment compensation, penalties for violations: Chapter 50.36 RCW.
Use of lists of registered voters, violations relating to, penalty: RCW
29A.08.720.
Veterinarian laws and rules, penalty: RCW 18.92.230, 18.92.240.
Vital statistics requirements, penalty for violation: RCW 70.58.280.
Vouchers, public, false certification, penalty: RCW 42.24.100.
Wages (see Labor laws)
Warehouses, grain and terminal, commodity inspections, penalties for violation: RCW 22.09.310, 22.09.340, 22.09.890.
Warehousing deposits, general penalties: Chapter 22.32 RCW.
Washington Caustic Poison Act of 1929: Chapter 69.36 RCW.
Washington Criminal Code: Title 9A RCW.
Washington fresh fruit sales limitation act, violations: RCW 15.21.060.
Washington state patrol retirement fund, falsification of records, etc., to
defraud, penalty: RCW 43.43.320.
Water pollution
control, penalty for violations: RCW 90.48.140.
drinking water pollution, etc.: Chapter 70.54 RCW.
pollution of water supply in cities and towns, penalty: RCW 35.88.040.
Weed districts, prevention of agent’s right of entry, penalty: RCW
17.04.280.
Weights and measures law and rules, penalties for violations: RCW
19.94.490 through 19.94.510.
Wills, failing to deliver, penalty: RCW 11.20.010.
Workers’ compensation, penalties for violations of regulations concerning:
Chapter 51.48 RCW, RCW 51.16.140.
X-rays, use in shoe fitting prohibited: RCW 70.98.170.
[Title 9 RCW—page 95]
9.91.010
Title 9 RCW: Crimes and Punishments
9.91.010 Denial of civil rights—Terms defined.
Terms used in this section shall have the following definitions:
(1)(a) "Every person" shall be construed to include any
owner, lessee, proprietor, manager, agent or employee
whether one or more natural persons, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees, receivers, of this state and its political
subdivisions, boards and commissions, engaged in or exercising control over the operation of any place of public resort,
accommodation, assemblage or amusement.
(b) "Deny" is hereby defined to include any act which
directly or indirectly, or by subterfuge, by a person or his
agent or employee, results or is intended or calculated to
result in whole or in part in any discrimination, distinction,
restriction, or unequal treatment, or the requiring of any person to pay a larger sum than the uniform rates charged other
persons, or the refusing or withholding from any person the
admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or amusement except for conditions
and limitations established by law and applicable alike to all
persons, regardless of race, creed or color.
(c) "Full enjoyment of" shall be construed to include the
right to purchase any service, commodity or article of personal property offered or sold on, or by, any establishment to
the public, and the admission of any person to accommodations, advantages, facilities or privileges of any place of public resort, accommodation, assemblage or amusement, without acts directly or indirectly causing persons of any particular race, creed or color, to be treated as not welcome,
accepted, desired or solicited.
(d) "Any place of public resort, accommodation, assemblage or amusement" is hereby defined to include, but not to
be limited to, any public place, licensed or unlicensed, kept
for gain, hire or reward, or where charges are made for
admission, service, occupancy or use of any property or facilities, whether conducted for the entertainment, housing or
lodging of transient guests, or for the benefit, use or accommodation of those seeking health, recreation or rest, or for the
sale of goods and merchandise, or for the rendering of personal services, or for public conveyance or transportation on
land, water or in the air, including the stations and terminals
thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or
where public amusement, entertainment, sports or recreation
of any kind is offered with or without charge, or where medical service or care is made available, or where the public
gathers, congregates, or assembles for amusement, recreation
or public purposes, or public halls, public elevators and public washrooms of buildings and structures occupied by two or
more tenants, or by the owner and one or more tenants, or any
public library or any educational institution wholly or partially supported by public funds, or schools of special instruction, or nursery schools, or day care centers or children’s
camps; nothing herein contained shall be construed to
include, or apply to, any institute, bona fide club, or place of
accommodation, which is by its nature distinctly private provided that where public use is permitted that use shall be covered by this section; nor shall anything herein contained
apply to any educational facility operated or maintained by a
9.91.010
[Title 9 RCW—page 96]
bona fide religious or sectarian institution; and the right of a
natural parent in loco parentis to direct the education and
upbringing of a child under his control is hereby affirmed.
(2) Every person who denies to any other person because
of race, creed, or color, the full enjoyment of any of the
accommodations, advantages, facilities or privileges of any
place of public resort, accommodation, assemblage, or
amusement, shall be guilty of a misdemeanor. [1953 c 87 §
1; 1909 c 249 § 434; RRS § 2686.]
Application forms, licenses—Mention of race or religion prohibited—Penalty: RCW 43.01.100.
Interference with board against discrimination: RCW 49.60.310.
9.91.020 Operating railroad, steamboat, vehicle, etc.,
while intoxicated. Every person who, being employed upon
any railway, as engineer, motorman, gripman, conductor,
switch tender, fireman, bridge tender, flagger, or signalman,
or having charge of stations, starting, regulating or running
trains upon a railway, or being employed as captain, engineer
or other officer of a vessel propelled by steam, or being the
driver of any animal or vehicle upon any public highway,
street, or other public place, is intoxicated while engaged in
the discharge of any such duties, shall be guilty of a gross
misdemeanor. [2000 c 239 § 3; 1915 c 165 § 2; 1909 c 249 §
275; RRS § 2527.]
9.91.020
Reviser’s note: Caption for 1915 c 165 § 2 reads as follows: "Section
2527 [Rem. & Bal.] Intoxication of employees." See State v. Crothers, 118
Wash. 226.
Captions not law—2000 c 239: See note following RCW 49.17.350.
Hunting while intoxicated—Penalty: RCW 77.15.675.
Operating vehicle under influence of intoxicants or drugs: RCW 46.20.285,
46.61.502.
Operating vessel in reckless manner or while under influence of alcohol or
drugs: RCW 79A.60.040.
Railroads, employees, equipment, operations: Chapters 81.40, 81.44, 81.48
RCW.
9.91.025 Unlawful transit conduct. (1) A person is
guilty of unlawful transit conduct if, while on or in a transit
vehicle or in or at a transit station, he or she knowingly:
(a) Smokes or carries a lighted or smoldering pipe, cigar,
or cigarette, unless he or she is smoking in an area designated
and authorized by the transit authority;
(b) Discards litter other than in designated receptacles;
(c) Dumps or discards, or both, any materials on or at a
transit facility including, but not limited to, hazardous substances and automotive fluids;
(d) Plays any radio, recorder, or other sound-producing
equipment, except that nothing herein prohibits the use of the
equipment when connected to earphones or an ear receiver
that limits the sound to an individual listener. The use of public address systems or music systems that are authorized by a
transit agency is permitted. The use of communications
devices by transit employees and designated contractors or
public safety officers in the line of duty is permitted, as is the
use of private communications devices used to summon,
notify, or communicate with other individuals, such as pagers
and cellular phones;
(e) Spits, expectorates, urinates, or defecates, except in
appropriate plumbing fixtures in restroom facilities;
9.91.025
(2010 Ed.)
Miscellaneous Crimes
(f) Carries any flammable liquid, explosive, acid, or
other article or material likely to cause harm to others, except
that nothing herein prevents a person from carrying a cigarette, cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise prohibited by law;
(g) Consumes an alcoholic beverage or is in possession
of an open alcoholic beverage container, unless authorized by
the transit authority and required permits have been obtained;
(h) Obstructs or impedes the flow of transit vehicles or
passenger traffic, hinders or prevents access to transit vehicles or stations, or otherwise unlawfully interferes with the
provision or use of public transportation services;
(i) Unreasonably disturbs others by engaging in loud,
raucous, unruly, harmful, or harassing behavior;
(j) Destroys, defaces, or otherwise damages property in a
transit vehicle or at a transit facility;
(k) Throws an object in a transit vehicle, at a transit facility, or at any person at a transit facility with intent to do harm;
(l) Possesses an unissued transfer or fare media or tenders an unissued transfer or fare media as proof of fare payment;
(m) Falsely claims to be a transit operator or other transit
employee or through words, actions, or the use of clothes,
insignia, or equipment resembling department-issued uniforms and equipment, creates a false impression that he or
she is a transit operator or other transit employee;
(n) Engages in gambling or any game of chance for the
winning of money or anything of value;
(o) Skates on roller skates or in-line skates, or rides in or
upon or by any means a coaster, skateboard, toy vehicle, or
any similar device. However, a person may walk while wearing skates or carry a skateboard while on or in a transit vehicle or in or at a transit station if that conduct is not otherwise
prohibited by law; or
(p) Engages in other conduct that is inconsistent with the
intended use and purpose of the transit facility, transit station,
or transit vehicle and refuses to obey the lawful commands of
an agent of the transit authority or a peace officer to cease
such conduct.
(2) For the purposes of this section:
(a) "Transit station" or "transit facility" means all passenger facilities, structures, stops, shelters, bus zones, properties, and rights-of-way of all kinds that are owned, leased,
held, or used by a transit authority for the purpose of providing public transportation services.
(b) "Transit vehicle" means any motor vehicle, street car,
train, trolley vehicle, ferry boat, or any other device, vessel,
or vehicle that is owned or operated by a transit authority or
an entity providing service on behalf of a transit authority that
is used for the purpose of carrying passengers on a regular
schedule.
(c) "Transit authority" means a city transit system under
RCW 35.58.2721 or chapter 35.95A RCW, a county transportation authority under chapter 36.57 RCW, a metropolitan
municipal corporation transit system under chapter 36.56
RCW, a public transportation benefit area under chapter
36.57A RCW, an unincorporated transportation benefit area
under RCW 36.57.100, a regional transportation authority
under chapter 81.112 RCW, or any special purpose district
formed to operate a public transportation system.
(2010 Ed.)
9.91.140
(3) Any person who violates this section is guilty of a
misdemeanor. [2009 c 279 § 3; 2004 c 118 § 1; 1994 c 45 §
4; 1992 c 77 § 1; 1984 c 167 § 1.]
Findings—Declaration—Severability—1994 c 45: See notes following RCW 7.48.140.
Drinking in public conveyance: RCW 66.44.250.
9.91.060 Leaving children unattended in parked
automobile. Every person having the care and custody,
whether temporary or permanent, of minor children under the
age of twelve years, who shall leave such children in a parked
automobile unattended by an adult while such person enters a
tavern or other premises where vinous, spirituous, or malt
liquors are dispensed for consumption on the premises shall
be guilty of a gross misdemeanor. [1999 c 143 § 9; 1951 c
270 § 17.]
9.91.060
Leaving children unattended in standing vehicle with motor running: RCW
46.61.685.
9.91.130 Disposal of trash in charity donation receptacle. (1) It is unlawful for any person to throw, drop,
deposit, discard, or otherwise dispose of any trash, including,
but not limited to items that have deteriorated to the extent
that they are no longer of monetary value or of use for the
purpose they were intended; garbage, including any organic
matter; or litter, in or around a receptacle provided by a charitable organization, as defined in RCW 19.09.020(2), for the
donation of clothing, property, or other thing of monetary
value to be used for the charitable purposes of such organization.
(2) Charitable organizations must post a clearly visible
notice on the donation receptacles warning of the existence
and content of this section and the penalties for violation of
its provisions, as well as a general identification of the items
which are appropriate to be deposited in the receptacle.
(3) Any person violating the provisions of this section
shall be guilty of a misdemeanor, and the fine for such violation shall be not less than fifty dollars for each offense.
(4) Nothing in this section shall preclude a charitable
organization which maintains the receptacle from pursuing a
civil action and seeking whatever damages were sustained by
reason of the violation of the provisions of this section. For a
second or subsequent violation of this section, such person
shall be liable for treble the amount of damages done by the
person, but in no event less than two hundred dollars, and
such damages may be recovered in a civil action before any
district court judge. [1987 c 385 § 1.]
9.91.130
Additional notes found at www.leg.wa.gov
9.91.140 Food stamps—Unlawful sale. A person who
sells food stamps obtained through the program established
under RCW 74.04.500 or food stamp benefits transferred
electronically, or food purchased therewith, is guilty of the
following:
(1) A gross misdemeanor if the value of the stamps, benefits, or food transferred exceeds one hundred dollars; or
(2) A misdemeanor if the value of the stamps, benefits,
or food transferred is one hundred dollars or less. [2003 c 53
§ 49; 1998 c 79 § 1; 1996 c 78 § 1; 1988 c 62 § 1.]
9.91.140
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
[Title 9 RCW—page 97]
9.91.142
Title 9 RCW: Crimes and Punishments
9.91.142 Food stamps—Trafficking. A person who
purchases, or who otherwise acquires and sells, or who traffics in, food stamps as defined by the federal food stamp act,
as amended, 7 U.S.C. Sec. 2011 et seq., or food stamp benefits transferred electronically, is guilty of the following:
(1) A class C felony punishable according to chapter
9A.20 RCW if the face value of the stamps or benefits
exceeds one hundred dollars; or
(2) A gross misdemeanor if the face value of the stamps
or benefits is one hundred dollars or less. [2003 c 53 § 50.]
9.91.142
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.91.144 Food stamps—Unlawful redemption. A person who, in violation of 7 U.S.C. Sec. 2024(c), obtains and
presents food stamps as defined by the federal food stamp
act, as amended, 7 U.S.C. Sec. 2011 et seq., or food stamp
benefits transferred electronically, for redemption or causes
such stamps or benefits to be presented for redemption
through the program established under RCW 74.04.500 is
guilty of a class C felony punishable according to chapter
9A.20 RCW. [2003 c 53 § 51.]
9.91.144
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
ner consistent with the authorized use of force under RCW
9A.16.020. No town, city, county, special purpose district,
quasi-municipal corporation, or other unit of government
may prohibit a person eighteen years old or older from delivering a personal protection spray device to a person authorized to possess such a device.
(3) For purposes of this section:
(a) "Personal protection spray device" means a commercially available dispensing device designed and intended for
use in self-defense and containing a nonlethal sternutator or
lacrimator agent, including but not limited to:
(i) Tear gas, the active ingredient of which is either chloracetophenone (CN) or O-chlorobenzylidene malonotrile
(CS); or
(ii) Other agent commonly known as mace, pepper mace,
or pepper gas.
(b) "Delivering" means actual, constructive, or
attempted transferring from one person to another.
(4) Nothing in this section authorizes the delivery, purchase, possession, or use of any device or chemical agent that
is otherwise prohibited by state law. [1994 sp.s. c 7 § 514.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
9.91.170 Interfering with dog guide or service animal. (1)(a) Any person who has received notice that his or
her behavior is interfering with the use of a dog guide or service animal who continues with reckless disregard to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the
dog guide or service animal user or his or her dog guide or
service animal is guilty of a misdemeanor, except as provided
in (b) of this subsection.
(b) A second or subsequent violation of this subsection is
a gross misdemeanor.
(2)(a) Any person who, with reckless disregard, allows
his or her dog to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his
or her dog guide or service animal is guilty of a misdemeanor,
except as provided in (b) of this subsection.
(b) A second or subsequent violation of this subsection is
a gross misdemeanor.
(3) Any person who, with reckless disregard, injures,
disables, or causes the death of a dog guide or service animal
is guilty of a gross misdemeanor.
(4) Any person who, with reckless disregard, allows his
or her dog to injure, disable, or cause the death of a dog guide
or service animal is guilty of a gross misdemeanor.
(5) Any person who intentionally injures, disables, or
causes the death of a dog guide or service animal is guilty of
a class C felony punishable according to chapter 9A.20
RCW.
(6) Any person who wrongfully obtains or exerts unauthorized control over a dog guide or service animal with the
intent to deprive the dog guide or service animal user of his or
her dog guide or service animal is guilty of theft in the first
degree, RCW 9A.56.030.
(7)(a) In any case in which the defendant is convicted of
a violation of this section, he or she shall also be ordered to
make full restitution for all damages, including incidental and
9.91.170
9.91.150 Tree spiking. (1) Any person who maliciously drives or places in any tree, forest material, forest
debris, or other wood material any iron, steel, ceramic, or
other substance sufficiently hard to injure saws or wood processing or manufacturing equipment, for the purpose of hindering logging or timber harvesting activities, is guilty of a
class C felony under chapter 9A.20 RCW.
(2) Any person who, with the intent to use it in a violation of subsection (1) of this section, possesses any iron,
steel, ceramic, or other substance sufficiently hard to injure
saws or wood processing or manufacturing equipment is
guilty of a gross misdemeanor under chapter 9A.20 RCW.
(3) As used in this section the terms "forest debris" and
"forest material" have the same meanings as under RCW
76.04.005. [1988 c 224 § 1.]
9.91.150
9.91.155 Tree spiking—Action for damages. Any
person who is damaged by any act prohibited in RCW
9.91.150 may bring a civil action to recover damages sustained, including a reasonable attorney’s fee. A party seeking
civil damages under this section may recover upon proof of a
violation of the provisions of RCW 9.91.150 by a preponderance of the evidence. [1988 c 224 § 2.]
9.91.155
9.91.160 Personal protection spray devices. (1) It is
unlawful for a person under eighteen years old, unless the
person is at least fourteen years old and has the permission of
a parent or guardian to do so, to purchase or possess a personal protection spray device. A violation of this subsection
is a misdemeanor.
(2) No town, city, county, special purpose district, quasimunicipal corporation or other unit of government may prohibit a person eighteen years old or older, or a person fourteen
years old or older who has the permission of a parent or
guardian to do so, from purchasing or possessing a personal
protection spray device or from using such a device in a man9.91.160
[Title 9 RCW—page 98]
(2010 Ed.)
Miscellaneous Crimes
consequential expenses incurred by the dog guide or service
animal user and the dog guide or service animal which arise
out of or are related to the criminal offense.
(b) Restitution for a conviction under this section shall
include, but is not limited to:
(i) The value of the replacement of an incapacitated or
deceased dog guide or service animal, the training of a
replacement dog guide or service animal, or retraining of the
affected dog guide or service animal and all related veterinary
and care expenses; and
(ii) Medical expenses of the dog guide or service animal
user, training of the dog guide or service animal user, and
compensation for wages or earned income lost by the dog
guide or service animal user.
(8) Nothing in this section shall affect any civil remedies
available for violation of this section.
(9) For purposes of this section, the following definitions
apply:
(a) "Dog guide" means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose
of assisting hearing impaired persons.
(b) "Service animal" means an animal that is trained for
the purposes of assisting or accommodating a disabled person’s sensory, mental, or physical disability.
(c) "Notice" means a verbal or otherwise communicated
warning prescribing the behavior of another person and a
request that the person stop their behavior.
(d) "Value" means the value to the dog guide or service
animal user and does not refer to cost or fair market value.
[2003 c 53 § 52; 2001 c 112 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Short title—2001 c 112: "This act may be known and cited as Layla’s
Law." [2001 c 112 § 1.]
9.91.175 Interfering with search and rescue dog.
(1)(a)(i) Any person who has received notice that his or her
behavior is interfering with the use of an on-duty search and
rescue dog who continues with reckless disregard to interfere
with the use of an on-duty search and rescue dog by obstructing, intimidating, or otherwise jeopardizing the safety of the
search and rescue dog user or his or her search and rescue dog
is guilty of a misdemeanor punishable according to chapter
9A.20 RCW, except when (a)(ii) of this subsection applies.
(ii) A second or subsequent violation of (a)(i) of this subsection is a gross misdemeanor punishable according to chapter 9A.20 RCW.
(b)(i) Any person who, with reckless disregard, allows
his or her dog to interfere with the use of an on-duty search
and rescue dog by obstructing, intimidating, or otherwise
jeopardizing the safety of the search and rescue dog user or
his or her search and rescue dog is guilty of a misdemeanor
punishable according to chapter 9A.20 RCW, except when
(b)(ii) of this subsection applies.
(ii) A second or subsequent violation of (b)(i) of this subsection is a gross misdemeanor punishable according to chapter 9A.20 RCW.
(2)(a) Any person who, with reckless disregard, injures,
disables, or causes the death of an on-duty search and rescue
dog is guilty of a gross misdemeanor punishable according to
chapter 9A.20 RCW.
9.91.180
(b) Any person who, with reckless disregard, allows his
or her dog to injure, disable, or cause the death of an on-duty
search and rescue dog is guilty of a gross misdemeanor punishable according to chapter 9A.20 RCW.
(3) Any person who intentionally injures, disables, or
causes the death of an on-duty search and rescue dog is guilty
of a class C felony.
(4) Any person who wrongfully obtains or exerts unauthorized control over an on-duty search and rescue dog with
the intent to deprive the dog user of his or her search and rescue dog is guilty of theft in the first degree under RCW
9A.56.030.
(5)(a) In any case in which the defendant is convicted of
a violation of this section, he or she shall also be ordered to
make full restitution for all damages, including incidental and
consequential expenses incurred by the search and rescue dog
user and the dog that arise out of, or are related to, the criminal offense.
(b) Restitution for a conviction under this section shall
include, but is not limited to:
(i) The value of the replacement of an incapacitated or
deceased dog, the training of a replacement search and rescue
dog, or retraining of the affected dog and all related veterinary and care expenses; and
(ii) Medical expenses of the search and rescue dog user,
training of the dog user, and compensation for any wages or
earned income lost by the search and rescue dog user as a
result of a violation of subsection (1), (2), (3), or (4) of this
section.
(6) Nothing in this section affects any civil remedies
available for violation of this section.
(7) For purposes of this section, "search and rescue dog"
means a dog that is trained for the purpose of search and rescue of persons lost or missing. [2005 c 212 § 1.]
9.91.175
(2010 Ed.)
9.91.180 Violent video or computer games. (1) A person who sells, rents, or permits to be sold or rented, any video
or computer game they know to be a violent video or computer game to any minor has committed a class 1 civil infraction as provided in RCW 7.80.120.
(2) "Minor" means a person under seventeen years of
age.
(3) "Person" means a retailer engaged in the business of
selling or renting video or computer games including any
individual, partnership, corporation, or association who is
subject to the tax on retailers under RCW 82.04.250.
(4) "Violent video or computer game" means a video or
computer game that contains realistic or photographic-like
depictions of aggressive conflict in which the player kills,
injures, or otherwise causes physical harm to a human form
in the game who is depicted, by dress or other recognizable
symbols, as a public law enforcement officer. [2003 c 365 §
2.]
9.91.180
Findings—2003 c 365: "The legislature finds that there has been an
increase in studies showing a correlation between exposure to violent video
and computer games and various forms of hostile and antisocial behavior.
The entertainment software industry’s ratings and content descriptors of
video and computer games reflect that some video and computer games are
suitable only for adults due to graphic depictions of sex and/or violence.
Furthermore, some video and computer games focus on violence specifically
against public law enforcement officers such as police and firefighters. The
legislature encourages retailers and parents to utilize the rating system.
[Title 9 RCW—page 99]
Chapter 9.92
Title 9 RCW: Crimes and Punishments
In addition, the legislature finds there is a compelling interest to curb
hostile and antisocial behavior in Washington’s youth and to foster respect
for public law enforcement officers." [2003 c 365 § 1.]
Chapter 9.92
Chapter 9.92 RCW
PUNISHMENT
Sections
9.92.005
9.92.010
9.92.020
9.92.030
9.92.040
9.92.060
9.92.062
9.92.064
9.92.066
9.92.070
9.92.080
9.92.090
9.92.100
9.92.110
9.92.120
9.92.130
9.92.140
9.92.151
9.92.200
9.92.900
Penalty assessments in addition to fine or bail forfeiture—
Crime victims compensation account.
Punishment of felony when not fixed by statute.
Punishment of gross misdemeanor when not fixed by statute.
Punishment of misdemeanor when not fixed by statute.
Punishment for contempt.
Suspending sentences.
Suspended sentence—Termination date—Application.
Suspended sentence—Termination date, establishment—
Modification of terms.
Termination of suspended sentence—Restoration of civil
rights—Vacation of conviction.
Payment of fine and costs in installments.
Sentence on two or more convictions or counts.
Habitual criminals.
Prevention of procreation.
Convicts protected—Forfeitures abolished.
Conviction of public officer forfeits trust.
City jail prisoners may be compelled to work.
County jail prisoners may be compelled to work.
Early release for good behavior.
Chapter not to affect dispositions under juvenile justice act.
RCW 9.92.050 through 9.92.090 inapplicable to felonies committed on or after July 1, 1984.
Court to fix maximum sentence: RCW 9.95.010.
Excessive bail or fines, cruel punishment prohibited: State Constitution Art.
1 § 14.
Juvenile offenders—Commitment: Chapter 13.04 RCW.
9.92.005 Penalty assessments in addition to fine or
bail forfeiture—Crime victims compensation account.
See RCW 7.68.035.
9.92.005
9.92.010 Punishment of felony when not fixed by
statute. Every person convicted of a felony for which no
maximum punishment is specially prescribed by any statutory provision in force at the time of conviction and sentence,
shall be punished by confinement or fine which shall not
exceed confinement in a state correctional institution for a
term of ten years, or by a fine in an amount fixed by the court
of not more than twenty thousand dollars, or by both such
confinement and fine and the offense shall be classified as a
class B felony. [1996 c 44 § 2; 1982 1st ex.s. c 47 § 5; 1909
c 249 § 13; RRS § 2265.]
9.92.010
Classification of crimes: Chapter 9A.20 RCW.
Additional notes found at www.leg.wa.gov
9.92.020 Punishment of gross misdemeanor when not
fixed by statute. Every person convicted of a gross misdemeanor for which no punishment is prescribed in any statute
in force at the time of conviction and sentence, shall be punished by imprisonment in the county jail for a maximum term
fixed by the court of not more than one year, or by a fine in an
amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine. [1982 1st ex.s.
c 47 § 6; 1909 c 249 § 15; RRS § 2267.]
9.92.020
Additional notes found at www.leg.wa.gov
[Title 9 RCW—page 100]
9.92.030 Punishment of misdemeanor when not fixed
by statute. Every person convicted of a misdemeanor for
which no punishment is prescribed by any statute in force at
the time of conviction and sentence, shall be punished by
imprisonment in the county jail for a maximum term fixed by
the court of not more than ninety days, or by a fine in an
amount fixed by the court of not more than one thousand dollars or both such imprisonment and fine. [1982 1st ex.s. c 47
§ 7; 1909 c 249 § 14; Code 1881 § 785; RRS § 2266.]
9.92.030
Additional notes found at www.leg.wa.gov
9.92.040 Punishment for contempt. A criminal act
which at the same time constitutes contempt of court, and has
been punished as such, may also be punished as a crime, but
in such case the punishment for contempt may be considered
in mitigation. [1909 c 249 § 21; RRS § 2273.]
9.92.040
Contempt: Chapter 7.21 RCW.
9.92.060 Suspending sentences. (1) Whenever any
person is convicted of any crime except murder, burglary in
the first degree, arson in the first degree, robbery, rape of a
child, or rape, the superior court may, in its discretion, at the
time of imposing sentence upon such person, direct that such
sentence be stayed and suspended until otherwise ordered by
the superior court, and that the sentenced person be placed
under the charge of a community corrections officer
employed by the department of corrections, or if the county
elects to assume responsibility for the supervision of all superior court misdemeanant probationers a probation officer
employed or contracted for by the county, upon such terms as
the superior court may determine.
(2) As a condition to suspension of sentence, the superior
court shall require the payment of the penalty assessment
required by RCW 7.68.035. In addition, the superior court
may require the convicted person to make such monetary
payments, on such terms as the superior court deems appropriate under the circumstances, as are necessary: (a) To comply with any order of the court for the payment of family support; (b) to make restitution to any person or persons who
may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads
guilty to a lesser offense or fewer offenses and agrees with
the prosecutor’s recommendation that the offender be
required to pay restitution to a victim of an offense or
offenses which are not prosecuted pursuant to a plea agreement; (c) to pay any fine imposed and not suspended and the
court or other costs incurred in the prosecution of the case,
including reimbursement of the state for costs of extradition
if return to this state by extradition was required; and (d) to
contribute to a county or interlocal drug fund.
(3) As a condition of the suspended sentence, the superior court may order the probationer to report to the secretary
of corrections or such officer as the secretary may designate
and as a condition of the probation to follow the instructions
of the secretary. If the county legislative authority has
elected to assume responsibility for the supervision of superior court misdemeanant probationers within its jurisdiction,
the superior court misdemeanant probationer shall report to a
probation officer employed or contracted for by the county.
In cases where a superior court misdemeanant probationer is
9.92.060
(2010 Ed.)
Punishment
sentenced in one county, but resides within another county,
there must be provisions for the probationer to report to the
agency having supervision responsibility for the probationer’s county of residence.
(4) If restitution to the victim has been ordered under
subsection (2)(b) of this section and the superior court has
ordered supervision, the officer supervising the probationer
shall make a reasonable effort to ascertain whether restitution
has been made as ordered. If the superior court has ordered
supervision and restitution has not been made, the officer
shall inform the prosecutor of that violation of the terms of
the suspended sentence not less than three months prior to the
termination of the suspended sentence.
(5) The provisions of RCW 9.94A.501 apply to sentences imposed under this section. [2005 c 362 § 2; 1996 c
298 § 5; 1995 1st sp.s. c 19 § 30; 1987 c 202 § 142; 1982 1st
ex.s. c 47 § 8; 1982 1st ex.s. c 8 § 4; 1979 c 29 § 1; 1967 c 200
§ 7; 1957 c 227 § 1; 1949 c 76 § 1; 1921 c 69 § 1; 1909 c 249
§ 28; 1905 c 24 § 1; Rem. Supp. 1949 § 2280.]
Effective date—2005 c 362: See note following RCW 9.94A.501.
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
Intent—1987 c 202: See note following RCW 2.04.190.
Intent—Reports—1982 1st ex.s. c 8: See note following RCW
7.68.035.
Probation: RCW 9.95.200 through 9.95.250.
Probation and parole services, provision by counties: RCW 36.01.070.
Restitution
alternative to fine: RCW 9A.20.030.
condition of probation: RCW 9.95.210.
disposition when victim not found or dead: RCW 7.68.290.
9.92.080
or 9.95.210, such person may apply to the court for restoration of his or her civil rights not already restored by RCW
29A.08.520. Thereupon the court may in its discretion enter
an order directing that such defendant shall thereafter be
released from all penalties and disabilities resulting from the
offense or crime of which he or she has been convicted.
(2)(a) Upon termination of a suspended sentence under
RCW 9.92.060 or 9.95.210, the person may apply to the sentencing court for a vacation of the person’s record of conviction under RCW 9.94A.640. The court may, in its discretion,
clear the record of conviction if it finds the person has met the
equivalent of the tests in RCW 9.94A.640(2) as those tests
would be applied to a person convicted of a crime committed
before July 1, 1984.
(b) The clerk of the court in which the vacation order is
entered shall immediately transmit the order vacating the
conviction to the Washington state patrol identification section and to the local police agency, if any, which holds criminal history information for the person who is the subject of
the conviction. The Washington state patrol and any such
local police agency shall immediately update their records to
reflect the vacation of the conviction, and shall transmit the
order vacating the conviction to the federal bureau of investigation. A conviction that has been vacated under this section
may not be disseminated or disclosed by the state patrol or
local law enforcement agency to any person, except other
criminal justice enforcement agencies. [2009 c 325 § 2; 2003
c 66 § 2; 1971 ex.s. c 188 § 3.]
Additional notes found at www.leg.wa.gov
9.92.070 Payment of fine and costs in installments.
Hereafter whenever any judge of any superior court or a district or municipal judge shall sentence any person to pay any
fine and costs, the judge may, in the judge’s discretion, provide that such fine and costs may be paid in certain designated installments, or within certain designated period or
periods; and if such fine and costs shall be paid by the defendant in accordance with such order no commitment or imprisonment of the defendant shall be made for failure to pay such
fine or costs. PROVIDED, that the provisions of this section
shall not apply to any sentence given for the violation of any
of the liquor laws of this state. [1987 c 3 § 4; 1923 c 15 § 1;
RRS § 2280-1.]
9.92.070
Additional notes found at www.leg.wa.gov
9.92.062 Suspended sentence—Termination date—
Application. In all cases prior to August 9, 1971 wherein the
execution of sentence has been suspended pursuant to RCW
9.92.060, such person may apply to the court by which he
was convicted and sentenced to establish a definite termination date for the suspended sentence. The court shall set a
date no later than the time the original sentence would have
elapsed and may provide for an earlier termination of the suspended sentence. [1971 ex.s. c 188 § 1.]
9.92.062
Additional notes found at www.leg.wa.gov
9.92.064 Suspended sentence—Termination date,
establishment—Modification of terms. In the case of a
person granted a suspended sentence under the provisions of
RCW 9.92.060, the court shall establish a definite termination date for the suspended sentence. The court shall set a
date no later than the time the original sentence would have
elapsed and may provide for an earlier termination of the suspended sentence. Prior to the entry of an order formally terminating a suspended sentence the court may modify the
terms and conditions of the suspension or extend the period
of the suspended sentence. [1982 1st ex.s. c 47 § 9; 1971
ex.s. c 188 § 2.]
9.92.064
Additional notes found at www.leg.wa.gov
9.92.066 Termination of suspended sentence—Restoration of civil rights—Vacation of conviction. (1) Upon
termination of any suspended sentence under RCW 9.92.060
9.92.066
(2010 Ed.)
Collection and disposition of fines and costs: Chapter 10.82 RCW.
Payment of fine and costs in installments: RCW 10.01.170.
Additional notes found at www.leg.wa.gov
9.92.080 Sentence on two or more convictions or
counts. (1) Whenever a person while under sentence of felony shall commit another felony and be sentenced to another
term of imprisonment, such latter term shall not begin until
the expiration of all prior terms: PROVIDED, That any person granted probation pursuant to the provisions of RCW
9.95.210 and/or 9.92.060 shall not be considered to be under
sentence of a felony for the purposes of this subsection.
(2) Whenever a person is convicted of two or more
offenses which arise from a single act or omission, the sentences imposed therefor shall run concurrently, unless the
court, in pronouncing sentence, expressly orders the service
of said sentences to be consecutive.
9.92.080
[Title 9 RCW—page 101]
9.92.090
Title 9 RCW: Crimes and Punishments
(3) In all other cases, whenever a person is convicted of
two or more offenses arising from separate and distinct acts
or omissions, and not otherwise governed by the provisions
of subsections (1) and (2) of this section, the sentences
imposed therefor shall run consecutively, unless the court, in
pronouncing the second or other subsequent sentences,
expressly orders concurrent service thereof.
(4) The sentencing court may require the secretary of
corrections, or his designee, to provide information to the
court concerning the existence of all prior judgments against
the defendant, the terms of imprisonment imposed, and the
status thereof. [1981 c 136 § 35; 1971 ex.s. c 295 § 1; 1925
ex.s. c 109 § 2; 1909 c 249 § 33; RRS § 2285.]
Additional notes found at www.leg.wa.gov
9.92.090 Habitual criminals. Every person convicted
in this state of any crime of which fraud or intent to defraud
is an element, or of petit larceny, or of any felony, who shall
previously have been convicted, whether in this state or elsewhere, of any crime which under the laws of this state would
amount to a felony, or who shall previously have been twice
convicted, whether in this state or elsewhere, of petit larceny,
or of any misdemeanor or gross misdemeanor of which fraud
or intent to defraud is an element, shall be adjudged to be an
habitual criminal and shall be punished by imprisonment in a
state correctional facility for not less than ten years.
Every person convicted in this state of any crime of
which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who shall previously have been twice
convicted, whether in this state or elsewhere, of any crime
which under the laws of this state would amount to a felony,
or who shall previously have been four times convicted,
whether in this state or elsewhere, of petit larceny, or of any
misdemeanor or gross misdemeanor of which fraud or intent
to defraud is an element, shall be punished by imprisonment
in a state correctional facility for life. [1992 c 7 § 18; 1909 c
249 § 34; 1903 c 86 §§ 1, 2; RRS § 2286.]
9.92.090
Additional notes found at www.leg.wa.gov
9.92.100 Prevention of procreation. Whenever any
person shall be adjudged guilty of carnal abuse of a female
person under the age of ten years, or of rape, or shall be
adjudged to be an habitual criminal, the court may, in addition to such other punishment or confinement as may be
imposed, direct an operation to be performed upon such person, for the prevention of procreation. [1909 c 249 § 35; RRS
§ 2287.]
9.92.100
9.92.110 Convicts protected—Forfeitures abolished.
Every person sentenced to imprisonment in any penal institution shall be under the protection of the law, and any unauthorized injury to his person shall be punished in the same manner as if he were not so convicted or sentenced. A conviction
of crime shall not work a forfeiture of any property, real or
personal, or of any right or interest therein. All forfeitures in
the nature of deodands, or in case of suicide or where a person flees from justice, are abolished. [1909 c 249 § 36; RRS
§ 2288.]
9.92.110
Inheritance rights of slayers or abusers: Chapter 11.84 RCW.
[Title 9 RCW—page 102]
9.92.120 Conviction of public officer forfeits trust.
The conviction of a public officer of any felony or malfeasance in office shall entail, in addition to such other penalty
as may be imposed, the forfeiture of his office, and shall disqualify him from ever afterward holding any public office in
this state. [1909 c 249 § 37; RRS § 2289.]
9.92.120
Forfeiture or impeachment, rights preserved: RCW 42.04.040.
Misconduct of public officers: Chapter 42.20 RCW.
Vacancy of public office, causes: RCW 42.12.010.
9.92.130 City jail prisoners may be compelled to
work. When a person has been sentenced by any municipal
or district judge in this state to a term of imprisonment in a
city jail, whether in default of payment of a fine or otherwise,
such person may be compelled on each day of such term,
except Sundays, to perform eight hours’ labor upon the
streets, public buildings, and grounds of such city. [1987 c
202 § 144; Code 1881 § 2075; RRS § 10189.]
9.92.130
Intent—1987 c 202: See note following RCW 2.04.190.
9.92.140 County jail prisoners may be compelled to
work. When a person has been sentenced by a district judge
or a judge of the superior court to a term of imprisonment in
the county jail, whether in default of payment of a fine, or
costs or otherwise; such person may be compelled to work
eight hours, each day of such term, in and about the county
buildings, public roads, streets and grounds: PROVIDED,
This section and RCW 9.92.130 shall not apply to persons
committed in default of bail. [1987 c 202 § 145; Code 1881
§ 2076; 1867 p 56 § 24; 1858 p 10 § 1; RRS § 10190.]
9.92.140
Intent—1987 c 202: See note following RCW 2.04.190.
Employment of prisoners: RCW 36.28.100.
Working out fine: Chapter 10.82 RCW.
9.92.151 Early release for good behavior. (1) Except
as provided in subsection (2) of this section, the sentence of a
prisoner confined in a county jail facility for a felony, gross
misdemeanor, or misdemeanor conviction may be reduced by
earned release credits in accordance with procedures that
shall be developed and promulgated by the correctional
agency having jurisdiction. The earned early release time
shall be for good behavior and good performance as determined by the correctional agency having jurisdiction. Any
program established pursuant to this section shall allow an
offender to earn early release credits for presentence incarceration. The correctional agency shall not credit the
offender with earned early release credits in advance of the
offender actually earning the credits. In the case of an
offender convicted of a serious violent offense or a sex
offense that is a class A felony committed on or after July 1,
1990, the aggregate earned early release time may not exceed
fifteen percent of the sentence. In no other case may the
aggregate earned early release time exceed one-third of the
total sentence.
(2) An offender serving a term of confinement imposed
under RCW 9.94A.670(5)(a) is not eligible for earned release
credits under this section. [2009 c 28 § 3; 2004 c 176 § 5;
1990 c 3 § 201; 1989 c 248 § 1.]
9.92.151
Effective date—2009 c 28: See note following RCW 2.24.040.
(2010 Ed.)
Prisoners—Correctional Institutions
Severability—Effective date—2004 c 176: See notes following RCW
9.94A.515.
Additional notes found at www.leg.wa.gov
9.92.200 Chapter not to affect dispositions under
juvenile justice act. No provision of this chapter shall
authorize a court to suspend or defer the imposition or the
execution of a disposition under chapter 13.40 RCW, as now
law or hereafter amended. [1981 c 299 § 21.]
9.92.200
9.92.900 RCW *9.92.050 through 9.92.090 inapplicable to felonies committed on or after July 1, 1984. The following sections of law do not apply to any felony offense
committed on or after July 1, 1984: RCW *9.92.050,
9.92.060, 9.92.062, 9.92.064, 9.92.066, 9.92.070, 9.92.080,
and 9.92.090. [1984 c 209 § 2; 1981 c 137 § 31.]
9.92.900
*Reviser’s note: RCW 9.92.050 was repealed by 1992 c 7 § 64.
Additional notes found at www.leg.wa.gov
Chapter 9.94 RCW
PRISONERS—CORRECTIONAL INSTITUTIONS
Chapter 9.94
Sections
9.94.010
9.94.030
9.94.040
9.94.041
9.94.043
9.94.045
9.94.047
9.94.049
9.94.050
9.94.070
Prison riot—Penalty.
Holding person hostage—Interference with officer’s duties.
Weapons—Possession, etc., by prisoner prohibited—Penalty.
Narcotic drugs, controlled substances—Possession, etc., by
prisoners—Penalty.
Deadly weapons—Possession on premises by person not a
prisoner—Penalty.
Narcotic drugs or controlled substances—Possession by person not a prisoner—Penalty.
Posting of perimeter of premises of institutions covered by
RCW 9.94.040 through 9.94.049.
"Correctional institution" and "state correctional institution"
defined.
Correctional employees.
Persistent prison misbehavior.
Convict-made goods, restriction on sale of: Chapter 72.60 RCW.
Obstructing governmental operation: Chapter 9A.76 RCW.
State institutions: Title 72 RCW.
9.94.010 Prison riot—Penalty. (1) Whenever two or
more inmates of a correctional institution assemble for any
purpose, and act in such a manner as to disturb the good order
of the institution and contrary to the commands of the officers
of the institution, by the use of force or violence, or the threat
thereof, and whether acting in concert or not, they shall be
guilty of prison riot.
(2) Every inmate of a correctional institution who is
guilty of prison riot or of voluntarily participating therein by
being present at, or by instigating, aiding, or abetting the
same, is guilty of a class B felony and shall be punished by
imprisonment in a state correctional institution for not less
than one year nor more than ten years, which shall be in addition to the sentence being served. [2003 c 53 § 53; 1995 c
314 § 1; 1955 c 241 § 1.]
9.94.041
prevent, or participate in preventing an officer of such institution from carrying out his or her duties, by force or violence,
or the threat thereof, he or she shall be guilty of a class B felony and upon conviction shall be punished by imprisonment
in a state correctional institution for not less than one year nor
more than ten years. [2003 c 53 § 54; 1995 c 314 § 3; 1992 c
7 § 20; 1957 c 112 § 1; 1955 c 241 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Interfering with public officer: Chapter 9A.76 RCW.
Kidnapping: Chapter 9A.40 RCW.
9.94.040
9.94.040 Weapons—Possession, etc., by prisoner
prohibited—Penalty. (1) Every person serving a sentence
in any state correctional institution who, without legal authorization, while in the institution or while being conveyed to or
from the institution, or while under the custody or supervision of institution officials, officers, or employees, or while
on any premises subject to the control of the institution,
knowingly possesses or carries upon his or her person or has
under his or her control any weapon, firearm, or any instrument which, if used, could produce serious bodily injury to
the person of another, is guilty of a class B felony.
(2) Every person confined in a county or local correctional institution who, without legal authorization, while in
the institution or while being conveyed to or from the institution, or while under the custody or supervision of institution
officials, officers, or employees, or while on any premises
subject to the control of the institution, knowingly possesses
or has under his or her control any weapon, firearm, or any
instrument that, if used, could produce serious bodily injury
to the person of another, is guilty of a class C felony.
(3) The sentence imposed under this section shall be in
addition to any sentence being served. [2005 c 361 § 1; 1995
c 314 § 4; 1979 c 121 § 1; 1977 ex.s. c 43 § 1; 1975-’76 2nd
ex.s. c 38 § 18. Prior: 1955 c 241 § 4.]
Additional notes found at www.leg.wa.gov
9.94.010
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9.94.030 Holding person hostage—Interference with
officer’s duties. Whenever any inmate of a correctional
institution shall hold, or participate in holding, any person as
a hostage, by force or violence, or the threat thereof, or shall
9.94.030
(2010 Ed.)
9.94.041
9.94.041 Narcotic drugs, controlled substances—
Possession, etc., by prisoners—Penalty. (1) Every person
serving a sentence in any state correctional institution who,
without legal authorization, while in the institution or while
being conveyed to or from the institution, or while under the
custody or supervision of institution officials, officers, or
employees, or while on any premises subject to the control of
the institution, knowingly possesses or carries upon his or her
person or has under his or her control any narcotic drug or
controlled substance as defined in chapter 69.50 RCW is
guilty of a class C felony.
(2) Every person confined in a county or local correctional institution who, without legal authorization, while in
the institution or while being conveyed to or from the institution, or while under the custody or supervision of institution
officials, officers, or employees, or while on any premises
subject to the control of the institution, knowingly possesses
or has under his or her control any narcotic drug or controlled
substance, as defined in chapter 69.50 RCW, is guilty of a
class C felony.
[Title 9 RCW—page 103]
9.94.043
Title 9 RCW: Crimes and Punishments
(3) The sentence imposed under this section shall be in
addition to any sentence being served. [1995 c 314 § 5; 1979
c 121 § 2.]
9.94.043
9.94.043 Deadly weapons—Possession on premises
by person not a prisoner—Penalty. A person, other than a
person serving a sentence in a penal institution of this state, is
guilty of possession of contraband on the premises of a state
correctional institution in the first degree if, without authorization to do so, the person knowingly possesses or has under
his or her control a deadly weapon on or in the buildings or
adjacent grounds subject to the care, control, or supervision
of a state correctional institution. Deadly weapon is used as
defined in RCW 9A.04.110: PROVIDED, That such correctional buildings, grounds, or property are properly posted
pursuant to RCW 9.94.047, and such person has knowingly
entered thereon: PROVIDED FURTHER, That the provisions of this section do not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the correctional
institution premises, proceeds directly along an access road to
the administration building and promptly checks his or her
firearm(s) with the appropriate authorities. The person may
reclaim his or her firearm(s) upon leaving, but he or she must
immediately and directly depart from the premises.
Possession of contraband on the premises of a state correctional institution in the first degree is a class B felony.
[1979 c 121 § 3.]
9.94.045
9.94.045 Narcotic drugs or controlled substances—
Possession by person not a prisoner—Penalty. A person,
other than a person serving a sentence in a penal institution of
this state, is guilty of possession of contraband on the premises of a state correctional institution in the second degree
if, without authorization to do so, the person knowingly possesses or has under his or her control any narcotic drug or
controlled substance, as defined in chapter 69.50 RCW, on or
in the buildings, grounds, or any other real property subject to
the care, control, or supervision of a state correctional institution.
Possession of contraband on the premises of a state correctional institution in the second degree is a class C felony.
[1979 c 121 § 4.]
(2) For the purposes of RCW 9.94.043 and 9.94.045,
"state correctional institution" means all state correctional
facilities under the supervision of the secretary of the department of corrections used solely for the purpose of confinement of convicted felons. [1995 c 314 § 6; 1992 c 7 § 21;
1985 c 350 § 3; 1979 c 121 § 6.]
9.94.050 Correctional employees. Any correctional
employee, while acting in the supervision and transportation
of prisoners, and in the apprehension of prisoners who have
escaped, shall have the powers and duties of a peace officer.
[1992 c 7 § 22; 1955 c 241 § 5.]
9.94.050
9.94.070 Persistent prison misbehavior. (1) An
inmate of a state correctional institution who is serving a sentence for an offense committed on or after August 1, 1995,
commits the crime of persistent prison misbehavior if the
inmate knowingly commits a serious infraction, that does not
constitute a class A or class B felony, after losing all potential
earned early release time credit.
(2) "Serious infraction" means misconduct that has been
designated as a serious infraction by department of corrections rules adopted under RCW 72.09.130.
(3) "State correctional institution" has the same meaning
as in RCW 9.94.049.
(4) The crime of persistent prison misbehavior is a class
C felony punishable as provided in RCW 9A.20.021. The
sentence imposed for this crime must be served consecutive
to any sentence being served at the time the crime is committed. [1995 c 385 § 1.]
9.94.070
Chapter 9.94A
Chapter 9.94A RCW
SENTENCING REFORM ACT OF 1981
Sections
9.94A.010
9.94A.015
9.94A.020
9.94A.030
9.94A.035
9.94A.171
9.94A.190
9.94A.340
9.94A.345
Purpose.
Finding—Intent—2000 c 28.
Short title.
Definitions.
Classification of felonies not in Title 9A RCW.
Tolling of term of confinement, supervision.
Terms of more than one year or less than one year—Where
served—Reimbursement of costs.
Equal application.
Timing.
PROSECUTORIAL STANDARDS
9.94.047
9.94.047 Posting of perimeter of premises of institutions covered by RCW 9.94.040 through 9.94.049. The
perimeter of the premises of correctional institutions covered
by RCW 9.94.040 through 9.94.049 shall be posted at reasonable intervals to alert the public as to the existence of RCW
9.94.040 through 9.94.049. [1979 c 121 § 5.]
9.94A.401
9.94A.411
9.94A.421
9.94A.431
9.94A.441
9.94A.450
9.94A.460
9.94A.470
9.94A.475
9.94.049
9.94.049 "Correctional institution" and "state correctional institution" defined. (1) For the purposes of this
chapter, the term "correctional institution" means any place
designated by law for the keeping of persons held in custody
under process of law, or under lawful arrest, including state
prisons, county and local jails, and other facilities operated
by the department of corrections or local governmental units
primarily for the purposes of punishment, correction, or rehabilitation following conviction of a criminal offense.
[Title 9 RCW—page 104]
9.94A.480
Introduction.
Evidentiary sufficiency.
Plea agreements—Discussions—Contents of agreements.
Plea agreements—Information to court—Approval or disapproval—Sentencing judge not bound.
Plea agreements—Criminal history.
Plea dispositions.
Sentence recommendations.
Armed offenders.
Plea agreements and sentences for certain offenders—Public
records.
Judicial records for sentences of certain offenders.
SENTENCING
9.94A.500
9.94A.501
9.94A.505
9.94A.507
9.94A.510
9.94A.515
Sentencing hearing—Presentencing procedures—Disclosure
of mental health services information.
Department must supervise specified offenders—Risk
assessment of felony offenders.
Sentences.
Sentencing of sex offenders.
Table 1—Sentencing grid.
Table 2—Crimes included within each seriousness level.
(2010 Ed.)
Sentencing Reform Act of 1981
9.94A.517
9.94A.518
9.94A.520
9.94A.525
9.94A.530
9.94A.533
9.94A.535
9.94A.537
9.94A.540
9.94A.550
9.94A.555
9.94A.561
9.94A.562
9.94A.565
9.94A.570
9.94A.575
9.94A.580
9.94A.585
9.94A.589
9.94A.595
9.94A.599
9.94A.603
9.94A.607
9.94A.631
9.94A.633
9.94A.6331
9.94A.6332
9.94A.6333
9.94A.637
9.94A.640
Table 3—Drug offense sentencing grid.
Table 4—Drug offenses seriousness level.
Offense seriousness level.
Offender score.
Standard sentence range.
Adjustments to standard sentences.
Departures from the guidelines.
Aggravating circumstances—Sentences above standard
range.
Mandatory minimum terms.
Fines.
Findings and intent—1994 c 1.
Offender notification and warning.
Court-ordered treatment—Required notices.
Governor’s powers.
Persistent offenders.
Power to defer or suspend sentences abolished—Exceptions.
Specialized training.
Which sentences appealable—Procedure—Grounds for
reversal—Written opinions.
Consecutive or concurrent sentences.
Anticipatory offenses.
Presumptive ranges that exceed the statutory maximum.
Felony alcohol violators—Treatment during incarceration—
Conditions.
Chemical dependency.
Violation of condition or requirement of sentence—Security
searches authorized—Arrest by community corrections
officer—Confinement in county jail.
Violation of condition or requirement—Offender charged
with new offense—Sanctions—Procedures.
Sanctions—Where served.
Sanctions—Which entity imposes.
Sanctions—Modification of sentence—Noncompliance
hearing.
Discharge upon completion of sentence—Certificate of discharge—Issuance, effect of no-contact order—Obligations, counseling after discharge.
Vacation of offender’s record of conviction.
SENTENCING ALTERNATIVES
9.94A.650
9.94A.655
9.94A.6551
9.94A.660
9.94A.662
9.94A.664
9.94A.670
9.94A.680
9.94A.685
9.94A.690
First-time offender waiver.
Parenting sentencing alternative.
Partial confinement as a part of a parenting program.
Drug offender sentencing alternative—Prison-based or residential alternative.
Prison-based drug offender sentencing alternative.
Residential chemical dependency treatment-based alternative.
Special sex offender sentencing alternative.
Alternatives to total confinement.
Alien offenders.
Work ethic camp program—Eligibility—Sentencing.
SUPERVISION OF OFFENDERS IN THE COMMUNITY
9.94A.701
9.94A.702
9.94A.703
9.94A.704
9.94A.706
9.94A.707
9.94A.708
9.94A.709
9.94A.714
9.94A.716
9.94A.722
9.94A.723
9.94A.725
9.94A.728
9.94A.7281
9.94A.729
9.94A.731
9.94A.734
9.94A.737
9.94A.740
(2010 Ed.)
Community custody—Offenders sentenced to the custody of
the department.
Community custody—Offenders sentenced for one year or
less.
Community custody—Conditions.
Community custody—Supervision by the department—Conditions.
Community custody—Possession of firearms or ammunition
prohibited.
Community custody—Commencement—Conditions.
Community custody—Mental health information—Access
by department.
Community custody—Sex offenders—Conditions.
Community custody—Violations—Immunity from civil liability for placing offenders on electronic monitoring.
Community custody—Violations—Arrest.
Court-ordered treatment—Required disclosures.
Court-ordered treatment—Offender’s failure to inform.
Offender work crews.
Release prior to expiration of sentence.
Legislative declaration—Earned release time not an entitlement.
Earned release time—Risk assessments.
Term of partial confinement, work release, home detention.
Home detention—Conditions.
Community custody—Violations—Hearing—Sanctions.
Community custody violators—Arrest, detention, financial
responsibility.
Chapter 9.94A
9.94A.745
9.94A.74501
9.94A.74502
9.94A.74503
Interstate compact for adult offender supervision.
State council.
Compact administrator.
Other compacts and agreements—Withdrawal from current
compact.
9.94A.74504 Supervision of transferred offenders—Processing transfer
applications.
9.94A.74505 Review of obligations under compact—Report to legislature.
RESTITUTION AND LEGAL FINANCIAL OBLIGATIONS
9.94A.750
9.94A.753
9.94A.760
9.94A.7601
9.94A.7602
9.94A.7603
9.94A.7604
9.94A.7605
9.94A.7606
9.94A.7607
9.94A.7608
9.94A.7609
9.94A.761
9.94A.7701
9.94A.7702
9.94A.7703
9.94A.7704
9.94A.7705
9.94A.7706
9.94A.7707
9.94A.7708
9.94A.7709
9.94A.772
9.94A.775
9.94A.777
Restitution.
Restitution—Application dates.
Legal financial obligations.
"Earnings," "disposable earnings," and "obligee" defined.
Legal financial obligation—Notice of payroll deduction—
Issuance and content.
Legal financial obligations—Payroll deductions—Maximum
amounts withheld, apportionment.
Legal financial obligations—Notice of payroll deduction—
Employer or entity rights and responsibilities.
Motion to quash, modify, or terminate payroll deduction—
Grounds for relief.
Legal financial obligations—Order to withhold and deliver—
Issuance and contents.
Legal financial obligations—Order to withhold and deliver—
Duties and rights of person or entity served.
Legal financial obligations—Financial institutions—Service
on main office or branch, effect—Collection actions
against community bank account, court hearing.
Legal financial obligations—Notice of debt—Service or
mailing—Contents—Action on, when.
Legal financial obligations—Exemption from notice of payroll deduction or order to withhold and deliver.
Legal financial obligations—Wage assignments—Petition or
motion.
Legal financial obligations—Wage assignments—Answer.
Legal financial obligations—Wage assignments—Amounts
to be withheld.
Legal financial obligations—Wage assignments—Rules.
Legal financial obligations—Wage assignments—Employer
responsibilities.
Legal financial obligations—Wage assignments—Form and
rules.
Legal financial obligations—Wage assignments—Service.
Legal financial obligations—Wage assignments—Hearing—
Scope of relief.
Legal financial obligations—Wage assignments—Recovery
of costs, attorneys’ fees.
Legal financial obligations—Monthly payment, starting
dates—Construction.
Legal financial obligations—Termination of supervision—
Monitoring of payments.
Legal financial obligations—Defendants with mental health
conditions.
SEX OFFENDER TREATMENT
9.94A.780
9.94A.810
9.94A.820
Offender supervision assessments.
Transition and relapse prevention strategies.
Sex offender treatment in the community.
SPECIAL ALLEGATIONS
9.94A.825
9.94A.827
9.94A.829
9.94A.831
9.94A.833
9.94A.834
9.94A.835
9.94A.836
9.94A.837
9.94A.838
9.94A.839
Deadly weapon special verdict—Definition.
Methamphetamine—Manufacturing with child on premises—Special allegation.
Special allegation—Offense committed by criminal street
gang member or associate—Procedures.
Special allegation—Assault of law enforcement personnel
with a firearm—Procedures.
Special allegation—Involving minor in felony offense—Procedures.
Special allegation—Endangerment by eluding a police vehicle—Procedures.
Special allegation—Sexual motivation—Procedures.
Special allegation—Offense was predatory—Procedures.
Special allegation—Victim was under fifteen years of age—
Procedures.
Special allegation—Victim had diminished capacity—Procedures.
Special allegation—Sexual conduct with victim in return for
a fee—Procedures.
[Title 9 RCW—page 105]
9.94A.010
Title 9 RCW: Crimes and Punishments
SEX OFFENDERS
9.94A.840
9.94A.843
9.94A.844
9.94A.8445
9.94A.846
Sex offenders—Release from total confinement—Notification of prosecutor.
Sex offenders—Release of information—Immunity.
Sex offenders—Discretionary decisions—Immunity.
Community protection zones—Preemption of local regulations—Retrospective application.
Sex offenders—Release of information.
SENTENCING GUIDELINES COMMISSION
9.94A.850
9.94A.855
9.94A.860
9.94A.863
9.94A.865
9.94A.8671
9.94A.8672
9.94A.8673
9.94A.8674
9.94A.8675
9.94A.8676
9.94A.8677
9.94A.8678
Sentencing guidelines commission—Established—Powers
and duties.
Sentencing guidelines commission—Research staff—Data,
information, assistance—Bylaws—Salary of executive
officer.
Sentencing guidelines commission—Membership—
Appointments—Terms of office—Expenses and compensation.
Monetary threshold amounts of property crimes—Review—
Report.
Standard sentence ranges—Revisions or modifications—
Submission to legislature.
Sex offender policy board—Findings—Intent.
Sex offender policy board—Establishment.
Sex offender policy board—Membership.
Sex offender policy board—Terms—Vacancies.
Sex offender policy board—Authority.
Sex offender policy board—Duties.
Sex offender policy board—Travel expenses.
Sex offender policy board—Meeting attendance—Member
replacement.
CLEMENCY, INMATE POPULATION
9.94A.870
9.94A.875
9.94A.880
9.94A.885
9.94A.890
Emergency due to inmate population exceeding correctional
facility capacity.
Emergency in county jails population exceeding capacity.
Clemency and pardons board—Membership—Terms—
Chairman—Bylaws—Travel expenses—Staff.
Clemency and pardons board—Petitions for review—Hearing.
Abused victim—Resentencing for murder of abuser.
MISCELLANEOUS
9.94A.905
9.94A.910
9.94A.920
9.94A.921
9.94A.922
9.94A.923
9.94A.924
9.94A.925
9.94A.926
9.94A.930
Effective date of RCW 9.94A.080 through 9.94A.130,
9.94A.150 through 9.94A.230, 9.94A.250, 9.94A.260—
Sentences apply to felonies committed after June 30, 1984.
Severability—1981 c 137.
Headings and captions not law—2000 c 28.
Effective date—2000 c 28.
Severability—2000 c 28.
Nonentitlement.
Severability—2002 c 290.
Application—2003 c 379 §§ 13-27.
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
Recodification.
Juvenile disposition standards commission—Functions transferred to sentencing guidelines commission: RCW 13.40.005.
9.94A.010 Purpose. The purpose of this chapter is to
make the criminal justice system accountable to the public by
developing a system for the sentencing of felony offenders
which structures, but does not eliminate, discretionary decisions affecting sentences, and to:
(1) Ensure that the punishment for a criminal offense is
proportionate to the seriousness of the offense and the
offender’s criminal history;
(2) Promote respect for the law by providing punishment
which is just;
(3) Be commensurate with the punishment imposed on
others committing similar offenses;
(4) Protect the public;
(5) Offer the offender an opportunity to improve him or
herself;
9.94A.010
[Title 9 RCW—page 106]
(6) Make frugal use of the state’s and local governments’
resources; and
(7) Reduce the risk of reoffending by offenders in the
community. [1999 c 196 § 1; 1981 c 137 § 1.]
Report on Sentencing Reform Act of 1981: "The legislative budget
committee shall prepare a report to be filed at the beginning of the 1987 session of the legislature. The report shall include a complete assessment of the
impact of the Sentencing Reform Act of 1981. Such report shall include the
effectiveness of the guidelines and impact on prison and jail populations and
community correction programs." [1983 c 163 § 6.]
Additional notes found at www.leg.wa.gov
9.94A.015 Finding—Intent—2000 c 28. The sentencing reform act has been amended many times since its enactment in 1981. While each amendment promoted a valid public purpose, some sections of the act have become unduly
lengthy and repetitive. The legislature finds that it is appropriate to adopt clarifying amendments to make the act easier
to use and understand.
The legislature does not intend chapter 28, Laws of 2000
to make, and no provision of chapter 28, Laws of 2000 shall
be construed as making, a substantive change in the sentencing reform act.
The legislature does intend to clarify that persistent
offenders are not eligible for extraordinary medical placement. [2000 c 28 § 1.]
9.94A.015
Technical correction bill—2000 c 28: "If any amendments to RCW
9.94A.120, or any sections enacted or affected by chapter 28, Laws of 2000,
are enacted in a 2000 legislative session that do not take cognizance of chapter 28, Laws of 2000, the code reviser shall prepare a bill for introduction in
the 2001 legislative session that incorporates any such amendments into the
reorganization adopted by chapter 28, Laws of 2000 and corrects any incorrect cross-references." [2000 c 28 § 45.]
9.94A.020 Short title. This chapter may be known and
cited as the sentencing reform act of 1981. [1981 c 137 § 2.]
9.94A.020
9.94A.030 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the indeterminate sentence review
board created under chapter 9.95 RCW.
(2) "Collect," or any derivative thereof, "collect and
remit," or "collect and deliver," when used with reference to
the department, means that the department, either directly or
through a collection agreement authorized by RCW
9.94A.760, is responsible for monitoring and enforcing the
offender’s sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment
to the superior court clerk without depositing it in a departmental account.
(3) "Commission" means the sentencing guidelines commission.
(4) "Community corrections officer" means an employee
of the department who is responsible for carrying out specific
duties in supervision of sentenced offenders and monitoring
of sentence conditions.
(5) "Community custody" means that portion of an
offender’s sentence of confinement in lieu of earned release
time or imposed as part of a sentence under this chapter and
9.94A.030
(2010 Ed.)
Sentencing Reform Act of 1981
served in the community subject to controls placed on the
offender’s movement and activities by the department.
(6) "Community protection zone" means the area within
eight hundred eighty feet of the facilities and grounds of a
public or private school.
(7) "Community restitution" means compulsory service,
without compensation, performed for the benefit of the community by the offender.
(8) "Confinement" means total or partial confinement.
(9) "Conviction" means an adjudication of guilt pursuant
to Title 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.
(10) "Crime-related prohibition" means an order of a
court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an
offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with
the order of a court may be required by the department.
(11) "Criminal history" means the list of a defendant’s
prior convictions and juvenile adjudications, whether in this
state, in federal court, or elsewhere.
(a) The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the
defendant has been incarcerated and the length of incarceration.
(b) A conviction may be removed from a defendant’s
criminal history only if it is vacated pursuant to RCW
9.96.060, 9.94A.640, 9.95.240, or a similar out-of-state statute, or if the conviction has been vacated pursuant to a governor’s pardon.
(c) The determination of a defendant’s criminal history is
distinct from the determination of an offender score. A prior
conviction that was not included in an offender score calculated pursuant to a former version of the sentencing reform
act remains part of the defendant’s criminal history.
(12) "Criminal street gang" means any ongoing organization, association, or group of three or more persons,
whether formal or informal, having a common name or common identifying sign or symbol, having as one of its primary
activities the commission of criminal acts, and whose members or associates individually or collectively engage in or
have engaged in a pattern of criminal street gang activity.
This definition does not apply to employees engaged in concerted activities for their mutual aid and protection, or to the
activities of labor and bona fide nonprofit organizations or
their members or agents.
(13) "Criminal street gang associate or member" means
any person who actively participates in any criminal street
gang and who intentionally promotes, furthers, or assists in
any criminal act by the criminal street gang.
(14) "Criminal street gang-related offense" means any
felony or misdemeanor offense, whether in this state or elsewhere, that is committed for the benefit of, at the direction of,
or in association with any criminal street gang, or is committed with the intent to promote, further, or assist in any criminal conduct by the gang, or is committed for one or more of
the following reasons:
(2010 Ed.)
9.94A.030
(a) To gain admission, prestige, or promotion within the
gang;
(b) To increase or maintain the gang’s size, membership,
prestige, dominance, or control in any geographical area;
(c) To exact revenge or retribution for the gang or any
member of the gang;
(d) To obstruct justice, or intimidate or eliminate any
witness against the gang or any member of the gang;
(e) To directly or indirectly cause any benefit, aggrandizement, gain, profit, or other advantage for the gang, its
reputation, influence, or membership; or
(f) To provide the gang with any advantage in, or any
control or dominance over any criminal market sector,
including, but not limited to, manufacturing, delivering, or
selling any controlled substance (chapter 69.50 RCW); arson
(chapter 9A.48 RCW); trafficking in stolen property (chapter
9A.82 RCW); promoting prostitution (chapter 9A.88 RCW);
human trafficking (RCW 9A.40.100); or promoting pornography (chapter 9.68 RCW).
(15) "Day fine" means a fine imposed by the sentencing
court that equals the difference between the offender’s net
daily income and the reasonable obligations that the offender
has for the support of the offender and any dependents.
(16) "Day reporting" means a program of enhanced
supervision designed to monitor the offender’s daily activities and compliance with sentence conditions, and in which
the offender is required to report daily to a specific location
designated by the department or the sentencing court.
(17) "Department" means the department of corrections.
(18) "Determinate sentence" means a sentence that states
with exactitude the number of actual years, months, or days
of total confinement, of partial confinement, of community
custody, the number of actual hours or days of community
restitution work, or dollars or terms of a legal financial obligation. The fact that an offender through earned release can
reduce the actual period of confinement shall not affect the
classification of the sentence as a determinate sentence.
(19) "Disposable earnings" means that part of the earnings of an offender remaining after the deduction from those
earnings of any amount required by law to be withheld. For
the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise,
and, notwithstanding any other provision of law making the
payments exempt from garnishment, attachment, or other
process to satisfy a court-ordered legal financial obligation,
specifically includes periodic payments pursuant to pension
or retirement programs, or insurance policies of any type, but
does not include payments made under Title 50 RCW, except
as provided in RCW 50.40.020 and 50.40.050, or Title 74
RCW.
(20) "Domestic violence" has the same meaning as
defined in RCW 10.99.020 and 26.50.010.
(21) "Drug offender sentencing alternative" is a sentencing option available to persons convicted of a felony offense
other than a violent offense or a sex offense and who are eligible for the option under RCW 9.94A.660.
(22) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except
possession of a controlled substance (RCW 69.50.4013) or
[Title 9 RCW—page 107]
9.94A.030
Title 9 RCW: Crimes and Punishments
forged prescription for a controlled substance (RCW
69.50.403);
(b) Any offense defined as a felony under federal law
that relates to the possession, manufacture, distribution, or
transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under
the laws of this state would be a felony classified as a drug
offense under (a) of this subsection.
(23) "Earned release" means earned release from confinement as provided in RCW 9.94A.728.
(24) "Escape" means:
(a) Sexually violent predator escape (RCW 9A.76.115),
escape in the first degree (RCW 9A.76.110), escape in the
second degree (RCW 9A.76.120), willful failure to return
from furlough (*RCW 72.66.060), willful failure to return
from work release (*RCW 72.65.070), or willful failure to be
available for supervision by the department while in community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified
as an escape under (a) of this subsection.
(25) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular
assault (RCW 46.61.522), eluding a police officer (RCW
46.61.024), felony hit-and-run injury-accident (RCW
46.52.020(4)), felony driving while under the influence of
intoxicating liquor or any drug (RCW 46.61.502(6)), or felony physical control of a vehicle while under the influence of
intoxicating liquor or any drug (RCW 46.61.504(6)); or
(b) Any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified
as a felony traffic offense under (a) of this subsection.
(26) "Fine" means a specific sum of money ordered by
the sentencing court to be paid by the offender to the court
over a specific period of time.
(27) "First-time offender" means any person who has no
prior convictions for a felony and is eligible for the first-time
offender waiver under RCW 9.94A.650.
(28) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.
(29) "Legal financial obligation" means a sum of money
that is ordered by a superior court of the state of Washington
for legal financial obligations which may include restitution
to the victim, statutorily imposed crime victims’ compensation fees as assessed pursuant to RCW 7.68.035, court costs,
county or interlocal drug funds, court-appointed attorneys’
fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony
conviction. Upon conviction for vehicular assault while
under the influence of intoxicating liquor or any drug, RCW
46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW
46.61.520(1)(a), legal financial obligations may also include
payment to a public agency of the expense of an emergency
response to the incident resulting in the conviction, subject to
RCW 38.52.430.
(30) "Minor child" means a biological or adopted child
of the offender who is under age eighteen at the time of the
offender’s current offense.
[Title 9 RCW—page 108]
(31) "Most serious offense" means any of the following
felonies or a felony attempt to commit any of the following
felonies:
(a) Any felony defined under any law as a class A felony
or criminal solicitation of or criminal conspiracy to commit a
class A felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child under age
fourteen;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Robbery in the second degree;
(p) Sexual exploitation;
(q) Vehicular assault, when caused by the operation or
driving of a vehicle by a person while under the influence of
intoxicating liquor or any drug or by the operation or driving
of a vehicle in a reckless manner;
(r) Vehicular homicide, when proximately caused by the
driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW
46.61.502, or by the operation of any vehicle in a reckless
manner;
(s) Any other class B felony offense with a finding of
sexual motivation;
(t) Any other felony with a deadly weapon verdict under
RCW 9.94A.825;
(u) Any felony offense in effect at any time prior to
December 2, 1993, that is comparable to a most serious
offense under this subsection, or any federal or out-of-state
conviction for an offense that under the laws of this state
would be a felony classified as a most serious offense under
this subsection;
(v)(i) A prior conviction for indecent liberties under
**RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of
1975 1st ex. sess. as it existed until July 1, 1979, RCW
9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979,
until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d)
as it existed from June 11, 1986, until July 1, 1988;
(ii) A prior conviction for indecent liberties under RCW
9A.44.100(1)(c) as it existed from June 11, 1986, until July 1,
1988, if: (A) The crime was committed against a child under
the age of fourteen; or (B) the relationship between the victim
and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1,
1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e)
as it existed from July 25, 1993, through July 27, 1997;
(w) Any out-of-state conviction for a felony offense with
a finding of sexual motivation if the minimum sentence
imposed was ten years or more; provided that the out-of-state
felony offense must be comparable to a felony offense under
Title 9 or 9A RCW and the out-of-state definition of sexual
(2010 Ed.)
Sentencing Reform Act of 1981
motivation must be comparable to the definition of sexual
motivation contained in this section.
(32) "Nonviolent offense" means an offense which is not
a violent offense.
(33) "Offender" means a person who has committed a
felony established by state law and is eighteen years of age or
older or is less than eighteen years of age but whose case is
under superior court jurisdiction under RCW 13.04.030 or
has been transferred by the appropriate juvenile court to a
criminal court pursuant to RCW 13.40.110. In addition, for
the purpose of community custody requirements under this
chapter, "offender" also means a misdemeanor or gross misdemeanor probationer convicted of an offense included in
RCW 9.94A.501(1) and ordered by a superior court to probation under the supervision of the department pursuant to
RCW 9.92.060, 9.95.204, or 9.95.210. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.
(34) "Partial confinement" means confinement for no
more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by
the court or home detention has been ordered by the department as part of the parenting program, in an approved residence, for a substantial portion of each day with the balance
of the day spent in the community. Partial confinement
includes work release, home detention, work crew, and a
combination of work crew and home detention.
(35) "Pattern of criminal street gang activity" means:
(a) The commission, attempt, conspiracy, or solicitation
of, or any prior juvenile adjudication of or adult conviction
of, two or more of the following criminal street gang-related
offenses:
(i) Any "serious violent" felony offense as defined in this
section, excluding Homicide by Abuse (RCW 9A.32.055)
and Assault of a Child 1 (RCW 9A.36.120);
(ii) Any "violent" offense as defined by this section,
excluding Assault of a Child 2 (RCW 9A.36.130);
(iii) Deliver or Possession with Intent to Deliver a Controlled Substance (chapter 69.50 RCW);
(iv) Any violation of the firearms and dangerous weapon
act (chapter 9.41 RCW);
(v) Theft of a Firearm (RCW 9A.56.300);
(vi) Possession of a Stolen Firearm (RCW 9A.56.310);
(vii) Malicious Harassment (RCW 9A.36.080);
(viii) Harassment where a subsequent violation or deadly
threat is made (RCW 9A.46.020(2)(b));
(ix) Criminal Gang Intimidation (RCW 9A.46.120);
(x) Any felony conviction by a person eighteen years of
age or older with a special finding of involving a juvenile in
a felony offense under RCW 9.94A.833;
(xi) Residential Burglary (RCW 9A.52.025);
(xii) Burglary 2 (RCW 9A.52.030);
(xiii) Malicious Mischief 1 (RCW 9A.48.070);
(xiv) Malicious Mischief 2 (RCW 9A.48.080);
(xv) Theft of a Motor Vehicle (RCW 9A.56.065);
(xvi) Possession of a Stolen Motor Vehicle (RCW
9A.56.068);
(xvii) Taking a Motor Vehicle Without Permission 1
(RCW 9A.56.070);
(2010 Ed.)
9.94A.030
(xviii) Taking a Motor Vehicle Without Permission 2
(RCW 9A.56.075);
(xix) Extortion 1 (RCW 9A.56.120);
(xx) Extortion 2 (RCW 9A.56.130);
(xxi) Intimidating a Witness (RCW 9A.72.110);
(xxii) Tampering with a Witness (RCW 9A.72.120);
(xxiii) Reckless Endangerment (RCW 9A.36.050);
(xxiv) Coercion (RCW 9A.36.070);
(xxv) Harassment (RCW 9A.46.020); or
(xxvi) Malicious Mischief 3 (RCW 9A.48.090);
(b) That at least one of the offenses listed in (a) of this
subsection shall have occurred after July 1, 2008;
(c) That the most recent committed offense listed in (a)
of this subsection occurred within three years of a prior
offense listed in (a) of this subsection; and
(d) Of the offenses that were committed in (a) of this
subsection, the offenses occurred on separate occasions or
were committed by two or more persons.
(36) "Persistent offender" is an offender who:
(a)(i) Has been convicted in this state of any felony considered a most serious offense; and
(ii) Has, before the commission of the offense under (a)
of this subsection, been convicted as an offender on at least
two separate occasions, whether in this state or elsewhere, of
felonies that under the laws of this state would be considered
most serious offenses and would be included in the offender
score under RCW 9.94A.525; provided that of the two or
more previous convictions, at least one conviction must have
occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or
(b)(i) Has been convicted of: (A) Rape in the first
degree, rape of a child in the first degree, child molestation in
the first degree, rape in the second degree, rape of a child in
the second degree, or indecent liberties by forcible compulsion; (B) any of the following offenses with a finding of sexual motivation: Murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first
degree, kidnapping in the second degree, assault in the first
degree, assault in the second degree, assault of a child in the
first degree, assault of a child in the second degree, or burglary in the first degree; or (C) an attempt to commit any
crime listed in this subsection (36)(b)(i); and
(ii) Has, before the commission of the offense under
(b)(i) of this subsection, been convicted as an offender on at
least one occasion, whether in this state or elsewhere, of an
offense listed in (b)(i) of this subsection or any federal or outof-state offense or offense under prior Washington law that is
comparable to the offenses listed in (b)(i) of this subsection.
A conviction for rape of a child in the first degree constitutes
a conviction under (b)(i) of this subsection only when the
offender was sixteen years of age or older when the offender
committed the offense. A conviction for rape of a child in the
second degree constitutes a conviction under (b)(i) of this
subsection only when the offender was eighteen years of age
or older when the offender committed the offense.
(37) "Predatory" means: (a) The perpetrator of the crime
was a stranger to the victim, as defined in this section; (b) the
perpetrator established or promoted a relationship with the
victim prior to the offense and the victimization of the victim
was a significant reason the perpetrator established or pro[Title 9 RCW—page 109]
9.94A.030
Title 9 RCW: Crimes and Punishments
moted the relationship; or (c) the perpetrator was: (i) A
teacher, counselor, volunteer, or other person in authority in
any public or private school and the victim was a student of
the school under his or her authority or supervision. For purposes of this subsection, "school" does not include homebased instruction as defined in RCW 28A.225.010; (ii) a
coach, trainer, volunteer, or other person in authority in any
recreational activity and the victim was a participant in the
activity under his or her authority or supervision; (iii) a pastor, elder, volunteer, or other person in authority in any
church or religious organization, and the victim was a member or participant of the organization under his or her authority; or (iv) a teacher, counselor, volunteer, or other person in
authority providing home-based instruction and the victim
was a student receiving home-based instruction while under
his or her authority or supervision. For purposes of this subsection: (A) "Home-based instruction" has the same meaning
as defined in RCW 28A.225.010; and (B) "teacher, counselor, volunteer, or other person in authority" does not include
the parent or legal guardian of the victim.
(38) "Private school" means a school regulated under
chapter 28A.195 or 28A.205 RCW.
(39) "Public school" has the same meaning as in RCW
28A.150.010.
(40) "Repetitive domestic violence offense" means any:
(a)(i) Domestic violence assault that is not a felony
offense under RCW 9A.36.041;
(ii) Domestic violence violation of a no-contact order
under chapter 10.99 RCW that is not a felony offense;
(iii) Domestic violence violation of a protection order
under chapter 26.09, 26.10, 26.26, or 26.50 RCW that is not
a felony offense;
(iv) Domestic violence harassment offense under RCW
9A.46.020 that is not a felony offense; or
(v) Domestic violence stalking offense under RCW
9A.46.110 that is not a felony offense; or
(b) Any federal, out-of-state, tribal court, military,
county, or municipal conviction for an offense that under the
laws of this state would be classified as a repetitive domestic
violence offense under (a) of this subsection.
(41) "Restitution" means a specific sum of money
ordered by the sentencing court to be paid by the offender to
the court over a specified period of time as payment of damages. The sum may include both public and private costs.
(42) "Risk assessment" means the application of the risk
instrument recommended to the department by the Washington state institute for public policy as having the highest
degree of predictive accuracy for assessing an offender’s risk
of reoffense.
(43) "Serious traffic offense" means:
(a) Nonfelony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), nonfelony
actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving
(RCW 46.61.500), or hit-and-run an attended vehicle (RCW
46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would
be classified as a serious traffic offense under (a) of this subsection.
[Title 9 RCW—page 110]
(44) "Serious violent offense" is a subcategory of violent
offense and means:
(a)(i) Murder in the first degree;
(ii) Homicide by abuse;
(iii) Murder in the second degree;
(iv) Manslaughter in the first degree;
(v) Assault in the first degree;
(vi) Kidnapping in the first degree;
(vii) Rape in the first degree;
(viii) Assault of a child in the first degree; or
(ix) An attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified
as a serious violent offense under (a) of this subsection.
(45) "Sex offense" means:
(a)(i) A felony that is a violation of chapter 9A.44 RCW
other than RCW 9A.44.132;
(ii) A violation of RCW 9A.64.020;
(iii) A felony that is a violation of chapter 9.68A RCW
other than RCW 9.68A.080;
(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to
commit such crimes; or
(v) A felony violation of RCW 9A.44.132(1) (failure to
register) if the person has been convicted of violating RCW
9A.44.132(1) (failure to register) on at least one prior occasion;
(b) Any conviction for a felony offense in effect at any
time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;
(c) A felony with a finding of sexual motivation under
RCW 9.94A.835 or 13.40.135; or
(d) Any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified
as a sex offense under (a) of this subsection.
(46) "Sexual motivation" means that one of the purposes
for which the defendant committed the crime was for the purpose of his or her sexual gratification.
(47) "Standard sentence range" means the sentencing
court’s discretionary range in imposing a nonappealable sentence.
(48) "Statutory maximum sentence" means the maximum length of time for which an offender may be confined as
punishment for a crime as prescribed in chapter 9A.20 RCW,
RCW 9.92.010, the statute defining the crime, or other statute
defining the maximum penalty for a crime.
(49) "Stranger" means that the victim did not know the
offender twenty-four hours before the offense.
(50) "Total confinement" means confinement inside the
physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW
72.64.050 and 72.64.060.
(51) "Transition training" means written and verbal
instructions and assistance provided by the department to the
offender during the two weeks prior to the offender’s successful completion of the work ethic camp program. The
transition training shall include instructions in the offender’s
requirements and obligations during the offender’s period of
community custody.
(2010 Ed.)
Sentencing Reform Act of 1981
(52) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person
or property as a direct result of the crime charged.
(53) "Violent offense" means:
(a) Any of the following felonies:
(i) Any felony defined under any law as a class A felony
or an attempt to commit a class A felony;
(ii) Criminal solicitation of or criminal conspiracy to
commit a class A felony;
(iii) Manslaughter in the first degree;
(iv) Manslaughter in the second degree;
(v) Indecent liberties if committed by forcible compulsion;
(vi) Kidnapping in the second degree;
(vii) Arson in the second degree;
(viii) Assault in the second degree;
(ix) Assault of a child in the second degree;
(x) Extortion in the first degree;
(xi) Robbery in the second degree;
(xii) Drive-by shooting;
(xiii) Vehicular assault, when caused by the operation or
driving of a vehicle by a person while under the influence of
intoxicating liquor or any drug or by the operation or driving
of a vehicle in a reckless manner; and
(xiv) Vehicular homicide, when proximately caused by
the driving of any vehicle by any person while under the
influence of intoxicating liquor or any drug as defined by
RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(b) Any conviction for a felony offense in effect at any
time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified
as a violent offense under (a) or (b) of this subsection.
(54) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of
the community that complies with RCW 9.94A.725.
(55) "Work ethic camp" means an alternative incarceration program as provided in RCW 9.94A.690 designed to
reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of realworld job and vocational experiences, character-building
work ethics training, life management skills development,
substance abuse rehabilitation, counseling, literacy training,
and basic adult education.
(56) "Work release" means a program of partial confinement available to offenders who are employed or engaged as
a student in a regular course of study at school. [2010 c 274
§ 401; 2010 c 267 § 9; 2010 c 227 § 11; 2010 c 224 § 1; 2009
c 375 § 4; (2009 c 375 § 3 expired August 1, 2009); 2009 c 28
§ 4. Prior: 2008 c 276 § 309; 2008 c 231 § 23; 2008 c 230 §
2; 2008 c 7 § 1; prior: 2006 c 139 § 5; (2006 c 139 § 4 expired
July 1, 2006); 2006 c 124 § 1; 2006 c 122 § 7; (2006 c 122 §
6 expired July 1, 2006); 2006 c 73 § 5; 2005 c 436 § 1; 2003
c 53 § 55; prior: 2002 c 175 § 5; 2002 c 107 § 2; prior: 2001
2nd sp.s. c 12 § 301; 2001 c 300 § 3; 2001 c 7 § 2; prior: 2001
c 287 § 4; 2001 c 95 § 1; 2000 c 28 § 2; 1999 c 352 § 8; 1999
c 197 § 1; 1999 c 196 § 2; 1998 c 290 § 3; prior: 1997 c 365
§ 1; 1997 c 340 § 4; 1997 c 339 § 1; 1997 c 338 § 2; 1997 c
144 § 1; 1997 c 70 § 1; prior: 1996 c 289 § 1; 1996 c 275 §
(2010 Ed.)
9.94A.030
5; prior: 1995 c 268 § 2; 1995 c 108 § 1; 1995 c 101 § 2; 1994
c 261 § 16; prior: 1994 c 1 § 3 (Initiative Measure No. 593,
approved November 2, 1993); 1993 c 338 § 2; 1993 c 251 §
4; 1993 c 164 § 1; prior: 1992 c 145 § 6; 1992 c 75 § 1; prior:
1991 c 348 § 4; 1991 c 290 § 3; 1991 c 181 § 1; 1991 c 32 §
1; 1990 c 3 § 602; prior: 1989 c 394 § 1; 1989 c 252 § 2;
prior: 1988 c 157 § 1; 1988 c 154 § 2; 1988 c 153 § 1; 1988
c 145 § 11; prior: 1987 c 458 § 1; 1987 c 456 § 1; 1987 c 187
§ 3; 1986 c 257 § 17; 1985 c 346 § 5; 1984 c 209 § 3; 1983 c
164 § 9; 1983 c 163 § 1; 1982 c 192 § 1; 1981 c 137 § 3.]
Reviser’s note: *(1) RCW 72.66.060 and 72.65.070 were repealed by
2001 c 264 § 7. Cf. 2001 c 264 § 8.
**(2) RCW 9A.88.100 was recodified as RCW 9A.44.100 pursuant to
1979 ex.s. c 244 § 17.
(3) This section was amended by 2010 c 224 § 1, 2010 c 227 § 11, 2010
c 267 § 9, and by 2010 c 274 § 401, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—2010 c 274: See note following RCW 10.31.100.
Application—2010 c 267: See note following RCW 9A.44.128.
Expiration date—2009 c 375 §§ 1, 3, and 13: See note following
RCW 9.94A.501.
Application—2009 c 375: See note following RCW 9.94A.501.
Effective date—2009 c 28: See note following RCW 2.24.040.
Severability—Part headings, subheadings not law—2008 c 276: See
notes following RCW 36.28A.200.
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Delayed effective date—2008 c 230 §§ 1-3: See note following RCW
9A.44.130.
Short title—2008 c 7: "This act may be known and cited as the Chelsea
Harrison act." [2008 c 7 § 2.]
Effective date—2006 c 139 § 5: "Section 5 of this act takes effect July
1, 2006." [2006 c 139 § 7.]
Expiration date—2006 c 139 § 4: "Section 4 of this act expires July 1,
2006." [2006 c 139 § 6.]
Effective date—2006 c 124: "Except for section 2 of this act, this act
takes effect July 1, 2006." [2006 c 124 § 5.]
Effective date—2006 c 122 §§ 5 and 7: See note following RCW
9.94A.507.
Expiration date—2006 c 122 §§ 4 and 6: See note following RCW
9.94A.507.
Effective date—2006 c 122 §§ 1-4 and 6: See note following RCW
9.94A.836.
Effective date—2006 c 73: See note following RCW 46.61.502.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—2002 c 107: "The legislature considers the majority opinions
in State v. Cruz, 139 Wn.2d 186 (1999), and State v. Smith, Cause No.
70683-2 (September 6, 2001), to be wrongly decided, since neither properly
interpreted legislative intent. When the legislature enacted the sentencing
reform act, chapter 9.94A RCW, and each time the legislature has amended
the act, the legislature intended that an offender’s criminal history and
offender score be determined using the statutory provisions that were in
effect on the day the current offense was committed.
Although certain prior convictions previously were not counted in the
offender score or included in the criminal history pursuant to former versions
of RCW 9.94A.525, or RCW 9.94A.030, those prior convictions need not be
"revived" because they were never vacated. As noted in the minority opinions in Cruz and Smith, such application of the law does not involve retroactive application or violate ex postfacto prohibitions. Additionally, the Washington state supreme court has repeatedly held in the past that the provisions
of the sentencing reform act act upon and punish only current conduct; the
sentencing reform act does not act upon or alter the punishment for prior con[Title 9 RCW—page 111]
9.94A.035
Title 9 RCW: Crimes and Punishments
victions. See In re Personal Restraint Petition of Williams, 111 Wn.2d 353,
(1988). The legislature has never intended to create in an offender a vested
right with respect to whether a prior conviction is excluded when calculating
an offender score or with respect to how a prior conviction is counted in the
offender score for a current offense." [2002 c 107 § 1.]
Application—2002 c 107: "RCW 9.94A.030(13) (b) and (c) and
9.94A.525(18) apply only to current offenses committed on or after June 13,
2002. No offender who committed his or her current offense prior to June
13, 2002, may be subject to resentencing as a result of this act." [2002 c 107
§ 4.]
Application—2001 2nd sp.s. c 12 §§ 301-363: "(1) Sections 301
through 363 of this act shall not affect the validity of any sentence imposed
under any other law for any offense committed before, on, or after September 1, 2001.
(2) Sections 301 through 363 of this act shall apply to offenses committed on or after September 1, 2001." [2001 2nd sp.s. c 12 § 503.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Effective dates—2001 c 287: See note following RCW 9A.76.115.
Effective date—2001 c 95: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 95 § 3.]
Finding—Intent—2001 c 7: "The legislature finds that an ambiguity
may exist regarding whether out-of-state convictions or convictions under
prior Washington law, for sex offenses that are comparable to current Washington offenses, count when determining whether an offender is a persistent
offender. This act is intended to clarify the legislature’s intent that out-ofstate convictions for comparable sex offenses and prior Washington convictions for comparable sex offenses shall be used to determine whether an
offender meets the definition of a persistent offender." [2001 c 7 § 1.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Finding—1996 c 275: See note following RCW 9.94A.505.
Purpose—1995 c 268: "In order to eliminate a potential ambiguity over
the scope of the term "sex offense," this act clarifies that for general purposes
the definition of "sex offense" does not include any misdemeanors or gross
misdemeanors. For purposes of the registration of sex offenders pursuant to
RCW 9A.44.130, however, the definition of "sex offense" is expanded to
include those gross misdemeanors that constitute attempts, conspiracies, and
solicitations to commit class C felonies." [1995 c 268 § 1.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Finding—Intent—1993 c 251: See note following RCW 38.52.430.
Purpose—1989 c 252: "The purpose of this act is to create a system
that: (1) Assists the courts in sentencing felony offenders regarding the
offenders’ legal financial obligations; (2) holds offenders accountable to victims, counties, cities, the state, municipalities, and society for the assessed
costs associated with their crimes; and (3) provides remedies for an individual or other entities to recoup or at least defray a portion of the loss associated with the costs of felonious behavior." [1989 c 252 § 1.]
State preemption of criminal street gang definitions: Chapter 9.101 RCW.
Additional notes found at www.leg.wa.gov
9.94A.035 Classification of felonies not in Title 9A
RCW. For a felony defined by a statute of this state that is
not in Title 9A RCW, unless otherwise provided:
(1) If the maximum sentence of imprisonment authorized by law upon a first conviction of such felony is twenty
years or more, such felony shall be treated as a class A felony
for purposes of this chapter;
(2) If the maximum sentence of imprisonment authorized by law upon a first conviction of such felony is eight
years or more, but less than twenty years, such felony shall be
treated as a class B felony for purposes of this chapter;
9.94A.035
[Title 9 RCW—page 112]
(3) If the maximum sentence of imprisonment authorized by law upon a first conviction of such felony is less than
eight years, such felony shall be treated as a class C felony for
purposes of this chapter. [1996 c 44 § 1.]
9.94A.171 Tolling of term of confinement, supervision. (1) A term of confinement ordered in a sentence pursuant to this chapter shall be tolled by any period of time during
which the offender has absented himself or herself from confinement without the prior approval of the entity in whose
custody the offender has been placed. A term of partial confinement shall be tolled during any period of time spent in
total confinement pursuant to a new conviction or pursuant to
sanctions for violation of sentence conditions on a separate
felony conviction.
(2) Any term of community custody shall be tolled by
any period of time during which the offender has absented
himself or herself from supervision without prior approval of
the entity under whose supervision the offender has been
placed.
(3) Any period of community custody shall be tolled during any period of time the offender is in confinement for any
reason. However, if an offender is detained pursuant to RCW
9.94A.740 or 9.94A.631 and is later found not to have violated a condition or requirement of community custody, time
spent in confinement due to such detention shall not toll the
period of community custody.
(4) For terms of confinement or community custody, the
date for the tolling of the sentence shall be established by the
entity responsible for the confinement or supervision. [2008
c 231 § 28; 2000 c 226 § 5. Prior: 1999 c 196 § 7; 1999 c 143
§ 14; 1993 c 31 § 2; 1988 c 153 § 9; 1981 c 137 § 17. Formerly RCW 9.94A.625, 9.94A.170.]
9.94A.171
Reviser’s note: This section was recodified pursuant to the direction
found in section 56(4), chapter 231, Laws of 2008.
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Effective date—2000 c 226 § 5: "Section 5 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [March 30, 2000]." [2000 c 226 § 7.]
Finding—Intent—Severability—2000 c 226: See notes following
RCW 9.94A.505.
Additional notes found at www.leg.wa.gov
9.94A.190 Terms of more than one year or less than
one year—Where served—Reimbursement of costs. (1) A
sentence that includes a term or terms of confinement totaling
more than one year shall be served in a facility or institution
operated, or utilized under contract, by the state, or in home
detention pursuant to RCW 9.94A.6551. Except as provided
in subsection (3) or (5) of this section, a sentence of not more
than one year of confinement shall be served in a facility
operated, licensed, or utilized under contract, by the county,
or if home detention or work crew has been ordered by the
court, in the residence of either the offender or a member of
the offender’s immediate family.
(2) If a county uses a state partial confinement facility
for the partial confinement of a person sentenced to confinement for not more than one year, the county shall reimburse
9.94A.190
(2010 Ed.)
Sentencing Reform Act of 1981
the state for the use of the facility as provided in this subsection. The office of financial management shall set the rate of
reimbursement based upon the average per diem cost per
offender in the facility. The office of financial management
shall determine to what extent, if any, reimbursement shall be
reduced or eliminated because of funds provided by the legislature to the department for the purpose of covering the cost
of county use of state partial confinement facilities. The
office of financial management shall reestablish reimbursement rates each even-numbered year.
(3) A person who is sentenced for a felony to a term of
not more than one year, and who is committed or returned to
incarceration in a state facility on another felony conviction,
either under the indeterminate sentencing laws, chapter 9.95
RCW, or under this chapter shall serve all terms of confinement, including a sentence of not more than one year, in a
facility or institution operated, or utilized under contract, by
the state, consistent with the provisions of RCW 9.94A.589.
(4) Notwithstanding any other provision of this section,
a sentence imposed pursuant to RCW 9.94A.660 which has a
standard sentence range of over one year, regardless of
length, shall be served in a facility or institution operated, or
utilized under contract, by the state.
(5) Sentences imposed pursuant to RCW 9.94A.507
shall be served in a facility or institution operated, or utilized
under contract, by the state. [2010 c 224 § 10; 2009 c 28 § 5;
2001 2nd sp.s. c 12 § 313; 2000 c 28 § 4; 1995 c 108 § 4; 1991
c 181 § 5; 1988 c 154 § 5; 1986 c 257 § 21; 1984 c 209 § 10;
1981 c 137 § 19.]
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Additional notes found at www.leg.wa.gov
9.94A.340 Equal application. The sentencing guidelines and prosecuting standards apply equally to offenders in
all parts of the state, without discrimination as to any element
that does not relate to the crime or the previous record of the
defendant. [1983 c 115 § 5.]
9.94A.340
9.94A.345 Timing. Any sentence imposed under this
chapter shall be determined in accordance with the law in
effect when the current offense was committed. [2000 c 26 §
2.]
9.94A.345
Intent—2000 c 26: "RCW 9.94A.345 is intended to cure any ambiguity
that might have led to the Washington supreme court’s decision in State v.
Cruz, Cause No. 67147-8 (October 7, 1999). A decision as to whether a prior
conviction shall be included in an individual’s offender score should be
determined by the law in effect on the day the current offense was committed. RCW 9.94A.345 is also intended to clarify the applicability of statutes
creating new sentencing alternatives or modifying the availability of existing
alternatives." [2000 c 26 § 1.]
PROSECUTORIAL STANDARDS
9.94A.401 Introduction. These standards are intended
solely for the guidance of prosecutors in the state of Washington. They are not intended to, do not and may not be relied
9.94A.401
(2010 Ed.)
9.94A.411
upon to create a right or benefit, substantive or procedural,
enforceable at law by a party in litigation with the state.
[1983 c 115 § 14. Formerly RCW 9.94A.430.]
9.94A.411 Evidentiary sufficiency. (1) Decision not to
prosecute.
STANDARD: A prosecuting attorney may decline to
prosecute, even though technically sufficient evidence to
prosecute exists, in situations where prosecution would serve
no public purpose, would defeat the underlying purpose of
the law in question or would result in decreased respect for
the law.
GUIDELINE/COMMENTARY:
Examples
The following are examples of reasons not to prosecute
which could satisfy the standard.
(a) Contrary to Legislative Intent - It may be proper to
decline to charge where the application of criminal sanctions
would be clearly contrary to the intent of the legislature in
enacting the particular statute.
(b) Antiquated Statute - It may be proper to decline to
charge where the statute in question is antiquated in that:
(i) It has not been enforced for many years; and
(ii) Most members of society act as if it were no longer in
existence; and
(iii) It serves no deterrent or protective purpose in
today’s society; and
(iv) The statute has not been recently reconsidered by the
legislature.
This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because
it is difficult to enforce.
(c) De Minimis Violation - It may be proper to decline to
charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose
would be served by prosecution.
(d) Confinement on Other Charges - It may be proper to
decline to charge because the accused has been sentenced on
another charge to a lengthy period of confinement; and
(i) Conviction of the new offense would not merit any
additional direct or collateral punishment;
(ii) The new offense is either a misdemeanor or a felony
which is not particularly aggravated; and
(iii) Conviction of the new offense would not serve any
significant deterrent purpose.
(e) Pending Conviction on Another Charge - It may be
proper to decline to charge because the accused is facing a
pending prosecution in the same or another county; and
(i) Conviction of the new offense would not merit any
additional direct or collateral punishment;
(ii) Conviction in the pending prosecution is imminent;
(iii) The new offense is either a misdemeanor or a felony
which is not particularly aggravated; and
(iv) Conviction of the new offense would not serve any
significant deterrent purpose.
(f) High Disproportionate Cost of Prosecution - It may
be proper to decline to charge where the cost of locating or
transporting, or the burden on, prosecution witnesses is
highly disproportionate to the importance of prosecuting the
offense in question. This reason should be limited to minor
cases and should not be relied upon in serious cases.
9.94A.411
[Title 9 RCW—page 113]
9.94A.411
Title 9 RCW: Crimes and Punishments
(g) Improper Motives of Complainant - It may be proper
to decline charges because the motives of the complainant are
improper and prosecution would serve no public purpose,
would defeat the underlying purpose of the law in question or
would result in decreased respect for the law.
(h) Immunity - It may be proper to decline to charge
where immunity is to be given to an accused in order to prosecute another where the accused’s information or testimony
will reasonably lead to the conviction of others who are
responsible for more serious criminal conduct or who represent a greater danger to the public interest.
(i) Victim Request - It may be proper to decline to charge
because the victim requests that no criminal charges be filed
and the case involves the following crimes or situations:
(i) Assault cases where the victim has suffered little or
no injury;
(ii) Crimes against property, not involving violence,
where no major loss was suffered;
(iii) Where doing so would not jeopardize the safety of
society.
Care should be taken to insure that the victim’s request is
freely made and is not the product of threats or pressure by
the accused.
The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.
Notification
The prosecutor is encouraged to notify the victim, when
practical, and the law enforcement personnel, of the decision
not to prosecute.
(2) Decision to prosecute.
(a) STANDARD:
Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most
plausible, reasonably foreseeable defense that could be raised
under the evidence, would justify conviction by a reasonable
and objective fact finder. With regard to offenses prohibited
by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076,
9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and
9A.64.020 the prosecutor should avoid prefiling agreements
or diversions intended to place the accused in a program of
treatment or counseling, so that treatment, if determined to be
beneficial, can be provided pursuant to RCW 9.94A.670.
Crimes against property/other crimes will be filed if the
admissible evidence is of such convincing force as to make it
probable that a reasonable and objective fact finder would
convict after hearing all the admissible evidence and the most
plausible defense that could be raised.
See table below for the crimes within these categories.
CATEGORIZATION OF CRIMES FOR
PROSECUTING STANDARDS
CRIMES AGAINST PERSONS
Aggravated Murder
1st Degree Murder
2nd Degree Murder
1st Degree Manslaughter
2nd Degree Manslaughter
1st Degree Kidnapping
2nd Degree Kidnapping
1st Degree Assault
2nd Degree Assault
[Title 9 RCW—page 114]
3rd Degree Assault
1st Degree Assault of a Child
2nd Degree Assault of a Child
3rd Degree Assault of a Child
1st Degree Rape
2nd Degree Rape
3rd Degree Rape
1st Degree Rape of a Child
2nd Degree Rape of a Child
3rd Degree Rape of a Child
1st Degree Robbery
2nd Degree Robbery
1st Degree Arson
1st Degree Burglary
1st Degree Identity Theft
2nd Degree Identity Theft
1st Degree Extortion
2nd Degree Extortion
Indecent Liberties
Incest
Vehicular Homicide
Vehicular Assault
1st Degree Child Molestation
2nd Degree Child Molestation
3rd Degree Child Molestation
1st Degree Promoting Prostitution
Intimidating a Juror
Communication with a Minor
Intimidating a Witness
Intimidating a Public Servant
Bomb Threat (if against person)
Unlawful Imprisonment
Promoting a Suicide Attempt
Riot (if against person)
Stalking
Custodial Assault
Domestic Violence Court Order Violation (RCW
10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138,
26.50.110, 26.52.070, or 74.34.145)
Counterfeiting (if a violation of RCW 9.16.035(4))
Felony Driving a Motor Vehicle While Under the Influence of Intoxicating Liquor or Any Drug (RCW
46.61.502(6))
Felony Physical Control of a Motor Vehicle While
Under the Influence of Intoxicating Liquor or Any Drug
(RCW 46.61.504(6))
CRIMES AGAINST PROPERTY/OTHER CRIMES
2nd Degree Arson
1st Degree Escape
2nd Degree Escape
2nd Degree Burglary
1st Degree Theft
2nd Degree Theft
1st Degree Perjury
2nd Degree Perjury
1st Degree Introducing Contraband
2nd Degree Introducing Contraband
1st Degree Possession of Stolen Property
2nd Degree Possession of Stolen Property
Bribery
(2010 Ed.)
Sentencing Reform Act of 1981
Bribing a Witness
Bribe received by a Witness
Bomb Threat (if against property)
1st Degree Malicious Mischief
2nd Degree Malicious Mischief
1st Degree Reckless Burning
Taking a Motor Vehicle without Authorization
Forgery
2nd Degree Promoting Prostitution
Tampering with a Witness
Trading in Public Office
Trading in Special Influence
Receiving/Granting Unlawful Compensation
Bigamy
Eluding a Pursuing Police Vehicle
Willful Failure to Return from Furlough
Escape from Community Custody
Riot (if against property)
1st Degree Theft of Livestock
2nd Degree Theft of Livestock
ALL OTHER UNCLASSIFIED FELONIES
Selection of Charges/Degree of Charge
(i) The prosecutor should file charges which adequately
describe the nature of defendant’s conduct. Other offenses
may be charged only if they are necessary to ensure that the
charges:
(A) Will significantly enhance the strength of the state’s
case at trial; or
(B) Will result in restitution to all victims.
(ii) The prosecutor should not overcharge to obtain a
guilty plea. Overcharging includes:
(A) Charging a higher degree;
(B) Charging additional counts.
This standard is intended to direct prosecutors to charge
those crimes which demonstrate the nature and seriousness of
a defendant’s criminal conduct, but to decline to charge
crimes which are not necessary to such an indication. Crimes
which do not merge as a matter of law, but which arise from
the same course of conduct, do not all have to be charged.
(b) GUIDELINES/COMMENTARY:
(i) Police Investigation
A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation
which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation
has been conducted before a decision to prosecute is made.
In ordinary circumstances the investigation should include
the following:
(A) The interviewing of all material witnesses, together
with the obtaining of written statements whenever possible;
(B) The completion of necessary laboratory tests; and
(C) The obtaining, in accordance with constitutional
requirements, of the suspect’s version of the events.
If the initial investigation is incomplete, a prosecuting
attorney should insist upon further investigation before a
decision to prosecute is made, and specify what the investigation needs to include.
(ii) Exceptions
(2010 Ed.)
9.94A.421
In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is
complete if:
(A) Probable cause exists to believe the suspect is guilty;
and
(B) The suspect presents a danger to the community or is
likely to flee if not apprehended; or
(C) The arrest of the suspect is necessary to complete the
investigation of the crime.
In the event that the exception to the standard is applied,
the prosecuting attorney shall obtain a commitment from the
law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does
not produce sufficient evidence to meet the normal charging
standard, the complaint should be dismissed.
(iii) Investigation Techniques
The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation
including:
(A) Polygraph testing;
(B) Hypnosis;
(C) Electronic surveillance;
(D) Use of informants.
(iv) Pre-Filing Discussions with Defendant
Discussions with the defendant or his/her representative
regarding the selection or disposition of charges may occur
prior to the filing of charges, and potential agreements can be
reached.
(v) Pre-Filing Discussions with Victim(s)
Discussions with the victim(s) or victims’ representatives regarding the selection or disposition of charges may
occur before the filing of charges. The discussions may be
considered by the prosecutor in charging and disposition
decisions, and should be considered before reaching any
agreement with the defendant regarding these decisions.
[2006 c 271 § 1; 2006 c 73 § 13. Prior: 2000 c 119 § 28; 2000
c 28 § 17; prior: 1999 c 322 § 6; 1999 c 196 § 11; 1996 c 93
§ 2; 1995 c 288 § 3; prior: 1992 c 145 § 11; 1992 c 75 § 5;
1989 c 332 § 2; 1988 c 145 § 13; 1986 c 257 § 30; 1983 c 115
§ 15. Formerly RCW 9.94A.440.]
Reviser’s note: This section was amended by 2006 c 73 § 13 and by
2006 c 271 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2006 c 73: See note following RCW 46.61.502.
Application—2000 c 119: See note following RCW 26.50.021.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Additional notes found at www.leg.wa.gov
9.94A.421 Plea agreements—Discussions—Contents
of agreements. The prosecutor and the attorney for the
defendant, or the defendant when acting pro se, may engage
in discussions with a view toward reaching an agreement
that, upon the entering of a plea to a charged offense or to a
lesser or related offense, the prosecutor will do any of the following:
(1) Move for dismissal of other charges or counts;
(2) Recommend a particular sentence within the sentence range applicable to the offense or offenses to which the
offender pled guilty;
9.94A.421
[Title 9 RCW—page 115]
9.94A.431
Title 9 RCW: Crimes and Punishments
(3) Recommend a particular sentence outside of the sentence range;
(4) Agree to file a particular charge or count;
(5) Agree not to file other charges or counts; or
(6) Make any other promise to the defendant, except that
in no instance may the prosecutor agree not to allege prior
convictions.
In a case involving a crime against persons as defined in
RCW 9.94A.411, the prosecutor shall make reasonable
efforts to inform the victim of the violent offense of the
nature of and reasons for the plea agreement, including all
offenses the prosecutor has agreed not to file, and ascertain
any objections or comments the victim has to the plea agreement.
The court shall not participate in any discussions under
this section. [1995 c 288 § 1; 1981 c 137 § 8. Formerly RCW
9.94A.080.]
Additional notes found at www.leg.wa.gov
9.94A.431 Plea agreements—Information to court—
Approval or disapproval—Sentencing judge not bound.
(1) If a plea agreement has been reached by the prosecutor
and the defendant pursuant to RCW 9.94A.421, they shall at
the time of the defendant’s plea state to the court, on the
record, the nature of the agreement and the reasons for the
agreement. The prosecutor shall inform the court on the
record whether the victim or victims of all crimes against persons, as defined in RCW 9.94A.411, covered by the plea
agreement have expressed any objections to or comments on
the nature of and reasons for the plea agreement. The court, at
the time of the plea, shall determine if the agreement is consistent with the interests of justice and with the prosecuting
standards. If the court determines it is not consistent with the
interests of justice and with the prosecuting standards, the
court shall, on the record, inform the defendant and the prosecutor that they are not bound by the agreement and that the
defendant may withdraw the defendant’s plea of guilty, if one
has been made, and enter a plea of not guilty.
(2) The sentencing judge is not bound by any recommendations contained in an allowed plea agreement and the
defendant shall be so informed at the time of plea. [1995 c
288 § 2; 1984 c 209 § 4; 1981 c 137 § 9. Formerly RCW
9.94A.090.]
9.94A.431
Additional notes found at www.leg.wa.gov
9.94A.441 Plea agreements—Criminal history. The
prosecuting attorney and the defendant shall each provide the
court with their understanding of what the defendant’s criminal history is prior to a plea of guilty pursuant to a plea agreement. All disputed issues as to criminal history shall be
decided at the sentencing hearing. [1981 c 137 § 10. Formerly RCW 9.94A.100.]
9.94A.441
Additional notes found at www.leg.wa.gov
9.94A.450 Plea dispositions. STANDARD: (1)
Except as provided in subsection (2) of this section, a defendant will normally be expected to plead guilty to the charge
or charges which adequately describe the nature of his or her
criminal conduct or go to trial.
9.94A.450
[Title 9 RCW—page 116]
(2) In certain circumstances, a plea agreement with a
defendant in exchange for a plea of guilty to a charge or
charges that may not fully describe the nature of his or her
criminal conduct may be necessary and in the public interest.
Such situations may include the following:
(a) Evidentiary problems which make conviction on the
original charges doubtful;
(b) The defendant’s willingness to cooperate in the
investigation or prosecution of others whose criminal conduct is more serious or represents a greater public threat;
(c) A request by the victim when it is not the result of
pressure from the defendant;
(d) The discovery of facts which mitigate the seriousness
of the defendant’s conduct;
(e) The correction of errors in the initial charging decision;
(f) The defendant’s history with respect to criminal
activity;
(g) The nature and seriousness of the offense or offenses
charged;
(h) The probable effect on witnesses. [1983 c 115 § 16.]
9.94A.460 Sentence recommendations. STANDARD:
The prosecutor may reach an agreement regarding sentence recommendations.
The prosecutor shall not agree to withhold relevant information from the court concerning the plea agreement. [1983
c 115 § 17.]
9.94A.460
9.94A.470 Armed offenders. Notwithstanding the current placement or listing of crimes in categories or classifications of prosecuting standards for deciding to prosecute under
RCW 9.94A.411(2), any and all felony crimes involving any
deadly weapon special verdict under *RCW 9.94A.602, any
deadly weapon enhancements under RCW 9.94A.533 (3) or
(4), or both, and any and all felony crimes as defined in RCW
9.94A.533 (3)(f) or (4)(f), or both, which are excluded from
the deadly weapon enhancements shall all be treated as
crimes against a person and subject to the prosecuting standards for deciding to prosecute under RCW 9.94A.411(2) as
crimes against persons. [2002 c 290 § 14; 1995 c 129 § 4
(Initiative Measure No. 159).]
9.94A.470
*Reviser’s note: RCW 9.94A.602 was recodified as RCW 9.94A.825
pursuant to 2009 c 28 § 41.
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
9.94A.475 Plea agreements and sentences for certain
offenders—Public records. Any and all recommended sentencing agreements or plea agreements and the sentences for
any and all felony crimes shall be made and retained as public
records if the felony crime involves:
(1) Any violent offense as defined in this chapter;
(2) Any most serious offense as defined in this chapter;
(3) Any felony with a deadly weapon special verdict
under *RCW 9.94A.602;
9.94A.475
(2010 Ed.)
Sentencing Reform Act of 1981
(4) Any felony with any deadly weapon enhancements
under RCW 9.94A.533 (3) or (4), or both; and/or
(5) The felony crimes of possession of a machine gun,
possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first or second
degree, and/or use of a machine gun in a felony. [2002 c 290
§ 15; 1997 c 338 § 48; 1995 c 129 § 5 (Initiative Measure No.
159). Formerly RCW 9.94A.103.]
*Reviser’s note: RCW 9.94A.602 was recodified as RCW 9.94A.825
pursuant to 2009 c 28 § 41.
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Additional notes found at www.leg.wa.gov
9.94A.480 Judicial records for sentences of certain
offenders. (1) A current, newly created or reworked judgment and sentence document for each felony sentencing shall
record any and all recommended sentencing agreements or
plea agreements and the sentences for any and all felony
crimes kept as public records under RCW 9.94A.475 shall
contain the clearly printed name and legal signature of the
sentencing judge. The judgment and sentence document as
defined in this section shall also provide additional space for
the sentencing judge’s reasons for going either above or
below the presumptive sentence range for any and all felony
crimes covered as public records under RCW 9.94A.475.
Both the sentencing judge and the prosecuting attorney’s
office shall each retain or receive a completed copy of each
sentencing document as defined in this section for their own
records.
(2) The sentencing guidelines commission shall be sent a
completed copy of the judgment and sentence document
upon conviction for each felony sentencing under subsection
(1) of this section and shall compile a yearly and cumulative
judicial record of each sentencing judge in regards to his or
her sentencing practices for any and all felony crimes involving:
(a) Any violent offense as defined in this chapter;
(b) Any most serious offense as defined in this chapter;
(c) Any felony with any deadly weapon special verdict
under *RCW 9.94A.602;
(d) Any felony with any deadly weapon enhancements
under RCW 9.94A.533 (3) or (4), or both; and/or
(e) The felony crimes of possession of a machine gun,
possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first or second
degree, and/or use of a machine gun in a felony.
(3) The sentencing guidelines commission shall compare
each individual judge’s sentencing practices to the standard
or presumptive sentence range for any and all felony crimes
listed in subsection (2) of this section for the appropriate
offense level as defined in RCW 9.94A.515 or 9.94A.518,
offender score as defined in RCW 9.94A.525, and any applicable deadly weapon enhancements as defined in RCW
9.94A.533 (3) or (4), or both. These comparative records
shall be retained and made available to the public for review
9.94A.480
(2010 Ed.)
9.94A.500
in a current, newly created or reworked official published
document by the sentencing guidelines commission.
(4) Any and all felony sentences which are either above
or below the standard or presumptive sentence range in subsection (3) of this section shall also mark whether the prosecuting attorney in the case also recommended a similar sentence, if any, which was either above or below the presumptive sentence range and shall also indicate if the sentence was
in conjunction with an approved alternative sentencing
option including a first-time offender waiver, sex offender
sentencing alternative, or other prescribed sentencing option.
(5) If any completed judgment and sentence document as
defined in subsection (1) of this section is not sent to the sentencing guidelines commission as required in subsection (2)
of this section, the sentencing guidelines commission shall
have the authority and shall undertake reasonable and necessary steps to assure that all past, current, and future sentencing documents as defined in subsection (1) of this section are
received by the sentencing guidelines commission. [2002 c
290 § 16; 1997 c 338 § 49; 1995 c 129 § 6 (Initiative Measure
No. 159). Formerly RCW 9.94A.105.]
*Reviser’s note: RCW 9.94A.602 was recodified as RCW 9.94A.825
pursuant to 2009 c 28 § 41.
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Additional notes found at www.leg.wa.gov
SENTENCING
9.94A.500 Sentencing hearing—Presentencing procedures—Disclosure of mental health services information. (1) Before imposing a sentence upon a defendant, the
court shall conduct a sentencing hearing. The sentencing
hearing shall be held within forty court days following conviction. Upon the motion of either party for good cause
shown, or on its own motion, the court may extend the time
period for conducting the sentencing hearing.
Except in cases where the defendant shall be sentenced
to a term of total confinement for life without the possibility
of release or, when authorized by RCW 10.95.030 for the
crime of aggravated murder in the first degree, sentenced to
death, the court may order the department to complete a risk
assessment report. If available before sentencing, the report
shall be provided to the court.
Unless specifically waived by the court, the court shall
order the department to complete a chemical dependency
screening report before imposing a sentence upon a defendant who has been convicted of a violation of the uniform
controlled substances act under chapter 69.50 RCW, a criminal solicitation to commit such a violation under chapter
9A.28 RCW, or any felony where the court finds that the
offender has a chemical dependency that has contributed to
his or her offense. In addition, the court shall, at the time of
plea or conviction, order the department to complete a presentence report before imposing a sentence upon a defendant
who has been convicted of a felony sexual offense. The
9.94A.500
[Title 9 RCW—page 117]
9.94A.501
Title 9 RCW: Crimes and Punishments
department of corrections shall give priority to presentence
investigations for sexual offenders. If the court determines
that the defendant may be a mentally ill person as defined in
RCW 71.24.025, although the defendant has not established
that at the time of the crime he or she lacked the capacity to
commit the crime, was incompetent to commit the crime, or
was insane at the time of the crime, the court shall order the
department to complete a presentence report before imposing
a sentence.
The court shall consider the risk assessment report and
presentence reports, if any, including any victim impact statement and criminal history, and allow arguments from the
prosecutor, the defense counsel, the offender, the victim, the
survivor of the victim, or a representative of the victim or survivor, and an investigative law enforcement officer as to the
sentence to be imposed.
A criminal history summary relating to the defendant
from the prosecuting authority or from a state, federal, or foreign governmental agency shall be prima facie evidence of
the existence and validity of the convictions listed therein. If
the court is satisfied by a preponderance of the evidence that
the defendant has a criminal history, the court shall specify
the convictions it has found to exist. All of this information
shall be part of the record. Copies of all risk assessment
reports and presentence reports presented to the sentencing
court and all written findings of facts and conclusions of law
as to sentencing entered by the court shall be sent to the
department by the clerk of the court at the conclusion of the
sentencing and shall accompany the offender if the offender
is committed to the custody of the department. Court clerks
shall provide, without charge, certified copies of documents
relating to criminal convictions requested by prosecuting
attorneys.
(2) To prevent wrongful disclosure of information
related to mental health services, as defined in RCW
*71.05.445 and 71.34.345, a court may take only those steps
necessary during a sentencing hearing or any hearing in
which the department presents information related to mental
health services to the court. The steps may be taken on
motion of the defendant, the prosecuting attorney, or on the
court’s own motion. The court may seal the portion of the
record relating to information relating to mental health services, exclude the public from the hearing during presentation or discussion of information relating to mental health
services, or grant other relief to achieve the result intended by
this subsection, but nothing in this subsection shall be construed to prevent the subsequent release of information
related to mental health services as authorized by RCW
*71.05.445, 71.34.345, or 72.09.585. Any person who otherwise is permitted to attend any hearing pursuant to chapter
7.69 or 7.69A RCW shall not be excluded from the hearing
solely because the department intends to disclose or discloses
information related to mental health services. [2008 c 231 §
2; 2006 c 339 § 303; 2000 c 75 § 8. Prior: 1999 c 197 § 3;
1999 c 196 § 4; 1998 c 260 § 2; 1988 c 60 § 1; 1986 c 257 §
34; 1985 c 443 § 6; 1984 c 209 § 5; 1981 c 137 § 11. Formerly RCW 9.94A.110.]
*Reviser’s note: RCW 71.05.445 was amended by 2009 c 320 § 4,
deleting the definition of "information related to mental health services."
Intent—2008 c 231 §§ 2-4: "It is the legislature’s intent to ensure that
offenders receive accurate sentences that are based on their actual, complete
[Title 9 RCW—page 118]
criminal history. Accurate sentences further the sentencing reform act’s
goals of:
(1) Ensuring that the punishment for a criminal offense is proportionate
to the seriousness of the offense and the offender’s criminal history;
(2) Ensuring punishment that is just; and
(3) Ensuring that sentences are commensurate with the punishment
imposed on others for committing similar offenses.
Given the decisions in In re Cadwallader, 155 Wn.2d 867 (2005); State
v. Lopez, 147 Wn.2d 515 (2002); State v. Ford, 137 Wn.2d 472 (1999); and
State v. McCorkle, 137 Wn.2d 490 (1999), the legislature finds it is necessary to amend the provisions in RCW 9.94A.500, 9.94A.525, and 9.94A.530
in order to ensure that sentences imposed accurately reflect the offender’s
actual, complete criminal history, whether imposed at sentencing or upon
resentencing. These amendments are consistent with the United States
supreme court holding in Monge v. California, 524 U.S. 721 (1998), that
double jeopardy is not implicated at resentencing following an appeal or collateral attack." [2008 c 231 § 1.]
Application—2008 c 231 §§ 2 and 3: "Sections 2 and 3 of this act
apply to all sentencings and resentencings commenced before, on, or after
June 12, 2008." [2008 c 231 § 5.]
Severability—2008 c 231: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2008 c 231 § 62.]
Intent—Part headings not law—2006 c 339: See notes following
RCW 70.96A.325.
Intent—2000 c 75: See note following RCW 71.05.445.
Intent—1998 c 260: "It is the intent of the legislature to decrease the
likelihood of recidivism and reincarceration by mentally ill offenders under
correctional supervision in the community by authorizing:
(1) The courts to request presentence reports from the department of
corrections when a relationship between mental illness and criminal behavior is suspected, and to order a mental status evaluation and treatment for
offenders whose criminal behavior is influenced by a mental illness; and
(2) Community corrections officers to work with community mental
health providers to support participation in treatment by mentally ill offenders on community placement or community supervision." [1998 c 260 § 1.]
Additional notes found at www.leg.wa.gov
9.94A.501 Department must supervise specified
offenders—Risk assessment of felony offenders. (1) The
department shall supervise every offender convicted of a misdemeanor or gross misdemeanor offense who is sentenced to
probation in superior court, pursuant to RCW 9.92.060,
9.95.204, or 9.95.210, for an offense included in (a) and (b)
of this subsection. The superior court shall order probation
for:
(a) Offenders convicted of fourth degree assault, violation of a domestic violence court order pursuant to RCW
10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138,
26.50.110, 26.52.070, or 74.34.145, and who also have a
prior conviction for one or more of the following:
(i) A violent offense;
(ii) A sex offense;
(iii) A crime against a person as provided in RCW
9.94A.411;
(iv) Fourth degree assault; or
(v) Violation of a domestic violence court order; and
(b) Offenders convicted of:
(i) Sexual misconduct with a minor second degree;
(ii) Custodial sexual misconduct second degree;
(iii) Communication with a minor for immoral purposes;
and
(iv) Violation of RCW 9A.44.132(2) (failure to register).
(2) Misdemeanor and gross misdemeanor offenders
supervised by the department pursuant to this section shall be
placed on community custody.
9.94A.501
(2010 Ed.)
Sentencing Reform Act of 1981
(3) The department shall supervise every felony offender
sentenced to community custody whose risk assessment, conducted pursuant to subsection (6) of this section, classifies the
offender as one who is at a high risk to reoffend.
(4) Notwithstanding any other provision of this section,
the department shall supervise an offender sentenced to community custody regardless of risk classification if the
offender:
(a) Has a current conviction for a sex offense or a serious
violent offense as defined in RCW 9.94A.030;
(b) Has been identified by the department as a dangerous
mentally ill offender pursuant to RCW 72.09.370;
(c) Has an indeterminate sentence and is subject to
parole pursuant to RCW 9.95.017;
(d) Has a current conviction for violating RCW
9A.44.132(1) (failure to register);
(e) Was sentenced under RCW 9.94A.650, 9.94A.655,
9.94A.660, or 9.94A.670; or
(f) Is subject to supervision pursuant to RCW 9.94A.745.
(5) The department is not authorized to, and may not,
supervise any offender sentenced to a term of community
custody or any probationer unless the offender or probationer
is one for whom supervision is required under subsection (1),
(2), (3), or (4) of this section.
(6) The department shall conduct a risk assessment for
every felony offender sentenced to a term of community custody who may be subject to supervision under this section.
[2010 c 267 § 10; 2010 c 224 § 3; 2009 c 376 § 2; (2009 c 376
§ 1 expired August 1, 2009); 2009 c 375 § 2; (2009 c 375 § 1
expired August 1, 2009); 2008 c 231 § 24; 2005 c 362 § 1;
2003 c 379 § 3.]
Reviser’s note: This section was amended by 2010 c 224 § 3 and by
2010 c 267 § 10, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Application—2010 c 267: See note following RCW 9A.44.128.
Expiration date—2009 c 376 § 1: "Section 1 of this act expires August
1, 2009." [2009 c 376 § 4.]
Expiration date—2009 c 375 §§ 1, 3, and 13: "Sections 1, 3, and 13 of
this act expire August 1, 2009." [2009 c 375 § 19.]
Application—2009 c 375: "This act applies retroactively and prospectively regardless of whether the offender is currently on community custody
or probation with the department, currently incarcerated with a term of community custody or probation with the department, or sentenced after July 26,
2009." [2009 c 375 § 20.]
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Effective date—2005 c 362: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 10, 2005]." [2005 c 362 § 5.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Conditions of probation: RCW 9.95.210.
Misdemeanant probation services—County supervision: RCW 9.95.204.
Suspending sentences: RCW 9.92.060.
9.94A.505 Sentences. (1) When a person is convicted
of a felony, the court shall impose punishment as provided in
this chapter.
(2)(a) The court shall impose a sentence as provided in
the following sections and as applicable in the case:
9.94A.505
(2010 Ed.)
9.94A.505
(i) Unless another term of confinement applies, a sentence within the standard sentence range established in RCW
9.94A.510 or 9.94A.517;
(ii) RCW 9.94A.701 and 9.94A.702, relating to community custody;
(iii) RCW 9.94A.570, relating to persistent offenders;
(iv) RCW 9.94A.540, relating to mandatory minimum
terms;
(v) RCW 9.94A.650, relating to the first-time offender
waiver;
(vi) RCW 9.94A.660, relating to the drug offender sentencing alternative;
(vii) RCW 9.94A.670, relating to the special sex
offender sentencing alternative;
(viii) RCW 9.94A.655, relating to the parenting sentencing alternative;
(ix) RCW 9.94A.507, relating to certain sex offenses;
(x) RCW 9.94A.535, relating to exceptional sentences;
(xi) RCW 9.94A.589, relating to consecutive and concurrent sentences;
(xii) RCW 9.94A.603, relating to felony driving while
under the influence of intoxicating liquor or any drug and felony physical control of a vehicle while under the influence of
intoxicating liquor or any drug.
(b) If a standard sentence range has not been established
for the offender’s crime, the court shall impose a determinate
sentence which may include not more than one year of confinement; community restitution work; a term of community
custody under RCW 9.94A.702 not to exceed one year;
and/or other legal financial obligations. The court may
impose a sentence which provides more than one year of confinement and a community custody term under RCW
9.94A.701 if the court finds reasons justifying an exceptional
sentence as provided in RCW 9.94A.535.
(3) If the court imposes a sentence requiring confinement
of thirty days or less, the court may, in its discretion, specify
that the sentence be served on consecutive or intermittent
days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences
as space permits.
(4) If a sentence imposed includes payment of a legal
financial obligation, it shall be imposed as provided in RCW
9.94A.750, 9.94A.753, 9.94A.760, and 43.43.7541.
(5) Except as provided under RCW 9.94A.750(4) and
9.94A.753(4), a court may not impose a sentence providing
for a term of confinement or community custody that exceeds
the statutory maximum for the crime as provided in chapter
9A.20 RCW.
(6) The sentencing court shall give the offender credit for
all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the
offender is being sentenced.
(7) The court shall order restitution as provided in RCW
9.94A.750 and 9.94A.753.
(8) As a part of any sentence, the court may impose and
enforce crime-related prohibitions and affirmative conditions
as provided in this chapter.
(9) In any sentence of partial confinement, the court may
require the offender to serve the partial confinement in work
release, in a program of home detention, on work crew, or in
[Title 9 RCW—page 119]
9.94A.507
Title 9 RCW: Crimes and Punishments
a combined program of work crew and home detention.
[2010 c 224 § 4; 2009 c 389 § 1; 2009 c 28 § 6; 2008 c 231 §
25; 2006 c 73 § 6. Prior: 2002 c 290 § 17; 2002 c 289 § 6;
2002 c 175 § 6; 2001 2nd sp.s. c 12 § 312; 2001 c 10 § 2;
prior: 2000 c 226 § 2; 2000 c 43 § 1; 2000 c 28 § 5; prior:
1999 c 324 § 2; 1999 c 197 § 4; 1999 c 196 § 5; 1999 c 147 §
3; 1998 c 260 § 3; prior: 1997 c 340 § 2; 1997 c 338 § 4; 1997
c 144 § 2; 1997 c 121 § 2; 1997 c 69 § 1; prior: 1996 c 275 §
2; 1996 c 215 § 5; 1996 c 199 § 1; 1996 c 93 § 1; 1995 c 108
§ 3; prior: 1994 c 1 § 2 (Initiative Measure No. 593,
approved November 2, 1993); 1993 c 31 § 3; prior: 1992 c
145 § 7; 1992 c 75 § 2; 1992 c 45 § 5; prior: 1991 c 221 § 2;
1991 c 181 § 3; 1991 c 104 § 3; 1990 c 3 § 705; 1989 c 252 §
4; prior: 1988 c 154 § 3; 1988 c 153 § 2; 1988 c 143 § 21;
prior: 1987 c 456 § 2; 1987 c 402 § 1; prior: 1986 c 301 § 4;
1986 c 301 § 3; 1986 c 257 § 20; 1984 c 209 § 6; 1983 c 163
§ 2; 1982 c 192 § 4; 1981 c 137 § 12. Formerly RCW
9.94A.120.]
Effective date—2009 c 389 §§ 1 and 3-5: "Sections 1 and 3 through 5
of this act take effect August 1, 2009." [2009 c 389 § 8.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Drug offender options—Report: "The Washington state institute for
public policy, in consultation with the sentencing guidelines commission
shall evaluate the impact of implementing the drug offender options provided for in RCW 9.94A.120(6). The commission shall submit a final report
to the legislature by December 1, 2004. The report shall describe the
changes in sentencing practices related to the use of punishment options for
drug offenders and include the impact of sentencing alternatives on state
prison populations, the savings in state resources, the effectiveness of drug
treatment services, and the impact on recidivism rates." [1999 c 197 § 12.]
Intent—1998 c 260: See note following RCW 9.94A.500.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Finding—1996 c 275: "The legislature finds that improving the supervision of convicted sex offenders in the community upon release from incarceration is a substantial public policy goal, in that effective supervision
accomplishes many purposes including protecting the community, supporting crime victims, assisting offenders to change, and providing important
information to decision makers." [1996 c 275 § 1.]
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Effective date—2006 c 73: See note following RCW 46.61.502.
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Severability—Effective date—2002 c 289: See notes following RCW
43.43.753.
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Intent—2001 c 10: "It is the intent of the legislature to incorporate into
the reorganization of chapter 9.94A RCW adopted by chapter 28, Laws of
2000 amendments adopted to RCW 9.94A.120 during the 2000 legislative
session that did not take cognizance of the reorganization. In addition, it is
the intent of the legislature to correct any additional incorrect cross-references and to simplify the codification of provisions within chapter 9.94A
RCW.
The legislature does not intend to make, and no provision of this act
may be construed as making, a substantive change in the sentencing reform
act." [2001 c 10 § 1.]
Effective date—2001 c 10: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 10 § 7.]
Finding—Intent—2000 c 226: "The legislature finds that supervision
of offenders in the community and an offender’s payment of restitution
enhances public safety, improves offender accountability, is an important
component of providing justice to victims, and strengthens the community.
The legislature intends that all terms and conditions of an offender’s supervision in the community, including the length of supervision and payment of
legal financial obligations, not be curtailed by an offender’s absence from
supervision for any reason including confinement in any correctional institution. The legislature, through this act, revises the results of In re Sappenfield,
980 P.2d 1271 (1999) and declares that an offender’s absence from supervision or subsequent incarceration acts to toll the jurisdiction of the court or
department over an offender for the purpose of enforcing legal financial obligations." [2000 c 226 § 1.]
Severability—2000 c 226: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2000 c 226 § 6.]
[Title 9 RCW—page 120]
9.94A.507 Sentencing of sex offenders. (1) An
offender who is not a persistent offender shall be sentenced
under this section if the offender:
(a) Is convicted of:
(i) Rape in the first degree, rape in the second degree,
rape of a child in the first degree, child molestation in the first
degree, rape of a child in the second degree, or indecent liberties by forcible compulsion;
(ii) Any of the following offenses with a finding of sexual motivation: Murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first
degree, kidnapping in the second degree, assault in the first
degree, assault in the second degree, assault of a child in the
first degree, assault of a child in the second degree, or burglary in the first degree; or
(iii) An attempt to commit any crime listed in this subsection (1)(a); or
(b) Has a prior conviction for an offense listed in *RCW
9.94A.030(31)(b), and is convicted of any sex offense other
than failure to register.
(2) An offender convicted of rape of a child in the first or
second degree or child molestation in the first degree who
was seventeen years of age or younger at the time of the
offense shall not be sentenced under this section.
(3)(a) Upon a finding that the offender is subject to sentencing under this section, the court shall impose a sentence
to a maximum term and a minimum term.
(b) The maximum term shall consist of the statutory
maximum sentence for the offense.
(c)(i) Except as provided in (c)(ii) of this subsection, the
minimum term shall be either within the standard sentence
range for the offense, or outside the standard sentence range
pursuant to RCW 9.94A.535, if the offender is otherwise eligible for such a sentence.
(ii) If the offense that caused the offender to be sentenced
under this section was rape of a child in the first degree, rape
of a child in the second degree, or child molestation in the
first degree, and there has been a finding that the offense was
predatory under RCW 9.94A.836, the minimum term shall be
either the maximum of the standard sentence range for the
9.94A.507
(2010 Ed.)
Sentencing Reform Act of 1981
offense or twenty-five years, whichever is greater. If the
offense that caused the offender to be sentenced under this
section was rape in the first degree, rape in the second degree,
indecent liberties by forcible compulsion, or kidnapping in
the first degree with sexual motivation, and there has been a
finding that the victim was under the age of fifteen at the time
of the offense under RCW 9.94A.837, the minimum term
shall be either the maximum of the standard sentence range
for the offense or twenty-five years, whichever is greater. If
the offense that caused the offender to be sentenced under
this section is rape in the first degree, rape in the second
degree with forcible compulsion, indecent liberties with forcible compulsion, or kidnapping in the first degree with sexual
motivation, and there has been a finding under RCW
9.94A.838 that the victim was, at the time of the offense,
developmentally disabled, mentally disordered, or a frail
elder or vulnerable adult, the minimum sentence shall be
either the maximum of the standard sentence range for the
offense or twenty-five years, whichever is greater.
(d) The minimum terms in (c)(ii) of this subsection do
not apply to a juvenile tried as an adult pursuant to RCW
13.04.030(1)(e) (i) or (v). The minimum term for such a
juvenile shall be imposed under (c)(i) of this subsection.
(4) A person sentenced under subsection (3) of this section shall serve the sentence in a facility or institution operated, or utilized under contract, by the state.
(5) When a court sentences a person to the custody of the
department under this section, the court shall, in addition to
the other terms of the sentence, sentence the offender to community custody under the supervision of the department and
the authority of the board for any period of time the person is
released from total confinement before the expiration of the
maximum sentence.
(6)(a) As part of any sentence under this section, the
court shall also require the offender to comply with any conditions imposed by the board under RCW 9.95.420 through
9.95.435.
(b) An offender released by the board under RCW
9.95.420 is subject to the supervision of the department until
the expiration of the maximum term of the sentence. The
department shall monitor the offender’s compliance with
conditions of community custody imposed by the court,
department, or board, and promptly report any violations to
the board. Any violation of conditions of community custody
established or modified by the board are subject to the provisions of RCW 9.95.425 through 9.95.440. [2008 c 231 § 33.
Prior: 2006 c 124 § 3; (2006 c 124 § 2 expired July 1, 2006);
2006 c 122 § 5; (2006 c 122 § 4 expired July 1, 2006); 2005
c 436 § 2; 2004 c 176 § 3; prior: 2001 2nd sp.s. c 12 § 303.
Formerly RCW 9.94A.712.]
Reviser’s note: *(1) The reference to RCW 9.94A.030(31)(b) was
apparently in error. The reference should be to RCW 9.94A.030(34)(b).
RCW 9.94A.030 was subsequently amended by 2010 c 224 § 1 and by 2010
c 274 § 401, changing subsection (34) to subsection (35).
(2) This section was recodified pursuant to the direction found in section 56(4), chapter 231, Laws of 2008.
(3) 2005 c 436 § 6 (an expiration date section) was repealed by 2006 c
131 § 2.
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
(2010 Ed.)
9.94A.510
Expiration date—2006 c 124 § 2: "Section 2 of this act expires July 1,
2006." [2006 c 124 § 4.]
Effective date—2006 c 124: See note following RCW 9.94A.030.
Effective date—2006 c 122 §§ 5 and 7: "Sections 5 and 7 of this act
take effect July 1, 2006." [2006 c 122 § 9.]
Expiration date—2006 c 122 §§ 4 and 6: "Sections 4 and 6 of this act
expire July 1, 2006." [2006 c 122 § 8.]
Effective date—2006 c 122 §§ 1-4 and 6: See note following RCW
9.94A.836.
Severability—Effective date—2004 c 176: See notes following RCW
9.94A.515.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.94A.510 Table 1—Sentencing grid.
9.94A.510
TABLE 1
Sentencing Grid
SERIOUSNESS
LEVEL
OFFENDER SCORE
0
1
2
3
4
5
XVILife Sentence without Parole/Death Penalty
6
7
8
XV 23y4m 24y4m 25y4m 26y4m 27y4m 28y4m 30y4m 32y10m36y
240-
250-
261-
271-
320
333
347
361
XIV 14y4m 15y4m 16y2m 17y
123134- 144- 154-
9 or
more
40y
281-
291-
312-
338-
370-
411-
374
388
416
450
493
548
17y11m 18y9m 20y5m 22y2m 25y7m 29y
165175- 195- 216- 257- 298-
220
234
244
254
265
275
295
316
357
397
XIII 12y
13y
14y
15y
16y
17y
19y
21y
25y
29y
123-
134-
144-
154-
165-
175-
195-
216-
257-
298-
164
XII 9y
178
192
205
219
233
260
288
342
397
9y11m 10y9m 11y8m 12y6m 13y5m 15y9m 17y3m 20y3m 23y3m
93-
102-
111-
120-
129-
138-
162-
178-
209-
240-
123
136
147
160
171
184
216
236
277
318
8y4m
9y2m
9y11m 10y9m 11y7m 14y2m 15y5m 17y11m20y5m
78102
86114
95125
102136
5y
5y6m
6y
6y6m 7y
7y6m
9y6m 10y6m 12y6m 14y6m
51-
57-
62-
67-
72-
77-
98-
108-
129-
149-
68
75
82
89
96
102
130
144
171
198
3y6m
36-
4y
41-
4y6m 5y
4651-
5y6m
57-
7y6m 8y6m
7787-
10y6m 12y6m
108- 129144
XI 7y6m
X
IX 3y
3141
111147
146194
159211
210280
48
54
61
75
102
3y
3y6m 4y
4y6m
6y6m 7y6m
8y6m
10y6m
26-
31-
36-
41-
46-
67-
87-
108-
34
2y
41
2y6m
48
3y
54
3y6m
61
4y
89
102
5y6m 6y6m
116
7y6m
144
8y6m
15-
21-
26-
31-
36-
41-
57-
67-
77-
87-
20
27
34
41
48
54
75
89
102
116
18m
2y
2y6m 3y
3y6m
4y6m 5y6m
6y6m
7y6m
12+14
1520
2127
2634
3648
4661
6789
77102
9m
13m
15m
18m
2y2m
3y2m
4y
5y
6y
7y
6-
12+-
13-
15-
22-
33-
41-
51-
62-
72-
12
14
17
20
29
43
54
68
82
96
IV 6m
9m
13m
15m
18m
2y2m
3y2m 4y2m
5y2m
6y2m
612
12+14
1317
1520
2229
3343
5370
6384
2127
VII 18m
VI 13m
V
39
III 2m
3141
116
185245
2y6m
VIII 2y
68
120158
77-
5775
4357
171
5m
8m
11m
14m
20m
2y2m 3y2m
4y2m
5y
1-
3-
4-
9-
12+-
17-
22-
33-
43-
51-
3
8
12
12
16
22
29
43
57
68
[Title 9 RCW—page 121]
9.94A.515
II
Title 9 RCW: Crimes and Punishments
4m
6m
8m
13m
16m
20m
2y2m
3y2m
4y2m
0-90
2-
3-
4-
12+-
14-
17-
22-
33-
43-
Days
6
9
12
14
18
22
29
43
57
3m
4m
5m
8m
13m
16m
20m
2y2m
25
26
38
412
12+14
1418
1722
2229
I
0-60
Days
0-90
Days
Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and
months(m). Numbers in the second and third rows represent
standard sentence ranges in months, or in days if so designated. 12+ equals one year and one day. [2002 c 290 § 10.
Prior: 2000 c 132 § 2; 2000 c 28 § 11; prior: 1999 c 352 § 2;
1999 c 324 § 3; prior: 1998 c 235 § 1; 1998 c 211 § 3; prior:
1997 c 365 § 3; 1997 c 338 § 50; 1996 c 205 § 5; 1995 c 129
§ 2 (Initiative Measure No. 159); (1994 sp.s. c 7 § 512
repealed by 1995 c 129 § 19 (Initiative Measure No. 159));
1992 c 145 § 9; 1991 c 32 § 2; 1990 c 3 § 701; prior: 1989 c
271 § 101; 1989 c 124 § 1; 1988 c 218 § 1; 1986 c 257 § 22;
1984 c 209 § 16; 1983 c 115 § 2. Formerly RCW 9.94A.310.]
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Findings and intent—1995 c 129: "(1) The people of the state of
Washington find and declare that:
(a) Armed criminals pose an increasing and major threat to public
safety and can turn any crime into serious injury or death.
(b) Criminals carry deadly weapons for several key reasons including:
Forcing the victim to comply with their demands; injuring or killing anyone
who tries to stop the criminal acts; and aiding the criminal in escaping.
(c) Current law does not sufficiently stigmatize the carrying and use of
deadly weapons by criminals, and far too often there are no deadly weapon
enhancements provided for many felonies, including murder, arson, manslaughter, and child molestation and many other sex offenses including child
luring.
(d) Current law also fails to distinguish between gun-carrying criminals
and criminals carrying knives or clubs.
(2) By increasing the penalties for carrying and using deadly weapons
by criminals and closing loopholes involving armed criminals, the people
intend to:
(a) Stigmatize the carrying and use of any deadly weapons for all felonies with proper deadly weapon enhancements.
(b) Reduce the number of armed offenders by making the carrying and
use of the deadly weapon not worth the sentence received upon conviction.
(c) Distinguish between the gun predators and criminals carrying other
deadly weapons and provide greatly increased penalties for gun predators
and for those offenders committing crimes to acquire firearms.
(d) Bring accountability and certainty into the sentencing system by
tracking individual judges and holding them accountable for their sentencing
practices in relation to the state’s sentencing guidelines for serious crimes."
[1995 c 129 § 1 (Initiative Measure No. 159).]
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9.94A.515 Table 2—Crimes included within each
seriousness level.
9.94A.515
TABLE 2
CRIMES INCLUDED WITHIN EACH
SERIOUSNESS LEVEL
XVI Aggravated Murder 1 (RCW
10.95.020)
[Title 9 RCW—page 122]
XV Homicide by abuse (RCW 9A.32.055)
Malicious explosion 1 (RCW
70.74.280(1))
Murder 1 (RCW 9A.32.030)
XIV Murder 2 (RCW 9A.32.050)
Trafficking 1 (RCW 9A.40.100(1))
XIII Malicious explosion 2 (RCW
70.74.280(2))
Malicious placement of an explosive 1
(RCW 70.74.270(1))
XII Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
Malicious placement of an imitation
device 1 (RCW 70.74.272(1)(a))
Promoting Commercial Sexual Abuse of
a Minor (RCW 9.68A.101)
Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
Trafficking 2 (RCW 9A.40.100(2))
XI Manslaughter 1 (RCW 9A.32.060)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
X Child Molestation 1 (RCW 9A.44.083)
Criminal Mistreatment 1 (RCW
9A.42.020)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Kidnapping 1 (RCW 9A.40.020)
Leading Organized Crime (RCW
9A.82.060(1)(a))
Malicious explosion 3 (RCW
70.74.280(3))
Sexually Violent Predator Escape
(RCW 9A.76.115)
IX Abandonment of Dependent Person 1
(RCW 9A.42.060)
Assault of a Child 2 (RCW 9A.36.130)
Explosive devices prohibited (RCW
70.74.180)
Hit and Run—Death (RCW
46.52.020(4)(a))
Homicide by Watercraft, by being
under the influence of intoxicating
liquor or any drug (RCW
79A.60.050)
Inciting Criminal Profiteering (RCW
9A.82.060(1)(b))
Malicious placement of an explosive 2
(RCW 70.74.270(2))
Robbery 1 (RCW 9A.56.200)
Sexual Exploitation (RCW 9.68A.040)
(2010 Ed.)
Sentencing Reform Act of 1981
Vehicular Homicide, by being under
the influence of intoxicating liquor
or any drug (RCW 46.61.520)
VIII Arson 1 (RCW 9A.48.020)
Commercial Sexual Abuse of a Minor
(RCW 9.68A.100)
Homicide by Watercraft, by the operation of any vessel in a reckless
manner (RCW 79A.60.050)
Manslaughter 2 (RCW 9A.32.070)
Promoting Prostitution 1 (RCW
9A.88.070)
Theft of Ammonia (RCW 69.55.010)
Vehicular Homicide, by the operation
of any vehicle in a reckless manner
(RCW 46.61.520)
VII Burglary 1 (RCW 9A.52.020)
Child Molestation 2 (RCW 9A.44.086)
Civil Disorder Training (RCW
9A.48.120)
Dealing in depictions of minor engaged
in sexually explicit conduct 1 (RCW
9.68A.050(1))
Drive-by Shooting (RCW 9A.36.045)
Homicide by Watercraft, by disregard
for the safety of others (RCW
79A.60.050)
Indecent Liberties (without forcible
compulsion) (RCW 9A.44.100(1)
(b) and (c))
Introducing Contraband 1 (RCW
9A.76.140)
Malicious placement of an explosive 3
(RCW 70.74.270(3))
Negligently Causing Death By Use of a
Signal Preemption Device (RCW
46.37.675)
Sending, bringing into state depictions
of minor engaged in sexually
explicit conduct 1 (RCW
9.68A.060(1))
Unlawful Possession of a Firearm in
the first degree (RCW 9.41.040(1))
Use of a Machine Gun in Commission
of a Felony (RCW 9.41.225)
Vehicular Homicide, by disregard for
the safety of others (RCW
46.61.520)
VI Bail Jumping with Murder 1 (RCW
9A.76.170(3)(a))
Bribery (RCW 9A.68.010)
Incest 1 (RCW 9A.64.020(1))
Intimidating a Judge (RCW 9A.72.160)
(2010 Ed.)
9.94A.515
Intimidating a Juror/Witness (RCW
9A.72.110, 9A.72.130)
Malicious placement of an imitation
device 2 (RCW 70.74.272(1)(b))
Possession of Depictions of a Minor
Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1))
Rape of a Child 3 (RCW 9A.44.079)
Theft of a Firearm (RCW 9A.56.300)
Unlawful Storage of Ammonia (RCW
69.55.020)
V Abandonment of Dependent Person 2
(RCW 9A.42.070)
Advancing money or property for
extortionate extension of credit
(RCW 9A.82.030)
Bail Jumping with class A Felony
(RCW 9A.76.170(3)(b))
Child Molestation 3 (RCW 9A.44.089)
Criminal Mistreatment 2 (RCW
9A.42.030)
Custodial Sexual Misconduct 1 (RCW
9A.44.160)
Dealing in Depictions of Minor Engaged
in Sexually Explicit Conduct 2
(RCW 9.68A.050(2))
Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050,
26.09.300, 26.10.220, 26.26.138,
26.50.110, 26.52.070, or 74.34.145)
Driving While Under the Influence
(RCW 46.61.502(6))
Extortion 1 (RCW 9A.56.120)
Extortionate Extension of Credit (RCW
9A.82.020)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Incest 2 (RCW 9A.64.020(2))
Kidnapping 2 (RCW 9A.40.030)
Perjury 1 (RCW 9A.72.020)
Persistent prison misbehavior (RCW
9.94.070)
Physical Control of a Vehicle While
Under the Influence (RCW
46.61.504(6))
Possession of a Stolen Firearm (RCW
9A.56.310)
Rape 3 (RCW 9A.44.060)
Rendering Criminal Assistance 1
(RCW 9A.76.070)
Sending, Bringing into State Depictions
of Minor Engaged in Sexually
Explicit Conduct 2 (RCW
9.68A.060(2))
[Title 9 RCW—page 123]
9.94A.515
Title 9 RCW: Crimes and Punishments
Sexual Misconduct with a Minor 1
(RCW 9A.44.093)
Sexually Violating Human Remains
(RCW 9A.44.105)
Stalking (RCW 9A.46.110)
Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070)
IV Arson 2 (RCW 9A.48.030)
Assault 2 (RCW 9A.36.021)
Assault 3 (of a Peace Officer with a
Projectile Stun Gun) (RCW
9A.36.031(1)(h))
Assault by Watercraft (RCW
79A.60.060)
Bribing a Witness/Bribe Received by
Witness (RCW 9A.72.090,
9A.72.100)
Cheating 1 (RCW 9.46.1961)
Commercial Bribery (RCW 9A.68.060)
Counterfeiting (RCW 9.16.035(4))
Endangerment with a Controlled Substance (RCW 9A.42.100)
Escape 1 (RCW 9A.76.110)
Hit and Run—Injury (RCW
46.52.020(4)(b))
Hit and Run with Vessel—Injury Accident (RCW 79A.60.200(3))
Identity Theft 1 (RCW 9.35.020(2))
Indecent Exposure to Person Under
Age Fourteen (subsequent sex
offense) (RCW 9A.88.010)
Influencing Outcome of Sporting Event
(RCW 9A.82.070)
Malicious Harassment (RCW
9A.36.080)
Possession of Depictions of a Minor
Engaged in Sexually Explicit Conduct 2 (RCW 9.68[A].070(2))
Residential Burglary (RCW
9A.52.025)
Robbery 2 (RCW 9A.56.210)
Theft of Livestock 1 (RCW 9A.56.080)
Threats to Bomb (RCW 9.61.160)
Trafficking in Stolen Property 1 (RCW
9A.82.050)
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(b))
Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3))
[Title 9 RCW—page 124]
Unlawful transaction of health coverage
as a health maintenance organization (RCW 48.46.033(3))
Unlawful transaction of insurance business (RCW 48.15.023(3))
Unlicensed practice as an insurance professional (RCW 48.17.063(2))
Use of Proceeds of Criminal Profiteering
(RCW 9A.82.080 (1) and (2))
Vehicular Assault, by being under the
influence of intoxicating liquor or
any drug, or by the operation or
driving of a vehicle in a reckless
manner (RCW 46.61.522)
Viewing of Depictions of a Minor
Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1))
Willful Failure to Return from Furlough
(*RCW 72.66.060)
III Animal Cruelty 1 (Sexual Conduct or
Contact) (RCW 16.52.205(3))
Assault 3 (Except Assault 3 of a Peace
Officer With a Projectile Stun
Gun) (RCW 9A.36.031 except
subsection (1)(h))
Assault of a Child 3 (RCW 9A.36.140)
Bail Jumping with class B or C Felony
(RCW 9A.76.170(3)(c))
Burglary 2 (RCW 9A.52.030)
Communication with a Minor for
Immoral Purposes (RCW
9.68A.090)
Criminal Gang Intimidation (RCW
9A.46.120)
Custodial Assault (RCW 9A.36.100)
Cyberstalking (subsequent conviction
or threat of death) (RCW
9.61.260(3))
Escape 2 (RCW 9A.76.120)
Extortion 2 (RCW 9A.56.130)
Harassment (RCW 9A.46.020)
Intimidating a Public Servant (RCW
9A.76.180)
Introducing Contraband 2 (RCW
9A.76.150)
Malicious Injury to Railroad Property
(RCW 81.60.070)
Mortgage Fraud (RCW 19.144.080)
Negligently Causing Substantial Bodily
Harm By Use of a Signal Preemption Device (RCW 46.37.674)
Organized Retail Theft 1 (RCW
9A.56.350(2))
Perjury 2 (RCW 9A.72.030)
(2010 Ed.)
Sentencing Reform Act of 1981
Possession of Incendiary Device (RCW
9.40.120)
Possession of Machine Gun or ShortBarreled Shotgun or Rifle (RCW
9.41.190)
Promoting Prostitution 2 (RCW
9A.88.080)
Retail Theft with Extenuating Circumstances 1 (RCW 9A.56.360(2))
Securities Act violation (RCW
21.20.400)
Tampering with a Witness (RCW
9A.72.120)
Telephone Harassment (subsequent
conviction or threat of death)
(RCW 9.61.230(2))
Theft of Livestock 2 (RCW 9A.56.083)
Theft with the Intent to Resell 1 (RCW
9A.56.340(2))
Trafficking in Stolen Property 2 (RCW
9A.82.055)
Unlawful Imprisonment (RCW
9A.40.040)
Unlawful possession of firearm in the
second degree (RCW 9.41.040(2))
Vehicular Assault, by the operation or
driving of a vehicle with disregard
for the safety of others (RCW
46.61.522)
Willful Failure to Return from Work
Release (*RCW 72.65.070)
II Computer Trespass 1 (RCW
9A.52.110)
Counterfeiting (RCW 9.16.035(3))
Escape from Community Custody
(RCW 72.09.310)
Failure to Register as a Sex Offender
(second or subsequent offense)
(**RCW 9A.44.130(11)(a))
Health Care False Claims (RCW
48.80.030)
Identity Theft 2 (RCW 9.35.020(3))
Improperly Obtaining Financial Information (RCW 9.35.010)
Malicious Mischief 1 (RCW
9A.48.070)
Organized Retail Theft 2 (RCW
9A.56.350(3))
Possession of Stolen Property 1 (RCW
9A.56.150)
Possession of a Stolen Vehicle (RCW
9A.56.068)
Retail Theft with Extenuating Circumstances 2 (RCW 9A.56.360(3))
(2010 Ed.)
9.94A.515
Theft 1 (RCW 9A.56.030)
Theft of a Motor Vehicle (RCW
9A.56.065)
Theft of Rental, Leased, or Lease-purchased Property (valued at one
thousand five hundred dollars or
more) (RCW 9A.56.096(5)(a))
Theft with the Intent to Resell 2 (RCW
9A.56.340(3))
Trafficking in Insurance Claims (RCW
48.30A.015)
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(a))
Unlawful Practice of Law (RCW
2.48.180)
Unlicensed Practice of a Profession or
Business (RCW 18.130.190(7))
Voyeurism (RCW 9A.44.115)
I Attempting to Elude a Pursuing Police
Vehicle (RCW 46.61.024)
False Verification for Welfare (RCW
74.08.055)
Forgery (RCW 9A.60.020)
Fraudulent Creation or Revocation of a
Mental Health Advance Directive
(RCW 9A.60.060)
Malicious Mischief 2 (RCW
9A.48.080)
Mineral Trespass (RCW 78.44.330)
Possession of Stolen Property 2 (RCW
9A.56.160)
Reckless Burning 1 (RCW 9A.48.040)
Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075)
Theft 2 (RCW 9A.56.040)
Theft of Rental, Leased, or Lease-purchased Property (valued at two
hundred fifty dollars or more but
less than one thousand five hundred dollars) (RCW
9A.56.096(5)(b))
Transaction of insurance business
beyond the scope of licensure
(RCW 48.17.063)
Unlawful Issuance of Checks or Drafts
(RCW 9A.56.060)
Unlawful Possession of Fictitious Identification (RCW 9A.56.320)
Unlawful Possession of Instruments of
Financial Fraud (RCW 9A.56.320)
Unlawful Possession of Payment
Instruments (RCW 9A.56.320)
[Title 9 RCW—page 125]
9.94A.515
Title 9 RCW: Crimes and Punishments
Unlawful Possession of a Personal
Identification Device (RCW
9A.56.320)
Unlawful Production of Payment
Instruments (RCW 9A.56.320)
Unlawful Trafficking in Food Stamps
(RCW 9.91.142)
Unlawful Use of Food Stamps (RCW
9.91.144)
Vehicle Prowl 1 (RCW 9A.52.095)
[2010 c 289 § 11; 2010 c 227 § 9. Prior: 2008 c 108 § 23;
2008 c 38 § 1; prior: 2007 c 368 § 14; 2007 c 199 § 10; prior:
2006 c 277 § 6; 2006 c 228 § 9; 2006 c 191 § 2; 2006 c 139 §
2; 2006 c 128 § 3; 2006 c 73 § 12; prior: (2006 c 125 § 5
repealed by 2006 c 126 § 7); 2005 c 458 § 2; 2005 c 183 § 9;
prior: 2004 c 176 § 2; 2004 c 94 § 3; (2004 c 94 § 2 expired
July 1, 2004); prior: 2003 c 335 § 5; (2003 c 335 § 4 expired
July 1, 2004); 2003 c 283 § 33; (2003 c 283 § 32 expired July
1, 2004); 2003 c 267 § 3; (2003 c 267 § 2 expired July 1,
2004); 2003 c 250 § 14; (2003 c 250 § 13 expired July 1,
2004); 2003 c 119 § 8; (2003 c 119 § 7 expired July 1, 2004);
2003 c 53 § 56; 2003 c 52 § 4; (2003 c 52 § 3 expired July 1,
2004); prior: 2002 c 340 § 2; 2002 c 324 § 2; 2002 c 290 § 7;
(2002 c 290 § 2 expired July 1, 2003); 2002 c 253 § 4; 2002
c 229 § 2; 2002 c 134 § 2; 2002 c 133 § 4; prior: 2001 2nd
sp.s. c 12 § 361; 2001 c 300 § 4; 2001 c 217 § 12; 2001 c 17
§ 1; prior: 2001 c 310 § 4; 2001 c 287 § 3; 2001 c 224 § 3;
2001 c 222 § 24; 2001 c 207 § 3; 2000 c 225 § 5; 2000 c 119
§ 17; 2000 c 66 § 2; prior: 1999 c 352 § 3; 1999 c 322 § 5;
1999 c 45 § 4; prior: 1998 c 290 § 4; 1998 c 219 § 4; 1998 c
82 § 1; 1998 c 78 § 1; prior: 1997 c 365 § 4; 1997 c 346 § 3;
1997 c 340 § 1; 1997 c 338 § 51; 1997 c 266 § 15; 1997 c 120
§ 5; prior: 1996 c 302 § 6; 1996 c 205 § 3; 1996 c 36 § 2;
prior: 1995 c 385 § 2; 1995 c 285 § 28; 1995 c 129 § 3 (Initiative Measure No. 159); prior: (1994 sp.s. c 7 § 510
repealed by 1995 c 129 § 19 (Initiative Measure No. 159));
1994 c 275 § 20; 1994 c 53 § 2; prior: 1992 c 145 § 4; 1992
c 75 § 3; 1991 c 32 § 3; 1990 c 3 § 702; prior: 1989 2nd ex.s.
c 1 § 3; 1989 c 412 § 3; 1989 c 405 § 1; 1989 c 271 § 102;
1989 c 99 § 1; prior: 1988 c 218 § 2; 1988 c 145 § 12; 1988
c 62 § 2; prior: 1987 c 224 § 1; 1987 c 187 § 4; 1986 c 257 §
23; 1984 c 209 § 17; 1983 c 115 § 3. Formerly RCW
9.94A.320.]
Reviser’s note: *(1) RCW 72.66.060 and 72.65.070 were repealed by
2001 c 264 § 7. Cf. 2001 c 264 § 8.
**(2) 2010 c 267 removed from RCW 9A.44.130 provisions relating to
the crime of "failure to register" as a sex offender or kidnapping offender,
and placed similar provisions in RCW 9A.44.132.
(3) This section was amended by 2010 c 227 § 9 and by 2010 c 289 §
11, each without reference to the other. Both amendments are incorporated
in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—2008 c 108: See RCW 19.144.005.
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
Intent—Severability—Effective date—2006 c 125: See notes following RCW 9A.44.190.
Effective date—2006 c 73: See note following RCW 46.61.502.
Severability—2004 c 176: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
[Title 9 RCW—page 126]
the application of the provision to other persons or circumstances is not
affected." [2004 c 176 § 8.]
Effective date—2004 c 176: "Sections 2 through 6 of this act take
effect July 1, 2005." [2004 c 176 § 9.]
Expiration date—2004 c 94 § 2: "Section 2 of this act expires July 1,
2004." [2004 c 94 § 8.]
Severability—Effective dates—2004 c 94: See notes following RCW
9.61.260.
Effective date—2003 c 335 § 5: "Section 5 of this act takes effect July
1, 2004." [2003 c 335 § 8.]
Expiration date—2003 c 335 § 4: "Section 4 of this act expires July 1,
2004." [2003 c 335 § 7.]
Effective date—2003 c 283 § 33: "Section 33 of this act takes effect
July 1, 2004." [2003 c 283 § 37.]
Expiration date—2003 c 283 § 32: "Section 32 of this act expires July
1, 2004." [2003 c 283 § 36.]
Severability—Part headings not law—2003 c 283: See RCW
71.32.900 and 71.32.901.
Effective date—2003 c 267 § 3: "Section 3 of this act takes effect July
1, 2004." [2003 c 267 § 9.]
Expiration date—2003 c 267 § 2: "Section 2 of this act expires July 1,
2004." [2003 c 267 § 8.]
Effective date—2003 c 250 § 14: "Section 14 of this act takes effect
July 1, 2004." [2003 c 250 § 17.]
Expiration date—2003 c 250 § 13: "Section 13 of this act expires July
1, 2004." [2003 c 250 § 16.]
Severability—2003 c 250: See note following RCW 48.01.080.
Effective date—2003 c 119 § 8: "Section 8 of this act takes effect July
1, 2004." [2003 c 119 § 10.]
Expiration date—2003 c 119 § 7: "Section 7 of this act expires July 1,
2004." [2003 c 119 § 9.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2003 c 52 § 4: "Section 4 of this act takes effect July
1, 2004." [2003 c 52 § 6.]
Expiration date—2003 c 52 § 3: "Section 3 of this act expires July 1,
2004." [2003 c 52 § 5.]
Study and report—2002 c 324: See note following RCW 9A.56.070.
Effective date—2002 c 290 §§ 7-11 and 14-23: "Sections 7 through 11
and 14 through 23 of this act take effect July 1, 2003." [2003 c 379 § 10;
2002 c 290 § 31.]
Effective date—2002 c 290 §§ 2 and 3: "Sections 2 and 3 of this act
take effect July 1, 2002, and apply to crimes committed on or after July 1,
2002." [2002 c 290 § 29.]
Expiration date—2002 c 290 § 2: "Section 2 of this act expires July 1,
2003." [2003 c 379 § 9; 2002 c 290 § 30.]
Intent—2002 c 290: See note following RCW 9.94A.517.
Effective date—2002 c 229: See note following RCW 9A.42.100.
Effective date—2002 c 134: See note following RCW 69.50.440.
Effective date—2002 c 133: See note following RCW 69.55.010.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Purpose—Effective date—2001 c 310: See notes following RCW
2.48.180.
Effective dates—2001 c 287: See note following RCW 9A.76.115.
Purpose—Effective date—2001 c 224: See notes following RCW
9A.68.060.
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Purpose—Effective date—2001 c 207: See notes following RCW
18.130.190.
(2010 Ed.)
Sentencing Reform Act of 1981
Severability—2000 c 225: See note following RCW 69.55.010.
Effective date—2000 c 119 § 17: "Section 17 of this act takes effect
July 1, 2000." [2000 c 119 § 30.]
Application—2000 c 119: See note following RCW 26.50.021.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Finding—Intent—Severability—Effective dates—1994 sp.s. c 7:
See notes following RCW 43.70.540.
Finding—Intent—1989 c 271 §§ 102, 109, and 110: See note following RCW 9A.36.050.
Additional notes found at www.leg.wa.gov
9.94A.517 Table 3—Drug offense sentencing grid.
9.94A.517
(1)
TABLE 3
DRUG OFFENSE SENTENCING GRID
Seriousness
Level
III
II
I
Offender Score
0 to 2
51 to 68 months
12+ to 20 months
0 to 6 months
Offender Score
3 to 5
68+ to 100 months
20+ to 60 months
6+ to 18 months
Offender Score
6 to 9 or more
100+ to 120 months
60+ to 120 months
12+ to 24 months
References to months represent the standard sentence ranges.
12+ equals one year and one day.
(2) The court may utilize any other sanctions or alternatives as authorized by law, including but not limited to the
special drug offender sentencing alternative under RCW
9.94A.660 or drug court under RCW 2.28.170.
(3) Nothing in this section creates an entitlement for a
criminal defendant to any specific sanction, alternative, sentence option, or substance abuse treatment. [2002 c 290 § 8.]
Intent—2002 c 290: "It is the intent of the legislature to increase the
use of effective substance abuse treatment for defendants and offenders in
Washington in order to make frugal use of state and local resources, thus
reducing recidivism and increasing the likelihood that defendants and
offenders will become productive and law-abiding persons. The legislature
recognizes that substance abuse treatment can be effective if it is well
planned and involves adequate monitoring, and that substance abuse and
addiction is a public safety and public health issue that must be more effectively addressed if recidivism is to be reduced. The legislature intends that
sentences for drug offenses accurately reflect the adverse impact of substance abuse and addiction on public safety, that the public must have protection from violent offenders, and further intends that such sentences be based
on policies that are supported by research and public policy goals established
by the legislature." [2002 c 290 § 1.]
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
9.94A.518 Table 4—Drug offenses seriousness level.
9.94A.518
TABLE 4
DRUG OFFENSES
INCLUDED WITHIN EACH
SERIOUSNESS LEVEL
III Any felony offense under chapter 69.50
RCW with a deadly weapon special
verdict under *RCW 9.94A.602
(2010 Ed.)
9.94A.518
Controlled Substance Homicide (RCW
69.50.415)
Delivery of imitation controlled substance by person eighteen or over to
person under eighteen (RCW
69.52.030(2))
Involving a minor in drug dealing (RCW
69.50.4015)
Manufacture of methamphetamine
(RCW 69.50.401(2)(b))
Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or
II, or flunitrazepam from Schedule
IV to someone under 18 (RCW
69.50.406)
Over 18 and deliver narcotic from
Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to
someone under 18 and 3 years junior
(RCW 69.50.406)
Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with
intent to manufacture
methamphetamine (**RCW
69.50.440)
Selling for profit (controlled or counterfeit) any controlled substance (RCW
69.50.410)
II Create, deliver, or possess a counterfeit
controlled substance (RCW
69.50.4011)
Deliver or possess with intent to deliver
methamphetamine (RCW
69.50.401(2)(b))
Delivery of a material in lieu of a controlled substance (RCW
69.50.4012)
Maintaining a Dwelling or Place for
Controlled Substances (RCW
69.50.402(1)(f))
Manufacture, deliver, or possess with
intent to deliver amphetamine
(RCW 69.50.401(2)(b))
Manufacture, deliver, or possess with
intent to deliver narcotics from
Schedule I or II or flunitrazepam
from Schedule IV (RCW
69.50.401(2)(a))
Manufacture, deliver, or possess with
intent to deliver narcotics from
Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW
69.50.401(2) (c) through (e))
[Title 9 RCW—page 127]
9.94A.520
Title 9 RCW: Crimes and Punishments
Manufacture, distribute, or possess with
intent to distribute an imitation controlled substance (RCW
69.52.030(1))
I Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled
Substance (RCW 69.50.403)
Manufacture, deliver, or possess with
intent to deliver marijuana (RCW
69.50.401(2)(c))
Possess Controlled Substance that is a
Narcotic from Schedule III, IV, or V
or Nonnarcotic from Schedule I-V
(RCW 69.50.4013)
Possession of Controlled Substance that
is either heroin or narcotics from
Schedule I or II (RCW 69.50.4013)
Unlawful Use of Building for Drug Purposes (RCW 69.53.010)
[2003 c 53 § 57; 2002 c 290 § 9.]
Reviser’s note: *(1) RCW 9.94A.602 was recodified as RCW
9.94A.825 pursuant to 2009 c 28 § 41.
**(2) cf. 2002 c 134 § 1.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
9.94A.520 Offense seriousness level. The offense seriousness level is determined by the offense of conviction.
[1990 c 3 § 703; 1983 c 115 § 6. Formerly RCW 9.94A.350.]
9.94A.520
Additional notes found at www.leg.wa.gov
9.94A.525 Offender score. The offender score is measured on the horizontal axis of the sentencing grid. The
offender score rules are as follows:
The offender score is the sum of points accrued under
this section rounded down to the nearest whole number.
(1) A prior conviction is a conviction which exists before
the date of sentencing for the offense for which the offender
score is being computed. Convictions entered or sentenced
on the same date as the conviction for which the offender
score is being computed shall be deemed "other current
offenses" within the meaning of RCW 9.94A.589.
(2)(a) Class A and sex prior felony convictions shall
always be included in the offender score.
(b) Class B prior felony convictions other than sex
offenses shall not be included in the offender score, if since
the last date of release from confinement (including full-time
residential treatment) pursuant to a felony conviction, if any,
or entry of judgment and sentence, the offender had spent ten
consecutive years in the community without committing any
crime that subsequently results in a conviction.
(c) Except as provided in (e) of this subsection, class C
prior felony convictions other than sex offenses shall not be
included in the offender score if, since the last date of release
from confinement (including full-time residential treatment)
9.94A.525
[Title 9 RCW—page 128]
pursuant to a felony conviction, if any, or entry of judgment
and sentence, the offender had spent five consecutive years in
the community without committing any crime that subsequently results in a conviction.
(d) Except as provided in (e) of this subsection, serious
traffic convictions shall not be included in the offender score
if, since the last date of release from confinement (including
full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender
spent five years in the community without committing any
crime that subsequently results in a conviction.
(e) If the present conviction is felony driving while under
the influence of intoxicating liquor or any drug (RCW
46.61.502(6)) or felony physical control of a vehicle while
under the influence of intoxicating liquor or any drug (RCW
46.61.504(6)), prior convictions of felony driving while
under the influence of intoxicating liquor or any drug, felony
physical control of a vehicle while under the influence of
intoxicating liquor or any drug, and serious traffic offenses
shall be included in the offender score if: (i) The prior convictions were committed within five years since the last date
of release from confinement (including full-time residential
treatment) or entry of judgment and sentence; or (ii) the prior
convictions would be considered "prior offenses within ten
years" as defined in RCW 46.61.5055.
(f) This subsection applies to both adult and juvenile
prior convictions.
(3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for
offenses shall be classified according to the comparable
offense definitions and sentences provided by Washington
law. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered
subject to exclusive federal jurisdiction, the offense shall be
scored as a class C felony equivalent if it was a felony under
the relevant federal statute.
(4) Score prior convictions for felony anticipatory
offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed
offenses.
(5)(a) In the case of multiple prior convictions, for the
purpose of computing the offender score, count all convictions separately, except:
(i) Prior offenses which were found, under RCW
9.94A.589(1)(a), to encompass the same criminal conduct,
shall be counted as one offense, the offense that yields the
highest offender score. The current sentencing court shall
determine with respect to other prior adult offenses for which
sentences were served concurrently or prior juvenile offenses
for which sentences were served consecutively, whether
those offenses shall be counted as one offense or as separate
offenses using the "same criminal conduct" analysis found in
RCW 9.94A.589(1)(a), and if the court finds that they shall
be counted as one offense, then the offense that yields the
highest offender score shall be used. The current sentencing
court may presume that such other prior offenses were not the
same criminal conduct from sentences imposed on separate
dates, or in separate counties or jurisdictions, or in separate
complaints, indictments, or informations;
(2010 Ed.)
Sentencing Reform Act of 1981
(ii) In the case of multiple prior convictions for offenses
committed before July 1, 1986, for the purpose of computing
the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions
entered on the same date as one offense. Use the conviction
for the offense that yields the highest offender score.
(b) As used in this subsection (5), "served concurrently"
means that: (i) The latter sentence was imposed with specific
reference to the former; (ii) the concurrent relationship of the
sentences was judicially imposed; and (iii) the concurrent
timing of the sentences was not the result of a probation or
parole revocation on the former offense.
(6) If the present conviction is one of the anticipatory
offenses of criminal attempt, solicitation, or conspiracy,
count each prior conviction as if the present conviction were
for a completed offense. When these convictions are used as
criminal history, score them the same as a completed crime.
(7) If the present conviction is for a nonviolent offense
and not covered by subsection (11), (12), or (13) of this section, count one point for each adult prior felony conviction
and one point for each juvenile prior violent felony conviction and 1/2 point for each juvenile prior nonviolent felony
conviction.
(8) If the present conviction is for a violent offense and
not covered in subsection (9), (10), (11), (12), or (13) of this
section, count two points for each prior adult and juvenile
violent felony conviction, one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.
(9) If the present conviction is for a serious violent
offense, count three points for prior adult and juvenile convictions for crimes in this category, two points for each prior
adult and juvenile violent conviction (not already counted),
one point for each prior adult nonviolent felony conviction,
and 1/2 point for each prior juvenile nonviolent felony conviction.
(10) If the present conviction is for Burglary 1, count
prior convictions as in subsection (8) of this section; however
count two points for each prior adult Burglary 2 or residential
burglary conviction, and one point for each prior juvenile
Burglary 2 or residential burglary conviction.
(11) If the present conviction is for a felony traffic
offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault; for
each felony offense count one point for each adult and 1/2
point for each juvenile prior conviction; for each serious traffic offense, other than those used for an enhancement pursuant to RCW 46.61.520(2), count one point for each adult and
1/2 point for each juvenile prior conviction; count one point
for each adult and 1/2 point for each juvenile prior conviction
for operation of a vessel while under the influence of intoxicating liquor or any drug.
(12) If the present conviction is for homicide by watercraft or assault by watercraft count two points for each adult
or juvenile prior conviction for homicide by watercraft or
assault by watercraft; for each felony offense count one point
for each adult and 1/2 point for each juvenile prior conviction; count one point for each adult and 1/2 point for each
juvenile prior conviction for driving under the influence of
intoxicating liquor or any drug, actual physical control of a
motor vehicle while under the influence of intoxicating liquor
(2010 Ed.)
9.94A.525
or any drug, or operation of a vessel while under the influence
of intoxicating liquor or any drug.
(13) If the present conviction is for manufacture of methamphetamine count three points for each adult prior manufacture of methamphetamine conviction and two points for
each juvenile manufacture of methamphetamine offense. If
the present conviction is for a drug offense and the offender
has a criminal history that includes a sex offense or serious
violent offense, count three points for each adult prior felony
drug offense conviction and two points for each juvenile drug
offense. All other adult and juvenile felonies are scored as in
subsection (8) of this section if the current drug offense is
violent, or as in subsection (7) of this section if the current
drug offense is nonviolent.
(14) If the present conviction is for Escape from Community Custody, RCW 72.09.310, count only prior escape
convictions in the offender score. Count adult prior escape
convictions as one point and juvenile prior escape convictions as 1/2 point.
(15) If the present conviction is for Escape 1, RCW
9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior
convictions as one point and juvenile prior convictions as 1/2
point.
(16) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (7) of this section; however, count two points for each adult and juvenile
prior Burglary 1 conviction, two points for each adult prior
Burglary 2 or residential burglary conviction, and one point
for each juvenile prior Burglary 2 or residential burglary conviction.
(17) If the present conviction is for a sex offense, count
priors as in subsections (7) through (11) and (13) through
(16) of this section; however count three points for each adult
and juvenile prior sex offense conviction.
(18) If the present conviction is for failure to register as
a sex offender under *RCW 9A.44.130(11), count priors as in
subsections (7) through (11) and (13) through (16) of this section; however count three points for each adult and juvenile
prior sex offense conviction, excluding prior convictions for
f a ilur e to r e gis te r a s a sex o ff e n de r u nd e r *R CW
9A.44.130(11), which shall count as one point.
(19) If the present conviction is for an offense committed
while the offender was under community custody, add one
point. For purposes of this subsection, community custody
includes community placement or postrelease supervision, as
defined in chapter 9.94B RCW.
(20) If the present conviction is for Theft of a Motor
Vehicle, Possession of a Stolen Vehicle, Taking a Motor
Vehicle Without Permission 1, or Taking a Motor Vehicle
Without Permission 2, count priors as in subsections (7)
through (18) of this section; however count one point for
prior convictions of Vehicle Prowling 2, and three points for
each adult and juvenile prior Theft 1 (of a motor vehicle),
Theft 2 (of a motor vehicle), Possession of Stolen Property 1
(of a motor vehicle), Possession of Stolen Property 2 (of a
motor vehicle), Theft of a Motor Vehicle, Possession of a
Stolen Vehicle, Taking a Motor Vehicle Without Permission
1, or Taking a Motor Vehicle Without Permission 2 conviction.
(21) If the present conviction is for a felony domestic
violence offense where domestic violence as defined in RCW
[Title 9 RCW—page 129]
9.94A.530
Title 9 RCW: Crimes and Punishments
9.94A.030 was plead and proven, count priors as in subsections (7) through (20) of this section; however, count points
as follows:
(a) Count two points for each adult prior conviction
where domestic violence as defined in RCW 9.94A.030 was
plead and proven after August 1, 2011, for the following
offenses: A violation of a no-contact order that is a felony
offense, a violation of a protection order that is a felony
offense, a felony domestic violence harassment offense, a felony domestic violence stalking offense, a domestic violence
Burglary 1 offense, a domestic violence Kidnapping 1
offense, a domestic violence Kidnapping 2 offense, a domestic violence unlawful imprisonment offense, a domestic violence Robbery 1 offense, a domestic violence Robbery 2
offense, a domestic violence Assault 1 offense, a domestic
violence Assault 2 offense, a domestic violence Assault 3
offense, a domestic violence Arson 1 offense, or a domestic
violence Arson 2 offense; and
(b) Count one point for each second and subsequent
juvenile conviction where domestic violence as defined in
RCW 9.94A.030 was plead and proven after August 1, 2011,
for the offenses listed in (a) of this subsection;
(c) Count one point for each adult prior conviction for a
repetitive domestic violence offense as defined in RCW
9.94A.030, where domestic violence as defined in RCW
9.94A.030, was plead and proven after August 1, 2011.
(22) The fact that a prior conviction was not included in
an offender’s offender score or criminal history at a previous
sentencing shall have no bearing on whether it is included in
the criminal history or offender score for the current offense.
Prior convictions that were not counted in the offender score
or included in criminal history under repealed or previous
versions of the sentencing reform act shall be included in
criminal history and shall count in the offender score if the
current version of the sentencing reform act requires including or counting those convictions. Prior convictions that
were not included in criminal history or in the offender score
shall be included upon any resentencing to ensure imposition
of an accurate sentence. [2010 c 274 § 403; 2008 c 231 § 3.
Prior: 2007 c 199 § 8; 2007 c 116 § 1; prior: 2006 c 128 § 6;
2006 c 73 § 7; prior: 2002 c 290 § 3; 2002 c 107 § 3; 2001 c
264 § 5; 2000 c 28 § 15; prior: 1999 c 352 § 10; 1999 c 331
§ 1; 1998 c 211 § 4; 1997 c 338 § 5; prior: 1995 c 316 § 1;
1995 c 101 § 1; prior: 1992 c 145 § 10; 1992 c 75 § 4; 1990
c 3 § 706; 1989 c 271 § 103; prior: 1988 c 157 § 3; 1988 c
153 § 12; 1987 c 456 § 4; 1986 c 257 § 25; 1984 c 209 § 19;
1983 c 115 § 7. Formerly RCW 9.94A.360.]
*Reviser’s note: 2010 c 267 removed from RCW 9A.44.130 provisions relating to the crime of "failure to register" as a sex offender or kidnapping offender, and placed similar provisions in RCW 9A.44.132.
Intent—2010 c 274: See note following RCW 10.31.100.
Intent—2008 c 231 §§ 2-4: See note following RCW 9.94A.500.
Application—2008 c 231 §§ 2 and 3: See note following RCW
9.94A.500.
Severability—2008 c 231: See note following RCW 9.94A.500.
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
Effective date—2007 c 116: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007."
[2007 c 116 § 2.]
Effective date—2006 c 73: See note following RCW 46.61.502.
[Title 9 RCW—page 130]
Effective date—2002 c 290 §§ 2 and 3: See note following RCW
9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Finding—Application—2002 c 107: See notes following RCW
9.94A.030.
Effective date—2001 c 264: See note following RCW 9A.76.110.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
9.94A.530 Standard sentence range. (1) The intersection of the column defined by the offender score and the row
defined by the offense seriousness score determines the standard sentence range (see RCW 9.94A.510, (Table 1) and
RCW 9.94A.517, (Table 3)). The additional time for deadly
weapon findings or for other adjustments as specified in
RCW 9.94A.533 shall be added to the entire standard sentence range. The court may impose any sentence within the
range that it deems appropriate. All standard sentence ranges
are expressed in terms of total confinement.
(2) In determining any sentence other than a sentence
above the standard range, the trial court may rely on no more
information than is admitted by the plea agreement, or admitted, acknowledged, or proved in a trial or at the time of sentencing, or proven pursuant to RCW 9.94A.537. Acknowledgment includes not objecting to information stated in the
presentence reports and not objecting to criminal history presented at the time of sentencing. Where the defendant disputes material facts, the court must either not consider the
fact or grant an evidentiary hearing on the point. The facts
shall be deemed proved at the hearing by a preponderance of
the evidence, except as otherwise specified in RCW
9.94A.537. On remand for resentencing following appeal or
collateral attack, the parties shall have the opportunity to
present and the court to consider all relevant evidence regarding criminal history, including criminal history not previously presented.
(3) In determining any sentence above the standard sentence range, the court shall follow the procedures set forth in
RCW 9.94A.537. Facts that establish the elements of a more
serious crime or additional crimes may not be used to go outside the standard sentence range except upon stipulation or
when specifically provided for in RCW 9.94A.535(3)(d), (e),
(g), and (h). [2008 c 231 § 4; 2005 c 68 § 2; 2002 c 290 § 18;
2000 c 28 § 12; 1999 c 143 § 16; 1996 c 248 § 1; 1989 c 124
§ 2; 1987 c 131 § 1; 1986 c 257 § 26; 1984 c 209 § 20; 1983
c 115 § 8. Formerly RCW 9.94A.370.]
9.94A.530
Intent—2008 c 231 §§ 2-4: See note following RCW 9.94A.500.
Severability—2008 c 231: See note following RCW 9.94A.500.
Intent—Severability—Effective date—2005 c 68: See notes following RCW 9.94A.537.
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Sentencing Reform Act of 1981
9.94A.533 Adjustments to standard sentences. (1)
The provisions of this section apply to the standard sentence
ranges determined by RCW 9.94A.510 or 9.94A.517.
(2) For persons convicted of the anticipatory offenses of
criminal attempt, solicitation, or conspiracy under chapter
9A.28 RCW, the standard sentence range is determined by
locating the sentencing grid sentence range defined by the
appropriate offender score and the seriousness level of the
completed crime, and multiplying the range by seventy-five
percent.
(3) The following additional times shall be added to the
standard sentence range for felony crimes committed after
July 23, 1995, if the offender or an accomplice was armed
with a firearm as defined in RCW 9.41.010 and the offender
is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the
classification of the completed felony crime. If the offender
is being sentenced for more than one offense, the firearm
enhancement or enhancements must be added to the total
period of confinement for all offenses, regardless of which
underlying offense is subject to a firearm enhancement. If
the offender or an accomplice was armed with a firearm as
defined in RCW 9.41.010 and the offender is being sentenced
for an anticipatory offense under chapter 9A.28 RCW to
commit one of the crimes listed in this subsection as eligible
for any firearm enhancements, the following additional times
shall be added to the standard sentence range determined
under subsection (2) of this section based on the felony crime
of conviction as classified under RCW 9A.28.020:
(a) Five years for any felony defined under any law as a
class A felony or with a statutory maximum sentence of at
least twenty years, or both, and not covered under (f) of this
subsection;
(b) Three years for any felony defined under any law as
a class B felony or with a statutory maximum sentence of ten
years, or both, and not covered under (f) of this subsection;
(c) Eighteen months for any felony defined under any
law as a class C felony or with a statutory maximum sentence
of five years, or both, and not covered under (f) of this subsection;
(d) If the offender is being sentenced for any firearm
enhancements under (a), (b), and/or (c) of this subsection and
the offender has previously been sentenced for any deadly
weapon enhancements after July 23, 1995, under (a), (b),
and/or (c) of this subsection or subsection (4)(a), (b), and/or
(c) of this section, or both, all firearm enhancements under
this subsection shall be twice the amount of the enhancement
listed;
(e) Notwithstanding any other provision of law, all firearm enhancements under this section are mandatory, shall be
served in total confinement, and shall run consecutively to all
other sentencing provisions, including other firearm or
deadly weapon enhancements, for all offenses sentenced
under this chapter. However, whether or not a mandatory
minimum term has expired, an offender serving a sentence
under this subsection may be granted an extraordinary medical placement when authorized under *RCW 9.94A.728(4);
(f) The firearm enhancements in this section shall apply
to all felony crimes except the following: Possession of a
machine gun, possessing a stolen firearm, drive-by shooting,
9.94A.533
(2010 Ed.)
9.94A.533
theft of a firearm, unlawful possession of a firearm in the first
and second degree, and use of a machine gun in a felony;
(g) If the standard sentence range under this section
exceeds the statutory maximum sentence for the offense, the
statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a firearm enhancement increases the sentence so that
it would exceed the statutory maximum for the offense, the
portion of the sentence representing the enhancement may
not be reduced.
(4) The following additional times shall be added to the
standard sentence range for felony crimes committed after
July 23, 1995, if the offender or an accomplice was armed
with a deadly weapon other than a firearm as defined in RCW
9.41.010 and the offender is being sentenced for one of the
crimes listed in this subsection as eligible for any deadly
weapon enhancements based on the classification of the completed felony crime. If the offender is being sentenced for
more than one offense, the deadly weapon enhancement or
enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense
is subject to a deadly weapon enhancement. If the offender or
an accomplice was armed with a deadly weapon other than a
firearm as defined in RCW 9.41.010 and the offender is being
sentenced for an anticipatory offense under chapter 9A.28
RCW to commit one of the crimes listed in this subsection as
eligible for any deadly weapon enhancements, the following
additional times shall be added to the standard sentence range
determined under subsection (2) of this section based on the
felony crime of conviction as classified under RCW
9A.28.020:
(a) Two years for any felony defined under any law as a
class A felony or with a statutory maximum sentence of at
least twenty years, or both, and not covered under (f) of this
subsection;
(b) One year for any felony defined under any law as a
class B felony or with a statutory maximum sentence of ten
years, or both, and not covered under (f) of this subsection;
(c) Six months for any felony defined under any law as a
class C felony or with a statutory maximum sentence of five
years, or both, and not covered under (f) of this subsection;
(d) If the offender is being sentenced under (a), (b),
and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for any
deadly weapon enhancements after July 23, 1995, under (a),
(b), and/or (c) of this subsection or subsection (3)(a), (b),
and/or (c) of this section, or both, all deadly weapon enhancements under this subsection shall be twice the amount of the
enhancement listed;
(e) Notwithstanding any other provision of law, all
deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other
firearm or deadly weapon enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be granted an extraordinary
medical placement when author ized under *R CW
9.94A.728(4);
(f) The deadly weapon enhancements in this section shall
apply to all felony crimes except the following: Possession
[Title 9 RCW—page 131]
9.94A.533
Title 9 RCW: Crimes and Punishments
of a machine gun, possessing a stolen firearm, drive-by
shooting, theft of a firearm, unlawful possession of a firearm
in the first and second degree, and use of a machine gun in a
felony;
(g) If the standard sentence range under this section
exceeds the statutory maximum sentence for the offense, the
statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a deadly weapon enhancement increases the sentence
so that it would exceed the statutory maximum for the
offense, the portion of the sentence representing the enhancement may not be reduced.
(5) The following additional times shall be added to the
standard sentence range if the offender or an accomplice
committed the offense while in a county jail or state correctional facility and the offender is being sentenced for one of
the crimes listed in this subsection. If the offender or an
accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility, and
the offender is being sentenced for an anticipatory offense
under chapter 9A.28 RCW to commit one of the crimes listed
in this subsection, the following additional times shall be
added to the standard sentence range determined under subsection (2) of this section:
(a) Eighteen months for offenses committed under RCW
69.50.401(2) (a) or (b) or 69.50.410;
(b) Fifteen months for offenses committed under RCW
69.50.401(2) (c), (d), or (e);
(c) Twelve months for offenses committed under RCW
69.50.4013.
For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be
deemed to be part of that facility or county jail.
(6) An additional twenty-four months shall be added to
the standard sentence range for any ranked offense involving
a violation of chapter 69.50 RCW if the offense was also a
violation of RCW 69.50.435 or **9.94A.605. All enhancements under this subsection shall run consecutively to all
other sentencing provisions, for all offenses sentenced under
this chapter.
(7) An additional two years shall be added to the standard sentence range for vehicular homicide committed while
under the influence of intoxicating liquor or any drug as
defined by RCW 46.61.502 for each prior offense as defined
in RCW 46.61.5055.
(8)(a) The following additional times shall be added to
the standard sentence range for felony crimes committed on
or after July 1, 2006, if the offense was committed with sexual motivation, as that term is defined in RCW 9.94A.030. If
the offender is being sentenced for more than one offense, the
sexual motivation enhancement must be added to the total
period of total confinement for all offenses, regardless of
which underlying offense is subject to a sexual motivation
enhancement. If the offender committed the offense with
sexual motivation and the offender is being sentenced for an
anticipatory offense under chapter 9A.28 RCW, the following additional times shall be added to the standard sentence
range determined under subsection (2) of this section based
on the felony crime of conviction as classified under RCW
9A.28.020:
[Title 9 RCW—page 132]
(i) Two years for any felony defined under the law as a
class A felony or with a statutory maximum sentence of at
least twenty years, or both;
(ii) Eighteen months for any felony defined under any
law as a class B felony or with a statutory maximum sentence
of ten years, or both;
(iii) One year for any felony defined under any law as a
class C felony or with a statutory maximum sentence of five
years, or both;
(iv) If the offender is being sentenced for any sexual
motivation enhancements under (i), (ii), and/or (iii) of this
subsection and the offender has previously been sentenced
for any sexual motivation enhancements on or after July 1,
2006, under (i), (ii), and/or (iii) of this subsection, all sexual
motivation enhancements under this subsection shall be twice
the amount of the enhancement listed;
(b) Notwithstanding any other provision of law, all sexual motivation enhancements under this subsection are mandatory, shall be served in total confinement, and shall run
consecutively to all other sentencing provisions, including
other sexual motivation enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be granted an extraordinary
medical placement when author ized under *R CW
9.94A.728(4);
(c) The sexual motivation enhancements in this subsection apply to all felony crimes;
(d) If the standard sentence range under this subsection
exceeds the statutory maximum sentence for the offense, the
statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a sexual motivation enhancement increases the sentence so that it would exceed the statutory maximum for the
offense, the portion of the sentence representing the enhancement may not be reduced;
(e) The portion of the total confinement sentence which
the offender must serve under this subsection shall be calculated before any earned early release time is credited to the
offender;
(f) Nothing in this subsection prevents a sentencing court
from imposing a sentence outside the standard sentence range
pursuant to RCW 9.94A.535.
(9) An additional one-year enhancement shall be added
to the standard sentence range for the felony crimes of RCW
9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or
9A.44.089 committed on or after July 22, 2007, if the
offender engaged, agreed, or offered to engage the victim in
the sexual conduct in return for a fee. If the offender is being
sentenced for more than one offense, the one-year enhancement must be added to the total period of total confinement
for all offenses, regardless of which underlying offense is
subject to the enhancement. If the offender is being sentenced for an anticipatory offense for the felony crimes of
RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083,
9A.44.086, or 9A.44.089, and the offender attempted, solicited another, or conspired to engage, agree, or offer to engage
the victim in the sexual conduct in return for a fee, an additional one-year enhancement shall be added to the standard
sentence range determined under subsection (2) of this section. For purposes of this subsection, "sexual conduct"
(2010 Ed.)
Sentencing Reform Act of 1981
means sexual intercourse or sexual contact, both as defined in
chapter 9A.44 RCW.
(10)(a) For a person age eighteen or older convicted of
any criminal street gang-related felony offense for which the
person compensated, threatened, or solicited a minor in order
to involve the minor in the commission of the felony offense,
the standard sentence range is determined by locating the
sentencing grid sentence range defined by the appropriate
offender score and the seriousness level of the completed
crime, and multiplying the range by one hundred twenty-five
percent. If the standard sentence range under this subsection
exceeds the statutory maximum sentence for the offense, the
statutory maximum sentence is the presumptive sentence
unless the offender is a persistent offender.
(b) This subsection does not apply to any criminal street
gang-related felony offense for which involving a minor in
the commission of the felony offense is an element of the
offense.
(c) The increased penalty specified in (a) of this subsection is unavailable in the event that the prosecution gives
notice that it will seek an exceptional sentence based on an
aggravating factor under RCW 9.94A.535.
(11) An additional twelve months and one day shall be
added to the standard sentence range for a conviction of
attempting to elude a police vehicle as defined by RCW
46.61.024, if the conviction included a finding by special
allegation of endangering one or more persons under RCW
9.94A.834.
(12) An additional twelve months shall be added to the
standard sentence range for an offense that is also a violation
of RCW 9.94A.831. [2009 c 141 § 2. Prior: 2008 c 276 §
301; 2008 c 219 § 3; 2007 c 368 § 9; prior: 2006 c 339 § 301;
2006 c 123 § 1; 2003 c 53 § 58; 2002 c 290 § 11.]
Reviser’s note: *(1) RCW 9.94A.728 was amended by 2009 c 455 § 2,
changing subsection (4) to subsection (3).
**(2) RCW 9.94A.605 was recodified as RCW 9.94A.827 pursuant to
2009 c 28 § 41.
Severability—Part headings, subheadings not law—2008 c 276: See
notes following RCW 36.28A.200.
Short title—2008 c 219: See note following RCW 9.94A.834.
Intent—Part headings not law—2006 c 339: See notes following
RCW 70.96A.325.
Effective date—2006 c 123: "This act takes effect July 1, 2006." [2006
c 123 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
9.94A.535 Departures from the guidelines. The court
may impose a sentence outside the standard sentence range
for an offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence. Facts supporting aggravated
sentences, other than the fact of a prior conviction, shall be
determined pursuant to the provisions of RCW 9.94A.537.
Whenever a sentence outside the standard sentence
range is imposed, the court shall set forth the reasons for its
decision in written findings of fact and conclusions of law. A
sentence outside the standard sentence range shall be a determinate sentence.
9.94A.535
(2010 Ed.)
9.94A.535
If the sentencing court finds that an exceptional sentence
outside the standard sentence range should be imposed, the
sentence is subject to review only as provided for in RCW
9.94A.585(4).
A departure from the standards in RCW 9.94A.589 (1)
and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to
the limitations in this section, and may be appealed by the
offender or the state as set forth in RCW 9.94A.585 (2)
through (6).
(1) Mitigating Circumstances - Court to Consider
The court may impose an exceptional sentence below the
standard range if it finds that mitigating circumstances are
established by a preponderance of the evidence. The following are illustrative only and are not intended to be exclusive
reasons for exceptional sentences.
(a) To a significant degree, the victim was an initiator,
willing participant, aggressor, or provoker of the incident.
(b) Before detection, the defendant compensated, or
made a good faith effort to compensate, the victim of the
criminal conduct for any damage or injury sustained.
(c) The defendant committed the crime under duress,
coercion, threat, or compulsion insufficient to constitute a
complete defense but which significantly affected his or her
conduct.
(d) The defendant, with no apparent predisposition to do
so, was induced by others to participate in the crime.
(e) The defendant’s capacity to appreciate the wrongfulness of his or her conduct, or to conform his or her conduct to
the requirements of the law, was significantly impaired. Voluntary use of drugs or alcohol is excluded.
(f) The offense was principally accomplished by another
person and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim.
(g) The operation of the multiple offense policy of RCW
9.94A.589 results in a presumptive sentence that is clearly
excessive in light of the purpose of this chapter, as expressed
in RCW 9.94A.010.
(h) The defendant or the defendant’s children suffered a
continuing pattern of physical or sexual abuse by the victim
of the offense and the offense is a response to that abuse.
(i) The defendant was making a good faith effort to
obtain or provide medical assistance for someone who is
experiencing a drug-related overdose.
(j) The current offense involved domestic violence, as
defined in RCW 10.99.020, and the defendant suffered a continuing pattern of coercion, control, or abuse by the victim of
the offense and the offense is a response to that coercion, control, or abuse.
(2) Aggravating Circumstances - Considered and
Imposed by the Court
The trial court may impose an aggravated exceptional
sentence without a finding of fact by a jury under the following circumstances:
(a) The defendant and the state both stipulate that justice
is best served by the imposition of an exceptional sentence
outside the standard range, and the court finds the exceptional
sentence to be consistent with and in furtherance of the interests of justice and the purposes of the sentencing reform act.
(b) The defendant’s prior unscored misdemeanor or prior
unscored foreign criminal history results in a presumptive
[Title 9 RCW—page 133]
9.94A.535
Title 9 RCW: Crimes and Punishments
sentence that is clearly too lenient in light of the purpose of
this chapter, as expressed in RCW 9.94A.010.
(c) The defendant has committed multiple current
offenses and the defendant’s high offender score results in
some of the current offenses going unpunished.
(d) The failure to consider the defendant’s prior criminal
history which was omitted from the offender score calculation pursuant to RCW 9.94A.525 results in a presumptive
sentence that is clearly too lenient.
(3) Aggravating Circumstances - Considered by a Jury Imposed by the Court
Except for circumstances listed in subsection (2) of this
section, the following circumstances are an exclusive list of
factors that can support a sentence above the standard range.
Such facts should be determined by procedures specified in
RCW 9.94A.537.
(a) The defendant’s conduct during the commission of
the current offense manifested deliberate cruelty to the victim.
(b) The defendant knew or should have known that the
victim of the current offense was particularly vulnerable or
incapable of resistance.
(c) The current offense was a violent offense, and the
defendant knew that the victim of the current offense was
pregnant.
(d) The current offense was a major economic offense or
series of offenses, so identified by a consideration of any of
the following factors:
(i) The current offense involved multiple victims or multiple incidents per victim;
(ii) The current offense involved attempted or actual
monetary loss substantially greater than typical for the
offense;
(iii) The current offense involved a high degree of
sophistication or planning or occurred over a lengthy period
of time; or
(iv) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission of the current offense.
(e) The current offense was a major violation of the Uniform Controlled Substances Act, chapter 69.50 RCW
(VUCSA), related to trafficking in controlled substances,
which was more onerous than the typical offense of its statutory definition: The presence of ANY of the following may
identify a current offense as a major VUCSA:
(i) The current offense involved at least three separate
transactions in which controlled substances were sold, transferred, or possessed with intent to do so;
(ii) The current offense involved an attempted or actual
sale or transfer of controlled substances in quantities substantially larger than for personal use;
(iii) The current offense involved the manufacture of
controlled substances for use by other parties;
(iv) The circumstances of the current offense reveal the
offender to have occupied a high position in the drug distribution hierarchy;
(v) The current offense involved a high degree of sophistication or planning, occurred over a lengthy period of time,
or involved a broad geographic area of disbursement; or
(vi) The offender used his or her position or status to
facilitate the commission of the current offense, including
[Title 9 RCW—page 134]
positions of trust, confidence or fiduciary responsibility (e.g.,
pharmacist, physician, or other medical professional).
(f) The current offense included a finding of sexual motivation pursuant to RCW 9.94A.835.
(g) The offense was part of an ongoing pattern of sexual
abuse of the same victim under the age of eighteen years
manifested by multiple incidents over a prolonged period of
time.
(h) The current offense involved domestic violence, as
defined in RCW 10.99.020, and one or more of the following
was present:
(i) The offense was part of an ongoing pattern of psychological, physical, or sexual abuse of a victim or multiple victims manifested by multiple incidents over a prolonged
period of time;
(ii) The offense occurred within sight or sound of the
victim’s or the offender’s minor children under the age of
eighteen years; or
(iii) The offender’s conduct during the commission of
the current offense manifested deliberate cruelty or intimidation of the victim.
(i) The offense resulted in the pregnancy of a child victim of rape.
(j) The defendant knew that the victim of the current
offense was a youth who was not residing with a legal custodian and the defendant established or promoted the relationship for the primary purpose of victimization.
(k) The offense was committed with the intent to
obstruct or impair human or animal health care or agricultural
or forestry research or commercial production.
(l) The current offense is trafficking in the first degree or
trafficking in the second degree and any victim was a minor
at the time of the offense.
(m) The offense involved a high degree of sophistication
or planning.
(n) The defendant used his or her position of trust, confidence, or fiduciary responsibility to facilitate the commission
of the current offense.
(o) The defendant committed a current sex offense, has a
history of sex offenses, and is not amenable to treatment.
(p) The offense involved an invasion of the victim’s privacy.
(q) The defendant demonstrated or displayed an egregious lack of remorse.
(r) The offense involved a destructive and foreseeable
impact on persons other than the victim.
(s) The defendant committed the offense to obtain or
maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group.
(t) The defendant committed the current offense shortly
after being released from incarceration.
(u) The current offense is a burglary and the victim of the
burglary was present in the building or residence when the
crime was committed.
(v) The offense was committed against a law enforcement officer who was performing his or her official duties at
the time of the offense, the offender knew that the victim was
a law enforcement officer, and the victim’s status as a law
enforcement officer is not an element of the offense.
(2010 Ed.)
Sentencing Reform Act of 1981
(w) The defendant committed the offense against a victim who was acting as a good samaritan.
(x) The defendant committed the offense against a public
official or officer of the court in retaliation of the public official’s performance of his or her duty to the criminal justice
system.
(y) The victim’s injuries substantially exceed the level of
bodily harm necessary to satisfy the elements of the offense.
This aggravator is not an exception to RCW 9.94A.530(2).
(z)(i)(A) The current offense is theft in the first degree,
theft in the second degree, possession of stolen property in
the first degree, or possession of stolen property in the second
degree; (B) the stolen property involved is metal property;
and (C) the property damage to the victim caused in the
course of the theft of metal property is more than three times
the value of the stolen metal property, or the theft of the metal
property creates a public hazard.
(ii) For purposes of this subsection, "metal property"
means commercial metal property, private metal property, or
nonferrous metal property, as defined in RCW 19.290.010.
(aa) The defendant committed the offense with the intent
to directly or indirectly cause any benefit, aggrandizement,
gain, profit, or other advantage to or for a criminal street gang
as defined in RCW 9.94A.030, its reputation, influence, or
membership.
(bb) The current offense involved paying to view, over
the internet in violation of RCW 9.68A.075, depictions of a
minor engaged in an act of sexually explicit conduct as
defined in RCW 9.68A.011(4) (a) through (g). [2010 c 274 §
402; 2010 c 227 § 10; 2010 c 9 § 4. Prior: 2008 c 276 § 303;
2008 c 233 § 9; 2007 c 377 § 10; 2005 c 68 § 3; 2003 c 267 §
4; 2002 c 169 § 1; 2001 2nd sp.s. c 12 § 314; 2000 c 28 § 8;
1999 c 330 § 1; 1997 c 52 § 4; prior: 1996 c 248 § 2; 1996 c
121 § 1; 1995 c 316 § 2; 1990 c 3 § 603; 1989 c 408 § 1; 1987
c 131 § 2; 1986 c 257 § 27; 1984 c 209 § 24; 1983 c 115 § 10.
Formerly RCW 9.94A.390.]
Reviser’s note: This section was amended by 2010 c 9 § 4, 2010 c 227
§ 10, and by 2010 c 274 § 402, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—2010 c 274: See note following RCW 10.31.100.
Intent—2010 c 9: See note following RCW 69.50.315.
Severability—Part headings, subheadings not law—2008 c 276: See
notes following RCW 36.28A.200.
Captions not law—Severability—2007 c 377: See RCW 19.290.900
and 19.290.901.
Intent—Severability—Effective date—2005 c 68: See notes following RCW 9.94A.537.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Additional notes found at www.leg.wa.gov
9.94A.537 Aggravating circumstances—Sentences
above standard range. (1) At any time prior to trial or entry
of the guilty plea if substantial rights of the defendant are not
prejudiced, the state may give notice that it is seeking a sentence above the standard sentencing range. The notice shall
9.94A.537
(2010 Ed.)
9.94A.537
state aggravating circumstances upon which the requested
sentence will be based.
(2) In any case where an exceptional sentence above the
standard range was imposed and where a new sentencing
hearing is required, the superior court may impanel a jury to
consider any alleged aggravating circumstances listed in
RCW 9.94A.535(3), that were relied upon by the superior
court in imposing the previous sentence, at the new sentencing hearing.
(3) The facts supporting aggravating circumstances shall
be proved to a jury beyond a reasonable doubt. The jury’s
verdict on the aggravating factor must be unanimous, and by
special interrogatory. If a jury is waived, proof shall be to the
court beyond a reasonable doubt, unless the defendant stipulates to the aggravating facts.
(4) Evidence regarding any facts supporting aggravating
circumstances under RCW 9.94A.535(3) (a) through (y) shall
be presented to the jury during the trial of the alleged crime,
unless the jury has been impaneled solely for resentencing, or
unless the state alleges the aggravating circumstances listed
in RCW 9.94A.535(3) (e)(iv), (h)(i), (o), or (t). If one of
these aggravating circumstances is alleged, the trial court
may conduct a separate proceeding if the evidence supporting
the aggravating fact is not part of the res geste of the charged
crime, if the evidence is not otherwise admissible in trial of
the charged crime, and if the court finds that the probative
value of the evidence to the aggravated fact is substantially
outweighed by its prejudicial effect on the jury’s ability to
determine guilt or innocence for the underlying crime.
(5) If the superior court conducts a separate proceeding
to determine the existence of aggravating circumstances
listed in RCW 9.94A.535(3) (e)(iv), (h)(i), (o), or (t), the proceeding shall immediately follow the trial on the underlying
conviction, if possible. If any person who served on the jury
is unable to continue, the court shall substitute an alternate
juror.
(6) If the jury finds, unanimously and beyond a reasonable doubt, one or more of the facts alleged by the state in
support of an aggravated sentence, the court may sentence the
offender pursuant to RCW 9.94A.535 to a term of confinement up to the maximum allowed under RCW 9A.20.021 for
the underlying conviction if it finds, considering the purposes
of this chapter, that the facts found are substantial and compelling reasons justifying an exceptional sentence. [2007 c
205 § 2; 2005 c 68 § 4.]
Intent—2007 c 205: "In State v. Pillatos, 150 P.3d 1130 (2007), the
Washington supreme court held that the changes made to the sentencing
reform act concerning exceptional sentences in chapter 68, Laws of 2005 do
not apply to cases where the trials had already begun or guilty pleas had
already been entered prior to the effective date of the act on April 15, 2005.
The legislature intends that the superior courts shall have the authority to
impanel juries to find aggravating circumstances in all cases that come
before the courts for trial or sentencing, regardless of the date of the original
trial or sentencing." [2007 c 205 § 1.]
Effective date—2007 c 205: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 27, 2007]." [2007 c 205 § 3.]
Intent—2005 c 68: "The legislature intends to conform the sentencing
reform act, chapter 9.94A RCW, to comply with the ruling in Blakely v.
Washington, 542 U.S. ... (2004). In that case, the United States supreme
court held that a criminal defendant has a Sixth Amendment right to have a
jury determine beyond a reasonable doubt any aggravating fact, other than
the fact of a prior conviction, that is used to impose greater punishment than
[Title 9 RCW—page 135]
9.94A.540
Title 9 RCW: Crimes and Punishments
the standard range or standard conditions. The legislature intends that aggravating facts, other than the fact of a prior conviction, will be placed before
the jury. The legislature intends that the sentencing court will then decide
whether or not the aggravating fact is a substantial and compelling reason to
impose greater punishment. The legislature intends to create a new criminal
procedure for imposing greater punishment than the standard range or conditions and to codify existing common law aggravating factors, without
expanding or restricting existing statutory or common law aggravating circumstances. The legislature does not intend the codification of common law
aggravating factors to expand or restrict currently available statutory or common law aggravating circumstances. The legislature does not intend to alter
how mitigating facts are to be determined under the sentencing reform act,
and thus intends that mitigating facts will be found by the sentencing court
by a preponderance of the evidence.
While the legislature intends to bring the sentencing reform act into
compliance as previously indicated, the legislature recognizes the need to
restore the judicial discretion that has been limited as a result of the Blakely
decision." [2005 c 68 § 1.]
Severability—2005 c 68: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2005 c 68 § 6.]
Effective date—2005 c 68: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 15, 2005]." [2005 c 68 § 7.]
9.94A.540 Mandatory minimum terms. (1) Except to
the extent provided in subsection (3) of this section, the following minimum terms of total confinement are mandatory
and shall not be varied or modified under RCW 9.94A.535:
(a) An offender convicted of the crime of murder in the
first degree shall be sentenced to a term of total confinement
not less than twenty years.
(b) An offender convicted of the crime of assault in the
first degree or assault of a child in the first degree where the
offender used force or means likely to result in death or
intended to kill the victim shall be sentenced to a term of total
confinement not less than five years.
(c) An offender convicted of the crime of rape in the first
degree shall be sentenced to a term of total confinement not
less than five years.
(d) An offender convicted of the crime of sexually violent predator escape shall be sentenced to a minimum term of
total confinement not less than sixty months.
(2) During such minimum terms of total confinement, no
offender subject to the provisions of this section is eligible for
community custody, earned release time, furlough, home
detention, partial confinement, work crew, work release, or
any other form of early release authorized under RCW
9.94A.728, or any other form of authorized leave of absence
from the correctional facility while not in the direct custody
of a corrections officer. The provisions of this subsection
shall not apply: (a) In the case of an offender in need of emergency medical treatment; (b) for the purpose of commitment
to an inpatient treatment facility in the case of an offender
convicted of the crime of rape in the first degree; or (c) for an
extraordinary medical placement when authorized under
*RCW 9.94A.728(4).
(3)(a) Subsection (1) of this section shall not be applied
in sentencing of juveniles tried as adults pursuant to RCW
13.04.030(1)(e)(i).
(b) This subsection (3) applies only to crimes committed
on or after July 24, 2005. [2005 c 437 § 2; 2001 2nd sp.s. c
12 § 315; 2000 c 28 § 7. Formerly RCW 9.94A.590.]
9.94A.540
[Title 9 RCW—page 136]
*Reviser’s note: RCW 9.94A.728 was amended by 2009 c 455 § 2,
changing subsection (4) to subsection (3).
Findings—Intent—2005 c 437: "(1) The legislature finds that emerging research on brain development indicates that adolescent brains, and thus
adolescent intellectual and emotional capabilities, differ significantly from
those of mature adults. It is appropriate to take these differences into consideration when sentencing juveniles tried as adults. The legislature further
finds that applying mandatory minimum sentences for juveniles tried as
adults prevents trial court judges from taking these differences into consideration in appropriate circumstances.
(2) The legislature intends to eliminate the application of mandatory
minimum sentences under RCW 9.94A.540 to juveniles tried as adults, and
to continue to apply all other adult sentencing provisions to juveniles tried as
adults." [2005 c 437 § 1.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.550 Fines. Unless otherwise provided by a statute of this state, on all sentences under this chapter the court
may impose fines according to the following ranges:
9.94A.550
Class A felonies
Class B felonies
Class C felonies
$0 - 50,000
$0 - 20,000
$0 - 10,000
[2003 c 53 § 59; 1984 c 209 § 23. Formerly RCW
9.94A.386.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
9.94A.555 Findings and intent—1994 c 1. (1) The
people of the state of Washington find and declare that:
(a) Community protection from persistent offenders is a
priority for any civilized society.
(b) Nearly fifty percent of the criminals convicted in
Washington state have active prior criminal histories.
(c) Punishments for criminal offenses should be proportionate to both the seriousness of the crime and the prior
criminal history.
(d) The public has the right and the responsibility to
determine when to impose a life sentence.
(2) By sentencing three-time, most serious offenders to
prison for life without the possibility of parole, the people
intend to:
(a) Improve public safety by placing the most dangerous
criminals in prison.
(b) Reduce the number of serious, repeat offenders by
tougher sentencing.
(c) Set proper and simplified sentencing practices that
both the victims and persistent offenders can understand.
(d) Restore public trust in our criminal justice system by
directly involving the people in the process. [1994 c 1 § 1
(Initiative Measure No. 593, approved November 2, 1993).
Formerly RCW 9.94A.392.]
9.94A.555
Additional notes found at www.leg.wa.gov
9.94A.561 Offender notification and warning. A sentencing judge, law enforcement agency, or state or local cor9.94A.561
(2010 Ed.)
Sentencing Reform Act of 1981
rectional facility may, but is not required to, give offenders
who have been convicted of an offense that is a most serious
offense as defined in RCW 9.94A.030 either written or oral
notice, or both, of the sanctions imposed upon persistent
offenders. General notice of these sanctions and the conditions under which they may be imposed may, but need not, be
given in correctional facilities maintained by state or local
agencies. This section is enacted to provide authority, but not
requirement, for the giving of such notice in every conceivable way without incurring liability to offenders or third parties. [1994 c 1 § 4 (Initiative Measure No. 593, approved
November 2, 1993). Formerly RCW 9.94A.393.]
Additional notes found at www.leg.wa.gov
9.94A.562 Court-ordered treatment—Required
notices. When any person is convicted in a superior court,
the judgment and sentence shall include a statement that if the
offender is or becomes subject to court-ordered mental health
or chemical dependency treatment, the offender must notify
the department and the offender’s treatment information must
be shared with the department of corrections for the duration
of the offender’s incarceration and supervision. Upon a petition by an offender who does not have a history of one or
more violent acts, as defined in RCW 71.05.020, the court
may, for good cause, find that public safety is not enhanced
by the sharing of this offender’s information. [2004 c 166 §
11.]
9.94A.562
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
9.94A.565 Governor’s powers. (1) Nothing in chapter
1, Laws of 1994 shall ever be interpreted or construed as to
reduce or eliminate the power of the governor to grant a pardon or clemency to any offender on an individual case-bycase basis. However, the people recommend that any
offender subject to total confinement for life without the possibility of parole not be considered for release until the
offender has reached the age of at least sixty years old and has
been judged to be no longer a threat to society. The people
further recommend that sex offenders be held to the utmost
scrutiny under this subsection regardless of age.
(2) Nothing in this section shall ever be interpreted or
construed to grant any release for the purpose of reducing
prison overcrowding. Furthermore, the governor shall provide twice yearly reports on the activities and progress of
offenders subject to total confinement for life without the
possibility of parole who are released through executive
action during his or her tenure. These reports shall continue
for not less than ten years after the release of the offender or
upon the death of the released offender. [1994 c 1 § 5 (Initiative Measure No. 593, approved November 2, 1993). Formerly RCW 9.94A.394.]
9.94A.585
tion, no offender subject to this section may be eligible for
community custody, earned release time, furlough, home
detention, partial confinement, work crew, work release, or
any other form of release as defined under *RCW 9.94A.728
(1), (2), (3), (4), (6), (8), or (9), or any other form of authorized leave from a correctional facility while not in the direct
custody of a corrections officer or officers, except: (1) In the
case of an offender in need of emergency medical treatment;
or (2) for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime
of rape in the first degree. [2000 c 28 § 6. Formerly RCW
9.94A.560.]
*Reviser’s note: RCW 9.94A.728 was amended by 2009 c 455 § 2,
deleting subsections (1) and (2) and changing subsections (3), (4), (6), (8),
and (9) to subsections (2), (3), (5), (7), and (8), respectively.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.575 Power to defer or suspend sentences abolished—Exceptions. The power to defer or suspend the
imposition or execution of sentence is hereby abolished in
respect to sentences prescribed for felonies committed after
June 30, 1984, except for offenders sentenced under RCW
9.94A.670, the special sex offender sentencing alternative,
whose sentence may be suspended. [2000 c 28 § 9; 1999 c
143 § 12; 1984 c 209 § 7; 1981 c 137 § 13. Formerly RCW
9.94A.130.]
9.94A.575
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Additional notes found at www.leg.wa.gov
9.94A.565
Additional notes found at www.leg.wa.gov
9.94A.570 Persistent offenders. Notwithstanding the
statutory maximum sentence or any other provision of this
chapter, a persistent offender shall be sentenced to a term of
total confinement for life without the possibility of release or,
when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death. In addi9.94A.570
(2010 Ed.)
9.94A.580 Specialized training. The department is
authorized to determine whether any person subject to the
confines of a correctional facility would substantially benefit
from successful participation in: (1) Literacy training, (2)
employment skills training, or (3) educational efforts to identify and control sources of anger and, upon a determination
that the person would, may require such successful participation as a condition for eligibility to obtain early release from
the confines of a correctional facility.
The department shall adopt rules and procedures to
administer this section. [1994 sp.s. c 7 § 533. Formerly RCW
9.94A.132.]
9.94A.580
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
9.94A.585 Which sentences appealable—Procedure—Grounds for reversal—Written opinions. (1) A
sentence within the standard sentence range, under RCW
9.94A.510 or 9.94A.517, for an offense shall not be appealed.
For purposes of this section, a sentence imposed on a firsttime offender under RCW 9.94A.650 shall also be deemed to
be within the standard sentence range for the offense and
shall not be appealed.
(2) A sentence outside the standard sentence range for
the offense is subject to appeal by the defendant or the state.
The appeal shall be to the court of appeals in accordance with
rules adopted by the supreme court.
(3) Pending review of the sentence, the sentencing court
or the court of appeals may order the defendant confined or
placed on conditional release, including bond.
9.94A.585
[Title 9 RCW—page 137]
9.94A.589
Title 9 RCW: Crimes and Punishments
(4) To reverse a sentence which is outside the standard
sentence range, the reviewing court must find: (a) Either that
the reasons supplied by the sentencing court are not supported by the record which was before the judge or that those
reasons do not justify a sentence outside the standard sentence range for that offense; or (b) that the sentence imposed
was clearly excessive or clearly too lenient.
(5) A review under this section shall be made solely
upon the record that was before the sentencing court. Written
briefs shall not be required and the review and decision shall
be made in an expedited manner according to rules adopted
by the supreme court.
(6) The court of appeals shall issue a written opinion in
support of its decision whenever the judgment of the sentencing court is reversed and may issue written opinions in any
other case where the court believes that a written opinion
would provide guidance to sentencing courts and others in
implementing this chapter and in developing a common law
of sentencing within the state.
(7) The department may petition for a review of a sentence committing an offender to the custody or jurisdiction of
the department. The review shall be limited to errors of law.
Such petition shall be filed with the court of appeals no later
than ninety days after the department has actual knowledge
of terms of the sentence. The petition shall include a certification by the department that all reasonable efforts to resolve
the dispute at the superior court level have been exhausted.
[2002 c 290 § 19; 2000 c 28 § 10; 1989 c 214 § 1; 1984 c 209
§ 13; 1982 c 192 § 7; 1981 c 137 § 21. Formerly RCW
9.94A.210.]
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Additional notes found at www.leg.wa.gov
9.94A.589 Consecutive or concurrent sentences.
(1)(a) Except as provided in (b) or (c) of this subsection,
whenever a person is to be sentenced for two or more current
offenses, the sentence range for each current offense shall be
determined by using all other current and prior convictions as
if they were prior convictions for the purpose of the offender
score: PROVIDED, That if the court enters a finding that
some or all of the current offenses encompass the same criminal conduct then those current offenses shall be counted as
one crime. Sentences imposed under this subsection shall be
served concurrently. Consecutive sentences may only be
imposed under the exceptional sentence provisions of RCW
9.94A.535. "Same criminal conduct," as used in this subsection, means two or more crimes that require the same criminal intent, are committed at the same time and place, and
involve the same victim. This definition applies in cases
involving vehicular assault or vehicular homicide even if the
victims occupied the same vehicle.
(b) Whenever a person is convicted of two or more serious violent offenses arising from separate and distinct criminal conduct, the standard sentence range for the offense with
the highest seriousness level under RCW 9.94A.515 shall be
determined using the offender’s prior convictions and other
current convictions that are not serious violent offenses in the
9.94A.589
[Title 9 RCW—page 138]
offender score and the standard sentence range for other serious violent offenses shall be determined by using an offender
score of zero. The standard sentence range for any offenses
that are not serious violent offenses shall be determined
according to (a) of this subsection. All sentences imposed
under (b) of this subsection shall be served consecutively to
each other and concurrently with sentences imposed under
(a) of this subsection.
(c) If an offender is convicted under RCW 9.41.040 for
unlawful possession of a firearm in the first or second degree
and for the felony crimes of theft of a firearm or possession of
a stolen firearm, or both, the standard sentence range for each
of these current offenses shall be determined by using all
other current and prior convictions, except other current convictions for the felony crimes listed in this subsection (1)(c),
as if they were prior convictions. The offender shall serve
consecutive sentences for each conviction of the felony
crimes listed in this subsection (1)(c), and for each firearm
unlawfully possessed.
(2)(a) Except as provided in (b) of this subsection, whenever a person while under sentence for conviction of a felony
commits another felony and is sentenced to another term of
confinement, the latter term shall not begin until expiration of
all prior terms.
(b) Whenever a second or later felony conviction results
in community supervision with conditions not currently in
effect, under the prior sentence or sentences of community
supervision the court may require that the conditions of community supervision contained in the second or later sentence
begin during the immediate term of community supervision
and continue throughout the duration of the consecutive term
of community supervision.
(3) Subject to subsections (1) and (2) of this section,
whenever a person is sentenced for a felony that was committed while the person was not under sentence for conviction of
a felony, the sentence shall run concurrently with any felony
sentence which has been imposed by any court in this or
another state or by a federal court subsequent to the commission of the crime being sentenced unless the court pronouncing the current sentence expressly orders that they be served
consecutively.
(4) Whenever any person granted probation under RCW
9.95.210 or 9.92.060, or both, has the probationary sentence
revoked and a prison sentence imposed, that sentence shall
run consecutively to any sentence imposed pursuant to this
chapter, unless the court pronouncing the subsequent sentence expressly orders that they be served concurrently.
(5) In the case of consecutive sentences, all periods of
total confinement shall be served before any partial confinement, community restitution, community supervision, or any
other requirement or conditions of any of the sentences.
Except for exceptional sentences as authorized under RCW
9.94A.535, if two or more sentences that run consecutively
include periods of community supervision, the aggregate of
the community supervision period shall not exceed twentyfour months. [2002 c 175 § 7; 2000 c 28 § 14; 1999 c 352 §
11; 1998 c 235 § 2; 1996 c 199 § 3; 1995 c 167 § 2; 1990 c 3
§ 704. Prior: 1988 c 157 § 5; 1988 c 143 § 24; 1987 c 456 §
5; 1986 c 257 § 28; 1984 c 209 § 25; 1983 c 115 § 11. Formerly RCW 9.94A.400.]
Effective date—2002 c 175: See note following RCW 7.80.130.
(2010 Ed.)
Sentencing Reform Act of 1981
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Additional notes found at www.leg.wa.gov
9.94A.595 Anticipatory offenses. For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing
grid sentence range defined by the appropriate offender score
and the seriousness level of the crime, and multiplying the
range by 75 percent. [2000 c 28 § 16; 1986 c 257 § 29; 1984
c 209 § 26; 1983 c 115 § 12. Formerly RCW 9.94A.410.]
9.94A.633
including suspended sentences. [1999 c 197 § 2. Formerly
RCW 9.94A.129.]
Additional notes found at www.leg.wa.gov
9.94A.595
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Additional notes found at www.leg.wa.gov
9.94A.599 Presumptive ranges that exceed the statutory maximum. If the presumptive sentence duration given
in the sentencing grid exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall
be the presumptive sentence. If the addition of a firearm or
deadly weapon enhancement increases the sentence so that it
would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be
reduced. [1998 c 235 § 3; 1983 c 115 § 13. Formerly RCW
9.94A.420.]
9.94A.599
9.94A.603 Felony alcohol violators—Treatment during incarceration—Conditions. (1) When sentencing an
offender convicted of a violation of RCW 46.61.502(6) or
46.61.504(6), the court, in addition to imposing the provisions of this chapter, shall order the offender to undergo alcohol or chemical dependency treatment services during incarceration. The offender shall be liable for the cost of treatment
unless the court finds the offender indigent and no third-party
insurance coverage is available.
(2) The provisions under *RCW 46.61.5055 (8) and (9)
regarding the suspension, revocation, or denial of the
offender’s license, permit, or nonresident privilege to drive
shall apply to an offender convicted of a violation of RCW
46.61.502(6) or 46.61.504(6).
(3) The provisions under RCW 46.20.720 and
*46.61.5055(5) regarding ignition interlock devices shall
apply to an offender convicted of a violation of RCW
46.61.502(6) or 46.61.504(6). [2006 c 73 § 4.]
9.94A.603
*Reviser’s note: RCW 46.61.5055 was amended by 2008 c 282 § 14,
changing subsections (5), (8), and (9) to subsections (6), (9), and (10),
respectively, effective January 1, 2009.
Effective date—2006 c 73: See note following RCW 46.61.502.
9.94A.607 Chemical dependency. (1) Where the court
finds that the offender has a chemical dependency that has
contributed to his or her offense, the court may, as a condition
of the sentence and subject to available resources, order the
offender to participate in rehabilitative programs or otherwise
to perform affirmative conduct reasonably related to the circumstances of the crime for which the offender has been convicted and reasonably necessary or beneficial to the offender
and the community in rehabilitating the offender.
(2) This section applies to sentences which include any
term other than, or in addition to, a term of total confinement,
9.94A.607
(2010 Ed.)
9.94A.631 Violation of condition or requirement of
sentence—Security searches authorized—Arrest by community corrections officer—Confinement in county jail.
(1) If an offender violates any condition or requirement of a
sentence, a community corrections officer may arrest or
cause the arrest of the offender without a warrant, pending a
determination by the court or a department of corrections
hearing officer. If there is reasonable cause to believe that an
offender has violated a condition or requirement of the sentence, a community corrections officer may require an
offender to submit to a search and seizure of the offender’s
person, residence, automobile, or other personal property.
(2) For the safety and security of department staff, an
offender may be required to submit to pat searches, or other
limited security searches, by community corrections officers,
correctional officers, and other agency approved staff, without reasonable cause, when in or on department premises,
grounds, or facilities, or while preparing to enter department
premises, grounds, facilities, or vehicles. Pat searches of
offenders shall be conducted only by staff who are the same
gender as the offender, except in emergency situations.
(3) A community corrections officer may also arrest an
offender for any crime committed in his or her presence. The
facts and circumstances of the conduct of the offender shall
be reported by the community corrections officer, with recommendations, to the court or department of corrections
hearing officer.
If a community corrections officer arrests or causes the
arrest of an offender under this section, the offender shall be
confined and detained in the county jail of the county in
which the offender was taken into custody, and the sheriff of
that county shall receive and keep in the county jail, where
room is available, all prisoners delivered to the jail by the
community corrections officer, and such offenders shall not
be released from custody on bail or personal recognizance,
except upon approval of the court or authorized department
staff, pursuant to a written order. [2009 c 390 § 1; 1984 c 209
§ 11. Formerly RCW 9.94A.195.]
9.94A.631
Additional notes found at www.leg.wa.gov
9.94A.633 Violation of condition or requirement—
Offender charged with new offense—Sanctions—Procedures. (1)(a) An offender who violates any condition or
requirement of a sentence may be sanctioned with up to sixty
days’ confinement for each violation.
(b) In lieu of confinement, an offender may be sanctioned with work release, home detention with electronic
monitoring, work crew, community restitution, inpatient
treatment, daily reporting, curfew, educational or counseling
sessions, supervision enhanced through electronic monitoring, or any other sanctions available in the community.
(2) If an offender was under community custody pursuant to one of the following statutes, the offender may be sanctioned as follows:
(a) If the offender was transferred to community custody
in lieu of earned early release in accordance with RCW
9.94A.633
[Title 9 RCW—page 139]
9.94A.6331
Title 9 RCW: Crimes and Punishments
9.94A.728, the offender may be transferred to a more restrictive confinement status to serve up to the remaining portion
of the sentence, less credit for any period actually spent in
community custody or in detention awaiting disposition of an
alleged violation.
(b) If the offender was sentenced under the drug offender
sentencing alternative set out in RCW 9.94A.660, the
offender may be sanctioned in accordance with that section.
(c) If the offender was sentenced under the parenting
sentencing alternative set out in RCW 9.94A.655, the
offender may be sanctioned in accordance with that section.
(d) If the offender was sentenced under the special sex
offender sentencing alternative set out in RCW 9.94A.670,
the suspended sentence may be revoked and the offender
committed to serve the original sentence of confinement.
(e) If the offender was sentenced to a work ethic camp
pursuant to RCW 9.94A.690, the offender may be reclassified to serve the unexpired term of his or her sentence in total
confinement.
(f) If a sex offender was sentenced pursuant to RCW
9.94A.507, the offender may be transferred to a more restrictive confinement status to serve up to the remaining portion
of the sentence, less credit for any period actually spent in
community custody or in detention awaiting disposition of an
alleged violation.
(3) If a probationer is being supervised by the department pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, the
probationer may be sanctioned pursuant to subsection (1) of
this section. The department shall have authority to issue a
warrant for the arrest of an offender who violates a condition
of community custody, as provided in RCW 9.94A.716. Any
sanctions shall be imposed by the department pursuant to
RCW 9.94A.737. The department shall provide a copy of the
violation hearing report to the sentencing court in a timely
manner. Nothing in this subsection is intended to limit the
power of the sentencing court to respond to a probationer’s
violation of conditions.
(4) The parole or probation of an offender who is
charged with a new felony offense may be suspended and the
offender placed in total confinement pending disposition of
the new criminal charges if:
(a) The offender is on parole pursuant to RCW
9.95.110(1); or
(b) The offender is being supervised pursuant to RCW
9.94A.745 and is on parole or probation pursuant to the laws
of another state. [2010 c 258 § 1; 2010 c 224 § 12; 2009 c 375
§ 12; 2009 c 28 § 7; 2008 c 231 § 15.]
Reviser’s note: This section was amended by 2010 c 224 § 12 and by
2010 c 258 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Application—2010 c 258 § 1: "Section 1 of this act applies to all
offenders who committed their crimes before, on, or after June 10, 2010."
[2010 c 258 § 2.]
Application—2009 c 375: See note following RCW 9.94A.501.
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
[Title 9 RCW—page 140]
9.94A.6331 Sanctions—Where served. (1) If a sanction of confinement is imposed by the court, the following
applies:
(a) If the sanction was imposed pursuant to RCW
9.94A.633(1), the sanction shall be served in a county facility.
(b) If the sanction was imposed pursuant to RCW
9.94A.633(2), the sanction shall be served in a state facility.
(2) If a sanction of confinement is imposed by the
department, and if the offender is an inmate as defined by
RCW 72.09.015, no more than eight days of the sanction,
including any credit for time served, may be served in a
county facility. The balance of the sanction shall be served in
a state facility. In computing the eight-day period, weekends
and holidays shall be excluded. The department may negotiate with local correctional authorities for an additional period
of detention.
(3) If a sanction of confinement is imposed by the board,
it shall be served in a state facility.
(4) Sanctions imposed pursuant to RCW 9.94A.670(3)
shall be served in a county facility.
(5) As used in this section, "county facility" means a
facility operated, licensed, or utilized under contract by the
county, and "state facility" means a facility operated,
licensed, or utilized under contract by the state. [2008 c 231
§ 17.]
9.94A.6331
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
9.94A.6332 Sanctions—Which entity imposes. The
procedure for imposing sanctions for violations of sentence
conditions or requirements is as follows:
(1) If the offender was sentenced under the drug offender
sentencing alternative, any sanctions shall be imposed by the
department or the court pursuant to RCW 9.94A.660.
(2) If the offender was sentenced under the special sex
offender sentencing alternative, any sanctions shall be
imposed by the department or the court pursuant to RCW
9.94A.670.
(3) If the offender was sentenced under the parenting
sentencing alternative, any sanctions shall be imposed by the
department or by the court pursuant to RCW 9.94A.655.
(4) If a sex offender was sentenced pursuant to RCW
9.94A.507, any sanctions shall be imposed by the board pursuant to RCW 9.95.435.
(5) In any other case, if the offender is being supervised
by the department, any sanctions shall be imposed by the
department pursuant to RCW 9.94A.737. If a probationer is
being supervised by the department pursuant to RCW
9.92.060, 9.95.204, or 9.95.210, upon receipt of a violation
hearing report from the department, the court retains any
authority that those statutes provide to respond to a probationer’s violation of conditions.
(6) If the offender is not being supervised by the department, any sanctions shall be imposed by the court pursuant to
RCW 9.94A.6333. [2010 c 224 § 11; 2009 c 375 § 14; 2009
c 28 § 8; 2008 c 231 § 18.]
9.94A.6332
Application—2009 c 375: See note following RCW 9.94A.501.
Effective date—2009 c 28: See note following RCW 2.24.040.
(2010 Ed.)
Sentencing Reform Act of 1981
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
9.94A.6333 Sanctions—Modification of sentence—
Noncompliance hearing. (1) If an offender violates any
condition or requirement of a sentence, and the offender is
not being supervised by the department, the court may modify its order of judgment and sentence and impose further
punishment in accordance with this section.
(2) If an offender fails to comply with any of the conditions or requirements of a sentence the following provisions
apply:
(a) The court, upon the motion of the state, or upon its
own motion, shall require the offender to show cause why the
offender should not be punished for the noncompliance. The
court may issue a summons or a warrant of arrest for the
offender’s appearance;
(b) The state has the burden of showing noncompliance
by a preponderance of the evidence;
(c) If the court finds that a violation has been proved, it
may impose the sanctions specified in RCW 9.94A.633(1).
Alternatively, the court may:
(i) Convert a term of partial confinement to total confinement;
(ii) Convert community restitution obligation to total or
partial confinement; or
(iii) Convert monetary obligations, except restitution and
the crime victim penalty assessment, to community restitution hours at the rate of the state minimum wage as established in RCW 49.46.020 for each hour of community restitution;
(d) If the court finds that the violation was not willful,
the court may modify its previous order regarding payment of
legal financial obligations and regarding community restitution obligations; and
(e) If the violation involves a failure to undergo or comply with a mental health status evaluation and/or outpatient
mental health treatment, the court shall seek a recommendation from the treatment provider or proposed treatment provider. Enforcement of orders concerning outpatient mental
health treatment must reflect the availability of treatment and
must pursue the least restrictive means of promoting participation in treatment. If the offender’s failure to receive care
essential for health and safety presents a risk of serious physical harm or probable harmful consequences, the civil detention and commitment procedures of chapter 71.05 RCW shall
be considered in preference to incarceration in a local or state
correctional facility.
(3) Any time served in confinement awaiting a hearing
on noncompliance shall be credited against any confinement
ordered by the court.
(4) Nothing in this section prohibits the filing of escape
charges if appropriate. [2008 c 231 § 19.]
9.94A.6333
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
9.94A.637 Discharge upon completion of sentence—
Certificate of discharge—Issuance, effect of no-contact
order—Obligations, counseling after discharge. (1)(a)
9.94A.637
(2010 Ed.)
9.94A.637
When an offender has completed all requirements of the sentence, including any and all legal financial obligations, and
while under the custody and supervision of the department,
the secretary or the secretary’s designee shall notify the sentencing court, which shall discharge the offender and provide
the offender with a certificate of discharge by issuing the certificate to the offender in person or by mailing the certificate
to the offender’s last known address.
(b)(i) When an offender has reached the end of his or her
supervision with the department and has completed all the
requirements of the sentence except his or her legal financial
obligations, the secretary’s designee shall provide the county
clerk with a notice that the offender has completed all nonfinancial requirements of the sentence.
(ii) When the department has provided the county clerk
with notice that an offender has completed all the requirements of the sentence and the offender subsequently satisfies
all legal financial obligations under the sentence, the county
clerk shall notify the sentencing court, including the notice
from the department, which shall discharge the offender and
provide the offender with a certificate of discharge by issuing
the certificate to the offender in person or by mailing the certificate to the offender’s last known address.
(c) When an offender who is subject to requirements of
the sentence in addition to the payment of legal financial obligations either is not subject to supervision by the department
or does not complete the requirements while under supervision of the department, it is the offender’s responsibility to
provide the court with verification of the completion of the
sentence conditions other than the payment of legal financial
obligations. When the offender satisfies all legal financial
obligations under the sentence, the county clerk shall notify
the sentencing court that the legal financial obligations have
been satisfied. When the court has received both notification
from the clerk and adequate verification from the offender
that the sentence requirements have been completed, the
court shall discharge the offender and provide the offender
with a certificate of discharge by issuing the certificate to the
offender in person or by mailing the certificate to the
offender’s last known address.
(2)(a) For purposes of this subsection (2), a no-contact
order is not a requirement of the offender’s sentence. An
offender who has completed all requirements of the sentence,
including any and all legal financial obligations, is eligible
for a certificate of discharge even if the offender has an existing no-contact order that excludes or prohibits the offender
from having contact with a specified person or business or
coming within a set distance of any specified location.
(b) In the case of an eligible offender who has a no-contact order as part of the judgment and sentence, the offender
may petition the court to issue a certificate of discharge and a
separate no-contact order by filing a petition in the sentencing court and paying the appropriate filing fee associated
with the petition for the separate no-contact order. This filing
fee does not apply to an offender seeking a certificate of discharge when the offender has a no-contact order separate
from the judgment and sentence.
(i)(A) The court shall issue a certificate of discharge and
a separate no-contact order under this subsection (2) if the
court determines that the offender has completed all requirements of the sentence, including all legal financial obliga[Title 9 RCW—page 141]
9.94A.640
Title 9 RCW: Crimes and Punishments
tions. The court shall reissue the no-contact order separately
under a new civil cause number for the remaining term and
under the same conditions as contained in the judgment and
sentence.
(B) The clerk of the court shall send a copy of the new
no-contact order to the individuals protected by the no-contact order, along with an explanation of the reason for the
change, if there is an address available in the court file. If no
address is available, the clerk of the court shall forward a
copy of the order to the prosecutor, who shall send a copy of
the no-contact order with an explanation of the reason for the
change to the last known address of the protected individuals.
(ii) Whenever an order under this subsection (2) is
issued, the clerk of the court shall forward a copy of the order
to the appropriate law enforcement agency specified in the
order on or before the next judicial day. The clerk shall also
include a cover sheet that indicates the case number of the
judgment and sentence that has been discharged. Upon
receipt of the copy of the order and cover sheet, the law
enforcement agency shall enter the order into any computerbased criminal intelligence information system available in
this state used by law enforcement agencies to list outstanding warrants. The order shall remain in this system until it
expires. The new order, and case number of the discharged
judgment and sentence, shall be linked in the criminal intelligence information system for purposes of enforcing the nocontact order.
(iii) A separately issued no-contact order may be
enforced under chapter 26.50 RCW.
(iv) A separate no-contact order issued under this subsection (2) is not a modification of the offender’s sentence.
(3) Every signed certificate and order of discharge shall
be filed with the county clerk of the sentencing county. In
addition, the court shall send to the department a copy of
every signed certificate and order of discharge for offender
sentences under the authority of the department. The county
clerk shall enter into a database maintained by the administrator for the courts the names of all felons who have been
issued certificates of discharge, the date of discharge, and the
date of conviction and offense.
(4) An offender who is not convicted of a violent offense
or a sex offense and is sentenced to a term involving community supervision may be considered for a discharge of sentence by the sentencing court prior to the completion of community supervision, provided that the offender has completed
at least one-half of the term of community supervision and
has met all other sentence requirements.
(5) The discharge shall have the effect of restoring all
civil rights not already restored by RCW 29A.08.520, and the
certificate of discharge shall so state. Nothing in this section
prohibits the use of an offender’s prior record for purposes of
determining sentences for later offenses as provided in this
chapter. Nothing in this section affects or prevents use of the
offender’s prior conviction in a later criminal prosecution
either as an element of an offense or for impeachment purposes. A certificate of discharge is not based on a finding of
rehabilitation.
(6) Unless otherwise ordered by the sentencing court, a
certificate of discharge shall not terminate the offender’s
obligation to comply with an order that excludes or prohibits
the offender from having contact with a specified person or
[Title 9 RCW—page 142]
coming within a set distance of any specified location that
was contained in the judgment and sentence. An offender
who violates such an order after a certificate of discharge has
been issued shall be subject to prosecution according to the
chapter under which the order was originally issued.
(7) Upon release from custody, the offender may apply
to the department for counseling and help in adjusting to the
community. This voluntary help may be provided for up to
one year following the release from custody. [2009 c 325 §
3; 2009 c 288 § 2; 2007 c 171 § 1; 2004 c 121 § 2; 2003 c 379
§ 19; 2002 c 16 § 2; 2000 c 119 § 3; 1994 c 271 § 901; 1984
c 209 § 14; 1981 c 137 § 22. Formerly RCW 9.94A.220.]
Reviser’s note: This section was amended by 2009 c 288 § 2 and by
2009 c 325 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—2009 c 288: "The legislature finds that restoration of the
right to vote and serve on a jury, for individuals who have satisfied every
other obligation of their sentence, best serves to reintegrate them into society, even if a no-contact order exists. Therefore, the legislature further finds
clarification of the existing statute is desirable to provide clarity to the courts
that a certificate of discharge shall be issued, while the no-contact order
remains in effect, once other obligations are completed." [2009 c 288 § 1.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
Intent—2002 c 16: "The legislature recognizes that an individual’s
right to vote is a hallmark of a free and inclusive society and that it is in the
best interests of society to provide reasonable opportunities and processes
for an offender to regain the right to vote after completion of all of the
requirements of his or her sentence. The legislature intends to clarify the
method by which the court may fulfill its already existing direction to provide discharged offenders with their certificates of discharge." [2002 c 16 §
1.]
Application—2000 c 119: See note following RCW 26.50.021.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Additional notes found at www.leg.wa.gov
9.94A.640 Vacation of offender’s record of conviction. (1) Every offender who has been discharged under
RCW 9.94A.637 may apply to the sentencing court for a
vacation of the offender’s record of conviction. If the court
finds the offender meets the tests prescribed in subsection (2)
of this section, the court may clear the record of conviction
by: (a) Permitting the offender to withdraw the offender’s
plea of guilty and to enter a plea of not guilty; or (b) if the
offender has been convicted after a plea of not guilty, by the
court setting aside the verdict of guilty; and (c) by the court
dismissing the information or indictment against the
offender.
(2) An offender may not have the record of conviction
cleared if: (a) There are any criminal charges against the
offender pending in any court of this state or another state, or
in any federal court; (b) the offense was a violent offense as
defined in RCW 9.94A.030; (c) the offense was a crime
against persons as defined in RCW 43.43.830; (d) the
offender has been convicted of a new crime in this state,
another state, or federal court since the date of the offender’s
discharge under RCW 9.94A.637; (e) the offense is a class B
felony and less than ten years have passed since the date the
applicant was discharged under RCW 9.94A.637; (f) the
offense was a class C felony, other than a class C felony
9.94A.640
(2010 Ed.)
Sentencing Reform Act of 1981
described in RCW 46.61.502(6) or 46.61.504(6), and less
than five years have passed since the date the applicant was
discharged under RCW 9.94A.637; or (g) the offense was a
class C felony descr ib ed in RCW 46.61.502( 6) or
46.61.504(6) and less than ten years have passed since the
applicant was discharged under RCW 9.94A.637.
(3) Once the court vacates a record of conviction under
subsection (1) of this section, the fact that the offender has
been convicted of the offense shall not be included in the
offender’s criminal history for purposes of determining a sentence in any subsequent conviction, and the offender shall be
released from all penalties and disabilities resulting from the
offense. For all purposes, including responding to questions
on employment applications, an offender whose conviction
has been vacated may state that the offender has never been
convicted of that crime. Nothing in this section affects or
prevents the use of an offender’s prior conviction in a later
criminal prosecution. [2006 c 73 § 8; 1987 c 486 § 7; 1981 c
137 § 23. Formerly RCW 9.94A.230.]
Effective date—2006 c 73: See note following RCW 46.61.502.
Additional notes found at www.leg.wa.gov
SENTENCING ALTERNATIVES
9.94A.650 First-time offender waiver. (1) This section applies to offenders who have never been previously
convicted of a felony in this state, federal court, or another
state, and who have never participated in a program of
deferred prosecution for a felony, and who are convicted of a
felony that is not:
(a) Classified as a violent offense or a sex offense under
this chapter;
(b) Manufacture, delivery, or possession with intent to
manufacture or deliver a controlled substance classified in
Schedule I or II that is a narcotic drug or flunitrazepam classified in Schedule IV;
(c) Manufacture, delivery, or possession with intent to
deliver a methamphetamine, its salts, isomers, and salts of its
isomers as defined in RCW 69.50.206(d)(2);
(d) The selling for profit of any controlled substance or
counterfeit substance classified in Schedule I, RCW
69.50.204, except leaves and flowering tops of marihuana; or
(e) Felony driving while under the influence of intoxicating liquor or any drug or felony physical control of a vehicle
while under the influence of intoxicating liquor or any drug.
(2) In sentencing a first-time offender the court may
waive the imposition of a sentence within the standard sentence range and impose a sentence which may include up to
ninety days of confinement in a facility operated or utilized
under contract by the county and a requirement that the
offender refrain from committing new offenses.
(3) The court may impose up to one year of community
custody unless treatment is ordered, in which case the period
of community custody may include up to the period of treatment, but shall not exceed two years.
(4) As a condition of community custody, in addition to
any conditions authorized in RCW 9.94A.703, the court may
order the offender to pay all court-ordered legal financial
obligations and/or perform community restitution work.
[2008 c 231 § 29; 2006 c 73 § 9; 2002 c 175 § 9; 2000 c 28 §
18.]
9.94A.650
(2010 Ed.)
9.94A.655
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Effective date—2006 c 73: See note following RCW 46.61.502.
Effective date—2002 c 175: See note following RCW 7.80.130.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.655 Parenting sentencing alternative. (1) An
offender is eligible for the parenting sentencing alternative if:
(a) The high end of the standard sentence range for the
current offense is greater than one year;
(b) The offender has no prior or current conviction for a
felony that is a sex offense or a violent offense;
(c) The offender has not been found by the United States
attorney general to be subject to a deportation detainer or
order and does not become subject to a deportation order during the period of the sentence;
(d) The offender signs any release of information waivers required to allow information regarding current or prior
child welfare cases to be shared with the department and the
court; and
(e) The offender has physical custody of his or her minor
child or is a legal guardian or custodian with physical custody
of a child under the age of eighteen at the time of the current
offense.
(2) To assist the court in making its determination, the
court may order the department to complete either a risk
assessment report or a chemical dependency screening report
as provided in RCW 9.94A.500, or both reports prior to sentencing.
(3) If the court is considering this alternative, the court
shall request that the department contact the children’s
administration of the Washington state department of social
and health services to determine if the agency has an open
child welfare case or prior substantiated referral of abuse or
neglect involving the offender or if the agency is aware of
any substantiated case of abuse or neglect with a tribal child
welfare agency involving the offender.
(a) If the offender has an open child welfare case, the
department will provide the release of information waiver
and request that the children’s administration or the tribal
child welfare agency provide a report to the court. The children’s administration shall provide a report within seven
business days of the request that includes, at the minimum,
the following:
(i) Legal status of the child welfare case;
(ii) Length of time the children’s administration has been
involved with the offender;
(iii) Legal status of the case and permanent plan;
(iv) Any special needs of the child;
(v) Whether or not the offender has been cooperative
with services ordered by a juvenile court under a child welfare case; and
(vi) If the offender has been convicted of a crime against
a child.
(b) If a report is required from a tribal child welfare
agency, the department shall attempt to obtain information
that is similar to what is required for the report provided by
the children’s administration in a timely manner.
9.94A.655
[Title 9 RCW—page 143]
9.94A.6551
Title 9 RCW: Crimes and Punishments
(c) If the offender does not have an open child welfare
case with the children’s administration or with a tribal child
welfare agency but has prior involvement, the department
will obtain information from the children’s administration on
the number and type of past substantiated referrals of abuse
or neglect and report that information to the court. If the children’s administration has never had any substantiated referrals or an open case with the offender, the department will
inform the court.
(4) If the sentencing court determines that the offender is
eligible for a sentencing alternative under this section and
that the sentencing alternative is appropriate and should be
imposed, the court shall waive imposition of a sentence
within the standard sentence range and impose a sentence
consisting of twelve months of community custody. The
court shall consider the offender’s criminal history when
determining if the alternative is appropriate.
(5) When a court imposes a sentence of community custody under this section:
(a) The court may impose conditions as provided in
RCW 9.94A.703 and may impose other affirmative conditions as the court considers appropriate.
(b) The department may impose conditions as authorized
in RCW 9.94A.704 that may include, but are not limited to:
(i) Parenting classes;
(ii) Chemical dependency treatment;
(iii) Mental health treatment;
(iv) Vocational training;
(v) Offender change programs;
(vi) Life skills classes.
(c) The department shall report to the court if the
offender commits any violations of his or her sentence conditions.
(6) The department shall provide the court with quarterly
progress reports regarding the offender’s progress in required
programming, treatment, and other supervision conditions.
When an offender has an open child welfare case, the department will seek to coordinate services with the children’s
administration.
(7)(a) The court may bring any offender sentenced under
this section back into court at any time during the period of
community custody on its own initiative to evaluate the
offender’s progress in treatment, or to determine if any violations of the conditions of the sentence have occurred.
(b) If the offender is brought back to court, the court may
modify the conditions of community custody or impose sanctions under (c) of this subsection.
(c) The court may order the offender to serve a term of
total confinement within the standard range of the offender’s
current offense at any time during the period of community
custody, if the offender violates the conditions or requirements of the sentence or if the offender is failing to make satisfactory progress in treatment.
(d) An offender ordered to serve a term of total confinement under (c) of this subsection shall receive credit for any
time previously served in confinement under this section.
[2010 c 224 § 2.]
9.94A.6551 Partial confinement as a part of a parenting program. For offenders not sentenced under RCW
9.94A.655, but otherwise eligible under this section, no more
9.94A.6551
[Title 9 RCW—page 144]
than the final twelve months of the offender’s term of confinement may be served in partial confinement as home
detention as part of the parenting program developed by the
department.
(1) The secretary may transfer an offender from a correctional facility to home detention in the community if it is
determined that the parenting program is an appropriate
placement and when all of the following conditions exist:
(a) The offender is serving a sentence in which the high
end of the range is greater than one year;
(b) The offender has no current conviction for a felony
that is a sex offense or a violent offense;
(c) The offender has not been found by the United States
attorney general to be subject to a deportation detainer or
order and does not become subject to a deportation order during the period of the sentence;
(d) The offender signs any release of information waivers required to allow information regarding current or prior
child welfare cases to be shared with the department and the
court;
(e) The offender:
(i) Has physical or legal custody of a minor child;
(ii) Has a proven, established, ongoing, and substantial
relationship with his or her minor child that existed prior to
the commission of the current offense; or
(iii) Is a legal guardian of a child that was under the age
of eighteen at the time of the current offense; and
(f) The department determines that such a placement is
in the best interests of the child.
(2) When the department is considering partial confinement as part of the parenting program for an offender, the
department shall inquire of the individual and the children’s
administration with the Washington state department of
social and health services whether the agency has an open
child welfare case or prior substantiated referral for abuse or
neglect involving the offender. If the children’s administration or a tribal jurisdiction has an open child welfare case, the
department will seek input from the children’s administration
or the involved tribal jurisdiction as to: (a) The status of the
child welfare case; and (b) recommendations regarding
placement of the offender and services required of the department and the court governing the individual’s child welfare
case. The department and its officers, agents, and employees
are not liable for the acts of offenders participating in the
parenting program unless the department or its officers,
agents, and employees acted with willful and wanton disregard.
(3) All offenders placed on home detention as part of the
parenting program shall provide an approved residence and
living arrangement prior to transfer to home detention.
(4) While in the community on home detention as part of
the parenting program, the department shall:
(a) Require the offender to be placed on electronic home
monitoring;
(b) Require the offender to participate in programming
and treatment that the department determines is needed;
(c) Assign a community corrections officer who will
monitor the offender’s compliance with conditions of partial
confinement and programming requirements; and
(2010 Ed.)
Sentencing Reform Act of 1981
(d) If the offender has an open child welfare case with
the children’s administration, collaborate and communicate
with the identified social worker in the provision of services.
(5) The department has the authority to return any
offender serving partial confinement in the parenting program to total confinement if the offender is not complying
with sentence requirements. [2010 c 224 § 8.]
9.94A.660 Drug offender sentencing alternative—
Prison-based or residential alternative. (1) An offender is
eligible for the special drug offender sentencing alternative
if:
(a) The offender is convicted of a felony that is not a violent offense or sex offense and the violation does not involve
a sentence enhancement under RCW 9.94A.533 (3) or (4);
(b) The offender is convicted of a felony that is not a felony driving while under the influence of intoxicating liquor
or any drug under RCW 46.61.502(6) or felony physical control of a vehicle while under the influence of intoxicating
liquor or any drug under RCW 46.61.504(6);
(c) The offender has no current or prior convictions for a
sex offense at any time or violent offense within ten years
before conviction of the current offense, in this state, another
state, or the United States;
(d) For a violation of the Uniform Controlled Substances
Act under chapter 69.50 RCW or a criminal solicitation to
commit such a violation under chapter 9A.28 RCW, the
offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale
price, and street value of the controlled substance;
(e) The offender has not been found by the United States
attorney general to be subject to a deportation detainer or
order and does not become subject to a deportation order during the period of the sentence;
(f) The end of the standard sentence range for the current
offense is greater than one year; and
(g) The offender has not received a drug offender sentencing alternative more than once in the prior ten years
before the current offense.
(2) A motion for a special drug offender sentencing alternative may be made by the court, the offender, or the state.
(3) If the sentencing court determines that the offender is
eligible for an alternative sentence under this section and that
the alternative sentence is appropriate, the court shall waive
imposition of a sentence within the standard sentence range
and impose a sentence consisting of either a prison-based
alternative under RCW 9.94A.662 or a residential chemical
dependency treatment-based alternative under RCW
9.94A.664. The residential chemical dependency treatmentbased alternative is only available if the midpoint of the standard range is twenty-four months or less.
(4) To assist the court in making its determination, the
court may order the department to complete either or both a
risk assessment report and a chemical dependency screening
report as provided in RCW 9.94A.500.
(5)(a) If the court is considering imposing a sentence
under the residential chemical dependency treatment-based
alternative, the court may order an examination of the
offender by the department. The examination shall, at a minimum, address the following issues:
9.94A.660
(2010 Ed.)
9.94A.660
(i) Whether the offender suffers from drug addiction;
(ii) Whether the addiction is such that there is a probability that criminal behavior will occur in the future;
(iii) Whether effective treatment for the offender’s
addiction is available from a provider that has been licensed
or certified by the division of alcohol and substance abuse of
the department of social and health services; and
(iv) Whether the offender and the community will benefit from the use of the alternative.
(b) The examination report must contain:
(i) A proposed monitoring plan, including any requirements regarding living conditions, lifestyle requirements, and
monitoring by family members and others; and
(ii) Recommended crime-related prohibitions and affirmative conditions.
(6) When a court imposes a sentence of community custody under this section:
(a) The court may impose conditions as provided in
RCW 9.94A.703 and may impose other affirmative conditions as the court considers appropriate. In addition, an
offender may be required to pay thirty dollars per month
while on community custody to offset the cost of monitoring
for alcohol or controlled substances.
(b) The department may impose conditions and sanctions as authorized in RCW 9.94A.704 and RCW 9.94A.737.
(7)(a) The court may bring any offender sentenced under
this section back into court at any time on its own initiative to
evaluate the offender’s progress in treatment or to determine
if any violations of the conditions of the sentence have
occurred.
(b) If the offender is brought back to court, the court may
modify the conditions of the community custody or impose
sanctions under (c) of this subsection.
(c) The court may order the offender to serve a term of
total confinement within the standard range of the offender’s
current offense at any time during the period of community
custody if the offender violates the conditions or requirements of the sentence or if the offender is failing to make satisfactory progress in treatment.
(d) An offender ordered to serve a term of total confinement under (c) of this subsection shall receive credit for any
time previously served under this section.
(8) In serving a term of community custody imposed
upon failure to complete, or administrative termination from,
the special drug offender sentencing alternative program, the
offender shall receive no credit for time served in community
custody prior to termination of the offender’s participation in
the program.
(9) An offender sentenced under this section shall be
subject to all rules relating to earned release time with respect
to any period served in total confinement.
(10) Costs of examinations and preparing treatment
plans under a special drug offender sentencing alternative
may be paid, at the option of the county, from funds provided
to the county from the criminal justice treatment account
under RCW 70.96A.350. [2009 c 389 § 3; (2009 c 389 § 2
expired August 1, 2009); 2008 c 231 § 30; 2006 c 339 § 302;
2006 c 73 § 10; 2005 c 460 § 1. Prior: 2002 c 290 § 20; 2002
c 175 § 10; 2001 c 10 § 4; 2000 c 28 § 19.]
Effective date—2009 c 389 §§ 1 and 3-5: See note following RCW
9.94A.505.
[Title 9 RCW—page 145]
9.94A.662
Title 9 RCW: Crimes and Punishments
Effective date—2009 c 389 § 2: "Section 2 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [May 7, 2009]." [2009 c 389 § 7.]
Expiration date—2009 c 389 § 2: "Section 2 of this act expires August
1, 2009." [2009 c 389 § 9.]
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Intent—Part headings not law—2006 c 339: See notes following
RCW 70.96A.325.
Effective date—2006 c 73: See note following RCW 46.61.502.
Application—2005 c 460: "This act applies to sentences imposed on or
after October 1, 2005." [2005 c 460 § 2.]
Effective date—2005 c 460: "This act takes effect October 1, 2005."
[2005 c 460 § 3.]
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—Effective date—2001 c 10: See notes following RCW
9.94A.505.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.662 Prison-based drug offender sentencing
alternative. (1) A sentence for a prison-based special drug
offender sentencing alternative shall include:
(a) A period of total confinement in a state facility for
one-half the midpoint of the standard sentence range or
twelve months, whichever is greater;
(b) One-half the midpoint of the standard sentence range
as a term of community custody, which must include appropriate substance abuse treatment in a program that has been
approved by the division of alcohol and substance abuse of
the department of social and health services;
(c) Crime-related prohibitions, including a condition not
to use illegal controlled substances;
(d) A requirement to submit to urinalysis or other testing
to monitor that status; and
(e) A term of community custody pursuant to RCW
9.94A.701 to be imposed upon the failure to complete or
administrative termination from the special drug offender
sentencing alternative program.
(2) During incarceration in the state facility, offenders
sentenced under this section shall undergo a comprehensive
substance abuse assessment and receive, within available
resources, treatment services appropriate for the offender.
The treatment services shall be designed by the division of
alcohol and substance abuse of the department of social and
health services, in cooperation with the department of corrections.
(3) If the department finds that conditions of community
custody have been willfully violated, the offender may be
reclassified to serve the remaining balance of the original
sentence. An offender who fails to complete the program or
who is administratively terminated from the program shall be
reclassified to serve the unexpired term of his or her sentence
as ordered by the sentencing court.
(4) If an offender sentenced to the prison-based alternative under this section is found by the United States attorney
general to be subject to a deportation order, a hearing shall be
9.94A.662
[Title 9 RCW—page 146]
held by the department unless waived by the offender, and, if
the department finds that the offender is subject to a valid
deportation order, the department may administratively terminate the offender from the program and reclassify the
offender to serve the remaining balance of the original sentence. [2009 c 389 § 4.]
Effective date—2009 c 389 §§ 1 and 3-5: See note following RCW
9.94A.505.
9.94A.664 Residential chemical dependency treatment-based alternative. (1) A sentence for a residential
chemical dependency treatment-based alternative shall
include a term of community custody equal to one-half the
midpoint of the standard sentence range or two years, whichever is greater, conditioned on the offender entering and
remaining in residential chemical dependency treatment certified under chapter 70.96A RCW for a period set by the court
between three and six months.
(2)(a) The court shall impose, as conditions of community custody, treatment and other conditions as proposed in
the examination report completed pursuant to RCW
9.94A.660.
(b) If the court imposes a term of community custody,
the department shall, within available resources, make chemical dependency assessment and treatment services available
to the offender during the term of community custody.
(3)(a) If the court imposes a sentence under this section,
the treatment provider must send the treatment plan to the
court within thirty days of the offender’s arrival to the residential chemical dependency treatment program.
(b) Upon receipt of the plan, the court shall schedule a
progress hearing during the period of residential chemical
dependency treatment, and schedule a treatment termination
hearing for three months before the expiration of the term of
community custody.
(c) Before the progress hearing and treatment termination hearing, the treatment provider and the department shall
submit written reports to the court and parties regarding the
offender’s compliance with treatment and monitoring
requirements, and recommendations regarding termination
from treatment.
(4) At a progress hearing or treatment termination hearing, the court may:
(a) Authorize the department to terminate the offender’s
community custody status on the expiration date determined
under subsection (1) of this section;
(b) Continue the hearing to a date before the expiration
date of community custody, with or without modifying the
conditions of community custody; or
(c) Impose a term of total confinement equal to one-half
the midpoint of the standard sentence range, followed by a
term of community custody under RCW 9.94A.701.
(5) If the court imposes a term of total confinement, the
department shall, within available resources, make chemical
dependency assessment and treatment services available to
the offender during the term of total confinement and subsequent term of community custody. [2009 c 389 § 5.]
9.94A.664
Effective date—2009 c 389 §§ 1 and 3-5: See note following RCW
9.94A.505.
(2010 Ed.)
Sentencing Reform Act of 1981
9.94A.670 Special sex offender sentencing alternative. (1) Unless the context clearly requires otherwise, the
definitions in this subsection apply to this section only.
(a) "Sex offender treatment provider" or "treatment provider" means a certified sex offender treatment provider or a
certified affiliate sex offender treatment provider as defined
in RCW 18.155.020.
(b) "Substantial bodily harm" means bodily injury that
involves a temporary but substantial disfigurement, or that
causes a temporary but substantial loss or impairment of the
function of any body part or organ, or that causes a fracture of
any body part or organ.
(c) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person
or property as a result of the crime charged. "Victim" also
means a parent or guardian of a victim who is a minor child
unless the parent or guardian is the perpetrator of the offense.
(2) An offender is eligible for the special sex offender
sentencing alternative if:
(a) The offender has been convicted of a sex offense
other than a violation of RCW 9A.44.050 or a sex offense
that is also a serious violent offense. If the conviction results
from a guilty plea, the offender must, as part of his or her plea
of guilty, voluntarily and affirmatively admit he or she committed all of the elements of the crime to which the offender
is pleading guilty. This alternative is not available to offenders who plead guilty to the offense charged under North
Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162
(1970) and State v. Newton, 87 Wash.2d 363, 552 P.2d 682
(1976);
(b) The offender has no prior convictions for a sex
offense as defined in RCW 9.94A.030 or any other felony sex
offenses in this or any other state;
(c) The offender has no prior adult convictions for a violent offense that was committed within five years of the date
the current offense was committed;
(d) The offense did not result in substantial bodily harm
to the victim;
(e) The offender had an established relationship with, or
connection to, the victim such that the sole connection with
the victim was not the commission of the crime; and
(f) The offender’s standard sentence range for the
offense includes the possibility of confinement for less than
eleven years.
(3) If the court finds the offender is eligible for this alternative, the court, on its own motion or the motion of the state
or the offender, may order an examination to determine
whether the offender is amenable to treatment.
(a) The report of the examination shall include at a minimum the following:
(i) The offender’s version of the facts and the official
version of the facts;
(ii) The offender’s offense history;
(iii) An assessment of problems in addition to alleged
deviant behaviors;
(iv) The offender’s social and employment situation; and
(v) Other evaluation measures used.
The report shall set forth the sources of the examiner’s
information.
(b) The examiner shall assess and report regarding the
offender’s amenability to treatment and relative risk to the
9.94A.670
(2010 Ed.)
9.94A.670
community. A proposed treatment plan shall be provided and
shall include, at a minimum:
(i) Frequency and type of contact between offender and
therapist;
(ii) Specific issues to be addressed in the treatment and
description of planned treatment modalities;
(iii) Monitoring plans, including any requirements
regarding living conditions, lifestyle requirements, and monitoring by family members and others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions and affirmative conditions, which must include, to the extent known,
an identification of specific activities or behaviors that are
precursors to the offender’s offense cycle, including, but not
limited to, activities or behaviors such as viewing or listening
to pornography or use of alcohol or controlled substances.
(c) The court on its own motion may order, or on a
motion by the state shall order, a second examination regarding the offender’s amenability to treatment. The examiner
shall be selected by the party making the motion. The
offender shall pay the cost of any second examination
ordered unless the court finds the defendant to be indigent in
which case the state shall pay the cost.
(4) After receipt of the reports, the court shall consider
whether the offender and the community will benefit from
use of this alternative, consider whether the alternative is too
lenient in light of the extent and circumstances of the offense,
consider whether the offender has victims in addition to the
victim of the offense, consider whether the offender is amenable to treatment, consider the risk the offender would
present to the community, to the victim, or to persons of similar age and circumstances as the victim, and consider the victim’s opinion whether the offender should receive a treatment
disposition under this section. The court shall give great
weight to the victim’s opinion whether the offender should
receive a treatment disposition under this section. If the sentence imposed is contrary to the victim’s opinion, the court
shall enter written findings stating its reasons for imposing
the treatment disposition. The fact that the offender admits to
his or her offense does not, by itself, constitute amenability to
treatment. If the court determines that this alternative is
appropriate, the court shall then impose a sentence or, pursuant to RCW 9.94A.507, a minimum term of sentence, within
the standard sentence range. If the sentence imposed is less
than eleven years of confinement, the court may suspend the
execution of the sentence as provided in this section.
(5) As conditions of the suspended sentence, the court
must impose the following:
(a) A term of confinement of up to twelve months or the
maximum term within the standard range, whichever is less.
The court may order the offender to serve a term of confinement greater than twelve months or the maximum term
within the standard range based on the presence of an aggravating circumstance listed in RCW 9.94A.535(3). In no case
shall the term of confinement exceed the statutory maximum
sentence for the offense. The court may order the offender to
serve all or part of his or her term of confinement in partial
confinement. An offender sentenced to a term of confinement under this subsection is not eligible for earned release
under RCW 9.92.151 or 9.94A.728.
[Title 9 RCW—page 147]
9.94A.670
Title 9 RCW: Crimes and Punishments
(b) A term of community custody equal to the length of
the suspended sentence, the length of the maximum term
imposed pursuant to RCW 9.94A.507, or three years, whichever is greater, and require the offender to comply with any
conditions imposed by the department under RCW
9.94A.703.
(c) Treatment for any period up to five years in duration.
The court, in its discretion, shall order outpatient sex offender
treatment or inpatient sex offender treatment, if available. A
community mental health center may not be used for such
treatment unless it has an appropriate program designed for
sex offender treatment. The offender shall not change sex
offender treatment providers or treatment conditions without
first notifying the prosecutor, the community corrections
officer, and the court. If any party or the court objects to a
proposed change, the offender shall not change providers or
conditions without court approval after a hearing.
(d) Specific prohibitions and affirmative conditions
relating to the known precursor activities or behaviors identified in the proposed treatment plan under subsection (3)(b)(v)
of this section or identified in an annual review under subsection (8)(b) of this section.
(6) As conditions of the suspended sentence, the court
may impose one or more of the following:
(a) Crime-related prohibitions;
(b) Require the offender to devote time to a specific
employment or occupation;
(c) Require the offender to remain within prescribed geographical boundaries and notify the court or the community
corrections officer prior to any change in the offender’s
address or employment;
(d) Require the offender to report as directed to the court
and a community corrections officer;
(e) Require the offender to pay all court-ordered legal
financial obligations as provided in RCW 9.94A.030;
(f) Require the offender to perform community restitution work; or
(g) Require the offender to reimburse the victim for the
cost of any counseling required as a result of the offender’s
crime.
(7) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment.
(8)(a) The sex offender treatment provider shall submit
quarterly reports on the offender’s progress in treatment to
the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of
attendance, offender’s compliance with requirements, treatment activities, the offender’s relative progress in treatment,
and any other material specified by the court at sentencing.
(b) The court shall conduct a hearing on the offender’s
progress in treatment at least once a year. At least fourteen
days prior to the hearing, notice of the hearing shall be given
to the victim. The victim shall be given the opportunity to
make statements to the court regarding the offender’s supervision and treatment. At the hearing, the court may modify
conditions of community custody including, but not limited
to, crime-related prohibitions and affirmative conditions
relating to activities and behaviors identified as part of, or
relating to precursor activities and behaviors in, the
offender’s offense cycle or revoke the suspended sentence.
[Title 9 RCW—page 148]
(9) At least fourteen days prior to the treatment termination hearing, notice of the hearing shall be given to the victim. The victim shall be given the opportunity to make statements to the court regarding the offender’s supervision and
treatment. Prior to the treatment termination hearing, the
treatment provider and community corrections officer shall
submit written reports to the court and parties regarding the
offender’s compliance with treatment and monitoring
requirements, and recommendations regarding termination
from treatment, including proposed community custody conditions. The court may order an evaluation regarding the
advisability of termination from treatment by a sex offender
treatment provider who may not be the same person who
treated the offender under subsection (5) of this section or
any person who employs, is employed by, or shares profits
with the person who treated the offender under subsection (5)
of this section unless the court has entered written findings
that such evaluation is in the best interest of the victim and
that a successful evaluation of the offender would otherwise
be impractical. The offender shall pay the cost of the evaluation. At the treatment termination hearing the court may: (a)
Modify conditions of community custody, and either (b) terminate treatment, or (c) extend treatment in two-year increments for up to the remaining period of community custody.
(10)(a) If a violation of conditions other than a second
violation of the prohibitions or affirmative conditions relating
to precursor behaviors or activities imposed under subsection
(5)(d) or (8)(b) of this section occurs during community custody, the department shall either impose sanctions as provided for in RCW 9.94A.633(1) or refer the violation to the
court and recommend revocation of the suspended sentence
as provided for in subsections (7) and (9) of this section.
(b) If a second violation of the prohibitions or affirmative conditions relating to precursor behaviors or activities
imposed under subsection (5)(d) or (8)(b) of this section
occurs during community custody, the department shall refer
the violation to the court and recommend revocation of the
suspended sentence as provided in subsection (11) of this
section.
(11) The court may revoke the suspended sentence at any
time during the period of community custody and order execution of the sentence if: (a) The offender violates the conditions of the suspended sentence, or (b) the court finds that the
offender is failing to make satisfactory progress in treatment.
All confinement time served during the period of community
custody shall be credited to the offender if the suspended sentence is revoked.
(12) If the offender violates a requirement of the sentence that is not a condition of the suspended sentence pursuant to subsection (5) or (6) of this section, the department
may impose sanctions pursuant to RCW 9.94A.633(1).
(13) The offender’s sex offender treatment provider may
not be the same person who examined the offender under
subsection (3) of this section or any person who employs, is
employed by, or shares profits with the person who examined
the offender under subsection (3) of this section, unless the
court has entered written findings that such treatment is in the
best interests of the victim and that successful treatment of
the offender would otherwise be impractical. Examinations
and treatment ordered pursuant to this subsection shall only
be conducted by certified sex offender treatment providers or
(2010 Ed.)
Sentencing Reform Act of 1981
certified affiliate sex offender treatment providers under
chapter 18.155 RCW unless the court finds that:
(a) The offender has already moved to another state or
plans to move to another state for reasons other than circumventing the certification requirements; or
(b)(i) No certified sex offender treatment providers or
certified affiliate sex offender treatment providers are available for treatment within a reasonable geographical distance
of the offender’s home; and
(ii) The evaluation and treatment plan comply with this
section and the rules adopted by the department of health.
(14) If the offender is less than eighteen years of age
when the charge is filed, the state shall pay for the cost of initial evaluation and treatment. [2009 c 28 § 9; 2008 c 231 §
31; 2006 c 133 § 1. Prior: 2004 c 176 § 4; 2004 c 38 § 9;
2002 c 175 § 11; 2001 2nd sp.s. c 12 § 316; 2000 c 28 § 20.]
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Severability—Effective date—2004 c 176: See notes following RCW
9.94A.515.
Effective date—2004 c 38: See note following RCW 18.155.075.
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.680 Alternatives to total confinement. Alternatives to total confinement are available for offenders with
sentences of one year or less. These alternatives include the
following sentence conditions that the court may order as
substitutes for total confinement:
(1) One day of partial confinement may be substituted
for one day of total confinement;
(2) In addition, for offenders convicted of nonviolent
offenses only, eight hours of community restitution may be
substituted for one day of total confinement, with a maximum
conversion limit of two hundred forty hours or thirty days.
Community restitution hours must be completed within the
period of community supervision or a time period specified
by the court, which shall not exceed twenty-four months, pursuant to a schedule determined by the department; and
(3) For offenders convicted of nonviolent and nonsex
offenses, the court may credit time served by the offender
before the sentencing in an available county supervised community option and may authorize county jails to convert jail
confinement to an available county supervised community
option, may authorize the time spent in the community option
to be reduced by earned release credit consistent with local
correctional facility standards, and may require the offender
to perform affirmative conduct pursuant to RCW 9.94A.607.
For sentences of nonviolent offenders for one year or
less, the court shall consider and give priority to available
alternatives to total confinement and shall state its reasons in
writing on the judgment and sentence form if the alternatives
are not used. [2009 c 227 § 1; 2002 c 175 § 12; 1999 c 197 §
9.94A.680
(2010 Ed.)
9.94A.690
6. Prior: 1988 c 157 § 4; 1988 c 155 § 3; 1984 c 209 § 21;
1983 c 115 § 9. Formerly RCW 9.94A.380.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Additional notes found at www.leg.wa.gov
9.94A.685 Alien offenders. (1) Subject to the limitations of this section, any alien offender committed to the custody of the department under the sentencing reform act of
1981, chapter 9.94A RCW, who has been found by the
United States attorney general to be subject to a final order of
deportation or exclusion, may be placed on conditional
release status and released to the immigration and naturalization service for deportation at any time prior to the expiration
of the offender’s term of confinement. Conditional release
shall continue until the expiration of the statutory maximum
sentence provided by law for the crime or crimes of which the
offender was convicted. If the offender has multiple current
convictions, the statutory maximum sentence allowed by law
for each crime shall run concurrently.
(2) No offender may be released under this section
unless the secretary or the secretary’s designee find [finds]
that such release is in the best interests of the state of Washington. Further, releases under this section may occur only
with the approval of the sentencing court and the prosecuting
attorney of the county of conviction.
(3) No offender may be released under this section who
is serving a sentence for a violent offense or sex offense, as
defined in RCW 9.94A.030, or any other offense that is a
crime against a person.
(4) The unserved portion of the term of confinement of
any offender released under this section shall be tolled at the
time the offender is released to the immigration and naturalization service for deportation. Upon the release of an
offender to the immigration and naturalization service, the
department shall issue a warrant for the offender’s arrest
within the United States. This warrant shall remain in effect
until the expiration of the offender’s conditional release.
(5) Upon arrest of an offender, the department shall seek
extradition as necessary and the offender shall be returned to
the department for completion of the unserved portion of the
offender’s term of total confinement. The offender shall also
be required to fully comply with all the terms and conditions
of the sentence.
(6) Alien offenders released to the immigration and naturalization service for deportation under this section are not
thereby relieved of their obligation to pay restitution or other
legal financial obligations ordered by the sentencing court.
(7) Any offender released pursuant to this section who
returns illegally to the United States may not thereafter be
released again pursuant to this section.
(8) The secretary is authorized to take all reasonable
actions to implement this section and shall assist federal
authorities in prosecuting alien offenders who may illegally
reenter the United States and enter the state of Washington.
[1993 c 419 § 1. Formerly RCW 9.94A.280.]
9.94A.685
9.94A.690 Work ethic camp program—Eligibility—
Sentencing. (1)(a) An offender is eligible to be sentenced to
a work ethic camp if the offender:
9.94A.690
[Title 9 RCW—page 149]
9.94A.701
Title 9 RCW: Crimes and Punishments
(i) Is sentenced to a term of total confinement of not less
than twelve months and one day or more than thirty-six
months;
(ii) Has no current or prior convictions for any sex
offenses or for violent offenses; and
(iii) Is not currently subject to a sentence for, or being
prosecuted for, a violation of felony driving while under the
influence of intoxicating liquor or any drug (RCW
46.61.502(6)), a violation of physical control of a vehicle
while under the influence of intoxicating liquor or any drug
(RCW 46.61.504(6)), a violation of the uniform controlled
substances act, or a criminal solicitation to commit such a
violation under chapter 9A.28 or 69.50 RCW.
(b) The length of the work ethic camp shall be at least
one hundred twenty days and not more than one hundred
eighty days.
(2) If the sentencing court determines that the offender is
eligible for the work ethic camp and is likely to qualify under
subsection (3) of this section, the judge shall impose a sentence within the standard sentence range and may recommend that the offender serve the sentence at a work ethic
camp. In sentencing an offender to the work ethic camp, the
court shall specify: (a) That upon completion of the work
ethic camp the offender shall be released on community custody for any remaining time of total confinement; (b) the
applicable conditions of community custody as authorized by
RCW 9.94A.703; and (c) that violation of the conditions may
result in a return to total confinement for the balance of the
offender’s remaining time of confinement.
(3) The department shall place the offender in the work
ethic camp program, subject to capacity, unless: (a) The
department determines that the offender has physical or mental impairments that would prevent participation and completion of the program; (b) the department determines that the
offender’s custody level prevents placement in the program;
(c) the offender refuses to agree to the terms and conditions
of the program; (d) the offender has been found by the United
States attorney general to be subject to a deportation detainer
or order; or (e) the offender has participated in the work ethic
camp program in the past.
(4) An offender who fails to complete the work ethic
camp program, who is administratively terminated from the
program, or who otherwise violates any conditions of supervision, as defined by the department, shall be reclassified to
serve the unexpired term of his or her sentence as ordered by
the sentencing court and shall be subject to all rules relating
to earned release time.
(5) During the last two weeks prior to release from the
work ethic camp program the department shall provide the
offender with comprehensive transition training. [2008 c 231
§ 32; 2006 c 73 § 11; 2000 c 28 § 21; 1999 c 197 § 5; 1995
1st sp.s. c 19 § 20; 1993 c 338 § 4. Formerly RCW
9.94A.137.]
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Effective date—2006 c 73: See note following RCW 46.61.502.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
[Title 9 RCW—page 150]
Findings—Intent—1993 c 338: See RCW 72.09.400.
Additional notes found at www.leg.wa.gov
SUPERVISION OF OFFENDERS IN THE COMMUNITY
9.94A.701 Community custody—Offenders sentenced to the custody of the department. (1) If an offender
is sentenced to the custody of the department for one of the
following crimes, the court shall, in addition to the other
terms of the sentence, sentence the offender to community
custody for three years:
(a) A sex offense not sentenced under RCW 9.94A.507;
or
(b) A serious violent offense.
(2) A court shall, in addition to the other terms of the sentence, sentence an offender to community custody for eighteen months when the court sentences the person to the custody of the department for a violent offense that is not considered a serious violent offense.
(3) A court shall, in addition to the other terms of the sentence, sentence an offender to community custody for one
year when the court sentences the person to the custody of the
department for:
(a) Any crime against persons under RCW
9.94A.411(2);
(b) An offense involving the unlawful possession of a
firearm under RCW 9.41.040, where the offender is a criminal street gang member or associate;
(c) A felony offense under chapter 69.50 or 69.52 RCW,
committed on or after July 1, 2000; or
(d) A felony violation of RCW 9A.44.132(1) (failure to
register) that is the offender’s first violation for a felony failure to register.
(4) If an offender is sentenced under the drug offender
sentencing alternative, the court shall impose community
custody as provided in RCW 9.94A.660.
(5) If an offender is sentenced under the special sex
offender sentencing alternative, the court shall impose community custody as provided in RCW 9.94A.670.
(6) If an offender is sentenced to a work ethic camp, the
court shall impose community custody as provided in RCW
9.94A.690.
(7) If an offender is sentenced under the parenting sentencing alternative, the court shall impose a term of community custody as provided in RCW 9.94A.655.
(8) If a sex offender is sentenced as a nonpersistent
offender pursuant to RCW 9.94A.507, the court shall impose
community custody as provided in that section.
(9) The term of community custody specified by this section shall be reduced by the court whenever an offender’s
standard range term of confinement in combination with the
term of community custody exceeds the statutory maximum
for the crime as provided in RCW 9A.20.021. [2010 c 267 §
11; 2010 c 224 § 5; 2009 c 375 § 5; 2009 c 28 § 10; 2008 c
231 § 7.]
9.94A.701
Reviser’s note: This section was amended by 2010 c 224 § 5 and by
2010 c 267 § 11, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Application—2010 c 267: See note following RCW 9A.44.128.
Application—2009 c 375: See note following RCW 9.94A.501.
(2010 Ed.)
Sentencing Reform Act of 1981
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—2008 c 231: "The existing sentencing reform act contains
numerous provisions for supervision of different types of offenders. This
duplication has caused great confusion for judges, lawyers, offenders, and
the department of corrections, and often results in inaccurate sentences. The
clarifications in this act are intended to support continued discussions by the
sentencing guidelines commission with the courts and the criminal justice
community to identify and propose policy changes that will further simplify
and improve the sentencing reform act relating to the supervision of offenders. The sentencing guidelines commission shall submit policy change proposals to the legislature on or before December 1, 2008.
Sections 7 through 58 of this act are intended to simplify the supervision provisions of the sentencing reform act and increase the uniformity of
its application. These sections are not intended to either increase or decrease
the authority of sentencing courts or the department relating to supervision,
except for those provisions instructing the court to apply the provisions of
the current community custody law to offenders sentenced after July 1, 2009,
but who committed their crime prior to August 1, 2009, to the extent that
such application is constitutionally permissible.
This will effect a change for offenders who committed their crimes
prior to the offender accountability act, chapter 196, Laws of 1999. These
offenders will be ordered to a term of community custody rather than community placement or community supervision. To the extent constitutionally
permissible, the terms of the offender’s supervision will be as provided in
current law. With the exception of this change, the legislature does not
intend to make, and no provision of sections 7 through 58 of this act may be
construed as making, a substantive change to the supervision provisions of
the sentencing reform act." [2009 c 375 § 10; 2008 c 231 § 6.]
Application—2008 c 231 §§ 6-58: "(1) Sections 6 through 58 of this
act apply to all sentences imposed or reimposed on or after August 1, 2009,
for any crime committed on or after August 1, 2009.
(2) Sections 6 through 58 of this act also apply to all sentences imposed
or reimposed on or after August 1, 2009, for crimes committed prior to
August 1, 2009, to the extent that such application is constitutionally permissible.
(3) To the extent that application of sections 6 through 58 of this act is
not constitutionally permissible with respect to any offender, the sentence for
such offender shall be governed by the law as it existed before August 1,
2009, or on such prior date as may be constitutionally required, notwithstanding any amendment or repeal of provisions of such law.
(4) If application of sections 6 through 58 of this act is not constitutionally permissible with respect to any offender, the judgment and sentence
shall specify the particular sentencing provisions that will not apply to such
offender. Whenever practical, the judgment and sentence shall use the terminology set out in this act.
(5) The sentencing guidelines commission shall prepare a summary of
the circumstances under which application of sections 6 through 58 of this
act is not constitutionally permissible. The summary should include recommendations of conditions that could be included in judgments and sentences
in order to prevent unconstitutional application of the act. This summary
shall be incorporated into the Adult Sentencing Guidelines Manual.
(6) Sections 6 through 58 of this act shall not affect the enforcement of
any sentence that was imposed prior to August 1, 2009, unless the offender
is resentenced after that date." [2008 c 231 § 55.]
Application of repealers—2008 c 231 § 57: "The repealers in section
57 of this act shall not affect the validity of any sentence that was imposed
prior to August 1, 2009, or the authority of the department of corrections to
supervise any offender pursuant to such sentence." [2008 c 231 § 58.]
Effective date—2008 c 231 §§ 6-60: "Sections 6 through 60 of this act
take effect August 1, 2009." [2008 c 231 § 61.]
Severability—2008 c 231: See note following RCW 9.94A.500.
9.94A.702
9.94A.702 Community custody—Offenders sentenced for one year or less. (1) If an offender is sentenced
to a term of confinement for one year or less for one of the
following offenses, the court may impose up to one year of
community custody:
(a) A sex offense;
(b) A violent offense;
(c) A crime against a person under RCW 9.94A.411;
(2010 Ed.)
9.94A.703
(d) A felony violation of chapter 69.50 or 69.52 RCW, or
an attempt, conspiracy, or solicitation to commit such a
crime; or
(e) A felony violation of RCW 9A.44.132(1) (failure to
register).
(2) If an offender is sentenced to a first-time offender
waiver, the court may impose community custody as provided in RCW 9.94A.650. [2010 c 267 § 12; 2008 c 231 § 8.]
Application—2010 c 267: See note following RCW 9A.44.128.
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
9.94A.703 Community custody—Conditions. When
a court sentences a person to a term of community custody,
the court shall impose conditions of community custody as
provided in this section.
(1) Mandatory conditions. As part of any term of community custody, the court shall:
(a) Require the offender to inform the department of
court-ordered treatment upon request by the department;
(b) Require the offender to comply with any conditions
imposed by the department under RCW 9.94A.704;
(c) If the offender was sentenced under RCW 9.94A.507
for an offense listed in RCW 9.94A.507(1)(a), and the victim
of the offense was under eighteen years of age at the time of
the offense, prohibit the offender from residing in a community protection zone;
(d) If the offender was sentenced under RCW
9A.36.120, prohibit the offender from serving in any paid or
volunteer capacity where he or she has control or supervision
of minors under the age of thirteen.
(2) Waivable conditions. Unless waived by the court,
as part of any term of community custody, the court shall
order an offender to:
(a) Report to and be available for contact with the
assigned community corrections officer as directed;
(b) Work at department-approved education, employment, or community restitution, or any combination thereof;
(c) Refrain from possessing or consuming controlled
substances except pursuant to lawfully issued prescriptions;
(d) Pay supervision fees as determined by the department; and
(e) Obtain prior approval of the department for the
offender’s residence location and living arrangements.
(3) Discretionary conditions. As part of any term of
community custody, the court may order an offender to:
(a) Remain within, or outside of, a specified geographical boundary;
(b) Refrain from direct or indirect contact with the victim
of the crime or a specified class of individuals;
(c) Participate in crime-related treatment or counseling
services;
(d) Participate in rehabilitative programs or otherwise
perform affirmative conduct reasonably related to the circumstances of the offense, the offender’s risk of reoffending,
or the safety of the community;
(e) Refrain from consuming alcohol; or
(f) Comply with any crime-related prohibitions.
(4) Special conditions.
9.94A.703
[Title 9 RCW—page 151]
9.94A.704
Title 9 RCW: Crimes and Punishments
(a) In sentencing an offender convicted of a crime of
domestic violence, as defined in RCW 10.99.020, if the
offender has a minor child, or if the victim of the offense for
which the offender was convicted has a minor child, the court
may order the offender to participate in a domestic violence
perpetrator program approved under RCW 26.50.150.
(b)(i) In sentencing an offender convicted of an alcohol
or drug-related traffic offense, the court shall require the
offender to complete a diagnostic evaluation by an alcohol or
drug dependency agency approved by the department of
social and health services or a qualified probation department, defined under RCW 46.61.516, that has been approved
by the department of social and health services. If the offense
was pursuant to chapter 46.61 RCW, the report shall be forwarded to the department of licensing. If the offender is
found to have an alcohol or drug problem that requires treatment, the offender shall complete treatment in a program
approved by the department of social and health services
under chapter 70.96A RCW. If the offender is found not to
have an alcohol or drug problem that requires treatment, the
offender shall complete a course in an information school
approved by the department of social and health services
under chapter 70.96A RCW. The offender shall pay all costs
for any evaluation, education, or treatment required by this
section, unless the offender is eligible for an existing program
offered or approved by the department of social and health
services.
(ii) For purposes of this section, "alcohol or drug-related
traffic offense" means the following: Driving while under
the influence as defined by RCW 46.61.502, actual physical
control while under the influence as defined by RCW
46.61.504, vehicular homicide as defined by RCW
46.61.520(1)(a), vehicular assault as defined by RCW
46.61.522(1)(b), homicide by watercraft as defined by RCW
79A.60.050, or assault by watercraft as defined by RCW
79A.60.060.
(iii) This subsection (4)(b) does not require the department of social and health services to add new treatment or
assessment facilities nor affect its use of existing programs
and facilities authorized by law. [2009 c 214 § 3; 2009 c 28
§ 11; 2008 c 231 § 9.]
Reviser’s note: This section was amended by 2009 c 28 § 11 and by
2009 c 214 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Short title—2009 c 214: "This act shall be known as the Eryk Woodruff public safety act of 2009." [2009 c 214 § 1.]
Effective date—2009 c 214: "This act takes effect August 1, 2009."
[2009 c 214 § 4.]
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
9.94A.704 Community custody—Supervision by the
department—Conditions. (1) Every person who is sentenced to a period of community custody shall report to and
be placed under the supervision of the department, subject to
RCW 9.94A.501.
(2)(a) The department shall assess the offender’s risk of
reoffense and may establish and modify additional conditions
9.94A.704
[Title 9 RCW—page 152]
of community custody based upon the risk to community
safety.
(b) Within the funds available for community custody,
the department shall determine conditions on the basis of risk
to community safety, and shall supervise offenders during
community custody on the basis of risk to community safety
and conditions imposed by the court. The secretary shall
adopt rules to implement the provisions of this subsection
(2)(b).
(3) If the offender is supervised by the department, the
department shall at a minimum instruct the offender to:
(a) Report as directed to a community corrections
officer;
(b) Remain within prescribed geographical boundaries;
(c) Notify the community corrections officer of any
change in the offender’s address or employment;
(d) Pay the supervision fee assessment; and
(e) Disclose the fact of supervision to any mental health
or chemical dependency treatment provider, as required by
RCW 9.94A.722.
(4) The department may require the offender to participate in rehabilitative programs, or otherwise perform affirmative conduct, and to obey all laws.
(5) If the offender was sentenced pursuant to a conviction for a sex offense, the department may impose electronic
monitoring. Within the resources made available by the
department for this purpose, the department shall carry out
any electronic monitoring using the most appropriate technology given the individual circumstances of the offender.
As used in this section, "electronic monitoring" means the
monitoring of an offender using an electronic offender tracking system including, but not limited to, a system using radio
frequency or active or passive global positioning system
technology.
(6) The department may not impose conditions that are
contrary to those ordered by the court and may not contravene or decrease court-imposed conditions.
(7)(a) The department shall notify the offender in writing
of any additional conditions or modifications.
(b) By the close of the next business day after receiving
notice of a condition imposed or modified by the department,
an offender may request an administrative review under rules
adopted by the department. The condition shall remain in
effect unless the reviewing officer finds that it is not reasonably related to the crime of conviction, the offender’s risk of
reoffending, or the safety of the community.
(8) The department may require offenders to pay for special services rendered including electronic monitoring, day
reporting, and telephone reporting, dependent on the
offender’s ability to pay. The department may pay for these
services for offenders who are not able to pay.
(9)(a) When a sex offender has been sentenced pursuant
to RCW 9.94A.507, the department shall assess the
offender’s risk of recidivism and shall recommend to the
board any additional or modified conditions based upon the
offender’s risk to community safety and may recommend
affirmative conduct or electronic monitoring consistent with
subsections (4) through (6) of this section.
(b) The board may impose conditions in addition to
court-ordered conditions. The board must consider and may
impose department-recommended conditions.
(2010 Ed.)
Sentencing Reform Act of 1981
(c) By the close of the next business day, after receiving
notice of a condition imposed by the board or the department,
an offender may request an administrative hearing under
rules adopted by the board. The condition shall remain in
effect unless the hearing examiner finds that it is not reasonably related to any of the following:
(i) The crime of conviction;
(ii) The offender’s risk of reoffending;
(iii) The safety of the community.
(d) If the department finds that an emergency exists
requiring the immediate imposition of additional conditions
in order to prevent the offender from committing a crime, the
department may impose such conditions. The department
may not impose conditions that are contrary to those set by
the board or the court and may not contravene or decrease
court-imposed or board-imposed conditions. Conditions
imposed under this subsection shall take effect immediately
after notice to the offender by personal service, but shall not
remain in effect longer than seven working days unless
approved by the board.
(10) In setting, modifying, and enforcing conditions of
community custody, the department shall be deemed to be
performing a quasi-judicial function. [2009 c 375 § 6; 2009
c 28 § 12; 2008 c 231 § 10.]
Application—2009 c 375: See note following RCW 9.94A.501.
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
9.94A.706 Community custody—Possession of firearms or ammunition prohibited. No offender sentenced to
a term of community custody under the supervision of the
department may own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or
constructive possession of firearms or ammunition shall be
subject to the violation process and sanctions under RCW
9.94A.633, 9.94A.716, and 9.94A.737.
"Constructive possession" as used in this section means
the power and intent to control the firearm or ammunition.
"Firearm" as used in this section has the same definition as in
RCW 9.41.010. [2008 c 231 § 11.]
9.94A.706
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
9.94A.707 Community custody—Commencement—
Conditions. (1) Community custody shall begin: (a) Upon
completion of the term of confinement; or (b) at the time of
sentencing if no term of confinement is ordered.
(2) When an offender is sentenced to community custody, the offender is subject to the conditions of community
custody as of the date of sentencing, unless otherwise ordered
by the court. [2009 c 375 § 7; 2008 c 231 § 12.]
9.94A.707
Application—2009 c 375: See note following RCW 9.94A.501.
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
(2010 Ed.)
9.94A.714
9.94A.708 Community custody—Mental health
information—Access by department. (1) When an
offender is under community custody, the community corrections officer may obtain information from the offender’s
mental health treatment provider on the offender’s status with
respect to evaluation, application for services, registration for
services, and compliance with the supervision plan, without
the offender’s consent, as described under RCW 71.05.630.
(2) An offender under community custody who is civilly
detained under chapter 71.05 RCW, and subsequently discharged or conditionally released to the community, shall be
under the supervision of the department for the duration of
his or her period of community custody. During any period
of inpatient mental health treatment that falls within the
period of community custody, the inpatient treatment provider and the supervising community corrections officer shall
notify each other about the offender’s discharge, release, and
legal status, and shall share other relevant information. [2008
c 231 § 13.]
9.94A.708
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
9.94A.709 Community custody—Sex offenders—
Conditions. (1) At any time prior to the completion or termination of a sex offender’s term of community custody, if the
court finds that public safety would be enhanced, the court
may impose and enforce an order extending any or all of the
conditions of community custody for a period up to the maximum allowable sentence for the crime as it is classified in
chapter 9A.20 RCW, regardless of the expiration of the
offender’s term of community custody.
(2) If a violation of a condition extended under this section occurs after the expiration of the offender’s term of community custody, it shall be deemed a violation of the sentence
for the purposes of RCW 9.94A.631 and may be punishable
as contempt of court as provided for in RCW 7.21.040.
(3) If the court extends a condition beyond the expiration
of the term of community custody, the department is not
responsible for supervision of the offender’s compliance with
the condition. [2008 c 231 § 14.]
9.94A.709
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
9.94A.714 Community custody—Violations—Immunity from civil liability for placing offenders on electronic
monitoring. (1) If an offender has not completed his or her
maximum term of total confinement and is subject to a third
violation hearing pursuant to RCW 9.94A.737 for any violation of community custody and is found to have committed
the violation, the department shall return the offender to total
confinement in a state correctional facility to serve up to the
remaining portion of his or her sentence, unless it is determined that returning the offender to a state correctional facility would substantially interfere with the offender’s ability to
maintain necessary community supports or to participate in
necessary treatment or programming and would substantially
increase the offender’s likelihood of reoffending.
(2) The department may work with the Washington association of sheriffs and police chiefs to establish and operate
9.94A.714
[Title 9 RCW—page 153]
9.94A.716
Title 9 RCW: Crimes and Punishments
an electronic monitoring program for low-risk offenders who
violate the terms of their community custody.
(3) Local governments, their subdivisions and employees, the department and its employees, and the Washington
association of sheriffs and police chiefs and its employees are
immune from civil liability for damages arising from incidents involving low-risk offenders who are placed on electronic monitoring unless it is shown that an employee acted
with gross negligence or bad faith. [2008 c 231 § 16.]
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
9.94A.716 Community custody—Violations—
Arrest. (1) The secretary may issue warrants for the arrest of
any offender who violates a condition of community custody.
The arrest warrants shall authorize any law enforcement or
peace officer or community corrections officer of this state or
any other state where such offender may be located, to arrest
the offender and place him or her in total confinement pending disposition of the alleged violation.
(2) A community corrections officer, if he or she has reasonable cause to believe an offender has violated a condition
of community custody, may suspend the person’s community
custody status and arrest or cause the arrest and detention in
total confinement of the offender, pending the determination
of the secretary as to whether the violation has occurred. The
community corrections officer shall report to the secretary all
facts and circumstances and the reasons for the action of suspending community custody status.
(3) If an offender has been arrested for a new felony
offense while under community custody the department shall
hold the offender in total confinement until a hearing before
the department as provided in this section or until the
offender has been formally charged for the new felony
offense, whichever is earlier. Nothing in this subsection shall
be construed as to permit the department to hold an offender
past his or her maximum term of total confinement if the
offender has not completed the maximum term of total confinement or to permit the department to hold an offender past
the offender’s term of community custody.
(4) A violation of a condition of community custody
shall be deemed a violation of the sentence for purposes of
RCW 9.94A.631. The authority granted to community corrections officers under this section shall be in addition to that
set forth in RCW 9.94A.631. [2008 c 231 § 21.]
9.94A.716
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
9.94A.722 Court-ordered treatment—Required disclosures. When an offender receiving court-ordered mental
health or chemical dependency treatment or treatment
ordered by the department of corrections presents for treatment from a mental health or chemical dependency treatment
provider, the offender must disclose to the mental health or
chemical dependency treatment provider whether he or she is
subject to supervision by the department of corrections. If an
offender has received relief from disclosure pursuant to RCW
9.94A.562, 70.96A.155, or 71.05.132, the offender must provide the mental health or chemical dependency treatment
9.94A.722
[Title 9 RCW—page 154]
provider with a copy of the order granting the relief. [2004 c
166 § 9.]
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
9.94A.723 Court-ordered treatment—Offender’s
failure to inform. An offender’s failure to inform the
department of court-ordered treatment upon request by the
department is a violation of the conditions of supervision if
the offender is in the community and an infraction if the
offender is in confinement, and the violation or infraction is
subject to sanctions. [2004 c 166 § 7.]
9.94A.723
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
9.94A.725 Offender work crews. Participation in a
work crew is conditioned upon the offender’s acceptance into
the program, abstinence from alcohol and controlled substances as demonstrated by urinalysis and breathalyzer monitoring, with the cost of monitoring to be paid by the offender,
unless indigent; and upon compliance with the rules of the
program, which rules require the offender to work to the best
of his or her abilities and provide the program with accurate,
verified residence information. Work crew may be imposed
simultaneously with electronic home detention.
Where work crew is imposed as part of a sentence of
nine months or more, the offender must serve a minimum of
thirty days of total confinement before being eligible for
work crew.
Work crew tasks shall be performed for a minimum of
thirty-five hours per week. Only those offenders sentenced to
a facility operated or utilized under contract by a county or
the state, or sanctioned under RCW 9.94A.737, are eligible to
participate on a work crew. Offenders sentenced for a sex
offense are not eligible for the work crew program.
An offender who has successfully completed four weeks
of work crew at thirty-five hours per week shall thereafter
receive credit toward the work crew sentence for hours
worked at approved, verified employment. Such employment
credit may be earned for up to twenty-four hours actual
employment per week provided, however, that every such
offender shall continue active participation in work crew
projects according to a schedule approved by a work crew
supervisor until the work crew sentence has been served.
The hours served as part of a work crew sentence may
include substance abuse counseling and/or job skills training.
The civic improvement tasks performed by offenders on
work crew shall be unskilled labor for the benefit of the community as determined by the head of the county executive
branch or his or her designee. Civic improvement tasks shall
not be done on private property unless it is owned or operated
by a nonprofit entity, except that, for emergency purposes
only, work crews may perform snow removal on any private
property. The civic improvement tasks shall have minimal
negative impact on existing private industries or the labor
force in the county where the service or labor is performed.
The civic improvement tasks shall not affect employment
opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW
82.04.385. In case any dispute arises as to a civic improvement task having more than minimum negative impact on
9.94A.725
(2010 Ed.)
Sentencing Reform Act of 1981
existing private industries or labor force in the county where
their service or labor is performed, the matter shall be
referred by an interested party, as defined in RCW
39.12.010(4), for arbitration to the director of the department
of labor and industries of the state.
Whenever an offender receives credit against a work
crew sentence for hours of approved, verified employment,
the offender shall pay to the agency administering the program the monthly assessment of an amount not less than ten
dollars per month nor more than fifty dollars per month. This
assessment shall be considered payment of the costs of providing the work crew program to an offender. The court may
exempt a person from the payment of all or any part of the
assessment based upon any of the following factors:
(1) The offender has diligently attempted but has been
unable to obtain employment that provides the offender sufficient income to make such payment.
(2) The offender is a student in a school, college, university, or a course of vocational or technical training designed
to fit the student for gainful employment.
(3) The offender has an employment handicap, as determined by an examination acceptable to or ordered by the
court.
(4) The offender is responsible for the support of dependents and the payment of the assessment constitutes an undue
hardship.
(5) Other extenuating circumstances as determined by
the court. [2000 c 28 § 27; 1991 c 181 § 2. Formerly RCW
9.94A.135.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.728 Release prior to expiration of sentence.
No person serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall
leave the confines of the correctional facility or be released
prior to the expiration of the sentence except as follows:
(1) An offender may earn early release time as authorized by RCW 9.94A.729;
(2) An offender may leave a correctional facility pursuant to an authorized furlough or leave of absence. In addition, offenders may leave a correctional facility when in the
custody of a corrections officer or officers;
(3)(a) The secretary may authorize an extraordinary
medical placement for an offender when all of the following
conditions exist:
(i) The offender has a medical condition that is serious
and is expected to require costly care or treatment;
(ii) The offender poses a low risk to the community
because he or she is currently physically incapacitated due to
age or the medical condition or is expected to be so at the
time of release; and
(iii) It is expected that granting the extraordinary medical
placement will result in a cost savings to the state.
(b) An offender sentenced to death or to life imprisonment without the possibility of release or parole is not eligible
for an extraordinary medical placement.
(c) The secretary shall require electronic monitoring for
all offenders in extraordinary medical placement unless the
electronic monitoring equipment interferes with the function
of the offender’s medical equipment or results in the loss of
9.94A.728
(2010 Ed.)
9.94A.728
funding for the offender’s medical care, in which case, an
alternative type of monitoring shall be utilized. The secretary
shall specify who shall provide the monitoring services and
the terms under which the monitoring shall be performed.
(d) The secretary may revoke an extraordinary medical
placement under this subsection at any time.
(e) Persistent offenders are not eligible for extraordinary
medical placement;
(4) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release
for reasons of serious health problems, senility, advanced
age, extraordinary meritorious acts, or other extraordinary
circumstances;
(5) No more than the final six months of the offender’s
term of confinement may be served in partial confinement
designed to aid the offender in finding work and reestablishing himself or herself in the community or no more than the
final twelve months of the offender’s term of confinement
may be served in partial confinement as part of the parenting
program in RCW 9.94A.6551. This is in addition to that
period of earned early release time that may be exchanged for
partial confinement pursuant to RCW 9.94A.729(5)(d);
(6) The governor may pardon any offender;
(7) The department may release an offender from confinement any time within ten days before a release date calculated under this section;
(8) An offender may leave a correctional facility prior to
completion of his or her sentence if the sentence has been
reduced as provided in RCW 9.94A.870; and
(9) Notwithstanding any other provisions of this section,
an offender sentenced for a felony crime listed in RCW
9.94A.540 as subject to a mandatory minimum sentence of
total confinement shall not be released from total confinement before the completion of the listed mandatory minimum
sentence for that felony crime of conviction unless allowed
under RCW 9.94A.540. [2010 c 224 § 6. Prior: 2009 c 455
§ 2; (2009 c 455 § 1 expired August 1, 2009); 2009 c 441 § 1;
2009 c 399 § 1; 2008 c 231 § 34; 2007 c 483 § 304; 2004 c
176 § 6; 2003 c 379 § 1; prior: 2002 c 290 § 21; 2002 c 50 §
2; 2000 c 28 § 28; prior: 1999 c 324 § 1; 1999 c 37 § 1; 1996
c 199 § 2; 1995 c 129 § 7 (Initiative Measure No. 159); 1992
c 145 § 8; 1990 c 3 § 202; 1989 c 248 § 2; prior: 1988 c 153
§ 3; 1988 c 3 § 1; 1984 c 209 § 8; 1982 c 192 § 6; 1981 c 137
§ 15. Formerly RCW 9.94A.150.]
Effective date—2009 c 455 § 2: "Section 2 of this act takes effect
August 1, 2009." [2009 c 455 § 5.]
Expiration date—2009 c 455 § 1: "Section 1 of this act expires August
1, 2009." [2009 c 455 § 6.]
Effective date—2009 c 441: "This act takes effect August 1, 2009."
[2009 c 441 § 2.]
Effective date—2009 c 399: "This act takes effect August 1, 2009."
[2009 c 399 § 2.]
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Findings—Part headings not law—Severability—2007 c 483: See
RCW 72.78.005, 72.78.900, and 72.78.901.
Severability—Effective date—2004 c 176: See notes following RCW
9.94A.515.
Severability—2003 c 379: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
[Title 9 RCW—page 155]
9.94A.7281
Title 9 RCW: Crimes and Punishments
the application of the provision to other persons or circumstances is not
affected." [2003 c 379 § 28.]
Effective dates—2003 c 379: "(1) Sections 1 through 12, 20, and 28 of
this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and take effect July 1, 2003.
(2) Sections 13 through 19 and 21 through 27 of this act take effect
October 1, 2003." [2003 c 379 § 29.]
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Intent—2002 c 50: "The legislature has determined in RCW
9.94A.728(2) that the department of corrections may transfer offenders to
community custody status in lieu of earned release time in accordance with a
program developed by the department of corrections. It is the legislature’s
intent, in response to: In re: Capello 106 Wn.App. 576 (2001), to clarify the
law to reflect that the secretary of the department has, and has had since
enactment of the community placement act of 1988, the authority to require
all offenders, eligible for release to community custody status in lieu of
earned release, to provide a release plan that includes an approved residence
and living arrangement prior to any transfer to the community." [2002 c 50
§ 1.]
Application—2002 c 50: "This act applies to all offenders with community placement or community custody terms currently incarcerated either
before, on, or after March 14, 2002." [2002 c 50 § 3.]
Severability—2002 c 50: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2002 c 50 § 4.]
Effective date—2002 c 50: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 14, 2002]." [2002 c 50 § 5.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Additional notes found at www.leg.wa.gov
9.94A.7281 Legislative declaration—Earned release
time not an entitlement. The legislature declares that the
changes to the maximum percentages of earned release time
in chapter 379, Laws of 2003 do not create any expectation
that the percentage of earned release time cannot be revised
and offenders have no reason to conclude that the maximum
percentage of earned release time is an entitlement or creates
any liberty interest. The legislature retains full control over
the right to revise the percentages of earned release time
available to offenders at any time. This section applies to
persons convicted on or after July 1, 2003. [2003 c 379 § 2.]
9.94A.7281
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
9.94A.729 Earned release time—Risk assessments.
(1)(a) The term of the sentence of an offender committed to a
correctional facility operated by the department may be
reduced by earned release time in accordance with procedures that shall be developed and adopted by the correctional
agency having jurisdiction in which the offender is confined.
The earned release time shall be for good behavior and good
performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the
offender with earned release credits in advance of the
offender actually earning the credits.
9.94A.729
[Title 9 RCW—page 156]
(b) Any program established pursuant to this section
shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a
county jail to the department, the administrator of a county
jail facility shall certify to the department the amount of time
spent in custody at the facility and the amount of earned
release time. The department may approve a jail certification
from a correctional agency that calculates earned release time
based on the actual amount of confinement time served by the
offender before sentencing when an erroneous calculation of
confinement time served by the offender before sentencing
appears on the judgment and sentence.
(2) An offender who has been convicted of a felony committed after July 23, 1995, that involves any applicable
deadly weapon enhancements under RCW 9.94A.533 (3) or
(4), or both, shall not receive any good time credits or earned
release time for that portion of his or her sentence that results
from any deadly weapon enhancements.
(3) An offender may earn early release time as follows:
(a) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 1990, and before July 1, 2003, the
aggregate earned release time may not exceed fifteen percent
of the sentence.
(b) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 2003, the aggregate earned release time
may not exceed ten percent of the sentence.
(c) An offender is qualified to earn up to fifty percent of
aggregate earned release time if he or she:
(i) Is not classified as an offender who is at a high risk to
reoffend as provided in subsection (4) of this section;
(ii) Is not confined pursuant to a sentence for:
(A) A sex offense;
(B) A violent offense;
(C) A crime against persons as defined in RCW
9.94A.411;
(D) A felony that is domestic violence as defined in
RCW 10.99.020;
(E) A violation of RCW 9A.52.025 (residential burglary);
(F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or
possession with intent to deliver methamphetamine; or
(G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
(iii) Has no prior conviction for the offenses listed in
(c)(ii) of this subsection;
(iv) Participates in programming or activities as directed
by the offender’s individual reentry plan as provided under
RCW 72.09.270 to the extent that such programming or
activities are made available by the department; and
(v) Has not committed a new felony after July 22, 2007,
while under community custody.
(d) In no other case shall the aggregate earned release
time exceed one-third of the total sentence.
(4) The department shall perform a risk assessment of
each offender who may qualify for earned early release under
subsection (3)(c) of this section utilizing the risk assessment
tool recommended by the Washington state institute for pub(2010 Ed.)
Sentencing Reform Act of 1981
lic policy. Subsection (3)(c) of this section does not apply to
offenders convicted after July 1, 2010.
(5)(a) A person who is eligible for earned early release as
provided in this section and who is convicted of a sex offense,
a violent offense, any crime against persons under RCW
9.94A.411(2), or a felony offense under chapter 69.50 or
69.52 RCW, shall be transferred to community custody in
lieu of earned release time;
(b) The department shall, as a part of its program for
release to the community in lieu of earned release, require the
offender to propose a release plan that includes an approved
residence and living arrangement. All offenders with community custody terms eligible for release to community custody in lieu of earned release shall provide an approved residence and living arrangement prior to release to the community;
(c) The department may deny transfer to community custody in lieu of earned release time if the department determines an offender’s release plan, including proposed residence location and living arrangements, may violate the conditions of the sentence or conditions of supervision, place the
offender at risk to violate the conditions of the sentence,
place the offender at risk to reoffend, or present a risk to victim safety or community safety. The department’s authority
under this section is independent of any court-ordered condition of sentence or statutory provision regarding conditions
for community custody;
(d) If the department is unable to approve the offender’s
release plan, the department may do one or more of the following:
(i) Transfer an offender to partial confinement in lieu of
earned early release for a period not to exceed three months.
The three months in partial confinement is in addition to that
portion of the offender’s term of confinement that may be
served in partial confinement as provided in RCW
9.94A.728(5);
(ii) Provide rental vouchers to the offender for a period
not to exceed three months if rental assistance will result in
an approved release plan. The voucher must be provided in
conjunction with additional transition support programming
or services that enable an offender to participate in services
including, but not limited to, substance abuse treatment, mental health treatment, sex offender treatment, educational programming, or employment programming;
(e) For each offender who is the recipient of a rental
voucher, the department shall include, concurrent with the
data that the department otherwise obtains and records, the
housing status of the offender for the duration of the
offender’s supervision.
(6) An offender serving a term of confinement imposed
under RCW 9.94A.670(5)(a) is not eligible for earned release
credits under this section. [2010 c 224 § 7; 2009 c 455 § 3.]
Effective date—2009 c 455 § 3: "Section 3 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [May 11, 2009]." [2009 c 455 § 7.]
9.94A.731 Term of partial confinement, work
release, home detention. (1) An offender sentenced to a
term of partial confinement shall be confined in the facility
for at least eight hours per day or, if serving a work crew sen9.94A.731
(2010 Ed.)
9.94A.734
tence shall comply with the conditions of that sentence as set
forth in RCW 9.94A.030 and 9.94A.725. The offender shall
be required as a condition of partial confinement to report to
the facility at designated times. During the period of partial
confinement, an offender may be required to comply with
crime-related prohibitions and affirmative conditions
imposed by the court or the department pursuant to this chapter.
(2) An offender in a county jail ordered to serve all or
part of a term of less than one year in work release, work
crew, or a program of home detention who violates the rules
of the work release facility, work crew, or program of home
detention or fails to remain employed or enrolled in school
may be transferred to the appropriate county detention facility without further court order but shall, upon request, be
notified of the right to request an administrative hearing on
the issue of whether or not the offender failed to comply with
the order and relevant conditions. Pending such hearing, or
in the absence of a request for the hearing, the offender shall
serve the remainder of the term of confinement as total confinement. This subsection shall not affect transfer or placement of offenders committed to the department.
(3) Participation in work release shall be conditioned
upon the offender attending work or school at regularly
defined hours and abiding by the rules of the work release
facility. [2009 c 28 § 13; 2003 c 254 § 2; 2000 c 28 § 29;
1999 c 143 § 15; 1991 c 181 § 4; 1988 c 154 § 4; 1987 c 456
§ 3; 1981 c 137 § 18. Formerly RCW 9.94A.180.]
Effective date—2009 c 28: See note following RCW 2.24.040.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Additional notes found at www.leg.wa.gov
9.94A.734 Home detention—Conditions. (1) Home
detention may not be imposed for offenders convicted of the
following offenses, unless imposed as partial confinement in
the department’s parenting program under RCW
9.94A.6551:
(a) A violent offense;
(b) Any sex offense;
(c) Any drug offense;
(d) Reckless burning in the first or second degree as
defined in RCW 9A.48.040 or 9A.48.050;
(e) Assault in the third degree as defined in RCW
9A.36.031;
(f) Assault of a child in the third degree;
(g) Unlawful imprisonment as defined in RCW
9A.40.040; or
(h) Harassment as defined in RCW 9A.46.020.
Home detention may be imposed for offenders convicted of
possession of a controlled substance under RCW 69.50.4013
or forged prescription for a controlled substance under RCW
69.50.403 if the offender fulfills the participation conditions
set forth in this section and is monitored for drug use by a
treatment alternatives to street crime program or a comparable court or agency-referred program.
(2) Home detention may be imposed for offenders convicted of burglary in the second degree as defined in RCW
9A.52.030 or residential burglary conditioned upon the
offender:
9.94A.734
[Title 9 RCW—page 157]
9.94A.737
Title 9 RCW: Crimes and Punishments
(a) Successfully completing twenty-one days in a work
release program;
(b) Having no convictions for burglary in the second
degree or residential burglary during the preceding two years
and not more than two prior convictions for burglary or residential burglary;
(c) Having no convictions for a violent felony offense
during the preceding two years and not more than two prior
convictions for a violent felony offense;
(d) Having no prior charges of escape; and
(e) Fulfilling the other conditions of the home detention
program.
(3) Home detention may be imposed for offenders convicted of taking a motor vehicle without permission in the
second degree as defined in RCW 9A.56.075, theft of a motor
vehicle as defined under RCW 9A.56.065, or possession of a
stolen motor vehicle as defined under RCW 9A.56.068 conditioned upon the offender:
(a) Having no convictions for taking a motor vehicle
without permission, theft of a motor vehicle or possession of
a stolen motor vehicle during the preceding five years and not
more than two prior convictions for taking a motor vehicle
without permission, theft of a motor vehicle or possession of
a stolen motor vehicle;
(b) Having no convictions for a violent felony offense
during the preceding two years and not more than two prior
convictions for a violent felony offense;
(c) Having no prior charges of escape; and
(d) Fulfilling the other conditions of the home detention
program.
(4) Participation in a home detention program shall be
conditioned upon:
(a) The offender obtaining or maintaining current
employment or attending a regular course of school study at
regularly defined hours, or the offender performing parental
duties to offspring or minors normally in the custody of the
offender;
(b) Abiding by the rules of the home detention program;
and
(c) Compliance with court-ordered legal financial obligations. The home detention program may also be made
available to offenders whose charges and convictions do not
otherwise disqualify them if medical or health-related conditions, concerns or treatment would be better addressed under
the home detention program, or where the health and welfare
of the offender, other inmates, or staff would be jeopardized
by the offender’s incarceration. Participation in the home
detention program for medical or health-related reasons is
conditioned on the offender abiding by the rules of the home
detention program and complying with court-ordered restitution. [2010 c 224 § 9; 2007 c 199 § 9; 2003 c 53 § 62; 2000
c 28 § 30; 1995 c 108 § 2. Formerly RCW 9.94A.185.]
9.94A.737 Community custody—Violations—Hearing—Sanctions. (1) If an offender is accused of violating
any condition or requirement of community custody, he or
she is entitled to a hearing before the department prior to the
imposition of sanctions. The hearing shall be considered as
offender disciplinary proceedings and shall not be subject to
chapter 34.05 RCW. The department shall develop hearing
procedures and a structure of graduated sanctions.
(2) The hearing procedures required under subsection (1)
of this section shall be developed by rule and include the following:
(a) Hearing officers shall report through a chain of command separate from that of community corrections officers;
(b) The department shall provide the offender with written notice of the violation, the evidence relied upon, and the
reasons the particular sanction was imposed. The notice shall
include a statement of the rights specified in this subsection,
and the offender’s right to file a personal restraint petition
under court rules after the final decision of the department;
(c) The hearing shall be held unless waived by the
offender, and shall be electronically recorded. For offenders
not in total confinement, the hearing shall be held within fifteen working days, but not less than twenty-four hours, after
notice of the violation. For offenders in total confinement,
the hearing shall be held within five working days, but not
less than twenty-four hours, after notice of the violation;
(d) The offender shall have the right to: (i) Be present at
the hearing; (ii) have the assistance of a person qualified to
assist the offender in the hearing, appointed by the hearing
officer if the offender has a language or communications barrier; (iii) testify or remain silent; (iv) call witnesses and
present documentary evidence; and (v) question witnesses
who appear and testify; and
(e) The sanction shall take effect if affirmed by the hearing officer. Within seven days after the hearing officer’s
decision, the offender may appeal the decision to a panel of
three reviewing officers designated by the secretary or by the
secretary’s designee. The sanction shall be reversed or modified if a majority of the panel finds that the sanction was not
reasonably related to any of the following: (i) The crime of
conviction; (ii) the violation committed; (iii) the offender’s
risk of reoffending; or (iv) the safety of the community.
(3) For purposes of this section, no finding of a violation
of conditions may be based on unconfirmed or unconfirmable
allegations. [2008 c 231 § 20; (2009 c 375 § 13 expired
August 1, 2009); 2007 c 483 § 305; 2005 c 435 § 3; 2002 c
175 § 15; 1999 c 196 § 8; 1996 c 275 § 3; 1988 c 153 § 4.
Formerly RCW 9.94A.205.]
9.94A.737
Expiration date—2009 c 375 §§ 1, 3, and 13: See note following
RCW 9.94A.501.
Application—2009 c 375: See note following RCW 9.94A.501.
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
Findings—Part headings not law—Severability—2007 c 483: See
RCW 72.78.005, 72.78.900, and 72.78.901.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Intent—2005 c 435: "The legislature believes that electronic monitoring, as an alternative to incarceration, is a proper and costeffective method of punishment and supervision for many criminal offenders. The legislature further finds that advancements in electronic monitoring
technology have made the technology more common and acceptable to criminal justice system personnel, policymakers, and the general public.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Additional notes found at www.leg.wa.gov
[Title 9 RCW—page 158]
(2010 Ed.)
Sentencing Reform Act of 1981
In an effort to reduce prison and jail populations, many states are
increasing their utilization of electronic monitoring. However, Washington
state’s use of electronic monitoring has been relatively stagnate.
The intent of this act is to determine what electronic monitoring policies and programs have been implemented in the other forty-nine states, in
order that Washington state can learn from the other states’ experiences."
[2005 c 435 § 1.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—1996 c 275: See note following RCW 9.94A.505.
Additional notes found at www.leg.wa.gov
9.94A.740 Community custody violators—Arrest,
detention, financial responsibility. (1) When an offender is
arrested pursuant to RCW 9.94A.716, the department shall
compensate the local jurisdiction at the office of financial
management’s adjudicated rate, in accordance with RCW
70.48.440.
(2) Inmates, as defined in RCW 72.09.015, who have
been transferred to community custody and who are detained
in a local correctional facility are the financial responsibility
of the department of corrections, except as provided in subsection (3) of this section.
(3) For confinement sanctions imposed by the department under RCW 9.94A.670, the local correctional facility
shall be financially responsible.
(4) The department, in consultation with the Washington
association of sheriffs and police chiefs and those counties in
which the sheriff does not operate a correctional facility, shall
establish a methodology for determining the department’s
local correctional facilities bed utilization rate, for each
county in calendar year 1998, for offenders being held for
violations of conditions of community custody.
(5) Except as provided in subsections (1) and (2) of this
section, the local correctional facility shall continue to be
financially responsible to the extent of the calendar year 1998
bed utilization rate for confinement sanctions imposed by the
department pursuant to RCW 9.94A.737. If the department’s
use of bed space in local correctional facilities of any county
for such confinement sanctions exceeds the 1998 bed utilization rate for the county, the department shall compensate the
county for the excess use at the per diem rate equal to the
lowest rate charged by the county under its contract with a
municipal government during the year in which the use
occurs. [2008 c 231 § 22; 1999 c 196 § 9; 1996 c 275 § 4;
1988 c 153 § 5. Formerly RCW 9.94A.207.]
9.94A.740
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Finding—1996 c 275: See note following RCW 9.94A.505.
Additional notes found at www.leg.wa.gov
9.94A.745 Interstate compact for adult offender
supervision. The interstate compact for adult offender
supervision is hereby entered into and enacted into law with
all jurisdictions legally joining therein, in the form substantially as follows:
9.94A.745
ARTICLE I
PURPOSE
(a) The compacting states to this interstate compact recognize that each state is responsible for the supervision of
(2010 Ed.)
9.94A.745
adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across
state lines both to and from each compacting state in such a
manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and, when
necessary, return offenders to the originating jurisdictions.
The compacting states also recognize that congress, by enacting the crime control act, 4 U.S.C. Sec. 112 (1965), has
authorized and encouraged compacts for cooperative efforts
and mutual assistance in the prevention of crime.
(b) It is the purpose of this compact and the interstate
commission created hereunder, through means of joint and
cooperative action among the compacting states: To provide
the framework for the promotion of public safety and protect
the rights of victims through the control and regulation of the
interstate movement of offenders in the community; to provide for the effective tracking, supervision, and rehabilitation
of these offenders by the sending and receiving states; and to
equitably distribute the costs, benefits and obligations of the
compact among the compacting states.
(c) In addition, this compact will: Create an interstate
commission which will establish uniform procedures to manage the movement between states of adults placed under
community supervision and released to the community under
the jurisdiction of courts, paroling authorities, corrections, or
other criminal justice agencies which will promulgate rules to
achieve the purpose of this compact; ensure an opportunity
for input and timely notice to victims and to jurisdictions
where defined offenders are authorized to travel or to relocate
across state lines; establish a system of uniform data collection, access to information on active cases by authorized
criminal justice officials, and regular reporting of compact
activities to heads of state councils, state executive, judicial,
and legislative branches and criminal justice administrators;
monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and
correct noncompliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.
(d) The compacting states recognize that there is no
"right" of any offender to live in another state and that duly
accredited officers of a sending state may at all times enter a
receiving state and there apprehend and retake any offender
under supervision subject to the provisions of this compact
and bylaws and rules promulgated hereunder. It is the policy
of the compacting states that the activities conducted by the
interstate commission created herein are the formation of
public policies and are therefore public business.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly
requires a different construction:
(a) "Adult" means both individuals legally classified as
adults and juveniles treated as adults by court order, statute,
or operation of law.
(b) "Bylaws" means those bylaws established by the
interstate commission for its governance, or for directing or
controlling the interstate commission’s actions or conduct.
(c) "Compact administrator" means the individual in
each compacting state appointed pursuant to the terms of this
[Title 9 RCW—page 159]
9.94A.745
Title 9 RCW: Crimes and Punishments
compact responsible for the administration and management
of the state’s supervision and transfer of offenders subject to
the terms of this compact, the rules adopted by the interstate
commission and policies adopted by the state council under
this compact.
(d) "Compacting state" means any state which has
enacted the enabling legislation for this compact.
(e) "Commissioner" means the voting representative of
each compacting state appointed pursuant to article III of this
compact.
(f) "Interstate commission" means the interstate commission for adult offender supervision established by this compact.
(g) "Member" means the commissioner of a compacting
state or designee, who shall be a person officially connected
with the commissioner.
(h) "Noncompacting state" means any state which has
not enacted the enabling legislation for this compact.
(i) "Offender" means an adult placed under, or subject, to
supervision as the result of the commission of a criminal
offense and released to the community under the jurisdiction
of courts, paroling authorities, corrections, or other criminal
justice agencies.
(j) "Person" means any individual, corporation, business
enterprise, or other legal entity, either public or private.
(k) "Rules" means acts of the interstate commission,
duly promulgated pursuant to article VIII of this compact,
substantially affecting interested parties in addition to the
interstate commission, which shall have the force and effect
of law in the compacting states.
(l) "State" means a state of the United States, the District
of Columbia and any other territorial possessions of the
United States.
(m) "State council" means the resident members of the
state council for interstate adult offender supervision created
by each state under article IV of this compact.
(n) "Victim" means a person who has sustained emotional, psychological, physical, or financial injury to person
or property as a result of criminal conduct against the person
or a member of the person’s family.
ARTICLE III
THE COMPACT COMMISSION
(a) The compacting states hereby create the "interstate
commission for adult offender supervision." The interstate
commission shall be a body corporate and joint agency of the
compacting states. The interstate commission shall have all
the responsibilities, powers and duties set forth herein;
including the power to sue and be sued, and such additional
powers as may be conferred upon it by subsequent action of
the respective legislatures of the compacting states in accordance with the terms of this compact.
(b) The interstate commission shall consist of commissioners selected and appointed by resident members of a state
council for interstate adult offender supervision for each
state. In addition to the commissioners who are the voting
representatives of each state, the interstate commission shall
include individuals who are not commissioners but who are
members of interested organizations. Such noncommissioner
members must include a member of the national organizations of governors, legislators, state chief justices, attorneys
[Title 9 RCW—page 160]
general and crime victims. All noncommissioner members of
the interstate commission shall be ex officio, nonvoting
members. The interstate commission may provide in its
bylaws for such additional, ex officio, nonvoting members as
it deems necessary.
(c) Each compacting state represented at any meeting of
the interstate commission is entitled to one vote. A majority
of the compacting states shall constitute a quorum for the
transaction of business, unless a larger quorum is required by
the bylaws of the interstate commission.
(d) The interstate commission shall meet at least once
each calendar year. The chairperson may call additional
meetings and, upon the request of twenty-seven or more compacting states, shall call additional meetings. Public notice
shall be given of all meetings and meetings shall be open to
the public.
(e) The interstate commission shall establish an executive committee which shall include commission officers,
members and others as shall be determined by the bylaws.
The executive committee shall have the power to act on
behalf of the interstate commission during periods when the
interstate commission is not in session, with the exception of
rulemaking and/or amendment to the compact. The executive
committee oversees the day-to-day activities managed by the
executive director and interstate commission staff; administers enforcement and compliance with the provisions of the
compact, its bylaws and as directed by the interstate commission and performs other duties as directed by the commission
or set forth in the bylaws.
ARTICLE IV
THE STATE COUNCIL
(a) Each member state shall create a state council for
interstate adult offender supervision which shall be responsible for the appointment of the commissioner who shall serve
on the interstate commission from that state. Each state council shall appoint as its commissioner the compact administrator from that state to serve on the interstate commission in
such capacity under or pursuant to applicable law of the
member state. While each member state may determine the
membership of its own state council, its membership must
include at least one representative from the legislative, judicial, and executive branches of government, victims’ groups,
and compact administrators.
(b) Each compacting state retains the right to determine
the qualifications of the compact administrator who shall be
appointed by the state council or by the governor in consultation with the legislature and the judiciary.
(c) In addition to appointment of its commissioner to the
national interstate commission, each state council shall exercise oversight and advocacy concerning its participation in
interstate commission activities and other duties as may be
determined by each member state including, but not limited
to, development of policy concerning operations and procedures of the compact within that state.
ARTICLE V
POWERS AND DUTIES OF THE
INTERSTATE COMMISSION
The interstate commission shall have the following powers:
(2010 Ed.)
Sentencing Reform Act of 1981
(a) To adopt a seal and suitable bylaws governing the
management and operation of the interstate commission;
(b) To promulgate rules which shall have the force and
effect of statutory law and shall be binding in the compacting
states to the extent and in the manner provided in this compact;
(c) To oversee, supervise and coordinate the interstate
movement of offenders subject to the terms of this compact
and any bylaws adopted and rules promulgated by the compact commission;
(d) To enforce compliance with compact provisions,
interstate commission rules, and bylaws, using all necessary
and proper means, including, but not limited to, the use of
judicial process;
(e) To establish and maintain offices;
(f) To purchase and maintain insurance and bonds;
(g) To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs;
(h) To establish and appoint committees and hire staff
which it deems necessary for the carrying out of its functions
including, but not limited to, an executive committee as
required by article III of this compact which shall have the
power to act on behalf of the interstate commission in carrying out its powers and duties hereunder;
(i) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation,
define their duties and determine their qualifications; and to
establish the interstate commission’s personnel policies and
programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel;
(j) To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
utilize, and dispose of same;
(k) To lease, purchase, accept contributions or donations
of, or otherwise to own, hold, improve or use any property,
real, personal, or mixed;
(l) To sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, real, personal,
or mixed;
(m) To establish a budget and make expenditures and
levy dues as provided in article X of this compact;
(n) To sue and be sued;
(o) To provide for dispute resolution among compacting
states;
(p) To perform such functions as may be necessary or
appropriate to achieve the purposes of this compact;
(q) To report annually to the legislatures, governors,
judiciary, and state councils of the compacting states concerning the activities of the interstate commission during the
preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate
commission;
(r) To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity;
(s) To establish uniform standards for the reporting, collecting, and exchanging of data.
(2010 Ed.)
9.94A.745
ARTICLE VI
ORGANIZATION AND OPERATION OF THE
INTERSTATE COMMISSION
(a) Bylaws. The interstate commission shall, by a majority of the members, within twelve months of the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
(1) Establishing the fiscal year of the interstate commission;
(2) Establishing an executive committee and such other
committees as may be necessary, providing reasonable standards and procedures:
(i) For the establishment of committees, and
(ii) Governing any general or specific delegation of any
authority or function of the interstate commission;
(3) Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring
reasonable notice of each such meeting;
(4) Establishing the titles and responsibilities of the
officers of the interstate commission;
(5) Providing reasonable standards and procedures for
the establishment of the personnel policies and programs of
the interstate commission. Notwithstanding any civil service
or other similar laws of any compacting state, the bylaws
shall exclusively govern the personnel policies and programs
of the interstate commission;
(6) Providing a mechanism for winding up the operations
of the interstate commission and the equitable return of any
surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and
obligations;
(7) Providing transition rules for "start up" administration of the compact;
(8) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
(b) Officers and staff. (1) The interstate commission
shall, by a majority of the members, elect from among its
members a chairperson and a vice chairperson, each of whom
shall have such authorities and duties as may be specified in
the bylaws. The chairperson or, in his or her absence or disability, the vice-chairperson shall preside at all meetings of
the interstate commission. The officers so elected shall serve
without compensation or remuneration from the interstate
commission: PROVIDED, That subject to the availability of
budgeted funds, the officers shall be reimbursed for any
actual and necessary costs and expenses incurred by them in
the performance of their duties and responsibilities as officers
of the interstate commission.
(2) The interstate commission shall, through its executive committee, appoint or retain an executive director for
such period, upon such terms and conditions and for such
compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the
interstate commission, and hire and supervise such other staff
as may be authorized by the interstate commission, but shall
not be a member.
(c) Corporate records of the interstate commission.
The interstate commission shall maintain its corporate books
and records in accordance with the bylaws.
[Title 9 RCW—page 161]
9.94A.745
Title 9 RCW: Crimes and Punishments
(d) Qualified immunity, defense and indemnification.
(1) The members, officers, executive director and employees
of the interstate commission shall be immune from suit and
liability, either personally or in their official capacity, for any
claim for damage to or loss of property or personal injury or
other civil liability caused or arising out of any actual or
alleged act, error or omission that occurred within the scope
of interstate commission employment, duties or responsibilities: PROVIDED, That nothing in this subsection (d)(1) shall
be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the
intentional or willful and wanton misconduct of any such person.
(2) The interstate commission shall defend the commissioner of a compacting state, or his or her representatives or
employees, or the interstate commission’s representatives or
employees in any civil action seeking to impose liability,
arising out of any actual or alleged act, error or omission that
occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a
reasonable basis for believing occurred within the scope of
interstate commission employment, duties or responsibilities:
PROVIDED, That the actual or alleged act, error or omission
did not result from intentional wrongdoing on the part of such
person.
(3) The interstate commission shall indemnify and hold
the commissioner of a compacting state, the appointed designee or employees, or the interstate commission’s representatives or employees harmless in the amount of any settlement
or judgment obtained against such persons arising out of any
actual or alleged act, error or omission that occurred within
the scope of interstate commission employment, duties or
responsibilities, or that such persons had a reasonable basis
for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided, that
the actual or alleged act, error or omission did not result from
gross negligence or intentional wrongdoing on the part of
such person.
ARTICLE VII
ACTIVITIES OF THE INTERSTATE COMMISSION
(a) The interstate commission shall meet and take such
actions as are consistent with the provisions of this compact.
(b) Except as otherwise provided in this compact and
unless a greater percentage is required by the bylaws, in order
to constitute an act of the interstate commission, such act
shall have been taken at a meeting of the interstate commission and shall have received an affirmative vote of a majority
of the members present.
(c) Each member of the interstate commission shall have
the right and power to cast a vote to which that compacting
state is entitled and to participate in the business and affairs
of the interstate commission. A member shall vote in person
on behalf of the state and shall not delegate a vote to another
member state. However, a state council shall appoint another
authorized representative, in the absence of the commissioner
from that state, to cast a vote on behalf of the member state at
a specified meeting. The bylaws may provide for members’
participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting
conducted by telephone or other means of telecommunication
[Title 9 RCW—page 162]
or electronic communication shall be subject to the same
quorum requirements of meetings where members are
present in person.
(d) The interstate commission shall meet at least once
during each calendar year. The chairperson of the interstate
commission may call additional meetings at any time and,
upon the request of a majority of the members, shall call additional meetings.
(e) The interstate commission’s bylaws shall establish
conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate
commission may exempt from disclosure any information or
official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating
such rules, the interstate commission may make available to
law enforcement agencies records and information otherwise
exempt from disclosure, and may enter into agreements with
law enforcement agencies to receive or exchange information
or records subject to nondisclosure and confidentiality provisions.
(f) Public notice shall be given of all meetings and all
meetings shall be open to the public, except as set forth in the
rules or as otherwise provided in the compact. The interstate
commission shall promulgate rules consistent with the principles contained in the "government in sunshine act," 5 U.S.C.
Sec. 552(b), as may be amended. The interstate commission
and any of its committees may close a meeting to the public
where it determines by two-thirds vote that an open meeting
would be likely to:
(1) Relate solely to the interstate commission’s internal
personnel practices and procedures;
(2) Disclose matters specifically exempted from disclosure by statute;
(3) Disclose trade secrets or commercial or financial
information which is privileged or confidential;
(4) Involve accusing any person of a crime, or formally
censuring any person;
(5) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of
personal privacy;
(6) Disclose investigatory records compiled for law
enforcement purposes;
(7) Disclose information contained in or related to examination, operating or condition reports prepared by, or on
behalf of or for the use of, the interstate commission with
respect to a regulated entity for the purpose of regulation or
supervision of such entity;
(8) Disclose information, the premature disclosure of
which would significantly endanger the life of a person or the
stability of a regulated entity;
(9) Specifically relate to the interstate commission’s
issuance of a subpoena, or its participation in a civil action or
proceeding.
(g) For every meeting closed pursuant to this provision,
the interstate commission’s chief legal officer shall publicly
certify that, in his or her opinion, the meeting may be closed
to the public, and shall reference each relevant provision
authorizing closure of the meeting. The interstate commission shall keep minutes which shall fully and clearly describe
all matters discussed in any meeting and shall provide a full
(2010 Ed.)
Sentencing Reform Act of 1981
and accurate summary of any actions taken, and the reasons
therefor, including a description of each of the views
expressed on any item and the record of any roll call vote
(reflected in the vote of each member on the question). All
documents considered in connection with any action shall be
identified in such minutes.
(h) The interstate commission shall collect standardized
data concerning the interstate movement of offenders as
directed through its bylaws and rules which shall specify the
data to be collected, the means of collection and data
exchange and reporting requirements.
ARTICLE VIII
RULEMAKING FUNCTIONS OF THE
INTERSTATE COMMISSION
(a) The interstate commission shall promulgate rules in
order to effectively and efficiently achieve the purposes of
the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.
(b) Rulemaking shall occur pursuant to the criteria set
forth in this article and the bylaws and rules adopted pursuant
thereto. Such rulemaking shall substantially conform to the
principles of the federal administrative procedure act, 5
U.S.C. Sec. 551 et seq., and the federal advisory committee
act, 5 U.S.C.S. app. 2, section 1 et seq., as may be amended
(hereinafter "APA"). All rules and amendments shall become
binding as of the date specified in each rule or amendment.
(c) If a majority of the legislatures of the compacting
states rejects a rule, by enactment of a statute or resolution in
the same manner used to adopt the compact, then such rule
shall have no further force and effect in any compacting state.
(d) When promulgating a rule, the interstate commission
shall:
(1) Publish the proposed rule stating with particularity
the text of the rule which is proposed and the reason for the
proposed rule;
(2) Allow persons to submit written data, facts, opinions
and arguments, which information shall be publicly available;
(3) Provide an opportunity for an informal hearing; and
(4) Promulgate a final rule and its effective date, if
appropriate, based on the rulemaking record. Not later than
sixty days after a rule is promulgated, any interested person
may file a petition in the United States district court for the
District of Columbia or in the federal district court where the
interstate commission’s principal office is located for judicial
review of such rule. If the court finds that the interstate commission’s action is not supported by substantial evidence, (as
defined in the APA), in the rulemaking record, the court shall
hold the rule unlawful and set it aside.
(e) Subjects to be addressed within twelve months after
the first meeting must at a minimum include:
(1) Notice to victims and opportunity to be heard;
(2) Offender registration and compliance;
(3) Violations/returns;
(4) Transfer procedures and forms;
(5) Eligibility for transfer;
(6) Collection of restitution and fees from offenders;
(7) Data collection and reporting;
(2010 Ed.)
9.94A.745
(8) The level of supervision to be provided by the receiving state;
(9) Transition rules governing the operation of the compact and the interstate commission during all or part of the
period between the effective date of the compact and the date
on which the last eligible state adopts the compact;
(10) Mediation, arbitration and dispute resolution.
(f) The existing rules governing the operation of the previous compact superseded by this act shall be null and void
twelve months after the first meeting of the interstate commission created hereunder.
(g) Upon determination by the interstate commission
that an emergency exists, it may promulgate an emergency
rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided
hereunder shall be retroactively applied to said rule as soon as
reasonably possible, in no event later than ninety days after
the effective date of the rule.
ARTICLE IX
OVERSIGHT, ENFORCEMENT, AND DISPUTE
RESOLUTION BY THE INTERSTATE COMMISSION
(a) Oversight. (1) The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly
affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions
necessary and appropriate to effectuate the compact’s purposes and intent. In any judicial or administrative proceeding
in a compacting state pertaining to the subject matter of this
compact which may affect the powers, responsibilities or
actions of the interstate commission, the interstate commission shall be entitled to receive all service of process in any
such proceeding, and shall have standing to intervene in the
proceeding for all purposes.
(b) Dispute resolution. (1) The compacting states shall
report to the interstate commission on issues or activities of
concern to them, and cooperate with and support the interstate commission in the discharge of its duties and responsibilities.
(2) The interstate commission shall attempt to resolve
any disputes or other issues which are subject to the compact
and which may arise among compacting states and noncompacting states.
The interstate commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(c) Enforcement. The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions
of this compact using any or all means set forth in article
XII(b) of this compact.
ARTICLE X
FINANCE
(a) The interstate commission shall pay or provide for
the payment of the reasonable expenses of its establishment,
organization and ongoing activities.
(b) The interstate commission shall levy on and collect
an annual assessment from each compacting state to cover
[Title 9 RCW—page 163]
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the cost of the internal operations and activities of the interstate commission and its staff which must be in a total
amount sufficient to cover the interstate commission’s annual
budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be
determined by the interstate commission, taking into consideration the population of the state and the volume of interstate
movement of offenders in each compacting state and shall
promulgate a rule binding upon all compacting states which
governs said assessment.
(c) The interstate commission shall not incur any obligations of any kind prior to securing the funds adequate to meet
the same; nor shall the interstate commission pledge the
credit of any of the compacting states, except by and with the
authority of the compacting state.
(d) The interstate commission shall keep accurate
accounts of all receipts and disbursements. The receipts and
disbursements of the interstate commission shall be subject to
the audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds
handled by the interstate commission shall be audited yearly
by a certified or licensed public accountant and the report of
the audit shall be included in and become part of the annual
report of the interstate commission.
ARTICLE XI
COMPACTING STATES, EFFECTIVE DATE
AND AMENDMENT
(a) Any state, as defined in article II of this compact, is
eligible to become a compacting state.
(b) The compact shall become effective and binding
upon legislative enactment of the compact into law by no less
than thirty-five of the states. The initial effective date shall be
the later of July 1, 2001, or upon enactment into law by the
thirty-fifth jurisdiction. Thereafter it shall become effective
and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of
nonmember states or their designees will be invited to participate in interstate commission activities on a nonvoting basis
prior to adoption of the compact by all states and territories of
the United States.
(c) Amendments to the compact may be proposed by the
interstate commission for enactment by the compacting
states. No amendment shall become effective and binding
upon the interstate commission and the compacting states
unless and until it is enacted into law by unanimous consent
of the compacting states.
ARTICLE XII
WITHDRAWAL, DEFAULT, TERMINATION, AND
JUDICIAL ENFORCEMENT
(a) Withdrawal. (1) Once effective, the compact shall
continue in force and remain binding upon each and every
compacting state: PROVIDED, That a compacting state may
withdraw from the compact ("withdrawing state") by enacting a statute specifically repealing the statute which enacted
the compact into law.
(2) The effective date of withdrawal is the effective date
of the repeal.
(3) The withdrawing state shall immediately notify the
chairperson of the interstate commission in writing upon the
[Title 9 RCW—page 164]
introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the
other compacting states of the withdrawing state’s intent to
withdraw within sixty days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting
the compact or upon such later date as determined by the
interstate commission.
(b) Default. (1) If the interstate commission determines
that any compacting state has at any time defaulted ("defaulting state") in the performance of any of its obligations or
responsibilities under this compact, the bylaws or any duly
promulgated rules, the interstate commission may impose
any or all of the following penalties:
(i) Fines, fees and costs in such amounts as are deemed
to be reasonable as fixed by the interstate commission;
(ii) Remedial training and technical assistance as
directed by the interstate commission;
(iii) Suspension and termination of membership in the
compact. Suspension shall be imposed only after all other
reasonable means of securing compliance under the bylaws
and rules have been exhausted. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or chief judicial officer of the state, the
majority and minority leaders of the defaulting state’s legislature, and the state council.
(2) The grounds for default include, but are not limited
to, failure of a compacting state to perform such obligations
or responsibilities imposed upon it by this compact, interstate
commission bylaws, or duly promulgated rules. The interstate commission shall immediately notify the defaulting
state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default.
The interstate commission shall stipulate the conditions and
the time period within which the defaulting state must cure its
default. If the defaulting state fails to cure the default within
the time period specified by the interstate commission, in
addition to any other penalties imposed herein, the defaulting
state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights,
privileges and benefits conferred by this compact shall be terminated from the effective date of suspension. Within sixty
days of the effective date of termination of a defaulting state,
the interstate commission shall notify the governor, the chief
justice or chief judicial officer and the majority and minority
leaders of the defaulting state’s legislature and the state council of such termination.
(3) The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
(4) The interstate commission shall not bear any costs
relating to the defaulting state unless otherwise mutually
agreed upon between the interstate commission and the
defaulting state. Reinstatement following termination of any
(2010 Ed.)
Sentencing Reform Act of 1981
compacting state requires both a reenactment of the compact
by the defaulting state and the approval of the interstate commission pursuant to the rules.
(c) Judicial enforcement. The interstate commission
may, by majority vote of the members, initiate legal action in
the United States district court for the District of Columbia
or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices to
enforce compliance with the provisions of the compact, its
duly promulgated rules and bylaws, against any compacting
state in default. In the event judicial enforcement is necessary
the prevailing party shall be awarded all costs of such litigation including reasonable attorneys’ fees.
(d) Dissolution of compact. (1) The compact dissolves
effective upon the date of the withdrawal or default of the
compacting state which reduces membership in the compact
to one compacting state.
(2) Upon the dissolution of this compact, the compact
becomes null and void and shall be of no further force or
effect, and the business and affairs of the interstate commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XIII
SEVERABILITY AND CONSTRUCTION
(a) The provisions of this compact shall be severable,
and if any phrase, clause, sentence or provision is deemed
unenforceable, the remaining provisions of the compact shall
be enforceable.
(b) The provisions of this compact shall be liberally constructed to effectuate its purposes.
ARTICLE XIV
BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) Other laws. (1) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
(2) All compacting states’ laws conflicting with this
compact are superseded to the extent of the conflict.
(b) Binding effect of the compact. (1) All lawful
actions of the interstate commission, including all rules and
bylaws promulgated by the interstate commission, are binding upon the compacting states.
(2) All agreements between the interstate commission
and the compacting states are binding in accordance with
their terms.
(3) Upon the request of a party to a conflict over meaning
or interpretation of interstate commission actions, and upon a
majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or
interpretation.
(4) In the event any provision of this compact exceeds
the constitutional limits imposed on the legislature of any
compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations,
duties, powers or jurisdiction shall remain in the compacting
state and shall be exercised by the agency thereof to which
such obligations, duties, powers or jurisdiction are delegated
by law in effect at the time this compact becomes effective.
[2001 c 35 § 2.]
(2010 Ed.)
9.94A.74503
Short title—2001 c 35: "This act shall be known and may be cited as
the "interstate compact for adult offender supervision."" [2001 c 35 § 1.]
Effective date—2001 c 35: "(1) This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001.
*(2) The interstate compact for adult offender supervision becomes
effective and binding July 1, 2001, or on the date of enactment of the interstate compact for adult offender supervision by thirty-five jurisdictions,
whichever is later. In determining that the compact has become effective and
binding, the code reviser may rely on the written representation of the
national institute of corrections of the United States department of justice."
[2001 c 35 § 6.]
*Reviser’s note: The interstate compact was enacted and signed into
law by the thirty-fifth state on June 19, 2002.
9.94A.74501 State council. (1) The sentencing guidelines commission shall serve as the state council for interstate
adult offender supervision as required under article IV of
RCW 9.94A.745, the interstate compact for adult offender
supervision. To assist the commission in performing its functions as the state council, the department of corrections shall
provide staffing and support services. The commission may
form a subcommittee, including members representing the
legislative, judicial, and executive branches of state government, victims’ groups, and the secretary of corrections, to
perform the functions of the state council. Any such subcommittee shall include representation of both houses and at least
two of the four largest political caucuses in the legislature.
(2) The commission, or a subcommittee if formed for
that purpose, shall:
(a) Review department operations and procedures under
RCW 9.94A.745, and recommend policies to the compact
administrator, including policies to be pursued in the administrator’s capacity as the state’s representative on the interstate commission created under article III of RCW
9.94A.745;
(b) Report annually to the legislature on interstate supervision operations and procedures under RCW 9.94A.745,
including recommendations for policy changes; and
(c) Not later than December 1, 2004, report to the legislature on the effectiveness of its functioning as the state council under article IV of RCW 9.94A.745, and recommend any
legislation it deems appropriate.
(3) The commission, or a subcommittee if formed for
that purpose, shall appoint one of its members, or an
employee of the department designated by the secretary, to
represent the state at meetings of the interstate commission
created under article III of RCW 9.94A.745 when the compact administrator cannot attend. [2001 c 35 § 3.]
9.94A.74501
9.94A.74502 Compact administrator. The secretary
of corrections, or an employee of the department designated
by the secretary, shall serve as the compact administrator
under article IV of RCW 9.94A.745, the interstate compact
for adult offender supervision. The legislature intends that the
compact administrator, representing the state on the interstate
commission created under article III of RCW 9.94A.745, will
take an active role to assure that the interstate compact operates to protect the safety of the people and communities of the
state. [2001 c 35 § 4.]
9.94A.74502
9.94A.74503 Other compacts and agreements—
Withdrawal from current compact. (1) The state shall
9.94A.74503
[Title 9 RCW—page 165]
9.94A.74504
Title 9 RCW: Crimes and Punishments
continue to meet its obligations under RCW 9.95.270, the
interstate compact for the supervision of parolees and probationers, to those states which continue to meet their obligations to the state of Washington under the interstate compact
for the supervision of parolees and probationers, and have not
approved the interstate compact for adult offender supervision after July 1, 2001.
(2) If a state withdraws from the interstate compact for
adult offender supervision under article XII(a) of RCW
9.94A.745, the state council for interstate adult offender
supervision created by RCW 9.94A.74501 shall seek to negotiate an agreement with the withdrawing state fulfilling the
purposes of RCW 9.94A.745, subject to the approval of the
legislature.
(3) Nothing in chapter 35, Laws of 2001 limits the secretary’s authority to enter into agreements with other jurisdictions for supervision of offenders. [2001 c 35 § 5.]
(a) The development of memoranda of understanding
with states that send the highest numbers of offenders to
Washington state for supervision;
(b) The outcome of the resolution process with the interstate commission; and
(c) The feasibility and cost of withdrawal from the interstate compact for adult offender supervision. [2010 c 258 §
4.]
Purpose—2010 c 258 § 4: "The legislature has determined that it is
necessary to examine patterns related to the exchange of out-of-state offenders needing supervision. The examination must assess the past action and
behavior of other states that send offenders to the state of Washington for
supervision to assure that the interstate compact for adult offender supervision operates to protect the safety of the people and communities of Washington and other individual states." [2010 c 258 § 3.]
Effective date—2010 c 258 §§ 3 and 4: "Sections 3 and 4 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect June 1, 2010." [2010 c 258 § 5.]
RESTITUTION AND
LEGAL FINANCIAL OBLIGATIONS
9.94A.74504
9.94A.74504 Supervision of transferred offenders—
Processing transfer applications. (1) The department may
supervise nonfelony offenders transferred to Washington
pursuant to RCW 9.94A.745, the interstate compact for adult
offender supervision, and shall supervise these offenders
according to the provisions of this chapter.
(2) The department shall process applications for interstate transfer of felony and nonfelony offenders pursuant to
RCW 9.94A.745, the interstate compact for adult offender
supervision, and may charge offenders a reasonable fee for
processing the application. [2005 c 400 § 1.]
Application—2005 c 400: "This act applies to offenders sentenced
before, on, or after July 1, 2005." [2005 c 400 § 8.]
Effective date—2005 c 400: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005."
[2005 c 400 § 9.]
9.94A.74505
9.94A.74505 Review of obligations under compact—
Report to legislature. (1) The department shall identify the
states from which it receives adult offenders who need supervision and examine the feasibility and cost of establishing
memoranda of understanding with the states that send the
highest number of offenders for supervision to Washington
state with the goal of achieving more balanced and equitable
obligations under the interstate compact for adult offender
supervision.
(2) At the next meeting of the interstate compact commission, Washington’s representatives on the commission
shall seek a resolution by the commission regarding:
(a) Any inequitable distribution of costs, benefits, and
obligations affecting Washington under the interstate compact; and
(b) The scope of the mandatory acceptance policy and
the authority of the receiving state to determine when it is no
longer able to supervise an offender.
(3) The department shall examine the feasibility and cost
of withdrawal from the interstate compact for adult offender
supervision.
(4) The department shall report to the legislature no later
than December 1, 2010, regarding:
[Title 9 RCW—page 166]
9.94A.750 Restitution. This section applies to offenses
committed on or before July 1, 1985.
(1) If restitution is ordered, the court shall determine the
amount of restitution due at the sentencing hearing or within
one hundred eighty days. The court may continue the hearing
beyond the one hundred eighty days for good cause. The
court shall then set a minimum monthly payment that the
offender is required to make towards the restitution that is
ordered. The court should take into consideration the total
amount of the restitution owed, the offender’s present, past,
and future ability to pay, as well as any assets that the
offender may have.
(2) During the period of supervision, the community corrections officer may examine the offender to determine if
there has been a change in circumstances that warrants an
amendment of the monthly payment schedule. The community corrections officer may recommend a change to the
schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments
based on the report from the community corrections officer
of the change in circumstances.
(3) Except as provided in subsection (6) of this section,
restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury
to or loss of property, actual expenses incurred for treatment
for injury to persons, and lost wages resulting from injury.
Restitution shall not include reimbursement for damages for
mental anguish, pain and suffering, or other intangible losses,
but may include the costs of counseling reasonably related to
the offense. The amount of restitution shall not exceed double the amount of the offender’s gain or the victim’s loss
from the commission of the offense.
(4) For the purposes of this section, the offender shall
remain under the court’s jurisdiction for a term of ten years
following the offender’s release from total confinement or
ten years subsequent to the entry of the judgment and sentence, whichever period is longer. Prior to the expiration of
the initial ten-year period, the superior court may extend
9.94A.750
(2010 Ed.)
Sentencing Reform Act of 1981
jurisdiction under the criminal judgment an additional ten
years for payment of restitution. The portion of the sentence
concerning restitution may be modified as to amount, terms
and conditions during either the initial ten-year period or subsequent ten-year period if the criminal judgment is extended,
regardless of the expiration of the offender’s term of community supervision and regardless of the statutory maximum
sentence for the crime. The court may not reduce the total
amount of restitution ordered because the offender may lack
the ability to pay the total amount. The offender’s compliance with the restitution shall be supervised by the department only during any period which the department is authorized to supervise the offender in the community under RCW
9.94A.728, 9.94A.501, or in which the offender is in confinement in a state correctional institution or a correctional facility pursuant to a transfer agreement with the department, and
the department shall supervise the offender’s compliance
during any such period. The department is responsible for
supervision of the offender only during confinement and
authorized supervision and not during any subsequent period
in which the offender remains under the court’s jurisdiction.
The county clerk is authorized to collect unpaid restitution at
any time the offender remains under the jurisdiction of the
court for purposes of his or her legal financial obligations.
(5) Restitution may be ordered whenever the offender is
convicted of an offense which results in injury to any person
or damage to or loss of property or as provided in subsection
(6) of this section. In addition, restitution may be ordered to
pay for an injury, loss, or damage if the offender pleads guilty
to a lesser offense or fewer offenses and agrees with the prosecutor’s recommendation that the offender be required to pay
restitution to a victim of an offense or offenses which are not
prosecuted pursuant to a plea agreement.
(6) Restitution for the crime of rape of a child in the first,
second, or third degree, in which the victim becomes pregnant, shall include: (a) All of the victim’s medical expenses
that are associated with the rape and resulting pregnancy; and
(b) child support for any child born as a result of the rape if
child support is ordered pursuant to a proceeding in superior
court or administrative order for support for that child. The
clerk must forward any restitution payments made on behalf
of the victim’s child to the Washington state child support
registry under chapter 26.23 RCW. Identifying information
about the victim and child shall not be included in the order.
The offender shall receive a credit against any obligation
owing under the administrative or superior court order for
support of the victim’s child. For the purposes of this subsection, the offender shall remain under the court’s jurisdiction
until the offender has satisfied support obligations under the
superior court or administrative order but not longer than a
maximum term of twenty-five years following the offender’s
release from total confinement or twenty-five years subsequent to the entry of the judgment and sentence, whichever
period is longer. The court may not reduce the total amount
of restitution ordered because the offender may lack the ability to pay the total amount. The department shall supervise
the offender’s compliance with the restitution ordered under
this subsection.
(7) In addition to any sentence that may be imposed, an
offender who has been found guilty of an offense involving
fraud or other deceptive practice or an organization which has
(2010 Ed.)
9.94A.753
been found guilty of any such offense may be ordered by the
sentencing court to give notice of the conviction to the class
of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the
offense by mail, by advertising in designated areas or through
designated media, or by other appropriate means.
(8) This section does not limit civil remedies or defenses
available to the victim or offender including support enforcement remedies for support ordered under subsection (6) of
this section for a child born as a result of a rape of a child victim. The court shall identify in the judgment and sentence the
victim or victims entitled to restitution and what amount is
due each victim. The state or victim may enforce the courtordered restitution in the same manner as a judgment in a
civil action. Restitution collected through civil enforcement
must be paid through the registry of the court and must be distributed proportionately according to each victim’s loss when
there is more than one victim. [2003 c 379 § 15; 2000 c 28 §
32. Prior: 1997 c 121 § 3; 1997 c 52 § 1; 1995 c 231 § 1;
1994 c 271 § 601; 1989 c 252 § 5; 1987 c 281 § 3; 1982 c 192
§ 5; 1981 c 137 § 14. Formerly RCW 9.94A.140.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.94A.753 Restitution—Application dates. This section applies to offenses committed after July 1, 1985.
(1) When restitution is ordered, the court shall determine
the amount of restitution due at the sentencing hearing or
within one hundred eighty days except as provided in subsection (7) of this section. The court may continue the hearing
beyond the one hundred eighty days for good cause. The
court shall then set a minimum monthly payment that the
offender is required to make towards the restitution that is
ordered. The court should take into consideration the total
amount of the restitution owed, the offender’s present, past,
and future ability to pay, as well as any assets that the
offender may have.
(2) During the period of supervision, the community corrections officer may examine the offender to determine if
there has been a change in circumstances that warrants an
amendment of the monthly payment schedule. The community corrections officer may recommend a change to the
schedule of payment and shall inform the court of the recommended change and the reasons for the change. The sentencing court may then reset the monthly minimum payments
based on the report from the community corrections officer
of the change in circumstances.
(3) Except as provided in subsection (6) of this section,
restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury
to or loss of property, actual expenses incurred for treatment
for injury to persons, and lost wages resulting from injury.
9.94A.753
[Title 9 RCW—page 167]
9.94A.753
Title 9 RCW: Crimes and Punishments
Restitution shall not include reimbursement for damages for
mental anguish, pain and suffering, or other intangible losses,
but may include the costs of counseling reasonably related to
the offense. The amount of restitution shall not exceed double the amount of the offender’s gain or the victim’s loss
from the commission of the crime.
(4) For the purposes of this section, for an offense committed prior to July 1, 2000, the offender shall remain under
the court’s jurisdiction for a term of ten years following the
offender’s release from total confinement or ten years subsequent to the entry of the judgment and sentence, whichever
period ends later. Prior to the expiration of the initial ten-year
period, the superior court may extend jurisdiction under the
criminal judgment an additional ten years for payment of restitution. For an offense committed on or after July 1, 2000,
the offender shall remain under the court’s jurisdiction until
the obligation is completely satisfied, regardless of the statutory maximum for the crime. The portion of the sentence
concerning restitution may be modified as to amount, terms,
and conditions during any period of time the offender
remains under the court’s jurisdiction, regardless of the expiration of the offender’s term of community supervision and
regardless of the statutory maximum sentence for the crime.
The court may not reduce the total amount of restitution
ordered because the offender may lack the ability to pay the
total amount. The offender’s compliance with the restitution
shall be supervised by the department only during any period
which the department is authorized to supervise the offender
in the community under RCW 9.94A.728, 9.94A.501, or in
which the offender is in confinement in a state correctional
institution or a correctional facility pursuant to a transfer
agreement with the department, and the department shall
supervise the offender’s compliance during any such period.
The department is responsible for supervision of the offender
only during confinement and authorized supervision and not
during any subsequent period in which the offender remains
under the court’s jurisdiction. The county clerk is authorized
to collect unpaid restitution at any time the offender remains
under the jurisdiction of the court for purposes of his or her
legal financial obligations.
(5) Restitution shall be ordered whenever the offender is
convicted of an offense which results in injury to any person
or damage to or loss of property or as provided in subsection
(6) of this section unless extraordinary circumstances exist
which make restitution inappropriate in the court’s judgment
and the court sets forth such circumstances in the record. In
addition, restitution shall be ordered to pay for an injury, loss,
or damage if the offender pleads guilty to a lesser offense or
fewer offenses and agrees with the prosecutor’s recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.
(6) Restitution for the crime of rape of a child in the first,
second, or third degree, in which the victim becomes pregnant, shall include: (a) All of the victim’s medical expenses
that are associated with the rape and resulting pregnancy; and
(b) child support for any child born as a result of the rape if
child support is ordered pursuant to a civil superior court or
administrative order for support for that child. The clerk
must forward any restitution payments made on behalf of the
victim’s child to the Washington state child support registry
[Title 9 RCW—page 168]
under chapter 26.23 RCW. Identifying information about the
victim and child shall not be included in the order. The
offender shall receive a credit against any obligation owing
under the administrative or superior court order for support of
the victim’s child. For the purposes of this subsection, the
offender shall remain under the court’s jurisdiction until the
offender has satisfied support obligations under the superior
court or administrative order for the period provided in RCW
4.16.020 or a maximum term of twenty-five years following
the offender’s release from total confinement or twenty-five
years subsequent to the entry of the judgment and sentence,
whichever period is longer. The court may not reduce the
total amount of restitution ordered because the offender may
lack the ability to pay the total amount. The department shall
supervise the offender’s compliance with the restitution
ordered under this subsection.
(7) Regardless of the provisions of subsections (1)
through (6) of this section, the court shall order restitution in
all cases where the victim is entitled to benefits under the
crime victims’ compensation act, chapter 7.68 RCW. If the
court does not order restitution and the victim of the crime
has been determined to be entitled to benefits under the crime
victims’ compensation act, the department of labor and
industries, as administrator of the crime victims’ compensation program, may petition the court within one year of entry
of the judgment and sentence for entry of a restitution order.
Upon receipt of a petition from the department of labor and
industries, the court shall hold a restitution hearing and shall
enter a restitution order.
(8) In addition to any sentence that may be imposed, an
offender who has been found guilty of an offense involving
fraud or other deceptive practice or an organization which has
been found guilty of any such offense may be ordered by the
sentencing court to give notice of the conviction to the class
of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the
offense by mail, by advertising in designated areas or through
designated media, or by other appropriate means.
(9) This section does not limit civil remedies or defenses
available to the victim, survivors of the victim, or offender
including support enforcement remedies for support ordered
under subsection (6) of this section for a child born as a result
of a rape of a child victim. The court shall identify in the
judgment and sentence the victim or victims entitled to restitution and what amount is due each victim. The state or victim may enforce the court-ordered restitution in the same
manner as a judgment in a civil action. Restitution collected
through civil enforcement must be paid through the registry
of the court and must be distributed proportionately according to each victim’s loss when there is more than one victim.
[2003 c 379 § 16. Prior: 2000 c 226 § 3; 2000 c 28 § 33;
prior: 1997 c 121 § 4; 1997 c 52 § 2; prior: 1995 c 231 § 2;
1995 c 33 § 4; 1994 c 271 § 602; 1989 c 252 § 6; 1987 c 281
§ 4; 1985 c 443 § 10. Formerly RCW 9.94A.142.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
Finding—Intent—Severability—2000 c 226: See notes following
RCW 9.94A.505.
(2010 Ed.)
Sentencing Reform Act of 1981
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.94A.760
9.94A.760 Legal financial obligations. (1) Whenever
a person is convicted in superior court, the court may order
the payment of a legal financial obligation as part of the sentence. The court must on either the judgment and sentence or
on a subsequent order to pay, designate the total amount of a
legal financial obligation and segregate this amount among
the separate assessments made for restitution, costs, fines,
and other assessments required by law. On the same order,
the court is also to set a sum that the offender is required to
pay on a monthly basis towards satisfying the legal financial
obligation. If the court fails to set the offender monthly payment amount, the department shall set the amount if the
department has active supervision of the offender, otherwise
the county clerk shall set the amount. Upon receipt of an
offender’s monthly payment, restitution shall be paid prior to
any payments of other monetary obligations. After restitution is satisfied, the county clerk shall distribute the payment
proportionally among all other fines, costs, and assessments
imposed, unless otherwise ordered by the court.
(2) If the court determines that the offender, at the time
of sentencing, has the means to pay for the cost of incarceration, the court may require the offender to pay for the cost of
incarceration at a rate of fifty dollars per day of incarceration,
if incarcerated in a prison, or the court may require the
offender to pay the actual cost of incarceration per day of
incarceration, if incarcerated in a county jail. In no case may
the court require the offender to pay more than one hundred
dollars per day for the cost of incarceration. Payment of other
court-ordered financial obligations, including all legal financial obligations and costs of supervision shall take precedence over the payment of the cost of incarceration ordered
by the court. All funds recovered from offenders for the cost
of incarceration in the county jail shall be remitted to the
county and the costs of incarceration in a prison shall be
remitted to the department.
(3) The court may add to the judgment and sentence or
subsequent order to pay a statement that a notice of payroll
deduction is to be issued immediately. If the court chooses
not to order the immediate issuance of a notice of payroll
deduction at sentencing, the court shall add to the judgment
and sentence or subsequent order to pay a statement that a
notice of payroll deduction may be issued or other incomewithholding action may be taken, without further notice to
the offender if a monthly court-ordered legal financial obligation payment is not paid when due, and an amount equal to or
greater than the amount payable for one month is owed.
If a judgment and sentence or subsequent order to pay
does not include the statement that a notice of payroll deduction may be issued or other income-withholding action may
be taken if a monthly legal financial obligation payment is
past due, the department or the county clerk may serve a
notice on the offender stating such requirements and authori(2010 Ed.)
9.94A.760
zations. Service shall be by personal service or any form of
mail requiring a return receipt.
(4) Independent of the department or the county clerk,
the party or entity to whom the legal financial obligation is
owed shall have the authority to use any other remedies available to the party or entity to collect the legal financial obligation. These remedies include enforcement in the same manner as a judgment in a civil action by the party or entity to
whom the legal financial obligation is owed. Restitution collected through civil enforcement must be paid through the
registry of the court and must be distributed proportionately
according to each victim’s loss when there is more than one
victim. The judgment and sentence shall identify the party or
entity to whom restitution is owed so that the state, party, or
entity may enforce the judgment. If restitution is ordered
pursuant to RCW 9.94A.750(6) or 9.94A.753(6) to a victim
of rape of a child or a victim’s child born from the rape, the
Washington state child support registry shall be identified as
the party to whom payments must be made. Restitution obligations arising from the rape of a child in the first, second, or
third degree that result in the pregnancy of the victim may be
enforced for the time periods provided under RCW
9.94A.750(6) and 9.94A.753(6). All other legal financial
obligations for an offense committed prior to July 1, 2000,
may be enforced at any time during the ten-year period following the offender’s release from total confinement or
within ten years of entry of the judgment and sentence,
whichever period ends later. Prior to the expiration of the initial ten-year period, the superior court may extend the criminal judgment an additional ten years for payment of legal
financial obligations including crime victims’ assessments.
All other legal financial obligations for an offense committed
on or after July 1, 2000, may be enforced at any time the
offender remains under the court’s jurisdiction. For an
offense committed on or after July 1, 2000, the court shall
retain jurisdiction over the offender, for purposes of the
offender’s compliance with payment of the legal financial
obligations, until the obligation is completely satisfied,
regardless of the statutory maximum for the crime. The
department may only supervise the offender’s compliance
with payment of the legal financial obligations during any
period in which the department is authorized to supervise the
offender in the community under RCW 9.94A.728,
9.94A.501, or in which the offender is confined in a state correctional institution or a correctional facility pursuant to a
transfer agreement with the department, and the department
shall supervise the offender’s compliance during any such
period. The department is not responsible for supervision of
the offender during any subsequent period of time the
offender remains under the court’s jurisdiction. The county
clerk is authorized to collect unpaid legal financial obligations at any time the offender remains under the jurisdiction
of the court for purposes of his or her legal financial obligations.
(5) In order to assist the court in setting a monthly sum
that the offender must pay during the period of supervision,
the offender is required to report to the department for purposes of preparing a recommendation to the court. When
reporting, the offender is required, under oath, to respond
truthfully and honestly to all questions concerning present,
past, and future earning capabilities and the location and
[Title 9 RCW—page 169]
9.94A.760
Title 9 RCW: Crimes and Punishments
nature of all property or financial assets. The offender is further required to bring all documents requested by the department.
(6) After completing the investigation, the department
shall make a report to the court on the amount of the monthly
payment that the offender should be required to make
towards a satisfied legal financial obligation.
(7)(a) During the period of supervision, the department
may make a recommendation to the court that the offender’s
monthly payment schedule be modified so as to reflect a
change in financial circumstances. If the department sets the
monthly payment amount, the department may modify the
monthly payment amount without the matter being returned
to the court. During the period of supervision, the department
may require the offender to report to the department for the
purposes of reviewing the appropriateness of the collection
schedule for the legal financial obligation. During this
reporting, the offender is required under oath to respond
truthfully and honestly to all questions concerning earning
capabilities and the location and nature of all property or
financial assets. The offender shall bring all documents
requested by the department in order to prepare the collection
schedule.
(b) Subsequent to any period of supervision, or if the
department is not authorized to supervise the offender in the
community, the county clerk may make a recommendation to
the court that the offender’s monthly payment schedule be
modified so as to reflect a change in financial circumstances.
If the county clerk sets the monthly payment amount, or if the
department set the monthly payment amount and the department has subsequently turned the collection of the legal
financial obligation over to the county clerk, the clerk may
modify the monthly payment amount without the matter
being returned to the court. During the period of repayment,
the county clerk may require the offender to report to the
clerk for the purpose of reviewing the appropriateness of the
collection schedule for the legal financial obligation. During
this reporting, the offender is required under oath to respond
truthfully and honestly to all questions concerning earning
capabilities and the location and nature of all property or
financial assets. The offender shall bring all documents
requested by the county clerk in order to prepare the collection schedule.
(8) After the judgment and sentence or payment order is
entered, the department is authorized, for any period of supervision, to collect the legal financial obligation from the
offender. Subsequent to any period of supervision or, if the
department is not authorized to supervise the offender in the
community, the county clerk is authorized to collect unpaid
legal financial obligations from the offender. Any amount
collected by the department shall be remitted daily to the
county clerk for the purpose of disbursements. The department and the county clerks are authorized, but not required,
to accept credit cards as payment for a legal financial obligation, and any costs incurred related to accepting credit card
payments shall be the responsibility of the offender.
(9) The department or any obligee of the legal financial
obligation may seek a mandatory wage assignment for the
purposes of obtaining satisfaction for the legal financial obligation pursuant to RCW 9.94A.7701. Any party obtaining a
wage assignment shall notify the county clerk. The county
[Title 9 RCW—page 170]
clerks shall notify the department, or the administrative office
of the courts, whichever is providing the monthly billing for
the offender.
(10) The requirement that the offender pay a monthly
sum towards a legal financial obligation constitutes a condition or requirement of a sentence and the offender is subject
to the penalties for noncompliance as provided in RCW
9.94B.040, 9.94A.737, or 9.94A.740.
(11)(a) Until January 1, 2004, the department shall mail
individualized monthly billings to the address known by the
department for each offender with an unsatisfied legal financial obligation.
(b) Beginning January 1, 2004, the administrative office
of the courts shall mail individualized monthly billings to the
address known by the office for each offender with an unsatisfied legal financial obligation.
(c) The billing shall direct payments, other than outstanding cost of supervision assessments under RCW
9.94A.780, parole assessments under RCW 72.04A.120, and
cost of probation assessments under RCW 9.95.214, to the
county clerk, and cost of supervision, parole, or probation
assessments to the department.
(d) The county clerk shall provide the administrative
office of the courts with notice of payments by such offenders
no less frequently than weekly.
(e) The county clerks, the administrative office of the
courts, and the department shall maintain agreements to
implement this subsection.
(12) The department shall arrange for the collection of
unpaid legal financial obligations during any period of supervision in the community through the county clerk. The
department shall either collect unpaid legal financial obligations or arrange for collections through another entity if the
clerk does not assume responsibility or is unable to continue
to assume responsibility for collection pursuant to subsection
(4) of this section. The costs for collection services shall be
paid by the offender.
(13) The county clerk may access the records of the
employment security department for the purposes of verifying employment or income, seeking any assignment of
wages, or performing other duties necessary to the collection
of an offender’s legal financial obligations.
(14) Nothing in this chapter makes the department, the
state, the counties, or any state or county employees, agents,
or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations or for the acts of any offender who is no longer, or was
not, subject to supervision by the department for a term of
community custody, and who remains under the jurisdiction
of the court for payment of legal financial obligations. [2008
c 231 § 35; 2005 c 263 § 1; 2004 c 121 § 3; 2003 c 379 § 14;
2001 c 10 § 3. Prior: 2000 c 226 § 4; 2000 c 28 § 31; 1999 c
196 § 6; prior: 1997 c 121 § 5; 1997 c 52 § 3; 1995 c 231 §
3; 1991 c 93 § 2; 1989 c 252 § 3. Formerly RCW 9.94A.145.]
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Intent—Purpose—2003 c 379 §§ 13-27: "The legislature intends to
revise and improve the processes for billing and collecting legal financial
obligations. The purpose of sections 13 through 27, chapter 379, Laws of
2003 is to respond to suggestions and requests made by county government
(2010 Ed.)
Sentencing Reform Act of 1981
officials, and in particular county clerks, to assume the collection of such
obligations in cooperation and coordination with the department of corrections and the administrative office for [of] the courts. The legislature undertakes this effort following a collaboration between local officials, the department of corrections, and the administrative office for [of] the courts. The
intent of sections 13 through 27, chapter 379, Laws of 2003 is to promote an
increased and more efficient collection of legal financial obligations and, as
a result, improve the likelihood that the affected agencies will increase the
collections which will provide additional benefits to all parties and, in particular, crime victims whose restitution is dependent upon the collections."
[2003 c 379 § 13.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Effective date—2001 c 10: See notes following RCW
9.94A.505.
Finding—Intent—Severability—2000 c 226: See notes following
RCW 9.94A.505.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.94A.7601 "Earnings," "disposable earnings," and
"obligee" defined. As used in this chapter, the term "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission,
hours, or otherwise, and notwithstanding any other provision
of law making such payments exempt from garnishment,
attachment, or other process to satisfy court-ordered legal
financial obligations, specifically includes periodic payments
pursuant to pension or retirement programs, or insurance policies of any type. Earnings shall specifically include all gain
derived from capital, from labor, or from both, not including
profit gained through sale or conversion of capital assets. The
term "disposable earnings" means that part of the earnings of
any individual remaining after the deduction from those earnings of any amount required by law to be withheld. The term
"obligee" means the department, party, or entity to whom the
legal financial obligation is owed, or the department, party, or
entity to whom the right to receive or collect support has been
assigned. [1991 c 93 § 1. Formerly RCW 9.94A.200005.]
9.94A.7601
Additional notes found at www.leg.wa.gov
9.94A.7602 Legal financial obligation—Notice of
payroll deduction—Issuance and content. (1) The department may issue a notice of payroll deduction in a criminal
action if:
(a) The court at sentencing orders its immediate issuance; or
(b) The offender is more than thirty days past due in
monthly payments in an amount equal to or greater than the
amount payable for one month, provided:
(i) The judgment and sentence or subsequent order to
pay contains a statement that a notice of payroll deduction
may be issued without further notice to the offender; or
(ii) The department has served a notice on the offender
stating such requirements and authorization. Service of such
notice shall be made by personal service or any form of mail
requiring a return receipt.
(2) The notice of payroll deduction is to be in writing and
include:
9.94A.7602
(2010 Ed.)
9.94A.7604
(a) The name, social security number, and identifying
court case number of the offender/employee;
(b) The amount to be deducted from the
offender/employee’s disposable earnings each month, or
alternative amounts and frequencies as may be necessary to
facilitate processing of the payroll deduction by the
employer;
(c) A statement that the total amount withheld on all payroll deduction notices for payment of court-ordered legal
financial obligations combined shall not exceed twenty-five
percent of the offender/employee’s disposable earnings; and
(d) The address to which the payments are to be mailed
or delivered.
(3) An informational copy of the notice of payroll deduction shall be mailed to the offender’s last known address by
regular mail or shall be personally served.
(4) Neither the department nor any agents of the department shall be held liable for actions taken under RCW
9.94A.760 and 9.94A.7601 through 9.94A.761. [1991 c 93 §
3. Formerly RCW 9.94A.200010.]
Additional notes found at www.leg.wa.gov
9.94A.7603 Legal financial obligations—Payroll
deductions—Maximum amounts withheld, apportionment. (1) The total amount to be withheld from the
offender/employee’s earnings each month, or from each
earnings disbursement, shall not exceed twenty-five percent
of the disposable earnings of the offender.
(2) If the offender is subject to two or more notices of
payroll deduction for payment of a court-ordered legal financial obligation from different obligees, the employer or entity
shall, if the nonexempt portion of the offender’s earnings is
not sufficient to respond fully to all notices of payroll deduction, apportion the offender’s nonexempt disposable earnings
between or among the various obligees equally. [1991 c 93 §
4. Formerly RCW 9.94A.200015.]
9.94A.7603
Additional notes found at www.leg.wa.gov
9.94A.7604 Legal financial obligations—Notice of
payroll deduction—Employer or entity rights and
responsibilities. (1) An employer or entity upon whom a
notice of payroll deduction is served, shall make an answer to
the department within twenty days after the date of service.
The answer shall confirm compliance and institution of the
payroll deduction or explain the circumstances if no payroll
deduction is in effect. The answer shall also state whether the
offender is employed by or receives earnings from the
employer or entity, whether the employer or entity anticipates
paying earnings, and the amount of earnings. If the offender
is no longer employed, or receiving earnings from the
employer or entity, the answer shall state the present
employer or entity’s name and address, if known.
(2) Service of a notice of payroll deduction upon an
employer or entity requires an employer or entity to immediately make a mandatory payroll deduction from the
offender/employee’s unpaid disposable earnings. The
employer or entity shall thereafter at each pay period deduct
the amount stated in the notice divided by the number of pay
periods per month. The employer or entity must remit the
9.94A.7604
[Title 9 RCW—page 171]
9.94A.7605
Title 9 RCW: Crimes and Punishments
proper amounts to the appropriate clerk of the court on each
date the offender/employee is due to be paid.
(3) The employer or entity may combine amounts withheld from the earnings of more than one employee in a single
payment to the clerk of the court, listing separately the
amount of the payment that is attributable to each individual
employee.
(4) The employer or entity may deduct a processing fee
from the remainder of the employee’s earnings after withholding under the notice of payroll deduction, even if the
remainder is exempt under RCW 9.94A.761. The processing
fee may not exceed:
(a) Ten dollars for the first disbursement made by the
employer to the clerk of the court; and
(b) One dollar for each subsequent disbursement made
under the notice of payroll deduction.
(5) The notice of payroll deduction shall remain in effect
until released by the department or the court enters an order
terminating the notice.
(6) An employer shall be liable to the obligee for the
amount of court-ordered legal financial obligation moneys
that should have been withheld from the offender/employee’s
earnings, if the employer:
(a) Fails or refuses, after being served with a notice of
payroll deduction, to deduct and promptly remit from unpaid
earnings the amounts of money required in the notice; or
(b) Fails or refuses to submit an answer to the notice of
payroll deduction after being served. In such cases, liability
may be established in superior court. Awards in superior
court shall include costs, interest under RCW 19.52.020 and
4.56.110, reasonable attorney fees, and staff costs as part of
the award.
(7) No employer who complies with a notice of payroll
deduction under this chapter may be liable to the employee
for wrongful withholding.
(8) No employer may discipline or discharge an
employee or refuse to hire a person by reason of an action
authorized in this chapter. If an employer disciplines or discharges an employee or refuses to hire a person in violation
of this section, the employee or person shall have a cause of
action against the employer. The employer shall be liable for
double the amount of lost wages and any other damages suffered as a result of the violation and for costs and reasonable
attorney fees, and shall be subject to a civil penalty of not
more than two thousand five hundred dollars for each violation. The employer may also be ordered to hire, rehire, or
reinstate the aggrieved individual. [1991 c 93 § 5. Formerly
RCW 9.94A.200020.]
Additional notes found at www.leg.wa.gov
9.94A.7605 Motion to quash, modify, or terminate
payroll deduction—Grounds for relief. (1) The offender
subject to a payroll deduction under this chapter, may file a
motion in superior court to quash, modify, or terminate the
payroll deduction. The court may grant relief if:
(a) It is demonstrated that the payroll deduction causes
extreme hardship or substantial injustice; or
(b) In cases where the court did not immediately order
the issuance of a notice of payroll deduction at sentencing,
that a court-ordered legal financial obligation payment was
9.94A.7605
[Title 9 RCW—page 172]
not more than thirty days past due in an amount equal to or
greater than the amount payable for one month.
(2) Satisfactions by the offender of all past-due payments
subsequent to the issuance of the notice of payroll deduction
is not grounds to quash, modify, or terminate the notice of
payroll deduction. If a notice of payroll deduction has been in
operation for twelve consecutive months and the offender’s
payment towards a court-ordered legal financial obligation is
current, upon motion of the offender, the court may order the
department to terminate the payroll deduction, unless the
department can show good cause as to why the notice of payroll deduction should remain in effect. [1991 c 93 § 6. Formerly RCW 9.94A.200025.]
Additional notes found at www.leg.wa.gov
9.94A.7606
9.94A.7606 Legal financial obligations—Order to
withhold and deliver—Issuance and contents. (1) The
department may issue to any person or entity an order to
withhold and deliver property of any kind, including but not
restricted to, earnings that are due, owing, or belonging to the
offender, if the department has reason to believe that there is
in the possession of such person or entity, property that is
due, owing, or belonging to the offender. Such order to withhold and deliver may be issued when a court-ordered legal
financial obligation payment is past due:
(a) If an offender’s judgment and sentence or a subsequent order to pay includes a statement that other incomewithholding action under this chapter may be taken without
further notice to the offender.
(b) If a judgment and sentence or a subsequent order to
pay does not include the statement that other income-withholding action under this chapter may be taken without further notice to the offender but the department has served a
notice on the offender stating such requirements and authorizations. The service shall have been made by personal service
or any form of mail requiring a return receipt.
(2) The order to withhold and deliver shall:
(a) Include the amount of the court-ordered legal financial obligation;
(b) Contain a summary of moneys that may be exempt
from the order to withhold and deliver and a summary of the
civil liability upon failure to comply with the order; and
(c) Be served by personal service or by any form of mail
requiring a return receipt.
(3) The department shall also, on or before the date of
service of the order to withhold and deliver, mail or cause to
be mailed by any form of mail requiring a return receipt, a
copy of the order to withhold and deliver to the offender at
the offender’s last known post office address, or, in the alternative, a copy of the order shall be personally served on the
offender on or before the date of service of the order or within
two days thereafter. The copy of the order shall be mailed or
served together with an explanation of the right to petition for
judicial review. If the copy is not mailed or served as this section provides, or if any irregularity appears with respect to the
mailing or service, the superior court, in its discretion on
motion of the offender promptly made and supported by affidavit showing that the offender has suffered substantial
injury due to the failure to mail the copy, may set aside the
(2010 Ed.)
Sentencing Reform Act of 1981
order to withhold and deliver. [1991 c 93 § 7. Formerly RCW
9.94A.200030.]
Additional notes found at www.leg.wa.gov
9.94A.7607 Legal financial obligations—Order to
withhold and deliver—Duties and rights of person or
entity served. (1) A person or entity upon whom service has
been made is hereby required to:
(a) Answer the order to withhold and deliver within
twenty days, exclusive of the day of service, under oath and
in writing, and shall make true answers to the matters
inquired of in the order; and
(b) Provide further and additional answers when
requested by the department.
(2) Any person or entity in possession of any property
that may be subject to the order to withhold and deliver shall:
(a)(i) Immediately withhold such property upon receipt
of the order to withhold and deliver;
(ii) Deliver the property to the appropriate clerk of the
court as soon as the twenty-day answer period expires;
(iii) Continue to withhold earnings payable to the
offender at each succeeding disbursement interval and
deliver amounts withheld from earnings to the appropriate
clerk of the court within ten days of the date earnings are payable to the offender;
(iv) Inform the department of the date the amounts were
withheld as requested under this section; or
(b) Furnish the appropriate clerk of the court a good and
sufficient bond, satisfactory to the clerk, conditioned upon
final determination of liability.
(3) Where money is due and owing under any contract of
employment, expressed or implied, or is held by any person
or entity subject to withdrawal by the offender, the money
shall be delivered by remittance payable to the order of the
appropriate clerk of the court.
(4) Delivery to the appropriate clerk of the court of the
money or other property held or claimed shall satisfy the
requirement and serve as full acquittance of the order to withhold and deliver.
(5) The person or entity required to withhold and deliver
the earnings of a debtor under this action may deduct a processing fee from the remainder of the offender’s earnings,
even if the remainder would otherwise be exempt under
RCW 9.94A.761. The processing fee may not exceed:
(a) Ten dollars for the first disbursement to the appropriate clerk of the court; and
(b) One dollar for each subsequent disbursement.
(6) A person or entity shall be liable to the obligee in an
amount equal to one hundred percent of the value of the
court-ordered legal financial obligation that is the basis of the
order to withhold and deliver, or the amount that should have
been withheld, whichever amount is less, together with costs,
interest, and reasonable attorneys’ fees if that person or entity
fails or refuses to deliver property under the order.
The department is authorized to issue a notice of debt
pursuant to and to take appropriate action to collect the debt
under this chapter if a judgment has been entered as the result
of an action by the court against a person or entity based on a
violation of this section.
9.94A.7607
(2010 Ed.)
9.94A.7609
(7) Persons or entities delivering money or property to
the appropriate clerk of the court under this chapter shall not
be held liable for wrongful delivery.
(8) Persons or entities withholding money or property
under this chapter shall not be held liable for wrongful withholding. [1991 c 93 § 8. Formerly RCW 9.94A.200035.]
Additional notes found at www.leg.wa.gov
9.94A.7608 Legal financial obligations—Financial
institutions—Service on main office or branch, effect—
Collection actions against community bank account,
court hearing. An order to withhold and deliver or any other
income-withholding action authorized by this chapter may be
served on the main office of a bank, savings and loan association, or credit union or on a branch office of the financial
institution. Service on the main office shall be effective to
attach the deposits of an offender in the financial institution
and compensation payable for personal services due the
offender from the financial institution. Service on a branch
office shall be effective to attach the deposits, accounts, credits, or other personal property of the offender, excluding
compensation payable for personal services, in the possession or control of the particular branch served.
Notwithstanding any other provision of RCW 9.94A.760
and 9.94A.7601 through 9.94A.761, if the department initiates collection action against a joint bank account, with or
without the right of survivorship, or any other funds which
are subject to the community property laws of this state,
notice shall be given to all affected parties that the account or
funds are subject to potential withholding. Such notice shall
be by first-class mail, return receipt required, or by personal
service and be given at least twenty calendar days before
withholding is made. Upon receipt of such notice, the nonobligated person shall have ten calendar days to file a petition
with the department contesting the withholding of his or her
interest in the account or funds. The department shall provide
notice of the right of the filing of the petition with the notice
provided in this paragraph. If the petition is not filed within
the period provided for herein, the department is authorized
to proceed with the collection action. [1991 c 93 § 9. Formerly RCW 9.94A.200040.]
9.94A.7608
Additional notes found at www.leg.wa.gov
9.94A.7609 Legal financial obligations—Notice of
debt—Service or mailing—Contents—Action on, when.
(1) The department may issue a notice of debt in order to
enforce and collect a court-ordered legal financial obligation
debt through either a notice of payroll deduction or an order
to withhold and deliver.
(2) The notice of debt may be personally served upon the
offender or be mailed to the offender at his or her last known
address by any form of mail requiring a return receipt,
demanding payment within twenty days of the date of receipt.
(3) The notice of debt shall include:
(a) A statement of the total court-ordered legal financial
obligation and the amount to be paid each month.
(b) A statement that earnings are subject to a notice of
payroll deduction.
(c) A statement that earnings or property, or both, are
subject to an order to withhold and deliver.
9.94A.7609
[Title 9 RCW—page 173]
9.94A.761
Title 9 RCW: Crimes and Punishments
(d) A statement that the net proceeds will be applied to
the satisfaction of the court-ordered legal financial obligation.
(4) Action to collect a court-ordered legal financial obligation by notice of payroll deduction or an order to withhold
and deliver shall be lawful after twenty days from the date of
service upon the offender or twenty days from the receipt or
refusal by the offender of the notice of debt.
(5) The notice of debt will take effect only if the
offender’s monthly court-ordered legal financial obligation
payment is not paid when due, and an amount equal to or
greater than the amount payable for one month is owned.
(6) The department shall not be required to issue or serve
the notice of debt in order to enforce and collect a courtordered legal financial obligation debt through either a notice
of payroll deduction or an order to withhold and deliver if
either the offender’s judgment and sentence or a subsequent
order to pay includes a statement that income-withholding
action under this chapter may be taken without further notice
to the o ffender. [199 1 c 93 § 1 0. Form erly RCW
9.94A.200045.]
Additional notes found at www.leg.wa.gov
9.94A.761 Legal financial obligations—Exemption
from notice of payroll deduction or order to withhold and
deliver. Whenever a notice of payroll deduction or order to
withhold and deliver is served upon a person or entity asserting a court-ordered legal financial obligation debt against
earnings and there is in the possession of the person or entity
any of the earnings, RCW 6.27.150 shall not apply, but seventy-five percent of the disposable earnings shall be exempt
and may be disbursed to the offender whether such earnings
are paid, or to be paid weekly, monthly, or at other intervals
and whether there is due the offender earnings for one week
or for a longer period. The notice of payroll deduction or
order to withhold and deliver shall continue to operate and
require said person or entity to withhold the nonexempt portion of earnings, at each succeeding earnings disbursement
interval until the entire amount of the court-ordered legal
financial obligation debt has been withheld. [1991 c 93 § 11.
Formerly RCW 9.94A.200050.]
9.94A.761
Additional notes found at www.leg.wa.gov
9.94A.7701 Legal financial obligations—Wage
assignments—Petition or motion. A petition or motion
seeking a mandatory wage assignment in a criminal action
may be filed by the department or any obligee if the offender
is more than thirty days past due in monthly payments in an
amount equal to or greater than the amount payable for one
month. The petition or motion shall include a sworn statement by the secretary or designee, or if filed solely by an obligee, by such obligee, stating the facts authorizing the issuance of the wage assignment order, including: (1) That the
offender, stating his or her name and last known residence, is
more than thirty days past due in payments in an amount
equal to or greater than the amount payable for one month;
(2) a description of the terms of the judgment and sentence
and/or payment order requiring payment of a court-ordered
legal financial obligation, the total amount remaining unpaid,
and the amount past due; (3) the name and address of the
9.94A.7701
[Title 9 RCW—page 174]
offender’s employer; (4) that notice by personal service, or
any form of mail requiring a return receipt, has been provided
to the offender at least fifteen days prior to the filing of a
mandatory wage assignment, unless the judgment and sentence or the order for payment states that the department or
obligee may seek a mandatory wage assignment without
notice to the defendant. A copy of the judgment and sentence
or payment order shall be attached to the petition or motion
seeking the wage assignment. [1989 c 252 § 9. Formerly
RCW 9.94A.2001.]
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
9.94A.7702
9.94A.7702 Legal financial obligations—Wage
assignments—Answer. Upon receipt of a petition or motion
seeking a mandatory wage assignment that complies with
RCW 9.94A.7701, the court shall issue a wage assignment
order as provided in RCW 9.94A.7704 and including the
information required in RCW 9.94A.7701, directed to the
employer, and commanding the employer to answer the order
on the forms served with the order that comply with RCW
9.94A.7706 within twenty days after service of the order
upon the employer. [1989 c 252 § 10. Formerly RCW
9.94A.2002.]
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
9.94A.7703
9.94A.7703 Legal financial obligations—Wage
assignments—Amounts to be withheld. (1) The wage
assignment order in RCW 9.94A.7702 shall include: (a) The
maximum amount or current amount owed on a courtordered legal financial obligation, if any, to be withheld from
the defendant’s earnings each month, or from each earnings
disbursement; and (b) the total amount of the arrearage or
reimbursement judgment previously entered by the court, if
any, together with interest, if any.
(2) The total amount to be withheld from the defendant’s
earnings each month, or from each earnings disbursement,
shall not exceed twenty-five percent of the disposable earnings of the defendant. If the amounts to be paid toward the
arrearage are specified in the payment order, then the maximum amount to be withheld is the sum of the current amount
owed and the amount ordered to be paid toward the arrearage,
or twenty-five percent of the disposable earnings of the
defendant, whichever is less.
(3) If the defendant is subject to two or more attachments
for payment of a court-ordered legal financial obligation on
account of different obligees, the employer shall, if the nonexempt portion of the defendant’s earnings is not sufficient to
respond fully to all the attachments, apportion the defendant’s nonexempt disposable earnings between or among the
various obligees equally. Any obligee may seek a court order
reapportioning the defendant’s nonexempt disposable earnings upon notice to all interested parties. Notice shall be by
personal service, or in the manner provided by the civil rules
of superior court or applicable statute. [1989 c 252 § 11. Formerly RCW 9.94A.2003.]
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
(2010 Ed.)
Sentencing Reform Act of 1981
9.94A.7704 Legal financial obligations—Wage
assignments—Rules. The department shall develop a form
and adopt rules for the wage assignment order. [1989 c 252
§ 12. Formerly RCW 9.94A.2004.]
9.94A.7704
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
9.94A.7709
develop a form and adopt rules for the wage assignment
answer, and instructions for employers for preparing such
answer. [1989 c 252 § 14. Formerly RCW 9.94A.2006.]
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
9.94A.7707 Legal financial obligations—Wage
assignments—Service. (1) Service of the wage assignment
order on the employer is invalid unless it is served with five
answer forms in substantial conformance with RCW
9.94A.7706, together with stamped envelopes addressed to,
respectively, the clerk of the court where the order was
issued, the obligee’s attorney, the petitioner, the department,
and the obligor. The petitioner shall also include an extra
copy of the wage assignment order for the employer to
deliver to the obligor. Service on the employer shall be in person or by any form of mail requiring a return receipt.
(2) On or before the date of service of the wage assignment order on the employer, the petitioner shall mail or cause
to be mailed by certified mail a copy of the wage assignment
order to the obligor at the obligor’s last known post office
address; or, in the alternative, a copy of the wage assignment
order shall be served on the obligor in the same manner as a
summons in a civil action on, before, or within two days after
the date of service of the order on the employer. This requirement is not jurisdictional, but if the copy is not mailed or
served as this subsection provides, or if any irregularity
appears with respect to the mailing of service, the superior
court, in its discretion, may quash the wage assignment order,
upon motion of the obligor promptly made and supported by
an affidavit showing that the defendant has suffered substantial injury due to the failure to mail or serve the copy. [1989
c 252 § 15. Formerly RCW 9.94A.2007.]
9.94A.7707
9.94A.7705 Legal financial obligations—Wage
assignments—Employer responsibilities. (1) An employer
upon whom service of a wage assignment order has been
made shall answer the order by sworn affidavit within twenty
days after the date of service. The answer shall state whether
the offender is employed by or receives earnings from the
employer, whether the employer will honor the wage assignment order, and whether there are multiple attachments
against the offender.
(2) If the employer possesses any earnings due and
owing to the offender, the earnings subject to the wage
assignment order shall be withheld immediately upon receipt
of the wage assignment order. The employer shall deliver the
withheld earnings to the clerk of the court pursuant to the
wage assignment order. The employer shall make the first
delivery no sooner than twenty days after receipt of the wage
assignment order.
(3) The employer shall continue to withhold the ordered
amounts from nonexempt earnings of the offender until notified that the wage assignment has been modified or terminated. The employer shall promptly notify the clerk of the
court who entered the order when the employee is no longer
employed.
(4) The employer may deduct a processing fee from the
remainder of the employee’s earnings after withholding
under the wage assignment order, even if the remainder is
exempt under RCW 9.94A.7703. The processing fee may not
exceed: (a) Ten dollars for the first disbursement made by
the employer to the clerk of the court; and (b) one dollar for
each subsequent disbursement made under the wage assignment order.
(5) An employer who fails to withhold earnings as
required by a wage assignment order issued under this chapter may be held liable for the amounts disbursed to the
offender in violation of the wage assignment order, and may
be found by the court to be in contempt of court and may be
punished as provided by law.
(6) No employer who complies with a wage assignment
order issued under this chapter may be liable to the employee
for wrongful withholding.
(7) No employer may discharge, discipline, or refuse to
hire an employee because of the entry or service of a wage
assignment order issued and executed under this chapter. A
person who violates this subsection may be found by the
court to be in contempt of court and may be punished as provided by law.
(8) An employer shall deliver a copy of the wage assignment order to the obligor as soon as is reasonably possible.
[1989 c 252 § 13. Formerly RCW 9.94A.2005.]
9.94A.7705
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
9.94A.7706 Legal financial obligations—Wage
assignments—Form and rules. The department shall
9.94A.7706
(2010 Ed.)
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
9.94A.7708 Legal financial obligations—Wage
assignments—Hearing—Scope of relief. In a hearing to
quash, modify, or terminate the wage assignment order, the
court may grant relief only upon a showing that the wage
assignment order causes extreme hardship or substantial
injustice. Satisfactions by the defendant of all past-due payments subsequent to the issuance of the wage assignment
order is not grounds to quash, modify, or terminate the wage
assignment order. If a wage assignment order has been in
operation for twelve consecutive months and the obligor’s
payment towards a court-ordered legal financial obligation is
current, the court may terminate the order upon motion of the
obligor unless the obligee or the department can show good
cause as to why the wage assignment order should remain in
effect. The department shall notify the employer of any modification or termination of the wage assignment order. [1989
c 252 § 16. Formerly RCW 9.94A.2008.]
9.94A.7708
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
9.94A.7709 Legal financial obligations—Wage
assignments—Recovery of costs, attorneys’ fees. In any
action to enforce legal financial obligations under this chapter, the prevailing party is entitled to a recovery of costs,
including an award for reasonable attorneys’ fees. An obligor
9.94A.7709
[Title 9 RCW—page 175]
9.94A.772
Title 9 RCW: Crimes and Punishments
may not be considered a prevailing party under this section
unless the obligee has acted in bad faith in connection with
the proceeding in question. [1989 c 252 § 17. Formerly RCW
9.94A.2009.]
dant’s enrollment in a public assistance program, a record of
involuntary hospitalization, or by competent expert evaluation. [2010 c 280 § 6.]
SEX OFFENDER TREATMENT
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
9.94A.780 Offender supervision assessments. (1)
Whenever a punishment imposed under this chapter requires
supervision services to be provided, the offender shall pay to
the department of corrections the monthly assessment, prescribed under subsection (2) of this section, which shall be
for the duration of the terms of supervision and which shall
be considered as payment or part payment of the cost of providing supervision to the offender. The department may
exempt or defer a person from the payment of all or any part
of the assessment based upon any of the following factors:
(a) The offender has diligently attempted but has been
unable to obtain employment that provides the offender sufficient income to make such payments.
(b) The offender is a student in a school, college, university, or a course of vocational or technical training designed
to fit the student for gainful employment.
(c) The offender has an employment handicap, as determined by an examination acceptable to or ordered by the
department.
(d) The offender’s age prevents him or her from obtaining employment.
(e) The offender is responsible for the support of dependents and the payment of the assessment constitutes an undue
hardship on the offender.
(f) Other extenuating circumstances as determined by
the department.
(2) The department of corrections shall adopt a rule prescribing the amount of the assessment. The department may,
if it finds it appropriate, prescribe a schedule of assessments
that shall vary in accordance with the intensity or cost of the
supervision. The department may not prescribe any assessment that is less than ten dollars nor more than fifty dollars.
(3) All amounts required to be paid under this section
shall be collected by the department of corrections and
deposited by the department in the dedicated fund established
pursuant to RCW 72.11.040.
(4) This section shall not apply to probation services provided under an interstate compact pursuant to chapter 9.95
RCW or to probation services provided for persons placed on
probation prior to June 10, 1982.
(5) If a county clerk assumes responsibility for collection
of unpaid legal financial obligations under RCW 9.94A.760,
or under any agreement with the department under that section, whether before or after the completion of any period of
community custody, the clerk may impose a monthly or
annual assessment for the cost of collections. The amount of
the assessment shall not exceed the actual cost of collections.
The county clerk may exempt or defer payment of all or part
of the assessment based upon any of the factors listed in subsection (1) of this section. The offender shall pay the assessment under this subsection to the county clerk who shall
apply it to the cost of collecting legal financial obligations
under RCW 9.94A.760. [2008 c 231 § 37; 2003 c 379 § 18;
1991 c 104 § 1; 1989 c 252 § 8; 1984 c 209 § 15; 1982 c 207
§ 2. Formerly RCW 9.94A.270.]
9.94A.780
9.94A.772 Legal financial obligations—Monthly
payment, starting dates—Construction. Notwithstanding
any other provision of state law, monthly payment or starting
dates set by the court, the county clerk, or the department
before or after October 1, 2003, shall not be construed as a
limitation on the due date or amount of legal financial obligations, which may be immediately collected by civil means
and shall not be construed as a limitation for purposes of
credit reporting. Monthly payments and commencement
dates are to be construed to be applicable solely as a limitation upon the deprivation of an offender’s liberty for nonpayment. [2004 c 121 § 4; 2003 c 379 § 22.]
9.94A.772
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
9.94A.775 Legal financial obligations—Termination
of supervision—Monitoring of payments. If an offender
with an unsatisfied legal financial obligation is not subject to
supervision by the department for a term of community custody, or has not completed payment of all legal financial obligations included in the sentence at the expiration of his or her
term of community custody, the department shall notify the
administrative office of the courts of the termination of the
offender’s supervision and provide information to the administrative office of the courts to enable the county clerk to
monitor payment of the remaining obligations. The county
clerk is authorized to monitor payment after such notification. The secretary of corrections and the administrator for
the courts shall enter into an interagency agreement to facilitate the electronic transfer of information about offenders,
unpaid obligations, and payees to carry out the purposes of
this section. [2008 c 231 § 36; 2003 c 379 § 17.]
9.94A.775
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
9.94A.777 Legal financial obligations—Defendants
with mental health conditions. (1) Before imposing any
legal financial obligations upon a defendant who suffers from
a mental health condition, other than restitution or the victim
penalty assessment under RCW 7.68.035, a judge must first
determine that the defendant, under the terms of this section,
has the means to pay such additional sums.
(2) For the purposes of this section, a defendant suffers
from a mental health condition when the defendant has been
diagnosed with a mental disorder that prevents the defendant
from participating in gainful employment, as evidenced by a
determination of mental disability as the basis for the defen9.94A.777
[Title 9 RCW—page 176]
(2010 Ed.)
Sentencing Reform Act of 1981
9.94A.829
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
SPECIAL ALLEGATIONS
Severability—2008 c 231: See note following RCW 9.94A.500.
9.94A.825 Deadly weapon special verdict—Definition. In a criminal case wherein there has been a special allegation and evidence establishing that the accused or an
accomplice was armed with a deadly weapon at the time of
the commission of the crime, the court shall make a finding of
fact of whether or not the accused or an accomplice was
armed with a deadly weapon at the time of the commission of
the crime, or if a jury trial is had, the jury shall, if it find[s] the
defendant guilty, also find a special verdict as to whether or
not the defendant or an accomplice was armed with a deadly
weapon at the time of the commission of the crime.
For purposes of this section, a deadly weapon is an
implement or instrument which has the capacity to inflict
death and from the manner in which it is used, is likely to produce or may easily and readily produce death. The following
instruments are included in the term deadly weapon: Blackjack, sling shot, billy, sand club, sandbag, metal knuckles,
any dirk, dagger, pistol, revolver, or any other firearm, any
knife having a blade longer than three inches, any razor with
an unguarded blade, any metal pipe or bar used or intended to
be used as a club, any explosive, and any weapon containing
poisonous or injurious gas. [1983 c 163 § 3. Formerly RCW
9.94A.602, 9.94A.125.]
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.94A.810
9.94A.810 Transition and relapse prevention strategies. Within the funds available for this purpose, the department shall develop and monitor transition and relapse prevention strategies, including risk assessment and release
plans, to reduce risk to the community after sex offenders’
terms of confinement in the custody of the department. [2000
c 28 § 35.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94A.820
9.94A.820 Sex offender treatment in the community.
(1) Sex offender examinations and treatment ordered as a
special condition of community custody under this chapter
shall be conducted only by certified sex offender treatment
providers or certified affiliate sex offender treatment providers under chapter 18.155 RCW unless the court or the department finds that: (a) The offender has already moved to
another state or plans to move to another state for reasons
other than circumventing the certification requirements; (b)
the treatment provider is employed by the department; or
(c)(i) no certified sex offender treatment providers or certified affiliate sex offender treatment providers are available to
provide treatment within a reasonable geographic distance of
the offender’s home, as determined in rules adopted by the
secretary; and (ii) the evaluation and treatment plan comply
with the rules adopted by the department of health. A treatment provider selected by an offender under (c) of this subsection, who is not certified by the department of health shall
consult with a certified sex offender treatment provider during the offender’s period of treatment to ensure compliance
with the rules adopted by the department of health. The frequency and content of the consultation shall be based on the
recommendation of the certified sex offender treatment provider.
(2) A sex offender’s failure to participate in treatment
required as a condition of community custody is a violation
that will not be excused on the basis that no treatment provider was located within a reasonable geographic distance of
the offender’s home. [2008 c 231 § 38; 2004 c 38 § 10; 2000
c 28 § 36.]
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Effective date—2004 c 38: See note following RCW 18.155.075.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
(2010 Ed.)
9.94A.825
Additional notes found at www.leg.wa.gov
9.94A.827 Methamphetamine—Manufacturing with
child on premises—Special allegation. In a criminal case
where:
(1) The defendant has been convicted of (a) manufacture
of a controlled substance under RCW 69.50.401 relating to
manufacture of methamphetamine; or (b) possession of ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers,
pressurized ammonia gas, or pressurized ammonia gas solution with intent to manufacture methamphetamine, as defined
in RCW 69.50.440; and
(2) There has been a special allegation pleaded and
proven beyond a reasonable doubt that the defendant committed the crime when a person under the age of eighteen was
present in or upon the premises of manufacture;
the court shall make a finding of fact of the special allegation,
or if a jury trial is had, the jury shall, if it finds the defendant
guilty, also find a special verdict as to the special allegation.
[2003 c 53 § 60; 2002 c 134 § 3; 2000 c 132 § 1. Formerly
RCW 9.94A.605, 9.94A.128.]
9.94A.827
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2002 c 134: See note following RCW 69.50.440.
9.94A.829 Special allegation—Offense committed by
criminal street gang member or associate—Procedures.
In a criminal case in which the defendant has been convicted
of unlawful possession of a firearm under RCW 9.41.040,
and there has been a special allegation pleaded and proven by
a preponderance of the evidence that the accused is a criminal
street gang member or associate as defined in RCW
9.94A.030, the court shall make a finding of fact of the special allegation, or if a jury trial is had, the jury shall, if it finds
9.94A.829
[Title 9 RCW—page 177]
9.94A.831
Title 9 RCW: Crimes and Punishments
the defendant guilty, also find a special verdict as to whether
or not the accused was a criminal street gang member or associate during the commission of the crime. [2009 c 28 § 16.]
Effective date—2009 c 28: See note following RCW 2.24.040.
9.94A.831 Special allegation—Assault of law
enforcement personnel with a firearm—Procedures. In a
criminal case where:
(1) The defendant has been convicted of assaulting a law
enforcement officer or other employee of a law enforcement
agency who was performing his or her official duties at the
time of the assault as provided under RCW 9A.36.031; and
(2) There has been a special allegation pleaded and
proven beyond a reasonable doubt that the defendant intentionally committed the assault with what appears to be a firearm;
the court shall make a finding of fact of the special allegation,
or if a jury trial is had, the jury shall, if it finds the defendant
guilty, also find a special verdict as to the special allegation.
[2009 c 141 § 1.]
9.94A.831
9.94A.833 Special allegation—Involving minor in felony offense—Procedures. (1) In a prosecution of a criminal
street gang-related felony offense, the prosecution may file a
special allegation that the felony offense involved the compensation, threatening, or solicitation of a minor in order to
involve that minor in the commission of the felony offense,
as described under RCW 9.94A.533(10)(a).
(2) The state has the burden of proving a special allegation made under this section beyond a reasonable doubt. If a
jury is had, the jury shall, if it finds the defendant guilty, also
find a special verdict as to whether the criminal street gangrelated felony offense involved the compensation, threatening, or solicitation of a minor in order to involve that minor in
the commission of the felony offense. If no jury is had, the
court shall make a finding of fact as to whether the criminal
street gang-related felony offense involved the compensation, threatening, or solicitation of a minor in order to involve
that minor in the commission of the felony offense. [2008 c
276 § 302.]
9.94A.833
Severability—Part headings, subheadings not law—2008 c 276: See
notes following RCW 36.28A.200.
the time of the commission of the crime, or if a jury trial is
had, the jury shall, if it finds the defendant guilty, also find a
special verdict as to whether or not one or more persons other
than the defendant or the pursuing law enforcement officer
were endangered during the commission of the crime. [2008
c 219 § 2.]
Short title—2008 c 219: "This act may be known and cited as the
Guillermo "Bobby" Aguilar and Edgar F. Trevino-Mendoza public safety act
of 2008." [2008 c 219 § 1.]
9.94A.835 Special allegation—Sexual motivation—
Procedures. (1) The prosecuting attorney shall file a special
allegation of sexual motivation in every criminal case, felony, gross misdemeanor, or misdemeanor, other than sex
offenses as defined in RCW 9.94A.030 when sufficient
admissible evidence exists, which, when considered with the
most plausible, reasonably foreseeable defense that could be
raised under the evidence, would justify a finding of sexual
motivation by a reasonable and objective fact finder.
(2) In a criminal case wherein there has been a special
allegation the state shall prove beyond a reasonable doubt
that the accused committed the crime with a sexual motivation. The court shall make a finding of fact of whether or not
a sexual motivation was present at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it
finds the defendant guilty, also find a special verdict as to
whether or not the defendant committed the crime with a sexual motivation. This finding shall not be applied to sex
offenses as defined in RCW 9.94A.030.
(3) The prosecuting attorney shall not withdraw the special allegation of sexual motivation without approval of the
court through an order of dismissal of the special allegation.
The court shall not dismiss this special allegation unless it
finds that such an order is necessary to correct an error in the
initial charging decision or unless there are evidentiary problems which make proving the special allegation doubtful.
[2009 c 28 § 15; 2006 c 123 § 2; 1999 c 143 § 11; 1990 c 3 §
601. Formerly RCW 9.94A.127.]
9.94A.835
Effective date—2009 c 28: See note following RCW 2.24.040.
Effective date—2006 c 123: See note following RCW 9.94A.533.
Additional notes found at www.leg.wa.gov
9.94A.836 Special allegation—Offense was predatory—Procedures. (1) In a prosecution for rape of a child in
the first degree, rape of a child in the second degree, or child
molestation in the first degree, the prosecuting attorney shall
file a special allegation that the offense was predatory whenever sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable
defense that could be raised under the evidence, would justify
a finding by a reasonable and objective fact finder that the
offense was predatory, unless the prosecuting attorney determines, after consulting with a victim, that filing a special allegation under this section is likely to interfere with the ability
to obtain a conviction.
(2) Once a special allegation has been made under this
section, the state has the burden to prove beyond a reasonable
doubt that the offense was predatory. If a jury is had, the jury
shall, if it finds the defendant guilty, also find a special verdict as to whether the offense was predatory. If no jury is
9.94A.836
9.94A.834 Special allegation—Endangerment by
eluding a police vehicle—Procedures. (1) The prosecuting
attorney may file a special allegation of endangerment by
eluding in every criminal case involving a charge of attempting to elude a police vehicle under RCW 46.61.024, when
sufficient admissible evidence exists, to show that one or
more persons other than the defendant or the pursuing law
enforcement officer were threatened with physical injury or
harm by the actions of the person committing the crime of
attempting to elude a police vehicle.
(2) In a criminal case in which there has been a special
allegation, the state shall prove beyond a reasonable doubt
that the accused committed the crime while endangering one
or more persons other than the defendant or the pursuing law
enforcement officer. The court shall make a finding of fact of
whether or not one or more persons other than the defendant
or the pursuing law enforcement officer were endangered at
9.94A.834
[Title 9 RCW—page 178]
(2010 Ed.)
Sentencing Reform Act of 1981
had, the court shall make a finding of fact as to whether the
offense was predatory.
(3) The prosecuting attorney shall not withdraw a special
allegation filed under this section without the approval of the
court through an order of dismissal of the allegation. The
court may not dismiss the special allegation unless it finds
that the order is necessary to correct an error in the initial
charging decision or that there are evidentiary problems that
make proving the special allegation doubtful. [2006 c 122 §
1.]
Effective date—2006 c 122 §§ 1-4 and 6: "Sections 1 through 4 and 6
of this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and take effect immediately [March 20, 2006]." [2006 c 122 §
10.]
9.94A.837 Special allegation—Victim was under fifteen years of age—Procedures. (1) In a prosecution for
rape in the first degree, rape in the second degree, indecent
liberties by forcible compulsion, or kidnapping in the first
degree with sexual motivation, the prosecuting attorney shall
file a special allegation that the victim of the offense was
under fifteen years of age at the time of the offense whenever
sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense
that could be raised under the evidence, would justify a finding by a reasonable and objective fact finder that the victim
was under fifteen years of age at the time of the offense,
unless the prosecuting attorney determines, after consulting
with a victim, that filing a special allegation under this section is likely to interfere with the ability to obtain a conviction.
(2) Once a special allegation has been made under this
section, the state has the burden to prove beyond a reasonable
doubt that the victim was under fifteen years of age at the
time of the offense. If a jury is had, the jury shall, if it finds
the defendant guilty, also find a special verdict as to whether
the victim was under the age of fifteen at the time of the
offense. If no jury is had, the court shall make a finding of
fact as to whether the victim was under the age of fifteen at
the time of the offense.
(3) The prosecuting attorney shall not withdraw a special
allegation filed under this section without the approval of the
court through an order of dismissal of the allegation. The
court may not dismiss the special allegation unless it finds
that the order is necessary to correct an error in the initial
charging decision or that there are evidentiary problems that
make proving the special allegation doubtful. [2006 c 122 §
2.]
9.94A.837
Effective date—2006 c 122 §§ 1-4 and 6: See note following RCW
9.94A.836.
9.94A.838 Special allegation—Victim had diminished capacity—Procedures. (1) In a prosecution for rape
in the first degree, rape in the second degree with forcible
compulsion, indecent liberties with forcible compulsion, or
kidnapping in the first degree with sexual motivation, the
prosecuting attorney shall file a special allegation that the
victim of the offense was, at the time of the offense, developmentally disabled, mentally disordered, or a frail elder or vulnerable adult, whenever sufficient admissible evidence
9.94A.838
(2010 Ed.)
9.94A.839
exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the
evidence, would justify a finding by a reasonable and objective fact finder that the victim was, at the time of the offense,
developmentally disabled, mentally disordered, or a frail
elder or vulnerable adult, unless the prosecuting attorney
determines, after consulting with a victim, that filing a special allegation under this section is likely to interfere with the
ability to obtain a conviction.
(2) Once a special allegation has been made under this
section, the state has the burden to prove beyond a reasonable
doubt that the victim was, at the time of the offense, developmentally disabled, mentally disordered, or a frail elder or vulnerable adult. If a jury is had, the jury shall, if it finds the
defendant guilty, also find a special verdict as to whether the
victim was, at the time of the offense, developmentally disabled, mentally disordered, or a frail elder or vulnerable
adult. If no jury is had, the court shall make a finding of fact
as to whether the victim was, at the time of the offense, developmentally disabled, mentally disordered, or a frail elder or
vulnerable adult.
(3) The prosecuting attorney shall not withdraw a special
allegation filed under this section without the approval of the
court through an order of dismissal of the allegation. The
court may not dismiss the special allegation unless it finds
that the order is necessary to correct an error in the initial
charging decision or that there are evidentiary problems that
make proving the special allegation doubtful.
(4) For purposes of this section, "developmentally disabled," "mentally disordered," and "frail elder or vulnerable
adult" have the same meaning as in *RCW 9A.44.010. [2006
c 122 § 3.]
*Reviser’s note: RCW 9A.44.010 was amended by 2007 c 20 § 3,
changing the definition of "developmentally disabled" and "mentally disordered" to "person with a developmental disability" and "person with a mental
disorder," respectively.
Effective date—2006 c 122 §§ 1-4 and 6: See note following RCW
9.94A.836.
9.94A.839 Special allegation—Sexual conduct with
victim in return for a fee—Procedures. (1) In a prosecution for a violation of RCW 9A.44.073, 9A.44.076,
9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, or an anticipatory offense for a violation of RCW 9A.44.073,
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089,
committed on or after July 22, 2007, the prosecuting attorney
may file a special allegation that the defendant engaged,
agreed, offered, attempted, solicited another, or conspired to
engage the victim in the sexual conduct in return for a fee,
when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable
defense that could be raised under the evidence, would justify
a finding by a reasonable and objective fact finder that the
defendant engaged, agreed, offered, attempted, solicited
another, or conspired to engage the victim in the sexual conduct in return for a fee.
(2) Once a special allegation has been made under this
section, the state has the burden to prove beyond a reasonable
doubt that the defendant engaged, agreed, offered, attempted,
solicited another, or conspired to engage the victim in the
sexual conduct in return for a fee. If a jury is had, the jury
9.94A.839
[Title 9 RCW—page 179]
9.94A.840
Title 9 RCW: Crimes and Punishments
shall, if it finds the defendant guilty, also find a special verdict as to whether the defendant engaged, agreed, offered,
attempted, solicited another, or conspired to engage the victim in the sexual conduct in exchange for a fee. If no jury is
had, the court shall make a finding of fact as to whether the
defendant engaged, agreed, offered, attempted, solicited
another, or conspired to engage the victim in the sexual conduct in exchange for a fee.
(3) For purposes of this section, "sexual conduct" means
sexual intercourse or sexual contact as defined in chapter
9A.44 RCW. [2007 c 368 § 10.]
SEX OFFENDERS
9.94A.840 Sex offenders—Release from total confinement—Notification of prosecutor. (1)(a) When it
appears that a person who has been convicted of a sexually
violent offense may meet the criteria of a sexually violent
predator as defined in *RCW 71.09.020(1), the agency with
jurisdiction over the person shall refer the person in writing to
the prosecuting attorney of the county where that person was
convicted, three months prior to the anticipated release from
total confinement.
(b) The agency shall inform the prosecutor of the following:
(i) The person’s name, identifying factors, anticipated
future residence, and offense history; and
(ii) Documentation of institutional adjustment and any
treatment received.
(2) This section applies to acts committed before, on, or
after March 26, 1992.
(3) The agency with jurisdiction, its employees, and officials shall be immune from liability for any good-faith conduct under this section.
(4) As used in this section, "agency with jurisdiction"
means that agency with the authority to direct the release of a
person serving a sentence or term of confinement and
includes the department of corrections, the indeterminate
sentence review board, and the department of social and
health services. [1992 c 45 § 1; 1990 c 3 § 122. Formerly
RCW 9.94A.151.]
9.94A.840
*Reviser’s note: RCW 71.09.020 was amended by 2001 2nd sp.s. c 12
§ 102, changing subsection (1) to subsection (12). RCW 71.09.020 was subsequently amended by 2002 c 58 § 2, changing subsection (12) to subsection
(16). RCW 71.09.020 was subsequently amended by 2009 c 409 § 1, changing subsection (16) to subsection (18).
Additional notes found at www.leg.wa.gov
9.94A.843 Sex offenders—Release of information—
Immunity. The department, its employees, and officials,
shall be immune from liability for release of information
regarding sex offenders that complies with RCW 4.24.550.
[1990 c 3 § 123. Formerly RCW 9.94A.152.]
9.94A.843
Additional notes found at www.leg.wa.gov
9.94A.844 Sex offenders—Discretionary decisions—
Immunity. Law enforcement agencies and the department of
corrections are immune from civil liability for damages from
discretionary decisions made under chapter 436, Laws of
2005 if they make a good faith effort to comply with chapter
436, Laws of 2005. [2005 c 436 § 5.]
9.94A.844
[Title 9 RCW—page 180]
Reviser’s note: 2005 c 436 § 6 (an expiration date section) was
repealed by 2006 c 131 § 2.
9.94A.8445 Community protection zones—Preemption of local regulations—Retrospective application. (1)
Sections 1 through 3 and 5 of chapter 436, Laws of 2005,
supersede and preempt all rules, regulations, codes, statutes,
or ordinances of all cities, counties, municipalities, and local
agencies regarding the same subject matter. The state preemption created in this section applies to all rules, regulations, codes, statutes, and ordinances pertaining to residency
restrictions for persons convicted of any sex offense at any
time.
(2) This section does not apply to rules, regulations,
codes, statutes, or ordinances adopted by cities, counties,
municipalities, or local agencies prior to March 1, 2006,
except as required by an order issued by a court of competent
jurisdiction pursuant to litigation regarding the rules, regulations, codes, statutes, or ordinances. [2006 c 131 § 1.]
9.94A.8445
Contingent expiration date—2006 c 131 § 1: "(1) If the association of
Washington cities submits consensus statewide standards to the governor
and the legislature on or before December 31, 2007, section 1 of this act
expires July 1, 2008, and may only be revived by an affirmative act of the
legislature through duly enacted legislation.
(2) If the association of Washington cities does not submit consensus
statewide standards to the governor and legislature on or before December
31, 2007, section 1 of this act does not expire." [2006 c 131 § 4.]
Reviser’s note: No consensus statewide standards on sex offender residency restrictions were delivered to the governor on or before December 31,
2007.
Residency restrictions on sex offenders—Statewide standards—
2006 c 131: "(1) The association of Washington cities, working with the cities and towns of Washington state, shall develop statewide standards for cities and towns to use when determining whether to impose residency restrictions on sex offenders within their jurisdiction.
(2) The association of Washington cities shall work in consultation
with a representative from each of the following agencies and organizations:
(a) The attorney general of Washington;
(b) The Washington state association of counties;
(c) The department of corrections;
(d) The Washington state coalition of sexual assault programs;
(e) The Washington association of sheriffs and police chiefs; and
(f) Any other agencies and organizations as deemed appropriate by the
association of Washington cities, such as the Washington association of
prosecuting attorneys, the juvenile rehabilitation administration of the
department of social and health services, the indeterminate sentence review
board, the Washington association for the treatment of sexual abusers, and
the *department of community, trade, and economic development.
(3) The statewide standards for whether to impose residency restrictions on sex offenders should consider the following elements:
(a) An identification of areas in which sex offenders should not reside
due to concerns regarding public safety and welfare;
(b) An identification of areas in which sex offenders may reside, taking
into consideration factors such as:
(i) How many housing units must reasonably be available in order to
accommodate registered sex offenders in a city or town;
(ii) The average response time of emergency services to the areas;
(iii) The proximity of risk potential activities to the areas; and
(iv) The proximity of medical care, mental health care providers, and
sex offender treatment providers to the areas;
(c) A prohibition against completely precluding sex offender residences within a city or town, implicating a sex offender’s right to travel, or
enacting a criminal regulatory measure;
(d) Appropriate civil remedies for violations of a local ordinance; and
(e) Unique local conditions that should be given due deference, such as
proximity to state facilities that house or treat sex offenders.
(4) The association of Washington cities, on behalf of the cities and
towns in Washington, shall present consensus statewide standards, along
with any consensus recommendations and proposed legislation, to the governor and the legislature no later than December 31, 2007. The standards and
any recommendations or proposed legislation must reflect a consensus
(2010 Ed.)
Sentencing Reform Act of 1981
among the association of Washington cities and the entities in subsection
(2)(a) through (e) of this section. These entities must participate in good
faith in activities carried out under this section with a goal of achieving consensus standards." [2006 c 131 § 3.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
9.94A.846 Sex offenders—Release of information. In
addition to any other information required to be released
under other provisions of this chapter, the department may,
pursuant to RCW 4.24.550, release information concerning
convicted sex offenders confined to the department of corrections. [1990 c 3 § 124. Formerly RCW 9.94A.153.]
9.94A.846
Additional notes found at www.leg.wa.gov
SENTENCING GUIDELINES COMMISSION
9.94A.850 Sentencing guidelines commission—
Established—Powers and duties. (1) A sentencing guidelines commission is established as an agency of state government.
(2) The legislature finds that the commission, having
accomplished its original statutory directive to implement
this chapter, and having expertise in sentencing practice and
policies, shall:
(a) Evaluate state sentencing policy, to include whether
the sentencing ranges and standards are consistent with and
further:
(i) The purposes of this chapter as defined in RCW
9.94A.010; and
(ii) The intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement
for the nonviolent offender.
The commission shall provide the governor and the legislature with its evaluation and recommendations under this
subsection not later than December 1, 1996, and every two
years thereafter;
(b) Recommend to the legislature revisions or modifications to the standard sentence ranges, state sentencing policy,
prosecuting standards, and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional
list of standard sentence ranges which are consistent with
correction capacity;
(c) Study the existing criminal code and from time to
time make recommendations to the legislature for modification;
(d)(i) Serve as a clearinghouse and information center
for the collection, preparation, analysis, and dissemination of
information on state and local adult and juvenile sentencing
practices; (ii) develop and maintain a computerized adult and
juvenile sentencing information system by individual superior court judge consisting of offender, offense, history, and
sentence information entered from judgment and sentence
forms for all adult felons; and (iii) conduct ongoing research
regarding adult and juvenile sentencing guidelines, use of
total confinement and alternatives to total confinement, plea
bargaining, and other matters relating to the improvement of
the adult criminal justice system and the juvenile justice system;
9.94A.850
(2010 Ed.)
9.94A.850
(e) Assume the powers and duties of the juvenile disposition standards commission after June 30, 1996;
(f) Evaluate the effectiveness of existing disposition
standards and related statutes in implementing policies set
forth in RCW 13.40.010 generally, specifically review the
guidelines relating to the confinement of minor and first-time
offenders as well as the use of diversion, and review the
application of current and proposed juvenile sentencing standards and guidelines for potential adverse impacts on the sentencing outcomes of racial and ethnic minority youth;
(g) Solicit the comments and suggestions of the juvenile
justice community concerning disposition standards, and
make recommendations to the legislature regarding revisions
or modifications of the standards. The evaluations shall be
submitted to the legislature on December 1 of each odd-numbered year. The department of social and health services
shall provide the commission with available data concerning
the implementation of the disposition standards and related
statutes and their effect on the performance of the department’s responsibilities relating to juvenile offenders, and
with recommendations for modification of the disposition
standards. The administrative office of the courts shall provide the commission with available data on diversion, including the use of youth court programs, and dispositions of juvenile offenders under chapter 13.40 RCW; and
(h) Not later than December 1, 1997, and at least every
two years thereafter, based on available information, report to
the governor and the legislature on:
(i) Racial disproportionality in juvenile and adult sentencing, and, if available, the impact that diversions, such as
youth courts, have on racial disproportionality in juvenile
prosecution, adjudication, and sentencing;
(ii) The capacity of state and local juvenile and adult
facilities and resources; and
(iii) Recidivism information on adult and juvenile
offenders.
(3) Each of the commission’s recommended standard
sentence ranges shall include one or more of the following:
Total confinement, partial confinement, community supervision, community restitution, and a fine.
(4) The standard sentence ranges of total and partial confinement under this chapter, except as provided in RCW
9.94A.517, are subject to the following limitations:
(a) If the maximum term in the range is one year or less,
the minimum term in the range shall be no less than one-third
of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum
term may be less than one-third of the maximum;
(b) If the maximum term in the range is greater than one
year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range, except
that for murder in the second degree in seriousness level XIV
under RCW 9.94A.510, the minimum term in the range shall
be no less than fifty percent of the maximum term in the
range; and
(c) The maximum term of confinement in a range may
not exceed the statutory maximum for the crime as provided
in RCW 9A.20.021.
(5) The commission shall exercise its duties under this
section in conformity with chapter 34.05 RCW. [2009 c 375
§ 8; 2009 c 28 § 17; 2005 c 282 § 19. Prior: 2002 c 290 § 22;
[Title 9 RCW—page 181]
9.94A.855
Title 9 RCW: Crimes and Punishments
2002 c 237 § 16; 2002 c 175 § 16; 2000 c 28 § 41; prior: 1999
c 352 § 1; 1999 c 196 § 3; prior: 1997 c 365 § 2; 1997 c 338
§ 3; 1996 c 232 § 1; 1995 c 269 § 303; 1994 c 87 § 1; 1986 c
257 § 18; 1982 c 192 § 2; 1981 c 137 § 4. Formerly RCW
9.94A.040.]
Application—2009 c 375: See note following RCW 9.94A.501.
Effective date—2009 c 28: See note following RCW 2.24.040.
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Effective date—2002 c 175: See note following RCW 7.80.130.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
9.94A.855 Sentencing guidelines commission—
Research staff—Data, information, assistance—
Bylaws—Salary of executive officer. The commission shall
appoint a research staff of sufficient size and with sufficient
resources to accomplish its duties. The commission may
request from the office of financial management, the indeterminate sentence review board, the administrative office of the
courts, the department of corrections, and the department of
social and health services such data, information, and data
processing assistance as it may need to accomplish its duties,
and such services shall be provided without cost to the commission. The commission shall adopt its own bylaws.
The salary for a full-time executive officer, if any, shall
be fixed by the governor pursuant to RCW 43.03.040. [2005
c 282 § 20; 1999 c 143 § 10; 1982 c 192 § 3; 1981 c 137 § 5.
Formerly RCW 9.94A.050.]
9.94A.855
9.94A.860 Sentencing guidelines commission—Membership—Appointments—Terms of office—Expenses
and compensation. (1) The commission consists of twenty
voting members, one of whom the governor shall designate
as chairperson. With the exception of ex officio voting members, the voting members of the commission shall be
appointed by the governor, subject to confirmation by the
senate.
(2) The voting membership consists of the following:
(a) The head of the state agency having general responsibility for adult correction programs, as an ex officio member;
(b) The director of financial management or designee, as
an ex officio member;
(c) The chair of the indeterminate sentence review board,
as an ex officio member;
(d) The head of the state agency, or the agency head’s
designee, having responsibility for juvenile corrections programs, as an ex officio member;
(e) Two prosecuting attorneys;
(f) Two attorneys with particular expertise in defense
work;
(g) Four persons who are superior court judges;
(h) One person who is the chief law enforcement officer
of a county or city;
9.94A.860
[Title 9 RCW—page 182]
(i) Four members of the public who are not prosecutors,
defense attorneys, judges, or law enforcement officers, one of
whom is a victim of crime or a crime victims’ advocate;
(j) One person who is an elected official of a county government, other than a prosecuting attorney or sheriff;
(k) One person who is an elected official of a city government;
(l) One person who is an administrator of juvenile court
services.
In making the appointments, the governor shall endeavor
to assure that the commission membership includes adequate
representation and expertise relating to both the adult criminal justice system and the juvenile justice system. In making
the appointments, the governor shall seek the recommendations of Washington prosecutors in respect to the prosecuting
attorney members, of the Washington state bar association in
respect to the defense attorney members, of the association of
superior court judges in respect to the members who are
judges, of the Washington association of sheriffs and police
chiefs in respect to the member who is a law enforcement
officer, of the Washington state association of counties in
respect to the member who is a county official, of the association of Washington cities in respect to the member who is a
city official, of the office of crime victims advocacy and
other organizations of crime victims in respect to the member
who is a victim of crime or a crime victims’ advocate, and of
the Washington association of juvenile court administrators
in respect to the member who is an administrator of juvenile
court services.
(3)(a) All voting members of the commission, except ex
officio voting members, shall serve terms of three years and
until their successors are appointed and confirmed.
(b) The governor shall stagger the terms of the members
appointed under subsection (2)(j), (k), and (l) of this section
by appointing one of them for a term of one year, one for a
term of two years, and one for a term of three years.
(4) The speaker of the house of representatives and the
president of the senate may each appoint two nonvoting
members to the commission, one from each of the two largest
caucuses in each house. The members so appointed shall
serve two-year terms, or until they cease to be members of the
house from which they were appointed, whichever occurs
first.
(5) The members of the commission shall be reimbursed
for travel expenses as provided in RCW 43.03.050 and
43.03.060. Legislative members shall be reimbursed by their
respective houses as provided under RCW 44.04.120. Members shall be compensated in accordance with RCW
43.03.250. [2001 2nd sp.s. c 12 § 311; 1996 c 232 § 3; 1993
c 11 § 1; 1988 c 157 § 2; 1984 c 287 § 10; 1981 c 137 § 6.
Formerly RCW 9.94A.060.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Additional notes found at www.leg.wa.gov
9.94A.863 Monetary threshold amounts of property
crimes—Review—Report. The sentencing guidelines com9.94A.863
(2010 Ed.)
Sentencing Reform Act of 1981
mission shall review the monetary threshold amounts differentiating the various degrees of property crimes in Washington state to determine whether such amounts should be modified. The sentencing guidelines commission shall report to
the legislature with its recommendations by November 1,
2014, and every five years thereafter. [2009 c 431 § 2.]
Applicability—2009 c 431: "This act applies to crimes committed on
or after September 1, 2009." [2009 c 431 § 20.]
9.94A.865 Standard sentence ranges—Revisions or
modifications—Submission to legislature. Revisions or
modifications of standard sentence ranges or other standards,
together with any additional list of standard sentence ranges,
shall be submitted to the legislature at least every two years.
[1986 c 257 § 19; 1981 c 137 § 7. Formerly RCW
9.94A.070.]
9.94A.865
Additional notes found at www.leg.wa.gov
9.94A.8671 Sex offender policy board—Findings—
Intent. The legislature finds that in recent years professionals have recognized the value of developing a more coordinated and integrated response to sex offender management.
The legislature further finds that a comprehensive response to
issues that arise, such as integrating federal and state laws, or
assessing whether system flaws contributed to an offense, can
enhance the state’s interest in protecting the community with
an emphasis on public safety. While the legislature recognizes that sex offenses cannot be eliminated entirely, the
interests of the public will be best served if Washington state
experts and practitioners from across the continuum of the
sex offender response system coordinate sex offender management planning and create a system to assess the performance of all components of the sex offender response systems statewide. The legislature intends to foster such coordination by creating a sex offender policy board. [2008 c 249 §
1.]
9.94A.8671
Reviser’s note—Sunset Act application: The sex offender policy
board is subject to review, termination, and possible extension under chapter
43.131 RCW, the Sunset Act. See RCW 43.131.411. RCW 9.94A.8671
through 9.94A.8678 are scheduled for future repeal under RCW
43.131.8678.
Captions not law—2008 c 249: "Captions used in this act are not any
part of the law." [2008 c 249 § 12.]
9.94A.8674
(b) The Washington association of prosecuting attorneys;
(c) The Washington association of criminal defense lawyers;
(d) The chair of the indeterminate sentence review board
or his or her designee;
(e) The Washington association for the treatment of sex
abusers;
(f) The secretary of the department of corrections or his
or her designee;
(g) The Washington state superior court judge’s association;
(h) The assistant secretary of the juvenile rehabilitation
administration or his or her designee;
(i) The office of crime victims advocacy in the *department of community, trade, and economic development;
(j) The Washington state association of counties;
(k) The association of Washington cities;
(l) The Washington association of sexual assault programs; and
(m) The director of the special commitment center or his
or her designee.
(2) The person so named in subsection (1) of this section
has the authority to make decisions on behalf of the organization he or she represents.
(3) The nonvoting membership shall consist of the following:
(a) Two members of the sentencing guidelines commission chosen by the chair of the commission; and
(b) A representative of the criminal justice division in the
attorney general’s office.
(4) The board shall choose its chair by majority vote
from among its voting membership. The chair’s term shall be
two years.
(5) The chair of the sentencing guidelines commission
shall convene the first meeting.
(6) The Washington institute for public policy shall act
as an advisor to the board. [2008 c 249 § 3.]
*Reviser’s note: The "department of community, trade, and economic
development" was renamed the "department of commerce" by 2009 c 565.
Sunset Act application: See note following RCW 9.94A.8671.
Captions not law—2008 c 249: See note following RCW 9.94A.8671.
9.94A.8674 Sex offender policy board—Terms—
Vacancies. (1) The following members of the sex offender
policy board shall be appointed for a term of three years and
shall serve until their successor is selected by the agency they
represent:
(a) The member selected by the Washington association
of sheriffs and police chiefs;
(b) The member selected by the Washington association
of prosecuting attorneys;
(c) The member selected by the Washington association
of criminal defense lawyers;
(d) The member selected by the Washington association
for the treatment of sex abusers;
(e) The member selected by the Washington state superior court judge’s association;
(f) The member selected by the Washington state association of counties;
9.94A.8674
9.94A.8672 Sex offender policy board—Establishment. (1) The sentencing guidelines commission shall establish, staff, and maintain a sex offender policy board.
(2) Although the board is established by the commission,
it shall maintain an independent existence from the commission. [2008 c 249 § 2.]
9.94A.8672
Sunset Act application: See note following RCW 9.94A.8671.
Captions not law—2008 c 249: See note following RCW 9.94A.8671.
9.94A.8673 Sex offender policy board—Membership. (1) The sex offender policy board shall consist of thirteen voting members. Unless the member is specifically
named in this section, the following organizations shall designate a person to sit on the board.
(a) The Washington association of sheriffs and police
chiefs;
9.94A.8673
(2010 Ed.)
[Title 9 RCW—page 183]
9.94A.8675
Title 9 RCW: Crimes and Punishments
(g) The member selected by the association of Washington cities; and
(h) The member selected by the Washington association
of sexual assault providers.
(2) Any vacancy before the expiration of a term shall be
filled by the appointing agency for the unexpired portion of
the term in which the vacancy occurs. The terms of the initial
members listed in subsection (1) of this section shall be staggered so that their terms expire after one, two, and three
years. [2008 c 249 § 4.]
Sunset Act application: See note following RCW 9.94A.8671.
Captions not law—2008 c 249: See note following RCW 9.94A.8671.
9.94A.8675 Sex offender policy board—Authority.
(1) The sex offender policy board may create subcommittees
as needed.
(2) Within available funding, the board may contract
with outside entities which have specific expertise necessary
to assist the board in performing its duties.
(3) The board shall develop bylaws to govern its operation, using the bylaws created by the sentencing guidelines
commission as a guide. [2008 c 249 § 5.]
9.94A.8675
Sunset Act application: See note following RCW 9.94A.8671.
Captions not law—2008 c 249: See note following RCW 9.94A.8671.
9.94A.8676 Sex offender policy board—Duties. The
sex offender policy board’s duties are as follows:
(1)(a) To stay apprised of (i) research and best practices
related to risk assessment, treatment, and supervision of sex
offenders; (ii) community education regarding sex offenses
and offenders; (iii) prevention of sex offenses; and (iv) sex
offender management, in general;
(b) To conduct case reviews on sex offenses as needed to
understand performance of sex offender prevention and
response systems or which are requested by the governor, the
legislature, or local criminal justice agencies. The reviews
shall be conducted in a manner that protects the right to a fair
trial;
(c) To develop and report on benchmarks that measure
performance across the state’s sex offender response system;
(d) To assess and communicate best practices or upcoming trends in other jurisdictions to determine their applicability and viability in Washington state;
(e) To provide a forum for discussion of issues that
requires interagency communication, coordination, and collaboration, including:
(i) Community education and the distribution of information about all parts of the sex offender management system to interested parties;
(ii) Existing community-based prevention programs; and
(iii) Sex offender registration and monitoring in the community.
(2) The board shall develop an initial work plan detailing
the method for achieving its duties and submit it to the governor and the legislature no later than December 1, 2008. The
board shall annually update the work plan and include reasonable performance measures to indicate whether its duties
are being met.
(3) The board shall report annually starting December 1,
2008, to the governor and the legislature with findings on (a)
9.94A.8676
[Title 9 RCW—page 184]
current research and best practices related to risk assessment,
treatment, and supervision of sex offenders; (b) community
education regarding sex offenses and offenders; (c) prevention of sex offenses; (d) sex offender management; (e) the
performance of sex offender prevention and response systems; and (f) any other activities performed by the board in
the prior twelve months in the furtherance of the purposes of
chapter 249, Laws of 2008. [2008 c 249 § 6.]
Sunset Act application: See note following RCW 9.94A.8671.
Captions not law—2008 c 249: See note following RCW 9.94A.8671.
9.94A.8677 Sex offender policy board—Travel
expenses. The members of the sex offender policy board
shall be reimbursed for travel expenses as provided in RCW
43.03.050 and 43.03.060. [2008 c 249 § 7.]
9.94A.8677
Sunset Act application: See note following RCW 9.94A.8671.
Captions not law—2008 c 249: See note following RCW 9.94A.8671.
9.94A.8678 Sex offender policy board—Meeting
attendance—Member replacement. Any member of the
sex offender policy board who misses three consecutive
meetings shall have that fact called to that member’s attention by the chair of the board with the request that the member reconsider his or her ability to continue as a member.
After discussion, if the chair believes the member is not able
to continue as a board member, the chair shall request that the
appointing agency replace the member for the remainder of
the unexpired term. [2008 c 249 § 8.]
9.94A.8678
Sunset Act application: See note following RCW 9.94A.8671.
Captions not law—2008 c 249: See note following RCW 9.94A.8671.
CLEMENCY, INMATE POPULATION
9.94A.870 Emergency due to inmate population
exceeding correctional facility capacity. If the governor
finds that an emergency exists in that the population of a state
residential correctional facility exceeds its reasonable, maximum capacity, then the governor may do any one or more of
the following:
(1) Call the sentencing guidelines commission into an
emergency meeting for the purpose of evaluating the standard ranges and other standards. The commission may adopt
any revision or amendment to the standard ranges or other
standards that it believes appropriate to deal with the emergency situation. The revision or amendment shall be adopted
in conformity with chapter 34.05 RCW and shall take effect
on the date prescribed by the commission. The legislature
shall approve or modify the commission’s revision or amendment at the next legislative session after the revision or
amendment takes effect. Failure of the legislature to act shall
be deemed as approval of the revision or amendment;
(2) Call the clemency and pardons board into an emergency meeting for the purpose of recommending whether the
governor’s commutation or pardon power should be exercised to meet the present emergency. [1999 c 143 § 13; 1984
c 246 § 1; 1983 c 163 § 4; 1981 c 137 § 16. Formerly RCW
9.94A.160.]
9.94A.870
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Sentencing Reform Act of 1981
9.94A.875 Emergency in county jails population
exceeding capacity. If the governor finds that an emergency
exists in that the populations of county jails exceed their reasonable, maximum capacity in a significant manner as a
result of increases in the sentenced felon population due to
implementation of chapter 9.94A RCW, the governor may do
any one or more of the following:
(1) Call the sentencing guidelines commission into an
emergency meeting for the purpose of evaluating the standard ranges and other standards. The commission may adopt
any revision or amendment to the standard ranges or other
standards that it believes appropriate to deal with the emergency situation. The revision or amendment shall be adopted
in conformity with chapter 34.05 RCW and shall take effect
on the date prescribed by the commission. The legislature
shall approve or modify the commission’s revision or amendment at the next legislative session after the revision or
amendment takes effect. Failure of the legislature to act shall
be deemed as approval of the revision or amendment. The
commission shall also analyze how alternatives to total confinement are being provided and used and may recommend
other emergency measures that may relieve the overcrowding.
(2) Call the clemency and pardons board into an emergency meeting for the purpose of recommending whether the
governor’s commutation or pardon power should be exercised to meet the present emergency. [1984 c 209 § 9. Formerly RCW 9.94A.165.]
9.94A.875
Additional notes found at www.leg.wa.gov
9.94A.880 Clemency and pardons board—Membership—Terms—Chairman—Bylaws—Travel expenses—
Staff. (1) The clemency and pardons board is established as
a board within the office of the governor. The board consists
of five members appointed by the governor, subject to confirmation by the senate.
(2) Members of the board shall serve terms of four years
and until their successors are appointed and confirmed. However, the governor shall stagger the terms by appointing one
of the initial members for a term of one year, one for a term
of two years, one for a term of three years, and two for terms
of four years.
(3) The board shall elect a chairman from among its
members and shall adopt bylaws governing the operation of
the board.
(4) Members of the board shall receive no compensation
but shall be reimbursed for travel expenses as provided in
RCW 43.03.050 and 43.03.060 as now existing or hereafter
amended.
(5) The attorney general shall provide a staff as needed
for the operation of the board. [1981 c 137 § 25. Formerly
RCW 9.94A.250.]
9.94A.880
Additional notes found at www.leg.wa.gov
9.94A.885 Clemency and pardons board—Petitions
for review—Hearing. (1) The clemency and pardons board
shall receive petitions from individuals, organizations, and
the department for review and commutation of sentences and
pardoning of offenders in extraordinary cases, and shall make
recommendations thereon to the governor.
9.94A.885
(2010 Ed.)
9.94A.890
(2) The board shall receive petitions from individuals or
organizations for the restoration of civil rights lost by operation of state law as a result of convictions for federal offenses
or out-of-state felonies. The board may issue certificates of
restoration limited to engaging in political office. Any certifications granted by the board must be filed with the secretary
of state to be effective. In all other cases, the board shall
make recommendations to the governor.
(3) The board shall not recommend that the governor
grant clemency under subsection (1) of this section until a
public hearing has been held on the petition. The prosecuting
attorney of the county where the conviction was obtained
shall be notified at least thirty days prior to the scheduled
hearing that a petition has been filed and the date and place at
which the hearing on the petition will be held. The board
may waive the thirty-day notice requirement in cases where it
determines that waiver is necessary to permit timely action
on the petition. A copy of the petition shall be sent to the
prosecuting attorney. The prosecuting attorney shall make
reasonable efforts to notify victims, survivors of victims, witnesses, and the law enforcement agency or agencies that conducted the investigation, of the date and place of the hearing.
Information regarding victims, survivors of victims, or witnesses receiving this notice are confidential and shall not be
available to the offender. The board shall consider statements presented as set forth in RCW 7.69.032. This subsection is intended solely for the guidance of the board. Nothing
in this section is intended or may be relied upon to create a
right or benefit, substantive or procedural, enforceable at law
by any person. [2009 c 325 § 6; 2009 c 138 § 4; 1999 c 323
§ 3; 1989 c 214 § 2; 1981 c 137 § 26. Formerly RCW
9.94A.260.]
Reviser’s note: This section was amended by 2009 c 138 § 4 and by
2009 c 325 § 6, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—1999 c 323: "The pardoning power is vested in the governor
under such regulations and restrictions as may be prescribed by law. To
assist the governor in gathering the facts necessary to the wise exercise of
this power, the legislature created the clemency and pardons board.
In recognition of the severe and detrimental impact of crime on victims, survivors of victims, and witnesses of crime, an intelligent recommendation on an application for clemency is dependent upon input from the victims and survivors of victims of crimes. It is the intent of the legislature to
ensure that all victims and survivors of victims of crimes are afforded a
meaningful role in the clemency process.
The impact of the crime on the community must also be assessed when
passing upon an application for clemency. The prosecuting attorney who
obtained the conviction and the law enforcement agency that conducted the
investigation are uniquely situated to provide an accurate account of the
offense and the impact felt by the community as a result of the offense. It is
the intent of the legislature to ensure that the prosecuting attorney who
obtained the conviction and the law enforcement agency that conducted the
investigation are afforded a meaningful role in the clemency process." [1999
c 323 § 1.]
Additional notes found at www.leg.wa.gov
9.94A.890 Abused victim—Resentencing for murder
of abuser. (1) The sentencing court or the court’s successor
shall consider recommendations from the indeterminate sentence review board for resentencing offenders convicted of
murder if the indeterminate sentence review board advises
the court of the following:
(a) The offender was convicted for a murder committed
prior to July 23, 1989;
9.94A.890
[Title 9 RCW—page 185]
9.94A.905
Title 9 RCW: Crimes and Punishments
(b) RCW 9.94A.535(1)(h), if effective when the offender
committed the crime, would have provided a basis for the
offender to seek a mitigated sentence; and
(c) Upon review of the sentence, the indeterminate sentence review board believes that the sentencing court, when
originally sentencing the offender for the murder, did not
consider evidence that the victim subjected the offender or
the offender’s children to a continuing pattern of sexual or
physical abuse and the murder was in response to that abuse.
(2) The court may resentence the offender in light of
RCW 9.94A.535(1)(h) and impose an exceptional mitigating
sentence pursuant to that provision. Prior to resentencing, the
court shall consider any other recommendation and evidence
concerning the issue of whether the offender committed the
crime in response to abuse.
(3) The court shall render its decision regarding reducing
the inmate’s sentence no later than six months after receipt of
the indeterminate sentence review board’s recommendation
to reduce the sentence imposed. [2000 c 28 § 42; 1993 c 144
§ 5. Formerly RCW 9.94A.395.]
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Additional notes found at www.leg.wa.gov
MISCELLANEOUS
9.94A.905 Effective date of *RCW 9.94A.080
through 9.94A.130, 9.94A.150 through 9.94A.230,
9.94A.250, 9.94A.260—Sentences apply to felonies committed after June 30, 1984. *RCW 9.94A.080 through
9.94A.130, 9.94A.150 through 9.94A.230, and 9.94A.250
and 9.94A.260 shall take effect on July 1, 1984. The sentences required under this chapter shall be prescribed in each
sentence which occurs for a felony committed after June 30,
1984. [1981 c 137 § 28.]
to any specific sanction, alternative, sentence option, or substance abuse treatment. [2002 c 290 § 26.]
Effective date—2002 c 290 §§ 1, 4-6, 12, 13, 26, and 27: See note following RCW 70.96A.350.
Intent—2002 c 290: See note following RCW 9.94A.517.
Severability—2002 c 290: See RCW 9.94A.924.
9.94A.924 Severability—2002 c 290. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2002 c 290 § 28.]
9.94A.924
9.94A.925 Application—2003 c 379 §§ 13-27. The
provisions of sections 13 through 27, chapter 379, Laws of
2003 apply to all offenders currently, or in the future, subject
to sentences with unsatisfied legal financial obligations. The
provisions of sections 13 through 27, chapter 379, Laws of
2003 do not change the amount of any legal financial obligation or the maximum term for which any offender is, or may
be, under the jurisdiction of the court for collection of legal
financial obligations. [2003 c 379 § 24.]
9.94A.925
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW
9.94A.760.
9.94A.905
*Reviser’s note: The majority of chapter 9.94A RCW was recodified
by 2001 c 10 § 6. See Comparative Table for chapter 9.94A RCW in the
Table of Disposition of Former RCW Sections, Volume 0.
9.94A.910 Severability—1981 c 137. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1981 c 137 § 41.]
9.94A.910
9.94A.926 Construction—Chapter applicable to
state registered domestic partnerships—2009 c 521. For
the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family
shall be interpreted as applying equally to state registered
domestic partnerships or individuals in state registered
domestic partnerships as well as to marital relationships and
married persons, and references to dissolution of marriage
shall apply equally to state registered domestic partnerships
that have been terminated, dissolved, or invalidated, to the
extent that such interpretation does not conflict with federal
law. Where necessary to implement chapter 521, Laws of
2009, gender-specific terms such as husband and wife used in
any statute, rule, or other law shall be construed to be gender
neutral, and applicable to individuals in state registered
domestic partnerships. [2009 c 521 § 21.]
9.94A.926
9.94A.930 Recodification. The code reviser shall
recodify sections within chapter 9.94A RCW, and correct any
cross-references to any such recodified sections, as necessary
to simplify the organization of chapter 9.94A RCW. [2001 c
10 § 6.]
9.94A.930
9.94A.920 Headings and captions not law—2000 c
28. Part headings and section captions used in this act do not
constitute any part of the law. [2000 c 28 § 43.]
9.94A.920
9.94A.921 Effective date—2000 c 28. Sections 1
through 42 of this act take effect July 1, 2001. [2000 c 28 §
46.]
9.94A.921
9.94A.922 Severability—2000 c 28. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2000 c 28 § 47.]
Chapter 9.94B
9.94A.922
9.94A.923 Nonentitlement. Nothing in chapter 290,
Laws of 2002 creates an entitlement for a criminal defendant
Chapter 9.94B RCW
SENTENCING—CRIMES COMMITTED
PRIOR TO JULY 1, 2000
Sections
9.94B.010
9.94B.020
9.94B.030
9.94B.040
9.94A.923
[Title 9 RCW—page 186]
9.94B.050
9.94B.060
Application of chapter.
Definitions.
Postrelease supervision—Violations—Expenses.
Noncompliance with condition or requirement of sentence—
Procedure—Penalty.
Community placement.
Community placement for specified offenders.
(2010 Ed.)
Sentencing—Crimes Committed Prior to July 1, 2000
9.94B.070
9.94B.080
9.94B.090
9.94B.100
Community custody for sex offenders.
Mental status evaluations.
Transfer to community custody status in lieu of earned release.
Legal financial obligations—Wage assignments—Sentences
imposed before July 1, 1989.
9.94B.010 Application of chapter. (1) This chapter
codifies sentencing provisions that may be applicable to sentences for crimes committed prior to July 1, 2000.
(2) This chapter supplements chapter 9.94A RCW and
should be read in conjunction with that chapter. [2008 c 231
§ 51.]
9.94B.010
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
9.94B.020 Definitions. In addition to the definitions set
out in RCW 9.94A.030, the following definitions apply for
purposes of this chapter:
(1) "Community placement" means that period during
which the offender is subject to the conditions of community
custody and/or postrelease supervision, which begins either
upon completion of the term of confinement (postrelease
supervision) or at such time as the offender is transferred to
community custody in lieu of earned release. Community
placement may consist of entirely community custody,
entirely postrelease supervision, or a combination of the two.
(2) "Community supervision" means a period of time
during which a convicted offender is subject to crime-related
prohibitions and other sentence conditions imposed by a
court pursuant to this chapter or RCW *16.52.200(6) or
46.61.524. Where the court finds that any offender has a
chemical dependency that has contributed to his or her
offense, the conditions of supervision may, subject to available resources, include treatment. For purposes of the interstate compact for out-of-state supervision of parolees and
probationers, RCW 9.95.270, community supervision is the
functional equivalent of probation and should be considered
the same as probation by other states.
(3) "Postrelease supervision" is that portion of an
offender’s community placement that is not community custody. [2008 c 231 § 52.]
9.94B.020
*Reviser’s note: RCW 16.52.200 was amended by 2009 c 287 § 3,
changing subsection (6) to subsection (7).
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
9.94B.030 Postrelease supervision—Violations—
Expenses. If the offender violates any condition of postrelease supervision, a hearing may be conducted in the same
manner as provided in RCW 9.94B.040. Jurisdiction shall be
with the court of the county in which the offender was sentenced. However, the court may order a change of venue to
the offender’s county of residence or where the violation
occurred, for the purpose of holding a violation hearing.
After the hearing, the court may order the offender to be
confined for up to sixty days per violation in the county jail.
Reimbursement to a city or county for the care of offenders
who are detained solely for violating a condition of postrelease supervision shall be under RCW 70.48.440. A county
shall be reimbursed for indigent defense costs for offenders
9.94B.030
(2010 Ed.)
9.94B.040
who are detained solely for violating a condition of postrelease supervision in accordance with regulations to be promulgated by the office of financial management. An
offender may be held in jail at state expense pending the hearing, and any time served while awaiting the hearing shall be
credited against confinement imposed for a violation. The
court shall retain jurisdiction for the purpose of holding the
violation hearing and imposing a sanction. [2009 c 28 § 18;
1988 c 153 § 8. Formerly RCW 9.94A.628, 9.94A.175.]
Effective date—2009 c 28: See note following RCW 2.24.040.
Additional notes found at www.leg.wa.gov
9.94B.040 Noncompliance with condition or requirement of sentence—Procedure—Penalty. (1) If an offender
violates any condition or requirement of a sentence, the court
may modify its order of judgment and sentence and impose
further punishment in accordance with this section.
(2) In cases where conditions from a second or later sentence of community supervision begin prior to the term of the
second or later sentence, the court shall treat a violation of
such conditions as a violation of the sentence of community
supervision currently being served.
(3) If an offender fails to comply with any of the requirements or conditions of a sentence the following provisions
apply:
(a)(i) Following the violation, if the offender and the
department make a stipulated agreement, the department may
impose sanctions such as work release, home detention with
electronic monitoring, work crew, community restitution,
inpatient treatment, daily reporting, curfew, educational or
counseling sessions, supervision enhanced through electronic
monitoring, jail time, or other sanctions available in the community.
(ii) Within seventy-two hours of signing the stipulated
agreement, the department shall submit a report to the court
and the prosecuting attorney outlining the violation or violations, and sanctions imposed. Within fifteen days of receipt
of the report, if the court is not satisfied with the sanctions,
the court may schedule a hearing and may modify the department’s sanctions. If this occurs, the offender may withdraw
from the stipulated agreement.
(iii) If the offender fails to comply with the sanction
administratively imposed by the department, the court may
take action regarding the original noncompliance. Offender
failure to comply with the sanction administratively imposed
by the department may be considered an additional violation.
(b) In the absence of a stipulated agreement, or where the
court is not satisfied with the department’s sanctions as provided in (a) of this subsection, the court, upon the motion of
the state, or upon its own motion, shall require the offender to
show cause why the offender should not be punished for the
noncompliance. The court may issue a summons or a warrant
of arrest for the offender’s appearance;
(c) The state has the burden of showing noncompliance
by a preponderance of the evidence. If the court finds that the
violation has occurred, it may order the offender to be confined for a period not to exceed sixty days for each violation,
and may (i) convert a term of partial confinement to total confinement, (ii) convert community restitution obligation to
total or partial confinement, (iii) convert monetary obliga9.94B.040
[Title 9 RCW—page 187]
9.94B.050
Title 9 RCW: Crimes and Punishments
tions, except restitution and the crime victim penalty assessment, to community restitution hours at the rate of the state
minimum wage as established in RCW 49.46.020 for each
hour of community restitution, or (iv) order one or more of
the penalties authorized in (a)(i) of this subsection. Any time
served in confinement awaiting a hearing on noncompliance
shall be credited against any confinement order by the court;
(d) If the court finds that the violation was not willful,
the court may modify its previous order regarding payment of
legal financial obligations and regarding community restitution obligations; and
(e) If the violation involves a failure to undergo or comply with mental status evaluation and/or outpatient mental
health treatment, the community corrections officer shall
consult with the treatment provider or proposed treatment
provider. Enforcement of orders concerning outpatient mental health treatment must reflect the availability of treatment
and must pursue the least restrictive means of promoting participation in treatment. If the offender’s failure to receive care
essential for health and safety presents a risk of serious physical harm or probable harmful consequences, the civil detention and commitment procedures of chapter 71.05 RCW shall
be considered in preference to incarceration in a local or state
correctional facility.
(4) The community corrections officer may obtain information from the offender’s mental health treatment provider
on the offender’s status with respect to evaluation, application for services, registration for services, and compliance
with the supervision plan, without the offender’s consent, as
described under RCW 71.05.630.
(5) An offender under community placement or community supervision who is civilly detained under chapter 71.05
RCW, and subsequently discharged or conditionally released
to the community, shall be under the supervision of the
department of corrections for the duration of his or her period
of community placement or community supervision. During
any period of inpatient mental health treatment that falls
within the period of community placement or community
supervision, the inpatient treatment provider and the supervising community corrections officer shall notify each other
about the offender’s discharge, release, and legal status, and
shall share other relevant information.
(6) Nothing in this section prohibits the filing of escape
charges if appropriate. [2002 c 175 § 8; 1998 c 260 § 4. Prior:
1995 c 167 § 1; 1995 c 142 § 1; 1989 c 252 § 7; prior: 1988
c 155 § 2; 1988 c 153 § 11; 1984 c 209 § 12; 1981 c 137 § 20.
Formerly RCW 9.94A.634, 9.94A.200.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—1998 c 260: See note following RCW 9.94A.500.
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.94B.050
9.94B.050 Community placement. When a court sentences an offender to a term of total confinement in the custody of the department for any of the offenses specified in
this section, the court shall also sentence the offender to a
term of community placement as provided in this section.
Except as provided in RCW 9.94A.501, the department shall
[Title 9 RCW—page 188]
supervise any sentence of community placement imposed
under this section.
(1) The court shall order a one-year term of community
placement for the following:
(a) A sex offense or a serious violent offense committed
after July 1, 1988, but before July 1, 1990; or
(b) An offense committed on or after July 1, 1988, but
before July 25, 1999, that is:
(i) Assault in the second degree;
(ii) Assault of a child in the second degree;
(iii) A crime against persons where it is determined in
accordance with *RCW 9.94A.602 that the offender or an
accomplice was armed with a deadly weapon at the time of
commission; or
(iv) A felony offense under chapter 69.50 or 69.52 RCW
not sentenced under RCW 9.94A.660.
(2) The court shall sentence the offender to a term of
community placement of two years or up to the period of
earned release awarded pursuant to RCW 9.94A.728, whichever is longer, for:
(a) An offense categorized as a sex offense committed on
or after July 1, 1990, but before June 6, 1996, including those
sex offenses also included in other offense categories;
(b) A serious violent offense other than a sex offense
committed on or after July 1, 1990, but before July 1, 2000;
or
(c) A vehicular homicide or vehicular assault committed
on or after July 1, 1990, but before July 1, 2000.
(3) The community placement ordered under this section
shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release. When the court sentences an offender to the statutory maximum sentence then
the community placement portion of the sentence shall consist entirely of the community custody to which the offender
may become eligible. Any period of community custody
actually served shall be credited against the community
placement portion of the sentence.
(4) Unless a condition is waived by the court, the terms
of any community placement imposed under this section
shall include the following conditions:
(a) The offender shall report to and be available for contact with the assigned community corrections officer as
directed;
(b) The offender shall work at department-approved education, employment, or community restitution, or any combination thereof;
(c) The offender shall not possess or consume controlled
substances except pursuant to lawfully issued prescriptions;
(d) The offender shall pay supervision fees as determined by the department; and
(e) The residence location and living arrangements shall
be subject to the prior approval of the department during the
period of community placement.
(5) As a part of any terms of community placement
imposed under this section, the court may also order one or
more of the following special conditions:
(a) The offender shall remain within, or outside of, a
specified geographical boundary;
(2010 Ed.)
Sentencing—Crimes Committed Prior to July 1, 2000
(b) The offender shall not have direct or indirect contact
with the victim of the crime or a specified class of individuals;
(c) The offender shall participate in crime-related treatment or counseling services;
(d) The offender shall not consume alcohol; or
(e) The offender shall comply with any crime-related
prohibitions.
(6) An offender convicted of a felony sex offense against
a minor victim after June 6, 1996, shall comply with any
terms and conditions of community placement imposed by
the department relating to contact between the sex offender
and a minor victim or a child of similar age or circumstance
as a previous victim.
(7) Prior to or during community placement, upon recommendation of the department, the sentencing court may
remove or modify any conditions of community placement so
as not to be more restrictive. [2003 c 379 § 4; 2002 c 175 §
13; 2000 c 28 § 22. Formerly RCW 9.94A.700.]
*Reviser’s note: RCW 9.94A.602 was recodified as RCW 9.94A.825
pursuant to 2009 c 28 § 41.
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Effective date—2002 c 175: See note following RCW 7.80.130.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94B.060
9.94B.060 Community placement for specified
offenders. Except for persons sentenced under RCW
9.94B.050(2) or 9.94B.070, when a court sentences a person
to a term of total confinement to the custody of the department for a violent offense, any crime against persons under
RCW 9.94A.411(2), or any felony offense under chapter
69.50 or 69.52 RCW not sentenced under RCW 9.94A.660,
committed on or after July 25, 1999, but before July 1, 2000,
the court shall in addition to the other terms of the sentence,
sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release in accordance with
*RCW 9.94A.728 (1) and (2). When the court sentences the
offender under this section to the statutory maximum period
of confinement, then the community placement portion of the
sentence shall consist entirely of such community custody to
which the offender may become eligible, in accordance with
*RCW 9.94A.728 (1) and (2). Any period of community
custody actually served shall be credited against the community placement portion of the sentence. Except as provided in
RCW 9.94A.501, the department shall supervise any sentence of community placement or community custody
imposed under this section. [2009 c 28 § 19; 2003 c 379 § 5;
2000 c 28 § 23. Formerly RCW 9.94A.705.]
*Reviser’s note: RCW 9.94A.728 was amended by 2009 c 455 § 2,
deleting subsections (1) and (2).
Effective date—2009 c 28: See note following RCW 2.24.040.
Severability—Effective dates—2003 c 379: See notes following
RCW 9.94A.728.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
(2010 Ed.)
9.94B.090
9.94B.070 Community custody for sex offenders. (1)
When a court sentences a person to the custody of the department for an offense categorized as a sex offense, including
those sex offenses also included in other offense categories,
committed on or after June 6, 1996, and before July 1, 2000,
the court shall, in addition to other terms of the sentence, sentence the offender to community custody for three years or up
to the period of earned release awarded pursuant to RCW
9.94A.728, whichever is longer. The community custody
shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release.
(2) Unless a condition is waived by the court, the terms
of community custody imposed under this section shall be the
same as those provided for in RCW 9.94B.050(4) and may
include those provided for in RCW 9.94B.050(5). As part of
any sentence that includes a term of community custody
imposed under this section, the court shall also require the
offender to comply with any conditions imposed by the
department under RCW 9.94A.704.
(3) At any time prior to the completion of a sex
offender’s term of community custody, if the court finds that
public safety would be enhanced, the court may impose and
enforce an order extending any or all of the conditions
imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in
chapter 9A.20 RCW, regardless of the expiration of the
offender’s term of community custody. If a violation of a
condition extended under this subsection occurs after the
expiration of the offender’s term of community custody, it
shall be deemed a violation of the sentence for the purposes
of RCW 9.94A.631 and may be punishable as contempt of
court as provided for in RCW 7.21.040. [2009 c 28 § 20;
2000 c 28 § 24. Formerly RCW 9.94A.710.]
9.94B.070
Effective date—2009 c 28: See note following RCW 2.24.040.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
9.94B.080 Mental status evaluations. The court may
order an offender whose sentence includes community placement or community supervision to undergo a mental status
evaluation and to participate in available outpatient mental
health treatment, if the court finds that reasonable grounds
exist to believe that the offender is a mentally ill person as
defined in RCW 71.24.025, and that this condition is likely to
have influenced the offense. An order requiring mental status
evaluation or treatment must be based on a presentence report
and, if applicable, mental status evaluations that have been
filed with the court to determine the offender’s competency
or eligibility for a defense of insanity. The court may order
additional evaluations at a later date if deemed appropriate.
[2008 c 231 § 53.]
9.94B.080
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
9.94B.090 Transfer to community custody status in
lieu of earned release. A person convicted of a sex offense
or an offense categorized as a serious violent offense, assault
in the second degree, vehicular homicide, vehicular assault,
assault of a child in the second degree, any crime against per9.94B.090
[Title 9 RCW—page 189]
9.94B.100
Title 9 RCW: Crimes and Punishments
sons where it is determined in accordance with *RCW
9.94A.602 that the offender or an accomplice was armed with
a deadly weapon at the time of commission, or any felony
offense under chapter 69.50 or 69.52 RCW, committed
before July 1, 2000, may become eligible, in accordance with
a program developed by the department, for transfer to community custody status in lieu of earned release time pursuant
to **RCW 9.94A.728(1). [2008 c 231 § 54.]
9.95.060
9.95.062
Reviser’s note: *(1) RCW 9.94A.602 was recodified as RCW
9.94A.825 pursuant to 2009 c 28 § 41.
**(2) RCW 9.94A.728 was amended by 2009 c 455 § 2, deleting subsection (1).
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
9.95.116
9.94B.100 Legal financial obligations—Wage assignments—Sentences imposed before July 1, 1989. For those
individuals who, as a condition and term of their sentence
imposed on or before July 1, 1989, have had financial obligations imposed, and who are not in compliance with the court
order requiring payment of that legal financial obligation, no
action shall be brought before the court from July 1, 1989,
through and including December 31, 1989, to impose a penalty for their failure to pay. All individuals who, after
December 31, 1989, have not taken the opportunity to bring
their legal financial obligation current, shall be proceeded
against pursuant to RCW 9.94B.040. [2009 c 28 § 14; 1989
c 252 § 18. Formerly RCW 9.94A.771, 9.94A.201.]
9.94B.100
Effective date—2009 c 28: See note following RCW 2.24.040.
Purpose—Prospective application—Effective dates—Severability—1989 c 252: See notes following RCW 9.94A.030.
9.95.063
9.95.064
9.95.070
9.95.080
9.95.090
9.95.100
9.95.110
9.95.115
9.95.117
9.95.119
9.95.120
9.95.121
9.95.122
9.95.123
9.95.124
9.95.125
9.95.126
9.95.130
9.95.140
9.95.143
9.95.150
9.95.155
9.95.160
9.95.170
9.95.190
9.95.195
Chapter 9.95
Chapter 9.95 RCW
INDETERMINATE SENTENCES
(Formerly: Prison terms, paroles, and probation)
Sections
9.95.0001
9.95.001
9.95.002
9.95.003
9.95.005
9.95.007
9.95.009
9.95.010
9.95.011
9.95.013
9.95.015
9.95.017
9.95.020
9.95.028
9.95.030
9.95.031
9.95.032
9.95.040
9.95.045
9.95.047
9.95.052
9.95.055
Definitions.
Board of prison terms and paroles redesignated as indeterminate sentence review board.
Board considered parole board.
Appointment of board members—Qualifications—Duties of
chairman—Salaries and travel expenses—Employees.
Board meetings—Quarters at institutions.
Transaction of board’s business in panels—Action by full
board.
Board of prison terms and paroles—Existence ceases July 1,
1986—Reductions in membership—Continuation of functions.
Court to fix maximum sentence.
Minimum terms.
Application of sentencing reform act to board decision.
Finding of fact or special verdict establishing defendant armed
with deadly weapon.
Criteria for confinement and parole.
Duties of superintendent of correctional institution.
Statement of prosecuting attorney provided to department,
when.
Statement to indeterminate sentence review board.
Statement of prosecuting attorney.
Statement of prosecuting attorney—Delivery of statement.
Terms fixed by board—Minimums for certain cases.
Abused victim—Reduction in sentence for murder of abuser—
Petition for review.
Abused victim—Considerations of board in reviewing petition.
Redetermination and refixing of minimum term of confinement.
Reduction of sentences during war emergency.
[Title 9 RCW—page 190]
9.95.200
9.95.204
9.95.210
9.95.214
9.95.215
9.95.220
9.95.230
9.95.240
9.95.250
9.95.260
9.95.265
9.95.267
9.95.270
9.95.280
9.95.290
9.95.300
9.95.310
9.95.320
9.95.330
9.95.340
9.95.350
9.95.360
9.95.370
9.95.420
When sentence begins to run.
Stay of judgment—When prohibited—Credit for jail time
pending appeal.
Conviction upon new trial—Former imprisonment deductible.
Conditions of release.
Reductions for good behavior.
Revocation and redetermination of minimum for infractions.
Labor required.
Prisoner released on serving maximum term.
Parole.
Parole of life term prisoners—Crimes committed before July
1, 1984.
Duration of confinement—Mandatory life sentences—Crimes
committed before July 1, 1984.
Parolees subject to supervision of department of corrections—
Progress reports.
Plans and recommendations for conditions of supervision of
parolees.
Suspension, revision of parole—Community corrections officers—Hearing—Retaking violators—Reinstatement.
On-site revocation hearing—Procedure when waived.
On-site revocation hearing—Representation for alleged violators—Compensation.
On-site parole or community custody revocation or violations
hearings—Conduct—Witnesses—Subpoenas, enforcement.
On-site revocation hearing—Attorney general’s recommendations—Procedural rules.
On-site parole revocation hearing—Board’s decision—Reinstatement or revocation of parole.
On-site revocation hearing—Cooperation in providing facilities.
Parole-revoked offender as escapee.
Record of parolees—Privacy—Release of sex offender information—Immunity from liability—Cooperation by officials
and employees.
Court-ordered treatment—Required disclosures.
Rules and regulations.
Rule making regarding sex offenders.
Governor’s powers not affected—Revocation of paroles
granted by board.
Board to inform itself as to each convict—Records from
department of corrections.
Application of RCW 9.95.010 through 9.95.170 to inmates
previously committed.
Final discharge of parolee—Restoration of civil rights—Governor’s pardoning power not affected.
Probation by court—Investigation by secretary of corrections.
Misdemeanant probation services—County supervision.
Conditions of probation.
Assessment for supervision of misdemeanant probationers.
Counties may provide probation and parole services.
Violation of probation—Rearrest—Imprisonment.
Court revocation or termination of probation.
Dismissal of information or indictment after probation completed—Vacation of conviction.
Community corrections officers.
Indeterminate sentence review board—Supervision of conditionally pardoned persons—Hearing.
Report to governor and legislature.
Transfer of certain powers and duties of board to secretary of
corrections.
Compacts for out-of-state supervision of parolees or probationers—Uniform act.
Return of parole violators from another state—Deputizing outof-state officers.
Return of parole violators from another state—Deputization
procedure.
Return of parole violators from another state—Contracts to
share costs.
Assistance for parolees, work release, and discharged prisoners—Declaration of purpose.
Assistance for parolees, work release, and discharged prisoners—Subsistence payments—Terms and conditions.
Assistance for parolees, work release, and discharged prisoners—Department may accept gifts and make expenditures.
Assistance for parolees, work release, and discharged prisoners—Use and repayment of funds belonging to absconders.
Assistance for parolees, work release, and discharged prisoners—Use and accounting of funds or property.
Assistance for parolees, work release, and discharged prisoners—Community services revolving fund.
Assistance for parolees and discharged prisoners—Repayment
agreement.
Sex offenders—End of sentence review—Victim input.
(2010 Ed.)
Indeterminate Sentences
9.95.425
9.95.430
9.95.435
9.95.440
9.95.900
Sex offenders—Postrelease violations.
Sex offenders—Postrelease arrest.
Sex offenders—Postrelease transfer to more restrictive confinement.
Sex offenders—Reinstatement of release.
Application of certain laws to felonies committed before, on,
or after certain dates.
Commitments: Chapter 10.70 RCW.
Counties may provide probation and parole services: RCW 36.01.070.
Form of sentence to penitentiary: RCW 10.64.060.
Leaves of absence for inmates: RCW 72.01.370, 72.01.380.
Probation and parole, transfer of certain powers, duties: Chapter 72.04A
RCW.
Victims of crimes, reimbursement by convicted person as condition of work
release or parole: RCW 7.68.120.
Western interstate corrections compact, board members may hold hearings:
RCW 72.70.040.
9.95.0001 Definitions. (1) "Board" means the indeterminate sentence review board.
(2) "Community custody" means that portion of an
offender’s sentence subject to controls including crimerelated prohibitions and affirmative conditions from the
court, the board, or the department of corrections based on
risk to community safety, that is served under supervision in
the community, and which may be modified or revoked for
violations of release conditions.
(3) "Crime-related prohibition" has the meaning defined
in RCW 9.94A.030.
(4) "Department" means the department of corrections.
(5) "Parole" means that portion of a person’s sentence
for a crime committed before July 1, 1984, served on conditional release in the community subject to board controls and
revocation and under supervision of the department.
(6) "Secretary" means the secretary of the department of
corrections or his or her designee. [2001 2nd sp.s. c 12 §
317.]
9.95.0001
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.001 Board of prison terms and paroles redesignated as indeterminate sentence review board. On July 1,
1986, the board of prison terms and paroles shall be redesignated the indeterminate sentence review board. The newly
designated board shall retain the same membership and staff
as the previously designated board of prison terms and
paroles. References to "the board" or "board of prison terms
and paroles" contained in this chapter, chapters 7.68, 9.95,
9.96, 71.06, and 72.04A RCW, and RCW 9A.44.045 and
72.68.031 are deemed to refer to the indeterminate sentence
review board. [1986 c 224 § 2; (i) 1935 c 114 § 1; RRS §
10249-1. (ii) 1947 c 47 § 1; Rem. Supp. 1947 § 10249-1a.
Formerly RCW 43.67.010.]
9.95.001
Additional notes found at www.leg.wa.gov
9.95.002 Board considered parole board. The indeterminate sentence review board, in fulfilling its duties under
the provisions of chapter 12, Laws of 2001 2nd sp. sess., shall
be considered a parole board as that concept was treated in
law under the state’s indeterminate sentencing statutes.
[2001 2nd sp.s. c 12 § 363.]
9.95.002
(2010 Ed.)
9.95.005
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.003 Appointment of board members—Qualifications—Duties of chairman—Salaries and travel
expenses—Employees. The board shall consist of a chairman and four other members, each of whom shall be
appointed by the governor with the consent of the senate.
Each member shall hold office for a term of five years, and
until his or her successor is appointed and qualified. The
terms shall expire on April 15th of the expiration year.
Vacancies in the membership of the board shall be filled by
appointment by the governor with the consent of the senate.
In the event of the inability of any member to act, the governor shall appoint some competent person to act in his stead
during the continuance of such inability. The members shall
not be removable during their respective terms except for
cause determined by the superior court of Thurston county.
The governor in appointing the members shall designate one
of them to serve as chairman at the governor’s pleasure. The
appointed chairman shall serve as a fully participating board
member and as the director of the agency.
The members of the board and its officers and employees
shall not engage in any other business or profession or hold
any other public office without the prior approval of the executive ethics board indicating compliance with RCW
42.52.020, 42.52.030, 42.52.040 and 42.52.120; nor shall
they, at the time of appointment or employment or during
their incumbency, serve as the representative of any political
party on an executive committee or other governing body
thereof, or as an executive officer or employee of any political committee or association. The members of the board
shall each severally receive salaries fixed by the governor in
accordance with the provisions of RCW 43.03.040, and in
addition shall receive travel expenses incurred in the discharge of their official duties in accordance with RCW
43.03.050 and 43.03.060.
The board may employ, and fix, with the approval of the
governor, the compensation of and prescribe the duties of a
senior administrative officer and such officers, employees,
and assistants as may be necessary, and provide necessary
quarters, supplies, and equipment. [2007 c 362 § 1; 1997 c
350 § 2; 1986 c 224 § 3; 1975-’76 2nd ex.s. c 34 § 8; 1969 c
98 § 9; 1959 c 32 § 1; 1955 c 340 § 9. Prior: 1945 c 155 § 1,
part; 1935 c 114 § 8, part; Rem. Supp. 1945 § 10249-8, part.
Formerly RCW 43.67.020.]
9.95.003
Additional notes found at www.leg.wa.gov
9.95.005 Board meetings—Quarters at institutions.
The board shall meet at major state correctional institutions at
such times as may be necessary for a full and complete study
of the cases of all convicted persons whose durations of confinement are to be determined by it; whose community custody supervision is under the board’s authority; or whose
applications for parole come before it. Other times and places
of meetings may also be fixed by the board.
The superintendents of the different institutions shall
provide suitable quarters for the board and assistants while in
the discharge of their duties. [2001 2nd sp.s. c 12 § 318; 1986
9.95.005
[Title 9 RCW—page 191]
9.95.007
Title 9 RCW: Crimes and Punishments
c 224 § 4; 1959 c 32 § 2; 1955 c 340 § 10. Prior: 1945 c 155
§ 1, part; 1935 c 114 § 8, part; Rem. Supp. 1945 § 10249-8,
part. Formerly RCW 43.67.030.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.95.007 Transaction of board’s business in panels—
Action by full board. The board may meet and transact
business in panels. Each board panel shall consist of at least
two members of the board. In all matters concerning the
internal affairs of the board and policy-making decisions, a
majority of the full board must concur in such matters. The
chairman of the board with the consent of a majority of the
board may designate any two members to exercise all the
powers and duties of the board in connection with any hearing before the board. If the two members so designated cannot unanimously agree as to the disposition of the hearing
assigned to them, such hearing shall be reheard by the full
board. All actions of the full board shall be by concurrence of
a majority of the board members. [1986 c 224 § 5; 1975-’76
2nd ex.s. c 63 § 1; 1959 c 32 § 3. Formerly RCW 43.67.035.]
9.95.007
Additional notes found at www.leg.wa.gov
9.95.009 Board of prison terms and paroles—Existence ceases July 1, 1986—Reductions in membership—
Continuation of functions. (1) On July 1, 1986, the board of
prison terms and paroles shall be redesignated as the indeterminate sentence review board. The board’s membership shall
be reduced as follows: On July 1, 1986, and on July 1st of
each year until 1998, the number of board members shall be
reduced in a manner commensurate with the board’s remaining workload as determined by the office of financial management based upon its population forecast for the indeterminate sentencing system and in conjunction with the budget
process. To meet the statutory obligations of the indeterminate sentence review board, the number of board members
shall not be reduced to fewer than three members, although
the office of financial management may designate some or all
members as part-time members and specify the extent to
which they shall be less than full-time members. Any reduction shall take place by the expiration, on that date, of the
term or terms having the least time left to serve.
(2) After July 1, 1984, the board shall continue its functions with respect to persons convicted of crimes committed
prior to July 1, 1984, and committed to the department of corrections. When making decisions on duration of confinement,
including those relating to persons committed under a mandatory life sentence, and parole release under RCW 9.95.100
and 9.95.110, the board shall consider the purposes, standards, and sentencing ranges adopted pursuant to RCW
9.94A.850 and the minimum term recommendations of the
sentencing judge and prosecuting attorney, and shall attempt
to make decisions reasonably consistent with those ranges,
standards, purposes, and recommendations: PROVIDED,
That the board and its successors shall give adequate written
reasons whenever a minimum term or parole release decision
is made which is outside the sentencing ranges adopted pursuant to RCW 9.94A.850. In making such decisions, the
9.95.009
[Title 9 RCW—page 192]
board and its successors shall consider the different charging
and disposition practices under the indeterminate sentencing
system.
(3) Notwithstanding the provisions of subsection (2) of
this section, the indeterminate sentence review board shall
give public safety considerations the highest priority when
making all discretionary decisions on the remaining indeterminate population regarding the ability for parole, parole
release, and conditions of parole. [1990 c 3 § 707; 1989 c 259
§ 1; 1986 c 224 § 6; 1985 c 279 § 1; 1982 c 192 § 8; 1981 c
137 § 24.]
Additional notes found at www.leg.wa.gov
9.95.010 Court to fix maximum sentence. When a
person, whose crime was committed before July 1, 1984, is
convicted of any felony, except treason, murder in the first
degree, or carnal knowledge of a child under ten years, and a
new trial is not granted, the court shall sentence such person
to the penitentiary, or, if the law allows and the court sees fit
to exercise such discretion, to the reformatory, and shall fix
the maximum term of such person’s sentence only.
The maximum term to be fixed by the court shall be the
maximum provided by law for the crime of which such person was convicted, if the law provides for a maximum term.
If the law does not provide a maximum term for the crime of
which such person was convicted the court shall fix such
maximum term, which may be for any number of years up to
and including life imprisonment but in any case where the
maximum term is fixed by the court it shall be fixed at not
less than twenty years. [2001 2nd sp.s. c 12 § 319; 1955 c
133 § 2. Prior: 1947 c 92 § 1, part; 1935 c 114 § 2, part; Rem.
Supp. 1947 § 10249-2, part.]
9.95.010
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Punishment: Chapter 9.92 RCW.
9.95.011 Minimum terms. (1) When the court commits
a convicted person to the department of corrections on or
after July 1, 1986, for an offense committed before July 1,
1984, the court shall, at the time of sentencing or revocation
of probation, fix the minimum term. The term so fixed shall
not exceed the maximum sentence provided by law for the
offense of which the person is convicted.
The court shall attempt to set the minimum term reasonably consistent with the purposes, standards, and sentencing
ranges adopted under RCW 9.94A.850, but the court is subject to the same limitations as those placed on the board under
RCW 9.92.090, 9.95.040 (1) through (4), 9.95.115,
9A.32.040, 9A.44.045, and chapter 69.50 RCW. The court’s
minimum term decision is subject to review to the same
extent as a minimum term decision by the parole board before
July 1, 1986.
Thereafter, the expiration of the minimum term set by
the court minus any time credits earned under RCW 9.95.070
and 9.95.110 constitutes the parole eligibility review date, at
which time the board may consider the convicted person for
parole under RCW 9.95.100 and 9.95.110 and chapter
72.04A RCW. Nothing in this section affects the board’s
authority to reduce or increase the minimum term, once set
9.95.011
(2010 Ed.)
Indeterminate Sentences
by the court, under RCW 9.95.040, 9.95.052, 9.95.055,
9.95.070, 9.95.080, 9.95.100, 9.95.115, 9.95.125, or
9.95.047.
(2)(a) Except as provided in (b) of this subsection, not
less than ninety days prior to the expiration of the minimum
term of a person sentenced under RCW 9.94A.507, for a sex
offense committed on or after September 1, 2001, less any
time credits permitted by statute, the board shall review the
person for conditional release to community custody as provided in RCW 9.95.420. If the board does not release the person, it shall set a new minimum term not to exceed an additional five years. The board shall review the person again not
less than ninety days prior to the expiration of the new minimum term.
(b) If at the time a person sentenced under RCW
9.94A.507 for a sex offense committed on or after September
1, 2001, arrives at a department of corrections facility, the
offender’s minimum term has expired or will expire within
one hundred twenty days of the offender’s arrival, then no
later than one hundred twenty days after the offender’s arrival
at a department of corrections facility, but after the board
receives the results from the end of sentence review process
and the recommendations for additional or modified conditions of community custody from the department, the board
shall review the person for conditional release to community
custody as provided in RCW 9.95.420. If the board does not
release the person, it shall set a new minimum term not to
exceed an additional five years. The board shall review the
person again not less than ninety days prior to the expiration
of the new minimum term.
(c) In setting a new minimum term, the board may consider the length of time necessary for the offender to complete treatment and programming as well as other factors that
relate to the offender’s release under RCW 9.95.420. The
board’s rules shall permit an offender to petition for an earlier
review if circumstances change or the board receives new
information that would warrant an earlier review. [2009 c 28
§ 21; 2007 c 363 § 1; 2002 c 174 § 2; 2001 2nd sp.s. c 12 §
320; 1993 c 144 § 3; 1986 c 224 § 7.]
Effective date—2009 c 28: See note following RCW 2.24.040.
Effective date—2002 c 174: See note following RCW 9.95.420.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.95.013 Application of sentencing reform act to
board decision. The board shall apply all of the statutory
requirements of RCW 9.95.009(2), requiring decisions of the
board to be reasonably consistent with the ranges, standards,
and purposes of the sentencing reform act, chapter 9.94A
RCW, and the minimum term recommendations of the sentencing judge and the prosecuting attorney, to every person
who, on July 23, 1989, is incarcerated and has been adjudged
under the provisions of RCW 9.92.090. [1989 c 259 § 5.]
9.95.013
9.95.028
determination for persons committed after July 1, 1986, for
crimes committed before July 1, 1984, and wherein there has
been an allegation and evidence establishing that the accused
was armed with a deadly weapon at the time of the commission of the crime, the court shall make a finding of fact of
whether or not the accused was armed with a deadly weapon,
as defined by RCW 9.95.040, at the time of the commission
of the crime, or if a jury trial is had, the jury shall, if it find the
defendant guilty, also find a special verdict as to whether or
not the defendant was armed with a deadly weapon, as
defined in RCW 9.95.040, at the time of the commission of
the crime. [1986 c 224 § 8; 1961 c 138 § 1.]
Additional notes found at www.leg.wa.gov
9.95.017 Criteria for confinement and parole. (1)
The board shall cause to be prepared criteria for duration of
confinement, release on parole, and length of parole for persons committed to prison for crimes committed before July 1,
1984.
The proposed criteria should take into consideration
RCW 9.95.009(2). Before submission to the governor, the
board shall solicit comments and review on their proposed
criteria for parole release.
(2) Persons committed to the department of corrections
and who are under the authority of the board for crimes committed on or after September 1, 2001, are subject to the provisions for duration of confinement, release to community
custody, and length of community custody established in
RCW 9.94A.507, 9.94A.704, 72.09.335, and 9.95.420
through 9.95.440. [2009 c 28 § 22; 2008 c 231 § 40; 2003 c
218 § 2; 2001 2nd sp.s. c 12 § 321; 1986 c 224 § 11.]
9.95.017
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.95.020 Duties of superintendent of correctional
institution. If the sentence of a person so convicted is not
suspended by the court, the superintendent of a major state
correctional institution shall receive such person, if committed to his or her institution, and imprison the person until
released under the provisions of this chapter, under RCW
9.95.420, upon the completion of the statutory maximum sentence, or through the action of the governor. [2001 2nd sp.s.
c 12 § 322; 1955 c 133 § 3. Prior: 1947 c 92 § 1, part; 1935 c
114 § 2, part; Rem. Supp. 1947 § 10249-2, part.]
9.95.020
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.028 Statement of prosecuting attorney provided
to department, when. It is the intent of the legislature to
expedite the inmate classification process of the department
of corrections. The statement of the prosecuting attorney
regarding a convicted criminal defendant should be prepared
9.95.028
9.95.015 Finding of fact or special verdict establishing defendant armed with deadly weapon. In every criminal case wherein conviction would require the board to determine the duration of confinement, or the court to make such
9.95.015
(2010 Ed.)
[Title 9 RCW—page 193]
9.95.030
Title 9 RCW: Crimes and Punishments
and made available to the department at the time the convicted person is placed in the custody of the department.
[1984 c 114 § 1.]
9.95.030
9.95.030 Statement to indeterminate sentence review
board. At the time the convicted person is transported to the
custody of the department of corrections, the indeterminate
sentence review board shall obtain from the sentencing judge
and the prosecuting attorney, a statement of all the facts concerning the convicted person’s crime and any other information of which they may be possessed relative to him, and the
sentencing judge and the prosecuting attorney shall furnish
the board with such information. The sentencing judge and
prosecuting attorney shall indicate to the board, for its guidance, what, in their judgment, should be the duration of the
convicted person’s imprisonment. [1999 c 143 § 17; 1984 c
114 § 2; 1955 c 133 § 4. Prior: 1947 c 92 § 1, part; 1935 c 114
§ 2, part; Rem. Supp. 1947 § 10249-2, part.]
9.95.031
9.95.031 Statement of prosecuting attorney. Whenever any person shall be convicted of a crime and who shall
be sentenced to imprisonment or confinement in a state correctional facility, it shall be the duty of the prosecuting attorney who prosecuted such convicted person to make a statement of the facts respecting the crime for which the prisoner
was tried and convicted, and include in such statement all
information that the prosecuting attorney can give in regard
to the career of the prisoner before the commission of the
crime for which the prisoner was convicted and sentenced,
stating to the best of the prosecuting attorney’s knowledge
whether the prisoner was industrious and of good character,
and all other facts and circumstances that may tend to throw
any light upon the question as to whether such prisoner is
capable of again becoming a good citizen. [1992 c 7 § 23;
1929 c 158 § 1; RRS § 10254.]
Reviser’s note: This section and RCW 9.95.032 antedate the 1935 act
(1935 c 114) that created the board of prison terms and paroles. They were
not expressly repealed thereby, although part of section 2 of the 1935 act
(RCW 9.95.030) contains similar provisions. The effect of 1935 c 114 (as
amended) upon other unrepealed prior laws is discussed in Lindsey v. Superior Court, 33 Wn. (2d) 94 at pp 99-100.
9.95.032
9.95.032 Statement of prosecuting attorney—Delivery of statement. Such statement shall be signed by the
prosecuting attorney and approved by the judge by whom the
judgment was rendered and shall be delivered to the sheriff,
traveling guard, department of corrections personnel, or other
officer executing the sentence, and a copy of such statement
shall be furnished to the defendant or his or her attorney.
Such officer shall deliver the statement, at the time of the
prisoner’s commitment, to the superintendent of the institution to which such prisoner has been committed. The superintendent shall make such statement available for use by the
board. [2001 2nd sp.s. c 12 § 323; 1984 c 114 § 3; 1929 c 158
§ 2; RRS § 10255.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
[Title 9 RCW—page 194]
9.95.040 Terms fixed by board—Minimums for certain cases. The board shall fix the duration of confinement
for persons committed by the court before July 1, 1986, for
crimes committed before July 1, 1984. Within six months
after the admission of the convicted person to a state correctional facility, the board shall fix the duration of confinement.
The term of imprisonment so fixed shall not exceed the maximum provided by law for the offense of which the person
was convicted or the maximum fixed by the court where the
law does not provide for a maximum term.
Subject to RCW 9.95.047, the following limitations are
placed on the board or the court for persons committed to a
state correctional facility on or after July 1, 1986, for crimes
committed before July 1, 1984, with regard to fixing the duration of confinement in certain cases, notwithstanding any
provisions of law specifying a lesser sentence:
(1) For a person not previously convicted of a felony but
armed with a deadly weapon at the time of the commission of
the offense, the duration of confinement shall not be fixed at
less than five years.
(2) For a person previously convicted of a felony either
in this state or elsewhere and who was armed with a deadly
weapon at the time of the commission of the offense, the
duration of confinement shall not be fixed at less than seven
and one-half years.
The words "deadly weapon," as used in this section
include, but are not limited to, any instrument known as a
blackjack, sling shot, billy, sand club, sandbag, metal knuckles, any dirk, dagger, pistol, revolver, or any other firearm,
any knife having a blade longer than three inches, any razor
with an unguarded blade, any metal pipe or bar used or
intended to be used as a club, any explosive, and any weapon
containing poisonous or injurious gas.
(3) For a person convicted of being an habitual criminal
within the meaning of the statute which provides for mandatory life imprisonment for such habitual criminals, the duration of confinement shall not be fixed at less than fifteen
years.
(4) Any person convicted of embezzling funds from any
institution of public deposit of which the person was an
officer or stockholder, the duration of confinement shall be
fixed at not less than five years.
Except when an inmate of a state correctional facility has
been convicted of murder in the first or second degree, the
board may parole an inmate prior to the expiration of a mandatory minimum term, provided such inmate has demonstrated a meritorious effort in rehabilitation and at least twothirds of the board members concur in such action: PROVIDED, That any inmate who has a mandatory minimum
term and is paroled prior to the expiration of such term
according to the provisions of this chapter shall not receive a
conditional release from supervision while on parole until
after the mandatory minimum term has expired.
An inmate serving a sentence fixed under this chapter,
whether or not a mandatory minimum term has expired, may
be granted an extraordinary medical placement by the secretary of corr ections when authorized un der *R CW
9.94A.728(4). [1999 c 324 § 4. Prior: 1993 c 144 § 4; 1993
c 140 § 1; 1992 c 7 § 24; 1986 c 224 § 9; 1975-’76 2nd ex.s.
c 63 § 2; 1961 c 138 § 2; 1955 c 133 § 5; prior: 1947 c 92 §
9.95.040
(2010 Ed.)
Indeterminate Sentences
1, part; 1935 c 114 § 2, part; Rem. Supp. 1947 § 10249-2,
part.]
*Reviser’s note: RCW 9.94A.728 was amended by 2009 c 455 § 2,
changing subsection (4) to subsection (3).
Additional notes found at www.leg.wa.gov
9.95.045 Abused victim—Reduction in sentence for
murder of abuser—Petition for review. (1) An inmate
convicted of murder may petition the indeterminate sentence
review board to review the inmate’s sentence if the petition
alleges the following:
(a) The inmate was sentenced for a murder committed
prior to July 23, 1989, which was the effective date of section
1, chapter 408, Laws of 1989, as codified in RCW
9.94A.535(1)(h). RCW 9.94A.535(1)(h) provides that the
sentencing court may consider as a mitigating factor evidence
that the defendant or the defendant’s children suffered a continuing pattern of physical or sexual abuse by the victim of
the offense and the offense was a response to that abuse;
(b) RCW 9.94A.535(1)(h), if effective when the defendant committed the crime, would have provided a basis for
the defendant to seek a mitigated sentence; and
(c) The sentencing court when determining what sentence to impose, did not consider evidence that the victim
subjected the defendant or the defendant’s children to a continuing pattern of sexual or physical abuse and the murder
was in response to that abuse.
(2) An inmate who seeks to have his or her sentence
reviewed under this section must petition the board for
review no later than October 1, 1993. The petition may be by
letter requesting review.
(3)(a) If the inmate was convicted of a murder committed prior to July 1, 1984, and the inmate is under the jurisdiction of the indeterminate sentence review board, the board
shall conduct the review as provided in RCW 9.95.047. If the
inmate was sentenced pursuant to chapter 9.94A RCW for a
murder committed after June 30, 1984, but before July 23,
1989, the board shall conduct the review and may make
appropriate recommendations to the sentencing court as provided in RCW 9.94A.890. The board shall complete its
review of the petitions and submit recommendations to the
sentencing courts or their successors by October 1, 1994.
(b) When reviewing petitions, the board shall solicit recommendations from the prosecuting attorneys of the counties
where the petitioners were convicted, and shall accept input
from other interested parties. [1993 c 144 § 1.]
9.95.045
Additional notes found at www.leg.wa.gov
9.95.047 Abused victim—Considerations of board in
reviewing petition. (1) If an inmate under the board’s jurisdiction files a petition for review under RCW 9.95.045, the
board shall review the duration of the inmate’s confinement,
including review of the minimum term and parole eligibility
review dates. The board shall consider whether:
(a) The petitioner was convicted for a murder committed
prior to the effective date of RCW 9.94A.535(1)(h);
(b) RCW 9.94A.535(1)(h), if effective when the petitioner committed the crime, would have provided a basis for
the petitioner to seek a mitigated sentence; and
9.95.047
(2010 Ed.)
9.95.055
(c) The sentencing court and prosecuting attorney, when
making their minimum term recommendations, considered
evidence that the victim subjected the petitioner or the petitioner’s children to a continuing pattern of sexual or physical
abuse and the murder was in response to that abuse.
(2) The board may reset the minimum term and parole
eligibility review date of a petitioner convicted of murder if
the board finds that had RCW 9.94A.535(1)(h) been effective
when the petitioner committed the crime, the petitioner may
have received an exceptional mitigating sentence. [1993 c
144 § 2.]
Additional notes found at www.leg.wa.gov
9.95.052 Redetermination and refixing of minimum
term of confinement. At any time after the board (or the
court after July 1, 1986) has determined the minimum term of
confinement of any person subject to confinement in a state
correctional institution for a crime committed before July 1,
1984, the board may request the superintendent of such correctional institution to conduct a full review of such person’s
prospects for rehabilitation and report to the board the facts of
such review and the resulting findings. Upon the basis of
such report and such other information and investigation that
the board deems appropriate, the board may redetermine and
refix such convicted person’s minimum term of confinement
whether the term was set by the board or the court.
The board shall not reduce a person’s minimum term of
confinement unless the board has received from the department of corrections all institutional conduct reports relating
to the person. [2001 2nd sp.s. c 12 § 324; 1986 c 224 § 10;
1983 c 196 § 1; 1972 ex.s. c 67 § 1.]
9.95.052
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.95.055 Reduction of sentences during war emergency. The indeterminate sentence review board is hereby
granted authority, in the event of a declaration by the governor that a war emergency exists, including a general mobilization, and for the duration thereof only, to reduce downward
the minimum term, as set by the board, of any inmate under
the jurisdiction of the board confined in a state correctional
facility, who will be accepted by and inducted into the armed
services: PROVIDED, That a reduction downward shall not
be made under this section for those inmates who: (1) Are
confined for (a) treason; (b) murder in the first degree; or (c)
rape of a child in the first degree where the victim is under ten
years of age or an equivalent offense under prior law; (2) are
being considered for civil commitment as a sexually violent
predator under chapter 71.09 RCW; or (3) were sentenced
under RCW 9.94A.507 for a crime committed on or after
September 1, 2001. [2009 c 28 § 23; 2003 c 218 § 3; 2001
2nd sp.s. c 12 § 325; 1992 c 7 § 25; 1951 c 239 § 1.]
9.95.055
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
[Title 9 RCW—page 195]
9.95.060
Title 9 RCW: Crimes and Punishments
9.95.060 When sentence begins to run. When a convicted person seeks appellate review of his or her conviction
and is at liberty on bond pending the determination of the
proceeding by the supreme court or the court of appeals,
credit on his or her sentence will begin from the date such
convicted person is returned to custody. The date of return to
custody shall be certified to the department of corrections, the
indeterminate sentence review board, and the prosecuting
attorney of the county in which such convicted person was
convicted and sentenced, by the sheriff of such county. If
such convicted person does not seek review of the conviction,
but is at liberty for a period of time subsequent to the signing
of the judgment and sentence, or becomes a fugitive, credit
on his sentence will begin from the date such convicted person is returned to custody. The date of return to custody shall
be certified as provided in this section. In all other cases,
credit on a sentence will begin from the date the judgment
and sentence is signed by the court. [1999 c 143 § 18; 1988 c
202 § 15; 1981 c 136 § 36; 1979 c 141 § 1; 1971 c 81 § 46;
1967 c 200 § 10; 1955 c 133 § 7. Prior: 1947 c 92 § 1, part;
1935 c 114 § 2, part; Rem. Supp. §10249-2, part.]
9.95.060
Additional notes found at www.leg.wa.gov
9.95.062 Stay of judgment—When prohibited—
Credit for jail time pending appeal. (1) Notwithstanding
CrR 3.2 or RAP 7.2, an appeal by a defendant in a criminal
action shall not stay the execution of the judgment of conviction, if the court determines by a preponderance of the evidence that:
(a) The defendant is likely to flee or to pose a danger to
the safety of any other person or the community if the judgment is stayed; or
(b) The delay resulting from the stay will unduly diminish the deterrent effect of the punishment; or
(c) A stay of the judgment will cause unreasonable
trauma to the victims of the crime or their families; or
(d) The defendant has not undertaken to the extent of the
defendant’s financial ability to pay the financial obligations
under the judgment or has not posted an adequate performance bond to assure payment.
(2) An appeal by a defendant convicted of one of the following offenses shall not stay execution of the judgment of
conviction: Rape in the first or second degree (RCW
9A.44.040 and 9A.44.050); rape of a child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076, and
9A.44.079); child molestation in the first, second, or third
degree (RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual
misconduct with a minor in the first or second degree (RCW
9A.44.093 and 9A.44.096); indecent liberties (RCW
9A.44.100); incest (RCW 9A.64.020); luring (RCW
9A.40.090); any class A or B felony that is a sexually motivated offense as defined in RCW 9.94A.030; a felony violation of RCW 9.68A.090; or any offense that is, under chapter
9A.28 RCW, a criminal attempt, solicitation, or conspiracy to
commit one of those offenses.
(3) In case the defendant has been convicted of a felony,
and has been unable to obtain release pending the appeal by
posting an appeal bond, cash, adequate security, release on
personal recognizance, or any other conditions imposed by
the court, the time the defendant has been imprisoned pending the appeal shall be deducted from the term for which the
9.95.062
[Title 9 RCW—page 196]
defendant was sentenced, if the judgment is affirmed. [1996
c 275 § 9; 1989 c 276 § 1; 1969 ex.s. c 4 § 1; 1969 c 103 § 1;
1955 c 42 § 2. Prior: 1893 c 61 § 30; RRS § 1745. Formerly
RCW 10.73.030, part.]
Finding—1996 c 275: See note following RCW 9.94A.505.
Additional notes found at www.leg.wa.gov
9.95.063 Conviction upon new trial—Former imprisonment deductible. If a defendant who has been imprisoned
during the pendency of any post-trial proceeding in any state
or federal court shall be again convicted upon a new trial
resulting from any such proceeding, the period of his former
imprisonment shall be deducted by the superior court from
the period of imprisonment to be fixed on the last verdict of
conviction. [1971 ex.s. c 86 § 1; 1971 c 81 § 47; 1955 c 42 §
4. Prior: 1893 c 61 § 34; RRS § 1750. Formerly RCW
10.73.070, part.]
9.95.063
9.95.064 Conditions of release. (1) In order to minimize the trauma to the victim, the court may attach conditions
on release of an offender under RCW 9.95.062, convicted of
a crime committed before July 1, 1984, regarding the whereabouts of the defendant, contact with the victim, or other conditions.
(2) Offenders released under RCW 9.95.420 are subject
to crime-related prohibitions and affirmative conditions
established by the court, the department of corrections, or the
board pursuant to RCW *9.94A.712, 9.94A.704, 72.09.335,
and 9.95.420 through 9.95.440. [2008 c 231 § 41; 2001 2nd
sp.s. c 12 § 326; 1989 c 276 § 4.]
9.95.064
*Reviser’s note: RCW 9.94A.712 was recodified as RCW 9.94A.507
pursuant to the direction found in section 56(4), chapter 231, Laws of 2008,
effective August 1, 2009.
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.95.070 Reductions for good behavior. (1) Every
prisoner, convicted of a crime committed before July 1, 1984,
who has a favorable record of conduct at a state correctional
institution, and who performs in a faithful, diligent, industrious, orderly and peaceable manner the work, duties, and tasks
assigned to him or her to the satisfaction of the superintendent of the institution, and in whose behalf the superintendent
of the institution files a report certifying that his or her conduct and work have been meritorious and recommending
allowance of time credits to him or her, shall upon, but not
until, the adoption of such recommendation by the indeterminate sentence review board, be allowed time credit reductions
from the term of imprisonment fixed by the board.
(2) Offenders sentenced under RCW 9.94A.507 for a
crime committed on or after September 1, 2001, are subject to
the earned release provisions for sex offenders established in
RCW 9.94A.728. [2009 c 28 § 24; 2003 c 218 § 4; 2001 2nd
sp.s. c 12 § 327; 1999 c 143 § 19; 1955 c 133 § 8. Prior: 1947
9.95.070
(2010 Ed.)
Indeterminate Sentences
c 92 § 1, part; 1935 c 114 § 2, part; Rem. Supp. 1947 § 102492, part.]
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.080 Revocation and redetermination of minimum for infractions. In case any person convicted of a
crime committed before July 1, 1984, and under the jurisdiction of the indeterminate sentence review board undergoing
sentence in a state correctional institution commits any
infractions of the rules and regulations of the institution, the
board may revoke any order theretofore made determining
the length of time such convicted person shall be imprisoned,
including the forfeiture of all or a portion of credits earned or
to be earned, pursuant to the provisions of RCW 9.95.110,
and make a new order determining the length of time the person shall serve, not exceeding the maximum penalty provided
by law for the crime for which the person was convicted, or
the maximum fixed by the court. Such revocation and redetermination shall not be had except upon a hearing before the
indeterminate sentence review board. At such hearing the
convicted person shall be present and entitled to be heard and
may present evidence and witnesses in his or her behalf.
[2001 2nd sp.s. c 12 § 328; 1992 c 7 § 26; 1972 ex.s. c 68 § 1;
1961 c 106 § 1; 1955 c 133 § 9. Prior: 1947 c 92 § 1, part;
1935 c 114 § 2, part; Rem. Supp. 1947 § 10249-2, part.]
9.95.080
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.090 Labor required. (1) The board shall require
of every able bodied offender confined in a state correctional
institution for a crime committed before July 1, 1984, as
many hours of faithful labor in each and every day during his
or her term of imprisonment as shall be prescribed by the
rules and regulations of the institution in which he or she is
confined.
(2) Offenders sentenced under RCW 9.94A.507 for
crimes committed on or after July 1, 2001, shall perform
work or other programming as required by the department of
corrections during their term of confinement. [2009 c 28 §
25; 2001 2nd sp.s. c 12 § 329; 1999 c 143 § 20; 1955 c 133 §
10. Prior: 1947 c 92 § 1, part; 1935 c 114 § 2, part; Rem.
Supp. § 10249-2, part.]
9.95.090
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Labor by prisoners: Chapter 72.64 RCW.
9.95.100 Prisoner released on serving maximum
term. Any person convicted of a felony committed before
July 1, 1984, and undergoing sentence in a state correctional
institution, not sooner released under the provisions of this
chapter, shall, in accordance with the provisions of law, be
discharged from custody on serving the maximum punish9.95.100
(2010 Ed.)
9.95.115
ment provided by law for the offense of which such person
was convicted, or the maximum term fixed by the court
where the law does not provide for a maximum term. The
board shall not, however, until his or her maximum term
expires, release a prisoner, unless in its opinion his or her
rehabilitation has been complete and he or she is a fit subject
for release. [2001 2nd sp.s. c 12 § 330; 1955 c 133 § 11.
Prior: (i) 1947 c 92 § 1, part; 1935 c 114 § 2, part; Rem.
Supp. 1947 § 10249-2, part. (ii) 1939 c 142 § 1, part; 1935 c
114 § 4, part; RRS § 10249-4, part.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.110 Parole. (1) The board may permit an offender
convicted of a crime committed before July 1, 1984, to leave
the buildings and enclosures of a state correctional institution
on parole, after such convicted person has served the period
of confinement fixed for him or her by the board, less time
credits for good behavior and diligence in work: PROVIDED, That in no case shall an inmate be credited with
more than one-third of his or her sentence as fixed by the
board.
The board may establish rules and regulations under
which an offender may be allowed to leave the confines of a
state correctional institution on parole, and may return such
person to the confines of the institution from which he or she
was paroled, at its discretion.
(2) The board may permit an offender convicted of a
crime committed on or after September 1, 2001, and sentenced under RCW 9.94A.507, to leave a state correctional
institution on community custody according to the provisions
of RCW 9.94A.507, 9.94A.704, 72.09.335, and 9.95.420
through 9.95.440. The person may be returned to the institution following a violation of his or her conditions of release to
community custody pursuant to the hearing provisions of
RCW 9.95.435. [2009 c 28 § 26; 2008 c 231 § 42; 2003 c 218
§ 7; 2001 2nd sp.s. c 12 § 331; 1999 c 143 § 21; 1955 c 133 §
12. Prior: 1939 c 142 § 1, part; 1935 c 114 § 4, part; RRS §
10249-4, part.]
9.95.110
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.115 Parole of life term prisoners—Crimes committed before July 1, 1984. The indeterminate sentence
review board is hereby granted authority to parole any person
sentenced to the custody of the department of corrections,
under a mandatory life sentence for a crime committed before
July 1, 1984, except those persons sentenced to life without
the possibility of parole. No such person shall be granted
parole unless the person has been continuously confined
therein for a period of twenty consecutive years less earned
good time: PROVIDED, That no such person shall be
released under parole who is subject to civil commitment as a
9.95.115
[Title 9 RCW—page 197]
9.95.116
Title 9 RCW: Crimes and Punishments
sexually violent predator under chapter 71.09 RCW. [2001
2nd sp.s. c 12 § 332; 1989 c 259 § 3; 1951 c 238 § 1.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.116 Duration of confinement—Mandatory life
sentences—Crimes committed before July 1, 1984. (1)
The board shall fix the duration of confinement for persons
committed to the custody of the department of corrections
under a mandatory life sentence for a crime or crimes committed before July 1, 1984. However, no duration of confinement shall be fixed for those persons committed under a life
sentence without the possibility of parole.
The duration of confinement for persons covered by this
section shall be fixed no later than July 1, 1992, or within six
months after the admission or readmission of the convicted
person to the custody of the department of corrections,
whichever is later.
(2) Prior to fixing a duration of confinement under this
section, the board shall request from the sentencing judge and
the prosecuting attorney an updated statement in accordance
with RCW 9.95.030. In addition to the report and recommendations of the prosecuting attorney and sentencing judge, the
board shall also consider any victim impact statement submitted by a victim, survivor, or a representative, and any
statement submitted by an investigative law enforcement
officer. The board shall provide the convicted person with
copies of any new statement and an opportunity to comment
thereon prior to fixing the duration of confinement. [1989 c
259 § 2.]
9.95.116
9.95.117 Parolees subject to supervision of department of corrections—Progress reports. See RCW
72.04A.080.
9.95.117
9.95.119 Plans and recommendations for conditions
of supervision of parolees. See RCW 72.04A.070.
9.95.119
9.95.120 Suspension, revision of parole—Community corrections officers—Hearing—Retaking violators—
Reinstatement. Whenever the board or a community corrections officer of this state has reason to believe a person convicted of a crime committed before July 1, 1984, has
breached a condition of his or her parole or violated the law
of any state where he or she may then be or the rules and regulations of the board, any community corrections officer of
this state may arrest or cause the arrest and detention and suspension of parole of such convicted person pending a determination by the board whether the parole of such convicted
person shall be revoked. All facts and circumstances surrounding the violation by such convicted person shall be
reported to the board by the community corrections officer,
with recommendations. The board, after consultation with
the secretary of corrections, shall make all rules and regulations concerning procedural matters, which shall include the
time when state community corrections officers shall file
with the board reports required by this section, procedures
pertaining thereto and the filing of such information as may
be necessary to enable the board to perform its functions
9.95.120
[Title 9 RCW—page 198]
under this section. On the basis of the report by the community corrections officer, or at any time upon its own discretion, the board may revise or modify the conditions of parole
or order the suspension of parole by the issuance of a written
order bearing its seal, which order shall be sufficient warrant
for all peace officers to take into custody any convicted person who may be on parole and retain such person in their custody until arrangements can be made by the board for his or
her return to a state correctional institution for convicted felons. Any such revision or modification of the conditions of
parole or the order suspending parole shall be personally
served upon the parolee.
Any parolee arrested and detained in physical custody by
the authority of a state community corrections officer, or
upon the written order of the board, shall not be released from
custody on bail or personal recognizance, except upon
approval of the board and the issuance by the board of an
order of reinstatement on parole on the same or modified conditions of parole.
All chiefs of police, marshals of cities and towns, sheriffs of counties, and all police, prison, and peace officers and
constables shall execute any such order in the same manner
as any ordinary criminal process.
Whenever a paroled prisoner is accused of a violation of
his or her parole, other than the commission of, and conviction for, a felony or misdemeanor under the laws of this state
or the laws of any state where he or she may then be, he or she
shall be entitled to a fair and impartial hearing of such
charges within thirty days from the time that he or she is
served with charges of the violation of conditions of parole
after his or her arrest and detention. The hearing shall be held
before one or more members of the board at a place or places,
within this state, reasonably near the site of the alleged violation or violations of parole.
In the event that the board suspends a parole by reason of
an alleged parole violation or in the event that a parole is suspended pending the disposition of a new criminal charge, the
board shall have the power to nullify the order of suspension
and reinstate the individual to parole under previous conditions or any new conditions that the board may determine
advisable. Before the board shall nullify an order of suspension and reinstate a parole they shall have determined that the
best interests of society and the individual shall best be
served by such reinstatement rather than a return to a correctional institution. [2003 c 218 § 5; 2001 2nd sp.s. c 12 § 333;
1999 c 143 § 22; 1981 c 136 § 37; 1979 c 141 § 2; 1969 c 98
§ 2; 1961 c 106 § 2; 1955 c 133 § 13. Prior: 1939 c 142 § 1,
part; 1935 c 114 § 4, part; RRS § 10249-4, part.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Violations of parole or probation—Revision of parole conditions—Rearrest—Detention: RCW 72.04A.090.
Additional notes found at www.leg.wa.gov
9.95.121 On-site revocation hearing—Procedure
when waived. (1) For offenders convicted of crimes committed before July 1, 1984, within fifteen days from the date
of notice to the department of corrections of the arrest and
detention of the alleged parole violator, he or she shall be per9.95.121
(2010 Ed.)
Indeterminate Sentences
sonally served by a state community corrections officer with
a copy of the factual allegations of the violation of the conditions of parole, and, at the same time shall be advised of his
or her right to an on-site parole revocation hearing and of his
or her rights and privileges as provided in RCW 9.95.120
through 9.95.126. The alleged parole violator, after service
of the allegations of violations of the conditions of parole and
the advice of rights may waive the on-site parole revocation
hearing as provided in RCW 9.95.120, and admit one or more
of the alleged violations of the conditions of parole. If the
board accepts the waiver it shall either, (a) reinstate the
parolee on parole under the same or modified conditions, or
(b) revoke the parole of the parolee and enter an order of
parole revocation and return to state custody. A determination of a new minimum sentence shall be made within thirty
days of return to state custody which shall not exceed the
maximum sentence as provided by law for the crime of which
the parolee was originally convicted or the maximum fixed
by the court.
If the waiver made by the parolee is rejected by the board
it shall hold an on-site parole revocation hearing under the
provisions of RCW 9.95.120 through 9.95.126.
(2) Offenders sentenced under RCW 9.94A.507 are subject to the violation hearing process established in RCW
9.95.435. [2009 c 28 § 27; 2001 2nd sp.s. c 12 § 334; 1981 c
136 § 38; 1979 c 141 § 3; 1969 c 98 § 3.]
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.95.122 On-site revocation hearing—Representation for alleged violators—Compensation. (1) At any onsite parole revocation hearing for a person convicted of a
crime committed before July 1, 1984, the alleged parole violator shall be entitled to be represented by an attorney of his
or her own choosing and at his or her own expense, except,
upon the presentation of satisfactory evidence of indigency
and the request for the appointment of an attorney by the
alleged parole violator, the board may cause the appointment
of an attorney to represent the alleged parole violator to be
paid for at state expense, and, in addition, the board may
assume all or such other expenses in the presentation of evidence on behalf of the alleged parole violator as it may have
authorized: PROVIDED, That funds are available for the
payment of attorneys’ fees and expenses. Attorneys for the
representation of alleged parole violators in on-site hearings
shall be appointed by the superior courts for the counties
wherein the on-site parole revocation hearing is to be held
and such attorneys shall be compensated in such manner and
in such amount as shall be fixed in a schedule of fees adopted
by rule of the board.
(2) The rights of offenders sentenced under RCW
9.94A.507 are defined in RCW 9.95.435. [2009 c 28 § 28;
2001 2nd sp.s. c 12 § 335; 1999 c 143 § 23; 1969 c 98 § 4.]
9.95.122
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
(2010 Ed.)
9.95.124
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.95.123 On-site parole or community custody revocation or violations hearings—Conduct—Witnesses—
Subpoenas, enforcement. In conducting on-site parole
hearings or community custody revocation or violations hearings, the board shall have the authority to administer oaths
and affirmations, examine witnesses, receive evidence, and
issue subpoenas for the compulsory attendance of witnesses
and the production of evidence for presentation at such hearings. Subpoenas issued by the board shall be effective
throughout the state. Witnesses in attendance at any on-site
parole or community custody revocation hearing shall be
paid the same fees and allowances, in the same manner and
under the same conditions as provided for witnesses in the
courts of the state in accordance with chapter 2.40 RCW. If
any person fails or refuses to obey a subpoena issued by the
board, or obeys the subpoena but refuses to testify concerning
any matter under examination at the hearing, the board may
petition the superior court of the county where the hearing is
being conducted for enforcement of the subpoena: PROVIDED, That an offer to pay statutory fees and mileage has
been made to the witness at the time of the service of the subpoena. The petition shall be accompanied by a copy of the
subpoena and proof of service, and shall set forth in what specific manner the subpoena has not been complied with, and
shall ask an order of the court to compel the witness to appear
and testify before the board. The court, upon such petition,
shall enter an order directing the witness to appear before the
court at a time and place to be fixed in such order and then
and there to show cause why he or she has not responded to
the subpoena or has refused to testify. A copy of the order
shall be served upon the witness. If it appears to the court that
the subpoena was properly issued and that the particular
questions which the witness refuses to answer are reasonable
and relevant, the court shall enter an order that the witness
appear at the time and place fixed in the order and testify or
produce the required papers, and on failing to obey the order,
the witness shall be dealt with as for contempt of court.
[2008 c 231 § 43; 2001 2nd sp.s. c 12 § 336; 1999 c 143 § 24;
1969 c 98 § 5.]
9.95.123
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.95.124 On-site revocation hearing—Attorney general’s recommendations—Procedural rules. At all on-site
parole revocation hearings for offenders convicted of crimes
committed before July 1, 1984, the community corrections
officers of the department of corrections, having made the
allegations of the violations of the conditions of parole, may
be represented by the attorney general. The attorney general
may make independent recommendations to the board about
whether the violations constitute sufficient cause for the
9.95.124
[Title 9 RCW—page 199]
9.95.125
Title 9 RCW: Crimes and Punishments
revocation of the parole and the return of the parolee to a state
correctional institution for convicted felons. The hearings
shall be open to the public unless the board for specifically
stated reasons closes the hearing in whole or in part. The
hearings shall be recorded either manually or by a mechanical
recording device. An alleged parole violator may be
requested to testify and any such testimony shall not be used
against him or her in any criminal prosecution. The board
shall adopt rules governing the formal and informal procedures authorized by this chapter and make rules of practice
before the board in on-site parole revocation hearings,
together with forms and instructions. [2001 2nd sp.s. c 12 §
337; 1999 c 143 § 25; 1983 c 196 § 2; 1981 c 136 § 39; 1979
c 141 § 4; 1969 c 98 § 6.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.95.125 On-site parole revocation hearing—Board’s
decision—Reinstatement or revocation of parole. After
the on-site parole revocation hearing for a person convicted
of a crime committed before July 1, 1984, has been concluded, the members of the board having heard the matter
shall enter their decision of record within ten days, and make
findings and conclusions upon the allegations of the violations of the conditions of parole. If the member, or members
having heard the matter, should conclude that the allegations
of violation of the conditions of parole have not been proven
by a preponderance of the evidence, or, those which have
been proven by a preponderance of the evidence are not sufficient cause for the revocation of parole, then the parolee
shall be reinstated on parole on the same or modified conditions of parole. For parole violations not resulting in new
convictions, modified conditions of parole may include sanctions according to an administrative sanction grid. If the
member or members having heard the matter should conclude that the allegations of violation of the conditions of
parole have been proven by a preponderance of the evidence
and constitute sufficient cause for the revocation of parole,
then such member or members shall enter an order of parole
revocation and return the parole violator to state custody.
Within thirty days of the return of such parole violator to a
state correctional institution the board shall enter an order
determining a new minimum term not exceeding the maximum penalty provided by law for the crime for which the
parole violator was originally convicted or the maximum
fixed by the court. [2001 2nd sp.s. c 12 § 338; 1993 c 140 §
2; 1969 c 98 § 7.]
9.95.125
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.95.126 On-site revocation hearing—Cooperation
in providing facilities. All officers and employees of the
state, counties, cities and political subdivisions of this state
shall cooperate with the board in making available suitable
9.95.126
[Title 9 RCW—page 200]
facilities for conducting parole or community custody revocation hearings. [2001 2nd sp.s. c 12 § 339; 1969 c 98 § 8.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.95.130 Parole-revoked offender as escapee. From
and after the suspension, cancellation, or revocation of the
parole of any offender convicted of a crime committed before
July 1, 1984, and until his or her return to custody the
offender shall be deemed an escapee and a fugitive from justice. The indeterminate sentence review board may deny
credit against the maximum sentence any time during which
he or she is an escapee and fugitive from justice. [2001 2nd
sp.s. c 12 § 340; 1993 c 140 § 3; 1955 c 133 § 14. Prior: 1939
c 142 § 1, part; 1935 c 114 § 4, part; RRS § 10249-4, part.]
9.95.130
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.140 Record of parolees—Privacy—Release of
sex offender information—Immunity from liability—
Cooperation by officials and employees. (1) The board
shall cause a complete record to be kept of every prisoner
under the jurisdiction of the board released on parole or community custody. Such records shall be organized in accordance with the most modern methods of filing and indexing
so that there will be always immediately available complete
information about each such prisoner. Subject to information
sharing provisions related to mentally ill offenders, the end of
sentence review committee, and the department of corrections, the board may make rules as to the privacy of such
records and their use by others than the board and its staff.
Sex offenders convicted of crimes committed before July 1,
1984, who are under the board’s jurisdiction shall be subject
to the determinations of the end of sentence review committee regarding risk level and subject to sex offender registration and community notification. The board shall be immune
from liability for the release of information concerning sex
offenders as provided in RCW 4.24.550.
The superintendents of state correctional facilities and
all officers and employees thereof and all other public officials shall at all times cooperate with the board and furnish to
the board, its officers, and employees such information as
may be necessary to enable it to perform its functions, and
such superintendents and other employees shall at all times
give the members of the board, its officers, and employees
free access to all prisoners confined in the state correctional
facilities.
(2) Offenders sentenced under RCW 9.94A.507 shall be
subject to the determinations of the end of sentence review
committee regarding risk level and subject to sex offender
registration and community notification.
(3) The end of sentence review committee shall make
law enforcement notifications for offenders under board
jurisdiction on the same basis that it notifies law enforcement
regarding offenders sentenced under chapter 9.94A RCW for
crimes committed after July 1, 1984. [2009 c 28 § 29; 2001
9.95.140
(2010 Ed.)
Indeterminate Sentences
2nd sp.s. c 12 § 341; 1992 c 7 § 27; 1990 c 3 § 126; 1955 c
133 § 15. Prior: 1939 c 142 § 1, part; 1935 c 114 § 4, part;
RRS § 10249-4, part.]
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Washington state patrol identification and criminal history section: RCW
43.43.700 through 43.43.765.
Additional notes found at www.leg.wa.gov
9.95.143 Court-ordered treatment—Required disclosures. When an offender receiving court-ordered mental
health or chemical dependency treatment or treatment
ordered by the department of corrections presents for treatment from a mental health or chemical dependency treatment
provider, the offender must disclose to the mental health or
chemical dependency treatment provider whether he or she is
subject to supervision by the department of corrections. If an
offender has received relief from disclosure pursuant to RCW
9.94A.562, 70.96A.155, or 71.05.132, the offender must provide the mental health or chemical dependency treatment
provider with a copy of the order granting the relief. [2004 c
166 § 10.]
9.95.143
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
9.95.150 Rules and regulations. The board shall make
all necessary rules and regulations to carry out the provisions
of this chapter not inconsistent therewith, and may provide
the forms of all documents necessary therefor. [1999 c 143 §
26; 1955 c 133 § 16. Prior: 1939 c 142 § 1, part; 1935 c 114
§ 4, part; RRS § 10249-4, part.]
9.95.150
9.95.155 Rule making regarding sex offenders.
RCW 72.09.337.
9.95.155
See
9.95.160 Governor’s powers not affected—Revocation of paroles granted by board. This chapter shall not
limit or circumscribe the powers of the governor to commute
the sentence of, or grant a pardon to, any convicted person,
and the governor may cancel or revoke the parole granted to
any convicted person by the board. The written order of the
governor canceling or revoking such parole shall have the
same force and effect and be executed in like manner as an
order of the board. [1999 c 143 § 27; 1955 c 133 § 17. Prior:
1939 c 142 § 1, part; 1935 c 114 § 4, part; RRS § 10249-4,
part.]
9.95.160
9.95.170 Board to inform itself as to each convict—
Records from department of corrections. To assist it in
fixing the duration of a convicted person’s term of confinement, and in fixing the condition for release from custody on
parole, it shall not only be the duty of the board to thoroughly
inform itself as to the facts of such convicted person’s crime
but also to inform itself as thoroughly as possible as to such
convict as a personality. The department of corrections and
the institutions under its control shall make available to the
board on request its case investigations, any file or other
record, in order to assist the board in developing information
9.95.170
(2010 Ed.)
9.95.204
for carrying out the purpose of this section. [1999 c 143 § 28;
1981 c 136 § 40; 1979 c 141 § 5; 1967 c 134 § 13; 1935 c 114
§ 3; RRS § 10249-3.]
Additional notes found at www.leg.wa.gov
9.95.190 Application of RCW 9.95.010 through
9.95.170 to inmates previously committed. The provisions
of RCW 9.95.010 through 9.95.170, inclusive, shall apply to
all convicted persons serving time in a state correctional
facility for crimes committed before July 1, 1984, to the end
that at all times the same provisions relating to sentences,
imprisonments, and paroles of prisoners shall apply to all
inmates thereof. [2001 2nd sp.s. c 12 § 342; 1992 c 7 § 28;
1983 c 3 § 10; 1955 c 133 § 18. Prior: (i) 1939 c 142 § 1, part;
1935 c 114 § 4, part; RRS § 10249-4, part. (ii) 1947 c 92 § 2,
part; Rem. Supp. 1947 § 10249-2a, part.]
9.95.190
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.195 Final discharge of parolee—Restoration of
civil rights—Governor’s pardoning power not affected.
See RCW 9.96.050.
9.95.195
9.95.200 Probation by court—Investigation by secretary of corrections. After conviction by plea or verdict of
guilty of any crime, the court upon application or its own
motion, may summarily grant or deny probation, or at a subsequent time fixed may hear and determine, in the presence
of the defendant, the matter of probation of the defendant,
and the conditions of such probation, if granted. The court
may, in its discretion, prior to the hearing on the granting of
probation, refer the matter to the secretary of corrections or
such officers as the secretary may designate for investigation
and report to the court at a specified time, upon the circumstances surrounding the crime and concerning the defendant,
his prior record, and his family surroundings and environment. [1981 c 136 § 41; 1979 c 141 § 6; 1967 c 134 § 15;
1957 c 227 § 3. Prior: 1949 c 59 § 1; 1939 c 125 § 1, part;
1935 c 114 § 5; Rem. Supp. 1949 § 10249-5a.]
9.95.200
Rules of court: ER 410.
Suspending sentences: RCW 9.92.060.
Additional notes found at www.leg.wa.gov
9.95.204 Misdemeanant probation services—County
supervision. (1) When a superior court places a defendant
convicted of a misdemeanor or gross misdemeanor on probation and orders supervision under RCW 9.92.060 or 9.95.210,
the department of corrections has initial responsibility for
supervision of that defendant.
(2) A county legislative authority may assume responsibility for the supervision of all defendants within its jurisdiction who have been convicted of a misdemeanor or gross misdemeanor and sentenced to probation by a superior court.
The assumption of responsibility shall be made by contract
with the department of corrections on a biennial basis.
(3) If a county assumes supervision responsibility, the
county shall supervise all superior court misdemeanant pro9.95.204
[Title 9 RCW—page 201]
9.95.210
Title 9 RCW: Crimes and Punishments
bationers within that county for the duration of the biennium,
as set forth in the contract with the department of corrections.
(4) A contract between a county legislative authority and
the department of corrections for the transfer of supervision
responsibility must include, at a minimum, the following provisions:
(a) The county’s agreement to supervise all misdemeanant probationers who are sentenced by a superior court
within that county and who reside within that county;
(b) A reciprocal agreement regarding the supervision of
superior court misdemeanant probationers sentenced in one
county but who reside in another county;
(c) The county’s agreement to comply with the minimum
standards for classification and supervision of offenders as
required under *RCW 9.95.206;
(d) The amount of funds available from the department
of corrections to the county for supervision of superior court
misdemeanant probationers, calculated according to a formula established by the department of corrections;
(e) A method for the payment of funds by the department
of corrections to the county;
(f) The county’s agreement that any funds received by
the county under the contract will be expended only to cover
costs of supervision of superior court misdemeanant probationers;
(g) The county’s agreement to account to the department
of corrections for the expenditure of all funds received under
the contract and to submit to audits for compliance with the
supervision standards and financial requirements of this section;
(h) Provisions regarding rights and remedies in the event
of a possible breach of contract or default by either party; and
(i) Provisions allowing for voluntary termination of the
contract by either party, with good cause, after sixty days’
written notice.
(5) If the contract between the county and the department
of corrections is terminated for any reason, the department of
corrections shall reassume responsibility for supervision of
superior court misdemeanant probationers within that county.
In such an event, the department of corrections retains any
and all rights and remedies available by law and under the
contract.
(6) The state of Washington, the department of corrections and its employees, community corrections officers, and
volunteers who assist community corrections officers are not
liable for any harm caused by the actions of a superior court
misdemeanant probationer who is under the supervision of a
county. A county, its probation department and employees,
probation officers, and volunteers who assist probation officers are not liable for any harm caused by the actions of a
superior court misdemeanant probationer who is under the
supervision of the department of corrections. This subsection
applies regardless of whether the supervising entity is in
compliance with the standards of supervision at the time of
the misdemeanant probationer’s actions.
(7) The state of Washington, the department of corrections and its employees, community corrections officers, any
county under contract with the department of corrections pursuant to this section and its employees, probation officers,
and volunteers who assist community corrections officers
and probation officers in the superior court misdemeanant
[Title 9 RCW—page 202]
probation program are not liable for civil damages resulting
from any act or omission in the rendering of superior court
misdemeanant probation activities unless the act or omission
constitutes gross negligence. For purposes of this section,
"volunteers" is defined according to RCW 51.12.035.
(8) The provisions of RCW 9.94A.501 apply to sentences imposed under this section.
(9)(a) If a misdemeanant probationer requests permission to travel or transfer to another state, the assigned probation officer employed or contracted for by the county shall
determine whether such request is subject to RCW
9.94A.745, the interstate compact for adult offender supervision. If such request is subject to the compact, the probation
officer shall:
(i) Notify the department of corrections of the probationer’s request;
(ii) Provide the department of corrections with the supporting documentation it requests for processing an application for transfer;
(iii) Notify the probationer of the fee due to the department of corrections for processing an application under the
compact;
(iv) Cease supervision of the probationer while another
state supervises the probationer pursuant to the compact;
(v) Resume supervision if the probationer returns to this
state before the term of probation expires.
(b) The probationer shall receive credit for time served
while being supervised by another state. [2005 c 400 § 2;
2005 c 362 § 3; 1996 c 298 § 1.]
Reviser’s note: *(1) RCW 9.95.206 was repealed by 2009 c 375 § 16.
(2) This section was amended by 2005 c 362 § 3 and by 2005 c 400 §
2, each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Application—Effective date—2005 c 400: See notes following RCW
9.94A.74504.
Effective date—2005 c 362: See note following RCW 9.94A.501.
9.95.210 Conditions of probation. (1) In granting probation, the superior court may suspend the imposition or the
execution of the sentence and may direct that the suspension
may continue upon such conditions and for such time as it
shall designate, not exceeding the maximum term of sentence
or two years, whichever is longer.
(2) In the order granting probation and as a condition
thereof, the superior court may in its discretion imprison the
defendant in the county jail for a period not exceeding one
year and may fine the defendant any sum not exceeding the
statutory limit for the offense committed, and court costs. As
a condition of probation, the superior court shall require the
payment of the penalty assessment required by RCW
7.68.035. The superior court may also require the defendant
to make such monetary payments, on such terms as it deems
appropriate under the circumstances, as are necessary: (a) To
comply with any order of the court for the payment of family
support; (b) to make restitution to any person or persons who
may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads
guilty to a lesser offense or fewer offenses and agrees with
the prosecutor’s recommendation that the offender be
required to pay restitution to a victim of an offense or
9.95.210
(2010 Ed.)
Indeterminate Sentences
offenses which are not prosecuted pursuant to a plea agreement; (c) to pay such fine as may be imposed and court costs,
including reimbursement of the state for costs of extradition
if return to this state by extradition was required; (d) following consideration of the financial condition of the person subject to possible electronic monitoring, to pay for the costs of
electronic monitoring if that monitoring was required by the
court as a condition of release from custody or as a condition
of probation; (e) to contribute to a county or interlocal drug
fund; and (f) to make restitution to a public agency for the
costs of an emergency response under RCW 38.52.430, and
may require bonds for the faithful observance of any and all
conditions imposed in the probation.
(3) The superior court shall order restitution in all cases
where the victim is entitled to benefits under the crime victims’ compensation act, chapter 7.68 RCW. If the superior
court does not order restitution and the victim of the crime
has been determined to be entitled to benefits under the crime
victims’ compensation act, the department of labor and
industries, as administrator of the crime victims’ compensation program, may petition the superior court within one year
of imposition of the sentence for entry of a restitution order.
Upon receipt of a petition from the department of labor and
industries, the superior court shall hold a restitution hearing
and shall enter a restitution order.
(4) In granting probation, the superior court may order
the probationer to report to the secretary of corrections or
such officer as the secretary may designate and as a condition
of the probation to follow the instructions of the secretary. If
the county legislative authority has elected to assume responsibility for the supervision of superior court misdemeanant
probationers within its jurisdiction, the superior court misdemeanant probationer shall report to a probation officer
employed or contracted for by the county. In cases where a
superior court misdemeanant probationer is sentenced in one
county, but resides within another county, there must be provisions for the probationer to report to the agency having
supervision responsibility for the probationer’s county of residence.
(5) If the probationer has been ordered to make restitution and the superior court has ordered supervision, the
officer supervising the probationer shall make a reasonable
effort to ascertain whether restitution has been made. If the
superior court has ordered supervision and restitution has not
been made as ordered, the officer shall inform the prosecutor
of that violation of the terms of probation not less than three
months prior to the termination of the probation period. The
secretary of corrections will promulgate rules and regulations
for the conduct of the person during the term of probation.
For defendants found guilty in district court, like functions as
the secretary performs in regard to probation may be performed by probation officers employed for that purpose by
the county legislative authority of the county wherein the
court is located.
(6) The provisions of RCW 9.94A.501 apply to sentences imposed under this section. [2005 c 362 § 4; 1996 c
298 § 3; 1995 1st sp.s. c 19 § 29; 1995 c 33 § 6; 1993 c 251 §
3; 1992 c 86 § 1; 1987 c 202 § 146; 1984 c 46 § 1; 1983 c 156
§ 4; 1982 1st ex.s. c 47 § 10; 1982 1st ex.s. c 8 § 5; 1981 c 136
§ 42; 1980 c 19 § 1. Prior: 1979 c 141 § 7; 1979 c 29 § 2;
1969 c 29 § 1; 1967 c 200 § 8; 1967 c 134 § 16; 1957 c 227 §
(2010 Ed.)
9.95.220
4; prior: 1949 c 77 § 1; 1939 c 125 § 1, part; Rem. Supp.
1949 § 10249-5b.]
Effective date—2005 c 362: See note following RCW 9.94A.501.
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
Finding—Intent—1993 c 251: See note following RCW 38.52.430.
Intent—1987 c 202: See note following RCW 2.04.190.
Intent—Reports—1982 1st ex.s. c 8: See note following RCW
7.68.035.
Restitution
alternative to fine: RCW 9A.20.030.
condition to suspending sentence: RCW 9.92.060.
disposition when victim not found or dead: RCW 7.68.290.
Termination of suspended sentence, restoration of civil rights: RCW
9.92.066.
Violations of probation conditions, rearrest, detention: RCW 72.04A.090.
Additional notes found at www.leg.wa.gov
9.95.214 Assessment for supervision of misdemeanant probationers. Whenever a defendant convicted of
a misdemeanor or gross misdemeanor is placed on probation
under RCW 9.92.060 or 9.95.210, and the defendant is supervised by the department of corrections or a county probation
department, the department or county probation department
may assess and collect from the defendant for the duration of
the term of supervision a monthly assessment not to exceed
one hundred dollars per month. This assessment shall be paid
to the agency supervising the defendant and shall be applied,
along with funds appropriated by the legislature, toward the
payment or part payment of the cost of supervising the defendant. The department or county probation department shall
suspend such assessment while the defendant is being supervised by another state pursuant to RCW 9.94A.745, the interstate compact for adult offender supervision. [2005 c 400 §
3; 1996 c 298 § 4; 1995 1st sp.s. c 19 § 32.]
9.95.214
Application—Effective date—2005 c 400: See notes following RCW
9.94A.74504.
Findings—Purpose—Short title—Severability—Effective date—
1995 1st sp.s. c 19: See notes following RCW 72.09.450.
9.95.215 Counties may provide probation and parole
services. See RCW 36.01.070.
9.95.215
9.95.220 Violation of probation—Rearrest—Imprisonment. (1) Except as provided in subsection (2) of this section, whenever the state parole officer or other officer under
whose supervision the probationer has been placed shall have
reason to believe such probationer is violating the terms of
his or her probation, or engaging in criminal practices, or is
abandoned to improper associates, or living a vicious life, he
or she shall cause the probationer to be brought before the
court wherein the probation was granted. For this purpose
any peace officer or state parole officer may rearrest any such
person without warrant or other process. The court may
thereupon in its discretion without notice revoke and terminate such probation. In the event the judgment has been pronounced by the court and the execution thereof suspended,
the court may revoke such suspension, whereupon the judgment shall be in full force and effect, and the defendant shall
be delivered to the sheriff to be transported to the penitentiary
or reformatory as the case may be. If the judgment has not
9.95.220
[Title 9 RCW—page 203]
9.95.230
Title 9 RCW: Crimes and Punishments
been pronounced, the court shall pronounce judgment after
such revocation of probation and the defendant shall be delivered to the sheriff to be transported to the penitentiary or
reformatory, in accordance with the sentence imposed.
(2) If a probationer is being supervised by the department of corrections pursuant to RCW 9.95.204, the department shall have authority to issue a warrant for the arrest of
an offender who violates a condition of community custody,
as provided in RCW 9.94A.716. Any sanctions shall be
imposed by the department pursuant to RCW 9.94A.737.
The department shall provide a copy of the violation hearing
report to the sentencing court in a timely manner. Nothing in
this subsection is intended to limit the power of the sentencing court to respond to a probationer’s violation of conditions. [2009 c 375 § 11; 1957 c 227 § 5. Prior: 1939 c 125 §
1, part; RRS § 10249-5c.]
(b) The clerk of the court in which the vacation order is
entered shall immediately transmit the order vacating the
conviction to the Washington state patrol identification section and to the local police agency, if any, which holds criminal history information for the person who is the subject of
the conviction. The Washington state patrol and any such
local police agency shall immediately update their records to
reflect the vacation of the conviction, and shall transmit the
order vacating the conviction to the federal bureau of investigation. A conviction that has been vacated under this section
may not be disseminated or disclosed by the state patrol or
local law enforcement agency to any person, except other
criminal justice enforcement agencies.
(3) This section does not apply to chapter 18.130 RCW.
[2008 c 134 § 27; 2003 c 66 § 1; 1957 c 227 § 7. Prior: 1939
c 125 § 1, part; RRS § 10249-5e.]
Application—2009 c 375: See note following RCW 9.94A.501.
Finding—Intent—Severability—2008 c 134: See notes following
RCW 18.130.020.
Additional notes found at www.leg.wa.gov
Gambling commission—Denial, suspension, or revocation of license, permit—Other provisions not applicable: RCW 9.46.075.
9.95.230
9.95.230 Court revocation or termination of probation. The court shall have authority at any time prior to the
entry of an order terminating probation to (1) revoke, modify,
or change its order of suspension of imposition or execution
of sentence; (2) it may at any time, when the ends of justice
will be subserved thereby, and when the reformation of the
probationer shall warrant it, terminate the period of probation, and discharge the person so held. [1982 1st ex.s. c 47 §
11; 1957 c 227 § 6. Prior: 1939 c 125 § 1, part; RRS § 102495d.]
Additional notes found at www.leg.wa.gov
9.95.240
9.95.240 Dismissal of information or indictment after
probation completed—Vacation of conviction. (1) Every
defendant who has fulfilled the conditions of his or her probation for the entire period thereof, or who shall have been
discharged from probation prior to the termination of the
period thereof, may at any time prior to the expiration of the
maximum period of punishment for the offense for which he
or she has been convicted be permitted in the discretion of the
court to withdraw his or her plea of guilty and enter a plea of
not guilty, or if he or she has been convicted after a plea of
not guilty, the court may in its discretion set aside the verdict
of guilty; and in either case, the court may thereupon dismiss
the information or indictment against such defendant, who
shall thereafter be released from all penalties and disabilities
resulting from the offense or crime of which he or she has
been convicted. The probationer shall be informed of this
right in his or her probation papers: PROVIDED, That in any
subsequent prosecution, for any other offense, such prior
conviction may be pleaded and proved, and shall have the
same effect as if probation had not been granted, or the information or indictment dismissed.
(2)(a) After the period of probation has expired, the
defendant may apply to the sentencing court for a vacation of
the defendant’s record of conviction under RCW 9.94A.640.
The court may, in its discretion, clear the record of conviction
if it finds the defendant has met the equivalent of the tests in
RCW 9.94A.640(2) as those tests would be applied to a person convicted of a crime committed before July 1, 1984.
[Title 9 RCW—page 204]
Juvenile courts, probation officers: RCW 13.04.040, 13.04.050.
State lottery commission—Denial, suspension, and revocation of licenses—
Other provisions not applicable: RCW 67.70.090.
Additional notes found at www.leg.wa.gov
9.95.250 Community corrections officers. In order to
carry out the provisions of this chapter 9.95 RCW the parole
officers working under the supervision of the secretary of
corrections shall be known as community corrections officers. [2001 2nd sp.s. c 12 § 343; 1981 c 136 § 43; 1979 c 141
§ 8; 1967 c 134 § 17; 1957 c 227 § 8. Prior: 1939 c 125 § 1,
part; RRS § 10249-5f.]
9.95.250
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Juvenile courts, probation officers: RCW 13.04.040, 13.04.050.
Additional notes found at www.leg.wa.gov
9.95.260 Indeterminate sentence review board—
Supervision of conditionally pardoned persons—Hearing. (1) The indeterminate sentence review board shall,
when requested by the governor, pass on the representations
made in support of applications for pardons for convicted
persons and make recommendations thereon to the governor.
(2) It will be the duty of the secretary of corrections to
exercise supervision over such convicted persons as have
been conditionally pardoned by the governor, to the end that
such persons shall faithfully comply with the conditions of
such pardons. The indeterminate sentence review board shall
also pass on any representations made in support of applications for restoration of civil rights of convicted persons, and
make recommendations to the governor. The department of
corrections shall prepare materials and make investigations
requested by the indeterminate sentence review board in
order to assist the board in passing on the representations
made in support of applications for pardon or for the restoration of civil rights.
(3) The board shall make no recommendations to the
governor in support of an application for pardon until a public
hearing has been held u nd er th is section or R CW
9.95.260
(2010 Ed.)
Indeterminate Sentences
9.94A.885(3) upon the application. The prosecuting attorney
of the county where the conviction was obtained shall be
notified at least thirty days prior to the scheduled hearing that
an application for pardon has been filed and the date and
place at which the hearing on the application for pardon will
be held. The board may waive the thirty-day notice requirement in cases where it determines that waiver is necessary to
permit timely action on the petition. A copy of the application
for pardon shall be sent to the prosecuting attorney. The prosecuting attorney shall make reasonable efforts to notify victims, survivors of victims, witnesses, and the law enforcement agency or agencies that conducted the investigation of
the date and place of the hearing. Information regarding victims, survivors of victims, or witnesses receiving this notice
are confidential and shall not be available to the offender.
The board shall consider written, oral, audio, or videotaped
statements regarding the application for pardon received, personally or by representation, from the individuals who
receive notice pursuant to this section. This subsection is
intended solely for the guidance of the board. Nothing in this
section is intended or may be relied upon to create a right or
benefit, substantive or procedural, enforceable at law by any
person. [1999 c 323 § 4; 1999 c 143 § 29; 1981 c 136 § 44;
1979 c 141 § 9; 1967 c 134 § 14; 1935 c 114 § 7; RRS §
10249-7.]
Reviser’s note: This section was amended by 1999 c 143 § 29 and by
1999 c 323 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—1999 c 323: See note following RCW 9.94A.885.
Additional notes found at www.leg.wa.gov
9.95.265 Report to governor and legislature. The
board shall transmit to the governor and to the legislature, as
often as the governor may require it, a report of its work, in
which shall be given such information as may be relevant.
[1999 c 143 § 30; 1977 c 75 § 5; 1955 c 340 § 11. Prior: 1945
c 155 § 1, part; 1935 c 114 § 8, part; Rem. Supp. 1945 §
10249-8, part. Formerly RCW 43.67.040.]
9.95.265
9.95.267 Transfer of certain powers and duties of
board to secretary of corrections. See RCW 72.04A.050.
9.95.267
9.95.270 Compacts for out-of-state supervision of
parolees or probationers—Uniform act. The governor of
this state is hereby authorized to execute a compact on behalf
of the state of Washington with any of the United States
legally joining therein in the form substantially as follows:
A compact entered into by and among the contracting
states, signatories hereto, with the consent of the congress of
the United States of America, granted by an act entitled "An
Act granting the consent of congress to any two or more
states to enter into agreements or compacts for cooperative
effort and mutual assistance in the prevention of crime and
for other purposes."
The contracting states solemnly agree:
(1) That it shall be competent for the duly constituted
judicial and administrative authorities of a state, party to this
compact, (herein called "sending state"), to permit any person
convicted of an offense within such state and placed on probation or released on parole to reside in any other state party
9.95.270
(2010 Ed.)
9.95.270
to this compact, (herein called "receiving state"), while on
probation or parole, if
(a) Such person is in fact a resident of or has his family
residing within the receiving state and can obtain employment there;
(b) Though not a resident of the receiving state and not
having his family residing there, the receiving state consents
to such person being sent there.
Before granting such permission, opportunity shall be
granted to the receiving state to investigate the home and prospective employment of such person.
A resident of the receiving state, within the meaning of
this section, is one who has been an actual inhabitant of such
state continuously for more than one year prior to his coming
to the sending state and has not resided within the sending
state more than six continuous months immediately preceding the commission of the offense for which he has been convicted.
(2) That each receiving state will assume the duties of
visitation of and supervision over probationers or parolees of
any sending state and in the exercise of those duties will be
governed by the same standards that prevail for its own probationers and parolees.
(3) That duly accredited officers of a sending state may
at all times enter a receiving state and there apprehend and
retake any person on probation or parole. For that purpose no
formalities will be required other than establishing the
authority of the officer and the identity of the person to be
retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of
states party hereto, as to such persons. The decision of the
sending state to retake a person on probation or parole shall
be conclusive upon and not reviewable within the receiving
state: PROVIDED, HOWEVER, That if at the time when a
state seeks to retake a probationer or parolee there should be
pending against him within the receiving state any criminal
charge, or he should be suspected of having committed
within such state a criminal offense, he shall not be retaken
without the consent of the receiving state until discharged
from prosecution or from imprisonment for such offense.
(4) That the duly accredited officers of the sending state
will be permitted to transport prisoners being retaken through
any and all states parties to this compact, without interference.
(5) That the governor of each state may designate an
officer who, acting jointly with like officers of other contracting states, if and when appointed, shall promulgate such rules
and regulations as may be deemed necessary to more effectively carry out the terms of this compact.
(6) That this compact shall become operative immediately upon its execution by any state as between it and any
other state or states so executing. When executed it shall have
the full force and effect of law within such state, the form of
execution to be in accordance with the laws of the executing
state.
(7) That this compact shall continue in force and remain
binding upon each executing state until renounced by it. The
duties and obligations hereunder of a renouncing state shall
continue as to parolees or probationers residing therein at the
time of withdrawal until retaken or finally discharged by the
sending state. Renunciation of this compact shall be by the
[Title 9 RCW—page 205]
9.95.280
Title 9 RCW: Crimes and Punishments
same authority which executed it, by sending six months’
notice in writing of its intention to withdraw from the compact to the other states, party hereto. [1937 c 92 § 1; RRS §
10249-11.]
Interstate compact on juveniles: Chapter 13.24 RCW.
Additional notes found at www.leg.wa.gov
9.95.280 Return of parole violators from another
state—Deputizing out-of-state officers. The board may
deputize any person (regularly employed by another state) to
act as an officer and agent of this state in effecting the return
of any person convicted of a crime committed before July 1,
1984, who has violated the terms and conditions of parole or
probation as granted by this state. In any matter relating to the
return of such a person, any agent so deputized shall have all
the powers of a police officer of this state. [2001 2nd sp.s. c
12 § 344; 1999 c 143 § 31; 1955 c 183 § 1.]
9.95.280
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.290 Return of parole violators from another
state—Deputization procedure. Any deputization pursuant
to this statute with regard to an offender convicted of a crime
committed before July 1, 1984, shall be in writing and any
person authorized to act as an agent of this state pursuant
hereto shall carry formal evidence of his or her deputization
and shall produce the same upon demand. [2001 2nd sp.s. c
12 § 345; 1955 c 183 § 2.]
9.95.290
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.300 Return of parole violators from another
state—Contracts to share costs. The board may enter into
contracts with similar officials of any other state or states for
the purpose of sharing an equitable portion of the cost of
effecting the return of any person who has violated the terms
and conditions of parole, probation, or community custody as
granted by this state. [2001 2nd sp.s. c 12 § 346; 1999 c 143
§ 32; 1955 c 183 § 3.]
9.95.300
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.310 Assistance for parolees, work release, and
discharged prisoners—Declaration of purpose. The purpose of RCW 9.95.310 through 9.95.370 is to provide necessary assistance, other than assistance which is authorized to
be provided under the vocational rehabilitation laws, Title
28A RCW, under the public assistance laws, Title 74 RCW or
the employment security department or other state agency,
for parolees, inmates assigned to work/training release facilities, discharged prisoners and persons convicted of a felony
committed before July 1, 1984, and granted probation in need
and whose capacity to earn a living under these circumstances is impaired; and to help such persons attain self-care
and/or self-support for rehabilitation and restoration to inde9.95.310
[Title 9 RCW—page 206]
pendence as useful citizens as rapidly as possible thereby
reducing the number of returnees to the institutions of this
state to the benefit of such person and society as a whole.
[2001 2nd sp.s. c 12 § 347; 1986 c 125 § 1; 1971 ex.s. c 31 §
1; 1961 c 217 § 2.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.320 Assistance for parolees, work release, and
discharged prisoners—Subsistence payments—Terms
and conditions. The secretary of corrections or his or her
designee may provide to any parolee, inmate assigned to a
work/training release facility, discharged prisoner and persons convicted of a felony committed before July 1, 1984,
and granted probation in need and without necessary means,
from any funds legally available therefor, such reasonable
sums as he or she deems necessary for the subsistence of such
person and his or her family until such person has become
gainfully employed. Such aid may be made under such terms
and conditions, and through local parole or probation officers
if necessary, as the secretary of corrections or his or her designee may require and shall be supplementary to any moneys
which may be provided under public assistance or from any
other source. [2001 2nd sp.s. c 12 § 348; 1986 c 125 § 2;
1981 c 136 § 45; 1971 ex.s. c 31 § 2; 1961 c 217 § 3.]
9.95.320
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.95.330 Assistance for parolees, work release, and
discharged prisoners—Department may accept gifts and
make expenditures. The department of corrections may
accept any devise, bequest, gift, grant, or contribution made
for the purposes of RCW 9.95.310 through 9.95.370 and the
secretary of corrections or his designee may make expenditures, or approve expenditures by local parole or probation
officers, therefrom for the purposes of RCW 9.95.310
through 9.95.370 in accordance with the rules of the department of corrections. [1981 c 136 § 46; 1971 ex.s. c 31 § 3;
1961 c 217 § 4.]
9.95.330
Additional notes found at www.leg.wa.gov
9.95.340 Assistance for parolees, work release, and
discharged prisoners—Use and repayment of funds
belonging to absconders. Any funds in the hands of the
department of corrections, or which may come into its hands,
which belong to discharged prisoners, inmates assigned to
work/training release facilities, parolees or persons convicted
of a felony and granted probation who absconded, or whose
whereabouts are unknown, shall be deposited in the community services revolving fund. Said funds shall be used to
defray the expenses of clothing and other necessities and for
transporting discharged prisoners, inmates assigned to
work/training release facilities, parolees and persons convicted of a felony and granted probation who are without
means to secure the same. All payments disbursed from these
funds shall be repaid, whenever possible, by discharged pris9.95.340
(2010 Ed.)
Indeterminate Sentences
9.95.420
or financial institutions as it may select which shall give to
the department a surety bond executed by a surety company
authorized to do business in this state, or collateral eligible as
security for deposit of state funds in at least the full amount of
deposit.
This section applies to persons convicted of a felony
committed before July 1, 1984. [2001 2nd sp.s. c 12 § 351;
1986 c 125 § 5; 1981 c 136 § 49; 1971 ex.s. c 31 § 6; 1961 c
217 § 7.]
oners, inmates assigned to work/training release facilities,
parolees and persons convicted of a felony and granted probation for whose benefit they are made. Whenever any
money belonging to such persons is so paid into the revolving
fund, it shall be repaid to them in accordance with law if a
claim therefor is filed with the department of corrections
within five years of deposit into said fund and upon a clear
showing of a legal right of such claimant to such money. This
section applies to persons convicted of a felony committed
before July 1, 1984. [2001 2nd sp.s. c 12 § 349; 1986 c 125
§ 3; 1981 c 136 § 47; 1971 ex.s. c 31 § 4; 1961 c 217 § 5.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.95.350 Assistance for parolees, work release, and
discharged prisoners—Use and accounting of funds or
property. All money or other property paid or delivered to a
community corrections officer or employee of the department
of corrections by or for the benefit of any discharged prisoner, inmate assigned to a work/training release facility,
parolee or persons convicted of a felony and granted probation shall be immediately transmitted to the department of
corrections and it shall enter the same upon its books to his or
her credit. Such money or other property shall be used only
under the direction of the department of corrections.
If such person absconds, the money shall be deposited in
the revolving fund created by RCW 9.95.360, and any other
property, if not called for within one year, shall be sold by the
department of corrections and the proceeds credited to the
revolving fund.
If any person, files a claim within five years after the
deposit or crediting of such funds, and satisfies the department of corrections that he or she is entitled thereto, the
department may make a finding to that effect and may make
payment to the claimant in the amount to which he or she is
entitled.
This section applies to persons convicted of a felony
committed before July 1, 1984. [2001 2nd sp.s. c 12 § 350;
1986 c 125 § 4; 1981 c 136 § 48; 1971 ex.s. c 31 § 5; 1961 c
217 § 6.]
9.95.350
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.95.360 Assistance for parolees, work release, and
discharged prisoners—Community services revolving
fund. The department of corrections shall create, maintain,
and administer outside the state treasury a permanent revolving fund to be known as the "community services revolving
fund" into which shall be deposited all moneys received by it
under RCW 9.95.310 through 9.95.370 and any appropriation
made for the purposes of RCW 9.95.310 through 9.95.370.
All expenditures from this revolving fund shall be made by
check or voucher signed by the secretary of corrections or his
or her designee. The community services revolving fund shall
be deposited by the department of corrections in such banks
9.95.360
(2010 Ed.)
Additional notes found at www.leg.wa.gov
9.95.370 Assistance for parolees and discharged prisoners—Repayment agreement. The secretary of corrections or his or her designee shall enter into a written agreement with every person receiving funds under RCW 9.95.310
through 9.95.370 that such person will repay such funds
under the terms and conditions in said agreement. No person
shall receive funds until such an agreement is validly made.
This section applies to persons convicted of a felony committed before July 1, 1984. [2001 2nd sp.s. c 12 § 352; 1981 c
136 § 50; 1971 ex.s. c 31 § 7; 1961 c 217 § 8.]
9.95.370
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9.95.420 Sex offenders—End of sentence review—
Victim input. (1)(a) Except as provided in (c) of this subsection, before the expiration of the minimum term, as part of the
end of sentence review process under RCW 72.09.340,
72.09.345, and where appropriate, 72.09.370, the department
shall conduct, and the offender shall participate in, an examination of the offender, incorporating methodologies that are
recognized by experts in the prediction of sexual dangerousness, and including a prediction of the probability that the
offender will engage in sex offenses if released.
(b) The board may contract for an additional, independent examination, subject to the standards in this section.
(c) If at the time the sentence is imposed by the superior
court the offender’s minimum term has expired or will expire
within one hundred twenty days of the sentencing hearing,
the department shall conduct, within ninety days of the
offender’s arrival at a department of corrections facility, and
the offender shall participate in, an examination of the
offender, incorporating methodologies that are recognized by
experts in the prediction of sexual dangerousness, and including a prediction of the probability that the offender will
engage in sex offenses if released.
(2) The board shall impose the conditions and instructions provided for in RCW 9.94A.704. The board shall consider the department’s recommendations and may impose
conditions in addition to those recommended by the department. The board may impose or modify conditions of community custody following notice to the offender.
(3)(a) Except as provided in (b) of this subsection, no
later than ninety days before expiration of the minimum term,
9.95.420
[Title 9 RCW—page 207]
9.95.425
Title 9 RCW: Crimes and Punishments
but after the board receives the results from the end of sentence review process and the recommendations for additional
or modified conditions of community custody from the
department, the board shall conduct a hearing to determine
whether it is more likely than not that the offender will
engage in sex offenses if released on conditions to be set by
the board. The board may consider an offender’s failure to
participate in an evaluation under subsection (1) of this section in determining whether to release the offender. The
board shall order the offender released, under such affirmative and other conditions as the board determines appropriate,
unless the board determines by a preponderance of the evidence that, despite such conditions, it is more likely than not
that the offender will commit sex offenses if released. If the
board does not order the offender released, the board shall
establish a new minimum term as provided in RCW 9.95.011.
(b) If at the time the offender’s minimum term has
expired or will expire within one hundred twenty days of the
offender’s arrival at a department of correction’s facility,
then no later than one hundred twenty days after the
offender’s arrival at a department of corrections facility, but
after the board receives the results from the end of sentence
review process and the recommendations for additional or
modified conditions of community custody from the department, the board shall conduct a hearing to determine whether
it is more likely than not that the offender will engage in sex
offenses if released on conditions to be set by the board. The
board may consider an offender’s failure to participate in an
evaluation under subsection (1) of this section in determining
whether to release the offender. The board shall order the
offender released, under such affirmative and other conditions as the board determines appropriate, unless the board
determines by a preponderance of the evidence that, despite
such conditions, it is more likely than not that the offender
will commit sex offenses if released. If the board does not
order the offender released, the board shall establish a new
minimum term as provided in RCW 9.95.011.
(4) In a hearing conducted under subsection (3) of this
section, the board shall provide opportunities for the victims
of any crimes for which the offender has been convicted to
present statements as set forth in RCW 7.69.032. The procedures for victim input shall be developed by rule. To facilitate victim involvement, county prosecutor’s offices shall
ensure that any victim impact statements and known contact
information for victims of record are forwarded as part of the
judgment and sentence. [2009 c 138 § 3; (2009 c 138 § 2
expired August 1, 2009); 2008 c 231 § 44; 2007 c 363 § 2;
2006 c 313 § 2; 2002 c 174 § 1; 2001 2nd sp.s. c 12 § 306.]
Effective date—2009 c 138 § 3: "Section 3 of this act takes effect
August 1, 2009." [2009 c 138 § 7.]
Expiration date—2009 c 138 § 2: "Section 2 of this act expires August
1, 2009." [2009 c 138 § 6.]
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Effective date—2002 c 174: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 27, 2002]." [2002 c 174 § 3.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
[Title 9 RCW—page 208]
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.425 Sex offenders—Postrelease violations. (1)
Whenever the board or a community corrections officer of
this state has reason to believe an offender released under
RCW 9.95.420 has violated a condition of community custody or the laws of this state, any community corrections
officer may arrest or cause the arrest and detention of the
offender pending a determination by the board whether sanctions should be imposed or the offender’s community custody should be revoked. The community corrections officer
shall report all facts and circumstances surrounding the
alleged violation to the board, with recommendations.
(2) If the board or the department causes the arrest or
detention of an offender for a violation that does not amount
to a new crime and the offender is arrested or detained by
local law enforcement or in a local jail, the board or department, whichever caused the arrest or detention, shall be
financially responsible for local costs. Jail bed costs shall be
allocated at the rate established under RCW 9.94A.740.
[2009 c 28 § 30; 2001 2nd sp.s. c 12 § 307.]
9.95.425
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.430 Sex offenders—Postrelease arrest. Any
offender released under RCW 9.95.420 who is arrested and
detained in physical custody by the authority of a community
corrections officer, or upon the written order of the board,
shall not be released from custody on bail or personal recognizance, except upon approval of the board and the issuance
by the board of an order reinstating the offender’s release on
the same or modified conditions. All chiefs of police, marshals of cities and towns, sheriffs of counties, and all police,
prison, and peace officers and constables shall execute any
such order in the same manner as any ordinary criminal process. [2001 2nd sp.s. c 12 § 308.]
9.95.430
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.435 Sex offenders—Postrelease transfer to more
restrictive confinement. (1) If an offender released by the
board under RCW 9.95.420 violates any condition or requirement of community custody, the board may transfer the
offender to a more restrictive confinement status to serve up
to the remaining portion of the sentence, less credit for any
period actually spent in community custody or in detention
awaiting disposition of an alleged violation and subject to the
limitations of subsection (2) of this section.
(2) Following the hearing specified in subsection (3) of
this section, the board may impose sanctions such as work
release, home detention with electronic monitoring, work
crew, community restitution, inpatient treatment, daily
reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, or any other
sanctions available in the community, or may suspend the
9.95.435
(2010 Ed.)
Indeterminate Sentences
release and sanction up to sixty days’ confinement in a local
correctional facility for each violation, or revoke the release
to community custody whenever an offender released by the
board under RCW 9.95.420 violates any condition or requirement of community custody.
(3) If an offender released by the board under RCW
9.95.420 is accused of violating any condition or requirement
of community custody, he or she is entitled to a hearing
before the board or a designee of the board prior to the imposition of sanctions. The hearing shall be considered as
offender disciplinary proceedings and shall not be subject to
chapter 34.05 RCW. The board shall develop hearing procedures and a structure of graduated sanctions consistent with
the hearing procedures and graduated sanctions developed
pursuant to RCW 9.94A.737. The board may suspend the
offender’s release to community custody and confine the
offender in a correctional institution owned, operated by, or
operated under contract with the state prior to the hearing
unless the offender has been arrested and confined for a new
criminal offense.
(4) The hearing procedures required under subsection (3)
of this section shall be developed by rule and include the following:
(a) Hearings shall be conducted by members or designees of the board unless the board enters into an agreement
with the department to use the hearing officers established
under RCW 9.94A.737;
(b) The board shall provide the offender with findings
and conclusions which include the evidence relied upon, and
the reasons the particular sanction was imposed. The board
shall notify the offender of the right to appeal the sanction
and the right to file a personal restraint petition under court
rules after the final decision of the board;
(c) The hearing shall be held unless waived by the
offender, and shall be electronically recorded. For offenders
not in total confinement, the hearing shall be held within
thirty days of service of notice of the violation, but not less
than twenty-four hours after notice of the violation. For
offenders in total confinement, the hearing shall be held
within thirty days of service of notice of the violation, but not
less than twenty-four hours after notice of the violation. The
board or its designee shall make a determination whether
probable cause exists to believe the violation or violations
occurred. The determination shall be made within forty-eight
hours of receipt of the allegation;
(d) The offender shall have the right to: (i) Be present at
the hearing; (ii) have the assistance of a person qualified to
assist the offender in the hearing, appointed by the presiding
hearing officer if the offender has a language or communications barrier; (iii) testify or remain silent; (iv) call witnesses
and present documentary evidence; (v) question witnesses
who appear and testify; and (vi) be represented by counsel if
revocation of the release to community custody upon a finding of violation is a probable sanction for the violation. The
board may not revoke the release to community custody of
any offender who was not represented by counsel at the hearing, unless the offender has waived the right to counsel; and
(e) The sanction shall take effect if affirmed by the presiding hearing officer.
(5) Within seven days after the presiding hearing
officer’s decision, the offender may appeal the decision to the
(2010 Ed.)
9.95.900
full board or to a panel of three reviewing examiners designated by the chair of the board or by the chair’s designee.
The sanction shall be reversed or modified if a majority of the
panel finds that the sanction was not reasonably related to any
of the following: (a) The crime of conviction; (b) the violation committed; (c) the offender’s risk of reoffending; or (d)
the safety of the community.
(6) For purposes of this section, no finding of a violation
of conditions may be based on unconfirmed or unconfirmable
allegations. [2007 c 363 § 3; 2003 c 218 § 1; 2002 c 175 § 17;
2001 2nd sp.s. c 12 § 309.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.440 Sex offenders—Reinstatement of release. In
the event the board suspends the release status of an offender
released under RCW 9.95.420 by reason of an alleged violation of a condition of release, or pending disposition of a new
criminal charge, the board may nullify the suspension order
and reinstate release under previous conditions or any new
conditions the board determines advisable under RCW
9.94A.704. Before the board may nullify a suspension order
and reinstate release, it shall determine that the best interests
of society and the offender shall be served by such reinstatement rather than return to confinement. [2008 c 231 § 45;
2003 c 218 § 6; 2001 2nd sp.s. c 12 § 310.]
9.95.440
Intent—Application—Application of repealers—Effective date—
2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9.95.900 Application of certain laws to felonies committed before, on, or after certain dates. (1) Except as provided in subsection (2) of this section, the following sections
of law do not apply to any felony offense committed on or
after July 1, 1984: RCW 9.95.010, 9.95.011, 9.95.013,
9.95.015, 9.95.017, 9.95.040, 9.95.045, 9.95.047, 9.95.052,
9.95.080, 9.95.100, 9.95.115, 9.95.116, 9.95.120, 9.95.124,
9.95.125, 9.95.130, 9.95.190, 9.95.200, 9.95.204, *9.95.206,
9.95.210, *9.95.212, 9.95.214, 9.95.220, 9.95.230, 9.95.240,
9.95.250, 9.95.260, 9.95.265, 9.95.280, 9.95.290, 9.95.310,
9.95.320, 9.95.330, 9.95.340, 9.95.350, 9.95.360, 9.95.370,
72.04A.070, and 72.04A.080.
(2) The following sections apply to any felony offense
committed before July 1, 1984, and to any offense sentenced
under RCW 9.94A.507 and committed on or after July 1,
2001: RCW 9.95.003, 9.95.005, 9.95.007, 9.95.020,
9.95.030, 9.95.031, 9.95.032, 9.95.055, 9.95.060, 9.95.062,
9.95.063, 9.95.064, 9.95.070, 9.95.090, 9.95.110, 9.95.121,
9.95.122, 9.95.123, 9.95.126, 9.95.140, 9.95.150, 9.95.160,
9.95.170, 9.95.300, and 9.96.050. [2009 c 28 § 31; 2001 2nd
sp.s. c 12 § 353; 1981 c 137 § 32.]
9.95.900
*Reviser’s note: RCW 9.95.206 and 9.95.212 were repealed by 2009 c
375 § 16.
Effective date—2009 c 28: See note following RCW 2.24.040.
[Title 9 RCW—page 209]
Chapter 9.96
Title 9 RCW: Crimes and Punishments
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
named therein, who shall record the same in the journal of the
court and index the same in the execution docket of the cause
in which the conviction was had. [1931 c 19 § 3; 1929 c 26 §
4; RRS § 10252.]
9.96.040 Copy of instrument restoring civil rights as
evidence. See RCW 5.44.090.
9.96.040
Chapter 9.96
Chapter 9.96 RCW
RESTORATION OF CIVIL RIGHTS
9.96.050 Final discharge of parolee—Restoration of
civil rights—Governor’s pardoning power not affected.
(1)(a) When an offender on parole has performed all obligations of his or her release, including any and all legal financial obligations, for such time as shall satisfy the indeterminate sentence review board that his or her final release is not
incompatible with the best interests of society and the welfare
of the paroled individual, the board may make a final order of
discharge and issue a certificate of discharge to the offender.
(b) The board retains the jurisdiction to issue a certificate
of discharge after the expiration of the offender’s or parolee’s
maximum statutory sentence. If not earlier granted and any
and all legal financial obligations have been paid, the board
shall issue a final order of discharge three years from the date
of parole unless the parolee is on suspended or revoked status
at the expiration of the three years.
(c) The discharge, regardless of when issued, shall have
the effect of restoring all civil rights not already restored by
RCW 29A.08.520, and the certification of discharge shall so
state.
(d) This restoration of civil rights shall not restore the
right to receive, possess, own, or transport firearms.
(e) The board shall issue a certificate of discharge to the
offender in person or by mail to the offender’s last known
address.
(2) The board shall send to the department of corrections
a copy of every signed certificate of discharge for offender
sentences under the authority of the department of corrections.
(3) The discharge provided for in this section shall be
considered as a part of the sentence of the convicted person
and shall not in any manner be construed as affecting the
powers of the governor to pardon any such person. [2009 c
325 § 4. Prior: 2007 c 363 § 4; 2007 c 171 § 2; 2002 c 16 §
3; 1993 c 140 § 4; 1980 c 75 § 1; 1961 c 187 § 1.]
9.96.050
Sections
9.96.010
9.96.020
9.96.030
9.96.040
9.96.050
9.96.060
Restoration of civil rights.
Form of certificate.
Certified copy—Recording and indexing.
Copy of instrument restoring civil rights as evidence.
Final discharge of parolee—Restoration of civil rights—Governor’s pardoning power not affected.
Misdemeanor offenses—Vacating records.
Governor
pardoning power: State Constitution Art. 3 § 9.
records to be kept: RCW 43.06.020.
remission of fines and forfeitures: State Constitution Art. 3 § 11.
Report of indeterminate sentence review board: RCW 9.95.260.
Restoration of employment rights: Chapter 9.96A RCW.
Termination of suspended sentence, restoration of civil rights: RCW
9.92.066.
Voting rights, loss of: State Constitution Art. 6 § 3, RCW 29A.08.520.
9.96.010 Restoration of civil rights. Whenever the
governor shall grant a pardon to a person convicted of an
infamous crime, or whenever the maximum term of imprisonment for which any such person was committed is about to
expire or has expired, and such person has not otherwise had
his civil rights restored, the governor shall have the power, in
his discretion, to restore to such person his civil rights in the
manner as in this chapter provided. [1961 c 187 § 2; 1931 c
19 § 1; 1929 c 26 § 2; RRS § 10250.]
9.96.010
9.96.020 Form of certificate. Whenever the governor
shall determine to restore his civil rights to any person convicted of an infamous crime in any superior court of this state,
he shall execute and file in the office of the secretary of state
an instrument in writing in substantially the following form:
9.96.020
"To the People of the State of Washington
Greeting:
I, the undersigned Governor of the State of Washington, by virtue of the power vested in my office by the constitution and laws of the State of Washington, do by these
presents restore to . . . . . . . . . his civil rights forfeited by
him (or her) by reason of his (or her) conviction of the
crime of . . . . . . . . . (naming it) in the Superior Court for
the County of . . . . . . . . ., on to-wit: The . . . . day of
. . . . . ., 19 . . .
Dated the . . . . day of . . . . . ., 19 . . .
(Signed) . . . . . . . . . . . . . . . . . . . . . . .
Governor of Washington."
[1931 c 19 § 2; 1929 c 26 § 3; RRS § 10251.]
9.96.030 Certified copy—Recording and indexing.
Upon the filing of an instrument restoring civil rights in his
office, it shall be the duty of the secretary of state to transmit
a duly certified copy thereof to the clerk of the superior court
9.96.030
[Title 9 RCW—page 210]
Intent—2002 c 16: See note following RCW 9.94A.637.
9.96.060 Misdemeanor offenses—Vacating records.
(1) Every person convicted of a misdemeanor or gross misdemeanor offense who has completed all of the terms of the
sentence for the misdemeanor or gross misdemeanor offense
may apply to the sentencing court for a vacation of the applicant’s record of conviction for the offense. If the court finds
the applicant meets the tests prescribed in subsection (2) of
this section, the court may in its discretion vacate the record
of conviction by: (a)(i) Permitting the applicant to withdraw
the applicant’s plea of guilty and to enter a plea of not guilty;
or (ii) if the applicant has been convicted after a plea of not
guilty, the court setting aside the verdict of guilty; and (b) the
court dismissing the information, indictment, complaint, or
citation against the applicant and vacating the judgment and
sentence.
9.96.060
(2010 Ed.)
Restoration of Employment Rights
(2) An applicant may not have the record of conviction
for a misdemeanor or gross misdemeanor offense vacated if
any one of the following is present:
(a) There are any criminal charges against the applicant
pending in any court of this state or another state, or in any
federal court;
(b) The offense was a violent offense as defined in RCW
9.94A.030 or an attempt to commit a violent offense;
(c) The offense was a violation of RCW 46.61.502 (driving while under the influence), 46.61.504 (actual physical
control while under the influence), or 9.91.020 (operating a
railroad, etc. while intoxicated);
(d) The offense was any misdemeanor or gross misdemeanor violation, including attempt, of chapter 9.68 RCW
(obscenity and pornography), chapter 9.68A RCW (sexual
exploitation of children), or chapter 9A.44 RCW (sex
offenses);
(e) The applicant was convicted of a misdemeanor or
gross misdemeanor offense as defined in RCW 10.99.020, or
the court determines after a review of the court file that the
offense was committed by one family member or household
member against another, or the court, after considering the
damage to person or property that resulted in the conviction,
any prior convictions for crimes defined in RCW 10.99.020,
or for comparable offenses in another state or in federal court,
and the totality of the records under review by the court
regarding the conviction being considered for vacation,
determines that the offense involved domestic violence, and
any one of the following factors exist:
(i) The applicant has not provided written notification of
the vacation petition to the prosecuting attorney’s office that
prosecuted the offense for which vacation is sought, or has
not provided that notification to the court;
(ii) The applicant has previously had a conviction for
domestic violence. For purposes of this subsection, however,
if the current application is for more than one conviction that
arose out of a single incident, none of those convictions
counts as a previous conviction;
(iii) The applicant has signed an affidavit under penalty
of perjury affirming that the applicant has not previously had
a conviction for a domestic violence offense, and a criminal
history check reveals that the applicant has had such a conviction; or
(iv) Less than five years have elapsed since the person
completed the terms of the original conditions of the sentence, including any financial obligations and successful
completion of any treatment ordered as a condition of sentencing;
(f) For any offense other than those described in (e) of
this subsection, less than three years have passed since the
person completed the terms of the sentence, including any
financial obligations;
(g) The offender has been convicted of a new crime in
this state, another state, or federal court since the date of conviction;
(h) The applicant has ever had the record of another conviction vacated; or
(i) The applicant is currently restrained, or has been
restrained within five years prior to the vacation application,
by a domestic violence protection order, a no-contact order,
(2010 Ed.)
9.96A.010
an antiharassment order, or a civil restraining order which
restrains one party from contacting the other party.
(3) Once the court vacates a record of conviction under
subsection (1) of this section, the person shall be released
from all penalties and disabilities resulting from the offense
and the fact that the person has been convicted of the offense
shall not be included in the person’s criminal history for purposes of determining a sentence in any subsequent conviction. For all purposes, including responding to questions on
employment or housing applications, a person whose conviction has been vacated under subsection (1) of this section may
state that he or she has never been convicted of that crime.
Nothing in this section affects or prevents the use of an
offender’s prior conviction in a later criminal prosecution.
(4) All costs incurred by the court and probation services
shall be paid by the person making the motion to vacate the
record unless a determination is made pursuant to chapter
10.101 RCW that the person making the motion is indigent,
at the time the motion is brought.
(5) The clerk of the court in which the vacation order is
entered shall immediately transmit the order vacating the
conviction to the Washington state patrol identification section and to the local police agency, if any, which holds criminal history information for the person who is the subject of
the conviction. The Washington state patrol and any such
local police agency shall immediately update their records to
reflect the vacation of the conviction, and shall transmit the
order vacating the conviction to the federal bureau of investigation. A conviction that has been vacated under this section
may not be disseminated or disclosed by the state patrol or
local law enforcement agency to any person, except other
criminal justice enforcement agencies. [2001 c 140 § 1.]
Chapter 9.96A RCW
RESTORATION OF EMPLOYMENT RIGHTS
Chapter 9.96A
Sections
9.96A.010
9.96A.020
9.96A.030
9.96A.040
9.96A.050
9.96A.060
9.96A.900
Legislative declaration.
Employment, occupational licensing by public entity—Prior
felony conviction no disqualification—Exceptions.
Exclusion—Law enforcement agencies.
Violations—Adjudication pursuant to administrative procedure act.
Provisions of chapter prevailing.
Exclusion—Employees dealing with children or vulnerable
persons.
Effective date—1973 c 135.
Gambling commission—Denial, suspension, or revocation of license, permit—Other provisions not applicable: RCW 9.46.075.
Restoration of civil rights: Chapter 9.96 RCW.
State lottery commission—Denial, suspension, and revocation of licenses—
Other provisions not applicable: RCW 67.70.090.
9.96A.010 Legislative declaration. The legislature
declares that it is the policy of the state of Washington to
encourage and contribute to the rehabilitation of felons and to
assist them in the assumption of the responsibilities of citizenship, and the opportunity to secure employment or to pursue, practice or engage in a meaningful and profitable trade,
occupation, vocation, profession or business is an essential
ingredient to rehabilitation and the assumption of the responsibilities of citizenship. [1973 c 135 § 1.]
9.96A.010
[Title 9 RCW—page 211]
9.96A.020
Title 9 RCW: Crimes and Punishments
9.96A.020 Employment, occupational licensing by
public entity—Prior felony conviction no disqualification—Exceptions. (1) Subject to the exceptions in subsections (3) through (5) of this section, and unless there is
another provision of law to the contrary, a person is not disqualified from employment by the state of Washington or any
of its counties, cities, towns, municipal corporations, or
quasi-municipal corporations, nor is a person disqualified to
practice, pursue or engage in any occupation, trade, vocation,
or business for which a license, permit, certificate or registration is required to be issued by the state of Washington or any
of its counties, cities, towns, municipal corporations, or
quasi-municipal corporations solely because of a prior conviction of a felony. However, this section does not preclude
the fact of any prior conviction of a crime from being considered.
(2) A person may be denied employment by the state of
Washington or any of its counties, cities, towns, municipal
corporations, or quasi-municipal corporations, or a person
may be denied a license, permit, certificate or registration to
pursue, practice or engage in an occupation, trade, vocation,
or business by reason of the prior conviction of a felony if the
felony for which he or she was convicted directly relates to
the position of employment sought or to the specific occupation, trade, vocation, or business for which the license, permit, certificate or registration is sought, and the time elapsed
since the conviction is less than ten years. However, for positions in the county treasurer’s office, a person may be disqualified from employment because of a prior guilty plea or
conviction of a felony involving embezzlement or theft, even
if the time elapsed since the guilty plea or conviction is ten
years or more.
(3) A person is disqualified for any certificate required or
authorized under chapters 28A.405 or 28A.410 RCW,
because of a prior guilty plea or the conviction of a felony
crime specified under RCW 28A.400.322, even if the time
elapsed since the guilty plea or conviction is ten years or
more.
(4) A person is disqualified from employment by school
districts, educational service districts, and their contractors
hiring employees who will have regularly scheduled unsupervised access to children, because of a prior guilty plea or conviction of a felony crime specified under RCW 28A.400.322,
even if the time elapsed since the guilty plea or conviction is
ten years or more.
(5) The provisions of this chapter do not apply to issuance of licenses or credentials for professions regulated under
chapter 18.130 RCW.
(6) Subsections (3) and (4) of this section as they pertain
to felony crimes specified under RCW 28A.400.322(1) apply
to a person applying for a certificate or for employment on or
after July 25, 1993, and before July 26, 2009. Subsections (3)
and (4) of this section as they pertain to all felony crimes
specified under RCW 28A.400.322(2) apply to a person
applying for a certificate or for employment on or after July
26, 2009. Subsection (5) of this section only applies to a person applying for a license or credential on or after June 12,
2008. [2009 c 396 § 7; 2008 c 134 § 26; 1999 c 16 § 1; 1993
c 71 § 1; 1973 c 135 § 2.]
9.96A.020
Finding—Intent—Severability—2008 c 134: See notes following
RCW 18.130.020.
[Title 9 RCW—page 212]
Intent—1993 c 71: "The legislature reaffirms its singular intent that
this act shall not affect the duties imposed or powers conferred on the office
of the superintendent of public instruction by RCW 28A.410.090." [1993 c
71 § 2.]
9.96A.030 Exclusion—Law enforcement agencies.
This chapter shall not be applicable to any law enforcement
agency; however, nothing herein shall be construed to preclude a law enforcement agency in its discretion from adopting the policy set forth in this chapter. [1973 c 135 § 3.]
9.96A.030
9.96A.040 Violations—Adjudication pursuant to
administrative procedure act. Any complaints or grievances concerning the violation of this chapter shall be processed and adjudicated in accordance with the procedures set
forth in chapter 34.05 RCW, the administrative procedure
act. [1973 c 135 § 4.]
9.96A.040
9.96A.050 Provisions of chapter prevailing. The provisions of this chapter shall prevail over any other provisions
of law which purport to govern the denial of licenses, permits, certificates, registrations, or other means to engage in a
business, on the grounds of a lack of good moral character, or
which purport to govern the suspension or revocation of such
a license, permit, certificate, or registration on the grounds of
conviction of a crime. [1973 c 135 § 5.]
9.96A.050
9.96A.060 Exclusion—Employees dealing with children or vulnerable persons. This chapter is not applicable
to the department of social and health services when employing a person, who in the course of his or her employment, has
or may have unsupervised access to any person who is under
the age of eighteen, who is under the age of twenty-one and
has been sentenced to a term of confinement under the supervision of the department of social and health services under
chapter 13.40 RCW, who is a vulnerable adult under chapter
74.34 RCW, or who is a vulnerable person. For purposes of
this section "vulnerable person" means an adult of any age
who lacks the functional, mental, or physical ability to care
for himself or herself. [2001 c 296 § 2.]
9.96A.060
Intent—2001 c 296: "It is the intent of the legislature to authorize the
department of social and health services to investigate the background of
current and future department employees to the same extent and with the
same effect as it has authorized the state to investigate the background and
exclude from the provision of service current and future care providers, contractors, volunteers, and others. The department of social and health services
must coordinate with the department of personnel to develop rules that
address the procedures for undertaking background checks, and specifically
what action would be taken against a current employee who is disqualified
from his or her current position because of a background check not previously performed." [2001 c 296 § 1.]
9.96A.900 Effective date—1973 c 135. This act shall
take effect on July 1, 1973. [1973 c 135 § 7.]
9.96A.900
Chapter 9.98
Chapter 9.98 RCW
PRISONERS—UNTRIED INDICTMENTS,
INFORMATIONS, COMPLAINTS
Sections
9.98.010
Disposition of untried indictment, information, complaint—
Procedure—Escape, effect.
(2010 Ed.)
Agreement on Detainers
9.98.020
9.98.030
9.98.040
Loss of jurisdiction and failure of indictment, information,
complaint—Dismissal.
Chapter not applicable to mentally ill.
Court not prohibited from ordering prisoner to trial.
9.98.010 Disposition of untried indictment, information, complaint—Procedure—Escape, effect. (1) Whenever a person has entered upon a term of imprisonment in a
penal or correctional institution of this state, and whenever
during the continuance of the term of imprisonment there is
pending in this state any untried indictment, information, or
complaint against the prisoner, he shall be brought to trial
within one hundred twenty days after he shall have caused to
be delivered to the prosecuting attorney and the superior
court of the county in which the indictment, information, or
complaint is pending written notice of the place of his imprisonment and his request for a final disposition to be made of
the indictment, information, or complaint: PROVIDED,
That for good cause shown in open court, the prisoner or his
counsel shall have the right to be present, the court having
jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the superintendent having custody
of the prisoner, stating the term of commitment under which
the prisoner is being held, the time already served, the time
remaining to be served on the sentence, the amount of good
time earned, the time of parole eligibility of the prisoner, and
any decisions of the indeterminate sentence review board
relating to the prisoner.
(2) The written notice and request for final disposition
referred to in subsection (1) hereof shall be given or sent by
the prisoner to the superintendent having custody of him,
who shall promptly forward it together with the certificate to
the appropriate prosecuting attorney and superior court by
certified mail, return receipt requested.
(3) The superintendent having custody of the prisoner
shall promptly inform him in writing of the source and contents of any untried indictment, information, or complaint
against him concerning which the superintendent has knowledge and of his right to make a request for final disposition
thereof.
(4) Escape from custody by the prisoner subsequent to
his execution of the request for final disposition referred to in
subsection (1) hereof shall void the request. [1999 c 143 §
33; 1959 c 56 § 1.]
9.98.010
9.98.020 Loss of jurisdiction and failure of indictment, information, complaint—Dismissal. In the event
that the action is not brought to trial within the period of time
as herein provided, no court of this state shall any longer have
jurisdiction thereof, nor shall the untried indictment, information or complaint be of any further force or effect, and the
court shall enter an order dismissing the same with prejudice.
[1959 c 56 § 2.]
9.98.020
9.98.030 Chapter not applicable to mentally ill. The
provisions of this chapter shall not apply to any person
adjudged to be mentally ill. [1959 c 56 § 3.]
9.98.030
9.98.040 Court not prohibited from ordering prisoner to trial. This chapter shall not be construed as preempt9.98.040
(2010 Ed.)
9.100.010
ing the right of the superior court on the motion of the county
prosecuting attorney from ordering the superintendent of a
state penal or correctional institution to cause a prisoner to be
transported to the superior court of the county for trial upon
any untried indictment, information or complaint. [1959 c 56
§ 4.]
Chapter 9.100
Chapter 9.100 RCW
AGREEMENT ON DETAINERS
Sections
9.100.010
9.100.020
9.100.030
9.100.040
9.100.050
9.100.060
9.100.070
9.100.080
Agreement on detainers—Text.
Appropriate court defined.
Courts, state and political subdivisions enjoined to enforce
agreement.
Escape—Effect.
Giving over inmate authorized.
Administrator—Appointment.
Request for temporary custody—Notice to prisoner and governor—Advising prisoner of rights.
Copies of chapter—Transmission.
Untried indictments, informations, complaints—Disposition: Chapter 9.98
RCW.
9.100.010 Agreement on detainers—Text. The agreement on detainers is hereby enacted into law and entered into
by this state with all other jurisdictions legally joining therein
in the form substantially as follows:
9.100.010
TEXT OF THE AGREEMENT ON DETAINERS
The contracting states solemnly agree that:
ARTICLE I
The party states find that charges outstanding against a
prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial
of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the
party states and the purpose of this agreement to encourage
the expeditious and orderly disposition of such charges and
determination of the proper status of any and all detainers
based on untried indictments, informations or complaints.
The party states also find that proceedings with reference to
such charges and detainers, when emanating from another
jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to
provide such cooperative procedures.
ARTICLE II
As used in this agreement:
(a) "State" shall mean a state of the United States; the
United States of America; a territory or possession of the
United States; the District of Columbia; the Commonwealth
of Puerto Rico.
(b) "Sending state" shall mean a state in which a prisoner
is incarcerated at the time that he initiates a request for final
disposition pursuant to Article III hereof or at the time that a
request for custody or availability is initiated pursuant to
Article IV hereof.
(c) "Receiving state" shall mean the state in which trial is
to be had on an indictment, information or complaint pursuant to Article III or Article IV hereof.
[Title 9 RCW—page 213]
9.100.010
Title 9 RCW: Crimes and Punishments
ARTICLE III
(a) Whenever a person has entered upon a term of
imprisonment in a penal or correctional institution of a party
state, and whenever during the continuance of the term of
imprisonment there is pending in any other party state any
untried indictment, information or complaint on the basis of
which a detainer has been lodged against the prisoner, he
shall be brought to trial within one hundred eighty days after
he shall have caused to be delivered to the prosecuting officer
and the appropriate court of the prosecuting officer’s jurisdiction written notice of the place of his imprisonment and his
request for a final disposition to be made of the indictment,
information or complaint: PROVIDED, That for good cause
shown in open court, the prisoner or his counsel being
present, the court having jurisdiction of the matter may grant
any necessary or reasonable continuance. The request of the
prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term
of commitment under which the prisoner is being held, the
time already served, the time remaining to be served on the
sentence, the amount of good time earned, the time of parole
eligibility of the prisoner, and any decisions of the state
parole agency relating to the prisoner.
(b) The written notice and request for final disposition
referred to in paragraph (a) hereof shall be given or sent by
the prisoner to the warden, commissioner of correction or
other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return
receipt requested.
(c) The warden, commissioner of correction or other
official having custody of the prisoner shall promptly inform
him of the source and contents of any detainer lodged against
him and shall also inform him of his right to make a request
for final disposition of the indictment, information or complaint on which the detainer is based.
(d) Any request for final disposition made by a prisoner
pursuant to paragraph (a) hereof shall operate as a request for
final disposition of all untried indictments, informations or
complaints on the basis of which detainers have been lodged
against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed.
The warden, commissioner of correction or other official
having custody of the prisoner shall forthwith notify all
appropriate prosecuting officers and courts in the several
jurisdictions within the state to which the prisoner’s request
for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this
paragraph shall be accompanied by copies of the prisoner’s
written notice, request, and the certificate. If trial is not had
on any indictment, information or complaint contemplated
hereby prior to the return of the prisoner to the original place
of imprisonment, such indictment, information or complaint
shall not be of any further force or effect, and the court shall
enter an order dismissing the same with prejudice.
(e) Any request for final disposition made by a prisoner
pursuant to paragraph (a) hereof shall also be deemed to be a
waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of
paragraph (d) hereof, and a waiver of extradition to the
[Title 9 RCW—page 214]
receiving state to serve any sentence there imposed upon him,
after completion of his term of imprisonment in the sending
state. The request for final disposition shall also constitute a
consent by the prisoner to the production of his body in any
court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment
in accordance with the provisions of this agreement. Nothing
in this paragraph shall prevent the imposition of a concurrent
sentence if otherwise permitted by law.
(f) Escape from custody by the prisoner subsequent to
his execution of the request for final disposition referred to in
paragraph (a) hereof shall void the request.
ARTICLE IV
(a) The appropriate officer of the jurisdiction in which an
untried indictment, information or complaint is pending shall
be entitled to have a prisoner against whom he has lodged a
detainer and who is serving a term of imprisonment in any
party state made available in accordance with Article V(a)
hereof upon presentation of a written request for temporary
custody or availability to the appropriate authorities of the
state in which the prisoner is incarcerated: PROVIDED, That
the court having jurisdiction of such indictment, information
or complaint shall have duly approved, recorded and transmitted the request: PROVIDED FURTHER, That there shall
be a period of thirty days after receipt by the appropriate
authorities before the request be honored, within which
period the governor of the sending state may disapprove the
request for temporary custody or availability, either upon his
own motion or upon motion of the prisoner.
(b) Upon receipt of the officer’s written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time
remaining to be served on the sentence, the amount of good
time earned, the time of parole eligibility of the prisoner, and
any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other
officers and appropriate courts in the receiving state who
have lodged detainers against the prisoner with similar certificates and with notices informing them of the request or
availability and of the reasons therefor.
(c) In respect of any proceeding made possible by this
Article, trial shall be commenced within one hundred twenty
days of the arrival of the prisoner in the receiving state, but
for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter
may grant any necessary or reasonable continuance.
(d) Nothing contained in this Article shall be construed
to deprive any prisoner of any right which he may have to
contest the legality of his delivery as provided in paragraph
(a) hereof, but such delivery may not be opposed or denied on
the ground that the executive authority of the sending state
has not affirmatively consented to or ordered such delivery.
(e) If trial is not had on any indictment, information or
complaint contemplated hereby prior to the prisoner’s being
returned to the original place of imprisonment pursuant to
Article V(e) hereof, such indictment, information or com(2010 Ed.)
Agreement on Detainers
plaint shall not be of any further force or effect, and the court
shall enter an order dismissing the same with prejudice.
ARTICLE V
(a) In response to a request made under Article III or
Article IV hereof, the appropriate authority in a sending state
shall offer to deliver temporary custody of such prisoner to
the appropriate authority in the state where such indictment,
information or complaint is pending against such person in
order that speedy and efficient prosecution may be had. If the
request for final disposition is made by the prisoner, the offer
of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state
shall be entitled to temporary custody as provided by this
agreement or to the prisoner’s presence in federal custody at
the place for trial, whichever custodial arrangement may be
approved by the custodian.
(b) The officer or other representative of a state accepting an offer of temporary custody shall present the following
upon demand:
(i) Proper identification and evidence of his authority to
act for the state into whose temporary custody the prisoner is
to be given.
(ii) A duly certified copy of the indictment, information
or complaint on the basis of which the detainer has been
lodged and on the basis of which the request for temporary
custody of the prisoner has been made.
(c) If the appropriate authority shall refuse or fail to
accept temporary custody of said person, or in the event that
an action on the indictment, information or complaint on the
basis of which the detainer has been lodged is not brought to
trial within the period provided in Article III or Article IV
hereof, the appropriate court of the jurisdiction where the
indictment, information or complaint has been pending shall
enter an order dismissing the same with prejudice, and any
detainer based thereon shall cease to be of any force or effect.
(d) The temporary custody referred to in this agreement
shall be only for the purpose of permitting prosecution on the
charge or charges contained in one or more untried indictments, informations or complaints which form the basis of
the detainer or detainers or for prosecution on any other
charge or charges arising out of the same transaction. Except
for his attendance at court and while being transported to or
from any place at which his presence may be required, the
prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.
(e) At the earliest practicable time consonant with the
purposes of this agreement, the prisoner shall be returned to
the sending state.
(f) During the continuance of temporary custody or
while the prisoner is otherwise being made available for trial
as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by
the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may
allow.
(g) For all purposes other than that for which temporary
custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject
to the jurisdiction of the sending state and any escape from
(2010 Ed.)
9.100.010
temporary custody may be dealt with in the same manner as
an escape from the original place of imprisonment or in any
other manner permitted by law.
(h) From the time that a party state receives custody of a
prisoner pursuant to this agreement until such prisoner is
returned to the territory and custody of the sending state, the
state in which the one or more untried indictments, informations or complaints are pending or in which trial is being had
shall be responsible for the prisoner and shall also pay all
costs of transporting, caring for, keeping and returning the
prisoner. The provisions of this paragraph shall govern unless
the states concerned shall have entered into a supplementary
agreement providing for a different allocation of costs and
responsibilities as between or among themselves. Nothing
herein contained shall be construed to alter or effect [affect]
any internal relationship among the departments, agencies
and officers of and in the government of a party state, or
between a party state and its subdivisions, as to the payment
of costs, or responsibilities therefor.
ARTICLE VI
(a) In determining the duration and expiration dates of
the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as
determined by the court having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made
available by this agreement, shall apply to any person who is
adjudged to be mentally ill.
ARTICLE VII
Each state party to this agreement shall designate an
officer who, acting jointly with like officers of other party
states, shall promulgate rules and regulations to carry out
more effectively the terms and provisions of this agreement,
and who shall provide within and without the state, information necessary to the effective operation of this agreement.
ARTICLE VIII
This agreement shall enter into full force and effect as to
a party state when such state has enacted the same into law. A
state party to this agreement may withdraw herefrom by
enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the
time such withdrawal takes effect, nor shall it affect their
rights in respect thereof.
ARTICLE IX
This agreement shall be liberally construed so as to
effectuate its purposes. The provisions of this agreement shall
be severable and if any phrase, clause, sentence or provision
of this agreement is declared to be contrary to the constitution
of any party state or of the United States or the applicability
thereof to any government, agency, person or circumstance is
held invalid, the validity of the remainder of this agreement
and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this
agreement shall be held contrary to the constitution of any
state party hereto, the agreement shall remain in full force
[Title 9 RCW—page 215]
9.100.020
Title 9 RCW: Crimes and Punishments
and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
[1967 c 34 § 1.]
Chapter 9.101 RCW
CRIMINAL STREET GANG DEFINITIONS—
STATE PREEMPTION
Chapter 9.101
Sections
9.100.020 Appropriate court defined. The phrase
"appropriate court" as used in the agreement on detainers
shall, with reference to the courts of this state, mean any court
with criminal jurisdiction. [1967 c 34 § 2.]
9.100.020
9.100.030 Courts, state and political subdivisions
enjoined to enforce agreement. All courts, departments,
agencies, officers and employees of this state and its political
subdivisions are hereby directed to enforce the agreement on
detainers and to cooperate with one another and with other
party states in enforcing the agreement and effectuating its
purposes. [1967 c 34 § 3.]
9.100.030
9.100.040 Escape—Effect. Escape from custody while
in another state pursuant to the agreement on detainers shall
constitute an offense against the laws of this state to the same
extent and degree as an escape from the institution in which
the prisoner was confined immediately prior to having been
sent to another state pursuant to the provisions of the agreement on detainers and shall be punishable in the same manner
as an escape from said institution. [1967 c 34 § 4.]
9.100.040
9.100.050 Giving over inmate authorized. It shall be
lawful and mandatory upon the warden or other official in
charge of a penal or correctional institution in this state to
give over the person of any inmate thereof whenever so
required by the operation of the agreement on detainers.
[1967 c 34 § 5.]
9.100.050
9.100.060 Administrator—Appointment. The governor is hereby authorized and empowered to designate and
appoint a state officer to act as the administrator who shall
perform the duties and functions and exercise the powers
conferred upon such person by Article VII of the agreement
on detainers. [1967 c 34 § 6.]
9.101.010
Criminal street gang definitions—State preemption.
9.101.010 Criminal street gang definitions—State
preemption. (1) The state of Washington hereby fully occupies and preempts the entire field of definitions used for purposes of substantive criminal law relating to criminal street
gangs, criminal street gang-related offenses, criminal street
gang associates and members, and pattern of criminal street
gang activity. These definitions of "criminal street gang,"
"criminal street gang associate or member," "criminal street
gang-related offense," and "pattern of criminal street gang
activity" contained in RCW 9.94A.030 expressly preempt
any conflicting city or county codes or ordinances. Cities,
towns, counties, or other municipalities may enact laws and
ordinances relating to criminal street gangs that contain definitions that are consistent with definitions pursuant to RCW
9.94A.030. Local laws and ordinances that are inconsistent
with the definitions shall not be enacted and are preempted
and repealed, regardless of the nature of the code, charter, or
home rule status of such city, town, county, or municipality.
(2) The preemption provided in this chapter does not
apply to "gang" as defined in RCW 28A.600.455 under the
common school provisions act or "gang" as defined in RCW
59.18.030 under the landlord-tenant act.
(3) The preemption provided for in this chapter does not
restrict the adoption or use of a uniform state definition of
"gang," "gang member," or "gang associate," for purposes of
the creation and maintenance of the statewide gang database
for law enforcement intelligence purposes under RCW
43.43.762. [2008 c 276 § 401.]
9.101.010
9.100.060
Severability—Part headings, subheadings not law—2008 c 276: See
notes following RCW 36.28A.200.
9.100.070 Request for temporary custody—Notice to
prisoner and governor—Advising prisoner of rights. In
order to implement Article IV(a) of the agreement on detainers, and in furtherance of its purposes, the appropriate authorities having custody of the prisoner shall, promptly upon
receipt of the officer’s written request, notify the prisoner and
the governor in writing that a request for temporary custody
has been made and such notification shall describe the source
and contents of said request. The authorities having custody
of the prisoner shall also advise him in writing of his rights to
counsel, to make representations to the governor within thirty
days, and to contest the legality of his delivery. [1967 c 34 §
7.]
9.100.070
9.100.080 Copies of chapter—Transmission. Copies
of this chapter shall, upon its approval, be transmitted by the
secretary of state to the governor of each state, to the attorney
general and the secretary of state of the United States, and the
council of state governments. [1967 c 34 § 8.]
9.100.080
[Title 9 RCW—page 216]
(2010 Ed.)
Title 9A
WASHINGTON CRIMINAL CODE
Title 9A
Chapters
9A.04 Preliminary article.
9A.08 Principles of liability.
9A.12 Insanity.
9A.16 Defenses.
9A.20 Classification of crimes.
9A.28 Anticipatory offenses.
9A.32 Homicide.
9A.36 Assault—Physical harm.
9A.40 Kidnapping, unlawful imprisonment, and custodial interference.
9A.42 Criminal mistreatment.
9A.44 Sex offenses.
9A.46 Harassment.
9A.48 Arson, reckless burning, and malicious mischief.
9A.49 Lasers.
9A.50 Interference with health care facilities or providers.
9A.52 Burglary and trespass.
9A.56 Theft and robbery.
9A.58 Identification documents.
9A.60 Fraud.
9A.61 Defrauding a public utility.
9A.64 Family offenses.
9A.68 Bribery and corrupt influence.
9A.72 Perjury and interference with official proceedings.
9A.76 Obstructing governmental operation.
9A.80 Abuse of office.
9A.82 Criminal profiteering act.
9A.83 Money laundering.
9A.84 Public disturbance.
9A.88 Indecent exposure—Prostitution.
9A.98 Laws repealed.
Crimes and punishments: Title 9 RCW.
Explosives: Chapter 70.74 RCW.
Harassment: Chapter 10.14 RCW.
Chapter 9A.04
Chapter 9A.04 RCW
PRELIMINARY ARTICLE
Sections
9A.04.010
9A.04.020
9A.04.030
9A.04.040
9A.04.050
9A.04.060
9A.04.070
9A.04.080
9A.04.090
9A.04.100
9A.04.110
Title, effective date, application, severability, captions.
Purposes—Principles of construction.
State criminal jurisdiction.
Classes of crimes.
People capable of committing crimes—Capability of children.
Common law to supplement statute.
Who amenable to criminal statutes.
Limitation of actions.
Application of general provisions of the code.
Proof beyond a reasonable doubt.
Definitions.
9A.04.010 Title, effective date, application, severability, captions. (1) This title shall be known and may be cited
as the Washington Criminal Code and shall become effective
on July 1, 1976.
9A.04.010
(2010 Ed.)
(2) The provisions of this title shall apply to any offense
committed on or after July 1, 1976, which is defined in this
title or the general statutes, unless otherwise expressly provided or unless the context otherwise requires, and shall also
apply to any defense to prosecution for such an offense.
(3) The provisions of this title do not apply to or govern
the construction of and punishment for any offense committed prior to July 1, 1976, or to the construction and application of any defense to a prosecution for such an offense. Such
an offense must be construed and punished according to the
provisions of law existing at the time of the commission
thereof in the same manner as if this title had not been
enacted.
(4) If any provision of this title, or its application to any
person or circumstance is held invalid, the remainder of the
title, or the application of the provision to other persons or
circumstances is not affected, and to this end the provisions
of this title are declared to be severable.
(5) Chapter, section, and subsection captions are for
organizational purposes only and shall not be construed as
part of this title. [1975 1st ex.s. c 260 § 9A.04.010.]
Additional notes found at www.leg.wa.gov
9A.04.020 Purposes—Principles of construction. (1)
The general purposes of the provisions governing the definition of offenses are:
(a) To forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests;
(b) To safeguard conduct that is without culpability from
condemnation as criminal;
(c) To give fair warning of the nature of the conduct
declared to constitute an offense;
(d) To differentiate on reasonable grounds between serious and minor offenses, and to prescribe proportionate penalties for each.
(2) The provisions of this title shall be construed according to the fair import of their terms but when the language is
susceptible of differing constructions it shall be interpreted to
further the general purposes stated in this title. [1975 1st ex.s.
c 260 § 9A.04.020.]
9A.04.020
9A.04.030 State criminal jurisdiction. The following
persons are liable to punishment:
(1) A person who commits in the state any crime, in
whole or in part.
(2) A person who commits out of the state any act which,
if committed within it, would be theft and is afterward found
in the state with any of the stolen property.
(3) A person who being out of the state, counsels, causes,
procures, aids, or abets another to commit a crime in this
state.
(4) A person who, being out of the state, abducts or kidnaps by force or fraud, any person, contrary to the laws of the
9A.04.030
[Title 9A RCW—page 1]
9A.04.040
Title 9A RCW: Washington Criminal Code
place where the act is committed, and brings, sends, or conveys such person into this state.
(5) A person who commits an act without the state which
affects persons or property within the state, which, if committed within the state, would be a crime.
(6) A person who, being out of the state, makes a statement, declaration, verification, or certificate under RCW
9A.72.085 which, if made within the state, would be perjury.
(7) A person who commits an act onboard a conveyance
within the state of Washington, including the airspace over
the state of Washington, that subsequently lands, docks, or
stops within the state which, if committed within the state,
would be a crime. [1999 c 349 § 1; 1981 c 187 § 2; 1975 1st
ex.s. c 260 § 9A.04.030.]
9A.04.040
9A.04.040 Classes of crimes. (1) An offense defined
by this title or by any other statute of this state, for which a
sentence of imprisonment is authorized, constitutes a crime.
Crimes are classified as felonies, gross misdemeanors, or
misdemeanors.
(2) A crime is a felony if it is so designated in this title or
by any other statute of this state or if persons convicted
thereof may be sentenced to imprisonment for a term in
excess of one year. A crime is a misdemeanor if it is so designated in this title or by any other statute of this state or if
persons convicted thereof may be sentenced to imprisonment
for no more than ninety days. Every other crime is a gross
misdemeanor. [1975 1st ex.s. c 260 § 9A.04.040.]
9A.04.050
9A.04.050 People capable of committing crimes—
Capability of children. Children under the age of eight
years are incapable of committing crime. Children of eight
and under twelve years of age are presumed to be incapable
of committing crime, but this presumption may be removed
by proof that they have sufficient capacity to understand the
act or neglect, and to know that it was wrong. Whenever in
legal proceedings it becomes necessary to determine the age
of a child, he may be produced for inspection, to enable the
court or jury to determine the age thereby; and the court may
also direct his examination by one or more physicians, whose
opinion shall be competent evidence upon the question of his
age. [1975 1st ex.s. c 260 § 9A.04.050.]
9A.04.060
9A.04.060 Common law to supplement statute. The
provisions of the common law relating to the commission of
crime and the punishment thereof, insofar as not inconsistent
with the Constitution and statutes of this state, shall supplement all penal statutes of this state and all persons offending
against the same shall be tried in the courts of this state having jurisdiction of the offense. [1975 1st ex.s. c 260 §
9A.04.060.]
9A.04.070
9A.04.070 Who amenable to criminal statutes. Every
person, regardless of whether or not he is an inhabitant of this
state, may be tried and punished under the laws of this state
for an offense committed by him therein, except when such
offense is cognizable exclusively in the courts of the United
States. [1975 1st ex.s. c 260 § 9A.04.070.]
[Title 9A RCW—page 2]
9A.04.080 Limitation of actions. (1) Prosecutions for
criminal offenses shall not be commenced after the periods
prescribed in this section.
(a) The following offenses may be prosecuted at any
time after their commission:
(i) Murder;
(ii) Homicide by abuse;
(iii) Arson if a death results;
(iv) Vehicular homicide;
(v) Vehicular assault if a death results;
(vi) Hit-and-run injury-accident if a death results (RCW
46.52.020(4)).
(b) The following offenses shall not be prosecuted more
than ten years after their commission:
(i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or
constitutes a breach of his or her public duty or a violation of
the oath of office;
(ii) Arson if no death results; or
(iii)(A) Violations of RCW 9A.44.040 or 9A.44.050 if
the rape is reported to a law enforcement agency within one
year of its commission; except that if the victim is under fourteen years of age when the rape is committed and the rape is
reported to a law enforcement agency within one year of its
commission, the violation may be prosecuted up to the victim’s twenty-eighth birthday.
(B) If a violation of RCW 9A.44.040 or 9A.44.050 is not
reported within one year, the rape may not be prosecuted: (I)
More than three years after its commission if the violation
was committed against a victim fourteen years of age or
older; or (II) more than three years after the victim’s eighteenth birthday or more than seven years after the rape’s commission, whichever is later, if the violation was committed
against a victim under fourteen years of age.
(c) Violations of the following statutes may be prosecuted up to the victim’s twenty-eighth birthday: RCW
9A.44.073, 9A.44.076, 9A.44.083, 9A.44.086, *9A.44.070,
9A.44.080, 9A.44.100(1)(b), 9A.44.079, 9A.44.089, or
9A.64.020.
(d) The following offenses shall not be prosecuted more
than six years after their commission or their discovery,
whichever occurs later:
(i) Violations of RCW 9A.82.060 or 9A.82.080;
(ii) Any felony violation of chapter 9A.83 RCW;
(iii) Any felony violation of chapter 9.35 RCW; or
(iv) Theft in the first or second degree under chapter
9A.56 RCW when accomplished by color or aid of deception.
(e) The following offenses shall not be prosecuted more
than five years after their commission: Any class C felony
under chapter 74.09, 82.36, or 82.38 RCW.
(f) Bigamy shall not be prosecuted more than three years
after the time specified in RCW 9A.64.010.
(g) A violation of RCW 9A.56.030 must not be prosecuted more than three years after the discovery of the offense
when the victim is a tax exempt corporation under 26 U.S.C.
Sec. 501(c)(3).
(h) No other felony may be prosecuted more than three
years after its commission; except that in a prosecution under
RCW 9A.44.115, if the person who was viewed, photographed, or filmed did not realize at the time that he or she
was being viewed, photographed, or filmed, the prosecution
9A.04.080
(2010 Ed.)
Preliminary Article
must be commenced within two years of the time the person
who was viewed or in the photograph or film first learns that
he or she was viewed, photographed, or filmed.
(i) No gross misdemeanor may be prosecuted more than
two years after its commission.
(j) No misdemeanor may be prosecuted more than one
year after its commission.
(2) The periods of limitation prescribed in subsection (1)
of this section do not run during any time when the person
charged is not usually and publicly resident within this state.
(3) In any prosecution for a sex offense as defined in
RCW 9.94A.030, the periods of limitation prescribed in subsection (1) of this section run from the date of commission or
one year from the date on which the identity of the suspect is
conclusively established by deoxyribonucleic acid testing,
whichever is later.
(4) If, before the end of a period of limitation prescribed
in subsection (1) of this section, an indictment has been found
or a complaint or an information has been filed, and the
indictment, complaint, or information is set aside, then the
period of limitation is extended by a period equal to the
length of time from the finding or filing to the setting aside.
[2009 c 61 § 1; 2009 c 53 § 1; 2006 c 132 § 1; 1998 c 221 §
2. Prior: 1997 c 174 § 1; 1997 c 97 § 1; prior: 1995 c 287 §
5; 1995 c 17 § 1; 1993 c 214 § 1; 1989 c 317 § 3; 1988 c 145
§ 14; prior: 1986 c 257 § 13; 1986 c 85 § 1; prior: 1985 c 455
§ 19; 1985 c 186 § 1; 1984 c 270 § 18; 1982 c 129 § 1; 1981
c 203 § 1; 1975 1st ex.s. c 260 § 9A.04.080.]
Reviser’s note: *(1) RCW 9A.44.070 and 9A.44.080 were repealed by
1988 c 145 § 24.
(2) This section was amended by 2009 c 53 § 1 and by 2009 c 61 § 1,
each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—1989 c 317: See note following RCW 4.16.340.
Additional notes found at www.leg.wa.gov
9A.04.090 Application of general provisions of the
code. The provisions of chapters 9A.04 through 9A.28 RCW
of this title are applicable to offenses defined by this title or
another statute, unless this title or such other statute specifically provides otherwise. [1975 1st ex.s. c 260 § 9A.04.090.]
9A.04.090
9A.04.100 Proof beyond a reasonable doubt. (1)
Every person charged with the commission of a crime is presumed innocent unless proved guilty. No person may be convicted of a crime unless each element of such crime is proved
by competent evidence beyond a reasonable doubt.
(2) When a crime has been proven against a person, and
there exists a reasonable doubt as to which of two or more
degrees he is guilty, he shall be convicted only of the lowest
degree. [1975 1st ex.s. c 260 § 9A.04.100.]
9A.04.100
9A.04.110 Definitions. In this title unless a different
meaning plainly is required:
(1) "Acted" includes, where relevant, omitted to act;
(2) "Actor" includes, where relevant, a person failing to
act;
(3) "Benefit" is any gain or advantage to the beneficiary,
including any gain or advantage to a third person pursuant to
the desire or consent of the beneficiary;
9A.04.110
(2010 Ed.)
9A.04.110
(4)(a) "Bodily injury," "physical injury," or "bodily
harm" means physical pain or injury, illness, or an impairment of physical condition;
(b) "Substantial bodily harm" means bodily injury which
involves a temporary but substantial disfigurement, or which
causes a temporary but substantial loss or impairment of the
function of any bodily part or organ, or which causes a fracture of any bodily part;
(c) "Great bodily harm" means bodily injury which creates a probability of death, or which causes significant serious permanent disfigurement, or which causes a significant
permanent loss or impairment of the function of any bodily
part or organ;
(5) "Building", in addition to its ordinary meaning,
includes any dwelling, fenced area, vehicle, railway car,
cargo container, or any other structure used for lodging of
persons or for carrying on business therein, or for the use,
sale or deposit of goods; each unit of a building consisting of
two or more units separately secured or occupied is a separate
building;
(6) "Deadly weapon" means any explosive or loaded or
unloaded firearm, and shall include any other weapon,
device, instrument, article, or substance, including a "vehicle" as defined in this section, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or substantial bodily harm;
(7) "Dwelling" means any building or structure, though
movable or temporary, or a portion thereof, which is used or
ordinarily used by a person for lodging;
(8) "Government" includes any branch, subdivision, or
agency of the government of this state and any county, city,
district, or other local governmental unit;
(9) "Governmental function" includes any activity which
a public servant is legally authorized or permitted to undertake on behalf of a government;
(10) "Indicted" and "indictment" include "informed
against" and "information", and "informed against" and
"information" include "indicted" and "indictment";
(11) "Judge" includes every judicial officer authorized
alone or with others, to hold or preside over a court;
(12) "Malice" and "maliciously" shall import an evil
intent, wish, or design to vex, annoy, or injure another person. Malice may be inferred from an act done in wilful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disregard of social duty;
(13) "Officer" and "public officer" means a person holding office under a city, county, or state government, or the
federal government who performs a public function and in so
doing is vested with the exercise of some sovereign power of
government, and includes all assistants, deputies, clerks, and
employees of any public officer and all persons lawfully
exercising or assuming to exercise any of the powers or functions of a public officer;
(14) "Omission" means a failure to act;
(15) "Peace officer" means a duly appointed city, county,
or state law enforcement officer;
(16) "Pecuniary benefit" means any gain or advantage in
the form of money, property, commercial interest, or any[Title 9A RCW—page 3]
Chapter 9A.08
Title 9A RCW: Washington Criminal Code
thing else the primary significance of which is economic
gain;
(17) "Person", "he", and "actor" include any natural person and, where relevant, a corporation, joint stock association, or an unincorporated association;
(18) "Place of work" includes but is not limited to all the
lands and other real property of a farm or ranch in the case of
an actor who owns, operates, or is employed to work on such
a farm or ranch;
(19) "Prison" means any place designated by law for the
keeping of persons held in custody under process of law, or
under lawful arrest, including but not limited to any state correctional institution or any county or city jail;
(20) "Prisoner" includes any person held in custody
under process of law, or under lawful arrest;
(21) "Projectile stun gun" means an electronic device
that projects wired probes attached to the device that emit an
electrical charge and that is designed and primarily employed
to incapacitate a person or animal;
(22) "Property" means anything of value, whether tangible or intangible, real or personal;
(23) "Public servant" means any person other than a witness who presently occupies the position of or has been
elected, appointed, or designated to become any officer or
employee of government, including a legislator, judge, judicial officer, juror, and any person participating as an advisor,
consultant, or otherwise in performing a governmental function;
(24) "Signature" includes any memorandum, mark, or
sign made with intent to authenticate any instrument or writing, or the subscription of any person thereto;
(25) "Statute" means the Constitution or an act of the legislature or initiative or referendum of this state;
(26) "Strangulation" means to compress a person’s neck,
thereby obstructing the person’s blood flow or ability to
breathe, or doing so with the intent to obstruct the person’s
blood flow or ability to breathe;
(27) "Threat" means to communicate, directly or indirectly the intent:
(a) To cause bodily injury in the future to the person
threatened or to any other person; or
(b) To cause physical damage to the property of a person
other than the actor; or
(c) To subject the person threatened or any other person
to physical confinement or restraint; or
(d) To accuse any person of a crime or cause criminal
charges to be instituted against any person; or
(e) To expose a secret or publicize an asserted fact,
whether true or false, tending to subject any person to hatred,
contempt, or ridicule; or
(f) To reveal any information sought to be concealed by
the person threatened; or
(g) To testify or provide information or withhold testimony or information with respect to another’s legal claim or
defense; or
(h) To take wrongful action as an official against anyone
or anything, or wrongfully withhold official action, or cause
such action or withholding; or
(i) To bring about or continue a strike, boycott, or other
similar collective action to obtain property which is not
[Title 9A RCW—page 4]
demanded or received for the benefit of the group which the
actor purports to represent; or
(j) To do any other act which is intended to harm substantially the person threatened or another with respect to his
health, safety, business, financial condition, or personal relationships;
(28) "Vehicle" means a "motor vehicle" as defined in the
vehicle and traffic laws, any aircraft, or any vessel equipped
for propulsion by mechanical means or by sail;
(29) Words in the present tense shall include the future
tense; and in the masculine shall include the feminine and
neuter genders; and in the singular shall include the plural;
and in the plural shall include the singular. [2007 c 79 § 3;
2005 c 458 § 3; 1988 c 158 § 1; 1987 c 324 § 1; 1986 c 257 §
3; 1975 1st ex.s. c 260 § 9A.04.110.]
Finding—2007 c 79: See note following RCW 9A.36.021.
Additional notes found at www.leg.wa.gov
Chapter 9A.08
Chapter 9A.08 RCW
PRINCIPLES OF LIABILITY
Sections
9A.08.010
9A.08.020
9A.08.030
General requirements of culpability.
Liability for conduct of another—Complicity.
Corporate and personal liability.
9A.08.010 General requirements of culpability. (1)
Kinds of Culpability Defined.
(a) INTENT. A person acts with intent or intentionally
when he or she acts with the objective or purpose to accomplish a result which constitutes a crime.
(b) KNOWLEDGE. A person knows or acts knowingly
or with knowledge when:
(i) he or she is aware of a fact, facts, or circumstances or
result described by a statute defining an offense; or
(ii) he or she has information which would lead a reasonable person in the same situation to believe that facts exist
which facts are described by a statute defining an offense.
(c) RECKLESSNESS. A person is reckless or acts recklessly when he or she knows of and disregards a substantial
risk that a wrongful act may occur and his or her disregard of
such substantial risk is a gross deviation from conduct that a
reasonable person would exercise in the same situation.
(d) CRIMINAL NEGLIGENCE. A person is criminally
negligent or acts with criminal negligence when he or she
fails to be aware of a substantial risk that a wrongful act may
occur and his or her failure to be aware of such substantial
risk constitutes a gross deviation from the standard of care
that a reasonable person would exercise in the same situation.
(2) Substitutes for Criminal Negligence, Recklessness,
and Knowledge. When a statute provides that criminal negligence suffices to establish an element of an offense, such element also is established if a person acts intentionally, knowingly, or recklessly. When recklessness suffices to establish
an element, such element also is established if a person acts
intentionally or knowingly. When acting knowingly suffices
to establish an element, such element also is established if a
person acts intentionally.
(3) Culpability as Determinant of Grade of Offense.
When the grade or degree of an offense depends on whether
the offense is committed intentionally, knowingly, reck9A.08.010
(2010 Ed.)
Insanity
lessly, or with criminal negligence, its grade or degree shall
be the lowest for which the determinative kind of culpability
is established with respect to any material element of the
offense.
(4) Requirement of Wilfulness Satisfied by Acting
Knowingly. A requirement that an offense be committed wilfully is satisfied if a person acts knowingly with respect to the
material elements of the offense, unless a purpose to impose
further requirements plainly appears. [2009 c 549 § 1002;
1975 1st ex.s. c 260 § 9A.08.010.]
9A.08.020 Liability for conduct of another—Complicity. (1) A person is guilty of a crime if it is committed by
the conduct of another person for which he is legally accountable.
(2) A person is legally accountable for the conduct of
another person when:
(a) Acting with the kind of culpability that is sufficient
for the commission of the crime, he causes an innocent or
irresponsible person to engage in such conduct; or
(b) He is made accountable for the conduct of such other
person by this title or by the law defining the crime; or
(c) He is an accomplice of such other person in the commission of the crime.
(3) A person is an accomplice of another person in the
commission of a crime if:
(a) With knowledge that it will promote or facilitate the
commission of the crime, he
(i) solicits, commands, encourages, or requests such
other person to commit it; or
(ii) aids or agrees to aid such other person in planning or
committing it; or
(b) His conduct is expressly declared by law to establish
his complicity.
(4) A person who is legally incapable of committing a
particular crime himself may be guilty thereof if it is committed by the conduct of another person for which he is legally
accountable, unless such liability is inconsistent with the purpose of the provision establishing his incapacity.
(5) Unless otherwise provided by this title or by the law
defining the crime, a person is not an accomplice in a crime
committed by another person if:
(a) He is a victim of that crime; or
(b) He terminates his complicity prior to the commission
of the crime, and either gives timely warning to the law
enforcement authorities or otherwise makes a good faith
effort to prevent the commission of the crime.
(6) A person legally accountable for the conduct of
another person may be convicted on proof of the commission
of the crime and of his complicity therein, though the person
claimed to have committed the crime has not been prosecuted
or convicted or has been convicted of a different crime or
degree of crime or has an immunity to prosecution or conviction or has been acquitted. [1975-’76 2nd ex.s. c 38 § 1; 1975
1st ex.s. c 260 § 9A.08.020.]
9A.08.020
Additional notes found at www.leg.wa.gov
9A.08.030 Corporate and personal liability. (1) As
used in this section:
9A.08.030
(2010 Ed.)
9A.12.010
(a) "Agent" means any director, officer, or employee of a
corporation, or any other person who is authorized to act on
behalf of the corporation;
(b) "Corporation" includes a joint stock association;
(c) "High managerial agent" means an officer or director
of a corporation or any other agent in a position of comparable authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate
employees.
(2) A corporation is guilty of an offense when:
(a) The conduct constituting the offense consists of an
omission to discharge a specific duty of performance
imposed on corporations by law; or
(b) The conduct constituting the offense is engaged in,
authorized, solicited, requested, commanded, or tolerated by
the board of directors or by a high managerial agent acting
within the scope of his employment and on behalf of the corporation; or
(c) The conduct constituting the offense is engaged in by
an agent of the corporation, other than a high managerial
agent, while acting within the scope of his employment and
in behalf of the corporation and (i) the offense is a gross misdemeanor or misdemeanor, or (ii) the offense is one defined
by a statute which clearly indicates a legislative intent to
impose such criminal liability on a corporation.
(3) A person is criminally liable for conduct constituting
an offense which he performs or causes to be performed in
the name of or on behalf of a corporation to the same extent
as if such conduct were performed in his own name or behalf.
(4) Whenever a duty to act is imposed by law upon a corporation, any agent of the corporation who knows he has or
shares primary responsibility for the discharge of the duty is
criminally liable for a reckless or, if a high managerial agent,
criminally negligent omission to perform the required act to
the same extent as if the duty were by law imposed directly
upon such agent.
(5) Every corporation, whether foreign or domestic,
which shall violate any provision of RCW 9A.28.040, shall
forfeit every right and franchise to do business in this state.
The attorney general shall begin and conduct all actions and
proceedings necessary to enforce the provisions of this subsection. [1975 1st ex.s. c 260 § 9A.08.030.]
Chapter 9A.12 RCW
Chapter 9A.12
INSANITY
Sections
9A.12.010
Insanity.
9A.12.010 Insanity. To establish the defense of insanity, it must be shown that:
(1) At the time of the commission of the offense, as a
result of mental disease or defect, the mind of the actor was
affected to such an extent that:
(a) He was unable to perceive the nature and quality of
the act with which he is charged; or
(b) He was unable to tell right from wrong with reference
to the particular act charged.
9A.12.010
[Title 9A RCW—page 5]
Chapter 9A.16
Title 9A RCW: Washington Criminal Code
(2) The defense of insanity must be established by a preponderance of the evidence. [1975 1st ex.s. c 260 §
9A.12.010.]
Chapter 9A.16
Chapter 9A.16 RCW
DEFENSES
Sections
9A.16.010
9A.16.020
9A.16.030
9A.16.040
9A.16.050
9A.16.060
9A.16.070
9A.16.080
9A.16.090
9A.16.100
9A.16.110
9A.16.120
9A.16.900
Definitions.
Use of force—When lawful.
Homicide—When excusable.
Justifiable homicide or use of deadly force by public officer,
peace officer, person aiding.
Homicide—By other person—When justifiable.
Duress.
Entrapment.
Action for being detained on mercantile establishment premises for investigation—"Reasonable grounds" as defense.
Intoxication.
Use of force on children—Policy—Actions presumed unreasonable.
Defending against violent crime—Reimbursement.
Outdoor music festival, campground—Detention.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
of passengers, if such vehicle has first been stopped and the
force used is not more than is necessary to expel the offender
with reasonable regard to the offender’s personal safety;
(6) Whenever used by any person to prevent a mentally
ill, mentally incompetent, or mentally disabled person from
committing an act dangerous to any person, or in enforcing
necessary restraint for the protection or restoration to health
of the person, during such period only as is necessary to
obtain legal authority for the restraint or custody of the person. [1986 c 149 § 2; 1979 ex.s. c 244 § 7; 1977 ex.s. c 80 §
13; 1975 1st ex.s. c 260 § 9A.16.020.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Additional notes found at www.leg.wa.gov
9A.16.030 Homicide—When excusable. Homicide is
excusable when committed by accident or misfortune in
doing any lawful act by lawful means, without criminal negligence, or without any unlawful intent. [1979 ex.s. c 244 §
8; 1975 1st ex.s. c 260 § 9A.16.030.]
9A.16.030
Additional notes found at www.leg.wa.gov
9A.16.010 Definitions. In this chapter, unless a different meaning is plainly required:
(1) "Necessary" means that no reasonably effective alternative to the use of force appeared to exist and that the
amount of force used was reasonable to effect the lawful purpose intended.
(2) "Deadly force" means the intentional application of
force through the use of firearms or any other means reasonably likely to cause death or serious physical injury. [1986 c
209 § 1; 1975 1st ex.s. c 260 § 9A.16.010.]
9A.16.010
9A.16.020 Use of force—When lawful. The use,
attempt, or offer to use force upon or toward the person of
another is not unlawful in the following cases:
(1) Whenever necessarily used by a public officer in the
performance of a legal duty, or a person assisting the officer
and acting under the officer’s direction;
(2) Whenever necessarily used by a person arresting one
who has committed a felony and delivering him or her to a
public officer competent to receive him or her into custody;
(3) Whenever used by a party about to be injured, or by
another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or
personal property lawfully in his or her possession, in case
the force is not more than is necessary;
(4) Whenever reasonably used by a person to detain
someone who enters or remains unlawfully in a building or
on real property lawfully in the possession of such person, so
long as such detention is reasonable in duration and manner
to investigate the reason for the detained person’s presence
on the premises, and so long as the premises in question did
not reasonably appear to be intended to be open to members
of the public;
(5) Whenever used by a carrier of passengers or the carrier’s authorized agent or servant, or other person assisting
them at their request in expelling from a carriage, railway car,
vessel, or other vehicle, a passenger who refuses to obey a
lawful and reasonable regulation prescribed for the conduct
9A.16.020
[Title 9A RCW—page 6]
9A.16.040 Justifiable homicide or use of deadly force
by public officer, peace officer, person aiding. (1) Homicide or the use of deadly force is justifiable in the following
cases:
(a) When a public officer is acting in obedience to the
judgment of a competent court; or
(b) When necessarily used by a peace officer to overcome actual resistance to the execution of the legal process,
mandate, or order of a court or officer, or in the discharge of
a legal duty.
(c) When necessarily used by a peace officer or person
acting under the officer’s command and in the officer’s aid:
(i) To arrest or apprehend a person who the officer reasonably believes has committed, has attempted to commit, is
committing, or is attempting to commit a felony;
(ii) To prevent the escape of a person from a federal or
state correctional facility or in retaking a person who escapes
from such a facility; or
(iii) To prevent the escape of a person from a county or
city jail or holding facility if the person has been arrested for,
charged with, or convicted of a felony; or
(iv) To lawfully suppress a riot if the actor or another
participant is armed with a deadly weapon.
(2) In considering whether to use deadly force under subsection (1)(c) of this section, to arrest or apprehend any person for the commission of any crime, the peace officer must
have probable cause to believe that the suspect, if not apprehended, poses a threat of serious physical harm to the officer
or a threat of serious physical harm to others. Among the circumstances which may be considered by peace officers as a
"threat of serious physical harm" are the following:
(a) The suspect threatens a peace officer with a weapon
or displays a weapon in a manner that could reasonably be
construed as threatening; or
(b) There is probable cause to believe that the suspect
has committed any crime involving the infliction or threatened infliction of serious physical harm.
9A.16.040
(2010 Ed.)
Defenses
Under these circumstances deadly force may also be
used if necessary to prevent escape from the officer, where, if
feasible, some warning is given.
(3) A public officer or peace officer shall not be held
criminally liable for using deadly force without malice and
with a good faith belief that such act is justifiable pursuant to
this section.
(4) This section shall not be construed as:
(a) Affecting the permissible use of force by a person
acting under the authority of RCW 9A.16.020 or 9A.16.050;
or
(b) Preventing a law enforcement agency from adopting
standards pertaining to its use of deadly force that are more
restrictive than this section. [1986 c 209 § 2; 1975 1st ex.s. c
260 § 9A.16.040.]
Legislative recognition: "The legislature recognizes that RCW
9A.16.040 establishes a dual standard with respect to the use of deadly force
by peace officers and private citizens, and further recognizes that private citizens’ permissible use of deadly force under the authority of RCW 9.01.200,
9A.16.020, or 9A.16.050 is not restricted and remains broader than the limitations imposed on peace officers." [1986 c 209 § 3.]
9A.16.050 Homicide—By other person—When justifiable. Homicide is also justifiable when committed either:
(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other
person in his presence or company, when there is reasonable
ground to apprehend a design on the part of the person slain
to commit a felony or to do some great personal injury to the
slayer or to any such person, and there is imminent danger of
such design being accomplished; or
(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling,
or other place of abode, in which he is. [1975 1st ex.s. c 260
§ 9A.16.050.]
9A.16.050
9A.16.100
(a) The criminal design originated in the mind of law
enforcement officials, or any person acting under their direction, and
(b) The actor was lured or induced to commit a crime
which the actor had not otherwise intended to commit.
(2) The defense of entrapment is not established by a
showing only that law enforcement officials merely afforded
the actor an opportunity to commit a crime. [1975 1st ex.s. c
260 § 9A.16.070.]
9A.16.080 Action for being detained on mercantile
establishment premises for investigation—"Reasonable
grounds" as defense. In any criminal action brought by reason of any person having been detained on or in the immediate vicinity of the premises of a mercantile establishment for
the purpose of investigation or questioning as to the ownership of any merchandise, it shall be a defense of such action
that the person was detained in a reasonable manner and for
not more than a reasonable time to permit such investigation
or questioning by a peace officer, by the owner of the mercantile establishment, or by the owner’s authorized employee
or agent, and that such peace officer, owner, employee, or
agent had reasonable grounds to believe that the person so
detained was committing or attempting to commit theft or
shoplifting on such premises of such merchandise. As used in
this section, "reasonable grounds" shall include, but not be
limited to, knowledge that a person has concealed possession
of unpurchased merchandise of a mercantile establishment,
and a "reasonable time" shall mean the time necessary to permit the person detained to make a statement or to refuse to
make a statement, and the time necessary to examine employees and records of the mercantile establishment relative to the
ownership of the merchandise. [1975 1st ex.s. c 260 §
9A.16.080.]
9A.16.080
9A.16.090 Intoxication. No act committed by a person
while in a state of voluntary intoxication shall be deemed less
criminal by reason of his condition, but whenever the actual
existence of any particular mental state is a necessary element
to constitute a particular species or degree of crime, the fact
of his intoxication may be taken into consideration in determining such mental state. [1975 1st ex.s. c 260 § 9A.16.090.]
9A.16.090
9A.16.060 Duress. (1) In any prosecution for a crime,
it is a defense that:
(a) The actor participated in the crime under compulsion
by another who by threat or use of force created an apprehension in the mind of the actor that in case of refusal he or she
or another would be liable to immediate death or immediate
grievous bodily injury; and
(b) That such apprehension was reasonable upon the part
of the actor; and
(c) That the actor would not have participated in the
crime except for the duress involved.
(2) The defense of duress is not available if the crime
charged is murder, manslaughter, or homicide by abuse.
(3) The defense of duress is not available if the actor
intentionally or recklessly places himself or herself in a situation in which it is probable that he or she will be subject to
duress.
(4) The defense of duress is not established solely by a
showing that a married person acted on the command of his
or her spouse. [1999 c 60 § 1; 1975 1st ex.s. c 260 §
9A.16.060.]
9A.16.060
9A.16.070 Entrapment. (1) In any prosecution for a
crime, it is a defense that:
9A.16.070
(2010 Ed.)
9A.16.100 Use of force on children—Policy—Actions
presumed unreasonable. It is the policy of this state to protect children from assault and abuse and to encourage parents, teachers, and their authorized agents to use methods of
correction and restraint of children that are not dangerous to
the children. However, the physical discipline of a child is not
unlawful when it is reasonable and moderate and is inflicted
by a parent, teacher, or guardian for purposes of restraining or
correcting the child. Any use of force on a child by any other
person is unlawful unless it is reasonable and moderate and is
authorized in advance by the child’s parent or guardian for
purposes of restraining or correcting the child.
The following actions are presumed unreasonable when
used to correct or restrain a child: (1) Throwing, kicking,
burning, or cutting a child; (2) striking a child with a closed
fist; (3) shaking a child under age three; (4) interfering with a
child’s breathing; (5) threatening a child with a deadly
9A.16.100
[Title 9A RCW—page 7]
9A.16.110
Title 9A RCW: Washington Criminal Code
weapon; or (6) doing any other act that is likely to cause and
which does cause bodily harm greater than transient pain or
minor temporary marks. The age, size, and condition of the
child and the location of the injury shall be considered when
determining whether the bodily harm is reasonable or moderate. This list is illustrative of unreasonable actions and is not
intended to be exclusive. [1986 c 149 § 1.]
d.
e.
f.
9A.16.110
9A.16.110 Defending against violent crime—Reimbursement. (1) No person in the state shall be placed in legal
jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to
the aid of another who is in imminent danger of or the victim
of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime as defined in RCW 9.94A.030.
(2) When a person charged with a crime listed in subsection (1) of this section is found not guilty by reason of selfdefense, the state of Washington shall reimburse the defendant for all reasonable costs, including loss of time, legal fees
incurred, and other expenses involved in his or her defense.
This reimbursement is not an independent cause of action. To
award these reasonable costs the trier of fact must find that
the defendant’s claim of self-defense was sustained by a preponderance of the evidence. If the trier of fact makes a determination of self-defense, the judge shall determine the
amount of the award.
(3) Notwithstanding a finding that a defendant’s actions
were justified by self-defense, if the trier of fact also determines that the defendant was engaged in criminal conduct
substantially related to the events giving rise to the charges
filed against the defendant the judge may deny or reduce the
amount of the award. In determining the amount of the
award, the judge shall also consider the seriousness of the initial criminal conduct.
Nothing in this section precludes the legislature from
using the sundry claims process to grant an award where none
was granted under this section or to grant a higher award than
one granted under this section.
(4) Whenever the issue of self-defense under this section
is decided by a judge, the judge shall consider the same questions as must be answered in the special verdict under subsection (4) [(5)] of this section.
(5) Whenever the issue of self-defense under this section
has been submitted to a jury, and the jury has found the
defendant not guilty, the court shall instruct the jury to return
a special verdict in substantially the following form:
answer
yes or no
1.
2.
3.
a.
b.
c.
Was the finding of not guilty based
upon self-defense?
If your answer to question 1 is no, do
not answer the remaining question.
If your answer to question 1 is yes,
was the defendant:
Protecting himself or herself?
Protecting his or her family?
Protecting his or her property?
[Title 9A RCW—page 8]
.....
.....
.....
.....
Coming to the aid of another who
was in imminent danger of a heinous
crime?
Coming to the aid of another who
was the victim of a heinous crime?
Engaged in criminal conduct substantially related to the events giving
rise to the crime with which the
defendant is charged?
.....
.....
.....
[1995 c 44 § 1; 1989 c 94 § 1; 1977 ex.s. c 206 § 8. Formerly
RCW 9.01.200.]
Use of deadly force—Legislative recognition: See note following
RCW 9A.16.040.
9A.16.120 Outdoor music festival, campground—
Detention. (1) In a criminal action brought against the
detainer by reason of a person having been detained on or in
the immediate vicinity of the premises of an outdoor music
festival or related campground for the purpose of pursuing an
investigation or questioning by a law enforcement officer as
to the lawfulness of the consumption or possession of alcohol
or illegal drugs, it is a defense that the detained person was
detained in a reasonable manner and for not more than a reasonable time to permit the investigation or questioning by a
law enforcement officer, and that a peace officer, owner,
operator, employee, or agent of the outdoor music festival
had reasonable grounds to believe that the person so detained
was unlawfully consuming or attempting to unlawfully consume or possess, alcohol or illegal drugs on the premises.
(2) For the purposes of this section:
(a) "Illegal drug" means a controlled substance under
chapter 69.50 RCW for which the person detained does not
have a valid prescription or that is not being consumed in
accordance with the prescription directions and warnings, or
a legend drug under chapter 69.41 RCW for which the person
does not have a valid prescription or that is not being consumed in accordance with the prescription directions and
warnings.
(b) "Outdoor music festival" has the same meaning as in
RCW 70.108.020, except that no minimum time limit is
required.
(c) "Reasonable grounds" include, but are not limited to:
(i) Exhibiting the effects of having consumed liquor,
which means that a person has the odor of liquor on his or her
breath, or that by speech, manner, appearance, behavior, lack
of coordination, or otherwise exhibits that he or she has consumed liquor, and either:
(A) Is in possession of or in close proximity to a container that has or recently had liquor in it; or
(B) Is shown by other evidence to have recently consumed liquor; or
(ii) Exhibiting the effects of having consumed an illegal
drug, which means that a person by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits
that he or she has consumed an illegal drug, and either:
(A) Is in possession of an illegal drug; or
(B) Is shown by other evidence to have recently consumed an illegal drug.
(d) "Reasonable time" means the time necessary to permit the person detained to make a statement or to refuse to
9A.16.120
(2010 Ed.)
Classification of Crimes
make a statement, and the time necessary to allow a law
enforcement officer to determine the lawfulness of the consumption or possession of alcohol or illegal drugs. "Reasonable time" may not exceed one hour. [2003 c 219 § 1.]
9A.16.900 Construction—Chapter applicable to
state registered domestic partnerships—2009 c 521. For
the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family
shall be interpreted as applying equally to state registered
domestic partnerships or individuals in state registered
domestic partnerships as well as to marital relationships and
married persons, and references to dissolution of marriage
shall apply equally to state registered domestic partnerships
that have been terminated, dissolved, or invalidated, to the
extent that such interpretation does not conflict with federal
law. Where necessary to implement chapter 521, Laws of
2009, gender-specific terms such as husband and wife used in
any statute, rule, or other law shall be construed to be gender
neutral, and applicable to individuals in state registered
domestic partnerships. [2009 c 521 § 22.]
9A.16.900
Chapter 9A.20
Chapter 9A.20 RCW
CLASSIFICATION OF CRIMES
Sections
9A.20.010
9A.20.020
9A.20.021
9A.20.030
9A.20.040
Classification and designation of crimes.
Authorized sentences for crimes committed before July 1,
1984.
Maximum sentences for crimes committed July 1, 1984, and
after.
Alternative to a fine—Restitution.
Prosecutions related to felonies defined outside Title 9A
RCW.
Assessments required of convicted persons
offender supervision: RCW 9.94A.780.
parolees: RCW 72.04A.120.
probationers: RCW 10.64.120.
9A.20.010 Classification and designation of crimes.
(1) Classified Felonies. (a) The particular classification of
each felony defined in Title 9A RCW is expressly designated
in the section defining it.
(b) For purposes of sentencing, classified felonies are
designated as one of three classes, as follows:
(i) Class A felony; or
(ii) Class B felony; or
(iii) Class C felony.
(2) Misdemeanors and Gross Misdemeanors. (a) Any
crime punishable by a fine of not more than one thousand
dollars, or by imprisonment in a county jail for not more than
ninety days, or by both such fine and imprisonment is a misdemeanor. Whenever the performance of any act is prohibited by any statute, and no penalty for the violation of such
statute is imposed, the committing of such act shall be a misdemeanor.
(b) All crimes other than felonies and misdemeanors are
gross misdemeanors. [1984 c 258 § 808; 1975 1st ex.s. c 260
§ 9A.20.010.]
9A.20.010
Additional notes found at www.leg.wa.gov
(2010 Ed.)
9A.20.021
9A.20.020 Authorized sentences for crimes committed before July 1, 1984. (1) Felony. Every person convicted
of a classified felony shall be punished as follows:
(a) For a class A felony, by imprisonment in a state correctional institution for a maximum term fixed by the court of
not less than twenty years, or by a fine in an amount fixed by
the court of not more than fifty thousand dollars, or by both
such imprisonment and fine;
(b) For a class B felony, by imprisonment in a state correctional institution for a maximum term of not more than ten
years, or by a fine in an amount fixed by the court of not more
than twenty thousand dollars, or by both such imprisonment
and fine;
(c) For a class C felony, by imprisonment in a state correctional institution for a maximum term of not more than
five years, or by a fine in an amount fixed by the court of not
more than ten thousand dollars, or by both such imprisonment and fine.
(2) Gross Misdemeanor. Every person convicted of a
gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term
fixed by the court of not more than one year, or by a fine in an
amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.
(3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by
imprisonment in the county jail for a maximum term fixed by
the court of not more than ninety days, or by a fine in an
amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine.
(4) This section applies to only those crimes committed
prior to July 1, 1984. [1982 c 192 § 9; 1981 c 137 § 37; 1975’76 2nd ex.s. c 38 § 2; 1975 1st ex.s. c 260 § 9A.20.020.]
9A.20.020
Penalty assessments in addition to fine or bail forfeiture—Crime victim and
witness programs in county: RCW 7.68.035.
Additional notes found at www.leg.wa.gov
9A.20.021 Maximum sentences for crimes committed
July 1, 1984, and after. (1) Felony. Unless a different maximum sentence for a classified felony is specifically established by a statute of this state, no person convicted of a classified felony shall be punished by confinement or fine
exceeding the following:
(a) For a class A felony, by confinement in a state correctional institution for a term of life imprisonment, or by a fine
in an amount fixed by the court of fifty thousand dollars, or
by both such confinement and fine;
(b) For a class B felony, by confinement in a state correctional institution for a term of ten years, or by a fine in an
amount fixed by the court of twenty thousand dollars, or by
both such confinement and fine;
(c) For a class C felony, by confinement in a state correctional institution for five years, or by a fine in an amount
fixed by the court of ten thousand dollars, or by both such
confinement and fine.
(2) Gross misdemeanor. Every person convicted of a
gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term
fixed by the court of not more than one year, or by a fine in an
amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.
9A.20.021
[Title 9A RCW—page 9]
9A.20.030
Title 9A RCW: Washington Criminal Code
(3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by
imprisonment in the county jail for a maximum term fixed by
the court of not more than ninety days, or by a fine in an
amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine.
(4) This section applies to only those crimes committed
on or after July 1, 1984. [2003 c 288 § 7; 2003 c 53 § 63;
1982 c 192 § 10.]
Reviser’s note: This section was amended by 2003 c 53 § 63 and by
2003 c 288 § 7, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
or more, such felony shall be treated as a class A felony for
purposes of this title;
(2) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is eight years or
more, but less than twenty years, such felony shall be treated
as a class B felony for purposes of this title;
(3) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is less than eight
years, such felony shall be treated as a class C felony for purposes of this title. [1975 1st ex.s. c 260 § 9A.20.040.]
Chapter 9A.28
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Penalty assessments in addition to fine or bail forfeiture—Crime victim and
witness programs in county: RCW 7.68.035.
9A.20.030 Alternative to a fine—Restitution. (1) If a
person has gained money or property or caused a victim to
lose money or property through the commission of a crime,
upon conviction thereof or when the offender pleads guilty to
a lesser offense or fewer offenses and agrees with the prosecutor’s recommendation that the offender be required to pay
restitution to a victim of an offense or offenses which are not
prosecuted pursuant to a plea agreement, the court, in lieu of
imposing the fine authorized for the offense under RCW
9A.20.020, may order the defendant to pay an amount, fixed
by the court, not to exceed double the amount of the defendant’s gain or victim’s loss from the commission of a crime.
Such amount may be used to provide restitution to the victim
at the order of the court. It shall be the duty of the prosecuting
attorney to investigate the alternative of restitution, and to
recommend it to the court, when the prosecuting attorney
believes that restitution is appropriate and feasible. If the
court orders restitution, the court shall make a finding as to
the amount of the defendant’s gain or victim’s loss from the
crime, and if the record does not contain sufficient evidence
to support such finding the court may conduct a hearing upon
the issue. For purposes of this section, the terms "gain" or
"loss" refer to the amount of money or the value of property
or services gained or lost.
(2) Notwithstanding any other provision of law, this section also applies to any corporation or joint stock association
found guilty of any crime. [1982 1st ex.s. c 47 § 12; 1979 c
29 § 3; 1975 1st ex.s. c 260 § 9A.20.030.]
9A.20.030
Restitution
condition of probation: RCW 9.95.210.
condition to suspending sentence: RCW 9.92.060.
disposition when victim dead or not found: RCW 7.68.290.
Additional notes found at www.leg.wa.gov
9A.20.040 Prosecutions related to felonies defined
outside Title 9A RCW. In any prosecution under this title
where the grade or degree of a crime is determined by reference to the degree of a felony for which the defendant or
another previously had been sought, arrested, charged, convicted, or sentenced, if such felony is defined by a statute of
this state which is not in Title 9A RCW, unless otherwise provided:
(1) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is twenty years
9A.20.040
[Title 9A RCW—page 10]
Chapter 9A.28 RCW
ANTICIPATORY OFFENSES
Sections
9A.28.010
9A.28.020
9A.28.030
9A.28.040
Prosecutions based on felonies defined outside Title 9A RCW.
Criminal attempt.
Criminal solicitation.
Criminal conspiracy.
9A.28.010 Prosecutions based on felonies defined
outside Title 9A RCW. In any prosecution under this title
for attempt, solicitation, or conspiracy to commit a felony
defined by a statute of this state which is not in this title,
unless otherwise provided:
(1) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is twenty years
or more, such felony shall be treated as a class A felony for
purposes of this title;
(2) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is eight years or
more but less than twenty years, such felony shall be treated
as a class B felony for purposes of this title;
(3) If the maximum sentence of imprisonment authorized by law upon conviction of such felony is less than eight
years, such felony shall be treated as a class C felony for purposes of this title. [1975 1st ex.s. c 260 § 9A.28.010.]
9A.28.010
9A.28.020 Criminal attempt. (1) A person is guilty of
an attempt to commit a crime if, with intent to commit a specific crime, he or she does any act which is a substantial step
toward the commission of that crime.
(2) If the conduct in which a person engages otherwise
constitutes an attempt to commit a crime, it is no defense to a
prosecution of such attempt that the crime charged to have
been attempted was, under the attendant circumstances, factually or legally impossible of commission.
(3) An attempt to commit a crime is a:
(a) Class A felony when the crime attempted is murder in
the first degree, murder in the second degree, arson in the first
degree, child molestation in the first degree, indecent liberties
by forcible compulsion, rape in the first degree, rape in the
second degree, rape of a child in the first degree, or rape of a
child in the second degree;
(b) Class B felony when the crime attempted is a class A
felony other than an offense listed in (a) of this subsection;
(c) Class C felony when the crime attempted is a class B
felony;
(d) Gross misdemeanor when the crime attempted is a
class C felony;
9A.28.020
(2010 Ed.)
Homicide
(e) Misdemeanor when the crime attempted is a gross
misdemeanor or misdemeanor. [2001 2nd sp.s. c 12 § 354;
1994 c 271 § 101; 1981 c 203 § 3; 1975 1st ex.s. c 260 §
9A.28.020.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Purpose—1994 c 271: "The purpose of chapter 271, Laws of 1994 is to
make certain technical corrections and correct oversights discovered only
after unanticipated circumstances have arisen. These changes are necessary
to give full expression to the original intent of the legislature." [1994 c 271
§ 1.]
Additional notes found at www.leg.wa.gov
9A.28.030
9A.28.030 Criminal solicitation. (1) A person is guilty
of criminal solicitation when, with intent to promote or facilitate the commission of a crime, he offers to give or gives
money or other thing of value to another to engage in specific
conduct which would constitute such crime or which would
establish complicity of such other person in its commission
or attempted commission had such crime been attempted or
committed.
(2) Criminal solicitation shall be punished in the same
manner as criminal attempt under RCW 9A.28.020. [1975
1st ex.s. c 260 § 9A.28.030.]
9A.28.040
9A.28.040 Criminal conspiracy. (1) A person is guilty
of criminal conspiracy when, with intent that conduct constituting a crime be performed, he or she agrees with one or
more persons to engage in or cause the performance of such
conduct, and any one of them takes a substantial step in pursuance of such agreement.
(2) It shall not be a defense to criminal conspiracy that
the person or persons with whom the accused is alleged to
have conspired:
(a) Has not been prosecuted or convicted; or
(b) Has been convicted of a different offense; or
(c) Is not amenable to justice; or
(d) Has been acquitted; or
(e) Lacked the capacity to commit an offense; or
(f) Is a law enforcement officer or other government
agent who did not intend that a crime be committed.
(3) Criminal conspiracy is a:
(a) Class A felony when an object of the conspiratorial
agreement is murder in the first degree;
(b) Class B felony when an object of the conspiratorial
agreement is a class A felony other than murder in the first
degree;
(c) Class C felony when an object of the conspiratorial
agreement is a class B felony;
(d) Gross misdemeanor when an object of the conspiratorial agreement is a class C felony;
(e) Misdemeanor when an object of the conspiratorial
agreement is a gross misdemeanor or misdemeanor. [1997 c
17 § 1; 1975 1st ex.s. c 260 § 9A.28.040.]
(2010 Ed.)
9A.32.030
Chapter 9A.32
Chapter 9A.32 RCW
HOMICIDE
Sections
9A.32.010
9A.32.020
9A.32.030
9A.32.040
9A.32.050
9A.32.055
9A.32.060
9A.32.070
Homicide defined.
Premeditation—Limitations.
Murder in the first degree.
Murder in the first degree—Sentence.
Murder in the second degree.
Homicide by abuse.
Manslaughter in the first degree.
Manslaughter in the second degree.
Capital punishment—Aggravated first degree murder: Chapter 10.95 RCW.
Controlled substances homicide: RCW 69.50.415.
9A.32.010 Homicide defined. Homicide is the killing
of a human being by the act, procurement, or omission of
another, death occurring at any time, and is either (1) murder,
(2) homicide by abuse, (3) manslaughter, (4) excusable homicide, or (5) justifiable homicide. [1997 c 196 § 3; 1987 c 187
§ 2; 1983 c 10 § 1; 1975 1st ex.s. c 260 § 9A.32.010.]
9A.32.010
Excusable homicide: RCW 9A.16.030.
Justifiable homicide: RCW 9A.16.040 and 9A.16.050.
9A.32.020 Premeditation—Limitations. (1) As used
in this chapter, the premeditation required in order to support
a conviction of the crime of murder in the first degree must
involve more than a moment in point of time.
(2) Nothing contained in this chapter shall affect RCW
46.61.520. [1975 1st ex.s. c 260 § 9A.32.020.]
9A.32.020
9A.32.030 Murder in the first degree. (1) A person is
guilty of murder in the first degree when:
(a) With a premeditated intent to cause the death of
another person, he or she causes the death of such person or
of a third person; or
(b) Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which
creates a grave risk of death to any person, and thereby causes
the death of a person; or
(c) He or she commits or attempts to commit the crime of
either (1) robbery in the first or second degree, (2) rape in the
first or second degree, (3) burglary in the first degree, (4)
arson in the first or second degree, or (5) kidnapping in the
first or second degree, and in the course of or in furtherance
of such crime or in immediate flight therefrom, he or she, or
another participant, causes the death of a person other than
one of the participants: Except that in any prosecution under
this subdivision (1)(c) in which the defendant was not the
only participant in the underlying crime, if established by the
defendant by a preponderance of the evidence, it is a defense
that the defendant:
(i) Did not commit the homicidal act or in any way
solicit, request, command, importune, cause, or aid the commission thereof; and
(ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or
serious physical injury; and
(iii) Had no reasonable grounds to believe that any other
participant was armed with such a weapon, instrument, article, or substance; and
9A.32.030
[Title 9A RCW—page 11]
9A.32.040
Title 9A RCW: Washington Criminal Code
(iv) Had no reasonable grounds to believe that any other
participant intended to engage in conduct likely to result in
death or serious physical injury.
(2) Murder in the first degree is a class A felony. [1990
c 200 § 1; 1975-’76 2nd ex.s. c 38 § 3; 1975 1st ex.s. c 260 §
9A.32.030.]
intended to be curative in nature. The legislature urges the supreme court to
apply this interpretation retroactively to July 1, 1976." [2003 c 3 § 1.]
Effective date—2003 c 3: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[February 12, 2003]." [2003 c 3 § 3.]
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
9A.32.055 Homicide by abuse. (1) A person is guilty
of homicide by abuse if, under circumstances manifesting an
extreme indifference to human life, the person causes the
death of a child or person under sixteen years of age, a developmentally disabled person, or a dependent adult, and the
person has previously engaged in a pattern or practice of
assault or torture of said child, person under sixteen years of
age, developmentally disabled person, or dependent person.
(2) As used in this section, "dependent adult" means a
person who, because of physical or mental disability, or
because of extreme advanced age, is dependent upon another
person to provide the basic necessities of life.
(3) Homicide by abuse is a class A felony. [1987 c 187
§ 1.]
9A.32.055
9A.32.040 Murder in the first degree—Sentence.
Notwithstanding RCW 9A.32.030(2), any person convicted
of the crime of murder in the first degree shall be sentenced
to life imprisonment. [1982 c 10 § 2. Prior: (1) 1981 c 138 §
21; 1977 ex.s. c 206 § 3; 1975 1st ex.s. c 260 § 9A.32.040. (2)
1981 c 136 § 55 repealed by 1982 c 10 § 18.]
9A.32.040
Capital punishment—Aggravated first degree murder: Chapter 10.95 RCW.
Additional notes found at www.leg.wa.gov
9A.32.050 Murder in the second degree. (1) A person
is guilty of murder in the second degree when:
(a) With intent to cause the death of another person but
without premeditation, he or she causes the death of such person or of a third person; or
(b) He or she commits or attempts to commit any felony,
including assault, other than those enumerated in RCW
9A.32.030(1)(c), and, in the course of and in furtherance of
such crime or in immediate flight therefrom, he or she, or
another participant, causes the death of a person other than
one of the participants; except that in any prosecution under
this subdivision (1)(b) in which the defendant was not the
only participant in the underlying crime, if established by the
defendant by a preponderance of the evidence, it is a defense
that the defendant:
(i) Did not commit the homicidal act or in any way
solicit, request, command, importune, cause, or aid the commission thereof; and
(ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or
serious physical injury; and
(iii) Had no reasonable grounds to believe that any other
participant was armed with such a weapon, instrument, article, or substance; and
(iv) Had no reasonable grounds to believe that any other
participant intended to engage in conduct likely to result in
death or serious physical injury.
(2) Murder in the second degree is a class A felony.
[2003 c 3 § 2; 1975-’76 2nd ex.s. c 38 § 4; 1975 1st ex.s. c
260 § 9A.32.050.]
9A.32.050
Findings—Intent—2003 c 3: "The legislature finds that the 1975 legislature clearly and unambiguously stated that any felony, including assault,
can be a predicate offense for felony murder. The intent was evident: Punish, under the applicable murder statutes, those who commit a homicide in
the course and in furtherance of a felony. This legislature reaffirms that original intent and further intends to honor and reinforce the court’s decisions
over the past twenty-eight years interpreting "in furtherance of" as requiring
the death to be sufficiently close in time and proximity to the predicate felony. The legislature does not agree with or accept the court’s findings of legislative intent in State v. Andress, Docket No. 71170-4 (October 24, 2002),
and reasserts that assault has always been and still remains a predicate
offense for felony murder in the second degree.
To prevent a miscarriage of the legislature’s original intent, the legislature finds in light of State v. Andress, Docket No. 71170-4 (October 24,
2002), that it is necessary to amend RCW 9A.32.050. This amendment is
[Title 9A RCW—page 12]
9A.32.060 Manslaughter in the first degree. (1) A
person is guilty of manslaughter in the first degree when:
(a) He recklessly causes the death of another person; or
(b) He intentionally and unlawfully kills an unborn quick
child by inflicting any injury upon the mother of such child.
(2) Manslaughter in the first degree is a class A felony.
[1997 c 365 § 5; 1975 1st ex.s. c 260 § 9A.32.060.]
9A.32.060
9A.32.070 Manslaughter in the second degree. (1) A
person is guilty of manslaughter in the second degree when,
with criminal negligence, he causes the death of another person.
(2) Manslaughter in the second degree is a class B felony. [1997 c 365 § 6; 1975 1st ex.s. c 260 § 9A.32.070.]
9A.32.070
Chapter 9A.36
Chapter 9A.36 RCW
ASSAULT—PHYSICAL HARM
Sections
9A.36.011
9A.36.021
9A.36.031
9A.36.041
9A.36.045
9A.36.050
9A.36.060
9A.36.070
9A.36.078
9A.36.080
9A.36.083
9A.36.090
9A.36.100
9A.36.120
9A.36.130
9A.36.140
9A.36.150
9A.36.160
9A.36.161
Assault in the first degree.
Assault in the second degree.
Assault in the third degree.
Assault in the fourth degree.
Drive-by shooting.
Reckless endangerment.
Promoting a suicide attempt.
Coercion.
Malicious harassment—Finding.
Malicious harassment—Definition and criminal penalty.
Malicious harassment—Civil action.
Threats against governor or family.
Custodial assault.
Assault of a child in the first degree.
Assault of a child in the second degree.
Assault of a child in the third degree.
Interfering with the reporting of domestic violence.
Failing to summon assistance.
Failing to summon assistance—Penalty.
9A.36.011 Assault in the first degree. (1) A person is
guilty of assault in the first degree if he or she, with intent to
inflict great bodily harm:
9A.36.011
(2010 Ed.)
Assault—Physical Harm
(a) Assaults another with a firearm or any deadly weapon
or by any force or means likely to produce great bodily harm
or death; or
(b) Administers, exposes, or transmits to or causes to be
taken by another, poison, the human immunodeficiency virus
as defined in chapter 70.24 RCW, or any other destructive or
noxious substance; or
(c) Assaults another and inflicts great bodily harm.
(2) Assault in the first degree is a class A felony. [1997
c 196 § 1; 1986 c 257 § 4.]
Additional notes found at www.leg.wa.gov
9A.36.021 Assault in the second degree. (1) A person
is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree:
(a) Intentionally assaults another and thereby recklessly
inflicts substantial bodily harm; or
(b) Intentionally and unlawfully causes substantial
bodily harm to an unborn quick child by intentionally and
unlawfully inflicting any injury upon the mother of such
child; or
(c) Assaults another with a deadly weapon; or
(d) With intent to inflict bodily harm, administers to or
causes to be taken by another, poison or any other destructive
or noxious substance; or
(e) With intent to commit a felony, assaults another; or
(f) Knowingly inflicts bodily harm which by design
causes such pain or agony as to be the equivalent of that produced by torture; or
(g) Assaults another by strangulation.
(2)(a) Except as provided in (b) of this subsection,
assault in the second degree is a class B felony.
(b) Assault in the second degree with a finding of sexual
motivation under RCW 9.94A.835 or 13.40.135 is a class A
felony. [2007 c 79 § 2; 2003 c 53 § 64; 2001 2nd sp.s. c 12 §
355; 1997 c 196 § 2. Prior: 1988 c 266 § 2; 1988 c 206 § 916;
1988 c 158 § 2; 1987 c 324 § 2; 1986 c 257 § 5.]
9A.36.021
Finding—2007 c 79: "The legislature finds that assault by strangulation may result in immobilization of a victim, may cause a loss of consciousness, injury, or even death, and has been a factor in a significant number of
domestic violence related assaults and fatalities. While not limited to acts of
assault against an intimate partner, assault by strangulation is often knowingly inflicted upon an intimate partner with the intent to commit physical
injury, or substantial or great bodily harm. Strangulation is one of the most
lethal forms of domestic violence. The particular cruelty of this offense and
its potential effects upon a victim both physically and psychologically, merit
its categorization as a ranked felony offense under chapter 9A.36 RCW."
[2007 c 79 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
9A.36.031 Assault in the third degree. (1) A person is
guilty of assault in the third degree if he or she, under circumstances not amounting to assault in the first or second degree:
(a) With intent to prevent or resist the execution of any
lawful process or mandate of any court officer or the lawful
apprehension or detention of himself or another person,
assaults another; or
9A.36.031
(2010 Ed.)
9A.36.045
(b) Assaults a person employed as a transit operator or
driver, the immediate supervisor of a transit operator or
driver, a mechanic, or a security officer, by a public or private
transit company or a contracted transit service provider,
while that person is performing his or her official duties at the
time of the assault; or
(c) Assaults a school bus driver, the immediate supervisor of a driver, a mechanic, or a security officer, employed by
a school district transportation service or a private company
under contract for transportation services with a school district, while the person is performing his or her official duties
at the time of the assault; or
(d) With criminal negligence, causes bodily harm to
another person by means of a weapon or other instrument or
thing likely to produce bodily harm; or
(e) Assaults a firefighter or other employee of a fire
department, county fire marshal’s office, county fire prevention bureau, or fire protection district who was performing his
or her official duties at the time of the assault; or
(f) With criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient
to cause considerable suffering; or
(g) Assaults a law enforcement officer or other employee
of a law enforcement agency who was performing his or her
official duties at the time of the assault; or
(h) Assaults a peace officer with a projectile stun gun; or
(i) Assaults a nurse, physician, or health care provider
who was performing his or her nursing or health care duties
at the time of the assault. For purposes of this subsection:
"Nurse" means a person licensed under chapter 18.79 RCW;
"physician" means a person licensed under chapter 18.57 or
18.71 RCW; and "health care provider" means a person certified under chapter 18.71 or 18.73 RCW who performs emergency medical services or a person regulated under Title 18
RCW and employed by, or contracting with, a hospital
licensed under chapter 70.41 RCW.
(2) Assault in the third degree is a class C felony. [2005
c 458 § 1; 1999 c 328 § 1; 1998 c 94 § 1; 1997 c 172 § 1; 1996
c 266 § 1; 1990 c 236 § 1; 1989 c 169 § 1; 1988 c 158 § 3;
1986 c 257 § 6.]
Additional notes found at www.leg.wa.gov
9A.36.041 Assault in the fourth degree. (1) A person
is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third
degree, or custodial assault, he or she assaults another.
(2) Assault in the fourth degree is a gross misdemeanor.
[1987 c 188 § 2; 1986 c 257 § 7.]
9A.36.041
Additional notes found at www.leg.wa.gov
9A.36.045 Drive-by shooting. (1) A person is guilty of
drive-by shooting when he or she recklessly discharges a firearm as defined in RCW 9.41.010 in a manner which creates a
substantial risk of death or serious physical injury to another
person and the discharge is either from a motor vehicle or
from the immediate area of a motor vehicle that was used to
transport the shooter or the firearm, or both, to the scene of
the discharge.
(2) A person who unlawfully discharges a firearm from a
moving motor vehicle may be inferred to have engaged in
9A.36.045
[Title 9A RCW—page 13]
9A.36.050
Title 9A RCW: Washington Criminal Code
reckless conduct, unless the discharge is shown by evidence
satisfactory to the trier of fact to have been made without
such recklessness.
(3) Drive-by shooting is a class B felony. [1997 c 338 §
44; 1995 c 129 § 8 (Initiative Measure No. 159); (1994 sp.s.
c 7 § 511 repealed by 1995 c 129 § 19 (Initiative Measure No.
159)); 1989 c 271 § 109.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Finding—Intent—1989 c 271 §§ 102, 109, and 110: See note following RCW 9A.36.050.
Additional notes found at www.leg.wa.gov
9A.36.050 Reckless endangerment. (1) A person is
guilty of reckless endangerment when he or she recklessly
engages in conduct not amounting to drive-by shooting but
that creates a substantial risk of death or serious physical
injury to another person.
(2) Reckless endangerment is a gross misdemeanor.
[1997 c 338 § 45; 1989 c 271 § 110; 1975 1st ex.s. c 260 §
9A.36.050.]
9A.36.050
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Finding—Intent—1989 c 271 §§ 102, 109, and 110: "The legislature
finds that increased trafficking in illegal drugs has increased the likelihood of
"drive-by shootings." It is the intent of the legislature in sections 102, 109,
and 110 of this act to categorize such reckless and criminal activity into a
separate crime and to provide for an appropriate punishment." [1989 c 271
§ 108.]
Criminal history and driving record: RCW 46.61.513.
Additional notes found at www.leg.wa.gov
9A.36.060 Promoting a suicide attempt. (1) A person
is guilty of promoting a suicide attempt when he knowingly
causes or aids another person to attempt suicide.
(2) Promoting a suicide attempt is a class C felony.
[1975 1st ex.s. c 260 § 9A.36.060.]
9A.36.060
9A.36.070 Coercion. (1) A person is guilty of coercion
if by use of a threat he compels or induces a person to engage
in conduct which the latter has a legal right to abstain from,
or to abstain from conduct which he has a legal right to
engage in.
(2) "Threat" as used in this section means:
(a) To communicate, directly or indirectly, the intent
immediately to use force against any person who is present at
the time; or
(b) Threats as defined in *RCW 9A.04.110(25) (a), (b),
or (c).
(3) Coercion is a gross misdemeanor. [1975 1st ex.s. c
260 § 9A.36.070.]
9A.36.070
*Reviser’s note: RCW 9A.04.110 was amended by 2005 c 458 § 3,
changing subsection (25) to subsection (26); and was subsequently amended
by 2007 c 79 § 3, changing subsection (26) to subsection (27).
9A.36.078 Malicious harassment—Finding. The legislature finds that crimes and threats against persons because
of their race, color, religion, ancestry, national origin, gender,
9A.36.078
[Title 9A RCW—page 14]
sexual orientation, or mental, physical, or sensory handicaps
are serious and increasing. The legislature also finds that
crimes and threats are often directed against interracial couples and their children or couples of mixed religions, colors,
ancestries, or national origins because of bias and bigotry
against the race, color, religion, ancestry, or national origin of
one person in the couple or family. The legislature finds that
the state interest in preventing crimes and threats motivated
by bigotry and bias goes beyond the state interest in preventing other felonies or misdemeanors such as criminal trespass,
malicious mischief, assault, or other crimes that are not motivated by hatred, bigotry, and bias, and that prosecution of
those other crimes inadequately protects citizens from crimes
and threats motivated by bigotry and bias. Therefore, the legislature finds that protection of those citizens from threats of
harm due to bias and bigotry is a compelling state interest.
The legislature also finds that in many cases, certain discrete words or symbols are used to threaten the victims.
Those discrete words or symbols have historically or traditionally been used to connote hatred or threats towards members of the class of which the victim or a member of the victim’s family or household is a member. In particular, the legislature finds that cross burnings historically and traditionally
have been used to threaten, terrorize, intimidate, and harass
African Americans and their families. Cross burnings often
preceded lynchings, murders, burning of homes, and other
acts of terror. Further, Nazi swastikas historically and traditionally have been used to threaten, terrorize, intimidate, and
harass Jewish people and their families. Swastikas symbolize
the massive destruction of the Jewish population, commonly
known as the holocaust. Therefore, the legislature finds that
any person who burns or attempts to burn a cross or displays
a swastika on the property of the victim or burns a cross or
displays a swastika as part of a series of acts directed towards
a particular person, the person’s family or household members, or a particular group, knows or reasonably should know
that the cross burning or swastika may create a reasonable
fear of harm in the mind of the person, the person’s family
and household members, or the group.
The legislature also finds that a hate crime committed
against a victim because of the victim’s gender may be identified in the same manner that a hate crime committed against
a victim of another protected group is identified. Affirmative
indications of hatred towards gender as a class is the predominant factor to consider. Other factors to consider include the
perpetrator’s use of language, slurs, or symbols expressing
hatred towards the victim’s gender as a class; the severity of
the attack including mutilation of the victim’s sexual organs;
a history of similar attacks against victims of the same gender
by the perpetrator or a history of similar incidents in the same
area; a lack of provocation; an absence of any other apparent
motivation; and common sense. [1993 c 127 § 1.]
Additional notes found at www.leg.wa.gov
9A.36.080
9A.36.080 Malicious harassment—Definition and
criminal penalty. (1) A person is guilty of malicious harassment if he or she maliciously and intentionally commits one
of the following acts because of his or her perception of the
victim’s race, color, religion, ancestry, national origin, gen(2010 Ed.)
Assault—Physical Harm
der, sexual orientation, or mental, physical, or sensory handicap:
(a) Causes physical injury to the victim or another person;
(b) Causes physical damage to or destruction of the property of the victim or another person; or
(c) Threatens a specific person or group of persons and
places that person, or members of the specific group of persons, in reasonable fear of harm to person or property. The
fear must be a fear that a reasonable person would have under
all the circumstances. For purposes of this section, a "reasonable person" is a reasonable person who is a member of the
victim’s race, color, religion, ancestry, national origin, gender, or sexual orientation, or who has the same mental, physical, or sensory handicap as the victim. Words alone do not
constitute malicious harassment unless the context or circumstances surrounding the words indicate the words are a threat.
Threatening words do not constitute malicious harassment if
it is apparent to the victim that the person does not have the
ability to carry out the threat.
(2) In any prosecution for malicious harassment, unless
evidence exists which explains to the trier of fact’s satisfaction that the person did not intend to threaten the victim or
victims, the trier of fact may infer that the person intended to
threaten a specific victim or group of victims because of the
person’s perception of the victim’s or victims’ race, color,
religion, ancestry, national origin, gender, sexual orientation,
or mental, physical, or sensory handicap if the person commits one of the following acts:
(a) Burns a cross on property of a victim who is or whom
the actor perceives to be of African American heritage; or
(b) Defaces property of a victim who is or whom the
actor perceives to be of Jewish heritage by defacing the property with a swastika.
This subsection only applies to the creation of a reasonable inference for evidentiary purposes. This subsection does
not restrict the state’s ability to prosecute a person under subsection (1) of this section when the facts of a particular case
do not fall within (a) or (b) of this subsection.
(3) It is not a defense that the accused was mistaken that
the victim was a member of a certain race, color, religion,
ancestry, national origin, gender, or sexual orientation, or had
a mental, physical, or sensory handicap.
(4) Evidence of expressions or associations of the
accused may not be introduced as substantive evidence at
trial unless the evidence specifically relates to the crime
charged. Nothing in this chapter shall affect the rules of evidence governing impeachment of a witness.
(5) Every person who commits another crime during the
commission of a crime under this section may be punished
and prosecuted for the other crime separately.
(6) For the purposes of this section:
(a) "Sexual orientation" has the same meaning as in
RCW 49.60.040.
(b) "Threat" means to communicate, directly or indirectly, the intent to:
(i) Cause bodily injury immediately or in the future to
the person threatened or to any other person; or
(ii) Cause physical damage immediately or in the future
to the property of a person threatened or that of any other person.
(2010 Ed.)
9A.36.100
(7) Malicious harassment is a class C felony.
(8) The penalties provided in this section for malicious
harassment do not preclude the victims from seeking any
other remedies otherwise available under law.
(9) Nothing in this section confers or expands any civil
rights or protections to any group or class identified under
this section, beyond those rights or protections that exist
under the federal or state Constitution or the civil laws of the
state of Washington. [2010 c 119 § 1; 2009 c 180 § 1; 1993
c 127 § 2; 1989 c 95 § 1; 1984 c 268 § 1; 1981 c 267 § 1.]
Harassment: Chapters 9A.46 and 10.14 RCW.
Additional notes found at www.leg.wa.gov
9A.36.083 Malicious harassment—Civil action. In
addition to the criminal penalty provided in RCW 9A.36.080
for committing a crime of malicious harassment, the victim
may bring a civil cause of action for malicious harassment
against the harasser. A person may be liable to the victim of
malicious harassment for actual damages, punitive damages
of up to ten thousand dollars, and reasonable attorneys’ fees
and costs incurred in bringing the action. [1993 c 127 § 3.]
9A.36.083
Additional notes found at www.leg.wa.gov
9A.36.090 Threats against governor or family. (1)
Whoever knowingly and wilfully deposits for conveyance in
the mail or for a delivery from any post office or by any letter
carrier any letter, paper, writing, print, missive, or document
containing any threat to take the life of or to inflict bodily
harm upon the governor of the state or his immediate family,
the governor-elect, the lieutenant governor, other officer next
in the order of succession to the office of governor of the
state, or the lieutenant governor-elect, or knowingly and wilfully otherwise makes any such threat against the governor,
governor-elect, lieutenant governor, other officer next in the
order of succession to the office of governor, or lieutenant
governor-elect, shall be guilty of a class C felony.
(2) As used in this section, the term "governor-elect" and
"lieutenant governor-elect" means such persons as are the
successful candidates for the offices of governor and lieutenant governor, respectively, as ascertained from the results of
the general election. As used in this section, the phrase "other
officer next in the order of succession to the office of governor" means the person other than the lieutenant governor next
in order of succession to the office of governor under Article
3, section 10 of the state Constitution.
(3) The Washington state patrol may investigate for violations of this section. [1982 c 185 § 1.]
9A.36.090
Reviser’s note: 1982 c 185 § 2 directed that this section constitute a
new chapter in Title 9 RCW. Since this placement appears inappropriate, this
section has been codified as part of chapter 9A.36 RCW.
9A.36.100 Custodial assault. (1) A person is guilty of
custodial assault if that person is not guilty of an assault in the
first or second degree and where the person:
(a) Assaults a full or part-time staff member or volunteer,
any educational personnel, any personal service provider, or
any vendor or agent thereof at any juvenile corrections institution or local juvenile detention facilities who was performing official duties at the time of the assault;
9A.36.100
[Title 9A RCW—page 15]
9A.36.120
Title 9A RCW: Washington Criminal Code
(b) Assaults a full or part-time staff member or volunteer, any educational personnel, any personal service provider, or any vendor or agent thereof at any adult corrections
institution or local adult detention facilities who was performing official duties at the time of the assault;
(c)(i) Assaults a full or part-time community correction
officer while the officer is performing official duties; or
(ii) Assaults any other full or part-time employee who is
employed in a community corrections office while the
employee is performing official duties; or
(d) Assaults any volunteer who was assisting a person
described in (c) of this subsection at the time of the assault.
(2) Custodial assault is a class C felony. [1988 c 151 § 1;
1987 c 188 § 1.]
Additional notes found at www.leg.wa.gov
9A.36.120
9A.36.120 Assault of a child in the first degree. (1) A
person eighteen years of age or older is guilty of the crime of
assault of a child in the first degree if the child is under the
age of thirteen and the person:
(a) Commits the crime of assault in the first degree, as
defined in RCW 9A.36.011, against the child; or
(b) Intentionally assaults the child and either:
(i) Recklessly inflicts great bodily harm; or
(ii) Causes substantial bodily harm, and the person has
previously engaged in a pattern or practice either of (A)
assaulting the child which has resulted in bodily harm that is
greater than transient physical pain or minor temporary
marks, or (B) causing the child physical pain or agony that is
equivalent to that produced by torture.
(2) Assault of a child in the first degree is a class A felony. [1992 c 145 § 1.]
9A.36.130
9A.36.130 Assault of a child in the second degree. (1)
A person eighteen years of age or older is guilty of the crime
of assault of a child in the second degree if the child is under
the age of thirteen and the person:
(a) Commits the crime of assault in the second degree, as
defined in RCW 9A.36.021, against a child; or
(b) Intentionally assaults the child and causes bodily
harm that is greater than transient physical pain or minor temporary marks, and the person has previously engaged in a pattern or practice either of (i) assaulting the child which has
resulted in bodily harm that is greater than transient pain or
minor temporary marks, or (ii) causing the child physical
pain or agony that is equivalent to that produced by torture.
(2) Assault of a child in the second degree is a class B
felony. [1992 c 145 § 2.]
9A.36.140
9A.36.140 Assault of a child in the third degree. (1)
A person eighteen years of age or older is guilty of the crime
of assault of a child in the third degree if the child is under the
age of thirteen and the person commits the crime of assault in
the third degree as defined in RCW 9A.36.031(1) (d) or (f)
against the child.
(2) Assault of a child in the third degree is a class C felony. [1992 c 145 § 3.]
[Title 9A RCW—page 16]
9A.36.150 Interfering with the reporting of domestic
violence. (1) A person commits the crime of interfering with
the reporting of domestic violence if the person:
(a) Commits a crime of domestic violence, as defined in
RCW 10.99.020; and
(b) Prevents or attempts to prevent the victim of or a witness to that domestic violence crime from calling a 911 emergency communication system, obtaining medical assistance,
or making a report to any law enforcement official.
(2) Commission of a crime of domestic violence under
subsection (1) of this section is a necessary element of the
crime of interfering with the reporting of domestic violence.
(3) Interference with the reporting of domestic violence
is a gross misdemeanor. [1996 c 248 § 3.]
9A.36.150
9A.36.160 Failing to summon assistance. A person is
guilty of the crime of failing to summon assistance if:
(1) He or she was present when a crime was committed
against another person; and
(2) He or she knows that the other person has suffered
substantial bodily harm as a result of the crime committed
against the other person and that the other person is in need of
assistance; and
(3) He or she could reasonably summon assistance for
the person in need without danger to himself or herself and
without interference with an important duty owed to a third
party; and
(4) He or she fails to summon assistance for the person in
need; and
(5) Another person is not summoning or has not summoned assistance for the person in need of such assistance.
[2005 c 209 § 1.]
9A.36.160
9A.36.161 Failing to summon assistance—Penalty. A
violation of RCW 9A.36.160 is a misdemeanor. [2005 c 209
§ 2.]
9A.36.161
Chapter 9A.40 RCW
KIDNAPPING, UNLAWFUL IMPRISONMENT, AND
CUSTODIAL INTERFERENCE
Chapter 9A.40
Sections
9A.40.010
9A.40.020
9A.40.030
9A.40.040
9A.40.060
9A.40.070
9A.40.080
9A.40.090
9A.40.100
9A.40.900
Definitions.
Kidnapping in the first degree.
Kidnapping in the second degree.
Unlawful imprisonment.
Custodial interference in the first degree.
Custodial interference in the second degree.
Custodial interference—Assessment of costs—Defense—
Consent defense, restricted.
Luring.
Trafficking.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
9A.40.010 Definitions. The following definitions apply
in this chapter:
(1) "Restrain" means to restrict a person’s movements
without consent and without legal authority in a manner
which interferes substantially with his liberty. Restraint is
"without consent" if it is accomplished by (a) physical force,
intimidation, or deception, or (b) any means including acquiescence of the victim, if he is a child less than sixteen years
9A.40.010
(2010 Ed.)
Kidnapping, Unlawful Imprisonment, and Custodial Interference
old or an incompetent person and if the parent, guardian, or
other person or institution having lawful control or custody of
him has not acquiesced.
(2) "Abduct" means to restrain a person by either (a)
secreting or holding him in a place where he is not likely to
be found, or (b) using or threatening to use deadly force;
(3) "Relative" means an ancestor, descendant, or sibling,
including a relative of the same degree through marriage or
adoption, or a spouse. [1975 1st ex.s. c 260 § 9A.40.010.]
9A.40.020 Kidnapping in the first degree. (1) A person is guilty of kidnapping in the first degree if he intentionally abducts another person with intent:
(a) To hold him for ransom or reward, or as a shield or
hostage; or
(b) To facilitate commission of any felony or flight
thereafter; or
(c) To inflict bodily injury on him; or
(d) To inflict extreme mental distress on him or a third
person; or
(e) To interfere with the performance of any governmental function.
(2) Kidnapping in the first degree is a class A felony.
[1975 1st ex.s. c 260 § 9A.40.020.]
9A.40.020
9A.40.030 Kidnapping in the second degree. (1) A
person is guilty of kidnapping in the second degree if he or
she intentionally abducts another person under circumstances
not amounting to kidnapping in the first degree.
(2) In any prosecution for kidnapping in the second
degree, it is a defense if established by the defendant by a preponderance of the evidence that (a) the abduction does not
include the use of or intent to use or threat to use deadly force,
and (b) the actor is a relative of the person abducted, and (c)
the actor’s sole intent is to assume custody of that person.
Nothing contained in this paragraph shall constitute a defense
to a prosecution for, or preclude a conviction of, any other
crime.
(3)(a) Except as provided in (b) of this subsection, kidnapping in the second degree is a class B felony.
(b) Kidnapping in the second degree with a finding of
sexual motivation under RCW 9.94A.835 or 13.40.135 is a
class A felony. [2003 c 53 § 65; 2001 2nd sp.s. c 12 § 356;
1975 1st ex.s. c 260 § 9A.40.030.]
9A.40.030
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
9A.40.040 Unlawful imprisonment. (1) A person is
guilty of unlawful imprisonment if he knowingly restrains
another person.
(2) Unlawful imprisonment is a class C felony. [1975 1st
ex.s. c 260 § 9A.40.040.]
9A.40.040
9A.40.060 Custodial interference in the first degree.
(1) A relative of a child under the age of eighteen or of an
incompetent person is guilty of custodial interference in the
first degree if, with the intent to deny access to the child or
9A.40.060
(2010 Ed.)
9A.40.070
incompetent person by a parent, guardian, institution, agency,
or other person having a lawful right to physical custody of
such person, the relative takes, entices, retains, detains, or
conceals the child or incompetent person from a parent,
guardian, institution, agency, or other person having a lawful
right to physical custody of such person and:
(a) Intends to hold the child or incompetent person permanently or for a protracted period; or
(b) Exposes the child or incompetent person to a substantial risk of illness or physical injury; or
(c) Causes the child or incompetent person to be
removed from the state of usual residence; or
(d) Retains, detains, or conceals the child or incompetent
person in another state after expiration of any authorized visitation period with intent to intimidate or harass a parent,
guardian, institution, agency, or other person having lawful
right to physical custody or to prevent a parent, guardian,
institution, agency, or other person with lawful right to physical custody from regaining custody.
(2) A parent of a child is guilty of custodial interference
in the first degree if the parent takes, entices, retains, detains,
or conceals the child, with the intent to deny access, from the
other parent having the lawful right to time with the child
pursuant to a court-ordered parenting plan, and:
(a) Intends to hold the child permanently or for a protracted period; or
(b) Exposes the child to a substantial risk of illness or
physical injury; or
(c) Causes the child to be removed from the state of usual
residence.
(3) A parent or other person acting under the directions
of the parent is guilty of custodial interference in the first
degree if the parent or other person intentionally takes,
entices, retains, or conceals a child, under the age of eighteen
years and for whom no lawful custody order or parenting plan
has been entered by a court of competent jurisdiction, from
the other parent with intent to deprive the other parent from
access to the child permanently or for a protracted period.
(4) Custodial interference in the first degree is a class C
felony. [1998 c 55 § 1; 1994 c 162 § 1; 1984 c 95 § 1.]
Additional notes found at www.leg.wa.gov
9A.40.070 Custodial interference in the second
degree. (1) A relative of a person is guilty of custodial interference in the second degree if, with the intent to deny access
to such person by a parent, guardian, institution, agency, or
other person having a lawful right to physical custody of such
person, the relative takes, entices, retains, detains, or conceals
the person from a parent, guardian, institution, agency, or
other person having a lawful right to physical custody of such
person. This subsection shall not apply to a parent’s noncompliance with a court-ordered parenting plan.
(2) A parent of a child is guilty of custodial interference
in the second degree if: (a) The parent takes, entices, retains,
detains, or conceals the child, with the intent to deny access,
from the other parent having the lawful right to time with the
child pursuant to a court-ordered parenting plan; or (b) the
parent has not complied with the residential provisions of a
court-ordered parenting plan after a finding of contempt
under RCW 26.09.160(3); or (c) if the court finds that the
9A.40.070
[Title 9A RCW—page 17]
9A.40.080
Title 9A RCW: Washington Criminal Code
parent has engaged in a pattern of willful violations of the
court-ordered residential provisions.
(3) Nothing in subsection (2)(b) of this section prohibits
conviction of custodial interference in the second degree
under subsection (2)(a) or (c) of this section in absence of
findings of contempt.
(4)(a) The first conviction of custodial interference in the
second degree is a gross misdemeanor.
(b) The second or subsequent conviction of custodial
interference in the second degree is a class C felony. [2003 c
53 § 66; 1989 c 318 § 2; 1984 c 95 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
9A.40.080 Custodial interference—Assessment of
costs—Defense—Consent defense, restricted. (1) Any reasonable expenses incurred in locating or returning a child or
incompetent person shall be assessed against a defendant
convicted under RCW 9A.40.060 or 9A.40.070.
(2) In any prosecution of custodial interference in the
first or second degree, it is a complete defense, if established
by the defendant by a preponderance of the evidence, that:
(a) The defendant’s purpose was to protect the child,
incompetent person, or himself or herself from imminent
physical harm, that the belief in the existence of the imminent
physical harm was reasonable, and that the defendant sought
the assistance of the police, sheriff’s office, protective agencies, or the court of any state before committing the acts giving rise to the charges or within a reasonable time thereafter;
(b) The complainant had, prior to the defendant committing the acts giving rise to the crime, for a protracted period
of time, failed to exercise his or her rights to physical custody
or access to the child under a court-ordered parenting plan or
order granting visitation rights, provided that such failure was
not the direct result of the defendant’s denial of access to
such person;
(c) The acts giving rise to the charges were consented to
by the complainant; or
(d) The offender, after providing or making a good faith
effort to provide notice to the person entitled to access to the
child, failed to provide access to the child due to reasons that
a reasonable person would believe were directly related to the
welfare of the child, and allowed access to the child in accordance with the court order within a reasonable period of time.
The burden of proof that the denial of access was reasonable
is upon the person denying access to the child.
(3) Consent of a child less than sixteen years of age or of
an incompetent person does not constitute a defense to an
action under RCW 9A.40.060 or 9A.40.070. [1989 c 318 § 5;
1984 c 95 § 3.]
9A.40.080
Child custody, action by relative: RCW 26.09.255.
Additional notes found at www.leg.wa.gov
9A.40.090 Luring. A person commits the crime of luring if the person:
(1)(a) Orders, lures, or attempts to lure a minor or a person with a developmental disability into any area or structure
that is obscured from or inaccessible to the public or into a
motor vehicle;
9A.40.090
[Title 9A RCW—page 18]
(b) Does not have the consent of the minor’s parent or
guardian or of the guardian of the person with a developmental disability; and
(c) Is unknown to the child or developmentally disabled
person.
(2) It is a defense to luring, which the defendant must
prove by a preponderance of the evidence, that the defendant’s actions were reasonable under the circumstances and
the defendant did not have any intent to harm the health,
safety, or welfare of the minor or the person with the developmental disability.
(3) For purposes of this section:
(a) "Minor" means a person under the age of sixteen;
(b) "Person with a developmental disability" means a
person with a developmental disability as defined in RCW
71A.10.020.
(4) Luring is a class C felony. [1995 c 156 § 1; 1993 c
509 § 1.]
9A.40.100 Trafficking. (1)(a) A person is guilty of
trafficking in the first degree when:
(i) Such person:
(A) Recruits, harbors, transports, provides, or obtains by
any means another person knowing that force, fraud, or coercion as defined in RCW 9A.36.070 will be used to cause the
person to engage in forced labor or involuntary servitude; or
(B) Benefits financially or by receiving anything of
value from participation in a venture that has engaged in acts
set forth in (a)(i)(A) of this subsection; and
(ii) The acts or venture set forth in (a)(i) of this subsection:
(A) Involve committing or attempting to commit kidnapping;
(B) Involve a finding of sexual motivation under RCW
9.94A.835; or
(C) Result in a death.
(b) Trafficking in the first degree is a class A felony.
(2)(a) A person is guilty of trafficking in the second
degree when such person:
(i) Recruits, harbors, transports, provides, or obtains by
any means another person knowing that force, fraud, or coercion as defined in RCW 9A.36.070 will be used to cause the
person to engage in forced labor or involuntary servitude; or
(ii) Benefits financially or by receiving anything of value
from participation in a venture that has engaged in acts set
forth in (a)(i) of this subsection.
(b) Trafficking in the second degree is a class A felony.
[2003 c 267 § 1.]
9A.40.100
9A.40.900 Construction—Chapter applicable to
state registered domestic partnerships—2009 c 521. For
the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family
shall be interpreted as applying equally to state registered
domestic partnerships or individuals in state registered
domestic partnerships as well as to marital relationships and
married persons, and references to dissolution of marriage
shall apply equally to state registered domestic partnerships
that have been terminated, dissolved, or invalidated, to the
extent that such interpretation does not conflict with federal
9A.40.900
(2010 Ed.)
Criminal Mistreatment
law. Where necessary to implement chapter 521, Laws of
2009, gender-specific terms such as husband and wife used in
any statute, rule, or other law shall be construed to be gender
neutral, and applicable to individuals in state registered
domestic partnerships. [2009 c 521 § 23.]
Chapter 9A.42
Chapter 9A.42 RCW
CRIMINAL MISTREATMENT
Sections
9A.42.005
9A.42.010
9A.42.020
9A.42.030
9A.42.035
9A.42.037
9A.42.039
9A.42.040
9A.42.045
9A.42.050
9A.42.060
9A.42.070
9A.42.080
9A.42.090
9A.42.100
9A.42.110
Findings and intent—Christian Science treatment—Rules of
evidence.
Definitions.
Criminal mistreatment in the first degree.
Criminal mistreatment in the second degree.
Criminal mistreatment in the third degree.
Criminal mistreatment in the fourth degree.
Arresting officer, notification by.
Withdrawal of life support systems.
Palliative care.
Defense of financial inability.
Abandonment of a dependent person in the first degree—
Exception.
Abandonment of a dependent person in the second degree—
Exception.
Abandonment of a dependent person in the third degree—
Exception.
Abandonment of a dependent person—Defense.
Endangerment with a controlled substance.
Leaving a child in the care of a sex offender.
9A.42.005 Findings and intent—Christian Science
treatment—Rules of evidence. The legislature finds that
there is a significant need to protect children and dependent
persons, including frail elder and vulnerable adults, from
abuse and neglect by their parents, by persons entrusted with
their physical custody, or by persons employed to provide
them with the basic necessities of life. The legislature further
finds that such abuse and neglect often takes the forms of
either withholding from them the basic necessities of life,
including food, water, shelter, clothing, and health care, or
abandoning them, or both. Therefore, it is the intent of the
legislature that criminal penalties be imposed on those guilty
of such abuse or neglect. It is the intent of the legislature that
a person who, in good faith, is furnished Christian Science
treatment by a duly accredited Christian Science practitioner
in lieu of medical care is not considered deprived of medically necessary health care or abandoned. Prosecutions under
this chapter shall be consistent with the rules of evidence,
including hearsay, under law. [1997 c 392 § 507.]
9A.42.005
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
9A.42.010 Definitions. As used in this chapter:
(1) "Basic necessities of life" means food, water, shelter,
clothing, and medically necessary health care, including but
not limited to health-related treatment or activities, hygiene,
oxygen, and medication.
(2)(a) "Bodily injury" means physical pain or injury, illness, or an impairment of physical condition;
(b) "Substantial bodily harm" means bodily injury which
involves a temporary but substantial disfigurement, or which
causes a temporary but substantial loss or impairment of the
function of any bodily part or organ, or which causes a fracture of any bodily part;
9A.42.010
(2010 Ed.)
9A.42.020
(c) "Great bodily harm" means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily part
or organ.
(3) "Child" means a person under eighteen years of age.
(4) "Dependent person" means a person who, because of
physical or mental disability, or because of extreme advanced
age, is dependent upon another person to provide the basic
necessities of life. A resident of a nursing home, as defined
in RCW 18.51.010, a resident of an adult family home, as
defined in RCW 70.128.010, and a frail elder or vulnerable
adult, as defined in *RCW 74.34.020(13), is presumed to be
a dependent person for purposes of this chapter.
(5) "Employed" means hired by a dependent person,
another person acting on behalf of a dependent person, or by
an organization or governmental entity, to provide to a
dependent person any of the basic necessities of life. A person may be "employed" regardless of whether the person is
paid for the services or, if paid, regardless of who pays for the
person’s services.
(6) "Parent" has its ordinary meaning and also includes a
guardian and the authorized agent of a parent or guardian.
(7) "Abandons" means leaving a child or other dependent person without the means or ability to obtain one or
more of the basic necessities of life.
(8) "Good samaritan" means any individual or group of
individuals who: (a) Is not related to the dependent person;
(b) voluntarily provides assistance or services of any type to
the dependent person; (c) is not paid, given gifts, or made a
beneficiary of any assets valued at five hundred dollars or
more, for any reason, by the dependent person, the dependent
person’s family, or the dependent person’s estate; and (d)
does not commit or attempt to commit any other crime
against the dependent person or the dependent person’s
estate. [2006 c 228 § 1; 1997 c 392 § 508; 1996 c 302 § 1;
1986 c 250 § 1.]
*Reviser’s note: RCW 74.34.020 was amended by 2007 c 312 § 1,
changing subsection (13) to subsection (15). RCW 74.34.020 was subsequently amended by 2010 c 133 § 2, changing subsection (15) to subsection
(16).
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Additional notes found at www.leg.wa.gov
9A.42.020 Criminal mistreatment in the first degree.
(1) A parent of a child, the person entrusted with the physical
custody of a child or dependent person, a person who has
assumed the responsibility to provide to a dependent person
the basic necessities of life, or a person employed to provide
to the child or dependent person the basic necessities of life is
guilty of criminal mistreatment in the first degree if he or she
recklessly, as defined in RCW 9A.08.010, causes great
bodily harm to a child or dependent person by withholding
any of the basic necessities of life.
(2) Criminal mistreatment in the first degree is a class B
felony. [2006 c 228 § 2; 1997 c 392 § 510; 1986 c 250 § 2.]
9A.42.020
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
[Title 9A RCW—page 19]
9A.42.030
Title 9A RCW: Washington Criminal Code
9A.42.030 Criminal mistreatment in the second
degree. (1) A parent of a child, the person entrusted with the
physical custody of a child or dependent person, a person
who has assumed the responsibility to provide to a dependent
person the basic necessities of life, or a person employed to
provide to the child or dependent person the basic necessities
of life is guilty of criminal mistreatment in the second degree
if he or she recklessly, as defined in RCW 9A.08.010, either
(a) creates an imminent and substantial risk of death or great
bodily harm, or (b) causes substantial bodily harm by withholding any of the basic necessities of life.
(2) Criminal mistreatment in the second degree is a class
C felony. [2006 c 228 § 3; 1997 c 392 § 511; 1986 c 250 § 3.]
9A.42.030
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
9A.42.035 Criminal mistreatment in the third
degree. (1) A person is guilty of the crime of criminal mistreatment in the third degree if the person is the parent of a
child, is a person entrusted with the physical custody of a
child or other dependent person, is a person who has assumed
the responsibility to provide to a dependent person the basic
necessities of life, or is a person employed to provide to the
child or dependent person the basic necessities of life, and
either:
(a) With criminal negligence, creates an imminent and
substantial risk of substantial bodily harm to a child or dependent person by withholding any of the basic necessities of
life; or
(b) With criminal negligence, causes substantial bodily
harm to a child or dependent person by withholding any of
the basic necessities of life.
(2) For purposes of this section, "a person who has
assumed the responsibility to provide to a dependent person
the basic necessities of life" means a person other than: (a) A
government agency that regularly provides assistance or services to dependent persons, including but not limited to the
department of social and health services; or (b) a good samaritan as defined in RCW 9A.42.010.
(3) Criminal mistreatment in the third degree is a gross
misdemeanor. [2006 c 228 § 4; 2000 c 76 § 1.]
the basic necessities of life" means a person other than: (a) A
government agency that regularly provides assistance or services to dependent persons, including but not limited to the
department of social and health services; or (b) a good samaritan as defined in RCW 9A.42.010.
(3) Criminal mistreatment in the fourth degree is a misdemeanor. [2006 c 228 § 5; 2002 c 219 § 2.]
Intent—Finding—2002 c 219: "The legislature recognizes that
responses by the department of social and health services and public safety
agencies have varied between jurisdictions when allegations of withholding
of the basic necessities of life are made. The legislature intends to improve
the capacity of the department of social and health services and public safety
agencies to respond to situations where the basic necessities of life are withheld by allowing an earlier intervention in such cases. The legislature finds
that improved coordination between the department of social and health services and public safety agencies at an earlier point will lead to better treatment of children and families and will reduce the likelihood of serious
harm." [2002 c 219 § 1.]
9A.42.035
9A.42.037 Criminal mistreatment in the fourth
degree. (1) A person is guilty of the crime of criminal mistreatment in the fourth degree if the person is the parent of a
child, is a person entrusted with the physical custody of a
child or other dependent person, is a person who has assumed
the responsibility to provide to a dependent person the basic
necessities of life, or is a person employed to provide to the
child or dependent person the basic necessities of life, and
either:
(a) With criminal negligence, creates an imminent and
substantial risk of bodily injury to a child or dependent person by withholding any of the basic necessities of life; or
(b) With criminal negligence, causes bodily injury or
extreme emotional distress manifested by more than transient
physical symptoms to a child or dependent person by withholding the basic necessities of life.
(2) For purposes of this section, "a person who has
assumed the responsibility to provide to a dependent person
9A.42.037
[Title 9A RCW—page 20]
9A.42.039 Arresting officer, notification by. (1)
When a law enforcement officer arrests a person for criminal
mistreatment of a child, the officer must notify child protective services.
(2) When a law enforcement officer arrests a person for
criminal mistreatment of a dependent person other than a
child, the officer must notify adult protective services. [2002
c 219 § 5.]
9A.42.039
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
9A.42.040 Withdrawal of life support systems. RCW
9A.42.020, 9A.42.030, 9A.42.035, and 9A.42.037 do not
apply to decisions to withdraw life support systems made in
accordance with chapter 7.70 or 70.122 RCW by the dependent person, his or her legal surrogate, or others with a legal
duty to care for the dependent person. [2002 c 219 § 3; 2000
c 76 § 2; 1986 c 250 § 4.]
9A.42.040
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
9A.42.045 Palliative care. RCW 9A.42.020,
9A.42.030, 9A.42.035, and 9A.42.037 do not apply when a
terminally ill or permanently unconscious person or his or her
legal surrogate, as set forth in chapter 7.70 RCW, requests,
and the person receives, palliative care from a licensed home
health agency, hospice agency, nursing home, or hospital
providing care under the medical direction of a physician. As
used in this section, the terms "terminally ill" and "permanently unconscious" have the same meaning as "terminal
condition" and "permanent unconscious condition" in chapter
70.122 RCW. [2002 c 219 § 4; 2000 c 76 § 3; 1997 c 392 §
512.]
9A.42.045
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
9A.42.050 Defense of financial inability. In any prosecution for criminal mistreatment, it shall be a defense that
the withholding of the basic necessities of life is due to financial inability only if the person charged has made a reasonable effort to obtain adequate assistance. This defense is
available to a person employed to provide the basic necessi9A.42.050
(2010 Ed.)
Criminal Mistreatment
ties of life only when the agreed-upon payment has not been
made. [1997 c 392 § 509; 1986 c 250 § 5.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
9A.42.060 Abandonment of a dependent person in
the first degree—Exception. (1) Except as provided in subsection (2) of this section, a person is guilty of the crime of
abandonment of a dependent person in the first degree if:
(a) The person is the parent of a child, a person entrusted
with the physical custody of a child or other dependent person, a person who has assumed the responsibility to provide
to a dependent person the basic necessities of life, or a person
employed to provide to the child or other dependent person
any of the basic necessities of life;
(b) The person recklessly abandons the child or other
dependent person; and
(c) As a result of being abandoned, the child or other
dependent person suffers great bodily harm.
(2) A parent of a newborn who transfers the newborn to
a qualified person at an appropriate location pursuant to
RCW 13.34.360 is not subject to criminal liability under this
section.
(3) Abandonment of a dependent person in the first
degree is a class B felony. [2006 c 228 § 6; 2002 c 331 § 3;
1996 c 302 § 2.]
9A.42.060
Intent—Effective date—2002 c 331: See notes following RCW
13.34.360.
Additional notes found at www.leg.wa.gov
9A.42.070 Abandonment of a dependent person in
the second degree—Exception. (1) Except as provided in
subsection (2) of this section, a person is guilty of the crime
of abandonment of a dependent person in the second degree
if:
(a) The person is the parent of a child, a person entrusted
with the physical custody of a child or other dependent person, a person who has assumed the responsibility to provide
to a dependent person the basic necessities of life, or a person
employed to provide to the child or other dependent person
any of the basic necessities of life; and
(b) The person recklessly abandons the child or other
dependent person; and:
(i) As a result of being abandoned, the child or other
dependent person suffers substantial bodily harm; or
(ii) Abandoning the child or other dependent person creates an imminent and substantial risk that the child or other
dependent person will die or suffer great bodily harm.
(2) A parent of a newborn who transfers the newborn to
a qualified person at an appropriate location pursuant to
RCW 13.34.360 is not subject to criminal liability under this
section.
(3) Abandonment of a dependent person in the second
degree is a class C felony. [2006 c 228 § 7; 2002 c 331 § 4;
1996 c 302 § 3.]
9A.42.070
Intent—Effective date—2002 c 331: See notes following RCW
13.34.360.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
9A.42.100
9A.42.080 Abandonment of a dependent person in
the third degree—Exception. (1) Except as provided in
subsection (2) of this section, a person is guilty of the crime
of abandonment of a dependent person in the third degree if:
(a) The person is the parent of a child, a person entrusted
with the physical custody of a child or other dependent person, a person who has assumed the responsibility to provide
to a dependent person the basic necessities of life, or a person
employed to provide to the child or dependent person any of
the basic necessities of life; and
(b) The person recklessly abandons the child or other
dependent person; and:
(i) As a result of being abandoned, the child or other
dependent person suffers bodily harm; or
(ii) Abandoning the child or other dependent person creates an imminent and substantial risk that the child or other
person will suffer substantial bodily harm.
(2) A parent of a newborn who transfers the newborn to
a qualified person at an appropriate location pursuant to
RCW 13.34.360 is not subject to criminal liability under this
section.
(3) Abandonment of a dependent person in the third
degree is a gross misdemeanor. [2006 c 228 § 8; 2002 c 331
§ 5; 1996 c 302 § 4.]
9A.42.080
Intent—Effective date—2002 c 331: See notes following RCW
13.34.360.
Additional notes found at www.leg.wa.gov
9A.42.090 Abandonment of a dependent person—
Defense. It is an affirmative defense to the charge of abandonment of a dependent person, that the person employed to
provide any of the basic necessities of life to the child or other
dependent person, gave reasonable notice of termination of
services and the services were not terminated until after the
termination date specified in the notice. The notice must be
given to the child or dependent person, and to other persons
or organizations that have requested notice of termination of
services furnished to the child or other dependent person.
The department of social and health services and the
department of health shall adopt rules establishing procedures for termination of services to children and other dependent persons. [1996 c 302 § 5.]
9A.42.090
Additional notes found at www.leg.wa.gov
9A.42.100
9A.42.100 Endangerment with a controlled substance. A person is guilty of the crime of endangerment with
a controlled substance if the person knowingly or intentionally permits a dependent child or dependent adult to be
exposed to, ingest, inhale, or have contact with methamphetamine or ephedrine, pseudoephedrine, or anhydrous ammonia, including their salts, isomers, and salts of isomers, that
are being used in the manufacture of methamphetamine,
including its salts, isomers, and salts of isomers. Endangerment with a controlled substance is a class B felony. [2005 c
218 § 4; 2002 c 229 § 1.]
Effective date—2002 c 229: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 28, 2002]." [2002 c 229 § 4.]
[Title 9A RCW—page 21]
9A.42.110
Title 9A RCW: Washington Criminal Code
9A.42.110 Leaving a child in the care of a sex
offender. (1) A person is guilty of the crime of leaving a
child in the care of a sex offender if the person is (a) the parent of a child; (b) entrusted with the physical custody of a
child; or (c) employed to provide to the child the basic necessities of life, and leaves the child in the care or custody of
another person who is not a parent, guardian, or lawful custodian of the child, knowing that the person is registered or
required to register as a sex offender under the laws of this
state, or a law or ordinance in another jurisdiction with similar requirements, because of a sex offense against a child.
(2) It is an affirmative defense to the charge of leaving a
child in the care of a sex offender under this section, that the
defendant must prove by a preponderance of the evidence,
that a court has entered an order allowing the offender to have
unsupervised contact with children, or that the offender is
allowed to have unsupervised contact with the child in question under a family reunification plan, which has been
approved by a court, the department of corrections, or the
department of social and health services in accordance with
department policies.
(3) Leaving a child in the care of a sex offender is a misdemeanor. [2002 c 170 § 1.]
9A.42.110
Chapter 9A.44
Chapter 9A.44 RCW
SEX OFFENSES
Sections
9A.44.010
9A.44.020
9A.44.030
9A.44.040
9A.44.045
9A.44.050
9A.44.060
9A.44.073
9A.44.076
9A.44.079
9A.44.083
9A.44.086
9A.44.089
9A.44.093
9A.44.096
9A.44.100
9A.44.105
9A.44.115
9A.44.120
9A.44.128
9A.44.130
9A.44.132
9A.44.135
9A.44.140
9A.44.141
9A.44.142
9A.44.143
9A.44.145
9A.44.150
9A.44.160
9A.44.170
9A.44.180
9A.44.190
9A.44.193
9A.44.196
9A.44.900
9A.44.901
9A.44.902
9A.44.903
Definitions.
Testimony—Evidence—Written motion—Admissibility.
Defenses to prosecution under this chapter.
Rape in the first degree.
First degree rape—Penalties.
Rape in the second degree.
Rape in the third degree.
Rape of a child in the first degree.
Rape of a child in the second degree.
Rape of a child in the third degree.
Child molestation in the first degree.
Child molestation in the second degree.
Child molestation in the third degree.
Sexual misconduct with a minor in the first degree.
Sexual misconduct with a minor in the second degree.
Indecent liberties.
Sexually violating human remains.
Voyeurism.
Admissibility of child’s statement—Conditions.
Definitions applicable to RCW 9A.44.130 through 9A.44.145,
10.01.200, 43.43.540, 70.48.470, and 72.09.330.
Registration of sex offenders and kidnapping offenders—Procedures—Definition—Penalties.
Failure to register as sex offender or kidnapping offender.
Address verification.
Registration of sex offenders and kidnapping offenders—Duty
to register—Expiration of subsection.
Investigation—End of duty to register—Civil liability.
Relief from duty to register—Petition—Exceptions.
Relief from duty to register for sex offense or kidnapping
offense committed when offender was a juvenile—Petition—Exception.
Notification to offenders of changed requirements and ability
to petition for relief from registration.
Testimony of child by closed-circuit television.
Custodial sexual misconduct in the first degree.
Custodial sexual misconduct in the second degree.
Custodial sexual misconduct—Defense.
Criminal trespass against children—Definitions.
Criminal trespass against children—Covered entities.
Criminal trespass against children.
Decodifications and additions to this chapter.
Construction—Sections decodified and added to this chapter.
Effective date—1979 ex.s. c 244.
Section captions—1988 c 145.
[Title 9A RCW—page 22]
9A.44.904
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Council for children and families: Chapter 43.121 RCW.
Witnesses: Rules of court: ER 601 through 615.
9A.44.010 Definitions. As used in this chapter:
(1) "Sexual intercourse" (a) has its ordinary meaning and
occurs upon any penetration, however slight, and
(b) Also means any penetration of the vagina or anus
however slight, by an object, when committed on one person
by another, whether such persons are of the same or opposite
sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and
(c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or
anus of another whether such persons are of the same or
opposite sex.
(2) "Sexual contact" means any touching of the sexual or
other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.
(3) "Married" means one who is legally married to
another, but does not include a person who is living separate
and apart from his or her spouse and who has filed in an
appropriate court for legal separation or for dissolution of his
or her marriage.
(4) "Mental incapacity" is that condition existing at the
time of the offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse whether that condition is produced by illness, defect,
the influence of a substance or from some other cause.
(5) "Physically helpless" means a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
(6) "Forcible compulsion" means physical force which
overcomes resistance, or a threat, express or implied, that
places a person in fear of death or physical injury to herself or
himself or another person, or in fear that she or he or another
person will be kidnapped.
(7) "Consent" means that at the time of the act of sexual
intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.
(8) "Significant relationship" means a situation in which
the perpetrator is:
(a) A person who undertakes the responsibility, professionally or voluntarily, to provide education, health, welfare,
or organized recreational activities principally for minors;
(b) A person who in the course of his or her employment
supervises minors; or
(c) A person who provides welfare, health or residential
assistance, personal care, or organized recreational activities
to frail elders or vulnerable adults, including a provider,
employee, temporary employee, volunteer, or independent
contractor who supplies services to long-term care facilities
licensed or required to be licensed under chapter 18.20,
18.51, 72.36, or 70.128 RCW, and home health, hospice, or
home care agencies licensed or required to be licensed under
chapter 70.127 RCW, but not including a consensual sexual
partner.
(9) "Abuse of a supervisory position" means:
9A.44.010
(2010 Ed.)
Sex Offenses
(a) To use a direct or indirect threat or promise to exercise authority to the detriment or benefit of a minor; or
(b) To exploit a significant relationship in order to obtain
the consent of a minor.
(10) "Person with a developmental disability," for purposes of RCW 9A.44.050(1)(c) and 9A.44.100(1)(c), means
a person with a developmental disability as defined in RCW
71A.10.020.
(11) "Person with supervisory authority," for purposes of
RCW 9A.44.050(1) (c) or (e) and 9A.44.100(1) (c) or (e),
means any proprietor or employee of any public or private
care or treatment facility who directly supervises developmentally disabled, mentally disordered, or chemically dependent persons at the facility.
(12) "Person with a mental disorder" for the purposes of
RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person
with a "mental disorder" as defined in RCW 71.05.020.
(13) "Person with a chemical dependency" for purposes
of RCW 9A.44.050(1)(e) and 9A.44.100(1)(e) means a person who is "chemically dependent" as defined in RCW
70.96A.020(4).
(14) "Health care provider" for purposes of RCW
9A.44.050 and 9A.44.100 means a person who is, holds himself or herself out to be, or provides services as if he or she
were: (a) A member of a health care profession under chapter
18.130 RCW; or (b) registered under chapter 18.19 RCW or
licensed under chapter 18.225 RCW, regardless of whether
the health care provider is licensed, certified, or registered by
the state.
(15) "Treatment" for purposes of RCW 9A.44.050 and
9A.44.100 means the active delivery of professional services
by a health care provider which the health care provider holds
himself or herself out to be qualified to provide.
(16) "Frail elder or vulnerable adult" means a person
sixty years of age or older who has the functional, mental, or
physical inability to care for himself or herself. "Frail elder
or vulnerable adult" also includes a person found incapacitated under chapter 11.88 RCW, a person over eighteen years
of age who has a developmental disability under chapter
71A.10 RCW, a person admitted to a long-term care facility
that is licensed or required to be licensed under chapter 18.20,
18.51, 72.36, or 70.128 RCW, and a person receiving services from a home health, hospice, or home care agency
licensed or required to be licensed under chapter 70.127
RCW. [2007 c 20 § 3; 2005 c 262 § 1; 2001 c 251 § 28.
Prior: 1997 c 392 § 513; 1997 c 112 § 37; 1994 c 271 § 302;
1993 c 477 § 1; 1988 c 146 § 3; 1988 c 145 § 1; 1981 c 123 §
1; 1975 1st ex.s. c 14 § 1. Formerly RCW 9.79.140.]
Effective date—2007 c 20: See note following RCW 9A.44.050.
Severability—2001 c 251: See RCW 18.225.900.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Intent—1994 c 271: "The legislature hereby reaffirms its desire to protect the children of Washington from sexual abuse and further reaffirms its
condemnation of child sexual abuse that takes the form of causing one child
to engage in sexual contact with another child for the sexual gratification of
the one causing such activities to take place." [1994 c 271 § 301.]
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
9A.44.030
9A.44.020 Testimony—Evidence—Written
motion—Admissibility. (1) In order to convict a person of
any crime defined in this chapter it shall not be necessary that
the testimony of the alleged victim be corroborated.
(2) Evidence of the victim’s past sexual behavior including but not limited to the victim’s marital history, divorce history, or general reputation for promiscuity, nonchastity, or
sexual mores contrary to community standards is inadmissible on the issue of credibility and is inadmissible to prove the
victim’s consent except as provided in subsection (3) of this
section, but when the perpetrator and the victim have
engaged in sexual intercourse with each other in the past, and
when the past behavior is material to the issue of consent, evidence concerning the past behavior between the perpetrator
and the victim may be admissible on the issue of consent to
the offense.
(3) In any prosecution for the crime of rape or for an
attempt to commit, or an assault with an intent to commit any
such crime evidence of the victim’s past sexual behavior
including but not limited to the victim’s marital behavior,
divorce history, or general reputation for promiscuity, nonchastity, or sexual mores contrary to community standards is
not admissible if offered to attack the credibility of the victim
and is admissible on the issue of consent only pursuant to the
following procedure:
(a) A written pretrial motion shall be made by the defendant to the court and prosecutor stating that the defense has
an offer of proof of the relevancy of evidence of the past sexual behavior of the victim proposed to be presented and its
relevancy on the issue of the consent of the victim.
(b) The written motion shall be accompanied by an affidavit or affidavits in which the offer of proof shall be stated.
(c) If the court finds that the offer of proof is sufficient,
the court shall order a hearing out of the presence of the jury,
if any, and the hearing shall be closed except to the necessary
witnesses, the defendant, counsel, and those who have a
direct interest in the case or in the work of the court.
(d) At the conclusion of the hearing, if the court finds
that the evidence proposed to be offered by the defendant
regarding the past sexual behavior of the victim is relevant to
the issue of the victim’s consent; is not inadmissible because
its probative value is substantially outweighed by the probability that its admission will create a substantial danger of
undue prejudice; and that its exclusion would result in denial
of substantial justice to the defendant; the court shall make an
order stating what evidence may be introduced by the defendant, which order may include the nature of the questions to
be permitted. The defendant may then offer evidence pursuant to the order of the court.
(4) Nothing in this section shall be construed to prohibit
cross-examination of the victim on the issue of past sexual
behavior when the prosecution presents evidence in its case
in chief tending to prove the nature of the victim’s past sexual
behavior, but the court may require a hearing pursuant to subsection (3) of this section concerning such evidence. [1975
1st ex.s. c 14 § 2. Formerly RCW 9.79.150.]
9A.44.020
9A.44.030 Defenses to prosecution under this chapter. (1) In any prosecution under this chapter in which lack
of consent is based solely upon the victim’s mental incapacity or upon the victim’s being physically helpless, it is a
9A.44.030
[Title 9A RCW—page 23]
9A.44.040
Title 9A RCW: Washington Criminal Code
defense which the defendant must prove by a preponderance
of the evidence that at the time of the offense the defendant
reasonably believed that the victim was not mentally incapacitated and/or physically helpless.
(2) In any prosecution under this chapter in which the
offense or degree of the offense depends on the victim’s age,
it is no defense that the perpetrator did not know the victim’s
age, or that the perpetrator believed the victim to be older, as
the case may be: PROVIDED, That it is a defense which the
defendant must prove by a preponderance of the evidence
that at the time of the offense the defendant reasonably
believed the alleged victim to be the age identified in subsection (3) of this section based upon declarations as to age by
the alleged victim.
(3) The defense afforded by subsection (2) of this section
requires that for the following defendants, the reasonable
belief be as indicated:
(a) For a defendant charged with rape of a child in the
first degree, that the victim was at least twelve, or was less
than twenty-four months younger than the defendant;
(b) For a defendant charged with rape of a child in the
second degree, that the victim was at least fourteen, or was
less than thirty-six months younger than the defendant;
(c) For a defendant charged with rape of a child in the
third degree, that the victim was at least sixteen, or was less
than forty-eight months younger than the defendant;
(d) For a defendant charged with sexual misconduct with
a minor in the first degree, that the victim was at least eighteen, or was less than sixty months younger than the defendant;
(e) For a defendant charged with child molestation in the
first degree, that the victim was at least twelve, or was less
than thirty-six months younger than the defendant;
(f) For a defendant charged with child molestation in the
second degree, that the victim was at least fourteen, or was
less than thirty-six months younger than the defendant;
(g) For a defendant charged with child molestation in the
third degree, that the victim was at least sixteen, or was less
than thirty-six months younger than the defendant;
(h) For a defendant charged with sexual misconduct with
a minor in the second degree, that the victim was at least
eighteen, or was less than sixty months younger than the
defendant. [1988 c 145 § 20; 1975 1st ex.s. c 14 § 3. Formerly RCW 9.79.160.]
Additional notes found at www.leg.wa.gov
9A.44.040 Rape in the first degree. (1) A person is
guilty of rape in the first degree when such person engages in
sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory:
(a) Uses or threatens to use a deadly weapon or what
appears to be a deadly weapon; or
(b) Kidnaps the victim; or
(c) Inflicts serious physical injury, including but not limited to physical injury which renders the victim unconscious;
or
(d) Feloniously enters into the building or vehicle where
the victim is situated.
(2) Rape in the first degree is a class A felony. [1998 c
242 § 1. Prior: 1983 c 118 § 1; 1983 c 73 § 1; 1982 c 192 §
9A.44.040
[Title 9A RCW—page 24]
11; 1982 c 10 § 3; prior: (1) 1981 c 137 § 36; 1979 ex.s. c 244
§ 1; 1975 1st ex.s. c 247 § 1; 1975 1st ex.s. c 14 § 4. (2) 1981
c 136 § 57 repealed by 1982 c 10 § 18. Formerly RCW
9.79.170.]
Additional notes found at www.leg.wa.gov
9A.44.045 First degree rape—Penalties. No person
convicted of rape in the first degree shall be granted a
deferred or suspended sentence except for the purpose of
commitment to an inpatient treatment facility: PROVIDED,
That every person convicted of rape in the first degree shall
be confined for a minimum of three years: PROVIDED
FURTHER, That the *board of prison terms and paroles shall
have authority to set a period of confinement greater than
three years but shall never reduce the minimum three-year
period of confinement; nor shall the board release the convicted person during the first three years of confinement as a
result of any type of good time calculation; nor shall the
department of corrections permit the convicted person to participate in any work release program or furlough program
during the first three years of confinement. This section
applies only to offenses committed prior to July 1, 1984.
[1982 c 192 § 12.]
9A.44.045
*Reviser’s note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective
July 1, 1986.
9A.44.050 Rape in the second degree. (1) A person is
guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person
engages in sexual intercourse with another person:
(a) By forcible compulsion;
(b) When the victim is incapable of consent by reason of
being physically helpless or mentally incapacitated;
(c) When the victim is a person with a developmental
disability and the perpetrator is a person who is not married to
the victim and who:
(i) Has supervisory authority over the victim; or
(ii) Was providing transportation, within the course of
his or her employment, to the victim at the time of the
offense;
(d) When the perpetrator is a health care provider, the
victim is a client or patient, and the sexual intercourse occurs
during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must
prove by a preponderance of the evidence that the client or
patient consented to the sexual intercourse with the knowledge that the sexual intercourse was not for the purpose of
treatment;
(e) When the victim is a resident of a facility for persons
with a mental disorder or chemical dependency and the perpetrator is a person who is not married to the victim and has
supervisory authority over the victim; or
(f) When the victim is a frail elder or vulnerable adult
and the perpetrator is a person who is not married to the victim and who:
(i) Has a significant relationship with the victim; or
(ii) Was providing transportation, within the course of
his or her employment, to the victim at the time of the
offense.
9A.44.050
(2010 Ed.)
Sex Offenses
(2) Rape in the second degree is a class A felony. [2007
c 20 § 1; 1997 c 392 § 514; 1993 c 477 § 2; 1990 c 3 § 901;
1988 c 146 § 1; 1983 c 118 § 2; 1979 ex.s. c 244 § 2; 1975 1st
ex.s. c 14 § 5. Formerly RCW 9.79.180.]
Effective date—2007 c 20: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 10, 2007]." [2007 c 20 § 4.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
9A.44.093
age of eighteen to have, sexual contact with another who is
less than twelve years old and not married to the perpetrator
and the perpetrator is at least thirty-six months older than the
victim.
(2) Child molestation in the first degree is a class A felony. [1994 c 271 § 303; 1990 c 3 § 902; 1988 c 145 § 5.]
Intent—1994 c 271: See note following RCW 9A.44.010.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
9A.44.086 Child molestation in the second degree.
(1) A person is guilty of child molestation in the second
degree when the person has, or knowingly causes another
person under the age of eighteen to have, sexual contact with
another who is at least twelve years old but less than fourteen
years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.
(2) Child molestation in the second degree is a class B
felony. [1994 c 271 § 304; 1988 c 145 § 6.]
9A.44.086
9A.44.060 Rape in the third degree. (1) A person is
guilty of rape in the third degree when, under circumstances
not constituting rape in the first or second degrees, such person engages in sexual intercourse with another person, not
married to the perpetrator:
(a) Where the victim did not consent as defined in RCW
9A.44.010(7), to sexual intercourse with the perpetrator and
such lack of consent was clearly expressed by the victim’s
words or conduct, or
(b) Where there is threat of substantial unlawful harm to
property rights of the victim.
(2) Rape in the third degree is a class C felony. [1999 c
143 § 34; 1979 ex.s. c 244 § 3; 1975 1st ex.s. c 14 § 6. Formerly RCW 9.79.190.]
9A.44.060
Intent—1994 c 271: See note following RCW 9A.44.010.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Additional notes found at www.leg.wa.gov
9A.44.089 Child molestation in the third degree. (1)
A person is guilty of child molestation in the third degree
when the person has, or knowingly causes another person
under the age of eighteen to have, sexual contact with another
who is at least fourteen years old but less than sixteen years
old and not married to the perpetrator and the perpetrator is at
least forty-eight months older than the victim.
(2) Child molestation in the third degree is a class C felony. [1994 c 271 § 305; 1988 c 145 § 7.]
9A.44.089
9A.44.073 Rape of a child in the first degree. (1) A
person is guilty of rape of a child in the first degree when the
person has sexual intercourse with another who is less than
twelve years old and not married to the perpetrator and the
perpetrator is at least twenty-four months older than the victim.
(2) Rape of a child in the first degree is a class A felony.
[1988 c 145 § 2.]
9A.44.073
Additional notes found at www.leg.wa.gov
9A.44.076 Rape of a child in the second degree. (1) A
person is guilty of rape of a child in the second degree when
the person has sexual intercourse with another who is at least
twelve years old but less than fourteen years old and not married to the perpetrator and the perpetrator is at least thirty-six
months older than the victim.
(2) Rape of a child in the second degree is a class A felony. [1990 c 3 § 903; 1988 c 145 § 3.]
9A.44.076
Additional notes found at www.leg.wa.gov
9A.44.079 Rape of a child in the third degree. (1) A
person is guilty of rape of a child in the third degree when the
person has sexual intercourse with another who is at least
fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least fortyeight months older than the victim.
(2) Rape of a child in the third degree is a class C felony.
[1988 c 145 § 4.]
9A.44.079
Additional notes found at www.leg.wa.gov
9A.44.083 Child molestation in the first degree. (1) A
person is guilty of child molestation in the first degree when
the person has, or knowingly causes another person under the
9A.44.083
(2010 Ed.)
Intent—1994 c 271: See note following RCW 9A.44.010.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Additional notes found at www.leg.wa.gov
9A.44.093 Sexual misconduct with a minor in the
first degree. (1) A person is guilty of sexual misconduct
with a minor in the first degree when: (a) The person has, or
knowingly causes another person under the age of eighteen to
have, sexual intercourse with another person who is at least
sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty
months older than the victim, is in a significant relationship
to the victim, and abuses a supervisory position within that
relationship in order to engage in or cause another person
under the age of eighteen to engage in sexual intercourse with
the victim; (b) the person is a school employee who has, or
knowingly causes another person under the age of eighteen to
have, sexual intercourse with an enrolled student of the
school who is at least sixteen years old and not more than
twenty-one years old and not married to the employee, if the
employee is at least sixty months older than the student; or (c)
the person is a foster parent who has, or knowingly causes
another person under the age of eighteen to have, sexual
intercourse with his or her foster child who is at least sixteen.
9A.44.093
[Title 9A RCW—page 25]
9A.44.096
Title 9A RCW: Washington Criminal Code
(2) Sexual misconduct with a minor in the first degree is
a class C felony.
(3) For the purposes of this section:
(a) "Enrolled student" means any student enrolled at or
attending a program hosted or sponsored by a common
school as defined in RCW 28A.150.020, or a student enrolled
at or attending a program hosted or sponsored by a private
school under chapter 28A.195 RCW, or any person who
receives home-based instruction under chapter 28A.200
RCW.
(b) "School employee" means an employee of a common
school defined in RCW 28A.150.020, or a grade kindergarten
through twelve employee of a private school under chapter
28A.195 RCW, who is not enrolled as a student of the common school or private school. [2009 c 324 § 1; 2005 c 262 §
2; 2001 2nd sp.s. c 12 § 357; 1994 c 271 § 306; 1988 c 145 §
8.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Intent—1994 c 271: See note following RCW 9A.44.010.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Additional notes found at www.leg.wa.gov
9A.44.096 Sexual misconduct with a minor in the second degree. (1) A person is guilty of sexual misconduct with
a minor in the second degree when: (a) The person has, or
knowingly causes another person under the age of eighteen to
have, sexual contact with another person who is at least sixteen years old but less than eighteen years old and not married to the perpetrator, if the perpetrator is at least sixty
months older than the victim, is in a significant relationship
to the victim, and abuses a supervisory position within that
relationship in order to engage in or cause another person
under the age of eighteen to engage in sexual contact with the
victim; (b) the person is a school employee who has, or
knowingly causes another person under the age of eighteen to
have, sexual contact with an enrolled student of the school
who is at least sixteen years old and not more than twentyone years old and not married to the employee, if the
employee is at least sixty months older than the student; or (c)
the person is a foster parent who has, or knowingly causes
another person under the age of eighteen to have, sexual contact with his or her foster child who is at least sixteen.
(2) Sexual misconduct with a minor in the second degree
is a gross misdemeanor.
(3) For the purposes of this section:
(a) "Enrolled student" means any student enrolled at or
attending a program hosted or sponsored by a common
school as defined in RCW 28A.150.020, or a student enrolled
at or attending a program hosted or sponsored by a private
school under chapter 28A.195 RCW, or any person who
receives home-based instruction under chapter 28A.200
RCW.
(b) "School employee" means an employee of a common
school defined in RCW 28A.150.020, or a grade kindergarten
through twelve employee of a private school under chapter
28A.195 RCW, who is not enrolled as a student of the common school or private school. [2009 c 324 § 2; 2005 c 262 §
9A.44.096
[Title 9A RCW—page 26]
3; 2001 2nd sp.s. c 12 § 358; 1994 c 271 § 307; 1988 c 145 §
9.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Intent—1994 c 271: See note following RCW 9A.44.010.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Additional notes found at www.leg.wa.gov
9A.44.100 Indecent liberties. (1) A person is guilty of
indecent liberties when he or she knowingly causes another
person who is not his or her spouse to have sexual contact
with him or her or another:
(a) By forcible compulsion;
(b) When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or
physically helpless;
(c) When the victim is a person with a developmental
disability and the perpetrator is a person who is not married to
the victim and who:
(i) Has supervisory authority over the victim; or
(ii) Was providing transportation, within the course of
his or her employment, to the victim at the time of the
offense;
(d) When the perpetrator is a health care provider, the
victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must
prove by a preponderance of the evidence that the client or
patient consented to the sexual contact with the knowledge
that the sexual contact was not for the purpose of treatment;
(e) When the victim is a resident of a facility for persons
with a mental disorder or chemical dependency and the perpetrator is a person who is not married to the victim and has
supervisory authority over the victim; or
(f) When the victim is a frail elder or vulnerable adult
and the perpetrator is a person who is not married to the victim and who:
(i) Has a significant relationship with the victim; or
(ii) Was providing transportation, within the course of
his or her employment, to the victim at the time of the
offense.
(2)(a) Except as provided in (b) of this subsection, indecent liberties is a class B felony.
(b) Indecent liberties by forcible compulsion is a class A
felony. [2007 c 20 § 2; 2003 c 53 § 67; 2001 2nd sp.s. c 12 §
359; 1997 c 392 § 515; 1993 c 477 § 3; 1988 c 146 § 2; 1988
c 145 § 10; 1986 c 131 § 1; 1975 1st ex.s. c 260 § 9A.88.100.
Formerly RCW 9A.88.100.]
9A.44.100
Effective date—2007 c 20: See note following RCW 9A.44.050.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
(2010 Ed.)
Sex Offenses
Additional notes found at www.leg.wa.gov
9A.44.105 Sexually violating human remains. (1)
Any person who has sexual intercourse or sexual contact with
a dead human body is guilty of a class C felony.
(2) As used in this section:
(a) "Sexual intercourse" (i) has its ordinary meaning and
occurs upon any penetration, however slight; and (ii) also
means any penetration of the vagina or anus however slight,
by an object, when committed on a dead human body, except
when such penetration is accomplished as part of a procedure
authorized or required under chapter 68.50 RCW or other
law; and (iii) also means any act of sexual contact between
the sex organs of a person and the mouth or anus of a dead
human body.
(b) "Sexual contact" means any touching by a person of
the sexual or other intimate parts of a dead human body done
for the purpose of gratifying the sexual desire of the person.
[1994 c 53 § 1.]
9A.44.105
9A.44.115 Voyeurism. (1) As used in this section:
(a) "Intimate areas" means any portion of a person’s
body or undergarments that is covered by clothing and
intended to be protected from public view;
(b) "Photographs" or "films" means the making of a photograph, motion picture film, videotape, digital image, or any
other recording or transmission of the image of a person;
(c) "Place where he or she would have a reasonable
expectation of privacy" means:
(i) A place where a reasonable person would believe that
he or she could disrobe in privacy, without being concerned
that his or her undressing was being photographed or filmed
by another; or
(ii) A place where one may reasonably expect to be safe
from casual or hostile intrusion or surveillance;
(d) "Surveillance" means secret observation of the activities of another person for the purpose of spying upon and
invading the privacy of the person;
(e) "Views" means the intentional looking upon of
another person for more than a brief period of time, in other
than a casual or cursory manner, with the unaided eye or with
a device designed or intended to improve visual acuity.
(2) A person commits the crime of voyeurism if, for the
purpose of arousing or gratifying the sexual desire of any person, he or she knowingly views, photographs, or films:
(a) Another person without that person’s knowledge and
consent while the person being viewed, photographed, or
filmed is in a place where he or she would have a reasonable
expectation of privacy; or
(b) The intimate areas of another person without that person’s knowledge and consent and under circumstances where
the person has a reasonable expectation of privacy, whether
in a public or private place.
(3) Voyeurism is a class C felony.
(4) This section does not apply to viewing, photographing, or filming by personnel of the department of corrections
or of a local jail or correctional facility for security purposes
or during investigation of alleged misconduct by a person in
the custody of the department of corrections or the local jail
or correctional facility.
9A.44.115
(2010 Ed.)
9A.44.128
(5) If a person is convicted of a violation of this section,
the court may order the destruction of any photograph,
motion picture film, digital image, videotape, or any other
recording of an image that was made by the person in violation of this section. [2003 c 213 § 1; 1998 c 221 § 1.]
Effective date—2003 c 213: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 12, 2003]." [2003 c 213 § 2.]
9A.44.120 Admissibility of child’s statement—Conditions. A statement made by a child when under the age of
ten describing any act of sexual contact performed with or on
the child by another, describing any attempted act of sexual
contact with or on the child by another, or describing any act
of physical abuse of the child by another that results in substantial bodily harm as defined by RCW 9A.04.110, not otherwise admissible by statute or court rule, is admissible in
evidence in dependency proceedings under Title 13 RCW
and criminal proceedings, including juvenile offense adjudications, in the courts of the state of Washington if:
(1) The court finds, in a hearing conducted outside the
presence of the jury, that the time, content, and circumstances
of the statement provide sufficient indicia of reliability; and
(2) The child either:
(a) Testifies at the proceedings; or
(b) Is unavailable as a witness: PROVIDED, That when
the child is unavailable as a witness, such statement may be
admitted only if there is corroborative evidence of the act.
A statement may not be admitted under this section
unless the proponent of the statement makes known to the
adverse party his or her intention to offer the statement and
the particulars of the statement sufficiently in advance of the
proceedings to provide the adverse party with a fair opportunity to prepare to meet the statement. [1995 c 76 § 1; 1991 c
169 § 1; 1985 c 404 § 1; 1982 c 129 § 2.]
9A.44.120
Additional notes found at www.leg.wa.gov
9A.44.128 Definitions applicable to RCW 9A.44.130
through 9A.44.145, 10.01.200, 43.43.540, 70.48.470, and
72.09.330. For the purposes of RCW 9A.44.130 through
9A.44.145, 10.01.200, 43.43.540, 70.48.470, and 72.09.330,
the following definitions apply:
(1) "Business day" means any day other than Saturday,
Sunday, or a legal local, state, or federal holiday.
(2) "Conviction" means any adult conviction or juvenile
adjudication for a sex offense or kidnapping offense.
(3) "Disqualifying offense" means a conviction for: Any
offense that is a felony; a sex offense as defined in this section; a crime against children or persons as defined in RCW
43.43.830(5) and 9.94A.411(2)(a); an offense with a domestic violence designation as provided in RCW 10.99.020; permitting the commercial sexual abuse of a minor as defined in
RCW 9.68A.103; or any violation of chapter 9A.88 RCW.
(4) "Employed" or "carries on a vocation" means
employment that is full time or part time for a period of time
exceeding fourteen days, or for an aggregate period of time
exceeding thirty days during any calendar year. A person is
employed or carries on a vocation whether the person’s
employment is financially compensated, volunteered, or for
the purpose of government or educational benefit.
9A.44.128
[Title 9A RCW—page 27]
9A.44.130
Title 9A RCW: Washington Criminal Code
(5) "Kidnapping offense" means:
(a) The crimes of kidnapping in the first degree, kidnapping in the second degree, and unlawful imprisonment, as
defined in chapter 9A.40 RCW, where the victim is a minor
and the offender is not the minor’s parent;
(b) Any offense that is, under chapter 9A.28 RCW, a
criminal attempt, criminal solicitation, or criminal conspiracy
to commit an offense that is classified as a kidnapping
offense under this subsection; and
(c) Any federal or out-of-state conviction for: An
offense for which the person would be required to register as
a kidnapping offender while residing in the state of conviction; or, if not required to register in the state of conviction,
an offense that under the laws of this state would be classified
as a kidnapping offense under this subsection, unless a court
in the person’s state of conviction has made an individualized
determination that the person should not be required to register.
(6) "Sex offense" means:
(a) Any offense defined as a sex offense by RCW
9.94A.030;
(b) Any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree);
(c) Any violation under RCW 9.68A.090 (communication with a minor for immoral purposes);
(d) Any federal or out-of-state conviction for: An
offense for which the person would be required to register as
a sex offender while residing in the state of conviction; or, if
not required to register in the state of conviction, an offense
that under the laws of this state would be classified as a sex
offense under this subsection, unless a court in the person’s
state of conviction has made an individualized determination
that the person should not be required to register; and
(e) Any gross misdemeanor that is, under chapter 9A.28
RCW, a criminal attempt, criminal solicitation, or criminal
conspiracy to commit an offense that is classified as a sex
offense under RCW 9.94A.030 or this subsection.
(7) "Student" means a person who is enrolled, on a fulltime or part-time basis, in any public or private educational
institution. An educational institution includes any secondary school, trade or professional institution, or institution of
higher education. [2010 c 267 § 1.]
Application—2010 c 267: "The provisions of this act apply to persons
convicted before, on, or after June 10, 2010." [2010 c 267 § 15.]
9A.44.130 Registration of sex offenders and kidnapping offenders—Procedures—Definition—Penalties.
(1)(a) Any adult or juvenile residing whether or not the person has a fixed residence, or who is a student, is employed, or
carries on a vocation in this state who has been found to have
committed or has been convicted of any sex offense or kidnapping offense, or who has been found not guilty by reason
of insanity under chapter 10.77 RCW of committing any sex
offense or kidnapping offense, shall register with the county
sheriff for the county of the person’s residence, or if the person is not a resident of Washington, the county of the person’s school, or place of employment or vocation, or as otherwise specified in this section. When a person required to
register under this section is in custody of the state department of corrections, the state department of social and health
services, a local division of youth services, or a local jail or
9A.44.130
[Title 9A RCW—page 28]
juvenile detention facility as a result of a sex offense or kidnapping offense, the person shall also register at the time of
release from custody with an official designated by the
agency that has jurisdiction over the person.
(b) Any adult or juvenile who is required to register
under (a) of this subsection:
(i) Who is attending, or planning to attend, a public or
private school regulated under Title 28A RCW or chapter
72.40 RCW shall, within three business days prior to arriving
at the school to attend classes, notify the sheriff for the county
of the person’s residence of the person’s intent to attend the
school, and the sheriff shall promptly notify the principal of
the school;
(ii) Who is admitted to a public or private institution of
higher education shall, within three business days prior to
arriving at the institution, notify the sheriff for the county of
the person’s residence of the person’s intent to attend the
institution;
(iii) Who gains employment at a public or private institution of higher education shall, within three business days
prior to commencing work at the institution, notify the sheriff
for the county of the person’s residence of the person’s
employment by the institution; or
(iv) Whose enrollment or employment at a public or private institution of higher education is terminated shall, within
three business days of such termination, notify the sheriff for
the county of the person’s residence of the person’s termination of enrollment or employment at the institution.
(c) The sheriff shall notify the school’s principal or institution’s department of public safety and shall provide that
department with the same information provided to a county
sheriff under subsection (3) of this section.
(d)(i) A principal receiving notice under this subsection
must disclose the information received from the sheriff under
(b) of this subsection as follows:
(A) If the student who is required to register as a sex
offender is classified as a risk level II or III, the principal
shall provide the information received to every teacher of any
student required to register under (a) of this subsection and to
any other personnel who, in the judgment of the principal,
supervises the student or for security purposes should be
aware of the student’s record;
(B) If the student who is required to register as a sex
offender is classified as a risk level I, the principal shall provide the information received only to personnel who, in the
judgment of the principal, for security purposes should be
aware of the student’s record.
(ii) Any information received by a principal or school
personnel under this subsection is confidential and may not
be further disseminated except as provided in RCW
28A.225.330, other statutes or case law, and the family and
educational and privacy rights act of 1994, 20 U.S.C. Sec.
1232g et seq.
(2) This section may not be construed to confer any powers pursuant to RCW 4.24.550 upon the public safety department of any public or private school or institution of higher
education.
(3)(a) The person shall provide the following information when registering: (i) Name; (ii) complete residential
address; (iii) date and place of birth; (iv) place of employment; (v) crime for which convicted; (vi) date and place of
(2010 Ed.)
Sex Offenses
conviction; (vii) aliases used; (viii) social security number;
(ix) photograph; and (x) fingerprints.
(b) Any person who lacks a fixed residence shall provide
the following information when registering: (i) Name; (ii)
date and place of birth; (iii) place of employment; (iv) crime
for which convicted; (v) date and place of conviction; (vi)
aliases used; (vii) social security number; (viii) photograph;
(ix) fingerprints; and (x) where he or she plans to stay.
(4)(a) Offenders shall register with the county sheriff
within the following deadlines:
(i) OFFENDERS IN CUSTODY. (A) Sex offenders
who committed a sex offense on, before, or after February 28,
1990, and who, on or after July 28, 1991, are in custody, as a
result of that offense, of the state department of corrections,
the state department of social and health services, a local
division of youth services, or a local jail or juvenile detention
facility, and (B) kidnapping offenders who on or after July
27, 1997, are in custody of the state department of corrections, the state department of social and health services, a
local division of youth services, or a local jail or juvenile
detention facility, must register at the time of release from
custody with an official designated by the agency that has
jurisdiction over the offender. The agency shall within three
days forward the registration information to the county sheriff for the county of the offender’s anticipated residence. The
offender must also register within three business days from
the time of release with the county sheriff for the county of
the person’s residence, or if the person is not a resident of
Washington, the county of the person’s school, or place of
employment or vocation. The agency that has jurisdiction
over the offender shall provide notice to the offender of the
duty to register.
When the agency with jurisdiction intends to release an
offender with a duty to register under this section, and the
agency has knowledge that the offender is eligible for developmental disability services from the department of social
and health services, the agency shall notify the division of
developmental disabilities of the release. Notice shall occur
not more than thirty days before the offender is to be released.
The agency and the division shall assist the offender in meeting the initial registration requirement under this section.
Failure to provide such assistance shall not constitute a
defense for any violation of this section.
(ii) OFFENDERS NOT IN CUSTODY BUT UNDER
STATE OR LOCAL JURISDICTION. Sex offenders who,
on July 28, 1991, are not in custody but are under the jurisdiction of the indeterminate sentence review board or under the
department of corrections’ active supervision, as defined by
the department of corrections, the state department of social
and health services, or a local division of youth services, for
sex offenses committed before, on, or after February 28,
1990, must register within ten days of July 28, 1991. Kidnapping offenders who, on July 27, 1997, are not in custody but
are under the jurisdiction of the indeterminate sentence
review board or under the department of corrections’ active
supervision, as defined by the department of corrections, the
state department of social and health services, or a local division of youth services, for kidnapping offenses committed
before, on, or after July 27, 1997, must register within ten
days of July 27, 1997. A change in supervision status of a sex
offender who was required to register under this subsection
(2010 Ed.)
9A.44.130
(4)(a)(ii) as of July 28, 1991, or a kidnapping offender
required to register as of July 27, 1997, shall not relieve the
offender of the duty to register or to reregister following a
change in residence.
(iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on or after July 23, 1995, and kidnapping offenders who, on or after July 27, 1997, as a result
of that offense are in the custody of the United States bureau
of prisons or other federal or military correctional agency for
sex offenses committed before, on, or after February 28,
1990, or kidnapping offenses committed on, before, or after
July 27, 1997, must register within three business days from
the time of release with the county sheriff for the county of
the person’s residence, or if the person is not a resident of
Washington, the county of the person’s school, or place of
employment or vocation. Sex offenders who, on July 23,
1995, are not in custody but are under the jurisdiction of the
United States bureau of prisons, United States courts, United
States parole commission, or military parole board for sex
offenses committed before, on, or after February 28, 1990,
must register within ten days of July 23, 1995. Kidnapping
offenders who, on July 27, 1997, are not in custody but are
under the jurisdiction of the United States bureau of prisons,
United States courts, United States parole commission, or
military parole board for kidnapping offenses committed
before, on, or after July 27, 1997, must register within ten
days of July 27, 1997. A change in supervision status of a sex
offender who was required to register under this subsection
(4)(a)(iii) as of July 23, 1995, or a kidnapping offender
required to register as of July 27, 1997 shall not relieve the
offender of the duty to register or to reregister following a
change in residence, or if the person is not a resident of
Washington, the county of the person’s school, or place of
employment or vocation.
(iv) OFFENDERS WHO ARE CONVICTED BUT
NOT CONFINED. Sex offenders who are convicted of a sex
offense on or after July 28, 1991, for a sex offense that was
committed on or after February 28, 1990, and kidnapping
offenders who are convicted on or after July 27, 1997, for a
kidnapping offense that was committed on or after July 27,
1997, but who are not sentenced to serve a term of confinement immediately upon sentencing, shall report to the county
sheriff to register within three business days of being sentenced.
(v) OFFENDERS WHO ARE NEW RESIDENTS OR
RETURNING WASHINGTON RESIDENTS. Sex offenders and kidnapping offenders who move to Washington state
from another state or a foreign country that are not under the
jurisdiction of the state department of corrections, the indeterminate sentence review board, or the state department of
social and health services at the time of moving to Washington, must register within three business days of establishing
residence or reestablishing residence if the person is a former
Washington resident. The duty to register under this subsection applies to sex offenders convicted under the laws of
another state or a foreign country, federal or military statutes
for offenses committed before, on, or after February 28,
1990, or Washington state for offenses committed before, on,
or after February 28, 1990, and to kidnapping offenders convicted under the laws of another state or a foreign country,
federal or military statutes, or Washington state for offenses
[Title 9A RCW—page 29]
9A.44.130
Title 9A RCW: Washington Criminal Code
committed before, on, or after July 27, 1997. Sex offenders
and kidnapping offenders from other states or a foreign country who, when they move to Washington, are under the jurisdiction of the department of corrections, the indeterminate
sentence review board, or the department of social and health
services must register within three business days of moving
to Washington. The agency that has jurisdiction over the
offender shall notify the offender of the registration requirements before the offender moves to Washington.
(vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult or juvenile who has been
found not guilty by reason of insanity under chapter 10.77
RCW of (A) committing a sex offense on, before, or after
February 28, 1990, and who, on or after July 23, 1995, is in
custody, as a result of that finding, of the state department of
social and health services, or (B) committing a kidnapping
offense on, before, or after July 27, 1997, and who on or after
July 27, 1997, is in custody, as a result of that finding, of the
state department of social and health services, must register
within three business days from the time of release with the
county sheriff for the county of the person’s residence. The
state department of social and health services shall provide
notice to the adult or juvenile in its custody of the duty to register. Any adult or juvenile who has been found not guilty by
reason of insanity of committing a sex offense on, before, or
after February 28, 1990, but who was released before July 23,
1995, or any adult or juvenile who has been found not guilty
by reason of insanity of committing a kidnapping offense but
who was released before July 27, 1997, shall be required to
register within three business days of receiving notice of this
registration requirement.
(vii) OFFENDERS WHO LACK A FIXED RESIDENCE. Any person who lacks a fixed residence and leaves
the county in which he or she is registered and enters and
remains within a new county for twenty-four hours is
required to register with the county sheriff not more than
three business days after entering the county and provide the
information required in subsection (3)(b) of this section.
(viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER SUPERVISION.
Offenders who lack a fixed residence and who are under the
supervision of the department shall register in the county of
their supervision.
(ix) OFFENDERS WHO MOVE TO, WORK, CARRY
ON A VOCATION, OR ATTEND SCHOOL IN ANOTHER
STATE. Offenders required to register in Washington, who
move to another state, or who work, carry on a vocation, or
attend school in another state shall register a new address,
fingerprints, and photograph with the new state within three
business days after establishing residence, or after beginning
to work, carry on a vocation, or attend school in the new state.
The person must also send written notice within three business days of moving to the new state or to a foreign country
to the county sheriff with whom the person last registered in
Washington state. The county sheriff shall promptly forward
this information to the Washington state patrol.
(b) The county sheriff shall not be required to determine
whether the person is living within the county.
(c) An arrest on charges of failure to register, service of
an information, or a complaint for a violation of RCW
9A.44.132, or arraignment on charges for a violation of RCW
[Title 9A RCW—page 30]
9A.44.132, constitutes actual notice of the duty to register.
Any person charged with the crime of failure to register under
RCW 9A.44.132 who asserts as a defense the lack of notice
of the duty to register shall register within three business days
following actual notice of the duty through arrest, service, or
arraignment. Failure to register as required under this subsection (4)(c) constitutes grounds for filing another charge of
failing to register. Registering following arrest, service, or
arraignment on charges shall not relieve the offender from
criminal liability for failure to register prior to the filing of
the original charge.
(d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register
under this section as it existed prior to July 28, 1991.
(5)(a) If any person required to register pursuant to this
section changes his or her residence address within the same
county, the person must provide, by certified mail, with
return receipt requested or in person, signed written notice of
the change of address to the county sheriff within three business days of moving.
(b) If any person required to register pursuant to this section moves to a new county, the person must register with that
county sheriff within three business days of moving. Within
three business days, the person must also provide, by certified mail, with return receipt requested or in person, signed
written notice of the change of address in the new county to
the county sheriff with whom the person last registered. The
county sheriff with whom the person last registered shall
promptly forward the information concerning the change of
address to the county sheriff for the county of the person’s
new residence. Upon receipt of notice of change of address
to a new state, the county sheriff shall promptly forward the
information regarding the change of address to the agency
designated by the new state as the state’s offender registration agency.
(6)(a) Any person required to register under this section
who lacks a fixed residence shall provide signed written
notice to the sheriff of the county where he or she last registered within three business days after ceasing to have a fixed
residence. The notice shall include the information required
by subsection (3)(b) of this section, except the photograph
and fingerprints. The county sheriff may, for reasonable
cause, require the offender to provide a photograph and fingerprints. The sheriff shall forward this information to the
sheriff of the county in which the person intends to reside, if
the person intends to reside in another county.
(b) A person who lacks a fixed residence must report
weekly, in person, to the sheriff of the county where he or she
is registered. The weekly report shall be on a day specified
by the county sheriff’s office, and shall occur during normal
business hours. The person must keep an accurate accounting of where he or she stays during the week and provide it to
the county sheriff upon request. The lack of a fixed residence
is a factor that may be considered in determining an
offender’s risk level and shall make the offender subject to
disclosure of information to the public at large pursuant to
RCW 4.24.550.
(c) If any person required to register pursuant to this section does not have a fixed residence, it is an affirmative
defense to the charge of failure to register, that he or she provided written notice to the sheriff of the county where he or
(2010 Ed.)
Sex Offenses
she last registered within three business days of ceasing to
have a fixed residence and has subsequently complied with
the requirements of subsections (4)(a)(vii) or (viii) and (6) of
this section. To prevail, the person must prove the defense by
a preponderance of the evidence.
(7) A sex offender subject to registration requirements
under this section who applies to change his or her name
under RCW 4.24.130 or any other law shall submit a copy of
the application to the county sheriff of the county of the person’s residence and to the state patrol not fewer than five
days before the entry of an order granting the name change.
No sex offender under the requirement to register under this
section at the time of application shall be granted an order
changing his or her name if the court finds that doing so will
interfere with legitimate law enforcement interests, except
that no order shall be denied when the name change is
requested for religious or legitimate cultural reasons or in
recognition of marriage or dissolution of marriage. A sex
offender under the requirement to register under this section
who receives an order changing his or her name shall submit
a copy of the order to the county sheriff of the county of the
person’s residence and to the state patrol within three business days of the entry of the order.
(8) The county sheriff shall obtain a photograph of the
individual and shall obtain a copy of the individual’s fingerprints. A photograph may be taken at any time to update an
individual’s file.
(9) Except as may otherwise be provided by law, nothing
in this section shall impose any liability upon a peace officer,
including a county sheriff, or law enforcement agency, for
failing to release information authorized under this section.
[2010 c 267 § 2; 2010 c 265 § 1; 2008 c 230 § 1. Prior: 2006
c 129 § 2; (2006 c 129 § 1 expired September 1, 2006); 2006
c 128 § 2; (2006 c 128 § 1 expired September 1, 2006); 2006
c 127 § 2; 2006 c 126 § 2; (2006 c 126 § 1 expired September
1, 2006); 2005 c 380 § 1; prior: 2003 c 215 § 1; 2003 c 53 §
68; 2002 c 31 § 1; prior: 2001 c 169 § 1; 2001 c 95 § 2; 2000
c 91 § 2; prior: 1999 sp.s. c 6 § 2; 1999 c 352 § 9; prior: 1998
c 220 § 1; 1998 c 139 § 1; prior: 1997 c 340 § 3; 1997 c 113
§ 3; 1996 c 275 § 11; prior: 1995 c 268 § 3; 1995 c 248 § 1;
1995 c 195 § 1; 1994 c 84 § 2; 1991 c 274 § 2; 1990 c 3 §
402.]
Reviser’s note: This section was amended by 2010 c 265 § 1 and by
2010 c 267 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Application—2010 c 267: See note following RCW 9A.44.128.
Delayed effective date—2008 c 230 §§ 1-3: "Sections 1 through 3 of
this act take effect ninety days after adjournment sine die of the 2010 legislative session." [2008 c 230 § 5.]
Effective date—2006 c 129 § 2: "Section 2 of this act takes effect September 1, 2006." [2006 c 129 § 4.]
Expiration date—2006 c 129 § 1: "Section 1 of this act expires September 1, 2006." [2006 c 129 § 3.]
Effective date—2006 c 128 § 2: "Section 2 of this act takes effect September 1, 2006." [2006 c 128 § 8.]
Expiration date—2006 c 128 § 1: "Section 1 of this act expires September 1, 2006." [2006 c 128 § 7.]
Severability—2006 c 127: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2006 c 127 § 1.]
(2010 Ed.)
9A.44.132
Effective date—2006 c 127: "This act takes effect September 1, 2006."
[2006 c 127 § 3.]
Effective date—2006 c 126 § 2: "Section 2 of this act takes effect September 1, 2006." [2006 c 126 § 10.]
Expiration date—2006 c 126 § 1: "Section 1 of this act expires September 1, 2006." [2006 c 126 § 8.]
Effective date—2006 c 126 §§ 1 and 3-7: "Sections 1 and 3 through 7
of this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and take effect immediately [March 20, 2006]." [2006 c 126 §
9.]
Effective date—2005 c 380: "This act takes effect September 1, 2006."
[2005 c 380 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application—2002 c 31: "This act applies to all persons convicted of
communication with a minor either on, before, or after July 1, 2001, unless
otherwise relieved of the duty to register under RCW 9A.44.140." [2002 c
31 § 2.]
Severability—2002 c 31: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2002 c 31 § 3.]
Effective date—2002 c 31: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 12, 2002]." [2002 c 31 § 4.]
Effective date—2001 c 95: See note following RCW 9.94A.030.
Intent—1999 sp.s. c 6: "It is the intent of this act to revise the law on
registration of sex and kidnapping offenders in response to the case of State
v. Pickett, Docket number 41562-0-I. The legislature intends that all sex and
kidnapping offenders whose history requires them to register shall do so
regardless of whether the person has a fixed residence. The lack of a residential address is not to be construed to preclude registration as a sex or kidnapping offender. The legislature intends that persons who lack a residential
address shall have an affirmative duty to report to the appropriate county
sheriff, based on the level of risk of offending." [1999 sp.s. c 6 § 1.]
Findings—1997 c 113: See note following RCW 4.24.550.
Finding—1996 c 275: See note following RCW 9.94A.505.
Purpose—1995 c 268: See note following RCW 9.94A.030.
Intent—1994 c 84: "This act is intended to clarify existing law and is
not intended to reflect a substantive change in the law." [1994 c 84 § 1.]
Finding and intent—1991 c 274: "The legislature finds that sex
offender registration has assisted law enforcement agencies in protecting
their communities. This act is intended to clarify and amend the deadlines
for sex offenders to register. This act’s clarification or amendment of RCW
9A.44.130 does not relieve the obligation of sex offenders to comply with
the registration requirements of RCW 9A.44.130 as that statute exists before
July 28, 1991." [1991 c 274 § 1.]
Finding—Policy—1990 c 3 § 402: "The legislature finds that sex
offenders often pose a high risk of reoffense, and that law enforcement’s
efforts to protect their communities, conduct investigations, and quickly
apprehend offenders who commit sex offenses, are impaired by the lack of
information available to law enforcement agencies about convicted sex
offenders who live within the law enforcement agency’s jurisdiction. Therefore, this state’s policy is to assist local law enforcement agencies’ efforts to
protect their communities by regulating sex offenders by requiring sex
offenders to register with local law enforcement agencies as provided in
RCW 9A.44.130." [1990 c 3 § 401.]
Additional notes found at www.leg.wa.gov
9A.44.132 Failure to register as sex offender or kidnapping offender. (1) A person commits the crime of failure
to register as a sex offender if the person has a duty to register
under RCW 9A.44.130 for a felony sex offense as defined in
that section and knowingly fails to comply with any of the
requirements of RCW 9A.44.130.
9A.44.132
[Title 9A RCW—page 31]
9A.44.135
Title 9A RCW: Washington Criminal Code
(a) Except as provided in (b) of this subsection, the failure to register as a sex offender pursuant to this subsection is
a class C felony.
(b) If a person has been convicted in this state of a felony
failure to register as a sex offender on two or more prior occasions, the failure to register under this subsection is a class B
felony.
(2) A person is guilty of failure to register as a sex
offender if the person has a duty to register under RCW
9A.44.130 for a sex offense other than a felony and knowingly fails to comply with any of the requirements of RCW
9A.44.130. The failure to register as a sex offender under this
subsection is a gross misdemeanor.
(3) A person commits the crime of failure to register as a
kidnapping offender if the person has a duty to register under
RCW 9A.44.130 for a kidnapping offense and knowingly
fails to comply with any of the requirements of RCW
9A.44.130.
(a) If the person has a duty to register for a felony kidnapping offense, the failure to register as a kidnapping
offender is a class C felony.
(b) If the person has a duty to register for a kidnapping
offense other than a felony, the failure to register as a kidnapping offender is a gross misdemeanor.
(4) Unless relieved of the duty to register pursuant to
RCW 9A.44.141 and 9A.44.142, a violation of this section is
an ongoing offense for purposes of the statute of limitations
under RCW 9A.04.080. [2010 c 267 § 3.]
Application—2010 c 267: See note following RCW 9A.44.128.
9A.44.135
9A.44.135 Address verification. (1) When an offender
registers with the county sheriff pursuant to RCW 9A.44.130,
the county sheriff shall notify the police chief or town marshal of the jurisdiction in which the offender has registered to
live. If the offender registers to live in an unincorporated area
of the county, the sheriff shall make reasonable attempts to
verify that the offender is residing at the registered address.
If the offender registers to live in an incorporated city or
town, the police chief or town marshal shall make reasonable
attempts to verify that the offender is residing at the registered address. Reasonable attempts include verifying an
offender’s address pursuant to the grant program established
under RCW 36.28A.230. If the sheriff or police chief or town
marshal does not participate in the grant program established
under RCW 36.28A.230, reasonable attempts require a
yearly mailing by certified mail, with return receipt
requested, a nonforwardable verification form to the offender
at the offender’s last registered address sent by the chief law
enforcement officer of the jurisdiction where the offender is
registered to live. For offenders who have been previously
designated sexually violent predators under chapter 71.09
RCW or the equivalent procedure in another jurisdiction,
even if the designation has subsequently been removed, this
mailing must be sent every ninety days.
The offender must sign the verification form, state on the
form whether he or she still resides at the last registered
address, and return the form to the chief law enforcement
officer of the jurisdiction where the offender is registered to
live within ten days after receipt of the form.
[Title 9A RCW—page 32]
(2) The chief law enforcement officer of the jurisdiction
where the offender has registered to live shall make reasonable attempts to locate any sex offender who fails to return
the verification form or who cannot be located at the registered address.
If the offender fails to return the verification form or the
offender is not at the last registered address, the chief law
enforcement officer of the jurisdiction where the offender has
registered to live shall promptly forward this information to
the county sheriff and to the Washington state patrol for
inclusion in the central registry of sex offenders.
(3) When an offender notifies the county sheriff of a
change to his or her residence address pursuant to RCW
9A.44.130, and the new address is in a different law enforcement jurisdiction, the county sheriff shall notify the police
chief or town marshal of the jurisdiction from which the
offender has moved.
(4) County sheriffs and police chiefs or town marshals
may enter into agreements for the purposes of delegating the
authority and obligation to fulfill the requirements of this section. [2010 c 265 § 2; 2000 c 91 § 1; 1999 c 196 § 15; 1998
c 220 § 2; 1995 c 248 § 3.]
Additional notes found at www.leg.wa.gov
9A.44.140
9A.44.140 Registration of sex offenders and kidnapping offenders—Duty to register—Expiration of subsection. The duty to register under RCW 9A.44.130 shall continue for the duration provided in this section.
(1) For a person convicted in this state of a class A felony
or an offense listed in RCW 9A.44.142(5), or a person convicted in this state of any sex offense or kidnapping offense
who has one or more prior convictions for a sex offense or
kidnapping offense, the duty to register shall continue indefinitely.
(2) For a person convicted in this state of a class B felony
who does not have one or more prior convictions for a sex
offense or kidnapping offense and whose current offense is
not listed in RCW 9A.44.142(5), the duty to register shall end
fifteen years after the last date of release from confinement, if
any, (including full-time residential treatment) pursuant to
the conviction, or entry of the judgment and sentence, if the
person has spent fifteen consecutive years in the community
without being convicted of a disqualifying offense during
that time period.
(3) For a person convicted in this state of a class C felony, a violation of RCW 9.68A.090 or 9A.44.096, or an
attempt, solicitation, or conspiracy to commit a class C felony, and the person does not have one or more prior convictions for a sex offense or kidnapping offense and the person’s
current offense is not listed in RCW 9A.44.142(5), the duty
to register shall end ten years after the last date of release
from confinement, if any, (including full-time residential
treatment) pursuant to the conviction, or entry of the judgment and sentence, if the person has spent ten consecutive
years in the community without being convicted of a disqualifying offense during that time period.
(4) For a person required to register for a federal or outof-state conviction, the duty to register shall continue indefinitely.
(2010 Ed.)
Sex Offenses
(5) Nothing in this section prevents a person from being
relieved of the duty to register under RCW 9A.44.142 and
9A.44.143.
(6) Nothing in RCW 9.94A.637 relating to discharge of
an offender shall be construed as operating to relieve the
offender of his or her duty to register pursuant to RCW
9A.44.130.
(7) For purposes of determining whether a person has
been convicted of more than one sex offense, failure to register as a sex offender or kidnapping offender is not a sex or
kidnapping offense.
(8) The provisions of this section and RCW 9A.44.141
through 9A.44.143 apply equally to a person who has been
found not guilty by reason of insanity under chapter 10.77
RCW of a sex offense or kidnapping offense. [2010 c 267 §
4; 2002 c 25 § 1; 2001 c 170 § 2; 2000 c 91 § 3; 1998 c 220 §
3; 1997 c 113 § 4; 1996 c 275 § 12. Prior: 1995 c 268 § 4;
1995 c 248 § 2; 1995 c 195 § 2; 1991 c 274 § 3; 1990 c 3 §
408.]
Application—2010 c 267: See note following RCW 9A.44.128.
Expiration of subsection: "RCW 9A.44.140(3)(b)(ii) expires July 1,
2012." [2002 c 25 § 2.]
Effective date—2002 c 25: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 12, 2002]." [2002 c 25 § 3.]
Intent—2001 c 170: "The legislature intends to amend the lifetime sex
offender registration requirement so that it is narrowly tailored to meet the
requirements of the Jacob Wetterling act." [2001 c 170 § 1.]
Findings—1997 c 113: See note following RCW 4.24.550.
Finding—1996 c 275: See note following RCW 9.94A.505.
Purpose—1995 c 268: See note following RCW 9.94A.030.
Finding and intent—1991 c 274: See note following RCW 9A.44.130.
Additional notes found at www.leg.wa.gov
9A.44.141 Investigation—End of duty to register—
Civil liability. (1) Upon the request of a person who is listed
in the Washington state patrol central registry of sex offenders and kidnapping offenders, the county sheriff shall investigate whether a person’s duty to register has ended by operation of law pursuant to RCW 9A.44.140.
(a) Using available records, the county sheriff shall verify that the offender has spent the requisite time in the community and has not been convicted of a disqualifying offense.
(b) If the county sheriff determines the person’s duty to
register has ended by operation of law, the county sheriff
shall request the Washington state patrol remove the person’s
name from the central registry.
(2) Nothing in this subsection prevents a county sheriff
from investigating, upon his or her own initiative, whether a
person’s duty to register has ended by operation of law pursuant to RCW 9A.44.140.
(3) An appointed or elected public official, public
employee, or public agency as defined in RCW 4.24.470, or
units of local government and its employees, as provided in
RCW 36.28A.010, are immune from civil liability for damages for removing or requesting the removal of a person from
the central registry of sex offenders and kidnapping offenders
or the failure to remove or request removal of a person within
the time frames provided in RCW 9A.44.140. [2010 c 267 §
5.]
9A.44.141
(2010 Ed.)
9A.44.142
Application—2010 c 267: See note following RCW 9A.44.128.
9A.44.142 Relief from duty to register—Petition—
Exceptions. (1) A person who is required to register under
RCW 9A.44.130 may petition the superior court to be
relieved of the duty to register:
(a) If the person has a duty to register for a sex offense or
kidnapping offense committed when the offender was a juvenile, regardless of whether the conviction was in this state, as
provided in RCW 9A.44.143;
(b) If the person is required to register for a conviction in
this state and is not prohibited from petitioning for relief from
registration under subsection (2) of this section, when the
person has spent ten consecutive years in the community
without being convicted of a disqualifying offense during
that time period; and
(c) If the person is required to register for a federal or
out-of-state conviction, when the person has spent fifteen
consecutive years in the community without being convicted
of a disqualifying offense during that time period.
(2)(a) A person may not petition for relief from registration if the person has been:
(i) Determined to be a sexually violent predator as
defined in RCW 71.09.020;
(ii) Convicted as an adult of a sex offense or kidnapping
offense that is a class A felony and that was committed with
forcible compulsion on or after June 8, 2000; or
(iii) Until July 1, 2012, convicted of one aggravated
offense or more than one sexually violent offense, as defined
in subsection (5) of this section, and the offense or offenses
were committed on or after March 12, 2002. After July 1,
2012, this subsection (2)(a)(iii) shall have no further force
and effect.
(b) Any person who may not be relieved of the duty to
register may petition the court to be exempted from any community notification requirements that the person may be subject to fifteen years after the later of the entry of the judgment
and sentence or the last date of release from confinement,
including full-time residential treatment, pursuant to the conviction, if the person has spent the time in the community
without being convicted of a disqualifying offense.
(3) A petition for relief from registration or exemption
from notification under this section shall be made to the court
in which the petitioner was convicted of the offense that subjects him or her to the duty to register or, in the case of convictions in other states, a foreign country, or a federal or military court, to the court in Thurston county. The prosecuting
attorney of the county shall be named and served as the
respondent in any such petition.
(4)(a) The court may relieve a petitioner of the duty to
register only if the petitioner shows by clear and convincing
evidence that the petitioner is sufficiently rehabilitated to
warrant removal from the central registry of sex offenders
and kidnapping offenders.
(b) In determining whether the petitioner is sufficiently
rehabilitated to warrant removal from the registry, the following factors are provided as guidance to assist the court in
making its determination:
(i) The nature of the registrable offense committed
including the number of victims and the length of the offense
history;
9A.44.142
[Title 9A RCW—page 33]
9A.44.142
Title 9A RCW: Washington Criminal Code
(ii) Any subsequent criminal history;
(iii) The petitioner’s compliance with supervision
requirements;
(iv) The length of time since the charged incident(s)
occurred;
(v) Any input from community corrections officers, law
enforcement, or treatment providers;
(vi) Participation in sex offender treatment;
(vii) Participation in other treatment and rehabilitative
programs;
(viii) The offender’s stability in employment and housing;
(ix) The offender’s community and personal support system;
(x) Any risk assessments or evaluations prepared by a
qualified professional;
(xi) Any updated polygraph examination;
(xii) Any input of the victim;
(xiii) Any other factors the court may consider relevant.
(5)(a) A person who has been convicted of an aggravated
offense, or has been convicted of one or more prior sexually
violent offenses or criminal offenses against a victim who is
a minor, as defined in (b) of this subsection:
(i) Until July 1, 2012, may not be relieved of the duty to
register;
(ii) After July 1, 2012, may petition the court to be
relieved of the duty to register as provided in this section;
(iii) This provision shall apply to convictions for crimes
committed on or after July 22, 2001.
(b) Unless the context clearly requires otherwise, the following definitions apply only to the federal lifetime registration requirements under this subsection:
(i) "Aggravated offense" means an adult conviction that
meets the definition of 18 U.S.C. Sec. 2241, which is limited
to the following:
(A) Any sex offense involving sexual intercourse or sexual contact where the victim is under twelve years of age;
(B) RCW 9A.44.040 (rape in the first degree), RCW
9A.44.073 (rape of a child in the first degree), or RCW
9A.44.083 (child molestation in the first degree);
(C) Any of the following offenses when committed by
forcible compulsion or by the offender administering, by
threat or force or without the knowledge or permission of that
person, a drug, intoxicant, or other similar substance that substantially impairs the ability of that person to appraise or control conduct: RCW 9A.44.050 (rape in the second degree),
RCW 9A.44.100 (indecent liberties), RCW 9A.44.160 (custodial sexual misconduct in the first degree), RCW
9A.64.020 (incest), or RCW 9.68A.040 (sexual exploitation
of a minor);
(D) Any of the following offenses when committed by
forcible compulsion or by the offender administering, by
threat or force or without the knowledge or permission of that
person, a drug, intoxicant, or other similar substance that substantially impairs the ability of that person to appraise or control conduct, if the victim is twelve years of age or over but
under sixteen years of age and the offender is eighteen years
of age or over and is more than forty-eight months older than
the victim: RCW 9A.44.076 (rape of a child in the second
degree), RCW 9A.44.079 (rape of a child in the third degree),
[Title 9A RCW—page 34]
RCW 9A.44.086 (child molestation in the second degree), or
RCW 9A.44.089 (child molestation in the third degree);
(E) A felony with a finding of sexual motivation under
RCW 9.94A.835 where the victim is under twelve years of
age or that is committed by forcible compulsion or by the
offender administering, by threat or force or without the
knowledge or permission of that person, a drug, intoxicant, or
other similar substance that substantially impairs the ability
of that person to appraise or control conduct;
(F) An offense that is, under chapter 9A.28 RCW, an
attempt or solicitation to commit such an offense; or
(G) An offense defined by federal law or the laws of
another state that is equivalent to the offenses listed in
(b)(i)(A) through (F) of this subsection.
(ii) "Sexually violent offense" means an adult conviction
that meets the definition of 42 U.S.C. Sec. 14071(a)(1)(A),
which is limited to the following:
(A) An aggravated offense;
(B) An offense that is not an aggravated offense but
meets the definition of 18 U.S.C. Sec. 2242, which is limited
to RCW 9A.44.050(1) (b) through (f) (rape in the second
degree) and RCW 9A.44.100(1) (b) through (f) (indecent liberties);
(C) A felony with a finding of sexual motivation under
RCW 9.94A.835 where the victim is incapable of appraising
the nature of the conduct or physically incapable of declining
participation in, or communicating unwillingness to engage
in, the conduct;
(D) An offense that is, under chapter 9A.28 RCW, an
attempt or solicitation to commit such an offense; or
(E) An offense defined by federal law or the laws of
another state that is equivalent to the offenses listed in
(b)(ii)(A) through (D) of this subsection.
(iii) "Criminal offense against a victim who is a minor"
means, in addition to any aggravated offense or sexually violent offense where the victim was under eighteen years of
age, an adult conviction for the following offenses where the
victim is under eighteen years of age:
(A) RCW 9A.44.060 (rape in the third degree), RCW
9A.44.076 (rape of a child in the second degree), RCW
9A.44.079 (rape of a child in the third degree), RCW
9A.44.086 (child molestation in the second degree), RCW
9A.44.089 (child molestation in the third degree), RCW
9A.44.093 (sexual misconduct with a minor in the first
degree), RCW 9A.44.096 (sexual misconduct with a minor in
the second degree), RCW 9A.44.160 (custodial sexual misconduct in the first degree), RCW 9A.64.020 (incest), RCW
9.68A.040 (sexual exploitation of a minor), RCW 9.68A.090
(communication with a minor for immoral purposes), or
RCW 9.68A.100 (commercial sexual abuse of a minor);
(B) RCW 9A.40.020 (kidnapping in the first degree),
RCW 9A.40.030 (kidnapping in the second degree), or RCW
9A.40.040 (unlawful imprisonment), where the victim is a
minor and the offender is not the minor’s parent;
(C) A felony with a finding of sexual motivation under
RCW 9.94A.835 where the victim is a minor;
(D) An offense that is, under chapter 9A.28 RCW, an
attempt or solicitation to commit such an offense; or
(E) An offense defined by federal law or the laws of
another state that is equivalent to the offenses listed in
(b)(iii)(A) through (D) of this subsection. [2010 c 267 § 6.]
(2010 Ed.)
Sex Offenses
Application—2010 c 267: See note following RCW 9A.44.128.
9A.44.143 Relief from duty to register for sex offense
or kidnapping offense committed when offender was a
juvenile—Petition—Exception. (1) An offender having a
duty to register under RCW 9A.44.130 for a sex offense or
kidnapping offense committed when the offender was a juvenile may petition the superior court to be relieved of that duty
as provided in this section.
(2) The court may relieve the petitioner of the duty to
register if:
(a) At least twenty-four months have passed since the
adjudication for the offense giving rise to the duty to register
and the petitioner has not been adjudicated of any additional
sex offenses or kidnapping offenses;
(b) The petitioner has not been adjudicated or convicted
of a violation of RCW 9A.44.132 (failure to register) during
the twenty-four months prior to filing the petition; and
(c)(i) The petitioner was fifteen years of age or older at
the time the sex offense or kidnapping offense was committed and the petitioner shows by clear and convincing evidence that the petitioner is sufficiently rehabilitated to warrant removal from the central registry of sex offenders and
kidnapping offenders; or
(ii) The petitioner was under the age of fifteen at the time
the sex offense or kidnapping offense was committed and the
petitioner shows by a preponderance of the evidence that the
petitioner is sufficiently rehabilitated to warrant removal
from the central registry of sex offenders and kidnapping
offenders.
(3) A petition for relief from registration under this section shall be made to the court in which the petitioner was
convicted of the offense that subjects him or her to the duty to
register or, in the case of convictions in other states, a foreign
country, or a federal or military court, to the court in Thurston
county. The prosecuting attorney of the county shall be
named and served as the respondent in any such petition.
(4) In determining whether the petitioner is sufficiently
rehabilitated to warrant removal from the central registry of
sex offenders and kidnapping offenders, the following factors
are provided as guidance to assist the court in making its
determination, to the extent the factors are applicable considering the age and circumstances of the petitioner:
(a) The nature of the registrable offense committed
including the number of victims and the length of the offense
history;
(b) Any subsequent criminal history;
(c) The petitioner’s compliance with supervision
requirements;
(d) The length of time since the charged incident(s)
occurred;
(e) Any input from community corrections officers,
juvenile parole or probation officers, law enforcement, or
treatment providers;
(f) Participation in sex offender treatment;
(g) Participation in other treatment and rehabilitative
programs;
(h) The offender’s stability in employment and housing;
(i) The offender’s community and personal support system;
9A.44.143
(2010 Ed.)
9A.44.150
(j) Any risk assessments or evaluations prepared by a
qualified professional;
(k) Any updated polygraph examination;
(l) Any input of the victim;
(m) Any other factors the court may consider relevant.
(5) A juvenile prosecuted and convicted of a sex offense
or kidnapping offense as an adult may not petition to the
superior court under this section. [2010 c 267 § 7.]
Application—2010 c 267: See note following RCW 9A.44.128.
9A.44.145 Notification to offenders of changed
requirements and ability to petition for relief from registration. (1) The state patrol shall notify:
(a) Registered sex and kidnapping offenders of any
change to the registration requirements; and
(b) No less than annually, an offender having a duty to
register under RCW 9A.44.143 for a sex offense or kidnapping offense committed when the offender was a juvenile of
their ability to petition for relief from registration as provided
in RCW 9A.44.140.
(2) For economic efficiency, the state patrol may combine the notices in this section into one notice. [2010 c 267 §
8; 2009 c 210 § 1; 1998 c 139 § 2.]
9A.44.145
Application—2010 c 267: See note following RCW 9A.44.128.
9A.44.150 Testimony of child by closed-circuit television. (1) On motion of the prosecuting attorney in a criminal
proceeding, the court may order that a child under the age of
ten may testify in a room outside the presence of the defendant and the jury while one-way closed-circuit television
equipment simultaneously projects the child’s testimony into
another room so the defendant and the jury can watch and
hear the child testify if:
(a) The testimony will:
(i) Describe an act or attempted act of sexual contact performed with or on the child witness by another person or with
or on a child other than the child witness by another person;
(ii) Describe an act or attempted act of physical abuse
against the child witness by another person or against a child
other than the child witness by another person; or
(iii) Describe a violent offense as defined by RCW
9.94A.030 committed against a person known by or familiar
to the child witness or by a person known by or familiar to the
child witness;
(b) The testimony is taken during the criminal proceeding;
(c) The court finds by substantial evidence, in a hearing
conducted outside the presence of the jury, that requiring the
child witness to testify in the presence of the defendant will
cause the child to suffer serious emotional or mental distress
that will prevent the child from reasonably communicating at
the trial. If the defendant is excluded from the presence of the
child, the jury must also be excluded;
(d) As provided in subsection (1)(a) and (b) of this section, the court may allow a child witness to testify in the presence of the defendant but outside the presence of the jury, via
closed-circuit television, if the court finds, upon motion and
hearing outside the presence of the jury, that the child will
suffer serious emotional distress that will prevent the child
from reasonably communicating at the trial in front of the
9A.44.150
[Title 9A RCW—page 35]
9A.44.160
Title 9A RCW: Washington Criminal Code
jury, or, that although the child may be able to reasonably
communicate at trial in front of the jury, the child will suffer
serious emotional or mental distress from testifying in front
of the jury. If the child is able to communicate in front of the
defendant but not the jury the defendant will remain in the
room with the child while the jury is excluded from the room;
(e) The court finds that the prosecutor has made all reasonable efforts to prepare the child witness for testifying,
including informing the child or the child’s parent or guardian about community counseling services, giving court tours,
and explaining the trial process. If the prosecutor fails to
demonstrate that preparations were implemented or the prosecutor in good faith attempted to implement them, the court
shall deny the motion;
(f) The court balances the strength of the state’s case
without the testimony of the child witness against the defendant’s constitutional rights and the degree of infringement of
the closed-circuit television procedure on those rights;
(g) The court finds that no less restrictive method of
obtaining the testimony exists that can adequately protect the
child witness from the serious emotional or mental distress;
(h) When the court allows the child witness to testify
outside the presence of the defendant, the defendant can communicate constantly with the defense attorney by electronic
transmission and be granted reasonable court recesses during
the child’s testimony for person-to-person consultation with
the defense attorney;
(i) The court can communicate with the attorneys by an
audio system so that the court can rule on objections and otherwise control the proceedings;
(j) All parties in the room with the child witness are on
camera and can be viewed by all other parties. If viewing all
participants is not possible, the court shall describe for the
viewers the location of the prosecutor, defense attorney, and
other participants in relation to the child;
(k) The court finds that the television equipment is capable of making an accurate reproduction and the operator of
the equipment is competent to operate the equipment; and
(l) The court imposes reasonable guidelines upon the
parties for conducting the filming to avoid trauma to the child
witness or abuse of the procedure for tactical advantage.
The prosecutor, defense attorney, and a neutral and
trained victim’s advocate, if any, shall always be in the room
where the child witness is testifying. The court in the court’s
discretion depending on the circumstances and whether the
jury or defendant or both are excluded from the room where
the child is testifying, may remain or may not remain in the
room with the child.
(2) During the hearing conducted under subsection (1) of
this section to determine whether the child witness may testify outside the presence of the defendant and/or the jury, the
court may conduct the observation and examination of the
child outside the presence of the defendant if:
(a) The prosecutor alleges and the court concurs that the
child witness will be unable to testify in front of the defendant or will suffer severe emotional or mental distress if
forced to testify in front of the defendant;
(b) The defendant can observe and hear the child witness
by closed-circuit television;
(c) The defendant can communicate constantly with the
defense attorney during the examination of the child witness
[Title 9A RCW—page 36]
by electronic transmission and be granted reasonable court
recesses during the child’s examination for person-to-person
consultation with the defense attorney; and
(d) The court finds the closed-circuit television is capable of making an accurate reproduction and the operator of
the equipment is competent to operate the equipment. Whenever possible, all the parties in the room with the child witness shall be on camera so that the viewers can see all the parties. If viewing all participants is not possible, then the court
shall describe for the viewers the location of the prosecutor,
defense attorney, and other participants in relation to the
child.
(3) The court shall make particularized findings on the
record articulating the factors upon which the court based its
decision to allow the child witness to testify via closed-circuit
television pursuant to this section. The factors the court may
consider include, but are not limited to, a consideration of the
child’s age, physical health, emotional stability, expressions
by the child of fear of testifying in open court or in front of
the defendant, the relationship of the defendant to the child,
and the court’s observations of the child’s inability to reasonably communicate in front of the defendant or in open court.
The court’s findings shall identify the impact the factors have
upon the child’s ability to testify in front of the jury or the
defendant or both and the specific nature of the emotional or
mental trauma the child would suffer. The court shall determine whether the source of the trauma is the presence of the
defendant, the jury, or both, and shall limit the use of the
closed-circuit television accordingly.
(4) This section does not apply if the defendant is an
attorney pro se unless the defendant has a court-appointed
attorney assisting the defendant in the defense.
(5) This section may not preclude the presence of both
the child witness and the defendant in the courtroom together
for purposes of establishing or challenging the identification
of the defendant when identification is a legitimate issue in
the proceeding.
(6) The Washington supreme court may adopt rules of
procedure regarding closed-circuit television procedures.
(7) All recorded tapes of testimony produced by closedcircuit television equipment shall be subject to any protective
order of the court for the purpose of protecting the privacy of
the child witness.
(8) Nothing in this section creates a right of the child witness to a closed-circuit television procedure in lieu of testifying in open court.
(9) The state shall bear the costs of the closed-circuit
television procedure.
(10) A child witness may or may not be a victim in the
proceeding.
(11) Nothing in this section precludes the court, under
other circumstances arising under subsection (1)(a) of this
section, from allowing a child to testify outside the presence
of the defendant and the jury so long as the testimony is presented in accordance with the standards and procedures
required in this section. [2005 c 455 § 1; 1990 c 150 § 2.]
Additional notes found at www.leg.wa.gov
9A.44.160 Custodial sexual misconduct in the first
degree. (1) A person is guilty of custodial sexual misconduct
9A.44.160
(2010 Ed.)
Sex Offenses
in the first degree when the person has sexual intercourse
with another person:
(a) When:
(i) The victim is a resident of a state, county, or city adult
or juvenile correctional facility, including but not limited to
jails, prisons, detention centers, or work release facilities, or
is under correctional supervision; and
(ii) The perpetrator is an employee or contract personnel
of a correctional agency and the perpetrator has, or the victim
reasonably believes the perpetrator has, the ability to influence the terms, conditions, length, or fact of incarceration or
correctional supervision; or
(b) When the victim is being detained, under arrest[,] or
in the custody of a law enforcement officer and the perpetrator is a law enforcement officer.
(2) Consent of the victim is not a defense to a prosecution under this section.
(3) Custodial sexual misconduct in the first degree is a
class C felony. [1999 c 45 § 1.]
9A.44.170 Custodial sexual misconduct in the second
degree. (1) A person is guilty of custodial sexual misconduct
in the second degree when the person has sexual contact with
another person:
(a) When:
(i) The victim is a resident of a state, county, or city adult
or juvenile correctional facility, including but not limited to
jails, prisons, detention centers, or work release facilities, or
is under correctional supervision; and
(ii) The perpetrator is an employee or contract personnel
of a correctional agency and the perpetrator has, or the victim
reasonably believes the perpetrator has, the ability to influence the terms, conditions, length, or fact of incarceration or
correctional supervision; or
(b) When the victim is being detained, under arrest, or in
the custody of a law enforcement officer and the perpetrator
is a law enforcement officer.
(2) Consent of the victim is not a defense to a prosecution under this section.
(3) Custodial sexual misconduct in the second degree is
a gross misdemeanor. [1999 c 45 § 2.]
9A.44.170
9A.44.180 Custodial sexual misconduct—Defense. It
is an affirmative defense to prosecution under RCW
9A.44.160 or 9A.44.170, to be proven by the defendant by a
preponderance of the evidence, that the act of sexual intercourse or sexual contact resulted from forcible compulsion
by the other person. [1999 c 45 § 3.]
9A.44.180
9A.44.190 Criminal trespass against children—Definitions. As used in this section and RCW 9A.44.193 and
9A.44.196:
(1) "Covered entity" means any public facility or private
facility whose primary purpose, at any time, is to provide for
the education, care, or recreation of a child or children,
including but not limited to community and recreational centers, playgrounds, schools, swimming pools, and state or
municipal parks.
9A.44.190
(2010 Ed.)
9A.44.193
(2) "Child" means a person under the age of eighteen,
unless the context clearly indicates that the term is otherwise
defined in statute.
(3) "Public facility" means a facility operated by a unit of
local or state government, or by a nonprofit organization.
(4) "Schools" means public and private schools, but does
not include home-based instruction as defined in RCW
28A.225.010.
(5) "Covered offender" means a person required to register under RCW 9A.44.130 who is eighteen years of age or
older, who is not under the jurisdiction of the juvenile rehabilitation authority or currently serving a special sex offender
disposition alternative, whose risk level classification has
been assessed at a risk level II or a risk level III pursuant to
RCW 72.09.345, and who, at any time, has been convicted of
one or more of the following offenses:
(a) Rape of a child in the first, second, and third degree;
child molestation in the first, second, and third degree; indecent liberties against a child under age fifteen; sexual misconduct with a minor in the first and second degree; incest in the
first and second degree; luring with sexual motivation; possession of depictions of minors engaged in sexually explicit
conduct; dealing in depictions of minors engaged in sexually
explicit conduct; bringing into the state depictions of minors
engaged in sexually explicit conduct; sexual exploitation of a
minor; communicating with a minor for immoral purposes;
*patronizing a juvenile prostitute;
(b) Any felony in effect at any time prior to March 20,
2006, that is comparable to an offense listed in (a) of this subsection, including, but not limited to, statutory rape in the
first and second degrees [degree] and carnal knowledge;
(c) Any felony offense for which:
(i) There was a finding that the offense was committed
with sexual motivation; and
(ii) The victim of the offense was less than sixteen years
of age at the time of the offense;
(d) An attempt, conspiracy, or solicitation to commit any
of the offenses listed in (a) through (c) of this subsection;
(e) Any conviction from any other jurisdiction which is
comparable to any of the offenses listed in (a) through (d) of
this subsection. [2006 c 126 § 4; 2006 c 125 § 2.]
*Reviser’s note: The term "patronizing a juvenile prostitute" was
changed to "commercial sexual abuse of a minor" by 2007 c 368 § 2.
Effective date—2006 c 126 §§ 1 and 3-7: See note following RCW
9A.44.130.
Intent—2006 c 125: "It is the intent of the legislature to give public and
private entities that provide services to children the tools necessary to prevent convicted child sex offenders from contacting children when those children are within the legal premises of the covered public and private entities."
[2006 c 126 § 3; 2006 c 125 § 1.]
Severability—2006 c 125: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2006 c 125 § 6.]
Effective date—2006 c 125: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 20, 2006]." [2006 c 125 § 7.]
9A.44.193 Criminal trespass against children—Covered entities. (1) An owner, manager, or operator of a covered entity may order a covered offender from the legal premises of a covered entity as provided under this section. To
9A.44.193
[Title 9A RCW—page 37]
9A.44.196
Title 9A RCW: Washington Criminal Code
do this, the owner, manager, or operator of a covered entity
must first provide the covered offender, or cause the covered
offender to be provided, personal service of a written notice
that informs the covered offender that:
(a) The covered offender must leave the legal premises
of the covered entity and may not return without the written
permission of the covered entity; and
(b) If the covered offender refuses to leave the legal premises of the covered entity, or thereafter returns and enters
within the legal premises of the covered entity without written permission, the offender may be charged and prosecuted
for a felony offense as provided in RCW 9A.44.196.
(2) A covered entity may give written permission of
entry and use to a covered offender to enter and remain on the
legal premises of the covered entity at particular times and for
lawful purposes, including, but not limited to, conducting
business, voting, or participating in educational or recreational activities. Any written permission of entry and use of
the legal premises of a covered entity must be clearly stated
in a written document and must be personally served on the
covered offender. If the covered offender violates the conditions of entry and use contained in a written document personally served on the offender by the covered entity, the covered offender may be charged and prosecuted for a felony
offense as provided in RCW 9A.44.196.
(3) An owner, employee, or agent of a covered entity
shall be immune from civil liability for damages arising from
excluding or failing to exclude a covered offender from a
covered entity or from imposing or failing to impose conditions of entry and use on a covered offender.
(4) A person provided with written notice from a covered
entity under this section may file a petition with the district
court alleging that he or she does not meet the definition of
"covered offender" in RCW 9A.44.190. The district court
must conduct a hearing on the petition within thirty days of
the petition being filed. In the hearing on the petition, the
person has the burden of proving that he or she is not a covered offender. If the court finds, by a preponderance of the
evidence, that the person is not a covered offender, the court
shall order the covered entity to rescind the written notice and
shall order the covered entity to pay the person’s costs and
reasonable attorneys’ fees. [2006 c 126 § 5; 2006 c 125 § 3.]
Effective date—2006 c 126 §§ 1 and 3-7: See note following RCW
9A.44.130.
Intent—Severability—Effective date—2006 c 125: See notes following RCW 9A.44.190.
9A.44.196 Criminal trespass against children. (1) A
person is guilty of the crime of criminal trespass against children if he or she:
(a) Is a covered offender as defined in RCW 9A.44.190;
and
(b)(i) Is personally served with written notice complying
with the requirements of RCW 9A.44.193 that excludes the
covered offender from the legal premises of the covered
entity and remains upon or reenters the legal premises of the
covered entity; or
(ii) Is personally served with written notice complying
with the requirements of RCW 9A.44.193 that imposes conditions of entry and use on the covered offender and violates
the conditions of entry and use.
9A.44.196
[Title 9A RCW—page 38]
(2) Criminal trespass against children is a class C felony.
[2006 c 126 § 6; 2006 c 125 § 4.]
Effective date—2006 c 126 §§ 1 and 3-7: See note following RCW
9A.44.130.
Intent—Severability—Effective date—2006 c 125: See notes following RCW 9A.44.190.
9A.44.900 Decodifications and additions to this chapter. RCW 9.79.140, 9.79.150, 9.79.160, 9.79.170 as now or
hereafter amended, 9.79.180 as now or hereafter amended,
9.79.190 as now or hereafter amended, 9.79.200 as now or
hereafter amended, 9.79.210 as now or hereafter amended,
9.79.220 as now or hereafter amended, 9A.88.020, and
9A.88.100 are each decodified and are each added to Title 9A
RCW as a new chapter with the designation chapter 9A.44
RCW. [1979 ex.s. c 244 § 17.]
9A.44.900
9A.44.901 Construction—Sections decodified and
added to this chapter. The sections decodified by RCW
9A.44.900 and added to Title 9A RCW as a new chapter with
the designation chapter 9A.44 RCW shall be construed as
part of Title 9A RCW. [1979 ex.s. c 244 § 18.]
9A.44.901
9A.44.902 Effective date—1979 ex.s. c 244. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect on July 1,
1979. [1979 ex.s. c 244 § 19.]
9A.44.902
9A.44.903 Section captions—1988 c 145. Section captions as used in this chapter do not constitute any part of the
law. [1988 c 145 § 22.]
9A.44.903
Additional notes found at www.leg.wa.gov
9A.44.904 Construction—Chapter applicable to
state registered domestic partnerships—2009 c 521. For
the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family
shall be interpreted as applying equally to state registered
domestic partnerships or individuals in state registered
domestic partnerships as well as to marital relationships and
married persons, and references to dissolution of marriage
shall apply equally to state registered domestic partnerships
that have been terminated, dissolved, or invalidated, to the
extent that such interpretation does not conflict with federal
law. Where necessary to implement chapter 521, Laws of
2009, gender-specific terms such as husband and wife used in
any statute, rule, or other law shall be construed to be gender
neutral, and applicable to individuals in state registered
domestic partnerships. [2009 c 521 § 24.]
9A.44.904
Chapter 9A.46
Chapter 9A.46 RCW
HARASSMENT
Sections
9A.46.010
9A.46.020
9A.46.030
9A.46.040
9A.46.050
9A.46.060
Legislative finding.
Definition—Penalties.
Place where committed.
Court-ordered requirements upon person charged with
crime—Violation.
Arraignment—No-contact order.
Crimes included in harassment.
(2010 Ed.)
Harassment
9A.46.070
9A.46.080
9A.46.090
9A.46.100
9A.46.110
9A.46.120
9A.46.900
9A.46.905
9A.46.910
Enforcement of orders restricting contact.
Order restricting contact—Violation.
Nonliability of peace officer.
"Convicted," time when.
Stalking.
Criminal gang intimidation.
Short title.
Effective date—1985 c 288.
Severability—1985 c 288.
Disclosure of information to person threatened or harassed by individual
with mental illness: RCW 71.05.390.
Harassment: RCW 9A.36.080, chapter 10.14 RCW.
9A.46.010 Legislative finding. The legislature finds
that the prevention of serious, personal harassment is an
important government objective. Toward that end, this chapter is aimed at making unlawful the repeated invasions of a
person’s privacy by acts and threats which show a pattern of
harassment designed to coerce, intimidate, or humiliate the
victim.
The legislature further finds that the protection of such
persons from harassment can be accomplished without
infringing on constitutionally protected speech or activity.
[1985 c 288 § 1.]
9A.46.010
9A.46.020 Definition—Penalties. (1) A person is
guilty of harassment if:
(a) Without lawful authority, the person knowingly
threatens:
(i) To cause bodily injury immediately or in the future to
the person threatened or to any other person; or
(ii) To cause physical damage to the property of a person
other than the actor; or
(iii) To subject the person threatened or any other person
to physical confinement or restraint; or
(iv) Maliciously to do any other act which is intended to
substantially harm the person threatened or another with
respect to his or her physical or mental health or safety; and
(b) The person by words or conduct places the person
threatened in reasonable fear that the threat will be carried
out. "Words or conduct" includes, in addition to any other
form of communication or conduct, the sending of an electronic communication.
(2)(a) Except as provided in (b) of this subsection, a person who harasses another is guilty of a gross misdemeanor.
(b) A person who harasses another is guilty of a class C
felony if either of the following applies: (i) The person has
previously been convicted in this or any other state of any
crime of harassment, as defined in RCW 9A.46.060, of the
same victim or members of the victim’s family or household
or any person specifically named in a no-contact or noharassment order; or (ii) the person harasses another person
under subsection (1)(a)(i) of this section by threatening to kill
the person threatened or any other person.
(3) The penalties provided in this section for harassment
do not preclude the victim from seeking any other remedy
otherwise available under law. [2003 c 53 § 69; 1999 c 27 §
2; 1997 c 105 § 1; 1992 c 186 § 2; 1985 c 288 § 2.]
9A.46.020
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—1999 c 27: "It is the intent of chapter 27, Laws of 1999 to clarify that electronic communications are included in the types of conduct and
actions that can constitute the crimes of harassment and stalking. It is not the
intent of the legislature, by adoption of chapter 27, Laws of 1999, to restrict
(2010 Ed.)
9A.46.060
in any way the types of conduct or actions that can constitute harassment or
stalking." [1999 c 27 § 1.]
Additional notes found at www.leg.wa.gov
9A.46.030 Place where committed. Any harassment
offense committed as set forth in RCW 9A.46.020 or
9A.46.110 may be deemed to have been committed where the
conduct occurred or at the place from which the threat or
threats were made or at the place where the threats were
received. [1992 c 186 § 3; 1985 c 288 § 3.]
9A.46.030
Additional notes found at www.leg.wa.gov
9A.46.040 Court-ordered requirements upon person
charged with crime—Violation. (1) Because of the likelihood of repeated harassment directed at those who have been
victims of harassment in the past, when any defendant
charged with a crime involving harassment is released from
custody before trial on bail or personal recognizance, the
court authorizing the release may require that the defendant:
(a) Stay away from the home, school, business, or place
of employment of the victim or victims of the alleged offense
or other location, as shall be specifically named by the court
in the order;
(b) Refrain from contacting, intimidating, threatening, or
otherwise interfering with the victim or victims of the alleged
offense and such other persons, including but not limited to
members of the family or household of the victim, as shall be
specifically named by the court in the order.
(2) An intentional violation of a court order issued under
this section is a misdemeanor. The written order releasing the
defendant shall contain the court’s directives and shall bear
the legend: Violation of this order is a criminal offense under
chapter 9A.46 RCW. A certified copy of the order shall be
provided to the victim by the clerk of the court. [1985 c 288
§ 4.]
9A.46.040
9A.46.050 Arraignment—No-contact order. A
defendant who is charged by citation, complaint, or information with an offense involving harassment and not arrested
shall appear in court for arraignment in person as soon as
practicable, but in no event later than fourteen days after the
next day on which court is in session following the issuance
of the citation or the filing of the complaint or information. At
that appearance, the court shall determine the necessity of
imposing a no-contact or no-harassment order, and consider
the provisions of RCW 9.41.800, or other conditions of pretrial release according to the procedures established by court
rule for preliminary appearance or an arraignment. [1994
sp.s. c 7 § 447; 1985 c 288 § 5.]
9A.46.050
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
9A.46.060 Crimes included in harassment. As used
in this chapter, "harassment" may include but is not limited to
any of the following crimes:
(1) Harassment (RCW 9A.46.020);
(2) Malicious harassment (RCW 9A.36.080);
(3) Telephone harassment (RCW 9.61.230);
(4) Assault in the first degree (RCW 9A.36.011);
9A.46.060
[Title 9A RCW—page 39]
9A.46.070
Title 9A RCW: Washington Criminal Code
(5) Assault of a child in the first degree (RCW
9A.36.120);
(6) Assault in the second degree (RCW 9A.36.021);
(7) Assault of a child in the second degree (RCW
9A.36.130);
(8) Assault in the fourth degree (RCW 9A.36.041);
(9) Reckless endangerment (RCW 9A.36.050);
(10) Extortion in the first degree (RCW 9A.56.120);
(11) Extortion in the second degree (RCW 9A.56.130);
(12) Coercion (RCW 9A.36.070);
(13) Burglary in the first degree (RCW 9A.52.020);
(14) Burglary in the second degree (RCW 9A.52.030);
(15) Criminal trespass in the first degree (RCW
9A.52.070);
(16) Criminal trespass in the second degree (RCW
9A.52.080);
(17) Malicious mischief in the first degree (RCW
9A.48.070);
(18) Malicious mischief in the second degree (RCW
9A.48.080);
(19) Malicious mischief in the third degree (RCW
9A.48.090);
(20) Kidnapping in the first degree (RCW 9A.40.020);
(21) Kidnapping in the second degree (RCW
9A.40.030);
(22) Unlawful imprisonment (RCW 9A.40.040);
(23) Rape in the first degree (RCW 9A.44.040);
(24) Rape in the second degree (RCW 9A.44.050);
(25) Rape in the third degree (RCW 9A.44.060);
(26) Indecent liberties (RCW 9A.44.100);
(27) Rape of a child in the first degree (RCW
9A.44.073);
(28) Rape of a child in the second degree (RCW
9A.44.076);
(29) Rape of a child in the third degree (RCW
9A.44.079);
(30) Child molestation in the first degree (RCW
9A.44.083);
(31) Child molestation in the second degree (RCW
9A.44.086);
(32) Child molestation in the third degree (RCW
9A.44.089);
(33) Stalking (RCW 9A.46.110);
(34) Cyberstalking (RCW 9.61.260);
(35) Residential burglary (RCW 9A.52.025);
(36) Violation of a temporary, permanent, or final protective order issued pursuant to chapter 7.90, 9A.46, 10.14,
10.99, 26.09, or 26.50 RCW;
(37) Unlawful discharge of a laser in the first degree
(RCW 9A.49.020); and
(38) Unlawful discharge of a laser in the second degree
(RCW 9A.49.030). [2006 c 138 § 21; 2004 c 94 § 4; 1999 c
180 § 7; 1997 c 338 § 52. Prior: 1994 c 271 § 802; 1994 c
121 § 2; prior: 1992 c 186 § 4; 1992 c 145 § 12; 1988 c 145
§ 15; 1985 c 288 § 6.]
Short title—2006 c 138: See RCW 7.90.900.
Severability—Effective dates—2004 c 94: See notes following RCW
9.61.260.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
[Title 9A RCW—page 40]
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Additional notes found at www.leg.wa.gov
9A.46.070 Enforcement of orders restricting contact.
Any law enforcement agency in this state may enforce this
chapter as it relates to orders restricting the defendants’ ability to have contact with the victim or others. [1985 c 288 §
7.]
9A.46.070
9A.46.080 Order restricting contact—Violation. The
victim shall be informed by local law enforcement agencies
or the prosecuting attorney of the final disposition of the case
in which the victim is involved. If a defendant is found guilty
of a crime of harassment and a condition of the sentence
restricts the defendant’s ability to have contact with the victim or witnesses, the condition shall be recorded and a written
certified copy of that order shall be provided to the victim or
witnesses by the clerk of the court. Willful violation of a
court order issued under this section is a misdemeanor. The
written order shall contain the court’s directives and shall
bear the legend: Violation of this order is a criminal offense
under chapter 9A.46 RCW and will subject a violator to
arrest. [1985 c 288 § 8.]
9A.46.080
9A.46.090 Nonliability of peace officer. A peace
officer shall not be held liable in any civil action for an arrest
based on probable cause, enforcement in good faith of a court
order, or any other action or omission in good faith under this
chapter arising from an alleged incident of harassment
brought by any party to the incident. [1985 c 288 § 9.]
9A.46.090
9A.46.100 "Convicted," time when. As used in RCW
9.61.230, 9.61.260, 9A.46.020, or 9A.46.110, a person has
been "convicted" at such time as a plea of guilty has been
accepted or a verdict of guilty has been filed, notwithstanding
the pendency of any future proceedings including but not
limited to sentencing, posttrial motions, and appeals. [2004 c
94 § 5; 1992 c 186 § 5; 1985 c 288 § 10.]
9A.46.100
Severability—Effective dates—2004 c 94: See notes following RCW
9.61.260.
Additional notes found at www.leg.wa.gov
9A.46.110 Stalking. (1) A person commits the crime of
stalking if, without lawful authority and under circumstances
not amounting to a felony attempt of another crime:
(a) He or she intentionally and repeatedly harasses or
repeatedly follows another person; and
(b) The person being harassed or followed is placed in
fear that the stalker intends to injure the person, another person, or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same
situation would experience under all the circumstances; and
(c) The stalker either:
(i) Intends to frighten, intimidate, or harass the person; or
(ii) Knows or reasonably should know that the person is
afraid, intimidated, or harassed even if the stalker did not
intend to place the person in fear or intimidate or harass the
person.
(2)(a) It is not a defense to the crime of stalking under
subsection (1)(c)(i) of this section that the stalker was not
9A.46.110
(2010 Ed.)
Arson, Reckless Burning, and Malicious Mischief
given actual notice that the person did not want the stalker to
contact or follow the person; and
(b) It is not a defense to the crime of stalking under subsection (1)(c)(ii) of this section that the stalker did not intend
to frighten, intimidate, or harass the person.
(3) It shall be a defense to the crime of stalking that the
defendant is a licensed private investigator acting within the
capacity of his or her license as provided by chapter 18.165
RCW.
(4) Attempts to contact or follow the person after being
given actual notice that the person does not want to be contacted or followed constitutes prima facie evidence that the
stalker intends to intimidate or harass the person. "Contact"
includes, in addition to any other form of contact or communication, the sending of an electronic communication to the
person.
(5)(a) Except as provided in (b) of this subsection, a person who stalks another person is guilty of a gross misdemeanor.
(b) A person who stalks another is guilty of a class C felony if any of the following applies: (i) The stalker has previously been convicted in this state or any other state of any
crime of harassment, as defined in RCW 9A.46.060, of the
same victim or members of the victim’s family or household
or any person specifically named in a protective order; (ii) the
stalking violates any protective order protecting the person
being stalked; (iii) the stalker has previously been convicted
of a gross misdemeanor or felony stalking offense under this
section for stalking another person; (iv) the stalker was armed
with a deadly weapon, as defined in *RCW 9.94A.602, while
stalking the person; (v)(A) the stalker’s victim is or was a law
enforcement officer; judge; juror; attorney; victim advocate;
legislator; community corrections’ officer; an employee, contract staff person, or volunteer of a correctional agency; or an
employee of the child protective, child welfare, or adult protective services division within the department of social and
health services; and (B) the stalker stalked the victim to retaliate against the victim for an act the victim performed during
the course of official duties or to influence the victim’s performance of official duties; or (vi) the stalker’s victim is a
current, former, or prospective witness in an adjudicative
proceeding, and the stalker stalked the victim to retaliate
against the victim as a result of the victim’s testimony or
potential testimony.
(6) As used in this section:
(a) "Correctional agency" means a person working for
the department of natural resources in a correctional setting
or any state, county, or municipally operated agency with the
authority to direct the release of a person serving a sentence
or term of confinement and includes but is not limited to the
department of corrections, the indeterminate sentence review
board, and the department of social and health services.
(b) "Follows" means deliberately maintaining visual or
physical proximity to a specific person over a period of time.
A finding that the alleged stalker repeatedly and deliberately
appears at the person’s home, school, place of employment,
business, or any other location to maintain visual or physical
proximity to the person is sufficient to find that the alleged
stalker follows the person. It is not necessary to establish that
the alleged stalker follows the person while in transit from
one location to another.
(2010 Ed.)
Chapter 9A.48
(c) "Harasses" means unlawful harassment as defined in
RCW 10.14.020.
(d) "Protective order" means any temporary or permanent court order prohibiting or limiting violence against,
harassment of, contact or communication with, or physical
proximity to another person.
(e) "Repeatedly" means on two or more separate occasions. [2007 c 201 § 1; 2006 c 95 § 3; 2003 c 53 § 70. Prior:
1999 c 143 § 35; 1999 c 27 § 3; 1994 c 271 § 801; 1992 c 186
§ 1.]
*Reviser’s note: RCW 9.94A.602 was recodified as RCW 9.94A.825
pursuant to 2009 c 28 § 41.
Findings—Intent—2006 c 95: See note following RCW 74.04.790.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—1999 c 27: See note following RCW 9A.46.020.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Additional notes found at www.leg.wa.gov
9A.46.120 Criminal gang intimidation. A person
commits the offense of criminal gang intimidation if the person threatens another person with bodily injury because the
other person refuses to join or has attempted to withdraw
from a gang, as defined in RCW 28A.600.455, if the person
who threatens the victim or the victim attends or is registered
in a public or alternative school. Criminal gang intimidation
is a class C felony. [1997 c 266 § 3.]
9A.46.120
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
9A.46.900 Short title. This act shall be known as the
anti-harassment act of 1985. [1985 c 288 § 12.]
9A.46.900
9A.46.905 Effective date—1985 c 288. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect May 1, 1985.
[1985 c 288 § 15.]
9A.46.905
9A.46.910 Severability—1985 c 288. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 288 § 14.]
9A.46.910
Chapter 9A.48
Chapter 9A.48 RCW
ARSON, RECKLESS BURNING, AND
MALICIOUS MISCHIEF
Sections
9A.48.010
9A.48.020
9A.48.030
9A.48.040
9A.48.050
9A.48.060
9A.48.070
9A.48.080
9A.48.090
9A.48.100
9A.48.105
9A.48.110
9A.48.120
Definitions.
Arson in the first degree.
Arson in the second degree.
Reckless burning in the first degree.
Reckless burning in the second degree.
Reckless burning—Defense.
Malicious mischief in the first degree.
Malicious mischief in the second degree.
Malicious mischief in the third degree.
Malicious mischief—"Physical damage" defined.
Criminal street gang tagging and graffiti.
Defacing a state monument.
Civil disorder training.
[Title 9A RCW—page 41]
9A.48.010
Title 9A RCW: Washington Criminal Code
Explosives: Chapter 70.74 RCW.
9A.48.010 Definitions. (1) For the purpose of this
chapter, unless the context indicates otherwise:
(a) "Building" has the definition in RCW 9A.04.110(5),
and where a building consists of two or more units separately
secured or occupied, each unit shall not be treated as a separate building;
(b) "Damages", in addition to its ordinary meaning,
includes any charring, scorching, burning, or breaking, or
agricultural or industrial sabotage, and shall include any diminution in the value of any property as a consequence of an
act;
(c) "Property of another" means property in which the
actor possesses anything less than exclusive ownership.
(2) To constitute arson it is not necessary that a person
other than the actor has ownership in the building or structure
damaged or set on fire. [2002 c 32 § 1; 1975-’76 2nd ex.s. c
38 § 6; 1975 1st ex.s. c 260 § 9A.48.010.]
(2) Reckless burning in the first degree is a class C felony. [1975 1st ex.s. c 260 § 9A.48.040.]
9A.48.010
Effective date—2002 c 32: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 12, 2002]." [2002 c 32 § 2.]
Additional notes found at www.leg.wa.gov
9A.48.020 Arson in the first degree. (1) A person is
guilty of arson in the first degree if he or she knowingly and
maliciously:
(a) Causes a fire or explosion which is manifestly dangerous to any human life, including firefighters; or
(b) Causes a fire or explosion which damages a dwelling;
or
(c) Causes a fire or explosion in any building in which
there shall be at the time a human being who is not a participant in the crime; or
(d) Causes a fire or explosion on property valued at ten
thousand dollars or more with intent to collect insurance proceeds.
(2) Arson in the first degree is a class A felony. [2007 c
218 § 63; 1981 c 203 § 2; 1975 1st ex.s. c 260 § 9A.48.020.]
9A.48.050 Reckless burning in the second degree. (1)
A person is guilty of reckless burning in the second degree if
he knowingly causes a fire or explosion, whether on his own
property or that of another, and thereby recklessly places a
building or other structure, or any vehicle, railway car, aircraft, or watercraft, or any hay, grain, crop or timber, whether
cut or standing, in danger of destruction or damage.
(2) Reckless burning in the second degree is a gross misdemeanor. [1975 1st ex.s. c 260 § 9A.48.050.]
9A.48.050
9A.48.060 Reckless burning—Defense. In any prosecution for the crime of reckless burning in the first or second
degrees, it shall be a defense if the defendant establishes by a
preponderance of the evidence that:
(a) No person other than the defendant had a possessory,
or pecuniary interest in the damaged or endangered property,
or if other persons had such an interest, all of them consented
to the defendant’s conduct; and
(b) The defendant’s sole intent was to destroy or damage
the property for a lawful purpose. [1975 1st ex.s. c 260 §
9A.48.060.]
9A.48.060
9A.48.020
Intent—Finding—2007 c 218: See note following RCW 1.08.130.
9A.48.030 Arson in the second degree. (1) A person is
guilty of arson in the second degree if he knowingly and
maliciously causes a fire or explosion which damages a
building, or any structure or erection appurtenant to or joining any building, or any wharf, dock, machine, engine, automobile, or other motor vehicle, watercraft, aircraft, bridge, or
trestle, or hay, grain, crop, or timber, whether cut or standing
or any range land, or pasture land, or any fence, or any lumber, shingle, or other timber products, or any property.
(2) Arson in the second degree is a class B felony. [1975
1st ex.s. c 260 § 9A.48.030.]
9A.48.030
9A.48.040 Reckless burning in the first degree. (1) A
person is guilty of reckless burning in the first degree if he
recklessly damages a building or other structure or any vehicle, railway car, aircraft or watercraft or any hay, grain, crop,
or timber whether cut or standing, by knowingly causing a
fire or explosion.
9A.48.040
[Title 9A RCW—page 42]
9A.48.070 Malicious mischief in the first degree. (1)
A person is guilty of malicious mischief in the first degree if
he or she knowingly and maliciously:
(a) Causes physical damage to the property of another in
an amount exceeding five thousand dollars;
(b) Causes an interruption or impairment of service rendered to the public by physically damaging or tampering with
an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication; or
(c) Causes an impairment of the safety, efficiency, or
operation of an aircraft by physically damaging or tampering
with the aircraft or aircraft equipment, fuel, lubricant, or
parts.
(2) Malicious mischief in the first degree is a class B felony. [2009 c 431 § 4; 1983 1st ex.s. c 4 § 1; 1975 1st ex.s. c
260 § 9A.48.070.]
9A.48.070
Applicability—2009 c 431: See note following RCW 9.94A.863.
Property crime database, liability: RCW 4.24.340.
Additional notes found at www.leg.wa.gov
9A.48.080 Malicious mischief in the second degree.
(1) A person is guilty of malicious mischief in the second
degree if he or she knowingly and maliciously:
(a) Causes physical damage to the property of another in
an amount exceeding seven hundred fifty dollars; or
(b) Creates a substantial risk of interruption or impairment of service rendered to the public, by physically damaging or tampering with an emergency vehicle or property of
the state, a political subdivision thereof, or a public utility or
mode of public transportation, power, or communication.
(2) Malicious mischief in the second degree is a class C
felony. [2009 c 431 § 5; 1994 c 261 § 17; 1979 c 145 § 2;
1975 1st ex.s. c 260 § 9A.48.080.]
9A.48.080
Applicability—2009 c 431: See note following RCW 9.94A.863.
(2010 Ed.)
Lasers
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Action by owner of stolen livestock: RCW 4.24.320.
Property crime database, liability: RCW 4.24.340.
9A.48.090 Malicious mischief in the third degree. (1)
A person is guilty of malicious mischief in the third degree if
he or she:
(a) Knowingly and maliciously causes physical damage
to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or
(b) Writes, paints, or draws any inscription, figure, or
mark of any type on any public or private building or other
structure or any real or personal property owned by any other
person unless the person has obtained the express permission
of the owner or operator of the property, under circumstances
not amounting to malicious mischief in the first or second
degree.
(2) Malicious mischief in the third degree is a gross misdemeanor. [2009 c 431 § 6; 2003 c 53 § 71; 1996 c 35 § 1;
1975 1st ex.s. c 260 § 9A.48.090.]
9A.48.090
Applicability—2009 c 431: See note following RCW 9.94A.863.
9A.49.001
(a) Has multiple current convictions for malicious mischief in the third degree offenses under RCW
9A.48.090(1)(b); or
(b) Has previously been convicted for a malicious mischief in the third degree offense under RCW 9A.48.090(1)(b)
or a comparable offense under a municipal code provision of
any city or town; and
(c) The current offense or one of the current offenses is a
"criminal street gang-related offense" as defined in RCW
9.94A.030.
(2) Criminal street gang tagging and graffiti is a gross
misdemeanor offense. [2008 c 276 § 306.]
Severability—Part headings, subheadings not law—2008 c 276: See
notes following RCW 36.28A.200.
9A.48.110 Defacing a state monument. (1) A person
is guilty of defacing a state monument if he or she knowingly
defaces a monument or memorial on the state capitol campus
or other state property.
(2) Defacing a state monument is a misdemeanor. [1995
c 66 § 1.]
9A.48.110
9A.48.120 Civil disorder training. (1) A person is
guilty of civil disorder training if he or she teaches or demonstrates to any other person the use, application, or making of
any device or technique capable of causing significant bodily
injury or death to persons, knowing, or having reason to
know or intending that same will be unlawfully employed for
use in, or in furtherance of, a civil disorder.
(2) Civil disorder training is a class B felony.
(3) Nothing in this section makes unlawful any act of any
law enforcement officer that is performed in the lawful performance of his or her official duties.
(4) Nothing in this section makes unlawful any act of
firearms training, target shooting, or other firearms activity,
so long as it is not done for the purpose of furthering a civil
disorder.
(5) For the purposes of this section:
(a) "Civil disorder" means any public disturbance
involving acts of violence that is intended to cause an immediate danger of, or to result in, significant injury to property
or the person of any other individual.
(b) "Law enforcement officer" means any law enforcement officer as defined in RCW 9A.76.020(2) including
members of the Washington national guard, as defined in
RCW 38.04.010. [2008 c 206 § 1; 2002 c 340 § 1.]
9A.48.120
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Property crime database, liability: RCW 4.24.340.
9A.48.100 Malicious mischief—"Physical damage"
defined. For the purposes of RCW 9A.48.070 through
9A.48.090 inclusive:
(1) "Physical damage", in addition to its ordinary meaning, shall include the total or partial alteration, damage, obliteration, or erasure of records, information, data, computer
programs, or their computer representations, which are
recorded for use in computers or the impairment, interruption, or interference with the use of such records, information, data, or computer programs, or the impairment, interruption, or interference with the use of any computer or services provided by computers. "Physical damage" also
includes any diminution in the value of any property as the
consequence of an act;
(2) If more than one item of property is physically damaged as a result of a common scheme or plan by a person and
the physical damage to the property would, when considered
separately, constitute mischief in the third degree because of
value, then the value of the damages may be aggregated in
one count. If the sum of the value of all the physical damages
exceeds two hundred fifty dollars, the defendant may be
charged with and convicted of malicious mischief in the second degree. [1984 c 273 § 4; 1981 c 260 § 2. Prior: 1979
ex.s. c 244 § 11; 1979 c 145 § 3; 1977 ex.s. c 174 § 1; 1975
1st ex.s. c 260 § 9A.48.100.]
9A.48.100
Action by owner of stolen livestock: RCW 4.24.320.
Computer trespass: RCW 9A.52.110 through 9A.52.130.
Additional notes found at www.leg.wa.gov
9A.48.105 Criminal street gang tagging and graffiti.
(1) A person is guilty of criminal street gang tagging and
graffiti if he or she commits malicious mischief in the third
degree under RCW 9A.48.090(1)(b) and he or she:
9A.48.105
(2010 Ed.)
Chapter 9A.49
Chapter 9A.49 RCW
LASERS
Sections
9A.49.001
9A.49.010
9A.49.020
9A.49.030
9A.49.040
9A.49.050
Findings.
Definitions.
Unlawful discharge of a laser in the first degree.
Unlawful discharge of a laser in the second degree.
Civil infraction, when.
Exclusions.
9A.49.001 Findings. The legislature finds that lasers
are becoming both less expensive and more accessible in our
technologically advanced society. Laser devices are being
used by individuals in a manner so as to intimidate and
9A.49.001
[Title 9A RCW—page 43]
9A.49.010
Title 9A RCW: Washington Criminal Code
harass. This creates an especially serious problem for law
enforcement officers who reasonably believe they are the target of a laser sighting device on a firearm. Additionally,
emergency service providers, service providers, and others
who operate aircraft or motor vehicles may be negatively
affected to the point of jeopardizing their safety as well as the
safety of others. In order to address the misuse of lasers, the
legislature hereby finds it necessary to criminalize the discharge of lasers under certain circumstances. [1999 c 180 §
1.]
9A.49.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Aircraft" means any contrivance known or hereafter
invented, used, or designed for navigation of or flight in air.
(2) "Laser" means any device designed or used to
amplify electromagnetic radiation by simulated [stimulated]
emission which is visible to the human eye.
(3) "Laser sighting system or device" means any system
or device which is integrated with or affixed to a firearm and
which emits a laser light beam that is used by the shooter to
assist in the sight alignment of that firearm. [1999 c 180 § 2.]
9A.49.010
9A.49.020 Unlawful discharge of a laser in the first
degree. (1) A person is guilty of unlawful discharge of a
laser in the first degree if he or she knowingly and maliciously discharges a laser, under circumstances not amounting to malicious mischief in the first degree:
(a) At a law enforcement officer or other employee of a
law enforcement agency who is performing his or her official
duties in uniform or exhibiting evidence of his or her authority, and in a manner that would support that officer’s or
employee’s reasonable belief that he or she is targeted with a
laser sighting device or system; or
(b) At a law enforcement officer or other employee of a
law enforcement agency who is performing his or her official
duties, causing an impairment of the safety or operation of a
law enforcement vehicle or causing an interruption or impairment of service rendered to the public by negatively affecting
the officer or employee; or
(c) At a pilot, causing an impairment of the safety or
operation of an aircraft or causing an interruption or impairment of service rendered to the public by negatively affecting
the pilot; or
(d) At a firefighter or other employee of a fire department, county fire marshal’s office, county fire prevention
bureau, or fire protection district who is performing his or her
official duties, causing an impairment of the safety or operation of an emergency vehicle or causing an interruption or
impairment of service rendered to the public by negatively
affecting the firefighter or employee; or
(e) At a transit operator or driver of a public or private
transit company while that person is performing his or her
official duties, causing an impairment of the safety or operation of a transit vehicle or causing an interruption or impairment of service rendered to the public by negatively affecting
the operator or driver; or
(f) At a school bus driver employed by a school district
or private company while the driver is performing his or her
9A.49.020
[Title 9A RCW—page 44]
official duties, causing an impairment of the safety or operation of a school bus or causing an interruption or impairment
of service by negatively affecting the bus driver.
(2) Except as provided in RCW 9A.49.040, unlawful discharge of a laser in the first degree is a class C felony. [1999
c 180 § 3.]
9A.49.030 Unlawful discharge of a laser in the second
degree. (1) A person is guilty of unlawful discharge of a
laser in the second degree if he or she knowingly and maliciously discharges a laser, under circumstances not amounting to unlawful discharge of a laser in the first degree or malicious mischief in the first or second degree:
(a) At a person, not described in RCW 9A.49.020(1) (a)
through (f), who is operating a motor vehicle at the time,
causing an impairment of the safety or operation of a motor
vehicle by negatively affecting the driver; or
(b) At a person described in RCW 9A.49.020(1) (b)
through (f), causing a substantial risk of an impairment or
interruption as described in RCW 9A.49.020(1) (b) through
(f); or
(c) At a person in order to intimidate or threaten that person.
(2) Except as provided in RCW 9A.49.040, unlawful discharge of a laser in the second degree is a gross misdemeanor.
[1999 c 180 § 4.]
9A.49.030
9A.49.040 Civil infraction, when. Unlawful discharge
of a laser in the first degree or second degree is a civil infraction if committed by a juvenile who has not before committed
either offense. The monetary penalty imposed upon a juvenile may not exceed one hundred dollars. [1999 c 180 § 5.]
9A.49.040
9A.49.050 Exclusions. This chapter does not apply to
the conduct of a laser development activity by or on behalf of
the United States armed forces. [1999 c 180 § 6.]
9A.49.050
Chapter 9A.50 RCW
INTERFERENCE WITH HEALTH CARE
FACILITIES OR PROVIDERS
Chapter 9A.50
Sections
9A.50.005
9A.50.010
9A.50.020
9A.50.030
9A.50.040
9A.50.050
9A.50.060
9A.50.070
9A.50.900
9A.50.901
9A.50.902
Finding.
Definitions.
Interference with health care facility.
Penalty.
Civil remedies.
Civil damages.
Informational picketing.
Protection of health care patients and providers.
Construction.
Severability—1993 c 128.
Effective date—1993 c 128.
9A.50.005 Finding. The legislature finds that seeking
or obtaining health care is fundamental to public health and
safety. [1993 c 128 § 1.]
9A.50.005
9A.50.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Health care facility" means a facility that provides
health care services directly to patients, including but not lim9A.50.010
(2010 Ed.)
Interference with Health Care Facilities or Providers
ited to, a hospital, clinic, health care provider’s office, health
maintenance organization, diagnostic or treatment center,
neuropsychiatric or mental health facility, hospice, or nursing
home.
(2) "Health care provider" has the same meaning as
defined in RCW 7.70.020 (1) and (2), and also means an
officer, director, employee, or agent of a health care facility
who sues or testifies regarding matters within the scope of his
or her employment.
(3) "Aggrieved" means:
(a) A person, physically present at the health care facility
when the prohibited actions occur, whose access is or is about
to be obstructed or impeded;
(b) A person, physically present at the health care facility
when the prohibited actions occur, whose care is or is about
to be disrupted;
(c) The health care facility, its employees, or agents;
(d) The owner of the health care facility or the building
or property upon which the health care facility is located.
[1993 c 128 § 2.]
9A.50.020 Interference with health care facility. It is
unlawful for a person except as otherwise protected by state
or federal law, alone or in concert with others, to willfully or
recklessly interfere with access to or from a health care facility or willfully or recklessly disrupt the normal functioning of
such facility by:
(1) Physically obstructing or impeding the free passage
of a person seeking to enter or depart from the facility or from
the common areas of the real property upon which the facility
is located;
(2) Making noise that unreasonably disturbs the peace
within the facility;
(3) Trespassing on the facility or the common areas of
the real property upon which the facility is located;
(4) Telephoning the facility repeatedly, or knowingly
permitting any telephone under his or her control to be used
for such purpose; or
(5) Threatening to inflict injury on the owners, agents,
patients, employees, or property of the facility or knowingly
permitting any telephone under his or her control to be used
for such purpose. [1993 c 128 § 3.]
9A.50.020
9A.50.030 Penalty. A violation of RCW 9A.50.020 is
a gross misdemeanor. A person convicted of violating RCW
9A.50.020 shall be punished as follows:
(1) For a first offense, a fine of not less than two hundred
fifty dollars and a jail term of not less than twenty-four consecutive hours;
(2) For a second offense, a fine of not less than five hundred dollars and a jail term of not less than seven consecutive
days; and
(3) For a third or subsequent offense, a fine of not less
than one thousand dollars and a jail term of not less than
thirty consecutive days. [1993 c 128 § 4.]
9A.50.030
9A.50.901
A plaintiff in an action brought under this chapter shall not
recover more than his or her actual damages and additional
sums authorized in RCW 9A.50.050. Once a plaintiff recovers his or her actual damages and any additional sums authorized under this chapter, additional damages shall not be
recovered. A person does not have to be criminally convicted
of violating RCW 9A.50.020 to be held civilly liable under
this section. It is not necessary to prove actual damages to
recover the additional sums authorized under RCW
9A.50.050, costs, and attorneys’ fees. The prevailing party is
entitled to recover costs and attorneys’ fees.
(2) The superior courts of this state shall have authority
to grant temporary, preliminary, and permanent injunctive
relief to enjoin violations of this chapter.
In appropriate circumstances, any superior court having
personal jurisdiction over one or more defendants may issue
injunctive relief that shall have binding effect on the original
defendants and persons acting in concert with the original
defendants, in any county in the state.
Due to the nature of the harm involved, injunctive relief
may be issued without bond in the discretion of the court, notwithstanding any other requirement imposed by statute.
The state and its political subdivisions shall cooperate in
the enforcement of court injunctions that seek to protect
against acts prohibited by this chapter. [1993 c 128 § 6.]
9A.50.050
9A.50.050 Civil damages. In a civil action brought
under this chapter, an individual plaintiff aggrieved by the
actions prohibited by RCW 9A.50.020 may be entitled to
recover up to five hundred dollars for each day that the
actions occurred, or up to five thousand dollars for each day
that the actions occurred if the plaintiff aggrieved by the
actions prohibited under RCW 9A.50.020 is a health care
facility. [1993 c 128 § 7.]
9A.50.060
9A.50.060 Informational picketing. Nothing in RCW
9A.50.020 shall prohibit either lawful picketing or other publicity for the purpose of providing the public with information. [1993 c 128 § 8.]
9A.50.070
9A.50.070 Protection of health care patients and providers. A court having jurisdiction over a criminal or civil
proceeding under this chapter shall take all steps reasonably
necessary to safeguard the individual privacy and prevent
harassment of a health care patient or health care provider
who is a party or witness in a proceeding, including granting
protective orders and orders in limine. [1993 c 128 § 9.]
9A.50.900
9A.50.900 Construction. Nothing in this chapter shall
be construed to limit the right to seek other available criminal
or civil remedies. The remedies provided in this chapter are
cumulative, not exclusive. [1993 c 128 § 11.]
9A.50.901
9A.50.040 Civil remedies. (1) A person or health care
facility aggrieved by the actions prohibited by RCW
9A.50.020 may seek civil damages from those who committed the prohibited acts and those acting in concert with them.
9A.50.040
(2010 Ed.)
9A.50.901 Severability—1993 c 128. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 128 § 12.]
[Title 9A RCW—page 45]
9A.50.902
Title 9A RCW: Washington Criminal Code
9A.50.902 Effective date—1993 c 128. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[April 26, 1993]. [1993 c 128 § 14.]
9A.50.902
Chapter 9A.52
Chapter 9A.52 RCW
BURGLARY AND TRESPASS
Sections
9A.52.010
9A.52.020
9A.52.025
9A.52.030
9A.52.040
9A.52.050
9A.52.060
9A.52.070
9A.52.080
9A.52.090
9A.52.095
9A.52.100
9A.52.110
9A.52.120
9A.52.130
Definitions.
Burglary in the first degree.
Residential burglary.
Burglary in the second degree.
Inference of intent.
Other crime in committing burglary punishable.
Making or having burglar tools.
Criminal trespass in the first degree.
Criminal trespass in the second degree.
Criminal trespass—Defenses.
Vehicle prowling in the first degree.
Vehicle prowling in the second degree.
Computer trespass in the first degree.
Computer trespass in the second degree.
Computer trespass—Commission of other crime.
9A.52.010 Definitions. The following definitions apply
in this chapter:
(1) "Premises" includes any building, dwelling, structure
used for commercial aquaculture, or any real property;
(2) "Enter". The word "enter" when constituting an element or part of a crime, shall include the entrance of the person, or the insertion of any part of his body, or any instrument
or weapon held in his hand and used or intended to be used to
threaten or intimidate a person or to detach or remove property;
(3) "Enters or remains unlawfully". A person "enters or
remains unlawfully" in or upon premises when he is not then
licensed, invited, or otherwise privileged to so enter or
remain.
A license or privilege to enter or remain in a building
which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not
open to the public. A person who enters or remains upon
unimproved and apparently unused land, which is neither
fenced nor otherwise enclosed in a manner designed to
exclude intruders, does so with license and privilege unless
notice against trespass is personally communicated to him by
the owner of the land or some other authorized person, or
unless notice is given by posting in a conspicuous manner.
Land that is used for commercial aquaculture or for growing
an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign
of cultivation is clearly visible or if notice is given by posting
in a conspicuous manner. Similarly, a field fenced in any
manner is not unimproved and apparently unused land. A
license or privilege to enter or remain on improved and
apparently used land that is open to the public at particular
times, which is neither fenced nor otherwise enclosed in a
manner to exclude intruders, is not a license or privilege to
enter or remain on the land at other times if notice of prohibited times of entry is posted in a conspicuous manner;
(4) "Data" means a representation of information,
knowledge, facts, concepts, or instructions that are being pre9A.52.010
[Title 9A RCW—page 46]
pared or have been prepared in a formalized manner and are
intended for use in a computer;
(5) "Computer program" means an ordered set of data
representing coded instructions or statements that when executed by a computer cause the computer to process data;
(6) "Access" means to approach, instruct, communicate
with, store data in, retrieve data from, or otherwise make use
of any resources of a computer, directly or by electronic
means. [2004 c 69 § 1; 1985 c 289 § 1. Prior: 1984 c 273 §
5; 1984 c 49 § 1; 1975 1st ex.s. c 260 § 9A.52.010.]
9A.52.020 Burglary in the first degree. (1) A person
is guilty of burglary in the first degree if, with intent to commit a crime against a person or property therein, he or she
enters or remains unlawfully in a building and if, in entering
or while in the building or in immediate flight therefrom, the
actor or another participant in the crime (a) is armed with a
deadly weapon, or (b) assaults any person.
(2) Burglary in the first degree is a class A felony. [1996
c 15 § 1; 1995 c 129 § 9 (Initiative Measure No. 159); 1975
1st ex.s. c 260 § 9A.52.020.]
9A.52.020
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
9A.52.025 Residential burglary. (1) A person is guilty
of residential burglary if, with intent to commit a crime
against a person or property therein, the person enters or
remains unlawfully in a dwelling other than a vehicle.
(2) Residential burglary is a class B felony. In establishing sentencing guidelines and disposition standards, the sentencing guidelines commission and the juvenile disposition
standards commission shall consider residential burglary as a
more serious offense than second degree burglary. [1989 2nd
ex.s. c 1 § 1; 1989 c 412 § 1.]
9A.52.025
Additional notes found at www.leg.wa.gov
9A.52.030 Burglary in the second degree. (1) A person is guilty of burglary in the second degree if, with intent to
commit a crime against a person or property therein, he enters
or remains unlawfully in a building other than a vehicle or a
dwelling.
(2) Burglary in the second degree is a class B felony.
[1989 2nd ex.s. c 1 § 2; 1989 c 412 § 2; 1975-’76 2nd ex.s. c
38 § 7; 1975 1st ex.s. c 260 § 9A.52.030.]
9A.52.030
Additional notes found at www.leg.wa.gov
9A.52.040 Inference of intent. In any prosecution for
burglary, any person who enters or remains unlawfully in a
building may be inferred to have acted with intent to commit
a crime against a person or property therein, unless such
entering or remaining shall be explained by evidence satisfactory to the trier of fact to have been made without such
criminal intent. [1975 1st ex.s. c 260 § 9A.52.040.]
9A.52.040
9A.52.050 Other crime in committing burglary punishable. Every person who, in the commission of a burglary
shall commit any other crime, may be punished therefor as
well as for the burglary, and may be prosecuted for each
crime separately. [1975 1st ex.s. c 260 § 9A.52.050.]
9A.52.050
(2010 Ed.)
Theft and Robbery
9A.52.060 Making or having burglar tools. (1) Every
person who shall make or mend or cause to be made or
mended, or have in his possession, any engine, machine, tool,
false key, pick lock, bit, nippers, or implement adapted,
designed, or commonly used for the commission of burglary
under circumstances evincing an intent to use or employ, or
allow the same to be used or employed in the commission of
a burglary, or knowing that the same is intended to be so
used, shall be guilty of making or having burglar tools.
(2) Making or having burglar tools is a gross misdemeanor. [1975 1st ex.s. c 260 § 9A.52.060.]
9A.52.060
9A.52.070 Criminal trespass in the first degree. (1) A
person is guilty of criminal trespass in the first degree if he
knowingly enters or remains unlawfully in a building.
(2) Criminal trespass in the first degree is a gross misdemeanor. [1979 ex.s. c 244 § 12; 1975 1st ex.s. c 260 §
9A.52.070.]
9A.52.070
Additional notes found at www.leg.wa.gov
9A.52.080 Criminal trespass in the second degree.
(1) A person is guilty of criminal trespass in the second
degree if he knowingly enters or remains unlawfully in or
upon premises of another under circumstances not constituting criminal trespass in the first degree.
(2) Criminal trespass in the second degree is a misdemeanor. [1979 ex.s. c 244 § 13; 1975 1st ex.s. c 260 §
9A.52.080.]
9A.52.080
Additional notes found at www.leg.wa.gov
9A.52.090 Criminal trespass—Defenses. In any prosecution under RCW 9A.52.070 and 9A.52.080, it is a defense
that:
(1) A building involved in an offense under RCW
9A.52.070 was abandoned; or
(2) The premises were at the time open to members of
the public and the actor complied with all lawful conditions
imposed on access to or remaining in the premises; or
(3) The actor reasonably believed that the owner of the
premises, or other person empowered to license access
thereto, would have licensed him to enter or remain; or
(4) The actor was attempting to serve legal process
which includes any document required or allowed to be
served upon persons or property, by any statute, rule, ordinance, regulation, or court order, excluding delivery by the
mails of the United States. This defense applies only if the
actor did not enter into a private residence or other building
not open to the public and the entry onto the premises was
reasonable and necessary for service of the legal process.
[1986 c 219 § 2; 1975 1st ex.s. c 260 § 9A.52.090.]
9A.52.090
9A.52.095 Vehicle prowling in the first degree. (1) A
person is guilty of vehicle prowling in the first degree if, with
intent to commit a crime against a person or property therein,
he enters or remains unlawfully in a motor home, as defined
in RCW 46.04.305, or in a vessel equipped for propulsion by
mechanical means or by sail which has a cabin equipped with
permanently installed sleeping quarters or cooking facilities.
(2) Vehicle prowling in the first degree is a class C felony. [1982 1st ex.s. c 47 § 13.]
9A.52.095
(2010 Ed.)
Chapter 9A.56
Additional notes found at www.leg.wa.gov
9A.52.100 Vehicle prowling in the second degree. (1)
A person is guilty of vehicle prowling in the second degree if,
with intent to commit a crime against a person or property
therein, he enters or remains unlawfully in a vehicle other
than a motor home, as defined in RCW 46.04.305, or a vessel
equipped for propulsion by mechanical means or by sail
which has a cabin equipped with permanently installed sleeping quarters or cooking facilities.
(2) Vehicle prowling in the second degree is a gross misdemeanor. [1982 1st ex.s. c 47 § 14; 1975 1st ex.s. c 260 §
9A.52.100.]
9A.52.100
Additional notes found at www.leg.wa.gov
9A.52.110 Computer trespass in the first degree. (1)
A person is guilty of computer trespass in the first degree if
the person, without authorization, intentionally gains access
to a computer system or electronic database of another; and
(a) The access is made with the intent to commit another
crime; or
(b) The violation involves a computer or database maintained by a government agency.
(2) Computer trespass in the first degree is a class C felony. [1984 c 273 § 1.]
9A.52.110
9A.52.120 Computer trespass in the second degree.
(1) A person is guilty of computer trespass in the second
degree if the person, without authorization, intentionally
gains access to a computer system or electronic database of
another under circumstances not constituting the offense in
the first degree.
(2) Computer trespass in the second degree is a gross
misdemeanor. [1984 c 273 § 2.]
9A.52.120
9A.52.130 Computer trespass—Commission of other
crime. A person who, in the commission of a computer trespass, commits any other crime may be punished for that other
crime as well as for the computer trespass and may be prosecuted for each crime separately. [1984 c 273 § 3.]
9A.52.130
Physical damage to computer programs: RCW 9A.48.100.
Chapter 9A.56
Chapter 9A.56 RCW
THEFT AND ROBBERY
Sections
9A.56.010
9A.56.020
9A.56.030
9A.56.040
9A.56.050
9A.56.060
9A.56.063
9A.56.065
9A.56.068
9A.56.070
9A.56.075
9A.56.078
9A.56.080
9A.56.083
9A.56.085
9A.56.096
9A.56.100
9A.56.110
Definitions.
Theft—Definition, defense.
Theft in the first degree—Other than firearm or motor vehicle.
Theft in the second degree—Other than firearm or motor vehicle.
Theft in the third degree.
Unlawful issuance of checks or drafts.
Making or possessing motor vehicle theft tools.
Theft of motor vehicle.
Possession of stolen vehicle.
Taking motor vehicle without permission in the first degree.
Taking motor vehicle without permission in the second degree.
Motor vehicle crimes—Civil action.
Theft of livestock in the first degree.
Theft of livestock in the second degree.
Minimum fine for theft of livestock.
Theft of rental, leased, lease-purchased, or loaned property.
Theft and larceny equated.
Extortion—Definition.
[Title 9A RCW—page 47]
9A.56.010
9A.56.120
9A.56.130
9A.56.140
9A.56.150
9A.56.160
9A.56.170
9A.56.180
9A.56.190
9A.56.200
9A.56.210
9A.56.220
9A.56.230
9A.56.240
9A.56.250
9A.56.260
9A.56.262
9A.56.264
9A.56.266
9A.56.268
9A.56.270
9A.56.280
9A.56.290
9A.56.300
9A.56.310
9A.56.320
9A.56.330
9A.56.340
9A.56.350
9A.56.360
Title 9A RCW: Washington Criminal Code
Extortion in the first degree.
Extortion in the second degree.
Possessing stolen property—Definition—Presumption.
Possessing stolen property in the first degree—Other than firearm or motor vehicle.
Possessing stolen property in the second degree—Other than
firearm or motor vehicle.
Possessing stolen property in the third degree.
Obscuring the identity of a machine.
Robbery—Definition.
Robbery in the first degree.
Robbery in the second degree.
Theft of subscription television services.
Unlawful sale of subscription television services.
Forfeiture and disposal of device used to commit violation.
Civil cause of action.
Connection of channel converter.
Theft of telecommunication services.
Unlawful manufacture of telecommunication device.
Unlawful sale of telecommunication device.
Civil cause of action.
Shopping cart theft.
Credit, debit cards, checks, etc.—Definitions.
Credit, payment cards—Unlawful factoring of transactions.
Theft of a firearm.
Possessing a stolen firearm.
Financial fraud—Unlawful possession, production of instruments of.
Possession of another’s identification.
Theft with the intent to resell.
Organized retail theft.
Retail theft with extenuating circumstances.
Insurance producer, appropriation of premiums: RCW 48.17.480.
Pawnbrokers and secondhand dealers: RCW 19.60.066.
Public lands, taking or destroying property is theft: RCW 79.02.310.
Public officer misappropriating funds: RCW 42.20.070, 42.20.090.
Removing native flora from state lands or highways: RCW 47.40.080.
Retaining books, etc., from public library: RCW 27.12.340.
Search and seizures: Chapter 10.79 RCW.
Stealing, receiving railroad property: RCW 81.60.080.
Stolen property, restoration, sale does not divest rights, duty of officer:
RCW 10.79.050.
Sufficiency of indictment or information alleging crime of larceny: RCW
10.37.110.
9A.56.010 Definitions. The following definitions are
applicable in this chapter unless the context otherwise
requires:
(1) "Access device" means any card, plate, code, account
number, or other means of account access that can be used
alone or in conjunction with another access device to obtain
money, goods, services, or anything else of value, or that can
be used to initiate a transfer of funds, other than a transfer
originated solely by paper instrument;
(2) "Appropriate lost or misdelivered property or services" means obtaining or exerting control over the property
or services of another which the actor knows to have been
lost or mislaid, or to have been delivered under a mistake as
to identity of the recipient or as to the nature or amount of the
property;
(3) "Beverage crate" means a plastic or metal box-like
container used by a manufacturer or distributor in the transportation or distribution of individually packaged beverages
to retail outlets, and affixed with language stating "property
of . . . . .," "owned by . . . . .," or other markings or words
identifying ownership;
(4) "By color or aid of deception" means that the deception operated to bring about the obtaining of the property or
9A.56.010
[Title 9A RCW—page 48]
services; it is not necessary that deception be the sole means
of obtaining the property or services;
(5) "Deception" occurs when an actor knowingly:
(a) Creates or confirms another’s false impression which
the actor knows to be false; or
(b) Fails to correct another’s impression which the actor
previously has created or confirmed; or
(c) Prevents another from acquiring information material
to the disposition of the property involved; or
(d) Transfers or encumbers property without disclosing a
lien, adverse claim, or other legal impediment to the enjoyment of the property, whether that impediment is or is not
valid, or is or is not a matter of official record; or
(e) Promises performance which the actor does not
intend to perform or knows will not be performed.
(6) "Deprive" in addition to its common meaning means
to make unauthorized use or an unauthorized copy of records,
information, data, trade secrets, or computer programs;
(7) "Merchandise pallet" means a wood or plastic carrier
designed and manufactured as an item on which products can
be placed before or during transport to retail outlets, manufacturers, or contractors, and affixed with language stating
"property of . . .," "owned by . . .," or other markings or
words identifying ownership;
(8) "Obtain control over" in addition to its common
meaning, means:
(a) In relation to property, to bring about a transfer or
purported transfer to the obtainer or another of a legally recognized interest in the property; or
(b) In relation to labor or service, to secure performance
thereof for the benefits of the obtainer or another;
(9) "Owner" means a person, other than the actor, who
has possession of or any other interest in the property or services involved, and without whose consent the actor has no
authority to exert control over the property or services;
(10) "Parking area" means a parking lot or other property
provided by retailers for use by a customer for parking an
automobile or other vehicle;
(11) "Receive" includes, but is not limited to, acquiring
title, possession, control, or a security interest, or any other
interest in the property;
(12) "Services" includes, but is not limited to, labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment, the supplying of equipment
for use, and the supplying of commodities of a public utility
nature such as gas, electricity, steam, and water;
(13) "Shopping cart" means a basket mounted on wheels
or similar container generally used in a retail establishment
by a customer for the purpose of transporting goods of any
kind;
(14) "Stolen" means obtained by theft, robbery, or extortion;
(15) "Subscription television service" means cable or
encrypted video and related audio and data services intended
for viewing on a home television by authorized members of
the public only, who have agreed to pay a fee for the service.
Subscription services include but are not limited to those
video services presently delivered by coaxial cable, fiber
optic cable, terrestrial microwave, television broadcast, and
satellite transmission;
(2010 Ed.)
Theft and Robbery
(16) "Telecommunication device" means (a) any type of
instrument, device, machine, or equipment that is capable of
transmitting or receiving telephonic or electronic communications; or (b) any part of such an instrument, device,
machine, or equipment, or any computer circuit, computer
chip, electronic mechanism, or other component, that is capable of facilitating the transmission or reception of telephonic
or electronic communications;
(17) "Telecommunication service" includes any service
other than subscription television service provided for a
charge or compensation to facilitate the transmission, transfer, or reception of a telephonic communication or an electronic communication;
(18) Value. (a) "Value" means the market value of the
property or services at the time and in the approximate area of
the criminal act.
(b) Whether or not they have been issued or delivered,
written instruments, except those having a readily ascertained
market value, shall be evaluated as follows:
(i) The value of an instrument constituting an evidence
of debt, such as a check, draft, or promissory note, shall be
deemed the amount due or collectible thereon or thereby, that
figure ordinarily being the face amount of the indebtedness
less any portion thereof which has been satisfied;
(ii) The value of a ticket or equivalent instrument which
evidences a right to receive transportation, entertainment, or
other service shall be deemed the price stated thereon, if any;
and if no price is stated thereon, the value shall be deemed the
price of such ticket or equivalent instrument which the issuer
charged the general public;
(iii) The value of any other instrument that creates,
releases, discharges, or otherwise affects any valuable legal
right, privilege, or obligation shall be deemed the greatest
amount of economic loss which the owner of the instrument
might reasonably suffer by virtue of the loss of the instrument.
(c) Except as provided in RCW 9A.56.340(4) and
9A.56.350(4), whenever any series of transactions which
constitute theft, would, when considered separately, constitute theft in the third degree because of value, and said series
of transactions are a part of a criminal episode or a common
scheme or plan, then the transactions may be aggregated in
one count and the sum of the value of all said transactions
shall be the value considered in determining the degree of
theft involved.
For purposes of this subsection, "criminal episode"
means a series of thefts committed by the same person from
one or more mercantile establishments on three or more occasions within a five-day period.
(d) Whenever any person is charged with possessing stolen property and such person has unlawfully in his possession
at the same time the stolen property of more than one person,
then the stolen property possessed may be aggregated in one
count and the sum of the value of all said stolen property shall
be the value considered in determining the degree of theft
involved. Thefts committed by the same person in different
counties that have been aggregated in one county may be
prosecuted in any county in which one of the thefts occurred.
(e) Property or services having value that cannot be
ascertained pursuant to the standards set forth above shall be
(2010 Ed.)
9A.56.030
deemed to be of a value not exceeding two hundred and fifty
dollars;
(19) "Wrongfully obtains" or "exerts unauthorized control" means:
(a) To take the property or services of another;
(b) Having any property or services in one’s possession,
custody or control as bailee, factor, lessee, pledgee, renter,
servant, attorney, agent, employee, trustee, executor, administrator, guardian, or officer of any person, estate, association,
or corporation, or as a public officer, or person authorized by
agreement or competent authority to take or hold such possession, custody, or control, to secrete, withhold, or appropriate the same to his or her own use or to the use of any person
other than the true owner or person entitled thereto; or
(c) Having any property or services in one’s possession,
custody, or control as partner, to secrete, withhold, or appropriate the same to his or her use or to the use of any person
other than the true owner or person entitled thereto, where the
use is unauthorized by the partnership agreement. [2006 c
277 § 4; 2002 c 97 § 1; 1999 c 143 § 36; 1998 c 236 § 1; 1997
c 346 § 2; 1995 c 92 § 1; 1987 c 140 § 1; 1986 c 257 § 2; 1985
c 382 § 1; 1984 c 273 § 6; 1975-’76 2nd ex.s. c 38 § 8; 1975
1st ex.s. c 260 § 9A.56.010.]
Additional notes found at www.leg.wa.gov
9A.56.020 Theft—Definition, defense. (1) "Theft"
means:
(a) To wrongfully obtain or exert unauthorized control
over the property or services of another or the value thereof,
with intent to deprive him or her of such property or services;
or
(b) By color or aid of deception to obtain control over the
property or services of another or the value thereof, with
intent to deprive him or her of such property or services; or
(c) To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive
him or her of such property or services.
(2) In any prosecution for theft, it shall be a sufficient
defense that:
(a) The property or service was appropriated openly and
avowedly under a claim of title made in good faith, even
though the claim be untenable; or
(b) The property was merchandise pallets that were
received by a pallet recycler or repairer in the ordinary course
of its business. [2004 c 122 § 1; 1975-’76 2nd ex.s. c 38 § 9;
1975 1st ex.s. c 260 § 9A.56.020.]
9A.56.020
Civil action for shoplifting by adults, minors: RCW 4.24.230.
Additional notes found at www.leg.wa.gov
9A.56.030 Theft in the first degree—Other than firearm or motor vehicle. (1) A person is guilty of theft in the
first degree if he or she commits theft of:
(a) Property or services which exceed(s) five thousand
dollars in value other than a firearm as defined in RCW
9.41.010;
(b) Property of any value, other than a firearm as defined
in RCW 9.41.010 or a motor vehicle, taken from the person
of another; or
(c) A search and rescue dog, as defined in RCW
9.91.175, while the search and rescue dog is on duty.
9A.56.030
[Title 9A RCW—page 49]
9A.56.040
Title 9A RCW: Washington Criminal Code
(2) Theft in the first degree is a class B felony. [2009 c
431 § 7; 2007 c 199 § 3; 2005 c 212 § 2; 1995 c 129 § 11 (Initiative Measure No. 159); 1975 1st ex.s. c 260 § 9A.56.030.]
Applicability—2009 c 431: See note following RCW 9.94A.863.
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Civil action for shoplifting by adults, minors: RCW 4.24.230.
Property crime database, liability: RCW 4.24.340.
9A.56.040 Theft in the second degree—Other than
firearm or motor vehicle. (1) A person is guilty of theft in
the second degree if he or she commits theft of:
(a) Property or services which exceed(s) seven hundred
fifty dollars in value but does not exceed five thousand dollars in value, other than a firearm as defined in RCW
9.41.010 or a motor vehicle; or
(b) A public record, writing, or instrument kept, filed, or
deposited according to law with or in the keeping of any public office or public servant; or
(c) An access device.
(2) Theft in the second degree is a class C felony. [2009
c 431 § 8; 2007 c 199 § 4; 1995 c 129 § 12 (Initiative Measure
No. 159); 1994 sp.s. c 7 § 433; 1987 c 140 § 2; 1982 1st ex.s.
c 47 § 15; 1975 1st ex.s. c 260 § 9A.56.040.]
9A.56.040
Applicability—2009 c 431: See note following RCW 9.94A.863.
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Civil action for shoplifting by adults, minors: RCW 4.24.230.
Property crime database, liability: RCW 4.24.340.
Additional notes found at www.leg.wa.gov
9A.56.050 Theft in the third degree. (1) A person is
guilty of theft in the third degree if he or she commits theft of
property or services which (a) does not exceed seven hundred
fifty dollars in value, or (b) includes ten or more merchandise
pallets, or ten or more beverage crates, or a combination of
ten or more merchandise pallets and beverage crates.
(2) Theft in the third degree is a gross misdemeanor.
[2009 c 431 § 9; 1998 c 236 § 4; 1975 1st ex.s. c 260 §
9A.56.050.]
9A.56.050
the payment of such check or draft, and the uttering or delivery of such a check or draft to another person without such
fund or credit to meet the same shall be prima facie evidence
of an intent to defraud.
(2) Any person who shall with intent to defraud, make,
or draw, or utter, or deliver to another person any check, or
draft on a bank or other depository for the payment of money
and who issues a stop-payment order directing the bank or
depository on which the check is drawn not to honor the
check, and who fails to make payment of money in the
amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check within twenty
days of issuing the check or draft is guilty of unlawful issuance of a bank check.
(3) When any series of transactions which constitute
unlawful issuance of a bank check would, when considered
separately, constitute unlawful issuance of a bank check in an
amount of seven hundred fifty dollars or less because of
value, and the series of transactions are a part of a common
scheme or plan, the transactions may be aggregated in one
count and the sum of the value of all of the transactions shall
be the value considered in determining whether the unlawful
issuance of a bank check is to be punished as a class C felony
or a gross misdemeanor.
(4) Unlawful issuance of a bank check in an amount
greater than seven hundred fifty dollars is a class C felony.
(5) Unlawful issuance of a bank check in an amount of
seven hundred fifty dollars or less is a gross misdemeanor
and shall be punished as follows:
(a) The court shall order the defendant to make full restitution;
(b) The defendant need not be imprisoned, but the court
shall impose a fine of up to one thousand one hundred
twenty-five dollars. Of the fine imposed, at least three hundred seventy-five dollars or an amount equal to one hundred
fifty percent of the amount of the bank check, whichever is
greater, shall not be suspended or deferred. Upon conviction
for a second offense within any twelve-month period, the
court may not suspend or defer any portion of the fine. [2009
c 431 § 10; 1982 c 138 § 1; 1979 ex.s. c 244 § 14; 1975 1st
ex.s. c 260 § 9A.56.060.]
Applicability—2009 c 431: See note following RCW 9.94A.863.
Maintenance by state treasurer of accounts in amount less than all warrants
outstanding not a violation of RCW 9A.56.060(1): RCW 43.08.135.
Property crime database, liability: RCW 4.24.340.
Additional notes found at www.leg.wa.gov
Applicability—2009 c 431: See note following RCW 9.94A.863.
Civil action for shoplifting by adults, minors: RCW 4.24.230.
Property crime database, liability: RCW 4.24.340.
9A.56.060 Unlawful issuance of checks or drafts. (1)
Any person who shall with intent to defraud, make, or draw,
or utter, or deliver to another person any check, or draft, on a
bank or other depository for the payment of money, knowing
at the time of such drawing, or delivery, that he or she has not
sufficient funds in, or credit with the bank or other depository, to meet the check or draft, in full upon its presentation,
is guilty of unlawful issuance of bank check. The word
"credit" as used herein shall be construed to mean an arrangement or understanding with the bank or other depository for
9A.56.060
[Title 9A RCW—page 50]
9A.56.063 Making or possessing motor vehicle theft
tools. (1) Any person who makes or mends, or causes to be
made or mended, uses, or has in his or her possession any
motor vehicle theft tool, that is adapted, designed, or commonly used for the commission of motor vehicle related theft,
under circumstances evincing an intent to use or employ, or
allow the same to be used or employed, in the commission of
motor vehicle theft, or knowing that the same is intended to
be so used, is guilty of making or having motor vehicle theft
tools.
(2) For the purpose of this section, motor vehicle theft
tool includes, but is not limited to, the following: Slim jim,
false master key, master purpose key, altered or shaved key,
9A.56.063
(2010 Ed.)
Theft and Robbery
trial or jiggler key, slide hammer, lock puller, picklock, bit,
nipper, any other implement shown by facts and circumstances that is intended to be used in the commission of a
motor vehicle related theft, or knowing that the same is
intended to be so used.
(3) For the purposes of this section, the following definitions apply:
(a) "False master" or "master key" is any key or other
device made or altered to fit locks or ignitions of multiple
vehicles, or vehicles other than that for which the key was
originally manufactured.
(b) "Altered or shaved key" is any key so altered, by cutting, filing, or other means, to fit multiple vehicles or vehicles
other than the vehicles for which the key was originally manufactured.
(c) "Trial keys" or "jiggler keys" are keys or sets
designed or altered to manipulate a vehicle locking mechanism other than the lock for which the key was originally
manufactured.
(4) Making or having motor vehicle theft tools is a gross
misdemeanor. [2007 c 199 § 18.]
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
9A.56.065 Theft of motor vehicle. (1) A person is
guilty of theft of a motor vehicle if he or she commits theft of
a motor vehicle.
(2) Theft of a motor vehicle is a class B felony. [2007 c
199 § 2.]
9A.56.065
Findings—Intent—2007 c 199: "(1) The legislature finds that:
(a) Automobiles are an essential part of our everyday lives. The west
coast is the only region of the United States with an increase of over three
percent in motor vehicle thefts over the last several years. The family car is
a priority of most individuals and families. The family car is typically the
second largest investment a person has next to the home, so when a car is stolen, it causes a significant loss and inconvenience to people, imposes financial hardship, and negatively impacts their work, school, and personal activities. Appropriate and meaningful penalties that are proportionate to the
crime committed must be imposed on those who steal motor vehicles;
(b) In Washington, more than one car is stolen every eleven minutes,
one hundred thirty-eight cars are stolen every day, someone’s car has a one
in one hundred seventy-nine chance of being stolen, and more vehicles were
stolen in 2005 than in any other previous year. Since 1994, auto theft has
increased over fifty-five percent, while other property crimes like burglary
are on the decline or holding steady. The national crime insurance bureau
reports that Seattle and Tacoma ranked in the top ten places for the most auto
thefts, ninth and tenth respectively, in 2004. In 2005, over fifty thousand
auto thefts were reported costing Washington citizens more than three hundred twenty-five million dollars in higher insurance rates and lost vehicles.
Nearly eighty percent of these crimes occurred in the central Puget Sound
region consisting of the heavily populated areas of King, Pierce, and Snohomish counties;
(c) Law enforcement has determined that auto theft, along with all the
grief it causes the immediate victims, is linked more and more to offenders
engaged in other crimes. Many stolen vehicles are used by criminals
involved in such crimes as robbery, burglary, and assault. In addition, many
people who are stopped in stolen vehicles are found to possess the personal
identification of other persons, or to possess methamphetamine, precursors
to methamphetamine, or equipment used to cook methamphetamine;
(d) Juveniles account for over half of the reported auto thefts with
many of these thefts being their first criminal offense. It is critical that they,
along with first time adult offenders, are appropriately punished for their
crimes. However, it is also important that first time offenders who qualify
receive appropriate counseling treatment for associated problems that may
have contributed to the commission of the crime, such as drugs, alcohol, and
anger management; and
(e) A coordinated and concentrated enforcement mechanism is critical
to an effective statewide offensive against motor vehicle theft. Such a sys(2010 Ed.)
9A.56.070
tem provides for better communications between and among law enforcement agencies, more efficient implementation of efforts to discover, track,
and arrest auto thieves, quicker recovery, and the return of stolen vehicles,
saving millions of dollars in potential loss to victims and their insurers.
(2) It is the intent of this act to deter motor vehicle theft through a statewide cooperative effort by combating motor vehicle theft through tough
laws, supporting law enforcement activities, improving enforcement and
administration, effective prosecution, public awareness, and meaningful
treatment for first time offenders where appropriate. It is also the intent of
the legislature to ensure that adequate funding is provided to implement this
act in order for real, observable reductions in the number of auto thefts in
Washington state." [2007 c 199 § 1.]
Short title—2007 c 199: "This act shall be known as the Elizabeth
Nowak-Washington auto theft prevention act." [2007 c 199 § 29.]
9A.56.068 Possession of stolen vehicle. (1) A person is
guilty of possession of a stolen vehicle if he or she possess
[possesses] a stolen motor vehicle.
(2) Possession of a stolen motor vehicle is a class B felony. [2007 c 199 § 5.]
9A.56.068
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
9A.56.070 Taking motor vehicle without permission
in the first degree. (1) A person is guilty of taking a motor
vehicle without permission in the first degree if he or she,
without the permission of the owner or person entitled to possession, intentionally takes or drives away an automobile or
motor vehicle, whether propelled by steam, electricity, or
internal combustion engine, that is the property of another,
and he or she:
(a) Alters the motor vehicle for the purpose of changing
its appearance or primary identification, including obscuring,
removing, or changing the manufacturer’s serial number or
the vehicle identification number plates;
(b) Removes, or participates in the removal of, parts
from the motor vehicle with the intent to sell the parts;
(c) Exports, or attempts to export, the motor vehicle
across state lines or out of the United States for profit;
(d) Intends to sell the motor vehicle; or
(e) Is engaged in a conspiracy and the central object of
the conspiratorial agreement is the theft of motor vehicles for
sale to others for profit or is engaged in a conspiracy and has
solicited a juvenile to participate in the theft of a motor vehicle.
(2) Taking a motor vehicle without permission in the
first degree is a class B felony. [2007 c 199 § 16; 2003 c 53
§ 72; 2002 c 324 § 1; 1975 1st ex.s. c 260 § 9A.56.070.]
9A.56.070
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Study and report—2002 c 324: "The sentencing guidelines commission shall study the impact of the sentencing changes in this act upon the
incidence of the crime of taking a motor vehicle without permission. By
December 2004, the commission shall submit a report to the governor and
the legislature. The report shall address:
(1) Whether the creation of the crime of taking a motor vehicle without
permission in the first degree and the increased penalties for that new crime
have resulted in a reduction in the number of convictions for taking a motor
vehicle without permission in the first or second degree; and
(2) Whether there are other actions, either civil or criminal, that could
have the effect of further decreasing the incidence of these crimes, including
but not limited to: The revocation of driving privileges, double scoring of
prior convictions, or increasing penalties for juveniles." [2002 c 324 § 4.]
[Title 9A RCW—page 51]
9A.56.075
Title 9A RCW: Washington Criminal Code
9A.56.075 Taking motor vehicle without permission
in the second degree. (1) A person is guilty of taking a
motor vehicle without permission in the second degree if he
or she, without the permission of the owner or person entitled
to possession, intentionally takes or drives away any automobile or motor vehicle, whether propelled by steam, electricity,
or internal combustion engine, that is the property of another,
or he or she voluntarily rides in or upon the automobile or
motor vehicle with knowledge of the fact that the automobile
or motor vehicle was unlawfully taken.
(2) Taking a motor vehicle without permission in the
second degree is a class C felony. [2003 c 53 § 73.]
9A.56.075
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9A.56.078 Motor vehicle crimes—Civil action. (1) A
person who is deprived of his or her motor vehicle because of
a violation of RCW 9A.56.030, 9A.56.040, 9A.56.070, or
9A.56.075 may file an action in superior court against the
perpetrator for the recovery of actual damages, limited to the
value of any damage to the vehicle and any property stolen
from the vehicle, civil damages of up to five thousand dollars,
and the costs of the suit, including reasonable attorneys’ fees.
(2)(a) Except as provided in (b) of this subsection, service of any summons or other process under this section shall
be by personal service.
(b)(i) If the defendant cannot be found after a due and
diligent search, the defendant’s violation of RCW 9A.56.030,
9A.56.040, 9A.56.070, or 9A.56.075 shall be deemed to constitute an appointment by the defendant of the secretary of
state of the state of Washington to be his or her true and lawful attorney upon whom may be served all lawful summons
and processes against him or her under this section. The
plaintiff shall perform the service allowed under this subsection (2)(b)(i) by leaving two copies of the summons or other
process with the secretary of state or at the secretary of state’s
office. Service in this manner constitutes sufficient and valid
personal service upon the defendant.
(ii) After performing service under (b)(i) of this subsection, the plaintiff shall promptly send notice of service under
(b)(i) of this subsection and a copy of the summons or process to the defendant by registered mail, with return receipt
requested, to the defendant’s last known address. After complying with this subsection (2)(b)(ii), the plaintiff shall file
the following with the secretary of state to be attached to the
summons or process filed under (b)(i) of this subsection:
(A) An affidavit from the plaintiff attesting to compliance with (b)(ii) of this subsection; and
(B) An affidavit from the plaintiff’s attorney that he or
she has, with due diligence, attempted to serve personal process upon the defendant at all addresses known to him or her
and listing the addresses at which he or she attempted to personally serve the defendant. However, if the defendant’s
endorsed return receipt is received, then the affidavit need
only show that the defendant received personal service by
mail.
(iii) The secretary of state shall send, by prepaid mail, a
copy of the summons or process received under (b)(i) of this
subsection to the defendant’s address, if known. The secretary of state shall keep a record that shows the day of service
9A.56.078
[Title 9A RCW—page 52]
of all summons and processes made under (b)(i) of this subsection.
(iv) The court in which an action is brought under this
section may order continuances as may be necessary to afford
the defendant a reasonable opportunity to defend the action.
(v) The secretary of state may charge a fee for his or her
services under (b) of this subsection. The fee shall be part of
the costs of suit that may be awarded to the plaintiff.
(3) The department of licensing shall suspend the
driver’s license or driving privilege of a defendant until any
monetary obligation imposed under subsection (1) of this
section is paid in full, unless the defendant has entered into a
payment plan under subsection (4) of this section.
(4) If the court determines that a person is not able to pay
a monetary obligation made under subsection (1) of this section in full, the court may enter into a payment plan with the
person. If the person fails to meet the obligations of the payment plan, the court may modify or revoke the plan and order
the defendant to pay the obligation in full. If the court
revokes the plan, it shall notify the department of licensing
and the department of licensing shall suspend the driver’s
license or driving privilege of the defendant until the monetary obligation is paid in full.
(5) The court shall notify the department of licensing
when the monetary obligation of a defendant whose license is
suspended under this section is paid in full. [2007 c 393 § 1.]
9A.56.080 Theft of livestock in the first degree. (1)
Every person who, with intent to sell or exchange and to
deprive or defraud the lawful owner thereof, willfully takes,
leads, or transports away, conceals, withholds, slaughters, or
otherwise appropriates any horse, mule, cow, heifer, bull,
steer, swine, goat, or sheep is guilty of theft of livestock in the
first degree.
(2) Theft of livestock in the first degree is a class B felony. [2005 c 419 § 1; 2003 c 53 § 74; 1986 c 257 § 32; 1977
ex.s. c 174 § 2; 1975 1st ex.s. c 260 § 9A.56.080.]
9A.56.080
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Action by owner of damaged or stolen livestock: RCW 4.24.320.
Additional notes found at www.leg.wa.gov
9A.56.083 Theft of livestock in the second degree. (1)
A person who commits what would otherwise be theft of livestock in the first degree but without intent to sell or exchange,
and for the person’s own use only, is guilty of theft of livestock in the second degree.
(2) Theft of livestock in the second degree is a class C
felony. [2003 c 53 § 75.]
9A.56.083
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9A.56.085 Minimum fine for theft of livestock. (1)
Whenever a person is convicted of a violation of RCW
9A.56.080 or 9A.56.083, the convicting court shall order the
person to pay the amount of two thousand dollars for each
animal killed or possessed.
(2) For the purpose of this section, the term "convicted"
includes a plea of guilty, a finding of guilt regardless of
9A.56.085
(2010 Ed.)
Theft and Robbery
9A.56.130
whether the imposition of the sentence is deferred or any part
of the penalty is suspended, or the levying of a fine.
(3) If two or more persons are convicted of any violation
of this section, the amount required under this section shall be
imposed upon them jointly and severally.
(4) The fine in this section shall be imposed in addition
to and regardless of any penalty, including fines or costs, that
is provided for any violation of this section. The amount
imposed by this section shall be included by the court in any
pronouncement of sentence and may not be suspended,
waived, modified, or deferred in any respect. Nothing in this
section may be construed to abridge or alter alternative rights
of action or remedies in equity or under common law or statutory law, criminal or civil.
(5) A defaulted payment or any installment payment may
be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs,
including vacation of a deferral of sentencing or of a suspension of sentence.
(6) The two thousand dollars additional penalty shall be
remitted by the county treasurer to the state treasurer as provided under RCW 10.82.070. [2003 c 53 § 76; 1989 c 131 §
1.]
(b) Theft of rental, leased, lease-purchased, or loaned
property is a class C felony if the rental, leased, lease-purchased, or loaned property is valued at seven hundred fifty
dollars or more but less than five thousand dollars.
(c) Theft of rental, leased, lease-purchased, or loaned
property is a gross misdemeanor if the rental, leased, leasepurchased, or loaned property is valued at less than seven
hundred fifty dollars.
(6) This section applies to rental agreements that provide
that the renter may return the property any time within the
rental period and pay only for the time the renter actually
retained the property, in addition to any minimum rental fee,
to lease agreements, to lease-purchase agreements as defined
under RCW 63.19.010, and to vehicles loaned to prospective
purchasers borrowing a vehicle by written agreement from a
motor vehicle dealer licensed under chapter 46.70 RCW.
This section does not apply to rental or leasing of real property under the residential landlord-tenant act, chapter 59.18
RCW. [2009 c 431 § 11; 2007 c 199 § 17; 2003 c 53 § 77;
1997 c 346 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Property crime database, liability: RCW 4.24.340.
9A.56.096 Theft of rental, leased, lease-purchased, or
loaned property. (1) A person who, with intent to deprive
the owner or owner’s agent, wrongfully obtains, or exerts
unauthorized control over, or by color or aid of deception
gains control of personal property that is rented, leased, or
loaned by written agreement to the person, is guilty of theft of
rental, leased, lease-purchased, or loaned property.
(2) The finder of fact may presume intent to deprive if
the finder of fact finds either of the following:
(a) That the person who rented or leased the property
failed to return or make arrangements acceptable to the owner
of the property or the owner’s agent to return the property to
the owner or the owner’s agent within seventy-two hours
after receipt of proper notice following the due date of the
rental, lease, lease-purchase, or loan agreement; or
(b) That the renter, lessee, or borrower presented identification to the owner or the owner’s agent that was materially
false, fictitious, or not current with respect to name, address,
place of employment, or other appropriate items.
(3) As used in subsection (2) of this section, "proper
notice" consists of a written demand by the owner or the
owner’s agent made after the due date of the rental, lease,
lease-purchase, or loan period, mailed by certified or registered mail to the renter, lessee, or borrower at: (a) The
address the renter, lessee, or borrower gave when the contract
was made; or (b) the renter, lessee, or borrower’s last known
address if later furnished in writing by the renter, lessee, borrower, or the agent of the renter, lessee, or borrower.
(4) The replacement value of the property obtained must
be utilized in determining the amount involved in the theft of
rental, leased, lease-purchased, or loaned property.
(5)(a) Theft of rental, leased, lease-purchased, or loaned
property is a class B felony if the rental, leased, lease-purchased, or loaned property is valued at five thousand dollars
or more.
Applicability—2009 c 431: See note following RCW 9.94A.863.
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
9A.56.096
(2010 Ed.)
9A.56.100 Theft and larceny equated. All offenses
defined as larcenies outside of this title shall be treated as
thefts as provided in this title. [1975 1st ex.s. c 260 §
9A.56.100.]
9A.56.100
9A.56.110 Extortion—Definition. "Extortion" means
knowingly to obtain or attempt to obtain by threat property or
services of the owner, and specifically includes sexual favors.
[1999 c 143 § 37; 1983 1st ex.s. c 4 § 2; 1975-’76 2nd ex.s. c
38 § 10. Prior: 1975 1st ex.s. c 260 § 9A.56.110.]
9A.56.110
Additional notes found at www.leg.wa.gov
9A.56.120 Extortion in the first degree. (1) A person
is guilty of extortion in the first degree if he commits extortion by means of a threat as defined in *RCW 9A.04.110(25)
(a), (b), or (c).
(2) Extortion in the first degree is a class B felony. [1975
1st ex.s. c 260 § 9A.56.120.]
9A.56.120
*Reviser’s note: RCW 9A.04.110 was amended by 2005 c 458 § 3,
changing subsection (25) to subsection (26); and was subsequently amended
by 2007 c 79 § 3, changing subsection (26) to subsection (27).
9A.56.130 Extortion in the second degree. (1) A person is guilty of extortion in the second degree if he or she
commits extortion by means of a wrongful threat as defined
in *RCW 9A.04.110(25) (d) through (j).
(2) In any prosecution under this section based on a
threat to accuse any person of a crime or cause criminal
charges to be instituted against any person, it is a defense that
the actor reasonably believed the threatened criminal charge
to be true and that his or her sole purpose was to compel or
induce the person threatened to take reasonable action to
make good the wrong which was the subject of such threatened criminal charge.
9A.56.130
[Title 9A RCW—page 53]
9A.56.140
Title 9A RCW: Washington Criminal Code
(3) Extortion in the second degree is a class C felony.
[2002 c 47 § 2; 1975 1st ex.s. c 260 § 9A.56.130.]
*Reviser’s note: RCW 9A.04.110 was amended by 2005 c 458 § 3,
changing subsection (25) to subsection (26); and was subsequently amended
by 2007 c 79 § 3, changing subsection (26) to subsection (27).
Intent—2002 c 47: "The legislature intends to revise the crime of
extortion in the second degree in response to the holding in State v. Pauling,
108 Wn. App. 445 (2001), by adding a requirement that the threat required
for conviction of the offense be wrongful." [2002 c 47 § 1.]
9A.56.140 Possessing stolen property—Definition—
Presumption. (1) "Possessing stolen property" means
knowingly to receive, retain, possess, conceal, or dispose of
stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other
than the true owner or person entitled thereto.
(2) The fact that the person who stole the property has
not been convicted, apprehended, or identified is not a
defense to a charge of possessing stolen property.
(3) When a person has in his or her possession, or under
his or her control, stolen access devices issued in the names
of two or more persons, or ten or more stolen merchandise
pallets, or ten or more stolen beverage crates, or a combination of ten or more stolen merchandise pallets and beverage
crates, as defined under RCW 9A.56.010, he or she is presumed to know that they are stolen.
(4) The presumption in subsection (3) of this section is
rebuttable by evidence raising a reasonable inference that the
possession of such stolen access devices, merchandise pallets, or beverage crates was without knowledge that they
were stolen.
(5) In any prosecution for possessing stolen property, it
is a sufficient defense that the property was merchandise pallets that were received by a pallet recycler or repairer in the
ordinary course of its business. [2004 c 122 § 2; 1998 c 236
§ 3; 1987 c 140 § 3; 1975 1st ex.s. c 260 § 9A.56.140.]
9A.56.140
9A.56.150 Possessing stolen property in the first
degree—Other than firearm or motor vehicle. (1) A person is guilty of possessing stolen property in the first degree
if he or she possesses stolen property, other than a firearm as
defined in RCW 9.41.010 or a motor vehicle, which exceeds
five thousand dollars in value.
(2) Possessing stolen property in the first degree is a
class B felony. [2009 c 431 § 12; 2007 c 199 § 6; 1995 c 129
§ 14 (Initiative Measure No. 159); 1975 1st ex.s. c 260 §
9A.56.150.]
9A.56.150
Applicability—2009 c 431: See note following RCW 9.94A.863.
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Property crime database, liability: RCW 4.24.340.
9A.56.160 Possessing stolen property in the second
degree—Other than firearm or motor vehicle. (1) A person is guilty of possessing stolen property in the second
degree if:
(a) He or she possesses stolen property, other than a firearm as defined in RCW 9.41.010 or a motor vehicle, which
9A.56.160
[Title 9A RCW—page 54]
exceeds seven hundred fifty dollars in value but does not
exceed five thousand dollars in value; or
(b) He or she possesses a stolen public record, writing or
instrument kept, filed, or deposited according to law; or
(c) He or she possesses a stolen access device.
(2) Possessing stolen property in the second degree is a
class C felony. [2009 c 431 § 13; 2007 c 199 § 7; 1995 c 129
§ 15 (Initiative Measure No. 159); 1994 sp.s. c 7 § 434; 1987
c 140 § 4; 1975 1st ex.s. c 260 § 9A.56.160.]
Applicability—2009 c 431: See note following RCW 9.94A.863.
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Property crime database, liability: RCW 4.24.340.
Additional notes found at www.leg.wa.gov
9A.56.170 Possessing stolen property in the third
degree. (1) A person is guilty of possessing stolen property
in the third degree if he or she possesses (a) stolen property
which does not exceed seven hundred fifty dollars in value,
or (b) ten or more stolen merchandise pallets, or ten or more
stolen beverage crates, or a combination of ten or more stolen
merchandise pallets and beverage crates.
(2) Possessing stolen property in the third degree is a
gross misdemeanor. [2009 c 431 § 14; 1998 c 236 § 2; 1975
1st ex.s. c 260 § 9A.56.170.]
9A.56.170
Applicability—2009 c 431: See note following RCW 9.94A.863.
Property crime database, liability: RCW 4.24.340.
9A.56.180 Obscuring the identity of a machine. (1) A
person is guilty of obscuring the identity of a machine if he
knowingly:
(a) Obscures the manufacturer’s serial number or any
other distinguishing identification number or mark upon any
vehicle, machine, engine, apparatus, appliance, or other
device with intent to render it unidentifiable; or
(b) Possesses a vehicle, machine, engine, apparatus,
appliance, or other device held for sale knowing that the
serial number or other identification number or mark has
been obscured.
(2) "Obscure" means to remove, deface, cover, alter,
destroy, or otherwise render unidentifiable.
(3) Obscuring the identity of a machine is a gross misdemeanor. [1975-’76 2nd ex.s. c 38 § 11; 1975 1st ex.s. c 260
§ 9A.56.180.]
9A.56.180
Additional notes found at www.leg.wa.gov
9A.56.190 Robbery—Definition. A person commits
robbery when he unlawfully takes personal property from the
person of another or in his presence against his will by the use
or threatened use of immediate force, violence, or fear of
injury to that person or his property or the person or property
of anyone. Such force or fear must be used to obtain or retain
possession of the property, or to prevent or overcome resistance to the taking; in either of which cases the degree of
force is immaterial. Such taking constitutes robbery whenever it appears that, although the taking was fully completed
9A.56.190
(2010 Ed.)
Theft and Robbery
without the knowledge of the person from whom taken, such
knowledge was prevented by the use of force or fear. [1975
1st ex.s. c 260 § 9A.56.190.]
9A.56.200 Robbery in the first degree. (1) A person is
guilty of robbery in the first degree if:
(a) In the commission of a robbery or of immediate flight
therefrom, he or she:
(i) Is armed with a deadly weapon; or
(ii) Displays what appears to be a firearm or other deadly
weapon; or
(iii) Inflicts bodily injury; or
(b) He or she commits a robbery within and against a
financial institution as defined in RCW 7.88.010 or
35.38.060.
(2) Robbery in the first degree is a class A felony. [2002
c 85 § 1; 1975 1st ex.s. c 260 § 9A.56.200.]
9A.56.200
9A.56.210 Robbery in the second degree. (1) A person is guilty of robbery in the second degree if he commits
robbery.
(2) Robbery in the second degree is a class B felony.
[1975 1st ex.s. c 260 § 9A.56.210.]
9A.56.210
9A.56.220 Theft of subscription television services.
(1) A person is guilty of theft of subscription television services if, with intent to avoid payment of the lawful charge of
a subscription television service, he or she:
(a) Obtains or attempts to obtain subscription television
service from a subscription television service company by
trick, artifice, deception, use of a device or decoder, or other
fraudulent means without authority from the company providing the service;
(b) Assists or instructs a person in obtaining or attempting to obtain subscription television service without authority
of the company providing the service;
(c) Makes or maintains a connection or connections,
whether physical, electrical, mechanical, acoustical, or by
other means, with cables, wires, components, or other
devices used for the distribution of subscription television
services without authority from the company providing the
services;
(d) Makes or maintains a modification or alteration to a
device installed with the authorization of a subscription television service company for the purpose of interception or
receiving a program or other service carried by the company
that the person is not authorized by the company to receive;
or
(e) Possesses without authority a device designed in
whole or in part to receive subscription television services
offered for sale by the subscription television service company, regardless of whether the program or services are
encoded, filtered, scrambled, or otherwise made unintelligible, or to perform or facilitate the performance of any other
acts set out in (a) through (d) of this subsection for the reception of subscription television services without authority.
(2) Theft of subscription television services is a gross
misdemeanor. [1995 c 92 § 2; 1989 c 11 § 1; 1985 c 430 § 1.]
9A.56.220
Additional notes found at www.leg.wa.gov
(2010 Ed.)
9A.56.260
9A.56.230 Unlawful sale of subscription television
services. (1) A person is guilty of unlawful sale of subscription television services if, with intent to avoid payment or to
facilitate the avoidance of payment of the lawful charge for
any subscription television service, he or she, without authorization from the subscription television service company:
(a) Publishes or advertises for sale a plan for a device
that is designed in whole or in part to receive subscription
television or services offered for sale by the subscription television service company, regardless of whether the programming or services are encoded, filtered, scrambled, or otherwise made unintelligible;
(b) Advertises for sale or lease a device or kit for a
device designed in whole or in part to receive subscription
television services offered for sale by the subscription television service company, regardless of whether the programming or services are encoded, filtered, scrambled, or otherwise made unintelligible; or
(c) Manufactures, imports into the state of Washington,
distributes, sells, leases, or offers for sale or lease a device,
plan, or kit for a device designed in whole or in part to receive
subscription television services offered for sale by the subscription television service company, regardless of whether
the programming or services are encoded, filtered, scrambled, or otherwise made unintelligible.
(2) Unlawful sale of subscription television services is a
class C felony. [1995 c 92 § 3; 1985 c 430 § 2.]
9A.56.230
Additional notes found at www.leg.wa.gov
9A.56.240 Forfeiture and disposal of device used to
commit violation. Upon conviction of theft or unlawful sale
of cable television services and upon motion and hearing, the
court shall order the forfeiture of any decoder, descrambler,
or other device used in committing the violation of RCW
9A.56.220 or 9A.56.230 as contraband and dispose of it at the
court’s discretion. [1985 c 430 § 3.]
9A.56.240
Additional notes found at www.leg.wa.gov
9A.56.250 Civil cause of action. (1) In addition to the
criminal penalties provided in RCW 9A.56.220 and
9A.56.230, there is created a civil cause of action for theft of
subscription television services and for unlawful sale of subscription television services.
(2) A person who sustains injury to his or her person,
business, or property by an act described in RCW 9A.56.220
or 9A.56.230 may file an action in superior court for recovery
of damages and the costs of the suit, including reasonable
investigative and attorneys’ fees and costs.
(3) Upon finding a violation of RCW 9A.56.220 or
9A.56.230, in addition to the remedies described in this section, the court may impose a civil penalty not exceeding
twenty-five thousand dollars.
(4) The superior court may grant temporary and final
injunctions on such terms as it deems reasonable to prevent or
restrain violations of RCW 9A.56.220 and 9A.56.230. [1995
c 92 § 4; 1985 c 430 § 4.]
9A.56.250
Additional notes found at www.leg.wa.gov
9A.56.260 Connection of channel converter. No person may be charged with theft under RCW 9A.56.220 or sub9A.56.260
[Title 9A RCW—page 55]
9A.56.262
Title 9A RCW: Washington Criminal Code
ject to a civil cause of action under RCW 9A.56.250 for connecting a nondecoding or nondescrambling channel frequency converter, which includes cable-ready television sets,
video recorders, or similar equipment, to a cable system.
[1985 c 430 § 5.]
Additional notes found at www.leg.wa.gov
9A.56.262 Theft of telecommunication services. (1)
A person is guilty of theft of telecommunication services if he
or she knowingly and with intent to avoid payment:
(a) Uses a telecommunication device to obtain telecommunication services without having entered into a prior
agreement with a telecommunication service provider to pay
for the telecommunication services; or
(b) Possesses a telecommunication device.
(2) Theft of telecommunication services is a class C felony. [1995 c 92 § 6.]
9A.56.262
Telecommunications crime: Chapter 9.26A RCW.
9A.56.264 Unlawful manufacture of telecommunication device. (1) A person is guilty of unlawful manufacture
of a telecommunication device if he or she knowingly and
with intent to avoid payment or to facilitate avoidance of payment:
(a) Manufactures, produces, or assembles a telecommunication device;
(b) Modifies, alters, programs, or reprograms a telecommunication device to be capable of acquiring or of facilitating
the acquisition of telecommunication service without the
consent of the telecommunication service provider; or
(c) Writes, creates, or modifies a computer program that
he or she knows is thereby capable of being used to manufacture a telecommunication device.
(2) Unlawful manufacture of a telecommunication
device is a class C felony. [1995 c 92 § 7.]
9A.56.264
Telecommunications crime: Chapter 9.26A RCW.
9A.56.266 Unlawful sale of telecommunication
device. (1) A person is guilty of unlawful sale of a telecommunication device if he or she sells, leases, exchanges, or
offers to sell, lease, or exchange:
(a) A telecommunication device, knowing that the purchaser, lessee, or recipient, or a third person, intends to use
the device to avoid payment or to facilitate avoidance of payment for telecommunication services; or
(b) Any material, including data, computer software, or
other information and equipment, knowing that the purchaser, lessee, or recipient, or a third person, intends to use
the material to avoid payment or to facilitate avoidance of
payment for telecommunication services.
(2) Unlawful sale of a telecommunication device is a
class C felony. [1995 c 92 § 8.]
9A.56.266
Telecommunications crime: Chapter 9.26A RCW.
9A.56.268 Civil cause of action. (1) In addition to the
criminal penalties provided in RCW 9A.56.262 through
9A.56.266, there is created a civil cause of action for theft of
telecommunication services, for unlawful manufacture of a
telecommunication device, and for unlawful sale of a telecommunication device.
9A.56.268
[Title 9A RCW—page 56]
(2) A person who sustains injury to his or her person,
business, or property by an act described in RCW 9A.56.262,
9A.56.264, or 9A.56.266 may file an action in superior court
for recovery of damages and the costs of the suit, including
reasonable investigative and attorneys’ fees and costs.
(3) Upon finding a violation of 9A.56.262, 9A.56.264, or
9A.56.266, in addition to the remedies described in this section, the court may impose a civil penalty not exceeding
twenty-five thousand dollars.
(4) The superior court may grant temporary and final
injunctions on such terms as it deems reasonable to prevent or
restrain violations of RCW 9A.56.262 through 9A.56.266.
[1995 c 92 § 9.]
Telecommunications crime: Chapter 9.26A RCW.
9A.56.270 Shopping cart theft. (1) It is unlawful to do
any of the following acts, if a shopping cart has a permanently affixed sign as provided in subsection (2) of this section:
(a) To remove a shopping cart from the parking area of a
retail establishment with the intent to deprive the owner of
the shopping cart the use of the cart; or
(b) To be in possession of any shopping cart that has
been removed from the parking area of a retail establishment
with the intent to deprive the owner of the shopping cart the
use of the cart.
(2) This section shall apply only when a shopping cart:
(a) Has a sign permanently affixed to it that identifies the
owner of the cart or the retailer, or both; (b) notifies the public of the procedure to be utilized for authorized removal of
the cart from the premises; (c) notifies the public that the
unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is unlawful; and (d) lists a telephone number or address for returning carts removed from the premises
or parking area to the owner or retailer.
(3) Any person who violates any provision of this section
is guilty of a misdemeanor. [1985 c 382 § 2.]
9A.56.270
Additional notes found at www.leg.wa.gov
9A.56.280 Credit, debit cards, checks, etc.—Definitions. As used in RCW 9A.56.280, 9A.56.290, 9A.60.020,
9A.56.320, and 9A.56.330, unless the context requires otherwise:
(1) "Cardholder" means a person to whom a credit card
or payment card is issued or a person who otherwise is authorized to use a credit card or payment card.
(2) "Check" means a negotiable instrument that meets
the definition of "check" under RCW 62A.3-104 or a blank
form instrument that would meet the definition of "check"
under RCW 62A.3-104 if it were completed and signed.
(3) "Credit card" means a card, plate, booklet, credit card
number, credit card account number, or other identifying
symbol, instrument, or device that can be used to pay for, or
to obtain on credit, goods or services.
(4) "Credit card or payment card transaction" means a
sale or other transaction in which a credit card or payment
card is used to pay for, or to obtain on credit, goods or services.
9A.56.280
(2010 Ed.)
Theft and Robbery
(5) "Credit card or payment card transaction record"
means a record or evidence of a credit card or payment card
transaction, including, without limitation, a paper, sales draft,
instrument, or other writing and an electronic or magnetic
transmission or record.
(6) "Debit card" means a card used to obtain goods or
services by a transaction that debits the cardholder’s account,
rather than extending credit.
(7) "Financial information" means financial information
as defined in RCW 9.35.005.
(8) "Financial institution" means a bank, trust company,
mutual savings bank, savings and loan association, or credit
union authorized under state or federal law to do business and
accept deposits in Washington.
(9) "Means of identification" means means of identification as defined in RCW 9.35.005.
(10) "Merchant" means an owner or operator of any
retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent
contractor of such owner or operator. "Merchant" also means
a person who receives from an authorized user, a payment
card or information from a payment card, or what the person
believes to be a payment card or information from a payment
card, as the instrument for obtaining, purchasing, or receiving
goods, services, money, or anything else of value from the
person.
(11) "Payment card" means a credit card, charge card,
debit card, stored value card, or any card that is issued to an
authorized card user and that allows the user to obtain goods,
services, money, or anything else of value from a merchant.
(12) "Person" means an individual, partnership, corporation, trust, or unincorporated association, but does not include
a financial institution or its authorized employees, representatives, or agents.
(13) "Personal identification" means any driver’s
license, passport, or identification card actually or purportedly issued by any federal, state, local or foreign governmental entity; any credit card or debit card; or any employee identification card actually or purportedly issued by any
employer, public or private, including but not limited to a
badge or identification or access card.
(14) "Reencoder" means an electronic device that places
encoded information from a payment card onto a different
payment card.
(15) "Scanning device" means a scanner, reader, or any
other electronic device that is used to access, read, scan,
obtain, memorize, or store, temporarily or permanently,
information encoded on a payment card. [2003 c 119 § 3;
2003 c 52 § 1; 1993 c 484 § 1.]
Reviser’s note: This section was amended by 2003 c 52 § 1 and by
2003 c 119 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
9A.56.290 Credit, payment cards—Unlawful factoring of transactions. (1) A person commits the crime of
unlawful factoring of a credit card or payment card transaction if the person:
(a) Uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information
encoded on a payment card without the permission of the
9A.56.290
(2010 Ed.)
9A.56.300
authorized user of the payment card or with the intent to
defraud the authorized user, another person, or a financial
institution;
(b) Uses a reencoder to place information encoded on a
payment card onto a different card without the permission of
the authorized issuer of the card from which the information
is being reencoded or with the intent to defraud the authorized user, another person, or a financial institution;
(c) Presents to or deposits with, or causes another to
present to or deposit with, a financial institution for payment
a credit card or payment card transaction record that is not the
result of a credit card or payment card transaction between
the cardholder and the person;
(d) Employs, solicits, or otherwise causes a merchant or
an employee, representative, or agent of a merchant to
present to or deposit with a financial institution for payment
a credit card or payment card transaction record that is not the
result of a credit card or payment card transaction between
the cardholder and the merchant; or
(e) Employs, solicits, or otherwise causes another to
become a merchant for purposes of engaging in conduct
made unlawful by this section.
(2) Normal transactions conducted by or through airline
reporting corporation-appointed travel agents or cruise-only
travel agents recognized by passenger cruise lines are not
considered factoring for the purposes of this section.
(3) In a proceeding under this section that is related to an
identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person
whose means of identification or financial information was
appropriated resides, or in which any part of the offense took
place, regardless of whether the defendant was ever actually
in that locality.
(4)(a) Unlawful factoring of a credit card or payment
card transaction is a class C felony.
(b) A second or subsequent violation of subsection (1) of
this section is a class B felony. [2003 c 119 § 4; 2003 c 52 §
2; 1993 c 484 § 2.]
Reviser’s note: This section was amended by 2003 c 52 § 2 and by
2003 c 119 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
9A.56.300 Theft of a firearm. (1) A person is guilty of
theft of a firearm if he or she commits a theft of any firearm.
(2) This section applies regardless of the value of the
firearm taken in the theft.
(3) Each firearm taken in the theft under this section is a
separate offense.
(4) The definition of "theft" and the defense allowed
against the prosecution for theft under RCW 9A.56.020 shall
apply to the crime of theft of a firearm.
(5) As used in this section, "firearm" means any firearm
as defined in RCW 9.41.010.
(6) Theft of a firearm is a class B felony. [1995 c 129 §
10 (Initiative Measure No. 159); 1994 sp.s. c 7 § 432.]
9A.56.300
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
[Title 9A RCW—page 57]
9A.56.310
Title 9A RCW: Washington Criminal Code
9A.56.310 Possessing a stolen firearm. (1) A person is
guilty of possessing a stolen firearm if he or she possesses,
carries, delivers, sells, or is in control of a stolen firearm.
(2) This section applies regardless of the stolen firearm’s
value.
(3) Each stolen firearm possessed under this section is a
separate offense.
(4) The definition of "possessing stolen property" and
the defense allowed against the prosecution for possessing
stolen property under RCW 9A.56.140 shall apply to the
crime of possessing a stolen firearm.
(5) As used in this section, "firearm" means any firearm
as defined in RCW 9.41.010.
(6) Possessing a stolen firearm is a class B felony. [1995
c 129 § 13 (Initiative Measure No. 159).]
9A.56.310
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
9A.56.320 Financial fraud—Unlawful possession,
production of instruments of. (1) A person is guilty of
unlawful production of payment instruments if he or she
prints or produces a check or other payment instrument in the
name of a person or entity, or with the routing number or
account number of a person or entity, without the permission
of the person or entity to manufacture or reproduce such payment instrument with such name, routing number, or account
number.
(2)(a) A person is guilty of unlawful possession of payment instruments if he or she possesses two or more checks
or other payment instruments, alone or in combination:
(i) In the name of a person or entity, or with the routing
number or account number of a person or entity, without the
permission of the person or entity to possess such payment
instrument, and with intent either to deprive the person of
possession of such payment instrument or to commit theft,
forgery, or identity theft; or
(ii) In the name of a fictitious person or entity, or with a
fictitious routing number or account number of a person or
entity, with intent to use the payment instruments to commit
theft, forgery, or identity theft.
(b) (a)(i) of this subsection does not apply to:
(i) A person or financial institution that has lawful possession of a check, which is endorsed to that person or financial institution; and
(ii) A person or financial institution that processes
checks for a lawful business purpose.
(3) A person is guilty of unlawful possession of a personal identification device if the person possesses a personal
identification device with intent to use such device to commit
theft, forgery, or identity theft. "Personal identification
device" includes any machine or instrument whose purpose is
to manufacture or print any driver’s license or identification
card issued by any state or the federal government, or any
employee identification issued by any employer, public or
private, including but not limited to badges and identification
cards, or any credit or debit card.
(4) A person is guilty of unlawful possession of fictitious
identification if the person possesses a personal identification
card with a fictitious person’s identification with intent to use
such identification card to commit theft, forgery, or identity
9A.56.320
[Title 9A RCW—page 58]
theft, when the possession does not amount to a violation of
RCW 9.35.020.
(5) A person is guilty of unlawful possession of instruments of financial fraud if the person possesses a check-making machine, equipment, or software, with intent to use or
distribute checks for purposes of defrauding an account
holder, business, financial institution, or any other person or
organization.
(6) This section does not apply to:
(a) A person, business, or other entity, that has lawful
possession of a check, which is endorsed to that person, business, or other entity;
(b) A financial institution or other entity that processes
checks for a lawful business purpose;
(c) A person engaged in a lawful business who obtains
another person’s personal identification in the ordinary
course of that lawful business;
(d) A person who obtains another person’s personal
identification for the sole purpose of misrepresenting his or
her age; and
(e) A law enforcement agency that produces or displays
counterfeit credit or debit cards, checks or other payment
instruments, or personal identification devices for investigative or educational purposes.
(7) In a proceeding under this section that is related to an
identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person
whose means of identification or financial information was
appropriated resides, or in which any part of the offense took
place, regardless of whether the defendant was ever actually
in that locality.
(8) A violation of this section is a class C felony. [2003
c 119 § 1.]
9A.56.330 Possession of another’s identification. (1)
A person is guilty of possession of another’s identification if
the person knowingly possesses personal identification bearing another person’s identity, when the person possessing the
personal identification does not have the other person’s permission to possess it, and when the possession does not
amount to a violation of RCW 9.35.020.
(2) This section does not apply to:
(a) A person who obtains, by means other than theft,
another person’s personal identification for the sole purpose
of misrepresenting his or her age;
(b) A person engaged in a lawful business who obtains
another person’s personal identification in the ordinary
course of business;
(c) A person who finds another person’s lost personal
identification, does not intend to deprive the other person of
the personal identification or to use it to commit a crime, and
takes reasonably prompt steps to return it to its owner; and
(d) A law enforcement agency that produces or displays
counterfeit credit or debit cards, checks or other payment
instruments, or personal identification for investigative or
educational purposes.
(3) In a proceeding under this section that is related to an
identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person
whose means of identification or financial information was
appropriated resides, or in which any part of the offense took
9A.56.330
(2010 Ed.)
Identification Documents
place, regardless of whether the defendant was ever actually
in that locality.
(4) A violation of this section is a gross misdemeanor.
[2003 c 119 § 2.]
9A.56.340 Theft with the intent to resell. (1) A person
is guilty of theft with the intent to resell if he or she commits
theft of property with a value of at least two hundred fifty dollars from a mercantile establishment with the intent to resell
the property for monetary or other gain.
(2) The person is guilty of theft with the intent to resell in
the first degree if the property has a value of one thousand
five hundred dollars or more. Theft with the intent to resell in
the first degree is a class B felony.
(3) The person is guilty of theft with the intent to resell in
the second degree if the property has a value of at least two
hundred fifty dollars, but less than one thousand five hundred
dollars. Theft with the intent to resell in the second degree is
a class C felony.
(4) For purposes of this section, a series of thefts committed by the same person from one or more mercantile
establishments over a period of one hundred eighty days may
be aggregated in one count and the sum of the value of all the
property shall be the value considered in determining the
degree of the theft with the intent to resell involved. Thefts
committed by the same person in different counties that have
been aggregated in one county may be prosecuted in any
county in which one of the thefts occurred. [2006 c 277 § 1.]
9A.56.340
9A.56.350 Organized retail theft. (1) A person is
guilty of organized retail theft if he or she:
(a) Commits theft of property with a value of at least
seven hundred fifty dollars from a mercantile establishment
with an accomplice;
(b) Possesses stolen property, as defined in RCW
9A.56.140, with a value of at least seven hundred fifty dollars
from a mercantile establishment with an accomplice; or
(c) Commits theft of property with a cumulative value of
at least seven hundred fifty dollars from one or more mercantile establishments within a period of up to one hundred
eighty days.
(2) A person is guilty of organized retail theft in the first
degree if the property stolen or possessed has a value of five
thousand dollars or more. Organized retail theft in the first
degree is a class B felony.
(3) A person is guilty of organized retail theft in the second degree if the property stolen or possessed has a value of
at least seven hundred fifty dollars, but less than five thousand dollars. Organized retail theft in the second degree is a
class C felony.
(4) For purposes of this section, a series of thefts committed by the same person from one or more mercantile
establishments over a period of one hundred eighty days may
be aggregated in one count and the sum of the value of all the
property shall be the value considered in determining the
degree of the organized retail theft involved. Thefts committed by the same person in different counties that have been
aggregated in one county may be prosecuted in any county in
which any one of the thefts occurred.
9A.56.350
(2010 Ed.)
9A.58.005
(5) The mercantile establishment or establishments
whose property is alleged to have been stolen may request
that the charge be aggregated with other thefts of property
about which the mercantile establishment or establishments
is aware. In the event a request to aggregate the prosecution
is declined, the mercantile establishment or establishments
shall be promptly advised by the prosecuting jurisdiction
making the decision to decline aggregating the prosecution of
the decision and the reasons for such decision. [2009 c 431 §
15; 2006 c 277 § 2.]
Applicability—2009 c 431: See note following RCW 9.94A.863.
Property crime database, liability: RCW 4.24.340.
9A.56.360 Retail theft with extenuating circumstances. (1) A person commits retail theft with extenuating
circumstances if he or she commits theft of property from a
mercantile establishment with one of the following extenuating circumstances:
(a) To facilitate the theft, the person leaves the mercantile establishment through a designated emergency exit;
(b) The person was, at the time of the theft, in possession
of an item, article, implement, or device designed to overcome security systems including, but not limited to, lined
bags or tag removers; or
(c) The person committed theft at three or more separate
and distinct mercantile establishments within a one hundred
eighty-day period.
(2) A person is guilty of retail theft with extenuating circumstances in the first degree if the theft involved constitutes
theft in the first degree. Retail theft with extenuating circumstances in the first degree is a class B felony.
(3) A person is guilty of retail theft with extenuating circumstances in the second degree if the theft involved constitutes theft in the second degree. Retail theft with extenuating
circumstances in the second degree is a class C felony.
(4) A person is guilty of retail theft with extenuating circumstances in the third degree if the theft involved constitutes theft in the third degree. Retail theft with extenuating
circumstances in the third degree is a class C felony. [2006 c
277 § 3.]
9A.56.360
Chapter 9A.58
Chapter 9A.58 RCW
IDENTIFICATION DOCUMENTS
Sections
9A.58.005
9A.58.010
9A.58.020
9A.58.030
Findings.
Definitions.
Possessing, or reading or capturing, information contained on
another person’s identification document—Exceptions.
Violation—Consumer protection act.
9A.58.005 Findings. The legislature finds that:
(1) Washington state recognizes the importance of protecting
its citizens from unwanted wireless surveillance.
(2) Enhanced drivers’ licenses and enhanced identicards
are intended to facilitate efficient travel at land and sea borders between the United States, Canada, and Mexico, not to
facilitate the profiling and tracking of individuals.
(3) Easy access to the information found on enhanced
drivers’ licenses and enhanced identicards could facilitate the
9A.58.005
[Title 9A RCW—page 59]
9A.58.010
Title 9A RCW: Washington Criminal Code
commission of other unwanted offenses, such as identity
theft. [2008 c 200 § 1.]
9A.58.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Enhanced driver’s license" means a driver’s license
that is issued under RCW 46.20.202.
(2) "Enhanced identicard" means an identicard that is
issued under RCW 46.20.202.
(3) "Identification document" means an enhanced
driver’s license or an enhanced identicard.
(4) "Radio frequency identification" means a technology
that uses radio waves to transmit data remotely to readers.
(5) "Reader" means a scanning device that is capable of
using radio waves to communicate with an identification document and read the data transmitted by the identification document.
(6) "Remotely" means that no physical contact between
the identification document and a reader is necessary in order
to transmit data using radio waves.
(7) "Unique personal identifier number" means a randomly assigned string of numbers or symbols issued by the
department of licensing that is encoded on an identification
document and is intended to be read remotely by a reader to
identify the identification document that has been issued to a
particular individual. [2008 c 200 § 2.]
commerce and an unfair method of competition for the purpose of applying chapter 19.86 RCW. [2008 c 200 § 4.]
9A.58.010
Chapter 9A.60
Chapter 9A.60 RCW
FRAUD
Sections
9A.60.010
9A.60.020
9A.60.030
9A.60.040
9A.60.045
9A.60.050
9A.60.060
9A.60.070
Definitions.
Forgery.
Obtaining a signature by deception or duress.
Criminal impersonation in the first degree.
Criminal impersonation in the second degree.
False certification.
Fraudulent creation or revocation of a mental health advance
directive.
False academic credentials—Unlawful issuance or use—Definitions—Penalties.
Ballots, forgery: RCW 29A.84.410.
Cigarette tax stamps, forgery: RCW 82.24.100.
False representations: Chapter 9.38 RCW.
Food, drugs, and cosmetics act: Chapter 69.04 RCW.
Forest products, forgery of brands or marks: RCW 76.36.110, 76.36.120.
Forged instruments, tools for making, search and seizure: RCW 10.79.015.
Forgery: RCW 9A.60.020.
Frauds and swindles: Chapter 9.45 RCW.
Honey act: RCW 69.28.180.
Land registration forgery: RCW 65.12.760.
Misdescription of instrument forged immaterial: RCW 10.37.080.
Mutual savings bank, falsification: RCW 32.04.100.
9A.58.020 Possessing, or reading or capturing, information contained on another person’s identification document—Exceptions. (1) Except as provided in subsection
(2) of this section, a person is guilty of a class C felony if the
person intentionally possesses, or reads or captures remotely
using radio waves, information contained on another person’s identification document, including the unique personal
identifier number encoded on the identification document,
without that person’s express knowledge or consent.
(2) This section does not apply to:
(a) A person or entity that reads an identification document to facilitate border crossing;
(b) A person or entity that reads a person’s identification
document in the course of an act of good faith security
research, experimentation, or scientific inquiry including, but
not limited to, activities useful in identifying and analyzing
security flaws and vulnerabilities; or
(c) A person or entity that unintentionally reads an identification document remotely in the course of operating its
own radio frequency identification system, provided that the
inadvertently received information:
(i) Is not disclosed to any other party;
(ii) Is not used for any purpose; and
(iii) Is not stored or is promptly destroyed. [2008 c 200
§ 3.]
9A.58.020
9A.58.030 Violation—Consumer protection act. The
legislature finds that the practices covered by this chapter are
matters vitally affecting the public interest for the purpose of
applying chapter 19.86 RCW. A violation of this chapter is
not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or
9A.58.030
[Title 9A RCW—page 60]
Obtaining employment by forged recommendation: RCW 49.44.040.
Offering forged instrument for filing: RCW 40.16.030.
Optometry certificates falsification: RCW 18.53.140, 18.53.150.
Osteopathy license falsification: RCW 18.57.160.
Public bonds, forgery: Chapter 39.44 RCW.
Public works, falsification of records, etc.: RCW 39.04.110, 39.12.050.
9A.60.010 Definitions. The following definitions and
the definitions of RCW 9A.56.010 are applicable in this
chapter unless the context otherwise requires:
(1) "Written instrument" means: (a) Any paper, document, or other instrument containing written or printed matter
or its equivalent; or (b) any access device, token, stamp, seal,
badge, trademark, or other evidence or symbol of value,
right, privilege, or identification;
(2) "Complete written instrument" means one which is
fully drawn with respect to every essential feature thereof;
(3) "Incomplete written instrument" means one which
contains some matter by way of content or authentication but
which requires additional matter in order to render it a complete written instrument;
(4) To "falsely make" a written instrument means to
make or draw a complete or incomplete written instrument
which purports to be authentic, but which is not authentic
either because the ostensible maker is fictitious or because, if
real, he did not authorize the making or drawing thereof;
(5) To "falsely complete" a written instrument means to
transform an incomplete written instrument into a complete
one by adding or inserting matter, without the authority of
anyone entitled to grant it;
(6) To "falsely alter" a written instrument means to
change, without authorization by anyone entitled to grant it, a
9A.60.010
(2010 Ed.)
Fraud
written instrument, whether complete or incomplete, by
means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner;
(7) "Forged instrument" means a written instrument
which has been falsely made, completed, or altered. [1999 c
143 § 38; 1987 c 140 § 5; 1975-’76 2nd ex.s. c 38 § 12; 1975
1st ex.s. c 260 § 9A.60.010.]
Additional notes found at www.leg.wa.gov
9A.60.020 Forgery. (1) A person is guilty of forgery if,
with intent to injure or defraud:
(a) He falsely makes, completes, or alters a written
instrument or;
(b) He possesses, utters, offers, disposes of, or puts off as
true a written instrument which he knows to be forged.
(2) In a proceeding under this section that is related to an
identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person
whose means of identification or financial information was
appropriated resides, or in which any part of the offense took
place, regardless of whether the defendant was ever actually
in that locality.
(3) Forgery is a class C felony. [2003 c 119 § 5; 1975’76 2nd ex.s. c 38 § 13; 1975 1st ex.s. c 260 § 9A.60.020.]
9A.60.020
Additional notes found at www.leg.wa.gov
9A.60.030 Obtaining a signature by deception or
duress. (1) A person is guilty of obtaining a signature by
deception or duress if by deception or duress and with intent
to defraud or deprive he causes another person to sign or execute a written instrument.
(2) Obtaining a signature by deception or duress is a
class C felony. [1975-’76 2nd ex.s. c 38 § 14; 1975 1st ex.s.
c 260 § 9A.60.030.]
9A.60.030
9A.60.070
(ii) Under circumstances not amounting to criminal
impersonation in the first degree, does an act with intent to
convey the impression that he or she is acting in an official
capacity and a reasonable person would believe the person is
a law enforcement officer; or
(b) Falsely assumes the identity of a veteran or active
duty member of the armed forces of the United States with
intent to defraud for the purpose of personal gain or to facilitate any unlawful activity.
(2) Criminal impersonation in the second degree is a
gross misdemeanor. [2004 c 124 § 1; 2004 c 11 § 2; 2003 c
53 § 79.]
Reviser’s note: This section was amended by 2004 c 11 § 2 and by
2004 c 124 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2004 c 124: "This act takes effect July 1, 2004." [2004
c 124 § 2.]
Effective date—2004 c 11: See note following RCW 9A.60.040.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9A.60.050 False certification. (1) A person is guilty of
false certification, if, being an officer authorized to take a
proof or acknowledgment of an instrument which by law may
be recorded, he knowingly certifies falsely that the execution
of such instrument was acknowledged by any party thereto or
that the execution thereof was proved.
(2) False certification is a gross misdemeanor. [1975’76 2nd ex.s. c 38 § 15; 1975 1st ex.s. c 260 § 9A.60.050.]
9A.60.050
Additional notes found at www.leg.wa.gov
9A.60.040 Criminal impersonation in the first
degree. (1) A person is guilty of criminal impersonation in
the first degree if the person:
(a) Assumes a false identity and does an act in his or her
assumed character with intent to defraud another or for any
other unlawful purpose; or
(b) Pretends to be a representative of some person or
organization or a public servant and does an act in his or her
pretended capacity with intent to defraud another or for any
other unlawful purpose.
(2) Criminal impersonation in the first degree is a class C
felony. [2004 c 11 § 1; 2003 c 53 § 78; 1993 c 457 § 1; 1975
1st ex.s. c 260 § 9A.60.040.]
9A.60.060 Fraudulent creation or revocation of a
mental health advance directive. (1) For purposes of this
section "mental health advance directive" means a written
document that is a "mental health advance directive" as
defined in RCW 71.32.020.
(2) A person is guilty of fraudulent creation or revocation of a mental health advance directive if he or she knowingly:
(a) Makes, completes, alters, or revokes the mental
health advance directive of another without the principal’s
consent;
(b) Utters, offers, or puts off as true a mental health
advance directive that he or she knows to be forged; or
(c) Obtains or prevents the signature of a principal or
witness to a mental health advance directive by deception or
duress.
(3) Fraudulent creation or revocation of a mental health
advance directive is a class C felony. [2003 c 283 § 31.]
Effective date—2004 c 11: "This act takes effect July 1, 2004." [2004
c 11 § 3.]
Severability—Part headings not law—2003 c 283: See RCW
71.32.900 and 71.32.901.
Additional notes found at www.leg.wa.gov
9A.60.040
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9A.60.045 Criminal impersonation in the second
degree. (1) A person is guilty of criminal impersonation in
the second degree if the person:
(a)(i) Claims to be a law enforcement officer or creates
an impression that he or she is a law enforcement officer; and
9A.60.045
(2010 Ed.)
9A.60.060
9A.60.070 False academic credentials—Unlawful
issuance or use—Definitions—Penalties. (1) A person is
guilty of issuing a false academic credential if the person
knowingly:
(a) Grants or awards a false academic credential or offers
to grant or award a false academic credential in violation of
this section;
9A.60.070
[Title 9A RCW—page 61]
Chapter 9A.61
Title 9A RCW: Washington Criminal Code
(b) Represents that a credit earned or granted by the person in violation of this section can be applied toward a credential offered by another person;
(c) Grants or offers to grant a credit for which a representation as described in (b) of this subsection is made; or
(d) Solicits another person to seek a credential or to earn
a credit the person knows is offered in violation of this section.
(2) A person is guilty of knowingly using a false academic credential if the person knowingly uses a false academic credential or falsely claims to have a credential issued
by an institution of higher education that is accredited by an
accrediting association recognized as such by rule of the
higher education coordinating board:
(a) In a written or oral advertisement or other promotion
of a business; or
(b) With the intent to:
(i) Obtain employment;
(ii) Obtain a license or certificate to practice a trade, profession, or occupation;
(iii) Obtain a promotion, compensation or other benefit,
or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;
(iv) Obtain admission to an educational program in this
state; or
(v) Gain a position in government with authority over
another person, regardless of whether the person receives
compensation for the position.
(3) The definitions in this subsection apply throughout
this section and RCW 28B.85.220.
(a) "False academic credential" means a document that
provides evidence or demonstrates completion of an academic or professional course of instruction beyond the secondary level that results in the attainment of an academic certificate, degree, or rank, and that is not issued by a person or
entity that: (i) Is an entity accredited by an agency recognized as such by rule of the higher education coordinating
board or has the international equivalents of such accreditation; or (ii) is an entity authorized as a degree-granting institution by the higher education coordinating board; or (iii) is
an entity exempt from the requirements of authorization as a
degree-granting institution by the higher education coordinating board; or (iv) is an entity that has been granted a
waiver by the higher education coordinating board from the
requirements of authorization by the board. Such documents
include, but are not limited to, academic certificates, degrees,
coursework, degree credits, transcripts, or certification of
completion of a degree.
(b) "Grant" means award, bestow, confer, convey, sell,
or give.
(c) "Offer," in addition to its usual meanings, means
advertise, publicize, or solicit.
(d) "Operate" includes but is not limited to the following:
(i) Offering courses in person, by correspondence, or by
electronic media at or to any Washington location for degree
credit;
(ii) Granting or offering to grant degrees in Washington;
(iii) Maintaining or advertising a Washington location,
mailing address, computer server, or telephone number, for
any purpose, other than for contact with the institution’s
[Title 9A RCW—page 62]
former students for any legitimate purpose related to the students having attended the institution.
(4) Issuing a false academic credential is a class C felony.
(5) Knowingly using a false academic credential is a
gross misdemeanor. [2006 c 234 § 2.]
Chapter 9A.61
Chapter 9A.61 RCW
DEFRAUDING A PUBLIC UTILITY
Sections
9A.61.010
9A.61.020
9A.61.030
9A.61.040
9A.61.050
9A.61.060
9A.61.070
Definitions.
Defrauding a public utility.
Defrauding a public utility in the first degree.
Defrauding a public utility in the second degree.
Defrauding a public utility in the third degree.
Restitution and costs.
Damages not precluded.
9A.61.010 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Customer" means the person in whose name a utility
service is provided.
(2) "Divert" means to change the intended course or path
of electricity, gas, or water without the authorization or consent of the utility.
(3) "Person" means an individual, partnership, firm,
association, or corporation or government agency.
(4) "Reconnection" means the commencement of utility
service to a customer or other person after service has been
lawfully disconnected by the utility.
(5) "Tamper" means to rearrange, injure, alter, interfere
with, or otherwise prevent from performing the normal or
customary function.
(6) "Utility" means an electrical company, gas company,
or water company as those terms are defined in RCW
80.04.010, and includes an electrical, gas, or water system
operated by a public agency.
(7) "Utility service" means the provision of electricity,
gas, water, or any other service or commodity furnished by
the utility for compensation. [1989 c 109 § 1.]
9A.61.010
9A.61.020 Defrauding a public utility. "Defrauding a
public utility" means to commit, authorize, solicit, aid, abet,
or attempt to:
(1) Divert, or cause to be diverted, utility services by any
means whatsoever;
(2) Make, or cause to be made, a connection or reconnection with property owned or used by the utility to provide
utility service without the authorization or consent of the utility;
(3) Prevent a utility meter or other device used in determining the charge for utility services from accurately performing its measuring function by tampering or by any other
means;
(4) Tamper with property owned or used by the utility to
provide utility services; or
(5) Use or receive the direct benefit of all or a portion of
the utility service with knowledge of, or reason to believe
that, the diversion, tampering, or unauthorized connection
existed at the time of the use or that the use or receipt was
9A.61.020
(2010 Ed.)
Family Offenses
without the authorization or consent of the utility. [1989 c
109 § 2.]
9A.61.030 Defrauding a public utility in the first
degree. (1) A person is guilty of defrauding a public utility
in the first degree if:
(a) The utility service diverted or used exceeds one thousand five hundred dollars in value; or
(b) Tampering has occurred in furtherance of other criminal activity.
(2) Defrauding a public utility in the first degree is a
class B felony. [1989 c 109 § 3.]
9A.61.030
9A.64.030
(b) A court had entered a judgment purporting to terminate or annul any prior disqualifying marriage and the actor
did not know that such judgment was invalid; or
(c) The actor reasonably believed that he was legally eligible to marry.
(3) The limitation imposed by RCW 9A.04.080 on commencing a prosecution for bigamy does not begin to run until
the death of the prior or subsequent spouse of the actor or
until a court enters a judgment terminating or annulling the
prior or subsequent marriage.
(4) Bigamy is a class C felony. [1986 c 257 § 14; 1975
1st ex.s. c 260 § 9A.64.010.]
Additional notes found at www.leg.wa.gov
9A.61.040 Defrauding a public utility in the second
degree. (1) A person is guilty of defrauding a public utility
in the second degree if the utility service diverted or used
exceeds five hundred dollars in value.
(2) Defrauding a public utility in the second degree is a
class C felony. [1989 c 109 § 4.]
9A.61.040
9A.61.050 Defrauding a public utility in the third
degree. (1) A person is guilty of defrauding a public utility
in the third degree if:
(a) The utility service diverted or used is five hundred
dollars or less in value; or
(b) A connection or reconnection has occurred without
authorization or consent of the utility.
(2) Defrauding a public utility in the third degree is a
gross misdemeanor. [1989 c 109 § 5.]
9A.61.050
9A.61.060 Restitution and costs. In any prosecution
under this section, the court may require restitution from the
defendant as provided by chapter 9A.20 RCW, plus court
costs plus the costs incurred by the utility on account of the
bypassing, tampering, or unauthorized reconnection, including but not limited to costs and expenses for investigation,
disconnection, reconnection, service calls, and expert witnesses. [1989 c 109 § 6.]
9A.61.060
9A.64.020 Incest. (1)(a) A person is guilty of incest in
the first degree if he or she engages in sexual intercourse with
a person whom he or she knows to be related to him or her,
either legitimately or illegitimately, as an ancestor, descendant, brother, or sister of either the whole or the half blood.
(b) Incest in the first degree is a class B felony.
(2)(a) A person is guilty of incest in the second degree if
he or she engages in sexual contact with a person whom he or
she knows to be related to him or her, either legitimately or
illegitimately, as an ancestor, descendant, brother, or sister of
either the whole or the half blood.
(b) Incest in the second degree is a class C felony.
(3) As used in this section:
(a) "Descendant" includes stepchildren and adopted children under eighteen years of age;
(b) "Sexual contact" has the same meaning as in RCW
9A.44.010; and
(c) "Sexual intercourse" has the same meaning as in
RCW 9A.44.010. [2003 c 53 § 80; 1999 c 143 § 39; 1985 c
53 § 1; 1982 c 129 § 3; 1975 1st ex.s. c 260 § 9A.64.020.]
9A.64.020
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
9A.64.030 Child selling—Child buying. (1) It is
unlawful for any person to sell or purchase a minor child.
(2) A transaction shall not be a purchase or sale under
subsection (1) of this section if any of the following exists:
(a) The transaction is between the parents of the minor
child; or
(b) The transaction is between a person receiving or to
receive the child and an agency recognized under RCW
26.33.020; or
(c) The transaction is between the person receiving or to
receive the child and a state agency or other governmental
agency; or
(d) The transaction is pursuant to chapter 26.34 RCW; or
(e) The transaction is pursuant to court order; or
(f) The only consideration paid by the person receiving
or to receive the child is intended to pay for the prenatal hospital or medical expenses involved in the birth of the child, or
attorneys’ fees and court costs involved in effectuating transfer of child custody.
(3)(a) Child selling is a class C felony.
(b) Child buying is a class C felony. [2003 c 53 § 81;
1985 c 7 § 3; 1980 c 85 § 3.]
9A.64.030
9A.61.070 Damages not precluded. Restitution
ordered or fines imposed under this chapter do not preclude a
utility from collecting damages under RCW 80.28.240 to
which it may be entitled. [1989 c 109 § 7.]
9A.61.070
Chapter 9A.64
Chapter 9A.64 RCW
FAMILY OFFENSES
Sections
9A.64.010
9A.64.020
9A.64.030
Bigamy.
Incest.
Child selling—Child buying.
9A.64.010 Bigamy. (1) A person is guilty of bigamy if
he intentionally marries or purports to marry another person
when either person has a living spouse.
(2) In any prosecution under this section, it is a defense
that at the time of the subsequent marriage or purported marriage:
(a) The actor reasonably believed that the prior spouse
was dead; or
9A.64.010
(2010 Ed.)
[Title 9A RCW—page 63]
Chapter 9A.68
Title 9A RCW: Washington Criminal Code
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
Chapter 9A.68
Chapter 9A.68 RCW
BRIBERY AND CORRUPT INFLUENCE
Sections
9A.68.010
9A.68.020
9A.68.030
9A.68.040
9A.68.050
9A.68.060
Bribery.
Requesting unlawful compensation.
Receiving or granting unlawful compensation.
Trading in public office.
Trading in special influence.
Commercial bribery.
Banks and trust companies, misconduct by employees: RCW 30.12.110.
Baseball, bribery and illegal practices: Chapter 67.04 RCW.
Bribery or corrupt solicitation: State Constitution Art. 2 § 30.
Bribery or corruption offender as witness: RCW 9.18.080.
Cities and towns, commission form, misconduct of officers and employees:
RCW 35.17.150.
County officers, misconduct: RCW 36.18.160, 36.18.170.
Elections, bribery or coercion: Chapter 29A.84 RCW.
Employees, corrupt influencing, grafting by: RCW 49.44.060.
Insurance, fraud and unfair practices: Chapter 48.30 RCW.
Labor representative bribery: RCW 49.44.020, 49.44.030.
Misconduct in signing a petition: RCW 9.44.080.
Public officers, misconduct: Chapter 42.20 RCW.
School officials, grafting: RCW 28A.635.050.
Wages, rebating by employers: RCW 49.52.050, 49.52.090.
9A.68.010 Bribery. (1) A person is guilty of bribery if:
(a) With the intent to secure a particular result in a particular matter involving the exercise of the public servant’s
vote, opinion, judgment, exercise of discretion, or other
action in his official capacity, he offers, confers, or agrees to
confer any pecuniary benefit upon such public servant; or
(b) Being a public servant, he requests, accepts, or agrees
to accept any pecuniary benefit pursuant to an agreement or
understanding that his vote, opinion, judgment, exercise of
discretion, or other action as a public servant will be used to
secure or attempt to secure a particular result in a particular
matter.
(2) It is no defense to a prosecution under this section
that the public servant sought to be influenced was not qualified to act in the desired way, whether because he had not yet
assumed office, lacked jurisdiction, or for any other reason.
(3) Bribery is a class B felony. [1975 1st ex.s. c 260 §
9A.68.010.]
9A.68.010
9A.68.020 Requesting unlawful compensation. (1) A
public servant is guilty of requesting unlawful compensation
if he requests a pecuniary benefit for the performance of an
official action knowing that he is required to perform that
action without compensation or at a level of compensation
lower than that requested.
(2) Requesting unlawful compensation is a class C felony. [1975 1st ex.s. c 260 § 9A.68.020.]
9A.68.020
9A.68.030 Receiving or granting unlawful compensation. (1) A person is guilty of receiving or granting unlawful
compensation if:
9A.68.030
[Title 9A RCW—page 64]
(a) Being a public servant, he requests, accepts, or agrees
to accept compensation for advice or other assistance in preparing a bill, contract, claim, or transaction regarding which
he knows he is likely to have an official discretion to exercise; or
(b) He knowingly offers, pays, or agrees to pay compensation to a public servant for advice or other assistance in preparing or promoting a bill, contract, claim, or other transaction regarding which the public servant is likely to have an
official discretion to exercise.
(2) Receiving or granting unlawful compensation is a
class C felony. [1975 1st ex.s. c 260 § 9A.68.030.]
9A.68.040 Trading in public office. (1) A person is
guilty of trading in public office if:
(a) He offers, confers, or agrees to confer any pecuniary
benefit upon a public servant pursuant to an agreement or
understanding that such actor will or may be appointed to a
public office; or
(b) Being a public servant, he requests, accepts, or agrees
to accept any pecuniary benefit from another person pursuant
to an agreement or understanding that such person will or
may be appointed to a public office.
(2) Trading in public office is a class C felony. [1975 1st
ex.s. c 260 § 9A.68.040.]
9A.68.040
9A.68.050 Trading in special influence. (1) A person
is guilty of trading in special influence if:
(a) He offers, confers, or agrees to confer any pecuniary
benefit upon another person pursuant to an agreement or
understanding that such other person will offer or confer a
benefit upon a public servant or procure another to do so with
intent thereby to secure or attempt to secure a particular result
in a particular matter; or
(b) He requests, accepts, or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that he
will offer or confer a benefit upon a public servant or procure
another to do so with intent thereby to secure or attempt to
secure a particular result in a particular matter.
(2) Trading in special influence is a class C felony.
[1975 1st ex.s. c 260 § 9A.68.050.]
9A.68.050
9A.68.060 Commercial bribery. (1) For purposes of
this section:
(a) "Claimant" means a person who has or is believed by
an actor to have an insurance claim.
(b) "Service provider" means a person who directly or
indirectly provides, advertises, or otherwise claims to provide
services.
(c) "Services" means health care services, motor vehicle
body or other motor vehicle repair, and preparing, processing, presenting, or negotiating an insurance claim.
(d) "Trusted person" means:
(i) An agent, employee, or partner of another;
(ii) An administrator, executor, conservator, guardian,
receiver, or trustee of a person or an estate, or any other person acting in a fiduciary capacity;
(iii) An accountant, appraiser, attorney, physician, or
other professional adviser;
9A.68.060
(2010 Ed.)
Perjury and Interference with Official Proceedings
(iv) An officer or director of a corporation, or any other
person who participates in the affairs of a corporation, partnership, or unincorporated association; or
(v) An arbitrator, mediator, or other purportedly disinterested adjudicator or referee.
(2) A person is guilty of commercial bribery if:
(a) He or she offers, confers, or agrees to confer a pecuniary benefit directly or indirectly upon a trusted person
under a request, agreement, or understanding that the trusted
person will violate a duty of fidelity or trust arising from his
or her position as a trusted person;
(b) Being a trusted person, he or she requests, accepts, or
agrees to accept a pecuniary benefit for himself, herself, or
another under a request, agreement, or understanding that he
or she will violate a duty of fidelity or trust arising from his
or her position as a trusted person; or
(c) Being an employee or agent of an insurer, he or she
requests, accepts, or agrees to accept a pecuniary benefit for
himself or herself, or a person other than the insurer, under a
request, agreement, or understanding that he or she will or a
threat that he or she will not refer or induce claimants to have
services performed by a service provider.
(3) It is not a defense to a prosecution under this section
that the person sought to be influenced was not qualified to
act in the desired way, whether because the person had not
yet assumed his or her position, lacked authority, or for any
other reason.
(4) Commercial bribery is a class B felony. [2001 c 224
§ 2. Prior: 1995 c 285 § 29.]
Purpose—2001 c 224: "The purpose of this act is to respond to State v.
Thomas, 103 Wn. App. 800, by reenacting and ranking, without changes, the
law relating to the crime of commercial bribery, enacted as sections 29 and
37(5), chapter 285, Laws of 1995." [2001 c 224 § 1.]
Effective date—2001 c 224: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 9, 2001]." [2001 c 224 § 5.]
Additional notes found at www.leg.wa.gov
Chapter 9A.72 RCW
Chapter 9A.72
PERJURY AND INTERFERENCE WITH
OFFICIAL PROCEEDINGS
Sections
9A.72.010
9A.72.020
9A.72.030
9A.72.040
9A.72.050
9A.72.060
9A.72.070
9A.72.080
9A.72.085
9A.72.090
9A.72.100
9A.72.110
9A.72.120
9A.72.130
9A.72.140
9A.72.150
9A.72.160
Definitions.
Perjury in the first degree.
Perjury in the second degree.
False swearing.
Perjury and false swearing—Inconsistent statements—Degree
of crime.
Perjury and false swearing—Retraction.
Perjury and false swearing—Irregularities no defense.
Statement of what one does not know to be true.
Unsworn statements, certification.
Bribing a witness.
Bribe receiving by a witness.
Intimidating a witness.
Tampering with a witness.
Intimidating a juror.
Jury tampering.
Tampering with physical evidence.
Intimidating a judge.
Committal of witness committing perjury: RCW 9.72.090.
(2010 Ed.)
9A.72.020
9A.72.010 Definitions. The following definitions are
applicable in this chapter unless the context otherwise
requires:
(1) "Materially false statement" means any false statement oral or written, regardless of its admissibility under the
rules of evidence, which could have affected the course or
outcome of the proceeding; whether a false statement is
material shall be determined by the court as a matter of law;
(2) "Oath" includes an affirmation and every other mode
authorized by law of attesting to the truth of that which is
stated; in this chapter, written statements shall be treated as if
made under oath if:
(a) The statement was made on or pursuant to instructions on an official form bearing notice, authorized by law, to
the effect that false statements made therein are punishable;
(b) The statement recites that it was made under oath, the
declarant was aware of such recitation at the time he or she
made the statement, intended that the statement should be
represented as a sworn statement, and the statement was in
fact so represented by its delivery or utterance with the signed
jurat of an officer authorized to administer oaths appended
thereto; or
(c) It is a statement, declaration, verification, or certificate, made within or outside the state of Washington, which
is certified or declared to be true under penalty of perjury as
provided in RCW 9A.72.085.
(3) An oath is "required or authorized by law" when the
use of the oath is specifically provided for by statute or regulatory provision or when the oath is administered by a person
authorized by state or federal law to administer oaths;
(4) "Official proceeding" means a proceeding heard
before any legislative, judicial, administrative, or other government agency or official authorized to hear evidence under
oath, including any referee, hearing examiner, commissioner,
notary, or other person taking testimony or depositions;
(5) "Juror" means any person who is a member of any
jury, including a grand jury, impaneled by any court of this
state or by any public servant authorized by law to impanel a
jury; the term juror also includes any person who has been
drawn or summoned to attend as a prospective juror;
(6) "Testimony" includes oral or written statements, documents, or any other material that may be offered by a witness in an official proceeding. [2001 c 171 § 2. Prior: 1995
c 285 § 30; 1981 c 187 § 1; 1975 1st ex.s. c 260 § 9A.72.010.]
9A.72.010
Purpose—2001 c 171: "The purpose of this act is to respond to State v.
Thomas, 103 Wn. App. 800, by reenacting, without changes, legislation
relating to the crime of perjury, as amended in sections 30 and 31, chapter
285, Laws of 1995." [2001 c 171 § 1.]
Effective date—2001 c 171: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2001]." [2001 c 171 § 4.]
Additional notes found at www.leg.wa.gov
9A.72.020 Perjury in the first degree. (1) A person is
guilty of perjury in the first degree if in any official proceeding he makes a materially false statement which he knows to
be false under an oath required or authorized by law.
(2) Knowledge of the materiality of the statement is not
an element of this crime, and the actor’s mistaken belief that
his statement was not material is not a defense to a prosecution under this section.
9A.72.020
[Title 9A RCW—page 65]
9A.72.030
Title 9A RCW: Washington Criminal Code
(3) Perjury in the first degree is a class B felony. [1975
1st ex.s. c 260 § 9A.72.020.]
9A.72.030
9A.72.030 Perjury in the second degree. (1) A person
is guilty of perjury in the second degree if, in an examination
under oath under the terms of a contract of insurance, or with
intent to mislead a public servant in the performance of his or
her duty, he or she makes a materially false statement, which
he or she knows to be false under an oath required or authorized by law.
(2) Perjury in the second degree is a class C felony.
[2001 c 171 § 3. Prior: 1995 c 285 § 31; 1975 1st ex.s. c 260
§ 9A.72.030.]
Purpose—Effective date—2001 c 171: See notes following RCW
9A.72.010.
Additional notes found at www.leg.wa.gov
9A.72.040
9A.72.040 False swearing. (1) A person is guilty of
false swearing if he makes a false statement, which he knows
to be false, under an oath required or authorized by law.
(2) False swearing is a gross misdemeanor. [1975 1st
ex.s. c 260 § 9A.72.040.]
9A.72.050
9A.72.050 Perjury and false swearing—Inconsistent
statements—Degree of crime. (1) Where, in the course of
one or more official proceedings, a person makes inconsistent
material statements under oath, the prosecution may proceed
by setting forth the inconsistent statements in a single count
alleging in the alternative that one or the other was false and
known by the defendant to be false. In such case it shall not
be necessary for the prosecution to prove which material
statement was false but only that one or the other was false
and known by the defendant to be false.
(2) The highest offense of which a person may be convicted in such an instance as set forth in subsection (1) of this
section shall be determined by hypothetically assuming each
statement to be false. If perjury of different degrees would be
established by the making of the two statements, the person
may only be convicted of the lesser degree. If perjury or false
swearing would be established by the making of the two
statements, the person may only be convicted of false swearing. For purposes of this section, no corroboration shall be
required of either inconsistent statement. [1975 1st ex.s. c
260 § 9A.72.050.]
9A.72.060
9A.72.060 Perjury and false swearing—Retraction.
No person shall be convicted of perjury or false swearing if
he retracts his false statement in the course of the same proceeding in which it was made, if in fact he does so before it
becomes manifest that the falsification is or will be exposed
and before the falsification substantially affects the proceeding. Statements made in separate hearings at separate stages
of the same trial, administrative, or other official proceeding
shall be treated as if made in the course of the same proceeding. [1975-’76 2nd ex.s. c 38 § 16; 1975 1st ex.s. c 260 §
9A.72.060.]
Additional notes found at www.leg.wa.gov
[Title 9A RCW—page 66]
9A.72.070 Perjury and false swearing—Irregularities no defense. It is no defense to a prosecution for perjury
or false swearing:
(1) That the oath was administered or taken in an irregular manner; or
(2) That the person administering the oath lacked authority to do so, if the taking of the oath was required or authorized by law. [1975 1st ex.s. c 260 § 9A.72.070.]
9A.72.070
9A.72.080 Statement of what one does not know to be
true. Every unqualified statement of that which one does not
know to be true is equivalent to a statement of that which he
knows to be false. [1975 1st ex.s. c 260 § 9A.72.080.]
9A.72.080
9A.72.085 Unsworn statements, certification. Whenever, under any law of this state or under any rule, order, or
requirement made under the law of this state, any matter in an
official proceeding is required or permitted to be supported,
evidenced, established, or proved by a person’s sworn written
statement, declaration, verification, certificate, oath, or affidavit, the matter may with like force and effect be supported,
evidenced, established, or proved in the official proceeding
by an unsworn written statement, declaration, verification, or
certificate, which:
(1) Recites that it is certified or declared by the person to
be true under penalty of perjury;
(2) Is subscribed by the person;
(3) States the date and place of its execution; and
(4) States that it is so certified or declared under the laws
of the state of Washington.
The certification or declaration may be in substantially
the following form:
9A.72.085
"I certify (or declare) under penalty of perjury under
the laws of the State of Washington that the foregoing is
true and correct":
.....................
.....................
(Date and Place)
(Signature)
This section does not apply to writings requiring an
acknowledgement, depositions, oaths of office, or oaths
required to be taken before a special official other than a
notary public. [1981 c 187 § 3.]
9A.72.090 Bribing a witness. (1) A person is guilty of
bribing a witness if he or she offers, confers, or agrees to confer any benefit upon a witness or a person he or she has reason to believe is about to be called as a witness in any official
proceeding or upon a person whom he or she has reason to
believe may have information relevant to a criminal investigation or the abuse or neglect of a minor child, with intent to:
(a) Influence the testimony of that person; or
(b) Induce that person to avoid legal process summoning
him or her to testify; or
(c) Induce that person to absent himself or herself from
an official proceeding to which he or she has been legally
summoned; or
(d) Induce that person to refrain from reporting information relevant to a criminal investigation or the abuse or
neglect of a minor child.
9A.72.090
(2010 Ed.)
Perjury and Interference with Official Proceedings
(2) Bribing a witness is a class B felony. [1994 c 271 §
202; 1982 1st ex.s. c 47 § 16; 1975 1st ex.s. c 260 §
9A.72.090.]
Finding—1994 c 271: "The legislature finds that witness intimidation
and witness tampering serve to thwart both the effective prosecution of criminal conduct in the state of Washington and resolution of child dependencies.
Further, the legislature finds that intimidating persons who have information pertaining to a future proceeding serves to prevent both the bringing
of a charge and prosecution of such future proceeding. The legislature finds
that the period before a crime or child abuse or neglect is reported is when a
victim is most vulnerable to influence, both from the defendant or from people acting on behalf of the defendant and a time when the defendant is most
able to threaten, bribe, and/or persuade potential witnesses to leave the jurisdiction or withhold information from law enforcement agencies.
The legislature moreover finds that a criminal defendant’s admonishment or demand to a witness to "drop the charges" is intimidating to witnesses or other persons with information relevant to a criminal proceeding.
The legislature finds, therefore, that tampering with and/or intimidating witnesses or other persons with information relevant to a present or
future criminal or child dependency proceeding are grave offenses which
adversely impact the state’s ability to promote public safety and prosecute
criminal behavior." [1994 c 271 § 201.]
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Additional notes found at www.leg.wa.gov
9A.72.100 Bribe receiving by a witness. (1) A witness
or a person who has reason to believe he or she is about to be
called as a witness in any official proceeding or that he or she
may have information relevant to a criminal investigation or
the abuse or neglect of a minor child is guilty of bribe receiving by a witness if he or she requests, accepts, or agrees to
accept any benefit pursuant to an agreement or understanding
that:
(a) The person’s testimony will thereby be influenced; or
(b) The person will attempt to avoid legal process summoning him or her to testify; or
(c) The person will attempt to absent himself or herself
from an official proceeding to which he or she has been
legally summoned; or
(d) The person will not report information he or she has
relevant to a criminal investigation or the abuse or neglect of
a minor child.
(2) Bribe receiving by a witness is a class B felony.
[1994 c 271 § 203; 1982 1st ex.s. c 47 § 17; 1975 1st ex.s. c
260 § 9A.72.100.]
9A.72.100
Finding—1994 c 271: See note following RCW 9A.72.090.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Additional notes found at www.leg.wa.gov
9A.72.110 Intimidating a witness. (1) A person is
guilty of intimidating a witness if a person, by use of a threat
against a current or prospective witness, attempts to:
(a) Influence the testimony of that person;
(b) Induce that person to elude legal process summoning
him or her to testify;
(c) Induce that person to absent himself or herself from
such proceedings; or
(d) Induce that person not to report the information relevant to a criminal investigation or the abuse or neglect of a
minor child, not to have the crime or the abuse or neglect of a
minor child prosecuted, or not to give truthful or complete
9A.72.110
(2010 Ed.)
9A.72.120
information relevant to a criminal investigation or the abuse
or neglect of a minor child.
(2) A person also is guilty of intimidating a witness if the
person directs a threat to a former witness because of the witness’s role in an official proceeding.
(3) As used in this section:
(a) "Threat" means:
(i) To communicate, directly or indirectly, the intent
immediately to use force against any person who is present at
the time; or
(ii) Threat as defined in *RCW 9A.04.110(25).
(b) "Current or prospective witness" means:
(i) A person endorsed as a witness in an official proceeding;
(ii) A person whom the actor believes may be called as a
witness in any official proceeding; or
(iii) A person whom the actor has reason to believe may
have information relevant to a criminal investigation or the
abuse or neglect of a minor child.
(c) "Former witness" means:
(i) A person who testified in an official proceeding;
(ii) A person who was endorsed as a witness in an official proceeding;
(iii) A person whom the actor knew or believed may
have been called as a witness if a hearing or trial had been
held; or
(iv) A person whom the actor knew or believed may
have provided information related to a criminal investigation
or an investigation into the abuse or neglect of a minor child.
(4) Intimidating a witness is a class B felony. [1997 c 29
§ 1; 1994 c 271 § 204; 1985 c 327 § 2; 1982 1st ex.s. c 47 §
18; 1975 1st ex.s. c 260 § 9A.72.110.]
*Reviser’s note: RCW 9A.04.110 was amended by 2005 c 458 § 3,
changing subsection (25) to subsection (26); and was subsequently amended
by 2007 c 79 § 3, changing subsection (26) to subsection (27).
Finding—1994 c 271: See note following RCW 9A.72.090.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Additional notes found at www.leg.wa.gov
9A.72.120 Tampering with a witness. (1) A person is
guilty of tampering with a witness if he or she attempts to
induce a witness or person he or she has reason to believe is
about to be called as a witness in any official proceeding or a
person whom he or she has reason to believe may have information relevant to a criminal investigation or the abuse or
neglect of a minor child to:
(a) Testify falsely or, without right or privilege to do so,
to withhold any testimony; or
(b) Absent himself or herself from such proceedings; or
(c) Withhold from a law enforcement agency information which he or she has relevant to a criminal investigation
or the abuse or neglect of a minor child to the agency.
(2) Tampering with a witness is a class C felony. [1994
c 271 § 205; 1982 1st ex.s. c 47 § 19; 1975 1st ex.s. c 260 §
9A.72.120.]
9A.72.120
Finding—1994 c 271: See note following RCW 9A.72.090.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Additional notes found at www.leg.wa.gov
[Title 9A RCW—page 67]
9A.72.130
Title 9A RCW: Washington Criminal Code
9A.72.130
9A.72.130 Intimidating a juror. (1) A person is guilty
of intimidating a juror if a person directs a threat to a former
juror because of the juror’s vote, opinion, decision, or other
official action as a juror, or if, by use of a threat, he attempts
to influence a juror’s vote, opinion, decision, or other official
action as a juror.
(2) "Threat" as used in this section means
(a) to communicate, directly or indirectly, the intent
immediately to use force against any person who is present at
the time; or
(b) threats as defined in *RCW 9A.04.110(25).
(3) Intimidating a juror is a class B felony. [1985 c 327
§ 3; 1975 1st ex.s. c 260 § 9A.72.130.]
*Reviser’s note: RCW 9A.04.110 was amended by 2005 c 458 § 3,
changing subsection (25) to subsection (26); and was subsequently amended
by 2007 c 79 § 3, changing subsection (26) to subsection (27).
9A.72.140
9A.72.140 Jury tampering. (1) A person is guilty of
jury tampering if with intent to influence a juror’s vote, opinion, decision, or other official action in a case, he attempts to
communicate directly or indirectly with a juror other than as
part of the proceedings in the trial of the case.
(2) Jury tampering is a gross misdemeanor. [1975 1st
ex.s. c 260 § 9A.72.140.]
Chapter 9A.76 RCW
OBSTRUCTING GOVERNMENTAL OPERATION
Chapter 9A.76
Sections
9A.76.010
9A.76.020
9A.76.023
9A.76.025
9A.76.027
9A.76.030
9A.76.040
9A.76.050
9A.76.060
9A.76.070
9A.76.080
9A.76.090
9A.76.100
9A.76.110
9A.76.115
9A.76.120
9A.76.130
9A.76.140
9A.76.150
9A.76.160
9A.76.170
9A.76.175
9A.76.177
9A.76.180
9A.76.200
9A.76.900
9A.72.150
9A.72.150 Tampering with physical evidence. (1) A
person is guilty of tampering with physical evidence if, having reason to believe that an official proceeding is pending or
about to be instituted and acting without legal right or authority, he:
(a) Destroys, mutilates, conceals, removes, or alters
physical evidence with intent to impair its appearance, character, or availability in such pending or prospective official
proceeding; or
(b) Knowingly presents or offers any false physical evidence.
(2) "Physical evidence" as used in this section includes
any article, object, document, record, or other thing of physical substance.
(3) Tampering with physical evidence is a gross misdemeanor. [1975 1st ex.s. c 260 § 9A.72.150.]
9A.72.160
9A.72.160 Intimidating a judge. (1) A person is guilty
of intimidating a judge if a person directs a threat to a judge
because of a ruling or decision of the judge in any official
proceeding, or if by use of a threat directed to a judge, a person attempts to influence a ruling or decision of the judge in
any official proceeding.
(2) "Threat" as used in this section means:
(a) To communicate, directly or indirectly, the intent
immediately to use force against any person who is present at
the time; or
(b) Threats as defined in *RCW 9A.04.110(25).
(3) Intimidating a judge is a class B felony. [1985 c 327
§ 1.]
*Reviser’s note: RCW 9A.04.110 was amended by 2005 c 458 § 3,
changing subsection (25) to subsection (26); and was subsequently amended
by 2007 c 79 § 3, changing subsection (26) to subsection (27).
[Title 9A RCW—page 68]
Definitions.
Obstructing a law enforcement officer.
Disarming a law enforcement or corrections officer.
Disarming a law enforcement or corrections officer—Commission of another crime.
Law enforcement or corrections officer engaged in criminal
conduct.
Refusing to summon aid for a peace officer.
Resisting arrest.
Rendering criminal assistance—Definition of term.
Relative defined.
Rendering criminal assistance in the first degree.
Rendering criminal assistance in the second degree.
Rendering criminal assistance in the third degree.
Compounding.
Escape in the first degree.
Sexually violent predator escape.
Escape in the second degree.
Escape in the third degree.
Introducing contraband in the first degree.
Introducing contraband in the second degree.
Introducing contraband in the third degree.
Bail jumping.
Making a false or misleading statement to a public servant.
Amber alert—Making a false or misleading statement to a
public servant.
Intimidating a public servant.
Harming a police dog, accelerant detection dog, or police
horse.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Withholding knowledge of felony: RCW 9.69.100.
9A.76.010 Definitions. The following definitions are
applicable in this chapter unless the context otherwise
requires:
(1) "Contraband" means any article or thing which a person confined in a detention facility is prohibited from obtaining or possessing by statute, rule, regulation, or order of a
court;
(2) "Custody" means restraint pursuant to a lawful arrest
or an order of a court, or any period of service on a work
crew: PROVIDED, That custody pursuant to chapter 13.34
RCW and RCW *74.13.020 and 74.13.031 and chapter
13.32A RCW shall not be deemed custody for purposes of
this chapter;
(3) "Detention facility" means any place used for the
confinement of a person (a) arrested for, charged with or convicted of an offense, or (b) charged with being or adjudicated
to be a juvenile offender as defined in RCW 13.40.020 as
now existing or hereafter amended, or (c) held for extradition
or as a material witness, or (d) otherwise confined pursuant to
an order of a court, except an order under chapter 13.34 RCW
or chapter 13.32A RCW, or (e) in any work release, furlough,
or other such facility or program;
(4) "Uncontrollable circumstances" means an act of
nature such as a flood, earthquake, or fire, or a medical condition that requires immediate hospitalization or treatment, or
an act of a human being such as an automobile accident or
threats of death, forcible sexual attack, or substantial bodily
injury in the immediate future for which there is no time for a
complaint to the authorities and no time or opportunity to
resort to the courts. [2009 c 549 § 1003; 2001 c 264 § 4; 1991
c 181 § 6; 1979 c 155 § 35; 1977 ex.s. c 291 § 53; 1975 1st
ex.s. c 260 § 9A.76.010.]
9A.76.010
(2010 Ed.)
Obstructing Governmental Operation
Reviser’s note: *(1) RCW 74.13.020 no longer refers to "custody."
(2) The definitions in this section have been alphabetized pursuant to
RCW 1.08.015(2)(k).
Effective date—2001 c 264: See note following RCW 9A.76.110.
Additional notes found at www.leg.wa.gov
9A.76.020 Obstructing a law enforcement officer. (1)
A person is guilty of obstructing a law enforcement officer if
the person willfully hinders, delays, or obstructs any law
enforcement officer in the discharge of his or her official
powers or duties.
(2) "Law enforcement officer" means any general
authority, limited authority, or specially commissioned
Washington peace officer or federal peace officer as those
terms are defined in RCW 10.93.020, and other public officers who are responsible for enforcement of fire, building,
zoning, and life and safety codes.
(3) Obstructing a law enforcement officer is a gross misdemeanor. [2001 c 308 § 3. Prior: 1995 c 285 § 33; 1994 c
196 § 1; 1975 1st ex.s. c 260 § 9A.76.020.]
9A.76.070
a peace officer if, upon request by a person he knows to be a
peace officer, he unreasonably refuses or fails to summon aid
for such peace officer.
(2) Refusing to summon aid for a peace officer is a misdemeanor. [1975 1st ex.s. c 260 § 9A.76.030.]
9A.76.020
Purpose—Effective date—2001 c 308: See notes following RCW
9A.76.175.
Additional notes found at www.leg.wa.gov
9A.76.023 Disarming a law enforcement or corrections officer. (1) A person is guilty of disarming a law
enforcement officer if with intent to interfere with the performance of the officer’s duties the person knowingly removes a
firearm or weapon from the person of a law enforcement
officer or corrections officer or deprives a law enforcement
officer or corrections officer of the use of a firearm or
weapon, when the officer is acting within the scope of the
officer’s duties, does not consent to the removal, and the person has reasonable cause to know or knows that the individual is a law enforcement or corrections officer.
(2)(a) Except as provided in (b) of this subsection, disarming a law enforcement or corrections officer is a class C
felony.
(b) Disarming a law enforcement or corrections officer is
a class B felony if the firearm involved is discharged when
the person removes the firearm. [2003 c 53 § 82; 1998 c 252
§ 1.]
9A.76.023
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9A.76.025 Disarming a law enforcement or corrections officer—Commission of another crime. A person
who commits another crime during the commission of the
crime of disarming a law enforcement or corrections officer
may be punished for the other crime as well as for disarming
a law enforcement officer and may be prosecuted separately
for each crime. [1998 c 252 § 2.]
9A.76.025
9A.76.027 Law enforcement or corrections officer
engaged in criminal conduct. RCW 9A.76.023 and
9A.76.025 do not apply when the law enforcement officer or
corrections officer is engaged in criminal conduct. [1998 c
252 § 3.]
9A.76.027
9A.76.030 Refusing to summon aid for a peace
officer. (1) A person is guilty of refusing to summon aid for
9A.76.030
(2010 Ed.)
9A.76.040 Resisting arrest. (1) A person is guilty of
resisting arrest if he intentionally prevents or attempts to prevent a peace officer from lawfully arresting him.
(2) Resisting arrest is a misdemeanor. [1975 1st ex.s. c
260 § 9A.76.040.]
9A.76.040
9A.76.050 Rendering criminal assistance—Definition of term. As used in RCW 9A.76.070, 9A.76.080, and
9A.76.090, a person "renders criminal assistance" if, with
intent to prevent, hinder, or delay the apprehension or prosecution of another person who he knows has committed a
crime or juvenile offense or is being sought by law enforcement officials for the commission of a crime or juvenile
offense or has escaped from a detention facility, he:
(1) Harbors or conceals such person; or
(2) Warns such person of impending discovery or apprehension; or
(3) Provides such person with money, transportation,
disguise, or other means of avoiding discovery or apprehension; or
(4) Prevents or obstructs, by use of force, deception, or
threat, anyone from performing an act that might aid in the
discovery or apprehension of such person; or
(5) Conceals, alters, or destroys any physical evidence
that might aid in the discovery or apprehension of such person; or
(6) Provides such person with a weapon. [1982 1st ex.s.
c 47 § 20; 1975 1st ex.s. c 260 § 9A.76.050.]
9A.76.050
Additional notes found at www.leg.wa.gov
9A.76.060 Relative defined. As used in RCW
9A.76.070 and 9A.76.080, "relative" means a person:
(1) Who is related as husband or wife, brother or sister,
parent or grandparent, child or grandchild, step-child or stepparent to the person to whom criminal assistance is rendered;
and
(2) Who does not render criminal assistance to another
person in one or more of the means defined in subsections
(4), (5), or (6) of RCW 9A.76.050. [1975 1st ex.s. c 260 §
9A.76.060.]
9A.76.060
9A.76.070 Rendering criminal assistance in the first
degree. (1) A person is guilty of rendering criminal assistance in the first degree if he or she renders criminal assistance to a person who has committed or is being sought for
murder in the first degree or any class A felony or equivalent
juvenile offense.
(2)(a) Except as provided in (b) of this subsection, rendering criminal assistance in the first degree is a class B felony.
(b) Rendering criminal assistance in the first degree is a
gross misdemeanor if it is established by a preponderance of
the evidence that the actor is a relative as defined in RCW
9A.76.060 and under the age of eighteen at the time of the
9A.76.070
[Title 9A RCW—page 69]
9A.76.080
Title 9A RCW: Washington Criminal Code
offense. [2010 c 255 § 1; 2003 c 53 § 83; 1982 1st ex.s. c 47
§ 21; 1975 1st ex.s. c 260 § 9A.76.070.]
Short title—2010 c 255: "This act may be known and cited as Randy’s
law." [2010 c 255 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
9A.76.080 Rendering criminal assistance in the second degree. (1) A person is guilty of rendering criminal
assistance in the second degree if he or she renders criminal
assistance to a person who has committed or is being sought
for a class B or class C felony or an equivalent juvenile
offense or to someone being sought for violation of parole,
probation, or community supervision.
(2)(a) Except as provided in (b) of this subsection, rendering criminal assistance in the second degree is a gross misdemeanor.
(b) Rendering criminal assistance in the second degree is
a misdemeanor if it is established by a preponderance of the
evidence that the actor is a relative as defined in RCW
9A.76.060. [2003 c 53 § 84; 1982 1st ex.s. c 47 § 22; 1975
1st ex.s. c 260 § 9A.76.080.]
9A.76.080
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
9A.76.090 Rendering criminal assistance in the third
degree. (1) A person is guilty of rendering criminal assistance in the third degree if he renders criminal assistance to a
person who has committed a gross misdemeanor or misdemeanor.
(2) Rendering criminal assistance in the third degree is a
misdemeanor. [1975 1st ex.s. c 260 § 9A.76.090.]
9A.76.090
9A.76.100 Compounding. (1) A person is guilty of
compounding if:
(a) He requests, accepts, or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that he
will refrain from initiating a prosecution for a crime; or
(b) He confers, or offers or agrees to confer, any pecuniary benefit upon another pursuant to an agreement or understanding that such other person will refrain from initiating a
prosecution for a crime.
(2) In any prosecution under this section, it is a defense
if established by a preponderance of the evidence that the
pecuniary benefit did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime.
(3) Compounding is a gross misdemeanor. [1975 1st
ex.s. c 260 § 9A.76.100.]
9A.76.100
9A.76.110 Escape in the first degree. (1) A person is
guilty of escape in the first degree if he or she knowingly
escapes from custody or a detention facility while being
detained pursuant to a conviction of a felony or an equivalent
juvenile offense.
(2) It is an affirmative defense to a prosecution under this
section that uncontrollable circumstances prevented the person from remaining in custody or in the detention facility or
from returning to custody or to the detention facility, and that
9A.76.110
[Title 9A RCW—page 70]
the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to remain or
return, and that the person returned to custody or the detention facility as soon as such circumstances ceased to exist.
(3) Escape in the first degree is a class B felony. [2001 c
264 § 1; 1982 1st ex.s. c 47 § 23; 1975 1st ex.s. c 260 §
9A.76.110.]
Effective date—2001 c 264: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 264 § 9.]
Term of escaped prisoner recaptured: RCW 9.31.090.
Additional notes found at www.leg.wa.gov
9A.76.115 Sexually violent predator escape. (1) A
person is guilty of sexually violent predator escape if:
(a) Having been found to be a sexually violent predator
and confined to the special commitment center or another
secure facility under court order, the person escapes from the
secure facility;
(b) Having been found to be a sexually violent predator
and being under an order of conditional release, the person
leaves or remains absent from the state of Washington without prior court authorization; or
(c) Having been found to be a sexually violent predator
and being under an order of conditional release, the person:
(i) Without authorization, leaves or remains absent from his
or her residence, place of employment, educational institution, or authorized outing; (ii) tampers with his or her electronic monitoring device or removes it without authorization;
or (iii) escapes from his or her escort.
(2) Sexually violent predator escape is a class A felony
with a minimum sentence of sixty months, and shall be sentenced under RCW 9.94A.507. [2009 c 28 § 32; 2001 2nd
sp.s. c 12 § 360; 2001 c 287 § 1.]
9A.76.115
Effective date—2009 c 28: See note following RCW 2.24.040.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Application—2001 2nd sp.s. c 12 §§ 301-363: See note following
RCW 9.94A.030.
Effective date—2001 c 287: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 2001] except for section 4 of this act, which takes effect July 1,
2001." [2001 c 287 § 5.]
9A.76.120 Escape in the second degree. (1) A person
is guilty of escape in the second degree if:
(a) He or she knowingly escapes from a detention facility; or
(b) Having been charged with a felony or an equivalent
juvenile offense, he or she knowingly escapes from custody;
or
(c) Having been committed under chapter 10.77 RCW
for a sex, violent, or felony harassment offense and being
under an order of conditional release, he or she knowingly
leaves or remains absent from the state of Washington without prior court authorization.
(2) It is an affirmative defense to a prosecution under this
section that uncontrollable circumstances prevented the person from remaining in custody or in the detention facility or
from returning to custody or to the detention facility, and that
9A.76.120
(2010 Ed.)
Obstructing Governmental Operation
the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to remain or
return, and that the person returned to custody or the detention facility as soon as such circumstances ceased to exist.
(3) Escape in the second degree is a class C felony.
[2001 c 287 § 2; 2001 c 264 § 2; 1995 c 216 § 15; 1982 1st
ex.s. c 47 § 24; 1975 1st ex.s. c 260 § 9A.76.120.]
Reviser’s note: This section was amended by 2001 c 264 § 2 and by
2001 c 287 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—2001 c 287: See note following RCW 9A.76.115.
Effective date—2001 c 264: See note following RCW 9A.76.110.
Term of escaped prisoner recaptured: RCW 9.31.090.
9A.76.180
(3) Bail jumping is:
(a) A class A felony if the person was held for, charged
with, or convicted of murder in the first degree;
(b) A class B felony if the person was held for, charged
with, or convicted of a class A felony other than murder in the
first degree;
(c) A class C felony if the person was held for, charged
with, or convicted of a class B or class C felony;
(d) A misdemeanor if the person was held for, charged
with, or convicted of a gross misdemeanor or misdemeanor.
[2001 c 264 § 3; 1983 1st ex.s. c 4 § 3; 1975 1st ex.s. c 260 §
9A.76.170.]
Effective date—2001 c 264: See note following RCW 9A.76.110.
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
9A.76.175 Making a false or misleading statement to
a public servant. A person who knowingly makes a false or
misleading material statement to a public servant is guilty of
a gross misdemeanor. "Material statement" means a written
or oral statement reasonably likely to be relied upon by a public servant in the discharge of his or her official powers or
duties. [2001 c 308 § 2. Prior: 1995 c 285 § 32.]
9A.76.175
9A.76.130 Escape in the third degree. (1) A person is
guilty of escape in the third degree if he escapes from custody.
(2) Escape in the third degree is a gross misdemeanor.
[1975 1st ex.s. c 260 § 9A.76.130.]
9A.76.130
Term of escaped prisoner recaptured: RCW 9.31.090.
9A.76.140 Introducing contraband in the first
degree. (1) A person is guilty of introducing contraband in
the first degree if he knowingly provides any deadly weapon
to any person confined in a detention facility.
(2) Introducing contraband in the first degree is a class B
felony. [1975 1st ex.s. c 260 § 9A.76.140.]
9A.76.140
9A.76.150 Introducing contraband in the second
degree. (1) A person is guilty of introducing contraband in
the second degree if he knowingly and unlawfully provides
contraband to any person confined in a detention facility with
the intent that such contraband be of assistance in an escape
or in the commission of a crime.
(2) Introducing contraband in the second degree is a
class C felony. [1975 1st ex.s. c 260 § 9A.76.150.]
Purpose—2001 c 308: "The purpose of this act is to respond to State v.
Thomas, 103 Wn. App. 800, by reenacting, without changes, the law prohibiting materially false or misleading statements to public servants, enacted as
sections 32 and 33, chapter 285, Laws of 1995." [2001 c 308 § 1.]
Effective date—2001 c 308: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 2001]." [2001 c 308 § 4.]
Additional notes found at www.leg.wa.gov
9A.76.150
9A.76.160 Introducing contraband in the third
degree. (1) A person is guilty of introducing contraband in
the third degree if he knowingly and unlawfully provides
contraband to any person confined in a detention facility.
(2) Introducing contraband in the third degree is a misdemeanor. [1975 1st ex.s. c 260 § 9A.76.160.]
9A.76.160
9A.76.170 Bail jumping. (1) Any person having been
released by court order or admitted to bail with knowledge of
the requirement of a subsequent personal appearance before
any court of this state, or of the requirement to report to a correctional facility for service of sentence, and who fails to
appear or who fails to surrender for service of sentence as
required is guilty of bail jumping.
(2) It is an affirmative defense to a prosecution under this
section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did
not contribute to the creation of such circumstances in reckless disregard of the requirement to appear or surrender, and
that the person appeared or surrendered as soon as such circumstances ceased to exist.
9A.76.170
(2010 Ed.)
9A.76.177 Amber alert—Making a false or misleading statement to a public servant. (1) A person who, with
the intent of causing an activation of the voluntary broadcast
notification system commonly known as the "Amber alert,"
or as the same system may otherwise be known, which is
used to notify the public of abducted children, knowingly
makes a false or misleading material statement to a public
servant that a child has been abducted and which statement
causes an activation, is guilty of a class C felony.
(2) "Material statement" means a written or oral statement reasonably likely to be relied upon by a public servant
in the discharge of his or her official powers or duties. [2008
c 91 § 1.]
9A.76.177
9A.76.180 Intimidating a public servant. (1) A person is guilty of intimidating a public servant if, by use of a
threat, he attempts to influence a public servant’s vote, opinion, decision, or other official action as a public servant.
(2) For purposes of this section "public servant" shall not
include jurors.
(3) "Threat" as used in this section means
(a) to communicate, directly or indirectly, the intent
immediately to use force against any person who is present at
the time; or
(b) threats as defined in *RCW 9A.04.110(25).
(4) Intimidating a public servant is a class B felony.
[1975 1st ex.s. c 260 § 9A.76.180.]
9A.76.180
*Reviser’s note: RCW 9A.04.110 was amended by 2005 c 458 § 3,
changing subsection (25) to subsection (26); and was subsequently amended
by 2007 c 79 § 3, changing subsection (26) to subsection (27).
[Title 9A RCW—page 71]
9A.76.200
Title 9A RCW: Washington Criminal Code
9A.76.200 Harming a police dog, accelerant detection dog, or police horse. (1) A person is guilty of harming
a police dog, accelerant detection dog, or police horse, if he
or she maliciously injures, disables, shoots, or kills by any
means any dog or horse that the person knows or has reason
to know to be a police dog or accelerant detection dog, as
defined in RCW 4.24.410, or police horse, as defined in subsection (2) of this section, whether or not the dog or horse is
actually engaged in police or accelerant detection work at the
time of the injury.
(2) "Police horse" means any horse used or kept for use
by a law enforcement officer in discharging any legal duty or
power of his or her office.
(3) Harming a police dog, accelerant detection dog, or
police horse is a class C felony. [2003 c 269 § 1; 1993 c 180
§ 2; 1989 c 26 § 2; 1982 c 22 § 2.]
9A.82.030
9A.76.900 Construction—Chapter applicable to
state registered domestic partnerships—2009 c 521. For
the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family
shall be interpreted as applying equally to state registered
domestic partnerships or individuals in state registered
domestic partnerships as well as to marital relationships and
married persons, and references to dissolution of marriage
shall apply equally to state registered domestic partnerships
that have been terminated, dissolved, or invalidated, to the
extent that such interpretation does not conflict with federal
law. Where necessary to implement chapter 521, Laws of
2009, gender-specific terms such as husband and wife used in
any statute, rule, or other law shall be construed to be gender
neutral, and applicable to individuals in state registered
domestic partnerships. [2009 c 521 § 25.]
9A.82.900
9A.82.901
9A.82.902
9A.82.904
9A.76.200
9A.76.900
Chapter 9A.80
Chapter 9A.80 RCW
ABUSE OF OFFICE
Sections
9A.80.010
Official misconduct.
9A.80.010 Official misconduct. (1) A public servant is
guilty of official misconduct if, with intent to obtain a benefit
or to deprive another person of a lawful right or privilege:
(a) He intentionally commits an unauthorized act under
color of law; or
(b) He intentionally refrains from performing a duty
imposed upon him by law.
(2) Official misconduct is a gross misdemeanor. [1975’76 2nd ex.s. c 38 § 17; 1975 1st ex.s. c 260 § 9A.80.010.]
9A.80.010
Failure of duty by public officers: RCW 42.20.100.
Additional notes found at www.leg.wa.gov
Chapter 9A.82
Chapter 9A.82 RCW
CRIMINAL PROFITEERING ACT
(Formerly: Racketeering)
Sections
9A.82.001
9A.82.010
9A.82.020
Short title.
Definitions.
Extortionate extension of credit.
[Title 9A RCW—page 72]
9A.82.040
9A.82.045
9A.82.050
9A.82.055
9A.82.060
9A.82.070
9A.82.080
9A.82.085
9A.82.090
9A.82.100
9A.82.110
9A.82.120
9A.82.130
9A.82.140
9A.82.150
9A.82.160
9A.82.170
Advancing money or property to be used for extortionate
credit.
Use of extortionate means to collect extensions of credit.
Collection of unlawful debt.
Trafficking in stolen property in the first degree.
Trafficking in stolen property in the second degree.
Leading organized crime.
Influencing outcome of sporting event.
Use of proceeds of criminal profiteering—Controlling enterprise or realty—Conspiracy or attempt.
Bars on certain prosecutions.
Orders restraining criminal profiteering—When issued.
Remedies and procedures.
County antiprofiteering revolving funds.
Criminal profiteering lien—Authority, procedures.
Criminal profiteering lien—Trustee of real property.
Criminal profiteering lien—Procedures after notice.
Criminal profiteering lien—Conveyance of property by
trustee, liability.
Criminal profiteering lien—Trustee’s failure to comply, evasion of procedures or lien.
Financial institution records—Inspection and copying—
Wrongful disclosure.
Severability—1984 c 270.
Effective date—1984 c 270 as amended by 1985 c 455.
Effective date—1985 c 455.
Severability—1985 c 455.
Special narcotics enforcement unit: RCW 43.43.655.
9A.82.001 Short title. This chapter shall be known as
the criminal profiteering act. [2001 c 222 § 2. Prior: 1985 c
455 § 1.]
9A.82.001
Purpose—2001 c 222: "The purpose of this act is to respond to State v.
Thomas, 103 Wn. App. 800, by reenacting, without substantive changes, the
Washington laws relating to criminal profiteering, and the sentencing level
ranking for criminal profiteering crimes as they existed prior to December
21, 2000." [2001 c 222 § 1.]
Effective date—2001 c 222: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 9, 2001]." [2001 c 222 § 25.]
9A.82.010 Definitions. Unless the context requires the
contrary, the definitions in this section apply throughout this
chapter.
(1)(a) "Beneficial interest" means:
(i) The interest of a person as a beneficiary under a trust
established under Title 11 RCW in which the trustee for the
trust holds legal or record title to real property;
(ii) The interest of a person as a beneficiary under any
other trust arrangement under which a trustee holds legal or
record title to real property for the benefit of the beneficiary;
or
(iii) The interest of a person under any other form of
express fiduciary arrangement under which one person holds
legal or record title to real property for the benefit of the other
person.
(b) "Beneficial interest" does not include the interest of a
stockholder in a corporation or the interest of a partner in a
general partnership or limited partnership.
(c) A beneficial interest is considered to be located
where the real property owned by the trustee is located.
(2) "Control" means the possession of a sufficient interest to permit substantial direction over the affairs of an enterprise.
(3) "Creditor" means a person making an extension of
credit or a person claiming by, under, or through a person
making an extension of credit.
9A.82.010
(2010 Ed.)
Criminal Profiteering Act
(4) "Criminal profiteering" means any act, including any
anticipatory or completed offense, committed for financial
gain, that is chargeable or indictable under the laws of the
state in which the act occurred and, if the act occurred in a
state other than this state, would be chargeable or indictable
under the laws of this state had the act occurred in this state
and punishable as a felony and by imprisonment for more
than one year, regardless of whether the act is charged or
indicted, as any of the following:
(a) Murder, as defined in RCW 9A.32.030 and
9A.32.050;
(b) Robbery, as defined in RCW 9A.56.200 and
9A.56.210;
(c) Kidnapping, as defined in RCW 9A.40.020 and
9A.40.030;
(d) Forgery, as defined in RCW 9A.60.020 and
9A.60.030;
(e) Theft, as defined in RCW 9A.56.030, 9A.56.040,
9A.56.060, 9A.56.080, and 9A.56.083;
(f) Unlawful sale of subscription television services, as
defined in RCW 9A.56.230;
(g) Theft of telecommunication services or unlawful
manufacture of a telecommunication device, as defined in
RCW 9A.56.262 and 9A.56.264;
(h) Child selling or child buying, as defined in RCW
9A.64.030;
(i) Bribery, as defined in RCW 9A.68.010, 9A.68.020,
9A.68.040, and 9A.68.050;
(j) Gambling, as defined in RCW 9.46.220 and 9.46.215
and 9.46.217;
(k) Extortion, as defined in RCW 9A.56.120 and
9A.56.130;
(l) Unlawful production of payment instruments, unlawful possession of payment instruments, unlawful possession
of a personal identification device, unlawful possession of
fictitious identification, or unlawful possession of instruments of financial fraud, as defined in RCW 9A.56.320;
(m) Extortionate extension of credit, as defined in RCW
9A.82.020;
(n) Advancing money for use in an extortionate extension of credit, as defined in RCW 9A.82.030;
(o) Collection of an extortionate extension of credit, as
defined in RCW 9A.82.040;
(p) Collection of an unlawful debt, as defined in RCW
9A.82.045;
(q) Delivery or manufacture of controlled substances or
possession with intent to deliver or manufacture controlled
substances under chapter 69.50 RCW;
(r) Trafficking in stolen property, as defined in RCW
9A.82.050;
(s) Leading organized crime, as defined in RCW
9A.82.060;
(t) Money laundering, as defined in RCW 9A.83.020;
(u) Obstructing criminal investigations or prosecutions
in violation of RCW 9A.72.090, 9A.72.100, 9A.72.110,
9A.72.120, 9A.72.130, 9A.76.070, or 9A.76.180;
(v) Fraud in the purchase or sale of securities, as defined
in RCW 21.20.010;
(w) Promoting pornography, as defined in RCW
9.68.140;
(2010 Ed.)
9A.82.010
(x) Sexual exploitation of children, as defined in RCW
9.68A.040, 9.68A.050, and 9.68A.060;
(y) Promoting prostitution, as defined in RCW
9A.88.070 and 9A.88.080;
(z) Arson, as defined in RCW 9A.48.020 and 9A.48.030;
(aa) Assault, as defined in RCW 9A.36.011 and
9A.36.021;
(bb) Assault of a child, as defined in RCW 9A.36.120
and 9A.36.130;
(cc) A pattern of equity skimming, as defined in RCW
61.34.020;
(dd) Commercial telephone solicitation in violation of
RCW 19.158.040(1);
(ee) Trafficking in insurance claims, as defined in RCW
48.30A.015;
(ff) Unlawful practice of law, as defined in RCW
2.48.180;
(gg) Commercial bribery, as defined in RCW 9A.68.060;
(hh) Health care false claims, as defined in RCW
48.80.030;
(ii) Unlicensed practice of a profession or business, as
defined in RCW 18.130.190(7);
(jj) Improperly obtaining financial information, as
defined in RCW 9.35.010;
(kk) Identity theft, as defined in RCW 9.35.020;
(ll) Unlawful shipment of cigarettes in violation of
*RCW 70.155.105(6) (a) or (b);
(mm) Unlawful shipment of cigarettes in violation of
RCW 82.24.110(2);
(nn) Unauthorized sale or procurement of telephone
records in violation of RCW 9.26A.140;
(oo) Theft with the intent to resell, as defined in RCW
9A.56.340;
(pp) Organized retail theft, as defined in RCW
9A.56.350; or
(qq) Mortgage fraud, as defined in RCW 19.144.080.
(5) "Dealer in property" means a person who buys and
sells property as a business.
(6) "Debtor" means a person to whom an extension of
credit is made or a person who guarantees the repayment of
an extension of credit or in any manner undertakes to indemnify the creditor against loss resulting from the failure of a
person to whom an extension is made to repay the same.
(7) "Documentary material" means any book, paper,
document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data
compilation from which information can be obtained or from
which information can be translated into usable form, or
other tangible item.
(8) "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business trust, or other profit
or nonprofit legal entity, and includes any union, association,
or group of individuals associated in fact although not a legal
entity, and both illicit and licit enterprises and governmental
and nongovernmental entities.
(9) "Extortionate extension of credit" means an extension of credit with respect to which it is the understanding of
the creditor and the debtor at the time the extension is made
that delay in making repayment or failure to make repayment
could result in the use of violence or other criminal means to
[Title 9A RCW—page 73]
9A.82.020
Title 9A RCW: Washington Criminal Code
cause harm to the person, reputation, or property of any person.
(10) "Extortionate means" means the use, or an express
or implicit threat of use, of violence or other criminal means
to cause harm to the person, reputation, or property of any
person.
(11) "Financial institution" means any bank, trust company, savings and loan association, savings bank, mutual savings bank, credit union, or loan company under the jurisdiction of the state or an agency of the United States.
(12) "Pattern of criminal profiteering activity" means
engaging in at least three acts of criminal profiteering, one of
which occurred after July 1, 1985, and the last of which
occurred within five years, excluding any period of imprisonment, after the commission of the earliest act of criminal
profiteering. In order to constitute a pattern, the three acts
must have the same or similar intent, results, accomplices,
principals, victims, or methods of commission, or be otherwise interrelated by distinguishing characteristics including a
nexus to the same enterprise, and must not be isolated events.
However, in any civil proceedings brought pursuant to RCW
9A.82.100 by any person other than the attorney general or
county prosecuting attorney in which one or more acts of
fraud in the purchase or sale of securities are asserted as acts
of criminal profiteering activity, it is a condition to civil liability under RCW 9A.82.100 that the defendant has been
convicted in a criminal proceeding of fraud in the purchase or
sale of securities under RCW 21.20.400 or under the laws of
another state or of the United States requiring the same elements of proof, but such conviction need not relate to any act
or acts asserted as acts of criminal profiteering activity in
such civil action under RCW 9A.82.100.
(13) "Real property" means any real property or interest
in real property, including but not limited to a land sale contract, lease, or mortgage of real property.
(14) "Records" means any book, paper, writing, record,
computer program, or other material.
(15) "Repayment of an extension of credit" means the
repayment, satisfaction, or discharge in whole or in part of a
debt or claim, acknowledged or disputed, valid or invalid,
resulting from or in connection with that extension of credit.
(16) "Stolen property" means property that has been
obtained by theft, robbery, or extortion.
(17) "To collect an extension of credit" means to induce
in any way a person to make repayment thereof.
(18) "To extend credit" means to make or renew a loan or
to enter into an agreement, tacit or express, whereby the
repayment or satisfaction of a debt or claim, whether
acknowledged or disputed, valid or invalid, and however
arising, may or shall be deferred.
(19) "Traffic" means to sell, transfer, distribute, dispense, or otherwise dispose of stolen property to another person, or to buy, receive, possess, or obtain control of stolen
property, with intent to sell, transfer, distribute, dispense, or
otherwise dispose of the property to another person.
(20)(a) "Trustee" means:
(i) A person acting as a trustee under a trust established
under Title 11 RCW in which the trustee holds legal or record
title to real property;
(ii) A person who holds legal or record title to real property in which another person has a beneficial interest; or
[Title 9A RCW—page 74]
(iii) A successor trustee to a person who is a trustee
under (a)(i) or (ii) of this subsection.
(b) "Trustee" does not mean a person appointed or acting
as:
(i) A personal representative under Title 11 RCW;
(ii) A trustee of any testamentary trust;
(iii) A trustee of any indenture of trust under which a
bond is issued; or
(iv) A trustee under a deed of trust.
(21) "Unlawful debt" means any money or other thing of
value constituting principal or interest of a debt that is legally
unenforceable in the state in full or in part because the debt
was incurred or contracted:
(a) In violation of any one of the following:
(i) Chapter 67.16 RCW relating to horse racing;
(ii) Chapter 9.46 RCW relating to gambling;
(b) In a gambling activity in violation of federal law; or
(c) In connection with the business of lending money or
a thing of value at a rate that is at least twice the permitted
rate under the applicable state or federal law relating to usury.
[2008 c 108 § 24. Prior: 2006 c 277 § 5; 2006 c 193 § 2;
prior: 2003 c 119 § 6; 2003 c 113 § 3; 2003 c 53 § 85; prior:
2001 c 222 § 3; 2001 c 217 § 11; prior: 1999 c 143 § 40;
prior: 1995 c 285 § 34; 1995 c 92 § 5; 1994 c 218 § 17; prior:
1992 c 210 § 6; 1992 c 145 § 13; 1989 c 20 § 17; 1988 c 33 §
5; 1986 c 78 § 1; 1985 c 455 § 2; 1984 c 270 § 1.]
*Reviser’s note: RCW 70.155.105 was repealed by 2009 c 278 § 3.
Findings—2008 c 108: See RCW 19.144.005.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Additional notes found at www.leg.wa.gov
9A.82.020 Extortionate extension of credit. (1) A person who knowingly makes an extortionate extension of credit
is guilty of a class B felony.
(2) In a prosecution under this section, if it is shown that
all of the following factors are present in connection with the
extension of credit, there is prima facie evidence that the
extension of credit was extortionate:
(a) The repayment of the extension of credit, or the performance of any promise given in consideration thereof,
would be unenforceable at the time the extension of credit
was made through civil judicial processes against the debtor
in the county in which the debtor, if a natural person, resided
or in every county in which the debtor, if other than a natural
person, was incorporated or qualified to do business.
(b) The extension of credit was made at a rate of interest
in excess of an annual rate of forty-five percent calculated
according to the actuarial method of allocating payments
made on a debt between principal and interest, pursuant to
which a payment is applied first to the accumulated interest
and the balance is applied to the unpaid principal.
(c) The creditor intended the debtor to believe that failure to comply with the terms of the extension of credit would
be enforced by extortionate means.
(d) Upon the making of the extension of credit, the total
of the extensions of credit by the creditor to the debtor then
outstanding, including any unpaid interest or similar charges,
9A.82.020
(2010 Ed.)
Criminal Profiteering Act
exceeded one hundred dollars. [2001 c 222 § 4. Prior: 1985
c 455 § 3; 1984 c 270 § 2.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.030 Advancing money or property to be used
for extortionate credit. A person who advances money or
property, whether as a gift, loan, investment, or pursuant to a
partnership or profit-sharing agreement or otherwise, to any
person, with the knowledge that it is the intention of that person to use the money or property so advanced, directly or
indirectly, for the purpose of making extortionate extensions
of credit, is guilty of a class B felony. [2001 c 222 § 5. Prior:
1985 c 455 § 4; 1984 c 270 § 3.]
9A.82.030
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.040 Use of extortionate means to collect extensions of credit. A person who knowingly participates in any
way in the use of any extortionate means to collect or attempt
to collect any extensions of credit or to punish any person for
the nonrepayment thereof, is guilty of a class B felony. [2001
c 222 § 6. Prior: 1985 c 455 § 5; 1984 c 270 § 4.]
9A.82.040
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.045 Collection of unlawful debt. It is unlawful
for any person knowingly to collect any unlawful debt. A violation of this section is a class C felony. [2001 c 222 § 7.
Prior: 1985 c 455 § 6.]
9A.82.045
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.050 Trafficking in stolen property in the first
degree. (1) A person who knowingly initiates, organizes,
plans, finances, directs, manages, or supervises the theft of
property for sale to others, or who knowingly traffics in stolen property, is guilty of trafficking in stolen property in the
first degree.
(2) Trafficking in stolen property in the first degree is a
class B felony. [2003 c 53 § 86; 2001 c 222 § 8. Prior: 1984
c 270 § 5.]
9A.82.050
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.055 Trafficking in stolen property in the second degree. (1) A person who recklessly traffics in stolen
property is guilty of trafficking in stolen property in the second degree.
(2) Trafficking in stolen property in the second degree is
a class C felony. [2003 c 53 § 87.]
9A.82.055
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
9A.82.060 Leading organized crime. (1) A person
commits the offense of leading organized crime by:
(a) Intentionally organizing, managing, directing, supervising, or financing any three or more persons with the intent
to engage in a pattern of criminal profiteering activity; or
9A.82.060
(2010 Ed.)
9A.82.080
(b) Intentionally inciting or inducing others to engage in
violence or intimidation with the intent to further or promote
the accomplishment of a pattern of criminal profiteering
activity.
(2)(a) Leading organized crime as defined in subsection
(1)(a) of this section is a class A felony.
(b) Leading organized crime as defined in subsection
(1)(b) of this section is a class B felony. [2003 c 53 § 88;
2001 c 222 § 9. Prior: 1985 c 455 § 7; 1984 c 270 § 6.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.070 Influencing outcome of sporting event.
Whoever knowingly gives, promises, or offers to any professional or amateur baseball, football, hockey, polo, tennis,
horse race, or basketball player or boxer or any player or referee or other official who participates or expects to participate in any professional or amateur game or sport, or to any
manager, coach, or trainer of any team or participant or prospective participant in any such game, contest, or sport, any
benefit with intent to influence the person to lose or try to lose
or cause to be lost or to limit the person’s or person’s team’s
margin of victory or defeat, or in the case of a referee or other
official to affect the decisions or the performance of the official’s duties in any way, in a baseball, football, hockey, or
basketball game, boxing, tennis, horse race, or polo match, or
any professional or amateur sport or game, in which the
player or participant or referee or other official is taking part
or expects to take part, or has any duty or connection therewith, is guilty of a class C felony. [2001 c 222 § 10. Prior:
1984 c 270 § 7.]
9A.82.070
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.080 Use of proceeds of criminal profiteering—
Controlling enterprise or realty—Conspiracy or attempt.
(1)(a) It is unlawful for a person who has knowingly received
any of the proceeds derived, directly or indirectly, from a pattern of criminal profiteering activity to use or invest, whether
directly or indirectly, any part of the proceeds, or the proceeds derived from the investment or use thereof, in the
acquisition of any title to, or any right, interest, or equity in,
real property or in the establishment or operation of any
enterprise.
(b) A violation of this subsection is a class B felony.
(2)(a) It is unlawful for a person knowingly to acquire or
maintain, directly or indirectly, any interest in or control of
any enterprise or real property through a pattern of criminal
profiteering activity.
(b) A violation of this subsection is a class B felony.
(3)(a) It is unlawful for a person knowingly to conspire
or attempt to violate subsection (1) or (2) of this section.
(b) A violation of this subsection is a class C felony.
[2003 c 53 § 89; 2001 c 222 § 11. Prior: 1985 c 455 § 8; 1984
c 270 § 8.]
9A.82.080
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
[Title 9A RCW—page 75]
9A.82.085
Title 9A RCW: Washington Criminal Code
9A.82.085 Bars on certain prosecutions. In a criminal
prosecution alleging a violation of RCW 9A.82.060 or
9A.82.080, the state is barred from joining any offense other
than the offenses alleged to be part of the pattern of criminal
profiteering activity. When a defendant has been tried criminally for a violation of RCW 9A.82.060 or 9A.82.080, the
state is barred from subsequently charging the defendant with
an offense that was alleged to be part of the pattern of criminal profiteering activity for which he or she was tried. [2001
c 222 § 12. Prior: 1985 c 455 § 9.]
9A.82.085
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.090 Orders restraining criminal profiteering—When issued. During the pendency of any criminal
case charging a violation of RCW 9A.82.060 or 9A.82.080,
or an offense defined in RCW 9A.40.100, the superior court
may, in addition to its other powers, issue an order pursuant
to RCW 9A.82.100 (2) or (3). Upon conviction of a person
for a violation of RCW 9A.82.060 or 9A.82.080, or an
offense defined in RCW 9A.40.100, the superior court may,
in addition to its other powers of disposition, issue an order
pursuant to RCW 9A.82.100. [2003 c 267 § 5; 2001 c 222 §
13. Prior: 1985 c 455 § 10; 1984 c 270 § 9.]
9A.82.090
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.100 Remedies and procedures. (1)(a) A person
who sustains injury to his or her person, business, or property
by an act of criminal profiteering that is part of a pattern of
criminal profiteering activity, or by an offense defined in
RCW 9A.40.100, or by a violation of RCW 9A.82.060 or
9A.82.080 may file an action in superior court for the recovery of damages and the costs of the suit, including reasonable
investigative and attorney’s fees.
(b) The attorney general or county prosecuting attorney
may file an action: (i) On behalf of those persons injured or,
respectively, on behalf of the state or county if the entity has
sustained damages, or (ii) to prevent, restrain, or remedy a
pattern of criminal profiteering activity, or an offense defined
in RCW 9A.40.100, or a violation of RCW 9A.82.060 or
9A.82.080.
(c) An action for damages filed by or on behalf of an
injured person, the state, or the county shall be for the recovery of damages and the costs of the suit, including reasonable
investigative and attorney’s fees.
(d) In an action filed to prevent, restrain, or remedy a pattern of criminal profiteering activity, or an offense defined in
RCW 9A.40.100, or a violation of RCW 9A.82.060 or
9A.82.080, the court, upon proof of the violation, may
impose a civil penalty not exceeding two hundred fifty thousand dollars, in addition to awarding the cost of the suit,
including reasonable investigative and attorney’s fees.
(2) The superior court has jurisdiction to prevent,
restrain, and remedy a pattern of criminal profiteering, or an
offense defined in RCW 9A.40.100, or a violation of RCW
9A.82.060 or 9A.82.080 after making provision for the rights
of all innocent persons affected by the violation and after
hearing or trial, as appropriate, by issuing appropriate orders.
(3) Prior to a determination of liability, orders issued
under subsection (2) of this section may include, but are not
9A.82.100
[Title 9A RCW—page 76]
limited to, entering restraining orders or prohibitions or taking such other actions, including the acceptance of satisfactory performance bonds, in connection with any property or
other interest subject to damages, forfeiture, or other
restraints pursuant to this section as the court deems proper.
The orders may also include attachment, receivership, or
injunctive relief in regard to personal or real property pursuant to Title 7 RCW. In shaping the reach or scope of receivership, attachment, or injunctive relief, the superior court
shall provide for the protection of bona fide interests in property, including community property, of persons who were not
involved in the violation of this chapter, except to the extent
that such interests or property were acquired or used in such
a way as to be subject to forfeiture under RCW
9A.82.100(4)(f).
(4) Following a determination of liability, orders may
include, but are not limited to:
(a) Ordering any person to divest himself or herself of
any interest, direct or indirect, in any enterprise.
(b) Imposing reasonable restrictions on the future activities or investments of any person, including prohibiting any
person from engaging in the same type of endeavor as the
enterprise engaged in, the activities of which affect the laws
of this state, to the extent the Constitutions of the United
States and this state permit.
(c) Ordering dissolution or reorganization of any enterprise.
(d) Ordering the payment of actual damages sustained to
those persons injured by a violation of RCW 9A.82.060 or
9A.82.080, or an offense defined in RCW 9A.40.100, or an
act of criminal profiteering that is part of a pattern of criminal
profiteering, and in the court’s discretion, increasing the payment to an amount not exceeding three times the actual damages sustained.
(e) Ordering the payment of all costs and expenses of the
prosecution and investigation of a pattern of criminal profiteering, or an offense defined in RCW 9A.40.100, activity or
a violation of RCW 9A.82.060 or 9A.82.080, civil and criminal, incurred by the state or county, including any costs of
defense provided at public expense, as appropriate to the state
general fund or the antiprofiteering revolving fund of the
county.
(f) Ordering forfeiture first as restitution to any person
damaged by an act of criminal profiteering that is part of a
pattern of criminal profiteering, or by an offense defined in
RCW 9A.40.100, then to the state general fund or antiprofiteering revolving fund of the county, as appropriate, to the
extent not already ordered to be paid in other damages, of the
following:
(i) Any property or other interest acquired or maintained
in violation of RCW 9A.82.060 or 9A.82.080 to the extent of
the investment of funds, and any appreciation or income
attributable to the investment, from a violation of RCW
9A.82.060 or 9A.82.080.
(ii) Any property, contractual right, or claim against
property used to influence any enterprise that a person has
established, operated, controlled, conducted, or participated
in the conduct of, in violation of RCW 9A.82.060 or
9A.82.080.
(iii) All proceeds traceable to or derived from an offense
included in the pattern of criminal profiteering activity, or an
(2010 Ed.)
Criminal Profiteering Act
offense defined in RCW 9A.40.100, and all moneys, negotiable instruments, securities, and other things of value significantly used or intended to be used significantly to facilitate
commission of the offense.
(g) Ordering payment to the state general fund or antiprofiteering revolving fund of the county, as appropriate, of
an amount equal to the gain a person has acquired or maintained through an offense included in the definition of criminal profiteering.
(5) In addition to or in lieu of an action under this section, the attorney general or county prosecuting attorney may
file an action for forfeiture to the state general fund or antiprofiteering revolving fund of the county, as appropriate, to
the extent not already ordered paid pursuant to this section, of
the following:
(a) Any interest acquired or maintained by a person in
violation of RCW 9A.82.060 or 9A.82.080 to the extent of
the investment of funds obtained from a violation of RCW
9A.82.060 or 9A.82.080 and any appreciation or income
attributable to the investment.
(b) Any property, contractual right, or claim against
property used to influence any enterprise that a person has
established, operated, controlled, conducted, or participated
in the conduct of, in violation of RCW 9A.82.060 or
9A.82.080.
(c) All proceeds traceable to or derived from an offense
included in the pattern of criminal profiteering activity, or an
offense defined in RCW 9A.40.100, and all moneys, negotiable instruments, securities, and other things of value significantly used or intended to be used significantly to facilitate
the commission of the offense.
(6) A defendant convicted in any criminal proceeding is
precluded in any civil proceeding from denying the essential
allegations of the criminal offense proven in the criminal trial
in which the defendant was convicted. For the purposes of
this subsection, a conviction shall be deemed to have
occurred upon a verdict, finding, or plea of guilty, notwithstanding the fact that appellate review of the conviction and
sentence has been or may be sought. If a subsequent reversal
of the conviction occurs, any judgment that was based upon
that conviction may be reopened upon motion of the defendant.
(7) The initiation of civil proceedings under this section
shall be commenced within three years after discovery of the
pattern of criminal profiteering activity or after the pattern
should reasonably have been discovered or, in the case of an
offense that is defined in RCW 9A.40.100, within three years
after the final disposition of any criminal charges relating to
the offense, whichever is later.
(8) The attorney general or county prosecuting attorney
may, in a civil action brought pursuant to this section, file
with the clerk of the superior court a certificate stating that
the case is of special public importance. A copy of that certificate shall be furnished immediately by the clerk to the presiding chief judge of the superior court in which the action is
pending and, upon receipt of the copy, the judge shall immediately designate a judge to hear and determine the action.
The judge so designated shall promptly assign the action for
hearing, participate in the hearings and determination, and
cause the action to be expedited.
(2010 Ed.)
9A.82.110
(9) The standard of proof in actions brought pursuant to
this section is the preponderance of the evidence test.
(10) A person other than the attorney general or county
prosecuting attorney who files an action under this section
shall serve notice and one copy of the pleading on the attorney general within thirty days after the action is filed with the
superior court. The notice shall identify the action, the person, and the person’s attorney. Service of the notice does not
limit or otherwise affect the right of the state to maintain an
action under this section or intervene in a pending action nor
does it authorize the person to name the state or the attorney
general as a party to the action.
(11) Except in cases filed by a county prosecuting attorney, the attorney general may, upon timely application, intervene in any civil action or proceeding brought under this section if the attorney general certifies that in the attorney general’s opinion the action is of special public importance.
Upon intervention, the attorney general may assert any available claim and is entitled to the same relief as if the attorney
general had instituted a separate action.
(12) In addition to the attorney general’s right to intervene as a party in any action under this section, the attorney
general may appear as amicus curiae in any proceeding in
which a claim under this section has been asserted or in
which a court is interpreting RCW 9A.82.010, 9A.82.080,
9A.82.090, 9A.82.110, or 9A.82.120, or this section.
(13) A private civil action under this section does not
limit any other civil or criminal action under this chapter or
any other provision. Private civil remedies provided under
this section are supplemental and not mutually exclusive.
(14) Upon motion by the defendant, the court may authorize the sale or transfer of assets subject to an order or lien
authorized by this chapter for the purpose of paying actual
attorney’s fees and costs of defense. The motion shall specify the assets for which sale or transfer is sought and shall be
accompanied by the defendant’s sworn statement that the
defendant has no other assets available for such purposes. No
order authorizing such sale or transfer may be entered unless
the court finds that the assets involved are not subject to possible forfeiture under RCW 9A.82.100(4)(f). Prior to disposition of the motion, the court shall notify the state of the
assets sought to be sold or transferred and shall hear argument on the issue of whether the assets are subject to forfeiture under RCW 9A.82.100(4)(f). Such a motion may be
made from time to time and shall be heard by the court on an
expedited basis.
(15) In an action brought under subsection (1)(a) and
(b)(i) of this section, either party has the right to a jury trial.
[2003 c 267 § 6; 2001 c 222 § 14. Prior: 1989 c 271 § 111;
1985 c 455 § 11; 1984 c 270 § 10.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
Additional notes found at www.leg.wa.gov
9A.82.110 County antiprofiteering revolving funds.
(1) In an action brought by the attorney general on behalf of
the state under RCW 9A.82.100(1)(b)(i) in which the state
prevails, any payments ordered in excess of the actual damages sustained shall be deposited in the crime victims’ compensation account provided in RCW 7.68.045.
9A.82.110
[Title 9A RCW—page 77]
9A.82.120
Title 9A RCW: Washington Criminal Code
(2)(a) The county legislative authority may establish an
antiprofiteering revolving fund to be administered by the
county prosecuting attorney under the conditions and for the
purposes provided by this subsection. Disbursements from
the fund shall be on authorization of the county prosecuting
attorney. No appropriation is required for disbursements.
(b) Any prosecution and investigation costs, including
attorney’s fees, recovered for the state by the county prosecuting attorney as a result of enforcement of civil and criminal statutes pertaining to any offense included in the definition of criminal profiteering, whether by final judgment, settlement, or otherwise, shall be deposited, as directed by a
court of competent jurisdiction, in the fund established by
this subsection. In an action brought by a prosecuting attorney on behalf of the county under RCW 9A.82.100(1)(b)(i)
in which the county prevails, any payments ordered in excess
of the actual damages sustained shall be deposited in the
crime victims’ compensation account provided in RCW
7.68.045.
(c) The county legislative authority may prescribe a
maximum level of moneys in the antiprofiteering revolving
fund. Moneys exceeding the prescribed maximum shall be
transferred to the county current expense fund.
(d) The moneys in the fund shall be used by the county
prosecuting attorney for the investigation and prosecution of
any offense, within the jurisdiction of the county prosecuting
attorney, included in the definition of criminal profiteering,
including civil enforcement.
(e) If a county has not established an antiprofiteering
revolving fund, any payments or forfeitures ordered to the
county under this chapter shall be deposited to the county
current expense fund. [2010 c 122 § 4; 2009 c 479 § 11; 2001
c 222 § 15. Prior: 1985 c 455 § 12; 1984 c 270 § 11.]
Effective date—2009 c 479: See note following RCW 2.56.030.
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.120 Criminal profiteering lien—Authority,
procedures. (1) The state, upon filing a criminal action
under RCW 9A.82.060 or 9A.82.080 or for an offense
defined in RCW 9A.40.100, or a civil action under RCW
9A.82.100, may file in accordance with this section a criminal profiteering lien. A filing fee or other charge is not
required for filing a criminal profiteering lien.
(2) A criminal profiteering lien shall be signed by the
attorney general or the county prosecuting attorney representing the state in the action and shall set forth the following
information:
(a) The name of the defendant whose property or other
interests are to be subject to the lien;
(b) In the discretion of the attorney general or county
prosecuting attorney filing the lien, any aliases or fictitious
names of the defendant named in the lien;
(c) If known to the attorney general or county prosecuting attorney filing the lien, the present residence or principal
place of business of the person named in the lien;
(d) A reference to the proceeding pursuant to which the
lien is filed, including the name of the court, the title of the
action, and the court’s file number for the proceeding;
(e) The name and address of the attorney representing
the state in the proceeding pursuant to which the lien is filed;
9A.82.120
[Title 9A RCW—page 78]
(f) A statement that the notice is being filed pursuant to
this section;
(g) The amount that the state claims in the action or, with
respect to property or other interests that the state has
requested forfeiture to the state or county, a description of the
property or interests sought to be paid or forfeited;
(h) If known to the attorney general or county prosecuting attorney filing the lien, a description of property that is
subject to forfeiture to the state or property in which the
defendant has an interest that is available to satisfy a judgment entered in favor of the state; and
(i) Such other information as the attorney general or
county prosecuting attorney filing the lien deems appropriate.
(3) The attorney general or the county prosecuting attorney filing the lien may amend a lien filed under this section at
any time by filing an amended criminal profiteering lien in
accordance with this section that identifies the prior lien
amended.
(4) The attorney general or the county prosecuting attorney filing the lien shall, as soon as practical after filing a
criminal profiteering lien, furnish to any person named in the
lien a notice of the filing of the lien. Failure to furnish notice
under this subsection does not invalidate or otherwise affect a
criminal profiteering lien filed in accordance with this section.
(5)(a) A criminal profiteering lien is perfected against
interests in personal property in the same manner as a security interest in like property pursuant to RCW 62A.9A-301
through 62A.9A-316 or as otherwise required to perfect a
security interest in like property under applicable law. In the
case of perfection by filing, the state shall file, in lieu of a
financing statement in the form prescribed by RCW
62A.9A-502, a notice of lien in substantially the following
form:
NOTICE OF LIEN
Pursuant to RCW 9A.82.120, the state of Washington
claims a criminal profiteering lien on all real and personal
property of:
Name:
Address:
................
................
................
State of Washington
.......................
By (authorized signature)
On receipt of such a notice from the state, a filing officer
shall, without payment of filing fee, file and index the notice
as if it were a financing statement naming the state as secured
party and the defendant as debtor.
(b) A criminal profiteering lien is perfected against interests in real property by filing the lien in the office where a
mortgage on the real estate would be filed or recorded. The
filing officer shall file and index the criminal profiteering
lien, without payment of a filing fee, in the same manner as a
mortgage.
(6) The filing of a criminal profiteering lien in accordance with this section creates a lien in favor of the state in:
(a) Any interest of the defendant, in real property situated in the county in which the lien is filed, then maintained,
(2010 Ed.)
Criminal Profiteering Act
or thereafter acquired in the name of the defendant identified
in the lien;
(b) Any interest of the defendant, in personal property
situated in this state, then maintained or thereafter acquired in
the name of the defendant identified in the lien; and
(c) Any property identified in the lien to the extent of the
defendant’s interest therein.
(7) The lien created in favor of the state in accordance
with this section, when filed or otherwise perfected as provided in subsection (5) of this section, has, with respect to
any of the property described in subsection (6) of this section,
the same priority determined pursuant to the laws of this state
as a mortgage or security interest given for value (but not a
purchase money security interest) and perfected in the same
manner with respect to such property; except that any lien
perfected pursuant to Title 60 RCW by any person who, in
the ordinary course of his or her business, furnishes labor,
services, or materials, or rents, leases, or otherwise supplies
equipment, without knowledge of the criminal profiteering
lien, is superior to the criminal profiteering lien.
(8) Upon entry of judgment in favor of the state, the state
may proceed to execute thereon as in the case of any other
judgment, except that in order to preserve the state’s lien priority as provided in this section the state shall, in addition to
such other notice as is required by law, give at least thirty
days’ notice of the execution to any person possessing at the
time the notice is given, an interest recorded subsequent to
the date the state’s lien was perfected.
(9) Upon the entry of a final judgment in favor of the
state providing for forfeiture of property to the state, the title
of the state to the property:
(a) In the case of real property or a beneficial interest in
real property, relates back to the date of filing the criminal
profiteering lien or, if no criminal profiteering lien is filed,
then to the date of recording of the final judgment or the
abstract thereof; or
(b) In the case of personal property or a beneficial interest in personal property, relates back to the date the personal
property was seized by the state, or the date of filing of a
criminal profiteering lien in accordance with this section,
whichever is earlier, but if the property was not seized and no
criminal profiteering lien was filed then to the date the final
judgment was filed with the department of licensing and, if
the personal property is an aircraft, with the federal aviation
administration.
(10) This section does not limit the right of the state to
obtain any order or injunction, receivership, writ, attachment,
garnishment, or other remedy authorized under RCW
9A.82.100 or appropriate to protect the interests of the state
or available under other applicable law.
(11) In a civil or criminal action under this chapter, the
superior court shall provide for the protection of bona fide
interests in property, including community property, subject
to liens of persons who were not involved in the violation of
this chapter, except to the extent that such interests or property were acquired or used in such a way as to be subject to
forfeiture pursuant to RCW 9A.82.100(4)(f). [2003 c 267 §
7; 2001 c 222 § 16. Prior: 1985 c 455 § 13; 1984 c 270 § 12.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
(2010 Ed.)
9A.82.140
9A.82.130 Criminal profiteering lien—Trustee of
real property. (1) A trustee who is personally served in the
manner provided for service of legal process with written
notice that a lien notice has been recorded or a civil proceeding or criminal proceeding has been instituted under this
chapter against any person for whom the trustee holds legal
or record title to real property, shall immediately furnish to
the attorney general or county prosecuting attorney the following:
(a) The name and address of the person, as known to the
trustee;
(b) To the extent known to the trustee, the name and
address of all other persons for whose benefit the trustee
holds title to the real property; and
(c) If requested by the attorney general or county prosecuting attorney, a copy of the trust agreement or other instrument under which the trustee holds legal or record title to the
real property.
(2) The recording of a lien notice shall not constitute a
lien on the record title to real property owned by a trustee at
the time of recording except to the extent that trustee is
named in and served with the lien notice as provided in subsection (1) of this section. The attorney general or county
prosecuting attorney may bring a civil proceeding in superior
court against the trustee to recover from the trustee the
amounts set forth in RCW 9A.82.150. In addition to amounts
recovered under RCW 9A.82.150, the attorney general or
county prosecuting attorney also may recover its investigative costs and attorneys’ fees.
(3) The recording of a lien notice does not affect the use
to which real property or a beneficial interest owned by the
person named in the lien notice may be put or the right of the
person to receive any avails, rents, or other proceeds resulting
from the use and ownership except the sale of the property,
until a judgment of forfeiture is entered.
(4) This section does not apply to any conveyance by a
trustee under a court order unless the court order is entered in
an action between the trustee and the beneficiary.
(5) Notwithstanding that a trustee is served with notice
as provided in subsection (1) of this section, this section does
not apply to a conveyance by a trustee required under the
terms of any trust agreement in effect before service of such
notice on the trustee. [2001 c 222 § 17. Prior: 1985 c 455 §
14; 1984 c 270 § 13.]
9A.82.130
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.140 Criminal profiteering lien—Procedures
after notice. (1) The term of a lien notice shall be six years
from the date the lien notice is recorded. If a renewal lien
notice is filed by the attorney general or county prosecuting
attorney, the term of the renewal lien notice shall be for six
years from the date the renewal lien notice is recorded. The
attorney general or county prosecuting attorney is entitled to
only one renewal of the lien notice.
(2) The attorney general or county prosecuting attorney
filing the lien notice may release in whole or in part any lien
notice or may release any specific property or beneficial
interest from the lien notice upon such terms and conditions
as the attorney general or county prosecuting attorney considers appropriate and shall release any lien upon the dismissal
9A.82.140
[Title 9A RCW—page 79]
9A.82.150
Title 9A RCW: Washington Criminal Code
of the action which is the basis of the lien or satisfaction of
the judgment of the court in the action or other final disposition of the claim evidenced by the lien. A release of a lien
notice executed by the attorney general or county prosecuting
attorney shall be recorded in the official records in which the
lien notice covering that property was recorded. No charge or
fee may be imposed for recording any release of a lien notice.
(3)(a) A person named in the lien notice may move the
court in which the civil proceeding giving rise to the lien
notice is pending for an order extinguishing the lien notice.
(b) Upon the motion of a person under (a) of this subsection, the court immediately shall enter an order setting a date
for hearing, which shall be not less than five nor more than
ten days after the motion is filed. The order and a copy of the
motion shall be served on the attorney general or county prosecuting attorney within three days after the entry of the
court’s order. At the hearing, the court shall take evidence on
the issue of whether any property or beneficial interest owned
by the person is covered by the lien notice or otherwise subject to forfeiture under RCW 9A.82.120. If the person shows
by a preponderance of the evidence that the lien notice is not
applicable to the person or that any property or beneficial
interest owned by the person is not subject to forfeiture under
RCW 9A.82.120, the court shall enter a judgment extinguishing the lien notice or releasing the property or beneficial
interest from the lien notice.
(c) The court may enter an order releasing from the lien
notice any specific real property or beneficial interest if, at
the time the lien notice is recorded, there is pending an arms
length sale of the real property or beneficial interest in which
the parties are under no undue compulsion to sell or buy and
are able, willing, and reasonably well informed and the sale is
for the fair market value of the real property or beneficial
interest and the recording of the lien notice prevents the sale
of the property or interest. The proceeds resulting from the
sale of the real property or beneficial interest shall be deposited with the court, subject to the further order of the court.
(d) At any time after filing of a lien, the court may
release from the lien any property upon application by the
defendant and posting of security equal to the value of the
property to be released. [2001 c 222 § 18. Prior: 1985 c 455
§ 15; 1984 c 270 § 14.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.150 Criminal profiteering lien—Conveyance
of property by trustee, liability. (1) If a trustee conveys
title to real property for which, at the time of the conveyance,
the trustee has been personally served with notice as provided
in RCW 9A.82.130(1) of a lien under this chapter, the trustee
shall be liable to the state for the greater of:
(a) The amount of proceeds received by the person
named in the lien notice as a result of the conveyance;
(b) The amount of proceeds received by the trustee as a
result of the conveyance and distributed by the trustee to the
person named in the lien notice; or
(c) The fair market value of the interest of the person
named in the lien notice in the real property so conveyed.
(2) If the trustee conveys the real property for which a
lien notice has been served on the trustee at the time of the
conveyance and holds the proceeds that would otherwise be
9A.82.150
[Title 9A RCW—page 80]
paid or distributed to the beneficiary or at the direction of the
beneficiary or beneficiary’s designee, the trustee’s liability
shall not exceed the amount of the proceeds so held so long as
the trustee continues to hold the proceeds. [2001 c 222 § 19.
Prior: 1985 c 455 § 16; 1984 c 270 § 15.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.160 Criminal profiteering lien—Trustee’s failure to comply, evasion of procedures or lien. (1) A trustee
who knowingly fails to comply with RCW 9A.82.130(1) is
guilty of a gross misdemeanor.
(2) A trustee who conveys title to real property after service of the notice as provided in RCW 9A.82.130(1) with the
intent to evade the provisions of RCW 9A.82.100 or
9A.82.120 with respect to such property is guilty of a class C
felony. [2003 c 53 § 90; 2001 c 222 § 20. Prior: 1985 c 455
§ 17; 1984 c 270 § 16.]
9A.82.160
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.170 Financial institution records—Inspection
and copying—Wrongful disclosure. (1) Upon request of
the attorney general or prosecuting attorney, a subpoena for
the production of records of a financial institution may be
signed and issued by a superior court judge if there is reason
to believe that an act of criminal profiteering or a violation of
RCW 9A.82.060 or 9A.82.080 has occurred or is occurring
and that the records sought will materially aid in the investigation of such activity or appears reasonably calculated to
lead to the discovery of information that will do so. The subpoena shall be served on the financial institution as in civil
actions. The court may, upon motion timely made and in any
event before the time specified for compliance with the subpoena, condition compliance upon advancement by the attorney general or prosecuting attorney of the reasonable costs of
producing the records specified in the subpoena.
(2) A response to a subpoena issued under this section is
sufficient if a copy or printout, duly authenticated by an
officer of the financial institution as a true and correct copy or
printout of its records, is provided, unless otherwise provided
in the subpoena for good cause shown.
(3) Except as provided in this subsection, a financial
institution served with a subpoena under this section shall not
disclose to the customer the fact that a subpoena seeking
records relating to the customer has been served. A judge of
the superior court may order the attorney general, prosecuting
attorney, or financial institution to advise the financial institution’s customer of the subpoena. Unless ordered to do so by
the court, disclosure of the subpoena by the financial institution or any of its employees to the customer is a misdemeanor.
(4) A financial institution shall be reimbursed in an
amount set by the court for reasonable costs incurred in providing information pursuant to this section.
(5) This section does not preclude the use of other legally
authorized means of obtaining records, nor preclude the
assertion of any legally recognized privileges.
9A.82.170
(2010 Ed.)
Money Laundering
(6) Disclosure by the attorney general, county prosecuting attorney, or any peace officer or other person designated
by the attorney general or the county prosecuting attorney, of
information obtained under this section, except in the proper
discharge of official duties, is punishable as a misdemeanor.
(7) Upon filing of any civil or criminal action, the nondisclosure requirements of any subpoena or order under this
section shall terminate, and the attorney general or prosecuting attorney filing the action shall provide to the defendant
copies of all subpoenas or other orders issued under this section.
(8) A financial institution shall not be civilly liable for
harm resulting from its compliance with the provisions of this
chapter. [2001 c 222 § 21. Prior: 1985 c 455 § 18; 1984 c
270 § 17.]
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.900 Severability—1984 c 270. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2001 c 222 § 22. Prior: 1984 c 270 § 20.]
9A.82.900
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.901 Effective date—1984 c 270 as amended by
1985 c 455. Sections 12, 13, 14, 15, and 16, chapter 270,
Laws of 1984 as amended by sections 13, 14, 15, 16, and 17
of this 1985 act shall take effect on July 1, 1986, and the
remainder of chapter 270, Laws of 1984 shall take effect on
July 1, 1985. [2001 c 222 § 23. Prior: 1985 c 455 § 20; 1984
c 270 § 21.]
9A.82.901
Purpose—Effective date—2001 c 222: See notes following RCW
9A.82.001.
9A.82.902 Effective date—1985 c 455. With the
exception of sections 13, 14, 15, 16, and 17 of this act, this act
is necessary for the immediate preservation of the public
peace, health, and safety, the support of the state government
and its existing public institutions, and shall take effect July
1, 1985. [1985 c 455 § 21.]
9A.82.902
9A.82.904 Severability—1985 c 455. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 455 § 23.]
9A.82.904
Chapter 9A.83
Chapter 9A.83 RCW
MONEY LAUNDERING
Sections
9A.83.010
9A.83.020
9A.83.030
9A.83.040
Definitions.
Money laundering.
Seizure and forfeiture.
Release from liability.
9A.83.010 Definitions. The definitions set forth in this
section apply throughout this chapter.
9A.83.010
(2010 Ed.)
9A.83.020
(1) "Conducts a financial transaction" includes initiating,
concluding, or participating in a financial transaction.
(2) "Financial institution" means a bank, savings bank,
credit union, or savings and loan institution.
(3) "Financial transaction" means a purchase, sale, loan,
pledge, gift, transfer, transmission, delivery, trade, deposit,
withdrawal, payment, transfer between accounts, exchange
of currency, extension of credit, or any other acquisition or
disposition of property, by whatever means effected.
(4) "Knows the property is proceeds of specified unlawful activity" means believing based upon the representation
of a law enforcement officer or his or her agent, or knowing
that the property is proceeds from some form, though not
necessarily which form, of specified unlawful activity.
(5) "Proceeds" means any interest in property directly or
indirectly acquired through or derived from an act or omission, and any fruits of this interest, in whatever form.
(6) "Property" means anything of value, whether real or
personal, tangible or intangible.
(7) "Specified unlawful activity" means an offense committed in this state that is a class A or B felony under Washington law or that is listed as "criminal profiteering" in RCW
9A.82.010, or an offense committed in any other state that is
punishable under the laws of that state by more than one year
in prison, or an offense that is punishable under federal law
by more than one year in prison. [1999 c 143 § 41; 1992 c
210 § 1.]
9A.83.020 Money laundering. (1) A person is guilty of
money laundering when that person conducts or attempts to
conduct a financial transaction involving the proceeds of
specified unlawful activity and:
(a) Knows the property is proceeds of specified unlawful
activity; or
(b) Knows that the transaction is designed in whole or in
part to conceal or disguise the nature, location, source, ownership, or control of the proceeds, and acts recklessly as to
whether the property is proceeds of specified unlawful activity; or
(c) Knows that the transaction is designed in whole or in
part to avoid a transaction reporting requirement under federal law.
(2) In consideration of the constitutional right to counsel
afforded by the Fifth and Sixth amendments to the United
States Constitution and Article 1, Section 22 of the Constitution of Washington, an additional proof requirement is
imposed when a case involves a licensed attorney who
accepts a fee for representing a client in an actual criminal
investigation or proceeding. In these situations, the prosecution is required to prove that the attorney accepted proceeds
of specified unlawful activity with intent:
(a) To conceal or disguise the nature, location, source,
ownership, or control of the proceeds, knowing the property
is proceeds of specified unlawful activity; or
(b) To avoid a transaction reporting requirement under
federal law.
The proof required by this subsection is in addition to the
requirements contained in subsection (1) of this section.
(3) An additional proof requirement is imposed when a
case involves a financial institution and one or more of its
employees. In these situations, the prosecution is required to
9A.83.020
[Title 9A RCW—page 81]
9A.83.030
Title 9A RCW: Washington Criminal Code
prove that proceeds of specified unlawful activity were
accepted with intent:
(a) To conceal or disguised [disguise] the nature, location, source, ownership, or control of the proceeds, knowing
the property is proceeds of specified unlawful activity; or
(b) To avoid a transaction reporting requirement under
federal law.
The proof required by this subsection is in addition to the
requirements contained in subsection (1) of this section.
(4) Money laundering is a class B felony.
(5) A person who violates this section is also liable for a
civil penalty of twice the value of the proceeds involved in
the financial transaction and for the costs of the suit, including reasonable investigative and attorneys’ fees.
(6) Proceedings under this chapter shall be in addition to
any other criminal penalties, civil penalties, or forfeitures
authorized under state law. [1992 c 210 § 2.]
9A.83.030 Seizure and forfeiture. (1) Proceeds traceable to or derived from specified unlawful activity or a violation of RCW 9A.83.020 are subject to seizure and forfeiture.
The attorney general or county prosecuting attorney may file
a civil action for the forfeiture of proceeds. Unless otherwise
provided for under this section, no property rights exist in
these proceeds. All right, title, and interest in the proceeds
shall vest in the governmental entity of which the seizing law
enforcement agency is a part upon commission of the act or
omission giving rise to forfeiture under this section.
(2) Real or personal property subject to forfeiture under
this chapter may be seized by any law enforcement officer of
this state upon process issued by a superior court that has
jurisdiction over the property. Any agency seizing real property shall file a lis pendens concerning the property. Real
property seized under this section shall not be transferred or
otherwise conveyed until ninety days after seizure or until a
judgment of forfeiture is entered, whichever is later. Real
property seized under this section may be transferred or conveyed to any person or entity who acquires title by foreclosure or deed in lieu of foreclosure of a security interest. Seizure of personal property without process may be made if:
(a) The seizure is incident to an arrest or a search under a
search warrant or an inspection under an administrative
inspection warrant issued pursuant to RCW 69.50.502; or
(b) The property subject to seizure has been the subject
of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter.
(3) A seizure under subsection (2) of this section commences proceedings for forfeiture. The law enforcement
agency under whose authority the seizure was made shall
cause notice of the seizure and intended forfeiture of the
seized proceeds to be served within fifteen days after the seizure on the owner of the property seized and the person in
charge thereof and any person who has a known right or
interest therein, including a community property interest.
Service of notice of seizure of real property shall be made
according to the rules of civil procedure. However, the state
may not obtain a default judgment with respect to real property against a party who is served by substituted service
absent an affidavit stating that a good faith effort has been
made to ascertain if the defaulted party is incarcerated within
the state, and that there is no present basis to believe that the
9A.83.030
[Title 9A RCW—page 82]
party is incarcerated within the state. The notice of seizure in
other cases may be served by any method authorized by law
or court rule including but not limited to service by certified
mail with return receipt requested. Service by mail is complete upon mailing within the fifteen-day period after the seizure.
(4) If no person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of the property within forty-five days of the seizure in the case of personal property and ninety days in the
case of real property, the property seized shall be deemed forfeited. The community property interest in real property of a
person whose spouse or domestic partner committed a violation giving rise to seizure of the real property may not be forfeited if the person did not participate in the violation.
(5) If a person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of property within forty-five days of the seizure
in the case of personal property and ninety days in the case of
real property, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The
provisions of RCW 69.50.505(5) shall apply to any such
hearing. The seizing law enforcement agency shall promptly
return property to the claimant upon the direction of the
administrative law judge or court.
(6) Disposition of forfeited property shall be made in the
manner provided for in RCW 69.50.505 (8) through (10) and
(14). [2008 c 6 § 630; 2001 c 168 § 2; 1992 c 210 § 3.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Severability—2001 c 168: See note following RCW 69.50.505.
9A.83.040 Release from liability. No liability is
imposed by this chapter upon any authorized state, county, or
municipal officer engaged in the lawful performance of his
duties, or upon any person who reasonably believes that he is
acting at the direction of such officer and that the officer is
acting in the lawful performance of his duties. [1992 c 210 §
4.]
9A.83.040
Chapter 9A.84
Chapter 9A.84 RCW
PUBLIC DISTURBANCE
Sections
9A.84.010
9A.84.020
9A.84.030
9A.84.040
Riot.
Failure to disperse.
Disorderly conduct.
False reporting.
9A.84.010 Riot. (1) A person is guilty of the crime of
riot if, acting with three or more other persons, he or she
knowingly and unlawfully uses or threatens to use force, or in
any way participates in the use of such force, against any
other person or against property.
(2)(a) Except as provided in (b) of this subsection, the
crime of riot is a gross misdemeanor.
(b) The crime of riot is a class C felony if the actor is
armed with a deadly weapon. [2003 c 53 § 91; 1975 1st ex.s.
c 260 § 9A.84.010.]
9A.84.010
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
(2010 Ed.)
Indecent Exposure—Prostitution
9A.84.020 Failure to disperse. (1) A person is guilty of
failure to disperse if:
(a) He congregates with a group of three or more other
persons and there are acts of conduct within that group which
create a substantial risk of causing injury to any person, or
substantial harm to property; and
(b) He refuses or fails to disperse when ordered to do so
by a peace officer or other public servant engaged in enforcing or executing the law.
(2) Failure to disperse is a misdemeanor. [1975 1st ex.s.
c 260 § 9A.84.020.]
9A.84.020
9A.84.030 Disorderly conduct. (1) A person is guilty
of disorderly conduct if the person:
(a) Uses abusive language and thereby intentionally creates a risk of assault;
(b) Intentionally disrupts any lawful assembly or meeting of persons without lawful authority;
(c) Intentionally obstructs vehicular or pedestrian traffic
without lawful authority; or
(d)(i) Intentionally engages in fighting or in tumultuous
conduct or makes unreasonable noise, within five hundred
feet of:
(A) The location where a funeral or burial is being performed;
(B) A funeral home during the viewing of a deceased
person;
(C) A funeral procession, if the person described in this
subsection (1)(d) knows that the funeral procession is taking
place; or
(D) A building in which a funeral or memorial service is
being conducted; and
(ii) Knows that the activity adversely affects the funeral,
burial, viewing, funeral procession, or memorial service.
(2) Disorderly conduct is a misdemeanor. [2007 c 2 § 1;
1975 1st ex.s. c 260 § 9A.84.030.]
9A.84.030
Effective date—2007 c 2: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[February 2, 2007]." [2007 c 2 § 2.]
9A.88.080
9A.88.085
9A.88.090
9A.88.110
9A.88.120
9A.88.130
9A.88.140
9A.88.060
Promoting prostitution in the second degree.
Promoting travel for prostitution.
Permitting prostitution.
Patronizing a prostitute.
Additional fee assessments.
Additional requirements.
Vehicle impoundment—Fees and fine.
Obscenity: Chapter 9.68 RCW.
9A.88.010 Indecent exposure. (1) A person is guilty of
indecent exposure if he or she intentionally makes any open
and obscene exposure of his or her person or the person of
another knowing that such conduct is likely to cause reasonable affront or alarm. The act of breastfeeding or expressing
breast milk is not indecent exposure.
(2)(a) Except as provided in (b) and (c) of this subsection, indecent exposure is a misdemeanor.
(b) Indecent exposure is a gross misdemeanor on the first
offense if the person exposes himself or herself to a person
under the age of fourteen years.
(c) Indecent exposure is a class C felony if the person has
previously been convicted under this section or of a sex
offense as defined in RCW 9.94A.030. [2003 c 53 § 92; 2001
c 88 § 2; 1990 c 3 § 904; 1987 c 277 § 1; 1975 1st ex.s. c 260
§ 9A.88.010.]
9A.88.010
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Acknowledgment—Declaration—Findings—2001 c 88: See note
following RCW 43.70.640.
Additional notes found at www.leg.wa.gov
9A.88.030 Prostitution. (1) A person is guilty of prostitution if such person engages or agrees or offers to engage
in sexual conduct with another person in return for a fee.
(2) For purposes of this section, "sexual conduct" means
"sexual intercourse" or "sexual contact," both as defined in
chapter 9A.44 RCW.
(3) Prostitution is a misdemeanor. [1988 c 145 § 16;
1979 ex.s. c 244 § 15; 1975 1st ex.s. c 260 § 9A.88.030.]
9A.88.030
Additional notes found at www.leg.wa.gov
9A.88.050 Prostitution—Sex of parties immaterial—
No defense. In any prosecution for prostitution, the sex of
the two parties or prospective parties to the sexual conduct
engaged in, contemplated, or solicited is immaterial, and it is
no defense that:
(1) Such persons were of the same sex; or
(2) The person who received, agreed to receive, or solicited a fee was a male and the person who paid or agreed or
offered to pay such fee was female. [1975 1st ex.s. c 260 §
9A.88.050.]
9A.88.050
9A.84.040 False reporting. (1) A person is guilty of
false reporting if with knowledge that the information
reported, conveyed or circulated is false, he initiates or circulates a false report or warning of an alleged occurrence or
impending occurrence of a fire, explosion, crime, catastrophe, or emergency knowing that such false report is likely to
cause evacuation of a building, place of assembly, or transportation facility, or to cause public inconvenience or alarm.
(2) False reporting is a gross misdemeanor. [1975 1st
ex.s. c 260 § 9A.84.040.]
9A.84.040
9A.88.060 Promoting prostitution—Definitions. The
following definitions are applicable in RCW 9A.88.070
through 9A.88.090:
(1) "Advances prostitution." A person "advances prostitution" if, acting other than as a prostitute or as a customer
thereof, he causes or aids a person to commit or engage in
prostitution, procures or solicits customers for prostitution,
provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a
prostitution enterprise, or engages in any other conduct
9A.88.060
Chapter 9A.88 RCW
INDECENT EXPOSURE—PROSTITUTION
Chapter 9A.88
(Formerly: Public indecency—Prostitution)
Sections
9A.88.010
9A.88.030
9A.88.050
9A.88.060
9A.88.070
(2010 Ed.)
Indecent exposure.
Prostitution.
Prostitution—Sex of parties immaterial—No defense.
Promoting prostitution—Definitions.
Promoting prostitution in the first degree.
[Title 9A RCW—page 83]
9A.88.070
Title 9A RCW: Washington Criminal Code
designed to institute, aid, or facilitate an act or enterprise of
prostitution.
(2) "Profits from prostitution." A person "profits from
prostitution" if, acting other than as a prostitute receiving
compensation for personally rendered prostitution services,
he accepts or receives money or other property pursuant to an
agreement or understanding with any person whereby he participates or is to participate in the proceeds of prostitution
activity. [1975 1st ex.s. c 260 § 9A.88.060.]
9A.88.070 Promoting prostitution in the first degree.
(1) A person is guilty of promoting prostitution in the first
degree if he or she knowingly advances prostitution by compelling a person by threat or force to engage in prostitution or
profits from prostitution which results from such threat or
force.
(2) Promoting prostitution in the first degree is a class B
felony. [2007 c 368 § 13; 1975 1st ex.s. c 260 § 9A.88.070.]
9A.88.070
9A.88.080 Promoting prostitution in the second
degree. (1) A person is guilty of promoting prostitution in
the second degree if he knowingly:
(a) Profits from prostitution; or
(b) Advances prostitution.
(2) Promoting prostitution in the second degree is a class
C felony. [1975 1st ex.s. c 260 § 9A.88.080.]
9A.88.080
9A.88.085 Promoting travel for prostitution. (1) A
person commits the offense of promoting travel for prostitution if the person knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be patronizing a prostitute or promoting
prostitution, if occurring in the state.
(2) For purposes of this section, "travel services" has the
same meaning as defined in RCW 19.138.021.
(3) Promoting travel for prostitution is a class C felony.
[2006 c 250 § 2.]
9A.88.085
Finding—2006 c 250: "The legislature finds that the sex industry has
rapidly expanded over the past several decades. It involves sexual exploitation of persons, predominantly women and girls, including activities relating
to prostitution, pornography, sex tourism, and other commercial sexual services. Prostitution and related activities contribute to the trafficking in persons, as does sex tourism. Therefore, discouraging sex tourism is key to
reducing the demand for sex trafficking.
While prostitution is illegal in developing nations that are the primary
destination of sex tourism, sex tourism is a major component of the local
economy. The laws target female workers rather than the male customers,
and economic opportunities for females are limited. Developed nations create the demand for sex tourism, yet often fail to criminalize the practice, or
the existing laws fail to specifically target the sellers of travel who organize,
facilitate, and promote sex tourism." [2006 c 250 § 1.]
9A.88.090 Permitting prostitution. (1) A person is
guilty of permitting prostitution if, having possession or control of premises which he knows are being used for prostitution purposes, he fails without lawful excuse to make reasonable effort to halt or abate such use.
(2) Permitting prostitution is a misdemeanor. [1975 1st
ex.s. c 260 § 9A.88.090.]
9A.88.090
9A.88.110 Patronizing a prostitute. (1) A person is
guilty of patronizing a prostitute if:
9A.88.110
[Title 9A RCW—page 84]
(a) Pursuant to a prior understanding, he or she pays a fee
to another person as compensation for such person or a third
person having engaged in sexual conduct with him or her; or
(b) He or she pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such
person will engage in sexual conduct with him or her; or
(c) He or she solicits or requests another person to
engage in sexual conduct with him or her in return for a fee.
(2) For purposes of this section, "sexual conduct" has the
meaning given in RCW 9A.88.030.
(3) Patronizing a prostitute is a misdemeanor. [1988 c
146 § 4.]
Additional notes found at www.leg.wa.gov
9A.88.120 Additional fee assessments. (1)(a) In addition to penalties set forth in RCW 9A.88.010, 9A.88.030, and
9A.88.090, a person who is either convicted or given a
deferred sentence or a deferred prosecution or who has
entered into a statutory or nonstatutory diversion agreement
as a result of an arrest for violating RCW 9A.88.010,
9A.88.030, 9A.88.090, or comparable county or municipal
ordinances shall be assessed a fifty dollar fee.
(b) In addition to penalties set forth in RCW 9A.88.110,
a person who is either convicted or given a deferred sentence
or a deferred prosecution or who has entered into a statutory
or nonstatutory diversion agreement as a result of an arrest
for violating RCW 9A.88.110 or a comparable county or
municipal ordinance shall be assessed a one hundred fifty
dollar fee.
(c) In addition to penalties set forth in RCW 9A.88.070
and 9A.88.080, a person who is either convicted or given a
deferred sentence or a deferred prosecution or who has
entered into a statutory or nonstatutory diversion agreement
as a result of an arrest for violating RCW 9A.88.070,
9A.88.080, or comparable county or municipal ordinances
shall be assessed a three hundred dollar fee.
(2) The court may not suspend payment of all or part of
the fee unless it finds that the person does not have the ability
to pay.
(3) When a minor has been adjudicated a juvenile
offender or has entered into a statutory or nonstatutory diversion agreement for an offense which, if committed by an
adult, would constitute a violation under this chapter or comparable county or municipal ordinances, the court shall assess
the fee as specified under subsection (1) of this section. The
court may not suspend payment of all or part of the fee unless
it finds that the minor does not have the ability to pay the fee.
(4) Any fee assessed under this section shall be collected
by the clerk of the court and distributed each month to the
state treasurer for deposit in the prostitution prevention and
intervention account under RCW 43.63A.740 for the purpose
of funding prostitution prevention and intervention activities.
(5) For the purposes of this section:
(a) "Statutory or nonstatutory diversion agreement"
means an agreement under RCW 13.40.080 or any written
agreement between a person accused of an offense listed in
subsection (1) of this section and a court, county, or city prosecutor, or designee thereof, whereby the person agrees to fulfill certain conditions in lieu of prosecution.
9A.88.120
(2010 Ed.)
Laws Repealed
(b) "Deferred sentence" means a sentence that will not be
carried out if the defendant meets certain requirements, such
as complying with the conditions of probation. [2007 c 368 §
12; 1995 c 353 § 13.]
9A.88.130 Additional requirements. (1) When sentencing or imposing conditions on a person convicted of, or
receiving a deferred sentence or deferred prosecution for,
violating RCW 9A.88.110 or 9.68A.100, the court must
impose a requirement that the offender:
(a) Not be subsequently arrested for patronizing a prostitute or *patronizing a juvenile prostitute; and
(b) Remain outside the geographical area, prescribed by
the court, in which the person was arrested for violating
RCW 9A.88.110 or 9.68A.100, unless such a requirement
would interfere with the person’s legitimate employment or
residence or otherwise be infeasible.
(2) This requirement is in addition to the penalties set
forth in RCW 9A.88.110, 9A.88.120, and 9.68A.100. [1999
c 327 § 2.]
9A.88.130
*Reviser’s note: The term "patronizing a juvenile prostitute" was
changed to "commercial sexual abuse of a minor" by 2007 c 368 § 2.
Findings—Intent—1999 c 327: "The legislature finds that most law
enforcement effort to prevent prostitution is directed at punishing prostitutes.
The legislature also finds that many patrons of prostitutes use motor vehicles
in order to obtain the services of prostitutes and that successful prevention of
prostitution involves efforts to curtail the demand for services offered by
prostitutes. It is the intent of the legislature to decrease the demand for prostitution services and thereby eliminate the economic foundation for the prostitution industry. It is also the intent of the legislature to eliminate traffic congestion and other concerns to neighborhoods and business areas caused by
patrons cruising in motor vehicles in areas of high prostitution activity."
[1999 c 327 § 1.]
9A.88.140 Vehicle impoundment—Fees and fine.
(1)(a) Upon an arrest for a suspected violation of patronizing
a prostitute, promoting prostitution in the first degree, promoting prostitution in the second degree, promoting travel for
prostitution, the arresting law enforcement officer may
impound the person’s vehicle if (i) the motor vehicle was
used in the commission of the crime; (ii) the person arrested
is the owner of the vehicle or the vehicle is a rental car as
defined in RCW 46.04.465; and (iii) either (A) the person
arrested has previously been convicted of one of the offenses
listed in this subsection or (B) the offense was committed
within an area designated under (b) of this subsection.
(b) A local governing authority may designate areas
within which vehicles are subject to impoundment under this
section regardless of whether the person arrested has previously been convicted of any of the offenses listed in (a) of this
subsection.
(i) The designation must be based on evidence indicating
that the area has a disproportionately higher number of
arrests for the offenses listed in (a) of this subsection as compared to other areas within the same jurisdiction.
(ii) The local governing authority shall post signs at the
boundaries of the designated area to indicate that the area has
been designated under this subsection.
(2) Upon an arrest for a suspected violation of commercial sexual abuse of a minor, promoting commercial sexual
abuse of a minor, or promoting travel for commercial sexual
abuse of a minor, the arresting law enforcement officer shall
impound the person’s vehicle if (a) the motor vehicle was
9A.88.140
(2010 Ed.)
9A.98.020
used in the commission of the crime; and (b) the person
arrested is the owner of the vehicle or the vehicle is a rental
car as defined in RCW 46.04.465.
(3) Impoundments performed under this section shall be
in accordance with chapter 46.55 RCW and the impoundment
order must clearly state "prostitution hold."
(4)(a) Prior to redeeming the impounded vehicle, and in
addition to all applicable impoundment, towing, and storage
fees paid to the towing company under chapter 46.55 RCW,
the owner of the impounded vehicle must pay a fine to the
impounding agency. The fine shall be five hundred dollars
for the offenses specified in subsection (1) of this section, or
two thousand five hundred dollars for the offenses specified
in subsection (2) of this section. The fine shall be deposited
in the prostitution prevention and intervention account established under RCW 43.63A.740.
(b) Upon receipt of the fine paid under (a) of this subsection, the impounding agency shall issue a written receipt to
the owner of the impounded vehicle.
(5)(a) In order to redeem a vehicle impounded under this
section, the owner must provide the towing company with the
written receipt issued under subsection (4)(b) of this section.
(b) The written receipt issued under subsection (4)(b) of
this section authorizes the towing company to release the
impounded vehicle upon payment of all impoundment, towing, and storage fees.
(c) A towing company that relies on a forged receipt to
release a vehicle impounded under this section is not liable to
the impounding authority for any unpaid fine under subsection (4)(a) of this section.
(6)(a) In any proceeding under chapter 46.55 RCW to
contest the validity of an impoundment under this section
where the claimant substantially prevails, the claimant is entitled to a full refund of the impoundment, towing, and storage
fees paid under chapter 46.55 RCW and the five hundred dollar fine paid under subsection (4) of this section.
(b) If the person is found not guilty at trial for a crime
listed under subsection (1) of this section, the person is entitled to a full refund of the impoundment, towing, and storage
fees paid under chapter 46.55 RCW and the fine paid under
subsection (4) of this section.
(c) All refunds made under this section shall be paid by
the impounding agency.
(d) Prior to receiving any refund under this section, the
claimant must provide proof of payment. [2010 c 289 § 12;
2009 c 387 § 1; 2007 c 368 § 8; 1999 c 327 § 3.]
Findings—Intent—1999 c 327: See note following RCW 9A.88.130.
Chapter 9A.98
Chapter 9A.98 RCW
LAWS REPEALED
Sections
9A.98.010
9A.98.020
Acts or parts of acts repealed.
Savings clause.
9A.98.010 Acts or parts of acts repealed.
1st ex.s. c 260 § 9A.92.010.
9A.98.010
See 1975
9A.98.020 Savings clause. The laws repealed by RCW
9A.98.010 are repealed except with respect to rights and
9A.98.020
[Title 9A RCW—page 85]
9A.98.020
Title 9A RCW: Washington Criminal Code
duties which matured, penalties which were incurred, and
proceedings which were begun before July 1, 1976. [1975
1st ex.s. c 260 § 9A.92.020.]
[Title 9A RCW—page 86]
(2010 Ed.)
Title 10
Title 10
CRIMINAL PROCEDURE
Chapters
10.01
General provisions.
10.04
District court procedure—Generally.
10.05
Deferred prosecution—Courts of limited jurisdiction.
10.10
Criminal appeals from district courts.
10.14
Harassment.
10.16
Preliminary hearings.
10.19
Bail and appearance bonds.
10.21
Bail determinations under Article I, section
20—Conditions of release.
10.22
Compromise of misdemeanors.
10.25
Jurisdiction and venue.
10.27
Grand juries—Criminal investigations.
10.29
Statewide special inquiry judge act.
10.31
Warrants and arrests.
10.34
Fugitives of this state.
10.37
Accusations and their requisites.
10.40
Arraignment.
10.43
Former acquittal or conviction.
10.46
Superior court trial.
10.52
Witnesses—Generally.
10.55
Witnesses outside the state (uniform act).
10.58
Evidence.
10.61
Verdicts.
10.64
Judgments and sentences.
10.66
Drug traffickers—Off-limits orders.
10.70
Commitments.
10.73
Criminal appeals.
10.77
Criminally insane—Procedures.
10.79
Searches and seizures.
10.82
Collection and disposition of fines and costs.
10.85
Rewards.
10.88
Uniform criminal extradition act.
10.89
Uniform act on fresh pursuit.
10.91
Uniform rendition of accused persons act.
10.92
Tribal police officers.
10.93
Washington mutual aid peace officers powers
act.
10.95
Capital punishment—Aggravated first degree
murder.
10.96
Criminal process records.
10.97
Washington state criminal records privacy act.
10.98
Criminal justice information act.
10.99
Domestic violence—Official response.
10.101
Indigent defense services.
10.105
Property involved in a felony.
Criminal justice training commission—Education and training boards:
Chapter 43.101 RCW.
Criminal rules for superior court: Rules of court: Superior Court Criminal
Rules (CrR).
Justice without unnecessary delay: State Constitution Art. 1 § 10.
Mental illness—Financial responsibility: Chapter 71.02 RCW.
Oaths and mode of administering: State Constitution Art. 1 § 6.
Traffic violations: Chapters 46.63, 46.64 RCW.
Victims of crimes, compensation: Chapter 7.68 RCW.
(2010 Ed.)
Chapter 10.01
Chapter 10.01 RCW
GENERAL PROVISIONS
Sections
10.01.030
10.01.040
10.01.050
10.01.060
10.01.070
10.01.090
10.01.100
10.01.113
10.01.120
10.01.130
10.01.140
10.01.150
10.01.160
10.01.170
10.01.180
10.01.190
10.01.200
10.01.210
10.01.220
Pleadings—Forms abolished.
Statutes—Repeal or amendment—Saving clause presumed.
Convictions—Necessary before punishment.
Conviction—Requisites—Waiver of jury trial.
Corporations—Amenable to criminal process—How.
Corporations—Judgment against.
Corporations—Penalties—Fines in lieu of other punishments.
Indigent party—State payment of review costs.
Pardons—Reprieves—Commutations.
Witnesses’ fees.
Mileage allowance—Jurors—Witnesses.
Charges arising from official acts of state officers or employees—Defense by attorney general.
Costs—What constitutes—Payment by defendant—Procedure—Remission—Medical or mental health treatment or
services.
Fine or costs—Payment within specified time or installments.
Fine or costs—Default in payment—Contempt of court—
Enforcement, collection procedures.
Prosecutorial powers of attorney general.
Registration of sex offenders and kidnapping offenders—
Notice to defendants.
Offender notification and warning.
City attorney, county prosecutor, or other prosecuting authority—Filing a criminal charge—Contribution, donation, payment.
Alcoholics—Private establishment: Chapter 71.12 RCW.
Double jeopardy: State Constitution Art. 1 § 9.
Excessive bail or fines, cruel punishment prohibited: State Constitution Art.
1 § 14.
Habeas corpus: State Constitution Art. 1 § 13.
Indians, jurisdiction in criminal and civil causes: Chapter 37.12 RCW.
Limitation of actions: RCW 9A.04.080.
Mental illness: Chapter 71.05 RCW.
Psychopathic delinquents, procedures, hospitalization, etc.: Chapter 71.06
RCW.
Public defender: Chapter 36.26 RCW.
Right to
bail: State Constitution Art. 1 § 20.
trial by jury: State Constitution Art. 1 § 21.
Rights of accused persons: State Constitution Art. 1 § 22.
Sexual psychopaths, procedures as to: Chapter 71.06 RCW.
10.01.030 Pleadings—Forms abolished. All the forms
of pleading in criminal actions heretofore existing, are abolished; and hereafter, the forms of pleading, and the rules by
which the sufficiency of pleadings is to be determined, are
those prescribed herein. [Code 1881 § 1002; 1873 p 224 §
185; 1869 p 240 § 180; RRS § 2022.]
10.01.030
10.01.040 Statutes—Repeal or amendment—Saving
clause presumed. No offense committed and no penalty or
forfeiture incurred previous to the time when any statutory
provision shall be repealed, whether such repeal be express or
implied, shall be affected by such repeal, unless a contrary
intention is expressly declared in the repealing act, and no
10.01.040
[Title 10 RCW—page 1]
10.01.050
Title 10 RCW: Criminal Procedure
prosecution for any offense, or for the recovery of any penalty or forfeiture, pending at the time any statutory provision
shall be repealed, whether such repeal be express or implied,
shall be affected by such repeal, but the same shall proceed in
all respects, as if such provision had not been repealed, unless
a contrary intention is expressly declared in the repealing act.
Whenever any criminal or penal statute shall be amended or
repealed, all offenses committed or penalties or forfeitures
incurred while it was in force shall be punished or enforced as
if it were in force, notwithstanding such amendment or
repeal, unless a contrary intention is expressly declared in the
amendatory or repealing act, and every such amendatory or
repealing statute shall be so construed as to save all criminal
and penal proceedings, and proceedings to recover forfeitures, pending at the time of its enactment, unless a contrary
intention is expressly declared therein. [1901 ex.s. c 6 § 1;
RRS § 2006.]
10.01.050
10.01.050 Convictions—Necessary before punishment. No person charged with any offense against the law
shall be punished for such offense, unless he or she shall have
been duly and legally convicted thereof in a court having
competent jurisdiction of the case and of the person. [2010 c
8 § 1001; Code 1881 § 770; 1854 p 76 § 6; RRS § 2118.]
10.01.060
10.01.060 Conviction—Requisites—Waiver of jury
trial. No person informed against or indicted for a crime
shall be convicted thereof, unless by admitting the truth of the
charge in his or her plea, by confession in open court, or by
the verdict of a jury, accepted and recorded by the court:
PROVIDED HOWEVER, That except in capital cases,
where the person informed against or indicted for a crime is
represented by counsel, such person may, with the assent of
the court, waive trial by jury and submit to trial by the court.
[2010 c 8 § 1002; 1951 c 52 § 1; 1909 c 249 § 57; 1891 c 28
§ 91; Code 1881 § 767; 1873 p 180 § 3; 1869 p 198 § 3; 1859
p 105 § 3; 1854 p 76 § 3; RRS § 2309.]
Self-incriminating testimony: State Constitution Art. 1 § 9.
10.01.090 Corporations—Judgment against. If the
corporation shall be found guilty and a fine imposed, it shall
be entered and docketed by the clerk, or district or municipal
court as a judgment against the corporation, and it shall be of
the same force and effect and be enforced against such corporation in the same manner as a judgment in a civil action.
[1987 c 202 § 148; 1911 c 29 § 3; RRS § 2011-3.]
10.01.090
Intent—1987 c 202: See note following RCW 2.04.190.
10.01.100 Corporations—Penalties—Fines in lieu of
other punishments. Every corporation guilty of a violation
of any law of the state of Washington, where the prescribed
penalty is, for any reason, incapable of execution or enforcement against such corporation, shall be punished by a fine of
not more than ten thousand dollars, if such offense is a felony; or, by a fine of not more than one thousand dollars if
such offense is a gross misdemeanor; or, by a fine of not more
than five hundred dollars if such offense is a misdemeanor.
[1925 ex.s. c 101 § 1; RRS § 2011-4.]
10.01.100
10.01.113 Indigent party—State payment of review
costs. See RCW 4.88.330.
10.01.113
10.01.120 Pardons—Reprieves—Commutations.
Whenever a prisoner has been sentenced to death, the governor shall have power to commute such sentence to imprisonment for life at hard labor; and in all cases in which the governor is authorized to grant pardons or commute sentence of
death, he or she may, upon the petition of the person convicted, commute a sentence or grant a pardon, upon such conditions, and with such restrictions, and under such limitations
as he or she may think proper; and he or she may issue his or
her warrant to all proper officers to carry into effect such pardon or commutation, which warrant shall be obeyed and executed, instead of the sentence, if any, which was originally
given. The governor may also, on good cause shown, grant
respites or reprieves from time to time as he or she may think
proper. [2010 c 8 § 1003; Code 1881 § 1136; 1854 p 128 §
174; RRS § 2223.]
10.01.120
Governor’s powers: State Constitution Art. 3 §§ 9, 11.
10.01.070
10.01.070 Corporations—Amenable to criminal process—How. Whenever an indictment or information shall be
filed in any superior court against a corporation charging it
with the commission of a crime, a summons shall be issued
by the clerk of such court, signed by one of the judges
thereof, commanding the sheriff forthwith to notify the
accused thereof, and commanding it to appear before such
court at such time as shall be specified in said summons. Such
summons and a copy of the indictment or information shall
be at once delivered by such clerk to said sheriff and by the
sheriff forthwith served and returned in the manner provided
for service of summons upon such corporation in a civil
action. Whenever a complaint against a corporation, charging
it with the commission of a crime, shall be made before any
district or municipal judge, a like summons, signed by such
judge, shall be issued, which, together with a copy of said
complaint, shall be delivered to the sheriff at once and by the
sheriff forthwith served as herein provided. [1987 c 202 §
147; 1911 c 29 § 1; RRS § 2011-1.]
Intent—1987 c 202: See note following RCW 2.04.190.
[Title 10 RCW—page 2]
Record of pardons, etc., governor to keep: RCW 43.06.020.
10.01.130 Witnesses’ fees. No fees shall be allowed to
witnesses in criminal causes unless they shall have reported
their attendance at the close of each day’s session to the clerk
in attendance thereon. [1895 c 10 § 1; RRS § 498, part.
FORMER PART OF SECTION: 1895 c 10 § 2; RRS § 498,
part, now codified as RCW 10.01.140.]
10.01.130
Rules of court: Cf. CrR 6.12.
Witness fees: Chapters 2.40, 12.16 RCW.
10.01.140 Mileage allowance—Jurors—Witnesses.
No allowance of mileage shall be made to a juror or witness
who has not verified his or her claim of mileage under oath
before the clerk of the court on which he or she is in attendance. [2010 c 8 § 1004; 1895 c 10 § 2; RRS § 498, part.
Formerly RCW 10.01.130, part.]
10.01.140
10.01.150 Charges arising from official acts of state
officers or employees—Defense by attorney general.
10.01.150
(2010 Ed.)
General Provisions
Whenever a state officer or employee is charged with a criminal offense arising out of the performance of an official act
which was fully in conformity with established written rules,
policies, and guidelines of the state or state agency, the
employing agency may request the attorney general to defend
the officer or employee. If the agency finds, and the attorney
general concurs, that the officer’s or employee’s conduct was
fully in accordance with established written rules, policies,
and guidelines of the state or a state agency and the act performed was within the scope of employment, then the request
shall be granted and the costs of defense shall be paid by the
requesting agency: PROVIDED, HOWEVER, If the agency
head is the person charged, then approval must be obtained
from both the attorney general and the state auditor. If the
court finds that the officer or employee was performing an
official act, or was within the scope of employment, and that
his or her actions were in conformity with the established
rules, regulations, policies, and guidelines of the state and the
state agency, the cost of any monetary fine assessed shall be
paid from the liability account. [2010 c 8 § 1005; 1999 c 163
§ 6; 1975 1st ex.s. c 144 § 1.]
Additional notes found at www.leg.wa.gov
10.01.160
10.01.160 Costs—What constitutes—Payment by
defendant—Procedure—Remission—Medical or mental
health treatment or services. (1) The court may require a
defendant to pay costs. Costs may be imposed only upon a
convicted defendant, except for costs imposed upon a defendant’s entry into a deferred prosecution program, costs
imposed upon a defendant for pretrial supervision, or costs
imposed upon a defendant for preparing and serving a warrant for failure to appear.
(2) Costs shall be limited to expenses specially incurred
by the state in prosecuting the defendant or in administering
the deferred prosecution program under chapter 10.05 RCW
or pretrial supervision. They cannot include expenses inherent in providing a constitutionally guaranteed jury trial or
expenditures in connection with the maintenance and operation of government agencies that must be made by the public
irrespective of specific violations of law. Expenses incurred
for serving of warrants for failure to appear and jury fees
under RCW 10.46.190 may be included in costs the court
may require a defendant to pay. Costs for administering a
deferred prosecution may not exceed two hundred fifty dollars. Costs for administering a pretrial supervision may not
exceed one hundred fifty dollars. Costs for preparing and
serving a warrant for failure to appear may not exceed one
hundred dollars. Costs of incarceration imposed on a defendant convicted of a misdemeanor or a gross misdemeanor
may not exceed the actual cost of incarceration. In no case
may the court require the offender to pay more than one hundred dollars per day for the cost of incarceration. Payment of
other court-ordered financial obligations, including all legal
financial obligations and costs of supervision take precedence over the payment of the cost of incarceration ordered
by the court. All funds received from defendants for the cost
of incarceration in the county or city jail must be remitted for
criminal justice purposes to the county or city that is responsible for the defendant’s jail costs. Costs imposed constitute
a judgment against a defendant and survive a dismissal of the
(2010 Ed.)
10.01.160
underlying action against the defendant. However, if the
defendant is acquitted on the underlying action, the costs for
preparing and serving a warrant for failure to appear do not
survive the acquittal, and the judgment that such costs would
otherwise constitute shall be vacated.
(3) The court shall not order a defendant to pay costs
unless the defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court
shall take account of the financial resources of the defendant
and the nature of the burden that payment of costs will
impose.
(4) A defendant who has been ordered to pay costs and
who is not in contumacious default in the payment thereof
may at any time petition the sentencing court for remission of
the payment of costs or of any unpaid portion thereof. If it
appears to the satisfaction of the court that payment of the
amount due will impose manifest hardship on the defendant
or the defendant’s immediate family, the court may remit all
or part of the amount due in costs, or modify the method of
payment under RCW 10.01.170.
(5) Except for direct costs relating to evaluating and
reporting to the court, prosecutor, or defense counsel regarding a defendant’s competency to stand trial as provided in
RCW 10.77.060, this section shall not apply to costs related
to medical or mental health treatment or services a defendant
receives while in custody of the secretary of the department
of social and health services or other governmental units.
This section shall not prevent the secretary of the department
of social and health services or other governmental units
from imposing liability and seeking reimbursement from a
defendant committed to an appropriate facility as provided in
RCW 10.77.084 while criminal proceedings are stayed. This
section shall also not prevent governmental units from
imposing liability on defendants for costs related to providing
medical or mental health treatment while the defendant is in
the governmental unit’s custody. Medical or mental health
treatment and services a defendant receives at a state hospital
or other facility are not a cost of prosecution and shall be
recoverable under RCW 10.77.250 and 70.48.130, chapter
43.20B RCW, and any other applicable statute. [2010 c 54 §
1; 2008 c 318 § 2; 2007 c 367 § 3; 2005 c 263 § 2; 1995 c 221
§ 1; 1994 c 192 § 1; 1991 c 247 § 4; 1987 c 363 § 1; 1985 c
389 § 1; 1975-’76 2nd ex.s. c 96 § 1.]
Findings—Intent—2008 c 318: "The legislature finds that because of
the decision in Utter v. DSHS, 165 P.3d 399 (Wash. 2007), there is unintended ambiguity about the authority of the secretary of the department of
social and health services under the criminal procedure act to seek reimbursement from defendants under RCW 10.77.250 who are committed for
competency evaluation and mental health treatment under RCW 10.77.060
and 10.77.084, and the general provision prohibiting a criminal defendant
from being charged for prosecution related costs prior to conviction provided
in RCW 10.01.160. Mental health evaluation and treatment, and other medical treatment relate entirely to the medically necessary care that defendants
receive at state hospitals and other facilities. The legislature intended for
treatment costs to be the responsibility of the defendant’s insurers and ultimately the defendant based on their ability to pay, and it is permissible under
chapters 10.77, 70.48, and 43.20B RCW for the state and other governmental
units to assess financial liability on defendants who become patients and
receive medical and mental health care. The legislature further finds that it
intended that a court order staying criminal proceedings under RCW
10.77.084, and committing a defendant to the custody of the secretary of the
department of social and health services for placement in an appropriate
facility involve costs payable by the defendant, because the commitment primarily and directly benefits the defendant through treatment of their medical
and mental health conditions. The legislature did not intend for medical and
[Title 10 RCW—page 3]
10.01.170
Title 10 RCW: Criminal Procedure
mental health services provided to a defendant in the custody of a governmental unit, and the associated costs, to be costs related to the prosecution of
the defendant. Thus, if a court orders a stay of the criminal proceeding under
RCW 10.77.084 and orders commitment to the custody of the secretary, or if
at any time a defendant receives other medical care while in custody of a
governmental unit, but prior to conviction, the costs associated with such
care shall be the responsibility of the defendant and the defendant’s insurers
as provided in chapters 10.77, 70.48, and 43.20B RCW. The intent of the
legislature is to clarify this reimbursement requirement, and the purpose of
this act is to make retroactive, remedial, curative, and technical amendments
in order to resolve any ambiguity about the legislature’s intent in enacting
these chapters." [2008 c 318 § 1.]
Effective date—2008 c 318: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 1, 2008]." [2008 c 318 § 3.]
lected. [2010 c 8 § 1006; 1989 c 373 § 13; 1975-’76 2nd ex.s.
c 96 § 3.]
Fine and costs—Collection procedure, commitment for failure to pay, execution against defendant’s property: Chapter 10.82 RCW.
Additional notes found at www.leg.wa.gov
10.01.190 Prosecutorial powers of attorney general.
In any criminal proceeding instituted or conducted by the
attorney general, the attorney general and assistants are
deemed to be prosecuting attorneys and have all prosecutorial
powers vested in prosecuting attorneys of the state of Washington by statute or court rule. [1981 c 335 § 4.]
10.01.190
Purpose—1981 c 335: See RCW 43.10.230.
Commitment for failure to pay fine and costs: RCW 10.70.010, 10.82.030.
Defendant liable for costs: RCW 10.64.015.
Fine and costs—Collection and disposition: Chapter 10.82 RCW.
10.01.170 Fine or costs—Payment within specified
time or installments. When a defendant is sentenced to pay
a fine or costs, the court may grant permission for payment to
be made within a specified period of time or in specified
installments. If no such permission is included in the sentence
the fine or costs shall be payable forthwith. [1975-’76 2nd
ex.s. c 96 § 2.]
10.01.170
Payment of fine and costs in installments: RCW 9.92.070.
10.01.200 Registration of sex offenders and kidnapping offenders—Notice to defendants. The court shall provide written notification to any defendant charged with a sex
offense or kidnapping offense of the registration requirements of RCW 9A.44.130. Such notice shall be included on
any guilty plea forms and judgment and sentence forms provided to the defendant. [1997 c 113 § 5; 1990 c 3 § 404.]
10.01.200
Reviser’s note: The definitions in RCW 9A.44.128 apply to this section.
Findings—1997 c 113: See note following RCW 4.24.550.
Sex offense and kidnapping offense defined: RCW 9A.44.128.
Additional notes found at www.leg.wa.gov
10.01.180 Fine or costs—Default in payment—Contempt of court—Enforcement, collection procedures. (1)
A defendant sentenced to pay a fine or costs who defaults in
the payment thereof or of any installment is in contempt of
court as provided in chapter 7.21 RCW. The court may issue
a warrant of arrest for his or her appearance.
(2) When a fine or assessment of costs is imposed on a
corporation or unincorporated association, it is the duty of the
person authorized to make disbursement from the assets of
the corporation or association to pay the fine or costs from
those assets, and his or her failure to do so may be held to be
contempt.
(3) If a term of imprisonment for contempt for nonpayment of a fine or costs is ordered, the term of imprisonment
shall be set forth in the commitment order, and shall not
exceed one day for each twenty-five dollars of the fine or
costs, thirty days if the fine or assessment of costs was
imposed upon conviction of a violation or misdemeanor, or
one year in any other case, whichever is the shorter period. A
person committed for nonpayment of a fine or costs shall be
given credit toward payment for each day of imprisonment at
the rate specified in the commitment order.
(4) If it appears to the satisfaction of the court that the
default in the payment of a fine or costs is not contempt, the
court may enter an order allowing the defendant additional
time for payment, reducing the amount thereof or of each
installment or revoking the fine or costs or the unpaid portion
thereof in whole or in part.
(5) A default in the payment of a fine or costs or any
installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of
execution for the collection of a fine or costs shall not discharge a defendant committed to imprisonment for contempt
until the amount of the fine or costs has actually been col10.01.180
[Title 10 RCW—page 4]
10.01.210 Offender notification and warning. Any
and all law enforcement agencies and personnel, criminal justice attorneys, sentencing judges, and state and local correctional facilities and personnel may, but are not required to,
give any and all offenders either written or oral notice, or
both, of the sanctions imposed and criminal justice changes
regarding armed offenders, including but not limited to the
subjects of:
(1) Felony crimes involving any deadly weapon special
verdict under *RCW 9.94A.602;
(2) Any and all deadly weapon enhancements under
RCW 9.94A.533 (3) or (4), or both, as well as any federal
firearm, ammunition, or other deadly weapon enhancements;
(3) Any and all felony crimes requiring the possession,
display, or use of any deadly weapon as well as the many
increased penalties for these crimes including the creation of
theft of a firearm and possessing a stolen firearm;
(4) New prosecuting standards established for filing
charges for all crimes involving any deadly weapons;
(5) Removal of good time for any and all deadly weapon
enhancements; and
(6) Providing the death penalty for those who commit
first degree murder: (a) To join, maintain, or advance membership in an identifiable group; (b) as part of a drive-by
shooting; or (c) to avoid prosecution as a persistent offender
as defined in RCW 9.94A.030. [2002 c 290 § 23; 1995 c 129
§ 18 (Initiative Measure No. 159).]
10.01.210
*Reviser’s note: RCW 9.94A.602 was recodified as RCW 9.94A.825
pursuant to 2009 c 28 § 41.
Effective date—2002 c 290 §§ 7-11 and 14-23: See note following
RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Severability—2002 c 290: See RCW 9.94A.924.
(2010 Ed.)
District Court Procedure—Generally
10.04.110
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
Excessive bail or fines, cruel punishment prohibited: State Constitution Art.
1 § 14.
10.01.220 City attorney, county prosecutor, or other
prosecuting authority—Filing a criminal charge—Contribution, donation, payment. A city attorney, county prosecutor, or other prosecuting authority may not dismiss,
amend, or agree not to file a criminal charge in exchange for
a contribution, donation, or payment to any person, corporation, or organization. This does not prohibit:
(1) Contribution, donation, or payment to any specific
fund authorized by state statute;
(2) The collection of costs associated with actual supervision, treatment, or collection of restitution under agreements to defer or divert; or
(3) Dismissal following payment that is authorized by
any other statute. [2007 c 367 § 1.]
10.04.050 Jury—If demanded. In all trials for offenses
within the jurisdiction of a district judge, the defendant or the
state may demand a jury, which shall consist of six, or a less
number, agreed upon by the state and accused, to be impaneled and sworn as in civil cases; or the trial may be by the
judge. When the complaint is for a crime or misdemeanor in
the exclusive jurisdiction of the superior court, the justice
hears the case as a committing magistrate, and no jury shall
be allowed. [1987 c 202 § 151; 1891 c 11 § 1; Code 1881 §
1890; 1875 p 51 § 2; 1873 p 382 § 188; 1854 p 260 § 174,
part; RRS § 1927.]
10.01.220
Chapter 10.04 RCW
DISTRICT COURT PROCEDURE—GENERALLY
10.04.050
Intent—1987 c 202: See note following RCW 2.04.190.
Charging juries: State Constitution Art. 4 § 16.
Convicted persons liable for costs and jury fees: RCW 10.46.190.
Right to trial by jury: State Constitution Art. 1 § 21.
Chapter 10.04
Sections
10.04.020
10.04.040
10.04.050
10.04.070
10.04.100
10.04.101
10.04.110
10.04.120
10.04.800
Arrest—Offense committed in view of district judge.
Cash bail in lieu of recognizance.
Jury—If demanded.
Plea of guilty.
Verdict of guilty—Proceedings upon.
Assessment of punishment by courts organized under 1961
justice of the peace act.
Judgment—Entry—Execution—Remittance of district court
fines, etc.
Stay of execution.
Proposed forms for criminal actions.
Rules of court: See Criminal Rules for Courts of Limited Jurisdiction
(CrRLJ).
10.04.020 Arrest—Offense committed in view of district judge. When any offense is committed in view of any
district judge, the judge may, by verbal direction to any deputy, or if no deputy is present, to any citizen, cause such deputy or citizen to arrest such offender, and keep such offender
in custody for the space of one hour, unless such offender
shall sooner be taken from such custody by virtue of a warrant issued on complaint on oath. But such person so arrested,
shall not be confined in jail, nor put upon any trial, until
arrested by virtue of such warrant. [1987 c 202 § 149; Code
1881 § 1888; Code 1881 § 1889, part; 1873 p 382 § 186;
1854 p 260 § 173; RRS § 1926, part.]
10.04.070 Plea of guilty. The defendant may plead
guilty to any offense charged. [Code 1881 § 1892; 1873 p
383 § 190; 1854 p 260 § 174, part; RRS § 1929.]
10.04.070
10.04.100 Verdict of guilty—Proceedings upon. The
judge, if the prisoner is found guilty, shall assess the prisoner’s punishment; or if, in the judge’s opinion, the punishment the judge is authorized to assess is not adequate to the
offense, he or she may so find, and in such case the judge
shall order such defendant to enter recognizance to appear in
the superior court of the county, and shall also recognize the
witnesses, and proceed as in proceedings by a committing
magistrate. [1987 c 202 § 152; 1891 c 11 § 2; Code 1881 §
1891; 1873 p 382 § 189; 1854 p 260 § 174; RRS § 1928.]
10.04.100
10.04.020
Intent—1987 c 202: See note following RCW 2.04.190.
10.04.040 Cash bail in lieu of recognizance. District
courts or committing magistrates may accept money as bail
from persons charged with bailable offenses, and for the
appearance of witnesses in all cases provided by law for the
recognizance of witnesses. The amount of such bail or recognizance in each case shall be determined by the court in its
discretion, and may from time to time be increased or
decreased as circumstances may justify. The money to be
received and accounted for in the same manner as provided
by law for the superior courts. [1987 c 202 § 150; 1919 c 76
§ 1; RRS § 1957 1/2.]
10.04.040
Intent—1987 c 202: See note following RCW 2.04.190.
(2010 Ed.)
Intent—1987 c 202: See note following RCW 2.04.190.
10.04.101 Assessment of punishment by courts organized under 1961 justice of the peace act. See RCW
3.66.065.
10.04.101
10.04.110 Judgment—Entry—Execution—Remittance of district court fines, etc. In all cases of conviction,
unless otherwise provided in this chapter, the judge shall
enter judgment for the fine and costs against the defendant,
and may commit him or her to jail until the amount of such
fine and costs owing are paid, or the payment thereof be
secured as provided by RCW 10.04.120. The amount of such
fine and costs owing shall be computed as provided for superior court cases in RCW 10.82.030 and 10.82.040. Further
proceedings therein shall be had as in like cases in the superior court: PROVIDED, That all fees, fines, forfeitures and
penalties collected or assessed by a district court because of
the violation of a state law shall be remitted as provided in
chapter 3.62 RCW as now exists or is later amended. [2010
c 8 § 1007; 1987 c 202 § 153; 1969 ex.s. c 199 § 10; 1967 c
200 § 6; 1891 c 11 § 6; Code 1881 § 1896; 1873 p 383 § 194;
1854 p 261 § 176; RRS § 1933.]
10.04.110
Intent—1987 c 202: See note following RCW 2.04.190.
Convicted persons liable for jury fees: RCW 10.46.190.
[Title 10 RCW—page 5]
10.04.120
Title 10 RCW: Criminal Procedure
10.04.120 Stay of execution. Every defendant may stay
the execution for the fine and costs for thirty days, by procuring sufficient sureties, to be approved by the district judge, to
enter into recognizance before the district judge for the payment of the fine and costs; the entry of such recognizance
shall be made on the docket of the district judge, and signed
by the sureties, and shall have the same effect as a judgment,
and if the same be not paid in thirty days, the district judge
shall proceed as in like cases in the superior court. [1987 c
202 § 154; Code 1881 § 1897; 1873 p 383 § 195; 1854 p 261
§ 176; RRS § 1934.]
10.04.120
Intent—1987 c 202: See note following RCW 2.04.190.
10.04.800 Proposed forms for criminal actions. The
district and municipal court judges’ association may propose
to the supreme court suggested forms for criminal actions for
inclusion in the justice court criminal rules. [1994 c 32 § 6;
1987 c 202 § 155.]
10.04.800
Rules of court: CrRLJ 2.1, 4.2.
Intent—1987 c 202: See note following RCW 2.04.190.
Chapter 10.05 RCW
DEFERRED PROSECUTION—COURTS OF
LIMITED JURISDICTION
Chapter 10.05
Sections
10.05.010
10.05.015
10.05.020
10.05.030
10.05.040
10.05.050
10.05.055
10.05.060
10.05.070
10.05.080
10.05.090
10.05.100
10.05.110
10.05.120
10.05.130
10.05.140
10.05.150
10.05.160
10.05.170
Petition—Eligibility.
Statement of availability.
Requirements of petition—Rights of petitioner—Court findings.
Arraignment continued—Treatment referral.
Investigation and examination.
Report to court—Recommended treatment plan—Commitment to provide treatment.
Child welfare services.
Procedure upon approval of plan.
Arraignment when treatment rejected.
Evidence, uses and admissibility.
Procedure upon breach of treatment plan.
Conviction of similar offense.
Trial delay not grounds for dismissal.
Dismissal of charges.
Services provided for indigent defendants.
Conditions of granting.
Alcoholism program requirements.
Appeal of deferred prosecution order.
Supervision as condition—Levy of assessment.
10.05.010 Petition—Eligibility. (1) In a court of limited jurisdiction a person charged with a misdemeanor or
gross misdemeanor may petition the court to be considered
for a deferred prosecution program. The petition shall be
filed with the court at least seven days before the date set for
trial but, upon a written motion and affidavit establishing
good cause for the delay and failure to comply with this section, the court may waive this requirement subject to the
defendant’s reimbursement to the court of the witness fees
and expenses due for subpoenaed witnesses who have
appeared on the date set for trial.
(2) A person charged with a traffic infraction, misdemeanor, or gross misdemeanor under Title 46 RCW shall not
be eligible for a deferred prosecution program unless the
court makes specific findings pursuant to RCW 10.05.020 or
*section 18 of this act. Such person shall not be eligible for a
deferred prosecution program more than once; and cannot
receive a deferred prosecution under both RCW 10.05.020
10.05.010
[Title 10 RCW—page 6]
and *section 18 of this act. Separate offenses committed
more than seven days apart may not be consolidated in a single program.
(3) A person charged with a misdemeanor or a gross misdemeanor under chapter 9A.42 RCW shall not be eligible for
a deferred prosecution program unless the court makes specific findings pursuant to RCW 10.05.020. Such person shall
not be eligible for a deferred prosecution program more than
once. [2008 c 282 § 15; 2002 c 219 § 6; 1998 c 208 § 1; 1985
c 352 § 4; 1982 1st ex.s. c 47 § 26; 1975 1st ex.s. c 244 § 1.]
*Reviser’s note: Section 18 of this act was vetoed by the governor.
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Legislative finding—1985 c 352: "The legislature finds that the
deferred prosecution program is an alternative to punishment for persons
who will benefit from a treatment program if the treatment program is provided under circumstances that do not unreasonably endanger public safety
or the traditional goals of the criminal justice system. This alternative to
punishment is dependent for success upon appropriate treatment and the
willingness and ability of the person receiving treatment to cooperate fully
with the treatment program. The legislature finds that some persons have
sought deferred prosecution but have been unable or unwilling to cooperate
with treatment requirements and escaped punishment because of the difficulties in resuming prosecution after significant delay due to the absence of witnesses at a later date and the congestion in courts at a later date. The legislature further finds that the deferred prosecution statutes require clarification.
The purpose of sections 4 through 19 of this act is to provide specific standards and procedures for judges and prosecutors to use in carrying out the
original intent of the deferred prosecution statutes." [1985 c 352 § 3.]
Additional notes found at www.leg.wa.gov
10.05.015 Statement of availability. At the time of
arraignment a person charged with a violation of RCW
46.61.502 or 46.61.504 may be given a statement by the court
that explains the availability, operation, and effects of the
deferred prosecution program. [1985 c 352 § 5.]
10.05.015
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
10.05.020 Requirements of petition—Rights of petitioner—Court findings. (Effective until January 1, 2011.)
(1) Except as provided in subsection (2) of this section or
*section 18 of this act, the petitioner shall allege under oath
in the petition that the wrongful conduct charged is the result
of or caused by alcoholism, drug addiction, or mental problems for which the person is in need of treatment and unless
treated the probability of future recurrence is great, along
with a statement that the person agrees to pay the cost of a
diagnosis and treatment of the alleged problem or problems if
financially able to do so. The petition shall also contain a
case history and written assessment prepared by an approved
alcoholism treatment program as designated in chapter
70.96A RCW if the petition alleges alcoholism, an approved
drug program as designated in chapter 71.24 RCW if the petition alleges drug addiction, or by an approved mental health
center if the petition alleges a mental problem.
(2) In the case of a petitioner charged with a misdemeanor or gross misdemeanor under chapter 9A.42 RCW,
the petitioner shall allege under oath in the petition that the
petitioner is the natural or adoptive parent of the alleged victim; that the wrongful conduct charged is the result of parenting problems for which the petitioner is in need of services;
that the petitioner is in need of child welfare services under
chapter 74.13 RCW to improve his or her parenting skills in
10.05.020
(2010 Ed.)
Deferred Prosecution—Courts of Limited Jurisdiction
order to better provide his or her child or children with the
basic necessities of life; that the petitioner wants to correct
his or her conduct to reduce the likelihood of harm to his or
her minor children; that in the absence of child welfare services the petitioner may be unable to reduce the likelihood of
harm to his or her minor children; and that the petitioner has
cooperated with the department of social and health services
to develop a plan to receive appropriate child welfare services; along with a statement that the person agrees to pay the
cost of the services if he or she is financially able to do so.
The petition shall also contain a case history and a written
service plan from the department of social and health services.
(3) Before entry of an order deferring prosecution, a petitioner shall be advised of his or her rights as an accused and
execute, as a condition of receiving treatment, a statement
that contains: (a) An acknowledgment of his or her rights; (b)
an acknowledgment and waiver of the right to testify, the
right to a speedy trial, the right to call witnesses to testify, the
right to present evidence in his or her defense, and the right to
a jury trial; (c) a stipulation to the admissibility and sufficiency of the facts contained in the written police report; and
(d) an acknowledgment that the statement will be entered and
used to support a finding of guilty if the court finds cause to
revoke the order granting deferred prosecution. The petitioner shall also be advised that he or she may, if he or she
proceeds to trial and is found guilty, be allowed to seek suspension of some or all of the fines and incarceration that may
be ordered upon the condition that he or she seek treatment
and, further, that he or she may seek treatment from public
and private agencies at any time without regard to whether or
not he or she is found guilty of the offense charged. He or she
shall also be advised that the court will not accept a petition
for deferred prosecution from a person who: (i) Sincerely
believes that he or she is innocent of the charges; (ii) sincerely believes that he or she does not, in fact, suffer from
alcoholism, drug addiction, or mental problems, unless the
petition for deferred prosecution is under *section 18 of this
act; or (iii) in the case of a petitioner charged under chapter
9A.42 RCW, sincerely believes that he or she does not need
child welfare services.
(4) Before entering an order deferring prosecution, the
court shall make specific findings that: (a) The petitioner has
stipulated to the admissibility and sufficiency of the facts as
contained in the written police report; (b) the petitioner has
acknowledged the admissibility of the stipulated facts in any
criminal hearing on the underlying offense or offenses held
subsequent to revocation of the order granting deferred prosecution; (c) the petitioner has acknowledged and waived the
right to testify, the right to a speedy trial, the right to call witnesses to testify, the right to present evidence in his or her
defense, and the right to a jury trial; and (d) the petitioner’s
statements were made knowingly and voluntarily. Such findings shall be included in the order granting deferred prosecution. [2008 c 282 § 16; 2002 c 219 § 7; 1996 c 24 § 1; 1985
c 352 § 6; 1975 1st ex.s. c 244 § 2.]
*Reviser’s note: Section 18, chapter 282, Laws of 2008 was vetoed by
the governor.
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
(2010 Ed.)
10.05.020
Criminal history and driving record: RCW 46.61.513.
10.05.020 Requirements of petition—Rights of petitioner—Court findings. (Effective January 1, 2011.) (1)
Except as provided in subsection (2) of this section, the petitioner shall allege under oath in the petition that the wrongful
conduct charged is the result of or caused by alcoholism, drug
addiction, or mental problems for which the person is in need
of treatment and unless treated the probability of future recurrence is great, along with a statement that the person agrees to
pay the cost of a diagnosis and treatment of the alleged problem or problems if financially able to do so. The petition
shall also contain a case history and written assessment prepared by an approved alcoholism treatment program as designated in chapter 70.96A RCW if the petition alleges alcoholism, an approved drug program as designated in chapter
71.24 RCW if the petition alleges drug addiction, or by an
approved mental health center if the petition alleges a mental
problem.
(2) In the case of a petitioner charged with a misdemeanor or gross misdemeanor under chapter 9A.42 RCW,
the petitioner shall allege under oath in the petition that the
petitioner is the natural or adoptive parent of the alleged victim; that the wrongful conduct charged is the result of parenting problems for which the petitioner is in need of services;
that the petitioner is in need of child welfare services under
chapter 74.13 RCW to improve his or her parenting skills in
order to better provide his or her child or children with the
basic necessities of life; that the petitioner wants to correct
his or her conduct to reduce the likelihood of harm to his or
her minor children; that in the absence of child welfare services the petitioner may be unable to reduce the likelihood of
harm to his or her minor children; and that the petitioner has
cooperated with the department of social and health services
to develop a plan to receive appropriate child welfare services; along with a statement that the person agrees to pay the
cost of the services if he or she is financially able to do so.
The petition shall also contain a case history and a written
service plan from the department of social and health services.
(3) Before entry of an order deferring prosecution, a petitioner shall be advised of his or her rights as an accused and
execute, as a condition of receiving treatment, a statement
that contains: (a) An acknowledgment of his or her rights; (b)
an acknowledgment and waiver of the right to testify, the
right to a speedy trial, the right to call witnesses to testify, the
right to present evidence in his or her defense, and the right to
a jury trial; (c) a stipulation to the admissibility and sufficiency of the facts contained in the written police report; and
(d) an acknowledgment that the statement will be entered and
used to support a finding of guilty if the court finds cause to
revoke the order granting deferred prosecution. The petitioner shall also be advised that he or she may, if he or she
proceeds to trial and is found guilty, be allowed to seek suspension of some or all of the fines and incarceration that may
be ordered upon the condition that he or she seek treatment
and, further, that he or she may seek treatment from public
and private agencies at any time without regard to whether or
not he or she is found guilty of the offense charged. He or she
shall also be advised that the court will not accept a petition
for deferred prosecution from a person who: (i) Sincerely
10.05.020
[Title 10 RCW—page 7]
10.05.030
Title 10 RCW: Criminal Procedure
believes that he or she is innocent of the charges; (ii) sincerely believes that he or she does not, in fact, suffer from
alcoholism, drug addiction, or mental problems; or (iii) in the
case of a petitioner charged under chapter 9A.42 RCW, sincerely believes that he or she does not need child welfare services.
(4) Before entering an order deferring prosecution, the
court shall make specific findings that: (a) The petitioner has
stipulated to the admissibility and sufficiency of the facts as
contained in the written police report; (b) the petitioner has
acknowledged the admissibility of the stipulated facts in any
criminal hearing on the underlying offense or offenses held
subsequent to revocation of the order granting deferred prosecution; (c) the petitioner has acknowledged and waived the
right to testify, the right to a speedy trial, the right to call witnesses to testify, the right to present evidence in his or her
defense, and the right to a jury trial; and (d) the petitioner’s
statements were made knowingly and voluntarily. Such findings shall be included in the order granting deferred prosecution. [2010 c 269 § 9; 2008 c 282 § 16; 2002 c 219 § 7; 1996
c 24 § 1; 1985 c 352 § 6; 1975 1st ex.s. c 244 § 2.]
Effective date—2010 c 269: See note following RCW 46.20.385.
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
Criminal history and driving record: RCW 46.61.513.
10.05.030 Arraignment continued—Treatment
referral. The arraigning judge upon consideration of the
petition and with the concurrence of the prosecuting attorney
may continue the arraignment and refer such person for a
diagnostic investigation and evaluation to an approved alcoholism treatment program as designated in chapter 70.96A
RCW, if the petition alleges an alcohol problem, an approved
drug treatment center as designated in chapter 71.24 RCW, if
the petition alleges a drug problem, to an approved mental
health center, if the petition alleges a mental problem, or the
department of social and health services if the petition is
brought under RCW 10.05.020(2). [2002 c 219 § 8; 1999 c
143 § 42; 1975 1st ex.s. c 244 § 3.]
10.05.030
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
10.05.040 Investigation and examination. The *facility to which such person is referred, or the department of
social and health services if the petition is brought under
RCW 10.05.020(2), shall conduct an investigation and examination to determine:
(1) Whether the person suffers from the problem
described;
(2) Whether the problem is such that if not treated, or if
no child welfare services are provided, there is a probability
that similar misconduct will occur in the future;
(3) Whether extensive and long term treatment is
required;
(4) Whether effective treatment or child welfare services
for the person’s problem are available; and
(5) Whether the person is amenable to treatment or willing to cooperate with child welfare services. [2002 c 219 § 9;
1985 c 352 § 7; 1975 1st ex.s. c 244 § 4.]
10.05.040
[Title 10 RCW—page 8]
*Reviser’s note: Chapter 70.96A RCW was amended by 1990 c 151,
changing "treatment facility" to "treatment program."
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
10.05.050 Report to court—Recommended treatment plan—Commitment to provide treatment. (1) The
*facility, or the department of social and health services if the
petition is brought under RCW 10.05.020(2), shall make a
written report to the court stating its findings and recommendations after the examination required by RCW 10.05.040. If
its findings and recommendations support treatment or the
implementation of a child welfare service plan, it shall also
recommend a treatment or service plan setting out:
(a) The type;
(b) Nature;
(c) Length;
(d) A treatment or service time schedule; and
(e) Approximate cost of the treatment or child welfare
services.
(2) In the case of a child welfare service plan, the plan
shall be designed in a manner so that a parent who successfully completes the plan will not be likely to withhold the
basic necessities of life from his or her child.
(3) The report with the treatment or service plan shall be
filed with the court and a copy given to the petitioner and
petitioner’s counsel. A copy of the treatment or service plan
shall be given to the prosecutor by petitioner’s counsel at the
request of the prosecutor. The evaluation facility, or the
department of social and health services if the petition is
brought under RCW 10.05.020(2), making the written report
shall append to the report a commitment by the *treatment
facility or the department of social and health services that it
will provide the treatment or child welfare services in accordance with this chapter. The facility or the service provider
shall agree to provide the court with a statement every three
months for the first year and every six months for the second
year regarding (a) the petitioner’s cooperation with the treatment or child welfare service plan proposed and (b) the petitioner’s progress or failure in treatment or child welfare services. These statements shall be made as a declaration by the
person who is personally responsible for providing the treatment or services. [2002 c 219 § 10; 1985 c 352 § 8; 1975 1st
ex.s. c 244 § 5.]
10.05.050
*Reviser’s note: Chapter 70.96A RCW was amended by 1990 c 151,
changing "treatment facility" to "treatment program."
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
10.05.055 Child welfare services. Child welfare services provided under chapter 74.13 RCW pursuant to a
deferred prosecution ordered under RCW 10.05.060 may not
be construed to prohibit the department from providing services or undertaking proceedings pursuant to chapter 13.34 or
26.44 RCW. [2002 c 219 § 12.]
10.05.055
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
10.05.060 Procedure upon approval of plan. If the
report recommends treatment, the court shall examine the
10.05.060
(2010 Ed.)
Deferred Prosecution—Courts of Limited Jurisdiction
treatment plan. If it approves the plan and the petitioner
agrees to comply with its terms and conditions and agrees to
pay the cost thereof, if able to do so, or arrange for the treatment, an entry shall be made upon the person’s court docket
showing that the person has been accepted for deferred prosecution. A copy of the treatment plan shall be filed with the
court. If the charge be one that an abstract of the docket
showing the charge, the date of the violation for which the
charge was made, and the date of petitioner’s acceptance is
required to be sent to the department of licensing, an abstract
shall be sent, and the department of licensing shall make an
entry of the charge and of the petitioner’s acceptance for
deferred prosecution on the department’s driving record of
the petitioner. The entry is not a conviction for purposes of
Title 46 RCW. Upon receipt of the abstract of the docket, the
department shall issue the petitioner a probationary license in
accordance with RCW 46.20.355, and the petitioner’s
driver’s license shall be on probationary status for five years
from the date of the violation that gave rise to the charge. The
department shall maintain the record for ten years from date
of entry of the order granting deferred prosecution. [2009 c
135 § 1; 1994 c 275 § 17; 1990 c 250 § 13; 1985 c 352 § 9;
1979 c 158 § 4; 1975 1st ex.s. c 244 § 6.]
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
Additional notes found at www.leg.wa.gov
10.05.070 Arraignment when treatment rejected.
When treatment is either not recommended or not approved
by the judge, or the petitioner declines to accept the treatment
plan, the petitioner shall be arraigned on the charge. [1985 c
352 § 10; 1975 1st ex.s. c 244 § 7.]
10.05.070
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
10.05.080 Evidence, uses and admissibility. If the
petition is not approved or is withdrawn before approval, evidence pertaining to or resulting from the petition and/or
investigation is inadmissible in any trial on the charges, but
shall be available for use after a conviction in determining a
sentence. [1985 c 352 § 11; 1975 1st ex.s. c 244 § 8.]
10.05.080
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
10.05.090 Procedure upon breach of treatment plan.
(Effective until January 1, 2011.) If a petitioner, who has
been accepted for a deferred prosecution, fails or neglects to
carry out and fulfill any term or condition of the petitioner’s
treatment plan or any term or condition imposed in connection with the installation of an interlock or other device under
RCW 46.20.720 or 46.20.385, the facility, center, institution,
or agency administering the treatment or the entity administering the use of the device, shall immediately report such
breach to the court, the prosecutor, and the petitioner or petitioner’s attorney of record, together with its recommendation.
The court upon receiving such a report shall hold a hearing to
determine whether the petitioner should be removed from the
deferred prosecution program. At the hearing, evidence shall
be taken of the petitioner’s alleged failure to comply with the
treatment plan or device installation and the petitioner shall
have the right to present evidence on his or her own behalf.
10.05.090
(2010 Ed.)
10.05.100
The court shall either order that the petitioner continue on the
treatment plan or be removed from deferred prosecution. If
the petitioner’s noncompliance is based on a violation of a
term or condition imposed in connection with the installation
of an ignition interlock device under *RCW 46.20.385, the
court shall either order that the petitioner comply with the
term or condition or be removed from deferred prosecution.
If removed from deferred prosecution, the court shall enter
judgment pursuant to RCW 10.05.020 and, if the charge for
which the deferred prosecution was granted was a misdemeanor or gross misdemeanor under Title 46 RCW, shall
notify the department of licensing of the removal and entry of
judgment. [2008 c 282 § 17; 1997 c 229 § 1; 1994 c 275 § 18;
1985 c 352 § 12; 1975 1st ex.s. c 244 § 9.]
*Reviser’s note: This reference should also include a reference to
RCW 46.20.720.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
Additional notes found at www.leg.wa.gov
10.05.090 Procedure upon breach of treatment plan.
(Effective January 1, 2011.) If a petitioner, who has been
accepted for a deferred prosecution, fails or neglects to carry
out and fulfill any term or condition of the petitioner’s treatment plan or any term or condition imposed in connection
with the installation of an interlock or other device under
RCW 46.20.720, the facility, center, institution, or agency
administering the treatment or the entity administering the
use of the device, shall immediately report such breach to the
court, the prosecutor, and the petitioner or petitioner’s attorney of record, together with its recommendation. The court
upon receiving such a report shall hold a hearing to determine
whether the petitioner should be removed from the deferred
prosecution program. At the hearing, evidence shall be taken
of the petitioner’s alleged failure to comply with the treatment plan or device installation and the petitioner shall have
the right to present evidence on his or her own behalf. The
court shall either order that the petitioner continue on the
treatment plan or be removed from deferred prosecution. If
removed from deferred prosecution, the court shall enter
judgment pursuant to RCW 10.05.020 and, if the charge for
which the deferred prosecution was granted was a misdemeanor or gross misdemeanor under Title 46 RCW, shall
notify the department of licensing of the removal and entry of
judgment. [2010 c 269 § 10; 2008 c 282 § 17; 1997 c 229 §
1; 1994 c 275 § 18; 1985 c 352 § 12; 1975 1st ex.s. c 244 § 9.]
10.05.090
Effective date—2010 c 269: See note following RCW 46.20.385.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
Additional notes found at www.leg.wa.gov
10.05.100 Conviction of similar offense. If a petitioner
is subsequently convicted of a similar offense that was committed while the petitioner was in a deferred prosecution program, upon notice the court shall remove the petitioner’s
docket from the deferred prosecution file and the court shall
enter judgment pursuant to RCW 10.05.020. [1998 c 208 § 2;
1985 c 352 § 13; 1975 1st ex.s. c 244 § 10.]
10.05.100
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
Additional notes found at www.leg.wa.gov
[Title 10 RCW—page 9]
10.05.110
Title 10 RCW: Criminal Procedure
10.05.110 Trial delay not grounds for dismissal.
Delay in bringing a case to trial caused by a petitioner
requesting deferred prosecution as provided for in this chapter shall not be grounds for dismissal. [1985 c 352 § 14; 1975
1st ex.s. c 244 § 11.]
10.05.110
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
10.05.120 Dismissal of charges. (1) Three years after
receiving proof of successful completion of the two-year
treatment program, and following proof to the court that the
petitioner has complied with the conditions imposed by the
court following successful completion of the two-year treatment program, but not before five years following entry of
the order of deferred prosecution pursuant to a petition
brought under RCW 10.05.020(1), the court shall dismiss the
charges pending against the petitioner.
(2) When a deferred prosecution is ordered pursuant to a
petition brought under RCW 10.05.020(2) and the court has
received proof that the petitioner has successfully completed
the child welfare service plan, or the plan has been terminated
because the alleged victim has reached his or her majority
and there are no other minor children in the home, the court
shall dismiss the charges pending against the petitioner:
PROVIDED, That in any case where the petitioner’s parental
rights have been terminated with regard to the alleged victim
due to abuse or neglect that occurred during the pendency of
the deferred prosecution, the termination shall be per se evidence that the petitioner did not successfully complete the
child welfare service plan. [2003 c 220 § 1; 2002 c 219 § 14;
1998 c 208 § 3; 1994 c 275 § 19; 1985 c 352 § 15; 1983 c 165
§ 45; 1975 1st ex.s. c 244 § 12.]
10.05.120
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
Legislative finding, intent—Effective dates—Severability—1983 c
165: See notes following RCW 46.20.308.
Additional notes found at www.leg.wa.gov
10.05.130 Services provided for indigent defendants.
Funds shall be appropriated from the fines and forfeitures of
the court to provide investigation, examination, report and
treatment plan for any indigent person who is unable to pay
the cost of any program of treatment. [1975 1st ex.s. c 244 §
13.]
10.05.130
10.05.140 Conditions of granting. As a condition of
granting a deferred prosecution petition, the court shall order
that the petitioner shall not operate a motor vehicle upon the
public highways without a valid operator’s license and proof
of liability insurance. The amount of liability insurance shall
be established by the court at not less than that established by
RCW 46.29.490. As a condition of granting a deferred prosecution petition on any alcohol-dependency based case, the
court shall also order the installation of an ignition interlock
under RCW 46.20.720. The required periods of use of the
interlock shall be not less than the periods provided for in
*RCW 46.20.720(2) (a), (b), and (c). As a condition of granting a deferred prosecution petition, the court may order the
petitioner to make restitution and to pay costs as defined in
RCW 10.01.160. To help ensure continued sobriety and
10.05.140
[Title 10 RCW—page 10]
reduce the likelihood of reoffense, the court may order reasonable conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help
recovery support groups for alcoholism or drugs, complete
abstinence from alcohol and all nonprescribed mind-altering
drugs, periodic urinalysis or breath analysis, and maintaining
law-abiding behavior. The court may terminate the deferred
prosecution program upon violation of the deferred prosecution order. [2004 c 95 § 1; 2003 c 220 § 2; 1999 c 331 § 4;
1997 c 229 § 2; 1991 c 247 § 1; 1985 c 352 § 16.]
*Reviser’s note: RCW 46.20.720 was amended by 2008 c 282 § 12,
changing subsection (2)(a), (b), and (c) to subsection (3)(a), (b), and (c),
effective January 1, 2009.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
Additional notes found at www.leg.wa.gov
10.05.150 Alcoholism program requirements. A
deferred prosecution program for alcoholism shall be for a
two-year period and shall include, but not be limited to, the
following requirements:
(1) Total abstinence from alcohol and all other nonprescribed mind-altering drugs;
(2) Participation in an intensive inpatient or intensive
outpatient program in a state-approved alcoholism treatment
program;
(3) Participation in a minimum of two meetings per week
of an alcoholism self-help recovery support group, as determined by the assessing agency, for the duration of the treatment program;
(4) Participation in an alcoholism self-help recovery support group, as determined by the assessing agency, from the
date of court approval of the plan to entry into intensive treatment;
(5) Not less than weekly approved outpatient counseling,
group or individual, for a minimum of six months following
the intensive phase of treatment;
(6) Not less than monthly outpatient contact, group or
individual, for the remainder of the two-year deferred prosecution period;
(7) The decision to include the use of prescribed drugs,
including disulfiram, as a condition of treatment shall be
reserved to the treating facility and the petitioner’s physician;
(8) All treatment within the purview of this section shall
occur within or be approved by a state-approved alcoholism
treatment program as described in chapter 70.96A RCW;
(9) Signature of the petitioner agreeing to the terms and
conditions of the treatment program. [1999 c 143 § 43; 1985
c 352 § 17.]
10.05.150
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
10.05.160 Appeal of deferred prosecution order.
(Effective until January 1, 2011.) The prosecutor may
appeal an order granting deferred prosecution on any or all of
the following grounds:
(1) Prior deferred prosecution has been granted to the
defendant;
(2) Failure of the court to obtain proof of insurance or a
treatment plan conforming to the requirements of this chapter;
10.05.160
(2010 Ed.)
Criminal Appeals From District Courts
(3) Failure of the court to comply with the requirements
of RCW 10.05.100;
(4) Failure of the evaluation facility to provide the information required in RCW 10.05.040 and 10.05.050, if the
defendant has been referred to the facility for treatment. If an
appeal on such basis is successful, the trial court may consider the use of another treatment program;
(5) Failure of the court to order the installation of an ignition interlock or other device under RCW 46.20.720 or
*46.20.385. [2008 c 282 § 19; 1999 c 143 § 44; 1998 c 208 §
4; 1985 c 352 § 18.]
*Reviser’s note: The reference to RCW 46.20.385 appears to be erroneous. The reference should be removed.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
Additional notes found at www.leg.wa.gov
10.05.160 Appeal of deferred prosecution order.
(Effective January 1, 2011.) The prosecutor may appeal an
order granting deferred prosecution on any or all of the following grounds:
(1) Prior deferred prosecution has been granted to the
defendant;
(2) Failure of the court to obtain proof of insurance or a
treatment plan conforming to the requirements of this chapter;
(3) Failure of the court to comply with the requirements
of RCW 10.05.100;
(4) Failure of the evaluation facility to provide the information required in RCW 10.05.040 and 10.05.050, if the
defendant has been referred to the facility for treatment. If an
appeal on such basis is successful, the trial court may consider the use of another treatment program;
(5) Failure of the court to order the installation of an ignition interlock or other device under RCW 10.05.140. [2010 c
269 § 11; 2008 c 282 § 19; 1999 c 143 § 44; 1998 c 208 § 4;
1985 c 352 § 18.]
10.05.160
Effective date—2010 c 269: See note following RCW 46.20.385.
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
Additional notes found at www.leg.wa.gov
10.05.170 Supervision as condition—Levy of assessment. As a condition of granting deferred prosecution, the
court may order supervision of the petitioner during the
period of deferral and may levy a monthly assessment upon
the petitioner as provided in RCW 10.64.120. In a jurisdiction with a probation department, the court may appoint the
probation department to supervise the petitioner. In a jurisdiction without a probation department, the court may
appoint an appropriate person or agency to supervise the petitioner. A supervisor appointed under this section shall be
required to do at least the following:
(1) If the charge for which deferral is granted relates to
operation of a motor vehicle, at least once every six months
request from the department of licensing an abstract of the
petitioner’s driving record; and
(2) At least once every month make contact with the
petitioner or with any agency to which the petitioner has been
directed for treatment as a part of the deferral. [1991 c 247 §
2; 1985 c 352 § 19.]
10.05.170
(2010 Ed.)
Chapter 10.14
Legislative finding—Severability—1985 c 352: See notes following
RCW 10.05.010.
Chapter 10.10 RCW
CRIMINAL APPEALS FROM DISTRICT COURTS
Chapter 10.10
Sections
10.10.010
10.10.060
Court rules.
Appeal—Costs—Default.
Rules of court: Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ).
10.10.010 Court rules. Every person convicted before
a district judge of any offense may appeal from the judgment
as provided by court rules. [1987 c 202 § 156; 1891 c 29 § 6,
part; RRS § 1919, part. Prior: Code 1881 § 1898, part; 1877
p 203 § 7, part; 1873 p 384 § 196, part; 1854 p 261 § 177. Formerly RCW 10.10.010, 10.10.020, and 10.10.030.]
10.10.010
Intent—1987 c 202: See note following RCW 2.04.190.
10.10.060 Appeal—Costs—Default. The appellant in
a criminal action shall not be required to advance any fees in
claiming his or her appeal nor in prosecuting the same; but if
convicted in the appellate court, or if sentenced for failing to
prosecute his or her appeal, he or she may be required as a
part of the sentence to pay the costs of the prosecution. If the
appellant shall fail to enter and prosecute his or her appeal he
or she shall be defaulted of his or her recognizance, if any
was taken, and the superior court may award sentence against
him or her for the offense whereof he or she was convicted in
like manner as if he or she had been convicted thereof in that
court; and if he or she be not then in custody process may be
issued to bring him or her into court to receive sentence.
[2010 c 8 § 1008; 1891 c 29 § 7; RRS § 1920. Prior: Code
1881 § 1900; 1873 p 384 § 198, part; 1854 p 261 § 179. Formerly RCW 10.10.060 and 10.10.080.]
10.10.060
Chapter 10.14
Chapter 10.14 RCW
HARASSMENT
Sections
10.14.010
10.14.020
10.14.030
10.14.040
10.14.050
10.14.055
10.14.060
10.14.070
10.14.080
10.14.085
10.14.090
10.14.100
10.14.105
10.14.110
10.14.115
10.14.120
10.14.125
10.14.130
10.14.140
10.14.150
10.14.155
10.14.160
10.14.170
10.14.180
Legislative finding, intent.
Definitions.
Course of conduct—Determination of purpose.
Protection order—Petition.
Administrator for courts—Forms, information.
Fees excused, when.
Proceeding in forma pauperis.
Hearing—Service.
Antiharassment protection orders—Ex parte temporary—
Hearing—Longer term, renewal.
Hearing reset after ex parte order—Service by publication—
Circumstances.
Representation or appearance.
Service of order.
Order following service by publication.
Notice to law enforcement agencies—Enforceability.
Enforcement of order—Knowledge prerequisite to penalties—
Reasonable efforts to serve copy of order.
Disobedience of order—Penalties.
Service by publication—Costs.
Exclusion of certain actions.
Other remedies.
Jurisdiction.
Personal jurisdiction—Nonresident individual.
Where action may be brought.
Criminal penalty.
Modification of order.
[Title 10 RCW—page 11]
10.14.010
10.14.190
10.14.200
10.14.900
Title 10 RCW: Criminal Procedure
Constitutional rights.
Availability of orders in family law proceedings.
Severability—1987 c 280.
10.14.010 Legislative finding, intent. The legislature
finds that serious, personal harassment through repeated
invasions of a person’s privacy by acts and words showing a
pattern of harassment designed to coerce, intimidate, or
humiliate the victim is increasing. The legislature further
finds that the prevention of such harassment is an important
governmental objective. This chapter is intended to provide
victims with a speedy and inexpensive method of obtaining
civil antiharassment protection orders preventing all further
unwanted contact between the victim and the perpetrator.
[1987 c 280 § 1.]
10.14.010
10.14.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Unlawful harassment" means a knowing and willful
course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. The
course of conduct shall be such as would cause a reasonable
person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the petitioner, or,
when the course of conduct would cause a reasonable parent
to fear for the well-being of their child.
(2) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short,
evidencing a continuity of purpose. "Course of conduct"
includes, in addition to any other form of communication,
contact, or conduct, the sending of an electronic communication. Constitutionally protected activity is not included within
the meaning of "course of conduct." [2001 c 260 § 2; 1999 c
27 § 4; 1995 c 127 § 1; 1987 c 280 § 2.]
10.14.020
Findings—Intent—2001 c 260: "The legislature finds that unlawful
harassment directed at a child by a person under the age of eighteen is not
acceptable and can have serious consequences. The legislature further finds
that some interactions between minors, such as "schoolyard scuffles,"
though not to be condoned, may not rise to the level of unlawful harassment.
It is the intent of the legislature that a protection order sought by the parent
or guardian of a child as provided for in this chapter be available only when
the alleged behavior of the person under the age of eighteen to be restrained
rises to the level set forth in chapter 10.14 RCW." [2001 c 260 § 1.]
Intent—1999 c 27: See note following RCW 9A.46.020.
10.14.030 Course of conduct—Determination of purpose. In determining whether the course of conduct serves
any legitimate or lawful purpose, the court should consider
whether:
(1) Any current contact between the parties was initiated
by the respondent only or was initiated by both parties;
(2) The respondent has been given clear notice that all
further contact with the petitioner is unwanted;
(3) The respondent’s course of conduct appears designed
to alarm, annoy, or harass the petitioner;
(4) The respondent is acting pursuant to any statutory
authority, including but not limited to acts which are reasonably necessary to:
(a) Protect property or liberty interests;
(b) Enforce the law; or
(c) Meet specific statutory duties or requirements;
10.14.030
[Title 10 RCW—page 12]
(5) The respondent’s course of conduct has the purpose
or effect of unreasonably interfering with the petitioner’s privacy or the purpose or effect of creating an intimidating, hostile, or offensive living environment for the petitioner;
(6) Contact by the respondent with the petitioner or the
petitioner’s family has been limited in any manner by any
previous court order. [1987 c 280 § 3.]
10.14.040 Protection order—Petition. There shall
exist an action known as a petition for an order for protection
in cases of unlawful harassment.
(1) A petition for relief shall allege the existence of
harassment and shall be accompanied by an affidavit made
under oath stating the specific facts and circumstances from
which relief is sought.
(2) A petition for relief may be made regardless of
whether or not there is a pending lawsuit, complaint, petition,
or other action between the parties.
(3) All court clerks’ offices shall make available simplified forms and instructional brochures. Any assistance or
information provided by clerks under this section does not
constitute the practice of law and clerks are not responsible
for incorrect information contained in a petition.
(4) Filing fees are set in RCW 36.18.020, but no filing
fee may be charged for a petition filed in an existing action or
under an existing cause number brought under this chapter in
the jurisdiction where the relief is sought or as provided in
RCW 10.14.055. Forms and instructional brochures shall be
provided free of charge.
(5) A person is not required to post a bond to obtain relief
in any proceeding under this section.
(6) The parent or guardian of a child under age eighteen
may petition for an order of protection to restrain a person
age eighteen years or over from contact with that child upon
a showing that contact with the person to be enjoined is detrimental to the welfare of the child.
(7) The parent or guardian of a child under the age of
eighteen may petition in superior court for an order of protection to restrain a person under the age of eighteen years from
contact with that child only in cases where the person to be
restrained has been adjudicated of an offense against the child
protected by the order, or is under investigation or has been
investigated for such an offense. In issuing a protection order
under this subsection, the court shall consider, among the
other facts of the case, the severity of the alleged offense, any
continuing physical danger or emotional distress to the
alleged victim, and the expense, difficulty, and educational
disruption that would be caused by a transfer of the alleged
offender to another school. The court may order that the person restrained in the order not attend the public or approved
private elementary, middle, or high school attended by the
person under the age of eighteen years protected by the order.
In the event that the court orders a transfer of the restrained
person to another school, the parents or legal guardians of the
person restrained in the order are responsible for transportation and other costs associated with the change of school by
the person restrained in the order. The court shall send notice
of the restriction on attending the same school as the person
protected by the order to the public or approved private
school the person restrained by the order will attend and to
the school the person protected by the order attends. [2002 c
10.14.040
(2010 Ed.)
Harassment
117 § 1; 2001 c 260 § 3. Prior: 1995 c 292 § 2; 1995 c 127 §
2; 1987 c 280 § 4.]
Findings—Intent—2001 c 260: See note following RCW 10.14.020.
10.14.050 Administrator for courts—Forms, information. The administrator for the courts shall develop and
prepare, in consultation with interested persons, model forms
a n d i n s tr u c t io n a l b r o c h u r e s r e q u ir ed u n d e r R C W
10.14.040(3). [1987 c 280 § 5.]
10.14.050
10.14.055 Fees excused, when. No fees for filing or
service of process may be charged by a public agency to petitioners seeking relief under this chapter from a person who
has stalked them as that term is defined in RCW 9A.46.110,
or from a person who has engaged in conduct that would constitute a sex offense as defined in *RCW 9A.44.130, or from
a person who is a family or household member as defined in
RCW 26.50.010(2) who has engaged in conduct that would
c o n s t i t u t e d o m e s ti c v i o l e n c e a s d e f i n e d i n R C W
26.50.010(1). [2002 c 117 § 2.]
10.14.055
*Reviser’s note: RCW 9A.44.130 was amended by 2010 c 267 § 2,
removing the definition of "sex offense" and "kidnapping offense." Those
terms are now defined in RCW 9A.44.128.
10.14.060 Proceeding in forma pauperis. Persons
seeking relief under this chapter may file an application for
leave to proceed in forma pauperis on forms supplied by the
court. If the court determines that a petitioner lacks the funds
to pay the costs of filing, the petitioner shall be granted leave
to proceed in forma pauperis and no filing fee or any other
court related fees shall be charged by the court to the petitioner for relief sought under this chapter. If the petitioner is
granted leave to proceed in forma pauperis, then no fees for
service may be charged to the petitioner. [1987 c 280 § 6.]
10.14.060
10.14.070 Hearing—Service. Upon receipt of the petition alleging a prima facie case of harassment, other than a
petition alleging a sex offense as defined in chapter 9A.44
RCW, the court shall order a hearing which shall be held not
later than fourteen days from the date of the order. If the petition alleges a sex offense as defined in chapter 9A.44 RCW,
the court shall order a hearing which shall be held not later
than fourteen days from the date of the order. Except as provided in RCW 10.14.085, personal service shall be made
upon the respondent not less than five court days before the
hearing. If timely personal service cannot be made, the court
shall set a new hearing date and shall either require additional
attempts at obtaining personal service or permit service by
publication as provided by RCW 10.14.085. If the court permits service by publication, the court shall set the hearing
date not later than twenty-four days from the date of the
order. The court may issue an ex parte order for protection
pending the hearing as provided in RCW 10.14.080 and
10.14.085. [2005 c 144 § 1; 1992 c 143 § 10; 1987 c 280 § 7.]
10.14.070
10.14.080 Antiharassment protection orders—Ex
parte temporary—Hearing—Longer term, renewal. (1)
Upon filing a petition for a civil antiharassment protection
order under this chapter, the petitioner may obtain an ex parte
temporary antiharassment protection order. An ex parte tem10.14.080
(2010 Ed.)
10.14.080
porary antiharassment protection order may be granted with
or without notice upon the filing of an affidavit which, to the
satisfaction of the court, shows reasonable proof of unlawful
harassment of the petitioner by the respondent and that great
or irreparable harm will result to the petitioner if the temporary antiharassment protection order is not granted.
(2) An ex parte temporary antiharassment protection
order shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 10.14.085. The ex parte
order may be reissued. A full hearing, as provided in this
chapter, shall be set for not later than fourteen days from the
issuance of the temporary order or not later than twenty-four
days if service by publication is permitted. Except as provided in RCW 10.14.070 and 10.14.085, the respondent shall
be personally served with a copy of the ex parte order along
with a copy of the petition and notice of the date set for the
hearing. The ex parte order and notice of hearing shall
include at a minimum the date and time of the hearing set by
the court to determine if the temporary order should be made
effective for one year or more, and notice that if the respondent should fail to appear or otherwise not respond, an order
for protection will be issued against the respondent pursuant
to the provisions of this chapter, for a minimum of one year
from the date of the hearing. The notice shall also include a
brief statement of the provisions of the ex parte order and
notify the respondent that a copy of the ex parte order and
notice of hearing has been filed with the clerk of the court.
(3) At the hearing, if the court finds by a preponderance
of the evidence that unlawful harassment exists, a civil antiharassment protection order shall issue prohibiting such
unlawful harassment.
(4) An order issued under this chapter shall be effective
for not more than one year unless the court finds that the
respondent is likely to resume unlawful harassment of the
petitioner when the order expires. If so, the court may enter
an order for a fixed time exceeding one year or may enter a
permanent antiharassment protection order. The court shall
not enter an order that is effective for more than one year if
the order restrains the respondent from contacting the respondent’s minor children. This limitation is not applicable to
civil antiharassment protection orders issued under chapter
26.09, 26.10, or 26.26 RCW. If the petitioner seeks relief for
a period longer than one year on behalf of the respondent’s
minor children, the court shall advise the petitioner that the
petitioner may apply for renewal of the order as provided in
this chapter or if appropriate may seek relief pursuant to
chapter 26.09 or 26.10 RCW.
(5) At any time within the three months before the expiration of the order, the petitioner may apply for a renewal of
the order by filing a petition for renewal. The petition for
renewal shall state the reasons why the petitioner seeks to
renew the protection order. Upon receipt of the petition for
renewal, the court shall order a hearing which shall be not
later than fourteen days from the date of the order. Except as
provided in RCW 10.14.085, personal service shall be made
upon the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new
hearing date and shall either require additional attempts at
obtaining personal service or permit service by publication as
provided by RCW 10.14.085. If the court permits service by
[Title 10 RCW—page 13]
10.14.085
Title 10 RCW: Criminal Procedure
publication, the court shall set the new hearing date not later
than twenty-four days from the date of the order. If the order
expires because timely service cannot be made the court shall
grant an ex parte order of protection as provided in this section. The court shall grant the petition for renewal unless the
respondent proves by a preponderance of the evidence that
the respondent will not resume harassment of the petitioner
when the order expires. The court may renew the protection
order for another fixed time period or may enter a permanent
order as provided in subsection (4) of this section.
(6) The court, in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection
order, shall have broad discretion to grant such relief as the
court deems proper, including an order:
(a) Restraining the respondent from making any attempts
to contact the petitioner;
(b) Restraining the respondent from making any
attempts to keep the petitioner under surveillance;
(c) Requiring the respondent to stay a stated distance
from the petitioner’s residence and workplace; and
(d) Considering the provisions of RCW 9.41.800.
(7) A petitioner may not obtain an ex parte temporary
antiharassment protection order against a respondent if the
petitioner has previously obtained two such ex parte orders
against the same respondent but has failed to obtain the issuance of a civil antiharassment protection order unless good
cause for such failure can be shown.
(8) The court order shall specify the date an order issued
pursuant to subsections (4) and (5) of this section expires if
any. The court order shall also state whether the court issued
the protection order following personal service or service by
publication and whether the court has approved service by
publication of an order issued under this section. [2001 c 311
§ 1; 1995 c 246 § 36; 1994 sp.s. c 7 § 448; 1992 c 143 § 11;
1987 c 280 § 8.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
10.14.085 Hearing reset after ex parte order—Service by publication—Circumstances. (1) If the respondent
was not personally served with the petition, notice of hearing,
and ex parte order before the hearing, the court shall reset the
hearing for twenty-four days from the date of entry of the
order and may order service by publication instead of personal service under the following circumstances:
(a) The sheriff or municipal officer files an affidavit stating that the officer was unable to complete personal service
upon the respondent. The affidavit must describe the number
and types of attempts the officer made to complete service;
(b) The petitioner files an affidavit stating that the petitioner believes that the respondent is hiding from the server to
avoid service. The petitioner’s affidavit must state the reasons for the belief that the petitioner [respondent] is avoiding
service;
(c) The server has deposited a copy of the summons, in
substantially the form prescribed in subsection (3) of this section, notice of hearing, and the ex parte order of protection in
the post office, directed to the respondent at the respondent’s
last known address, unless the server states that the server
does not know the respondent’s address; and
10.14.085
[Title 10 RCW—page 14]
(d) The court finds reasonable grounds exist to believe
that the respondent is concealing himself or herself to avoid
service, and that further attempts to personally serve the
respondent would be futile or unduly burdensome.
(2) The court shall reissue the temporary order of protection not to exceed another twenty-four days from the date of
reissuing the ex parte protection order and order to provide
service by publication.
(3) The publication shall be made in a newspaper of general circulation in the county where the petition was brought
and in the county of the last known address of the respondent
once a week for three consecutive weeks. The newspaper
selected must be one of the three most widely circulated
papers in the county. The publication of summons shall not
be made until the court orders service by publication under
this section. Service of the summons shall be considered
complete when the publication has been made for three consecutive weeks. The summons must be signed by the petitioner. The summons shall contain the date of the first publication, and shall require the respondent upon whom service
by publication is desired, to appear and answer the petition on
the date set for the hearing. The summons shall also contain a
brief statement of the reason for the petition and a summary
of the provisions under the ex parte order. The summons shall
be essentially in the following form:
In the . . . . . . . . . court of the state of Washington for
the county of . . . . . . . . .
. . . . . . . . . . . . . . ., Petitioner
vs.
No. . . . . . .
. . . . . . . . . . . . . . ., Respondent
The state of Washington to . . . . . . . . . (respondent):
You are hereby summoned to appear on the . . . . day
of . . . . . ., 19 . . ., at . . . . a.m./p.m., and respond to the
petition. If you fail to respond, an order of protection will
be issued against you pursuant to the provisions of chapter
10.14 RCW, for a minimum of one year from the date you
are required to appear. A temporary order of protection has
been issued against you, restraining you from the following: (Insert a brief statement of the provisions of the ex
parte order). A copy of the petition, notice of hearing, and
ex parte order has been filed with the clerk of this court.
..........................
Petitioner . . . . . . . . . . . . . . . . . .
[1992 c 143 § 12.]
10.14.090
10.14.090 Representation or appearance. (1) Nothing
in this chapter shall preclude either party from representation
by private counsel or from appearing on his or her own
behalf.
(2) The court may require the respondent to pay the filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action,
including a reasonable attorney’s fee. If the petitioner has
been granted leave to proceed in forma pauperis, the court
may require the respondent to pay the filing fee and costs,
including services fees, to the county or municipality incurring the expense. [1992 c 143 § 14; 1987 c 280 § 9.]
(2010 Ed.)
Harassment
10.14.100 Service of order. (1) An order issued under
this chapter shall be personally served upon the respondent,
except as provided in subsections (5) and (7) of this section.
(2) The sheriff of the county or the peace officers of the
municipality in which the respondent resides shall serve the
respondent personally unless the petitioner elects to have the
respondent served by a private party.
(3) If the sheriff or municipal peace officer cannot complete service upon the respondent within ten days, the sheriff
or municipal peace officer shall notify the petitioner.
(4) Returns of service under this chapter shall be made in
accordance with the applicable court rules.
(5) If an order entered by the court recites that the
respondent appeared in person before the court, the necessity
for further service is waived and proof of service of that order
is not necessary. The court’s order, entered after a hearing,
need not be served on a respondent who fails to appear before
the court, if material terms of the order have not changed
from those contained in the temporary order, and it is shown
to the court’s satisfaction that the respondent has previously
been personally served with the temporary order.
(6) Except in cases where the petitioner has fees waived
under RCW 10.14.055 or is granted leave to proceed in forma
pauperis, municipal police departments serving documents as
required under this chapter may collect the same fees for service and mileage authorized by RCW 36.18.040 to be collected by sheriffs.
(7) If the court previously entered an order allowing service by publication of the notice of hearing and temporary
order of protection pursuant to RCW 10.14.085, the court
may permit service by publication of the order of protection
issued under RCW 10.14.080. Service by publication must
comply with the requirements of RCW 10.14.085. [2002 c
117 § 3; 2001 c 311 § 2; 1992 c 143 § 15; 1987 c 280 § 10.]
10.14.100
10.14.150
order was personally served or served by publication. [1992
c 143 § 16; 1987 c 280 § 11.]
10.14.115 Enforcement of order—Knowledge prerequisite to penalties—Reasonable efforts to serve copy of
order. (1) When the court issues an order of protection pursuant to RCW 10.14.080, the court shall advise the petitioner
that the respondent may not be subjected to the penalties set
forth in RCW 10.14.120 and 10.14.170 for a violation of the
order unless the respondent knows of the order.
(2) When a peace officer investigates a report of an
alleged violation of an order for protection issued under this
chapter the officer shall attempt to determine whether the
respondent knew of the existence of the protection order. If
the officer determines that the respondent did not or probably
did not know about the protection order, the officer shall
make reasonable efforts to obtain a copy of the protection
order and serve it on the respondent during the investigation.
[1992 c 143 § 17.]
10.14.115
10.14.120 Disobedience of order—Penalties. Any
willful disobedience by a respondent age eighteen years or
over of any temporary antiharassment protection order or
civil antiharassment protection order issued under this chapter subjects the respondent to criminal penalties under this
chapter. Any respondent age eighteen years or over who willfully disobeys the terms of any order issued under this chapter may also, in the court’s discretion, be found in contempt
of court and subject to penalties under chapter 7.21 RCW.
Any respondent under the age of eighteen years who willfully
disobeys the terms of an order issued under this chapter may,
in the court’s discretion, be found in contempt of court and
subject to the sanction specified in RCW 7.21.030(4). [2001
c 260 § 4; 1989 c 373 § 14; 1987 c 280 § 12.]
10.14.120
Findings—Intent—2001 c 260: See note following RCW 10.14.020.
10.14.105 Order following service by publication.
Following completion of service by publication as provided
in RCW 10.14.085, if the respondent fails to appear at the
hearing, the court may issue an order of protection as provided in RCW 10.14.080. That order must be served pursuant
to RCW 10.14.100, and forwarded to the appropriate law
enforcement agency pursuant to RCW 10.14.110. [1992 c
143 § 13.]
10.14.105
10.14.110 Notice to law enforcement agencies—
Enforceability. (1) A copy of an antiharassment protection
order granted under this chapter shall be forwarded by the
clerk of the court on or before the next judicial day to the
appropriate law enforcement agency specified in the order.
Upon receipt of the order, the law enforcement agency
shall forthwith enter the order into any computer-based criminal intelligence information system available in this state
used by law enforcement agencies to list outstanding warrants. The law enforcement agency shall expunge expired
orders from the computer system. Entry into the law enforcement information system constitutes notice to all law
enforcement agencies of the existence of the order. The order
is fully enforceable in any county in the state.
(2) The information entered into the computer-based
system shall include notice to law enforcement whether the
10.14.110
(2010 Ed.)
Additional notes found at www.leg.wa.gov
10.14.125 Service by publication—Costs. The court
may permit service by publication under this chapter only if
the petitioner pays the cost of publication or if the petitioner’s
costs have been waived pursuant to RCW 10.14.055, unless
the county legislative authority allocates funds for service of
process by publication for petitioners who are granted leave
to proceed in forma pauperis. [2002 c 117 § 4; 1992 c 143 §
18.]
10.14.125
10.14.130 Exclusion of certain actions. Protection
orders authorized under this chapter shall not be issued for
any action specifically covered by chapter 7.90, 10.99, or
26.50 RCW. [2006 c 138 § 22; 1987 c 280 § 13.]
10.14.130
Short title—2006 c 138: See RCW 7.90.900.
10.14.140 Other remedies. Nothing in this chapter
shall preclude a petitioner’s right to utilize other existing civil
remedies. [1987 c 280 § 14.]
10.14.140
10.14.150 Jurisdiction. (1) The district courts shall
have jurisdiction and cognizance of any civil actions and proceedings brought under this chapter, except the district court
shall transfer such actions and proceedings to the superior
10.14.150
[Title 10 RCW—page 15]
10.14.155
Title 10 RCW: Criminal Procedure
court when it is shown that the respondent to the petition is
under eighteen years of age.
(2) Municipal courts may exercise jurisdiction and cognizance of any civil actions and proceedings brought under
this chapter by adoption of local court rule, except the municipal court shall transfer such actions and proceedings to the
superior court when it is shown that the respondent to the
petition is under eighteen years of age.
(3) Superior courts shall have concurrent jurisdiction to
receive transfer of antiharassment petitions in cases where a
district or municipal court judge makes findings of fact and
conclusions of law showing that meritorious reasons exist for
the transfer. The municipal and district courts shall have
jurisdiction and cognizance of any criminal actions brought
under RCW 10.14.120 and 10.14.170. [2005 c 196 § 1; 1999
c 170 § 1; 1991 c 33 § 2; 1987 c 280 § 15.]
Additional notes found at www.leg.wa.gov
10.14.155 Personal jurisdiction—Nonresident individual. (1) In a proceeding in which a petition for an order
for protection under this chapter is sought, a court of this state
may exercise personal jurisdiction over a nonresident individual if:
(a) The individual is personally served with a petition
within this state;
(b) The individual submits to the jurisdiction of this state
by consent, entering a general appearance, or filing a responsive document having the effect of waiving any objection to
consent to personal jurisdiction;
(c) The act or acts of the individual or the individual’s
agent giving rise to the petition or enforcement of an order for
protection occurred within this state;
(d)(i) The act or acts of the individual or the individual’s
agent giving rise to the petition or enforcement of an order for
protection occurred outside this state and are part of an ongoing pattern of harassment that has an adverse effect on the
petitioner or a member of the petitioner’s family or household and the petitioner resides in this state; or
(ii) As a result of acts of harassment, the petitioner or a
member of the petitioner’s family or household has sought
safety or protection in this state and currently resides in this
state; or
(e) There is any other basis consistent with RCW
4.28.185 or with the constitutions of this state and the United
States.
(2) For jurisdiction to be exercised under subsection
(1)(d)(i) or (ii) of this section, the individual must have communicated with the petitioner or a member of the petitioner’s
family, directly or indirectly, or made known a threat to the
safety of the petitioner or member of the petitioner’s family
while the petitioner or family member resides in this state.
For the purposes of subsection (1)(d)(i) or (ii) of this section,
"communicated or made known" includes, but is not limited
to, through the mail, telephonically, or a posting on an electronic communication site or medium. Communication on
any electronic medium that is generally available to any individual residing in the state shall be sufficient to exercise jurisdiction under subsection (1)(d)(i) or (ii) of this section.
(3) For the purposes of this section, an act or acts that
"occurred within this state" includes, but is not limited to, an
10.14.155
[Title 10 RCW—page 16]
oral or written statement made or published by a person outside of this state to any person in this state by means of the
mail, interstate commerce, or foreign commerce. Oral or
written statements sent by electronic mail or the internet are
deemed to have "occurred within this state." [2010 c 274 §
308.]
Intent—2010 c 274: See note following RCW 10.31.100.
10.14.160 Where action may be brought. For the purposes of this chapter an action may be brought in:
(1) The judicial district of the county in which the
alleged acts of unlawful harassment occurred;
(2) The judicial district of the county where any respondent resides at the time the petition is filed;
(3) The judicial district of the county where a respondent
may be served if it is the same county or judicial district
where a respondent resides;
(4) The municipality in which the alleged acts of unlawful harassment occurred;
(5) The municipality where any respondent resides at the
time the petition is filed; or
(6) The municipality where a respondent may be served
if it is the same county or judicial district where a respondent
resides. [2005 c 196 § 2; 1992 c 127 § 1; 1987 c 280 § 16.]
10.14.160
10.14.170 Criminal penalty. Any respondent age eighteen years or over who willfully disobeys any civil antiharassment protection order issued pursuant to this chapter shall
be guilty of a gross misdemeanor. [2001 c 260 § 5; 1987 c
280 § 17.]
10.14.170
Findings—Intent—2001 c 260: See note following RCW 10.14.020.
10.14.180 Modification of order. Upon application
with notice to all parties and after a hearing, the court may
modify the terms of an existing order under this chapter. In
any situation where an order is terminated or modified before
its expiration date, the clerk of the court shall forward on or
before the next judicial day a true copy of the modified order
or the termination order to the appropriate law enforcement
agency specified in the modified order or termination order.
Upon receipt of the order, the law enforcement agency shall
promptly enter it in the law enforcement information system.
[1987 c 280 § 18.]
10.14.180
10.14.190 Constitutional rights. Nothing in this chapter shall be construed to infringe upon any constitutionally
protected rights including, but not limited to, freedom of
speech and freedom of assembly. [1987 c 280 § 19.]
10.14.190
10.14.200 Availability of orders in family law proceedings. Any order available under this chapter may be
issued in actions under chapter 13.32A, 26.09, 26.10, or
26.26 RCW. An order available under this chapter that is
issued under those chapters shall be fully enforceable and
shall be enforced pursuant to the provisions of this chapter.
[1999 c 397 § 4; 1995 c 246 § 35.]
10.14.200
Additional notes found at www.leg.wa.gov
10.14.900 Severability—1987 c 280. If any provision
of this act or its application to any person or circumstance is
10.14.900
(2010 Ed.)
Preliminary Hearings
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 280 § 22.]
Chapter 10.16
Chapter 10.16 RCW
PRELIMINARY HEARINGS
Sections
10.16.080
10.16.100
10.16.110
10.16.145
10.16.150
10.16.160
Discharge of defendant—Frivolous complaints.
Abstract of costs forwarded with transcript.
Statement of prosecuting attorney if no information filed—
Court action.
Witnesses—Recognizances with sureties.
Recognizances for minors.
Witnesses—Failure to furnish recognizance—Commitment—
Deposition—Discharge.
Magistrates: Chapter 2.20 RCW.
Municipal judges as magistrates: RCW 35.20.020, 35.20.250.
10.16.080 Discharge of defendant—Frivolous complaints. If it should appear upon the whole examination that
no offense has been committed, or that there is not probable
cause for charging the defendant with an offense, he or she
shall be discharged, and if in the opinion of the magistrate,
the complaint was malicious, or without probable cause, and
there was no reasonable ground therefor, the costs shall be
taxed against the party making the complaint. [2010 c 8 §
1009; Code 1881 § 1925; 1873 p 395 § 223; 1854 p 107 § 31;
RRS § 1954.]
10.16.080
10.16.100 Abstract of costs forwarded with transcript. In all cases where any magistrate shall order a defendant to recognize for his or her appearance before a district or
superior court, the magistrate shall forward with the papers in
the case, an abstract of the costs that have accrued in the case,
and such costs shall be subject to the final determination of
the case. [1987 c 202 § 163; Code 1881 § 1937; 1873 p 397
§ 236; 1854 p 109 § 44; RRS § 1966.]
10.16.100
Intent—1987 c 202: See note following RCW 2.04.190.
10.16.110 Statement of prosecuting attorney if no
information filed—Court action. It shall be the duty of the
prosecuting attorney of the proper county to inquire into and
make full examination of all the facts and circumstances connected with any case of preliminary examination, as provided
by law, touching the commission of any offense wherein the
offender shall be committed to jail, or become recognized or
held to bail; and if the prosecuting attorney shall determine in
any such case that an information ought not to be filed, he or
she shall make, subscribe, and file with the clerk of the court
a statement in writing containing his or her reasons, in fact
and in law, for not filing an information in such case, and
such statement shall be filed at and during the session of court
at which the offender shall be held for his or her appearance:
PROVIDED, That in such case such court may examine such
statement, together with the evidence filed in the case, and if
upon such examination the court shall not be satisfied with
such statement, the prosecuting attorney shall be directed by
the court to file the proper information and bring the case to
trial. [2010 c 8 § 1010; 1890 p 102 § 6; RRS § 2053. Formerly RCW 10.16.110 and 10.16.120.]
10.16.110
(2010 Ed.)
10.16.160
10.16.145 Witnesses—Recognizances with sureties.
If the magistrate shall be satisfied that there is good cause to
believe that any such witness will not perform the condition
of his or her recognizance unless other security be given,
such magistrate may order the witness to enter into recognizance with such sureties as may be deemed necessary for his
or her appearance at court. [2010 c 8 § 1011; Code 1881 §
1930; 1873 p 396 § 229; 1854 p 108 § 37; RRS § 1960. Formerly codified in RCW 10.16.140, part.]
10.16.145
Rules of court: This section probably superseded by CrR 6.13. See comment after CrR 6.13.
10.16.150 Recognizances for minors. When any
minor is a material witness, any other person may be allowed
to recognize for the appearance of such witness, or the magistrate may, in his or her discretion, take the recognizance of
such minor in a sum not exceeding fifty dollars which shall
be valid and binding in law, notwithstanding the disability of
minority. [2010 c 8 § 1012; 1973 1st ex.s. c 154 § 19; Code
1881 § 1931; 1873 p 396 § 230; 1854 p 108 § 38; RRS §
1961.]
10.16.150
Rules of court: This section probably superseded by CrR 6.13. See comment after CrR 6.13.
Additional notes found at www.leg.wa.gov
10.16.160 Witnesses—Failure to furnish recognizance—Commitment—Deposition—Discharge. All witnesses required to recognize with or without sureties shall, if
they refuse, be committed to the county jail by the magistrate,
there to remain until they comply with such orders or be otherwise discharged according to law: PROVIDED, That when
the magistrate is satisfied that any witness required to recognize with sureties is unable to comply with such order, the
magistrate shall immediately take the deposition of such witness and discharge the witness from custody upon the witness’ own recognizance. The testimony of the witness shall
be reduced to writing by a district judge or some competent
person under the judge’s direction, and only the exact words
of the witness shall be taken; the deposition, except the crossexamination, shall be in the narrative form, and upon the
cross-examination the questions and answers shall be taken
in full. The defendant must be present in person when the
deposition is taken, and shall have an opportunity to crossexamine the witnesses; the defendant may make any objections to the admission of any part of the testimony, and all
objections shall be noted by the district judge; but the district
judge shall not decide as to the admissibility of the evidence,
but shall take all the testimony offered by the witness. The
deposition must be carefully read to the witness, and any corrections the witness may desire to make thereto shall be made
in presence of the defendant by adding the same to the deposition as first taken; it must be signed by the witness, certified
by the district judge, and transmitted to the clerk of the superior court, in the same manner as depositions in civil actions.
And if the witness is not present when required to testify in
the case, either before the grand jury or upon the trial in the
superior court, the deposition shall be submitted to the judge
of such superior court, upon the objections noted by the district judge, and such judge shall suppress so much of said
deposition as such judge shall find to be inadmissible, and the
remainder of the deposition may be read as evidence in the
10.16.160
[Title 10 RCW—page 17]
Chapter 10.19
Title 10 RCW: Criminal Procedure
case, either before the grand jury or upon the trial in the court.
[1987 c 202 § 164; 1891 c 11 § 15; Code 1881 § 1932; 1877
p 203 § 8; 1873 p 396 § 232; 1854 p 108 § 39; RRS § 1962.
Formerly RCW 10.16.160, 10.16.170, and 10.16.180.]
Rules of court: This section modified if not superseded by CrR 6.13. See
comment after CrR 6.13.
Intent—1987 c 202: See note following RCW 2.04.190.
Chapter 10.19
Chapter 10.19 RCW
BAIL AND APPEARANCE BONDS
Sections
10.19.040
10.19.060
10.19.065
10.19.090
10.19.100
10.19.105
10.19.110
10.19.120
10.19.140
10.19.150
10.19.160
10.19.170
Officers authorized to take recognizance and approve bail.
Certification and filing of recognizances.
Taking and entering recognizances.
Forfeiture, exoneration of recognizances—Judgment—Execution.
Stay of execution of forfeiture judgment—Bond.
Forfeiture judgment vacated on defendant’s production—
When.
Recognizances before district judge or magistrate—Forfeiture—Action.
Actions not barred by defect of form or formality.
Return of bond to surety, when.
Liability of surety, limitation.
Surrender of person under surety’s bond.
Violent offenders—Reasons for release without bail.
Bail
arresting officer’s duties regarding: RCW 10.31.030.
pending appeal to supreme court: RCW 10.73.040.
traffic offenses, nonresidents: RCW 46.64.035.
Fugitives, bail: Chapter 10.88 RCW.
Recognizance
for stay of execution: RCW 10.82.020, 10.82.025.
to keep the peace as incidence of conviction of crime: RCW 10.64.070,
10.64.075.
Recognizances relative to preliminary hearings: Chapter 10.16 RCW.
10.19.040 Officers authorized to take recognizance
and approve bail. Any officer authorized to execute a warrant in a criminal action, may take the recognizance and justify and approve the bail; he or she may administer an oath
and examine the bail as to its sufficiency. [2010 c 8 § 1013;
Code 1881 § 1034; 1873 p 229 § 214; 1854 p 114 § 78; RRS
§ 2087. FORMER PART OF SECTION: 1891 c 11 § 13;
Code 1881 § 1927; 1873 p 395 § 225; 1854 p 108 § 33; RRS
§ 1957, now codified in RCW 10.16.070.]
10.19.040
10.19.060 Certification and filing of recognizances.
Every recognizance taken by any peace officer must be certified by him or her forthwith to the clerk of the court to which
the defendant is recognized. The clerk must thereupon record
the recognizance in the order book, and, from the time of filing, it has the same effect as if taken in open court. [2010 c 8
§ 1014; Code 1881 § 1035; 1873 p 230 § 215; 1854 p 114 §
79; RRS § 2088.]
10.19.060
to appear and answer, shall have been taken and a default
entered, the recognizance shall be declared forfeited by the
court, and at the time of adjudging such forfeiture said court
shall enter judgment against the principal and sureties named
in such recognizance for the sum therein mentioned, and execution may issue thereon the same as upon other judgments.
If the surety is not notified by the court in writing of the unexplained failure of the defendant to appear within thirty days
of the date for appearance, then the forfeiture shall be null
and void and the recognizance exonerated. [1986 c 322 § 2;
Code 1881 § 1137; 1873 p 230 § 217; 1867 p 103 § 1; RRS §
2231.]
Additional notes found at www.leg.wa.gov
10.19.100 Stay of execution of forfeiture judgment—
Bond. The parties, or either of them, against whom such
judgment may be entered in the superior or supreme courts,
may stay said execution for sixty days by giving a bond with
two or more sureties, to be approved by the clerk, conditioned
for the payment of such judgment at the expiration of sixty
days, unless the same shall be vacated before the expiration
of that time. [1891 c 28 § 86; Code 1881 § 1138; 1873 p 242
§ 281; 1867 p 103 § 2; RRS § 2232. FORMER PART OF
SECTION: 1891 c 28 § 87; Code 1881 § 1139; 1867 p 103 §
3; RRS § 2233, now codified as RCW 10.19.105.]
10.19.100
10.19.105 Forfeiture judgment vacated on defendant’s production—When. If a bond be given and execution stayed, as provided in RCW 10.19.100, and the person
for whose appearance such recognizance was given shall be
produced in court before the expiration of said period of sixty
days, the judge may vacate such judgment upon such terms as
may be just and equitable, otherwise execution shall forthwith issue as well against the sureties in the new bond as
against the judgment debtors. [1891 c 28 § 87; Code 1881 §
1139; 1867 p 103 § 3; RRS § 2233. Formerly RCW
10.19.100, part.]
10.19.105
10.19.110 Recognizances before district judge or
magistrate—Forfeiture—Action. All recognizances taken
and forfeited before any district judge or magistrate, shall be
forthwith certified to the clerk of the superior court of the
county; and it shall be the duty of the prosecuting attorney to
proceed at once by action against all the persons bound in
such recognizances, and in all forfeited recognizances whatever, or such of them as the prosecuting attorney may elect to
proceed against. [1987 c 202 § 165; Code 1881 § 1166; 1873
p 230 § 215; 1854 p 128 § 175; RRS § 2234. FORMER
PART OF SECTION: Code 1881 § 1936; 1873 p 397 § 235;
1863 p 390 § 216; 1859 p 141 § 185; 1854 p 109 § 43; RRS §
1965, now codified as RCW 10.16.190.]
10.19.110
Intent—1987 c 202: See note following RCW 2.04.190.
10.19.065 Taking and entering recognizances.
Recognizances in criminal proceedings may be taken in open
court and entered on the order book. [Code 1881 § 1033;
1854 p 114 § 77; RRS § 2086.]
10.19.065
10.19.090 Forfeiture, exoneration of recognizances—
Judgment—Execution. In criminal cases where a recognizance for the appearance of any person, either as a witness or
10.19.090
[Title 10 RCW—page 18]
10.19.120 Actions not barred by defect of form or
formality. No action brought on any recognizance, bail, or
appearance bond given in any criminal proceeding whatever
shall be barred or defeated, nor shall judgment be arrested
thereon, by reason of any neglect or omission to note or
record the default of any principal or surety at the time when
such default shall happen, or by reason of any defect in the
10.19.120
(2010 Ed.)
Bail Determinations Under Article I, Section 20—Conditions of Release
form of the recognizance, if it sufficiently appear from the
tenor thereof at what court or before what district judge the
party or witness was bound to appear, and that the court or
magistrate before whom it was taken was authorized by law
to require and take such recognizance; and a recognizance
may be recorded after execution awarded. [1987 c 202 § 166;
1891 c 28 § 88; Code 1881 § 1167; 1854 p 129 § 176; RRS §
2235. FORMER PART OF SECTION: Code 1881 § 749;
1854 p 219 § 489; RRS § 777, now codified as RCW
19.72.170.]
Intent—1987 c 202: See note following RCW 2.04.190.
10.19.140 Return of bond to surety, when. If a forfeiture has been entered against a person in a criminal case and
the person is returned to custody or produced in court within
twelve months from the forfeiture, then the full amount of the
bond, less any and all costs determined by the court to have
been incurred by law enforcement in transporting, locating,
apprehending, or processing the return of the person to the
jurisdiction of the court, shall be remitted to the surety if the
surety was directly responsible for producing the person in
court or directly responsible for apprehension of the person
by law enforcement. [1986 c 322 § 3.]
10.19.140
Additional notes found at www.leg.wa.gov
10.19.150 Liability of surety, limitation. The liability
of the surety is limited to the amount of the bond when acting
within the scope of the surety’s duties in issuing the bond.
[1986 c 322 § 4.]
10.19.150
Additional notes found at www.leg.wa.gov
10.19.160 Surrender of person under surety’s bond.
The surety on the bond may return to custody a person in a
criminal case under the surety’s bond if the surrender is
accompanied by a notice of forfeiture or a notarized affidavit
specifying the reasons for the surrender. The surrender shall
be made to the facility in which the person was originally
held in custody or the county or city jail affiliated with the
court issuing the warrant resulting in bail. [1986 c 322 § 5.]
10.19.160
Additional notes found at www.leg.wa.gov
10.19.170 Violent offenders—Reasons for release
without bail. Notwithstanding CrR 3.2, a court who releases
a defendant arrested or charged with a violent offense as
defined in RCW 9.94A.030 on the offender’s personal recognizance or personal recognizance with conditions must state
on the record the reasons why the court did not require the
defendant to post bail. [1996 c 181 § 1.]
10.19.170
Chapter 10.21 RCW
BAIL DETERMINATIONS UNDER ARTICLE I,
SECTION 20—CONDITIONS OF RELEASE
Chapter 10.21
Sections
10.21.010
10.21.020
10.21.030
10.21.040
10.21.050
10.21.060
(2010 Ed.)
Intent.
Appearance before judicial officer—Issuance of order.
Conditions of release—Judicial officer may amend order.
Detention order—Hearing—Expedited review.
Conditions of release—Judicial officer to consider available
information.
Hearing—Appearance—Defendant’s right to representation—
Detention of defendant.
10.21.070
10.21.080
10.21.900
10.21.030
Release order—Requirements.
Detention order—Requirements—Temporary release.
Construction of chapter.
10.21.010 Intent. (Effective January 1, 2011, if the
proposed amendment to Article I, section 20 of the state
Constitution is approved at the November 2010 general
election.) It is the intent of the legislature to enact a law for
the purpose of reasonably assuring public safety in bail determination hearings and hearings pursuant to the proposed
amendment to Article I, section 20 of the state Constitution
set forth in House Joint Resolution No. 4220. Other provisions of law address matters relating to assuring the appearance of the defendant at trial and preventing interference with
the administration of justice. [2010 c 254 § 3.]
10.21.010
Intent—2010 c 254: "The legislature intends by this act to require an
individualized determination by a judicial officer of conditions of release for
persons in custody for felony. This requirement is consistent with constitutional requirements and court rules regarding the right of a detained person
to a prompt determination of probable cause and judicial review of the conditions of release and the requirement that judicial determinations of bail or
release be made no later than the preliminary appearance stage." [2010 c 254
§ 1.]
Contingent effective date—2010 c 254: "Sections 1 and 2 of this act
take effect January 1, 2011. Sections 3 through 10 of this act take effect January 1, 2011, only if the proposed amendment to Article I, section 20 of the
state Constitution proposed in House Joint Resolution No. 4220 is validly
submitted to and is approved and ratified by the voters at the next general
election. If the proposed amendment is not approved and ratified, sections 3
through 11 of this act are null and void in their entirety." [2010 c 254 § 14.]
10.21.020 Appearance before judicial officer—Issuance of order. (Effective January 1, 2011, if the proposed
amendment to Article I, section 20 of the state Constitution
is approved at the November 2010 general election.) Upon
the appearance before a judicial officer of a person charged
with an offense, the judicial officer must issue an order that,
pending trial, the person be:
(1) Released on personal recognizance;
(2) Released on a condition or combination of conditions
ordered under RCW 10.21.030 or other provision of law;
(3) Temporarily detained as allowed by law; or
(4) Detained as provided under chapter 254, Laws of
2010. [2010 c 254 § 4.]
10.21.020
Intent—Contingent effective date—2010 c 254: See notes following
RCW 10.21.010.
10.21.030 Conditions of release—Judicial officer
may amend order. (Effective January 1, 2011, if the proposed amendment to Article I, section 20 of the state Constitution is approved at the November 2010 general election.)
(1) The judicial officer may at any time amend the order to
impose additional or different conditions of release. The conditions imposed under this chapter supplement but do not
supplant provisions of law allowing the imposition of conditions to assure the appearance of the defendant at trial or to
prevent interference with the administration of justice.
(2) Appropriate conditions of release under this chapter
include, but are not limited to, the following:
(a) The defendant may be placed in the custody of a designated person or organization agreeing to supervise the
defendant;
10.21.030
[Title 10 RCW—page 19]
10.21.040
Title 10 RCW: Criminal Procedure
(b) The defendant may have restrictions placed upon
travel, association, or place of abode during the period of
release;
(c) The defendant may be required to comply with a
specified curfew;
(d) The defendant may be required to return to custody
during specified hours or to be placed on electronic monitoring, if available. The defendant, if convicted, may not have
the period of incarceration reduced by the number of days
spent on electronic monitoring;
(e) The defendant may be prohibited from approaching
or communicating in any manner with particular persons or
classes of persons;
(f) The defendant may be prohibited from going to certain geographical areas or premises;
(g) The defendant may be prohibited from possessing
any dangerous weapons or firearms;
(h) The defendant may be prohibited from possessing or
consuming any intoxicating liquors or drugs not prescribed to
the defendant. The defendant may be required to submit to
testing to determine the defendant’s compliance with this
condition;
(i) The defendant may be prohibited from operating a
motor vehicle that is not equipped with an ignition interlock
device;
(j) The defendant may be required to report regularly to
and remain under the supervision of an officer of the court or
other person or agency; and
(k) The defendant may be prohibited from committing
any violations of criminal law. [2010 c 254 § 5.]
Intent—Contingent effective date—2010 c 254: See notes following
RCW 10.21.010.
10.21.040 Detention order—Hearing—Expedited
review. (Effective January 1, 2011, if the proposed amendment to Article I, section 20 of the state Constitution is
approved at the November 2010 general election.) If, after a
hearing on offenses prescribed in Article I, section 20 of the
state Constitution, the judicial officer finds, by clear and convincing evidence, that a person shows a propensity for violence that creates a substantial likelihood of danger to the
community or any persons, and finds that no condition or
combination of conditions will reasonably assure the safety
of any other person and the community, such judicial officer
must order the detention of the person before trial. The
detainee is entitled to expedited review of the detention order
by the court of appeals under the writ provided in RCW
7.36.160. [2010 c 254 § 6.]
10.21.040
Intent—Contingent effective date—2010 c 254: See notes following
RCW 10.21.010.
10.21.050 Conditions of release—Judicial officer to
consider available information. (Effective January 1,
2011, if the proposed amendment to Article I, section 20 of
the state Constitution is approved at the November 2010
general election.) The judicial officer must, in determining
whether there are conditions of release that will reasonably
assure the safety of any other person and the community, take
into account the available information concerning:
(1) The nature and circumstances of the offense charged,
including whether the offense is a crime of violence;
10.21.050
[Title 10 RCW—page 20]
(2) The weight of the evidence against the defendant;
and
(3) The history and characteristics of the defendant,
including:
(a) The person’s character, physical and mental condition, family ties, employment, financial resources, length of
residence in the community, community ties, past conduct,
history relating to drug or alcohol abuse, criminal history,
and record concerning appearance at court proceedings;
(b) Whether, at the time of the current offense or arrest,
the defendant was on community supervision, probation,
parole, or on other release pending trial, sentencing, appeal,
or completion of sentence for an offense under federal, state,
or local law; and
(c) The nature and seriousness of the danger to any person or the community that would be posed by the defendant’s
release. [2010 c 254 § 7.]
Intent—Contingent effective date—2010 c 254: See notes following
RCW 10.21.010.
10.21.060 Hearing—Appearance—Defendant’s right
to representation—Detention of defendant. (Effective
January 1, 2011, if the proposed amendment to Article I,
section 20 of the state Constitution is approved at the
November 2010 general election.) (1) The judicial officer
must hold a hearing in cases involving offenses prescribed in
Article I, section 20, to determine whether any condition or
combination of conditions will reasonably assure the safety
of any other person and the community upon motion of the
attorney for the government.
(2) The hearing must be held immediately upon the
defendant’s first appearance before the judicial officer unless
the defendant, or the attorney for the government, seeks a
continuance. Except for good cause, a continuance on
motion of such person may not exceed five days (not including any intermediate Saturday, Sunday, or legal holiday), and
a continuance on motion of the attorney for the government
may not exceed three days (not including any intermediate
Saturday, Sunday, or legal holiday). During a continuance,
such person must be detained.
(3) At the hearing, such defendant has the right to be represented by counsel, and, if financially unable to obtain representation, to have counsel appointed. The defendant must
be afforded an opportunity to testify, to present witnesses, to
cross-examine witnesses who appear at the hearing, and to
present information by proffer or otherwise. The rules concerning admissibility of evidence in criminal trials do not
apply to the presentation and consideration of information at
the hearing. The facts the judicial officer uses to support a
finding that no condition or combination of conditions will
reasonably assure the safety of any other person and the community must be supported by clear and convincing evidence
of a propensity for violence that creates a substantial likelihood of danger to the community or any persons.
(4) The defendant may be detained pending completion
of the hearing. The hearing may be reopened, before or after
a determination by the judicial officer, at any time before trial
if the judicial officer finds that information exists that was not
known to the movant at the time of the hearing and that has a
material bearing on the issue whether there are conditions of
10.21.060
(2010 Ed.)
Compromise of Misdemeanors
release that will reasonably assure the safety of any other person and the community. [2010 c 254 § 8.]
Intent—Contingent effective date—2010 c 254: See notes following
RCW 10.21.010.
10.21.070 Release order—Requirements. (Effective
January 1, 2011, if the proposed amendment to Article I,
section 20 of the state Constitution is approved at the
November 2010 general election.) In a release order issued
under RCW 10.21.030 the judicial officer must:
(1) Include a written statement that sets forth all the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the defendant’s conduct; and
(2) Advise the defendant of:
(a) The penalties for violating a condition of release,
including the penalties for committing an offense while on
pretrial release; and
(b) The consequences of violating a condition of release,
including the immediate issuance of a warrant for the defendant’s arrest. [2010 c 254 § 9.]
10.21.070
Intent—Contingent effective date—2010 c 254: See notes following
RCW 10.21.010.
10.21.080 Detention order—Requirements—Temporary release. (Effective January 1, 2011, if the proposed
amendment to Article I, section 20 of the state Constitution
is approved at the November 2010 general election.) (1) In
a detention order issued under RCW 10.21.040, the judicial
officer must:
(a) Include written findings of fact and a written statement of the reasons for the detention;
(b) Direct that the person be committed to the custody of
the appropriate correctional authorities for confinement separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal; and
(c) Direct that the person be afforded reasonable opportunity for private consultation with counsel.
(2) The judicial officer may, by subsequent order, permit
the temporary release of the person, in the custody of an
appropriate law enforcement officer or other appropriate person, to the extent that the judicial officer determines such
release to be necessary for preparation of the person’s
defense or for another compelling reason. [2010 c 254 § 10.]
10.21.080
Intent—Contingent effective date—2010 c 254: See notes following
RCW 10.21.010.
10.21.900 Construction of chapter. Nothing in this
chapter may be construed as modifying or limiting the presumption of innocence. [2010 c 254 § 11.]
10.25.070
10.22.010 When permitted—Exceptions. When a
defendant is prosecuted in a criminal action for a misdemeanor, other than a violation of RCW 9A.48.105, for which
the person injured by the act constituting the offense has a
remedy by a civil action, the offense may be compromised as
provided in RCW 10.22.020, except when it was committed:
(1) By or upon an officer while in the execution of the
duties of his or her office;
(2) Riotously;
(3) With an intent to commit a felony; or
(4) By one family or household member against another
as defined in RCW 10.99.020 and was a crime of domestic
violence as defined in RCW 10.99.020. [2010 c 8 § 1015;
2008 c 276 § 308; 1999 c 143 § 45; 1989 c 411 § 3; Code
1881 § 1040; 1854 p 115 § 84; RRS § 2126. FORMER
PART OF SECTION: Code 1881 § 1935; 1873 p 397 § 234;
1854 p 109 § 42; RRS § 1964, now codified as RCW
10.16.135.]
10.22.010
Severability—Part headings, subheadings not law—2008 c 276: See
notes following RCW 36.28A.200.
10.22.020 Procedure—Costs. In such case, if the party
injured appear in the court in which the cause is pending at
any time before the final judgment therein, and acknowledge,
in writing, that he or she has received satisfaction for the
injury, the court may, in its discretion, on payment of the
costs incurred, order all proceedings to be discontinued and
the defendant to be discharged. The reasons for making the
order must be set forth therein and entered in the minutes.
Such order is a bar to another prosecution for the same
offense. [2010 c 8 § 1016; 1891 c 28 § 63; Code 1881 §§
1041, 1042; 1873 p 230 § 220; 1854 p 115 § 84; RRS §
2127.]
10.22.020
10.22.030 Compromise in all other cases forbidden.
No offense can be compromised, nor can any proceedings for
the prosecution or punishment thereof be stayed upon a compromise, except as provided in this chapter. [1891 c 28 § 64;
Code 1881 § 1043; RRS § 2128.]
10.22.030
Chapter 10.25
Chapter 10.25 RCW
JURISDICTION AND VENUE
Sections
10.25.065
10.25.070
10.25.130
10.25.140
Perjury outside the state.
Change of venue—Procedure.
Costs.
Change of venue by outside jury.
10.21.900
Intent—Contingent effective date—2010 c 254: See notes following
RCW 10.21.010.
Chapter 10.22
Chapter 10.22 RCW
COMPROMISE OF MISDEMEANORS
(2010 Ed.)
10.25.070 Change of venue—Procedure. The defendant may show to the court, by affidavit, that he or she
believes he or she cannot receive a fair trial in the county
where the action is pending, owing to the prejudice of the
10.25.070
Sections
10.22.010
10.22.020
10.22.030
10.25.065 Perjury outside the state. Perjury committed outside of the state of Washington in a statement, declaration, verification, or certificate authorized by RCW
9A.72.085 is punishable in the county in this state in which
occurs the act, transaction, matter, action, or proceeding, in
relation to which the statement, declaration, verification, or
certification was given or made. [1981 c 187 § 4.]
10.25.065
When permitted—Exceptions.
Procedure—Costs.
Compromise in all other cases forbidden.
[Title 10 RCW—page 21]
10.25.130
Title 10 RCW: Criminal Procedure
judge, or to excitement or prejudice against the defendant in
the county or some part thereof, and may thereupon demand
to be tried in another county. The application shall not be
granted on the ground of excitement or prejudice other than
prejudice of the judge, unless the affidavit of the defendant be
supported by other evidence, nor in any case unless the judge
is satisfied the ground upon which the application is made
does exist. [2010 c 8 § 1017; 1891 c 28 § 7; Code 1881 §
1072; 1854 p 117 § 98; RRS § 2018.]
10.25.130 Costs. When a criminal case is transferred to
another county pursuant to this chapter the county from
which such case is transferred shall pay to the county in
which the case is tried all costs accrued for per diem and
mileage for jurors and witnesses and all other costs properly
charged to a convicted defendant. [1961 c 303 § 2.]
10.25.130
10.25.140 Change of venue by outside jury. When a
change of venue is ordered and the court, upon motion to
transfer a jury or in the absence of such motion, determines
that it would be more economical to move the jury than to
move the pending action and that justice will be served, a
change of venue shall be accomplished by the selection of a
jury in the county to which the venue would otherwise have
been transferred and the selected jury moved to the county
where the indictment or information was filed. [1981 c 205 §
1.]
10.25.140
Chapter 10.27 RCW
GRAND JURIES—CRIMINAL INVESTIGATIONS
Chapter 10.27
Sections
10.27.010
10.27.020
10.27.030
10.27.040
10.27.050
10.27.060
10.27.070
10.27.080
10.27.090
10.27.100
10.27.110
10.27.120
10.27.130
10.27.140
10.27.150
10.27.160
10.27.170
10.27.180
10.27.190
Short title—Purpose.
Definitions.
Summoning grand jury.
Selection of grand jury members.
Special inquiry judge—Selection.
Discharge of panel, juror—Grounds.
Oath—Officers—Witnesses.
Persons authorized to attend—Restrictions on attorneys.
Secrecy enjoined—Exceptions—Use and availability of evidence.
Inquiry as to offenses—Duties—Investigation.
Duration of sessions—Extensions.
Self-incrimination—Right to counsel.
Self-incrimination—Refusal to testify or give evidence—Procedure.
Witnesses—Attendance.
Indictments—Issuance.
Grand jury report.
Special inquiry judge—Petition for order.
Special inquiry judge—Disqualification from subsequent proceedings.
Special inquiry judge—Direction to public attorney for proceedings in another county—Procedure.
Interpreters—Legal proceedings: Chapter 2.42 RCW.
Juries: Chapter 2.36 RCW.
10.27.010 Short title—Purpose. This chapter shall be
known as the criminal investigatory act of 1971 and is
enacted on behalf of the people of the state of Washington to
serve law enforcement in combating crime and corruption.
[1971 ex.s. c 67 § 1.]
10.27.010
10.27.020 Definitions. For the purposes of this chapter:
10.27.020
[Title 10 RCW—page 22]
(1) The term "court" shall mean any superior court in the
state of Washington.
(2) The term "public attorney" shall mean the prosecuting attorney of the county in which a grand jury or special
grand jury is impaneled; the attorney general of the state of
Washington when acting pursuant to RCW 10.27.070(9) and,
the special prosecutor appointed by the governor, pursuant to
RCW 10.27.070(10), and their deputies or special deputies.
(3) The term "indictment" shall mean a written accusation found by a grand jury.
(4) The term "principal" shall mean any person whose
conduct is being investigated by a grand jury or special
inquiry judge.
(5) The term "witness" shall mean any person summoned
to appear before a grand jury or special inquiry judge to
answer questions or produce evidence.
(6) A "grand jury" consists of twelve persons, is impaneled by a superior court and constitutes a part of such court.
The functions of a grand jury are to hear, examine and investigate evidence concerning criminal activity and corruption
and to take action with respect to such evidence. The grand
jury shall operate as a whole and not by committee.
(7) A "special inquiry judge" is a superior court judge
designated by a majority of the superior court judges of a
county to hear and receive evidence of crime and corruption.
[1988 c 188 § 16; 1971 ex.s. c 67 § 2.]
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
10.27.030 Summoning grand jury. No grand jury
shall be summoned to attend at the superior court of any
county except upon an order signed by a majority of the
judges thereof. A grand jury shall be summoned by the court,
where the public interest so demands, whenever in its opinion
there is sufficient evidence of criminal activity or corruption
within the county or whenever so requested by a public attorney, corporation counsel or city attorney upon showing of
good cause. [1971 ex.s. c 67 § 3.]
10.27.030
10.27.040 Selection of grand jury members. Members of the grand jury shall be selected in the manner provided in chapter 2.36 RCW. [1988 c 188 § 17; 1971 ex.s. c
67 § 4.]
10.27.040
Legislative findings—Severability—Effective date—1988 c 188:
See notes following RCW 2.36.010.
10.27.050 Special inquiry judge—Selection. In every
county a superior court judge as designated by a majority of
the judges shall be available to serve as a special inquiry
judge to hear evidence concerning criminal activity and corruption. [1971 ex.s. c 67 § 5.]
10.27.050
10.27.060 Discharge of panel, juror—Grounds. Neither the grand jury panel nor any individual grand juror may
be challenged, but the court may:
(1) At any time before a grand jury is sworn discharge
the panel and summon another if it finds that the original
panel does not substantially conform to the requirements of
chapter 2.36 RCW; or
(2) At any time after a grand juror is drawn, refuse to
swear him or her, or discharge him or her after he or she has
10.27.060
(2010 Ed.)
Grand Juries—Criminal Investigations
been sworn, upon a finding that he or she is disqualified from
service pursuant to chapter 2.36 RCW, or incapable of performing his or her duties because of bias or prejudice, or
guilty of misconduct in the performance of his or her duties
such as to impair the proper functioning of the grand jury.
[2010 c 8 § 1018; 1971 ex.s. c 67 § 6.]
10.27.070 Oath—Officers—Witnesses. (1) When the
grand jury is impaneled, the court shall appoint one of the
jurors to be foreperson, and also another of the jurors to act as
foreperson in case of the absence of the foreperson.
(2) The grand jurors must be sworn pursuant to the following oath: "You, as grand jurors for the county of . . . . . .,
do solemnly swear (or affirm) that you will diligently inquire
into and true presentment make of all such matters and things
as shall come to your knowledge and you will submit things
truly as they come to your knowledge, according to your
charge the laws of this state and your understanding; you
shall indict no person through envy, hatred, malice or political consideration; neither will you leave any person unindicted through fear, favor, affection, reward or the hope
thereof or political consideration. The counsel of the state,
his or her advice, and that of your fellows you shall keep
secret."
(3) After a grand jury has been sworn, the court must
deliver or cause to be delivered to each grand juror a printed
copy of all the provisions of this chapter, and the court may
give the grand jurors any oral or written instructions, or both,
relating to the proper performance of their duties at any time
it deems necessary or appropriate.
(4) The court shall appoint a reporter to record the proceedings before the grand jury or special inquiry judge, and
shall swear him or her not to disclose any testimony or the
name of any witness except as provided in RCW 10.27.090.
In addition, the foreperson of the grand jury may, in his or her
discretion, select one of the grand jurors to act as secretary to
keep records of the grand jury’s business.
(5) The court, whenever necessary, shall appoint an
interpreter, and shall swear him or her not to disclose any testimony or the name of any witness except as provided in
RCW 10.27.090.
(6) When a person held in official custody is a witness
before a grand jury or special inquiry judge, a public servant,
assigned to guard him or her during his or her appearance
may accompany him or her. The court shall swear such public servant not to disclose any testimony or the name of any
witness except as provided in RCW 10.27.090.
(7) Proceedings of a grand jury shall not be valid unless
at least twelve of its members are present. The foreperson or
acting foreperson of the grand jury shall conduct proceedings
in an orderly manner and shall administer an oath or affirmation in the manner prescribed by law to any witness who shall
testify before the grand jury.
(8) The legal advisers of a grand jury are the court and
public attorneys, and a grand jury may not seek or receive
legal advice from any other source. When necessary or
appropriate, the court or public attorneys or both must
instruct the grand jury concerning the law with respect to its
duties or any matter before it, and such instructions shall be
recorded by the reporter.
10.27.070
(2010 Ed.)
10.27.090
(9)(a) Upon request of the prosecuting attorney of the
county in which a grand jury or special inquiry judge is
impaneled, the attorney general shall assist such prosecuting
attorney in attending such grand jury or special inquiry judge.
(b) Whenever directed by the court, the attorney general
shall supersede the prosecuting attorney in attending the
grand jury and in which event the attorney general shall be
responsible for the prosecution of any indictment returned by
the grand jury.
(c) When the attorney general is conducting a criminal
investigation pursuant to powers otherwise granted to him or
her, he or she shall attend all grand juries or special inquiry
judges in relation thereto and shall prosecute any indictments
returned by a grand jury.
(10) After consulting with the court and receiving its
approval, the grand jury may request the governor to appoint
a special prosecutor to attend the grand jury. The grand jury
shall in the request nominate three persons approved by the
court. From those nominated, the governor shall appoint a
special prosecutor, who shall supersede the prosecuting attorney and the attorney general and who shall be responsible for
the prosecution of any indictments returned by the grand jury
attended by him or her.
(11) A public attorney shall attend the grand jurors when
requested by them, and he or she may do so on his or her own
motion within the limitations of RCW 10.27.020(2),
10.27.070(9) and 10.27.070(10) hereof, for the purpose of
examining witnesses in their presence, or of giving the grand
jurors legal advice regarding any matter cognizable by them.
He or she shall also, when requested by them, draft indictments and issue process for the attendance of witnesses.
(12) Subject to the approval of the court, the corporation
counsel or city attorney for any city or town in the county
where any grand jury has been convened may appear as a witness before the grand jury to advise the grand jury of any
criminal activity or corruption within his or her jurisdiction.
[2010 c 8 § 1019; 1971 ex.s. c 67 § 7.]
10.27.080 Persons authorized to attend—Restrictions on attorneys. No person shall be present at sessions of
the grand jury or special inquiry judge except the witness
under examination and his or her attorney, public attorneys,
the reporter, an interpreter, a public servant guarding a witness who has been held in custody, if any, and, for the purposes provided for in RCW 10.27.170, any corporation counsel or city attorney. The attorney advising the witness shall
only advise such witness concerning his or her right to
answer or not answer any questions and the form of his or her
answer and shall not otherwise engage in the proceedings.
No person other than grand jurors shall be present while the
grand jurors are deliberating or voting. Any person violating
either of the above provisions may be held in contempt of
court. [2010 c 8 § 1020; 1971 ex.s. c 67 § 8.]
10.27.080
10.27.090 Secrecy enjoined—Exceptions—Use and
availability of evidence. (1) Every member of the grand jury
shall keep secret whatever he, she, or any other grand juror
has said, and how he, she, or any other grand juror has voted,
except for disclosure of indictments, if any, as provided in
RCW 10.27.150.
10.27.090
[Title 10 RCW—page 23]
10.27.100
Title 10 RCW: Criminal Procedure
(2) No grand juror shall be permitted to state or testify in
any court how he, she, or any other grand juror voted on any
question before them or what opinion was expressed by himself, herself, or any other grand juror regarding such question.
(3) No grand juror, public or private attorney, city attorney or corporation counsel, reporter, interpreter or public servant who held a witness in custody before a grand jury or special inquiry judge, or witness, principal or other person shall
disclose the testimony of a witness examined before the
grand jury or special inquiry judge or other evidence received
by it, except when required by the court to disclose the testimony of the witness examined before the grand jury or special inquiry judge for the purpose of ascertaining whether it is
consistent with that of the witness given before the court, or
to disclose his or her testimony given before the grand jury or
special inquiry judge by any person upon a charge against
such person for perjury in giving his or her testimony or upon
trial therefor, or when permitted by the court in furtherance of
justice.
(4) The public attorney shall have access to all grand jury
and special inquiry judge evidence and may introduce such
evidence before any other grand jury or any trial in which the
same may be relevant.
(5) The court upon a showing of good cause may make
any or all grand jury or special inquiry judge evidence available to any other public attorney, prosecuting attorney, city
attorney or corporation counsel upon proper application and
with the concurrence of the public attorney attending such
grand jury. Any witness’ testimony, given before a grand
jury or a special inquiry judge and relevant to any subsequent
proceeding against the witness, shall be made available to the
witness upon proper application to the court. The court may
also, upon proper application and upon a showing of good
cause, make available to a defendant in a subsequent criminal
proceeding other testimony or evidence:
(a) When given or presented before a special inquiry
judge, if doing so is in the furtherance of justice; or
(b) When given or presented before a grand jury, if the
court finds that doing so is necessary to prevent an injustice
and that there is no reason to believe that doing so would
endanger the life or safety of any witness or his or her family.
The cost of any such transcript made available shall be borne
by the applicant. [2010 c 8 § 1021; 1971 ex.s. c 67 § 9.]
10.27.100 Inquiry as to offenses—Duties—Investigation. The grand jurors shall inquire into every offense triable
within the county for which any person has been held to
answer, if an indictment has not been found or an information
filed in such case, and all other indictable offenses within the
county which are presented to them by a public attorney or
otherwise come to their knowledge. If a grand juror knows or
has reason to believe that an indictable offense, triable within
the county, has been committed, he or she shall declare such
a fact to his or her fellow jurors who may begin an investigation. In such investigation the grand juror may be sworn as a
witness. [2010 c 8 § 1022; 1971 ex.s. c 67 § 10.]
sixty day period and any extensions, and upon showing of
good cause, the court may order the grand jury panel
extended for a period not to exceed sixty days. [1971 ex.s. c
67 § 11.]
10.27.120 Self-incrimination—Right to counsel. Any
individual called to testify before a grand jury or special
inquiry judge, whether as a witness or principal, if not represented by an attorney appearing with the witness before the
grand jury or special inquiry judge, must be told of his or her
privilege against self-incrimination. Such an individual has a
right to representation by an attorney to advise him or her as
to his or her rights, obligations, and duties before the grand
jury or special inquiry judge, and must be informed of this
right. The attorney may be present during all proceedings
attended by his or her client unless immunity has been
granted pursuant to RCW 10.27.130. After immunity has
been granted, such an individual may leave the grand jury
room to confer with his or her attorney. [2010 c 8 § 1023;
1971 ex.s. c 67 § 12.]
10.27.120
10.27.130 Self-incrimination—Refusal to testify or
give evidence—Procedure. If in any proceedings before a
grand jury or special inquiry judge, a person refuses, or indicates in advance a refusal, to testify or provide evidence of
any other kind on the ground that he or she may be incriminated thereby, and if a public attorney requests the court to
order that person to testify or provide the evidence, the court
shall then hold a hearing and shall so order unless it finds that
to do so would be clearly contrary to the public interest, and
that person shall comply with the order. The hearing shall be
subject to the provisions of RCW 10.27.080 and 10.27.090,
unless the witness shall request that the hearing be public.
If, but for this section, he or she would have been privileged to withhold the answer given or the evidence produced
by him or her, the witness may not refuse to comply with the
order on the basis of his or her privilege against self-incrimination; but he or she shall not be prosecuted or subjected to
criminal penalty or forfeiture for or on account of any transaction, matter, or fact concerning which he or she has been
ordered to testify pursuant to this section. He or she may nevertheless be prosecuted for failing to comply with the order to
answer, or for perjury or for offering false evidence to the
grand jury. [2010 c 8 § 1024; 1971 ex.s. c 67 § 13.]
10.27.130
10.27.100
10.27.110 Duration of sessions—Extensions. The
length of time which a grand jury may sit after being convened shall not exceed sixty days. Before expiration of the
10.27.110
[Title 10 RCW—page 24]
10.27.140 Witnesses—Attendance. (1) Except as provided in this section, no person has the right to appear as a
witness in a grand jury or special inquiry judge proceeding.
(2) A public attorney may call as a witness in a grand
jury or special inquiry judge proceeding any person believed
by him or her to possess information or knowledge relevant
thereto and may issue legal process and subpoena to compel
his or her attendance and the production of evidence.
(3) The grand jury or special inquiry judge may cause to
be called as a witness any person believed by it to possess relevant information or knowledge. If the grand jury or special
inquiry judge desires to hear any such witness who was not
called by a public attorney, it may direct a public attorney to
issue and serve a subpoena upon such witness and the public
attorney must comply with such direction. At any time after
10.27.140
(2010 Ed.)
Statewide Special Inquiry Judge Act
10.29.050
service of such subpoena and before the return date thereof,
however, the public attorney may apply to the court which
impaneled the grand jury for an order vacating or modifying
the subpoena on the grounds that such is in the public interest.
Upon such application, the court may in its discretion vacate
the subpoena, extend its return date, attach reasonable conditions to directions, or make such other qualification thereof as
is appropriate.
(4) The proceedings to summon a person and compel
him or her to testify or provide evidence shall as far as possible be the same as proceedings to summon witnesses and
compel their attendance. Such persons shall receive only
those fees paid witnesses in superior court criminal trials.
[2010 c 8 § 1025; 1971 ex.s. c 67 § 14.]
10.27.190 Special inquiry judge—Direction to public
attorney for proceedings in another county—Procedure.
Upon petition of a public attorney to the special inquiry judge
that there is reason to suspect that there exists evidence of
crime and corruption in another county, and with the concurrence of the special inquiry judge and prosecuting attorney of
the other county, the special inquiry judge may direct the
public attorney to attend and participate in special inquiry
judge proceedings in the other county held to inquire into
crime and corruption which relates to crime or corruption
under investigation in the initiating county. The proceedings
of such special inquiry judge may be transcribed, certified
and filed in the county of the public attorney’s jurisdiction at
the expense of that county. [1971 ex.s. c 67 § 19.]
10.27.150 Indictments—Issuance. After hearing,
examining, and investigating the evidence before it, a grand
jury may, in its discretion, issue an indictment against a principal. A grand jury shall find an indictment only when from
all the evidence at least three-fourths of the jurors are convinced that there is probable cause to believe a principal is
guilty of a criminal offense. When an indictment is found by
a grand jury the foreperson or acting foreperson shall present
it to the court. [2010 c 8 § 1026; 1971 ex.s. c 67 § 15.]
Chapter 10.29 RCW
STATEWIDE SPECIAL INQUIRY JUDGE ACT
10.27.150
10.27.160 Grand jury report. The grand jury may prepare its conclusions, recommendations and suggestions in the
form of a grand jury report. Such report shall be released to
the public only upon a determination by a majority of the
judges of the superior court of the county court that (1) the
findings in the report deal with matters of broad public policy
affecting the public interest and do not identify or criticize
any individual; (2) the release of the report would be consistent with the public interest and further the ends of justice;
and (3) release of the report would not prejudice any pending
criminal investigation or trial. [1971 ex.s. c 67 § 16.]
10.27.190
Chapter 10.29
Sections
10.29.010
10.29.020
10.29.050
10.29.060
10.29.070
10.29.100
10.29.110
10.29.120
10.27.160
10.27.170 Special inquiry judge—Petition for order.
When any public attorney, corporation counsel or city attorney has reason to suspect crime or corruption, within the
jurisdiction of such attorney, and there is reason to believe
that there are persons who may be able to give material testimony or provide material evidence concerning such suspected crime or corruption, such attorney may petition the
judge designated as a special inquiry judge pursuant to RCW
10.27.050 for an order directed to such persons commanding
them to appear at a designated time and place in said county
and to then and there answer such questions concerning the
suspected crime or corruption as the special inquiry judge
may approve, or provide evidence as directed by the special
inquiry judge. [1971 ex.s. c 67 § 17.]
10.29.130
10.29.900
Short title.
Intent.
Powers and duties of statewide special inquiry judge.
Disclosures by witness—Penalty.
Rules.
Vacancy in office.
Duties of special prosecutor or designee.
Advising county prosecuting attorney—Filing and prosecution
of informations—Expenses of prosecutions.
Disqualification of judge from subsequent proceedings.
Severability—1980 c 146.
Special inquiry judge: RCW 10.27.050, 10.27.170 through 10.27.190.
10.29.010 Short title. This chapter shall be known and
may be cited as the Statewide Special Inquiry Judge Act.
[1980 c 146 § 1.]
10.29.010
10.29.020 Intent. It is the intent of the legislature in
enacting this chapter to strengthen and enhance the ability of
the state to detect and eliminate organized criminal activity.
[1980 c 146 § 2.]
10.29.020
10.27.170
10.27.180 Special inquiry judge—Disqualification
from subsequent proceedings. The judge serving as a special inquiry judge shall be disqualified from acting as a magistrate or judge in any subsequent court proceeding arising
from such inquiry except alleged contempt for neglect or
refusal to appear, testify or provide evidence at such inquiry
in response to an order, summons or subpoena. [1971 ex.s. c
67 § 18.]
10.27.180
(2010 Ed.)
10.29.050 Powers and duties of statewide special
inquiry judge. A statewide special inquiry judge shall have
the following powers and duties:
(1) To hear and receive evidence of crime and corruption.
(2) To appoint a reporter to record the proceedings; and
to swear the reporter not to disclose any testimony or the
name of any witness except as provided in RCW 10.27.090.
(3) Whenever necessary, to appoint an interpreter, and to
swear him or her not to disclose any testimony or the name of
any witness except as provided in RCW 10.27.090.
(4) When a person held in official custody is a witness
before a statewide special inquiry judge, a public servant,
assigned to guard him or her during his or her appearance
may accompany him or her. The statewide special inquiry
judge shall swear such public servant not to disclose any testimony or the name of any witness except as provided in
RCW 10.27.090.
(5) To cause to be called as a witness any person
believed by him or her to possess relevant information or
knowledge. If the statewide special inquiry judge desires to
hear any such witness who was not called by the special pros10.29.050
[Title 10 RCW—page 25]
10.29.060
Title 10 RCW: Criminal Procedure
ecutor, it may direct the special prosecutor to issue and serve
a subpoena upon such witness and the special prosecutor
must comply with such direction. At any time after service of
such subpoena and before the return date thereof, however,
the special prosecutor may apply to the statewide special
inquiry judge for an order vacating or modifying the subpoena on the grounds that such is in the public interest. Upon
such application, the statewide special inquiry judge may in
its discretion vacate the subpoena, extend its return date,
attach reasonable conditions to directions, or make such other
qualification thereof as is appropriate.
(6) Upon a showing of good cause may make available
any or all evidence obtained to any other public attorney,
prosecuting attorney, city attorney, or corporation counsel
upon proper application and with the concurrence of the special prosecutor. Any witness’ testimony, given before a
statewide special inquiry judge and relevant to any subsequent proceeding against the witness, shall be made available
to the witness upon proper application to the statewide special inquiry judge. The statewide special inquiry judge may
also, upon proper application and upon a showing of good
cause, make available to a defendant in a subsequent criminal
proceeding other testimony or evidence when given or presented before a special inquiry judge, if doing so is in the furtherance of justice.
(7) Have authority to perform such other duties as may
be required to effectively implement this chapter, in accord
with rules adopted by the supreme court relating to these proceedings.
(8) Have authority to hold in contempt of court any person who shall disclose the name or testimony of a witness
examined before a statewide special inquiry judge except
when required by a court to disclose the testimony given
before such statewide special inquiry judge in a subsequent
criminal proceeding. [2010 c 8 § 1027; 1980 c 146 § 5.]
10.29.060 Disclosures by witness—Penalty. Any witness who shall disclose the fact that he or she has been called
as a witness before a statewide special inquiry judge or who
shall disclose the nature of the testimony given shall be guilty
of a misdemeanor. [1980 c 146 § 6.]
10.29.060
10.29.110 Duties of special prosecutor or designee.
The special prosecutor or his or her designee shall:
(1) Attend all proceedings of the statewide special
inquiry judge;
(2) Have the authority to issue subpoenas for witnesses
statewide;
(3) Examine witnesses, present evidence, draft reports as
directed by the statewide special inquiry judge, and draft and
file informations under RCW 10.29.120. [2010 c 8 § 1028;
1980 c 146 § 11.]
10.29.110
10.29.120 Advising county prosecuting attorney—
Filing and prosecution of informations—Expenses of
prosecutions. (1) The special prosecutor shall advise the
county prosecuting attorney in any affected county of the
nature of the statewide special inquiry judge investigation
and of any informations arising from such proceedings unless
such disclosures will create a substantial likelihood of a conflict of interest for the county prosecuting attorney.
(2) The special prosecutor may file and prosecute an
information in the county where proper venue lies, after having advised the county prosecuting attorney as provided in
this section and determined that such prosecuting attorney
does not intend to do so, or pursuant to an agreement between
them that the special prosecutor shall do so.
(3) Informations filed and prosecuted pursuant to this
chapter shall meet the requirements of chapter 10.37 RCW.
(4) The expenses of prosecutions initiated and maintained by the special prosecutor shall be paid as part of the
statewide special inquiry judge program as provided in
*RCW 10.29.090. [1980 c 146 § 12.]
10.29.120
*Reviser’s note: RCW 10.29.090 was repealed by 2009 c 560 § 24.
10.29.130 Disqualification of judge from subsequent
proceedings. The judge serving as a special inquiry judge
shall be disqualified from acting as a magistrate or judge in
any subsequent court proceeding arising from such inquiry
except alleged contempt for neglect or refusal to appear, testify, or provide evidence at such inquiry in response to an
order, summons, or subpoena. [1980 c 146 § 13.]
10.29.130
10.29.070 Rules. The supreme court shall develop and
adopt rules to govern the procedures of a statewide special
inquiry judge proceeding including rules assuring the confidentiality of all proceedings, testimony, and the identity of
persons called as witnesses. The adoption of such rules shall
be subject to the approval of such rules by the senate and
house judiciary committees. [1980 c 146 § 7.]
10.29.900 Severability—1980 c 146. If any provision
of this 1980 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1980 c 146 § 19.]
10.29.100 Vacancy in office. Whenever a statewide
special inquiry judge or special prosecutor appointed under
this chapter dies or in any other way is rendered incapable of
continuing the duties of his or her office, a successor shall be
appointed to serve for the remainder of the judge’s or prosecutor’s term in the manner provided for by *RCW 10.29.030
and 10.29.080 for the appointment of statewide special
inquiry judges and special prosecutors. [1980 c 146 § 10.]
WARRANTS AND ARRESTS
10.29.070
10.29.900
Chapter 10.31
10.29.100
*Reviser’s note: RCW 10.29.030 and 10.29.080 were repealed by
2009 c 560 § 24.
[Title 10 RCW—page 26]
Chapter 10.31 RCW
Sections
10.31.030
10.31.040
10.31.050
10.31.060
10.31.100
10.31.110
Service—How—Warrant not in possession, procedure—Bail.
Officer may break and enter.
Officer may use force.
Arrest by telegraph or teletype.
Arrest without warrant.
Arrest—Individuals with mental disorders.
Rules of court: Warrant upon indictment or information—CrR 2.2.
Search and seizure: Chapter 10.79 RCW.
(2010 Ed.)
Warrants and Arrests
10.31.030 Service—How—Warrant not in possession, procedure—Bail. The officer making an arrest must
inform the defendant that he or she acts under authority of a
warrant, and must also show the warrant: PROVIDED, That
if the officer does not have the warrant in his or her possession at the time of arrest he or she shall declare that the warrant does presently exist and will be shown to the defendant
as soon as possible on arrival at the place of intended confinement: PROVIDED, FURTHER, That any officer making an
arrest under this section shall, if the person arrested wishes to
deposit bail, take such person directly and without delay
before a judge or before an officer authorized to take the
recognizance and justify and approve the bail, including the
deposit of a sum of money equal to bail. Bail shall be the
amount fixed by the warrant. Such judge or authorized
officer shall hold bail for the legal authority within this state
which issued such warrant if other than such arresting authority. [2010 c 8 § 1029; 1970 ex.s. c 49 § 3; 1891 c 28 § 43;
Code 1881 § 1030; 1873 p 229 § 210; 1854 p 114 § 74; RRS
§ 2083.]
10.31.030
Bail: Chapter 10.19 RCW.
Additional notes found at www.leg.wa.gov
10.31.040 Officer may break and enter. To make an
arrest in criminal actions, the officer may break open any
outer or inner door, or windows of a dwelling house or other
building, or any other inclosure, if, after notice of his or her
office and purpose, he or she be refused admittance. [2010 c
8 § 1030; Code 1881 § 1170; 1854 p 129 § 179; RRS § 2082.]
10.31.040
10.31.050 Officer may use force. If after notice of the
intention to arrest the defendant, he or she either flee or forcibly resist, the officer may use all necessary means to effect
the arrest. [2010 c 8 § 1031; Code 1881 § 1031; 1873 p 229
§ 211; 1854 p 114 § 75; RRS § 2084.]
10.31.050
10.31.060 Arrest by telegraph or teletype. Whenever
any person or persons shall have been indicted or accused on
oath of any public offense, or thereof convicted, and a warrant of arrest shall have been issued, the magistrate issuing
such warrant, or any justice of the supreme court, or any
judge of either the court of appeals or superior court may
indorse thereon an order signed by him or her and authorizing
the service thereof by telegraph or teletype, and thereupon
such warrant and order may be sent by telegraph or teletype
to any marshal, sheriff, constable or police officer, and on the
receipt of the telegraphic or teletype copy thereof by any such
officer, he or she shall have the same authority and be under
the same obligations to arrest, take into custody and detain
the said person or persons, as if the said original warrant of
arrest, with the proper direction for the service thereof, duly
indorsed thereon, had been placed in his or her hands, and the
said telegraphic or teletype copy shall be entitled to full faith
and credit, and have the same force and effect in all courts
and places as the original; but prior to indictment and conviction, no such order shall be made by any officer, unless in his
or her judgment there is probable cause to believe the said
accused person or persons guilty of the offense charged:
PROVIDED, That the making of such order by any officer
aforesaid, shall be prima facie evidence of the regularity
10.31.060
(2010 Ed.)
10.31.100
thereof, and of all the proceedings prior thereto. The original
warrant and order, or a copy thereof, certified by the officer
making the order, shall be preserved in the telegraph office or
police agency from which the same is sent, and in telegraphing or teletyping the same, the original or the said certified
copy may be used. [2010 c 8 § 1032; 1971 c 81 § 48; 1967 c
91 § 1; Code 1881 § 2357; 1865 p 75 § 16; RRS § 2081. Formerly RCW 10.31.060 through 10.31.090.]
10.31.100 Arrest without warrant. A police officer
having probable cause to believe that a person has committed
or is committing a felony shall have the authority to arrest the
person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross
misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1)
through (10) of this section.
(1) Any police officer having probable cause to believe
that a person has committed or is committing a misdemeanor
or gross misdemeanor, involving physical harm or threats of
harm to any person or property or the unlawful taking of
property or involving the use or possession of cannabis, or
involving the acquisition, possession, or consumption of
alcohol by a person under the age of twenty-one years under
RCW 66.44.270, or involving criminal trespass under RCW
9A.52.070 or 9A.52.080, shall have the authority to arrest the
person.
(2) A police officer shall arrest and take into custody,
pending release on bail, personal recognizance, or court
order, a person without a warrant when the officer has probable cause to believe that:
(a) An order has been issued of which the person has
knowledge under RCW 26.44.063, or chapter 7.90, 10.99,
26.09, 26.10, 26.26, 26.50, or 74.34 RCW restraining the person and the person has violated the terms of the order
restraining the person from acts or threats of violence, or
restraining the person from going onto the grounds of or
entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location or,
in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or
(b) A foreign protection order, as defined in RCW
26.52.010, has been issued of which the person under
restraint has knowledge and the person under restraint has
violated a provision of the foreign protection order prohibiting the person under restraint from contacting or communicating with another person, or excluding the person under
restraint from a residence, workplace, school, or day care, or
prohibiting the person from knowingly coming within, or
knowingly remaining within, a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a
crime; or
(c) The person is sixteen years or older and within the
preceding four hours has assaulted a family or household
member as defined in RCW 10.99.020 and the officer
believes: (i) A felonious assault has occurred; (ii) an assault
has occurred which has resulted in bodily injury to the victim,
whether the injury is observable by the responding officer or
not; or (iii) that any physical action has occurred which was
10.31.100
[Title 10 RCW—page 27]
10.31.110
Title 10 RCW: Criminal Procedure
intended to cause another person reasonably to fear imminent
serious bodily injury or death. Bodily injury means physical
pain, illness, or an impairment of physical condition. When
the officer has probable cause to believe that family or household members have assaulted each other, the officer is not
required to arrest both persons. The officer shall arrest the
person whom the officer believes to be the primary physical
aggressor. In making this determination, the officer shall
make every reasonable effort to consider: (i) The intent to
protect victims of domestic violence under RCW 10.99.010;
(ii) the comparative extent of injuries inflicted or serious
threats creating fear of physical injury; and (iii) the history of
domestic violence of each person involved, including
whether the conduct was part of an ongoing pattern of abuse.
(3) Any police officer having probable cause to believe
that a person has committed or is committing a violation of
any of the following traffic laws shall have the authority to
arrest the person:
(a) RCW 46.52.010, relating to duty on striking an unattended car or other property;
(b) RCW 46.52.020, relating to duty in case of injury to
or death of a person or damage to an attended vehicle;
(c) RCW 46.61.500 or 46.61.530, relating to reckless
driving or racing of vehicles;
(d) RCW 46.61.502 or 46.61.504, relating to persons
under the influence of intoxicating liquor or drugs;
(e) RCW 46.20.342, relating to driving a motor vehicle
while operator’s license is suspended or revoked;
(f) RCW 46.61.5249, relating to operating a motor vehicle in a negligent manner.
(4) A law enforcement officer investigating at the scene
of a motor vehicle accident may arrest the driver of a motor
vehicle involved in the accident if the officer has probable
cause to believe that the driver has committed in connection
with the accident a violation of any traffic law or regulation.
(5) Any police officer having probable cause to believe
that a person has committed or is committing a violation of
RCW 79A.60.040 shall have the authority to arrest the person.
(6) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic
infraction to the driver who is believed to have committed the
infraction. The request by the witnessing officer shall give an
officer the authority to take appropriate action under the laws
of the state of Washington.
(7) Any police officer having probable cause to believe
that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the
person.
(8) A police officer may arrest and take into custody,
pending release on bail, personal recognizance, or court
order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the
person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.
(9) Any police officer having probable cause to believe
that a person has, within twenty-four hours of the alleged violation, committed a violation of RCW 9A.50.020 may arrest
such person.
[Title 10 RCW—page 28]
(10) A police officer having probable cause to believe
that a person illegally possesses or illegally has possessed a
firearm or other dangerous weapon on private or public elementary or secondary school premises shall have the authority to arrest the person.
For purposes of this subsection, the term "firearm" has
the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and
9.41.280(1) (c) through (e).
(11) Except as specifically provided in subsections (2),
(3), (4), and (6) of this section, nothing in this section extends
or otherwise affects the powers of arrest prescribed in Title
46 RCW.
(12) No police officer may be held criminally or civilly
liable for making an arrest pursuant to subsection (2) or (8) of
this section if the police officer acts in good faith and without
malice. [2010 c 274 § 201; 2006 c 138 § 23; 2000 c 119 § 4;
1999 c 184 § 14; 1997 c 66 § 10; 1996 c 248 § 4. Prior: 1995
c 246 § 20; 1995 c 184 § 1; 1995 c 93 § 1; prior: 1993 c 209
§ 1; 1993 c 128 § 5; 1988 c 190 § 1; prior: 1987 c 280 § 20;
1987 c 277 § 2; 1987 c 154 § 1; 1987 c 66 § 1; prior: 1985 c
303 § 9; 1985 c 267 § 3; 1984 c 263 § 19; 1981 c 106 § 1;
1980 c 148 § 8; 1979 ex.s. c 28 § 1; 1969 ex.s. c 198 § 1.]
Intent—2010 c 274: "The legislature intends to improve the lives of
persons who suffer from the adverse effects of domestic violence and to
require reasonable, coordinated measures to prevent domestic violence from
occurring. The legislature intends to give law enforcement and the courts
better tools to identify violent perpetrators of domestic violence and hold
them accountable. The legislature intends to: Increase the safety afforded to
individuals who seek protection of public and private agencies involved in
domestic violence prevention; improve the ability of agencies to address the
needs of victims and their children and the delivery of services; upgrade the
quality of treatment programs; and enhance the ability of the justice system
to respond quickly and fairly to domestic violence. In order to improve the
lives of persons who have, or may suffer, the effects of domestic violence the
legislature intends to achieve more uniformity in the decision-making processes at public and private agencies that address domestic violence by
reducing inconsistencies and duplications allowing domestic violence victims to achieve safety and stability in their lives." [2010 c 274 § 101.]
Short title—2006 c 138: See RCW 7.90.900.
Application—2000 c 119: See note following RCW 26.50.021.
Arrest procedure involving traffic violations: Chapter 46.64 RCW.
Domestic violence, peace officers—Immunity: RCW 26.50.140.
Uniform Controlled Substances Act: Chapter 69.50 RCW.
Additional notes found at www.leg.wa.gov
10.31.110 Arrest—Individuals with mental disorders. (1) When a police officer has reasonable cause to
believe that the individual has committed acts constituting a
nonfelony crime that is not a serious offense as identified in
RCW 10.77.092 and the individual is known by history or
consultation with the regional support network to suffer from
a mental disorder, the arresting officer may:
(a) Take the individual to a crisis stabilization unit as
defined in RCW 71.05.020(6). Individuals delivered to a crisis stabilization unit pursuant to this section may be held by
the facility for a period of up to twelve hours: PROVIDED,
that they are examined by a mental health professional within
three hours of their arrival;
(b) Refer the individual to a mental health professional
for evaluation for initial detention and proceeding under
chapter 71.05 RCW; or
10.31.110
(2010 Ed.)
Fugitives of This State
(c) Release the individual upon agreement to voluntary
participation in outpatient treatment.
(2) In deciding whether to refer the individual to treatment under this section, the police officer shall be guided by
standards mutually agreed upon with the prosecuting authority, which address, at a minimum, the length, seriousness, and
recency of the known criminal history of the individual, the
mental health history of the individual, where available, and
the circumstances surrounding the commission of the alleged
offense.
(3) Any agreement to participate in treatment shall not
require individuals to stipulate to any of the alleged facts
regarding the criminal activity as a prerequisite to participation in a mental health treatment alternative. The agreement
is inadmissible in any criminal or civil proceeding. The
agreement does not create immunity from prosecution for the
alleged criminal activity.
(4) If an individual violates such agreement and the mental health treatment alternative is no longer appropriate:
(a) The mental health provider shall inform the referring
law enforcement agency of the violation; and
(b) The original charges may be filed or referred to the
prosecutor, as appropriate, and the matter may proceed
accordingly.
(5) The police officer is immune from liability for any
good faith conduct under this section. [2007 c 375 § 2.]
Findings—Purpose—2007 c 375: "The legislature finds that *RCW
10.77.090 contains laws relating to three discrete subjects. Therefore, one
purpose of this act is to reorganize some of those laws by creating new sections in the Revised Code of Washington that clarify and identify these discrete subjects.
The legislature further finds that there are disproportionate numbers of
individuals with mental illness in jail. The needs of individuals with mental
illness and the public safety needs of society at large are better served when
individuals with mental illness are provided an opportunity to obtain treatment and support." [2007 c 375 § 1.]
*Reviser’s note: RCW 10.77.090 was repealed by 2007 c 375 § 17.
For later enactment, see RCW 10.77.084, 10.77.086, and 10.77.088.
Construction—2007 c 375: "Nothing in this act shall be construed to
alter or diminish a prosecutor’s inherent authority to divert or pursue the
prosecution of criminal offenders." [2007 c 375 § 16.]
Severability—2007 c 375: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2007 c 375 § 18.]
Chapter 10.34
Chapter 10.34 RCW
FUGITIVES OF THIS STATE
Sections
10.34.010
10.34.020
10.34.030
Officer may arrest defendant in any county.
Escape—Retaking prisoner—Authority.
Escape—Retaking in foreign state—Extradition agents.
Escape: Chapter 9A.76 RCW.
10.37.010
warrant may be directed, may pursue and apprehend the party
charged, in any county in this state, and for that purpose may
command aid, and exercise the same authority as in his or her
own county. [2010 c 8 § 1033; Code 1881 § 1922; 1873 p
394 § 220; 1854 p 107 § 28; RRS § 1950.]
10.34.020 Escape—Retaking prisoner—Authority.
If a person arrested escape or be rescued, the person from
whose custody he or she made his or her escape, or was rescued, may immediately pursue and retake him or her at any
time, and within any place in the state. To retake the person
escaping or rescued, the person pursuing has the same power
to command assistance as given in cases of arrest. [2010 c 8
§ 1034; Code 1881 § 1032; 1873 p 229 § 212; 1854 p 114 §
76; RRS § 2085.]
10.34.020
10.34.030 Escape—Retaking in foreign state—
Extradition agents. The governor may appoint agents to
make a demand upon the executive authority of any state or
territory for the surrender of any fugitive from justice, or any
other person charged with a felony or any other crime in this
state. Whenever an application shall be made to the governor
for the appointment of an agent he or she may require the
official submitting the same to provide whatever information
is necessary prior to approval of the application. [2010 c 8 §
1035; 1993 c 442 § 1; 1967 c 91 § 2; 1891 c 28 § 98; Code
1881 § 971; 1873 p 217 § 157; 1854 p 102 § 5; RRS § 2241.]
10.34.030
Additional notes found at www.leg.wa.gov
Chapter 10.37 RCW
ACCUSATIONS AND THEIR REQUISITES
Chapter 10.37
Sections
10.37.010
10.37.015
10.37.040
10.37.050
10.37.052
10.37.054
10.37.056
10.37.060
10.37.070
10.37.080
10.37.090
10.37.100
10.37.110
10.37.130
10.37.140
10.37.150
10.37.160
10.37.170
10.37.190
Pleadings required in criminal proceedings.
Charge by information or indictment—Exceptions.
Indictment—Form.
Indictment or information—Sufficiency.
Indictment or information—Requisites.
Indictment or information—Certainty.
Indictment or information—Certain defects or imperfections
deemed immaterial.
Indictment or information—Separation into counts—Consolidation.
Animals—Description of.
Forgery—Description of instrument.
Injury to person or intention concerning.
Judgment, how pleaded.
Larceny or embezzlement—Specification.
Obscene literature—Description.
Perjury—Subornation of perjury—Description of matter.
Presumptions of law need not be stated.
Statute—Exact words need not be used.
Statute, private—Description.
Words and phrases—How used.
Rules of court: Rights of dependents—CrR 3.1 through 3.6.
Ownership of property, proof of: RCW 10.58.060.
Extradition and fresh pursuit: Chapter 10.88 RCW.
Return of parole violators from another state: RCW 9.95.280 through
9.95.300.
10.34.010 Officer may arrest defendant in any
county. If any person against whom a warrant may be issued
for an alleged offense, committed in any county, shall either
before or after the issuing of such warrant, escape from, or be
out of the county, the sheriff or other officer to whom such
10.34.010
(2010 Ed.)
10.37.010 Pleadings required in criminal proceedings. No pleading other than an indictment, information or
complaint shall be required on the part of the state in any
criminal proceedings in any court of the state, and when such
pleading is in the manner and form as provided by law the
defendant shall be required to plead thereto as prescribed by
law without any further action or proceedings of any kind on
the part of the state. [1925 ex.s. c 150 § 3; RRS § 2050-1.
10.37.010
[Title 10 RCW—page 29]
10.37.015
Title 10 RCW: Criminal Procedure
FORMER PARTS OF SECTION: (i) 1927 c 103 § 1; Code
1881 § 764; RRS § 2023, now codified as RCW 10.37.015.
(ii) 1909 c 87 § 1; 1891 c 117 § 1; 1890 p 100 § 1; RRS §
2024, now codified as RCW 10.37.026. (iii) 1891 c 28 § 19;
Code 1881 § 1003; 1873 p 224 § 186; 1869 p 240 § 181; RRS
§ 2054, now codified as RCW 10.37.025.]
10.37.015 Charge by information or indictment—
Exceptions. No person shall be held to answer in any court
for an alleged crime or offense, unless upon an information
filed by the prosecuting attorney, or upon an indictment by a
grand jury, except in cases of misdemeanor or gross misdemeanor before a district or municipal judge, or before a court
martial. [1987 c 202 § 167; 1927 c 103 § 1; Code 1881 § 764;
RRS § 2023. Formerly RCW 10.37.010, part.]
10.37.015
Intent—1987 c 202: See note following RCW 2.04.190.
10.37.040 Indictment—Form. The indictment may be
substantially in the following form:
10.37.040
State of Washington
v.
A. . . . . .
B. . . . . .
Superior Court of
the State of
Washington for the
County of
................
A. B. is accused by the grand jury of the . . . . . . . . . .,
by this indictment, of the crime of [here insert the name of
the crime, if it have one, such as treason, murder, arson,
manslaughter, or the like; or if it be a crime having no general name, such as libel, assault and battery, and the like,
insert a brief description of it as given by law], committed
as follows:
The said A. B. on the . . . . day of . . . . . ., 19. . ., in the
county of . . . . . ., aforesaid, [here set forth the act charged
as a crime.]
Dated at . . . . . ., in the county aforesaid, the . . . . day
of . . . . . ., A.D. 19. . .
(Signed) C. D., Prosecuting Attorney.
(Indorsed) A true bill.
(Signed) E. F., Foreperson of the Grand Jury.
[2010 c 8 § 1036; 1891 c 28 § 21; Code 1881 § 1005; 1873 p
225 § 188; 1869 p 240 § 183; RRS § 2056.]
10.37.050 Indictment or information—Sufficiency.
The indictment or information is sufficient if it can be understood therefrom—
(1) That it is entitled in a court having authority to
receive it;
(2) That it was found by a grand jury or prosecuting
attorney of the county in which the court was held;
(3) That the defendant is named, or if his or her name
cannot be discovered, that he or she is described by a fictitious name or by reference to a unique genetic sequence of
deoxyribonucleic acid, with the statement that his or her real
name is unknown;
(4) That the crime was committed within the jurisdiction
of the court, except where, as provided by law, the act,
though done without the county in which the court is held, is
triable therein;
10.37.050
[Title 10 RCW—page 30]
(5) That the crime was committed at some time previous
to the finding of the indictment or filing of the information,
and within the time limited by law for the commencement of
an action therefor;
(6) That the act or omission charged as the crime is
clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a
person of common understanding to know what is intended;
(7) The act or omission charged as the crime is stated
with such a degree of certainty as to enable the court to pronounce judgment upon a conviction according to the right of
the case. [2010 c 8 § 1037; 2000 c 92 § 3; 1891 c 28 § 29;
Code 1881 § 1014; 1873 p 226 § 197; 1869 p 242 § 192; RRS
§ 2065. FORMER PARTS OF SECTION: (i) 1891 c 28 §
20; Code 1881 § 1004; 1873 p 224 § 187; 1869 p 240 § 182;
RRS § 2055, now codified as RCW 10.37.052. (ii) 1891 c 28
§ 22; Code 1881 § 1006; 1873 p 225 § 189; 1854 p 112 § 61;
1869 p 241 § 184; RRS § 2057, now codified as RCW
10.37.054. (iii) 1891 c 28 § 30; Code 1881 § 1015; 1873 p
227 § 198; 1869 p 242 § 193; RRS § 2066, now codified as
RCW 10.37.056.]
Intent—2000 c 92: See note following RCW 10.73.170.
10.37.052 Indictment or information—Requisites.
The indictment or information must contain—
(1) The title of the action, specifying the name of the
court to which the indictment or information is presented and
the names of the parties;
(2) A statement of the acts constituting the offense, in
ordinary and concise language, without repetition, and in
such manner as to enable a person of common understanding
to know what is intended. [1891 c 28 § 20; Code 1881 §
1004; 1873 p 224 § 187; 1869 p 240 § 182; RRS § 2055. Formerly RCW 10.37.050, part.]
10.37.052
10.37.054 Indictment or information—Certainty.
The indictment or information must be direct and certain as it
regards:
(1) The party charged;
(2) The crime charged; and
(3) The particular circumstances of the crime charged,
when they are necessary to constitute a complete crime.
[1891 c 28 § 22; Code 1881 § 1006; 1873 p 225 § 189; 1869
p 241 § 184; 1854 p 112 § 61; RRS § 2057. Formerly RCW
10.37.050, part.]
10.37.054
10.37.056 Indictment or information—Certain
defects or imperfections deemed immaterial. No indictment or information is insufficient, nor can the trial, judgment or other proceedings thereon be affected, by reason of
any of the following matters, which were formerly deemed
defects or imperfections:
(1) For want of an allegation of the time or place of any
material fact, when the time and place have been once stated;
(2) For the omission of any of the following allegations,
namely: "With force and arms," "contrary to the form of the
statute or the statutes," or "against the peace and dignity of
the state;"
(3) For the omission to allege that the grand jury was
impaneled, sworn, or charged;
10.37.056
(2010 Ed.)
Accusations and Their Requisites
(4) For any surplusage or repugnant allegation or for any
repetition, when there is sufficient matter alleged to indicate
clearly the offense and the person charged; nor
(5) For any other matter which was formerly deemed a
defect or imperfection, but which does not tend to the prejudice of the substantial rights of the defendant upon the merits.
[1891 c 28 § 30; Code 1881 § 1015; 1873 p 227 § 198; 1869
p 242 § 193; RRS § 2066. Formerly RCW 10.37.050, part.]
Ownership of property, proof of: RCW 10.58.060.
10.37.170
10.37.110 Larceny or embezzlement—Specification.
In an indictment or information for larceny or embezzlement
of money, bank notes, certificates of stock, or valuable securities, or for a conspiracy to cheat or defraud a person of any
such property, it is sufficient to allege the larceny or embezzlement, or the conspiracy to cheat and defraud, to be of
money, bank notes, certificates of stock, or valuable securities, without specifying the coin, number, denomination or
kind thereof. [1891 c 28 § 38; Code 1881 § 1023; RRS §
2074.]
10.37.110
10.37.060 Indictment or information—Separation
into counts—Consolidation. When there are several
charges against any person, or persons, for the same act or
transaction, or for two or more acts or transactions connected
together, or for two or more acts or transactions of the same
class of crimes or offenses, which may be properly joined,
instead of having several indictments or informations the
whole may be joined in one indictment, or information, in
separate counts; and, if two or more indictments are found, or
two or more informations filed, in such cases, the court may
order such indictments or informations to be consolidated.
[1925 ex.s. c 109 § 1; 1891 c 28 § 24; Code 1881 § 1008;
1873 p 225 § 191; 1869 p 241 § 186; RRS § 2059.]
Larceny: Chapter 9A.56 RCW.
10.37.070 Animals—Description of. When the crime
involves the taking of or injury to an animal the indictment or
information is sufficiently certain in that respect if it
describes the animal by the common name of its class. [1891
c 28 § 26; Code 1881 § 1011; 1873 p 226 § 194; 1869 p 241
§ 189; RRS § 2062.]
10.37.140 Perjury—Subornation of perjury—
Description of matter. In an indictment or information for
perjury, or subornation of perjury, it is sufficient to set forth
the substance of the controversy or matter in respect to which
the crime was committed, and in what court or before whom
the oath alleged to be false was taken, and that the court or
person before whom it was taken had authority to administer
it, with proper allegations of the falsity of the matter on which
the perjury is assigned; but the indictment or information
need not set forth the pleadings, record or proceedings with
which the oath is connected, nor the commission or authority
of the court or person before whom the perjury was committed. [1891 c 28 § 36; Code 1881 § 1021; 1873 p 228 § 204;
1869 p 243 § 199; 1854 p 112 § 67; RRS § 2072.]
10.37.060
10.37.070
Crimes relating to animals: Chapter 9.08 RCW.
Larceny: Chapter 9A.56 RCW.
10.37.080 Forgery—Description of instrument.
When an instrument which is the subject of an indictment or
information for forgery has been destroyed or withheld by the
act or procurement of the defendant, and the fact of the
destruction or withholding is alleged in the indictment or
information, and established on the trial, the misdescription
of the instrument is immaterial. [1891 c 28 § 35; Code 1881
§ 1020; 1873 p 227 § 203; 1854 p 113 § 68; RRS § 2071.]
10.37.080
Forgery: Chapter 9A.60 RCW.
10.37.090 Injury to person or intention concerning.
When the crime involves the commission of, or an attempt to
commit a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured or intended to be injured is not
material. [Code 1881 § 1010; 1873 p 226 § 193; 1869 p 241
§ 188; RRS § 2061.]
10.37.090
10.37.100 Judgment, how pleaded. In pleading a judgment or other determination of or proceeding before a court
or officer of special jurisdiction, it is not necessary to state in
the indictment or information the facts conferring jurisdiction; but the judgment, determination or proceeding may be
stated to have been duly given or made. The facts conferring
jurisdiction, however, must be established on the trial. [1891
c 28 § 32; Code 1881 § 1017; 1873 p 227 § 200; 1869 p 242
§ 195; 1854 p 112 § 65; RRS § 2068.]
10.37.100
(2010 Ed.)
Ownership of property, proof of: RCW 10.58.060.
10.37.130 Obscene literature—Description. An
indictment or information for exhibiting, publishing, passing,
selling, or offering to sell, or having in possession with such
intent, any lewd or obscene book, pamphlet, picture, print,
card, paper, or writing, need not set forth any portion of the
language used or figures shown upon such book, pamphlet,
picture, print, card, paper, or writing, but it is sufficient to
state generally the fact of the lewdness or obscenity thereof.
[1891 c 28 § 39; Code 1881 § 1024; RRS § 2075.]
10.37.130
Obscenity: Chapter 9.68 RCW.
10.37.140
Perjury: Chapter 9A.72 RCW.
10.37.150 Presumptions of law need not be stated.
Neither presumptions of law nor matters of which judicial
notice is taken need be stated in an indictment or information.
[1891 c 28 § 31; Code 1881 § 1016; 1873 p 227 § 199; 1869
p 242 § 194; RRS § 2067.]
10.37.150
10.37.160 Statute—Exact words need not be used.
Words used in a statute to define a crime need not be strictly
pursued in the indictment or information, but other words
conveying the same meaning may be used. [1891 c 28 § 28;
Code 1881 § 1013; 1873 p 226 § 196; 1869 p 241 § 191; RRS
§ 2064.]
10.37.160
10.37.170 Statute, private—Description. In pleading
a private statute, or right derived therefrom, it is sufficient to
refer, in the indictment or information, to the statute by its
title and the day of its passage, and the court must thereupon
take judicial notice thereof. [1891 c 28 § 33; Code 1881 §
1018; 1873 p 227 § 201; 1869 p 243 § 196; 1854 p 112 § 66;
RRS § 2069.]
10.37.170
[Title 10 RCW—page 31]
10.37.190
Title 10 RCW: Criminal Procedure
10.37.190 Words and phrases—How used. The
words used in an indictment or information must be construed in their usual acceptation, in common language, except
words and phrases defined by law, which are to be construed
according to their legal meaning. [1891 c 28 § 27; Code 1881
§ 1012; 1873 p 227 § 195; 1869 p 241 § 190; RRS § 2063.]
10.37.190
Chapter 10.40
Chapter 10.40 RCW
ARRAIGNMENT
Sections
10.40.050
10.40.060
10.40.070
10.40.075
10.40.090
10.40.100
10.40.110
10.40.120
10.40.125
10.40.140
10.40.170
10.40.180
10.40.190
10.40.200
Entry and use of true name.
Pleading to arraignment.
Motion to set aside indictment.
Motion to set aside indictment—Grounds not allowed, when.
Sustaining motion—Effect of.
Overruling motion—Pleading over.
Demurrer to indictment or information.
Sustaining demurrer—When final.
Sustaining demurrer, etc.—When not final.
Overruling demurrer—Pleading over.
Plea of guilty.
Plea of not guilty.
Refusal to answer.
Deportation of aliens upon conviction—Advisement—Legislative intent.
Rules of court: Arraignment—CrR 4.1.
10.40.050 Entry and use of true name. If he or she
alleges that another name is his or her true name it must be
entered in the minutes of the court, and the subsequent proceedings on the indictment or information may be had against
him or her by that name, referring also to the name by which
he or she is indicted or informed against. [2010 c 8 § 1038;
1891 c 28 § 49; Code 1881 § 1065; 1873 p 232 § 227; 1854 p
116 § 91; RRS § 2097.]
10.40.050
Action on discovery of true name: RCW 10.46.060.
10.40.060 Pleading to arraignment. In answer to the
arraignment, the defendant may move to set aside the indictment or information, or he or she may demur or plead to it,
and is entitled to one day after arraignment in which to
answer thereto if he or she demands it. [2010 c 8 § 1039;
1891 c 28 § 50; Code 1881 § 1045; RRS § 2098.]
answer before indictment. [Code 1881 § 1047; RRS § 2100.
Formerly RCW 10.40.070, part.]
10.40.090 Sustaining motion—Effect of. An order to
set aside the indictment or information as provided in this
chapter shall be no bar to a future prosecution for the same
offense. [1891 c 28 § 54; Code 1881 § 1050; RRS § 2104.]
10.40.090
10.40.100 Overruling motion—Pleading over. If the
motion to set aside the indictment [or information] be denied,
the defendant must immediately answer the indictment or
information, either by demurring or pleading thereto. [1891
c 28 § 52; Code 1881 § 1048; RRS § 2102.]
10.40.100
10.40.110 Demurrer to indictment or information.
The defendant may demur to the indictment or information
when it appears upon its face either—
(1) That it does not substantially conform to the requirements of this code;
(2) [That] more than one crime is charged;
(3) That the facts charged do not constitute a crime;
(4) That the indictment or information contains any matter which, if true, would constitute a defense or other legal
bar to the action. [1891 c 28 § 55; Code 1881 § 1051; RRS §
2105.]
10.40.110
10.40.120 Sustaining demurrer—When final. If the
demurrer is sustained because the indictment or information
contains matter which is a legal defense or bar to the action,
the judgment shall be final, and the defendant must be discharged. [1891 c 28 § 56; Code 1881 § 1052; RRS § 2106.
FORMER PART OF SECTION: 1891 c 28 § 61; Code 1881
§ 1060; RRS § 2114, now codified as RCW 10.40.125.]
10.40.120
10.40.060
10.40.070 Motion to set aside indictment. The motion
to set aside the indictment can be made by the defendant on
one or more of the following grounds, and must be sustained:
(1) When any person, other than the grand jurors, was
present before the grand jury when the question was taken
upon the finding of the indictment, or when any person, other
than the grand jurors, was present before the grand jury during the investigation of the charge, except as required or permitted by law;
(2) If the grand jury were not selected, drawn, summoned, impaneled, or sworn as prescribed by law. [1983 c 3
§ 12; 1957 c 10 § 1; Code 1881 § 1046; RRS § 2099.
FORMER PART OF SECTION: Code 1881 § 1047; RRS §
2100, now codified as RCW 10.40.075.]
10.40.070
10.40.075 Motion to set aside indictment—Grounds
not allowed, when. The ground of the motion to set aside the
indictment mentioned in the fourth subdivision of RCW
10.40.070 is not allowed to a defendant who has been held to
10.40.125 Sustaining demurrer, etc.—When not
final. The judgment for the defendant on a demurrer to the
indictment or information, except where it is otherwise provided, or for an objection taken at the trial to its form or substance, or for variance between the indictment or information
and the proof, shall not bar another prosecution for the same
offense. [1891 c 28 § 61; Code 1881 § 1060; RRS § 2114.
Formerly RCW 10.40.120, part.]
10.40.125
10.40.140 Overruling demurrer—Pleading over. If
the demurrer is overruled the defendant has a right to put in a
plea. If he or she fails to do so, judgment may be rendered
against him or her on the demurrer, and, if necessary, a jury
may be impaneled to inquire and ascertain the degree of the
offense. [2010 c 8 § 1040; Code 1881 § 1053; RRS § 2107.]
10.40.140
10.40.170 Plea of guilty. The plea of guilty can only be
put in by the defendant himself or herself in open court.
[2010 c 8 § 1041; Code 1881 § 1056; RRS § 2110. FORMER
PART OF SECTION: Code 1881 § 1057; RRS § 2111, now
codified as RCW 10.40.175.]
10.40.170
10.40.075
[Title 10 RCW—page 32]
10.40.180 Plea of not guilty. The plea of not guilty is a
denial of every material allegation in the indictment or information; and all matters of fact may be given in evidence
10.40.180
(2010 Ed.)
Former Acquittal or Conviction
under it, except a former conviction or acquittal. [1891 c 28
§ 59; Code 1881 § 1058; RRS § 2112.]
10.43.050
Chapter 10.43 RCW
FORMER ACQUITTAL OR CONVICTION
Chapter 10.43
Sections
10.40.190 Refusal to answer. If the defendant fail or
refuse to answer the indictment or information by demurrer
or plea, a plea of not guilty must be entered by the court.
[1891 c 28 § 62; Code 1881 § 1061; 1873 p 232 § 224; 1854
p 116 § 88; RRS § 2115.]
10.40.190
10.43.020
10.43.030
10.43.040
10.43.050
Offense embraces lower degree and included offenses.
Conviction or acquittal in other county.
Foreign conviction or acquittal.
Acquittal, when a bar.
Discharge of codefendant as bar to further prosecution: RCW 10.46.110.
Double jeopardy: State Constitution Art. 1 § 9.
10.40.200 Deportation of aliens upon conviction—
Advisement—Legislative intent. (1) The legislature finds
and declares that in many instances involving an individual
who is not a citizen of the United States charged with an
offense punishable as a crime under state law, a plea of guilty
is entered without the defendant knowing that a conviction of
such offense is grounds for deportation, exclusion from
admission to the United States, or denial of naturalization
pursuant to the laws of the United States. Therefore, it is the
intent of the legislature in enacting this section to promote
fairness to such accused individuals by requiring in such
cases that acceptance of a guilty plea be preceded by an
appropriate warning of the special consequences for such a
defendant which may result from the plea. It is further the
intent of the legislature that at the time of the plea no defendant be required to disclose his or her legal status to the court.
(2) Prior to acceptance of a plea of guilty to any offense
punishable as a crime under state law, except offenses designated as infractions under state law, the court shall determine
that the defendant has been advised of the following potential
consequences of conviction for a defendant who is not a citizen of the United States: Deportation, exclusion from admission to the United States, or denial of naturalization pursuant
to the laws of the United States. A defendant signing a guilty
plea statement containing the advisement required by this
subsection shall be presumed to have received the required
advisement. If, after September 1, 1983, the defendant has
not been advised as required by this section and the defendant
shows that conviction of the offense to which the defendant
pleaded guilty may have the consequences for the defendant
of deportation, exclusion from admission to the United
States, or denial of naturalization pursuant to the laws of the
United States, the court, on defendant’s motion, shall vacate
the judgment and permit the defendant to withdraw the plea
of guilty and enter a plea of not guilty. Absent a written
acknowledgement by the defendant of the advisement
required by this subsection, the defendant shall be presumed
not to have received the required advisement.
(3) With respect to pleas accepted prior to September 1,
1983, it is not the intent of the legislature that a defendant’s
failure to receive the advisement required by subsection (2)
of this section should require the vacation of judgment and
withdrawal of the plea or constitute grounds for finding a
prior conviction invalid. [1983 c 199 § 1.]
10.40.200
Notice to courts—Rules—Forms: "The administrative office of the
courts shall notify all courts of the requirements contained in RCW
10.40.200. The judicial council shall recommend to the supreme court
appropriate court rules to ensure compliance with the requirements of RCW
10.40.200. Until court rules are promulgated, the administrative office of the
courts shall develop and distribute forms necessary for the courts to comply
with RCW 10.40.200." [2005 c 282 § 21; 1983 c 199 § 2.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
10.43.020 Offense embraces lower degree and
included offenses. When the defendant has been convicted
or acquitted upon an indictment or information of an offense
consisting of different degrees, the conviction or acquittal
shall be a bar to another indictment or information for the
offense charged in the former, or for any lower degree of that
offense, or for an offense necessarily included therein. [1891
c 28 § 74; Code 1881 § 1096; 1873 p 238 § 257; 1854 p 120
§ 121; RRS § 2166.]
10.43.020
Bar as to prosecution for same crime in another degree, or attempt: RCW
10.43.050.
10.43.030 Conviction or acquittal in other county.
Whenever, upon the trial of any person for a crime, it shall
appear that the defendant has already been acquitted or convicted upon the merits, of the same crime, in a court having
jurisdiction of such offense in another county of this state,
such former acquittal or conviction is a sufficient defense.
[1909 c 249 § 20; RRS § 2272.]
10.43.030
10.43.040 Foreign conviction or acquittal. Whenever,
upon the trial of any person for a crime, it appears that the
offense was committed in another state or country, under
such circumstances that the courts of this state had jurisdiction thereof, and that the defendant has already been acquitted or convicted upon the merits, in a judicial proceeding
conducted under the criminal laws of such state or country,
founded upon the act or omission with respect to which he or
she is upon trial, such former acquittal or conviction is a sufficient defense. Nothing in this section affects or prevents a
prosecution in a court of this state of any person who has
received administrative or nonjudicial punishment, civilian
or military, in another state or country based upon the same
act or omission. [2010 c 8 § 1042; 1999 c 141 § 1; 1909 c 249
§ 19; RRS § 2271.]
10.43.040
10.43.050 Acquittal, when a bar. No order of dismissal or directed verdict of not guilty on the ground of a
variance between the indictment or information and the
proof, or on the ground of any defect in such indictment or
information, shall bar another prosecution for the same
offense. Whenever a defendant shall be acquitted or convicted upon an indictment or information charging a crime
consisting of different degrees, he or she cannot be proceeded
against or tried for the same crime in another degree, nor for
an attempt to commit such crime, or any degree thereof.
[2010 c 8 § 1043; 1909 c 249 § 64; Code 1881 § 769; RRS §
2316.]
10.43.050
Offense embraces lower degree and included offenses: RCW 10.43.020.
Ownership of property—Proof of: RCW 10.58.060.
[Title 10 RCW—page 33]
Chapter 10.46
Chapter 10.46
Title 10 RCW: Criminal Procedure
Chapter 10.46 RCW
SUPERIOR COURT TRIAL
Sections
shall not be granted. [Code 1881 § 1077; 1877 p 206 § 7;
RRS § 2135.]
10.46.085 Continuances not permitted in certain
cases. When a defendant is charged with a crime which constitutes a violation of RCW 9A.64.020 or chapter 9.68,
9.68A, or 9A.44 RCW, and the alleged victim of the crime is
a person under the age of eighteen years, neither the defendant nor the prosecuting attorney may agree to extend the
originally scheduled trial date unless the court within its discretion finds that there are substantial and compelling reasons
for a continuance of the trial date and that the benefit of the
postponement outweighs the detriment to the victim. The
court may consider the testimony of lay witnesses and of
expert witnesses, if available, regarding the impact of the
continuance on the victim. [1989 c 332 § 7.]
10.46.085
10.46.020
10.46.060
10.46.070
10.46.080
10.46.085
10.46.110
10.46.190
10.46.200
10.46.210
10.46.220
10.46.230
Trial docket.
True name inserted in proceedings.
Conduct of trial—Generally.
Continuances.
Continuances not permitted in certain cases.
Discharging defendant to give evidence.
Liability of convicted person for costs—Jury fee.
Costs allowed to acquitted or discharged defendant.
Taxation of costs on acquittal or discharge—Generally—Frivolous complaints.
Cost bills in felony cases—Certification.
Cost bills in felony cases—Payment.
Criminal rules for superior court: Rules of court: Superior Court Criminal
Rules (CrR).
Superior court rules: State Constitution Art. 4 § 24.
10.46.020 Trial docket. The clerk shall, in preparing
the docket of criminal cases, enumerate the indictments and
informations pending according to the date of their filing,
specifying opposite to the title of each action whether it be for
a felony or misdemeanor, and whether the defendant be in
custody or on bail; and shall, in like manner, enter therein all
indictments and informations on which issues of fact are
joined, all cases brought to the court on change of venue from
other counties, and all cases pending upon appeal from inferior courts. [1891 c 28 § 65; Code 1881 § 1044; 1873 p 231
§ 222; 1854 p 115 § 86; RRS § 2134.]
10.46.020
10.46.060 True name inserted in proceedings. When
a defendant is designated in the indictment or information by
a fictitious or erroneous name, and in any stage of the proceedings his or her true name is discovered, it may be inserted
in the subsequent proceedings, referring to the fact of his or
her being indicted or informed against by the name mentioned in the indictment or information. [2010 c 8 § 1044;
1891 c 28 § 23; Code 1881 § 1007; 1873 p 225 § 190; 1869 p
241 § 185; RRS § 2058.]
10.46.060
True name: RCW 10.40.050.
10.46.070 Conduct of trial—Generally. The court
shall decide all questions of law which shall arise in the
course of the trial, and the trial shall be conducted in the same
manner as in civil actions. [1891 c 28 § 70; Code 1881 §
1088; 1873 p 237 § 249; 1854 p 119 § 111; RRS § 2158.
FORMER PART OF SECTION: 1891 c 28 § 66, part; Code
1881 § 1078; 1873 p 236 § 239; 1854 p 118 § 101; RRS §
2137, part, now codified as RCW 10.49.020.]
10.46.070
Rules of court: This section superseded, in part, by CrR 6. See comment
preceding CrR 6.1.
10.46.080 Continuances. A continuance may be
granted in any case on the ground of the absence of evidence
on the motion of the defendant supported by affidavit showing the materiality of the evidence expected to be obtained,
and that due diligence has been used to procure it; and also
the name and place of residence of the witness or witnesses;
and the substance of the evidence expected to be obtained,
and if the prosecuting attorney admit that such evidence
would be given, and that it be considered as actually given on
the trial or offered and overruled as improper the continuance
10.46.080
[Title 10 RCW—page 34]
Finding—1989 c 332: "The legislature finds that treatment of the emotional problems of child sexual abuse victims may be impaired by lengthy
delay in trial of the accused and the resulting delay in testimony of the child
victim. The trauma of the abusive incident is likely to be exacerbated by
requiring testimony from a victim who has substantially completed therapy
and is forced to relive the incident. The legislature finds that it is necessary
to prevent, to the extent reasonably possible, lengthy and unnecessary delays
in trial of a person charged with abuse of a minor." [1989 c 332 § 6.]
10.46.110 Discharging defendant to give evidence.
When two or more persons are included in one prosecution,
the court may, at any time before the defendant has gone into
his or her defense, direct any defendant to be discharged, that
he or she may be a witness for the state. A defendant may
also, when there is not sufficient evidence to put him or her
on his or her defense, at any time before the evidence is
closed, be discharged by the court, for the purpose of giving
evidence for a codefendant. The order of discharge is a bar to
another prosecution for the same offense. [2010 c 8 § 1045;
Code 1881 § 1092; 1873 p 237 § 253; 1854 p 120 § 117; RRS
§ 2162.]
10.46.110
Conviction or acquittal—Several defendants: RCW 10.61.035.
10.46.190 Liability of convicted person for costs—
Jury fee. Every person convicted of a crime or held to bail to
keep the peace shall be liable to all the costs of the proceedings against him or her, including, when tried by a jury in the
superior court or before a committing magistrate, a jury fee as
provided for in civil actions for which judgment shall be rendered and collected. The jury fee, when collected for a case
tried by the superior court, shall be paid to the clerk and
applied as the jury fee in civil cases is applied. [2005 c 457 §
12; 1977 ex.s. c 248 § 1; 1977 ex.s. c 53 § 1; 1961 c 304 § 8;
Code 1881 § 2105; 1869 p 418 § 3; RRS § 2227.]
10.46.190
Intent—2005 c 457: See note following RCW 43.08.250.
Disposition of fines and costs: Chapter 10.82 RCW.
Jury
fees: RCW 4.44.110, 36.18.020.
in district court: RCW 10.04.050.
10.46.200 Costs allowed to acquitted or discharged
defendant. No prisoner or person under recognizance who
shall be acquitted by verdict or discharged because no indictment is found against him or her, or for want of prosecution,
shall be liable for any costs or fees of any officer or for any
charge of subsistence while he or she was in custody, but in
10.46.200
(2010 Ed.)
Witnesses—Generally
every such case the fees of the defendant’s witnesses, and of
the officers for services rendered at the request of the defendant; and charges for subsistence of the defendant while in
custody shall be taxed and paid as other costs and charges in
such cases. [2010 c 8 § 1046; Code 1881 § 1168; 1877 p 207
§ 10; 1854 p 129 § 177; RRS § 2236.]
10.46.210
10.46.210 Taxation of costs on acquittal or discharge—Generally—Frivolous complaints. When any
person shall be brought before a court or other committing
magistrate of any county, city or town in this state, having
jurisdiction of the alleged offense, charged with the commission of a crime or misdemeanor, and such complaint upon
examination shall appear to be unfounded, no costs shall be
payable by such acquitted party, but the same shall be chargeable to the county, city or town for or in which the said complaint is triable, but if the court or other magistrate trying said
charge, shall decide the complaint was frivolous or malicious, the judgment or verdict shall also designate who is the
complainant, and may adjudge that said complainant pay the
costs. In such cases a judgment shall thereupon be entered for
the costs against said complainant, who shall stand committed until such costs be paid or discharged by due process of
law. [1987 c 202 § 168; Code 1881 § 2103; 1869 p 418 § 1;
RRS § 2225.]
Intent—1987 c 202: See note following RCW 2.04.190.
10.46.220
10.46.220 Cost bills in felony cases—Certification. In
all convictions for felony, whether capital or punishable by
imprisonment in the penitentiary, the clerk of the superior
court shall forthwith, after sentence, tax the costs in the case.
The cost bill shall be made out in triplicate, and be examined
by the prosecuting attorney of the county in which the trial
was had. After which the judge of the superior court shall
allow and approve such bill or so much thereof, as is allowable by law. The clerk of the superior court shall thereupon,
under his or her hand, and under the seal of the court, certify
said triplicate cost bills, and shall file one with the papers of
cause, and shall transmit one to the administrator for the
courts and one to the county auditor of the county in which
said felony was committed. [2010 c 8 § 1047; 1979 c 129 §
1; 1883 p 35 § 1; Code 1881 § 2106; RRS § 2228.]
10.46.230
10.46.230 Cost bills in felony cases—Payment. Upon
the receipt of the cost bill, as provided for in the preceding
section, the county auditor shall draw warrants for the
amounts due each person, as certified in said cost bill, which
warrants shall be paid as other county warrants are paid. On
receipt of the certified copy of said cost bill, the administrator
for the courts shall examine and audit said bill and allow the
payment by the state of statutorily required witness fees in
cases where conviction of a felony is obtained and the defendant is sentenced to pay a fine or is given a prison sentence
even if the sentence is deferred or suspended. Payment shall
be allowed by the administrator for the courts in such cases
even when the conviction is subsequently reversed or if a new
trial is granted. [1979 c 129 § 2; 1883 p 35 § 1; Code 1881 §
2107; 1873 p 250 § 316; RRS § 2229.]
(2010 Ed.)
Chapter 10.52
10.52.060
Chapter 10.52 RCW
WITNESSES—GENERALLY
Sections
10.52.040
10.52.060
10.52.090
10.52.100
Compelling witness to attend and testify—Accused as witness.
Confrontation of witnesses.
Incriminating testimony not to be used.
Identity of child victims of sexual assault not to be disclosed.
Discharging defendant to give evidence: RCW 10.46.110.
Salaried public officers shall not receive additional compensation as witness
on behalf of employer, and in certain other cases: RCW 42.16.020.
Witnesses: Rules of court: ER 610, CrR 6.12, CrRLJ 6.12.
10.52.040 Compelling witness to attend and testify—
Accused as witness. Witnesses may be compelled to attend
and testify before the grand jury; and witnesses on behalf of
the state, or of the defendant, in a criminal prosecution, may
be compelled to attend and testify in open court, if they have
been subpoenaed, without their fees being first paid or tendered, unless otherwise provided by law; the court may, upon
the motion of the prosecuting attorney or defense counsel,
recognize witnesses, with or without sureties, to attend and
testify at any hearing or trial in any criminal prosecution in
any court of this state, or before the grand jury. In default of
such recognizance, or in the event that surety is required and
has not been obtained, the court shall require the appearance
of the witness before the court and shall appoint counsel for
the witness if he is indigent and then shall determine that the
testimony of the witness would be material to either the prosecution or the defendant and that the witness would not attend
the trial of the matter unless detained and, therefore, the court
may direct that such witness shall be detained in the custody
of the sheriff until the hearing or trial in which the witness is
to testify: PROVIDED, That each witness detained for failure to obtain surety shall be paid, in addition to witness fees
for actual appearance in court, for each day of his detention a
sum equal to the daily jury fee paid to a juror serving in a
superior court; and each witness in breach of recognizance
and who is detained therefor shall be paid, in addition to witness fees for actual appearance in court, the sum of one dollar
for each day of his detention. Any such witness shall be provided food and lodging while so detained. Any person
accused of any crime in this state, by indictment, information,
or otherwise, may, in the examination or trial of the cause,
offer himself, or herself, as a witness in his or her own behalf,
and shall be allowed to testify as other witnesses in such case,
and when accused shall so testify, he or she shall be subject to
all the rules of law relating to cross-examination of other witnesses: PROVIDED, That nothing in this code shall be construed to compel such accused person to offer himself or herself as a witness in such case. [1984 c 76 § 17; 1969 ex.s. c
143 § 1; 1915 c 83 § 1; 1891 c 28 § 69; Code 1881 § 1067;
1873 p 233 § 229; 1871 p 105 § 2; 1854 p 116 § 93; RRS §
2148. Formerly RCW 10.52.040, 10.52.050, 10.52.070, and
10.52.080.]
10.52.040
Rules of court: See CrR 6.13, 6.14.
Rights of accused persons: State Constitution Art. 1 §§ 9, 22 (Amendment
10).
10.52.060 Confrontation of witnesses. Every person
accused of crime shall have the right to meet the witnesses
produced against him or her face to face: PROVIDED, That
10.52.060
[Title 10 RCW—page 35]
10.52.090
Title 10 RCW: Criminal Procedure
whenever any witness whose deposition shall have been
taken pursuant to law by a magistrate, in the presence of the
defendant and his or her counsel, shall be absent, and cannot
be found when required to testify upon any trial or hearing, so
much of such deposition as the court shall deem admissible
and competent shall be admitted and read as evidence in such
case. [2010 c 8 § 1048; 1909 c 249 § 54; RRS § 2306. Prior:
Code 1881 § 765; 1873 p 180 § 2; 1869 p 198 § 2; 1859 p 104
§ 2.]
Reviser’s note: Caption for 1909 c 249 § 54 reads as follows: "SEC.
54. WITNESSES."
Rights of accused persons: State Constitution Art. 1 § 22 (Amendment 10).
10.52.090
10.52.090 Incriminating testimony not to be used. In
every case where it is provided in *this act that a witness shall
not be excused from giving testimony tending to criminate
himself or herself, no person shall be excused from testifying
or producing any papers or documents on the ground that his
or her testimony may tend to criminate or subject him or her
to a penalty or forfeiture; but he or she shall not be prosecuted
or subjected to a penalty or forfeiture for or on account of any
action, matter or thing concerning which he or she shall so
testify, except for perjury or offering false evidence committed in such testimony. [2010 c 8 § 1049; 1909 c 249 § 39;
RRS § 2291.]
Rules of court: Ordering immunity from prosecution—Incriminating testimony not to be used—CrR 6.14.
*Reviser’s note: For meaning of "this act," see note following RCW
9.01.120.
Bribery or corrupt solicitation: State Constitution Art. 2 § 30.
Rights of accused persons: State Constitution Art. 1 §§ 9, 22 (Amendment
10).
Witness not excused from giving testimony tending to incriminate himself in
crimes concerning bribery: RCW 9.18.080.
10.52.100
10.52.100 Identity of child victims of sexual assault
not to be disclosed. Child victims of sexual assault who are
under the age of eighteen, have a right not to have disclosed
to the public or press at any court proceeding involved in the
prosecution of the sexual assault, the child victim’s name,
address, location, photographs, and in cases in which the
child victim is a relative or stepchild of the alleged perpetrator, identification of the relationship between the child and
the alleged perpetrator. The court shall ensure that information identifying the child victim is not disclosed to the press
or the public and that in the event of any improper disclosure
the court shall make all necessary orders to restrict further
dissemination of identifying information improperly
obtained. Court proceedings include but are not limited to
pretrial hearings, trial, sentencing, and appellate proceedings.
The court shall also order that any portion of any court
records, transcripts, or recordings of court proceedings that
contain information identifying the child victim shall be
sealed and not open to public inspection unless those identifying portions are deleted from the documents or tapes.
[1992 c 188 § 9.]
Findings—Intent—Severability—1992 c 188: See notes following
RCW 7.69A.020.
[Title 10 RCW—page 36]
Chapter 10.55
Chapter 10.55 RCW
WITNESSES OUTSIDE THE STATE
(UNIFORM ACT)
Sections
10.55.010
10.55.020
10.55.060
10.55.100
10.55.110
10.55.120
10.55.130
Definitions.
Summoning witness in this state to testify in another state.
Witness from another state summoned to testify in this state.
Exemption of witness from arrest and service of process.
Uniformity of interpretation.
Short title.
Severability—1943 c 218.
10.55.010 Definitions. "Witness" as used in this chapter shall include a person whose testimony is desired in any
proceeding or investigation by a grand jury or in a criminal
action, prosecution or proceeding.
The word "state" shall include any territory of the United
States and the District of Columbia.
The word "summons" shall include a subpoena, order or
other notice requiring the appearance of a witness. [1943 c
218 § 1; Rem. Supp. 1943 § 2150-1.]
10.55.010
10.55.020 Summoning witness in this state to testify
in another state. If a judge of a court of record in any state
which by its laws has made provision for commanding persons within that state to attend and testify in this state certified under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person
being within this state is a material witness in such prosecution, or grand jury investigation, and that his or her presence
will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in
the county in which such person is, such judge shall fix a time
and place for a hearing, and shall make an order directing the
witness to appear at a time and place certain for the hearing.
If at a hearing the judge determines that the witness is
material and necessary, that it will not cause undue hardship
to the witness to be compelled to attend and testify in the
prosecution or a grand jury investigation in the other state,
and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to
commence, will give to him or her protection from arrest and
the service of civil and criminal process, he or she shall issue
a summons, with a copy of the certificate attached, directing
the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has
commenced or is about to commence and of any other state
through which the witness may be required to travel by ordinary course of travel, at a time and place specified in the certificate. In any such hearing the certificate shall be prima
facie evidence of all the facts stated therein.
If said certificate recommends that the witness be taken
into immediate custody and delivered to an officer of the
requesting state to assure his or her attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him
or her for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for
which determination the certificate shall be prima facie proof
of such desirability may, in lieu of issuing subpoena or sum10.55.020
(2010 Ed.)
Evidence
mons, order that said witness be forthwith taken into custody
and delivered to an officer of the requesting state.
If the witness, who is summoned as above provided,
after being paid or tendered by some properly authorized person the sum of ten cents a mile for each mile by the ordinary
traveled route to and from the court where the prosecution is
pending and five dollars for each day, that he or she is
required to travel and attend as a witness, fails without good
cause to attend and testify as directed in the summons, he or
she shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a
court of record in this state. [2010 c 8 § 1050; 1943 c 218 §
2; Rem. Supp. 1943 § 2150-2. Formerly RCW 10.55.020,
10.55.030, 10.55.040, and 10.55.050.]
10.58.030
ters which arose before his or her entrance into this state
under the summons. [2010 c 8 § 1052; 1943 c 218 § 4; Rem.
Supp. 1943 § 2150-4.]
10.55.110 Uniformity of interpretation. This chapter
shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which
enact it. [1943 c 218 § 5; Rem. Supp. 1943 § 2150-5.]
10.55.110
10.55.120 Short title. This chapter may be cited as
"Uniform Act to Secure the Attendance of Witnesses from
Without a State in Criminal Proceedings." [1943 c 218 § 6;
Rem. Supp. 1943 § 2150-6.]
10.55.120
10.55.130 Severability—1943 c 218. If any provision
of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect
other provisions or applications of the chapter which can be
given effect without the invalid provision or application, and
to this end the provisions of this chapter are declared to be
severable. [1943 c 218 § 7; Rem. Supp. 1943 § 2150-7.]
10.55.130
10.55.060 Witness from another state summoned to
testify in this state. If any person in any state, which by its
laws has made provision for commanding persons within its
borders to attend and testify in criminal prosecutions, or
grand jury investigations commenced or about to commence,
in this state, is a material witness either for the prosecution or
for the defense, in a criminal action pending in a court of
record in this state, or in a grand jury investigation which has
commenced or is about to commence, a judge of such court
may issue a certificate under the seal of the court stating these
facts and specifying the number of days the witness will be
required. Said certificate may include a recommendation that
the witness be taken into immediate custody and delivered to
an officer of this state to assure his or her attendance in this
state. This certificate shall be presented to a judge of a court
of record in the county in which the witness is found.
If the witness is summoned to attend and testify in this
state he or she shall be tendered the sum of ten cents a mile
for each mile by the ordinary traveled route to and from the
court where the prosecution is pending and five dollars for
each day that he or she is required to travel and attend as a
witness. A witness who has appeared in accordance with the
provisions of the summons shall not be required to remain
within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the
court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he or she shall be punished in the manner provided for
the punishment of any witness who disobeys a summons
issued from a court of record in this state. [2010 c 8 § 1051;
1943 c 218 § 3; Rem. Supp. 1943 § 2150-3. Formerly RCW
10.55.060, 10.55.070, 10.55.080, and 10.55.090.]
10.55.060
10.55.100 Exemption of witness from arrest and service of process. If a person comes into this state in obedience
to a summons directing him or her to attend and testify in this
state he or she shall not while in this state pursuant to such
summons be subject to arrest or the service of process, civil
or criminal, in connection with matters which arose before
his or her entrance into this state under the summons.
If a person passes through this state while going to
another state in obedience to a summons to attend and testify
in that state or while returning therefrom, he or she shall not
while so passing through this state be subject to arrest or the
service of process, civil or criminal, in connection with mat10.55.100
(2010 Ed.)
Chapter 10.58
Chapter 10.58 RCW
EVIDENCE
Sections
10.58.010
10.58.020
10.58.030
10.58.035
10.58.038
10.58.040
10.58.060
10.58.080
10.58.090
Rules—Generally.
Presumption of innocence—Conviction of lowest degree,
when.
Confession as evidence.
Statement of defendant—Admissibility.
Polygraph examinations—Victims of alleged sex offenses.
Intent to defraud.
Ownership—Proof of.
View of place of crime permissible.
Sex offenses—Admissibility.
Evidence
generally: Title 5 RCW.
material to homicide, search and seizure: RCW 10.79.015.
10.58.010 Rules—Generally. The rules of evidence in
civil actions, so far as practicable, shall be applied to criminal
prosecutions. [Code 1881 § 1071; 1873 p 234 § 233; 1854 p
117 § 97; RRS § 2152.]
10.58.010
10.58.020 Presumption of innocence—Conviction of
lowest degree, when. Every person charged with the commission of a crime shall be presumed innocent until the contrary is proved by competent evidence beyond a reasonable
doubt; and when an offense has been proved against him or
her, and there exists a reasonable doubt as to which of two or
more degrees he or she is guilty, he or she shall be convicted
only of the lowest. [2010 c 8 § 1053; 1909 c 249 § 56; 1891
c 28 § 91; Code 1881 § 767; 1854 p 76 § 3; RRS § 2308. Formerly RCW 10.58.020 and 10.61.020.]
10.58.020
Conviction of attempts or lesser or included crimes: RCW 10.61.003,
10.61.006, 10.61.010.
10.58.030 Confession as evidence. The confession of a
defendant made under inducement, with all the circumstances, may be given as evidence against him or her, except
when made under the influence of fear produced by threats;
but a confession made under inducement is not sufficient to
10.58.030
[Title 10 RCW—page 37]
10.58.035
Title 10 RCW: Criminal Procedure
warrant a conviction without corroborating testimony. [2010
c 8 § 1054; Code 1881 § 1070; 1873 p 234 § 232; 1854 p 117
§ 96; RRS § 2151.]
10.58.035 Statement of defendant—Admissibility.
(1) In criminal and juvenile offense proceedings where independent proof of the corpus delicti is absent, and the alleged
victim of the crime is dead or incompetent to testify, a lawfully obtained and otherwise admissible confession, admission, or other statement of the defendant shall be admissible
into evidence if there is substantial independent evidence that
would tend to establish the trustworthiness of the confession,
admission, or other statement of the defendant.
(2) In determining whether there is substantial independent evidence that the confession, admission, or other statement of the defendant is trustworthy, the court shall consider,
but is not limited to:
(a) Whether there is any evidence corroborating or contradicting the facts set out in the statement, including the elements of the offense;
(b) The character of the witness reporting the statement
and the number of witnesses to the statement;
(c) Whether a record of the statement was made and the
timing of the making of the record in relation to the making
of the statement; and/or
(d) The relationship between the witness and the defendant.
(3) Where the court finds that the confession, admission,
or other statement of the defendant is sufficiently trustworthy
to be admitted, the court shall issue a written order setting
forth the rationale for admission.
(4) Nothing in this section may be construed to prevent
the defendant from arguing to the jury or judge in a bench
trial that the statement is not trustworthy or that the evidence
is otherwise insufficient to convict. [2003 c 179 § 1.]
10.58.035
10.58.038 Polygraph examinations—Victims of
alleged sex offenses. A law enforcement officer, prosecuting
attorney, or other government official may not ask or require
a victim of an alleged sex offense to submit to a polygraph
examination or other truth telling device as a condition for
proceeding with the investigation of the offense. The refusal
of a victim to submit to a polygraph examination or other
truth telling device shall not by itself prevent the investigation, charging, or prosecution of the offense. For the purposes of this section, "sex offense" is any offense under chapter 9A.44 RCW. [2007 c 202 § 1.]
10.58.038
10.58.040 Intent to defraud. Whenever an intent to
defraud shall be made an element of an offense, it shall be
sufficient if an intent appears to defraud any person, association or body politic or corporate whatsoever. [1909 c 249 §
40; RRS § 2292.]
10.58.040
10.58.060 Ownership—Proof of. In the prosecution of
any offense committed upon, or in relation to, or in any way
affecting any real estate, or any offense committed in stealing, embezzling, destroying, injuring, or fraudulently receiving or concealing any money, goods, or other personal estate,
it shall be sufficient, and shall not be deemed a variance, if it
10.58.060
[Title 10 RCW—page 38]
be proved on trial that at the time when such offense was
committed, either the actual or constructive possession, or the
general or special property in the whole, or any part of such
real or personal estate, was in the person or community
alleged in the indictment or other accusation to be the owner
thereof. [Code 1881 § 963; 1854 p 99 § 133; RRS § 2156.]
Indictment or information, certain defects or imperfections deemed immaterial: RCW 10.37.056.
10.58.080 View of place of crime permissible. The
court may order a view by any jury impaneled to try a criminal case. [Code 1881 § 1090; 1873 p 237 § 251; 1854 p 120
§ 115; RRS § 2160.]
10.58.080
10.58.090 Sex Offenses—Admissibility. (1) In a criminal action in which the defendant is accused of a sex offense,
evidence of the defendant’s commission of another sex
offense or sex offenses is admissible, notwithstanding Evidence Rule 404(b), if the evidence is not inadmissible pursuant to Evidence Rule 403.
(2) In a case in which the state intends to offer evidence
under this rule, the attorney for the state shall disclose the evidence to the defendant, including statements of witnesses or
a summary of the substance of any testimony that is expected
to be offered, at least fifteen days before the scheduled date of
trial or at such later time as the court may allow for good
cause.
(3) This section shall not be construed to limit the admission or consideration of evidence under any other evidence
rule.
(4) For purposes of this section, "sex offense" means:
(a) Any offense defined as a sex offense by RCW
9.94A.030;
(b) Any violation under RCW 9A.44.096 (sexual misconduct with a minor in the second degree); and
(c) Any violation under RCW 9.68A.090 (communication with a minor for immoral purposes).
(5) For purposes of this section, uncharged conduct is
included in the definition of "sex offense."
(6) When evaluating whether evidence of the defendant’s commission of another sexual offense or offenses
should be excluded pursuant to Evidence Rule 403, the trial
judge shall consider the following factors:
(a) The similarity of the prior acts to the acts charged;
(b) The closeness in time of the prior acts to the acts
charged;
(c) The frequency of the prior acts;
(d) The presence or lack of intervening circumstances;
(e) The necessity of the evidence beyond the testimonies
already offered at trial;
(f) Whether the prior act was a criminal conviction;
(g) Whether the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the
issues, or misleading the jury, or by considerations of undue
delay, waste of time, or needless presentation of cumulative
evidence; and
(h) Other facts and circumstances. [2008 c 90 § 2.]
10.58.090
Purpose—Exception to evidence rule—2008 c 90: "In Washington,
the legislature and the courts share the responsibility for enacting rules of
evidence. The court’s authority for enacting rules of evidence arises from a
statutory delegation of that responsibility to the court and from Article IV,
(2010 Ed.)
Verdicts
section 1 of the state Constitution. State v. Fields, 85 Wn.2d 126, 129, 530
P.2d 284 (1975).
The legislature’s authority for enacting rules of evidence arises from
the Washington supreme court’s prior classification of such rules as substantive law. See State v. Sears, 4 Wn.2d 200, 215, 103 P.2d 337 (1940) (the legislature has the power to enact laws which create rules of evidence); State v.
Pavelich, 153 Wash. 379, 279 P. 1102 (1929) ("rules of evidence are substantiative law").
The legislature adopts this exception to Evidence Rule 404(b) to ensure
that juries receive the necessary evidence to reach a just and fair verdict."
[2008 c 90 § 1.]
Application—2008 c 90 § 2: "Section 2 of this act applies to any case
that is tried on or after its adoption." [2008 c 90 § 3.]
Reviser’s note: Section 2, chapter 90, Laws of 2008 was approved by
the legislature on March 20, 2008, with an effective date of June 12, 2008.
Chapter 10.61
Chapter 10.61 RCW
VERDICTS
10.64.025
defendants any one or more may be convicted or acquitted.
[1891 c 28 § 37; Code 1881 § 1022; 1873 p 228 § 205; 1869
p 243 § 200; RRS § 2073. Formerly RCW 10.61.030, part.]
Rules of court: This section superseded in part by CrR 6.16. See comment
after CrR 6.16.
Discharging defendant to give evidence: RCW 10.46.110.
10.61.060 Reconsideration of verdict. When there is a
verdict of conviction in which it appears to the court that the
jury have mistaken the law, the court may explain the reason
for that opinion, and direct the jury to reconsider the verdict;
and if after such reconsideration they return the same verdict
it must be entered, but it shall be good cause for new trial.
When there is a verdict of acquittal the court cannot require
the jury to reconsider it. [1891 c 28 § 78; Code 1881 § 1100;
1873 p 239 § 261; 1854 p 121 § 125; RRS § 2170.]
10.61.060
Sections
Chapter 10.64
10.61.003
10.61.006
10.61.010
10.61.035
10.61.060
Degree offenses—Inferior degree—Attempt.
Other cases—Included offenses.
Conviction of lesser crime.
Conviction or acquittal—Several defendants.
Reconsideration of verdict.
Rules of court: Verdicts—CrR 6.16.
Former acquittal or conviction—Offense embraces other degrees and
included offenses: RCW 10.43.020, 10.43.050.
10.61.003 Degree offenses—Inferior degree—
Attempt. Upon an indictment or information for an offense
consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment or
information, and guilty of any degree inferior thereto, or of an
attempt to commit the offense. [1891 c 28 § 75; Code 1881 §
1097; 1854 p 120 § 122; RRS § 2167. Formerly RCW
10.61.010, part.] [SLC-RO-11]
10.61.003
Where doubt as to degree, conviction of lowest: RCW 10.58.020.
10.61.006 Other cases—Included offenses. In all
other cases the defendant may be found guilty of an offense
the commission of which is necessarily included within that
with which he or she is charged in the indictment or information. [2010 c 8 § 1055; 1891 c 28 § 76; Code 1881 § 1098;
1854 p 120 § 123; RRS § 2168. Formerly RCW 10.61.010,
part.] [SLC-RO-11]
Chapter 10.64 RCW
JUDGMENTS AND SENTENCES
Sections
10.64.015
10.64.025
10.64.027
10.64.060
10.64.070
10.64.075
10.64.080
10.64.100
10.64.110
10.64.120
10.64.140
Judgment to include costs—Exception.
Detention of defendant.
Conditions of release.
Form of sentence to penitentiary.
Recognizance to maintain good behavior or keep the peace.
Breach of recognizance conditions.
Judgments a lien on realty.
Final record—What to contain.
Fingerprint of defendant in felony convictions.
Referral assessments—Probation department oversight committee.
Loss of voting rights—Acknowledgment.
Rules of court: Judgments and sentencing—CrR 7.1 through 7.4.
Assessments required of other convicted persons
offender supervision: RCW 9.94A.780.
parolees: RCW 72.04A.120.
Excessive bail or fines, cruel punishment prohibited: State Constitution Art.
1 § 14.
10.61.006
10.61.010 Conviction of lesser crime. Upon the trial of
an indictment or information, the defendant may be convicted
of the crime charged therein, or of a lesser degree of the same
crime, or of an attempt to commit the crime so charged, or of
an attempt to commit a lesser degree of the same crime.
Whenever the jury shall find a verdict of guilty against a person so charged, they shall in their verdict specify the degree
or attempt of which the accused is guilty. [1909 c 249 § 11;
RRS § 2263. FORMER PARTS OF SECTION: (i) 1891 c 28
§ 75; Code 1881 § 1097; 1854 p 120 § 122; RRS § 2167, now
codified as RCW 10.61.003. (ii) 1891 c 28 § 76; Code 1881 §
1098; 1854 p 120 § 123; RRS § 2168, now codified as RCW
10.61.006.] [SLC-RO-11]
10.64.015 Judgment to include costs—Exception.
When the defendant is found guilty, the court shall render
judgment accordingly, and the defendant shall be liable for
all costs, unless the court or jury trying the cause expressly
find otherwise. [Code 1881 § 1104; 1873 p 241 § 272; 1854
p 121 § 129; RRS § 2187. Formerly RCW 10.64.010, part.]
10.64.015
Requiring defendant to pay costs—Procedure: RCW 10.01.160, 10.01.170,
chapter 10.82 RCW.
10.61.010
10.61.035 Conviction or acquittal—Several defendants. Upon an indictment or information against several
10.61.035
(2010 Ed.)
10.64.025 Detention of defendant. (1) A defendant
who has been found guilty of a felony and is awaiting sentencing shall be detained unless the court finds by clear and
convincing evidence that the defendant is not likely to flee or
to pose a danger to the safety of any other person or the community if released. Any bail bond that was posted on behalf
of a defendant shall, upon the defendant’s conviction, be
exonerated.
(2) A defendant who has been found guilty of one of the
following offenses shall be detained pending sentencing:
Rape in the first or second degree (RCW 9A.44.040 and
9A.44.050); rape of a child in the first, second, or third degree
(RCW 9A.44.073, 9A.44.076, and 9A.44.079); child molestation in the first, second, or third degree (RCW 9A.44.083,
9A.44.086, and 9A.44.089); sexual misconduct with a minor
10.64.025
[Title 10 RCW—page 39]
10.64.027
Title 10 RCW: Criminal Procedure
in the first or second degree (RCW 9A.44.093 and
9A.44.096); indecent liberties (RCW 9A.44.100); incest
(RCW 9A.64.020); luring (RCW 9A.40.090); any class A or
B felony that is a sexually motivated offense as defined in
RCW 9.94A.030; a felony violation of RCW 9.68A.090; or
any offense that is, under chapter 9A.28 RCW, a criminal
attempt, solicitation, or conspiracy to commit one of those
offenses. [1996 c 275 § 10; 1989 c 276 § 2.]
Finding—1996 c 275: See note following RCW 9.94A.505.
Additional notes found at www.leg.wa.gov
10.64.027 Conditions of release. In order to minimize
the trauma to the victim, the court may attach conditions on
release of a defendant under RCW 10.64.025 regarding the
whereabouts of the defendant, contact with the victim, or
other conditions. [1989 c 276 § 5.]
10.64.027
Additional notes found at www.leg.wa.gov
10.64.060 Form of sentence to penitentiary. In every
case where imprisonment in the penitentiary is awarded
against any convict, the form of the sentence shall be, that he
or she be punished by confinement at hard labor; and he or
she may also be sentenced to solitary imprisonment for such
term as the court shall direct, not exceeding twenty days at
any one time; and in the execution of such punishment the
solitary shall precede the punishment by hard labor, unless
the court shall otherwise order. [2010 c 8 § 1056; Code 1881
§ 1127; 1873 p 243 § 285; 1854 p 124 § 149; RRS § 2208.]
10.64.060
Indeterminate sentences: Chapter 9.95 RCW.
Sentencing, 1981 act: Chapter 9.94A RCW.
10.64.070 Recognizance to maintain good behavior
or keep the peace. Every court before whom any person
shall be convicted upon an indictment or information for an
offense not punishable with death or imprisonment in the
penitentiary may, in addition to the punishment prescribed by
law, require such person to recognize with sufficient sureties
in a reasonable sum to keep the peace, or to be of good behavior, or both, for any term not exceeding one year, and to stand
committed until he or she shall so recognize. [2010 c 8 §
1057; 1891 c 28 § 83; Code 1881 § 1121; 1873 p 242 § 279;
1854 p 123 § 143; RRS § 2202. FORMER PART OF SECTION: Code 1881 § 1122; 1873 p 242 § 280; 1854 p 123 §
144; RRS § 2203, now codified as RCW 10.64.075.]
10.64.070
10.64.075 Breach of recognizance conditions. In case
of the breach of the conditions of any such recognizance, the
same proceedings shall be had that are by law prescribed in
relation to recognizances to keep the peace. [Code 1881 §
1122; 1873 p 242 § 280; 1854 p 123 § 144; RRS § 2203. Formerly RCW 10.64.070, part.]
10.64.075
10.64.080 Judgments a lien on realty. Judgments for
fines in all criminal actions rendered, are, and may be made
liens upon the real estate of the defendant in the same manner, and with like effect as judgments in civil actions. [Code
1881 § 1111; RRS § 2188.]
10.64.080
10.64.100 Final record—What to contain. The clerk
of the court shall make a final record of all the proceedings in
10.64.100
[Title 10 RCW—page 40]
a criminal prosecution within six months after the same shall
have been decided, which shall contain a copy of the minutes
of the challenge to the panel of the grand jury, the indictment
or information, journal entries, pleadings, minutes of challenges to panel of petit jurors, judgment, orders, or decision,
and bill of exceptions. [1891 c 28 § 85; Code 1881 § 1134;
1873 p 245 § 292; 1854 p 125 § 156; RRS § 2224.]
10.64.110 Fingerprint of defendant in felony convictions. Following June 15, 1977, there shall be affixed to the
original of every judgment and sentence of a felony conviction in every court in this state and every order adjudicating a
juvenile to be a delinquent based upon conduct which would
be a felony if committed by an adult, a fingerprint of the
defendant or juvenile who is the subject of the order. When
requested by the clerk of the court, the actual affixing of fingerprints shall be done by a representative of the office of the
county sheriff.
The clerk of the court shall attest that the fingerprints
appearing on the judgment in sentence, order of adjudication
of delinquency, or docket, is that of the individual who is the
subject of the judgment or conviction, order, or docket entry.
[1977 ex.s. c 259 § 1.]
10.64.110
10.64.120 Referral assessments—Probation department oversight committee. (1) Every judge of a court of
limited jurisdiction shall have the authority to levy upon a
person a monthly assessment not to exceed one hundred dollars for services provided whenever the person is referred by
the court to the misdemeanant probation department for evaluation or supervision services. The assessment may also be
made by a judge in superior court when such misdemeanor or
gross misdemeanor cases are heard in the superior court.
(2) For the purposes of this section the administrative
office of the courts shall define a probation department and
adopt rules for the qualifications of probation officers based
on occupational and educational requirements developed by
an oversight committee. This oversight committee shall
include a representative from the district and municipal court
judges association, the misdemeanant corrections association, the administrative office of the courts, and associations
of cities and counties. The oversight committee shall consider qualifications that provide the training and education
necessary to (a) conduct presentencing and postsentencing
background investigations, including sentencing recommendations to the court regarding jail terms, alternatives to incarceration, and conditions of release; and (b) provide ongoing
supervision and assessment of offenders’ needs and the risk
they pose to the community.
(3) It shall be the responsibility of the probation services
office to implement local procedures approved by the court
of limited jurisdiction to ensure collection and payment of
such fees into the general fund of the city or county treasury.
(4) Revenues raised under this section shall be used to
fund programs for probation services and shall be in addition
to those funds provided in RCW 3.62.050.
(5) Assessments and fees levied upon a probationer
under this section must be suspended while the probationer is
being supervised by another state under RCW 9.94A.745, the
interstate compact for adult offender supervision. [2005 c
10.64.120
(2010 Ed.)
Drug Traffickers—Off-Limits Orders
400 § 7; 2005 c 282 § 22; 1996 c 298 § 6; 1991 c 247 § 3;
1982 c 207 § 4.]
Reviser’s note: This section was amended by 2005 c 282 § 22 and by
2005 c 400 § 7, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Application—Effective date—2005 c 400: See notes following RCW
9.94A.74504.
10.66.020
10.66.005 Findings. The legislature finds that drug
abuse is escalating at an alarming rate. New protections need
to be established to address this drug crisis which is threatening every stratum of our society. Prohibiting known drug traffickers from frequenting areas for continuous drug activity is
one means of addressing this pervasive problem. [1989 c 271
§ 213.]
10.66.005
10.66.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Applicant" means any person who owns, occupies,
or has a substantial interest in property, or who is a neighbor
to property which is adversely affected by drug trafficking,
including:
(a) A "family or household member" as defined by
*RCW 10.99.020(1), who has a possessory interest in a residence as an owner or tenant, at least as great as a known drug
trafficker’s interest;
(b) An owner or lessor;
(c) An owner, tenant, or resident who lives or works in a
designated PADT area; or
(d) A city or prosecuting attorney for any jurisdiction in
this state where drug trafficking is occurring.
(2) "Drug" or "drugs" means a controlled substance as
defined in chapter 69.50 RCW or an "imitation controlled
substance" as defined in RCW 69.52.020.
(3) "Known drug trafficker" means any person who has
been convicted of a drug offense in this state, another state, or
federal court who subsequently has been arrested for a drug
offense in this state. For purposes of this definition, "drug
offense" means a felony violation of chapter 69.50 or 69.52
RCW or equivalent law in another jurisdiction that involves
the manufacture, distribution, or possession with intent to
manufacture or distribute, of a controlled substance or imitation controlled substance.
(4) "Off-limits orders" means an order issued by a superior or district court in the state of Washington that enjoins
known drug traffickers from entering or remaining in a designated PADT area.
(5) "Protected against drug trafficking area" or "PADT
area" means any specifically described area, public or private, contained in an off-limits order. The perimeters of a
PADT area shall be defined using street names and numbers
and shall include all real property contained therein, where
drug sales, possession of drugs, pedestrian or vehicular traffic
attendant to drug activity, or other activity associated with
drug offenses confirms a pattern associated with drug trafficking. The area may include the full width of streets, alleys
and sidewalks on the perimeter, common areas, planting
strips, parks and parking areas within the area described
using the streets as boundaries. [1989 c 271 § 214.]
10.66.010
10.64.140 Loss of voting rights—Acknowledgment.
(1) When a person is convicted of a felony, the court shall
require the defendant to sign a statement acknowledging that:
(a) The defendant’s right to vote has been lost due to the
felony conviction;
(b) If the defendant is registered to vote, the voter registration will be canceled;
(c) The right to vote is provisionally restored as long as
the defendant is not under the authority of the department of
corrections;
(d) The defendant must reregister before voting;
(e) The provisional right to vote may be revoked if the
defendant fails to comply with all the terms of his or her legal
financial obligations or an agreement for the payment of legal
financial obligations;
(f) The right to vote may be permanently restored by one
of the following for each felony conviction:
(i) A certificate of discharge issued by the sentencing
court, as provided in RCW 9.94A.637;
(ii) A court order issued by the sentencing court restoring
the right, as provided in RCW 9.92.066;
(iii) A final order of discharge issued by the indeterminate sentence review board, as provided in RCW 9.96.050; or
(iv) A certificate of restoration issued by the governor, as
provided in RCW 9.96.020; and
(g) Voting before the right is restored is a class C felony
under RCW 29A.84.660.
(2) For the purposes of this section, a person is under the
authority of the department of corrections if the person is:
(a) Serving a sentence of confinement in the custody of
the department of corrections; or
(b) Subject to community custody as defined in RCW
9.94A.030. [2009 c 325 § 5; 2005 c 246 § 1.]
10.64.140
Effective date—2005 c 246: "This act takes effect January 1, 2006."
[2005 c 246 § 26.]
Chapter 10.66 RCW
DRUG TRAFFICKERS—OFF-LIMITS ORDERS
Chapter 10.66
Sections
10.66.005
10.66.010
10.66.020
10.66.030
10.66.040
10.66.050
10.66.060
10.66.070
10.66.080
10.66.090
10.66.100
10.66.110
10.66.120
10.66.130
10.66.900
(2010 Ed.)
Findings.
Definitions.
When order may be issued.
Hearing—Summons.
Ex parte temporary order—Hearing—Notice.
Additional relief—PADT area.
Bond or security.
Appearance of party.
Notice of order to law enforcement agency.
Penalties.
Additional penalties.
Jurisdiction.
Venue.
Modification of order—Notice to law enforcement agency.
Severability—1989 c 271.
*Reviser’s note: RCW 10.99.020 was amended by 2004 c 18 § 2,
changing subsection (1) to subsection (3).
10.66.020 When order may be issued. A court may
enter an off-limits order enjoining a known drug trafficker
who has been associated with drug trafficking in an area that
the court finds to be a PADT area, from entering or remaining
in a designated PADT area for up to one year. This relief may
10.66.020
[Title 10 RCW—page 41]
10.66.030
Title 10 RCW: Criminal Procedure
be ordered pursuant to applications for injunctive relief or as
part of a criminal proceeding as follows:
(1) In a civil action, including an action brought under
this chapter;
(2) In a nuisance abatement action pursuant to chapter
7.43 RCW;
(3) In an eviction action to exclude known drug traffickers or tenants who were evicted for allowing drug trafficking
to occur on the premises which were the subject of the eviction action;
(4) As a condition of pretrial release of a known drug
trafficker awaiting trial on drug charges. The order shall be in
effect until the time of sentencing or dismissal of the criminal
charges; or
(5) As a condition of sentencing of any known drug trafficker convicted of a drug offense. The order may include all
periods of community placement or community supervision.
[1989 c 271 § 215.]
10.66.030 Hearing—Summons. Upon the filing of an
application for an off-limits order under RCW 10.66.020 (1),
(2), or (3), the court shall set a hearing fourteen days from the
filing of the application, or as soon thereafter as the hearing
can be scheduled. If the respondent has not already been
served with a summons, the application shall be served on the
respondent not less than five court days before the hearing. If
timely service cannot be made, the court may set a new hearing date. [1989 c 271 § 216.]
10.66.030
10.66.040 Ex parte temporary order—Hearing—
Notice. Upon filing an application for an off-limits order
under this chapter, an applicant may obtain an ex parte temporary off-limits order, with or without notice, only upon a
showing that serious or irreparable harm will result to the
applicant if the temporary off-limits order is not granted. An
ex parte temporary off-limits order shall be effective for a
fixed period not to exceed fourteen days, but the court may
reissue the order upon a showing of good cause. A hearing on
a one-year off-limits order, as provided in this chapter, shall
be set for fourteen days from the issuance of the temporary
order. The respondent shall be personally served with a copy
of the temporary off-limits order along with a copy of the
application and notice of the date set for the full hearing. At
the hearing, if the court finds that respondent is a known drug
trafficker who has engaged in drug trafficking in a particular
area, and that the area is associated with a pattern of drug
activities, the court shall issue a one-year off-limits order prohibiting the respondent from having any contact with the
PADT area. At any time within three months before the expiration of the order, the applicant may apply for a renewal of
the order by filing a new petition under this chapter. [1989 c
271 § 217.]
10.66.040
10.66.050 Additional relief—PADT area. In granting
a temporary off-limits order or a one-year off-limits order,
the court shall have discretion to grant additional relief as the
court considers proper to achieve the purposes of this chapter.
The PADT area defined in any off-limits order must be reasonably related to the area or areas impacted by the unlawful
drug activity as described by the applicant in any civil action
10.66.050
[Title 10 RCW—page 42]
under RCW 10.66.020 (1), (2), or (3). The court in its discretion may allow a respondent, who is the subject of any order
issued under RCW 10.66.020 as part of a civil or criminal
proceeding, to enter an off-limits area or areas for health or
employment reasons, subject to conditions prescribed by the
court. Upon request, a certified copy of the order shall be provided to the applicant by the clerk of the court. [1999 c 143
§ 46; 1989 c 271 § 218.]
10.66.060 Bond or security. A temporary off-limits
order or a one-year off-limits order may not issue under this
chapter except upon the giving of a bond or security by the
applicant. The court shall set the bond or security in the
amount the court deems proper, but not less than one thousand dollars, for the payment of costs and damages that may
be incurred by any party who is found to have been wrongfully restrained or enjoined. A bond or security shall not be
required of the state of Washington, municipal corporations,
or political subdivisions of the state of Washington. [1989 c
271 § 219.]
10.66.060
10.66.070 Appearance of party. Nothing in this chapter shall preclude a party from appearing in person or by
counsel. [1989 c 271 § 220.]
10.66.070
10.66.080 Notice of order to law enforcement agency.
A copy of an off-limits order granted under this chapter shall
be forwarded by the court to the local law enforcement
agency with jurisdiction over the PADT area specified in the
order on or before the next judicial day following issuance of
the order. Upon receipt of the order, the law enforcement
agency shall promptly enter it into an appropriate law
enforcement information system. [1989 c 271 § 221.]
10.66.080
10.66.090 Penalties. (1) A person who willfully disobeys an off-limits order issued under this chapter is guilty of
a gross misdemeanor.
(2) A person is guilty of a class C felony punishable
according to chapter 9A.20 RCW if the person willfully disobeys an off-limits order in violation of the terms of the order
and also either:
(a) Enters or remains in a PADT area that is within one
thousand feet of any school; or
(b) Is convicted of a second or subsequent violation of
this chapter. [2003 c 53 § 93; 1989 c 271 § 223.]
10.66.090
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
10.66.100 Additional penalties. Any person who willfully disobeys an off-limits order issued under this chapter
shall be subject to criminal penalties as provided in this chapter and may also be found in contempt of court and subject to
penalties under chapter 7.21 RCW. [1999 c 143 § 47; 1989 c
271 § 222.]
10.66.100
10.66.110 Jurisdiction. The superior courts shall have
jurisdiction of all civil actions and all felony criminal proceedings brought under this chapter. Courts of limited jurisdiction shall have jurisdiction of all misdemeanor and gross
10.66.110
(2010 Ed.)
Commitments
misdemeanor criminal actions brought under this chapter.
[1989 c 271 § 224.]
10.66.120 Venue. For the purposes of this chapter, an
action may be brought in any county in which any element of
the alleged drug trafficking activities occurred. [1989 c 271
§ 225.]
10.66.120
10.66.130 Modification of order—Notice to law
enforcement agency. Upon application, notice to all parties,
and a hearing, the court may modify the terms of an off-limits
order. When an order is terminated, modified, or amended
before its expiration date, the clerk of the court shall forward,
on or before the next judicial day, a true copy of the amended
order to the law enforcement agency specified in the order.
Upon receipt of an order, the law enforcement agency shall
promptly enter it into an appropriate law enforcement information system. [1989 c 271 § 226.]
10.66.130
10.66.900 Severability—1989 c 271. See note following RCW 9.94A.510.
10.66.900
Chapter 10.70
Chapter 10.70 RCW
COMMITMENTS
(Formerly: Commitments and executions)
Sections
10.70.010
10.70.020
10.70.140
10.70.150
Commitment until fine and costs are paid.
Mittimus upon sentence to imprisonment.
Aliens committed—Notice to immigration authority.
Aliens committed—Copies of clerk’s records.
Execution of death sentence: Chapter 10.95 RCW.
10.70.010 Commitment until fine and costs are paid.
When the defendant is adjudged to pay a fine and costs, the
court shall order him or her to be committed to the custody of
the sheriff until the fine and costs are paid or secured as provided by law. [2010 c 8 § 1058; Code 1881 § 1119; 1873 p
242 § 277; 1854 p 123 § 141; RRS § 2200.]
10.70.010
Commitment for failure to pay fine and costs—Execution against defendant’s property: RCW 10.82.030.
Stay of execution for sixty days on recognizance: RCW 10.82.020,
10.82.025.
10.70.020 Mittimus upon sentence to imprisonment.
When any person shall be sentenced to be imprisoned in the
penitentiary or county jail, the clerk of the court shall, as soon
as may be, make out and deliver to the sheriff of the county,
or his or her deputy, a transcript from the minutes of the court
of such conviction and sentence, duly certified by such clerk,
which shall be sufficient authority for such sheriff to execute
the sentence, who shall execute it accordingly. [2010 c 8 §
1059; Code 1881 § 1126; 1873 p 243 § 284; 1854 p 124 §
148; RRS § 2207.]
10.70.020
10.70.140 Aliens committed—Notice to immigration
authority. Whenever any person shall be committed to a
state correctional facility, the county jail, or any other state or
county institution which is supported wholly or in part by
public funds, it shall be the duty of the warden, superintendent, sheriff or other officer in charge of such state or county
10.70.140
(2010 Ed.)
10.73.040
institution to at once inquire into the nationality of such person, and if it shall appear that such person is an alien, to
immediately notify the United States immigration officer in
charge of the district in which such penitentiary, reformatory,
jail or other institution is located, of the date of and the reasons for such alien commitment, the length of time for which
committed, the country of which the person is a citizen, and
the date on which and the port at which the person last
entered the United States. [1992 c 7 § 29; 1925 ex.s. c 169 §
1; RRS § 2206-1.]
10.70.150 Aliens committed—Copies of clerk’s
records. Upon the official request of the United States immigration officer in charge of the territory or district in which is
located any court committing any alien to any state or county
institution which is supported wholly or in part by public
funds, it shall be the duty of the clerk of such court to furnish
without charge a certified copy of the complaint, information
or indictment and the judgment and sentence and any other
record pertaining to the case of the convicted alien. [1925
ex.s. c 169 § 2; RRS § 2206-2.]
10.70.150
Chapter 10.73
Chapter 10.73 RCW
CRIMINAL APPEALS
Sections
10.73.010
10.73.040
10.73.090
10.73.100
10.73.110
10.73.120
10.73.130
10.73.140
10.73.150
10.73.160
10.73.170
10.73.900
Appeal by defendant.
Bail pending appeal.
Collateral attack—One year time limit.
Collateral attack—When one year limit not applicable.
Collateral attack—One year time limit—Duty of court to
advise defendant.
Collateral attack—One year time limit—Duty of department
of corrections to advise.
Collateral attack—One year time limit—Applicability.
Collateral attack—Subsequent petitions.
Right to counsel.
Court fees and costs.
DNA testing requests.
Severability—1989 c 395.
Effect of appellate review by defendant: RCW 9.95.060, 9.95.062.
10.73.010 Appeal by defendant.
dant, see Rules of Court.
10.73.010
Appeal by defen-
10.73.040 Bail pending appeal. In all criminal actions,
except capital cases in which the proof of guilt is clear or the
presumption great, upon an appeal being taken from a judgment of conviction, the court in which the judgment was rendered, or a judge thereof, must, by an order entered in the
journal or filed with the clerk, fix and determine the amount
of bail to be required of the appellant; and the appellant shall
be committed until a bond to the state of Washington in the
sum so fixed be executed on his or her behalf by at least two
sureties possessing the qualifications required for sureties on
appeal bonds, such bond to be conditioned that the appellant
shall appear whenever required, and stand to and abide by the
judgment or orders of the appellate court, and any judgment
and order of the superior court that may be rendered or made
in pursuance thereof. If the appellant be already at large on
bail, his or her sureties shall be liable to the amount of their
bond, in the same manner and upon the same conditions as if
they had executed the bond prescribed by this section; but the
court may by order require a new bond in a larger amount or
10.73.040
[Title 10 RCW—page 43]
10.73.090
Title 10 RCW: Criminal Procedure
with new sureties, and may commit the appellant until the
order be complied with. [2010 c 8 § 1060; 1999 c 143 § 48;
1893 c 61 § 31; RRS § 1747.]
10.73.090 Collateral attack—One year time limit. (1)
No petition or motion for collateral attack on a judgment and
sentence in a criminal case may be filed more than one year
after the judgment becomes final if the judgment and sentence is valid on its face and was rendered by a court of competent jurisdiction.
(2) For the purposes of this section, "collateral attack"
means any form of postconviction relief other than a direct
appeal. "Collateral attack" includes, but is not limited to, a
personal restraint petition, a habeas corpus petition, a motion
to vacate judgment, a motion to withdraw guilty plea, a
motion for a new trial, and a motion to arrest judgment.
(3) For the purposes of this section, a judgment becomes
final on the last of the following dates:
(a) The date it is filed with the clerk of the trial court;
(b) The date that an appellate court issues its mandate
disposing of a timely direct appeal from the conviction; or
(c) The date that the United States Supreme Court denies
a timely petition for certiorari to review a decision affirming
the conviction on direct appeal. The filing of a motion to
reconsider denial of certiorari does not prevent a judgment
from becoming final. [1989 c 395 § 1.]
10.73.090
10.73.100 Collateral attack—When one year limit
not applicable. The time limit specified in RCW 10.73.090
does not apply to a petition or motion that is based solely on
one or more of the following grounds:
(1) Newly discovered evidence, if the defendant acted
with reasonable diligence in discovering the evidence and filing the petition or motion;
(2) The statute that the defendant was convicted of violating was unconstitutional on its face or as applied to the
defendant’s conduct;
(3) The conviction was barred by double jeopardy under
Amendment V of the United States Constitution or Article I,
section 9 of the state Constitution;
(4) The defendant pled not guilty and the evidence introduced at trial was insufficient to support the conviction;
(5) The sentence imposed was in excess of the court’s
jurisdiction; or
(6) There has been a significant change in the law,
whether substantive or procedural, which is material to the
conviction, sentence, or other order entered in a criminal or
civil proceeding instituted by the state or local government,
and either the legislature has expressly provided that the
change in the law is to be applied retroactively, or a court, in
interpreting a change in the law that lacks express legislative
intent regarding retroactive application, determines that sufficient reasons exist to require retroactive application of the
changed legal standard. [1989 c 395 § 2.]
10.73.100
10.73.110 Collateral attack—One year time limit—
Duty of court to advise defendant. At the time judgment
and sentence is pronounced in a criminal case, the court shall
advise the defendant of the time limit specified in RCW
10.73.090 and 10.73.100. [1989 c 395 § 4.]
10.73.110
[Title 10 RCW—page 44]
10.73.120
10.73.120 Collateral attack—One year time limit—
Duty of department of corrections to advise. As soon as
practicable after July 23, 1989, the department of corrections
shall attempt to advise the following persons of the time limit
specified in RCW 10.73.090 and 10.73.100: Every person
who, on July 23, 1989, is serving a term of incarceration,
probation, parole, or community supervision pursuant to conviction of a felony. [1989 c 395 § 5.]
10.73.130
10.73.130 Collateral attack—One year time limit—
Applicability. RCW 10.73.090 and 10.73.100 apply only to
petitions and motions filed more than one year after July 23,
1989. [1989 c 395 § 6.]
10.73.140
10.73.140 Collateral attack—Subsequent petitions.
If a person has previously filed a petition for personal
restraint, the court of appeals will not consider the petition
unless the person certifies that he or she has not filed a previous petition on similar grounds, and shows good cause why
the petitioner did not raise the new grounds in the previous
petition. Upon receipt of a personal restraint petition, the
court of appeals shall review the petition and determine
whether the person has previously filed a petition or petitions
and if so, compare them. If upon review, the court of appeals
finds that the petitioner has previously raised the same
grounds for review, or that the petitioner has failed to show
good cause why the ground was not raised earlier, the court of
appeals shall dismiss the petition on its own motion without
requiring the state to respond to the petition. Upon receipt of
a first or subsequent petition, the court of appeals shall,
whenever possible, review the petition and determine if the
petition is based on frivolous grounds. If frivolous, the court
of appeals shall dismiss the petition on its own motion without first requiring the state to respond to the petition. [1989 c
395 § 9.]
10.73.150
10.73.150 Right to counsel. Counsel shall be provided
at state expense to an adult offender convicted of a crime and
to a juvenile offender convicted of an offense when the
offender is indigent or indigent and able to contribute as those
terms are defined in RCW 10.101.010 and the offender:
(1) Files an appeal as a matter of right;
(2) Responds to an appeal filed as a matter of right or
responds to a motion for discretionary review or petition for
review filed by the state;
(3) Is under a sentence of death and requests counsel be
appointed to file and prosecute a motion or petition for collateral attack as defined in RCW 10.73.090. Counsel may be
provided at public expense to file or prosecute a second or
subsequent collateral attack on the same judgment and sentence, if the court determines that the collateral attack is not
barred by RCW 10.73.090 or 10.73.140;
(4) Is not under a sentence of death and requests counsel
to prosecute a collateral attack after the chief judge has determined that the issues raised by the petition are not frivolous,
in accordance with the procedure contained in rules of appellate procedure 16.11. Counsel shall not be provided at public
expense to file or prosecute a second or subsequent collateral
attack on the same judgment and sentence;
(2010 Ed.)
Criminal Appeals
10.73.170
(5) Responds to a collateral attack filed by the state or
responds to or prosecutes an appeal from a collateral attack
that was filed by the state;
(6) Prosecutes a motion or petition for review after the
supreme court or court of appeals has accepted discretionary
review of a decision of a court of limited jurisdiction; or
(7) Prosecutes a motion or petition for review after the
supreme court has accepted discretionary review of a court of
appeals decision. [1995 c 275 § 2.]
contumacious default in the payment may at any time petition
the court that sentenced the juvenile offender for remission of
the payment of costs or of any unpaid portion. If it appears to
the satisfaction of the sentencing court that payment of the
amount due will impose manifest hardship on the parents or
another person legally obligated to support a juvenile
offender or on their immediate families, the sentencing court
may remit all or part of the amount due in costs, or may modify the method of payment. [1995 c 275 § 3.]
Finding—1995 c 275: "The legislature is aware that the constitutional
requirements of equal protection and due process require that counsel be provided for indigent persons and persons who are indigent and able to contribute for the first appeal as a matter of right from a judgment and sentence in a
criminal case or a juvenile offender proceeding, and no further. There is no
constitutional right to appointment of counsel at public expense to collaterally attack a judgment and sentence in a criminal case or juvenile offender
proceeding or to seek discretionary review of a lower appellate court decision.
The legislature finds that it is appropriate to extend the right to counsel
at state expense beyond constitutional requirements in certain limited circumstances to persons who are indigent and persons who are indigent and
able to contribute as those terms are defined in RCW 10.101.010." [1995 c
275 § 1.]
Finding—Severability—1995 c 275: See notes following RCW
10.73.150.
Additional notes found at www.leg.wa.gov
10.73.160 Court fees and costs. (1) The court of
appeals, supreme court, and superior courts may require an
adult or a juvenile convicted of an offense or the parents or
another person legally obligated to support a juvenile
offender to pay appellate costs.
(2) Appellate costs are limited to expenses specifically
incurred by the state in prosecuting or defending an appeal or
collateral attack from a criminal conviction or sentence or a
juvenile offender conviction or disposition. Appellate costs
shall not include expenditures to maintain and operate government agencies that must be made irrespective of specific
violations of the law. Expenses incurred for producing a verbatim report of proceedings and clerk’s papers may be
included in costs the court may require a convicted defendant
or juvenile offender to pay.
(3) Costs, including recoupment of fees for courtappointed counsel, shall be requested in accordance with the
procedures contained in Title 14 of the rules of appellate procedure and in Title 9 of the rules for appeal of decisions of
courts of limited jurisdiction. An award of costs shall become
part of the trial court judgment and sentence. An award of
costs in juvenile cases shall also become part of any order
previously entered in the trial court pursuant to RCW
13.40.145.
(4) A defendant or juvenile offender who has been sentenced to pay costs and who is not in contumacious default in
the payment may at any time petition the court that sentenced
the defendant or juvenile offender for remission of the payment of costs or of any unpaid portion. If it appears to the satisfaction of the sentencing court that payment of the amount
due will impose manifest hardship on the defendant, the
defendant’s immediate family, or the juvenile offender, the
sentencing court may remit all or part of the amount due in
costs, or modify the method of payment under RCW
10.01.170.
(5) The parents or another person legally obligated to
support a juvenile offender who has been ordered to pay
appellate costs pursuant to RCW 13.40.145 and who is not in
10.73.160
(2010 Ed.)
10.73.170 DNA testing requests. (1) A person convicted of a felony in a Washington state court who currently
is serving a term of imprisonment may submit to the court
that entered the judgment of conviction a verified written
motion requesting DNA testing, with a copy of the motion
provided to the state office of public defense.
(2) The motion shall:
(a) State that:
(i) The court ruled that DNA testing did not meet acceptable scientific standards; or
(ii) DNA testing technology was not sufficiently developed to test the DNA evidence in the case; or
(iii) The DNA testing now requested would be significantly more accurate than prior DNA testing or would provide significant new information;
(b) Explain why DNA evidence is material to the identity
of the perpetrator of, or accomplice to, the crime, or to sentence enhancement; and
(c) Comply with all other procedural requirements established by court rule.
(3) The court shall grant a motion requesting DNA testing under this section if such motion is in the form required
by subsection (2) of this section, and the convicted person has
shown the likelihood that the DNA evidence would demonstrate innocence on a more probable than not basis.
(4) Upon written request to the court that entered a judgment of conviction, a convicted person who demonstrates
that he or she is indigent under RCW 10.101.010 may request
appointment of counsel solely to prepare and present a
motion under this section, and the court, in its discretion, may
grant the request. Such motion for appointment of counsel
shall comply with all procedural requirements established by
court rule.
(5) DNA testing ordered under this section shall be performed by the Washington state patrol crime laboratory.
Contact with victims shall be handled through victim/witness
divisions.
(6) Notwithstanding any other provision of law, upon
motion of defense counsel or the court’s own motion, a sentencing court in a felony case may order the preservation of
any biological material that has been secured in connection
with a criminal case, or evidence samples sufficient for testing, in accordance with any court rule adopted for the preservation of evidence. The court must specify the samples to be
maintained and the length of time the samples must be preserved. [2005 c 5 § 1; 2003 c 100 § 1; 2001 c 301 § 1; 2000
c 92 § 1.]
10.73.170
Effective date—2005 c 5: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov[Title 10 RCW—page 45]
10.73.900
Title 10 RCW: Criminal Procedure
ernment and its existing public institutions, and takes effect immediately
[March 9, 2005]." [2005 c 5 § 2.]
Construction—2001 c 301: "Nothing in this act may be construed to
create a new or additional cause of action in any court. Nothing in this act
shall be construed to limit any rights offenders might otherwise have to court
access under any other statutory or constitutional provision." [2001 c 301 §
2.]
Report on DNA testing—2000 c 92: "By December 1, 2001, the office
of public defense shall prepare a report detailing the following: (1) The number of postconviction DNA test requests approved by the respective prosecutor; (2) the number of postconviction DNA test requests denied by the
respective prosecutor and a summary of the basis for the denials; (3) the
number of appeals for postconviction DNA testing approved by the attorney
general’s office; (4) the number of appeals for postconviction DNA testing
denied by the attorney general’s office and a summary of the basis for the
denials; and (5) a summary of the results of the postconviction DNA tests
conducted pursuant to RCW 10.73.170 (2) and (3). The report shall also provide an estimate of the number of persons convicted of crimes where DNA
evidence was not admitted because the court ruled DNA testing did not meet
acceptable scientific standards or where DNA testing technology was not
sufficiently developed to test the DNA evidence in the case." [2000 c 92 §
2.]
Intent—2000 c 92: "Nothing in chapter 92, Laws of 2000 is intended
to create a legal right or cause of action. Nothing in chapter 92, Laws of
2000 is intended to deny or alter any existing legal right or cause of action.
Nothing in chapter 92, Laws of 2000 should be interpreted to deny postconviction DNA testing requests under existing law by convicted and incarcerated persons who were sentenced to confinement for a term less than life or
the death penalty." [2000 c 92 § 4.]
10.73.900 Severability—1989 c 395. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 395 § 7.]
10.73.900
Chapter 10.77 RCW
CRIMINALLY INSANE—PROCEDURES
Chapter 10.77
Sections
10.77.010
10.77.020
10.77.025
10.77.027
10.77.030
10.77.040
10.77.050
10.77.060
10.77.065
10.77.070
10.77.080
10.77.084
10.77.086
10.77.088
10.77.091
10.77.092
10.77.093
10.77.095
10.77.097
10.77.100
10.77.110
10.77.120
10.77.140
10.77.145
Definitions.
Rights of person under this chapter.
Maximum term of commitment or treatment.
Eligible for commitment regardless of cause.
Establishing insanity as a defense.
Instructions to jury on special verdict.
Mental incapacity as bar to proceedings.
Plea of not guilty due to insanity—Doubt as to competency—
Examination—Bail—Report.
Mental condition evaluations—Reports and recommendations
required.
Examination rights of defendant’s expert or professional person.
Motion for acquittal on grounds of insanity—Hearing—Findings.
Stay of proceedings—Findings—Evaluation, treatment—Restoration of competency—Commitment—Other procedures.
Commitment—Procedure in felony charge.
Placement—Procedure in nonfelony charge.
Placement—Secure facility—Treatment and rights—Custody—Reports.
Involuntary medication—Serious offenses.
Involuntary medication—Civil commitment.
Findings—Developmental disabilities.
Records and reports accompany defendant upon transfer.
Experts or professional persons as witnesses.
Acquittal of crime.
Care and treatment of committed person—Hearings—
Release.
Periodic examinations—Developmentally disabled—
Reports—Notice to court.
Authorization to leave facility where person is confined prohibited—Exceptions—Approval by secretary—Notification
to county or city law enforcement agency.
[Title 10 RCW—page 46]
10.77.150
10.77.155
10.77.160
10.77.163
10.77.165
10.77.170
10.77.180
10.77.190
10.77.195
10.77.200
10.77.205
10.77.207
10.77.210
10.77.2101
10.77.220
10.77.230
10.77.240
10.77.250
10.77.260
10.77.270
10.77.900
10.77.910
10.77.920
10.77.930
10.77.940
10.77.950
Conditional release—Application—Secretary’s recommendation—Order—Procedure.
Conditional release, furlough—Secretary’s recommendation.
Conditional release—Reports.
Furlough—Notice—Temporary restraining order.
Escape or disappearance—Notification requirements.
Payments to conditionally released persons.
Conditional release—Periodic review of case.
Conditional release—Revocation or modification of terms—
Procedure.
Conditional release—Court approval—Compliance—Secretary to coordinate with designated treatment providers,
department of corrections staff, and local law enforcement—
Rules.
Release—Procedure.
Sexual or violent offenders—Notice of release, escape, etc.—
Definitions.
Persons acquitted of sex offense due to insanity—Release of
information authorized.
Right to adequate care and treatment—Records and reports.
Implementation of legislative intent.
Incarceration in correctional institution or facility prohibited—Exceptions.
Appellate review.
Existing rights not affected.
Responsibility for costs—Reimbursement.
Violent act—Presumptions.
Independent public safety review panel—Members—Secretary to submit recommendation—Access to records—Support, rules—Report.
Savings—Construction—1973 1st ex.s. c 117.
Severability—1973 1st ex.s. c 117.
Chapter successor to chapter 10.76 RCW.
Effective date—1973 1st ex.s. c 117.
Equal application of 1989 c 420—Evaluation for developmental disability.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Rules of court: Cf. CrR 4.2(c).
Individuals with mental illness, commitment: Chapter 71.05 RCW.
Protocols required: RCW 71.05.214.
10.77.010 Definitions. As used in this chapter:
(1) "Admission" means acceptance based on medical
necessity, of a person as a patient.
(2) "Commitment" means the determination by a court
that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less-restrictive
setting.
(3) "Conditional release" means modification of a courtordered commitment, which may be revoked upon violation
of any of its terms.
(4) A "criminally insane" person means any person who
has been acquitted of a crime charged by reason of insanity,
and thereupon found to be a substantial danger to other persons or to present a substantial likelihood of committing
criminal acts jeopardizing public safety or security unless
kept under further control by the court or other persons or
institutions.
(5) "Department" means the state department of social
and health services.
(6) "Designated mental health professional" has the same
meaning as provided in RCW 71.05.020.
(7) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter, pending evaluation.
(8) "Developmental disabilities professional" means a
person who has specialized training and three years of experience in directly treating or working with persons with
developmental disabilities and is a psychiatrist or psychologist, or a social worker, and such other developmental dis10.77.010
(2010 Ed.)
Criminally Insane—Procedures
abilities professionals as may be defined by rules adopted by
the secretary.
(9) "Developmental disability" means the condition as
defined in RCW 71A.10.020(3).
(10) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order.
(11) "Furlough" means an authorized leave of absence
for a resident of a state institution operated by the department
designated for the custody, care, and treatment of the criminally insane, consistent with an order of conditional release
from the court under this chapter, without any requirement
that the resident be accompanied by, or be in the custody of,
any law enforcement or institutional staff, while on such
unescorted leave.
(12) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and
maintaining life skills and in raising their levels of physical,
mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person
being assisted as manifested by prior charged criminal conduct.
(13) "History of one or more violent acts" means violent
acts committed during: (a) The ten-year period of time prior
to the filing of criminal charges; plus (b) the amount of time
equal to time spent during the ten-year period in a mental
health facility or in confinement as a result of a criminal conviction.
(14) "Immediate family member" means a spouse, child,
stepchild, parent, stepparent, grandparent, sibling, or domestic partner.
(15) "Incompetency" means a person lacks the capacity
to understand the nature of the proceedings against him or her
or to assist in his or her own defense as a result of mental disease or defect.
(16) "Indigent" means any person who is financially
unable to obtain counsel or other necessary expert or professional services without causing substantial hardship to the
person or his or her family.
(17) "Individualized service plan" means a plan prepared
by a developmental disabilities professional with other professionals as a team, for an individual with developmental
disabilities, which shall state:
(a) The nature of the person’s specific problems, prior
charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve
the purposes of habilitation;
(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to
achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and
due consideration for public safety, the criteria for proposed
movement to less-restrictive settings, criteria for proposed
eventual release, and a projected possible date for release;
and
(g) The type of residence immediately anticipated for the
person and possible future types of residences.
(2010 Ed.)
10.77.010
(18) "Professional person" means:
(a) A psychiatrist licensed as a physician and surgeon in
this state who has, in addition, completed three years of graduate training in psychiatry in a program approved by the
American medical association or the American osteopathic
association and is certified or eligible to be certified by the
American board of psychiatry and neurology or the American
osteopathic board of neurology and psychiatry;
(b) A psychologist licensed as a psychologist pursuant to
chapter 18.83 RCW; or
(c) A social worker with a master’s or further advanced
degree from an accredited school of social work or a degree
deemed equivalent under rules adopted by the secretary.
(19) "Registration records" include all the records of the
department, regional support networks, treatment facilities,
and other persons providing services to the department,
county departments, or facilities which identify persons who
are receiving or who at any time have received services for
mental illness.
(20) "Release" means legal termination of the courtordered commitment under the provisions of this chapter.
(21) "Secretary" means the secretary of the department
of social and health services or his or her designee.
(22) "Treatment" means any currently standardized medical or mental health procedure including medication.
(23) "Treatment records" include registration and all
other records concerning persons who are receiving or who at
any time have received services for mental illness, which are
maintained by the department, by regional support networks
and their staffs, and by treatment facilities. Treatment
records do not include notes or records maintained for personal use by a person providing treatment services for the
department, regional support networks, or a treatment facility
if the notes or records are not available to others.
(24) "Violent act" means behavior that: (a)(i) Resulted
in; (ii) if completed as intended would have resulted in; or
(iii) was threatened to be carried out by a person who had the
intent and opportunity to carry out the threat and would have
resulted in, homicide, nonfatal injuries, or substantial damage
to property; or (b) recklessly creates an immediate risk of
serious physical injury to another person. As used in this subsection, "nonfatal injuries" means physical pain or injury, illness, or an impairment of physical condition. "Nonfatal injuries" shall be construed to be consistent with the definition of
"bodily injury," as defined in RCW 9A.04.110. [2010 c 262
§ 2; 2005 c 504 § 106; 2004 c 157 § 2; 2000 c 94 § 12. Prior:
1999 c 143 § 49; 1999 c 13 § 2; 1998 c 297 § 29; 1993 c 31 §
4; 1989 c 420 § 3; 1983 c 122 § 1; 1974 ex.s. c 198 § 1; 1973
1st ex.s. c 117 § 1.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
Findings—Intent—2004 c 157: "The legislature finds that recent state
and federal case law requires clarification of state statutes with regard to
competency evaluations and involuntary medication ordered in the context
of competency restoration.
The legislature finds that the court in Born v. Thompson, 117 Wn. App.
57 (2003) interpreted the term "nonfatal injuries" in a manner that conflicts
with the stated intent of the legislature to: "(1) Clarify that it is the nature of
a person’s current conduct, current mental condition, history, and likelihood
of committing future acts that pose a threat to public safety or himself or her[Title 10 RCW—page 47]
10.77.020
Title 10 RCW: Criminal Procedure
self, rather than simple categorization of offenses, that should determine
treatment procedures and level; ... and (3) provide additional opportunities
for mental health treatment for persons whose conduct threatens himself or
herself or threatens public safety and has led to contact with the criminal justice system" as stated in section 1, chapter 297, Laws of 1998. Consequently, the legislature intends to clarify that it intended "nonfatal injuries"
to be interpreted in a manner consistent with the purposes of the competency
restoration statutes.
The legislature also finds that the decision in Sell v. United States,
___U.S. ____ (2003), requires a determination whether a particular criminal
offense is "serious" in the context of competency restoration and the state’s
duty to protect the public. The legislature further finds that, in order to adequately protect the public and in order to provide additional opportunities for
mental health treatment for persons whose conduct threatens themselves or
threatens public safety and has led to contact with the criminal justice system
in the state, the determination of those criminal offenses that are "serious"
offenses must be made consistently throughout the state. In order to facilitate this consistency, the legislature intends to determine those offenses that
are serious in every case as well as the standards by which other offenses
may be determined to be serious. The legislature also intends to clarify that
a court may, to the extent permitted by federal law and required by the Sell
decision, inquire into the civil commitment status of a defendant and may be
told, if known." [2004 c 157 § 1.]
Severability—2004 c 157: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2004 c 157 § 7.]
Effective date—2004 c 157: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 26, 2004]." [2004 c 157 § 8.]
Purpose—Construction—1999 c 13: "The purpose of this act is to
make technical nonsubstantive changes to chapters 10.77 and 71.05 RCW.
No provision of this act shall be construed as a substantive change in the provisions dealing with persons charged with crimes who are subject to evaluation under chapter 10.77 or 71.05 RCW." [1999 c 13 § 1.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Additional notes found at www.leg.wa.gov
10.77.020 Rights of person under this chapter. (1) At
any and all stages of the proceedings pursuant to this chapter,
any person subject to the provisions of this chapter shall be
entitled to the assistance of counsel, and if the person is indigent the court shall appoint counsel to assist him or her. A
person may waive his or her right to counsel; but such waiver
shall only be effective if a court makes a specific finding that
he or she is or was competent to so waive. In making such
findings, the court shall be guided but not limited by the following standards: Whether the person attempting to waive
the assistance of counsel, does so understanding:
(a) The nature of the charges;
(b) The statutory offense included within them;
(c) The range of allowable punishments thereunder;
(d) Possible defenses to the charges and circumstances in
mitigation thereof; and
(e) All other facts essential to a broad understanding of
the whole matter.
(2) Whenever any person is subjected to an examination
pursuant to any provision of this chapter, he or she may retain
an expert or professional person to perform an examination in
his or her behalf. In the case of a person who is indigent, the
court shall upon his or her request assist the person in obtaining an expert or professional person to perform an examination or participate in the hearing on his or her behalf. An
expert or professional person obtained by an indigent person
pursuant to the provisions of this chapter shall be compen10.77.020
[Title 10 RCW—page 48]
sated for his or her services out of funds of the department, in
an amount determined by the secretary to be fair and reasonable.
(3) Any time the defendant is being examined by court
appointed experts or professional persons pursuant to the provisions of this chapter, the defendant shall be entitled to have
his or her attorney present.
(4) In a competency evaluation conducted under this
chapter, the defendant may refuse to answer any question if
he or she believes his or her answers may tend to incriminate
him or her or form links leading to evidence of an incriminating nature.
(5) In a sanity evaluation conducted under this chapter, if
a defendant refuses to answer questions or to participate in an
examination conducted in response to the defendant’s assertion of an insanity defense, the court shall exclude from evidence at trial any testimony or evidence from any expert or
professional person obtained or retained by the defendant.
[2006 c 109 § 1; 1998 c 297 § 30; 1993 c 31 § 5; 1974 ex.s. c
198 § 2; 1973 1st ex.s. c 117 § 2.]
Application—2006 c 109: "This act applies to all examinations performed on or after June 7, 2006." [2006 c 109 § 2.]
Severability—2006 c 109: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2006 c 109 § 3.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
10.77.025 Maximum term of commitment or treatment. (1) Whenever any person has been: (a) Committed to
a correctional facility or inpatient treatment under any provision of this chapter; or (b) ordered to undergo alternative
treatment following his or her acquittal by reason of insanity
of a crime charged, such commitment or treatment cannot
exceed the maximum possible penal sentence for any offense
charged for which the person was committed, or was acquitted by reason of insanity.
(2) Whenever any person committed under any provision of this chapter has not been released within seven days
of the maximum possible penal sentence under subsection (1)
of this section, and the professional person in charge of the
facility believes that the person presents a likelihood of serious harm or is gravely disabled due to a mental disorder, the
professional person shall, prior to the expiration of the maximum penal sentence, notify the appropriate *county designated mental health professional of the impending expiration
and provide a copy of all relevant information regarding the
person, including the likely release date and shall indicate
why the person should not be released.
(3) A *county designated mental health professional
who receives notice and records under subsection (2) of this
section shall, prior to the date of the expiration of the maximum sentence, determine whether to initiate proceedings
under chapter 71.05 RCW. [2000 c 94 § 13; 1998 c 297 §
31.]
10.77.025
*Reviser’s note: The term "county designated mental health professional" as defined in RCW 10.77.010 was changed to "designated mental
health professional" by 2005 c 504 § 106.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
(2010 Ed.)
Criminally Insane—Procedures
10.77.027 Eligible for commitment regardless of
cause. When a *county designated mental health professional or a professional person has determined that a person
has a mental disorder, and is otherwise committable, the
cause of the person’s mental disorder shall not make the person ineligible for commitment under chapter 71.05 RCW.
[2004 c 166 § 3.]
10.77.027
*Reviser’s note: The term "county designated mental health professional" as defined in RCW 10.77.010 was changed to "designated mental
health professional" by 2005 c 504 § 106.
Severability—Effective dates—2004 c 166: See notes following
RCW 71.05.040.
10.77.030 Establishing insanity as a defense. (1) Evidence of insanity is not admissible unless the defendant, at
the time of arraignment or within ten days thereafter or at
such later time as the court may for good cause permit, files a
written notice of his or her intent to rely on such a defense.
(2) Insanity is a defense which the defendant must establish by a preponderance of the evidence.
(3) No condition of mind proximately induced by the
voluntary act of a person charged with a crime shall constitute insanity. [1998 c 297 § 32; 1974 ex.s. c 198 § 3; 1973 1st
ex.s. c 117 § 3.]
10.77.030
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
10.77.040 Instructions to jury on special verdict.
Whenever the issue of insanity is submitted to the jury, the
court shall instruct the jury to return a special verdict in substantially the following form:
10.77.040
answer
yes or no
1.
2.
3.
4.
5.
Did the defendant commit the act
charged?
If your answer to number 1 is yes, do
you acquit him or her because of
insanity existing at the time of the
act charged?
If your answer to number 2 is yes, is
the defendant a substantial danger to
other persons unless kept under further control by the court or other persons or institutions?
If your answer to number 2 is yes,
does the defendant present a substantial likelihood of committing
criminal acts jeopardizing public
safety or security unless kept under
further control by the court or other
persons or institutions?
If your answers to either number 3 or
number 4 is yes, is it in the best
interests of the defendant and others
that the defendant be placed in treatment that is less restrictive than
detention in a state mental hospital?
.....
.....
.....
.....
.....
[1998 c 297 § 33; 1974 ex.s. c 198 § 4; 1973 1st ex.s. c 117 §
4.]
(2010 Ed.)
10.77.060
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
10.77.050
10.77.050 Mental incapacity as bar to proceedings.
No incompetent person shall be tried, convicted, or sentenced
for the commission of an offense so long as such incapacity
continues. [1974 ex.s. c 198 § 5; 1973 1st ex.s. c 117 § 5.]
10.77.060
10.77.060 Plea of not guilty due to insanity—Doubt
as to competency—Examination—Bail—Report. (1)(a)
Whenever a defendant has pleaded not guilty by reason of
insanity, or there is reason to doubt his or her competency,
the court on its own motion or on the motion of any party
shall either appoint or request the secretary to designate at
least two qualified experts or professional persons, one of
whom shall be approved by the prosecuting attorney, to
examine and report upon the mental condition of the defendant. The signed order of the court shall serve as authority
for the experts to be given access to all records held by any
mental health, medical, educational, or correctional facility
that relate to the present or past mental, emotional, or physical condition of the defendant. At least one of the experts or
professional persons appointed shall be a developmental disabilities professional if the court is advised by any party that
the defendant may be developmentally disabled. Upon
agreement of the parties, the court may designate one expert
or professional person to conduct the examination and report
on the mental condition of the defendant. For purposes of the
examination, the court may order the defendant committed to
a hospital or other suitably secure public or private mental
health facility for a period of time necessary to complete the
examination, but not to exceed fifteen days from the time of
admission to the facility. If the defendant is being held in jail
or other detention facility, upon agreement of the parties, the
court may direct that the examination be conducted at the jail
or other detention facility.
(b) When a defendant is ordered to be committed for
inpatient examination under this subsection (1), the court
may delay granting bail until the defendant has been evaluated for competency or sanity and appears before the court.
Following the evaluation, in determining bail the court shall
consider: (i) Recommendations of the expert or professional
persons regarding the defendant’s competency, sanity, or
diminished capacity; (ii) whether the defendant has a recent
history of one or more violent acts; (iii) whether the defendant has previously been acquitted by reason of insanity or
found incompetent; (iv) whether it is reasonably likely the
defendant will fail to appear for a future court hearing; and
(v) whether the defendant is a threat to public safety.
(2) The court may direct that a qualified expert or professional person retained by or appointed for the defendant be
permitted to witness the examination authorized by subsection (1) of this section, and that the defendant shall have
access to all information obtained by the court appointed
experts or professional persons. The defendant’s expert or
professional person shall have the right to file his or her own
report following the guidelines of subsection (3) of this section. If the defendant is indigent, the court shall upon the
request of the defendant assist him or her in obtaining an
expert or professional person.
[Title 10 RCW—page 49]
10.77.065
Title 10 RCW: Criminal Procedure
(3) The report of the examination shall include the following:
(a) A description of the nature of the examination;
(b) A diagnosis of the mental condition of the defendant;
(c) If the defendant suffers from a mental disease or
defect, or is developmentally disabled, an opinion as to competency;
(d) If the defendant has indicated his or her intention to
rely on the defense of insanity pursuant to RCW 10.77.030,
an opinion as to the defendant’s sanity at the time of the act;
(e) When directed by the court, an opinion as to the
capacity of the defendant to have a particular state of mind
which is an element of the offense charged;
(f) An opinion as to whether the defendant should be
evaluated by a *county designated mental health professional
under chapter 71.05 RCW, and an opinion as to whether the
defendant is a substantial danger to other persons, or presents
a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further
control by the court or other persons or institutions.
(4) The secretary may execute such agreements as appropriate and necessary to implement this section. [2004 c 9 § 1;
2000 c 74 § 1; 1998 c 297 § 34; 1989 c 420 § 4; 1974 ex.s. c
198 § 6; 1973 1st ex.s. c 117 § 6.]
*Reviser’s note: The term "county designated mental health professional" as defined in RCW 10.77.010 was changed to "designated mental
health professional" by 2005 c 504 § 106.
Severability—2000 c 74: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2000 c 74 § 8.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
10.77.065 Mental condition evaluations—Reports
and recommendations required. (1)(a)(i) The facility conducting the evaluation shall provide its report and recommendation to the court in which the criminal proceeding is pending. A copy of the report and recommendation shall be provided to the designated mental health professional, the
prosecuting attorney, the defense attorney, and the professional person at the local correctional facility where the
defendant is being held, or if there is no professional person,
to the person designated under (a)(ii) of this subsection.
Upon request, the facility shall also provide copies of any
source documents relevant to the evaluation to the designated
mental health professional. The report and recommendation
shall be provided not less than twenty-four hours preceding
the transfer of the defendant to the correctional facility in the
county in which the criminal proceeding is pending.
(ii) If there is no professional person at the local correctional facility, the local correctional facility shall designate a
professional person as defined in RCW 71.05.020 or, in
cooperation with the regional support network, a professional
person at the regional support network to receive the report
and recommendation.
(iii) When a defendant is transferred to the facility conducting the evaluation, or upon commencement of a defendant’s evaluation in the local correctional facility, the local
correctional facility must notify the evaluator or the facility
conducting the evaluation of the name of the professional
person, or person designated under (a)(ii) of this subsection
to receive the report and recommendation.
(b) If the facility concludes, under RCW 10.77.060(3)(f),
the person should be kept under further control, an evaluation
shall be conducted of such person under chapter 71.05 RCW.
The court shall order an evaluation be conducted by the
appropriate designated mental health professional: (i) Prior
to release from confinement for such person who is convicted, if sentenced to confinement for twenty-four months or
less; (ii) for any person who is acquitted; or (iii) for any person: (A) Whose charges are dismissed pursuant to RCW
10.77.086(4); or (B) whose nonfelony charges are dismissed.
(2) The designated mental health professional shall provide written notification within twenty-four hours of the
results of the determination whether to commence proceedings under chapter 71.05 RCW. The notification shall be provided to the persons identified in subsection (1)(a) of this section.
(3) The prosecuting attorney shall provide a copy of the
results of any proceedings commenced by the designated
mental health professional under subsection (2) of this section to the facility conducting the evaluation under this chapter.
(4) The fact of admission and all information and records
compiled, obtained, or maintained in the course of providing
services under this chapter may also be disclosed to the courts
solely to prevent the entry of any evaluation or treatment
order that is inconsistent with any order entered under chapter 71.05 RCW. [2008 c 213 § 1; 2000 c 74 § 2; 1998 c 297
§ 35.]
Severability—2000 c 74: See note following RCW 10.77.060.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
10.77.065
[Title 10 RCW—page 50]
10.77.070 Examination rights of defendant’s expert
or professional person. When the defendant wishes to be
examined by a qualified expert or professional person of his
or her own choice such examiner shall be permitted to have
reasonable access to the defendant for the purpose of such
examination, as well as to all relevant medical and psychological records and reports. [1998 c 297 § 36; 1973 1st ex.s.
c 117 § 7.]
10.77.070
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
10.77.080 Motion for acquittal on grounds of insanity—Hearing—Findings. The defendant may move the
court for a judgment of acquittal on the grounds of insanity:
PROVIDED, That a defendant so acquitted may not later
contest the validity of his or her detention on the grounds that
he or she did not commit the acts charged. At the hearing
upon the motion the defendant shall have the burden of proving by a preponderance of the evidence that he or she was
insane at the time of the offense or offenses with which he or
she is charged. If the court finds that the defendant should be
acquitted by reason of insanity, it shall enter specific findings
in substantially the same form as set forth in RCW 10.77.040.
If the motion is denied, the question may be submitted to the
trier of fact in the same manner as other issues of fact. [1998
c 297 § 37; 1974 ex.s. c 198 § 7; 1973 1st ex.s. c 117 § 8.]
10.77.080
(2010 Ed.)
Criminally Insane—Procedures
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
10.77.084 Stay of proceedings—Findings—Evaluation, treatment—Restoration of competency—Commitment—Other procedures. (1)(a) If at any time during the
pendency of an action and prior to judgment the court finds,
following a report as provided in RCW 10.77.060, a defendant is incompetent, the court shall order the proceedings
against the defendant be stayed except as provided in subsection (4) of this section.
(b) A defendant found incompetent shall be evaluated at
the direction of the secretary and a determination made
whether the defendant is an individual with a developmental
disability. Such evaluation and determination shall be
accomplished as soon as possible following the court’s placement of the defendant in the custody of the secretary.
(i) When appropriate, and subject to available funds, if
the defendant is determined to be an individual with a developmental disability, he or she may be placed in a program
specifically reserved for the treatment and training of persons
with developmental disabilities where the defendant shall
have the right to habilitation according to an individualized
service plan specifically developed for the particular needs of
the defendant. A copy of the evaluation shall be sent to the
program.
(A) The program shall be separate from programs serving persons involved in any other treatment or habilitation
program.
(B) The program shall be appropriately secure under the
circumstances and shall be administered by developmental
disabilities professionals who shall direct the habilitation
efforts.
(C) The program shall provide an environment affording
security appropriate with the charged criminal behavior and
necessary to protect the public safety.
(ii) The department may limit admissions of such persons to this specialized program in order to ensure that expenditures for services do not exceed amounts appropriated by
the legislature and allocated by the department for such services.
(iii) The department may establish admission priorities
in the event that the number of eligible persons exceeds the
limits set by the department.
(c) At the end of the mental health treatment and restoration period, or at any time a professional person determines
competency has been, or is unlikely to be, restored, the defendant shall be returned to court for a hearing. If, after notice
and hearing, competency has been restored, the stay entered
under (a) of this subsection shall be lifted. If competency has
not been restored, the proceedings shall be dismissed. If the
court concludes that competency has not been restored, but
that further treatment within the time limits established by
RCW 10.77.086 or 10.77.088 is likely to restore competency,
the court may order that treatment for purposes of competency restoration be continued. Such treatment may not
extend beyond the combination of time provided for in RCW
10.77.086 or 10.77.088.
(d) If at any time during the proceeding the court finds,
following notice and hearing, a defendant is not likely to
regain competency, the proceedings shall be dismissed and
10.77.084
(2010 Ed.)
10.77.086
the defendant shall be evaluated for civil commitment proceedings.
(2) If the defendant is referred to the designated mental
health professional for consideration of initial detention proceedings under chapter 71.05 RCW pursuant to this chapter,
the designated mental health professional shall provide
prompt written notification of the results of the determination
whether to commence initial detention proceedings under
chapter 71.05 RCW and whether the person was detained.
The notification shall be provided to the court in which the
criminal action was pending, the prosecutor, the defense
attorney in the criminal action, and the facility that evaluated
the defendant for competency.
(3) The fact that the defendant is unfit to proceed does
not preclude any pretrial proceedings which do not require
the personal participation of the defendant.
(4) A defendant receiving medication for either physical
or mental problems shall not be prohibited from standing
trial, if the medication either enables the defendant to understand the proceedings against him or her and to assist in his or
her own defense, or does not disable him or her from so
understanding and assisting in his or her own defense.
(5) At or before the conclusion of any commitment
period provided for by this section, the facility providing
evaluation and treatment shall provide to the court a written
report of examination which meets the requirements of RCW
10.77.060(3). [2007 c 375 § 3.]
Findings—Purpose—Construction—Severability—2007 c 375: See
notes following RCW 10.31.110.
Captions not law—2007 c 375: "Captions used in this act are not any
part of the law." [2007 c 375 § 19.]
10.77.086 Commitment—Procedure in felony
charge. (1) If the defendant is charged with a felony and
determined to be incompetent, until he or she has regained
the competency necessary to understand the proceedings
against him or her and assist in his or her own defense, or has
been determined unlikely to regain competency pursuant to
RCW 10.77.084(1)(c), but in any event for a period of no
longer than ninety days, the court:
(a) Shall commit the defendant to the custody of the secretary who shall place such defendant in an appropriate facility of the department for evaluation and treatment; or
(b) May alternatively order the defendant to undergo
evaluation and treatment at some other facility as determined
by the department, or under the guidance and control of a professional person.
(2) On or before expiration of the initial ninety-day
period of commitment under subsection (1) of this section the
court shall conduct a hearing, at which it shall determine
whether or not the defendant is incompetent.
(3) If the court finds by a preponderance of the evidence
that a defendant charged with a felony is incompetent, the
court shall have the option of extending the order of commitment or alternative treatment for an additional ninety-day
period, but the court must at the time of extension set a date
for a prompt hearing to determine the defendant’s competency before the expiration of the second ninety-day period.
The defendant, the defendant’s attorney, or the prosecutor
has the right to demand that the hearing be before a jury. No
extension shall be ordered for a second ninety-day period, nor
10.77.086
[Title 10 RCW—page 51]
10.77.088
Title 10 RCW: Criminal Procedure
for any subsequent period as provided in subsection (4) of
this section, if the defendant’s incompetence has been determined by the secretary to be solely the result of a developmental disability which is such that competence is not reasonably likely to be regained during an extension.
(4) For persons charged with a felony, at the hearing
upon the expiration of the second ninety-day period or at the
end of the first ninety-day period, in the case of a defendant
with a developmental disability, if the jury or court finds that
the defendant is incompetent, the charges shall be dismissed
without prejudice, and either civil commitment proceedings
shall be instituted or the court shall order the release of the
defendant. The criminal charges shall not be dismissed if the
court or jury finds that: (a) The defendant (i) is a substantial
danger to other persons; or (ii) presents a substantial likelihood of committing criminal acts jeopardizing public safety
or security; and (b) there is a substantial probability that the
defendant will regain competency within a reasonable period
of time. In the event that the court or jury makes such a finding, the court may extend the period of commitment for up to
an additional six months. [2007 c 375 § 4.]
Findings—Purpose—Construction—Severability—2007 c 375: See
notes following RCW 10.31.110.
Captions not law—2007 c 375: See note following RCW 10.77.084.
10.77.088 Placement—Procedure in nonfelony
charge. (1)(a) If the defendant is charged with a nonfelony
crime which is a serious offense as identified in RCW
10.77.092 and found by the court to be not competent, then
the court shall order the secretary to place the defendant:
(i) At a secure mental health facility in the custody of the
department or an agency designated by the department for
mental health treatment and restoration of competency. The
placement shall not exceed fourteen days in addition to any
unused time of the evaluation under RCW 10.77.060. The
court shall compute this total period and include its computation in the order. The fourteen-day period plus any unused
time of the evaluation under RCW 10.77.060 shall be considered to include only the time the defendant is actually at the
facility and shall be in addition to reasonable time for transport to or from the facility;
(ii) On conditional release for up to ninety days for mental health treatment and restoration of competency; or
(iii) Any combination of this subsection.
(b)(i) If the proceedings are dismissed under RCW
10.77.084 and the defendant was on conditional release at the
time of dismissal, the court shall order the designated mental
health professional within that county to evaluate the defendant pursuant to chapter 71.05 RCW. The evaluation may be
conducted in any location chosen by the professional.
(ii) If the defendant was in custody and not on conditional release at the time of dismissal, the defendant shall be
detained and sent to an evaluation and treatment facility for
up to seventy-two hours, excluding Saturdays, Sundays, and
holidays, for evaluation for purposes of filing a petition under
chapter 71.05 RCW. The seventy-two-hour period shall
commence upon the next nonholiday weekday following the
court order and shall run to the end of the last nonholiday
weekday within the seventy-two-hour period.
(2) If the defendant is charged with a nonfelony crime
that is not a serious offense as defined in RCW 10.77.092:
10.77.088
[Title 10 RCW—page 52]
The court may stay or dismiss proceedings and detain the
defendant for sufficient time to allow the designated mental
health professional to evaluate the defendant and consider
initial detention proceedings under chapter 71.05 RCW. The
court must give notice to all parties at least twenty-four hours
before the dismissal of any proceeding under this subsection,
and provide an opportunity for a hearing on whether to dismiss the proceedings. [2007 c 375 § 5.]
Findings—Purpose—Construction—Severability—2007 c 375: See
notes following RCW 10.31.110.
Captions not law—2007 c 375: See note following RCW 10.77.084.
10.77.091 Placement—Secure facility—Treatment
and rights—Custody—Reports. (Expires June 30, 2015.)
(1) If the secretary determines in writing that a person committed to the custody of the secretary for treatment as criminally insane presents an unreasonable safety risk which,
based on behavior, clinical history, and facility security is not
manageable in a state hospital setting, the secretary may
place the person in any secure facility operated by the secretary or the secretary of the department of corrections. Any
person affected by this provision shall receive appropriate
mental health treatment governed by a formalized treatment
plan targeted at mental health rehabilitation needs and shall
be afforded his or her rights under RCW 10.77.140,
10.77.150, and 10.77.200. The secretary of the department of
social and health services shall retain legal custody of any
person placed under this section and review any placement
outside of a department mental health hospital every three
months, or sooner if warranted by the person’s mental health
status, to determine if the placement remains appropriate.
(2) Beginning December 1, 2010, and every six months
thereafter, the secretary shall report to the governor and the
appropriate committees of the legislature regarding the use of
the authority under this section to transfer persons to a secure
facility. The report shall include information related to the
number of persons who have been placed in a secure facility
operated by the secretary or the secretary of the department of
corrections, and the length of time that each such person has
been in the secure facility.
(3) This section expires June 30, 2015. [2010 c 263 § 2.]
10.77.091
10.77.092 Involuntary medication—Serious offenses.
(1) For purposes of determining whether a court may authorize involuntary medication for the purpose of competency
restoration pursuant to RCW 10.77.084, a pending charge
involving any one or more of the following crimes is a serious offense per se in the context of competency restoration:
(a) Any violent offense, sex offense, serious traffic
offense, and most serious offense, as those terms are defined
in RCW 9.94A.030;
(b) Any offense, except nonfelony counterfeiting
offenses, included in crimes against persons in RCW
9.94A.411;
(c) Any offense contained in chapter 9.41 RCW (firearms and dangerous weapons);
(d) Any offense listed as domestic violence in RCW
10.99.020;
(e) Any offense listed as a harassment offense in chapter
9A.46 RCW;
10.77.092
(2010 Ed.)
Criminally Insane—Procedures
(f) Any violation of chapter 69.50 RCW that is a class B
felony; or
(g) Any city or county ordinance or statute that is equivalent to an offense referenced in this subsection.
(2)(a) In a particular case, a court may determine that a
pending charge not otherwise defined as serious by state or
federal law or by a city or county ordinance is, nevertheless,
a serious offense within the context of competency restoration treatment when the conduct in the charged offense falls
within the standards established in (b) of this subsection.
(b) To determine that the particular case is a serious
offense within the context of competency restoration, the
court must consider the following factors and determine that
one or more of the following factors creates a situation in
which the offense is serious:
(i) The charge includes an allegation that the defendant
actually inflicted bodily or emotional harm on another person
or that the defendant created a reasonable apprehension of
bodily or emotional harm to another;
(ii) The extent of the impact of the alleged offense on the
basic human need for security of the citizens within the jurisdiction;
(iii) The number and nature of related charges pending
against the defendant;
(iv) The length of potential confinement if the defendant
is convicted; and
(v) The number of potential and actual victims or persons impacted by the defendant’s alleged acts. [2008 c 213 §
2; 2004 c 157 § 3.]
Findings—Intent—Severability—Effective date—2004 c 157: See
notes following RCW 10.77.010.
10.77.110
sons who are developmentally disabled because the services
provided in mental institutions are oriented to persons with
mental illness, a condition not necessarily associated with
developmental disabilities. Therefore, the legislature believes
that, where appropriate, and subject to available funds, persons with developmental disabilities who have been charged
with crimes that involve a threat to public safety or security
and have been found incompetent to stand trial or not guilty
by reason of insanity should receive state services addressing
their needs, that such services must be provided in conformance with an individual habilitation plan, and that their initial
treatment should be separate and discrete from treatment for
persons involved in any other treatment or habilitation program in a manner consistent with the needs of public safety.
[1998 c 297 § 28; 1989 c 420 § 1. Formerly RCW 10.77.005.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
10.77.097 Records and reports accompany defendant
upon transfer. A copy of relevant records and reports as
defined by the department, in consultation with the department of corrections, made pursuant to this chapter, and
including relevant information necessary to meet the requirements of RCW 10.77.065(1) and 10.77.084, shall accompany
the defendant upon transfer to a mental health facility or a
correctional institution or facility. [2008 c 213 § 3; 2000 c 74
§ 4; 1998 c 297 § 47.]
10.77.097
Severability—2000 c 74: See note following RCW 10.77.060.
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
10.77.100 Experts or professional persons as witnesses. Subject to the rules of evidence, experts or professional persons who have reported pursuant to this chapter
may be called as witnesses at any proceeding held pursuant to
this chapter. Both the prosecution and the defendant may
summon any other qualified expert or professional persons to
testify. [1974 ex.s. c 198 § 9; 1973 1st ex.s. c 117 § 10.]
10.77.100
10.77.093 Involuntary medication—Civil commitment. When the court must make a determination whether to
order involuntary medications for the purpose of competency
restoration or for maintenance of competency, the court shall
inquire, and shall be told, and to the extent that the prosecutor
or defense attorney is aware, whether the defendant is the
subject of a pending civil commitment proceeding or has
been ordered into involuntary treatment pursuant to a civil
commitment proceeding. [2004 c 157 § 4.]
10.77.093
Findings—Intent—Severability—Effective date—2004 c 157: See
notes following RCW 10.77.010.
10.77.095 Findings—Developmental disabilities. The
legislature finds that among those persons who endanger the
safety of others by committing crimes are a small number of
persons with developmental disabilities. While their conduct
is not typical of the vast majority of persons with developmental disabilities who are responsible citizens, for their own
welfare and for the safety of others the state may need to
exercise control over those few dangerous individuals who
are developmentally disabled, have been charged with crimes
that involve a threat to public safety or security, and have
been found either incompetent to stand trial or not guilty by
reason of insanity. The legislature finds, however, that the
use of civil commitment procedures under chapter 71.05
RCW to effect state control over dangerous developmentally
disabled persons has resulted in their commitment to institutions for the mentally ill. The legislature finds that existing
programs in mental institutions may be inappropriate for per10.77.095
(2010 Ed.)
10.77.110 Acquittal of crime. (1) If a defendant is
acquitted of a crime by reason of insanity, and it is found that
he or she is not a substantial danger to other persons, and does
not present a substantial likelihood of committing criminal
acts jeopardizing public safety or security, unless kept under
further control by the court or other persons or institutions,
the court shall direct the defendant’s release. If it is found that
such defendant is a substantial danger to other persons, or
presents a substantial likelihood of committing criminal acts
jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions, the
court shall order his or her hospitalization, or any appropriate
alternative treatment less restrictive than detention in a state
mental hospital, pursuant to the terms of this chapter.
(2) If the defendant has been found not guilty by reason
of insanity and a substantial danger, or presents a substantial
likelihood of committing criminal acts jeopardizing public
safety or security, so as to require treatment then the secretary
shall immediately cause the defendant to be evaluated to
ascertain if the defendant is developmentally disabled. When
appropriate, and subject to available funds, the defendant
may be committed to a program specifically reserved for the
10.77.110
[Title 10 RCW—page 53]
10.77.120
Title 10 RCW: Criminal Procedure
treatment and training of developmentally disabled persons.
A person so committed shall receive habilitation services
according to an individualized service plan specifically
developed to treat the behavior which was the subject of the
criminal proceedings. The treatment program shall be administered by developmental disabilities professionals and others
trained specifically in the needs of developmentally disabled
persons. The treatment program shall provide physical security to a degree consistent with the finding that the defendant
is dangerous and may incorporate varying conditions of security and alternative sites when the dangerousness of any particular defendant makes this necessary. The department may
limit admissions to this specialized program in order to
ensure that expenditures for services do not exceed amounts
appropriated by the legislature and allocated by the department for such services. The department may establish admission priorities in the event that the number of eligible persons
exceeds the limits set by the department.
(3) If it is found that such defendant is not a substantial
danger to other persons, and does not present a substantial
likelihood of committing criminal acts jeopardizing public
safety or security, but that he or she is in need of control by
the court or other persons or institutions, the court shall direct
the defendant’s conditional release. [2000 c 94 § 14; 1998 c
297 § 39; 1989 c 420 § 6; 1983 c 25 § 1; 1979 ex.s. c 215 § 4;
1974 ex.s. c 198 § 10; 1973 1st ex.s. c 117 § 11.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
10.77.120 Care and treatment of committed person—Hearings—Release. (1) The secretary shall provide
adequate care and individualized treatment to persons found
criminally insane at one or several of the state institutions or
facilities under the direction and control of the secretary. In
order that the secretary may adequately determine the nature
of the mental illness or developmental disability of the person
committed as criminally insane, all persons who are committed to the secretary as criminally insane shall be promptly
examined by qualified personnel in order to provide a proper
evaluation and diagnosis of such individual. The examinations of all persons with developmental disabilities committed under this chapter shall be performed by developmental
disabilities professionals. Any person so committed shall not
be released from the control of the secretary except by order
of a court of competent jurisdiction made after a hearing and
judgment of release.
(2) Whenever there is a hearing which the committed
person is entitled to attend, the secretary shall send the person
in the custody of one or more department employees to the
county in which the hearing is to be held at the time the case
is called for trial. During the time the person is absent from
the facility, the person may be confined in a facility designated by and arranged for by the department, but shall at all
times be deemed to be in the custody of the department
employee and provided necessary treatment. If the decision
of the hearing remits the person to custody, the department
employee shall return the person to such institution or facility
designated by the secretary. If the state appeals an order of
release, such appeal shall operate as a stay, and the person
shall remain in custody and be returned to the institution or
facility designated by the secretary until a final decision has
10.77.120
[Title 10 RCW—page 54]
been rendered in the cause. [2010 c 263 § 4; 2000 c 94 § 15;
1989 c 420 § 7; 1974 ex.s. c 198 § 11; 1973 1st ex.s. c 117 §
12.]
10.77.140 Periodic examinations—Developmentally
disabled—Reports—Notice to court. Each person committed to a hospital or other facility or conditionally released
pursuant to this chapter shall have a current examination of
his or her mental condition made by one or more experts or
professional persons at least once every six months. The person may retain, or if the person is indigent and so requests,
the court may appoint a qualified expert or professional person to examine him or her, and such expert or professional
person shall have access to all hospital records concerning
the person. In the case of a committed or conditionally
released person who is developmentally disabled, the expert
shall be a developmental disabilities professional. The secretary, upon receipt of the periodic report, shall provide written
notice to the court of commitment of compliance with the
requirements of this section. [1998 c 297 § 40; 1989 c 420 §
8; 1974 ex.s. c 198 § 12; 1973 1st ex.s. c 117 § 14.]
10.77.140
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
10.77.145 Authorization to leave facility where person is confined prohibited—Exceptions—Approval by
secretary—Notification to county or city law enforcement
agency. (1) No person committed to the custody of the
department for the determination of competency to stand trial
under RCW 10.77.060, the restoration of competency for trial
under RCW 10.77.084, 10.77.086, or 10.77.088, or following
an acquittal by reason of insanity shall be authorized to leave
the facility where the person is confined, except in the following circumstances:
(a) In accordance with conditional release or furlough
authorized by a court;
(b) For necessary medical or legal proceedings not available in the facility where the person is confined;
(c) For visits to the bedside of a member of the person’s
immediate family who is seriously ill; or
(d) For attendance at the funeral of a member of the person’s immediate family.
(2) Unless ordered otherwise by a court, no leave under
subsection (1) of this section shall be authorized unless the
person who is the subject of the authorization is escorted by a
person approved by the secretary. During the authorized
leave, the person approved by the secretary must be in visual
or auditory contact at all times with the person on authorized
leave.
(3) Prior to the authorization of any leave under subsection (1) of this section, the secretary must give notification to
any county or city law enforcement agency having jurisdiction in the location of the leave destination. [2010 c 262 § 1.]
10.77.145
10.77.150 Conditional release—Application—Secretary’s recommendation—Order—Procedure. (1) Persons
examined pursuant to RCW 10.77.140 may make application
to the secretary for conditional release. The secretary shall,
after considering the reports of experts or professional persons conducting the examination pursuant to RCW
10.77.150
(2010 Ed.)
Criminally Insane—Procedures
10.77.140, forward to the court of the county which ordered
the person’s commitment the person’s application for conditional release as well as the secretary’s recommendations
concerning the application and any proposed terms and conditions upon which the secretary reasonably believes the person can be conditionally released. Conditional release may
also contemplate partial release for work, training, or educational purposes.
(2) In instances in which persons examined pursuant to
RCW 10.77.140 have not made application to the secretary
for conditional release, but the secretary, after considering
the reports of experts or professional persons conducting the
examination pursuant to RCW 10.77.140, reasonably
believes the person may be conditionally released, the secretary may submit a recommendation for release to the court of
the county that ordered the person’s commitment. The secretary’s recommendation must include any proposed terms and
conditions upon which the secretary reasonably believes the
person may be conditionally released. Conditional release
may also include partial release for work, training, or educational purposes. Notice of the secretary’s recommendation
under this subsection must be provided to the person for
whom the secretary has made the recommendation for release
and to his or her attorney.
(3)(a) The court of the county which ordered the person’s commitment, upon receipt of an application or recommendation for conditional release with the secretary’s recommendation for conditional release terms and conditions, shall
within thirty days schedule a hearing. The court may schedule a hearing on applications recommended for disapproval
by the secretary.
(b) The prosecuting attorney shall represent the state at
such hearings and shall have the right to have the patient
examined by an expert or professional person of the prosecuting attorney’s choice. If the committed person is indigent,
and he or she so requests, the court shall appoint a qualified
expert or professional person to examine the person on his or
her behalf.
(c) The issue to be determined at such a hearing is
whether or not the person may be released conditionally
without substantial danger to other persons, or substantial
likelihood of committing criminal acts jeopardizing public
safety or security.
(d) The court, after the hearing, shall rule on the secretary’s recommendations, and if it disapproves of conditional
release, may do so only on the basis of substantial evidence.
The court may modify the suggested terms and conditions on
which the person is to be conditionally released. Pursuant to
the determination of the court after hearing, the committed
person shall thereupon be released on such conditions as the
court determines to be necessary, or shall be remitted to the
custody of the secretary. If the order of conditional release
includes a requirement for the committed person to report to
a community corrections officer, the order shall also specify
that the conditionally released person shall be under the
supervision of the secretary of corrections or such person as
the secretary of corrections may designate and shall follow
explicitly the instructions of the secretary of corrections
including reporting as directed to a community corrections
officer, remaining within prescribed geographical boundaries, and notifying the community corrections officer prior
(2010 Ed.)
10.77.163
to making any change in the offender’s address or employment. If the order of conditional release includes a requirement for the committed person to report to a community corrections officer, the community corrections officer shall
notify the secretary or the secretary’s designee, if the person
is not in compliance with the court-ordered conditions of
release.
(4) If the court determines that receiving regular or periodic medication or other medical treatment shall be a condition of the committed person’s release, then the court shall
require him or her to report to a physician or other medical or
mental health practitioner for the medication or treatment. In
addition to submitting any report required by RCW
10.77.160, the physician or other medical or mental health
practitioner shall immediately upon the released person’s
failure to appear for the medication or treatment or upon a
change in mental health condition that renders the patient a
potential risk to the public report to the court, to the prosecuting attorney of the county in which the released person was
committed, to the secretary, and to the supervising community corrections officer.
(5) Any person, whose application for conditional
release has been denied, may reapply after a period of six
months from the date of denial. [2010 c 263 § 5; 1998 c 297
§ 41; 1993 c 31 § 6; 1982 c 112 § 1; 1974 ex.s. c 198 § 13;
1973 1st ex.s. c 117 § 15.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
10.77.155 Conditional release, furlough—Secretary’s recommendation. No court may, without a hearing,
enter an order conditionally releasing or authorizing the furlough of a person committed under this chapter, unless the
secretary has recommended the release or furlough. If the
secretary has not recommended the release or furlough, a
hearing shall be held under RCW 10.77.150. [1994 c 150 §
1.]
10.77.155
10.77.160 Conditional release—Reports. When a
conditionally released person is required by the terms of his
or her conditional release to report to a physician, department
of corrections community corrections officer, or medical or
mental health practitioner on a regular or periodic basis, the
physician, department of corrections community corrections
officer, medical or mental health practitioner, or other such
person shall monthly, for the first six months after release and
semiannually thereafter, or as otherwise directed by the court,
submit to the court, the secretary, the institution from which
released, and to the prosecuting attorney of the county in
which the person was committed, a report stating whether the
person is adhering to the terms and conditions of his or her
conditional release, and detailing any arrests or criminal
charges filed and any significant change in the person’s mental health condition or other circumstances. [2010 c 263 § 6;
1993 c 31 § 7; 1973 1st ex.s. c 117 § 16.]
10.77.160
10.77.163 Furlough—Notice—Temporary restraining order. (1) Before a person committed under this chapter
is permitted temporarily to leave a treatment facility for any
period of time without constant accompaniment by facility
10.77.163
[Title 10 RCW—page 55]
10.77.165
Title 10 RCW: Criminal Procedure
staff, the superintendent, professional person in charge of a
treatment facility, or his or her professional designee shall in
writing notify the prosecuting attorney of any county to
which the person is released and the prosecuting attorney of
the county in which the criminal charges against the committed person were dismissed, of the decision conditionally to
release the person. The notice shall be provided at least fortyfive days before the anticipated release and shall describe the
conditions under which the release is to occur.
(2) In addition to the notice required by subsection (1) of
this section, the superintendent of each state institution designated for the custody, care, and treatment of persons committed under this chapter shall notify appropriate law enforcement agencies through the state patrol communications network of the furloughs of persons committed under RCW
10.77.086 or 10.77.110. Notification shall be made at least
thirty days before the furlough, and shall include the name of
the person, the place to which the person has permission to
go, and the dates and times during which the person will be
on furlough.
(3) Upon receiving notice that a person committed under
this chapter is being temporarily released under subsection
(1) of this section, the prosecuting attorney may seek a temporary restraining order to prevent the release of the person
on the grounds that the person is dangerous to self or others.
(4) The notice requirements contained in this section
shall not apply to emergency medical furloughs.
(5) The existence of the notice requirements contained in
this section shall not require any extension of the release date
in the event the release plan changes after notification.
(6) The notice provisions of this section are in addition to
those provided in RCW 10.77.205. [2008 c 213 § 4; 1994 c
129 § 4; 1990 c 3 § 106; 1989 c 420 § 9; 1983 c 122 § 2.]
Findings—Intent—1994 c 129: See note following RCW 4.24.550.
Additional notes found at www.leg.wa.gov
10.77.165 Escape or disappearance—Notification
requirements. (1) In the event of an escape by a person
committed under this chapter from a state facility or the disappearance of such a person on conditional release or other
authorized absence, the superintendent shall provide notification of the person’s escape or disappearance for the public’s
safety or to assist in the apprehension of the person.
(a) The superintendent shall notify:
(i) State and local law enforcement officers located in the
city and county where the person escaped;
(ii) Other appropriate governmental agencies; and
(iii) The person’s relatives.
(b) The superintendent shall provide the same notification as required by (a) of this subsection to the following, if
such notice has been requested in writing about a specific
person committed under this chapter:
(i) The victim of the crime for which the person was convicted or the victim’s next of kin if the crime was a homicide;
(ii) Any witnesses who testified against the person in any
court proceedings if the person was charged with a violent
offense; and
(iii) Any other appropriate persons.
(2) Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other
person specified in writing by the prosecuting attorney to
receive the notice, and the notice are confidential and shall
not be available to the person committed under this chapter.
(3) The notice provisions of this section are in addition to
those provided in RCW 10.77.205. [2010 c 28 § 1; 1993 c 31
§ 8; 1990 c 3 § 107; 1989 c 420 § 10; 1983 c 122 § 3.]
Additional notes found at www.leg.wa.gov
10.77.170 Payments to conditionally released persons. As funds are available, the secretary may provide payment to a person conditionally released pursuant to RCW
10.77.150, consistent with the provisions of RCW 72.02.100
and 72.02.110, and may adopt rules and regulations to do so.
[1973 1st ex.s. c 117 § 17.]
10.77.170
10.77.180 Conditional release—Periodic review of
case. Each person conditionally released pursuant to RCW
10.77.150 shall have his or her case reviewed by the court
which conditionally released him or her no later than one year
after such release and no later than every two years thereafter,
such time to be scheduled by the court. Review may occur in
a shorter time or more frequently, if the court, in its discretion, on its own motion, or on motion of the person, the secretary of social and health services, the secretary of corrections, medical or mental health practitioner, or the prosecuting attorney, so determines. The sole question to be
determined by the court is whether the person shall continue
to be conditionally released. The court in making its determination shall be aided by the periodic reports filed pursuant to
RCW 10.77.140 and 10.77.160, and the opinions of the secretary and other experts or professional persons. [1998 c 297
§ 42; 1993 c 31 § 9; 1974 ex.s. c 198 § 14; 1973 1st ex.s. c
117 § 18.]
10.77.180
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
10.77.165
[Title 10 RCW—page 56]
10.77.190 Conditional release—Revocation or modification of terms—Procedure. (1) Any person submitting
reports pursuant to RCW 10.77.160, the secretary, or the
prosecuting attorney may petition the court to, or the court on
its own motion may schedule an immediate hearing for the
purpose of modifying the terms of conditional release if the
petitioner or the court believes the released person is failing
to adhere to the terms and conditions of his or her conditional
release or is in need of additional care and treatment.
(2) If the prosecuting attorney, the secretary of social and
health services, the secretary of corrections, or the court, after
examining the report filed with them pursuant to RCW
10.77.160, or based on other information received by them,
reasonably believes that a conditionally released person is
failing to adhere to the terms and conditions of his or her conditional release the court or secretary of social and health services or the secretary of corrections may order that the conditionally released person be apprehended and taken into custody. The court shall be notified of the apprehension before
the close of the next judicial day. The court shall schedule a
hearing within thirty days to determine whether or not the
person’s conditional release should be modified or revoked.
Both the prosecuting attorney and the conditionally released
person shall have the right to request an immediate mental
10.77.190
(2010 Ed.)
Criminally Insane—Procedures
examination of the conditionally released person. If the conditionally released person is indigent, the court or secretary of
social and health services or the secretary of corrections or
their designees shall, upon request, assist him or her in
obtaining a qualified expert or professional person to conduct
the examination.
(3) If the hospital or facility designated to provide outpatient care determines that a conditionally released person presents a threat to public safety, the hospital or facility shall
immediately notify the secretary of social and health services
or the secretary of corrections or their designees. The secretary shall order that the conditionally released person be
apprehended and taken into custody.
(4) The court, upon receiving notification of the apprehension, shall promptly schedule a hearing. The issue to be
determined is whether the conditionally released person did
or did not adhere to the terms and conditions of his or her
release, or whether the person presents a threat to public
safety. Pursuant to the determination of the court upon such
hearing, the conditionally released person shall either continue to be conditionally released on the same or modified
conditions or his or her conditional release shall be revoked
and he or she shall be committed subject to release only in
accordance with provisions of this chapter. [2010 c 263 § 7;
1998 c 297 § 43; 1993 c 31 § 10; 1982 c 112 § 2; 1974 ex.s. c
198 § 15; 1973 1st ex.s. c 117 § 19.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
10.77.195 Conditional release—Court approval—
Compliance—Secretary to coordinate with designated
treatment providers, department of corrections staff, and
local law enforcement—Rules. For persons who have
received court approval for conditional release, the secretary
or the secretary’s designee shall supervise the person’s compliance with the court-ordered conditions of release. The
level of supervision provided by the secretary shall correspond to the level of the person’s public safety risk. In undertaking supervision of persons under this section, the secretary
shall coordinate with any treatment providers designated pursuant to RCW 10.77.150(3), any department of corrections
staff designated pursuant to RCW 10.77.150(2), and local
law enforcement, if appropriate. The secretary shall adopt
rules to implement this section. [2010 c 263 § 9.]
10.77.195
10.77.200 Release—Procedure. (1) Upon application
by the committed or conditionally released person, the secretary shall determine whether or not reasonable grounds exist
for release. In making this determination, the secretary may
consider the reports filed under RCW 10.77.060, 10.77.110,
10.77.140, and 10.77.160, and other reports and evaluations
provided by professionals familiar with the case. If the secretary approves the release he or she then shall authorize the
person to petition the court.
(2) In instances in which persons have not made application for release, but the secretary believes, after consideration
of the reports filed under RCW 10.77.060, 10.77.110,
10.77.140, and 10.77.160, and other reports and evaluations
provided by professionals familiar with the case, that reasonable grounds exist for release, the secretary may petition the
court. If the secretary petitions the court for release under
10.77.200
(2010 Ed.)
10.77.205
this subsection, notice of the petition must be provided to the
person who is the subject of the petition and to his or her
attorney.
(3) The petition shall be served upon the court and the
prosecuting attorney. The court, upon receipt of the petition
for release, shall within forty-five days order a hearing. Continuance of the hearing date shall only be allowed for good
cause shown. The prosecuting attorney shall represent the
state, and shall have the right to have the petitioner examined
by an expert or professional person of the prosecuting attorney’s choice. If the petitioner is indigent, and the person so
requests, the court shall appoint a qualified expert or professional person to examine him or her. If the petitioner has a
developmental disability, the examination shall be performed
by a developmental disabilities professional. The hearing
shall be before a jury if demanded by either the petitioner or
the prosecuting attorney. The burden of proof shall be upon
the petitioner to show by a preponderance of the evidence
that the petitioner no longer presents, as a result of a mental
disease or defect, a substantial danger to other persons, or a
substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control
by the court or other persons or institutions.
(4) For purposes of this section, a person affected by a
mental disease or defect in a state of remission is considered
to have a mental disease or defect requiring supervision when
the disease may, with reasonable medical probability, occasionally become active and, when active, render the person a
danger to others. Upon a finding that the petitioner has a
mental disease or defect in a state of remission under this subsection, the court may deny release, or place or continue such
a person on conditional release.
(5) Nothing contained in this chapter shall prohibit the
patient from petitioning the court for release or conditional
release from the institution in which he or she is committed.
The issue to be determined on such proceeding is whether the
petitioner, as a result of a mental disease or defect, is a substantial danger to other persons, or presents a substantial likelihood of committing criminal acts jeopardizing public safety
or security, unless kept under further control by the court or
other persons or institutions.
(6) Nothing contained in this chapter shall prohibit the
committed person from petitioning for release by writ of
habeas corpus. [2010 c 263 § 8; 2000 c 94 § 16; 1998 c 297
§ 44; 1993 c 31 § 11; 1989 c 420 § 11; 1983 c 25 § 2; 1974
ex.s. c 198 § 16; 1973 1st ex.s. c 117 § 20.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
10.77.205
10.77.205 Sexual or violent offenders—Notice of
release, escape, etc.—Definitions. (1)(a) At the earliest possible date, and in no event later than thirty days before conditional release, release, authorized furlough pursuant to RCW
10.77.163, or transfer to a less-restrictive facility than a state
mental hospital, the superintendent shall send written notice
of the conditional release, release, authorized furlough, or
transfer of a person who has been found not guilty of a sex,
violent, or felony harassment offense by reason of insanity
and who is now in the custody of the department pursuant to
this chapter, to the following:
[Title 10 RCW—page 57]
10.77.207
Title 10 RCW: Criminal Procedure
(i) The chief of police of the city, if any, in which the person will reside; and
(ii) The sheriff of the county in which the person will
reside.
(b) The same notice as required by (a) of this subsection
shall be sent to the following, if such notice has been
requested in writing about a specific person committed under
this chapter:
(i) The victim of the crime for which the person was
committed or the victim’s next of kin if the crime was a homicide;
(ii) Any witnesses who testified against the person in any
court proceedings; and
(iii) Any person specified in writing by the prosecuting
attorney.
Information regarding victims, next of kin, or witnesses
requesting the notice, information regarding any other person
specified in writing by the prosecuting attorney to receive the
notice, and the notice are confidential and shall not be available to the person committed under this chapter.
(c) In addition to the notice requirements of (a) and (b) of
this subsection, the superintendent shall comply with RCW
10.77.163.
(d) The thirty-day notice requirement contained in (a)
and (b) of this subsection shall not apply to emergency medical furloughs.
(e) The existence of the notice requirements in (a) and
(b) of this subsection shall not require any extension of the
release date in the event the release plan changes after notification.
(2) If a person who has been found not guilty of a sex,
violent, or felony harassment offense by reason of insanity
and who is committed under this chapter escapes, the superintendent shall immediately notify, by the most reasonable
and expedient means available, the chief of police of the city
and the sheriff of the county in which the person resided
immediately before the person’s arrest. If previously
requested, the superintendent shall also notify the witnesses
and the victim, if any, of the crime for which the person was
committed or the victim’s next of kin if the crime was a homicide. The superintendent shall also notify appropriate persons pursuant to RCW 10.77.165. If the person is recaptured,
the secretary shall send notice to the persons designated in
this subsection as soon as possible but in no event later than
two working days after the department learns of such recapture.
(3) If the victim, the victim’s next of kin, or any witness
is under the age of sixteen, the notice required by this section
shall be sent to the parents or legal guardian of the child.
(4) The department shall send the notices required by
this chapter to the last address provided to the department by
the requesting party. The requesting party shall furnish the
department with a current address.
(5) For purposes of this section the following terms have
the following meanings:
(a) "Violent offense" means a violent offense under
RCW 9.94A.030;
(b) "Sex offense" means a sex offense under RCW
9.94A.030;
(c) "Next of kin" means a person’s spouse, state registered domestic partner, parents, siblings, and children;
[Title 10 RCW—page 58]
(d) "Authorized furlough" means a furlough granted
after compliance with RCW 10.77.163;
(e) "Felony harassment offense" means a crime of
harassment as defined in RCW 9A.46.060 that is a felony.
[2009 c 521 § 27; 2000 c 94 § 17; 1994 c 129 § 5; 1992 c 186
§ 8; 1990 c 3 § 104.]
Findings—Intent—1994 c 129: See note following RCW 4.24.550.
Additional notes found at www.leg.wa.gov
10.77.207 Persons acquitted of sex offense due to
insanity—Release of information authorized. In addition
to any other information required to be released under this
chapter, the department is authorized, pursuant to RCW
4.24.550, to release relevant information necessary to protect
the public concerning a person who was acquitted of a sex
offense as defined in RCW 9.94A.030 due to insanity and
was subsequently committed to the department pursuant to
this chapter. [1990 c 3 § 105.]
10.77.207
Additional notes found at www.leg.wa.gov
10.77.210 Right to adequate care and treatment—
Records and reports. (1) Any person involuntarily
detained, hospitalized, or committed pursuant to the provisions of this chapter shall have the right to adequate care and
individualized treatment. The person who has custody of the
patient or is in charge of treatment shall keep records detailing all medical, expert, and professional care and treatment
received by a committed person, and shall keep copies of all
reports of periodic examinations of the patient that have been
filed with the secretary pursuant to this chapter. Except as
provided in RCW 10.77.205 and 4.24.550 regarding the
release of information concerning insane offenders who are
acquitted of sex offenses and subsequently committed pursuant to this chapter, all records and reports made pursuant to
this chapter, shall be made available only upon request, to the
committed person, to his or her attorney, to his or her personal physician, to the supervising community corrections
officer, to the prosecuting attorney, to the court, to the protection and advocacy agency, or other expert or professional
persons who, upon proper showing, demonstrates a need for
access to such records. All records and reports made pursuant
to this chapter shall also be made available, upon request, to
the department of corrections or the indeterminate sentence
review board if the person was on parole, probation, or community supervision at the time of detention, hospitalization,
or commitment or the person is subsequently convicted for
the crime for which he or she was detained, hospitalized, or
committed pursuant to this chapter.
(2) All relevant records and reports as defined by the
department in rule shall be made available, upon request, to
criminal justice agencies as defined in RCW 10.97.030.
[1998 c 297 § 45; 1993 c 31 § 12; 1990 c 3 § 108; 1989 c 420
§ 12; 1983 c 196 § 3; 1973 1st ex.s. c 117 § 21.]
10.77.210
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Additional notes found at www.leg.wa.gov
10.77.2101 Implementation of legislative intent. In
developing rules under RCW 10.77.210(2), the department
shall implement the following legislative intent: Increasing
10.77.2101
(2010 Ed.)
Criminally Insane—Procedures
public safety; and making decisions based on a person’s current conduct and mental condition rather than the classification of the charges. [1998 c 297 § 46.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
10.77.220 Incarceration in correctional institution or
facility prohibited—Exceptions. No person confined pursuant to this chapter shall be incarcerated in a state correctional institution or facility: PROVIDED, That nothing
herein shall prohibit confinement in a mental health facility
located wholly within a correctional institution. Confinement
in a county jail or other local facility while awaiting either
placement in a treatment program or a court hearing pursuant
to this chapter is permitted for no more than seven days.
[1982 c 112 § 3; 1974 ex.s. c 198 § 17; 1973 1st ex.s. c 117 §
22.]
10.77.220
10.77.230 Appellate review. Either party may seek
appellate review of the judgment of any hearing held pursuant to the provisions of this chapter. [1988 c 202 § 16; 1974
ex.s. c 198 § 18; 1973 1st ex.s. c 117 § 23.]
10.77.230
Rules of court: Cf. RAP 2.2, 18.22.
Additional notes found at www.leg.wa.gov
10.77.240 Existing rights not affected. Nothing in this
chapter shall prohibit a person presently committed from
exercising a right presently available to him or her for obtaining release from confinement, including the right to petition
for a writ of habeas corpus. [1999 c 13 § 3; 1973 1st ex.s. c
117 § 24.]
10.77.240
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
10.77.250 Responsibility for costs—Reimbursement.
The department shall be responsible for all costs relating to
the evaluation and treatment of persons committed to it pursuant to any provisions of this chapter, and the logistical and
supportive services pertaining thereto. Reimbursement may
be obtained by the department pursuant to RCW 43.20B.330.
[1987 c 75 § 1; 1985 c 245 § 1; 1973 1st ex.s. c 117 § 25.]
10.77.250
Additional notes found at www.leg.wa.gov
10.77.260 Violent act—Presumptions. (1) In determining whether a defendant has committed a violent act the
court must:
(a) Presume that a past conviction, guilty plea, or finding
of not guilty by reason of insanity establishes the elements
necessary for the crime charged;
(b) Consider that the elements of a crime may not be sufficient in themselves to establish that the defendant committed a violent act; and
(c) Presume that the facts underlying the elements, if
unrebutted, are sufficient to establish that the defendant committed a violent act.
(2) The presumptions in subsection (1) of this section are
rebuttable.
(3) In determining the facts underlying the elements of
any crime under subsection (1) of this section, the court may
10.77.260
(2010 Ed.)
10.77.270
consider information including, but not limited to, the following material relating to the crime:
(a) Affidavits or declarations made under penalty of perjury;
(b) Criminal history record information, as defined in
chapter 10.97 RCW; and
(c) Its own or certified copies of another court’s records
such as criminal complaints, certifications of probable cause
to detain, dockets, and orders on judgment and sentencing.
[2000 c 74 § 5.]
Severability—2000 c 74: See note following RCW 10.77.060.
10.77.270 Independent public safety review panel—
Members—Secretary to submit recommendation—
Access to records—Support, rules—Report. (1) The secretary shall establish an independent public safety review
panel for the purpose of advising the secretary and the courts
with respect to persons who have been found not guilty by
reason of insanity. The panel shall provide advice regarding
all recommendations: (a) For a change in commitment status; (b) to allow furloughs or temporary leaves accompanied
by staff; or (c) to permit movement about the grounds of the
treatment facility, with or without the accompaniment of
staff.
(2) The members of the public safety review panel shall
be appointed by the governor for a renewable term of three
years and shall include the following:
(a) A psychiatrist;
(b) A licensed clinical psychologist;
(c) A representative of the department of corrections;
(d) A prosecutor or a representative of a prosecutor’s
association;
(e) A representative of law enforcement or a law
enforcement association;
(f) A consumer and family advocate representative; and
(g) A public defender or a representative of a defender’s
association.
(3) Thirty days prior to issuing a recommendation for
conditional release under RCW 10.77.150 or forty-five days
prior to issuing a recommendation for release under RCW
10.77.200, the secretary shall submit its recommendation
with the committed person’s application and the department’s risk assessment to the public safety review panel. The
public safety review panel shall complete an independent
assessment of the public safety risk entailed by the secretary’s proposed conditional release recommendation or
release recommendation and provide this assessment in writing to the secretary. The public safety review panel may,
within funds appropriated for this purpose, request additional
evaluations of the committed person. The public safety
review panel may indicate whether it is in agreement with the
secretary’s recommendation, or whether it would issue a different recommendation. The secretary shall provide the
panel’s assessment when it is received along with any supporting documentation, including all previous reports of evaluations of the committed person in the person’s hospital
record, to the court, prosecutor in the county that ordered the
person’s commitment, and counsel for the committed person.
(4) The secretary shall notify the public safety review
panel at appropriate intervals concerning any changes in the
10.77.270
[Title 10 RCW—page 59]
10.77.900
Title 10 RCW: Criminal Procedure
commitment or custody status of persons found not guilty by
reason of insanity. The panel shall have access, upon request,
to a committed person’s complete hospital record.
(5) The department shall provide administrative and
financial support to the public safety review panel. The
department, in consultation with the public safety review
panel, may adopt rules to implement this section.
(6) By December 1, 2014, the public safety review panel
shall report to the appropriate legislative committees the following:
(a) Whether the public safety review panel has observed
a change in statewide consistency of evaluations and decisions concerning changes in the commitment status of persons found not guilty by reason of insanity;
(b) Whether the public safety review panel should be
given the authority to make release decisions and monitor
release conditions;
(c) Any other issues the public safety review panel
deems relevant. [2010 c 263 § 1.]
10.77.900 Savings—Construction—1973 1st ex.s. c
117. (1) Any acts done before July 1, 1973 and any proceedings then pending and any constitutional right or any action
taken in any proceeding pending under statutes in effect prior
to July 1, 1973 are not impaired by this chapter.
(2) This chapter shall also apply to persons committed
under prior law as incompetent to stand trial or as being criminally insane and to any proceedings in court then pending or
thereafter commenced regardless of when the proceedings
were commenced, except to the extent that in the opinion of
the court, the former procedure should continue to be made
applicable in a particular case in the interest of justice or
because of infeasibility of application of the procedures of
this chapter. [1973 1st ex.s. c 117 § 26.]
10.77.900
10.77.910 Severability—1973 1st ex.s. c 117. If any
provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or its
application of the provision to other persons or circumstances
is not affected. [1973 1st ex.s. c 117 § 27.]
10.77.910
10.77.920 Chapter successor to *chapter 10.76 RCW.
Sections 1 through 27 of this act shall constitute a new chapter in Title 10 RCW, and shall be considered the successor
chapter to *chapter 10.76 RCW. [1973 1st ex.s. c 117 § 28.]
the secretary shall cause such persons to be evaluated to
ascertain if such persons are developmentally disabled for
placement in a program specifically reserved for the treatment and training of persons with developmental disabilities.
[1999 c 13 § 4; 1989 c 420 § 17.]
Purpose—Construction—1999 c 13: See note following RCW
10.77.010.
10.77.950 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 26.]
10.77.950
Chapter 10.79
Sections
10.79.015
10.79.020
10.79.040
10.79.050
10.79.060
10.79.070
10.79.080
10.79.090
10.79.100
10.79.110
10.79.120
10.79.130
10.79.140
10.77.920
*Reviser’s note: Chapter 10.76 RCW was repealed by 1973 1st ex.s. c
117 § 29.
Chapter 10.79 RCW
SEARCHES AND SEIZURES
10.79.150
10.79.160
10.79.170
Other grounds for issuance of search warrant.
To whom directed—Contents.
Search without warrant unlawful—Penalty.
Restoration of stolen property to owner—Duties of officers.
Strip, body cavity searches—Legislative intent.
Strip, body cavity searches—Definitions.
Strip, body cavity searches—Warrant, authorization, report.
Strip, body cavity searches—Medical care not precluded.
Strip, body cavity searches—Standards for conducting.
Strip, body cavity searches—Actions for damages, injunctive
relief.
Strip, body cavity searches—Application of RCW 10.79.130
through 10.79.160.
Strip, body cavity searches—Warrant required—Exceptions.
Strip, body cavity searches—Uncategorized searches—Determination of reasonable suspicion, probable cause—Lessintrusive alternatives.
Strip, body cavity searches—Written record required, contents—Unnecessary persons prohibited.
Strip, body cavity searches—Physical examinations for public
health purposes excluded.
Strip, body cavity searches—Nonliability when search
delayed.
Rules of court: Search and seizure—CrR 2.3; CrRLJ 2.3.
10.77.930 Effective date—1973 1st ex.s. c 117. This
act shall take effect on July 1, 1973. [1973 1st ex.s. c 117 §
30.]
10.77.930
Alcoholic beverage control, search and seizure: Chapter 66.32 RCW.
Controlled substances, search and seizure: RCW 69.50.509.
10.79.015 Other grounds for issuance of search warrant. Any such magistrate, when satisfied that there is reasonable cause, may also, upon like complaint made on oath,
issue search warrant in the following cases, to wit:
(1) To search for and seize any counterfeit or spurious
coin, or forged instruments, or tools, machines or materials,
prepared or provided for making either of them.
(2) To search for and seize any gaming apparatus used or
kept, and to be used in any unlawful gaming house, or in any
10.79.015
10.77.940 Equal application of 1989 c 420—Evaluation for developmental disability. The provisions of chapter 420, Laws of 1989 shall apply equally to persons in the
custody of the department on May 13, 1989, who were found
by a court to be not guilty by reason of insanity or incompetent to stand trial, or who have been found to have committed
acts constituting a felony pursuant to RCW 71.05.280(3) and
present a substantial likelihood of repeating similar acts, and
10.77.940
[Title 10 RCW—page 60]
(2010 Ed.)
Searches and Seizures
building, apartment or place, resorted to for the purpose of
unlawful gaming.
(3) To search for and seize any evidence material to the
investigation or prosecution of any homicide or any felony:
PROVIDED, That if the evidence is sought to be secured
from any radio or television station or from any regularly
published newspaper, magazine or wire service, or from any
employee of such station, wire service or publication, the evidence shall be secured only through a subpoena duces tecum
unless: (a) There is probable cause to believe that the person
or persons in possession of the evidence may be involved in
the crime under investigation; or (b) there is probable cause
to believe that the evidence sought to be seized will be
destroyed or hidden if subpoena duces tecum procedures are
followed. As used in this subsection, "person or persons"
includes both natural and judicial persons.
(4) To search for and seize any instrument, apparatus or
device used to obtain telephone or telegraph service in violation of RCW 9.26A.110 or 9.26A.115. [2003 c 53 § 94; 1980
c 52 § 1; 1972 ex.s. c 75 § 2; 1969 c 83 § 1; 1949 c 86 § 1;
Code 1881 § 986; 1873 p 216 § 154; 1854 p 101 § 2; Rem.
Supp. 1949 § 2238. Formerly RCW 10.79.010, part.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
10.79.020 To whom directed—Contents. All such
warrants shall be directed to the sheriff of the county, or his
or her deputy, or to any constable of the county, commanding
such officer to search the house or place where the stolen
property or other things for which he or she is required to
search are believed to be concealed, which place and property, or things to be searched for shall be designated and
described in the warrant, and to bring such stolen property or
other things, when found, and the person in whose possession
the same shall be found, before the magistrate who shall issue
the warrant, or before some other magistrate or court having
cognizance of the case. [2010 c 8 § 1061; Code 1881 § 969;
1873 p 216 § 155; 1854 p 101 § 3; RRS § 2239.]
10.79.020
10.79.040 Search without warrant unlawful—Penalty. (1) It shall be unlawful for any police officer or other
peace officer to enter and search any private dwelling house
or place of residence without the authority of a search warrant
issued upon a complaint as by law provided.
(2) Any police officer or other peace officer violating the
provisions of this section is guilty of a gross misdemeanor.
[2010 c 8 § 1062; 2003 c 53 § 95; 1921 c 71 § 1; RRS § 22401. FORMER PART OF SECTION: 1921 c 71 § 2; RRS §
2240-2, now codified as RCW 10.79.045.]
10.79.040
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
10.79.050 Restoration of stolen property to owner—
Duties of officers. All property obtained by larceny, robbery
or burglary, shall be restored to the owner; and no sale,
whether in good faith on the part of the purchaser or not, shall
divest the owner of his or her rights to such property; and it
shall be the duty of the officer who shall arrest any person
charged as principal or accessory in any robbery or larceny,
to secure the property alleged to have been stolen, and he or
she shall be answerable for the same, and shall annex a sched10.79.050
(2010 Ed.)
10.79.080
ule thereof to his or her return of the warrant. [2010 c 8 §
1063; Code 1881 § 851; 1873 p 192 § 57; 1854 p 84 § 51;
RRS § 2129.]
10.79.060 Strip, body cavity searches—Legislative
intent. It is the intent of the legislature to establish policies
regarding the practice of strip searching persons booked into
holding, detention, or local correctional facilities. It is the
intent of the legislature to restrict the practice of strip searching and body cavity searching persons booked into holding,
detention, or local correctional facilities to those situations
where such searches are necessary. [1983 1st ex.s. c 42 § 1.]
10.79.060
Additional notes found at www.leg.wa.gov
10.79.070 Strip, body cavity searches—Definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply throughout RCW 10.79.060 through
10.79.110.
(1) "Strip search" means having a person remove or
arrange some or all of his or her clothing so as to permit an
inspection of the genitals, buttocks, anus, or undergarments
of the person or breasts of a female person.
(2) "Body cavity search" means the touching or probing
of a person’s body cavity, whether or not there is actual penetration of the body cavity.
(3) "Body cavity" means the stomach or rectum of a person and the vagina of a female person.
(4) "Law enforcement agency" and "law enforcement
officer" include local departments of corrections created pursuant to *RCW 70.48.090(3) and employees thereof. [1983
1st ex.s. c 42 § 2.]
10.79.070
*Reviser’s note: RCW 70.48.090 was amended by 2007 c 13 § 1,
changing subsection (3) to subsection (4).
Additional notes found at www.leg.wa.gov
10.79.080 Strip, body cavity searches—Warrant,
authorization, report. (1) No person may be subjected to a
body cavity search by or at the direction of a law enforcement
agency unless a search warrant is issued pursuant to superior
court criminal rules.
(2) No law enforcement officer may seek a warrant for a
body cavity search without first obtaining specific authorization for the body cavity search from the ranking shift supervisor of the law enforcement authority. Authorization for the
body cavity search may be obtained electronically: PROVIDED, That such electronic authorization shall be reduced
to writing by the law enforcement officer seeking the authorization and signed by the ranking supervisor as soon as possible thereafter.
(3) Before any body cavity search is authorized or conducted, a thorough pat-down search, a thorough electronic
metal-detector search, and a thorough clothing search, where
appropriate, must be used to search for and seize any evidence of a crime, contraband, fruits of crime, things otherwise criminally possessed, weapons, or other things by
means of which a crime has been committed or reasonably
appears about to be committed. No body cavity search shall
be authorized or conducted unless these other methods do not
satisfy the safety, security, or evidentiary concerns of the law
enforcement agency.
10.79.080
[Title 10 RCW—page 61]
10.79.090
Title 10 RCW: Criminal Procedure
(4) A law enforcement officer requesting a body cavity
search shall prepare and sign a report regarding the body cavity search. The report shall include:
(a) A copy of the written authorization required under
subsection (2) of this section;
(b) A copy of the warrant and any supporting documents
required under subsection (1) of this section;
(c) The name and sex of all persons conducting or
observing the search;
(d) The time, date, place, and description of the search;
and
(e) A statement of the results of the search and a list of
any items removed from the person as a result of the search.
The report shall be retained as part of the law enforcement agency’s records. [1983 1st ex.s. c 42 § 3.]
Additional notes found at www.leg.wa.gov
10.79.090 Strip, body cavity searches—Medical care
not precluded. Nothing in RCW 10.79.080 or this section
may be construed as precluding or preventing the administration of medical care to persons requiring immediate medical
care or requesting medical care. [1983 1st ex.s. c 42 § 4.]
10.79.090
Additional notes found at www.leg.wa.gov
(7) A strip search of a person housed in a holding, detention, or local correctional facility to search for and seize a
weapon may be conducted at other than a private location if
there arises a specific threat to institutional security that reasonably requires such a search or if all persons in the facility
are being searched for the discovery of weapons or contraband. [1983 1st ex.s. c 42 § 5.]
Additional notes found at www.leg.wa.gov
10.79.110 Strip, body cavity searches—Actions for
damages, injunctive relief. (1) A person who suffers damage or harm as a result of a violation of RCW 10.79.080,
10.79.090, 10.79.100, or 10.79.130 through 10.79.170 may
bring a civil action to recover actual damages sustained by
him or her. The court may, in its discretion, award injunctive
and declaratory relief as it deems necessary.
(2) RCW 10.79.080, 10.79.090, 10.79.100, and
10.79.130 through 10.79.170 shall not be construed as limiting any constitutional, common law, or statutory right of any
person regarding any action for damages or injunctive relief,
or as precluding the prosecution under another provision of
law of any law enforcement officer or other person who has
violated RCW 10.79.080, 10.79.090, 10.79.100, or 10.79.130
through 10.79.170. [1986 c 88 § 7; 1983 1st ex.s. c 42 § 6.]
10.79.110
Additional notes found at www.leg.wa.gov
10.79.100 Strip, body cavity searches—Standards
for conducting. (1) Persons conducting a strip search shall
not touch the person being searched except as reasonably
necessary to effectuate the strip search of the person.
(2) Any body cavity search must be performed under
sanitary conditions and conducted by a physician, registered
nurse, or physician’s assistant, licensed to practice in this
state, who is trained in the proper medical process and the
potential health problems associated with a body cavity
search. No health professional authorized by this subsection
to conduct a body cavity search shall be held liable in any
civil action if the search is conducted in a manner that meets
the standards and requirements of RCW 4.24.290 and
7.70.040.
(3) Except as provided in subsection (7) of this section, a
strip search or body cavity search, as well as presearch
undressing or postsearch dressing, shall occur at a location
made private from the observation of persons not physically
conducting the search. A strip search or body cavity search
shall be performed or observed only by persons of the same
sex as the person being searched, except for licensed medical
professionals as required by subsection (2) of this section.
(4) Except as provided in subsection (5) of this section,
no person may be present or observe during the search unless
the person is necessary to conduct the search or to ensure the
safety of those persons conducting the search.
(5) Nothing in this section prohibits a person upon whom
a body cavity search is to be performed from having a readily
available person of his or her choosing present at the time the
search is conducted. However, the person chosen shall not be
a person being held in custody by a law enforcement agency.
(6) RCW 10.79.080 and this section shall not be interpreted as expanding or diminishing the authority of a law
enforcement officer with respect to searches incident to arrest
or investigatory stop in public.
10.79.100
[Title 10 RCW—page 62]
10.79.120 Strip, body cavity searches—Application
of RCW 10.79.130 through 10.79.160. RCW 10.79.130
through 10.79.160 apply to any person in custody at a holding, detention, or local correctional facility, other than a person committed to incarceration by order of a court, regardless
of whether an arrest warrant or other court order was issued
before the person was arrested or otherwise taken into custody unless the court issuing the warrant has determined that
the person shall not be released on personal recognizance,
bail, or bond. RCW 10.79.130 through 10.79.160 do not
apply to a person held for post-conviction incarceration for a
criminal offense. The definitions and remedies provided by
RCW 10.79.070 and 10.79.110 apply to RCW 10.79.130
through 10.79.160. [1986 c 88 § 1.]
10.79.120
10.79.130 Strip, body cavity searches—Warrant
required—Exceptions. (1) No person to whom this section
is made applicable by RCW 10.79.120 may be strip searched
without a warrant unless:
(a) There is a reasonable suspicion to believe that a strip
search is necessary to discover weapons, criminal evidence,
contraband, or other thing concealed on the body of the person to be searched, that constitutes a threat to the security of
a holding, detention, or local correctional facility;
(b) There is probable cause to believe that a strip search
is necessary to discover other criminal evidence concealed on
the body of the person to be searched, but not constituting a
threat to facility security; or
(c) There is a reasonable suspicion to believe that a strip
search is necessary to discover a health condition requiring
immediate medical attention.
(2) For the purposes of subsection (1) of this section, a
reasonable suspicion is deemed to be present when the person
to be searched has been arrested for:
10.79.130
(2010 Ed.)
Collection and Disposition of Fines and Costs
(a) A violent offense as defined in RCW 9.94A.030 or
any successor statute;
(b) An offense involving escape, burglary, or the use of a
deadly weapon; or
(c) An offense involving possession of a drug or controlled substance under chapter 69.41, 69.50, or 69.52 RCW
or any successor statute. [1986 c 88 § 2.]
10.79.140 Strip, body cavity searches—Uncategorized searches—Determination of reasonable suspicion,
probable cause—Less-intrusive alternatives. (1) A person
to whom this section is made applicable by RCW 10.79.120
who has not been arrested for an offense within one of the
categories specified in RCW 10.79.130(2) may nevertheless
be strip searched, but only upon an individualized determination of reasonable suspicion or probable cause as provided in
this section.
(2) With the exception of those situations in which reasonable suspicion is deemed to be present under RCW
10.79.130(2), no strip search may be conducted without the
specific prior written approval of the jail unit supervisor on
duty. Before any strip search is conducted, reasonable efforts
must be made to use other less-intrusive means, such as patdown, electronic metal detector, or clothing searches, to
determine whether a weapon, criminal evidence, contraband,
or other thing is concealed on the body, or whether a health
condition requiring immediate medical attention is present.
The determination of whether reasonable suspicion or probable cause exists to conduct a strip search shall be made only
after such less-intrusive means have been used and shall be
based on a consideration of all information and circumstances known to the officer authorizing the strip search,
including but not limited to the following factors:
(a) The nature of the offense for which the person to be
searched was arrested;
(b) The prior criminal record of the person to be
searched; and
(c) Physically violent behavior of the person to be
searched, during or after the arrest. [1986 c 88 § 3.]
10.79.140
the offense or offenses for which the person searched was
arrested, the information required by subsection (2)(c), (d),
and (e) of this section.
(4) The record may be included or incorporated in existing forms used by the facility, including the booking form
required under the Washington Administrative Code. A notation of the name of the person strip searched shall also be
entered in the log of daily activities or other chronological
record, if any, maintained pursuant to the Washington
Administrative Code.
(5) Except at the request of the person to be searched, no
person may be present or observe during the strip search
unless necessary to conduct the search. [1986 c 88 § 4.]
10.79.160 Strip, body cavity searches—Physical
examinations for public health purposes excluded. Physical examinations conducted by licensed medical professionals solely for public health purposes under separate statutory
authority shall not be considered searches for purposes of
RCW 10.79.120, 10.79.130, and 10.79.140. [1986 c 88 § 5.]
10.79.160
10.79.170 Strip, body cavity searches—Nonliability
when search delayed. No governmental entity and no
employee or contracting agent of a governmental entity shall
be liable for injury, death, or damage caused by a person in
custody when the injury, death, or damage is caused by or
made possible by contraband that would have been discovered sooner but for the delay caused by having to seek a
search warrant under RCW 10.79.080 or 10.79.130 through
10.79.160. [1986 c 88 § 6.]
10.79.170
Chapter 10.82
10.82.010
10.82.020
10.82.025
10.79.150
(2010 Ed.)
Chapter 10.82 RCW
COLLECTION AND DISPOSITION OF
FINES AND COSTS
Sections
10.82.030
10.79.150 Strip, body cavity searches—Written
record required, contents—Unnecessary persons prohibited. (1) A written record of any strip search shall be maintained in the individual file of each person strip searched.
(2) With respect to any strip search conducted under
RCW 10.79.140, the record shall contain the following information:
(a) The name of the supervisor authorizing the strip
search;
(b) The specific facts constituting reasonable suspicion
to believe that the strip search was necessary;
(c) The name and serial number of the officer conducting
the strip search and of all other persons present or observing
during any part of the strip search;
(d) The time, date, and place of the strip search; and
(e) Any weapons, criminal evidence, contraband, or
other thing, or health condition discovered as a result of the
strip search.
(3) With respect to any strip search conducted under
RCW 10.79.130(2), the record shall contain, in addition to
10.82.010
10.82.040
10.82.070
10.82.080
10.82.090
Execution for fines and costs.
Stay of execution for sixty days on recognizance.
Effect of recognizance—Execution of judgment after sixty
days.
Commitment for failure to pay fine and costs—Execution
against defendant’s property—Reduction by payment, labor,
or confinement.
Commitment for failure to pay fine and costs—Reduction of
amount by performance of labor.
Disposition of monetary payments.
Unlawful receipt of public assistance—Deduction from subsequent assistance payments—Restitution payments.
Interest on judgments—Disposition of nonrestitution interest.
City, county jail prisoners may be compelled to work: RCW 9.92.130,
9.92.140, 36.28.100.
Defendant liable for costs: RCW 10.64.015.
Fine and costs—Collection procedure, liability for, commitment for failure
to pay, execution: RCW 10.01.160 through 10.01.180.
Jury fee disposition: RCW 10.46.190.
Payment of fine and costs in installments: RCW 9.92.070, 10.01.170.
10.82.010 Execution for fines and costs. Upon a judgment for fine and costs, and for all adjudged costs, execution
shall be issued against the property of the defendant, and
returned in the same manner as in civil actions. [Code 1881
§ 1120; 1873 p 242 § 278; 1854 p 123 § 142; RRS § 2201.]
10.82.010
Judgments a lien on realty: RCW 10.64.080.
[Title 10 RCW—page 63]
10.82.020
Title 10 RCW: Criminal Procedure
10.82.020 Stay of execution for sixty days on recognizance. Every defendant against whom a judgment has been
rendered for fine and costs, may stay the execution for the
fine assessed and costs for sixty days from the rendition of
the judgment, by procuring one or more sufficient sureties, to
enter into a recognizance in open court, acknowledging themselves to be bail for such fine and costs. [Code 1881 § 1123;
1873 p 242 § 281; 1854 p 124 § 145; RRS § 2204. FORMER
PART OF SECTION: Code 1881 § 1124; 1873 p 243 § 282;
1854 p 124 § 146; RRS § 2205, now codified as RCW
10.82.025.]
10.82.020
10.82.025 Effect of recognizance—Execution of judgment after sixty days. Such sureties shall be approved by
the clerk, and the entry of the recognizance shall be written
immediately following the judgment, and signed by the bail,
and shall have the same effect as a judgment, and if the fine
or costs be not paid at the expiration of the sixty days, a joint
execution shall issue against the defendant and the bail, and
an execution against the body of the defendant, who shall be
committed to jail, to be released as provided in *this act, in
committal for default to pay or secure the fine and costs.
[Code 1881 § 1124; 1873 p 243 § 282; 1854 p 124 § 146;
RRS § 2205. Formerly RCW 10.82.020, part.]
10.82.025
*Reviser’s note: The term "this act" apparently refers to "An act to regulate the practice and pleadings in prosecutions for crimes" first enacted by
Laws of 1854, page 100.
10.82.030 Commitment for failure to pay fine and
costs—Execution against defendant’s property—Reduction by payment, labor, or confinement. If any person
ordered into custody until the fine and costs adjudged against
him or her be paid shall not, within five days, pay, or cause
the payment of the same to be made, the clerk of the court
shall issue a warrant to the sheriff commanding him or her to
imprison such defendant in the county jail until the amount of
such fine and costs owing are paid. Execution may at any
time issue against the property of the defendant for that portion of such fine and costs not reduced by the application of
this section. The amount of such fine and costs owing shall
be the whole of such fine and costs reduced by the amount of
any portion thereof paid, and an amount established by the
county legislative authority for every day the defendant performs labor as provided in RCW 10.82.040, and a lesser
amount established by the county legislative authority for
every day the defendant does not perform such labor while
imprisoned. [2010 c 8 § 1064; 1991 c 183 § 1; 1983 c 276 §
2; 1967 c 200 § 4; 1891 c 28 § 84; 1883 p 38 § 1, part; Code
1881 § 1125; 1873 p 243 § 283; 1854 p 124 § 147; RRS §
2206. Formerly RCW 10.82.030 and 10.82.050.]
10.82.030
form labor to reduce the amount owing of the fine and costs.
[2010 c 8 § 1065; 1967 c 200 § 5; 1883 p 38 § 1, part; Code
1881 § 1129; 1877 p 206 § 8; 1873 p 243 § 287; 1854 p 124
§ 151; RRS § 2209, part.]
Additional notes found at www.leg.wa.gov
10.82.070 Disposition of monetary payments. (1) All
sums of money derived from costs, fines, penalties, and forfeitures imposed or collected, in whole or in part, by a superior court for violation of orders of injunction, mandamus and
other like writs, for contempt of court, or for breach of the
penal laws shall be paid in cash by the person collecting the
same, within twenty days after the collection, to the county
treasurer of the county in which the same have accrued.
(2) Except as provided in RCW 10.99.080, the county
treasurer shall remit monthly thirty-two percent of the money
received under this section except for certain costs to the state
treasurer for deposit in the state general fund and shall
deposit the remainder as provided by law. "Certain costs" as
used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040,
or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040,
or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific
reimbursement of costs incurred by the state or county in the
prosecution of the case, including the fees of defense counsel.
Costs or assessments awarded to dedicated accounts, state or
local, are not subject to this state allocation or to RCW
7.68.035.
(3) All fees, fines, forfeitures and penalties collected or
assessed by a district court because of the violation of a state
law shall be remitted as provided in chapter 3.62 RCW as
now exists or is later amended. All fees, fines, forfeitures,
and penalties collected or assessed by a superior court in
cases on appeal from a lower court shall be remitted to the
municipal or district court from which the cases were
appealed. [2009 c 479 § 13; 2004 c 15 § 6; 1995 c 292 § 3;
1988 c 169 § 5; 1987 c 202 § 169; 1985 c 389 § 7; 1984 c 258
§ 313; 1969 ex.s. c 199 § 11; 1967 c 122 § 1; 1965 c 158 § 16;
1919 c 30 § 1; 1909 p 323 § 9; 1897 c 118 § 113; 1895 c 68 §
1; 1890 p 383 § 89; 1886 p 20 § 58; Code 1881 § 3211; 1873
p 421 § 3; RRS § 4940. Formerly codified as RCW
9.01.140.]
10.82.070
Effective date—2009 c 479: See note following RCW 2.56.030.
Intent—2004 c 15: See note following RCW 10.99.080.
Intent—1987 c 202: See note following RCW 2.04.190.
Intent—1984 c 258: See note following RCW 3.34.130.
Additional notes found at www.leg.wa.gov
Commitment until fines and costs are paid: RCW 10.70.010.
Fine and costs, liability of defendant, collection procedure, contempt, commitment, execution: RCW 10.01.160 through 10.01.180.
Additional notes found at www.leg.wa.gov
10.82.040 Commitment for failure to pay fine and
costs—Reduction of amount by performance of labor.
When a defendant is committed to jail, on failure to pay any
fines and costs, he or she shall, under the supervision of the
county sheriff and subject to the terms of any ordinances
adopted by the county commissioners, be permitted to per10.82.040
[Title 10 RCW—page 64]
10.82.080 Unlawful receipt of public assistance—
Deduction from subsequent assistance payments—Restitution payments. (1) When a superior court has, as a condition of the sentence for a person convicted of the unlawful
receipt of public assistance, ordered restitution to the state of
that overpayment or a portion thereof:
(a) The department of social and health services shall
deduct the overpayment from subsequent assistance payments as provided in RCW 43.20B.630, when the person is
receiving public assistance; or
10.82.080
(2010 Ed.)
Rewards
(b) Ordered restitution payments may be made at the
direction of the court to the clerk of the appropriate county or
directly to the department of social and health services when
the person is not receiving public assistance.
(2) However, if payments are received by the county
clerk, each payment shall be transmitted to the department of
social and health services within forty-five days after receipt
by the county. [1987 c 75 § 2; 1985 c 245 § 2; 1982 c 201 §
1.]
Additional notes found at www.leg.wa.gov
10.82.090 Interest on judgments—Disposition of
nonrestitution interest. (1) Except as provided in subsection (2) of this section, financial obligations imposed in a
judgment shall bear interest from the date of the judgment
until payment, at the rate applicable to civil judgments. All
nonrestitution interest retained by the court shall be split
twenty-five percent to the state treasurer for deposit in the
state general fund, twenty-five percent to the state treasurer
for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the county
current expense fund, and twenty-five percent to the county
current expense fund to fund local courts.
(2) The court may, on motion by the offender, following
the offender’s release from total confinement, reduce or
waive the interest on legal financial obligations levied as a
result of a criminal conviction. The court may reduce or
waive the interest only as an incentive for the offender to
meet his or her legal financial obligations. The court may not
waive the interest on the restitution portion of the legal financial obligation and may only reduce the interest on the restitution portion of the legal financial obligation if the principal
of the restitution has been paid in full. The offender must
show that he or she has personally made a good faith effort to
pay, that the interest accrual is causing a significant hardship,
and that he or she will be unable to pay the principal and
interest in full and that reduction or waiver of the interest will
likely enable the offender to pay the full principal and any
remaining interest thereon. For purposes of this section,
"good faith effort" means that the offender has either (a) paid
the principal amount in full; or (b) made twenty-four consecutive monthly payments, excluding any payments mandatorily deducted by the department of corrections, on his or her
legal financial obligations under his or her payment agreement with the court. The court may grant the motion, establish a payment schedule, and retain jurisdiction over the
offender for purposes of reviewing and revising the reduction
or waiver of interest. This section applies to persons convicted as adults or in juvenile court. [2009 c 479 § 14; 2004
c 121 § 1; 1995 c 291 § 7; 1989 c 276 § 3.]
10.82.090
Effective date—2009 c 479: See note following RCW 2.56.030.
Additional notes found at www.leg.wa.gov
Chapter 10.85
Chapter 10.85 RCW
REWARDS
Sections
10.85.030
10.85.040
(2010 Ed.)
Rewards by counties, cities, towns, port commissions authorized.
Conflicting claims.
10.85.900
10.85.050
10.85.900
Payment of rewards.
Severability—1979 ex.s. c 53.
Offer of rewards by governor: RCW 43.06.010(8).
10.85.030
10.85.030 Rewards by counties, cities, towns, port
commissions authorized. The legislative authority of any
county in the state, a port commission, or the governing body
of a city or town, when in its opinion the public good requires
it, is hereby authorized to offer and pay a suitable reward to
any person or persons for information leading to:
(a) The arrest of a specified person or persons convicted
of or charged with any criminal offense; or
(b) The arrest and conviction of a person or persons committing a specified criminal offense.
In the event of crimes against county, port district, city,
or town property, including but not limited to road signs,
vehicles, buildings, or any other type of county, port district,
city, or town property, the legislative authority of any county,
a port commission, or the governing body of a city or town
may offer and pay a suitable reward to any person or persons
who shall furnish information leading to the arrest and conviction of any person of any offense against this county, port
district, city, or town property, including but not limited to
those offenses set forth in RCW 9A.48.070 through
9A.48.090, whether or not the offense is a felony, gross misdemeanor, or misdemeanor. [1986 c 185 § 1; 1981 c 211 § 1;
1979 ex.s. c 53 § 1; 1975-’76 2nd ex.s. c 25 § 1; 1886 p 124
§ 1; RRS § 2249.]
10.85.040
10.85.040 Conflicting claims. When more than one
claimant applies for the payment of any reward, offered by
any county legislative authority, board of commissioners of a
port district, or city or town governing body, the county legislative authority, board of commissioners of a port district,
or city or town governing body shall determine to whom the
same shall be paid, and if to more than one person, in what
proportion to each; and their determination shall be final and
conclusive. [1986 c 185 § 2; 1979 ex.s. c 53 § 2; 1886 p 124
§ 3; RRS § 2251.]
10.85.050
10.85.050 Payment of rewards. Whenever any reward
has been offered by any county legislative authority, board of
commissioners of a port district, or city or town governing
body in the state under RCW 10.85.030, the person or persons providing the information shall be entitled to the reward,
and the county legislative authority, board of commissioners
of a port district, or city or town governing body which has
offered the reward is authorized to draw a warrant or warrants
out of any money in the county, port district, or city or town
treasury, as appropriate, not otherwise appropriated. [1986 c
185 § 3; 1979 ex.s. c 53 § 3; 1886 p 124 § 2; RRS § 2250.]
10.85.900
10.85.900 Severability—1979 ex.s. c 53. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 53 § 6.]
[Title 10 RCW—page 65]
Chapter 10.88
Title 10 RCW: Criminal Procedure
Chapter 10.88 RCW
UNIFORM CRIMINAL EXTRADITION ACT
Chapter 10.88
Sections
10.88.200
10.88.210
10.88.220
10.88.230
10.88.240
10.88.250
10.88.260
10.88.270
10.88.280
10.88.290
10.88.300
10.88.310
10.88.320
10.88.330
10.88.340
10.88.350
10.88.360
10.88.370
10.88.380
10.88.390
10.88.400
10.88.410
10.88.415
10.88.420
10.88.430
10.88.440
10.88.450
10.88.460
10.88.900
10.88.910
10.88.920
10.88.930
Definitions.
Authority of governor.
Demand for extradition—Requirements.
Investigation of demand—Report.
Return or surrender of person charged in another state.
Surrender of person charged with crime committed in state
other than demanding state.
Warrant of arrest.
Authority of officer or other person under warrant.
Authority to command assistance.
Rights of person arrested.
Delivery of person in violation of RCW 10.88.290—Penalty.
Confinement of prisoner.
Charge or complaint—Warrant of arrest.
Arrest without warrant.
Preliminary examination—Commitment.
Bail.
Failure to make timely arrest or demand for extradition.
Failure to appear—Bond forfeiture—Arrest—Recovery on
bond.
Pending criminal prosecution in this state.
Recall or reissuance of warrant.
Demand by governor of this state for extradition—Warrant—
Agent.
Application for requisition for return of person—Contents—
Affidavits—Copies.
Delivery without governor’s warrant.
Civil process—Service on extradited person.
Waiver of extradition.
Rights, powers, privileges or jurisdiction of state not waived.
Trial for other crimes.
Extradition or surrender of obligor—Uniform interstate family
support act.
Construction—1971 ex.s. c 46.
Short title.
Effective date—1971 ex.s. c 46.
Severability—1971 ex.s. c 46.
Fugitives of this state: Chapter 10.34 RCW.
Interstate compact on juveniles: Chapter 13.24 RCW.
Return of parole violators from another state: RCW 9.95.280 through
9.95.300.
10.88.200 Definitions. Where appearing in this chapter,
the term "governor" includes any person performing the
functions of governor by authority of the law of this state.
The term "executive authority" includes the governor, and
any person performing the functions of governor in a state
other than this state, and the term "state" referring to a state
other than this state refers to any other state, or the District of
Columbia, or territory organized or unorganized of the
United States of America. [1971 ex.s. c 46 § 1.]
10.88.200
Reviser’s note: Throughout this chapter, the phrase "this act" has been
changed to "this chapter." This act [1971 ex.s. c 46] consists of this chapter,
the 1971 amendment of RCW 26.21.050, and the repeal of RCW 10.88.010
through 10.88.060.
10.88.210 Authority of governor. Subject to the provisions of this chapter, the provisions of the Constitution of the
United States controlling, and any and all acts of congress
enacted in pursuance thereof, the governor of this state may
in his or her discretion have arrested and delivered up to the
executive authority of any other state of the United States any
person charged in that state with treason, felony, or other
crime, who has fled from justice and is found in this state.
[2010 c 8 § 1066; 1971 ex.s. c 46 § 2.]
10.88.220 Demand for extradition—Requirements.
No demand for the extradition of a person charged with crime
in another state shall be recognized by the governor unless in
writing alleging, except in cases arising under RCW
10.88.250, that the accused was present in the demanding
state at the time of the commission of the alleged crime, and
that thereafter he or she fled from the state, and accompanied
by a copy of an indictment found or by information supported
by affidavit in the state having jurisdiction of the crime, or by
a copy of an affidavit made before a magistrate there,
together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement
by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the
terms of his or her bail, probation, or parole. The indictment,
information, or affidavit made before the magistrate must
substantially charge the person demanded with having committed a crime under the law of that state; and the copy of
indictment, information, affidavit, judgment of conviction, or
sentence must be certified or authenticated by the executive
authority making the demand. [2010 c 8 § 1067; 1971 ex.s. c
46 § 3.]
10.88.220
10.88.230 Investigation of demand—Report. When a
demand shall be made upon the governor of this state by the
executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the
attorney general or any prosecuting officer in this state to
investigate or assist in investigating the demand, and to report
to him or her the situation and circumstances of the person so
demanded, and whether he or she ought to be surrendered.
[2010 c 8 § 1068; 1971 ex.s. c 46 § 4.]
10.88.230
10.88.240 Return or surrender of person charged in
another state. When it is desired to have returned to this
state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then
pending against him or her in another state, the governor of
this state may agree with the executive authority of such other
state for the extradition of such person before the conclusion
of such proceedings or his or her term of sentence in such
other state, upon condition that such person be returned to
such other state at the expense of this state as soon as the
prosecution in this state is terminated.
The governor of this state may also surrender on demand
of the executive authority of any other state any person in this
state who is charged in the manner provided in RCW
10.88.410 with having violated the laws of the state whose
executive authority is making the demand, even though such
person left the demanding state involuntarily. [2010 c 8 §
1069; 1971 ex.s. c 46 § 5.]
10.88.240
10.88.210
[Title 10 RCW—page 66]
10.88.250 Surrender of person charged with crime
committed in state other than demanding state. The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state
charged in such other state in the manner provided in RCW
10.88.220 with committing an act in this state, or in a third
state, intentionally resulting in a crime in the state whose
executive authority is making the demand, and the provisions
10.88.250
(2010 Ed.)
Uniform Criminal Extradition Act
of this chapter not otherwise inconsistent, shall apply to such
cases, even though the accused was not in that state at the
time of the commission of the crime, and has not fled therefrom. [1971 ex.s. c 46 § 6.]
10.88.260 Warrant of arrest. If the governor decides
that the demand should be complied with, he or she shall sign
a warrant of arrest, which shall be sealed with the state seal,
and be directed to any peace officer or other person whom he
or she may think fit to entrust with the execution thereof. The
warrant must substantially recite the facts necessary to the
validity of its issuance. [2010 c 8 § 1070; 1971 ex.s. c 46 §
7.]
10.88.260
10.88.270 Authority of officer or other person under
warrant. Such warrant shall authorize the peace officer or
other person to whom directed to arrest the accused at any
time and any place where he or she may be found within the
state and to command the aid of all peace officers or other
persons in the execution of the warrant, and to deliver the
accused, subject to the provisions of this chapter to the duly
authorized agent of the demanding state. [2010 c 8 § 1071;
1971 ex.s. c 46 § 8.]
10.88.270
10.88.280 Authority to command assistance. Every
such peace officer or other person empowered to make the
arrest, shall have the same authority, in arresting the accused,
to command assistance therein, as peace officers have by law
in the execution of any criminal process directed to them,
with like penalties against those who refuse their assistance.
[1971 ex.s. c 46 § 9.]
10.88.280
10.88.290 Rights of person arrested. No person
arrested upon such warrant shall be delivered over to the
agent whom the executive authority demanding him or her
shall have appointed to receive him or her unless he or she
shall first be taken forthwith before a judge of a court of
record in this state, who shall inform him or her of the
demand made for his or her surrender and of the crime with
which he or she is charged, and that he or she has the right to
demand and procure legal counsel; and if the prisoner or his
or her counsel shall state that he or she or they desire to test
the legality of his or her arrest, the judge of such court of
record shall fix a reasonable time to be allowed him or her
within which to apply for a writ of habeas corpus. When such
writ is applied for, notice thereof, and of the time and place of
hearing thereon, shall be given to the prosecuting officer of
the county in which the arrest is made and in which the
accused is in custody, and to the said agent of the demanding
state: PROVIDED, That the hearing provided for in this section shall not be available except as may be constitutionally
required if a hearing on the legality of arrest has been held
pursuant to RCW 10.88.320 or 10.88.330. [2010 c 8 § 1072;
1971 ex.s. c 46 § 10.]
10.88.290
10.88.300 Delivery of person in violation of RCW
10.88.290—Penalty. Any officer who shall deliver to the
agent for extradition of the demanding state a person in his or
her custody under the governor’s warrant, in wilful disobedience to RCW 10.88.290, shall be guilty of a gross misde10.88.300
(2010 Ed.)
10.88.320
meanor and, on conviction, shall be imprisoned in the county
jail for not more than one year, or be fined not more than one
thousand dollars, or both. [2010 c 8 § 1073; 1971 ex.s. c 46
§ 11.]
10.88.310
10.88.310 Confinement of prisoner. The officer or
persons executing the governor’s warrant of arrest, or the
agent of the demanding state to whom the prisoner may have
been delivered may, when necessary, confine the prisoner in
the jail of any county or city through which he or she may
pass; and the keeper of such jail must receive and safely keep
the prisoner until the officer or person having charge of him
or her is ready to proceed on his or her route, such officer or
person being chargeable with the expense of keeping.
The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been
delivered after waiving extradition in such other state, and
who is passing through this state with such a prisoner for the
purpose of immediately returning such prisoner to the
demanding state may, when necessary, confine the prisoner
in the jail of any county or city through which he or she may
pass; and the keeper of such jail must receive and safely keep
the prisoner until the officer or agent having charge of him or
her is ready to proceed on his or her route, such officer or
agent, however, being chargeable with the expense of keeping: PROVIDED, HOWEVER, That such officer or agent
shall produce and show to the keeper of such jail satisfactory
written evidence of the fact that he or she is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state.
Such prisoner shall not be entitled to demand a new requisition while in this state. [2010 c 8 § 1074; 1971 ex.s. c 46 §
12.]
10.88.320
10.88.320 Charge or complaint—Warrant of arrest.
Whenever any person within this state shall be charged on the
oath of any credible person before any judge or magistrate of
this state with the commission of any crime in any other state
and, except in cases arising under RCW 10.88.250, with having fled from justice, or with having been convicted of a
crime in that state and having escaped from confinement, or
having broken the terms of his or her bail, probation, or
parole, or whenever complaint shall have been made before
any judge or magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has
been committed in such other state and that the accused has
been charged in such state with the commission of the crime,
and, except in cases arising under RCW 10.88.250, has fled
from justice, or with having been convicted of a crime in that
state and having escaped from confinement, or having broken
the terms of his or her bail, probation, or parole and is
believed to be in this state, the judge or magistrate shall issue
a warrant directed to any peace officer commanding him or
her to apprehend the person named therein, wherever he or
she may be found in this state, and to bring him or her before
the same or any other judge, magistrate or court who or which
may be available in or convenient of access to the place
where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge
[Title 10 RCW—page 67]
10.88.330
Title 10 RCW: Criminal Procedure
or complaint and affidavit upon which the warrant is issued
shall be attached to the warrant. [2010 c 8 § 1075; 1971 ex.s.
c 46 § 13.]
10.88.330 Arrest without warrant. (1) The arrest of a
person may be lawfully made also by any peace officer or a
private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state
with a crime punishable by death or imprisonment for a term
exceeding one year, but when so arrested the accused must be
taken before a judge or magistrate with all practicable speed
and complaint must be made against him or her under oath
setting forth the ground for the arrest as in RCW 10.88.320;
and thereafter his or her answer shall be heard as if he or she
had been arrested on a warrant.
(2) An officer of the United States customs service or the
immigration and naturalization service may, without a warrant, arrest a person if:
(a) The officer is on duty;
(b) One or more of the following situations exists:
(i) The person commits an assault or other crime involving physical harm, defined and punishable under chapter
9A.36 RCW, against the officer or against any other person in
the presence of the officer;
(ii) The person commits an assault or related crime while
armed, defined and punishable under chapter 9.41 RCW,
against the officer or against any other person in the presence
of the officer;
(iii) The officer has reasonable cause to believe that a
crime as defined in (b)(i) or (ii) of this subsection has been
committed and reasonable cause to believe that the person to
be arrested has committed it;
(iv) The officer has reasonable cause to believe that a felony has been committed and reasonable cause to believe that
the person to be arrested has committed it; or
(v) The officer has received positive information by written, telegraphic, teletypic, telephonic, radio, or other authoritative source that a peace officer holds a warrant for the person’s arrest; and
(c) The regional commissioner of customs certifies to the
state of Washington that the customs officer has received
proper training within the agency to enable that officer to
enforce or administer this subsection. [2010 c 8 § 1076; 1979
ex.s. c 244 § 16; 1971 ex.s. c 46 § 14.]
10.88.330
Additional notes found at www.leg.wa.gov
10.88.340 Preliminary examination—Commitment.
If from the examination before the judge or magistrate it
appears that the person held is the person charged with having committed the crime alleged and, except in cases arising
under RCW 10.88.250, that he or she has fled from justice,
the judge or magistrate must, by a warrant reciting the accusation, commit him or her to the county jail for such a time
not exceeding thirty days and specified in the warrant, as will
enable the arrest of the accused to be made under a warrant of
the governor on a requisition of the executive authority of the
state having jurisdiction of the offense, unless the accused
give bail as provided in RCW 10.88.350, or until he or she
shall be legally discharged. [2010 c 8 § 1077; 1971 ex.s. c 46
§ 15.]
10.88.340
[Title 10 RCW—page 68]
10.88.350 Bail. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death
or life imprisonment under the laws of the state in which it
was committed, a judge or magistrate in this state may admit
the person arrested to bail by bond, with sufficient sureties,
and in such sum as he or she deems proper, conditioned for
his or her appearance before him or her at a time specified in
such a bond, and for his or her surrender, to be arrested upon
the warrant of the governor of this state. [2010 c 8 § 1078;
1971 ex.s. c 46 § 16.]
10.88.350
10.88.360 Failure to make timely arrest or demand
for extradition. If the accused is not arrested under warrant
of the governor by the expiration of the time specified in the
warrant or bond, a judge or magistrate may discharge him or
her or may recommit him or her for a further period not to
exceed sixty days, or a judge or magistrate judge may again
take bail for his or her appearance and surrender, as provided
in RCW 10.88.350, but within a period not to exceed sixty
days after the date of such new bond: PROVIDED, That the
governor may, except in cases in which the offense is punishable under laws of the demanding state by death or life
imprisonment, deny a demand for extradition when such
demand is not received by the governor before the expiration
of one hundred twenty days from the date of arrest in this
state of the alleged fugitive, in the absence of a showing of
good cause for such delay. [2010 c 8 § 1079; 1971 ex.s. c 46
§ 17.]
10.88.360
10.88.370 Failure to appear—Bond forfeiture—
Arrest—Recovery on bond. If the prisoner is admitted to
bail, and fails to appear and surrender himself or herself
according to the conditions of his or her bond, the judge, or
magistrate by proper order, shall declare the bond forfeited
and order his or her immediate arrest without warrant if he or
she be within this state. Recovery may be had on such bond
in the name of the state as in the case of other bonds given by
the accused in criminal proceedings within this state. [2010 c
8 § 1080; 1971 ex.s. c 46 § 18.]
10.88.370
10.88.380 Pending criminal prosecution in this state.
If a criminal prosecution has been instituted against such person under the laws of this state and is still pending the governor, in his or her discretion, either may surrender him or her
on demand of the executive authority of another state or hold
him or her until he or she has been tried and discharged or
convicted and punished in this state. [2010 c 8 § 1081; 1971
ex.s. c 46 § 19.]
10.88.380
10.88.390 Recall or reissuance of warrant. The governor may recall his or her warrant of arrest or may issue
another warrant whenever he or she deems proper. [2010 c 8
§ 1082; 1971 ex.s. c 46 § 20.]
10.88.390
10.88.400 Demand by governor of this state for
extradition—Warrant—Agent. Whenever the governor of
this state shall demand a person charged with crime or with
escaping from confinement or breaking the terms of his or her
bail, probation, or parole in this state, from the executive
authority of any other state, or from the appropriate authority
10.88.400
(2010 Ed.)
Uniform Criminal Extradition Act
of the District of Columbia authorized to receive such
demand under the laws of the United States, he or she shall
issue a warrant under the seal of this state, to some agent,
commanding him or her to receive the person so charged if
delivered to him or her and convey him or her to the proper
officer of the county in this state in which the offense was
committed. [2010 c 8 § 1083; 1971 ex.s. c 46 § 21.]
10.88.410
10.88.410 Application for requisition for return of
person—Contents—Affidavits—Copies. (1) When the
return to this state of a person charged with crime in this state
is required, the prosecuting attorney shall present to the governor his or her written application for a requisition for the
return of the person charged, in which application shall be
stated the name of the person so charged, the crime charged
against him or her, the approximate time, place, and circumstances of its commission, the state in which he or she is
believed to be, including the location of the accused therein at
the time the application is made and certifying that, in the
opinion of the said prosecuting attorney the ends of justice
require the arrest and return of the accused to this state for
trial and that the proceeding is not instituted to enforce a private claim.
(2) When the return to this state is required of a person
who has been convicted of a crime in this state and has
escaped from confinement or broken the terms of his or her
bail, probation, or parole, the prosecuting attorney of the
county in which the offense was committed, the parole board,
or the warden of the institution or sheriff of the county, from
which escape was made, shall present to the governor a written application for a requisition for the return of such person,
in which application shall be stated the name of the person,
the crime of which he or she was convicted, the circumstances of his or her escape from confinement or of the
breach of the terms of his or her bail, probation, or parole, the
state in which he or she is believed to be, including the location of the person therein at the time application is made.
(3) The application shall be verified by affidavit, shall be
executed in duplicate, and shall be accompanied by two certified copies of the indictment returned, or information and
affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged,
or of the judgment of conviction or of the sentence. The prosecuting officer, parole board, warden, or sheriff may also
attach such further affidavits and other documents in duplicate as he or she shall deem proper to be submitted with such
application. One copy of the application, with the action of
the governor indicated by endorsement thereon, and one of
the certified copies of the indictment, complaint, information,
and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the secretary of state to
remain of record in that office. The other copies of all papers
shall be forwarded with the governor’s requisition. [2010 c 8
§ 1084; 1971 ex.s. c 46 § 22.]
10.88.415
10.88.415 Delivery without governor’s warrant. A
law enforcement agency shall deliver a person in custody to
the accredited agent or agents of a demanding state without
the governor’s warrant provided that:
(2010 Ed.)
10.88.440
(1) Such person is alleged to have broken the terms of his
or her probation, parole, bail, or any other release of the
demanding state; and
(2) The law enforcement agency has received from the
demanding state an authenticated copy of a prior waiver of
extradition signed by such person as a term of his or her probation, parole, bail, or any other release of the demanding
state and photographs or fingerprints or other evidence properly identifying the person as the person who signed the
waiver. [2001 c 264 § 6.]
Effective date—2001 c 264: See note following RCW 9A.76.110.
10.88.420 Civil process—Service on extradited person. A person brought into this state by, or after waiver of,
extradition based on a criminal charge shall not be subject to
service of personal process in civil actions arising out of the
same facts as the criminal proceeding to answer which he or
she is being or has been returned, until he or she has been
finally convicted in the criminal proceeding, or, if acquitted,
until he or she has had reasonable opportunity to return to the
state from which he or she was extradited. [2010 c 8 § 1085;
1971 ex.s. c 46 § 23.]
10.88.420
10.88.430 Waiver of extradition. Any person arrested
in this state charged with having committed any crime in
another state or alleged to have escaped from confinement, or
broken the terms of his or her bail, probation, or parole may
waive the issuance and service of the warrant provided for in
RCW 10.88.260 and 10.88.270 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within
this state a writing which states that he or she consents to
return to the demanding state: PROVIDED, HOWEVER,
That before such waiver shall be executed or subscribed by
such person it shall be the duty of such judge to inform such
person of his or her rights to the issuance and service of a
warrant of extradition and to obtain a writ of habeas corpus as
provided for in RCW 10.88.290.
If and when such consent has been duly executed it shall
forthwith be forwarded to the office of the governor of this
state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to
the duly accredited agent or agents of the demanding state,
and shall deliver or cause to be delivered to such agent or
agents a copy of such consent: PROVIDED, HOWEVER,
That nothing in this section shall be deemed to limit the rights
of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure
be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or
of this state. [2010 c 8 § 1086; 1971 ex.s. c 46 § 24.]
10.88.430
10.88.440 Rights, powers, privileges or jurisdiction
of state not waived. Nothing in this chapter contained shall
be deemed to constitute a waiver by this state of its right,
power or privilege to try such demanded person for crime
committed within this state, or of its right, power or privilege
to regain custody of such person by extradition proceedings
or otherwise for the purpose of trial, sentence or punishment
for any crime committed within this state, nor shall any pro10.88.440
[Title 10 RCW—page 69]
10.88.450
Title 10 RCW: Criminal Procedure
ceedings had under this chapter which result in, or fail to
result in, extradition be deemed a waiver by this state of any
of its rights, privileges or jurisdiction in any way whatsoever.
[1971 ex.s. c 46 § 25.]
10.88.450 Trial for other crimes. After a person has
been brought back to this state by, or after waiver of extradition proceedings, he or she may be tried in this state for other
crimes which he or she may be charged with having committed here as well as that specified in the requisition for his or
her extradition. [2010 c 8 § 1087; 1971 ex.s. c 46 § 26.]
10.88.450
10.88.460 Extradition or surrender of obligor—Uniform interstate family support act. See chapter 26.21A
RCW.
10.88.460
10.88.900 Construction—1971 ex.s. c 46. The provisions of this chapter shall be so interpreted and construed as
to effectuate its general purposes to make uniform the law of
those states which enact it, to the extent which it has been
enacted by this state. [1971 ex.s. c 46 § 27.]
10.88.900
10.88.910 Short title. RCW 10.88.200 through
10.88.450 shall be known and may be cited as the Uniform
Criminal Extradition Act. [1971 ex.s. c 46 § 28.]
10.88.910
state, county or municipal peace unit of this state, to arrest
and hold in custody a person on the ground that he or she is
believed to have committed a felony or a violation of the laws
of such other state relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving while
impaired, or reckless driving in this state. [1998 c 205 § 1;
1943 c 261 § 1; Rem. Supp. 1943 § 2252-1. Formerly RCW
10.88.070.]
10.89.020
10.89.020 Preliminary examination by magistrate. If
an arrest is made in this state by an officer of another state in
accordance with the provisions of RCW 10.89.010, he or she
shall, without unnecessary delay, take the person arrested
before a magistrate of the county in which the arrest was
made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, he or she shall commit the
person arrested to await for a reasonable time the issuance of
an extradition warrant by the governor of this state. If the
magistrate determines that the arrest was unlawful, he or she
shall discharge the person arrested. [2010 c 8 § 1088; 1943 c
261 § 2; Rem. Supp. 1943 § 2252-2. Formerly RCW
10.88.080.]
10.89.030
10.88.920 Effective date—1971 ex.s. c 46. This act
shall become effective on July 1, 1971. [1971 ex.s. c 46 §
29.]
10.88.920
10.88.930 Severability—1971 ex.s. c 46. If any provisions of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect
other provisions or applications of the act which can be given
effect without the invalid provision or application, and to this
end the provisions of this act are declared to be severable.
[1971 ex.s. c 46 § 32.]
10.89.030 Construction as to lawfulness of arrest.
RCW 10.89.010 shall not be construed so as to make unlawful any arrest in this state which otherwise would be lawful.
[1943 c 261 § 3; Rem. Supp. 1943 § 2252-3. Formerly RCW
10.88.100.]
10.88.930
10.89.040
10.89.040 "State" includes District of Columbia. For
the purpose of this chapter the word "state" shall include the
District of Columbia. [1943 c 261 § 4; Rem. Supp. 1943 §
2252-4. Formerly RCW 10.88.110.]
10.89.050
Chapter 10.89
Chapter 10.89 RCW
UNIFORM ACT ON FRESH PURSUIT
Sections
10.89.010
10.89.020
10.89.030
10.89.040
10.89.050
10.89.060
10.89.070
10.89.080
Authority of foreign peace officer.
Preliminary examination by magistrate.
Construction as to lawfulness of arrest.
"State" includes District of Columbia.
"Fresh pursuit" defined.
Duty to send copies to other states.
Severability—1943 c 261.
Short title.
10.89.010 Authority of foreign peace officer. Any
member of a duly organized state, county or municipal peace
unit of another state of the United States who enters this state
in fresh pursuit, and continues within this state in such fresh
pursuit, of a person in order to arrest the person on the ground
that he or she is believed to have committed a felony in such
other state or a violation of the laws of such other state relating to driving while intoxicated, driving under the influence
of drugs or alcohol, driving while impaired, or reckless driving shall have the same authority to arrest and hold such person in custody as has any member of any duly organized
10.89.010
[Title 10 RCW—page 70]
10.89.050 "Fresh pursuit" defined. The term "fresh
pursuit" as used in this chapter, shall include fresh pursuit as
defined by the common law, and also the pursuit of a person
who has committed a felony or who reasonably is suspected
of having committed a felony or a violation of such other
state relating to driving while intoxicated, driving under the
influence of drugs or alcohol, driving while impaired, or
reckless driving. It shall also include the pursuit of a person
suspected of having committed a supposed felony, or a supposed violation of the laws relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving
while impaired, or reckless driving, though no felony or violation of the laws relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving while
impaired, or reckless driving actually has been committed, if
there is reasonable ground for believing that a felony or a violation of the laws relating to driving while intoxicated, driving under the influence of drugs or alcohol, driving while
impaired, or reckless driving has been committed. Fresh pursuit as used herein shall not necessarily imply instant pursuit,
but pursuit without unreasonable delay. [1998 c 205 § 2;
1943 c 261 § 5; Rem. Supp. 1943 § 2252-5. Formerly RCW
10.88.090.]
(2010 Ed.)
Uniform Rendition of Accused Persons Act
10.89.060 Duty to send copies to other states. Upon
the passage and approval by the governor of this chapter, it
shall be the duty of the secretary of state, or other officer, to
certify a copy of this chapter to the executive department of
each of the states of the United States. [1943 c 261 § 6; Rem.
Supp. 1943 § 2252-6.]
10.89.060
10.89.070 Severability—1943 c 261. If any part of this
chapter is for any reason declared void, it is declared to be the
intent of this chapter that such invalidity shall not affect the
validity of the remaining portions of this chapter. [1943 c
261 § 7; Rem. Supp. 1943 § 2252-7.]
10.89.070
10.89.080 Short title. This chapter may be cited as the
"Uniform Act on Fresh Pursuit." [1943 c 261 § 8; Rem.
Supp. 1943 § 2252-8.]
10.89.080
Chapter 10.91
Chapter 10.91 RCW
UNIFORM RENDITION OF
ACCUSED PERSONS ACT
Sections
10.91.010
10.91.020
10.91.030
10.91.040
10.91.050
10.91.900
10.91.910
10.91.920
Arrest and return of released person charged in another state—
Violation of release conditions—Request—Documents—
Warrant—Investigation.
Preliminary hearing—Waiver—Conditions of release.
Preliminary hearing—Investigation report—Findings—Order
authorizing return.
"Judicial officer of this state," "judicial officer" defined.
Costs.
Severability—1971 ex.s. c 17.
Construction—1971 ex.s. c 17.
Short title.
10.91.010 Arrest and return of released person
charged in another state—Violation of release conditions—Request—Documents—Warrant—Investigation.
(1) If a person who has been charged with crime in another
state and released from custody prior to final judgment,
including the final disposition of any appeal, is alleged to
have violated the terms and conditions of his or her release,
and is present in this state, a designated agent of the court,
judge, or magistrate which authorized the release may request
the issuance of a warrant for the arrest of the person and an
order authorizing his or her return to the demanding court,
judge, or magistrate. Before the warrant is issued, the designated agent must file with a judicial officer of this state the
following documents:
(a) An affidavit stating the name and whereabouts of the
person whose removal is sought, the crime with which the
person was charged, the time and place of the crime charged,
and the status of the proceedings against him or her;
(b) A certified copy of the order or other document specifying the terms and conditions under which the person was
released from custody; and
(c) A certified copy of an order of the demanding court,
judge, or magistrate stating the manner in which the terms
and the conditions of the release have been violated and designating the affiant its agent for seeking removal of the person.
(2) Upon initially determining that the affiant is a designated agent of the demanding court, judge, or magistrate, and
that there is a probable cause for believing that the person
10.91.010
(2010 Ed.)
10.91.900
whose removal is sought has violated the terms or conditions
of his or her release, the judicial officer shall issue a warrant
to a law enforcement officer of this state for the person’s
arrest.
(3) The judicial officer shall notify the prosecuting attorney of his or her action and shall direct him or her to investigate the case to ascertain the validity of the affidavits and
documents required by subsection (1) of this section and the
identity and authority of the affiant. [2010 c 8 § 1089; 1971
ex.s. c 17 § 2.]
10.91.020 Preliminary hearing—Waiver—Conditions of release. (1) The person whose removal is sought
shall be brought before the judicial officer without unnecessary delay upon arrest pursuant to the warrant; whereupon the
judicial officer shall set a time and place for hearing, and
shall advise the person of his or her right to have the assistance of counsel, to confront the witnesses against him or her,
and to produce evidence in his or her own behalf at the hearing.
(2) The person whose removal is sought may at this time
in writing waive the hearing and agree to be returned to the
demanding court, judge, or magistrate. If a waiver is executed, the judicial officer shall issue an order pursuant to
RCW 10.91.030.
(3) The judicial officer may impose conditions of release
authorized by the laws of this state which will reasonably
assure the appearance at the hearing of the person whose
removal is sought. [2010 c 8 § 1090; 1971 ex.s. c 17 § 3.]
10.91.020
10.91.030 Preliminary hearing—Investigation
report—Findings—Order authorizing return. The prosecuting attorney shall appear at the hearing and report to the
judicial officer the results of his or her investigation. If the
judicial officer finds that the affiant is a designated agent of
the demanding court, judge, or magistrate and that the person
whose removal is sought was released from custody by the
demanding court, judge, or magistrate, and that the person
has violated the terms or conditions of his or her release, the
judicial officer shall issue an order authorizing the return of
the person to the custody of the demanding court, judge, or
magistrate forthwith. [2010 c 8 § 1091; 1971 ex.s. c 17 § 4.]
10.91.030
10.91.040 "Judicial officer of this state," "judicial
officer" defined. For the purpose of this chapter "judicial
officer of this state" and "judicial officer" mean a judge of the
superior or district court. [1987 c 202 § 170; 1971 ex.s. c 17
§ 5.]
10.91.040
Intent—1987 c 202: See note following RCW 2.04.190.
10.91.050 Costs. The costs of the procedures required
by this chapter shall be borne by the demanding state, except
when the designated agent is not a public official. In any case
when the designated agent is not a public official, he or she
shall bear the cost of such procedures. [2010 c 8 § 1092;
1971 ex.s. c 17 § 9.]
10.91.050
10.91.900 Severability—1971 ex.s. c 17. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other
10.91.900
[Title 10 RCW—page 71]
10.91.910
Title 10 RCW: Criminal Procedure
provisions or applications of the act which can be given effect
without the invalid provision or application, and to this end
the provisions of this act are severable. [1971 ex.s. c 17 § 6.]
10.91.910 Construction—1971 ex.s. c 17. This chapter
shall be so construed as to effectuate its general purpose to
make uniform the law of those states which enact it. [1971
ex.s. c 17 § 7.]
10.91.910
10.91.920 Short title. This chapter may be cited as the
"Uniform Rendition of Accused Persons Act." [1971 ex.s. c
17 § 8.]
10.91.920
Chapter 10.92
Chapter 10.92 RCW
TRIBAL POLICE OFFICERS
Sections
10.92.010
10.92.020
Definitions.
Powers—Authority to act as general authority Washington
peace officer—Public liability and property damage insurance—Training requirements—Issuance of citation, notice
of infraction, or incident report—Jurisdiction—Civil liability—Sovereign tribal governments—Interlocal agreement.
10.92.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "General authority Washington peace officer" means
an officer authorized to enforce the criminal and traffic laws
of the state of Washington generally.
(2) "Tribal police officer" means any person in the
employ of one of the federally recognized sovereign tribal
governments, whose traditional lands and territories lie
within the borders of the state of Washington, to enforce the
criminal laws of that government. [2008 c 224 § 1.]
10.92.010
Effective date—2008 c 224: "This act takes effect July 1, 2008." [2008
c 224 § 4.]
10.92.020 Powers—Authority to act as general
authority Washington peace officer—Public liability and
property damage insurance—Training requirements—
Issuance of citation, notice of infraction, or incident
report—Jurisdiction—Civil liability—Sovereign tribal
governments—Interlocal agreement. (1) Tribal police
officers under subsection (2) of this section shall be recognized and authorized to act as general authority Washington
peace officers. A tribal police officer recognized and authorized to act as a general authority Washington peace officer
under this section has the same powers as any other general
authority Washington peace officer to enforce state laws in
Washington, including the power to make arrests for violations of state laws.
(2) A tribal police officer may exercise the powers of law
enforcement of a general authority Washington peace officer
under this section, subject to the following:
(a) The appropriate sovereign tribal nation shall submit
to the office of financial management proof of public liability
and property damage insurance for vehicles operated by the
peace officers and police professional liability insurance
from a company licensed to sell insurance in the state. For
purposes of determining adequacy of insurance liability, the
10.92.020
[Title 10 RCW—page 72]
sovereign tribal government must submit with the proof of
liability insurance a copy of the interlocal agreement between
the sovereign tribal government and the local governments
that have shared jurisdiction under this chapter where such an
agreement has been reached pursuant to subsection (10) of
this section.
(i) Within the thirty days of receipt of the information
from the sovereign tribal nation, the office of financial management shall either approve or reject the adequacy of insurance, giving consideration to the scope of the interlocal
agreement. The adequacy of insurance under this chapter
shall be subject to annual review by the state office of financial management.
(ii) Each policy of insurance issued under this chapter
must include a provision that the insurance shall be available
to satisfy settlements or judgments arising from the tortious
conduct of tribal police officers when acting in the capacity
of a general authority Washington peace officer, and that to
the extent of policy coverage neither the sovereign tribal
nation nor the insurance carrier will raise a defense of sovereign immunity to preclude an action for damages under state
or federal law, the determination of fault in a civil action, or
the payment of a settlement or judgment arising from the tortious conduct.
(b) The appropriate sovereign tribal nation shall submit
to the office of financial management proof of training
requirements for each tribal police officer. To be authorized
as a general authority Washington peace officer, a tribal
police officer must successfully complete the requirements
set forth under RCW 43.101.157. Any applicant not meeting
the requirements for certification as a tribal police officer
may not act as a general authority Washington peace officer
under this chapter. The criminal justice training commission
shall notify the office of financial management if:
(i) A tribal police officer authorized under this chapter as
a general authority Washington state peace officer has been
decertified pursuant to RCW 43.101.157; or
(ii) An appropriate sovereign tribal government is otherwise in noncompliance with RCW 43.101.157.
(3) A copy of any citation or notice of infraction issued,
or any incident report taken, by a tribal police officer acting
in the capacity of a general authority Washington peace
officer as authorized by this chapter must be submitted within
three days to the police chief or sheriff within whose jurisdiction the action was taken. Any citation issued under this
chapter shall be to a Washington court, except that any citation issued to Indians within the exterior boundaries of an
Indian reservation may be cited to a tribal court. Any arrest
made or citation issued not in compliance with this chapter is
not enforceable.
(4) Any authorization granted under this chapter shall
not in any way expand the jurisdiction of any tribal court or
other tribal authority.
(5) The authority granted under this chapter shall be
coextensive with the exterior boundaries of the reservation,
except that an officer commissioned under this section may
act as authorized under RCW 10.93.070 beyond the exterior
boundaries of the reservation.
(6) For purposes of civil liability under this chapter, a
tribal police officer shall not be considered an employee of
the state of Washington or any local government except
(2010 Ed.)
Washington Mutual Aid Peace Officers Powers Act
where a state or local government has deputized a tribal
police officer as a specially commissioned officer. Neither
the state of Washington and its individual employees nor any
local government and its individual employees shall be liable
for the authorization of tribal police officers under this chapter, nor for the negligence or other misconduct of tribal officers. The authorization of tribal police officers under this
chapter shall not be deemed to have been a nondelegable duty
of the state of Washington or any local government.
(7) Nothing in this chapter impairs or affects the existing
status and sovereignty of those sovereign tribal governments
whose traditional lands and territories lie within the borders
of the state of Washington as established under the laws of
the United States.
(8) Nothing in this chapter limits, impairs, or nullifies the
authority of a county sheriff to appoint duly commissioned
state or federally certified tribal police officers as deputy
sheriffs authorized to enforce the criminal and traffic laws of
the state of Washington.
(9) Nothing in this chapter limits, impairs, or otherwise
affects the existing authority under state or federal law of
state or local law enforcement officers to enforce state law
within the exterior boundaries of an Indian reservation or to
enter Indian country in fresh pursuit, as defined in RCW
10.93.120, of a person suspected of violating state law, where
the officer would otherwise not have jurisdiction.
(10) An interlocal agreement pursuant to chapter 39.34
RCW is required between the sovereign tribal government
and all local government law enforcement agencies that will
have shared jurisdiction under this chapter prior to authorization taking effect under this chapter. Nothing in this chapter
shall limit, impair, or otherwise affect the implementation of
an interlocal agreement completed pursuant to chapter 39.34
RCW by July 1, 2008, between a sovereign tribal government
and a local government law enforcement agency for cooperative law enforcement.
(a) Sovereign tribal governments that meet all of the
requirements of subsection (2) of this section, but do not have
an interlocal agreement pursuant to chapter 39.34 RCW and
seek authorization under this chapter, may submit proof of
liability insurance and training certification to the office of
financial management. Upon confirmation of receipt of the
information from the office of financial management, the
sovereign tribal government and the local government law
enforcement agencies that will have shared jurisdiction under
this chapter have one year to enter into an interlocal agreement pursuant to chapter 39.34 RCW. If the sovereign tribal
government and the local government law enforcement agencies that will have shared jurisdiction under this chapter are
not able to reach agreement after one year, the sovereign
tribal governments and the local government law enforcement agencies shall submit to binding arbitration pursuant to
chapter 7.04A RCW with the American arbitration association or successor agency for purposes of completing an agreement prior to authorization going into effect.
(b) For the purposes of (a) of this subsection, those sovereign tribal government and local government law enforcement agencies that must enter into binding arbitration shall
submit to last best offer arbitration. For purposes of accepting a last best offer, the arbitrator must consider other interlocal agreements between sovereign tribal governments and
(2010 Ed.)
10.93.020
local law enforcement agencies in Washington state, any
model policy developed by the Washington association of
sheriffs and police chiefs or successor agency, and national
best practices. [2008 c 224 § 2.]
Effective date—2008 c 224: See note following RCW 10.92.010.
Chapter 10.93 RCW
WASHINGTON MUTUAL AID PEACE OFFICERS
POWERS ACT
Chapter 10.93
Sections
10.93.001
10.93.020
10.93.030
10.93.040
10.93.050
10.93.060
10.93.070
10.93.080
10.93.090
10.93.100
10.93.110
10.93.120
10.93.130
10.93.140
10.93.900
Short title—Legislative intent—Construction.
Definitions.
Reporting use of authority under this chapter.
Liability for exercise of authority.
Supervisory control over peace officers.
Privileges and immunities applicable.
General authority peace officer—Powers of, circumstances.
Limited authority peace officer—No additional powers.
Specially commissioned peace officer—Powers of, circumstances.
Federal peace officers—No additional powers.
Attorney general—No additional powers.
Fresh pursuit, arrest.
Contracting authority of law enforcement agencies.
State patrol, fish and wildlife exempted.
Effective date—1985 c 89.
10.93.001 Short title—Legislative intent—Construction. (1) This chapter may be known and cited as the Washington mutual aid peace officer powers act of 1985.
(2) It is the intent of the legislature that current artificial
barriers to mutual aid and cooperative enforcement of the
laws among general authority local, state, and federal agencies be modified pursuant to this chapter.
(3) This chapter shall be liberally construed to effectuate
the intent of the legislature to modify current restrictions
upon the limited territorial and enforcement authority of general authority peace officers and to effectuate mutual aid
among agencies.
(4) The modification of territorial and enforcement
authority of the various categories of peace officers covered
by this chapter shall not create a duty to act in extraterritorial
situations beyond any duty which may otherwise be imposed
by law or which may be imposed by the primary commissioning agency. [1985 c 89 § 1.]
10.93.001
10.93.020 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "General authority Washington law enforcement
agency" means any agency, department, or division of a
municipal corporation, political subdivision, or other unit of
local government of this state, and any agency, department,
or division of state government, having as its primary function the detection and apprehension of persons committing
infractions or violating the traffic or criminal laws in general,
as distinguished from a limited authority Washington law
enforcement agency, and any other unit of government
expressly designated by statute as a general authority Washington law enforcement agency. The Washington state patrol
and the department of fish and wildlife are general authority
Washington law enforcement agencies.
10.93.020
[Title 10 RCW—page 73]
10.93.030
Title 10 RCW: Criminal Procedure
(2) "Limited authority Washington law enforcement
agency" means any agency, political subdivision, or unit of
local government of this state, and any agency, department,
or division of state government, having as one of its functions
the apprehension or detection of persons committing infractions or violating the traffic or criminal laws relating to limited subject areas, including but not limited to, the state
departments of natural resources and social and health services, the state gambling commission, the state lottery commission, the state parks and recreation commission, the state
utilities and transportation commission, the state liquor control board, the office of the insurance commissioner, and the
state department of corrections.
(3) "General authority Washington peace officer" means
any full-time, fully compensated and elected, appointed, or
employed officer of a general authority Washington law
enforcement agency who is commissioned to enforce the
criminal laws of the state of Washington generally.
(4) "Limited authority Washington peace officer" means
any full-time, fully compensated officer of a limited authority
Washington law enforcement agency empowered by that
agency to detect or apprehend violators of the laws in some or
all of the limited subject areas for which that agency is
responsible. A limited authority Washington peace officer
may be a specially commissioned Washington peace officer
if otherwise qualified for such status under this chapter.
(5) "Specially commissioned Washington peace officer",
for the purposes of this chapter, means any officer, whether
part-time or full-time, compensated or not, commissioned by
a general authority Washington law enforcement agency to
enforce some or all of the criminal laws of the state of Washington, who does not qualify under this chapter as a general
authority Washington peace officer for that commissioning
agency, specifically including reserve peace officers, and
specially commissioned full-time, fully compensated peace
officers duly commissioned by the states of Oregon or Idaho
or any such peace officer commissioned by a unit of local
government of Oregon or Idaho. A reserve peace officer is an
individual who is an officer of a Washington law enforcement agency who does not serve such agency on a full-time
basis but who, when called by the agency into active service,
is fully commissioned on the same basis as full-time peace
officers to enforce the criminal laws of the state.
(6) "Federal peace officer" means any employee or agent
of the United States government who has the authority to
carry firearms and make warrantless arrests and whose duties
involve the enforcement of criminal laws of the United
States.
(7) "Agency with primary territorial jurisdiction" means
a city or town police agency which has responsibility for
police activity within its boundaries; or a county police or
sheriff’s department which has responsibility with regard to
police activity in the unincorporated areas within the county
boundaries; or a statutorily authorized port district police
agency or four-year state college or university police agency
which has responsibility for police activity within the statutorily authorized enforcement boundaries of the port district,
state college, or university.
(8) "Primary commissioning agency" means (a) the
employing agency in the case of a general authority Washington peace officer, a limited authority Washington peace
[Title 10 RCW—page 74]
officer, an Indian tribal peace officer, or a federal peace
officer, and (b) the commissioning agency in the case of a
specially commissioned Washington peace officer (i) who is
performing functions within the course and scope of the special commission and (ii) who is not also a general authority
Washington peace officer, a limited authority Washington
peace officer, an Indian tribal peace officer, or a federal peace
officer.
(9) "Primary function of an agency" means that function
to which greater than fifty percent of the agency’s resources
are allocated.
(10) "Mutual law enforcement assistance" includes, but
is not limited to, one or more law enforcement agencies aiding or assisting one or more other such agencies through
loans or exchanges of personnel or of material resources, for
law enforcement purposes. [2006 c 284 § 16; 2002 c 128 § 1;
1994 c 264 § 3; 1988 c 36 § 5; 1985 c 89 § 2.]
Severability—Effective date—2006 c 284: See RCW 48.135.900 and
48.135.901.
10.93.030
10.93.030 Reporting use of authority under this
chapter. The circumstances surrounding any actual exercise
of peace officer authority under this chapter shall be timely
reported, after the fact, to the Washington law enforcement
agency with primary territorial jurisdiction and shall be subject to any reasonable reporting procedure which may be
established by such agency. [1985 c 89 § 3.]
10.93.040
10.93.040 Liability for exercise of authority. Any liability or claim of liability which arises out of the exercise or
alleged exercise of authority by an officer acting within the
course and scope of the officer’s duties as a peace officer
under this chapter is the responsibility of the primary commissioning agency unless the officer acts under the direction
and control of another agency or unless the liability is otherwise allocated under a written agreement between the primary commissioning agency and another agency. [1985 c 89
§ 4.]
10.93.050
10.93.050 Supervisory control over peace officers.
All persons exercising peace officer powers under this chapter are subject to supervisory control of and limitations
imposed by the primary commissioning agency, but the primary commissioning agency may, by agreement with another
agency, temporarily delegate supervision over the peace
officer to another agency. [1985 c 89 § 5.]
10.93.060
10.93.060 Privileges and immunities applicable. All
of the privileges and immunities from liability, exemption
from laws, ordinances, and rules, all pension, relief, disability, worker’s compensation insurance, and other benefits
which apply to the activity of officers, agents, or employees
of any law enforcement agency when performing their
respective functions within the territorial limits of their
respective agencies shall apply to them and to their primary
commissioning agencies to the same degree and extent while
such persons are engaged in the performance of authorized
functions and duties under this chapter. [1985 c 89 § 6.]
(2010 Ed.)
Capital Punishment—Aggravated First Degree Murder
10.93.070 General authority peace officer—Powers
of, circumstances. In addition to any other powers vested by
law, a general authority Washington peace officer who possesses a certificate of basic law enforcement training or a certificate of equivalency or has been exempted from the
requirement therefor by the Washington state criminal justice
training commission may enforce the traffic or criminal laws
of this state throughout the territorial bounds of this state,
under the following enumerated circumstances:
(1) Upon the prior written consent of the sheriff or chief
of police in whose primary territorial jurisdiction the exercise
of the powers occurs;
(2) In response to an emergency involving an immediate
threat to human life or property;
(3) In response to a request for assistance pursuant to a
mutual law enforcement assistance agreement with the
agency of primary territorial jurisdiction or in response to the
request of a peace officer with enforcement authority;
(4) When the officer is transporting a prisoner;
(5) When the officer is executing an arrest warrant or
search warrant; or
(6) When the officer is in fresh pursuit, as defined in
RCW 10.93.120. [1985 c 89 § 7.]
10.93.070
10.93.080 Limited authority peace officer—No additional powers. A limited authority Washington peace officer
shall have no additional powers by virtue of this chapter but
shall be limited to those powers already vested by law or
hereafter created by separate enactment. [1985 c 89 § 8.]
10.93.080
Chapter 10.95
may proceed in fresh pursuit of a person (a) who is reasonably believed to have committed a violation of traffic or criminal laws, or (b) for whom such officer holds a warrant of
arrest, and such peace officer shall have the authority to arrest
and to hold such person in custody anywhere in the state.
(2) The term "fresh pursuit," as used in this chapter,
includes, without limitation, fresh pursuit as defined by the
common law. Fresh pursuit does not necessarily imply immediate pursuit, but pursuit without unreasonable delay. [1985
c 89 § 12.]
10.93.130 Contracting authority of law enforcement
agencies. Under the interlocal cooperation act, chapter 39.34
RCW, any law enforcement agency referred to by this chapter may contract with any other such agency and may also
contract with any law enforcement agency of another state, or
such state’s political subdivision, to provide mutual law
enforcement assistance. The agency with primary territorial
jurisdiction may require that officers from participating agencies meet reasonable training or certification standards or
other reasonable standards. [1985 c 89 § 13.]
10.93.130
10.93.140 State patrol, fish and wildlife exempted.
This chapter does not limit the scope of jurisdiction and
authority of the Washington state patrol and the department
of fish and wildlife as otherwise provided by law, and these
agencies shall not be bound by the reporting requirements of
RCW 10.93.030. [2002 c 128 § 2; 1985 c 89 § 14.]
10.93.140
10.93.900 Effective date—1985 c 89. This act shall
take effect July 1, 1985. [1985 c 89 § 17.]
10.93.900
10.93.090 Specially commissioned peace officer—
Powers of, circumstances. A specially commissioned
Washington peace officer who has successfully completed a
course of basic training prescribed or approved for such officers by the Washington state criminal justice training commission may exercise any authority which the special commission vests in the officer, throughout the territorial bounds of
the state, outside of the officer’s primary territorial jurisdiction under the following circumstances:
(1) The officer is in fresh pursuit, as defined in RCW
10.93.120; or
(2) The officer is acting pursuant to mutual law enforcement assistance agreement between the primary commissioning agency and the agency with primary territorial jurisdiction. [1985 c 89 § 9.]
10.93.090
Chapter 10.95 RCW
CAPITAL PUNISHMENT—AGGRAVATED FIRST
DEGREE MURDER
Chapter 10.95
Sections
10.95.010
10.95.020
10.95.030
10.95.040
10.95.050
10.95.060
10.95.070
10.95.080
10.93.100 Federal peace officers—No additional
powers. Federal peace officers shall have no additional powers by virtue of this chapter but shall be limited to those powers already vested by law or hereafter created by separate
enactment. [1985 c 89 § 10.]
10.93.100
10.93.110 Attorney general—No additional powers.
The attorney general shall have no additional powers by virtue of this chapter but shall be limited to those powers already
vested by law or hereafter created by separate enactment.
[1985 c 89 § 11.]
10.93.110
10.95.090
10.95.100
10.95.110
10.95.120
10.95.130
10.95.140
10.95.150
10.95.160
10.93.120 Fresh pursuit, arrest. (1) Any peace officer
who has authority under Washington law to make an arrest
10.93.120
(2010 Ed.)
10.95.170
10.95.180
Court rules.
Definition.
Sentences for aggravated first degree murder.
Special sentencing proceeding—Notice—Filing—Service.
Special sentencing proceeding—When held—Jury to decide
matters presented—Waiver—Reconvening same jury—
Impanelling new jury—Peremptory challenges.
Special sentencing proceeding—Jury instructions—Opening
statements—Evidence—Arguments—Question for jury.
Special sentencing proceeding—Factors which jury may consider in deciding whether leniency merited.
When sentence to death or sentence to life imprisonment shall
be imposed.
Sentence if death sentence commuted, held invalid, or if death
sentence established by chapter held invalid.
Mandatory review of death sentence by supreme court—
Notice—Transmittal—Contents of notice—Jurisdiction.
Verbatim report of trial proceedings—Preparation—Transmittal to supreme court—Clerk’s papers—Receipt.
Information report—Form—Contents—Submission to
supreme court, defendant, prosecuting attorney.
Questions posed for determination by supreme court in death
sentence review—Review in addition to appeal—Consolidation of review and appeal.
Invalidation of sentence, remand for resentencing—Affirmation of sentence, remand for execution.
Time limit for appellate review of death sentence and filing
opinion.
Death warrant—Issuance—Form—Time for execution of
judgment and sentence.
Imprisonment of defendant.
Death penalty—How executed.
[Title 10 RCW—page 75]
10.95.010
10.95.185
10.95.190
10.95.200
10.95.900
10.95.901
Title 10 RCW: Criminal Procedure
Witnesses.
Death warrant—Record—Return to trial court.
Proceedings for failure to execute on day named.
Severability—1981 c 138.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Homicide: Chapter 9A.32 RCW.
10.95.010 Court rules. No rule promulgated by the
supreme court of Washington pursuant to RCW 2.04.190 and
2.04.200, now or in the future, shall be construed to supersede or alter any of the provisions of this chapter. [1981 c
138 § 1.]
10.95.010
10.95.020 Definition. A person is guilty of aggravated
first degree murder, a class A felony, if he or she commits
first degree murder as defined by RCW 9A.32.030(1)(a), as
now or hereafter amended, and one or more of the following
aggravating circumstances exist:
(1) The victim was a law enforcement officer, corrections officer, or firefighter who was performing his or her
official duties at the time of the act resulting in death and the
victim was known or reasonably should have been known by
the person to be such at the time of the killing;
(2) At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was
on authorized or unauthorized leave in or from a state facility
or program for the incarceration or treatment of persons adjudicated guilty of crimes;
(3) At the time of the act resulting in death, the person
was in custody in a county or county-city jail as a consequence of having been adjudicated guilty of a felony;
(4) The person committed the murder pursuant to an
agreement that he or she would receive money or any other
thing of value for committing the murder;
(5) The person solicited another person to commit the
murder and had paid or had agreed to pay money or any other
thing of value for committing the murder;
(6) The person committed the murder to obtain or maintain his or her membership or to advance his or her position
in the hierarchy of an organization, association, or identifiable group;
(7) The murder was committed during the course of or as
a result of a shooting where the discharge of the firearm, as
defined in RCW 9.41.010, is either from a motor vehicle or
from the immediate area of a motor vehicle that was used to
transport the shooter or the firearm, or both, to the scene of
the discharge;
(8) The victim was:
(a) A judge; juror or former juror; prospective, current,
or former witness in an adjudicative proceeding; prosecuting
attorney; deputy prosecuting attorney; defense attorney; a
member of the indeterminate sentence review board; or a probation or parole officer; and
(b) The murder was related to the exercise of official
duties performed or to be performed by the victim;
(9) The person committed the murder to conceal the
commission of a crime or to protect or conceal the identity of
any person committing a crime, including, but specifically
not limited to, any attempt to avoid prosecution as a persistent offender as defined in RCW 9.94A.030;
10.95.020
[Title 10 RCW—page 76]
(10) There was more than one victim and the murders
were part of a common scheme or plan or the result of a single act of the person;
(11) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following
crimes:
(a) Robbery in the first or second degree;
(b) Rape in the first or second degree;
(c) Burglary in the first or second degree or residential
burglary;
(d) Kidnapping in the first degree; or
(e) Arson in the first degree;
(12) The victim was regularly employed or selfemployed as a newsreporter and the murder was committed
to obstruct or hinder the investigative, research, or reporting
activities of the victim;
(13) At the time the person committed the murder, there
existed a court order, issued in this or any other state, which
prohibited the person from either contacting the victim,
molesting the victim, or disturbing the peace of the victim,
and the person had knowledge of the existence of that order;
(14) At the time the person committed the murder, the
person and the victim were "family or household members"
as that term is defined in *RCW 10.99.020(1), and the person
had previously engaged in a pattern or practice of three or
more of the following crimes committed upon the victim
within a five-year period, regardless of whether a conviction
resulted:
(a) Harassment as defined in RCW 9A.46.020; or
(b) Any criminal assault. [2003 c 53 § 96; 1998 c 305 §
1. Prior: 1995 c 129 § 17 (Initiative Measure No. 159); 1994
c 121 § 3; 1981 c 138 § 2.]
*Reviser’s note: RCW 10.99.020 was amended by 2004 c 18 § 2,
changing subsection (1) to subsection (3).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Findings and intent—Short title—Severability—Captions not
law—1995 c 129: See notes following RCW 9.94A.510.
10.95.030 Sentences for aggravated first degree murder. (1) Except as provided in subsection (2) of this section,
any person convicted of the crime of aggravated first degree
murder shall be sentenced to life imprisonment without possibility of release or parole. A person sentenced to life
imprisonment under this section shall not have that sentence
suspended, deferred, or commuted by any judicial officer and
the indeterminate sentence review board or its successor may
not parole such prisoner nor reduce the period of confinement
in any manner whatsoever including but not limited to any
sort of good-time calculation. The department of social and
health services or its successor or any executive official may
not permit such prisoner to participate in any sort of release
or furlough program.
(2) If, pursuant to a special sentencing proceeding held
under RCW 10.95.050, the trier of fact finds that there are not
sufficient mitigating circumstances to merit leniency, the
sentence shall be death. In no case, however, shall a person
be sentenced to death if the person had an intellectual disability at the time the crime was committed, under the definition
of intellectual disability set forth in (a) of this subsection. A
diagnosis of intellectual disability shall be documented by a
10.95.030
(2010 Ed.)
Capital Punishment—Aggravated First Degree Murder
licensed psychiatrist or licensed psychologist designated by
the court, who is an expert in the diagnosis and evaluation of
intellectual disabilities. The defense must establish an intellectual disability by a preponderance of the evidence and the
court must make a finding as to the existence of an intellectual disability.
(a) "Intellectual disability" means the individual has: (i)
Significantly subaverage general intellectual functioning; (ii)
existing concurrently with deficits in adaptive behavior; and
(iii) both significantly subaverage general intellectual functioning and deficits in adaptive behavior were manifested
during the developmental period.
(b) "General intellectual functioning" means the results
obtained by assessment with one or more of the individually
administered general intelligence tests developed for the purpose of assessing intellectual functioning.
(c) "Significantly subaverage general intellectual functioning" means intelligence quotient seventy or below.
(d) "Adaptive behavior" means the effectiveness or
degree with which individuals meet the standards of personal
independence and social responsibility expected for his or her
age.
(e) "Developmental period" means the period of time
between conception and the eighteenth birthday. [2010 c 94
§ 3; 1993 c 479 § 1; 1981 c 138 § 3.]
Purpose—2010 c 94: See note following RCW 44.04.280.
10.95.040 Special sentencing proceeding—Notice—
Filing—Service. (1) If a person is charged with aggravated
first degree murder as defined by RCW 10.95.020, the prosecuting attorney shall file written notice of a special sentencing proceeding to determine whether or not the death penalty
should be imposed when there is reason to believe that there
are not sufficient mitigating circumstances to merit leniency.
(2) The notice of special sentencing proceeding shall be
filed and served on the defendant or the defendant’s attorney
within thirty days after the defendant’s arraignment upon the
charge of aggravated first degree murder unless the court, for
good cause shown, extends or reopens the period for filing
and service of the notice. Except with the consent of the prosecuting attorney, during the period in which the prosecuting
attorney may file the notice of special sentencing proceeding,
the defendant may not tender a plea of guilty to the charge of
aggravated first degree murder nor may the court accept a
plea of guilty to the charge of aggravated first degree murder
or any lesser included offense.
(3) If a notice of special sentencing proceeding is not
filed and served as provided in this section, the prosecuting
attorney may not request the death penalty. [1981 c 138 § 4.]
10.95.040
10.95.050 Special sentencing proceeding—When
held—Jury to decide matters presented—Waiver—
Reconvening same jury—Impanelling new jury—
Peremptory challenges. (1) If a defendant is adjudicated
guilty of aggravated first degree murder, whether by acceptance of a plea of guilty, by verdict of a jury, or by decision of
the trial court sitting without a jury, a special sentencing proceeding shall be held if a notice of special sentencing proceeding was filed and served as provided by RCW 10.95.040.
10.95.050
(2010 Ed.)
10.95.060
No sort of plea, admission, or agreement may abrogate the
requirement that a special sentencing proceeding be held.
(2) A jury shall decide the matters presented in the special sentencing proceeding unless a jury is waived in the discretion of the court and with the consent of the defendant and
the prosecuting attorney.
(3) If the defendant’s guilt was determined by a jury verdict, the trial court shall reconvene the same jury to hear the
special sentencing proceeding. The proceeding shall commence as soon as practicable after completion of the trial at
which the defendant’s guilt was determined. If, however,
unforeseen circumstances make it impracticable to reconvene
the same jury to hear the special sentencing proceeding, the
trial court may dismiss that jury and convene a jury pursuant
to subsection (4) of this section.
(4) If the defendant’s guilt was determined by plea of
guilty or by decision of the trial court sitting without a jury,
or if a retrial of the special sentencing proceeding is necessary for any reason including but not limited to a mistrial in a
previous special sentencing proceeding or as a consequence
of a remand from an appellate court, the trial court shall
impanel a jury of twelve persons plus whatever alternate
jurors the trial court deems necessary. The defense and prosecution shall each be allowed to peremptorily challenge
twelve jurors. If there is more than one defendant, each
defendant shall be allowed an additional peremptory challenge and the prosecution shall be allowed a like number of
additional challenges. If alternate jurors are selected, the
defense and prosecution shall each be allowed one peremptory challenge for each alternate juror to be selected and if
there is more than one defendant each defendant shall be
allowed an additional peremptory challenge for each alternate juror to be selected and the prosecution shall be allowed
a like number of additional challenges. [1981 c 138 § 5.]
10.95.060 Special sentencing proceeding—Jury
instructions—Opening statements—Evidence—Arguments—Question for jury. (1) At the commencement of the
special sentencing proceeding, the trial court shall instruct the
jury as to the nature and purpose of the proceeding and as to
the consequences of its decision, as provided in RCW
10.95.030.
(2) At the special sentencing proceeding both the prosecution and defense shall be allowed to make an opening statement. The prosecution shall first present evidence and then
the defense may present evidence. Rebuttal evidence may be
presented by each side. Upon conclusion of the evidence, the
court shall instruct the jury and then the prosecution and
defense shall be permitted to present argument. The prosecution shall open and conclude the argument.
(3) The court shall admit any relevant evidence which it
deems to have probative value regardless of its admissibility
under the rules of evidence, including hearsay evidence and
evidence of the defendant’s previous criminal activity regardless of whether the defendant has been charged or convicted
as a result of such activity. The defendant shall be accorded a
fair opportunity to rebut or offer any hearsay evidence.
In addition to evidence of whether or not there are sufficient mitigating circumstances to merit leniency, if the jury
sitting in the special sentencing proceeding has not heard evidence of the aggravated first degree murder of which the
10.95.060
[Title 10 RCW—page 77]
10.95.070
Title 10 RCW: Criminal Procedure
defendant stands convicted, both the defense and prosecution
may introduce evidence concerning the facts and circumstances of the murder.
(4) Upon conclusion of the evidence and argument at the
special sentencing proceeding, the jury shall retire to deliberate upon the following question: "Having in mind the crime
of which the defendant has been found guilty, are you convinced beyond a reasonable doubt that there are not sufficient
mitigating circumstances to merit leniency?"
In order to return an affirmative answer to the question
posed by this subsection, the jury must so find unanimously.
[1981 c 138 § 6.]
10.95.070 Special sentencing proceeding—Factors
which jury may consider in deciding whether leniency
merited. In deciding the question posed by RCW
10.95.060(4), the jury, or the court if a jury is waived, may
consider any relevant factors, including but not limited to the
following:
(1) Whether the defendant has or does not have a significant history, either as a juvenile or an adult, of prior criminal
activity;
(2) Whether the murder was committed while the defendant was under the influence of extreme mental disturbance;
(3) Whether the victim consented to the act of murder;
(4) Whether the defendant was an accomplice to a murder committed by another person where the defendant’s participation in the murder was relatively minor;
(5) Whether the defendant acted under duress or domination of another person;
(6) Whether, at the time of the murder, the capacity of
the defendant to appreciate the wrongfulness of his or her
conduct or to conform his or her conduct to the requirements
of law was substantially impaired as a result of mental disease or defect. However, a person found to have an intellectual disability under RCW 10.95.030(2) may in no case be
sentenced to death;
(7) Whether the age of the defendant at the time of the
crime calls for leniency; and
(8) Whether there is a likelihood that the defendant will
pose a danger to others in the future. [2010 c 94 § 4; 1993 c
479 § 2; 1981 c 138 § 7.]
10.95.070
Purpose—2010 c 94: See note following RCW 44.04.280.
10.95.080 When sentence to death or sentence to life
imprisonment shall be imposed. (1) If a jury answers affirmatively the question posed by RCW 10.95.060(4), or when
a jury is waived as allowed by RCW 10.95.050(2) and the
trial court answers affirmatively the question posed by RCW
10.95.060(4), the defendant shall be sentenced to death. The
trial court may not suspend or defer the execution or imposition of the sentence.
(2) If the jury does not return an affirmative answer to
the question posed in RCW 10.95.060(4), the defendant shall
be sentenced to life imprisonment as provided in RCW
10.95.030(1). [1981 c 138 § 8.]
10.95.080
10.95.090 Sentence if death sentence commuted, held
invalid, or if death sentence established by chapter held
invalid. If any sentence of death imposed pursuant to this
10.95.090
[Title 10 RCW—page 78]
chapter is commuted by the governor, or held to be invalid by
a final judgment of a court after all avenues of appeal have
been exhausted by the parties to the action, or if the death
penalty established by this chapter is held to be invalid by a
final judgment of a court which is binding on all courts in the
state, the sentence for aggravated first degree murder if there
was an affirmative response to the question posed by RCW
10.95.060(4) shall be life imprisonment as provided in RCW
10.95.030(1). [1981 c 138 § 9.]
10.95.100 Mandatory review of death sentence by
supreme court—Notice—Transmittal—Contents of
notice—Jurisdiction. Whenever a defendant is sentenced to
death, upon entry of the judgment and sentence in the trial
court the sentence shall be reviewed on the record by the
supreme court of Washington.
Within ten days of the entry of a judgment and sentence
imposing the death penalty, the clerk of the trial court shall
transmit notice thereof to the clerk of the supreme court of
Washington and to the parties. The notice shall include the
caption of the case, its cause number, the defendant’s name,
the crime or crimes of which the defendant was convicted,
the sentence imposed, the date of entry of judgment and sentence, and the names and addresses of the attorneys for the
parties. The notice shall vest with the supreme court of Washington the jurisdiction to review the sentence of death as provided by this chapter. The failure of the clerk of the trial court
to transmit the notice as required shall not prevent the
supreme court of Washington from conducting the sentence
review as provided by chapter 138, Laws of 1981. [1981 c
138 § 10.]
10.95.100
10.95.110 Verbatim report of trial proceedings—
Preparation—Transmittal to supreme court—Clerk’s
papers—Receipt. (1) Within ten days after the entry of a
judgment and sentence imposing the death penalty, the clerk
of the trial court shall cause the preparation of a verbatim
report of the trial proceedings to be commenced.
(2) Within five days of the filing and approval of the verbatim report of proceedings, the clerk of the trial court shall
transmit such verbatim report of proceedings together with
copies of all of the clerk’s papers to the clerk of the supreme
court of Washington. The clerk of the supreme court of
Washington shall forthwith acknowledge receipt of these
documents by providing notice of receipt to the clerk of the
trial court, the defendant or his or her attorney, and the prosecuting attorney. [1981 c 138 § 11.]
10.95.110
10.95.120 Information report—Form—Contents—
Submission to supreme court, defendant, prosecuting
attorney. In all cases in which a person is convicted of
aggravated first degree murder, the trial court shall, within
thirty days after the entry of the judgment and sentence, submit a report to the clerk of the supreme court of Washington,
to the defendant or his or her attorney, and to the prosecuting
attorney which provides the information specified under subsections (1) through (8) of this section. The report shall be in
the form of a standard questionnaire prepared and supplied
by the supreme court of Washington and shall include the following:
10.95.120
(2010 Ed.)
Capital Punishment—Aggravated First Degree Murder
(1) Information about the defendant, including the following:
(a) Name, date of birth, gender, marital status, and race
and/or ethnic origin;
(b) Number and ages of children;
(c) Whether his or her parents are living, and date of
death where applicable;
(d) Number of children born to his or her parents;
(e) The defendant’s educational background, intelligence level, and intelligence quotient;
(f) Whether a psychiatric evaluation was performed, and
if so, whether it indicated that the defendant was:
(i) Able to distinguish right from wrong;
(ii) Able to perceive the nature and quality of his or her
act; and
(iii) Able to cooperate intelligently with his or her
defense;
(g) Any character or behavior disorders found or other
pertinent psychiatric or psychological information;
(h) The work record of the defendant;
(i) A list of the defendant’s prior convictions including
the offense, date, and sentence imposed; and
(j) The length of time the defendant has resided in Washington and the county in which he or she was convicted.
(2) Information about the trial, including:
(a) The defendant’s plea;
(b) Whether defendant was represented by counsel;
(c) Whether there was evidence introduced or instructions given as to defenses to aggravated first degree murder,
including excusable homicide, justifiable homicide, insanity,
duress, entrapment, alibi, intoxication, or other specific
defense;
(d) Any other offenses charged against the defendant and
tried at the same trial and whether they resulted in conviction;
(e) What aggravating circumstances were alleged against
the defendant and which of these circumstances was found to
have been applicable; and
(f) Names and charges filed against other defendant(s) if
tried jointly and disposition of the charges.
(3) Information concerning the special sentencing proceeding, including:
(a) The date the defendant was convicted and date the
special sentencing proceeding commenced;
(b) Whether the jury for the special sentencing proceeding was the same jury that returned the guilty verdict, providing an explanation if it was not;
(c) Whether there was evidence of mitigating circumstances;
(d) Whether there was, in the court’s opinion, credible
evidence of the mitigating circumstances as provided in
RCW 10.95.070;
(e) The jury’s answer to the question posed in RCW
10.95.060(4);
(f) The sentence imposed.
(4) Information about the victim, including:
(a) Whether he or she was related to the defendant by
blood or marriage;
(b) The victim’s occupation and whether he or she was
an employer or employee of the defendant;
(c) Whether the victim was acquainted with the defendant, and if so, how well;
(2010 Ed.)
10.95.120
(d) The length of time the victim resided in Washington
and the county;
(e) Whether the victim was the same race and/or ethnic
origin as the defendant;
(f) Whether the victim was the same sex as the defendant;
(g) Whether the victim was held hostage during the
crime and if so, how long;
(h) The nature and extent of any physical harm or torture
inflicted upon the victim prior to death;
(i) The victim’s age; and
(j) The type of weapon used in the crime, if any.
(5) Information about the representation of the defendant, including:
(a) Date counsel secured;
(b) Whether counsel was retained or appointed, including the reason for appointment;
(c) The length of time counsel has practiced law and
nature of his or her practice; and
(d) Whether the same counsel served at both the trial and
special sentencing proceeding, and if not, why not.
(6) General considerations, including:
(a) Whether the race and/or ethnic origin of the defendant, victim, or any witness was an apparent factor at trial;
(b) What percentage of the county population is the same
race and/or ethnic origin of the defendant;
(c) Whether members of the defendant’s or victim’s race
and/or ethnic origin were represented on the jury;
(d) Whether there was evidence that such members were
systematically excluded from the jury;
(e) Whether the sexual orientation of the defendant, victim, or any witness was a factor in the trial;
(f) Whether any specific instruction was given to the jury
to exclude race, ethnic origin, or sexual orientation as an
issue;
(g) Whether there was extensive publicity concerning
the case in the community;
(h) Whether the jury was instructed to disregard such
publicity;
(i) Whether the jury was instructed to avoid any influence of passion, prejudice, or any other arbitrary factor when
considering its verdict or its findings in the special sentencing
proceeding;
(j) The nature of the evidence resulting in such instruction; and
(k) General comments of the trial judge concerning the
appropriateness of the sentence considering the crime, defendant, and other relevant factors.
(7) Information about the chronology of the case, including the date that:
(a) The defendant was arrested;
(b) Trial began;
(c) The verdict was returned;
(d) Post-trial motions were ruled on;
(e) Special sentencing proceeding began;
(f) Sentence was imposed;
(g) Trial judge’s report was completed; and
(h) Trial judge’s report was filed.
(8) The trial judge shall sign and date the questionnaire
when it is completed. [1981 c 138 § 12.]
[Title 10 RCW—page 79]
10.95.130
Title 10 RCW: Criminal Procedure
10.95.130 Questions posed for determination by
supreme court in death sentence review—Review in addition to appeal—Consolidation of review and appeal. (1)
The sentence review required by RCW 10.95.100 shall be in
addition to any appeal. The sentence review and an appeal
shall be consolidated for consideration. The defendant and
the prosecuting attorney may submit briefs within the time
prescribed by the court and present oral argument to the
court.
(2) With regard to the sentence review required by chapter 138, Laws of 1981, the supreme court of Washington shall
determine:
(a) Whether there was sufficient evidence to justify the
affirmative finding to the question posed by RCW
10.95.060(4); and
(b) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant. For the purposes of this
subsection, "similar cases" means cases reported in the
Washington Reports or Washington Appellate Reports since
January 1, 1965, in which the judge or jury considered the
imposition of capital punishment regardless of whether it was
imposed or executed, and cases in which reports have been
filed with the supreme court under RCW 10.95.120;
(c) Whether the sentence of death was brought about
through passion or prejudice; and
(d) Whether the defendant had an intellectual disability
within the meaning of RCW 10.95.030(2). [2010 c 94 § 5;
1993 c 479 § 3; 1981 c 138 § 13.]
10.95.130
Purpose—2010 c 94: See note following RCW 44.04.280.
10.95.140 Invalidation of sentence, remand for resentencing—Affirmation of sentence, remand for execution.
Upon completion of a sentence review:
(1) The supreme court of Washington shall invalidate the
sentence of death and remand the case to the trial court for
resentencing in accordance with RCW 10.95.090 if:
(a) The court makes a negative determination as to the
question posed by RCW 10.95.130(2)(a); or
(b) The court makes an affirmative determination as to
any of the questions posed by RCW 10.95.130(2) (b), (c), or
(d).
(2) The court shall affirm the sentence of death and
remand the case to the trial court for execution in accordance
with RCW 10.95.160 if:
(a) The court makes an affirmative determination as to
the question posed by RCW 10.95.130(2)(a); and
(b) The court makes a negative determination as to the
questions posed by RCW 10.95.130(2) (b), (c), and (d).
[1993 c 479 § 4; 1981 c 138 § 14.]
10.95.140
10.95.150 Time limit for appellate review of death
sentence and filing opinion. In all cases in which a sentence
of death has been imposed, the appellate review, if any, and
sentence review to or by the supreme court of Washington
shall be decided and an opinion on the merits shall be filed
within one year of receipt by the clerk of the supreme court of
Washington of the verbatim report of proceedings and clerk’s
papers filed under RCW 10.95.110. If this time requirement
is not met, the chief justice of the supreme court of Washington shall state on the record the extraordinary and compelling
10.95.150
[Title 10 RCW—page 80]
circumstances causing the delay and the facts supporting
such circumstances. A failure to comply with the time
requirements of this subsection shall in no way preclude the
ultimate execution of a sentence of death. [1988 c 202 § 17;
1981 c 138 § 15.]
Additional notes found at www.leg.wa.gov
10.95.160 Death warrant—Issuance—Form—Time
for execution of judgment and sentence. (1) If a death sentence is affirmed and the case remanded to the trial court as
provided in RCW 10.95.140(2), a death warrant shall forthwith be issued by the clerk of the trial court, which shall be
signed by a judge of the trial court and attested by the clerk
thereof under the seal of the court. The warrant shall be
directed to the superintendent of the state penitentiary and
shall state the conviction of the person named therein and the
judgment and sentence of the court, and shall appoint a day
on which the judgment and sentence of the court shall be executed by the superintendent, which day shall not be less than
thirty nor more than ninety days from the date the trial court
receives the remand from the supreme court of Washington.
(2) If the date set for execution under subsection (1) of
this section is stayed by a court of competent jurisdiction for
any reason, the new execution date is automatically set at
thirty judicial days after the entry of an order of termination
or vacation of the stay by such court unless the court invalidates the conviction, sentence, or remands for further judicial
proceedings. The presence of the inmate under sentence of
death shall not be required for the court to vacate or terminate
the stay according to this section. [1990 c 263 § 1; 1981 c
138 § 16.]
10.95.160
10.95.170 Imprisonment of defendant. The defendant
shall be imprisoned in the state penitentiary within ten days
after the trial court enters a judgment and sentence imposing
the death penalty and shall be imprisoned both prior to and
subsequent to the issuance of the death warrant as provided in
RCW 10.95.160. During such period of imprisonment, the
defendant shall be confined in the segregation unit, where the
defendant may be confined with other prisoners not under
sentence of death, but prisoners under sentence of death shall
be assigned to single-person cells. [1983 c 255 § 1; 1981 c
138 § 17.]
10.95.170
Convicted female persons, commitment and procedure as to death sentences:
RCW 72.02.250.
Additional notes found at www.leg.wa.gov
10.95.180 Death penalty—How executed. (1) The
punishment of death shall be supervised by the superintendent of the penitentiary and shall be inflicted by intravenous
injection of a substance or substances in a lethal quantity sufficient to cause death and until the defendant is dead, or, at
the election of the defendant, by hanging by the neck until the
defendant is dead. In any case, death shall be pronounced by
a licensed physician.
(2) All executions, for both men and women, shall be
carried out within the walls of the state penitentiary. [1996 c
251 § 1; 1986 c 194 § 1; 1981 c 138 § 18.]
10.95.180
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Capital Punishment—Aggravated First Degree Murder
10.95.185 Witnesses. (1) Not less than twenty days
prior to a scheduled execution, judicial officers, law enforcement representatives, media representatives, representatives
of the families of the victims, and representatives from the
family of the defendant who wish to attend and witness the
execution, must submit an application to the superintendent.
Such application must designate the relationship and reason
for wishing to attend.
(2) Not less than fifteen days prior to the scheduled execution, the superintendent shall designate the total number of
individuals who will be allowed to attend and witness the
planned execution. The superintendent shall determine the
number of witnesses that will be allowed in each of the following categories:
(a) No less than five media representatives with consideration to be given to news organizations serving communities affected by the crimes or by the commission of the execution of the defendant.
(b) Judicial officers.
(c) Representatives of the families of the victims.
(d) Representatives from the family of the defendant.
(e) Up to two law enforcement representatives. The chief
executive officer of the agency that investigated the crime
shall designate the law enforcement representatives.
After the list is composed, the superintendent shall serve
this list on all parties who have submitted an application pursuant to this section. The superintendent shall develop and
implement procedures to determine the persons within each
of the categories listed in this subsection who will be allowed
to attend and witness the execution.
(3) Not less than ten days prior to the scheduled execution, the superintendent shall file the witness list with the
superior court from which the conviction and death warrant
was issued with a petition asking that the court enter an order
certifying this list as a final order identifying the witnesses to
attend the execution. The final order of the court certifying
the witness list shall not be entered less than five days after
the filing of the petition.
(4) Unless a show cause petition is filed with the superior
court from which the conviction and death warrant was
issued within five days of the filing of the superintendent’s
petition, the superintendent’s list, by order of the superior
court, becomes final, and no other party has standing to challenge its appropriateness.
(5) In no case may the superintendent or the superior
court order or allow more than seventeen individuals other
than required staff to witness a planned execution.
(6) All witnesses must adhere to the search and security
provisions of the department of corrections’ policy regarding
the witnessing of an execution.
(7) The superior court from which the conviction and
death warrant was issued is the exclusive court for seeking
judicial process for the privilege of attending and witnessing
an execution.
(8) For purposes of this section:
(a) "Judicial officer" means: (i) The superior court judge
who signed the death warrant issued pursuant to RCW
10.95.160 for the execution of the individual, (ii) the current
prosecuting attorney or a deputy prosecuting attorney of the
county from which the final judgment and sentence and death
10.95.185
(2010 Ed.)
10.95.901
warrant were issued, and (iii) the most recent attorney of
record representing the individual sentenced to death.
(b) "Law enforcement representatives" means those law
enforcement officers responsible for investigating the crime
for which the defendant was sentenced to death.
(c) "Media representatives" means representatives from
news organizations of all forms of media serving the state.
(d) "Representatives of the families of the victims"
means representatives from the immediate families of the
victim(s) of the individual sentenced to death, including victim advocates of the immediate family members. Victim
advocates shall include any person working or volunteering
for a recognized victim advocacy group or a prosecutorbased or law enforcement-based agency on behalf of victims
or witnesses.
(e) "Representative from the family of the defendant"
means a representative from the immediate family of the
individual sentenced to death.
(f) "Superintendent" means the superintendent of the
Washington state penitentiary. [1999 c 332 § 1; 1993 c 463 §
2.]
Additional notes found at www.leg.wa.gov
10.95.190 Death warrant—Record—Return to trial
court. (1) The superintendent of the state penitentiary shall
keep in his or her office as part of the public records a book
in which shall be kept a copy of each death warrant together
with a complete statement of the superintendent’s acts pursuant to such warrants.
(2) Within twenty days after each execution of a sentence of death, the superintendent of the state penitentiary
shall return the death warrant to the clerk of the trial court
from which it was issued with the superintendent’s return
thereon showing all acts and proceedings done by him or her
thereunder. [1981 c 138 § 19.]
10.95.190
10.95.200 Proceedings for failure to execute on day
named. Whenever the day appointed for the execution of a
defendant shall have passed, from any cause, other than the
issuance of a stay by a court of competent jurisdiction, without the execution of such defendant having occurred, the trial
court which issued the original death warrant shall issue a
new death warrant in accordance with RCW 10.95.160. The
defendant’s presence before the court is not required. However, nothing in this section shall be construed as restricting
the defendant’s right to be represented by counsel in connection with issuance of a new death warrant. [1990 c 263 § 2;
1987 c 286 § 1; 1981 c 138 § 20.]
10.95.200
10.95.900 Severability—1981 c 138. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1981 c 138 § 22.]
10.95.900
10.95.901 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
10.95.901
[Title 10 RCW—page 81]
Chapter 10.96
Title 10 RCW: Criminal Procedure
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 28.]
Chapter 10.96
Chapter 10.96 RCW
CRIMINAL PROCESS RECORDS
Sections
10.96.005
10.96.010
10.96.020
10.96.030
10.96.040
10.96.050
10.96.060
Findings.
Definitions.
Production of records.
Authenticity of records—Verification—Affidavit, declaration,
or certification.
Service of process issued by or in another state.
Recipients’ immunity from liability.
Issuance of criminal process.
10.96.005
10.96.005 Findings. The legislature finds that many
businesses, associations, and organizations providing goods
and services to the public, conducting other activity in Washington, or otherwise affecting residents of Washington now
operate nationally or globally and often maintain their business records in a location outside the state of Washington.
The legislature further finds that bringing persons or organizations committing crimes in Washington to justice is a matter of great public interest because crimes have a significant
effect on businesses, associations, and other organizations
that conduct business in Washington, as well as on Washington citizens. Crimes result in significant harm and losses to
persons, businesses, associations, and other organizations
victimized, as well as persons not directly victimized when
businesses or others more directly affected by the crimes
must raise prices to cover crime losses. The ability of law
enforcement and the criminal justice system to effectively
perform their duties to the public often depends upon law
enforcement agencies, prosecutors, and criminal defense
attorneys being able to obtain and use records relevant to
crimes that affect Washington’s citizens, businesses, associations, organizations, and others who provide goods or services, or conduct other activity in Washington. In the course
of fulfilling their duties to the public, law enforcement agencies, prosecutors, and criminal defense attorneys must frequently obtain records from these entities, and be able to use
the records in court. The ability to obtain and use these
records has an impact on Washington citizens because it
affects the ability to enforce Washington’s criminal laws and
affects the deterrence value arising from criminal prosecution. Effectively combating crime requires laws facilitating
and requiring that all those who possess records relevant to a
criminal investigation comply with the legal process issued in
connection with criminal investigations or litigation. [2008 c
21 § 1.]
[Title 10 RCW—page 82]
10.96.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Adverse result" includes one or more of the following possible consequences:
(a) Danger to the life or physical safety of an individual;
(b) A flight from prosecution;
(c) The destruction of, potential loss of, or tampering
with evidence;
(d) The intimidation of potential witnesses;
(e) Jeopardy to an investigation or undue delay of a trial.
(2) "Applicant" means a law enforcement officer, prosecuting attorney, deputy or special deputy prosecuting attorney, or defense attorney who is seeking criminal process
under RCW 10.96.020.
(3) "Criminal process" means a search warrant or legal
process issued pursuant to RCW 10.79.015 and CrR 2.3; any
process issued pursuant to chapter 9.73, 9A.82, 10.27, or
10.29 RCW; and any other legal process signed by a judge of
the superior court and issued in a criminal matter which
allows the search for or commands production of records that
are in the actual or constructive possession of the recipient,
regardless of whether the recipient or the records are physically located within the state.
(4) "Defense attorney" means an attorney of record for a
person charged with a crime when the attorney is seeking the
issuance of criminal process for the defense of the criminal
case.
(5) "Properly served" means delivery by hand or in a
manner reasonably allowing for proof of delivery if delivered
by United States mail, overnight delivery service, or facsimile to the recipient addressee of criminal process.
(6) "Recipient" means a person, as defined in RCW
9A.04.110, or a business, as defined in RCW 5.45.010, that
has conducted business or engaged in transactions occurring
at least in part in this state upon whom criminal process
issued under this chapter is properly served. [2008 c 21 § 2.]
10.96.010
10.96.020 Production of records. This section shall
apply to any criminal process allowing for search of or commanding production of records that are in the actual or constructive possession of a recipient who receives service outside Washington, regardless of whether the recipient or the
records are physically located within the state.
(1) When properly served with criminal process issued
under this section, the recipient shall provide the applicant all
records sought pursuant to the criminal process. The records
shall be produced within twenty business days of receipt of
the criminal process, unless the process requires earlier production. An applicant may consent to a recipient’s request
for additional time to comply with the criminal process.
(2) Criminal process issued under this section must contain the following language in bold type on the first page of
the document: "This [warrant, subpoena, order] is issued
pursuant to RCW [insert citation to this statute]. A response
is due within twenty business days of receipt, unless a shorter
time is stated herein, or the applicant consents to a recipient’s
request for additional time to comply."
(3) If the judge finds reason to suspect that failure to produce records within twenty business days would cause an
adverse result, the criminal process may require production
10.96.020
(2010 Ed.)
Washington State Criminal Records Privacy Act
of records within less than twenty business days. A court
may reasonably extend the time required for production of
the records upon finding that the recipient has shown good
cause for that extension and that an extension of time would
not cause an adverse result.
(4) When properly served with criminal process issued
under this section, a recipient who seeks to quash the criminal
process must seek relief from the court where the criminal
process was issued, within the time originally required for
production of records. The court shall hear and decide the
motion no later than five court days after the motion is filed.
An applicant’s consent, under subsection (1) of this section,
to a recipient’s request for additional time to comply with the
criminal process does not extend the date by which a recipient must seek the relief designated in this section. [2008 c 21
§ 3.]
10.96.030 Authenticity of records—Verification—
Affidavit, declaration, or certification. (1) Upon written
request from the applicant, or if ordered by the court, the
recipient of criminal process shall verify the authenticity of
records that it produces by providing an affidavit, declaration, or certification that complies with subsection (2) of this
section. The requirements of RCW 5.45.020 regarding business records as evidence may be satisfied by an affidavit,
declaration, or certification that complies with subsection (2)
of this section, without the need for testimony from the custodian of records, regardless of whether the business records
were produced by a foreign or Washington state entity.
(2) To be admissible without testimony from the custodian of records, business records must be accompanied by an
affidavit, declaration, or certification by its record custodian
or other qualified person that includes contact information for
the witness completing the document and attests to the following:
(a) The witness is the custodian of the record or sets forth
evidence that the witness is qualified to testify about the
record;
(b) The record was made at or near the time of the act,
condition, or event set forth in the record by, or from information transmitted by, a person with knowledge of those
matters;
(c) The record was made in the regular course of business;
(d) The identity of the record and the mode of its preparation; and
(e) Either that the record is the original or that it is a
duplicate that accurately reproduces the original.
(3) A party intending to offer a record into evidence
under this section must provide written notice of that intention to all adverse parties, and must make the record and affidavit, declaration, or certification available for inspection
sufficiently in advance of their offer into evidence to provide
an adverse party with a fair opportunity to challenge them. A
motion opposing admission in evidence of the record shall be
made and determined by the court before trial and with sufficient time to allow the party offering the record time, if the
motion is granted, to produce the custodian of the record or
other qualified person at trial, without creating hardship on
the party or on the custodian or other qualified person.
10.96.030
(2010 Ed.)
10.97.010
(4) Failure by a party to timely file a motion under subsection (4) of this section shall constitute a waiver of objection to admission of the evidence, but the court for good
cause shown may grant relief from the waiver. When the
court grants relief from the waiver, and thereafter determines
the custodian of the record shall appear, a continuance of the
trial may be granted to provide the proponent of the record
sufficient time to arrange for the necessary witness to appear.
(5) Nothing in this section precludes either party from
calling the custodian of record of the record or other witness
to testify regarding the record. [2008 c 21 § 4.]
10.96.040 Service of process issued by or in another
state. A Washington recipient, when served with process
that was issued by or in another state that on its face purports
to be valid criminal process shall comply with that process as
if that process had been issued by a Washington court. [2008
c 21 § 5.]
10.96.040
10.96.050 Recipients’ immunity from liability. A
recipient of criminal process or process under RCW
10.96.010 and 10.96.040, and any other person that responds
to such process is immune from civil and criminal liability for
complying with the process, and for any failure to provide
notice of any disclosure to the person who is the subject of or
identified in the disclosure. [2008 c 21 § 6.]
10.96.050
10.96.060 Issuance of criminal process. A judge of the
superior court may issue any criminal process to any recipient at any address, within or without the state, for any matter
over which the court has criminal jurisdiction pursuant to
RCW 9A.04.030. This section does not limit a court’s
authority to issue warrants or legal process under other provisions of state law. [2008 c 21 § 7.]
10.96.060
Chapter 10.97 RCW
WASHINGTON STATE CRIMINAL RECORDS
PRIVACY ACT
Chapter 10.97
Sections
10.97.010
10.97.020
10.97.030
10.97.040
10.97.045
10.97.050
10.97.060
10.97.070
10.97.080
10.97.090
10.97.100
10.97.110
10.97.120
10.97.130
10.97.140
Declaration of policy.
Short title.
Definitions.
Information required—Exceptions.
Disposition data to initiating agency and state patrol.
Restricted, unrestricted information—Records.
Deletion of certain information, conditions.
Disclosure of suspect’s identity to victim.
Inspection of information by subject—Challenges and corrections.
Administration by state patrol.
Fees.
Civil remedies—Criminal prosecution not affected.
Criminal penalties—Civil action not affected.
Child victims of sexual assaults, identification confidential.
Construction.
Public records: Chapter 42.56 RCW.
Records of rape crisis centers not available as part of discovery: RCW
70.125.065.
10.97.010 Declaration of policy. The legislature
declares that it is the policy of the state of Washington to provide for the completeness, accuracy, confidentiality, and
security of criminal history record information and victim,
10.97.010
[Title 10 RCW—page 83]
10.97.020
Title 10 RCW: Criminal Procedure
witness, and complainant record information as defined in
this chapter. [1977 ex.s. c 314 § 1.]
10.97.020 Short title. This chapter may be cited as the
Washington State Criminal Records Privacy Act. [1977 ex.s.
c 314 § 2.]
10.97.020
Reviser’s note: The phrase "This 1977 amendatory act" has been
changed to "This chapter." This 1977 amendatory act [1977 ex.s. c 314] consists of chapter 10.97 RCW and the amendments of RCW 42.17.310,
43.43.705, 43.43.710, 43.43.730, and 43.43.810.
10.97.030 Definitions. For purposes of this chapter, the
definitions of terms in this section shall apply.
(1) "Criminal history record information" means information contained in records collected by criminal justice
agencies, other than courts, on individuals, consisting of
identifiable descriptions and notations of arrests, detentions,
indictments, informations, or other formal criminal charges,
and any disposition arising therefrom, including acquittals by
reason of insanity, dismissals based on lack of competency,
sentences, correctional supervision, and release.
The term includes information contained in records
maintained by or obtained from criminal justice agencies,
other than courts, which records provide individual identification of a person together with any portion of the individual’s record of involvement in the criminal justice system as
an alleged or convicted offender, except:
(a) Posters, announcements, or lists for identifying or
apprehending fugitives or wanted persons;
(b) Original records of entry maintained by criminal justice agencies to the extent that such records are compiled and
maintained chronologically and are accessible only on a
chronological basis;
(c) Court indices and records of public judicial proceedings, court decisions, and opinions, and information disclosed during public judicial proceedings;
(d) Records of traffic violations which are not punishable
by a maximum term of imprisonment of more than ninety
days;
(e) Records of any traffic offenses as maintained by the
department of licensing for the purpose of regulating the issuance, suspension, revocation, or renewal of drivers’ or other
operators’ licenses and pursuant to RCW 46.52.130;
(f) Records of any aviation violations or offenses as
maintained by the department of transportation for the purpose of regulating pilots or other aviation operators, and pursuant to RCW 47.68.330;
(g) Announcements of executive clemency.
(2) "Nonconviction data" consists of all criminal history
record information relating to an incident which has not led to
a conviction or other disposition adverse to the subject, and
for which proceedings are no longer actively pending. There
shall be a rebuttable presumption that proceedings are no
longer actively pending if more than one year has elapsed
since arrest, citation, charge, or service of warrant and no disposition has been entered.
(3) "Conviction record" means criminal history record
information relating to an incident which has led to a conviction or other disposition adverse to the subject.
(4) "Conviction or other disposition adverse to the subject" means any disposition of charges other than: (a) A deci10.97.030
[Title 10 RCW—page 84]
sion not to prosecute; (b) a dismissal; or (c) acquittal; with the
following exceptions, which shall be considered dispositions
adverse to the subject: An acquittal due to a finding of not
guilty by reason of insanity and a dismissal by reason of
incompetency, pursuant to chapter 10.77 RCW; and a dismissal entered after a period of probation, suspension, or
deferral of sentence.
(5) "Criminal justice agency" means: (a) A court; or (b)
a government agency which performs the administration of
criminal justice pursuant to a statute or executive order and
which allocates a substantial part of its annual budget to the
administration of criminal justice.
(6) "The administration of criminal justice" means performance of any of the following activities: Detection,
apprehension, detention, pretrial release, post-trial release,
prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The term
also includes criminal identification activities and the collection, storage, dissemination of criminal history record information, and the compensation of victims of crime.
(7) "Disposition" means the formal conclusion of a criminal proceeding at whatever stage it occurs in the criminal
justice system.
(8) "Dissemination" means disclosing criminal history
record information or disclosing the absence of criminal history record information to any person or agency outside the
agency possessing the information, subject to the following
exceptions:
(a) When criminal justice agencies jointly participate in
the maintenance of a single record keeping department as an
alternative to maintaining separate records, the furnishing of
information by that department to personnel of any participating agency is not a dissemination;
(b) The furnishing of information by any criminal justice
agency to another for the purpose of processing a matter
through the criminal justice system, such as a police department providing information to a prosecutor for use in preparing a charge, is not a dissemination;
(c) The reporting of an event to a record keeping agency
for the purpose of maintaining the record is not a dissemination. [1999 c 49 § 1; 1998 c 297 § 49; 1990 c 3 § 128; 1979
ex.s. c 36 § 1; 1979 c 158 § 5; 1977 ex.s. c 314 § 3.]
Effective dates—Severability—Intent—1998 c 297: See notes following RCW 71.05.010.
Additional notes found at www.leg.wa.gov
10.97.040 Information required—Exceptions. No
criminal justice agency shall disseminate criminal history
record information pertaining to an arrest, detention, indictment, information, or other formal criminal charge made
after December 31, 1977, unless the record disseminated
states the disposition of such charge to the extent dispositions
have been made at the time of the request for the information:
PROVIDED, HOWEVER, That if a disposition occurring
within ten days immediately preceding the dissemination has
not been reported to the agency disseminating the criminal
history record information, or if information has been
received by the agency within the seventy-two hours immediately preceding the dissemination, that information shall not
be required to be included in the dissemination: PROVIDED
FURTHER, That when another criminal justice agency
10.97.040
(2010 Ed.)
Washington State Criminal Records Privacy Act
requests criminal history record information, the disseminating agency may disseminate specific facts and incidents
which are within its direct knowledge without furnishing disposition data as otherwise required by this section, unless the
disseminating agency has received such disposition data from
either: (1) the state patrol, or (2) the court or other criminal
justice agency required to furnish disposition data pursuant to
RCW 10.97.045.
No criminal justice agency shall disseminate criminal
history record information which shall include information
concerning a felony or gross misdemeanor without first making inquiry of the identification section of the Washington
state patrol for the purpose of obtaining the most current and
complete information available, unless one or more of the
following circumstances exists:
(1) The information to be disseminated is needed for a
purpose in the administration of criminal justice for which
time is of the essence and the identification section is technically or physically incapable of responding within the
required time;
(2) The full information requested and to be disseminated relates to specific facts or incidents which are within
the direct knowledge of the agency which disseminates the
information;
(3) The full information requested and to be disseminated is contained in a criminal history record information
summary received from the identification section by the
agency which is to make the dissemination not more than
thirty days preceding the dissemination to be made;
(4) The statute, executive order, court rule, or court order
pursuant to which the information is to be disseminated refers
solely to information in the files of the agency which makes
the dissemination;
(5) The information requested and to be disseminated is
for the express purpose of research, evaluative, or statistical
activities to be based upon information maintained in the files
of the agency or agencies from which the information is
directly sought; or
(6) A person who is the subject of the record requests the
information and the agency complies with the requirements
in RCW 10.97.080 as now or hereafter amended. [1979 ex.s.
c 36 § 2; 1977 ex.s. c 314 § 4.]
10.97.045 Disposition data to initiating agency and
state patrol. Whenever a court or other criminal justice
agency reaches a disposition of a criminal proceeding, the
court or other criminal justice agency shall furnish the disposition data to the agency initiating the criminal history record
for that charge and to the identification section of the Washington state patrol as required under RCW 43.43.745. [1979
ex.s. c 36 § 6.]
10.97.045
10.97.050 Restricted, unrestricted information—
Records. (1) Conviction records may be disseminated without restriction.
(2) Any criminal history record information which pertains to an incident that occurred within the last twelve
months for which a person is currently being processed by the
criminal justice system, including the entire period of correctional supervision extending through final discharge from
10.97.050
(2010 Ed.)
10.97.050
parole, when applicable, may be disseminated without
restriction with the exception of a record being disseminated
in response to a request for a conviction record under RCW
43.43.832. A request for a conviction record under RCW
43.43.832 shall not contain information for a person who,
within the last twelve months, is currently being processed by
the criminal justice system unless it pertains to information
relating to a crime against a person as defined in RCW
9.94A.411.
(3) Criminal history record information which includes
nonconviction data may be disseminated by a criminal justice
agency to another criminal justice agency for any purpose
associated with the administration of criminal justice, or in
connection with the employment of the subject of the record
by a criminal justice or juvenile justice agency. A criminal
justice agency may respond to any inquiry from another
criminal justice agency without any obligation to ascertain
the purpose for which the information is to be used by the
agency making the inquiry.
(4) Criminal history record information which includes
nonconviction data may be disseminated by a criminal justice
agency to implement a statute, ordinance, executive order, or
a court rule, decision, or order which expressly refers to
records of arrest, charges, or allegations of criminal conduct
or other nonconviction data and authorizes or directs that it be
available or accessible for a specific purpose.
(5) Criminal history record information which includes
nonconviction data may be disseminated to individuals and
agencies pursuant to a contract with a criminal justice agency
to provide services related to the administration of criminal
justice. Such contract must specifically authorize access to
criminal history record information, but need not specifically
state that access to nonconviction data is included. The
agreement must limit the use of the criminal history record
information to stated purposes and insure the confidentiality
and security of the information consistent with state law and
any applicable federal statutes and regulations.
(6) Criminal history record information which includes
nonconviction data may be disseminated to individuals and
agencies for the express purpose of research, evaluative, or
statistical activities pursuant to an agreement with a criminal
justice agency. Such agreement must authorize the access to
nonconviction data, limit the use of that information which
identifies specific individuals to research, evaluative, or statistical purposes, and contain provisions giving notice to the
person or organization to which the records are disseminated
that the use of information obtained therefrom and further
dissemination of such information are subject to the provisions of this chapter and applicable federal statutes and regulations, which shall be cited with express reference to the
penalties provided for a violation thereof.
(7) Every criminal justice agency that maintains and disseminates criminal history record information must maintain
information pertaining to every dissemination of criminal
history record information except a dissemination to the
effect that the agency has no record concerning an individual.
Information pertaining to disseminations shall include:
(a) An indication of to whom (agency or person) criminal history record information was disseminated;
(b) The date on which the information was disseminated;
(c) The individual to whom the information relates; and
[Title 10 RCW—page 85]
10.97.060
Title 10 RCW: Criminal Procedure
(d) A brief description of the information disseminated.
The information pertaining to dissemination required to
be maintained shall be retained for a period of not less than
one year.
(8) In addition to the other provisions in this section
allowing dissemination of criminal history record information, RCW 4.24.550 governs dissemination of information
concerning offenders who commit sex offenses as defined by
RCW 9.94A.030. Criminal justice agencies, their employees, and officials shall be immune from civil liability for dissemination on criminal history record information concerning sex offenders as provided in RCW 4.24.550. [2005 c 421
§ 9; 1990 c 3 § 129; 1977 ex.s. c 314 § 5.]
Additional notes found at www.leg.wa.gov
10.97.060 Deletion of certain information, conditions. Criminal history record information which consists of
nonconviction data only shall be subject to deletion from
criminal justice agency files which are available and generally searched for the purpose of responding to inquiries concerning the criminal history of a named or otherwise identified individual when two years or longer have elapsed since
the record became nonconviction data as a result of the entry
of a disposition favorable to the defendant, or upon the passage of three years from the date of arrest or issuance of a
citation or warrant for an offense for which a conviction was
not obtained unless the defendant is a fugitive, or the case is
under active prosecution according to a current certification
made by the prosecuting attorney.
Such criminal history record information consisting of
nonconviction data shall be deleted upon the request of the
person who is the subject of the record: PROVIDED, HOWEVER, That the criminal justice agency maintaining the data
may, at its option, refuse to make the deletion if:
(1) The disposition was a deferred prosecution or similar
diversion of the alleged offender;
(2) The person who is the subject of the record has had a
prior conviction for a felony or gross misdemeanor;
(3) The individual who is the subject of the record has
been arrested for or charged with another crime during the
intervening period.
Nothing in this chapter is intended to restrict the authority of any court, through appropriate judicial proceedings, to
order the modification or deletion of a record in a particular
cause or concerning a particular individual or event. [1977
ex.s. c 314 § 6.]
10.97.060
10.97.070 Disclosure of suspect’s identity to victim.
(1) Criminal justice agencies may, in their discretion, disclose to persons who have suffered physical loss, property
damage, or injury compensable through civil action, the identity of persons suspected as being responsible for such loss,
damage, or injury together with such information as the
agency reasonably believes may be of assistance to the victim
in obtaining civil redress. Such disclosure may be made without regard to whether the suspected offender is an adult or a
juvenile, whether charges have or have not been filed, or a
prosecuting authority has declined to file a charge or a charge
has been dismissed.
10.97.070
[Title 10 RCW—page 86]
(2) Unless the agency determines release would interfere
with an ongoing criminal investigation, in any action brought
pursuant to this chapter, criminal justice agencies shall disclose identifying information, including photographs of suspects, if the acts are alleged by the plaintiff or victim to be a
violation of RCW 9A.50.020.
(3) The disclosure by a criminal justice agency of investigative information pursuant to subsection (1) of this section
shall not establish a duty to disclose any additional information concerning the same incident or make any subsequent
disclosure of investigative information, except to the extent
an additional disclosure is compelled by legal process. [1993
c 128 § 10; 1977 ex.s. c 314 § 7.]
Additional notes found at www.leg.wa.gov
10.97.080
10.97.080 Inspection of information by subject—
Challenges and corrections. All criminal justice agencies
shall permit an individual who is, or who believes that he or
she may be, the subject of a criminal record maintained by
that agency, to appear in person during normal business hours
of that criminal justice agency and request to see the criminal
history record information held by that agency pertaining to
the individual. The individual’s right to access and review of
criminal history record information shall not extend to data
contained in intelligence, investigative, or other related files,
and shall not be construed to include any information other
than that defined as criminal history record information by
this chapter.
Every criminal justice agency shall adopt rules and make
available forms to facilitate the inspection and review of
criminal history record information by the subjects thereof,
which rules may include requirements for identification, the
establishment of reasonable periods of time to be allowed an
individual to examine the record, and for assistance by an
individual’s counsel, interpreter, or other appropriate persons.
No person shall be allowed to retain or mechanically
reproduce any nonconviction data except for the purpose of
challenge or correction when the person who is the subject of
the record asserts the belief in writing that the information
regarding such person is inaccurate or incomplete. The provisions of chapter 42.56 RCW shall not be construed to
require or authorize copying of nonconviction data for any
other purpose.
The Washington state patrol shall establish rules for the
challenge of records which an individual declares to be inaccurate or incomplete, and for the resolution of any disputes
between individuals and criminal justice agencies pertaining
to the accuracy and completeness of criminal history record
information. The Washington state patrol shall also adopt
rules for the correction of criminal history record information
and the dissemination of corrected information to agencies
and persons to whom inaccurate or incomplete information
was previously disseminated. Such rules may establish time
limitations of not less than ninety days upon the requirement
for disseminating corrected information. [2010 c 8 § 1093;
2005 c 274 § 206; 1979 ex.s. c 36 § 3; 1977 ex.s. c 314 § 8.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
(2010 Ed.)
Criminal Justice Information Act
10.97.090 Administration by state patrol. The Washington state patrol is hereby designated the agency of state
government responsible for the administration of the 1977
Washington State Criminal Records Privacy Act. The Washington state patrol may adopt any rules and regulations necessary for the performance of the administrative functions provided for in this chapter.
The Washington state patrol shall have the following
specific administrative duties:
(1) To establish by rule and regulation standards for the
security of criminal history information systems in order that
such systems and the data contained therein be adequately
protected from fire, theft, loss, destruction, other physical
hazard, or unauthorized access;
(2) To establish by rule and regulation standards for personnel employed by criminal justice of other state and local
government agencies in positions with responsibility for
maintenance and dissemination of criminal history record
information; and
(3) To contract with the Washington state auditor or
other public or private agency, organization, or individual to
perform audits of criminal history record information systems. [1979 ex.s. c 36 § 4; 1977 ex.s. c 314 § 9.]
10.97.090
10.98.020
as authorized by this chapter or otherwise authorized by law.
[2010 c 8 § 1095; 1977 ex.s. c 314 § 12.]
10.97.130 Child victims of sexual assaults, identification confidential. Information identifying child victims
under age eighteen who are victims of sexual assaults is confidential and not subject to release to the press or public without the permission of the child victim or the child’s legal
guardian. Identifying information includes the child victim’s
name, addresses, location, photographs, and in cases in which
the child victim is a relative or stepchild of the alleged perpetrator, identification of the relationship between the child and
the alleged perpetrator. Information identifying the child victim of sexual assault may be released to law enforcement,
prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of
sexual assault. Prior to release of any criminal history record
information, the releasing agency shall delete any information identifying a child victim of sexual assault from the
information except as provided in this section. [1992 c 188 §
8.]
10.97.130
Findings—Intent—Severability—1992 c 188: See notes following
RCW 7.69A.020.
10.97.140 Construction. Nothing in RCW 40.14.060
or 40.14.070 or chapter 42.56 RCW precludes dissemination
of criminal history record information, including nonconviction data, for the purposes of this chapter. [2005 c 274 § 207;
1999 c 326 § 4.]
10.97.140
10.97.100 Fees. Criminal justice agencies shall be
authorized to establish and collect reasonable fees for the dissemination of criminal history record information to agencies
and persons other than criminal justice agencies. [1977 ex.s.
c 314 § 10.]
10.97.100
10.97.110 Civil remedies—Criminal prosecution not
affected. Any person may maintain an action to enjoin a continuance of any act or acts in violation of any of the provisions of this chapter, and if injured thereby, for the recovery
of damages and for the recovery of reasonable attorneys’
fees. If, in such action, the court shall find that the defendant
is violating or has violated any of the provisions of this chapter, it shall enjoin the defendant from a continuance thereof,
and it shall not be necessary that actual damages to the plaintiff be alleged or proved. In addition to such injunctive relief,
the plaintiff in said action shall be entitled to recover from the
defendant the amount of the actual damages, if any, sustained
by him or her if actual damages to the plaintiff are alleged and
proved. In any suit brought to enjoin a violation of this chapter, the prevailing party may be awarded reasonable attorneys’ fees, including fees incurred upon appeal. Commencement, pendency, or conclusion of a civil action for injunction
or damages shall not affect the liability of a person or agency
to criminal prosecution for a violation of this chapter. [2010
c 8 § 1094; 1979 ex.s. c 36 § 5; 1977 ex.s. c 314 § 11.]
10.97.110
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Chapter 10.98 RCW
CRIMINAL JUSTICE INFORMATION ACT
Chapter 10.98
Sections
10.98.010
10.98.020
10.98.030
10.98.040
10.98.050
10.98.060
10.98.070
10.98.080
10.98.090
10.98.100
10.98.110
10.98.130
10.98.140
10.98.150
10.98.160
Purpose.
Short title.
Source of conviction histories.
Definitions.
Officials’ duties.
Arrest and fingerprint form.
National crime information center interstate identification
index.
State identification number, furnishing of.
Disposition forms—Coding.
Compliance audit.
Tracking felony cases.
Local jail reports.
Forecasting, felons, sentences.
Status reports on felons.
Procedures, development considerations—Washington integrated justice information board, review and recommendations.
10.98.010 Purpose. The purpose of this chapter is to
provide a system of reporting and disseminating felony criminal justice information that provides: (1) Timely and accurate criminal histories for filing and sentencing under the sentencing reform act of 1981, (2) identification and tracking of
felons, and (3) data for statewide planning and forecasting of
the felon population. [1984 c 17 § 1.]
10.98.010
10.97.120 Criminal penalties—Civil action not
affected. Violation of the provisions of this chapter shall
constitute a misdemeanor, and any person whether as principal, agent, officer, or director for himself or herself or for
another person, or for any firm or corporation, public or private, or any municipality who or which shall violate any of
the provisions of this chapter shall be guilty of a misdemeanor for each single violation. Any criminal prosecution
shall not affect the right of any person to bring a civil action
10.97.120
(2010 Ed.)
10.98.020 Short title. This chapter may be known and
cited as the criminal justice information act. [1984 c 17 § 2.]
10.98.020
[Title 10 RCW—page 87]
10.98.030
Title 10 RCW: Criminal Procedure
10.98.030 Source of conviction histories. The Washington state patrol identification, child abuse, and criminal
history section as established in *RCW 43.43.700 shall be the
primary source of felony conviction histories for filings, plea
agreements, and sentencing on felony cases. [1999 c 143 §
50; 1984 c 17 § 3.]
10.98.030
*Reviser’s note: RCW 43.43.700 was amended by 2006 c 294 § 1,
renaming the "identification, child abuse, and criminal history section" as the
"identification and criminal history section."
10.98.040 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Arrest and fingerprint form" means the reporting
form prescribed by the *identification, child abuse, and criminal history section to initiate compiling arrest and identification information.
(2) "Chief law enforcement officer" includes the sheriff
or director of public safety of a county, the chief of police of
a city or town, and chief officers of other law enforcement
agencies operating within the state.
(3) "Department" means the department of corrections.
(4) "Disposition" means the conclusion of a criminal
proceeding at any stage it occurs in the criminal justice system. Disposition includes but is not limited to temporary or
permanent outcomes such as charges dropped by police,
charges not filed by the prosecuting attorney, deferred prosecution, defendant absconded, charges filed by the prosecuting
attorney pending court findings such as not guilty, dismissed,
guilty, or guilty—case appealed to higher court.
(5) "Disposition report" means the reporting form prescribed by the *identification, child abuse, and criminal history section to report the legal procedures taken after completing an arrest and fingerprint form. The disposition report
shall include but not be limited to the following types of
information:
(a) The type of disposition;
(b) The statutory citation for the arrests;
(c) The sentence structure if the defendant was convicted
of a felony;
(d) The state identification number; and
(e) Identification information and other information that
is prescribed by the *identification, child abuse, and criminal
history section.
(6) "Fingerprints" means the fingerprints taken from
arrested or charged persons under the procedures prescribed
by the Washington state patrol *identification, child abuse,
and criminal history section.
(7) "Prosecuting attorney" means the public or private
attorney prosecuting a criminal case.
(8) "Section" refers to the Washington state patrol *section on identification, child abuse, and criminal history.
(9) "Sentence structure" means itemizing the components of the felony sentence. The sentence structure shall
include but not be limited to the total or partial confinement
sentenced, and whether the sentence is prison or jail, community supervision, fines, restitution, or community restitution.
[2002 c 175 § 18; 1999 c 143 § 51; 1985 c 201 § 1; 1984 c 17
§ 4.]
10.98.040
[Title 10 RCW—page 88]
*Reviser’s note: The "identification, child abuse, and criminal history
section" was renamed the "identification and criminal history section" by
2006 c 294 § 1.
Effective date—2002 c 175: See note following RCW 7.80.130.
10.98.050 Officials’ duties. (1) It is the duty of the
chief law enforcement officer or the local director of corrections to transmit within seventy-two hours from the time of
arrest to the section fingerprints together with other identifying data as may be prescribed by the section, and statutory
violations of any person lawfully arrested, fingerprinted, and
photographed under RCW 43.43.735. The disposition report
shall be transmitted to the prosecuting attorney, county clerk,
or appropriate court of limited jurisdiction, whichever is
responsible for transmitting the report to the section under
RCW 10.98.010.
(2) At the preliminary hearing or the arraignment of a
felony case, the judge shall ensure that the felony defendants
have been fingerprinted and an arrest and fingerprint form
transmitted to the section. In cases where fingerprints have
not been taken, the judge shall order the chief law enforcement officer of the jurisdiction or the local director of corrections, or, in the case of a juvenile, the juvenile court administrator to initiate an arrest and fingerprint form and transmit it
to the section. The disposition report shall be transmitted to
the prosecuting attorney. [1999 c 49 § 2; 1989 c 6 § 1; 1987
c 450 § 6; 1985 c 201 § 2; 1984 c 17 § 5.]
10.98.050
10.98.060 Arrest and fingerprint form. The arrest and
fingerprint form shall include but not be limited to the following:
(1) Unique numbers associated with the arrest charges.
The unique numbering system may be controlled by the local
law enforcement agency, however the section shall approve
of the numbering system and maintain a current catalog of
approved local numbering systems. The purpose of the
unique numbering system is to allow tracking of arrest
charges through disposition;
(2) An organization code;
(3) Date of arrest;
(4) Local identification number;
(5) The prescribed fingerprints;
(6) Individual identification information and other information prescribed by the section. [1984 c 17 § 6.]
10.98.060
10.98.070 National crime information center interstate identification index. The section shall be the sole
recipient of arrest and fingerprint forms described in RCW
10.98.060, fingerprint forms described in RCW 43.43.760,
and disposition reports for forwarding to the federal bureau
of investigation as required for participation in the national
crime information center interstate identification index. The
section shall comply with national crime information center
interstate identification index regulations to maintain availability of out-of-state criminal history information. [1984 c
17 § 7.]
10.98.070
10.98.080 State identification number, furnishing of.
The section shall promptly furnish a state identification number to the originating agency and to the prosecuting attorney
who received a copy of the arrest and fingerprint form. In the
10.98.080
(2010 Ed.)
Criminal Justice Information Act
case of juvenile felony-like adjudications, the section shall
furnish, upon request, the state identification number to the
juvenile information section of the administrative office of
the courts. [2005 c 282 § 23; 1985 c 201 § 3; 1984 c 17 § 8.]
10.98.090
10.98.090 Disposition forms—Coding. (1) In all cases
where an arrest and fingerprint form is transmitted to the section, the originating agency shall code the form indicating
which agency is initially responsible for reporting the disposition to the section. Coding shall include but not be limited
to the prosecuting attorney, superior court, district court,
municipal court, or the originating agency.
(2) In the case of a superior court or felony disposition,
the county clerk or prosecuting attorney shall promptly transmit the completed disposition information to the section. In a
county where the judicial information system or other secure
method of electronic transfer of information has been implemented between the court and the section, the county clerk
shall electronically provide the disposition information. In
the case of a felony conviction in a county without the judicial information system or other secure method of electronic
transfer of information between the court and the section, the
prosecuting attorney shall attach a copy of the judgment and
sentence form to the disposition form transmitted to the section. In the case of a lower court disposition, the district or
municipal court administrator shall either promptly transmit
the completed disposition form or, in a county where the judicial information system or other secure method of electronic
transfer of information has been implemented between the
court and the section, electronically provide the disposition
information to the section. For all other dispositions the originating agency shall promptly transmit the completed disposition form to the section. [1998 c 197 § 1; 1985 c 201 § 4;
1984 c 17 § 9.]
10.98.100
10.98.100 Compliance audit. The section shall administer a compliance audit at least once annually for each prosecuting attorney, district and municipal court, and originating
agency to ensure that all disposition reports have been
received and added to the criminal offender record information described in *RCW 43.43.705. The section shall prepare
listings of all arrests charged and listed in the criminal
offender record information for which no disposition report
has been received and which has been outstanding for more
than nine months since the date of arrest. Each prosecuting
attorney, district and municipal court, and originating agency
shall be furnished a list of outstanding disposition reports.
Cases pending prosecution shall be considered outstanding
dispositions in the compliance audit. Within forty-five days,
the prosecuting attorney, district and municipal court, and
originating agency shall provide the section with a current
disposition report for each outstanding disposition. The section shall assist prosecuting attorneys with the compliance
audit by cross-checking outstanding cases with the administrative office of the courts and the department of corrections.
The section may provide technical assistance to prosecuting
attorneys, district or municipal courts, or originating agencies
for their compliance audits. The results of compliance audits
shall be published annually and distributed to legislative
committees dealing with criminal justice issues, the office of
(2010 Ed.)
10.98.140
financial management, and criminal justice agencies and
associations. [2005 c 282 § 24; 1985 c 201 § 5; 1984 c 17 §
10.]
*Reviser’s note: RCW 43.43.705 was amended by 2006 c 294 § 2,
changing the definition of "criminal offender record information" to "criminal history record information."
10.98.110 Tracking felony cases. (1) The department
shall maintain records to track felony cases for convicted felons sentenced either to a term of confinement exceeding one
year or ordered under the supervision of the department and
felony cases under the jurisdiction of the department pursuant
to interstate compact agreements.
(2) Tracking shall begin at the time the department
receives a judgment and sentence form from a prosecuting
attorney and shall include the collection and updating of felons’ criminal records from the time of sentencing through
discharge.
(3) The department of corrections shall collect information for tracking felons from its offices and from information
provided by county clerks, the Washington state patrol *identification, child abuse, and criminal history section, the office
of financial management, and any other public or private
agency that provides services to help individuals complete
their felony sentences. [1999 c 143 § 52; 1993 c 31 § 1; 1987
c 462 § 2; 1984 c 17 § 11.]
10.98.110
*Reviser’s note: The "identification, child abuse, and criminal history
section" was renamed the "identification and criminal history section" by
2006 c 294 § 1.
Additional notes found at www.leg.wa.gov
10.98.130 Local jail reports. Local jails shall report to
the office of financial management and that office shall transmit to the department the information on all persons convicted of felonies or incarcerated for noncompliance with a
felony sentence who are admitted or released from the jails
and shall promptly respond to requests of the department for
such data. Information transmitted shall include but not be
limited to the state identification number, whether the reason
for admission to jail was a felony conviction or noncompliance with a felony sentence, and the dates of the admission
and release.
The office of financial management may contract with a
state or local governmental agency, or combination thereof,
or a private organization for the information collection and
transmittal under this section. [1988 c 152 § 1; 1987 c 462 §
3; 1984 c 17 § 13.]
10.98.130
Additional notes found at www.leg.wa.gov
10.98.140 Forecasting, felons, sentences. (1) The section, the department, and the office of financial management
shall be the primary sources of information for criminal justice forecasting. The information maintained by these agencies shall be complete, accurate, and sufficiently timely to
support state criminal justice forecasting.
(2) The office of financial management shall be the official state agency for the sentenced felon jail forecast. This
forecast shall provide at least a six-year projection and shall
be published by December 1 of every even-numbered year
beginning with 1986. The office of financial management
10.98.140
[Title 10 RCW—page 89]
10.98.150
Title 10 RCW: Criminal Procedure
shall seek advice regarding the assumptions in the forecast
from criminal justice agencies and associations.
(3) The sentencing guidelines commission shall keep
records on all sentencings above or below the standard range
defined by chapter 9.94A RCW. As a minimum, the records
shall include the name of the offender, the crimes for which
the offender was sentenced, the name and county of the sentencing judge, and the deviation from the standard range.
Such records shall be made available to public officials upon
request. [1987 c 462 § 4; 1985 c 201 § 6; 1984 c 17 § 14.]
Additional notes found at www.leg.wa.gov
10.98.150 Status reports on felons. The section and
the department shall provide prompt responses to the requests
of law enforcement agencies and jails regarding the status of
suspected or convicted felons. Dissemination of individual
identities, criminal histories, or the whereabouts of a suspected or convicted felon shall be in accordance with chapter
10.97 RCW, the Washington state criminal records privacy
act. [1984 c 17 § 15.]
10.98.150
10.98.160 Procedures, development considerations—
Washington integrated justice information board, review
and recommendations. In the development and modification of the procedures, definitions, and reporting capabilities
of the section, the department, the office of financial management, and the responsible agencies and persons shall consider
the needs of other criminal justice agencies such as the
administrative office of the courts, local law enforcement
agencies, local jails, the sentencing guidelines commission,
the indeterminate sentence review board, the clemency
board, prosecuting attorneys, and affected state agencies such
as the office of financial management and legislative committees dealing with criminal justice issues. The Washington
integrated justice information board shall review and provide
recommendations to state justice agencies and the courts for
development and modification of the statewide justice information network. [2005 c 282 § 25; 2003 c 104 § 2; 1999 c
143 § 53; 1987 c 462 § 5; 1984 c 17 § 16.]
10.98.160
Additional notes found at www.leg.wa.gov
Chapter 10.99 RCW
DOMESTIC VIOLENCE—OFFICIAL RESPONSE
Chapter 10.99
Sections
10.99.010
10.99.020
10.99.030
10.99.040
10.99.045
10.99.050
10.99.055
10.99.060
10.99.070
10.99.080
10.99.090
10.99.100
10.99.900
10.99.901
Purpose—Intent.
Definitions.
Law enforcement officers—Training, powers, duties—
Domestic violence reports.
Duties of court—No-contact order.
Appearances by defendant—Defendant’s history—No-contact
order.
Victim contact—Restriction, prohibition—Violation, penalties—Written order—Procedures—Notice of change.
Enforcement of orders.
Prosecutor’s notice to victim—Description of available procedures.
Liability of peace officers.
Penalty assessment.
Policy adoption and implementation.
Sentencing—Factors—Defendant’s criminal history.
Severability—1979 ex.s. c 105.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Arrest without warrant in domestic violence cases: RCW 10.31.100(2).
[Title 10 RCW—page 90]
Domestic violence prevention: Chapter 26.50 RCW.
Rape crisis centers: Chapters 70.123 and 70.125 RCW.
Shelters for victims of domestic violence: Chapter 70.123 RCW.
Victims, survivors, and witnesses of crimes: Chapter 7.69 RCW.
10.99.010 Purpose—Intent. The purpose of this chapter is to recognize the importance of domestic violence as a
serious crime against society and to assure the victim of
domestic violence the maximum protection from abuse
which the law and those who enforce the law can provide.
The legislature finds that the existing criminal statutes are
adequate to provide protection for victims of domestic violence. However, previous societal attitudes have been
reflected in policies and practices of law enforcement agencies and prosecutors which have resulted in differing treatment of crimes occurring between cohabitants and of the
same crimes occurring between strangers. Only recently has
public perception of the serious consequences of domestic
violence to society and to the victims led to the recognition of
the necessity for early intervention by law enforcement agencies. It is the intent of the legislature that the official response
to cases of domestic violence shall stress the enforcement of
the laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated. Furthermore, it is the intent of the legislature that criminal laws be
enforced without regard to whether the persons involved are
or were married, cohabiting, or involved in a relationship.
[1979 ex.s. c 105 § 1.]
10.99.010
10.99.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agency" means a general authority Washington law
enforcement agency as defined in RCW 10.93.020.
(2) "Association" means the Washington association of
sheriffs and police chiefs.
(3) "Family or household members" means spouses,
former spouses, persons who have a child in common regardless of whether they have been married or have lived together
at any time, adult persons related by blood or marriage, adult
persons who are presently residing together or who have
resided together in the past, persons sixteen years of age or
older who are presently residing together or who have resided
together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a
person sixteen years of age or older has or has had a dating
relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren
and grandparents and grandchildren.
(4) "Dating relationship" has the same meaning as in
RCW 26.50.010.
(5) "Domestic violence" includes but is not limited to
any of the following crimes when committed by one family
or household member against another:
(a) Assault in the first degree (RCW 9A.36.011);
(b) Assault in the second degree (RCW 9A.36.021);
(c) Assault in the third degree (RCW 9A.36.031);
(d) Assault in the fourth degree (RCW 9A.36.041);
(e) Drive-by shooting (RCW 9A.36.045);
(f) Reckless endangerment (RCW 9A.36.050);
10.99.020
(2010 Ed.)
Domestic Violence—Official Response
(g) Coercion (RCW 9A.36.070);
(h) Burglary in the first degree (RCW 9A.52.020);
(i) Burglary in the second degree (RCW 9A.52.030);
(j) Criminal trespass in the first degree (RCW
9A.52.070);
(k) Criminal trespass in the second degree (RCW
9A.52.080);
(l) Malicious mischief in the first degree (RCW
9A.48.070);
(m) Malicious mischief in the second degree (RCW
9A.48.080);
(n) Malicious mischief in the third degree (RCW
9A.48.090);
(o) Kidnapping in the first degree (RCW 9A.40.020);
(p) Kidnapping in the second degree (RCW 9A.40.030);
(q) Unlawful imprisonment (RCW 9A.40.040);
(r) Violation of the provisions of a restraining order, nocontact order, or protection order restraining or enjoining the
person or restraining the person from going onto the grounds
of or entering a residence, workplace, school, or day care, or
prohibiting the person from knowingly coming within, or
knowingly remaining within, a specified distance of a location (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220,
26.26.138, 26.44.063, 26.44.150, 26.50.060, 26.50.070,
26.50.130, 26.52.070, or 74.34.145);
(s) Rape in the first degree (RCW 9A.44.040);
(t) Rape in the second degree (RCW 9A.44.050);
(u) Residential burglary (RCW 9A.52.025);
(v) Stalking (RCW 9A.46.110); and
(w) Interference with the reporting of domestic violence
(RCW 9A.36.150).
(6) "Employee" means any person currently employed
with an agency.
(7) "Sworn employee" means a general authority Washington peace officer as defined in RCW 10.93.020, any person appointed under RCW 35.21.333, and any person
appointed or elected to carry out the duties of the sheriff
under chapter 36.28 RCW.
(8) "Victim" means a family or household member who
has been subjected to domestic violence. [2004 c 18 § 2;
2000 c 119 § 5; 1997 c 338 § 53; 1996 c 248 § 5; 1995 c 246
§ 21; 1994 c 121 § 4; 1991 c 301 § 3; 1986 c 257 § 8; 1984 c
263 § 20; 1979 ex.s. c 105 § 2.]
Findings—Intent—2004 c 18: "The legislature reaffirms its determination to reduce the incident rate of domestic violence. The legislature finds
it is appropriate to help reduce the incident rate of domestic violence by
addressing the need for improved coordination and accountability among
general authority Washington law enforcement agencies and general authority Washington peace officers when reports of domestic violence are made
and the alleged perpetrator is a general authority Washington peace officer.
The legislature finds that coordination and accountability will be improved if
general authority Washington law enforcement agencies adopt policies that
meet statewide minimum requirements for training, reporting, interagency
cooperation, investigation, and collaboration with groups serving victims of
domestic violence. The legislature intends to provide maximum flexibility
to general authority Washington law enforcement agencies, consistent with
the purposes of this act, in their efforts to improve coordination and accountability when incidents of domestic violence committed or allegedly committed by general authority Washington peace officers are reported." [2004 c 18
§ 1.]
Application—2000 c 119: See note following RCW 26.50.021.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
(2010 Ed.)
10.99.030
Finding—1991 c 301: "The legislature finds that:
The collective costs to the community for domestic violence include
the systematic destruction of individuals and their families, lost lives, lost
productivity, and increased health care, criminal justice, and social service
costs.
Children growing up in violent homes are deeply affected by the violence as it happens and could be the next generation of batterers and victims.
Many communities have made headway in addressing the effects of
domestic violence and have devoted energy and resources to stopping this
violence. However, the process for breaking the cycle of abuse is lengthy.
No single system intervention is enough in itself.
An integrated system has not been adequately funded and structured to
assure access to a wide range of services, including those of the
law/safety/justice system, human service system, and health care system.
These services need to be coordinated and multidisciplinary in approach and
address the needs of victims, batterers, and children from violent homes.
Given the lethal nature of domestic violence and its effect on all within
its range, the community has a vested interest in the methods used to stop and
prevent future violence. Clear standards of quality are needed so that perpetrator treatment programs receiving public funds or court-ordered referrals
can be required to comply with these standards.
While incidents of domestic violence are not caused by perpetrator’s
use of alcohol and illegal substances, substance abuse may be a contributing
factor to domestic violence and the injuries and deaths that result from it.
There is a need for consistent training of professionals who deal frequently with domestic violence or are in a position to identify domestic violence and provide support and information.
Much has been learned about effective interventions in domestic violence situations; however, much is not yet known and further study is
required to know how to best stop this violence." [1991 c 301 § 1.]
Domestic violence defined under the Domestic Violence Prevention Act:
RCW 26.50.010.
Additional notes found at www.leg.wa.gov
10.99.030 Law enforcement officers—Training, powers, duties—Domestic violence reports. (1) All training
relating to the handling of domestic violence complaints by
law enforcement officers shall stress enforcement of criminal
laws in domestic situations, availability of community
resources, and protection of the victim. Law enforcement
agencies and community organizations with expertise in the
issue of domestic violence shall cooperate in all aspects of
such training.
(2) The criminal justice training commission shall implement by January 1, 1997, a course of instruction for the training of law enforcement officers in Washington in the handling of domestic violence complaints. The basic law
enforcement curriculum of the criminal justice training commission shall include at least twenty hours of basic training
instruction on the law enforcement response to domestic violence. The course of instruction, the learning and performance objectives, and the standards for the training shall be
developed by the commission and focus on enforcing the
criminal laws, safety of the victim, and holding the perpetrator accountable for the violence. The curriculum shall include
training on the extent and prevalence of domestic violence,
the importance of criminal justice intervention, techniques
for responding to incidents that minimize the likelihood of
officer injury and that promote victim safety, investigation
and interviewing skills, evidence gathering and report writing, assistance to and services for victims and children, verification and enforcement of court orders, liability, and any
additional provisions that are necessary to carry out the intention of this subsection.
(3) The criminal justice training commission shall
develop and update annually an in-service training program
to familiarize law enforcement officers with the domestic
10.99.030
[Title 10 RCW—page 91]
10.99.030
Title 10 RCW: Criminal Procedure
violence laws. The program shall include techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote the safety of all
parties. The commission shall make the training program
available to all law enforcement agencies in the state.
(4) Development of the training in subsections (2) and
(3) of this section shall be conducted in conjunction with
agencies having a primary responsibility for serving victims
of domestic violence with emergency shelter and other services, and representatives to the statewide organization providing training and education to these organizations and to
the general public.
(5) The primary duty of peace officers, when responding
to a domestic violence situation, is to enforce the laws allegedly violated and to protect the complaining party.
(6)(a) When a peace officer responds to a domestic violence call and has probable cause to believe that a crime has
been committed, the peace officer shall exercise arrest powers with reference to the criteria in RCW 10.31.100. The
officer shall notify the victim of the victim’s right to initiate a
criminal proceeding in all cases where the officer has not
exercised arrest powers or decided to initiate criminal proceedings by citation or otherwise. The parties in such cases
shall also be advised of the importance of preserving evidence.
(b) A peace officer responding to a domestic violence
call shall take a complete offense report including the
officer’s disposition of the case.
(7) When a peace officer responds to a domestic violence
call, the officer shall advise victims of all reasonable means
to prevent further abuse, including advising each person of
the availability of a shelter or other services in the community, and giving each person immediate notice of the legal
rights and remedies available. The notice shall include handing each person a copy of the following statement:
"IF YOU ARE THE VICTIM OF DOMESTIC
VIOLENCE, you can ask the city or county prosecuting attorney to file a criminal complaint. You
also have the right to file a petition in superior, district, or municipal court requesting an order for protection from domestic abuse which could include
any of the following: (a) An order restraining your
abuser from further acts of abuse; (b) an order
directing your abuser to leave your household; (c)
an order preventing your abuser from entering your
residence, school, business, or place of employment; (d) an order awarding you or the other parent
custody of or visitation with your minor child or
children; and (e) an order restraining your abuser
from molesting or interfering with minor children in
your custody. The forms you need to obtain a protection order are available in any municipal, district,
or superior court.
Information about shelters and alternatives to
domestic violence is available from a statewide
twenty-four-hour toll-free hot line at (include appropriate phone number). The battered women’s shelter
and other resources in your area are . . . . . (include
local information)"
[Title 10 RCW—page 92]
(8) The peace officer may offer, arrange, or facilitate
transportation for the victim to a hospital for treatment of
injuries or to a place of safety or shelter.
(9) The law enforcement agency shall forward the
offense report to the appropriate prosecutor within ten days
of making such report if there is probable cause to believe
that an offense has been committed, unless the case is under
active investigation.
(10) Each law enforcement agency shall make as soon as
practicable a written record and shall maintain records of all
incidents of domestic violence reported to it.
(11) Records kept pursuant to subsections (6) and (10) of
this section shall be made identifiable by means of a departmental code for domestic violence.
(12) Commencing January 1, 1994, records of incidents
of domestic violence shall be submitted, in accordance with
procedures described in this subsection, to the Washington
association of sheriffs and police chiefs by all law enforcement agencies. The Washington criminal justice training
commission shall amend its contract for collection of statewide crime data with the Washington association of sheriffs
and police chiefs:
(a) To include a table, in the annual report of crime in
Washington produced by the Washington association of sheriffs and police chiefs pursuant to the contract, showing the
total number of actual offenses and the number and percent of
the offenses that are domestic violence incidents for the following crimes: (i) Criminal homicide, with subtotals for
murder and nonnegligent homicide and manslaughter by negligence; (ii) forcible rape, with subtotals for rape by force and
attempted forcible rape; (iii) robbery, with subtotals for firearm, knife or cutting instrument, or other dangerous weapon,
and strongarm robbery; (iv) assault, with subtotals for firearm, knife or cutting instrument, other dangerous weapon,
hands, feet, aggravated, and other nonaggravated assaults; (v)
burglary, with subtotals for forcible entry, nonforcible unlawful entry, and attempted forcible entry; (vi) larceny theft,
except motor vehicle theft; (vii) motor vehicle theft, with
subtotals for autos, trucks and buses, and other vehicles; (viii)
arson; and (ix) violations of the provisions of a protection
order or no-contact order restraining the person from going
onto the grounds of or entering a residence, workplace,
school, or day care, provided that specific appropriations are
subsequently made for the collection and compilation of data
regarding violations of protection orders or no-contact
orders;
(b) To require that the table shall continue to be prepared
and contained in the annual report of crime in Washington
until that time as comparable or more detailed information
about domestic violence incidents is available through the
Washington state incident based reporting system and the
information is prepared and contained in the annual report of
crime in Washington; and
(c) To require that, in consultation with interested persons, the Washington association of sheriffs and police chiefs
prepare and disseminate procedures to all law enforcement
agencies in the state as to how the agencies shall code and
report domestic violence incidents to the Washington association of sheriffs and police chiefs. [1996 c 248 § 6; 1995 c
246 § 22; 1993 c 350 § 3; 1984 c 263 § 21; 1981 c 145 § 5;
1979 ex.s. c 105 § 3.]
(2010 Ed.)
Domestic Violence—Official Response
Findings—Severability—1993 c 350: See notes following RCW
26.50.035.
Additional notes found at www.leg.wa.gov
10.99.040 Duties of court—No-contact order. (1)
Because of the serious nature of domestic violence, the court
in domestic violence actions:
(a) Shall not dismiss any charge or delay disposition
because of concurrent dissolution or other civil proceedings;
(b) Shall not require proof that either party is seeking a
dissolution of marriage prior to instigation of criminal proceedings;
(c) Shall waive any requirement that the victim’s location be disclosed to any person, other than the attorney of a
criminal defendant, upon a showing that there is a possibility
of further violence: PROVIDED, That the court may order a
criminal defense attorney not to disclose to his or her client
the victim’s location; and
(d) Shall identify by any reasonable means on docket
sheets those criminal actions arising from acts of domestic
violence.
(2)(a) Because of the likelihood of repeated violence
directed at those who have been victims of domestic violence
in the past, when any person charged with or arrested for a
crime involving domestic violence is released from custody
before arraignment or trial on bail or personal recognizance,
the court authorizing the release may prohibit that person
from having any contact with the victim. The jurisdiction
authorizing the release shall determine whether that person
should be prohibited from having any contact with the victim.
If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the
court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from
having contact with the victim or from knowingly coming
within, or knowingly remaining within, a specified distance
of a location.
(b) In issuing the order, the court shall consider the provisions of RCW 9.41.800.
(c) The no-contact order shall also be issued in writing as
soon as possible. By January 1, 2011, the administrative
office of the courts shall develop a pattern form for all nocontact orders issued under this chapter. A no-contact order
issued under this chapter must substantially comply with the
pattern form developed by the administrative office of the
courts.
(3) At the time of arraignment the court shall determine
whether a no-contact order shall be issued or extended. The
no-contact order shall terminate if the defendant is acquitted
or the charges are dismissed. If a no-contact order is issued
or extended, the court may also include in the conditions of
release a requirement that the defendant submit to electronic
monitoring. If electronic monitoring is ordered, the court
shall specify who shall provide the monitoring services, and
the terms under which the monitoring shall be performed.
Upon conviction, the court may require as a condition of the
sentence that the defendant reimburse the providing agency
for the costs of the electronic monitoring.
(4)(a) Willful violation of a court order issued under subsection (2) or (3) of this section is punishable under RCW
26.50.110.
10.99.040
(2010 Ed.)
10.99.045
(b) The written order releasing the person charged or
arrested shall contain the court’s directives and shall bear the
legend: "Violation of this order is a criminal offense under
chapter 26.50 RCW and will subject a violator to arrest; any
assault, drive-by shooting, or reckless endangerment that is a
violation of this order is a felony. You can be arrested even
if any person protected by the order invites or allows you to
violate the order’s prohibitions. You have the sole responsibility to avoid or refrain from violating the order’s provisions. Only the court can change the order."
(c) A certified copy of the order shall be provided to the
victim.
(5) If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventytwo hours if charges are not filed. Such orders need not be
entered into the computer-based criminal intelligence information system in this state which is used by law enforcement
agencies to list outstanding warrants.
(6) Whenever a no-contact order is issued, modified, or
terminated under subsection (2) or (3) of this section, the
clerk of the court shall forward a copy of the order on or
before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy
of the order the law enforcement agency shall enter the order
for one year or until the expiration date specified on the order
into any computer-based criminal intelligence information
system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computerbased criminal intelligence information system constitutes
notice to all law enforcement agencies of the existence of the
order. The order is fully enforceable in any jurisdiction in the
state. Upon receipt of notice that an order has been terminated under subsection (3) of this section, the law enforcement agency shall remove the order from the computer-based
criminal intelligence information system.
(7) All courts shall develop policies and procedures by
January 1, 2011, to grant victims a process to modify or
rescind a no-contact order issued under this chapter. The
administrative office of the courts shall develop a model policy to assist the courts in implementing the requirements of
this subsection. [2010 c 274 § 309; 2000 c 119 § 18; 1997 c
338 § 54; 1996 c 248 § 7; 1995 c 246 § 23; 1994 sp.s. c 7 §
449; 1992 c 86 § 2; 1991 c 301 § 4; 1985 c 303 § 10; 1984 c
263 § 22; 1983 c 232 § 7; 1981 c 145 § 6; 1979 ex.s. c 105 §
4.]
Intent—2010 c 274: See note following RCW 10.31.100.
Application—2000 c 119: See note following RCW 26.50.021.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Finding—1991 c 301: See note following RCW 10.99.020.
Child abuse, temporary restraining order: RCW 26.44.063.
Orders for protection in cases of domestic violence: RCW 26.50.030,
26.50.070.
Temporary restraining order: RCW 26.09.060.
Additional notes found at www.leg.wa.gov
10.99.045 Appearances by defendant—Defendant’s
history—No-contact order. (1) A defendant arrested for an
offense involving domestic violence as defined by RCW
10.99.045
[Title 10 RCW—page 93]
10.99.050
Title 10 RCW: Criminal Procedure
10.99.020 shall be required to appear in person before a magistrate within one judicial day after the arrest.
(2) A defendant who is charged by citation, complaint, or
information with an offense involving domestic violence as
defined by RCW 10.99.020 and not arrested shall appear in
court for arraignment in person as soon as practicable, but in
no event later than fourteen days after the next day on which
court is in session following the issuance of the citation or the
filing of the complaint or information.
(3)(a) At the time of the appearances provided in subsection (1) or (2) of this section, the court shall determine the
necessity of imposing a no-contact order or other conditions
of pretrial release according to the procedures established by
court rule for a preliminary appearance or an arraignment.
The court may include in the order any conditions authorized
under RCW 9.41.800 and 10.99.040.
(b) For the purposes of (a) of this subsection, the prosecutor shall provide for the court’s review:
(i) The defendant’s criminal history, if any, that occurred
in Washington or any other state;
(ii) If available, the defendant’s criminal history that
occurred in any tribal jurisdiction; and
(iii) The defendant’s individual order history.
(c) For the purposes of (b) of this subsection, criminal
history includes all previous convictions and orders of
deferred prosecution, as reported through the judicial information system or otherwise available to the court or prosecutor, current to within the period specified in (d) of this subsection before the date of the appearance.
(d) The periods applicable to previous convictions and
orders of deferred prosecution are:
(i) One working day, in the case of previous actions of
courts that fully participate in the state judicial information
system; and
(ii) Seven calendar days, in the case of previous actions
of courts that do not fully participate in the judicial information system. For the purposes of this subsection, "fully participate" means regularly providing records to and receiving
records from the system by electronic means on a daily basis.
(4) Appearances required pursuant to this section are
mandatory and cannot be waived.
(5) The no-contact order shall be issued and entered with
the appropriate law enforcement agency pursuant to the procedures outlined in RCW 10.99.040 (2) and (6). [2010 c 274
§ 301; 2000 c 119 § 19; 1998 c 55 § 2; 1994 sp.s. c 7 § 450;
1984 c 263 § 23; 1983 c 232 § 8; 1981 c 145 § 7.]
Intent—2010 c 274: See note following RCW 10.31.100.
Application—2000 c 119: See note following RCW 26.50.021.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
10.99.050 Victim contact—Restriction, prohibition—Violation, penalties—Written order—Procedures—Notice of change. (1) When a defendant is found
guilty of a crime and a condition of the sentence restricts the
defendant’s ability to have contact with the victim, such condition shall be recorded and a written certified copy of that
order shall be provided to the victim.
10.99.050
[Title 10 RCW—page 94]
(2)(a) Willful violation of a court order issued under this
section is punishable under RCW 26.50.110.
(b) The written order shall contain the court’s directives
and shall bear the legend: Violation of this order is a criminal
offense under chapter 26.50 RCW and will subject a violator
to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony.
(3) Whenever an order prohibiting contact is issued pursuant to this section, the clerk of the court shall forward a
copy of the order on or before the next judicial day to the
appropriate law enforcement agency specified in the order.
Upon receipt of the copy of the order the law enforcement
agency shall enter the order for one year or until the expiration date specified on the order into any computer-based
criminal intelligence information system available in this
state used by law enforcement agencies to list outstanding
warrants. Entry into the computer-based criminal intelligence
information system constitutes notice to all law enforcement
agencies of the existence of the order. The order is fully
enforceable in any jurisdiction in the state.
(4) If an order prohibiting contact issued pursuant to this
section is modified or terminated, the clerk of the court shall
notify the law enforcement agency specified in the order on
or before the next judicial day. Upon receipt of notice that an
order has been terminated, the law enforcement agency shall
remove the order from any computer-based criminal intelligence system. [2000 c 119 § 20; 1997 c 338 § 55; 1996 c 248
§ 8; 1991 c 301 § 5; 1985 c 303 § 12; 1984 c 263 § 24; 1979
ex.s. c 105 § 5.]
Application—2000 c 119: See note following RCW 26.50.021.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Finding—1991 c 301: See note following RCW 10.99.020.
Additional notes found at www.leg.wa.gov
10.99.055 Enforcement of orders. A peace officer in
this state shall enforce an order issued by any court in this
state restricting a defendant’s ability to have contact with a
victim by arresting and taking the defendant into custody,
pending release on bail, personal recognizance, or court
order, when the officer has probable cause to believe that the
defendant has violated the terms of that order. [1984 c 263 §
25; 1983 c 232 § 9; 1981 c 145 § 8.]
10.99.055
Additional notes found at www.leg.wa.gov
10.99.060 Prosecutor’s notice to victim—Description
of available procedures. The public attorney responsible for
making the decision whether or not to prosecute shall advise
the victim of that decision within five days, and, prior to making that decision shall advise the victim, upon the victim’s
request, of the status of the case. Notification to the victim
that charges will not be filed shall include a description of the
procedures available to the victim in that jurisdiction to initiate a criminal proceeding. [1979 ex.s. c 105 § 6.]
10.99.060
10.99.070 Liability of peace officers. A peace officer
shall not be held liable in any civil action for an arrest based
on probable cause, enforcement in good faith of a court order,
or any other action or omission in good faith under this chap10.99.070
(2010 Ed.)
Domestic Violence—Official Response
ter arising from an alleged incident of domestic violence
brought by any party to the incident. [1979 ex.s. c 105 § 7.]
10.99.080 Penalty assessment. (1) All superior courts,
and courts organized under Title 3 or 35 RCW, may impose a
penalty assessment not to exceed one hundred dollars on any
person convicted of a crime involving domestic violence.
The assessment shall be in addition to, and shall not supersede, any other penalty, restitution, fines, or costs provided
by law.
(2) Revenue from the assessment shall be used solely for
the purposes of establishing and funding domestic violence
advocacy and domestic violence prevention and prosecution
programs in the city or county of the court imposing the
assessment. Revenue from the assessment shall not be used
for indigent criminal defense. If the city or county does not
have domestic violence advocacy or domestic violence prevention and prosecution programs, cities and counties may
use the revenue collected from the assessment to contract
with recognized community-based domestic violence program providers.
(3) The assessment imposed under this section shall not
be subject to any state or local remittance requirements under
chapter 3.46, 3.50, 3.62, 7.68, 10.82, or 35.20 RCW.
(4) For the purposes of this section, "convicted" includes
a plea of guilty, a finding of guilt regardless of whether the
imposition of the sentence is deferred or any part of the penalty is suspended, or the levying of a fine. For the purposes
of this section, "domestic violence" has the same meaning as
that term is defined under RCW 10.99.020 and includes violations of equivalent local ordinances.
(5) When determining whether to impose a penalty
assessment under this section, judges are encouraged to
solicit input from the victim or representatives for the victim
in assessing the ability of the convicted offender to pay the
penalty, including information regarding current financial
obligations, family circumstances, and ongoing restitution.
[2004 c 15 § 2.]
10.99.080
Intent—2004 c 15: "The legislature recognizes that domestic violence
is a growing and more visible public safety problem in Washington state than
ever before, and that domestic violence-related incidents have a significant
bearing on overall law enforcement and court caseloads. The legislature further recognizes the growing costs associated with domestic violence prevention and advocacy programs established by local governments and by community-based organizations.
It is the legislature’s intent to establish a penalty in law that will hold
convicted domestic violence offenders accountable while requiring them to
pay penalties to offset the costs of domestic violence advocacy and prevention programs. It is the legislature’s intent that the penalties imposed against
convicted domestic violence offenders under section 2 of this act be used for
established domestic violence prevention and prosecution programs. It is the
legislature’s intent that the revenue from the penalty assessment shall be in
addition to existing sources of funding to enhance or help prevent the reduction and elimination of domestic violence prevention and prosecution programs." [2004 c 15 § 1.]
10.99.090 Policy adoption and implementation. (1)
By December 1, 2004, the association shall develop a written
model policy on domestic violence committed or allegedly
committed by sworn employees of agencies. In developing
the policy, the association shall convene a work group consisting of representatives from the following entities and professions:
10.99.090
(2010 Ed.)
10.99.090
(a) Statewide organizations representing state and local
enforcement officers;
(b) A statewide organization providing training and education for agencies having the primary responsibility of serving victims of domestic violence with emergency shelter and
other services; and
(c) Any other organization or profession the association
determines to be appropriate.
(2) Members of the work group shall serve without compensation.
(3) The model policy shall provide due process for
employees and, at a minimum, meet the following standards:
(a) Provide prehire screening procedures reasonably calculated to disclose whether an applicant for a sworn
employee position:
(i) Has committed or, based on credible sources, has
been accused of committing an act of domestic violence;
(ii) Is currently being investigated for an allegation of
child abuse or neglect or has previously been investigated for
founded allegations of child abuse or neglect; or
(iii) Is currently or has previously been subject to any
order under RCW 26.44.063, this chapter, chapter 10.14 or
26.50 RCW, or any equivalent order issued by another state
or tribal court;
(b) Provide for the mandatory, immediate response to
acts or allegations of domestic violence committed or allegedly committed by a sworn employee of an agency;
(c) Provide to a sworn employee, upon the request of the
sworn employee or when the sworn employee has been
alleged to have committed an act of domestic violence, information on programs under RCW 26.50.150;
(d) Provide for the mandatory, immediate reporting by
employees when an employee becomes aware of an allegation of domestic violence committed or allegedly committed
by a sworn employee of the agency employing the sworn
employee;
(e) Provide procedures to address reporting by an
employee who is the victim of domestic violence committed
or allegedly committed by a sworn employee of an agency;
(f) Provide for the mandatory, immediate self-reporting
by a sworn employee to his or her employing agency when an
agency in any jurisdiction has responded to a domestic violence call in which the sworn employee committed or allegedly committed an act of domestic violence;
(g) Provide for the mandatory, immediate self-reporting
by a sworn employee to his or her employing agency if the
employee is currently being investigated for an allegation of
child abuse or neglect or has previously been investigated for
founded allegations of child abuse or neglect, or is currently
or has previously been subject to any order under RCW
26.44.063, this chapter, chapter 10.14 or 26.50 RCW, or any
equivalent order issued by another state or tribal court;
(h) Provide for the performance of prompt separate and
impartial administrative and criminal investigations of acts or
allegations of domestic violence committed or allegedly
committed by a sworn employee of an agency;
(i) Provide for appropriate action to be taken during an
administrative or criminal investigation of acts or allegations
of domestic violence committed or allegedly committed by a
sworn employee of an agency. The policy shall provide procedures to address, in a manner consistent with applicable
[Title 10 RCW—page 95]
10.99.100
Title 10 RCW: Criminal Procedure
law and the agency’s ability to maintain public safety within
its jurisdiction, whether to relieve the sworn employee of
agency-issued weapons and other agency-issued property
and whether to suspend the sworn employee’s power of arrest
or other police powers pending resolution of any investigation;
(j) Provide for prompt and appropriate discipline or sanctions when, after an agency investigation, it is determined
that a sworn employee has committed an act of domestic violence;
(k) Provide that, when there has been an allegation of
domestic violence committed or allegedly committed by a
sworn employee, the agency immediately make available to
the alleged victim the following information:
(i) The agency’s written policy on domestic violence
committed or allegedly committed by sworn employees;
(ii) Information, including but not limited to contact
information, about public and private nonprofit domestic violence advocates and services; and
(iii) Information regarding relevant confidentiality policies related to the victim’s information;
(l) Provide procedures for the timely response, consistent
with chapters 42.56 and 10.97 RCW, to an alleged victim’s
inquiries into the status of the administrative investigation
and the procedures the agency will follow in an investigation
of domestic violence committed or allegedly committed by a
sworn employee;
(m) Provide procedures requiring an agency to immediately notify the employing agency of a sworn employee when
the notifying agency becomes aware of acts or allegations of
domestic violence committed or allegedly committed by the
sworn employee within the jurisdiction of the notifying
agency; and
(n) Provide procedures for agencies to access and share
domestic violence training within their jurisdiction and with
other jurisdictions.
(4) By June 1, 2005, every agency shall adopt and implement a written policy on domestic violence committed or
allegedly committed by sworn employees of the agency that
meet the minimum standards specified in this section. In lieu
of developing its own policy, the agency may adopt the
model policy developed by the association under this section.
In developing its own policy, or before adopting the model
policy, the agency shall consult public and private nonprofit
domestic violence advocates and any other organizations and
professions the agency finds appropriate.
(5)(a) Except as provided in this section, not later than
June 30, 2006, every sworn employee of an agency shall be
trained by the agency on the agency’s policy required under
this section.
(b) Sworn employees hired by an agency on or after
March 1, 2006, shall, within six months of beginning
employment, be trained by the agency on the agency’s policy
required under this section.
(6)(a) By June 1, 2005, every agency shall provide a
copy of its policy developed under this section to the association and shall provide a statement notifying the association
of whether the agency has complied with the training
required under this section. The copy and statement shall be
provided in electronic format unless the agency is unable to
[Title 10 RCW—page 96]
do so. The agency shall provide the association with any
revisions to the policy upon adoption.
(b) The association shall maintain a copy of each
agency’s policy and shall provide to the governor and legislature not later than January 1, 2006, a list of those agencies
that have not developed and submitted policies and those
agencies that have not stated their compliance with the training required under this section.
(c) The association shall, upon request and within its
resources, provide technical assistance to agencies in developing their policies. [2005 c 274 § 209; 2004 c 18 § 3.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Findings—Intent—2004 c 18: See note following RCW 10.99.020.
10.99.100 Sentencing—Factors—Defendant’s criminal history. (1) In sentencing for a crime of domestic violence as defined in this chapter, courts of limited jurisdiction
shall consider, among other factors, whether:
(a) The defendant suffered a continuing pattern of coercion, control, or abuse by the victim of the offense and the
offense is a response to that coercion, control, or abuse;
(b) The offense was part of an ongoing pattern of psychological, physical, or sexual abuse of a victim or multiple
victims manifested by multiple incidents over a prolonged
period of time; and
(c) The offense occurred within sight or sound of the victim’s or the offender’s minor children under the age of eighteen years.
(2)(a) In sentencing for a crime of domestic violence as
defined in this chapter, the prosecutor shall provide for the
court’s review:
(i) The defendant’s criminal history, if any, that occurred
in Washington or any other state;
(ii) If available, the defendant’s prior criminal history
that occurred in any tribal jurisdiction; and
(iii) The defendant’s individual order history.
(b) For the purposes of (a) of this subsection, criminal
history includes all previous convictions and orders of
deferred prosecution, as reported through the judicial information system or otherwise available to the court or prosecutor, current to within the period specified in (c) of this subsection before the date of sentencing.
(c) The periods applicable to previous convictions and
orders of deferred prosecution are:
(i) One working day, in the case of previous actions of
courts that fully participate in the state judicial information
system; and
(ii) Seven calendar days, in the case of previous actions
of courts that do not fully participate in the judicial information system. For the purposes of this subsection, "fully participate" means regularly providing records to and receiving
records from the system by electronic means on a daily basis.
[2010 c 274 § 404.]
10.99.100
Intent—2010 c 274: See note following RCW 10.31.100.
10.99.900 Severability—1979 ex.s. c 105. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the applica10.99.900
(2010 Ed.)
Indigent Defense Services
tion of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 105 § 9.]
10.99.901 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 29.]
10.99.901
Chapter 10.101
Chapter 10.101 RCW
INDIGENT DEFENSE SERVICES
Sections
10.101.005
10.101.010
10.101.020
10.101.030
10.101.040
10.101.050
10.101.060
10.101.070
10.101.080
10.101.900
Legislative finding.
Definitions.
Determination of indigency—Provisional appointment—
Promissory note.
Standards.
Selection of defense attorneys.
Appropriated funds—Application, reports.
Appropriated funds—Use requirements.
County moneys.
City moneys.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
10.101.005 Legislative finding. The legislature finds
that effective legal representation must be provided for indigent persons and persons who are indigent and able to contribute, consistent with the constitutional requirements of
fairness, equal protection, and due process in all cases where
the right to counsel attaches. [2005 c 157 § 1; 1989 c 409 §
1.]
10.101.005
10.101.010 Definitions. The following definitions shall
be applied in connection with this chapter:
(1) "Indigent" means a person who, at any stage of a
court proceeding, is:
(a) Receiving one of the following types of public assistance: Temporary assistance for needy families, disability
lifeline benefits, poverty-related veterans’ benefits, food
stamps or food stamp benefits transferred electronically, refugee resettlement benefits, medicaid, or supplemental security income; or
(b) Involuntarily committed to a public mental health
facility; or
(c) Receiving an annual income, after taxes, of one hundred twenty-five percent or less of the current federally established poverty level; or
(d) Unable to pay the anticipated cost of counsel for the
matter before the court because his or her available funds are
insufficient to pay any amount for the retention of counsel.
10.101.010
(2010 Ed.)
10.101.020
(2) "Indigent and able to contribute" means a person
who, at any stage of a court proceeding, is unable to pay the
anticipated cost of counsel for the matter before the court
because his or her available funds are less than the anticipated
cost of counsel but sufficient for the person to pay a portion
of that cost.
(3) "Anticipated cost of counsel" means the cost of
retaining private counsel for representation on the matter
before the court.
(4) "Available funds" means liquid assets and disposable
net monthly income calculated after provision is made for
bail obligations. For the purpose of determining available
funds, the following definitions shall apply:
(a) "Liquid assets" means cash, savings accounts, bank
accounts, stocks, bonds, certificates of deposit, equity in real
estate, and equity in motor vehicles. A motor vehicle necessary to maintain employment and having a market value not
greater than three thousand dollars shall not be considered a
liquid asset.
(b) "Income" means salary, wages, interest, dividends,
and other earnings which are reportable for federal income
tax purposes, and cash payments such as reimbursements
received from pensions, annuities, social security, and public
assistance programs. It includes any contribution received
from any family member or other person who is domiciled in
the same residence as the defendant and who is helping to
defray the defendant’s basic living costs.
(c) "Disposable net monthly income" means the income
remaining each month after deducting federal, state, or local
income taxes, social security taxes, contributory retirement,
union dues, and basic living costs.
(d) "Basic living costs" means the average monthly
amount spent by the defendant for reasonable payments
toward living costs, such as shelter, food, utilities, health
care, transportation, clothing, loan payments, support payments, and court-imposed obligations. [2010 1st sp.s. c 8 §
12; 1998 c 79 § 2; 1997 c 59 § 3; 1989 c 409 § 2.]
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8:
See notes following RCW 74.04.225.
10.101.020 Determination of indigency—Provisional
appointment—Promissory note. (1) A determination of
indigency shall be made for all persons wishing the appointment of counsel in criminal, juvenile, involuntary commitment, and dependency cases, and any other case where the
right to counsel attaches. The court or its designee shall determine whether the person is indigent pursuant to the standards
set forth in this chapter.
(2) In making the determination of indigency, the court
shall also consider the anticipated length and complexity of
the proceedings and the usual and customary charges of an
attorney in the community for rendering services, and any
other circumstances presented to the court which are relevant
to the issue of indigency. The appointment of counsel shall
not be denied to the person because the person’s friends or
relatives, other than a spouse who was not the victim of any
offense or offenses allegedly committed by the person, have
resources adequate to retain counsel, or because the person
has posted or is capable of posting bond.
(3) The determination of indigency shall be made upon
the defendant’s initial contact with the court or at the earliest
10.101.020
[Title 10 RCW—page 97]
10.101.030
Title 10 RCW: Criminal Procedure
time circumstances permit. The court or its designee shall
keep a written record of the determination of indigency. Any
information given by the accused under this section or sections shall be confidential and shall not be available for use
by the prosecution in the pending case.
(4) If a determination of eligibility cannot be made
before the time when the first services are to be rendered, the
court shall appoint an attorney on a provisional basis. If the
court subsequently determines that the person receiving the
services is ineligible, the court shall notify the person of the
termination of services, subject to court-ordered reinstatement.
(5) All persons determined to be indigent and able to
contribute, shall be required to execute a promissory note at
the time counsel is appointed. The person shall be informed
whether payment shall be made in the form of a lump sum
payment or periodic payments. The payment and payment
schedule must be set forth in writing. The person receiving
the appointment of counsel shall also sign an affidavit swearing under penalty of perjury that all income and assets
reported are complete and accurate. In addition, the person
must swear in the affidavit to immediately report any change
in financial status to the court.
(6) The office or individual charged by the court to make
the determination of indigency shall provide a written report
and opinion as to indigency on a form prescribed by the
office of public defense, based on information obtained from
the defendant and subject to verification. The form shall
include information necessary to provide a basis for making a
determination with respect to indigency as provided by this
chapter. [1997 c 41 § 5; 1989 c 409 § 3.]
10.101.030 Standards. Each county or city under this
chapter shall adopt standards for the delivery of public
defense services, whether those services are provided by contract, assigned counsel, or a public defender office. Standards shall include the following: Compensation of counsel,
duties and responsibilities of counsel, case load limits and
types of cases, responsibility for expert witness fees and other
costs associated with representation, administrative
expenses, support services, reports of attorney activity and
vouchers, training, supervision, monitoring and evaluation of
attorneys, substitution of attorneys or assignment of contracts, limitations on private practice of contract attorneys,
qualifications of attorneys, disposition of client complaints,
cause for termination of contract or removal of attorney, and
nondiscrimination. The standards endorsed by the Washington state bar association for the provision of public defense
services should serve as guidelines to local legislative authorities in adopting standards. [2005 c 157 § 2; 1989 c 409 § 4.]
10.101.030
10.101.040 Selection of defense attorneys. City attorneys, county prosecutors, and law enforcement officers shall
not select the attorneys who will provide indigent defense
services. [1989 c 409 § 5.]
10.101.040
10.101.050 Appropriated funds—Application,
reports. The Washington state office of public defense shall
disburse appropriated funds to counties and cities for the purpose of improving the quality of public defense services.
10.101.050
[Title 10 RCW—page 98]
Counties may apply for up to their pro rata share as set forth
in RCW 10.101.060 provided that counties conform to application procedures established by the office of public defense
and improve the quality of services for both juveniles and
adults. Cities may apply for moneys pursuant to the grant
program set forth in RCW 10.101.080. In order to receive
funds, each applying county or city must require that attorneys providing public defense services attend training
approved by the office of public defense at least once per calendar year. Each applying county or city shall report the
expenditure for all public defense services in the previous
calendar year, as well as case statistics for that year, including
per attorney caseloads, and shall provide a copy of each current public defense contract to the office of public defense
with its application. Each individual or organization that
contracts to perform public defense services for a county or
city shall report to the county or city hours billed for nonpublic defense legal services in the previous calendar year,
including number and types of private cases. [2005 c 157 §
3.]
10.101.060 Appropriated funds—Use requirements.
(1)(a) Subject to the availability of funds appropriated for this
purpose, the office of public defense shall disburse to applying counties that meet the requirements of RCW 10.101.050
designated funds under this chapter on a pro rata basis pursuant to the formula set forth in RCW 10.101.070 and shall disburse to eligible cities, funds pursuant to RCW 10.101.080.
Each fiscal year for which it receives state funds under this
chapter, a county or city must document to the office of public defense that it is meeting the standards for provision of
indigent defense services as endorsed by the Washington
state bar association or that the funds received under this
chapter have been used to make appreciable demonstrable
improvements in the delivery of public defense services,
including the following:
(i) Adoption by ordinance of a legal representation plan
that addresses the factors in RCW 10.101.030. The plan must
apply to any contract or agency providing indigent defense
services for the county or city;
(ii) Requiring attorneys who provide public defense services to attend training under RCW 10.101.050;
(iii) Requiring attorneys who handle the most serious
cases to meet specified qualifications as set forth in the
Washington state bar association endorsed standards for public defense services or participate in at least one case consultation per case with office of public defense resource attorneys who are so qualified. The most serious cases include all
cases of murder in the first or second degree, persistent
offender cases, and class A felonies. This subsection
(1)(a)(iii) does not apply to cities receiving funds under RCW
10.101.050 through 10.101.080;
(iv) Requiring contracts to address the subject of compensation for extraordinary cases;
(v) Identifying funding specifically for the purpose of
paying experts (A) for which public defense attorneys may
file ex parte motions, or (B) which should be specifically designated within a public defender agency budget;
(vi) Identifying funding specifically for the purpose of
paying investigators (A) for which public defense attorneys
10.101.060
(2010 Ed.)
Property Involved in a Felony
may file ex parte motions, and (B) which should be specifically designated within a public defender agency budget.
(b) The cost of providing counsel in cases where there is
a conflict of interest shall not be borne by the attorney or
agency who has the conflict.
(2) The office of public defense shall determine eligibility of counties and cities to receive state funds under this
chapter. If a determination is made that a county or city
receiving state funds under this chapter did not substantially
comply with this section, the office of public defense shall
notify the county or city of the failure to comply and unless
the county or city contacts the office of public defense and
substantially corrects the deficiencies within ninety days after
the date of notice, or some other mutually agreed period of
time, the county’s or city’s eligibility to continue receiving
funds under this chapter is terminated. If an applying county
or city disagrees with the determination of the office of public
defense as to the county’s or city’s eligibility, the county or
city may file an appeal with the advisory committee of the
office of public defense within thirty days of the eligibility
determination. The decision of the advisory committee is
final. [2005 c 157 § 4.]
10.101.070
10.101.070 County moneys. The moneys shall be distributed to each county determined to be eligible to receive
moneys by the office of public defense as determined under
this section. Ninety percent of the funding appropriated shall
be designated as "county moneys" and shall be distributed as
follows:
(1) Six percent of the county moneys appropriated shall
be distributed as a base allocation among the eligible counties. A county’s base allocation shall be equal to this six percent divided by the total number of eligible counties.
(2) Ninety-four percent of the county moneys appropriated shall be distributed among the eligible counties as follows:
(a) Fifty percent of this amount shall be distributed on a
pro rata basis to each eligible county based upon the population of the county as a percentage of the total population of all
eligible counties; and
(b) Fifty percent of this amount shall be distributed on a
pro rata basis to each eligible county based upon the annual
number of criminal cases filed in the county superior court as
a percentage of the total annual number of criminal cases
filed in the superior courts of all eligible counties.
(3) Under this section:
(a) The population of the county is the most recent number determined by the office of financial management;
(b) The annual number of criminal cases filed in the
county superior court is determined by the most recent annual
report of the courts of Washington, as published by the office
of the administrator for the courts;
(c) Distributions and eligibility for distributions in the
2005-2007 biennium shall be based on 2004 figures for the
annual number of criminal cases that are filed as described
under (b) of this subsection. Future distributions shall be
based on the most recent figures for the annual number of
criminal cases that are filed as described under (b) of this subsection. [2005 c 157 § 5.]
(2010 Ed.)
10.105.010
10.101.080 City moneys. The moneys under RCW
10.101.050 shall be distributed to each city determined to be
eligible under this section by the office of public defense.
Ten percent of the funding appropriated shall be designated
as "city moneys" and distributed as follows:
(1) The office of public defense shall administer a grant
program to select the cities eligible to receive city moneys.
Incorporated cities may apply for grants. Applying cities
must conform to the requirements of RCW 10.101.050 and
10.101.060.
(2) City moneys shall be distributed in a timely manner
to accomplish the goals of the grants.
(3) Criteria for award of grants shall be established by
the office of public defense after soliciting input from the
association of Washington cities. Award of the grants shall
be determined by the office of public defense. [2007 c 59 §
1; 2005 c 157 § 6.]
10.101.080
10.101.900 Construction—Chapter applicable to
state registered domestic partnerships—2009 c 521. For
the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family
shall be interpreted as applying equally to state registered
domestic partnerships or individuals in state registered
domestic partnerships as well as to marital relationships and
married persons, and references to dissolution of marriage
shall apply equally to state registered domestic partnerships
that have been terminated, dissolved, or invalidated, to the
extent that such interpretation does not conflict with federal
law. Where necessary to implement chapter 521, Laws of
2009, gender-specific terms such as husband and wife used in
any statute, rule, or other law shall be construed to be gender
neutral, and applicable to individuals in state registered
domestic partnerships. [2009 c 521 § 30.]
10.101.900
Chapter 10.105
Chapter 10.105 RCW
PROPERTY INVOLVED IN A FELONY
Sections
10.105.010
10.105.900
Seizure and forfeiture.
Application.
10.105.010 Seizure and forfeiture. (1) The following
are subject to seizure and forfeiture and no property right
exists in them: All personal property, including, but not limited to, any item, object, tool, substance, device, weapon,
machine, vehicle of any kind, money, security, or negotiable
instrument, which has been or was actually employed as an
instrumentality in the commission of, or in aiding or abetting
in the commission of any felony, or which was furnished or
was intended to be furnished by any person in the commission of, as a result of, or as compensation for the commission
of, any felony, or which was acquired in whole or in part with
proceeds traceable to the commission of a felony. No property may be forfeited under this section until after there has
been a superior court conviction of the owner of the property
for the felony in connection with which the property was
employed, furnished, or acquired.
A forfeiture of property encumbered by a bona fide security interest is subject to the interest of the secured party if at
the time the security interest was created, the secured party
10.105.010
[Title 10 RCW—page 99]
10.105.900
Title 10 RCW: Criminal Procedure
neither had knowledge of nor consented to the commission of
the felony.
(2) Personal property subject to forfeiture under this
chapter may be seized by any law enforcement officer of this
state upon process issued by any superior court having jurisdiction over the property. Seizure of personal property without process may be made if:
(a) The seizure is incident to an arrest or a search under a
search warrant;
(b) The property subject to seizure has been the subject
of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding;
(c) A law enforcement officer has probable cause to
believe that the property is directly dangerous to health or
safety; or
(d) The law enforcement officer has probable cause to
believe that the property was used or is intended to be used in
the commission of a felony.
(3) In the event of seizure pursuant to this section, proceedings for forfeiture shall be deemed commenced by the
seizure. The law enforcement agency under whose authority
the seizure was made shall cause notice to be served within
fifteen days following the seizure on the owner of the property seized and the person in charge thereof and any person
having any known right or interest therein, including any
community property interest, of the seizure and intended forfeiture of the seized property. The notice of seizure may be
served by any method authorized by law or court rule including but not limited to service by certified mail with return
receipt requested. Service by mail shall be deemed complete
upon mailing within the fifteen day period following the seizure. Notice of seizure in the case of property subject to a
security interest that has been perfected by filing a financing
statement in accordance with chapter 62A.9A RCW, or a certificate of title shall be made by service upon the secured
party or the secured party’s assignee at the address shown on
the financing statement or the certificate of title.
(4) If no person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of items specified in subsection (1) of this section within forty-five days of the seizure, the item seized shall
be deemed forfeited.
(5) If a person notifies the seizing law enforcement
agency in writing of the person’s claim of ownership or right
to possession of the seized property within forty-five days of
the seizure, the law enforcement agency shall give the person
or persons a reasonable opportunity to be heard as to the
claim or right. The hearing shall be before the chief law
enforcement officer of the seizing agency or the chief law
enforcement officer’s designee, except where the seizing
agency is a state agency as defined in RCW 34.12.020(4), the
hearing shall be before the chief law enforcement officer of
the seizing agency or an administrative law judge appointed
under chapter 34.12 RCW, except that any person asserting a
claim or right may remove the matter to a court of competent
jurisdiction. Removal may only be accomplished according
to the rules of civil procedure. The person seeking removal
of the matter must serve process against the state, county,
political subdivision, or municipality that operates the seizing
agency, and any other party of interest, in accordance with
RCW 4.28.080 or 4.92.020, within forty-five days after the
[Title 10 RCW—page 100]
person seeking removal has notified the seizing law enforcement agency of the person’s claim of ownership or right to
possession. The court to which the matter is to be removed
shall be the district court when the aggregate value of the
property is within the jurisdictional limit set forth in RCW
3.66.020. A hearing before the seizing agency and any
appeal therefrom shall be under Title 34 RCW. In a court
hearing between two or more claimants to the property
involved, the prevailing party shall be entitled to a judgment
for costs and reasonable attorney’s fees. The burden of producing evidence shall be upon the person claiming to be the
lawful owner or the person claiming to have the lawful right
to possession of the property. The seizing law enforcement
agency shall promptly return the property to the claimant
upon a determination by the administrative law judge or court
that the claimant is the present lawful owner or is lawfully
entitled to possession of the property.
(6) When property is forfeited under this chapter, after
satisfying any court-ordered victim restitution, the seizing
law enforcement agency may:
(a) Retain it for official use or upon application by any
law enforcement agency of this state release such property to
such agency for the exclusive use of enforcing the criminal
law;
(b) Sell that which is not required to be destroyed by law
and which is not harmful to the public.
(7) By January 31st of each year, each seizing agency
shall remit to the state treasurer an amount equal to ten percent of the net proceeds of any property forfeited during the
preceding calendar year. Money remitted shall be deposited
in the state general fund.
(a) The net proceeds of forfeited property is the value of
the forfeitable interest in the property after deducting the cost
of satisfying any bona fide security interest to which the
property is subject at the time of seizure; and in the case of
sold property, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling
agents.
(b) The value of sold forfeited property is the sale price.
The value of retained forfeited property is the fair market
value of the property at the time of seizure, determined when
possible by reference to an applicable commonly used index,
such as the index used by the department of licensing for valuation of motor vehicles. A seizing agency may use, but need
not use, an independent qualified appraiser to determine the
value of retained property. If an appraiser is used, the value
of the property appraised is net of the cost of the appraisal.
The value of destroyed property and retained firearms or illegal property is zero.
(c) Retained property and net proceeds not required to be
paid to the state treasurer, or otherwise required to be spent
under this section, shall be retained by the seizing law
enforcement agency exclusively for the expansion and
improvement of law enforcement activity. Money retained
under this section may not be used to supplant preexisting
funding sources. [2009 c 479 § 15; 1993 c 288 § 2.]
Effective date—2009 c 479: See note following RCW 2.56.030.
10.105.900 Application. This chapter does not apply to
property subject to forfeiture under chapter 66.32 RCW,
10.105.900
(2010 Ed.)
Property Involved in a Felony
10.105.900
RCW 69.50.505, 9.41.098, 9.46.231, 9A.82.100, 9A.83.030,
7.48.090, or 77.15.070. [2003 c 39 § 6; 1994 c 218 § 18;
1993 c 288 § 1.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
[Title 10 RCW—page 101]
Title 11
Chapters
11.02
11.04
11.05A
11.07
Title 11
PROBATE AND TRUST LAW
General provisions.
Descent and distribution.
Uniform simultaneous death act.
Nonprobate assets on dissolution or invalidation of marriage.
11.08
Escheats.
11.10
Abatement of assets.
11.11
Testamentary disposition of nonprobate assets
act.
11.12
Wills.
11.18
Liability of beneficiary of nonprobate asset.
11.20
Custody, proof, and probate of wills.
11.24
Will contests.
11.28
Letters testamentary and of administration.
11.32
Special administrators.
11.36
Qualifications of personal representatives.
11.40
Claims against estate.
11.42
Settlement of creditor claims for estates passing without probate.
11.44
Inventory and appraisement.
11.48
Personal representatives—General provisions—Actions by and against.
11.54
Family support and postdeath creditor’s claim
exemptions.
11.56
Sales, exchanges, leases, mortgages, and borrowing.
11.60
Performance of decedent’s contracts.
11.62
Small estates—Disposition of property.
11.64
Partnership property.
11.66
Social security benefits.
11.68
Settlement of estates without administration.
11.72
Distribution before settlement.
11.76
Settlement of estates.
11.80
Estates of absentees.
11.84
Inheritance rights of slayers or abusers.
11.86
Disclaimer of interests.
11.88
Guardianship—Appointment, qualification,
removal of guardians.
11.90
Uniform adult guardianship and protective
proceedings jurisdiction act.
11.92
Guardianship—Powers and duties of guardian
or limited guardian.
11.94
Power of attorney.
11.95
Powers of appointment.
11.96A
Trust and estate dispute resolution.
11.97
Effect of trust instrument.
11.98
Trusts.
11.99
Construction.
11.100
Investment of trust funds.
11.102
Common trust funds.
11.104A Washington principal and income act of 2002.
11.106
Trustees’ accounting act.
11.108
Miscellaneous provisions for distributions
made by a governing instrument.
11.110
Charitable trusts.
11.114
Uniform transfers to minors act.
11.118
Trusts—Animals.
Rules of court:
(2010 Ed.)
compensation, reports: SPR 98.12W.
guardians, receivers, personal representatives compromise and settlement: SPR 98.08W.
receivers, reports by: SPR 98.10W.
Cemetery plots, inheritance: Chapter 68.32 RCW.
Community property agreements: Chapter 26.16 RCW.
Coroner’s duty as to property of deceased: RCW 36.24.130, 36.24.180.
Court commissioners, powers in probate matters: RCW 2.24.040.
Donation of human remains for medical purposes: Chapter 68.64 RCW.
Evidence, transaction with person since deceased: RCW 5.60.030.
Fees, collection by superior court clerk: RCW 27.24.070, 36.18.020.
Joint tenancy: Chapter 64.28 RCW.
Jurisdiction: RCW 2.08.010, 2.08.190; State Constitution Art. 4 §§ 4 and 6
(Amendment 28).
Life insurance payable to trustee named as beneficiary in policy or will:
RCW 48.18.450, 48.18.452.
Partition of real property: Chapter 7.52 RCW.
Production of pretended heir: Chapter 9A.60 RCW.
Replacement of lost or destroyed probate records: RCW 5.48.060.
Stock certificates—Joint tenancy—Transfer pursuant to direction of survivor: RCW 23B.07.240.
Veterans’ estates, appointment of director of veterans’ affairs to act as fiduciary: RCW 73.04.130.
Wages
payment on death of employee: RCW 49.48.120.
preference on death of employer: RCW 49.56.020.
Written finding of presumed death, missing in action, etc.: RCW 5.40.020
through 5.40.040.
Chapter 11.02
Chapter 11.02 RCW
GENERAL PROVISIONS
Sections
11.02.001
11.02.005
11.02.070
11.02.080
11.02.091
11.02.100
11.02.110
11.02.120
11.02.130
11.02.900
11.02.901
11.02.902
11.02.903
Section headings in Title 11 RCW not part of law.
Definitions and use of terms.
Community property—Disposition—Probate administration
of.
Application and construction of act as to wills, proceedings,
guardians, accrued rights, and pre-executed instruments—
Severability—Effective date—1974 ex.s. c 117.
Written instrument—Limit on characterization as testamentary.
Transfer of shares of record—Dividends.
Transfer of shares or securities—Presumption of joint tenancy.
Transfer of shares—Liability.
Safe deposit repository—Lease provision ineffective to create
joint tenancy or transfer at one lessee’s death.
Short title—Washington trust act of 1984.
Application—1985 c 30—Application of 1984 c 149 as
amended and reenacted in 1985.
Purpose—1985 c 30.
Severability—1985 c 30.
11.02.001 Section headings in Title 11 RCW not part
of law. Section headings, as found in Title 11 RCW, do not
constitute any part of the law. [1985 c 30 § 3. Prior: 1984 c
149 § 179.]
11.02.001
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
[Title 11 RCW—page 1]
11.02.005
Title 11 RCW: Probate and Trust Law
Additional notes found at www.leg.wa.gov
11.02.005 Definitions and use of terms. When used in
this title, unless otherwise required from the context:
(1) "Personal representative" includes executor, administrator, special administrator, and guardian or limited guardian and special representative.
(2) "Net estate" refers to the real and personal property of
a decedent exclusive of homestead rights, exempt property,
the family allowance and enforceable claims against, and
debts of, the deceased or the estate.
(3) "Representation" refers to a method of determining
distribution in which the takers are in unequal degrees of kinship with respect to a decedent, and is accomplished as follows: After first determining who, of those entitled to share
in the estate, are in the nearest degree of kinship, the estate is
divided into equal shares, the number of shares being the sum
of the number of persons who survive the decedent who are
in the nearest degree of kinship and the number of persons in
the same degree of kinship who died before the decedent but
who left issue surviving the decedent; each share of a
deceased person in the nearest degree shall be divided among
those of the deceased person’s issue who survive the decedent and have no ancestor then living who is in the line of
relationship between them and the decedent, those more
remote in degree taking together the share which their ancestor would have taken had he or she survived the decedent.
(4) "Issue" means all the lineal descendants of an individual. An adopted individual is a lineal descendant of each
of his or her adoptive parents and of all individuals with
regard to which each adoptive parent is a lineal descendant.
A child conceived prior to the death of a parent but born after
the death of the deceased parent is considered to be the surviving issue of the deceased parent for purposes of this title.
(5) "Degree of kinship" means the degree of kinship as
computed according to the rules of the civil law; that is, by
counting upward from the intestate to the nearest common
ancestor and then downward to the relative, the degree of kinship being the sum of these two counts.
(6) "Heirs" denotes those persons, including the surviving spouse or surviving domestic partner, who are entitled
under the statutes of intestate succession to the real and personal property of a decedent on the decedent’s death intestate.
(7) "Real estate" includes, except as otherwise specifically provided herein, all lands, tenements, and hereditaments, and all rights thereto, and all interest therein possessed
and claimed in fee simple, or for the life of a third person.
(8) "Will" means an instrument validly executed as
required by RCW 11.12.020.
(9) "Codicil" means a will that modifies or partially
revokes an existing earlier will. A codicil need not refer to or
be attached to the earlier will.
(10) "Guardian" or "limited guardian" means a personal
representative of the person or estate of an incompetent or
disabled person as defined in RCW 11.88.010 and the term
may be used in lieu of "personal representative" wherever
required by context.
(11) "Administrator" means a personal representative of
the estate of a decedent and the term may be used in lieu of
"personal representative" wherever required by context.
11.02.005
[Title 11 RCW—page 2]
(12) "Executor" means a personal representative of the
estate of a decedent appointed by will and the term may be
used in lieu of "personal representative" wherever required
by context.
(13) "Special administrator" means a personal representative of the estate of a decedent appointed for limited purposes and the term may be used in lieu of "personal representative" wherever required by context.
(14) "Trustee" means an original, added, or successor
trustee and includes the state, or any agency thereof, when it
is acting as the trustee of a trust to which chapter 11.98 RCW
applies.
(15) "Nonprobate asset" means those rights and interests
of a person having beneficial ownership of an asset that pass
on the person’s death under a written instrument or arrangement other than the person’s will. "Nonprobate asset"
includes, but is not limited to, a right or interest passing under
a joint tenancy with right of survivorship, joint bank account
with right of survivorship, payable on death or trust bank
account, transfer on death security or security account, deed
or conveyance if possession has been postponed until the
death of the person, trust of which the person is grantor and
that becomes effective or irrevocable only upon the person’s
death, community property agreement, individual retirement
account or bond, or note or other contract the payment or performance of which is affected by the death of the person.
"Nonprobate asset" does not include: A payable-on-death
provision of a life insurance policy, annuity, or other similar
contract, or of an employee benefit plan; a right or interest
passing by descent and distribution under chapter 11.04
RCW; a right or interest if, before death, the person has irrevocably transferred the right or interest, the person has
waived the power to transfer it or, in the case of contractual
arrangement, the person has waived the unilateral right to
rescind or modify the arrangement; or a right or interest held
by the person solely in a fiduciary capacity. For the definition of "nonprobate asset" relating to revocation of a provision for a former spouse upon dissolution of marriage or declaration of invalidity of marriage, RCW 11.07.010(5) applies.
For the definition of "nonprobate asset" relating to revocation
of a provision for a former spouse upon dissolution of marriage or declaration of invalidity of marriage, see RCW
11.07.010(5). For the definition of "nonprobate asset" relating to testamentary disposition of nonprobate assets, see
RCW 11.11.010(7).
(16) "Internal Revenue Code" means the United States
Internal Revenue Code of 1986, as amended or renumbered
as of January 1, 2001.
(17) References to "section 2033A" of the Internal Revenue Code in wills, trust agreements, powers of appointment,
beneficiary designations, and other instruments governed by
or subject to this title shall be deemed to refer to the comparable or corresponding provisions of section 2057 of the
Internal Revenue Code, as added by section 6006(b) of the
Internal Revenue Service Restructuring Act of 1998 (H.R.
2676, P.L. 105-206); and references to the section 2033A
"exclusion" shall be deemed to mean the section 2057 deduction.
(18) "Surviving spouse" or "surviving domestic partner"
does not include an individual whose marriage to or state registered domestic partnership with the decedent has been ter(2010 Ed.)
General Provisions
minated, dissolved, or invalidated unless, by virtue of a subsequent marriage or state registered domestic partnership, he
or she is married to or in a domestic partnership with the
decedent at the time of death. A decree of separation that
does not terminate the status of spouses or domestic partners
is not a dissolution or invalidation for purposes of this subsection.
Words that import the singular number may also be
applied to the plural of persons and things.
Words importing the masculine gender only may be
extended to females also. [2008 c 6 § 901; 2007 c 475 § 1;
2005 c 97 § 1; 2001 c 320 § 1; 2000 c 130 § 1; 1999 c 358 §
20; 1998 c 292 § 117; 1997 c 252 § 1; 1994 c 221 § 1; 1993 c
73 § 1; 1985 c 30 § 4. Prior: 1984 c 149 § 4; 1977 ex.s. c 80
§ 14; 1975-’76 2nd ex.s. c 42 § 23; 1965 c 145 § 11.02.005.
Former RCW sections: Subd. (3), RCW 11.04.110; subd.
(4), RCW 11.04.010; subd. (5), RCW 11.04.100; subd. (6),
RCW 11.04.280; subd. (7), RCW 11.04.010; subd. (8) and
(9), RCW 11.12.240; subd. (14) and (15), RCW 11.02.040.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Severability—2007 c 475: See RCW 11.05A.903.
Effective date—2001 c 320: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 320 § 22.]
Application—2000 c 130: "Section 1 of this act applies to decedents
dying after December 31, 1997." [2000 c 130 § 2.]
Short title—Application—Purpose—Severability—1985 c 30:See
RCW 11.02.900 through 11.02.903.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Effect of decree of adoption: RCW 26.33.260.
Kindred of the half blood: RCW 11.04.035.
Additional notes found at www.leg.wa.gov
11.02.070 Community property—Disposition—Probate administration of. Except as provided in RCW
41.04.273 and 11.84.025, upon the death of a decedent, a
one-half share of the community property shall be confirmed
to the surviving spouse or surviving domestic partner, and the
other one-half share shall be subject to testamentary disposition by the decedent, or shall descend as provided in chapter
11.04 RCW. The whole of the community property shall be
subject to probate administration for all purposes of this title,
including the payment of obligations and debts of the community, the award in lieu of homestead, the allowance for
family support, and any other matter for which the community property would be responsible or liable if the decedent
were living. [2008 c 6 § 902; 1998 c 292 § 504; 1967 c 168
§ 1.]
11.02.091
(1) The provisions of chapter 117, Laws of 1974 ex. sess.
shall apply to any wills of decedents dying thereafter;
(2) The provisions of chapter 117, Laws of 1974 ex. sess.
shall apply to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent except to the extent that in the opinion of the court the
former procedure should be made applicable in a particular
case in the interest of justice or because of infeasibility of
application of the procedure of chapter 117, Laws of 1974 ex.
sess.;
(3) Every personal representative including a person
administering an estate of a minor or incompetent holding an
appointment on October 1, 1974, continues to hold the
appointment, has the powers conferred by chapter 117, Laws
of 1974 ex. sess. and is subject to the duties imposed with
respect to any act occurring or done thereafter;
(4) An act done before October 1, 1974 in any proceeding and any accrued right is not impaired by chapter 117,
Laws of 1974 ex. sess. If a right is acquired, extinguished, or
barred upon the expiration of a prescribed period of time
which has commenced to run by the provisions of any statute
before October 1, 1974, the provisions shall remain in force
with respect to that right;
(5) Any rule of construction or presumption provided in
chapter 117, Laws of 1974 ex. sess. applies to instruments
executed before October 1, 1974 unless there is a clear indication of a contrary intent. [1974 ex.s. c 117 § 1.]
Legislative directive—Part headings not part of law: "(1) Sections 4
and 5 of this 1974 amendatory act shall constitute a new chapter in Title 11
RCW.
(2) Sections 52 and 53 of this 1974 amendatory act shall constitute a
new chapter in Title 11 RCW.
(3) Part headings employed in this 1974 amendatory act do not constitute any part of the law and shall not be codified by the code reviser and shall
not become a part of the Revised Code of Washington." [1974 ex.s. c 117 §
2.]
Additional notes found at www.leg.wa.gov
11.02.070
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Descent and distribution of community property: RCW 11.04.015(1).
Disposition of quasi-community property: RCW 26.16.230.
Additional notes found at www.leg.wa.gov
11.02.080 Application and construction of act as to
wills, proceedings, guardians, accrued rights, and preexecuted instruments—Severability—Effective date—
1974 ex.s. c 117. On and after October 1, 1974:
11.02.080
(2010 Ed.)
11.02.091 Written instrument—Limit on characterization as testamentary. (1) An otherwise effective written
instrument of transfer may not be deemed testamentary solely
because of a provision for a nonprobate transfer at death in
the instrument.
(2) "Provision for a nonprobate transfer at death" as used
in subsection (1) of this section includes, but is not limited to,
a written provision that:
(a) Money or another benefit up to that time due to, controlled, or owned by a decedent before death must be paid
after the decedent’s death to a person whom the decedent designates either in the instrument or a separate writing, including a will, executed at any time;
(b) Money or another benefit due or to become due under
the instrument ceases to be payable in the event of the death
of the promisee or the promisor before payment or demand;
or
(c) Property, controlled by or owned by the decedent
before death, that is the subject of the instrument passes to a
person the decedent designates either in the instrument or in
a separate writing, including a will, executed at any time.
(3) "Otherwise effective written instrument of transfer"
as used in subsection (1) of this section means: An insurance
policy; a contract of employment; a bond; a mortgage; a
11.02.091
[Title 11 RCW—page 3]
11.02.100
Title 11 RCW: Probate and Trust Law
promissory note; a certified or uncertified security; an
account agreement; a compensation plan; a pension plan; an
individual retirement plan; an employee benefit plan; a joint
tenancy; a community property agreement; a trust; a conveyance; a deed of gift; a contract; or another written instrument
of a similar nature that would be effective if it did not contain
provision for a nonprobate transfer at death.
(4) This section only eliminates a requirement that
instruments of transfer comply with formalities for executing
wills under chapter 11.12 RCW. This section does not make
a written instrument effective as a contract, gift, conveyance,
deed, or trust that would not otherwise be effective as such
for reasons other than failure to comply with chapter 11.12
RCW.
(5) This section does not limit the rights of a creditor
under other laws of this state. [1993 c 291 § 2.]
11.02.100 Transfer of shares of record—Dividends.
Shares of record in the name of a spouse or domestic partner
may be transferred by such person, such person’s agent or
attorney, without the signature of such person’s spouse or
domestic partner. All dividends payable upon any shares of a
corporation standing in the name of a spouse or domestic
partner, shall be paid to such spouse or domestic partner, such
person’s agent or attorney, in the same manner as if such person were unmarried or not in a state registered domestic partnership, and it shall not be necessary for the other spouse or
domestic partner to join in a receipt therefor; and any proxy
or power given by a spouse or domestic partner, touching any
shares of any corporation standing in such person’s name,
shall be valid and binding without the signature of the other
spouse or other domestic partner. [2008 c 6 § 903; 1990 c
180 § 7.]
11.02.100
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
11.02.110 Transfer of shares or securities—Presumption of joint tenancy. Whenever shares or other securities issued by domestic or foreign corporations are or have
been issued or transferred to two or more persons in joint tenancy form on the books or records of the corporation, it is
presumed in favor of the corporation, its registrar and its
transfer agent that the shares or other securities are owned by
such persons in joint tenancy and not otherwise. A domestic
or foreign corporation or its registrar or transfer agent is not
liable for transferring or causing to be transferred on the
books of the corporation to or pursuant to the direction of the
surviving joint tenant or tenants any share or shares or other
securities theretofore issued by the corporation to two or
more persons in joint tenancy form on the books or records of
the corporation, unless the transfer was made with actual
knowledge by the corporation or by its registrar or transfer
agent of the existence of any understanding, agreement, condition, or evidence that the shares or securities were held
other than in joint tenancy, or of the invalidity of the joint tenancy or a breach of trust by the joint tenants. [1990 c 180 §
8.]
11.02.110
11.02.120 Transfer of shares—Liability. Neither a
domestic or foreign corporation or its registrar or transfer
11.02.120
[Title 11 RCW—page 4]
agent shall be liable for transferring or causing to be transferred on the books of the corporation to or pursuant to the
direction of the surviving spouse or the surviving domestic
partner any share or shares or other securities theretofore
issued by the corporation to the deceased or surviving spouse
or both, or to the deceased or surviving domestic partner or
both, if the corporation or its registrar or transfer agent shall
be provided with the following:
(1) A copy of an agreement which shall have been
entered into between the spouses or between the domestic
partners pursuant to RCW 26.16.120 and certified by the
auditor of the county in this state in whose office the same
shall have been recorded;
(2) A certified copy of the death certificate of the
deceased spouse or deceased domestic partner;
(3) An affidavit of the surviving spouse or surviving
domestic partner that:
(a) The shares or other securities constituted community
property of the spouses or the domestic partners at date of
death of the deceased spouse or deceased domestic partner
and their disposition is controlled by the community property
agreement;
(b) No proceedings have been instituted to contest or set
aside or cancel the agreement; and that
(c) The claims of creditors have been paid or provided
for. [2008 c 6 § 904; 1990 c 180 § 9.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
11.02.130 Safe deposit repository—Lease provision
ineffective to create joint tenancy or transfer at one lessee’s death. A provision in a lease of a safety deposit repository to the effect that two or more persons have access to the
repository, or that purports to create a joint tenancy in the
repository or in the contents of the repository, or that purports
to vest ownership of the contents of the repository in the surviving lessee, is ineffective to create joint ownership of the
contents of the repository or to transfer ownership at death of
one of the lessees to the survivor. Ownership of the contents
of the repository and devolution of title to those contents is
determined according to rules of law without regard to the
lease provisions. [1993 c 291 § 3.]
11.02.130
11.02.900 Short title—Washington trust act of 1984.
Chapter 149, Laws of 1984, as amended and reenacted in
chapters 8, 9, 10, 11, 23, 30, and 31, Laws of 1985 shall be
known as the Washington trust act of 1984. [1985 c 30 § 2.]
11.02.900
11.02.901 Application—1985 c 30—Application of
1984 c 149 as amended and reenacted in 1985. (1) Nothing
in chapter 8, 9, 10, 11, 23, 30, or 31, Laws of 1985 shall invalidate or nullify:
(a) Any instrument or property relationship that is executed and irrevocable as of the April 10, 1985; or
(b) Any action undertaken in a proceeding where the
action was commenced before April 10, 1985, as long as the
instrument, property relationship, or action complies with
chapter 149, Laws of 1984.
(2) Except as specifically provided otherwise in chapter
149, Laws of 1984 as amended and reenacted in 1985, chap11.02.901
(2010 Ed.)
Descent and Distribution
ter 149, Laws of 1984 as amended and reenacted in 1985
shall apply to all instruments, property relationships, and proceedings existing on January 1, 1985. [1985 c 30 § 139.]
11.02.902 Purpose—1985 c 30. The purpose of this act
is to make technical corrections to chapter 149, Laws of
1984, and to ensure that the changes made in that chapter
meet the constitutional requirements of Article II, section 19
of the state Constitution. [1985 c 30 § 1.]
11.02.902
11.02.903 Severability—1985 c 30. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 30 § 144.]
11.02.903
Chapter 11.04
Chapter 11.04 RCW
DESCENT AND DISTRIBUTION
Sections
11.04.015
11.04.035
11.04.041
11.04.060
11.04.071
11.04.081
11.04.085
11.04.095
11.04.230
11.04.240
11.04.250
11.04.290
Descent and distribution of real and personal estate.
Kindred of the half blood.
Advancements.
Tenancy in dower and by curtesy abolished.
Survivorship as incident of tenancy by the entireties abolished.
Inheritance by and from any child not dependent upon marriage of parents.
Inheritance by adopted child.
Inheritance from stepparent avoids escheat.
United States savings bond—Effect of death of co-owner.
United States savings bond—Effect of beneficiary’s survival
of registered owner.
When real estate vests—Rights of heirs.
Vesting of title.
Inheritance rights of slayers or abusers: Chapter 11.84 RCW.
11.04.015 Descent and distribution of real and personal estate. The net estate of a person dying intestate, or
that portion thereof with respect to which the person shall
have died intestate, shall descend subject to the provisions of
RCW 11.04.250 and 11.02.070, and shall be distributed as
follows:
(1) Share of surviving spouse or state registered domestic partner. The surviving spouse or state registered domestic
partner shall receive the following share:
(a) All of the decedent’s share of the net community
estate; and
(b) One-half of the net separate estate if the intestate is
survived by issue; or
(c) Three-quarters of the net separate estate if there is no
surviving issue, but the intestate is survived by one or more of
his or her parents, or by one or more of the issue of one or
more of his or her parents; or
(d) All of the net separate estate, if there is no surviving
issue nor parent nor issue of parent.
(2) Shares of others than surviving spouse or state registered domestic partner. The share of the net estate not distributable to the surviving spouse or state registered domestic
partner, or the entire net estate if there is no surviving spouse
or state registered domestic partner, shall descend and be distributed as follows:
(a) To the issue of the intestate; if they are all in the same
degree of kinship to the intestate, they shall take equally, or if
11.04.015
(2010 Ed.)
11.04.041
of unequal degree, then those of more remote degree shall
take by representation.
(b) If the intestate not be survived by issue, then to the
parent or parents who survive the intestate.
(c) If the intestate not be survived by issue or by either
parent, then to those issue of the parent or parents who survive the intestate; if they are all in the same degree of kinship
to the intestate, they shall take equally, or, if of unequal
degree, then those of more remote degree shall take by representation.
(d) If the intestate not be survived by issue or by either
parent, or by any issue of the parent or parents who survive
the intestate, then to the grandparent or grandparents who
survive the intestate; if both maternal and paternal grandparents survive the intestate, the maternal grandparent or grandparents shall take one-half and the paternal grandparent or
grandparents shall take one-half.
(e) If the intestate not be survived by issue or by either
parent, or by any issue of the parent or parents or by any
grandparent or grandparents, then to those issue of any grandparent or grandparents who survive the intestate; taken as a
group, the issue of the maternal grandparent or grandparents
shall share equally with the issue of the paternal grandparent
or grandparents, also taken as a group; within each such
group, all members share equally if they are all in the same
degree of kinship to the intestate, or, if some be of unequal
degree, then those of more remote degree shall take by representation. [2010 c 8 § 2001; 2007 c 156 § 27; 1974 ex.s. c
117 § 6; 1967 c 168 § 2; 1965 ex.s. c 55 § 1; 1965 c 145 §
11.04.015. Form er ly RCW 11 .04 .020 , 11.04.0 30,
11.04.050.]
Appropriation to pay debts and expenses: Chapter 11.10 RCW.
Community property
disposition: RCW 11.02.070.
generally: Chapter 26.16 RCW.
Escheats: Chapter 11.08 RCW.
"Net estate" defined: RCW 11.02.005(2).
Payment of claims where estate insufficient: RCW 11.76.150.
Priority of sale, etc., as between realty and personalty: Chapter 11.10 RCW.
Additional notes found at www.leg.wa.gov
11.04.035 Kindred of the half blood. Kindred of the
half blood shall inherit the same share which they would have
inherited if they had been of the whole blood, unless the
inheritance comes to the intestate by descent, devise, or gift
from one of his or her ancestors, or kindred of such ancestor’s
blood, in which case all those who are not of the blood of
such ancestors shall be excluded from such inheritance:
PROVIDED, HOWEVER, That the words "kindred of such
ancestor’s blood" and "blood of such ancestors" shall be construed to include any child lawfully adopted by one who is in
fact of the blood of such ancestors. [2010 c 8 § 2002; 1967 c
168 § 3; 1965 c 145 § 11.04.035. Formerly RCW 11.04.100,
part.]
11.04.035
"Degree of kinship" defined: RCW 11.02.005(5).
11.04.041 Advancements. If a person dies intestate as
to all his or her estate, property which he or she gave in his or
her lifetime as an advancement to any person who, if the
intestate had died at the time of making the advancement,
11.04.041
[Title 11 RCW—page 5]
11.04.060
Title 11 RCW: Probate and Trust Law
would be entitled to inherit a part of his or her estate, shall be
counted toward the advancee’s intestate share, and to the
extent that it does not exceed such intestate share shall be
taken into account in computing the estate to be distributed.
Every gratuitous inter vivos transfer is deemed to be an absolute gift and not an advancement unless shown to be an
advancement. The advancement shall be considered as of its
value at the time when the advancee came into possession or
enjoyment or at the time of the death of the intestate, whichever first occurs. If the advancee dies before the intestate,
leaving a lineal heir who takes from the intestate, the
advancement shall be taken into account in the same manner
as if it had been made directly to such heir. If such heir is
entitled to a lesser share in the estate than the advancee would
have been entitled had he or she survived the intestate, then
the heir shall only be charged with such proportion of the
advancement as the amount he or she would have inherited,
had there been no advancement, bears to the amount which
the advancee would have inherited, had there been no
advancement. [2010 c 8 § 2003; 1965 c 145 § 11.04.041.
Formerly RCW 11.04.040, 11.04.120, 11.04.130, 11.04.140,
11.04.150, 11.04.160, and 11.04.170.]
11.04.060 Tenancy in dower and by curtesy abolished. The provisions of RCW 11.04.015, as to the inheritance of the husband and wife from each other take the place
of tenancy in dower and tenancy by curtesy, which are hereby
abolished. [1965 c 145 § 11.04.060. Prior: Code 1881 §
3304; 1875 p 55 § 3; RRS § 1343.]
11.04.060
viving spouse or surviving domestic partner or having before
death conveyed all or substantially all his or her property to
the surviving spouse or surviving domestic partner, and afterwards the latter dies without heirs and without disposing of
his or her property by will so that except for this section the
same would all escheat, the issue of the spouse or domestic
partner first deceased who survive the spouse or domestic
partner last deceased shall take and inherit from the spouse or
domestic partner last deceased the property so acquired by
will or conveyance or the equivalent thereof in money or
other property; if such issue are all in the same degree of kinship to the spouse or domestic partner first deceased they
shall take equally, or, if of unequal degree, then those of more
remote degree shall take by representation with respect to
such spouse or such domestic partner first deceased. [2008 c
6 § 905; 1965 c 145 § 11.04.095. Prior: 1919 c 197 § 1;
RCW 11.08.010; RRS § 1356-1.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
11.04.230 United States savings bond—Effect of
death of co-owner. If either co-owner of United States savings bonds registered in two names as co-owners (in the alternative) dies without having presented and surrendered the
bond for payment to a federal reserve bank or the treasury
department, the surviving co-owner will be the sole and absolute owner of the bond. [1965 c 145 § 11.04.230. Prior: 1943
c 14 § 1; Rem. Supp. 1943 § 11548-60.]
11.04.230
11.04.240 United States savings bond—Effect of beneficiary’s survival of registered owner. If the registered
owner of United States savings bonds registered in the name
of one person payable on death to another dies without having presented and surrendered the bond for payment or authorized reissue to a federal reserve bank or the treasury department, and is survived by the beneficiary, the beneficiary will
be the sole and absolute owner of the bond. [1965 c 145 §
11.04.240. Prior: 1943 c 14 § 2; Rem. Supp. 1943 § 1154861.]
11.04.240
11.04.071 Survivorship as incident of tenancy by the
entireties abolished. The right of survivorship as an incident
of tenancy by the entireties is abolished. [1965 c 145 §
11.04.071.]
11.04.071
Joint tenancy: Chapter 64.28 RCW.
Safe deposit repository—Lease provision ineffective to create joint tenancy
or transfer at one lessee’s death: RCW 11.02.130.
11.04.081 Inheritance by and from any child not
dependent upon marriage of parents. For the purpose of
inheritance to, through, and from any child, the effects and
treatment of the parent-child relationship shall not depend
upon whether or not the parents have been married. [1975’76 2nd ex.s. c 42 § 24; 1965 c 145 § 11.04.081. Formerly
RCW 11.04.080 and 11.04.090.]
11.04.081
Effect of decree of adoption: RCW 26.33.260.
"Issue" includes all lawfully adopted children: RCW 11.02.005(4).
11.04.085 Inheritance by adopted child. A lawfully
adopted child shall not be considered an "heir" of his or her
natural parents for purposes of this title. [2010 c 8 § 2004;
1965 c 145 § 11.04.085.]
11.04.085
Effect of decree of adoption: RCW 26.33.260.
"Issue" includes lawfully adopted children: RCW 11.02.005(4).
11.04.095 Inheritance from stepparent avoids
escheat. If a person dies leaving a surviving spouse or surviving domestic partner and issue by a former spouse or
former domestic partner and leaving a will whereby all or
substantially all of the deceased’s property passes to the sur11.04.095
[Title 11 RCW—page 6]
11.04.250 When real estate vests—Rights of heirs.
When a person dies seized of lands, tenements or hereditaments, or any right thereto or entitled to any interest therein
in fee or for the life of another, his or her title shall vest
immediately in his or her heirs or devisees, subject to his or
her debts, family allowance, expenses of administration, and
any other charges for which such real estate is liable under
existing laws. No administration of the estate of such decedent, and no decree of distribution or other finding or order of
any court shall be necessary in any case to vest such title in
the heirs or devisees, but the same shall vest in the heirs or
devisees instantly upon the death of such decedent: PROVIDED, That no person shall be deemed a devisee until the
will has been probated. The title and right to possession of
such lands, tenements, or hereditaments so vested in such
heirs or devisees, together with the rents, issues, and profits
thereof, shall be good and valid against all persons claiming
adversely to the claims of any such heirs, or devisees, excepting only the personal representative when appointed, and persons lawfully claiming under such personal representative;
11.04.250
(2010 Ed.)
Uniform Simultaneous Death Act
and any one or more of such heirs or devisees, or their grantees, jointly or severally, may sue for and recover their respective shares or interests in any such lands, tenements, or hereditaments and the rents, issues, and profits thereof, whether
letters testamentary or of administration be granted or not,
from any person except the personal representative and those
lawfully claiming under such personal representative. [2010
c 8 § 2005; 1965 c 145 § 11.04.250. Prior: 1895 c 105 § 1;
RRS § 1366.]
Right to possession and management of estate: RCW 11.48.020.
11.04.290 Vesting of title. RCW 11.04.250 through
11.04.290 shall apply to community real property and also to
separate estate; and upon the death of either spouse or either
domestic partner, title of all community real property shall
vest immediately in the person or persons to whom the same
shall go, pass, descend or be devised, as provided in RCW
11.04.015, subject to all the charges mentioned in RCW
11.04.250. [2008 c 6 § 930; 1965 c 145 § 11.04.290. Prior:
1895 c 105 § 5; RRS § 1370.]
11.05A.050
except for the purposes of the uniform TOD security registration act, if the title to property, the devolution of property, the
right to elect an interest in property, or the right to exempt
property, homestead, or family allowance depends upon an
individual’s survivorship of the death of another individual,
an individual who is not established by clear and convincing
evidence to have survived the other individual by one hundred twenty hours is deemed to have predeceased the other
individual. This section does not apply if its application
would result in a taking of intestate estate by the state. [2007
c 475 § 8.]
11.04.290
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Chapter 11.05A RCW
UNIFORM SIMULTANEOUS DEATH ACT
Chapter 11.05A
Sections
11.05A.010
11.05A.020
11.05A.030
11.05A.040
11.05A.050
11.05A.060
11.05A.070
11.05A.900
11.05A.901
11.05A.902
11.05A.903
11.05A.904
Definitions.
Minimum survival requirement—Probate code.
Minimum survival requirement—Governing instruments.
Minimum survival requirement—Co-owners.
Evidence of death or status.
Exceptions.
Liability.
Application—Construction.
Short title.
Captions not law.
Severability—2007 c 475.
Application.
11.05A.030 Minimum survival requirement—Governing instruments. Except as provided in RCW
11.05A.060 and except for a security registered in beneficiary form (TOD) under the Uniform TOD Security Registration Act, for purposes of a provision of a governing instrument that relates to an individual surviving an event, including the death of another individual, an individual who is not
established by clear and convincing evidence to have survived the event by one hundred twenty hours is deemed to
have predeceased the event. [2007 c 475 § 9.]
11.05A.030
11.05A.040 Minimum survival requirement—Coowners. Except as provided in RCW 11.05A.060, if (1) it is
not established by clear and convincing evidence that one of
two co-owners with right of survivorship survived the other
co-owner by one hundred twenty hours, one-half of the property passes as if one had survived by one hundred twenty
hours and one-half as if the other had survived by one hundred twenty hours, and (2) there are more than two co-owners
and it is not established by clear and convincing evidence that
at least one of them survived the others by one hundred
twenty hours, the property passes in the proportion that one
bears to the whole number of co-owners. [2007 c 475 § 10.]
11.05A.040
11.05A.050 Evidence of death or status. In addition to
the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status
apply:
(1) Death occurs when an individual is determined to be
dead by the attending physician, county coroner, or county
medical officer.
(2) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the
place where the death purportedly occurred is prima facie
evidence of the fact, place, date, and time of death and the
identity of the decedent.
(3) A certified or authenticated copy of any record or
report of a governmental agency, domestic or foreign, that an
individual is missing, detained, dead, or alive is prima facie
evidence of the status and of the dates, circumstances, and
places disclosed by the record or report.
(4) In the absence of prima facie evidence of death under
subsection (2) or (3) of this section, the fact of death may be
established by clear and convincing evidence, including circumstantial evidence.
(5) An individual whose death is not established under
this section who is absent for a continuous period of seven
years, during which he or she has not been heard from, and
11.05A.050
11.05A.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Co-owners with right of survivorship" includes joint
tenants, tenants by the entireties, and other co-owners of
property or accounts held under circumstances that entitle
one or more to the whole of the property or account on the
death of the other or others.
(2) "Governing instrument" means a deed, will, trust,
insurance or annuity policy, account with pay on death designation, pension, profit-sharing, retirement, or similar benefit
plan, instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive, or
nominative instrument of any similar type.
(3) "Payor" means a trustee, insurer, business entity,
employer, government, governmental agency, subdivision, or
instrumentality, or any other person authorized or obligated
by law or a governing instrument to make payments.
(4) "POD" means pay on death.
(5) "TOD" means transfer on death. [2007 c 475 § 7.]
11.05A.010
11.05A.020 Minimum survival requirement—Probate code. Except as provided in RCW 11.05A.060 and
11.05A.020
(2010 Ed.)
[Title 11 RCW—page 7]
11.05A.060
Title 11 RCW: Probate and Trust Law
whose absence is not satisfactorily explained after diligent
search or inquiry, is presumed to be dead. His or her death is
presumed to have occurred at the end of the period unless
there is sufficient evidence for determining that death
occurred earlier.
(6) In the absence of evidence disputing the time of death
stipulated on a document described in subsection (2) or (3) of
this section, a document described in subsection (2) or (3) of
this section that stipulates a time of death one hundred twenty
hours or more after the time of death of another individual,
however the time of death of the other individual is determined, establishes by clear and convincing evidence that the
individual survived the other individual by one hundred
twenty hours. [2007 c 475 § 11.]
11.05A.060 Exceptions. This chapter does not apply if:
(1) The governing instrument contains language dealing
explicitly with simultaneous deaths or deaths in a common
disaster and that language is operable under the facts of the
case;
(2) The governing instrument expressly indicates that an
individual is not required to survive an event, including the
death of another individual, by any specified period or
expressly requires the individual to survive the event for a
stated period;
(3) The imposition of a one hundred twenty-hour
requirement of survival would cause a nonvested property
interest or a power of appointment to be invalid under RCW
11.98.130 through 11.98.160; or
(4) The application of this chapter to multiple governing
instruments would result in an unintended failure or duplication of a disposition. [2007 c 475 § 12.]
11.05A.060
dence. The court shall hold the funds or item of property and,
upon its determination under this chapter, shall order disbursement in accordance with the determination. Payments,
transfers, or deposits made to or with the court discharge the
payor or other third party from all claims for the value of
amounts paid to or items of property transferred to or deposited with the court.
(2) Protection of Bona Fide Purchasers—Personal Liability of Recipient.
(a) A person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this chapter to return the
payment, item of property, or benefit nor liable under this
chapter for the amount of the payment or the value of the item
of property or benefit. But a person who, not for value,
receives a payment, item of property, or any other benefit to
which the person is not entitled under this chapter is obligated
to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of
the item of property or benefit, to the person who is entitled
to it under this chapter.
(b) If this chapter or any part of this chapter is preempted
by federal law with respect to a payment, an item of property,
or any other benefit covered by this chapter, a person who,
not for value, receives the payment, item of property, or any
other benefit to which the person is not entitled under this
chapter is obligated to return the payment, item of property,
or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were this chapter or
part of this chapter not preempted. [2007 c 475 § 13.]
11.05A.900 Application—Construction. This chapter
shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of
this chapter among states enacting it. [2007 c 475 § 14.]
11.05A.900
11.05A.070 Liability. (1) Protection of Payors and
Other Third Parties.
(a) A payor or other third party is not liable for having
made a payment or transferred an item of property or any
other benefit to a person designated in a governing instrument who, under this chapter, is not entitled to the payment or
item of property, or for having taken any other action in good
faith reliance on the person’s apparent entitlement under the
terms of the governing instrument, before the payor or other
third party received written notice of a claimed lack of entitlement under this chapter. A payor or other third party is liable for a payment made or other action taken after the payor
or other third party received written notice of a claimed lack
of entitlement under this chapter.
(b) Written notice of a claimed lack of entitlement under
(a) of this subsection must be mailed to the payor’s or other
third party’s main office or home by registered or certified
mail, return receipt requested, or served upon the payor or
other third party in the same manner as a summons in a civil
action. Upon receipt of written notice of a claimed lack of
entitlement under this chapter, a payor or other third party
may pay any amount owed or transfer or deposit any item of
property held by it to or with the court having jurisdiction of
the probate proceedings relating to the decedent’s estate, or if
no proceedings have been commenced, to or with the court
having jurisdiction of probate proceedings relating to decedents’ estates located in the county of the decedent’s resi11.05A.070
[Title 11 RCW—page 8]
11.05A.901 Short title. This chapter may be cited as
the uniform simultaneous death act. [2007 c 475 § 15.]
11.05A.901
11.05A.902 Captions not law. Captions used in this
chapter are not any part of the law. [2007 c 475 § 16.]
11.05A.902
11.05A.903 Severability—2007 c 475. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2007 c 475 § 17.]
11.05A.903
11.05A.904 Application. On July 22, 2007:
(1) An act done before July 22, 2007, in any proceeding
and any accrued right is not impaired by this chapter. If a
right is acquired, extinguished, or barred upon the expiration
of a prescribed period of time that has commenced to run by
the provisions of any statute before July 22, 2007, the provisions remain in force with respect to that right; and
(2) Any rule of construction or presumption provided in
this chapter applies to instruments executed and multi11.05A.904
(2010 Ed.)
Nonprobate Assets on Dissolution or Invalidation of Marriage
ple-party accounts opened before July 22, 2007, unless there
is a clear indication of a contrary intent. [2007 c 475 § 18.]
Chapter 11.07 RCW
NONPROBATE ASSETS ON DISSOLUTION OR
INVALIDATION OF MARRIAGE
Chapter 11.07
Sections
11.07.010
Nonprobate assets—Dissolution or invalidation of marriage or
domestic partnership—Termination of domestic partnership.
11.07.010 Nonprobate assets—Dissolution or invalidation of marriage or domestic partnership—Termination of domestic partnership. (1) This section applies to all
nonprobate assets, wherever situated, held at the time of entry
of a decree of dissolution of marriage or state registered
domestic partnership or a declaration of invalidity or certification of termination of a state registered domestic partnership.
(2)(a) If a marriage or state registered domestic partnership is dissolved or invalidated, or a state registered domestic
partnership terminated, a provision made prior to that event
that relates to the payment or transfer at death of the decedent’s interest in a nonprobate asset in favor of or granting an
interest or power to the decedent’s former spouse or state registered domestic partner, is revoked. A provision affected by
this section must be interpreted, and the nonprobate asset
affected passes, as if the former spouse or former state registered domestic partner, failed to survive the decedent, having
died at the time of entry of the decree of dissolution or declaration of invalidity or termination of state registered domestic
partnership.
(b) This subsection does not apply if and to the extent
that:
(i) The instrument governing disposition of the nonprobate asset expressly provides otherwise;
(ii) The decree of dissolution, declaration of invalidity,
or other court order requires that the decedent maintain a nonprobate asset for the benefit of a former spouse or former
state registered domestic partner or children of the marriage
or domestic partnership, payable on the decedent’s death
either outright or in trust, and other nonprobate assets of the
decedent fulfilling such a requirement for the benefit of the
former spouse or former state registered domestic partner or
children of the marriage or domestic partnership do not exist
at the decedent’s death;
(iii) A court order requires that the decedent maintain a
nonprobate asset for the benefit of another, payable on the
decedent’s death either outright or in a trust, and other nonprobate assets of the decedent fulfilling such a requirement
do not exist at the decedent’s death; or
(iv) If not for this subsection, the decedent could not
have effected the revocation by unilateral action because of
the terms of the decree, declaration, termination of state registered domestic partnership, or for any other reason, immediately after the entry of the decree of dissolution, declaration
of invalidity, or termination of state registered domestic partnership.
(3)(a) A payor or other third party in possession or control of a nonprobate asset at the time of the decedent’s death
is not liable for making a payment or transferring an interest
11.07.010
(2010 Ed.)
11.07.010
in a nonprobate asset to a decedent’s former spouse or state
registered domestic partner, whose interest in the nonprobate
asset is revoked under this section, or for taking another
action in reliance on the validity of the instrument governing
disposition of the nonprobate asset, before the payor or other
third party has actual knowledge of the dissolution or other
invalidation of marriage or termination of the state registered
domestic partnership. A payor or other third party is liable
for a payment or transfer made or other action taken after the
payor or other third party has actual knowledge of a revocation under this section.
(b) This section does not require a payor or other third
party to pay or transfer a nonprobate asset to a beneficiary
designated in a governing instrument affected by the dissolution or other invalidation of marriage or termination of state
registered domestic partnership, or to another person claiming an interest in the nonprobate asset, if the payor or third
party has actual knowledge of the existence of a dispute
between the former spouse or former state registered domestic partner, and the beneficiaries or other persons concerning
rights of ownership of the nonprobate asset as a result of the
application of this section among the former spouse or former
state registered domestic partner, and the beneficiaries or
among other persons, or if the payor or third party is otherwise uncertain as to who is entitled to the nonprobate asset
under this section. In such a case, the payor or third party
may, without liability, notify in writing all beneficiaries or
other persons claiming an interest in the nonprobate asset of
either the existence of the dispute or its uncertainty as to who
is entitled to payment or transfer of the nonprobate asset. The
payor or third party may also, without liability, refuse to pay
or transfer a nonprobate asset in such a circumstance to a beneficiary or other person claiming an interest until the time that
either:
(i) All beneficiaries and other interested persons claiming an interest have consented in writing to the payment or
transfer; or
(ii) The payment or transfer is authorized or directed by
a court of proper jurisdiction.
(c) Notwithstanding subsections (1) and (2) of this section and (a) and (b) of this subsection, a payor or other third
party having actual knowledge of the existence of a dispute
between beneficiaries or other persons concerning rights to a
nonprobate asset as a result of the application of this section
may condition the payment or transfer of the nonprobate
asset on execution, in a form and with security acceptable to
the payor or other third party, of a bond in an amount that is
double the fair market value of the nonprobate asset at the
time of the decedent’s death or the amount of an adverse
claim, whichever is the lesser, or of a similar instrument to
provide security to the payor or other third party, indemnifying the payor or other third party for any liability, loss, damage, costs, and expenses for and on account of payment or
transfer of the nonprobate asset.
(d) As used in this subsection, "actual knowledge"
means, for a payor or other third party in possession or control of the nonprobate asset at or following the decedent’s
death, written notice to the payor or other third party, or to an
officer of a payor or third party in the course of his or her
employment, received after the decedent’s death and within a
time that is sufficient to afford the payor or third party a rea[Title 11 RCW—page 9]
Chapter 11.08
Title 11 RCW: Probate and Trust Law
sonable opportunity to act upon the knowledge. The notice
must identify the nonprobate asset with reasonable specificity. The notice also must be sufficient to inform the payor or
other third party of the revocation of the provisions in favor
of the decedent’s spouse or state registered domestic partner,
by reason of the dissolution or invalidation of marriage or termination of state registered domestic partnership, or to
inform the payor or third party of a dispute concerning rights
to a nonprobate asset as a result of the application of this section. Receipt of the notice for a period of more than thirty
days is presumed to be received within a time that is sufficient to afford the payor or third party a reasonable opportunity to act upon the knowledge, but receipt of the notice for a
period of less than five business days is presumed not to be a
sufficient time for these purposes. These presumptions may
be rebutted only by clear and convincing evidence to the contrary.
(4)(a) A person who purchases a nonprobate asset from a
former spouse, former state registered domestic partner, or
other person, for value and without actual knowledge, or who
receives from a former spouse, former state registered
domestic partner, or other person payment or transfer of a
nonprobate asset without actual knowledge and in partial or
full satisfaction of a legally enforceable obligation, is neither
obligated under this section to return the payment, property,
or benefit nor is liable under this section for the amount of the
payment or the value of the nonprobate asset. However, a
former spouse, former state registered domestic partner, or
other person who, with actual knowledge, not for value, or
not in satisfaction of a legally enforceable obligation,
receives payment or transfer of a nonprobate asset to which
that person is not entitled under this section is obligated to
return the payment or nonprobate asset, or is personally liable
for the amount of the payment or value of the nonprobate
asset, to the person who is entitled to it under this section.
(b) As used in this subsection, "actual knowledge"
means, for a person described in (a) of this subsection who
purchases or receives a nonprobate asset from a former
spouse, former state registered domestic partner, or other person, personal knowledge or possession of documents relating
to the revocation upon dissolution or invalidation of marriage
of provisions relating to the payment or transfer at the decedent’s death of the nonprobate asset, received within a time
after the decedent’s death and before the purchase or receipt
that is sufficient to afford the person purchasing or receiving
the nonprobate asset reasonable opportunity to act upon the
knowledge. Receipt of the personal knowledge or possession
of the documents for a period of more than thirty days is presumed to be received within a time that is sufficient to afford
the payor or third party a reasonable opportunity to act upon
the knowledge, but receipt of the notice for a period of less
than five business days is presumed not to be a sufficient time
for these purposes. These presumptions may be rebutted only
by clear and convincing evidence to the contrary.
(5) As used in this section, "nonprobate asset" means
those rights and interests of a person having beneficial ownership of an asset that pass on the person’s death under only
the following written instruments or arrangements other than
the decedent’s will:
(a) A payable-on-death provision of a life insurance policy, employee benefit plan, annuity or similar contract, or
[Title 11 RCW—page 10]
individual retirement account, unless provided otherwise by
controlling federal law;
(b) A payable-on-death, trust, or joint with right of survivorship bank account;
(c) A trust of which the person is a grantor and that
becomes effective or irrevocable only upon the person’s
death;
(d) Transfer on death beneficiary designations of a transfer on death or pay on death security, or joint tenancy or joint
tenancy with right of survivorship designations of a security,
if such designations are authorized under Washington law;
(e) A transfer on death, pay on death, joint tenancy, or
joint tenancy with right of survivorship brokerage account;
(f) Unless otherwise specifically provided therein, a contract wherein payment or performance under that contract is
affected by the death of the person; or
(g) Unless otherwise specifically provided therein, any
other written instrument of transfer, within the meaning of
RCW 11.02.091(3), containing a provision for the nonprobate transfer of an asset at death.
For the general definition in this title of "nonprobate
asset," see RCW 11.02.005(15) and for the definition of
"nonprobate asset" relating to testamentary disposition of
nonprobate assets, see RCW 11.11.010(7). For the purposes
of this chapter, a "bank account" includes an account into or
from which cash deposits and withdrawals can be made, and
includes demand deposit accounts, time deposit accounts,
money market accounts, or certificates of deposit, maintained
at a bank, savings and loan association, credit union, brokerage house, or similar financial institution.
(6) This section is remedial in nature and applies as of
July 25, 1993, to decrees of dissolution and declarations of
invalidity entered after July 24, 1993, and this section applies
as of January 1, 1995, to decrees of dissolution and declarations of invalidity entered before July 25, 1993. [2008 c 6 §
906. Prior: 2007 c 475 § 2; 2007 c 156 § 13; 2002 c 18 § 1;
1998 c 292 § 118; 1997 c 252 § 2; 1994 c 221 § 2; 1993 c 236
§ 1.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Severability—2007 c 475: See RCW 11.05A.903.
Additional notes found at www.leg.wa.gov
Chapter 11.08
Chapter 11.08 RCW
ESCHEATS
Sections
11.08.101
11.08.111
11.08.120
11.08.140
11.08.150
11.08.160
11.08.170
11.08.180
11.08.185
11.08.200
11.08.205
Property of deceased inmates of state institutions—Disposition after two years.
Property of deceased inmates of state institutions—Disposition within two years.
Property of deceased inmates of state institutions—Sale—Disposition of proceeds.
Escheat for want of heirs.
Title to property vests in state at death of owner.
Department of revenue—Jurisdiction—Duties.
Probate of escheat property—Notice to department of revenue.
Department of revenue to be furnished copies of documents
and pleadings.
Escheat property—Records of department of revenue—Public
record information.
Liability for use of escheated property.
Lease, sublease, or rental of escheated real property—Authorized—Expenses—Distribution of proceeds.
(2010 Ed.)
Escheats
11.08.210
11.08.220
11.08.230
11.08.240
11.08.250
11.08.260
11.08.270
11.08.280
11.08.290
11.08.300
Allowance of claims, expenses, partial fees—Sale of property—Decree of distribution.
Certified copies of decree—Department of natural resources
duties.
Appearance and claim of heirs—Notices to department of revenue.
Limitation on filing claim.
Order of court on establishment of claim—Park lands—
Appraisal.
Payment of escheated funds to claimant.
Conveyance of escheated property to claimant.
Limitation when claimant is minor or incompetent not under
guardianship.
Deposit of cash received by personal representative of escheat
estate.
Transfer of property to department of revenue.
Action to recover property forfeited to state: RCW 7.56.120.
Banks, disposition of unclaimed personalty: RCW 30.44.150, 30.44.180
through 30.44.230.
Escheat of postal savings system accounts: Chapter 63.48 RCW.
Permanent common school fund, escheats as source of: RCW 28A.515.300.
Savings and loan associations, escheats: RCW 33.20.130, 33.40.110.
Social security benefits, payment to survivors or secretary of social and
health services: RCW 11.66.010.
State land acquired by escheat, management: RCW 79.10.030.
Unclaimed estate, disposition: RCW 11.76.220.
Uniform unclaimed property act: Chapter 63.29 RCW.
11.08.101 Property of deceased inmates of state institutions—Disposition after two years. Where, upon the
expiration of two years after the death of any inmate of any
state institution, there remains in the custody of the superintendent of such institution, money or property belonging to
said deceased inmate, the superintendent shall forward such
money to the state treasurer for deposit in the general fund of
the state, and shall report such transfer and any remaining
property to the department of corrections, which department
shall cause the sale of such property and proceeds thereof
shall be forwarded to the state treasurer for deposit in the general fund. [1981 c 136 § 58; 1979 c 141 § 10; 1965 c 145 §
11.08.101. Prior: 1951 c 138 § 1; prior: 1923 c 113 § 1; RRS
§ 1363-1.]
11.08.101
Abandoned inmate personal property: RCW 63.42.030, 63.42.040.
State institutions: Title 72 RCW.
Additional notes found at www.leg.wa.gov
11.08.111 Property of deceased inmates of state institutions—Disposition within two years. Prior to the expiration of the two-year period provided for in RCW 11.08.101,
the superintendent may transfer such money or property in
his or her possession, upon request and satisfactory proof
submitted to him or her, to the following designated persons:
(1) To the personal representative of the estate of such
deceased inmate; or
(2) To the successor or successors defined in RCW
11.62.005, where such money and property does not exceed
the amount specified in RCW 6.13.030, and the successor or
successors shall have furnished proof of death and an affidavit made by said successor or successors meeting the requirements of RCW 11.62.010; or
(3) In the case of money, to the person who may have
deposited such money with the superintendent for the use of
the decedent, where the sum involved does not exceed one
thousand dollars; or
11.08.111
(2010 Ed.)
11.08.160
(4) To the department of social and health services, when
there are moneys due and owing from such deceased person’s
estate for the cost of his or her care and maintenance at a state
institution: PROVIDED, That transfer of such money or
property may be made to the person first qualifying under this
section and such transfer shall exonerate the superintendent
from further responsibility relative to such money or property: AND PROVIDED FURTHER, That upon satisfactory
showing the funeral expenses of such decedent are unpaid,
the superintendent may pay up to one thousand dollars from
said deceased inmate’s funds on said obligation. [2010 c 8 §
2006; 1990 c 225 § 2; 1973 1st ex.s. c 76 § 1; 1965 c 145 §
11.08.111. Prior: 1959 c 240 § 1; 1951 c 138 § 2.]
Abandoned inmate personal property: RCW 63.42.030, 63.42.040.
11.08.120 Property of deceased inmates of state institutions—Sale—Disposition of proceeds. The property,
other than money, of such deceased inmate remaining in the
custody of a superintendent of a state institution after the
expiration of the above two-year period may be forwarded to
the department of corrections at its request and may be
appraised and sold at public auction to the highest bidder in
the manner and form as provided for public sales of personal
property, and all moneys realized upon such sale, after
deducting the expenses thereof, shall be paid into the general
fund of the state treasury. [1981 c 136 § 59; 1979 c 141 § 11;
1965 c 145 § 11.08.120. Prior: 1951 c 138 § 3; prior: 1923 c
113 § 2; RRS § 1363-2.]
11.08.120
Abandoned inmate personal property: RCW 63.42.030, 63.42.040.
Additional notes found at www.leg.wa.gov
11.08.140 Escheat for want of heirs. Whenever any
person dies, whether a resident of this state or not, leaving
property subject to the jurisdiction of this state and without
being survived by any person entitled to the same under the
laws of this state, such property shall be designated escheat
property and shall be subject to the provisions of RCW
11.08.140 through 11.08.280. [1965 c 145 § 11.08.140.
Prior: 1955 c 254 § 2.]
11.08.140
11.08.150 Title to property vests in state at death of
owner. Title to escheat property, which shall include any
intangible personalty, shall vest in the state at the death of the
owner thereof. [1965 c 145 § 11.08.150. Prior: 1955 c 254 §
3.]
11.08.150
11.08.160 Department of revenue—Jurisdiction—
Duties. The department of revenue of this state shall have
supervision of and jurisdiction over escheat property and may
institute and prosecute any proceedings, including any proceeding under chapter 11.62 RCW, deemed necessary or
proper in the handling of such property, and it shall be the
duty of the department of revenue to protect and conserve
escheat property for the benefit of the permanent common
school fund of the state until such property or the proceeds
thereof have been forwarded to the state treasurer or the
department of natural resources as hereinafter provided.
[1988 c 128 § 1; 1988 c 64 § 23; 1975 1st ex.s. c 278 § 1;
1965 c 145 § 11.08.160. Prior: 1955 c 254 § 4.]
11.08.160
[Title 11 RCW—page 11]
11.08.170
Title 11 RCW: Probate and Trust Law
Reviser’s note: This section was amended by 1988 c 64 § 23 and by
1988 c 128 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
ex.s. c 278 § 4; 1965 c 145 § 11.08.200. Prior: 1955 c 254 §
8.]
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
11.08.205 Lease, sublease, or rental of escheated real
property—Authorized—Expenses—Distribution of proceeds. (1) The department of natural resources shall have the
authority to lease real property from the administrator of an
estate being probated under the escheat provisions, RCW
11.08.140 to 11.08.280.
(2) The department of natural resources shall have the
authority to sublease or rent the real property, it has leased
under subsection (1) of this section, during the period that the
real property is under the authority of the court appointed
administrator.
(3) Any moneys gained by the department of natural
resources from leases or rentals shall be credited to an escheat
reserve account bearing the name of the estate.
(4) The department of natural resources shall have the
authority to expend moneys to preserve and maintain the real
property during the probate period.
(5) Any expenses by the department of natural resources
in preserving or maintaining the real property may be paid as
follows:
(a) First, the expenses shall be charged to the escheat
reserve account bearing the name of the estate; and
(b) Second, if the expenses exceed the escheat reserve
account, then the expenses shall be paid as follows:
(i) If the land is distributed to the state by the administrator, the expenses shall be paid out of the sale price of the land
as later sold by the department of natural resources, or shall
be paid out of the general fund if the land is held for use by
the state; or
(ii) If the land is distributed to the heirs by the administrator, the expenses shall be borne by the estate.
(6) Upon the final distribution of the real property, the
escheat reserve account shall be closed out as follows:
(a) If the real property is distributed to the state, the balance of the account shall be paid into the permanent common
school fund of the state; or
(b) If the real property is distributed to the heirs, the balance of the account shall be paid to the estate. [1969 ex.s. c
249 § 1.]
11.08.205
11.08.170 Probate of escheat property—Notice to
department of revenue. Escheat property may be probated
under the provisions of the probate laws of this state. Whenever such probate proceedings are instituted, whether by special administration or otherwise, the petitioner shall promptly
notify the department of revenue in writing thereof on forms
furnished by the department of revenue to the county clerks.
Thereafter, the department of revenue shall be served with
written notice at least twenty days prior to any hearing on
proceedings involving the valuation or sale of property, on
any petition for the allowance of fees, and on all interim
reports, final accounts or petitions for the determination of
heirship. Like notice shall be given of the presentation of any
claims to the court for allowance. Failure to furnish such
notice shall be deemed jurisdictional and any order of the
court entered without such notice shall be void. The department of revenue may waive the provisions of this section in
its discretion. The department shall be deemed to have
waived its right to administer in such probate proceedings
under RCW 11.28.120(5) unless application for appointment
of the director or the director’s designee is made within forty
days immediately following receipt of notice of institution of
proceedings. [1994 c 221 § 3; 1990 c 225 § 1; 1975 1st ex.s.
c 278 § 2; 1965 c 145 § 11.08.170. Prior: 1955 c 254 § 5.]
11.08.170
Additional notes found at www.leg.wa.gov
11.08.180 Department of revenue to be furnished
copies of documents and pleadings. The department of revenue may demand copies of any papers, documents, or pleadings involving the escheat property or the probate thereof
deemed by it to be necessary for the enforcement of RCW
11.08.140 through 11.08.280 and it shall be the duty of the
administrator or his or her attorney to furnish such copies to
the department. [2010 c 8 § 2007; 1975 1st ex.s. c 278 § 3;
1965 c 145 § 11.08.180. Prior: 1955 c 254 § 6.]
11.08.180
Additional notes found at www.leg.wa.gov
11.08.185 Escheat property—Records of department
of revenue—Public record information. All records of the
department of revenue relating to escheated property or property about to escheat shall be a public record and shall be
made available by the department of revenue for public
inspection. Without limitation, the records to be made public
shall include all available information regarding possible
heirs, descriptions and amounts of property escheated or
about to escheat, and any information which might serve to
identify the proper heirs. [1973 c 25 § 1.]
11.08.185
11.08.200 Liability for use of escheated property. If
any person shall take possession of escheat property without
proper authorization to do so, and shall have the use thereof
for a period exceeding sixty days, he or she shall be liable to
the state for the reasonable value of such use, payment of
which may be enforced by the department of revenue or by
the administrator of the estate. [2010 c 8 § 2008; 1975 1st
11.08.200
[Title 11 RCW—page 12]
11.08.210 Allowance of claims, expenses, partial
fees—Sale of property—Decree of distribution. If at the
expiration of four months from the date of the first publication of notice to creditors no heirs have appeared and established their claim to the estate, the court may enter an interim
order allowing claims, expenses, and partial fees. If at the
expiration of ten months from the date of issuance of letters
testamentary or of administration no heirs have appeared and
established their claim to the estate, all personal property not
in the form of cash shall be sold under order of the court. Personal property found by the court to be worthless shall be
ordered abandoned. Real property shall not be sold for the
satisfaction of liens thereon, or for the payment of the debts
of decedent or expenses of administration until the proceeds
of the personal property are first exhausted. The court shall
then enter a decree allowing any additional fees and charges
11.08.210
(2010 Ed.)
Escheats
deemed proper and distributing the balance of the cash on
hand, together with any real property, to the state. Remittance
of cash on hand shall be made to the department of revenue
which shall make proper records thereof and forthwith forward such funds to the state treasurer for deposit in the permanent common school fund of the state. [1979 ex.s. c 209 §
19; 1975 1st ex.s. c 278 § 5; 1965 c 145 § 11.08.210. Prior:
1955 c 254 § 9.]
Additional notes found at www.leg.wa.gov
11.08.220 Certified copies of decree—Department of
natural resources duties. The department of revenue shall
be furnished two certified copies of the decree of the court
distributing any real property to the state, one of which shall
be forwarded to the department of natural resources which
shall thereupon assume supervision of and jurisdiction over
such real property and thereafter handle it the same as state
common school lands. The administrator shall also file a certified copy of the decree with the auditor of any county in
which the escheated real property is situated. [1988 c 128 §
2; 1975 1st ex.s. c 278 § 6; 1965 c 145 § 11.08.220. Prior:
1957 c 125 § 1; 1955 c 254 § 10.]
11.08.220
Management of acquired lands by department of natural resources: RCW
79.10.030.
Additional notes found at www.leg.wa.gov
11.08.230 Appearance and claim of heirs—Notices to
department of revenue. Upon the appearance of heirs and
the establishment of their claim to the satisfaction of the court
prior to entry of the decree of distribution to the estate, the
provisions of RCW 11.08.140 through 11.08.280 shall not
further apply, except for purposes of appeal: PROVIDED,
That the department of revenue shall be promptly given written notice of such appearance by the claimants and furnished
copies of all papers or documents on which such claim of
heirship is based. Any documents in a foreign language shall
be accompanied by translations made by a properly qualified
translator, certified by him or her to be true and correct translations of the original documents. The administrator or his or
her attorney shall also furnish the department of revenue with
any other available information bearing on the validity of the
claim. [2010 c 8 § 2009; 1975 1st ex.s. c 278 § 7; 1965 c 145
§ 11.08.230. Prior: 1955 c 254 § 11.]
11.08.230
Additional notes found at www.leg.wa.gov
11.08.240 Limitation on filing claim. Any claimant to
escheated funds or real property shall have seven years from
the date of issuance of letters testamentary or of administration within which to file his or her claim. Such claim shall be
filed with the court having original jurisdiction of the estate,
and a copy thereof served upon the department of revenue,
together with twenty days notice of the hearing thereon.
[2010 c 8 § 2010; 1975 1st ex.s. c 278 § 8; 1965 c 145 §
11.08.240. Prior: 1955 c 254 § 12.]
11.08.240
Additional notes found at www.leg.wa.gov
11.08.250 Order of court on establishment of claim—
Park lands—Appraisal. Upon establishment of the claim to
the satisfaction of the court, it shall order payment to the
claimant of any escheated funds and delivery of any
11.08.250
(2010 Ed.)
11.08.300
escheated land, or the proceeds thereof, if sold. If, however,
the escheated property shall have been transferred to the state
parks and recreation commission or local jurisdiction for park
purposes, the court shall order payment to the claimant for
the fair market value of the property at the time of transfer,
excluding the value of physical improvements to the property
while managed by a state agency or local jurisdiction. The
value shall be established by independent appraisal obtained
by the department of revenue. [1993 c 49 § 2; 1965 c 145 §
11.08.250. Prior: 1955 c 254 § 13.]
Park land: RCW 79.10.030.
11.08.260 Payment of escheated funds to claimant. In
the event the order of the court requires the payment of
escheated funds or the proceeds of the sale of escheated real
property or the appraised value of escheated property transferred for park purposes, a certified copy of such order shall
be served upon the department of revenue which shall thereupon take any steps necessary to effect payment to the claimant out of the general fund of the state. [1993 c 49 § 3; 1975
1st ex.s. c 278 § 9; 1965 c 145 § 11.08.260. Prior: 1955 c 254
§ 14.]
11.08.260
Additional notes found at www.leg.wa.gov
11.08.270 Conveyance of escheated property to
claimant. In the event the order of the court requires the
delivery of real property to the claimant, a certified copy of
such order shall be served upon the department of natural
resources which shall thereupon make proper certification to
the office of the governor for issuance of a quitclaim deed for
the property to the claimant. [1988 c 128 § 3; 1965 c 145 §
11.08.270. Prior: 1955 c 254 § 15.]
11.08.270
11.08.280 Limitation when claimant is minor or
incompetent not under guardianship. The claims of any
persons to escheated funds or real property which are not
filed within seven years as specified above are forever barred,
excepting as to those persons who are minors or who are
legally incompetent and not under guardianship, in which
event the claim may be filed within seven years after their
disability is removed. [1965 c 145 § 11.08.280. Prior: 1955
c 254 § 16.]
11.08.280
11.08.290 Deposit of cash received by personal representative of escheat estate. All cash received by the personal representative of an escheat estate shall be immediately
deposited at interest for the benefit of the estate in a federally
insured time or savings deposit or share account, except that
the personal representative may maintain an amount not to
exceed two hundred fifty dollars in a checking account. This
arrangement may be changed by appropriate court order.
[1979 ex.s. c 209 § 18.]
11.08.290
Additional notes found at www.leg.wa.gov
11.08.300 Transfer of property to department of revenue. Escheat property may be transferred to the department
of revenue under the provisions of RCW 11.62.005 through
11.62.020. The department of revenue shall furnish proof of
death and an affidavit made by the department which meets
the requirements of RCW 11.62.010 to any person who is
11.08.300
[Title 11 RCW—page 13]
Chapter 11.10
Title 11 RCW: Probate and Trust Law
indebted to or has possession of any personal property
belonging to the decedent or to the decedent and his or her
surviving spouse or surviving domestic partner as a community, which debt or personal property is an asset which is subject to probate. Upon receipt of such proof of death and affidavit, the person shall pay the indebtedness or deliver the personal property, or as much of either as is claimed, to the
department of revenue pursuant to RCW 11.62.010.
The department of revenue shall file a copy of its affidavit made pursuant to chapter 11.62 RCW with the clerk of the
court where any probate administration of the decedent has
been commenced, or, if no probate administration has been
commenced, then with the clerk of the court of any county
provided by law as a place for probate administration of the
estate of such person. The affidavit shall be indexed under
the name of the decedent in the probate index upon payment
of a fee of two dollars. Any claimant to escheated funds shall
have seven years from the filing of the affidavit by the department of revenue within which to file the claim. The claim
shall be filed with the clerk of the court where the affidavit of
the department of revenue was filed, and a copy served upon
the department of revenue, together with twenty days notice
of a hearing to be held thereon, and the provisions of RCW
11.08.250 through 11.08.280 shall apply. [2008 c 6 § 907;
1990 c 225 § 3.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Chapter 11.10
Chapter 11.10 RCW
ABATEMENT OF ASSETS
Sections
11.10.010
11.10.020
11.10.030
11.10.040
11.10.900
Abatement—Generally.
Gift from mixed separate and community property.
Allocation of separate and community assets.
Nonprobate assets.
Application of chapter.
11.10.010 Abatement—Generally. (1) Except as provided in subsection (2) of this section, property of a decedent
abates, without preference as between real and personal property, in the following order:
(a) Intestate property;
(b) Residuary gifts;
(c) General gifts;
(d) Specific gifts.
For purposes of abatement a demonstrative gift, defined
as a general gift charged on any specific property or fund, is
deemed a specific gift to the extent of the value of the property or fund on which it is charged, and a general gift to the
extent of a failure or insufficiency of that property or fund.
Abatement within each classification is in proportion to the
amounts of property each of the beneficiaries would have
received if full distribution of the property had been made in
accordance with the terms of the will.
(2) If the will expresses an order of abatement, or if the
testamentary plan or the express or implied purpose of the
devise would be defeated by the order of abatement stated in
subsection (1) of this section, a gift abates as may be found
necessary to give effect to the intention of the testator.
11.10.010
[Title 11 RCW—page 14]
(3) If the subject of a preferred gift is sold, diminished, or
exhausted incident to administration, not including satisfaction of debts or liabilities according to their community or
separate status under RCW 11.10.030, abatement must be
achieved by appropriate adjustments in, or contribution from,
other interests in the remaining assets.
(4) To the extent that the whole of the community property is subject to abatement, the shares of the decedent and of
the surviving spouse or surviving domestic partner in the
community property abate equally.
(5) If required under RCW 11.10.040, nonprobate assets
must abate with those disposed of under the will and passing
by intestacy. [2008 c 6 § 908; 1994 c 221 § 5.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Additional notes found at www.leg.wa.gov
11.10.020 Gift from mixed separate and community
property. To the extent that a gift is to be satisfied out of a
source that consists of both separate and community property, unless otherwise indicated in the will it is presumed to
be a gift from separate and community property in proportion
to their relative value in the property or fund from which the
gift is to be satisfied. [1994 c 221 § 6.]
11.10.020
Additional notes found at www.leg.wa.gov
11.10.030 Allocation of separate and community
assets. (1) A community debt or liability is charged against
the entire community property, with the surviving spouse’s or
surviving domestic partner’s half and the decedent spouse’s
or decedent domestic partner’s half charged equally.
(2) A separate debt or liability is charged first against
separate property, and if that is insufficient against the balance of decedent’s half of community property remaining
after community debts and liabilities are satisfied.
(3) A community debt or liability that is also the separate
debt or liability of the decedent is charged first against the
whole of the community property and then against the decedent’s separate property.
(4) An expense of administration is charged against the
separate property and the decedent’s half of the community
property in proportion to the relative value of the property,
unless a different charging of expenses is shown to be appropriate under the circumstances including against the surviving spouse’s or surviving domestic partner’s share of the
community property.
(5) Property of a similar type, community or separate, is
appropriated in accordance with the abatement priorities of
RCW 11.10.010.
(6) Property that is primarily chargeable for a debt or liability is exhausted, in accordance with the abatement priorities of RCW 11.10.010, before resort is had, also in accordance with RCW 11.10.010, to property that is secondarily
chargeable. [2008 c 6 § 931; 1994 c 221 § 7.]
11.10.030
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Additional notes found at www.leg.wa.gov
11.10.040 Nonprobate assets. (1) If abatement is necessary among takers of a nonprobate asset, the court shall
11.10.040
(2010 Ed.)
Testamentary Disposition of Nonprobate Assets Act
adopt the abatement order and limitations set out in RCW
11.10.010, 11.10.020, and 11.10.030, assigning categories in
accordance with subsection (2) of this section.
(2) A nonprobate transfer must be categorized for purposes of abatement, within the list of priorities set out in
RCW 11.10.010(1), as follows:
(a) All nonprobate forms of transfer under which an
identifiable nonprobate asset passes to a beneficiary or beneficiaries on the event of the decedent’s death, such as, but not
limited to, joint tenancies and payable-on-death accounts, are
categorized as specific bequests.
(b) With respect to all other interests passing under nonprobate forms of transfer, each must be categorized in the
manner that is most closely comparable to the nature of the
transfer of that interest.
(3) If and to the extent that a nonprobate asset is subject
to the same obligations as are assets disposed of under the
decedent’s will, the nonprobate assets abate ratably with the
probate assets, within the categories set out in subsection (2)
of this section.
(4) If the nonprobate instrument of transfer or the decedent’s will expresses a different order of abatement, or if the
decedent’s overall dispositive plan or the express or implied
purpose of the transfer would be defeated by the order of
abatement stated in subsections (1) through (3) of this section, the nonprobate assets abate as may be found necessary
to give effect to the intention of the decedent. [1994 c 221 §
8.]
Additional notes found at www.leg.wa.gov
11.10.900 Application of chapter. This chapter applies
in all instances in which no other abatement scheme is
expressly provided. [1994 c 221 § 4.]
11.10.900
Additional notes found at www.leg.wa.gov
Chapter 11.11
Chapter 11.11 RCW
TESTAMENTARY DISPOSITION OF
NONPROBATE ASSETS ACT
Sections
11.11.003
11.11.005
11.11.007
11.11.010
11.11.020
11.11.030
11.11.040
11.11.050
11.11.060
11.11.070
11.11.080
11.11.090
11.11.100
11.11.110
11.11.900
11.11.901
11.11.902
11.11.903
(2010 Ed.)
Purposes.
Construction.
Intent—Controversies between beneficiaries and testamentary
beneficiaries.
Definitions.
Disposition of nonprobate assets under will.
Waiver of right to dispose of a nonprobate asset under will—
Revocation of waiver.
Right to rely on form of nonprobate asset—Discharge of
financial institution or other third party.
Notice—Affidavit—Form—Limitation on liability for failure
to provide notice.
Vesting of rights and powers under chapter.
Ownership rights as between individuals preserved—
Testamentary beneficiary may recover nonprobate asset
from beneficiary—Limitation on action to recover.
Nonprobate assets not property of estate—Effect of notice on
administration—Effect of preceding death of devisee or legatee.
Transfer of nonprobate asset to testamentary beneficiary.
Authority to withhold transfer—Notice—Expenses of obtaining consent, authorization, direction.
Adverse claim bond.
Short title.
Application of chapter.
Part headings and section captions not law—1998 c 292.
Effective dates—1998 c 292.
11.11.010
11.11.003 Purposes. The purposes of this chapter are
11.11.003
to:
(1) Enhance and facilitate the power of testators to control the disposition of assets that pass outside their wills;
(2) Provide simple procedures for resolution of disputes
regarding entitlement to such assets; and
(3) Protect any financial institution or other third party
having possession of or control over such an asset and transferring it to a beneficiary duly designated by the testator,
unless that third party has been provided notice of a testamentary disposition as required in this chapter. [1998 c 292 §
102.]
11.11.005 Construction. (1) When construing sections
and provisions of this chapter, the sections and provisions
must:
(a) Be liberally construed and applied to promote the
purposes of this chapter;
(b) Be considered part of a general act that is intended as
unified coverage of the subject matter, and no part of this
chapter may be deemed impliedly repealed by subsequent
legislation if the construction can be reasonably avoided;
(c) Not be held invalid because of the invalidity of other
sections or provisions of this chapter as long as the section or
provision in question can be given effect without regard to
the invalid section or provision, and to this end the sections or
provisions of this chapter are severable;
(d) Not be construed by reference to section or subsection headings as used in this chapter, since these do not constitute any part of the law;
(e) Not be deemed to alter the community or separate
property nature of any asset passing outside a testator’s will
or any individual’s community or separate rights to the asset,
and a testator’s community or separate property rights to the
asset are not affected by whether it passes outside the will or,
under this chapter, by disposition under the will; and
(f) Not be construed as authorizing or extending the
authority of any financial institution or other third party to
sell or otherwise create assets that would pass outside a testator’s will upon such terms as would contravene any other
applicable federal or state law.
(2) The sections and provisions of this chapter apply to
an owner who dies while a resident of this state on or after
July 1, 1999, and to a nonprobate asset the disposition of
which on the death of the owner would otherwise be governed by the law of this state. [1998 c 292 § 103.]
11.11.005
11.11.007 Intent—Controversies between beneficiaries and testamentary beneficiaries. This chapter is
intended to establish ownership rights to nonprobate assets
upon the death of the owner, as between beneficiaries and
testamentary beneficiaries. This chapter is relevant only as to
controversies between these persons, and has no bearing on
the right of a person to transfer a nonprobate asset under its
terms in the absence of a testamentary provision under this
chapter. [1998 c 292 § 107.]
11.11.007
11.11.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1)(a) "Actual knowledge" means:
11.11.010
[Title 11 RCW—page 15]
11.11.020
Title 11 RCW: Probate and Trust Law
(i) For a financial institution, whether acting as personal
representative or otherwise, or other third party in possession
or control of a nonprobate asset, receipt of written notice that:
(A) Complies with RCW 11.11.050; (B) pertains to the testamentary disposition or ownership of a nonprobate asset in its
possession or control; and (C) is received by the financial
institution or third party after the death of the owner in a time
sufficient to afford the financial institution or third party a
reasonable opportunity to act upon the knowledge; and
(ii) For a personal representative that is not a financial
institution, personal knowledge or possession of documents
relating to the testamentary disposition or ownership of a
nonprobate asset of the owner sufficient to afford the personal representative reasonable opportunity to act upon the
knowledge, including reasonable opportunity for the personal
representative to provide the written notice under RCW
11.11.050.
(b) For the purposes of (a) of this subsection, notice of
more than thirty days is presumed to be notice that is sufficient to afford the party a reasonable opportunity to act upon
the knowledge, but notice of less than five business days is
presumed not to be a sufficient notice for these purposes.
These presumptions may be rebutted only by clear and convincing evidence to the contrary.
(2) "Beneficiary" means the person designated to receive
a nonprobate asset upon the death of the owner by means
other than the owner’s will.
(3) "Broker" means a person defined as a broker or
dealer under the federal securities laws.
(4) "Date of will" means, as to any nonprobate asset, the
date of signature of the will or codicil that refers to the asset
and disposes of it.
(5) "Designate" means a written means by which the
owner selects a beneficiary, including but not limited to
instruments under contractual arrangements and registration
of accounts, and "designation" means the selection.
(6) "Financial institution" means: A bank, trust company, mutual savings bank, savings and loan association,
credit union, broker, or issuer of stock or its transfer agent.
(7)(a) "Nonprobate asset" means a nonprobate asset
within the meaning of RCW 11.02.005, but excluding the following:
(i) A right or interest in real property passing under a
joint tenancy with right of survivorship;
(ii) A deed or conveyance for which possession has been
postponed until the death of the owner;
(iii) A right or interest passing under a community property agreement; and
(iv) An individual retirement account or bond.
(b) For the definition of "nonprobate asset" relating to
revocation of a provision for a former spouse or former
domestic partner upon dissolution of marriage or state registered domestic partnership or declaration of invalidity of
marriage or state registered domestic partnership, see RCW
11.07.010(5).
(8) "Owner" means a person who, during life, has beneficial ownership of the nonprobate asset.
(9) "Request" means a request by the beneficiary for
transfer of a nonprobate asset after the death of the owner, if
it complies with all conditions of the arrangement, including
reasonable special requirements concerning necessary signa[Title 11 RCW—page 16]
tures and regulations of the financial institution or other third
party, or by the personal representative of the owner’s estate
or the testamentary beneficiary, if it complies with the
owner’s will and any additional conditions of the financial
institution or third party for such transfer.
(10) "Testamentary beneficiary" means a person named
under the owner’s will to receive a nonprobate asset under
this chapter, including but not limited to the trustee of a testamentary trust.
(11) "Third party" means a person, including a financial
institution, having possession of or control over a nonprobate
asset at the death of the owner, including the trustee of a revocable living trust and surviving joint tenant or tenants. [2008
c 6 § 909; 1998 c 292 § 104.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
11.11.020
11.11.020 Disposition of nonprobate assets under
will. (1) Subject to community property rights, upon the
death of an owner the owner’s interest in any nonprobate
asset specifically referred to in the owner’s will belongs to
the testamentary beneficiary named to receive the nonprobate
asset, notwithstanding the rights of any beneficiary designated before the date of the will.
(2) A general residuary gift in an owner’s will, or a will
making general disposition of all of the owner’s property,
does not entitle the devisees or legatees to receive nonprobate
assets of the owner.
(3) A disposition in a will of the owner’s interest in "all
nonprobate assets" or of all of a category of nonprobate asset
under RCW 11.11.010(7), such as "all of my payable on
death bank accounts" or similar language, is deemed to be a
disposition of all the nonprobate assets the beneficiaries of
which are designated before the date of the will.
(4) If the owner designates a beneficiary for a nonprobate asset after the date of the will, the specific provisions in
the will that attempt to control the disposition of that asset do
not govern the disposition of that nonprobate asset, even if
the subsequent beneficiary designation is later revoked. If
the owner revokes the later beneficiary designation, and there
is no other provision controlling the disposition of the asset,
the asset shall be treated as any other general asset of the
owner’s estate, subject to disposition under the other applicable provisions of the will. A beneficiary designation with
respect to an asset that renews without the signature of the
owner is deemed to have been made on the date on which the
account was first opened. [2006 c 203 § 1; 1998 c 292 § 105.]
11.11.030
11.11.030 Waiver of right to dispose of a nonprobate
asset under will—Revocation of waiver. An owner may
waive the right to dispose of a specific nonprobate asset by
will under this chapter, with or without consideration, by a
written instrument signed by the owner and delivered to the
financial institution or other third party, including but not
limited to signature cards or deposit agreements. The waiver
is revocable by written instrument delivered to the financial
institution or other third party unless the owner has stated that
the waiver is to be irrevocable. [1998 c 292 § 106.]
(2010 Ed.)
Testamentary Disposition of Nonprobate Assets Act
11.11.040 Right to rely on form of nonprobate
asset—Discharge of financial institution or other third
party. In transferring nonprobate assets, a personal representative, a financial institution, or other third party may rely
conclusively and entirely upon the form of the nonprobate
asset and the terms of the nonprobate asset arrangement in
effect on the date of death of the owner, and a personal representative or third party may rely on information provided by
a financial institution or other party who has possession or
control of a nonprobate asset concerning the form of the nonprobate asset and the terms of the nonprobate asset arrangement in effect on the date of death of the owner, unless the
personal representative, financial institution, or other third
party has actual knowledge of the existence of a claim by a
testamentary beneficiary. A financial institution or other
third party is not required to inquire as to either the source or
ownership of any nonprobate asset in its possession or under
its control, or as to the proposed application of an asset so
transferred. A transfer of a nonprobate asset in accordance
with this section constitutes a complete release and discharge
of the financial institution or other third party from all claims
relating to the nonprobate asset, regardless of whether or not
the transfer is consistent with the actual ownership of the
nonprobate asset. [2006 c 203 § 2; 1998 c 292 § 108.]
11.11.040
11.11.050 Notice—Affidavit—Form—Limitation on
liability for failure to provide notice. (1) Written notice
under this chapter must be served personally or by certified
mail, return receipt requested and postage prepaid, on the
financial institution or other third party having the nonprobate asset in its possession or control, on the beneficiary, on
the testamentary beneficiary, and on the personal representative, and proof of the mailing or service must be made by affidavit and filed under the cause number assigned to the
owner’s estate. Notice to a financial institution must include
notice delivered as follows:
(a) If the nonprobate asset was maintained at a specific
office of the financial institution, notice must be delivered to
the office at which the nonprobate asset was maintained,
which notice must be directed to the manager of the office;
(b) If the nonprobate asset was held in a trust administered by a financial institution, notice must be delivered to the
office at which the trust was administered, which notice must
be directed to a named officer responsible for the administration of the trust; and
(c) In all cases, notice must be delivered to any other
location and in any other manner specifically designated in a
written agreement signed by the owner and the financial
institution, including but not limited to a signature card or
deposit agreement.
(2) Written notice to a financial institution or other third
party of the testamentary disposition of a nonprobate asset
under this chapter must be in a form substantially similar to
the following:
11.11.050
NOTICE OF TESTAMENTARY
DISPOSITION OF NONPROBATE ASSET
The undersigned personal representative, petitioner for appointment as personal representative,
attorney for the personal representative or petitioner, or testamentary beneficiary under the will of
(2010 Ed.)
11.11.070
the decedent named above (as that term is defined in
RCW 11.11.010) hereby notifies you that the decedent named above died on (DATE MUST BE SUPPLIED) and left a will dated (DATE OF WILL
MUST BE SUPPLIED) disposing of the following
nonprobate asset or assets in your possession or control:
(EACH SUCH ASSET MUST BE DESCRIBED
WITH REASONABLE SPECIFICITY. FOR
ACCOUNTS AT FINANCIAL INSTITUTIONS,
THE WRITTEN NOTICE MUST SPECIFY THE
OFFICE AT WHICH THE ACCOUNT WAS
MAINTAINED, THE NAME OR NAMES IN
WHICH THE ACCOUNT WAS HELD, AND THE
FULL ACCOUNT NUMBER. FOR ASSETS
HELD IN TRUST, THE WRITTEN NOTICE
MUST SPECIFY THE NAME OR NAMES OF
THE GRANTOR, THE NAME OF THE TRUST,
IF ANY, AND THE DATE OF THE TRUST
INSTRUMENT.)
Under chapter 11.11 RCW, you may not transfer,
deliver, or otherwise dispose of the asset or assets
listed above in accordance with the beneficiary designation, account registration, or other arrangement
made with you by the decedent. You may transfer,
deliver, or otherwise dispose of the asset or assets
listed above only upon receipt of the written direction of the personal representative or of the testamentary beneficiary, if the personal representative
consents.
........................
........................
(CAPACITY OF SIGNER)
(3) The personal representative of the estate of the
owner, a petitioner for appointment as personal representative, or the testamentary beneficiary may provide written
notice under this section. The personal representative has no
duty to provide written notice under this section and has no
liability for failing or refusing to give the notice.
(4) Written notice under this section may be provided at
any time after the death of the owner and before discharge of
the personal representative on closing of the estate, and may
be provided before admission to probate of the will. [1998 c
292 § 109.]
11.11.060 Vesting of rights and powers under chapter. The right to provide notice under RCW 11.11.050 and
the entitlement of the testamentary beneficiary to the nonprobate asset vest immediately upon death of the owner. The
power of the personal representative to direct the financial
institution or other third party having the nonprobate asset in
its possession or under its control to transfer or otherwise dispose of the asset arises upon the later of appointment of the
personal representative or admission of the will to probate.
[1998 c 292 § 110.]
11.11.060
11.11.070 Ownership rights as between individuals
preserved—Testamentary beneficiary may recover non11.11.070
[Title 11 RCW—page 17]
11.11.080
Title 11 RCW: Probate and Trust Law
probate asset from beneficiary—Limitation on action to
recover. (1) The protection accorded to financial institutions
and other third parties under RCW 11.11.040 has no bearing
on the actual rights of ownership to nonprobate assets as
between beneficiaries and testamentary beneficiaries, and
their heirs, successors, personal representatives, and assigns.
(2) A testamentary beneficiary entitled to a nonprobate
asset otherwise transferred to a beneficiary not so entitled,
and a personal representative of the owner’s estate on behalf
of the testamentary beneficiary, may petition the superior
court having jurisdiction over the owner’s estate for an order
declaring that the testamentary beneficiary is so entitled, the
hearing of the petition to be held in accordance with *chapter
11.96 RCW.
(3) A testamentary beneficiary claiming a nonprobate
asset who has not filed such a petition within the earlier of:
(a) Six months from the date of admission of the will to probate; and (b) one year from the date of the owner’s death,
shall be forever barred from making such a claim or commencing such an action. [1998 c 292 § 111.]
*Reviser’s note: Chapter 11.96 RCW was repealed by 1999 c 42 § 637,
effective January 1, 2000.
11.11.080 Nonprobate assets not property of estate—
Effect of notice on administration—Effect of preceding
death of devisee or legatee. (1) Notwithstanding any provision of this chapter, a nonprobate asset disposed of under the
owner’s will may not be treated as a part of the owner’s probate estate for any other purpose under this title, unless:
(a) The nonprobate asset is subject to liabilities and
claims, estate taxes, and expenses of administration under
RCW 11.18.200; or
(b) Any section of this title directs otherwise, by specifically referring to this section.
(2) Provision of notice under this chapter has no effect
on the administration of other assets of the estate of the
owner. The personal representative has no duty to administer
upon a nonprobate asset because of providing the notice,
unless specifically required by this chapter or under RCW
11.18.200.
(3) RCW 11.12.110, regarding death of a devisee or legatee before the testator, does not apply to disposition of a
nonprobate asset under a will. [1998 c 292 § 112.]
11.11.080
11.11.090 Transfer of nonprobate asset to testamentary beneficiary. (1) A financial institution’s or third party’s
obligation to transfer a nonprobate asset to a testamentary
beneficiary arises only after it has actual knowledge of the
claim of the testamentary beneficiary, and after receiving
written direction from the personal representative of the
owner’s estate, or if the personal representative consents in
writing, from the testamentary beneficiary, to make the transfer. The financial institution may also require that its customary procedures be followed in effectuating a transfer of the
nonprobate asset.
(2) Subject to subsection (1) of this section, financial
institutions and other third parties may transfer a nonprobate
asset that has not already been distributed to the testamentary
beneficiary entitled to the nonprobate asset under the owner’s
will, subject to liabilities and claims, estate taxes, and
11.11.090
[Title 11 RCW—page 18]
expenses of administration under RCW 11.18.200. [1998 c
292 § 113.]
11.11.100
11.11.100 Authority to withhold transfer—Notice—
Expenses of obtaining consent, authorization, direction.
(1) This chapter does not require any financial institution or
other third party to transfer a nonprobate asset to a beneficiary, testamentary beneficiary, or other person claiming an
interest in the nonprobate asset if the financial institution or
third party has actual knowledge of the existence of a dispute
between beneficiaries, testamentary beneficiaries, or other
persons concerning rights or ownership to the nonprobate
asset under this chapter, or if the financial institution or third
party is otherwise uncertain as to who is entitled to receive
the nonprobate asset under this chapter. In any such case, the
financial institution or third party may, without liability,
notify in writing all beneficiaries, testamentary beneficiaries,
or other persons claiming an interest in the nonprobate asset
of either its uncertainty as to who is entitled to transfer of the
nonprobate asset or the existence of any dispute, and it may
also, without liability, refuse to transfer a nonprobate asset to
a beneficiary or a testamentary beneficiary until such time as
either:
(a) All the beneficiaries, testamentary beneficiaries, and
other interested persons have consented in writing to the
transfer; or
(b) The transfer is authorized or directed by a court of
proper jurisdiction.
(2) The expense of obtaining the written consent or court
authorization or direction may, by order of the court, be paid
by the personal representative as an expense of administration. [1998 c 292 § 114.]
11.11.110 Adverse claim bond. Notwithstanding
RCW 11.11.100, a financial institution or other third party
having actual knowledge of the existence of a dispute
between beneficiaries, a testamentary beneficiary, or other
persons concerning rights to a nonprobate asset under this
chapter may condition transfer of the nonprobate asset on
execution, in form and with security acceptable to the financial institution or other third party, of a bond in an amount
that is double the fair market value of the nonprobate asset on
the date of the owner’s death or the amount of any adverse
claim, whichever is the lesser, indemnifying the financial
institution or other third party from any and all liability, loss,
damage, costs, and expenses, for and on account of transfer
of the nonprobate asset. [1998 c 292 § 115.]
11.11.110
11.11.900 Short title. This chapter may be known and
cited as the testamentary disposition of nonprobate assets act.
[1998 c 292 § 101.]
11.11.900
11.11.901 Application of chapter. This chapter applies
to any will of an owner who dies while a resident of this state
on or after July 1, 1999, regardless of whether the will was
executed or republished before or after July 1, 1999, and
regardless of whether the beneficiary of the nonprobate asset
was designated before or after July 1, 1999. [1998 c 292 §
116.]
11.11.901
(2010 Ed.)
Wills
11.11.902 Part headings and section captions not
law—1998 c 292. Part headings and section captions used in
this act are not any part of the law. [1998 c 292 § 601.]
11.11.902
11.11.903 Effective dates—1998 c 292. (1) Sections
101 through 116 and 118 of this act take effect July 1, 1999.
(2) Sections 117, 201 through 205, 301, 401, 501
through 507, and 604 of this act are necessary for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and take effect immediately [April 2, 1998]. [1998 c
292 § 603.]
11.11.903
Chapter 11.12
Chapter 11.12 RCW
WILLS
Sections
11.12.010
11.12.020
11.12.025
11.12.030
11.12.040
11.12.051
11.12.060
11.12.070
11.12.080
11.12.091
11.12.095
11.12.110
11.12.120
11.12.160
11.12.170
11.12.180
11.12.185
11.12.190
11.12.220
11.12.230
11.12.250
11.12.255
11.12.260
11.12.265
Who may make a will.
Requisites of wills—Foreign wills.
Nuncupative wills.
Signature of testator at his or her direction—Signature by
mark.
Revocation of will—How effected—Effect on codicils.
Dissolution, invalidation, or termination of marriage or
domestic partnership.
Agreement to convey does not revoke.
Devise or bequeathal of property subject to encumbrance.
Revocation of later will or codicil—Effect—Evidence.
Omitted child.
Omitted spouse or omitted domestic partner.
Death of grandparent’s issue before grantor.
Lapsed gift—Procedure and proof.
Interested witness—Effect on will.
Devise of land, what passes.
Rule in Shelley’s Case abolished—Future distribution or interest to heirs.
Doctrine of Worthier Title abolished—Exception.
Will to operate on after-acquired property.
No interest on devise unless will so provides.
Intent of testator controlling.
Gift to trust.
Incorporation by reference.
Separate writing may direct disposition of tangible personal
property—Requirements.
Filing of original will with court before death of testator.
11.12.010 Who may make a will. Any person of sound
mind who has attained the age of eighteen years may, by last
will, devise all his or her estate, both real and personal.
All wills executed subsequent to September 16, 1940,
and which meet the requirements of this section are hereby
validated and shall have all the force and effect of wills executed subsequent to the taking effect of this section. [1970
ex.s. c 17 § 3; 1965 c 145 § 11.12.010. Prior: 1943 c 193 § 1;
1917 c 156 § 24; Rem. Supp. 1943 § 1394; prior: Code 1881
§ 1318; 1863 p 207 § 51; 1860 p 169 § 18.]
11.12.010
11.12.020 Requisites of wills—Foreign wills. (1)
Every will shall be in writing signed by the testator or by
some other person under the testator’s direction in the testator’s presence, and shall be attested by two or more competent witnesses, by subscribing their names to the will, or by
signing an affidavit that complies with RCW 11.20.020(2),
while in the presence of the testator and at the testator’s direction or request: PROVIDED, That a last will and testament,
executed in the mode prescribed by the law of the place
where executed or of the testator’s domicile, either at the time
of the will’s execution or at the time of the testator’s death,
11.12.020
(2010 Ed.)
11.12.040
shall be deemed to be legally executed, and shall be of the
same force and effect as if executed in the mode prescribed
by the laws of this state.
(2) This section shall be applied to all wills, whenever
executed, including those subject to pending probate proceedings. [1990 c 79 § 1; 1965 c 145 § 11.12.020. Prior:
1929 c 21 § 1; 1917 c 156 § 25; RRS § 1395; prior: Code
1881 § 1319; 1863 p 207 §§ 53, 54; 1860 p 170 §§ 20, 21.
FORMER PART OF SECTION; re nuncupative wills, now
codified as RCW 11.12.025.]
11.12.025
11.12.025 Nuncupative wills. Nothing contained in
this chapter shall prevent any member of the armed forces of
the United States or person employed on a vessel of the
United States merchant marine from disposing of his wages
or personal property, or prevent any person competent to
make a will from disposing of his or her personal property of
the value of not to exceed one thousand dollars, by nuncupative will if the same be proved by two witnesses who were
present at the making thereof, and it be proven that the testator, at the time of pronouncing the same, did bid some person
present to bear witness that such was his will, or to that effect,
and that such nuncupative will was made at the time of the
last sickness of the testator, but no proof of any nuncupative
will shall be received unless it be offered within six months
after the speaking of the testamentary words, nor unless the
words or the substance thereof be first committed to writing,
and in all cases a citation be issued to the widow and/or heirs
at law of the deceased that they may contest the will, and no
real estate shall be devised by a nuncupative will. [1965 c
145 § 11.12.025. Formerly RCW 11.12.020, part.]
11.12.030
11.12.030 Signature of testator at his or her direction—Signature by mark. Every person who shall sign the
testator’s or testatrix’s name to any will by his or her direction shall subscribe his or her own name to such will and state
that he or she subscribed the testator’s name at his or her
request: PROVIDED, That such signing and statement shall
not be required if the testator shall evidence the approval of
the signature so made at his or her request by making his or
her mark on the will. [2010 c 8 § 2011; 1965 c 145 §
11.12.030. Prior: 1927 c 91 § 1; 1917 c 156 § 27; RRS §
1397; prior: Code 1881 § 1320; 1863 p 207 § 54; 1860 p 170
§ 21.]
11.12.040
11.12.040 Revocation of will—How effected—Effect
on codicils. (1) A will, or any part thereof, can be revoked:
(a) By a subsequent will that revokes, or partially
revokes, the prior will expressly or by inconsistency; or
(b) By being burnt, torn, canceled, obliterated, or
destroyed, with the intent and for the purpose of revoking the
same, by the testator or by another person in the presence and
by the direction of the testator. If such act is done by any person other than the testator, the direction of the testator and the
facts of such injury or destruction must be proved by two witnesses.
(2) Revocation of a will in its entirety revokes its codicils, unless revocation of a codicil would be contrary to the
testator’s intent. [1994 c 221 § 12; 1965 c 145 § 11.12.040.
[Title 11 RCW—page 19]
11.12.051
Title 11 RCW: Probate and Trust Law
Prior: 1917 c 156 § 28; RRS § 1398; prior: Code 1881 §
1321; 1863 p 207 § 55; 1860 p 170 § 22.]
Additional notes found at www.leg.wa.gov
11.12.051
11.12.051 Dissolution, invalidation, or termination of
marriage or domestic partnership. (1) If, after making a
will, the testator’s marriage or domestic partnership is dissolved, invalidated, or terminated, all provisions in the will in
favor of or granting any interest or power to the testator’s
former spouse or former domestic partner are revoked, unless
the will expressly provides otherwise. Provisions affected by
this section must be interpreted, and property affected passes,
as if the former spouse or former domestic partner failed to
survive the testator, having died at the time of entry of the
decree of dissolution or declaration of invalidity. Provisions
revoked by this section are revived by the testator’s remarriage to the former spouse or reregistration of the domestic
partnership with the former domestic partner. Revocation of
certain nonprobate transfers is provided under RCW
11.07.010.
(2) This section is remedial in nature and applies to
decrees of dissolution and declarations of invalidity entered
before, on, or after January 1, 1995. [2008 c 6 § 910; 1994 c
221 § 11.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Additional notes found at www.leg.wa.gov
11.12.060
11.12.060 Agreement to convey does not revoke. A
bond, covenant, or agreement made for a valuable consideration by a testator to convey any property, devised or
bequeathed in any last will previously made, shall not be
deemed a revocation of such previous devise or bequest, but
such property shall pass by the devise or bequest, subject to
the same remedies on such bond, covenant, or agreement, for
specific performance or otherwise, against devisees or legatees, as might be had by law against the heirs of the testator or
his or her next of kin, if the same had descended to him or
her. [2010 c 8 § 2012; 1965 c 145 § 11.12.060. Prior: 1917
c 156 § 30; RRS § 1400; prior: Code 1881 § 1323; 1863 p
208 § 58; 1860 p 170 § 25.]
11.12.070
11.12.070 Devise or bequeathal of property subject to
encumbrance. When any real or personal property subject
to a mortgage is specifically devised, the devisee shall take
such property so devised subject to such mortgage unless the
will provides that such mortgage be otherwise paid. The term
"mortgage" as used in this section shall not include a pledge
of personal property.
A charge or encumbrance upon any real or personal
estate for the purpose of securing the payment of money, or
the performance of any covenant or agreement, shall not be
deemed a revocation of any will relating to the same estate,
previously executed. The devises and legacies therein contained shall pass and take effect, subject to such charge or
encumbrance. [1965 c 145 § 11.12.070. Prior: 1955 c 205 §
2; 1917 c 156 § 31; RRS § 1401; prior: Code 1881 § 1324;
1860 p 170 § 26.]
[Title 11 RCW—page 20]
11.12.080 Revocation of later will or codicil—
Effect—Evidence. (1) If, after making any will, the testator
shall execute a later will that wholly revokes the former will,
the destruction, cancellation, or revocation of the later will
shall not revive the former will, unless it was the testator’s
intention to revive it.
(2) Revocation of a codicil shall revive a prior will or
part of a prior will that the codicil would have revoked had it
remained in effect at the death of the testator, unless it was
the testator’s intention not to revive the prior will or part.
(3) Evidence that revival was or was not intended
includes, in addition to a writing by which the later will or
codicil is revoked, the circumstances of the revocation or
contemporary or subsequent declarations of the testator.
[1994 c 221 § 13; 1965 c 145 § 11.12.080. Prior: 1917 c 156
§ 35; RRS § 1405; prior: Code 1881 § 1328; 1863 p 208 § 63;
1860 p 171 § 30.]
11.12.080
Additional notes found at www.leg.wa.gov
11.12.091 Omitted child. (1) If a will fails to name or
provide for a child of the decedent who is born or adopted by
the decedent after the will’s execution and who survives the
decedent, referred to in this section as an "omitted child," the
child must receive a portion of the decedent’s estate as provided in subsection (3) of this section, unless it appears either
from the will or from other clear and convincing evidence
that the failure was intentional.
(2) In determining whether an omitted child has been
named or provided for, the following rules apply:
(a) A child identified in a will by name is considered
named whether identified as a child or in any other manner.
(b) A reference in a will to a class described as the children, descendants, or issue of the decedent who are born after
the execution of the will, or words of similar import, constitutes a naming of a person who falls within the class. A reference to another class, such as a decedent’s heirs or family,
does not constitute such a naming.
(c) A nominal interest in an estate does not constitute a
provision for a child receiving the interest.
(3) The omitted child must receive an amount equal in
value to that which the child would have received under
RCW 11.04.015 if the decedent had died intestate, unless the
court determines on the basis of clear and convincing evidence that a smaller share, including no share at all, is more
in keeping with the decedent’s intent. In making the determination, the court may consider, among other things, the various elements of the decedent’s dispositive scheme, provisions for the omitted child outside the decedent’s will, provisions for the decedent’s other children under the will and
otherwise, and provisions for the omitted child’s other parent
under the will and otherwise.
(4) In satisfying a share provided by this section, the
bequests made by the will abate as provided in chapter 11.10
RCW. [1994 c 221 § 9.]
11.12.091
Additional notes found at www.leg.wa.gov
11.12.095 Omitted spouse or omitted domestic partner. (1) If a will fails to name or provide for a spouse or
domestic partner of the decedent whom the decedent marries
or enters into a domestic partnership after the will’s execu11.12.095
(2010 Ed.)
Wills
tion and who survives the decedent, referred to in this section
as an "omitted spouse" or "omitted domestic partner," the
spouse or domestic partner must receive a portion of the
decedent’s estate as provided in subsection (3) of this section,
unless it appears either from the will or from other clear and
convincing evidence that the failure was intentional.
(2) In determining whether an omitted spouse or omitted
domestic partner has been named or provided for, the following rules apply:
(a) A spouse or domestic partner identified in a will by
name is considered named whether identified as a spouse or
domestic partner or in any other manner.
(b) A reference in a will to the decedent’s future spouse
or spouses or future domestic partner or partners, or words of
similar import, constitutes a naming of a spouse or domestic
partner whom the decedent later marries or with whom the
decedent enters into a domestic partnership. A reference to
another class such as the decedent’s heirs or family does not
constitute a naming of a spouse or domestic partner who falls
within the class.
(c) A nominal interest in an estate does not constitute a
provision for a spouse or domestic partner receiving the interest.
(3) The omitted spouse or omitted domestic partner must
receive an amount equal in value to that which the spouse or
domestic partner would have received under RCW 11.04.015
if the decedent had died intestate, unless the court determines
on the basis of clear and convincing evidence that a smaller
share, including no share at all, is more in keeping with the
decedent’s intent. In making the determination the court may
consider, among other things, the spouse’s or domestic partner’s property interests under applicable community property
or quasi-community property laws, the various elements of
the decedent’s dispositive scheme, and a marriage settlement
or settlement in a domestic partnership or other provision and
provisions for the omitted spouse or omitted domestic partner
outside the decedent’s will.
(4) In satisfying a share provided by this section, the
bequests made by the will abate as provided in chapter 11.10
RCW. [2008 c 6 § 911; 1994 c 221 § 10.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Additional notes found at www.leg.wa.gov
11.12.110 Death of grandparent’s issue before
grantor. Unless otherwise provided, when any property
shall be given under a will, or under a trust of which the decedent is a grantor and which by its terms becomes irrevocable
upon or before the grantor’s death, to any issue of a grandparent of the decedent and that issue dies before the decedent, or
dies before that issue’s interest is no longer subject to a contingency, leaving descendants who survive the decedent,
those descendants shall take that property as the predeceased
issue would have done if the predeceased issue had survived
the decedent. If those descendants are all in the same degree
of kinship to the predeceased issue they shall take equally or,
if of unequal degree, then those of more remote degree shall
take by representation with respect to the predeceased issue.
[2005 c 97 § 2; 1994 c 221 § 14; 1965 c 145 § 11.12.110.
Prior: 1947 c 44 § 1; 1917 c 156 § 34; Rem. Supp. 1947 §
11.12.110
(2010 Ed.)
11.12.170
1404; prior: Code 1881 § 1327; 1863 p 208 § 62; 1860 p 171
§ 29.]
When beneficiary with disclaimed interest deemed to have died: RCW
11.86.041.
Additional notes found at www.leg.wa.gov
11.12.120 Lapsed gift—Procedure and proof. (1) If a
will makes a gift to a person on the condition that the person
survive the testator and the person does not survive the testator, then, unless otherwise provided, the gift lapses and falls
into the residue of the estate to be distributed under the residuary clause of the will, if any, but otherwise according to the
laws of descent and distribution.
(2) If the will gives the residue to two or more persons,
the share of a person who does not survive the testator passes,
unless otherwise provided, and subject to RCW 11.12.110, to
the other person or persons receiving the residue, in proportion to the interest of each in the remaining part of the residue.
(3) The personal representative of the testator, a person
who would be affected by the lapse or distribution of a gift
under this section, or a guardian ad litem or other representative appointed to represent the interests of a person so
affected may petition the court for a determination under this
section, and the petition must be heard under the procedures
of chapter 11.96A RCW. [1999 c 42 § 604; 1994 c 221 § 15;
1974 ex.s. c 117 § 51; 1965 c 145 § 11.12.120. Prior: 1937 c
151 § 1; RRS § 1404-1.]
11.12.120
Additional notes found at www.leg.wa.gov
11.12.160 Interested witness—Effect on will. (1) An
interested witness to a will is one who would receive a gift
under the will.
(2) A will or any of its provisions is not invalid because
it is signed by an interested witness. Unless there are at least
two other subscribing witnesses to the will who are not interested witnesses, the fact that the will makes a gift to a subscribing witness creates a rebuttable presumption that the
witness procured the gift by duress, menace, fraud, or undue
influence.
(3) If the presumption established under subsection (2)
of this section applies and the interested witness fails to rebut
it, the interested witness shall take so much of the gift as does
not exceed the share of the estate that would be distributed to
the witness if the will were not established.
(4) The presumption established under subsection (2) of
this section has no effect other than that stated in subsection
(3) of this section. [1994 c 221 § 16; 1965 c 145 § 11.12.160.
Prior: 1917 c 156 § 38; RRS § 1408; prior: Code 1881 §
1331; 1863 p 209 § 67; 1860 p 171 § 34.]
11.12.160
Additional notes found at www.leg.wa.gov
11.12.170 Devise of land, what passes. Every devise
of land in any will shall be construed to convey all the estate
of the devisor therein which he or she could lawfully devise,
unless it shall clearly appear by the will that he or she
intended to convey a less estate. [2010 c 8 § 2013; 1965 c
145 § 11.12.170. Prior: 1917 c 156 § 39; RRS § 1409; prior:
Code 1881 § 1332; 1863 p 209 § 69; 1860 p 172 § 36.]
11.12.170
[Title 11 RCW—page 21]
11.12.180
Title 11 RCW: Probate and Trust Law
11.12.180 Rule in Shelley’s Case abolished—Future
distribution or interest to heirs. The Rule in Shelley’s Case
is abolished as a rule of law and as a rule of construction. If
an applicable statute or a governing instrument calls for a
future distribution to or creates a future interest in a designated individual’s "heirs," "heirs at law," "next of kin," "relatives," or "family," or language of similar import, the property passes to those persons, including the state under chapter
11.08 RCW, that would succeed to the designated individual’s estate under chapter 11.04 RCW. The property must
pass to those persons as if the designated individual had died
when the distribution or transfer of the future interest was to
take effect in possession or enjoyment. For purposes of this
section and RCW 11.12.185, the designated individual’s surviving spouse or surviving domestic partner is deemed to be
an heir, regardless of whether the surviving spouse or surviving domestic partner has remarried or entered into a subsequent domestic partnership. [2008 c 6 § 912; 1994 c 221 §
17; 1965 c 145 § 11.12.180. Prior: 1917 c 156 § 40; RRS §
1410; prior: Code 1881 § 1333; 1863 p 210 § 70; 1860 p 172
§ 37.]
11.12.180
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Additional notes found at www.leg.wa.gov
11.12.185 Doctrine of Worthier Title abolished—
Exception. The Doctrine of Worthier Title is abolished as a
rule of law and as a rule of construction. However, the Doctrine of Worthier Title is preserved as a rule of construction
if:
(1) A grantor has established in inter vivos trust of real
property;
(2) The grantor has expressly reserved a reversion to
himself or herself; and
(3) The words "heirs" or "heirs at law" are used by the
grantor to describe the quality of the grantor’s title in the
reversion as an estate in fee simple in the event that the property reverts to the grantor.
In all other cases, language in a governing instrument
describing the beneficiaries of a donative disposition as the
transferor’s "heirs," "heirs at law," "next of kin," "distributees," "relatives," or "family," or language of similar import,
does not create or presumptively create a reversionary interest in the transferor. [1994 c 221 § 18.]
11.12.185
Additional notes found at www.leg.wa.gov
11.12.190 Will to operate on after-acquired property.
Any estate, right or interest in property acquired by the testator after the making of his or her will may pass thereby and in
like manner as if title thereto was vested in him or her at the
time of making the will, unless the contrary manifestly
appears by the will to have been the intention of the testator.
[2010 c 8 § 2014; 1965 c 145 § 11.12.190. Prior: 1917 c 156
§ 41; RRS § 1411; prior: Code 1881 § 1334; 1863 p 210 § 71;
1860 p 172 § 38.]
11.12.190
11.12.230 Intent of testator controlling. All courts
and others concerned in the execution of last wills shall have
due regard to the direction of the will, and the true intent and
meaning of the testator, in all matters brought before them.
[1965 c 145 § 11.12.230. Prior: 1917 c 156 § 45; RRS §
1415; prior: Code 1881 § 1338; 1863 p 210 § 75; 1860 p 172
§ 42.]
11.12.230
11.12.250 Gift to trust. A gift may be made by a will
to a trustee of a trust executed by any trustor or testator
(including a funded or unfunded life insurance trust, although
the trustor has reserved any or all rights of ownership of the
insurance contracts) if (1) the trust is identified in the testator’s will and (2) its terms are evidenced either (a) in a written
instrument other than a will, executed by the trustor prior to
or concurrently with the execution of the testator’s will or (b)
in the will of a person who has predeceased the testator,
regardless of when executed. The existence, size, or character
of the corpus of the trust is immaterial to the validity of the
gift. Such gift shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended
after the execution of the testator’s will or after the testator’s
death. Unless the will provides otherwise, the property so
given shall not be deemed to be held under a testamentary
trust of the testator but shall become a part of the trust to
which it is given to be administered and disposed of in accordance with the terms of the instrument establishing the trust,
including any amendments, made prior to the death of the testator, and regardless of whether made before or after the execution of the will. Unless the will provides otherwise, an
express revocation of the trust prior to the testator’s death
invalidates the gift. Any termination of the trust other than by
express revocation does not invalidate the gift. For purposes
of this section, the term "gift" includes the exercise of any
testamentary power of appointment. [1985 c 23 § 2. Prior:
1984 c 149 § 5; 1965 c 145 § 11.12.250; prior: 1959 c 116 §
1.]
11.12.250
Purpose—1985 c 23: "The purpose of this act is to make technical corrections to chapter 149, Laws of 1984, and to ensure that the changes made
in that chapter meet the constitutional requirements of Article II, section 19
of the state Constitution." [1985 c 23 § 1.]
Trusts—Rule against perpetuities: Chapter 11.98 RCW.
Additional notes found at www.leg.wa.gov
11.12.255 Incorporation by reference. A will may
incorporate by reference any writing in existence when the
will is executed if the will itself manifests the testator’s intent
to incorporate the writing and describes the writing sufficiently to permit its identification. In the case of any inconsistency between the writing and the will, the will controls.
[1985 c 23 § 3. Prior: 1984 c 149 § 6.]
11.12.255
Purpose—Application—Severability—1985 c 23: See notes following RCW 11.12.250.
Additional notes found at www.leg.wa.gov
11.12.260 Separate writing may direct disposition of
tangible personal property—Requirements. (1) A will or
a trust of which the decedent is a grantor and which by its
terms becomes irrevocable upon or before the grantor’s death
may refer to a writing that directs disposition of tangible personal property not otherwise specifically disposed of by the
11.12.260
11.12.220 No interest on devise unless will so provides. No interest shall be allowed or calculated on any
devise contained in any will unless such will expressly provides for such interest. [1965 c 145 § 11.12.220. Prior: 1917
c 156 § 26; RRS § 1396.]
11.12.220
[Title 11 RCW—page 22]
(2010 Ed.)
Liability of Beneficiary of Nonprobate Asset
will or trust other than property used primarily in trade or
business. Such a writing shall not be effective unless: (a) An
unrevoked will or trust refers to the writing, (b) the writing is
either in the handwriting of, or signed by, the testator or
grantor, and (c) the writing describes the items and the recipients of the property with reasonable certainty.
(2) The writing may be written or signed before or after
the execution of the will or trust and need not have significance apart from its effect upon the dispositions of property
made by the will or trust. A writing that meets the requirements of this section shall be given effect as if it were actually
contained in the will or trust itself, except that if any person
designated to receive property in the writing dies before the
testator or grantor, the property shall pass as further directed
in the writing and in the absence of any further directions, the
disposition shall lapse and, in the case of a will, RCW
11.12.110 shall not apply to such lapse.
(3) The testator or grantor may make subsequent handwritten or signed changes to any writing. If there is an inconsistent disposition of tangible personal property as between
writings, the most recent writing controls.
(4) As used in this section "tangible personal property"
means articles of personal or household use or ornament, for
example, furniture, furnishings, automobiles, boats, airplanes, and jewelry, as well as precious metals in any tangible form, for example, bullion or coins. The term includes
articles even if held for investment purposes and encompasses tangible property that is not real property. The term
does not include mobile homes or intangible property, for
example, money that is normal currency or normal legal tender, evidences of indebtedness, bank accounts or other monetary deposits, documents of title, or securities. [2007 c 475
§ 3; 1985 c 23 § 4. Prior: 1984 c 149 § 7.]
Severability—2007 c 475: See RCW 11.05A.903.
Purpose—Application—Severability—1985 c 23: See notes following RCW 11.12.250.
Additional notes found at www.leg.wa.gov
11.12.265 Filing of original will with court before
death of testator. Any person who has custody or control of
any original will and who has not received knowledge of the
death of the testator may deliver the will for filing under seal
to any court having jurisdiction. The testator may withdraw
the original will so filed upon proper identification. Any
other person, including an attorney-in-fact or guardian of the
testator, may withdraw the original will so filed only upon
court order after showing of good cause. Upon request and
presentation of a certified copy of the testator’s death certificate, the clerk shall unseal the file. This section does not preclude filing a will not under seal and does not alter any duty
of a person having knowledge of the testator’s death to file
the will. [2004 c 72 § 1.]
11.12.265
Chapter 11.18
Chapter 11.18 RCW
LIABILITY OF BENEFICIARY OF
NONPROBATE ASSET
Sections
11.18.200
(2010 Ed.)
Liability of beneficiary of nonprobate asset—Abatement.
11.18.200
11.18.200 Liability of beneficiary of nonprobate
asset—Abatement. (1) Unless expressly exempted by statute, a beneficiary of a nonprobate asset that was subject to
satisfaction of the decedent’s general liabilities immediately
before the decedent’s death takes the asset subject to liabilities, claims, estate taxes, and the fair share of expenses of
administration reasonably incurred by the personal representative in the transfer of or administration upon the asset. The
beneficiary of such an asset is liable to account to the personal representative to the extent necessary to satisfy liabilities, claims, the asset’s fair share of expenses of administration, and the asset’s share of estate taxes under *chapter
83.110 RCW. Before making demand that a beneficiary of a
nonprobate asset account to the personal representative, the
personal representative shall give notice to the beneficiary, in
the manner provided in chapter 11.96A RCW, that the beneficiary is liable to account under this section.
(2) The following rules govern in applying subsection
(1) of this section:
(a) A beneficiary of property passing at death under a
community property agreement takes the property subject to
the decedent’s liabilities, claims, estate taxes, and administration expenses as described in subsection (1) of this section.
However, assets existing as community or separate property
immediately before the decedent’s death under the community property agreement are subject to the decedent’s liabilities and claims to the same extent that they would have been
had they been assets of the probate estate.
(b) A beneficiary of property held in joint tenancy form
with right of survivorship, including without limitation
United States savings bonds or similar obligations, takes the
property subject to the decedent’s liabilities, claims, estate
taxes, and administration expenses as described in subsection
(1) of this section to the extent of the decedent’s beneficial
ownership interest in the property immediately before death.
(c) A beneficiary of payable-on-death or trust bank
accounts, bonds, securities, or similar obligations, including
without limitation United States bonds or similar obligations,
takes the property subject to the decedent’s liabilities, claims,
estate taxes, and administration expenses as described in subsection (1) of this section, to the extent of the decedent’s beneficial ownership interest in the property immediately before
death.
(d) A beneficiary of deeds or conveyances made by the
decedent if possession has been postponed until the death of
the decedent takes the property subject to the decedent’s liabilities, claims, estate taxes, and administration expenses as
described in subsection (1) of this section, to the extent of the
decedent’s beneficial ownership interest in the property
immediately before death.
(e) A trust for the decedent’s use of which the decedent
is the grantor is subject to the decedent’s liabilities, claims,
estate taxes, and administration expenses as described in subsection (1) of this section, to the same extent as the trust was
subject to claims of the decedent’s creditors immediately
before death under RCW 19.36.020.
(f) A trust not for the use of the grantor but of which the
decedent is the grantor and that becomes effective or irrevocable only upon the decedent’s death is subject to the decedent’s claims, liabilities, estate taxes, and expenses of administration as described in subsection (1) of this section.
11.18.200
[Title 11 RCW—page 23]
Chapter 11.20
Title 11 RCW: Probate and Trust Law
(g) Anything in this section to the contrary notwithstanding, nonprobate assets that existed as community property
immediately before the decedent’s death are subject to the
decedent’s liabilities and claims to the same extent that they
would have been had they been assets of the probate estate.
(h) The liability of a beneficiary of life insurance is governed by chapter 48.18 RCW.
(i) The liability of a beneficiary of pension or retirement
employee benefits is governed by chapter 6.15 RCW.
(j) An inference may not be drawn from (a) through (i) of
this subsection that a beneficiary of nonprobate assets other
than those assets specifically described in (a) through (i) of
this subsection does or does not take the assets subject to
claims, liabilities, estate taxes, and administration expenses
as described in subsection (1) of this section.
(3) Nothing in this section derogates from the rights of a
person interested in the estate to recover tax under *chapter
83.110 RCW or from the liability of any beneficiary for
estate tax under *chapter 83.110 RCW.
(4) Nonprobate assets that may be responsible for the
satisfaction of the decedent’s general liabilities and claims
abate together with the probate assets of the estate in accord
with chapter 11.10 RCW. [1999 c 42 § 605; 1997 c 252 § 3;
1994 c 221 § 19.]
*Reviser’s note: Chapter 83.110 RCW was repealed in its entirety by
2005 c 332 § 15, effective January 1, 2006. Later enactment, see chapter
83.110A RCW.
Additional notes found at www.leg.wa.gov
Chapter 11.20
Chapter 11.20 RCW
CUSTODY, PROOF, AND PROBATE OF WILLS
Will contests: Chapter 11.24 RCW.
Sections
11.20.010
11.20.020
11.20.030
11.20.040
11.20.050
11.20.060
11.20.070
11.20.080
11.20.090
11.20.100
11.20.020 Application for probate—Hearing—
Order—Proof—Record of testimony—Affidavits of
attesting witnesses. (1) Applications for the probate of a
will and for letters testamentary, or either, may be made to
the judge of the court having jurisdiction and the court may
immediately hear the proofs and either probate or reject such
will as the testimony may justify. Upon such hearing the
court shall make and cause to be entered a formal order,
either establishing and probating such will, or refusing to
establish and probate the same, and such order shall be conclusive except in the event of a contest of such will as hereinafter provided. All testimony in support of the will shall be
reduced to writing, signed by the witnesses, and certified by
the judge of the court. If the application for probate of a will
does not request the appointment of a personal representative
and the court enters an adjudication of testacy establishing
such will no further administration shall be required except as
commenced pursuant to RCW 11.28.330 or 11.28.340.
(2) In addition to the foregoing procedure for the proof
of wills, any or all of the attesting witnesses to a will may, at
the request of the testator or, after his or her decease, at the
request of the executor or any person interested under it,
make an affidavit before any person authorized to administer
oaths, stating such facts as they would be required to testify
to in court to prove such will, which affidavit may be written
on the will or may be attached to the will or to a photographic
copy of the will. The sworn statement of any witness so
taken shall be accepted by the court as if it had been taken
before the court. [2010 c 8 § 2016; 1977 ex.s. c 234 § 2; 1974
ex.s. c 117 § 27; 1969 ex.s. c 126 § 1; 1965 c 145 § 11.20.020.
Prior: 1917 c 156 § 10; RRS § 1380; prior: 1863 p 212 §§
85, 86; 1860 p 175 §§ 52, 53.]
11.20.020
Duty of custodian of will—Liability.
Application for probate—Hearing—Order—Proof—Record
of testimony—Affidavits of attesting witnesses.
Commission to take testimony of witness.
Proof where one or more witnesses are unable or incompetent
to testify, or absent from state.
Recording of wills.
Record of will as evidence.
Proof of lost or destroyed will.
Restraint of personal representative during pendency of application to prove lost or destroyed will.
Admission to probate of foreign will.
Laws applicable to foreign wills.
11.20.010 Duty of custodian of will—Liability. Any
person having the custody or control of any will shall, within
thirty days after he or she shall have received knowledge of
the death of the testator, deliver said will to the court having
jurisdiction or to the person named in the will as executor,
and any executor having in his or her custody or control any
will shall within forty days after he or she received knowledge of the death of the testator deliver the same to the court
having jurisdiction. Any person who shall wilfully violate
any of the provisions of this section shall be liable to any
party aggrieved for the damages which may be sustained by
such violation. [2010 c 8 § 2015; 1965 c 145 § 11.20.010.
Prior: 1917 c 156 § 9; RRS § 1379; prior: Code 1881 §§
1342, 1343; 1863 p 212 § 78; 1860 p 174 § 45.]
11.20.010
Refusal to serve as executor: RCW 11.28.010.
[Title 11 RCW—page 24]
Additional notes found at www.leg.wa.gov
11.20.030 Commission to take testimony of witness.
If any witness be prevented by sickness from attending at the
time any will is produced for probate, or reside out of the
state or more than thirty miles from the place where the will
is to be proven, such court may issue a commission annexed
to such will, and directed to any judge, notary public, or other
person authorized to administer an oath, empowering him or
her to take and certify the attestation of such witness. [1987
c 202 § 171; 1965 c 145 § 11.20.030. Prior: 1923 c 142 § 1;
1917 c 156 § 11; RRS § 1381; prior: Code 1881 § 1351; 1863
p 212 § 87; 1860 p 175 § 54.]
11.20.030
Intent—1987 c 202: See note following RCW 2.04.190.
11.20.040 Proof where one or more witnesses are
unable or incompetent to testify, or absent from state.
The subsequent incompetency from whatever cause of one or
more of the subscribing witnesses, or their inability to testify
in open court or pursuant to commission, or their absence
from the state, shall not prevent the probate of the will. In
such cases the court shall admit the will to probate upon satisfactory testimony that the handwriting of the testator and of
an incompetent or absent subscribing witness is genuine or
the court may consider such other facts and circumstances, if
any, as would tend to prove such will. [1967 c 168 § 5; 1965
c 145 § 11.20.040. Prior: 1945 c 39 § 1; 1943 c 219 § 1; 1917
11.20.040
(2010 Ed.)
Will Contests
c 156 § 12; Rem. Supp. 1945 § 1382; prior: Code 1881 §
1353; 1863 p 213 §§ 89, 90; 1860 p 175 §§ 56, 57.]
11.20.050 Recording of wills. All wills filed with the
clerk of the superior court must be noted in the record
required to be kept under RCW 36.23.030(7). They may be
withdrawn from the record on the order of the court. [2002 c
271 § 1; 1967 c 168 § 17; 1965 c 145 § 11.20.050. Prior:
1915 c 156 § 13; RRS § 1383; prior: Code 1881 § 1356; 1863
p 213 § 92; 1860 p 175 § 59.]
11.20.050
Clerk to keep record of wills: RCW 36.23.030(7).
11.20.060 Record of will as evidence. The record of
any will made, probated and recorded as herein provided, and
the exemplification of such record by the clerk in whose custody the same may be, shall be received as evidence, and
shall be as effectual in all cases as the original would be if
produced and proven. [1965 c 145 § 11.20.060. Prior: 1917
c 156 § 14; RRS § 1384; prior: 1891 p 382 § 7; Code 1881 §
1358; 1863 p 213 § 94; 1860 p 175 § 61.]
11.24.010
11.20.090 Admission to probate of foreign will. Wills
probated in any other state or territory of the United States, or
in any foreign country or state, shall be admitted to probate in
this state on the production of a copy of such will and of the
original record of probate thereof, certified by the attestation
of the clerk of the court in which such probation was made; or
if there be no clerk, certification by the attestation of the
judge thereof, and by the seal of such officers, if they have a
seal. [1977 ex.s. c 234 § 3; 1965 c 145 § 11.20.090. Prior:
1917 c 156 § 22; RRS § 1392; prior: Code 1881 § 1370; 1877
p 284 § 1.]
11.20.090
Additional notes found at www.leg.wa.gov
11.20.060
Certified copies of recorded instruments as evidence: RCW 5.44.060.
11.20.070 Proof of lost or destroyed will. (1) If a will
has been lost or destroyed under circumstances such that the
loss or destruction does not have the effect of revoking the
will, the court may take proof of the execution and validity of
the will and establish it, notice to all persons interested having been first given. The proof must be reduced to writing and
signed by any witnesses who have testified as to the execution and validity, and must be filed with the clerk of the court.
(2) The provisions of a lost or destroyed will must be
proved by clear, cogent, and convincing evidence, consisting
at least in part of a witness to either its contents or the authenticity of a copy of the will.
(3) When a lost or destroyed will is established under
subsections (1) and (2) of this section, its provisions must be
distinctly stated in the judgment establishing it, and the judgment must be recorded as wills are required to be recorded. A
personal representative may be appointed by the court in the
same manner as is herein provided with reference to original
wills presented to the court for probate. [1994 c 221 § 20;
1965 c 145 § 11.20.070. Prior: 1955 c 205 § 1; 1917 c 156 §
20; RRS § 1390; prior: Code 1881 § 1367; 1860 p 177 § 70.]
11.20.100 Laws applicable to foreign wills. All provisions of law relating to the carrying into effect of domestic
wills after probate thereof shall, so far as applicable, apply to
foreign wills admitted to probate in this state. [1965 c 145 §
11.20.100. Prior: 1917 c 156 § 23; RRS § 1393; prior: Code
1881 § 1371; 1877 p 284 § 2.]
11.20.100
Chapter 11.24
WILL CONTESTS
11.20.070
Replacement of lost or destroyed probate records: RCW 5.48.060.
Additional notes found at www.leg.wa.gov
11.20.080 Restraint of personal representative during pendency of application to prove lost or destroyed
will. If, before or during the pendency of an application to
prove a lost or destroyed will, letters of administration shall
have been granted on the estate of the testator, or letters testamentary of any previous will of the testator shall have been
granted, the court shall have authority to restrain the personal
representatives so appointed, from any acts or proceedings
which would be injurious to the legatees or devisees claiming
under the lost or destroyed will. [1965 c 145 § 11.20.080.
Prior: 1917 c 156 § 21; RRS § 1391; prior: Code 1881 §
1369; 1863 p 215 § 105; 1860 p 177 § 72.]
11.20.080
Replacement of lost or destroyed probate records: RCW 5.48.060.
(2010 Ed.)
Chapter 11.24 RCW
Sections
11.24.010
11.24.020
11.24.030
11.24.040
11.24.050
Contest of probate or rejection—Limitation of action—Issues.
Filing of will contest petition—Notice.
Burden of proof.
Revocation of probate.
Costs.
11.24.010 Contest of probate or rejection—Limitation of action—Issues. If any person interested in any will
shall appear within four months immediately following the
probate or rejection thereof, and by petition to the court having jurisdiction contest the validity of said will, or appear to
have the will proven which has been rejected, he or she shall
file a petition containing his or her objections and exceptions
to said will, or to the rejection thereof. Issues respecting the
competency of the deceased to make a last will and testament, or respecting the execution by a deceased of the last
will and testament under restraint or undue influence or
fraudulent representations, or for any other cause affecting
the validity of the will or a part of it, shall be tried and determined by the court.
For the purpose of tolling the four-month limitations
period, a contest is deemed commenced when a petition is
filed with the court and not when served upon the personal
representative. The petitioner shall personally serve the personal representative within ninety days after the date of filing
the petition. If, following filing, service is not so made, the
action is deemed to not have been commenced for purposes
of tolling the statute of limitations.
If no person files and serves a petition within the time
under this section, the probate or rejection of such will shall
be binding and final. [2007 c 475 § 4; 1994 c 221 § 21; 1971
c 7 § 1; 1967 c 168 § 6; 1965 c 145 § 11.24.010. Prior: 1917
c 156 § 15; RRS § 1385; prior: 1891 p 382 § 8; Code 1881 §
1360; 1863 p 213 § 96; 1860 p 176 § 63.]
11.24.010
Severability—2007 c 475: See RCW 11.05A.903.
Additional notes found at www.leg.wa.gov
[Title 11 RCW—page 25]
11.24.020
Title 11 RCW: Probate and Trust Law
11.24.020 Filing of will contest petition—Notice.
Upon the filing of the petition referred to in RCW 11.24.010,
notice shall be given as provided in RCW 11.96A.100 to the
executors who have taken upon themselves the execution of
the will, or to the administrators with the will annexed, to all
legatees named in the will or to their guardians if any of them
are minors, or their personal representatives if any of them
are dead, and to all persons interested in the matter, as
defined in *RCW 11.96A.030(5). [2006 c 360 § 9; 1965 c
145 § 11.24.020. Prior: 1917 c 156 § 16; RRS § 1386; prior:
1891 p 382 § 9; Code 1881 § 1361; 1863 p 214 § 97; 1860 p
176 § 64.]
11.24.020
*Reviser’s note: RCW 11.96A.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (5) to subsection (6).
Clarification of laws—Enforceability of act—Severability—2006 c
360: See notes following RCW 11.108.070.
11.24.030 Burden of proof. In any such contest proceedings the previous order of the court probating, or refusing to probate, such will shall be prima facie evidence of the
legality of such will, if probated, or its illegality, if rejected,
and the burden of proving the illegality of such will, if probated, or the legality of such will, if rejected by the court,
shall rest upon the person contesting such probation or rejection of the will. [1965 c 145 § 11.24.030. Prior: 1917 c 156
§ 17; RRS § 1387.]
11.24.030
11.24.040 Revocation of probate. If, upon the trial of
said issue, it shall be decided that the will or a part of it is for
any reason invalid, or that it is not sufficiently proved to have
been the last will of the testator, the will or part and probate
thereof shall be annulled and revoked and to that extent the
powers of the personal representative shall cease, but the personal representative shall not be liable for any act done in
good faith previous to such annulling or revoking. [1994 c
221 § 22; 1965 c 145 § 11.24.040. Prior: 1917 c 156 § 18;
RRS § 1388; prior: Code 1881 § 1364; 1863 p 214 § 100;
1860 p 177 § 67.]
11.28.050
11.28.060
11.28.070
11.28.085
11.28.090
11.28.100
11.28.110
11.28.120
11.28.131
11.28.140
11.28.150
11.28.160
11.28.170
11.28.185
11.28.190
11.28.210
11.28.220
11.28.230
11.28.235
11.28.237
11.28.238
11.28.240
11.28.250
11.28.260
11.28.270
11.28.280
11.28.290
11.28.300
11.28.330
11.24.040
Additional notes found at www.leg.wa.gov
11.24.050 Costs. If the probate be revoked or the will
annulled, assessment of costs shall be in the discretion of the
court. If the will be sustained, the court may assess the costs
against the contestant, including, unless it appears that the
contestant acted with probable cause and in good faith, such
reasonable attorney’s fees as the court may deem proper.
[1965 c 145 § 11.24.050. Prior: 1917 c 156 § 19; RRS §
1389; prior: Code 1881 § 1366; 1860 p 177 § 69.]
11.24.050
Rules of court: SPR 98.12W.
Personal representative
allowance of necessary expenses: RCW 11.48.050.
compensation—Attorney’s fee: RCW 11.48.210.
Chapter 11.28
Chapter 11.28 RCW
LETTERS TESTAMENTARY AND
OF ADMINISTRATION
Sections
11.28.010
11.28.020
11.28.030
11.28.040
Letters to executors—Refusal to serve—Disqualification.
Objections to appointment.
Community property—Who entitled to letters—Waiver.
Procedure during minority or absence of executor.
[Title 11 RCW—page 26]
11.28.340
Powers of remaining executors on removal of associate.
Administration with will annexed on death of executor.
Authority of administrator with will annexed.
Records and certification of letters—Record of bonds.
Execution and form of letters testamentary.
Form of letters with will annexed.
Application for letters of administration or adjudication of
intestacy and heirship.
Persons entitled to letters.
Hearing on petition—Appointment—Issuance of letters—
Notice to surviving spouse or surviving domestic partner.
Form of letters of administration.
Revocation of letters by discovery of will.
Cancellation of letters of administration.
Oath of personal representative.
Bond or other security of personal representative—When not
required—Waiver—Corporate trustee—Additional bond—
Reduction—Other security.
Examination of sureties—Additional security—Costs.
New or additional bond.
Persons disqualified as sureties.
Bond not void for want of form—Successive recoveries.
Limitation of action against sureties.
Notice of appointment as personal representative, pendency of
probate—Proof by affidavit.
Notice of appointment as personal representative—Notice to
department of revenue.
Request for special notice of proceedings in probate—Prohibitions.
Revocation of letters—Causes.
Revocation of letters—Proceedings in court or chambers.
Powers of remaining personal representatives if letters to associates revoked or surrendered or upon disqualification.
Successor personal representative.
Accounting on death, resignation, or revocation of letters.
Proceedings against delinquent personal representative.
Notice of adjudication of testacy or intestacy and heirship—
Contents—Service or mailing.
Order of adjudication of testacy or intestacy and heirship—
Entry—Time limitation—Deemed final decree of distribution, when—Purpose—Finality of adjudications.
Administration of deceased incompetent’s estate: RCW 11.88.150.
Letters after final settlement: RCW 11.76.250.
Replacement of lost or destroyed probate records: RCW 5.48.060.
Trust company may not solicit appointment as personal representative:
RCW 30.04.260.
11.28.010 Letters to executors—Refusal to serve—
Disqualification. After the entry of an order admitting a will
to probate and appointing a personal representative, or personal representatives, letters testamentary shall be granted to
the persons therein appointed executors. If a part of the persons thus appointed refuse to act, or be disqualified, the letters shall be granted to the other persons appointed therein. If
all such persons refuse to act, letters of administration with
the will annexed shall be granted to the person to whom
administration would have been granted if there had been no
will. [1974 ex.s. c 117 § 28; 1965 c 145 § 11.28.010. Prior:
1917 c 156 § 47; RRS § 1417; prior: Code 1881 § 1372; 1863
p 217 § 106; 1860 p 179 § 73.]
11.28.010
Additional notes found at www.leg.wa.gov
11.28.020 Objections to appointment. Any person
interested in a will may file objections in writing to the granting of letters testamentary to the persons named as executors,
or any of them, and the objection shall be heard and determined by the court. [1965 c 145 § 11.28.020. Prior: 1917 c
156 § 47; RRS § 1417; prior: Code 1881 § 1372; 1863 p 217
§ 106; 1860 p 179 § 73.]
11.28.020
11.28.030 Community property—Who entitled to
letters—Waiver. A surviving spouse or surviving domestic
11.28.030
(2010 Ed.)
Letters Testamentary and of Administration
partner shall be entitled to administer upon the community
property, notwithstanding any provisions of the will to the
contrary, if the court find such spouse or such domestic partner to be otherwise qualified; but if such surviving spouse or
surviving domestic partner do not make application for such
appointment within forty days immediately following the
death of the deceased spouse or deceased domestic partner,
he or she shall be considered as having waived his or her right
to administer upon such community property. If any person,
other than the surviving spouse or surviving domestic partner, make application for letters testamentary on such property, prior to the expiration of such forty days, then the court,
before making any such appointment, shall require notice of
such application to be given the said surviving spouse or surviving domestic partner, for such time and in such manner as
the court may determine, unless such applicant show to the
satisfaction of the court that there is no surviving spouse or
surviving domestic partner or that he or she has in writing
waived the right to administer upon such community property. [2008 c 6 § 913; 1965 c 145 § 11.28.030. Prior: 1917
c 156 § 49; RRS § 1419.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
11.28.040 Procedure during minority or absence of
executor. If the executor be a minor or absent from the state,
letters of administration with the will annexed shall be
granted, during the time of such minority or absence, to some
other person unless there be another executor who shall
accept the trust, in which case the estate shall be administered
by such other executor until the disqualification shall be
removed, when such minor, having arrived at full age, or
such absentee, having returned, shall be admitted as joint
executor with the former, provided a nonresident of this state
may qualify as provided in RCW 11.36.010. [1965 c 145 §
11.28.040. Prior: 1917 c 156 § 50; RRS § 1420; prior: Code
1881 § 1374; 1863 p 217 § 108; 1860 p 180 § 75.]
11.28.040
11.28.050 Powers of remaining executors on removal
of associate. When any of the executors named shall not
qualify or having qualified shall become disqualified or be
removed, the remaining executor or executors shall have the
authority to perform every act and discharge every trust
required by the will, and their acts shall be effectual for every
purpose. [1965 c 145 § 11.28.050. Prior: 1917 c 156 § 54;
RRS § 1424; prior: Code 1881 § 1372; 1854 p 268 § 5.]
11.28.050
11.28.060 Administration with will annexed on death
of executor. No executor of an executor shall, as such, be
authorized to administer upon the estate of the first testator,
but on the death of the sole or surviving executor of any last
will, letters of administration with the will annexed, on the
estate of the first testator left unadministered, shall be issued.
[1965 c 145 § 11.28.060. Prior: 1917 c 156 § 53; RRS §
1423; prior: Code 1881 § 1379; 1863 p 218 § 113; 1860 p
180 § 80.]
11.28.060
Executor of executor may not sue for estate of first testator: RCW 11.48.190.
11.28.070 Authority of administrator with will
annexed. Administrators with the will annexed shall have
11.28.070
(2010 Ed.)
11.28.110
the same authority as the executor named in the will would
have had, and their acts shall be as effectual for every purpose: PROVIDED, That they shall not lease, mortgage,
pledge, exchange, sell, or convey any real or personal property of the estate except under order of the court and pursuant
to procedure under existing laws pertaining to the administration of estates in cases of intestacy, unless the powers
expressed in the will are directory and not discretionary, or
said administrator with will annexed shall have obtained nonintervention powers as provided in chapter 11.68 RCW.
[1974 ex.s. c 117 § 25; 1965 c 145 § 11.28.070. Prior: 1955
c 205 § 3; 1917 c 156 § 55; RRS § 1425; prior: Code 1881 §
1381; 1860 p 180 § 82.]
Additional notes found at www.leg.wa.gov
11.28.085 Records and certification of letters—
Record of bonds. See RCW 36.23.030.
11.28.085
11.28.090 Execution and form of letters testamentary. Letters testamentary to be issued to executors under the
provisions of this chapter shall be signed by the clerk, and
issued under the seal of the court, and may be in the following
form:
11.28.090
State of Washington, county of . . . . . .
In the superior court of the county of . . . . . .
Whereas, the last will of A B, deceased, was, on the . . . .
day of . . . . . . , A.D., . . . ., duly exhibited, proven, and
recorded in our said superior court; and whereas, it appears in
and by said will that C D is appointed executor thereon, and,
whereas, said C D has duly qualified, now, therefore, know
all persons by these presents, that we do hereby authorize the
said C D to execute said will according to law.
Witness my hand and the seal of said court this . . . . day
of . . . . . ., A.D., 19. . . [2009 c 549 § 1004; 1965 c 145 §
11.28.090. Prior: (i) 1917 c 156 § 56; RCW 11.28.080; RRS
§ 1426; prior: Code 1881 § 1382; 1863 p 218 § 116; 1860 p
181 § 83. (ii) 1917 c 156 § 59; RRS § 1429; prior: Code
1881 § 1386; 1863 p 219 § 120; 1860 p 181 § 87.]
11.28.100 Form of letters with will annexed. Letters
of administration with the will annexed shall be in substantially the same form as provided for letters testamentary.
[1965 c 145 § 11.28.100. Prior: 1917 c 156 § 60; RRS §
1430; prior: Code 1881 § 1387; 1863 p 219 § 121.]
11.28.100
11.28.110 Application for letters of administration or
adjudication of intestacy and heirship. Application for letters of administration, or, application for an adjudication of
intestacy and heirship without the issuance of letters of
administration shall be made by petition in writing, signed
and verified by the applicant or his or her attorney, and filed
with the court, which petition shall set forth the facts essential
to giving the court jurisdiction of the case, and state, if
known, the names, ages and addresses of the heirs of the
deceased and that the deceased died without a will. If the
application for an adjudication of intestacy and heirship does
not request the appointment of a personal representative and
the court enters an adjudication of intestacy no further administration shall be required except as set forth in RCW
11.28.330 or 11.28.340. [2010 c 8 § 2017; 1977 ex.s. c 234 §
11.28.110
[Title 11 RCW—page 27]
11.28.120
Title 11 RCW: Probate and Trust Law
4; 1974 ex.s. c 117 § 29; 1965 c 145 § 11.28.110. Prior: 1917
c 156 § 62; RRS § 1432; prior: Code 1881 § 1389; 1863 p
220 § 123; 1860 p 182 § 90.]
Additional notes found at www.leg.wa.gov
11.28.120 Persons entitled to letters. Administration
of an estate if the decedent died intestate or if the personal
representative or representatives named in the will declined
or were unable to serve shall be granted to some one or more
of the persons hereinafter mentioned, and they shall be
respectively entitled in the following order:
(1) The surviving spouse or state registered domestic
partner, or such person as he or she may request to have
appointed.
(2) The next of kin in the following order: (a) Child or
children; (b) father or mother; (c) brothers or sisters; (d)
grandchildren; (e) nephews or nieces.
(3) The trustee named by the decedent in an inter vivos
trust instrument, testamentary trustee named in the will,
guardian of the person or estate of the decedent, or attorneyin-fact appointed by the decedent, if any such a fiduciary controlled or potentially controlled substantially all of the decedent’s probate and nonprobate assets.
(4) One or more of the beneficiaries or transferees of the
decedent’s probate or nonprobate assets.
(5)(a) The director of revenue, or the director’s designee,
for those estates having property subject to the provisions of
chapter 11.08 RCW; however, the director may waive this
right.
(b) The secretary of the department of social and health
services for those estates owing debts for long-term care services as defined in *RCW 74.39A.008; however the secretary
may waive this right.
(6) One or more of the principal creditors.
(7) If the persons so entitled shall fail for more than forty
days after the death of the decedent to present a petition for
letters of administration, or if it appears to the satisfaction of
the court that there is no next of kin, as above specified eligible to appointment, or they waive their right, and there are no
principal creditor or creditors, or such creditor or creditors
waive their right, then the court may appoint any suitable person to administer such estate. [2007 c 156 § 28; 1995 1st sp.s.
c 18 § 61; 1994 c 221 § 23; 1985 c 133 § 1; 1965 c 145 §
11.28.120. Prior: 1927 c 76 § 1; 1917 c 156 § 61; RRS §
1431; prior: Code 1881 § 1388; 1863 p 219 § 122; 1860 p
181 § 89.]
11.28.120
*Reviser’s note: RCW 74.39A.008 was repealed by 1997 c 392 § 530.
Additional notes found at www.leg.wa.gov
11.28.131 Hearing on petition—Appointment—Issuance of letters—Notice to surviving spouse or surviving
domestic partner. When a petition for general letters of
administration or for letters of administration with the will
annexed shall be filed, the matter may be heard forthwith,
appointment made and letters of administration issued: PROVIDED, That if there be a surviving spouse or surviving
domestic partner and a petition is presented by anyone other
than the surviving spouse or surviving domestic partner, or
any person designated by the surviving spouse or surviving
domestic partner to serve as personal representative on his or
11.28.131
[Title 11 RCW—page 28]
her behalf, notice to the surviving spouse or surviving domestic partner shall be given of the time and place of such hearing
at least ten days before the hearing, unless the surviving
spouse or surviving domestic partner shall waive notice of
the hearing in writing filed in the cause. [2008 c 6 § 914;
1974 ex.s. c 117 § 44.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Additional notes found at www.leg.wa.gov
11.28.140 Form of letters of administration. Letters
of administration shall be signed by the clerk, and be under
the seal of the court, and may be substantially in the following form:
11.28.140
State of Washington, County of . . . . . .
Whereas, A.B., late of . . . . . . on or about the . . . . day of
. . . . . . A.D., . . . . died intestate, leaving at the time of his or
her death, property in this state subject to administration:
Now, therefore, know all persons by these presents, that we
do hereby appoint . . . . . . . . . administrator upon said estate,
and whereas said administrator has duly qualified, hereby
authorize him or her to administer the same according to law.
Witness my hand and the seal of said court this . . . . day
of . . . . . . A.D., 19. . . [2009 c 549 § 1005; 1965 c 145 §
11.28.140. Prior: 1917 c 156 § 65; RRS § 1435; prior: Code
1881 § 1392; 1863 p 220 § 125; 1860 p 182 § 92.]
11.28.150 Revocation of letters by discovery of will.
If after letters of administration are granted a will of the
deceased be found and probate thereof be granted, the letters
shall be revoked and letters testamentary or of administration
with the will annexed, shall be granted. [1965 c 145 §
11.28.150. Prior: 1917 c 156 § 51; RRS § 1421; prior: Code
1881 § 1375; 1863 p 218 § 109; 1860 p 180 § 76.]
11.28.150
11.28.160 Cancellation of letters of administration.
The court appointing any personal representative shall have
authority for any cause deemed sufficient, to cancel and
annul such letters and appoint other personal representatives
in the place of those removed. [1965 c 145 § 11.28.160.
Prior: 1917 c 156 § 52; RRS § 1422.]
11.28.160
Revocation of letters—Causes: RCW 11.28.250.
11.28.170 Oath of personal representative. Before
letters testamentary or of administration are issued, each personal representative or an officer of a bank or trust company
qualified to act as a personal representative, must take and
subscribe an oath, before some person authorized to administer oaths, that the duties of the trust as personal representative
will be performed according to law, which oath must be filed
in the cause. [2005 c 97 § 3; 1965 c 145 § 11.28.170. Prior:
1917 c 156 § 66; RRS § 1436; prior: Code 1881 § 1393; 1877
p 211 § 4; 1873 p 329 § 366.]
11.28.170
11.28.185 Bond or other security of personal representative—When not required—Waiver—Corporate
trustee—Additional bond—Reduction—Other security.
When the terms of the decedent’s will manifest an intent that
the personal representative appointed to administer the estate
shall not be required to furnish bond or other security, or
11.28.185
(2010 Ed.)
Letters Testamentary and of Administration
when the personal representative is the surviving spouse or
surviving domestic partner of the decedent and it appears to
the court that the entire estate, after provision for expenses
and claims of creditors, will be distributable to such spouse or
surviving domestic partner, then such personal representative
shall not be required to give bond or other security as a condition of appointment. In all cases where a bank or trust company authorized to act as personal representative is appointed
as personal representative, no bond shall be required. In all
other cases, unless waived by the court, the personal representative shall give such bond or other security, in such
amount and with such surety or sureties, as the court may
direct.
Every person required to furnish bond must, before
receiving letters testamentary or of administration, execute a
bond to the state of Washington conditioned that the personal
representative shall faithfully execute the duty of the trust
according to law.
The court may at any time after appointment of the personal representative require said personal representative to
give a bond or additional bond, the same to be conditioned
and to be approved as provided in this section; or the court
may allow a reduction of the bond upon a proper showing.
In lieu of bond, the court may in its discretion, substitute
other security or financial arrangements, such as provided
under RCW 11.88.105, or as the court may deem adequate to
protect the assets of the estate. [2008 c 6 § 915; 1977 ex.s. c
234 § 5; 1974 ex.s. c 117 § 46.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Additional notes found at www.leg.wa.gov
11.28.190
11.28.190 Examination of sureties—Additional security—Costs. Before the judge approves any bond required
under this chapter, and after its approval, he or she may, of
his or her own motion, or upon the motion of any person
interested in the estate, supported by affidavit that the sureties, or some one or more of them, are not worth as much as
they have justified to, order a citation to issue, requiring such
sureties to appear before him or her at a designated time and
place, to be examined touching their property and its value;
and the judge must, at the same time, cause notice to be
issued to the personal representative, requiring his or her
appearance on the return of the citation, and on its return he
or she may examine the sureties and such witnesses as may
be produced touching the property of the sureties and its
value; and if upon such examination he or she is satisfied that
the bond is insufficient he or she must require sufficient additional security. If the bond and sureties are found by the court
to be sufficient, the costs incident to such hearing shall be
taxed against the party instituting such hearing. As a part of
such costs the sureties appearing shall be allowed such fees
and mileage as witnesses are allowed in civil proceedings:
PROVIDED, That when the citation herein referred to is
issued on the motion of the court, no costs shall be imposed.
[2010 c 8 § 2018; 1965 c 145 § 11.28.190. Prior: 1917 c 156
§ 68; RRS § 1438; prior: Code 1881 § 1400; 1877 p 212 § 4;
1863 p 221 § 129; 1860 p 183 § 96.]
Fees and allowances of witnesses: Chapter 2.40 RCW, RCW 5.56.010.
(2010 Ed.)
11.28.237
11.28.210 New or additional bond. Any person interested may at any time by verified petition to the court, or otherwise, complain of the sufficiency of any bond or sureties
thereon, and the court may upon such petition, or upon its
own motion, and with or without hearing upon the matter,
require the personal representative to give a new, or additional bond, or bonds, and in all such matters the court may
act in its discretion and make such orders and citations as to
it may seem right and proper in the premises. [1965 c 145 §
11.28.210. Prior: 1917 c 156 § 70; RRS § 1440; prior: 1891
p 383 § 13 1/2; Code 1881 § 1404; 1877 p 212 § 4; 1863 p
221 § 131; 1860 p 183 § 98.]
11.28.210
11.28.220 Persons disqualified as sureties. No judge
of the superior court, no sheriff, clerk of a court, or deputy of
either, and no attorney-at-law shall be taken as surety on any
bond required to be taken in any proceeding in probate.
[1965 c 145 § 11.28.220. Prior: 1917 c 156 § 71; RRS §
1441; prior: 1891 p 383 § 14; Code 1881 § 1409; 1863 p 221
§ 128; 1860 p 183 § 95.]
11.28.220
11.28.230 Bond not void for want of form—Successive recoveries. No bond required under the provisions of
this chapter, and intended as such bond, shall be void for
want of form, recital or condition; nor shall the principal or
surety on such account be discharged, but all the parties
thereto shall be held and bound to the full extent contemplated by the law requiring the same, to the amount specified
in such bond. In all actions on such defective bond the plaintiff may state its legal effect in the same manner as though it
were a perfect bond. The bond shall not be void upon the first
recovery, but may be sued and recovered upon, from time to
time, by any person aggrieved in his or her own name, until
the whole penalty is exhausted. [2010 c 8 § 2019; 1965 c 145
§ 11.28.230. Prior: 1917 c 156 § 73; RRS § 1443; prior:
Code 1881 §§ 1412, 1397; 1877 p 211 § 4; 1854 p 219 § 489.]
11.28.230
Bond not to fail for want of form or substance: RCW 19.72.170.
11.28.235 Limitation of action against sureties. All
actions against sureties shall be commenced within six years
after the revocation or surrender of letters of administration
or death of the principal. [1965 c 145 § 11.28.235. Prior:
1917 c 156 § 80; RCW 11.28.310; RRS § 1450; prior: 1891
p 385 § 21; Code 1881 § 1431; 1854 p 274 § 42.]
11.28.235
11.28.237 Notice of appointment as personal representative, pendency of probate—Proof by affidavit. (1)
Within twenty days after appointment, the personal representative of the estate of a decedent shall cause written notice of
his or her appointment and the pendency of said probate proceedings, to be served personally or by mail to each heir, legatee and devisee of the estate and each beneficiary or transferee of a nonprobate asset of the decedent whose names and
addresses are known to him or her, and proof of such mailing
or service shall be made by affidavit and filed in the cause.
(2) If the personal representative does not otherwise give
notice to creditors under chapter 11.40 RCW within thirty
days after appointment, the personal representative shall
cause written notice of his or her appointment and the pendency of the probate proceedings to be mailed to the state of
11.28.237
[Title 11 RCW—page 29]
11.28.238
Title 11 RCW: Probate and Trust Law
Washington department of social and health services’ office
of financial recovery, and proof of the mailing shall be made
by affidavit and filed in the cause. [1997 c 252 § 85; 1994 c
221 § 24; 1977 ex.s. c 234 § 6; 1974 ex.s. c 117 § 30; 1969 c
70 § 2; 1965 c 145 § 11.28.237. Prior: 1955 c 205 § 13, part;
RCW 11.76.040, part.]
Additional notes found at www.leg.wa.gov
11.28.238 Notice of appointment as personal representative—Notice to department of revenue. Duty of personal representative to notify department of revenue of
administration; personal liability for taxes upon failure to
give notice: See RCW 82.32.240.
11.28.238
11.28.240 Request for special notice of proceedings in
probate—Prohibitions. (1) At any time after the issuance of
letters testamentary or of administration or certificate of qualification upon the estate of any decedent, any person interested in the estate as an heir, devisee, distributee, legatee or
creditor whose claim has been duly served and filed, or the
lawyer for the heir, devisee, distributee, legatee, or creditor
may serve upon the personal representative or upon the lawyer for the personal representative, and file with the clerk of
the court wherein the administration of the estate is pending,
a written request stating that the person desires special notice
of any or all of the following named matters, steps or proceedings in the administration of the estate, to wit:
(a) Filing of petitions for sales, leases, exchanges or
mortgages of any property of the estate.
(b) Petitions for any order of solvency or for nonintervention powers.
(c) Filing of accounts.
(d) Filing of petitions for distribution.
(e) Petitions by the personal representative for family
allowances and homesteads.
(f) The filing of a declaration of completion.
(g) The filing of the inventory.
(h) Notice of presentation of personal representative’s
claim against the estate.
(i) Petition to continue a going business.
(j) Petition to borrow upon the general credit of the
estate.
(k) Petition for judicial proceedings under chapter
11.96A RCW.
(l) Petition to reopen an estate.
(m) Intent to distribute estate assets, other than distributions in satisfaction of specific bequests or legacies of specific dollar amounts.
(n) Intent to pay attorney’s or personal representative’s
fees.
The requests shall state the post office address of the
heir, devisee, distributee, legatee or creditor, or his or her
lawyer, and thereafter a brief notice of the filing of any of the
petitions, accounts, declaration, inventory or claim, except
petitions for sale of perishable property, or other tangible personal property which will incur expense or loss by keeping,
shall be addressed to the heir, devisee, distributee, legatee or
creditor, or his or her lawyer, at the post office address stated
in the request, and deposited in the United States post office,
with prepaid postage, at least ten days before the hearing of
11.28.240
[Title 11 RCW—page 30]
the petition, account or claim or of the proposed distribution
or payment of fees; or personal service of the notices may be
made on the heir, devisee, distributee, legatee, creditor, or
lawyer, not less than five days before the hearing, and the
personal service shall have the same effect as deposit in the
post office, and proof of mailing or of personal service must
be filed with the clerk before the hearing of the petition,
account or claim or of the proposed distribution or payment
of fees. If the notice has been regularly given, any distribution or payment of fees and any order or judgment, made in
accord therewith is final and conclusive.
(2) Notwithstanding subsection (1) of this section, a
request for special notice may not be made by a person, and
any request for special notice previously made by a person
becomes null and void, when:
(a) That person qualifies to request special notice solely
by reason of being a specific legatee, all of the property that
person is entitled to receive from the decedent’s estate has
been distributed to that person, and that person’s bequest is
not subject to any subsequent abatement for the payment of
the decedent’s debts, expenses, or taxes;
(b) That person qualifies to request special notice solely
by reason of being an heir of the decedent, none of the decedent’s property is subject to the laws of descent and distribution, the decedent’s will has been probated, and the time for
contesting the probate of that will has expired; or
(c) That person qualifies to request special notice solely
by reason of being a creditor of the decedent and that person
has received all of the property that the person is entitled to
receive from the decedent’s estate. [1999 c 42 § 606; 1997 c
252 § 4; 1985 c 30 § 5. Prior: 1984 c 149 § 8; 1965 c 145 §
11.28.240; prior: 1941 c 206 § 1; 1939 c 132 § 1; 1917 c 156
§ 64; Rem. Supp. 1941 § 1434.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Borrowing on general credit of estate—Petition—Notice—Hearing: RCW
11.56.280.
Claim of personal representative—Presentation and petition—Filing: RCW
11.40.140.
Continuation of decedent’s business: RCW 11.48.025.
Purchase of claims by personal representative: RCW 11.48.080.
Report of personal representative, notice of hearing: RCW 11.76.020,
11.76.040.
Sales, exchanges, leases, mortgages and borrowing: Chapter 11.56 RCW.
Additional notes found at www.leg.wa.gov
11.28.250 Revocation of letters—Causes. Whenever
the court has reason to believe that any personal representative has wasted, embezzled, or mismanaged, or is about to
waste, or embezzle the property of the estate committed to his
or her charge, or has committed, or is about to commit a fraud
upon the estate, or is incompetent to act, or is permanently
removed from the state, or has wrongfully neglected the
estate, or has neglected to perform any acts as such personal
representative, or for any other cause or reason which to the
court appears necessary, it shall have power and authority,
after notice and hearing to revoke such letters. The manner of
the notice and of the service of the same and of the time of
hearing shall be wholly in the discretion of the court, and if
the court for any such reasons revokes such letters the powers
of such personal representative shall at once cease, and it
11.28.250
(2010 Ed.)
Letters Testamentary and of Administration
shall be the duty of the court to immediately appoint some
other personal representative, as in this title provided. [2010
c 8 § 2020; 1965 c 145 § 11.28.250. Prior: 1917 c 156 § 74;
RRS § 1444; prior: Code 1881 § 1414; 1863 p 218 § 112;
1860 p 186 § 114.]
Absentee estates, removal of trustee: RCW 11.80.060.
Accounting on revocation of letters: RCW 11.28.290.
Cancellation of letters of administration: RCW 11.28.160.
Effect on compensation of personal representative who fails to discharge
duties: RCW 11.48.210.
Notice to creditors when personal representative removed—Limit tolled by
vacancy: RCW 11.40.150.
Revocation of letters
by discovery of will: RCW 11.28.150.
upon conviction of crime or becoming of unsound mind: RCW 11.36.010.
Successor personal representative: RCW 11.28.280.
11.28.260 Revocation of letters—Proceedings in
court or chambers. The applications and acts authorized by
RCW 11.28.250 may be heard and determined in court or at
chambers. All orders made therein must be entered upon the
minutes of the court. [1965 c 145 § 11.28.260. Prior: 1917 c
156 § 75; RRS § 1445; prior: 1891 p 384 § 17; Code 1881 §
1413; 1877 p 213 § 4.]
11.28.260
11.28.270 Powers of remaining personal representatives if letters to associates revoked or surrendered or
upon disqualification. If more than one personal representative of an estate is serving when the letters to any of them
are revoked or surrendered or when any part of them dies or
in any way becomes disqualified, those who remain shall perform all the duties required by law unless the decedent provided otherwise in a duly probated will or unless the court
orders otherwise. [1997 c 252 § 5; 1965 c 145 § 11.28.270.
Prior: 1917 c 156 § 76; RRS § 1446; prior: Code 1881 §
1427; 1854 p 273 § 38.]
11.28.270
Additional notes found at www.leg.wa.gov
11.28.280 Successor personal representative. Except
as otherwise provided in RCW 11.28.270, if a personal representative of an estate dies or resigns or the letters are revoked
before the settlement of the estate, letters testamentary or letters of administration of the estate remaining unadministered
shall be granted to those to whom the letters would have been
granted if the original letters had not been obtained, or the
person obtaining them had renounced administration, and the
successor personal representative shall perform like duties
and incur like liabilities as the preceding personal representative, unless the decedent provided otherwise in a duly probated will or unless the court orders otherwise. A succeeding
personal representative may petition for nonintervention
powers under chapter 11.68 RCW. [1997 c 252 § 6; 1974
ex.s. c 117 § 26; 1965 c 145 § 11.28.280. Prior: 1955 c 205 §
8; 1917 c 156 § 77; RRS § 1447; prior: Code 1881 § 1428.]
11.28.280
Additional notes found at www.leg.wa.gov
11.28.290 Accounting on death, resignation, or revocation of letters. If any personal representative resign, or his
or her letters be revoked, or he or she die, he or she or his or
her representatives shall account for, pay, and deliver to his
11.28.290
(2010 Ed.)
11.28.330
or her successor or to the surviving or remaining personal
representatives, all money and property of every kind, and all
rights, credits, deeds, evidences of debt, and papers of every
kind, of the deceased, at such time and in such manner as the
court shall order on final settlement with such personal representative or his or her legal representatives. [2010 c 8 § 2021;
1965 c 145 § 11.28.290. Prior: 1917 c 156 § 78; RRS §
1448; prior: Code 1881 § 1429; 1854 p 273 § 40.]
11.28.300 Proceedings against delinquent personal
representative. The succeeding administrator, or remaining
personal representative may proceed by law against any
delinquent former personal representative, or his or her personal representatives, or the sureties of either, or against any
other person possessed of any part of the estate. [2010 c 8 §
2022; 1965 c 145 § 11.28.300. Prior: 1917 c 156 § 79; RRS
§ 1449; prior: 1891 p 384 § 20; Code 1881 § 1430; 1854 p
273 § 41.]
11.28.300
Limitation of action against sureties: RCW 11.28.235.
11.28.330 Notice of adjudication of testacy or intestacy and heirship—Contents—Service or mailing. If no
personal representative is appointed to administer the estate
of a decedent, the person obtaining the adjudication of
testacy, or intestacy and heirship, within thirty days shall personally serve or mail a true copy of the adjudication to each
heir, legatee, and devisee of the decedent, which copy shall
contain the name of the decedent’s estate and the probate
cause number, and shall:
(1) State the name and address of the applicant;
(2) State that on the . . . . day of . . . . . . , . . . ., the applicant obtained an order from the superior court of . . . . . .
county, state of Washington, adjudicating that the decedent
died intestate, or testate, whichever shall be the case;
(3) In the event the decedent died testate, enclose a copy
of his or her will therewith, and state that the adjudication of
testacy will become final and conclusive for all legal intents
and purposes unless any heir, legatee, or devisee of the decedent shall contest said will within four months after the date
the said will was adjudicated to be the last will and testament
of the decedent;
(4) In the event that the decedent died intestate, set forth
the names and addresses of the heirs of the decedent, their
relationship to the decedent, the distributive shares of the
estate of the decedent which they are entitled to receive, and
that said adjudication of intestacy and heirship shall become
final and conclusive for all legal intents and purposes, unless,
within four months of the date of said adjudication of intestacy, a petition shall be filed seeking the admission of a will
of the decedent for probate, or contesting the adjudication of
heirship.
Notices provided for in this section may be served personally or sent by regular mail, and proof of such service or
mailing shall be made by an affidavit filed in the cause;
(5) Mail a true copy of the adjudication, including the
decedent’s social security number and the name and address
of the applicant, to the state of Washington department of
social and health services office of financial recovery. [2010
c 8 § 2023; 2004 c 193 § 1; 1974 ex.s. c 117 § 31.]
11.28.330
Additional notes found at www.leg.wa.gov
[Title 11 RCW—page 31]
11.28.340
Title 11 RCW: Probate and Trust Law
11.28.340 Order of adjudication of testacy or intestacy and heirship—Entry—Time limitation—Deemed
final decree of distribution, when—Purpose—Finality of
adjudications. Unless, within four months after the entry of
the order adjudicating testacy or intestacy and heirship, and
the mailing or service of the notice required in RCW
11.28.330 any heir, legatee or devisee of the decedent shall
offer a later will for probate or contest an adjudication of
testacy in the manner provided in this title for will contests, or
offer a will of the decedent for probate following an adjudication of intestacy and heirship, or contesting the determination
of heirship, an order adjudicating testacy or intestacy and
heirship without appointing a personal representative to
administer a decedent’s estate shall, as to those persons by
whom notice was waived or to whom said notice was mailed
or on whom served, be deemed the equivalent of the entry of
a final decree of distribution in accordance with the provisions of chapter 11.76 RCW for the purpose of:
(1) Establishing the decedent’s will as his or her last will
and testament and persons entitled to receive his or her estate
thereunder; or
(2) Establishing the fact that the decedent died intestate,
and those persons entitled to receive his or her estate as his or
her heirs at law.
The right of an heir, legatee, or devisee to receive the
assets of a decedent shall, to the extent otherwise provided by
this title, be subject to the prior rights of the decedent’s creditors and of any persons entitled to a homestead award or
award in lieu of homestead or family allowance, and nothing
contained in this section shall be deemed to alter or diminish
such prior rights, or to prohibit any person for good cause
shown, from obtaining the appointment of a personal representative to administer the estate of the decedent after the
entry of an order adjudicating testacy or intestacy and heirship. However, if the petition for letters testamentary or of
administration shall be filed more than four months after the
date of the adjudication of testacy or of intestacy and heirship, the issuance of such letters shall not affect the finality of
said adjudications.
Four months after providing all notices as required in
RCW 11.28.330, any person paying, delivering, transferring,
or issuing property to the person entitled thereto under an
adjudication of testacy or intestacy and heirship that is
deemed the equivalent of a final decree of distribution as set
forth in this section is discharged and released to the same
extent as if such person has dealt with a personal representative of the decedent. [2010 c 8 § 2024; 2004 c 193 § 2; 1988
c 29 § 1; 1977 ex.s. c 234 § 7; 1974 ex.s. c 117 § 32.]
11.28.340
Additional notes found at www.leg.wa.gov
Chapter 11.32
Chapter 11.32 RCW
SPECIAL ADMINISTRATORS
Sections
11.32.010
11.32.020
11.32.030
11.32.040
11.32.050
11.32.060
Appointment.
Bond.
Powers and duties.
Succession by personal representative.
Not liable to creditors.
To render account.
[Title 11 RCW—page 32]
11.32.010
11.32.010 Appointment. When, by reason of an action
concerning the proof of a will, or from any other cause, there
shall be a delay in granting letters testamentary or of administration, the judge may, in his or her discretion, appoint a
special administrator (other than one of the parties) to collect
and preserve the effects of the deceased; and in case of an
appeal from the decree appointing such special administrator,
he or she shall, nevertheless, proceed in the execution of his
or her trust until he or she shall be otherwise ordered by the
appellate court. [2010 c 8 § 2025; 1965 c 145 § 11.32.010.
Prior: 1917 c 156 § 81; RRS § 1451; prior: 1891 p 384 § 19;
Code 1881 § 1419; 1863 p 222 § 137; 1860 p 184 § 104.]
11.32.020
11.32.020 Bond. Every such administrator shall, before
entering on the duties of his or her trust, give bond, with sufficient surety or sureties, in such sum as the judge shall order,
payable to the state of Washington, with conditions as
required of an executor or in other cases of administration:
PROVIDED, That in all cases where a bank or trust company
authorized to act as administrator is appointed special administrator or acts as special administrator under an appointment
as such heretofore made, no bond shall be required. [2010 c
8 § 2026; 1965 c 145 § 11.32.020. Prior: 1963 c 46 § 2; 1917
c 156 § 82; RRS § 1452; prior: Code 1881 § 1420; 1863 pp
220, 222 §§ 126, 138; 1860 pp 183, 184 §§ 93, 105.]
Bond of personal representative: RCW 11.28.185.
11.32.030
11.32.030 Powers and duties. Such special administrator shall collect all the goods, chattels, money, effects, and
debts of the deceased, and preserve the same for the personal
representative who shall thereafter be appointed; and for that
purpose may commence and maintain suits as an administrator, and may also sell such perishable and other goods as the
court shall order sold, and make family allowances under the
order of the court. The appointment may be for a specified
time, to perform duties respecting specific property, or to perform particular acts, as stated in the order of appointment.
Such special administrator shall be allowed such compensation for his or her services as the said court shall deem reasonable, together with reasonable fees for his or her attorney.
[2010 c 8 § 2027; 1965 c 145 § 11.32.030. Prior: 1917 c 156
§ 83; RRS § 1453; prior: Code 1881 § 1421; 1863 p 222 §
139; 1860 p 185 § 106.]
11.32.040
11.32.040 Succession by personal representative.
Upon granting letters testamentary or of administration the
power of the special administrator shall cease, and he or she
shall forthwith deliver to the personal representative all the
goods, chattels, money, effects, and debts of the deceased in
his or her hands, and the personal representative may be
admitted to prosecute any suit commenced by the special
administrator, in like manner as an administrator de bonis
non is authorized to prosecute a suit commenced by a former
personal representative. The estate shall be liable for obligations incurred by the special administrator pursuant to the
order of appointment or approved by the court. [2010 c 8 §
2028; 1965 c 145 § 11.32.040. Prior: 1917 c 156 § 84; RRS
§ 1454; prior: Code 1881 § 1422; 1863 p 233 § 140; 1860 p
185 § 107.]
(2010 Ed.)
Qualifications of Personal Representatives
11.32.050 Not liable to creditors. Such special administrator shall not be liable to an action by any creditor of the
deceased, and the time for limitation of all suits against the
estate shall begin to run from the time of granting letters testamentary or of administration in the usual form, in like manner as if such special administration had not been granted.
[1965 c 145 § 11.32.050. Prior: 1917 c 156 § 85; RRS §
1455; prior: Code 1881 § 1423; 1863 p 223 § 141; 1860 p
185 § 108.]
11.32.050
Chapter 11.40
shall file a bond to be approved by the court. [1983 c 51 § 1;
1983 c 3 § 14; 1965 c 145 § 11.36.010. Prior: 1959 c 43 § 1;
1917 c 156 § 87; RRS § 1457; prior: Code 1881 § 1409; 1863
p 227 § 164; 1860 p 189 § 131.]
Rules of court: Counsel fees: SPR 98.12W.
Financial institutions may act as guardian: RCW 11.88.020.
Procedure during minority or absence of executor: RCW 11.28.040.
Trust company may act as personal representative: RCW 30.08.150.
11.36.021 Trustees—Who may serve. (1) The following may serve as trustees:
(a) Any suitable persons over the age of eighteen years,
if not otherwise disqualified;
(b) Any trust company regularly organized under the
laws of this state and national banks when authorized to do
so;
(c) Any nonprofit corporation, if the articles of incorporation or bylaws of that corporation permit the action and the
corporation is in compliance with all applicable provisions of
Title 24 RCW;
(d) Any professional service corporations regularly organized under the laws of this state whose shareholder or shareholders are exclusively attorneys; and
(e) Any other entity so authorized under the laws of the
state of Washington.
(2) The following are disqualified to serve as trustees:
(a) Minors, persons of unsound mind, or persons who
have been convicted of any felony or a misdemeanor involving moral turpitude; and
(b) A corporation organized under Title 23B RCW that is
not authorized under the laws of the state of Washington to
act as a fiduciary. [1991 c 72 § 1; 1985 c 30 § 6. Prior: 1984
c 149 § 9.]
11.36.021
11.32.060 To render account. The special administrator shall also render an account, under oath, of his or her proceedings, in like manner as other administrators are required
to do. [2010 c 8 § 2029; 1965 c 145 § 11.32.060. Prior: 1917
c 156 § 86; RRS § 1456; prior: Code 1881 § 1424; 1863 p
223 § 142; 1860 p 185 § 109.]
11.32.060
Settlement of estates: Chapter 11.76 RCW.
Chapter 11.36
Chapter 11.36 RCW
QUALIFICATIONS OF
PERSONAL REPRESENTATIVES
Sections
11.36.010
11.36.021
Parties disqualified—Result of disqualification after appointment.
Trustees—Who may serve.
11.36.010 Parties disqualified—Result of disqualification after appointment. The following persons are not
qualified to act as personal representatives: Corporations,
minors, persons of unsound mind, or persons who have been
convicted of any felony or of a misdemeanor involving moral
turpitude: PROVIDED, That trust companies regularly organized under the laws of this state and national banks when
authorized so to do may act as the personal representative of
decedents’ or incompetents’ estates upon petition of any person having a right to such appointment and may act as executors or guardians when so appointed by will: PROVIDED
FURTHER, That professional service corporations regularly
organized under the laws of this state whose shareholder or
shareholders are exclusively attorneys may act as personal
representatives. No trust company or national bank may qualify as such executor or guardian under any will hereafter
drawn by it or its agents or employees, and no salaried attorney of any such company may be allowed any attorney fee
for probating any such will or in relation to the administration
or settlement of any such estate, and no part of any attorney
fee may inure, directly or indirectly, to the benefit of any trust
company or national bank. When any person to whom letters
testamentary or of administration have been issued becomes
disqualified to act because of becoming of unsound mind or
being convicted of any crime or misdemeanor involving
moral turpitude, the court having jurisdiction shall revoke his
or her letters. A nonresident may be appointed to act as personal representative if the nonresident appoints an agent who
is a resident of the county where such estate is being probated
or who is an attorney of record of the estate, upon whom service of all papers may be made; such appointment to be made
in writing and filed by the clerk with other papers of such
estate; and, unless bond has been waived as provided by
RCW 11.28.185, such nonresident personal representative
11.36.010
(2010 Ed.)
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
Chapter 11.40
Chapter 11.40 RCW
CLAIMS AGAINST ESTATE
Sections
11.40.010
11.40.020
11.40.030
11.40.040
11.40.051
11.40.060
11.40.070
11.40.080
11.40.090
11.40.100
11.40.110
11.40.120
11.40.130
11.40.135
11.40.140
11.40.150
Claims—Presentation—Other notice not affected.
Notice to creditors—Manner—Filings—Publication.
Notice to creditors—Form.
"Reasonably ascertainable" creditor—Definition—Reasonable diligence—Presumptions—Petition for order.
Claims against decedent—Time limits.
Claims involving liability or casualty insurance—Limitations—Exceptions to time limits.
Claims—Form—Manner of presentation—Waiver of defects.
Claims—Duty to allow or reject—Notice of petition to
allow—Attorneys’ fees.
Allowance of claims—Notice—Automatic allowance—Petition for extension—Ranking of claims—Barred claims.
Rejection of claim—Time limits—Notice—Compromise of
claim.
Action pending at decedent’s death—Personal representative
as defendant.
Effect of judgment against personal representative.
Judgment against decedent—Execution barred upon decedent’s death—Presentation—Sale of property.
Secured claim—Creditor’s right.
Claim of personal representative—Presentation and petition—
Filing.
Notice to creditors when personal representative resigns, dies,
or is removed—Limit tolled by vacancy.
[Title 11 RCW—page 33]
11.40.010
11.40.160
11.40.900
Title 11 RCW: Probate and Trust Law
Personal representative as successor to notice agent—Notice
not affected—Presumptions—Duties.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Action on claim not acted on—Contribution: RCW 11.76.170.
Contingent or disputed claims, procedure: RCW 11.76.190.
Evidence, transaction with person since deceased: RCW 5.60.030.
Guardianship—Claims: RCW 11.92.035.
Incompetent, deceased, claims against estate of: RCW 11.88.150.
Judgment against executor or administrator, effect: RCW 4.56.050.
Liability of personal representative: RCW 11.76.160.
Limitation of actions: Chapter 4.16 RCW.
Order maturing claim not due: RCW 11.76.180.
Order of payment of debts: RCW 11.76.110.
Payment of claims where estate insufficient: RCW 11.76.150.
Quasi-community property—Lifetime transfers—Claims by surviving spouse
or surviving domestic partner: RCW 26.16.240.
Sale, etc., of property—Priority as to realty or personalty: Chapter 11.10
RCW.
to the state of Washington department of social and health
services office of financial recovery.
The personal representative shall file with the court
proof by affidavit of the giving and publication of the notice.
(2) If the decedent was a resident of the state of Washington at the time of death and probate proceedings are commenced in a county other than the county of the decedent’s
residence, then instead of the requirements under subsection
(1)(a) and (b) of this section, the personal representative shall
cause the notice to creditors in substantially the form set forth
in RCW 11.40.030 to be published once each week for three
successive weeks in a legal newspaper in the county of the
decedent’s residence and shall file the notice with the superior court of the county in which the probate proceedings
were commenced. [2005 c 97 § 4; 1999 c 42 § 601; 1997 c
252 § 8; 1974 ex.s. c 117 § 34; 1965 c 145 § 11.40.020. Prior:
1917 c 156 § 108; RRS § 1478; prior: 1883 p 29 § 1; Code
1881 § 1468.]
Additional notes found at www.leg.wa.gov
Survival of actions: Chapter 4.20 RCW.
Tax constitutes debt—Priority of lien: RCW 82.32.240.
11.40.010 Claims—Presentation—Other notice not
affected. A person having a claim against the decedent may
not maintain an action on the claim unless a personal representative has been appointed and the claimant has presented
the claim as set forth in this chapter. However, this chapter
does not affect the notice under RCW 82.32.240 or the ability
to maintain an action against a notice agent under chapter
11.42 RCW. [1997 c 252 § 7; 1995 1st sp.s. c 18 § 58; 1994
c 221 § 25; 1991 c 5 § 1; 1989 c 333 § 1; 1974 ex.s. c 117 §
33; 1967 c 168 § 7; 1965 c 145 § 11.40.010. Prior: 1923 c
142 § 3; 1917 c 156 § 107; RRS § 1477; prior: Code 1881 §
1465; 1860 p 195 § 157; 1854 p 280 § 78.]
11.40.010
Publication of legal notices: Chapter 65.16 RCW.
Additional notes found at www.leg.wa.gov
11.40.020 Notice to creditors—Manner—Filings—
Publication. (1) Subject to subsection (2) of this section, a
personal representative may give notice to the creditors of the
decedent, in substantially the form set forth in RCW
11.40.030, announcing the personal representative’s appointment and requiring that persons having claims against the
decedent present their claims within the time specified in
RCW 11.40.051 or be forever barred as to claims against the
decedent’s probate and nonprobate assets. If notice is given:
(a) The personal representative shall file the notice with
the court;
(b) The personal representative shall cause the notice to
be published once each week for three successive weeks in a
legal newspaper in the county in which the estate is being
administered;
(c) The personal representative may, at any time during
the probate proceeding, give actual notice to creditors who
become known to the personal representative by serving the
notice on the creditor or mailing the notice to the creditor at
the creditor’s last known address, by regular first-class mail,
postage prepaid; and
(d) The personal representative shall also mail a copy of
the notice, including the decedent’s social security number,
11.40.020
[Title 11 RCW—page 34]
11.40.030 Notice to creditors—Form. Notice under
RCW 11.40.020 must contain the following elements in substantially the following form:
11.40.030
CAPTION
OF CASE
..........
)
)
)
)
No.
PROBATE NOTICE TO
CREDITORS
RCW 11.40.030
The personal representative named below has been
appointed as personal representative of this estate. Any person having a claim against the decedent must, before the time
the claim would be barred by any otherwise applicable statute
of limitations, present the claim in the manner as provided in
RCW 11.40.070 by serving on or mailing to the personal representative or the personal representative’s attorney at the
address stated below a copy of the claim and filing the original of the claim with the court in which the probate proceedings were commenced. The claim must be presented within
the later of: (1) Thirty days after the personal representative
served or mailed the notice to the creditor as provided under
RCW 11.40.020(1)(c); or (2) four months after the date of
first publication of the notice. If the claim is not presented
within this time frame, the claim is forever barred, except as
otherwise provided in RCW 11.40.051 and 11.40.060. This
bar is effective as to claims against both the decedent’s probate and nonprobate assets.
Date of First
Publication:
Personal Representative:
Attorney for the Personal Representative:
Address for Mailing or Service:
Court of probate proceedings and cause number:
[2005 c 97 § 5; 1997 c 252 § 9; 1989 c 333 § 7; 1977 ex.s. c
234 § 8; 1974 ex.s. c 117 § 35; 1965 c 145 § 11.40.030. Prior:
1963 c 43 § 1; 1917 c 156 § 109; RRS § 1479; prior: Code
1881 § 1469; 1873 p 285 § 156; 1854 p 281 § 82.]
Rules of court: SPR 98.08W, 98.10W, 98.12W.
(2010 Ed.)
Claims Against Estate
Additional notes found at www.leg.wa.gov
11.40.040 "Reasonably ascertainable" creditor—
Definition—Reasonable diligence—Presumptions—Petition for order. (1) For purposes of RCW 11.40.051, a "reasonably ascertainable" creditor of the decedent is one that the
personal representative would discover upon exercise of reasonable diligence. The personal representative is deemed to
have exercised reasonable diligence upon conducting a reasonable review of the decedent’s correspondence, including
correspondence received after the date of death, and financial
records, including personal financial statements, loan documents, checkbooks, bank statements, and income tax returns,
that are in the possession of or reasonably available to the
personal representative.
(2) If the personal representative conducts the review,
the personal representative is presumed to have exercised
reasonable diligence to ascertain creditors of the decedent
and any creditor not ascertained in the review is presumed not
reasonably ascertainable within the meaning of RCW
11.40.051. These presumptions may be rebutted only by
clear, cogent, and convincing evidence.
(3) The personal representative may evidence the review
and resulting presumption by filing with the court an affidavit
regarding the facts referred to in this section. The personal
representative may petition the court for an order declaring
that the personal representative has made a review and that
any creditors not known to the personal representative are not
reasonably ascertainable. The petition must be filed under
RCW 11.96A.080 and the notice specified under RCW
11.96A.110 must also be given by publication. [1999 c 42 §
607; 1997 c 252 § 10; 1994 c 221 § 28; 1974 ex.s. c 117 § 36;
1965 c 145 § 11.40.040. Prior: 1917 c 156 § 110; RRS §
1480; prior: Code 1881 § 1470; 1854 p 281 § 83.]
11.40.040
Order of payment of debts: RCW 11.76.110.
Additional notes found at www.leg.wa.gov
11.40.051 Claims against decedent—Time limits. (1)
Whether or not notice is provided under RCW 11.40.020, a
person having a claim against the decedent is forever barred
from making a claim or commencing an action against the
decedent, if the claim or action is not already barred by an
otherwise applicable statute of limitations, unless the creditor
presents the claim in the manner provided in RCW 11.40.070
within the following time limitations:
(a) If the personal representative provided notice under
RCW 11.40.020 and the creditor was given actual notice as
provided in RCW 11.40.020(1)(c), the creditor must present
the claim within the later of: (i) Thirty days after the personal
representative’s service or mailing of notice to the creditor;
and (ii) four months after the date of first publication of the
notice;
(b) If the personal representative provided notice under
RCW 11.40.020 and the creditor was not given actual notice
as provided in RCW 11.40.020(1)(c):
(i) If the creditor was not reasonably ascertainable, as
defined in RCW 11.40.040, the creditor must present the
claim within four months after the date of first publication of
notice;
(ii) If the creditor was reasonably ascertainable, as
defined in RCW 11.40.040, the creditor must present the
11.40.051
(2010 Ed.)
11.40.070
claim within twenty-four months after the decedent’s date of
death; and
(c) If notice was not provided under this chapter or chapter 11.42 RCW, the creditor must present the claim within
twenty-four months after the decedent’s date of death.
(2) An otherwise applicable statute of limitations applies
without regard to the tolling provisions of RCW 4.16.190.
(3) This bar is effective as to claims against both the
decedent’s probate and nonprobate assets. [2005 c 97 § 6;
1997 c 252 § 11.]
Additional notes found at www.leg.wa.gov
11.40.060 Claims involving liability or casualty
insurance—Limitations—Exceptions to time limits. The
time limitations for presenting claims under this chapter do
not accrue to the benefit of any liability or casualty insurer.
Claims against the decedent or the decedent’s marital community that can be fully satisfied by applicable insurance
coverage or proceeds need not be presented within the time
limitation of RCW 11.40.051, but the amount of recovery
cannot exceed the amount of the insurance. The claims may
at any time be presented as provided in RCW 11.40.070, subject to the otherwise relevant statutes of limitations, and do
not constitute a cloud, lien, or encumbrance upon the title to
the decedent’s probate or nonprobate assets nor delay or prevent the conclusion of probate proceedings or the transfer or
distribution of assets of the estate. This section does not serve
to extend any otherwise relevant statutes of limitations.
[1997 c 252 § 12; 1974 ex.s. c 117 § 37; 1965 c 145 §
11.40.060. Prior: 1917 c 156 § 112; RRS § 1482; prior:
Code 1881 § 1472; 1873 p 285 § 159; 1869 p 166 § 665; 1854
p 281 § 84.]
11.40.060
Additional notes found at www.leg.wa.gov
11.40.070 Claims—Form—Manner of presentation—Waiver of defects. (1) The claimant, the claimant’s
attorney, or the claimant’s agent shall sign the claim and
include in the claim the following information:
(a) The name and address of the claimant;
(b) The name, address, if different from that of the claimant, and nature of authority of an agent signing the claim on
behalf of the claimant;
(c) A statement of the facts or circumstances constituting
the basis of the claim;
(d) The amount of the claim; and
(e) If the claim is secured, unliquidated, contingent, or
not yet due, the nature of the security, the nature of the uncertainty, or the date when it will become due.
Failure to describe correctly the information in (c), (d),
or (e) of this subsection, if the failure is not substantially misleading, does not invalidate the claim.
(2) A claim does not need to be supported by affidavit.
(3) A claim must be presented within the time limits set
forth in RCW 11.40.051 by: (a) Serving on or mailing to, by
regular first-class mail, the personal representative or the personal representative’s attorney a copy of the signed claim;
and (b) filing the original of the signed claim with the court in
which probate proceedings were commenced. A claim is
deemed presented upon the later of the date of postmark or
11.40.070
[Title 11 RCW—page 35]
11.40.080
Title 11 RCW: Probate and Trust Law
service on the personal representative, or the personal representative’s attorney, and filing with the court.
(4) Notwithstanding any other provision of this chapter,
if a claimant makes a written demand for payment within the
time limits set forth in RCW 11.40.051, the personal representative may waive formal defects and elect to treat the
demand as a claim properly filed under this chapter if: (a)
The claim was due; (b) the amount paid is the amount of
indebtedness over and above all payments and offsets; (c) the
estate is solvent; and (d) the payment is made in good faith.
Nothing in this chapter limits application of the doctrines of
waiver, estoppel, or detrimental claims or any other equitable
principle. [2005 c 97 § 7; 1997 c 252 § 13; 1965 c 145 §
11.40.070. Prior: 1917 c 156 § 113; RRS § 1483; prior:
Code 1881 § 1473; 1854 p 281 § 85.]
Additional notes found at www.leg.wa.gov
11.40.080
11.40.080 Claims—Duty to allow or reject—Notice
of petition to allow—Attorneys’ fees. (1) The personal representative shall allow or reject all claims presented in the
manner provided in RCW 11.40.070. The personal representative may allow or reject a claim in whole or in part.
(2) If the personal representative has not allowed or
rejected a claim within the later of four months from the date
of first publication of the notice to creditors or thirty days
from presentation of the claim, the claimant may serve written notice on the personal representative that the claimant
will petition the court to have the claim allowed. If the personal representative fails to notify the claimant of the allowance or rejection of the claim within twenty days after the
personal representative’s receipt of the claimant’s notice, the
claimant may petition the court for a hearing to determine
whether the claim should be allowed or rejected, in whole or
in part. If the court substantially allows the claim, the court
may allow the petitioner reasonable attorneys’ fees chargeable against the estate. [1997 c 252 § 14; 1994 c 221 § 29;
1988 c 64 § 22; 1965 c 145 § 11.40.080. Prior: 1917 c 156 §
114; RRS § 1484; prior: Code 1881 § 1474; 1854 p 281 §
86.]
Additional notes found at www.leg.wa.gov
11.40.090
11.40.090 Allowance of claims—Notice—Automatic
allowance—Petition for extension—Ranking of claims—
Barred claims. (1) If the personal representative allows a
claim, the personal representative shall notify the claimant of
the allowance by personal service or regular first-class mail
to the address stated on the claim.
(2) A claim that on its face does not exceed one thousand
dollars presented in the manner provided in RCW 11.40.070
must be deemed allowed and may not thereafter be rejected
unless the personal representative has notified the claimant of
rejection of the claim within the later of six months from the
date of first publication of the notice to creditors and two
months from the personal representative’s receipt of the
claim. The personal representative may petition for an order
extending the period for automatic allowance of the claims.
(3) Allowed claims must be ranked among the acknowledged debts of the estate to be paid expeditiously in the
course of administration.
[Title 11 RCW—page 36]
(4) A claim may not be allowed if it is barred by a statute
of limitations. [1997 c 252 § 15; 1965 c 145 § 11.40.090.
Prior: 1917 c 156 § 115; RRS § 1485; prior: Code 1881 §
1475; 1854 p 281 § 87.]
Additional notes found at www.leg.wa.gov
11.40.100 Rejection of claim—Time limits—
Notice—Compromise of claim. (1) If the personal representative rejects a claim, in whole or in part, the claimant
must bring suit against the personal representative within
thirty days after notification of rejection or the claim is forever barred. The personal representative shall notify the
claimant of the rejection and file an affidavit with the court
showing the notification and the date of the notification. The
personal representative shall notify the claimant of the rejection by personal service or certified mail addressed to the
claimant or the claimant’s agent, if applicable, at the address
stated in the claim. The date of service or of the postmark is
the date of notification. The notification must advise the
claimant that the claimant must bring suit in the proper court
against the personal representative within thirty days after
notification of rejection or the claim will be forever barred.
(2) The personal representative may, before or after
rejection of any claim, compromise the claim, whether due or
not, absolute or contingent, liquidated, or unliquidated, if it
appears to the personal representative that the compromise is
in the best interests of the estate. [1997 c 252 § 16; 1974 ex.s.
c 117 § 47; 1965 c 145 § 11.40.100. Prior: 1917 c 156 § 116;
RRS § 1486; prior: Code 1881 § 1476; 1854 p 281 § 88.]
11.40.100
Additional notes found at www.leg.wa.gov
11.40.110 Action pending at decedent’s death—Personal representative as defendant. If an action is pending
against the decedent at the time of the decedent’s death, the
plaintiff shall, within four months after appointment of the
personal representative, serve on the personal representative
a petition to have the personal representative substituted as
defendant in the action. Upon hearing on the petition, the personal representative shall be substituted, unless, at or before
the hearing, the claim of the plaintiff, together with costs, is
allowed. [1997 c 252 § 17; 1974 ex.s. c 117 § 38; 1965 c 145
§ 11.40.110. Prior: 1917 c 156 § 117; RRS § 1487; prior:
Code 1881 § 1477; 1854 p 282 § 89.]
11.40.110
Rules of court: SPR 98.08W.
Additional notes found at www.leg.wa.gov
11.40.120 Effect of judgment against personal representative. The effect of any judgment rendered against a personal representative shall be only to establish the amount of
the judgment as an allowed claim. [1997 c 252 § 18; 1965 c
145 § 11.40.120. Prior: 1917 c 156 § 118; RRS § 1488; prior:
Code 1881 § 1478; 1854 p 282 § 90.]
11.40.120
Additional notes found at www.leg.wa.gov
11.40.130 Judgment against decedent—Execution
barred upon decedent’s death—Presentation—Sale of
property. If a judgment was entered against the decedent
during the decedent’s lifetime, an execution may not issue on
the judgment after the death of the decedent. The judgment
must be presented in the manner provided in RCW
11.40.130
(2010 Ed.)
Settlement of Creditor Claims for Estates Passing Without Probate
11.40.070, but if the judgment is a lien on any property of the
decedent, the property may be sold for the satisfaction of the
judgment and the officer making the sale shall account to the
personal representative for any surplus. [1997 c 252 § 19;
1965 c 145 § 11.40.130. Prior: 1917 c 156 § 119; RRS §
1489; prior: Code 1881 § 1479; 1854 p 292 § 91.]
Additional notes found at www.leg.wa.gov
11.40.135 Secured claim—Creditor’s right. If a creditor’s claim is secured by any property of the decedent, this
chapter does not affect the right of a creditor to realize on the
creditor’s security, whether or not the creditor presented the
claim in the manner provided in RCW 11.40.070. [1997 c
252 § 20.]
11.40.135
Additional notes found at www.leg.wa.gov
11.40.140 Claim of personal representative—Presentation and petition—Filing. If the personal representative
has a claim against the decedent, the personal representative
must present the claim in the manner provided in RCW
11.40.070 and petition the court for allowance or rejection.
The petition must be filed under RCW 11.96A.080. This section applies whether or not the personal representative is acting under nonintervention powers. [1999 c 42 § 608; 1997 c
252 § 21; 1965 c 145 § 11.40.140. Prior: 1917 c 156 § 120;
RRS § 1490; prior: Code 1881 § 1482; 1854 p 283 § 94.]
11.40.140
Request for special notice of proceedings in probate—Prohibitions: RCW
11.28.240.
Additional notes found at www.leg.wa.gov
11.40.150 Notice to creditors when personal representative resigns, dies, or is removed—Limit tolled by
vacancy. (1) If a personal representative has given notice
under RCW 11.40.020 and then resigns, dies, or is removed,
the successor personal representative shall:
(a) Publish notice of the vacancy and succession for two
successive weeks in the legal newspaper in which notice was
published under RCW 11.40.020 if the vacancy occurred
within twenty-four months after the decedent’s date of death;
and
(b) Provide actual notice of the vacancy and succession
to a creditor if: (i) The creditor filed a claim and the claim
had not been accepted or rejected by the prior personal representative; or (ii) the creditor’s claim was rejected and the
vacancy occurred within thirty days after rejection of the
claim.
(2) The time between the resignation, death, or removal
and first publication of the vacancy and succession or, in the
case of actual notice, the mailing of the notice of vacancy and
succession must be added to the time within which a claim
must be presented or a suit on a rejected claim must be filed.
This section does not extend the twenty-four month self-executing bar under RCW 11.40.051. [1997 c 252 § 22; 1965 c
145 § 11.40.150. Prior: 1939 c 26 § 1; 1917 c 156 § 121;
RRS § 1491; prior: 1891 c 155 § 28; Code 1881 § 1485; 1873
p 288 § 172; 1867 p 106 § 3.]
11.40.150
Additional notes found at www.leg.wa.gov
11.40.160 Personal representative as successor to
notice agent—Notice not affected—Presumptions—
11.40.160
(2010 Ed.)
11.42.010
Duties. If a notice agent had commenced nonprobate notice
to creditors under chapter 11.42 RCW, the appointment of
the personal representative does not affect the filing and publication of notice to creditors and does not affect actual notice
to creditors given by the notice agent. The personal representative is presumed to have adopted or ratified all acts of the
notice agent unless, within thirty days of appointment, the
personal representative provides notice of rejection or nullification to the affected claimant or claimants by personal service or certified mail addressed to the claimant or claimant’s
agent, if applicable, at the address stated on the claim. The
personal representative shall also provide notice under RCW
11.42.150. [1997 c 252 § 23.]
Additional notes found at www.leg.wa.gov
11.40.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 31.]
11.40.900
Chapter 11.42 RCW
SETTLEMENT OF CREDITOR CLAIMS FOR
ESTATES PASSING WITHOUT PROBATE
Chapter 11.42
Sections
11.42.010
11.42.020
11.42.030
11.42.040
11.42.050
11.42.060
11.42.070
11.42.080
11.42.085
11.42.090
11.42.100
11.42.110
11.42.120
11.42.125
11.42.130
11.42.140
11.42.150
11.42.900
Notice agent—Qualifications.
Notice to creditors—Manner—Filings—Publication.
Notice to creditors—Form.
"Reasonably ascertainable" creditor—Definition—Reasonable diligence—Presumptions—Petition for order.
Claims against decedent—Time limits.
Claims involving liability or casualty insurance—Limitations—Exceptions to time limits.
Claims—Form—Manner of presentation—Waiver of defects.
Claims—Duty to allow or reject—Notice of petition to
allow—Attorneys’ fees.
Property liable for claims—Payment limits.
Allowance of claims—Notice—Payment order.
Rejection of claim—Time limits—Notice—Time limit for
suit—Compromise of claim.
Effect of judgment against notice agent.
Execution barred upon decedent’s death—Presentation—Sale
of property.
Secured claim—Creditor’s right.
Claim of notice agent or beneficiary—Payment.
Notice to creditors when notice agent resigns, dies, or is
removed—Limit tolled by vacancy.
Appointment of personal representative—Cessation of notice
agent powers and authority—Notice not affected—Personal
representative’s powers—Petition for reimbursement for
allowance and payment of claims by notice agent.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
11.42.010 Notice agent—Qualifications. (1) Subject
to the conditions stated in this chapter, and if no personal rep11.42.010
[Title 11 RCW—page 37]
11.42.020
Title 11 RCW: Probate and Trust Law
resentative has been appointed in this state, a beneficiary or
trustee who has received or is entitled to receive by reason of
the decedent’s death substantially all of the decedent’s probate and nonprobate assets, is qualified to give nonprobate
notice to creditors under this chapter.
If no one beneficiary or trustee has received or is entitled
to receive substantially all of the assets, then those persons,
who in the aggregate have received or are entitled to receive
substantially all of the assets, may, under an agreement under
RCW 11.96A.220, appoint a person who is then qualified to
give nonprobate notice to creditors under this chapter.
(2) A person or group of persons is deemed to have
received substantially all of the decedent’s probate and nonprobate assets if the person or the group, at the time of the filing of the declaration and oath referred to in subsection (3) of
this section, in reasonable good faith believed that the person
or the group had received, or was entitled to receive by reason
of the decedent’s death, substantially all of the decedent’s
probate and nonprobate assets.
(3)(a) The "notice agent" means the qualified person
who:
(i) Pays a filing fee to the clerk of the superior court in a
county in which probate may be commenced regarding the
decedent, the "notice county", and receives a cause number;
and
(ii) Files a declaration and oath with the clerk.
(b) The declaration and oath must be made in affidavit
form or under penalty of perjury and must state that the person making the declaration believes in reasonable good faith
that the person is qualified under this chapter to act as the
notice agent and that the person will faithfully execute the
duties of the notice agent as provided in this chapter.
(4) The following persons are not qualified to act as
notice agent:
(a) Corporations, trust companies, and national banks,
except: (i) Such entities as are authorized to do trust business
in this state; and (ii) professional service corporations that are
regularly organized under the laws of this state whose shareholder or shareholders are exclusively attorneys;
(b) Minors;
(c) Persons of unsound mind;
(d) Persons who have been convicted of a felony or of a
misdemeanor involving moral turpitude; and
(e) Persons who have given notice under this chapter and
who thereafter become of unsound mind or are convicted of a
felony or misdemeanor involving moral turpitude. This disqualification does not bar another person, otherwise qualified, from acting as successor notice agent.
(5) A nonresident may act as notice agent if the nonresident appoints an agent who is a resident of the notice county
or who is attorney of record for the notice agent upon whom
service of all papers may be made. The appointment must be
made in writing and filed with the court. [1999 c 42 § 609;
1997 c 252 § 24; 1994 c 221 § 31.]
(a) As of the date of the filing of the notice to creditors
with the court, the notice agent has no knowledge of another
person acting as notice agent or of the appointment of a personal representative in the decedent’s estate in the state of
Washington; and
(b) According to the records of the court as are available
on the date of the filing of the notice to creditors, no cause
number regarding the decedent has been issued to any other
notice agent and no personal representative of the decedent’s
estate had been appointed.
(2) The notice agent must give notice to the creditors of
the decedent, in substantially the form set forth in RCW
11.42.030, announcing that the notice agent has elected to
give nonprobate notice to creditors and requiring that persons
having claims against the decedent present their claims
within the time specified in RCW 11.42.050 or be forever
barred as to claims against the decedent’s probate and nonprobate assets.
(a) The notice agent shall file the notice with the court.
(b) The notice agent shall cause the notice to be published once each week for three successive weeks in a legal
newspaper in the notice county.
(c) The notice agent may at any time give actual notice to
creditors who become known to the notice agent by serving
the notice on the creditor or mailing the notice to the creditor
at the creditor’s last known address, by regular first-class
mail, postage prepaid.
(d) The notice agent shall also mail a copy of the notice,
including the decedent’s social security number, to the state
of Washington department of social and health services’
office of financial recovery.
(e) If the decedent was a resident of the state of Washington at the time of death and the notice agent’s declaration and
oath were filed in a county other than the county of the decedent’s residence, then instead of the requirements in (a) and
(b) of this subsection, the notice agent shall cause the notice
to creditors in substantially the form set forth in RCW
11.42.030 to be published once each week for three successive weeks in a legal newspaper in the county of the decedent’s residence and shall file the notice with the superior
court of the county in which the notice agent’s declaration
and oath were filed.
The notice agent shall file with the court proof by affidavit of the giving and publication of the notice. [2005 c 97 §
8; 1997 c 252 § 25; 1995 1st sp.s. c 18 § 59; 1994 c 221 § 32.]
Additional notes found at www.leg.wa.gov
11.42.030 Notice to creditors—Form. Notice under
RCW 11.42.020 must contain the following elements in substantially the following form:
11.42.030
CAPTION
OF CASE
Additional notes found at www.leg.wa.gov
11.42.020 Notice to creditors—Manner—Filings—
Publication. (1) Subject to subsection (2) of this section, a
notice agent may give nonprobate notice to the creditors of
the decedent if:
11.42.020
[Title 11 RCW—page 38]
..........
)
)
)
)
)
)
No.
NONPROBATE
NOTICE TO CREDITORS
RCW 11.42.030
The notice agent named below has elected to give notice
to creditors of the above-named decedent. As of the date of
(2010 Ed.)
Settlement of Creditor Claims for Estates Passing Without Probate
the filing of a copy of this notice with the court, the notice
agent has no knowledge of any other person acting as notice
agent or of the appointment of a personal representative of
the decedent’s estate in the state of Washington. According
to the records of the court as are available on the date of the
filing of this notice with the court, a cause number regarding
the decedent has not been issued to any other notice agent and
a personal representative of the decedent’s estate has not been
appointed.
Any person having a claim against the decedent must,
before the time the claim would be barred by any otherwise
applicable statute of limitations, present the claim in the manner as provided in RCW 11.42.070 by serving on or mailing
to the notice agent or the notice agent’s attorney at the
address stated below a copy of the claim and filing the original of the claim with the court in which the notice agent’s
declaration and oath were filed. The claim must be presented
within the later of: (1) Thirty days after the notice agent
served or mailed the notice to the creditor as provided under
RCW 11.42.020(2)(c); or (2) four months after the date of
first publication of the notice. If the claim is not presented
within this time frame, the claim is forever barred, except as
otherwise provided in RCW 11.42.050 and 11.42.060. This
bar is effective as to claims against both the decedent’s probate and nonprobate assets.
Date of First
Publication:
The notice agent declares under penalty of perjury under
the laws of the state of Washington on
, [year] , at
[city] ,
[state]
that the foregoing is true and correct.
.....................
Signature of Notice Agent
Notice Agent:
Attorney for the Notice Agent:
Address for Mailing or Service:
Court of Notice Agent’s oath and declaration and cause
number:
[2005 c 97 § 9; 1997 c 252 § 26; 1994 c 221 § 33.]
Additional notes found at www.leg.wa.gov
11.42.040 "Reasonably ascertainable" creditor—
Definition—Reasonable diligence—Presumptions—Petition for order. (1) For purposes of RCW 11.42.050, a "reasonably ascertainable" creditor of the decedent is one that the
notice agent would discover upon exercise of reasonable diligence. The notice agent is deemed to have exercised reasonable diligence upon conducting a reasonable review of the
decedent’s correspondence, including correspondence
received after the date of death, and financial records, including personal financial statements, loan documents, checkbooks, bank statements, and income tax returns, that are in
the possession of or reasonably available to the notice agent.
(2) If the notice agent conducts the review, the notice
agent is presumed to have exercised reasonable diligence to
ascertain creditors of the decedent and any creditor not ascertained in the review is presumed not reasonably ascertainable
11.42.040
(2010 Ed.)
11.42.060
within the meaning of RCW 11.42.050. These presumptions
may be rebutted only by clear, cogent, and convincing evidence.
(3) The notice agent may evidence the review and resulting presumption by filing with the court an affidavit regarding the facts referred to in this section. The notice agent may
petition the court for an order declaring that the notice agent
has made a review and that any creditors not known to the
notice agent are not reasonably ascertainable. The petition
must be filed under RCW 11.96A.080, and the notice specified under RCW 11.96A.110 must also be given by publication. [1999 c 42 § 610; 1997 c 252 § 27; 1994 c 221 § 34.]
Additional notes found at www.leg.wa.gov
11.42.050 Claims against decedent—Time limits. (1)
If a notice agent provides notice under RCW 11.42.020, any
person having a claim against the decedent is forever barred
from making a claim or commencing an action against the
decedent if the claim or action is not already barred by an otherwise applicable statute of limitations, unless the creditor
presents the claim in the manner provided in RCW 11.42.070
within the following time limitations:
(a) If the notice agent provided notice under RCW
11.42.020(2) (a) and (b) and the creditor was given actual
notice as provided in RCW 11.42.020(2)(c), the creditor must
present the claim within the later of: (i) Thirty days after the
notice agent’s service or mailing of notice to the creditor; and
(ii) four months after the date of first publication of the
notice;
(b) If the notice agent provided notice under RCW
11.42.020(2) (a) and (b) and the creditor was not given actual
notice as provided in RCW 11.42.020(2)(c):
(i) If the creditor was not reasonably ascertainable, as
defined in RCW 11.42.040, the creditor must present the
claim within four months after the date of first publication of
the notice;
(ii) If the creditor was reasonably ascertainable, as
defined in RCW 11.42.040, the creditor must present the
claim within twenty-four months after the decedent’s date of
death.
(2) Any otherwise applicable statute of limitations
applies without regard to the tolling provisions of RCW
4.16.190.
(3) This bar is effective as to claims against both the
decedent’s probate and nonprobate assets. [1997 c 252 § 28;
1994 c 221 § 35.]
11.42.050
Additional notes found at www.leg.wa.gov
11.42.060 Claims involving liability or casualty
insurance—Limitations—Exceptions to time limits. The
time limitations for presenting claims under this chapter do
not accrue to the benefit of any liability or casualty insurer.
Claims against the decedent or the decedent’s marital community that can be fully satisfied by applicable insurance
coverage or proceeds need not be presented within the time
limitation of RCW 11.42.050, but the amount of recovery
cannot exceed the amount of the insurance. If a notice agent
provides notice under RCW 11.42.020, the claims may at any
time be presented as provided in RCW 11.42.070, subject to
the otherwise relevant statutes of limitations, and does not
11.42.060
[Title 11 RCW—page 39]
11.42.070
Title 11 RCW: Probate and Trust Law
constitute a cloud, lien, or encumbrance upon the title to the
decedent’s probate or nonprobate assets nor delay or prevent
the transfer or distribution of the decedent’s assets. This section does not serve to extend any otherwise relevant statutes
of limitations. [1997 c 252 § 29; 1994 c 221 § 36.]
Additional notes found at www.leg.wa.gov
whether the claim should be allowed or rejected, in whole or
in part. If the court substantially allows the claim, the court
may allow the petitioner reasonable attorneys’ fees chargeable against the decedent’s assets received by the notice agent
or by those appointing the notice agent. [1997 c 252 § 31;
1994 c 221 § 38.]
Additional notes found at www.leg.wa.gov
11.42.070 Claims—Form—Manner of presentation—Waiver of defects. (1) The claimant, the claimant’s
attorney, or the claimant’s agent shall sign the claim and
include in the claim the following information:
(a) The name and address of the claimant;
(b) The name, address, if different from that of the claimant, and nature of authority of an agent signing the claim on
behalf of the claimant;
(c) A statement of the facts or circumstances constituting
the basis of the claim;
(d) The amount of the claim; and
(e) If the claim is secured, unliquidated, contingent, or
not yet due, the nature of the security, the nature of the uncertainty, or the date when it will become due.
Failure to describe correctly the information in (c), (d),
or (e) of this subsection, if the failure is not substantially misleading, does not invalidate the claim.
(2) A claim does not need to be supported by affidavit.
(3) A claim must be presented within the time limits set
forth in RCW 11.42.050 by: (a) Serving on or mailing to, by
regular first-class mail, the notice agent or the notice agent’s
attorney a copy of the signed claim; and (b) filing the original
of the signed claim with the court in which the notice agent’s
declaration and oath were filed. A claim is deemed presented
upon the later of the date of postmark or service on the notice
agent, or the notice agent’s attorney, and filing with the court.
(4) Notwithstanding any other provision of this chapter,
if a claimant makes a written demand for payment within the
time limits set forth in RCW 11.42.050, the notice agent may
waive formal defects and elect to treat the demand as a claim
properly filed under this chapter if: (a) The claim was due;
(b) the amount paid was the amount of indebtedness over and
above all payments and offsets; (c) the estate is solvent; and
(d) the payment is made in good faith. Nothing in this chapter limits application of the doctrines of waiver, estoppel, or
detrimental claims or any other equitable principle. [2005 c
97 § 10; 1997 c 252 § 30; 1994 c 221 § 37.]
11.42.070
Additional notes found at www.leg.wa.gov
11.42.080 Claims—Duty to allow or reject—Notice
of petition to allow—Attorneys’ fees. (1) The notice agent
shall allow or reject all claims presented in the manner provided in RCW 11.42.070. The notice agent may allow or
reject a claim, in whole or in part.
(2) If the notice agent has not allowed or rejected a claim
within the later of four months from the date of first publication of the notice to creditors and thirty days from presentation of the claim, the claimant may serve written notice on the
notice agent that the claimant will petition the court to have
the claim allowed. If the notice agent fails to notify the claimant of the allowance or rejection of the claim within twenty
days after the notice agent’s receipt of the claimant’s notice,
the claimant may petition the court for a hearing to determine
11.42.080
[Title 11 RCW—page 40]
11.42.085 Property liable for claims—Payment limits. (1) The decedent’s nonprobate and probate assets that
were subject to the satisfaction of the decedent’s general liabilities immediately before the decedent’s death are liable for
claims. The decedent’s probate assets may be liable, whether
or not there is a probate administration of the decedent’s
estate.
(2) The notice agent may pay a claim allowed by the
notice agent or a judgment on a claim first prosecuted against
a notice agent only out of assets received as a result of the
death of the decedent by the notice agent or by those appointing the notice agent, except as may be provided by agreement
under RCW 11.96A.220 or by court order issued in a judicial
proceeding under RCW 11.96A.080. [1999 c 42 § 611; 1997
c 252 § 32.]
11.42.085
Additional notes found at www.leg.wa.gov
11.42.090 Allowance of claims—Notice—Payment
order. (1) If the notice agent allows a claim, the notice agent
shall notify the claimant of the allowance by personal service
or regular first-class mail to the address stated on the claim. A
claim may not be allowed if it is barred by a statute of limitations.
(2) The notice agent shall pay claims allowed in the following order from the assets of the decedent that are subject
to the payment of claims as provided in RCW 11.42.085:
(a) Costs of administering the assets subject to the payment of claims, including a reasonable fee to the notice agent,
any resident agent for the notice agent, reasonable attorneys’
fees for the attorney for each of them, filing fees, publication
costs, mailing costs, and similar costs and fees;
(b) Funeral expenses in a reasonable amount;
(c) Expenses of the last sickness in a reasonable amount;
(d) Wages due for labor performed within sixty days
immediately preceding the death of the decedent;
(e) Debts having preference by the laws of the United
States;
(f) Taxes, debts, or dues owing to the state;
(g) Judgments rendered against the decedent in the decedent’s lifetime that are liens upon real estate on which executions might have been issued at the time of the death of the
decedent and debts secured by mortgages in the order of their
priority; and
(h) All other demands against the assets subject to the
payment of claims.
(3) The notice agent may not pay a claim of the notice
agent or other person who has received property by reason of
the decedent’s death unless all other claims that have been
filed under this chapter, and all debts having priority to the
claim, are paid in full or otherwise settled by agreement,
regardless of whether the other claims are allowed or
rejected. [1997 c 252 § 33; 1994 c 221 § 39.]
11.42.090
(2010 Ed.)
Settlement of Creditor Claims for Estates Passing Without Probate
Additional notes found at www.leg.wa.gov
11.42.100 Rejection of claim—Time limits—
Notice—Time limit for suit—Compromise of claim. (1) If
the notice agent rejects a claim, in whole or in part, the claimant must bring suit against the notice agent within thirty days
after notification of rejection or the claim is forever barred.
The notice agent shall notify the claimant of the rejection and
file an affidavit with the court showing the notification and
the date of the notification. The notice agent shall notify the
claimant of the rejection by personal service or certified mail
addressed to the claimant or claimant’s agent, if applicable, at
the address stated in the claim. The date of service or of the
postmark is the date of notification. The notification must
advise the claimant that the claimant must bring suit in the
proper court against the notice agent within thirty days after
notification of rejection or the claim will be forever barred.
(2) If a claimant brings suit against the notice agent on a
rejected claim and the notice agent has not received substantially all assets of the decedent that are liable for claims, the
notice agent may only make an appearance in the action and
may not answer the action but must cause a petition to be
filed for the appointment of a personal representative within
thirty days after service of the creditor’s action on the notice
agent. Under these circumstances, a judgment may not be
entered in an action brought by a creditor against the notice
agent earlier than twenty days after the personal representative has been substituted in that action for the notice agent.
(3) The notice agent may, before or after rejection of any
claim, compromise the claim, whether due or not, absolute or
contingent, liquidated, or unliquidated. [1997 c 252 § 34;
1994 c 221 § 40.]
11.42.100
Additional notes found at www.leg.wa.gov
11.42.110 Effect of judgment against notice agent.
The effect of a judgment rendered against the notice agent
shall be only to establish the amount of the judgment as an
allowed claim. [1997 c 252 § 35; 1994 c 221 § 41.]
11.42.110
Additional notes found at www.leg.wa.gov
11.42.120 Execution barred upon decedent’s death—
Presentation—Sale of property. If a judgment was entered
against the decedent during the decedent’s lifetime, an execution may not issue on the judgment after the death of the
decedent. If a notice agent is acting, the judgment must be
presented in the manner provided in RCW 11.42.070, but if
the judgment is a lien on any property of the decedent, the
property may be sold for the satisfaction of the judgment and
the officer making the sale shall account to the notice agent
for any surplus. [1997 c 252 § 36; 1994 c 221 § 42.]
11.42.120
Additional notes found at www.leg.wa.gov
11.42.125 Secured claim—Creditor’s right. If a creditor’s claim is secured by any property of the decedent, this
chapter does not affect the right of the creditor to realize on
the creditor’s security, whether or not the creditor presented
the claim in the manner provided in RCW 11.42.070. [1997
c 252 § 37.]
11.42.125
Additional notes found at www.leg.wa.gov
(2010 Ed.)
11.42.900
11.42.130 Claim of notice agent or beneficiary—Payment. A claim of the notice agent or other person who has
received property by reason of the decedent’s death must be
paid as set forth in RCW 11.42.090(3). [1997 c 252 § 38;
1994 c 221 § 43.]
11.42.130
Additional notes found at www.leg.wa.gov
11.42.140 Notice to creditors when notice agent
resigns, dies, or is removed—Limit tolled by vacancy. (1)
If a notice agent has given notice under RCW 11.42.020 and
the notice agent resigns, dies, or is removed or a personal representative is appointed, the successor notice agent or the personal representative shall:
(a) Publish notice of the vacancy and succession for two
successive weeks in the legal newspaper in which notice was
published under RCW 11.42.020, if the vacancy occurred
within twenty-four months after the decedent’s date of death;
and
(b) Provide actual notice of the vacancy and succession
to a creditor if: (i) The creditor filed a claim and the claim
had not been allowed or rejected by the prior notice agent; or
(ii) the creditor’s claim was rejected and the vacancy
occurred within thirty days after rejection of the claim.
(2) The time between the resignation, death, or removal
of the notice agent or appointment of a personal representative and the first publication of the vacancy and succession
or, in the case of actual notice, the mailing of the notice of
vacancy and succession must be added to the time within
which a claim must be presented or a suit on a rejected claim
must be filed. This section does not extend the twenty-fourmonth self-executing bar under RCW 11.42.050. [1997 c
252 § 39; 1994 c 221 § 45.]
11.42.140
Additional notes found at www.leg.wa.gov
11.42.150 Appointment of personal representative—
Cessation of notice agent powers and authority—Notice
not affected—Personal representative’s powers—Petition
for reimbursement for allowance and payment of claims
by notice agent. (1) The powers and authority of a notice
agent immediately cease, and the office of notice agent
becomes vacant, upon appointment of a personal representative for the estate of the decedent. Except as provided in
RCW 11.42.140(2), the cessation of the powers and authority
does not affect the filing and publication of notice to creditors
and does not affect actual notice to creditors given by the
notice agent.
(2) As set forth in RCW 11.40.160, a personal representative may adopt, ratify, nullify, or reject any actions of the
notice agent.
(3) If a personal representative is appointed and the personal representative does not nullify the allowance of a claim
that the notice agent allowed and paid, the person or persons
whose assets were used to pay the claim may petition for
reimbursement from the estate to the extent the payment was
not in accordance with chapter 11.10 RCW. [1997 c 252 §
40; 1994 c 221 § 44.]
11.42.150
Additional notes found at www.leg.wa.gov
11.42.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
11.42.900
[Title 11 RCW—page 41]
Chapter 11.44
Title 11 RCW: Probate and Trust Law
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 32.]
Chapter 11.44
Chapter 11.44 RCW
INVENTORY AND APPRAISEMENT
Sections
11.44.015
11.44.025
11.44.035
11.44.050
11.44.070
11.44.085
11.44.090
Inventory and appraisement—Filing—Copy distribution.
Additional inventory and appraisement—Copy distribution.
Inventory and appraisement may be contradicted or avoided.
Inventory and appraisement—Failure to return or provide
copy—Revocation of letters.
Persons assisting in appraisement—Compensation—Refund.
Claims against personal representative included.
Discharge of debt—Specific bequest and inclusion in inventory and appraisement.
Partnerships, inventory and appraisement: RCW 11.64.002.
11.44.015 Inventory and appraisement—Filing—
Copy distribution. (1) Within three months after appointment, unless a longer time shall be granted by the court, every
personal representative shall make and verify by affidavit a
true inventory and appraisement of all of the property of the
estate passing under the will or by laws of intestacy and
which shall have come to the personal representative’s possession or knowledge, including a statement of all encumbrances, liens, or other secured charges against any item. The
personal representative shall determine the fair net value, as
of the date of the decedent’s death, of each item contained in
the inventory after deducting the encumbrances, liens, and
other secured charges on the item. Such property shall be
classified as follows:
(a) Real property, by legal description;
(b) Stocks and bonds;
(c) Mortgages, notes, and other written evidences of
debt;
(d) Bank accounts and money;
(e) Furniture and household goods;
(f) All other personal property accurately identified,
including the decedent’s proportionate share in any partnership, but no inventory of the partnership property shall be
required of the personal representative.
(2) The inventory and appraisement may, but need not
be, filed in the probate cause, but upon receipt of a written
request for a copy of the inventory and appraisement from
any heir, legatee, devisee, unpaid creditor who has filed a
claim, or beneficiary of a nonprobate asset from whom contribution is sought under RCW 11.18.200, or from the department of revenue, the personal representative shall furnish to
the person, within ten days of receipt of a request, a true and
11.44.015
[Title 11 RCW—page 42]
correct copy of the inventory and appraisement. [1997 c 252
§ 41; 1967 c 168 § 9; 1965 c 145 § 11.44.015. Formerly RCW
11.44.010, part and 11.44.020, part.]
Inventory and appraisement on death of partner—Filing: RCW 11.64.002.
Additional notes found at www.leg.wa.gov
11.44.025 Additional inventory and appraisement—
Copy distribution. Whenever any property of the estate not
mentioned in the inventory and appraisement comes to the
knowledge of a personal representative, the personal representative shall cause the property to be inventoried and
appraised and shall make and verify by affidavit a true inventory and appraisement of the property within thirty days after
the discovery thereof, unless a longer time shall be granted by
the court, and shall provide a copy of the inventory and
appraisement to every person who has properly requested a
copy of the inventory and appraisement under RCW
11.44.015(2). [1997 c 252 § 42; 1974 ex.s. c 117 § 48; 1965
c 145 § 11.44.025. Prior: 1917 c 156 § 100; RCW 11.44.060;
RRS § 1470; prior: Code 1881 § 1453; 1873 p 281 § 138;
1854 p 277 § 64.]
11.44.025
Additional notes found at www.leg.wa.gov
11.44.035 Inventory and appraisement may be contradicted or avoided. In an action against the personal representative where the administration of the estate, or any part
thereof, is put in issue and the inventory and appraisement of
the estate by the personal representative is given in evidence,
the same may be contradicted or avoided by evidence. Any
party in interest in the estate may challenge the inventory and
appraisement at any stage of the probate proceedings. [1997
c 252 § 43; 1965 c 145 § 11.44.035. Prior: Code 1881 § 721;
1877 p 146 § 725; 1869 p 166 § 662; RCW 11.48.170; RRS
§ 970.]
11.44.035
Additional notes found at www.leg.wa.gov
11.44.050 Inventory and appraisement—Failure to
return or provide copy—Revocation of letters. If any personal representative shall neglect or refuse to make the inventory and appraisement within the period prescribed, or within
such further time as the court may allow, or to provide a copy
as provided under RCW 11.44.015, 11.44.025, or 11.44.035,
the court may revoke the letters testamentary or of administration; and the personal representative shall be liable on his
or her bond to any party interested for the injury sustained by
the estate through his or her neglect. [1997 c 252 § 44; 1965
c 145 § 11.44.050. Prior: 1917 c 156 § 99; RRS § 1469;
prior: Code 1881 § 1457; 1873 p 281 § 138; 1854 p 278 §
69.]
11.44.050
Additional notes found at www.leg.wa.gov
11.44.070 Persons assisting in appraisement—Compensation—Refund. The personal representative may
employ a qualified and disinterested person to assist in ascertaining the fair market value as of the date of the decedent’s
death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to
appraise different kinds of assets included in the estate. The
amount of the fee to be paid to any persons assisting the personal representative in any appraisement shall be determined
11.44.070
(2010 Ed.)
Personal Representatives—General Provisions—Actions By and Against
by the personal representative: PROVIDED HOWEVER,
That the reasonableness of any such compensation shall, at
the time of hearing on any final account as provided in chapter 11.76 RCW or on a request or petition under RCW
11.68.100 or 11.68.110, be reviewed by the court in accordance with the provisions of RCW 11.68.100, and if the court
determines the compensation to be unreasonable, a personal
representative may be ordered to make appropriate refund.
[1997 c 252 § 45; 1974 ex.s. c 117 § 50; 1967 c 168 § 10;
1965 c 145 § 11.44.070. Formerly RCW 11.44.010, part.]
Additional notes found at www.leg.wa.gov
11.48.180
11.48.190
11.48.200
11.48.210
11.48.020
Liability of executor de son tort.
Executor of executor may not sue for estate of first testator.
Arrest and attachment, when, authorized.
Compensation—Attorney’s fees.
Rules of court: Executors
compromises and settlements: SPR 98.08W, 98.10W.
fees, application for, notice: SPR 98.12W.
Costs against fiduciaries: RCW 4.84.150.
District judge without jurisdiction as to actions against personal representative: RCW 3.66.030.
Ejectment and quieting title: Chapter 7.28 RCW.
Evidence, transaction with person since deceased: RCW 5.60.030.
Execution of writ—Levy: RCW 6.17.130.
11.44.085 Claims against personal representative
included. The naming or the appointment of any person as
personal representative shall not operate as a discharge from
any just claim which the testator or intestate had against the
personal representative, but the claim shall be included in the
inventory and appraisement and the personal representative
shall be liable to the same extent as the personal representative would have been had he or she not been appointed personal representative. [1997 c 252 § 46; 1965 c 145 §
11.44.085. Prior: 1917 c 156 § 97; RCW 11.44.030; RRS §
1467; prior: Code 1881 § 1449; 1860 p 63 § 5; 1854 p 277 §
60.]
11.44.085
Additional notes found at www.leg.wa.gov
11.44.090 Discharge of debt—Specific bequest and
inclusion in inventory and appraisement. The discharge or
bequest in a will of any debt or demand of the testator against
any executor named in the testator’s will or against any person shall not be valid against the creditors of the deceased,
but shall be construed as a specific bequest of such debt or
demand, and the amount thereof shall be included in the
inventory and appraisement, and shall, if necessary, be
applied in payment of the testator’s debts; if not necessary for
that purpose, it shall be paid in the same manner and proportions as other specific legacies. [1997 c 252 § 47; 1965 c 145
§ 11.44.090. Prior: 1917 c 156 § 98; RCW 11.44.040; RRS §
1468; prior: Code 1881 § 1450; 1854 p 277 § 61.]
11.44.090
Additional notes found at www.leg.wa.gov
Chapter 11.48
Chapter 11.48 RCW
PERSONAL REPRESENTATIVES—
GENERAL PROVISIONS—
ACTIONS BY AND AGAINST
Sections
11.48.010
11.48.020
11.48.025
11.48.030
11.48.040
11.48.050
11.48.060
11.48.070
11.48.080
11.48.090
11.48.120
11.48.130
11.48.140
11.48.150
11.48.160
(2010 Ed.)
General powers and duties.
Right to possession and management of estate.
Continuation of decedent’s business.
Chargeable with whole estate.
Not chargeable on special promise to pay decedent’s debts
unless in writing.
Allowance of necessary expenses.
May recover for embezzled or alienated property of decedent.
Concealed or embezzled property—Proceedings for discovery.
Uncollectible debts—Liability—Purchase of claims by personal representative.
Actions for recovery of property and on contract.
Action on bond of previous personal representative.
Compromise of claims.
Recovery of decedent’s fraudulent conveyances.
Several personal representatives considered as one.
Default judgment not evidence of assets—Exception.
Execution on judgments in name of personal representative: RCW 6.17.030.
Executor, administrator, subject to garnishment: RCW 6.27.050.
Fiduciary may sue in own name: Rules of court: CR 17.
Frauds, statute of, agreement of personal representative to answer damages
from own estate: RCW 19.36.010.
Investment in certain federal securities authorized: Chapter 39.60 RCW.
Judgment against executor, administrator, effect: RCW 4.56.050.
Larceny: RCW 9A.56.100.
Limitation of actions
against executor, administrator for misconduct: RCW 4.16.110.
generally: Chapter 4.16 RCW.
recovery of realty sold by personal representative: RCW 4.16.070.
statutes tolled by death, personal disability, reversal of judgment: RCW
4.16.190, 4.16.200, 4.16.240.
Real estate broker’s license requirement, exemption: RCW 18.85.151.
Replacement of lost or destroyed probate records: RCW 5.48.060.
Setoff, by and against executors, administrators: RCW 4.32.130, 4.32.140,
4.56.050.
Survival of actions: Chapter 4.20 RCW.
"Taxable person," personal representative defined as: RCW 82.04.030.
Unknown heirs, pleading, lis pendens, etc: RCW 4.28.140 through 4.28.160;
Rules of court: CR 10.
Witnesses, competency in actions involving representatives or fiduciaries:
RCW 5.60.030.
11.48.010 General powers and duties. It shall be the
duty of every personal representative to settle the estate,
including the administration of any nonprobate assets within
control of the personal representative under RCW 11.18.200,
in his or her hands as rapidly and as quickly as possible, without sacrifice to the probate or nonprobate estate. The personal
representative shall collect all debts due the deceased and pay
all debts as hereinafter provided. The personal representative
shall be authorized in his or her own name to maintain and
prosecute such actions as pertain to the management and settlement of the estate, and may institute suit to collect any
debts due the estate or to recover any property, real or personal, or for trespass of any kind or character. [1994 c 221 §
30; 1965 c 145 § 11.48.010. Prior: 1917 c 156 § 147; RRS §
1517; prior: Code 1881 § 1528; 1854 p 291 § 141.]
11.48.010
Additional notes found at www.leg.wa.gov
11.48.020 Right to possession and management of
estate. Every personal representative shall, after having
qualified, by giving bond as hereinbefore provided, have a
right to the immediate possession of all the real as well as personal estate of the deceased, and may receive the rents and
profits of the real estate until the estate shall be settled or
delivered over, by order of the court, to the heirs or devisees,
11.48.020
[Title 11 RCW—page 43]
11.48.025
Title 11 RCW: Probate and Trust Law
and shall keep in tenantable repair all houses, buildings and
fixtures thereon, which are under his or her control. [2010 c
8 § 2030; 1965 c 145 § 11.48.020. Prior: 1917 c 156 § 94;
RRS § 1464; prior: Code 1881 § 1444; 1860 p 189 § 132;
1854 p 278 § 65.]
145 § 11.48.050. Prior: 1917 c 156 § 156; RRS § 1526;
prior: Code 1881 § 1541; 1854 p 295 § 164.]
When title vests: RCW 11.04.250.
Broker’s fee and closing expenses—Sale, mortgage or lease: RCW
11.56.265.
11.48.025 Continuation of decedent’s business. Upon
a showing of advantage to the estate the court may authorize
a personal representative to continue any business of the
decedent, other than the business of a partnership of which
the decedent was a member: PROVIDED, That if decedent
left a nonintervention will or a will specifically authorizing a
personal representative to continue any business of decedent,
and his or her estate is solvent, or a will providing that the
personal representative liquidate any business of decedent,
this section shall not apply.
The order shall specify:
(1) The extent of the authority of the personal representative to incur liabilities;
(2) The period of time during which he or she may operate the business;
(3) Any additional provisions or restrictions which the
court may, at its discretion, include.
Any interested person may for good cause require the
personal representative to show cause why the authority
granted him or her should not be limited or terminated. The
order to show cause shall set forth the manner of service
thereof and the time and place of hearing thereon. [2010 c 8
§ 2031; 1965 c 145 § 11.48.025. Prior: 1955 c 98 § 1.]
Compensation—Attorney’s fee: RCW 11.48.210.
11.48.025
Request for special notice of proceedings in probate—Prohibitions: RCW
11.28.240.
11.48.030 Chargeable with whole estate. Every personal representative shall be chargeable in his or her accounts
with the whole estate of the deceased which may come into
his or her possession. He or she shall not be responsible for
loss or decrease or destruction of any of the property or
effects of the estate, without his or her fault. [2010 c 8 §
2032; 1965 c 145 § 11.48.030. Prior: 1917 c 156 § 155; RRS
§ 1525; prior: Code 1881 § 1538; 1860 p 210 § 241; 1854 p
295 § 161.]
11.48.030
11.48.040 Not chargeable on special promise to pay
decedent’s debts unless in writing. No personal representative shall be chargeable upon any special promise to answer
damages, or to pay the debts of the testator or intestate out of
his or her own estate, unless the agreement for that purpose,
or some memorandum or note thereof, is in writing and
signed by such personal representative, or by some other person by him or her thereunto specially authorized. [2010 c 8 §
2033; 1965 c 145 § 11.48.040. Prior: 1917 c 156 § 154; RRS
§ 1524; prior: Code 1881 § 1537; 1854 p 295 § 160.]
11.48.040
Agreement to answer damages from own estate must be in writing: RCW
19.36.010.
Rules of court: SPR 98.12W.
Attorney’s fee to contestant of erroneous account or report: RCW
11.76.070.
Monument, expense of: RCW 11.76.130.
Order of payment of debts: RCW 11.76.110.
Will contests, costs: RCW 11.24.050.
11.48.060 May recover for embezzled or alienated
property of decedent. If any person, before the granting of
letters testamentary or of administration, shall embezzle or
alienate any of the moneys, goods, chattels, or effects of any
deceased person, he or she shall stand chargeable, and be liable to the personal representative of the estate, in the value of
the property so embezzled or alienated, together with any
damage occasioned thereby, to be recovered for the benefit of
the estate. [2010 c 8 § 2035; 1965 c 145 § 11.48.060. Prior:
1917 c 156 § 101; RRS § 1471; prior: Code 1881 § 1455;
1854 p 278 § 67.]
11.48.060
Larceny: RCW 9A.56.100.
11.48.070 Concealed or embezzled property—Proceedings for discovery. The court shall have authority to
bring before it any person or persons suspected of having in
his or her possession or having concealed, embezzled, conveyed, or disposed of any of the property of the estate of
decedents or incompetents subject to administration under
this title, or who has in his or her possession or within his or
her knowledge any conveyances, bonds, contracts, or other
writings which contain evidence of or may tend to establish
the right, title, interest, or claim of the deceased in and to any
property. If such person be not in the county in which the letters were granted, he or she may be cited and examined either
before the court of the county where found or before the court
issuing the order of citation, and if he or she be found innocent of the charges he or she shall be entitled to recover costs
of the estate, which costs shall be fees and mileage of witnesses, statutory attorney’s fees, and such per diem and mileage for the person so charged as allowed to witnesses in civil
proceedings. Such party may be brought before the court by
means of citation such as the court may choose to issue, and
if he or she refuses to answer such interrogatories as may be
put to him or her touching such matters, the court may commit him or her to the county jail, there to remain until he or
she shall be willing to make such answers. [2010 c 8 § 2036;
1965 c 145 § 11.48.070. Prior: 1917 c 156 § 102; RRS §
1472; prior: 1891 p 385 §§ 22, 23; Code 1881 §§ 1456, 1457;
1854 p 278 §§ 68, 69.]
11.48.070
Guardianship—Concealed or embezzled property—Proceedings for discovery: RCW 11.92.185.
Larceny: RCW 9A.56.100.
11.48.080 Uncollectible debts—Liability—Purchase
of claims by personal representative. No personal representative shall be accountable for any debts due the estate, if
it shall appear that they remain uncollected without his or her
11.48.080
11.48.050 Allowance of necessary expenses. He or she
shall be allowed all necessary expenses in the care, management, and settlement of the estate. [2010 c 8 § 2034; 1965 c
11.48.050
[Title 11 RCW—page 44]
(2010 Ed.)
Personal Representatives—General Provisions—Actions By and Against
fault. No personal representative shall purchase any claim
against the estate he or she represents, but the personal representative may make application to the court for permission to
purchase certain claims, and if it appears to the court to be for
the benefit of the estate that such purchase shall be made, the
court may make an order allowing such claims and directing
that the same may be purchased by the personal representative under such terms as the court shall order, and such claims
shall thereafter be paid as are other claims, but the personal
representative shall not profit thereby. [2010 c 8 § 2037;
1965 c 145 § 11.48.080. Prior: 1917 c 156 § 157; RRS §
1527; prior: Code 1881 § 1540; 1854 p 295 § 163.]
11.48.210
goods, chattels, rights, and credits which may have been so
fraudulently conveyed by the deceased in his or her lifetime,
whatever may have been the manner of such fraudulent conveyance. [2010 c 8 § 2039; 1965 c 145 § 11.48.140. Prior:
1917 c 156 § 153; prior: Code 1881 § 1534; 1854 p 291 §
147.]
Request for special notice of proceedings in probate—Prohibitions: RCW
11.28.240.
11.48.150 Several personal representatives considered as one. In an action against several personal representatives, they shall all be considered as one person representing their testator or intestate, and judgment may be given and
execution issued against all of them who are defendants in the
action. [1965 c 145 § 11.48.150. Prior: Code 1881 § 719;
1877 p 146 § 723; 1869 p 165 § 660; RRS § 968.]
11.48.090 Actions for recovery of property and on
contract. Actions for the recovery of any property or for the
possession thereof, and all actions founded upon contracts,
may be maintained by and against personal representatives in
all cases in which the same might have been maintained by
and against their respective testators or intestates. [1965 c
145 § 11.48.090. Prior: 1917 c 156 § 148; RRS § 1518; prior:
Code 1881 § 1529; 1860 p 206 § 222; 1854 p 291 § 142.]
11.48.160 Default judgment not evidence of assets—
Exception. When a judgment is given against a personal representative for want of answer, such judgment is not to be
deemed evidence of assets in his or her hands, unless it
appear that the complaint alleged assets and that the notice
was served upon him or her. [2010 c 8 § 2040; 1965 c 145 §
11.48.160. Prior: Code 1881 § 720; 1877 p 146 § 724; 1869
p 166 § 661; RRS § 969.]
11.48.090
11.48.150
11.48.160
Performance of decedent’s contracts: Chapter 11.60 RCW.
Survival of actions: Chapter 4.20 RCW.
11.48.120 Action on bond of previous personal representative. Any personal representative may in his or her own
name, for the benefit of all parties interested in the estate,
maintain actions on the bond of a former personal representative of the same estate. [2010 c 8 § 2038; 1965 c 145 §
11.48.120. Prior: 1917 c 156 § 151; RRS § 1521; prior:
Code 1881 § 1532; 1854 p 291 § 145.]
11.48.120
11.48.130 Compromise of claims. The court may
authorize the personal representative, without the necessary
nonintervention powers, to compromise and compound any
claim owing the estate. Unless the court has restricted the
power to compromise or compound claims owing to the
estate, a personal representative with nonintervention powers
may compromise and compound a claim owing the estate
without the intervention of the court. [1997 c 252 § 58; 1965
c 145 § 11.48.130. Prior: 1917 c 156 § 152; RRS § 1522;
prior: Code 1881 § 1533; 1854 p 291 § 146.]
11.48.130
Rules of court: SPR 98.08W.
Additional notes found at www.leg.wa.gov
11.48.140 Recovery of decedent’s fraudulent conveyances. When there shall be a deficiency of assets in the hands
of a personal representative, and when the deceased shall in
his or her lifetime have conveyed any real estate, or any
rights, or interest therein, with intent to defraud his or her
creditors or to avoid any right, duty, or debt of any person, or
shall have so conveyed such estate, which deeds or conveyances by law are void as against creditors, the personal representative may, and it shall be his or her duty to, commence
and prosecute to final judgment any proper action for the
recovery of the same, and may recover for the benefit of the
creditors all such real estate so fraudulently conveyed, and
may also, for the benefit of the creditors, sue and recover all
11.48.140
(2010 Ed.)
11.48.180 Liability of executor de son tort. No person
is liable to an action as executor of his or her own wrong for
having taken, received, or interfered with the property of a
deceased person, but is responsible to the personal representatives of such deceased person for the value of all property
so taken or received, and for all injury caused by his or her
interference with the estate of the deceased. [2010 c 8 §
2041; 1965 c 145 § 11.48.180. Prior: Code 1881 § 722; 1877
p 146 § 726; 1869 p 166 § 663; RRS § 971.]
11.48.180
11.48.190 Executor of executor may not sue for estate
of first testator. An executor of an executor has no authority
as such to commence or maintain an action or proceeding
relating to the estate of the testator of the first executor, or to
take any charge or control thereof. [1965 c 145 § 11.48.190.
Prior: Code 1881 § 723; 1877 p 147 § 727; 1869 p 166 § 664;
RRS § 972.]
11.48.190
Administrator with will annexed on death of executor: RCW 11.28.060.
11.48.200 Arrest and attachment, when, authorized.
In an action against a personal representative as such, the
remedies of arrest and attachment shall not be allowed on
account of the acts of his or her testator or intestate, but for
his or her own acts as such personal representative, such remedies shall be allowed for the same causes in the manner and
with like effect as in actions at law generally. [2010 c 8 §
2042; 1965 c 145 § 11.48.200. Prior: Code 1881 § 724; 1877
p 147 § 729; 1869 p 167 § 666; RRS § 973.]
11.48.200
11.48.210 Compensation—Attorney’s fees. If testator
by will makes provision for the compensation of his or her
personal representative, that shall be taken as his or her full
compensation unless he or she files in the court a written
instrument renouncing all claim for the compensation provided by the will before qualifying as personal representative.
The personal representative, when no compensation is pro11.48.210
[Title 11 RCW—page 45]
Chapter 11.54
Title 11 RCW: Probate and Trust Law
vided in the will, or when he or she renounces all claim to the
compensation provided in the will, shall be allowed such
compensation for his or her services as the court shall deem
just and reasonable. Additional compensation may be
allowed for his or her services as attorney and for other services not required of a personal representative. An attorney
performing services for the estate at the instance of the personal representative shall have such compensation therefor
out of the estate as the court shall deem just and reasonable.
Such compensation may be allowed at the final account; but
at any time during administration a personal representative or
his or her attorney may apply to the court for an allowance
upon the compensation of the personal representative and
upon attorney’s fees. If the court finds that the personal representative has failed to discharge his or her duties as such in
any respect, it may deny him or her any compensation whatsoever or may reduce the compensation which would otherwise be allowed. [2010 c 8 § 2043; 1965 c 145 § 11.48.210.
Prior: 1917 c 156 § 158; RRS § 1528; prior: Code 1881 §
1541; 1854 p 295 § 164.]
Rules of court: SPR 98.12W.
Allowance of necessary expenses: RCW 11.48.050.
Will contests, costs: RCW 11.24.050.
Chapter 11.54 RCW
FAMILY SUPPORT AND POSTDEATH CREDITOR’S
CLAIM EXEMPTIONS
Chapter 11.54
Sections
11.54.010
11.54.020
11.54.030
11.54.040
11.54.050
11.54.060
11.54.070
11.54.080
11.54.090
11.54.100
Award to surviving spouse, domestic partner, or children—
Petition.
Amount of basic award.
Conditions to award.
Increase in amount of award—Factors for consideration.
Decrease in amount of award—Factors for consideration.
Priority of awarded property—Effect of purchase or encumbrance on property.
Immunity of award from debts and claims of creditors.
Exemption of additional assets from claims of creditors—Petition—Notice—Court order.
Venue for petition—Petition and hearing requirements—
Notice of hearing.
Exhaustion of estate—Closure of estate—Discharge of personal representative.
11.54.010 Award to surviving spouse, domestic partner, or children—Petition. (1) Subject to RCW 11.54.030,
the surviving spouse or surviving domestic partner of a decedent may petition the court for an award from the property of
the decedent. If the decedent is survived by children of the
decedent who are not also the children of the surviving
spouse or surviving domestic partner, on petition of such a
child the court may divide the award between the surviving
spouse or surviving domestic partner and all or any of such
children as it deems appropriate. If there is not a surviving
spouse or surviving domestic partner, the minor children of
the decedent may petition for an award.
(2) The award may be made from either the community
property or separate property of the decedent. Unless otherwise ordered by the court, the probate and nonprobate assets
of the decedent abate in accordance with chapter 11.10 RCW
in satisfaction of the award.
(3) The award may be made whether or not probate proceedings have been commenced in the state of Washington.
11.54.010
[Title 11 RCW—page 46]
The court may not make this award unless the petition for the
award is filed before the earliest of:
(a) Eighteen months from the date of the decedent’s
death if within twelve months of the decedent’s death either:
(i) A personal representative has been appointed; or
(ii) A notice agent has filed a declaration and oath as
required in RCW 11.42.010(3)(a)(ii); or
(b) The termination of any probate proceeding for the
decedent’s estate that has been commenced in the state of
Washington; or
(c) Six years from the date of the death of the decedent.
[2008 c 6 § 916; 1997 c 252 § 48.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Additional notes found at www.leg.wa.gov
11.54.020 Amount of basic award. The amount of the
basic award shall be the amount specified in RCW
6.13.030(2) with regard to lands. If an award is divided
between a surviving spouse or surviving domestic partner
and the decedent’s children who are not the children of the
surviving spouse or surviving domestic partner, the aggregate
amount awarded to all the claimants under this section shall
be the amount specified in RCW 6.13.030(2) with respect to
lands. The amount of the basic award may be increased or
decreased in accordance with RCW 11.54.040 and
11.54.050. [2008 c 6 § 917; 1997 c 252 § 49.]
11.54.020
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Additional notes found at www.leg.wa.gov
11.54.030 Conditions to award. (1) The court may not
make an award unless the court finds that the funeral
expenses, expenses of last sickness, and expenses of administration have been paid or provided for.
(2) The court may not make an award to a surviving
spouse or surviving domestic partner or child who has participated, either as a principal or as an accessory before the fact,
in the willful and unlawful killing of the decedent. [2008 c 6
§ 918; 1997 c 252 § 50.]
11.54.030
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Additional notes found at www.leg.wa.gov
11.54.040 Increase in amount of award—Factors for
consideration. (1) If it is demonstrated to the satisfaction of
the court with clear, cogent, and convincing evidence that a
claimant’s present and reasonably anticipated future needs
during the pendency of any probate proceedings in the state
of Washington with respect to basic maintenance and support
will not otherwise be provided for from other resources, and
that the award would not be inconsistent with the decedent’s
intentions, the amount of the award may be increased in an
amount the court determines to be appropriate.
(2) In determining the needs of the claimant, the court
shall consider, without limitation, the resources available to
the claimant and the claimant’s dependents, and the resources
reasonably expected to be available to the claimant and the
claimant’s dependents during the pendency of the probate,
including income related to present or future employment
11.54.040
(2010 Ed.)
Family Support and Postdeath Creditor’s Claim Exemptions
and benefits flowing from the decedent’s probate and nonprobate estate.
(3) In determining the intentions of the decedent, the
court shall consider, without limitation:
(a) Provisions made for the claimant by the decedent
under the terms of the decedent’s will or otherwise;
(b) Provisions made for third parties or other entities
under the decedent’s will or otherwise that would be affected
by an increased award;
(c) If the claimant is the surviving spouse or surviving
domestic partner, the duration and status of the marriage or
the state registered domestic partnership of the decedent to
the claimant at the time of the decedent’s death;
(d) The effect of any award on the availability of any
other resources or benefits to the claimant;
(e) The size and nature of the decedent’s estate; and
(f) Oral or written statements made by the decedent that
are otherwise admissible as evidence.
The fact that the decedent has named beneficiaries other
than the claimant as recipients of the decedent’s estate is not
of itself adequate to evidence such an intent as would prevent
the award of an amount in excess of that provided for in RCW
6.13.030(2) with respect to lands.
(4)(a) A petition for an increased award may only be
made if a petition for an award has been granted under RCW
11.54.010. The request for an increased award may be made
in conjunction with the petition for an award under RCW
11.54.010.
(b) Subject to (a) of this subsection, a request for an
increased award may be made at any time during the pendency of the probate proceedings. A request to modify an
increased award may also be made at any time during the
pendency of the probate proceedings by a person having an
interest in the decedent’s estate that will be directly affected
by the requested modification. [2008 c 6 § 919; 1997 c 252 §
51.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Additional notes found at www.leg.wa.gov
11.54.050 Decrease in amount of award—Factors for
consideration. (1) The court may decrease the amount of the
award below the amount provided in RCW 11.54.020 in the
exercise of its discretion if the recipient is entitled to receive
probate or nonprobate property, including insurance, by reason of the death of the decedent. In such a case the award
must be decreased by no more than the value of such other
property as is received by reason of the death of the decedent.
The court shall consider the factors presented in RCW
11.54.040(2) in determining the propriety of the award and
the proper amount of the award, if any.
(2) An award to a surviving spouse or surviving domestic partner is also discretionary and the amount otherwise
allowable may be reduced if: (a) The decedent is survived by
children who are not the children of the surviving spouse or
surviving domestic partner and the award would decrease
amounts otherwise distributable to such children; or (b) the
award would have the effect of reducing amounts otherwise
distributable to any of the decedent’s minor children. In
either case the court shall consider the factors presented in
RCW 11.54.040 (2) and (3) and whether the needs of the
11.54.050
(2010 Ed.)
11.54.080
minor children with respect to basic maintenance and support
are and will be adequately provided for, both during and after
the pendency of any probate proceedings if such proceedings
are pending, considering support from any source, including
support from the surviving spouse or surviving domestic
partner. [2008 c 6 § 920; 1997 c 252 § 52.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Additional notes found at www.leg.wa.gov
11.54.060 Priority of awarded property—Effect of
purchase or encumbrance on property. (1) The award has
priority over all other claims made in the estate. In determining which assets must be made available to satisfy the award,
the claimant is to be treated as a general creditor of the estate,
and unless otherwise ordered by the court the assets shall
abate in satisfaction of the award in accordance with chapter
11.10 RCW.
(2) If the property awarded is being purchased on contract or is subject to any encumbrance, for purposes of the
award the property must be valued net of the balance due on
the contract and the amount of the encumbrance. The property awarded will continue to be subject to any such contract
or encumbrance, and any award in excess of the basic award
under RCW 11.54.010, whether of community property or
the decedent’s separate property, is not immune from any lien
for costs of medical expenses recoverable under RCW
43.20B.080. [1997 c 252 § 53.]
11.54.060
Additional notes found at www.leg.wa.gov
11.54.070 Immunity of award from debts and claims
of creditors. (1) Except as provided in RCW 11.54.060(2),
property awarded and cash paid under this chapter is immune
from all debts, including judgments and judgment liens, of
the decedent and of the surviving spouse or surviving domestic partner existing at the time of death.
(2) Both the decedent’s and the surviving spouse’s or
surviving domestic partner’s interests in any community
property awarded to the spouse or domestic partner under this
chapter are immune from the claims of creditors. [2008 c 6 §
921; 1998 c 292 § 201; 1997 c 252 § 54.]
11.54.070
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Additional notes found at www.leg.wa.gov
11.54.080 Exemption of additional assets from claims
of creditors—Petition—Notice—Court order. (1) This
section applies if the party entitled to petition for an award
holds exempt property that is in an aggregate amount less
than that specified in RCW 6.13.030(2) with respect to lands.
(2) For purposes of this section, the party entitled to petition for an award is referred to as the "claimant." If multiple
parties are entitled to petition for an award, all of them are
deemed a "claimant" and may petition for an exemption of
additional assets as provided in this section, if the aggregate
amount of exempt property to be held by all the claimants
after the making of the award does not exceed the amount
specified in RCW 6.13.030(2) with respect to lands.
(3) A claimant may petition the court for an order
exempting other assets from the claims of creditors so that the
11.54.080
[Title 11 RCW—page 47]
11.54.090
Title 11 RCW: Probate and Trust Law
aggregate amount of exempt property held by the claimants
equals the amount specified in RCW 6.13.030(2) with respect
to lands. The petition must:
(a) Set forth facts to establish that the petitioner is entitled to petition for an award under RCW 11.54.010;
(b) State the nature and value of those assets then held by
all claimants that are exempt from the claims of creditors; and
(c) Describe the nonexempt assets then held by the
claimants, including any interest the claimants may have in
any probate or nonprobate property of the decedent.
(4) Notice of a petition for an order exempting assets
from the claims of creditors must be given in accordance with
RCW 11.96A.110.
(5) At the hearing on the petition, the court shall order
that certain assets of the claimants are exempt from the
claims of creditors so that the aggregate amount of exempt
property held by the claimants after the entry of the order is
in the amount specified in RCW 6.13.030(2) with respect to
lands. In the order the court shall designate those assets of the
claimants that are so exempt. [1999 c 42 § 612; 1997 c 252 §
55.]
Additional notes found at www.leg.wa.gov
11.54.090 Venue for petition—Petition and hearing
requirements—Notice of hearing. The petition for an
award, for an increased or modified award, or for the exemption of assets from the claims of creditors as authorized by
this chapter must be made to the court of the county in which
the probate is being administered. If probate proceedings
have not been commenced in the state of Washington, the
petition must be made to the court of a county in which the
decedent was domiciled at the time of death. If the decedent
was not domiciled in the state of Washington at the time of
death, the petition may be made to the court of any county in
which the decedent’s estate could be administered under
RCW 11.96A.050. The petition and the hearing must conform to RCW 11.96A.080 through 11.96A.200. Notice of the
hearing on the petition must be given in accordance with
RCW 11.96A.110. [1999 c 42 § 613; 1997 c 252 § 56.]
11.54.090
Additional notes found at www.leg.wa.gov
11.54.100 Exhaustion of estate—Closure of estate—
Discharge of personal representative. If an award provided
by this chapter will exhaust the estate, and probate proceedings have been commenced in the state of Washington, the
court in the order of award or allowance shall order the estate
closed, discharge the personal representative, and exonerate
the personal representative’s bond, if any. [1997 c 252 § 57.]
11.54.100
Additional notes found at www.leg.wa.gov
Chapter 11.56 RCW
SALES, EXCHANGES, LEASES, MORTGAGES,
AND BORROWING
Chapter 11.56
Sections
11.56.005
11.56.010
11.56.020
11.56.030
11.56.040
11.56.045
Authority to exchange.
Authority to sell, lease or mortgage.
Sale, lease or mortgage of personal property.
Sale, lease or mortgage of real estate—Petition—Notice—
Hearing.
Order directing mortgage.
Order directing lease.
[Title 11 RCW—page 48]
11.56.050
11.56.060
11.56.070
11.56.080
11.56.090
11.56.100
11.56.110
11.56.115
11.56.120
11.56.180
11.56.210
11.56.220
11.56.230
11.56.240
11.56.250
11.56.265
11.56.280
Order directing sale.
Public sales—Notice.
Postponement, adjournment of sale—Notice.
Private sales of realty—Notice—Bids.
Minimum price—Private sale—Sale by negotiation—Reappraisement.
Confirmation of sale—Approval—Resale.
Offer of increased bid—Duty of court.
Effect of confirmation.
Conveyance after confirmation of sale.
Sale of decedent’s contract interest in land.
Assignment of decedent’s contract.
Redemption of decedent’s mortgaged estate.
Sale or mortgage to effect redemption.
Sale of mortgaged property if redemption inexpedient.
Sales directed by will.
Broker’s fee and closing expenses—Sale, mortgage or lease.
Borrowing on general credit of estate—Petition—Notice—
Hearing.
Limitation of actions, recovery of realty sold by executor or administrator:
RCW 4.16.070.
Registered land, probate may direct sale or mortgage of: RCW 65.12.590.
Request for special notice of proceedings in probate—Prohibitions: RCW
11.28.240.
Sale of property to pay estate and transfer taxes: RCW 83.100.110.
11.56.005 Authority to exchange. Whenever it shall
appear upon the petition of the personal representative or of
any person interested in the estate to be to the best interests of
the estate to exchange any real or personal property of the
estate for other property, the court may authorize the
exchange upon such terms and conditions as it may prescribe,
which include the payment or receipt of part cash by the personal representative. If personal property of the estate is to be
exchanged, the procedure required by this chapter for the sale
of such property shall apply so far as may be; if real property
of the estate is to be exchanged, the procedure required by
this chapter for the sale of such property shall apply so far as
may be. [1965 c 145 § 11.56.005.]
11.56.005
11.56.010 Authority to sell, lease or mortgage. The
court may order real or personal property sold, leased or
mortgaged for the purposes hereinafter mentioned but no
sale, lease or mortgage of any property of an estate shall be
made except under an order of the court, unless otherwise
provided by law. [1965 c 145 § 11.56.010. Prior: 1917 c 156
§ 122; RRS § 1492; prior: 1895 c 157 § 1; 1883 p 29 § 1;
Code 1881 § 1486; 1854 p 284 § 97.]
11.56.010
11.56.020 Sale, lease or mortgage of personal property. The court may at any time order any personal property,
including for purposes of this section a vendor’s interest in a
contract for the sale of real estate, of the estate sold for the
preservation of such property or for the payment of the debts
of the estate or the expenses of administration or for the purpose of discharging any obligation of the estate or for any
other reason which may to the court seem right and proper,
and such order may be made either upon or without petition
therefor, and such sales may be either at public or private sale
or by negotiation and with or without notice of such sale, as
the court may determine, and upon such terms and conditions
as the court may decide upon. No notice of petition for sale of
any personal property need be given, except as provided in
RCW 11.28.240, unless the court expressly orders such
notice.
11.56.020
(2010 Ed.)
Sales, Exchanges, Leases, Mortgages, and Borrowing
Where personal property is sold prior to appraisement,
the sale price shall be deemed the value for appraisal. Personal property may be mortgaged, pledged or leased for the
same reasons and purposes, and in the same manner as is
hereinafter provided for real property. [1965 c 145 §
11.56.020. Prior: (i) 1917 c 156 § 123; RRS § 1493; prior:
1891 c 155 §§ 29, 30; 1883 p 29 § 1; Code 1881 § 1488; 1854
p 284 § 99. (ii) 1955 c 205 § 12; RCW 11.56.025.]
Community property: Chapter 26.16 RCW.
11.56.060
so made and approved shall be effectual to mortgage and
encumber all the right, title, and interest of the said estate in
the property described therein at the time of the death of the
said decedent, or acquired by his or her estate, and no irregularity in the proceedings shall impair or invalidate any mortgage given under such order of the court and approved by it.
[2010 c 8 § 2044; 1965 c 145 § 11.56.040. Prior: 1917 c 156
§ 125; RRS § 1495; prior: Code 1881 § 1494; 1854 p 285 §
104.]
Descent and distribution of real and personal estate: RCW 11.04.015.
11.56.045 Order directing lease. If the court should
determine that it is necessary or proper, for any of the said
purposes to lease any or all of said property, it may make an
order directing the personal representative to lease such
thereof as it may determine upon, and such order shall contain the terms and conditions of such transaction and authorize the personal representative to execute the lease and thereafter it shall be the duty of the personal representative to comply with such order. The personal representative shall not
execute such lease until he or she has first presented the same
to the court and obtained its approval of the form. [2010 c 8
§ 2045; 1965 c 145 § 11.56.045.]
11.56.045
Payment of claims where estate insufficient: RCW 11.76.150.
Performance of decedent’s contracts: Chapter 11.60 RCW.
Sale of decedent’s contract interest in land: RCW 11.56.180.
11.56.030 Sale, lease or mortgage of real estate—
Petition—Notice—Hearing. Whenever it shall appear to
the satisfaction of the court that any portion or all of the real
property should be sold, mortgaged or leased for the purpose
of raising money to pay the debts and obligations of the
estate, and the expenses of administration, estate taxes, or for
the support of the family, to make distribution, or for such
other purposes as the court may deem right and proper, the
court may order the sale, lease or mortgage of such portion of
the property as appears to the court necessary for the purpose
aforesaid. It shall be the duty of the personal representative to
present a petition to the court giving a description of all the
property of the estate and its character, the amount of the
debts, expenses and obligations of the estate and such other
things as will tend to assist the court in determining the
necessity for the sale, lease or mortgage and the amount
thereof. Unless the court shall by order expressly so provide,
no notice of the hearing of such petition for sale, lease or
mortgage need be given, except as provided in RCW
11.28.240 hereof; if, however, the court should order notice
of such hearing, it shall determine upon the kind, character
and time thereof. At the hearing of such petition the court
may have brought before it such testimony or information as
it may see fit to receive, for the purpose of determining
whether it should order any of the property of the estate sold,
leased or mortgaged. The absence of any allegation in the
petition shall not deprive the court of jurisdiction to order
said sale, lease or mortgage, and the court may, if it see fit,
order such sale, lease or mortgage without any petition having been previously presented. [1990 c 180 § 2; 1965 c 145 §
11.56.030. Prior: 1937 c 28 § 3; 1917 c 156 § 124; RRS §
1494; prior: Code 1881 § 1493; 1854 p 285 § 103.]
11.56.030
11.56.040 Order directing mortgage. If the court
should determine that it is necessary or proper, for any of the
said purposes, to mortgage any or all of said property, it may
make an order directing the personal representative to mortgage such thereof as it may determine upon, and such order
shall contain the terms and conditions of such transaction and
authorize the personal representative to execute and deliver
his or her note or notes and secure the same by mortgage, and
thereafter it shall be the duty of such personal representative
to comply with such order. The personal representative shall
not deliver any such note, mortgage, or other evidence of
indebtedness until he or she has first presented same to the
court and obtained its approval of the form. Every mortgage
11.56.040
(2010 Ed.)
11.56.050 Order directing sale. If the court should
determine that it is necessary to sell any or all of the real
estate for the purposes mentioned in this title, then it may
make and cause to be entered an order directing the personal
representative to sell so much of the real estate as the court
may determine necessary for the purposes aforesaid. Such
order shall give a particular description of the property to be
sold and the terms of such sale and shall provide whether
such property shall be sold at public or private sale, or by
negotiation. After the giving of such order it shall be the duty
of the personal representative to sell such real estate in accordance with the order of the court and as in this title provided
with reference to the public or private sales of real estate.
[1994 c 221 § 49; 1965 c 145 § 11.56.050. Prior: 1917 c 156
§ 126; RRS § 1496; prior: Code 1881 § 1494; 1854 p 285 §
104.]
11.56.050
Abatement of assets: Chapter 11.10 RCW.
Additional notes found at www.leg.wa.gov
11.56.060 Public sales—Notice. When real property is
directed to be sold by public sale, notice of the time and place
of such sale shall be published in a legal newspaper of the
county in which the estate is being administered, once each
week for three successive weeks before such sale, in which
notices the property ordered sold shall be described with
proper certainty: PROVIDED, That where real property is
located in a county other than the county in which the estate
is being administered, publication shall also be made in a
legal newspaper of that county. At the time and place named
in such notices for the said sale, the personal representative
shall proceed to sell the property upon the terms and conditions ordered by the court, and to the highest and best bidder.
All sales of real estate at public sale shall be made at the front
door of the court house of the county in which the lands are,
unless the court shall by order otherwise direct. [1965 c 145
§ 11.56.060. Prior: 1917 c 156 § 127; RRS § 1497; prior:
1888 p 187 § 1; Code 1881 § 1504; 1854 p 287 § 114.]
11.56.060
[Title 11 RCW—page 49]
11.56.070
Title 11 RCW: Probate and Trust Law
11.56.070 Postponement, adjournment of sale—
Notice. The personal representative, should he or she deem
it for the best interests of all concerned, may postpone such
sale to a time fixed but not to exceed twenty days, and such
postponement shall be made by proclamation of the personal
representative at the time and place first appointed for the
sale; if there be an adjournment of such sale for more than
three days, then it shall be the duty of the personal representative to cause a notice of such adjournment to be published
in a legal newspaper in the county in which notice was published as provided in RCW 11.56.060, in addition to making
such proclamation. [2010 c 8 § 2046; 1965 c 145 §
11.56.070. Prior: 1917 c 156 § 128; RRS § 1498; prior:
Code 1881 § 1505; 1854 p 287 § 115.]
11.56.070
11.56.080 Private sales of realty—Notice—Bids.
When a sale of real property is ordered to be made at private
sale, notice of the same must be published in a legal newspaper of the county in which the estate is being administered,
once a week for at least two successive weeks before the day
on or after which the sale is to be made, in which the lands
and tenements to be sold must be described with common
certainty: PROVIDED, That where real property is located
in a county other than the county in which the estate is being
administered, publication shall also be made in a legal newspaper of that county. The notice must state the day on or after
which the sale will be made and the place where offers or bids
will be received. The day last referred to must be at least fifteen days from the first publication of notice and the sale
must not be made before that day, but if made, must be made
within twelve months thereafter. The bids or offers must be in
writing, and may be left at the place designated in the notice
or delivered to the personal representative personally, or may
be filed in the office of the clerk of the court to which the
return of sale must be made, at any time after the first publication of the notice and before the making of the sale. If it be
shown that it will be for the best interest of the estate the court
or judge may, by an order, shorten the time of notice, which
shall not, however, be less than one week, and may provide
that the sale may be made on or after a day less than fifteen,
but not less than eight days from the first publication of the
notice of sale, and the sale may be made to correspond with
such order. [1965 c 145 § 11.56.080. Prior: 1917 c 156 §
129; RRS § 1499; prior: 1888 p 187 § 1; Code 1881 § 1504;
1854 p 287 § 114.]
11.56.080
11.56.090 Minimum price—Private sale—Sale by
negotiation—Reappraisement. No sale of real estate at private sale or sale by negotiation shall be confirmed by the
court unless the gross sum offered is at least ninety percent of
the appraised value thereof, nor unless such real estate shall
have been appraised within one year immediately prior to
such sale. If it has not been so appraised, or if the court is satisfied that the appraisement is too high or too low, appraisers
may be appointed, and they must make an appraisement
thereof in the same manner as in the case of the original
appraisement of the estate, and which appraisement may be
made at any time before the sale or the confirmation thereof.
[1965 c 145 § 11.56.090. Prior: 1917 c 156 § 130; RRS §
1500; prior: 1891 c 155 § 31; Code 1881 § 1508; 1854 p 287
§ 118.]
11.56.090
[Title 11 RCW—page 50]
11.56.100 Confirmation of sale—Approval—Resale.
The personal representative making any sale of real estate,
either at public or private sale, or sale by negotiation shall
within ten days after making such sale file with the clerk of
the court his or her return of such sale, the same being duly
verified. In the case of a sale by negotiation the personal representative shall publish a notice in one issue of a legal newspaper of the county in which the estate is being administered;
such notice shall include the legal description of the property
sold, the selling price and the date after which the sale can be
confirmed: PROVIDED, That such confirmation date shall
be at least ten days after such notice is published. At any time
after the expiration of ten days from the publication of such
notice, in the case of sale by negotiation, and at any time after
the expiration of ten days from the filing of such return, in the
case of public or private sale the court may approve and confirm such sale and direct proper instruments of transfer to be
executed and delivered. But if the court shall be of the opinion that the proceedings were unfair, or that the sum obtained
was disproportionate to the value of the property sold, or if
made at private sale or sale by negotiation that it did not sell
for at least ninety percent of the appraised value as in RCW
11.56.090 provided, and that a sum exceeding said bid by at
least ten percent exclusive of the expense of a new sale, may
be obtained, the court may refuse to approve or confirm such
sale and may order a resale. On a resale, notice shall be given
and the sale shall be conducted in all respects as though no
previous sale had been made. [2010 c 8 § 2047; 1965 c 145
§ 11.56.100. Prior: 1917 c 156 § 131; RRS § 1501; prior:
1891 c 155 § 31; Code 1881 § 1508; 1854 p 287 § 118.]
11.56.100
11.56.110 Offer of increased bid—Duty of court. If,
at any time before confirmation of any such sale, any person
shall file with the clerk of the court a bid on such property in
an amount not less than ten percent higher than the bid the
acceptance of which was reported by the return of sale and
shall deposit with the clerk not less than twenty percent of his
or her bid in the form of cash, money order, cashier’s check,
or certified check made payable to the clerk, to be forfeited to
the estate unless such bidder complies with his or her bid, the
bidder whose bid was accepted shall be informed of such
increased bid by registered or certified mail addressed to such
bidder at any address which may have been given by him or
her at the time of making such bid. Such bidder then shall
have a period of five days, not including holidays, in which to
make and file a bid better than that of the subsequent bidder.
After the expiration of such five-day period the court may
refuse to confirm the sale reported in the return of sale and
direct a sale to the person making the best bid then on file,
indicating which is the best bid, and a sale made pursuant to
such direction shall need no further confirmation. Instead of
such a direction, the court, upon application of the personal
representative, may direct the reception of sealed bids.
Thereupon the personal representative shall mail notice by
registered or certified mail to all those who have made bids
on such property, informing them that sealed bids will be
received by the clerk of the court within ten days. At the
expiration of such period the personal representative, in the
presence of the clerk of the court, shall open such bids as
shall have been submitted to the clerk within the time stated
in the notice (whether by previous bidders or not) and shall
11.56.110
(2010 Ed.)
Sales, Exchanges, Leases, Mortgages, and Borrowing
file a recommendation of the acceptance of the bid which he
or she deems best in view of the requirements of the particular estate. The court may thereupon direct a sale to the bidder
whose bid is deemed best by the court and a sale made pursuant to such direction shall need no confirmation: PROVIDED, HOWEVER, That the court shall consider the net
realization to the estate in determining the best bid. [2010 c
8 § 2048; 1967 ex.s. c 106 § 2; 1967 c 168 § 18; 1965 c 145
§ 11.56.110. Prior: 1955 c 154 § 1; 1917 c 156 § 132; RRS
§ 1502.]
Additional notes found at www.leg.wa.gov
11.56.115 Effect of confirmation. No petition or allegation thereof for the sale of real estate shall be considered
jurisdictional, and confirmation by the court of any sale shall
be absolutely conclusive as to the regularity of all proceedings leading up to and including such sale, and no instrument
of conveyance of real estate made after confirmation of sale
by the court shall be open to attack upon any grounds whatsoever except for fraud, and the confirmation by the court of
any such sale shall be conclusive proof that all statutory provisions and all orders of the court with reference to such sale
have been complied with. [1965 c 145 § 11.56.115. Prior:
1917 c 156 § 134; RCW 11.56.130; RRS § 1504; prior: Code
1881 § 1510; 1854 p 287 § 120.]
11.56.115
Real estate sold by executor, etc., limitation of action: RCW 4.16.070.
11.56.120 Conveyance after confirmation of sale.
Upon the confirmation of any such sale the court shall direct
the personal representative to make, execute and deliver
instruments conveying the title to the person to whom such
property may be sold, and such instruments of conveyance
shall be deemed to convey all the estate, rights and interests
of the testator or intestate at the death of the deceased and any
interest acquired by the estate. [1965 c 145 § 11.56.120.
Prior: 1917 c 156 § 133; RRS § 1503; prior: Code 1881 §
1510; 1854 p 287 § 120.]
11.56.120
11.56.180 Sale of decedent’s contract interest in land.
If the deceased person at the time of his or her death was possessed of a contract for the purchase of lands, his or her interest in such lands under such contract may be sold on the
application of his or her personal representative in the same
manner as if he or she died seized of such lands; and the same
proceedings may be had for that purpose as are prescribed in
this title in respect to lands of which he or she died seized,
except as hereinafter provided. [2010 c 8 § 2049; 1965 c 145
§ 11.56.180. Prior: 1917 c 156 § 139; RRS § 1509; prior:
Code 1881 § 1519; 1854 p 289 § 129.]
11.56.180
Performance of decedent’s contracts: Chapter 11.60 RCW.
Sale of vendor’s interest in contract for sale of real estate: RCW 11.56.020.
11.56.210 Assignment of decedent’s contract. Upon
the confirmation of such sale, the personal representative
shall execute to the purchaser an assignment of the contract
and deed, which shall vest in the purchaser, his or her heirs
and assigns, all the right, title, and interest of the persons entitled to the interest of the deceased in the land sold at the time
of the sale, and such purchaser shall have the same rights and
remedies against the vendor of such lands as the deceased
11.56.210
(2010 Ed.)
11.56.265
would have had if living. [2010 c 8 § 2050; 1965 c 145 §
11.56.210. Prior: 1917 c 156 § 142; RRS § 1512; prior:
Code 1881 § 1522; 1854 p 289 § 132.]
11.56.220 Redemption of decedent’s mortgaged
estate. If any person die having mortgaged any real or personal estate, and shall not have devised the same, or provided
for any redemption thereof by will, the court, upon the application of any person interested, may order the personal representative to redeem the estate out of the assets, if it should
appear to the satisfaction of the court that such redemption
would be beneficial to the estate and not injurious to creditors. [1965 c 145 § 11.56.220. Prior: 1917 c 156 § 143; RRS
§ 1513; prior: Code 1881 § 1523; 1854 p 289 § 133.]
11.56.220
11.56.230 Sale or mortgage to effect redemption. If it
shall be made to appear to the satisfaction of the court that it
will be to the interest of the estate of any deceased person to
sell or mortgage other personal estate or to sell or mortgage
other real estate of the decedent than that mortgaged by him
or her to redeem the property so mortgaged, the court may
order the sale or mortgaging of any personal estate, or the sale
or mortgaging of any real estate of the decedent which it may
deem expedient to be sold or mortgaged for such purpose,
which sale or mortgaging shall be conducted in all respects as
other sales or mortgages of like property ordered by the court.
[2010 c 8 § 2051; 1965 c 145 § 11.56.230. Prior: 1917 c 156
§ 144; RRS § 1514; prior: 1895 c 157 § 11; 1888 p 185 § 1.]
11.56.230
11.56.240 Sale of mortgaged property if redemption
inexpedient. If such redemption be not deemed expedient,
the court shall order such property to be sold at public or private sale, which sale shall be with the same notice and conducted in the same manner as required in other cases of real
estate or personal property provided for in this title, and shall
be sold subject to such mortgage, and the personal representative shall thereupon execute a conveyance thereof to the
purchaser, which conveyance shall be effectual to convey to
the purchaser all the right, title, and interest which the
deceased had in the property, and the purchase money, after
paying the expenses of the sale, shall be applied to the residue
in due course of administration. [1965 c 145 § 11.56.240.
Prior: 1917 c 156 § 145; RRS § 1515; prior: Code 1881 §
1524; 1873 p 296 § 211; 1854 p 290 § 134.]
11.56.240
11.56.250 Sales directed by will. When property is
directed by will to be sold, or authority is given in the will to
sell property, the executor may sell any property of the estate
without the order of the court, and without any notice, and it
shall not be necessary under such circumstances to make any
application to the court with reference to such sales or have
the same confirmed by the court. [1965 c 145 § 11.56.250.
Prior: 1917 c 156 § 146; RRS § 1516; prior: Code 1881 §
1527.]
11.56.250
11.56.265 Broker’s fee and closing expenses—Sale,
mortgage or lease. In connection with the sale, mortgage or
lease of property, the court may authorize the personal representative to pay, out of the proceeds realized therefrom or out
of the estate, the customary and reasonable auctioneer’s and
11.56.265
[Title 11 RCW—page 51]
11.56.280
Title 11 RCW: Probate and Trust Law
broker’s fees and any necessary expenses for abstracting, title
insurance, survey, revenue stamps and other necessary costs
and expenses in connection therewith. [1965 c 145 §
11.56.265.]
Allowance of necessary expenses to personal representative: RCW
11.48.050.
11.56.280 Borrowing on general credit of estate—
Petition—Notice—Hearing. Whenever it shall appear to
the satisfaction of the court that money is needed to pay debts
of the estate, expenses of administration, or estate taxes, the
court may by order authorize the personal representative to
borrow such money, on the general credit of the estate, as
appears to the court necessary for the purposes aforesaid. The
time for repayment, rate of interest and form of note authorized shall be as specified by the court in its order. The money
borrowed pursuant thereto shall be an obligation of the estate
repayable with the same priority as unsecured claims filed
against the estate. It shall be the duty of the personal representative to present a petition to the court giving a description
of all the property of the estate and its character, the amount
of the debts, expenses and tax obligations and such other
things as will tend to assist the court in determining the
necessity for the borrowing and the amount thereof. Unless
the court shall by order expressly so provide, no notice of the
hearing of such petition need be given, except to persons who
have requested notice under the provisions of RCW
11.28.240; if, however, the court should order notice of such
hearing, it shall determine upon the kind, character and time
thereof. At the hearing of such petition the court may have
brought before it such testimony or information as it may see
fit to receive, for the foregoing purpose. The absence of any
allegation in the petition shall not deprive the court of jurisdiction to authorize such borrowing. [1990 c 180 § 3; 1965 c
145 § 11.56.280.]
11.56.280
Order of payment of debts: RCW 11.76.110.
Chapter 11.60 RCW
PERFORMANCE OF DECEDENT’S CONTRACTS
Chapter 11.60
Sections
11.60.010
11.60.020
11.60.030
11.60.040
11.60.060
Order for performance on application of personal representative.
Petition, notice, and hearing when personal representative fails
to make application.
Hearing.
Conveyance of real property—Effect.
Procedure on death of person entitled to performance.
Evidence, transaction with person since deceased: RCW 5.60.030.
Sale of vendor’s interest in contract for sale of real estate: RCW 11.56.020.
Sale or assignment of decedent’s contract interest in land: RCW 11.56.180,
11.56.210.
11.60.010 Order for performance on application of
personal representative. If any person, who is bound by
contract, in writing, shall die before performing said contract,
the superior court of the county in which the estate is being
administered, may upon application of the personal representative, without notice, make an order authorizing and directing the personal representative to perform such contract.
[1965 c 145 § 11.60.010. Prior: 1917 c 156 § 188; RRS §
11.60.010
[Title 11 RCW—page 52]
1558; prior: 1891 p 390 § 40; Code 1881 § 623; 1877 p 130
§ 626; 1854 p 292 § 150.]
Guardianship, performance of contracts: RCW 11.92.130.
11.60.020
11.60.020 Petition, notice, and hearing when personal representative fails to make application. If the personal representative fails to make such application, then any
person claiming to be entitled to such performance under
such contract, may present a petition setting forth the facts
upon which such claim is predicated. Notice of hearing shall
be in accordance with the provisions of *RCW 11.16.081.
[1965 c 145 § 11.60.020. Prior: 1917 c 156 § 189; RRS §
1559; prior: 1891 c 155 § 41; Code 1881 § 694; 1877 p 130
§ 627; 1854 p 292 § 151.]
*Reviser’s note: RCW 11.16.081 was repealed by 1969 c 70 § 5.
Actions for recovery of property and on contract: RCW 11.48.090.
11.60.030
11.60.030 Hearing. At the time appointed for such
hearing, or at such other time as the same may be adjourned
to, upon proof of service of the notice as provided in *RCW
11.16.081, the court shall proceed to a hearing and determine
the matter. [1965 c 145 § 11.60.030. Prior: 1917 c 156 §
190; RRS § 1560; prior: 1891 c 155 § 42; Code 1881 § 625;
1877 p 130 § 628; 1854 p 293 § 152.]
*Reviser’s note: RCW 11.16.081 was repealed by 1969 c 70 § 5.
11.60.040
11.60.040 Conveyance of real property—Effect. In
the case of real property, a conveyance executed under the
provisions of this title shall so refer to the order authorizing
the conveyance that the same may be readily found, but need
not recite the record in the case generally, and the conveyance made in pursuance of such order shall pass to the
grantee all the estate, right, title, and interest contracted to be
conveyed by the deceased, as fully as if the contracting party
himself or herself were still living and executed the conveyance in pursuance of such contract. [2010 c 8 § 2052; 1965 c
145 § 11.60.040. Prior: 1917 c 156 § 191; RRS § 1561;
prior: Code 1881 § 626; 1877 p 130 § 629; 1854 p 293 §
153.]
11.60.060
11.60.060 Procedure on death of person entitled to
performance. If the person entitled to performance shall die
before the commencement of the proceedings according to
the provisions of this title or before the completion of performance, any person who would have been entitled to the performance under him or her, as heir, devisee, or otherwise, in
case the performance had been made according to the terms
of the contract, or the personal representative of such
deceased person, for the benefit of persons entitled, may
commence such proceedings, or prosecute the same if already
commenced; and the performance shall inure to the persons
who would have been entitled to it, or to the personal representative for their benefit. [2010 c 8 § 2053; 1965 c 145 §
11.60.060. Prior: 1917 c 156 § 193; RRS § 1563; prior:
1891 c 155 § 47; Code 1881 § 532; 1877 p 132 § 635; 1854 p
294 § 159.]
(2010 Ed.)
Small Estates—Disposition of Property
Chapter 11.62 RCW
SMALL ESTATES—DISPOSITION OF PROPERTY
Chapter 11.62
Sections
11.62.005
11.62.010
11.62.020
11.62.030
Definitions.
Disposition of personal property, debts by affidavit, proof of
death—Contents of affidavit—Procedure—Securities.
Effect of affidavit and proof of death—Discharge and release
of transferor—Refusal to pay or deliver—Procedure—False
affidavit—Conflicting affidavits—Accountability.
Payment to surviving spouse or surviving domestic partner of
moneys on deposit of deceased credit union member—Limitation—Affidavit—Accounting to personal representative.
Reviser’s note: Inheritance and gift taxes were repealed by 1981 2nd
ex.s. c 7 § 83.100.160. For provisions relating to estate and transfer taxes, see
chapter 83.100 RCW.
11.62.005 Definitions. As used in this chapter, the following terms shall have the meanings indicated.
(1) "Personal property" shall include any tangible personal property, any instrument evidencing a debt, obligation,
stock, chose in action, license or ownership, any debt or any
other intangible property.
(2)(a) "Successor" and "successors" shall mean (subject
to subsection (2)(b) of this section):
(i) That person or those persons who are entitled to the
claimed property pursuant to the terms and provisions of the
last will and testament of the decedent or by virtue of the laws
of intestate succession contained in this title; and/or
(ii) The surviving spouse or surviving domestic partner
of the decedent to the extent that the surviving spouse or surviving domestic partner is entitled to the property claimed as
his or her undivided one-half interest in the community property of said spouse or said domestic partner and the decedent;
and/or
(iii) The department of social and health services, to the
extent of funds expended or paid, in the case of claims provided under RCW 43.20B.080; and/or
(iv) This state, in the case of escheat property.
(b) Any person claiming to be a successor solely by reason of being a creditor of the decedent or of the decedent’s
estate, except for the state as set forth in (a)(iii) and (iv) of
this subsection, shall be excluded from the definition of "successor".
(3) "Person" shall mean any individual or organization,
specifically including but not limited to a bank, credit union,
brokerage firm or stock transfer agent, corporation, government or governmental subdivision or agency, business trust,
estate, trust, partnership or association, two or more persons
having a joint or common interest, or any other legal or commercial entity. [2008 c 6 § 922; 2006 c 360 § 15; 1994 c 21
§ 1; 1988 c 64 § 24; 1977 ex.s. c 234 § 29.]
11.62.005
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Clarification of laws--Enforceability of act--Severability—2006 c
360: See notes following RCW 11.108.070.
Legislative confirmation of effect of 1994 c 21: RCW 43.20B.090.
Additional notes found at www.leg.wa.gov
11.62.010 Disposition of personal property, debts by
affidavit, proof of death—Contents of affidavit—Procedure—Securities. (1) At any time after forty days from the
date of a decedent’s death, any person who is indebted to or
who has possession of any personal property belonging to the
11.62.010
(2010 Ed.)
11.62.010
decedent or to the decedent and his or her surviving spouse or
surviving domestic partner as a community, which debt or
personal property is an asset which is subject to probate, shall
pay such indebtedness or deliver such personal property, or
so much of either as is claimed, to a person claiming to be a
successor of the decedent upon receipt of proof of death and
of an affidavit made by said person which meets the requirements of subsection (2) of this section.
(2) An affidavit which is to be made pursuant to this section shall state:
(a) The claiming successor’s name and address, and that
the claiming successor is a "successor" as defined in RCW
11.62.005;
(b) That the decedent was a resident of the state of Washington on the date of his or her death;
(c) That the value of the decedent’s entire estate subject
to probate, not including the surviving spouse’s or surviving
domestic partner’s community property interest in any assets
which are subject to probate in the decedent’s estate, wherever located, less liens and encumbrances, does not exceed
one hundred thousand dollars;
(d) That forty days have elapsed since the death of the
decedent;
(e) That no application or petition for the appointment of
a personal representative is pending or has been granted in
any jurisdiction;
(f) That all debts of the decedent including funeral and
burial expenses have been paid or provided for;
(g) A description of the personal property and the portion
thereof claimed, together with a statement that such personal
property is subject to probate;
(h) That the claiming successor has given written notice,
either by personal service or by mail, identifying his or her
claim, and describing the property claimed, to all other successors of the decedent, and that at least ten days have
elapsed since the service or mailing of such notice; and
(i) That the claiming successor is either personally entitled to full payment or delivery of the property claimed or is
entitled to full payment or delivery thereof on the behalf and
with the written authority of all other successors who have an
interest therein.
(3) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent
to the person claiming to be the successor with respect to
such security upon the presentation of proof of death and of
an affidavit made by such person which meets the requirements of subsection (2) of this section. Any governmental
agency required to issue certificates of ownership or of
license registration to personal property shall issue a new certificate of ownership or of license registration to a person
claiming to be a successor of the decedent upon receipt of
proof of death and of an affidavit made by such person which
meets the requirements of subsection (2) of this section.
(4) No release from any Washington state or local taxing
authority may be required before any assets or debts are paid
or delivered to a successor of a decedent as required under
this section.
(5) A copy of the affidavit, including the decedent’s
social security number, shall be mailed to the state of Washington, department of social and health services, office of
financial recovery. [2008 c 6 § 923; 2006 c 360 § 16; 1995
[Title 11 RCW—page 53]
11.62.020
Title 11 RCW: Probate and Trust Law
1st sp.s. c 18 § 60; 1993 c 291 § 1. Prior: 1988 c 64 § 25;
1988 c 29 § 2; 1987 c 157 § 1; 1977 ex.s. c 234 § 11; 1974
ex.s. c 117 § 4.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Clarification of laws—Enforceability of act—Severability—2006 c
360: See notes following RCW 11.108.070.
Additional notes found at www.leg.wa.gov
11.62.020 Effect of affidavit and proof of death—Discharge and release of transferor—Refusal to pay or
deliver—Procedure—False affidavit—Conflicting affidavits—Accountability. The person paying, delivering, transferring, or issuing personal property pursuant to RCW
11.62.010 is discharged and released to the same extent as if
such person has dealt with a personal representative of the
decedent, unless at the time of such payment, delivery, transfer, or issuance, such person had actual knowledge of the falsity of any statement which is required by RCW 11.62.010(2)
as now or hereafter amended to be contained in the successor’s affidavit. Such person is not required to see to the application of the personal property, or to inquire into the truth of
any matter specified in RCW 11.62.010 (1) or (2), or into the
payment of any estate tax liability.
An organization shall not be deemed to have actual
knowledge of the falsity of any statement contained in an
affidavit made pursuant to RCW 11.62.010(2) as now or
hereafter amended until such time as said knowledge shall
have been brought to the personal attention of the individual
making the transfer, delivery, payment, or issuance of the
personal property claimed under RCW 11.62.010 as now or
hereafter amended.
If any person to whom an affidavit and proof of death is
delivered refuses to pay, deliver, or transfer any personal
property, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. If more than one affidavit is delivered
with reference to the same personal property, the person to
whom an affidavit is delivered may pay, deliver, transfer, or
issue any personal property in response to the first affidavit
received, provided that proof of death has also been received,
or alternately implead such property into court for payment
over to the person entitled thereto. Any person to whom payment, delivery, transfer, or issuance of personal property is
made pursuant to RCW 11.62.010 as now or hereafter
amended is answerable and accountable therefor to any personal representative of the estate of the decedent or to any
other person having a superior right thereto. [1990 c 180 § 4;
1977 ex.s. c 234 § 12; 1974 ex.s. c 117 § 5.]
11.62.020
Additional notes found at www.leg.wa.gov
11.62.030 Payment to surviving spouse or surviving
domestic partner of moneys on deposit of deceased credit
union member—Limitation—Affidavit—Accounting to
personal representative. On the death of any member of
any credit union organized under chapter 31.12 RCW or federal law, such credit union may pay to the surviving spouse or
surviving domestic partner the moneys of such member on
deposit to the credit of said deceased member, including
moneys deposited as shares in said credit union, in cases
11.62.030
[Title 11 RCW—page 54]
where the amount of deposit does not exceed the sum of one
thousand dollars, upon receipt of an affidavit from the surviving spouse or surviving domestic partner to the effect that the
member died and no executor or administrator has been
appointed for the member’s estate, and the member had on
deposit in said credit union money not exceeding the sum of
one thousand dollars. The payment of such deposit made in
good faith to the spouse or the domestic partner making the
affidavit shall be a full acquittance and release of the credit
union for the amount of the deposit so paid.
No probate proceeding shall be necessary to establish the
right of said surviving spouse to withdraw said deposits upon
the filing of said affidavit: PROVIDED, That whenever a
personal representative is appointed in an estate where a
withdrawal of deposits has been had in compliance with this
section, the spouse so withdrawing said deposits shall
account for the same to the personal representative. The
credit union may also pay out the moneys on deposit to the
credit of the deceased upon presentation of an affidavit as
provided in RCW 11.62.010, as now or hereafter amended.
[2008 c 6 § 924; 1980 c 41 § 10.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Additional notes found at www.leg.wa.gov
Chapter 11.64
Chapter 11.64 RCW
PARTNERSHIP PROPERTY
Sections
11.64.002
11.64.008
11.64.016
11.64.022
11.64.030
11.64.040
Inventory—Appraisement.
Surviving partner may continue in possession.
Security may be required.
Failure to furnish inventory, list liabilities, permit appraisal,
etc.—Show cause—Contempt of court—Receiver.
Surviving partner or partners may purchase deceased’s interest—Valuation—Conditions of sale—Protection against
partnership liabilities.
Surviving partner may operate under agreement with estate—
Termination.
11.64.002 Inventory—Appraisement. Within three
months after receiving written request from the personal representative the surviving partner or partners of the partnership shall furnish the personal representative with a verified
inventory of the assets of the partnership. The inventory shall
state the value of the assets as shown by the books of the partnership and list the liabilities of the partnership. At the
request of the personal representative, the surviving partner
or partners shall permit the assets of the partnership to be
appraised, which appraisal shall include the value of the
assets of the partnership and a list of the liabilities. [1977
ex.s. c 234 § 13; 1965 c 145 § 11.64.002. Prior: 1951 c 197 §
1; prior: (i) 1917 c 156 § 88; RRS § 1458. (ii) 1917 c 156 §
91; RRS § 1461.]
11.64.002
Inventory of estate to identify decedent’s share in partnership: RCW
11.44.015(1)(f).
Additional notes found at www.leg.wa.gov
11.64.008 Surviving partner may continue in possession. The surviving partner or partners may continue in possession of the partnership estate, pay its debts, and settle its
business, and shall account to the personal representative of
the decedent and shall pay over such balances as may, from
11.64.008
(2010 Ed.)
Social Security Benefits
time to time, be payable to him or her. [2010 c 8 § 2054;
1977 ex.s. c 234 § 14; 1965 c 145 § 11.64.008. Prior: 1951
c 197 § 2.]
Additional notes found at www.leg.wa.gov
11.64.016 Security may be required. If the surviving
partner or partners commit waste, or if it appears to the court
that it is for the best interest of the estate of the decedent, such
court may, after a hearing, order the surviving partner or partners to give security for the faithful settlement of the partnership affairs and the payment to the personal representative of
any amount due the estate. [1977 ex.s. c 234 § 15; 1965 c 145
§ 11.64.016. Prior: 1951 c 197 § 3.]
11.64.016
Additional notes found at www.leg.wa.gov
11.64.022 Failure to furnish inventory, list liabilities,
permit appraisal, etc.—Show cause—Contempt of
court—Receiver. If the surviving partner or partners fail or
refuse to furnish an inventory or list of liabilities, to permit an
appraisal, or to account to the personal representative, or to
furnish a bond when required pursuant to RCW 11.64.016,
the court shall order a citation to issue requiring the surviving
partner or partners to appear and show cause why they have
not furnished an inventory list of liabilities, or permitted an
appraisal or why they should not account to the personal representative or file a bond. The citation shall be served not
less than ten days before the return day designated therein, or
such shorter period as the court upon a showing of good
cause deems appropriate. If the surviving partner or partners
neglect or refuse to file an inventory or list of liabilities, or to
permit an appraisal, or fail to account to the court or to file a
bond, after they have been directed to do so, they may be punished for a contempt of court as provided in chapter 7.21
RCW. Where the surviving partner or partners fail to file a
bond after being ordered to do so by the court, the court may
also appoint a receiver of the partnership estate under chapter
7.60 RCW, and may order the costs and expenses of the proceedings to be paid out of the partnership estate or out of the
estate of the decedent, or by the surviving partner or partners
personally, or partly by each of the parties. [2004 c 165 § 39;
1989 c 373 § 15; 1977 ex.s. c 234 § 16; 1965 c 145 §
11.64.022. Prior: 1951 c 197 § 4.]
11.64.022
Purpose—Captions not law—2004 c 165: See notes following RCW
7.60.005.
Additional notes found at www.leg.wa.gov
11.64.030 Surviving partner or partners may purchase deceased’s interest—Valuation—Conditions of
sale—Protection against partnership liabilities. The surviving partner or the surviving partners jointly, shall have the
right at any time to petition the court to purchase the interests
of a deceased partner in the partnership. Upon a hearing pursuant to such petition the court shall, in such manner as it sees
fit, determine and by order fix the value of the interest of the
deceased partner over and above all partnership debts and
obligations, the price, terms, and conditions of such sale and
the period of time during which the surviving partner or partners shall have the prior right to purchase the interest of the
deceased partner. If any such surviving partner be also the
personal representative of the estate of the deceased partner,
11.64.030
(2010 Ed.)
11.66.010
such fact shall not affect his or her right to purchase, or to join
with the other surviving partners to purchase such interest in
the manner hereinbefore provided.
The court shall make such orders in connection with
such sale as it deems proper or necessary to protect the estate
of the deceased against any liability for partnership debts or
obligations. [2010 c 8 § 2055; 1977 ex.s. c 234 § 17; 1965 c
145 § 11.64.030. Prior: 1951 c 197 § 5; prior: 1917 c 156 §
89; 1859 p 186 §§ 120-130; 1854 p 274 §§ 46-53; RRS §
1459.]
Additional notes found at www.leg.wa.gov
11.64.040 Surviving partner may operate under
agreement with estate—Termination. The court may, in
instances where it is deemed advisable, authorize and direct
the personal representative of the estate of a deceased partner
to enter into an agreement with the surviving partner or partners under which the surviving partner or partners may continue to operate any going business of the former partnership
until the further order of the court. The court may, in its discretion, revoke such authority and direction and thereby terminate such agreement at any time by further order, entered
upon the application of the personal representative or the surviving partner or partners or any interested person or on its
own motion. [1965 c 145 § 11.64.040. Prior: 1951 c 197 § 6;
prior: 1917 c 156 § 90; 1859 p 186 §§ 120-130; 1854 p 274
§§ 46-53; RRS § 1460.]
11.64.040
Chapter 11.66
Chapter 11.66 RCW
SOCIAL SECURITY BENEFITS
Sections
11.66.010
11.66.900
Social security benefits—Payment to survivors or department
of social and health services—Effect.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
11.66.010 Social security benefits—Payment to survivors or department of social and health services—
Effect. (1) If not less than thirty days after the death of an
individual entitled at the time of death to a monthly benefit or
benefits under Title II of the social security act, all or part of
the amount of such benefit or benefits, not in excess of one
thousand dollars, is paid by the United States to (a) the surviving spouse, (b) one or more of the deceased’s children, or
descendants of his or her deceased children, (c) the secretary
of social and health services if the decedent was a resident of
a state institution at the date of death and liable for the cost of
his or her care in an amount at least as large as the amount of
such benefits, (d) the deceased’s father or mother, or (e) the
deceased’s brother or sister, preference being given in the
order named if more than one request for payment shall have
been made by or for such individuals, such payment shall be
deemed to be a payment to the legal representative of the
decedent and shall constitute a full discharge and release
from any further claim for such payment to the same extent as
if such payment had been made to an executor or administrator of the decedent’s estate.
(2) The provisions of subsection (1) of this section shall
apply only if an affidavit has been made and filed with the
United States department of health, education, and welfare by
11.66.010
[Title 11 RCW—page 55]
11.66.900
Title 11 RCW: Probate and Trust Law
the surviving spouse or other relative by whom or on whose
behalf request for payment is made and such affidavit shows
(a) the date of death of the deceased, (b) the relationship of
the affiant to the deceased, (c) that no executor or administrator for the deceased has qualified or been appointed, nor to
the affiant’s knowledge is administration of the deceased’s
estate contemplated, and (d) that, to the affiant’s knowledge,
there exists at the time of the filing of such affidavit, no relative of a closer degree of kindred to the deceased than the
affiant: PROVIDED, That the affidavit filed by the secretary
of social and health services shall meet the requirements of
(a) and (c) of this subsection and, in addition, show that the
decedent left no known surviving spouse or children and died
while a resident of a state institution at the date of death and
liable for the cost of his or her care in an amount at least as
large as the amount of such benefits. [2010 c 8 § 2056; 1979
c 141 § 12; 1967 c 175 § 2.]
Disposition of property of deceased inmate of state institution: RCW
11.08.101, 11.08.111, 11.08.120.
Additional notes found at www.leg.wa.gov
11.66.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 33.]
11.66.900
Chapter 11.68
Chapter 11.68 RCW
SETTLEMENT OF ESTATES
WITHOUT ADMINISTRATION
Sections
11.68.011
11.68.021
11.68.041
11.68.050
11.68.060
11.68.065
11.68.070
11.68.080
11.68.090
11.68.095
11.68.100
Settlement without court intervention—Petition—Conditions—Exceptions.
Hearing on petition for nonintervention powers.
Petition for nonintervention powers—Notice requirements—
Exceptions.
Objections to granting of nonintervention powers—Restrictions.
Death, resignation, or disablement of personal representative—Successor to administer nonintervention powers—
Petition.
Report of affairs of estate—Petition by beneficiary—Filing—
Notice—Hearing—Other accounting and information.
Procedure when personal representative recreant to trust or
subject to removal.
Vacation or restriction of nonintervention powers following
insolvency—Notice—Determinations affecting prior grants
of nonintervention powers upon petition—Endorsement on
prior orders.
Powers of personal representative under nonintervention
will—Scope—Relief from duties, restrictions, liabilities by
will.
Co-personal representatives—Powers.
Closing of estate—Alternative decrees—Notice—Hearing—
Fees.
[Title 11 RCW—page 56]
11.68.110
11.68.112
11.68.114
11.68.120
11.68.900
Declaration of completion of probate—Contents—Notice—
Discharge of personal representative—Waiver of notice.
Final distribution upon declaration and notice of filing of declaration of completion of probate—Special powers of personal representative—Discharge from liability.
Declaration of completion of probate—Special powers of personal representative to hold reserve and deal with taxing
authorities—Notice of filing of declaration—Discharge
from liability.
Nonintervention powers not deemed waived by obtaining
order or decree.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
11.68.011 Settlement without court intervention—
Petition—Conditions—Exceptions. (1) A personal representative may petition the court for nonintervention powers,
whether the decedent died testate or intestate.
(2) Unless the decedent has specified in the decedent’s
will, if any, that the court not grant nonintervention powers to
the personal representative, the court shall grant nonintervention powers to a personal representative who petitions for the
powers if the court determines that the decedent’s estate is
solvent, taking into account probate and nonprobate assets,
and that:
(a) The petitioning personal representative was named in
the decedent’s probated will as the personal representative;
(b) The decedent died intestate, the petitioning personal
representative is the decedent’s surviving spouse or surviving
domestic partner, the decedent’s estate is composed of community property only, and the decedent had no issue: (i) Who
is living or in gestation on the date of the petition; (ii) whose
identity is reasonably ascertainable on the date of the petition; and (iii) who is not also the issue of the petitioning
spouse or petitioning domestic partner; or
(c) The personal representative was not a creditor of the
decedent at the time of the decedent’s death and the administration and settlement of the decedent’s will or estate with
nonintervention powers would be in the best interests of the
decedent’s beneficiaries and creditors. However, the administration and settlement of the decedent’s will or estate with
nonintervention powers will be presumed to be in the beneficiaries’ and creditors’ best interest until a person entitled to
notice under RCW 11.68.041 rebuts that presumption by
coming forward with evidence that the grant of nonintervention powers would not be in the beneficiaries’ or creditors’
best interests.
(3) The court may base its findings of facts necessary for
the grant of nonintervention powers on: (a) Statements of
witnesses appearing before the court; (b) representations contained in a verified petition for nonintervention powers, in an
inventory made and returned upon oath into the court, or in an
affidavit filed with the court; or (c) other proof submitted to
the court. [2008 c 6 § 925; 1997 c 252 § 59.]
11.68.011
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Additional notes found at www.leg.wa.gov
11.68.021 Hearing on petition for nonintervention
powers. A hearing on a petition for nonintervention powers
may be held at the time of the appointment of the personal
representative or at any later time. [1997 c 252 § 60.]
11.68.021
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Settlement of Estates Without Administration
11.68.041 Petition for nonintervention powers—
Notice requirements—Exceptions. (1) Advance notice of
the hearing on a petition for nonintervention powers referred
to in RCW 11.68.011 is not required in those circumstances
in which the court is required to grant nonintervention powers under RCW 11.68.011(2) (a) and (b).
(2) In all other cases, if the petitioner wishes to obtain
nonintervention powers, the personal representative shall
give notice of the petitioner’s intention to apply to the court
for nonintervention powers to all heirs, all beneficiaries of a
gift under the decedent’s will, and all persons who have
requested, and who are entitled to, notice under RCW
11.28.240, except that:
(a) A person is not entitled to notice if the person has, in
writing, either waived notice of the hearing or consented to
the grant of nonintervention powers; and
(b) An heir who is not also a beneficiary of a gift under a
will is not entitled to notice if the will has been probated and
the time for contesting the validity of the will has expired.
(3) The notice required by this section must be either
personally served or sent by regular mail at least ten days
before the date of the hearing, and proof of mailing of the
notice must be by affidavit filed in the cause. The notice must
contain the decedent’s name, the probate cause number, the
name and address of the personal representative, and must
state in substance as follows:
(a) The personal representative has petitioned the superior court of the state of Washington for . . . . . county, for the
entry of an order granting nonintervention powers and a hearing on that petition will be held on . . . . ., the . . . . . day of
. . . . ., . . . ., at . . . . . o’clock, . . M.;
(b) The petition for an order granting nonintervention
powers has been filed with the court;
(c) Following the entry by the court of an order granting
nonintervention powers, the personal representative is entitled to administer and close the decedent’s estate without further court intervention or supervision; and
(d) A person entitled to notice has the right to appear at
the time of the hearing on the petition for an order granting
nonintervention powers and to object to the granting of nonintervention powers to the personal representative.
(4) If notice is not required, or all persons entitled to
notice have either waived notice of the hearing or consented
to the entry of an order granting nonintervention powers as
provided in this section, the court may hear the petition for an
order granting nonintervention powers at any time. [1997 c
252 § 61.]
11.68.041
Additional notes found at www.leg.wa.gov
11.68.050 Objections to granting of nonintervention
powers—Restrictions. (1) If at the time set for the hearing
upon a petition for nonintervention powers, any person entitled to notice of the hearing on the petition under RCW
11.68.041 shall appear and object to the granting of nonintervention powers to the personal representative of the estate,
the court shall consider the objections, if any, in connection
with its determination under RCW 11.68.011(2)(c) of
whether a grant of nonintervention powers would be in the
best interests of the decedent’s beneficiaries.
(2) The nonintervention powers of a personal representative may not be restricted at a hearing on a petition for nonin11.68.050
(2010 Ed.)
11.68.070
tervention powers in which the court is required to grant nonintervention powers under RCW 11.68.011(2) (a) and (b),
unless a will specifies that the nonintervention powers of a
personal representative may be restricted when the powers
are initially granted. In all other cases, including without limitation any hearing on a petition that alleges that the personal
representative has breached its duties to the beneficiaries of
the estate, the court may restrict the powers of the personal
representative in such manner as the court determines to be in
the best interests of the decedent’s beneficiaries. [1997 c 252
§ 62; 1977 ex.s. c 234 § 21; 1974 ex.s. c 117 § 17.]
Additional notes found at www.leg.wa.gov
11.68.060 Death, resignation, or disablement of personal representative—Successor to administer nonintervention powers—Petition. If any personal representative of
the estate of the decedent dies, resigns, or otherwise becomes
disabled from any cause from acting as the nonintervention
personal representative, the successor personal representative, or a person who has petitioned to be appointed as a successor personal representative, may petition the court for
nonintervention powers, and the court shall act, in accordance with RCW 11.68.011 through 11.68.041 and
11.68.050. [1997 c 252 § 63; 1977 ex.s. c 234 § 22; 1974
ex.s. c 117 § 18.]
11.68.060
Additional notes found at www.leg.wa.gov
11.68.065 Report of affairs of estate—Petition by
beneficiary—Filing—Notice—Hearing—Other accounting and information. A beneficiary whose interest in an
estate has not been fully paid or distributed may petition the
court for an order directing the personal representative to
deliver a report of the affairs of the estate signed and verified
by the personal representative. The petition may be filed at
any time after one year from the day on which the report was
last delivered, or, if none, then one year after the order
appointing the personal representative. Upon hearing of the
petition after due notice as required in RCW 11.96A.110, the
court may, for good cause shown, order the personal representative to deliver to the petitioner the report for any period
not covered by a previous report. The report for the period
shall include such of the following as the court may order: A
description of the amount and nature of all property, real and
personal, that has come into the hands of the personal representative; a statement of all property collected and paid out or
distributed by the personal representative; a statement of
claims filed and allowed against the estate and those rejected;
any estate, inheritance, or fiduciary income tax returns filed
by the personal representative; and such other information as
the order may require. This subsection does not limit any
power the court might otherwise have at any time during the
administration of the estate to require the personal representative to account or furnish other information to any person
interested in the estate. [1999 c 42 § 614; 1997 c 252 § 64.]
11.68.065
Additional notes found at www.leg.wa.gov
11.68.070 Procedure when personal representative
recreant to trust or subject to removal. If any personal
representative who has been granted nonintervention powers
fails to execute his or her trust faithfully or is subject to
11.68.070
[Title 11 RCW—page 57]
11.68.080
Title 11 RCW: Probate and Trust Law
removal for any reason specified in RCW 11.28.250 as now
or hereafter amended, upon petition of any unpaid creditor of
the estate who has filed a claim or any heir, devisee, legatee,
or of any person on behalf of any incompetent heir, devisee,
or legatee, such petition being supported by affidavit which
makes a prima facie showing of cause for removal or restriction of powers, the court shall cite such personal representative to appear before it, and if, upon hearing of the petition it
appears that said personal representative has not faithfully
discharged said trust or is subject to removal for any reason
specified in RCW 11.28.250 as now or hereafter amended,
then, in the discretion of the court the powers of the personal
representative may be restricted or the personal representative may be removed and a successor appointed. In the event
the court shall restrict the powers of the personal representative in any manner, it shall endorse the words "Powers
restricted" upon the original order of solvency together with
the date of said endorsement, and in all such cases the cost of
the citation, hearing, and reasonable attorney’s fees may be
awarded as the court determines. [2010 c 8 § 2057; 1977
ex.s. c 234 § 23; 1974 ex.s. c 117 § 19.]
Additional notes found at www.leg.wa.gov
11.68.080
11.68.080 Vacation or restriction of nonintervention
powers following insolvency—Notice—Determinations
affecting prior grants of nonintervention powers upon
petition—Endorsement on prior orders. (1) Within ten
days after the personal representative has received from
alleged creditors under chapter 11.40 RCW claims that have
an aggregate face value that, when added to the other debts
and to the taxes and expenses of greater priority under applicable law, would appear to cause the estate to be insolvent,
the personal representative shall notify in writing all beneficiaries under the decedent’s will and, if any of the decedent’s
property will pass according to the laws of intestate succession, all heirs, together with any unpaid creditors, other than
a creditor whose claim is then barred under chapter 11.40
RCW or the otherwise applicable statute of limitations, that
the estate might be insolvent. The personal representative
shall file a copy of the written notice with the court.
(2) Within ten days after an estate becomes insolvent, the
perso nal representativ e sh all petitio n und er RCW
11.96A.080 for a determination of whether the court should
reaffirm, rescind, or restrict in whole or in part any prior grant
of nonintervention powers. Notice of the hearing must be
given in accordance with RCW 11.96A.110.
(3) If, upon a petition under RCW 11.96A.080 of any
personal representative, beneficiary under the decedent’s
will, heir if any of the decedent’s property passes according
to the laws of intestate succession, or any unpaid creditor
with a claim that has been accepted or judicially determined
to be enforceable, the court determines that the decedent’s
estate is insolvent, the court shall reaffirm, rescind, or restrict
in whole or in part any prior grant of nonintervention powers
to the extent necessary to protect the best interests of the beneficiaries and creditors of the estate.
(4) If the court rescinds or restricts a prior grant of nonintervention powers, the court shall endorse the term "powers
rescinded" or "powers restricted" upon the prior order
[Title 11 RCW—page 58]
together with the date of the endorsement. [1999 c 42 § 615;
1997 c 252 § 65; 1977 ex.s. c 234 § 24; 1974 ex.s. c 117 § 20.]
Additional notes found at www.leg.wa.gov
11.68.090 Powers of personal representative under
nonintervention will—Scope—Relief from duties, restrictions, liabilities by will. (1) Any personal representative acting under nonintervention powers may borrow money on the
general credit of the estate and may mortgage, encumber,
lease, sell, exchange, convey, and otherwise have the same
powers, and be subject to the same limitations of liability,
that a trustee has under RCW 11.98.070 and chapters 11.100
and 11.102 RCW with regard to the assets of the estate, both
real and personal, all without an order of court and without
notice, approval, or confirmation, and in all other respects
administer and settle the estate of the decedent without intervention of court. Except as otherwise specifically provided
in this title or by order of court, a personal representative acting under nonintervention powers may exercise the powers
granted to a personal representative under chapter 11.76
RCW but is not obligated to comply with the duties imposed
on personal representatives by that chapter. A party to such a
transaction and the party’s successors in interest are entitled
to have it conclusively presumed that the transaction is necessary for the administration of the decedent’s estate.
(2) Except as otherwise provided in chapter 11.108
RCW or elsewhere in order to preserve a marital deduction
from estate taxes, a testator may by a will relieve the personal
representative from any or all of the duties, restrictions, and
liabilities imposed: Under common law; by chapters 11.54,
11.56, 11.100, 11.102, and 11.104A RCW; or by RCW
11.28.270 and 11.28.280, 11.68.095, and 11.98.070. In addition, a testator may likewise alter or deny any or all of the
privileges and powers conferred by this title, and may add
duties, restrictions, liabilities, privileges, or powers to those
imposed or granted by this title. If any common law or any
statute referenced earlier in this subsection is in conflict with
a will, the will controls whether or not specific reference is
made in the will to this section. However, notwithstanding
the rest of this subsection, a personal representative may not
be relieved of the duty to act in good faith and with honest
judgment. [2003 c 254 § 3; 1997 c 252 § 66; 1988 c 29 § 3;
1985 c 30 § 7. Prior: 1984 c 149 § 10; 1974 ex.s. c 117 § 21.]
11.68.090
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.68.095 Co-personal representatives—Powers. All
of the provisions of RCW 11.98.016 regarding the exercise of
powers by co-trustees of a trust shall apply to the co-personal
representatives of an estate in which the co-personal representatives have been granted nonintervention powers, as if,
for purposes of the interpretation of that law, co-personal representatives were co-trustees and an estate were a trust.
[1997 c 252 § 67.]
11.68.095
Additional notes found at www.leg.wa.gov
11.68.100 Closing of estate—Alternative decrees—
Notice—Hearing—Fees. (1) When the estate is ready to be
closed, the court, upon application by the personal represen11.68.100
(2010 Ed.)
Settlement of Estates Without Administration
tative who has nonintervention powers, shall have the authority and it shall be its duty, to make and cause to be entered a
decree which either:
(a) Finds and adjudges that all approved claims of the
decedent have been paid, finds and adjudges the heirs of the
decedent or those persons entitled to take under his or her
will, and distributes the property of the decedent to the persons entitled thereto; or
(b) Approves the accounting of the personal representative and settles the estate of the decedent in the manner provided for in the administration of those estates in which the
personal representative has not acquired nonintervention
powers.
(2) Either decree provided for in this section shall be
made after notice given as provided for in the settlement of
estates by a personal representative who has not acquired
nonintervention powers. The petition for either decree provided for in this section shall state the fees paid or proposed
to be paid to the personal representative, his or her attorneys,
accountants, and appraisers, and any heir, devisee, or legatee
whose interest in the assets of a decedent’s estate would be
reduced by the payment of said fees shall receive a copy of
said petition with the notice of hearing thereon; at the request
of the personal representative or any said heir, devisee, or
legatee, the court shall, at the time of the hearing on either
petition, determine the reasonableness of said fees. The court
shall take into consideration all criteria forming the basis for
the determination of the amount of such fees as contained in
the code of professional responsibility; in determining the
reasonableness of the fees charged by any personal representative, accountants, and appraisers the court shall take into
consideration the criteria forming the basis for the determination of attorney’s fees, to the extent applicable, and any other
factors which the court determines to be relevant in the determination of the amount of fees to be paid to such personal
representative. [2010 c 8 § 2058; 1977 ex.s. c 234 § 25; 1974
ex.s. c 117 § 22.]
Additional notes found at www.leg.wa.gov
11.68.110
11.68.110 Declaration of completion of probate—
Contents—Notice—Discharge of personal representative—Waiver of notice. (1) If a personal representative who
has acquired nonintervention powers does not apply to the
court for either of the final decrees provided for in RCW
11.68.100 as now or hereafter amended, the personal representative shall, when the administration of the estate has been
completed, file a declaration that must state as follows:
(a) The date of the decedent’s death and the decedent’s
residence at the time of death;
(b) Whether or not the decedent died testate or intestate;
(c) If the decedent died testate, the date of the decedent’s
last will and testament and the date of the order probating the
will;
(d) That each creditor’s claim which was justly due and
properly presented as required by law has been paid or otherwise disposed of by agreement with the creditor, and that the
amount of estate taxes due as the result of the decedent’s
death has been determined, settled, and paid;
(2010 Ed.)
11.68.110
(e) That the personal representative has completed the
administration of the decedent’s estate without court intervention, and the estate is ready to be closed;
(f) If the decedent died intestate, the names, addresses (if
known), and relationship of each heir of the decedent,
together with the distributive share of each heir; and
(g) The amount of fees paid or to be paid to each of the
following: (i) Personal representative or representatives; (ii)
lawyer or lawyers; (iii) appraiser or appraisers; and (iv)
accountant or accountants; and that the personal representative believes the fees to be reasonable and does not intend to
obtain court approval of the amount of the fees or to submit
an estate accounting to the court for approval.
(2) Subject to the requirement of notice as provided in
this section, unless an heir, devisee, or legatee of a decedent
petitions the court either for an order requiring the personal
representative to obtain court approval of the amount of fees
paid or to be paid to the personal representative, lawyers,
appraisers, or accountants, or for an order requiring an
accounting, or both, within thirty days from the date of filing
a declaration of completion of probate, the personal representative will be automatically discharged without further order
of the court and the representative’s powers will cease thirty
days after the filing of the declaration of completion of probate, and the declaration of completion of probate shall, at
that time, be the equivalent of the entry of a decree of distribution in accordance with chapter 11.76 RCW for all legal
intents and purposes.
(3) Within five days of the date of the filing of the declaration of completion, the personal representative or the personal representative’s lawyer shall mail a copy of the declaration of completion to each heir, legatee, or devisee of the
decedent, who: (a) Has not waived notice of the filing, in
writing, filed in the cause; and (b) either has not received the
full amount of the distribution to which the heir, legatee, or
devisee is entitled or has a property right that might be
affected adversely by the discharge of the personal representative under this section, together with a notice which shall be
substantially as follows:
CAPTION
OF
CASE
NOTICE OF FILING OF
DECLARATION OF COMPLETION
OF PROBATE
NOTICE IS GIVEN that the attached Declaration of
Completion of Probate was filed by the undersigned in the
above-entitled court on the . . . . day of . . . . . ., 19 . . .;
unless you shall file a petition in the above-entitled court
requesting the court to approve the reasonableness of the
fees, or for an accounting, or both, and serve a copy thereof
upon the personal representative or the personal representative’s lawyer, within thirty days after the date of the filing,
the amount of fees paid or to be paid will be deemed reasonable, the acts of the personal representative will be
deemed approved, the personal representative will be automatically discharged without further order of the court, and
the Declaration of Completion of Probate will be final and
deemed the equivalent of a Decree of Distribution entered
under chapter 11.76 RCW.
[Title 11 RCW—page 59]
11.68.112
Title 11 RCW: Probate and Trust Law
If you file and serve a petition within the period specified, the undersigned will request the court to fix a time and
place for the hearing of your petition, and you will be notified of the time and place thereof, by mail, or personal service, not less than ten days before the hearing on the petition.
Dated this . . . . day of . . . . . ., 19 . . .
...............................
Personal Representative
(4) If all heirs, devisees, and legatees of the decedent
entitled to notice under this section waive, in writing, the
notice required by this section, the personal representative
will be automatically discharged without further order of the
court and the declaration of completion of probate will
become effective as a decree of distribution upon the date of
filing thereof. In those instances where the personal representative has been required to furnish bond, and a declaration
of completion is filed pursuant to this section, any bond furnished by the personal representative shall be automatically
discharged upon the discharge of the personal representative.
[1998 c 292 § 202; 1997 c 252 § 68; 1990 c 180 § 5; 1985 c
30 § 8. Prior: 1984 c 149 § 11; 1977 ex.s. c 234 § 26; 1974
ex.s. c 117 § 23.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.68.112 Final distribution upon declaration and
notice of filing of declaration of completion of probate—
Special powers of personal representative—Discharge
from liability. If the declaration of completion of probate
and the notice of filing of declaration of completion of probate state that the personal representative intends to make
final distribution within five business days after the final date
on which a beneficiary could petition for an order to approve
fees or to require an accounting, which date is referred to in
this section as the "effective date of the declaration of completion," and if the notice of filing of declaration of completion of probate sent to each beneficiary who has not received
everything to which that beneficiary is entitled from the decedent’s estate specifies the amount of the minimum distribution to be made to that beneficiary, the personal representative retains, for five business days following the effective
date of the declaration of completion, the power to make the
stated minimum distributions. In this case, the personal representative is discharged from all claims other than those relating to the actual distribution of the reserve, at the effective
date of the declaration of completion. The personal representative is only discharged from liability for the distribution of
the reserve when the whole reserve has been distributed and
each beneficiary has received at least the distribution which
that beneficiary’s notice stated that the beneficiary would
receive. [1997 c 252 § 69.]
11.68.112
Additional notes found at www.leg.wa.gov
11.68.114 Declaration of completion of probate—
Special powers of personal representative to hold reserve
and deal with taxing authorities—Notice of filing of declaration—Discharge from liability. (1) The personal repre11.68.114
[Title 11 RCW—page 60]
sentative retains the powers to: Deal with the taxing authority of any federal, state, or local government; hold a reserve
in an amount not to exceed three thousand dollars, for the
determination and payment of any additional taxes, interest,
and penalties, and of all reasonable expenses related directly
or indirectly to such determination or payment; pay from the
reserve the reasonable expenses, including compensation for
services rendered or goods provided by the personal representative or by the personal representative’s employees, independent contractors, and other agents, in addition to any
taxes, interest, or penalties assessed by a taxing authority;
receive and hold any credit, including interest, from any taxing authority; and distribute the residue of the reserve to the
intended beneficiaries of the reserve; if:
(a) In lieu of the statement set forth in RCW
11.68.110(1)(e), the declaration of completion of probate
states that:
The personal representative has completed the
administration of the decedent’s estate without court
intervention, and the estate is ready to be closed,
except for the determination of taxes and of interest
and penalties thereon as permitted under this section;
and
(b) The notice of the filing of declaration of completion
of probate must be in substantially the following form:
CAPTION
OF
CASE
NOTICE OF FILING OF
DECLARATION OF COMPLETION
OF PROBATE
NOTICE IS GIVEN that the attached Declaration of Completion of Probate was filed by the
undersigned in the above-entitled court on the . . .
day of . . . . , . . . .; unless you file a petition in the
above-entitled court requesting the court to approve
the reasonableness of the fees, or for an accounting,
or both, and serve a copy thereof upon the personal
representative or the personal representative’s lawyer, within thirty days after the date of the filing:
(i) The schedule of fees set forth in the Declaration of Completion of Probate will be deemed reasonable;
(ii) The Declaration of Completion of Probate
will be final and deemed the equivalent of a Decree
of Distribution entered under chapter 11.76 RCW;
(iii) The acts that the personal representative
performed before the Declaration of Completion of
Probate was filed will be deemed approved, and the
personal representative will be automatically discharged without further order of the court with
respect to all such acts; and
(iv) The personal representative will retain the
power to deal with the taxing authorities, together
with $. . . . for the determination and payment of all
remaining tax obligations. Only that portion of the
reserve that remains after the settlement of any tax
liability, and the payment of any expenses associated with such settlement, will be distributed to the
persons legally entitled to the reserve.
(2010 Ed.)
Distribution Before Settlement
(2) If the requirements in subsection (1) of this section
are met, the personal representative is discharged from all
claims other than those relating to the settlement of any tax
obligations and the actual distribution of the reserve, at the
effective date of the declaration of completion. The personal
representative is discharged from liability from the settlement
of any tax obligations and the distribution of the reserve, and
the personal representative’s powers cease, thirty days after
the personal representative has mailed to those persons who
would have shared in the distribution of the reserve had the
reserve remained intact and has filed with the court copies of
checks or receipts showing how the reserve was in fact distributed, unless a person with an interest in the reserve petitions the court earlier within the thirty-day period for an order
requiring an accounting of the reserve or an order determining the reasonableness, or lack of reasonableness, of distributions made from the reserve. If the personal representative
has been required to furnish a bond, any bond furnished by
the personal representative is automatically discharged upon
the final discharge of the personal representative. [1998 c
292 § 203; 1997 c 252 § 70.]
Additional notes found at www.leg.wa.gov
11.68.120 Nonintervention powers not deemed
waived by obtaining order or decree. A personal representative who has acquired nonintervention powers in accordance with this chapter shall not be deemed to have waived
his or her nonintervention powers by obtaining any order or
decree during the course of his or her administration of the
estate. [2010 c 8 § 2059; 1974 ex.s. c 117 § 24.]
11.68.120
Chapter 11.76
distributee who consents to it, possession of any specific real
or personal property to which he or she is entitled under the
terms of the will or by intestacy, provided that other distributees and claimants are not prejudiced thereby. The court may
at any time prior to the decree of final distribution order him
or her to return such property to the personal representative,
if it is for the best interests of the estate. The court may
require the distributee to give security for such return. [2010
c 8 § 2060; 1965 c 145 § 11.72.002.]
11.72.006 Decree of partial distribution—Distribution of part of estate. After the expiration of the time limited
for the filing of claims and before final settlement of the
accounts of the personal representative, a partial distribution
may be decreed, with notice to interested persons, as the court
may direct. Such distribution shall be as conclusive as a
decree of final distribution with respect to the estate distributed except to the extent that other distributees and claimants
are deprived of the fair share or amount which they would
otherwise receive on final distribution. Before a partial distribution is so decreed, the court may require that security be
given for the return of the property so distributed to the extent
necessary to satisfy any distributees and claimants who may
be prejudiced as aforesaid by the distribution. In the event of
a request for a partial distribution asked by a person other
than the personal representative of the estate, the costs of
such proceedings and a reasonable allowance for attorneys
fees shall be assessed against the applicant or applicants for
the benefit of the estate. [1965 c 145 § 11.72.006. Formerly
RCW 11.72.010 through 11.72.070.]
11.72.006
Additional notes found at www.leg.wa.gov
Chapter 11.76
11.68.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 34.]
11.68.900
Chapter 11.72 RCW
DISTRIBUTION BEFORE SETTLEMENT
Chapter 11.72
Sections
11.72.002
11.72.006
Delivery of specific property to distributee before final decree.
Decree of partial distribution—Distribution of part of estate.
11.72.002 Delivery of specific property to distributee
before final decree. Upon application of the personal representative, with or without notice as the court may direct, the
court may order the personal representative to deliver to any
11.72.002
(2010 Ed.)
Chapter 11.76 RCW
SETTLEMENT OF ESTATES
Sections
11.76.010
11.76.020
11.76.030
11.76.040
11.76.050
11.76.060
11.76.070
11.76.080
11.76.095
11.76.100
11.76.110
11.76.120
11.76.130
11.76.150
11.76.160
11.76.170
11.76.180
11.76.190
11.76.200
11.76.210
11.76.220
11.76.230
11.76.240
11.76.243
11.76.245
11.76.247
11.76.250
Report of personal representative—Contents—Interim
reports.
Notice of hearing—Settlement of report.
Final report and petition for distribution—Contents.
Time and place of hearing—Notice.
Hearing on final report—Decree of distribution.
Continuance to cite in sureties on bond when account incorrect.
Attorney’s fees to contestant of erroneous account or report.
Representation of incapacitated person by guardian ad litem or
limited guardian—Exception.
Distribution of estates to minors.
Receipts for expenses from personal representative.
Order of payment of debts.
Limitation on preference to mortgage or judgment.
Expense of monument.
Payment of claims where estate insufficient.
Liability of personal representative.
Action on claim not acted on—Contribution.
Order maturing claim not due.
Procedure on contingent and disputed claim.
Agent for absentee distributee.
Agent’s bond.
Sale of unclaimed estate—Remittance of proceeds to department of revenue.
Liability of agent.
Claimant to proceeds of sale.
Heirs may institute probate proceedings if no claimant
appears.
Procedure when claim made after time limitation.
When court retains jurisdiction after entry of decree of distribution.
Letters after final settlement.
[Title 11 RCW—page 61]
11.76.010
Title 11 RCW: Probate and Trust Law
Destruction of receipts for expenses under probate proceedings: RCW
36.23.065.
Estate and transfer taxes: Chapter 83.100 RCW.
11.76.010 Report of personal representative—Contents—Interim reports. Not less frequently than annually
from the date of qualification, unless a final report has theretofore been rendered, the personal representative shall make,
verify by his or her oath, and file with the clerk of the court a
report of the affairs of the estate. Such report shall contain a
statement of the claims filed and allowed and all those
rejected, and if it be necessary to sell, mortgage, lease, or
exchange any property for the purpose of paying debts or settling any obligations against the estate or expenses of administration or allowance to the family, he or she may in such
report set out the facts showing such necessity and ask for
such sale, mortgage, lease, or exchange; such report shall
likewise state the amount of property, real and personal,
which has come into his or her hands, and give a detailed
statement of all sums collected by him or her, and of all sums
paid out, and it shall state such other things and matters as
may be proper or necessary to give the court full information
regarding any transactions by him or her done or which
should be done. Such personal representative may at any
time, however, make, verify, and file any reports which in his
or her judgment would be proper or which the court may
order to be made. [2010 c 8 § 2061; 1965 c 145 § 11.76.010.
Prior: 1917 c 156 § 159; RRS § 1529; prior: Code 1881 §
1544; 1854 p 296 § 167.]
11.76.010
11.76.020 Notice of hearing—Settlement of report. It
shall not be necessary for the personal representative to give
any notice of the hearing of any report prior to the final
report, except as in RCW 11.28.240 provided, but the court
may require notice of the hearing of any such report. [1965 c
145 § 11.76.020. Prior: 1917 c 156 § 160; RRS § 1530.]
11.76.020
11.76.030 Final report and petition for distribution—Contents. When the estate shall be ready to be closed,
such personal representative shall make, verify, and file with
the court his or her final report and petition for distribution.
Such final report and petition shall, among other things, show
that the estate is ready to be settled and shall show any moneys collected since the previous report, and any property
which may have come into the hands of the personal representative since his or her previous report, and debts paid, and
generally the condition of the estate at that time. It shall likewise set out the names and addresses, as nearly as may be, of
all the legatees and devisees in the event there shall have been
a will, and the names and addresses, as nearly as may be, of
all the heirs who may be entitled to share in such estate, and
shall give a particular description of all the property of the
estate remaining undisposed of, and shall set out such other
matters as may tend to inform the court of the condition of the
estate, and it may ask the court for a settlement of the estate
and distribution of property and the discharge of the personal
representative. If the personal representative has been discharged without having legally closed the estate, without
having legally obtained an adjudication as to the heirs, or
without having legally procured a decree of distribution or
final settlement the court may in its discretion upon petition
11.76.030
[Title 11 RCW—page 62]
of any person interested, cause all such steps to be taken in
such estate as were omitted or defective. [2010 c 8 § 2062;
1965 c 145 § 11.76.030. Prior: 1917 c 156 § 161; RRS §
1531; prior: 1891 c 155 § 34; Code 1881 § 1556; 1873 p 305
§ 251; 1854 p 297 § 178.]
Discharge of personal representative for cause: RCW 11.28.160, 11.28.250.
11.76.040 Time and place of hearing—Notice. When
such final report and petition for distribution, or either, has
been filed, the court, or the clerk of the court, shall fix a day
for hearing it which must be at least twenty days subsequent
to the day of the publication as hereinafter provided. Notice
of the time and place fixed for the hearing shall be given by
the personal representative by publishing a notice thereof in a
legal newspaper published in the county for one publication
at least twenty days preceding the time fixed for the hearing.
It shall state in substance that a final report and petition for
distribution have, or either thereof has, been filed with the
clerk of the court and that the court is asked to settle such
report, distribute the property to the heirs or persons entitled
thereto, and discharge the personal representative, and it shall
give the time and place fixed for the hearing of such final
report and petition and shall be signed by the personal representative or the clerk of the court.
Whenever a final report and petition for distribution, or
either, shall have been filed in the estate of a decedent and a
day fixed for the hearing of the same, the personal representative of such estate shall, not less than twenty days before the
hearing, cause to be mailed a copy of the notice of the time
and place fixed for hearing to each heir, legatee, devisee and
distributee whose name and address are known to him or her,
and proof of such mailing shall be made by affidavit and filed
at or before the hearing. [2010 c 8 § 2063; 1969 c 70 § 3;
1965 c 145 § 11.76.040. Prior: 1955 c 205 § 13; 1919 c 31 §
1; 1917 c 156 § 162; RRS § 1532. FORMER PART OF
SECTION: re Notice of appointment as personal representative, now codified as RCW 11.28.237.]
11.76.040
Request for special notice of proceedings in probate—Prohibitions: RCW
11.28.240.
11.76.050 Hearing on final report—Decree of distribution. Upon the date fixed for the hearing of such final
report and petition for distribution, or either thereof, or any
day to which such hearing may have been adjourned by the
court, if the court be satisfied that the notice of the time and
place of hearing has been given as provided herein, it may
proceed to the hearing aforesaid. Any person interested may
file objections to the said report and petition for distribution,
or may appear at the time and place fixed for the hearing
thereof and present his or her objections thereto. The court
may take such testimony as to it appears proper or necessary
to determine whether the estate is ready to be settled, and
whether the transactions of the personal representative should
be approved, and to determine who are the legatees or heirs or
persons entitled to have the property distributed to them, and
the court shall, if it approves such report, and finds the estate
ready to be closed, cause to be entered a decree approving
such report, find and adjudge the persons entitled to the
remainder of the estate, and that all debts have been paid, and
by such decree shall distribute the real and personal property
to those entitled to the same. Upon the production of receipts
11.76.050
(2010 Ed.)
Settlement of Estates
from the beneficiaries or distributees for their portions of the
estate, the court shall, if satisfied with the correctness thereof,
adjudge the estate closed and discharge the personal representative.
The court may, upon such final hearing, partition among
the persons entitled thereto, the estate held in common and
undivided, and designate and distribute their respective
shares; or assign the whole or any part of said estate to one or
more of the persons entitled to share therein. The person or
persons to whom said estate is assigned shall pay or secure to
the other parties interested in said estate their just proportion
of the value thereof as determined by the court from the
appraisement, or from any other evidence which the court
may require.
If it shall appear to the court at or prior to any final hearing that the estate cannot be fairly divided, then the whole or
any part of said estate may be sold or mortgaged in the manner provided by law for the sale or mortgaging of property by
personal representatives and the proceeds thereof distributed
to the persons entitled thereto as provided in the final decree.
The court shall have the authority to make partition, distribution and settlement of all estates in any manner which to
the court seems right and proper, to the end that such estates
may be administered and distributed to the persons entitled
thereto. No estate shall be partitioned, nor sale thereof made
where partition is impracticable except upon a hearing before
the court and the court shall fix the values of the several
pieces or parcels to be partitioned at the time of making such
order of partition or sale; and may order the property sold and
the proceeds distributed, or may order partition and distribute
the several pieces or parcels, subject to such charges or burdens as shall be proper and equitable.
The provisions of this section shall be concurrent with
and not in derogation of other statutes as to partition of property or sale. [2010 c 8 § 2064; 1965 c 145 § 11.76.050. Prior:
1921 c 93 § 1; 1917 c 156 § 163; RRS § 1533; prior: Code
1881 § 1557; 1854 p 297 § 179.]
Partition: Chapter 7.52 RCW.
11.76.060 Continuance to cite in sureties on bond
when account incorrect. If, at any hearing upon any report
of any personal representative, it shall appear to the court
before which said proceeding is pending that said personal
representative has not fully accounted to the beneficiaries of
his or her trust and that said report should not be approved as
rendered, the court may continue said hearing to a day certain
and may cite the surety upon the bond of said personal representative to appear upon the date fixed in said citation and
show cause why the account should not be disapproved and
judgment entered for any deficiency against said personal
representative and the surety upon his or her bond. Said citation shall be personally served upon said surety in the manner
provided by law for the service of summons in civil actions
and shall be served not less than twenty days previous to said
hearing. At said hearing any interested party, including the
surety so cited, shall have the right to introduce any evidence
which shall be material to the matter before the court. If, at
said hearing, the report of said personal representative shall
not be approved and the court shall find that said personal
representative is indebted to the beneficiary of his or her trust
11.76.060
(2010 Ed.)
11.76.080
in any amount, the court may thereupon enter final judgment
against said personal representative and the surety upon his
or her bond, which judgment shall be enforceable in the same
manner and to the same extent as judgments in ordinary civil
actions. [2010 c 8 § 2065; 1965 c 145 § 11.76.060. Prior:
1937 c 28 § 1; RRS § 1590-1.]
11.76.070 Attorney’s fees to contestant of erroneous
account or report. If, in any probate or guardianship proceeding, any personal representative shall fail or neglect to
report to the court concerning his or her trust and any beneficiary or other interested party shall be reasonably required to
employ legal counsel to institute legal proceedings to compel
an accounting, or if an erroneous account or report shall be
rendered by any personal representative and any beneficiary
of said trust or other interested party shall be reasonably
required to employ legal counsel to resist said account or
report as rendered, and upon a hearing an accounting shall be
ordered, or the account as rendered shall not be approved, and
the said personal representative shall be charged with further
liability, the court before which said proceeding is pending
may, in its discretion, in addition to statutory costs, enter
judgment for reasonable attorney’s fees in favor of the person
or persons instituting said proceedings and against said personal representative, and in the event that the surety or sureties upon the bond of said personal representative be made a
party to said proceeding, then jointly against said surety and
said personal representative, which judgment shall be
enforced in the same manner and to the same extent as judgments in ordinary civil actions. [2010 c 8 § 2066; 1965 c 145
§ 11.76.070. Prior: 1937 c 28 § 2; RRS § 1590-2.]
11.76.070
Rules of court: SPR 98.12W.
11.76.080 Representation of incapacitated person by
guardian ad litem or limited guardian—Exception. If
there be any alleged incapacitated person as defined in RCW
11.88.010 interested in the estate who has no legally
appointed guardian or limited guardian, the court:
(1) At any stage of the proceeding in its discretion and
for such purpose or purposes as it shall indicate, may appoint;
and
(2) For hearings held under RCW 11.54.010, 11.68.041,
11.68.100, and 11.76.050 or for entry of an order adjudicating testacy or intestacy and heirship when no personal representative is appointed to administer the estate of the decedent,
shall appoint some disinterested person as guardian ad litem
to represent the allegedly incapacitated person with reference
to any petition, proceeding report, or adjudication of testacy
or intestacy without the appointment of a personal representative to administer the estate of decedent in which the
alleged incapacitated person may have an interest, who, on
behalf of the alleged incapacitated person, may contest the
same as any other person interested might contest it, and who
shall be allowed by the court reasonable compensation for his
or her services: PROVIDED, HOWEVER, That where a surviving spouse or surviving domestic partner is the sole beneficiary under the terms of a will, the court may grant a motion
by the personal representative to waive the appointment of a
guardian ad litem for a person who is the minor child of the
surviving spouse or surviving domestic partner and the dece11.76.080
[Title 11 RCW—page 63]
11.76.095
Title 11 RCW: Probate and Trust Law
dent and who is incapacitated solely for the reason of his or
her being under eighteen years of age. [2008 c 6 § 806; 1997
c 252 § 71; 1977 ex.s. c 80 § 15; 1974 ex.s. c 117 § 45; 1971
c 28 § 1; 1969 c 70 § 4; 1965 c 145 § 11.76.080. Prior: 1917
c 156 § 164; RRS § 1534; prior: Code 1881 § 1558; 1854 p
297 § 180.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Additional notes found at www.leg.wa.gov
(4) Debts having preference by the laws of the United
States.
(5) Taxes, or any debts or dues owing to the state.
(6) Judgments rendered against the deceased in his or her
lifetime which are liens upon real estate on which executions
might have been issued at the time of his or her death, and
debts secured by mortgages in the order of their priority.
(7) All other demands against the estate. [2010 c 8 §
2068; 1965 c 145 § 11.76.110. Prior: 1917 c 156 § 171; RRS
§ 1541; prior: Code 1881 § 1562; 1860 p 213 § 264; 1854 p
298 § 184.]
Borrowing on general credit of estate: RCW 11.56.280.
11.76.095 Distribution of estates to minors. When a
decree of distribution is made by the court in administration
upon a decedent’s estate or when distribution is made by a
personal representative under a nonintervention will and distribution is ordered under such decree or authorized under
such nonintervention will to a person under the age of eighteen years, it shall be required that:
(1) The money be deposited in a bank or trust company
or be invested in an account in an insured financial institution
for the benefit of the minor subject to withdrawal only upon
the order of the court in the original probate proceeding, or
upon said minor’s attaining the age of eighteen years and furnishing proof thereof satisfactory to the depositary;
(2) A general guardian shall be appointed and qualify
and the money or property be paid or delivered to such guardian prior to the discharge of the personal representative in the
original probate proceeding; or
(3) A custodian be selected and the money or property be
transferred to the custodian subject to chapter 11.114 RCW.
[1997 c 252 § 72; 1991 c 193 § 28; 1988 c 29 § 5; 1974 ex.s.
c 117 § 12; 1971 c 28 § 3; 1965 c 145 § 11.76.095.]
11.76.095
Additional notes found at www.leg.wa.gov
11.76.100 Receipts for expenses from personal representative. In rendering his or her accounts or reports the personal representative shall produce receipts or canceled
checks for the expenses and charges which he or she shall
have paid, which receipts shall be filed and remain in court
until the probate has been completed and the personal representative has been discharged; however, he or she may be
allowed any item of expenditure, not exceeding twenty dollars, for which no receipt is produced, if such item be supported by his or her own oath, but such allowances without
receipts shall not exceed the sum of three hundred dollars in
any one estate. [2010 c 8 § 2067; 1987 c 363 § 2; 1965 c 145
§ 11.76.100. Prior: 1917 c 156 § 170; RRS § 1540; prior:
Code 1881 § 1553; 1854 p 297 § 176.]
11.76.100
11.76.110 Order of payment of debts. After payment
of costs of administration the debts of the estate shall be paid
in the following order:
(1) Funeral expenses in such amount as the court shall
order.
(2) Expenses of the last sickness, in such amount as the
court shall order.
(3) Wages due for labor performed within sixty days
immediately preceding the death of decedent.
11.76.110
[Title 11 RCW—page 64]
Claims against estate: Chapter 11.40 RCW.
Sale, etc., of property—Priority as to realty or personalty: Chapter 11.10
RCW.
Tax constitutes debt—Priority of lien: RCW 82.32.240.
Wages, preference on death of employer: RCW 49.56.020.
11.76.120 Limitation on preference to mortgage or
judgment. The preference given in RCW 11.76.110 to a
mortgage or judgment shall only extend to the proceeds of the
property subject to the lien of such mortgage or judgment.
[1965 c 145 § 11.76.120. Prior: 1917 c 156 § 172; RRS §
1542; prior: 1897 c 22 § 1; Code 1881 § 1653; 1854 p 298 §
185.]
11.76.120
11.76.130 Expense of monument. Personal representatives of the estate of any deceased person are hereby authorized to expend a reasonable amount out of the estate of the
decedent to erect a monument or tombstone suitable to mark
the grave or crypt of the said decedent, and the expense
thereof shall be paid as the funeral expenses are paid. [1965
c 145 § 11.76.130. Prior: 1917 c 156 § 175; RRS § 1545;
prior: Code 1881 § 1555; 1875 p 127 § 1.]
11.76.130
11.76.150 Payment of claims where estate insufficient. If the estate shall be insufficient to pay the debts of any
class, each creditor shall be paid in proportion to his or her
claim, and no other creditor of any lower class shall receive
any payment until all those of the preceding class shall have
been fully paid. [2010 c 8 § 2069; 1965 c 145 § 11.76.150.
Prior: 1917 c 156 § 174; RRS § 1544; prior: Code 1881 §
1564; 1854 p 298 § 186.]
11.76.150
Appropriation to pay debts and expenses: Chapter 11.10 RCW.
Community property: Chapter 26.16 RCW.
Descent and distribution of real and personal estate: RCW 11.04.015.
Priority of sale, etc. as between realty and personalty: Chapter 11.10 RCW.
11.76.160 Liability of personal representative.
Whenever a decree shall have been made by the court for the
payment of creditors, the personal representative shall be personally liable to each creditor for his or her claim or the dividend thereon, except when his or her inability to make the
payment thereof from the property of the estate shall result
without fault upon his or her part. The personal representative shall likewise be liable on his or her bond to each creditor. [2010 c 8 § 2070; 1965 c 145 § 11.76.160. Prior: 1917
c 156 § 176; RRS § 1546; prior: 1891 c 155 § 35; Code 1881
§ 1568; 1854 p 299 § 190.]
11.76.160
(2010 Ed.)
Settlement of Estates
11.76.170 Action on claim not acted on—Contribution. If, after the accounts of the personal representative have
been settled and the property distributed, it shall appear that
there is a creditor or creditors whose claim or claims have
been duly filed and not paid or disallowed, the said claim or
claims shall not be a lien upon any of the property distributed,
but the said creditor or creditors shall have a cause of action
against the personal representative and his or her bond, for
such an amount as such creditor or creditors would have been
entitled to receive had the said claim been duly allowed and
paid, and shall also have a cause of action against the distributees and creditors for a contribution from them in proportion
to the amount which they have received. If the personal representative or his or her sureties be required to make any payment in this section provided for, he or she or they shall have
a right of action against said distributees and creditors to
compel them to contribute their just share. [2010 c 8 § 2071;
1965 c 145 § 11.76.170. Prior: 1917 c 156 § 177; RRS §
1547; prior: Code 1881 § 1569; 1860 p 214 § 271; 1854 p
299 § 191.]
11.76.170
11.76.243
11.76.220 Sale of unclaimed estate—Remittance of
proceeds to department of revenue. If the estate remains in
the hands of the agent unclaimed for three years, any property
not in the form of cash shall be sold under order of the court,
and all funds, after deducting a reasonable sum for expenses
and services of the agent, to be fixed by the court, shall be
paid into the county treasury. The county treasurer shall issue
triplicate receipts therefor, one of which shall be filed with
the county auditor, one with the court, and one with the
department of revenue. If the funds remain in the county treasury unclaimed for a period of four years and ninety days, the
county treasurer shall forthwith remit them to the department
of revenue for deposit in the state treasury in the fund in
which escheats and forfeitures are by law required to be
deposited. [1975 1st ex.s. c 278 § 10; 1965 c 145 §
11.76.220. Prior: 1955 ex.s. c 7 § 4; 1917 c 156 § 167; RRS
§ 1537.]
11.76.220
Escheats: Chapter 11.08 RCW.
Additional notes found at www.leg.wa.gov
11.76.230 Liability of agent. The agent shall be liable
on his or her bond for the care and preservation of the estate
while in his or her hands, and for the payment of the funds to
the county treasury, and may be sued thereon by any person
interested including the state. [2010 c 8 § 2074; 1965 c 145 §
11.76.230. Prior: 1955 ex.s. c 7 § 5; 1917 c 156 § 168; RRS
§ 1538.]
11.76.230
11.76.180 Order maturing claim not due. If there be
any claim not due the court may in its discretion, after hearing
upon such notice as may be determined by it, mature such
claim and direct that the same be paid in the due course of the
administration. [1965 c 145 § 11.76.180. Prior: 1917 c 156
§ 178; RRS § 1548; prior: Code 1881 § 1567; 1854 p 298 §
189.]
11.76.180
11.76.240 Claimant to proceeds of sale. During the
time the estate is held by the agent, or within four years after
it is delivered to the county treasury, claim may be made
thereto only by the absentee person or his or her legal representative, excepting that if it clearly appears that such person
died prior to the decedent in whose estate distribution was
made to him or her, but leaving lineal descendants surviving,
such lineal descendants may claim. If any claim to the estate
is made during the period specified above, the claimant shall
forthwith notify the department of revenue in writing of such
claim. The court, being first satisfied as to the right of such
person to the estate, and after the filing of a clearance from
the department of revenue, shall order the agent, or the
county treasurer, as the case may be, to forthwith deliver the
estate, or the proceeds thereof, if sold, to such person. [2010
c 8 § 2075; 1975 1st ex.s. c 278 § 11; 1965 c 145 § 11.76.240.
Prior: 1955 ex.s. c 7 § 6; 1917 c 156 § 169; RRS § 1539.]
11.76.240
11.76.190 Procedure on contingent and disputed
claim. If there be any contingent or disputed claim against
the estate, the amount thereof, or such part thereof as the
holder would be entitled to, if the claim were established or
absolute, shall be paid into the court, where it shall remain to
be paid over to the party when he or she shall become entitled
thereto; or if he or she fails to establish his or her claim, to be
paid over or distributed as the circumstances of the case may
require. [2010 c 8 § 2072; 1965 c 145 § 11.76.190. Prior:
1917 c 156 § 179; RRS § 1549; prior: Code 1881 § 1567;
1854 p 298 § 189.]
11.76.190
11.76.200 Agent for absentee distributee. When any
estate has been or is about to be distributed by decree of the
court as provided in this chapter, to any person who has not
been located, the court shall appoint an agent for the purpose
of representing the interests of such person and of taking possession and charge of said estate for the benefit of such
absentee person: PROVIDED, That no public official may
be appointed as agent under this section. [1965 c 145 §
11.76.200. Prior: 1955 ex.s. c 7 § 1; 1917 c 156 § 165; RRS
§ 1535.]
11.76.200
11.76.210 Agent’s bond. Such agent shall make, subscribe and file an oath for the faithful performance of his or
her duties, and shall give a bond to the state, to be approved
by the court, conditioned faithfully to manage and account
for such estate, before he or she shall be authorized to receive
any property of said estate. [2010 c 8 § 2073; 1965 c 145 §
11.76.210. Prior: 1955 ex.s. c 7 § 2; 1917 c 156 § 166; RRS
§ 1536.]
11.76.210
(2010 Ed.)
Additional notes found at www.leg.wa.gov
11.76.243 Heirs may institute probate proceedings if
no claimant appears. If no person appears to claim the
estate within four years after it is delivered to the county treasury, as provided by RCW 11.76.240, any heirs of the absentee person may institute probate proceedings on the estate of
such absentee within ninety days thereafter. The fact that no
claim has been made to the estate by the absentee person during the specified time shall be deemed prima facie proof of
the death of such person for the purpose of issuing letters of
administration in his or her estate. In the event letters of
administration are issued within the period provided above,
the county treasurer shall make payment of the funds held by
him or her to the administrator upon being furnished a certi11.76.243
[Title 11 RCW—page 65]
11.76.245
Title 11 RCW: Probate and Trust Law
fied copy of the letters of administration. [2010 c 8 § 2076;
1965 c 145 § 11.76.243. Prior: 1955 ex.s. c 7 § 7.]
11.76.245 Procedure when claim made after time
limitation. After any time limitation prescribed in RCW
11.76.220, 11.76.240 or 11.76.243, the absentee claimant
may, at any time, if the assets of the estate have not been
claimed under the provisions of RCW 11.76.240 and
11.76.243, notify the department of revenue of his or her
claim to the estate, and file in the court which had jurisdiction
of the original probate a petition claiming the assets of the
estate. The department of revenue may appear in answer to
such petition. Upon proof being made to the probate court
that the claimant is entitled to the estate assets, the court shall
render its judgment to that effect and the assets shall be paid
to the claimant without interest, upon appropriation made by
the legislature. [2010 c 8 § 2077; 1975 1st ex.s. c 278 § 12;
1965 c 145 § 11.76.245. Prior: 1955 ex.s. c 7 § 8.]
11.76.245
Additional notes found at www.leg.wa.gov
11.76.247 When court retains jurisdiction after entry
of decree of distribution. After the entry of the decree of
distribution in the probate proceedings the court shall retain
jurisdiction for the purpose of carrying out the provisions of
RCW 11.76.200, 11.76.210, 11.76.220, 11.76.230,
11.76.240, 11.76.243 and 11.76.245. [1965 c 145 §
11.76.247. Prior: 1955 ex.s. c 7 § 3.]
11.76.247
11.76.250 Letters after final settlement. A final settlement of the estate shall not prevent a subsequent issuance of
letters of administration, should other property of the estate
be discovered, or if it should become necessary and proper
from any cause that letters should be again issued. [1965 c
145 § 11.76.250. Prior: 1917 c 156 § 180; RRS § 1550; prior:
Code 1881 § 1603; 1854 p 304 § 224.]
11.76.250
Chapter 11.80
Chapter 11.80 RCW
ESTATES OF ABSENTEES
Sections
11.80.010
11.80.020
11.80.030
11.80.040
11.80.050
11.80.055
11.80.060
11.80.070
11.80.080
11.80.090
11.80.100
11.80.110
11.80.120
11.80.130
Petition—Notice—Hearing—Appointment of trustee.
Inventory and appraisement—Bond of trustee.
Reports of trustee.
Sale of property—Application of proceeds and income.
Allowance for support of dependents—Sale of property.
Continuation of absentee’s business—Performance of absentee’s contracts.
Removal or resignation of trustee—Final account.
Period of trusteeship.
Provisional distribution—Notice of hearing—Will.
Hearing—Distribution—Bond of distributees.
Final distribution—Notice of hearing—Decree.
Escheat for want of presumptive heirs.
Personnel missing in action, interned, or captured construed as
"absentee."
Summary procedure without full trustee proceeding—When
permitted—Application for order—Form.
Unknown heirs, etc.—Pleading, etc.: RCW 4.28.140 through 4.28.160;
Rules of court: CR 10.
Written finding of presumed death, missing in action, etc.: RCW 5.40.020
through 5.40.040.
11.80.010 Petition—Notice—Hearing—Appointment of trustee. Whenever it shall be made to appear by
petition to any judge of the superior court of any county that
11.80.010
[Title 11 RCW—page 66]
there is property in such county, either real or personal, that
requires care and attention, or is in such a condition that it is
a menace to the public health, safety or welfare, or that the
custodian of such property appointed by the owner thereof is
either unable or unwilling to continue longer in the care and
custody thereof, and that the owner of such property has
absented himself or herself from the county and that his or
her whereabouts is unknown and cannot with reasonable diligence be ascertained, or that the absentee owner is a person
defined in RCW 11.80.120, which petition shall state the
name of the absent owner, his or her approximate age, his or
her last known place of residence, the circumstances under
which he or she left and the place to which he or she was
going, if known, his or her business or occupation and his or
her physical appearance and habits so far as known, the judge
to whom such petition is presented shall set a time for hearing
such petition not less than six weeks from the date of filing,
and shall by order direct that a notice of such hearing be published for three successive weeks in a legal newspaper published in the county where such petition is filed and in such
other counties and states as will in the judgment of the court
be most likely to come to the attention of the absentee or of
persons who may know his or her whereabouts, which notice
shall state the object of the petition and the date of hearing,
and set forth such facts and circumstances as in the judgment
of the court will aid in identifying the absentee, and shall contain a request that all persons having knowledge concerning
the absentee shall advise the court of the facts: PROVIDED,
HOWEVER, That the court may, upon the filing of said petition, appoint a temporary trustee, who shall have the powers,
duties and qualifications of a special administrator.
If it shall appear at such hearing that the whereabouts of
the absentee is unknown, but there is reason to believe that
upon further investigation and inquiry he or she may be
found, the judge may continue the hearing and order such
inquiry and advertisement as will in his or her discretion be
liable to disclose the whereabouts of the absentee, but when it
shall appear to the judge at such hearing or any adjournment
thereof that the whereabouts of the absentee cannot be ascertained, he or she shall appoint a suitable person resident of the
county as trustee of such property, taking into consideration
the character of the property and the fitness of such trustee to
care for the same, preferring in such appointment the spouse
or the domestic partner of the absentee to his or her presumptive heirs, the presumptive heirs to kin more remote, the kin
to strangers, and creditors to those who are not otherwise
interested, provided they are fit persons to have the care and
custody of the particular property in question and will accept
the appointment and qualify as hereinafter provided. [2008 c
6 § 932; 1972 ex.s. c 83 § 1; 1965 c 145 § 11.80.010. Prior:
1915 c 39 § 1; RRS § 1715-1.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Special administrators: Chapter 11.32 RCW.
11.80.020 Inventory and appraisement—Bond of
trustee. The trustee so appointed shall make, subscribe and
file in the office of the clerk of the court an oath for the faithful performance of his or her duties, and shall, within such
time as may be fixed by the judge, prepare and file an inventory of such property, and the judge shall thereupon appoint a
11.80.020
(2010 Ed.)
Estates of Absentees
disinterested and qualified person to appraise such property,
and report his or her appraisement to the court within such
time as the court may fix. Upon the coming in of the inventory and appraisement, the judge shall fix the amount of the
bond to be given by the trustee, which bond shall in no case
be less than the appraised value of the personal property and
the annual rents and profits of the real property, and the
trustee shall thereupon file with the clerk of the court a good
and sufficient bond in the amount fixed and with surety to be
approved by the court, conditioned for the faithful performance of his or her duties as trustee, and for accounting for
such property, its rents, issues, profits, and increase. [2010 c
8 § 2078; 1967 c 168 § 15; 1965 c 145 § 11.80.020. Prior:
1915 c 39 § 2; RRS § 1715-2.]
11.80.030 Reports of trustee. The trustee shall, at the
expiration of one year from the date of his or her appointment
and annually thereafter and at such times as the court may
direct, make and file a report and account of his or her trusteeship, setting forth specifically the amounts received and
expended and the conditions of the property. [2010 c 8 §
2079; 1965 c 145 § 11.80.030. Prior: 1915 c 39 § 3; RRS §
1715-3.]
11.80.080
such estate, either community or separate, as the court shall
deem reasonable and necessary for the support and maintenance of such dependent or dependents, pending the return of
the absentee, or until such time as the property of said estate
may be provisionally distributed to the presumptive heirs or
to the devisees and legatees. Such allowance shall be paid by
the trustee to such persons and in such manner and at such
periods of time as the court may direct. For the purpose of
carrying out the provisions of this section the court may
direct the sale of any of the property of the estate, either real
or personal, in accordance with the provisions of RCW
11.80.040. [2008 c 6 § 933; 1965 c 145 § 11.80.050. Prior:
1925 ex.s. c 80 § 1; RRS § 1715-4a.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
11.80.030
11.80.040 Sale of property—Application of proceeds
and income. If necessary to pay debts against the absentee
which have been duly approved and allowed in the same form
and manner as provided for the approving and allowing of
claims against the estate of a deceased person or for such
other purpose as the court may deem proper for the preservation of the estate, the trustee may sell, lease, or mortgage real
or personal property of the estate under order of the court so
to do, which order shall specify the particular property
affected and the method, whether by public sale, private sale,
or by negotiation, and the terms thereof, and the trustee shall
hold the proceeds of such sale, after deducting the necessary
expenses thereof, subject to the order of the court. The
trustee is authorized and empowered to, by order of the court,
expend the proceeds received from the sale of such property,
and also the rents, issues, and profits accruing therefrom in
the care, maintenance, and upkeep of the property, so long as
the trusteeship shall continue, and the trustee shall receive out
of such property such compensation for his or her services
and those of his or her attorney as may be fixed by the court.
The notices and procedures in conducting sales, leases, and
mortgages hereunder shall be as provided in chapter 11.56
RCW. [2010 c 8 § 2080; 1965 c 145 § 11.80.040. Prior:
1915 c 39 § 4; RRS § 1715-4.]
11.80.055 Continuation of absentee’s business—Performance of absentee’s contracts. Upon a showing of
advantage to the estate of the absentee, the court may authorize the trustee to continue any business of the absentee in
accordance with the provisions of RCW 11.48.025. The
trustee may also obtain an order allowing the performance of
the absentee’s contracts in accordance with the provisions of
chapter 11.60 RCW. [1965 c 145 § 11.80.055.]
11.80.055
11.80.040
Rules of court: SPR 98.12W.
11.80.050 Allowance for support of dependents—
Sale of property. Whenever a petition is filed in said estate
from which it appears to the satisfaction of the court that the
owner of such property left a spouse or domestic partner,
child or children, dependent upon such absentee for support
or upon the property in the estate of such absentee, either in
whole or in part, the court shall hold a hearing on said petition, after such notice as the court may direct, and upon such
hearing shall enter such order as it deems advisable and may
order an allowance to be paid out of any of the property of
11.80.050
(2010 Ed.)
11.80.060 Removal or resignation of trustee—Final
account. The court shall have the power to remove or to
accept the resignation of such trustee and appoint another in
his or her stead. At the termination of his or her trust, as hereinafter provided or in case of his or her resignation or
removal, the trustee shall file a final account, which account
shall be settled in the manner provided by law for settling the
final accounts of personal representatives. [2010 c 8 § 2081;
1965 c 145 § 11.80.060. Prior: 1915 c 39 § 5; RRS § 17155.]
11.80.060
11.80.070 Period of trusteeship. Such trusteeship shall
continue until such time as the owner of such property shall
return or shall appoint a duly authorized agent or attorney-infact to care for such property, or until such time as the property shall be provisionally distributed to the presumptive
heirs, or to the devisees and legatees of the absentee as hereinafter provided, or until such time as the property shall
escheat to the state as hereinafter provided. [1965 c 145 §
11.80.070. Prior: 1915 c 39 § 6; RRS § 1715-6.]
11.80.070
11.80.080 Provisional distribution—Notice of hearing—Will. Whenever the owner of such property shall have
been absent from the county for the space of five years and
his or her whereabouts are unknown and cannot with reasonable diligence be ascertained, his or her presumptive heirs at
law may apply to the court for an order of provisional distribution of such property, and to be let into provisional possession thereof: PROVIDED, That such provisional distribution
may be made at any time prior to the expiration of five years,
when it shall be made to appear to the satisfaction of the court
that there are strong presumptions that the absentee is dead;
and in determining the question of presumptive death, the
court shall take into consideration the habits of the absentee,
the motives of and the circumstances surrounding the
11.80.080
[Title 11 RCW—page 67]
11.80.090
Title 11 RCW: Probate and Trust Law
absence, and the reasons which may have prevented the
absentee from being heard of.
Notice of hearing upon application for provisional distribution shall be published in like manner as notices for the
appointment of trustees are published.
If the absentee left a will in the possession of any person
such person shall present such will at the time of hearing of
the application for provisional distribution and if it shall be
made to appear to the court that the absentee has left a will
and the person in possession thereof shall fail to present it, a
citation shall issue requiring him or her so to do, and such
will shall be opened, read, proven, filed, and recorded in the
case, as are the wills of decedents. [2010 c 8 § 2082; 1965 c
145 § 11.80.080. Prior: 1915 c 39 § 7; RRS § 1715-7.]
Notice for appointment of trustees: RCW 11.80.010.
11.80.090
11.80.090 Hearing—Distribution—Bond of distributees. If it shall appear to the satisfaction of the court upon the
hearing of the application for provisional distribution that the
absentee has been absent and his or her whereabouts
unknown for the space of five years, or there are strong presumptions that he or she is dead, the court shall enter an order
directing that the property in the hands of the trustee shall be
provisionally distributed to the presumptive heirs, or to the
devisees and legatees under the will, as the case may be, upon
condition that such heirs, devisees, and legatees respectively
give and file in the court bonds with good and sufficient
surety to be approved by the court, conditioned for the return
of or accounting for the property provisionally distributed in
case the absentee shall return and demand the same, which
bonds shall be respectively in twice the amount of the value
of the personal property distributed, and in ten times the
amount of estimated annual rents, issues, and profits of any
real property so provisionally distributed. [2010 c 8 § 2083;
1965 c 145 § 11.80.090. Prior: 1915 c 39 § 8; RRS § 17158.]
11.80.100
11.80.100 Final distribution—Notice of hearing—
Decree. Whenever the owner of such property shall have
been absent from the county for a space of seven years and
his or her whereabouts are unknown and cannot with reasonable diligence be ascertained, his or her presumptive heirs at
law or the legatees and devisees under the will, as the case
may be, to whom the property has been provisionally distributed, may apply to the court for a decree of final distribution
of such property and satisfaction, discharge and exoneration
of the bonds given upon provisional distribution. Notice of
hearing of such application shall be given in the same manner
as notice of hearing of application for the appointment of
trustee and for provisional distribution and if at the final hearing it shall appear to the satisfaction of the court that the
owner of the property has been absent and unheard of for the
space of seven years and his or her whereabouts are
unknown, the court shall exonerate the bonds given on provisional distribution and enter a decree of final distribution, distributing the property to the presumptive heirs at law of the
absentee or to his or her devisees and legatees, as the case
may be. [2010 c 8 § 2084; 1965 c 145 § 11.80.100. Prior:
1915 c 39 § 9; RRS § 1715-9.]
[Title 11 RCW—page 68]
11.80.110
11.80.110 Escheat for want of presumptive heirs.
Whenever the owner of such property for which a trustee has
been appointed under the provisions of this chapter shall have
been absent and unheard of for a period of seven years and no
presumptive heirs at law have appeared and applied for the
provisional distribution of such property and no will of the
absentee has been presented and proven, the trustee
appointed under the provisions of the chapter shall apply to
the court for a final settlement of his or her account and upon
the settlement of such final account the property of the absentee shall be escheated in the manner provided by law for
escheating property of persons who die intestate leaving no
heirs. [2010 c 8 § 2085; 1965 c 145 § 11.80.110. Prior: 1915
c 39 § 10; RRS § 1715-10.]
Escheats: Chapter 11.08 RCW.
Uniform unclaimed property act: Chapter 63.29 RCW.
11.80.120
11.80.120 Personnel missing in action, interned, or
captured construed as "absentee." Any person serving in
or with the armed forces of the United States, in or with the
Red Cross, or in or with the merchant marine or otherwise,
during any period of time when a state of hostilities exists
between the United States and any other power and for one
year thereafter, who has been reported or listed as missing in
action, or interned in a neutral country, or captured by the
enemy, shall be an "absentee" within the meaning of this
chapter. [1972 ex.s. c 83 § 2.]
11.80.130
11.80.130 Summary procedure without full trustee
proceeding—When permitted—Application for order—
Form. (1) If the spouse or domestic partner of any absentee
owner, or his or her next of kin, if said absentee has no spouse
or domestic partner, shall wish to sell or transfer any property
of the absentee which has a gross value of less than five thousand dollars, or shall require the consent of the absentee in
any matter regarding the absentee’s children, or any other
matter in which the gross value of the subject matter is less
than five thousand dollars, such spouse or such domestic
partner or next of kin may apply to the superior court for an
order authorizing said sale, transfer, or consent without opening a full trustee proceeding as provided in this chapter. The
applicant may make the application without the assistance of
an attorney. Said application shall be made by petition on the
following form, which form shall be made readily available
to the applicant by the clerk of the superior court.
IN THE SUPERIOR COURT
OF THE STATE OF WASHINGTON IN AND FOR
THE COUNTY OF . . . . . .
. . . . . . . . . . . . . . . . . . .,
Plaintiff,
vs.
. . . . . . . . . . . . . . . . . . .,
Defendant.
...................
No. . . . .
PETITION FOR
SUMMARY
RELIEF
(2010 Ed.)
Inheritance Rights of Slayers or Abusers
Petitioner, . . . . . ., whose residence is . . . . . . . . ., and
. . . . . . . . ., Washington, and who is the . . . . . . of the
absentee, . . . . . ., states that the absentee has been
. . . . . . . . . since . . . . . ., when . . . . . . . . . Petitioner
desires to sell/transfer . . . . . . of the value of . . . . . .,
because . . . . . . . . . The terms of the sale/transfer are
. . . . . . . . . Petitioner requires the consent of the absentee
for the purpose of . . . . . . . . .
.......................
Petitioner
(Affidavit of Acknowledgment)
(2) The court may, without notice, enter an order on said
petition if it deems the relief requested in said petition necessary to protect the best interests of the absentee or his or her
dependents.
(3) Such order shall be prima facie evidence of the validity of the proceedings and the authority of the petitioner to
make a conveyance or transfer of the property or to give the
absentee’s consent in any manner described by subsection (1)
of this section. [2008 c 6 § 926; 1972 ex.s. c 83 § 3.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Chapter 11.84 RCW
INHERITANCE RIGHTS OF SLAYERS OR ABUSERS
Chapter 11.84
Sections
11.84.010
11.84.020
11.84.025
11.84.030
11.84.040
11.84.050
11.84.060
11.84.070
11.84.080
11.84.090
11.84.100
11.84.110
11.84.120
11.84.130
11.84.140
11.84.150
11.84.160
11.84.170
11.84.180
11.84.900
Definitions.
Slayer or abuser not to benefit from death.
Disposition of retirement system proceeds payable to slayer or
abuser.
Slayer or abuser deemed to predecease decedent.
Distribution of decedent’s property.
Distribution of property held jointly with slayer or abuser.
Reversion and vested remainder.
Property subject to divestment, etc.
Contingent remainders and future interests.
Property appointed—Powers of revocation or appointment.
Insurance proceeds.
Payment by insurance company, bank, etc.—No additional liability.
Rights of persons without notice dealing with slayer or abuser.
Record of conviction as evidence against claimant of property.
Slayer determination—Conviction—Preponderance of evidence.
Abuser determination—Conviction—Clear, cogent, and convincing evidence.
Abuser determination—Evidence factors.
Abuser—When entitled to property interest.
Application—Relation to other laws.
Chapter to be construed broadly.
11.84.010 Definitions. As used in this chapter:
(1) "Abuser" means any person who participates, either
as a principal or an accessory before the fact, in the willful
and unlawful financial exploitation of a vulnerable adult.
(2) "Decedent" means:
(a) Any person whose life is taken by a slayer; or
(b) Any deceased person who, at any time during life in
which he or she was a vulnerable adult, was the victim of
financial exploitation by an abuser.
(3) "Financial exploitation" has the same meaning as
provided in RCW 74.34.020, as enacted or hereafter
amended.
(4) "Property" includes any real and personal property
and any right or interest therein.
11.84.010
(2010 Ed.)
11.84.050
(5) "Slayer" means any person who participates, either as
a principal or an accessory before the fact, in the willful and
unlawful killing of any other person.
(6) "Vulnerable adult" has the same meaning as provided
in RCW 74.34.020. [2009 c 525 § 1; 1965 c 145 § 11.84.010.
Prior: 1955 c 141 § 1.]
11.84.020 Slayer or abuser not to benefit from death.
No slayer or abuser shall in any way acquire any property or
receive any benefit as the result of the death of the decedent,
but such property shall pass as provided in the sections following. [2009 c 525 § 2; 1965 c 145 § 11.84.020. Prior:
1955 c 141 § 2.]
11.84.020
11.84.025 Disposition of retirement system proceeds
payable to slayer or abuser. Proceeds payable to a slayer or
abuser as the beneficiary of any benefits flowing from one of
the retirement systems listed in RCW 41.50.030, by virtue of
the decedent’s membership in the department of retirement
systems or by virtue of the death of decedent, shall be paid
instead as designated in RCW 41.04.273. [2009 c 525 § 3;
1998 c 292 § 502.]
11.84.025
Additional notes found at www.leg.wa.gov
11.84.030 Slayer or abuser deemed to predecease
decedent. The slayer or abuser shall be deemed to have predeceased the decedent as to property which would have
passed from the decedent or his or her estate to the slayer or
abuser under the statutes of descent and distribution or have
been acquired by statutory right as surviving spouse or surviving domestic partner or under any agreement made with
the decedent under the provisions of RCW 26.16.120 as it
now exists or is hereafter amended. [2009 c 525 § 4; 2008 c
6 § 624; 1965 c 145 § 11.84.030. Prior: 1955 c 141 § 3.]
11.84.030
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
11.84.040 Distribution of decedent’s property. Property which would have passed to or for the benefit of the
slayer or abuser by devise or legacy from the decedent shall
be distributed as if he or she had predeceased the decedent.
[2009 c 525 § 5; 1965 c 145 § 11.84.040. Prior: 1955 c 141
§ 4.]
11.84.040
11.84.050 Distribution of property held jointly with
slayer or abuser. (1) One-half of any property held by the
slayer or abuser and the decedent as joint tenants, joint owners or joint obligees shall pass upon the death of the decedent
to his or her estate, and the other half shall pass to his or her
estate upon the death of the slayer or abuser, unless the slayer
or abuser obtains a separation or severance of the property or
a decree granting partition.
(2) As to property held jointly by three or more persons,
including the slayer or abuser and the decedent, any enrichment which would have accrued to the slayer or abuser as a
result of the death of the decedent shall pass to the estate of
the decedent. If the slayer or abuser becomes the final survivor, one-half of the property shall immediately pass to the
estate of the decedent and the other half shall pass to his or
her estate upon the death of the slayer or abuser, unless the
11.84.050
[Title 11 RCW—page 69]
11.84.060
Title 11 RCW: Probate and Trust Law
slayer or abuser obtains a separation or severance of the property or a decree granting partition.
(3) The provisions of this section shall not affect any
enforceable agreement between the parties or any trust arising because a greater proportion of the property has been contributed by one party than by the other. [2009 c 525 § 6; 1965
c 145 § 11.84.050. Prior: 1955 c 141 § 5.]
11.84.060 Reversion and vested remainder. Property
in which the slayer holds a reversion or vested remainder and
would have obtained the right of present possession upon the
death of the decedent shall pass to the estate of the decedent
during the period of the life expectancy of decedent; if he or
she held the particular estate or if the particular estate is held
by a third person it shall remain in his or her hands for such
period. [2010 c 8 § 2086; 1965 c 145 § 11.84.060. Prior:
1955 c 141 § 6.]
11.84.060
11.84.070 Property subject to divestment, etc. Any
interest in property whether vested or not, held by the slayer
or abuser, subject to be divested, diminished in any way or
extinguished, if the decedent survives him or her or lives to a
certain age, shall be held by the slayer or abuser during his or
her lifetime or until the decedent would have reached such
age, but shall then pass as if the decedent had died immediately thereafter. [2009 c 525 § 7; 1965 c 145 § 11.84.070.
Prior: 1955 c 141 § 7.]
11.84.070
11.84.080 Contingent remainders and future interests. As to any contingent remainder or executory or other
future interest held by the slayer or abuser, subject to become
vested in him or her or increased in any way for him or her
upon the condition of the death of the decedent:
(1) If the interest would not have become vested or
increased if he or she had predeceased the decedent, he or she
shall be deemed to have so predeceased the decedent;
(2) In any case the interest shall not be vested or
increased during the period of the life expectancy of the decedent. [2009 c 525 § 8; 1965 c 145 § 11.84.080. Prior: 1955
c 141 § 8.]
11.84.080
11.84.090 Property appointed—Powers of revocation or appointment. (1) Property appointed by the will of
the decedent to or for the benefit of the slayer or abuser shall
be distributed as if the slayer or abuser had predeceased the
decedent.
(2) Property held either presently or in remainder by the
slayer or abuser, subject to be divested by the exercise by the
decedent of a power of revocation or a general power of
appointment shall pass to the estate of the decedent, and
property so held by the slayer or abuser, subject to be
divested by the exercise by the decedent of a power of
appointment to a particular person or persons or to a class of
persons, shall pass to such person or persons, or in equal
shares to the members of such class of persons, exclusive of
the slayer or abuser. [2009 c 525 § 9; 1965 c 145 §
11.84.090. Prior: 1955 c 141 § 9.]
11.84.090
11.84.100 Insurance proceeds. (1) Insurance proceeds
payable to the slayer or abuser as the beneficiary or assignee
of any policy or certificate of insurance on the life of the
decedent, or as the survivor of a joint life policy, shall be paid
instead to the estate of the decedent, unless the policy or certificate designate some person other than the slayer or abuser
or his or her estate as secondary beneficiary to him or her and
in which case such proceeds shall be paid to such secondary
beneficiary in accordance with the applicable terms of the
policy.
(2) If the decedent is beneficiary or assignee of any policy or certificate of insurance on the life of the slayer or
abuser, the proceeds shall be paid to the estate of the decedent
upon the death of the slayer or abuser, unless the policy
names some person other than the slayer or abuser or his or
her estate as secondary beneficiary, or unless the slayer or
abuser by naming a new beneficiary or assigning the policy
performs an act which would have deprived the decedent of
his or her interest in the policy if he or she had been living.
[2009 c 525 § 10; 1965 c 145 § 11.84.100. Prior: 1955 c 141
§ 10.]
11.84.110
11.84.110 Payment by insurance company, bank,
etc.—No additional liability. Any insurance company making payment according to the terms of its policy or any bank
or other person performing an obligation for the slayer or
abuser as one of several joint obligees shall not be subjected
to additional liability by the terms of this chapter if such payment or performance is made without written notice, at its
home office or at an individual’s home or business address,
of the killing by a slayer or financial exploitation by an
abuser. [2009 c 525 § 11; 1965 c 145 § 11.84.110. Prior:
1955 c 141 § 11.]
11.84.120
11.84.120 Rights of persons without notice dealing
with slayer or abuser. The provisions of this chapter shall
not affect the rights of any person who, before the interests of
the slayer or abuser have been adjudicated, purchases or has
agreed to purchase, from the slayer or abuser for value and
without notice property which the slayer or abuser would
have acquired except for the terms of this chapter, but all proceeds received by the slayer or abuser from such sale shall be
held by him or her in trust for the persons entitled to the property under the provisions of this chapter, and the slayer or
abuser shall also be liable both for any portion of such proceeds which he or she may have dissipated and for any difference between the actual value of the property and the amount
of such proceeds. [2009 c 525 § 12; 1965 c 145 § 11.84.120.
Prior: 1955 c 141 § 12.]
11.84.130
11.84.130 Record of conviction as evidence against
claimant of property. Any record of conviction for having
participated in the willful and unlawful killing of the decedent or for conduct constituting financial exploitation against
the decedent, including but not limited to theft, forgery,
fraud, identity theft, robbery, burglary, or extortion, shall be
admissible in evidence against a claimant of property in any
civil proceeding arising under this chapter. [2009 c 525 § 13;
1965 c 145 § 11.84.130. Prior: 1955 c 141 § 13.]
11.84.100
[Title 11 RCW—page 70]
Evidence, proof of public documents: Chapter 5.44 RCW; Rules of court:
CR 44.
(2010 Ed.)
Disclaimer of Interests
11.84.140 Slayer determination—Conviction—Preponderance of evidence. (1) A final judgment of conviction
for the willful and unlawful killing of the decedent is conclusive for purposes of determining whether a person is a slayer
under this section.
(2) In the absence of a criminal conviction, a superior
court finding by a preponderance of the evidence that a person participated in the willful and unlawful killing of the
decedent is conclusive for purposes of determining whether a
person is a slayer under this section. [2009 c 525 § 14.]
11.84.140
11.86.011
(c) The degree of harm resulting from the abuser’s financial exploitation of the decedent. [2009 c 525 § 17.]
11.84.180 Application—Relation to other laws. The
provisions of this act are supplemental to, and do not derogate from, any other statutory or common law proceedings,
theories, or remedies including, but not limited to, the common law allocation of the burden of proof or production
among the parties. [2009 c 525 § 21.]
11.84.180
11.84.900 Chapter to be construed broadly. This
chapter shall be construed broadly to effect the policy of this
state that no person shall be allowed to profit by his or her
own wrong, wherever committed. [2010 c 8 § 2087; 1998 c
292 § 503; 1965 c 145 § 11.84.900. Prior: 1955 c 141 § 14.]
11.84.900
11.84.150 Abuser determination—Conviction—
Clear, cogent, and convincing evidence. (1) A final judgment of conviction for conduct constituting financial exploitation against the decedent, including but not limited to theft,
forgery, fraud, identity theft, robbery, burglary, or extortion,
is conclusive for purposes of determining whether a person is
an abuser under this section.
(2) In the absence of a criminal conviction, a superior
court finding by clear, cogent, and convincing evidence that a
person participated in conduct constituting financial exploitation against the decedent is conclusive for purposes of determining whether a person is an abuser under this section.
[2009 c 525 § 15.]
11.84.150
11.84.160 Abuser determination—Evidence factors.
(1) In determining whether a person is an abuser for purposes
of this chapter, the court must find by clear, cogent, and convincing evidence that:
(a) The decedent was a vulnerable adult at the time the
alleged financial exploitation took place; and
(b) The conduct constituting financial exploitation was
willful action or willful inaction causing injury to the property of the vulnerable adult.
(2) A finding of abuse by the department of social and
health services is not admissible for any purpose in any claim
or proceeding under this chapter.
(3) Except as provided in subsection (2) of this section,
evidence of financial exploitation is admissible if it is not
inadmissible pursuant to the rules of evidence. [2009 c 525 §
16.]
11.84.160
11.84.170 Abuser—When entitled to property interest. Notwithstanding the provisions of this chapter:
(1) An abuser is entitled to acquire or receive an interest
in property or any other benefit described in this chapter if the
court determines by clear, cogent, and convincing evidence
that the decedent:
(a) Knew of the financial exploitation; and
(b) Subsequently ratified his or her intent to transfer the
property interest or benefit to that person.
(2) The court may consider the record of proceedings
and in its discretion allow an abuser to acquire or receive an
interest in property or any other benefit described in this
chapter in any manner the court deems equitable. In determining what is equitable, the court may consider, among
other things:
(a) The various elements of the decedent’s dispositive
scheme;
(b) The decedent’s likely intent given the totality of the
circumstances; and
11.84.170
(2010 Ed.)
Additional notes found at www.leg.wa.gov
Chapter 11.86
Chapter 11.86 RCW
DISCLAIMER OF INTERESTS
Sections
11.86.011
11.86.021
11.86.031
11.86.041
11.86.051
11.86.061
11.86.071
11.86.080
11.86.090
Definitions.
Disclaimer of interest authorized.
Contents of disclaimer—Time and filing requirements—Fee.
Disposition of disclaimed interest.
When disclaimer barred—Exception.
Effect of spendthrift or similar restriction.
Liability for distribution—Effect of disclaimer.
Rights under other statutes or rules not abridged.
Interests existing on June 7, 1973.
11.86.011 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Beneficiary" means the person entitled, but for the
person’s disclaimer, to take an interest.
(2) "Interest" includes the whole of any property, real or
personal, legal or equitable, or any fractional part, share, or
particular portion or specific assets thereof, any vested or
contingent interest in any such property, any power to
appoint, consume, apply, or expend property, or any other
right, power, privilege, or immunity relating to property.
"Interest" includes, but is not limited to, an interest created in
any of the following manners:
(a) By intestate succession;
(b) Under a will;
(c) Under a trust;
(d) By succession to a disclaimed interest;
(e) By virtue of an election to take against a will;
(f) By creation of a power of appointment;
(g) By exercise or nonexercise of a power of appointment;
(h) By an inter vivos gift, whether outright or in trust;
(i) By surviving the death of a depositor of a trust or
P.O.D. account within the meaning of RCW 30.22.040;
(j) Under an insurance or annuity contract;
(k) By surviving the death of another joint tenant;
(l) Under an employee benefit plan;
(m) Under an individual retirement account, annuity, or
bond;
(n) Under a community property agreement; or
11.86.011
[Title 11 RCW—page 71]
11.86.021
Title 11 RCW: Probate and Trust Law
(o) Any other interest created by any testamentary or
inter vivos instrument or by operation of law.
(3) "Creator of the interest" means a person who establishes, declares, or otherwise creates an interest.
(4) "Disclaimer" means any writing which declines,
refuses, renounces, or disclaims any interest that would otherwise be taken by a beneficiary.
(5) "Disclaimant" means a beneficiary who executes a
disclaimer on his or her own behalf or a person who executes
a disclaimer on behalf of a beneficiary.
(6) "Person" means an individual, corporation, government, governmental subdivision or agency, business trust,
estate, trust, partnership, association, or other entity.
(7) "Date of the transfer" means:
(a) For an inter vivos transfer, the date of the creation of
the interest; or
(b) For a transfer upon the death of the creator of the
interest, the date of the death of the creator.
A joint tenancy interest of a deceased joint tenant shall
be deemed to be transferred at the death of the joint tenant
rather than at the creation of the joint tenancy. [1989 c 34 §
1.]
11.86.021 Disclaimer of interest authorized. (1) A
beneficiary may disclaim an interest in whole or in part, or
with reference to specific parts, shares or assets, in the manner provided in RCW 11.86.031.
(2) Likewise, a beneficiary may so disclaim through an
agent or attorney so authorized by written instrument.
(3) A personal representative, guardian, attorney-in-fact
if authorized under a durable power of attorney under chapter
11.94 RCW, or other legal representative of the estate of a
minor, incompetent, or deceased beneficiary, may so disclaim on behalf of the beneficiary, with or without court
order, if:
(a) The legal representative deems the disclaimer to be in
the best interests of those interested in the estate of the beneficiary and of those who take the disclaimed interest because
of the disclaimer, and not detrimental to the best interests of
the beneficiary; and
(b) In the case of a guardian, no order has been issued
under RCW 11.92.140 determining that the disclaimer is not
in the best interests of the beneficiary. [1989 c 34 § 2.]
11.86.021
11.86.031 Contents of disclaimer—Time and filing
requirements—Fee. (1) The disclaimer shall:
(a) Be in writing;
(b) Be signed by the disclaimant;
(c) Identify the interest to be disclaimed; and
(d) State the disclaimer and the extent thereof.
(2) The disclaimer shall be delivered or mailed as provided in subsection (3) of this section at any time after the
creation of the interest, but in all events by nine months after
the latest of:
(a) The date the beneficiary attains the age of twenty-one
years;
(b) The date of the transfer; or
(c) The date that the beneficiary is finally ascertained
and the beneficiary’s interest is indefeasibly vested.
11.86.031
[Title 11 RCW—page 72]
(3) The disclaimer shall be mailed by first-class mail, or
otherwise delivered, to the creator of the interest, the creator’s legal representative, or the holder of the legal title to
the property to which the interest relates or, if the creator is
dead and there is no legal representative or holder of legal
title, to the person having possession of the property.
(4) If the date of the transfer is the date of the death of the
creator of the interest, a copy of the disclaimer may be filed
with the clerk of the probate court in which the estate of the
creator is, or has been, administered, or, if no probate administration has been commenced, then with the clerk of the
court of any county provided by law as the place for probate
administration of such person, where it shall be indexed
under the name of the decedent in the probate index upon the
payment of a fee established under *RCW 36.18.016.
(5) The disclaimer of an interest in real property may be
recorded, but shall constitute notice to all persons only from
and after the date of recording. If recorded, a copy of the disclaimer shall be recorded in the office of the auditor in the
county or counties where the real property is situated. [1995
c 292 § 4; 1989 c 34 § 3.]
*Reviser’s note: The fee specified in RCW 36.18.016 for the filing of
a disclaimer was deleted by section 18, chapter 457, Laws of 2005.
11.86.041 Disposition of disclaimed interest. (1)
Unless the instrument creating an interest directs to the contrary, the interest disclaimed shall pass as if the beneficiary
had died immediately prior to the date of the transfer of the
interest. The disclaimer shall relate back to this date for all
purposes.
(2) Unless the beneficiary provides otherwise in the disclaimer, in addition to the interests disclaimed, the beneficiary shall also be deemed to have disclaimed the minimum
of all interests in the disclaimed property necessary to make
the disclaimer a qualified disclaimer for purposes of section
2518 of the Internal Revenue Code.
(3) Any future interest taking effect in possession or
enjoyment after termination of the interest disclaimed takes
effect as if the beneficiary had died prior to the date of the
beneficiary’s final ascertainment as a beneficiary and the
indefeasible vesting of the interest.
(4) The disclaimer is binding upon the beneficiary and
all persons claiming through or under the beneficiary.
(5) Unless the instrument creating the interest directs to
the contrary, a beneficiary whose interest in a devise or
bequest under a will has been disclaimed shall be deemed to
have died for purposes of RCW 11.12.110.
(6) In the case of a disclaimer of property over which the
disclaimant has any power to direct the beneficial enjoyment
of the disclaimed property, the disclaimant shall also be
deemed to have disclaimed any power to direct the beneficial
enjoyment of the disclaimed property, unless the power is
limited by an ascertainable standard relating to the health,
education, support, or maintenance of any person as
described in section 2041 or 2514 of the Internal Revenue
Code and applicable regulations adopted under those sections. This subsection applies unless the disclaimer specifically provides otherwise. This subsection shall not be deemed
to otherwise prevent such a disclaimant from acting as trustee
or personal representative over disclaimed property. [1999 c
43 § 1; 1997 c 252 § 73; 1991 c 7 § 1; 1989 c 34 § 4.]
11.86.041
(2010 Ed.)
Guardianship—Appointment, Qualification, Removal of Guardians
Additional notes found at www.leg.wa.gov
11.86.051 When disclaimer barred—Exception. (1)
A beneficiary may not disclaim an interest if:
(a) The beneficiary has accepted the interest or a benefit
thereunder;
(b) The beneficiary has assigned, conveyed, encumbered, pledged, or otherwise transferred the interest, or has
contracted therefor;
(c) The interest has been sold or otherwise disposed of
pursuant to judicial process; or
(d) The beneficiary has waived the right to disclaim in
writing. The written waiver of the right to disclaim also is
binding upon all persons claiming through or under the beneficiary.
(2) Notwithstanding the provisions of subsection (1)(a)
through (c) of this section, a beneficiary’s receipt of a benefit
from property shall not necessarily bar such beneficiary’s
disclaimer of an interest in the same property when, prior to
the date of the transfer of the interest to be disclaimed, the
beneficiary already owned an interest in such property in
joint tenancy, as community property, or otherwise. Any such
receipt, in the absence of clear and convincing evidence to
the contrary, shall be presumed to be an enjoyment or use of
the interest the beneficiary already owned, and only after
such interest and any benefit from such interest have been
exhausted, shall the beneficiary be deemed to have received
or accepted any part of the interest to be disclaimed. [2000 c
24 § 1; 1989 c 34 § 5.]
11.86.051
11.86.061 Effect of spendthrift or similar restriction.
A beneficiary may disclaim under this chapter notwithstanding any limitation on the interest of the beneficiary in the
nature of a spendthrift provision or similar restriction. [1989
c 34 § 6.]
11.86.061
11.86.071 Liability for distribution—Effect of disclaimer. No legal representative of a creator of the interest,
holder of legal title to property an interest in which is disclaimed, or person having possession of the property shall be
liable for any otherwise proper distribution or other disposition made without actual knowledge of the disclaimer, or in
reliance upon the disclaimer and without actual knowledge
that the disclaimer is barred as provided in RCW 11.86.051.
[1989 c 34 § 7.]
11.86.071
Chapter 11.88
11.86.031(2), the date on which the beneficiary first knows of
the existence of the transfer shall be deemed to be the date of
the transfer. [1989 c 34 § 8; 1973 c 148 § 10.]
Chapter 11.88 RCW
GUARDIANSHIP—APPOINTMENT,
QUALIFICATION, REMOVAL OF GUARDIANS
Chapter 11.88
Sections
11.88.005
11.88.008
11.88.010
11.88.020
11.88.030
11.88.040
11.88.045
11.88.080
11.88.090
11.88.093
11.88.095
11.88.097
11.88.100
11.88.105
11.88.107
11.88.110
11.88.115
11.88.120
11.88.125
11.88.130
11.88.140
11.88.150
11.88.160
11.88.900
Legislative intent.
"Professional guardian" defined.
Authority to appoint guardians—Definitions—Venue—Nomination by principal.
Qualifications.
Petition—Contents—Hearing.
Notice and hearing, when required—Service—Procedure.
Legal counsel and jury trial—Proof—Medical report—Examinations—Waiver.
Guardians nominated by will or durable power of attorney.
Guardian ad litem—Mediation—Appointment—Qualifications—Notice of and statement by guardian ad litem—Hearing and notice—Attorneys’ fees and costs—Registry—
Duties—Report—Responses—Fee.
Ex parte communications—Removal.
Disposition of guardianship petition.
Guardian ad litem—Fees.
Oath and bond of guardian or limited guardian.
Reduction in amount of bond.
When bond not required.
Law on executors’ and administrators’ bonds applicable.
Notice to department of revenue.
Modification or termination of guardianship—Procedure.
Standby limited guardian or limited guardian.
Transfer of jurisdiction and venue.
Termination of guardianship or limited guardianship.
Administration of deceased incapacitated person’s estate.
Guardianships involving veterans.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Rules of court: Guardians
capacity to sue: CR 17.
judgment for and settlement of claims of minors: SPR 98.16W.
probate proceedings, application for fee, notice: SPR 98.12W.
suit in own name: CR 17.
Allowing child to work without permit, penalty: RCW 26.28.060.
Bank soliciting appointment as guardian, penalty: RCW 30.04.260.
Costs against guardian of infant plaintiff: RCW 4.84.140.
Declaratory judgments: Chapter 7.24 RCW.
Embezzlement by guardian: RCW 9A.56.010(19)(b).
Eminent domain
by corporations, service on guardian of minors, idiots, lunatics or distracted persons: RCW 8.20.020.
by state, service of notice on guardian: RCW 8.04.020.
Excise taxes, liability for, notice to department of revenue: RCW 82.32.240.
Guardian may sue in own name: Rules of court: CR 17.
11.86.080 Rights under other statutes or rules not
abridged. This chapter shall not abridge the right of any person, apart from this chapter, under any existing or future statute or rule of law, to disclaim any interest or to assign, convey, release, renounce or otherwise dispose of any interest.
[1973 c 148 § 9.]
11.86.080
11.86.090 Interests existing on June 7, 1973. Any
interest which exists on June 7, 1973 but which has not then
become indefeasibly vested, or the taker of which has not
then become finally ascertained, or of the existence of the
transfer of which the beneficiary lacks knowledge, may be
disclaimed after June 7, 1973 in the manner provided in
RCW 11.86.031. However, for the purposes of RCW
11.86.090
(2010 Ed.)
Habeas corpus, granting of writ to guardian: RCW 7.36.020.
Incapacitated person, appearance by guardian: RCW 4.08.060.
Industrial insurance benefits, appointment of guardian to manage: RCW
51.04.070.
Investment of trust funds, guardians subject to chapter 30.24 RCW: RCW
11.100.015.
Investments, authorized
generally: Chapter 30.24 RCW.
housing authority bonds: RCW 35.82.220.
United States corporation bonds: RCW 39.60.010.
Jurors, challenge of, guardian and ward relationship ground for implied
bias: RCW 4.44.180.
Lawful use of force: RCW 9A.16.020.
Limitation of actions by ward against guardian, recovery of real estate sold
by guardian: RCW 4.16.070.
[Title 11 RCW—page 73]
11.88.005
Title 11 RCW: Probate and Trust Law
Mental illness, proceedings: Chapter 71.05 RCW.
Minor’s personal service contracts, recovery by guardian barred: RCW
26.28.050.
Motor vehicle financial responsibility, release by injured minor executed by
guardian: RCW 46.29.120.
Name, action for change of—Fees: RCW 4.24.130.
Partition: Chapter 7.52 RCW.
Public assistance grants, appointment of guardian to receive: RCW
74.08.280, 74.12.250.
Real estate licenses, guardian exemption: RCW 18.85.151.
Savings and loan association, guardian may be member of: RCW 33.20.060.
Seduction, action for seduction of ward: RCW 4.24.020.
State hospital patients, superintendent custodian of estate: RCW 72.23.230.
Support and care of dependent child, liability of guardian, procedure, judgment: RCW 13.34.160, 13.34.161.
Uniform veterans’ guardianship act: Chapter 73.36 RCW.
Veterans: RCW 73.04.140.
Volunteer firefighters’ relief, appointment of guardian for firefighter: RCW
41.24.140.
Washington uniform transfers to minors act: Chapter 11.114 RCW.
Witness, guardian as: RCW 5.60.030.
11.88.005 Legislative intent. It is the intent of the legislature to protect the liberty and autonomy of all people of
this state, and to enable them to exercise their rights under the
law to the maximum extent, consistent with the capacity of
each person. The legislature recognizes that people with incapacities have unique abilities and needs, and that some people
with incapacities cannot exercise their rights or provide for
their basic needs without the help of a guardian. However,
their liberty and autonomy should be restricted through the
guardianship process only to the minimum extent necessary
to adequately provide for their own health or safety, or to adequately manage their financial affairs. [1990 c 122 § 1; 1977
ex.s. c 309 § 1; 1975 1st ex.s. c 95 § 1.]
11.88.005
Additional notes found at www.leg.wa.gov
11.88.008 "Professional guardian" defined. As used
in this chapter, "professional guardian" means a guardian
appointed under this chapter who is not a member of the incapacitated person’s family and who charges fees for carrying
out the duties of court-appointed guardian of three or more
incapacitated persons. [1997 c 312 § 2.]
11.88.008
Additional notes found at www.leg.wa.gov
11.88.010 Authority to appoint guardians—Definitions—Venue—Nomination by principal. (1) The superior
court of each county shall have power to appoint guardians
for the persons and/or estates of incapacitated persons, and
guardians for the estates of nonresidents of the state who have
property in the county needing care and attention.
(a) For purposes of this chapter, a person may be deemed
incapacitated as to person when the superior court determines
the individual has a significant risk of personal harm based
upon a demonstrated inability to adequately provide for nutrition, health, housing, or physical safety.
(b) For purposes of this chapter, a person may be deemed
incapacitated as to the person’s estate when the superior court
determines the individual is at significant risk of financial
11.88.010
[Title 11 RCW—page 74]
harm based upon a demonstrated inability to adequately manage property or financial affairs.
(c) A determination of incapacity is a legal not a medical
decision, based upon a demonstration of management insufficiencies over time in the area of person or estate. Age,
eccentricity, poverty, or medical diagnosis alone shall not be
sufficient to justify a finding of incapacity.
(d) A person may also be determined incapacitated if he
or she is under the age of majority as defined in RCW
26.28.010.
(e) For purposes of giving informed consent for health
care pursuant to RCW 7.70.050 and 7.70.065, an "incompetent" person is any person who is (i) incompetent by reason of
mental illness, developmental disability, senility, habitual
drunkenness, excessive use of drugs, or other mental incapacity, of either managing his or her property or caring for himself or herself, or both, or (ii) incapacitated as defined in (a),
(b), or (d) of this subsection.
(f) For purposes of the terms "incompetent," "disabled,"
or "not legally competent," as those terms are used in the
Revised Code of Washington to apply to persons incapacitated under this chapter, those terms shall be interpreted to
mean "incapacitated" persons for purposes of this chapter.
(2) The superior court for each county shall have power
to appoint limited guardians for the persons and estates, or
either thereof, of incapacitated persons, who by reason of
their incapacity have need for protection and assistance, but
who are capable of managing some of their personal and
financial affairs. After considering all evidence presented as
a result of such investigation, the court shall impose, by
order, only such specific limitations and restrictions on an
incapacitated person to be placed under a limited guardianship as the court finds necessary for such person’s protection
and assistance. A person shall not be presumed to be incapacitated nor shall a person lose any legal rights or suffer any
legal disabilities as the result of being placed under a limited
guardianship, except as to those rights and disabilities specifically set forth in the court order establishing such a limited
guardianship. In addition, the court order shall state the
period of time for which it shall be applicable.
(3) Venue for petitions for guardianship or limited
guardianship shall lie in the county wherein the alleged incapacitated person is domiciled, or if such person resides in a
facility supported in whole or in part by local, state, or federal
funding sources, in either the county where the facility is
located, the county of domicile prior to residence in the supported facility, or the county where a parent or spouse or
domestic partner of the alleged incapacitated person is domiciled.
If the alleged incapacitated person’s residency has
changed within one year of the filing of the petition, any
interested person may move for a change of venue for any
proceedings seeking the appointment of a guardian or a limited guardian under this chapter to the county of the alleged
incapacitated person’s last place of residence of one year or
more. The motion shall be granted when it appears to the
court that such venue would be in the best interests of the
alleged incapacitated person and would promote more complete consideration of all relevant matters.
(4) Under RCW 11.94.010, a principal may nominate, by
a durable power of attorney, the guardian or limited guardian
(2010 Ed.)
Guardianship—Appointment, Qualification, Removal of Guardians
of his or her estate or person for consideration by the court if
guardianship proceedings for the principal’s person or estate
are thereafter commenced. The court shall make its appointment in accordance with the principal’s most recent nomination in a durable power of attorney except for good cause or
disqualification.
(5) Imposition of a guardianship for an incapacitated person shall not result in the loss of the right to vote unless the
court determines that the person is incompetent for purposes
of rationally exercising the franchise in that the individual
lacks the capacity to understand the nature and effect of voting such that she or he cannot make an individual choice.
The court order establishing guardianship shall specify
whether or not the individual retains voting rights. When a
court determines that the person is incompetent for the purpose of rationally exercising the right to vote, the court shall
notify the appropriate county auditor. [2008 c 6 § 802; 2005
c 236 § 3; (2005 c 236 § 2 expired January 1, 2006); 2004 c
267 § 139; 1991 c 289 § 1; 1990 c 122 § 2; 1984 c 149 § 176;
1977 ex.s. c 309 § 2; 1975 1st ex.s. c 95 § 2; 1965 c 145 §
11.88.010. Prior: 1917 c 156 § 195; RRS § 1565; prior:
Code 1881 § 1604; 1873 p 314 § 299; 1855 p 15 § 1.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Effective date—2005 c 236 § 3: "Section 3 of this act takes effect January 1, 2006." [2005 c 236 § 5.]
Expiration date—2005 c 236 § 2: "Section 2 of this act expires January 1, 2006." [2005 c 236 § 4.]
Findings—2005 c 236: "The legislature finds that the right to vote is a
fundamental liberty and that this liberty should not be confiscated without
due process. When the state chooses to use guardianship proceedings as the
basis for the denial of a fundamental liberty, an individual is entitled to basic
procedural protections that will ensure fundamental fairness. These basic
procedural protections should include clear notice and a meaningful opportunity to be heard. The legislature further finds that the state has a compelling interest in ensuring that those who cast a ballot understand the nature
and effect of voting is an individual decision, and that any restriction of voting rights imposed through guardianship proceedings should be narrowly tailored to meet this compelling interest." [2005 c 236 § 1.]
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Additional notes found at www.leg.wa.gov
11.88.020 Qualifications. (1) Any suitable person over
the age of eighteen years, or any parent under the age of eighteen years or, if the petition is for appointment of a professional guardian, any individual or guardianship service that
meets any certification requirements established by the
administrator for the courts, may, if not otherwise disqualified, be appointed guardian or limited guardian of the person
and/or the estate of an incapacitated person. A financial institution subject to the jurisdiction of the department of financial institutions and authorized to exercise trust powers, and a
federally chartered financial institution when authorized to
do so, may act as a guardian of the estate of an incapacitated
person without having to meet the certification requirements
established by the administrator for the courts. No person is
qualified to serve as a guardian who is
(a) under eighteen years of age except as otherwise provided herein;
(b) of unsound mind;
(c) convicted of a felony or of a misdemeanor involving
moral turpitude;
11.88.020
(2010 Ed.)
11.88.030
(d) a nonresident of this state who has not appointed a
resident agent to accept service of process in all actions or
proceedings with respect to the estate and caused such
appointment to be filed with the court;
(e) a corporation not authorized to act as a fiduciary,
guardian, or limited guardian in the state;
(f) a person whom the court finds unsuitable.
(2) The professional guardian certification requirements
required under this section shall not apply to a testamentary
guardian appointed under RCW 11.88.080. [1997 c 312 § 1;
1990 c 122 § 3; 1975 1st ex.s. c 95 § 3; 1971 c 28 § 4; 1965 c
145 § 11.88.020. Prior: 1917 c 156 § 196; RRS § 1566.]
Banks and trust companies may act as guardian: RCW 11.36.010.
Additional notes found at www.leg.wa.gov
11.88.030 Petition—Contents—Hearing. (1) Any
person or *entity may petition for the appointment of a qualified person, trust company, national bank, or nonprofit corporation authorized in RCW 11.88.020 as the guardian or
limited guardian of an incapacitated person. No liability for
filing a petition for guardianship or limited guardianship shall
attach to a petitioner acting in good faith and upon reasonable
basis. A petition for guardianship or limited guardianship
shall state:
(a) The name, age, residence, and post office address of
the alleged incapacitated person;
(b) The nature of the alleged incapacity in accordance
with RCW 11.88.010;
(c) The approximate value and description of property,
including any compensation, pension, insurance, or allowance, to which the alleged incapacitated person may be entitled;
(d) Whether there is, in any state, a guardian or limited
guardian, or pending guardianship action for the person or
estate of the alleged incapacitated person;
(e) The residence and post office address of the person
whom petitioner asks to be appointed guardian or limited
guardian;
(f) The names and addresses, and nature of the relationship, so far as known or can be reasonably ascertained, of the
persons most closely related by blood, marriage, or state registered domestic partnership to the alleged incapacitated person;
(g) The name and address of the person or facility having
the care and custody of the alleged incapacitated person;
(h) The reason why the appointment of a guardian or
limited guardian is sought and the interest of the petitioner in
the appointment, and whether the appointment is sought as
guardian or limited guardian of the person, the estate, or both;
(i) A description of any alternate arrangements previously made by the alleged incapacitated person, such as trusts
or powers of attorney, including identifying any guardianship
nominations contained in a power of attorney, and why a
guardianship is nevertheless necessary;
(j) The nature and degree of the alleged incapacity and
the specific areas of protection and assistance requested and
the limitation of rights requested to be included in the court’s
order of appointment;
(k) The requested term of the limited guardianship to be
included in the court’s order of appointment;
11.88.030
[Title 11 RCW—page 75]
11.88.040
Title 11 RCW: Probate and Trust Law
(l) Whether the petitioner is proposing a specific individual to act as guardian ad litem and, if so, the individual’s
knowledge of or relationship to any of the parties, and why
the individual is proposed.
(2)(a) The attorney general may petition for the appointment of a guardian or limited guardian in any case in which
there is cause to believe that a guardianship is necessary and
no private party is able and willing to petition.
(b) Prepayment of a filing fee shall not be required in any
guardianship or limited guardianship brought by the attorney
general. Payment of the filing fee shall be ordered from the
estate of the incapacitated person at the hearing on the merits
of the petition, unless in the judgment of the court, such payment would impose a hardship upon the incapacitated person,
in which case the filing shall be waived.
(3) No filing fee shall be charged by the court for filing
either a petition for guardianship or a petition for limited
guardianship if the petition alleges that the alleged incapacitated person has total assets of a value of less than three thousand dollars.
(4)(a) Notice that a guardianship proceeding has been
commenced shall be personally served upon the alleged incapacitated person and the guardian ad litem along with a copy
of the petition for appointment of a guardian. Such notice
shall be served not more than five court days after the petition
has been filed.
(b) Notice under this subsection shall include a clear and
easily readable statement of the legal rights of the alleged
incapacitated person that could be restricted or transferred to
a guardian by a guardianship order as well as the right to
counsel of choice and to a jury trial on the issue of incapacity.
Such notice shall be in substantially the following form and
shall be in capital letters, double-spaced, and in a type size
not smaller than ten-point type:
IMPORTANT NOTICE
PLEASE READ CAREFULLY
A PETITION TO HAVE A GUARDIAN APPOINTED FOR
YOU HAS BEEN FILED IN THE . . . . . . COUNTY SUPERIOR COURT BY . . . . . . IF A GUARDIAN IS
APPOINTED, YOU COULD LOSE ONE OR MORE OF
THE FOLLOWING RIGHTS:
(1) TO MARRY, DIVORCE, OR ENTER INTO OR
END A STATE REGISTERED DOMESTIC PARTNERSHIP;
(2) TO VOTE OR HOLD AN ELECTED OFFICE;
(3) TO ENTER INTO A CONTRACT OR MAKE OR
REVOKE A WILL;
(4) TO APPOINT SOMEONE TO ACT ON YOUR
BEHALF;
(5) TO SUE AND BE SUED OTHER THAN
THROUGH A GUARDIAN;
(6) TO POSSESS A LICENSE TO DRIVE;
(7) TO BUY, SELL, OWN, MORTGAGE, OR LEASE
PROPERTY;
(8) TO CONSENT TO OR REFUSE MEDICAL
TREATMENT;
(9) TO DECIDE WHO SHALL PROVIDE CARE AND
ASSISTANCE;
[Title 11 RCW—page 76]
(10) TO MAKE DECISIONS REGARDING SOCIAL
ASPECTS OF YOUR LIFE.
UNDER THE LAW, YOU HAVE CERTAIN RIGHTS.
YOU HAVE THE RIGHT TO BE REPRESENTED BY A
LAWYER OF YOUR OWN CHOOSING. THE COURT
WILL APPOINT A LAWYER TO REPRESENT YOU IF
YOU ARE UNABLE TO PAY OR PAYMENT WOULD
RESULT IN A SUBSTANTIAL HARDSHIP TO YOU.
YOU HAVE THE RIGHT TO ASK FOR A JURY TO
DECIDE WHETHER OR NOT YOU NEED A GUARDIAN
TO HELP YOU.
YOU HAVE THE RIGHT TO BE PRESENT IN COURT
AND TESTIFY WHEN THE HEARING IS HELD TO
DECIDE WHETHER OR NOT YOU NEED A GUARDIAN. IF A GUARDIAN AD LITEM IS APPOINTED, YOU
HAVE THE RIGHT TO REQUEST THE COURT TO
REPLACE THAT PERSON.
(5) All petitions filed under the provisions of this section
shall be heard within sixty days unless an extension of time is
requested by a party or the guardian ad litem within such
sixty day period and granted for good cause shown. If an
extension is granted, the court shall set a new hearing date.
[2009 c 521 § 36; 1996 c 249 § 8; 1995 c 297 § 1; 1991 c 289
§ 2; 1990 c 122 § 4; 1977 ex.s. c 309 § 3; 1975 1st ex.s. c 95
§ 4; 1965 c 145 § 11.88.030. Prior: 1927 c 170 § 1; 1917 c
156 § 197; RRS § 1567; prior: 1909 c 118 § 1; 1903 c 130 §
1.]
*Reviser’s note: Trust companies, national banks, and nonprofit corporations are no longer referred to in RCW 11.88.020, as amended by 1997 c
312 § 1.
Intent—1996 c 249: See note following RCW 2.56.030.
Additional notes found at www.leg.wa.gov
11.88.040 Notice and hearing, when required—Service—Procedure. Before appointing a guardian or a limited
guardian, notice of a hearing, to be held not less than ten days
after service thereof, shall be served personally upon the
alleged incapacitated person, if over fourteen years of age,
and served upon the guardian ad litem.
Before appointing a guardian or a limited guardian,
notice of a hearing, to be held not less than ten days after service thereof, shall be given by registered or certified mail to
the last known address requesting a return receipt signed by
the addressee or an agent appointed by the addressee, or by
personal service in the manner provided for services of summons, to the following:
(1) The alleged incapacitated person, or minor, if under
fourteen years of age;
(2) A parent, if the alleged incapacitated person is a
minor, all known children not residing with a notified person,
and the spouse or domestic partner of the alleged incapacitated person if any;
(3) Any other person who has been appointed as guardian or limited guardian, or the person with whom the alleged
incapacitated person resides. No notice need be given to
those persons named in subsections (2) and (3) of this section
if they have signed the petition for the appointment of the
11.88.040
(2010 Ed.)
Guardianship—Appointment, Qualification, Removal of Guardians
guardian or limited guardian or have waived notice of the
hearing.
(4) If the petition is by a parent asking for appointment as
guardian or limited guardian of a minor child under the age of
fourteen years, or if the petition is accompanied by the written consent of a minor of the age of fourteen years or upward,
who consents to the appointment of the guardian or limited
guardian asked for, or if the petition is by a nonresident
guardian of any minor or incapacitated person, then the court
may appoint the guardian without notice of the hearing. The
court for good cause may reduce the number of days of
notice, but in every case, at least three days notice shall be
given.
The alleged incapacitated person shall be present in court
at the final hearing on the petition: PROVIDED, That this
requirement may be waived at the discretion of the court for
good cause other than mere inconvenience shown in the
report to be provided by the guardian ad litem pursuant to
RCW 11.88.090 as now or hereafter amended, or if no guardian ad litem is required to be appointed pursuant to RCW
11.88.090, as now or hereafter amended, at the discretion of
the court for good cause shown by a party. Alternatively, the
court may remove itself to the place of residence of the
alleged incapacitated person and conduct the final hearing in
the presence of the alleged incapacitated person. Final hearings on the petition may be held in closed court without
admittance of any person other than those necessary to the
action or proceeding.
If presence of the alleged incapacitated person is waived
and the court does not remove itself to the place of residence
of such person, the guardian ad litem shall appear in person at
the final hearing on the petition. [2008 c 6 § 803; 1995 c 297
§ 2; 1991 c 289 § 3; 1990 c 122 § 5; 1984 c 149 § 177; 1977
ex.s. c 309 § 4; 1975 1st ex.s. c 95 § 5; 1969 c 70 § 1; 1965 c
145 § 11.88.040. Prior: 1927 c 170 § 2; 1923 c 142 § 4; 1917
c 156 § 198; RRS § 1568; prior: 1909 c 118 § 2; 1903 c 130
§§ 2, 3.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Additional notes found at www.leg.wa.gov
11.88.045 Legal counsel and jury trial—Proof—
Medical report—Examinations—Waiver. (1)(a) Alleged
incapacitated individuals shall have the right to be represented by willing counsel of their choosing at any stage in
guardianship proceedings. The court shall provide counsel to
represent any alleged incapacitated person at public expense
when either: (i) The individual is unable to afford counsel, or
(ii) the expense of counsel would result in substantial hardship to the individual, or (iii) the individual does not have
practical access to funds with which to pay counsel. If the
individual can afford counsel but lacks practical access to
funds, the court shall provide counsel and may impose a
reimbursement requirement as part of a final order. When, in
the opinion of the court, the rights and interests of an alleged
or adjudicated incapacitated person cannot otherwise be adequately protected and represented, the court on its own
motion shall appoint an attorney at any time to represent such
person. Counsel shall be provided as soon as practicable after
a petition is filed and long enough before any final hearing to
allow adequate time for consultation and preparation. Absent
11.88.045
(2010 Ed.)
11.88.045
a convincing showing in the record to the contrary, a period
of less than three weeks shall be presumed by a reviewing
court to be inadequate time for consultation and preparation.
(b) Counsel for an alleged incapacitated individual shall
act as an advocate for the client and shall not substitute counsel’s own judgment for that of the client on the subject of
what may be in the client’s best interests. Counsel’s role shall
be distinct from that of the guardian ad litem, who is expected
to promote the best interest of the alleged incapacitated individual, rather than the alleged incapacitated individual’s
expressed preferences.
(c) If an alleged incapacitated person is represented by
counsel and does not communicate with counsel, counsel
may ask the court for leave to withdraw for that reason. If satisfied, after affording the alleged incapacitated person an
opportunity for a hearing, that the request is justified, the
court may grant the request and allow the case to proceed
with the alleged incapacitated person unrepresented.
(2) During the pendency of any guardianship, any attorney purporting to represent a person alleged or adjudicated to
be incapacitated shall petition to be appointed to represent the
incapacitated or alleged incapacitated person. Fees for representation described in this section shall be subject to approval
by the court pursuant to the provisions of RCW 11.92.180.
(3) The alleged incapacitated person is further entitled to
testify and present evidence and, upon request, entitled to a
jury trial on the issues of his or her alleged incapacity. The
standard of proof to be applied in a contested case, whether
before a jury or the court, shall be that of clear, cogent, and
convincing evidence.
(4) In all proceedings for appointment of a guardian or
limited guardian, the court must be presented with a written
report from a physician licensed to practice under chapter
18.71 or 18.57 RCW, psychologist licensed under chapter
18.83 RCW, or advanced registered nurse practitioner
licensed under chapter 18.79 RCW, selected by the guardian
ad litem. If the alleged incapacitated person opposes the
health care professional selected by the guardian ad litem to
prepare the medical report, then the guardian ad litem shall
use the health care professional selected by the alleged incapacitated person. The guardian ad litem may also obtain a
supplemental examination. The physician, psychologist, or
advanced registered nurse practitioner shall have personally
examined and interviewed the alleged incapacitated person
within thirty days of preparation of the report to the court and
shall have expertise in the type of disorder or incapacity the
alleged incapacitated person is believed to have. The report
shall contain the following information and shall be set forth
in substantially the following format:
(a) The name and address of the examining physician,
psychologist, or advanced registered nurse practitioner;
(b) The education and experience of the physician, psychologist, or advanced registered nurse practitioner pertinent
to the case;
(c) The dates of examinations of the alleged incapacitated person;
(d) A summary of the relevant medical, functional, neurological, or mental health history of the alleged incapacitated person as known to the examining physician, psychologist, or advanced registered nurse practitioner;
[Title 11 RCW—page 77]
11.88.080
Title 11 RCW: Probate and Trust Law
(e) The findings of the examining physician, psychologist, or advanced registered nurse practitioner as to the condition of the alleged incapacitated person;
(f) Current medications;
(g) The effect of current medications on the alleged incapacitated person’s ability to understand or participate in
guardianship proceedings;
(h) Opinions on the specific assistance the alleged incapacitated person needs;
(i) Identification of persons with whom the physician,
psychologist, or advanced registered nurse practitioner has
met or spoken regarding the alleged incapacitated person.
The court shall not enter an order appointing a guardian
or limited guardian until a medical or mental status report
meeting the above requirements is filed.
The requirement of filing a medical report is waived if
the basis of the guardianship is minority.
(5) During the pendency of an action to establish a
guardianship, a petitioner or any person may move for temporary relief under chapter 7.40 RCW, to protect the alleged
incapacitated person from abuse, neglect, abandonment, or
exploitation, as those terms are defined in RCW 74.34.020,
or to address any other emergency needs of the alleged incapacitated person. Any alternative arrangement executed
before filing the petition for guardianship shall remain effective unless the court grants the relief requested under chapter
7.40 RCW, or unless, following notice and a hearing at which
all parties directly affected by the arrangement are present,
the court finds that the alternative arrangement should not
remain effective. [2001 c 148 § 1; 1996 c 249 § 9; 1995 c 297
§ 3; 1991 c 289 § 4; 1990 c 122 § 6; 1977 ex.s. c 309 § 5;
1975 1st ex.s. c 95 § 7.]
Intent—1996 c 249: See note following RCW 2.56.030.
Additional notes found at www.leg.wa.gov
11.88.080 Guardians nominated by will or durable
power of attorney. When either parent is deceased, the surviving parent of any minor child or a sole parent of a minor
child, may by last will or durable power of attorney nominate
a guardian or guardians of the person, or of the estate or both,
of a minor child, whether born at the time of executing the
instrument or afterwards, to continue during the minority of
such child or for any less time. This nomination shall be
effective in the event of the death or incapacity of such parent. Every guardian of the estate of a child shall give bond in
like manner and with like conditions as required by RCW
11.88.100 and 11.88.110, and he or she shall have the same
powers and perform the same duties with regard to the person
and estate of the minor as a guardian appointed under this
chapter. The court shall confirm the parent’s nomination
unless the court finds, based upon evidence presented at a
hearing on the matter, that the individual nominated in the
surviving parent’s will or durable power of attorney is not
qualified to serve. [2005 c 97 § 11; 1990 c 122 § 7; 1965 c
145 § 11.88.080. Prior: 1917 c 156 § 210; RRS § 1580;
prior: Code 1881 § 1618; 1860 p 228 § 335.]
11.88.080
Additional notes found at www.leg.wa.gov
11.88.090 Guardian ad litem—Mediation—Appointment—Qualifications—Notice of and statement by
11.88.090
[Title 11 RCW—page 78]
guardian ad litem—Hearing and notice—Attorneys’ fees
and costs—Registry—Duties—Report—Responses—Fee.
(1) Nothing contained in RCW 11.88.080 through 11.88.120,
11.92.010 through 11.92.040, 11.92.060 through 11.92.120,
11.92.170, and 11.92.180 shall affect or impair the power of
any court to appoint a guardian ad litem to defend the interests of any incapacitated person interested in any suit or matter pending therein, or to commence and prosecute any suit in
his or her behalf.
(2) Prior to the appointment of a guardian or a limited
guardian, whenever it appears that the incapacitated person or
incapacitated person’s estate could benefit from mediation
and such mediation would likely result in overall reduced
costs to the estate, upon the motion of the alleged incapacitated person or the guardian ad litem, or subsequent to such
appointment, whenever it appears that the incapacitated person or incapacitated person’s estate could benefit from mediation and such mediation would likely result in overall
reduced costs to the estate, upon the motion of any interested
person, the court may:
(a) Require any party or other person subject to the jurisdiction of the court to participate in mediation;
(b) Establish the terms of the mediation; and
(c) Allocate the cost of the mediation pursuant to *RCW
11.96.140.
(3) Upon receipt of a petition for appointment of guardian or limited guardian, except as provided herein, the court
shall appoint a guardian ad litem to represent the best interests of the alleged incapacitated person, who shall be a person
found or known by the court to:
(a) Be free of influence from anyone interested in the
result of the proceeding; and
(b) Have the requisite knowledge, training, or expertise
to perform the duties required by this section.
The guardian ad litem shall within five days of receipt of
notice of appointment file with the court and serve, either
personally or by certified mail with return receipt, each party
with a statement including: His or her training relating to the
duties as a guardian ad litem; his or her criminal history as
defined in RCW 9.94A.030 for the period covering ten years
prior to the appointment; his or her hourly rate, if compensated; whether the guardian ad litem has had any contact with
a party to the proceeding prior to his or her appointment; and
whether he or she has an apparent conflict of interest. Within
three days of the later of the actual service or filing of the
guardian ad litem’s statement, any party may set a hearing
and file and serve a motion for an order to show cause why
the guardian ad litem should not be removed for one of the
following three reasons: (i) Lack of expertise necessary for
the proceeding; (ii) an hourly rate higher than what is reasonable for the particular proceeding; or (iii) a conflict of interest. Notice of the hearing shall be provided to the guardian ad
litem and all parties. If, after a hearing, the court enters an
order replacing the guardian ad litem, findings shall be
included, expressly stating the reasons for the removal. If the
guardian ad litem is not removed, the court has the authority
to assess to the moving party, attorneys’ fees and costs
related to the motion. The court shall assess attorneys’ fees
and costs for frivolous motions.
No guardian ad litem need be appointed when a parent is
petitioning for a guardian or a limited guardian to be
(2010 Ed.)
Guardianship—Appointment, Qualification, Removal of Guardians
appointed for his or her minor child and the minority of the
child, as defined by RCW 11.92.010, is the sole basis of the
petition. The order appointing the guardian ad litem shall
recite the duties set forth in subsection (5) of this section.
The appointment of a guardian ad litem shall have no effect
on the legal competency of the alleged incapacitated person
and shall not overcome the presumption of competency or
full legal and civil rights of the alleged incapacitated person.
(4)(a) The superior court of each county shall develop
and maintain a registry of persons who are willing and qualified to serve as guardians ad litem in guardianship matters.
The court shall choose as guardian ad litem a person whose
name appears on the registry in a system of consistent rotation, except in extraordinary circumstances such as the need
for particular expertise. The court shall develop procedures
for periodic review of the persons on the registry and for probation, suspension, or removal of persons on the registry for
failure to perform properly their duties as guardian ad litem.
In the event the court does not select the person next on the
list, it shall include in the order of appointment a written reason for its decision.
(b) To be eligible for the registry a person shall:
(i) Present a written statement outlining his or her background and qualifications. The background statement shall
include, but is not limited to, the following information:
(A) Level of formal education;
(B) Training related to the guardian ad litem’s duties;
(C) Number of years’ experience as a guardian ad litem;
(D) Number of appointments as a guardian ad litem and
the county or counties of appointment;
(E) Criminal history, as defined in RCW 9.94A.030; and
(F) Evidence of the person’s knowledge, training, and
experience in each of the following: Needs of impaired elderly people, physical disabilities, mental illness, developmental disabilities, and other areas relevant to the needs of incapacitated persons, legal procedure, and the requirements of
chapters 11.88 and 11.92 RCW.
The written statement of qualifications shall include the
names of any counties in which the person was removed from
a guardian ad litem registry pursuant to a grievance action,
and the name of the court and the cause number of any case
in which the court has removed the person for cause; and
(ii) Complete the training as described in (e) of this subsection. The training is not applicable to guardians ad litem
appointed pursuant to special proceeding Rule 98.16W.
(c) Superior court shall remove any person from the
guardian ad litem registry who misrepresents his or her qualifications pursuant to a grievance procedure established by
the court.
(d) The background and qualification information shall
be updated annually.
(e) The department of social and health services shall
convene an advisory group to develop a model guardian ad
litem training program and shall update the program biennially. The advisory group shall consist of representatives from
consumer, advocacy, and professional groups knowledgeable
in developmental disabilities, neurological impairment, physical disabilities, mental illness, domestic violence, aging,
legal, court administration, the Washington state bar association, and other interested parties.
(2010 Ed.)
11.88.090
(f) The superior court shall require utilization of the
model program developed by the advisory group as described
in (e) of this subsection, to assure that candidates applying for
registration as a qualified guardian ad litem shall have satisfactorily completed training to attain these essential minimum qualifications to act as guardian ad litem.
(5) The guardian ad litem appointed pursuant to this section shall have the following duties:
(a) To meet and consult with the alleged incapacitated
person as soon as practicable following appointment and
explain, in language which such person can reasonably be
expected to understand, the substance of the petition, the
nature of the resultant proceedings, the person’s right to contest the petition, the identification of the proposed guardian or
limited guardian, the right to a jury trial on the issue of his or
her alleged incapacity, the right to independent legal counsel
as provided by RCW 11.88.045, and the right to be present in
court at the hearing on the petition;
(b) To obtain a written report according to RCW
11.88.045; and such other written or oral reports from other
qualified professionals as are necessary to permit the guardian ad litem to complete the report required by this section;
(c) To meet with the person whose appointment is sought
as guardian or limited guardian and ascertain:
(i) The proposed guardian’s knowledge of the duties,
requirements, and limitations of a guardian; and
(ii) The steps the proposed guardian intends to take or
has taken to identify and meet the needs of the alleged incapacitated person;
(d) To consult as necessary to complete the investigation
and report required by this section with those known relatives, friends, or other persons the guardian ad litem determines have had a significant, continuing interest in the welfare of the alleged incapacitated person;
(e) To investigate alternate arrangements made, or which
might be created, by or on behalf of the alleged incapacitated
person, such as revocable or irrevocable trusts, durable powers of attorney, or blocked accounts; whether good cause
exists for any such arrangements to be discontinued; and why
such arrangements should not be continued or created in lieu
of a guardianship;
(f) To provide the court with a written report which shall
include the following:
(i) A description of the nature, cause, and degree of incapacity, and the basis upon which this judgment was made;
(ii) A description of the needs of the incapacitated person
for care and treatment, the probable residential requirements
of the alleged incapacitated person and the basis upon which
these findings were made;
(iii) An evaluation of the appropriateness of the guardian
or limited guardian whose appointment is sought and a
description of the steps the proposed guardian has taken or
intends to take to identify and meet current and emerging
needs of the incapacitated person;
(iv) A description of any alternative arrangements previously made by the alleged incapacitated person or which
could be made, and whether and to what extent such alternatives should be used in lieu of a guardianship, and if the
guardian ad litem is recommending discontinuation of any
such arrangements, specific findings as to why such arrange[Title 11 RCW—page 79]
11.88.090
Title 11 RCW: Probate and Trust Law
ments are contrary to the best interest of the alleged incapacitated person;
(v) A description of the abilities of the alleged incapacitated person and a recommendation as to whether a guardian
or limited guardian should be appointed. If appointment of a
limited guardian is recommended, the guardian ad litem shall
recommend the specific areas of authority the limited guardian should have and the limitations and disabilities to be
placed on the incapacitated person;
(vi) An evaluation of the person’s mental ability to rationally exercise the right to vote and the basis upon which the
evaluation is made;
(vii) Any expression of approval or disapproval made by
the alleged incapacitated person concerning the proposed
guardian or limited guardian or guardianship or limited
guardianship;
(viii) Identification of persons with significant interest in
the welfare of the alleged incapacitated person who should be
advised of their right to request special notice of proceedings
pursuant to RCW 11.92.150; and
(ix) Unless independent counsel has appeared for the
alleged incapacitated person, an explanation of how the
alleged incapacitated person responded to the advice of the
right to jury trial, to independent counsel and to be present at
the hearing on the petition.
Within forty-five days after notice of commencement of
the guardianship proceeding has been served upon the guardian ad litem, and at least fifteen days before the hearing on the
petition, unless an extension or reduction of time has been
granted by the court for good cause, the guardian ad litem
shall file its report and send a copy to the alleged incapacitated person and his or her counsel, spouse or domestic partner, all children not residing with a notified person, those persons described in (f)(viii) of this subsection, and persons who
have filed a request for special notice pursuant to RCW
11.92.150. If the guardian ad litem needs additional time to
finalize his or her report, then the guardian ad litem shall petition the court for a postponement of the hearing or, with the
consent of all other parties, an extension or reduction of time
for filing the report. If the hearing does not occur within sixty
days of filing the petition, then upon the two-month anniversary of filing the petition and on or before the same day of
each following month until the hearing, the guardian ad litem
shall file interim reports summarizing his or her activities on
the proceeding during that time period as well as fees and
costs incurred;
(g) To advise the court of the need for appointment of
counsel for the alleged incapacitated person within five court
days after the meeting described in (a) of this subsection
unless (i) counsel has appeared, (ii) the alleged incapacitated
person affirmatively communicated a wish not to be represented by counsel after being advised of the right to representation and of the conditions under which court-provided
counsel may be available, or (iii) the alleged incapacitated
person was unable to communicate at all on the subject, and
the guardian ad litem is satisfied that the alleged incapacitated person does not affirmatively desire to be represented
by counsel.
(6) If the petition is brought by an interested person or
entity requesting the appointment of some other qualified
person or entity and a prospective guardian or limited guard[Title 11 RCW—page 80]
ian cannot be found, the court shall order the guardian ad
litem to investigate the availability of a possible guardian or
limited guardian and to include the findings in a report to the
court pursuant to subsection (5)(f) of this section.
(7) The parties to the proceeding may file responses to
the guardian ad litem report with the court and deliver such
responses to the other parties and the guardian ad litem at any
time up to the second day prior to the hearing. If a guardian
ad litem fails to file his or her report in a timely manner, the
hearing shall be continued to give the court and the parties at
least fifteen days before the hearing to review the report. At
any time during the proceeding upon motion of any party or
on the court’s own motion, the court may remove the guardian ad litem for failure to perform his or her duties as specified in this chapter, provided that the guardian ad litem shall
have five days’ notice of any motion to remove before the
court enters such order. In addition, the court in its discretion
may reduce a guardian ad litem’s fee for failure to carry out
his or her duties.
(8) The court appointed guardian ad litem shall have the
authority, in the event that the alleged incapacitated person is
in need of emergency life-saving medical services, and is
unable to consent to such medical services due to incapacity
pending the hearing on the petition to give consent for such
emergency life-saving medical services on behalf of the
alleged incapacitated person.
(9) The court-appointed guardian ad litem shall have the
authority to move for temporary relief under chapter 7.40
RCW to protect the alleged incapacitated person from abuse,
neglect, abandonment, or exploitation, as those terms are
defined in RCW 74.34.020, or to address any other emergency needs of the alleged incapacitated person. Any alternative arrangement executed before filing the petition for
guardianship shall remain effective unless the court grants
the relief requested under chapter 7.40 RCW, or unless, following notice and a hearing at which all parties directly
affected by the arrangement are present, the court finds that
the alternative arrangement should not remain effective.
(10) The guardian ad litem shall receive a fee determined
by the court. The fee shall be charged to the alleged incapacitated person unless the court finds that such payment would
result in substantial hardship upon such person, in which case
the county shall be responsible for such costs: PROVIDED,
That the court may charge such fee to the petitioner, the
alleged incapacitated person, or any person who has appeared
in the action; or may allocate the fee, as it deems just. If the
petition is found to be frivolous or not brought in good faith,
the guardian ad litem fee shall be charged to the petitioner.
The court shall not be required to provide for the payment of
a fee to any salaried employee of a public agency.
(11) Upon the presentation of the guardian ad litem
report and the entry of an order either dismissing the petition
for appointment of guardian or limited guardian or appointing a guardian or limited guardian, the guardian ad litem shall
be dismissed and shall have no further duties or obligations
unless otherwise ordered by the court. If the court orders the
guardian ad litem to perform further duties or obligations,
they shall not be performed at county expense.
(12) The guardian ad litem shall appear in person at all
hearings on the petition unless all parties provide a written
waiver of the requirement to appear.
(2010 Ed.)
Guardianship—Appointment, Qualification, Removal of Guardians
(13) At any hearing the court may consider whether any
person who makes decisions regarding the alleged incapacitated person or estate has breached a statutory or fiduciary
duty. [2008 c 6 § 804; 2000 c 124 § 1; 1999 c 360 § 1; 1996
c 249 § 10; 1995 c 297 § 4; 1991 c 289 § 5; 1990 c 122 § 8;
1977 ex.s. c 309 § 6; 1975 1st ex.s. c 95 § 9; 1965 c 145 §
11.88.090. Prior: 1917 c 156 § 211; RRS § 1581; prior:
Code 1881 § 1619; 1873 p 318 § 314; 1860 p 228 § 336.]
Rules of court: Judgment for and settlement of claims of minors: SPR
98.16W.
*Reviser’s note: RCW 11.96.140 was repealed by 1999 c 42 § 637,
effective January 1, 2000.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Grievance rules—2000 c 124: "Each superior court shall adopt rules
establishing and governing procedures for filing, investigating, and adjudicating grievances made by or against guardians ad litem under Titles 11, 13,
and 26 RCW." [2000 c 124 § 16.]
Intent—1996 c 249: See note following RCW 2.56.030.
Costs against guardian of infant plaintiff: RCW 4.84.140.
District judge, guardian ad litem if defendant minor, appointment of: RCW
12.04.150.
Execution against for costs against infant plaintiff: RCW 4.84.140.
Incapacitated persons
appearance in civil action: RCW 4.08.060.
appointment for civil actions: RCW 4.08.060.
Liability for costs against infant plaintiffs: RCW 4.84.140.
Minors, for
appearance in civil actions: RCW 4.08.050.
appointment for civil actions: RCW 4.08.050.
district court proceedings: RCW 12.04.150.
Registration of land titles, appointment for minors: RCW 65.12.145.
Additional notes found at www.leg.wa.gov
11.88.093 Ex parte communications—Removal. A
guardian ad litem shall not engage in ex parte communications with any judicial officer involved in the matter for
which he or she is appointed during the pendency of the proceeding, except as permitted by court rule or statute for ex
parte motions. Ex parte motions shall be heard in open court
on the record. The record may be preserved in a manner
deemed appropriate by the county where the matter is heard.
The court, upon its own motion, or upon the motion of a
party, may consider the removal of any guardian ad litem
who violates this section from any pending case or from any
court-authorized registry, and if so removed may require forfeiture of any fees for professional services on the pending
case. [2000 c 124 § 10.]
11.88.093
11.88.095 Disposition of guardianship petition. (1) In
determining the disposition of a petition for guardianship, the
court’s order shall be based upon findings as to the capacities,
condition, and needs of the alleged incapacitated person, and
shall not be based solely upon agreements made by the parties.
(2) Every order appointing a full or limited guardian of
the person or estate shall include:
(a) Findings as to the capacities, condition, and needs of
the alleged incapacitated person;
(b) The amount of the bond, if any, or a bond review
period;
(c) When the next report of the guardian is due;
11.88.095
(2010 Ed.)
11.88.100
(d) Whether the guardian ad litem shall continue acting
as guardian ad litem;
(e) Whether a review hearing shall be required upon the
filing of the inventory;
(f) The authority of the guardian, if any, for investment
and expenditure of the ward’s estate; and
(g) Names and addresses of those persons described in
RCW 11.88.090(5)(d), if any, whom the court believes
should receive copies of further pleadings filed by the guardian with respect to the guardianship.
(3) If the court determines that a limited guardian should
be appointed, the order shall specifically set forth the limits
by either stating exceptions to the otherwise full authority of
the guardian or by stating the specific authority of the guardian.
(4) In determining the disposition of a petition for
appointment of a guardian or limited guardian of the estate
only, the court shall consider whether the alleged incapacitated person is capable of giving informed medical consent or
of making other personal decisions and, if not, whether a
guardian or limited guardian of the person of the alleged incapacitated person should be appointed for that purpose.
(5) Unless otherwise ordered, any powers of attorney or
durable powers of attorney shall be revoked upon appointment of a guardian or limited guardian of the estate.
If there is an existing medical power of attorney, the
court must make a specific finding of fact regarding the continued validity of that medical power of attorney before
appointing a guardian or limited guardian for the person.
[1995 c 297 § 5; 1991 c 289 § 6; 1990 c 122 § 9.]
Additional notes found at www.leg.wa.gov
11.88.097 Guardian ad litem—Fees. The court shall
specify the hourly rate the guardian ad litem may charge for
his or her services, and shall specify the maximum amount
the guardian ad litem may charge without additional court
review and approval. The court shall specify rates and fees in
the order of appointment or at the earliest date the court is
able to determine the appropriate rates and fees and prior to
the guardian ad litem billing for his or her services. This section shall apply except as provided by local court rule. [2000
c 124 § 13.]
11.88.097
11.88.100 Oath and bond of guardian or limited
guardian. Before letters of guardianship are issued, each
guardian or limited guardian shall take and subscribe an oath
and, unless dispensed with by order of the court as provided
in RCW 11.88.105, file a bond, with sureties to be approved
by the court, payable to the state, in such sum as the court
may fix, taking into account the character of the assets on
hand or anticipated and the income to be received and disbursements to be made, and such bond shall be conditioned
substantially as follows:
The condition of this obligation is such, that if the above
bound A.B., who has been appointed guardian or limited
guardian for C.D., shall faithfully discharge the office and
trust of such guardian or limited guardian according to law
and shall render a fair and just account of his or her guardianship or limited guardianship to the superior court of the
county of . . . . . ., from time to time as he or she shall thereto
11.88.100
[Title 11 RCW—page 81]
11.88.105
Title 11 RCW: Probate and Trust Law
be required by such court, and comply with all orders of the
court, lawfully made, relative to the goods, chattels, moneys,
care, management, and education of such incapacitated person, or his or her property, and render and pay to such incapacitated person all moneys, goods, chattels, title papers, and
effects which may come into the hands or possession of such
guardian or limited guardian, at such time and in such manner
as the court may order, then this obligation shall be void, otherwise it shall remain in effect.
The bond shall be for the use of the incapacitated person,
and shall not become void upon the first recovery, but may be
put in suit from time to time against all or any one of the obligors, in the name and for the use and benefit of any person
entitled by the breach thereof, until the whole penalty is
recovered thereon. The court may require an additional bond
whenever for any reason it appears to the court that an additional bond should be given.
In all guardianships or limited guardianships of the person, and in all guardianship or limited guardianships of the
estate, in which the petition alleges that the alleged incapacitated person has total assets of a value of less than three thousand dollars, the court may dispense with the requirement of
a bond pending filing of an inventory confirming that the
estate has total assets of less than three thousand dollars:
PROVIDED, That the guardian or limited guardian shall
swear to report to the court any changes in the total assets of
the incapacitated person increasing their value to over three
thousand dollars: PROVIDED FURTHER, That the guardian or limited guardian shall file a yearly statement showing
the monthly income of the incapacitated person if said
monthly income, excluding moneys from state or federal benefits, is over the sum of five hundred dollars per month for
any three consecutive months. [2010 c 8 § 2088; 1990 c 122
§ 10; 1983 c 271 § 1; 1977 ex.s. c 309 § 7; 1975 1st ex.s. c 95
§ 10; 1965 c 145 § 11.88.100. Prior: 1961 c 155 § 1; 1951 c
242 § 1; 1947 c 145 § 1; 1945 c 41 § 1; 1917 c 156 § 203;
Rem. Supp. 1947 § 1573; prior: 1905 c 17 § 1; Code 1881 §
1612; 1860 p 226 § 329.]
Citation of surety on bond: RCW 11.92.056.
Suretyship: Chapter 19.72 RCW.
Additional notes found at www.leg.wa.gov
11.88.105 Reduction in amount of bond. In cases
where all or a portion of the estate consisting of cash or securities has been placed in possession of savings and loan associations or banks, trust companies, escrow corporations, or
other corporations approved by the court and if a verified
receipt signed by the custodian of the funds is filed by the
guardian or limited guardian in court stating that such corporations hold the cash or securities subject to order of court,
the court may in its discretion dispense with the bond or
reduce the amount of the bond by the amount of such deposits. [1990 c 122 § 11; 1975 1st ex.s. c 95 § 11; 1965 c 145 §
11.88.105.]
11.88.105
Additional notes found at www.leg.wa.gov
11.88.107 When bond not required. In all cases where
a bank or trust company, authorized to act as guardian or limited guardian, or where a nonprofit corporation is authorized
under its articles of incorporation to act as guardian or limited
11.88.107
[Title 11 RCW—page 82]
guardian, is appointed as guardian or limited guardian, or acts
as guardian or limited guardian under an appointment as such
heretofore made, no bond shall be required: PROVIDED,
That in the case of appointment of a nonprofit corporation
court approval shall be required before any bond requirement
of this chapter may be waived. [1990 c 122 § 12; 1977 ex.s.
c 309 § 8; 1975 1st ex.s. c 95 § 12; 1965 c 145 § 11.88.107.]
Additional notes found at www.leg.wa.gov
11.88.110
11.88.110 Law on executors’ and administrators’
bonds applicable. All the provisions of this title relative to
bonds given by executors and administrators shall apply to
bonds given by guardians or limited guardians. [1975 1st
ex.s. c 95 § 13; 1965 c 145 § 11.88.110. Prior: 1917 c 156 §
204; RRS § 1574; prior: Code 1881 § 1617; 1860 p 228 §
334.]
11.88.115
11.88.115 Notice to department of revenue. Duty of
guardian to notify department of revenue; personal liability
for taxes upon failure to give notice: See RCW 82.32.240.
11.88.120
11.88.120 Modification or termination of guardianship—Procedure. (1) At any time after establishment of a
guardianship or appointment of a guardian, the court may,
upon the death of the guardian or limited guardian, or, for
other good reason, modify or terminate the guardianship or
replace the guardian or limited guardian.
(2) Any person, including an incapacitated person, may
apply to the court for an order to modify or terminate a guardianship or to replace a guardian or limited guardian. If applicants are represented by counsel, counsel shall move for an
order to show cause why the relief requested should not be
granted. If applicants are not represented by counsel, they
may move for an order to show cause, or they may deliver a
written request to the clerk of the court.
(3) By the next judicial day after receipt of an unrepresented person’s request to modify or terminate a guardianship
order, or to replace a guardian or limited guardian, the clerk
shall deliver the request to the court. The court may (a) direct
the clerk to schedule a hearing, (b) appoint a guardian ad
litem to investigate the issues raised by the application or to
take any emergency action the court deems necessary to protect the incapacitated person until a hearing can be held, or (c)
deny the application without scheduling a hearing, if it
appears based on documents in the court file that the application is frivolous. Any denial of an application without a hearing shall be in writing with the reasons for the denial
explained. A copy of the order shall be mailed by the clerk to
the applicant, to the guardian, and to any other person entitled
to receive notice of proceedings in the matter. Unless within
thirty days after receiving the request from the clerk the court
directs otherwise, the clerk shall schedule a hearing on the
request and mail notice to the guardian, the incapacitated person, the applicant, all counsel of record, and any other person
entitled to receive notice of proceedings in the matter.
(4) In a hearing on an application to modify or terminate
a guardianship, or to replace a guardian or limited guardian,
the court may grant such relief as it deems just and in the best
interest of the incapacitated person.
(2010 Ed.)
Guardianship—Appointment, Qualification, Removal of Guardians
(5) The court may order persons who have been removed
as guardians to deliver any property or records belonging to
the incapacitated person in accordance with the court’s order.
Similarly, when guardians have died or been removed and
property or records of an incapacitated person are being held
by any other person, the court may order that person to
deliver it in accordance with the court’s order. Disobedience
of an order to deliver shall be punishable as contempt of
court. [1991 c 289 § 7; 1990 c 122 § 14; 1977 ex.s. c 309 §
9; 1975 1st ex.s. c 95 § 14; 1965 c 145 § 11.88.120. Prior:
1917 c 156 § 209; RRS § 1579; prior: Code 1881 § 1616;
1860 p 227 § 333; 1855 p 17 § 11.]
Additional notes found at www.leg.wa.gov
11.88.125
11.88.125 Standby limited guardian or limited
guardian. (1) The person appointed by the court as either
guardian or limited guardian of the person and/or estate of an
incapacitated person, shall file in writing with the court, a
notice designating a standby limited guardian or guardian to
serve as limited guardian or guardian at the death or legal
incapacity of the court-appointed guardian or limited guardian. The notice shall state the name, address, zip code, and
telephone number of the designated standby or limited guardian. Notice of the guardian’s designation of the standby
guardian shall be given to the standby guardian, the incapacitated person and his or her spouse or domestic partner and
adult children, any facility in which the incapacitated person
resides, and any person entitled to special notice under RCW
11.92.150 or any person entitled to receive pleadings pursuant to RCW 11.88.095(2)(g). Such standby guardian or limited guardian shall have all the powers, duties, and obligations of the regularly appointed guardian or limited guardian
and in addition shall, within a period of thirty days from the
death or adjudication of incapacity of the regularly appointed
guardian or limited guardian, file with the superior court in
the county in which the guardianship or limited guardianship
is then being administered, a petition for appointment of a
substitute guardian or limited guardian. Upon the court’s
appointment of a new, substitute guardian or limited guardian, the standby guardian or limited guardian shall make an
accounting and report to be approved by the court, and upon
approval of the court, the standby guardian or limited guardian shall be released from all duties and obligations arising
from or out of the guardianship or limited guardianship.
(2) Letters of guardianship shall be issued to the standby
guardian or limited guardian upon filing an oath and posting
a bond as required by RCW 11.88.100 as now or hereafter
amended. The oath may be filed prior to the appointed guardian or limited guardian’s death. Notice of such appointment
shall be provided to the standby guardian, the incapacitated
person, and any facility in which the incapacitated person
resides. The provisions of RCW 11.88.100 through
11.88.110 as now or hereafter amended shall apply to
standby guardians and limited guardians.
(3) In addition to the powers of a standby limited guardian or guardian as noted in subsection (1) of this section, the
standby limited guardian or guardian shall have the authority
to provide timely, informed consent to necessary medical
procedures, as authorized in RCW 11.92.040 as now or hereafter amended, if the guardian or limited guardian cannot be
(2010 Ed.)
11.88.140
located within four hours after the need for such consent
arises. [2008 c 6 § 805; 1991 c 289 § 8; 1990 c 122 § 15;
1979 c 32 § 1; 1977 ex.s. c 309 § 10; 1975 1st ex.s. c 95 § 6.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Additional notes found at www.leg.wa.gov
11.88.130 Transfer of jurisdiction and venue. The
court of any county having jurisdiction of any guardianship
or limited guardianship proceeding is authorized to transfer
jurisdiction and venue of the guardianship or limited guardianship proceeding to the court of any other county of the
state upon application of the guardian, limited guardian, or
incapacitated person and such notice to an alleged incapacitated person or other interested party as the court may
require. Such transfers of guardianship or limited guardianship proceedings shall be made to the court of a county
wherein either the guardian or limited guardian or alleged
incapacitated person resides, as the court may deem appropriate, at the time of making application for such transfer. The
original order providing for any such transfer shall be
retained as a permanent record by the clerk of the court in
which such order is entered, and a certified copy thereof
together with the original file in such guardianship or limited
guardianship proceeding and a certified transcript of all
record entries up to and including the order for such change
shall be transmitted to the clerk of the court to which such
proceeding is transferred. [1990 c 122 § 16; 1975 1st ex.s. c
95 § 15; 1965 c 145 § 11.88.130. Prior: 1955 c 45 § 1.]
11.88.130
Additional notes found at www.leg.wa.gov
11.88.140 Termination of guardianship or limited
guardianship. (1) TERMINATION WITHOUT COURT
ORDER. A guardianship or limited guardianship is terminated:
(a) Upon the attainment of full and legal age, as defined
in RCW 26.28.010 as now or hereafter amended, of any person defined as an incapacitated person pursuant to RCW
11.88.010 as now or hereafter amended solely by reason of
youth, RCW 26.28.020 to the contrary notwithstanding, subject to subsection (2) of this section;
(b) By an adjudication of capacity or an adjudication of
termination of incapacity;
(c) By the death of the incapacitated person;
(d) By expiration of the term of limited guardianship
specified in the order appointing the limited guardian, unless
prior to such expiration a petition has been filed and served,
as provided in RCW 11.88.040 as now or hereafter amended,
seeking an extension of such term.
(2) TERMINATION OF GUARDIANSHIP FOR A
MINOR BY DECLARATION OF COMPLETION. A guardianship for the benefit of a minor may be terminated upon the
minor’s attainment of legal age, as defined in RCW
26.28.010 as now or hereafter amended, by the guardian filing a declaration that states:
(a) The date the minor attained legal age;
(b) That the guardian has paid all of the minor’s funds in
the guardian’s possession to the minor, who has signed a
receipt for the funds, and that the receipt has been filed with
the court;
11.88.140
[Title 11 RCW—page 83]
11.88.150
Title 11 RCW: Probate and Trust Law
(c) That the guardian has completed the administration
of the minor’s estate and the guardianship is ready to be
closed; and
(d) The amount of fees paid or to be paid to each of the
following: (i) The guardian, (ii) lawyer or lawyers, (iii)
accountant or accountants; and that the guardian believes the
fees are reasonable and does not intend to obtain court
approval of the amount of the fees or to submit a guardianship accounting to the court for approval. Subject to the
requirement of notice as provided in this section, unless the
minor petitions the court either for an order requiring the
guardian to obtain court approval of the amount of fees paid
or to be paid to the guardian, lawyers, or accountants, or for
an order requiring an accounting, or both, within thirty days
from the filing of the declaration of completion of guardianship, the guardian shall be automatically discharged without
further order of the court. The guardian’s powers will cease
thirty days after filing the declaration of completion of guardianship. The declaration of completion of guardianship shall,
at the time, be the equivalent of an entry of a decree terminating the guardianship, distributing the assets, and discharging
the guardian for all legal intents and purposes.
Within five days of the date of filing the declaration of
completion of guardianship, the guardian or the guardian’s
lawyer shall mail a copy of the declaration of completion to
the minor together with a notice that shall be substantially as
follows:
CAPTION OF CASE
NOTICE OF FILING A
DECLARATION OF
COMPLETION OF
GUARDIANSHIP
NOTICE IS GIVEN that the attached Declaration of
Completion of Guardianship was filed by the undersigned
in the above-entitled court on the . . . . . . day of . . . . . .,
19 . . .; unless you file a petition in the above-entitled court
requesting the court to review the reasonableness of the
fees, or for an accounting, or both, and serve a copy of the
petition on the guardian or the guardian’s lawyer, within
thirty days after the filing date, the amount of fees paid or
to be paid will be deemed reasonable, the acts of the guardian will be deemed approved, the guardian will be automatically discharged without further order of the court and the
Declaration of Completion of Guardianship will be final
and deemed the equivalent of an order terminating the
guardianship, discharging the guardian and decreeing the
distribution of the guardianship assets.
If you file and serve a petition within the period specified, the undersigned will request the court to fix a time and
place for the hearing of your petition, and you will be notified of the time and place of the hearing, by mail, or by personal service, not less than ten days before the hearing on
the petition.
DATED this . . . . . . day of . . . . . ., 19 . . .
.........................
Guardian
If the minor, after reaching legal age, waives in writing
the notice required by this section, the guardian will be automatically discharged without further order of the court and
the declaration of completion of guardianship will be effec[Title 11 RCW—page 84]
tive as an order terminating the guardianship without an
accounting upon filing the declaration. If the guardian has
been required to furnish a bond, and a declaration of completion of guardianship is filed according to this section, any
bond furnished by the guardian shall be automatically discharged upon the discharge of the guardian.
(3) TERMINATION ON COURT ORDER. A guardianship or limited guardianship may be terminated by court
order after such notice as the court may require if the guardianship or limited guardianship is no longer necessary.
The guardian or limited guardian shall, within thirty days
of the date of termination, unless the court orders a different
deadline for good cause, prepare and file with the court a final
verified account of administration. The final verified account
of administration shall contain the same information as
required for (a) an intermediate verified account of administration of the estate under RCW 11.92.040(2) and (b) an
intermediate personal care status report under RCW
11.92.043(2).
(4) EFFECT OF TERMINATION. When a guardianship
or limited guardianship terminates other than by the death of
the incapacitated person, the powers of the guardian or limited guardian cease, except that a guardian or limited guardian of the estate may make disbursements for claims that are
or may be allowed by the court, for liabilities already properly incurred for the estate or for the incapacitated person,
and for expenses of administration. When a guardianship or
limited guardianship terminates by death of the incapacitated
person, the guardian or limited guardian of the estate may
proceed under RCW 11.88.150 as now or hereafter amended,
but the rights of all creditors against the incapacitated person’s estate shall be determined by the law of decedents’
estates. [1991 c 289 § 9; 1990 c 122 § 17; 1977 ex.s. c 309 §
11; 1975 1st ex.s. c 95 § 16; 1965 c 145 § 11.88.140.]
Procedure on removal or death of guardian or limited guardian: RCW
11.88.120.
Settlement of estate upon termination: RCW 11.92.053.
Additional notes found at www.leg.wa.gov
11.88.150 Administration of deceased incapacitated
person’s estate. (1) Upon the death of an incapacitated person, a guardian or limited guardian of the estate shall have
authority to disburse or commit those funds under the control
of the guardian or limited guardian as are prudent and within
the means of the estate for the disposition of the deceased
incapacitated person’s remains. Consent for such arrangement shall be secured according to RCW 68.50.160. If no
person authorized by *RCW 68.50.150 accepts responsibility
for giving consent, the guardian or limited guardian of the
estate may consent, subject to the provisions of this section
and to the known directives of the deceased incapacitated
person. Reasonable financial commitments made by a guardian or limited guardian pursuant to this section shall be binding against the estate of the deceased incapacitated person.
(2) Upon the death of an incapacitated person intestate
the guardian or limited guardian of his or her estate has power
under the letters issued to him or her and subject to the direction of the court to administer the estate as the estate of the
deceased incapacitated person without further letters unless
within forty days after death of the incapacitated person a
petition is filed for letters of administration or for letters tes11.88.150
(2010 Ed.)
Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
tamentary and the petition is granted. If the guardian or limited guardian elects to administer the estate under his or her
letters of guardianship or limited guardianship, he or she shall
petition the court for an order transferring the guardianship or
limited guardianship proceeding to a probate proceeding, and
upon court approval, the clerk of the court shall re-index the
cause as a decedent’s estate, using the same file number
which was assigned to the guardianship or limited guardianship proceeding. The guardian or limited guardian shall then
be authorized to continue administration of the estate without
the necessity for any further petition or hearing. Notice to
creditors and other persons interested in the estate shall be
published and may be combined with the notice of the guardian’s or limited guardian’s final account. This notice shall be
given and published in the manner provided in chapter 11.40
RCW. Upon the hearing, the account may be allowed and the
balance distributed to the persons entitled thereto, after the
payment of such claims as may be allowed. Liability on the
guardian’s or limited guardian’s bond shall continue until
exonerated on settlement of his or her account, and may
apply to the complete administration of the estate of the
deceased incapacitated person with the consent of the surety.
If letters of administration are granted upon petition filed
within forty days after the death of the incapacitated person,
the personal representative shall supersede the guardian or
limited guardian in the administration of the estate and the
estate shall be administered as a decedent’s estate as provided
in this title, including the publication of notice to creditors
and other interested persons and the barring of creditors
claims. [2010 c 8 § 2089; 1990 c 122 § 18; 1977 ex.s. c 309
§ 12; 1975 1st ex.s. c 95 § 17; 1965 c 145 § 11.88.150.]
*Reviser’s note: The reference to RCW 68.50.150 appears to be erroneous. RCW 68.50.160 was apparently intended. RCW 68.50.150 was subsequently repealed by 2005 c 365 § 161.
11.90.020
Chapter 11.90 RCW
UNIFORM ADULT GUARDIANSHIP AND
PROTECTIVE PROCEEDINGS JURISDICTION ACT
Chapter 11.90
Sections
GENERAL PROVISIONS
11.90.010
11.90.020
11.90.030
11.90.040
11.90.050
11.90.060
Short title.
Definitions.
Foreign country treatment.
Communications with out-of-state courts.
Requests between in-state and out-of-state courts.
Testimony and documentary evidence from another state.
11.90.200
11.90.210
11.90.220
11.90.230
11.90.240
Definitions.
Exclusive jurisdictional basis.
Appointing a guardian or issuing a protective order.
Special jurisdiction.
Exclusive jurisdiction for court appointing a guardian or issuing a protective order.
In-state court declining jurisdiction.
Jurisdiction required by unjustifiable conduct.
Notice of petition requirements when not respondent’s home
state on filing date.
Rules when guardian appointment or protective order petition
is filed in Washington and another state.
JURISDICTION
11.90.250
11.90.260
11.90.270
11.90.280
TRANSFER OF GUARDIANSHIP
11.90.400
11.90.410
11.90.420
11.90.430
11.90.440
Procedure for transfer of guardianship to an out-of-state court.
Procedures for transfer of guardianship or conservatorship to
Washington.
Registering out-of-state guardianship.
Registering an out-of-state protective order.
Enforcement of guardianship or protective order from another
state.
MISCELLANEOUS PROVISIONS
11.90.450
11.90.460
11.90.470
Uniformity.
Application of the federal electronic signatures in global and
national commerce act.
Application.
GENERAL PROVISIONS
Settlement of estate upon termination: RCW 11.92.053.
11.90.010 Short title. This chapter may be cited as the
uniform adult guardianship and protective proceedings jurisdiction act. [2009 c 81 § 1.]
11.90.010
Additional notes found at www.leg.wa.gov
11.88.160
11.88.160 Guardianships involving veterans. For
guardianships involving veterans see chapter 73.36 RCW.
[1990 c 122 § 13.]
Effective date—2009 c 81: "This act takes effect January 1, 2010."
[2009 c 81 § 24.]
11.90.020 Definitions. In this chapter:
(1) "Adult" means an individual who has attained eighteen years of age.
(2) "Guardian of the estate" means a person appointed by
the court to administer the property of an adult, and includes
a conservator appointed by the court in another state.
(3) "Guardian of the person" or "guardian" means a person appointed by the court to make decisions regarding the
person of an adult.
(4) "Guardianship order" means an order appointing a
guardian of the person or guardian of the estate.
(5) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian of the
person or guardian of the estate is sought or has been issued.
(6) "Incapacitated person" means an adult for whom a
guardian of the person or guardian of the estate has been
appointed.
(7) "Party" means the respondent, petitioner, guardian of
the person or guardian of the estate, or any other person
11.90.020
Additional notes found at www.leg.wa.gov
11.88.900
11.88.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 35.]
(2010 Ed.)
[Title 11 RCW—page 85]
11.90.030
Title 11 RCW: Probate and Trust Law
allowed by the court to participate in a guardianship or protective proceeding.
(8) "Person," except in the term incapacitated person or
protected person, means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, public corporation, government or
governmental subdivision, agency, or instrumentality, or any
other legal or commercial entity.
(9) "Protected person" means an adult for whom a protective order has been issued.
(10) "Protective order" means an order appointing a
guardian of the estate or other order related to management of
an adult’s property, including an order issued by a court in
another state appointing a conservator.
(11) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.
(12) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(13) "Respondent" means an adult for whom a protective
order or the appointment of a guardian of the person is
sought.
(14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin
Islands, a federally recognized Indian tribe, or any territory or
insular possession subject to the jurisdiction of the United
States. [2009 c 81 § 2.]
Effective date—2009 c 81: See note following RCW 11.90.010.
11.90.030 Foreign country treatment. A court of this
state may treat a foreign country as if it were a state for the
purpose of applying this chapter. [2009 c 81 § 3.]
11.90.030
Effective date—2009 c 81: See note following RCW 11.90.010.
11.90.040 Communications with out-of-state courts.
(1) A court of this state may communicate with a court in
another state concerning a proceeding arising under this
chapter. The court may allow the parties to participate in the
communication. Except as otherwise provided in subsection
(2) of this section, the court shall make a record of the communication. The record may be limited to the fact that the
communication occurred.
(2) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record. [2009 c 81 § 4.]
11.90.040
Effective date—2009 c 81: See note following RCW 11.90.010.
11.90.050 Requests between in-state and out-of-state
courts. (1) In a guardianship or protective proceeding in this
state, a court of this state may request the appropriate court of
another state to do any of the following:
(a) Hold an evidentiary hearing;
(b) Order a person in that state to produce evidence or
give testimony pursuant to procedures of that state;
(c) Order that an evaluation or assessment be made of the
respondent;
(d) Order any appropriate investigation of a person
involved in a proceeding;
(e) Forward to the court of this state a certified copy of
the transcript or other record of a hearing under (a) of this
11.90.050
[Title 11 RCW—page 86]
subsection or any other proceeding, any evidence otherwise
produced under (b) of this subsection, and any evaluation or
assessment prepared in compliance with an order under (c) or
(d) of this subsection;
(f) Issue any order necessary to assure the appearance in
the proceeding of a person whose presence is necessary for
the court to make a determination, including the respondent
or the incapacitated or protected person;
(g) Issue an order authorizing the release of medical,
financial, criminal, or other relevant information in that state,
including protected health information as defined in 45
C.F.R. Sec. 164.504.
(2) If a court of another state in which a guardianship or
protective proceeding is pending requests assistance of the
kind provided in subsection (1) of this section, a court of this
state has jurisdiction for the limited purpose of granting the
request or making reasonable efforts to comply with the
request. [2009 c 81 § 5.]
Effective date—2009 c 81: See note following RCW 11.90.010.
11.90.060 Testimony and documentary evidence
from another state. (1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state
may be offered by deposition or other means allowable in this
state for testimony taken in another state. The court on its
own motion may order that the testimony of a witness be
taken in another state and may prescribe the manner in which
and the terms upon which the testimony is to be taken.
(2) In a guardianship or protective proceeding, a court in
this state may permit a witness located in another state to be
deposed or to testify by telephone or audiovisual or other
electronic means. A court of this state shall cooperate with
the court of the other state in designating an appropriate location for the deposition or testimony.
(3) Documentary evidence transmitted from another
state to a court of this state by technological means that do not
produce an original writing may not be excluded from evidence on an objection based on the best evidence rule. [2009
c 81 § 6.]
11.90.060
Effective date—2009 c 81: See note following RCW 11.90.010.
JURISDICTION
11.90.200 Definitions. (1) In this chapter:
(a) "Emergency" means a circumstance that likely will
result in substantial harm to a respondent’s health, safety, or
welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to
act on the respondent’s behalf.
(b) "Home state" means the state in which the respondent
was physically present, including any period of temporary
absence, for at least six consecutive months immediately
before the filing of a petition for a protective order or the
appointment of a guardian; or if none, the state in which the
respondent was physically present, including any period of
temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.
(c) "Significant-connection state" means a state, other
than the home state, with which a respondent has a significant
11.90.200
(2010 Ed.)
Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
connection other than mere physical presence and in which
substantial evidence concerning the respondent is available.
(2) In determining under RCW 11.90.220 and
11.90.400(5) whether a respondent has a significant connection with a particular state, the court shall consider:
(a) The location of the respondent’s family and other
persons required to be notified of the guardianship or protective proceeding;
(b) The length of time the respondent at any time was
physically present in the state and the duration of any
absence;
(c) The location of the respondent’s property; and
(d) The extent to which the respondent has ties to the
state such as voting registration, state or local tax return filing, vehicle registration, driver’s license, social relationship,
and receipt of services. [2009 c 81 § 7.]
11.90.250
(b) Issue a protective order with respect to a respondent’s
real or tangible personal property located in this state if a
petition for appointment of a guardian or a conservator for the
respondent is pending or has been approved in another state;
(c) Appoint a guardian of the person or guardian of the
estate for an incapacitated or protected person for whom a
provisional order to transfer the proceeding from another
state has been issued under procedures similar to RCW
11.90.400.
(2) If a petition for the appointment of a guardian in an
emergency is brought in this state and this state was not the
respondent’s home state on the date the petition was filed, the
court shall dismiss the proceeding at the request of the court
of the home state, if any, whether dismissal is requested
before or after the emergency appointment. [2009 c 81 § 10.]
Effective date—2009 c 81: See note following RCW 11.90.010.
Effective date—2009 c 81: See note following RCW 11.90.010.
11.90.240 Exclusive jurisdiction for court appointing
a guardian or issuing a protective order. Except as otherwise provided in RCW 11.90.230, a court that has appointed
a guardian or issued a protective order consistent with this
chapter has exclusive and continuing jurisdiction over the
proceeding until it is terminated by the court or the appointment or order expires by its own terms. [2009 c 81 § 11.]
11.90.240
11.90.210 Exclusive jurisdictional basis. This chapter
provides the exclusive jurisdictional basis for a court of this
state to appoint a guardian or issue a protective order for an
adult under chapters 11.88 and 11.92 RCW. [2009 c 81 § 8.]
11.90.210
Effective date—2009 c 81: See note following RCW 11.90.010.
11.90.220 Appointing a guardian or issuing a protective order. A court of this state has jurisdiction to appoint a
guardian or issue a protective order for a respondent if:
(1) This state is the respondent’s home state;
(2) On the date the petition is filed, this state is a significant-connection state and:
(a) The respondent does not have a home state or a court
of the respondent’s home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(b) The respondent has a home state, a petition for an
appointment or order is not pending in a court of that state or
another significant-connection state, and, before the court
makes the appointment or issues the order:
(i) A petition for an appointment or order is not filed in
the respondent’s home state;
(ii) An objection to the court’s jurisdiction is not filed by
a person required to be notified of the proceeding; and
(iii) The court in this state concludes that it is an appropriate forum under the factors set forth in RCW 11.90.250;
(3) This state does not have jurisdiction under either subsection (1) or (2) of this section, the respondent’s home state
and all significant-connection states have declined to exercise
jurisdiction because this state is the more appropriate forum,
and jurisdiction in this state is consistent with the constitutions of this state and the United States; or
(4) The requirements for special jurisdiction under RCW
11.90.230 are met. [2009 c 81 § 9.]
11.90.220
Effective date—2009 c 81: See note following RCW 11.90.010.
11.90.230 Special jurisdiction. (1) A court of this state
lacking jurisdiction under RCW 11.90.220 has special jurisdiction to do any of the following:
(a) In an emergency, process a petition under RCW
11.88.090 for appointment of a guardian for a respondent
who is physically present in this state, for a term not exceeding ninety days;
11.90.230
(2010 Ed.)
Effective date—2009 c 81: See note following RCW 11.90.010.
11.90.250 In-state court declining jurisdiction. (1) A
court of this state having jurisdiction under RCW 11.90.220
to appoint a guardian or issue a protective order may decline
to exercise its jurisdiction if it determines at any time that a
court of another state is a more appropriate forum.
(2) If a court of this state declines to exercise its jurisdiction under subsection (1) of this section, it shall either dismiss
or stay the proceeding. The court may impose any condition
the court considers just and proper, including the condition
that a petition for the appointment of a guardian or issuance
of a protective order be filed promptly in another state.
(3) In determining whether it is an appropriate forum, the
court shall consider all relevant factors, including:
(a) Any expressed preference of the respondent;
(b) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could
best protect the respondent from the abuse, neglect, or exploitation;
(c) The length of time the respondent was physically
present in or was a legal resident of this or another state;
(d) The distance of the respondent from the court in each
state;
(e) The financial circumstances of the respondent’s
estate;
(f) The nature and location of the evidence;
(g) The ability of the court in each state to decide the
issue expeditiously and the procedures necessary to present
evidence;
(h) The familiarity of the court of each state with the
facts and issues in the proceeding; and
(i) If an appointment were made, the court’s ability to
monitor the conduct of the guardian of the person or guardian
of the estate. [2009 c 81 § 12.]
11.90.250
Effective date—2009 c 81: See note following RCW 11.90.010.
[Title 11 RCW—page 87]
11.90.260
Title 11 RCW: Probate and Trust Law
11.90.260 Jurisdiction required by unjustifiable conduct. (1) If at any time a court of this state determines that it
acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(a) Decline to exercise jurisdiction;
(b) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and
welfare of the respondent or the protection of the respondent’s property or prevent a repetition of the unjustifiable
conduct, including staying the proceeding until a petition for
the appointment of a guardian or issuance of a protective
order is filed in a court of another state having jurisdiction; or
(c) Continue to exercise jurisdiction after considering:
(i) The extent to which the respondent and all persons
required to be notified of the proceedings have acquiesced in
the exercise of the court’s jurisdiction;
(ii) Whether it is a more appropriate forum than the court
of any other state under the factors set forth in RCW
11.90.250(3); and
(iii) Whether the court of any other state would have
jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of RCW 11.90.220.
(2) If a court of this state determines that it acquired
jurisdiction to appoint a guardian or issue a protective order
because a party seeking to invoke its jurisdiction engaged in
unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorneys’ fees,
investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may
not assess fees, costs, or expenses of any kind against this
state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter. [2009 c 81 § 13.]
11.90.260
Effective date—2009 c 81: See note following RCW 11.90.010.
11.90.270 Notice of petition requirements when not
respondent’s home state on filing date. If a petition for the
appointment of a guardian or issuance of a protective order is
brought in this state and this state was not the respondent’s
home state on the date the petition was filed, in addition to
complying with the notice requirements of this state, notice
of the petition must be given to those persons who would be
entitled to notice of the petition if a proceeding were brought
in the respondent’s home state. The notice must be given in
the same manner as notice is required to be given in this state.
[2009 c 81 § 14.]
11.90.270
Effective date—2009 c 81: See note following RCW 11.90.010.
11.90.280 Rules when guardian appointment or protective order petition is filed in Washington and another
state. Except for a petition for the appointment of a guardian
in an emergency or issuance of a protective order limited to
property located in this state under RCW 11.90.230(1) (a) or
(b), if a petition for the appointment of a guardian or issuance
of a protective order is filed in this state and in another state
and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under RCW
11.90.220, it may proceed with the case unless a court in
another state acquires jurisdiction under provisions similar to
11.90.280
[Title 11 RCW—page 88]
RCW 11.90.220 before the appointment or issuance of the
order.
(2) If the court in this state does not have jurisdiction
under RCW 11.90.220, whether at the time the petition is
filed or at any time before the appointment or issuance of the
order, the court shall stay the proceeding and communicate
with the court in the other state. If the court in the other state
has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the
court in this state is a more appropriate forum. [2009 c 81 §
15.]
Effective date—2009 c 81: See note following RCW 11.90.010.
TRANSFER OF GUARDIANSHIP
11.90.400 Procedure for transfer of guardianship to
an out-of-state court. (1) A guardian of the person or guardian of the estate appointed in this state may petition the court
to transfer the guardianship to another state.
(2) Notice of a petition under subsection (1) of this section must be given to the persons that would be entitled to
notice of a petition in this state for the appointment of a
guardian of the person or guardian of the estate.
(3) On the court’s own motion or on request of the guardian of the person or guardian of the estate, the incapacitated
or protected person, or other person required to be notified of
the petition, the court shall hold a hearing on a petition filed
pursuant to subsection (1) of this section.
(4) The court shall issue an order provisionally granting
a petition to transfer a guardianship and shall direct the
guardian of the person or guardian of the estate to petition for
guardianship in the other state if the court is satisfied that the
guardianship will be accepted by the court in the other state
and the court finds that:
(a) The incapacitated person is physically present in or is
reasonably expected to move permanently to the other state;
(b) An objection to the transfer has not been made or, if
an objection has been made, the objector has not established
that the transfer would be contrary to the interests of the incapacitated person; and
(c) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
(5) The court shall issue a provisional order granting a
petition to transfer a guardianship of the estate and shall
direct the guardian of the estate to petition for guardianship of
the estate or conservatorship in the other state if the court is
satisfied that the guardianship of the estate will be accepted
by the court of the other state and the court finds that:
(a) The protected person is physically present in or is
reasonably expected to move permanently to the other state,
or the protected person has a significant connection to the
other state considering the factors in RCW 11.90.200(2);
(b) An objection to the transfer has not been made or, if
an objection has been made, the objector has not established
that the transfer would be contrary to the interests of the protected person; and
(c) Adequate arrangements will be made for management of the protected person’s property.
(6) The court shall issue a final order confirming the
transfer and terminating the guardianship of the person or
guardianship of the estate upon its receipt of:
11.90.400
(2010 Ed.)
Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
(a) A provisional order accepting the proceeding from
the court to which the proceeding is to be transferred which is
issued under provisions similar to RCW 11.90.410; and
(b) The documents required to terminate a guardianship
of the person or guardianship of the estate in this state. [2009
c 81 § 16.]
Effective date—2009 c 81: See note following RCW 11.90.010.
11.90.410
11.90.410 Procedures for transfer of guardianship or
conservatorship to Washington. (1) To confirm transfer of
a guardianship or conservatorship transferred to this state
under provisions similar to RCW 11.90.400, the guardian or
conservator must petition the court in this state to accept the
guardianship or conservatorship. The petition must include a
certified copy of the other state’s provisional order of transfer.
(2) Notice of a petition under subsection (1) of this section must be given to those persons that would be entitled to
notice if the petition were a petition for the appointment of a
guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same
manner as notice is required to be given in this state.
(3) On the court’s own motion or on request of the guardian or conservator, the incapacitated or protected person, or
other person required to be notified of the proceeding, the
court shall hold a hearing on a petition filed pursuant to subsection (1) of this section.
(4) The court shall issue an order provisionally granting
a petition filed under subsection (1) of this section unless:
(a) An objection is made and the objector establishes that
transfer of the proceeding would be contrary to the interests
of the incapacitated or protected person; or
(b) The guardian or conservator is ineligible for appointment in this state.
(5) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian of the person or guardian of the estate in this state upon its
receipt from the court from which the proceeding is being
transferred of a final order issued under provisions similar to
RCW 11.90.400 transferring the proceeding to this state.
(6) Not later than ninety days after issuance of a final
order accepting transfer of a guardianship or conservatorship,
the court shall determine whether the guardianship of the person or guardianship of the estate needs to be modified to conform to the law of this state.
(7) In granting a petition under this section, the court
shall recognize a guardianship or conservatorship order from
the other state, including the determination of the incapacitated or protected person’s incapacity and the appointment of
the guardian or conservator.
(8) The denial by a court of this state of a petition to
accept a guardianship or conservatorship transferred from
another state does not affect the ability of the guardian or
conservator to seek appointment as guardian or guardian of
the estate in this state if the court has jurisdiction to make an
appointment other than by reason of the provisional order of
transfer. [2009 c 81 § 17.]
Effective date—2009 c 81: See note following RCW 11.90.010.
(2010 Ed.)
11.90.470
11.90.420 Registering out-of-state guardianship. If a
guardian has been appointed in another state and a petition
for the appointment of a guardian is not pending in this state,
the guardian appointed in the other state, after giving notice
to the appointing court of an intent to register, may register
the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office. [2009 c 81 § 18.]
11.90.420
Effective date—2009 c 81: See note following RCW 11.90.010.
11.90.430 Registering an out-of-state protective
order. If a guardian of the estate or conservator has been
appointed in another state and a petition for a protective order
is not pending in this state, the guardian of the estate or conservator appointed in the other state, after giving notice to the
appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a
court of this state, in any county in which property belonging
to the protected person is located, certified copies of the order
and letters of office and of any bond. [2009 c 81 § 19.]
11.90.430
Effective date—2009 c 81: See note following RCW 11.90.010.
11.90.440 Enforcement of guardianship or protective
order from another state. (1) Upon registration of a guardianship or protective order from another state, the guardian or
conservator may exercise in this state all powers authorized
in the order of appointment except as prohibited under the
laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a
resident of this state, subject to any conditions imposed upon
nonresident parties.
(2) A court of this state may grant any relief available
under this chapter and other law of this state to enforce a registered order. [2009 c 81 § 20.]
11.90.440
Effective date—2009 c 81: See note following RCW 11.90.010.
MISCELLANEOUS PROVISIONS
11.90.450 Uniformity. In applying and construing this
uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter
among states that enact it. [2009 c 81 § 21.]
11.90.450
Effective date—2009 c 81: See note following RCW 11.90.010.
11.90.460 Application of the federal electronic signatures in global and national commerce act. This chapter
modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. Sec.
7001, et seq., but does not modify, limit, or supersede section
101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic
delivery of any of the notices described in section 103(b) of
that act, 15 U.S.C. Sec. 7003(b). [2009 c 81 § 22.]
11.90.460
Effective date—2009 c 81: See note following RCW 11.90.010.
11.90.470 Application. (1) This chapter applies to
guardianship and protective proceedings filed on or after January 1, 2010.
(2) RCW 11.90.010 through 11.90.060 and 11.90.400
through 11.90.460 apply to proceedings filed before January
11.90.470
[Title 11 RCW—page 89]
Chapter 11.92
Title 11 RCW: Probate and Trust Law
1, 2010, regardless of whether a guardianship or protective
order has been issued. [2009 c 81 § 23.]
Effective date—2009 c 81: See note following RCW 11.90.010.
Chapter 11.92 RCW
GUARDIANSHIP—POWERS AND DUTIES OF
GUARDIAN OR LIMITED GUARDIAN
Chapter 11.92
Sections
11.92.010
11.92.035
11.92.040
11.92.043
11.92.050
11.92.053
11.92.056
11.92.060
11.92.090
11.92.096
11.92.100
11.92.110
11.92.115
11.92.120
11.92.125
11.92.130
11.92.140
11.92.150
11.92.160
11.92.170
11.92.180
11.92.185
11.92.190
Guardians or limited guardians under court control—Legal
age.
Claims.
Duties of guardian or limited guardian in general.
Additional duties.
Intermediate accounts—Hearing—Order.
Settlement of estate upon termination.
Citation of surety on bond.
Guardian to represent incapacitated person—Compromise of
claims—Service of process.
Sale, exchange, lease, or mortgage of property.
Guardian access to certain held assets.
Petition—Contents.
Sale of real estate.
Return and confirmation of sale.
Confirmation conclusive.
Broker’s fee and closing expenses—Sale, exchange, mortgage, or lease of real estate.
Performance of contracts.
Court authorization for actions regarding guardianship funds.
Request for special notice of proceedings.
Citation for failure to file account or report.
Removal of property of nonresident incapacitated person.
Compensation and expenses of guardian or limited guardian—
Attorney’s fees—Department of social and health services
clients paying part of costs—Rules.
Concealed or embezzled property.
Detention of person in residential placement facility against
will prohibited—Effect of court order—Service of notice of
residential placement.
Veterans: RCW 73.04.140.
11.92.010 Guardians or limited guardians under
court control—Legal age. Guardians or limited guardians
herein provided for shall at all times be under the general
direction and control of the court making the appointment.
For the purposes of chapters 11.88 and 11.92 RCW, all persons shall be of full and legal age when they shall be eighteen
years old. [1975 1st ex.s. c 95 § 18; 1971 c 28 § 5; 1965 c 145
§ 11.92.010. Prior: 1923 c 72 § 1; 1917 c 156 § 202; RRS §
1572. Formerly RCW 11.92.010 and 11.92.020.]
11.92.010
Age of majority: RCW 26.28.010.
Married persons deemed to be of full age: RCW 26.28.020.
Termination of guardianship or limited guardianship upon attainment of
legal age: RCW 11.88.140.
Transfer of jurisdiction and venue: RCW 11.88.130.
11.92.035 Claims. (1) DUTY OF GUARDIAN TO
PAY. A guardian of the estate is under a duty to pay from the
estate all just claims against the estate of the incapacitated
person, whether they constitute liabilities of the incapacitated
person which arose prior to the guardianship or liabilities
properly incurred by the guardian for the benefit of the incapacitated person or his or her estate and whether arising in
contract or in tort or otherwise, upon allowance of the claim
by the court or upon approval of the court in a settlement of
the guardian’s accounts. The duty of the guardian to pay from
the estate shall not preclude the guardian’s personal liability
for his or her own contracts and acts made and performed on
11.92.035
[Title 11 RCW—page 90]
behalf of the estate as it exists according to the common law.
If it appears that the estate is likely to be exhausted before all
existing claims are paid, preference shall be given to (a) the
expenses of administration including guardian’s fees, attorneys’ fees, and court costs; (b) prior claims for the care,
maintenance and education of the incapacitated person and of
the person’s dependents over other claims. Subject to court
orders limiting such powers, a limited guardian of an estate
shall have the same authority to pay claims.
(2) CLAIMS MAY BE PRESENTED. Any person having a claim against the estate of an incapacitated person, or
against the guardian of his or her estate as such, may file a
written claim with the court for determination at any time
before it is barred by the statute of limitations. After ten days’
notice to a guardian or limited guardian, a hearing on the
claim shall be held, at which upon proof thereof and after
consideration of any defenses or objections by the guardian,
the court may enter an order for its allowance and payment
from the estate. Any action against the guardian of the estate
as such shall be deemed a claim duly filed. [1990 c 122 § 19;
1975 1st ex.s. c 95 § 19; 1965 c 145 § 11.92.035.]
Actions against guardian: RCW 11.92.060.
Claims against estate of deceased incompetent person or individual with a
disability: RCW 11.88.150.
Disbursement for claims on termination of guardianship or limited guardianship: RCW 11.88.140.
Additional notes found at www.leg.wa.gov
11.92.040 Duties of guardian or limited guardian in
general. It shall be the duty of the guardian or limited guardian of an estate:
(1) To file within three months after the guardian’s
appointment a verified inventory of all the property of the
incapacitated person which comes into the guardian’s possession or knowledge, including a statement of all encumbrances, liens, and other secured charges on any item;
(2) To file annually, within ninety days after the anniversary date of the guardian’s or limited guardian’s appointment,
and also within thirty days after termination of the appointment, unless the court for good cause orders a different deadline to file following termination, a written verified account
of the administration, which account shall contain at least the
following information:
(a) Identification of property of the guardianship estate
as of the date of the last account or, in the case of the initial
account, as of the date of inventory;
(b) Identification of all additional property received into
the guardianship, including income by source;
(c) Identification of all expenditures made during the
account period by major categories;
(d) Any adjustments to the guardianship estate required
to establish its present fair market value, including gains or
losses on sale or other disposition and any mortgages, deeds
of trust or other encumbrances against the guardianship
estate; and
(e) Identification of all property held in the guardianship
estate as of the date of account, the assessed value of any real
property and the guardian’s estimate of the present fair market values of other property (including the basis on which
such estimate is made), and the total net fair market value of
the guardianship estate. In addition, immediately following
11.92.040
(2010 Ed.)
Guardianship—Powers and Duties of Guardian or Limited Guardian
such statement of present fair market value, the account shall
set forth a statement of current amount of the guardian’s bond
and any other court-ordered protection for the security of the
guardianship assets;
(3) The court in its discretion may allow reports at intervals of up to thirty-six months for estates with assets (exclusive of real property) having a value of not more than twice
the homestead exemption. Notwithstanding contrary provisions of this section, the guardian or limited guardian of an
estate need not file an annual report with the court if the funds
of the guardianship are held for the benefit of a minor in a
blocked account unless the guardian requests a withdrawal
from such account, in which case the guardian shall provide a
written verified account of the administration of the guardianship estate along with the guardian’s petition for the withdrawal. The guardian or limited guardian shall report any
substantial change in income or assets of the guardianship
estate within thirty days of the occurrence of the change. A
hearing shall be scheduled for court review and determination of provision for increased bond or other provision in
accordance with RCW 11.88.100;
(4) To protect and preserve the guardianship estate, to
apply it as provided in this chapter, to account for it faithfully, to perform all of the duties required by law, and at the
termination of the guardianship or limited guardianship, to
deliver the assets of the incapacitated person to the persons
entitled thereto. Except as provided to the contrary herein, the
court may authorize a guardian or limited guardian to do anything that a trustee can do under the provisions of RCW
11.98.070 for a period not exceeding one year from the date
of the order or for a period corresponding to the interval in
which the guardian’s or limited guardian’s report is required
to be filed by the court pursuant to subsection (2) of this section, whichever period is longer;
(5) To invest and reinvest the property of the incapacitated person in accordance with the rules applicable to investment of trust estates by trustees as provided in chapter 11.100
RCW, except that:
(a) No investments shall be made without prior order of
the court in any property other than unconditional interest
bearing obligations of this state or of the United States and in
obligations the interest and principal of which are unconditionally guaranteed by the United States, and in share
accounts or deposits which are insured by an agency of the
United States government. Such prior order of the court may
authorize specific investments, or, in the discretion of the
court, may authorize the guardian or limited guardian to
invest and reinvest as provided in chapter 11.100 RCW without further order of the court;
(b) If it is for the best interests of the incapacitated person that a specific property be used by the incapacitated person rather than sold and the proceeds invested, the court may
so order;
(6) To apply to the court no later than the filing of the
inventory for an order authorizing disbursements on behalf of
the incapacitated person: PROVIDED, HOWEVER, That
the guardian or limited guardian of the estate, or the person,
department, bureau, agency, or charitable organization having the care and custody of an incapacitated person, may
apply to the court for an order directing the guardian or limited guardian of the estate to pay to the person, department,
(2010 Ed.)
11.92.043
bureau, agency, or charitable organization having the care
and custody of an incapacitated person, or if the guardian or
limited guardian of the estate has the care and custody of the
incapacitated person, directing the guardian or limited guardian of the estate to apply an amount weekly, monthly, quarterly, semi-annually, or annually, as the court may direct, to
be expended in the care, maintenance, and education of the
incapacitated person and of his or her dependents. In proper
cases, the court may order payment of amounts directly to the
incapacitated person for his or her maintenance or incidental
expenses. The amounts authorized under this section may be
decreased or increased from time to time by direction of the
court. If payments are made to another under an order of the
court, the guardian or limited guardian of the estate is not
bound to see to the application thereof. [1991 c 289 § 10;
1990 c 122 § 20; 1985 c 30 § 9. Prior: 1984 c 149 § 12; 1979
c 32 § 2; 1977 ex.s. c 309 § 13; 1975 1st ex.s. c 95 § 20; 1965
c 145 § 11.92.040; prior: 1957 c 64 § 1; 1955 c 205 § 15;
1941 c 83 § 1; 1917 c 156 § 205; Rem. Supp. 1941 § 1575;
prior: 1895 c 42 § 1; Code 1881 § 1614.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Compulsory school attendance law, duty to comply with: RCW
28A.225.010.
Disabled person, defined: RCW 11.88.010.
Additional notes found at www.leg.wa.gov
11.92.043 Additional duties. It shall be the duty of the
guardian or limited guardian of the person:
(1) To file within three months after appointment a personal care plan for the incapacitated person which shall
include (a) an assessment of the incapacitated person’s physical, mental, and emotional needs and of such person’s ability
to perform or assist in activities of daily living, and (b) the
guardian’s specific plan for meeting the identified and
emerging personal care needs of the incapacitated person.
(2) To file annually or, where a guardian of the estate has
been appointed, at the time an account is required to be filed
under RCW 11.92.040, a report on the status of the incapacitated person, which shall include:
(a) The address and name of the incapacitated person and
all residential changes during the period;
(b) The services or programs which the incapacitated
person receives;
(c) The medical status of the incapacitated person;
(d) The mental status of the incapacitated person;
(e) Changes in the functional abilities of the incapacitated person;
(f) Activities of the guardian for the period;
(g) Any recommended changes in the scope of the
authority of the guardian;
(h) The identity of any professionals who have assisted
the incapacitated person during the period.
(3) To report to the court within thirty days any substantial change in the incapacitated person’s condition, or any
changes in residence of the incapacitated person.
(4) Consistent with the powers granted by the court, to
care for and maintain the incapacitated person in the setting
least restrictive to the incapacitated person’s freedom and
appropriate to the incapacitated person’s personal care needs,
assert the incapacitated person’s rights and best interests, and
11.92.043
[Title 11 RCW—page 91]
11.92.050
Title 11 RCW: Probate and Trust Law
if the incapacitated person is a minor or where otherwise
appropriate, to see that the incapacitated person receives
appropriate training and education and that the incapacitated
person has the opportunity to learn a trade, occupation, or
profession.
(5) Consistent with RCW 7.70.065, to provide timely,
informed consent for health care of the incapacitated person,
except in the case of a limited guardian where such power is
not expressly provided for in the order of appointment or subsequent modifying order as provided in RCW 11.88.125 as
now or hereafter amended, the standby guardian or standby
limited guardian may provide timely, informed consent to
necessary medical procedures if the guardian or limited
guardian cannot be located within four hours after the need
for such consent arises. No guardian, limited guardian, or
standby guardian may involuntarily commit for mental health
treatment, observation, or evaluation an alleged incapacitated
person who is unable or unwilling to give informed consent
to such commitment unless the procedures for involuntary
commitment set forth in chapter 71.05 or 72.23 RCW are followed. Nothing in this section shall be construed to allow a
guardian, limited guardian, or standby guardian to consent to:
(a) Therapy or other procedure which induces convulsion;
(b) Surgery solely for the purpose of psychosurgery;
(c) Other psychiatric or mental health procedures that
restrict physical freedom of movement, or the rights set forth
in *RCW 71.05.370.
A guardian, limited guardian, or standby guardian who
believes these procedures are necessary for the proper care
and maintenance of the incapacitated person shall petition the
court for an order unless the court has previously approved
the procedure within the past thirty days. The court may order
the procedure only after an attorney is appointed in accordance with RCW 11.88.045 if no attorney has previously
appeared, notice is given, and a hearing is held in accordance
with RCW 11.88.040. [1991 c 289 § 11; 1990 c 122 § 21.]
*Reviser’s note: RCW 71.05.370 was recodified as RCW 71.05.217
pursuant to 2005 c 504 § 108, effective July 1, 2005.
Additional notes found at www.leg.wa.gov
11.92.050 Intermediate accounts—Hearing—Order.
(1) Upon the filing of any intermediate guardianship or limited guardianship account required by statute, or of any intermediate account required by court rule or order, the guardian
or limited guardian may petition the court for an order settling his or her account with regard to any receipts, expenditures, and investments made and acts done by the guardian or
limited guardian to the date of the interim report. Upon such
petition being filed, the court may in its discretion, where the
size or condition of the estate warrants it, set a date for the
hearing of the petition and require the service of the petition
and a notice of the hearing as provided in RCW 11.88.040 as
now or hereafter amended; and, in the event a hearing is
ordered, the court may also appoint a guardian ad litem,
whose duty it shall be to investigate the report of the guardian
or limited guardian of the estate and to advise the court
thereon at the hearing, in writing. At the hearing on the report
of the guardian or limited guardian, if the court is satisfied
that the actions of the guardian or limited guardian have been
proper, and that the guardian or limited guardian has in all
11.92.050
[Title 11 RCW—page 92]
respects discharged his or her trust with relation to the
receipts, expenditures, investments, and acts, then, in such
event, the court shall enter an order approving such account.
If the court has appointed a guardian ad litem, the order shall
be final and binding upon the incapacitated person, subject
only to the right of appeal as upon a final order; provided that
at the time of final account of said guardian or limited guardian or within one year after the incapacitated person attains
his or her majority any such interim account may be challenged by the incapacitated person on the ground of fraud.
(2) The procedure established in subsection (1) of this
section for financial accounts by guardians or limited guardians of the estate shall apply to personal care reports filed by
guardians or limited guardians of the person under RCW
11.92.043. [1995 c 297 § 6; 1990 c 122 s 23; 1975 1st ex.s. c
95 s 21; 1965 c 145 s 11.92.050. Prior: 1943 c 29 s 1; Rem.
Supp. 1943 s 1575-1.]
Additional notes found at www.leg.wa.gov
11.92.053 Settlement of estate upon termination.
Within ninety days after the termination of a guardianship for
any reason, the guardian or limited guardian of the estate
shall petition the court for an order settling his or her account
as filed in accordance with RCW 11.92.040(2) with regard to
any receipts, expenditures, and investments made and acts
done by the guardian to the date of the termination. Upon the
filing of the petition, the court shall set a date for the hearing
of the petition after notice has been given in accordance with
RCW 11.88.040. Any person interested may file objections to
the petition or may appear at the time and place fixed for the
hearing thereof and present his or her objections thereto. The
court may take such testimony as it deems proper or necessary to determine whether an order settling the account
should be issued and the transactions of the guardian be
approved, and the court may appoint a guardian ad litem to
review the report.
At the hearing on the petition of the guardian or limited
guardian, if the court is satisfied that the actions of the guardian or limited guardian have been proper, and that the guardian has in all respects discharged his or her trust with relation
to the receipts, expenditures, investments, and acts, then, in
such event, the court shall enter an order approving the
account, and the order shall be final and binding upon the
incapacitated person, subject only to the right of appeal as
upon a final order. However, within one year after the incompetent attains his or her majority any such account may be
challenged by the incapacitated person on the ground of
fraud. [1995 c 297 § 7; 1990 c 122 § 24; 1965 c 145 §
11.92.053.]
11.92.053
Administration of deceased incompetent’s estate: RCW 11.88.150.
Procedure on removal or death of guardian—Delivery of estate to successor: RCW 11.88.120.
Termination of guardianship: RCW 11.88.140.
Additional notes found at www.leg.wa.gov
11.92.056 Citation of surety on bond. If, at any hearing upon a petition to settle the account of any guardian or
limited guardian, it shall appear to the court that said guardian or limited guardian has not fully accounted or that said
account should not be settled, the court may continue said
11.92.056
(2010 Ed.)
Guardianship—Powers and Duties of Guardian or Limited Guardian
hearing to a day certain and may cite the surety or sureties
upon the bond of said guardian or limited guardian to appear
upon the date fixed in said citation and show cause why the
account should not be disapproved and judgment entered for
any deficiency against said guardian or limited guardian and
the surety or sureties upon his or her bond. Said citation shall
be personally served upon said surety or sureties in the manner provided by law for the service of summons in civil
actions and shall be served not less than twenty days previous
to said hearing. At said hearing any interested party, including the surety so cited, shall have the right to introduce any
evidence which shall be material to the matter before the
court. If, at said hearing, the final account of said guardian or
limited guardian shall not be approved and the court shall
find that said guardian or limited guardian is indebted to the
incapacitated person in any amount, said court may thereupon enter final judgment against said guardian or limited
guardian and the surety or sureties upon his or her bond,
which judgment shall be enforceable in the same manner and
to the same extent as judgments in ordinary civil actions.
[1990 c 122 § 25; 1975 1st ex.s. c 95 § 22; 1965 c 145 §
11.92.056.]
Additional notes found at www.leg.wa.gov
11.92.060
11.92.060 Guardian to represent incapacitated person—Compromise of claims—Service of process. (1)
GUARDIAN MAY SUE AND BE SUED. When there is a
guardian of the estate, all actions between the incapacitated
person or the guardian and third persons in which it is sought
to charge or benefit the estate of the incapacitated person
shall be prosecuted by or against the guardian of the estate as
such. The guardian shall represent the interests of the incapacitated person in the action and all process shall be served
on him or her. A guardian or limited guardian of the estate
shall report to the court any action commenced against the
incapacitated person and shall secure court approval prior to
initiating any legal action in the name of the incapacitated
person.
(2) JOINDER, AMENDMENT AND SUBSTITUTION.
When the guardian of the estate is under personal liability for
his or her own contracts and acts made and performed on
behalf of the estate the guardian may be sued both as guardian and in his or her personal capacity in the same action.
Misnomer or the bringing of the action by or against the incapacitated person shall not be grounds for dismissal of the
action and leave to amend or substitute shall be freely
granted. If an action was commenced by or against the incapacitated person before the appointment of a guardian of his
or her estate, such guardian when appointed may be substituted as a party for the incapacitated person. If the appointment of the guardian of the estate is terminated, his or her
successor may be substituted; if the incapacitated person dies,
his or her personal representative may be substituted; if the
incapacitated person is no longer incapacitated the person
may be substituted.
(3) GARNISHMENT, ATTACHMENT AND EXECUTION. When there is a guardian of the estate, the property
and rights of action of the incapacitated person shall not be
subject to garnishment or attachment, except for the foreclosure of a mortgage or other lien, and execution shall not issue
(2010 Ed.)
11.92.096
to obtain satisfaction of any judgment against the incapacitated person or the guardian of the person’s estate as such.
(4) COMPROMISE BY GUARDIAN. Whenever it is
proposed to compromise or settle any claim by or against the
incapacitated person or the guardian as such, whether arising
as a result of personal injury or otherwise, and whether arising before or after appointment of a guardian, the court on
petition of the guardian of the estate, if satisfied that such
compromise or settlement will be for the best interests of the
incapacitated person, may enter an order authorizing the settlement or compromise be made.
(5) LIMITED GUARDIAN. Limited guardians may
serve and be served with process or actions on behalf of the
incapacitated person, but only to the extent provided for in
the court order appointing a limited guardian. [1990 c 122 §
26; 1975 1st ex.s. c 95 § 23; 1965 c 145 § 11.92.060. Prior:
1917 c 156 § 206; RRS § 1576; prior: 1903 c 100 § 1; Code
1881 § 1611; 1860 p 226 § 328.]
Rules of court: SPR 98.08W, 98.10W, 98.16W.
Action against guardian deemed claim: RCW 11.92.035.
Additional notes found at www.leg.wa.gov
11.92.090 Sale, exchange, lease, or mortgage of property. Whenever it shall appear to the satisfaction of a court
by the petition of any guardian or limited guardian, that it is
necessary or proper to sell, exchange, lease, mortgage, or
grant an easement, license or similar interest in any of the real
or personal property of the estate of the incapacitated person
for the purpose of paying debts or for the care, support and
education of the incapacitated person, or to redeem any property of the incapacitated person’s estate covered by mortgage
or other lien, or for the purpose of making any investments,
or for any other purpose which to the court may seem right
and proper, the court may make an order directing such sale,
exchange, lease, mortgage, or grant of easement, license or
similar interest of such part or parts of the real or personal
property as shall to the court seem proper. [1990 c 122 § 27;
1975 1st ex.s. c 95 § 24; 1965 c 145 § 11.92.090. Prior: 1917
c 156 § 212; RRS § 1582; prior: Code 1881 § 1620; 1855 p
17 § 14.]
11.92.090
Additional notes found at www.leg.wa.gov
11.92.096 Guardian access to certain held assets. (1)
All financial institutions as defined in RCW 30.22.040(12),
all insurance companies holding a certificate of authority
under chapter 48.05 RCW, or any agent who constitutes a
salesperson or broker-dealer of securities under the definitions of RCW 21.20.005 (hereafter individually and collectively referenced as "institution") shall provide the guardian
access and control over the asset(s) described in (a)(vii) of
this subsection, including but not limited to delivery of the
asset to the guardian, upon receipt of the following:
(a) An affidavit containing as an attachment a true and
correct copy of the guardian’s letters of guardianship and
stating:
(i) That as of the date of the affidavit, the affiant is a duly
appointed guardian with authority over assets held by the
institution but owned or subject to withdrawal or delivery to
a client or depositor of the institution;
(ii) The cause number of the guardianship;
11.92.096
[Title 11 RCW—page 93]
11.92.100
Title 11 RCW: Probate and Trust Law
(iii) The name of the incapacitated person and the name
of the client or depositor (which names shall be the same);
(iv) The account or the safety deposit box number or
numbers;
(v) The address of the client or depositor;
(vi) The name and address of the affiant-guardian being
provided assets or access to assets;
(vii) A description of and the value of the asset or assets,
or, where the value cannot be readily ascertained, a reasonable estimate thereof, and a statement that the guardian
receives delivery or control of each asset solely in its capacity
as guardian;
(viii) The date the guardian assumed control over the
assets; and
(ix) That a true and correct copy of the letters of guardianship duly issued by a court to the guardian is attached to
the affidavit; and
(b) An envelope, with postage prepaid, addressed to the
clerk of the court issuing the letters of guardianship.
The affidavit shall be sent in the envelope by the institution to
the clerk of the court together with a statement signed by an
agent of the institution that the description of the asset set
forth in the affidavit appears to be accurate, and confirming
in the case of cash assets, the value of the asset.
(2) Any guardian provided with access to a safe deposit
box pursuant to subsection (1) of this section shall make an
inventory of the contents of the box and attach this inventory
to the affidavit before the affidavit is sent to the clerk of the
court and before the contents of the box are released to the
guardian. Any inventory shall be prepared in the presence of
an employee of the institution and the statement of the institution required under subsection (1) of this section shall
include a statement executed by the employee that the inventory appears to be accurate. The institution may require payment by the guardian of any fees or charges then due in connection with the asset or account and of a reasonable fee for
witnessing preparation of the inventory and preparing the
statement required by this subsection or subsection (1) of this
section.
(3) Any institution to which an affidavit complying with
subsection (1) of this section is submitted may rely on the
affidavit without inquiry and shall not be subject to any liability of any nature whatsoever to any person whatsoever,
including but not limited to the institution’s client or depositor or any other person with an ownership or other interest in
or right to the asset, for the reliance or for providing the
guardian access and control over the asset, including but not
limited to delivery of the asset to the guardian. [1991 c 289 §
13.]
11.92.100 Petition—Contents. Such application shall
be by petition, verified by the oath of the guardian or limited
guardian, and shall substantially set forth:
(1) The value and character of all personal estate belonging to the incapacitated person that has come to the knowledge or possession of such guardian or limited guardian.
(2) The disposition of such personal estate.
(3) The amount and condition of the incapacitated person’s personal estate, if any, dependent upon the settlement
of any estate, or the execution of any trust.
11.92.100
[Title 11 RCW—page 94]
(4) The annual income of the real estate of the incapacitated person.
(5) The amount of rent received and the application
thereof.
(6) The proposed manner of reinvesting the proceeds of
the sale, if asked for that purpose.
(7) Each item of indebtedness, or the amount and character of the lien, if the sale is requested for the liquidation
thereof.
(8) The age of the incapacitated person, where and with
whom residing.
(9) All other facts connected with the estate and condition of the incapacitated person necessary to enable the court
to fully understand the same. If there is no personal estate
belonging to the incapacitated person in possession or
expectancy, and none has come into the hands of such guardian or limited guardian, and no rents have been received, the
fact shall be stated in the application. [1990 c 122 § 28; 1975
1st ex.s. c 95 § 25; 1965 c 145 § 11.92.100. Prior: 1917 c 156
§ 213; RRS § 1583; prior: Code 1881 § 1621; 1860 p 228 §
338; 1855 p 17 § 15.]
Additional notes found at www.leg.wa.gov
11.92.110 Sale of real estate. The order directing the
sale of any of the real property of the estate of the incapacitated person shall specify the particular property affected and
the method, whether by public or private sale or by negotiation, and terms thereof, and with regard to the procedure and
notices to be employed in conducting such sale, the provisions of RCW 11.56.060, 11.56.070, 11.56.080, and
11.56.110 shall be followed unless the court otherwise
directs. [1990 c 122 § 29; 1975 1st ex.s. c 95 § 26; 1965 c 145
§ 11.92.110. Prior: 1917 c 156 § 214; RRS § 1524; prior:
Code 1881 § 1623; 1860 p 229 § 340.]
11.92.110
Additional notes found at www.leg.wa.gov
11.92.115 Return and confirmation of sale. The
guardian or limited guardian making any sale of real estate,
either at public or private sale or sale by negotiation, shall
within ten days after making such sale file with the clerk of
the court his or her return of such sale, the same being duly
verified. At any time after the expiration of ten days from the
filing of such return, the court may, without notice, approve
and confirm such sale and direct proper instruments of transfer to be executed and delivered. Upon the confirmation of
any such sale, the court shall direct the guardian or limited
guardian to make, execute and deliver instruments conveying
the title to the person to whom such property may be sold and
such instruments of conveyance shall be deemed to convey
all the estate, rights and interest of the incapacitated person
and of the person’s estate. In the case of a sale by negotiation
the guardians or limited guardians shall publish a notice in
one issue of a legal newspaper published in the county in
which the estate is being administered; the substance of such
notice shall include the legal description of the property sold,
the selling price and the date after which the sale may be confirmed: PROVIDED, That such confirmation date shall be at
least ten days after such notice is published. [2010 c 8 §
2090; 1990 c 122 § 30; 1975 1st ex.s. c 95 § 27; 1965 c 145 §
11.92.115.]
11.92.115
(2010 Ed.)
Guardianship—Powers and Duties of Guardian or Limited Guardian
Additional notes found at www.leg.wa.gov
11.92.120
11.92.120 Confirmation conclusive. No sale by any
guardian or limited guardian of real or personal property shall
be void or be set aside or be attacked because of any irregularities whatsoever, and none of the steps leading up to such
sale or the confirmation thereof shall be jurisdictional, and
the confirmation by the court of any such sale shall be conclusive as to the regularity and legality of such sale or sales,
and the passing of title after confirmation by the court shall
vest an absolute title in the purchaser, and such instrument of
transfer may not be attacked for any purpose or any reason,
except for fraud. [1975 1st ex.s. c 95 § 28; 1965 c 145 §
11.92.120. Prior: 1917 c 156 § 215; RRS § 1585; prior:
Code 1881 § 1625; 1860 p 229 § 343.]
11.92.125
11.92.125 Broker’s fee and closing expenses—Sale,
exchange, mortgage, or lease of real estate. In connection
with the sale, exchange, mortgage, lease, or grant of easement
or license in any property, the court may authorize the guardian or limited guardian to pay, out of the proceeds realized
therefrom or out of the estate, the customary and reasonable
auctioneer’s and broker’s fees and any necessary expenses
for abstracting title insurance, survey, revenue stamps, and
other necessary costs and expenses in connection therewith.
[1977 ex.s. c 309 § 15; 1965 c 145 § 11.92.125.]
Additional notes found at www.leg.wa.gov
11.92.130
11.92.130 Performance of contracts. If any person
who is bound by contract in writing to perform shall become
incapacitated before making the performance, the court having jurisdiction of the guardianship or limited guardianship of
such property may, upon application of the guardian or limited guardian of the incapacitated person, or upon application
of the person claiming to be entitled to the performance,
make an order authorizing and directing the guardian or limited guardian to perform such contract. The application and
the proceedings, shall, as nearly as may be, be the same as
provided in chapter 11.60 RCW. [1990 c 122 § 31; 1975 1st
ex.s. c 95 § 29; 1965 c 145 § 11.92.130. Prior: 1923 c 142 §
5; RRS § 1585a.]
Additional notes found at www.leg.wa.gov
11.92.140
11.92.140 Court authorization for actions regarding
guardianship funds. The court, upon the petition of a guardian of the estate of an incapacitated person other than the
guardian of a minor, and after such notice as the court directs
and other notice to all persons interested as required by chapter 11.96A RCW, may authorize the guardian to take any
action, or to apply funds not required for the incapacitated
person’s own maintenance and support, in any fashion the
court approves as being in keeping with the incapacitated
person’s wishes so far as they can be ascertained and as
designed to minimize insofar as possible current or prospective state or federal income and estate taxes, permit entitlement under otherwise available federal or state medical or
other assistance programs, and to provide for gifts to such
charities, relatives, and friends as would be likely recipients
of donations from the incapacitated person.
(2010 Ed.)
11.92.150
The action or application of funds may include but shall
not be limited to the making of gifts, to the conveyance or
release of the incapacitated person’s contingent and expectant interests in property including marital or domestic partnership property rights and any right of survivorship incident
to joint tenancy or tenancy by the entirety, to the exercise or
release of the incapacitated person’s powers as donee of a
power of appointment, the making of contracts, the creation
of revocable or irrevocable trusts of property of the incapacitated person’s estate which may extend beyond the incapacitated person’s disability or life, the establishment of custodianships for the benefit of a minor under chapter 11.114 RCW,
the Washington uniform transfers to minors act, the exercise
of options of the incapacitated person to purchase securities
or other property, the exercise of the incapacitated person’s
right to elect options and to change beneficiaries under insurance and annuity policies and the surrendering of policies for
their cash value, the exercise of the incapacitated person’s
right to any elective share in the estate of the incapacitated
person’s deceased spouse or deceased domestic partner, and
the renunciation or disclaimer of any interest acquired by
testate or intestate succession or by inter vivos transfer.
The guardian in the petition shall briefly outline the
action or application of funds for which approval is sought,
the results expected to be accomplished thereby and the savings expected to accrue. The proposed action or application
of funds may include gifts of the incapacitated person’s personal or real property. Gifts may be for the benefit of prospective legatees, devisees, or heirs apparent of the incapacitated person, or may be made to individuals or charities in
which the incapacitated person is believed to have an interest.
Gifts may or may not, in the discretion of the court, be treated
as advancements to donees who would otherwise inherit
property from the incapacitated person under the incapacitated person’s will or under the laws of descent and distribution. The guardian shall also indicate in the petition that any
planned disposition is consistent with the intentions of the
incapacitated person insofar as the intentions can be ascertained, and if the incapacitated person’s intentions cannot be
ascertained, the incapacitated person will be presumed to
favor reduction in the incidence of the various forms of taxation and the partial distribution of the incapacitated person’s
estate as provided in this section. The guardian shall not,
however, be required to include as a beneficiary any person
whom there is reason to believe would be excluded by the
incapacitated person. No guardian may be required to file a
petition as provided in this section, and a failure or refusal to
so petition the court does not constitute a breach of the guardian’s fiduciary duties. [2008 c 6 § 807; 1999 c 42 § 616; 1991
c 193 § 32; 1990 c 122 § 32; 1985 c 30 § 10. Prior: 1984 c
149 § 13.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.92.150 Request for special notice of proceedings.
At any time after the issuance of letters of guardianship in the
estate of any person and/or incapacitated person, any person
interested in the estate, or in the incapacitated person, or any
11.92.150
[Title 11 RCW—page 95]
11.92.160
Title 11 RCW: Probate and Trust Law
relative of the incapacitated person, or any authorized representative of any agency, bureau, or department of the United
States government from or through which any compensation,
insurance, pension or other benefit is being paid, or is payable, may serve upon the guardian or limited guardian, or
upon the attorney for the guardian or limited guardian, and
file with the clerk of the court where the guardianship or limited guardianship of the person and/or estate is pending, a
written request stating the specific actions of which the applicant requests advance notice. Where the notice does not specify matters for which notice is requested, the guardian or limited guardian shall provide copies of all documents filed with
the court and advance notice of his or her application for
court approval of any action in the guardianship.
The request for special written notice shall designate the
name, address and post office address of the person upon
whom the notice is to be served and no service shall be
required under this section and RCW 11.92.160 as now or
hereafter amended other than in accordance with the designation unless and until a new designation has been made.
When any account, report, petition, or proceeding is filed
in the estate of which special written notice is requested, the
court shall fix a time for hearing which shall allow at least ten
days for service of the notice before the hearing; and notice of
the hearing shall be served upon the person designated in the
written request at least ten days before the date fixed for the
hearing. The service may be made by leaving a copy with the
person designated, or that person’s authorized representative,
or by mailing through the United States mail, with postage
prepaid to the person and place designated. [1990 c 122 § 33;
1985 c 30 § 11. Prior: 1984 c 149 § 14; 1975 1st ex.s. c 95 §
30; 1969 c 18 § 1; 1965 c 145 § 11.92.150; prior: 1925 ex.s.
c 104 § 1; RRS § 1586-1.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.92.160 Citation for failure to file account or
report. Whenever any request for special written notice is
served as provided in this section and RCW 11.92.150 as now
or hereafter amended, the person making such request may,
upon failure of any guardian or limited guardian for any incapacitated person, to file any account or report required by
law, petition the court administering such estate for a citation
requiring such guardian or limited guardian to file such report
or account, or to show cause for failure to do so, and thereupon the court shall issue such citation and hold a hearing
thereon and enter such order as is required by the law and the
facts. [1990 c 122 § 34; 1975 1st ex.s. c 95 § 31; 1965 c 145
§ 11.92.160. Prior: 1925 ex.s. c 104 § 2; RRS § 1586-2.]
11.92.160
Attorney’s fee to contestant of erroneous account or report: RCW
11.76.070.
Additional notes found at www.leg.wa.gov
11.92.170 Removal of property of nonresident incapacitated person. Whenever it is made to appear that it
would be in the best interests of the incapacitated person, the
court may order the transfer of property in this state to a
guardian or limited guardian of the estate of the incapacitated
person appointed in another jurisdiction, or to a person or
institution having similar authority with respect to the inca11.92.170
[Title 11 RCW—page 96]
pacitated person. [1990 c 122 § 35; 1977 ex.s. c 309 § 16;
1975 1st ex.s. c 95 § 32; 1965 c 145 § 11.92.170. Prior: 1917
c 156 § 217; RRS § 1587; prior: Code 1881 § 1628; 1873 p
320 § 323.]
Additional notes found at www.leg.wa.gov
11.92.180
11.92.180 Compensation and expenses of guardian
or limited guardian—Attorney’s fees—Department of
social and health services clients paying part of costs—
Rules. A guardian or limited guardian shall be allowed such
compensation for his or her services as guardian or limited
guardian as the court shall deem just and reasonable. Guardians and limited guardians shall not be compensated at
county or state expense. Additional compensation may be
allowed for other administrative costs, including services of
an attorney and for other services not provided by the guardian or limited guardian. Where a guardian or limited guardian
is an attorney, the guardian or limited guardian shall separately account for time for which compensation is requested
for services as a guardian or limited guardian as contrasted to
time for which compensation for legal services provided to
the guardianship is requested. In all cases, compensation of
the guardian or limited guardian and his or her expenses
including attorney’s fees shall be fixed by the court and may
be allowed at any annual or final accounting; but at any time
during the administration of the estate, the guardian or limited guardian or his or her attorney may apply to the court for
an allowance upon the compensation or necessary expenses
of the guardian or limited guardian and for attorney’s fees for
services already performed. If the court finds that the guardian or limited guardian has failed to discharge his or her
duties as such in any respect, it may deny the guardian any
compensation whatsoever or may reduce the compensation
which would otherwise be allowed. Where the incapacitated
person is a department of social and health services client
residing in a nursing facility or in a residential or home setting and is required by the department of social and health
services to contribute a portion of their income towards the
cost of residential or supportive services then the department
shall be entitled to notice of proceedings as described in
RCW 11.92.150. The amount of guardianship fees and additional compensation for administrative costs shall not exceed
the amount allowed by the department of social and health
services by rule. [1995 c 297 § 8; 1994 c 68 § 1; 1991 c 289
§ 12; 1990 c 122 § 36; 1975 1st ex.s. c 95 § 33; 1965 c 145 §
11.92.180. Prior: 1917 c 156 § 216; RRS § 1586; prior:
Code 1881 § 1627; 1855 p 19 § 25.]
Rules of court: SPR 98.12W.
Additional notes found at www.leg.wa.gov
11.92.185
11.92.185 Concealed or embezzled property. The
court shall have authority to bring before it, in the manner
prescribed by RCW 11.48.070, any person or persons suspected of having in his or her possession or having concealed,
embezzled, conveyed or disposed of any of the property of
the estate of incapacitated persons subject to administration
under this title. [1990 c 122 § 37; 1975 1st ex.s. c 95 § 34;
1965 c 145 § 11.92.185.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Power of Attorney
11.92.190 Detention of person in residential placement facility against will prohibited—Effect of court
order—Service of notice of residential placement. No residential treatment facility which provides nursing or other
care may detain a person within such facility against their
will. Any court order, other than an order issued in accordance with the involuntary treatment provisions of chapters
10.77, 71.05, and 72.23 RCW, which purports to authorize
such involuntary detention or purports to authorize a guardian or limited guardian to consent to such involuntary detention on behalf of an incapacitated person shall be void and of
no force or effect. This section does not apply to the detention
of a minor as provided in chapter 70.96A or 71.34 RCW.
Nothing in this section shall be construed to require a
court order authorizing placement of an incapacitated person
in a residential treatment facility if such order is not otherwise required by law: PROVIDED, That notice of any residential placement of an incapacitated person shall be served,
either before or after placement, by the guardian or limited
guardian on such person, the guardian ad litem of record, and
any attorney of record. [1996 c 249 § 11; 1977 ex.s. c 309 §
14.]
11.92.190
Intent—1996 c 249: See note following RCW 2.56.030.
Additional notes found at www.leg.wa.gov
Chapter 11.94
Chapter 11.94 RCW
POWER OF ATTORNEY
Sections
11.94.010
11.94.020
11.94.030
11.94.040
11.94.043
11.94.046
11.94.050
11.94.060
11.94.070
11.94.080
11.94.090
11.94.100
11.94.110
11.94.120
11.94.130
11.94.140
11.94.150
11.94.900
11.94.901
Designation—Authority—Effect of acts done—Appointment
of guardian, effect—Accounting—Reliance on instrument.
Effect of death, disability, or incompetence of principal—Acts
without knowledge.
Banking transactions.
Liability for reliance on power of attorney document.
Durable power of attorney—Revocation or termination.
Durable power of attorney—Validity.
Attorney or agent granted principal’s powers—Powers to be
specifically provided for—Transfer of resources by principal’s attorney or agent.
Conveyance or encumbrance of homestead.
Limitations on powers to benefit attorneys-in-fact.
Termination of marriage or state registered domestic partnership.
Court petition.
Persons allowed to file court petition.
Ruling on court petition.
Award of costs on court petition.
Applicability of dispute resolution provisions to court petition.
Notice of hearing on court petition.
Mental health treatment decisions—Compensation of agent
prohibited—Reimbursement of expenses allowed.
Application of 1984 c 149 §§ 26-31 as of January 1, 1985.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
11.94.010 Designation—Authority—Effect of acts
done—Appointment of guardian, effect—Accounting—
Reliance on instrument. (1) Whenever a principal designates another as his or her attorney-in-fact or agent, by a
power of attorney in writing, and the writing contains the
words "This power of attorney shall not be affected by disability of the principal," or "This power of attorney shall
become effective upon the disability of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s disability, the authority of the attorney-in-fact or agent
11.94.010
(2010 Ed.)
11.94.010
is exercisable on behalf of the principal as provided notwithstanding later disability or incapacity of the principal at law
or later uncertainty as to whether the principal is dead or
alive. All acts done by the attorney-in-fact or agent pursuant
to the power during any period of disability or incompetence
or uncertainty as to whether the principal is dead or alive
have the same effect and inure to the benefit of and bind the
principal or the principal’s guardian or heirs, devisees, and
personal representative as if the principal were alive, competent, and not disabled. A principal may nominate, by a durable power of attorney, the guardian or limited guardian of his
or her estate or person for consideration by the court if protective proceedings for the principal’s person or estate are
thereafter commenced. The court shall make its appointment
in accordance with the principal’s most recent nomination in
a durable power of attorney except for good cause or disqualification. If a guardian thereafter is appointed for the principal, the attorney-in-fact or agent, during the continuance of
the appointment, shall account to the guardian rather than the
principal. The guardian has the same power the principal
would have had if the principal were not disabled or incompetent, to revoke, suspend or terminate all or any part of the
power of attorney or agency.
(2) Persons shall place reasonable reliance on any determination of disability or incompetence as provided in the
instrument that specifies the time and the circumstances
under which the power of attorney document becomes effective.
(3)(a) A principal may authorize his or her attorney-infact to provide informed consent for health care decisions on
the principal’s behalf. If a principal has appointed more than
one agent with authority to make mental health treatment
decisions in accordance with a directive under chapter 71.32
RCW, to the extent of any conflict, the most recently
appointed agent shall be treated as the principal’s agent for
mental health treatment decisions unless provided otherwise
in either appointment.
(b) Unless he or she is the spouse, state registered
domestic partner, or adult child or brother or sister of the
principal, none of the following persons may act as the attorney-in-fact for the principal: Any of the principal’s physicians, the physicians’ employees, or the owners, administrators, or employees of the health care facility or long-term care
facility as defined in RCW 43.190.020 where the principal
resides or receives care. Except when the principal has consented in a mental health advance directive executed under
chapter 71.32 RCW to inpatient admission or electroconvulsive therapy, this authorization is subject to the same limitations as those that apply to a guardian under RCW
11.92.043(5) (a) through (c).
(4) A parent or guardian, by a properly executed power
of attorney, may authorize an attorney-in-fact to make health
care decisions on behalf of one or more of his or her children,
or children for whom he or she is the legal guardian, who are
under the age of majority as defined in RCW 26.28.015, to be
effective if the child has no other parent or legal representative readily available and authorized to give such consent.
(5) A principal may further nominate a guardian or
guardians of the person, or of the estate or both, of a minor
child, whether born at the time of making the durable power
of attorney or afterwards, to continue during the disability of
[Title 11 RCW—page 97]
11.94.020
Title 11 RCW: Probate and Trust Law
the principal, during the minority of the child or for any less
time by including such a provision in his or her power of
attorney.
(6) The authority of any guardian of the person of any
minor child shall supersede the authority of a designated
attorney-in-fact to make health care decisions for the minor
only after such designated guardian has been appointed by
the court.
(7) In the event a conflict between the provisions of a
will nominating a testamentary guardian under the authority
of RCW 11.88.080 and the nomination of a guardian under
the authority of this statute, the most recent designation shall
control. [2007 c 156 § 31; 2005 c 97 § 12; 2003 c 283 § 27;
1995 c 297 § 9; 1989 c 211 § 1; 1985 c 30 § 25. Prior: 1984
c 149 § 26; 1974 ex.s. c 117 § 52.]
Severability—Part headings not law—2003 c 283: See RCW
71.32.900 and 71.32.901.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.94.020 Effect of death, disability, or incompetence
of principal—Acts without knowledge. (1) The death, disability, or incompetence of any principal who has executed a
power of attorney in writing other than a power as described
by RCW 11.94.010, does not revoke or terminate the agency
as to the attorney-in-fact, agent, or other person who, without
actual knowledge of the death, disability, or incompetence of
the principal, acts in good faith under the power of attorney or
agency. Any action so taken, unless otherwise invalid or
unenforceable, binds the principal and the principal’s heirs,
devisees, and personal representatives.
(2) An affidavit, executed by the attorney-in-fact, or
agent, stating that the attorney did not have, at the time of
doing an act pursuant to the power of attorney, actual knowledge of the revocation or termination of the power of attorney
by death, disability, or incompetence, is, in the absence of a
showing of fraud or bad faith, conclusive proof of the nonrevocation or nontermination of the power at that time. If the
exercise of the power requires execution and delivery of any
instrument which is recordable, the affidavit when authenticated for record is likewise recordable.
(3) This section shall not be construed to alter or affect
any provision for revocation or termination contained in the
power of attorney. [1985 c 30 § 26. Prior: 1984 c 149 § 27;
1977 ex.s. c 234 § 27; 1974 ex.s. c 117 § 53.]
11.94.020
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.94.030 Banking transactions. If a principal, pursuant to RCW 11.94.010 or 11.94.020, has given a designated
attorney-in-fact or agent all the principal’s powers of absolute ownership or has used language to indicate that the attorney-in-fact or agent has all the powers the principal would
have if alive and competent, then that language, notwithstanding chapter 30.22 RCW, includes the authority (1) to
deposit and to make payments from any account in a financial
institution, as defined in RCW 30.22.040, in the name of the
principal, and (2) to enter any safe deposit box to which the
principal has a right of access, subject to any contrary provi11.94.030
[Title 11 RCW—page 98]
sion in any agreement governing the safe deposit box. [1985
c 30 § 27. Prior: 1984 c 149 § 28.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.94.040 Liability for reliance on power of attorney
document. (1) Any person acting without negligence and in
good faith in reasonable reliance on a power of attorney shall
not incur any liability.
(2) If the attorney-in-fact presents the power of attorney
to a third person and requests the person to accept the attorney-in-fact’s authority to act for the principal, and also presents to the person an acknowledged affidavit or declaration
signed under penalty of perjury in the form designated in
RCW 9A.72.085, signed and dated contemporaneously with
presenting the power of attorney, which meets the requirements of subsection (3) of this section, and the person accepting the power of attorney has examined the power of attorney
and confirmed the identity of the attorney-in-fact, then the
person’s reliance on the power of attorney is presumed to be
without negligence and in good faith in reasonable reliance,
which presumption may be rebutted by clear and convincing
evidence that the person accepting the power of attorney
knew or should have known that one or more of the material
statements in the affidavit is untrue. It shall not be found that
an organization knew or should have known of circumstances
that would revoke or terminate the power of attorney or limit
or modify the authority of the attorney-in-fact, unless the
individual accepting the power of attorney on behalf of the
organization knew or should have known of the circumstances.
(3) An affidavit presented pursuant to subsection (2) of
this section shall state that:
(a) The person presenting himself or herself as the attorney-in-fact and signing the affidavit or declaration is the person so named in the power of attorney;
(b) If the attorney-in-fact is named in the power of attorney as a successor attorney-in-fact, the circumstances or conditions stated in the power of attorney that would cause that
person to become the acting attorney-in-fact have occurred;
(c) To the best of the attorney-in-fact’s knowledge, the
principal is still alive;
(d) To the best of the attorney-in-fact’s knowledge, at the
time the power of attorney was signed, the principal was
competent to execute the document and was not under undue
influence to sign the document;
(e) All events necessary to making the power of attorney
effective have occurred;
(f) The attorney-in-fact does not have actual knowledge
of the revocation, termination, limitation, or modification of
the power of attorney or of the attorney-in-fact’s authority;
(g) The attorney-in-fact does not have actual knowledge
of the existence of other circumstances that would limit,
modify, revoke, or terminate the power of attorney or the
attorney-in-fact’s authority to take the proposed action;
(h) If the attorney-in-fact was married to the principal at
the time of execution of the power of attorney, then at the
time of signing the affidavit or declaration, the marriage of
the principal and the attorney-in-fact has not been dissolved
or declared invalid; and
11.94.040
(2010 Ed.)
Power of Attorney
(i) The attorney-in-fact is acting in good faith pursuant to
the authority given under the power of attorney.
(4) Unless the document contains a time limit, the length
of time which has elapsed from its date of execution shall not
prevent a party from reasonably relying on the document.
(5) Unless the document contains a requirement that it be
filed for record to be effective, a person may place reasonable
reliance on it regardless of whether it is so filed. [2001 c 203
§ 2; 1985 c 30 § 28. Prior: 1984 c 149 § 29.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.94.043 Durable power of attorney—Revocation or
termination. The durable power of attorney provided for
under this chapter shall continue in effect until revoked or terminated by the principal, by a court-appointed guardian, or
by court order. [1989 c 211 § 2.]
11.94.043
11.94.046 Durable power of attorney—Validity. (1)
A durable power of attorney executed pursuant to chapter
11.94 RCW before July 23, 1989, that specifically authorizes
an attorney-in-fact to make decisions relating to the health
care of the principal shall be deemed valid, except for the
exemptions provided for in RCW 11.94.010(3).
(2) Nothing in this chapter affects the validity of a decision made under a durable power of attorney executed pursuant to chapter 11.94 RCW before July 23, 1989. [1989 c 211
§ 3.]
11.94.046
11.94.050 Attorney or agent granted principal’s
powers—Powers to be specifically provided for—Transfer of resources by principal’s attorney or agent. (1)
Although a designated attorney-in-fact or agent has all powers of absolute ownership of the principal, or the document
has language to indicate that the attorney-in-fact or agent
shall have all the powers the principal would have if alive and
competent, the attorney-in-fact or agent shall not have the
power to make, amend, alter, or revoke the principal’s wills
or codicils, and shall not have the power, unless specifically
provided otherwise in the document: To make, amend, alter,
or revoke any of the principal’s life insurance, annuity, or
similar contract beneficiary designations, employee benefit
plan beneficiary designations, trust agreements, registration
of the principal’s securities in beneficiary form, payable on
death or transfer on death beneficiary designations, designation of persons as joint tenants with right of survivorship with
the principal with respect to any of the principal’s property,
community property agreements, or any other provisions for
nonprobate transfer at death contained in nontestamentary
instruments described in RCW 11.02.091; to make any gifts
of property owned by the principal; to make transfers of property to any trust (whether or not created by the principal)
unless the trust benefits the principal alone and does not have
dispositive provisions which are different from those which
would have governed the property had it not been transferred
into the trust, or to disclaim property.
(2) Nothing in subsection (1) of this section prohibits an
attorney-in-fact or agent from making any transfer of
resources not prohibited under chapter 74.09 RCW when the
11.94.050
(2010 Ed.)
11.94.090
transfer is for the purpose of qualifying the principal for medical assistance or the limited casualty program for the medically needy. [2001 c 203 § 12; 1989 c 87 § 1; 1985 c 30 § 29.
Prior: 1984 c 149 § 30.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.94.060 Conveyance or encumbrance of homestead. If a principal, pursuant to RCW 11.94.010 or
11.94.020, has given a designated attorney-in-fact or agent all
the principal’s powers of absolute ownership or has used language to indicate that the attorney-in-fact or agent has all the
powers the principal would have if alive and competent, then
these powers include the right to convey or encumber the
principal’s homestead. [1985 c 30 § 30. Prior: 1984 c 149 §
31.]
11.94.060
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.94.070 Limitations on powers to benefit attorneys-in-fact. (1) The restrictions in RCW 11.95.100 through
11.95.150 on the power of a person holding a power of
appointment apply to attorneys-in-fact holding the power to
appoint to or for the benefit of the powerholder.
(2) This section applies retroactively to July 25, 1993.
[1994 c 221 § 67.]
11.94.070
*Reviser’s note: "Section 3 of this act" is erroneous. This reference
was apparently intended to be to section 67. The error arose in the renumbering of sections in the engrossing of amendments to Substitute House Bill No.
2270 (1994 c 221).
Additional notes found at www.leg.wa.gov
11.94.080 Termination of marriage or state registered domestic partnership. (1) An appointment of a principal’s spouse or state registered domestic partner, as attorney-in-fact, including appointment as successor or coattorney-in-fact, under a power of attorney shall be revoked upon
entry of a decree of dissolution or legal separation or declaration of invalidity of the marriage or termination of the state
registered domestic partnership of the principal and the attorney-in-fact, unless the power of attorney or the decree provides otherwise. The effect of this revocation shall be as if
the spouse or state registered domestic partner, resigned as
attorney-in-fact, or if named as successor attorney-in-fact,
renounced the appointment, as of the date of entry of the
decree or declaration or filing of the certificate of termination
of the state registered domestic partnership, and the power of
attorney shall otherwise remain in effect with respect to
appointments of other persons as attorney-in-fact for the principal or procedures prescribed in the power of attorney to
appoint other persons, and any terms relating to service by
persons as attorney-in-fact.
(2) This section applies to all decrees of dissolution and
declarations of invalidity of marriage entered after July 22,
2001. [2007 c 156 § 14; 2001 c 203 § 1.]
11.94.080
11.94.090 Court petition. (1) A person designated in
RCW 11.94.100 may file a petition requesting that the court:
11.94.090
[Title 11 RCW—page 99]
11.94.100
Title 11 RCW: Probate and Trust Law
(a) Determine whether the power of attorney is in effect
or has terminated;
(b) Compel the attorney-in-fact to submit the attorneyin-fact’s accounts or report the attorney-in-fact’s acts as
attorney-in-fact to the principal, the spouse or domestic partner of the principal, the guardian of the person or the estate of
the principal, or to any other person required by the court in
its discretion, if the attorney-in-fact has failed to submit an
accounting or report within sixty days after written request
from the person filing the petition, however, a government
agency charged with the protection of vulnerable adults may
file a petition upon the attorney-in-fact’s refusal or failure to
submit an accounting upon written request and shall not be
required to wait sixty days;
(c) Ratify past acts or approve proposed acts of the attorney-in-fact;
(d) Order the attorney-in-fact to exercise or refrain from
exercising authority in a power of attorney in a particular
manner or for a particular purpose;
(e) Modify the authority of an attorney-in-fact under a
power of attorney;
(f) Remove the attorney-in-fact on a determination by
the court of both of the following:
(i) The attorney-in-fact has violated or is unfit to perform
the fiduciary duties under the power of attorney; and
(ii) The removal of the attorney-in-fact is in the best
interest of the principal;
(g) Approve the resignation of the attorney-in-fact and
approve the final accountings of the resigning attorney-infact if submitted, subject to any orders the court determines
are necessary to protect the principal’s interests;
(h) Confirm the authority of a successor attorney-in-fact
to act under a power of attorney upon removal or resignation
of the previous attorney-in-fact;
(i) Compel a third person to honor the authority of an
attorney-in-fact, provided that a third person may not be compelled to honor the agent’s authority if the principal could not
compel the third person to act in the same circumstances;
(j) Order the attorney-in-fact to furnish a bond in an
amount the court determines to be appropriate.
(2) The petition shall contain a statement identifying the
principal’s known immediate family members, and any other
persons known to petitioner to be interested in the principal’s
welfare or the principal’s estate, stating which of said persons
have an interest in the action requested in the petition and
explaining the determination of who is interested in the petition. [2008 c 6 § 808; 2001 c 203 § 3.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
11.94.100 Persons allowed to file court petition. (1) A
petition may be filed under RCW 11.94.090 by any of the following persons:
(a) The attorney-in-fact;
(b) The principal;
(c) The spouse or domestic partner of the principal;
(d) The guardian of the estate or person of the principal;
or
(e) Any other interested person, as long as the person
demonstrates to the court’s satisfaction that the person is
interested in the welfare of the principal and has a good faith
11.94.100
[Title 11 RCW—page 100]
belief that the court’s intervention is necessary, and that the
principal is incapacitated at the time of filing the petition or
otherwise unable to protect his or her own interests.
(2) Notwithstanding RCW 11.94.080, the principal may
specify in the power of attorney by name certain persons who
shall have no authority to bring a petition under RCW
11.94.090 with respect to the power of attorney. This provision is enforceable:
(a) If the person so named is not at the time of filing the
petition the guardian of the principal;
(b) If at the time of signing the power of attorney the
principal was represented by an attorney who advised the
principal regarding the power of attorney and who signed a
certificate at the time of execution of the power of attorney,
stating that the attorney has advised the principal concerning
his or her rights, the applicable law, and the effect and consequences of executing the power of attorney; or
(c) If (a) and (b) of this subsection do not apply, unless
the person so named can establish that the principal was
unduly influenced by another or under mistaken beliefs when
excluding the person from the petition process, or unless the
person named is a government agency charged with protection of vulnerable adults. [2008 c 6 § 809; 2001 c 203 § 4.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
11.94.110 Ruling on court petition. In ruling on a petition filed under RCW 11.94.090 and ordering any relief, the
court must consider the best interests of the principal and will
order relief that is the least restrictive to the exercise of the
power of attorney while still adequate in the court’s view to
serve the principal’s best interests. Upon entry of an order
ruling on a petition, the court’s oversight of the attorney-infact’s actions and of the operation of the power of attorney
ends unless another petition is filed under this chapter or
unless the order specifies further court involvement that is
necessary for a resolution of the issues raised in the petition.
[2001 c 203 § 5.]
11.94.110
11.94.120 Award of costs on court petition. In any
proceeding commenced by the filing of a petition under
RCW 11.94.090 by a person other than the attorney-in-fact,
the court may in its discretion award costs, including reasonable attorneys’ fees, to any person participating in the proceedings from any other person participating in the proceedings, or from the assets of the principal, as the court determines to be equitable. In determining what is equitable in
making the award, the court must consider whether the petition was filed without reasonable cause, and order costs and
fees paid by the attorney-in-fact individually only if the court
determines that the attorney-in-fact has clearly violated his or
her fiduciary duties or has refused without justification to
cooperate with the principal or the principal’s guardian or
personal representative. In a proceeding to compel a third
party to accept a power of attorney, the court may order costs,
including reasonable attorneys’ fees, to be paid by the third
party only if the court determines that the third party did not
have a good faith concern that the attorney in fact’s exercise
of authority would be improper. To the extent this section is
inconsistent with RCW 11.96A.150, this section controls the
11.94.120
(2010 Ed.)
Powers of Appointment
award of costs and attorneys’ fees in proceedings brought
under RCW 11.94.090. [2001 c 203 § 6.]
11.94.130 Applicability of dispute resolution provisions to court petition. The provisions of chapter 11.96A
RCW, except for RCW 11.96A.260 through 11.96A.320, are
applicable to proceedings commenced by the filing of a petition under RCW 11.94.090. [2001 c 203 § 7.]
11.94.130
11.94.140 Notice of hearing on court petition. (1) The
following persons are entitled to notice of hearing on any
petition under RCW 11.94.090:
(a) The principal;
(b) The principal’s spouse or domestic partner;
(c) The attorney-in-fact;
(d) The guardian of the estate or person of the principal;
(e) Any other person identified in the petition as being
interested in the action requested in the petition, or identified
by the court as having a right to notice of the hearing. If a
person would be excluded from bringing a petition under
RCW 11.94.100(2), then that person is not entitled to notice
of the hearing.
(2) Notwithstanding subsection (1) of this section, if the
whereabouts of the principal are unknown or the principal is
otherwise unavailable to receive notice, the court may waive
the requirement of notice to the principal, and if the principal’s spouse is similarly unavailable to receive notice, the
court may waive the requirement of notice to the principal’s
spouse.
(3) Notice must be given as required under chapter
11.96A RCW, except that the parties entitled to notice shall
be determined under this section. [2008 c 6 § 810; 2001 c 203
§ 8.]
11.94.140
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
11.94.150 Mental health treatment decisions—Compensation of agent prohibited—Reimbursement of
expenses allowed. No person appointed by a principal as an
agent to make mental health treatment decisions pursuant to a
mental health advance directive under chapter 71.32 RCW
shall be compensated for the performance of his or her duties
as an agent to make mental health treatment decisions. This
section does not prohibit an agent from receiving reimbursement for reasonable expenses incurred in the performance of
his or her duties under chapter 71.32 RCW. [2003 c 283 §
28.]
11.95.020
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 37.]
Chapter 11.95
Chapter 11.95 RCW
POWERS OF APPOINTMENT
Sections
11.95.010
11.95.020
11.95.030
11.95.040
11.95.060
11.95.070
11.95.100
11.95.110
11.95.120
11.95.130
11.95.140
11.95.150
11.95.160
11.95.900
Releases.
Releases—Partial releases.
Releases—Delivery.
Releases—Effect of RCW 11.95.010 through 11.95.050 on
prior releases.
Exercise of powers of appointment.
Application of chapter—Application of 1984 c 149.
Exercise of power in favor of holder—Limitations.
Exercise of power in favor of holder—Disregard of provision
conferring absolute or similar power—Power of removal.
Exercise of power in favor of holder—Income under marital
deduction—Spousal power of appointment.
Exercise of power in favor of holder—Inference of law.
Exercise of power in favor of holder—Applicability.
Exercise of power in favor of holder—Cause of action.
Lapse of a power—Intent not to exercise a power—Treatment.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Trust provisions may relieve trustee from duty, restriction, or liability
imposed by statute: RCW 11.97.010.
11.94.150
Severability—Part headings not law—2003 c 283: See RCW
71.32.900 and 71.32.901.
11.94.900 Application of 1984 c 149 §§ 26-31 as of
January 1, 1985. Sections 26 through 31, chapter 149, Laws
of 1984 apply as of January 1, 1985, to all existing or subsequently executed instruments but shall not apply to any
instrument the terms of which expressly or impliedly make
those sections inapplicable. [1985 c 30 § 140.]
11.94.900
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.94.901 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
11.94.901
(2010 Ed.)
11.95.010 Releases. Any power exercisable by deed,
will, or otherwise, other than a power in trust which is imperative, is releasable, either with or without consideration, by
written instrument signed by the holder and delivered as
hereinafter provided. [1985 c 30 § 31. Prior: 1984 c 149 §
33; 1955 c 160 § 1. Formerly RCW 64.24.010.]
11.95.010
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.95.020 Releases—Partial releases. A power which
is releasable may be released with respect to the whole or any
part of the property subject to the power and may also be
released in such manner as to reduce or limit the persons or
objects, or classes of persons or objects, in whose favor the
powers would otherwise be exercisable. A release of a power
shall not be deemed to make imperative a power which was
not imperative prior to the release, unless the instrument of
release expressly so provides. [1985 c 30 § 32. Prior: 1984 c
149 § 34; 1955 c 160 § 2. Formerly RCW 64.24.020.]
11.95.020
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
[Title 11 RCW—page 101]
11.95.030
Title 11 RCW: Probate and Trust Law
11.95.030 Releases—Delivery. (1) In order to be effective as a release of a power, the instrument of release must be
delivered to any trustee or co-trustee of the property, and the
person holding the property, to which the power relates.
(2) In addition to the delivery required under subsection
(1) of this section, a copy of the instrument of release may be
published in a legal newspaper of general circulation in the
county in which all or the greatest portion of the property is
located at least once within thirty days of the delivery
required under subsection (1) of this section, which shall
from the time of publication constitute notice of the release to
all other persons. [1995 c 91 § 1; 1985 c 30 § 33. Prior: 1984
c 149 § 35; 1955 c 160 § 3. Formerly RCW 64.24.030.]
11.95.030
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.95.040 Releases—Effect of RCW 11.95.010
through *11.95.050 on prior releases. The enactment of
RCW 11.95.010 through *11.95.050 shall not be construed to
impair the validity of any release heretofore made which was
otherwise valid when executed. [1985 c 30 § 34. Prior: 1984
c 149 § 36; 1955 c 160 § 4. Formerly RCW 64.24.040.]
11.95.040
*Reviser’s note: RCW 11.95.050 was repealed by 1995 c 91 § 2.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.95.060 Exercise of powers of appointment. (1) The
holder of a testamentary or lifetime power of appointment
may exercise the power by appointing property outright or in
trust and may grant further powers to appoint. The powerholder may designate the trustee, powers, situs, and governing law for property appointed in trust.
(2) The holder of a testamentary power may exercise the
power only by the powerholder’s last will, signed before or
after the effective date of the instrument granting the power,
that manifests an intent to exercise the power. Unless the person holding the property subject to the power has within six
months after the holder’s death received written notice that
the powerholder’s last will has been admitted to probate or an
adjudication of testacy has been entered with respect to the
powerholder’s last will in some jurisdiction, the person may,
until the time the notice is received, transfer the property subject to appointment on the basis that the power has not been
effectively exercised. The person holding the property shall
not incur liability to anyone for transfers so made if the person had no knowledge that the power had been exercised and
had made a reasonable effort to determine if the power had
been exercised. A testamentary residuary clause which does
not manifest an intent to exercise a power is not deemed the
exercise of a testamentary power.
(3) The holder of a lifetime power of appointment shall
exercise that power only by delivering a written instrument,
signed by the holder, to the person holding the property subject to the power. If the holder conditions the distribution of
the appointed property on a future event, the written instrument may be revoked in the same manner at any time before
the property becomes distributable upon occurrence of the
event specified, except that any contrary provisions in the
written instrument exercising the power, including provisions
11.95.060
[Title 11 RCW—page 102]
stating the exercise of the power is irrevocable, shall be controlling. If the written instrument is revoked, the holder of the
power may reappoint the property that was appointed in the
instrument. In the absence of signing and delivery of such a
written instrument, a lifetime power is not deemed exercised.
[1989 c 33 § 1; 1985 c 30 § 36. Prior: 1984 c 149 § 38.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.95.070 Application of chapter—Application of
1984 c 149. (1) This chapter does not apply to any power as
trustee described in and subject to RCW 11.98.019.
(2) This chapter does not apply to the powers of a personal representative of the estate of a decedent when acting in
the capacity of personal representative.
(3) Sections 33 through 36, 38, and 39, chapter 149,
Laws of 1984 and the 1984 recodification of RCW 64.24.050
as *RCW 11.95.050 apply as of January 1, 1985, to all existing or subsequently created powers of appointment, but not to
any power of appointment that expressly or by necessary
implication makes those 1984 changes inapplicable. [2006 c
360 § 8; 1985 c 30 § 37. Prior: 1984 c 149 § 39.]
11.95.070
*Reviser’s note: RCW 11.95.050 was repealed by 1995 c 91 § 2.
Clarification of laws—Enforceability of act—Severability—2006 c
360: See notes following RCW 11.108.070.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.95.100 Exercise of power in favor of holder—Limitations. If the standard governing the exercise of a lifetime
or a testamentary power of appointment does not clearly indicate that a broader or more restrictive power of appointment
is intended, the holder of the power of appointment may exercise it in his or her favor only for his or her health, education,
support, or maintenance as described in section 2041 or 2514
of the Internal Revenue Code and the applicable regulations
adopted under the section. [1993 c 339 § 7.]
11.95.100
Additional notes found at www.leg.wa.gov
11.95.110 Exercise of power in favor of holder—Disregard of provision conferring absolute or similar
power—Power of removal. If the holder of a lifetime or testamentary power of appointment may exercise the power in
his or her own favor only for his or her health, education, support, or maintenance as described in section 2041 or 2514 of
the Internal Revenue Code and the applicable regulations
adopted under that section, then a provision of the instrument
creating the power of appointment that purports to confer
"absolute," "sole," "complete," "conclusive," or a similar discretion shall be disregarded in the exercise of that power in
favor of the holder, and that power may then only be exercised reasonably and in accordance with the ascertainable
standards set forth in RCW 11.95.100 and this section. A person who has the right to remove or replace a trustee does not
possess nor may the person be deemed to possess, by virtue
of having that right, the power of the trustee who is subject to
removal or to replacement. [1993 c 339 § 8.]
11.95.110
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Powers of Appointment
11.95.120 Exercise of power in favor of holder—
Income under marital deduction—Spousal power of
appointment. Notwithstanding any provision of RCW
11.95.100 through 11.95.150 seemingly to the contrary,
RCW 11.95.100 through 11.95.150 do not limit or restrict the
distribution of income of a trust that qualifies or that otherwise could have qualified for the marital deduction under
section 2056 or 2523 of the Internal Revenue Code, those
Internal Revenue Code sections requiring that all income be
distributed to the spouse of the decedent or of the trustor at
least annually, whether or not an election was in fact made
under section 2056(b)(7) or 2523(f) of the Internal Revenue
Code. Further, RCW 11.95.100 through 11.95.150 do not
limit or restrict the power of a spouse of the trustor or the
spouse of the decedent to exercise a power of appointment
described in section 2056(b)(5) or 2523(e) of the Internal
Revenue Code with respect to that portion of the trust that
could otherwise qualify for the marital deduction under either
of those Internal Revenue Code sections. [1993 c 339 § 9.]
11.95.120
Additional notes found at www.leg.wa.gov
11.95.130 Exercise of power in favor of holder—
Inference of law. RCW 11.95.100 through 11.95.150 do not
raise an inference that the law of this state prior to July 25,
1993, was different than contained in RCW 11.95.100
through 11.95.150. [1993 c 339 § 10.]
11.95.130
Additional notes found at www.leg.wa.gov
11.95.140 Exercise of power in favor of holder—
Applicability. (1)(a) RCW 11.95.100 and 11.95.110 respectively apply to a power of appointment created:
(i) Under a will, codicil, trust agreement, or declaration
of trust, deed, power of attorney, or other instrument executed after July 25, 1993, unless the terms of the instrument
refer specifically to RCW 11.95.100 or 11.95.110 respectively and provide expressly to the contrary; or
(ii) Under a testamentary trust, trust agreement, or declaration of trust executed before July 25, 1993, unless:
(A) The trust is revoked, or amended to provide otherwise, and the terms of any amendment specifically refer to
RCW 11.95.100 or 11.95.110, respectively, and provide
expressly to the contrary;
(B) All parties in interest, as defined in RCW
11.98.240(3), elect affirmatively, in the manner prescribed in
RCW 11.98.240(4), not to be subject to the application of this
subsection. The election must be made by the later of September 1, 2000, or three years after the date on which the trust
becomes irrevocable; or
(C) A person entitled to judicial proceedings for a declaration of rights or legal relations under RCW 11.96A.080
obtains a judicial determination that the application of this
subsection (1)(a)(ii) to the trust is inconsistent with the provisions or purposes of the will or trust.
(b) Notwithstanding (a) of this subsection, for the purposes of this section a codicil to a will, an amendment to a
trust, or an amendment to another instrument that created the
power of appointment in question shall not be deemed to
cause that instrument to be executed after July 25, 1993,
unless the codicil or amendment clearly shows an intent to
have RCW 11.95.100 or 11.95.110 apply.
11.95.140
(2010 Ed.)
11.95.900
(2) Notwithstanding subsection (1) of this section, RCW
11.95.100 through 11.95.150 shall apply to a power of
appointment created under a will, codicil, trust agreement, or
declaration of trust, deed, power of attorney, or other instrument executed prior to July 25, 1993, if the person who created the power of appointment had on July 25, 1993, the
power to revoke, amend, or modify the instrument creating
the power of appointment, unless:
(a) The terms of the instrument specifically refer to
RCW 11.95.100 or 11.95.110 respectively and provide
expressly to the contrary; or
(b) The person creating the power of appointment was
not competent, on July 25, 1993, to revoke, amend, or modify
the instrument creating the power of appointment and did not
regain his or her competence to revoke, amend, or modify the
instrument creating the power of appointment on or before
his or her death or before the time at which the instrument
could no longer be revoked, amended, or modified by the person. [1999 c 42 § 617; 1997 c 252 § 74; 1993 c 339 § 11.]
Additional notes found at www.leg.wa.gov
11.95.150 Exercise of power in favor of holder—
Cause of action. RCW 11.95.100 through 11.95.140 neither
create a new cause of action nor impair an existing cause of
action that, in either case, relates to a power that was exercised before July 25, 1993. RCW 11.95.100 through
11.95.140 neither create a new cause of action nor impair an
existing cause of action that in either case relates to a power
proscribed, limited, or qualified under RCW 11.95.100
through 11.95.140. [1993 c 339 § 12.]
11.95.150
Additional notes found at www.leg.wa.gov
11.95.160 Lapse of a power—Intent not to exercise a
power—Treatment. A person shall not be treated as having
made a disposition in trust for the use of that individual by
reason of a lapse of a power of withdrawal over the income or
corpus of a trust created by another person. For this purpose,
notification to the trustee of the trust of an intent not to exercise the power of withdrawal shall not be treated as a release
of the power of withdrawal, but shall be treated as a lapse of
the power. [2006 c 360 § 12.]
11.95.160
Clarification of laws—Enforceability of act—Severability—2006 c
360: See notes following RCW 11.108.070.
11.95.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 38.]
11.95.900
[Title 11 RCW—page 103]
Chapter 11.96A
Title 11 RCW: Probate and Trust Law
Chapter 11.96A RCW
TRUST AND ESTATE DISPUTE RESOLUTION
Chapter 11.96A
Sections
tiously administered and settled by the court. [1999 c 42 §
103.]
11.96A.030 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Citation" or "cite" and other similar terms, when
required of a person interested in the estate or trust or a party
to a petition, means to give notice as required under RCW
11.96A.100. "Citation" or "cite" and other similar terms,
when required of the court, means to order, as authorized
under RCW 11.96A.020 and 11.96A.060, and as authorized
by law.
(2) "Matter" includes any issue, question, or dispute
involving:
(a) The determination of any class of creditors, devisees,
legatees, heirs, next of kin, or other persons interested in an
estate, trust, nonprobate asset, or with respect to any other
asset or property interest passing at death;
(b) The direction of a personal representative or trustee
to do or to abstain from doing any act in a fiduciary capacity;
(c) The determination of any question arising in the
administration of an estate or trust, or with respect to any
nonprobate asset, or with respect to any other asset or property interest passing at death, that may include, without limitation, questions relating to: (i) The construction of wills,
trusts, community property agreements, and other writings;
(ii) a change of personal representative or trustee; (iii) a
change of the situs of a trust; (iv) an accounting from a personal representative or trustee; or (v) the determination of
fees for a personal representative or trustee;
(d) The grant to a personal representative or trustee of
any necessary or desirable power not otherwise granted in the
governing instrument or given by law;
(e) An action or proceeding under chapter 11.84 RCW;
(f) The amendment, reformation, or conformation of a
will or a trust instrument to comply with statutes and regulations of the United States internal revenue service in order to
achieve qualification for deductions, elections, and other tax
requirements, including the qualification of any gift thereunder for the benefit of a surviving spouse who is not a citizen
of the United States for the estate tax marital deduction permitted by federal law, including the addition of mandatory
governing instrument requirements for a qualified domestic
trust under section 2056A of the internal revenue code, the
qualification of any gift thereunder as a qualified conservation easement as permitted by federal law, or the qualification
of any gift for the charitable estate tax deduction permitted by
federal law, including the addition of mandatory governing
instrument requirements for a charitable remainder trust; and
(g) With respect to any nonprobate asset, or with respect
to any other asset or property interest passing at death,
including joint tenancy property, property subject to a community property agreement, or assets subject to a pay on
death or transfer on death designation:
(i) The ascertaining of any class of creditors or others for
purposes of chapter 11.18 or 11.42 RCW;
(ii) The ordering of a qualified person, the notice agent,
or resident agent, as those terms are defined in chapter 11.42
RCW, or any combination of them, to do or abstain from
doing any particular act with respect to a nonprobate asset;
11.96A.030
11.96A.010
11.96A.020
11.96A.030
11.96A.040
11.96A.050
11.96A.060
11.96A.070
11.96A.080
11.96A.090
11.96A.100
11.96A.110
11.96A.115
11.96A.120
11.96A.130
11.96A.140
11.96A.150
11.96A.160
11.96A.170
11.96A.180
11.96A.190
11.96A.200
11.96A.210
11.96A.220
11.96A.230
11.96A.240
11.96A.250
11.96A.260
11.96A.270
11.96A.280
11.96A.290
11.96A.300
11.96A.310
11.96A.320
11.96A.900
11.96A.901
11.96A.902
Purpose.
General power of courts—Intent—Plenary power of the
court.
Definitions.
Original jurisdiction in probate and trust matters—Powers of
court.
Venue in proceedings involving probate or trust matters.
Exercise of powers—Orders, writs, process, etc.
Statutes of limitation.
Persons entitled to judicial proceedings for declaration of
rights or legal relations.
Judicial proceedings.
Procedural rules.
Notice in judicial proceedings under this title requiring
notice.
Discovery.
Application of doctrine of virtual representation.
Special notice.
Waiver of notice.
Costs—Attorneys’ fees.
Appointment of guardian ad litem.
Trial by jury.
Execution on judgments.
Execution upon trust income or vested remainder—Permitted, when.
Appellate review.
Purpose.
Binding agreement.
Entry of agreement with court—Effect.
Judicial approval of agreement.
Special representative.
Findings—Intent.
Intent—Parties can agree otherwise.
Scope.
Superior court—Venue.
Mediation procedure.
Arbitration procedure.
Petition for order compelling compliance.
Short title.
Captions not law—1999 c 42.
Effective date—1999 c 42.
11.96A.010 Purpose. The overall purpose of this chapter is to set forth generally applicable statutory provisions for
the resolution of disputes and other matters involving trusts
and estates in a single chapter under Title 11 RCW. The provisions are intended to provide nonjudicial methods for the
resolution of matters, such as mediation, arbitration, and
agreement. The [This] chapter also provides for judicial resolution of disputes if other methods are unsuccessful. [1999 c
42 § 102.]
11.96A.010
11.96A.020 General power of courts—Intent—Plenary power of the court. (1) It is the intent of the legislature
that the courts shall have full and ample power and authority
under this title to administer and settle:
(a) All matters concerning the estates and assets of incapacitated, missing, and deceased persons, including matters
involving nonprobate assets and powers of attorney, in accordance with this title; and
(b) All trusts and trust matters.
(2) If this title should in any case or under any circumstance be inapplicable, insufficient, or doubtful with reference to the administration and settlement of the matters listed
in subsection (1) of this section, the court nevertheless has
full power and authority to proceed with such administration
and settlement in any manner and way that to the court seems
right and proper, all to the end that the matters be expedi11.96A.020
[Title 11 RCW—page 104]
(2010 Ed.)
Trust and Estate Dispute Resolution
(iii) The ordering of a custodian of any of the decedent’s
records relating to a nonprobate asset to do or abstain from
doing any particular act with respect to those records;
(iv) The determination of any question arising in the
administration under chapter 11.18 or 11.42 RCW of a nonprobate asset;
(v) The determination of any questions relating to the
abatement, rights of creditors, or other matter relating to the
administration, settlement, or final disposition of a nonprobate asset under this title;
(vi) The resolution of any matter referencing this chapter, including a determination of any questions relating to the
ownership or distribution of an individual retirement account
on the death of the spouse of the account holder as contemplated by RCW 6.15.020(6);
(vii) The resolution of any other matter that could affect
the nonprobate asset.
(3) "Nonprobate assets" has the meaning given in RCW
11.02.005.
(4) "Notice agent" has the meanings given in RCW
11.42.010.
(5) "Party" or "parties" means each of the following persons who has an interest in the subject of the particular proceeding and whose name and address are known to, or are
reasonably ascertainable by, the petitioner:
(a) The trustor if living;
(b) The trustee;
(c) The personal representative;
(d) An heir;
(e) A beneficiary, including devisees, legatees, and trust
beneficiaries;
(f) The surviving spouse or surviving domestic partner of
a decedent with respect to his or her interest in the decedent’s
property;
(g) A guardian ad litem;
(h) A creditor;
(i) Any other person who has an interest in the subject of
the particular proceeding;
(j) The attorney general if required under RCW
11.110.120;
(k) Any duly appointed and acting legal representative of
a party such as a guardian, special representative, or attorneyin-fact;
(l) Where applicable, the virtual representative of any
person described in this subsection the giving of notice to
whom would meet notice requirements as provided in RCW
11.96A.120;
(m) Any notice agent, resident agent, or a qualified person, as those terms are defined in chapter 11.42 RCW; and
(n) The owner or the personal representative of the estate
of the deceased owner of the nonprobate asset that is the subject of the particular proceeding, if the subject of the particular proceeding relates to the beneficiary’s liability to a decedent’s estate or creditors under RCW 11.18.200.
(6) "Persons interested in the estate or trust" means the
trustor, if living, all persons beneficially interested in the
estate or trust, persons holding powers over the trust or estate
assets, the attorney general in the case of any charitable trust
where the attorney general would be a necessary party to
judicial proceedings concerning the trust, and any personal
representative or trustee of the estate or trust.
(2010 Ed.)
11.96A.050
(7) "Principal place of administration of the trust" means
the trustee’s usual place of business where the day-to-day
records pertaining to the trust are kept, or the trustee’s residence if the trustee has no such place of business.
(8) "Representative" and other similar terms refer to a
person who virtually represents another under RCW
11.96A.120.
(9) The "situs" of a trust means the place where the principal place of administration of the trust is located, unless
otherwise provided in the instrument creating the trust.
(10) "Trustee" means any acting and qualified trustee of
the trust. [2009 c 525 § 20; 2008 c 6 § 927; 2006 c 360 § 10;
2002 c 66 § 2; 1999 c 42 § 104.]
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Clarification of laws—Enforceability of act—Severability—2006 c
360: See notes following RCW 11.108.070.
11.96A.040 Original jurisdiction in probate and trust
matters—Powers of court. (1) The superior court of every
county has original subject matter jurisdiction over the probate of wills and the administration of estates of incapacitated, missing, and deceased individuals in all instances,
including without limitation:
(a) When a resident of the state dies;
(b) When a nonresident of the state dies in the state; or
(c) When a nonresident of the state dies outside the state.
(2) The superior court of every county has original subject matter jurisdiction over trusts and all matters relating to
trusts.
(3) The superior courts may: Probate or refuse to probate wills, appoint personal representatives, administer and
settle the affairs and the estates of incapacitated, missing, or
deceased individuals including but not limited to decedents’
nonprobate assets; administer and settle matters that relate to
nonprobate assets and arise under chapter 11.18 or 11.42
RCW; administer and settle all matters relating to trusts;
administer and settle matters that relate to powers of attorney;
award processes and cause to come before them all persons
whom the courts deem it necessary to examine; order and
cause to be issued all such writs and any other orders as are
proper or necessary; and do all other things proper or incident
to the exercise of jurisdiction under this section.
(4) The subject matter jurisdiction of the superior court
applies without regard to venue. A proceeding or action by or
before a superior court is not defective or invalid because of
the selected venue if the court has jurisdiction of the subject
matter of the action. [2001 c 203 § 9; 1999 c 42 § 201.]
11.96A.040
11.96A.050 Venue in proceedings involving probate
or trust matters. (1) Venue for proceedings pertaining to
trusts shall be:
(a) For testamentary trusts established under wills probated in the state of Washington, in the superior court of the
county where letters testamentary were granted to a personal
representative of the estate subject to the will or, in the alternative, the superior court of the county of the situs of the
trust; and
11.96A.050
[Title 11 RCW—page 105]
11.96A.060
Title 11 RCW: Probate and Trust Law
(b) For all other trusts, in the superior court of the county
in which the situs of the trust is located, or, if the situs is not
located in the state of Washington, in any county.
(2) Venue for proceedings subject to chapter 11.88 or
11.92 RCW shall be determined under the provisions of those
chapters.
(3) Venue for proceedings pertaining to the probate of
wills, the administration and disposition of a decedent’s property, including nonprobate assets, and any other matter not
identified in subsection (1) or (2) of this section, may be in
any county in the state of Washington. A party to a proceeding may request that venue be changed if the request is made
within four months of the mailing of the notice of appointment and pendency of probate required by RCW 11.28.237,
and except for good cause shown, venue must be moved as
follows:
(a) If the decedent was a resident of the state of Washington at the time of death, to the county of the decedent’s residence; or
(b) If the decedent was not a resident of the state of
Washington at the time of death, to any of the following:
(i) Any county in which any part of the probate estate
might be;
(ii) If there are no probate assets, any county where any
nonprobate asset might be; or
(iii) The county in which the decedent died.
(4) Once letters testamentary or of administration have
been granted in the state of Washington, all orders, settlements, trials, and other proceedings under this title shall be
had or made in the county in which such letters have been
granted unless venue is moved as provided in subsection (2)
of this section.
(5) Venue for proceedings pertaining to powers of attorney shall be in the superior court of the county of the principal’s residence, except for good cause shown.
(6) If venue is moved, an action taken before venue is
changed is not invalid because of the venue.
(7) Any request to change venue that is made more than
four months after the commencement of the action may be
granted in the discretion of the court. [2001 c 203 § 10; 1999
c 42 § 202.]
11.96A.060 Exercise of powers—Orders, writs, process, etc. The court may make, issue, and cause to be filed or
served, any and all manner and kinds of orders, judgments,
citations, notices, summons, and other writs and processes
that might be considered proper or necessary in the exercise
of the jurisdiction or powers given or intended to be given by
this title. [1999 c 42 § 203.]
11.96A.060
11.96A.070 Statutes of limitation. (1)(a) An action
against the trustee of an express trust for a breach of fiduciary
duty must be brought within three years from the earlier of:
(i) The time the alleged breach was discovered or reasonably
should have been discovered; (ii) the discharge of a trustee
from the trust as provided in RCW 11.98.041 or by agreement of the parties under RCW 11.96A.220; or (iii) the time
of termination of the trust or the trustee’s repudiation of the
trust.
11.96A.070
[Title 11 RCW—page 106]
(b) The provisions of (a) of this subsection apply to all
express trusts, no matter when created, however it shall not
apply to express trusts created before June 10, 1959, until the
date that is three years after January 1, 2000.
(c) For purposes of this section, "express trust" does not
include resulting trusts, constructive trusts, business trusts in
which certificates of beneficial interest are issued to the beneficiary, investment trusts, voting trusts, trusts in the nature
of mortgages or pledges, trusts created by the judgment or
decree of a court not sitting in probate, liquidation trusts, or
trusts for the sole purpose of paying dividends, interest, interest coupons, salaries, wages, pensions, or profits, trusts created in deposits in any financial institution under chapter
30.22 RCW, unless any such trust that is created in writing
specifically incorporates this chapter in whole or in part.
(2) Except as provided in RCW 11.96A.250 with respect
to special representatives, an action against a personal representative for alleged breach of fiduciary duty by an heir, legatee, or other interested party must be brought before discharge of the personal representative.
(3) The legislature hereby confirms the long standing
public policy of promoting the prompt and efficient resolution of matters involving trusts and estates. To further implement this policy, the legislature adopts the following statutory provisions in order to: (a) Encourage and facilitate the
participation of qualified individuals as special representatives; (b) serve the public’s interest in having a prompt and
efficient resolution of matters involving trusts or estates; and
(c) promote complete and final resolution of proceedings
involving trusts and estates.
(i) Actions against a special representative must be
brought before the earlier of:
(A) Three years from the discharge of the special representative as provided in RCW 11.96A.250; or
(B) The entry of an order by a court of competent jurisdiction under RCW 11.96A.240 approving the written agreement executed by all interested parties in accord with the provisions of RCW 11.96A.220.
(ii) If a legal action is commenced against the special
representative after the expiration of the period during which
claims may be brought against the special representative as
provided in (c)(i) of this subsection, alleging property damage, property loss, or other civil liability caused by or resulting from an alleged act or omission of the special representative arising out of or by reason of the special representative’s
duties or actions as special representative, the special representative shall be indemnified: (A) From the assets held in
the trust or comprising the estate involved in the dispute; and
(B) by the persons bringing the legal action, for all expenses,
attorneys’ fees, judgments, settlements, decrees, or amounts
due and owing or paid in satisfaction of or incurred in the
defense of the legal action. To the extent possible, indemnification must be made first by the persons bringing the legal
action, second from that portion of the trust or estate that is
held for the benefit of, or has been distributed or applied to,
the persons bringing the legal action, and third from the other
assets held in the trust or comprising the estate involved in
the dispute.
(4) The tolling provisions of RCW 4.16.190 apply to this
chapter except that the running of a statute of limitations
under subsection (1) or (2) of this section, or any other appli(2010 Ed.)
Trust and Estate Dispute Resolution
cable statute of limitations for any matter that is the subject of
dispute under this chapter, is not tolled as to an individual
who had a guardian ad litem, limited or general guardian of
the estate, or a special representative to represent the person
during the probate or dispute resolution proceeding. [1999 c
42 § 204.]
11.96A.080 Persons entitled to judicial proceedings
for declaration of rights or legal relations. (1) Subject to
the provisions of RCW 11.96A.260 through 11.96A.320, any
party may have a judicial proceeding for the declaration of
rights or legal relations with respect to any matter, as defined
by RCW 11.96A.030; the resolution of any other case or controversy that arises under the Revised Code of Washington
and references judicial proceedings under this title; or the
determination of the persons entitled to notice under RCW
11.96A.110 or 11.96A.120.
(2) The provisions of this chapter apply to disputes arising in connection with estates of incapacitated persons unless
otherwise covered by chapters 11.88 and 11.92 RCW. The
provisions of this chapter shall not supersede, but shall supplement, any otherwise applicable provisions and procedures
contained in this title, including without limitation those contained in chapter 11.20, 11.24, 11.28, 11.40, 11.42, or 11.56
RCW. The provisions of this chapter shall not apply to
actions for wrongful death under chapter 4.20 RCW. [1999 c
42 § 301.]
(3) The summons need only contain the following language or substantially similar language:
SUPERIOR COURT OF WASHINGTON
FOR (. . .) COUNTY
IN RE . . . . . .
11.96A.080
11.96A.090 Judicial proceedings. (1) A judicial proceeding under this title is a special proceeding under the civil
rules of court. The provisions of this title governing such
actions control over any inconsistent provision of the civil
rules.
(2) A judicial proceeding under this title may be commenced as a new action or as an action incidental to an existing judicial proceeding relating to the same trust or estate or
nonprobate asset.
(3) Once commenced, the action may be consolidated
with an existing proceeding or converted to a separate action
upon the motion of a party for good cause shown, or by the
court on its own motion.
(4) The procedural rules of court apply to judicial proceedings under this title only to the extent that they are consistent with this title, unless otherwise provided by statute or
ordered by the court under RCW 11.96A.020 or 11.96A.050,
or other applicable rules of court. [1999 c 42 § 302.]
11.96A.090
11.96A.100 Procedural rules. Unless rules of court
require or this title provides otherwise, or unless a court
orders otherwise:
(1) A judicial proceeding under RCW 11.96A.090 is to
be commenced by filing a petition with the court;
(2) A summons must be served in accordance with this
chapter and, where not inconsistent with these rules, the procedural rules of court, however, if the proceeding is commenced as an action incidental to an existing judicial proceeding relating to the same trust or estate or nonprobate
asset, notice must be provided by summons only with respect
to those parties who were not already parties to the existing
judicial proceedings;
11.96A.100
(2010 Ed.)
11.96A.100
)
)
)
)
No. . . .
Summons
TO THE RESPONDENT OR OTHER INTERESTED
PARTY: A petition has been filed in the superior court of
Washington for (. . .) County. Petitioner’s claim is stated in
the petition, a copy of which is served upon you with this
summons.
In order to defend against or to object to the petition, you
must answer the petition by stating your defense or objections in writing, and by serving your answer upon the person
signing this summons not later than five days before the date
of the hearing on the petition. Your failure to answer within
this time limit might result in a default judgment being
entered against you without further notice. A default judgment grants the petitioner all that the petitioner seeks under
the petition because you have not filed an answer.
If you wish to seek the advice of a lawyer, you should do so
promptly so that your written answer, if any, may be served
on time.
This summons is issued under RCW 11.96A.100(3).
(Signed) . . . . . . . . . . . .
Print or Type Name
Dated: . . . . . .
Telephone Number: . . . . . .
(4) Subject to other applicable statutes and court rules,
the clerk of each of the superior courts shall fix the time for
any hearing on a matter on application by a party, and no
order of the court shall be required to fix the time or to
approve the form or content of the notice of a hearing;
(5) The answer to the petition and any counterclaims or
cross-claims must be served on the parties or the parties’ virtual representatives and filed with the court at least five days
before the date of the hearing, and all replies to the counterclaims and cross-claims must be served on the parties or the
parties’ virtual representatives and filed with the court at least
two days before the date of the hearing;
(6) Proceedings under this chapter are subject to the
mediation and arbitration provisions of this chapter. Except
as specifically provided in RCW 11.96A.310, the provisions
of chapter 7.06 RCW do not apply;
(7) Testimony of witnesses may be by affidavit;
(8) Unless requested otherwise by a party in a petition or
answer, the initial hearing must be a hearing on the merits to
resolve all issues of fact and all issues of law;
(9) Any party may move the court for an order relating to
a procedural matter, including discovery, and for summary
judgment, in the original petition, answer, response, or reply,
or in a separate motion, or at any other time; and
[Title 11 RCW—page 107]
11.96A.110
Title 11 RCW: Probate and Trust Law
(10) If the initial hearing is not a hearing on the merits or
does not result in a resolution of all issues of fact and all
issues of law, the court may enter any order it deems appropriate, which order may (a) resolve such issues as it deems
proper, (b) determine the scope of discovery, and (c) set a
schedule for further proceedings for the prompt resolution of
the matter. [2001 c 14 § 1; 1999 c 42 § 303.]
11.96A.110 Notice in judicial proceedings under this
title requiring notice. (1) Subject to RCW 11.96A.160, in
all judicial proceedings under this title that require notice, the
notice must be personally served on or mailed to all parties or
the parties’ virtual representatives at least twenty days before
the hearing on the petition unless a different period is provided by statute or ordered by the court. The date of service
shall be determined under the rules of civil procedure.
(2) Proof of the service or mailing required in this section must be made by affidavit or declaration filed at or
before the hearing. [1999 c 42 § 304.]
11.96A.110
11.96A.115 Discovery. In all matters governed by this
title, discovery shall be permitted only in the following matters:
(1) A judicial proceeding that places one or more specific issues in controversy that has been commenced under
RCW 11.96A.100, in which case discovery shall be conducted in accordance with the superior court civil rules and
applicable local rules; or
(2) A matter in which the court orders that discovery be
permitted on a showing of good cause, in which case discovery shall be conducted in accordance with the superior court
civil rules and applicable local rules unless otherwise limited
by the order of the court. [2006 c 360 § 11.]
11.96A.115
Clarification of laws—Enforceability of act—Severability—2006 c
360: See notes following RCW 11.108.070.
11.96A.120 Application of doctrine of virtual representation. (1) This section is intended to adopt the common
law concept of virtual representation. This section supplements the common law relating to the doctrine of virtual representation and shall not be construed as limiting the application of that common law doctrine.
(2) Any notice requirement in this title is satisfied if
notice is given as follows:
(a) Where an interest in an estate, trust, or nonprobate
asset or an interest that may be affected by a power of attorney has been given to persons who comprise a certain class
upon the happening of a certain event, notice may be given to
the living persons who would constitute the class if the event
had happened immediately before the commencement of the
proceeding requiring notice, and the persons shall virtually
represent all other members of the class;
(b) Where an interest in an estate, trust, or nonprobate
asset or an interest that may be affected by a power of attorney has been given to a living person, and the same interest,
or a share in it, is to pass to the surviving spouse or surviving
domestic partner or to persons who are, or might be, the distributees, heirs, issue, or other kindred of that living person
upon the happening of a future event, notice may be given to
that living person, and the living person shall virtually repre11.96A.120
[Title 11 RCW—page 108]
sent the surviving spouse or surviving domestic partner, distributees, heirs, issue, or other kindred of the person; and
(c) Except as otherwise provided in this subsection,
where an interest in an estate, trust, or nonprobate asset or an
interest that may be affected by a power of attorney has been
given to a person or a class of persons, or both, upon the happening of any future event, and the same interest or a share of
the interest is to pass to another person or class of persons, or
both, upon the happening of an additional future event, notice
may be given to the living person or persons who would take
the interest upon the happening of the first event, and the living person or persons shall virtually represent the persons and
classes of persons who might take on the happening of the
additional future event.
(3) A party is not virtually represented by a person
receiving notice if a conflict of interest involving the matter
is known to exist between the notified person and the party.
(4) An action taken by the court is conclusive and binding upon each person receiving actual or constructive notice
or who is otherwise virtually represented. [2008 c 6 § 928;
2001 c 203 § 11; 1999 c 42 § 305.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
11.96A.130 Special notice. Nothing in this chapter
eliminates the requirement to give notice to a person who has
requested special notice under RCW 11.28.240 or 11.92.150.
[1999 c 42 § 306.]
11.96A.130
11.96A.140 Waiver of notice. Notwithstanding any
other provision of this title, notice of a hearing does not need
to be given to a legally competent person who has waived in
writing notice of the hearing in person or by attorney, or who
has appeared at the hearing without objecting to the lack of
proper notice or personal jurisdiction. The waiver of notice
may apply either to a specific hearing or to any and all hearings and proceedings to be held, in which event the waiver of
notice is of continuing effect unless subsequently revoked by
the filing of a written notice of revocation of the waiver and
the mailing of a copy of the notice of revocation of the waiver
to the other parties. Unless notice of a hearing is required to
be given by publication, if all persons entitled to notice of the
hearing waive the notice or appear at the hearing without
objecting to the lack of proper notice or personal jurisdiction,
the court may hear the matter immediately. A guardian of the
estate or a guardian ad litem may make the waivers on behalf
of the incapacitated person, and a trustee may make the waivers on behalf of any competent or incapacitated beneficiary of
the trust. A consul or other representative of a foreign government, whose appearance has been entered as provided by
law on behalf of any person residing in a foreign country,
may make the waiver of notice on behalf of the person. [1999
c 42 § 307.]
11.96A.140
11.96A.150 Costs—Attorneys’ fees. (1) Either the
superior court or any court on an appeal may, in its discretion,
order costs, including reasonable attorneys’ fees, to be
awarded to any party: (a) From any party to the proceedings;
(b) from the assets of the estate or trust involved in the proceedings; or (c) from any nonprobate asset that is the subject
11.96A.150
(2010 Ed.)
Trust and Estate Dispute Resolution
of the proceedings. The court may order the costs, including
reasonable attorneys’ fees, to be paid in such amount and in
such manner as the court determines to be equitable. In exercising its discretion under this section, the court may consider
any and all factors that it deems to be relevant and appropriate, which factors may but need not include whether the litigation benefits the estate or trust involved.
(2) This section applies to all proceedings governed by
this title, including but not limited to proceedings involving
trusts, decedent’s estates and properties, and guardianship
matters. This section shall not be construed as being limited
by any other specific statutory provision providing for the
payment of costs, including RCW 11.68.070 and 11.24.050,
unless such statute specifically provides otherwise. This section shall apply to matters involving guardians and guardians
ad litem and shall not be limited or controlled by the provisions of RCW 11.88.090(10). [2007 c 475 § 5; 1999 c 42 §
308.]
Severability—2007 c 475: See RCW 11.05A.903.
11.96A.160 Appointment of guardian ad litem. (1)
The court, upon its own motion or upon request of one or
more of the parties, at any stage of a judicial proceeding or at
any time in a nonjudicial resolution procedure, may appoint a
guardian ad litem to represent the interests of a minor, incapacitated, unborn, or unascertained person, person whose
identity or address is unknown, or a designated class of persons who are not ascertained or are not in being. If not precluded by a conflict of interest, a guardian ad litem may be
appointed to represent several persons or interests.
(2) The court-appointed guardian ad litem supersedes the
special representative if so provided in the court order.
(3) The court may appoint the guardian ad litem at an ex
parte hearing, or the court may order a hearing as provided in
RCW 11.96A.090 with notice as provided in this section and
RCW 11.96A.110.
(4) The guardian ad litem is entitled to reasonable compensation for services. Such compensation is to be paid from
the principal of the estate or trust whose beneficiaries are represented. [1999 c 42 § 309.]
11.96A.160
11.96A.170 Trial by jury. If a party is entitled to a trial
by jury and a jury is demanded, and the issues are not sufficiently made up by the written pleadings on file, the court, on
due notice, shall settle and frame the issues to be tried. If a
jury is not demanded, the court shall try the issues, and sign
and file its findings and decision in writing, as provided for in
civil actions. [1999 c 42 § 310.]
11.96A.170
11.96A.180 Execution on judgments. Judgment on the
issues, as well as for costs, may be entered and enforced by
execution or otherwise by the court as in civil actions. [1999
c 42 § 311.]
11.96A.180
11.96A.190 Execution upon trust income or vested
remainder—Permitted, when. Nothing in RCW 6.32.250
shall forbid execution upon the income of any trust created by
a person other than the judgment debtor for debt arising
through the furnishing of the necessities of life to the beneficiary of such trust; or as to such income forbid the enforce11.96A.190
(2010 Ed.)
11.96A.230
ment of any order of the superior court requiring the payment
of support for the children under the age of eighteen of any
beneficiary; or forbid the enforcement of any order of the
superior court subjecting the vested remainder of any such
trust upon its expiration to execution for the debts of the
remainderman. [1999 c 42 § 312.]
11.96A.200 Appellate review. An interested party may
seek appellate review of a final order, judgment, or decree of
the court respecting a judicial proceeding under this title. The
review must be done in the manner and way provided by law
for appeals in civil actions. [1999 c 42 § 313.]
11.96A.200
11.96A.210 Purpose. The purpose of RCW
11.96A.220 through 11.96A.250 is to provide a binding nonjudicial procedure to resolve matters through written agreements among the parties interested in the estate or trust. The
procedure is supplemental to, and may not derogate from,
any other proceeding or provision authorized by statute or the
common law. [1999 c 42 § 401.]
11.96A.210
11.96A.220 Binding agreement. RCW 11.96A.210
through 11.96A.250 shall be applicable to the resolution of
any matter, as defined by RCW 11.96A.030, other than matters subject to chapter 11.88 or 11.92 RCW, or a trust for a
minor or other incapacitated person created at its inception by
the judgment or decree of a court unless the judgment or
decree provides that RCW 11.96A.210 through 11.96A.250
shall be applicable. If all parties agree to a resolution of any
such matter, then the agreement shall be evidenced by a written agreement signed by all parties. Subject to the provisions
of RCW 11.96A.240, the written agreement shall be binding
and conclusive on all persons interested in the estate or trust.
The agreement shall identify the subject matter of the dispute
and the parties. If the agreement or a memorandum of the
agreement is to be filed with the court under RCW
11.96A.230, the agreement may, but need not, include provisions specifically addressing jurisdiction, governing law, the
waiver of notice of the filing as provided in RCW
11.96A.230, and the discharge of any special representative
who has acted with respect to the agreement.
If a party who virtually represents another under RCW
11.96A.120 signs the agreement, then the party’s signature
constitutes the signature of all persons whom the party virtually represents, and all the virtually represented persons shall
be bound by the agreement. [1999 c 42 § 402.]
11.96A.220
11.96A.230 Entry of agreement with court—Effect.
(1) Any party, or a party’s legal representative, may file the
written agreement or a memorandum summarizing the written agreement with the court having jurisdiction over the
estate or trust. The agreement or a memorandum of its terms
may be filed within thirty days of the agreement’s execution
by all parties only with the written consent of the special representative. The agreement or a memorandum of its terms
may be filed after a special representative has commenced a
proceeding under RCW 11.96A.240 only after the court has
determined that the special representative has adequately represented and protected the parties represented. Failure to
complete any action authorized or required under this subsec11.96A.230
[Title 11 RCW—page 109]
11.96A.240
Title 11 RCW: Probate and Trust Law
tion does not cause the written agreement to be ineffective
and the agreement is nonetheless binding and conclusive on
all persons interested in the estate or trust.
(2) On filing the agreement or memorandum, the agreement will be deemed approved by the court and is equivalent
to a final court order binding on all persons interested in the
estate or trust. [2001 c 14 § 2; 1999 c 42 § 403.]
11.96A.240 Judicial approval of agreement. Within
thirty days of execution of the agreement by all parties, the
special representative may note a hearing for presentation of
the written agreement to a court of competent jurisdiction.
The special representative shall provide notice of the time
and date of the hearing to each party to the agreement whose
address is known, unless such notice has been waived. Proof
of mailing or delivery of the notice must be filed with the
court. At such hearing the court shall review the agreement
on behalf of the parties represented by the special representative. The court shall determine whether or not the interests of
the represented parties have been adequately represented and
protected, and an order declaring the court’s determination
shall be entered. If the court determines that such interests
have not been adequately represented and protected, the
agreement shall be declared of no effect. [1999 c 42 § 404.]
11.96A.240
11.96A.250 Special representative. (1)(a) The personal representative or trustee may petition the court having
jurisdiction over the matter for the appointment of a special
representative to represent a person who is interested in the
estate or trust and: (i) Who is a minor; (ii) who is incompetent or disabled; (iii) who is yet unborn or unascertained; or
(iv) whose identity or address is unknown. The petition may
be heard by the court without notice.
(b) In appointing the special representative the court
shall give due consideration and deference to any nomination(s) made in the petition, the special skills required in the
representation, and the need for a representative who will act
independently and prudently. The nomination of a person as
special representative by the personal representative or
trustee and the person’s willingness to serve as special representative are not grounds by themselves for finding a lack of
independence, however, the court may consider any interests
that the nominating fiduciary may have in the estate or trust
in making the determination.
(c) The special representative may enter into a binding
agreement on behalf of the person or beneficiary. The special
representative may be appointed for more than one person or
class of persons if the interests of such persons or class are
not in conflict. The petition shall be verified. The petition and
order appointing the special representative may be in the following form:
11.96A.250
CAPTION
OF CASE
PETITION FOR APPOINTMENT
OF SPECIAL REPRESENTATIVE
UNDER RCW 11.96A.250
The undersigned petitioner petitions the court for the
appointment of a special representative in accordance with
RCW 11.96A.250 and shows the court as follows:
1. Petitioner. Petitioner . . . is the qualified and presently
acting (personal representative) (trustee) of the above (estate)
[Title 11 RCW—page 110]
(trust) having been named (personal representative) (trustee)
under (describe will and reference probate order or describe
trust instrument).
2. Issue Concerning (Estate) (Trust) Administration. A
question concerning administration of the (estate) (trust) has
arisen as to (describe issue, for example: Related to interpretation, construction, administration, distribution). The issues
are appropriate for determination under RCW 11.96A.250.
3. Beneficiaries. The beneficiaries of the (estate) (trust)
include persons who are unborn, unknown, or unascertained
persons, or who are under eighteen years of age.
4. Special Representative. The nominated special representative . . . is a lawyer licensed to practice before the courts
of this state or an individual with special skill or training in
the administration of estates or trusts. The nominated special
representative does not have an interest in the affected estate
or trust and is not related to any person interested in the estate
or trust. The nominated special representative is willing to
serve. The petitioner has no reason to believe that the nominated special representative will not act in an independent
and prudent manner and in the best interests of the represented parties. (It is recommended that the petitioner also
include information specifying the particular skills of the
nominated special representative that relate to the matter in
issue.)
5. Resolution. Petitioner desires to achieve a resolution
of the questions that have arisen concerning the (estate)
(trust). Petitioner believes that proceeding in accordance with
the procedures permitted under RCW 11.96A.210 through
11.96A.250 would be in the best interests of the (estate)
(trust) and the beneficiaries.
6. Request of Court. Petitioner requests that . . ., . . . an
attorney licensed to practice in the State of Washington.
(OR)
. . . . an individual with special skill or training in the
administration of estates or trusts
be appointed special representative for those beneficiaries
who are not yet adults, as well as for the unborn, unknown,
and unascertained beneficiaries, as provided under RCW
11.96A.250.
DATED this . . . day of . . . . ., . . . .
......................
(Petitioner or petitioner’s
legal representative)
VERIFICATION
I certify under penalty of perjury under the laws of the
state of Washington that the foregoing is true and correct.
DATED . . . . . ., 2000, at . . . . . ., Washington.
........................
(Petitioner or other person
having knowledge)
CAPTION
OF CASE
ORDER FOR APPOINTMENT
OF SPECIAL REPRESENTATIVE
THIS MATTER having come on for hearing before this
Court on Petition for Appointment of Special Representative
(2010 Ed.)
Trust and Estate Dispute Resolution
filed herein, and it appearing that it would be in the best interests of the (estate) (trust) described in the Petition to appoint
a special representative to address the issues that have arisen
concerning the (estate) (trust) and the Court finding that the
facts stated in the Petition are true, now, therefore,
IT IS ORDERED that . . . is appointed under RCW
11.96A.250 as special representative for the (estate) (trust)
beneficiaries who are not yet adult age, and for unborn,
unknown, or unascertained beneficiaries to represent their
respective interests in the (estate) (trust) as provided in RCW
11.96A.250. The special representative shall be discharged of
responsibility with respect to the (estate) (trust) at such time
as a written agreement is executed resolving the present
issues, all as provided in that statute, or if an agreement is not
reached within six months from entry of this Order, the special representative appointed under this Order shall be discharged of responsibility, subject to subsequent reappointment under RCW 11.96A.250.
DONE IN OPEN COURT this . . . day of . . . . ., . . . .
.................................
JUDGE/COURT COMMISSIONER
(2) Upon appointment by the court, the special representative shall file a certification made under penalty of perjury
in accordance with RCW 9A.72.085 that he or she (a) is not
interested in the estate or trust; (b) is not related to any person
interested in the estate or trust; (c) is willing to serve; and (d)
will act independently, prudently, and in the best interests of
the represented parties.
(3) The special representative must be a lawyer licensed
to practice before the courts of this state or an individual with
special skill or training in the administration of estates or
trusts. The special representative may not have an interest in
the affected estate or trust, and may not be related to a person
interested in the estate or trust. The special representative is
entitled to reasonable compensation for services that must be
paid from the principal of the estate or trust whose beneficiaries are represented.
(4) The special representative shall be discharged from
any responsibility and shall have no further duties with
respect to the estate or trust or with respect to any person
interested in the estate or trust, on the earlier of: (a) The expiration of six months from the date the special representative
was appointed unless the order appointing the special representative provides otherwise, or (b) the execution of the written agreement by all parties or their virtual representatives.
Any action against a special representative must be brought
within the time limits provided by RCW 11.96A.070(3)(c)(i).
[2001 c 14 § 3; 1999 c 42 § 405.]
Additional notes found at www.leg.wa.gov
11.96A.260 Findings—Intent. The legislature finds
that it is in the interest of the citizens of the state of Washington to encourage the prompt and early resolution of disputes
in trust, estate, and nonprobate matters. The legislature
endorses the use of dispute resolution procedures by means
other than litigation. The legislature also finds that the former
chapter providing for the nonjudicial resolution of trust,
estate, and nonprobate disputes, *chapter 11.96 RCW, has
resulted in the successful resolution of thousands of disputes
11.96A.290
since 1984. The nonjudicial procedure has resulted in substantial savings of public funds by removing those disputes
from the court system. Enhancement of the statutory framework supporting the nonjudicial process in *chapter 11.96
RCW would be beneficial and would foster even greater use
of nonjudicial dispute methods to resolve trust, estate, and
nonprobate disputes. The legislature further finds that it
would be beneficial to allow parties to disputes involving
trusts, estates, and nonprobate assets to have access to a process for required mediation followed by arbitration using
mediators and arbitrators experienced in trust, estate, and
nonprobate matters. Finally, the legislature also believes it
would be beneficial to parties with disputes in trusts, estates,
and nonprobate matters to clarify and streamline the statutory
framework governing the procedures governing these cases
in the court system.
Therefore, the legislature adopts RCW 11.96A.270
through 11.96A.320, that enhance *chapter 11.96 RCW and
allow required mediation and arbitration in disputes involving trusts, estates, and nonprobate matters that are brought to
the courts. RCW 11.96A.270 through 11.96A.320 also set
forth specific civil procedures for handling trust and estate
disputes in the court system. It is intended that the adoption of
RCW 11.96A.270 through 11.96A.320 will encourage and
direct all parties in trust, estate, and nonprobate matter disputes, and the court system, to provide for expeditious, complete, and final decisions to be made in disputed trust, estate,
and nonprobate matters. [1999 c 42 § 501.]
*Reviser’s note: Chapter 11.96 RCW was repealed by 1999 c 42 § 637,
effective January 1, 2000.
11.96A.270 Intent—Parties can agree otherwise. The
intent of RCW 11.96A.260 through 11.96A.320 is to provide
for the efficient settlement of disputes in trust, estate, and
nonprobate matters through mediation and arbitration by providing any party the right to proceed first with mediation and
then arbitration before formal judicial procedures may be utilized. Accordingly, any of the requirements or rights under
RCW 11.96A.260 through 11.96A.320 are subject to any
contrary agreement between the parties or the parties’ virtual
representatives. [1999 c 42 § 502.]
11.96A.270
11.96A.280 Scope. A party may cause the matter to be
presented for mediation and then arbitration, as provided
under RCW 11.96A.260 through 11.96A.320. If a party
causes the matter to be presented for resolution under RCW
11.96A.260 through 11.96A.320, then judicial resolution of
the matter, as provided in RCW 11.96A.060 or by any other
civil action, is available only by complying with the mediation and arbitration provisions of RCW 11.96A.260 through
11.96A.320. [1999 c 42 § 503.]
11.96A.280
11.96A.260
(2010 Ed.)
11.96A.290 Superior court—Venue. As used in RCW
11.96A.260 through 11.96A.320, "superior court" means:
(1) Before the commencement of any legal proceedings, the
appropriate superior court with respect to the matter as provided in RCW 11.96A.040; and (2) if legal proceedings have
been commenced with respect to the matter, the superior
court in which the proceedings are pending. [1999 c 42 §
504.]
11.96A.290
[Title 11 RCW—page 111]
11.96A.300
Title 11 RCW: Probate and Trust Law
11.96A.300 Mediation procedure. (1) Notice of mediation. A party may cause the matter to be subject to mediation
by service of written notice of mediation on all parties or the
parties’ virtual representatives as follows:
(a) If no hearing has been set. If no hearing on the matter
has been set, by serving notice in substantially the following
form before any petition setting a hearing on the matter is
filed with the court:
11.96A.300
NOTICE OF MEDIATION UNDER RCW 11.96A.300
To: (Parties)
Notice is hereby given that the following matter shall be
resolved by mediation under RCW 11.96A.300:
(State nature of matter)
This matter must be resolved using the mediation procedures
of RCW 11.96A.300 unless a petition objecting to mediation
is filed with the superior court within twenty days of service
of this notice. If a petition objecting to mediation is not filed
within the twenty-day period, RCW 11.96A.300(4) requires
you to furnish to all other parties or their virtual representatives a list of acceptable mediators within thirty days of your
receipt of this notice.
(Optional: Our list of acceptable mediators is as follows:)
DATED: . . . . . .
.................................
(Party or party’s legal representative)
(b) If a hearing has been set. If a hearing on the matter
has been set, by filing and serving notice in substantially the
following form at least three days prior to the hearing that has
been set on the matter:
NOTICE OF MEDIATION UNDER RCW 11.96A.300
To: (Parties)
Notice is hereby given that the following matter shall be
resolved by mediation under RCW 11.96A.300:
(State nature of matter)
This matter must be resolved using the mediation procedures
of RCW 11.96A.300 unless the court determines at the hearing set for . . . o’clock on . . . . . , (identify place of already set
hearing), that mediation shall not apply pursuant to RCW
11.96A.300(3). If the court determines that mediation shall
not apply, the court may decide the matter at the hearing,
require arbitration, or direct other judicial proceedings.
(Optional: Our list of acceptable mediators is as follows:)
DATED: . . . . . .
.................................
(Party or party’s legal representative)
(2) Procedure when notice of mediation served before a
hearing is set. The following provisions apply when notice of
mediation is served before a hearing on the matter is set:
(a) The written notice required in subsection (1)(a) of
this section may be served at any time without leave of the
court.
[Title 11 RCW—page 112]
(b) Any party may object to a notice of mediation under
subsection (1)(a) of this section by filing a petition with the
superior court and serving the petition on all parties or the
parties’ virtual representatives. The party objecting to notice
of mediation under subsection (1)(a) of this section must file
and serve the petition objecting to mediation no later than
twenty days after receipt of the written notice of mediation.
The petition may include a request for determination of matters subject to judicial resolution under RCW 11.96A.080
through 11.96A.200, and may also request that the matters in
issue be decided at the hearing.
(c) The hearing on the petition objecting to mediation
must be heard no later than twenty days after the filing of that
petition.
(d) The party objecting to mediation must give notice of
the hearing to all other parties at least ten days before the
hearing and must include a copy of the petition.
At the hearing, the court shall order that mediation proceed
except for good cause shown. Such order shall not be subject
to appeal or revision. If the court determines that the matter
should not be subject to mediation, the court shall dispose of
the matter by: (i) Deciding the matter at that hearing, but
only if the petition objecting to mediation contains a request
for that relief, (ii) requiring arbitration, or (iii) directing other
judicial proceedings.
(3) Procedure when notice of mediation served after
hearing set. If the written notice of mediation required in subsection (1)(b) of this section is timely filed and served by a
party and another party objects to mediation, by petition or
orally at the hearing, the court shall order that mediation proceed except for good cause shown. Such order shall not be
subject to appeal or revision. If the court determines that the
matter should not be subject to mediation, the court shall dispose of the matter by: (a) Deciding the matter at that hearing,
(b) requiring arbitration, or (c) directing other judicial proceedings.
(4) Selection of mediator; mediator qualifications.
(a) If a petition objecting to mediation is not filed as provided in subsection (3) of this section, or if a court determines
that mediation shall apply, each party shall, within thirty days
of receipt of the initial notice or within twenty days after the
court determination, whichever is later, furnish all other parties or the parties’ virtual representatives a list of qualified
and acceptable mediators. If the parties cannot agree on a
mediator within ten days after the list is required to be furnished, a party may petition the court to appoint a mediator.
All parties may submit a list of qualified and acceptable
mediators to the court no later than the date on which the
hearing on the petition is to be held. At the hearing the court
shall select a qualified mediator from lists of acceptable
mediators provided by the parties.
(b) A qualified mediator must be: (i) An attorney
licensed to practice before the courts of this state having at
least five years of experience in estate and trust matters, (ii)
an individual, who may be an attorney, with special skill or
training in the administration of trusts and estates, or (iii) an
individual, who may be an attorney, with special skill or
training as a mediator. The mediator may not have an interest
in an affected estate, trust, or nonprobate asset, and may not
be related to a party.
(2010 Ed.)
Trust and Estate Dispute Resolution
(5) Date for mediation. Upon designation of a mediator
by the parties or court appointment of a mediator, the mediator and the parties or the parties’ virtual representatives shall
establish a date for the mediation. If a date cannot be agreed
upon within ten days of the designation or appointment of the
mediator, a party may petition the court to set a date for the
mediation session.
(6) Duration of mediation. The mediation must last at
least three hours unless the matter is earlier resolved.
(7) Mediation agreement. A resolution of the matter that
is the subject of the mediation must be evidenced by a nonjudicial dispute resolution agreement under RCW 11.96A.220.
(8) Costs of mediation. Costs of the mediation, including
reasonable compensation for the mediator’s services, shall be
borne equally by the parties. The details of those costs and
fees, including the compensation of the mediator, must be set
forth in a mediation agreement between the mediator and all
parties to the matter. Each party shall bear its own costs and
expenses, including legal fees and witness expenses, in connection with the mediation proceeding: (a) Except as may
occur otherwise as provided in RCW 11.96A.320, or (b)
unless the matter is not resolved by mediation and the arbitrator or court finally resolving the matter directs otherwise.
[2001 c 14 § 4; 1999 c 42 § 505.]
11.96A.310 Arbitration procedure. (1) When arbitration available. Arbitration under RCW 11.96A.260 through
11.96A.320 is available only if:
(a) A party has first petitioned for mediation under RCW
11.96A.300 and such mediation has been concluded;
(b) The court has determined that mediation under RCW
11.96A.300 is not required and has not ordered that the matter be disposed of in some other manner;
(c) All of the parties or the parties’ virtual representatives have agreed not to use the mediation procedures of
RCW 11.96A.300; or
(d) The court has ordered that the matter must be submitted to arbitration.
(2) Commencement of arbitration. Arbitration must be
commenced as follows:
(a) If the matter is not settled through mediation under
RCW 11.96A.300, or the court orders that mediation is not
required, a party may commence arbitration by serving written notice of arbitration on all other parties or the parties’ virtual representatives. The notice must be served no later than
twenty days after the later of the conclusion of the mediation
procedure, if any, or twenty days after entry of the order providing that mediation is not required. If arbitration is ordered
by the court under RCW 11.96A.300(3), arbitration must proceed in accordance with the order.
(b) If the parties or the parties’ virtual representatives
agree that mediation does not apply and have not agreed to
another procedure for resolving the matter, a party may commence arbitration without leave of the court by serving written notice of arbitration on all other parties or the parties’ virtual representatives at any time before or at the initial judicial
hearing on the matter. After the initial judicial hearing on the
matter, the written notice required in subsection (1) of this
section may only be served with leave of the court.
Any notice required by this section must be in substantially the following form:
11.96A.310
(2010 Ed.)
NOTICE
11.96A.310
11.96A.310
OF
ARBITRATION
UNDER
RCW
To: (Parties)
Notice is hereby given that the following matter must be
resolved by arbitration under RCW 11.96A.310:
(State nature of matter)
The matter must be resolved using the arbitration procedures
of RCW 11.96A.310 unless a petition objecting to arbitration
is filed with the superior court within twenty days of receipt
of this notice. If a petition objecting to arbitration is not filed
within the twenty-day period, RCW 11.96A.310 requires you
to furnish to all other parties or the parties’ virtual representatives a list of acceptable arbitrators within thirty days of
your receipt of this notice.
(Optional: Our list of acceptable arbitrators is as follows:)
DATED: . . . . . .
.................................
(Party or party’s legal representative)
(3) Objection to arbitration. A party may object to arbitration by filing a petition with the superior court and serving
the petition on all parties or the parties’ virtual representatives. The objection to arbitration may be filed at any time
unless a written notice of arbitration has been served, in
which case the objection to arbitration must be filed and
served no later than twenty days after receipt of the written
notice of arbitration. The hearing on the objection to arbitration must be heard no later than twenty days after the filing of
that petition. The party objecting to arbitration must give
notice of the hearing to all parties at least ten days before the
hearing and shall include a copy of the petition. At the hearing, the court shall order that arbitration proceed except for
good cause shown. Such order shall not be subject to appeal
or revision. If the court determines that the matter should not
be subject to arbitration, the court shall dispose of the matter
by: (a) Deciding the matter at that hearing, but only if the
petition objecting to arbitration contains a request for such
relief; or (b) directing other judicial proceedings.
(4) Selection of arbitrator; qualifications of arbitrator.
(a) If a petition objecting to arbitration is not filed as provided in subsection (3) of this section, or if a court determines
that arbitration must apply, each party shall, within thirty
days of receipt of the initial notice or within twenty days after
the court determination, whichever is later, furnish all other
parties or the parties’ virtual representatives a list of acceptable arbitrators. If the parties cannot agree on an arbitrator
within ten days after the list is required to be furnished, a
party may petition the court to appoint an arbitrator. All parties may submit a list of qualified and acceptable arbitrators
to the court no later than the date on which the hearing on the
petition is to be held. At the hearing the court shall select a
qualified arbitrator from lists of acceptable arbitrators provided by the parties.
(b) A qualified arbitrator must be an attorney licensed to
practice before the courts of this state having at least five
years of experience in trust or estate matters or five years of
experience in litigation or other formal dispute resolution
[Title 11 RCW—page 113]
11.96A.320
Title 11 RCW: Probate and Trust Law
involving trusts or estates, or an individual, who may be an
attorney, with special skill or training with respect to the matter. The arbitrator may be the same person selected and used
as a mediator under the mediation procedures of RCW
11.96A.300.
(5) Arbitration rules. Arbitration must be under chapter
7.06 RCW, mandatory arbitration of civil actions, as follows:
(a) Chapter 7.06 RCW, the superior court mandatory
arbitration rules adopted by the supreme court, and any local
rules for mandatory arbitration adopted by the superior court
apply to this title. If the superior court has not adopted chapter 7.06 RCW, then the local rules for mandatory arbitration
applicable in King county apply, except all the duties of the
director of arbitration must be performed by the presiding
judge of the superior court.
(b) If a party has already filed a petition with the court
with respect to the matter that will be the subject of the arbitration proceedings, then all other parties to the arbitration
proceedings who have not yet filed a reply thereto must file a
reply with the arbitrator within ten days of the date on which
the arbitrator is selected or appointed.
(c) The arbitration provisions of this subsection apply to
all matters in dispute. The dollar limits and restrictions to
monetary damages of RCW 7.06.020 do not apply to arbitrations under this subsection. To the extent any provision in
this title is inconsistent with chapter 7.06 RCW or the rules
referenced in (a) of this subsection, the provisions of this title
control.
(d) The compensation of the arbitrator must be set by
written agreement between the parties and the arbitrator. The
arbitrator must be compensated at the arbitrator’s stated rate
of compensation for acting as an arbitrator of disputes in
trusts, estates, and nonprobate matters unless the parties or
the parties’ virtual representatives agree otherwise.
(e) Unless directed otherwise by the arbitrator in accord
with subsection (6) of this section or RCW 11.96A.320, or
unless the matter is not resolved by arbitration and the court
finally resolving the matter directs otherwise:
(i) Costs of the arbitration, including compensation for
the arbitrator’s services, must be borne equally by the parties
participating in the arbitration, with the details of those costs
and fees to be set forth in an arbitration agreement between
the arbitrator and all parties to the matter; and
(ii) A party shall bear its own costs and expenses, including legal fees and witness expenses, in connection with the
arbitration proceeding.
(f) The arbitrator and the parties shall execute a written
agreement setting forth the terms of the arbitration and the
process to be followed. This agreement must also contain the
fee agreement provided in (d) of this subsection. A dispute as
to this agreement must be resolved by the director of arbitration.
(g) The rules of evidence and discovery applicable to
civil causes of action before the superior court as defined in
RCW 11.96A.290 apply, unless the parties have agreed otherwise or the arbitrator rules otherwise.
(6) Costs of arbitration. The arbitrator may order costs,
including reasonable attorneys’ fees and expert witness fees,
to be paid by any party to the proceedings as justice may
require.
[Title 11 RCW—page 114]
(7) Decision of arbitrator. The arbitrator shall issue a
final decision in writing within thirty days of the conclusion
of the final arbitration hearing. Promptly after the issuance of
the decision, the arbitrator shall serve each of the parties to
the proceedings with a copy of the written arbitration decision. Proof of service shall be filed with the court. Service
shall be made in conformity with CR 5(b) of the rules for
superior court.
(8) Arbitration decision may be filed with the court. The
arbitrator or any party to the arbitration may file the arbitrator’s decision with the clerk of the superior court at any time
after its issuance. Notice of such filing shall be promptly
given to each party to the arbitration proceedings.
(9) Appeal. (a) The final decision of the arbitrator may
be appealed by filing a notice of appeal with the superior
court requesting a trial de novo on all issues of law and fact.
The notice of appeal must be filed within thirty days after the
date on which the decision was served on the party filing the
notice of appeal. A trial de novo shall then be held, including
a right to jury, if demanded.
(b) If an appeal is not filed within the time provided in
(a) of this subsection, the arbitration decision is conclusive
and binding on all parties. If the arbitrator’s decision has been
filed with the clerk of the superior court, a judgment shall be
entered and may be presented to the court by any party on ten
days’ prior notice. The judgment when entered shall have the
same force and effect as judgments in civil actions.
(10) Costs on appeal of arbitration decision. The prevailing party in any such de novo superior court decision after an
arbitration result must be awarded costs, including expert
witness fees and attorneys’ fees, in connection with the judicial resolution of the matter. Such costs shall be charged
against the nonprevailing parties in such amount and in such
manner as the court determines to be equitable. The provisions of this subsection take precedence over the provisions
of RCW 11.96A.150 or any other similar provision. [2001 c
14 § 5; 1999 c 42 § 506.]
11.96A.320
11.96A.320 Petition for order compelling compliance. If a party does not comply with any procedure of RCW
11.96A.260 through 11.96A.310, the other party or parties
may petition the superior court for an order compelling compliance. A party obtaining an order compelling compliance is
entitled to reimbursement of costs and attorneys’ fees
incurred in connection with: The petition and any other
actions taken after the issuance of the order to compel compliance with the order, unless the court at the hearing on the
petition determines otherwise for good cause shown. Reimbursement must be from the party or parties whose failure to
comply was the basis for the petition. [1999 c 42 § 507.]
11.96A.900
11.96A.900 Short title. This chapter may be known
and cited as the trust and estate dispute resolution act or
"TEDRA." [1999 c 42 § 101.]
11.96A.901
11.96A.901 Captions not law—1999 c 42. Part headings and captions used in chapter 42, Laws of 1999 are not
any part of the law. [1999 c 42 § 701.]
(2010 Ed.)
Effect of Trust Instrument
11.96A.902 Effective date—1999 c 42. This act takes
effect January 1, 2000. [1999 c 42 § 703.]
11.96A.902
Chapter 11.97
Chapter 11.97 RCW
EFFECT OF TRUST INSTRUMENT
Sections
11.97.010
11.97.900
Power of trustor—Trust provisions control.
Application of chapter.
11.97.010 Power of trustor—Trust provisions control. The trustor of a trust may by the provisions of the trust
relieve the trustee from any or all of the duties, restrictions,
and liabilities which would otherwise be imposed by chapters
11.95, 11.98, 11.100, and 11.104A RCW and RCW
11.106.020, or may alter or deny any or all of the privileges
and powers conferred by those provisions; or may add duties,
restrictions, liabilities, privileges, or powers to those imposed
or granted by those provisions. If any specific provision of
those chapters is in conflict with the provisions of a trust, the
provisions of the trust control whether or not specific reference is made in the trust to any of those chapters, except as
provided in RCW 11.98.200 through 11.98.240 and
11.95.100 through 11.95.150. In no event may a trustee be
relieved of the duty to act in good faith and with honest judgment. [2003 c 254 § 4; 1993 c 339 § 1; 1985 c 30 § 38. Prior:
1984 c 149 § 64; 1959 c 124 § 2. Formerly RCW 30.99.020.]
11.97.010
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.97.900 Application of chapter. This chapter applies
to the provisions of chapters 11.95, 11.98, 11.100, and
11.104A RCW and to RCW 11.106.020. [2003 c 254 § 5;
1985 c 30 § 39. Prior: 1984 c 149 § 65.]
11.97.900
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
Chapter 11.98
Chapter 11.98 RCW
TRUSTS
Sections
11.98.009
11.98.016
11.98.019
11.98.029
11.98.039
11.98.041
11.98.045
11.98.051
11.98.055
11.98.060
11.98.065
11.98.070
11.98.080
11.98.090
11.98.100
11.98.110
11.98.130
11.98.140
11.98.150
(2010 Ed.)
Application of chapter.
Exercise of powers by co-trustees.
Relinquishment of powers by trustee.
Resignation of trustee.
Nonjudicial change of trustee—Judicial appointment or
change of trustee—Liability and duties of successor fiduciary.
Change of trustee—Discharge of outgoing trustee, when.
Criteria for transfer of trust assets or administration.
Nonjudicial transfer of trust assets or administration—
Notice—Consent required.
Judicial transfer of trust assets or administration.
Power of successor trustee.
Change in form of corporate trustee.
Power of trustee.
Consolidation of trusts.
Nonliability of third persons without knowledge of breach.
Nonliability for action or inaction based on lack of knowledge
of events.
Contract and tort liability.
Rule against perpetuities.
Distribution and vesting of assets.
Distribution of assets after one hundred fifty year period.
11.98.160
11.98.170
11.98.200
11.98.210
11.98.220
11.98.230
11.98.240
11.98.900
11.98.910
11.98.920
11.98.930
Chapter 11.98
Effective date of irrevocable inter vivos trust—Effective date
of revocable inter vivos or testamentary trust.
Designation of trustee as beneficiary of life insurance policy or
retirement plan—Determination of proper recipient of proceeds—Definitions—Beneficiary designations executed
before January 1, 1985, not invalidated.
Beneficiary trustee—Limitations on power.
Beneficiary trustee—Disregard of provision conferring absolute or similar power—Power of removal.
Beneficiary trustee—Inferences of law—Judicial review.
Beneficiary trustee—Income under marital deduction—Spousal power of appointment.
Beneficiary trustee—Applicability—Exceptions—Election of
exception—Cause of action.
Application of RCW 11.98.130 through 11.98.160.
Severability—1959 c 124.
Short title.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Assignment for the benefit of creditors: Chapter 7.08 RCW.
Assignments to trustees, priority of wages: RCW 49.56.010.
Banks and trust companies: Title 30 RCW.
Cemeteries
endowment and nonendowment care: Chapter 68.40 RCW.
endowment care fund: Chapter 68.44 RCW.
Certificate conferring trust powers on bank, fee: RCW 30.08.095.
Conveyances and encumbrances of realty when held in trust: RCW
64.04.010.
Corporate
powers of trust companies, bond liability, securities, etc.: RCW 30.08.150
through 30.08.170.
seals, effect of absence from instrument: RCW 64.04.105.
Corporations
articles to state if trust company: RCW 30.08.020.
sole, property held in trust: RCW 24.12.030.
Costs against trustees, civil actions: RCW 4.84.150.
Employee benefit plans, trusts, duration, etc.: Chapter 49.64 RCW.
Employees’ benefit deductions from wages are trust funds: RCW 49.52.010.
Execution against property in trustee’s hands: RCW 6.17.110.
Fiduciary bonds: RCW 48.28.020.
Gifts for benefit of trust: RCW 11.12.250.
Guardianship: Chapters 11.88, 11.92, 73.36 RCW.
Insurance
deposits held in trust: RCW 48.16.020, 48.16.070.
equipment trust certificates: RCW 48.13.100.
investment in trustees’ obligations: RCW 48.13.090.
trustee group life insurance: RCW 48.24.070.
Investment of trust funds: Chapter 11.100 RCW, RCW 30.24.080.
Investment of trust funds in certain federally secured obligations: RCW
39.60.010.
Loan agencies: Title 31 RCW.
Loans to officers of trust corporation from trust funds prohibited: RCW
30.12.120.
Mandamus: Chapter 7.16 RCW.
Married persons and domestic partners, property rights and liabilities:
Chapter 26.16 RCW.
Massachusetts trusts: Chapter 23.90 RCW.
Mortgages and trust receipts: Title 61 RCW.
Mutual savings banks: Title 32 RCW.
Partnerships: Title 25 RCW.
Personal property: Title 63 RCW.
Pleadings, setoff against beneficiary or trustee of trust estate: RCW
4.32.120, 4.32.140.
Powers of appointment, powers in trust: Chapter 11.95 RCW.
Private seals abolished: RCW 64.04.090.
Proceedings to impeach: RCW 42.04.040.
Prohibition: Chapter 7.16 RCW.
[Title 11 RCW—page 115]
11.98.009
Title 11 RCW: Probate and Trust Law
Property taxes
exemptions: Chapter 84.36 RCW.
generally: Title 84 RCW.
Prudent person rule: Chapter 11.100 RCW.
Recording, county auditor’s duties: Chapter 65.04 RCW.
Recording and publication: Title 65 RCW.
Registration of land titles
assurance fund not liable for breach by trustee: RCW 65.12.700.
encumbrances by trust deeds: RCW 65.12.420 through 65.12.450.
fee for transfer in trust: RCW 65.12.790.
transfers between trustees: RCW 65.12.490.
transfers in trust: RCW 65.12.480.
trustee may register land: RCW 65.12.500.
trustees and receivers: RCW 65.12.600.
Resulting state bank, provisions when not exercising trust powers: RCW
30.49.100.
Retail sales tax, "buyer" includes trust, business trust, etc.: RCW 82.08.010.
Savings and loan associations: Title 33 RCW.
Savings banks
limitation on deposits: RCW 32.12.010.
not to locate in same room with trust company: RCW 32.04.030.
State depositaries: Chapter 43.85 RCW.
Statute of frauds: Chapter 19.36 RCW.
Trust business to be kept separate: RCW 30.04.240.
Trust companies
capital requirements: RCW 30.08.010.
limitation to act as executor or administrator: RCW 11.36.010.
Trust company
as legal representative, advertising: RCW 30.04.260, 30.12.130.
defined: RCW 30.04.010.
Trust provisions may relieve trustee from duty, restriction, or liability
imposed by statute: RCW 11.97.010.
Trustees’ accounting act: Chapter 11.106 RCW.
Trusts and monopolies: State Constitution Art. 12 § 22.
Unclaimed property in hands of city police: Chapter 63.32 RCW.
Uniform
common trust fund act: Chapter 11.102 RCW.
transfers to minors act: Chapter 11.114 RCW.
unclaimed property act: Chapter 63.29 RCW.
Use tax, "purchaser" includes trust, business trust, etc.: RCW 82.12.010.
Wills, generally: Chapter 11.12 RCW.
Witnesses, competency in actions involving fiduciaries: RCW 5.60.030.
11.98.009 Application of chapter. Except as provided
in this section, this chapter applies to express trusts executed
by the trustor after June 10, 1959, and does not apply to
resulting trusts, constructive trusts, business trusts where certificates of beneficial interest are issued to the beneficiary,
investment trusts, voting trusts, trusts in the nature of mortgages or pledges, trusts created by the judgment or decree of
a court not sitting in probate, liquidation trusts, or trusts for
the sole purpose of paying dividends, interest, interest coupons, salaries, wages, pensions or profits, trusts created in
deposits in any financial institution pursuant to chapter 30.22
RCW, unless any such trust which is created in writing incorporates this chapter in whole or in part. [1985 c 30 § 40.
Prior: 1984 c 149 § 67; 1983 c 3 § 49; 1959 c 124 § 1. Formerly RCW 30.99.010.]
11.98.009
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
[Title 11 RCW—page 116]
11.98.016 Exercise of powers by co-trustees. (1) Any
power vested in three or more trustees jointly may be exercised by a majority of such trustees; but no trustee who has
not joined in exercising a power is liable to the beneficiaries
or to others for the consequences of such exercise; nor is a
dissenting trustee liable for the consequences of an act in
which that trustee joins at the direction of the majority of the
trustees, if that trustee expressed his or her dissent in writing
to each of the co-trustees at or before the time of such joinder.
(2) Where two or more trustees are appointed to execute
a trust and one or more of them for any reason does not accept
the appointment or having accepted ceases to be a trustee, the
survivor or survivors shall execute the trust and shall succeed
to all the powers, duties and discretionary authority given to
the trustees jointly.
(3) An individual trustee, with a co-trustee’s consent,
may, by a signed, written instrument, delegate any power,
duty, or authority as trustee to that co-trustee. This delegation
is effective upon delivery of the instrument to that co-trustee
and may be revoked at any time by delivery of a similar
signed, written instrument to that co-trustee. However, if a
power, duty, or authority is expressly conferred upon only
one trustee, it shall not be delegated to a co-trustee. If that
power, duty, or authority is expressly excluded from exercise
by a trustee, it shall not be delegated to the excluded trustee.
(4) If one trustee gives written notice to all other cotrustees of an action that the trustee proposes be taken, then
the failure of any co-trustee to deliver a written objection to
the proposal to the trustee, at the trustee’s then address of
record and within fifteen days from the date the co-trustee
actually receives the notice, constitutes formal approval by
the co-trustee, unless the co-trustee had previously given
written notice that was unrevoked at the time of the trustee’s
notice, to that trustee that this fifteen-day notice provision is
inoperative.
(5) As to any effective delegation made under subsection
(3) of this section, a co-trustee has no liability for failure to
participate in the administration of the trust.
Nothing in this section, however, otherwise excuses a
co-trustee from liability for failure to participate in the
administration of the trust and nothing in this section, including subsection (3) of this section, excuses a co-trustee from
liability for the failure to attempt to prevent a breach of trust.
[1985 c 30 § 41. Prior: 1984 c 149 § 68; 1959 c 124 § 3. Formerly RCW 30.99.030.]
11.98.016
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.98.019 Relinquishment of powers by trustee. Any
trustee may, by written instrument delivered to any then acting co-trustee and to the current adult income beneficiaries of
the trust, relinquish to any extent and upon any terms any or
all of the trustee’s powers, rights, authorities, or discretions
that are or may be tax sensitive in that they cause or may
cause adverse tax consequences to the trustee or the trust.
Any trustee not relinquishing such a power, right, authority,
or discretion and upon whom it is conferred continues to have
full power to exercise it. [1985 c 30 § 42. Prior: 1984 c 149
§ 69.]
11.98.019
(2010 Ed.)
Trusts
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.98.029 Resignation of trustee. Any trustee may
resign, without judicial proceedings, by a writing signed by
the trustee and filed with the trust records, to be effective
upon the trustee’s discharge as provided in RCW 11.98.041.
[1989 c 10 § 3. Prior: 1985 c 30 § 43; prior: 1959 c 124 § 4.
Formerly RCW 30.99.040.]
11.98.029
Intent—1989 c 10 § 3: "It is the intent of the legislature that RCW
11.98.029 be restored to full force and effect." [1989 c 10 § 2.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.98.039 Nonjudicial change of trustee—Judicial
appointment or change of trustee—Liability and duties of
successor fiduciary. (1) Where a vacancy occurs in the
office of the trustee and there is a successor trustee who is
willing to serve as trustee and (a) is named in the governing
instrument as successor trustee or (b) has been selected to
serve as successor trustee under the procedure established in
the governing instrument for the selection of a successor
trustee, the outgoing trustee, or any other interested party,
shall give notice of such vacancy, whether arising because of
the trustee’s resignation or because of any other reason, and
of the successor trustee’s agreement to serve as trustee, to
each adult distributee or permissible distributee of trust
income or of trust principal or of both trust income and trust
principal. If there are no such adults, no notice need be given.
The successor trustee named in the governing instrument or
selected pursuant to the procedure therefor established in the
governing instrument shall be entitled to act as trustee except
for good cause or disqualification. The successor trustee
shall serve as of the effective date of the discharge of the predecessor trustee as provided in RCW 11.98.041.
(2) Where a vacancy exists or occurs in the office of the
trustee and there is no successor trustee who is named in the
governing instrument or who has been selected to serve as
successor trustee under the procedure established in the governing instrument for the selection of a successor trustee, and
who is willing to serve as trustee, then all parties with an
interest in the trust may agree to a nonjudicial change of the
trustee under RCW 11.96A.220. The successor trustee shall
serve as of the effective date of the discharge of the predecessor trustee as provided in RCW 11.98.041 or, in circumstances where there is no predecessor trustee, as of the effective date of the trustee’s appointment.
(3) When there is a desire to name one or more co-trustees to serve with the existing trustee, then all parties with an
interest in the trust may agree to the nonjudicial addition of
one or more co-trustees under RCW 11.96A.220. The additional co-trustee shall serve as of the effective date of the cotrustee’s appointment.
(4) Unless subsection (1), (2), or (3) of this section
applies, any beneficiary of a trust, the trustor, if alive, or the
trustee may petition the superior court having jurisdiction for
the appointment or change of a trustee or co-trustee under the
pro cedur es pro vided in RCW 11 .96 A.080 thro ugh
11.96A.200: (a) Whenever the office of trustee becomes
11.98.039
(2010 Ed.)
11.98.045
vacant; (b) upon filing of a petition of resignation by a
trustee; or (c) for any other reasonable cause.
(5) For purposes of this subsection, the term fiduciary
includes both trustee and personal representative.
(a) Except as otherwise provided in the governing instrument, a successor fiduciary, absent actual knowledge of a
breach of fiduciary duty: (i) Is not liable for any act or omission of a predecessor fiduciary and is not obligated to inquire
into the validity or propriety of any such act or omission; (ii)
is authorized to accept as conclusively accurate any accounting or statement of assets tendered to the successor fiduciary
by a predecessor fiduciary; and (iii) is authorized to receipt
only for assets actually delivered and has no duty to make
further inquiry as to undisclosed assets of the trust or estate.
(b) Nothing in this section relieves a successor fiduciary
from liability for retaining improper investments, nor does
this section in any way bar the successor fiduciary, trust beneficiaries, or other party in interest from bringing an action
against a predecessor fiduciary arising out of the acts or omissions of the predecessor fiduciary, nor does it relieve the successor fiduciary of liability for its own acts or omissions
except as specifically stated or authorized in this section.
[2005 c 97 § 13; 1999 c 42 § 618; 1985 c 30 § 44. Prior: 1984
c 149 § 72; 1959 c 124 § 5. Formerly RCW 30.99.050.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.98.041 Change of trustee—Discharge of outgoing
trustee, when. Where a vacancy occurs in the office of
trustee under the circumstances described in RCW 11.98.039
(1) or (2), the outgoing trustee shall be discharged upon the
agreement of all parties entitled to notice or upon the expiration of thirty days after notice is given of such vacancy as
required by the applicable subsection of RCW 11.98.039,
whichever occurs first, or if no notice is required under RCW
11.98.039(1), upon the date the vacancy occurs, unless before
the effective date of such discharge a petition is filed under
*RCW 11.98.039(3) regarding the appointment or change of
a trustee of the trust. Where a petition is filed under *RCW
11.98.039(3) regarding the appointment or change of a
trustee, the superior court having jurisdiction may discharge
the trustee from the trust and may appoint a successor trustee
upon such terms as the court may require. [1985 c 30 § 141.]
11.98.041
*Reviser’s note: RCW 11.98.039 was amended by 2005 c 97 § 13,
changing subsection (3) to subsection (4).
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.98.045 Criteria for transfer of trust assets or
administration. (1) A trustee may transfer trust assets to a
trustee in another jurisdiction or may transfer the place of
administration of a trust to another jurisdiction if the trust
instrument so provides or in accordance with RCW
11.98.051 or 11.98.055.
(2) Transfer under this section is permitted only if:
(a) The transfer would facilitate the economic and convenient administration of the trust;
(b) The transfer would not materially impair the interests
of the beneficiaries or others interested in the trust;
11.98.045
[Title 11 RCW—page 117]
11.98.051
Title 11 RCW: Probate and Trust Law
(c) The transfer does not violate the terms of the trust;
and
(d) The new trustee is qualified and able to administer
the trust or such assets on the terms set forth in the trust.
(3) Acceptance of such transfer by a foreign corporate
trustee or trust company under this section, RCW 11.98.051,
or 11.98.055 shall not be construed to be doing a "trust business" as described in RCW 30.08.150(9). [1985 c 30 § 45.
Prior: 1984 c 149 § 74.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
(2) At the conclusion of the hearing, if the court finds the
requirements of RCW 11.98.045(2) have been satisfied, it
may direct the transfer of trust assets or the place of trust
administration on such terms and conditions as it deems
appropriate. The court in its discretion may provide for payment from the trust of reasonable fees and expenses for any
party to the proceeding. Delivery of trust assets in accordance
with the court’s order is a full discharge of the trustee’s duties
in relation to all transferred property. [1999 c 42 § 620; 1985
c 30 § 47. Prior: 1984 c 149 § 76.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.98.051 Nonjudicial transfer of trust assets or
administration—Notice—Consent required. (1) The
trustee may transfer trust assets or the place of administration
in accordance with RCW 11.96A.220. In addition, the trustee
shall give written notice to those persons entitled to notice as
provided for under RCW 11.96A.110 and to the attorney general in the case of a charitable trust subject to chapter 11.110
RCW. The notice shall:
(a) State the name and mailing address of the trustee;
(b) Include a copy of the governing instrument of the
trust;
(c) Include a statement of assets and liabilities of the
trust dated within ninety days of the notice;
(d) State the name and mailing address of the trustee to
whom the assets or administration will be transferred
together with evidence that the trustee has agreed to accept
the assets or trust administration in the manner provided by
law of the new place of administration. The notice shall also
contain a statement of the trustee’s qualifications and the
name of the court, if any, having jurisdiction of that trustee or
in which a proceeding with respect to the administration of
the trust may be heard;
(e) State the facts supporting the requirements of RCW
11.98.045(2);
(f) Advise the beneficiaries of the right to petition for
judicial determination of the proposed transfer as provided in
RCW 11.98.055; and
(g) Include a form on which the recipient may indicate
consent or objection to the proposed transfer.
(2) If the trustee receives written consent to the proposed
transfer from all persons entitled to notice, the trustee may
transfer the trust assets or place of administration as provided
in the notice. Transfer in accordance with the notice is a full
discharge of the trustee’s duties in relation to all property
referred to therein. Any person dealing with the trustee is
entitled to rely on the authority of the trustee to act and is not
obliged to inquire into the validity or propriety of the transfer.
[1999 c 42 § 619; 1985 c 30 § 46. Prior: 1984 c 149 § 75.]
11.98.051
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.98.055 Judicial transfer of trust assets or administration. (1) Any trustee, beneficiary, or beneficiary representative may petition the superior court of the county of the
situs of the trust for a transfer of trust assets or transfer of the
place of administration in accordance with RCW 11.96A.080
through 11.96A.200.
11.98.055
[Title 11 RCW—page 118]
11.98.060 Power of successor trustee. A successor
trustee of a trust shall succeed to all the powers, duties and
discretionary authority of the original trustee. [1985 c 30 §
48. Prior: 1959 c 124 § 6. Formerly RCW 30.99.060.]
11.98.060
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.98.065 Change in form of corporate trustee. Any
appointment of a specific bank, trust company, or corporation
as trustee is conclusively presumed to authorize the appointment or continued service of that entity’s successor in interest
in the event of a merger, acquisition, or reorganization, and
no court proceeding is necessary to affirm the appointment or
continuance of service. [1985 c 30 § 49. Prior: 1984 c 149 §
78.]
11.98.065
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.98.070 Power of trustee. A trustee, or the trustees
jointly, of a trust, in addition to the authority otherwise given
by law, have discretionary power to acquire, invest, reinvest,
exchange, sell, convey, control, divide, partition, and manage
the trust property in accordance with the standards provided
by law, and in so doing may:
(1) Receive property from any source as additions to the
trust or any fund of the trust to be held and administered
under the provisions of the trust;
(2) Sell on credit;
(3) Grant, purchase or exercise options;
(4) Sell or exercise subscriptions to stock or other corporate securities and to exercise conversion rights;
(5) Deposit stock or other corporate securities with any
protective or other similar committee;
(6) Assent to corporate sales, leases, and encumbrances;
(7) Vote trust securities in person or by proxy with
power of substitution; and enter into voting trusts;
(8) Register and hold any stocks, securities, or other
property in the name of a nominee or nominees without mention of the trust relationship, provided the trustee or trustees
are liable for any loss occasioned by the acts of any nominee,
except that this subsection shall not apply to situations covered by subsection (31) of this section;
(9) Grant leases of trust property, with or without options
to purchase or renew, to begin within a reasonable period and
for terms within or extending beyond the duration of the trust,
for any purpose including exploration for and removal of oil,
11.98.070
(2010 Ed.)
Trusts
gas and other minerals; enter into community oil leases, pooling and unitization agreements;
(10) Subdivide, develop, dedicate to public use, make or
obtain the vacation of public plats, adjust boundaries, partition real property, and on exchange or partition to adjust differences in valuation by giving or receiving money or
money’s worth;
(11) Compromise or submit claims to arbitration;
(12) Borrow money, secured or unsecured, from any
source, including a corporate trustee’s banking department,
or from the individual trustee’s own funds;
(13) Make loans, either secured or unsecured, at such
interest as the trustee may determine to any person, including
any beneficiary of a trust, except that no trustee who is a beneficiary of a trust may participate in decisions regarding loans
to such beneficiary from the trust, unless the loan is as
described in *RCW 83.110.020(2), and then only to the
extent of the loan, and also except that if a beneficiary or the
grantor of a trust has the power to change a trustee of the
trust, the power to loan shall be limited to loans at a reasonable rate of interest and for adequate security;
(14) Determine the hazards to be insured against and
maintain insurance for them;
(15) Select any part of the trust estate in satisfaction of
any partition or distribution, in kind, in money or both; make
nonpro rata distributions of property in kind; allocate particular assets or portions of them or undivided interests in them
to any one or more of the beneficiaries without regard to the
income tax basis of specific property allocated to any beneficiary and without any obligation to make an equitable adjustment;
(16) Pay any income or principal distributable to or for
the use of any beneficiary, whether that beneficiary is under
legal disability, to the beneficiary or for the beneficiary’s use
to the beneficiary’s parent, guardian, custodian under the uniform gifts to minors act of any state, person with whom he or
she resides, or third person;
(17) Change the character of or abandon a trust asset or
any interest in it;
(18) Mortgage, pledge the assets or the credit of the trust
estate, or otherwise encumber trust property, including future
income, whether an initial encumbrance or a renewal or
extension of it, for a term within or extending beyond the
term of the trust, in connection with the exercise of any power
vested in the trustee;
(19) Make ordinary or extraordinary repairs or alterations in buildings or other trust property, demolish any
improvements, raze existing structures, and make any
improvements to trust property;
(20) Create restrictions, easements, including easements
to public use without consideration, and other servitudes;
(21) Manage any business interest, including any farm or
ranch interest, regardless of form, received by the trustee
from the trustor of the trust, as a result of the death of a person, or by gratuitous transfer from any other transferor, and
with respect to the business interest, have the following powers:
(a) To hold, retain, and continue to operate that business
interest solely at the risk of the trust, without need to diversify
and without liability on the part of the trustee for any resulting losses;
(2010 Ed.)
11.98.070
(b) To enlarge or diminish the scope or nature or the
activities of any business;
(c) To authorize the participation and contribution by the
business to any employee benefit plan, whether or not qualified as being tax deductible, as may be desirable from time to
time;
(d) To use the general assets of the trust for the purpose
of the business and to invest additional capital in or make
loans to such business;
(e) To endorse or guarantee on behalf of the trust any
loan made to the business and to secure the loan by the trust’s
interest in the business or any other property of the trust;
(f) To leave to the discretion of the trustee the manner
and degree of the trustee’s active participation in the management of the business, and the trustee is authorized to delegate
all or any part of the trustee’s power to supervise, manage, or
operate to such persons as the trustee may select, including
any partner, associate, director, officer, or employee of the
business; and also including electing or employing directors,
officers, or employees of the trustee to take part in the management of the business as directors or officers or otherwise,
and to pay that person reasonable compensation for services
without regard to the fees payable to the trustee;
(g) To engage, compensate, and discharge or to vote for
the engaging, compensating, and discharging of managers,
employees, agents, lawyers, accountants, consultants, or
other representatives, including anyone who may be a beneficiary of the trust or any trustee;
(h) To cause or agree that surplus be accumulated or that
dividends be paid;
(i) To accept as correct financial or other statements rendered by any accountant for any sole proprietorship or by any
partnership or corporation as to matters pertaining to the
business except upon actual notice to the contrary;
(j) To treat the business as an entity separate from the
trust, and in any accounting by the trustee it is sufficient if the
trustee reports the earning and condition of the business in a
manner conforming to standard business accounting practice;
(k) To exercise with respect to the retention, continuance, or disposition of any such business all the rights and
powers that the trustor of the trust would have if alive at the
time of the exercise, including all powers as are conferred on
the trustee by law or as are necessary to enable the trustee to
administer the trust in accordance with the instrument governing the trust, subject to any limitations provided for in the
instrument; and
(l) To satisfy contractual and tort liabilities arising out of
an unincorporated business, including any partnership, first
out of the business and second out of the estate or trust, but in
no event may there be a liability of the trustee, except as provided in RCW 11.98.110 (2) and (4), and if the trustee is liable, the trustee is entitled to indemnification from the business and the trust, respectively;
(22) Participate in the establishment of, and thereafter in
the operation of, any business or other enterprise according to
subsection (21) of this section except that the trustee shall not
be relieved of the duty to diversify;
(23) Cause or participate in, directly or indirectly, the
formation, reorganization, merger, consolidation, dissolution, or other change in the form of any corporate or other
[Title 11 RCW—page 119]
11.98.080
Title 11 RCW: Probate and Trust Law
business undertaking where trust property may be affected
and retain any property received pursuant to the change;
(24) Limit participation in the management of any partnership and act as a limited or general partner;
(25) Charge profits and losses of any business operation,
including farm or ranch operation, to the trust estate as a
whole and not to the trustee; make available to or invest in
any business or farm operation additional moneys from the
trust estate or other sources;
(26) Pay reasonable compensation to the trustee or cotrustees considering all circumstances including the time,
effort, skill, and responsibility involved in the performance of
services by the trustee;
(27) Employ persons, including lawyers, accountants,
investment advisors, or agents, even if they are associated
with the trustee, to advise or assist the trustee in the performance of the trustee’s duties or to perform any act, regardless
of whether the act is discretionary, and to act without independent investigation upon their recommendations, except
that:
(a) A trustee may not delegate all of the trustee’s duties
and responsibilities;
(b) This power to employ and to delegate duties does not
relieve the trustee of liability for such person’s discretionary
acts, that, if done by the trustee, would result in liability to the
trustee;
(c) This power to employ and to delegate duties does not
relieve the trustee of the duty to select and retain a person
with reasonable care;
(d) The trustee, or a successor trustee, may sue the person to collect any damages suffered by the trust estate even
though the trustee might not be personally liable for those
damages, subject to the statutes of limitation that would have
applied had the claim been one against the trustee who was
serving when the act or failure to act occurred;
(28) Appoint an ancillary trustee or agent to facilitate
management of assets located in another state or foreign
country;
(29) Retain and store such items of tangible personal
property as the trustee selects and pay reasonable storage
charges thereon from the trust estate;
(30) Issue proxies to any adult beneficiary of a trust for
the purpose of voting stock of a corporation acting as the
trustee of the trust;
(31) Place all or any part of the securities at any time
held by the trustee in the care and custody of any bank, trust
company, or member firm of the New York Stock Exchange
with no obligation while the securities are so deposited to
inspect or verify the same and with no responsibility for any
loss or misapplication by the bank, trust company, or firm, so
long as the bank, trust company, or firm was selected and
retained with reasonable care, and have all stocks and registered securities placed in the name of the bank, trust company, or firm, or in the name of its nominee, and to appoint
such bank, trust company, or firm agent as attorney to collect,
receive, receipt for, and disburse any income, and generally
may perform, but is under no requirement to perform, the
duties and services incident to a so-called "custodian"
account;
(32) Determine at any time that the corpus of any trust is
insufficient to implement the intent of the trust, and upon this
[Title 11 RCW—page 120]
determination by the trustee, terminate the trust by distribution of the trust to the current income beneficiary or beneficiaries of the trust or their legal representatives, except that
this determination may only be made by the trustee if the
trustee is neither the grantor nor the beneficiary of the trust,
and if the trust has no charitable beneficiary;
(33) Continue to be a party to any existing voting trust
agreement or enter into any new voting trust agreement or
renew an existing voting trust agreement with respect to any
assets contained in trust; and
(34)(a) Donate a qualified conservation easement, as
defined by section 2031(c) of the internal revenue code, on
any real property, or consent to the donation of a qualified
conservation easement on any real property by a personal
representative of an estate of which the trustee is a devisee, to
obtain the benefit of the estate tax exclusion allowed under
section 2031(c) of the internal revenue code or the deduction
allowed under section 2055(f) of the internal revenue code as
long as:
(i)(A) The governing instrument authorizes the donation
of a qualified conservation easement on the real property; or
(B) Each beneficiary that may be affected by the qualified conservation easement consents to the donation under
the provisions of chapter 11.96A RCW; and
(ii) The donation of a qualified conservation easement
will not result in the insolvency of the decedent’s estate.
(b) The authority granted under this subsection includes
the authority to amend a previously donated qualified conservation easement, as defined under section 2031(c)(8)(B) of
the internal revenue code, and to amend a previously donated
unqualified conservation easement for the purpose of making
the easement a qualified conservation easement under section
2031(c)(8)(B). [2010 c 8 § 2091; 2002 c 66 § 1; 1997 c 252
§ 75; 1989 c 40 § 7; 1985 c 30 § 50. Prior: 1984 c 149 § 80;
1959 c 124 § 7. Formerly RCW 30.99.070.]
*Reviser’s note: RCW 83.110.020 was repealed by 2005 c 332 § 15,
effective January 1, 2006.
Short title—Application—Purpose—Severability—1985 c 30:See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.98.080 Consolidation of trusts. (1) Two or more
trusts may be consolidated if:
(a) The trusts so provide; or
(b) Whether provided in the trusts or not, in accordance
with subsection (2) of this section, if all interested persons
consent as provided in subsection (2)(b) of this section and
the requirements of subsection (1)(d) of this section are satisfied; or
(c) Whether provided in the trusts or not, in accordance
with subsection (3) of this section if the requirements of subsection (1)(d) of this section are satisfied;
(d) Consolidation under subsection (2) or (3) of this section is permitted only if:
(i) The dispositive provisions of each trust to be consolidated are substantially similar;
(ii) Consolidation is not inconsistent with the intent of
the trustor with regard to any trust to be consolidated; and
(iii) Consolidation would facilitate administration of the
trusts and would not materially impair the interests of the
beneficiaries;
11.98.080
(2010 Ed.)
Trusts
(e) Trusts may be consolidated whether created inter
vivos or by will, by the same or different instruments, by the
same or different trustors, whether the trustees are the same,
and regardless of where the trusts were created or administered.
(2) The trustees of two or more trusts may consolidate
the trusts on such terms and conditions as appropriate without
court approval as provided in RCW 11.96A.220.
(a) The trustee shall give written notice of proposed consolidation by personal service or by certified mail to the beneficiaries of every trust affected by the consolidation as provided in RCW 11.96A.110 and to any trustee of such trusts
who does not join in the notice. The notice shall: (i) State the
name and mailing address of the trustee; (ii) include a copy of
the governing instrument of each trust to be consolidated;
(iii) include a statement of assets and liabilities of each trust
to be consolidated, dated within ninety days of the notice; (iv)
fully describe the terms and manner of consolidation; and (v)
state the reasons supporting the requirements of subsection
(1)(d) of this section. The notice shall advise the recipient of
the right to petition for a judicial determination of the proposed consolidation as provided in subsection (3) of this section. The notice shall include a form on which consent or
objection to the proposed consolidation may be indicated.
(b) If the trustee receives written consent to the proposed
consolidation from all persons entitled to notice as provided
in RCW 11.96A.110 or from their representatives, the trustee
may consolidate the trusts as provided in the notice. Any person dealing with the trustee of the resulting consolidated trust
is entitled to rely on the authority of that trustee to act and is
not obliged to inquire into the validity or propriety of the consolidation under this section.
(3)(a) Any trustee, beneficiary, or special representative
may petition the superior court of the county in which the
principal place of administration of a trust is located for an
order consolidating two or more trusts under RCW
11.96A.080 through 11.96A.200. If nonjudicial consolidation has been commenced pursuant to subsection (2) of this
section, a petition may be filed under this section unless the
trustee has received all necessary consents. The principal
place of administration of the trust is the trustee’s usual place
of business where the records pertaining to the trust are kept,
or the trustee’s residence if the trustee has no such place of
business.
(b) At the conclusion of the hearing, if the court finds
that the requirements of subsection (1)(d) of this section have
been satisfied, it may direct consolidation of two or more
trusts on such terms and conditions as appropriate. The court
in its discretion may provide for payment from one or more
of the trusts of reasonable fees and expenses for any party to
the proceeding.
(4) This section applies to all trusts whenever created.
(5) For powers of fiduciaries to divide trusts, see RCW
11.108.025. [1999 c 42 § 621; 1991 c 6 § 2; 1985 c 30 § 51.
Prior: 1984 c 149 § 81.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.98.090 Nonliability of third persons without
knowledge of breach. In the absence of knowledge of a
11.98.090
(2010 Ed.)
11.98.110
breach of trust, no party dealing with a trustee is required to
see to the application of any moneys or other properties delivered to the trustee. [1985 c 30 § 52. Prior: 1984 c 149 § 83;
1959 c 124 § 8. Formerly RCW 30.99.080.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.98.100 Nonliability for action or inaction based on
lack of knowledge of events. When the happening of any
event, including but not limited to such events as marriage,
divorce, performance of educational requirements, or death,
affects the administration or distribution of the trust, then a
trustee who has exercised reasonable care to ascertain the
happening of the event is not liable for any action or inaction
based on lack of knowledge of the event. A corporate trustee
is not liable prior to receiving such knowledge or notice in its
trust department office where the trust is being administered.
[1985 c 30 § 53. Prior: 1984 c 149 § 84; 1959 c 124 § 9. Formerly RCW 30.99.090.]
11.98.100
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.98.110 Contract and tort liability. As used in this
section, a trust includes a probate estate, and a trustee
includes a personal representative. The words "trustee" and
"as trustee" mean "personal representative" and "as personal
representative" where this section is being construed in
regard to personal representatives.
Actions on contracts which have been transferred to a
trust and on contracts made by a trustee, and actions in tort
for personal liability incurred by a trustee in the course of
administration may be maintained by the party in whose
favor the cause of action has accrued as follows:
(1) The plaintiff may sue the trustee in the trustee’s representative capacity and any judgment rendered in favor of
the plaintiff is collectible by execution out of the trust property: PROVIDED, HOWEVER, If the action is in tort, collection shall not be had from the trust property unless the
court determines in the action that (a) the tort was a common
incident of the kind of business activity in which the trustee
or the trustee’s predecessor was properly engaged for the
trust; or (b) that, although the tort was not a common incident
of such activity, neither the trustee nor the trustee’s predecessor, nor any officer or employee of the trustee or the trustee’s
predecessor, was guilty of personal fault in incurring the liability; or (c) that, although the tort did not fall within classes
(a) or (b) above, it increased the value of the trust property. If
the tort is within classes (a) or (b) above, collection may be
had of the full amount of damage proved, and if the tort is
within class (c) above, collection may be had only to the
extent of the increase in the value of the trust property.
(2) If the action is on a contract made by the trustee, the
trustee may be held personally liable on the contract, if personal liability is not excluded. Either the addition by the
trustee of the words "trustee" or "as trustee" after the signature of a trustee to a contract or the transaction of business as
trustee under an assumed name in compliance with chapter
19.80 RCW excludes the trustee from personal liability. If the
action is on a contract transferred to the trust or trustee, sub11.98.110
[Title 11 RCW—page 121]
11.98.130
Title 11 RCW: Probate and Trust Law
ject to any rights therein vested at time of the transfer, the
trustee is personally liable only if he or she has in writing
assumed that liability.
(3) In any such action against the trustee in the trustee’s
representative capacity the plaintiff need not prove that the
trustee could have secured reimbursement from the trust fund
if the trustee had paid the plaintiff’s claim.
(4) The trustee may also be held personally liable for any
tort committed by him or her, or by his or her agents or
employees in the course of their employments only if, and to
the extent that, damages for the tort are not collectible from
trust property as provided in and pursuant to subsection (1) of
this section.
(5) The procedure for all actions provided in this section
is as provided in RCW 11.96A.080 through 11.96A.200.
(6) Nothing in this section shall be construed to change
the existing law with regard to the liability of the trustee of a
charitable trust for the torts of the trustee. [1999 c 42 § 622;
1988 c 29 § 8; 1985 c 30 § 54. Prior: 1984 c 149 § 85; 1983
c 3 § 50; 1959 c 124 § 10. Formerly RCW 30.99.100.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.98.130 Rule against perpetuities. No provision of
an instrument creating a trust, including the provisions of any
further trust created, and no other disposition of property
made pursuant to exercise of a power of appointment granted
in or created through authority under such instrument is
invalid under the rule against perpetuities, or any similar statute or common law, during the one hundred fifty years following the effective date of the instrument.
Thereafter, unless the trust assets have previously
become distributable or vested, the provision or other disposition of property is deemed to have been rendered invalid
under the rule against perpetuities. [2001 c 60 § 1; 1985 c 30
§ 55. Prior: 1984 c 149 § 87; 1965 c 145 § 11.98.010; prior:
1959 c 146 § 1. Formerly RCW 11.98.010.]
c 30 § 56. Prior: 1984 c 149 § 88; 1965 c 145 § 11.98.020;
prior: 1959 c 146 § 2. Formerly RCW 11.98.020.]
Application—2001 c 60: See note following RCW 11.98.130.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.98.150 Distribution of assets after one hundred
fifty year period. If, at the end of the one hundred fifty years
following the effective date of an instrument creating a trust,
any of the trust assets have not by the terms of the trust instrument become distributable or vested, then the assets shall be
distributed as the superior court having jurisdiction directs,
giving effect to the general intent of the creator of the trust or
person exercising a power of appointment in the case of any
further trust or other disposition of property made pursuant to
the exercise of a power of appointment. [2001 c 60 § 3; 1985
c 30 § 57. Prior: 1984 c 149 § 89; 1965 c 145 § 11.98.030;
prior: 1959 c 146 § 3. Formerly RCW 11.98.030.]
11.98.150
Application—2001 c 60: See note following RCW 11.98.130.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.98.130
Application—2001 c 60: "This act applies to any irrevocable trust with
an effective date on or after January 1, 2002. Unless the trust instrument otherwise provides, this act does not apply to: (1) Any irrevocable trust with an
effective date prior to January 1, 2002; or (2) a revocable inter vivos trust or
testamentary trust with an effective date on or after January 1, 2002, if at all
times after the date of enactment the creator of the revocable inter vivos trust
or testamentary trust was not competent to revoke, amend, or modify the
instrument." [2001 c 60 § 4.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.98.140 Distribution and vesting of assets. If, during the one hundred fifty years following the effective date of
an instrument creating a trust, any of the trust assets should
by the terms of the instrument or pursuant to any further trust
or other disposition resulting from exercise of the power of
appointment granted in or created through authority under
such instrument, become distributable or any beneficial interest in any of the trust assets should by the terms of the instrument, or such further trust or other disposition become
vested, such assets shall be distributed and such beneficial
interest shall validly vest in accordance with the instrument,
or such further trust or other disposition. [2001 c 60 § 2; 1985
11.98.140
[Title 11 RCW—page 122]
11.98.160 Effective date of irrevocable inter vivos
trust—Effective date of revocable inter vivos or testamentary trust. For the purposes of RCW 11.98.130 through
11.98.150 the effective date of an instrument purporting to
create an irrevocable inter vivos trust is the date on which it
is executed by the trustor, and the effective date of an instrument purporting to create either a revocable inter vivos trust
or a testamentary trust is the date of the trustor’s or testator’s
death. [1989 c 14 § 2; 1985 c 30 § 58. Prior: 1984 c 149 §
90; 1965 c 145 § 11.98.040; prior: 1959 c 146 § 4. Formerly
RCW 11.98.040.]
11.98.160
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.98.170 Designation of trustee as beneficiary of life
insurance policy or retirement plan—Determination of
proper recipient of proceeds—Definitions—Beneficiary
designations executed before January 1, 1985, not invalidated. (1) Any life insurance policy or retirement plan payment provision may designate as beneficiary:
(a) A trustee named or to be named by will, and immediately after the proving of the will, the proceeds of such insurance or of such plan designated as payable to that trustee, in
part or in whole, shall be paid to the trustee in accordance
with the beneficiary designation, to be held and disposed of
under the terms of the will governing the testamentary trust;
or
(b) A trustee named or to be named under a trust agreement executed by the insured, the plan participant, or any
other person, and the proceeds of such insurance or retirement plan designated as payable to such trustee, in part or in
whole, shall be paid to the trustee in accordance with the beneficiary designation, to be held and disposed of by the trustee
as provided in such trust agreement; a trust is valid even if the
only corpus consists of the right of the trustee to receive as
11.98.170
(2010 Ed.)
Trusts
beneficiary insurance or retirement plan proceeds; any such
trustee may also receive assets, other than insurance or retirement plan proceeds, by testamentary disposition or otherwise
and, unless directed otherwise by the transferor of the assets,
shall administer all property of the trust according to the
terms of the trust agreement.
(2) If no qualified trustee makes claim to the insurance
policy or retirement plan proceeds from the insurance company or the plan administrator within twelve months after the
death of the insured or plan participant, determination of the
proper recipient of the proceeds shall be made pursuant to the
judicial or nonjudicial dispute resolution procedures of chapter 11.96A RCW, unless prior to the institution of the judicial
procedures, a qualified trustee makes claim to the proceeds,
except that (a) if satisfactory evidence is furnished the insurance company or plan administrator within the twelve-month
period showing that no trustee can or will qualify to receive
such proceeds, payment shall be made to those otherwise
entitled to the proceeds under the terms of the policy or retirement plan, including the terms of the beneficiary designation
except that (b) if there is any dispute as to the proper recipient
of insurance policy or retirement plan proceeds, the dispute
shall be resolved pursuant to the judicial or nonjudicial resolution procedures in chapter 11.96A RCW.
(3) The proceeds of the insurance or retirement plan as
collected by the trustee are not subject to debts of the insured
or the plan participant to any greater extent than if the proceeds were payable to any named beneficiary other than the
personal representative or the estate of the insured or of the
plan participant.
(4) For purposes of this section the following definitions
apply:
(a) "Plan administrator" means the person upon whom
claim must be made in order for retirement plan proceeds to
be paid upon the death of the plan participant.
(b) "Retirement plan" means any plan, account, deposit,
annuity, or benefit, other than a life insurance policy, that
provides for payment to a beneficiary designated by the plan
participant for whom the plan is established. The term
includes, without limitation, such plans regardless of source
of funding, and, for example, includes pensions, annuities,
stock bonus plans, employee stock ownership plans, profit
sharing plans, self-employed retirement plans, individual
retirement accounts, individual retirement annuities, and
retirement bonds, as well as any other retirement plan or program.
(c) "Trustee" includes any custodian under chapter
11.114 RCW or any similar statutory provisions of any other
state and the terms "trust agreement" and "will" refer to the
provisions of chapter 11.114 RCW or such similar statutory
provisions of any other state.
(5) Enactment of this section does not invalidate life
insurance policy or retirement plan beneficiary designations
executed prior to January 1, 1985, naming a trustee established by will or by trust agreement. [1999 c 42 § 623; 1991
c 193 § 29; 1985 c 30 § 59. Prior: 1984 c 149 § 91.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
11.98.210
11.98.200
11.98.200 Beneficiary trustee—Limitations on
power. Due to the inherent conflict of interest that exists
between a trustee and a beneficiary of a trust, unless the terms
of a trust refer specifically to RCW 11.98.200 through
11.98.240 and provide expressly to the contrary, the powers
conferred upon a trustee who is a beneficiary of the trust,
other than the trustor as a trustee, cannot be exercised by the
trustee to make:
(1) Discretionary distributions of either principal or
income to or for the benefit of the trustee, except to provide
for the trustee’s health, education, maintenance, or support as
described under section 2041 or 2514 of the Internal Revenue
Code and the applicable regulations adopted under that section;
(2) Discretionary allocations of receipts or expenses as
between principal and income, unless the trustee acts in a
fiduciary capacity whereby the trustee has no power to
enlarge or shift a beneficial interest except as an incidental
consequence of the discharge of the trustee’s fiduciary duties;
or
(3) Discretionary distributions of either principal or
income to satisfy a legal obligation of the trustee.
A proscribed power under this section that is conferred
upon two or more trustees may be exercised by the trustees
that are not disqualified under this section. If there is no
trustee qualified to exercise a power proscribed under this
section, a person described in RCW 11.96A.080 who is entitled to seek judicial proceedings with respect to a trust may
apply to a court of competent jurisdiction to appoint another
trustee who would not be disqualified, and the power may be
exercised by another trustee appointed by the court. Alternatively, another trustee who would not be disqualified may be
appointed in accordance with the provisions of the trust
instrument if the procedures are provided, or as set forth in
RCW 11.98.039 as if the office of trustee were vacant, or by
a nonjudicial dispute resolution agreement under RCW
11.96A.220. [1999 c 42 § 624; 1994 c 221 § 65; 1993 c 339
§ 2.]
Additional notes found at www.leg.wa.gov
11.98.210
11.98.210 Beneficiary trustee—Disregard of provision conferring absolute or similar power—Power of
removal. If a trustee is a beneficiary of the trust and the trust
instrument confers the power to make distributions of principal or income for the trustee’s health, education, support, or
maintenance as described in section 2041 or 2514 of the
Internal Revenue Code and the applicable regulations
adopted under that section, then a trust provision purporting
to confer "absolute," "sole," "complete," "conclusive," or a
similar discretion relating to the exercise of such trustee powers shall be disregarded in the exercise of the power, and the
power may then only be exercised reasonably and in accordance with the ascertainable standard as set forth in RCW
11.98.200 and this section. A person who has the right to
remove or to replace a trustee does not possess nor may the
person be deemed to possess by virtue of having that right the
powers of the trustee who is subject to removal or replacement. [1993 c 339 § 3.]
Additional notes found at www.leg.wa.gov
[Title 11 RCW—page 123]
11.98.220
Title 11 RCW: Probate and Trust Law
11.98.220 Beneficiary trustee—Inferences of law—
Judicial review. RCW 11.98.200 through 11.98.240 do not
raise any inference that the law of this state prior to July 25,
1993, was different than under RCW 11.98.200 through
11.98.240. Further, RCW 11.98.200 through 11.98.240 do
not raise an inference that prior to July 25, 1993, a trustee’s
exercise or failure to exercise a power described in RCW
11.98.200 through 11.98.240 was not subject to review by a
court of competent jurisdiction for abuse of discretion or
breach of fiduciary duty under chapter 11.96A RCW or other
applicable law. Following July 25, 1993, the power of judicial review continues to apply. [1999 c 42 § 625; 1993 c 339
§ 4.]
11.98.220
Additional notes found at www.leg.wa.gov
11.98.230 Beneficiary trustee—Income under marital deduction—Spousal power of appointment. Notwithstanding any provision of RCW 11.98.200 through 11.98.240
seemingly to the contrary, RCW 11.98.200 through
11.98.240 do not limit or restrict the distribution of income of
a trust that qualifies or that otherwise could have qualified for
the marital deduction under section 2056 or 2523 of the Internal Revenue Code, those Internal Revenue Code sections
requiring that all income be distributed to the spouse of the
decedent or of the trustor at least annually, whether or not an
election was in fact made under section 2056(b)(7) or 2523(f)
of the Internal Revenue Code. Further, RCW 11.98.200
through 11.98.240 do not limit or restrict the power of a
spouse of the trustor or the spouse of the decedent to exercise
a power of appointment described in section 2056(b)(5) or
2523(e) of the Internal Revenue Code with respect to that
portion of the trust that could otherwise qualify for the marital deduction under either of those Internal Revenue Code
sections. [1993 c 339 § 5.]
11.98.230
Additional notes found at www.leg.wa.gov
11.98.240 Beneficiary trustee—Applicability—
Exceptions—Election of exception—Cause of action.
(1)(a) RCW 11.98.200 and 11.98.210 respectively apply to:
(i) A trust established under a will, codicil, trust agreement, declaration of trust, deed, or other instrument executed
after July 25, 1993, unless the instrument’s terms refer specifically to RCW 11.98.200 or 11.98.210 respectively and
provide expressly to the contrary. However, except for RCW
11.98.200(3), the 1994 c 221 amendments to RCW 11.98.200
apply to a trust established under a will, codicil, trust agreement, declaration of trust, deed, or other instrument executed
after January 1, 1995, unless the instrument’s terms refer specifically to RCW 11.98.200 and provide expressly to the contrary.
(ii) A trust created under a will, codicil, trust agreement,
declaration of trust, deed, or other instrument executed before
July 25, 1993, unless:
(A) The trust is revoked or amended and the terms of the
amendment refer specifically to RCW 11.98.200 and provide
expressly to the contrary;
(B) All parties in interest, as defined in subsection (3) of
this section elect affirmatively, in the manner prescribed in
subsection (4) of this section, not to be subject to the application of this subsection. The election must be made by the later
11.98.240
[Title 11 RCW—page 124]
of September 1, 2000, or three years after the date on which
the trust becomes irrevocable; or
(C) A person entitled to judicial proceedings for a declaration of rights or legal relations under RCW 11.96A.080
obtains a judicial determination that the application of this
subsection (1)(a)(ii) to the trust is inconsistent with the provisions or purposes of the will or trust.
(b) Notwithstanding (a) of this subsection, RCW
11.98.200 and 11.98.210 respectively apply to a trust established under a will or codicil of a decedent dying on or after
July 25, 1993, and to an inter vivos trust to which the trustor
had on or after July 25, 1993, the power to terminate, revoke,
amend, or modify, unless:
(i) The terms of the instrument specifically refer to RCW
11.98.200 or 11.98.210 respectively and provide expressly to
the contrary; or
(ii) The decedent or the trustor was not competent, on
July 25, 1993, to change the disposition of his or her property,
or to terminate, revoke, amend, or modify the trust, and did
not regain his or her competence to dispose, terminate,
revoke, amend, or modify before the date of the decedent’s
death or before the trust could not otherwise be revoked, terminated, amended, or modified by the decedent or trustor.
(2) RCW 11.98.200 neither creates a new cause of action
nor impairs an existing cause of action that, in either case,
relates to a power proscribed under RCW 11.98.200 that was
exercised before July 25, 1993. RCW 11.98.210 neither creates a new cause of action nor impairs an existing cause of
action that, in either case, relates to a power proscribed, limited, or qualified under RCW 11.98.210.
(3) For the purpose of subsection (1)(a)(ii) of this section, "parties in interest" means those persons identified as
"parties" under *RCW 11.96A.030(4).
(4) The affirmative election required under subsection
(1)(a)(ii)(B) of this section must be made in the following
manner:
(a) If the trust is revoked or amended, through a revocation of or an amendment to the trust; or
(b) Through a nonjudicial dispute resolution agreement
described in RCW 11.96A.220. [1999 c 42 § 626; 1997 c 252
§ 76; 1994 c 221 § 66; 1993 c 339 § 6.]
*Reviser’s note: RCW 11.96A.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (4) to subsection (5).
Additional notes found at www.leg.wa.gov
11.98.900 Application of RCW 11.98.130 through
11.98.160. The provisions of RCW 11.98.130 through
11.98.160 are applicable to any instrument purporting to create a trust regardless of the date such instrument bears, unless
it has been previously adjudicated in the courts of this state.
[1985 c 30 § 60. Prior: 1984 c 149 § 93; 1971 ex.s. c 229 § 1;
1965 c 145 § 11.98.050; prior: 1959 c 146 § 5. Formerly
RCW 11.98.050.]
11.98.900
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.98.910 Severability—1959 c 124. If any provision
of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the
other provisions or applications of the chapter which can be
11.98.910
(2010 Ed.)
Construction
given effect without the invalid provision or application, and
to this end the provisions of this chapter are declared to be
severable. [1985 c 30 § 61. Prior: 1959 c 124 § 11. Formerly
RCW 30.99.900.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.98.920 Short title. This act shall be known as the
"Washington Trust Act." [1985 c 30 § 62. Prior: 1959 c 124
§ 12. Formerly RCW 30.99.910.]
11.98.920
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.98.930 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 39.]
11.98.930
11.100.010
11.99.013 Headings not part of law. Title headings,
chapter headings, and section or subsection headings, as used
in this title do not constitute any part of the law. [1965 c 145
§ 11.99.013.]
11.99.013
11.99.015 Repeal.
11.99.015
11.99.020 Savings clause—Rights not affected. No
act done in any proceeding commenced before this title takes
effect and no accrued right shall be impaired by its provisions. When a right is acquired, extinguished or barred upon
the expiration of a prescribed period of time which has commenced to run by the provisions of any statute in force before
this title takes effect, such provisions shall remain in force
and be deemed a part of this code with respect to such right.
[1965 c 145 § 11.99.020.]
11.99.020
11.99.030 Severability—1965 c 145. If any provisions
of this title or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the title which can be given
effect without the invalid provision or application, and, to
this end, provisions of this title are declared to be severable.
[1965 c 145 § 11.99.030.]
11.99.030
Chapter 11.100
Chapter 11.99 RCW
CONSTRUCTION
Sections
11.99.010
11.99.013
11.99.015
11.99.020
11.99.030
Effective date of title.
Headings not part of law.
Repeal.
Savings clause—Rights not affected.
Severability—1965 c 145.
11.99.010 Effective date of title. This title shall take
effect and be in force on and after the first day of July, 1967;
except that sections 11.44.055, 11.44.065, 11.44.070 and
11.44.080 shall take effect on July 1, 1965, and the repeal of
the following acts or parts of acts as listed in section
11.99.015 shall also take effect on July 1, 1965, to wit: In
subsection (10), section 1444, Code of 1881; in subsection
(47), section 95, chapter 156, Laws of 1917; in subsection
(48), section 1, chapter 23, Laws of 1919; in subsection (64),
section 1, chapter 112, Laws of 1929; in subsection (66), section 123, chapter 180, Laws of 1935; in subsection (71), section 8, chapter 202, Laws of 1939; and in subsection (111),
section 83.16.040, chapter 15, Laws of 1961. Except as above
provided the procedures herein prescribed shall govern all
proceedings in probate brought after the effective date of the
title and, also, all further procedure and proceedings in probate then pending, except to the extent that in the opinion of
the court their application in particular proceedings or part
thereof would not be feasible or would work injustice, in
which event the former procedure shall apply. [1965 c 145 §
11.99.010.]
11.99.010
(2010 Ed.)
Chapter 11.100 RCW
INVESTMENT OF TRUST FUNDS
Sections
11.100.010
Chapter 11.99
See 1965 c 145 § 11.99.015.
11.100.015
11.100.020
11.100.023
11.100.025
11.100.030
11.100.035
11.100.037
11.100.040
11.100.045
11.100.047
11.100.050
11.100.060
11.100.070
11.100.090
11.100.120
11.100.130
11.100.140
Provisions of chapter to control—Alteration by controlling
instrument.
Guardians, guardianships and funds are subject to chapter.
Management of trust assets by fiduciary.
Authority of fiduciary to invest in certain enterprises.
Spousal or domestic partnership deduction interests.
Investment in savings accounts—Requirements.
Investments in securities of certain investment trusts.
Investment or distribution of funds held in fiduciary capacity—Deposit in other departments authorized—Collateral
security required, exception.
Court may permit deviation from terms of trust instrument.
Fiduciary—Duty to beneficiaries.
Fiduciary—Duty to diversify.
Scope of chapter.
Fiduciary may hold and retain trust property—Investments—
Liability.
Meaning of terms in trust instrument.
Dealings with self or affiliate.
Use of trust funds for life insurance.
Person to whom power or authority to direct or control acts of
fiduciary or investments of a trust is conferred deemed a
fiduciary—Liability.
Notice and procedure for nonroutine transactions.
Trust provisions may relieve trustee from duty, restriction, or liability
imposed by statute: RCW 11.97.010.
11.100.010 Provisions of chapter to control—Alteration by controlling instrument. Any corporation, association, or person handling or investing trust funds as a fiduciary
shall be governed in the handling and investment of such
funds as in this chapter specified. A fiduciary who invests
and manages trust assets owes a duty to the beneficiaries of
the trust to comply with requirements of this chapter. The
specific requirements of this chapter may be expanded,
restricted, eliminated, or otherwise altered by provisions of
the controlling instrument. [1995 c 307 § 1; 1985 c 30 § 63.
11.100.010
[Title 11 RCW—page 125]
11.100.015
Title 11 RCW: Probate and Trust Law
Prior: 1955 c 33 § 30.24.010; prior: 1947 c 100 § 1; Rem.
Supp. 1947 § 3255-10a. Formerly RCW 30.24.010.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Endowment care funds to be invested in accordance with RCW 11.100.020:
RCW 68.44.030.
Additional notes found at www.leg.wa.gov
11.100.023 Authority of fiduciary to invest in certain
enterprises. Subject to the standards of RCW 11.100.020, a
fiduciary is authorized to invest in new, unproven, untried, or
other enterprises with a potential for significant growth
whether producing a current return, either by investing
directly therein or by investing as a limited partner or otherwise in one or more commingled funds which in turn invest
primarily in such enterprises. The aggregate amount of
investments held by a fiduciary under the authority of this
section valued at cost shall not exceed ten percent of the net
fair market value of the trust corpus, including investments
made under the authority of this section valued at fair market
value, immediately after any such investment is made. Any
investment which would have been authorized by this section
if in force at the time the investment was made is hereby
authorized. [1985 c 30 § 66. Prior: 1984 c 149 § 98.]
11.100.023
11.100.015 Guardians, guardianships and funds are
subject to chapter. In addition to other fiduciaries, a guardian of any estate is a fiduciary within the meaning of this
chapter; and in addition to other trusts, a guardianship of any
estate is a trust within the meaning of this chapter; and in
addition to other trust funds, guardianship funds are trust
funds within the meaning of this chapter. [1985 c 30 § 64.
Prior: 1955 c 33 § 30.24.015; prior: 1951 c 218 § 1. Formerly RCW 30.24.015.]
11.100.015
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.100.020 Management of trust assets by fiduciary.
(1) A fiduciary is authorized to acquire and retain every kind
of property. In acquiring, investing, reinvesting, exchanging,
selling and managing property for the benefit of another, a
fiduciary, in determining the prudence of a particular investment, shall give due consideration to the role that the proposed investment or investment course of action plays within
the overall portfolio of assets. In applying such total asset
management approach, a fiduciary shall exercise the judgment and care under the circumstances then prevailing, which
persons of prudence, discretion and intelligence exercise in
the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their
funds, and if the fiduciary has special skills or is named
trustee on the basis of representations of special skills or
expertise, the fiduciary is under a duty to use those skills.
(2) Except as may be provided to the contrary in the
instrument, the following are among the factors that should
be considered by a fiduciary in applying this total asset management approach:
(a) The probable income as well as the probable safety of
their capital;
(b) Marketability of investments;
(c) General economic conditions;
(d) Length of the term of the investments;
(e) Duration of the trust;
(f) Liquidity needs;
(g) Requirements of the beneficiary or beneficiaries;
(h) Other assets of the beneficiary or beneficiaries,
including earning capacity; and
(i) Effect of investments in increasing or diminishing liability for taxes.
(3) Within the limitations of the foregoing standard, and
subject to any express provisions or limitations contained in
any particular trust instrument, a fiduciary is authorized to
acquire and retain every kind of property, real, personal, or
mixed, and every kind of investment specifically including
but not by way of limitation, debentures and other corporate
obligations, and stocks, preferred or common, which persons
of prudence, discretion, and intelligence acquire for their own
account. [1995 c 307 § 2; 1985 c 30 § 65. Prior: 1984 c 149
§ 97; 1955 c 33 § 30.24.020; prior: 1947 c 100 § 2; Rem.
Supp. 1947 § 3255-10b. Formerly RCW 30.24.020.]
11.100.020
[Title 11 RCW—page 126]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Securities in default ineligible for investment: RCW 30.24.080.
Additional notes found at www.leg.wa.gov
11.100.025 Spousal or domestic partnership deduction interests. Notwithstanding RCW 11.98.070(21)(a),
11.100.060, or any other statutory provisions to the contrary,
with respect to trusts which require by their own terms or by
operation of law that all income be paid at least annually to
the spouse or domestic partner of the trust’s creator, which do
not provide that on the termination of the income interest that
the entire then remaining trust estate be paid to the estate of
the spouse or domestic partner of the trust’s creator, and for
which a federal estate or gift tax marital deduction is claimed,
any investment in or retention of unproductive property is
subject to a power in the spouse or domestic partner of the
trust’s creator to require either that any such asset be made
productive, or that it be converted to productive assets within
a reasonable period of time unless the instrument creating the
interest provides otherwise. [2008 c 6 § 929; 1985 c 30 § 67.
Prior: 1984 c 149 § 99.]
11.100.025
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Securities in default ineligible for investment: RCW 30.24.080.
Additional notes found at www.leg.wa.gov
11.100.030 Investment in savings accounts—
Requirements. A corporation doing a trust business may
invest trust funds in savings accounts with itself to the extent
that deposits are insured by an agency of the federal government. Additional trust funds may be so invested by the corporation only if it first sets aside under the control of its trust
department as collateral security:
(1) Direct obligations of the United States or other obligations fully guaranteed by the United States as to principal
and interest; or
11.100.030
(2010 Ed.)
Investment of Trust Funds
(2) Bonds or other obligations which constitute general
obligations of any state of the United States or municipal subdivision thereof.
The securities so deposited or securities substituted
therefor as collateral shall at all times be at least equal in market value to the amount of the funds so deposited. [1985 c 30
§ 68. Prior: 1984 c 149 § 101; 1967 c 133 § 3; 1955 c 33 §
30.24.030; prior: 1947 c 100 § 3; Rem. Supp. 1947 § 325510c. Formerly RCW 30.24.030.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.100.035 Investments in securities of certain
investment trusts. (1) Within the standards of judgment and
care established by law, and subject to any express provisions
or limitations contained in any particular trust instrument,
guardians, trustees, and other fiduciaries, whether individual
or corporate, are authorized to acquire and retain securities of
any open-end or closed-end management type investment
company or investment trust registered under the federal
investment company act of 1940 as now or hereafter
amended.
(2) Within the limitations of subsection (1) of this section, whenever the trust instrument directs, requires, authorizes, or permits investment in obligations of the United
States government, the fiduciary may invest in and hold such
obligations either directly or in the form of securities of, or
other interests in, an open-end or closed-end management
type investment company or investment trust registered
under the federal investment company act of 1940, as now or
hereafter amended, if both of the following conditions are
met:
(a) The portfolio of the investment company or investment trust is limited to obligations of the United States and to
repurchase agreements fully collateralized by such obligations; and
(b) The investment company or investment trust takes
delivery of the collateral for any repurchase agreement either
directly or through an authorized custodian.
(3) If the fiduciary is a bank or trust company, then the
fact that the fiduciary, or an affiliate of the fiduciary, provides
services to the investment company or investment trust such
as that of an investment advisor, custodian, transfer agent,
registrar, sponsor, distributor, manager, or otherwise, and is
receiving reasonable compensation for those services does
not preclude the bank or trust company from investing or
reinvesting in the securities of the open-end or closed-end
management investment company or investment trust. The
fiduciary shall furnish a copy of the prospectus relating to the
securities to each person to whom a regular periodic accounting would ordinarily be rendered under the trust instrument
or under RCW 11.106.020, upon the request of that person.
The restrictions set forth under RCW 11.100.090 may not be
construed as prohibiting the fiduciary powers granted under
this subsection. [1995 c 307 § 3; 1994 c 221 § 68; 1989 c 97
§ 1; 1985 c 30 § 69. Prior: 1955 c 33 § 30.24.035; prior:
1951 c 132 § 1. Formerly RCW 30.24.035.]
11.100.035
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
11.100.047
11.100.037
11.100.037 Investment or distribution of funds held
in fiduciary capacity—Deposit in other departments
authorized—Collateral security required, exception.
Funds held by a bank or trust company in a fiduciary capacity
awaiting investment or distribution shall not be held uninvested or undistributed any longer than is reasonable for the
proper management of the account. These funds, including
managing agency accounts, may, unless prohibited by the
instrument creating the trust or by other statutes of this state,
be deposited in the commercial or savings or other department of the bank or trust company, only if the bank or trust
company first sets aside under control of the trust department
as collateral security:
(1) Direct obligations of the United States or other obligations fully guaranteed by the United States as to principal
and interest; or
(2) Bonds or other obligations which constitute general
obligations of any state of the United States or municipal subdivision thereof.
The securities so deposited or securities substituted
therefor as collateral shall at all times be at least equal in market value to the amount of the funds so deposited, but such
security shall not be required to the extent that the funds so
deposited are insured by an agency of the federal government. [1985 c 30 § 70. Prior: 1984 c 149 § 104; 1967 c 133
§ 4. Formerly RCW 30.24.037.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.100.040
11.100.040 Court may permit deviation from terms
of trust instrument. Nothing contained in this chapter shall
be construed as restricting the power of a court of proper
jurisdiction to permit a fiduciary to deviate from the terms of
any will, agreement, or other instrument relating to the acquisition, investment, reinvestment, exchange, retention, sale, or
management of fiduciary property. [1985 c 30 § 71. Prior:
1955 c 33 § 30.24.040; prior: 1947 c 100 § 4; Rem. Supp.
1947 § 3255-10d. Formerly RCW 30.24.040.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.100.045
11.100.045 Fiduciary—Duty to beneficiaries. A fiduciary shall invest and manage the trust assets solely in the
interests of the trust beneficiaries. If a trust has two or more
beneficiaries, the fiduciary shall act impartially in investing
and managing the trust assets, taking into account any differing interests of the beneficiaries. [1995 c 307 § 4.]
Additional notes found at www.leg.wa.gov
11.100.047
11.100.047 Fiduciary—Duty to diversify. Subject to
the provisions of RCW 11.100.060 and any express provisions in the trust instrument to the contrary, a fiduciary shall
diversify the investments of the trust unless the fiduciary reasonably determines that, because of special circumstances,
the purposes of the trust are better served without diversifying. [1995 c 307 § 5.]
Additional notes found at www.leg.wa.gov
[Title 11 RCW—page 127]
11.100.050
Title 11 RCW: Probate and Trust Law
11.100.050 Scope of chapter. The provisions of this
chapter govern fiduciaries acting under wills, agreements,
court orders, and other instruments effective before or after
January 1, 1985. [1985 c 30 § 72. Prior: 1984 c 149 § 107;
1955 c 33 § 30.24.050; prior: 1947 c 100 § 5; Rem. Supp.
1947 § 3255-10e. Formerly RCW 30.24.050.]
11.100.050
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.100.060 Fiduciary may hold and retain trust
property—Investments—Liability. Subject to express provisions to the contrary in the trust instrument, any fiduciary
may hold and retain any real or personal property received
into or acquired by the trust from any source. Except as to
trust property acquired for consideration, a fiduciary may
hold and retain any such property without need for diversification as to kinds or amount and whether or not the property
is income producing.
Any fiduciary may invest funds held in trust under an
instrument creating the trust in any manner and in any investment or in any class of investments authorized by the instrument.
The investments described in this section are permissible
even though the securities or other property are not permitted
under other provisions of this chapter, and even though the
securities may be securities issued by the corporation that is
the fiduciary.
A fiduciary is not liable for any loss incurred with
respect to any investment held under the authority of or pursuant to this section if that investment was permitted when
received or when the investment was made by the fiduciary,
and if the fiduciary exercises due care and prudence in the
disposition or retention of any such investment. [1985 c 30 §
73. Prior: 1984 c 149 § 108.]
11.100.060
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.100.070 Meaning of terms in trust instrument.
The terms "legal investment" or "authorized investment" or
words of similar import, as used in any such instrument, shall
be taken to mean any investment which is permitted by the
terms of RCW 11.100.020. [1985 c 30 § 74. Prior: 1984 c
149 § 110; 1955 c 33 § 30.24.070; prior: 1947 c 100 § 7;
1941 c 41 § 13; Rem. Supp. 1947 § 3255-13. Formerly RCW
30.24.070.]
11.100.070
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.100.090 Dealings with self or affiliate. Unless the
instrument creating the trust expressly provides to the contrary, any fiduciary in carrying out the obligations of the trust,
may not buy or sell investments from or to himself, herself, or
itself or any affiliated or subsidiary company or association.
This section shall not be construed as prohibiting the trustee’s
powers under RCW 11.98.070(12). [1985 c 30 § 75. Prior:
1984 c 149 § 111; 1955 c 33 § 30.24.090; prior: 1947 c 100
§ 9; 1941 c 41 § 17; Rem. Supp. 1947 § 3255-17. Formerly
RCW 30.24.090.]
11.100.090
[Title 11 RCW—page 128]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.100.120 Use of trust funds for life insurance. Subject to the standards of RCW 11.100.020, a fiduciary is
authorized to use trust funds to acquire life insurance upon
the life of any beneficiary or upon the life of another in whose
life such beneficiary has an insurable interest. [1985 c 30 §
76. Prior: 1984 c 149 § 112; 1973 1st ex.s. c 89 § 1. Formerly
RCW 30.24.120.]
11.100.120
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Insurable interest, guardian, t rustee or other fiduciary: R CW
48.18.030(3)(c).
Additional notes found at www.leg.wa.gov
11.100.130 Person to whom power or authority to
direct or control acts of fiduciary or investments of a trust
is conferred deemed a fiduciary—Liability. Whenever
power or authority to direct or control the acts of a fiduciary
or the investments of a trust is conferred directly or indirectly
upon any person other than the designated trustee of the trust,
such person shall be deemed to be a fiduciary and shall be liable to the beneficiaries of the trust and to the designated
trustee to the same extent as if he or she were a designated
trustee in relation to the exercise or nonexercise of such
power or authority. [1995 c 307 § 6; 1985 c 30 § 77. Prior:
1973 1st ex.s. c 89 § 2. Formerly RCW 30.24.130.]
11.100.130
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.100.140 Notice and procedure for nonroutine
transactions. (1) A trustee shall not enter into a significant
nonroutine transaction in the absence of a compelling circumstance without:
(a) Providing the written notice called for by subsection
(4) of this section; and
(b) If the significant nonroutine transaction is of the type
described in subsection (2)(a) of this section, obtaining an
independent appraisal, or selling in an open-market transaction.
(2) A "significant nonroutine transaction" for the purpose of this section is defined as any of the following:
(a) Any sale, option, lease, or other agreement, binding
for a period of ten years or more, dealing with any interest in
real estate other than real estate purchased by the trustee or a
vendor’s interest in a real estate contract, the value of which
constitutes twenty-five percent or more of the net fair market
value of trust principal at the time of the transaction; or
(b) The sale of any item or items of tangible personal
property, including a sale of precious metals or investment
gems other than precious metals or investment gems purchased by the trustee, the value of which constitutes twentyfive percent or more of the net fair market value of trust principal at the time of the transaction; or
(c) The sale of shares of stock in a corporation whose
stock is not traded on the open market, if the stock in question
constitutes more than twenty-five percent of the corporation’s outstanding shares; or
11.100.140
(2010 Ed.)
Common Trust Funds
(d) The sale of shares of stock in any corporation where
the stock to be sold constitutes a controlling interest, or
would cause the trust to no longer own a controlling interest,
in the corporation.
(3) A "compelling circumstance" for the purpose of this
section is defined as a condition, fact, or event that the trustee
believes necessitates action without compliance with this section in order to avoid immediate and significant detriment to
the trust. If faced with a compelling circumstance, the trustee
shall give the notice called for in subsection (4) of this section
and may thereafter enter into the significant nonroutine transaction without waiting for the expiration of the twenty-day
period.
(4) The written notice required by this section shall set
forth such material facts as necessary to advise properly the
recipient of the notice of the nature and terms of the intended
transaction. This notice shall be given to the trustor, if living,
to each person who is eighteen years or older and to whom
income is presently payable or for whom income is presently
being accumulated for distribution as income and for whom
an address is known to the trustee, and to the attorney general
if the trust is a charitable trust under RCW 11.110.020. The
notice shall be mailed by United States certified mail, postage
prepaid, return receipt requested, to the recipient’s lastknown address, or may be personally served, at least twenty
days prior to the trustee entering into any binding agreements.
(5) The trustor, if living, or persons entitled to notice
under this section may, by written instrument, waive any
requirement imposed by this section.
(6) Except as required by this section for nonroutine
transactions defined in subsection (2) of this section, a trustee
shall not be required to notify beneficiaries of a trust of the
trustee’s intended action, to obtain an independent appraisal,
or to sell in an open-market transaction.
(7) Any person dealing with a trustee may rely upon the
trustee’s written statement that the requirements of this section have been met for a particular transaction. If a trustee
gives such a statement, the transaction shall be final unless
the party relying on the statement has actual knowledge that
the requirements of this section have not been met.
(8) The requirements of this section, and any similar
requirements imposed by prior case law, shall not apply to
personal representatives or to those trusts excluded from the
definition of express trusts under RCW 11.98.009. [1985 c
30 § 78. Prior: 1984 c 149 § 114.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
Chapter 11.102
Chapter 11.102 RCW
COMMON TRUST FUNDS
11.102.020
11.102.030
11.102.040
11.102.050
(2010 Ed.)
11.102.010 Funds authorized—Investment—Rules
and regulations—"Affiliated" defined. Any bank or trust
company qualified to act as fiduciary in this state, or in any
other state if affiliated with a bank or trust company qualified
to act as fiduciary in this state, may establish common trust
funds for the purpose of furnishing investments to itself and
its affiliated or related bank or trust company as fiduciary, or
to itself and its affiliated or related bank or trust company,
and others, as cofiduciaries; and may, as such fiduciary or
cofiduciary, invest funds which it lawfully holds for investment in interests in such common trust funds, if such investment is not prohibited by the instrument, judgment, decree, or
order creating such fiduciary relationship, and if, in the case
of cofiduciaries, the bank or trust company procures the consent of its cofiduciary or cofiduciaries to such investment:
PROVIDED, That any bank or trust company qualified to act
as fiduciary in the state of its charter, which is not a member
of the federal reserve system, shall, in the operation of such
common trust fund, comply with the rules and regulations as
made from time to time by the director of financial institutions in the state where chartered and in Washington the
director is hereby authorized and empowered to make such
rules and regulations as he or she may deem necessary and
proper in the premises.
"Affiliated" as used in this section means two or more
banks or trust companies:
(1) In which twenty-five percent or more of their voting
shares, excluding shares owned by the United States or by
any company wholly owned by the United States, are directly
or indirectly owned or controlled by a holding company; or
(2) In which the election of a majority of the directors is
controlled in any manner by a holding company. [1994 c 92
§ 1; 1985 c 30 § 79. Prior: 1979 c 105 § 1; 1955 c 33 §
30.28.010; prior: 1943 c 55 § 1; Rem. Supp. 1943 § 3388.
Formerly RCW 30.28.010.]
11.102.010
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.102.020 Accounting. Unless ordered by a court of
competent jurisdiction the bank or trust company operating
such common trust funds is not required to render a court
accounting with regard to such funds; but it may, by application to the superior court, secure approval of such an accounting on such conditions as the court may establish. [1985 c 30
§ 80. Prior: 1955 c 33 § 30.28.020; prior: 1943 c 55 § 2;
Rem. Supp. 1943 § 3388-1. Formerly RCW 30.28.020.]
11.102.020
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.102.030 Applicability of chapter. This chapter
shall apply to fiduciary relationships in existence on June 11,
1943, or thereafter established. [1985 c 30 § 81. Prior: 1955
c 33 § 30.28.030; prior: 1943 c 55 § 7; Rem. Supp. 1943 §
3388-6. Formerly RCW 30.28.030.]
11.102.030
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Sections
11.102.010
11.102.040
Funds authorized—Investment—Rules and regulations—
"Affiliated" defined.
Accounting.
Applicability of chapter.
Interpretation of chapter.
Short title.
11.102.040 Interpretation of chapter. This chapter
shall be so interpreted and construed to effectuate its general
purpose to make uniform the laws of those states which enact
it. [1985 c 30 § 82. Prior: 1955 c 33 § 30.28.040; prior: 1943
11.102.040
[Title 11 RCW—page 129]
11.102.050
Title 11 RCW: Probate and Trust Law
c 55 § 3; Rem. Supp. 1943 § 3388-2. Formerly RCW
30.28.040.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.102.050 Short title. This chapter may be cited as the
uniform common trust fund act. [1985 c 30 § 83. Prior: 1955
c 33 § 30.28.050; prior: 1943 c 55 § 4; Rem. Supp. 1943 §
3388-3. Formerly RCW 30.28.050.]
11.102.050
ARTICLE 6
MISCELLANEOUS PROVISIONS
11.104A.900
11.104A.901
11.104A.902
11.104A.903
11.104A.904
11.104A.905
11.104A.906
11.104A.907
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Chapter 11.104A RCW
WASHINGTON PRINCIPAL AND INCOME
ACT OF 2002
Uniformity of application and construction.
Application of chapter 11.96A RCW.
Severability—2002 c 345.
Captions, article and part headings not law—2002 c 345.
Effective date—2002 c 345.
Application of act to existing trusts and estates.
Transitional matters.
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
ARTICLE 1
DEFINITIONS; FIDUCIARY DUTIES AND
POWERS; REMEDIES
Chapter 11.104A
Sections
ARTICLE 1
DEFINITIONS; FIDUCIARY DUTIES AND POWERS; REMEDIES
11.104A.001
11.104A.005
11.104A.010
11.104A.020
11.104A.030
11.104A.040
Short title.
Definitions.
Fiduciary duties—General principles.
Fiduciary’s power to adjust.
Judicial control of discretionary powers.
Power to convert to unitrust.
ARTICLE 2
DECEDENT’S ESTATE OR TERMINATING INCOME INTEREST
11.104A.050 Determination and distribution of net income.
11.104A.060 Distribution to residuary and remainder beneficiaries.
ARTICLE 3
APPORTIONMENT AT BEGINNING AND END
OF INCOME INTEREST
11.104A.070 When right to income begins and ends.
11.104A.080 Apportionment of receipts and disbursements when decedent
dies or income interest begins.
11.104A.090 Apportionment when income interest ends.
ARTICLE 4
ALLOCATION OF RECEIPTS DURING
ADMINISTRATION OF TRUST
PART 1: RECEIPTS FROM ENTITIES
11.104A.100 Character of receipts.
11.104A.110 Distribution from trust or estate.
11.104A.120 Business and other activities conducted by trustee.
PART 2: RECEIPTS NOT NORMALLY APPORTIONED
11.104A.130
11.104A.140
11.104A.150
11.104A.160
Principal receipts.
Rental property.
Obligation to pay money.
Insurance policies and similar contracts.
PART 3: RECEIPTS NORMALLY APPORTIONED
11.104A.170
11.104A.180
11.104A.190
11.104A.200
11.104A.210
11.104A.220
11.104A.230
11.104A.240
Insubstantial allocations not required.
Deferred compensation, annuities, and similar payments.
Liquidating asset.
Minerals, water, and other natural resources.
Timber.
Property not productive of income.
Derivatives and options.
Asset-backed securities.
ARTICLE 5
ALLOCATION OF DISBURSEMENTS DURING
ADMINISTRATION OF TRUST
11.104A.250
11.104A.260
11.104A.270
11.104A.280
11.104A.290
11.104A.300
Disbursements from income.
Disbursements from principal.
Transfers from income to principal for depreciation.
Transfers from income to reimburse principal.
Income taxes.
Adjustments between principal and income because of taxes.
[Title 11 RCW—page 130]
11.104A.001 Short title. This chapter may be cited as
the Washington principal and income act of 2002. [2002 c
345 § 101.]
11.104A.001
11.104A.005 Definitions. In this chapter:
(1) "Accounting period" means a calendar year unless
another twelve-month period is selected by a fiduciary. The
term includes a portion of a calendar year or other twelvemonth period that begins when an income interest begins or
ends when an income interest ends.
(2) "Beneficiary" includes, in the case of a decedent’s
estate, an heir, legatee, and devisee and, in the case of a trust,
an income beneficiary and a remainder beneficiary.
(3) "Fiduciary" means a personal representative or a
trustee. The term includes an executor, administrator, successor personal representative, special administrator, and a person performing substantially the same function.
(4) "Income" means money or property that a fiduciary
receives as current return from a principal asset. The term
includes a portion of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided in Article 4
of this chapter.
(5) "Income beneficiary" means a person to whom net
income of a trust is or may be payable.
(6) "Income interest" means the right of an income beneficiary to receive all or part of net income, whether the terms
of the trust require it to be distributed or authorize it to be distributed in the trustee’s discretion.
(7) "Mandatory income interest" means the right of an
income beneficiary to receive net income that the terms of the
trust require the fiduciary to distribute.
(8) "Net income" means the total receipts allocated to
income during an accounting period minus the disbursements
made from income during the period, plus or minus transfers
under this chapter to or from income during the period.
(9) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or
any other legal or commercial entity.
(10) "Principal" means property held in trust for distribution to a remainder beneficiary.
(11) "Remainder beneficiary" means a person entitled to
receive principal, including when an income interest ends.
(12) "Terms of a trust" means the manifestation of the
intent of a settlor or decedent with respect to the trust,
expressed in a manner that admits of its proof in a judicial
11.104A.005
(2010 Ed.)
Washington Principal and Income Act of 2002
proceeding. The "terms of a trust" shall include without limitation such modifications as may be made from time to time
with respect to the trust under chapter 11.96A RCW or otherwise under Washington or applicable federal laws.
(13) "Trustee" includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court.
[2002 c 345 § 102.]
11.104A.010 Fiduciary duties—General principles.
(a) In allocating receipts and disbursements to or between
principal and income, and with respect to any matter within
the scope of this chapter, a fiduciary:
(1) Shall administer a trust or estate in accordance with
the terms of the trust or the will, even if there is a different
provision in this chapter;
(2) May administer a trust or estate by the exercise of a
discretionary power of administration given to the fiduciary
by the terms of the trust or the will, even if the exercise of the
power produces a result different from a result required or
permitted by this chapter;
(3) Shall administer a trust or estate in accordance with
this chapter if the terms of the trust or the will do not contain
a different provision or do not give the fiduciary a discretionary power of administration; and
(4) Shall add a receipt or charge a disbursement to principal to the extent that the terms of the trust and this chapter
do not provide a rule for allocating the receipt or disbursement to or between principal and income.
(b) In exercising the power to adjust under RCW
11.104A.020 (a) or (e) or another discretionary power of
administration regarding a matter within the scope of this
chapter, whether granted by the terms of a trust, a will, or this
chapter, a fiduciary shall administer a trust or estate impartially, based on what is fair and reasonable to all of the beneficiaries, except to the extent that the terms of the trust or the
will clearly manifest an intention that the fiduciary shall or
may favor one or more of the beneficiaries. A determination
in accordance with this chapter is presumed to be fair and reasonable to all of the beneficiaries. [2002 c 345 § 103.]
11.104A.010
11.104A.020 Fiduciary’s power to adjust. (a) A
trustee may adjust between principal and income to the extent
the trustee considers necessary if the trustee invests and manages trust assets as a prudent investor, the terms of the trust
describe the amount that may or must be distributed to a beneficiary by referring to the trust’s income, and the trustee
determines, after applying the rules in RCW 11.104A.010(a),
that the trustee is unable to comply with RCW
11.104A.010(b).
(b) In deciding whether and to what extent to exercise
the power conferred by subsection (a) of this section, a
trustee shall consider all factors relevant to the trust and its
beneficiaries, including the following factors to the extent
they are relevant:
(1) The nature, purpose, and expected duration of the
trust;
(2) The intent of the settlor;
(3) The identity and circumstances of the beneficiaries;
(4) The needs for liquidity, regularity of income, and
preservation and appreciation of capital;
11.104A.020
(2010 Ed.)
11.104A.020
(5) The assets held in the trust; the extent to which they
consist of financial assets, interests in closely held enterprises, tangible and intangible personal property, or real
property; the extent to which an asset is used by a beneficiary; and whether an asset was purchased by the trustee or
received from the settlor;
(6) The net amount allocated to income under the other
sections in this chapter and the increase or decrease in the
value of the principal assets, which the trustee may estimate
as to assets for which market values are not readily available;
(7) Whether and to what extent the terms of the trust give
the trustee the power to invade principal or accumulate
income or prohibit the trustee from invading principal or
accumulating income, and the extent to which the trustee has
exercised a power from time to time to invade principal or
accumulate income;
(8) The actual and anticipated effect of economic conditions on principal and income and effects of inflation and
deflation; and
(9) The anticipated tax consequences of an adjustment.
(c) A trustee may not make an adjustment:
(1) That diminishes the income interest in a trust that
requires all of the income to be paid at least annually to a
spouse and for which an estate tax or gift tax marital deduction would be allowed, in whole or in part, if the trustee did
not have the power to make the adjustment;
(2) That reduces the actuarial value of the income interest in a trust to which a person transfers property with the
intent to qualify for a gift tax exclusion;
(3) That changes the amount payable to a beneficiary as
a fixed annuity or a fixed fraction of the value of the trust
assets;
(4) From any amount that is permanently set aside for
charitable purposes under a will or the terms of a trust unless
both income and principal are so set aside;
(5) If possessing or exercising the power to make an
adjustment causes an individual to be treated as the owner of
all or part of the trust for income tax purposes, and the individual would not be treated as the owner if the trustee did not
possess the power to make an adjustment;
(6) If possessing or exercising the power to make an
adjustment causes all or part of the trust assets to be included
for estate tax purposes in the estate of an individual who has
the power to remove a trustee or appoint a trustee, or both,
and the assets would not be included in the estate of the individual if the trustee did not possess the power to make an
adjustment;
(7) If the trustee is a beneficiary of the trust; or
(8) If the trustee is not a beneficiary, but the adjustment
would benefit the trustee directly or indirectly.
(d) If subsection (c)(5), (6), (7), or (8) of this section
applies to a trustee and there is more than one trustee or an
additional trustee who is appointed by a court order, a binding agreement, or otherwise under chapter 11.96A RCW, a
cotrustee to whom the provision does not apply may make the
adjustment unless the exercise of the power by the remaining
trustee or trustees is not permitted by the terms of the trust.
(e) A personal representative serving with nonintervention powers under chapter 11.68 RCW may adjust between
principal and income to the extent the personal representative
considers necessary, if the personal representative invests
[Title 11 RCW—page 131]
11.104A.030
Title 11 RCW: Probate and Trust Law
and manages assets of the estate as a prudent investor and the
personal representative determines, after applying the rules
of RCW 11.104A.010(a), that the personal representative is
unable to comply with RCW 11.104A.010(b). In deciding
whether and to what extent to exercise the power conferred
by this subsection, the personal representative shall consider
all factors relevant to the estate and its beneficiaries, including factors comparable to those a trustee would consider
under subsection (b) of this section if considering such an
adjustment. A personal representative may not make an
adjustment under circumstances comparable to those that are
described in subsection (c) of this section and that prohibit a
trustee from making such an adjustment, although a copersonal representative, or an additional personal representative
who is appointed by a court order, a binding agreement, or
otherwise under chapter 11.96A RCW, to whom such limitations do not apply may make the adjustment unless the exercise of the power by the remaining personal representative or
personal representatives is not permitted by the terms of a
will.
(f) A fiduciary may release the entire power conferred by
subsection (a) of this section or may release only the power to
adjust from income to principal or the power to adjust from
principal to income if the fiduciary is uncertain about
whether possessing or exercising the power will cause a
result described in subsection (c)(1) through (6) or (8) of this
section or if the fiduciary determines that possessing or exercising the power will or may deprive the trust of a tax benefit
or impose a tax burden not described in subsection (c) of this
section. The release may be permanent or for a specified
period, including a period measured by the life of an individual.
(g) Terms of a trust that limit the power of a fiduciary to
make an adjustment between principal and income do not
affect the application of this section unless it is clear from the
terms of the trust that the terms are intended to deny the fiduciary the power of adjustment conferred by subsection (a) of
this section.
(h) Unless a beneficiary has requested the fiduciary in
writing that the fiduciary consider an adjustment, nothing in
this section imposes a duty on the fiduciary to make an
adjustment and the fiduciary is not liable for not considering
whether to make an adjustment under this section. [2002 c
345 § 104.]
11.104A.030 Judicial control of discretionary powers. (a) A court shall not change a fiduciary’s decision to
exercise or not to exercise a discretionary power conferred by
this chapter unless it determines that the decision was an
abuse of the fiduciary’s discretion. A court shall not determine that a fiduciary abused its discretion merely because the
court would have exercised the discretion in a different manner or would not have exercised the discretion.
(b) The decisions to which subsection (a) of this section
apply include:
(1) A determination under RCW 11.104A.020 (a) or (e)
of whether and to what extent an amount should be transferred from principal to income or from income to principal.
(2) A determination of: (i) The factors that are relevant
to the trust or estate and its beneficiaries; (ii) the extent to
which they are relevant; and (iii) the weight, if any, to be
11.104A.030
[Title 11 RCW—page 132]
given to the relevant factors, in deciding whether and to what
extent to exercise the power conferred by RCW 11.104A.020
(a) or (e).
(3) A determination under RCW 11.104A.040(g).
(c) If a court determines that a fiduciary has abused its
discretion, the remedy is to restore the income and remainder
beneficiaries to the positions they would have occupied if the
fiduciary had not abused its discretion, according to the following principles:
(1) To the extent that the abuse of discretion has resulted
in no distribution to a beneficiary or a distribution that is too
small, the court may require the fiduciary to distribute from
the trust to the beneficiary an amount that the court determines will restore the beneficiary, in whole or in part, to his
or her appropriate position.
(2) To the extent that the abuse of discretion has resulted
in a distribution to a beneficiary that is too large, the court
may restore the beneficiaries, the trust, or both, in whole or in
part, to their appropriate positions by requiring the fiduciary
to withhold an amount from one or more future distributions
to the beneficiary who received the distribution that was too
large or requiring that beneficiary to return some or all of the
distribution to the trust.
(3) To the extent that the court does not restore under (1)
and (2) of this subsection the beneficiaries, the trust, or both,
to the positions they would have occupied if the fiduciary had
not abused its discretion, the court may require the fiduciary
to pay an appropriate amount from its own funds to one or
more of the beneficiaries or the trust, or both. The fiduciary
has no liability under this section unless the beneficiary alleging the abuse of discretion establishes that the fiduciary did
not exercise its discretion in good faith and with honest judgment.
(d) Upon a petition by the fiduciary, the court having
jurisdiction over the trust or estate shall determine whether a
proposed exercise or nonexercise by the fiduciary of a discretionary power conferred by the act will result in an abuse of
the fiduciary’s discretion. If the petition describes the proposed exercise or nonexercise of the power and contains sufficient information to inform the beneficiaries of the reasons
for the proposal, the facts upon which the fiduciary relies, and
an explanation of how the income and remainder beneficiaries will be affected by the proposed exercise or nonexercise
of the power, a beneficiary who challenges the proposed
exercise or nonexercise has the burden of establishing that it
will result in an abuse of discretion.
(e) The fiduciary shall be reimbursed for any and all
costs, including without limitation all attorneys’ fees and
costs of defense, and all liabilities that the fiduciary may
incur in connection with any claim or action relating in any
way to the fiduciary’s exercise of its discretion under this
chapter, except to the extent that the beneficiary establishes
that the fiduciary did not exercise its discretion in good faith
and with honest judgment. All attorneys’ fees and costs shall
be advanced to the fiduciary as incurred and shall only be collected from the fiduciary after it has been determined that the
fiduciary did not exercise its discretion in good faith and with
honest judgment. [2002 c 345 § 105.]
11.104A.040 Power to convert to unitrust. (a)(1) In
this section, "beneficiary" means a person who has an interest
11.104A.040
(2010 Ed.)
Washington Principal and Income Act of 2002
in the trust to be converted and who has the legal capacity to
act in his, her, or its own right with respect to all actions that
such person may take under this section.
(2) In this section, "unitrust" means both a trust converted into a unitrust under this section and a trust initially
established as a unitrust. Unless inconsistent with the terms
of the trust or will, subsections (f), (g), (h), (i), and (m) of this
section apply to the unitrust initially so established.
(b) Unless expressly prohibited by the terms of the trust,
a trustee may release the power to make adjustments under
RCW 11.104A.020 and convert a trust into a unitrust as
described in this section if all of the following apply:
(1) The trustee determines that the conversion will
enable the trustee better to carry out the intent of the settlor or
testator and the purposes of the trust.
(2) The trustee gives written notice of the trustee’s intention to release the power to adjust and to convert the trust into
a unitrust and of how the unitrust will operate, including what
initial decisions the trustee will make under this section, to
each beneficiary who, on the date the notice is given:
(i) Is a distributee or permissible distributee of trust
income or principal; or
(ii) Would be a distributee or permissible distributee of
trust principal if the interests of the distributees described in
(2)(i) of this subsection terminated and the trust then terminated immediately before the notice was given and if no powers of appointment were exercised.
(3) There is at least one beneficiary under (2)(i) of this
subsection and at least one other person who is a beneficiary
under (2)(ii) of this subsection.
(4) No beneficiary objects to the conversion to a unitrust
in a writing delivered to the trustee within sixty days after the
notice is given under (2) of this subsection.
(c) The parties, as defined by *RCW 11.96A.030(4),
may agree to convert a trust to or from a unitrust by means of
a binding agreement under chapter 11.96A RCW.
(d)(1) The trustee may petition the court under chapter
11.96A RCW to order a conversion to a unitrust if either of
the following apply:
(i) A party, as defined by *RCW 11.96A.030(4), timely
objects to the conversion to a unitrust; or
(ii) There are no beneficiaries under (2)(i) and (ii) of this
subsection.
(2) A party, as defined by *RCW 11.96A.030(4), may
request a trustee to convert to a unitrust. If the trustee does
not convert, the party, as defined by *RCW 11.96A.030(4),
may petition the court to order the conversion.
(3) The court shall approve the conversion or direct the
requested conversion if the court concludes that the conversion will enable the trustee to better carry out the intent of the
settlor or testator and the purposes of the trust.
(e) In deciding whether to exercise a power to convert to
a unitrust under this section, a trustee may consider, among
other things, the factors set forth in RCW 11.104A.020(b).
(f) After a trust is converted to a unitrust, all of the following apply:
(1) The trustee shall follow an investment policy seeking
a total return for the investments held by the trust, whether
the return is to be derived:
(i) From appreciation of principal;
(ii) From earnings and distributions from principal; or
(2010 Ed.)
11.104A.040
(iii) From both.
(2) The trustee shall make regular distributions in accordance with the terms of the trust, or the terms of the will, as
the case may be, construed in accordance with the provisions
of this section.
(3) Unless expressly prohibited by the terms of the trust,
the term "income" in the terms of a trust or a will means an
annual distribution, the "unitrust distribution," equal to the
percentage, the "payout percentage," that is no less than three
percent and no more than five percent and that the trustee
may determine in the trustee’s discretion from time to time,
or, if the trustee makes no determination, that shall be four
percent of the net fair market value of the trust’s assets,
whether such assets would be considered income or principal
under other provisions of this chapter, averaged over the
lesser of:
(i) The three preceding years; or
(ii) The period during which the trust has been in existence.
(g) The trustee may in the trustee’s discretion from time
to time determine all of the following:
(1) The effective date of a conversion to a unitrust.
(2) The provisions for prorating a unitrust distribution
for a short year in which a beneficiary’s right to payments
commences or ceases.
(3) The frequency of unitrust distributions during the
year.
(4) The effect of other payments from or contributions to
the trust on the trust’s valuation.
(5) Whether to value the trust’s assets annually or more
frequently.
(6) What valuation dates to use.
(7) How frequently to value nonliquid assets and
whether to estimate their value.
(8) Whether to omit from the calculations trust property
occupied or possessed by a beneficiary.
(9) Any other matters necessary for the proper functioning of the unitrust.
(h)(1) Expenses which would be deducted from income
if the trust were not a unitrust may not be deducted from the
unitrust distribution.
(2) Unless otherwise provided by the terms of the trust,
the unitrust distribution shall be paid from net income, as
such term would be determined if the trust were not a unitrust. To the extent net income is insufficient, the unitrust
distribution shall be paid from net realized short-term capital
gains. To the extent net income and net realized short-term
capital gains are insufficient, the unitrust distribution shall be
paid from net realized long-term capital gains. To the extent
net income and net realized short-term and long-term capital
gains are insufficient, the unitrust distribution shall be paid
from the principal of the trust.
(3) To the extent necessary to cause gains from the sale
or exchange of unitrust assets to be treated as income under
any federal, state, or local income tax (for example, section
643 of the Internal Revenue Code and its regulations, including Treasury Regulation § 1.643(b)-1, as amended or renumbered), the trustee has the discretionary power to allocate the
gains to income, so long as the power is reasonably and
impartially exercised.
[Title 11 RCW—page 133]
11.104A.050
Title 11 RCW: Probate and Trust Law
(i) The trustee or, if the trustee declines to do so, a beneficiary may petition the court:
(1) To change the payout percentage.
(2) To provide for a distribution of net income, as would
be determined if the trust were not a unitrust, in excess of the
unitrust distribution if such distribution is necessary to preserve a tax benefit.
(3) To average the valuation of the trust’s net assets over
a period other than three years.
(4) To reconvert from a unitrust.
(j) Upon a reconversion, the power to adjust under RCW
11.104A.020 is revived.
(k) A conversion to a unitrust does not affect a provision
in the terms of a trust directing or authorizing the trustee to
distribute principal or authorizing a beneficiary to withdraw a
portion or all of the principal.
(l) A trustee may not possess or exercise any power
under this section in any of the following circumstances:
(1) The unitrust distribution would be made from any
amount that is permanently set aside for charitable purposes
under the terms of a trust and for which a charitable deduction from a federal gift or estate tax has been taken unless
both income and principal are so set aside.
(2) The possession or exercise of the power would cause
an individual to be treated as the owner of all or part of the
trust for federal income tax purposes and the individual
would not be treated as the owner if the trustee did not possess or exercise the power.
(3) The possession or exercise of the power would cause
all or any part of the trust estate to be subject to any federal
gift or estate tax with respect to the individual and the trust
estate would not be subject to such taxation if the trustee did
not possess or exercise the power.
(4) The possession or exercise of the power would result
in the disallowance of a federal gift or estate tax marital
deduction which would be allowed if the trustee did not have
the power.
(5) The trustee is a beneficiary of the trust.
(m) If subsection (l)(2), (3), or (5) of this section applies
to a trustee and there is more than one trustee or an additional
trustee who is appointed by a court order, a binding agreement, or otherwise under chapter 11.96A RCW, a cotrustee to
whom subsection (l)(2), (3), or (5) of this section does not
apply may possess and exercise the power unless the possession or exercise of the power by the remaining trustee or
trustees is not permitted by the terms of the trust. If subsection (l)(2), (3), or (5) of this section restricts all trustees from
possessing or exercising a power under this section, the
trustee may petition a court under chapter 11.96A RCW for
the court to effect the intended conversion or action.
(n) A trustee may release any power conferred by this
section if any of the following applies:
(1) The trustee is uncertain about whether possessing or
exercising the power will cause a result described in subsection (l)(2), (3), or (4) of this section.
(2) The trustee determines that possessing or exercising
the power will or may deprive the trust of a tax benefit or
impose a tax burden not described in subsection (l) of this
section.
[Title 11 RCW—page 134]
The release may be permanent or for a specified period,
including a period measured by the life of an individual.
[2006 c 360 § 1; 2002 c 345 § 106.]
*Reviser’s note: RCW 11.96A.030 was alphabetized pursuant to RCW
1.08.015(2)(k), changing subsection (4) to subsection (5).
Clarification of laws—Enforceability of act—Severability—2006 c
360: See notes following RCW 11.108.070.
ARTICLE 2
DECEDENT’S ESTATE OR
TERMINATING INCOME INTEREST
11.104A.050 Determination and distribution of net
income. After a decedent dies, and subject to chapter 11.10
RCW, in the case of an estate, or after an income interest in a
trust ends, the following rules apply:
(1) A fiduciary of an estate or of a terminating income
interest shall determine the amount of net income and net
principal receipts received from property specifically given
to a beneficiary under the rules in Articles 3 through 5 of this
chapter which apply to trustees and the rules in subsection (5)
of this section. The fiduciary shall distribute the net income
and net principal receipts to the beneficiary who is to receive
the specific property.
(2) A fiduciary shall determine the remaining net income
of a decedent’s estate or a terminating income interest under
the rules in Articles 3 through 5 of this chapter which apply
to trustees, except to the extent that the following apply:
(i) The fiduciary shall include in net income all income
from property used to discharge liabilities;
(ii) The fiduciary shall pay from income or principal, in
the fiduciary’s discretion, family allowances; fees of attorneys, accountants, and fiduciaries; court costs and other
expenses of administration; and interest on death taxes, but
the fiduciary may pay those expenses from income of property passing to a trust for which the fiduciary claims an estate
tax marital or charitable deduction only to the extent that the
payment of those expenses from income will not cause the
reduction or loss of the deduction; and
(iii) The fiduciary shall pay from principal all other disbursements made or incurred in connection with the settlement of a decedent’s estate or the winding up of a terminating
income interest, including debts, funeral expenses, disposition of remains, and death taxes and related penalties that are
apportioned to the estate or terminating income interest by
the will, the terms of the trust, or applicable law.
(3) A fiduciary shall distribute to a beneficiary who
receives a pecuniary amount outright the interest or any other
amount provided by the will, the terms of a trust, or applicable law from net income determined under subsection (2) of
this section or from principal to the extent that net income is
insufficient. Otherwise, no outright gift of a pecuniary
amount whether under a will, or under a trust after an income
interest ends shall receive interest or any other income.
(4) A fiduciary shall distribute the net income remaining
after distributions required by subsection (3) of this section in
the manner described in RCW 11.104A.060 to all other beneficiaries, including a beneficiary who receives a pecuniary
amount in trust, even if the beneficiary holds an unqualified
power to withdraw assets from the trust or other presently
exercisable general power of appointment over the trust.
11.104A.050
(2010 Ed.)
Washington Principal and Income Act of 2002
(5) A fiduciary may not reduce principal or income
receipts from property described in subsection (1) of this section because of a payment described in RCW 11.104A.250 or
11.104A.260 to the extent that the will, the terms of the trust,
or applicable law requires the fiduciary to make the payment
from assets other than the property or to the extent that the
fiduciary recovers or expects to recover the payment from a
third party. The net income and principal receipts from the
property are determined by including all of the amounts the
fiduciary receives or pays with respect to the property,
whether those amounts accrued or became due before, on, or
after the date of a decedent’s death or an income interest’s
terminating event, and by making a reasonable provision for
amounts that the fiduciary believes the estate or terminating
income interest may become obligated to pay after the property is distributed. [2006 c 360 § 2; 2002 c 345 § 201.]
Clarification of laws—Enforceability of act—Severability—2006 c
360: See notes following RCW 11.108.070.
11.104A.060 Distribution to residuary and remainder beneficiaries. (a) Each beneficiary described in RCW
11.104A.050(4) is entitled to receive a portion of the net
income equal to the beneficiary’s fractional interest in undistributed principal assets, using values as of the distribution
date. If a fiduciary makes more than one distribution of assets
to beneficiaries to whom this section applies, each beneficiary, including one who does not receive part of the distribution, is entitled, as of each distribution date, to the net income
the fiduciary has received after the date of death or terminating event or earlier distribution date but has not distributed as
of the current distribution date.
(b) In determining a beneficiary’s share of net income,
the following rules apply:
(1) The beneficiary is entitled to receive a portion of the
net income equal to the beneficiary’s fractional interest in the
undistributed principal assets immediately before the distribution date, including assets that later may be sold to meet
principal obligations.
(2) The beneficiary’s fractional interest in the undistributed principal assets must be calculated without regard to
property specifically given to a beneficiary and property
required to pay pecuniary amounts not in trust.
(3) The beneficiary’s fractional interest in the undistributed principal assets must be calculated on the basis of the
aggregate value of those assets as of the distribution date
without reducing the value by any unpaid principal obligation.
(4) The distribution date for purposes of this section may
be the date as of which the fiduciary calculates the value of
the assets if that date is reasonably near the date on which
assets are actually distributed.
(c) If a fiduciary does not distribute all of the collected
but undistributed net income to each person as of a distribution date, the fiduciary shall maintain appropriate records
showing the interest of each beneficiary in that net income.
(d) A fiduciary may apply the rules in this section, to the
extent that the fiduciary considers it appropriate, to net gain
or loss realized after the date of death or terminating event or
earlier distribution date from the disposition of a principal
asset if this section applies to the income from the asset.
[2002 c 345 § 202.]
11.104A.060
(2010 Ed.)
11.104A.080
ARTICLE 3
APPORTIONMENT AT BEGINNING AND END
OF INCOME INTEREST
11.104A.070
11.104A.070 When right to income begins and ends.
(a) An income beneficiary is entitled to net income from the
date on which the income interest begins. An income interest
begins on the date specified in the terms of the trust or, if no
date is specified, on the date an asset becomes subject to a
trust or successive income interest.
(b) An asset becomes subject to a trust:
(1) On the date it is transferred to the trust in the case of
an asset that is transferred to a trust during the transferor’s
life;
(2) On the date of a testator’s death in the case of an asset
that becomes subject to a trust by reason of a will, even if
there is an intervening period of administration of the testator’s estate; or
(3) On the date of an individual’s death in the case of an
asset that is transferred to a fiduciary by a third party because
of the individual’s death.
(c) An asset becomes subject to a successive income
interest on the day after the preceding income interest ends,
as determined under subsection (d) of this section, even if
there is an intervening period of administration to wind up the
preceding income interest.
(d) An income interest ends on the day before an income
beneficiary dies or another terminating event occurs, or on
the last day of a period during which there is no beneficiary
to whom a trustee may distribute income. [2002 c 345 § 301.]
11.104A.080 Apportionment of receipts and disbursements when decedent dies or income interest begins.
(a) A trustee shall allocate an income receipt or disbursement
other than one to which RCW 11.104A.050(1) applies to
principal if its due date occurs before a decedent dies in the
case of an estate or before an income interest begins in the
case of a trust or successive income interest.
(b) A trustee shall allocate an income receipt or disbursement to income if its due date occurs on or after the date on
which a decedent dies or an income interest begins and it is a
periodic due date. An income receipt or disbursement must
be treated as accruing from day to day if its due date is not
periodic or it has no due date. The portion of the receipt or
disbursement accruing before the date on which a decedent
dies or an income interest begins must be allocated to principal and the balance must be allocated to income.
(c) An item of income or an obligation is due on the date
the payer is required to make a payment. If a payment date is
not stated, there is no due date for the purposes of this chapter. Distributions to shareholders or other owners from an
entity to which RCW 11.104A.100 applies are deemed to be
due on the date fixed by the entity for determining who is
entitled to receive the distribution or, if no date is fixed, on
the declaration date for the distribution. A due date is periodic for receipts or disbursements that must be paid at regular
intervals under a lease or an obligation to pay interest or if an
entity customarily makes distributions at regular intervals.
[2002 c 345 § 302.]
11.104A.080
[Title 11 RCW—page 135]
11.104A.090
Title 11 RCW: Probate and Trust Law
11.104A.090 Apportionment when income interest
ends. (a) In this section, "undistributed income" means net
income received before the date on which an income interest
ends. The term does not include an item of income or expense
that is due or accrued or net income that has been added or is
required to be added to principal under the terms of the trust.
(b) When a mandatory income interest ends, the trustee
shall pay to a mandatory income beneficiary who survives
that date, or the estate of a deceased mandatory income beneficiary whose death causes the interest to end, the beneficiary’s share of the undistributed income that is not disposed
of under the terms of the trust unless the beneficiary has an
unqualified power to revoke more than five percent of the
trust principal immediately before the income interest ends.
In the latter case, the undistributed income from the portion
of the trust that may be revoked must be added to principal.
(c) When a trustee’s obligation to pay a fixed annuity or
a fixed fraction of the value of the trust’s assets ends, the
trustee shall prorate the final payment if and to the extent
required by applicable law to accomplish a purpose of the
trust or its settlor relating to income, gift, estate, or other tax
requirements. [2002 c 345 § 303.]
11.104A.090
ARTICLE 4
ALLOCATION OF RECEIPTS DURING
ADMINISTRATION OF TRUST
PART 1: RECEIPTS FROM ENTITIES
11.104A.100 Character of receipts. (a) In this section,
"entity" means a corporation, partnership, limited liability
company, regulated investment company, real estate investment trust, common trust fund, or any other organization in
which a trustee has an interest. "Entity" does not mean a trust
or estate to which RCW 11.104A.110 applies, a business or
activity to which RCW 11.104A.120 applies, or an assetbacked security to which RCW 11.104A.240 applies.
(b) Except as otherwise provided in this section, a trustee
shall allocate to income money received from an entity.
(c) A trustee shall allocate the following receipts from an
entity to principal:
(1) Property other than money;
(2) Money received in one distribution or a series of
related distributions in exchange for part or all of a trust’s
interest in the entity;
(3) Money received in total or partial liquidation of the
entity; and
(4) Money received from an entity that is a regulated
investment company or a real estate investment trust if the
money distributed is a capital gain dividend for federal
income tax purposes.
(d) Money is received in partial liquidation:
(1) To the extent that the entity, at or near the time of a
distribution, indicates that it is a distribution in partial liquidation; or
(2) If the total amount of money and property distributed
in a distribution or series of related distributions is greater
than twenty percent of the entity’s gross assets, as shown by
the entity’s year-end financial statements immediately preceding the initial distribution.
(e) Money is not received in partial liquidation, nor may
it be taken into account under subsection (d)(2) of this sec11.104A.100
[Title 11 RCW—page 136]
tion, to the extent that it does not exceed the amount of
income tax that a trustee or beneficiary must pay on taxable
income of the entity that distributes the money.
(f) A trustee may rely upon a statement made by an entity
about the source or character of a distribution if the statement
is made at or near the time of distribution by the entity’s
board of directors or other person or group of persons authorized to exercise powers to pay money or transfer property
comparable to those of a corporation’s board of directors.
[2002 c 345 § 401.]
11.104A.110
11.104A.110 Distribution from trust or estate. A
trustee shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust
has an interest other than a purchased interest in a trust that is
an investment entity, and shall allocate to principal an
amount received as a distribution of principal from such a
trust or estate. If a trustee purchases an interest in a trust that
is an investment entity, or a decedent or donor transfers an
interest in such a trust to a trustee, RCW 11.104A.100 or
11.104A.240 applies to a receipt from the trust. [2002 c 345
§ 402.]
11.104A.120
11.104A.120 Business and other activities conducted
by trustee. (a) If a trustee who conducts a business or other
activity determines that it is in the best interest of all the beneficiaries to account separately for the business or activity
instead of accounting for it as part of the trust’s general
accounting records, the trustee may maintain separate
accounting records for its transactions, whether or not its
assets are segregated from other trust assets. The trustee shall
maintain such records in accordance with principles of
accounting that are generally accepted.
(b) A trustee who accounts separately for a business or
other activity may determine the extent to which its net cash
receipts must be retained for working capital, the acquisition
or replacement of fixed assets, and other reasonably foreseeable needs of the business or activity, and the extent to which
the remaining net cash receipts are accounted for as principal
or income in the trust’s general accounting records. If a
trustee sells assets of the business or other activity, other than
in the ordinary course of the business or activity, the trustee
shall account for the net amount received as principal in the
trust’s general accounting records to the extent the trustee
determines that the amount received is no longer required in
the conduct of the business.
(c) Activities for which a trustee may maintain separate
accounting records include:
(1) Retail, manufacturing, service, and other traditional
business activities;
(2) Farming;
(3) Raising and selling livestock and other animals;
(4) Management of rental properties;
(5) Extraction of minerals and other natural resources;
(6) Timber operations; and
(7) Activities to which RCW 11.104A.230 applies.
[2002 c 345 § 403.]
(2010 Ed.)
Washington Principal and Income Act of 2002
PART 2: RECEIPTS NOT NORMALLY APPORTIONED
11.104A.130
11.104A.130 Principal receipts. A trustee shall allocate to principal:
(1) To the extent not allocated to income under this chapter, assets received from a transferor during the transferor’s
lifetime, a decedent’s estate, a trust with a terminating
income interest, or a payer under a contract naming the trust
or its trustee as beneficiary;
(2) Money or other property received from the sale,
exchange, liquidation, or change in form of a principal asset,
including realized profit, subject to this article;
(3) Amounts recovered from third parties to reimburse
the trust because of disbursements described in RCW
11.104A.260(a)(7) or for other reasons to the extent not
based on the loss of income;
(4) Proceeds of property taken by eminent domain, but a
separate award made for the loss of income with respect to an
accounting period during which a current income beneficiary
had a mandatory income interest is income;
(5) Net income received in an accounting period during
which there is no beneficiary to whom a trustee may or must
distribute income; and
(6) Other receipts as provided in Part 3 of this article.
[2002 c 345 § 404.]
11.104A.140
11.104A.140 Rental property. To the extent that a
trustee accounts for receipts from rental property pursuant to
this section, the trustee shall allocate to income an amount
received as rent of real or personal property, including an
amount received for cancellation or renewal of a lease. An
amount received as a refundable deposit, including a security
deposit or a deposit that is to be applied as rent for future periods, must be added to principal and held subject to the terms
of the lease and is not available for distribution to a beneficiary until the trustee’s contractual obligations have been satisfied with respect to that amount. [2002 c 345 § 405.]
11.104A.150
11.104A.150 Obligation to pay money. (a) An amount
received as interest, whether determined at a fixed, variable,
or floating rate, on an obligation to pay money to the trustee,
including an amount received as consideration for prepaying
principal, must be allocated to income without any provision
for amortization of premium.
(b) A trustee shall allocate to principal an amount
received from the sale, redemption, or other disposition of an
obligation to pay money to the trustee more than one year
after it is purchased or acquired by the trustee, including an
obligation whose purchase price or value when it is acquired
is less than its value at maturity. If the obligation matures
within one year after it is purchased or acquired by the
trustee, an amount received in excess of its purchase price or
its value when acquired by the trust must be allocated to
income.
(c) This section does not apply to an obligation to which
RCW 11.104A.180, 11.104A.190, 11.104A.200,
11.104A.210, 11.104A.230, or 11.104A.240 applies. [2002 c
345 § 406.]
(2010 Ed.)
11.104A.180
11.104A.160 Insurance policies and similar contracts. (a) Except as otherwise provided in subsection (b) of
this section, a trustee shall allocate to principal the proceeds
of a life insurance policy or other contract in which the trust
or its trustee is named as beneficiary, including a contract that
insures the trust or its trustee against loss for damage to,
destruction of, or loss of title to a trust asset. The trustee shall
allocate dividends on an insurance policy to income if the
premiums on the policy are paid from income, and to principal if the premiums are paid from principal.
(b) A trustee shall allocate to income proceeds of a contract that insures the trustee against loss of occupancy or
other use by an income beneficiary, loss of income, or, subject to RCW 11.104A.120, loss of profits from a business.
(c) This section does not apply to a contract to which
RCW 11.104A.180 applies. [2002 c 345 § 407.]
11.104A.160
PART 3: RECEIPTS NORMALLY APPORTIONED
11.104A.170 Insubstantial allocations not required.
If a trustee determines that an allocation between principal
and income required by RCW 11.104A.180, 11.104A.190,
11.104A.200, 11.104A.210, or 11.104A.240 is insubstantial,
the trustee may allocate the entire amount to principal unless
one of the circumstances described in RCW 11.104A.020(c)
applies to the allocation. This power may be exercised by a
cotrustee in the circum stances described in R CW
11.104A.020(d) and may be released for the reasons and in
the manner described in RCW 11.104A.020(f). An allocation
is presumed to be insubstantial if:
(1) The amount of the allocation would increase or
decrease net income in an accounting period, as determined
before the allocation, by less than ten percent; or
(2) The value of the asset producing the receipt for which
the allocation would be made is less than ten percent of the
total value of the trust’s assets at the beginning of the
accounting period. [2002 c 345 § 408.]
11.104A.170
11.104A.180 Deferred compensation, annuities, and
similar payments. (a) In this section:
(1) "Payment" means a payment that a trustee may
receive over a fixed number of years or during the life of one
or more individuals because of services rendered or property
transferred to the payer in exchange for future payments. The
term includes a payment made in money or property from the
payer’s general assets or from a separate fund created by the
payer. For purposes of subsections (d), (e), (f), and (g) of this
section, the term also includes any payment from any separate fund, regardless of the reason for the payment.
(2) "Separate fund" includes a private or commercial
annuity, an individual retirement account, and a pension,
profit-sharing, stock-bonus, or stock-ownership plan.
(b) To the extent that a payment is characterized as interest, a dividend, or a payment made in lieu of interest or a dividend, a trustee shall allocate the payment to income. The
trustee shall allocate to principal the balance of the payment
and any other payment received in the same accounting
period that is not characterized as interest, a dividend, or an
equivalent payment.
(c) If no part of a payment is characterized as interest, a
dividend, or an equivalent payment, a trustee shall allocate to
11.104A.180
[Title 11 RCW—page 137]
11.104A.190
Title 11 RCW: Probate and Trust Law
income four percent of the total value of the interests of the
trustee in the plan, annuity, or similar payment according to
the most recent statement of value preceding the beginning of
the accounting period and the balance to principal.
(d) Except as otherwise provided in subsection (e) of this
section, subsections (f) and (g) of this section apply, and subsections (b) and (c) of this section do not apply, in determining the allocation of a payment made from a separate fund to:
(1) A trust to which an election to qualify for a marital
deduction under 26 U.S.C. Sec. 2056(b)(7) of the federal
internal revenue code of 1986, as amended as of July 26,
2009, has been made; or
(2) A trust that qualifies for the marital deduction under
26 U.S.C. Sec. 2056(b)(5) of the federal internal revenue
code of 1986, as amended as of July 26, 2009.
(e) Subsections (d), (f), and (g) of this section do not
apply if and to the extent that the series of payments would,
without the application of subsection (d) of this section, qualify for the marital deduction under 26 U.S.C. Sec.
2056(b)(7)(C) of the federal internal revenue code of 1986, as
amended as of July 26, 2009.
(f) A trustee shall determine the internal income of each
separate fund for the accounting period as if the separate fund
were a trust subject to this section. Upon request of the surviving spouse, the trustee shall demand that the person
administering the separate fund distribute the internal income
to the trust. The trustee shall allocate a payment from the
separate fund to income to the extent of the internal income
of the separate fund and distribute that amount to the surviving spouse. The trustee shall allocate the balance of the payment to principal. Upon request of the surviving spouse, the
trustee shall allocate principal to income to the extent the
internal income of the separate fund exceeds payments made
from the separate fund to the trust during the accounting
period.
(g) If a trustee cannot determine the internal income of a
separate fund but can determine the value of the separate
fund, the internal income of the separate fund is deemed to
equal four percent of the fund’s value, according to the most
recent statement of value preceding the beginning of the
accounting period. If the trustee can determine neither the
internal income of the separate fund nor the fund’s value, the
internal income of the fund is deemed to equal the product of
the interest rate and the present value of the expected future
payments, as determined under 26 U.S.C. Sec. 7520 of the
federal internal revenue code of 1986, as amended as of July
26, 2009, for the month preceding the accounting period for
which the computation is made.
(h) This section does not apply to a payment to which
RCW 11.104A.190 applies. [2009 c 365 § 1; 2002 c 345 §
409.]
11.104A.190 Liquidating asset. (a) In this section,
"liquidating asset" means an asset whose value will diminish
or terminate because the asset is expected to produce receipts
for a period of limited duration. The term includes a leasehold, patent, copyright, royalty right, and right to receive
payments during a period of more than one year under an
arrangement that does not provide for the payment of interest
on the unpaid balance. The term does not include a payment
subject to RCW 11.104A.180, resources subject to RCW
11.104A.190
[Title 11 RCW—page 138]
11.104A.200, timber subject to RCW 11.104A.210, an activity subject to RCW 11.104A.230, an asset subject to RCW
11.104A.240, or any asset for which the trustee establishes a
reserve for depreciation under RCW 11.104A.270.
(b) A trustee shall allocate to income ten percent of the
receipts from a liquidating asset and the balance to principal.
[2002 c 345 § 410.]
11.104A.200 Minerals, water, and other natural
resources. (a) To the extent that a trustee accounts for
receipts from an interest in minerals or other natural
resources pursuant to this section, the trustee shall allocate
them as follows:
(1) If received as nominal delay rental or nominal annual
rent on a lease, a receipt must be allocated to income;
(2) If received from a production payment, a receipt must
be allocated to income if and to the extent that the agreement
creating the production payment provides a factor for interest
or its equivalent. The balance must be allocated to principal;
(3) If an amount received as a royalty, shut-in-well payment, take-or-pay payment, bonus, or delay rental is more
than nominal, ninety percent must be allocated to principal
and the balance to income; or
(4) If an amount is received from a working interest or
any other interest not provided for in (1), (2), or (3) of this
subsection, ninety percent of the net amount received must be
allocated to principal and the balance to income.
(b) An amount received on account of an interest in
water that is renewable must be allocated to income. If the
water is not renewable, ninety percent of the amount must be
allocated to principal and the balance to income.
(c) This chapter applies whether or not a decedent or
donor was extracting minerals, water, or other natural
resources before the interest became subject to the trust.
(d) If a trust owns an interest in minerals, water, or other
natural resources on January 1, 2003, the trustee may allocate
receipts from the interest as provided in this chapter or in the
manner used by the trustee before January 1, 2003. If the trust
acquires an interest in minerals, water, or other natural
resources after January 1, 2003, the trustee shall allocate
receipts from the interest as provided in this chapter. [2002 c
345 § 411.]
11.104A.200
11.104A.210 Timber. (a) To the extent that a trustee
accounts for receipts from the sale of timber and related products pursuant to this section, the trustee shall allocate the net
receipts:
(1) To income to the extent that the amount of timber
removed from the land does not exceed the rate of growth of
the timber during the accounting periods in which a beneficiary has a mandatory income interest;
(2) To principal to the extent that the amount of timber
removed from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber;
(3) To or between income and principal if the net
receipts are from the lease of timberland or from a contract to
cut timber from land owned by a trust, by determining the
amount of timber removed from the land under the lease or
contract and applying the rules in (1) and (2) of this subsection; or
11.104A.210
(2010 Ed.)
Washington Principal and Income Act of 2002
(4) To principal to the extent that advance payments,
bonuses, and other payments are not allocated pursuant to
(1), (2), or (3) of this subsection.
(b) In determining net receipts to be allocated pursuant to
subsection (a) of this section, a trustee shall deduct and transfer to principal a reasonable amount for depletion.
(c) This chapter applies whether or not a decedent or
transferor was harvesting timber from the property before it
became subject to the trust.
(d) If a trust owns an interest in timberland on January 1,
2003, the trustee may allocate net receipts from the sale of
timber and related products as provided in this chapter or in
the manner used by the trustee before January 1, 2003. If the
trust acquires an interest in timberland after January 1, 2003,
the trustee shall allocate net receipts from the sale of timber
and related products as provided in this chapter. [2002 c 345
§ 412.]
11.104A.220 Property not productive of income. (a)
If a marital deduction is allowed for all or part of a trust
whose assets consist substantially of property that does not
provide the spouse with sufficient income from or use of the
trust assets, and if the amounts that the trustee transfers from
principal to income under RCW 11.104A.020 and distributes
to the spouse from principal pursuant to the terms of the trust
are insufficient to provide the spouse with the beneficial
enjoyment required to obtain the marital deduction, the
spouse may require the trustee to make property productive
of income, convert property within a reasonable time, or
exercise the power conferred by RCW 11.104A.020(a). The
trustee may decide which action or combination of actions to
take.
(b) In cases not governed by subsection (a) of this section, proceeds from the sale or other disposition of an asset
are principal without regard to the amount of income the asset
produces during any accounting period. [2002 c 345 § 413.]
11.104A.220
11.104A.230 Derivatives and options. (a) In this section, "derivative" means a contract or financial instrument or
a combination of contracts and financial instruments which
gives a trust the right or obligation to participate in some or
all changes in the price of a tangible or intangible asset or
group of assets, or changes in a rate, an index of prices or
rates, or other market indicator for an asset or a group of
assets.
(b) To the extent that a trustee does not account under
RCW 11.104A.120 for transactions in derivatives, the trustee
shall allocate to principal receipts from and disbursements
made in connection with those transactions.
(c) If a trustee grants an option to buy property from the
trust, whether or not the trust owns the property when the
option is granted, grants an option that permits another person to sell property to the trust, or acquires an option to buy
property for the trust or an option to sell an asset owned by
the trust, and the trustee or other owner of the asset is
required to deliver the asset if the option is exercised, an
amount received for granting the option must be allocated to
principal. An amount paid to acquire the option must be paid
from principal. A gain or loss realized upon the exercise of an
option, including an option granted to a settlor of the trust for
11.104A.230
(2010 Ed.)
11.104A.260
services rendered, must be allocated to principal. [2002 c 345
§ 414.]
11.104A.240 Asset-backed securities. (a) In this section, "asset-backed security" means an asset whose value is
based upon the right it gives the owner to receive distributions from the proceeds of financial assets that provide collateral for the security. The term includes an asset that gives the
owner the right to receive from the collateral financial assets
only the interest or other current return or only the proceeds
other than interest or current return. The term does not
include an asset to which RCW 11.104A.100 or 11.104A.180
applies.
(b) If a trust receives a payment from interest or other
current return and from other proceeds of the collateral financial assets, the trustee shall allocate to income the portion of
the payment which the payer identifies as being from interest
or other current return and shall allocate the balance of the
payment to principal.
(c) If a trust receives one or more payments in exchange
for the trust’s entire interest in an asset-backed security in one
accounting period, the trustee shall allocate the payments to
principal. If a payment is one of a series of payments that will
result in the liquidation of the trust’s interest in the security
over more than one accounting period, the trustee shall allocate ten percent of the payment to income and the balance to
principal. [2002 c 345 § 415.]
11.104A.240
ARTICLE 5
ALLOCATION OF DISBURSEMENTS DURING
ADMINISTRATION OF TRUST
11.104A.250 Disbursements from income. A trustee
shall make the following disbursements from income to the
extent that they are not disbursements to which RCW
11.104A.050(2) (ii) or (iii) applies:
(1) One-half of the regular compensation of the trustee
and of any person providing investment advisory or custodial
services to the trustee;
(2) One-half of all expenses for accountings, judicial
proceedings, or other matters that involve both the income
and remainder interests;
(3) All of the other ordinary expenses incurred in connection with the administration, management, or preservation
of trust property and the distribution of income, including
interest, ordinary repairs, regularly recurring taxes assessed
against principal, and expenses of a proceeding or other matter that concerns primarily the income interest; and
(4) Recurring premiums on insurance covering the loss
of a principal asset or the loss of income from or use of the
asset. [2002 c 345 § 501.]
11.104A.250
11.104A.260 Disbursements from principal. (a) A
trustee shall make the following disbursements from principal:
(1) The remaining one-half of the disbursements
described in RCW 11.104A.250 (1) and (2);
(2) All of the trustee’s compensation calculated on principal as a fee for acceptance, distribution, or termination, and
disbursements made to prepare property for sale;
11.104A.260
[Title 11 RCW—page 139]
11.104A.270
Title 11 RCW: Probate and Trust Law
(3) Payments on the principal of a trust debt;
(4) Expenses of a proceeding that concerns primarily
principal, including a proceeding to construe the trust or to
protect the trust or its property;
(5) Premiums paid on a policy of insurance not described
in RCW 11.104A.250(4) of which the trust is the owner and
beneficiary;
(6) Estate, inheritance, and other transfer taxes, including penalties, apportioned to the trust; and
(7) Disbursements related to environmental matters,
including reclamation, assessing environmental conditions,
remedying and removing environmental contamination,
monitoring remedial activities and the release of substances,
preventing future releases of substances, collecting amounts
from persons liable or potentially liable for the costs of those
activities, penalties imposed under environmental laws or
regulations and other payments made to comply with those
laws or regulations, statutory or common law claims by third
parties, and defending claims based on environmental matters.
(b) If a principal asset is encumbered with an obligation
that requires income from that asset to be paid directly to the
creditor, the trustee shall transfer from principal to income an
amount equal to the income paid to the creditor in reduction
of the principal balance of the obligation.
(c) For disbursements not covered in this section or
RCW 11.104A.250, see RCW 11.104A.110(a)(4). [2002 c
345 § 502.]
11.104A.270
11.104A.270 Transfers from income to principal for
depreciation. (a) In this section, "depreciation" means a
reduction in value due to wear, tear, decay, corrosion, or
gradual obsolescence of a fixed asset having a useful life of
more than one year.
(b) A trustee may transfer to principal a reasonable
amount of the net cash receipts from a principal asset that is
subject to depreciation, but may not transfer any amount for
depreciation:
(1) Of that portion of real property used or available for
use by a beneficiary as a residence or of tangible personal
property held or made available for the personal use or enjoyment of a beneficiary; or
(2) Under this section if the trustee is accounting under
RCW 11.104A.120 for the business or activity in which the
asset is used.
(c) An amount transferred to principal need not be held
as a separate fund. [2002 c 345 § 503.]
11.104A.280
11.104A.280 Transfers from income to reimburse
principal. (a) If a trustee makes or expects to make a principal disbursement described in this section, the trustee may
transfer an appropriate amount from income to principal in
one or more accounting periods to reimburse principal or to
provide a reserve for future principal disbursements.
(b) Principal disbursements to which subsection (a) of
this section applies include the following, but only to the
extent that the trustee has not been and does not expect to be
reimbursed by a third party:
[Title 11 RCW—page 140]
(1) An amount chargeable to income but paid from principal because it is unusually large, including extraordinary
repairs;
(2) A capital improvement to a principal asset, whether
in the form of changes to an existing asset or the construction
of a new asset, including special assessments;
(3) Disbursements made to prepare property for rental,
including tenant allowances, leasehold improvements, and
broker’s commissions;
(4) Periodic payments on an obligation secured by a
principal asset to the extent that the amount transferred from
income to principal for depreciation is less than the periodic
payments; and
(5)
Disbursements
described
in
RCW
11.104A.260(a)(7).
(c) If the asset whose ownership gives rise to the disbursements becomes subject to a successive income interest
after an income interest ends, a trustee may continue to transfer amounts from income to principal as provided in subsection (a) of this section. [2002 c 345 § 504.]
11.104A.290 Income taxes. (a) A tax required to be
paid by a trustee based on receipts allocated to income must
be paid from income.
(b) A tax required to be paid by a trustee based on
receipts allocated to principal must be paid from principal,
even if the tax is called an income tax by the taxing authority.
(c) A tax required to be paid by a trustee on the trust’s
share of an entity’s taxable income must be paid proportionately:
(1) From income to the extent that receipts from the
entity are allocated to income; and
(2) From principal to the extent that:
(i) Receipts from the entity are allocated to principal; and
(ii) The trust’s share of the entity’s taxable income
exceeds the total receipts described in (1) and (2)(i) of this
subsection.
(d) For purposes of this section, receipts allocated to
principal or income must be reduced by the amount distributed to a beneficiary from principal or income for which the
trust receives a deduction in calculating the tax. [2002 c 345
§ 505.]
11.104A.290
11.104A.300 Adjustments between principal and
income because of taxes. (a) A fiduciary may make adjustments between principal and income to offset the shifting of
economic interests or tax benefits between income beneficiaries and remainder beneficiaries which arise from:
(1) Elections and decisions, other than those described in
subsection (b) of this section, that the fiduciary makes from
time to time regarding tax matters;
(2) An income tax or any other tax that is imposed upon
the fiduciary or a beneficiary as a result of a transaction
involving or a distribution from the estate or trust; or
(3) The ownership by an estate or trust of an interest in
an entity whose taxable income, whether or not distributed, is
includable in the taxable income of the estate, trust, or a beneficiary.
(b) If the amount of an estate tax marital deduction or
charitable contribution deduction is reduced because a fidu11.104A.300
(2010 Ed.)
Trustees’ Accounting Act
ciary deducts an amount paid from principal for income tax
purposes instead of deducting it for estate tax purposes, and
as a result estate taxes paid from principal are increased and
income taxes paid by an estate, trust, or beneficiary are
decreased, each estate, trust, or beneficiary that benefits from
the decrease in income tax shall reimburse the principal from
which the increase in estate tax is paid. The total reimbursement must equal the increase in the estate tax to the extent
that the principal used to pay the increase would have qualified for a marital deduction or charitable contribution deduction but for the payment. The proportionate share of the reimbursement for each estate, trust, or beneficiary whose income
taxes are reduced must be the same as its proportionate share
of the total decrease in income tax. An estate or trust shall
reimburse principal from income. [2002 c 345 § 506.]
ARTICLE 6
MISCELLANEOUS PROVISIONS
11.104A.900
11.104A.900 Uniformity of application and construction. In applying and construing chapter 345, Laws of 2002,
consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states
that enact similar laws. [2002 c 345 § 602.]
11.106.020
11.104A.906 Transitional matters. RCW
11 .1 04 A.1 80 ap plies to a trus t d escribed in RCW
11.104A.180(d) on and after the following dates:
(a) If the trust is not funded as of July 26, 2009, the date
of the decedent’s death.
(b) If the trust is initially funded in the calendar year
beginning January 1, 2009, the date of the decedent’s death.
(c) If the trust is not described in subsection (a) or (b) of
this section, January 1, 2009. [2009 c 365 § 2.]
11.104A.906
11.104A.907 Construction—Chapter applicable to
state registered domestic partnerships—2009 c 521. For
the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family
shall be interpreted as applying equally to state registered
domestic partnerships or individuals in state registered
domestic partnerships as well as to marital relationships and
married persons, and references to dissolution of marriage
shall apply equally to state registered domestic partnerships
that have been terminated, dissolved, or invalidated, to the
extent that such interpretation does not conflict with federal
law. Where necessary to implement chapter 521, Laws of
2009, gender-specific terms such as husband and wife used in
any statute, rule, or other law shall be construed to be gender
neutral, and applicable to individuals in state registered
domestic partnerships. [2009 c 521 § 40.]
11.104A.907
11.104A.901
11.104A.901 Application of chapter 11.96A RCW.
Nothing in chapter 345, Laws of 2002 is intended to restrict
the application of chapter 11.96A RCW to issues, questions,
or disputes that arise under or that relate to chapter 345, Laws
of 2002. Any and all such issues, questions, or disputes shall
be resolved judicially or nonjudicially under chapter 11.96A
RCW. [2002 c 345 § 603.]
11.104A.902
11.104A.902 Severability—2002 c 345. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [2002 c 345 § 604.]
Chapter 11.106
Chapter 11.106 RCW
TRUSTEES’ ACCOUNTING ACT
Sections
11.106.010
11.106.020
11.106.030
11.106.040
11.106.050
11.106.060
11.106.070
11.106.080
11.106.090
11.106.100
11.106.110
Scope of chapter—Exceptions.
Trustee’s annual statement.
Intermediate and final accounts—Contents—Filing.
Petition for statement of account.
Account filed—Return day—Notice.
Account filed—Objections—Appointment of guardians ad
litem—Representatives.
Court to determine accuracy, validity—Decree.
Effect of decree.
Appeal from decree.
Waiver of accounting by beneficiary.
Modification under chapter 11.97 RCW—How constituted.
11.104A.903
11.104A.903 Captions, article and part headings not
law—2002 c 345. Captions, article headings, and part headings used in *this chapter are not any part of the law. [2002 c
345 § 605.]
*Reviser’s note: "This chapter" is an inaccurate reference, change to
"chapter 345, Laws of 2002."
11.104A.904
11.104A.904 Effective date—2002 c 345. This act
takes effect January 1, 2003. [2002 c 345 § 606.]
11.104A.905
11.104A.905 Application of act to existing trusts and
estates. Except as specifically provided otherwise in the
terms of a trust or a will, chapter 345, Laws of 2002 shall
apply to any receipt or expense received or incurred on or
after January 1, 2003, by any trust or decedent’s estate,
whether established before, on, or after January 1, 2003, and
whether the asset involved was acquired by the fiduciary
before, on, or after January 1, 2003. [2002 c 345 § 607.]
(2010 Ed.)
11.106.010 Scope of chapter—Exceptions. This chapter does not apply to resulting trusts, constructive trusts, business trusts where certificates of beneficial interest are issued
to the beneficiaries, investment trusts, voting trusts, insurance trusts prior to the death of the insured, trusts in the
nature of mortgages or pledges, trusts created by judgment or
decree of a federal court or of the superior court when not sitting in probate, liquidation trusts or trusts for the sole purpose
of paying dividends, interest or interest coupons, salaries,
wages or pensions; nor does this chapter apply to personal
representatives. [1985 c 30 § 95. Prior: 1984 c 149 § 128;
1955 c 33 § 30.30.010; prior: 1951 c 226 § 10. Formerly
RCW 30.30.010.]
11.106.010
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.106.020 Trustee’s annual statement. The trustee or
trustees appointed by any will, deed, or agreement executed
11.106.020
[Title 11 RCW—page 141]
11.106.030
Title 11 RCW: Probate and Trust Law
shall mail or deliver at least annually to each adult income
trust beneficiary a written itemized statement of all current
receipts and disbursements made by the trustee of the funds
of the trust both principal and income, and upon the request
of any such beneficiary shall furnish the beneficiary an itemized statement of all property then held by that trustee, and
may also file any such statement in the superior court of the
county in which the trustee or one of the trustees resides.
[1985 c 30 § 96. Prior: 1984 c 149 § 129; 1955 c 33 §
30.30.020; prior: 1951 c 226 § 2. Formerly RCW 30.30.020.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Trust provisions may relieve trustee from duty, restriction, or liability
imposed by statute: RCW 11.97.010.
Additional notes found at www.leg.wa.gov
11.106.030 Intermediate and final accounts—Contents—Filing. In addition to the statement required by RCW
11.106.020 any such trustee or trustees whenever it or they so
desire, may file in the superior court of the county in which
the trustees or one of the trustees resides an intermediate
account under oath showing:
(1) The period covered by the account;
(2) The total principal with which the trustee is chargeable according to the last preceding account or the inventory
if there is no preceding account;
(3) An itemized statement of all principal funds received
and disbursed during such period;
(4) An itemized statement of all income received and
disbursed during such period, unless waived;
(5) The balance of such principal and income remaining
at the close of such period and how invested;
(6) The names and addresses of all living beneficiaries,
including contingent beneficiaries, of the trust, and a statement as to any such beneficiary known to be under legal disability;
(7) A description of any possible unborn or unascertained beneficiary and his or her interest in the trust fund.
After the time for termination of the trust has arrived, the
trustee or trustees may also file a final account in similar
manner. [2010 c 8 § 2092; 1985 c 30 § 97. Prior: 1984 c 149
§ 130; 1955 c 33 § 30.30.030; prior: 1951 c 226 § 3. Formerly RCW 30.30.030.]
11.106.030
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.106.040 Petition for statement of account. At any
time after the later of one year from the inception of the trust
or one year after the day on which a report was last filed, any
settlor or beneficiary of a trust may file a petition under RCW
11.96A.080 with the superior court in the county where the
trustee or one of the trustees resides asking the court to direct
the trustee or trustees to file in the court an account. At the
hearing on such petition the court may order the trustee to file
an account for good cause shown. [1999 c 42 § 627; 1985 c
30 § 98. Prior: 1984 c 149 § 131; 1955 c 33 § 30.30.040;
prior: 1951 c 226 § 4. Formerly RCW 30.30.040.]
11.106.040
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
[Title 11 RCW—page 142]
11.106.050 Account filed—Return day—Notice.
When any account has been filed pursuant to RCW
11.106.030 or 11.106.040, the clerk of the court where filed
shall fix a return day therefor as provided in RCW
11.96A.100(4) and issue a notice. The notice shall state the
time and place for the return date, the name or names of the
trustee or trustees who have filed the account, that the
account has been filed, that the court is asked to settle the
account, and that any objections or exceptions to the account
must be filed with the clerk of the court on or before the
return date. The notice shall be given as provided for notices
under RCW 11.96A.110. [1999 c 42 § 628; 1985 c 30 § 99.
Prior: 1984 c 149 § 132; 1955 c 33 § 30.30.050; prior: 1951
c 226 § 5. Formerly RCW 30.30.050.]
11.106.050
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.106.060 Account filed—Objections—Appointment of guardians ad litem—Representatives. Upon or
before the return date any beneficiary of the trust may file the
beneficiary’s written objections or exceptions to the account
filed or to any action of the trustee or trustees set forth in the
account. The court shall appoint guardians ad litem as provided in RCW 11.96A.160 and the court may allow representatives to be appointed under RCW 11.96A.120 or
11.96A.250 to represent the persons listed in those sections.
[1999 c 42 § 629; 1985 c 30 § 100. Prior: 1984 c 149 § 133;
1977 ex.s. c 80 § 31; 1955 c 33 § 30.30.060; prior: 1951 c
226 § 6. Formerly RCW 30.30.060.]
11.106.060
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Additional notes found at www.leg.wa.gov
11.106.070 Court to determine accuracy, validity—
Decree. Upon the return date or at some later date fixed by
the court if so requested by one or more of the parties, the
court without the intervention of a jury and after hearing all
the evidence submitted shall determine the correctness of the
account and the validity and propriety of all actions of the
trustee or trustees set forth in the account including the purchase, retention, and disposition of any of the property and
funds of the trust, and shall render its decree either approving
or disapproving the account or any part of it, and surcharging
the trustee or trustees for all losses, if any, caused by negligent or wilful breaches of trust. [1985 c 30 § 101. Prior:
1984 c 149 § 134; 1955 c 33 § 30.30.070; prior: 1951 c 226
§ 7. Formerly RCW 30.30.070.]
11.106.070
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.106.080 Effect of decree. The decree rendered
under RCW 11.106.070 shall be deemed final, conclusive,
and binding upon all the parties interested including all
incompetent, unborn, and unascertained beneficiaries of the
trust subject only to the right of appeal under RCW
11.106.090. [1985 c 30 § 102. Prior: 1984 c 149 § 135; 1955
11.106.080
(2010 Ed.)
Miscellaneous Provisions for Distributions Made by a Governing Instrument
c 33 § 30.30.080; prior: 1951 c 226 § 8. Formerly RCW
30.30.080.]
11.108.080
11.108.090
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.108.900
11.108.901
Additional notes found at www.leg.wa.gov
11.108.020
Generation-skipping transfer tax—Federal law application.
Generation-skipping transfer tax—Dispute resolution of federal law application.
Application of chapter—Application of 2006 c 360.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
11.108.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) The term "pecuniary bequest" means a gift in a governing instrument which either is expressly stated as a fixed
dollar amount or is a gift of a dollar amount determinable by
the governing instrument, and a gift expressed in terms of a
"sum" or an "amount," unless the context dictates otherwise,
is a gift of a dollar amount.
(2) As the context might require, the term "marital
deduction" means either the federal or state estate tax deduction or the federal gift tax deduction allowed for transfers to
spouses under the Internal Revenue Code or applicable state
law.
(3) The term "maximum marital deduction" means the
maximum amount qualifying for the marital deduction.
(4) The term "marital deduction gift" means a gift
intended to qualify for the marital deduction as indicated by a
preponderance of the evidence including the governing
instrument and extrinsic evidence whether or not the governing instrument is found to be ambiguous.
(5) The term "governing instrument" includes, but is not
limited to: Will and codicils; revocable trusts and amendments or addenda to revocable trusts; irrevocable trusts; beneficiary designations under life insurance policies, annuities,
employee benefit plans, and individual retirement accounts;
payable-on-death, trust, or joint with right of survivorship
bank or brokerage accounts; transfer on death designations or
transfer on death or pay on death securities; and documents
exercising powers of appointment.
(6) The term "fiduciary" means trustee or personal representative. Reference to a fiduciary in the singular includes
the plural where the context requires.
(7) The term "gift" refers to all gifts, legacies, devises,
and bequests made in a governing instrument, whether outright or in trust, and whether made during the life of the transferor or as a result of the transferor’s death.
(8) The term "transferor" means the testator, donor,
grantor, or other person making a gift.
(9) The term "spouse" includes the transferor’s surviving
spouse in the case of a deceased transferor. [2006 c 360 § 3;
1997 c 252 § 81; 1993 c 73 § 2; 1990 c 224 § 2; 1988 c 64 §
27; 1985 c 30 § 106. Prior: 1984 c 149 § 140.]
11.108.010
11.106.090 Appeal from decree. The decree rendered
under RCW 11.106.070 shall be a final order from which any
party in interest may appeal as in civil actions to the supreme
court or the court of appeals of the state of Washington.
[1985 c 30 § 103. Prior: 1984 c 149 § 136; 1971 c 81 § 80;
1955 c 33 § 30.30.090; prior: 1951 c 226 § 9. Formerly RCW
30.30.090.]
11.106.090
Rules of court: Method of appellate review superseded by RAP 2.2(a)(3),
18.22.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.106.100 Waiver of accounting by beneficiary.
Any adult beneficiary entitled to an accounting under either
RCW 11.106.020 or 11.106.030 may waive such an accounting by a separate instrument delivered to the trustee. [1985 c
30 § 104. Prior: 1984 c 149 § 137; 1955 c 33 § 30.30.100;
prior: 1951 c 226 § 11. Formerly RCW 30.30.100.]
11.106.100
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.106.110 Modification under chapter 11.97
RCW—How constituted. This chapter is declared to be of
similar import to the uniform trustees’ accounting act. Any
modification under chapter 11.97 RCW, including waiver, of
the requirements of this chapter in any will, deed, or agreement heretofore or hereafter executed shall be given effect
whether the waiver refers to the uniform trustees’ accounting
act by name or other reference or to any other act of like or
similar import. [1985 c 30 § 105. Prior: 1984 c 149 § 138;
1955 c 33 § 30.30.110; prior: 1951 c 226 § 12. Formerly
RCW 30.30.110.]
11.106.110
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
Chapter 11.108
Chapter 11.108 RCW
MISCELLANEOUS PROVISIONS FOR
DISTRIBUTIONS MADE BY A
GOVERNING INSTRUMENT
(Formerly: Trust gift distribution)
Sections
11.108.010
11.108.020
11.108.025
11.108.030
11.108.040
11.108.050
11.108.060
11.108.070
(2010 Ed.)
Definitions.
Marital deduction gift—Compliance with Internal Revenue
Code—Fiduciary powers.
Election to qualify property for the marital deduction—Generation-skipping transfer tax allocations.
Pecuniary bequests—Valuation of assets if distribution other
than money.
Construction of certain marital deduction formula bequests.
Marital deduction gift in trust.
Marital deduction gift—Survivorship requirement—Limits—
Property to be held in trust.
Presumptions for the interpretation, construction, and administration of governing instrument.
Clarification of laws—Enforceability of act—Severability—2006 c
360: See notes following RCW 11.108.070.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.108.020 Marital deduction gift—Compliance with
Internal Revenue Code—Fiduciary powers. (1) If a governing instrument contains a marital deduction gift, the governing instrument shall be construed to comply with the marital deduction provisions of the Internal Revenue Code in
every respect.
11.108.020
[Title 11 RCW—page 143]
11.108.025
Title 11 RCW: Probate and Trust Law
(2) If a governing instrument contains a marital deduction gift, any fiduciary operating under the governing instrument has all the powers, duties, and discretionary authority
necessary to comply with the marital deduction provisions of
the Internal Revenue Code. The fiduciary shall not take any
action or have any power that may impair that deduction, but
this does not require the fiduciary to make the elections under
either section 2056(b)(7) or 2523(f) of the Internal Revenue
Code that is referred to in RCW 11.108.025. [1997 c 252 §
82; 1993 c 73 § 3; 1988 c 64 § 28; 1985 c 30 § 107. Prior:
1984 c 149 § 141.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.108.025
11.108.025 Election to qualify property for the marital deduction—Generation-skipping transfer tax allocations. Unless a governing instrument directs to the contrary:
(1) The fiduciary shall have the power to make elections,
in whole or in part, to qualify property for the marital deduction as qualified terminable interest property under section
2056(b)(7) or 2523(f) of the Internal Revenue Code or, if the
surviving spouse is not a citizen of the United States, under
section 2056A of the Internal Revenue Code. Further, the
fiduciary shall have the power to make generation-skipping
transfer tax allocations under section 2632 of the Internal
Revenue Code.
(2) The fiduciary making an election under section
2056(b)(7), 2523(f), or 2056A of the Internal Revenue Code
or making an allocation under section 2632 of the Internal
Revenue Code may benefit personally from the election or
allocation, with no duty to reimburse any other person interested in the election or allocation. The fiduciary shall have
no duty to make any equitable adjustment and shall have no
duty to treat interested persons impartially in respect of the
election or allocation.
(3) The fiduciary of a trust, if an election is made under
section 2056(b)(7), 2523(f), or 2056A of the Internal Revenue Code, if an allocation is made under section 2632 of the
Internal Revenue Code, or if division of a trust is of benefit to
the persons interested in the trust, may divide the trust into
two or more separate trusts, of equal or unequal value, if:
(a) The terms of the separate trusts which result are substantially identical to the terms of the trust before division;
(b) In the case of a trust otherwise qualifying for the marital deduction under the Internal Revenue Code, the division
shall not prevent a separate trust for which the election is
made from qualifying for the marital deduction; and
(c) The allocation of assets shall be based upon the fair
market value of the assets at the time of the division.
(4) For state and federal estate tax purposes, a fiduciary
may make inconsistent elections under section 2056(b)(7) or
2056A of the Internal Revenue Code and under similar provisions of applicable state law. [2006 c 360 § 5; 1997 c 252 §
83; 1993 c 73 § 4; 1991 c 6 § 1; 1990 c 179 § 2; 1988 c 64 §
29.]
Clarification of laws—Enforceability of act—Severability—2006 c
360: See notes following RCW 11.108.070.
Additional notes found at www.leg.wa.gov
[Title 11 RCW—page 144]
11.108.030 Pecuniary bequests—Valuation of assets
if distribution other than money. (1) If a governing instrument authorizes the fiduciary to satisfy a pecuniary bequest
in whole or in part by distribution of property other than
money, the assets selected for that purpose shall be valued at
their respective fair market values on the date or dates of distribution, unless the governing instrument expressly provides
otherwise. If the governing instrument permits the fiduciary
to value the assets selected for the distribution as of a date
other than the date or dates of distribution, then, unless the
governing instrument expressly provides otherwise, the
assets selected by the fiduciary for that purpose shall have an
aggregate fair market value on the date or dates of distribution which, when added to any cash distributed, will amount
to no less than the amount of that gift as stated in, or determined by, the governing instrument.
(2) A marital deduction gift shall be satisfied only with
assets that qualify for those deductions. [1985 c 30 § 108.
Prior: 1984 c 149 § 142.]
11.108.030
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.108.040 Construction of certain marital deduction
formula bequests. (1) If a testator, under the terms of a governing instrument executed prior to September 12, 1981,
leaves outright to or in trust for the benefit of that testator’s
surviving spouse an amount or fractional share of that testator’s estate or a trust estate expressed in terms of one-half of
that testator’s federal adjusted gross estate, or by any other
reference to the maximum estate tax marital deduction allowable under federal law without referring, either in that governing instrument or in any codicil or amendment thereto,
specifically to the unlimited federal estate tax marital deduction enacted as part of the economic recovery tax act of 1981,
such expression shall, unless subsection (2) or (3) of this section applies, be construed as referring to the unlimited federal
estate tax marital deduction, and also as expressing such
amount or fractional share, as the case may be, in terms of the
minimum amount which will cause the least possible amount
of federal estate tax to be payable as a result of the testator’s
death, taking into account other property passing to the surviving spouse that qualifies for the marital deduction, at the
value at which it qualifies, and also taking into account all
credits against the federal estate tax, but only to the extent
that the use of these credits do not increase the death tax payable.
(2) If this subsection applies to a testator, such expression shall be construed as referring to the estate tax marital
deduction allowed by federal law immediately prior to the
enactment of the unlimited estate tax marital deduction as a
part of the economic recovery tax act of 1981. This subsection applies if subsection (3) of this section does not apply
and:
(a) The application of this subsection to the testator will
not cause an increase in the federal estate taxes payable as a
result of the testator’s death over the amount of such taxes
which would be payable if subsection (1) of this section
applied; or
(b) The testator is survived by a blood or adopted
descendant who is not also a blood or adopted descendant of
11.108.040
(2010 Ed.)
Miscellaneous Provisions for Distributions Made by a Governing Instrument
the testator’s surviving spouse, unless such person or persons
have entered into an agreement under RCW 11.96A.220; or
(c) The testator amended the governing instrument containing such expression after December 31, 1981, without
amending such expression to refer expressly to the unlimited
federal estate tax marital deduction.
(3) If the governing instrument contains language
expressly stating that federal law of a particular time prior to
January 1, 1982, is to govern the construction or interpretation of such expression, the expression shall be construed as
referring to the marital deduction allowable under federal law
in force and effect as of that time.
(4) If subsection (2) or (3) of this section applies to the
testator, the expression shall not be construed as referring to
any property that the personal representative of the testator’s
estate or other authorized fiduciary elects to qualify for the
federal estate tax marital deduction as qualified terminable
interest property. If subsection (1) of this section applies to
the testator, any provision shall be construed as referring to
any property that the personal representative of the testator’s
estate or other authorized fiduciary elects to qualify for the
federal estate tax marital deduction as qualified terminable
interest property, but only to the extent that such construction
does not cause the amount or fractional share left to or for the
benefit of the surviving spouse to be reduced below the
amount that would pass under subsection (2) or (3) of this
section, whichever is applicable.
(5) This section is effective with respect to testators
dying after December 31, 1982. [1999 c 42 § 630; 1985 c 30
§ 109. Prior: 1984 c 149 § 143.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.108.050 Marital deduction gift in trust. If a governing instrument contains a marital deduction gift in trust,
then in addition to the other provisions of this chapter, each of
the following applies to the trust to the extent necessary to
qualify the gift for the marital deduction:
(1) If the transferor’s spouse is a citizen of the United
States at the time of the transfer:
(a) The transferor’s spouse is entitled to all of the income
from the trust, payable annually or at more frequent intervals,
during the spouse’s life;
(b) During the life of the transferor’s spouse, a person
may not appoint or distribute any part of the trust property to
a person other than the transferor’s spouse;
(c) The transferor’s spouse may compel the trustee of the
trust to make any unproductive property of the trust productive, or to convert the unproductive property into productive
property, within a reasonable time; and
(d) The transferor’s spouse may, alone and in all events,
dispose of all of the trust property, including accrued or
undistributed income, remaining after the spouse’s death
under a testamentary general power of appointment, as
defined in section 2041 of the Internal Revenue Code. However, this subsection (1)(d) does not apply to: (i) A marital
deduction gift in trust which is described in subsection (2) of
this section; (ii) that portion of a marital deduction gift in
trust that has qualified for the marital deduction as a result of
an election under section 2056(b)(7) or 2523(f) of the Internal
11.108.050
(2010 Ed.)
11.108.060
Revenue Code; and (iii) that portion of marital deduction gift
in trust that would have qualified for the marital deduction
but for the fiduciary’s decision not to make the election under
section 2056(b)(7) or 2523(f) of the Internal Revenue Code;
(2) If the transferor’s spouse is not a citizen of the United
States at the time of the transfer, then to the extent necessary
to qualify the gift for the marital deduction, subsection (1)(a),
(b), and (c) of this section and each of the following applies
to the trust:
(a) At least one trustee of the trust must be an individual
citizen of the United States or a domestic corporation, and a
distribution, other than a distribution of income, may not be
made from the trust unless a trustee who is an individual citizen of the United States or a domestic corporation has the
right to withhold from the distribution the tax imposed under
section 2056A of the Internal Revenue Code on the distribution;
(b) The trust must meet such requirements as the secretary of the treasury of the United States by regulations prescribes to ensure collection of estate tax, under section
2056A(b) of the Internal Revenue Code; and
(c) Subsection (2)(a) and (b) of this section no longer
apply to the trust if the transferor’s spouse becomes a citizen
of the United States and: (i) The transferor’s spouse was a
resident of the United States at all times after the transferor’s
death and before becoming a citizen; (ii) tax has not been
imposed on the trust under section 2056A(b)(1)(A) of the
Internal Revenue Code before the transferor’s spouse
becomes a citizen; or (iii) the transferor’s spouse makes an
election under section 2056A(b)(12)(C) of the Internal Revenue Code regarding tax imposed on distributions from the
trust before becoming a citizen; and
(3) Subsection (1) of this section does not apply to:
(a) A trust: (i) That provides for a life estate or term of
years for the exclusive benefit of the transferor’s spouse, with
the remainder payable to the such spouse’s estate; or (ii) created exclusively for the benefit of the estate of the transferor’s spouse; and
(b) An interest of the transferor’s spouse in a charitable
remainder annuity trust or charitable remainder unitrust
described in section 664 of the Internal Revenue Code, if the
transferor’s spouse is the only noncharitable beneficiary.
[1997 c 252 § 84; 1993 c 73 § 5; 1990 c 179 § 3; 1985 c 30 §
110. Prior: 1984 c 149 § 144.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.108.060 Marital deduction gift—Survivorship
requirement—Limits—Property to be held in trust. For
an estate that exceeds the amount exempt from state or federal tax by virtue of the credit under section 2010 of the Internal Revenue Code, if taking into account applicable adjusted
taxable gifts as defined in section 2001(b) of the Internal
Revenue Code, any marital deduction gift that is conditioned
upon the transferor’s spouse surviving the transferor for a
period of more than six months, is governed by the following:
(1) A survivorship requirement expressed in the governing instrument in excess of six months or which may exceed
six months, other than survival by a spouse of a common
disaster resulting in the death of the transferor, does not apply
11.108.060
[Title 11 RCW—page 145]
11.108.070
Title 11 RCW: Probate and Trust Law
to property passing under the marital deduction gift, and for
the gift, the survivorship requirement may not exceed the
period ending six months following the transferor’s date of
death, as established under section 2056(b)(3) of the Internal
Revenue Code.
(2) If the property that is the subject of the marital deduction gift is passing or is to be held in trust, as opposed to passing outright, it must be held in a trust meeting the requirements of section 2056(b)(7) of the Internal Revenue Code the
corpus of which must: (a) Pass as though the spouse failed to
survive the transferor if the spouse, in fact, fails to survive the
term specified in the governing instrument; and (b) pass to
the spouse under the terms of the governing instrument if the
spouse, in fact, survives the term specified in the governing
instrument. [2006 c 360 § 6; 1999 c 44 § 1; 1997 c 252 § 86;
1989 c 35 § 1; 1985 c 30 § 111. Prior: 1984 c 149 § 145.]
Clarification of laws—Enforceability of act—Severability—2006 c
360: See notes following RCW 11.108.070.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.108.070 Presumptions for the interpretation, construction, and administration of governing instrument.
(1) The legislature finds that the citizens and residents of the
state, and nonresidents of the state having property located in
Washington, desire to take full advantage of the exemptions,
exclusions, deductions, and credits allowable under the federal estate, gift, income, and generation-skipping transfer
taxes, and the Washington counterparts to those taxes, if any,
unless the facts and circumstances indicate otherwise, or the
transferor has expressed a contrary intent in the governing
instrument.
(2) In interpreting, construing, or administering a governing instrument, absent a clear expression of intent by the
transferor to the contrary, the following presumptions apply
and may only be rebutted by clear, cogent, and convincing
evidence to the contrary, but these presumptions of intent do
not require the making of any particular voluntary tax election:
(a) The transferor intended to take advantage of the maximum benefit of tax deductions, exemptions, exclusions, or
credits;
(b) The transferor intended any gift to a spouse made
outright and free of trust is to qualify for the gift or estate tax
marital deduction and to be a marital deduction gift; and
(c) If the governing instrument refers to a trust as a marital trust, QTIP trust, or spousal trust, or refers to qualified
terminable interest property, QTIP, or QTIP property, sections 2044, 2056, and 2523 of the Internal Revenue Code or
similar provisions of applicable state law, the transferor
intended the property passing to such a trust and the trust to
qualify for the applicable gift or estate tax martial [marital]
deduction, and for the gift to qualify for a marital deduction
gift.
(3) References in this chapter to provisions of the Internal Revenue Code include references to similar provisions, if
any, of applicable state law. [2006 c 360 § 4.]
11.108.070
Clarification of laws—Enforceability of act—2006 c 360: "This act
clarifies and declares the existing laws of this state. This act is enforceable
[Title 11 RCW—page 146]
as to all persons and all trusts regardless of when the trust was created."
[2006 c 360 § 17.]
Severability—2006 c 360: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2006 c 360 § 18.]
11.108.080 Generation-skipping transfer tax—Federal law application. (1) A will or trust of a decedent who
dies after December 31, 2009, and before January 1, 2011, is
deemed to refer to the federal estate and generation-skipping
transfer tax laws as they applied with respect to estates of
decedents dying on December 31, 2009, if the will or trust
contains a formula that:
(a) Refers to any of the following: "Unified credit,"
"estate tax exemption," "applicable exemption amount,"
"applicable credit amount," "applicable exclusion amount,"
"generation-skipping transfer tax exemption," "marital
deduction," "maximum marital deduction," or "unlimited
marital deduction;"
(b) Measures a share of an estate or trust based on the
amount that can pass free of federal estate taxes or the
amount that can pass free of federal generation-skipping
transfer taxes; or
(c) Is otherwise based on a provision of federal estate tax
or federal generation-skipping transfer tax law similar to the
provisions in (a) or (b) of this subsection.
(2) This section is presumed to not apply with respect to
a will or trust that (a) is executed or amended after December
31, 2009, or (b) clearly manifests an intent that a contrary rule
applies in cases where the decedent dies on a date on which
there is no then-applicable federal estate or federal generation-skipping transfer tax and such tax has been permanently
repealed and not merely temporarily repealed for calendar
year 2010.
(3) The reference to January 1, 2011, in this section
refers, if the federal estate and generation-skipping transfer
tax becomes effective before that date, to the first date on
which such tax becomes legally effective.
(4) Construction of a will or trust under this section may
be confirmed pursuant to the procedures set forth in the trust
and estate dispute resolution act in chapter 11.96A RCW.
[2010 c 11 § 2.]
11.108.080
Finding—2010 c 11: "The legislature finds in order to carry out the
intent of decedents in the construction of wills and trusts, and in order to promote judicial economy in the administration of trusts and estates, that it is
necessary to construe certain formula clauses to refer to federal estate and
generation-skipping transfer tax rules applicable to estates of decedents
dying on December 31, 2009." [2010 c 11 § 1.]
Retroactive application—2010 c 11: "The provisions of this act are
effective retroactive to December 31, 2009." [2010 c 11 § 4.]
Application—Construction—2010 c 11: "This act is remedial in
nature and must be applied and construed liberally in order to carry out its
intent." [2010 c 11 § 5.]
Effective date—2010 c 11: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 10, 2010]." [2010 c 11 § 7.]
11.108.090 Generation-skipping transfer tax—Dispute resolution of federal law application. The personal
representative, trustee, or any affected beneficiary under a
will or trust may bring a proceeding under the trust and estate
11.108.090
(2010 Ed.)
Charitable Trusts
dispute resolution act in chapter 11.96A RCW, to determine
whether the decedent intended that the references under
RCW 11.108.080 be construed with respect to the federal law
as it existed after December 31, 2009. Such a proceeding
must be commenced within twelve months following the
death of the testator or grantor, and not thereafter. [2010 c 11
§ 3.]
11.110.075
Finding—Retroactive application—Application—Construction—
Effective date: See notes following RCW 11.108.080.
11.110.125
11.110.130
11.110.140
11.110.200
11.108.900 Application of chapter—Application of
2006 c 360. (1) This chapter applies to all estates, trusts, and
governing instruments in existence on or any time after
March 7, 1984, and to all proceedings with respect thereto
after that date, whether the proceedings commenced before or
after that date, and including distributions made after that
date. This chapter shall not apply to any governing instrument the terms of which expressly or by necessary implication make this chapter inapplicable. The judicial and nonjudicial dispute resolution procedures of chapter 11.96A RCW
apply to this chapter.
(2) Sections 3 through 6, chapter 360, Laws of 2006 are
remedial in nature and shall be liberally applied in order to
achieve the purposes of chapter 360, Laws of 2006. [2006 c
360 § 7; 1999 c 42 § 631; 1985 c 30 § 112. Prior: 1984 c 149
§ 146.]
11.110.090
11.110.100
11.110.110
11.110.120
11.108.900
Clarification of laws—Enforceability of act—Severability—2006 c
360: See notes following RCW 11.108.070.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.108.901 Construction—Chapter applicable to
state registered domestic partnerships—2009 c 521. For
the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family
shall be interpreted as applying equally to state registered
domestic partnerships or individuals in state registered
domestic partnerships as well as to marital relationships and
married persons, and references to dissolution of marriage
shall apply equally to state registered domestic partnerships
that have been terminated, dissolved, or invalidated, to the
extent that such interpretation does not conflict with federal
law. Where necessary to implement chapter 521, Laws of
2009, gender-specific terms such as husband and wife used in
any statute, rule, or other law shall be construed to be gender
neutral, and applicable to individuals in state registered
domestic partnerships. [2009 c 521 § 41.]
11.108.901
Chapter 11.110
Chapter 11.110 RCW
CHARITABLE TRUSTS
Sections
11.110.010
11.110.020
11.110.040
11.110.051
11.110.060
11.110.070
(2010 Ed.)
Purpose of chapter.
Definitions.
Information, documents, and reports are public records—
Inspection—Publication.
Registration of trustee—Requirements—Exception—Application of chapter to nonregistered trustees.
Instrument establishing trust, inventory of assets, registration
status, successor trustee information, and amendments to be
filed.
Tax or information return or report—Filing—Rules—Forms.
11.110.210
11.110.220
11.110.230
11.110.250
11.110.260
11.110.270
11.110.900
11.110.020
Trust not exclusively for charitable purposes—Instrument and
information not public—Access.
Uniformity of chapter with laws of other states.
Investigations by attorney general authorized—Appearance
and production of books, papers, documents, etc., may be
required.
Order to appear—Effect—Enforcement—Appellate review.
Proceedings to secure compliance and proper trust administration—Attorney general to be notified of judicial proceedings
involving charitable trust—Powers and duties additional.
Violations—Refusal to file reports, perform duties, etc.
Violations—Civil action may be prosecuted.
Penalty.
Tax Reform Act of 1969, state implementation—Application
of RCW 11.110.200 through 11.110.260 to certain trusts
defined in federal code.
Tax Reform Act of 1969, state implementation—Trust instruments deemed to contain prohibiting provisions.
Tax Reform Act of 1969, state implementation—Trust instruments deemed to contain certain provisions for distribution.
Tax Reform Act of 1969, state implementation—Rights, powers, of courts, attorney general, not impaired.
Tax Reform Act of 1969, state implementation—Application
to trust created after June 10, 1971, or amendment to existing
trust.
Tax Reform Act of 1969, state implementation—Severability—RCW 11.110.200 through 11.110.260.
Tax Reform Act of 1969, state implementation—Not for profit
corporations.
Severability—1967 ex.s. c 53.
Fees—Charitable trusts—Charitable solicitations: RCW 43.07.125.
11.110.010 Purpose of chapter. The purpose of this
chapter is to facilitate public supervision over the administration of public charitable trusts and similar relationships and
to clarify and implement the powers and duties of the attorney general and the secretary of state with relation thereto.
[1993 c 471 § 25; 1985 c 30 § 113. Prior: 1967 ex.s. c 53 § 1.
Formerly RCW 19.10.010.]
11.110.010
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.110.020 Definitions. When used in this chapter,
unless the context otherwise requires:
"Person" means an individual, organization, group, association, partnership, corporation, or any combination of them.
"Trustee" means (1) any person holding property in trust
for a public charitable purpose; except the United States, its
states, territories, and possessions, the District of Columbia,
Puerto Rico, and their agencies and subdivisions; and (2) a
corporation formed for the administration of a charitable trust
or holding assets subject to limitations permitting their use
only for charitable, religious, eleemosynary, benevolent, educational, or similar purposes: PROVIDED, That the term
"trustee" does not apply to (a) religious corporations duly
organized and operated in good faith as religious organizations, which have received a declaration of current tax
exempt status from the government of the United States; their
duly organized branches or chapters; and charities, agencies,
and organizations affiliated with and forming an integral part
of said organization, or operated, supervised, or controlled
directly by such religious corporations nor any officer of any
such religious organization who holds property for religious
purposes: PROVIDED, That if such organization has not
received from the United States government a declaration of
current tax exempt status prior to the time it receives property
under the terms of a charitable trust, this exemption shall be
applicable for two years only from the time of receiving such
11.110.020
[Title 11 RCW—page 147]
11.110.040
Title 11 RCW: Probate and Trust Law
property, or until such tax exempt status is finally declared,
whichever is sooner; or (b) an educational institution which is
nonprofit and charitable, having a program of primary, secondary, or collegiate instruction comparable in scope to that
of any public school or college operated by the state of Washington or any of its school districts. [1985 c 30 § 114. Prior:
1971 ex.s. c 226 § 1; 1967 ex.s. c 53 § 2. Formerly RCW
19.10.020.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.110.040 Information, documents, and reports are
public records—Inspection—Publication. All information, documents, and reports filed with the secretary of state
under this chapter are matters of public record and shall be
open to public inspection, subject to reasonable regulation:
PROVIDED, That the secretary of state shall withhold from
public inspection any trust instrument so filed whose content
is not exclusively for charitable purposes. The secretary of
state may publish, on a periodic or other basis, such information as may be necessary or appropriate in the public interest
concerning the registration, reports, and information filed
with the secretary of state or any other matters relevant to the
administration and enforcement of this chapter. [1993 c 471
§ 26; 1985 c 30 § 115. Prior: 1967 ex.s. c 53 § 4. Formerly
RCW 19.10.040.]
11.110.040
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.110.051 Registration of trustee—Requirements—
Exception—Application of chapter to nonregistered
trustees. (1) Except as provided in subsection (2) of this section, a trustee, as defined by RCW 11.110.020, must register
with the secretary of state if, as to a particular charitable trust:
(a) The trustee holds assets in trust, invested for incomeproducing purposes, exceeding a value established by the
secretary of state by rule;
(b) Under the terms of the trust all or part of the principal
or income of the trust can or must currently be expended for
charitable purposes; and
(c) The trust instrument does not require the distribution
of the entire trust corpus within a period of one year or less.
(2) A trustee of a trust, in which the only charitable interest is in the nature of a remainder, is not required to register
during any life estate or other term that precedes the charitable interest. This exclusion from registration applies to trusts
which have more than one noncharitable life income beneficiary, even if the death of one such beneficiary obligates the
trustee to distribute a remainder interest to charity.
(3) A trustee of a charitable trust that is not required to
register pursuant to this section is subject to all requirements
of this chapter other than those governing registration and
reporting to the secretary of state. [1997 c 124 § 1.]
11.110.051
11.110.060 Instrument establishing trust, inventory
of assets, registration status, successor trustee information, and amendments to be filed. (1) Every trustee
required to file under RCW 11.110.051 shall file with the secretary of state within four months after receiving possession
or control of the trust corpus, or after the trust becomes a trust
described by RCW 11.110.051(1):
(a) A copy of the instrument establishing his or her title,
powers, or duties;
(b) An inventory of the assets of such charitable trust;
and
(c) A registration form setting forth the trustee’s name,
mailing address, physical address if different, and additional
identifying information required by the secretary by rule.
(2) A successor trustee to a previously registered trust
shall file a registration form and inventory of assets within
four months after receiving possession or control of the trust
corpus.
(3) A trustee required to register shall file with the secretary of state copies of all amendments to the trust instrument
within four months of the making of the amendment. [1997
c 124 § 2; 1993 c 471 § 28; 1985 c 30 § 117. Prior: 1984 c
149 § 150; 1971 ex.s. c 226 § 2; 1967 ex.s. c 53 § 6. Formerly
RCW 19.10.060.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.110.070 Tax or information return or report—
Filing—Rules—Forms. Every trustee required to register
under RCW 11.110.051 shall file with the secretary of state a
copy of each publicly available United States tax or information return or report of the trust at the time that the trustee
files with the internal revenue service. The secretary may
provide by rule for the exemption from reporting under this
section by some or all trusts not required to file a federal tax
or information return, and for a substitute form containing
similar information to be used by any trusts not so exempted.
[1997 c 124 § 3; 1993 c 471 § 29; 1985 c 30 § 118. Prior:
1971 ex.s. c 226 § 3; 1967 ex.s. c 53 § 7. Formerly RCW
19.10.070.]
11.110.070
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.110.075 Trust not exclusively for charitable purposes—Instrument and information not public—Access.
A trust is not exclusively for charitable purposes, within the
meaning of RCW 11.110.040, when the instrument creating it
contains a trust for several or mixed purposes, and any one or
more of such purposes is not charitable within the meaning of
RCW 11.110.020, as enacted or hereafter amended. Such
instrument shall be withheld from public inspection by the
secretary of state and no information as to such noncharitable
purpose shall be made public. The attorney general shall have
free access to such information. [1997 c 124 § 4; 1993 c 471
§ 30; 1985 c 30 § 120. Prior: 1984 c 149 § 154; 1971 ex.s. c
226 § 5. Formerly RCW 19.10.075.]
11.110.075
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.110.060
[Title 11 RCW—page 148]
11.110.090 Uniformity of chapter with laws of other
states. It is the purpose of this chapter to make uniform the
laws of this and other states on the subject of charitable trusts
and similar relationships. Recognizing the necessity for uni11.110.090
(2010 Ed.)
Charitable Trusts
form application and enforcement of this chapter, its provisions are hereby declared mandatory and they shall not be
superseded by the provisions of any trust instrument or similar instrument to the contrary. [1985 c 30 § 122. Prior: 1967
ex.s. c 53 § 9. Formerly RCW 19.10.090.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.110.100 Investigations by attorney general authorized—Appearance and production of books, papers,
documents, etc., may be required. The attorney general
may investigate transactions and relationships of trustees and
other persons subject to this chapter for the purpose of determining whether the trust or other relationship is administered
according to law and the terms and purposes of the trust, or to
determine compliance with this chapter in any other respect.
He or she may require any officer, agent, trustee, fiduciary,
beneficiary, or other person, to appear, at a time and place
designated by the attorney general in the county where the
person resides or is found, to give information under oath and
to produce books, memoranda, papers, documents of title,
and evidence of assets, liabilities, receipts, or disbursements
in the possession or control of the person ordered to appear.
[2010 c 8 § 2093; 1985 c 30 § 123. Prior: 1967 ex.s. c 53 §
10. Formerly RCW 19.10.100.]
11.110.100
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.110.110 Order to appear—Effect—Enforcement—Appellate review. When the attorney general
requires the attendance of any person, as provided in RCW
11.110.100, he or she shall issue an order setting forth the
time when and the place where attendance is required and
shall cause the same to be delivered to or sent by registered
mail to the person at least fourteen days before the date fixed
for attendance. Such order shall have the same force and
effect as a subpoena, and, upon application of the attorney
general, obedience to the order may be enforced by any superior court judge in the county where the person receiving it
resides or is found, in the same manner as though the notice
were a subpoena. The court, after hearing, for good cause,
and upon application of any person aggrieved by the order,
shall have the right to alter, amend, revise, suspend, or postpone all or any part of its provisions. In any case where the
order is not enforced by the court according to its terms, the
reasons for the court’s actions shall be clearly stated in the
record, and shall be subject to review by the supreme court or
the court of appeals. [2010 c 8 § 2094; 1988 c 202 § 20; 1985
c 30 § 124. Prior: 1984 c 149 § 157; 1971 c 81 § 64; 1967
ex.s. c 53 § 11. Formerly RCW 19.10.110.]
11.110.110
Rules of court: Writ procedure superseded by RAP 2.1(b), 2.2, 18.22.
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.110.120 Proceedings to secure compliance and
proper trust administration—Attorney general to be
notified of judicial proceedings involving charitable
trust—Powers and duties additional. The attorney general
may institute appropriate proceedings to secure compliance
with this chapter and to secure the proper administration of
11.110.120
(2010 Ed.)
11.110.200
any trust or other relationship to which this chapter applies.
He or she shall be notified of all judicial proceedings involving or affecting the charitable trust or its administration in
which, at common law, he or she is a necessary or proper
party as representative of the public beneficiaries. The notification shall be given as provided in RCW 11.96A.110, but
this notice requirement may be waived at the discretion of the
attorney general. The powers and duties of the attorney general provided in this chapter are in addition to his or her existing powers and duties, and are not to be construed to limit or
to restrict the exercise of the powers or the performance of
the duties of the attorney general or of any prosecuting attorney which they may exercise or perform under any other provision of law. Except as provided herein, nothing in this
chapter shall impair or restrict the jurisdiction of any court
with respect to any of the matters covered by it. [2010 c 8 §
2095; 1999 c 42 § 632; 1985 c 30 § 125. Prior: 1984 c 149 §
158; 1967 ex.s. c 53 § 12. Formerly RCW 19.10.120.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.110.125 Violations—Refusal to file reports, perform duties, etc. The willful refusal by a trustee to make or
file any report or to perform any other duties expressly
required by this chapter, or to comply with any valid rule
adopted by the secretary of state under this chapter, shall constitute a breach of trust and a violation of this chapter. [1993
c 471 § 32; 1985 c 30 § 126. Prior: 1971 ex.s. c 226 § 6. Formerly RCW 19.10.125.]
11.110.125
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.110.130 Violations—Civil action may be prosecuted. A civil action for a violation of this chapter may be
prosecuted by the attorney general or by a prosecuting attorney. [1993 c 471 § 33; 1985 c 30 § 127. Prior: 1967 ex.s. c
53 § 13. Formerly RCW 19.10.130.]
11.110.130
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.110.140 Penalty. Every false statement of material
fact knowingly made or caused to be made by any person in
any statement or report filed under this chapter and every
other violation of this chapter is a gross misdemeanor. [1985
c 30 § 128. Prior: 1967 ex.s. c 53 § 14. Formerly RCW
19.10.140.]
11.110.140
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
11.110.200 Tax Reform Act of 1969, state implementation—Application of RCW 11.110.200 through
11.110.260 to certain trusts defined in federal code. RCW
11.110.200 through 11.110.260 shall apply only to trusts
which are "private foundations" as defined in section 509 of
the Internal Revenue Code, "charitable trusts" as described in
section 4947(a)(1) of the Internal Revenue Code, or "splitinterest trusts" as described in section 4947(a)(2) of the Internal Revenue Code. With respect to any such trust created
11.110.200
[Title 11 RCW—page 149]
11.110.210
Title 11 RCW: Probate and Trust Law
after December 31, 1969, RCW 11.110.200 through
11.110.260 shall apply from such trust’s creation. With
respect to any such trust created before January 1, 1970,
RCW 11.110.200 through 11.110.260 shall apply only to
such trust’s federal taxable years beginning after December
31, 1971. [1993 c 73 § 6; 1985 c 30 § 129. Prior: 1984 c 149
§ 161; 1971 c 58 § 1. Formerly RCW 19.10.200.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.110.210 Tax Reform Act of 1969, state implementation—Trust instruments deemed to contain prohibiting
provisions. The trust instrument of each trust to which RCW
11.110.200 through 11.110.260 applies shall be deemed to
contain provisions prohibiting the trustee from:
(1) Engaging in any act of "self-dealing," as defined in
section 4941(d) of the Internal Revenue Code, which would
give rise to any liability for the tax imposed by section
4941(a) of the Internal Revenue Code;
(2) Retaining any "excess business holdings," as defined
in section 4943(c) of the Internal Revenue Code, which
would give rise to any liability for the tax imposed by section
4943(a) of the Internal Revenue Code;
(3) Making any investments which would jeopardize the
carrying out of any of the exempt purposes of the trust, within
the meaning of section 4944 of the Internal Revenue Code, so
as to give rise to any liability for the tax imposed by section
4944(a) of the Internal Revenue Code; and
(4) Making any "taxable expenditures," as defined in
section 4945(d) of the Internal Revenue Code, which would
give rise to any liability for the tax imposed by section
4945(a) of the Internal Revenue Code:
PROVIDED, That this section shall not apply either to
those split-interest trusts or to amounts thereof which are not
subject to the prohibitions applicable to private foundations
by reason of the provisions of section 4947 of the Internal
Revenue Code. [1993 c 73 § 7; 1985 c 30 § 130. Prior: 1984
c 149 § 162; 1971 c 58 § 2. Formerly RCW 19.10.210.]
11.110.210
shall impair the rights and powers of the courts or the attorney general of this state with respect to any trust. [1985 c 30
§ 132. Prior: 1984 c 149 § 164; 1971 c 58 § 4. Formerly
RCW 19.10.230.]
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.110.250 Tax Reform Act of 1969, state implementation—Application to trust created after June 10, 1971,
or amendment to existing trust. Nothing in RCW
11.110.200 through 11.110.260 shall limit the power of a person who creates a trust after June 10, 1971 or the power of a
person who has retained or has been granted the right to
amend a trust created before June 10, 1971, to include a specific provision in the trust instrument or an amendment
thereto, as the case may be, which provides that some or all of
the provisions of RCW 11.110.210 and 11.110.220 shall have
no application to such trust. [1985 c 30 § 134. Prior: 1984 c
149 § 167; 1971 c 58 § 6. Formerly RCW 19.10.250.]
11.110.250
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.110.260 Tax Reform Act of 1969, state implementat ion—Severabilit y—RCW 11.110.200 t hroug h
11.110.260. If any provision of RCW 11.110.200 through
11.110.260 or the application thereof to any trust is held
invalid, such invalidity shall not affect the other provisions or
applications of RCW 11.110.200 through 11.110.260 which
can be given effect without the invalid provision or application, and to this end the provisions of RCW 11.110.200
through 11.110.260 are declared to be severable. [1985 c 30
§ 135. Prior: 1984 c 149 § 168; 1971 c 58 § 7. Formerly
RCW 19.10.260.]
11.110.260
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.110.270 Tax Reform Act of 1969, state implementation—Not for profit corporations. See RCW 24.40.010
through 24.40.070.
11.110.220 Tax Reform Act of 1969, state implementation—Trust instruments deemed to contain certain provisions for distribution. The trust instrument of each trust to
which RCW 11.110.200 through 11.110.260 applies, except
"split-interest" trusts, shall be deemed to contain a provision
requiring the trustee to distribute, for the purposes specified
in the trust instrument, for each taxable year of the trust,
amounts at least sufficient to avoid liability for the tax
imposed by section 4942(a) of the Internal Revenue Code.
[1993 c 73 § 8; 1985 c 30 § 131. Prior: 1984 c 149 § 163;
1971 c 58 § 3. Formerly RCW 19.10.220.]
11.110.900 Severability—1967 ex.s. c 53. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1985 c 30 § 136. Prior: 1967 ex.s. c 53 § 15. Formerly RCW 19.10.900.]
11.110.220
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Additional notes found at www.leg.wa.gov
11.110.230 Tax Reform Act of 1969, state implementation—Rights, powers, of courts, attorney general, not
impaired. Nothing in RCW 11.110.200 through 11.110.260
11.110.230
[Title 11 RCW—page 150]
11.110.270
11.110.900
Short title—Application—Purpose—Severability—1985 c 30: See
RCW 11.02.900 through 11.02.903.
Chapter 11.114 RCW
UNIFORM TRANSFERS TO MINORS ACT
Chapter 11.114
Sections
11.114.010
11.114.020
11.114.030
11.114.040
11.114.050
Definitions.
Scope and jurisdiction.
Nomination of custodian—Designation of custodian by representative or specified person.
Transfer by gift or exercise of power of appointment.
Transfer authorized by will or trust.
(2010 Ed.)
Uniform Transfers to Minors Act
11.114.060
11.114.070
11.114.080
11.114.090
11.114.100
11.114.110
11.114.120
11.114.130
11.114.140
11.114.150
11.114.160
11.114.170
11.114.180
11.114.190
11.114.200
11.114.210
11.114.220
11.114.230
11.114.900
11.114.901
11.114.902
11.114.903
11.114.904
Other transfer by fiduciary.
Transfer by obligor.
Receipt for custodial property.
Form and manner of creating custodial property and effecting
transfer.
Single custodianship.
Validity and effect of transfer.
Care of custodial property.
Powers of custodian.
Use of custodial property.
Custodian’s expenses, compensation, and bond.
Exemption of third person from liability.
Liability to third persons.
Renunciation, resignation, death, or removal of custodian—
Designation of successor custodian.
Accounting by and determination of liability of custodian.
Termination of custodianship—Extension.
Applicability.
Effect on existing custodianships.
Uniformity of application and construction.
Short title.
Captions not law.
Savings—1991 c 193.
Effective date—1991 c 193.
Severability—1991 c 193.
11.114.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Adult" means an individual other than the minor
who has attained the age of twenty-one years and is older
than the minor.
(2) "Benefit plan" means an employer’s plan for the benefit of an employee or partner.
(3) "Broker" means a person lawfully engaged in the
business of effecting transactions in securities or commodities for the person’s own account or for the account of others.
(4) "Guardian" means a person appointed or qualified by
a court to act as general, limited, or temporary guardian of a
minor’s property or a person legally authorized to perform
substantially the same functions. Conservator means guardian for transfers made under another state’s law but enforceable in this state’s courts.
(5) "Court" means a superior court of the state of Washington.
(6) "Custodial property" means (a) any interest in property transferred to a custodian under this chapter and (b) the
income from and proceeds of that interest in property.
(7) "Custodian" means a person so designated under
RCW 11.114.090 or a successor or substitute custodian designated under RCW 11.114.180.
(8) "Financial institution" means a bank, trust company,
savings institution, or credit union, chartered and supervised
under state or federal law.
(9) "Legal representative" means an individual’s personal representative or guardian.
(10) "Member of the minor’s family" means the minor’s
parent, stepparent, spouse, domestic partner, grandparent,
brother, sister, uncle, or aunt, whether of the whole or half
blood or by adoption.
(11) "Minor" means an individual who has not attained
the age of twenty-five years.
(12) "Person" means an individual, corporation, organization, or other legal entity.
(13) "State" includes any state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and
11.114.010
(2010 Ed.)
11.114.030
any territory or possession subject to the legislative authority
of the United States.
(14) "Transfer" means a transaction that creates custodial
property under RCW 11.114.090.
(15) "Transferor" means a person who makes a transfer
under this chapter.
(16) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general
trust powers. [2008 c 6 § 934; 2006 c 204 § 1; 1991 c 193 §
1.]
Part headings not law—Severability—2008 c 6: See RCW 26.60.900
and 26.60.901.
Effective date—2006 c 204: See note following RCW 11.114.090.
11.114.020 Scope and jurisdiction. (1) This chapter
applies to a transfer that refers to this chapter in the designation under RCW 11.114.090(1) by which the transfer is made
if at the time of the transfer, the transferor, the minor, or the
custodian is a resident of this state or the custodial property is
located in this state. The custodianship so created remains
subject to this chapter despite a subsequent change in residence of a transferor, the minor, or the custodian, or the
removal of custodial property from this state.
(2) A person designated as custodian under this chapter
is subject to personal jurisdiction in this state with respect to
any matter relating to the custodianship.
(3) A transfer that purports to be made and which is valid
under the uniform transfers to minors act, the uniform gifts to
minors act, or a substantially similar act of another state is
governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of
the designated state or the custodial property is located in the
designated state.
(4) A matter under this chapter subject to court determination is governed by the procedures provided in RCW
11.96A.080 through 11.96A.200. However, no guardian ad
litem is required for the minor, except under RCW
11.114.190(1), in the case of a petition by an unrepresented
minor under the age of eighteen years. [2006 c 204 § 2; 1999
c 42 § 633; 1991 c 193 § 2.]
11.114.020
Effective date—2006 c 204: See note following RCW 11.114.090.
Additional notes found at www.leg.wa.gov
11.114.030 Nomination of custodian—Designation of
custodian by representative or specified person. (1) A
person having the right to designate the recipient of property
transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a
minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words:
". . . . . . as custodian for . . . . . . (name of minor) under the
Washington uniform transfers to minors act." The nomination may name one or more persons as substitute custodians
to whom the property shall be transferred, in the order named,
if the first nominated custodian dies before the transfer or is
unable, declines, or is ineligible to serve. The nomination
may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or
11.114.030
[Title 11 RCW—page 151]
11.114.040
Title 11 RCW: Probate and Trust Law
delivered to the payor, issuer, or other obligor of the contractual rights.
As an alternative to naming a specific person as custodian, the nomination may provide that the custodian may be
designated by the legal representative of, or other person
specified by, the person having the right to designate the
recipient of the property described in this subsection. The
person having the right of designation of the custodian is
authorized to designate himself or herself as custodian, if he
or she falls within the class of persons eligible to serve as custodian under RCW 11.114.090(1).
(2) A custodian nominated under this section shall be a
person to whom a transfer of property of that kind may be
made under RCW 11.114.090(1).
(3) Instead of designating one specific minor, the designation may specify multiple persons or a class or classes of
persons, but when the custodial property is actually created
under subsection (4) of this section, it must be constituted as
a separate custodianship for each beneficiary, and each beneficiary’s interest in it must be determined in accordance with
the governing instrument and applicable law.
(4) The nomination of a custodian under this section
does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under RCW 11.114.090. Unless the nomination of a custodian has been revoked, upon the occurrence
of the future event the custodianship becomes effective and
the custodian shall enforce a transfer of the custodial property
pursuant to RCW 11.114.090. [1998 c 292 § 301; 1991 c 193
§ 3.]
Additional notes found at www.leg.wa.gov
11.114.040 Transfer by gift or exercise of power of
appointment. A person may make a transfer by irrevocable
gift to, or the irrevocable exercise of a power of appointment
in favor of, a custodian for the benefit of a minor pursuant to
RCW 11.114.090. [1991 c 193 § 4.]
11.114.040
11.114.050 Transfer authorized by will or trust. (1)
A personal representative or trustee may make an irrevocable
transfer pursuant to RCW 11.114.090 to a custodian for the
benefit of a minor as authorized in the governing will or trust.
The personal representative or trustee may designate himself
or herself as custodian provided he or she falls within the
class of persons eligible to serve as custodian under RCW
11.114.090(1).
(2) If the testator or grantor has nominated a custodian
under RCW 11.114.030 to receive the custodial property, the
transfer shall be made to that person.
(3) If the testator or grantor has not nominated a custodian under RCW 11.114.030, or all persons so nominated as
custodian die before the transfer or are unable, decline, or are
ineligible to serve, the personal representative or the trustee,
as the case may be, shall designate the custodian from among
those eligible to serve as custodian for property of that kind
under RCW 11.114.090(1). The personal representative or
trustee may designate himself or herself as custodian, provided he or she falls within the class of persons eligible to
serve as custodian under RCW 11.114.090(1). [1991 c 193 §
5.]
11.114.050
[Title 11 RCW—page 152]
11.114.060 Other transfer by fiduciary. (1) A personal representative or trustee may make an irrevocable
transfer to an adult or trust company for the benefit of a minor
pursuant to RCW 11.114.090, in the absence of a will or
under a will or trust that does not contain an authorization to
do so, but only if:
(a) The personal representative or trustee, or the court if
an order is requested under (c) of this subsection, considers
the transfer to be in the best interest of the minor;
(b) The transfer is not prohibited by or inconsistent with
provisions of the applicable will, trust instrument, or other
governing instrument; and
(c) The transfer is authorized by the court if it exceeds
thirty thousand dollars in value.
The personal representative, the trustee, or a member of
the minor’s family may select the custodian, subject to court
approval. The personal representative or trustee may serve as
custodian, provided he or she falls within the class of persons
eligible to serve as custodian under RCW 11.114.090(1).
(2) A member of the minor’s family may request that the
court establish a custodianship if a custodianship has not
already been established, regardless of the value of the transfer. [1991 c 193 § 6.]
11.114.060
11.114.070 Transfer by obligor. (1) Subject to subsections (2) and (3) of this section, a person not subject to RCW
11.114.050 or 11.114.060 who holds property of or owes a
liquidated debt to a minor not having a guardian may make an
irrevocable transfer to a custodian for the benefit of the minor
pursuant to RCW 11.114.090.
(2) If a person having the right to do so under RCW
11.114.030 has nominated a custodian under that section to
receive the custodial property, the transfer shall be made to
that person.
(3) If no custodian has been nominated under RCW
11.114.030, or all persons so nominated as custodian die
before the transfer or are unable, decline, or are ineligible to
serve, a transfer under this section may be made to an adult
member of the minor’s family or to a trust company unless
the property exceeds thirty thousand dollars in value.
(4) A member of the minor’s family or the person who
holds the property of the minor or who owes a debt to the
minor may request that the court establish a custodianship if
not previously established, regardless of the value of the
transfer. [1991 c 193 § 7.]
11.114.070
11.114.080 Receipt for custodial property. A written
confirmation of delivery by a custodian constitutes a sufficient receipt and discharge of the transferor for custodial
property transferred to the custodian under this chapter.
[1991 c 193 § 8.]
11.114.080
11.114.090 Form and manner of creating custodial
property and effecting transfer. (1) Custodial property is
created and a transfer is made if:
(a) An uncertificated security or a certificated security in
registered form is either:
(i) Registered in the name of the transferor, an adult
other than the transferor, or a trust company, followed in substance by the words: " . . . . . . as custodian for . . . . . . (name
11.114.090
(2010 Ed.)
Uniform Transfers to Minors Act
of minor) under the Washington uniform transfers to minors
act"; or
(ii) Delivered if in certificated form, or any document
necessary for the transfer of an uncertificated security is
delivered, together with any necessary endorsement to an
adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form
set forth in subsection (2) of this section;
(b) Money is paid or delivered, or a security held in the
name of a broker, financial institution, or its nominee is transferred, to a broker or financial institution for credit to an
account in the name of the transferor, an adult other than the
transferor, or a trust company, followed in substance by the
words: " . . . . . . as custodian for . . . . . . (name of minor)
under the Washington uniform transfers to minors act";
(c) The ownership of a life or endowment insurance policy or annuity contract is either:
(i) Registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company,
followed in substance by the words: " . . . . . . as custodian
for . . . . . . (name of minor) under the Washington uniform
transfers to minors act"; or
(ii) Assigned in a writing delivered to an adult other than
the transferor or to a trust company whose name in the
assignment is followed in substance by the words: " . . . . . .
as custodian for . . . . . . (name of minor) under the Washington uniform transfers to minors act";
(d) An irrevocable exercise of a power of appointment or
an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the
payor, issuer, or other obligor that the right is transferred to
the transferor, an adult other than the transferor, or a trust
company, whose name in the notification is followed in substance by the words: " . . . . . . as custodian for . . . . . . (name
of minor) under the Washington uniform transfers to minors
act";
(e) An interest in real property is recorded in the name of
the transferor, an adult other than the transferor, or a trust
company, followed in substance by the words: " . . . . . . as
custodian for . . . . . . (name of minor) under the Washington
uniform transfers to minors act";
(f) A certificate of title issued by a department or agency
of a state or of the United States which evidences title to tangible personal property is either:
(i) Issued in the name of the transferor, an adult other
than the transferor, or a trust company, followed in substance
by the words: " . . . . . . as custodian for . . . . . . (name of
minor) under the Washington uniform transfers to minors
act"; or
(ii) Delivered to an adult other than the transferor or to a
trust company, endorsed to that person followed in substance
by the words: " . . . . . . as custodian for . . . . . . (name of
minor) under the Washington uniform transfers to minors
act"; or
(g) An interest in any property not described in (a)
through (f) of this subsection is transferred to an adult other
than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (2) of
this section.
(2) An instrument in the following form satisfies the
requirements of subsection (1)(a)(ii) and (g) of this section:
(2010 Ed.)
11.114.110
"TRANSFER UNDER THE WASHINGTON UNIFORM
TRANSFERS TO MINORS ACT
I, . . . . . . (name of transferor or name and representative capacity if a fiduciary) hereby transfer to . . . . . .
(name of custodian), as custodian for . . . . . . (name of
minor) under the Washington uniform transfers to minors
act, the following: (insert a description of the custodial
property sufficient to identify it).
(Electing the following paragraph is optional to the transferor):
If . . . . . . (name of custodian) is or becomes unable to act
or to continue to act as custodian, the alternate or successor
custodian shall be the first of the following persons, in
order of preference and succession, who is then able and
willing to act as custodian: (insert the name(s) of the alternate or successor custodian(s)).
1. . . . . . .
2. . . . . . .
3. . . . . . .
(Electing the following paragraph is optional to the transferor):
I elect to extend the custodianship to the minor’s
twenty-fifth birthday. I UNDERSTAND THAT ELECTING TO
EXTEND CUSTODIANSHIP TO AGE TWENTY-FIVE MAY CAUSE
ME TO LOSE MY ANNUAL EXCLUSION FROM FEDERAL GIFT
TAX AND THAT I SHOULD CONSULT WITH AN ATTORNEY OR
TAX ADVISOR BEFORE MAKING THIS ELECTION.
Dated: . . . . . . . . . . . . . . .
.....................
(Signature)
. . . . . . (name of custodian) acknowledges receipt of
the property described above as custodian for the minor
named above under the Washington uniform transfers to
minors act.
Dated: . . . . . . . . . . . . . . .
.................... "
(Signature of Custodian)
(3) A transferor shall place the custodian in control of the
custodial property as soon as practicable. [2006 c 204 § 3;
1991 c 193 § 9.]
Effective date—2006 c 204: "This act takes effect July 1, 2007." [2006
c 204 § 9.]
11.114.100 Single custodianship. A transfer may be
made only for one minor, and only one person may be the
custodian. All custodial property held under this chapter by
the same custodian for the benefit of the same minor constitutes a single custodianship. [1991 c 193 § 10.]
11.114.100
11.114.110 Validity and effect of transfer. (1) The
validity of a transfer made in a manner prescribed in this
chapter is not affected by:
(a) Failure of the transferor to comply with RCW
11.114.090(3) concerning possession and control;
(b) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the
11.114.110
[Title 11 RCW—page 153]
11.114.120
Title 11 RCW: Probate and Trust Law
transferor is ineligible to serve as custodian under RCW
11.114.090(1); or
(c) Death or incapacity of a person nominated under
RCW 11.114.030 or designated under RCW 11.114.090 as
custodian or the disclaimer of the office by that person.
(2) A transfer made pursuant to RCW 11.114.090 is irrevocable, and the custodial property is indefeasibly vested in
the minor, but the custodian has all the rights, powers, duties,
and authority provided in this chapter, and neither the minor
nor the minor’s legal representative has any right, power,
duty, or authority with respect to the custodial property
except as provided in this chapter.
(3) By making a transfer, the transferor incorporates in
the disposition all the provisions of this chapter and grants to
the custodian, and to any third person dealing with a person
designated as custodian, the respective powers, rights, and
immunities provided in this chapter. [1991 c 193 § 11.]
11.114.120 Care of custodial property. (1) A custodian shall, as soon as custodial property is made available to
the custodian:
(a) Take control of custodial property;
(b) Register or record title to custodial property if appropriate; and
(c) Collect, hold, manage, invest, and reinvest custodial
property.
(2) In dealing with custodial property, a custodian shall
observe the standard of care applicable to fiduciaries under
chapter 11.100 RCW. If a custodian has a special skill or
expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use
that skill or expertise. A custodian, in the custodian’s discretion and without liability to the minor or the minor’s estate,
may retain any custodial property received from a transferor
according to the same standards as apply to a fiduciary holding trust funds under RCW 11.100.060. However, the provisions of RCW 11.100.025, 11.100.040, and 11.100.140 shall
not apply to a custodian.
(3) A custodian may invest in or pay premiums on life
insurance or endowment policies on (a) the life of the minor
only if the minor or the minor’s estate is the sole beneficiary,
or (b) the life of another person in whom the minor has an
insurable interest only to the extent that the minor, the
minor’s estate, or the custodian in the capacity of custodian,
is the irrevocable beneficiary.
(4) A custodian at all times shall keep custodial property
separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor.
Custodial property consisting of an undivided interest is so
identified if the minor’s interest is held as a tenant in common
and is fixed. Custodial property subject to recordation is so
identified if it is recorded, and custodial property subject to
registration is so identified if it is either registered, or held in
an account designated, in the name of the custodian, followed
in substance by the words: ". . . . . . as custodian for . . . . . .
(name of minor) under the Washington uniform transfers to
minors act."
(5) A custodian shall keep records of all transactions
with respect to custodial property, including information necessary for the preparation of the minor’s tax returns, and shall
make them available upon request for inspection by a parent
11.114.120
[Title 11 RCW—page 154]
or legal representative of the minor or by the minor if the
minor has attained the age of eighteen years. [2006 c 204 §
4; 1991 c 193 § 12.]
Effective date—2006 c 204: See note following RCW 11.114.090.
11.114.130 Powers of custodian. (1) A custodian, acting in a custodial capacity, has all the rights, powers, and
authority over custodial property that unmarried adult owners
have over their own property, including without limitation all
the powers granted to a trustee under RCW 11.98.070, but a
custodian may exercise those rights, powers, and authority
only in a custodial capacity.
(2) This section does not relieve a custodian from liability for breach of RCW 11.114.120. [1991 c 193 § 13.]
11.114.130
11.114.140 Use of custodial property. (1) A custodian
may deliver or pay to the minor or expend for the minor’s
benefit so much of the custodial property as the custodian
considers advisable for the use and benefit of the minor, without court order and without regard to (a) the duty or ability of
the custodian personally or of any other person to support the
minor, or (b) any other income or property of the minor
which may be applicable or available for that purpose.
(2) On petition of an interested person or the minor if the
minor has attained the age of eighteen years, the court may
order the custodian to deliver or pay to the minor or expend
for the minor’s benefit so much of the custodial property as
the court considers advisable for the use and benefit of the
minor.
(3) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not
affect any obligation of a person to support the minor. [2006
c 204 § 5; 1991 c 193 § 14.]
11.114.140
Effective date—2006 c 204: See note following RCW 11.114.090.
11.114.150 Custodian’s expenses, compensation, and
bond. (1) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties.
(2) Except for one who is a transferor under RCW
11.114.040, a custodian has a noncumulative election during
each calendar year to charge reasonable compensation for
services performed during that year.
(3) Except as provided in RCW 11.114.180(6), a custodian need not give a bond.
(4) Notwithstanding RCW 11.114.190, a custodian not
compensated for services is not liable for losses to the custodial property unless they result from bad faith, intentional
wrongdoing, or gross negligence, or from failure to maintain
the standard of prudence in investing the custodial property
provided in this chapter. [1991 c 193 § 15.]
11.114.150
11.114.160 Exemption of third person from liability.
A third person in good faith and without court order may act
on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity
of a custodian or successor custodian and, in the absence of
knowledge, is not responsible for determining:
(1) The validity of the purported custodian’s designation;
11.114.160
(2010 Ed.)
Uniform Transfers to Minors Act
(2) The propriety of, or the authority under this chapter
for, any act of the purported custodian;
(3) The validity or propriety under this chapter of any
instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4) The propriety of the application of any property of
the minor delivered to the purported custodian. [1991 c 193
§ 16.]
11.114.170 Liability to third persons. (1) A claim
based on:
(a) A contract entered into by a custodian acting in a custodial capacity;
(b) An obligation arising from the ownership or control
of custodial property;
(c) A tort committed during the custodianship, may be
asserted against the custodial property by proceeding against
the custodian in the custodial capacity, whether or not the
custodian or the minor is personally liable therefor; or
(d) A noncontractual obligation, including obligations in
tort, is collectible from the custodial property only if:
(i) The obligation was a common incident of the kind of
business activity in which the custodian or the custodian’s
predecessor was properly engaged for the custodianship;
(ii) Neither the custodian nor the custodian’s predecessor, nor any officer or employee of the custodian or the custodian’s predecessor was personally at fault in incurring the
obligation; or
(iii) Although the obligation did not fall within (d)(i) or
(ii) of this subsection, the incident that gave rise to the obligation increased the value of the custodial property.
If the obligation is within (d)(i) or (ii) or [of] this subsection, collection may be had of the full amount of damage
proved. If the obligation is within (d)(iii) of this subsection,
collection may be had only to the extent of the increase in the
value of the trust property.
(2) A custodian is not personally liable:
(a) On a contract properly entered into in the custodial
capacity unless the custodian fails to reveal that capacity. The
addition of the words "custodian" or "as custodian" after the
signature of a custodian is adequate revelation of this capacity; or
(b) For an obligation arising from control of custodial
property or for a tort committed during the custodianship
unless the custodial property is not liable for the obligation
under *(b) of this subsection and unless the custodian is personally at fault.
(3) A minor is not personally liable for an obligation
arising from ownership of custodial property or for a tort
committed during the custodianship unless the minor is personally at fault. [1991 c 193 § 17.]
11.114.170
*Reviser’s note: The reference to (b) of this subsection appears erroneous. Reference to subsection (1)(b) of this section was apparently intended.
11.114.180 Renunciation, resignation, death, or
removal of custodian—Designation of successor custodian. (1) A person nominated under RCW 11.114.030 or
designated under RCW 11.114.090 as custodian may decline
to serve. If the event giving rise to a transfer has not occurred
and no substitute custodian able, willing, and eligible to serve
11.114.180
(2010 Ed.)
11.114.190
was nominated under RCW 11.114.030, the person who
made the nomination may nominate a substitute custodian
under RCW 11.114.030; otherwise the transferor or the transferor’s legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the
persons eligible to serve as custodian for that kind of property
under RCW 11.114.090(1). The custodian so designated has
the rights of a successor custodian.
(2) A custodian at any time may designate a trust company or an adult other than a transferor under RCW
11.114.040 as successor custodian by executing and dating
an instrument of designation. If the instrument of designation
does not contain or is not accompanied by the resignation of
the custodian, the designation of the successor does not take
effect until the custodian resigns, dies, becomes incapacitated, or is removed, and custodial property is transferred to
the successor custodian.
(3) A custodian may resign at any time by delivering
written notice to the minor, if the minor has attained the age
of eighteen years, and to the successor custodian, and by
delivering the custodial property to the successor custodian.
(4) If a custodian is ineligible, dies, or becomes incapacitated and no successor custodian has been designated as provided in this chapter, and the minor has attained the age of
eighteen years, the minor may designate as successor custodian, in the manner prescribed in subsection (2) of this section, an adult member of the minor’s family, a guardian of the
minor, or a trust company. If the minor has not attained the
age of eighteen years or fails to act within sixty days after the
ineligibility, death, or incapacity, the guardian of the minor
becomes successor custodian. If the minor has no guardian
or the guardian declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor’s family, or any other interested person may
petition the court to designate a successor custodian.
(5) A custodian who declines to serve under subsection
(1) of this section or resigns under subsection (3) of this section, or the legal representative of a deceased or incapacitated
custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may
enforce the obligation to deliver custodial property and
records and becomes responsible for each item as received.
(6) A transferor, the legal representative of a transferor,
an adult member of the minor’s family, a guardian of the
minor, or the minor if the minor has attained the age of eighteen years may petition the court to remove the custodian for
cause and to designate a successor custodian other than a
transferor under RCW 11.114.040 or to require the custodian
to give appropriate bond. [2006 c 204 § 6; 1991 c 193 § 18.]
Effective date—2006 c 204: See note following RCW 11.114.090.
11.114.190 Accounting by and determination of liability of custodian. (1) A minor who has attained the age of
eighteen years, the minor’s legal representative, an adult
member of the minor’s family, a transferor, or a transferor’s
legal representative may petition the court (a) for an accounting by the custodian or the custodian’s legal representative;
or (b) for a determination of responsibility, as between the
custodial property and the custodian personally, for claims
11.114.190
[Title 11 RCW—page 155]
11.114.200
Title 11 RCW: Probate and Trust Law
against the custodial property unless the responsibility has
been adjudicated in an action under RCW 11.114.170 to
which the minor or the minor’s legal representative was a
party.
(2) A successor custodian may petition the court for an
accounting by the predecessor custodian.
(3) The court, in a proceeding under this chapter or in
any other proceeding, may require or permit the custodian or
the custodian’s legal representative to account.
(4) If a custodian is removed under RCW 11.114.180(6),
the court shall require an accounting and order delivery of the
custodial property and records to the successor custodian and
the execution of all instruments required for transfer of the
custodial property. [2006 c 204 § 7; 1991 c 193 § 19.]
Effective date—2006 c 204: See note following RCW 11.114.090.
11.114.200 Termination of custodianship—Extension. (1) Subject to RCW 11.114.220, the custodian shall
transfer in an appropriate manner the custodial property to
the minor or to the minor’s estate upon the earlier of:
(a) The minor’s attainment of twenty-one years of age
with respect to custodial property transferred under RCW
11.114.040 or 11.114.050;
(b) The minor’s attainment of eighteen years of age with
respect to custodial property transferred under RCW
11.114.060 or 11.114.070; or
(c) The minor’s death.
(2) The transferor may, in the initial nomination of custodian, extend the custodianship to the earlier of the minor’s
attainment of twenty-five years of age or the minor’s death
unless:
(a) The governing will, trust, or instrument creating the
power of appointment specifically provides otherwise if the
custodian property is transferred under RCW 11.114.040,
11.114.050, or 11.114.060; or
(b) The custodial property is transferred under RCW
11.114.070. In that case, the person nominating the custodian under RCW 11.114.030 may elect to extend the custodianship. If no custodian has been nominated under RCW
11.114.030, the court establishing the custodianship under
RCW 11.114.070(4) may extend the custodianship if it determines that doing so would not be contrary to the interest of
the minor.
(3) An extension of the custodianship under subsection
(2) of this section will be valid only if the transfer creating the
custodianship is made on or after July 1, 2007.
(4) Any bank, trust company, insurance company, registered broker-dealer, investment company regulated under the
federal Investment Company Act of 1940, investment advisor regulated under the federal Investment Advisors Act of
1940, or other person who makes custodianship forms available for adoption in contemplation of selling assets to or managing assets for a custodianship shall include, in any form
made available on or after July 1, 2007, an option to extend
the custodianship under subsection (2) of this section and a
warning to the transferor that exercising the option to extend
may result in the transfer not qualifying for annual exclusion
from federal gift tax. An instrument in the form described in
RCW 11.114.090(2) will satisfy the requirements of this subsection. [2006 c 204 § 8; 1991 c 193 § 20.]
11.114.200
[Title 11 RCW—page 156]
Effective date—2006 c 204: See note following RCW 11.114.090.
11.114.210 Applicability. This chapter applies to a
transfer within the scope of RCW 11.114.020 made after July
1, 1991, if:
(1) The transfer purports to have been made under the
Washington uniform gifts to minors act; or
(2) The instrument by which the transfer purports to have
been made uses in substance the designation "as custodian
under the uniform gifts to minors act" or "as custodian under
the uniform transfers to minors act" of any other state, and the
application of this chapter is necessary to validate the transfer. [1991 c 193 § 21.]
11.114.210
11.114.220 Effect on existing custodianships. (1) Any
transfer of custodial property as now defined in this chapter
made before July 1, 1991, is validated notwithstanding that
there was no specific authority in the Washington uniform
gifts to minors act for the coverage of custodial property of
that kind or for a transfer from that source at the time the
transfer was made.
(2) This chapter applies to all transfers made before July
1, 1991, in a manner and form prescribed in the Washington
uniform gifts to minors act, except insofar as the application
impairs constitutionally vested rights or extends the duration
of custodianships in existence on July 1, 1991. However, as
to any custodianship established after August 9, 1971, but
prior to January 1, 1985, a minor has the right after attaining
the age of eighteen to demand delivery from the custodian of
all or any portion of the custodial property. [1991 c 193 §
22.]
11.114.220
11.114.230 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect
to the subject of this chapter among states enacting it. [1991
c 193 § 23.]
11.114.230
11.114.900 Short title. This chapter may be cited as the
uniform transfers to minors act. [1991 c 193 § 24.]
11.114.900
11.114.901 Captions not law. Section headings as used
in this chapter do not constitute any part of the law. [1991 c
193 § 25.]
11.114.901
11.114.902 Savings—1991 c 193. To the extent that
this chapter, by virtue of RCW 11.114.220(2), does not apply
to transfers made in a manner prescribed in the uniform gifts
to minors act of Washington or to the powers, duties, and
immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of the
uniform gifts to minors act of Washington does not affect
those transfers or those powers, duties, and immunities.
[1991 c 193 § 26.]
11.114.902
11.114.903 Effective date—1991 c 193. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1991.
[1991 c 193 § 34.]
11.114.903
(2010 Ed.)
Trusts—Animals
11.114.904 Severability—1991 c 193. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 193 § 35.]
11.114.904
11.118.110
(3) If no taker is produced by the application of subsection (1) or (2) of this section, to the trustor’s heirs under RCW
11.04.015, as it exists at the time of the trust’s termination.
[2001 c 327 § 5.]
11.118.050
Chapter 11.118
Chapter 11.118 RCW
TRUSTS—ANIMALS
Sections
11.118.005
11.118.010
11.118.020
11.118.030
11.118.040
11.118.050
11.118.060
11.118.070
11.118.080
11.118.090
11.118.100
11.118.110
Purpose—Intent.
Definition.
Validity of animal trust.
Use of trust principal or income.
Termination of trust.
Enforcement of trust provisions.
Accounting requirements.
Appointment and removal of trustee.
Construction of trust language.
Application of rule against perpetuities—Effective date of
trust.
Trustee powers.
Application of chapter.
11.118.005 Purpose—Intent. The purpose of this
chapter is to recognize and validate certain trusts that are
established for the benefit of animals. Under the common law
such trusts were unenforceable at law. The legislature intends
that such trusts be recognized as valid, and that such trusts be
enforceable in accordance with their terms. [2001 c 327 § 1.]
11.118.005
11.118.010 Definition. As used in this chapter, "animal" means a nonhuman animal with vertebrae. [2001 c 327
§ 2.]
11.118.010
11.118.050 Enforcement of trust provisions. The
intended use of the principal or income can be enforced by a
person designated for that purpose in the trust instrument, by
the person having custody of an animal that is a beneficiary
of the trust, or by a person appointed by a court upon application to it by any person. A person with an interest in the welfare of the animal may petition for an order appointing or
removing a person designated or appointed to enforce the
trust. [2001 c 327 § 6.]
11.118.060
11.118.060 Accounting requirements. Except as
ordered by the court or required by the trust instrument, no
filing, report, registration, or periodic accounting shall be
required of the trust or the trustee. [2001 c 327 § 7.]
11.118.070
11.118.070 Appointment and removal of trustee. If
no trustee is designated or no designated trustee is willing or
able to serve, the court shall name a trustee. The court may
order the removal of an acting trustee and the transfer of the
property to another trustee if it is necessary or appropriate in
order to assure that the intended use is carried out. A court
may also make such other orders and determinations as shall
be advisable to carry out the intent of the trustor and the purpose of this chapter. [2001 c 327 § 8.]
11.118.080
11.118.020 Validity of animal trust. A trust for the
care of one or more animals is valid. The animals that are to
be benefited by the trust may be individually identified, or
may be identified in such other manner that they can be
readily identified. Unless otherwise provided in the trust
instrument or in this chapter, the trust will terminate when no
animal that is designated as a beneficiary of the trust remains
living. [2001 c 327 § 3.]
11.118.020
11.118.080 Construction of trust language. In construing the language of a trust for an animal, the governing
instrument shall be liberally construed to provide the protections of this chapter. It is presumed that language contained
in a trust for an animal is not merely precatory or honorary in
nature unless it can be shown by clear and cogent evidence
that such was the trustor’s intent. Extrinsic evidence is admissible in determining the trustor’s intent. [2001 c 327 § 9.]
11.118.090
11.118.030 Use of trust principal or income. Except
as expressly provided otherwise in the trust instrument or in
RCW 11.118.070, and except as may be necessary to pay the
trustee reasonable compensation and to reimburse the trustee
for reasonable costs incurred on behalf of the trust, no portion
of the principal or income of the trust may be converted to the
use of the trustee or to any use other than for the trust’s purpose or for the benefit of the designated animal or animals.
[2001 c 327 § 4.]
11.118.030
11.118.040 Termination of trust. Upon termination of
the trust, the trustee shall transfer the unexpended trust property in the following order:
(1) As directed in the instrument;
(2) If the trust was created in a nonresiduary clause in the
trustor’s will or in a codicil to the trustor’s will and the will or
codicil does not direct otherwise, under the residuary clause
in the trustor’s will, which shall be read as though the testator
died on the date the trust terminated; and
11.118.040
(2010 Ed.)
11.118.090 Application of rule against perpetuities—
Effective date of trust. RCW 11.98.130 through 11.98.160
apply to trusts that are subject to this chapter. [2001 c 327 §
11.]
11.118.100
11.118.100 Trustee powers. Except as otherwise provided in the trust instrument or in this chapter, all powers and
duties conferred on a trustee under Washington law also
apply to the trustee of a trust for animals. [2001 c 327 § 12.]
11.118.110
11.118.110 Application of chapter. This chapter
applies to trusts that are created on or after July 22, 2001, and
to trusts that are in existence on July 22, 2001, but that are
revocable by the trustor on July 22, 2001. If a trustor is
incompetent to exercise a power of revocation on July 22,
2001, this chapter does not apply to such trust unless the trustor later becomes competent to exercise such power of revocation, in which case this chapter applies to such trust. [2001
c 327 § 13.]
[Title 11 RCW—page 157]
Title 12
Title 12
DISTRICT COURTS—CIVIL PROCEDURE
Chapters
12.04 Commencement of actions.
12.08 Pleadings.
12.12 Trial.
12.16 Witnesses and depositions.
12.20 Judgments.
12.28 Replevin.
12.36 Small claims appeals.
12.40 Small claims.
District and other courts of limited jurisdiction: Chapter 3.30 RCW.
Garnishment: Chapter 6.27 RCW.
12.04.010 Civil actions—Commencement. Civil
actions in the several justices’ courts of this state may be
instituted either by the voluntary appearance and agreement
of the parties, by the service of a summons, or by the service
upon the defendant of a true copy of the complaint and notice,
which notice shall be attached to the copy of the complaint
and cite the defendant to be and appear before the justice at
the time and place therein specified, which shall not be less
than six nor more than twenty days from the date of filing the
complaint. [Code 1881 § 1712; 1873 p 335 § 19; 1860 p 245
§ 26; RRS § 1755.]
12.04.010
General provisions regarding district judges: Title 3 RCW.
Jurisdiction of justice of the peace: State Constitution Art. 4 § 10 (Amendment 28).
Justice without unnecessary delay: State Constitution Art. 1 § 10.
Ne exeat, jurisdiction of district judge: RCW 7.44.060.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Removal of certain civil actions to superior court: Chapter 4.14 RCW.
Rules for courts of limited jurisdiction: Volume 0.
Chapter 12.04
Chapter 12.04 RCW
COMMENCEMENT OF ACTIONS
12.04.020 Action to recover debt—Summons—Service. A party desiring to commence an action before a justice
of the peace, for the recovery of a debt by summons, shall file
his or her claim with the justice of the peace, verified by his
or her own oath, or that of his or her agent or attorney, and
thereupon the justice of the peace shall, on payment of his or
her fees, if demanded, issue a summons to the opposite party,
which summons shall be in the following form, or as nearly
as the case will admit, viz:
12.04.020
The State of Washington,
. . . . . . . . . . . . . . . County.
Sections
12.04.010
12.04.020
12.04.030
12.04.040
12.04.050
12.04.060
12.04.070
12.04.080
12.04.090
12.04.100
12.04.110
12.04.120
12.04.130
12.04.140
12.04.150
12.04.160
12.04.170
12.04.180
12.04.190
12.04.200
12.04.201
12.04.203
12.04.204
12.04.205
12.04.206
12.04.207
12.04.208
Civil actions—Commencement.
Action to recover debt—Summons—Service.
Action by complaint and notice.
Service of complaint and notice.
Process—Who may serve.
Process—Service by constable or sheriff.
Process—Return—Fees.
Process—Service by person appointed by justice—Return—
Exceptions.
Proof of service.
Service by publication.
Proof of service by publication.
Written admission as proof of service.
Jurisdiction, when acquired.
Action by person under eighteen years.
Action against defendant under eighteen years—Guardian ad
litem.
Time for appearance.
Security for nonresident costs.
Cost bond in lieu of security.
Penalty for failure to execute process or false return.
Forms or equivalents prescribed.
Form of subpoena.
Form of execution—Form of execution against principal and
surety, after expiration of stay of execution.
Form of order in replevin.
Form of a writ of attachment.
Form of undertaking in replevin.
Form of undertaking in attachment—Form of undertaking to
discharge attachment.
Form of undertaking to indemnify constable on claim of property by a third person.
Reviser’s note: References in this chapter to justices of the peace and
courts to be construed to mean district judges and courts: See RCW
3.30.015.
(2010 Ed.)
ss.
To the sheriff or any constable of said county:
In the name of the state of Washington, you are hereby
commanded to summon . . . . . . if he or she (or they) be
found in your county to be and appear before me at . . . . . .
on . . . . day of . . . . . . at . . . . o’clock p.m. or a.m., to
answer the complaint of . . . . . . for a failure to pay him or
her a certain demand, amounting to . . . . . . dollars and
. . . . cents, upon . . . . . . . . . . . (here state briefly the
nature of the claim) and of this writ make due service and
return.
Given under my hand this . . . . day of . . . . . 19 . . .
. . . . . . . . . . . ., Justice of the Peace.
And the summons shall specify a certain place, day and hour
for the appearance and answer of the defendant, not less than
six nor more than twenty days from the date of filing plaintiff’s claim with the justice, which summons shall be served
at least five days before the time of trial mentioned therein,
and shall be served by the officer delivering to the defendant,
or leaving at his or her place of abode with some person over
twelve years of age, a true copy of such summons, certified
by the officer to be such. [2010 c 8 § 3001; Code 1881 §
1713; 1873 p 335 § 20; 1860 p 245 § 29; RRS § 1758.]
12.04.030 Action by complaint and notice. Any person desiring to commence an action before a justice of the
peace, by the service of a complaint and notice, can do so by
filing his or her complaint verified by his or her own oath or
12.04.030
[Title 12 RCW—page 1]
12.04.040
Title 12 RCW: District Courts—Civil Procedure
that of his or her agent or attorney with the justice, and when
such complaint is so filed, upon payment of his or her fees if
demanded, the justice shall attach thereto a notice, which
shall be substantially as follows:
The State of Washington,
. . . . . . . . . . . . . . . County.
ss.
To . . . . . . . . . . . . . .
You are hereby notified to be and appear at my office
in . . . . . . on the . . . . day of . . . . . ., 19 . . ., at the hour of
. . . . M., to answer to the foregoing complaint or judgment
will be taken against you as confessed and the prayer of the
plaintiff granted.
Dated . . . . . ., 19 . . .
. . . . . . . . . . . . . . . . . . . ., J. P.
[2010 c 8 § 3002; Code 1881 § 1714; 1873 p 336 § 21; 1860
p 245 § 29; RRS § 1759.]
12.04.040 Service of complaint and notice. The complaint and notice shall be served at least five days before the
time mentioned in the notice for the defendant to appear and
answer the complaint, by delivering to the defendant, or leaving at his or her place of abode, with some person over twelve
years of age, a true copy of the complaint and notice. [2010
c 8 § 3003; 1925 ex.s. c 181 § 1; Code 1881 § 1715; 1873 p
337 § 22; RRS § 1761.]
12.04.040
12.04.050 Process—Who may serve. All process
issued by district court judges of the state and all executions
and writs of attachment or of replevin shall be served by a
sheriff or a deputy, but a summons or notice and complaint
may be served by any citizen of the state of Washington over
the age of eighteen years and not a party to the action. [1987
c 442 § 1102; 1971 ex.s. c 292 § 11; 1903 c 19 § 1; 1895 c 102
§ 1; 1893 c 108 § 1; Code 1881 § 1716; 1873 p 337 § 23; RRS
§ 1762. Formerly RCW 12.04.050 and 12.04.060, part.]
12.04.050
Additional notes found at www.leg.wa.gov
12.04.060 Process—Service by constable or sheriff.
All process in actions and proceedings in justice courts, having a salaried constable, when served by an officer, shall be
served by such constable or by the sheriff of the county or his
or her duly appointed deputy; and all fees for such service
shall be paid into the county treasury. [2010 c 8 § 3004; 1909
c 132 § 1; RRS § 1760. FORMER PARTS OF SECTION:
1903 c 19 § 1, part, now codified in RCW 12.04.050.]
12.04.060
12.04.070 Process—Return—Fees. Every constable
or sheriff serving process or complaint and notice shall return
in writing, the time, manner, and place of service and indorse
thereon the legal fees therefor and shall sign his or her name
to such return, and any person other than one of said officers
serving summons or complaint and notice shall file with the
justice his or her affidavit, stating the time, place, and manner
of the service of such summons or notice and complaint and
shall indorse thereon the legal fees therefor. [2010 c 8 §
3005; 1959 c 99 § 1; 1903 c 19 § 2; 1895 c 102 § 2; 1893 c
12.04.070
[Title 12 RCW—page 2]
108 § 2; Code 1881 § 1717; 1873 p 337 § 24; 1860 p 246 §
37; 1854 p 229 § 31; RRS § 1763.]
12.04.080
12.04.080 Process—Service by person appointed by
justice—Return—Exceptions. Any justice may, by
appointment in writing, authorize any person other than the
parties to the proceeding, or action, to serve any subpoena,
summons, or notice and complaint issued by such justice; and
any such person making such service shall return on such
process or paper, in writing, the time and manner of service,
and shall sign his or her name to such return, and be entitled
to like fees for making such service as a sheriff or constable,
and shall indorse his or her fees for service thereon: PROVIDED, It shall not be lawful for any justice to issue process
or papers to any person but a regularly qualified sheriff or
constable, in any precinct where such officers reside, unless
from sickness or some other cause said sheriff or constable is
not able to serve the same: PROVIDED FURTHER, That it
shall be lawful for notice and complaint or summons in a civil
action in the justice court to be served by any person eighteen
years of age or over and not a party to the action in which the
summons or notice and complaint shall be issued without
previous appointment by the justice. [2010 c 8 § 3006; 1971
ex.s. c 292 § 12; 1903 c 19 § 3; Code 1881 § 1718; 1873 p
337 § 25; RRS § 1764.]
Additional notes found at www.leg.wa.gov
12.04.090
12.04.090 Proof of service. Proof of service in either of
the above cases shall be as follows: When made by a constable or sheriff his or her return signed by him or her and
indorsed on the paper or process. When made by any person
other than such officer, then by the affidavit of the person
making the service. [2010 c 8 § 3007; Code 1881 § 1719;
1873 p 337 § 26; RRS § 1765.]
12.04.100
12.04.100 Service by publication. In case personal service cannot be had by reason of the absence of the defendant
from the county in which the action is sought to be commenced, it shall be proper to publish the summons or notice
with a brief statement of the object and prayer of the claim or
complaint, in some newspaper of general circulation in the
county wherein the action is commenced, which notice shall
be published not less than once a week for three weeks prior
to the time fixed for the hearing of the cause, which shall not
be less than four weeks from the first publication of the
notice.
The notice may be substantially as follows:
The State of Washington,
County of . . . . . . . . . .
ss.
In justice’s court, . . . . . . justice.
To . . . . . . . . . . . . . .
(2010 Ed.)
Commencement of Actions
You are hereby notified that . . . . . . has filed a complaint (or claim as the case may be) against you in said
court which will come on to be heard at my office in
. . . . . . . ., in . . . . . . county, state of Washington, on the
. . . . day of . . . . . ., A.D. 19 . . ., at the hour of . . . .
o’clock . . . .m., and unless you appear and then and there
answer, the same will be taken as confessed and the
demand of the plaintiff granted. The object and demand of
said claim (or complaint, as the case may be) is (here insert
a brief statement).
Complaint filed . . . . . ., A.D. 19 . . .
. . . . . . . . . . . . . . . . . . . ., J. P.
[1985 c 469 § 6; Code 1881 § 1720; 1873 p 337 § 27; RRS §
1766.]
Legal publications: Chapter 65.16 RCW.
12.04.110 Proof of service by publication. Proof of
service, in case of publication, shall be the affidavit of the
publisher, printer, foreperson, or principal clerk, showing the
same. [2010 c 8 § 3008; Code 1881 § 1721; 1873 p 338 § 28;
RRS § 1767.]
12.04.110
12.04.120 Written admission as proof of service. The
written admission of the defendant, his or her agent or attorney, indorsed upon any summons, complaint and notice, or
other paper, shall be complete proof of service in any case.
[2010 c 8 § 3009; Code 1881 § 1722; 1873 p 338 § 29; RRS
§ 1768.]
12.04.120
12.04.130 Jurisdiction, when acquired. The court
shall be deemed to have obtained possession of the case from
the time the complaint or claim is filed, after completion of
service, whether by publication or otherwise, and shall have
control of all subsequent proceedings. In the case of proceedings to civilly enforce a money judgment entered in a municipal court or municipal department of a district court organized under the laws of this state, the court shall have jurisdiction over the proceedings from the time of filing an
abstract or transcript of judgment; upon which filing the
municipal judgment shall be recognized as a judgment of the
court, provided that the court shall not have authority to
vacate or amend the underlying municipal judgment. [2007 c
46 § 4; Code 1881 § 1723; 1873 p 338 § 30; RRS § 1769.]
12.04.180
cess against a defendant under the age of eighteen years, the
action shall not be further prosecuted, until a guardian for
such defendant shall have been appointed, except as provided
under RCW 26.50.020. Upon the request of such defendant,
the justice shall appoint some person who shall consent
thereto in writing, to be guardian of the defendant in defense
of the action; and if the defendant shall not appear on the
return day of the process, or if he or she neglect or refuse to
nominate such guardian, the justice may, at the request of the
plaintiff, appoint any discreet person as such guardian. The
consent of the guardian or next friend shall be filed with the
justice; and such guardian for the defendant shall not be liable
for any costs in the action. [1992 c 111 § 11; 1971 ex.s. c 292
§ 76; Code 1881 § 1754; 1873 p 343 § 53; 1854 p 230 § 41;
RRS § 1772.]
Findings—1992 c 111: See note following RCW 26.50.030.
Additional notes found at www.leg.wa.gov
12.04.160
12.04.160 Time for appearance. The parties shall be
entitled to one hour in which to make their appearance after
the time mentioned in the summons or notice for appearance,
but shall not be required to remain longer than that time,
unless both parties appear; and the justice being present, is
actually engaged in the trial of another action or proceeding;
in such case he or she may postpone the time of appearance
until the close of such trial. [2010 c 8 § 3010; 1957 c 89 § 1;
Code 1881 § 1755; 1873 p 344 § 54; 1854 p 230 § 42; RRS §
1773.]
12.04.130
12.04.140 Action by person under eighteen years.
Except as provided under RCW 26.50.020, no action shall be
commenced by any person under the age of eighteen years,
except by his guardian, or until a next friend for such a person
shall have been appointed. Whenever requested, the justice
shall appoint some suitable person, who shall consent thereto
in writing, to be named by such plaintiff, to act as his or her
next friend in such action, who shall be responsible for the
costs therein. [1992 c 111 § 10; 1971 ex.s. c 292 § 75; Code
1881 § 1753; 1873 p 343 § 52; 1854 p 230 § 40; RRS § 1771.]
12.04.170
12.04.170 Security for nonresident costs. Whenever
the plaintiff in an action, or in a garnishment or other proceeding is a nonresident of the county or begins such action
or proceeding as the assignee of some other person, or of a
firm or corporation, as to all causes of action sued upon, the
justice may require of him or her security for the costs in the
action or proceeding in a sum not exceeding fifty dollars, at
the time of the commencement of the action, and after an
action or proceeding has been commenced by such nonresident or assignee plaintiff, the defendant or garnishee defendant may require such security by motion; and all proceedings shall be stayed until such security has been given. [2010
c 8 § 3011; 1929 c 102 § 1; 1905 c 10 § 1; Code 1881 § 1725;
1854 p 228 § 27; RRS § 1777.]
12.04.140
Findings—1992 c 111: See note following RCW 26.50.030.
Additional notes found at www.leg.wa.gov
12.04.150 Action against defendant under eighteen
years—Guardian ad litem. After service and return of pro12.04.150
(2010 Ed.)
12.04.180
12.04.180 Cost bond in lieu of security. In lieu of separate security for each action or proceeding in any court, the
plaintiff may cause to be executed and filed in the court a
bond in the penal sum of fifty dollars running to the state of
Washington, with surety approved by the court, and conditioned for the payment of all judgments for costs which may
thereafter be rendered against him or her in that court. Any
defendant or garnishee who shall thereafter recover a judgment for costs in said court against the principal on such bond
shall likewise be entitled to judgment against the sureties.
Such bond shall not be sufficient unless the penalty thereof is
unimpaired by any outstanding obligation at the time of the
commencement of the action. [2010 c 8 § 3012; 1929 c 102
§ 2; RRS § 1777 1/2.]
[Title 12 RCW—page 3]
12.04.190
Title 12 RCW: District Courts—Civil Procedure
12.04.190
12.04.190 Penalty for failure to execute process or
false return. If any officer, without showing good cause
therefor, fail to execute any process to him or her delivered,
and make due return thereof, or make a false return, such
officer, for every such offense, shall pay to the party injured
ten dollars, and all damage such party may have sustained by
reason thereof, to be recovered in a civil action. [2010 c 8 §
3013; Code 1881 § 1752; 1873 p 343 § 51; 1854 p 230 § 39;
RRS § 1776.]
law exempts), and make sale thereof according to law, to
the amount of said sum and costs upon this writ, and the
same return to me within thirty days, to be rendered to the
said A B, for his or her debt, interests and costs.
Given under my hand this . . . . day of . . . . . . . .,
19 . . .
J. P., Justice of the Peace.
FORM OF EXECUTION AGAINST PRINCIPAL
AND SURETY, AFTER EXPIRATION OF
STAY OF EXECUTION
12.04.200
12.04.200 Forms or equivalents prescribed. The
forms or equivalent forms as set forth in RCW 12.04.201
through 12.04.208 may be used by justices of the peace, in
civil actions and proceedings under this chapter. [1957 c 89
§ 3. Prior: Code 1881 § 1885, part; 1873 p 373 c 16, part;
1863 p 370 c 16, part; 1854 p 253 c 19, part; RRS § 1890,
part.]
12.04.201
12.04.201 Form of subpoena.
FORM OF SUBPOENA
State of Washington,
County of . . . . . . . . . . . . . . .,
ss.
To . . . . . . . . . . . . . . :
In the name of the state of Washington, you are hereby
required to appear before the undersigned, one of the justices of the peace in and for said county, on the . . . . day of
. . . . . ., 19 . . ., at . . . . o’clock in the . . . . noon, at his or
her office in . . . . . ., to give evidence in a certain cause,
then and there to be tried, between A B, plaintiff, and C D,
defendant, on the part of (the plaintiff, or defendant as the
case may be).
Given under my hand this . . . . day of . . . . . . . .,
19 . . .
J. P., Justice of the Peace.
[2010 c 8 § 3014; 1957 c 89 § 4. Prior: Code 1881 § 1885,
part; 1873 p 373 c 16, part; 1863 p 370 c 16, part; 1854 p 253
c 19, part; RRS § 1890, part.]
12.04.203
12.04.203 Form of execution—Form of execution
against principal and surety, after expiration of stay of
execution.
FORM OF EXECUTION
State of Washington,
County of . . . . . . . . . . . . . . .,
ss.
To the sheriff or any constable of said county:
Whereas, judgment against C D, for the sum of
. . . . . . . . . dollars, and . . . . . . . . . dollars cost of suit, was
recovered on the . . . . day of . . . . . ., 19 . . ., before the
undersigned, one of the justices of the peace in and for said
county, at the suit of A B. These are, therefore, in the name
of the state of Washington, to command you to levy on the
goods and chattels of the said C D (excepting such as the
[Title 12 RCW—page 4]
State of Washington,
County of . . . . . . . . . . . . . . .,
ss.
To the sheriff or any constable of said county:
Whereas, judgment against C D for the sum of
. . . . . . . . . dollars, and for . . . . . . . . . dollars, costs of
suit, was recovered on the . . . . day of . . . . . ., 19 . . .,
before the undersigned, one of the justices of the peace in
and for said county, at the suit of A B; and whereas, on the
. . . . day of . . . . . ., 19 . . ., E F became surety to pay said
judgment and costs, in . . . . . . month from the date of the
judgment aforesaid, agreeably to law, in the payment of
which said C D and E F have failed; these are, therefore, in
the name, etc., [as in the common form].
[2010 c 8 § 3015; 1957 c 89 § 5. Prior: Code 1881 § 1895,
part; 1873 p 373 c 16, part; 1863 p 370 c 16, part; 1854 p 253
c 19, part; RRS § 1890, part.]
12.04.204 Form of order in replevin.
12.04.204
FORM OF ORDER IN REPLEVIN
State of Washington,
County of . . . . . . . . . . . . . . .,
ss.
To the sheriff or any constable of said county:
In the name of the state of Washington, you are hereby
commanded to take the personal property mentioned and
described in the within affidavit, and deliver the same to the
plaintiff, upon receiving a proper undertaking, unless
before such delivery, the defendant enter into a sufficient
undertaking for the delivery thereof to the plaintiff, if delivery be adjudged.
Given under my hand this . . . . day of . . . . . . . .,
19 . . .
J. P., Justice of the Peace.
[1957 c 89 § 6. Prior: Code 1881 § 1885, part; 1873 p 373 c
16, part; 1863 p 370 c 16, part; 1854 p 253 c 19, part; RRS §
1890, part.]
12.04.205 Form of a writ of attachment.
12.04.205
FORM OF A WRIT OF ATTACHMENT
State of Washington,
County of . . . . . . . . . . . . . . .,
ss.
(2010 Ed.)
Pleadings
To the sheriff or any constable of said county:
In the name of the state of Washington, you are commanded to attach, and safely keep, the goods and chattels,
moneys, effects and credits of C D, (excepting such as the
law exempts), or so much thereof as shall satisfy the sum of
. . . . . . dollars, with interest and cost of suit, in whosesoever hands or possession the same may be found in your
county, and to provide that the goods and chattels so
attached may be subject to further proceeding thereon, as
the law requires; and of this writ make legal service and due
return.
Given under my hand this . . . . day of . . . . . . . . . .,
19 . . .
J. P., Justice of the Peace.
12.08.020
in which A B is plaintiff; Now, therefore, we C D, defendant,
E F, and G H, acknowledge ourselves bound unto J K, constable, in the sum of . . . . . . dollars, [double the value of the
property], engaging to deliver the property attached, to wit:
[here set forth a list of articles attached], or pay the value
thereof to the sheriff or constable, to whom the execution
upon a judgment obtained by plaintiff in the aforesaid action
may be issued.
Dated this . . . . day of . . . . . ., 19 . . . C D, E F, G H.
[2010 c 8 § 3017; 1957 c 89 § 9. Prior: Code 1881 § 1885,
part; 1873 p 373 c 16, part; 1863 p 370 c 16, part; 1854 p 253
§ 19, part; RRS § 1890, part.]
12.04.208 Form of undertaking to indemnify constable on claim of property by a third person.
12.04.208
[1957 c 89 § 7. Prior: Code 1881 § 1885, part; 1873 p 373 c
16, part; 1863 p 370 c 16, part; 1854 p 253 c 19, part; RRS §
1890, part.]
12.04.206 Form of undertaking in replevin.
12.04.206
FORM OF UNDERTAKING IN REPLEVIN
Whereas, A B, plaintiff, has commenced an action
before J P, one of the justices of the peace in and for . . . . . .
county, against C D, defendant, for the recovery of certain
personal property, mentioned and described in the affidavit of
the plaintiff, to wit: [here set forth the property claimed].
Now, therefore we, A B, plaintiff, E F and G H, acknowledge
ourselves bound unto C D in the sum of . . . . . . dollars for
the prosecution of the action for the return of the property to
the defendant, if return thereof be adjudged, and for the payment to him or her of such sum as may for any cause be
recovered against the plaintiff.
Dated the . . . . day of . . . . . ., 19 . . . A B, E F, G H.
FORM OF UNDERTAKING
TO INDEMNIFY CONSTABLE ON CLAIM OF
PROPERTY BY A THIRD PERSON
Whereas, L M, claims to be owner of, and have the right
to possession of certain personal property, to wit: [here
describe it] which has been taken by J K, constable in . . . . . .
county, upon an execution by J P, justice of the peace in and
for the county of . . . . . ., upon a judgment obtained by A B,
plaintiff, against C D, defendant; Now, therefore, we A B,
plaintiff, E F, and G H, acknowledge ourselves bound unto
the said J K, constable, in the sum of . . . . . . dollars, to
indemnify the said J K against such claim. A B, E F, G H.
[1957 c 89 § 10. Prior: Code 1881 § 1885, part; 1873 p 373 c
16, part; 1863 p 370 c 16, part; 1854 p 253 c 19, part; RRS §
1890, part.]
Chapter 12.08
[2010 c 8 § 3016; 1957 c 89 § 8. Prior: Code 1881 § 1885,
part; 1873 p 373 c 16, part; 1863 p 370 c 16, part; 1854 p 253
c 19, part; RRS § 1890, part.]
12.04.207 Form of undertaking in attachment—
Form of undertaking to discharge attachment.
12.04.207
FORM OF UNDERTAKING IN ATTACHMENT
Whereas, an application has been made by A B, plaintiff,
to J P, one of the justices of the peace in and for . . . . . .
county, for a writ of attachment against the personal property
of C D, defendant; Now, therefore, we, A B, plaintiff, and
E F, acknowledge ourselves bound to C D in the sum of
. . . . . . dollars, that if the defendant recover judgment in this
action, the plaintiff will pay all costs that may be awarded to
the defendant, and all damages which he or she may sustain
by reason of the said attachment and not exceeding the sum
of . . . . . . dollars.
Dated the . . . . day of . . . . . ., 19 . . . A B, E F.
FORM OF UNDERTAKING
TO DISCHARGE ATTACHMENT
Whereas, a writ of attachment has been issued by J P,
one of the justices of the peace in and for . . . . . . county,
against the personal property of C D, defendant, in an action
(2010 Ed.)
Chapter 12.08 RCW
PLEADINGS
Sections
12.08.010
12.08.020
12.08.030
12.08.040
12.08.050
12.08.060
12.08.070
12.08.080
12.08.090
12.08.100
12.08.110
12.08.120
When pleadings take place.
What constitute pleadings.
Pleadings oral or written.
Docketing or filing.
Denial of knowledge or information—Effect.
Pleading account or instrument.
Verification.
Uncontroverted allegations—Effect.
Objections to pleadings—Amendment.
Variance between pleading and proof.
Amendments—Continuance.
Setoff—Pleading.
12.08.010 When pleadings take place. The pleadings
in justice’s court shall take place upon the appearance of the
parties, unless they shall have been previously filed or unless
the justice shall, for good cause shown, allow a longer time
than the time of appearance. [Code 1881 § 1756; 1873 p 344
§ 55; 1854 p 231 § 43; RRS § 1778.]
12.08.010
12.08.020 What constitute pleadings. The pleadings
in the justice’s court shall be:
(1) The complaint of the plaintiff, which shall state in a
plain and direct manner the facts constituting the cause of
action.
12.08.020
[Title 12 RCW—page 5]
12.08.030
Title 12 RCW: District Courts—Civil Procedure
(2) The answer of the defendant, which may contain a
denial of the complaint, or any part thereof; and also a statement, in a plain and direct manner, of any facts constituting a
defense.
(3) When the answer sets up a setoff, by way of defense,
the reply of the plaintiff. [Code 1881 § 1757; 1873 p 344 §
56; 1854 p 231 § 44; RRS § 1779.]
12.08.030 Pleadings oral or written. The pleadings in
justices’ courts may be oral or in writing. [1957 c 89 § 11;
Code 1881 § 1758; 1873 p 344 § 57; 1854 p 231 § 45; RRS §
1780.]
12.08.030
12.08.040 Docketing or filing. When the pleadings are
oral, the substance of them shall be entered by the justice in
his or her docket. When in writing they shall be filed in his
or her office and a reference made to them in his or her
docket. Pleadings shall not be required to be in any particular
form, but shall be such as to enable a person of common
understanding to know what is intended. [2010 c 8 § 3018;
Code 1881 § 1759; 1873 p 345 § 58; 1854 p 231 § 46; RRS §
1781.]
12.08.040
12.08.050 Denial of knowledge or information—
Effect. A statement in an answer or reply, that the party has
not sufficient knowledge or information, in respect to a particular allegation in the previous pleadings of the adverse
party to form a belief, shall be deemed equivalent to a denial.
[Code 1881 § 1760; 1873 p 345 § 59; 1854 p 231 § 47; RRS
§ 1782.]
12.08.050
12.08.090 Objections to pleadings—Amendment.
Either party may object to a pleading by his or her adversary,
or to any part thereof that is not sufficiently explicit for him
or her to understand it, or that it contains no cause of action or
defense although it be taken as true. If the court deem the
objection well founded, it shall order the pleading to be
amended; and if the party refuse to amend, the defective
pleading shall be disregarded. [2010 c 8 § 3022; Code 1881
§ 1764; 1873 p 345 § 63; 1854 p 232 § 51; RRS § 1786.]
12.08.090
12.08.100 Variance between pleading and proof. A
variance between the proof on the trial, and the allegations in
a pleading, shall be disregarded as immaterial, unless the
court be satisfied that the adverse party has been misled to his
or her prejudice thereby. [2010 c 8 § 3023; Code 1881 §
1765; 1873 p 346 § 64; 1854 p 232 § 52; RRS § 1787.]
12.08.100
12.08.110 Amendments—Continuance. The pleadings may be amended at any time before the trial, or during
the trial, or upon appeal, to supply any deficiency or omissions in the allegations or denials, necessary to support the
action or defense, when by such amendment substantial justice will be promoted. If the amendment be made after the
issue, and it be made to appear to the satisfaction of the court
that a continuance is necessary to the adverse party in consequence of such amendment, a continuance shall be granted.
The court may also, in its discretion, require as a condition of
an amendment, the payment of costs to the adverse party.
[Code 1881 § 1766; 1873 p 346 § 65; 1854 p 232 § 53; RRS
§ 1788.]
12.08.110
12.08.120 Setoff—Pleading. To entitle a defendant to
any setoff he or she may have against the plaintiff, he or she
must allege the same in his or her answer; and the statutes
regulating setoffs in the superior court, shall in all respects be
applicable to a setoff in a justice’s court, if the amount
claimed to be setoff, after deducting the amount found due to
the plaintiff, be within the jurisdiction of the justice of the
peace; judgment may, in like manner, be rendered by the justice in favor of the defendant, for the balance found due the
plaintiff. [2010 c 8 § 3024; Code 1881 § 1767; 1873 p 346 §
66; 1854 p 232 § 54; RRS § 1789.]
12.08.120
12.08.060 Pleading account or instrument. When the
cause of action, or setoff, arises upon an account or instrument for the payment of money only, it shall be sufficient for
the party to deliver the account or instrument, or a copy
thereof, to the court, and to state that there is due to him or her
thereon, from the adverse party, a specified sum, which he or
she claims to recover or setoff. The court may, at the time of
pleading, require that the original account, or instrument, be
exhibited to the inspection of the adverse party, with liberty
to copy the same; or if not so exhibited, may prohibit its being
given in evidence. [2010 c 8 § 3019; Code 1881 § 1761; 1873
p 345 § 60; 1854 p 231 § 48; RRS § 1783.]
12.08.060
12.08.070 Verification. Every complaint, answer, or
reply shall be verified by the oath of the party pleading; or if
he or she be not present, by the oath of his or her attorney or
agent, to the effect that he or she believes it to be true. The
verification shall be oral, or in writing, in conformity with the
pleading verified. [2010 c 8 § 3020; Code 1881 § 1762; 1873
p 345 § 61; 1854 p 232 § 49; RRS § 1784.]
Reviser’s note: Justices of the peace and courts to be construed to mean
district judges and courts: See RCW 3.30.015.
12.08.070
12.08.080 Uncontroverted allegations—Effect. Every
material allegation in a complaint, or relating to a setoff in an
answer, not denied by the pleading of the adverse party, shall,
on the trial, be taken to be true, except that when a defendant,
who has not been served with a copy of the complaint, fails to
appear and answer, the plaintiff cannot recover without proving his or her case. [2010 c 8 § 3021; Code 1881 § 1763;
1873 p 345 § 62; 1854 p 232 § 50; RRS § 1785.]
12.08.080
[Title 12 RCW—page 6]
Chapter 12.12
Chapter 12.12 RCW
TRIAL
Sections
12.12.010
12.12.020
12.12.030
12.12.070
12.12.080
12.12.090
Continuances limited.
Trial by justice.
Jury—Number—Qualifications—Fee.
Oath administered.
Delivery of verdict.
Discharge of jury.
12.12.010 Continuances limited. When the pleadings
of the party shall have taken place, the justice shall, upon the
application of either party, and sufficient cause be shown on
oath, continue the case for any time not exceeding sixty days.
If the continuance be on account of absence of testimony, it
shall be for such reasonable time as will enable the party to
12.12.010
(2010 Ed.)
Witnesses and Depositions
procure such testimony, and shall be at the cost of the party
applying therefor, unless otherwise ordered by the justice;
and in all other respects shall be governed by the law applicable to continuance in the superior court. [1957 c 89 § 12;
Code 1881 § 1769; 1873 p 346 § 68; 1854 p 232 § 56; RRS §
1847.]
12.12.020 Trial by justice. Upon issue joined, if a jury
trial be not demanded, the justice shall hear the evidence, and
decide all questions of law and fact, and render judgment
accordingly. [Code 1881 § 1782; 1873 p 350 § 81; 1854 p
237 § 82; RRS § 1848.]
12.16.090
12.16.050
Examination of party in his or her own behalf.
Oaths and affirmations: Chapter 5.28 RCW.
12.16.015 District court may compel attendance of
witness. Any person may be compelled to attend as a witness
before a district court in accordance with chapter 5.56 RCW.
[1984 c 258 § 702.]
12.16.015
12.12.020
12.12.030 Jury—Number—Qualifications—Fee.
After the appearance of the defendant, and before the judge
shall proceed to enquire into the merits of the cause, either
party may demand a jury to try the action, which jury shall be
composed of six good and lawful persons having the qualifications of jurors in the superior court of the same county,
unless the parties shall agree upon a lesser number: PROVIDED, That the party demanding the jury shall first pay to
the clerk of the court the sum of one hundred twenty-five dollars, which shall be paid over by the clerk of the court to the
county, and such amount shall be taxed as costs against the
losing party. [2005 c 457 § 13; 1981 c 260 § 3. Prior: 1977
ex.s. c 248 § 2; 1977 ex.s. c 53 § 2; 1888 p 118 § 1; Code
1881 § 1770; 1863 p 438 § 51; 1862 p 58 § 1; 1854 p 235 §
70; RRS § 1849.]
12.12.030
Intent—2005 c 457: See note following RCW 43.08.250.
12.12.070 Oath administered. When the jury is
selected, the justice shall administer to them an oath or affirmation, well and truly to try the cause. [Code 1881 § 1776;
1873 p 348 § 75; 1854 p 236 § 76; RRS § 1853.]
12.12.070
12.12.080 Delivery of verdict. When the jury have
agreed on their verdict, they shall deliver the same to the justice, publicly, who shall enter it on his or her docket. [2010 c
8 § 3025; Code 1881 § 1777; 1873 p 348 § 76; 1854 p 236 §
77; RRS § 1854.]
12.12.080
12.12.090 Discharge of jury. Whenever a justice shall
be satisfied that a jury, sworn in any civil cause before him or
her, having been out a reasonable time, cannot agree on their
verdict, he or she may discharge them, and issue a new
venire, unless the parties consent that the justice may render
judgment on the evidence before him or her, or upon such
other evidence as they may produce. [2010 c 8 § 3026; Code
1881 § 1778; 1873 p 348 § 77; 1854 p 236 § 78; RRS § 1855.]
12.12.090
Chapter 12.16
Chapter 12.16 RCW
WITNESSES AND DEPOSITIONS
Sections
12.16.015
12.16.020
12.16.030
12.16.040
12.16.050
12.16.060
12.16.070
12.16.080
(2010 Ed.)
District court may compel attendance of witness.
Service of subpoena.
Attachment for nonappearance.
Service of attachment—Fees.
Damages for nonappearance.
Party to action as adverse witness.
Testimony of party may be rebutted.
Procedure on party’s refusal to testify.
Additional notes found at www.leg.wa.gov
12.16.020 Service of subpoena. A subpoena may be
served by any person above the age of eighteen years, by
reading it to the witness, or by delivering to him or her a copy
at his or her usual place of abode. [2010 c 8 § 3027; Code
1881 § 1870; 1873 p 370 § 169; 1854 p 233 § 58; RRS §
1899.]
12.16.020
12.16.030 Attachment for nonappearance. Whenever
it shall appear to the satisfaction of the justice, by proof made
before him or her, that any person, duly subpoenaed to appear
before him or her in an action, shall have failed, without a just
cause, to attend as a witness, in conformity to such subpoena,
and the party in whose behalf such subpoena was issued, or
his or her agent, shall make oath that the testimony of such
witness is material, the justice shall have the power to issue
an attachment to compel the attendance of such witness:
PROVIDED, That no attachment shall issue against a witness
in any civil action, unless his or her fees for mileage and one
day’s attendance have been tendered or paid in advance, if
previously demanded by such witness from the person serving the subpoena. [2010 c 8 § 3028; Code 1881 § 1871; 1873
p 370 § 170; 1854 p 233 § 59; RRS § 1900.]
12.16.030
Attachment of a witness: RCW 5.56.070.
When witness must attend: RCW 5.56.010.
12.16.040 Service of attachment—Fees. Every such
attachment may be directed to any sheriff or constable of the
county in which the justice resides, and shall be executed in
the same manner as a warrant; and the fees of the officer for
issuing and serving the same shall be paid by the person
against whom the same was issued, unless he or she show
reasonable cause, to the satisfaction of the justice, for his or
her omission to attend; in which case the party requiring such
attachment shall pay all such costs. [2010 c 8 § 3029; Code
1881 § 1872; 1873 p 370 § 171; 1854 p 233 § 60; RRS §
1901.]
12.16.040
Attachment, to whom directed—Execution: RCW 5.56.080.
12.16.050 Damages for nonappearance. Every person
subpoenaed as aforesaid, and neglecting to appear, shall also
be liable to the party in whose behalf he or she may have been
subpoenaed, for all damages which such party may have sustained by reason of his or her nonappearance: PROVIDED,
That such witness had the fees allowed for mileage and one
day’s attendance paid, or tendered him or her, in advance, if
demanded by him or her at the time of the service. [2010 c 8
§ 3030; Code 1881 § 1873; 1873 p 371 § 172; 1854 p 234 §
61; RRS § 1902.]
12.16.050
Result of failure to attend: RCW 5.56.060, 5.56.061.
When witness must attend: RCW 5.56.010.
[Title 12 RCW—page 7]
12.16.060
Title 12 RCW: District Courts—Civil Procedure
12.16.060 Party to action as adverse witness. A party
to an action may be examined as a witness, at the instance of
the adverse party, and for that purpose may be compelled in
the same manner, and subject to the same rules of examination, as any other witness, to testify at the trial, or appear and
have his or her deposition taken. [2010 c 8 § 3031; Code
1881 § 1874; 1873 p 371 § 173; 1854 p 234 § 62; RRS §
1903.]
12.16.060
12.16.070 Testimony of party may be rebutted. The
examination of a party thus taken, may be rebutted by
adverse testimony. [Code 1881 § 1875; 1873 p 371 § 174;
1854 p 234 § 63; RRS § 1904.]
12.16.070
12.16.080 Procedure on party’s refusal to testify. If a
party refuse to attend and testify at the trial, or give his or her
deposition before trial, when required, his or her complaint,
answer or reply, may be stricken out, and judgment taken
against him or her. [2010 c 8 § 3032; Code 1881 § 1876;
1873 p 371 § 175; 1854 p 234 § 64; RRS § 1905.]
12.16.080
Penalty for failure to testify: Rules of court: CR 43(f)(3).
12.16.090 Examination of party in his or her own
behalf. A party examined by an adverse party may be examined on his or her own behalf, in respect to any matter pertinent to the issue. But if he or she testify to any new matter,
not responsive to the inquiries put to him or her by the
adverse party, or necessary to qualify or explain his or her
answer thereto, or to discharge, when his or her answer would
charge himself or herself, such adverse party may offer himself or herself as a witness, and he or she shall be so received.
[2010 c 8 § 3033; Code 1881 § 1877; 1873 p 371 § 176; 1854
p 234 § 65; RRS § 1906.]
12.16.090
Chapter 12.20
Chapter 12.20 RCW
JUDGMENTS
Sections
12.20.010
12.20.020
12.20.030
12.20.040
12.20.050
12.20.060
12.20.070
§ 3034; Code 1881 § 1780; 1873 p 348 § 79; 1863 p 349 § 61;
1854 p 236 § 80; RRS § 1857.]
12.20.020
12.20.020 Judgment by default. When the defendant
fails to appear and plead at the time specified in the notice, or
within one hour thereafter, judgment shall be given as follows:
(1) When the defendant has been served with a true copy
of the complaint, judgment shall be given without further evidence for the sum specified therein;
(2) In other cases, the justice shall hear the evidence of
the plaintiff, and render judgment for such sum only as shall
appear by the evidence to be just, but in no case exceed the
amount specified in the complaint.
(3) The justice shall have full power at any time after a
judgment has been given by default for failure of the defendant to appear and plead at the proper time, to vacate and set
aside said judgment for any good cause and upon such terms
as he or she shall deem sufficient and proper. Such judgment
shall only be set aside upon five days notice in writing served
upon the plaintiff or the plaintiff’s attorney and filed with the
justice within ten days after the entry of the judgment. The
justice shall hear the application to set aside such judgment
either upon affidavits or oral testimony as he or she may
deem proper. In case such judgment is set aside the making
of the application for setting the same aside shall be considered an entry of general appearance in the case by the applicant, and the case shall duly proceed to a trial upon the merits: PROVIDED, That, no justice of the peace shall pay out
or turn over money or property received by him or her by virtue of any default judgment until the expiration of the ten
days for moving to set aside such default judgment has
expired. [2010 c 8 § 3035; 1915 c 41 § 1; Code 1881 § 1781;
1873 p 349 § 79; 1863 p 349 § 62; 1854 p 237 § 81; RRS §
1858.]
12.20.030
Judgment of dismissal.
Judgment by default.
Judgment on merits.
Tender—Effect of, on judgment.
Setoff—Limitation of judgment.
Judgment for costs—Attorney’s fee—Costs in civil actions for
the recovery of money only.
Proceedings where title to land is involved.
Reviser’s note: References in this chapter to justices of the peace and
courts to be construed to mean district judges and courts: See RCW
3.30.015.
12.20.010 Judgment of dismissal. Judgment that the
action be dismissed, without prejudice to a new action, may
be entered, with costs, in the following cases:
(1) When the plaintiff voluntarily dismisses the action
before it is finally submitted.
(2) When he or she fails to appear at the time specified in
the notice, upon continuance, or within one hour thereafter.
(3) When it is objected at the trial, and appears by the
evidence that the action is brought in the wrong precinct; but
if the objection be taken and overruled, it shall be cause only
of reversal or appeal; if not taken at the trial it shall be
deemed waived, and shall not be cause of reversal. [2010 c 8
12.20.010
[Title 12 RCW—page 8]
12.20.030 Judgment on merits. Upon the verdict of a
jury, the justice shall immediately render judgment thereon.
When the trial is by the justice, judgment shall be entered
within three days after the close of the trial. [1957 c 89 § 13;
Code 1881 § 1783; 1873 p 350 § 82; 1854 p 237 § 83; RRS §
1859.]
12.20.040
12.20.040 Tender—Effect of, on judgment. If the
defendant, at any time before the trial, offer in writing to
allow judgment to be taken against him or her for a specified
sum, the plaintiff may immediately have judgment therefor,
with costs then accrued; but if he or she do not accept such
offer before the trial, and fail to recover on the trial of the
action, a sum greater than the offer, such plaintiff shall not
recover any costs that may accrue after he or she shall have
been notified of the offer of the defendant, but such costs
shall be adjudged against him or her, and if he or she recover,
deducted from his or her recovery. But the offer and failure
to accept it, shall not be given in evidence to affect the recovery, otherwise than as to costs, as above provided. [2010 c 8
§ 3036; Code 1881 § 1784; 1873 p 350 § 83; 1863 p 350 § 65;
1854 p 237 § 84; RRS § 1860.]
(2010 Ed.)
Replevin
12.20.050
12.20.050 Setoff—Limitation of judgment. When the
setoff of the defendant proved shall exceed the claim of the
plaintiff, and such excess in amount exceed the jurisdiction of
a justice of the peace, the court shall allow such amount as is
necessary to cancel the plaintiff’s claim, and give the defendant a judgment for costs; but in such case, the court shall not
render judgment for any further sum in favor of the defendant. [Code 1881 § 1768; 1873 p 346 § 67; 1854 p 232 § 55;
RRS § 1861.]
12.20.060
12.20.060 Judgment for costs—Attorney’s fee—
Costs in civil actions for the recovery of money only. (1)
When the prevailing party in district court is entitled to
recover costs as authorized in RCW 4.84.010 in a civil action,
the judge shall add the amount thereof to the judgment; in
case of failure of the plaintiff to recover or of dismissal of the
action, the judge shall enter up a judgment in favor of the
defendant for the amount of his or her costs; and in case any
party so entitled to costs is represented in the action by an
attorney, the judge shall include attorney’s fees in the amount
provided in RCW 4.84.080 as part of the costs: PROVIDED,
HOWEVER, That the plaintiff shall not be entitled to such
attorney fee unless he or she obtains, exclusive of costs, a
judgment in the sum of fifty dollars or more: AND PROVIDED FURTHER, That if the plaintiff obtains judgment,
exclusive of costs, of at least fifty dollars but less than two
hundred dollars, the judge shall include attorney fees of one
hundred twenty-five dollars as part of the costs.
(2)(a) In any district court civil action for the recovery of
money only, the plaintiff will be considered the prevailing
party for the purpose of awarding costs, including a statutory
attorney fee, if: (i) The defendant makes full or partial payment of the amounts sought by the plaintiff prior to the entry
of judgment; and (ii) before such payment is tendered, the
plaintiff has notified the defendant in writing that the full or
partial payment of the amounts sued for might result in an
award of costs. The plaintiff is not entitled to a statutory
attorney fee unless the amount prayed for, exclusive of costs,
is fifty dollars or more, and if the amount prayed for, exclusive of costs, is at least fifty dollars but less than two hundred
dollars, the judgment must include a statutory attorney fee of
one hundred twenty-five dollars as part of the costs.
(b) For the purposes of this section, "plaintiff" includes a
counterclaimant, cross-claimant, and third-party plaintiff,
and "defendant" includes a party defending a counterclaim,
cross-claim, or third-party claim.
(c) A party may demand, offer, or accept payment of
statutory costs before the entry of judgment in an action.
(d) This section may not be construed to (a) [(i)] authorize an award of costs if the action is resolved by a negotiated
settlement or (b) [(ii)] limit or bar the operation of cost-shifting provisions of other statutes or court rules. [2009 c 240 §
3; 2004 c 123 § 2; 1993 c 341 § 1; 1985 c 240 § 2; 1984 c 258
§ 89; 1975-’76 2nd ex.s. c 30 § 1; 1915 c 43 § 1; 1893 c 12 §
1; Code 1881 § 1785; 1873 p 350 § 84; 1854 p 237 § 85; RRS
§ 1862.]
Attorneys’ fee as costs in damage actions of ten thousand dollars or less:
RCW 4.84.250 through 4.84.300.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
12.36.010
12.20.070 Proceedings where title to land is involved.
If it appear on the trial of any cause before a justice of the
peace, from the evidence of either party, that the title to lands
is in question, which title shall be disputed by the other, the
justice shall immediately make an entry thereof in his or her
docket, and cease all further proceedings in the cause, and
shall certify and return to the superior court of the county, a
transcript of all the entries made in his or her docket, relating
to the cause, together with all the process and other papers
relating to the action, in the same manner, and within the
same time, as upon an appeal; and thereupon the parties shall
file their pleadings, and the superior court shall proceed in the
cause to final judgment and execution, in the same manner as
if the said action had been originally commenced therein, and
the cost shall abide the event of the suit. [2010 c 8 § 3037;
Code 1881 § 1868; 1873 p 369 § 167; 1854 p 235 § 69; RRS
§ 1863.]
12.20.070
Chapter 12.28
Chapter 12.28 RCW
REPLEVIN
Sections
12.28.005
Chapter 7.64 RCW available to plaintiff in action to recover
possession of personal property.
12.28.005 Chapter 7.64 RCW available to plaintiff in
action to recover possession of personal property. The
plaintiff in an action to recover the possession of personal
property may claim and obtain the immediate delivery of the
property, after a hearing, as provided in chapter 7.64 RCW.
[1979 ex.s. c 132 § 8.]
12.28.005
Additional notes found at www.leg.wa.gov
Chapter 12.36
Chapter 12.36 RCW
SMALL CLAIMS APPEALS
(Formerly: Appeals)
Sections
12.36.010
12.36.020
12.36.030
12.36.050
12.36.055
12.36.080
12.36.090
Appeal in small claims action authorized.
Appeal—Procedure—Notice filing—Fee—Bond or undertaking—Service—Costs of record preparation.
Stay of proceedings—Procedures—Return of property upon
stay—Enforcement upon denial.
Certification of record by district court—Transmittal to superior court—Powers of superior court upon transmittal.
Trial of an appeal from small claims judgment.
No dismissal for defective bond—Notice.
Judgment against appellant and sureties.
Costs in appeal from district courts: RCW 4.84.130.
12.36.010 Appeal in small claims action authorized.
Any person wishing to appeal a judgment or decision in a
small claims action may, in person or by his or her agent,
appeal to the superior court of the county where the judgment
was rendered or decision made: PROVIDED, There shall be
no appeal allowed unless the amount in controversy, exclusive of costs, exceeds two hundred fifty dollars: PROVIDED
FURTHER, That an appeal from the court’s determination or
order on a traffic infraction proceeding may be taken only in
accordance with RCW 46.63.090(5). [1997 c 352 § 7; 1979
ex.s. c 136 § 21; 1929 c 58 § 1; RRS § 1910. Prior: 1905 c 20
§ 1; 1891 c 29 § 1; Code 1881 § 1858; 1873 p 367 § 156;
1854 p 252 § 160.]
12.36.010
[Title 12 RCW—page 9]
12.36.020
Title 12 RCW: District Courts—Civil Procedure
Additional notes found at www.leg.wa.gov
12.36.020 Appeal—Procedure—Notice filing—Fee—
Bond or undertaking—Service—Costs of record preparation. (1) To appeal a judgment or decision in a small
claims action, an appellant shall file a notice of appeal in the
district court, pay the statutory superior court filing fee, post
the required bond or undertaking, and serve a copy of the
notice of appeal on all parties of record within thirty days
after the judgment is rendered or decision made.
(2) No appeal may be allowed, nor proceedings on the
judgment or decision stayed, unless a bond or undertaking
shall be executed on the part of the appellant and filed with
and approved by the district court. The bond or undertaking
shall be executed with two or more personal sureties, or a
surety company as surety, to be approved by the district
court, in a sum equal to twice the amount of the judgment and
costs, or twice the amount in controversy, whichever is
greater, conditioned that the appellant will pay any judgment,
including costs, as may be rendered on appeal. No bond is
required if the appellant is a county, city, town, or school district.
(3) When an appellant has filed a notice of appeal, paid
the statutory superior court filing fee and the costs of preparation of the complete record as set forth in *RCW
3.62.060(7), and posted the bond or undertaking as required,
the clerk of the district court shall immediately file a copy of
the notice of appeal, the filing fee, and the bond or undertaking with the superior court. [1998 c 52 § 1; 1997 c 352 § 8;
1929 c 58 § 2; RRS § 1911. Prior: 1891 c 29 § 1; Code 1881
§ 1859; 1873 p 367 §§ 157, 158; 1854 p 252 §§ 161, 162.]
12.36.020
*Reviser’s note: RCW 3.62.060 was amended by 2009 c 372 § 1,
changing subsection (7) to subsection (8).
12.36.030 Stay of proceedings—Procedures—Return
of property upon stay—Enforcement upon denial. When
an appeal and any necessary bond or undertaking are properly
filed in superior court pursuant to RCW 12.36.020(3), the
appellant may move in superior court to stay all further proceedings in the district court. If the stay is granted, all further
proceedings in district court on the judgment shall be suspended. If proceedings have commenced on motion of the
appellant the court may order the proceedings halted and
such process recalled.
If any property is held pursuant to such proceedings at
the time the stay is granted and the process recalled, such
property shall be returned immediately to the party entitled to
such property.
If the requested stay is denied, or no stay is requested, the
judgment will be enforced in superior court in the same manner as any other judgment rendered in that court. [1998 c 52
§ 2; 1997 c 352 § 9; 1929 c 58 § 3; RRS § 1912. Prior: Code
1881 § 1861; 1873 p 368 § 160; 1854 p 252 § 164.]
12.36.030
12.36.050 Certification of record by district court—
Transmittal to superior court—Powers of superior court
upon transmittal. (1) Within fourteen days after a small
claims appeal has been filed in superior court by the clerk of
the district court pursuant to RCW 12.36.020(3), the complete record as defined in subsection (2) of this section shall
be made and certified by the clerk of the district court to be
12.36.050
[Title 12 RCW—page 10]
correct. The clerk shall then immediately transmit the complete record to superior court. The superior court shall then
become possessed of the cause. All further proceedings shall
be in the superior court, including enforcement of any judgment rendered. Any superior court procedures such as arbitration or other methods of dispute resolution may be utilized
by the superior court in its discretion.
(2) The complete record shall consist of a transcript of all
entries made in the district court docket relating to the case,
together with all the process and other papers relating to the
case filed with the district court and a contemporaneous
recording made of the proceeding. [2001 c 156 § 1; 1998 c 52
§ 3; 1997 c 352 § 10; 1929 c 58 § 5; RRS §§ 1914, 1915.
Prior: 1891 c 29 § 4; Code 1881 § 1863; 1873 p 368 § 162;
1854 p 252 § 166. Formerly RCW 12.36.050 and 12.36.060.]
12.36.055 Trial of an appeal from small claims judgment. (1) The appeal from a small claims judgment or decision shall be de novo upon the record of the case, as entered
by the district court.
(2) Any cases heard in superior court pursuant to this
section may be heard by a duly appointed commissioner. As
used in this chapter "judge" includes any duly appointed
commissioner. [2001 c 156 § 2; 1997 c 352 § 11.]
12.36.055
12.36.080 No dismissal for defective bond—Notice.
No appeal under this chapter shall be dismissed on account of
any defect in the bond on appeal, if, within ten days of notice
to appellant of such defect, the appellant executes and files in
the court currently possessed of the cause such bond as
should have been executed at the time of taking the appeal,
and pay all costs that may have accrued by reason of such
defect. [1998 c 52 § 4; 1997 c 352 § 12; 1929 c 58 § 7; RRS
§ 1917. Prior: Code 1881 § 1867; 1873 p 369 § 165; 1854 p
253 § 169.]
12.36.080
12.36.090 Judgment against appellant and sureties.
In all cases of appeal to the superior court under this chapter,
if the judgment is against the appellant, in whole or in part,
such judgment shall be rendered against the appellant and his
or her sureties on the bond on appeal. [1997 c 352 § 13; 1929
c 58 § 8; RRS § 1918. Prior: Code 1881 § 1867; 1873 p 369
§ 166; 1854 p 253 § 170.]
12.36.090
Chapter 12.40
Chapter 12.40 RCW
SMALL CLAIMS
Sections
12.40.010
12.40.020
12.40.025
12.40.027
12.40.030
12.40.040
12.40.045
12.40.050
12.40.060
12.40.070
12.40.080
12.40.090
12.40.100
12.40.105
12.40.110
Department authorized—Jurisdictional amount.
Action—Commencement—Fee—Surcharge.
Transfer of action to small claims department.
Removal to superior court—Restrictions—Simultaneous
maintenance of claims—Joinder of claims on appeal.
Setting case for hearing—Notice—Time of trial.
Service of notice of claim—Fee.
Recovery of fees as court costs.
Requisites of claim.
Requisites of notice.
Verification of claim.
Hearing.
Informal pleadings.
Payment of monetary judgment.
Increase of judgment upon failure to pay.
Procedure on nonpayment.
(2010 Ed.)
Small Claims
12.40.120
12.40.800
Appeals—Setting aside judgments.
Small claims informational brochure—Preparation and distribution.
12.40.010 Department authorized—Jurisdictional
amount. In every district court there shall be created and
organized by the court a department to be known as the
"small claims department of the district court." The small
claims department shall have jurisdiction, but not exclusive,
in cases for the recovery of money only if the amount claimed
does not exceed five thousand dollars. [2008 c 227 § 2; 2001
c 154 § 1; 1991 c 71 § 1; 1988 c 85 § 1; 1984 c 258 § 57; 1981
c 331 § 10; 1979 c 102 § 4; 1973 c 128 § 1; 1970 ex.s. c 83 §
1; 1963 c 123 § 1; 1919 c 187 § 1; RRS § 1777-1.]
12.40.010
Effective date—Subheadings not law—2008 c 227: See notes following RCW 3.50.003.
Court Congestion Reduction Act of 1981—Purpose—Severability—1981 c 331: See notes following RCW 2.32.070.
Additional notes found at www.leg.wa.gov
12.40.020 Action—Commencement—Fee—Surcharge. A small claims action shall be commenced by the
plaintiff filing a claim, in the form prescribed by RCW
12.40.050, in the small claims department. A filing fee of
fourteen dollars plus any surcharge authorized by RCW
7.75.035 shall be paid when the claim is filed. Any party filing a counterclaim, cross-claim, or third-party claim in such
action shall pay to the court a filing fee of fourteen dollars
plus any surcharge authorized by RCW 7.75.035. Until July
1, 2011, in addition to the fees required by this section, an
additional surcharge of ten dollars shall be charged on the filing fees required by this section, which shall be remitted to
the state treasurer for deposit in the judicial stabilization trust
account. [2009 c 572 § 2; 2005 c 457 § 14; 1990 c 172 § 3;
1984 c 258 § 58; 1919 c 187 § 2; RRS § 1777-2.]
12.40.020
Effective date—2009 c 572: See note following RCW 43.79.505.
Intent—2005 c 457: See note following RCW 43.08.250.
Additional notes found at www.leg.wa.gov
12.40.025 Transfer of action to small claims department. A defendant in a district court proceeding in which the
claim is within the jurisdictional amount for the small claims
department may in accordance with court rules transfer the
action to the small claims department. In the event of such a
transfer the provisions of RCW 12.40.070 shall not be applicable if the plaintiff was an assignee of the claim at the time
the action was commenced nor shall the provisions of RCW
12.40.080 prohibit an attorney from representing the plaintiff
if he or she was the attorney of record for the plaintiff at the
time the action was commenced. [2010 c 8 § 3038; 1984 c
258 § 59; 1970 ex.s. c 83 § 2.]
12.40.025
Additional notes found at www.leg.wa.gov
12.40.027 Removal to superior court—Restrictions—Simultaneous maintenance of claims—Joinder of
claims on appeal. RCW 4.14.010 regarding removal of
actions to superior court shall not apply to cases originally
filed in small claims court, or transferred to the small claims
court pursuant to RCW 12.40.025. No defendant or third
party defendant may remove a small claims case from small
claims court as a matter of right by merely filing a claim or
12.40.027
(2010 Ed.)
12.40.045
counterclaim or other request for relief that is beyond the
jurisdiction of the small claims court. Claims, counterclaims,
or other requests for relief filed by a defendant or third party
defendant in excess of the jurisdiction of small claims court
may be maintained simultaneously in superior court as a separate action brought by such defendant or third party defendant. Such a superior court action does not affect the jurisdiction of the small claims court to hear the original small claims
case. The decision of the small claims court shall have no preclusive effect on a superior court action brought pursuant to
this section. If the small claims case is appealed, it shall be
automatically joined with any superior court case filed pursuant to this section, and the procedures set forth in RCW
12.36.055 shall not apply.
Nothing in this section may be construed to limit the
small claims court from transferring a small claims case to
district court or superior court after notice and hearing. [1997
c 352 § 5.]
12.40.030 Setting case for hearing—Notice—Time of
trial. Upon filing of a claim, the court shall set a time for
hearing on the matter. The court shall issue a notice of the
claim which shall be served upon the defendant to notify the
defendant of the hearing date. A trial need not be held on this
first appearance, if dispute resolution services are offered
instead of trial, or local practice rules provide that trials will
be held on different days. [1997 c 352 § 1; 1984 c 258 § 60;
1981 c 330 § 3; 1980 c 162 § 11; 1963 c 123 § 2; 1919 c 187
§ 3; RRS § 1777-3.]
12.40.030
Additional notes found at www.leg.wa.gov
12.40.040 Service of notice of claim—Fee. The notice
of claim can be served either as provided for the service of
summons or complaint and notice in civil actions or by registered or certified mail if a return receipt with the signature of
the party being served is filed with the court. No other legal
document or process is to be served with the notice of claim.
Information from the court regarding the small claims department, local small claims procedure, dispute resolution services, or other matters related to litigation in the small claims
department may be included with the notice of claim when
served.
The notice of claim shall be served promptly after filing
the claim. Service must be complete at least ten days prior to
the first hearing.
The person serving the notice of claim shall be entitled to
receive from the plaintiff, besides mileage, the fee specified
in RCW 36.18.040 for such service; which sum, together
with the filing fee set forth in RCW 12.40.020, shall be added
to any judgment given for plaintiff. [1997 c 352 § 2; 1984 c
258 § 61; 1981 c 194 § 3; 1970 ex.s. c 83 § 3; 1959 c 263 § 9;
1919 c 187 § 4; RRS § 1777-4.]
12.40.040
Additional notes found at www.leg.wa.gov
12.40.045 Recovery of fees as court costs. In the event
persons other than the sheriff or duly appointed deputies
charge a fee for services in excess of the fees allowed under
RCW 36.18.040, the prevailing party incurring such charges
shall be entitled to recover as court costs only the amount of
12.40.045
[Title 12 RCW—page 11]
12.40.050
Title 12 RCW: District Courts—Civil Procedure
the fees for such services as provided in RCW 36.18.040.
[1981 c 194 § 4.]
Additional notes found at www.leg.wa.gov
12.40.050 Requisites of claim. A claim filed in the
small claims department shall contain: (1) The name and
address of the plaintiff; (2) a statement, in brief and concise
form, of the nature and amount of the claim and when the
claim accrued; and (3) the name and residence of the defendant, if known to the plaintiff, for the purpose of serving the
notice of claim on the defendant. [1984 c 258 § 62; 1919 c
187 § 5; RRS § 1777-5.]
12.40.050
Additional notes found at www.leg.wa.gov
12.40.060 Requisites of notice. The notice of claim
directed to the defendant shall contain: (1) The name and
address of the plaintiff; (2) a brief and concise statement of
the nature and amount of the claim; (3) a statement directing
and requiring defendant to appear personally in the small
claims department at a time certain, which shall not be less
than five days from the date of service of the notice; and (4) a
statement advising the defendant that in case of his or her
failure to appear, judgment will be given against defendant
for the amount of the claim. [1984 c 258 § 63; 1981 c 331 §
11; 1919 c 187 § 6; RRS § 1777-6.]
12.40.060
Court Congestion Reduction Act of 1981—Purpose—Severability—1981 c 331: See notes following RCW 2.32.070.
Additional notes found at www.leg.wa.gov
dispensing speedy and quick justice between the litigants. An
attachment, garnishment or execution shall not issue from the
small claims department on any claim except as provided in
this chapter. [1984 c 258 § 66; 1919 c 187 § 9; RRS § 17779.]
Additional notes found at www.leg.wa.gov
12.40.100 Payment of monetary judgment. If a monetary judgment or order is entered, it shall be the judgment
debtor’s duty to pay the judgment upon such terms and conditions as the judge shall prescribe. If the judgment is not paid
to the prevailing party at the time the judgment is entered and
the judgment debtor is present in court, the court may order a
payment plan. [1984 c 258 § 67; 1983 c 254 § 1; 1919 c 187
§ 10; RRS § 1777-10.]
12.40.100
Additional notes found at www.leg.wa.gov
12.40.105 Increase of judgment upon failure to pay.
If the losing party fails to pay the judgment within thirty days
or within the period otherwise ordered by the court, the judgment shall be increased by: (1) An amount sufficient to cover
costs of certification of the judgment under RCW 12.40.110;
(2) the amount specified in RCW 36.18.012(2); and (3) any
other costs incurred by the prevailing party to enforce the
judgment, including but not limited to reasonable attorneys’
fees, without regard to the jurisdictional limits on the small
claims department. [2004 c 70 § 1; 1998 c 52 § 5; 1995 c 292
§ 5; 1983 c 254 § 2.]
12.40.105
Additional notes found at www.leg.wa.gov
12.40.070 Verification of claim. A claim must be verified by the real claimant, and no claim shall be filed or prosecuted in the small claims department by the assignee of the
claim. [1984 c 258 § 64; 1919 c 187 § 7; RRS § 1777-7.]
12.40.070
Additional notes found at www.leg.wa.gov
12.40.080 Hearing. (1) No attorney-at-law, legal paraprofessional, nor any person other than the plaintiff and
defendant, shall appear or participate with the prosecution or
defense of litigation in the small claims department without
the consent of the judicial officer hearing the case. A corporation may not be represented by an attorney-at-law or legal
paraprofessional except as set forth in RCW 12.40.025.
(2) In the small claims department it shall not be necessary to summon witnesses, but the plaintiff and defendant in
any claim shall have the privilege of offering evidence in
their behalf by witnesses appearing at trial.
(3) The judge may informally consult witnesses or otherwise investigate the controversy between the parties and give
judgment or make such orders as the judge may deem to be
right, just, and equitable for the disposition of the controversy. [1997 c 352 § 3; 1991 c 71 § 2; 1984 c 258 § 65; 1981
c 331 § 12; 1919 c 187 § 8; RRS § 1777-8.]
12.40.080
Court Congestion Reduction Act of 1981—Purpose—Severability—1981 c 331: See notes following RCW 2.32.070.
Additional notes found at www.leg.wa.gov
12.40.090 Informal pleadings. A formal pleading,
other than the claim and notice, shall not be necessary to
define the issue between the parties. The hearing and disposition of the actions shall be informal, with the sole object of
12.40.090
[Title 12 RCW—page 12]
12.40.110 Procedure on nonpayment. (1) If the losing
party fails to pay the judgment according to the terms and
conditions thereof within thirty days or is in arrears on any
payment plan, and the prevailing party so notifies the court,
the court shall certify the judgment in substantially the following form:
12.40.110
Washington.
In the District Court of . . . . . . County.
. . . . . . . . . . . . . . . Plaintiff,
vs.
. . . . . . . . . . . . . . . Defendant.
In the Small Claims Department.
This is to certify that: (1) In a certain action on the
. . . . day of . . . . . . 19 . . ., wherein . . . . . . . . . was plaintiff and . . . . . . . . . defendant, jurisdiction of said defendant having been had by personal service (or otherwise) as
provided by law, judgment was entered against . . . . . . in
the sum of . . . . . . dollars; (2) the judgment has not been
paid within *twenty days or the period otherwise ordered
by the court; and (3) pursuant to RCW 12.40.105, the
amount of the judgment is hereby increased by any costs of
certification under this section and the amount specified in
RCW 36.18.012(2).
Witness my hand this . . . . day of . . . . . ., 19 . . .
.................................
Clerk of the Small Claims Department.
(2) The clerk shall forthwith enter the judgment transcript on the judgment docket of the district court; and there(2010 Ed.)
Small Claims
12.40.800
after garnishment, execution, and other process on execution
provided by law may issue thereon, as in other judgments of
district courts.
(3) Transcripts of such judgments may be filed and
entered in judgment lien dockets in superior courts with like
effect as in other cases. [1998 c 52 § 6; 1995 c 292 § 6; 1984
c 258 § 68; 1983 c 254 § 3; 1975 1st ex.s. c 40 § 1; 1973 c 128
§ 2; 1919 c 187 § 11; RRS § 1777-11.]
*Reviser’s note: 1998 c 52 extended the payment period to thirty days
in RCW 12.40.105 and subsection (1) of this section, but failed to conform
the text of the certification form.
Inclusion of reasonable costs and attorneys’ fees in execution: RCW
6.17.110.
Additional notes found at www.leg.wa.gov
12.40.120 Appeals—Setting aside judgments. No
appeal shall be permitted from a judgment of the small claims
department of the district court where the amount claimed
was less than two hundred fifty dollars. No appeal shall be
permitted by a party who requested the exercise of jurisdiction by the small claims department where the amount
claimed by that party was less than one thousand dollars. A
party in default may seek to have the default judgment set
aside according to the court rules applicable to setting aside
judgments in district court. [1997 c 352 § 4; 1988 c 85 § 2;
1984 c 258 § 69; 1970 ex.s. c 83 § 4.]
12.40.120
Additional notes found at www.leg.wa.gov
12.40.800 Small claims informational brochure—
Preparation and distribution. The administrator for the
courts and the district and municipal court judges’ association shall prepare a model small claims informational brochure and distribute the model brochure to all small claims
departments in the state. This brochure may be modified as
necessary by each small claims department and shall be made
available to all parties in any small claims action. [1994 c 32
§ 7; 1988 c 85 § 3.]
12.40.800
(2010 Ed.)
[Title 12 RCW—page 13]
Title 13
Title 13
JUVENILE COURTS AND JUVENILE OFFENDERS
Chapters
13.04
Basic juvenile court act.
13.06
Juvenile offenders—Consolidated juvenile services programs.
13.16
Places of detention.
13.20
Management of detention facilities—Counties
with populations of one million or more.
13.24
Interstate compact on juveniles.
13.32A
Family reconciliation act.
13.34
Juvenile court act—Dependency and termination of parent-child relationship.
13.36
Guardianship.
13.40
Juvenile justice act of 1977.
13.50
Keeping and release of records by juvenile justice or care agencies.
13.60
Missing children clearinghouse.
13.64
Emancipation of minors.
13.80
Learning and life skills grant program.
Action against parent for willful injury to property by minor: RCW 4.24.190.
Age of majority: Chapter 26.28 RCW.
Alcoholic beverage control: Title 66 RCW.
Child
abuse: Chapter 26.44 RCW.
custody, action by nonparent: Chapter 26.10 RCW.
custody or visitation, denial: RCW 26.09.255.
domestic violence prevention: Chapter 26.50 RCW.
labor: Chapters 26.28, 28A.225, 49.12 RCW.
welfare agencies: Chapter 74.15 RCW.
Chapter 13.04
Chapter 13.04 RCW
BASIC JUVENILE COURT ACT
(Formerly: Juvenile courts)
Sections
13.04.005
13.04.011
13.04.021
13.04.030
13.04.033
13.04.035
13.04.037
13.04.040
13.04.043
13.04.047
13.04.050
13.04.093
13.04.116
13.04.135
13.04.145
13.04.155
13.04.160
13.04.180
13.04.240
13.04.300
13.04.450
Short title.
Definitions.
Juvenile court—How constituted—Cases tried without jury.
Juvenile court—Exclusive original jurisdiction—Exceptions.
Appeal of court order—Procedure—Priority, when.
Administrator of juvenile court, probation counselor, and
detention services—Appointment.
Administrator—Adoption of standards for detention facilities for juveniles—Revision and inspection.
Administrator—Appointment of probation counselors and
persons in charge of detention facilities—Powers and
duties, compensation—Collection of fines.
Administrator—Obtaining interpreters.
Administrator or staff—Health and dental examination and
care—Consent.
Expenses of probation officers.
Hearings—Duties of prosecuting attorney or attorney general.
Juvenile not to be confined in jail or holding facility for
adults, exceptions—Enforcement.
Establishment of house or room of detention.
Educational program for juveniles in detention facilities.
Notification to school principal of conviction, adjudication,
or diversion agreement—Provision of information to
teachers and other personnel—Confidentiality.
Fees not allowed.
Board of visitation.
Court order not deemed conviction of crime.
Juvenile may be both dependent and an offender.
Chapters 13.04 and 13.40 RCW as exclusive authority for
adjudication and disposition of juvenile offenders—Chapter 10.22 RCW does not apply to proceedings under chapter 13.40 RCW.
Compulsory school attendance: Chapter 28A.225 RCW.
Division of children and youth services; construed in connection with and
supplemental to the juvenile court law: RCW 72.05.170 through
72.05.210.
Council for children and families: Chapter 43.121 RCW.
Educational aid for children with disabilities: Chapter 28A.155 RCW.
Firearms: RCW 9.41.080, 9.41.240.
Juvenile may be both dependent and an offender: RCW 13.04.300.
Jurisdiction over Indians as to juvenile delinquency and dependent children:
Chapter 37.12 RCW.
Missing children clearinghouse and hot line: Chapter 13.60 RCW.
Children and family services: Chapter 74.14A RCW.
Juvenile laws and court processes and procedures—Informational materials: RCW 2.56.130.
Record of traffic charges of juveniles to be furnished juvenile court: RCW
46.20.293.
Relinquishment of permanent care of child: RCW 26.33.090.
Leaving children in parked automobile: RCW 9.91.060.
Schools designated close security institutions: RCW 72.05.130.
Out-of-home care—Social study required: RCW 74.13.065.
Temporary assistance for needy families: Chapter 74.12 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public institutions, division of children and youth services: Chapter 72.05
RCW.
Report of child abuse: Chapter 26.44 RCW.
State institutions: Title 72 RCW.
Tobacco: RCW 26.28.080.
Vacation and modification of judgments—Causes for enumerated: RCW
4.72.010(5).
Witnesses—Who are disqualified—Privileged communications: RCW
5.60.060.
Youth development and conservation corps: Chapter 79A.05 RCW.
(2010 Ed.)
Transfer from minimum security to close security institution—Court order
required: RCW 72.05.130(3).
13.04.005 Short title. This chapter shall be known as
the "basic juvenile court act". [1977 ex.s. c 291 § 1.]
13.04.005
Additional notes found at www.leg.wa.gov
13.04.011 Definitions. For purposes of this title:
(1) "Adjudication" has the same meaning as "conviction"
in RCW 9.94A.030, but only for the purposes of sentencing
under chapter 9.94A RCW;
(2) Except as specifically provided in RCW 13.40.020
and chapter 13.24 RCW, "juvenile," "youth," and "child"
13.04.011
[Title 13 RCW—page 1]
13.04.021
Title 13 RCW: Juvenile Courts and Juvenile Offenders
mean any individual who is under the chronological age of
eighteen years;
(3) "Juvenile offender" and "juvenile offense" have the
meaning ascribed in RCW 13.40.020;
(4) "Court" when used without further qualification
means the juvenile court judge(s) or commissioner(s);
(5) "Parent" or "parents," except as used in chapter 13.34
RCW, means that parent or parents who have the right of
legal custody of the child. "Parent" or "parents" as used in
chapter 13.34 RCW, means the biological or adoptive parents
of a child unless the legal rights of that person have been terminated by judicial proceedings;
(6) "Custodian" means that person who has the legal
right to custody of the child. [2010 c 150 § 4; 1997 c 338 § 6;
1992 c 205 § 119; 1979 c 155 § 1; 1977 ex.s. c 291 § 2.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.04.021 Juvenile court—How constituted—Cases
tried without jury. (1) The juvenile court shall be a division
of the superior court. In judicial districts having more than
one judge of the superior court, the judges of such court shall
annually assign one or more of their number to the juvenile
court division. In any judicial district having a court commissioner, the court commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge,
to hear all cases under this chapter and to enter judgment and
make orders with the same power, force, and effect as any
judge of the juvenile court, subject to motion or demand by
any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW
2.24.050. In any judicial district having a family law commissioner appointed pursuant to chapter 26.12 RCW, the family
law commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear cases
under Title 13 RCW and chapter 28A.225 RCW as provided
in RCW 26.12.010, and to enter judgment and make orders
with the same power, force, and effect as any judge of the
juvenile court, subject to motion or demand by any party
within ten days from the entry of the order or judgment by the
court commissioner as provided in RCW 2.24.050.
(2) Cases in the juvenile court shall be tried without a
jury. [1999 c 397 § 5; 1994 sp.s. c 7 § 538; 1988 c 232 § 3;
1979 c 155 § 2; 1977 ex.s. c 291 § 3.]
13.04.021
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
13.04.030 Juvenile court—Exclusive original jurisdiction—Exceptions. (1) Except as provided in this section,
the juvenile courts in this state shall have exclusive original
jurisdiction over all proceedings:
(a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;
(b) Relating to children alleged or found to be dependent
as provided in chapter 26.44 RCW and in RCW 13.34.030
through 13.34.161;
(c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210;
13.04.030
[Title 13 RCW—page 2]
(d) To approve or disapprove out-of-home placement as
provided in RCW 13.32A.170;
(e) Relating to juveniles alleged or found to have committed offenses, traffic or civil infractions, or violations as
provided in RCW 13.40.020 through 13.40.230, unless:
(i) The juvenile court transfers jurisdiction of a particular
juvenile to adult criminal court pursuant to RCW 13.40.110;
(ii) The statute of limitations applicable to adult prosecution for the offense, traffic or civil infraction, or violation has
expired;
(iii) The alleged offense or infraction is a traffic, fish,
boating, or game offense, or traffic or civil infraction committed by a juvenile sixteen years of age or older and would,
if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of
limited jurisdiction shall have jurisdiction over the alleged
offense or infraction, and no guardian ad litem is required in
any such proceeding due to the juvenile’s age. If such an
alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same
event or incident, the juvenile court may have jurisdiction of
both matters. The jurisdiction under this subsection does not
constitute "transfer" or a "decline" for purposes of *RCW
13.40.110(1) or (e)(i) of this subsection. Courts of limited
jurisdiction which confine juveniles for an alleged offense or
infraction may place juveniles in juvenile detention facilities
under an agreement with the officials responsible for the
administration of the juvenile detention facility in RCW
13.04.035 and 13.20.060;
(iv) The alleged offense is a traffic or civil infraction, a
violation of compulsory school attendance provisions under
chapter 28A.225 RCW, or a misdemeanor, and a court of limited jurisdiction has assumed concurrent jurisdiction over
those offenses as provided in **RCW 13.04.0301; or
(v) The juvenile is sixteen or seventeen years old on the
date the alleged offense is committed and the alleged offense
is:
(A) A serious violent offense as defined in RCW
9.94A.030;
(B) A violent offense as defined in RCW 9.94A.030 and
the juvenile has a criminal history consisting of: (I) One or
more prior serious violent offenses; (II) two or more prior
violent offenses; or (III) three or more of any combination of
the following offenses: Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree,
all of which must have been committed after the juvenile’s
thirteenth birthday and prosecuted separately;
(C) Robbery in the first degree, rape of a child in the first
degree, or drive-by shooting, committed on or after July 1,
1997;
(D) Burglary in the first degree committed on or after
July 1, 1997, and the juvenile has a criminal history consisting of one or more prior felony or misdemeanor offenses; or
(E) Any violent offense as defined in RCW 9.94A.030
committed on or after July 1, 1997, and the juvenile is alleged
to have been armed with a firearm.
(I) In such a case the adult criminal court shall have
exclusive original jurisdiction, except as provided in
(e)(v)(E)(II) and (III) of this subsection.
(II) The juvenile court shall have exclusive jurisdiction
over the disposition of any remaining charges in any case in
(2010 Ed.)
Basic Juvenile Court Act
which the juvenile is found not guilty in the adult criminal
court of the charge or charges for which he or she was transferred, or is convicted in the adult criminal court of a lesser
included offense that is not also an offense listed in (e)(v) of
this subsection. The juvenile court shall enter an order
extending juvenile court jurisdiction if the juvenile has turned
eighteen years of age during the adult criminal court proceedings pursuant to RCW 13.40.300. However, once the case is
returned to juvenile court, the court may hold a decline hearing pursuant to RCW 13.40.110 to determine whether to
retain the case in juvenile court for the purpose of disposition
or return the case to adult criminal court for sentencing.
(III) The prosecutor and respondent may agree to juvenile court jurisdiction and waive application of exclusive
adult criminal jurisdiction in (e)(v)(A) through (E) of this
subsection and remove the proceeding back to juvenile court
with the court’s approval.
If the juvenile challenges the state’s determination of the
juvenile’s criminal history under (e)(v) of this subsection, the
state may establish the offender’s criminal history by a preponderance of the evidence. If the criminal history consists
of adjudications entered upon a plea of guilty, the state shall
not bear a burden of establishing the knowing and voluntariness of the plea;
(f) Under the interstate compact on juveniles as provided
in chapter 13.24 RCW;
(g) Relating to termination of a diversion agreement
under RCW 13.40.080, including a proceeding in which the
divertee has attained eighteen years of age;
(h) Relating to court validation of a voluntary consent to
an out-of-home placement under chapter 13.34 RCW, by the
parent or Indian custodian of an Indian child, except if the
parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian
reservation over which the tribe exercises exclusive jurisdiction;
(i) Relating to petitions to compel disclosure of information filed by the department of social and health services pursuant to RCW 74.13.042; and
(j) Relating to judicial determinations and permanency
planning hearings involving developmentally disabled children who have been placed in out-of-home care pursuant to a
voluntary placement agreement between the child’s parent,
guardian, or legal custodian and the department of social and
health services.
(2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this
section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.
(3) The juvenile court shall have concurrent original
jurisdiction with the family court over child custody proceedings under chapter 26.10 RCW and parenting plans or residential schedules under chapters 26.09 and 26.26 RCW as
provided for in RCW 13.34.155.
(4) A juvenile subject to adult superior court jurisdiction
under subsection (1)(e)(i) through (v) of this section, who is
detained pending trial, may be detained in a detention facility
as defined in RCW 13.40.020 pending sentencing or a dismissal. [2009 c 526 § 1; 2009 c 454 § 1. Prior: 2005 c 290
§ 1; 2005 c 238 § 1; 2000 c 135 § 2; prior: 1997 c 386 § 17;
1997 c 341 § 3; 1997 c 338 § 7; prior: 1995 c 312 § 39; 1995
(2010 Ed.)
13.04.033
c 311 § 15; 1994 sp.s. c 7 § 519; 1988 c 14 § 1; 1987 c 170 §
1; 1985 c 354 § 29; 1984 c 272 § 1; 1981 c 299 § 1; 1980 c
128 § 6; 1979 c 155 § 3; 1977 ex.s. c 291 § 4; 1937 c 65 § 1;
1929 c 176 § 1; 1921 c 135 § 1; 1913 c 160 § 2; RRS § 19872.]
Reviser’s note: *(1) RCW 13.40.110 was amended by 2009 c 454 § 3,
changing subsection (1) to subsections (1) and (2).
**(2) RCW 13.04.0301 was decodified September 2003.
(3) This section was amended by 2009 c 454 § 1 and by 2009 c 526 §
1, each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Finding—Intent—1997 c 341: "The legislature finds that a swift and
certain response to a juvenile who begins engaging in acts of delinquency
may prevent the offender from becoming a chronic or more serious offender.
However, given pressing demands to address serious offenders, the system
does not always respond to minor offenders expeditiously and effectively.
Consequently, this act is adopted to implement an experiment to determine
whether granting courts of limited jurisdiction concurrent jurisdiction over
certain juvenile offenses will improve the system’s effectiveness in curbing
delinquency. The legislature may ascertain whether this approach might be
successful on a larger scale by conducting an experiment with local governments, which are the laboratories of democracy." [1997 c 341 § 1.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Application of 1994 sp.s. c 7 amendments: "Provisions governing
exceptions to juvenile court jurisdiction in the amendments to RCW
13.04.030 contained in section 519, chapter 7, Laws of 1994 sp. sess. shall
apply to serious violent and violent offenses committed on or after June 13,
1994. The criminal history which may result in loss of juvenile court jurisdiction upon the alleged commission of a serious violent or violent offense
may have been acquired on, before, or after June 13, 1994." [1994 sp.s. c 7
§ 540.]
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Court commissioners: Chapter 2.24 RCW, state Constitution Art. 4 § 23.
Jurisdiction of superior courts: State Constitution Art. 4 § 6 (Amendment
65).
Additional notes found at www.leg.wa.gov
13.04.033 Appeal of court order—Procedure—Priority, when. (1) Any person aggrieved by a final order of the
court may appeal the order as provided by this section. All
appeals in matters other than those related to commission of
a juvenile offense shall be taken in the same manner as in
other civil cases. Except as otherwise provided in this title, all
appeals in matters related to the commission of a juvenile
offense shall be taken in the same manner as criminal cases
and the right to collateral relief shall be the same as in criminal cases. The order of the juvenile court shall stand pending
the disposition of the appeal: PROVIDED, That the court or
the appellate court may upon application stay the order.
(2) If the final order from which an appeal is taken grants
the custody of the child to, or withholds it from, any of the
parties, or if the child is committed as provided under this
chapter, the appeal shall be given priority in hearing.
(3) In the absence of a specific direction from the party
seeking review to file the notice, or the court-appointed
guardian ad litem, the court may dismiss the review pursuant
to RAP 18.9. To the extent that this enactment [1990 c 284]
conflicts with the requirements of RAP 5.3(a) or RAP 5.3(b)
this enactment [1990 c 284] shall supersede the conflicting
rule. [1990 c 284 § 35; 1979 c 155 § 4; 1977 ex.s. c 291 § 5.]
13.04.033
Rules of court: Rules of Appellate Procedure.
[Title 13 RCW—page 3]
13.04.035
Title 13 RCW: Juvenile Courts and Juvenile Offenders
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
Additional notes found at www.leg.wa.gov
13.04.035 Administrator of juvenile court, probation
counselor, and detention services—Appointment. Juvenile court shall be administered by the superior court, except
that by local court rule and agreement with the legislative
authority of the county this service may be administered by
the legislative authority of the county. Juvenile probation
counselor and detention services shall be administered by the
superior court, except that (1) by local court rule and agreement with the county legislative authority, these services may
be administered by the county legislative authority; (2) if a
consortium of three or more counties, located east of the Cascade mountains and whose combined population exceeds five
hundred thirty thousand, jointly operates a juvenile correctional facility, the county legislative authorities may prescribe for alternative administration of the juvenile correctional facility by ordinance; and (3) in any county with a population of one million or more, probation and detention
services shall be administered in accordance with chapter
13.20 RCW. The administrative body shall appoint an administrator of juvenile court, probation counselor, and detention
services who shall be responsible for day-to-day administration of such services, and who may also serve in the capacity
of a probation counselor. One person may, pursuant to the
agreement of more than one administrative body, serve as
administrator of more than one juvenile court. [1996 c 284 §
1; 1991 c 363 § 10; 1979 c 155 § 5; 1977 ex.s. c 291 § 6.]
13.04.035
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Prosecuting attorney as party to juvenile court proceedings—Exception,
procedure: RCW 13.40.090.
Additional notes found at www.leg.wa.gov
13.04.037 Administrator—Adoption of standards for
detention facilities for juveniles—Revision and inspection. The administrator shall after consultation with the state
planning agency established under Title II of the federal juvenile justice and delinquency prevention act of 1974 (P.L. No.
93-415; 42 U.S.C. 5611 et seq.) following a public hearing,
and after approval of the body responsible for administering
the juvenile court, and no later than one hundred eighty days
after the effective date of chapter 291, Laws of 1977 ex. sess.,
adopt standards for the regulation and government of detention facilities for juveniles. Such standards may be revised
from time to time, according to the procedure outlined in this
section. Each detention facility shall keep a copy of such
standards available for inspection at all times. Such standards
shall be reviewed and the detention facilities shall be
inspected annually by the administrator. [1977 ex.s. c 291 §
7.]
13.04.037
Additional notes found at www.leg.wa.gov
13.04.040 Administrator—Appointment of probation counselors and persons in charge of detention facilities—Powers and duties, compensation—Collection of
fines. The administrator shall, in any county or judicial district in the state, appoint or designate one or more persons of
13.04.040
[Title 13 RCW—page 4]
good character to serve as probation counselors during the
pleasure of the administrator. The probation counselor shall:
(1) Receive and examine referrals to the juvenile court
for the purpose of considering the filing of a petition or information pursuant to chapter 13.32A or 13.34 RCW or RCW
13.40.070;
(2) Make recommendations to the court regarding the
need for continued detention or shelter care of a child unless
otherwise provided in this title;
(3) Arrange and supervise diversion agreements as provided in RCW 13.40.080, and ensure that the requirements of
such agreements are met except as otherwise provided in this
title;
(4) Prepare predisposition studies as required in RCW
13.40.130, and be present at the disposition hearing to
respond to questions regarding the predisposition study:
PROVIDED, That such duties shall be performed by the
department for cases relating to dependency or to the termination of a parent and child relationship which is filed by the
department unless otherwise ordered by the court; and
(5) Supervise court orders of disposition to ensure that
all requirements of the order are met.
All probation counselors shall possess all the powers
conferred upon sheriffs and police officers to serve process
and make arrests of juveniles under their supervision for the
violation of any state law or county or city ordinance.
The administrator may, in any county or judicial district
in the state, appoint one or more persons who shall have
charge of detention rooms or houses of detention.
The probation counselors and persons appointed to have
charge of detention facilities shall each receive compensation
which shall be fixed by the legislative authority of the county,
or in cases of joint counties, judicial districts of more than
one county, or joint judicial districts such sums as shall be
agreed upon by the legislative authorities of the counties
affected, and such persons shall be paid as other county officers are paid.
The administrator is hereby authorized, and to the extent
possible is encouraged to, contract with private agencies
existing within the community for the provision of services to
youthful offenders and youth who have entered into diversion
agreements pursuant to RCW 13.40.080.
The administrator shall establish procedures for the collection of fines assessed under RCW 13.40.080 (2)(d) and
(14) and for the payment of the fines into the county general
fund. [2004 c 120 § 10; 1995 c 312 § 40; 1983 c 191 § 14;
1979 c 155 § 6; 1977 ex.s. c 291 § 8; 1959 c 331 § 9; 1951 c
270 § 1; 1921 c 43 § 1; 1913 c 160 § 3; RRS § 1987-3.]
Effective date—2004 c 120: See note following RCW 13.40.010.
Additional notes found at www.leg.wa.gov
13.04.043
13.04.043 Administrator—Obtaining interpreters.
The administrator of juvenile court shall obtain interpreters
as needed consistent with the intent and practice of chapter
2.43 RCW, to enable non-English speaking youth and their
families to participate in detention, probation, or court proceedings and programs. [1993 c 415 § 6.]
Intent—1993 c 415: See note following RCW 2.56.031.
(2010 Ed.)
Basic Juvenile Court Act
13.04.047 Administrator or staff—Health and dental
examination and care—Consent. (1) The administrator of
the juvenile court or authorized staff may consent as provided
in this section to the provision of health and dental examinations and care, and necessary treatment for medical and dental conditions requiring prompt attention, for juveniles lawfully detained at or sentenced to a detention facility. The
treatment may include treatment provided at medical or dental facilities outside the juvenile detention facility and treatment provided within the juvenile detention facility for the
period of time the youth is in the custody of the facility. Juveniles shall not be transported for treatment outside the facility
if treatment services are available within the facility.
(2) The examination, care, and treatment may be provided without parental consent when prompt attention is
required if the administrator of the juvenile court or authorized staff have been unable to secure permission for treatment from the parent or parents, guardian, or other person
having custody of the child after reasonable attempts to do so
before the provision of the medical and dental services.
(3) Treatment shall not be authorized for juveniles whose
parent or parents, guardian, or other person having custody of
the child informs the administrator of the juvenile court of
objections to the treatment before the treatment is provided
except where *RCW 69.54.060 applies. [1983 c 267 § 2.]
13.04.047
*Reviser’s note: RCW 69.54.060 was repealed by 1989 c 270 § 35.
Employment of dental hygienist without supervision of dentist authorized:
RCW 18.29.056.
13.04.145
[1995 c 312 § 41; 1991 c 363 § 11; 1985 c 354 § 30; 1985 c 7
§ 4; 1979 ex.s. c 165 § 6; 1977 ex.s. c 291 § 9.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Additional notes found at www.leg.wa.gov
13.04.116 Juvenile not to be confined in jail or holding facility for adults, exceptions—Enforcement. (1) A
juvenile shall not be confined in a jail or holding facility for
adults, except:
(a) For a period not exceeding twenty-four hours excluding weekends and holidays and only for the purpose of an initial court appearance in a county where no juvenile detention
facility is available, a juvenile may be held in an adult facility
provided that the confinement is separate from the sight and
sound of adult inmates; or
(b) For not more than six hours and pursuant to a lawful
detention in the course of an investigation, a juvenile may be
held in an adult facility provided that the confinement is separate from the sight and sound of adult inmates.
(2) For purposes of this section a juvenile is an individual under the chronological age of eighteen years who has not
been transferred previously to adult courts.
(3) The department of social and health services shall
monitor and enforce compliance with this section.
(4) This section shall not be construed to expand or limit
the authority to lawfully detain juveniles. [1987 c 462 § 1;
1985 c 50 § 1.]
13.04.116
Places of detention: Chapter 13.16 RCW.
13.04.050 Expenses of probation officers. The probation officers, and assistant probation officers, and deputy probation officers in all counties of the state shall be allowed
such necessary incidental expenses as may be authorized by
the judge of the juvenile court, and the same shall be a charge
upon the county in which the court appointing them has jurisdiction, and the expenses shall be paid out of the county treasury upon a written order of the judge of the juvenile court of
said county directing the county auditor to draw his or her
warrant upon the county treasurer for the specified amount of
such expenses. [2010 c 8 § 4001; 1913 c 160 § 4; RRS §
1987-4.]
Transfer of juvenile to department of corrections facility: RCW 13.40.280.
13.04.093 Hearings—Duties of prosecuting attorney
or attorney general. It shall be the duty of the prosecuting
attorney to act in proceedings relating to the commission of a
juvenile offense as provided in RCW 13.40.070 and
13.40.090 and in proceedings as provided in chapter 71.34
RCW. It shall be the duty of the prosecuting attorney to handle delinquency cases under chapter 13.24 RCW and it shall
be the duty of the attorney general to handle dependency
cases under chapter 13.24 RCW. It shall be the duty of the
attorney general in contested cases brought by the department
to present the evidence supporting any petition alleging
dependency or seeking the termination of a parent and child
relationship or any contested case filed under RCW
26.33.100 or approving or disapproving out-of-home placement: PROVIDED, That in each county with a population of
less than two hundred ten thousand, the attorney general may
contract with the prosecuting attorney of the county to perform the duties of the attorney general under this section.
Detention in facility under jurisdiction of juvenile court—Financial responsibility for cost of detention: RCW 13.34.161, 13.16.085.
13.04.050
13.04.093
(2010 Ed.)
Additional notes found at www.leg.wa.gov
13.04.135 Establishment of house or room of detention. Counties containing more than fifty thousand inhabitants shall, and counties containing a lesser number of inhabitants may, provide and maintain at public expense, a detention room or house of detention, separated or removed from
any jail, or police station, to be in charge of a matron, or other
person of good character, wherein all children within the provisions of this chapter shall, when necessary, be sheltered.
[1983 c 98 § 2; 1945 c 121 § 1; 1913 c 160 § 13; Rem. Supp.
1945 1987-13. Formerly RCW 13.16.010.]
13.04.135
13.04.145 Educational program for juveniles in
detention facilities. A program of education shall be provided for by the several counties and school districts of the
state for common school age persons confined in each of the
detention facilities staffed and maintained by the several
counties of the state under this chapter and chapters 13.16
and 13.20 RCW. The division of duties, authority, and liabilities of the several counties and school districts of the state
respecting the educational programs is the same in all
respects as set forth in RCW 28A.190.030 through
28A.190.060 respecting programs of education for state residential school residents. For the purposes of this section, the
terms "department of social and health services," "residential
school" or "schools," and "superintendent or chief administrator of a residential school" as used in RCW 28A.190.030
13.04.145
[Title 13 RCW—page 5]
13.04.155
Title 13 RCW: Juvenile Courts and Juvenile Offenders
through 28A.190.060 shall be respectively construed to mean
"the several counties of the state," "detention facilities," and
"the administrator of juvenile court detention services."
Nothing in this section shall prohibit a school district from
utilizing the services of an educational service district subject
to RCW 28A.310.180. [1990 c 33 § 551; 1983 c 98 § 1.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Juvenile facilities, educational programs: RCW 28A.190.010.
13.04.155 Notification to school principal of conviction, adjudication, or diversion agreement—Provision of
information to teachers and other personnel—Confidentiality. (1) Whenever a minor enrolled in any common
school is convicted in adult criminal court, or adjudicated or
entered into a diversion agreement with the juvenile court on
any of the following offenses, the court must notify the principal of the student’s school of the disposition of the case,
after first notifying the parent or legal guardian that such notification will be made:
(a) A violent offense as defined in RCW 9.94A.030;
(b) A sex offense as defined in RCW 9.94A.030;
(c) Inhaling toxic fumes under chapter 9.47A RCW;
(d) A controlled substances violation under chapter
69.50 RCW;
(e) A liquor violation under RCW 66.44.270; and
(f) Any crime under chapters 9.41, 9A.36, 9A.40, 9A.46,
and 9A.48 RCW.
(2) The principal must provide the information received
under subsection (1) of this section to every teacher of any
student who qualifies under subsection (1) of this section and
any other personnel who, in the judgment of the principal,
supervises the student or for security purposes should be
aware of the student’s record. The principal must provide the
information to teachers and other personnel based on any
written records that the principal maintains or receives from a
juvenile court administrator or a law enforcement agency
regarding the student.
(3) Any information received by a principal or school
personnel under this section is confidential and may not be
f u r t h e r d is s e m in a te d e x c e p t a s p r o v id e d i n R C W
28A.225.330, other statutes or case law, and the family and
educational and privacy rights act of 1994, 20 U.S.C. Sec.
1232g et seq. [2000 c 27 § 1; 1997 c 266 § 7.]
13.04.155
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
13.04.160 Fees not allowed. No fees shall be charged
or collected by any officer or other person for filing petition,
serving summons, or other process under this chapter. [1913
c 160 § 16; RRS § 1987-16.]
13.04.160
13.04.180 Board of visitation. In each county, the
judge presiding over the juvenile court sessions, as defined in
this chapter, may appoint a board of four reputable citizens,
who shall serve without compensation, to constitute a board
of visitation, whose duty it shall be to visit as often as twice a
year all institutions, societies and associations within the
county receiving children under this chapter, as well as all
homes for children or other places where individuals are
holding themselves out as caretakers of children, also to visit
13.04.180
[Title 13 RCW—page 6]
other institutions, societies and associations within the state
receiving and caring for children, whenever requested to do
so by the judge of the juvenile court: PROVIDED, The
actual expenses of such board may be paid by the county
commissioners when members thereof are requested to visit
institutions outside of the county seat, and no member of the
board shall be required to visit any institutions outside the
county unless his or her actual traveling expenses shall be
paid as aforesaid. Such visits shall be made by not less than
two members of the board, who shall go together or make a
joint report. The board of visitors shall report to the court
from time to time the condition of children received by or in
charge of such institutions, societies, associations, or individuals. It shall be the duty of every institution, society, or association, or individual receiving and caring for children to permit any member or members of the board of visitation to visit
and inspect such institution, society, association or home
where such child is kept, in all its departments, so that a full
report may be made to the court. [2010 c 8 § 4002; 1913 c
160 § 18; RRS § 1987-18.]
13.04.240 Court order not deemed conviction of
crime. An order of court adjudging a child a juvenile
offender or dependent under the provisions of this chapter
shall in no case be deemed a conviction of crime. [2010 c 150
§ 1; 1961 c 302 § 16. Prior: 1913 c 160 § 10, part; RCW
13.04.090, part.]
13.04.240
13.04.300 Juvenile may be both dependent and an
offender. Nothing in chapter 13.04, 13.06, 13.32A, 13.34, or
13.40 RCW may be construed to prevent a juvenile from
being found both dependent and an offender if there exists a
factual basis for such a finding. [1983 c 3 § 15; 1979 c 155 §
14.]
13.04.300
Additional notes found at www.leg.wa.gov
13.04.450 Chapters 13.04 and 13.40 RCW as exclusive authority for adjudication and disposition of juvenile
offenders—Chapter 10.22 RCW does not apply to proceedings under chapter 13.40 RCW. The provisions of
chapters 13.04 and 13.40 RCW, as now or hereafter
amended, shall be the exclusive authority for the adjudication
and disposition of juvenile offenders except where otherwise
expressly provided. Chapter 10.22 RCW does not apply to
juvenile offender proceedings, including diversion, under
chapter 13.40 RCW. [1985 c 257 § 5; 1981 c 299 § 20.]
13.04.450
Additional notes found at www.leg.wa.gov
Chapter 13.06 RCW
JUVENILE OFFENDERS—CONSOLIDATED
JUVENILE SERVICES PROGRAMS
Chapter 13.06
(Formerly: Probation services—Special supervision programs)
Sections
13.06.010
13.06.020
13.06.030
13.06.040
13.06.050
Intention.
State to share in cost.
Rules—Standards—"Consolidated juvenile services" defined.
Application by county or counties for state financial aid.
Conditions for receiving state funds—Criteria for distribution
of funds—Annual report on programs to reduce racial disproportionality.
(2010 Ed.)
Juvenile Offenders—Consolidated Juvenile Services Programs
13.06.055
Housing authorities law—Group homes or halfway houses for
released juveniles or developmentally disabled.
Juvenile may be both dependent and an offender: RCW 13.04.300.
13.06.010 Intention. It is the intention of the legislature
in enacting this chapter to increase the protection afforded the
citizens of this state, to require community planning, to provide necessary services and supervision for juvenile offenders in the community when appropriate, to reduce reliance on
state-operated correctional institutions for offenders whose
standard range disposition does not include commitment of
the offender to the department, and to encourage the community to efficiently and effectively provide community services to juvenile offenders through consolidation of service
delivery systems. [1983 c 191 § 1; 1969 ex.s. c 165 § 1.]
13.06.010
Additional notes found at www.leg.wa.gov
13.06.020 State to share in cost. From any state moneys made available for such purpose, the state of Washington,
through the department of social and health services, shall, in
accordance with this chapter and applicable departmental
rules, share in the cost of providing services to juveniles.
[1983 c 191 § 2; 1979 c 141 § 13; 1969 ex.s. c 165 § 2.]
13.06.020
13.06.030 Rules—Standards—"Consolidated juvenile services" defined. The department of social and health
services shall adopt rules prescribing minimum standards for
the operation of consolidated juvenile services programs for
juvenile offenders and such other rules as may be necessary
for the administration of the provisions of this chapter. Consolidated juvenile services is a mechanism through which the
department of social and health services supports local
county comprehensive program plans in providing services to
offender groups. Standards shall be sufficiently flexible to
support current programs which have demonstrated effectiveness and efficiency, to foster development of innovative
and improved services for juvenile offenders, to permit direct
contracting with private vendors, and to encourage community support for and assistance to local programs. The secretary of social and health services shall seek advice from
appropriate juvenile justice system participants in developing
standards and procedures for the operation of consolidated
juvenile services programs and the distribution of funds
under this chapter. [1983 c 191 § 3; 1979 c 141 § 14; 1969
ex.s. c 165 § 3.]
13.06.030
13.06.040 Application by county or counties for state
financial aid. Any county or group of counties may make
application to the department of social and health services in
the manner and form prescribed by the department for financial aid for the cost of consolidated juvenile services programs. Any such application must include a plan or plans for
providing consolidated services to juvenile offenders in
accordance with standards of the department. [1983 c 191 §
4; 1979 c 141 § 15; 1969 ex.s. c 165 § 4.]
13.06.050
plan are approved, and unless and until the minimum standards prescribed by the department of social and health services are complied with and then only on such terms as are set
forth in this section. In addition, any county making application for state funds under this chapter that also operates a
juvenile detention facility must have standards of operations
in place that include: Intake and admissions, medical and
health care, communication, correspondence, visiting and
telephone use, security and control, sanitation and hygiene,
juvenile rights, rules and discipline, property, juvenile
records, safety and emergency procedures, programming,
release and transfer, training and staff development, and food
service.
(1) For the 2009-2011 fiscal biennium, the distribution
of funds to a county or a group of counties may be based on
criteria including but not limited to the county’s per capita
income, regional or county at-risk populations, juvenile
crime or arrest rates, rates of poverty, size of racial minority
populations, existing programs, and the effectiveness and
efficiency of consolidating local programs towards reducing
commitments to state correctional facilities for offenders
whose standard range disposition does not include commitment of the offender to the department and reducing reliance
on other traditional departmental services.
(2) The secretary will reimburse a county upon presentation and approval of a valid claim pursuant to the provisions
of this chapter based on actual performance in meeting the
terms and conditions of the approved plan and contract.
Funds received by participating counties under this chapter
shall not be used to replace local funds for existing programs.
(3) The secretary, in conjunction with the human rights
commission, shall evaluate the effectiveness of programs
funded under this chapter in reducing racial disproportionality. The secretary shall investigate whether implementation
of such programs has reduced disproportionality in counties
with initially high levels of disproportionality. The analysis
shall indicate which programs are cost-effective in reducing
disproportionality in such areas as alternatives to detention,
intake and risk assessment standards pursuant to RCW
13.40.038, alternatives to incarceration, and in the prosecution and adjudication of juveniles. The secretary shall report
his or her findings to the legislature by December 1, 1994,
and December 1 of each year thereafter. [2010 1st sp.s. c 37
§ 910; 1993 c 415 § 7; 1983 c 191 § 5; 1979 c 151 § 9; 1977
ex.s. c 307 § 1; 1973 1st ex.s. c 198 § 1; 1971 ex.s. c 165 § 1;
1969 ex.s. c 165 § 5.]
13.06.040
Expiration date—2010 1st sp.s. c 37 § 910: "Section 910 of this act
expires June 30, 2011." [2010 1st sp.s. c 37 § 956.]
Effective date—2010 1st sp.s. c 37: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [May 4, 2010]." [2010 1st sp.s. c 37 § 958.]
Intent—1993 c 415: See note following RCW 2.56.031.
Additional notes found at www.leg.wa.gov
13.06.050 Conditions for receiving state funds—Criteria for distribution of funds—Annual report on programs to reduce racial disproportionality. (Effective June
30, 2011.) No county shall be entitled to receive any state
funds provided by this chapter until its application and plan
are approved, and unless and until the minimum standards
13.06.050
13.06.050 Conditions for receiving state funds—Criteria for distribution of funds—Annual report on programs to reduce racial disproportionality. (Effective until
June 30, 2011.) No county shall be entitled to receive any
state funds provided by this chapter until its application and
13.06.050
(2010 Ed.)
[Title 13 RCW—page 7]
13.06.055
Title 13 RCW: Juvenile Courts and Juvenile Offenders
prescribed by the department of social and health services are
complied with and then only on such terms as are set forth in
this section. In addition, any county making application for
state funds under this chapter that also operates a juvenile
detention facility must have standards of operations in place
that include: Intake and admissions, medical and health care,
communication, correspondence, visiting and telephone use,
security and control, sanitation and hygiene, juvenile rights,
rules and discipline, property, juvenile records, safety and
emergency procedures, programming, release and transfer,
training and staff development, and food service.
(1) The distribution of funds to a county or a group of
counties shall be based on criteria including but not limited to
the county’s per capita income, regional or county at-risk
populations, juvenile crime or arrest rates, rates of poverty,
size of racial minority populations, existing programs, and
the effectiveness and efficiency of consolidating local programs towards reducing commitments to state correctional
facilities for offenders whose standard range disposition does
not include commitment of the offender to the department
and reducing reliance on other traditional departmental services.
(2) The secretary will reimburse a county upon presentation and approval of a valid claim pursuant to the provisions
of this chapter based on actual performance in meeting the
terms and conditions of the approved plan and contract.
Funds received by participating counties under this chapter
shall not be used to replace local funds for existing programs.
(3) The secretary, in conjunction with the human rights
commission, shall evaluate the effectiveness of programs
funded under this chapter in reducing racial disproportionality. The secretary shall investigate whether implementation
of such programs has reduced disproportionality in counties
with initially high levels of disproportionality. The analysis
shall indicate which programs are cost-effective in reducing
disproportionality in such areas as alternatives to detention,
intake and risk assessment standards pursuant to RCW
13.40.038, alternatives to incarceration, and in the prosecution and adjudication of juveniles. The secretary shall report
his or her findings to the legislature by December 1, 1994,
and December 1 of each year thereafter. [1993 c 415 § 7;
1983 c 191 § 5; 1979 c 151 § 9; 1977 ex.s. c 307 § 1; 1973 1st
ex.s. c 198 § 1; 1971 ex.s. c 165 § 1; 1969 ex.s. c 165 § 5.]
Intent—1993 c 415: See note following RCW 2.56.031.
Additional notes found at www.leg.wa.gov
13.06.055 Housing authorities law—Group homes or
halfway houses for released juveniles or developmentally
disabled. See RCW 35.82.285.
13.06.055
Chapter 13.16
Chapter 13.16 RCW
PLACES OF DETENTION
Sections
13.16.010
13.16.020
13.16.030
13.16.040
13.16.050
13.16.060
13.16.070
Establishment of house or room of detention.
Lack of detention facilities constitutes emergency.
Mandatory function of counties.
Counties authorized to acquire facilities and employ adequate
staffs.
Federal or state aid.
Statutory debt limits may be exceeded.
Bonds may be issued without vote of electors.
[Title 13 RCW—page 8]
13.16.080
13.16.085
13.16.090
13.16.100
Allocation of budgeted funds.
Financial responsibility for cost of detention.
Juvenile not to be confined in jail or holding facility for adults,
exceptions—Enforcement.
Motion pictures.
Child
welfare agencies: Chapter 74.15 RCW.
welfare services: Chapter 74.13 RCW.
County juvenile detention facilities—Policy—Detention and risk assessment
standards: RCW 13.40.038.
Employment of dental hygienist without supervision of a dentist authorized:
RCW 18.29.056.
13.16.010 Establishment of house or room of detention. See RCW 13.04.135.
13.16.010
13.16.020 Lack of detention facilities constitutes
emergency. The attention of the legislature having been
called to the absence of juvenile detention facilities in the
various counties of the state, the legislature hereby declares
that this situation constitutes an emergency demanding the
invocation by the several counties affected of the emergency
powers granted by virtue of RCW 36.40.140 through
36.40.200. [1945 c 188 § 1; Rem. Supp. 1945 § 2004-1.]
13.16.020
13.16.030 Mandatory function of counties. The construction, acquisition and maintenance of juvenile detention
facilities for dependent, wayward and delinquent children,
separate and apart from the detention facilities for adults, is
hereby declared to be a mandatory function of the several
counties of the state. [1945 c 188 § 2; Rem. Supp. 1945 §
2004-2.]
13.16.030
13.16.040 Counties authorized to acquire facilities
and employ adequate staffs. Boards of county commissioners in the various counties now suffering from a lack of adequate detention facilities for dependent, delinquent and wayward children shall, in the manner provided by law, declare
an emergency and appropriate, in the manner provided by
law, sufficient funds to meet all demands for adequate care of
dependent, delinquent and wayward children. All appropriations made under the provisions of RCW 13.16.020 through
13.16.080 are to be used exclusively for the acquisition, purchase, construction or leasing of real and personal property
and the employment and payment of salaries for an adequate
staff of juvenile officers and necessary clerical staff and
assistants and for furnishing suitable food, clothing and recreational facilities for dependent, delinquent and wayward
children. [1945 c 188 § 3; Rem. Supp. 1945 § 2004-3.]
13.16.040
13.16.050 Federal or state aid. In connection with the
financing of facilities and the employment of a staff of juvenile officers for dependent, delinquent and wayward children,
the various boards of county commissioners affected shall
attempt to secure such advances, loans, grants in aid, donations as gifts as may be secured from the federal government
or any of its agencies or from the state government or from
other public or private institutions or individuals. [1945 c
188 § 4; Rem. Supp. 1945 § 2004-4.]
13.16.050
13.16.060 Statutory debt limits may be exceeded.
Appropriations made under authority and by virtue of RCW
13.16.060
(2010 Ed.)
Management of Detention Facilities—Counties with Populations of One Million or More
13.16.020 through 13.16.080 and debts incurred by any
county in carrying out the provisions of RCW 13.16.020
through 13.16.080 may exceed all statutory limitations otherwise applicable and limiting the debt any county may incur.
[1945 c 188 § 5; Rem. Supp. 1945 § 2004-5.]
juvenile rehabilitation in the department of social and health
services. [1994 sp.s. c 7 § 807.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Chapter 13.20
13.16.070 Bonds may be issued without vote of electors. In order to carry out the provisions of RCW 13.16.020
through 13.16.080 the several counties affected shall utilize
any and all methods available to them by law for financing
the program authorized by RCW 13.16.020 through
13.16.080 and may fund any and all debts incurred by the
issuance of general obligation bonds of the county in the
manner provided by law, without submitting the same to a
vote of the people. [1945 c 188 § 6; Rem. Supp. 1945 § 20046.]
13.16.070
13.16.080 Allocation of budgeted funds. In order to
carry out the provisions of RCW 13.16.020 through
13.16.080 the board of county commissioners is hereby
authorized, any law to the contrary notwithstanding, to allocate any funds that may be available in any item or class of
the budget as presently constituted to the fund to be used to
carry out the provisions of RCW 13.16.020 through
13.16.080. [1945 c 188 § 7; Rem. Supp. 1945 § 2004-7.]
13.16.085 Financial responsibility for cost of detention. In any case in which a child under eighteen years of age
has been placed in any detention facility under the jurisdiction of the juvenile court, the court may inquire into the facts
concerning the necessity or propriety of such child’s detention notwithstanding the fact that such child may not have
been found to be either a dependent or a delinquent child.
The court may, either in the proceedings involving the
question of dependency or delinquency of such child or in a
separate proceeding, upon the parent or parents, guardian, or
other person having custody of said child being duly summoned or voluntarily appearing, proceed to inquire into the
necessity or propriety of such detention and into the ability of
such person or persons to pay the cost of such detention.
If the court finds that such detention was necessary or
proper for the welfare of the child or for the protection of the
community, and if the court also finds the parent or parents,
guardian, or other person having the custody of such child
able to pay or contribute to the payment of the cost of such
detention, the court may enter such order or decree as shall be
equitable in the premises, and may enforce the same by execution or in any way a court of equity may enforce its
decrees. [1955 c 369 § 1.]
Basic juvenile court act: Chapter 13.04 RCW.
13.16.090 Juvenile not to be confined in jail or holding facility for adults, exceptions—Enforcement. See
RCW 13.04.116.
Chapter 13.20 RCW
MANAGEMENT OF DETENTION FACILITIES—
COUNTIES WITH POPULATIONS OF
ONE MILLION OR MORE
(Formerly: Management of detention facilities—Class AA counties)
Sections
13.20.010
13.20.020
13.20.030
13.20.040
13.20.050
13.20.060
13.16.080
13.16.085
13.20.030
Board of managers—Appointment authorized—Composition.
Terms of office—Removal—Vacancies.
Chair—Quorum—Organization—Rules of procedure.
Powers and duties of board.
Compensation of members.
Transfer of administration of juvenile court services to county
executive—Authorized—Advisory board—Procedure.
Employment of dental hygienist without supervision of a dentist authorized:
RCW 18.29.056.
Places of detention: Chapter 13.16 RCW.
Places of detention—Basic juvenile court act: Chapter 13.04 RCW.
13.20.010 Board of managers—Appointment authorized—Composition. The judges of the superior court of
any county with a population of one million or more are
hereby authorized, by majority vote, to appoint a board of
managers to administer, subject to the approval and authority
of such superior court, the probation and detention services
for dependent and delinquent children coming under the
jurisdiction of the juvenile court.
Such board shall consist of four citizens of the county
and the judge who has been selected to preside over the juvenile court. [1991 c 363 § 12; 1955 c 232 § 1.]
13.20.010
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
13.20.020 Terms of office—Removal—Vacancies.
The nonjudicial members of the board first appointed shall be
appointed for the respective terms of one, two, three, and four
years and until their successors are appointed and qualified;
and thereafter their successors shall be appointed for terms of
four years and until their successors are appointed and qualified.
Any such member of the board may be removed at any
time by majority vote of the judges of the superior court.
Vacancies on the board may be filled at any time by
majority vote of said judges, and such appointee shall hold
office for the remainder of the term of the member in whose
stead he or she was appointed. [2010 c 8 § 4003; 1955 c 232
§ 2.]
13.20.020
13.16.090
13.16.100 Motion pictures. Motion pictures unrated
after November 1968 or rated R, X, or NC-17 by the motion
picture association of America shall not be shown in juvenile
detention facilities or facilities operated by the division of
13.16.100
(2010 Ed.)
13.20.030 Chair—Quorum—Organization—Rules
of procedure. The judicial member of the board shall be the
chair thereof; a majority thereof shall constitute a quorum for
the transaction of business; and the board shall have authority
to organize itself in such manner and to establish such rules
of procedure as it deems proper for the performance of its
duties. [2010 c 8 § 4004; 1955 c 232 § 3.]
13.20.030
[Title 13 RCW—page 9]
13.20.040
Title 13 RCW: Juvenile Courts and Juvenile Offenders
13.20.040 Powers and duties of board. The juvenile
court board of managers shall:
(1) Have general supervision and care of all physical
structures and grounds connected with the rendition of probation and detention services and power to do everything necessary to the proper maintenance thereof within the limits of the
appropriations authorized.
(2) Subject to the approval and authority of said superior
court, the board of managers shall have authority and power
to determine the type and extent of probation and detention
services to be conducted in connection with the juvenile
court, and authority over all matters concerning employment,
job classifications, salary scales, qualifications, and number
of personnel necessarily involved in the rendition of probation and detention services.
(3) Prepare, in accordance with the provisions of the
county budget law, and file with the county auditor a detailed
and itemized estimate, both of probable revenues from
sources other than taxation and of all expenditures required
for the rendition of the services under the jurisdiction of said
board.
(4) Prepare and file with the superior court on July 1st of
each year, and at such other times and in such form as the
court shall require, a report of its operations. [1955 c 232 §
4.]
13.20.040
13.20.050 Compensation of members. No member of
the board shall receive any compensation or emolument
whatever for services as such board member. [1955 c 232 §
5.]
13.20.050
13.20.060 Transfer of administration of juvenile
court services to county executive—Authorized—Advisory board—Procedure. In addition, and alternatively, to
the authority granted by RCW 13.20.010, the judges of the
superior court of any county with a population of one million
or more operating under a county charter providing for an
elected county executive are hereby authorized, by a majority
vote, subject to approval by ordinance of the legislative
authority of the county to transfer to the county executive the
responsibility for, and administration of all or part of juvenile
court services, including detention, intake and probation. The
superior court and county executive of such county are further authorized to establish a five-member juvenile court
advisory board to advise the county in its administration of
such services, facilities and programs. If the advisory board is
established, two members of the advisory board shall be
appointed by the superior court, two members shall be
appointed by the county executive, and one member shall be
selected by the vote of the other four members. The county is
authorized to contract or otherwise make arrangements with
other public or private agencies to provide all or a part of such
services, facilities and programs. Subsequent to any transfer
to the county of responsibility and administration of such services, facilities and programs pursuant to the foregoing
authority, the judges of such superior court, by majority vote
subject to the approval by ordinance of the legislative authority of the county, may retransfer the same to the superior
court. [1991 c 363 § 13; 1975 1st ex.s. c 124 § 1.]
13.20.060
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
[Title 13 RCW—page 10]
Chapter 13.24 RCW
INTERSTATE COMPACT FOR JUVENILES
Chapter 13.24
Sections
13.24.011
13.24.021
13.24.030
13.24.035
13.24.040
13.24.050
13.24.060
13.24.900
Execution of compact.
Designation of state council.
Supplementary agreements.
Governor authorized and directed to execute supplementary
compact—Contents.
Financial arrangements.
Fees.
Responsibilities of state departments, agencies and officers.
Short title.
13.24.011 Execution of compact.
13.24.011
EXECUTION OF THE COMPACT
The governor is hereby authorized and directed to execute a compact on behalf of this state with any other state or
states legally joining therein in the form substantially as follows. No provision of this compact will interfere with this
state’s authority to determine policy regarding juvenile
offenders and nonoffenders within this state.
THE INTERSTATE COMPACT FOR JUVENILES
ARTICLE I - Purpose
The compacting states to this interstate compact recognize that each state is responsible for the proper supervision
or return of juveniles, delinquents, and status offenders who
are on probation or parole and who have absconded, escaped,
or run away from supervision and control and in so doing
have endangered their own safety and the safety of others.
The compacting states also recognize that each state is
responsible for the safe return of juveniles who have run
away from home and in doing so have left their state of residence. The compacting states also recognize that congress,
by enacting the crime control act, 4 U.S.C. Sec. 112 (1965),
has authorized and encouraged compacts for cooperative
efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint
and cooperative action among the compacting states, to: (1)
Ensure that the adjudicated juveniles and status offenders
subject to this compact are provided adequate supervision
and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (2) ensure
that the public safety interests of the citizens, including the
victims of juvenile offenders, in both the sending and receiving states are adequately protected; (3) return juveniles who
have run away, absconded, or escaped from supervision or
control or have been accused of an offense to the state
requesting their return; (4) make contracts for the cooperative
institutionalization in public facilities in member states for
delinquent youth needing special services; (5) provide for the
effective tracking and supervision of juveniles; (6) equitably
allocate the costs, benefits, and obligations of the compacting
states; (7) establish procedures to manage the movement
between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or
any other criminal or juvenile justice agency that has jurisdiction over juvenile offenders; (8) ensure immediate notice to
jurisdictions where defined offenders may travel or relocate
across state lines; (9) establish procedures to resolve pending
charges (detainers) against juvenile offenders before transfer
(2010 Ed.)
Interstate Compact for Juveniles
or release to the community under the terms of this compact;
(10) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that
allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to
heads of state executive, judicial, and legislative branches
and juvenile and criminal justice administrators; (11) monitor
compliance with rules governing interstate movement of
juveniles and initiate interventions to address and correct
noncompliance; (12) coordinate training and education
regarding the regulation of interstate movement of juveniles
for officials involved in such activity; and (13) coordinate the
implementation and operation of the compact with the interstate compact for the placement of children, the interstate
compact for adult offender supervision, and other compacts
affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of
the compacting states that the activities conducted by the
interstate commission created in this section are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe
their individual and collective duties and responsibilities for
the prompt return and acceptance of juveniles subject to the
provisions of this compact. The provisions of this compact
shall be reasonably and liberally construed to accomplish the
purposes and policies of the compact.
ARTICLE II - Definitions
As used in this compact, unless the context clearly
requires a different construction:
(1) "Bylaws" means those bylaws established by the
interstate commission for its governance, or for directing or
controlling its actions or conduct.
(2) "Commissioner" means the voting representative of
each compacting state appointed under Article III of this
compact.
(3) "Compact administrator" means the individual in
each compacting state appointed under the terms of this compact, responsible for the administration and management of
the state’s supervision and transfer of juveniles subject to the
terms of this compact, the rules adopted by the interstate
commission, and policies adopted by the state council under
this compact.
(4) "Compacting state" means any state that has enacted
the enabling legislation for this compact.
(5) "Court" means any court having jurisdiction over
delinquent, neglected, or dependent children.
(6) "Deputy compact administrator" means the individual, if any, in each compacting state appointed to act on
behalf of a compact administrator under the terms of this
compact responsible for the administration and management
of the state’s supervision and transfer of juveniles subject to
the terms of this compact, the rules adopted by the interstate
commission, and policies adopted by the state council under
this compact.
(7) "Interstate commission" means the interstate commission for juveniles created by Article III of this compact.
(8) "Juvenile" means any person defined as a juvenile in
any member state or by the rules of the interstate commission, including:
(2010 Ed.)
13.24.011
(a) An accused delinquent, meaning a person charged
with an offense that, if committed by an adult, would be a
criminal offense;
(b) An adjudicated delinquent, meaning a person found
to have committed an offense that, if committed by an adult,
would be a criminal offense;
(c) An accused status offender, meaning a person
charged with an offense that would not be a criminal offense
if committed by an adult;
(d) An adjudicated status offender, meaning a person
found to have committed an offense that would not be a criminal offense if committed by an adult; and
(e) A nonoffender, meaning a person in need of supervision who has not been accused or adjudicated a status
offender or delinquent.
(9) "Noncompacting state" means any state that has not
enacted the enabling legislation for this compact.
(10) "Probation or parole" means any kind of supervision
or conditional release of juveniles authorized under the laws
of the compacting states.
(11) "Rule" means a written statement by the interstate
commission issued under Article VI of this compact that is of
general applicability, implements, interprets, or prescribes a
policy or provision of the compact or an organizational, procedural, or practice requirement of the commission, and has
the force and effect of statutory law in a compacting state.
This includes the amendment, repeal, or suspension of an
existing rule.
(12) "State" means a state of the United States, the District of Columbia (or its designee), the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.
ARTICLE III - Interstate Commission for Juveniles
(1) The compacting states hereby create the "interstate
commission for juveniles." The interstate commission shall
be a body corporate and joint agency of the compacting
states. The interstate commission shall have all the responsibilities, powers, and duties set forth in this section, and such
additional powers as may be conferred upon it by subsequent
action of the respective legislatures of the compacting states
in accordance with the terms of this compact.
(2) The interstate commission shall consist of commissioners appointed by the appropriate appointing authority in
each state under the rules and requirements of each compacting state and in consultation with the state council for interstate juvenile supervision. The commissioner shall be the
compact administrator, deputy compact administrator, or
designee from that state who shall serve on the interstate
commission in such capacity under the applicable law of the
compacting state.
(3) In addition to the commissioners who are the voting
representatives of each state, the interstate commission shall
include individuals who are not commissioners, but who are
members of interested organizations. Such noncommissioner
members must include a member of the national organizations of governors, legislators, state chief justices, attorneys
general, interstate compact for adult offender supervision,
interstate compact for the placement of children, juvenile justice and juvenile corrections officials, and crime victims. All
noncommissioner members of the interstate commission
[Title 13 RCW—page 11]
13.24.011
Title 13 RCW: Juvenile Courts and Juvenile Offenders
shall be nonvoting members. The interstate commission may
provide in its bylaws for such additional nonvoting members,
including members of other national organizations, in such
numbers as shall be determined by the commission.
(4) Each compacting state represented at any meeting of
the commission is entitled to one vote. A majority of the
compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the
bylaws of the interstate commission.
(5) The interstate commission shall meet at least once
each calendar year. The chair may call additional meetings
and, upon the request of a simple majority of the compacting
states, shall call additional meetings. Public notice shall be
given of all meetings and meetings shall be open to the public.
(6) The interstate commission shall establish an executive committee, which shall include commission officers,
members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the
interstate commission during periods when the interstate
commission is not in session, with the exception of rule making and/or amendment to the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and
interstate commission staff, administer enforcement and
compliance with the compact, its bylaws, and rules, and perform such other duties as directed by the interstate commission or set forth in the bylaws.
(7) Each member of the interstate commission may cast
a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission.
A member shall vote in person and shall not delegate a vote
to another compacting state. However, a commissioner, in
consultation with the state council, shall appoint another
authorized representative, in the absence of the commissioner
from that state, to cast a vote on behalf of the compacting
state at a specified meeting. The bylaws may provide for
members’ participation in meetings by telephone or other
means of telecommunication or electronic communication.
(8) The interstate commission’s bylaws shall establish
conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate
commission may exempt from disclosure any information or
official records to the extent they would adversely affect personal privacy rights or proprietary interests.
(9) Public notice shall be given of all meetings and all
meetings shall be open to the public, except as set forth in the
rules or as otherwise provided in the compact. The interstate
commission and any of its committees may close a meeting to
the public where it determines by two-thirds vote that an open
meeting would be likely to:
(a) Relate solely to the interstate commission’s internal
personnel practices and procedures;
(b) Disclose matters specifically exempted from disclosure by statute;
(c) Disclose trade secrets or commercial or financial
information that is privileged or confidential;
(d) Involve accusing any person of a crime, or formally
censuring any person;
[Title 13 RCW—page 12]
(e) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of
personal privacy;
(f) Disclose investigative records compiled for law
enforcement purposes;
(g) Disclose information contained in or related to examination, operating, or condition reports prepared by, or on
behalf of or for the use of, the interstate commission with
respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;
(h) Disclose information, the premature disclosure of
which would significantly endanger the stability of a regulated person or entity; or
(i) Specifically relate to the interstate commission’s issuance of a subpoena, or its participation in a civil action or
other legal proceeding.
(10) For every closed meeting, the interstate commission’s legal counsel shall publicly certify that, in the legal
counsel’s opinion, the meeting may be closed to the public,
and shall reference each relevant exemptive provision. The
interstate commission shall keep minutes that fully and
clearly describe all matters discussed in any meeting and
shall provide a full and accurate summary of any actions
taken, and the reasons therefore, including a description of
each of the views expressed on any item and the record of any
roll call vote reflected in the vote of each member on the
question. All documents considered in connection with any
action shall be identified in the minutes.
(11) The interstate commission shall collect standardized
data concerning the interstate movement of juveniles as
directed through its rules that specify the data to be collected,
the means of collection and data exchange, and reporting
requirements. Such methods of data collection, exchange,
and reporting shall insofar as is reasonably possible conform
to current technology and coordinate its information functions with the appropriate repository of records.
ARTICLE IV - Powers and Duties of the
Interstate Commission
The commission has the following powers and duties:
(1) Provide for dispute resolution among compacting
states;
(2) Adopt rules to effect the purposes and obligations of
this compact which shall have the force and effect of statutory law and shall be binding in the compacting states to the
extent and in the manner provided in this compact;
(3) Oversee, supervise, and coordinate the interstate
movement of juveniles subject to this compact and any
bylaws adopted and rules adopted by the interstate commission;
(4) Enforce compliance with the compact provisions, the
rules adopted by the interstate commission, and the bylaws,
using all necessary and proper means, including but not limited to the use of judicial process;
(5) Establish and maintain offices that are located within
one or more of the compacting states;
(6) Purchase and maintain insurance and bonds;
(7) Borrow, accept, hire, or contract for personnel services;
(8) Establish and appoint committees and hire staff that
it deems necessary to carry out its functions including, but
(2010 Ed.)
Interstate Compact for Juveniles
not limited to, an executive committee as required by Article
III of this compact that may act on behalf of the interstate
commission in carrying out its powers and duties;
(9) Elect or appoint officers, attorneys, employees,
agents, or consultants, and to fix their compensation, define
their duties and determine their qualifications, and to establish the interstate commission’s personnel policies and programs relating to inter alia, conflicts of interest, rates of compensation, and qualifications of personnel;
(10) Accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
use, and dispose of the donations and grants;
(11) Lease, purchase, accept contributions or donations
of, or otherwise to own, hold, improve, or use any property,
real, personal, or mixed;
(12) Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, real, personal,
or mixed;
(13) Establish a budget and make expenditures and levy
dues as provided in Article VIII of this compact;
(14) Sue and be sued;
(15) Adopt a seal and bylaws governing the management
and operation of the interstate commission;
(16) Perform such functions as may be necessary or
appropriate to achieve the purposes of this compact;
(17) Report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning
the activities of the interstate commission during the preceding year. Reports shall also include any recommendations
adopted by the interstate commission;
(18) Coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials involved in such activity;
(19) Establish uniform standards of the reporting, collecting, and exchanging of data; and
(20) Maintain its corporate books and records in accordance with the bylaws.
ARTICLE V - Organization and Operation
of the Interstate Commission
Section A. Bylaws
The interstate commission shall, by a majority of the
members present and voting, within twelve months after the
first interstate commission meeting, adopt bylaws to govern
its conduct as may be necessary or appropriate to carry out
the purposes of the compact, including, but not limited to:
(1) Establishing the fiscal year of the interstate commission;
(2) Establishing an executive committee and such other
committees as may be necessary;
(3) Providing for the establishment of committees governing any general or specific delegation of any authority or
function of the interstate commission;
(4) Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring
reasonable notice of each such meeting;
(5) Establishing the titles and responsibilities of the
officers of the interstate commission;
(6) Providing a mechanism for concluding the operations
of the interstate commission and the return of any surplus
(2010 Ed.)
13.24.011
funds that may exist upon the termination of the compact
after the payment and/or reserving of all of its debts and obligations;
(7) Providing "start-up" rules for initial administration of
the compact; and
(8) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
Section B. Officers and staff
(1) The interstate commission shall, by a majority of the
members, elect annually from among its members a chair and
a vice-chair, each of whom has the authority and duties that
are specified in the bylaws. The chair or, in the chair’s
absence or disability, the vice-chair shall preside at all meetings of the interstate commission. The officers so elected
shall serve without compensation or remuneration from the
interstate commission. However, subject to the availability
of budgeted funds, the officers shall be reimbursed for any
ordinary and necessary costs and expenses incurred by them
in the performance of their duties and responsibilities as
officers of the interstate commission.
(2) The interstate commission shall, through its executive committee, appoint or retain an executive director for
such period, upon such terms and conditions, and for such
compensation as the interstate commission deems appropriate. The executive director shall serve as secretary to the
interstate commission, but shall not be a member and shall
hire and supervise such other staff as authorized by the interstate commission.
Section C. Qualified immunity, defense, and indemnification
(1) The commission’s executive director and employees
are immune from suit and liability, either personally or in
their official capacity, for any claim for damage to, loss of
property, personal injury, or other civil liability caused or
arising out of or relating to any actual or alleged act, error, or
omission that occurred, or that such person had a reasonable
basis for believing occurred within the scope of commission
employment, duties, or responsibilities. However, any such
person is not protected from suit or liability for any damage,
loss, injury, or liability caused by the intentional or willful
and wanton misconduct of any such person.
(2) The liability of any commissioner, or the employee or
agent of a commissioner, acting within the scope of such person’s employment or duties for acts, errors, or omissions
occurring within such person’s state may not exceed the limits of liability set forth under the constitution and laws of that
state for state officials, employees, and agents. Nothing in
this subsection shall be construed to protect any such person
from suit or liability for any damage, loss, injury, or liability
caused by the intentional or willful and wanton misconduct
of any such person.
(3) The interstate commission shall defend the executive
director or the employees or representatives of the interstate
commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner’s representatives or employees in any civil action
seeking to impose liability arising out of any actual or alleged
act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or
[Title 13 RCW—page 13]
13.24.011
Title 13 RCW: Juvenile Courts and Juvenile Offenders
that the defendant had a reasonable basis for believing
occurred within the scope of interstate commission employment, duties, or responsibilities, if the actual or alleged act,
error, or omission did not result from intentional or willful
and wanton misconduct on the part of such person.
(4) The interstate commission shall indemnify and hold
the commissioner of a compacting state, or the commissioner’s representatives or employees, or the interstate commission’s representatives or employees, harmless in the
amount of any settlement or judgment obtained against such
persons arising out of any actual or alleged act, error, or
omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the
scope of interstate commission employment, duties, or
responsibilities, if the actual or alleged act, error, or omission
did not result from intentional or willful and wanton misconduct on the part of such persons.
ARTICLE VI - Rule-making Functions of the
Interstate Commission
(1) The interstate commission shall adopt and publish
rules in order to effectively and efficiently achieve the purposes of the compact.
(2) Rule making shall occur pursuant to the criteria set
forth in this article and the bylaws and rules adopted pursuant
thereto. Such rule making shall substantially conform to the
principles of the "model state administrative procedures act,"
1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or
such other administrative procedures act, as the interstate
commission deems appropriate consistent with due process
requirements under the United States Constitution as now or
hereafter interpreted by the United States supreme court. All
rules and amendments become binding as of the date specified, as published with the final version of the rule as
approved by the commission.
(3) When adopting a rule, the interstate commission
shall, at a minimum:
(a) Publish the proposed rule’s entire text stating the reason or reasons for that proposed rule;
(b) Allow and invite any and all persons to submit written data, facts, opinions, and arguments, which information
shall be added to the record, and be made publicly available;
(c) Provide an opportunity for an informal hearing if
petitioned by ten or more persons; and
(d) Adopt a final rule and its effective date, if appropriate, based on input from state or local officials, or interested
parties.
(4) The interstate commission shall allow, not later than
sixty days after a rule is adopted, any interested person to file
a petition in the United States district court for the District of
Columbia or in the federal district court where the interstate
commission’s principal office is located for judicial review of
such rule. If the court finds that the interstate commission’s
action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set
it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the
model state administrative procedures act.
(5) If a majority of the legislatures of the compacting
states rejects a rule, those states may, by enactment of a stat[Title 13 RCW—page 14]
ute or resolution in the same manner used to adopt the compact, cause that rule to have no further force and effect in any
compacting state.
(6) The existing rules governing the operation of the
interstate compact on juveniles superseded by chapter 180,
Laws of 2003 shall be null and void twelve months after the
first meeting of the interstate commission created under this
section.
(7) Upon determination by the interstate commission
that a state of emergency exists, it may adopt an emergency
rule that becomes effective immediately upon adoption.
However, the usual rule-making procedures shall be retroactively applied to the rule as soon as reasonably possible, but
no later than ninety days after the effective date of the emergency rule.
ARTICLE VII - Oversight, Enforcement, and
Dispute Resolution by the Interstate Commission
Section A. Oversight
(1) The interstate commission shall oversee the administration and operations of the interstate movement of juveniles
subject to this compact in the compacting states and shall
monitor such activities being administered in noncompacting
states that may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions
necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the
rules adopted under this section shall be received by all the
judges, public officers, commissions, and departments of the
state government as evidence of the authorized statute and
administrative rules. All courts shall take judicial notice of
the compact and the rules. In any judicial or administrative
proceeding in a compacting state pertaining to the subject
matter of this compact which may affect the powers, responsibilities, or actions of the interstate commission, it shall be
entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for
all purposes.
Section B. Dispute resolution
(1) The compacting states shall report to the interstate
commission on all issues and activities necessary for the
administration of the compact as well as issues and activities
pertaining to compliance with the compact and its bylaws and
rules.
(2) The interstate commission shall attempt, upon the
request of a compacting state, to resolve any disputes or other
issues that are subject to the compact and that may arise
among compacting states and between compacting and noncompacting states. The commission shall adopt a rule providing for both mediation and binding dispute resolution for
disputes among the compacting states.
(3) The interstate commission, in the reasonable exercise
of its discretion, shall enforce the provisions and rules of this
compact using any or all means set forth in Article XI of this
compact.
(2010 Ed.)
Interstate Compact for Juveniles
ARTICLE VIII - Finance
(1) The interstate commission shall pay or provide for
the payment of the reasonable expenses of its establishment,
organization, and ongoing activities.
(2) The interstate commission shall levy on and collect
an annual assessment from each compacting state to cover
the cost of the internal operations and activities of the interstate commission and its staff which must be in a total
amount sufficient to cover the interstate commission’s annual
budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be
determined by the interstate commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting
state and shall adopt a rule binding upon all compacting states
that governs the assessment.
(3) The interstate commission shall not incur any obligations of any kind before securing the funds adequate to meet
the same; nor shall the interstate commission pledge the
credit of any of the compacting states, except by and with the
authority of the compacting state.
(4) The interstate commission shall keep accurate
accounts of all receipts and disbursements. The receipts and
disbursements of the interstate commission shall be subject to
the audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds
handled by the interstate commission shall be audited yearly
by a certified or licensed public accountant and the report of
the audit shall be included in and become part of the annual
report of the interstate commission.
13.24.011
pact or of any supplementary agreement or agreements
entered into by this state.
ARTICLE X - Compacting States, Effective Date,
and Amendment
(1) Any state, the District of Columbia or its designee,
the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Northern Marianas
Islands as defined in Article II of this compact is eligible to
become a compacting state.
(2) The compact shall become effective and binding
upon legislative enactment of the compact into law by no less
than thirty-five of the states. The initial effective date shall
be the later of July 1, 2004, or upon enactment into law by the
thirty-fifth jurisdiction. Thereafter, it shall become effective
and binding as to any other compacting state upon enactment
of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the interstate commission on a nonvoting basis before adoption of the compact by all states and
territories of the United States.
(3) The interstate commission may propose amendments
to the compact for enactment by the compacting states. No
amendment shall become effective and binding upon the
interstate commission and the compacting states unless and
until it is enacted into law by unanimous consent of the compacting states.
ARTICLE XI - Withdrawal, Default, Termination,
and Judicial Enforcement
ARTICLE IX - The State Council
Section A. Withdrawal
Each member state shall create a state council for interstate juvenile supervision. While each state may determine
the membership of its own state council, its membership must
include at least one representative from the legislative, judicial, and executive branches of government, victims groups,
and the compact administrator, deputy compact administrator, or designee. Each compacting state retains the right to
determine the qualifications of the compact administrator or
deputy compact administrator. Each state council will advise
and may exercise oversight and advocacy concerning that
state’s participation in interstate commission activities and
other duties as may be determined by that state, including but
not limited to development of policy concerning operations
and procedures of the compact within that state.
Pursuant to this compact, the governor shall designate an
individual who shall be the compact administrator and who,
acting jointly with like officers of other party states, shall
promulgate rules and regulations to carry out more effectively the terms of the compact. The governor shall designate
the compact administrator from a list of six individuals, three
of whom are recommended by the Washington association of
juvenile court administrators and three of whom are recommended by the juvenile rehabilitation administration of the
department of social and health services. The administrator
shall serve subject to the pleasure of the governor. The
administrator shall cooperate with all departments, agencies,
and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the com-
(1) Once effective, the compact shall continue in force
and remain binding upon each and every compacting state.
However, a compacting state may withdraw from the compact by repealing the statute that enacted the compact into
law.
(2) The effective date of withdrawal is the effective date
of the repeal.
(3) The withdrawing state shall immediately notify the
chair of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other
compacting states of the withdrawing state’s intent to withdraw within sixty days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting
the compact or upon such later date as determined by the
interstate commission.
(2010 Ed.)
Section B. Technical Assistance, Fines, Suspension,
Termination, and Default
(1) If the interstate commission determines that any compacting state has at any time defaulted in the performance of
any of its obligations or responsibilities under this compact,
[Title 13 RCW—page 15]
13.24.021
Title 13 RCW: Juvenile Courts and Juvenile Offenders
or the bylaws or adopted rules, the interstate commission may
impose any or all of the following penalties:
(a) Remedial training and technical assistance as
directed by the interstate commission;
(b) Alternative dispute resolution;
(c) Fines, fees, and costs in such amounts as set by the
interstate commission; and
(d) Suspension or termination of membership in the
compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and
rules have been exhausted and the interstate commission has
determined that the offending state is in default. Immediate
notice of suspension shall be given by the interstate commission to the governor, the chief justice or the chief judicial
officer of the state, the majority and minority leaders of the
defaulting state’s legislature, and the state council. The
grounds for default include, but are not limited to, failure of a
compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws, or rules and
any other grounds designated in commission bylaws and
rules. The interstate commission shall immediately notify the
defaulting state in writing of the penalty imposed by the interstate commission and of the default pending a cure of the
default. The commission shall stipulate the conditions and
the time period within which the defaulting state must cure its
default. If the defaulting state fails to cure the default within
the time period specified by the commission, the defaulting
state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights,
privileges, and benefits conferred by this compact shall be
terminated from the effective date of termination.
(2) Within sixty days of the effective date of termination
of a defaulting state, the interstate commission shall notify
the governor, the chief justice or chief judicial officer, the
majority and minority leaders of the defaulting state’s legislature, and the state council of such termination.
(3) The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
(4) The interstate commission shall not bear any costs
relating to the defaulting state unless otherwise mutually
agreed upon in writing between the interstate commission
and the defaulting state.
(5) Reinstatement following termination of any compacting state requires both a reenactment of the compact by
the defaulting state and the approval of the interstate commission pursuant to the rules.
Section C. Judicial enforcement
The interstate commission may, by majority vote of the
members, initiate legal action in the United States district
court for the District of Columbia or, at the discretion of the
interstate commission, in the federal district where the interstate commission has its offices, to enforce compliance with
the provisions of the compact, its rules, and bylaws against
any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all
costs of such litigation including reasonable attorneys’ fees.
[Title 13 RCW—page 16]
Section D. Dissolution of compact
(1) The compact dissolves effective upon the date of the
withdrawal or default of the compacting state, which reduces
membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact
becomes null and void and shall be of no further force or
effect, and the business and affairs of the interstate commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XII - Severability and Construction
(1) The provisions of this compact are severable, and if
any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact are
enforceable.
(2) The provisions of this compact shall be liberally construed to effectuate its purposes.
ARTICLE XIII - Binding Effect of Compact and Other Laws
Section A. Other laws
(1) Nothing in this section prevents the enforcement of
any other law of a compacting state that is consistent with this
compact.
(2) All compacting states’ laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.
Section B. Binding effect of the compact
(1) All lawful actions of the interstate commission,
including all rules and bylaws adopted by the interstate commission, are binding upon the compacting states.
(2) All agreements between the interstate commission
and the compacting states are binding in accordance with
their terms.
(3) Upon the request of a party to a conflict over meaning
or interpretation of interstate commission actions, and upon a
majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or
interpretation.
(4) In the event any provision of this compact exceeds
the constitutional limits imposed on the legislature of any
compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations,
duties, powers, or jurisdiction shall remain in the compacting
state and shall be exercised by the agency thereof to which
such obligations, duties, powers, or jurisdiction are delegated
by law in effect at the time this compact becomes effective.
[2003 c 180 § 1.]
Contingent effective date—2003 c 180: "This act takes effect July 1,
2004, or when the interstate compact for juveniles is adopted by thirty-five
or more states, whichever occurs later." [2003 c 180 § 4.] Illinois was the
35th state to adopt the interstate compact for juveniles on August 26, 2008.
13.24.021 Designation of state council. Pursuant to the
compact created in RCW 13.24.011, the governor is hereby
authorized and empowered to designate a state council as
required in Article IX of the compact. [2003 c 180 § 2.]
13.24.021
Contingent effective date—2003 c 180: See note following RCW
13.24.011.
(2010 Ed.)
Family Reconciliation Act
13.24.030 Supplementary agreements. The compact
administrator is hereby authorized and empowered to enter
into supplementary agreements with appropriate officials of
other states pursuant to the compact. In the event that such
supplementary agreement shall require or contemplate the
use of any institution or facility of this state or require or contemplate the provision of any service by this state, said supplementary agreement shall have no force or effect until
approved by the head of the department or agency under
whose jurisdiction said institution or facility is operated or
whose department or agency will be charged with the rendering of such service. [1955 c 284 § 3.]
13.24.030
13.24.035 Governor authorized and directed to execute supplementary compact—Contents. (1) The governor is hereby authorized and directed to execute a compact
amending and supplementing the interstate compact on juveniles on behalf of this state with any other state or states
legally joining therein in the form substantially as set forth in
subsection (2) of this section.
(2)(a) All provisions and procedures of Articles V and
VI of the interstate compact on juveniles shall be construed to
apply to any juvenile charged with being a delinquent by reason of a violation of any criminal law. Any juvenile charged
with being a delinquent by reason of violating any criminal
law, shall be returned to the requesting state upon a requisition to the state where the juvenile may be found. A petition
in such case shall be filed in a court of competent jurisdiction
in the requesting state where the violation of criminal law is
alleged to have been committed. The petition may be filed
regardless of whether the juvenile has left the state before or
after the filing of the petition. The requisition described in
Article V of the compact shall be forwarded by the judge of
the court in which the petition has been filed.
(b) This amendment provides additional remedies and
shall be binding only as among and between those party
states which substantially execute the same. [1979 c 155 §
36.]
13.24.035
Additional notes found at www.leg.wa.gov
13.24.040 Financial arrangements. The compact
administrator, subject to the approval of the office of financial management, may make or arrange for any payments
necessary to discharge any financial obligations imposed
upon this state by the compact or by any supplementary
agreement entered into thereunder. [1979 ex.s. c 86 § 1; 1955
c 284 § 4.]
of its purposes and intent which may be within their respective jurisdictions. [1955 c 284 § 6.]
13.24.900 Short title. This chapter may be cited as the
"uniform interstate compact on juveniles." [1955 c 284 § 7.]
13.24.900
Chapter 13.32A
13.24.050 Fees. Any judge of this state who appoints
counsel or guardian ad litem pursuant to the provision of the
compact may, in his or her discretion, fix a fee to be paid out
of funds available for disposition by the court but no such fee
shall exceed twenty-five dollars. [2010 c 8 § 4005; 1955 c
284 § 5.]
13.24.050
13.24.060 Responsibilities of state departments,
agencies and officers. The courts, departments, agencies
and officers of this state and its subdivisions shall enforce this
compact and shall do all things appropriate to the effectuation
13.24.060
(2010 Ed.)
Chapter 13.32A RCW
FAMILY RECONCILIATION ACT
(Formerly: Procedures for families in conflict)
Sections
13.32A.010
13.32A.015
13.32A.020
13.32A.030
13.32A.040
13.32A.042
13.32A.044
13.32A.050
13.32A.060
13.32A.065
13.32A.065
13.32A.070
13.32A.080
13.32A.082
13.32A.084
13.32A.085
13.32A.086
13.32A.090
13.32A.095
13.32A.100
13.32A.110
13.32A.120
13.32A.125
13.24.040
Additional notes found at www.leg.wa.gov
Chapter 13.32A
13.32A.128
13.32A.130
13.32A.140
13.32A.150
13.32A.152
13.32A.160
13.32A.170
13.32A.175
13.32A.177
13.32A.178
13.32A.179
13.32A.180
Legislative findings and intent.
At-risk youth services—Intent.
Short title.
Definitions—Regulating leave from semi-secure facility.
Family reconciliation services.
Multidisciplinary team—Formation.
Multidisciplinary team—Purpose—Authority.
Officer taking child into custody—When authorized—Maximum time of custody—Transporting to crisis residential center—Report on suspected abuse or neglect.
Officer taking child into custody—Procedure—Transporting
to home, crisis residential center, custody of department, or
juvenile detention facility.
Officer taking child into custody—Placing in detention—
Detention review hearing—Hearing on contempt (as
amended by 2000 c 123).
Officer taking child into custody—Placing in detention—
Detention review hearing—Hearing on contempt (as
amended by 2000 c 162).
Immunity from liability for law enforcement officer and person with whom child is placed.
Unlawful harboring of a minor—Penalty—Defense—Prosecution of adult for involving child in commission of offense.
Providing shelter to minor—Requirement to notify parent, law
enforcement, or department.
Providing shelter to minor—Immunity from liability.
Unlicensed youth shelter or unlicensed runaway and homeless
youth program—Private right of action or claim.
Duty of law enforcement agencies to identify runaway children under RCW 43.43.510.
Duty to inform parents—Transportation to child’s home or
out-of-home placement—Notice to department.
Unauthorized leave from crisis residential center—Notice to
parents, law enforcement, and the department.
Family reconciliation services for child in out-of-home placement.
Interstate compact to apply, when.
Out-of-home placement—Agreement, continuation—Petition
to approve or continue.
Temporary out-of-home placement in semi-secure crisis residential center.
Child admitted to secure facility—Limitations.
Child admitted to secure facility—Maximum hours of custody—Evaluation for semi-secure facility or release to
department—Parental right to remove child—Reconciliation
effort—Information to parent and child—Written statement
of services and rights—Crisis residential center immunity
from liability.
Out-of-home placement—Child in need of services petition by
department—Procedure.
Out-of-home placement—Child in need of services petition by
child or parent.
Child in need of services petition—Service on parents—
Notice to department—Required notice regarding Indian
children.
Out-of-home placement—Court action upon filing of child in
need of services petition—Child placement.
Out-of-home placement—Fact-finding hearing.
Out-of-home placement—Contribution to child’s support—
Enforcement of order.
Out-of-home placement—Determination of support payments.
Out-of-home placement—Child support—Exceptions.
Out-of-home placement—Disposition hearing—Court
order—Dispositional plan—Child subject to contempt proceedings—Dismissal of order at request of department or
parent.
Out-of-home placement—Court order—No placement in
secure residence.
[Title 13 RCW—page 17]
13.32A.010
Title 13 RCW: Juvenile Courts and Juvenile Offenders
13.32A.190 Out-of-home placement dispositional order—Review hearings—Time limitation on out-of-home placement—Termination of placement at request of parent.
13.32A.191 At-risk youth—Petition by parent.
13.32A.192 At-risk youth petition—Prehearing procedures.
13.32A.194 At-risk youth petition—Court procedures.
13.32A.196 At-risk youth petition—Dispositional hearing.
13.32A.197 Disposition hearing—Additional orders for specialized treatment—Review hearings—Limitation—Use of state funds.
13.32A.198 At-risk youth—Review by court.
13.32A.200 Hearings under chapter—Time or place—Public excluded.
13.32A.205 Acceptance of petitions by court—Damages.
13.32A.210 Foster home placement—Parental preferences.
13.32A.250 Failure to comply with order as civil contempt—Motion—
Penalties.
13.32A.270 Youth who have been diverted—Alleged prostitution or prostitution loitering offenses—Services and treatment.
13.32A.300 No entitlement to services created by chapter.
Consistency required in administration of statutes applicable to runaway
youth, at-risk youth, and families in conflict: RCW 43.20A.770.
Family preservation services: Chapter 74.14C RCW.
Foster placement prevention: Chapter 74.14C RCW.
Implementation of chapters 13.32A and 13.34 RCW: RCW 74.13.036.
Juvenile may be both dependent and an offender: RCW 13.04.300.
Services for families-in-conflict: RCW 74.14A.020.
Transitional treatment program for gang and drug-involved juvenile offenders: RCW 13.40.310.
13.32A.010 Legislative findings and intent. The legislature finds that within any group of people there exists a
need for guidelines for acceptable behavior and that, presumptively, the experience and maturity of parents make
them better qualified to establish guidelines beneficial to and
protective of their children. The legislature further finds that
it is the right and responsibility of adults to establish laws for
the benefit and protection of the society; and that, in the same
manner, the right and responsibility for establishing reasonable guidelines for the family unit belongs to the adults
within that unit. Further, absent abuse or neglect, parents
have the right to exercise control over their children. The legislature reaffirms its position stated in RCW 13.34.020 that
the family unit is the fundamental resource of American life
which should be nurtured and that it should remain intact in
the absence of compelling evidence to the contrary.
The legislature recognizes there is a need for services
and assistance for parents and children who are in conflict.
These conflicts are manifested by children who exhibit various behaviors including: Running away, substance abuse,
serious acting out problems, mental health needs, and other
behaviors that endanger themselves or others.
The legislature finds many parents do not know their
rights regarding their adolescent children and law enforcement. Parents and courts feel they have insufficient legal
recourse for the chronic runaway child who is endangering
himself or herself through his or her behavior. The legislature
further recognizes that for chronic runaways whose behavior
puts them in serious danger of harming themselves or others,
secure facilities must be provided to allow opportunities for
assessment, treatment, and to assist parents and protect their
children. The legislature intends to give tools to parents,
courts, and law enforcement to keep families together and
reunite them whenever possible.
The legislature recognizes that some children run away
to protect themselves from abuse or neglect in their homes.
Abused and neglected children should be dealt with pursuant
13.32A.010
[Title 13 RCW—page 18]
to chapter 13.34 RCW and it is not the intent of the legislature
to handle dependency matters under this chapter.
The legislature intends services offered under this chapter be on a voluntary basis whenever possible to children and
their families and that the courts be used as a last resort.
The legislature intends to increase the safety of children
through the preservation of families and the provision of
assessment, treatment, and placement services for children in
need of services and at-risk youth including services and
assessments conducted under chapter 13.32A RCW and
RCW 74.13.033. Within available funds, the legislature
intends to provide these services through crisis residential
centers in which children and youth may safely reside for a
limited period of time. The time in residence shall be used to
conduct an assessment of the needs of the children, youth,
and their families. The assessments are necessary to identify
appropriate services and placement options that will reduce
the likelihood that children will place themselves in dangerous or life-threatening situations.
The legislature recognizes that crisis residential centers
provide an opportunity for children to receive short-term necessary support and nurturing in cases where there may be
abuse or neglect. The legislature intends that center staff provide an atmosphere of concern, care, and respect for children
in the center and their parents.
The legislature intends to provide for the protection of
children who, through their behavior, are endangering themselves. The legislature intends to provide appropriate residential services, including secure facilities, to protect, stabilize,
and treat children with serious problems. The legislature further intends to empower parents by providing them with the
assistance they require to raise their children. [2000 c 123 §
1; 1995 c 312 § 1; 1979 c 155 § 15.]
Additional notes found at www.leg.wa.gov
13.32A.015
13.32A.015 At-risk youth services—Intent. It is the
intent of the legislature to:
(1) Preserve, strengthen, and reconcile families experiencing problems with at-risk youth;
(2) Provide a legal process by which parents who are
experiencing problems with at-risk youth can request and
receive assistance from juvenile courts in providing appropriate care, treatment, and supervision to such youth; and
(3) Assess the effectiveness of the family reconciliation
services program.
The legislature does not intend by this enactment to grant
any parent the right to file an at-risk youth petition or receive
juvenile court assistance in dealing with an at-risk youth. The
purpose of chapter 276, Laws of 1990 is to create a process
by which a parent of an at-risk youth may request and receive
assistance subject to the availability of juvenile court services
and resources. Recognizing that these services and resources
are limited, the legislature intends that counties have the
authority to impose reasonable limits on the utilization of
juvenile court services and resources in matters related to atrisk youth. Any responsibilities imposed upon the department
under chapter 276, Laws of 1990 shall be contingent upon the
availability of funds specifically appropriated by the legislature for such purpose. [1990 c 276 § 1.]
(2010 Ed.)
Family Reconciliation Act
13.32A.020 Short title. This chapter shall be known
and may be cited as the family reconciliation act. [1990 c 276
§ 2; 1979 c 155 § 16.]
13.32A.020
Additional notes found at www.leg.wa.gov
13.32A.030 Definitions—Regulating leave from
semi-secure facility. (Effective until July 1, 2011.) As used
in this chapter the following terms have the meanings indicated unless the context clearly requires otherwise:
(1) "Abuse or neglect" means the injury, sexual abuse,
sexual exploitation, negligent treatment, or maltreatment of a
child by any person under circumstances which indicate that
the child’s health, welfare, and safety is harmed, excluding
conduct permitted under RCW 9A.16.100. An abused child is
a child who has been subjected to child abuse or neglect as
defined in this section.
(2) "Administrator" means the individual who has the
daily administrative responsibility of a crisis residential center, or his or her designee.
(3) "At-risk youth" means a juvenile:
(a) Who is absent from home for at least seventy-two
consecutive hours without consent of his or her parent;
(b) Who is beyond the control of his or her parent such
that the child’s behavior endangers the health, safety, or welfare of the child or any other person; or
(c) Who has a substance abuse problem for which there
are no pending criminal charges related to the substance
abuse.
(4) "Child," "juvenile," and "youth" mean any unemancipated individual who is under the chronological age of eighteen years.
(5) "Child in need of services" means a juvenile:
(a) Who is beyond the control of his or her parent such
that the child’s behavior endangers the health, safety, or welfare of the child or other person;
(b) Who has been reported to law enforcement as absent
without consent for at least twenty-four consecutive hours on
two or more separate occasions from the home of either parent, a crisis residential center, an out-of-home placement, or
a court-ordered placement; and
(i) Has exhibited a serious substance abuse problem; or
(ii) Has exhibited behaviors that create a serious risk of
harm to the health, safety, or welfare of the child or any other
person; or
(c)(i) Who is in need of: (A) Necessary services, including food, shelter, health care, clothing, or education; or (B)
services designed to maintain or reunite the family;
(ii) Who lacks access to, or has declined to utilize, these
services; and
(iii) Whose parents have evidenced continuing but
unsuccessful efforts to maintain the family structure or are
unable or unwilling to continue efforts to maintain the family
structure.
(6) "Child in need of services petition" means a petition
filed in juvenile court by a parent, child, or the department
seeking adjudication of placement of the child.
(7) "Crisis residential center" means a secure or semisecure facility established pursuant to chapter 74.13 RCW.
(8) "Custodian" means the person or entity who has the
legal right to the custody of the child.
13.32A.030
(2010 Ed.)
13.32A.030
(9) "Department" means the department of social and
health services.
(10) "Extended family member" means an adult who is a
grandparent, brother, sister, stepbrother, stepsister, uncle,
aunt, or first cousin with whom the child has a relationship
and is comfortable, and who is willing and available to care
for the child.
(11) "Guardian" means that person or agency that (a) has
been appointed as the guardian of a child in a legal proceeding other than a proceeding under chapter 13.34 RCW, and
(b) has the right to legal custody of the child pursuant to such
appointment. The term "guardian" does not include a "dependency guardian" appointed pursuant to a proceeding under
chapter 13.34 RCW.
(12) "Multidisciplinary team" means a group formed to
provide assistance and support to a child who is an at-risk
youth or a child in need of services and his or her parent. The
team shall include the parent, a department case worker, a
local government representative when authorized by the local
government, and when appropriate, members from the mental health and substance abuse disciplines. The team may also
include, but is not limited to, the following persons: Educators, law enforcement personnel, probation officers, employers, church persons, tribal members, therapists, medical personnel, social service providers, placement providers, and
extended family members. The team members shall be volunteers who do not receive compensation while acting in a
capacity as a team member, unless the member’s employer
chooses to provide compensation or the member is a state
employee.
(13) "Out-of-home placement" means a placement in a
foster family home or group care facility licensed pursuant to
chapter 74.15 RCW or placement in a home, other than that
of the child’s parent, guardian, or legal custodian, not
required to be licensed pursuant to chapter 74.15 RCW.
(14) "Parent" means the parent or parents who have the
legal right to custody of the child. "Parent" includes custodian or guardian.
(15) "Secure facility" means a crisis residential center, or
portion thereof, that has locking doors, locking windows, or a
secured perimeter, designed and operated to prevent a child
from leaving without permission of the facility staff.
(16) "Semi-secure facility" means any facility, including
but not limited to crisis residential centers or specialized foster family homes, operated in a manner to reasonably assure
that youth placed there will not run away. Pursuant to rules
established by the department, the facility administrator shall
establish reasonable hours for residents to come and go from
the facility such that no residents are free to come and go at
all hours of the day and night. To prevent residents from taking unreasonable actions, the facility administrator, where
appropriate, may condition a resident’s leaving the facility
upon the resident being accompanied by the administrator or
the administrator’s designee and the resident may be required
to notify the administrator or the administrator’s designee of
any intent to leave, his or her intended destination, and the
probable time of his or her return to the center.
(17) "Staff secure facility" means a structured group care
facility licensed under rules adopted by the department with a
ratio of at least one adult staff member to every two children.
[Title 13 RCW—page 19]
13.32A.030
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(18) "Temporary out-of-home placement" means an outof-home placement of not more than fourteen days ordered
by the court at a fact-finding hearing on a child in need of services petition. [2000 c 123 § 2; 1997 c 146 § 1; 1996 c 133 §
9; 1995 c 312 § 3; 1990 c 276 § 3; 1985 c 257 § 6; 1979 c 155
§ 17.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Intent—1990 c 276: See RCW 13.32A.015.
Additional notes found at www.leg.wa.gov
13.32A.030 Definitions—Regulating leave from
semi-secure facility. (Effective July 1, 2011.) As used in
this chapter the following terms have the meanings indicated
unless the context clearly requires otherwise:
(1) "Abuse or neglect" means the injury, sexual abuse,
sexual exploitation, negligent treatment, or maltreatment of a
child by any person under circumstances which indicate that
the child’s health, welfare, and safety is harmed, excluding
conduct permitted under RCW 9A.16.100. An abused child
is a child who has been subjected to child abuse or neglect as
defined in this section.
(2) "Administrator" means the individual who has the
daily administrative responsibility of a crisis residential center, or his or her designee.
(3) "At-risk youth" means a juvenile:
(a) Who is absent from home for at least seventy-two
consecutive hours without consent of his or her parent;
(b) Who is beyond the control of his or her parent such
that the child’s behavior endangers the health, safety, or welfare of the child or any other person; or
(c) Who has a substance abuse problem for which there
are no pending criminal charges related to the substance
abuse.
(4) "Child," "juvenile," and "youth" mean any unemancipated individual who is under the chronological age of eighteen years.
(5) "Child in need of services" means a juvenile:
(a) Who is beyond the control of his or her parent such
that the child’s behavior endangers the health, safety, or welfare of the child or other person;
(b) Who has been reported to law enforcement as absent
without consent for at least twenty-four consecutive hours on
two or more separate occasions from the home of either parent, a crisis residential center, an out-of-home placement, or
a court-ordered placement; and
(i) Has exhibited a serious substance abuse problem; or
(ii) Has exhibited behaviors that create a serious risk of
harm to the health, safety, or welfare of the child or any other
person;
(c)(i) Who is in need of: (A) Necessary services, including food, shelter, health care, clothing, or education; or (B)
services designed to maintain or reunite the family;
(ii) Who lacks access to, or has declined to utilize, these
services; and
(iii) Whose parents have evidenced continuing but
unsuccessful efforts to maintain the family structure or are
unable or unwilling to continue efforts to maintain the family
structure; or
(d) Who is a "sexually exploited child".
13.32A.030
[Title 13 RCW—page 20]
(6) "Child in need of services petition" means a petition
filed in juvenile court by a parent, child, or the department
seeking adjudication of placement of the child.
(7) "Crisis residential center" means a secure or semisecure facility established pursuant to chapter 74.13 RCW.
(8) "Custodian" means the person or entity who has the
legal right to the custody of the child.
(9) "Department" means the department of social and
health services.
(10) "Extended family member" means an adult who is a
grandparent, brother, sister, stepbrother, stepsister, uncle,
aunt, or first cousin with whom the child has a relationship
and is comfortable, and who is willing and available to care
for the child.
(11) "Guardian" means that person or agency that (a) has
been appointed as the guardian of a child in a legal proceeding other than a proceeding under chapter 13.34 RCW, and
(b) has the right to legal custody of the child pursuant to such
appointment. The term "guardian" does not include a
"dependency guardian" appointed pursuant to a proceeding
under chapter 13.34 RCW.
(12) "Multidisciplinary team" means a group formed to
provide assistance and support to a child who is an at-risk
youth or a child in need of services and his or her parent. The
team shall include the parent, a department case worker, a
local government representative when authorized by the local
government, and when appropriate, members from the mental health and substance abuse disciplines. The team may
also include, but is not limited to, the following persons:
Educators, law enforcement personnel, probation officers,
employers, church persons, tribal members, therapists, medical personnel, social service providers, placement providers,
and extended family members. The team members shall be
volunteers who do not receive compensation while acting in
a capacity as a team member, unless the member’s employer
chooses to provide compensation or the member is a state
employee.
(13) "Out-of-home placement" means a placement in a
foster family home or group care facility licensed pursuant to
chapter 74.15 RCW or placement in a home, other than that
of the child’s parent, guardian, or legal custodian, not
required to be licensed pursuant to chapter 74.15 RCW.
(14) "Parent" means the parent or parents who have the
legal right to custody of the child. "Parent" includes custodian or guardian.
(15) "Secure facility" means a crisis residential center, or
portion thereof, that has locking doors, locking windows, or a
secured perimeter, designed and operated to prevent a child
from leaving without permission of the facility staff.
(16) "Semi-secure facility" means any facility, including
but not limited to crisis residential centers or specialized foster family homes, operated in a manner to reasonably assure
that youth placed there will not run away. Pursuant to rules
established by the department, the facility administrator shall
establish reasonable hours for residents to come and go from
the facility such that no residents are free to come and go at
all hours of the day and night. To prevent residents from taking unreasonable actions, the facility administrator, where
appropriate, may condition a resident’s leaving the facility
upon the resident being accompanied by the administrator or
the administrator’s designee and the resident may be required
(2010 Ed.)
Family Reconciliation Act
to notify the administrator or the administrator’s designee of
any intent to leave, his or her intended destination, and the
probable time of his or her return to the center.
(17) "Sexually exploited child" means any person under
the age of eighteen who is a victim of the crime of commercial sex abuse of a minor under RCW 9.68A.100, promoting
commercial sexual abuse of a minor under RCW 9.68A.101,
or promoting travel for commercial sexual abuse of a minor
under RCW 9.68A.102.
(18) "Staff secure facility" means a structured group care
facility licensed under rules adopted by the department with a
ratio of at least one adult staff member to every two children.
(19) "Temporary out-of-home placement" means an outof-home placement of not more than fourteen days ordered
by the court at a fact-finding hearing on a child in need of services petition. [2010 c 289 § 1; 2000 c 123 § 2; 1997 c 146 §
1; 1996 c 133 § 9; 1995 c 312 § 3; 1990 c 276 § 3; 1985 c 257
§ 6; 1979 c 155 § 17.]
Effective date—2010 c 289: "Section 1 of this act takes effect July 1,
2011." [2010 c 289 § 2.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Intent—1990 c 276: See RCW 13.32A.015.
Additional notes found at www.leg.wa.gov
13.32A.040 Family reconciliation services. Families
who are in conflict or who are experiencing problems with atrisk youth or a child who may be in need of services may
request family reconciliation services from the department.
The department may involve a local multidisciplinary team in
its response in determining the services to be provided and in
providing those services. Such services shall be provided to
alleviate personal or family situations which present a serious
and imminent threat to the health or stability of the child or
family and to maintain families intact wherever possible.
Family reconciliation services shall be designed to develop
skills and supports within families to resolve problems
related to at-risk youth, children in need of services, or family
conflicts. These services may include but are not limited to
referral to services for suicide prevention, psychiatric or other
medical care, or psychological, mental health, drug or alcohol
treatment, welfare, legal, educational, or other social services, as appropriate to the needs of the child and the family,
and training in parenting, conflict management, and dispute
resolution skills. [2000 c 123 § 3; 1995 c 312 § 5; 1994 c 304
§ 3; 1990 c 276 § 4; 1981 c 298 § 1; 1979 c 155 § 18.]
13.32A.040
Intent—1990 c 276: See RCW 13.32A.015.
Additional notes found at www.leg.wa.gov
13.32A.044
(c) A parent may disband a team twenty-four hours,
excluding weekends and holidays, after receiving notice of
formation of the team under (b) of this subsection unless a
petition has been filed under RCW 13.32A.140. If a petition
has been filed the parent may not disband the team until the
hearing is held under RCW 13.32A.179. The court may allow
the team to continue if an out-of-home placement is ordered
under RCW 13.32A.179(3). Upon the filing of an at-risk
youth or dependency petition the team shall cease to exist,
unless the parent requests continuation of the team or unless
the out-of-home placement was ordered under RCW
13.32A.179(3).
(2) The secretary shall request participation of appropriate state agencies to assist in the coordination and delivery of
services through the multidisciplinary teams. Those agencies
that agree to participate shall provide the secretary all information necessary to facilitate forming a multidisciplinary
team and the secretary shall provide this information to the
administrator of each crisis residential center.
(3) The secretary shall designate within each region a
department employee who shall have responsibility for coordination of the state response to a request for creation of a
multidisciplinary team. The secretary shall advise the administrator of each crisis residential center of the name of the
appropriate employee. Upon a request of the administrator to
form a multidisciplinary team the employee shall provide a
list of the agencies that have agreed to participate in the multidisciplinary team.
(4) The administrator shall also seek participation from
representatives of mental health and drug and alcohol treatment providers as appropriate.
(5) A parent shall be advised of the request to form a
multidisciplinary team and may select additional members of
the multidisciplinary team. The parent or child may request
any person or persons to participate including, but not limited
to, educators, law enforcement personnel, court personnel,
family therapists, licensed health care practitioners, social
service providers, youth residential placement providers,
other family members, church representatives, and members
of their own community. The administrator shall assist in
obtaining the prompt participation of persons requested by
the parent or child.
(6) When an administrator of a crisis residential center
requests the formation of a team, the state agencies must
respond as soon as possible. [2000 c 123 § 4; 1995 c 312 §
13.]
Additional notes found at www.leg.wa.gov
13.32A.044
13.32A.042 Multidisciplinary team—Formation.
(1)(a) The administrator of a crisis residential center may
convene a multidisciplinary team, which is to be locally
based and administered, at the request of a child placed at the
center or the child’s parent.
(b) If the administrator has reasonable cause to believe
that a child is a child in need of services and the parent is
unavailable or unwilling to continue efforts to maintain the
family structure, the administrator shall immediately convene
a multidisciplinary team.
13.32A.042
(2010 Ed.)
13.32A.044 Multidisciplinary team—Purpose—
Authority. (1) The purpose of the multidisciplinary team is
to assist in a coordinated referral of the family to available
social and health-related services.
(2) The team shall have the authority to evaluate the
juvenile, and family members, if appropriate and agreed to by
the parent, and shall:
(a) With parental input, develop a plan of appropriate
available services and assist the family in obtaining those services;
[Title 13 RCW—page 21]
13.32A.050
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(b) Make a referral to the designated chemical dependency specialist or the county designated mental health professional, if appropriate;
(c) Recommend no further intervention because the
juvenile and his or her family have resolved the problem
causing the family conflict; or
(d) With the parent’s consent, work with them to achieve
reconciliation of the child and family.
(3) At the first meeting of the multidisciplinary team, it
shall choose a member to coordinate the team’s efforts. The
parent member of the multidisciplinary team must agree with
the choice of coordinator. The team shall meet or communicate as often as necessary to assist the family.
(4) The coordinator of the multidisciplinary team may
assist in filing a child in need of services petition when
requested by the parent or child or an at-risk youth petition
when requested by the parent. The multidisciplinary team
shall have no standing as a party in any action under this title.
(5) If the administrator is unable to contact the child’s
parent, the multidisciplinary team may be used for assistance.
If the parent has not been contacted within five days the
administrator shall contact the department and request the
case be reviewed for a dependency filing under chapter 13.34
RCW. [2000 c 123 § 5; 1995 c 312 § 14.]
Additional notes found at www.leg.wa.gov
13.32A.050 Officer taking child into custody—When
authorized—Maximum time of custody—Transporting
to crisis residential center—Report on suspected abuse or
neglect. (1) A law enforcement officer shall take a child into
custody:
(a) If a law enforcement agency has been contacted by
the parent of the child that the child is absent from parental
custody without consent; or
(b) If a law enforcement officer reasonably believes,
considering the child’s age, the location, and the time of day,
that a child is in circumstances which constitute a danger to
the child’s safety or that a child is violating a local curfew
ordinance; or
(c) If an agency legally charged with the supervision of a
child has notified a law enforcement agency that the child has
run away from placement; or
(d) If a law enforcement agency has been notified by the
juvenile court that the court finds probable cause exists to
believe that the child has violated a court placement order
issued under this chapter or chapter 13.34 RCW or that the
court has issued an order for law enforcement pick-up of the
child under this chapter or chapter 13.34 RCW.
(2) Law enforcement custody shall not extend beyond
the amount of time reasonably necessary to transport the
child to a destination authorized by law and to place the child
at that destination. Law enforcement custody continues until
the law enforcement officer transfers custody to a person,
agency, or other authorized entity under this chapter, or
releases the child because no placement is available. Transfer
of custody is not complete unless the person, agency, or
entity to whom the child is released agrees to accept custody.
(3) If a law enforcement officer takes a child into custody pursuant to either subsection (1)(a) or (b) of this section
and transports the child to a crisis residential center, the
13.32A.050
[Title 13 RCW—page 22]
officer shall, within twenty-four hours of delivering the child
to the center, provide to the center a written report detailing
the reasons the officer took the child into custody. The center
shall provide the department with a copy of the officer’s
report.
(4) If the law enforcement officer who initially takes the
juvenile into custody or the staff of the crisis residential center have reasonable cause to believe that the child is absent
from home because he or she is abused or neglected, a report
shall be made immediately to the department.
(5) Nothing in this section affects the authority of any
political subdivision to make regulations concerning the conduct of minors in public places by ordinance or other local
law.
(6) If a law enforcement officer has a reasonable suspicion that a child is being unlawfully harbored in violation of
RCW 13.32A.080, the officer shall remove the child from the
custody of the person harboring the child and shall transport
the child to one of the locations specified in RCW
13.32A.060.
(7) No child may be placed in a secure facility except as
provided in this chapter. [2000 c 123 § 6; 1997 c 146 § 2;
1996 c 133 § 10; 1995 c 312 § 6; 1994 sp.s. c 7 § 505; 1990 c
276 § 5; 1986 c 288 § 1; 1985 c 257 § 7; 1981 c 298 § 2; 1979
c 155 § 19.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Intent—1990 c 276: See RCW 13.32A.015.
Additional notes found at www.leg.wa.gov
13.32A.060 Officer taking child into custody—Procedure—Transporting to home, crisis residential center,
custody of department, or juvenile detention facility. (1)
An officer taking a child into custody under RCW
13.32A.050(1) (a) or (b) shall inform the child of the reason
for such custody and shall:
(a) Transport the child to his or her home or to a parent at
his or her place of employment, if no parent is at home. The
parent may request that the officer take the child to the home
of an adult extended family member, responsible adult, crisis
residential center, the department, or a licensed youth shelter.
In responding to the request of the parent, the officer shall
take the child to a requested place which, in the officer’s
belief, is within a reasonable distance of the parent’s home.
The officer releasing a child into the custody of a parent, an
adult extended family member, responsible adult, or a
licensed youth shelter shall inform the person receiving the
child of the reason for taking the child into custody and
inform all parties of the nature and location of appropriate
services available in the community; or
(b) After attempting to notify the parent, take the child to
a designated crisis residential center’s secure facility or a center’s semi-secure facility if a secure facility is full, not available, or not located within a reasonable distance if:
(i) The child expresses fear or distress at the prospect of
being returned to his or her home which leads the officer to
believe there is a possibility that the child is experiencing
some type of abuse or neglect;
13.32A.060
(2010 Ed.)
Family Reconciliation Act
(ii) It is not practical to transport the child to his or her
home or place of the parent’s employment; or
(iii) There is no parent available to accept custody of the
child; or
(c) After attempting to notify the parent, if a crisis residential center is full, not available, or not located within a
reasonable distance, request the department to accept custody
of the child. If the department determines that an appropriate
placement is currently available, the department shall accept
custody and place the child in an out-of-home placement.
Upon accepting custody of a child from the officer, the
department may place the child in an out-of-home placement
for up to seventy-two hours, excluding Saturdays, Sundays,
and holidays, without filing a child in need of services petition, obtaining parental consent, or obtaining an order for
placement under chapter 13.34 RCW. Upon transferring a
child to the department’s custody, the officer shall provide
written documentation of the reasons and the statutory basis
for taking the child into custody. If the department declines to
accept custody of the child, the officer may release the child
after attempting to take the child to the following, in the order
listed: The home of an adult extended family member; a
responsible adult; or a licensed youth shelter. The officer
shall immediately notify the department if no placement
option is available and the child is released.
(2) An officer taking a child into custody under RCW
13.32A.050(1) (c) or (d) shall inform the child of the reason
for custody. An officer taking a child into custody under
RCW 13.32A.050(1)(c) may release the child to the supervising agency, or shall take the child to a designated crisis residential center’s secure facility. If the secure facility is not
available, not located within a reasonable distance, or full, the
officer shall take the child to a semi-secure crisis residential
center. An officer taking a child into custody under RCW
13.32A.050(1)(d) may place the child in a juvenile detention
facility as provided in RCW 13.32A.065 or a secure facility,
except that the child shall be taken to detention whenever the
officer has been notified that a juvenile court has entered a
detention order under this chapter or chapter 13.34 RCW.
(3) Every officer taking a child into custody shall provide the child and his or her parent or parents or responsible
adult with a copy of the statement specified in RCW
13.32A.130(6).
(4) Whenever an officer transfers custody of a child to a
crisis residential center or the department, the child may
reside in the crisis residential center or may be placed by the
department in an out-of-home placement for an aggregate
total period of time not to exceed seventy-two hours excluding Saturdays, Sundays, and holidays. Thereafter, the child
may continue in out-of-home placement only if the parents
have consented, a child in need of services petition has been
filed, or an order for placement has been entered under chapter 13.34 RCW.
(5) The department shall ensure that all law enforcement
authorities are informed on a regular basis as to the location
of all designated secure and semi-secure facilities within centers in their jurisdiction, where children taken into custody
under RCW 13.32A.050 may be taken. [2000 c 162 § 11;
2000 c 162 § 1; 2000 c 123 § 7; 1997 c 146 § 3; 1996 c 133 §
11; 1995 c 312 § 7; 1994 sp.s. c 7 § 506; 1985 c 257 § 8; 1981
c 298 § 3; 1979 c 155 § 20.]
(2010 Ed.)
13.32A.070
Reviser’s note: This section was amended by 2000 c 123 § 7 and by
2000 c 162 § 11, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2000 c 162 §§ 11-17: "Sections 11 through 17 of this
act take effect July 1, 2002." [2000 c 162 § 21.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
13.32A.065
13.32A.065 Officer taking child into custody—Placing in detention—Detention review hearing—Hearing on contempt (as amended by
2000 c 123). (1) ((A child may be placed in detention after being taken into
custody pursuant to RCW 13.32A.050(1)(d).)) If a child is placed in detention under RCW 13.32A.050(1)(d), the court shall hold a detention review
hearing within twenty-four hours, excluding Saturdays, Sundays, and holidays. The court shall release the child after twenty-four hours, excluding Saturdays, Sundays, and holidays, unless:
(a) A motion and order to show why the child should not be held in
contempt has been filed and served on the child at or before the detention
hearing; and
(b) The court believes that the child would not appear at a hearing on
contempt.
(2) If the court orders the child to remain in detention, the court shall
set the matter for a hearing on contempt within seventy-two hours, excluding
Saturdays, Sundays, and holidays. [2000 c 123 § 8; 1996 c 133 § 12; 1981 c
298 § 4.]
13.32A.065
13.32A.065 Officer taking child into custody—Placing in detention—Detention review hearing—Hearing on contempt (as amended by
2000 c 162). (1) A child may be placed in ((either (a) a secure facility that is
a separate, secure section of a juvenile detention facility; or (b))) detention
after being taken into custody pursuant to RCW 13.32A.050(1)(d). ((In no
case may a child in contempt be confined in a secure facility that is freestanding outside a juvenile detention facility.)) The court shall hold a detention
review hearing within twenty-four hours, excluding Saturdays, Sundays, and
holidays. The court shall release the child after twenty-four hours, excluding
Saturdays, Sundays, and holidays, unless:
(a) A motion and order to show why the child should not be held in
contempt has been filed and served on the child at or before the detention
hearing; and
(b) The court believes that the child would not appear at a hearing on
contempt.
(2) If the court ((finds that the conditions in subsection (1)(a) and (b) of
this section have been met)) orders the child to remain in detention, the court
((may order the child to remain confined either in (a) a secure facility that is
a separate, secure section of a juvenile detention facility; or (b) detention,
and)) shall set the matter for a hearing on contempt within seventy-two
hours, excluding Saturdays, Sundays, and holidays. ((In no case may a child
in contempt be confined in a secure facility that is freestanding outside a
juvenile detention facility.)) [2000 c 162 § 12; 2000 c 162 § 2; 1996 c 133 §
12; 1981 c 298 § 4.]
Reviser’s note: RCW 13.32A.065 was amended by 2000 c 123 § 8
without cognizance of its amendment by 2000 c 162 §§ 2 and 12. For rule of
construction concerning sections amended more than once during the same
legislative session, see RCW 1.12.025.
Effective date—2000 c 162 §§ 11-17: See note following RCW
13.32A.060.
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Additional notes found at www.leg.wa.gov
13.32A.070 Immunity from liability for law enforcement officer and person with whom child is placed. (1) A
law enforcement officer acting in good faith pursuant to this
chapter is immune from civil or criminal liability for such
action.
13.32A.070
[Title 13 RCW—page 23]
13.32A.080
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(2) A person with whom a child is placed pursuant to this
chapter and who acts reasonably and in good faith is immune
from civil or criminal liability for the act of receiving the
child. The immunity does not release the person from liability
under any other law. [1996 c 133 § 13; 1995 c 312 § 8; 1986
c 288 § 2; 1981 c 298 § 5; 1979 c 155 § 21.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Additional notes found at www.leg.wa.gov
13.32A.080 Unlawful harboring of a minor—Penalty—Defense—Prosecution of adult for involving child
in commission of offense. (1)(a) A person commits the
crime of unlawful harboring of a minor if the person provides
shelter to a minor without the consent of a parent of the minor
and after the person knows that the minor is away from the
home of the parent, without the parent’s permission, and if
the person intentionally:
(i) Fails to release the minor to a law enforcement officer
after being requested to do so by the officer; or
(ii) Fails to disclose the location of the minor to a law
enforcement officer after being requested to do so by the
officer, if the person knows the location of the minor and had
either taken the minor to that location or had assisted the
minor in reaching that location; or
(iii) Obstructs a law enforcement officer from taking the
minor into custody; or
(iv) Assists the minor in avoiding or attempting to avoid
the custody of the law enforcement officer.
(b) It is a defense to a prosecution under this section that
the defendant had custody of the minor pursuant to a court
order.
(2) Unlawful harboring of a minor is punishable as a
gross misdemeanor.
(3) Any person who provides shelter to a child, absent
from home, may notify the department’s local community
service office of the child’s presence.
(4) An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:
(a) Distribution of a controlled substance to a minor, as
defined in RCW 69.50.406;
(b) Promoting prostitution as defined in chapter 9A.88
RCW; and
(c) Complicity of the adult in the crime of a minor, under
RCW 9A.08.020. [2000 c 123 § 9; 1994 sp.s. c 7 § 507; 1981
c 298 § 6; 1979 c 155 § 22.]
13.32A.080
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
13.32A.082 Providing shelter to minor—Requirement to notify parent, law enforcement, or department.
(Expires July 1, 2012.) (1)(a) Except as provided in (b) of
this subsection, any person, including unlicensed youth shelters or runaway and homeless youth programs, who, without
legal authorization, provides shelter to a minor and who
knows at the time of providing the shelter that the minor is
away from the parent’s home without the permission of the
parent, or other lawfully prescribed residence, shall promptly
report the location of the child to the parent, the law enforce13.32A.082
[Title 13 RCW—page 24]
ment agency of the jurisdiction in which the person lives, or
the department.
(b)(i) If a licensed overnight youth shelter, or another
licensed organization whose stated mission is to provide services to homeless or runaway youth and their families, provides shelter to a minor and knows at the time of providing
the shelter that the minor is away from a lawfully prescribed
residence or home without parental permission, it shall contact the youth’s parent, preferably within twenty-four hours
but within no more than seventy-two hours following the
time that the youth is admitted to the shelter or other licensed
organization’s program. The notification must include the
whereabouts of the youth, a description of the youth’s physical and emotional condition, and the circumstances surrounding the youth’s contact with the shelter or organization. If
there are compelling reasons not to notify the parent, the shelter or organization shall instead notify the department.
(ii) At least once every eight hours after learning that a
youth receiving services or shelter under this section is away
from home without permission, the shelter or organization
staff must consult the information that the Washington state
patrol makes publicly available under RCW 43.43.510(2). If
the youth is publicly listed as missing, the shelter or organization shall immediately notify the department of its contact
with the youth listed as missing. The notification must
include a description of the youth’s physical and emotional
condition and the circumstances surrounding the youth’s contact with the shelter or organization.
(c) Reports required under this section may be made by
telephone or any other reasonable means.
(2) Unless the context clearly requires otherwise, the
definitions in this subsection apply throughout this section.
(a) "Shelter" means the person’s home or any structure
over which the person has any control.
(b) "Promptly report" means to report within eight hours
after the person has knowledge that the minor is away from a
lawfully prescribed residence or home without parental permission.
(c) "Compelling reasons" include, but are not limited to,
circumstances that indicate that notifying the parent or legal
guardian will subject the child to abuse or neglect as defined
in chapter 26.44 RCW.
(3) When the department receives a report under subsection (1) of this section, it shall make a good faith attempt to
notify the parent that a report has been received and offer services designed to resolve the conflict and accomplish a reunification of the family.
(4) Nothing in this section prohibits any person from
immediately reporting the identity and location of any minor
who is away from a lawfully prescribed residence or home
without parental permission more promptly than required
under this section.
(5) This section expires July 1, 2012. [2010 c 229 § 2;
2000 c 123 § 10; 1996 c 133 § 14; 1995 c 312 § 34.]
Findings—2010 c 229: "The legislature finds that youth services provide safety to youth on the streets and are a critical pathway to ensuring the
youth’s return home. Runaway youth are without protection, live under the
threat of violence, and fall victim to predators who exploit their vulnerability. The policy of this state is to provide assistance to youth in crisis and to
protect and preserve families. In order to effectively serve youth on the
streets and promote their safe return home, shelters must have the time to
establish and maintain an environment that facilitates open communication
(2010 Ed.)
Family Reconciliation Act
and trust.
The legislature also finds that parents of runaway youth have an interest in knowing their sons and daughters are safe in a shelter, rather than on
the streets without protection. The legislature further finds that law enforcement and the department can notify a parent that the youth is safe, without
disclosing the youth’s location or compromising the ability of youth services
providers to effectively assist youth in crisis." [2010 c 229 § 1.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Additional notes found at www.leg.wa.gov
13.32A.084 Providing shelter to minor—Immunity
from liability. If a person provides the notice required in
RCW 13.32A.082, he or she is immune from liability for any
cause of action arising from providing shelter to the child.
The immunity shall not extend to acts of intentional misconduct or gross negligence by the person providing the shelter.
[1995 c 312 § 36.]
13.32A.084
Additional notes found at www.leg.wa.gov
13.32A.085 Unlicensed youth shelter or unlicensed
runaway and homeless youth program—Private right of
action or claim. A private right of action or claim on the part
of a parent is created against an unlicensed youth shelter or
unlicensed runaway and homeless youth program who fails
to meet the notification requirements in RCW
13.32A.082(1)(a). [2010 c 229 § 3.]
13.32A.085
Findings—2010 c 229: See note following RCW 13.32A.082.
13.32A.086 Duty of law enforcement agencies to
identify runaway children under RCW 43.43.510. Whenever a law enforcement agency receives a report from a parent that his or her child, or child over whom the parent has
custody, has without permission of the parent left the home or
residence lawfully prescribed for the child under circumstances where the parent believes that the child has run away
from the home or the residence, the agency shall provide for
placing information identifying the child in files under RCW
43.43.510. [1995 c 312 § 37.]
13.32A.086
Additional notes found at www.leg.wa.gov
13.32A.090 Duty to inform parents—Transportation
to child’s home or out-of-home placement—Notice to
department. (1) The administrator of a designated crisis residential center or the department shall perform the duties
under subsection (3) of this section:
(a) Upon admitting a child who has been brought to the
center by a law enforcement officer under RCW 13.32A.060;
(b) Upon admitting a child who has run away from home
or has requested admittance to the center;
(c) Upon learning from a person under RCW 13.32A.082
that the person is providing shelter to a child absent from
home; or
(d) Upon learning that a child has been placed with a
responsible adult pursuant to RCW 13.32A.060.
(2) Transportation expenses of the child shall be at the
parent’s expense to the extent of his or her ability to pay, with
any unmet transportation expenses assumed by the department.
(3) When any of the circumstances under subsection (1)
of this section are present, the administrator of a center or the
department shall perform the following duties:
13.32A.090
(2010 Ed.)
13.32A.110
(a) Immediately notify the child’s parent of the child’s
whereabouts, physical and emotional condition, and the circumstances surrounding his or her placement;
(b) Initially notify the parent that it is the paramount concern of the family reconciliation service personnel to achieve
a reconciliation between the parent and child to reunify the
family and inform the parent as to the procedures to be followed under this chapter;
(c) Inform the parent whether a referral to children’s protective services has been made and, if so, inform the parent of
the standard pursuant to *RCW 26.44.020(12) governing
child abuse and neglect in this state; and either
(d)(i) Arrange transportation for the child to the residence of the parent, as soon as practicable, when the child
and his or her parent agrees to the child’s return home or
when the parent produces a copy of a court order entered
under this chapter requiring the child to reside in the parent’s
home; or
(ii) Arrange transportation for the child to: (i) [(A)] An
out-of-home placement which may include a licensed group
care facility or foster family when agreed to by the child and
parent; or (ii) [(B)] a certified or licensed mental health or
chemical dependency program of the parent’s choice.
(4) If the administrator of the crisis residential center
performs the duties listed in subsection (3) of this section, he
or she shall also notify the department that a child has been
admitted to the crisis residential center. [2000 c 123 § 11;
1996 c 133 § 7; 1995 c 312 § 10; 1990 c 276 § 6; 1981 c 298
§ 7; 1979 c 155 § 23.]
*Reviser’s note: RCW 26.44.020 was amended by 2007 c 220 § 1,
changing subsection (12) to subsection (1), effective October 1, 2008.
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Intent—1990 c 276: See RCW 13.32A.015.
Additional notes found at www.leg.wa.gov
13.32A.095 Unauthorized leave from crisis residential center—Notice to parents, law enforcement, and the
department. The administrator of a crisis residential center
shall notify parents, the appropriate law enforcement agency,
and the department immediately as to any unauthorized leave
from the center by a child placed at the center. [2000 c 123 §
12; 1996 c 133 § 15; 1995 c 312 § 21.]
13.32A.095
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Additional notes found at www.leg.wa.gov
13.32A.100 Family reconciliation services for child in
out-of-home placement. Where a child is placed in an outof-home placement pursuant to RCW 13.32A.090(3)(d)(ii),
the department shall make available family reconciliation
services in order to facilitate the reunification of the family.
Any such placement may continue as long as there is agreement by the child and parent. [2000 c 123 § 13; 1996 c 133 §
16; 1981 c 298 § 8; 1979 c 155 § 24.]
13.32A.100
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Additional notes found at www.leg.wa.gov
13.32A.110 Interstate compact to apply, when. If a
child who has a legal residence outside the state of Washing13.32A.110
[Title 13 RCW—page 25]
13.32A.120
Title 13 RCW: Juvenile Courts and Juvenile Offenders
ton is admitted to a crisis residential center or is released by a
law enforcement officer to the department, and the child
refuses to return home, the provisions of *RCW 13.24.010
shall apply. [1996 c 133 § 17; 1979 c 155 § 25.]
*Reviser’s note: RCW 13.24.010 was repealed by 2003 c 180 § 3,
effective August 26, 2008.
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
13.32A.128 Child admitted to secure facility—Limitations. The department may take a runaway youth to a
secure facility after attempting to notify the parent of the
child’s whereabouts. The department may not take a child to
a secure facility if the department has reasonable cause to
believe that the reason for the child’s runaway status is the
result of abuse or neglect. [2009 c 569 § 5.]
13.32A.128
13.32A.130 Child admitted to secure facility—Maximum hours of custody—Evaluation for semi-secure facility or release to department—Parental right to remove
child—Reconciliation effort—Information to parent and
child—Written statement of services and rights—Crisis
residential center immunity from liability. (1) A child
admitted to a secure facility located in a juvenile detention
center shall remain in the facility for at least twenty-four
hours after admission but for not more than five consecutive
days. A child admitted to a secure facility not located in a
juvenile detention center or a semi-secure facility may
remain for not more than fifteen consecutive days. If a child
is transferred between a secure and semi-secure facility, the
aggregate length of time a child may remain in both facilities
shall not exceed fifteen consecutive days per admission, and
in no event may a child’s stay in a secure facility located in a
juvenile detention center exceed five days per admission.
(2)(a)(i) The facility administrator shall determine
within twenty-four hours after a child’s admission to a secure
facility whether the child is likely to remain in a semi-secure
facility and may transfer the child to a semi-secure facility or
release the child to the department. The determination shall
be based on: (A) The need for continued assessment, protection, and treatment of the child in a secure facility; and (B)
the likelihood the child would remain at a semi-secure facility until his or her parents can take the child home or a petition can be filed under this title.
(ii) In making the determination the administrator shall
consider the following information if known: (A) The child’s
age and maturity; (B) the child’s condition upon arrival at the
center; (C) the circumstances that led to the child’s being
taken to the center; (D) whether the child’s behavior endangers the health, safety, or welfare of the child or any other
person; (E) the child’s history of running away; and (F) the
child’s willingness to cooperate in the assessment.
(b) If the administrator of a secure facility determines the
child is unlikely to remain in a semi-secure facility, the
administrator shall keep the child in the secure facility pursuant to this chapter and in order to provide for space for the
child may transfer another child who has been in the facility
for at least seventy-two hours to a semi-secure facility. The
administrator shall only make a transfer of a child after determining that the child who may be transferred is likely to
remain at the semi-secure facility.
(c) A crisis residential center administrator is authorized
to transfer a child to a crisis residential center in the area
where the child’s parents reside or where the child’s lawfully
prescribed residence is located.
(d) An administrator may transfer a child from a semisecure facility to a secure facility whenever he or she reasonably believes that the child is likely to leave the semi-secure
facility and not return and after full consideration of all factors in (a)(i) and (ii) of this subsection.
13.32A.130
Interstate compact on juveniles: Chapter 13.24 RCW.
Additional notes found at www.leg.wa.gov
13.32A.120
13.32A.120 Out-of-home placement—Agreement,
continuation—Petition to approve or continue. (1) Where
either a child or the child’s parent or the person or facility
currently providing shelter to the child notifies the center that
such individual or individuals cannot agree to the continuation of an out-of-home placement arrived at pursuant to RCW
13.32A.090(3)(d)(ii), the administrator of the center shall
immediately contact the remaining party or parties to the
agreement and shall attempt to bring about the child’s return
home or to an alternative living arrangement agreeable to the
child and the parent as soon as practicable.
(2) If a child and his or her parent cannot agree to an outof-home placement under RCW 13.32A.090(3)(d)(ii), either
the child or parent may file a child in need of services petition
to approve an out-of-home placement or the parent may file
an at-risk youth petition.
(3) If a child and his or her parent cannot agree to the
continuation of an out-of-home placement under RCW
13.32A.090(3)(d)(ii), either the child or parent may file a
child in need of services petition to continue an out-of-home
placement or the parent may file an at-risk youth petition.
[2000 c 123 § 14; 1996 c 133 § 18; 1995 c 312 § 11; 1990 c
276 § 7; 1979 c 155 § 26.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Intent—1990 c 276: See RCW 13.32A.015.
Additional notes found at www.leg.wa.gov
13.32A.125
13.32A.125 Temporary out-of-home placement in
semi-secure crisis residential center. In approving a petition under this chapter, a child may be placed in a semisecure crisis residential center as a temporary out-of-home
placement under the following conditions: (1) No other suitable out-of-home placement is available; (2) space is available in the semi-secure crisis residential center; and (3) no
child will be denied access for a five-day placement due to
this placement.
Any child referred to a semi-secure crisis residential center by a law enforcement officer, the department, or himself
or herself shall have priority over a temporary out-of-home
placement in the facility. Any out-of-home placement order
shall be subject to this priority, and the administrator of the
semi-secure crisis residential center shall transfer the temporary out-of-home placement youth to a new out-of-home
placement as necessary to ensure access for youth needing
the semi-secure crisis residential center. [1995 c 312 § 44.]
Additional notes found at www.leg.wa.gov
[Title 13 RCW—page 26]
(2010 Ed.)
Family Reconciliation Act
(3) If no parent is available or willing to remove the child
during the first seventy-two hours following admission, the
department shall consider the filing of a petition under RCW
13.32A.140.
(4) Notwithstanding the provisions of subsection (1) of
this section, the parents may remove the child at any time
unless the staff of the crisis residential center has reasonable
cause to believe that the child is absent from the home
because he or she is abused or neglected or if allegations of
abuse or neglect have been made against the parents. The
department or any agency legally charged with the supervision of a child may remove a child from a crisis residential
center at any time after the first twenty-four-hour period after
admission has elapsed and only after full consideration by all
parties of the factors in subsection (2)(a) of this section.
(5) Crisis residential center staff shall make reasonable
efforts to protect the child and achieve a reconciliation of the
family. If a reconciliation and voluntary return of the child
has not been achieved within forty-eight hours from the time
of admission, and if the administrator of the center does not
consider it likely that reconciliation will be achieved within
five days of the child’s admission to the center, then the
administrator shall inform the parent and child of: (a) The
availability of counseling services; (b) the right to file a child
in need of services petition for an out-of-home placement, the
right of a parent to file an at-risk youth petition, and the right
of the parent and child to obtain assistance in filing the petition; (c) the right to request the facility administrator or his or
her designee to form a multidisciplinary team; (d) the right to
request a review of any out-of-home placement; (e) the right
to request a mental health or chemical dependency evaluation
by a county-designated professional or a private treatment
facility; and (f) the right to request treatment in a program to
address the child’s at-risk behavior under RCW 13.32A.197.
(6) At no time shall information regarding a parent’s or
child’s rights be withheld. The department shall develop and
distribute to all law enforcement agencies and to each crisis
residential center administrator a written statement delineating the services and rights. The administrator of the facility
or his or her designee shall provide every resident and parent
with a copy of the statement.
(7) A crisis residential center and any person employed
at the center acting in good faith in carrying out the provisions of this section are immune from criminal or civil liability for such actions. [2009 c 569 § 1. Prior: 2000 c 162 § 13;
2000 c 162 § 3; 2000 c 123 § 15; 1997 c 146 § 4; 1996 c 133
§ 8; 1995 c 312 § 12; 1994 sp.s. c 7 § 508; 1992 c 205 § 206;
1990 c 276 § 8; 1985 c 257 § 9; 1981 c 298 § 9; 1979 c 155 §
27.]
Effective date—2000 c 162 §§ 11-17: See note following RCW
13.32A.060.
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Intent—1990 c 276: See RCW 13.32A.015.
13.32A.150
shall file a child in need of services petition to approve an
out-of-home placement on behalf of a child under any of the
following sets of circumstances:
(1) The child has been admitted to a crisis residential
center or has been placed by the department in an out-ofhome placement, and:
(a) The parent has been notified that the child was so
admitted or placed;
(b) The child cannot return home, and legal authorization
is needed for out-of-home placement beyond seventy-two
hours;
(c) No agreement between the parent and the child as to
where the child shall live has been reached;
(d) No child in need of services petition has been filed by
either the child or parent;
(e) The parent has not filed an at-risk youth petition; and
(f) The child has no suitable place to live other than the
home of his or her parent.
(2) The child has been admitted to a crisis residential
center and:
(a) Seventy-two hours, including Saturdays, Sundays,
and holidays, have passed since such placement;
(b) The staff, after searching with due diligence, have
been unable to contact the parent of such child; and
(c) The child has no suitable place to live other than the
home of his or her parent.
(3) An agreement between parent and child made pursuant to RCW 13.32A.090(3)(d)(ii) or pursuant to RCW
13.32A.120(1) is no longer acceptable to parent or child, and:
(a) The party to whom the arrangement is no longer
acceptable has so notified the department;
(b) Seventy-two hours, including Saturdays, Sundays,
and holidays, have passed since such notification;
(c) No new agreement between parent and child as to
where the child shall live has been reached;
(d) No child in need of services petition has been filed by
either the child or the parent;
(e) The parent has not filed an at-risk youth petition; and
(f) The child has no suitable place to live other than the
home of his or her parent.
Under the circumstances of subsections (1), (2), or (3) of
this section, the child shall remain in an out-of-home placement until a child in need of services petition filed by the
department on behalf of the child is reviewed and resolved by
the juvenile court. The department may authorize emergency
medical or dental care for a child admitted to a crisis residential center or placed in an out-of-home placement by the
department. The state, when the department files a child in
need of services petition under this section, shall be represented as provided for in RCW 13.04.093. [2000 c 123 § 16;
1997 c 146 § 5; 1996 c 133 § 19; 1995 c 312 § 15; 1990 c 276
§ 9; 1981 c 298 § 10; 1979 c 155 § 28.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Intent—1990 c 276: See RCW 13.32A.015.
Additional notes found at www.leg.wa.gov
Additional notes found at www.leg.wa.gov
13.32A.150 Out-of-home placement—Child in need
of services petition by child or parent. (1) Except as otherwise provided in this chapter, the juvenile court shall not
accept the filing of a child in need of services petition by the
13.32A.150
13.32A.140 Out-of-home placement—Child in need
of services petition by department—Procedure. Unless
the department files a dependency petition, the department
13.32A.140
(2010 Ed.)
[Title 13 RCW—page 27]
13.32A.152
Title 13 RCW: Juvenile Courts and Juvenile Offenders
child or the parents or the filing of an at-risk youth petition by
the parent, unless verification is provided that the department
has completed a family assessment. The family assessment
shall involve the multidisciplinary team if one exists. The
family assessment or plan of services developed by the multidisciplinary team shall be aimed at family reconciliation,
reunification, and avoidance of the out-of-home placement of
the child. If the department is unable to complete an assessment within two working days following a request for assessment the child or the parents may proceed under subsection
(2) of this section or the parent may proceed under RCW
13.32A.191.
(2) A child or a child’s parent may file with the juvenile
court a child in need of services petition to approve an out-ofhome placement for the child. The department shall, when
requested, assist either a parent or child in the filing of the
petition. The petition must be filed in the county where the
parent resides. The petition shall allege that the child is a
child in need of services and shall ask only that the placement
of a child outside the home of his or her parent be approved.
The filing of a petition to approve the placement is not dependent upon the court’s having obtained any prior jurisdiction
over the child or his or her parent, and confers upon the court
a special jurisdiction to approve or disapprove an out-ofhome placement under this chapter.
(3) A petition may not be filed if the child is the subject
of a proceeding under chapter 13.34 RCW. [2000 c 123 § 17;
1996 c 133 § 20; 1995 c 312 § 16; 1992 c 205 § 208; 1990 c
276 § 10; 1989 c 269 § 1; 1981 c 298 § 11; 1979 c 155 § 29.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Intent—1990 c 276: See RCW 13.32A.015.
Additional notes found at www.leg.wa.gov
13.32A.152 Child in need of services petition—Service on parents—Notice to department—Required notice
regarding Indian children. (1) Whenever a child in need of
services petition is filed by: (a) A youth pursuant to RCW
13.32A.150; (b) the child or the child’s parent pursuant to
RCW 13.32A.120; or (c) the department pursuant to RCW
13.32A.140, the filing party shall have a copy of the petition
served on the parents of the youth. Service shall first be
attempted in person and if unsuccessful, then by certified
mail with return receipt.
(2) Whenever a child in need of services petition is filed
by a youth or parent pursuant to RCW 13.32A.150, the court
shall immediately notify the department that a petition has
been filed.
(3)(a) Whenever the court or the petitioning party knows
or has reason to know that an Indian child is involved, the
petitioning party shall promptly provide notice to the child’s
parent or Indian custodian and to the agent designated by the
child’s Indian tribe to receive such notices. Notice shall be
by certified mail with return receipt requested. If the identity
or location of the parent or Indian custodian and the tribe cannot be determined, notice shall be given to the secretary of the
interior in the manner described in 25 C.F.R. 23.11. If the
child may be a member of more than one tribe, the petitioning
party shall send notice to all tribes the petitioner has reason to
know may be affiliated with the child.
13.32A.152
[Title 13 RCW—page 28]
(b) The notice shall: (i) Contain a statement notifying
the parent or custodian and the tribe of the pending proceeding; and (ii) notify the tribe of the tribe’s right to intervene
and/or request that the case be transferred to tribal court.
[2004 c 64 § 5; 2000 c 123 § 18; 1996 c 133 § 21; 1995 c 312
§ 4.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Additional notes found at www.leg.wa.gov
13.32A.160 Out-of-home placement—Court action
upon filing of child in need of services petition—Child
placement. (1) When a proper child in need of services petition to approve an out-of-home placement is filed under
RCW 13.32A.120, 13.32A.140, or 13.32A.150 the juvenile
court shall: (a)(i) Schedule a fact-finding hearing to be held:
(A) For a child who resides in a place other than his or her
parent’s home and other than an out-of-home placement,
within five calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be
held on the preceding judicial day; or (B) for a child living at
home or in an out-of-home placement, within ten days; and
(ii) notify the parent, child, and the department of such date;
(b) notify the parent of the right to be represented by counsel
and, if indigent, to have counsel appointed for him or her by
the court; (c) appoint legal counsel for the child; (d) inform
the child and his or her parent of the legal consequences of
the court approving or disapproving a child in need of services petition; (e) notify the parents of their rights under this
chapter and chapters 11.88, 13.34, 70.96A, and 71.34 RCW,
including the right to file an at-risk youth petition, the right to
submit an application for admission of their child to a treatment facility for alcohol, chemical dependency, or mental
health treatment, and the right to file a guardianship petition;
and (f) notify all parties, including the department, of their
right to present evidence at the fact-finding hearing.
(2) Upon filing of a child in need of services petition, the
child may be placed, if not already placed, by the department
in a crisis residential center, foster family home, group home
facility licensed under chapter 74.15 RCW, or any other suitable residence other than a HOPE center to be determined by
the department. The court may place a child in a crisis residential center for a temporary out-of-home placement as long
as the requirements of RCW 13.32A.125 are met.
(3) If the child has been placed in a foster family home or
group care facility under chapter 74.15 RCW, the child shall
remain there, or in any other suitable residence as determined
by the department, pending resolution of the petition by the
court. Any placement may be reviewed by the court within
three judicial days upon the request of the juvenile or the
juvenile’s parent. [2000 c 123 § 19; 1997 c 146 § 6; 1996 c
133 § 22; 1995 c 312 § 17; 1990 c 276 § 11; 1989 c 269 § 2;
1979 c 155 § 30.]
13.32A.160
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Intent—1990 c 276: See RCW 13.32A.015.
Additional notes found at www.leg.wa.gov
13.32A.170 Out-of-home placement—Fact-finding
hearing. (1) The court shall hold a fact-finding hearing to
consider a proper child in need of services petition, giving
13.32A.170
(2010 Ed.)
Family Reconciliation Act
due weight to the intent of the legislature that families have
the right to place reasonable restrictions and rules upon their
children, appropriate to the individual child’s developmental
level. The court may appoint legal counsel and/or a guardian
ad litem to represent the child and advise parents of their right
to be represented by legal counsel. At the commencement of
the hearing, the court shall advise the parents of their rights as
set forth in RCW 13.32A.160(1). If the court approves or
denies a child in need of services petition, a written statement
of the reasons must be filed.
(2) The court may approve an order stating that the child
shall be placed in a residence other than the home of his or
her parent only if it is established by a preponderance of the
evidence, including a departmental recommendation for
approval or dismissal of the petition, that:
(a) The child is a child in need of services as defined in
RCW 13.32A.030(5);
(b) If the petitioner is a child, he or she has made a reasonable effort to resolve the conflict;
(c) Reasonable efforts have been made to prevent or
eliminate the need for removal of the child from the child’s
home and to make it possible for the child to return home; and
(d) A suitable out-of-home placement resource is available.
The court may not grant a petition filed by the child or
the department if it is established that the petition is based
only upon a dislike of reasonable rules or reasonable discipline established by the parent.
The court may not grant the petition if the child is the
subject of a proceeding under chapter 13.34 RCW.
(3) Following the fact-finding hearing the court shall:
(a) Approve a child in need of services petition and, if appropriate, enter a temporary out-of-home placement for a period
not to exceed fourteen days pending approval of a disposition
decision to be made under RCW 13.32A.179(2); (b) approve
an at-risk youth petition filed by the parents and dismiss the
child in need of services petition; or (c) dismiss the petition.
At any time the court may order the department to
review the case to determine whether the case is appropriate
for a dependency petition under chapter 13.34 RCW. [2000
c 123 § 20; 1996 c 133 § 23; 1995 c 312 § 18; 1989 c 269 §
3; 1987 c 524 § 1; 1985 c 257 § 10; 1984 c 188 § 1; 1981 c
298 § 12; 1979 c 155 § 31.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Additional notes found at www.leg.wa.gov
13.32A.175 Out-of-home placement—Contribution
to child’s support—Enforcement of order. In any proceeding in which the court approves an out-of-home placement, the court shall inquire into the ability of parents to contribute to the child’s support. If the court finds that the parents
are able to contribute to the support of the child, the court
shall order them to make such support payments as the court
deems equitable. The court may enforce such an order by
execution or in any way in which a court of equity may
enforce its orders. However, payments shall not be required
of a parent who has both opposed the placement and continuously sought reconciliation with, and the return of, the child.
All orders entered in a proceeding approving out-of-home
placement shall be in compliance with the provisions of
13.32A.175
(2010 Ed.)
13.32A.179
RCW 26.23.050. [1995 c 312 § 19; 1987 c 435 § 13; 1981 c
298 § 15.]
Additional notes found at www.leg.wa.gov
13.32A.177 Out-of-home placement—Determination
of support payments. A determination of support payments
ordered under RCW 13.32A.175 shall be based upon chapter
26.19 RCW. [1995 c 312 § 22; 1988 c 275 § 14.]
13.32A.177
Additional notes found at www.leg.wa.gov
13.32A.178 Out-of-home placement—Child support—Exceptions. The department of social and health services shall promulgate rules that create good cause exceptions to the establishment and enforcement of child support
from parents of children in out-of-home placement under
chapter 13.34 or 13.32A RCW that do not violate federal
funding requirements. The department shall present the rules
and the department’s plan for implementation of the rules to
the appropriate committees of the legislature prior to the
2002 legislative session. [2001 c 332 § 8.]
13.32A.178
13.32A.179 Out-of-home placement—Disposition
hearing—Court order—Dispositional plan—Child subject to contempt proceedings—Dismissal of order at
request of department or parent. (1) A disposition hearing
shall be held no later than fourteen days after the approval of
the temporary out-of-home placement. The parents, child,
and department shall be notified by the court of the time and
place of the hearing.
(2) At the conclusion of the disposition hearing, the court
may: (a) Reunite the family and dismiss the petition; (b)
approve an at-risk youth petition filed by the parents and dismiss the child in need of services petition; (c) approve an outof-home placement requested in the child in need of services
petition by the parents; or (d) order an out-of-home placement at the request of the child or the department not to
exceed ninety days.
At any time the court may order the department to
review the matter for purposes of filing a dependency petition
under chapter 13.34 RCW. Whether or not the court approves
or orders an out-of-home placement, the court may also order
any conditions of supervision as set forth in RCW
13.32A.196(3).
(3) The court may only enter an order under subsection
(2)(d) of this section if it finds by clear, cogent, and convincing evidence that: (a)(i) The order is in the best interest of the
family; (ii) the parents have not requested an out-of-home
placement; (iii) the parents have not exercised any other right
listed in RCW 13.32A.160(1)(e); (iv) the child has made reasonable efforts to resolve the problems that led to the filing of
the petition; (v) the problems cannot be resolved by delivery
of services to the family during continued placement of the
child in the parental home; (vi) reasonable efforts have been
made to prevent or eliminate the need for removal of the child
from the child’s home and to make it possible for the child to
return home; and (vii) a suitable out-of-home placement
resource is available; (b)(i) the order is in the best interest of
the child; and (ii) the parents are unavailable; or (c) the parent’s actions cause an imminent threat to the child’s health or
safety.
13.32A.179
[Title 13 RCW—page 29]
13.32A.180
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(4) The court may order the department to submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case. The plan, if ordered,
shall address the needs of the child, and the perceived needs
of the parents if the order was entered under subsection (2)(d)
of this section or if specifically agreed to by the parents. If the
parents do not agree or the order was not entered under subsection (2)(d) of this section the plan may only make recommendations regarding services in which the parents may voluntarily participate. If the court orders the department to prepare a plan, the department shall provide copies of the plan to
the parent, the child, and the court. If the parties or the court
desire the department to be involved in any future proceedings or case plan development, the department shall be provided with timely notification of all court hearings.
(5) A child who fails to comply with a court order issued
under this section shall be subject to contempt proceedings,
as provided in this chapter, but only if the noncompliance
occurs within one year after the entry of the order.
(6) After the court approves or orders an out-of-home
placement, the parents or the department may request, and
the court may grant, dismissal of the child in need of services
proceeding when it is not feasible for the department to provide services due to one or more of the following circumstances:
(a) The child has been absent from court approved placement for thirty consecutive days or more;
(b) The parents or the child, or all of them, refuse to
cooperate in available, appropriate intervention aimed at
reunifying the family; or
(c) The department has exhausted all available and
appropriate resources that would result in reunification.
(7) The court shall dismiss a placement made under subsection (2)(c) of this section upon the request of the parents.
[2000 c 123 § 21; 1997 c 146 § 7; 1996 c 133 § 24; 1995 c 312
§ 20.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Additional notes found at www.leg.wa.gov
13.32A.180 Out-of-home placement—Court order—
No placement in secure residence. (1) If the court orders a
three-month out-of-home placement for the child, the court
shall specify the person or agency with whom the child shall
be placed, those parental powers which will be temporarily
awarded to such agency or person including but not limited to
the right to authorize medical, dental, and optical treatment,
and parental visitation rights. Any agency or residence at
which the child is placed must, at a minimum, comply with
minimum standards for licensed family foster homes.
(2) No placement made pursuant to this section may be
in a secure residence as defined by the federal Juvenile Justice and Delinquency Prevention Act of 1974. [1995 c 312 §
23; 1979 c 155 § 32.]
13.32A.180
Additional notes found at www.leg.wa.gov
13.32A.190 Out-of-home placement dispositional
order—Review hearings—Time limitation on out-ofhome placement—Termination of placement at request
of parent. (1) Upon making a dispositional order under
13.32A.190
[Title 13 RCW—page 30]
RCW 13.32A.179, the court shall schedule the matter on the
calendar for review within three months, advise the parties of
the date thereof, appoint legal counsel and/or a guardian ad
litem to represent the child at the review hearing, advise parents of their right to be represented by legal counsel at the
review hearing, and notify the parties of their rights to present
evidence at the hearing. Where resources are available, the
court shall encourage the parent and child to participate in
programs for reconciliation of their conflict.
(2) At the review hearing, the court shall approve or disapprove the continuation of the dispositional plan in accordance with this chapter. The court shall determine whether
reasonable efforts have been made to reunify the family and
make it possible for the child to return home. The court shall
discontinue the placement and order that the child return
home if the court has reasonable grounds to believe that the
parents have made reasonable efforts to resolve the conflict
and the court has reason to believe that the child’s refusal to
return home is capricious. If out-of-home placement is continued, the court may modify the dispositional plan.
(3) Out-of-home placement may not be continued past
one hundred eighty days from the day the review hearing
commenced. The court shall order the child to return to the
home of the parent at the expiration of the placement. If an
out-of-home placement is disapproved prior to one hundred
eighty days, the court shall enter an order requiring the child
to return to the home of the child’s parent.
(4) The parents and the department may request, and the
juvenile court may grant, dismissal of an out-of-home placement order when it is not feasible for the department to provide services due to one or more of the following circumstances:
(a) The child has been absent from court approved placement for thirty consecutive days or more;
(b) The parents or the child, or all of them, refuse to
cooperate in available, appropriate intervention aimed at
reunifying the family; or
(c) The department has exhausted all available and
appropriate resources that would result in reunification.
(5) The court shall terminate a placement made under
this section upon the request of a parent unless the placement
is made pursuant to RCW 13.32A.179(3).
(6) The court may dismiss a child in need of services
petition filed by a parent at any time if the court finds good
cause to believe that continuation of out-of-home placement
would serve no useful purpose.
(7) The court shall dismiss a child in need of services
proceeding if the child is the subject of a proceeding under
chapter 13.34 RCW. [1996 c 133 § 25; 1995 c 312 § 24; 1989
c 269 § 5; 1984 c 188 § 2; 1981 c 298 § 13; 1979 c 155 § 33.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Additional notes found at www.leg.wa.gov
13.32A.191 At-risk youth—Petition by parent. (1) A
child’s parent may file with the juvenile court a petition in the
interest of a child alleged to be an at-risk youth. The department shall, when requested, assist the parent in filing the petition. The petition shall be filed in the county where the petitioner resides. The petition shall set forth the name, age, and
13.32A.191
(2010 Ed.)
Family Reconciliation Act
residence of the child and the names and residence of the
child’s parents and shall allege that:
(a) The child is an at-risk youth;
(b) The petitioner has the right to legal custody of the
child;
(c) Court intervention and supervision are necessary to
assist the parent to maintain the care, custody, and control of
the child; and
(d) Alternatives to court intervention have been
attempted or there is good cause why such alternatives have
not been attempted.
(2) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter. The petition need not specify any
proposed disposition following adjudication of the petition.
The filing of an at-risk youth petition is not dependent upon
the court’s having obtained any prior jurisdiction over the
child or his or her parent and confers upon the court the special jurisdiction to assist the parent in maintaining parental
authority and responsibility for the child.
(3) A petition may not be filed if a dependency petition
is pending under chapter 13.34 RCW. [2000 c 123 § 22; 1995
c 312 § 25.]
Additional notes found at www.leg.wa.gov
13.32A.192 At-risk youth petition—Prehearing procedures. (1) When a proper at-risk youth petition is filed by
a child’s parent under this chapter, the juvenile court shall:
(a)(i) Schedule a fact-finding hearing to be held: (A) For
a child who resides in a place other than his or her parent’s
home and other than an out-of-home placement, within five
calendar days unless the last calendar day is a Saturday, Sunday, or holiday, in which case the hearing shall be held on the
preceding judicial day; or (B) for a child living at home or in
an out-of-home placement, within ten days; and (ii) notify the
parent and the child of such date;
(b) Notify the parent of the right to be represented by
counsel at the parent’s own expense;
(c) Appoint legal counsel for the child;
(d) Inform the child and his or her parent of the legal
consequences of the court finding the child to be an at-risk
youth; and
(e) Notify the parent and the child of their rights to
present evidence at the fact-finding hearing.
(2) Unless out-of-home placement of the child is otherwise authorized or required by law, the child shall reside in
the home of his or her parent or in an out-of-home placement
requested by the parent or child and approved by the parent.
(3) If upon sworn written or oral declaration of the petitioning parent, the court has reason to believe that a child has
willfully and knowingly violated a court order issued pursuant to subsection (2) of this section, the court may issue an
order directing law enforcement to take the child into custody
and place the child in a juvenile detention facility or in a
secure facility within a crisis residential center. If the child is
placed in detention, a review shall be held as provided in
RCW 13.32A.065.
(4) If both a child in need of services petition and an atrisk youth petition have been filed with regard to the same
child, the petitions and proceedings shall be consolidated as
13.32A.192
(2010 Ed.)
13.32A.196
an at-risk youth petition. Pending a fact-finding hearing
regarding the petition, the child may be placed in the parent’s
home or in an out-of-home placement if not already placed in
a temporary out-of-home placement pursuant to a child in
need of services petition. The child or the parent may request
a review of the child’s placement including a review of any
court order requiring the child to reside in the parent’s home.
[1997 c 146 § 8; 1996 c 133 § 26; 1995 c 312 § 26; 1990 c 276
§ 12.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Intent—1990 c 276: See RCW 13.32A.015.
Additional notes found at www.leg.wa.gov
13.32A.194 At-risk youth petition—Court procedures. (1) The court shall hold a fact-finding hearing to consider a proper at-risk youth petition. The court shall grant the
petition and enter an order finding the child to be an at-risk
youth if the allegations in the petition are established by a
preponderance of the evidence, unless the child is the subject
of a proceeding under chapter 13.34 RCW. If the petition is
granted, the court shall enter an order requiring the child to
reside in the home of his or her parent or in an out-of-home
placement as provided in RCW 13.32A.192(2).
(2) The court may order the department to submit a dispositional plan if such a plan would assist the court in ordering a suitable disposition in the case. If the court orders the
department to prepare a plan, the department shall provide
copies of the plan to the parent, the child, and the court. If the
parties or the court desire the department to be involved in
any future proceedings or case plan development, the department shall be provided timely notification of all court hearings.
(3) If the court grants or denies an at-risk youth petition,
a statement of the written reasons shall be entered into the
records. If the court denies an at-risk youth petition, the court
shall verbally advise the parties that the child is required to
remain within the care, custody, and control of his or her parent. [2000 c 123 § 23; 1996 c 133 § 27; 1995 c 312 § 27;
1990 c 276 § 13.]
13.32A.194
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Intent—1990 c 276: See RCW 13.32A.015.
Additional notes found at www.leg.wa.gov
13.32A.196 At-risk youth petition—Dispositional
hearing. (1) A dispositional hearing shall be held no later
than fourteen days after the fact-finding hearing. Each party
shall be notified of the time and date of the hearing.
(2) At the dispositional hearing regarding an adjudicated
at-risk youth, the court shall consider the recommendations
of the parties and the recommendations of any dispositional
plan submitted by the department. The court may enter a dispositional order that will assist the parent in maintaining the
care, custody, and control of the child and assist the family to
resolve family conflicts or problems.
(3) The court may set conditions of supervision for the
child that include:
(a) Regular school attendance;
(b) Counseling;
13.32A.196
[Title 13 RCW—page 31]
13.32A.197
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(c) Participation in a substance abuse or mental health
outpatient treatment program;
(d) Reporting on a regular basis to the department or any
other designated person or agency; and
(e) Any other condition the court deems an appropriate
condition of supervision including but not limited to:
Employment, participation in an anger management program, and refraining from using alcohol or drugs.
(4) No dispositional order or condition of supervision
ordered by a court pursuant to this section shall include involuntary commitment of a child for substance abuse or mental
health treatment.
(5) The court may order the parent to participate in counseling services or any other services for the child requiring
parental participation. The parent shall cooperate with the
court-ordered case plan and shall take necessary steps to help
implement the case plan. The parent shall be financially
responsible for costs related to the court-ordered plan; however, this requirement shall not affect the eligibility of the
parent or child for public assistance or other benefits to which
the parent or child may otherwise be entitled.
(6) The parent may request dismissal of an at-risk youth
proceeding or out-of-home placement at any time. Upon such
a request, the court shall dismiss the matter and cease court
supervision of the child unless: (a) A contempt action is
pending in the case; (b) a petition has been filed under RCW
13.32A.150 and a hearing has not yet been held under RCW
13.32A.179; or (c) an order has been entered under RCW
13.32A.179(3) and the court retains jurisdiction under that
subsection. The court may retain jurisdiction over the matter
for the purpose of concluding any pending contempt proceedings, including the full satisfaction of any penalties imposed
as a result of a contempt finding.
(7) The court may order the department to monitor compliance with the dispositional order, assist in coordinating the
provision of court-ordered services, and submit reports at
subsequent review hearings regarding the status of the case.
[2000 c 123 § 24; 1995 c 312 § 28; 1991 c 364 § 14; 1990 c
276 § 14.]
Findings—Construction—Conflict with federal requirements—
1991 c 364: See notes following RCW 70.96A.020.
Intent—1990 c 276: See RCW 13.32A.015.
Additional notes found at www.leg.wa.gov
13.32A.197 Disposition hearing—Additional orders
for specialized treatment—Review hearings—Limitation—Use of state funds. (1) In a disposition hearing, after
a finding that a child is a child in need of services or an at-risk
youth, the court may adopt the additional orders authorized
under this section if it finds that the child involved in those
proceedings is not eligible for inpatient treatment for a mental health or substance abuse condition and requires specialized treatment. The court may order that a child be placed in
a staff secure facility, other than a crisis residential center,
that will provide for the child’s participation in a program
designed to remedy his or her behavioral difficulties or needs.
The court may not enter this order unless, at the disposition
hearing, it finds that the placement is clearly necessary to
protect the child and that a less restrictive order would be
inadequate to protect the child, given the child’s age, maturity, propensity to run away from home, past exposure to seri13.32A.197
[Title 13 RCW—page 32]
ous risk when the child ran away from home, and possible
future exposure to serious risk should the child run away
from home again.
(2) The order shall require periodic court review of the
placement, with the first review hearing conducted not more
than thirty days after the date of the placement. At each
review hearing the court shall advise the parents of their
rights under RCW 13.32A.160(1), review the progress of the
child, and determine whether the orders are still necessary for
the protection of the child or a less restrictive placement
would be adequate. The court shall modify its orders as it
finds necessary to protect the child. Reviews of orders
adopted under this section are subject to the review provisions under RCW 13.32A.190 and 13.32.198 [13.32A.198].
(3) Placements in staff secure facilities under this section
shall be limited to children who meet the statutory definition
of a child in need of services or an at-risk youth as defined in
RCW 13.32A.030.
(4) State funds may only be used to pay for placements
under this section if, and to the extent that, such funds are
appropriated to expressly pay for them. [1996 c 133 § 3.]
Findings—1996 c 133: "The legislature finds that no children should
be exposed to the dangers inherent in living on the streets. The legislature
further finds that there are children who are not mentally ill or chemically
dependent who are living on the street in dangerous situations. These children through their at-risk behavior place themselves at great personal risk
and danger. The legislature further finds that these children with at-risk
behaviors should receive treatment for their problems that result in excessive
opposition to parental authority." [1996 c 133 § 1.]
Intent—Construction—1996 c 133: "It is the intent of the legislature
that the changes in this act be construed to expedite the administrative and
judicial processes provided for in the existing and amended statutes to assist
in assuring that children placed in a crisis residential center have an appropriate placement available to them at the conclusion of their stay at the center." [1996 c 133 § 38.]
Additional notes found at www.leg.wa.gov
13.32A.198 At-risk youth—Review by court. (1)
Upon making a disposition regarding an adjudicated at-risk
youth, the court shall schedule the matter on the calendar for
review within three months, advise the parties of the date
thereof, appoint legal counsel for the child, advise the parent
of the right to be represented by legal counsel at the review
hearing at the parent’s own expense, and notify the parties of
their rights to present evidence at the hearing.
(2) At the review hearing, the court shall approve or disapprove the continuation of court supervision in accordance
with the goal of assisting the parent to maintain the care, custody, and control of the child. The court shall determine
whether the parent and child are complying with the dispositional plan. If court supervision is continued, the court may
modify the dispositional plan.
(3) Court supervision of the child may not be continued
past one hundred eighty days from the day the review hearing
commenced unless the court finds, and the parent agrees, that
there are compelling reasons for an extension of supervision.
Any extension granted pursuant to this subsection shall not
exceed ninety days.
(4) The court may dismiss an at-risk youth proceeding at
any time if the court finds good cause to believe that continuation of court supervision would serve no useful purpose or
that the parent is not cooperating with the court-ordered case
plan. The court shall dismiss an at-risk youth proceeding if
13.32A.198
(2010 Ed.)
Family Reconciliation Act
the child is the subject of a proceeding under chapter 13.34
RCW. [1990 c 276 § 15.]
Intent—1990 c 276: See RCW 13.32A.015.
Additional notes found at www.leg.wa.gov
13.32A.200 Hearings under chapter—Time or
place—Public excluded. (1) All hearings pursuant to this
chapter may be conducted at any time or place within the
county of the residence of the parent and such cases shall be
heard in conjunction with the business of any other division
of the superior court, except as provided in subsections (2)
and (3) of this section.
(2) The public shall be excluded from a child in need of
services hearing if the judicial officer finds that it is in the
best interest of the child.
(3) The public shall be excluded from an at-risk youth
hearing if:
(a) The judicial officer finds that it is in the best interest
of the child; or
(b) Either parent requests that the public be excluded
from the hearing.
(4) At the beginning of the at-risk youth hearing, the
judicial officer shall notify the parents that either parent has
the right to request that the public be excluded from the atrisk youth hearing.
(5) If the public is excluded from hearings under subsection (2) or (3) of this section, only such persons who are
found by the court to have a direct interest in the case or the
work of the court shall be admitted to the proceedings. [2007
c 213 § 1; 2000 c 123 § 25; 1979 c 155 § 34.]
13.32A.200
Additional notes found at www.leg.wa.gov
13.32A.205 Acceptance of petitions by court—Damages. No superior court may refuse to accept for filing a
properly completed and presented child in need of services
petition or an at-risk youth petition. To be properly presented,
the petitioner shall verify that the family assessment required
under RCW 13.32A.150 has been completed. In the event of
an improper refusal that is appealed and reversed, the petitioner shall be awarded actual damages, costs, and attorneys’
fees. [1995 c 312 § 32.]
13.32A.205
Additional notes found at www.leg.wa.gov
13.32A.300
vices proceedings and at-risk youth proceedings, the court
shall verbally notify the parents and the child of the possibility of a finding of contempt for failure to comply with the
terms of a court order entered pursuant to this chapter. Except
as otherwise provided in this section, the court shall treat the
parents and the child equally for the purposes of applying
contempt of court processes and penalties under this section.
(2) Failure by a party to comply with an order entered
under this chapter is a civil contempt of court as provided in
RCW 7.21.030(2)(e), subject to the limitations of subsection
(3) of this section.
(3) The court may impose remedial sanctions including a
fine of up to one hundred dollars and confinement for up to
seven days, or both for contempt of court under this section.
(4) A child placed in confinement for contempt under
this section shall be placed in confinement only in a secure
juvenile detention facility operated by or pursuant to a contract with a county.
(5) A motion for contempt may be made by a parent, a
child, juvenile court personnel, or by any public agency,
organization, or person having custody of the child under a
court order adopted pursuant to this chapter.
(6) Whenever the court finds probable cause to believe,
based upon consideration of a motion for contempt and the
information set forth in a supporting declaration, that a child
has violated a placement order entered under this chapter, the
court may issue an order directing law enforcement to pick up
and take the child to detention. The order may be entered ex
parte without prior notice to the child or other parties. Following the child’s admission to detention, a detention review
hearing must be held in accordance with RCW 13.32A.065.
[2000 c 162 § 14; 2000 c 162 § 4; 1998 c 296 § 37; 1996 c 133
§ 28; 1995 c 312 § 29; 1990 c 276 § 16. Prior: 1989 c 373 §
16; 1989 c 269 § 4; 1981 c 298 § 14.]
Effective date—2000 c 162 §§ 11-17: See note following RCW
13.32A.060.
Findings—Intent—1998 c 296 §§ 36-39: See note following RCW
7.21.030.
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Intent—1990 c 276: See RCW 13.32A.015.
Additional notes found at www.leg.wa.gov
13.32A.210 Foster home placement—Parental preferences. In an attempt to minimize the inherent intrusion in
the lives of families involved in the foster care system and to
maintain parental authority where appropriate, the department, absent good cause, shall follow the wishes of the natural parent regarding the placement of the child. Preferences
such as family constellation, ethnicity, and religion shall be
given consideration when matching children to foster homes.
Parental authority is appropriate in areas that are not connected with the abuse or neglect that resulted in the dependency and should be integrated through the foster care team.
[1990 c 284 § 24.]
13.32A.210
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
13.32A.250 Failure to comply with order as civil contempt—Motion—Penalties. (1) In all child in need of ser13.32A.250
(2010 Ed.)
13.32A.270 Youth who have been diverted—Alleged
prostitution or prostitution loitering offenses—Services
and treatment. Within available funding, when a youth who
has been diverted under RCW 13.40.070 for an alleged
offense of prostitution or prostitution loitering is referred to
the department, the department shall connect that child with
the services and treatment specified in RCW 74.14B.060 and
74.14B.070. [2010 c 289 § 3.]
13.32A.270
13.32A.300 No entitlement to services created by
chapter. Nothing in this chapter shall be construed to create
an entitlement to services nor to create judicial authority to
order the provision at public expense of services to any person or family where the department has determined that such
services are unavailable or unsuitable or that the child or family are not eligible for such services. [1995 c 312 § 43.]
13.32A.300
[Title 13 RCW—page 33]
Chapter 13.34
Title 13 RCW: Juvenile Courts and Juvenile Offenders
Additional notes found at www.leg.wa.gov
13.34.155
13.34.155
Chapter 13.34 RCW
JUVENILE COURT ACT—DEPENDENCY
AND TERMINATION OF
PARENT-CHILD RELATIONSHIP
Chapter 13.34
Sections
13.34.010
13.34.020
13.34.025
13.34.030
13.34.035
13.34.040
13.34.050
13.34.055
13.34.060
13.34.062
13.34.065
13.34.065
13.34.065
13.34.065
13.34.067
13.34.069
13.34.070
13.34.080
13.34.090
13.34.092
13.34.094
13.34.096
13.34.100
13.34.102
13.34.105
13.34.107
13.34.108
13.34.110
13.34.115
13.34.120
13.34.125
13.34.130
13.34.132
13.34.134
13.34.136
13.34.138
13.34.141
13.34.142
13.34.145
13.34.150
13.34.160
13.34.161
13.34.165
13.34.174
Short title.
Legislative declaration of family unit as resource to be nurtured—Rights of child.
Child dependency cases—Coordination of services—Remedial services.
Definitions.
Standard court forms—Rules—Administrative office of the
courts to develop and establish—Failure to use or follow—
Distribution.
Petition to court to deal with dependent child—Application of
Indian child welfare act.
Court order to take child into custody, when—Hearing.
Custody by law enforcement officer—Release from liability.
Shelter care—Placement—Custody—Duties of parties.
Shelter care—Notice of custody and rights.
Shelter care—Hearing—Recommendation as to further
need—Release (as amended by 2009 c 397).
Shelter care—Hearing—Recommendation as to further
need—Release (as amended by 2009 c 477).
Shelter care—Hearing—Recommendation as to further
need—Release (as amended by 2009 c 491).
Shelter care—Hearing—Recommendation as to further
need—Case management by supervising agency, when
appropriate—Release (as amended by 2009 c 520).
Shelter care—Case conference—Service agreement.
Shelter care—Order and authorization of health care and education records.
Summons when petition filed—Service procedure—Hearing,
when—Contempt upon failure to appear—Required notice
regarding Indian children.
Summons when petition filed—Publication of notice.
Rights under chapter proceedings.
Rights under chapter proceedings—Appointment of counsel—
Notice.
Description of services provided to parents.
Right to be heard—Notice.
Appointment of guardian ad litem—Background information—Rights—Notification and inquiry—Appointment of
counsel for child—Review.
Guardian ad litem—Training—Registry—Selection—Substitution—Exception.
Guardian ad litem—Duties—Immunity—Access to information.
Guardian ad litem—Ex parte communications—Removal.
Guardian ad litem—Fees.
Hearings—Fact-finding and disposition—Time and place,
notice.
Hearings—Public excluded when in the best interests of the
child—Notes and records—Video recordings.
Social study and reports made available at disposition hearing—Contents—Notice to parents.
Voluntary adoption plan—Consideration of preferences for
proposed placement.
Order of disposition for a dependent child, alternatives—Petition seeking termination of parent-child relationship—Placement with relatives, foster family home, group care facility,
or other suitable persons—Placement of an Indian child in
out-of-home care—Contact with siblings.
Petition seeking termination of parent-child relationship—
Requirements.
Permanent placement of child.
Permanency plan of care.
Review hearings—Findings—Duties of parties involved—Inhome placement requirements—Housing assistance.
Entry, order of disposition—Parent, guardian, or custodian of
child to engage in services and maintain contact with child—
Notice.
Current placement episode—Calculation.
Permanency planning hearing—Purpose—Time limits—
Goals—Review hearing—Petition for termination of parental rights—Guardianship petition—Agency responsibility to
provide services to parents—Due process rights.
Modification of orders.
[Title 13 RCW—page 34]
13.34.176
13.34.180
13.34.180
13.34.190
13.34.200
13.34.210
13.34.215
13.34.232
13.34.233
13.34.234
13.34.235
13.34.237
13.34.240
13.34.245
13.34.250
13.34.260
13.34.265
13.34.270
13.34.300
13.34.315
13.34.320
13.34.330
13.34.340
13.34.350
13.34.360
13.34.370
13.34.380
13.34.385
13.34.390
13.34.400
13.34.800
13.34.801
13.34.802
13.34.820
13.34.830
13.34.900
Concurrent jurisdiction over nonparental actions for child custody (as amended by 2009 c 520).
Concurrent jurisdiction over nonparental actions for child custody—Establishment or modification of parenting plan (as
amended by 2009 c 526).
Order of support for dependent child.
Order of support for dependent child—Noncompliance—
Enforcement of judgment.
Civil contempt—Grounds—Motion—Penalty—Detention
review hearing.
Order of alcohol or substance abuse diagnostic investigation
and evaluation—Treatment plan—Breach of plan—Reports.
Violation of alcohol or substance abuse treatment conditions—Hearing—Notice—Modification of order.
Order terminating parent and child relationship—Petition—
Filing—Allegations (as amended by 2009 c 477).
Order terminating parent and child relationship—Petition—
Filing—Allegations (as amended by 2009 c 520).
Order terminating parent and child relationship—Findings.
Order terminating parent and child relationship—Rights of
parties when granted.
Order terminating parent and child relationship—Custody
where no one has parental rights.
Petition reinstating terminated parental rights—Notice—
Achievement of permanency plan—Effect of granting the
petition—Hearing—Child support liability—Retroactive
application—Limitation on liability.
Guardianship for dependent child—Order, contents—Rights
and duties of dependency guardian.
Guardianship for dependent child—Modification or termination of order—Hearing—Termination of guardianship.
Guardianship for dependent child—Dependency guardianship
subsidies.
Guardianship for dependent child—Review hearing requirements not applicable—Exception.
Guardianship for dependent child—Subject to dependency
and termination of parent-child relationship provisions—
Exceptions—Request to convert dependency guardianship
to guardianship—Dismissal of dependency.
Acts, records, and proceedings of Indian tribe or band given
full faith and credit.
Voluntary consent to foster care placement for Indian child—
Validation—Withdrawal of consent—Termination.
Preference characteristics when placing Indian child in foster
care home.
Foster home placement—Parental preferences—Foster parent
contact with birth parents encouraged.
Foster home placement—Considerations.
Child with developmental disability—Out-of-home placement—Permanency planning hearing.
Relevance of failure to cause juvenile to attend school to
neglect petition.
Health care—Evaluation and treatment.
Inpatient mental health treatment—When parental consent
required—Hearing.
Inpatient mental health treatment—Placement.
Release of records—Disclosure to treating physician.
Dependent children—Information sharing—Guidelines.
Transfer of newborn to qualified person—Criminal liability—
Notification to child protective services—Definitions.
Evaluation of parties—Selection of evaluators.
Visitation policies and protocols—Development—Elements.
Petition for visitation—Relatives of dependent children—
Notice—Modification of order—Effect of granting the petition—Retroactive application.
Comprehensive services for drug-affected and alcoholaffected mothers and infants.
Child welfare proceedings—Placement—Documentation.
Drug-affected and alcohol-affected infants—Model project.
Rules—Definition of "drug-affected infant."
Rules—Definition of "alcohol-affected infant."
Permanency for dependent children—Annual report.
Child protection and child welfare—Racial disproportionality—Evaluation—Report.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Family preservation services: Chapter 74.14C RCW.
Foster placement prevention: Chapter 74.14C RCW.
Implementation of chapters 13.32A and 13.34 RCW: RCW 74.13.036.
Information about rights: RCW 26.44.100 through 26.44.120.
Juvenile may be both dependent and an offender: RCW 13.04.300.
(2010 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
Out-of-home care—Social study required: RCW 74.13.065.
Out-of-home placement: RCW 13.32A.140 through 13.32A.190.
Procedures for families in conflict, interstate compact to apply, when: RCW
13.32A.110.
Therapeutic family home program for youth in custody under chapter 13.34
RCW: RCW 74.13.170.
Transitional living programs for youth in the process of being emancipated:
RCW 74.13.037.
13.34.010 Short title. This chapter shall be known as
the "Juvenile Court Act in Cases Relating to Dependency of
a Child and the Termination of a Parent and Child Relationship". [1977 ex.s. c 291 § 29.]
13.34.010
Additional notes found at www.leg.wa.gov
13.34.020 Legislative declaration of family unit as
resource to be nurtured—Rights of child. The legislature
declares that the family unit is a fundamental resource of
American life which should be nurtured. Toward the continuance of this principle, the legislature declares that the family
unit should remain intact unless a child’s right to conditions
of basic nurture, health, or safety is jeopardized. When the
rights of basic nurture, physical and mental health, and safety
of the child and the legal rights of the parents are in conflict,
the rights and safety of the child should prevail. In making
reasonable efforts under this chapter, the child’s health and
safety shall be the paramount concern. The right of a child to
basic nurturing includes the right to a safe, stable, and permanent home and a speedy resolution of any proceeding under
this chapter. [1998 c 314 § 1; 1990 c 284 § 31; 1987 c 524 §
2; 1977 ex.s. c 291 § 30.]
13.34.020
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
Additional notes found at www.leg.wa.gov
13.34.025 Child dependency cases—Coordination of
services—Remedial services. (1) The department and
supervising agencies shall develop methods for coordination
of services to parents and children in child dependency cases.
To the maximum extent possible under current funding levels, the department and supervising agencies must:
(a) Coordinate and integrate services to children and
families, using service plans and activities that address the
children’s and families’ multiple needs, including ensuring
that siblings have regular visits with each other, as appropriate. Assessment criteria should screen for multiple needs;
(b) Develop treatment plans for the individual needs of
the client in a manner that minimizes the number of contacts
the client is required to make; and
(c) Access training for department and supervising
agency staff to increase skills across disciplines to assess
needs for mental health, substance abuse, developmental disabilities, and other areas.
(2) The department shall coordinate within the administrations of the department, and with contracted service providers including supervising agencies, to ensure that parents
in dependency proceedings under this chapter receive priority
access to remedial services recommended by the department
or supervising agency in its social study or ordered by the
court for the purpose of correcting any parental deficiencies
identified in the dependency proceeding that are capable of
13.34.025
(2010 Ed.)
13.34.030
being corrected in the foreseeable future. Services may also
be provided to caregivers other than the parents as identified
in RCW 13.34.138.
(a) For purposes of this chapter, remedial services are
those services defined in the federal adoption and safe families act as time-limited family reunification services. Remedial services include individual, group, and family counseling; substance abuse treatment services; mental health services; assistance to address domestic violence; services
designed to provide temporary child care and therapeutic services for families; and transportation to or from any of the
above services and activities.
(b) The department shall provide funds for remedial services if the parent is unable to pay to the extent funding is
appropriated in the operating budget or otherwise available to
the department for such specific services. As a condition for
receiving funded remedial services, the court may inquire
into the parent’s ability to pay for all or part of such services
or may require that the parent make appropriate applications
for funding to alternative funding sources for such services.
(c) If court-ordered remedial services are unavailable for
any reason, including lack of funding, lack of services, or language barriers, the department or supervising agency shall
promptly notify the court that the parent is unable to engage
in the treatment due to the inability to access such services.
(d) This section does not create an entitlement to services
and does not create judicial authority to order the provision of
services except for the specific purpose of making reasonable
efforts to remedy parental deficiencies identified in a dependency proceeding under this chapter. [2009 c 520 § 20; 2007
c 410 § 2; 2002 c 52 § 2; 2001 c 256 § 2.]
Short title—2007 c 410: See note following RCW 13.34.138.
Intent—2002 c 52: "It is the intent of the legislature to recognize that
those sibling relationships a child has are an integral aspect of the family
unit, which should be nurtured. The legislature presumes that nurturing the
existing sibling relationships is in the best interest of a child, in particular in
those situations where a child cannot be with their parents, guardians, or
legal custodians as a result of court intervention." [2002 c 52 § 1.]
Finding—2001 c 256: "The department of social and health services
serves parents and children with multiple needs, which cannot be resolved in
isolation. Further, the complexity of service delivery systems is a barrier for
families in crisis when a child is removed or a parent is removed from the
home. The department must undertake efforts to streamline the delivery of
services." [2001 c 256 § 1.]
13.34.030 Definitions. For purposes of this chapter:
(1) "Abandoned" means when the child’s parent, guardian, or other custodian has expressed, either by statement or
conduct, an intent to forego, for an extended period, parental
rights or responsibilities despite an ability to exercise such
rights and responsibilities. If the court finds that the petitioner has exercised due diligence in attempting to locate the
parent, no contact between the child and the child’s parent,
guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there
is no expressed intent to abandon.
(2) "Child" and "juvenile" means any individual under
the age of eighteen years.
(3) "Current placement episode" means the period of
time that begins with the most recent date that the child was
removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and
13.34.030
[Title 13 RCW—page 35]
13.34.030
Title 13 RCW: Juvenile Courts and Juvenile Offenders
continues until: (a) The child returns home; (b) an adoption
decree, a permanent custody order, or guardianship order is
entered; or (c) the dependency is dismissed, whichever
occurs first.
(4) "Department" means the department of social and
health services.
(5) "Dependency guardian" means the person, nonprofit
corporation, or Indian tribe appointed by the court pursuant to
this chapter for the limited purpose of assisting the court in
the supervision of the dependency.
(6) "Dependent child" means any child who:
(a) Has been abandoned;
(b) Is abused or neglected as defined in chapter 26.44
RCW by a person legally responsible for the care of the child;
or
(c) Has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to
the child’s psychological or physical development.
(7) "Developmental disability" means a disability attributable to intellectual disability, cerebral palsy, epilepsy,
autism, or another neurological or other condition of an individual found by the secretary to be closely related to an intellectual disability or to require treatment similar to that
required for individuals with intellectual disabilities, which
disability originates before the individual attains age eighteen, which has continued or can be expected to continue
indefinitely, and which constitutes a substantial limitation to
the individual.
(8) "Guardian" means the person or agency that: (a) Has
been appointed as the guardian of a child in a legal proceeding, including a guardian appointed pursuant to chapter 13.36
RCW; and (b) has the legal right to custody of the child pursuant to such appointment. The term "guardian" does not
include a "dependency guardian" appointed pursuant to a
proceeding under this chapter.
(9) "Guardian ad litem" means a person, appointed by
the court to represent the best interests of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A "courtappointed special advocate" appointed by the court to be the
guardian ad litem for the child, or to perform substantially the
same duties and functions as a guardian ad litem, shall be
deemed to be guardian ad litem for all purposes and uses of
this chapter.
(10) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by
the superior court of the county in which such proceeding is
filed, to manage all aspects of volunteer guardian ad litem
representation for children alleged or found to be dependent.
Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers.
(11) "Housing assistance" means appropriate referrals by
the department or other supervising agencies to federal, state,
local, or private agencies or organizations, assistance with
forms, applications, or financial subsidies or other monetary
assistance for housing. For purposes of this chapter, "housing assistance" is not a remedial service or time-limited family reunification service as described in RCW 13.34.025(2).
[Title 13 RCW—page 36]
(12) "Indigent" means a person who, at any stage of a
court proceeding, is:
(a) Receiving one of the following types of public assistance: Temporary assistance for needy families, disability
lifeline benefits, poverty-related veterans’ benefits, food
stamps or food stamp benefits transferred electronically, refugee resettlement benefits, medicaid, or supplemental security income; or
(b) Involuntarily committed to a public mental health
facility; or
(c) Receiving an annual income, after taxes, of one hundred twenty-five percent or less of the federally established
poverty level; or
(d) Unable to pay the anticipated cost of counsel for the
matter before the court because his or her available funds are
insufficient to pay any amount for the retention of counsel.
(13) "Out-of-home care" means placement in a foster
family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the
child’s parent, guardian, or legal custodian, not required to be
licensed pursuant to chapter 74.15 RCW.
(14) "Preventive services" means preservation services,
as defined in chapter 74.14C RCW, and other reasonably
available services, including housing assistance, capable of
preventing the need for out-of-home placement while protecting the child.
(15) "Shelter care" means temporary physical care in a
facility licensed pursuant to RCW 74.15.030 or in a home not
required to be licensed pursuant to RCW 74.15.030.
(16) "Sibling" means a child’s birth brother, birth sister,
adoptive brother, adoptive sister, half-brother, or half-sister,
or as defined by the law or custom of the Indian child’s tribe
for an Indian child as defined in 25 U.S.C. Sec. 1903(4).
(17) "Social study" means a written evaluation of matters
relevant to the disposition of the case and shall contain the
following information:
(a) A statement of the specific harm or harms to the child
that intervention is designed to alleviate;
(b) A description of the specific services and activities,
for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such services
and activities are likely to be useful; the availability of any
proposed services; and the agency’s overall plan for ensuring
that the services will be delivered. The description shall
identify the services chosen and approved by the parent;
(c) If removal is recommended, a full description of the
reasons why the child cannot be protected adequately in the
home, including a description of any previous efforts to work
with the parents and the child in the home; the in-home treatment programs that have been considered and rejected; the
preventive services, including housing assistance, that have
been offered or provided and have failed to prevent the need
for out-of-home placement, unless the health, safety, and
welfare of the child cannot be protected adequately in the
home; and the parents’ attitude toward placement of the
child;
(d) A statement of the likely harms the child will suffer
as a result of removal;
(e) A description of the steps that will be taken to minimize the harm to the child that may result if separation occurs
including an assessment of the child’s relationship and emo(2010 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
tional bond with any siblings, and the agency’s plan to provide ongoing contact between the child and the child’s siblings if appropriate; and
(f) Behavior that will be expected before determination
that supervision of the family or placement is no longer necessary.
(18) "Supervising agency" means an agency licensed by
the state under RCW 74.15.090, or licensed by a federally
recognized Indian tribe located in this state under RCW
74.15.190, that has entered into a performance-based contract
with the department to provide case management for the
delivery and documentation of child welfare services as
defined in RCW 74.13.020. [2010 1st sp.s. c 8 § 13; 2010 c
272 § 10; 2010 c 94 § 6. Prior: 2009 c 520 § 21; 2009 c 397
§ 1; 2003 c 227 § 2; 2002 c 52 § 3; 2000 c 122 § 1; 1999 c 267
§ 6; 1998 c 130 § 1; 1997 c 386 § 7; 1995 c 311 § 23; 1994 c
288 § 1; 1993 c 241 § 1; 1988 c 176 § 901; 1987 c 524 § 3;
1983 c 311 § 2; 1982 c 129 § 4; 1979 c 155 § 37; 1977 ex.s. c
291 § 31.]
Reviser’s note: This section was amended by 2010 c 94 § 6, 2010 c 272
§ 10, and by 2010 1st sp.s. c 8 § 13, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Intent—Short title—Effective date—2010 1st sp.s. c 8:
See notes following RCW 74.04.225.
Purpose—2010 c 94: See note following RCW 44.04.280.
Intent—2003 c 227: See note following RCW 13.34.130.
Intent—2002 c 52: See note following RCW 13.34.025.
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
Legislative finding—1983 c 311: "The legislature finds that in order
for the state to receive federal funds for family foster care under Title IV-B
and Title IV-E of the social security act, all children in family foster care
must be subjected to periodic court review. Unfortunately, this includes children who are developmentally disabled and who are placed in family foster
care solely because their parents have determined that the children’s service
needs require out-of-home placement. Except for providing such needed
services, the parents of these children are completely competent to care for
the children. The legislature intends by this act to minimize the embarrassment and inconvenience of developmentally disabled persons and their families caused by complying with these federal requirements." [1983 c 311 §
1.]
Additional notes found at www.leg.wa.gov
13.34.035 Standard court forms—Rules—Administrative office of the courts to develop and establish—Failure to use or follow—Distribution. (1) The administrative
office of the courts shall develop standard court forms and
format rules for mandatory use by parties in dependency matters commenced under this chapter or chapter 26.44 RCW.
Forms shall be developed not later than November 1, 2009,
and the mandatory use requirement shall be effective January
1, 2010. The administrative office of the courts has continuing responsibility to develop and revise mandatory forms and
format rules as appropriate.
(2) According to rules established by the administrative
office of the courts, a party may delete unnecessary portions
of the forms and may supplement the mandatory forms with
additional material.
(3) Failure by a party to use the mandatory forms or follow the format rules shall not be a reason to dismiss a case,
refuse a filing, or strike a pleading. The court may, however,
require the party to submit a corrected pleading and may
13.34.035
(2010 Ed.)
13.34.050
impose terms payable to the opposing party or payable to the
court, or both.
(4) The administrative office of the courts shall distribute
a master copy of the mandatory forms to all county court
clerks. Upon request, the administrative office of the courts
and county clerks must distribute the forms to the public and
may charge for the cost of production and distribution of the
forms. Private vendors also may distribute the forms. Distribution of forms may be in printed or electronic form. [2009
c 491 § 6.]
13.34.040
13.34.040 Petition to court to deal with dependent
child—Application of Indian child welfare act. (1) Any
person may file with the clerk of the superior court a petition
showing that there is within the county, or residing within the
county, a dependent child and requesting that the superior
court deal with such child as provided in this chapter. There
shall be no fee for filing such petitions.
(2) In counties having paid probation officers, these
officers shall, to the extent possible, first determine if a petition is reasonably justifiable. Each petition shall be verified
and contain a statement of facts constituting a dependency,
and the names and residence, if known to the petitioner, of
the parents, guardian, or custodian of the alleged dependent
child.
(3) Every petition filed in proceedings under this chapter
shall contain a statement alleging whether the child is or may
be an Indian child as defined in 25 U.S.C. Sec. 1903. If the
child is an Indian child as defined under the Indian child welfare act, the provisions of the act shall apply.
(4) Every order or decree entered under this chapter shall
contain a finding that the Indian child welfare act does or
does not apply. Where there is a finding that the Indian child
welfare act does apply, the decree or order must also contain
a finding that all notice requirements and evidentiary requirements under the Indian child welfare act have been satisfied.
[2004 c 64 § 3; 2000 c 122 § 2; 1977 ex.s. c 291 § 32; 1913 c
160 § 5; RRS § 1987-5. Formerly RCW 13.04.060.]
Additional notes found at www.leg.wa.gov
13.34.050
13.34.050 Court order to take child into custody,
when—Hearing. (1) The court may enter an order directing
a law enforcement officer, probation counselor, or child protective services official to take a child into custody if: (a) A
petition is filed with the juvenile court alleging that the child
is dependent and that the child’s health, safety, and welfare
will be seriously endangered if not taken into custody; (b) an
affidavit or declaration is filed by the department in support
of the petition setting forth specific factual information evidencing reasonable grounds that the child’s health, safety,
and welfare will be seriously endangered if not taken into
custody and at least one of the grounds set forth demonstrates
a risk of imminent harm to the child. "Imminent harm" for
purposes of this section shall include, but not be limited to,
circumstances of sexual abuse, sexual exploitation as defined
in RCW 26.44.020, and a parent’s failure to perform basic
parental functions, obligations, and duties as the result of
substance abuse; and (c) the court finds reasonable grounds
to believe the child is dependent and that the child’s health,
[Title 13 RCW—page 37]
13.34.055
Title 13 RCW: Juvenile Courts and Juvenile Offenders
safety, and welfare will be seriously endangered if not taken
into custody.
(2) Any petition that does not have the necessary affidavit or declaration demonstrating a risk of imminent harm
requires that the parents are provided notice and an opportunity to be heard before the order may be entered.
(3) The petition and supporting documentation must be
served on the parent, and if the child is in custody at the time
the child is removed, on the entity with custody other than the
parent. Failure to effect service does not invalidate the petition if service was attempted and the parent could not be
found. [2005 c 512 § 9; 2000 c 122 § 3; 1998 c 328 § 1; 1979
c 155 § 38; 1977 ex.s. c 291 § 33.]
Finding—Intent—Effective date—Short title—2005 c 512: See
notes following RCW 26.44.100.
Additional notes found at www.leg.wa.gov
13.34.055 Custody by law enforcement officer—
Release from liability. (1) A law enforcement officer shall
take into custody a child taken in violation of RCW
9A.40.060 or 9A.40.070. The law enforcement officer shall
make every reasonable effort to avoid placing additional
trauma on the child by obtaining such custody at times and in
a manner least disruptive to the child. The law enforcement
officer shall return the child to the person or agency having
the right to physical custody unless the officer has reasonable
grounds to believe the child should be taken into custody
under RCW 13.34.050 or 26.44.050. If there is no person or
agency having the right to physical custody available to take
custody of the child, the officer may place the child in shelter
care as provided in RCW 13.34.060.
(2) A law enforcement officer or public employee acting
reasonably and in good faith shall not be held liable in any
civil action for returning the child to a person having the
apparent right to physical custody. [1984 c 95 § 4.]
13.34.055
Additional notes found at www.leg.wa.gov
13.34.060 Shelter care—Placement—Custody—
Duties of parties. (1) A child taken into custody pursuant to
RCW 13.34.050 or 26.44.050 shall be immediately placed in
shelter care. A child taken by a relative of the child in violation of RCW 9A.40.060 or 9A.40.070 shall be placed in shelter care only when permitted under RCW 13.34.055. No
child may be held longer than seventy-two hours, excluding
Saturdays, Sundays, and holidays, after such child is taken
into custody unless a court order has been entered for continued shelter care. In no case may a child who is taken into custody pursuant to RCW 13.34.055, 13.34.050, or 26.44.050 be
detained in a secure detention facility.
(2) Unless there is reasonable cause to believe that the
health, safety, or welfare of the child would be jeopardized or
that the efforts to reunite the parent and child will be hindered, priority placement for a child in shelter care, pending
a court hearing, shall be with any person described in RCW
74.15.020(2)(a) or 13.34.130(1)(b). The person must be willing and available to care for the child and be able to meet any
special needs of the child and the court must find that such
placement is in the best interests of the child. The person
must be willing to facilitate the child’s visitation with siblings, if such visitation is part of the supervising agency’s
13.34.060
[Title 13 RCW—page 38]
plan or is ordered by the court. If a child is not initially
placed with a relative or other suitable person requested by
the parent pursuant to this section, the supervising agency
shall make an effort within available resources to place the
child with a relative or other suitable person requested by the
parent on the next business day after the child is taken into
custody. The supervising agency shall document its effort to
place the child with a relative or other suitable person
requested by the parent pursuant to this section. Nothing
within this subsection (2) establishes an entitlement to services or a right to a particular placement.
(3) Whenever a child is taken into custody pursuant to
this section, the supervising agency may authorize evaluations of the child’s physical or emotional condition, routine
medical and dental examination and care, and all necessary
emergency care. [2007 c 413 § 3; 2002 c 52 § 4; 2000 c 122
§ 4; 1999 c 17 § 2; 1998 c 328 § 2; 1990 c 246 § 1; 1987 c 524
§ 4. Prior: 1984 c 188 § 3; 1984 c 95 § 5; 1983 c 246 § 1;
1982 c 129 § 5; 1979 c 155 § 39; 1977 ex.s. c 291 § 34.]
Severability—2007 c 413: See note following RCW 13.34.215.
Intent—2002 c 52: See note following RCW 13.34.025.
Finding—1999 c 17: "The legislature has found that any intervention
into the life of a child is also an intervention in the life of the parent, guardian, or legal custodian, and that the bond between child and parent is a critical element of child development. The legislature now also finds that children who cannot be with their parents, guardians, or legal custodians are best
cared for, whenever possible and appropriate by family members with whom
they have a relationship. This is particularly important when a child cannot
be in the care of a parent, guardian, or legal custodian as a result of a court
intervention." [1999 c 17 § 1.]
Additional notes found at www.leg.wa.gov
13.34.062
13.34.062 Shelter care—Notice of custody and rights.
(1)(a) Whenever a child is taken into custody by child protective services pursuant to a court order issued under RCW
13.34.050 or when child protective services is notified that a
child has been taken into custody pursuant to RCW
26.44.050 or 26.44.056, child protective services shall make
reasonable efforts to inform the parent, guardian, or legal custodian of the fact that the child has been taken into custody,
the reasons why the child was taken into custody, and their
legal rights under this title, including the right to a shelter
care hearing, as soon as possible. Notice must be provided in
an understandable manner and take into consideration the
parent’s, guardian’s, or legal custodian’s primary language,
level of education, and cultural issues.
(b) In no event shall the notice required by this section be
provided to the parent, guardian, or legal custodian more than
twenty-four hours after the child has been taken into custody
or twenty-four hours after child protective services has been
notified that the child has been taken into custody.
(2)(a) The notice of custody and rights may be given by
any means reasonably certain of notifying the parents including, but not limited to, written, telephone, or in person oral
notification. If the initial notification is provided by a means
other than writing, child protective services shall make reasonable efforts to also provide written notification.
(b) The written notice of custody and rights required by
this section shall be in substantially the following form:
(2010 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
"NOTICE
Your child has been placed in temporary custody under
the supervision of Child Protective Services (or other person
or agency). You have important legal rights and you must
take steps to protect your interests.
1. A court hearing will be held before a judge within 72
hours of the time your child is taken into custody excluding
Saturdays, Sundays, and holidays. You should call the court
at (insert appropriate phone number here) for specific
information about the date, time, and location of the court
hearing.
2. You have the right to have a lawyer represent you at
the hearing. Your right to representation continues after the
shelter care hearing. You have the right to records the department intends to rely upon. A lawyer can look at the files in
your case, talk to child protective services and other agencies,
tell you about the law, help you understand your rights, and
help you at hearings. If you cannot afford a lawyer, the court
will appoint one to represent you. To get a court-appointed
lawyer you must contact: (explain local procedure) .
3. At the hearing, you have the right to speak on your
own behalf, to introduce evidence, to examine witnesses, and
to receive a decision based solely on the evidence presented
to the judge.
4. If your hearing occurs before a court commissioner,
you have the right to have the decision of the court commissioner reviewed by a superior court judge. To obtain that
review, you must, within ten days after the entry of the decision of the court commissioner, file with the court a motion
for revision of the decision, as provided in RCW 2.24.050.
You should be present at any shelter care hearing. If you
do not come, the judge will not hear what you have to say.
You may call the Child Protective Services’ caseworker
for more information about your child. The caseworker’s
name and telephone number are: (insert name and telephone number) .
5. You have a right to a case conference to develop a
written service agreement following the shelter care hearing.
The service agreement may not conflict with the court’s order
of shelter care. You may request that a multidisciplinary
team, family group conference, or prognostic staffing be convened for your child’s case. You may participate in these
processes with your counsel present.
6. If your child is placed in the custody of the department
of social and health services or other supervising agency,
immediately following the shelter care hearing, the court will
enter an order granting the department or other supervising
agency the right to inspect and copy all health, medical, mental health, and education records of the child, directing health
care providers to release such information without your further consent, and granting the department or supervising
agency or its designee the authority and responsibility, where
applicable, to:
(1) Notify the child’s school that the child is in out-ofhome placement;
(2) Enroll the child in school;
(3) Request the school transfer records;
(4) Request and authorize evaluation of special needs;
(5) Attend parent or teacher conferences;
(6) Excuse absences;
(2010 Ed.)
13.34.062
(7) Grant permission for extracurricular activities;
(8) Authorize medications which need to be administered during school hours and sign for medical needs that
arise during school hours; and
(9) Complete or update school emergency records.
7. If the court decides to place your child in the custody
of the department of social and health services or other supervising agency, the department or agency will create a permanency plan for your child, including a primary placement
goal and secondary placement goal. The department or
agency also will recommend that the court order services for
your child and for you, if needed. The department or agency
is required to make reasonable efforts to provide you with
services to address your parenting problems, and to provide
you with visitation with your child according to court orders.
Failure to promptly engage in services or to maintain contact
with your child may lead to the filing of a petition to terminate your parental rights.
8. Primary and secondary permanency plans are intended
to run at the same time so that your child will have a permanent home as quickly as possible. Absent good cause, and
when appropriate, the department or other supervising
agency must follow the wishes of a natural parent regarding
placement of a child. You should tell your lawyer and the
court where you wish your child placed immediately, including whether you want your child placed with you, with a relative, or with another suitable person. You also should tell
your lawyer and the court what services you feel are necessary and your wishes regarding visitation with your child.
Even if you want another parent or person to be the primary
placement choice for your child, you should tell your lawyer,
the department or other supervising agency, and the court if
you want to be a secondary placement option, and you should
comply with court orders for services and participate in visitation with your child. Early and consistent involvement in
your child’s case plan is important for the well-being of your
child.
9. A dependency petition begins a judicial process,
which, if the court finds your child dependent, could result in
substantial restrictions including, the entry or modification of
a parenting plan or residential schedule, nonparental custody
order or decree, guardianship order, or permanent loss of
your parental rights."
Upon receipt of the written notice, the parent, guardian,
or legal custodian shall acknowledge such notice by signing a
receipt prepared by child protective services. If the parent,
guardian, or legal custodian does not sign the receipt, the reason for lack of a signature shall be written on the receipt. The
receipt shall be made a part of the court’s file in the dependency action.
If after making reasonable efforts to provide notification,
child protective services is unable to determine the whereabouts of the parents, guardian, or legal custodian, the notice
shall be delivered or sent to the last known address of the parent, guardian, or legal custodian.
(3) If child protective services is not required to give
notice under this section, the juvenile court counselor
assigned to the matter shall make all reasonable efforts to
advise the parents, guardian, or legal custodian of the time
and place of any shelter care hearing, request that they be
[Title 13 RCW—page 39]
13.34.065
Title 13 RCW: Juvenile Courts and Juvenile Offenders
present, and inform them of their basic rights as provided in
RCW 13.34.090.
(4) Reasonable efforts to advise and to give notice, as
required in this section, shall include, at a minimum, investigation of the whereabouts of the parent, guardian, or legal
custodian. If such reasonable efforts are not successful, or
the parent, guardian, or legal custodian does not appear at the
shelter care hearing, the petitioner shall testify at the hearing
or state in a declaration:
(a) The efforts made to investigate the whereabouts of,
and to advise, the parent, guardian, or custodian; and
(b) Whether actual advice of rights was made, to whom
it was made, and how it was made, including the substance of
any oral communication or copies of written materials used.
[2009 c 477 § 2. Prior: 2007 c 413 § 4; 2007 c 409 § 5; 2004
c 147 § 2; 2001 c 332 § 2; 2000 c 122 § 5.]
Findings—Intent—2009 c 477: "The legislature finds that when children have been found dependent and placed in out-of-home care, the likelihood of reunification with their parents diminishes significantly after fifteen
months. The legislature also finds that early and consistent parental engagement in services and participation in appropriate parent-child contact and
visitation increases the likelihood of successful reunifications. The legislature intends to promote greater awareness among parents in dependency
cases of the importance of active participation in services, visitation, and
case planning for the child, and the risks created by failure to participate in
their child’s case over the long term." [2009 c 477 § 1.]
Severability—2007 c 413: See note following RCW 13.34.215.
Effective date—2007 c 409: See note following RCW 13.34.096.
Effective date—2004 c 147: See note following RCW 13.34.067.
13.34.065
13.34.065 Shelter care—Hearing—Recommendation as to further
need—Release (as amended by 2009 c 397). (1)(a) When a child is taken
into custody, the court shall hold a shelter care hearing within seventy-two
hours, excluding Saturdays, Sundays, and holidays. The primary purpose of
the shelter care hearing is to determine whether the child can be immediately
and safely returned home while the adjudication of the dependency is pending.
(b) Any parent, guardian, or legal custodian who for good cause is
unable to attend the shelter care hearing may request that a subsequent shelter care hearing be scheduled. The request shall be made to the clerk of the
court where the petition is filed prior to the initial shelter care hearing. Upon
the request of the parent, the court shall schedule the hearing within seventytwo hours of the request, excluding Saturdays, Sundays, and holidays. The
clerk shall notify all other parties of the hearing by any reasonable means.
(2)(a) The department of social and health services shall submit a recommendation to the court as to the further need for shelter care in all cases in
which it is the petitioner. In all other cases, the recommendation shall be
submitted by the juvenile court probation counselor.
(b) All parties have the right to present testimony to the court regarding
the need or lack of need for shelter care.
(c) Hearsay evidence before the court regarding the need or lack of
need for shelter care must be supported by sworn testimony, affidavit, or
declaration of the person offering such evidence.
(3)(a) At the commencement of the hearing, the court shall notify the
parent, guardian, or custodian of the following:
(i) The parent, guardian, or custodian has the right to a shelter care
hearing;
(ii) The nature of the shelter care hearing, the rights of the parents, and
the proceedings that will follow; and
(iii) If the parent, guardian, or custodian is not represented by counsel,
the right to be represented. If the parent, guardian, or custodian is indigent,
the court shall appoint counsel as provided in RCW 13.34.090; and
(b) If a parent, guardian, or legal custodian desires to waive the shelter
care hearing, the court shall determine, on the record and with the parties
present, whether such waiver is knowing and voluntary. A parent may not
waive his or her right to the shelter care hearing unless he or she appears in
court and the court determines that the waiver is knowing and voluntary.
Regardless of whether the court accepts the parental waiver of the shelter
care hearing, the court must provide notice to the parents of their rights
[Title 13 RCW—page 40]
required under (a) of this subsection and make the finding required under
subsection (4) of this section.
(4) At the shelter care hearing the court shall examine the need for shelter care and inquire into the status of the case. The paramount consideration
for the court shall be the health, welfare, and safety of the child. At a minimum, the court shall inquire into the following:
(a) Whether the notice required under RCW 13.34.062 was given to all
known parents, guardians, or legal custodians of the child. The court shall
make an express finding as to whether the notice required under RCW
13.34.062 was given to the parent, guardian, or legal custodian. If actual
notice was not given to the parent, guardian, or legal custodian and the
whereabouts of such person is known or can be ascertained, the court shall
order the supervising agency or the department of social and health services
to make reasonable efforts to advise the parent, guardian, or legal custodian
of the status of the case, including the date and time of any subsequent hearings, and their rights under RCW 13.34.090;
(b) Whether the child can be safely returned home while the adjudication of the dependency is pending;
(c) What efforts have been made to place the child with a relative;
(d) What services were provided to the family to prevent or eliminate
the need for removal of the child from the child’s home. If the dependency
petition or other information before the court alleges that homelessness or
the lack of suitable housing was a significant factor contributing to the
removal of the child, the court shall inquire as to whether housing assistance
was provided to the family to prevent or eliminate the need for removal of
the child or children;
(e) Is the placement proposed by the agency the least disruptive and
most family-like setting that meets the needs of the child;
(f) Whether it is in the best interest of the child to remain enrolled in the
school, developmental program, or child care the child was in prior to placement and what efforts have been made to maintain the child in the school,
program, or child care if it would be in the best interest of the child to remain
in the same school, program, or child care;
(g) Appointment of a guardian ad litem or attorney;
(h) Whether the child is or may be an Indian child as defined in 25
U.S.C. Sec. 1903, whether the provisions of the Indian child welfare act
apply, and whether there is compliance with the Indian child welfare act,
including notice to the child’s tribe;
(i) Whether, as provided in RCW 26.44.063, restraining orders, or
orders expelling an allegedly abusive household member from the home of a
nonabusive parent, guardian, or legal custodian, will allow the child to safely
remain in the home;
(j) Whether any orders for examinations, evaluations, or immediate
services are needed. The court may not order a parent to undergo examinations, evaluation, or services at the shelter care hearing unless the parent
agrees to the examination, evaluation, or service;
(k) The terms and conditions for parental, sibling, and family visitation.
(5)(a) The court shall release a child alleged to be dependent to the
care, custody, and control of the child’s parent, guardian, or legal custodian
unless the court finds there is reasonable cause to believe that:
(i) After consideration of the specific services that have been provided,
reasonable efforts have been made to prevent or eliminate the need for
removal of the child from the child’s home and to make it possible for the
child to return home; and
(ii)(A) The child has no parent, guardian, or legal custodian to provide
supervision and care for such child; or
(B) The release of such child would present a serious threat of substantial harm to such child, notwithstanding an order entered pursuant to RCW
26.44.063; or
(C) The parent, guardian, or custodian to whom the child could be
released has been charged with violating RCW 9A.40.060 or 9A.40.070.
(b) If the court does not release the child to his or her parent, guardian,
or legal custodian, the court shall order placement with a relative, unless
there is reasonable cause to believe the health, safety, or welfare of the child
would be jeopardized or that the efforts to reunite the parent and child will be
hindered. The relative must be willing and available to:
(i) Care for the child and be able to meet any special needs of the child;
(ii) Facilitate the child’s visitation with siblings, if such visitation is
part of the supervising agency’s plan or is ordered by the court; and
(iii) Cooperate with the department in providing necessary background
checks and home studies.
(c) If the child was not initially placed with a relative, and the court
does not release the child to his or her parent, guardian, or legal custodian,
the supervising agency shall make reasonable efforts to locate a relative pursuant to RCW 13.34.060(1).
(2010 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
(d) If a relative is not available, the court shall order continued shelter
care or order placement with another suitable person, and the court shall set
forth its reasons for the order. If the court orders placement of the child with
a person not related to the child and not licensed to provide foster care, the
placement is subject to all terms and conditions of this section that apply to
relative placements.
(e) Any placement with a relative, or other person approved by the
court pursuant to this section, shall be contingent upon cooperation with the
agency case plan and compliance with court orders related to the care and
supervision of the child including, but not limited to, court orders regarding
parent-child contacts, sibling contacts, and any other conditions imposed by
the court. Noncompliance with the case plan or court order is grounds for
removal of the child from the home of the relative or other person, subject to
review by the court.
(f) Uncertainty by a parent, guardian, legal custodian, relative, or other
suitable person that the alleged abuser has in fact abused the child shall not,
alone, be the basis upon which a child is removed from the care of a parent,
guardian, or legal custodian under (a) of this subsection, nor shall it be a
basis, alone, to preclude placement with a relative under (b) of this subsection or with another suitable person under (d) of this subsection.
(6)(a) A shelter care order issued pursuant to this section shall include
the requirement for a case conference as provided in RCW 13.34.067. However, if the parent is not present at the shelter care hearing, or does not agree
to the case conference, the court shall not include the requirement for the
case conference in the shelter care order.
(b) If the court orders a case conference, the shelter care order shall
include notice to all parties and establish the date, time, and location of the
case conference which shall be no later than thirty days before the fact-finding hearing.
(c) The court may order another conference, case staffing, or hearing as
an alternative to the case conference required under RCW 13.34.067 so long
as the conference, case staffing, or hearing ordered by the court meets all
requirements under RCW 13.34.067, including the requirement of a written
agreement specifying the services to be provided to the parent.
(7)(a) A shelter care order issued pursuant to this section may be
amended at any time with notice and hearing thereon. The shelter care decision of placement shall be modified only upon a showing of change in circumstances. No child may be placed in shelter care for longer than thirty
days without an order, signed by the judge, authorizing continued shelter
care.
(b)(i) An order releasing the child on any conditions specified in this
section may at any time be amended, with notice and hearing thereon, so as
to return the child to shelter care for failure of the parties to conform to the
conditions originally imposed.
(ii) The court shall consider whether nonconformance with any conditions resulted from circumstances beyond the control of the parent, guardian,
or legal custodian and give weight to that fact before ordering return of the
child to shelter care.
(8)(a) If a child is returned home from shelter care a second time in the
case, or if the supervisor of the caseworker deems it necessary, the multidisciplinary team may be reconvened.
(b) If a child is returned home from shelter care a second time in the
case a law enforcement officer must be present and file a report to the department. [2009 c 397 § 2; 2008 c 267 § 2; 2007 c 413 § 5; 2001 c 332 § 3; 2000
c 122 § 7.]
13.34.065
13.34.065 Shelter care—Hearing—Recommendation as to further
need—Release (as amended by 2009 c 477). (1)(a) When a child is taken
into custody, the court shall hold a shelter care hearing within seventy-two
hours, excluding Saturdays, Sundays, and holidays. The primary purpose of
the shelter care hearing is to determine whether the child can be immediately
and safely returned home while the adjudication of the dependency is pending.
(b) Any parent, guardian, or legal custodian who for good cause is
unable to attend the shelter care hearing may request that a subsequent shelter care hearing be scheduled. The request shall be made to the clerk of the
court where the petition is filed prior to the initial shelter care hearing. Upon
the request of the parent, the court shall schedule the hearing within seventytwo hours of the request, excluding Saturdays, Sundays, and holidays. The
clerk shall notify all other parties of the hearing by any reasonable means.
(2)(a) The department of social and health services shall submit a recommendation to the court as to the further need for shelter care in all cases in
which it is the petitioner. In all other cases, the recommendation shall be
submitted by the juvenile court probation counselor.
(2010 Ed.)
13.34.065
(b) All parties have the right to present testimony to the court regarding
the need or lack of need for shelter care.
(c) Hearsay evidence before the court regarding the need or lack of
need for shelter care must be supported by sworn testimony, affidavit, or
declaration of the person offering such evidence.
(3)(a) At the commencement of the hearing, the court shall notify the
parent, guardian, or custodian of the following:
(i) The parent, guardian, or custodian has the right to a shelter care
hearing;
(ii) The nature of the shelter care hearing, the rights of the parents, and
the proceedings that will follow; and
(iii) If the parent, guardian, or custodian is not represented by counsel,
the right to be represented. If the parent, guardian, or custodian is indigent,
the court shall appoint counsel as provided in RCW 13.34.090; and
(b) If a parent, guardian, or legal custodian desires to waive the shelter
care hearing, the court shall determine, on the record and with the parties
present, whether such waiver is knowing and voluntary. A parent may not
waive his or her right to the shelter care hearing unless he or she appears in
court and the court determines that the waiver is knowing and voluntary.
Regardless of whether the court accepts the parental waiver of the shelter
care hearing, the court must provide notice to the parents of their rights
required under (a) of this subsection and make the finding required under
subsection (4) of this section.
(4) At the shelter care hearing the court shall examine the need for shelter care and inquire into the status of the case. The paramount consideration
for the court shall be the health, welfare, and safety of the child. At a minimum, the court shall inquire into the following:
(a) Whether the notice required under RCW 13.34.062 was given to all
known parents, guardians, or legal custodians of the child. The court shall
make an express finding as to whether the notice required under RCW
13.34.062 was given to the parent, guardian, or legal custodian. If actual
notice was not given to the parent, guardian, or legal custodian and the
whereabouts of such person is known or can be ascertained, the court shall
order the supervising agency or the department of social and health services
to make reasonable efforts to advise the parent, guardian, or legal custodian
of the status of the case, including the date and time of any subsequent hearings, and their rights under RCW 13.34.090;
(b) Whether the child can be safely returned home while the adjudication of the dependency is pending;
(c) What efforts have been made to place the child with a relative;
(d) What services were provided to the family to prevent or eliminate
the need for removal of the child from the child’s home;
(e) Is the placement proposed by the agency the least disruptive and
most family-like setting that meets the needs of the child;
(f) Whether it is in the best interest of the child to remain enrolled in the
school, developmental program, or child care the child was in prior to placement and what efforts have been made to maintain the child in the school,
program, or child care if it would be in the best interest of the child to remain
in the same school, program, or child care;
(g) Appointment of a guardian ad litem or attorney;
(h) Whether the child is or may be an Indian child as defined in 25
U.S.C. Sec. 1903, whether the provisions of the Indian child welfare act
apply, and whether there is compliance with the Indian child welfare act,
including notice to the child’s tribe;
(i) Whether, as provided in RCW 26.44.063, restraining orders, or
orders expelling an allegedly abusive household member from the home of a
nonabusive parent, guardian, or legal custodian, will allow the child to safely
remain in the home;
(j) Whether any orders for examinations, evaluations, or immediate
services are needed. The court may not order a parent to undergo examinations, evaluation, or services at the shelter care hearing unless the parent
agrees to the examination, evaluation, or service;
(k) The terms and conditions for parental, sibling, and family visitation.
(5)(a) The court shall release a child alleged to be dependent to the
care, custody, and control of the child’s parent, guardian, or legal custodian
unless the court finds there is reasonable cause to believe that:
(i) After consideration of the specific services that have been provided,
reasonable efforts have been made to prevent or eliminate the need for
removal of the child from the child’s home and to make it possible for the
child to return home; and
(ii)(A) The child has no parent, guardian, or legal custodian to provide
supervision and care for such child; or
(B) The release of such child would present a serious threat of substantial harm to such child, notwithstanding an order entered pursuant to RCW
26.44.063; or
[Title 13 RCW—page 41]
13.34.065
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(C) The parent, guardian, or custodian to whom the child could be
released has been charged with violating RCW 9A.40.060 or 9A.40.070.
(b) If the court does not release the child to his or her parent, guardian,
or legal custodian, the court shall order placement with a relative, unless
there is reasonable cause to believe the health, safety, or welfare of the child
would be jeopardized or that the efforts to reunite the parent and child will be
hindered. The relative must be willing and available to:
(i) Care for the child and be able to meet any special needs of the child;
(ii) Facilitate the child’s visitation with siblings, if such visitation is
part of the supervising agency’s plan or is ordered by the court; and
(iii) Cooperate with the department in providing necessary background
checks and home studies.
(c) If the child was not initially placed with a relative, and the court
does not release the child to his or her parent, guardian, or legal custodian,
the supervising agency shall make reasonable efforts to locate a relative pursuant to RCW 13.34.060(1). In determining placement, the court shall weigh
the child’s length of stay and attachment to the current provider in determining what is in the best interest of the child.
(d) If a relative is not available, the court shall order continued shelter
care or order placement with another suitable person, and the court shall set
forth its reasons for the order. If the court orders placement of the child with
a person not related to the child and not licensed to provide foster care, the
placement is subject to all terms and conditions of this section that apply to
relative placements.
(e) Any placement with a relative, or other person approved by the
court pursuant to this section, shall be contingent upon cooperation with the
agency case plan and compliance with court orders related to the care and
supervision of the child including, but not limited to, court orders regarding
parent-child contacts, sibling contacts, and any other conditions imposed by
the court. Noncompliance with the case plan or court order is grounds for
removal of the child from the home of the relative or other person, subject to
review by the court.
(f) Uncertainty by a parent, guardian, legal custodian, relative, or other
suitable person that the alleged abuser has in fact abused the child shall not,
alone, be the basis upon which a child is removed from the care of a parent,
guardian, or legal custodian under (a) of this subsection, nor shall it be a
basis, alone, to preclude placement with a relative under (b) of this subsection or with another suitable person under (d) of this subsection.
(6)(a) A shelter care order issued pursuant to this section shall include
the requirement for a case conference as provided in RCW 13.34.067. However, if the parent is not present at the shelter care hearing, or does not agree
to the case conference, the court shall not include the requirement for the
case conference in the shelter care order.
(b) If the court orders a case conference, the shelter care order shall
include notice to all parties and establish the date, time, and location of the
case conference which shall be no later than thirty days before the fact-finding hearing.
(c) The court may order another conference, case staffing, or hearing as
an alternative to the case conference required under RCW 13.34.067 so long
as the conference, case staffing, or hearing ordered by the court meets all
requirements under RCW 13.34.067, including the requirement of a written
agreement specifying the services to be provided to the parent.
(7)(a) A shelter care order issued pursuant to this section may be
amended at any time with notice and hearing thereon. The shelter care decision of placement shall be modified only upon a showing of change in circumstances. No child may be placed in shelter care for longer than thirty
days without an order, signed by the judge, authorizing continued shelter
care.
(b)(i) An order releasing the child on any conditions specified in this
section may at any time be amended, with notice and hearing thereon, so as
to return the child to shelter care for failure of the parties to conform to the
conditions originally imposed.
(ii) The court shall consider whether nonconformance with any conditions resulted from circumstances beyond the control of the parent, guardian,
or legal custodian and give weight to that fact before ordering return of the
child to shelter care.
(8)(a) If a child is returned home from shelter care a second time in the
case, or if the supervisor of the caseworker deems it necessary, the multidisciplinary team may be reconvened.
(b) If a child is returned home from shelter care a second time in the
case a law enforcement officer must be present and file a report to the department. [2009 c 477 § 3; 2008 c 267 § 2; 2007 c 413 § 5; 2001 c 332 § 3; 2000
c 122 § 7.]
Findings—Intent—2009 c 477: See note following RCW 13.34.062.
[Title 13 RCW—page 42]
13.34.065
13.34.065 Shelter care—Hearing—Recommendation as to further
need—Release (as amended by 2009 c 491). (1)(a) When a child is taken
into custody, the court shall hold a shelter care hearing within seventy-two
hours, excluding Saturdays, Sundays, and holidays. The primary purpose of
the shelter care hearing is to determine whether the child can be immediately
and safely returned home while the adjudication of the dependency is pending.
(b) Any parent, guardian, or legal custodian who for good cause is
unable to attend the shelter care hearing may request that a subsequent shelter care hearing be scheduled. The request shall be made to the clerk of the
court where the petition is filed prior to the initial shelter care hearing. Upon
the request of the parent, the court shall schedule the hearing within seventytwo hours of the request, excluding Saturdays, Sundays, and holidays. The
clerk shall notify all other parties of the hearing by any reasonable means.
(2)(a) The department of social and health services shall submit a recommendation to the court as to the further need for shelter care in all cases in
which it is the petitioner. In all other cases, the recommendation shall be
submitted by the juvenile court probation counselor.
(b) All parties have the right to present testimony to the court regarding
the need or lack of need for shelter care.
(c) Hearsay evidence before the court regarding the need or lack of
need for shelter care must be supported by sworn testimony, affidavit, or
declaration of the person offering such evidence.
(3)(a) At the commencement of the hearing, the court shall notify the
parent, guardian, or custodian of the following:
(i) The parent, guardian, or custodian has the right to a shelter care
hearing;
(ii) The nature of the shelter care hearing, the rights of the parents, and
the proceedings that will follow; and
(iii) If the parent, guardian, or custodian is not represented by counsel,
the right to be represented. If the parent, guardian, or custodian is indigent,
the court shall appoint counsel as provided in RCW 13.34.090; and
(b) If a parent, guardian, or legal custodian desires to waive the shelter
care hearing, the court shall determine, on the record and with the parties
present, whether such waiver is knowing and voluntary. A parent may not
waive his or her right to the shelter care hearing unless he or she appears in
court and the court determines that the waiver is knowing and voluntary.
Regardless of whether the court accepts the parental waiver of the shelter
care hearing, the court must provide notice to the parents of their rights
required under (a) of this subsection and make the finding required under
subsection (4) of this section.
(4) At the shelter care hearing the court shall examine the need for shelter care and inquire into the status of the case. The paramount consideration
for the court shall be the health, welfare, and safety of the child. At a minimum, the court shall inquire into the following:
(a) Whether the notice required under RCW 13.34.062 was given to all
known parents, guardians, or legal custodians of the child. The court shall
make an express finding as to whether the notice required under RCW
13.34.062 was given to the parent, guardian, or legal custodian. If actual
notice was not given to the parent, guardian, or legal custodian and the
whereabouts of such person is known or can be ascertained, the court shall
order the supervising agency or the department of social and health services
to make reasonable efforts to advise the parent, guardian, or legal custodian
of the status of the case, including the date and time of any subsequent hearings, and their rights under RCW 13.34.090;
(b) Whether the child can be safely returned home while the adjudication of the dependency is pending;
(c) What efforts have been made to place the child with a relative. The
court shall ask the parents whether the department discussed with them the
placement of the child with a relative or other suitable person described in
RCW 13.34.130(1)(b) and shall determine what efforts have been made
toward such a placement;
(d) What services were provided to the family to prevent or eliminate
the need for removal of the child from the child’s home;
(e) Is the placement proposed by the agency the least disruptive and
most family-like setting that meets the needs of the child;
(f) Whether it is in the best interest of the child to remain enrolled in the
school, developmental program, or child care the child was in prior to placement and what efforts have been made to maintain the child in the school,
program, or child care if it would be in the best interest of the child to remain
in the same school, program, or child care;
(g) Appointment of a guardian ad litem or attorney;
(h) Whether the child is or may be an Indian child as defined in 25
U.S.C. Sec. 1903, whether the provisions of the Indian child welfare act
apply, and whether there is compliance with the Indian child welfare act,
including notice to the child’s tribe;
(2010 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
(i) Whether, as provided in RCW 26.44.063, restraining orders, or
orders expelling an allegedly abusive household member from the home of a
nonabusive parent, guardian, or legal custodian, will allow the child to safely
remain in the home;
(j) Whether any orders for examinations, evaluations, or immediate
services are needed. The court may not order a parent to undergo examinations, evaluation, or services at the shelter care hearing unless the parent
agrees to the examination, evaluation, or service;
(k) The terms and conditions for parental, sibling, and family visitation.
(5)(a) The court shall release a child alleged to be dependent to the
care, custody, and control of the child’s parent, guardian, or legal custodian
unless the court finds there is reasonable cause to believe that:
(i) After consideration of the specific services that have been provided,
reasonable efforts have been made to prevent or eliminate the need for
removal of the child from the child’s home and to make it possible for the
child to return home; and
(ii)(A) The child has no parent, guardian, or legal custodian to provide
supervision and care for such child; or
(B) The release of such child would present a serious threat of substantial harm to such child, notwithstanding an order entered pursuant to RCW
26.44.063; or
(C) The parent, guardian, or custodian to whom the child could be
released has been charged with violating RCW 9A.40.060 or 9A.40.070.
(b) If the court does not release the child to his or her parent, guardian,
or legal custodian, the court shall order placement with a relative or other
suitable person as described in RCW 13.34.130(1)(b), unless there is reasonable cause to believe the health, safety, or welfare of the child would be jeopardized or that the efforts to reunite the parent and child will be hindered.
The court must also determine whether placement with the relative or other
suitable person is in the child’s best interests. The relative or other suitable
person must be willing and available to:
(i) Care for the child and be able to meet any special needs of the child;
(ii) Facilitate the child’s visitation with siblings, if such visitation is
part of the supervising agency’s plan or is ordered by the court; and
(iii) Cooperate with the department in providing necessary background
checks and home studies.
(c) If the child was not initially placed with a relative or other suitable
person, and the court does not release the child to his or her parent, guardian,
or legal custodian, the supervising agency shall make reasonable efforts to
locate a relative or other suitable person pursuant to RCW 13.34.060(1).
(d) If a relative or other suitable person is not available, the court shall
order continued shelter care ((or order placement with another suitable person, and the court)) and shall set forth its reasons for the order. If the court
orders placement of the child with a person not related to the child and not
licensed to provide foster care, the placement is subject to all terms and conditions of this section that apply to relative placements.
(e) Any placement with a relative, or other suitable person approved by
the court pursuant to this section, shall be contingent upon cooperation with
the agency case plan and compliance with court orders related to the care and
supervision of the child including, but not limited to, court orders regarding
parent-child contacts, sibling contacts, and any other conditions imposed by
the court. Noncompliance with the case plan or court order is grounds for
removal of the child from the home of the relative or other suitable person,
subject to review by the court.
(f) Uncertainty by a parent, guardian, legal custodian, relative, or other
suitable person that the alleged abuser has in fact abused the child shall not,
alone, be the basis upon which a child is removed from the care of a parent,
guardian, or legal custodian under (a) of this subsection, nor shall it be a
basis, alone, to preclude placement with a relative or other suitable person
under (b) of this subsection ((or with another suitable person under (d) of this
subsection)).
(6)(a) A shelter care order issued pursuant to this section shall include
the requirement for a case conference as provided in RCW 13.34.067. However, if the parent is not present at the shelter care hearing, or does not agree
to the case conference, the court shall not include the requirement for the
case conference in the shelter care order.
(b) If the court orders a case conference, the shelter care order shall
include notice to all parties and establish the date, time, and location of the
case conference which shall be no later than thirty days before the fact-finding hearing.
(c) The court may order another conference, case staffing, or hearing as
an alternative to the case conference required under RCW 13.34.067 so long
as the conference, case staffing, or hearing ordered by the court meets all
requirements under RCW 13.34.067, including the requirement of a written
agreement specifying the services to be provided to the parent.
(2010 Ed.)
13.34.065
(7)(a) A shelter care order issued pursuant to this section may be
amended at any time with notice and hearing thereon. The shelter care decision of placement shall be modified only upon a showing of change in circumstances. No child may be placed in shelter care for longer than thirty
days without an order, signed by the judge, authorizing continued shelter
care.
(b)(i) An order releasing the child on any conditions specified in this
section may at any time be amended, with notice and hearing thereon, so as
to return the child to shelter care for failure of the parties to conform to the
conditions originally imposed.
(ii) The court shall consider whether nonconformance with any conditions resulted from circumstances beyond the control of the parent, guardian,
or legal custodian and give weight to that fact before ordering return of the
child to shelter care.
(8)(a) If a child is returned home from shelter care a second time in the
case, or if the supervisor of the caseworker deems it necessary, the multidisciplinary team may be reconvened.
(b) If a child is returned home from shelter care a second time in the
case a law enforcement officer must be present and file a report to the department. [2009 c 491 § 1; 2008 c 267 § 2; 2007 c 413 § 5; 2001 c 332 § 3; 2000
c 122 § 7.]
13.34.065
13.34.065 Shelter care—Hearing—Recommendation as to further
need—Case management by supervising agency, when appropriate—
Release (as amended by 2009 c 520). (1)(a) When a child is taken into custody, the court shall hold a shelter care hearing within seventy-two hours,
excluding Saturdays, Sundays, and holidays. The primary purpose of the
shelter care hearing is to determine whether the child can be immediately and
safely returned home while the adjudication of the dependency is pending.
(b) Any parent, guardian, or legal custodian who for good cause is
unable to attend the shelter care hearing may request that a subsequent shelter care hearing be scheduled. The request shall be made to the clerk of the
court where the petition is filed prior to the initial shelter care hearing. Upon
the request of the parent, the court shall schedule the hearing within seventytwo hours of the request, excluding Saturdays, Sundays, and holidays. The
clerk shall notify all other parties of the hearing by any reasonable means.
(2)(a) If it is likely that the child will remain in shelter care longer than
seventy-two hours, in those areas in which child welfare services are being
provided by a supervising agency, the supervising agency shall assume case
management responsibilities of the case. The department ((of social and
health services)) or supervising agency shall submit a recommendation to the
court as to the further need for shelter care in all cases in which ((it is the
petitioner)) the child will remain in shelter care longer than the seventy-two
hour period. In all other cases, the recommendation shall be submitted by the
juvenile court probation counselor.
(b) All parties have the right to present testimony to the court regarding
the need or lack of need for shelter care.
(c) Hearsay evidence before the court regarding the need or lack of
need for shelter care must be supported by sworn testimony, affidavit, or
declaration of the person offering such evidence.
(3)(a) At the commencement of the hearing, the court shall notify the
parent, guardian, or custodian of the following:
(i) The parent, guardian, or custodian has the right to a shelter care
hearing;
(ii) The nature of the shelter care hearing, the rights of the parents, and
the proceedings that will follow; and
(iii) If the parent, guardian, or custodian is not represented by counsel,
the right to be represented. If the parent, guardian, or custodian is indigent,
the court shall appoint counsel as provided in RCW 13.34.090; and
(b) If a parent, guardian, or legal custodian desires to waive the shelter
care hearing, the court shall determine, on the record and with the parties
present, whether such waiver is knowing and voluntary. A parent may not
waive his or her right to the shelter care hearing unless he or she appears in
court and the court determines that the waiver is knowing and voluntary.
Regardless of whether the court accepts the parental waiver of the shelter
care hearing, the court must provide notice to the parents of their rights
required under (a) of this subsection and make the finding required under
subsection (4) of this section.
(4) At the shelter care hearing the court shall examine the need for shelter care and inquire into the status of the case. The paramount consideration
for the court shall be the health, welfare, and safety of the child. At a minimum, the court shall inquire into the following:
(a) Whether the notice required under RCW 13.34.062 was given to all
known parents, guardians, or legal custodians of the child. The court shall
make an express finding as to whether the notice required under RCW
[Title 13 RCW—page 43]
13.34.067
Title 13 RCW: Juvenile Courts and Juvenile Offenders
13.34.062 was given to the parent, guardian, or legal custodian. If actual
notice was not given to the parent, guardian, or legal custodian and the
whereabouts of such person is known or can be ascertained, the court shall
order ((the supervising agency or)) the department ((of social and health services)) to make reasonable efforts to advise the parent, guardian, or legal
custodian of the status of the case, including the date and time of any subsequent hearings, and their rights under RCW 13.34.090;
(b) Whether the child can be safely returned home while the adjudication of the dependency is pending;
(c) What efforts have been made to place the child with a relative;
(d) What services were provided to the family to prevent or eliminate
the need for removal of the child from the child’s home;
(e) Is the placement proposed by the department or supervising agency
the least disruptive and most family-like setting that meets the needs of the
child;
(f) Whether it is in the best interest of the child to remain enrolled in the
school, developmental program, or child care the child was in prior to placement and what efforts have been made to maintain the child in the school,
program, or child care if it would be in the best interest of the child to remain
in the same school, program, or child care;
(g) Appointment of a guardian ad litem or attorney;
(h) Whether the child is or may be an Indian child as defined in 25
U.S.C. Sec. 1903, whether the provisions of the Indian child welfare act
apply, and whether there is compliance with the Indian child welfare act,
including notice to the child’s tribe;
(i) Whether, as provided in RCW 26.44.063, restraining orders, or
orders expelling an allegedly abusive household member from the home of a
nonabusive parent, guardian, or legal custodian, will allow the child to safely
remain in the home;
(j) Whether any orders for examinations, evaluations, or immediate
services are needed. The court may not order a parent to undergo examinations, evaluation, or services at the shelter care hearing unless the parent
agrees to the examination, evaluation, or service;
(k) The terms and conditions for parental, sibling, and family visitation.
(5)(a) The court shall release a child alleged to be dependent to the
care, custody, and control of the child’s parent, guardian, or legal custodian
unless the court finds there is reasonable cause to believe that:
(i) After consideration of the specific services that have been provided,
reasonable efforts have been made to prevent or eliminate the need for
removal of the child from the child’s home and to make it possible for the
child to return home; and
(ii)(A) The child has no parent, guardian, or legal custodian to provide
supervision and care for such child; or
(B) The release of such child would present a serious threat of substantial harm to such child, notwithstanding an order entered pursuant to RCW
26.44.063; or
(C) The parent, guardian, or custodian to whom the child could be
released has been charged with violating RCW 9A.40.060 or 9A.40.070.
(b) If the court does not release the child to his or her parent, guardian,
or legal custodian, the court shall order placement with a relative, unless
there is reasonable cause to believe the health, safety, or welfare of the child
would be jeopardized or that the efforts to reunite the parent and child will be
hindered. The relative must be willing and available to:
(i) Care for the child and be able to meet any special needs of the child;
(ii) Facilitate the child’s visitation with siblings, if such visitation is
part of the supervising agency’s plan or is ordered by the court; and
(iii) Cooperate with the department or supervising agency in providing
necessary background checks and home studies.
(c) If the child was not initially placed with a relative, and the court
does not release the child to his or her parent, guardian, or legal custodian,
the supervising agency shall make reasonable efforts to locate a relative pursuant to RCW 13.34.060(1).
(d) If a relative is not available, the court shall order continued shelter
care or order placement with another suitable person, and the court shall set
forth its reasons for the order. If the court orders placement of the child with
a person not related to the child and not licensed to provide foster care, the
placement is subject to all terms and conditions of this section that apply to
relative placements.
(e) Any placement with a relative, or other person approved by the
court pursuant to this section, shall be contingent upon cooperation with the
department’s or supervising agency’s case plan and compliance with court
orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts, sibling contacts, and any
other conditions imposed by the court. Noncompliance with the case plan or
[Title 13 RCW—page 44]
court order is grounds for removal of the child from the home of the relative
or other person, subject to review by the court.
(f) Uncertainty by a parent, guardian, legal custodian, relative, or other
suitable person that the alleged abuser has in fact abused the child shall not,
alone, be the basis upon which a child is removed from the care of a parent,
guardian, or legal custodian under (a) of this subsection, nor shall it be a
basis, alone, to preclude placement with a relative under (b) of this subsection or with another suitable person under (d) of this subsection.
(6)(a) A shelter care order issued pursuant to this section shall include
the requirement for a case conference as provided in RCW 13.34.067. However, if the parent is not present at the shelter care hearing, or does not agree
to the case conference, the court shall not include the requirement for the
case conference in the shelter care order.
(b) If the court orders a case conference, the shelter care order shall
include notice to all parties and establish the date, time, and location of the
case conference which shall be no later than thirty days before the fact-finding hearing.
(c) The court may order another conference, case staffing, or hearing as
an alternative to the case conference required under RCW 13.34.067 so long
as the conference, case staffing, or hearing ordered by the court meets all
requirements under RCW 13.34.067, including the requirement of a written
agreement specifying the services to be provided to the parent.
(7)(a) A shelter care order issued pursuant to this section may be
amended at any time with notice and hearing thereon. The shelter care decision of placement shall be modified only upon a showing of change in circumstances. No child may be placed in shelter care for longer than thirty
days without an order, signed by the judge, authorizing continued shelter
care.
(b)(i) An order releasing the child on any conditions specified in this
section may at any time be amended, with notice and hearing thereon, so as
to return the child to shelter care for failure of the parties to conform to the
conditions originally imposed.
(ii) The court shall consider whether nonconformance with any conditions resulted from circumstances beyond the control of the parent, guardian,
or legal custodian and give weight to that fact before ordering return of the
child to shelter care.
(8)(a) If a child is returned home from shelter care a second time in the
case, or if the supervisor of the caseworker deems it necessary, the multidisciplinary team may be reconvened.
(b) If a child is returned home from shelter care a second time in the
case a law enforcement officer must be present and file a report to the department. [2009 c 520 § 22; 2008 c 267 § 2; 2007 c 413 § 5; 2001 c 332 § 3; 2000
c 122 § 7.]
Reviser’s note: RCW 13.34.065 was amended four times during the
2009 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Severability—2007 c 413: See note following RCW 13.34.215.
13.34.067 Shelter care—Case conference—Service
agreement. (1)(a) Following shelter care and no later than
thirty days prior to fact-finding, the department or supervising agency shall convene a case conference as required in the
shelter care order to develop and specify in a written service
agreement the expectations of both the department or supervising agency and the parent regarding voluntary services for
the parent.
(b) The case conference shall include the parent, counsel
for the parent, caseworker, counsel for the state, guardian ad
litem, counsel for the child, and any other person agreed upon
by the parties. Once the shelter care order is entered, the
department or supervising agency is not required to provide
additional notice of the case conference to any participants in
the case conference.
(c) The written service agreement expectations must correlate with the court’s findings at the shelter care hearing.
The written service agreement must set forth specific services
to be provided to the parent.
(d) The case conference agreement must be agreed to
and signed by the parties. The court shall not consider the
13.34.067
(2010 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
content of the discussions at the case conference at the time
of the fact-finding hearing for the purposes of establishing
that the child is a dependent child, and the court shall not consider any documents or written materials presented at the
case conference but not incorporated into the case conference
agreement, unless the documents or written materials were
prepared for purposes other than or as a result of the case conference and are otherwise admissible under the rules of evidence.
(2) At any other stage in a dependency proceeding, the
department or supervising agency, upon the parent’s request,
shall convene a case conference. [2009 c 520 § 23; 2004 c
147 § 1; 2001 c 332 § 1.]
Effective date—2004 c 147: "This act takes effect July 1, 2004." [2004
c 147 § 5.]
13.34.069 Shelter care—Order and authorization of
health care and education records. If a child is placed in
the custody of the department of social and health services or
other supervising agency, immediately following the shelter
care hearing, an order and authorization regarding health care
and education records for the child shall be entered. The
order shall:
(1) Provide the department or other supervising agency
with the right to inspect and copy all health, medical, mental
health, and education records of the child;
(2) Authorize and direct any agency, hospital, doctor,
nurse, dentist, orthodontist, or other health care provider,
therapist, drug or alcohol treatment provider, psychologist,
psychiatrist, or mental health clinic, or health or medical
records custodian or document management company, or
school or school organization to permit the department or
other supervising agency to inspect and to obtain copies of
any records relating to the child involved in the case, without
the further consent of the parent or guardian of the child; and
(3) Grant the department or other supervising agency or
its designee the authority and responsibility, where applicable, to:
(a) Notify the child’s school that the child is in out-ofhome placement;
(b) Enroll the child in school;
(c) Request the school transfer records;
(d) Request and authorize evaluation of special needs;
(e) Attend parent or teacher conferences;
(f) Excuse absences;
(g) Grant permission for extracurricular activities;
(h) Authorize medications which need to be administered during school hours and sign for medical needs that
arise during school hours; and
(i) Complete or update school emergency records.
Access to records under this section is subject to the
child’s consent where required by other state and federal
laws. [2007 c 409 § 2.]
13.34.069
Effective date—2007 c 409: See note following RCW 13.34.096.
13.34.070 Summons when petition filed—Service
procedure—Hearing, when—Contempt upon failure to
appear—Required notice regarding Indian children. (1)
Upon the filing of the petition, the clerk of the court shall
issue a summons, one directed to the child, if the child is
twelve or more years of age, and another to the parents,
13.34.070
(2010 Ed.)
13.34.070
guardian, or custodian, and such other persons as appear to
the court to be proper or necessary parties to the proceedings,
requiring them to appear personally before the court at the
time fixed to hear the petition. If the child is developmentally
disabled and not living at home, the notice shall be given to
the child’s custodian as well as to the child’s parent. The
developmentally disabled child shall not be required to
appear unless requested by the court. When the custodian is
summoned, the parent or guardian or both shall also be
served with a summons. The fact-finding hearing on the petition shall be held no later than seventy-five days after the filing of the petition, unless exceptional reasons for a continuance are found. The party requesting the continuance shall
have the burden of proving by a preponderance of the evidence that exceptional circumstances exist. To ensure that
the hearing on the petition occurs within the seventy-five day
time limit, the court shall schedule and hear the matter on an
expedited basis.
(2) A copy of the petition shall be attached to each summons.
(3) The summons shall advise the parties of the right to
counsel. The summons shall also inform the child’s parent,
guardian, or legal custodian of his or her right to appointed
counsel, if indigent, and of the procedure to use to secure
appointed counsel.
(4) The summons shall advise the parents that they may
be held responsible for the support of the child if the child is
placed in out-of-home care.
(5) The judge may endorse upon the summons an order
directing any parent, guardian, or custodian having the custody or control of the child to bring the child to the hearing.
(6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the child needs to be taken
into custody pursuant to RCW 13.34.050, the judge may
endorse upon the summons an order that an officer serving
the summons shall at once take the child into custody and
take him or her to the place of shelter designated by the court.
(7) If the person summoned as provided in this section is
subject to an order of the court pursuant to subsection (5) or
(6) of this section, and if the person fails to abide by the order,
he or she may be proceeded against as for contempt of court.
The order endorsed upon the summons shall conspicuously
display the following legend:
NOTICE:
VIOLATION OF THIS ORDER
IS SUBJECT TO PROCEEDING
FOR CONTEMPT OF COURT
PURSUANT TO RCW 13.34.070.
(8) If a party to be served with a summons can be found
within the state, the summons shall be served upon the party
personally as soon as possible following the filing of the petition, but in no case later than fifteen court days before the
fact-finding hearing, or such time as set by the court. If the
party is within the state and cannot be personally served, but
the party’s address is known or can with reasonable diligence
be ascertained, the summons may be served upon the party by
mailing a copy by certified mail as soon as possible following
the filing of the petition, but in no case later than fifteen court
days before the hearing, or such time as set by the court. If a
party other than the child is without the state but can be found
[Title 13 RCW—page 45]
13.34.080
Title 13 RCW: Juvenile Courts and Juvenile Offenders
or the address is known, or can with reasonable diligence be
ascertained, service of the summons may be made either by
delivering a copy to the party personally or by mailing a copy
thereof to the party by certified mail at least ten court days
before the fact-finding hearing, or such time as set by the
court.
(9) Service of summons may be made under the direction
of the court by any person eighteen years of age or older who
is not a party to the proceedings or by any law enforcement
officer, probation counselor, or department employee.
(10)(a) Whenever the court or the petitioning party in a
proceeding under this chapter knows or has reason to know
that an Indian child is involved, the petitioning party shall
promptly provide notice to the child’s parent or Indian custodian and to the agent designated by the child’s Indian tribe to
receive such notices. Notice shall be by certified mail with
return receipt requested. If the identity or location of the parent or Indian custodian and the tribe cannot be determined,
notice shall be given to the secretary of the interior in the
manner described in 25 C.F.R. 23.11. If the child may be a
member of more than one tribe, the petitioning party shall
send notice to all tribes the petitioner has reason to know may
be affiliated with the child.
(b) The notice shall: (i) Contain a statement notifying
the parent or custodian and the tribe of the pending proceeding; and (ii) notify the tribe of the tribe’s right to intervene
and/or request that the case be transferred to tribal court.
[2004 c 64 § 4; 2000 c 122 § 8; 1993 c 358 § 1; 1990 c 246 §
2; 1988 c 194 § 2; 1983 c 311 § 3; 1983 c 3 § 16; 1979 c 155
§ 40; 1977 ex.s. c 291 § 35; 1913 c 160 § 6; RRS § 1987-6.
Formerly RCW 13.04.070.]
Legislative finding—1983 c 311: See note following RCW 13.34.030.
Additional notes found at www.leg.wa.gov
13.34.080 Summons when petition filed—Publication of notice. (1) The court shall direct the clerk to publish
notice in a legal newspaper printed in the county, qualified to
publish summons, once a week for three consecutive weeks,
with the first publication of the notice to be at least twentyfive days prior to the date fixed for the hearing when it
appears by the petition or verified statement that:
(a)(i) The parent or guardian is a nonresident of this
state; or
(ii) The name or place of residence or whereabouts of the
parent or guardian is unknown; and
(b) After due diligence, the person attempting service of
the summons or notice provided for in RCW 13.34.070 has
been unable to make service, and a copy of the notice has
been deposited in the post office, postage prepaid, directed to
such person at his or her last known place of residence. If the
parent, guardian, or legal custodian is believed to be a resident of another state or a county other than the county in
which the petition has been filed, notice also shall be published in the county in which the parent, guardian, or legal
custodian is believed to reside.
(2) Publication may proceed simultaneously with efforts
to provide service in person or by mail, when the court determines there is reason to believe that service in person or by
mail will not be successful. Notice shall be directed to the
parent, parents, or other person claiming the right to the cus13.34.080
[Title 13 RCW—page 46]
tody of the child, if their names are known. If their names are
unknown, the phrase "To whom it may concern" shall be
used, apply to, and be binding upon, those persons whose
names are unknown. The name of the court, the name of the
child (or children if of one family), the date of the filing of the
petition, the date of hearing, and the object of the proceeding
in general terms shall be set forth. There shall be filed with
the clerk an affidavit showing due publication of the notice.
The cost of publication shall be paid by the county at a rate
not greater than the rate paid for other legal notices. The publication of notice shall be deemed equivalent to personal service upon all persons, known or unknown, who have been
designated as provided in this section. [2000 c 122 § 9; 1990
c 246 § 3; 1988 c 201 § 1; 1979 c 155 § 41; 1977 ex.s. c 291
§ 36; 1961 c 302 § 4; 1913 c 160 § 7; RRS § 1987-7. Formerly RCW 13.04.080.]
Additional notes found at www.leg.wa.gov
13.34.090
13.34.090 Rights under chapter proceedings. (1) Any
party has a right to be represented by an attorney in all proceedings under this chapter, to introduce evidence, to be
heard in his or her own behalf, to examine witnesses, to
receive a decision based solely on the evidence adduced at
the hearing, and to an unbiased fact finder.
(2) At all stages of a proceeding in which a child is
alleged to be dependent, the child’s parent, guardian, or legal
custodian has the right to be represented by counsel, and if
indigent, to have counsel appointed for him or her by the
court. Unless waived in court, counsel shall be provided to
the child’s parent, guardian, or legal custodian, if such person
(a) has appeared in the proceeding or requested the court to
appoint counsel and (b) is financially unable to obtain counsel because of indigency.
(3) If a party to an action under this chapter is represented by counsel, no order shall be provided to that party for
his or her signature without prior notice and provision of the
order to counsel.
(4) Copies of department of social and health services or
supervising agency records to which parents have legal
access pursuant to chapter 13.50 RCW shall be given to the
child’s parent, guardian, legal custodian, or his or her legal
counsel, prior to any shelter care hearing and within fifteen
days after the department or supervising agency receives a
written request for such records from the parent, guardian,
legal custodian, or his or her legal counsel. These records
shall be provided to the child’s parents, guardian, legal custodian, or legal counsel a reasonable period of time prior to the
shelter care hearing in order to allow an opportunity to review
the records prior to the hearing. These records shall be legible
and shall be provided at no expense to the parents, guardian,
legal custodian, or his or her counsel. When the records are
served on legal counsel, legal counsel shall have the opportunity to review the records with the parents and shall review
the records with the parents prior to the shelter care hearing.
[2000 c 122 § 10. Prior: 1998 c 328 § 3; 1998 c 141 § 1; 1990
c 246 § 4; 1979 c 155 § 42; 1977 ex.s. c 291 § 37.]
Notice of rights: RCW 26.44.105.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
13.34.092 Rights under chapter proceedings—
Appointment of counsel—Notice. At the commencement
of the shelter care hearing the court shall advise the parties of
basic rights as provided in RCW 13.34.090 and appoint counsel pursuant to RCW 13.34.090 if the parent or guardian is
indigent unless counsel has been retained by the parent or
guardian or the court finds that the right to counsel has been
expressly and voluntarily waived in court. [2000 c 122 § 6.]
13.34.092
13.34.094 Description of services provided to parents. The department, or supervising agency after the shelter
care hearing, shall, within existing resources, provide to parents requesting or participating in a multidisciplinary team,
family group conference, case conference, or prognostic
staffing information that describes these processes prior to
the processes being undertaken. [2009 c 520 § 24; 2004 c
147 § 3; 2001 c 332 § 6.]
13.34.094
Effective date—2004 c 147: See note following RCW 13.34.067.
13.34.096 Right to be heard—Notice. The department
or supervising agency shall provide the child’s foster parents,
preadoptive parents, or other caregivers with notice of their
right to be heard prior to each proceeding held with respect to
the child in juvenile court under this chapter. The rights to
notice and to be heard apply only to persons with whom a
child has been placed by the department before shelter care or
supervising agency and who are providing care to the child at
the time of the proceeding. This section shall not be construed to grant party status to any person solely on the basis
of such notice and right to be heard. [2009 c 520 § 25; 2007
c 409 § 1.]
13.34.096
Effective date—2007 c 409: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007."
[2007 c 409 § 8.]
13.34.100 Appointment of guardian ad litem—Backg r o u nd in f o r m a t io n —R ig h t s —N o t if i ca t io n a n d
inquiry—Appointment of counsel for child—Review. (1)
The court shall appoint a guardian ad litem for a child who is
the subject of an action under this chapter, unless a court for
good cause finds the appointment unnecessary. The requirement of a guardian ad litem may be deemed satisfied if the
child is represented by independent counsel in the proceedings. The court shall attempt to match a child with special
needs with a guardian ad litem who has specific training or
education related to the child’s individual needs.
(2) If the court does not have available to it a guardian ad
litem program with a sufficient number of volunteers, the
court may appoint a suitable person to act as guardian ad
litem for the child under this chapter. Another party to the
proceeding or the party’s employee or representative shall
not be so appointed.
(3) Each guardian ad litem program shall maintain a
background information record for each guardian ad litem in
the program. The background information record shall
include, but is not limited to, the following information:
(a) Level of formal education;
(b) General training related to the guardian ad litem’s
duties;
13.34.100
(2010 Ed.)
13.34.100
(c) Specific training related to issues potentially faced by
children in the dependency system;
(d) Specific training or education related to child disability or developmental issues;
(e) Number of years’ experience as a guardian ad litem;
(f) Number of appointments as a guardian ad litem and
the county or counties of appointment;
(g) The names of any counties in which the person was
removed from a guardian ad litem registry pursuant to a
grievance action, and the name of the court and the cause
number of any case in which the court has removed the person for cause;
(h) Founded allegations of abuse or neglect as defined in
RCW 26.44.020;
(i) The results of an examination of state and national
criminal identification data. The examination shall consist of
a background check as allowed through the Washington state
criminal records privacy act under RCW 10.97.050, the
Washington state patrol criminal identification system under
RCW 43.43.832 through 43.43.834, and the federal bureau of
investigation. The background check shall be done through
the Washington state patrol criminal identification section
and must include a national check from the federal bureau of
investigation based on the submission of fingerprints; and
(j) Criminal history, as defined in RCW 9.94A.030, for
the period covering ten years prior to the appointment.
The background information record shall be updated
annually. As a condition of appointment, the guardian ad
litem’s background information record shall be made available to the court. If the appointed guardian ad litem is not a
member of a guardian ad litem program a suitable person
appointed by the court to act as guardian ad litem shall provide the background information record to the court.
Upon appointment, the guardian ad litem, or guardian ad
litem program, shall provide the parties or their attorneys
with a copy of the background information record. The portion of the background information record containing the
results of the criminal background check and the criminal
history shall not be disclosed to the parties or their attorneys.
The background information record shall not include identifying information that may be used to harm a guardian ad
litem, such as home addresses and home telephone numbers,
and for volunteer guardians ad litem the court may allow the
use of maiden names or pseudonyms as necessary for their
safety.
(4) The appointment of the guardian ad litem shall
remain in effect until the court discharges the appointment or
no longer has jurisdiction, whichever comes first. The guardian ad litem may also be discharged upon entry of an order of
guardianship.
(5) A guardian ad litem through counsel, or as otherwise
authorized by the court, shall have the right to present evidence, examine and cross-examine witnesses, and to be
present at all hearings. A guardian ad litem shall receive copies of all pleadings and other documents filed or submitted to
the court, and notice of all hearings according to court rules.
The guardian ad litem shall receive all notice contemplated
for a parent or other party in all proceedings under this chapter.
(6)(a) Pursuant to this subsection, the department or
supervising agency and the child’s guardian ad litem shall
[Title 13 RCW—page 47]
13.34.102
Title 13 RCW: Juvenile Courts and Juvenile Offenders
each notify a child of his or her right to request counsel and
shall ask the child whether he or she wishes to have counsel.
The department or supervising agency and the child’s guardian ad litem shall notify the child and make this inquiry
immediately after:
(i) The date of the child’s twelfth birthday;
(ii) Assignment of a case involving a child age twelve or
older; or
(iii) July 1, 2010, for a child who turned twelve years old
before July 1, 2010.
(b) The department or supervising agency and the child’s
guardian ad litem shall repeat the notification and inquiry at
least annually and upon the filing of any motion or petition
affecting the child’s placement, services, or familial relationships.
(c) The notification and inquiry is not required if the
child has already been appointed counsel.
(d) The department or supervising agency shall note in
the child’s individual service and safety plan, and the guardian ad litem shall note in his or her report to the court, that the
child was notified of the right to request counsel and indicate
the child’s position regarding appointment of counsel.
(e) At the first regularly scheduled hearing after:
(i) The date of the child’s twelfth birthday;
(ii) The date that a dependency petition is filed pursuant
to this chapter on a child age twelve or older; or
(iii) July 1, 2010, for a child who turned twelve years old
before July 1, 2010;
the court shall inquire whether the child has received notice
of his or her right to request legal counsel from the department or supervising agency and the child’s guardian ad litem.
The court shall make an additional inquiry at the first regularly scheduled hearing after the child’s fifteenth birthday.
No inquiry is necessary if the child has already been
appointed counsel.
(f) If the child requests legal counsel and is age twelve or
older, or if the guardian ad litem or the court determines that
the child needs to be independently represented by counsel,
the court may appoint an attorney to represent the child’s
position.
(7) For the purposes of child abuse prevention and treatment act (42 U.S.C. Secs. 5101 et seq.) grants to this state
under P.L. 93-247, or any related state or federal legislation,
a person appointed pursuant to this section shall be deemed a
guardian ad litem to represent the best interests of the minor
in proceedings before the court.
(8) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program
shall give the court the name of the person it recommends.
The program shall attempt to match a child with special needs
with a guardian ad litem who has specific training or education related to the child’s individual needs. The court shall
immediately appoint the person recommended by the program.
(9) If a party in a case reasonably believes the courtappointed special advocate or volunteer guardian ad litem is
inappropriate or unqualified, the party may request a review
of the appointment by the program. The program must complete the review within five judicial days and remove any
appointee for good cause. If the party seeking the review is
not satisfied with the outcome of the review, the party may
[Title 13 RCW—page 48]
file a motion with the court for the removal of the courtappointed special advocate or volunteer guardian ad litem on
the grounds the advocate or volunteer is inappropriate or
unqualified. [2010 c 180 § 2; 2009 c 480 § 2; 2000 c 124 § 2;
1996 c 249 § 13; 1994 c 110 § 2; 1993 c 241 § 2; 1988 c 232
§ 1; 1979 c 155 § 43; 1977 ex.s. c 291 § 38.]
Findings—2010 c 180: "(1) The legislature recognizes that inconsistent practices in and among counties in Washington have resulted in few
children being notified of their right to request legal counsel in their dependency and termination proceedings under RCW 13.34.100.
(2) The legislature recognizes that when children are provided attorneys in their dependency and termination proceedings, it is imperative to
provide them with well-trained advocates so that their legal rights around
health, safety, and well-being are protected. Attorneys, who have different
skills and obligations than guardians ad litem and court-appointed special
advocates, especially in forming a confidential and privileged relationship
with a child, should be trained in meaningful and effective child advocacy,
the child welfare system and services available to a child client, child and
adolescent brain development, child and adolescent mental health, and the
distinct legal rights of dependent youth, among other things. Well-trained
attorneys can provide legal counsel to a child on issues such as placement
options, visitation rights, educational rights, access to services while in care
and services available to a child upon aging out of care. Well-trained attorneys for a child can:
(a) Ensure the child’s voice is considered in judicial proceedings;
(b) Engage the child in his or her legal proceedings;
(c) Explain to the child his or her legal rights;
(d) Assist the child, through the attorney’s counseling role, to consider
the consequences of different decisions; and
(e) Encourage accountability, when appropriate, among the different
systems that provide services to children." [2010 c 180 § 1.]
Grievance rules—2000 c 124: See note following RCW 11.88.090.
Intent—1996 c 249: See note following RCW 2.56.030.
Additional notes found at www.leg.wa.gov
13.34.102 Guardian ad litem—Training—Registry—Selection—Substitution—Exception. (1) All guardians ad litem must comply with the training requirements
established under RCW 2.56.030(15), prior to their appointment in cases under Title 13 RCW, except that volunteer
guardians ad litem or court-appointed special advocates may
comply with alternative training requirements approved by
the administrative office of the courts that meet or exceed the
statewide requirements.
(2)(a) Each guardian ad litem program for compensated
guardians ad litem shall establish a rotational registry system
for the appointment of guardians ad litem. If a judicial district does not have a program the court shall establish the
rotational registry system. Guardians ad litem shall be
selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of
a guardian ad litem from the registry.
(b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the
registry and given to the parties along with the background
information as specified in RCW 13.34.100(3), including
their hourly rate for services. Each party may, within three
judicial days, strike one name from the list. If more than one
name remains on the list, the court shall make the appointment from the names on the list. In the event all three names
are stricken the person whose name appears next on the registry shall be appointed.
(c) If a party reasonably believes that the appointed
guardian ad litem lacks the necessary expertise for the pro13.34.102
(2010 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
ceeding, charges an hourly rate higher than what is reasonable for the particular proceeding, or has a conflict of interest,
the party may, within three judicial days from the appointment, move for substitution of the appointed guardian ad
litem by filing a motion with the court.
(d) The superior court shall remove any person from the
guardian ad litem registry who misrepresents his or her qualifications pursuant to a grievance procedure established by
the court.
(3) The rotational registry system shall not apply to
court-appointed special advocate programs. [2005 c 282 §
26; 2000 c 124 § 3; 1997 c 41 § 6; 1996 c 249 § 17.]
Intent—1996 c 249: See note following RCW 2.56.030.
13.34.105 Guardian ad litem—Duties—Immunity—
Access to information. (1) Unless otherwise directed by the
court, the duties of the guardian ad litem for a child subject to
a proceeding under this chapter, including an attorney specifically appointed by the court to serve as a guardian ad litem,
include but are not limited to the following:
(a) To investigate, collect relevant information about the
child’s situation, and report to the court factual information
regarding the best interests of the child;
(b) To meet with, interview, or observe the child,
depending on the child’s age and developmental status, and
report to the court any views or positions expressed by the
child on issues pending before the court;
(c) To monitor all court orders for compliance and to
bring to the court’s attention any change in circumstances
that may require a modification of the court’s order;
(d) To report to the court information on the legal status
of a child’s membership in any Indian tribe or band;
(e) Court-appointed special advocates and guardians ad
litem may make recommendations based upon an independent investigation regarding the best interests of the child,
which the court may consider and weigh in conjunction with
the recommendations of all of the parties;
(f) To represent and be an advocate for the best interests
of the child; and
(g) To inform the child, if the child is twelve years old or
older, of his or her right to request counsel and to ask the
child whether he or she wishes to have counsel, pursuant to
RCW 13.34.100(6). The guardian ad litem shall report to the
court that the child was notified of this right and indicate the
child’s position regarding appointment of counsel. The
guardian ad litem shall report to the court his or her independent recommendation as to whether appointment of counsel
is in the best interest of the child.
(2) A guardian ad litem shall be deemed an officer of the
court for the purpose of immunity from civil liability.
(3) Except for information or records specified in RCW
13.50.100(7), the guardian ad litem shall have access to all
information available to the state or agency on the case.
Upon presentation of the order of appointment by the guardian ad litem, any agency, hospital, school organization, division or department of the state, doctor, nurse, or other health
care provider, psychologist, psychiatrist, police department,
or mental health clinic shall permit the guardian ad litem to
inspect and copy any records relating to the child or children
involved in the case, without the consent of the parent or
13.34.105
(2010 Ed.)
13.34.110
guardian of the child, or of the child if the child is under the
age of thirteen years, unless such access is otherwise specifically prohibited by law.
(4) A guardian ad litem may release confidential information, records, and reports to the office of the family and
children’s ombudsman for the purposes of carrying out its
duties under chapter 43.06A RCW.
(5) The guardian ad litem shall release case information
in accordance with the provisions of RCW 13.50.100. [2010
c 180 § 3; 2008 c 267 § 13; 2000 c 124 § 4; 1999 c 390 § 2;
1993 c 241 § 3.]
Findings—2010 c 180: See note following RCW 13.34.100.
Additional notes found at www.leg.wa.gov
13.34.107 Guardian ad litem—Ex parte communications—Removal. A guardian ad litem or court-appointed
special advocate shall not engage in ex parte communications
with any judicial officer involved in the matter for which he
or she is appointed during the pendency of the proceeding,
except as permitted by court rule or statute for ex parte
motions. Ex parte motions shall be heard in open court on the
record. The record may be preserved in a manner deemed
appropriate by the county where the matter is heard. The
court, upon its own motion, or upon the motion of a party,
may consider the removal of any guardian ad litem or courtappointed special advocate who violates this section from
any pending case or from any court-authorized registry, and
if so removed may require forfeiture of any fees for professional services on the pending case. [2000 c 124 § 11.]
13.34.107
13.34.108 Guardian ad litem—Fees. The court shall
specify the hourly rate the guardian ad litem may charge for
his or her services, and shall specify the maximum amount
the guardian ad litem may charge without additional court
review and approval. The court shall specify rates and fees in
the order of appointment or at the earliest date the court is
able to determine the appropriate rates and fees and prior to
the guardian ad litem billing for his or her services. This section shall apply except as provided by local court rule. [2000
c 124 § 14.]
13.34.108
13.34.110 Hearings—Fact-finding and disposition—
Time and place, notice. (1) The court shall hold a fact-finding hearing on the petition and, unless the court dismisses the
petition, shall make written findings of fact, stating the reasons therefor. The rules of evidence shall apply at the factfinding hearing and the parent, guardian, or legal custodian of
the child shall have all of the rights provided in RCW
13.34.090(1). The petitioner shall have the burden of establishing by a preponderance of the evidence that the child is
dependent within the meaning of RCW 13.34.030.
(2) The court in a fact-finding hearing may consider the
history of past involvement of child protective services or
law enforcement agencies with the family for the purpose of
establishing a pattern of conduct, behavior, or inaction with
regard to the health, safety, or welfare of the child on the part
of the child’s parent, guardian, or legal custodian, or for the
purpose of establishing that reasonable efforts have been
made by the department to prevent or eliminate the need for
removal of the child from the child’s home. No report of
13.34.110
[Title 13 RCW—page 49]
13.34.115
Title 13 RCW: Juvenile Courts and Juvenile Offenders
child abuse or neglect that has been destroyed or expunged
under RCW 26.44.031 may be used for such purposes.
(3)(a) The parent, guardian, or legal custodian of the
child may waive his or her right to a fact-finding hearing by
stipulating or agreeing to the entry of an order of dependency
establishing that the child is dependent within the meaning of
RCW 13.34.030. The parent, guardian, or legal custodian
may also stipulate or agree to an order of disposition pursuant
to RCW 13.34.130 at the same time. Any stipulated or
agreed order of dependency or disposition must be signed by
the parent, guardian, or legal custodian and his or her attorney, unless the parent, guardian, or legal custodian has
waived his or her right to an attorney in open court, and by the
petitioner and the attorney, guardian ad litem, or courtappointed special advocate for the child, if any. If the department of social and health services is not the petitioner and is
required by the order to supervise the placement of the child
or provide services to any party, the department must also
agree to and sign the order.
(b) Entry of any stipulated or agreed order of dependency or disposition is subject to approval by the court. The
court shall receive and review a social study before entering
a stipulated or agreed order and shall consider whether the
order is consistent with the allegations of the dependency
petition and the problems that necessitated the child’s placement in out-of-home care. No social file or social study may
be considered by the court in connection with the fact-finding
hearing or prior to factual determination, except as otherwise
admissible under the rules of evidence.
(c) Prior to the entry of any stipulated or agreed order of
dependency, the parent, guardian, or legal custodian of the
child and his or her attorney must appear before the court and
the court within available resources must inquire and establish on the record that:
(i) The parent, guardian, or legal custodian understands
the terms of the order or orders he or she has signed, including his or her responsibility to participate in remedial services
as provided in any disposition order;
(ii) The parent, guardian, or legal custodian understands
that entry of the order starts a process that could result in the
filing of a petition to terminate his or her relationship with the
child within the time frames required by state and federal law
if he or she fails to comply with the terms of the dependency
or disposition orders or fails to substantially remedy the problems that necessitated the child’s placement in out-of-home
care;
(iii) The parent, guardian, or legal custodian understands
that the entry of the stipulated or agreed order of dependency
is an admission that the child is dependent within the meaning of RCW 13.34.030 and shall have the same legal effect as
a finding by the court that the child is dependent by at least a
preponderance of the evidence, and that the parent, guardian,
or legal custodian shall not have the right in any subsequent
proceeding for termination of parental rights or dependency
guardianship pursuant to this chapter or nonparental custody
pursuant to chapter 26.10 RCW to challenge or dispute the
fact that the child was found to be dependent; and
(iv) The parent, guardian, or legal custodian knowingly
and willingly stipulated and agreed to and signed the order or
orders, without duress, and without misrepresentation or
fraud by any other party.
[Title 13 RCW—page 50]
If a parent, guardian, or legal custodian fails to appear
before the court after stipulating or agreeing to entry of an
order of dependency, the court may enter the order upon a
finding that the parent, guardian, or legal custodian had
actual notice of the right to appear before the court and chose
not to do so. The court may require other parties to the order,
including the attorney for the parent, guardian, or legal custodian, to appear and advise the court of the parent’s, guardian’s, or legal custodian’s notice of the right to appear and
understanding of the factors specified in this subsection. A
parent, guardian, or legal custodian may choose to waive his
or her presence at the in-court hearing for entry of the stipulated or agreed order of dependency by submitting to the
court through counsel a completed stipulated or agreed
dependency fact-finding/disposition statement in a form
determined by the Washington state supreme court pursuant
to General Rule GR 9.
(4) Immediately after the entry of the findings of fact, the
court shall hold a disposition hearing, unless there is good
cause for continuing the matter for up to fourteen days. If
good cause is shown, the case may be continued for longer
than fourteen days. Notice of the time and place of the continued hearing may be given in open court. If notice in open
court is not given to a party, that party shall be notified by
certified mail of the time and place of any continued hearing.
Unless there is reasonable cause to believe the health, safety,
or welfare of the child would be jeopardized or efforts to
reunite the parent and child would be hindered, the court shall
direct the department to notify those adult persons who: (a)
Are related by blood or marriage to the child in the following
degrees: Parent, grandparent, brother, sister, stepparent,
stepbrother, stepsister, uncle, or aunt; (b) are known to the
department as having been in contact with the family or child
within the past twelve months; and (c) would be an appropriate placement for the child. Reasonable cause to dispense
with notification to a parent under this section must be proved
by clear, cogent, and convincing evidence.
The parties need not appear at the fact-finding or dispositional hearing if the parties, their attorneys, the guardian ad
litem, and court-appointed special advocates, if any, are all in
agreement. [2007 c 220 § 9; 2001 c 332 § 7; 2000 c 122 § 11.
Prior: 1995 c 313 § 1; 1995 c 311 § 27; 1993 c 412 § 7; 1991
c 340 § 3; 1983 c 311 § 4; 1979 c 155 § 44; 1977 ex.s. c 291
§ 39; 1961 c 302 § 5; prior: 1913 c 160 § 10, part; RCW
13.04.090, part. Formerly RCW 13.04.091.]
Legislative finding—1983 c 311: See note following RCW 13.34.030.
Additional notes found at www.leg.wa.gov
13.34.115
13.34.115 Hearings—Public excluded when in the
best interests of the child—Notes and records—Video
recordings. (1) All hearings shall be public, and conducted
at any time or place within the limits of the county, except if
the judge finds that excluding the public is in the best interests of the child.
(2) Either parent, or the child’s attorney or guardian ad
litem, may move to close a hearing at any time. If the judge
finds that it is in the best interests of the child the court shall
exclude the public.
(2010 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
(3) If the public is excluded from the hearing, the following people may attend the closed hearing unless the judge
finds it is not in the best interests of the child:
(a) The child’s relatives;
(b) The child’s foster parents if the child resides in foster
care; and
(c) Any person requested by the parent.
(4) Stenographic notes or any device which accurately
records the proceedings may be required as provided in other
civil cases pursuant to RCW 2.32.200.
(5) Any video recording of the proceedings may be
released pursuant to RCW 13.50.100, however, the video
recording may not be televised, broadcast, or further disseminated to the public. [2003 c 228 § 1; 2000 c 122 § 12.]
13.34.120 Social study and reports made available at
disposition hearing—Contents—Notice to parents. (1) To
aid the court in its decision on disposition, a social study shall
be made by the person or agency filing the petition. A parent
may submit a counselor’s or health care provider’s evaluation
of the parent, which shall either be included in the social
study or considered in conjunction with the social study. The
study shall include all social files and may also include facts
relating to the child’s cultural heritage, and shall be made
available to the court. The court shall consider the social file,
social study, guardian ad litem report, the court-appointed
special advocate’s report, if any, and any reports filed by a
party at the disposition hearing in addition to evidence produced at the fact-finding hearing. At least ten working days
before the disposition hearing, the department shall mail to
the parent and his or her attorney a copy of the agency’s
social study and proposed service plan, which shall be in
writing or in a form understandable to the parents or custodians. In addition, the department shall provide an opportunity
for parents to review and comment on the plan at the local
office closest to the parents’ residence. If the parents disagree
with the agency’s plan or any part thereof, the parents shall
submit to the court at least twenty-four hours before the hearing, in writing, or signed oral statement, an alternative plan to
correct the problems which led to the finding of dependency.
This section shall not interfere with the right of the parents or
custodians to submit oral arguments regarding the disposition
plan at the hearing.
(2)(a) The guardian ad litem or court-appointed special
advocate shall file his or her report with the court and with the
parties pursuant to court rule prior to a hearing for which a
report is required. The report shall include a written list of
persons interviewed and reports or documentation considered. If the report makes particular recommendations, the
report shall include specific information on which the guardian ad litem or court-appointed special advocate relied in
making each particular recommendation.
(b) The parties to the proceeding may file written
responses to the guardian ad litem’s or court-appointed special advocate’s report with the court and deliver such
responses to the other parties at a reasonable time or pursuant
to court rule before the hearing. The court shall consider any
written responses to the guardian ad litem’s or courtappointed special advocate’s report, including any factual
information or recommendations provided in the report.
[2000 c 124 § 5; 2000 c 122 § 13; 1998 c 328 § 4; 1996 c 249
13.34.120
(2010 Ed.)
13.34.130
§ 14; 1994 c 288 § 2; 1993 c 412 § 8; 1987 c 524 § 5; 1979 c
155 § 45; 1977 ex.s. c 291 § 40.]
Reviser’s note: This section was amended by 2000 c 122 § 13 and by
2000 c 124 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—1996 c 249: See note following RCW 2.56.030.
Additional notes found at www.leg.wa.gov
13.34.125 Voluntary adoption plan—Consideration
of preferences for proposed placement. In those cases
where an alleged father, birth parent, or parent has indicated
his or her intention to make a voluntary adoption plan for the
child and has agreed to the termination of his or her parental
rights, the department or supervising agency shall follow the
wishes of the alleged father, birth parent, or parent regarding
the proposed adoptive placement of the child, if the court
determines that the adoption is in the best interest of the child,
and the prospective adoptive parents chosen by the alleged
father, birth parent, or parent are properly qualified to adopt
in compliance with the standards in this chapter and chapter
26.33 RCW. If the department or supervising agency has
filed a termination petition, an alleged father’s, birth parent’s,
or parent’s preferences regarding the proposed adoptive
placement of the child shall be given consideration. [2009 c
520 § 26; 1999 c 173 § 2.]
13.34.125
Additional notes found at www.leg.wa.gov
13.34.130 Order of disposition for a dependent child,
alternatives—Petition seeking termination of parentchild relationship—Placement with relatives, foster family home, group care facility, or other suitable persons—
Placement of an Indian child in out-of-home care—Contact with siblings. If, after a fact-finding hearing pursuant to
RCW 13.34.110, it has been proven by a preponderance of
the evidence that the child is dependent within the meaning of
RCW 13.34.030 after consideration of the social study prepared pursuant to RCW 13.34.110 and after a disposition
hearing has been held pursuant to RCW 13.34.110, the court
shall enter an order of disposition pursuant to this section.
(1) The court shall order one of the following dispositions of the case:
(a) Order a disposition other than removal of the child
from his or her home, which shall provide a program
designed to alleviate the immediate danger to the child, to
mitigate or cure any damage the child has already suffered,
and to aid the parents so that the child will not be endangered
in the future. In determining the disposition, the court should
choose services to assist the parents in maintaining the child
in the home, including housing assistance, if appropriate, that
least interfere with family autonomy and are adequate to protect the child.
(b)(i) Order the child to be removed from his or her home
and into the custody, control, and care of a relative or other
suitable person, the department, or a supervising agency for
supervision of the child’s placement. The court may not
order an Indian child, as defined in 25 U.S.C. Sec. 1903, to be
removed from his or her home unless the court finds, by clear
and convincing evidence including testimony of qualified
expert witnesses, that the continued custody of the child by
13.34.130
[Title 13 RCW—page 51]
13.34.130
Title 13 RCW: Juvenile Courts and Juvenile Offenders
the parent or Indian custodian is likely to result in serious
emotional or physical damage to the child.
(ii) The department or supervising agency has the
authority to place the child, subject to review and approval by
t h e c o u r t ( A) w i t h a r e l a t i v e a s d e f i n e d i n R C W
74.15.020(2)(a), (B) in the home of another suitable person if
the child or family has a preexisting relationship with that
person, and the person has completed all required criminal
history background checks and otherwise appears to the
department or supervising agency to be suitable and competent to provide care for the child, or (C) in a foster family
home or group care facility licensed pursuant to chapter
74.15 RCW. Absent good cause, the department or supervising agency shall follow the wishes of the natural parent
regarding the placement of the child in accordance with
RCW 13.34.260. The department or supervising agency may
only place a child with a person not related to the child as
defined in RCW 74.15.020(2)(a) when the court finds that
such placement is in the best interest of the child. Unless
there is reasonable cause to believe that the health, safety, or
welfare of the child would be jeopardized or that efforts to
reunite the parent and child will be hindered, the child shall
be placed with a person who is willing, appropriate, and
available to care for the child, and who is: (I) Related to the
child as defined in RCW 74.15.020(2)(a) with whom the
child has a relationship and is comfortable; or (II) a suitable
person as described in this subsection (1)(b). The court shall
consider the child’s existing relationships and attachments
when determining placement.
(2) When placing an Indian child in out-of-home care,
the department or supervising agency shall follow the placement preference characteristics in RCW 13.34.250 and in 25
U.S.C. Sec. 1915.
(3) Placement of the child with a relative or other suitable person as described in subsection (1)(b) of this section
shall be given preference by the court. An order for out-ofhome placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the
need for removal of the child from the child’s home and to
make it possible for the child to return home, specifying the
services, including housing assistance, that have been provided to the child and the child’s parent, guardian, or legal
custodian, and that preventive services have been offered or
provided and have failed to prevent the need for out-of-home
placement, unless the health, safety, and welfare of the child
cannot be protected adequately in the home, and that:
(a) There is no parent or guardian available to care for
such child;
(b) The parent, guardian, or legal custodian is not willing
to take custody of the child; or
(c) The court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the
home and an order under RCW 26.44.063 would not protect
the child from danger.
(4) If the court has ordered a child removed from his or
her home pursuant to subsection (1)(b) of this section, the
court shall consider whether it is in a child’s best interest to
be placed with, have contact with, or have visits with siblings.
[Title 13 RCW—page 52]
(a) There shall be a presumption that such placement,
contact, or visits are in the best interests of the child provided
that:
(i) The court has jurisdiction over all siblings subject to
the order of placement, contact, or visitation pursuant to petitions filed under this chapter or the parents of a child for
whom there is no jurisdiction are willing to agree; and
(ii) There is no reasonable cause to believe that the
health, safety, or welfare of any child subject to the order of
placement, contact, or visitation would be jeopardized or that
efforts to reunite the parent and child would be hindered by
such placement, contact, or visitation. In no event shall
parental visitation time be reduced in order to provide sibling
visitation.
(b) The court may also order placement, contact, or visitation of a child with a step-brother or step-sister provided
that in addition to the factors in (a) of this subsection, the
child has a relationship and is comfortable with the step-sibling.
(5) If the court has ordered a child removed from his or
her home pursuant to subsection (1)(b) of this section and
placed into nonparental or nonrelative care, the court shall
order a placement that allows the child to remain in the same
school he or she attended prior to the initiation of the dependency proceeding when such a placement is practical and in
the child’s best interest.
(6) If the court has ordered a child removed from his or
her home pursuant to subsection (1)(b) of this section, the
court may order that a petition seeking termination of the parent and child relationship be filed if the requirements of RCW
13.34.132 are met.
(7) If there is insufficient information at the time of the
disposition hearing upon which to base a determination
regarding the suitability of a proposed placement with a relative or other suitable person, the child shall remain in foster
care and the court shall direct the department or supervising
agency to conduct necessary background investigations as
provided in chapter 74.15 RCW and report the results of such
investigation to the court within thirty days. However, if
such relative or other person appears otherwise suitable and
competent to provide care and treatment, the criminal history
background check need not be completed before placement,
but as soon as possible after placement. Any placements with
relatives or other suitable persons, pursuant to this section,
shall be contingent upon cooperation by the relative or other
suitable person with the agency case plan and compliance
with court orders related to the care and supervision of the
child including, but not limited to, court orders regarding parent-child contacts, sibling contacts, and any other conditions
imposed by the court. Noncompliance with the case plan or
court order shall be grounds for removal of the child from the
relative’s or other suitable person’s home, subject to review
by the court. [2010 c 288 § 1. Prior: 2009 c 520 § 27; 2009
c 491 § 2; 2009 c 397 § 3; prior: 2007 c 413 § 6; 2007 c 412
§ 2; 2003 c 227 § 3; 2002 c 52 § 5; 2000 c 122 § 15; prior:
1999 c 267 § 16; 1999 c 267 § 9; 1999 c 173 § 3; prior: 1998
c 314 § 2; 1998 c 130 § 2; 1997 c 280 § 1; prior: 1995 c 313
§ 2; 1995 c 311 § 19; 1995 c 53 § 1; 1994 c 288 § 4; 1992 c
145 § 14; 1991 c 127 § 4; prior: 1990 c 284 § 32; 1990 c 246
§ 5; 1989 1st ex.s. c 17 § 17; prior: 1988 c 194 § 1; 1988 c
(2010 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
190 § 2; 1988 c 189 § 2; 1984 c 188 § 4; prior: 1983 c 311 §
5; 1983 c 246 § 2; 1979 c 155 § 46; 1977 ex.s. c 291 § 41.]
Severability—2007 c 413: See note following RCW 13.34.215.
Intent—2003 c 227: "It is the intent of the legislature to recognize the
importance of emotional ties formed by siblings with each other, especially
in those circumstances which warrant court intervention into family relationships. It is the intent of the legislature to encourage the courts and public
agencies which deal with families to acknowledge and give thoughtful consideration to the quality and nature of sibling relationships when intervening
in family relationships. It is not the intent of the legislature to create legal
obligations or responsibilities between siblings and other family members
whether by blood or marriage, step families, foster families, or adopted families that do not already exist. Neither is it the intent of the legislature to
mandate sibling placement, contact, or visitation if there is reasonable cause
to believe that the health, safety, or welfare of a child or siblings would be
jeopardized. Finally, it is not the intent of the legislature to manufacture or
anticipate family relationships which do not exist at the time of the court
intervention, or to disrupt already existing positive family relationships."
[2003 c 227 § 1.]
Intent—2002 c 52: See note following RCW 13.34.025.
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
Short title—Purpose—Entitlement not granted—Federal waivers—1999 c 267 §§ 10-26: See RCW 74.15.900 and 74.15.901.
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
Legislative finding—1983 c 311: See note following RCW 13.34.030.
Additional notes found at www.leg.wa.gov
13.34.132 Petition seeking termination of parentchild relationship—Requirements. A court may order that
a petition seeking termination of the parent and child relationship be filed if the following requirements are met:
(1) The court has removed the child from his or her home
pursuant to RCW 13.34.130;
(2) Termination is recommended by the supervising
agency;
(3) Termination is in the best interests of the child; and
(4) Because of the existence of aggravated circumstances, reasonable efforts to unify the family are not
required. Notwithstanding the existence of aggravated circumstances, reasonable efforts may be required if the court or
department determines it is in the best interests of the child.
In determining whether aggravated circumstances exist by
clear, cogent, and convincing evidence, the court shall consider one or more of the following:
(a) Conviction of the parent of rape of the child in the
first, second, or third degree as defined in RCW 9A.44.073,
9A.44.076, and 9A.44.079;
(b) Conviction of the parent of criminal mistreatment of
the child in the first or second degree as defined in RCW
9A.42.020 and 9A.42.030;
(c) Conviction of the parent of one of the following
assault crimes, when the child is the victim: Assault in the
first or second degree as defined in RCW 9A.36.011 and
9A.36.021 or assault of a child in the first or second degree as
defined in RCW 9A.36.120 or 9A.36.130;
(d) Conviction of the parent of murder, manslaughter, or
homicide by abuse of the child’s other parent, sibling, or
another child;
(e) Conviction of the parent of attempting, soliciting, or
conspiring to commit a crime listed in (a), (b), (c), or (d) of
this subsection;
13.34.136
(f) A finding by a court that a parent is a sexually violent
predator as defined in RCW 71.09.020;
(g) Failure of the parent to complete available treatment
ordered under this chapter or the equivalent laws of another
state, where such failure has resulted in a prior termination of
parental rights to another child and the parent has failed to
effect significant change in the interim. In the case of a parent
of an Indian child, as defined in the Indian Child Welfare Act,
P.L. 95-608 (25 U.S.C. Sec. 1903), the court shall also consider tribal efforts to assist the parent in completing treatment
and make it possible for the child to return home;
(h) An infant under three years of age has been abandoned;
(i) Conviction of the parent, when a child has been born
of the offense, of: (A) A sex offense under chapter 9A.44
RCW; or (B) incest under RCW 9A.64.020. [2000 c 122 §
16.]
13.34.134 Permanent placement of child. If reasonable efforts are not ordered under RCW 13.34.132, a permanency planning hearing shall be held within thirty days of the
court order to file a petition to terminate parental rights. Reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent
placement of the child. [2000 c 122 § 17.]
13.34.134
13.34.132
(2010 Ed.)
13.34.136 Permanency plan of care. (1) Whenever a
child is ordered removed from the home, a permanency plan
shall be developed no later than sixty days from the time the
supervising agency assumes responsibility for providing services, including placing the child, or at the time of a hearing
under RCW 13.34.130, whichever occurs first. The permanency planning process continues until a permanency planning goal is achieved or dependency is dismissed. The planning process shall include reasonable efforts to return the
child to the parent’s home.
(2) The agency supervising the dependency shall submit
a written permanency plan to all parties and the court not less
than fourteen days prior to the scheduled hearing. Responsive reports of parties not in agreement with the department’s
or supervising agency’s proposed permanency plan must be
provided to the department or supervising agency, all other
parties, and the court at least seven days prior to the hearing.
The permanency plan shall include:
(a) A permanency plan of care that shall identify one of
the following outcomes as a primary goal and may identify
additional outcomes as alternative goals: Return of the child
to the home of the child’s parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; longterm relative or foster care, until the child is age eighteen,
with a written agreement between the parties and the care
provider; successful completion of a responsible living skills
program; or independent living, if appropriate and if the child
is age sixteen or older. The department or supervising
agency shall not discharge a child to an independent living
situation before the child is eighteen years of age unless the
child becomes emancipated pursuant to chapter 13.64 RCW;
(b) Unless the court has ordered, pursuant to *RCW
13.34.130(5), that a termination petition be filed, a specific
13.34.136
[Title 13 RCW—page 53]
13.34.136
Title 13 RCW: Juvenile Courts and Juvenile Offenders
plan as to where the child will be placed, what steps will be
taken to return the child home, what steps the supervising
agency or the department will take to promote existing appropriate sibling relationships and/or facilitate placement
together or contact in accordance with the best interests of
each child, and what actions the department or supervising
agency will take to maintain parent-child ties. All aspects of
the plan shall include the goal of achieving permanence for
the child.
(i) The department’s or supervising agency’s plan shall
specify what services the parents will be offered to enable
them to resume custody, what requirements the parents must
meet to resume custody, and a time limit for each service plan
and parental requirement.
(ii) Visitation is the right of the family, including the
child and the parent, in cases in which visitation is in the best
interest of the child. Early, consistent, and frequent visitation
is crucial for maintaining parent-child relationships and making it possible for parents and children to safely reunify. The
supervising agency or department shall encourage the maximum parent and child and sibling contact possible, when it is
in the best interest of the child, including regular visitation
and participation by the parents in the care of the child while
the child is in placement. Visitation shall not be limited as a
sanction for a parent’s failure to comply with court orders or
services where the health, safety, or welfare of the child is not
at risk as a result of the visitation. Visitation may be limited
or denied only if the court determines that such limitation or
denial is necessary to protect the child’s health, safety, or
welfare. The court and the department or supervising agency
should rely upon community resources, relatives, foster parents, and other appropriate persons to provide transportation
and supervision for visitation to the extent that such resources
are available, and appropriate, and the child’s safety would
not be compromised.
(iii) A child shall be placed as close to the child’s home
as possible, preferably in the child’s own neighborhood,
unless the court finds that placement at a greater distance is
necessary to promote the child’s or parents’ well-being.
(iv) The plan shall state whether both in-state and, where
appropriate, out-of-state placement options have been considered by the department or supervising agency.
(v) Unless it is not in the best interests of the child, whenever practical, the plan should ensure the child remains
enrolled in the school the child was attending at the time the
child entered foster care.
(vi) The supervising agency or department shall provide
all reasonable services that are available within the department or supervising agency, or within the community, or
those services which the department has existing contracts to
purchase. It shall report to the court if it is unable to provide
such services; and
(c) If the court has ordered, pursuant to *RCW
13.34.130(5), that a termination petition be filed, a specific
plan as to where the child will be placed, what steps will be
taken to achieve permanency for the child, services to be
offered or provided to the child, and, if visitation would be in
the best interests of the child, a recommendation to the court
regarding visitation between parent and child pending a factfinding hearing on the termination petition. The department
or supervising agency shall not be required to develop a plan
[Title 13 RCW—page 54]
of services for the parents or provide services to the parents if
the court orders a termination petition be filed. However,
reasonable efforts to ensure visitation and contact between
siblings shall be made unless there is reasonable cause to
believe the best interests of the child or siblings would be
jeopardized.
(3) Permanency planning goals should be achieved at the
earliest possible date. If the child has been in out-of-home
care for fifteen of the most recent twenty-two months, the
court shall require the department or supervising agency to
file a petition seeking termination of parental rights in accordance with RCW 13.34.145(3)(b)(vi). In cases where parental rights have been terminated, the child is legally free for
adoption, and adoption has been identified as the primary
permanency planning goal, it shall be a goal to complete the
adoption within six months following entry of the termination order.
(4) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the
child from his or her home or to safely return the child home
should not be part of the permanency plan of care for the
child, reasonable efforts shall be made to place the child in a
timely manner and to complete whatever steps are necessary
to finalize the permanent placement of the child.
(5) The identified outcomes and goals of the permanency
plan may change over time based upon the circumstances of
the particular case.
(6) The court shall consider the child’s relationships with
the child’s siblings in accordance with *RCW 13.34.130(3).
Whenever the permanency plan for a child is adoption, the
court shall encourage the prospective adoptive parents, birth
parents, foster parents, kinship caregivers, and the department or other supervising agency to seriously consider the
long-term benefits to the child adoptee and his or her siblings
of providing for and facilitating continuing postadoption contact between the siblings. To the extent that it is feasible, and
when it is in the best interests of the child adoptee and his or
her siblings, contact between the siblings should be frequent
and of a similar nature as that which existed prior to the adoption. If the child adoptee or his or her siblings are represented
by an attorney or guardian ad litem in a proceeding under this
chapter or in any other child custody proceeding, the court
shall inquire of each attorney and guardian ad litem regarding
the potential benefits of continuing contact between the siblings and the potential detriments of severing contact. This
section does not require the department of social and health
services or other supervising agency to agree to any specific
provisions in an open adoption agreement and does not create
a new obligation for the department to provide supervision or
transportation for visits between siblings separated by adoption from foster care.
(7) For purposes related to permanency planning:
(a) "Guardianship" means a dependency guardianship or
a legal guardianship pursuant to chapter 11.88 RCW or
equivalent laws of another state or a federally recognized
Indian tribe.
(b) "Permanent custody order" means a custody order
entered pursuant to chapter 26.10 RCW.
(c) "Permanent legal custody" means legal custody pursuant to chapter 26.10 RCW or equivalent laws of another
state or a federally recognized Indian tribe. [2009 c 520 § 28;
(2010 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
2009 c 234 § 5. Prior: 2008 c 267 § 3; 2008 c 152 § 2; 2007
c 413 § 7; 2004 c 146 § 1; 2003 c 227 § 4; 2002 c 52 § 6; 2000
c 122 § 18.]
Reviser’s note: *(1) RCW 13.34.130 was amended by 2010 c 288 § 1,
changing subsections (5) and (3) to subsections (6) and (4), respectively.
(2) This section was amended by 2009 c 234 § 5 and by 2009 c 520 §
28, each without reference to the other. Both amendments are incorporated
in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Intent—2008 c 152: "The legislature finds that meeting the
needs of vulnerable children who enter the child welfare system includes
protecting the child’s right to a safe, stable, and permanent home where the
child receives basic nurturing. The legislature also finds that according to
measures of timely dependency case processing, many children’s cases are
not meeting the federal and state standards intended to promote child-centered decision making in dependency cases. The legislature intends to
encourage a greater focus on children’s developmental needs and to promote
closer adherence to timeliness standards in the resolution of dependency
cases." [2008 c 152 § 1.]
Severability—2007 c 413: See note following RCW 13.34.215.
Intent—2003 c 227: See note following RCW 13.34.130.
Intent—2002 c 52: See note following RCW 13.34.025.
13.34.138 Review hearings—Findings—Duties of
parties involved—In-home placement requirements—
Housing assistance. (1) The status of all children found to
be dependent shall be reviewed by the court at least every six
months from the beginning date of the placement episode or
the date dependency is established, whichever is first. The
purpose of the hearing shall be to review the progress of the
parties and determine whether court supervision should continue.
(a) The initial review hearing shall be an in-court review
and shall be set six months from the beginning date of the
placement episode or no more than ninety days from the entry
of the disposition order, whichever comes first. The requirements for the initial review hearing, including the in-court
review requirement, shall be accomplished within existing
resources.
(b) The initial review hearing may be a permanency
planning hearing when necessary to meet the time frames set
forth in RCW 13.34.145(1)(a) or 13.34.134.
(2)(a) A child shall not be returned home at the review
hearing unless the court finds that a reason for removal as set
forth in RCW 13.34.130 no longer exists. The parents,
guardian, or legal custodian shall report to the court the
efforts they have made to correct the conditions which led to
removal. If a child is returned, casework supervision by the
supervising agency or department shall continue for a period
of six months, at which time there shall be a hearing on the
need for continued intervention.
(b) Prior to the child returning home, the department or
supervising agency must complete the following:
(i) Identify all adults residing in the home and conduct
background checks on those persons;
(ii) Identify any persons who may act as a caregiver for
the child in addition to the parent with whom the child is
being placed and determine whether such persons are in need
of any services in order to ensure the safety of the child,
regardless of whether such persons are a party to the dependency. The department or supervising agency may recommend to the court and the court may order that placement of
the child in the parent’s home be contingent on or delayed
13.34.138
(2010 Ed.)
13.34.138
based on the need for such persons to engage in or complete
services to ensure the safety of the child prior to placement.
If services are recommended for the caregiver, and the caregiver fails to engage in or follow through with the recommended services, the department or supervising agency must
promptly notify the court; and
(iii) Notify the parent with whom the child is being
placed that he or she has an ongoing duty to notify the department or supervising agency of all persons who reside in the
home or who may act as a caregiver for the child both prior to
the placement of the child in the home and subsequent to the
placement of the child in the home as long as the court retains
jurisdiction of the dependency proceeding or the department
is providing or monitoring either remedial services to the parent or services to ensure the safety of the child to any caregivers.
Caregivers may be required to engage in services under
this subsection solely for the purpose of ensuring the present
and future safety of a child who is a ward of the court. This
subsection does not grant party status to any individual not
already a party to the dependency proceeding, create an entitlement to services or a duty on the part of the department or
supervising agency to provide services, or create judicial
authority to order the provision of services to any person
other than for the express purposes of this section or RCW
13.34.025 or if the services are unavailable or unsuitable or
the person is not eligible for such services.
(c) If the child is not returned home, the court shall establish in writing:
(i) Whether the supervising agency or the department is
making reasonable efforts to provide services to the family
and eliminate the need for placement of the child. If additional services, including housing assistance, are needed to
facilitate the return of the child to the child’s parents, the
court shall order that reasonable services be offered specifying such services;
(ii) Whether there has been compliance with the case
plan by the child, the child’s parents, and the agency supervising the placement;
(iii) Whether progress has been made toward correcting
the problems that necessitated the child’s placement in outof-home care;
(iv) Whether the services set forth in the case plan and
the responsibilities of the parties need to be clarified or modified due to the availability of additional information or
changed circumstances;
(v) Whether there is a continuing need for placement;
(vi) Whether a parent’s homelessness or lack of suitable
housing is a significant factor delaying permanency for the
child by preventing the return of the child to the home of the
child’s parent and whether housing assistance should be provided by the department or supervising agency;
(vii) Whether the child is in an appropriate placement
which adequately meets all physical, emotional, and educational needs;
(viii) Whether preference has been given to placement
with the child’s relatives if such placement is in the child’s
best interests;
(ix) Whether both in-state and, where appropriate, outof-state placements have been considered;
[Title 13 RCW—page 55]
13.34.141
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(x) Whether the parents have visited the child and any
reasons why visitation has not occurred or has been infrequent;
(xi) Whether terms of visitation need to be modified;
(xii) Whether the court-approved long-term permanent
plan for the child remains the best plan for the child;
(xiii) Whether any additional court orders need to be
made to move the case toward permanency; and
(xiv) The projected date by which the child will be
returned home or other permanent plan of care will be implemented.
(d) The court at the review hearing may order that a petition seeking termination of the parent and child relationship
be filed.
(3)(a) In any case in which the court orders that a dependent child may be returned to or remain in the child’s home,
the in-home placement shall be contingent upon the following:
(i) The compliance of the parents with court orders
related to the care and supervision of the child, including
compliance with the supervising agency’s case plan; and
(ii) The continued participation of the parents, if applicable, in available substance abuse or mental health treatment if
substance abuse or mental illness was a contributing factor to
the removal of the child.
(b) The following may be grounds for removal of the
child from the home, subject to review by the court:
(i) Noncompliance by the parents with the department’s
or supervising agency’s case plan or court order;
(ii) The parent’s inability, unwillingness, or failure to
participate in available services or treatment for themselves
or the child, including substance abuse treatment if a parent’s
substance abuse was a contributing factor to the abuse or
neglect; or
(iii) The failure of the parents to successfully and substantially complete available services or treatment for themselves or the child, including substance abuse treatment if a
parent’s substance abuse was a contributing factor to the
abuse or neglect.
(c) In a pending dependency case in which the court
orders that a dependent child may be returned home and that
child is later removed from the home, the court shall hold a
review hearing within thirty days from the date of removal to
determine whether the permanency plan should be changed, a
termination petition should be filed, or other action is warranted. The best interests of the child shall be the court’s primary consideration in the review hearing.
(4) The court’s authority to order housing assistance
under this chapter is: (a) Limited to cases in which a parent’s
homelessness or lack of suitable housing is a significant factor delaying permanency for the child and housing assistance
would aid the parent in providing an appropriate home for the
child; and (b) subject to the availability of funds appropriated
for this specific purpose. Nothing in this chapter shall be
construed to create an entitlement to housing assistance nor
to create judicial authority to order the provision of such
assistance to any person or family if the assistance or funding
are unavailable or the child or family are not eligible for such
assistance.
(5) The court shall consider the child’s relationship with
siblings in accordance with *RCW 13.34.130(3). [2009 c
[Title 13 RCW—page 56]
520 § 29; 2009 c 491 § 3; 2009 c 397 § 4; 2009 c 152 § 1.
Prior: 2007 c 413 § 8; 2007 c 410 § 1; 2005 c 512 § 3; 2003
c 227 § 5; 2001 c 332 § 5; 2000 c 122 § 19.]
Reviser’s note: *(1) RCW 13.34.130 was amended by 2010 c 288 § 1,
changing subsection (3) to subsection (4).
(2) This section was amended by 2009 c 152 § 1, 2009 c 397 § 4, 2009
c 491 § 3, and by 2009 c 520 § 29, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—2007 c 413: See note following RCW 13.34.215.
Short title—2007 c 410: "This act may be known and cited as Sirita’s
law." [2007 c 410 § 9.]
Finding—Intent—Effective date—Short title—2005 c 512: See
notes following RCW 26.44.100.
Intent—2003 c 227: See note following RCW 13.34.130.
13.34.141 Entry, order of disposition—Parent,
guardian, or custodian of child to engage in services and
maintain contact with child—Notice. (1) After entry of a
dispositional order pursuant to RCW 13.34.130 ordering
placement of a child in out-of-home care, the department
shall continue to encourage the parent, guardian, or custodian
of the child to engage in services and maintain contact with
the child, which shall be accomplished by attaching a standard notice to the services and safety plan to be provided in
advance of hearings conducted pursuant to RCW 13.34.138.
(2) The notice shall be photocopied on contrasting paper
to distinguish it from the services and safety plan to which it
is attached, and shall be in substantially the following form:
13.34.141
"NOTICE
If you have not been maintaining consistent contact with
your child in out-of-home care, your ability to reunify with
your child may be jeopardized. If this is your situation, you
need to be aware that you have important legal rights and
must take steps to protect your interests.
1. The department of social and health services (or other
supervising agency) and the court have created a permanency
plan for your child, including a primary placement plan and a
secondary placement plan, and recommending services
needed before your child can be placed in the primary or secondary placement. If you want the court to order that your
child be reunified with you, you should notify your lawyer
and the department, and you should carefully comply with
court orders for services and participate regularly in visitation
with your child. Failure to promptly engage in services or to
maintain contact with your child may lead to the filing of a
petition to terminate your rights as a parent.
2. Primary and secondary permanency plans are
intended to run at the same time so that your child will have a
permanent home as quickly as possible. Even if you want
another parent or person to be the primary placement choice
for your child, you should tell your lawyer, the department,
and the court if you want to be the secondary placement
option, and you should comply with any court orders for services and participate in visitation with your child. Early and
consistent involvement in your child’s case plan is important
for the well-being of your child.
3. Dependency review hearings, and all other dependency case hearings, are legal proceedings with potentially
serious consequences. Failure to participate, respond, or
(2010 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
comply with court orders may lead to the loss of your parental rights." [2009 c 484 § 1.]
13.34.142 Current placement episode—Calculation.
If the most recent date that a child was removed from the
home of the parent, guardian, or legal custodian for purposes
of placement in out-of-home care occurred prior to the filing
of a dependency petition or after filing but prior to entry of a
disposition order, such time periods shall be included when
calculating the length of the child’s current placement episode. [2000 c 122 § 14.]
13.34.142
13.34.145 Permanency planning hearing—Purpose—Time limits—Goals—Review hearing—Petition
for termination of parental rights—Guardianship petition—Agency responsibility to provide services to parents—Due process rights. (1) The purpose of a permanency
planning hearing is to review the permanency plan for the
child, inquire into the welfare of the child and progress of the
case, and reach decisions regarding the permanent placement
of the child.
(a) A permanency planning hearing shall be held in all
cases where the child has remained in out-of-home care for at
least nine months and an adoption decree, guardianship
order, or permanent custody order has not previously been
entered. The hearing shall take place no later than twelve
months following commencement of the current placement
episode.
(b) Whenever a child is removed from the home of a
dependency guardian or long-term relative or foster care provider, and the child is not returned to the home of the parent,
guardian, or legal custodian but is placed in out-of-home
care, a permanency planning hearing shall take place no later
than twelve months, as provided in this section, following the
date of removal unless, prior to the hearing, the child returns
to the home of the dependency guardian or long-term care
provider, the child is placed in the home of the parent, guardian, or legal custodian, an adoption decree, guardianship
order, or a permanent custody order is entered, or the dependency is dismissed. Every effort shall be made to provide stability in long-term placement, and to avoid disruption of
placement, unless the child is being returned home or it is in
the best interest of the child.
(c) Permanency planning goals should be achieved at the
earliest possible date, preferably before the child has been in
out-of-home care for fifteen months. In cases where parental
rights have been terminated, the child is legally free for adoption, and adoption has been identified as the primary permanency planning goal, it shall be a goal to complete the adoption within six months following entry of the termination
order.
(2) No later than ten working days prior to the permanency planning hearing, the agency having custody of the
child shall submit a written permanency plan to the court and
shall mail a copy of the plan to all parties and their legal
counsel, if any.
(3) At the permanency planning hearing, the court shall
conduct the following inquiry:
(a) If a goal of long-term foster or relative care has been
achieved prior to the permanency planning hearing, the court
13.34.145
(2010 Ed.)
13.34.145
shall review the child’s status to determine whether the placement and the plan for the child’s care remain appropriate.
(b) In cases where the primary permanency planning
goal has not been achieved, the court shall inquire regarding
the reasons why the primary goal has not been achieved and
determine what needs to be done to make it possible to
achieve the primary goal. The court shall review the permanency plan prepared by the agency and make explicit findings regarding each of the following:
(i) The continuing necessity for, and the safety and
appropriateness of, the placement;
(ii) The extent of compliance with the permanency plan
by the department or supervising agency and any other service providers, the child’s parents, the child, and the child’s
guardian, if any;
(iii) The extent of any efforts to involve appropriate service providers in addition to department or supervising
agency staff in planning to meet the special needs of the child
and the child’s parents;
(iv) The progress toward eliminating the causes for the
child’s placement outside of his or her home and toward
returning the child safely to his or her home or obtaining a
permanent placement for the child;
(v) The date by which it is likely that the child will be
returned to his or her home or placed for adoption, with a
guardian or in some other alternative permanent placement;
and
(vi) If the child has been placed outside of his or her
home for fifteen of the most recent twenty-two months, not
including any period during which the child was a runaway
from the out-of-home placement or the first six months of any
period during which the child was returned to his or her home
for a trial home visit, the appropriateness of the permanency
plan, whether reasonable efforts were made by the department or supervising agency to achieve the goal of the permanency plan, and the circumstances which prevent the child
from any of the following:
(A) Being returned safely to his or her home;
(B) Having a petition for the involuntary termination of
parental rights filed on behalf of the child;
(C) Being placed for adoption;
(D) Being placed with a guardian;
(E) Being placed in the home of a fit and willing relative
of the child; or
(F) Being placed in some other alternative permanent
placement, including independent living or long-term foster
care.
At this hearing, the court shall order the department or
supervising agency to file a petition seeking termination of
parental rights if the child has been in out-of-home care for
fifteen of the last twenty-two months since the date the
dependency petition was filed unless the court makes a good
cause exception as to why the filing of a termination of parental rights petition is not appropriate. Any good cause finding
shall be reviewed at all subsequent hearings pertaining to the
child. For purposes of this section, "good cause exception"
includes but is not limited to the following: The child is
being cared for by a relative; the department has not provided
to the child’s family such services as the court and the department have deemed necessary for the child’s safe return home;
or the department has documented in the case plan a compel[Title 13 RCW—page 57]
13.34.150
Title 13 RCW: Juvenile Courts and Juvenile Offenders
ling reason for determining that filing a petition to terminate
parental rights would not be in the child’s best interests.
(c)(i) If the permanency plan identifies independent living as a goal, the court shall make a finding that the provision
of services to assist the child in making a transition from foster care to independent living will allow the child to manage
his or her financial, personal, social, educational, and nonfinancial affairs prior to approving independent living as a permanency plan of care.
(ii) The permanency plan shall also specifically identify
the services that will be provided to assist the child to make a
successful transition from foster care to independent living.
(iii) The department or supervising agency shall not discharge a child to an independent living situation before the
child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.
(d) If the child has resided in the home of a foster parent
or relative for more than six months prior to the permanency
planning hearing, the court shall:
(i) Enter a finding regarding whether the foster parent or
relative was informed of the hearing as required in RCW
74.13.280, *13.34.215(5), and 13.34.096; and
(ii) If the department or supervising agency is recommending a placement other than the child’s current placement
with a foster parent, relative, or other suitable person, enter a
finding as to the reasons for the recommendation for a change
in placement.
(4) In all cases, at the permanency planning hearing, the
court shall:
(a)(i) Order the permanency plan prepared by the supervising agency to be implemented; or
(ii) Modify the permanency plan, and order implementation of the modified plan; and
(b)(i) Order the child returned home only if the court
finds that a reason for removal as set forth in RCW 13.34.130
no longer exists; or
(ii) Order the child to remain in out-of-home care for a
limited specified time period while efforts are made to implement the permanency plan.
(5) Following the first permanency planning hearing, the
court shall hold a further permanency planning hearing in
accordance with this section at least once every twelve
months until a permanency planning goal is achieved or the
dependency is dismissed, whichever occurs first.
(6) Prior to the second permanency planning hearing, the
agency that has custody of the child shall consider whether to
file a petition for termination of parental rights.
(7) If the court orders the child returned home, casework
supervision by the department or supervising agency shall
continue for at least six months, at which time a review hearing shall be held pursuant to RCW 13.34.138, and the court
shall determine the need for continued intervention.
(8) The juvenile court may hear a petition for permanent
legal custody when: (a) The court has ordered implementation of a permanency plan that includes permanent legal custody; and (b) the party pursuing the permanent legal custody
is the party identified in the permanency plan as the prospective legal custodian. During the pendency of such proceeding, the court shall conduct review hearings and further permanency planning hearings as provided in this chapter. At
the conclusion of the legal guardianship or permanent legal
[Title 13 RCW—page 58]
custody proceeding, a juvenile court hearing shall be held for
the purpose of determining whether dependency should be
dismissed. If a guardianship or permanent custody order has
been entered, the dependency shall be dismissed.
(9) Continued juvenile court jurisdiction under this chapter shall not be a barrier to the entry of an order establishing a
legal guardianship or permanent legal custody when the
requirements of subsection (8) of this section are met.
(10) Nothing in this chapter may be construed to limit
the ability of the agency that has custody of the child to file a
petition for termination of parental rights or a guardianship
petition at any time following the establishment of dependency. Upon the filing of such a petition, a fact-finding hearing shall be scheduled and held in accordance with this chapter unless the department or supervising agency requests dismissal of the petition prior to the hearing or unless the parties
enter an agreed order terminating parental rights, establishing
guardianship, or otherwise resolving the matter.
(11) The approval of a permanency plan that does not
contemplate return of the child to the parent does not relieve
the supervising agency of its obligation to provide reasonable
services, under this chapter, intended to effectuate the return
of the child to the parent, including but not limited to, visitation rights. The court shall consider the child’s relationships
with siblings in accordance with RCW 13.34.130.
(12) Nothing in this chapter may be construed to limit
the procedural due process rights of any party in a termination or guardianship proceeding filed under this chapter.
[2009 c 520 § 30; 2009 c 491 § 4; 2009 c 477 § 4; 2008 c 152
§ 3; 2007 c 413 § 9; 2003 c 227 § 6. Prior: 2000 c 135 § 4;
2000 c 122 § 20; 1999 c 267 § 17; prior: 1998 c 314 § 3; 1998
c 130 § 3; prior: 1995 c 311 § 20; 1995 c 53 § 2; 1994 c 288
§ 5; 1993 c 412 § 1; 1989 1st ex.s. c 17 § 18; 1988 c 194 § 3.]
Reviser’s note: *(1) RCW 13.34.215 was amended by 2010 c 180 § 4,
changing subsection (5) to subsection (6).
(2) This section was amended by 2009 c 477 § 4, 2009 c 491 § 4, and
by 2009 c 520 § 30, each without reference to the other. All amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—Intent—2009 c 477: See note following RCW 13.34.062.
Findings—Intent—2008 c 152: See note following RCW 13.34.136.
Severability—2007 c 413: See note following RCW 13.34.215.
Intent—2003 c 227: See note following RCW 13.34.130.
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
Short title—Purpose—Entitlement not granted—Federal waivers—1999 c 267 §§ 10-26: See RCW 74.15.900 and 74.15.901.
13.34.150 Modification of orders. Any order made by
the court in the case of a dependent child may be changed,
modified, or set aside, only upon a showing of a change in
circumstance or as provided in RCW 13.34.120. [1993 c 412
§ 9; 1990 c 246 § 6; 1977 ex.s. c 291 § 43; 1913 c 160 § 15;
RRS § 1987-15. Formerly RCW 13.04.150.]
13.34.150
Additional notes found at www.leg.wa.gov
13.34.155
13.34.155 Concurrent jurisdiction over nonparental actions for
child custody (as amended by 2009 c 520). (1) The court hearing the dependency petition may hear and determine issues related to chapter 26.10 RCW
in a dependency proceeding as necessary to facilitate a permanency plan for
the child or children as part of the dependency disposition order or a dependency review order or as otherwise necessary to implement a permanency
(2010 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
plan of care for a child. The parents, guardians, or legal custodian of the
child must agree, subject to court approval, to establish a permanent custody
order. This agreed order may have the concurrence of the other parties to the
dependency including the supervising agency, the guardian ad litem of the
child, and the child if age twelve or older, and must also be in the best interests of the child. If the petitioner for a custody order under chapter 26.10
RCW is not a party to the dependency proceeding, he or she must agree on
the record or by the filing of a declaration to the entry of a custody order.
Once an order is entered under chapter 26.10 RCW, and the dependency
petition dismissed, the department or supervising agency shall not continue
to supervise the placement.
(2) Any court order determining issues under chapter 26.10 RCW is
subject to modification upon the same showing and standards as a court
order determining Title 26 RCW issues.
(3) Any order entered in the dependency court establishing or modifying a permanent legal custody order under chapter 26.10 RCW shall also be
filed in the chapter 26.10 RCW action by the prevailing party. Once filed,
any order establishing or modifying permanent legal custody shall survive
dismissal of the dependency proceeding. [2009 c 520 § 31; 2000 c 135 § 1.]
13.34.161
and the division of marital property shall be referred to or retained by the
family law department of the superior court.
(3) Any court order determining issues under chapter 26.10 RCW is
subject to modification upon the same showing and standards as a court
order determining Title 26 RCW issues.
(((3))) (4) Any order entered in the dependency court establishing or
modifying a permanent legal custody order or, parenting plan, or residential
schedule under chapters 26.09, 26.10, and 26.26 RCW shall also be filed in
the chapter 26.09, 26.10, and 26.26 RCW action by the moving or prevailing
party. If the petitioning or moving party has been found indigent and
appointed counsel at public expense in the dependency proceeding, no filing
fees shall be imposed by the clerk. Once filed, any order, parenting plan, or
residential schedule establishing or modifying permanent legal custody of a
child shall survive dismissal of the dependency proceeding. [2009 c 526 § 2;
2000 c 135 § 1.]
Reviser’s note: RCW 13.34.155 was amended twice during the 2009
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
13.34.155
13.34.155 Concurrent jurisdiction over nonparental actions for
child custody—Establishment or modification of parenting plan (as
amended by 2009 c 526). (1) The court hearing the dependency petition may
hear and determine issues related to chapter 26.10 RCW in a dependency
proceeding as necessary to facilitate a permanency plan for the child or children as part of the dependency disposition order or a dependency review
order or as otherwise necessary to implement a permanency plan of care for
a child. The parents, guardians, or legal custodian of the child must agree,
subject to court approval, to establish a permanent custody order. This
agreed order may have the concurrence of the other parties to the dependency including the supervising agency, the guardian ad litem of the child,
and the child if age twelve or older, and must also be in the best interests of
the child. If the petitioner for a custody order under chapter 26.10 RCW is
not a party to the dependency proceeding, he or she must agree on the record
or by the filing of a declaration to the entry of a custody order. Once an order
is entered under chapter 26.10 RCW, and the dependency petition dismissed,
the department shall not continue to supervise the placement.
(2)(a) The court hearing the dependency petition may establish or modify a parenting plan under chapter 26.09 or 26.26 RCW as part of a disposition order or at a review hearing when doing so will implement a permanent
plan of care for the child and result in dismissal of the dependency.
(b) The dependency court shall adhere to procedural requirements
under chapter 26.09 RCW and must make a written finding that the parenting
plan established or modified by the dependency court under this section is in
the child’s best interests.
(c) Unless the whereabouts of one of the parents is unknown to either
the department or the court, the parents must agree, subject to court approval,
to establish the parenting plan or modify an existing parenting plan.
(d) Whenever the court is asked to establish or modify a parenting plan,
the child’s residential schedule, the allocation of decision-making authority,
and dispute resolution under this section, the dependency court may:
(i) Appoint a guardian ad litem to represent the interests of the child
when the court believes the appointment is necessary to protect the best
interests of the child; and
(ii) Appoint an attorney to represent the interests of the child with
respect to provisions for the parenting plan.
(e) The dependency court must make a written finding that the parenting plan established or modified by the dependency court under this section
is in the child’s best interests.
(f) The dependency court may interview the child in chambers to ascertain the child’s wishes as to the child’s residential schedule in a proceeding
for the entry or modification of a parenting plan under this section. The court
may permit counsel to be present at the interview. The court shall cause a
record of the interview to be made and to become part of the court record of
the dependency case and the case under chapter 26.09 or 26.26 RCW.
(g) In the absence of agreement by a parent, guardian, or legal custodian of the child to allow the juvenile court to hear and determine issues
related to the establishment or modification of a parenting plan under chapter
26.09 or 26.26 RCW, a party may move the court to transfer such issues to
the family law department of the superior court for further resolution. The
court may only grant the motion upon entry of a written finding that it is in
the best interests of the child.
(h) In any parenting plan agreed to by the parents and entered or modified in juvenile court under this section, all issues pertaining to child support
(2010 Ed.)
13.34.160 Order of support for dependent child. (1)
In an action brought under this chapter, the court may inquire
into the ability of the parent or parents of the child to pay
child support and may enter an order of child support as set
forth in chapter 26.19 RCW. The court may enforce the same
by execution, or in any way in which a court of equity may
enforce its decrees. All child support orders entered pursuant
to this chapter shall be in compliance with the provisions of
RCW 26.23.050.
(2) For purposes of this section, if a dependent child’s
parent is an unmarried minor parent or pregnant minor applicant, then the parent or parents of the minor shall also be
deemed a parent or parents of the dependent child. However,
liability for child support under this subsection only exists if
the parent or parents of the unmarried minor parent or pregnant minor applicant are provided the opportunity for a hearing on their ability to provide support. Any child support
order requiring such a parent or parents to provide support for
the minor parent’s child may be effective only until the minor
parent reaches eighteen years of age.
(3) In the absence of a court order setting support, the
department may establish an administrative order for support
upon receipt of a referral or application for support enforcement services. [2004 c 183 § 1; 1997 c 58 § 505; 1993 c 358
§ 2; 1987 c 435 § 14; 1981 c 195 § 8; 1977 ex.s. c 291 § 44;
1969 ex.s. c 138 § 1; 1961 c 302 § 7; 1913 c 160 § 8; RRS §
1987-8. Formerly RCW 13.04.100.]
13.34.160
Effective date—2004 c 183: "This act takes effect July 1, 2004." [2004
c 183 § 6.]
Good cause exceptions to the establishment and enforcement of child support from parents of children in out-of-home placement: RCW
13.32A.178.
Additional notes found at www.leg.wa.gov
13.34.161 Order of support for dependent child—
Noncompliance—Enforcement of judgment. In any case
in which the court has ordered a parent or parents, guardian,
or other person having custody of a child to pay support
under RCW 13.34.160 and the order has not been complied
with, the court may, upon such person or persons being duly
summoned or voluntarily appearing, proceed to inquire into
the amount due upon the order and enter judgment for that
amount against the defaulting party or parties, and the judg13.34.161
[Title 13 RCW—page 59]
13.34.165
Title 13 RCW: Juvenile Courts and Juvenile Offenders
ment shall be docketed as are other judgments for the payment of money.
In such judgments, the county in which the order is
entered shall be the judgment creditor, or the state may be the
judgment creditor where the child is in the custody of a state
agency. Judgments may be enforced by the prosecuting attorney of the county, or the attorney general where the state is
the judgment creditor and any moneys recovered shall be
paid into the registry of the juvenile court and shall be disbursed to such person, persons, agency, or governmental
department as the court finds is entitled to it.
Such judgments shall remain valid and enforceable for a
period of ten years after the date of entry. [2000 c 122 § 22;
1981 c 195 § 9; 1977 ex.s. c 291 § 45; 1961 c 302 § 8; 1955 c
188 § 1. Formerly RCW 13.34.170, 13.04.105.]
Financial responsibility for costs of detention: RCW 13.16.085.
Additional notes found at www.leg.wa.gov
13.34.165 Civil contempt—Grounds—Motion—Penalty—Detention review hearing. (1) Failure by a party to
comply with an order entered under this chapter is civil contempt of court as provided in RCW 7.21.030(2)(e).
(2) The maximum term of confinement that may be
imposed as a remedial sanction for contempt of court under
this section is confinement for up to seven days.
(3) A child held for contempt under this section shall be
confined only in a secure juvenile detention facility operated
by or pursuant to a contract with a county.
(4) A motion for contempt may be made by a parent,
juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order
entered pursuant to this chapter.
(5) Whenever the court finds probable cause to believe,
based upon consideration of a motion for contempt and the
information set forth in a supporting declaration, that a child
has violated a placement order entered under this chapter, the
court may issue an order directing law enforcement to pick up
and take the child to detention. The order may be entered ex
parte without prior notice to the child or other parties. Following the child’s admission to detention, a detention review
hearing must be held in accordance with RCW 13.32A.065.
[2000 c 122 § 21; 1998 c 296 § 38; 1996 c 133 § 29; 1989 c
373 § 17; 1985 c 257 § 1.]
13.34.165
Findings—Intent—1998 c 296 §§ 36-39: See note following RCW
7.21.030.
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Additional notes found at www.leg.wa.gov
13.34.174 Order of alcohol or substance abuse diagnostic investigation and evaluation—Treatment plan—
Breach of plan—Reports. (1) The provisions of this section
shall apply when a court orders a party to undergo an alcohol
or substance abuse diagnostic investigation and evaluation.
(2) The facility conducting the investigation and evaluation shall make a written report to the court stating its findings and recommendations including family-based services
or treatment when appropriate. If its findings and recommen13.34.174
[Title 13 RCW—page 60]
dations support treatment, it shall also recommend a treatment plan setting out:
(a) Type of treatment;
(b) Nature of treatment;
(c) Length of treatment;
(d) A treatment time schedule; and
(e) Approximate cost of the treatment.
The affected person shall be included in developing the
appropriate treatment plan. The treatment plan must be
signed by the treatment provider and the affected person.
The initial written progress report based on the treatment plan
shall be sent to the appropriate persons six weeks after initiation of treatment. Subsequent progress reports shall be provided after three months, six months, twelve months, and
thereafter every six months if treatment exceeds twelve
months. Reports are to be filed with the court in a timely
manner. Close-out of the treatment record must include summary of pretreatment and posttreatment, with final outcome
and disposition. The report shall also include recommendations for ongoing stability and decrease in destructive behavior.
Each report shall also be filed with the court and a copy
given to the person evaluated and the person’s counsel. A
copy of the treatment plan shall also be given to the department’s or supervising agency’s caseworker and to the guardian ad litem. Any program for chemical dependency shall
meet the program requirements contained in chapter 70.96A
RCW.
(3) If the court has ordered treatment pursuant to a
dependency proceeding it shall also require the treatment
program to provide, in the reports required by subsection (2)
of this section, status reports to the court, the department, the
supervising agency, and the person or person’s counsel
regarding the person’s cooperation with the treatment plan
proposed and the person’s progress in treatment.
(4) If a person subject to this section fails or neglects to
carry out and fulfill any term or condition of the treatment
plan, the program or agency administering the treatment shall
report such breach to the court, the department, the guardian
ad litem, the supervising agency if any, and the person or person’s counsel, within twenty-four hours, together with its recommendation. These reports shall be made as a declaration
by the person who is personally responsible for providing the
treatment.
(5) Nothing in this chapter may be construed as allowing
the court to require the department to pay for the cost of any
alcohol or substance abuse evaluation or treatment program.
[2009 c 520 § 32; 2000 c 122 § 23; 1993 c 412 § 5.]
13.34.176 Violation of alcohol or substance abuse
treatment conditions—Hearing—Notice—Modification
of order. (1) The court, upon receiving a report under RCW
13.34.174(4) or at the department’s or supervising agency’s
request, may schedule a show cause hearing to determine
whether the person is in violation of the treatment conditions.
All parties shall be given notice of the hearing. The court
shall hold the hearing within ten days of the request for a
hearing. At the hearing, testimony, declarations, reports, or
other relevant information may be presented on the person’s
alleged failure to comply with the treatment plan and the per13.34.176
(2010 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
son shall have the right to present similar information on his
or her own behalf.
(2) If the court finds that there has been a violation of the
treatment conditions it shall modify the dependency order, as
necessary, to ensure the safety of the child. The modified
order shall remain in effect until the party is in full compliance with the treatment requirements. [2009 c 520 § 33; 2000
c 122 § 24; 1993 c 412 § 6.]
13.34.180
13.34.180 Order terminating parent and child relationship—Petition—Filing—Allegations (as amended by 2009 c 477). (1) A petition
seeking termination of a parent and child relationship may be filed in juvenile court by any party to the dependency proceedings concerning that child.
Such petition shall conform to the requirements of RCW 13.34.040, shall be
served upon the parties as provided in RCW 13.34.070(8), and shall allege
all of the following unless subsection (2) or (3) of this section applies:
(a) That the child has been found to be a dependent child;
(b) That the court has entered a dispositional order pursuant to RCW
13.34.130;
(c) That the child has been removed or will, at the time of the hearing,
have been removed from the custody of the parent for a period of at least six
months pursuant to a finding of dependency;
(d) That the services ordered under RCW 13.34.136 have been
expressly and understandably offered or provided and all necessary services,
reasonably available, capable of correcting the parental deficiencies within
the foreseeable future have been expressly and understandably offered or
provided;
(e) That there is little likelihood that conditions will be remedied so that
the child can be returned to the parent in the near future. A parent’s failure
to substantially improve parental deficiencies within twelve months following entry of the dispositional order shall give rise to a rebuttable presumption
that there is little likelihood that conditions will be remedied so that the child
can be returned to the parent in the near future. The presumption shall not
arise unless the petitioner makes a showing that all necessary services reasonably capable of correcting the parental deficiencies within the foreseeable
future have been clearly offered or provided. In determining whether the
conditions will be remedied the court may consider, but is not limited to, the
following factors:
(i) Use of intoxicating or controlled substances so as to render the parent incapable of providing proper care for the child for extended periods of
time or for periods of time that present a risk of imminent harm to the child,
and documented unwillingness of the parent to receive and complete treatment or documented multiple failed treatment attempts; ((or))
(ii) Psychological incapacity or mental deficiency of the parent that is
so severe and chronic as to render the parent incapable of providing proper
care for the child for extended periods of time or for periods of time that
present a risk of imminent harm to the child, and documented unwillingness
of the parent to receive and complete treatment or documentation that there
is no treatment that can render the parent capable of providing proper care for
the child in the near future; or
(iii) Failure of the parent to have contact with the child for an extended
period of time after the filing of the dependency petition if the parent was
provided an opportunity to have a relationship with the child by the department or the court and received documented notice of the potential consequences of this failure, except that the actual inability of a parent to have visitation with the child including, but not limited to, mitigating circumstances
such as a parent’s incarceration or service in the military does not in and of
itself constitute failure to have contact with the child; and
(f) That continuation of the parent and child relationship clearly diminishes the child’s prospects for early integration into a stable and permanent
home.
(2) In lieu of the allegations in subsection (1) of this section, the petition may allege that the child was found under such circumstances that the
whereabouts of the child’s parent are unknown and no person has acknowledged paternity or maternity and requested custody of the child within two
months after the child was found.
(3) In lieu of the allegations in subsection (1)(b) through (f) of this section, the petition may allege that the parent has been convicted of:
(a) Murder in the first degree, murder in the second degree, or homicide
by abuse as defined in chapter 9A.32 RCW against another child of the parent;
(b) Manslaughter in the first degree or manslaughter in the second
degree, as defined in chapter 9A.32 RCW against another child of the parent;
(2010 Ed.)
13.34.180
(c) Attempting, conspiring, or soliciting another to commit one or more
of the crimes listed in (a) or (b) of this subsection; or
(d) Assault in the first or second degree, as defined in chapter 9A.36
RCW, against the surviving child or another child of the parent.
(4) Notice of rights shall be served upon the parent, guardian, or legal
custodian with the petition and shall be in substantially the following form:
"NOTICE
A petition for termination of parental rights has been filed against
you. You have important legal rights and you must take steps to
protect your interests. This petition could result in permanent
loss of your parental rights.
1. You have the right to a fact-finding hearing before a
judge.
2. You have the right to have a lawyer represent you at the
hearing. A lawyer can look at the files in your case, talk to the
department of social and health services and other agencies, tell
you about the law, help you understand your rights, and help you
at hearings. If you cannot afford a lawyer, the court will appoint
one to represent you. To get a court-appointed lawyer you must
contact: (explain local procedure) .
3. At the hearing, you have the right to speak on your own
behalf, to introduce evidence, to examine witnesses, and to
receive a decision based solely on the evidence presented to the
judge.
You should be present at this hearing.
You may call (insert agency) for more information
about your child. The agency’s name and telephone number are
(insert name and telephone number) ."
[2009 c 477 § 5; 2001 c 332 § 4; 2000 c 122 § 25; 1998 c 314
§ 4; 1997 c 280 § 2. Prior: 1993 c 412 § 2; 1993 c 358 § 3;
1990 c 246 § 7; 1988 c 201 § 2; 1987 c 524 § 6; 1979 c 155 §
47; 1977 ex.s. c 291 § 46.]
Findings—Intent—2009 c 477: See note following RCW 13.34.062.
13.34.180
13.34.180 Order terminating parent and child relationship—Petition—Filing—Allegations (as amended by 2009 c 520). (1) A petition
seeking termination of a parent and child relationship may be filed in juvenile court by any party, including the supervising agency, to the dependency
proceedings concerning that child. Such petition shall conform to the
requirements of RCW 13.34.040, shall be served upon the parties as provided in RCW 13.34.070(8), and shall allege all of the following unless subsection (2) or (3) of this section applies:
(a) That the child has been found to be a dependent child;
(b) That the court has entered a dispositional order pursuant to RCW
13.34.130;
(c) That the child has been removed or will, at the time of the hearing,
have been removed from the custody of the parent for a period of at least six
months pursuant to a finding of dependency;
(d) That the services ordered under RCW 13.34.136 have been
expressly and understandably offered or provided and all necessary services,
reasonably available, capable of correcting the parental deficiencies within
the foreseeable future have been expressly and understandably offered or
provided;
(e) That there is little likelihood that conditions will be remedied so that
the child can be returned to the parent in the near future. A parent’s failure
to substantially improve parental deficiencies within twelve months following entry of the dispositional order shall give rise to a rebuttable presumption
that there is little likelihood that conditions will be remedied so that the child
can be returned to the parent in the near future. The presumption shall not
arise unless the petitioner makes a showing that all necessary services reasonably capable of correcting the parental deficiencies within the foreseeable
future have been clearly offered or provided. In determining whether the
conditions will be remedied the court may consider, but is not limited to, the
following factors:
(i) Use of intoxicating or controlled substances so as to render the parent incapable of providing proper care for the child for extended periods of
time or for periods of time that present a risk of imminent harm to the child,
and documented unwillingness of the parent to receive and complete treatment or documented multiple failed treatment attempts; or
(ii) Psychological incapacity or mental deficiency of the parent that is
so severe and chronic as to render the parent incapable of providing proper
care for the child for extended periods of time or for periods of time that
[Title 13 RCW—page 61]
13.34.190
Title 13 RCW: Juvenile Courts and Juvenile Offenders
present a risk of imminent harm to the child, and documented unwillingness
of the parent to receive and complete treatment or documentation that there
is no treatment that can render the parent capable of providing proper care for
the child in the near future; and
(f) That continuation of the parent and child relationship clearly diminishes the child’s prospects for early integration into a stable and permanent
home.
(2) In lieu of the allegations in subsection (1) of this section, the petition may allege that the child was found under such circumstances that the
whereabouts of the child’s parent are unknown and no person has acknowledged paternity or maternity and requested custody of the child within two
months after the child was found.
(3) In lieu of the allegations in subsection (1)(b) through (f) of this section, the petition may allege that the parent has been convicted of:
(a) Murder in the first degree, murder in the second degree, or homicide
by abuse as defined in chapter 9A.32 RCW against another child of the parent;
(b) Manslaughter in the first degree or manslaughter in the second
degree, as defined in chapter 9A.32 RCW against another child of the parent;
(c) Attempting, conspiring, or soliciting another to commit one or more
of the crimes listed in (a) or (b) of this subsection; or
(d) Assault in the first or second degree, as defined in chapter 9A.36
RCW, against the surviving child or another child of the parent.
(4) Notice of rights shall be served upon the parent, guardian, or legal
custodian with the petition and shall be in substantially the following form:
"NOTICE
A petition for termination of parental rights has been filed against
you. You have important legal rights and you must take steps to
protect your interests. This petition could result in permanent
loss of your parental rights.
1. You have the right to a fact-finding hearing before a
judge.
2. You have the right to have a lawyer represent you at the
hearing. A lawyer can look at the files in your case, talk to the
((department of social and health services)) supervising agency
and other agencies, tell you about the law, help you understand
your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a courta pp oi n te d l a wye r yo u m us t co n ta c t :
(e x pl a i n l o ca l
procedure) .
3. At the hearing, you have the right to speak on your own
behalf, to introduce evidence, to examine witnesses, and to
receive a decision based solely on the evidence presented to the
judge.
You should be present at this hearing.
You may call (insert agency) for more information
about your child. The agency’s name and telephone number are
(insert name and telephone number) ."
[2009 c 520 § 34; 2001 c 332 § 4; 2000 c 122 § 25; 1998 c 314
§ 4; 1997 c 280 § 2. Prior: 1993 c 412 § 2; 1993 c 358 § 3;
1990 c 246 § 7; 1988 c 201 § 2; 1987 c 524 § 6; 1979 c 155 §
47; 1977 ex.s. c 291 § 46.]
Reviser’s note: RCW 13.34.180 was amended twice during the 2009
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Additional notes found at www.leg.wa.gov
13.34.190 Order terminating parent and child relationship—Findings. (1) Except as provided in subsection
(2) of this section, after hearings pursuant to RCW 13.34.110
or 13.34.130, the court may enter an order terminating all
parental rights to a child only if the court finds that:
(a)(i) The allegations contained in the petition as provided in RCW 13.34.180(1) are established by clear, cogent,
and convincing evidence; or
(ii) The provisions of RCW 13.34.180(1) (a), (b), (e),
and (f) are established beyond a reasonable doubt and if so,
then RCW 13.34.180(1) (c) and (d) may be waived. When an
13.34.190
[Title 13 RCW—page 62]
infant has been abandoned, as defined in RCW 13.34.030,
and the abandonment has been proved beyond a reasonable
doubt, then RCW 13.34.180(1) (c) and (d) may be waived; or
(iii) The allegation under RCW 13.34.180(2) is established beyond a reasonable doubt. In determining whether
RCW 13.34.180(1) (e) and (f) are established beyond a reasonable doubt, the court shall consider whether one or more
of the aggravated circumstances listed in RCW 13.34.132
exist; or
(iv) The allegation under RCW 13.34.180(3) is established beyond a reasonable doubt; and
(b) Such an order is in the best interests of the child.
(2) In any proceeding under this chapter for termination
of the parent-child relationship of an Indian child as defined
in 25 U.S.C. Sec. 1903, no termination of parental rights may
be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt,
including testimony of qualified expert witnesses, that the
continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. [2010 c 288 § 2; 2000 c 122 § 26; 1998 c 314
§ 5; 1993 c 412 § 3; 1992 c 145 § 15; 1990 c 284 § 33; 1979
c 155 § 48; 1977 ex.s. c 291 § 47.]
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
Additional notes found at www.leg.wa.gov
13.34.200 Order terminating parent and child relationship—Rights of parties when granted. (1) Upon the
termination of parental rights pursuant to RCW 13.34.180, all
rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, visitation, or
support existing between the child and parent shall be severed and terminated and the parent shall have no standing to
appear at any further legal proceedings concerning the child,
except as provided in RCW 13.34.215: PROVIDED, That
any support obligation existing prior to the effective date of
the order terminating parental rights shall not be severed or
terminated. The rights of one parent may be terminated without affecting the rights of the other parent and the order shall
so state.
(2) An order terminating the parent and child relationship shall not disentitle a child to any benefit due the child
from any third person, agency, state, or the United States, nor
shall any action under this chapter be deemed to affect any
rights and benefits that an Indian child derives from the
child’s descent from a member of a federally recognized
Indian tribe.
(3) An order terminating the parent-child relationship
shall include a statement addressing the status of the child’s
sibling relationships and the nature and extent of sibling
placement, contact, or visits. [2007 c 413 § 2; 2003 c 227 §
7; 2000 c 122 § 27; 1977 ex.s. c 291 § 48.]
13.34.200
Severability—2007 c 413: See note following RCW 13.34.215.
Intent—2003 c 227: See note following RCW 13.34.130.
Additional notes found at www.leg.wa.gov
13.34.210 Order terminating parent and child relationship—Custody where no one has parental rights. If,
upon entering an order terminating the parental rights of a
13.34.210
(2010 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
parent, there remains no parent having parental rights, the
court shall commit the child to the custody of the department
or a supervising agency willing to accept custody for the purpose of placing the child for adoption. If an adoptive home
has not been identified, the department or supervising agency
shall place the child in a licensed foster home, or take other
suitable measures for the care and welfare of the child. The
custodian shall have authority to consent to the adoption of
the child consistent with chapter 26.33 RCW, the marriage of
the child, the enlistment of the child in the armed forces of the
United States, necessary surgical and other medical treatment
for the child, and to consent to such other matters as might
normally be required of the parent of the child.
If a child has not been adopted within six months after
the date of the order and a guardianship of the child under
chapter 13.36 RCW or chapter 11.88 RCW, or a permanent
custody order under chapter 26.10 RCW, has not been
entered by the court, the court shall review the case every six
months until a decree of adoption is entered. The supervising
agency shall take reasonable steps to ensure that the child
maintains relationships with siblings as provided in *RCW
13.34.130(3) and shall report to the court the status and extent
of such relationships. [2010 c 272 § 13. Prior: 2009 c 520 §
35; 2009 c 152 § 2; 2003 c 227 § 8; 2000 c 122 § 28; 1991 c
127 § 6; 1988 c 203 § 2; 1979 c 155 § 49; 1977 ex.s. c 291 §
49.]
*Reviser’s note: RCW 13.34.130 was amended by 2010 c 288 § 1,
changing subsection (3) to subsection (4).
Intent—2003 c 227: See note following RCW 13.34.130.
Additional notes found at www.leg.wa.gov
13.34.215 Petition reinstating terminated parental
rights—Notice—Achievement of permanency plan—
Effect of granting the petition—Hearing—Child support
liability—Retroactive application—Limitation on liability. (1) A child may petition the juvenile court to reinstate the
previously terminated parental rights of his or her parent
under the following circumstances:
(a) The child was previously found to be a dependent
child under this chapter;
(b) The child’s parent’s rights were terminated in a proceeding under this chapter;
(c) The child has not achieved his or her permanency
plan within three years of a final order of termination; and
(d) The child must be at least twelve years old at the time
the petition is filed. Upon the child’s motion for good cause
shown, or on its own motion, the court may hear a petition
filed by a child younger than twelve years old.
(2) If the child is eligible to petition the juvenile court
under subsection (1) of this section and a parent whose rights
have been previously terminated contacts the department or
supervising agency or the child’s guardian ad litem regarding
reinstatement, the department or supervising agency or the
guardian ad litem must notify the eligible child about his or
her right to petition for reinstatement of parental rights.
(3) A child seeking to petition under this section shall be
provided counsel at no cost to the child.
(4) The petition must be signed by the child in the
absence of a showing of good cause as to why the child could
not do so.
13.34.215
(2010 Ed.)
13.34.215
(5) If, after a threshold hearing to consider the parent’s
apparent fitness and interest in reinstatement of parental
rights, the court finds by a preponderance of the evidence that
the best interests of the child may be served by reinstatement
of parental rights, the juvenile court shall order that a hearing
on the merits of the petition be held.
(6) The court shall give prior notice for any proceeding
under this section, or cause prior notice to be given, to the
department or the supervising agency, the child’s attorney,
and the child. The court shall also order the department or
supervising agency to give prior notice of any hearing to the
child’s former parent whose parental rights are the subject of
the petition, any parent whose rights have not been terminated, the child’s current foster parent, relative caregiver,
guardian or custodian, and the child’s tribe, if applicable.
(7) The juvenile court shall conditionally grant the petition if it finds by clear and convincing evidence that the child
has not achieved his or her permanency plan and is not likely
to imminently achieve his or her permanency plan and that
reinstatement of parental rights is in the child’s best interest.
In determining whether reinstatement is in the child’s best
interest the court shall consider, but is not limited to, the following:
(a) Whether the parent whose rights are to be reinstated
is a fit parent and has remedied his or her deficits as provided
in the record of the prior termination proceedings and prior
termination order;
(b) The age and maturity of the child, and the ability of
the child to express his or her preference;
(c) Whether the reinstatement of parental rights will
present a risk to the child’s health, welfare, or safety; and
(d) Other material changes in circumstances, if any, that
may have occurred which warrant the granting of the petition.
(8) In determining whether the child has or has not
achieved his or her permanency plan or whether the child is
likely to achieve his or her permanency plan, the department
or supervising agency shall provide the court, and the court
shall review, information related to any efforts to achieve the
permanency plan including efforts to achieve adoption or a
permanent guardianship.
(9)(a) If the court conditionally grants the petition under
subsection (7) of this section, the case will be continued for
six months and a temporary order of reinstatement entered.
During this period, the child shall be placed in the custody of
the parent. The department or supervising agency shall
develop a permanency plan for the child reflecting the plan to
be reunification and shall provide transition services to the
family as appropriate.
(b) If the child must be removed from the parent due to
abuse or neglect allegations prior to the expiration of the conditional six-month period, the court shall dismiss the petition
for reinstatement of parental rights if the court finds the allegations have been proven by a preponderance of the evidence.
(c) If the child has been successfully placed with the parent for six months, the court order reinstating parental rights
remains in effect and the court shall dismiss the dependency.
(10) After the child has been placed with the parent for
six months, the court shall hold a hearing. If the placement
with the parent has been successful, the court shall enter a
final order of reinstatement of parental rights, which shall
[Title 13 RCW—page 63]
13.34.232
Title 13 RCW: Juvenile Courts and Juvenile Offenders
restore all rights, powers, privileges, immunities, duties, and
obligations of the parent as to the child, including those relating to custody, control, and support of the child. The court
shall dismiss the dependency and direct the clerk’s office to
provide a certified copy of the final order of reinstatement of
parental rights to the parent at no cost.
(11) The granting of the petition under this section does
not vacate or otherwise affect the validity of the original termination order.
(12) Any parent whose rights are reinstated under this
section shall not be liable for any child support owed to the
department pursuant to RCW 13.34.160 or Title 26 RCW or
costs of other services provided to a child for the time period
from the date of termination of parental rights to the date
parental rights are reinstated.
(13) A proceeding to reinstate parental rights is a separate action from the termination of parental rights proceeding
and does not vacate the original termination of parental
rights. An order granted under this section reinstates the
parental rights to the child. This reinstatement is a recognition that the situation of the parent and child have changed
since the time of the termination of parental rights and reunification is now appropriate.
(14) This section is retroactive and applies to any child
who is under the jurisdiction of the juvenile court at the time
of the hearing regardless of the date parental rights were terminated.
(15) The state, the department, the supervising agency,
and its employees are not liable for civil damages resulting
from any act or omission in the provision of services under
this section, unless the act or omission constitutes gross negligence. This section does not create any duty and shall not
be construed to create a duty where none exists. This section
does not create a cause of action against the state, the department, the supervising agency, or its employees concerning
the original termination. [2010 c 180 § 4; 2009 c 520 § 36;
2008 c 267 § 1; 2007 c 413 § 1.]
Findings—2010 c 180: See note following RCW 13.34.100.
Severability—2007 c 413: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2007 c 413 § 13.]
13.34.232
13.34.232 Guardianship for dependent child—
Order, contents—Rights and duties of dependency
guardian. (1) An order establishing a dependency guardianship shall:
(a) Appoint a person or agency to serve as dependency
guardian for the limited purpose of assisting the court to
supervise the dependency;
(b) Specify the dependency guardian’s rights and
responsibilities concerning the care, custody, and control of
the child. A dependency guardian shall not have the authority to consent to the child’s adoption;
(c) Specify the dependency guardian’s authority, if any,
to receive, invest, and expend funds, benefits, or property
belonging to the child;
(d) Specify an appropriate frequency of visitation
between the parent and the child; and
[Title 13 RCW—page 64]
(e) Specify the need for any continued involvement of
the supervising agency and the nature of that involvement, if
any.
(2) Unless the court specifies otherwise in the guardianship order, the dependency guardian shall maintain the physical custody of the child and have the following rights and
duties:
(a) Protect, discipline, and educate the child;
(b) Provide food, clothing, shelter, education as required
by law, and routine health care for the child;
(c) Consent to necessary health and surgical care and
sign a release of health care information to appropriate
authorities, pursuant to law;
(d) Consent to social and school activities of the child;
and
(e) Provide an annual written accounting to the court
regarding receipt by the dependency guardian of any funds,
benefits, or property belonging to the child and expenditures
made therefrom.
(3) As used in this section, the term "health care"
includes, but is not limited to, medical, dental, psychological,
and psychiatric care and treatment.
(4) The child shall remain dependent for the duration of
the guardianship. While the guardianship remains in effect,
the dependency guardian shall be a party to any dependency
proceedings pertaining to the child.
(5) The guardianship shall remain in effect only until the
child is eighteen years of age or until the court terminates the
guardianship order, whichever occurs sooner. [2010 c 272 §
14; 1994 c 288 § 7; 1993 c 412 § 4; 1981 c 195 § 3.]
13.34.233 Guardianship for dependent child—Modification or termination of order—Hearing—Termination
of guardianship. (1) Any party may request the court under
RCW 13.34.150 to modify or terminate a dependency guardianship order. Notice of any motion to modify or terminate
the guardianship shall be served on all other parties, including any agency that was responsible for supervising the
child’s placement at the time the guardianship petition was
filed. Notice in all cases shall be served upon the department.
If the department or supervising agency was not previously a
party to the guardianship proceeding, the department or
supervising agency shall nevertheless have the right to: (a)
Initiate a proceeding to modify or terminate a guardianship;
and (b) intervene at any stage of such a proceeding.
(2) The guardianship may be modified or terminated
upon the motion of any party, the department, or the supervising agency if the court finds by a preponderance of the evidence that there has been a substantial change of circumstances subsequent to the establishment of the guardianship
and that it is in the child’s best interest to modify or terminate
the guardianship. The court shall hold a hearing on the
motion before modifying or terminating a guardianship.
(3) Upon entry of an order terminating the guardianship,
the dependency guardian shall not have any rights or responsibilities with respect to the child and shall not have legal
standing to participate as a party in further dependency proceedings pertaining to the child. The court may allow the
child’s dependency guardian to attend dependency review
proceedings pertaining to the child for the sole purpose of
providing information about the child to the court.
13.34.233
(2010 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
(4) Upon entry of an order terminating the guardianship,
the child shall remain dependent and the court shall either
return the child to the child’s parent or order the child into the
custody, control, and care of the department or a supervising
agency for placement in a foster home or group care facility
licensed pursuant to chapter 74.15 RCW or in a home not
required to be licensed pursuant to such chapter. The court
shall not place a child in the custody of the child’s parent
unless the court finds that reasons for removal as set forth in
RCW 13.34.130 no longer exist and that such placement is in
the child’s best interest. The court shall thereafter conduct
reviews as provided in RCW 13.34.138 and, where applicable, shall hold a permanency planning hearing in accordance
with RCW 13.34.145. [2009 c 520 § 38; 2000 c 122 § 30;
1995 c 311 § 24; 1994 c 288 § 8; 1981 c 195 § 4.]
13.34.234
13.34.234 Guardianship for dependent child—
Dependency guardianship subsidies. A dependency guardian who is a licensed foster parent at the time the guardianship is established under this chapter and who has been the
child’s foster parent for a minimum of six consecutive
months preceding entry of the guardianship order may be eligible for a guardianship subsidy on behalf of the child. [2010
c 272 § 15; 2009 c 235 § 6; 1994 c 288 § 9; 1981 c 195 § 5.]
Findings—Intent—2009 c 235: See note following RCW 74.13.031.
13.34.235
13.34.235 Guardianship for dependent child—
Review hearing requirements not applicable—Exception.
A dependency guardianship is not subject to the review hearing requirements of RCW 13.34.138 unless ordered by the
court under RCW 13.34.232(1)(e). [2000 c 122 § 31; 1981 c
195 § 6.]
13.34.237
13.34.237 Guardianship for dependent child—Subject to dependency and termination of parent-child relationship provisions—Exceptions—Request to convert
dependency guardianship to guardianship—Dismissal of
dependency. (1) Notwithstanding the provisions of chapter
13.36 RCW, a dependency guardianship established by court
order under this chapter and in force on June 10, 2010, shall
remain subject to the provisions of this chapter unless: (a)
The dependency guardianship is modified or terminated
under the provisions of this chapter; or (b) the dependency
guardianship is converted by court order to a guardianship
pursuant to a petition filed under RCW 13.36.030.
(2) A dependency guardian or the department or supervising agency may request the juvenile court to convert a
dependency guardianship established under this chapter to a
guardianship under chapter 13.36 RCW by filing a petition
under RCW 13.36.030. If both the dependency guardian and
the department or supervising agency agree that the dependency guardianship should be converted to a guardianship
under this chapter, and if the court finds that such conversion
is in the child’s best interests, the court shall grant the petition
and enter an order of guardianship in accordance with RCW
13.36.050.
(3) The court shall dismiss the dependency established
under this chapter upon the entry of a guardianship order
under chapter 13.36 RCW. [2010 c 272 § 11.]
(2010 Ed.)
13.34.245
13.34.240 Acts, records, and proceedings of Indian
tribe or band given full faith and credit. The courts of this
state shall give full faith and credit as provided for in the
United States Constitution to the public acts, records, and
judicial proceedings of any Indian tribe or band in any proceeding brought pursuant to this chapter to the same extent
that full faith and credit is given to the public acts, records,
and judicial proceedings of any other state. [1979 c 155 §
52.]
13.34.240
Additional notes found at www.leg.wa.gov
13.34.245 Voluntary consent to foster care placement
for Indian child—Validation—Withdrawal of consent—
Termination. (1) Where any parent or Indian custodian voluntarily consents to foster care placement of an Indian child
and a petition for dependency has not been filed regarding the
child, such consent shall not be valid unless executed in writing before the court and filed with the court. The consent
shall be accompanied by the written certification of the court
that the terms and consequences of the consent were fully
explained in detail to the parent or Indian custodian during
the court proceeding and were fully understood by the parent
or Indian custodian. The court shall also certify in writing
either that the parent or Indian custodian fully understood the
explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Any
consent given prior to, or within ten days after, the birth of the
Indian child shall not be valid.
(2) To obtain court validation of a voluntary consent to
foster care placement, any person may file a petition for validation alleging that there is located or residing within the
county an Indian child whose parent or Indian custodian
wishes to voluntarily consent to foster care placement of the
child and requesting that the court validate the consent as provided in this section. The petition shall contain the name,
date of birth, and residence of the child, the names and residences of the consenting parent or Indian custodian, and the
name and location of the Indian tribe in which the child is a
member or eligible for membership. The petition shall state
whether the placement preferences of 25 U.S.C. Sec. 1915 (b)
or (c) will be followed. Reasonable attempts shall be made
by the petitioner to ascertain and set forth in the petition the
identity, location, and custodial status of any parent or Indian
custodian who has not consented to foster care placement and
why that parent or Indian custodian cannot assume custody of
the child.
(3) Upon filing of the petition for validation, the clerk of
the court shall schedule the petition for a hearing on the court
validation of the voluntary consent no later than forty-eight
hours after the petition has been filed, excluding Saturdays,
Sundays, and holidays. Notification of time, date, location,
and purpose of the validation hearing shall be provided as
soon as possible to the consenting parent or Indian custodian,
the department or supervising agency which is to assume
responsibility for the child’s placement and care pursuant to
the consent to foster care placement, and the Indian tribe in
which the child is enrolled or eligible for enrollment as a
member. If the identity and location of any nonconsenting
parent or Indian custodian is known, reasonable attempts
shall be made to notify the parent or Indian custodian of the
consent to placement and the validation hearing. Notification
13.34.245
[Title 13 RCW—page 65]
13.34.250
Title 13 RCW: Juvenile Courts and Juvenile Offenders
under this subsection may be given by the most expedient
means, including, but not limited to, mail, personal service,
telephone, and telegraph.
(4) Any parent or Indian custodian may withdraw consent to a voluntary foster care placement, made under this
section, at any time. Unless the Indian child has been taken
in custody pursuant to RCW 13.34.050 or 26.44.050, placed
in shelter care pursuant to RCW 13.34.060, or placed in foster care pursuant to RCW 13.34.130, the Indian child shall be
returned to the parent or Indian custodian upon withdrawal of
consent to foster care placement of the child.
(5) Upon termination of the voluntary foster care placement and return of the child to the parent or Indian custodian,
the department or supervising agency which had assumed
responsibility for the child’s placement and care pursuant to
the consent to foster care placement shall file with the court
written notification of the child’s return and shall also send
such notification to the Indian tribe in which the child is
enrolled or eligible for enrollment as a member and to any
other party to the validation proceeding including any noncustodial parent. [2009 c 520 § 39; 1997 c 386 § 18; 1987 c
170 § 2.]
Additional notes found at www.leg.wa.gov
13.34.250 Preference characteristics when placing
Indian child in foster care home. Whenever appropriate, an
Indian child shall be placed in a foster care home with the following characteristics which shall be given preference in the
following order:
(1) Relatives;
(2) An Indian family of the same tribe as the child;
(3) An Indian family of a Washington Indian tribe of a
similar culture to that tribe;
(4) Any other family which can provide a suitable home
for an Indian child, such suitability to be determined through
consultation with a local Indian child welfare advisory committee. [1979 c 155 § 53.]
(c) Participate in educational activities, and enter into
community-building activities with birth families and other
foster families;
(d) Transport children to family time visits with birth
families and assist children and their families in maximizing
the purposefulness of family time.
(3) For purposes of this section, "foster care team" means
the relative, other suitable person, or foster parent currently
providing care, the currently assigned social worker, and the
parent or parents; and "birth family" means the persons
described in RCW 74.15.020(2)(a). [2009 c 491 § 5; 2003 c
226 § 2; 2002 c 52 § 7; 2000 c 122 § 32; 1990 c 284 § 25.]
Findings—Intent—2003 c 226: "The legislature finds that a large
group of children spend a significant part of their lives in foster care. Each
individual connected to a child in an out-of-home placement must have an
abiding appreciation of the seriousness of the child’s separation from his or
her family and the past, whether that separation is short, long, or permanent
in nature. It is the intent of the legislature to recognize and honor the history
and the family connections that each child brings to an out-of-home placement.
The legislature finds that creating and sanctioning a connection
between a child’s birth parents and foster family, when appropriate, can
result in better relationships among birth families, children, foster families,
and social workers. Creating and sanctioning this connection can result in
greater foster placement stability and fewer disruptions for children, as well
as greater satisfaction for foster parents and social workers." [2003 c 226 §
1.]
13.34.250
Additional notes found at www.leg.wa.gov
13.34.260 Foster home placement—Parental preferences—Foster parent contact with birth parents encouraged. (1) In an attempt to minimize the inherent intrusion in
the lives of families involved in the foster care system and to
maintain parental authority where appropriate, the department, absent good cause, shall follow the wishes of the natural parent regarding the placement of the child with a relative
or other suitable person pursuant to RCW 13.34.130. Preferences such as family constellation, sibling relationships, ethnicity, and religion shall be considered when matching children to foster homes. Parental authority is appropriate in
areas that are not connected with the abuse or neglect that
resulted in the dependency and shall be integrated through
the foster care team.
(2) When a child is placed in out-of-home care, relatives,
other suitable persons, and foster parents are encouraged to:
(a) Provide consultation to the foster care team based
upon their experience with the child placed in their care;
(b) Assist the birth parents by helping them understand
their child’s needs and correlating appropriate parenting
responses;
13.34.260
[Title 13 RCW—page 66]
Intent—2002 c 52: See note following RCW 13.34.025.
Finding—Effective date—1990 c 284: See notes following RCW
74.13.250.
13.34.265 Foster home placement—Considerations.
If a child has been previously placed in out-of-home care and
is subsequently returned to out-of-home care, and the department cannot locate an appropriate and available relative or
other suitable person, the preferred placement for the child is
in a foster family home where the child previously was
placed, if the following conditions are met:
(1) The foster family home is available and willing to
care for the child;
(2) The foster family is appropriate and able to meet the
child’s needs; and
(3) The placement is in the best interest of the child.
[2009 c 482 § 2.]
13.34.265
13.34.270 Child with developmental disability—Outof-home placement—Permanency planning hearing. (1)
Whenever the department places a child with a developmental disability in out-of-home care pursuant to RCW
74.13.350, the department shall obtain a judicial determination within one hundred eighty days of the placement that
continued placement is in the best interests of the child. If the
child’s out-of-home placement ends before one hundred
eighty days have elapsed, no judicial determination is
required.
(2) To obtain the judicial determination, the department
shall file a petition alleging that there is located or residing
within the county a child who has a developmental disability
and that the child has been placed in out-of-home care pursuant to RCW 74.13.350. The petition shall request that the
court review the child’s placement, make a determination
whether continued placement is in the best interests of the
child, and take other necessary action as provided in this sec13.34.270
(2010 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
tion. The petition shall contain the name, date of birth, and
residence of the child and the names and residences of the
child’s parent or legal guardian who has agreed to the child’s
placement in out-of-home care. Reasonable attempts shall be
made by the department to ascertain and set forth in the petition the identity, location, and custodial status of any parent
who is not a party to the placement agreement and why that
parent cannot assume custody of the child.
(3) Upon filing of the petition, the clerk of the court shall
schedule the petition for a hearing to be held no later than
fourteen calendar days after the petition has been filed. The
department shall provide notification of the time, date, and
purpose of the hearing to the parent or legal guardian who has
agreed to the child’s placement in out-of-home care. The
department shall also make reasonable attempts to notify any
parent who is not a party to the placement agreement, if the
parent’s identity and location is known. Notification under
this section may be given by the most expedient means,
including but not limited to, mail, personal service, and telephone.
(4) The court shall appoint a guardian ad litem for the
child as provided in RCW 13.34.100, unless the court for
good cause finds the appointment unnecessary.
(5) Permanency planning hearings shall be held as provided in this section. At the hearing, the court shall review
whether the child’s best interests are served by continued outof-home placement and determine the future legal status of
the child.
(a) For children age ten and under, a permanency planning hearing shall be held in all cases where the child has
remained in out-of-home care for at least nine months and an
adoption decree or guardianship order under chapter 11.88
RCW has not previously been entered. The hearing shall take
place no later than twelve months following commencement
of the child’s current placement episode.
(b) For children over age ten, a permanency planning
hearing shall be held in all cases where the child has
remained in out-of-home care for at least fifteen months and
an adoption decree or guardianship order under chapter 11.88
RCW has not previously been entered. The hearing shall take
place no later than eighteen months following commencement of the current placement episode.
(c) No later than ten working days before the permanency planning hearing, the department shall submit a written
permanency plan to the court and shall mail a copy of the plan
to all parties. The plan shall be directed toward securing a
safe, stable, and permanent home for the child as soon as possible. The plan shall identify one of the following outcomes
as the primary goal and may also identify additional outcomes as alternative goals: Return of the child to the home of
the child’s parent or legal guardian; adoption; guardianship;
or long-term out-of-home care, until the child is age eighteen,
with a written agreement between the parties and the child’s
care provider.
(d) If a goal of long-term out-of-home care has been
achieved before the permanency planning hearing, the court
shall review the child’s status to determine whether the placement and the plan for the child’s care remains appropriate. In
cases where the primary permanency planning goal has not
been achieved, the court shall inquire regarding the reasons
why the primary goal has not been achieved and determine
(2010 Ed.)
13.34.315
what needs to be done to make it possible to achieve the primary goal.
(e) Following the first permanency planning hearing, the
court shall hold a further permanency planning hearing in
accordance with this section at least once every twelve
months until a permanency planning goal is achieved or the
voluntary placement agreement is terminated.
(6) Any party to the voluntary placement agreement may
terminate the agreement at any time. Upon termination of the
agreement, the child shall be returned to the care of the
child’s parent or legal guardian, unless the child has been
taken into custody pursuant to RCW 13.34.050 or 26.44.050,
placed in shelter care pursuant to RCW 13.34.060, or placed
in foster care pursuant to RCW 13.34.130. The department
shall notify the court upon termination of the voluntary placement agreement and return of the child to the care of the
child’s parent or legal guardian. Whenever a voluntary
placement agreement is terminated, an action under this section shall be dismissed.
(7) When state or federal funds are expended for the care
and maintenance of a child with a developmental disability,
placed in care as a result of an action under this chapter, the
department shall refer the case to the division of child support, unless the department finds that there is good cause not
to pursue collection of child support against the parent or parents of the child.
(8) This section does not prevent the department from
filing a dependency petition if there is reason to believe that
the child is a dependent child as defined in RCW 13.34.030.
An action filed under this section shall be dismissed upon the
filing of a dependency petition regarding a child who is the
subject of the action under this section. [2004 c 183 § 2; 2000
c 122 § 33; 1998 c 229 § 2; 1997 c 386 § 19.]
Effective date—2004 c 183: See note following RCW 13.34.160.
Additional notes found at www.leg.wa.gov
13.34.300 Relevance of failure to cause juvenile to
attend school to neglect petition. The legislature finds that
it is the responsibility of the custodial parent, parents or
guardian to ensure that children within the custody of such
individuals attend school as provided for by law. To this end,
while a parent’s failure to cause a juvenile to attend school
should not alone provide a basis for a neglect petition against
the parent or guardian, when a neglect petition is filed on the
basis of other evidence, a parent or guardian’s failure to take
reasonable steps to ensure that the juvenile attends school
may be relevant to the question of the appropriate disposition
of a neglect petition. [2000 c 122 § 34; 1979 ex.s. c 201 § 3.]
13.34.300
13.34.315 Health care—Evaluation and treatment.
Whenever a child is ordered removed from his or her home
pursuant to this chapter, the agency charged with his or her
care may authorize an evaluation and treatment for the child’s
routine and necessary medical, dental, or mental health care,
and all necessary emergency care. [2006 c 221 § 2.]
13.34.315
Finding—2006 c 221: "The legislature recognizes that foster children
have enhanced health care needs and that it is necessary to improve the system of providing health care for foster children. The legislature further recognizes the importance of meeting the mental health needs of children in foster care, as well as their medical and dental health care needs. The legislature
finds that there must be greater coordination and integration of systems, in
[Title 13 RCW—page 67]
13.34.320
Title 13 RCW: Juvenile Courts and Juvenile Offenders
particular coordination between children’s administration and the health and
recovery services administration as well as other agencies that provide or pay
for health services for foster youth, to ensure that the health care needs of
children in foster care are met in a timely manner." [2006 c 221 § 1.]
13.34.320 Inpatient mental health treatment—When
parental consent required—Hearing. The department or
supervising agency shall obtain the prior consent of a child’s
parent, legal guardian, or legal custodian before a dependent
child is admitted into an inpatient mental health treatment
facility. If the child’s parent, legal guardian, or legal custodian is unavailable or does not agree with the proposed
admission, the department or supervising agency shall
request a hearing and provide notice to all interested parties
to seek prior approval of the juvenile court before such
admission. In the event that an emergent situation creating a
risk of substantial harm to the health and welfare of a child in
the custody of the department or supervising agency does not
allow time for the department or supervising agency to obtain
prior approval or to request a court hearing before consenting
to the admission of the child into an inpatient mental health
hospital, the department or supervising agency shall seek
court approval by requesting that a hearing be set on the first
available court date. [2009 c 520 § 40; 1999 c 188 § 2.]
13.34.320
Intent—1999 c 188: "It is the intent of the legislature that minor children in the care and custody of the department of social and health services
under chapter 13.34 RCW be provided the most appropriate possible mental
health care consistent with the child’s best interests, family reconciliation,
the child’s medical need for mental health treatment, available state and
community resources, and professional standards of medical care. The legislature intends that admission of such minors for mental health hospitalization be made pursuant to the criteria and standards for mental health services
for minors established in chapter 71.34 RCW, and that minor children in the
care and custody of the department in need of mental health hospitalization
shall retain all rights set forth therein. The legislature specifically intends
that this act may not be construed to affect the standards or procedures established for the involuntary commitment of minors under chapter 71.34
RCW." [1999 c 188 § 1.]
13.34.330 Inpatient mental health treatment—Placement. A dependent child who is admitted to an inpatient
mental health facility shall be placed in a facility, with available treatment space, that is closest to the family home,
unless the department or supervising agency, in consultation
with the admitting authority finds that admission in the facility closest to the child’s home would jeopardize the health or
safety of the child. [2009 c 520 § 41; 1999 c 188 § 3.]
13.34.330
Intent—1999 c 188: See note following RCW 13.34.320.
13.34.340 Release of records—Disclosure to treating
physician. For minors who cannot consent to the release of
their records with the department or supervising agency
because they are not old enough to consent to treatment, or, if
old enough, lack the capacity to consent, or if the minor is
receiving treatment involuntarily with a provider the department or supervising agency has authorized to provide mental
health treatment under RCW 13.34.320, the department or
supervising agency shall disclose, upon the treating physician’s request, all relevant records, including the minor’s
passport as established under RCW 74.13.285, in the department’s or supervising agency’s possession that the treating
physician determines contain information required for treatment of the minor. The treating physician shall maintain all
records received from the department or supervising agency
13.34.340
[Title 13 RCW—page 68]
in a manner that distinguishes the records from any other
records in the minor’s file with the treating physician and the
department or supervising agency records may not be disclosed by the treating physician to any other person or entity
absent a court order except that, for medical purposes only, a
treating physician may disclose the department or supervising agency records to another treating physician. [2009 c 520
§ 42; 2000 c 122 § 35; 1999 c 188 § 4.]
Intent—1999 c 188: See note following RCW 13.34.320.
13.34.350 Dependent children—Information sharing—Guidelines. In order to facilitate communication of
information needed to serve the best interest of any child who
is the subject of a dependency case filed under this chapter,
the department shall, consistent with state and federal law
governing the release of confidential information, establish
guidelines, and shall use those guidelines for the facilitation
of communication of relevant information among divisions,
providers, the courts, the family, caregivers, caseworkers,
and others. [2009 c 520 § 43; 2001 c 52 § 2.]
13.34.350
Finding—2001 c 52: "Recent analysis of the child dependency system
following the death of Zy’Nyia Nobles indicated poor communication of relevant information from the courts, to the department, within programs
between caseworkers, between divisions, among specialists, caregivers, and
family. Appropriate service delivery necessitates communication of relevant
information. Barriers to appropriate communication must be eliminated."
[2001 c 52 § 1.]
Construction—2001 c 52: "Nothing in this act shall be construed to
create a private right of action or claim against the department of social and
health services on the part of any individual or organization." [2001 c 52 §
4.]
13.34.360 Transfer of newborn to qualified person—
Criminal liability—Notification to child protective services—Definitions. (1) For purposes of this section:
(a) "Appropriate location" means (i) the emergency
department of a hospital licensed under chapter 70.41 RCW
during the hours the hospital is in operation; (ii) a fire station
during its hours of operation and while fire personnel are
present; or (iii) a federally designated rural health clinic during its hours of operation.
(b) "Newborn" means a live human being who is less
than seventy-two hours old.
(c) "Qualified person" means (i) any person that the parent transferring the newborn reasonably believes is a bona
fide employee, volunteer, or medical staff member of the
hospital or federally designated rural health clinic and who
represents to the parent transferring the newborn that he or
she can and will summon appropriate resources to meet the
newborn’s immediate needs; or (ii) a firefighter, volunteer, or
emergency medical technician at a fire station who represents
to the parent transferring the newborn that he or she can and
will summon appropriate resources to meet the newborn’s
immediate needs.
(2) A parent of a newborn who transfers the newborn to
a qualified person at an appropriate location is not subject to
criminal liability under RCW 9A.42.060, 9A.42.070,
9A.42.080, 26.20.030, or 26.20.035.
(3)(a) The qualified person at an appropriate location
shall not require the parent transferring the newborn to provide any identifying information in order to transfer the newborn.
13.34.360
(2010 Ed.)
Juvenile Court Act—Dependency and Termination of Parent-Child Relationship
(b) The qualified person at an appropriate location shall
attempt to protect the anonymity of the parent who transfers
the newborn, while providing an opportunity for the parent to
anonymously give the qualified person such information as
the parent knows about the family medical history of the parents and the newborn. The qualified person at an appropriate
location shall provide referral information about adoption
options, counseling, appropriate medical and emotional aftercare services, domestic violence, and legal rights to the parent seeking to transfer the newborn.
(c) If a parent of a newborn transfers the newborn to a
qualified person at an appropriate location pursuant to this
section, the qualified person shall cause child protective services to be notified within twenty-four hours after receipt of
such a newborn. Child protective services shall assume custody of the newborn within twenty-four hours after receipt of
notification.
(d) A federally designated rural health clinic is not
required to provide ongoing medical care of a transferred
newborn beyond that already required by law and may transfer the newborn to a hospital licensed under chapter 70.41
RCW. The federally designated rural health clinic shall
notify child protective services of the transfer of the newborn
to the hospital.
(e) A hospital, federally designated rural health clinic, or
fire station, its employees, volunteers, and medical staff are
immune from any criminal or civil liability for accepting or
receiving a newborn under this section.
(4)(a) Beginning July 1, 2011, an appropriate location
shall post a sign indicating that the location is an appropriate
place for the safe and legal transfer of a newborn.
(b) To cover the costs of acquiring and placing signs,
appropriate locations may accept nonpublic funds and donations. [2009 c 290 § 1; 2002 c 331 § 2.]
Intent—2002 c 331: "The legislature intends to increase the likelihood
that pregnant women will obtain adequate prenatal care and will provide
their newborns with adequate health care during the first few days of their
lives. The legislature recognizes that prenatal and postdelivery health care
for newborns and their mothers is especially critical to their survival and
well-being. The legislature does not intend to encourage the abandonment of
newborn children nor to change existing law relating to notification to parents under chapter 13.34 RCW, but rather to assure that abandonment does
not occur and that all newborns have an opportunity for adequate health care
and a stable home life." [2002 c 331 § 1.]
Effective date—2002 c 331: "Sections 1 through 7 of this act are necessary for the immediate preservation of the public peace, health, or safety,
or support of the state government and its existing public institutions, and
take effect immediately [April 3, 2002]." [2002 c 331 § 9.]
13.34.370 Evaluation of parties—Selection of evaluators. The court may order expert evaluations of parties to
obtain information regarding visitation issues or other issues
in a case. These evaluations shall be performed by appointed
evaluators who are mutually agreed upon by the court, the
supervising agency, the department, and the parents’ counsel,
and, if the child is to be evaluated, by the representative for
the child. If no agreement can be reached, the court shall
select the expert evaluator. [2009 c 520 § 44; 2004 c 146 §
2.]
13.34.370
13.34.380 Visitation policies and protocols—Development—Elements. The department shall develop consistent policies and protocols, based on current relevant
13.34.380
(2010 Ed.)
13.34.385
research, concerning visitation for dependent children to be
implemented consistently throughout the state. The department shall develop the policies and protocols in consultation
with researchers in the field, community-based agencies,
court-appointed special advocates, parents’ representatives,
and court representatives. The policies and protocols shall
include, but not be limited to: The structure and quality of
visitations; and training for department and supervising
agency caseworkers, visitation supervisors, and foster parents related to visitation.
The policies and protocols shall be consistent with the
provisions of this chapter and implementation of the policies
and protocols shall be consistent with relevant orders of the
court. [2009 c 520 § 45; 2004 c 146 § 3.]
13.34.385 Petition for visitation—Relatives of dependent children—Notice—Modification of order—Effect of
granting the petition—Retroactive application. (1) A relative of a dependent child may petition the juvenile court for
reasonable visitation with the child if:
(a) The child has been found to be a dependent child
under this chapter;
(b) The parental rights of both of the child’s parents have
been terminated;
(c) The child is in the custody of the department, another
public agency, or a supervising agency; and
(d) The child has not been adopted and is not in a preadoptive home or other permanent placement at the time the
petition for visitation is filed.
(2) The court shall give prior notice for any proceeding
under this section, or cause prior notice to be given, to the
department, other public agency, or supervising agency having custody of the child, the child’s attorney or guardian ad
litem if applicable, and the child. The court shall also order
the custodial agency to give prior notice of any hearing to the
child’s current foster parent, relative caregiver, guardian or
custodian, and the child’s tribe, if applicable.
(3) The juvenile court may grant the petition for visitation if it finds that the requirements of subsection (1) of this
section have been met, and that unsupervised visitation
between the child and the relative does not present a risk to
the child’s safety or well-being and that the visitation is in the
best interests of the child. In determining the best interests of
the child the court shall consider, but is not limited to, the following:
(a) The love, affection, and strength of the relationship
between the child and the relative;
(b) The length and quality of the prior relationship
between the child and the relative;
(c) Any criminal convictions for or founded history of
abuse or neglect of a child by the relative;
(d) Whether the visitation will present a risk to the
child’s health, welfare, or safety;
(e) The child’s reasonable preference, if the court considers the child to be of sufficient age to express a preference;
(f) Any other factor relevant to the child’s best interest.
(4) The visitation order may be modified at any time
upon a showing that the visitation poses a risk to the child’s
safety or well-being. The visitation order shall state that visitation will automatically terminate upon the child’s placement in a preadoptive home, if the child is adopted, or if there
13.34.385
[Title 13 RCW—page 69]
13.34.390
Title 13 RCW: Juvenile Courts and Juvenile Offenders
is a subsequent founded abuse or neglect allegation against
the relative.
(5) The granting of the petition under this section does
not grant the relative the right to participate in the dependency action and does not grant any rights to the relative not
otherwise specified in the visitation order.
(6) This section is retroactive and applies to any eligible
dependent child at the time of the filing of the petition for visitation, regardless of the date parental rights were terminated.
(7) For the purpose of this section, "relative" means a relative as defined in RCW 74.15.020(2)(a), except parents.
(8) This section is intended to provide an additional procedure by which a relative may request visitation with a
dependent child. It is not intended to impair or alter the ability a court currently has to order visitation with a relative
under the dependency statutes. [2009 c 520 § 46; 2008 c 259
§ 1.]
13.34.390 Comprehensive services for drug-affected
and alcohol-affected mothers and infants. The department
and the department of health shall develop and expand comprehensive services for drug-affected and alcohol-affected
mothers and infants. Subject to funds appropriated for this
purpose, the expansion shall be in evidence-based, researchbased, or consensus-based practices, and shall expand capacity in underserved regions of the state. [2009 c 520 § 47;
2005 c 504 § 303.]
13.34.390
the visitation. The documentation attached to the report shall
not include the entire visitation history.
(3) If the report contains a recommendation, opinion, or
assertion by the department or supervising agency relating to
the psychological status of a person, the department or supervising agency shall attach the document upon which the recommendation, opinion, or assertion was based. The documentation may include the progress report, evaluation, or
summary submitted by the provider, but shall not include the
entire history of the person.
(4) If the report contains a recommendation, opinion, or
assertion by the department or supervising agency relating to
injuries to a child, the department or supervising agency shall
attach a summary of the physician’s report, prepared by the
physician or the physician’s designee, relating to the recommendation, opinion, or assertion by the department.
(5) If the report contains a recommendation, opinion, or
assertion by the department or supervising agency relating to
a home study, licensing action, or background check information, the department or supervising agency shall attach the
document or documents upon which that recommendation,
opinion, or assertion is based. [2009 c 520 § 48; 2007 c 411
§ 2.]
Finding—2007 c 411: "The legislature finds that in order to allow
courts to make well-informed placement decisions for children in the care of
the state, the courts must have accurate information, including documentation supporting assertions or recommendations made by social workers,
when appropriate." [2007 c 411 § 1.]
Findings—Intent—Severability—Application—Construction—
Captions, part headings, subheadings not law—Adoption of rules—
Effective dates—2005 c 504: See notes following RCW 71.05.027.
Short title—2007 c 411: "This act shall be known and cited as the
Rafael Gomez act." [2007 c 411 § 3.]
Alphabetization—Correction of references—2005 c 504: See note
following RCW 71.05.020.
13.34.800 Drug-affected and alcohol-affected
infants—Model project. To the extent funds are appropriated, the department shall operate a model project to provide
services to women who give birth to infants exposed to the
nonprescription use of controlled substances or abuse of alcohol by the mother during pregnancy. Within available funds,
the project may be offered in one site in each of the three
department’s administrative regions that have the highest
incidence of drug-affected or alcohol-affected infants annually. The project shall accept women referred to it by the
department following the birth of a drug-affected or alcoholaffected infant. The model project shall be concluded by July
1, 2002. [1998 c 314 § 30.]
13.34.400 Child welfare proceedings—Placement—
Documentation. In any proceeding under this chapter, if the
department or supervising agency submits a report to the
court in which the department is recommending a new placement or a change in placement, the department or supervising
agency shall include the documents relevant to persons in the
home in which a child will be placed and listed in subsections
(1) through (5) of this section to the report. The department
or supervising agency shall include only these relevant documents and shall not attach the entire history of the subject of
the report.
(1) If the report contains a recommendation, opinion, or
assertion by the department or supervising agency relating to
substance abuse treatment, mental health treatment, anger
management classes, or domestic violence classes, the
department or supervising agency shall attach the document
upon which the recommendation, opinion, or assertion was
based. The documentation may include the progress report or
evaluation submitted by the provider, but may not include the
entire history with the provider.
(2) If the report contains a recommendation, opinion, or
assertion by the department or supervising agency relating to
visitation with a child, the department or supervising agency
shall attach the document upon which the recommendation,
opinion, or assertion was based. The documentation may
include the most recent visitation report, a visitation report
referencing a specific incident alleged in the report, or summary of the visitation prepared by the person who supervised
13.34.400
[Title 13 RCW—page 70]
13.34.800
Additional notes found at www.leg.wa.gov
13.34.801 Rules—Definition of "drug-affected
infant." By July 1, 1999, the department of social and health
services, in consultation with the department of health, shall
adopt rules to implement chapter 314, Laws of 1998, including a definition of "drug-affected infant," which shall be limited to infants who are affected by a mother’s nonprescription
use of controlled substances. [1998 c 314 § 25.]
13.34.801
13.34.802 Rules—Definition of "alcohol-affected
infant." By July 1, 1999, the department of social and health
services, in consultation with the department of health, shall
adopt rules to implement chapter 314, Laws of 1998, including a definition of "alcohol-affected infant," which shall be
limited to infants who are affected by a mother’s abuse of
alcohol. [1998 c 314 § 29.]
13.34.802
(2010 Ed.)
Guardianship
13.34.820 Permanency for dependent children—
Annual report. (1) The administrative office of the courts,
in consultation with the attorney general’s office and the
department of social and health services, shall compile an
annual report, providing information about cases that fail to
meet statutory guidelines to achieve permanency for dependent children.
(2) The administrative office of the courts shall submit
the annual report required by this section to appropriate committees of the legislature by December 1st of each year,
beginning on December 1, 2007. [2007 c 410 § 6.]
13.34.820
Short title—2007 c 410: See note following RCW 13.34.138.
13.34.830 Child protection and child welfare—
Racial disproportionality—Evaluation—Report. (1)
Within amounts appropriated for this specific purpose, or
within funding made available by private grant or contribution, the Washington state institute for public policy shall
evaluate the department of social and health services’ use of
structured decision-making practices and implementation of
the family team decision-making model to determine whether
and how those child protection and child welfare efforts
result in reducing disproportionate representation of AfricanAmerican, Native American, and Latino children in the
state’s child welfare system. The institute shall analyze the
points in the system at which current data reflect the greatest
levels of disproportionality. The institute shall report its findings to the legislature and the department of social and health
services by September 1, 2010.
(2) If adequate funding is not made available through
state appropriation or through private grant or contribution to
simultaneously study the impact on racial disproportionality
of both the structured decision-making process and family
team decision-making model, the institute shall first study
and report on the family team decision-making model. The
department of social and health services and the Washington
state institute for public policy jointly, shall:
(a) Promptly complete and execute a data sharing agreement to comply with the department’s confidential or records
requirements and to provide the institute with data and other
information necessary to conduct its evaluation; and
(b) Identify potential sources of private funding to supplement any state-appropriated amounts. [2009 c 213 § 2.]
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 42.]
13.34.830
Findings—2009 c 213: "(1) The legislature finds that research conducted by the Washington state institute for public policy released in June
2008, demonstrates that racial disproportionality exists in Washington’s
child welfare system and that the greatest disproportionality occurs when the
initial referral to child protective services is made and when the decision is
made to place a child in out-of-home care. The institute’s research also demonstrates that children of African-American, Native American, and Latino
families have disproportionately longer lengths of stay in foster care.
(2) The legislature finds further that the department of social and health
services, in a December 2008 report issued pursuant to chapter 465, Laws of
2007, identified initial recommendations for remediation of racial disproportionality, including examining specific current child welfare practices, structured decision making and family team decision making, to determine
whether and how these practices might result in reducing or eliminating
racial disproportionality." [2009 c 213 § 1.]
13.34.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
13.34.900
(2010 Ed.)
13.36.020
Chapter 13.36
Chapter 13.36 RCW
GUARDIANSHIP
Sections
13.36.010
13.36.020
13.36.030
13.36.040
13.36.050
13.36.060
13.36.070
13.36.080
13.36.090
Finding—Intent.
Definitions.
Guardianship petition—Requirements—Contents—Application of Indian child welfare act, federal servicemembers civil
relief act, Washington service members’ civil relief act.
Hearing—Establishing guardianship—Exceptions—Conversion of dependency guardianship to guardianship.
Court order to establish guardianship—Contents—Custody,
rights, and duties—Funds, benefits—Dismissal of dependency—Letter.
Guardianship modification—Attorneys’ fees, court costs.
Guardianship termination—Petition, affidavit.
Appointment of guardian ad litem or attorney for the child.
Guardianship subsidies—Relative guardianship subsidy—
Rules—Licensed foster parent eligibility.
13.36.010 Finding—Intent. The legislature finds that a
guardianship is an appropriate permanent plan for a child
who has been found to be dependent under chapter 13.34
RCW and who cannot safely be reunified with his or her parents. The legislature is concerned that parents not be pressured by the department into agreeing to the entry of a guardianship when further services would increase the chances that
the child could be reunified with his or her parents. The legislature intends to create a separate guardianship chapter to
establish permanency for children in foster care through the
appointment of a guardian and dismissal of the dependency.
[2010 c 272 § 1.]
13.36.010
13.36.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Child" means any individual under the age of eighteen years.
(2) "Department" means the department of social and
health services.
(3) "Dependent child" means a child who has been found
by a court to be dependent in a proceeding under chapter
13.34 RCW.
(4) "Guardian" means a person who: (a) Has been
appointed by the court as the guardian of a child in a legal
proceeding under this chapter; and (b) has the legal right to
custody of the child pursuant to court order. The term
"guardian" does not include a "dependency guardian"
appointed pursuant to a proceeding under chapter 13.34
RCW for the purpose of assisting the court in supervising the
dependency.
13.36.020
[Title 13 RCW—page 71]
13.36.030
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(5) "Relative" means a person related to the child in the
following ways: (a) Any blood relative, including those of
half-blood, and including first cousins, second cousins, nephews or nieces, and persons of preceding generations as
denoted by prefixes of grand, great, or great-great; (b) stepfather, stepmother, stepbrother, and stepsister; (c) a person who
legally adopts a child or the child’s parent as well as the natural and other legally adopted children of such persons, and
other relatives of the adoptive parents in accordance with
state law; (d) spouses of any persons named in (a), (b), or (c)
of this subsection, even after the marriage is terminated; (e)
relatives, as named in (a), (b), (c), or (d) of this subsection, of
any half sibling of the child; or (f) extended family members,
as defined by the law or custom of the Indian child’s tribe or,
in the absence of such law or custom, a person who has
reached the age of eighteen and who is the Indian child’s
grandparent, aunt or uncle, brother or sister, brother-in-law or
sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twentyfour hour basis to an Indian child as defined in 25 U.S.C. Sec.
1903(4);
(6) "Suitable person" means a nonrelative with whom the
child or the child’s family has a preexisting relationship; who
has completed all required criminal history background
checks and otherwise appears to be suitable and competent to
provide care for the child; and with whom the child has been
placed pursuant to RCW 13.34.130.
(7) "Supervising agency" means an agency licensed by
the state under RCW 74.15.090, or licensed by a federally
recognized Indian tribe located in this state under RCW
74.15.190, that has entered into a performance-based contract
with the department to provide case management for the
delivery and documentation of child welfare services as
defined in RCW 74.13.020. [2010 c 272 § 2.]
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
13.36.030 Guardianship petition—Requirements—
Contents—Application of Indian child welfare act, federal servicemembers civil relief act, Washington service
members’ civil relief act. (1) Any party to a dependency
proceeding under chapter 13.34 RCW may request a guardianship be established for a dependent child by filing a petition in juvenile court under this chapter. All parties to the
dependency and the proposed guardian must receive adequate notice of all proceedings under this chapter. For purposes of this chapter, a dependent child age twelve years or
older is a party to the proceedings. A proposed guardian has
the right to intervene in proceedings under this chapter.
(2) To be designated as a proposed guardian in a petition
under this chapter, a person must be age twenty-one or over
and must meet the minimum requirements to care for children as established by the department under RCW 74.15.030,
including but not limited to licensed foster parents, relatives,
and suitable persons.
(3) Every petition filed in proceedings under this chapter
shall contain: (a) A statement alleging whether the child is or
may be an Indian child as defined in 25 U.S.C. Sec. 1903. If
the child is an Indian child as defined under the Indian child
welfare act, the provisions of that act shall apply; (b) a statement alleging whether the federal servicemembers civil relief
13.36.030
[Title 13 RCW—page 72]
act of 2003, 50 U.S.C. Sec. 501 et seq. applies to the proceeding; and (c) a statement alleging whether the Washington service members’ civil relief act, chapter 38.42 RCW, applies to
the proceeding.
(4) Every order or decree entered in any proceeding
under this chapter shall contain: (a) A finding that the Indian
child welfare act does or does not apply. Where there is a
finding that the Indian child welfare act does apply, the
decree or order must also contain a finding that all notice
requirements and evidentiary requirements under the Indian
child welfare act have been satisfied; (b) a finding that the
federal servicemembers civil relief act of 2003 does or does
not apply; and (c) a finding that the Washington service
members’ civil relief act, chapter 38.42 RCW, does or does
not apply. [2010 c 272 § 3.]
13.36.040 Hearing—Establishing guardianship—
Exceptions—Conversion of dependency guardianship to
guardianship. (1) At the hearing on a guardianship petition,
all parties have the right to present evidence and cross-examine witnesses. The rules of evidence apply to the conduct of
the hearing. The hearing under this section to establish a
guardianship or convert an existing dependency guardianship
to a guardianship under this section is a stage of the dependency proceedings for purposes of RCW 13.34.090(2).
(2) A guardianship shall be established if:
(a) The court finds by a preponderance of the evidence
that it is in the child’s best interests to establish a guardianship, rather than to terminate the parent-child relationship and
proceed with adoption, or to continue efforts to return custody of the child to the parent; and
(b) All parties agree to entry of the guardianship order
and the proposed guardian is qualified, appropriate, and capable of performing the duties of guardian under RCW
13.36.050; or
(c)(i) The child has been found to be a dependent child
under RCW 13.34.030;
(ii) A dispositional order has been entered pursuant to
RCW 13.34.130;
(iii) At the time of the hearing on the guardianship petition, the child has or will have been removed from the custody of the parent for at least six consecutive months following a finding of dependency under RCW 13.34.030;
(iv) The services ordered under RCW 13.34.130 and
13.34.136 have been offered or provided and all necessary
services, reasonably available, capable of correcting the
parental deficiencies within the foreseeable future have been
offered or provided;
(v) There is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near
future; and
(vi) The proposed guardian has signed a statement
acknowledging the guardian’s rights and responsibilities
toward the child and affirming the guardian’s understanding
and acceptance that the guardianship is a commitment to provide care for the child until the child reaches age eighteen.
(3) The court may not establish a guardianship for a child
who has no legal parent unless the court, in addition to making the required findings set forth in subsection (2) of this
section, finds one or more exceptional circumstances exist
and the benefits for the child of establishing the guardianship
13.36.040
(2010 Ed.)
Guardianship
outweigh any potential disadvantage to the child of having no
legal parent. Exceptional circumstances may include but are
not limited to:
(a) The child has special needs and a suitable guardian is
willing to accept custody and able to meet the needs of the
child to an extent unlikely to be achieved through adoption;
or
(b) The proposed guardian has demonstrated a commitment to provide for the long-term care of the child and: (i) Is
a relative of the child; (ii) has been a long-term caregiver for
the child and has acted as a parent figure to the child and is
viewed by the child as a parent figure; or (iii) the child’s family has identified the proposed guardian as the preferred
guardian, and, if the child is age twelve years or older, the
child also has identified the proposed guardian as the preferred guardian.
(4) Upon the request of a dependency guardian
appointed under chapter 13.34 RCW and the department or
supervising agency, the court shall convert a dependency
guardianship established under chapter 13.34 RCW to a
guardianship under this chapter. [2010 c 272 § 4.]
13.36.050 Court order to establish guardianship—
Contents—Custody, rights, and duties—Funds, benefits—Dismissal of dependency—Letter. (1) If the court has
made the findings required under RCW 13.36.040, the court
shall issue an order establishing a guardianship for the child.
If the guardian has not previously intervened, the guardian
shall be made a party to the guardianship proceeding upon
entry of the guardianship order. The order shall:
(a) Appoint a person to be the guardian for the child;
(b) Specify the guardian’s rights and responsibilities
concerning the care, custody, control, and nurturing of the
child;
(c) Specify the guardian’s authority, if any, to receive,
invest, and expend funds, benefits, or property belonging to
the child;
(d) Specify an appropriate frequency and type of contact
between the parent or parents and the child, if applicable, and
between the child and his or her siblings, if applicable; and
(e) Specify the need for and scope of continued oversight
by the court, if any.
(2) The guardian shall maintain physical and legal custody of the child and have the following rights and duties
under the guardianship:
(a) Duty to protect, nurture, discipline, and educate the
child;
(b) Duty to provide food, clothing, shelter, education as
required by law, and health care for the child, including but
not limited to, medical, dental, mental health, psychological,
and psychiatric care and treatment;
(c) Right to consent to health care for the child and sign
a release authorizing the sharing of health care information
with appropriate authorities, in accordance with state law;
(d) Right to consent to the child’s participation in social
and school activities; and
(e) Duty to notify the court of a change of address of the
guardian and the child. Unless specifically ordered by the
court, however, the standards and requirements for relocation
in chapter 26.09 RCW do not apply to guardianships established under this chapter.
13.36.050
(2010 Ed.)
13.36.070
(3) If the child has independent funds or other valuable
property under the control of the guardian, the guardian shall
provide an annual written accounting, supported with appropriate documentation, to the court regarding receipt and
expenditure by the guardian of any such funds or benefits.
This subsection shall not be construed to require a guardian to
account for any routine funds or benefits received from a
public social service agency on behalf of the child.
(4) The guardianship shall remain in effect until the child
reaches the age of eighteen years or until the court terminates
the guardianship, whichever occurs sooner.
(5) Once the dependency has been dismissed pursuant to
RCW 13.36.070, the court shall not order the department or
other supervising agency to supervise or provide case management services to the guardian or the child as part of the
guardianship order.
(6) The court shall issue a letter of guardianship to the
guardian upon the entry of the court order establishing the
guardianship under this chapter. [2010 c 272 § 5.]
13.36.060 Guardianship modification—Attorneys’
fees, court costs. (1) A guardian or a parent of the child may
petition the court to modify the visitation provisions of a
guardianship order by:
(a) Filing with the court a motion for modification and an
affidavit setting forth facts supporting the requested modification; and
(b) Providing notice and a copy of the motion and affidavit to all other parties. The nonmoving parties may file and
serve opposing affidavits.
(2) The court shall deny the motion unless it finds that
adequate cause for hearing the motion is established by the
affidavits, in which case it shall set a date for hearing on an
order to show cause why the requested modification should
not be granted.
(3) If the court finds that a motion to modify a guardianship order has been brought in bad faith, the court may assess
attorneys’ fees and court costs of the nonmoving party
against the moving party. [2010 c 272 § 6.]
13.36.060
13.36.070 Guardianship termination—Petition, affidavit. (1) Any party to a guardianship proceeding may
request termination of the guardianship by filing a petition
and supporting affidavit alleging a substantial change has
occurred in the circumstances of the child or the guardian and
that the termination is necessary to serve the best interests of
the child. The petition and affidavit must be served on the
department or supervising agency and all parties to the guardianship.
(2) Except as provided in subsection (3) of this section,
the court shall not terminate a guardianship unless it finds,
upon the basis of facts that have arisen since the guardianship
was established or that were unknown to the court at the time
the guardianship was established, that a substantial change
has occurred in the circumstances of the child or the guardian
and that termination of the guardianship is necessary to serve
the best interests of the child. The effect of a guardian’s
duties while serving in the military potentially impacting
guardianship functions shall not, by itself, be a substantial
13.36.070
[Title 13 RCW—page 73]
13.36.080
Title 13 RCW: Juvenile Courts and Juvenile Offenders
change of circumstances justifying termination of a guardianship.
(3) The court may terminate a guardianship on the agreement of the guardian, the child, if the child is age twelve years
or older, and a parent seeking to regain custody of the child if
the court finds by a preponderance of the evidence and on the
basis of facts that have arisen since the guardianship was
established that:
(a) The parent has successfully corrected the parenting
deficiencies identified by the court in the dependency action,
and the circumstances of the parent have changed to such a
degree that returning the child to the custody of the parent no
longer creates a risk of harm to the child’s health, welfare,
and safety;
(b) The child, if age twelve years or older, agrees to termination of the guardianship and the return of custody to the
parent; and
(c) Termination of the guardianship and return of custody of the child to the parent is in the child’s best interests.
(4) Upon the entry of an order terminating a guardianship, the court shall enter an order:
(a) Granting the child’s parent with legal and physical
custody of the child;
(b) Granting a substitute guardian with legal and physical custody of the child; or
(c) Directing the child to be temporarily placed in the
custody of the department for placement with a relative or
other suitable person as defined in RCW 13.34.130(1)(b), if
available, or in an appropriate licensed out-of-home placement, and directing that the department file a dependency
petition on behalf of the child. [2010 c 272 § 7.]
13.36.080 Appointment of guardian ad litem or
attorney for the child. In all proceedings to establish, modify, or terminate a guardianship order, the court shall appoint
a guardian ad litem or attorney for the child. The court may
appoint a guardian ad litem or attorney who represented the
child in a prior proceeding under this chapter or under chapter
13.34 RCW, or may appoint an attorney to supersede an
existing guardian ad litem. [2010 c 272 § 8.]
13.36.080
13.36.090 Guardianship subsidies—Relative guardianship subsidy—Rules—Licensed foster parent eligibility. (1) A relative guardian who is a licensed foster parent at
the time a guardianship is established under this chapter and
who has been the child’s foster parent for a minimum of six
consecutive months preceding entry of the guardianship
order is eligible for a relative guardianship subsidy on behalf
of the child. The department may establish rules setting eligibility, application, and program standards consistent with
applicable federal guidelines for expenditure of federal
funds.
(2) Within amounts appropriated for this specific purpose, a guardian who is a licensed foster parent at the time a
guardianship is established under this chapter and who has
been the child’s foster parent for a minimum of six consecutive months preceding entry of the guardianship order is eligible for a guardianship subsidy on behalf of the child. [2010
c 272 § 9.]
Chapter 13.40
Sections
13.40.005
13.40.010
13.40.020
13.40.030
13.40.0351
13.40.0357
13.40.038
13.40.040
13.40.045
13.40.050
13.40.054
13.40.056
13.40.060
13.40.070
13.40.077
13.40.080
13.40.085
13.40.087
13.40.090
13.40.100
13.40.110
13.40.120
13.40.127
13.40.130
13.40.135
13.40.140
13.40.145
13.36.090
[Title 13 RCW—page 74]
Chapter 13.40 RCW
JUVENILE JUSTICE ACT OF 1977
13.40.150
13.40.160
13.40.165
13.40.167
13.40.180
13.40.185
13.40.190
13.40.192
13.40.193
13.40.196
13.40.198
13.40.200
13.40.205
Juvenile disposition standards commission—Abolished—References to commission—Transfer of powers, duties, and
functions.
Short title—Intent—Purpose.
Definitions.
Security guidelines—Legislative review—Limitations on permissible ranges of confinement.
Equal application of guidelines and standards.
Juvenile offender sentencing standards.
County juvenile detention facilities—Policy—Detention and
risk assessment standards.
Taking juvenile into custody, grounds—Detention of,
grounds—Detention pending disposition—Release on bond,
conditions—Bail jumping.
Escapees—Arrest warrants.
Detention procedures—Notice of hearing—Conditions of
release—Consultation with parent, guardian, or custodian.
Probation bond or collateral—Modification or revocation of
probation bond.
Nonrefundable bail fee.
Jurisdiction of actions—Transfer of case and records, when—
Change in venue, grounds.
Complaints—Screening—Filing information—Diversion—
Modification of community supervision—Notice to parent
or guardian—Probation counselor acting for prosecutor—
Referral to mediation or reconciliation programs.
Recommended prosecuting standards for charging and plea
dispositions.
Diversion agreement—Scope—Limitations—Restitution
orders—Divertee’s rights—Diversion unit’s powers and
duties—Interpreters—Modification—Fines.
Diversion services costs—Fees—Payment by parent or legal
guardian.
Youth who have been diverted—Alleged prostitution or prostitution loitering offenses—Services and treatment.
Prosecuting attorney as party to juvenile court proceedings—
Exception, procedure.
Summons or other notification issued upon filing of information—Procedure—Order to take juvenile into custody—
Contempt of court, when.
Hearing on question of declining jurisdiction—Held, when—
Findings.
Hearings—Time and place.
Deferred disposition.
Procedure upon plea of guilty or not guilty to information allegations—Notice—Adjudicatory and disposition hearing—
Disposition standards used in sentencing.
Sexual motivation special allegation—Procedures.
Juveniles entitled to usual judicial rights—Notice of—Open
court—Privilege against self-incrimination—Waiver of
rights, when.
Payment of fees for legal services by publicly funded counsel—Hearing—Order or decree—Entering and enforcing
judgments.
Disposition hearing—Scope—Factors to be considered prior
to entry of dispositional order.
Disposition order—Court’s action prescribed—Disposition
outside standard range—Right of appeal—Special sex
offender disposition alternative.
Chemical dependency disposition alternative.
Mental health disposition alternative.
Disposition order—Consecutive terms when two or more
offenses—Limitations.
Disposition order—Confinement under departmental supervision or in juvenile facility, when.
Disposition order—Restitution for loss or damage—Modification of restitution order.
Legal financial obligations—Enforceability—Treatment of
obligations upon age of eighteen or conclusion of juvenile
court jurisdiction—Extension of judgment.
Firearms—Length of confinement.
Firearms—Special allegation.
Penalty assessments—Jurisdiction of court.
Violation of order of restitution, community supervision,
fines, penalty assessments, or confinement—Modification of
order after hearing—Scope—Rights—Use of fines.
Release from physical custody, when—Authorized leaves—
Leave plan and order—Notice.
(2010 Ed.)
Juvenile Justice Act of 1977
13.40.210
13.40.212
13.40.213
13.40.215
13.40.217
13.40.219
13.40.220
13.40.230
13.40.240
13.40.250
13.40.265
13.40.280
13.40.285
13.40.300
13.40.305
13.40.308
13.40.310
13.40.320
13.40.400
13.40.430
13.40.440
13.40.450
13.40.460
13.40.462
13.40.464
13.40.466
13.40.468
13.40.470
13.40.480
13.40.500
13.40.510
13.40.520
13.40.530
13.40.540
13.40.550
13.40.560
13.40.570
13.40.580
13.40.590
13.40.600
13.40.610
13.40.620
13.40.630
13.40.640
13.40.650
(2010 Ed.)
Setting of release date—Administrative release authorized,
when—Parole program, revocation or modification of,
scope—Intensive supervision program—Parole officer’s
right of arrest.
Intensive supervision program—Elements—Report.
Juveniles alleged to have committed offenses of prostitution or
prostitution loitering—Diversion.
Juveniles found to have committed violent or sex offense or
stalking—Notification of discharge, parole, leave, release,
transfer, or escape—To whom given—School attendance—
Definitions.
Juveniles adjudicated of sex offenses—Release of information
authorized.
Arrest for prostitution or prostitution loitering—Alleged
offender—Victim of severe form of trafficking, commercial
sex abuse of a minor.
Costs of support, treatment, and confinement—Order—Contempt of court.
Appeal from order of disposition—Jurisdiction—Procedure—
Scope—Release pending appeal.
Construction of RCW references to juvenile delinquents or
juvenile delinquency.
Traffic and civil infraction cases.
Firearm, alcohol, and drug violations.
Transfer of juvenile to department of corrections facility—
Grounds—Hearing—Term—Retransfer to a facility for
juveniles.
Juvenile offender sentenced to terms in juvenile and adult
facilities—Transfer to department of corrections—Term of
confinement.
Commitment of juvenile beyond age twenty-one prohibited—
Jurisdiction of juvenile court after juvenile’s eighteenth
birthday.
Juvenile offender adjudicated of theft of motor vehicle, possession of stolen vehicle, taking motor vehicle without permission in the first degree, taking motor vehicle without permission in the second degree—Local sanctions—Evaluation.
Juvenile offender adjudicated of taking motor vehicle without
permission in the first degree, theft of motor vehicle, possession of a stolen vehicle, taking motor vehicle without permission in the second degree—Minimum sentences.
Transitional treatment program for gang and drug-involved
juvenile offenders.
Juvenile offender basic training camp program.
Applicability of RCW 10.01.040 to chapter.
Disparity in disposition of juvenile offenders—Data collection.
Chapter 9.92 RCW not to affect dispositions under juvenile
justice act.
Chapters 13.04 and 13.40 RCW as exclusive authority for
adjudication and disposition of juvenile offenders.
Juvenile rehabilitation programs—Administration.
Reinvesting in youth program.
Reinvesting in youth program—Guidelines.
Reinvesting in youth account.
Juvenile rehabilitation administration—State quality assurance program.
Vulnerable youth committed to residential facilities—Protection from sexually aggressive youth—Assessment process.
Student records and information—Reasons for release—Who
may request.
Community juvenile accountability programs—Findings—
Purpose.
Community juvenile accountability programs—Establishment—Proposals—Guidelines.
Community juvenile accountability programs—Grants.
Community juvenile accountability programs—Effectiveness
standards.
Community juvenile accountability programs—Information
collection—Report.
Community juvenile accountability programs—Short title.
Juvenile accountability incentive account.
Sexual misconduct by state employees, contractors.
Youth courts—Diversion.
Youth court programs.
Youth court jurisdiction.
Youth court notification of satisfaction of conditions.
Appearance before youth court with parent, guardian, or legal
custodian.
Youth court dispositions.
Youth court nonrefundable fee.
Use of restraints on pregnant youth in custody—Allowed in
extraordinary circumstances.
13.40.651
13.40.900
13.40.005
Use of restraints on pregnant youth in custody—Provision of
information to staff and pregnant youth in custody.
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
Health and dental examination and care for juveniles in detention facility—
Consent: RCW 13.04.047.
Juvenile may be both dependent and an offender: RCW 13.04.300.
Treatment of juvenile offenders: RCW 74.14A.030, 74.14A.040.
13.40.005 Juvenile disposition standards commission—Abolished—References to commission—Transfer
of powers, duties, and functions. (1) The juvenile disposition standards commission is hereby abolished and its powers, duties, and functions are hereby transferred to the sentencing guidelines commission. All references to the director
or the juvenile disposition standards commission in the
Revised Code of Washington shall be construed to mean the
director or the sentencing guidelines commission.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the juvenile disposition standards commission shall be delivered to
the custody of the sentencing guidelines commission. All
cabinets, furniture, office equipment, motor vehicles, and
other tangible property employed by the juvenile disposition
standards commission shall be made available to the sentencing guidelines commission. All funds, credits, or other assets
held by the juvenile disposition standards commission shall
be assigned to the sentencing guidelines commission.
(b) Any appropriations made to the juvenile disposition
standards commission shall, on June 30, 1997, be transferred
and credited to the sentencing guidelines commission.
(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise
of the powers and the performance of the duties and functions
transferred, the director of financial management shall make
a determination as to the proper allocation and certify the
same to the state agencies concerned.
(3) All employees of the juvenile disposition standards
commission are transferred to the jurisdiction of the sentencing guidelines commission. All employees classified under
chapter 41.06 RCW, the state civil service law, are assigned
to the sentencing guidelines commission to perform their
usual duties upon the same terms as formerly, without any
loss of rights, subject to any action that may be appropriate
thereafter in accordance with the laws and rules governing
state civil service.
(4) All rules and all pending business before the juvenile
disposition standards commission shall be continued and
acted upon by the sentencing guidelines commission. All
existing contracts and obligations shall remain in full force
and shall be performed by the sentencing guidelines commission.
(5) The transfer of the powers, duties, functions, and personnel of the juvenile disposition standards commission shall
not affect the validity of any act performed before June 30,
1997.
(6) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer.
Each of these shall make the appropriate transfer and adjust13.40.005
[Title 13 RCW—page 75]
13.40.010
Title 13 RCW: Juvenile Courts and Juvenile Offenders
ments in funds and appropriation accounts and equipment
records in accordance with the certification.
(7) Nothing contained in this section may be construed to
alter any existing collective bargaining unit or the provisions
of any existing collective bargaining agreement until the
agreement has expired or until the bargaining unit has been
modified by action of the personnel board as provided by
law. [1995 c 269 § 301.]
Reviser’s note: 1995 c 269 directed that this section be added to chapter 9.94A RCW. This section has been codified in chapter 13.40 RCW,
which relates more directly to the juvenile disposition standards commission.
Additional notes found at www.leg.wa.gov
13.40.010 Short title—Intent—Purpose. (1) This
chapter shall be known and cited as the Juvenile Justice Act
of 1977.
(2) It is the intent of the legislature that a system capable
of having primary responsibility for, being accountable for,
and responding to the needs of youthful offenders and their
victims, as defined by this chapter, be established. It is the
further intent of the legislature that youth, in turn, be held
accountable for their offenses and that communities, families,
and the juvenile courts carry out their functions consistent
with this intent. To effectuate these policies, the legislature
declares the following to be equally important purposes of
this chapter:
(a) Protect the citizenry from criminal behavior;
(b) Provide for determining whether accused juveniles
have committed offenses as defined by this chapter;
(c) Make the juvenile offender accountable for his or her
criminal behavior;
(d) Provide for punishment commensurate with the age,
crime, and criminal history of the juvenile offender;
(e) Provide due process for juveniles alleged to have
committed an offense;
(f) Provide necessary treatment, supervision, and custody for juvenile offenders;
(g) Provide for the handling of juvenile offenders by
communities whenever consistent with public safety;
(h) Provide for restitution to victims of crime;
(i) Develop effective standards and goals for the operation, funding, and evaluation of all components of the juvenile justice system and related services at the state and local
levels;
(j) Provide for a clear policy to determine what types of
offenders shall receive punishment, treatment, or both, and to
determine the jurisdictional limitations of the courts, institutions, and community services;
(k) Provide opportunities for victim participation in
juvenile justice process, including court hearings on juvenile
offender matters, and ensure that Article I, section 35 of the
Washington state Constitution, the victim bill of rights, is
fully observed; and
(l) Encourage the parents, guardian, or custodian of the
juvenile to actively participate in the juvenile justice process.
[2004 c 120 § 1; 1997 c 338 § 8; 1992 c 205 § 101; 1977 ex.s.
c 291 § 55.]
13.40.010
Effective date—2004 c 120: "This act takes effect July 1, 2004." [2004
c 120 § 11.]
[Title 13 RCW—page 76]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.020 Definitions. For the purposes of this chapter:
(1) "Community-based rehabilitation" means one or
more of the following: Employment; attendance of information classes; literacy classes; counseling, outpatient substance
abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient
treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs
appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs
is subject to available funds;
(2) "Community-based sanctions" may include one or
more of the following:
(a) A fine, not to exceed five hundred dollars;
(b) Community restitution not to exceed one hundred
fifty hours of community restitution;
(3) "Community restitution" means compulsory service,
without compensation, performed for the benefit of the community by the offender as punishment for committing an
offense. Community restitution may be performed through
public or private organizations or through work crews;
(4) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the
department or an order granting a deferred disposition. A
community supervision order for a single offense may be for
a period of up to two years for a sex offense as defined by
RCW 9.94A.030 and up to one year for other offenses. As a
mandatory condition of any term of community supervision,
the court shall order the juvenile to refrain from committing
new offenses. As a mandatory condition of community
supervision, the court shall order the juvenile to comply with
the mandatory school attendance provisions of chapter
28A.225 RCW and to inform the school of the existence of
this requirement. Community supervision is an individualized program comprised of one or more of the following:
(a) Community-based sanctions;
(b) Community-based rehabilitation;
(c) Monitoring and reporting requirements;
(d) Posting of a probation bond;
(5) "Confinement" means physical custody by the
department of social and health services in a facility operated
by or pursuant to a contract with the state, or physical custody
in a detention facility operated by or pursuant to a contract
with any county. The county may operate or contract with
vendors to operate county detention facilities. The department may operate or contract to operate detention facilities
for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as
part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;
(6) "Court," when used without further qualification,
means the juvenile court judge(s) or commissioner(s);
(7) "Criminal history" includes all criminal complaints
against the respondent for which, prior to the commission of
a current offense:
(a) The allegations were found correct by a court. If a
respondent is convicted of two or more charges arising out of
13.40.020
(2010 Ed.)
Juvenile Justice Act of 1977
the same course of conduct, only the highest charge from
among these shall count as an offense for the purposes of this
chapter; or
(b) The criminal complaint was diverted by a prosecutor
pursuant to the provisions of this chapter on agreement of the
respondent and after an advisement to the respondent that the
criminal complaint would be considered as part of the
respondent’s criminal history. A successfully completed
deferred adjudication that was entered before July 1, 1998, or
a deferred disposition shall not be considered part of the
respondent’s criminal history;
(8) "Department" means the department of social and
health services;
(9) "Detention facility" means a county facility, paid for
by the county, for the physical confinement of a juvenile
alleged to have committed an offense or an adjudicated
offender subject to a disposition or modification order.
"Detention facility" includes county group homes, inpatient
substance abuse programs, juvenile basic training camps, and
electronic monitoring;
(10) "Diversion unit" means any probation counselor
who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability
board, youth court under the supervision of the juvenile
court, or other entity except a law enforcement official or
entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to
RCW 13.40.080, or any person, community accountability
board, or other entity specially funded by the legislature to
arrange and supervise diversion agreements in accordance
with the requirements of this chapter. For purposes of this
subsection, "community accountability board" means a board
comprised of members of the local community in which the
juvenile offender resides. The superior court shall appoint
the members. The boards shall consist of at least three and
not more than seven members. If possible, the board should
include a variety of representatives from the community,
such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and
should represent the cultural diversity of the local community;
(11) "Foster care" means temporary physical care in a
foster family home or group care facility as defined in RCW
74.15.020 and licensed by the department, or other legally
authorized care;
(12) "Institution" means a juvenile facility established
pursuant to chapters 72.05 and 72.16 through 72.20 RCW;
(13) "Intensive supervision program" means a parole
program that requires intensive supervision and monitoring,
offers an array of individualized treatment and transitional
services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will
commit further offenses;
(14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and
who has not been previously transferred to adult court pursuant to RCW 13.40.110, unless the individual was convicted
of a lesser charge or acquitted of the charge for which he or
she was previously transferred pursuant to RCW 13.40.110
or who is not otherwise under adult court jurisdiction;
(2010 Ed.)
13.40.020
(15) "Juvenile offender" means any juvenile who has
been found by the juvenile court to have committed an
offense, including a person eighteen years of age or older
over whom jurisdiction has been extended under RCW
13.40.300;
(16) "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity,
and duration to bring about effacement and progressive dilation of the cervix;
(17) "Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; (c) 0-150 hours of community restitution; or (d) $0-$500 fine;
(18) "Manifest injustice" means a disposition that would
either impose an excessive penalty on the juvenile or would
impose a serious, and clear danger to society in light of the
purposes of this chapter;
(19) "Monitoring and reporting requirements" means
one or more of the following: Curfews; requirements to
remain at home, school, work, or court-ordered treatment
programs during specified hours; restrictions from leaving or
entering specified geographical areas; requirements to report
to the probation officer as directed and to remain under the
probation officer’s supervision; and other conditions or limitations as the court may require which may not include confinement;
(20) "Offense" means an act designated a violation or a
crime if committed by an adult under the law of this state,
under any ordinance of any city or county of this state, under
any federal law, or under the law of another state if the act
occurred in that state;
(21) "Physical restraint" means the use of any bodily
force or physical intervention to control a juvenile offender
or limit a juvenile offender’s freedom of movement in a way
that does not involve a mechanical restraint. Physical
restraint does not include momentary periods of minimal
physical restriction by direct person-to-person contact, without the aid of mechanical restraint, accomplished with limited
force and designed to:
(a) Prevent a juvenile offender from completing an act
that would result in potential bodily harm to self or others or
damage property;
(b) Remove a disruptive juvenile offender who is unwilling to leave the area voluntarily; or
(c) Guide a juvenile offender from one location to
another;
(22) "Postpartum recovery" means (a) the entire period a
woman or youth is in the hospital, birthing center, or clinic
after giving birth and (b) an additional time period, if any, a
treating physician determines is necessary for healing after
the youth leaves the hospital, birthing center, or clinic;
(23) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court,
to secure the offender’s appearance at required court proceedings and compliance with court-ordered community
supervision or conditions of release ordered pursuant to
RCW 13.40.040 or 13.40.050. It also means a deposit of cash
or posting of other collateral in lieu of a bond if approved by
the court;
(24) "Respondent" means a juvenile who is alleged or
proven to have committed an offense;
[Title 13 RCW—page 77]
13.40.030
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(25) "Restitution" means financial reimbursement by the
offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual
expenses incurred for medical treatment for physical injury to
persons, lost wages resulting from physical injury, and costs
of the victim’s counseling reasonably related to the offense.
Restitution shall not include reimbursement for damages for
mental anguish, pain and suffering, or other intangible losses.
Nothing in this chapter shall limit or replace civil remedies or
defenses available to the victim or offender;
(26) "Restraints" means anything used to control the
movement of a person’s body or limbs and includes:
(a) Physical restraint; or
(b) Mechanical device including but not limited to:
Metal handcuffs, plastic ties, ankle restraints, leather cuffs,
other hospital-type restraints, tasers, or batons;
(27) "Secretary" means the secretary of the department
of social and health services. "Assistant secretary" means the
assistant secretary for juvenile rehabilitation for the department;
(28) "Services" means services which provide alternatives to incarceration for those juveniles who have pleaded or
been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;
(29) "Sex offense" means an offense defined as a sex
offense in RCW 9.94A.030;
(30) "Sexual motivation" means that one of the purposes
for which the respondent committed the offense was for the
purpose of his or her sexual gratification;
(31) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write
corporate, property, or probation bonds within the state, and
justified and approved by the superior court of the county
having jurisdiction of the case;
(32) "Transportation" means the conveying, by any
means, of an incarcerated pregnant youth from the institution
or detention facility to another location from the moment she
leaves the institution or detention facility to the time of
arrival at the other location, and includes the escorting of the
pregnant incarcerated youth from the institution or detention
facility to a transport vehicle and from the vehicle to the other
location;
(33) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable
doubt, and is punishable by sanctions which do not include
incarceration;
(34) "Violent offense" means a violent offense as
defined in RCW 9.94A.030;
(35) "Youth court" means a diversion unit under the
supervision of the juvenile court. [2010 c 181 § 10; 2009 c
454 § 2; 2004 c 120 § 2. Prior: 2002 c 237 § 7; 2002 c 175 §
19; 1997 c 338 § 10; (1997 c 338 § 9 expired July 1, 1998);
prior: 1995 c 395 § 2; 1995 c 134 § 1; prior: 1994 sp.s. c 7 §
520; 1994 c 271 § 803; 1994 c 261 § 18; 1993 c 373 § 1; 1990
1st ex.s. c 12 § 1; 1990 c 3 § 301; 1989 c 407 § 1; 1988 c 145
§ 17; 1983 c 191 § 7; 1981 c 299 § 2; 1979 c 155 § 54; 1977
ex.s. c 291 § 56.]
Effective date—2004 c 120: See note following RCW 13.40.010.
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
[Title 13 RCW—page 78]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Purpose—Severability—1994 c 271: See notes following RCW
9A.28.020.
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Additional notes found at www.leg.wa.gov
13.40.030 Security guidelines—Legislative review—
Limitations on permissible ranges of confinement. (1)
The secretary shall submit guidelines pertaining to the nature
of the security to be imposed on youth placed in his or her
custody based on the age, offense(s), and criminal history of
the juvenile offender. Such guidelines shall be submitted to
the legislature for its review no later than November 1st of
each year. The department shall include security status definitions in the security guidelines it submits to the legislature
pursuant to this section.
(2) The permissible ranges of confinement resulting
from a finding of manifest injustice under RCW 13.40.0357
are subject to the following limitations:
(a) Where the maximum term in the range is ninety days
or less, the minimum term in the range may be no less than
fifty percent of the maximum term in the range;
(b) Where the maximum term in the range is greater than
ninety days but not greater than one year, the minimum term
in the range may be no less than seventy-five percent of the
maximum term in the range; and
(c) Where the maximum term in the range is more than
one year, the minimum term in the range may be no less than
eighty percent of the maximum term in the range. [2003 c
207 § 5; 1996 c 232 § 5; 1989 c 407 § 3; 1985 c 73 § 1; 1983
c 191 § 6; 1981 c 299 § 5; 1979 c 155 § 55; 1977 ex.s. c 291
§ 57.]
13.40.030
Additional notes found at www.leg.wa.gov
13.40.0351 Equal application of guidelines and standards. The sentencing guidelines and prosecuting standards
apply equally to juvenile offenders in all parts of the state,
without discrimination as to any element that does not relate
to the crime or the previous record of the offender. [1989 c
407 § 5.]
13.40.0351
13.40.0357 Juvenile offender sentencing standards.
13.40.0357
DESCRIPTION AND OFFENSE CATEGORY
JUVENILE
DISPOSITION
OFFENSE
CATEGORY DESCRIPTION (RCW CITATION)
JUVENILE DISPOSITION
CATEGORY FOR
ATTEMPT, BAILJUMP,
CONSPIRACY, OR
SOLICITATION
................................................
Arson and Malicious Mischief
A
Arson 1 (9A.48.020)
B+
B
Arson 2 (9A.48.030)
C
C
Reckless Burning 1 (9A.48.040)
D
D
Reckless Burning 2 (9A.48.050)
E
B
Malicious Mischief 1 (9A.48.070)
C
C
Malicious Mischief 2 (9A.48.080)
D
D
Malicious Mischief 3 (*9A.48.090(2) (a)
and (c))
E
E
Malicious Mischief 3 (*9A.48.090(2)(b)) E
(2010 Ed.)
Juvenile Justice Act of 1977
E
A
Tampering with Fire Alarm Apparatus
(9.40.100)
E
Tampering with Fire Alarm Apparatus with
Intent to Commit Arson (9.40.105)
E
Possession of Incendiary Device (9.40.120) B+
A
B+
C+
D+
B+
D+
C+
D+
C+
Assault and Other Crimes Involving
Physical Harm
Assault 1 (9A.36.011)
Assault 2 (9A.36.021)
Assault 3 (9A.36.031)
Assault 4 (9A.36.041)
Drive-By Shooting (9A.36.045)
Reckless Endangerment (9A.36.050)
Promoting Suicide Attempt (9A.36.060)
Coercion (9A.36.070)
Custodial Assault (9A.36.100)
B+
B
B
D
D
E
C
C
D
Burglary and Trespass
Burglary 1 (9A.52.020)
C+
Residential Burglary (9A.52.025)
C
Burglary 2 (9A.52.030)
C
Burglary Tools (Possession of) (9A.52.060) E
Criminal Trespass 1 (9A.52.070)
E
Criminal Trespass 2 (9A.52.080)
E
Mineral Trespass (78.44.330)
C
Vehicle Prowling 1 (9A.52.095)
D
Vehicle Prowling 2 (9A.52.100)
E
E
E
C
C+
E
B+
C
E
C
C+
E
B
C
C
(2010 Ed.)
B+
C+
D+
E
C+
E
D+
E
D+
Drugs
Possession/Consumption of Alcohol
(66.44.270)
E
Illegally Obtaining Legend Drug
(69.41.020)
D
Sale, Delivery, Possession of Legend Drug
with Intent to Sell (69.41.030(2)(a))
D+
Possession of Legend Drug
(69.41.030(2)(b))
E
Violation of Uniform Controlled Substances
Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b))
B+
Violation of Uniform Controlled Substances
Act - Nonnarcotic Sale (69.50.401(2)(c)) C
Possession of Marihuana <40 grams
(69.50.4014)
E
Fraudulently Obtaining Controlled Substance (69.50.403)
C
Sale of Controlled Substance for Profit
(69.50.410)
C+
Unlawful Inhalation (9.47A.020)
E
Violation of Uniform Controlled Substances
Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances
(69.50.4011(2) (a) or (b))
B
Violation of Uniform Controlled Substances
Act - Nonnarcotic Counterfeit Substances
(69.50.4011(2) (c), (d), or (e))
C
Violation of Uniform Controlled Substances
Act - Possession of a Controlled Substance
(69.50.4013)
C
C
13.40.0357
Violation of Uniform Controlled Substances
Act - Possession of a Controlled Substance
(69.50.4012)
C
Firearms and Weapons
Theft of Firearm (9A.56.300)
Possession of Stolen Firearm (9A.56.310)
Carrying Loaded Pistol Without Permit
(9.41.050)
Possession of Firearms by Minor (<18)
(9.41.040(2)(a)(iii))
Possession of Dangerous Weapon
(9.41.250)
Intimidating Another Person by use of
Weapon (9.41.270)
E
A+
A+
B+
C+
B+
Homicide
Murder 1 (9A.32.030)
Murder 2 (9A.32.050)
Manslaughter 1 (9A.32.060)
Manslaughter 2 (9A.32.070)
Vehicular Homicide (46.61.520)
A
B+
C+
D+
C+
A
B+
C+
Kidnapping
Kidnap 1 (9A.40.020)
Kidnap 2 (9A.40.030)
Unlawful Imprisonment (9A.40.040)
B+
C+
D+
E
B
C
E
B+
B+
Obstructing Governmental Operation
Obstructing a Law Enforcement Officer
(9A.76.020)
Resisting Arrest (9A.76.040)
Introducing Contraband 1 (9A.76.140)
Introducing Contraband 2 (9A.76.150)
Introducing Contraband 3 (9A.76.160)
Intimidating a Public Servant (9A.76.180)
Intimidating a Witness (9A.72.110)
E
E
C
D
E
C+
C+
C+
D+
E
E
Public Disturbance
Riot with Weapon (9A.84.010(2)(b))
Riot Without Weapon (9A.84.010(2)(a))
Failure to Disperse (9A.84.020)
Disorderly Conduct (9A.84.030)
D+
E
E
E
B
B
E
C
D+
D
D
A
AC+
AB+
B
C
D+
E
B+
C+
E
B+
AB
C
Sex Crimes
Rape 1 (9A.44.040)
Rape 2 (9A.44.050)
Rape 3 (9A.44.060)
Rape of a Child 1 (9A.44.073)
Rape of a Child 2 (9A.44.076)
Incest 1 (9A.64.020(1))
Incest 2 (9A.64.020(2))
Indecent Exposure (Victim <14)
(9A.88.010)
Indecent Exposure (Victim 14 or over)
(9A.88.010)
Promoting Prostitution 1 (9A.88.070)
Promoting Prostitution 2 (9A.88.080)
O & A (Prostitution) (9A.88.030)
Indecent Liberties (9A.44.100)
Child Molestation 1 (9A.44.083)
Child Molestation 2 (9A.44.086)
Failure to Register as a Sex Offender
(*9A.44.130)
C
C
E
C
E
B+
B+
D+
B+
C+
C
D
E
E
C+
D+
E
C+
B+
C+
D
[Title 13 RCW—page 79]
13.40.0357
B
C
D
B
C
A
B+
B+
C+
C
D
D
B
B
C
D
B
C
B
E
B+
C
D
E
C
C
E
D
B+
B+
B
B
C
C
D
E
A
B
C
D
E
Title 13 RCW: Juvenile Courts and Juvenile Offenders
Theft, Robbery, Extortion, and Forgery
Theft 1 (9A.56.030)
C
Theft 2 (9A.56.040)
D
Theft 3 (9A.56.050)
E
Theft of Livestock 1 and 2 (9A.56.080 and
9A.56.083)
C
Forgery (9A.60.020)
D
Robbery 1 (9A.56.200)
B+
Robbery 2 (9A.56.210)
C+
Extortion 1 (9A.56.120)
C+
Extortion 2 (9A.56.130)
D+
Identity Theft 1 (9.35.020(2))
D
Identity Theft 2 (9.35.020(3))
E
Improperly Obtaining Financial Information
(9.35.010)
E
Possession of a Stolen Vehicle (9A.56.068) C
Possession of Stolen Property 1 (9A.56.150)C
Possession of Stolen Property 2 (9A.56.160)D
Possession of Stolen Property 3 (9A.56.170)E
Taking Motor Vehicle Without Permission 1
(9A.56.070)
C
Taking Motor Vehicle Without Permission 2
(9A.56.075)
D
Theft of a Motor Vehicle (9A.56.065)
C
Motor Vehicle Related Crimes
Driving Without a License (46.20.005)
E
Hit and Run - Death (46.52.020(4)(a))
C+
Hit and Run - Injury (46.52.020(4)(b))
D
Hit and Run-Attended (46.52.020(5))
E
Hit and Run-Unattended (46.52.010)
E
Vehicular Assault (46.61.522)
D
Attempting to Elude Pursuing Police Vehicle (46.61.024)
D
Reckless Driving (46.61.500)
E
Driving While Under the Influence
(46.61.502 and 46.61.504)
E
Felony Driving While Under the Influence
(46.61.502(6))
B
Felony Physical Control of a Vehicle While
Under the Influence (46.61.504(6))
B
Other
Animal Cruelty 1 (16.52.205)
C
Bomb Threat (9.61.160)
C
Escape 11 (9A.76.110)
C
C
Escape 21 (9A.76.120)
Escape 3 (9A.76.130)
E
Obscene, Harassing, Etc., Phone Calls
(9.61.230)
E
Other Offense Equivalent to an Adult Class
A Felony
B+
Other Offense Equivalent to an Adult Class
B Felony
C
Other Offense Equivalent to an Adult Class
C Felony
D
Other Offense Equivalent to an Adult Gross
Misdemeanor
E
Other Offense Equivalent to an Adult Misdemeanor
E
[Title 13 RCW—page 80]
V
Violation of Order of Restitution, Community Supervision, or Confinement
(13.40.200)2
V
Escape 1 and 2 and Attempted Escape 1 and 2 are classed as
C offenses and the standard range is established as follows:
1
1st escape or attempted escape during 12-month period 4 weeks confinement
2nd escape or attempted escape during 12-month period
- 8 weeks confinement
3rd and subsequent escape or attempted escape during
12-month period - 12 weeks confinement
If the court finds that a respondent has violated terms of an
order, it may impose a penalty of up to 30 days of confinement.
2
JUVENILE SENTENCING STANDARDS
This schedule must be used for juvenile offenders. The court
may select sentencing option A, B, C, D, or RCW 13.40.167.
OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
A+
180 WEEKS TO AGE 21 YEARS
A
103 WEEKS TO 129 WEEKS
A-
15-36
WEEKS
EXCEPT
30-40
WEEKS FOR
15-17
YEAR OLDS
Current B+
Offense
Category
B
80-100
WEEKS
103-129
WEEKS
15-36
WEEKS
52-65
WEEKS
80-100 103-129
WEEKS WEEKS
LOCAL
SANCTIONS (LS)
15-36 WEEKS
C+
LS
C
LS
D+
LS
D
LS
E
52-65
WEEKS
52-65
WEEKS
LS
15-36 WEEKS
15-36 WEEKS
Local Sanctions:
0 to 30 Days
0 to 12 Months Community Supervision
0 to 150 Hours Community Restitution
$0 to $500 Fine
0
1
2
PRIOR ADJUDICATIONS
3
4
or more
NOTE: References in the grid to days or weeks mean periods
of confinement.
(1) The vertical axis of the grid is the current offense category. The current offense category is determined by the
offense of adjudication.
(2) The horizontal axis of the grid is the number of prior
adjudications included in the juvenile’s criminal history.
Each prior felony adjudication shall count as one point. Each
prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be
rounded down.
(2010 Ed.)
Juvenile Justice Act of 1977
13.40.0357
(3) The standard range disposition for each offense is
determined by the intersection of the column defined by the
prior adjudications and the row defined by the current offense
category.
(4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.
(5) A current offense that is a violation is equivalent to
an offense category of E. However, a disposition for a violation shall not include confinement.
(c) Ordered to serve a disposition for a firearm violation
under RCW 13.40.193; or
(d) Adjudicated of a sex offense as defined in RCW
9.94A.030.
OR
If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement
and has not committed an A- or B+ offense, the court may
impose a disposition under RCW 13.40.160(4) and
13.40.165.
OPTION B
SUSPENDED DISPOSITION ALTERNATIVE
(1) If the offender is subject to a standard range disposition involving confinement by the department, the court may
impose the standard range and suspend the disposition on
condition that the offender comply with one or more local
sanctions and any educational or treatment requirement. The
treatment programs provided to the offender must be either
research-based best practice programs as identified by the
Washington state institute for public policy or the joint legislative audit and review committee, or for chemical dependency treatment programs or services, they must be evidencebased or research-based best practice programs. For the purposes of this subsection:
(a) "Evidence-based" means a program or practice that
has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population; and
(b) "Research-based" means a program or practice that
has some research demonstrating effectiveness, but that does
not yet meet the standard of evidence-based practices.
(2) If the offender fails to comply with the suspended
disposition, the court may impose sanctions pursuant to
RCW 13.40.200 or may revoke the suspended disposition
and order the disposition’s execution.
(3) An offender is ineligible for the suspended disposition option under this section if the offender is:
(a) Adjudicated of an A+ offense;
(b) Fourteen years of age or older and is adjudicated of
one or more of the following offenses:
(i) A class A offense, or an attempt, conspiracy, or solicitation to commit a class A offense;
(ii) Manslaughter in the first degree (RCW 9A.32.060);
or
(iii) Assault in the second degree (RCW 9A.36.021),
extortion in the first degree (RCW 9A.56.120), kidnapping in
the second degree (RCW 9A.40.030), robbery in the second
degree (RCW 9A.56.210), residential burglary (RCW
9A.5 2.0 25 ) , bu rg lar y i n th e seco nd deg r ee ( R CW
9A.52.030), drive-by shooting (RCW 9A.36.045), vehicular
homicide (RCW 46.61.520), hit and run death (RCW
46.52.020(4)(a)), intimidating a witness (RCW 9A.72.110),
violation of the uniform controlled substances act (RCW
69.50.401 (2)(a) and (b)), or manslaughter 2 (RCW
9A.32.070), when the offense includes infliction of bodily
harm upon another or when during the commission or immediate withdrawal from the offense the respondent was armed
with a deadly weapon;
(2010 Ed.)
OR
OPTION C
CHEMICAL DEPENDENCY
DISPOSITION ALTERNATIVE
OR
OPTION D
MANIFEST INJUSTICE
If the court determines that a disposition under option A, B,
or C would effectuate a manifest injustice, the court shall
impose a disposition outside the standard range under RCW
13.40.160(2). [2008 c 230 § 3; 2008 c 158 § 1; 2007 c 199 §
11; 2006 c 73 § 14; 2004 c 117 § 1. Prior: 2003 c 378 § 2;
2003 c 335 § 6; 2003 c 53 § 97; prior: 2002 c 324 § 3; 2002
c 175 § 20; 2001 c 217 § 13; 2000 c 66 § 3; 1998 c 290 § 5;
prior: 1997 c 338 § 12; (1997 c 338 § 11 expired July 1,
1998); 1997 c 66 § 6; 1996 c 205 § 6; 1995 c 395 § 3; 1994
sp.s. c 7 § 522; 1989 c 407 § 7.]
Reviser’s note: *(1) RCW 9A.48.090 was amended by 2009 c 431 § 6,
deleting subsection (2)(a) through (c).
**(2) 2010 c 267 removed from RCW 9A.44.130 provisions relating to
the crime of "failure to register" as a sex offender or kidnapping offender,
and placed similar provisions in RCW 9A.44.132.
(3) This section was amended by 2008 c 158 § 1 and by 2008 c 230 §
3, each without reference to the other. Both amendments are incorporated in
the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Delayed effective date—2008 c 230 §§ 1-3: See note following RCW
9A.44.130.
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
Effective date—2006 c 73: See note following RCW 46.61.502.
Effective date—2004 c 117: "This act takes effect July 1, 2004." [2004
c 117 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Study and report—2002 c 324: See note following RCW 9A.56.070.
Effective date—2002 c 175: See note following RCW 7.80.130.
Captions not law—2001 c 217: See note following RCW 9.35.005.
Finding—Evaluation—Report—1997 c 338: "The legislature finds it
critical to evaluate the effectiveness of the revisions made in this act to juvenile sentencing for purposes of measuring improvements in public safety and
reduction of recidivism.
To accomplish this evaluation, the Washington state institute for public
policy shall conduct a study of the sentencing revisions. The study shall: (1)
Be conducted starting January 1, 2001; (2) examine whether the revisions
have affected the rate of initial offense commission and recidivism; (3) determine the impacts of the revisions by age, race, and gender impacts of the
revisions; (4) compare the utilization and effectiveness of sentencing alternatives and manifest injustice determinations before and after the revisions;
and (5) examine the impact and effectiveness of changes made in the exclusive original jurisdiction of juvenile court over juvenile offenders.
The institute shall report the results of the study to the governor and
legislature not later than July 1, 2002." [1997 c 338 § 59.]
[Title 13 RCW—page 81]
13.40.038
Title 13 RCW: Juvenile Courts and Juvenile Offenders
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
13.40.038 County juvenile detention facilities—Policy—Detention and risk assessment standards. It is the
policy of this state that all county juvenile detention facilities
provide a humane, safe, and rehabilitative environment and
that unadjudicated youth remain in the community whenever
possible, consistent with public safety and the provisions of
chapter 13.40 RCW.
The counties shall develop and implement detention
intake standards and risk assessment standards to determine
whether detention is warranted and if so whether the juvenile
should be placed in secure, nonsecure, or home detention to
implement the goals of this section. Inability to pay for a less
restrictive detention placement shall not be a basis for denying a respondent a less restrictive placement in the community. The detention and risk assessment standards shall be
developed and implemented no later than December 31,
1992. [1992 c 205 § 105; 1986 c 288 § 7.]
13.40.038
Additional notes found at www.leg.wa.gov
13.40.040 Taking juvenile into custody, grounds—
Detention of, grounds—Detention pending disposition—
Release on bond, conditions—Bail jumping. (1) A juvenile may be taken into custody:
(a) Pursuant to a court order if a complaint is filed with
the court alleging, and the court finds probable cause to
believe, that the juvenile has committed an offense or has
violated terms of a disposition order or release order; or
(b) Without a court order, by a law enforcement officer if
grounds exist for the arrest of an adult in identical circumstances. Admission to, and continued custody in, a court
detention facility shall be governed by subsection (2) of this
section; or
(c) Pursuant to a court order that the juvenile be held as a
material witness; or
(d) Where the secretary or the secretary’s designee has
suspended the parole of a juvenile offender.
(2) A juvenile may not be held in detention unless there
is probable cause to believe that:
(a) The juvenile has committed an offense or has violated the terms of a disposition order; and
(i) The juvenile will likely fail to appear for further proceedings; or
(ii) Detention is required to protect the juvenile from
himself or herself; or
(iii) The juvenile is a threat to community safety; or
(iv) The juvenile will intimidate witnesses or otherwise
unlawfully interfere with the administration of justice; or
(v) The juvenile has committed a crime while another
case was pending; or
(b) The juvenile is a fugitive from justice; or
(c) The juvenile’s parole has been suspended or modified; or
(d) The juvenile is a material witness.
(3) Notwithstanding subsection (2) of this section, and
within available funds, a juvenile who has been found guilty
of one of the following offenses shall be detained pending
disposition: Rape in the first or second degree (RCW
13.40.040
[Title 13 RCW—page 82]
9A.44.040 and 9A.44.050); or rape of a child in the first
degree (RCW 9A.44.073).
(4) Upon a finding that members of the community have
threatened the health of a juvenile taken into custody, at the
juvenile’s request the court may order continued detention
pending further order of the court.
(5) Except as provided in RCW 9.41.280, a juvenile
detained under this section may be released upon posting a
probation bond set by the court. The juvenile’s parent or
guardian may sign for the probation bond. A court authorizing such a release shall issue an order containing a statement
of conditions imposed upon the juvenile and shall set the date
of his or her next court appearance. The court shall advise the
juvenile of any conditions specified in the order and may at
any time amend such an order in order to impose additional
or different conditions of release upon the juvenile or to
return the juvenile to custody for failing to conform to the
conditions imposed. In addition to requiring the juvenile to
appear at the next court date, the court may condition the probation bond on the juvenile’s compliance with conditions of
release. The juvenile’s parent or guardian may notify the
court that the juvenile has failed to conform to the conditions
of release or the provisions in the probation bond. If the parent notifies the court of the juvenile’s failure to comply with
the probation bond, the court shall notify the surety. As provided in the terms of the bond, the surety shall provide notice
to the court of the offender’s noncompliance. A juvenile may
be released only to a responsible adult or the department of
social and health services. Failure to appear on the date
scheduled by the court pursuant to this section shall constitute the crime of bail jumping. [2002 c 171 § 2; 1999 c 167 §
2; 1997 c 338 § 13; 1995 c 395 § 4; 1979 c 155 § 57; 1977
ex.s. c 291 § 58.]
Effective date—2002 c 171: See note following RCW 72.01.410.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.045 Escapees—Arrest warrants. The secretary,
assistant secretary, or the secretary’s designee shall issue
arrest warrants for juveniles who escape from department
residential custody. The secretary, assistant secretary, or the
secretary’s designee may issue arrest warrants for juveniles
who abscond from parole supervision or fail to meet conditions of parole. These arrest warrants shall authorize any law
enforcement, probation and parole, or peace officer of this
state, or any other state where the juvenile is located, to arrest
the juvenile and to place the juvenile in physical custody
pending the juvenile’s return to confinement in a state juvenile rehabilitation facility. [1997 c 338 § 14; 1994 sp.s. c 7 §
518.]
13.40.045
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
13.40.050 Detention procedures—Notice of hearing—Conditions of release—Consultation with parent,
guardian, or custodian. (1) When a juvenile taken into custody is held in detention:
13.40.050
(2010 Ed.)
Juvenile Justice Act of 1977
(a) An information, a community supervision modification or termination of diversion petition, or a parole modification petition shall be filed within seventy-two hours, Saturdays, Sundays, and holidays excluded, or the juvenile shall be
released; and
(b) A detention hearing, a community supervision modification or termination of diversion petition, or a parole modification petition shall be held within seventy-two hours, Saturdays, Sundays, and holidays excluded, from the time of filing the information or petition, to determine whether
continued detention is necessary under RCW 13.40.040.
(2) Notice of the detention hearing, stating the time,
place, and purpose of the hearing, stating the right to counsel,
and requiring attendance shall be given to the parent, guardian, or custodian if such person can be found and shall also be
given to the juvenile if over twelve years of age.
(3) At the commencement of the detention hearing, the
court shall advise the parties of their rights under this chapter
and shall appoint counsel as specified in this chapter.
(4) The court shall, based upon the allegations in the
information, determine whether the case is properly before it
or whether the case should be treated as a diversion case
under RCW 13.40.080. If the case is not properly before the
court the juvenile shall be ordered released.
(5) Notwithstanding a determination that the case is
properly before the court and that probable cause exists, a
juvenile shall at the detention hearing be ordered released on
the juvenile’s personal recognizance pending further hearing
unless the court finds detention is necessary under RCW
13.40.040.
(6) If detention is not necessary under RCW 13.40.040,
the court shall impose the most appropriate of the following
conditions or, if necessary, any combination of the following
conditions:
(a) Place the juvenile in the custody of a designated person agreeing to supervise such juvenile;
(b) Place restrictions on the travel of the juvenile during
the period of release;
(c) Require the juvenile to report regularly to and remain
under the supervision of the juvenile court;
(d) Impose any condition other than detention deemed
reasonably necessary to assure appearance as required;
(e) Require that the juvenile return to detention during
specified hours; or
(f) Require the juvenile to post a probation bond set by
the court under terms and conditions as provided in *RCW
13.40.040(4).
(7) A juvenile may be released only to a responsible
adult or the department.
(8) If the parent, guardian, or custodian of the juvenile in
detention is available, the court shall consult with them prior
to a determination to further detain or release the juvenile or
treat the case as a diversion case under RCW 13.40.080.
(9) A person notified under this section who fails without
reasonable cause to appear and abide by the order of the court
may be proceeded against as for contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors
relevant to the person’s ability to appear as summoned.
[1997 c 338 § 15; 1995 c 395 § 5; 1992 c 205 § 106; 1979 c
155 § 58; 1977 ex.s. c 291 § 59.]
(2010 Ed.)
13.40.060
*Reviser’s note: RCW 13.40.040 was amended by 2002 c 171 § 2,
changing subsection (4) to subsection (5).
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.054 Probation bond or collateral—Modification or revocation of probation bond. (1) As provided in
this chapter, the court may order a juvenile to post a probation
bond as defined in RCW 13.40.020 or to deposit cash or post
other collateral in lieu of a probation bond, to enhance public
safety, increase the likelihood that a respondent will appear
as required to respond to charges, and increase compliance
with community supervision imposed under various alternative disposition options. The parents or guardians of the juvenile may sign for a probation bond on behalf of the juvenile
or deposit cash or other collateral in lieu of a bond if
approved by the court.
(2) A parent or guardian who has signed for a probation
bond, deposited cash, or posted other collateral on behalf of a
juvenile has the right to notify the court if the juvenile violates any of the terms and conditions of the bond. The parent
or guardian who signed for a probation bond may move the
court to modify the terms of the bond or revoke the bond
without penalty to the surety or parent. The court shall notify
the surety if a parent or guardian notifies the court that the
juvenile has violated conditions of the probation bond and
has requested modification or revocation of the bond. At a
hearing on the motion, the court may consider the nature and
seriousness of the violation or violations and may either keep
the bond in effect, modify the terms of the bond with the consent of the parent or guardian and surety, or revoke the bond.
If the court revokes the bond the court may require full payment of the face amount of the bond. In the alternative, the
court may revoke the bond and impose a partial payment for
less than the full amount of the bond or may revoke the bond
without imposing any penalty. In reaching its decision, the
court may consider the timeliness of the parent’s or guardian’s notification to the court and the efforts of the parent and
surety to monitor the offender’s compliance with conditions
of the bond and release. A surety shall have the same obligations and rights as provided sureties in adult criminal cases.
Rules of forfeiture and revocation of bonds issued in adult
criminal cases shall apply to forfeiture and revocation of probation bonds issued under this chapter except as specifically
provided in this subsection. [1995 c 395 § 1.]
13.40.054
13.40.056 Nonrefundable bail fee. When a juvenile
charged with an offense posts a probation bond or deposits
cash or posts other collateral in lieu of a bond, ten dollars of
the total amount required to be posted as bail shall be paid in
cash as a nonrefundable bail fee. The bail fee shall be distributed to the county for costs associated with implementing
chapter 395, Laws of 1995. [1995 c 395 § 9.]
13.40.056
13.40.060 Jurisdiction of actions—Transfer of case
and records, when—Change in venue, grounds. (1) All
actions under this chapter shall be commenced and tried in
the county where any element of the offense was committed
except as otherwise specially provided by statute. In cases in
which diversion is provided by statute, venue is in the county
13.40.060
[Title 13 RCW—page 83]
13.40.070
Title 13 RCW: Juvenile Courts and Juvenile Offenders
in which the juvenile resides or in the county in which any
element of the offense was committed.
(2)(a) The court upon motion of any party or upon its
own motion may, at any time, transfer a proceeding to
another juvenile court when there is reason to believe that an
impartial proceeding cannot be held in the county in which
the proceeding was begun; and
(b) A court may transfer a proceeding to another juvenile
court following disposition for the purposes of supervision
and enforcement of the disposition order.
(3) If the court orders a transfer of the proceeding pursuant to subsection (2)(b) of this section:
(a) The case and copies of only those legal and social
documents pertaining thereto shall be transferred to the
county in which the juvenile resides, without regard to
whether or not his or her custodial parent resides there, for
supervision and enforcement of the disposition order.
(b) If any restitution is yet to be determined, the originating court shall transfer the case to the new county with the
exception of the restitution. Venue over restitution shall be
retained by the originating court for purposes of establishing
a restitution order. Once restitution is determined, the originating county shall then transfer venue over modification and
enforcement of the restitution to the new county.
(c) The court of the receiving county may modify and
enforce the disposition order, including restitution.
(d) The clerk of the originating county shall maintain the
account receivable in the judicial information system and all
payments shall be made to the clerk of the originating county.
(e) Any collection of the offender legal financial obligation shall be managed by the juvenile probation department
of the new county while the offender is under juvenile probation supervision, or by the clerk of the original county at the
conclusion of supervision by juvenile probation. The probation department of the new county shall notify the clerk of the
originating county when they end supervision of the offender.
(f) In cases where a civil judgment has already been
established, venue may not be transferred to another county.
[2005 c 165 § 1; 1997 c 338 § 16; 1989 c 71 § 1; 1981 c 299
§ 6; 1979 c 155 § 59; 1977 ex.s. c 291 § 60.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.070 Complaints—Screening—Filing information—Diversion—Modification of community supervision—Notice to parent or guardian—Probation counselor
acting for prosecutor—Referral to mediation or reconciliation programs. (1) Complaints referred to the juvenile
court alleging the commission of an offense shall be referred
directly to the prosecutor. The prosecutor, upon receipt of a
complaint, shall screen the complaint to determine whether:
(a) The alleged facts bring the case within the jurisdiction of the court; and
(b) On a basis of available evidence there is probable
cause to believe that the juvenile did commit the offense.
(2) If the identical alleged acts constitute an offense
under both the law of this state and an ordinance of any city
or county of this state, state law shall govern the prosecutor’s
screening and charging decision for both filed and diverted
cases.
13.40.070
[Title 13 RCW—page 84]
(3) If the requirements of subsections (1)(a) and (b) of
this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5), (6), and (8) of this section. If the prosecutor
finds that the requirements of subsection (1)(a) and (b) of this
section are not met, the prosecutor shall maintain a record, for
one year, of such decision and the reasons therefor. In lieu of
filing an information or diverting an offense a prosecutor
may file a motion to modify community supervision where
such offense constitutes a violation of community supervision.
(4) An information shall be a plain, concise, and definite
written statement of the essential facts constituting the
offense charged. It shall be signed by the prosecuting attorney and conform to chapter 10.37 RCW.
(5) Except as provided in RCW 13.40.213 and subsection (7) of this section, where a case is legally sufficient, the
prosecutor shall file an information with the juvenile court if:
(a) An alleged offender is accused of a class A felony, a
class B felony, an attempt to commit a class B felony, a class
C felony listed in RCW 9.94A.411(2) as a crime against persons or listed in RCW 9A.46.060 as a crime of harassment, or
a class C felony that is a violation of RCW 9.41.080 or
9.41.040(2)(a)(iii); or
(b) An alleged offender is accused of a felony and has a
criminal history of any felony, or at least two gross misdemeanors, or at least two misdemeanors; or
(c) An alleged offender has previously been committed
to the department; or
(d) An alleged offender has been referred by a diversion
unit for prosecution or desires prosecution instead of diversion; or
(e) An alleged offender has two or more diversion agreements on the alleged offender’s criminal history; or
(f) A special allegation has been filed that the offender or
an accomplice was armed with a firearm when the offense
was committed.
(6) Where a case is legally sufficient the prosecutor shall
divert the case if the alleged offense is a misdemeanor or
gross misdemeanor or violation and the alleged offense is the
offender’s first offense or violation. If the alleged offender is
charged with a related offense that must or may be filed under
subsections (5) and (8) of this section, a case under this subsection may also be filed.
(7) Where a case is legally sufficient to charge an alleged
offender with either prostitution or prostitution loitering and
the alleged offense is the offender’s first prostitution or prostitution loitering offense, the prosecutor shall divert the case.
(8) Where a case is legally sufficient and falls into neither subsection (5) nor (6) of this section, it may be filed or
diverted. In deciding whether to file or divert an offense
under this section the prosecutor shall be guided only by the
length, seriousness, and recency of the alleged offender’s
criminal history and the circumstances surrounding the commission of the alleged offense.
(9) Whenever a juvenile is placed in custody or, where
not placed in custody, referred to a diversion interview, the
parent or legal guardian of the juvenile shall be notified as
soon as possible concerning the allegation made against the
juvenile and the current status of the juvenile. Where a case
involves victims of crimes against persons or victims whose
(2010 Ed.)
Juvenile Justice Act of 1977
property has not been recovered at the time a juvenile is
referred to a diversion unit, the victim shall be notified of the
referral and informed how to contact the unit.
(10) The responsibilities of the prosecutor under subsections (1) through (9) of this section may be performed by a
juvenile court probation counselor for any complaint referred
to the court alleging the commission of an offense which
would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court
that the prosecutor will not review such complaints.
(11) The prosecutor, juvenile court probation counselor,
or diversion unit may, in exercising their authority under this
section or RCW 13.40.080, refer juveniles to mediation or
victim offender reconciliation programs. Such mediation or
victim offender reconciliation programs shall be voluntary
for victims. [2010 c 289 § 7; 2009 c 252 § 3; 2003 c 53 § 98;
2001 c 175 § 2; 1997 c 338 § 17; 1994 sp.s. c 7 § 543; 1992 c
205 § 107; 1989 c 407 § 9; 1983 c 191 § 18; 1981 c 299 § 7;
1979 c 155 § 60; 1977 ex.s. c 291 § 61.]
Findings—2009 c 252: See note following RCW 13.40.213.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
13.40.077 Recommended prosecuting standards for
charging and plea dispositions.
13.40.077
RECOMMENDED PROSECUTING STANDARDS
FOR CHARGING AND PLEA DISPOSITIONS
INTRODUCTION: These standards are intended solely
for the guidance of prosecutors in the state of Washington.
They are not intended to, do not, and may not be relied upon
to create a right or benefit, substantive or procedural, enforceable at law by a party in litigation with the state.
Evidentiary sufficiency.
(1) Decision not to prosecute.
STANDARD: A prosecuting attorney may decline to
prosecute, even though technically sufficient evidence to
prosecute exists, in situations where prosecution would serve
no public purpose, would defeat the underlying purpose of
the law in question, or would result in decreased respect for
the law. The decision not to prosecute or divert shall not be
influenced by the race, gender, religion, or creed of the suspect.
GUIDELINES/COMMENTARY:
Examples
The following are examples of reasons not to prosecute
which could satisfy the standard.
(a) Contrary to Legislative Intent - It may be proper to
decline to charge where the application of criminal sanctions
would be clearly contrary to the intent of the legislature in
enacting the particular statute.
(b) Antiquated Statute - It may be proper to decline to
charge where the statute in question is antiquated in that:
(i) It has not been enforced for many years;
(ii) Most members of society act as if it were no longer in
existence;
(2010 Ed.)
13.40.077
(iii) It serves no deterrent or protective purpose in
today’s society; and
(iv) The statute has not been recently reconsidered by the
legislature.
This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because
it is difficult to enforce.
(c) De Minimis Violation - It may be proper to decline to
charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose
would be served by prosecution.
(d) Confinement on Other Charges - It may be proper to
decline to charge because the accused has been sentenced on
another charge to a lengthy period of confinement; and
(i) Conviction of the new offense would not merit any
additional direct or collateral punishment;
(ii) The new offense is either a misdemeanor or a felony
which is not particularly aggravated; and
(iii) Conviction of the new offense would not serve any
significant deterrent purpose.
(e) Pending Conviction on Another Charge - It may be
proper to decline to charge because the accused is facing a
pending prosecution in the same or another county; and
(i) Conviction of the new offense would not merit any
additional direct or collateral punishment;
(ii) Conviction in the pending prosecution is imminent;
(iii) The new offense is either a misdemeanor or a felony
which is not particularly aggravated; and
(iv) Conviction of the new offense would not serve any
significant deterrent purpose.
(f) High Disproportionate Cost of Prosecution - It may
be proper to decline to charge where the cost of locating or
transporting, or the burden on, prosecution witnesses is
highly disproportionate to the importance of prosecuting the
offense in question. The reason should be limited to minor
cases and should not be relied upon in serious cases.
(g) Improper Motives of Complainant - It may be proper
to decline charges because the motives of the complainant are
improper and prosecution would serve no public purpose,
would defeat the underlying purpose of the law in question,
or would result in decreased respect for the law.
(h) Immunity - It may be proper to decline to charge
where immunity is to be given to an accused in order to prosecute another where the accused information or testimony
will reasonably lead to the conviction of others who are
responsible for more serious criminal conduct or who represent a greater danger to the public interest.
(i) Victim Request - It may be proper to decline to charge
because the victim requests that no criminal charges be filed
and the case involves the following crimes or situations:
(i) Assault cases where the victim has suffered little or
no injury;
(ii) Crimes against property, not involving violence,
where no major loss was suffered;
(iii) Where doing so would not jeopardize the safety of
society.
Care should be taken to insure that the victim’s request is
freely made and is not the product of threats or pressure by
the accused.
The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.
[Title 13 RCW—page 85]
13.40.077
Title 13 RCW: Juvenile Courts and Juvenile Offenders
Notification
The prosecutor is encouraged to notify the victim, when
practical, and the law enforcement personnel, of the decision
not to prosecute.
(2) Decision to prosecute.
STANDARD:
Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most
plausible, reasonably foreseeable defense that could be raised
under the evidence, would justify conviction by a reasonable
and objective fact finder. With regard to offenses prohibited
by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076,
9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and
9A.64.020 the prosecutor should avoid prefiling agreements
or diversions intended to place the accused in a program of
treatment or counseling, so that treatment, if determined to be
beneficial, can be proved under *RCW 13.40.160(4).
Crimes against property/other crimes will be filed if the
admissible evidence is of such convincing force as to make it
probable that a reasonable and objective fact finder would
convict after hearing all the admissible evidence and the most
plausible defense that could be raised.
The categorization of crimes for these charging standards shall be the same as found in RCW 9.94A.411(2).
The decision to prosecute or use diversion shall not be
influenced by the race, gender, religion, or creed of the
respondent.
(3) Selection of Charges/Degree of Charge
(a) The prosecutor should file charges which adequately
describe the nature of the respondent’s conduct. Other
offenses may be charged only if they are necessary to ensure
that the charges:
(i) Will significantly enhance the strength of the state’s
case at trial; or
(ii) Will result in restitution to all victims.
(b) The prosecutor should not overcharge to obtain a
guilty plea. Overcharging includes:
(i) Charging a higher degree;
(ii) Charging additional counts.
This standard is intended to direct prosecutors to charge
those crimes which demonstrate the nature and seriousness of
a respondent’s criminal conduct, but to decline to charge
crimes which are not necessary to such an indication. Crimes
which do not merge as a matter of law, but which arise from
the same course of conduct, do not all have to be charged.
(4) Police Investigation
A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation
which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation
has been conducted before a decision to prosecute is made. In
ordinary circumstances the investigation should include the
following:
(a) The interviewing of all material witnesses, together
with the obtaining of written statements whenever possible;
(b) The completion of necessary laboratory tests; and
(c) The obtaining, in accordance with constitutional
requirements, of the suspect’s version of the events.
If the initial investigation is incomplete, a prosecuting
attorney should insist upon further investigation before a
[Title 13 RCW—page 86]
decision to prosecute is made, and specify what the investigation needs to include.
(5) Exceptions
In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is
complete if:
(a) Probable cause exists to believe the suspect is guilty;
and
(b) The suspect presents a danger to the community or is
likely to flee if not apprehended; or
(c) The arrest of the suspect is necessary to complete the
investigation of the crime.
In the event that the exception to the standard is applied,
the prosecuting attorney shall obtain a commitment from the
law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does
not produce sufficient evidence to meet the normal charging
standard, the complaint should be dismissed.
(6) Investigation Techniques
The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation
including:
(a) Polygraph testing;
(b) Hypnosis;
(c) Electronic surveillance;
(d) Use of informants.
(7) Prefiling Discussions with Defendant
Discussions with the defendant or his or her representative regarding the selection or disposition of charges may
occur prior to the filing of charges, and potential agreements
can be reached.
(8) Plea dispositions:
STANDARD
(a) Except as provided in subsection (2) of this section, a
respondent will normally be expected to plead guilty to the
charge or charges which adequately describe the nature of his
or her criminal conduct or go to trial.
(b) In certain circumstances, a plea agreement with a
respondent in exchange for a plea of guilty to a charge or
charges that may not fully describe the nature of his or her
criminal conduct may be necessary and in the public interest.
Such situations may include the following:
(i) Evidentiary problems which make conviction of the
original charges doubtful;
(ii) The respondent’s willingness to cooperate in the
investigation or prosecution of others whose criminal conduct is more serious or represents a greater public threat;
(iii) A request by the victim when it is not the result of
pressure from the respondent;
(iv) The discovery of facts which mitigate the seriousness of the respondent’s conduct;
(v) The correction of errors in the initial charging decision;
(vi) The respondent’s history with respect to criminal
activity;
(vii) The nature and seriousness of the offense or
offenses charged;
(viii) The probable effect of witnesses.
(c) No plea agreement shall be influenced by the race,
gender, religion, or creed of the respondent. This includes but
is not limited to the prosecutor’s decision to utilize such dis(2010 Ed.)
Juvenile Justice Act of 1977
position alternatives as the Special Sex Offender Disposition
Alternative, the Chemical Dependency Disposition Alternative, and manifest injustice.
(9) Disposition recommendations:
STANDARD
The prosecutor may reach an agreement regarding disposition recommendations.
The prosecutor shall not agree to withhold relevant information from the court concerning the plea agreement. [1997
c 338 § 18; 1996 c 9 § 1.]
*Reviser’s note: RCW 13.40.160 was amended by 1999 c 91 § 2,
changing subsection (4) to subsection (3).
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.080 Diversion agreement—Scope—Limitations—Restitution orders—Divertee’s rights—Diversion
unit’s powers and duties—Interpreters—Modification—
Fines. (1) A diversion agreement shall be a contract between
a juvenile accused of an offense and a diversion unit whereby
the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the
prosecutor, or probation counselor pursuant to this chapter,
has determined that probable cause exists to believe that a
crime has been committed and that the juvenile committed it.
Such agreements shall be entered into as expeditiously as
possible.
(2) A diversion agreement shall be limited to one or
more of the following:
(a) Community restitution not to exceed one hundred
fifty hours, not to be performed during school hours if the
juvenile is attending school;
(b) Restitution limited to the amount of actual loss
incurred by any victim;
(c) Attendance at up to ten hours of counseling and/or up
to twenty hours of educational or informational sessions at a
community agency. The educational or informational sessions may include sessions relating to respect for self, others,
and authority; victim awareness; accountability; self-worth;
responsibility; work ethics; good citizenship; literacy; and
life skills. For purposes of this section, "community agency"
may also mean a community-based nonprofit organization, if
approved by the diversion unit. The state shall not be liable
for costs resulting from the diversion unit exercising the
option to permit diversion agreements to mandate attendance
at up to ten hours of counseling and/or up to twenty hours of
educational or informational sessions;
(d) A fine, not to exceed one hundred dollars;
(e) Requirements to remain during specified hours at
home, school, or work, and restrictions on leaving or entering
specified geographical areas; and
(f) Upon request of any victim or witness, requirements
to refrain from any contact with victims or witnesses of
offenses committed by the juvenile.
(3) Notwithstanding the provisions of subsection (2) of
this section, youth courts are not limited to the conditions
imposed by subsection (2) of this section in imposing sanctions on juveniles pursuant to RCW 13.40.630.
(4) In assessing periods of community restitution to be
performed and restitution to be paid by a juvenile who has
13.40.080
(2010 Ed.)
13.40.080
entered into a diversion agreement, the court officer to whom
this task is assigned shall consult with the juvenile’s custodial
parent or parents or guardian. To the extent possible, the
court officer shall advise the victims of the juvenile offender
of the diversion process, offer victim impact letter forms and
restitution claim forms, and involve members of the community. Such members of the community shall meet with the
juvenile and advise the court officer as to the terms of the
diversion agreement and shall supervise the juvenile in carrying out its terms.
(5)(a) A diversion agreement may not exceed a period of
six months and may include a period extending beyond the
eighteenth birthday of the divertee.
(b) If additional time is necessary for the juvenile to
complete restitution to a victim, the time period limitations of
this subsection may be extended by an additional six months.
(c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the
juvenile shall be referred to the juvenile court for entry of an
order establishing the amount of restitution still owed to the
victim. In this order, the court shall also determine the terms
and conditions of the restitution, including a payment plan
extending up to ten years if the court determines that the juvenile does not have the means to make full restitution over a
shorter period. For the purposes of this subsection (5)(c), the
juvenile shall remain under the court’s jurisdiction for a maximum term of ten years after the juvenile’s eighteenth birthday. Prior to the expiration of the initial ten-year period, the
juvenile court may extend the judgment for restitution an
additional ten years. The court may relieve the juvenile of the
requirement to pay full or partial restitution if the juvenile
reasonably satisfies the court that he or she does not have the
means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a ten-year
period. If the court relieves the juvenile of the requirement to
pay full or partial restitution, the court may order an amount
of community restitution that the court deems appropriate.
The county clerk shall make disbursements to victims named
in the order. The restitution to victims named in the order
shall be paid prior to any payment for other penalties or monetary assessments. A juvenile under obligation to pay restitution may petition the court for modification of the restitution
order.
(6) The juvenile shall retain the right to be referred to the
court at any time prior to the signing of the diversion agreement.
(7) Divertees and potential divertees shall be afforded
due process in all contacts with a diversion unit regardless of
whether the juveniles are accepted for diversion or whether
the diversion program is successfully completed. Such due
process shall include, but not be limited to, the following:
(a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;
(b) Violation of the terms of the agreement shall be the
only grounds for termination;
(c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing
shall be preceded by:
(i) Written notice of alleged violations of the conditions
of the diversion program; and
[Title 13 RCW—page 87]
13.40.080
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(ii) Disclosure of all evidence to be offered against the
divertee;
(d) The hearing shall be conducted by the juvenile court
and shall include:
(i) Opportunity to be heard in person and to present evidence;
(ii) The right to confront and cross-examine all adverse
witnesses;
(iii) A written statement by the court as to the evidence
relied on and the reasons for termination, should that be the
decision; and
(iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.
(e) The prosecutor may file an information on the
offense for which the divertee was diverted:
(i) In juvenile court if the divertee is under eighteen
years of age; or
(ii) In superior court or the appropriate court of limited
jurisdiction if the divertee is eighteen years of age or older.
(8) The diversion unit shall, subject to available funds,
be responsible for providing interpreters when juveniles need
interpreters to effectively communicate during diversion unit
hearings or negotiations.
(9) The diversion unit shall be responsible for advising a
divertee of his or her rights as provided in this chapter.
(10) The diversion unit may refer a juvenile to community-based counseling or treatment programs.
(11) The right to counsel shall inure prior to the initial
interview for purposes of advising the juvenile as to whether
he or she desires to participate in the diversion process or to
appear in the juvenile court. The juvenile may be represented
by counsel at any critical stage of the diversion process,
including intake interviews and termination hearings. The
juvenile shall be fully advised at the intake of his or her right
to an attorney and of the relevant services an attorney can
provide. For the purpose of this section, intake interviews
mean all interviews regarding the diversion agreement process.
The juvenile shall be advised that a diversion agreement
shall constitute a part of the juvenile’s criminal history as
defined by RCW 13.40.020(7). A signed acknowledgment of
such advisement shall be obtained from the juvenile, and the
document shall be maintained by the diversion unit together
with the diversion agreement, and a copy of both documents
shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth
the content of such advisement in simple language.
(12) When a juvenile enters into a diversion agreement,
the juvenile court may receive only the following information
for dispositional purposes:
(a) The fact that a charge or charges were made;
(b) The fact that a diversion agreement was entered into;
(c) The juvenile’s obligations under such agreement;
(d) Whether the alleged offender performed his or her
obligations under such agreement; and
(e) The facts of the alleged offense.
(13) A diversion unit may refuse to enter into a diversion
agreement with a juvenile. When a diversion unit refuses to
enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall for[Title 13 RCW—page 88]
ward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion
agreement. The diversion unit shall also immediately refer
the case to the prosecuting attorney for action if such juvenile
violates the terms of the diversion agreement.
(14) A diversion unit may, in instances where it determines that the act or omission of an act for which a juvenile
has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving
no threat of or instance of actual physical harm and involving
not more than fifty dollars in property loss or damage and that
there is no loss outstanding to the person or firm suffering
such damage or loss, counsel and release or release such a
juvenile without entering into a diversion agreement. A
diversion unit’s authority to counsel and release a juvenile
under this subsection includes the authority to refer the juvenile to community-based counseling or treatment programs.
Any juvenile released under this subsection shall be advised
that the act or omission of any act for which he or she had
been referred shall constitute a part of the juvenile’s criminal
history as defined by RCW 13.40.020(7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a
copy of the document shall be delivered to the prosecutor if
requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in
simple language. A juvenile determined to be eligible by a
diversion unit for release as provided in this subsection shall
retain the same right to counsel and right to have his or her
case referred to the court for formal action as any other juvenile referred to the unit.
(15) A diversion unit may supervise the fulfillment of a
diversion agreement entered into before the juvenile’s eighteenth birthday and which includes a period extending
beyond the divertee’s eighteenth birthday.
(16) If a fine required by a diversion agreement cannot
reasonably be paid due to a change of circumstance, the
diversion agreement may be modified at the request of the
divertee and with the concurrence of the diversion unit to
convert an unpaid fine into community restitution. The modification of the diversion agreement shall be in writing and
signed by the divertee and the diversion unit. The number of
hours of community restitution in lieu of a monetary penalty
shall be converted at the rate of the prevailing state minimum
wage per hour.
(17) Fines imposed under this section shall be collected
and paid into the county general fund in accordance with procedures established by the juvenile court administrator under
RCW 13.04.040 and may be used only for juvenile services.
In the expenditure of funds for juvenile services, there shall
be a maintenance of effort whereby counties exhaust existing
resources before using amounts collected under this section.
[2004 c 120 § 3. Prior: 2002 c 237 § 8; 2002 c 175 § 21; 1999
c 91 § 1; 1997 c 338 § 70; 1997 c 121 § 8; 1996 c 124 § 1;
1994 sp.s. c 7 § 544; 1992 c 205 § 108; 1985 c 73 § 2; 1983 c
191 § 16; 1981 c 299 § 8; 1979 c 155 § 61; 1977 ex.s. c 291
§ 62.]
Effective date—2004 c 120: See note following RCW 13.40.010.
Effective date—2002 c 175: See note following RCW 7.80.130.
(2010 Ed.)
Juvenile Justice Act of 1977
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
13.40.085 Diversion services costs—Fees—Payment
by parent or legal guardian. The county legislative authority may authorize juvenile court administrators to establish
fees to cover the costs of the administration and operation of
diversion services provided under this chapter. The parent or
legal guardian of a juvenile who receives diversion services
must pay for the services based on the parent’s or guardian’s
ability to pay. The juvenile court administrators shall develop
a fair and equitable payment schedule. No juvenile who is eligible for diversion as provided in this chapter may be denied
diversion services based on an inability to pay for the services. [1993 c 171 § 1.]
13.40.085
13.40.087 Youth who have been diverted—Alleged
prostitution or prostitution loitering offenses—Services
and treatment. Within available funding, when a youth who
has been diverted under RCW 13.40.070 for an alleged
offense of prostitution or prostitution loitering is referred to
the department, the department shall connect that youth with
the services and treatment specified in RCW 74.14B.060 and
74.14B.070. [2010 c 289 § 5.]
13.40.087
13.40.090 Prosecuting attorney as party to juvenile
court proceedings—Exception, procedure. The county
prosecuting attorney shall be a party to all juvenile court proceedings involving juvenile offenders or alleged juvenile
offenders.
The prosecuting attorney may, after giving appropriate
notice to the juvenile court, decline to represent the state of
Washington in juvenile court matters except felonies unless
requested by the court on an individual basis to represent the
state at an adjudicatory hearing in which case he or she shall
participate. When the prosecutor declines to represent the
state, then such function may be performed by the juvenile
court probation counselor authorized by the court or local
court rule to serve as the prosecuting authority.
If the prosecuting attorney elects not to participate, the
prosecuting attorney shall file with the county clerk each year
by the first Monday in July notice of intent not to participate.
In a county wherein the prosecuting attorney has elected not
to participate in juvenile court, he or she shall not thereafter
until the next filing date participate in juvenile court proceedings unless so requested by the court on an individual basis,
in which case the prosecuting attorney shall participate.
[1977 ex.s. c 291 § 63.]
13.40.090
Additional notes found at www.leg.wa.gov
13.40.100 Summons or other notification issued upon
filing of information—Procedure—Order to take juvenile
into custody—Contempt of court, when. (1) Upon the filing of an information the alleged offender shall be notified by
summons, warrant, or other method approved by the court of
the next required court appearance.
(2) If notice is by summons, the clerk of the court shall
issue a summons directed to the juvenile, if the juvenile is
13.40.100
(2010 Ed.)
13.40.110
twelve or more years of age, and another to the parents,
guardian, or custodian, and such other persons as appear to
the court to be proper or necessary parties to the proceedings,
requiring them to appear personally before the court at the
time fixed to hear the petition. Where the custodian is summoned, the parent or guardian or both shall also be served
with a summons.
(3) A copy of the information shall be attached to each
summons.
(4) The summons shall advise the parties of the right to
counsel.
(5) The judge may endorse upon the summons an order
directing the parents, guardian, or custodian having the custody or control of the juvenile to bring the juvenile to the
hearing.
(6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the juvenile needs to be
taken into custody pursuant to RCW 13.34.050, the judge
may endorse upon the summons an order that an officer serving the summons shall at once take the juvenile into custody
and take the juvenile to the place of detention or shelter designated by the court.
(7) Service of summons may be made under the direction
of the court by any law enforcement officer or probation
counselor.
(8) If the person summoned as herein provided fails
without reasonable cause to appear and abide the order of the
court, the person may be proceeded against as for contempt
of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person’s ability to appear as
summoned. [1997 c 338 § 19; 1979 c 155 § 62; 1977 ex.s. c
291 § 64.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.110 Hearing on question of declining jurisdiction—Held, when—Findings. (1) Discretionary decline
hearing - The prosecutor, respondent, or the court on its own
motion may, before a hearing on the information on its merits, file a motion requesting the court to transfer the respondent for adult criminal prosecution and the matter shall be set
for a hearing on the question of declining jurisdiction.
(2) Mandatory decline hearing - Unless waived by the
court, the parties, and their counsel, a decline hearing shall be
held when:
(a) The respondent is sixteen or seventeen years of age
and the information alleges a class A felony or an attempt,
solicitation, or conspiracy to commit a class A felony;
(b) The respondent is seventeen years of age and the
information alleges assault in the second degree, extortion in
the first degree, indecent liberties, child molestation in the
second degree, kidnapping in the second degree, or robbery
in the second degree; or
(c) The information alleges an escape by the respondent
and the respondent is serving a minimum juvenile sentence to
age twenty-one.
(3) The court after a decline hearing may order the case
transferred for adult criminal prosecution upon a finding that
13.40.110
[Title 13 RCW—page 89]
13.40.120
Title 13 RCW: Juvenile Courts and Juvenile Offenders
the declination would be in the best interest of the juvenile or
the public. The court shall consider the relevant reports,
facts, opinions, and arguments presented by the parties and
their counsel.
(4) When the respondent is transferred for criminal prosecution or retained for prosecution in juvenile court, the court
shall set forth in writing its finding which shall be supported
by relevant facts and opinions produced at the hearing. [2009
c 454 § 3; 1997 c 338 § 20; 1990 c 3 § 303; 1988 c 145 § 18;
1979 c 155 § 63; 1977 ex.s. c 291 § 65.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.120 Hearings—Time and place. All hearings
may be conducted at any time or place within the limits of the
judicial district, and such cases may not be heard in conjunction with other business of any other division of the superior
court. [1981 c 299 § 9; 1979 c 155 § 64; 1977 ex.s. c 291 §
66.]
13.40.120
Additional notes found at www.leg.wa.gov
13.40.127 Deferred disposition. (1) A juvenile is eligible for deferred disposition unless he or she:
(a) Is charged with a sex or violent offense;
(b) Has a criminal history which includes any felony;
(c) Has a prior deferred disposition or deferred adjudication; or
(d) Has two or more adjudications.
(2) The juvenile court may, upon motion at least fourteen
days before commencement of trial and, after consulting the
juvenile’s custodial parent or parents or guardian and with
the consent of the juvenile, continue the case for disposition
for a period not to exceed one year from the date the juvenile
is found guilty. The court shall consider whether the offender
and the community will benefit from a deferred disposition
before deferring the disposition.
(3) Any juvenile who agrees to a deferral of disposition
shall:
(a) Stipulate to the admissibility of the facts contained in
the written police report;
(b) Acknowledge that the report will be entered and used
to support a finding of guilt and to impose a disposition if the
juvenile fails to comply with terms of supervision; and
(c) Waive the following rights to: (i) A speedy disposition; and (ii) call and confront witnesses.
The adjudicatory hearing shall be limited to a reading of
the court’s record.
(4) Following the stipulation, acknowledgment, waiver,
and entry of a finding or plea of guilt, the court shall defer
entry of an order of disposition of the juvenile.
(5) Any juvenile granted a deferral of disposition under
this section shall be placed under community supervision.
The court may impose any conditions of supervision that it
deems appropriate including posting a probation bond. Payment of restitution under RCW 13.40.190 shall be a condition
of community supervision under this section.
The court may require a juvenile offender convicted of
animal cruelty in the first degree to submit to a mental health
evaluation to determine if the offender would benefit from
13.40.127
[Title 13 RCW—page 90]
treatment and such intervention would promote the safety of
the community. After consideration of the results of the evaluation, as a condition of community supervision, the court
may order the offender to attend treatment to address issues
pertinent to the offense.
(6) A parent who signed for a probation bond has the
right to notify the counselor if the juvenile fails to comply
with the bond or conditions of supervision. The counselor
shall notify the court and surety of any failure to comply. A
surety shall notify the court of the juvenile’s failure to comply with the probation bond. The state shall bear the burden
to prove, by a preponderance of the evidence, that the juvenile has failed to comply with the terms of community supervision.
(7) A juvenile’s lack of compliance shall be determined
by the judge upon written motion by the prosecutor or the
juvenile’s juvenile court community supervision counselor.
If a juvenile fails to comply with terms of supervision, the
court shall enter an order of disposition.
(8) At any time following deferral of disposition the
court may, following a hearing, continue the case for an additional one-year period for good cause.
(9) At the conclusion of the period set forth in the order
of deferral and upon a finding by the court of full compliance
with conditions of supervision and payment of full restitution, the respondent’s conviction shall be vacated and the
court shall dismiss the case with prejudice, except that a conviction under RCW 16.52.205 shall not be vacated.
(10)(a) Records of deferred disposition cases vacated
under subsection (9) of this section shall be sealed no later
than thirty days after the juvenile’s eighteenth birthday provided that the juvenile does not have any charges pending at
that time. If a juvenile has already reached his or her eighteenth birthday before July 26, 2009, and does not have any
charges pending, he or she may request that the court issue an
order sealing the records of his or her deferred disposition
cases vacated under subsection (9) of this section, and this
request shall be granted. Nothing in this subsection shall preclude a juvenile from petitioning the court to have the records
of his or her deferred dispositions sealed under RCW
13.50.050 (11) and (12).
(b) Records sealed under this provision shall have the
same legal status as records sealed under RCW 13.50.050.
[2009 c 236 § 1; 2004 c 117 § 2; 2001 c 175 § 3; 1997 c 338
§ 21.]
Effective date—2004 c 117: See note following RCW 13.40.0357.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.130 Procedure upon plea of guilty or not guilty
to information allegations—Notice—Adjudicatory and
disposition hearing—Disposition standards used in sentencing. (1) The respondent shall be advised of the allegations in the information and shall be required to plead guilty
or not guilty to the allegation(s). The state or the respondent
may make preliminary motions up to the time of the plea.
(2) If the respondent pleads guilty, the court may proceed
with disposition or may continue the case for a dispositional
hearing. If the respondent denies guilt, an adjudicatory hearing date shall be set. The court shall notify the parent, guard13.40.130
(2010 Ed.)
Juvenile Justice Act of 1977
ian, or custodian who has custody of a juvenile described in
the charging document of the dispositional or adjudicatory
hearing and shall require attendance.
(3) At the adjudicatory hearing it shall be the burden of
the prosecution to prove the allegations of the information
beyond a reasonable doubt.
(4) The court shall record its findings of fact and shall
enter its decision upon the record. Such findings shall set
forth the evidence relied upon by the court in reaching its
decision.
(5) If the respondent is found not guilty he or she shall be
released from detention.
(6) If the respondent is found guilty the court may immediately proceed to disposition or may continue the case for a
dispositional hearing. Notice of the time and place of the continued hearing may be given in open court. If notice is not
given in open court to a party, the party and the parent, guardian, or custodian who has custody of the juvenile shall be
notified by mail of the time and place of the continued hearing.
(7) The court following an adjudicatory hearing may
request that a predisposition study be prepared to aid the
court in its evaluation of the matters relevant to disposition of
the case.
(8) The disposition hearing shall be held within fourteen
days after the adjudicatory hearing or plea of guilty unless
good cause is shown for further delay, or within twenty-one
days if the juvenile is not held in a detention facility, unless
good cause is shown for further delay.
(9) In sentencing an offender, the court shall use the disposition standards in effect on the date of the offense.
(10) A person notified under this section who fails without reasonable cause to appear and abide by the order of the
court may be proceeded against as for contempt of court. In
determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person’s ability to appear as summoned.
[1997 c 338 § 22; 1981 c 299 § 10; 1979 c 155 § 65; 1977
ex.s. c 291 § 67.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.135 Sexual motivation special allegation—Procedures. (1) The prosecuting attorney shall file a special
allegation of sexual motivation in every juvenile offense
other than sex offenses as defined in RCW 9.94A.030 when
sufficient admissible evidence exists, which, when considered with the most plausible, reasonably consistent defense
that could be raised under the evidence, would justify a finding of sexual motivation by a reasonable and objective fact
finder.
(2) In a juvenile case wherein there has been a special
allegation the state shall prove beyond a reasonable doubt
that the juvenile committed the offense with a sexual motivation. The court shall make a finding of fact of whether or not
the sexual motivation was present at the time of the commission of the offense. This finding shall not be applied to sex
offenses as defined in RCW 9.94A.030.
(3) The prosecuting attorney shall not withdraw the special allegation of "sexual motivation" without approval of the
13.40.135
(2010 Ed.)
13.40.140
court through an order of dismissal. The court shall not dismiss the special allegation unless it finds that such an order is
necessary to correct an error in the initial charging decision or
unless there are evidentiary problems which make proving
the special allegation doubtful. [2009 c 28 § 33; 1997 c 338
§ 23; 1990 c 3 § 604.]
Effective date—2009 c 28: See note following RCW 2.24.040.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.140 Juveniles entitled to usual judicial rights—
Notice of—Open court—Privilege against self-incrimination—Waiver of rights, when. (1) A juvenile shall be
advised of his or her rights when appearing before the court.
(2) A juvenile and his or her parent, guardian, or custodian shall be advised by the court or its representative that the
juvenile has a right to be represented by counsel at all critical
stages of the proceedings. Unless waived, counsel shall be
provided to a juvenile who is financially unable to obtain
counsel without causing substantial hardship to himself or
herself or the juvenile’s family, in any proceeding where the
juvenile may be subject to transfer for criminal prosecution,
or in any proceeding where the juvenile may be in danger of
confinement. The ability to pay part of the cost of counsel
does not preclude assignment. In no case may a juvenile be
deprived of counsel because of a parent, guardian, or custodian refusing to pay therefor. The juvenile shall be fully
advised of his or her right to an attorney and of the relevant
services an attorney can provide.
(3) The right to counsel includes the right to the appointment of experts necessary, and the experts shall be required
pursuant to the procedures and requirements established by
the supreme court.
(4) Upon application of a party, the clerk of the court
shall issue, and the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and
production of records, documents, or other tangible objects at
any hearing, or such subpoenas may be issued by an attorney
of record.
(5) All proceedings shall be transcribed verbatim by
means which will provide an accurate record.
(6) The general public and press shall be permitted to
attend any hearing unless the court, for good cause, orders a
particular hearing to be closed. The presumption shall be that
all such hearings will be open.
(7) In all adjudicatory proceedings before the court, all
parties shall have the right to adequate notice, discovery as
provided in criminal cases, opportunity to be heard, confrontation of witnesses except in such cases as this chapter
expressly permits the use of hearsay testimony, findings
based solely upon the evidence adduced at the hearing, and
an unbiased fact finder.
(8) A juvenile shall be accorded the same privilege
against self-incrimination as an adult. An extrajudicial statement which would be constitutionally inadmissible in a criminal proceeding may not be received in evidence at an adjudicatory hearing over objection. Evidence illegally seized or
obtained may not be received in evidence over objection at an
adjudicatory hearing to prove the allegations against the juvenile if the evidence would be inadmissible in an adult crimi13.40.140
[Title 13 RCW—page 91]
13.40.145
Title 13 RCW: Juvenile Courts and Juvenile Offenders
nal proceeding. An extrajudicial admission or confession
made by the juvenile out of court is insufficient to support a
finding that the juvenile committed the acts alleged in the
information unless evidence of a corpus delicti is first independently established in the same manner as required in an
adult criminal proceeding.
(9) Waiver of any right which a juvenile has under this
chapter must be an express waiver intelligently made by the
juvenile after the juvenile has been fully informed of the right
being waived.
(10) Whenever this chapter refers to waiver or objection
by a juvenile, the word juvenile shall be construed to refer to
a juvenile who is at least twelve years of age. If a juvenile is
under twelve years of age, the juvenile’s parent, guardian, or
custodian shall give any waiver or offer any objection contemplated by this chapter. [1981 c 299 § 11; 1979 c 155 § 66;
1977 ex.s. c 291 § 68.]
agency, or governmental entity as the court finds entitled
thereto.
Such judgments shall remain valid and enforceable for a
period of ten years subsequent to entry.
When the juvenile reaches the age of eighteen or at the
conclusion of juvenile court jurisdiction, whichever occurs
later, the superior court clerk must docket the remaining balance of the juvenile’s legal financial obligations in the same
manner as other judgments for the payment of money. The
judgment remains valid and enforceable until ten years from
the date of its imposition. The clerk of superior court may
seek extension of the judgment for legal financial obligations,
including crime victims’ assessments, in the same manner as
RCW 6.17.020 for purposes of collection as allowed under
RCW 36.18.190. [1997 c 121 § 6; 1995 c 275 § 4; 1984 c 86
§ 1.]
Finding—Severability—1995 c 275: See notes following RCW
10.73.150.
Additional notes found at www.leg.wa.gov
13.40.150 Disposition hearing—Scope—Factors to
be considered prior to entry of dispositional order. (1) In
disposition hearings all relevant and material evidence,
including oral and written reports, may be received by the
court and may be relied upon to the extent of its probative
value, even though such evidence may not be admissible in a
hearing on the information. The youth or the youth’s counsel
and the prosecuting attorney shall be afforded an opportunity
to examine and controvert written reports so received and to
cross-examine individuals making reports when such individuals are reasonably available, but sources of confidential
information need not be disclosed. The prosecutor and counsel for the juvenile may submit recommendations for disposition.
(2) For purposes of disposition:
(a) Violations which are current offenses count as misdemeanors;
(b) Violations may not count as part of the offender’s
criminal history;
(c) In no event may a disposition for a violation include
confinement.
(3) Before entering a dispositional order as to a respondent found to have committed an offense, the court shall hold
a disposition hearing, at which the court shall:
(a) Consider the facts supporting the allegations of criminal conduct by the respondent;
(b) Consider information and arguments offered by parties and their counsel;
(c) Consider any predisposition reports;
(d) Consult with the respondent’s parent, guardian, or
custodian on the appropriateness of dispositional options
under consideration and afford the respondent and the
respondent’s parent, guardian, or custodian an opportunity to
speak in the respondent’s behalf;
(e) Allow the victim or a representative of the victim and
an investigative law enforcement officer to speak;
(f) Determine the amount of restitution owing to the victim, if any, or set a hearing for a later date not to exceed one
hundred eighty days from the date of the disposition hearing
to determine the amount, except that the court may continue
the hearing beyond the one hundred eighty days for good
cause;
13.40.150
13.40.145
13.40.145 Payment of fees for legal services by publicly funded counsel—Hearing—Order or decree—
Entering and enforcing judgments. Upon disposition or at
the time of a modification or at the time an appellate court
remands the case to the trial court following a ruling in favor
of the state the court may order the juvenile or a parent or
another person legally obligated to support the juvenile to
appear, and the court may inquire into the ability of those persons to pay a reasonable sum representing in whole or in part
the fees for legal services provided by publicly funded counsel and the costs incurred by the public in producing a verbatim report of proceedings and clerk’s papers for use in the
appellate courts.
If, after hearing, the court finds the juvenile, parent, or
other legally obligated person able to pay part or all of the
attorney’s fees and costs incurred on appeal, the court may
enter such order or decree as is equitable and may enforce the
order or decree by execution, or in any way in which a court
of equity may enforce its decrees.
In no event may the court order an amount to be paid for
attorneys’ fees that exceeds the average per case fee allocation for juvenile proceedings in the county where the services
have been provided or the average per case fee allocation for
juvenile appeals established by the Washington supreme
court.
In any case in which there is no compliance with an order
or decree of the court requiring a juvenile, parent, or other
person legally obligated to support the juvenile to pay for
legal services provided by publicly funded counsel, the court
may, upon such person or persons being properly summoned
or voluntarily appearing, proceed to inquire into the amount
due upon the order or decree and enter judgment for that
amount against the defaulting party or parties. Judgment shall
be docketed in the same manner as are other judgments for
the payment of money.
The county in which such judgments are entered shall be
denominated the judgment creditor, and the judgments may
be enforced by the prosecuting attorney of that county. Any
moneys recovered thereon shall be paid into the registry of
the court and shall be disbursed to such person, persons,
[Title 13 RCW—page 92]
(2010 Ed.)
Juvenile Justice Act of 1977
(g) Determine the respondent’s offender score;
(h) Consider whether or not any of the following mitigating factors exist:
(i) The respondent’s conduct neither caused nor threatened serious bodily injury or the respondent did not contemplate that his or her conduct would cause or threaten serious
bodily injury;
(ii) The respondent acted under strong and immediate
provocation;
(iii) The respondent was suffering from a mental or
physical condition that significantly reduced his or her culpability for the offense though failing to establish a defense;
(iv) Prior to his or her detection, the respondent compensated or made a good faith attempt to compensate the victim
for the injury or loss sustained; and
(v) There has been at least one year between the respondent’s current offense and any prior criminal offense;
(i) Consider whether or not any of the following aggravating factors exist:
(i) In the commission of the offense, or in flight therefrom, the respondent inflicted or attempted to inflict serious
bodily injury to another;
(ii) The offense was committed in an especially heinous,
cruel, or depraved manner;
(iii) The victim or victims were particularly vulnerable;
(iv) The respondent has a recent criminal history or has
failed to comply with conditions of a recent dispositional
order or diversion agreement;
(v) The current offense included a finding of sexual
motivation pursuant to RCW 13.40.135;
(vi) The respondent was the leader of a criminal enterprise involving several persons;
(vii) There are other complaints which have resulted in
diversion or a finding or plea of guilty but which are not
included as criminal history; and
(viii) The standard range disposition is clearly too lenient
considering the seriousness of the juvenile’s prior adjudications.
(4) The following factors may not be considered in determining the punishment to be imposed:
(a) The sex of the respondent;
(b) The race or color of the respondent or the respondent’s family;
(c) The creed or religion of the respondent or the respondent’s family;
(d) The economic or social class of the respondent or the
respondent’s family; and
(e) Factors indicating that the respondent may be or is a
dependent child within the meaning of this chapter.
(5) A court may not commit a juvenile to a state institution solely because of the lack of facilities, including treatment facilities, existing in the community. [1998 c 86 § 1;
1997 c 338 § 24; 1995 c 268 § 5; 1992 c 205 § 109; 1990 c 3
§ 605; 1981 c 299 § 12; 1979 c 155 § 67; 1977 ex.s. c 291 §
69.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Purpose—1995 c 268: See note following RCW 9.94A.030.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
13.40.160
13.40.160 Disposition order—Court’s action prescribed—Disposition outside standard range—Right of
appeal—Special sex offender disposition alternative. (1)
The standard range disposition for a juvenile adjudicated of
an offense is determined according to RCW 13.40.0357.
(a) When the court sentences an offender to a local sanction as provided in RCW 13.40.0357 option A, the court shall
impose a determinate disposition within the standard ranges,
except as provided in subsection (2), (3), (4), (5), or (6) of this
section. The disposition may be comprised of one or more
local sanctions.
(b) When the court sentences an offender to a standard
range as provided in RCW 13.40.0357 option A that includes
a term of confinement exceeding thirty days, commitment
shall be to the department for the standard range of confinement, except as provided in subsection (2), (3), (4), (5), or (6)
of this section.
(2) If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would
effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option D of
RCW 13.40.0357. The court’s finding of manifest injustice
shall be supported by clear and convincing evidence.
A disposition outside the standard range shall be determinate and shall be comprised of confinement or community
supervision, or a combination thereof. When a judge finds a
manifest injustice and imposes a sentence of confinement
exceeding thirty days, the court shall sentence the juvenile to
a maximum term, and the provisions of RCW 13.40.030(2)
shall be used to determine the range. A disposition outside
the standard range is appealable under RCW 13.40.230 by
the state or the respondent. A disposition within the standard
range is not appealable under RCW 13.40.230.
(3) When a juvenile offender is found to have committed
a sex offense, other than a sex offense that is also a serious
violent offense as defined by RCW 9.94A.030, and has no
history of a prior sex offense, the court, on its own motion or
the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to
treatment.
The report of the examination shall include at a minimum the following: The respondent’s version of the facts
and the official version of the facts, the respondent’s offense
history, an assessment of problems in addition to alleged
deviant behaviors, the respondent’s social, educational, and
employment situation, and other evaluation measures used.
The report shall set forth the sources of the evaluator’s information.
The examiner shall assess and report regarding the
respondent’s amenability to treatment and relative risk to the
community. A proposed treatment plan shall be provided and
shall include, at a minimum:
(a)(i) Frequency and type of contact between the
offender and therapist;
(ii) Specific issues to be addressed in the treatment and
description of planned treatment modalities;
(iii) Monitoring plans, including any requirements
regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions.
13.40.160
[Title 13 RCW—page 93]
13.40.160
Title 13 RCW: Juvenile Courts and Juvenile Offenders
The court on its own motion may order, or on a motion
by the state shall order, a second examination regarding the
offender’s amenability to treatment. The evaluator shall be
selected by the party making the motion. The defendant shall
pay the cost of any second examination ordered unless the
court finds the defendant to be indigent in which case the
state shall pay the cost.
After receipt of reports of the examination, the court
shall then consider whether the offender and the community
will benefit from use of this special sex offender disposition
alternative and consider the victim’s opinion whether the
offender should receive a treatment disposition under this
section. If the court determines that this special sex offender
disposition alternative is appropriate, then the court shall
impose a determinate disposition within the standard range
for the offense, or if the court concludes, and enters reasons
for its conclusions, that such disposition would cause a manifest injustice, the court shall impose a disposition under
option D, and the court may suspend the execution of the disposition and place the offender on community supervision for
at least two years. As a condition of the suspended disposition, the court may impose the conditions of community
supervision and other conditions, including up to thirty days
of confinement and requirements that the offender do any one
or more of the following:
(b)(i) Devote time to a specific education, employment,
or occupation;
(ii) Undergo available outpatient sex offender treatment
for up to two years, or inpatient sex offender treatment not to
exceed the standard range of confinement for that offense. A
community mental health center may not be used for such
treatment unless it has an appropriate program designed for
sex offender treatment. The respondent shall not change sex
offender treatment providers or treatment conditions without
first notifying the prosecutor, the probation counselor, and
the court, and shall not change providers without court
approval after a hearing if the prosecutor or probation counselor object to the change;
(iii) Remain within prescribed geographical boundaries
and notify the court or the probation counselor prior to any
change in the offender’s address, educational program, or
employment;
(iv) Report to the prosecutor and the probation counselor
prior to any change in a sex offender treatment provider. This
change shall have prior approval by the court;
(v) Report as directed to the court and a probation counselor;
(vi) Pay all court-ordered legal financial obligations, perform community restitution, or any combination thereof;
(vii) Make restitution to the victim for the cost of any
counseling reasonably related to the offense;
(viii) Comply with the conditions of any court-ordered
probation bond; or
(ix) The court shall order that the offender shall not
attend the public or approved private elementary, middle, or
high school attended by the victim or the victim’s siblings.
The parents or legal guardians of the offender are responsible
for transportation or other costs associated with the
offender’s change of school that would otherwise be paid by
the school district. The court shall send notice of the disposition and restriction on attending the same school as the victim
[Title 13 RCW—page 94]
or victim’s siblings to the public or approved private school
the juvenile will attend, if known, or if unknown, to the
approved private schools and the public school district board
of directors of the district in which the juvenile resides or
intends to reside. This notice must be sent at the earliest possible date but not later than ten calendar days after entry of
the disposition.
The sex offender treatment provider shall submit quarterly reports on the respondent’s progress in treatment to the
court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of
attendance, respondent’s compliance with requirements,
treatment activities, the respondent’s relative progress in
treatment, and any other material specified by the court at the
time of the disposition.
At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.
Except as provided in this subsection (3), after July 1,
1991, examinations and treatment ordered pursuant to this
subsection shall only be conducted by certified sex offender
treatment providers or certified affiliate sex offender treatment providers under chapter 18.155 RCW. A sex offender
therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the
department of health pursuant to chapter 18.155 RCW if the
court finds that: (A) The offender has already moved to
another state or plans to move to another state for reasons
other than circumventing the certification requirements; (B)
no certified sex offender treatment providers or certified
affiliate sex offender treatment providers are available for
treatment within a reasonable geographical distance of the
offender’s home; and (C) the evaluation and treatment plan
comply with this subsection (3) and the rules adopted by the
department of health.
If the offender violates any condition of the disposition
or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition or the court
may impose a penalty of up to thirty days’ confinement for
violating conditions of the disposition. The court may order
both execution of the disposition and up to thirty days’ confinement for the violation of the conditions of the disposition.
The court shall give credit for any confinement time previously served if that confinement was for the offense for
which the suspension is being revoked.
For purposes of this section, "victim" means any person
who has sustained emotional, psychological, physical, or
financial injury to person or property as a direct result of the
crime charged. "Victim" may also include a known parent or
guardian of a victim who is a minor child unless the parent or
guardian is the perpetrator of the offense.
A disposition entered under this subsection (3) is not
appealable under RCW 13.40.230.
(4) If the juvenile offender is subject to a standard range
disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court
may impose the disposition alternative under RCW
13.40.165.
(5) If a juvenile is subject to a commitment of 15 to 65
weeks of confinement, the court may impose the disposition
alternative under RCW 13.40.167.
(2010 Ed.)
Juvenile Justice Act of 1977
(6) When the offender is subject to a standard range
commitment of 15 to 36 weeks and is ineligible for a suspended disposition alternative, a manifest injustice disposition below the standard range, special sex offender disposition alternative, chemical dependency disposition alternative,
or mental health disposition alternative, the court in a county
with a pilot program under *RCW 13.40.169 may impose the
disposition alternative under *RCW 13.40.169.
(7) RCW 13.40.193 shall govern the disposition of any
juvenile adjudicated of possessing a firearm in violation of
RCW 9.41.040(2)(a)(iii) or any crime in which a special finding is entered that the juvenile was armed with a firearm.
(8) RCW 13.40.308 shall govern the disposition of any
juvenile adjudicated of theft of a motor vehicle as defined
under RCW 9A.56.065, possession of a stolen motor vehicle
as defined under RCW 9A.56.068, taking a motor vehicle
without permission in the first degree under RCW 9A.56.070,
and taking a motor vehicle without permission in the second
degree under RCW 9A.56.075.
(9) Whenever a juvenile offender is entitled to credit for
time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of
credit for time served.
(10) Except as provided under subsection (3), (4), (5), or
(6) of this section, or option B of RCW 13.40.0357, or RCW
13.40.127, the court shall not suspend or defer the imposition
or the execution of the disposition.
(11) In no case shall the term of confinement imposed by
the court at disposition exceed that to which an adult could be
subjected for the same offense. [2007 c 199 § 14. Prior:
2004 c 120 § 4; 2004 c 38 § 11; prior: 2003 c 378 § 3; 2003
c 53 § 99; 2002 c 175 § 22; 1999 c 91 § 2; prior: 1997 c 338
§ 25; 1997 c 265 § 1; 1995 c 395 § 7; 1994 sp.s. c 7 § 523;
1992 c 45 § 6; 1990 c 3 § 302; 1989 c 407 § 4; 1983 c 191 §
8; 1981 c 299 § 13; 1979 c 155 § 68; 1977 ex.s. c 291 § 70.]
*Reviser’s note: RCW 13.40.169 expired July 1, 2005.
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
Effective date—2004 c 120: See note following RCW 13.40.010.
Effective date—2004 c 38: See note following RCW 18.155.075.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
13.40.165 Chemical dependency disposition alternative. (1) The purpose of this disposition alternative is to
ensure that successful treatment options to reduce recidivism
are available to eligible youth, pursuant to RCW 70.96A.520.
The court must consider eligibility for the chemical dependency disposition alternative when a juvenile offender is subject to a standard range disposition of local sanctions or 15 to
36 weeks of confinement and has not committed an A- or B+
offense, other than a first time B+ offense under chapter
69.50 RCW. The court, on its own motion or the motion of
the state or the respondent if the evidence shows that the
offender may be chemically dependent or substance abusing,
13.40.165
(2010 Ed.)
13.40.165
may order an examination by a chemical dependency counselor from a chemical dependency treatment facility approved
under chapter 70.96A RCW to determine if the youth is
chemically dependent or substance abusing. The offender
shall pay the cost of any examination ordered under this subsection unless the court finds that the offender is indigent and
no third party insurance coverage is available, in which case
the state shall pay the cost.
(2) The report of the examination shall include at a minimum the following: The respondent’s version of the facts
and the official version of the facts, the respondent’s offense
history, an assessment of drug-alcohol problems and previous treatment attempts, the respondent’s social, educational,
and employment situation, and other evaluation measures
used. The report shall set forth the sources of the examiner’s
information.
(3) The examiner shall assess and report regarding the
respondent’s relative risk to the community. A proposed
treatment plan shall be provided and shall include, at a minimum:
(a) Whether inpatient and/or outpatient treatment is recommended;
(b) Availability of appropriate treatment;
(c) Monitoring plans, including any requirements
regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;
(d) Anticipated length of treatment; and
(e) Recommended crime-related prohibitions.
(4) The court on its own motion may order, or on a
motion by the state or the respondent shall order, a second
examination. The evaluator shall be selected by the party
making the motion. The requesting party shall pay the cost of
any examination ordered under this subsection unless the
requesting party is the offender and the court finds that the
offender is indigent and no third party insurance coverage is
available, in which case the state shall pay the cost.
(5)(a) After receipt of reports of the examination, the
court shall then consider whether the offender and the community will benefit from use of this chemical dependency
disposition alternative and consider the victim’s opinion
whether the offender should receive a treatment disposition
under this section.
(b) If the court determines that this chemical dependency
disposition alternative is appropriate, then the court shall
impose the standard range for the offense, or if the court concludes, and enters reasons for its conclusion, that such disposition would effectuate a manifest injustice, the court shall
impose a disposition above the standard range as indicated in
option D of RCW 13.40.0357 if the disposition is an increase
from the standard range and the confinement of the offender
does not exceed a maximum of fifty-two weeks, suspend execution of the disposition, and place the offender on community supervision for up to one year. As a condition of the suspended disposition, the court shall require the offender to
undergo available outpatient drug/alcohol treatment and/or
inpatient drug/alcohol treatment. For purposes of this section, inpatient treatment may not exceed ninety days. As a
condition of the suspended disposition, the court may impose
conditions of community supervision and other sanctions,
including up to thirty days of confinement, one hundred fifty
[Title 13 RCW—page 95]
13.40.167
Title 13 RCW: Juvenile Courts and Juvenile Offenders
hours of community restitution, and payment of legal financial obligations and restitution.
(6) The drug/alcohol treatment provider shall submit
monthly reports on the respondent’s progress in treatment to
the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of
attendance, respondent’s compliance with requirements,
treatment activities, the respondent’s relative progress in
treatment, and any other material specified by the court at the
time of the disposition.
At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.
If the offender violates any condition of the disposition
or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may impose sanctions
pursuant to RCW 13.40.200 or revoke the suspension and
order execution of the disposition. The court shall give credit
for any confinement time previously served if that confinement was for the offense for which the suspension is being
revoked.
(7) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or
financial injury to person or property as a direct result of the
offense charged. "Victim" may also include a known parent
or guardian of a victim who is a minor child or is not a minor
child but is incapacitated, incompetent, disabled, or deceased.
(8) Whenever a juvenile offender is entitled to credit for
time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of
credit for time served.
(9) In no case shall the term of confinement imposed by
the court at disposition exceed that to which an adult could be
subjected for the same offense.
(10) A disposition under this section is not appealable
under RCW 13.40.230. [2004 c 120 § 5; 2003 c 378 § 6.
Prior: 2002 c 175 § 23; 2002 c 42 § 1; 2001 c 164 § 1; 1997
c 338 § 26.]
Effective date—2004 c 120: See note following RCW 13.40.010.
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.167 Mental health disposition alternative. (1)
When an offender is subject to a standard range disposition
involving confinement by the department, the court may:
(a) Impose the standard range; or
(b) Suspend the standard range disposition on condition
that the offender complies with the terms of this mental
health disposition alternative.
(2) The court may impose this disposition alternative
when the court finds the following:
(a) The offender has a current diagnosis, consistent with
the American psychiatry association diagnostic and statistical
manual of mental disorders, of axis I psychiatric disorder,
excluding youth that are diagnosed as solely having a conduct disorder, oppositional defiant disorder, substance abuse
disorder, paraphilia, or pedophilia;
(b) An appropriate treatment option is available in the
local community;
13.40.167
[Title 13 RCW—page 96]
(c) The plan for the offender identifies and addresses
requirements for successful participation and completion of
the treatment intervention program including: Incentives and
graduated sanctions designed specifically for amenable
youth, including the use of detention, detoxication, and inpatient or outpatient substance abuse treatment and psychiatric hospitalization, and structured community support consisting of mental health providers, probation, educational and
vocational advocates, child welfare services, and family and
community support. For any mental health treatment ordered
for an offender under this section, the treatment option
selected shall be chosen from among programs which have
been successful in addressing mental health needs of juveniles and successful in mental health treatment of juveniles
and identified as research-based best practice programs. A
list of programs which meet these criteria shall be agreed
upon by: The Washington association of juvenile court
administrators, the juvenile rehabilitation administration of
the department of social and health services, a representative
of the division of public behavioral health and justice policy
at the University of Washington, and the Washington institute for public policy. The list of programs shall be created
not later than July 1, 2003. The group shall provide the list to
all superior courts, its own membership, the legislature, and
the governor. The group shall meet annually and revise the
list as appropriate; and
(d) The offender, offender’s family, and community will
benefit from use of the mental health disposition alternative.
(3) The court on its own motion may order, or on motion
by either party, shall order a comprehensive mental health
evaluation to determine if the offender has a designated mental disorder. The court may also order a chemical dependency evaluation to determine if the offender also has a cooccurring chemical dependency disorder. The evaluation
shall include at a minimum the following: The offender’s
version of the facts and the official version of the facts, the
offender’s offense, an assessment of the offender’s mental
health and drug-alcohol problems and previous treatment
attempts, and the offender’s social, criminal, educational, and
employment history and living situation.
(4) The evaluator shall determine if the offender is amenable to research-based treatment. A proposed case management and treatment plan shall include at a minimum:
(a) The availability of treatment;
(b) Anticipated length of treatment;
(c) Whether one or more treatment interventions are proposed and the anticipated sequence of those treatment interventions;
(d) The education plan;
(e) The residential plan; and
(f) The monitoring plan.
(5) The court on its own motion may order, or on motion
by either party, shall order a second mental health or chemical dependency evaluation. The party making the motion
shall select the evaluator. The requesting party shall pay the
cost of any examination ordered under this subsection and
subsection (3) of this section unless the court finds the
offender is indigent and no third party insurance coverage is
available, in which case the state shall pay the cost.
(6) Upon receipt of the assessments, evaluations, and
reports the court shall consider whether the offender and the
(2010 Ed.)
Juvenile Justice Act of 1977
community will benefit from use of the mental health disposition alternative. The court shall consider the victim’s opinion whether the offender should receive the option.
(7) If the court determines that the mental health disposition alternative is appropriate, the court shall impose a standard range disposition, suspend execution of the disposition,
and place the offender on community supervision up to one
year and impose one or more other local sanctions. Confinement in a secure county detention facility, other than county
group homes, inpatient psychiatric treatment facilities, and
substance abuse programs, shall be limited to thirty days. As
a condition of a suspended disposition, the court shall require
the offender to participate in the recommended treatment
interventions.
(8) The treatment providers shall submit monthly reports
to the court and parties on the offender’s progress in treatment. The report shall reference the treatment plan and
include at a minimum the following: Dates of attendance,
offender’s compliance with requirements, treatment activities, medication management, the offender’s relative
progress in treatment, and any other material specified by the
court at the time of the disposition.
(9) If the offender fails to comply with the suspended
disposition, the court may impose sanctions pursuant to
RCW 13.40.200 or may revoke the suspended disposition
and order the disposition’s execution.
(10) An offender is ineligible for the mental health disposition option under this section if:
(a) The offender is ordered to serve a disposition for a
firearm violation under RCW 13.40.193; or
(b) The offense for which the disposition is being considered is:
(i) An offense category A+, A, or A- offense, or an
attempt, conspiracy, or solicitation to commit a class A+, A,
or A- offense;
(ii) Manslaughter in the second degree (RCW
9A.32.070);
(iii) A sex offense as defined in RCW 9.94A.030; or
(iv) Any offense category B+ or B offense, when the
offense includes infliction of bodily harm upon another or
when during the commission or immediate withdrawal from
the offense the respondent was armed with a deadly weapon.
(11) Subject to funds appropriated for this specific purpose, the costs incurred by the juvenile courts for the mental
health and chemical dependency evaluations, treatment, and
costs of supervision required under this section shall be paid
by the department’s juvenile rehabilitation administration.
[2005 c 508 § 1; 2003 c 378 § 4.]
13.40.180 Disposition order—Consecutive terms
when two or more offenses—Limitations. Where a disposition is imposed on a youth for two or more offenses, the
terms shall run consecutively, subject to the following limitations:
(1) Where the offenses were committed through a single
act or omission, omission, or through an act or omission
which in itself constituted one of the offenses and also was an
element of the other, the aggregate of all the terms shall not
exceed one hundred fifty percent of the term imposed for the
most serious offense;
13.40.180
(2010 Ed.)
13.40.190
(2) The aggregate of all consecutive terms shall not
exceed three hundred percent of the term imposed for the
most serious offense; and
(3) The aggregate of all consecutive terms of community
supervision shall not exceed two years in length, or require
payment of more than two hundred dollars in fines or the performance of more than two hundred hours of community restitution. [2002 c 175 § 24; 1981 c 299 § 14; 1977 ex.s. c 291
§ 72.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Additional notes found at www.leg.wa.gov
13.40.185 Disposition order—Confinement under
departmental supervision or in juvenile facility, when. (1)
Any term of confinement imposed for an offense which
exceeds thirty days shall be served under the supervision of
the department. If the period of confinement imposed for
more than one offense exceeds thirty days but the term
imposed for each offense is less than thirty days, the confinement may, in the discretion of the court, be served in a juvenile facility operated by or pursuant to a contract with the
state or a county.
(2) Whenever a juvenile is confined in a detention facility or is committed to the department, the court may not
directly order a juvenile into a particular county or state facility. The juvenile court administrator and the secretary, assistant secretary, or the secretary’s designee, as appropriate, has
the sole discretion to determine in which facility a juvenile
should be confined or committed. The counties may operate
a variety of detention facilities as determined by the county
legislative authority subject to available funds. [1994 sp.s. c
7 § 524; 1981 c 299 § 15.]
13.40.185
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
13.40.190 Disposition order—Restitution for loss or
damage—Modification of restitution order. (1)(a) In its
dispositional order, the court shall require the respondent to
make restitution to any persons who have suffered loss or
damage as a result of the offense committed by the respondent. In addition, restitution may be ordered for loss or damage if the offender pleads guilty to a lesser offense or fewer
offenses and agrees with the prosecutor’s recommendation
that the offender be required to pay restitution to a victim of
an offense or offenses which, pursuant to a plea agreement,
are not prosecuted.
(b) Restitution may include the costs of counseling reasonably related to the offense.
(c) The payment of restitution shall be in addition to any
punishment which is imposed pursuant to the other provisions of this chapter.
(d) The court may determine the amount, terms, and conditions of the restitution including a payment plan extending
up to ten years if the court determines that the respondent
does not have the means to make full restitution over a
shorter period. For the purposes of this section, the respondent shall remain under the court’s jurisdiction for a maximum term of ten years after the respondent’s eighteenth
birthday and, during this period, the restitution portion of the
dispositional order may be modified as to amount, terms, and
13.40.190
[Title 13 RCW—page 97]
13.40.192
Title 13 RCW: Juvenile Courts and Juvenile Offenders
conditions at any time. Prior to the expiration of the ten-year
period, the juvenile court may extend the judgment for the
payment of restitution for an additional ten years. If the court
grants a respondent’s petition pursuant to RCW
13.50.050(11), the court’s jurisdiction under this subsection
shall terminate.
(e) Nothing in this section shall prevent a respondent
from petitioning the court pursuant to RCW 13.50.050(11) if
the respondent has paid the full restitution amount stated in
the court’s order and has met the statutory criteria.
(f) If the respondent participated in the crime with
another person or other persons, all such participants shall be
jointly and severally responsible for the payment of restitution.
(g) At any time, the court may determine that the respondent is not required to pay, or may relieve the respondent of
the requirement to pay, full or partial restitution to any insurance provider authorized under Title 48 RCW if the respondent reasonably satisfies the court that he or she does not
have the means to make full or partial restitution to the insurance provider and could not reasonably acquire the means to
pay the insurance provider the restitution over a ten-year
period.
(2) Regardless of the provisions of subsection (1) of this
section, the court shall order restitution in all cases where the
victim is entitled to benefits under the crime victims’ compensation act, chapter 7.68 RCW. If the court does not order
restitution and the victim of the crime has been determined to
be entitled to benefits under the crime victims’ compensation
act, the department of labor and industries, as administrator
of the crime victims’ compensation program, may petition
the court within one year of entry of the disposition order for
entry of a restitution order. Upon receipt of a petition from
the department of labor and industries, the court shall hold a
restitution hearing and shall enter a restitution order.
(3) If an order includes restitution as one of the monetary
assessments, the county clerk shall make disbursements to
victims named in the order. The restitution to victims named
in the order shall be paid prior to any payment for other penalties or monetary assessments.
(4) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or
financial injury to person or property as a direct result of the
offense charged. "Victim" may also include a known parent
or guardian of a victim who is a minor child or is not a minor
child but is incapacitated, incompetent, disabled, or deceased.
(5) A respondent under obligation to pay restitution may
petition the court for modification of the restitution order.
[2010 c 134 § 1; 2004 c 120 § 6. Prior: 1997 c 338 § 29; 1997
c 121 § 9; 1996 c 124 § 2; 1995 c 33 § 5; 1994 sp.s. c 7 § 528;
1987 c 281 § 5; 1985 c 257 § 2; 1983 c 191 § 9; 1979 c 155 §
69; 1977 ex.s. c 291 § 73.]
conclusion of juvenile court jurisdiction—Extension of
judgment. If a juvenile is ordered to pay legal financial obligations, including fines, penalty assessments, attorneys’ fees,
court costs, and restitution, the money judgment remains
enforceable for a period of ten years. When the juvenile
reaches the age of eighteen years or at the conclusion of juvenile court jurisdiction, whichever occurs later, the superior
court clerk must docket the remaining balance of the juvenile’s legal financial obligations in the same manner as other
judgments for the payment of money. The judgment remains
valid and enforceable until ten years from the date of its
imposition. The clerk of the superior court may seek extension of the judgment for legal financial obligations, including
crime victims’ assessments, in the same manner as RCW
6.17.020 for purposes of collection as allowed under RCW
36.18.190. [1997 c 121 § 7.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
13.40.193 Firearms—Length of confinement. (1) If a
respondent is found to have been in possession of a firearm in
violation of RCW 9.41.040(2)(a)(iii), the court shall impose a
minimum disposition of ten days of confinement. If the
offender’s standard range of disposition for the offense as
indicated in RCW 13.40.0357 is more than thirty days of confinement, the court shall commit the offender to the department for the standard range disposition. The offender shall
not be released until the offender has served a minimum of
ten days in confinement.
(2) If the court finds that the respondent or an accomplice was armed with a firearm, the court shall determine the
standard range disposition for the offense pursuant to RCW
13.40.160. If the offender or an accomplice was armed with
a firearm when the offender committed any felony other than
possession of a machine gun, possession of a stolen firearm,
drive-by shooting, theft of a firearm, unlawful possession of
a firearm in the first and second degree, or use of a machine
gun in a felony, the following periods of total confinement
must be added to the sentence: For a class A felony, six
months; for a class B felony, four months; and for a class C
felony, two months. The additional time shall be imposed
regardless of the offense’s juvenile disposition offense category as designated in RCW 13.40.0357.
(3) When a disposition under this section would effectuate a manifest injustice, the court may impose another disposition. When a judge finds a manifest injustice and imposes
a disposition of confinement exceeding thirty days, the court
shall commit the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the
range. When a judge finds a manifest injustice and imposes
a disposition of confinement less than thirty days, the disposition shall be comprised of confinement or community
supervision or both.
(4) Any term of confinement ordered pursuant to this
section shall run consecutively to any term of confinement
imposed in the same disposition for other offenses. [2003 c
53 § 100; 1997 c 338 § 30; 1994 sp.s. c 7 § 525.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2004 c 120: See note following RCW 13.40.010.
Additional notes found at www.leg.wa.gov
13.40.192 Legal financial obligations—Enforceability—Treatment of obligations upon age of eighteen or
13.40.193
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
13.40.192
[Title 13 RCW—page 98]
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
(2010 Ed.)
Juvenile Justice Act of 1977
Additional notes found at www.leg.wa.gov
13.40.196
13.40.196 Firearms—Special allegation. A prosecutor may file a special allegation that the offender or an
accomplice was armed with a firearm when the offender
committed the alleged offense. If a special allegation has
been filed and the court finds that the offender committed the
alleged offense, the court shall also make a finding whether
the offender or an accomplice was armed with a firearm when
the offender committed the offense. [1994 sp.s. c 7 § 526.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
13.40.198
13.40.198 Penalty assessments—Jurisdiction of
court. If a respondent is ordered to pay a penalty assessment
pursuant to a dispositional order entered under this chapter,
he or she shall remain under the court’s jurisdiction for a
maximum term of ten years after the respondent’s eighteenth
birthday. Prior to the expiration of the ten-year period, the
juvenile court may extend the judgment for the payment of a
penalty assessment for an additional ten years. [2000 c 71 §
1.]
Effective date—2000 c 71: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 22, 2000]." [2000 c 71 § 4.]
13.40.200
13.40.200 Violation of order of restitution, community supervision, fines, penalty assessments, or confinement—Modification of order after hearing—Scope—
Rights—Use of fines. (1) When a respondent fails to comply
with an order of restitution, community supervision, penalty
assessments, or confinement of less than thirty days, the court
upon motion of the prosecutor or its own motion, may modify
the order after a hearing on the violation.
(2) The hearing shall afford the respondent the same due
process of law as would be afforded an adult probationer.
The court may issue a summons or a warrant to compel the
respondent’s appearance. The state shall have the burden of
proving by a preponderance of the evidence the fact of the
violation. The respondent shall have the burden of showing
that the violation was not a willful refusal to comply with the
terms of the order. If a respondent has failed to pay a fine,
penalty assessments, or restitution or to perform community
restitution hours, as required by the court, it shall be the
respondent’s burden to show that he or she did not have the
means and could not reasonably have acquired the means to
pay the fine, penalty assessments, or restitution or perform
community restitution.
(3) If the court finds that a respondent has willfully violated the terms of an order pursuant to subsections (1) and (2)
of this section, it may impose a penalty of up to thirty days’
confinement. Penalties for multiple violations occurring
prior to the hearing shall not be aggregated to exceed thirty
days’ confinement. Regardless of the number of times a
respondent is brought to court for violations of the terms of a
single disposition order, the combined total number of days
spent by the respondent in detention shall never exceed the
maximum term to which an adult could be sentenced for the
underlying offense.
(2010 Ed.)
13.40.205
(4) If a respondent has been ordered to pay a fine or monetary penalty and due to a change of circumstance cannot reasonably comply with the order, the court, upon motion of the
respondent, may order that the unpaid fine or monetary penalty be converted to community restitution unless the monetary penalty is the crime victim penalty assessment, which
cannot be converted, waived, or otherwise modified, except
for schedule of payment. The number of hours of community
restitution in lieu of a monetary penalty or fine shall be converted at the rate of the prevailing state minimum wage per
hour. The monetary penalties or fines collected shall be
deposited in the county general fund. A failure to comply
with an order under this subsection shall be deemed a failure
to comply with an order of community supervision and may
be proceeded against as provided in this section.
(5) When a respondent has willfully violated the terms of
a probation bond, the court may modify, revoke, or retain the
probation bond as provided in RCW 13.40.054. [2004 c 120
§ 7; 2002 c 175 § 25; 1997 c 338 § 31; 1995 c 395 § 8; 1986
c 288 § 5; 1983 c 191 § 15; 1979 c 155 § 70; 1977 ex.s. c 291
§ 74.]
Effective date—2004 c 120: See note following RCW 13.40.010.
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.205 Release from physical custody, when—
Authorized leaves—Leave plan and order—Notice. (1) A
juvenile sentenced to a term of confinement to be served
under the supervision of the department shall not be released
from the physical custody of the department prior to the
release date established under RCW 13.40.210 except as otherwise provided in this section.
(2) A juvenile serving a term of confinement under the
supervision of the department may be released on authorized
leave from the physical custody of the department only if
consistent with public safety and if:
(a) Sixty percent of the minimum term of confinement
has been served; and
(b) The purpose of the leave is to enable the juvenile:
(i) To visit the juvenile’s family for the purpose of
strengthening or preserving family relationships;
(ii) To make plans for parole or release which require the
juvenile’s personal appearance in the community and which
will facilitate the juvenile’s reintegration into the community;
or
(iii) To make plans for a residential placement out of the
juvenile’s home which requires the juvenile’s personal
appearance in the community.
(3) No authorized leave may exceed seven consecutive
days. The total of all pre-minimum term authorized leaves
granted to a juvenile prior to final discharge from confinement shall not exceed thirty days.
(4) Prior to authorizing a leave, the secretary shall
require a written leave plan, which shall detail the purpose of
the leave and how it is to be achieved, the address at which
the juvenile shall reside, the identity of the person responsible
for supervising the juvenile during the leave, and a statement
by such person acknowledging familiarity with the leave plan
13.40.205
[Title 13 RCW—page 99]
13.40.210
Title 13 RCW: Juvenile Courts and Juvenile Offenders
and agreeing to supervise the juvenile and to notify the secretary immediately if the juvenile violates any terms or conditions of the leave. The leave plan shall include such terms and
conditions as the secretary deems appropriate and shall be
signed by the juvenile.
(5) Upon authorizing a leave, the secretary shall issue to
the juvenile an authorized leave order which shall contain the
name of the juvenile, the fact that the juvenile is on leave
from a designated facility, the time period of the leave, and
the identity of an appropriate official of the department to
contact when necessary. The authorized leave order shall be
carried by the juvenile at all times while on leave.
(6) Prior to the commencement of any authorized leave,
the secretary shall give notice of the leave to the appropriate
law enforcement agency in the jurisdiction in which the juvenile will reside during the leave period. The notice shall
include the identity of the juvenile, the time period of the
leave, the residence of the juvenile during the leave, and the
identity of the person responsible for supervising the juvenile
during the leave.
(7) The secretary may authorize a leave, which shall not
exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a member
of the juvenile’s family. The secretary may authorize a leave,
which shall not exceed the period of time medically necessary, to obtain medical care not available in a juvenile facility
maintained by the department. In cases of emergency or medical leave the secretary may waive all or any portions of subsections (2)(a), (3), (4), (5), and (6) of this section.
(8) If requested by the juvenile’s victim or the victim’s
immediate family, the secretary shall give notice of any leave
to the victim or the victim’s immediate family.
(9) A juvenile who violates any condition of an authorized leave plan may be taken into custody and returned to the
department in the same manner as an adult in identical circumstances.
(10) Notwithstanding the provisions of this section, a
juvenile placed in minimum security status may participate in
work, educational, community restitution, or treatment programs in the community up to twelve hours a day if approved
by the secretary. Such a release shall not be deemed a leave
of absence.
(11) Subsections (6), (7), and (8) of this section do not
apply to juveniles covered by RCW 13.40.215. [2002 c 175
§ 26; 1990 c 3 § 103; 1983 c 191 § 10.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Additional notes found at www.leg.wa.gov
13.40.210 Setting of release date—Administrative
release authorized, when—Parole program, revocation or
modification of, scope—Intensive supervision program—
Parole officer’s right of arrest. (1) The secretary shall set a
release date for each juvenile committed to its custody. The
release date shall be within the prescribed range to which a
juvenile has been committed under RCW 13.40.0357 or
13.40.030 except as provided in RCW 13.40.320 concerning
offenders the department determines are eligible for the juvenile offender basic training camp program. Such dates shall
be determined prior to the expiration of sixty percent of a
juvenile’s minimum term of confinement included within the
13.40.210
[Title 13 RCW—page 100]
prescribed range to which the juvenile has been committed.
The secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the
juvenile’s release date or on the release date set under this
chapter. Days spent in the custody of the department shall be
tolled by any period of time during which a juvenile has
absented himself or herself from the department’s supervision without the prior approval of the secretary or the secretary’s designee.
(2) The secretary shall monitor the average daily population of the state’s juvenile residential facilities. When the
secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated
bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary
may recommend reductions to the governor. On certification
by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a
sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity. The secretary shall release those offenders who have served the greatest proportion of their sentence. However, the secretary may
deny release in a particular case at the request of an offender,
or if the secretary finds that there is no responsible custodian,
as determined by the department, to whom to release the
offender, or if the release of the offender would pose a clear
danger to society. The department shall notify the committing court of the release at the time of release if any such early
releases have occurred as a result of excessive in-residence
population. In no event shall an offender adjudicated of a
violent offense be granted release under the provisions of this
subsection.
(3)(a) Following the release of any juvenile under subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by
the department in his or her community which shall last no
longer than eighteen months, except that in the case of a juvenile sentenced for rape in the first or second degree, rape of a
child in the first or second degree, child molestation in the
first degree, or indecent liberties with forcible compulsion,
the period of parole shall be twenty-four months and, in the
discretion of the secretary, may be up to thirty-six months
when the secretary finds that an additional period of parole is
necessary and appropriate in the interests of public safety or
to meet the ongoing needs of the juvenile. A parole program
is mandatory for offenders released under subsection (2) of
this section and for offenders who receive a juvenile residential commitment sentence of theft of a motor vehicle, possession of a stolen motor vehicle, or taking a motor vehicle without permission 1. The decision to place an offender on parole
shall be based on an assessment by the department of the
offender’s risk for reoffending upon release. The department
shall prioritize available parole resources to provide supervision and services to offenders at moderate to high risk for
reoffending.
(b) The secretary shall, for the period of parole, facilitate
the juvenile’s reintegration into his or her community and to
further this goal shall require the juvenile to refrain from possessing a firearm or using a deadly weapon and refrain from
committing new offenses and may require the juvenile to: (i)
Undergo available medical, psychiatric, drug and alcohol,
(2010 Ed.)
Juvenile Justice Act of 1977
sex offender, mental health, and other offense-related treatment services; (ii) report as directed to a parole officer and/or
designee; (iii) pursue a course of study, vocational training,
or employment; (iv) notify the parole officer of the current
address where he or she resides; (v) be present at a particular
address during specified hours; (vi) remain within prescribed
geographical boundaries; (vii) submit to electronic monitoring; (viii) refrain from using illegal drugs and alcohol, and
submit to random urinalysis when requested by the assigned
parole officer; (ix) refrain from contact with specific individuals or a specified class of individuals; (x) meet other conditions determined by the parole officer to further enhance the
juvenile’s reintegration into the community; (xi) pay any
court-ordered fines or restitution; and (xii) perform community restitution. Community restitution for the purpose of this
section means compulsory service, without compensation,
performed for the benefit of the community by the offender.
Community restitution may be performed through public or
private organizations or through work crews.
(c) The secretary may further require up to twenty-five
percent of the highest risk juvenile offenders who are placed
on parole to participate in an intensive supervision program.
Offenders participating in an intensive supervision program
shall be required to comply with all terms and conditions
listed in (b) of this subsection and shall also be required to
comply with the following additional terms and conditions:
(i) Obey all laws and refrain from any conduct that threatens
public safety; (ii) report at least once a week to an assigned
community case manager; and (iii) meet all other requirements imposed by the community case manager related to
participating in the intensive supervision program. As a part
of the intensive supervision program, the secretary may
require day reporting.
(d) After termination of the parole period, the juvenile
shall be discharged from the department’s supervision.
(4)(a) The department may also modify parole for violation thereof. If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile
were an adult, the secretary finds that a juvenile has violated
a condition of his or her parole, the secretary shall order one
of the following which is reasonably likely to effectuate the
purpose of the parole and to protect the public: (i) Continued
supervision under the same conditions previously imposed;
(ii) intensified supervision with increased reporting requirements; (iii) additional conditions of supervision authorized
by this chapter; (iv) except as provided in (a)(v) and (vi) of
this subsection, imposition of a period of confinement not to
exceed thirty days in a facility operated by or pursuant to a
contract with the state of Washington or any city or county
for a portion of each day or for a certain number of days each
week with the balance of the days or weeks spent under
supervision; (v) the secretary may order any of the conditions
or may return the offender to confinement for the remainder
of the sentence range if the offense for which the offender
was sentenced is rape in the first or second degree, rape of a
child in the first or second degree, child molestation in the
first degree, indecent liberties with forcible compulsion, or a
sex offense that is also a serious violent offense as defined by
RCW 9.94A.030; and (vi) the secretary may order any of the
conditions or may return the offender to confinement for the
remainder of the sentence range if the youth has completed
(2010 Ed.)
13.40.210
the basic training camp program as described in RCW
13.40.320.
(b) The secretary may modify parole and order any of the
conditions or may return the offender to confinement for up
to twenty-four weeks if the offender was sentenced for a sex
offense as defined under *RCW 9A.44.130 and is known to
have violated the terms of parole. Confinement beyond thirty
days is intended to only be used for a small and limited number of sex offenders. It shall only be used when other graduated sanctions or interventions have not been effective or the
behavior is so egregious it warrants the use of the higher level
intervention and the violation: (i) Is a known pattern of
behavior consistent with a previous sex offense that puts the
youth at high risk for reoffending sexually; (ii) consists of
sexual behavior that is determined to be predatory as defined
in RCW 71.09.020; or (iii) requires a review under chapter
71.09 RCW, due to a recent overt act. The total number of
days of confinement for violations of parole conditions during the parole period shall not exceed the number of days provided by the maximum sentence imposed by the disposition
for the underlying offense pursuant to RCW 13.40.0357. The
department shall not aggregate multiple parole violations that
occur prior to the parole revocation hearing and impose consecutive twenty-four week periods of confinement for each
parole violation. The department is authorized to engage in
rule making pursuant to chapter 34.05 RCW, to implement
this subsection, including narrowly defining the behaviors
that could lead to this higher level intervention.
(c) If the department finds that any juvenile in a program
of parole has possessed a firearm or used a deadly weapon
during the program of parole, the department shall modify the
parole under (a) of this subsection and confine the juvenile
for at least thirty days. Confinement shall be in a facility
operated by or pursuant to a contract with the state or any
county.
(5) A parole officer of the department of social and
health services shall have the power to arrest a juvenile under
his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest the person.
(6) If so requested and approved under chapter 13.06
RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of
this section. [2009 c 187 § 1. Prior: 2007 c 203 § 1; 2007 c
199 § 13; 2002 c 175 § 27; prior: 2001 c 137 § 2; 2001 c 51
§ 1; 1997 c 338 § 32; 1994 sp.s. c 7 § 527; 1990 c 3 § 304;
1987 c 505 § 4; 1985 c 287 § 1; 1985 c 257 § 4; 1983 c 191 §
11; 1979 c 155 § 71; 1977 ex.s. c 291 § 75.]
*Reviser’s note: RCW 9A.44.130 was amended by 2010 c 267 § 2,
removing the definition of "sex offense" and "kidnapping offense." Those
terms are now defined in RCW 9A.44.128.
Applicability—2007 c 203: "This act applies prospectively only and
not retroactively. It applies only to juvenile offenders who have been adjudicated for an offense that occurred on or after October 1, 2007." [2007 c
203 § 2.]
Effective date—2007 c 203: "This act takes effect October 1, 2007."
[2007 c 203 § 3.]
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective date—2001 c 51: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov[Title 13 RCW—page 101]
13.40.212
Title 13 RCW: Juvenile Courts and Juvenile Offenders
ernment and its existing public institutions, and takes effect immediately
[April 17, 2001]." [2001 c 51 § 2.]
Findings—Intent—1997 c 338 §§ 32 and 34: See note following
RCW 13.40.212.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Finding—Intent—Severability—Effective dates—Contingent expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Intent—1985 c 257 § 4: "To promote both public safety and the welfare of juvenile offenders, it is the intent of the legislature that services to
juvenile offenders be delivered in the most effective and efficient means possible. Section 4 of this act facilitates those objectives by permitting counties
to supervise parole of juvenile offenders. This is consistent with the philosophy of chapter 13.06 RCW to deliver community services to juvenile
offenders comprehensively at the county level." [1985 c 257 § 3.]
Additional notes found at www.leg.wa.gov
13.40.212 Intensive supervision program—Elements—Report. (1) The department shall, no later than January 1, 1999, implement an intensive supervision program as
a part of its parole services that includes, at a minimum, the
following program elements:
(a) A process of case management involving coordinated
and comprehensive planning, information exchange, continuity and consistency, service provision and referral, and monitoring. The components of the case management system
shall include assessment, classification, and selection criteria; individual case planning that incorporates a family and
community perspective; a mixture of intensive surveillance
and services; a balance of incentives and graduated consequences coupled with the imposition of realistic, enforceable
conditions; and service brokerage with community resources
and linkage with social networks;
(b) Administration of transition services that transcend
traditional agency boundaries and professional interests and
include courts, institutions, aftercare, education, social and
mental health services, substance abuse treatment, and
employment and vocational training; and
(c) A plan for information management and program
evaluation that maintains close oversight over implementation and quality control, and determines the effectiveness of
both the processes and outcomes of the program.
(2) The department shall report annually to the legislature, beginning December 1, 1999, on the department’s
progress in meeting the intensive supervision program evaluation goals required under subsection (1)(c) of this section.
[1997 c 338 § 34.]
13.40.212
Findings—Intent—1997 c 338 §§ 32 and 34: "The legislature finds
the present system of transitioning youths from residential status to parole
status to discharge is insufficient to provide adequate rehabilitation and public safety in many instances, particularly in cases of offenders at highest risk
of reoffending. The legislature further finds that an intensive supervision
program based on the following principles holds much promise for positively impacting recidivism rates for juvenile offenders: (1) Progressive
increase in responsibility and freedom in the community; (2) facilitation of
youths’ interaction and involvement with their communities; (3) involvement of both the youth and targeted community support systems such as
family, peers, schools, and employers, on the qualities needed for constructive interaction and successful adjustment with the community; (4) development of new resources, supports, and opportunities where necessary; and (5)
ongoing monitoring and testing of youth on their ability to abide by community rules and standards.
The legislature intends for the department to create an intensive supervision program based on the principles stated in this section that will be
available to the highest risk juvenile offenders placed on parole." [1997 c
338 § 33.]
[Title 13 RCW—page 102]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.213 Juveniles alleged to have committed
offenses of prostitution or prostitution loitering—Diversion. (1) When a juvenile is alleged to have committed the
offenses of prostitution or prostitution loitering, and the allegation, if proved, would not be the juvenile’s first offense, a
prosecutor may divert the offense if the county in which the
offense is alleged to have been committed has a comprehensive program that provides:
(a) Safe and stable housing;
(b) Comprehensive on-site case management;
(c) Integrated mental health and chemical dependency
services, including specialized trauma recovery services;
(d) Education and employment training delivered onsite; and
(e) Referrals to off-site specialized services, as appropriate.
(2) A prosecutor may divert a case for prostitution or
prostitution loitering into the comprehensive program
described in this section, notwithstanding the filing criteria
set forth in RCW 13.40.070(5).
(3) A diversion agreement under this section may extend
to twelve months.
(4)(a) The administrative office of the courts shall compile data regarding:
(i) The number of juveniles whose cases are diverted into
the comprehensive program described in this section;
(ii) Whether the juveniles complete their diversion
agreements under this section; and
(iii) Whether juveniles whose cases have been diverted
under this section have been subsequently arrested or committed subsequent offenses.
(b) An annual report of the data compiled shall be provided to the governor and the appropriate committee of the
legislature. The first report is due by November 1, 2010.
[2010 c 289 § 8; 2009 c 252 § 2.]
13.40.213
Findings—2009 c 252: "The legislature finds that juveniles involved in
the commercial sex trade are sexually exploited and that they face extreme
threats to their physical and emotional well-being. In order to help them
break out of the isolation, fear, and danger of the commercial sex trade and
to assist them in their recovery from the resulting mental and physical harm
and in the development of skills that will allow them to become independent
and achieve long-term security, these juveniles are in critical need of comprehensive services, including housing, mental health counseling, education,
employment, chemical dependency treatment, and skill building. The legislature further finds that a diversion program to provide these comprehensive
services, working within existing resources in the counties which prosecute
juveniles for prostitution and prostitution loitering, may be an appropriate
alternative to the prosecution of juveniles involved in the commercial sex
trade." [2009 c 252 § 1.]
13.40.215 Juveniles found to have committed violent
or sex offense or stalking—Notification of discharge,
parole, leave, release, transfer, or escape—To whom
given—School attendance—Definitions. (1)(a) Except as
provided in subsection (2) of this section, at the earliest possible date, and in no event later than thirty days before discharge, parole, or any other authorized leave or release, or
before transfer to a community residential facility, the secretary shall send written notice of the discharge, parole, autho13.40.215
(2010 Ed.)
Juvenile Justice Act of 1977
rized leave or release, or transfer of a juvenile found to have
committed a violent offense, a sex offense, or stalking, to the
following:
(i) The chief of police of the city, if any, in which the
juvenile will reside;
(ii) The sheriff of the county in which the juvenile will
reside; and
(iii) The approved private schools and the common
school district board of directors of the district in which the
juvenile intends to reside or the approved private school or
public school district in which the juvenile last attended
school, whichever is appropriate, except when it has been
determined by the department that the juvenile is twenty-one
years old or will be in the community for less than seven consecutive days on approved leave and will not be attending
school during that time.
(b) After July 25, 1999, the department shall send a written notice to approved private and public schools under the
same conditions identified in subsection (1)(a)(iii) of this section when a juvenile adjudicated of any offense is transferred
to a community residential facility, discharged, paroled,
released, or granted a leave. The community residential facility shall provide written notice of the offender’s criminal history to any school that the offender attends while residing at
the community residential facility and to any employer that
employs the offender while residing at the community residential facility.
(c) The same notice as required by (a) of this subsection
shall be sent to the following, if such notice has been
requested in writing about a specific juvenile:
(i) The victim of the offense for which the juvenile was
found to have committed or the victim’s next of kin if the
crime was a homicide;
(ii) Any witnesses who testified against the juvenile in
any court proceedings involving the offense; and
(iii) Any person specified in writing by the prosecuting
attorney.
Information regarding victims, next of kin, or witnesses
requesting the notice, information regarding any other person
specified in writing by the prosecuting attorney to receive the
notice, and the notice are confidential and shall not be available to the juvenile. The notice to the chief of police or the
sheriff shall include the identity of the juvenile, the residence
where the juvenile will reside, the identity of the person, if
any, responsible for supervising the juvenile, and the time
period of any authorized leave.
(d) The thirty-day notice requirements contained in this
subsection shall not apply to emergency medical furloughs.
(e) The existence of the notice requirements in this subsection will not require any extension of the release date in
the event the release plan changes after notification.
(2)(a) If a juvenile found to have committed a violent
offense, a sex offense, or stalking escapes from a facility of
the department, the secretary shall immediately notify, by the
most reasonable and expedient means available, the chief of
police of the city and the sheriff of the county in which the
juvenile resided immediately before the juvenile’s arrest. If
previously requested, the secretary shall also notify the witnesses and the victim of the offense which the juvenile was
found to have committed or the victim’s next of kin if the
crime was a homicide. If the juvenile is recaptured, the secre(2010 Ed.)
13.40.215
tary shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working
days after the department learns of such recapture.
(b) The secretary may authorize a leave, for a juvenile
found to have committed a violent offense, a sex offense, or
stalking, which shall not exceed forty-eight hours plus travel
time, to meet an emergency situation such as a death or critical illness of a member of the juvenile’s family. The secretary
may authorize a leave, which shall not exceed the time medically necessary, to obtain medical care not available in a
juvenile facility maintained by the department. Prior to the
commencement of an emergency or medical leave, the secretary shall give notice of the leave to the appropriate law
enforcement agency in the jurisdiction in which the juvenile
will be during the leave period. The notice shall include the
identity of the juvenile, the time period of the leave, the residence of the juvenile during the leave, and the identity of the
person responsible for supervising the juvenile during the
leave. If previously requested, the department shall also
notify the witnesses and victim of the offense which the juvenile was found to have committed or the victim’s next of kin
if the offense was a homicide.
In case of an emergency or medical leave the secretary
may waive all or any portion of the requirements for leaves
pursuant to RCW 13.40.205 (2)(a), (3), (4), and (5).
(3) If the victim, the victim’s next of kin, or any witness
is under the age of sixteen, the notice required by this section
shall be sent to the parents or legal guardian of the child.
(4) The secretary shall send the notices required by this
chapter to the last address provided to the department by the
requesting party. The requesting party shall furnish the
department with a current address.
(5) Upon discharge, parole, transfer to a community residential facility, or other authorized leave or release, a convicted juvenile sex offender shall not attend a public or
approved private elementary, middle, or high school that is
attended by a victim or a sibling of a victim of the sex
offender. The parents or legal guardians of the convicted
juvenile sex offender shall be responsible for transportation
or other costs associated with or required by the sex
offender’s change in school that otherwise would be paid by
a school district. Upon discharge, parole, transfer to a community residential facility, or other authorized leave or
release of a convicted juvenile sex offender, the secretary
shall send written notice of the discharge, parole, or other
authorized leave or release and the requirements of this subsection to the common school district board of directors of
the district in which the sex offender intends to reside or the
district in which the sex offender last attended school, whichever is appropriate. The secretary shall send a similar notice
to any approved private school the juvenile will attend, if
known, or if unknown, to the approved private schools within
the district the juvenile resides or intends to reside.
(6) For purposes of this section the following terms have
the following meanings:
(a) "Violent offense" means a violent offense under
RCW 9.94A.030;
(b) "Sex offense" means a sex offense under RCW
9.94A.030;
(c) "Stalking" means the crime of stalking as defined in
RCW 9A.46.110;
[Title 13 RCW—page 103]
13.40.217
Title 13 RCW: Juvenile Courts and Juvenile Offenders
(d) "Next of kin" means a person’s spouse, parents, siblings, and children. [1999 c 198 § 1; 1997 c 265 § 2; 1995 c
324 § 1. Prior: 1994 c 129 § 6; 1994 c 78 § 1; 1993 c 27 § 1;
1990 c 3 § 101.]
Findings—Intent—1994 c 129: See note following RCW 4.24.550.
Additional notes found at www.leg.wa.gov
13.40.217
13.40.217 Juveniles adjudicated of sex offenses—
Release of information authorized. (1) In addition to any
other information required to be released under this chapter,
the department is authorized, pursuant to RCW 4.24.550, to
release relevant information that is necessary to protect the
public concerning juveniles adjudicated of sex offenses.
(2) In order for public agencies to have the information
necessary for notifying the public about sex offenders as
authorized in RCW 4.24.550, the secretary shall issue to
appropriate law enforcement agencies narrative notices
regarding the pending release of sex offenders from the
department’s juvenile rehabilitation facilities. The narrative
notices shall, at a minimum, describe the identity and criminal history behavior of the offender and shall include the
department’s risk level classification for the offender. For sex
offenders classified as either risk level II or III, the narrative
notices shall also include the reasons underlying the classification.
(3) For the purposes of this section, the department shall
classify as risk level I those offenders whose risk assessments
indicate a low risk of reoffense within the community at
large. The department shall classify as risk level II those
offenders whose risk assessments indicate a moderate risk of
reoffense within the community at large. The department
shall classify as risk level III those offenders whose risk
assessments indicate a high risk of reoffense within the community at large. [1997 c 364 § 2; 1990 c 3 § 102.]
Additional notes found at www.leg.wa.gov
13.40.219
13.40.219 Arrest for prostitution or prostitution loitering—Alleged offender—Victim of severe form of trafficking, commercial sex abuse of a minor. In any proceeding under this chapter related to an arrest for prostitution or
prostitution loitering, there is a presumption that the alleged
offender meets the criteria for a certification as a victim of a
severe form of trafficking in persons as defined in section
7105 of Title 22 of the United States code, and that the
alleged offender is also a victim of commercial sex abuse of
a minor. [2010 c 289 § 9.]
13.40.220
13.40.220 Costs of support, treatment, and confinement—Order—Contempt of court. (1) Whenever legal
custody of a child is vested in someone other than his or her
parents, under this chapter, and not vested in the department
of social and health services, after due notice to the parents or
other persons legally obligated to care for and support the
child, and after a hearing, the court may order and decree that
the parent or other legally obligated person shall pay in such
a manner as the court may direct a reasonable sum representing in whole or in part the costs of support, treatment, and
confinement of the child after the decree is entered.
[Title 13 RCW—page 104]
(2) If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed
against such person for contempt.
(3) Whenever legal custody of a child is vested in the
department under this chapter, the parents or other persons
legally obligated to care for and support the child shall be liable for the costs of support, treatment, and confinement of the
child, in accordance with the department’s reimbursement of
cost schedule. The department shall adopt a reimbursement
of cost schedule based on the costs of providing such services, and shall determine an obligation based on the responsible parents’ or other legally obligated person’s ability to
pay. The department is authorized to adopt additional rules as
appropriate to enforce this section.
(4) To enforce subsection (3) of this section, the department shall serve on the parents or other person legally obligated to care for and support the child a notice and finding of
financial responsibility requiring the parents or other legally
obligated person to appear and show cause in an adjudicative
proceeding why the finding of responsibility and/ or the
amount thereof is incorrect and should not be ordered. This
notice and finding shall relate to the costs of support, treatment, and confinement of the child in accordance with the
department’s reimbursement of cost schedule adopted under
this section, including periodic payments to be made in the
future. The hearing shall be held pursuant to chapter 34.05
RCW, the Administrative Procedure Act, and the rules of the
department.
(5) The notice and finding of financial responsibility
shall be served in the same manner prescribed for the service
of a summons in a civil action or may be served on the parent
or legally obligated person by certified mail, return receipt
requested. The receipt shall be prima facie evidence of service.
(6) If the parents or other legally obligated person
objects to the notice and finding of financial responsibility,
then an application for an adjudicative hearing may be filed
within twenty days of the date of service of the notice. If an
application for an adjudicative proceeding is filed, the presiding or reviewing officer shall determine the past liability and
responsibility, if any, of the parents or other legally obligated
person and shall also determine the amount of periodic payments to be made in the future. If the parents or other legally
responsible person fails to file an application within twenty
days, the notice and finding of financial responsibility shall
become a final administrative order.
(7) Debts determined pursuant to this section are subject
to collection action without further necessity of action by a
presiding or reviewing officer. The department may collect
the debt in accordance with RCW 43.20B.635, 43.20B.640,
74.20A.060, and 74.20A.070. The department shall exempt
from payment parents receiving adoption support under
*RCW 74.13.100 through 74.13.145, parents eligible to
receive adoption support under *RCW 74.13.150, and a parent or other legally obligated person when the parent or other
legally obligated person, or such person’s child, spouse, or
spouse’s child, was the victim of the offense for which the
child was committed.
(8) An administrative order entered pursuant to this section shall supersede any court order entered prior to June 13,
1994.
(2010 Ed.)
Juvenile Justice Act of 1977
(9) The department shall be subrogated to the right of the
child and his or her parents or other legally responsible person to receive support payments for the benefit of the child
from any parent or legally obligated person pursuant to a support order established by a superior court or pursuant to RCW
74.20A.055. The department’s right of subrogation under this
section is limited to the liability established in accordance
with its cost schedule for support, treatment, and confinement, except as addressed in subsection (10) of this section.
(10) Nothing in this section precludes the department
from recouping such additional support payments from the
child’s parents or other legally obligated person as required
to qualify for receipt of federal funds. The department may
adopt such rules dealing with liability for recoupment of support, treatment, or confinement costs as may become necessary to entitle the state to participate in federal funds unless
such rules would be expressly prohibited by law. If any law
dealing with liability for recoupment of support, treatment, or
confinement costs is ruled to be in conflict with federal
requirements which are a prescribed condition of the allocation of federal funds, such conflicting law is declared to be
inoperative solely to the extent of the conflict. [1995 c 300 §
1; 1994 sp.s. c 7 § 529; 1993 c 466 § 1; 1977 ex.s. c 291 § 76.]
*Reviser’s note: RCW 74.13.100 through 74.13.145 and 74.13.150
were recodified as RCW 74.13A.005 through 74.13A.080 and 74.13A.085
pursuant to 2009 c 520 § 95.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
13.40.230 Appeal from order of disposition—Jurisdiction—Procedure—Scope—Release pending appeal.
(1) Dispositions reviewed pursuant to RCW 13.40.160 shall
be reviewed in the appropriate division of the court of
appeals.
An appeal under this section shall be heard solely upon
the record that was before the disposition court. No written
briefs may be required, and the appeal shall be heard within
thirty days following the date of sentencing and a decision
rendered within fifteen days following the argument. The
supreme court shall promulgate any necessary rules to effectuate the purposes of this section.
(2) To uphold a disposition outside the standard range,
the court of appeals must find (a) that the reasons supplied by
the disposition judge are supported by the record which was
before the judge and that those reasons clearly and convincingly support the conclusion that a disposition within the
range would constitute a manifest injustice, and (b) that the
sentence imposed was neither clearly excessive nor clearly
too lenient.
(3) If the court does not find subsection (2)(a) of this section it shall remand the case for disposition within the standard range.
(4) If the court finds subsection (2)(a) but not subsection
(2)(b) of this section it shall remand the case with instructions
for further proceedings consistent with the provisions of this
chapter.
(5) The disposition court may impose conditions on
release pending appeal as provided in RCW *13.40.040(4)
and 13.40.050(6).
13.40.230
(2010 Ed.)
13.40.265
(6) Appeal of a disposition under this section does not
affect the finality or appeal of the underlying adjudication of
guilt. [1997 c 338 § 35; 1981 c 299 § 16; 1979 c 155 § 72;
1977 ex.s. c 291 § 77.]
*Reviser’s note: RCW 13.40.040 was amended by 2002 c 171 § 2,
changing subsection (4) to subsection (5).
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.240 Construction of RCW references to juvenile delinquents or juvenile delinquency. All references to
juvenile delinquents or juvenile delinquency in other chapters
of the Revised Code of Washington shall be construed as
meaning juvenile offenders or the commitment of an offense
by juveniles as defined by this chapter. [1977 ex.s. c 291 §
78.]
13.40.240
Additional notes found at www.leg.wa.gov
13.40.250 Traffic and civil infraction cases. A traffic
or civil infraction case involving a juvenile under the age of
sixteen may be diverted in accordance with the provisions of
this chapter or filed in juvenile court.
(1) If a notice of a traffic or civil infraction is filed in
juvenile court, the juvenile named in the notice shall be
afforded the same due process afforded to adult defendants in
traffic infraction cases.
(2) A monetary penalty imposed upon a juvenile under
the age of sixteen who is found to have committed a traffic or
civil infraction may not exceed one hundred dollars. At the
juvenile’s request, the court may order performance of a
number of hours of community restitution in lieu of a monetary penalty, at the rate of the prevailing state minimum wage
per hour.
(3) A diversion agreement entered into by a juvenile
referred pursuant to this section shall be limited to thirty
hours of community restitution, or educational or informational sessions.
(4) Traffic or civil infractions referred to a youth court
pursuant to this section are subject to the conditions imposed
by RCW 13.40.630.
(5) If a case involving the commission of a traffic or civil
infraction or offense by a juvenile under the age of sixteen
has been referred to a diversion unit, an abstract of the action
taken by the diversion unit may be forwarded to the department of licensing in the manner provided for in RCW
46.20.270(2). [2002 c 237 § 19; 2002 c 175 § 28; 1997 c 338
§ 36; 1980 c 128 § 16.]
13.40.250
Reviser’s note: This section was amended by 2002 c 175 § 28 and by
2002 c 237 § 19, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 175: See note following RCW 7.80.130.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.265 Firearm, alcohol, and drug violations.
(1)(a) If a juvenile thirteen years of age or older is found by
juvenile court to have committed an offense while armed
with a firearm or an offense that is a violation of RCW
13.40.265
[Title 13 RCW—page 105]
13.40.280
Title 13 RCW: Juvenile Courts and Juvenile Offenders
9.41.040(2)(a)(iii) or chapter 66.44, 69.41, 69.50, or 69.52
RCW, the court shall notify the department of licensing
within twenty-four hours after entry of the judgment.
(b) Except as otherwise provided in (c) of this subsection, upon petition of a juvenile who has been found by the
court to have committed an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court may at any
time the court deems appropriate notify the department of
licensing that the juvenile’s driving privileges should be reinstated.
(c) If the offense is the juvenile’s first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not
petition the court for reinstatement of the juvenile’s privilege
to drive revoked pursuant to RCW 46.20.265 until ninety
days after the date the juvenile turns sixteen or ninety days
after the judgment was entered, whichever is later. If the
offense is the juvenile’s second or subsequent violation of
chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may
not petition the court for reinstatement of the juvenile’s privilege to drive revoked pursuant to RCW 46.20.265 until the
date the juvenile turns seventeen or one year after the date
judgment was entered, whichever is later.
(2)(a) If a juvenile enters into a diversion agreement with
a diversion unit pursuant to RCW 13.40.080 concerning an
offense that is a violation of chapter 66.44, 69.41, 69.50, or
69.52 RCW, the diversion unit shall notify the department of
licensing within twenty-four hours after the diversion agreement is signed.
(b) If a diversion unit has notified the department pursuant to (a) of this subsection, the diversion unit shall notify the
department of licensing when the juvenile has completed the
agreement. [2003 c 53 § 101; 1997 c 338 § 37; 1994 sp.s. c 7
§ 435; 1989 c 271 § 116; 1988 c 148 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Legislative finding—1988 c 148: "The legislature finds that many persons under the age of eighteen unlawfully use intoxicating liquor and controlled substances. The use of these substances by juveniles can cause serious damage to their physical, mental, and emotional well-being, and in some
instances results in life-long disabilities.
The legislature also finds that juveniles who unlawfully use alcohol
and controlled substances frequently operate motor vehicles while under the
influence of and impaired by alcohol or drugs. Juveniles who use these substances often have seriously impaired judgment and motor skills and pose an
unduly high risk of causing injury or death to themselves or other persons on
the public highways.
The legislature also finds that juveniles will be deterred from the
unlawful use of alcohol and controlled substances if their driving privileges
are suspended or revoked for using illegal drugs or alcohol." [1988 c 148 §
1.]
Additional notes found at www.leg.wa.gov
13.40.280 Transfer of juvenile to department of corrections facility—Grounds—Hearing—Term—Retransfer to a facility for juveniles. (1) The secretary, with the
consent of the secretary of the department of corrections, has
the authority to transfer a juvenile presently or hereafter committed to the department of social and health services to the
department of corrections for appropriate institutional placement in accordance with this section.
13.40.280
[Title 13 RCW—page 106]
(2) The secretary of the department of social and health
services may, with the consent of the secretary of the department of corrections, transfer a juvenile offender to the department of corrections if it is established at a hearing before a
review board that continued placement of the juvenile
offender in an institution for juvenile offenders presents a
continuing and serious threat to the safety of others in the
institution. The department of social and health services shall
establish rules for the conduct of the hearing, including provision of counsel for the juvenile offender.
(3) Assaults made against any staff member at a juvenile
corrections institution that are reported to a local law enforcement agency shall require a hearing held by the department of
social and health services review board within ten judicial
working days. The board shall determine whether the accused
juvenile offender represents a continuing and serious threat to
the safety of others in the institution.
(4) Upon conviction in a court of law for custodial
assault as defined in RCW 9A.36.100, the department of
social and health services review board shall conduct a second hearing, within five judicial working days, to recommend to the secretary of the department of social and health
services that the convicted juvenile be transferred to an adult
correctional facility if the review board has determined the
juvenile offender represents a continuing and serious threat to
the safety of others in the institution.
The juvenile has the burden to show cause why the transfer to an adult correctional facility should not occur.
(5) A juvenile offender transferred to an institution operated by the department of corrections shall not remain in such
an institution beyond the maximum term of confinement
imposed by the juvenile court.
(6) A juvenile offender who has been transferred to the
department of corrections under this section may, in the discretion of the secretary of the department of social and health
services and with the consent of the secretary of the department of corrections, be transferred from an institution operated by the department of corrections to a facility for juvenile
offenders deemed appropriate by the secretary. [1989 c 410
§ 2; 1989 c 407 § 8; 1983 c 191 § 22.]
Reviser’s note: This section was amended by 1989 c 407 § 8 and by
1989 c 410 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Purpose—1989 c 410: "The legislature recognizes the ever-increasing
severity of offenses committed by juvenile offenders residing in this state’s
juvenile detention facilities and the increasing aggressive nature of detained
juveniles due to drugs and gang-related violence. The purpose of this act is
to provide necessary protection to state employees and juvenile residents of
these institutions from assaults committed against them by juvenile detainees." [1989 c 410 § 1.]
13.40.285 Juvenile offender sentenced to terms in
juvenile and adult facilities—Transfer to department of
corrections—Term of confinement. A juvenile offender
ordered to serve a term of confinement with the department
of social and health services who is subsequently sentenced
to the department of corrections may, with the consent of the
department of corrections, be transferred by the secretary of
social and health services to the department of corrections to
serve the balance of the term of confinement ordered by the
juvenile court. The juvenile and adult sentences shall be
13.40.285
(2010 Ed.)
Juvenile Justice Act of 1977
served consecutively. In no case shall the secretary credit
time served as a result of an adult conviction against the term
of confinement ordered by the juvenile court. [1983 c 191 §
23.]
13.40.300
13.40.300 Commitment of juvenile beyond age
twenty-one prohibited—Jurisdiction of juvenile court
after juvenile’s eighteenth birthday. (1) In no case may a
juvenile offender be committed by the juvenile court to the
department of social and health services for placement in a
juvenile correctional institution beyond the juvenile
offender’s twenty-first birthday. A juvenile may be under the
jurisdiction of the juvenile court or the authority of the
department of social and health services beyond the juvenile’s eighteenth birthday only if prior to the juvenile’s eighteenth birthday:
(a) Proceedings are pending seeking the adjudication of
a juvenile offense and the court by written order setting forth
its reasons extends jurisdiction of juvenile court over the
juvenile beyond his or her eighteenth birthday;
(b) The juvenile has been found guilty after a fact finding
or after a plea of guilty and an automatic extension is necessary to allow for the imposition of disposition;
(c) Disposition has been held and an automatic extension
is necessary to allow for the execution and enforcement of the
court’s order of disposition. If an order of disposition
imposes commitment to the department, then jurisdiction is
automatically extended to include a period of up to twelve
months of parole, in no case extending beyond the offender’s
twenty-first birthday; or
(d) While proceedings are pending in a case in which
jurisdiction has been transferred to the adult criminal court
pursuant to RCW 13.04.030, the juvenile turns eighteen years
of age and is subsequently found not guilty of the charge for
which he or she was transferred, or is convicted in the adult
criminal court of a lesser included offense, and an automatic
extension is necessary to impose the disposition as required
by RCW 13.04.030(1)(e)(v)(E).
(2) If the juvenile court previously has extended jurisdiction beyond the juvenile offender’s eighteenth birthday and
that period of extension has not expired, the court may further
extend jurisdiction by written order setting forth its reasons.
(3) In no event may the juvenile court have authority to
extend jurisdiction over any juvenile offender beyond the
juvenile offender’s twenty-first birthday except for the purpose of enforcing an order of restitution or penalty assessment.
(4) Notwithstanding any extension of jurisdiction over a
person pursuant to this section, the juvenile court has no
jurisdiction over any offenses alleged to have been committed by a person eighteen years of age or older. [2005 c 238 §
2; 2000 c 71 § 2; 1994 sp.s. c 7 § 530; 1986 c 288 § 6; 1983 c
191 § 17; 1981 c 299 § 17; 1979 c 155 § 73; 1975 1st ex.s. c
170 § 1. Formerly RCW 13.04.260.]
Effective date—2000 c 71: See note following RCW 13.40.198.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
13.40.308
13.40.305 Juvenile offender adjudicated of theft of
motor vehicle, possession of stolen vehicle, taking motor
vehicle without permission in the first degree, taking
motor vehicle without permission in the second degree—
Local sanctions—Evaluation. If a juvenile is adjudicated of
theft of a motor vehicle under RCW 9A.56.065, possession of
a stolen vehicle under RCW 9A.56.068, taking a motor vehicle without permission in the first degree as defined in RCW
9A.56.070(1), or taking a motor vehicle without permission
in the second degree as defined in RCW 9A.56.075(1) and is
sentenced to local sanctions, the juvenile’s disposition shall
include an evaluation to determine whether the juvenile is in
need of community-based rehabilitation services and to complete any treatment recommended by the evaluation. [2007 c
199 § 12.]
13.40.305
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
13.40.308 Juvenile offender adjudicated of taking
motor vehicle without permission in the first degree, theft
of motor vehicle, possession of a stolen vehicle, taking
motor vehicle without permission in the second degree—
Minimum sentences. (1) If a respondent is adjudicated of
taking a motor vehicle without permission in the first degree
as defined in RCW 9A.56.070, the court shall impose the following minimum sentence, in addition to any restitution the
court may order payable to the victim:
(a) Juveniles with a prior criminal history score of zero
to one-half points shall be sentenced to a standard range sentence that includes no less than three months of community
supervision, forty-five hours of community restitution, a two
hundred dollar fine, and a requirement that the juvenile
remain at home such that the juvenile is confined to a private
residence for no less than five days. The juvenile may be
subject to electronic monitoring where available. If the juvenile is enrolled in school, the confinement shall be served on
nonschool days;
(b) Juveniles with a prior criminal history score of threequarters to one and one-half points shall be sentenced to a
standard range sentence that includes six months of community supervision, no less than ten days of detention, ninety
hours of community restitution, and a four hundred dollar
fine; and
(c) Juveniles with a prior criminal history score of two or
more points shall be sentenced to no less than fifteen to
thirty-six weeks commitment to the juvenile rehabilitation
administration, four months of parole supervision, ninety
hours of community restitution, and a four hundred dollar
fine.
(2) If a respondent is adjudicated of theft of a motor vehicle as defined under RCW 9A.56.065, or possession of a stolen vehicle as defined under RCW 9A.56.068, the court shall
impose the following minimum sentence, in addition to any
restitution the court may order payable to the victim:
(a) Juveniles with a prior criminal history score of zero
to one-half points shall be sentenced to a standard range sentence that includes no less than three months of community
supervision, forty-five hours of community restitution, a two
hundred dollar fine, and either ninety hours of community
restitution or a requirement that the juvenile remain at home
such that the juvenile is confined in a private residence for no
13.40.308
[Title 13 RCW—page 107]
13.40.310
Title 13 RCW: Juvenile Courts and Juvenile Offenders
less than five days. The juvenile may be subject to electronic
monitoring where available;
(b) Juveniles with a prior criminal history score of threequarters to one and one-half points shall be sentenced to a
standard range sentence that includes no less than six months
of community supervision, no less than ten days of detention,
ninety hours of community restitution, and a four hundred
dollar fine; and
(c) Juveniles with a prior criminal history score of two or
more points shall be sentenced to no less than fifteen to
thirty-six weeks commitment to the juvenile rehabilitation
administration, four months of parole supervision, ninety
hours of community restitution, and a four hundred dollar
fine.
(3) If a respondent is adjudicated of taking a motor vehicle without permission in the second degree as defined in
RCW 9A.56.075, the court shall impose a standard range as
follows:
(a) Juveniles with a prior criminal history score of zero
to one-half points shall be sentenced to a standard range sentence that includes three months of community supervision,
fifteen hours of community restitution, and a requirement that
the juvenile remain at home such that the juvenile is confined
in a private residence for no less than one day. If the juvenile
is enrolled in school, the confinement shall be served on nonschool days. The juvenile may be subject to electronic monitoring where available;
(b) Juveniles with a prior criminal history score of threequarters to one and one-half points shall be sentenced to a
standard range sentence that includes no less than one day of
detention, three months of community supervision, thirty
hours of community restitution, a one hundred fifty dollar
fine, and a requirement that the juvenile remain at home such
that the juvenile is confined in a private residence for no less
than two days. If the juvenile is enrolled in school, the confinement shall be served on nonschool days. The juvenile
may be subject to electronic monitoring where available; and
(c) Juveniles with a prior criminal history score of two or
more points shall be sentenced to no less than three days of
detention, six months of community supervision, forty-five
hours of community restitution, a one hundred fifty dollar
fine, and a requirement that the juvenile remain at home such
that the juvenile is confined in a private residence for no less
than seven days. If the juvenile is enrolled in school, the confinement shall be served on nonschool days. The juvenile
may be subject to electronic monitoring where available.
[2009 c 454 § 4; 2007 c 199 § 15.]
Findings—Intent—Short title—2007 c 199: See notes following
RCW 9A.56.065.
13.40.310 Transitional treatment program for gang
and drug-involved juvenile offenders. (1) The department
of social and health services may contract with a communitybased nonprofit organization to establish a three-step transitional treatment program for gang and drug-involved juvenile
offenders committed to the custody of the department under
chapter 13.40 RCW. Any such program shall provide six to
twenty-four months of treatment. The program shall emphasize the principles of self-determination, unity, collective
work and responsibility, cooperative economics, and creativ13.40.310
[Title 13 RCW—page 108]
ity. The program shall be culturally relevant and appropriate
and shall include:
(a) A culturally relevant and appropriate institutionbased program that provides comprehensive drug and alcohol
services, individual and family counseling, and a wilderness
experience of constructive group living, rigorous physical
exercise, and academic studies;
(b) A culturally relevant and appropriate communitybased structured group living program that focuses on individual goals, positive community involvement, coordinated
drug and alcohol treatment, coordinated individual and family counseling, academic and vocational training, and
employment in apprenticeship, internship, and entrepreneurial programs; and
(c) A culturally relevant and appropriate transitional
group living program that provides support services, academic services, and coordinated individual and family counseling.
(2) Participation in any such program shall be on a voluntary basis.
(3) The department shall adopt rules as necessary to
implement any such program. [1991 c 326 § 4.]
Finding—1991 c 326: "The legislature finds that a destructive lifestyle
of drug and street gang activity is rapidly becoming prevalent among some
of the state’s youths. Gang and drug activity may be a culturally influenced
phenomenon which the legislature intends public and private agencies to
consider and address in prevention and treatment programs. Gang and druginvolved youths are more likely to become addicted to drugs or alcohol, live
in poverty, experience high unemployment, be incarcerated, and die of violence than other youths." [1991 c 326 § 3.]
Additional notes found at www.leg.wa.gov
13.40.320 Juvenile offender basic training camp program. (1) The department of social and health services shall
establish a medium security juvenile offender basic training
camp program. This program for juvenile offenders serving a
term of confinement under the supervision of the department
is exempt from the licensing requirements of chapter 74.15
RCW.
(2) The department may contract under this chapter with
private companies, the national guard, or other federal, state,
or local agencies to operate the juvenile offender basic training camp.
(3) The juvenile offender basic training camp shall be a
structured and regimented model emphasizing the building
up of an offender’s self-esteem, confidence, and discipline.
The juvenile offender basic training camp program shall provide participants with basic education, prevocational training, work-based learning, work experience, work ethic skills,
conflict resolution counseling, substance abuse intervention,
anger management counseling, and structured intensive
physical training. The juvenile offender basic training camp
program shall have a curriculum training and work schedule
that incorporates a balanced assignment of these or other
rehabilitation and training components for no less than sixteen hours per day, six days a week.
The department shall develop standards for the safe and
effective operation of the juvenile offender basic training
camp program, for an offender’s successful program completion, and for the continued after-care supervision of offenders
who have successfully completed the program.
13.40.320
(2010 Ed.)
Juvenile Justice Act of 1977
(4) Offenders eligible for the juvenile offender basic
training camp option shall be those with a disposition of not
more than sixty-five weeks. Violent and sex offenders shall
not be eligible for the juvenile offender basic training camp
program.
(5) If the court determines that the offender is eligible for
the juvenile offender basic training camp option, the court
may recommend that the department place the offender in the
program. The department shall evaluate the offender and may
place the offender in the program. The evaluation shall
include, at a minimum, a risk assessment developed by the
department and designed to determine the offender’s suitability for the program. No juvenile who is assessed as a high risk
offender or suffers from any mental or physical problems that
could endanger his or her health or drastically affect his or
her performance in the program shall be admitted to or
retained in the juvenile offender basic training camp program.
(6) All juvenile offenders eligible for the juvenile
offender basic training camp sentencing option shall spend
one hundred twenty days of their disposition in a juvenile
offender basic training camp. This period may be extended
for up to forty days by the secretary if a juvenile offender
requires additional time to successfully complete the basic
training camp program. If the juvenile offender’s activities
while in the juvenile offender basic training camp are so disruptive to the juvenile offender basic training camp program,
as determined by the secretary according to standards developed by the department, as to result in the removal of the
juvenile offender from the juvenile offender basic training
camp program, or if the offender cannot complete the juvenile offender basic training camp program due to medical
problems, the secretary shall require that the offender be
committed to a juvenile institution to serve the entire remainder of his or her disposition, less the amount of time already
served in the juvenile offender basic training camp program.
(7) All offenders who successfully graduate from the
juvenile offender basic training camp program shall spend
the remainder of their disposition on parole in a juvenile rehabilitation administration intensive aftercare program in the
local community. Violation of the conditions of parole is subject to sanctions specified in RCW 13.40.210(4). The program shall provide for the needs of the offender based on his
or her progress in the aftercare program as indicated by ongoing assessment of those needs and progress. The intensive
aftercare program shall monitor postprogram juvenile
offenders and assist them to successfully reintegrate into the
community. In addition, the program shall develop a process
for closely monitoring and assessing public safety risks. The
intensive aftercare program shall be designed and funded by
the department of social and health services.
(8) The department shall also develop and maintain a
database to measure recidivism rates specific to this incarceration program. The database shall maintain data on all juvenile offenders who complete the juvenile offender basic training camp program for a period of two years after they have
completed the program. The database shall also maintain data
on the criminal activity, educational progress, and employment activities of all juvenile offenders who participated in
the program. [2002 c 354 § 234; 2001 c 137 § 1; 1997 c 338
§ 38; 1995 c 40 § 1; 1994 sp.s. c 7 § 532.]
(2010 Ed.)
13.40.460
Short title—Headings, captions not law—Severability—Effective
dates—2002 c 354: See RCW 41.80.907 through 41.80.910.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Findings and intent—Juvenile basic training camps—1994 sp.s. c 7:
"The legislature finds that the number of juvenile offenders and the severity
of their crimes is increasing rapidly statewide. In addition, many juvenile
offenders continue to reoffend after they are released from the juvenile justice system causing disproportionately high and expensive rates of recidivism.
The legislature further finds that juvenile criminal behavior is often the
result of a lack of self-discipline, the lack of systematic work habits and ethics, the inability to deal with authority figures, and an unstable or unstructured living environment. The legislature further finds that the department of
social and health services currently operates an insufficient number of confinement beds to meet the rapidly growing juvenile offender population.
Together these factors are combining to produce a serious public safety hazard and the need to develop more effective and stringent juvenile punishment
and rehabilitation options.
The legislature intends that juvenile offenders who enter the state rehabilitation system have the opportunity and are given the responsibility to
become more effective participants in society by enhancing their personal
development, work ethics, and life skills. The legislature recognizes that
structured incarceration programs for juvenile offenders such as juvenile
offender basic training camps, can instill the self-discipline, accountability,
self-esteem, and work ethic skills that could discourage many offenders from
returning to the criminal justice system. Juvenile offender basic training
camp incarceration programs generally emphasize life skills training, prevocational work skills training, anger management, dealing with difficult athome family problems and/or abuses, discipline, physical training, structured and intensive work activities, and educational classes. The legislature
further recognizes that juvenile offenders can benefit from a highly structured basic training camp environment and the public can also benefit
through increased public protection and reduced cost due to lowered rates of
recidivism." [1994 sp.s. c 7 § 531.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
13.40.400 Applicability of RCW 10.01.040 to chapter. The provisions of RCW 10.01.040 apply to chapter
13.40 RCW. [1979 c 155 § 74.]
13.40.400
Additional notes found at www.leg.wa.gov
13.40.430 Disparity in disposition of juvenile offenders—Data collection. The administrative office of the courts
shall collect such data as may be necessary to monitor any
disparity in processing or disposing of cases involving juvenile offenders due to economic, gender, geographic, or racial
factors that may result from implementation of section 1,
chapter 373, Laws of 1993. The administrative office of the
courts may, in consultation with juvenile courts, determine a
format for the collection of such data and a schedule for the
reporting of such data and shall keep a minimum of five years
of data at any given time. [2005 c 282 § 27; 2003 c 207 § 13;
1993 c 373 § 2.]
13.40.430
Additional notes found at www.leg.wa.gov
13.40.440 Chapter 9.92 RCW not to affect dispositions under juvenile justice act. See RCW 9.92.200.
13.40.440
13.40.450 Chapters 13.04 and 13.40 RCW as exclusive authority for adjudication and disposition of juvenile
offenders. See RCW 13.04.450.
13.40.450
13.40.460 Juvenile rehabilitation programs—
Administration. The secretary, assistant secretary, or the
13.40.460
[Title 13 RCW—page 109]
13.40.462
Title 13 RCW: Juvenile Courts and Juvenile Offenders
secretary’s designee shall manage and administer the department’s juvenile rehabilitation responsibilities, including but
not limited to the operation of all state institutions or facilities
used for juvenile rehabilitation.
The secretary or assistant secretary shall:
(1) Prepare a biennial budget request sufficient to meet
the confinement and rehabilitative needs of the juvenile rehabilitation program, as forecast by the office of financial management;
(2) Create by rule a formal system for inmate classification. This classification system shall consider:
(a) Public safety;
(b) Internal security and staff safety;
(c) Rehabilitative resources both within and outside the
department;
(d) An assessment of each offender’s risk of sexually
aggressive behavior as provided in RCW 13.40.470; and
(e) An assessment of each offender’s vulnerability to
sexually aggressive behavior as provided in RCW 13.40.470;
(3) Develop agreements with local jurisdictions to
develop regional facilities with a variety of custody levels;
(4) Adopt rules establishing effective disciplinary policies to maintain order within institutions;
(5) Develop a comprehensive diagnostic evaluation process to be used at intake, including but not limited to evaluation for substance addiction or abuse, literacy, learning disabilities, fetal alcohol syndrome or effect, attention deficit
disorder, and mental health;
(6) Develop placement criteria:
(a) To avoid assigning youth who present a moderate or
high risk of sexually aggressive behavior to the same sleeping quarters as youth assessed as vulnerable to sexual victimization under RCW 13.40.470(1)(c); and
(b) To avoid placing a juvenile offender on parole status
who has been assessed as a moderate to high risk for sexually
aggressive behavior in a department community residential
program with another child who is: (i) Dependent under
chapter 13.34 RCW, or an at-risk youth or child in need of
services under chapter 13.32A RCW; and (ii) not also a juvenile offender on parole status;
(7) Develop a plan to implement, by July 1, 1995:
(a) Substance abuse treatment programs for all state
juvenile rehabilitation facilities and institutions;
(b) Vocational education and instruction programs at all
state juvenile rehabilitation facilities and institutions; and
(c) An educational program to establish self-worth and
responsibility in juvenile offenders. This educational program shall emphasize instruction in character-building principles such as: Respect for self, others, and authority; victim
awareness; accountability; work ethics; good citizenship; and
life skills; and
(8)(a) The juvenile rehabilitation administration shall
develop uniform policies related to custodial assaults consistent with RCW 72.01.045 and 9A.36.100 that are to be followed in all juvenile rehabilitation administration facilities;
and
(b) The juvenile rehabilitation administration will report
assaults in accordance with the policies developed in (a) of
this subsection. [2003 c 229 § 1; 1999 c 372 § 2; 1997 c 386
§ 54; 1994 sp.s. c 7 § 516.]
[Title 13 RCW—page 110]
Finding—Intent—1997 c 386 §§ 50-55: See note following RCW
13.40.470.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
13.40.462 Reinvesting in youth program. (1) The
department of social and health services juvenile rehabilitation administration shall establish a reinvesting in youth program that awards grants to counties for implementing
research-based early intervention services that target juvenile
justice-involved youth and reduce crime, subject to the availability of amounts appropriated for this specific purpose.
(2) Effective July 1, 2007, any county or group of counties may apply for participation in the reinvesting in youth
program.
(3) Counties that participate in the reinvesting in youth
program shall have a portion of their costs of serving youth
through the research-based intervention service models paid
for with moneys from the reinvesting in youth account established pursuant to RCW 13.40.466.
(4) The department of social and health services juvenile
rehabilitation administration shall review county applications
for funding through the reinvesting in youth program and
shall select the counties that will be awarded grants with
funds appropriated to implement this program. The department, in consultation with the Washington state institute for
public policy, shall develop guidelines to determine which
counties will be awarded funding in accordance with the reinvesting in youth program. At a minimum, counties must
meet the following criteria in order to participate in the reinvesting in youth program:
(a) Counties must match state moneys awarded for
research-based early intervention services with nonstate
resources that are at least proportional to the expected local
government share of state and local government cost avoidance that would result from the implementation of such services;
(b) Counties must demonstrate that state funds allocated
pursuant to this section are used only for the intervention service models authorized pursuant to RCW 13.40.464;
(c) Counties must participate fully in the state quality
assurance program established in RCW 13.40.468 to ensure
fidelity of program implementation. If no state quality assurance program is in effect for a particular selected researchbased service, the county must submit a quality assurance
plan for state approval with its grant application. Failure to
demonstrate continuing compliance with quality assurance
plans shall be grounds for termination of state funding; and
(d) Counties that submit joint applications must submit
for approval by the department of social and health services
juvenile rehabilitation administration multicounty plans for
efficient program delivery.
(5) The department of social and health services juvenile
rehabilitation administration shall convene a technical advisory committee comprised of representatives from the house
of representatives, the senate, the governor’s office of financial management, the department of social and health services juvenile rehabilitation administration, the family policy
council, the juvenile court administrator’s association, and
13.40.462
(2010 Ed.)
Juvenile Justice Act of 1977
the Washington association of counties to assist in the implementation of chapter 304, Laws of 2006. [2006 c 304 § 2.]
Finding—Intent—2006 c 304: "The legislature finds that there are
youth and family-focused intervention services that have been proven
through rigorous evaluation in the state of Washington and elsewhere to significantly reduce violence and crime while saving more public safety dollars
than they cost. Under current state laws, no local government acting alone
has the financial incentive to invest in these cost-effective services because
the savings accrue to multiple levels of government with the largest savings
going to the state. It is the intent of the legislature to create incentives for
local government to invest in cost-effective intervention services that reduce
crime by reimbursing local governments with a portion of the cost savings
that accrue to the state as the result of local investments in such services."
[2006 c 304 § 1.]
Entitlement not created—2006 c 304: "Nothing in this act creates an
entitlement for a county or group of counties to receive funding under the
program in sections 2 and 3 of this act." [2006 c 304 § 8.]
Effective date—2006 c 304: "This act takes effect July 1, 2006." [2006
c 304 § 9.]
13.40.464 Reinvesting in youth program—Guidelines. (1)(a) In order to receive funding through the reinvesting in youth program established pursuant to RCW
13.40.462, intervention service models must meet the following minimum criteria:
(i) There must be scientific evidence from at least one
rigorous evaluation study of the specific service model that
measures recidivism reduction;
(ii) There must be evidence that the specific service
model’s results can be replicated outside of an academic
research environment;
(iii) The evaluation or evaluations of the service model
must permit dollar cost estimates of both benefits and costs so
that the benefit-cost ratio of the model can be calculated; and
(iv) The public taxpayer benefits to all levels of state and
local government must exceed the service model costs.
(b) In calendar year 2006, for use beginning in fiscal year
2008, the Washington state institute for public policy shall
publish a list of service models that are eligible for reimbursement through the investing in youth program. As authorized by the board of the institute and to the extent necessary
to respond to new research and information, the institute shall
periodically update the list of service models. The institute
shall use the technical advisory committee established in
RCW 13.40.462(5) to review and provide comments on the
list of service models that are eligible for reimbursement.
(2) In calendar year 2006, for use beginning in fiscal year
2008, the Washington state institute for public policy shall
review and update the methodology for calculating cost savings resulting from implementation of this program. As
authorized by the board of the institute and to the extent necessary to respond to new research and information, the institute shall periodically further review and update the methodology. As authorized by the board of the institute, when the
institute reviews and updates the methodology for calculating
cost savings, the institute shall provide an estimate of savings
and avoided costs resulting from this program, along with a
projection of future savings and avoided costs, to the appropriate committees of the legislature. The institute shall use
the technical advisory committee established in RCW
13.40.462(5) to review and provide comments on its methodology and cost calculations.
13.40.464
(2010 Ed.)
13.40.470
(3) In calendar year 2006, for use beginning in fiscal year
2008, the department of social and health services’ juvenile
rehabilitation administration shall establish a distribution formula to provide funding to local governments that implement
research-based intervention services pursuant to this program. The department shall periodically update the distribution formula. The distribution formula shall require that the
state allocation to local governments be proportional to the
expected state government share of state and local government cost avoidance that would result from the implementation of such services based on the methodology maintained
by the Washington state institute for public policy pursuant to
subsection (2) of this section. The department shall use the
technical advisory committee established in RCW
13.40.462(5) to review and provide comments on its proposed distribution formula.
(4) The department of social and health services juvenile
rehabilitation administration shall provide a report to the legislature on the initial cost savings calculation methodology
and distribution formula by October 1, 2006. [2006 c 304 §
3.]
Finding—Intent—Entitlement not created—Effective date—2006 c
304: See notes following RCW 13.40.462.
13.40.466 Reinvesting in youth account. (1) The reinvesting in youth account is created in the state treasury. Moneys in the account shall be spent only after appropriation.
Expenditures from the account may be used to reimburse
local governments for the implementation of the reinvesting
in youth program established in RCW 13.40.462 and
13.40.464.
(2) Revenues to the reinvesting in youth account consist
of revenues appropriated to or deposited in the account.
(3) The department of social and health services juvenile
rehabilitation administration shall review and monitor the
expenditures made by any county or group of counties that is
funded, in whole or in part, with funds provided through the
reinvesting in youth account. Counties shall repay any funds
that are not spent in accordance with RCW 13.40.462 and
13.40.464. [2006 c 304 § 4.]
13.40.466
Finding—Intent—Entitlement not created—Effective date—2006 c
304: See notes following RCW 13.40.462.
13.40.468 Juvenile rehabilitation administration—
State quality assurance program. The department of social
and health services juvenile rehabilitation administration
shall establish a state quality assurance program. The juvenile rehabilitation administration shall monitor the implementation of intervention services funded pursuant to RCW
13.40.466 and shall evaluate adherence to service model
design and service completion rate. [2006 c 304 § 6.]
13.40.468
Finding—Intent—Entitlement not created—Effective date—2006 c
304: See notes following RCW 13.40.462.
13.40.470 Vulnerable youth committed to residential
facilities—Protection from sexually aggressive youth—
Assessment process. (1) The department shall implement a
policy for protecting youth committed to state-operated or
state-funded residential facilities under this chapter who are
vulnerable to sexual victimization by other youth committed
13.40.470
[Title 13 RCW—page 111]
13.40.480
Title 13 RCW: Juvenile Courts and Juvenile Offenders
to those facilities who are sexually aggressive. The policy
shall include, at a minimum, the following elements:
(a) Development and use of an assessment process for
identifying youth, within thirty days of commitment to the
department, who present a moderate or high risk of sexually
aggressive behavior for the purposes of this section. The
assessment process need not require that every youth who is
adjudicated or convicted of a sex offense as defined in RCW
9.94A.030 be determined to be sexually aggressive, nor shall
a sex offense adjudication or conviction be required in order
to determine a youth is sexually aggressive. Instead, the
assessment process shall consider the individual circumstances of the youth, including his or her age, physical size,
sexual abuse history, mental and emotional condition, and
other factors relevant to sexual aggressiveness. The definition of "sexually aggressive youth" in RCW 74.13.075 does
not apply to this section to the extent that it conflicts with this
section;
(b) Development and use of an assessment process for
identifying youth, within thirty days of commitment to the
department, who may be vulnerable to victimization by youth
identified under (a) of this subsection as presenting a moderate or high risk of sexually aggressive behavior. The assessment process shall consider the individual circumstances of
the youth, including his or her age, physical size, sexual
abuse history, mental and emotional condition, and other factors relevant to vulnerability;
(c) Development and use of placement criteria to avoid
assigning youth who present a moderate or high risk of sexually aggressive behavior to the same sleeping quarters as
youth assessed as vulnerable to sexual victimization, except
that they may be assigned to the same multiple-person sleeping quarters if those sleeping quarters are regularly monitored
by visual surveillance equipment or staff checks;
(d) Development and use of procedures for minimizing,
within available funds, unsupervised contact in state-operated or state-funded residential facilities between youth presenting moderate to high risk of sexually aggressive behavior
and youth assessed as vulnerable to sexual victimization. The
procedures shall include taking reasonable steps to prohibit
any youth committed under this chapter who present a moderate to high risk of sexually aggressive behavior from entering any sleeping quarters other than the one to which they are
assigned, unless accompanied by an authorized adult.
(2) For the purposes of this section, the following terms
have the following meanings:
(a) "Sleeping quarters" means the bedrooms or other
rooms within a residential facility where youth are assigned
to sleep.
(b) "Unsupervised contact" means contact occurring outside the sight or hearing of a responsible adult for more than
a reasonable period of time under the circumstances. [1997 c
386 § 50.]
Finding—Intent—1997 c 386 §§ 50-55: "The legislature finds that the
placement of children and youth in state-operated or state-funded residential
facilities must be done in such a manner as to protect children who are vulnerable to sexual victimization from youth who are sexually aggressive. To
achieve this purpose, the legislature intends the department of social and
health services to develop a policy for assessing sexual aggressiveness and
vulnerability to sexual victimization of children and youth who are placed in
state-operated or state-funded residential facilities." [1997 c 386 § 49.]
[Title 13 RCW—page 112]
13.40.480
13.40.480 Student records and information—Reasons for release—Who may request. (1) Pursuant to RCW
28A.600.475, and to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec.
1232g(b), and in order to serve the juvenile while in detention
and to prepare any postconviction services, schools shall
make all student records and information necessary for risk
assessment, security classification, and placement available
to court personnel and the department within three working
days of a request under this section.
(2)(a) When a juvenile has one or more prior convictions, a request for records shall be made by the county prosecuting attorney, or probation department if available, to the
school not more than ten days following the juvenile’s arrest
or detention, whichever occurs later, and prior to trial. The
request may be made by subpoena.
(b) Where a juvenile has no prior conviction, a request to
release records shall be made by subpoena upon the juvenile’s conviction. When the request for a juvenile’s student
records and information is made by subpoena following conviction, the court or other issuing agency shall order the
school on which the subpoena is served not to disclose to any
person the existence or contents of the subpoena or any information furnished in response to the subpoena. When the court
or issuing agency so orders, the school shall not provide
notice to the juvenile or his or her parents. [1998 c 269 § 12.]
Intent—Finding—Effective date—1998 c 269: See notes following
RCW 72.05.020.
13.40.500
13.40.500 Community juvenile accountability programs—Findings—Purpose. The legislature finds that
meaningful community involvement is vital to the juvenile
justice system’s ability to respond to the serious problem of
juvenile crime. Citizens and crime victims need to be active
partners in responding to crime, in the management of
resources, and in the disposition decisions regarding juvenile
offenders in their community. Involvement of citizens and
crime victims increase offender accountability and build
healthier communities, which will reduce recidivism and
crime rates in Washington state.
The legislature also finds that local governments are in
the best position to develop, coordinate, and manage local
community prevention, intervention, and corrections programs for juvenile offenders, and to determine local resource
priorities. Local community management will build upon
local values and increase local control of resources, encourage the use of a comprehensive range of community-based
intervention strategies.
The primary purpose of RCW 13.40.500 through
13.40.540, the community juvenile accountability act, is to
provide a continuum of community-based programs that
emphasize the juvenile offender’s accountability for his or
her actions while assisting him or her in the development of
skills necessary to function effectively and positively in the
community in a manner consistent with public safety. [1997
c 338 § 60.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Juvenile Justice Act of 1977
13.40.510 Community juvenile accountability programs—Establishment—Proposals—Guidelines. (1) In
order to receive funds under RCW 13.40.500 through
13.40.540, local governments may, through their respective
agencies that administer funding for consolidated juvenile
services, submit proposals that establish community juvenile
accountability programs within their communities. These
proposals must be submitted to the juvenile rehabilitation
administration of the department of social and health services
for certification.
(2) The proposals must:
(a) Demonstrate that the proposals were developed with
the input of the local law and justice councils established
under RCW 72.09.300;
(b) Describe how local community groups or members
are involved in the implementation of the programs funded
under RCW 13.40.500 through 13.40.540;
(c) Include a description of how the grant funds will contribute to the expected outcomes of the program and the
reduction of youth violence and juvenile crime in their community. Data approaches are not required to be replicated if
the networks have information that addresses risks in the
community for juvenile offenders.
(3) A local government receiving a grant under this section shall agree that any funds received must be used efficiently to encourage the use of community-based programs
that reduce the reliance on secure confinement as the sole
means of holding juvenile offenders accountable for their
crimes. The local government shall also agree to account for
the expenditure of all funds received under the grant and to
submit to audits for compliance with the grant criteria developed under RCW 13.40.520.
(4) The juvenile rehabilitation administration, in consultation with the Washington association of juvenile court
administrators and the state law and justice advisory council,
shall establish guidelines for programs that may be funded
under RCW 13.40.500 through 13.40.540. The guidelines
must:
(a) Target diverted and adjudicated juvenile offenders;
(b) Include assessment methods to determine services,
programs, and intervention strategies most likely to change
behaviors and norms of juvenile offenders;
(c) Provide maximum structured supervision in the community. Programs should use natural surveillance and community guardians such as employers, relatives, teachers,
clergy, and community mentors to the greatest extent possible;
(d) Promote good work ethic values and educational
skills and competencies necessary for the juvenile offender to
function effectively and positively in the community;
(e) Maximize the efficient delivery of treatment services
aimed at reducing risk factors associated with the commission of juvenile offenses;
(f) Maximize the reintegration of the juvenile offender
into the community upon release from confinement;
(g) Maximize the juvenile offender’s opportunities to
make full restitution to the victims and amends to the community;
(h) Support and encourage increased court discretion in
imposing community-based intervention strategies;
13.40.510
(2010 Ed.)
13.40.540
(i) Be compatible with research that shows which prevention and early intervention strategies work with juvenile
offenders;
(j) Be outcome-based in that it describes what outcomes
will be achieved or what outcomes have already been
achieved;
(k) Include an evaluation component; and
(l) Recognize the diversity of local needs.
(5) The state law and justice advisory council may provide support and technical assistance to local governments
for training and education regarding community-based prevention and intervention strategies. [2010 1st sp.s. c 7 § 62;
1997 c 338 § 61.]
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.520 Community juvenile accountability programs—Grants. (1) The state may make grants to local
governments for the provision of community-based programs
for juvenile offenders. The grants must be made under a grant
formula developed by the juvenile rehabilitation administration, in consultation with the Washington association of juvenile court administrators.
(2) Upon certification by the juvenile rehabilitation
administration that a proposal satisfies the application and
selection criteria, grant funds will be distributed to the local
government agency that administers funding for consolidated
juvenile services. [1997 c 338 § 62.]
13.40.520
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.530 Community juvenile accountability programs—Effectiveness standards. The legislature recognizes the importance of evaluation and outcome measurements of programs serving juvenile offenders in order to
ensure cost-effective use of public funds.
The Washington state institute for public policy shall
develop standards for measuring the effectiveness of juvenile
accountability programs established and approved under
RCW 13.40.510. The standards must be developed and presented to the governor and legislature not later than January
1, 1998. The standards must include methods for measuring
success factors following intervention. Success factors
include, but are not limited to, continued use of alcohol or
controlled substances, arrests, violations of terms of community supervision, convictions for subsequent offenses, and
restitution to victims. [1997 c 338 § 63.]
13.40.530
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.540 Community juvenile accountability programs—Information collection—Report. (1) Each community juvenile accountability program approved and funded
under RCW 13.40.500 through 13.40.540 shall comply with
the information collection requirements in subsection (2) of
13.40.540
[Title 13 RCW—page 113]
13.40.550
Title 13 RCW: Juvenile Courts and Juvenile Offenders
this section and the reporting requirements in subsection (3)
of this section.
(2) The information collected by each community juvenile accountability program must include, at a minimum for
each juvenile participant: (a) The name, date of birth, gender,
social security number, and, when available, the juvenile
information system (JUVIS) control number; (b) an initial
intake assessment of each juvenile participating in the program; (c) a list of all juveniles who completed the program;
and (d) an assessment upon completion or termination of
each juvenile, including outcomes and, where applicable,
reasons for termination.
(3) The juvenile rehabilitation administration shall annually compile the data and report to the legislature on: (a) The
programs funded under RCW 13.40.500 through 13.40.540;
(b) the total cost for each funded program and cost per juvenile; and (c) the essential elements of the program. [1997 c
338 § 64.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.550 Community juvenile accountability programs—Short title. RCW 13.40.500 through 13.40.540
may be known as the community juvenile accountability act.
[1997 c 338 § 66.]
13.40.550
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Additional notes found at www.leg.wa.gov
13.40.560 Juvenile accountability incentive account.
The juvenile accountability incentive account is created in
the custody of the state treasurer. Federal awards for juvenile
accountability incentives received by the secretary of the
department of social and health services shall be deposited
into the account. Interest earned from the inception of the
trust account shall be deposited in the account. Expenditures
from the account may be used only for the purposes specified
in the federal award or awards. Moneys in the account may be
spent only after appropriation. [1999 c 182 § 1.]
13.40.560
13.40.570 Sexual misconduct by state employees,
contractors. (1) When the secretary has reasonable cause to
believe that sexual intercourse or sexual contact between an
employee and an offender has occurred, notwithstanding any
rule adopted under chapter 41.06 RCW the secretary shall
immediately suspend the employee.
(2) The secretary shall immediately institute proceedings
to terminate the employment of any person:
(a) Who is found by the department, based on a preponderance of the evidence, to have had sexual intercourse or
sexual contact with the offender; or
(b) Upon a guilty plea or conviction for any crime specified in chapter 9A.44 RCW when the victim was an offender.
(3) When the secretary has reasonable cause to believe
that sexual intercourse or sexual contact between the
employee of a contractor and an offender has occurred, the
secretary shall require the employee of a contractor to be
immediately removed from any employment position which
13.40.570
[Title 13 RCW—page 114]
would permit the employee to have any access to any
offender.
(4) The secretary shall disqualify for employment with a
contractor in any position with access to an offender, any person:
(a) Who is found by the department, based on a preponderance of the evidence, to have had sexual intercourse or
sexual contact with the offender; or
(b) Upon a guilty plea or conviction for any crime specified in chapter 9A.44 RCW when the victim was an offender.
(5) The secretary, when considering the renewal of a
contract with a contractor who has taken action under subsection (3) or (4) of this section, shall require the contractor to
demonstrate that there has been significant progress made in
reducing the likelihood that any of its employees will have
sexual intercourse or sexual contact with an offender. The
secretary shall examine whether the contractor has taken
steps to improve hiring, training, and monitoring practices
and whether the employee remains with the contractor. The
secretary shall not renew a contract unless he or she determines that significant progress has been made.
(6)(a) For the purposes of RCW 50.20.060, a person terminated under this section shall be considered discharged for
misconduct.
(b)(i) The department may, within its discretion or upon
request of any member of the public, release information to
an individual or to the public regarding any person or contract
terminated under this section.
(ii) An appointed or elected public official, public
employee, or public agency as defined in RCW 4.24.470 is
immune from civil liability for damages for any discretionary
release of relevant and necessary information, unless it is
shown that the official, employee, or agency acted with gross
negligence or in bad faith. The immunity provided under this
section applies to the release of relevant and necessary information to other public officials, public employees, or public
agencies, and to the public.
(iii) Except as provided in chapter 42.56 RCW, or elsewhere, nothing in this section shall impose any liability upon
a public official, public employee, or public agency for failing to release information authorized under this section.
Nothing in this section implies that information regarding
persons designated in subsection (2) of this section is confidential except as may otherwise be provided by law.
(7) The department shall adopt rules to implement this
section. The rules shall reflect the legislative intent that this
section prohibits individuals who are employed by the
department or a contractor of the department from having
sexual intercourse or sexual contact with offenders. The
rules shall also reflect the legislative intent that when a person is employed by the department or a contractor of the
department, and has sexual intercourse or sexual contact with
an offender against the employed person’s will, the termination provisions of this section shall not be invoked.
(8) As used in this section:
(a) "Contractor" includes all subcontractors of a contractor;
(b) "Offender" means a person under the jurisdiction or
supervision of the department; and
(2010 Ed.)
Juvenile Justice Act of 1977
(c) "Sexual intercourse" and "sexual contact" have the
meanings provided in RCW 9A.44.010. [2005 c 274 § 210;
1999 c 72 § 1.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Additional notes found at www.leg.wa.gov
13.40.580 Youth courts—Diversion. Youth courts
provide a diversion for cases involving juvenile offenders, in
which participants, under the supervision of an adult coordinator, may serve in various capacities within the program,
acting in the role of jurors, lawyers, bailiffs, clerks, and
judges. Youths who appear before youth courts are youths
eligible for diversion pursuant to *RCW 13.40.070 (6) and
(7). Youth courts have no jurisdiction except as provided for
in chapter 237, Laws of 2002. Youth courts are diversion
units and not courts established under Article IV of the state
Constitution. [2002 c 237 § 9.]
13.40.580
*Reviser’s note: RCW 13.40.070 was amended by 2010 c 289 § 7,
changing subsection (7) to subsection (8).
13.40.590 Youth court programs. (1) The administrative office of the courts shall encourage the juvenile courts to
work with cities and counties to implement, expand, or use
youth court programs for juveniles who commit diversioneligible offenses, civil, or traffic infractions. Program operations of youth court programs may be funded by government
and private grants. Youth court programs are limited to those
that:
(a) Are developed using the guidelines for creating and
operating youth court programs developed by nationally recognized experts in youth court projects;
(b) Target offenders age eight through seventeen; and
(c) Emphasize the following principles:
(i) Youth must be held accountable for their problem
behavior;
(ii) Youth must be educated about the impact their
actions have on themselves and others including their victims, their families, and their community;
(iii) Youth must develop skills to resolve problems with
their peers more effectively; and
(iv) Youth should be provided a meaningful forum to
practice and enhance newly developed skills.
(2) Youth court programs under this section may be
established by private nonprofit organizations and schools,
upon prior approval and under the supervision of juvenile
court. [2002 c 237 § 10.]
13.40.590
13.40.600 Youth court jurisdiction. (1) Youth courts
have authority over juveniles ages eight through seventeen
who:
(a) Along with their parent, guardian, or legal custodian,
voluntarily and in writing request youth court involvement;
(b) Admit they have committed the offense they are
referred for;
(c) Along with their parent, guardian, or legal custodian,
waive any privilege against self-incrimination concerning the
offense; and
(d) Along with their parent, guardian, or legal custodian,
agree to comply with the youth court disposition of the case.
13.40.600
(2010 Ed.)
13.40.640
(2) Youth courts shall not exercise authority over youth
who are under the continuing jurisdiction of the juvenile
court for law violations, including a youth with a matter
pending before the juvenile court but which has not yet been
adjudicated.
(3) Youth courts may decline to accept a youth for youth
court disposition for any reason and may terminate a youth
from youth court participation at any time.
(4) A youth or his or her parent, guardian, or legal custodian may withdraw from the youth court process at any time.
(5) Youth courts shall give any victims of a juvenile the
opportunity to be notified, present, and heard in any youth
court proceeding. [2002 c 237 § 11.]
13.40.610 Youth court notification of satisfaction of
conditions. Youth court may not notify the juvenile court of
satisfaction of conditions until all ordered restitution has been
paid. [2002 c 237 § 12.]
13.40.610
13.40.620 Appearance before youth court with parent, guardian, or legal custodian. Every youth appearing
before a youth court shall be accompanied by his or her parent, guardian, or legal custodian. [2002 c 237 § 13.]
13.40.620
13.40.630 Youth court dispositions. (1) Youth court
dispositional options include those delineated in RCW
13.40.080, and may also include:
(a) Participating in law-related education classes, appropriate counseling, treatment, or other education [educational]
programs;
(b) Providing periodic reports to the youth court;
(c) Participating in mentoring programs;
(d) Serving as a participant in future youth court proceedings;
(e) Writing apology letters; or
(f) Writing essays.
(2) Youth courts shall not impose a term of confinement
or detention. Youth courts may require that the youth pay reasonable fees to participate in youth court and in classes, counseling, treatment, or other educational programs that are the
disposition of the youth court.
(3) A youth court disposition shall be completed within
one hundred eighty days from the date of referral.
(4) Pursuant to RCW 13.40.080(1), a youth court disposition shall be reduced to writing and signed by the youth and
his or her parent, guardian, or legal custodian accepting the
disposition terms.
(5) [A] youth court shall notify the juvenile court upon
successful or unsuccessful completion of the disposition.
(6) [A] youth court shall notify the prosecutor or probation counselor of a failure to successfully complete the youth
court disposition. [2002 c 237 § 14.]
13.40.630
13.40.640 Youth court nonrefundable fee. A youth
court may require that a youth pay a nonrefundable fee, not
exceeding thirty dollars, to cover the costs of administering
the program. The fee may be reduced or waived for a participant. Fees shall be paid to and accounted for by the youth
court. [2002 c 237 § 15.]
13.40.640
[Title 13 RCW—page 115]
13.40.650
Title 13 RCW: Juvenile Courts and Juvenile Offenders
13.40.650 Use of restraints on pregnant youth in custody—Allowed in extraordinary circumstances. (1)
Except in extraordinary circumstances, no restraints of any
kind may be used on any pregnant youth in an institution or
detention facility covered by this chapter during transportation to and from visits to medical providers and court proceedings during the third trimester of her pregnancy, or during postpartum recovery. For purposes of this section,
"extraordinary circumstances" exist where an employee at an
institution or detention facility makes an individualized
determination that restraints are necessary to prevent an
incarcerated pregnant youth from escaping, or from injuring
herself, medical or correctional personnel, or others. In the
event the employee of the institution or detention facility
determines that extraordinary circumstances exist and
restraints are used, the employee of the institution or detention facility must fully document in writing the reasons that
he or she determined such extraordinary circumstances
existed such that restraints were used. As part of this documentation, the employee of the institution or detention facility must also include the kind of restraints used and the reasons those restraints were considered the least restrictive
available and the most reasonable under the circumstances.
(2) While the pregnant youth is in labor or in childbirth
no restraints of any kind may be used. Nothing in this section
affects the use of hospital restraints requested for the medical
safety of a patient by treating physicians licensed under Title
18 RCW.
(3) Anytime restraints are permitted to be used on a pregnant youth, the restraints must be the least restrictive available and the most reasonable under the circumstances, but in
no case shall leg irons or waist chains be used on any youth
known to be pregnant.
(4) No employee of the institution or detention facility
shall be present in the room during the pregnant youth’s labor
or childbirth, unless specifically requested by medical personnel. If the employee’s presence is requested by medical
personnel, the employee should be female, if practicable.
(5) If the doctor, nurse, or other health professional treating the pregnant youth requests that restraints not be used, the
employee of the institution or detention facility accompanying the pregnant youth shall immediately remove all
restraints. [2010 c 181 § 11.]
13.40.650
13.40.651 Use of restraints on pregnant youth in custody—Provision of information to staff and pregnant
youth in custody. (1) The director of the juvenile detention
facility shall provide an informational packet about the
requirements of chapter 181, Laws of 2010 to all medical
staff and nonmedical staff who are involved in the transportation of youth who are pregnant, as well as such other staff as
appropriate. The informational packet provided to staff
under this section shall be developed as provided in RCW
70.48.800.
(2) The director shall cause the requirements of chapter
181, Laws of 2010 to be provided to all youth who are pregnant, at the time the facility assumes custody of the person.
In addition, the facility shall cause a notice containing the
requirements of chapter 181, Laws of 2010 to be posted in
conspicuous locations in the detention facilities, including
13.40.651
[Title 13 RCW—page 116]
but not limited to the locations in which medical care is provided within the facilities. [2010 c 181 § 12.]
13.40.900 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 43.]
13.40.900
Chapter 13.50 RCW
KEEPING AND RELEASE OF RECORDS BY
JUVENILE JUSTICE OR CARE AGENCIES
Chapter 13.50
Sections
13.50.010
13.50.050
13.50.100
13.50.140
13.50.150
13.50.160
13.50.200
13.50.250
Definitions—Conditions when filing petition or information—
Duties to maintain accurate records and access.
Records relating to commission of juvenile offenses—Maintenance of, access to, and destruction—Release of information
to schools.
Records not relating to commission of juvenile offenses—
Maintenance and access—Release of information for child
custody hearings—Disclosure of unfounded allegations prohibited.
Disclosure of privileged information to office of the family
and children’s ombudsman—Privilege not waived as to others.
Confidential records—Expungement to protect due process
rights.
Disposition records—Provision to schools.
Records of motor vehicle operation violation forwarded.
Records chapter applicable to.
Office of the family and children’s ombudsman: Chapter 43.06A RCW.
13.50.010 Definitions—Conditions when filing petition or information—Duties to maintain accurate records
and access. (1) For purposes of this chapter:
(a) "Juvenile justice or care agency" means any of the
following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the
legislative children’s oversight committee, the office of the
family and children’s ombudsman, the department of social
and health services and its contracting agencies, schools; persons or public or private agencies having children committed
to their custody; and any placement oversight committee created under RCW 72.05.415;
(b) "Official juvenile court file" means the legal file of
the juvenile court containing the petition or information,
motions, memorandums, briefs, findings of the court, and
court orders;
(c) "Records" means the official juvenile court file, the
social file, and records of any other juvenile justice or care
agency in the case;
(d) "Social file" means the juvenile court file containing
the records and reports of the probation counselor.
13.50.010
(2010 Ed.)
Keeping and Release of Records by Juvenile Justice or Care Agencies
(2) Each petition or information filed with the court may
include only one juvenile and each petition or information
shall be filed under a separate docket number. The social file
shall be filed separately from the official juvenile court file.
(3) It is the duty of any juvenile justice or care agency to
maintain accurate records. To this end:
(a) The agency may never knowingly record inaccurate
information. Any information in records maintained by the
department of social and health services relating to a petition
filed pursuant to chapter 13.34 RCW that is found by the
court to be false or inaccurate shall be corrected or expunged
from such records by the agency;
(b) An agency shall take reasonable steps to assure the
security of its records and prevent tampering with them; and
(c) An agency shall make reasonable efforts to insure the
completeness of its records, including action taken by other
agencies with respect to matters in its files.
(4) Each juvenile justice or care agency shall implement
procedures consistent with the provisions of this chapter to
facilitate inquiries concerning records.
(5) Any person who has reasonable cause to believe
information concerning that person is included in the records
of a juvenile justice or care agency and who has been denied
access to those records by the agency may make a motion to
the court for an order authorizing that person to inspect the
juvenile justice or care agency record concerning that person.
The court shall grant the motion to examine records unless it
finds that in the interests of justice or in the best interests of
the juvenile the records or parts of them should remain confidential.
(6) A juvenile, or his or her parents, or any person who
has reasonable cause to believe information concerning that
person is included in the records of a juvenile justice or care
agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the
record or challenging the continued possession of the record
by the agency. If the court grants the motion, it shall order
the record or information to be corrected or destroyed.
(7) The person making a motion under subsection (5) or
(6) of this section shall give reasonable notice of the motion
to all parties to the original action and to any agency whose
records will be affected by the motion.
(8) The court may permit inspection of records by, or
release of information to, any clinic, hospital, or agency
which has the subject person under care or treatment. The
court may also permit inspection by or release to individuals
or agencies, including juvenile justice advisory committees
of county law and justice councils, engaged in legitimate
research for educational, scientific, or public purposes. The
court shall release to the sentencing guidelines commission
records needed for its research and data-gathering functions
under RCW 9.94A.850 and other statutes. Access to records
or information for research purposes shall be permitted only
if the anonymity of all persons mentioned in the records or
information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for
research purposes shall present a notarized statement to the
court stating that the names of juveniles and parents will
remain confidential.
(9) Juvenile detention facilities shall release records to
the sentencing guidelines commission under RCW
(2010 Ed.)
13.50.050
9.94A.850 upon request. The commission shall not disclose
the names of any juveniles or parents mentioned in the
records without the named individual’s written permission.
(10) Requirements in this chapter relating to the court’s
authority to compel disclosure shall not apply to the legislative children’s oversight committee or the office of the family
and children’s ombudsman.
(11) For the purpose of research only, the administrative
office of the courts shall maintain an electronic research copy
of all records in the judicial information system related to
juveniles. Access to the research copy is restricted to the
Washington state center for court research. The Washington
state center for court research shall maintain the confidentiality of all confidential records and shall preserve the anonymity of all persons identified in the research copy. The
research copy may not be subject to any records retention
schedule and must include records destroyed or removed
from the judicial information system pursuant to RCW
13.50.050 (17) and (18) and 13.50.100(3).
(12) The court shall release to the Washington state
office of public defense records needed to implement the
agency’s oversight, technical assistance, and other functions
as required by RCW 2.70.020. Access to the records used as
a basis for oversight, technical assistance, or other agency
functions is restricted to the Washington state office of public
defense. The Washington state office of public defense shall
maintain the confidentiality of all confidential information
included in the records. [2010 c 150 § 3; 2009 c 440 § 1;
1998 c 269 § 4. Prior: 1997 c 386 § 21; 1997 c 338 § 39;
1996 c 232 § 6; 1994 sp.s. c 7 § 541; 1993 c 374 § 1; 1990 c
246 § 8; 1986 c 288 § 11; 1979 c 155 § 8.]
Intent—Finding—Effective date—1998 c 269: See notes following
RCW 72.05.020.
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
13.50.050 Records relating to commission of juvenile
offenses—Maintenance of, access to, and destruction—
Release of information to schools. (1) This section governs
records relating to the commission of juvenile offenses,
including records relating to diversions.
(2) The official juvenile court file of any alleged or
proven juvenile offender shall be open to public inspection,
unless sealed pursuant to subsection (12) of this section.
(3) All records other than the official juvenile court file
are confidential and may be released only as provided in this
section, RCW 13.50.010, 13.40.215, and 4.24.550.
(4) Except as otherwise provided in this section and
RCW 13.50.010, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an
investigation or case involving the juvenile in question is
being pursued by the other participant or when that other participant is assigned the responsibility for supervising the
juvenile.
(5) Except as provided in RCW 4.24.550, information
not in an official juvenile court file concerning a juvenile or a
juvenile’s family may be released to the public only when
13.50.050
[Title 13 RCW—page 117]
13.50.050
Title 13 RCW: Juvenile Courts and Juvenile Offenders
that information could not reasonably be expected to identify
the juvenile or the juvenile’s family.
(6) Notwithstanding any other provision of this chapter,
the release, to the juvenile or his or her attorney, of law
enforcement and prosecuting attorneys’ records pertaining to
investigation, diversion, and prosecution of juvenile offenses
shall be governed by the rules of discovery and other rules of
law applicable in adult criminal investigations and prosecutions.
(7) Upon the decision to arrest or the arrest, law enforcement and prosecuting attorneys may cooperate with schools
in releasing information to a school pertaining to the investigation, diversion, and prosecution of a juvenile attending the
school. Upon the decision to arrest or the arrest, incident
reports may be released unless releasing the records would
jeopardize the investigation or prosecution or endanger witnesses. If release of incident reports would jeopardize the
investigation or prosecution or endanger witnesses, law
enforcement and prosecuting attorneys may release information to the maximum extent possible to assist schools in protecting other students, staff, and school property.
(8) The juvenile court and the prosecutor may set up and
maintain a central recordkeeping system which may receive
information on all alleged juvenile offenders against whom a
complaint has been filed pursuant to RCW 13.40.070
whether or not their cases are currently pending before the
court. The central recordkeeping system may be computerized. If a complaint has been referred to a diversion unit, the
diversion unit shall promptly report to the juvenile court or
the prosecuting attorney when the juvenile has agreed to
diversion. An offense shall not be reported as criminal history in any central recordkeeping system without notification
by the diversion unit of the date on which the offender agreed
to diversion.
(9) Upon request of the victim of a crime or the victim’s
immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime
against the victim and the identity of the alleged or proven
juvenile offender’s parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to
the victim of the crime or the victim’s immediate family.
(10) Subject to the rules of discovery applicable in adult
criminal prosecutions, the juvenile offense records of an adult
criminal defendant or witness in an adult criminal proceeding
shall be released upon request to prosecution and defense
counsel after a charge has actually been filed. The juvenile
offense records of any adult convicted of a crime and placed
under the supervision of the adult corrections system shall be
released upon request to the adult corrections system.
(11) In any case in which an information has been filed
pursuant to RCW 13.40.100 or a complaint has been filed
with the prosecutor and referred for diversion pursuant to
RCW 13.40.070, the person the subject of the information or
complaint may file a motion with the court to have the court
vacate its order and findings, if any, and, subject to subsection (23) of this section, order the sealing of the official juvenile court file, the social file, and records of the court and of
any other agency in the case.
(12)(a) The court shall not grant any motion to seal
records for class A offenses made pursuant to subsection (11)
of this section that is filed on or after July 1, 1997, unless:
[Title 13 RCW—page 118]
(i) Since the last date of release from confinement,
including full-time residential treatment, if any, or entry of
disposition, the person has spent five consecutive years in the
community without committing any offense or crime that
subsequently results in an adjudication or conviction;
(ii) No proceeding is pending against the moving party
seeking the conviction of a juvenile offense or a criminal
offense;
(iii) No proceeding is pending seeking the formation of a
diversion agreement with that person;
(iv) The person has not been convicted of a sex offense;
and
(v) Full restitution has been paid.
(b) The court shall not grant any motion to seal records
for class B, C, gross misdemeanor and misdemeanor offenses
and diversions made under subsection (11) of this section
unless:
(i) Since the date of last release from confinement,
including full-time residential treatment, if any, entry of disposition, or completion of the diversion agreement, the person has spent two consecutive years in the community without being convicted of any offense or crime;
(ii) No proceeding is pending against the moving party
seeking the conviction of a juvenile offense or a criminal
offense;
(iii) No proceeding is pending seeking the formation of a
diversion agreement with that person;
(iv) The person has not been convicted of a sex offense;
and
(v) Full restitution has been paid.
(13) The person making a motion pursuant to subsection
(11) of this section shall give reasonable notice of the motion
to the prosecution and to any person or agency whose files
are sought to be sealed.
(14) If the court grants the motion to seal made pursuant
to subsection (11) of this section, it shall, subject to subsection (23) of this section, order sealed the official juvenile
court file, the social file, and other records relating to the case
as are named in the order. Thereafter, the proceedings in the
case shall be treated as if they never occurred, and the subject
of the records may reply accordingly to any inquiry about the
events, records of which are sealed. Any agency shall reply
to any inquiry concerning confidential or sealed records that
records are confidential, and no information can be given
about the existence or nonexistence of records concerning an
individual.
(15) Inspection of the files and records included in the
order to seal may thereafter be permitted only by order of the
court upon motion made by the person who is the subject of
the information or complaint, except as otherwise provided in
RCW 13.50.010(8) and subsection (23) of this section.
(16) Any adjudication of a juvenile offense or a crime
subsequent to sealing has the effect of nullifying the sealing
order. Any charging of an adult felony subsequent to the
sealing has the effect of nullifying the sealing order for the
purposes of chapter 9.94A RCW. The administrative office
of the courts shall ensure that the superior court judicial information system provides prosecutors access to information on
the existence of sealed juvenile records.
(17)(a)(i) Subject to subsection (23) of this section, all
records maintained by any court or law enforcement agency,
(2010 Ed.)
Keeping and Release of Records by Juvenile Justice or Care Agencies
including the juvenile court, local law enforcement, the
Washington state patrol, and the prosecutor’s office, shall be
automatically destroyed within ninety days of becoming eligible for destruction. Juvenile records are eligible for
destruction when:
(A) The person who is the subject of the information or
complaint is at least eighteen years of age;
(B) His or her criminal history consists entirely of one
diversion agreement or counsel and release entered on or
after June 12, 2008;
(C) Two years have elapsed since completion of the
agreement or counsel and release;
(D) No proceeding is pending against the person seeking
the conviction of a criminal offense; and
(E) There is no restitution owing in the case.
(ii) No less than quarterly, the administrative office of
the courts shall provide a report to the juvenile courts of those
individuals whose records may be eligible for destruction.
The juvenile court shall verify eligibility and notify the
Washington state patrol and the appropriate local law
enforcement agency and prosecutor’s office of the records to
be destroyed. The requirement to destroy records under this
subsection is not dependent on a court hearing or the issuance
of a court order to destroy records.
(iii) The state and local governments and their officers
and employees are not liable for civil damages for the failure
to destroy records pursuant to this section.
(b) A person eighteen years of age or older whose criminal history consists entirely of one diversion agreement or
counsel and release entered prior to June 12, 2008, may
request that the court order the records in his or her case
destroyed. The request shall be granted, subject to subsection
(23) of this section, if the court finds that two years have
elapsed since completion of the agreement or counsel and
release.
(c) A person twenty-three years of age or older whose
criminal history consists of only referrals for diversion may
request that the court order the records in those cases
destroyed. The request shall be granted, subject to subsection
(23) of this section, if the court finds that all diversion agreements have been successfully completed and no proceeding
is pending against the person seeking the conviction of a
criminal offense.
(18) If the court grants the motion to destroy records
made pursuant to subsection (17)(b) or (c) of this section, it
shall, subject to subsection (23) of this section, order the official juvenile court file, the social file, and any other records
named in the order to be destroyed.
(19) The person making the motion pursuant to subsection (17)(b) or (c) of this section shall give reasonable notice
of the motion to the prosecuting attorney and to any agency
whose records are sought to be destroyed.
(20) Any juvenile to whom the provisions of this section
may apply shall be given written notice of his or her rights
under this section at the time of his or her disposition hearing
or during the diversion process.
(21) Nothing in this section may be construed to prevent
a crime victim or a member of the victim’s family from
divulging the identity of the alleged or proven juvenile
offender or his or her family when necessary in a civil proceeding.
(2010 Ed.)
13.50.100
(22) Any juvenile justice or care agency may, subject to
the limitations in subsection (23) of this section and (a) and
(b) of this subsection, develop procedures for the routine
destruction of records relating to juvenile offenses and diversions.
(a) Records may be routinely destroyed only when the
person the subject of the information or complaint has
attained twenty-three years of age or older or pursuant to subsection (17)(a) of this section.
(b) The court may not routinely destroy the official juvenile court file or recordings or transcripts of any proceedings.
(23) No identifying information held by the Washington
state patrol in accordance with chapter 43.43 RCW is subject
to destruction or sealing under this section. For the purposes
of this subsection, identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any
other data that identifies a person by physical characteristics,
name, birthdate or address, but does not include information
regarding criminal activity, arrest, charging, diversion, conviction or other information about a person’s treatment by the
criminal justice system or about the person’s behavior.
(24) Information identifying child victims under age
eighteen who are victims of sexual assaults by juvenile
offenders is confidential and not subject to release to the
press or public without the permission of the child victim or
the child’s legal guardian. Identifying information includes
the child victim’s name, addresses, location, photographs,
and in cases in which the child victim is a relative of the
alleged perpetrator, identification of the relationship between
the child and the alleged perpetrator. Information identifying
a child victim of sexual assault may be released to law
enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the
child victim of sexual assault. [2010 c 150 § 2; 2008 c 221 §
1; 2004 c 42 § 1. Prior: 2001 c 175 § 1; 2001 c 174 § 1; 2001
c 49 § 2; 1999 c 198 § 4; 1997 c 338 § 40; 1992 c 188 § 7;
1990 c 3 § 125; 1987 c 450 § 8; 1986 c 257 § 33; 1984 c 43 §
1; 1983 c 191 § 19; 1981 c 299 § 19; 1979 c 155 § 9.]
Rules of court: Superior Court Criminal Rules (CrR), generally. Discovery: CrR 4.7.
Intent—2001 c 49: "The legislature intends to change the results of the
holding of State v. T. K., 139 Wn. 2d 320 (1999), and have any motion made
after July 1, 1997, to seal juvenile records be determined by the provisions of
RCW 13.50.050 in effect after July 1, 1997." [2001 c 49 § 1.]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Findings—Intent—Severability—1992 c 188: See notes following
RCW 7.69A.020.
Additional notes found at www.leg.wa.gov
13.50.100 Records not relating to commission of
juvenile offenses—Maintenance and access—Release of
information for child custody hearings—Disclosure of
unfounded allegations prohibited. (1) This section governs
records not covered by RCW 13.50.050.
(2) Records covered by this section shall be confidential
and shall be released only pursuant to this section and RCW
13.50.010.
(3) Records retained or produced by any juvenile justice
or care agency may be released to other participants in the
juvenile justice or care system only when an investigation or
13.50.100
[Title 13 RCW—page 119]
13.50.140
Title 13 RCW: Juvenile Courts and Juvenile Offenders
case involving the juvenile in question is being pursued by
the other participant or when that other participant is assigned
the responsibility of supervising the juvenile. Records covered under this section and maintained by the juvenile courts
which relate to the official actions of the agency may be
entered in the statewide judicial information system. However, truancy records associated with a juvenile who has no
other case history, and records of a juvenile’s parents who
have no other case history, shall be removed from the judicial
information system when the juvenile is no longer subject to
the compulsory attendance laws in chapter 28A.225 RCW. A
county clerk is not liable for unauthorized release of this data
by persons or agencies not in his or her employ or otherwise
subject to his or her control, nor is the county clerk liable for
inaccurate or incomplete information collected from litigants
or other persons required to provide identifying data pursuant
to this section.
(4) Subject to (a) of this subsection, the department of
social and health services may release information retained in
the course of conducting child protective services investigations to a family or juvenile court hearing a petition for custody under chapter 26.10 RCW.
(a) Information that may be released shall be limited to
information regarding investigations in which: (i) The juvenile was an alleged victim of abandonment or abuse or
neglect; or (ii) the petitioner for custody of the juvenile, or
any individual aged sixteen or older residing in the petitioner’s household, is the subject of a founded or currently
pending child protective services investigation made by the
department subsequent to October 1, 1998.
(b) Additional information may only be released with the
written consent of the subject of the investigation and the
juvenile alleged to be the victim of abandonment or abuse
and neglect, or the parent, custodian, guardian, or personal
representative of the juvenile, or by court order obtained with
notice to all interested parties.
(5) Any disclosure of records or information by the
department of social and health services pursuant to this section shall not be deemed a waiver of any confidentiality or
privilege attached to the records or information by operation
of any state or federal statute or regulation, and any recipient
of such records or information shall maintain it in such a
manner as to comply with such state and federal statutes and
regulations and to protect against unauthorized disclosure.
(6) A contracting agency or service provider of the
department of social and health services that provides counseling, psychological, psychiatric, or medical services may
release to the office of the family and children’s ombudsman
information or records relating to services provided to a juvenile who is dependent under chapter 13.34 RCW without the
consent of the parent or guardian of the juvenile, or of the
juvenile if the juvenile is under the age of thirteen years,
unless such release is otherwise specifically prohibited by
law.
(7) A juvenile, his or her parents, the juvenile’s attorney
and the juvenile’s parent’s attorney, shall, upon request, be
given access to all records and information collected or
retained by a juvenile justice or care agency which pertain to
the juvenile except:
(a) If it is determined by the agency that release of this
information is likely to cause severe psychological or physi[Title 13 RCW—page 120]
cal harm to the juvenile or his or her parents the agency may
withhold the information subject to other order of the court:
PROVIDED, That if the court determines that limited release
of the information is appropriate, the court may specify terms
and conditions for the release of the information; or
(b) If the information or record has been obtained by a
juvenile justice or care agency in connection with the provision of counseling, psychological, psychiatric, or medical
services to the juvenile, when the services have been sought
voluntarily by the juvenile, and the juvenile has a legal right
to receive those services without the consent of any person or
agency, then the information or record may not be disclosed
to the juvenile’s parents without the informed consent of the
juvenile unless otherwise authorized by law; or
(c) That the department of social and health services may
delete the name and identifying information regarding persons or organizations who have reported alleged child abuse
or neglect.
(8) A juvenile or his or her parent denied access to any
records following an agency determination under subsection
(7) of this section may file a motion in juvenile court requesting access to the records. The court shall grant the motion
unless it finds access may not be permitted according to the
standards found in subsection (7)(a) and (b) of this section.
(9) The person making a motion under subsection (8) of
this section shall give reasonable notice of the motion to all
parties to the original action and to any agency whose records
will be affected by the motion.
(10) Subject to the rules of discovery in civil cases, any
party to a proceeding seeking a declaration of dependency or
a termination of the parent-child relationship and any party’s
counsel and the guardian ad litem of any party, shall have
access to the records of any natural or adoptive child of the
parent, subject to the limitations in subsection (7) of this section. A party denied access to records may request judicial
review of the denial. If the party prevails, he or she shall be
awarded attorneys’ fees, costs, and an amount not less than
five dollars and not more than one hundred dollars for each
day the records were wrongfully denied.
(11) No unfounded allegation of child abuse or neglect
as defined in *RCW 26.44.020(12) may be disclosed to a
child-placing agency, private adoption agency, or any other
licensed provider. [2003 c 105 § 2; 2001 c 162 § 2; 2000 c
162 § 18; 1999 c 390 § 3; 1997 c 386 § 22; 1995 c 311 § 16;
1990 c 246 § 9; 1983 c 191 § 20; 1979 c 155 § 10.]
*Reviser’s note: RCW 26.44.020 was amended by 2007 c 220 § 1,
changing subsection (12) to subsection (1), effective October 1, 2008.
Additional notes found at www.leg.wa.gov
13.50.140 Disclosure of privileged information to
office of the family and children’s ombudsman—Privilege not waived as to others. Any communication or advice
privileged under RCW 5.60.060 that is disclosed by the
office of the attorney general or the department of social and
health services to the office of the family and children’s
ombudsman may not be deemed to be a waiver of the privilege as to others. [1999 c 390 § 8.]
13.50.140
13.50.150 Confidential records—Expungement to
protect due process rights. Nothing in this chapter shall be
construed to prevent the expungement of any juvenile record
13.50.150
(2010 Ed.)
Missing Children Clearinghouse
ordered expunged by a court to preserve the due process
rights of its subject. [1977 ex.s. c 291 § 13. Formerly RCW
13.04.276, see 1979 c 155 § 12.]
Additional notes found at www.leg.wa.gov
13.50.160 Disposition records—Provision to schools.
Records of disposition for a juvenile offense must be provided to schools as provided in RCW 13.04.155. [1997 c 266
§ 8.]
13.50.160
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
13.50.200 Records of motor vehicle operation violation forwarded. Notwithstanding any other provision of this
chapter, whenever a child is arrested for a violation of any
law, including municipal ordinances, regulating the operation
of vehicles on the public highways, a copy of the traffic citation and a record of the action taken by the court shall be forwarded by the juvenile court to the department of licensing in
the same manner as provided in RCW 46.20.270. [1979 c
155 § 13; 1977 ex.s. c 291 § 14. Formerly RCW 13.04.278.]
13.50.200
Additional notes found at www.leg.wa.gov
13.50.250 Records chapter applicable to. This chapter applies to all juvenile justice or care agency records created on or after July 1, 1978. [1979 c 155 § 11.]
13.50.250
Additional notes found at www.leg.wa.gov
Chapter 13.60 RCW
MISSING CHILDREN CLEARINGHOUSE
Chapter 13.60
Sections
13.60.010
13.60.020
13.60.030
13.60.040
13.60.050
13.60.100
13.60.110
13.60.120
Missing children clearinghouse—Hot line—Distribution of
information—Amber alert plan.
Entry of information on missing children into missing person
computer network—Access.
Information and education regarding missing children—Plan.
Children receiving services from department of social and
health services—Reporting by the department—Notification
of child’s whereabouts.
Endangered missing person advisory plan.
Task force on missing and exploited children—Findings,
intent.
Task force on missing and exploited children—Establishment—Activities.
Task force on missing and exploited children—Advisory
board.
13.60.010 Missing children clearinghouse—Hot
line—Distribution of information—Amber alert plan.
The Washington state patrol shall establish a missing children clearinghouse which shall include the maintenance and
operation of a toll-free, twenty-four-hour telephone hotline.
The clearinghouse shall distribute information to local law
enforcement agencies, school districts, the department of
social and health services, and the general public regarding
missing children. The information shall include pictures,
bulletins, training sessions, reports, and biographical materials that will assist in local law enforcement efforts to locate
missing children. The state patrol shall also maintain a regularly updated computerized link with national and other statewide missing person systems or clearinghouses, and within
existing resources, shall develop and implement a plan, commonly known as an "amber alert plan," for voluntary cooper13.60.010
(2010 Ed.)
13.60.040
ation between local, state, tribal, and other law enforcement
agencies, state government agencies, radio and television stations, and cable and satellite systems to enhance the public’s
ability to assist in recovering abducted children.
"Child" or "children," as used in this chapter, means an
individual under eighteen years of age. [2009 c 20 § 1; 1985
c 443 § 22.]
Additional notes found at www.leg.wa.gov
13.60.020
13.60.020 Entry of information on missing children
into missing person computer network—Access. Local
law enforcement agencies shall file an official missing person
report and enter biographical information into the state missing person computerized network within twelve hours after
notification of a missing child is received under *RCW
13.32A.050 (1), (3), or (4). The patrol shall collect such
information as will enable it to retrieve immediately the following information about a missing child: Name, date of
birth, social security number, fingerprint classification, relevant physical descriptions, and known associates and locations. Access to the preceding information shall be available
to appropriate law enforcement agencies, and to parents and
legal guardians, when appropriate. [1985 c 443 § 23.]
*Reviser’s note: RCW 13.32A.050 was amended by 1995 c 312 § 6,
changing subsections (1), (3), and (4) to subsection (1)(a), (c), and (d),
respectively.
Additional notes found at www.leg.wa.gov
13.60.030
13.60.030 Information and education regarding
missing children—Plan. The superintendent of public
instruction shall meet semiannually with the Washington
state patrol to develop a coordinated plan for the distribution
of information and education of teachers and students in the
school districts of the state regarding the missing children
problem in the state. The superintendent of public instruction
shall encourage local school districts to cooperate by providing the state patrol information on any missing children that
may be identified within the district. [1985 c 443 § 24.]
Additional notes found at www.leg.wa.gov
13.60.040
13.60.040 Children receiving services from department of social and health services—Reporting by the
department—Notification of child’s whereabouts. The
department of social and health services shall develop a procedure for reporting missing children information to the
missing children clearinghouse on children who are receiving
departmental services in each of its administrative regions.
The purpose of this procedure is to link parents to missing
children. When the department has obtained information that
a minor child has been located at a facility funded by the
department, the department shall notify the clearinghouse
and the child’s legal custodian, advising the custodian of the
child’s whereabouts or that the child is subject to a dependency action. The department shall inform the clearinghouse
when reunification occurs. [1999 c 267 § 18.]
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
Short title—Purpose—Entitlement not granted—Federal waivers—1999 c 267 §§ 10-26: See RCW 74.15.900 and 74.15.901.
[Title 13 RCW—page 121]
13.60.050
Title 13 RCW: Juvenile Courts and Juvenile Offenders
13.60.050 Endangered missing person advisory plan.
Within existing resources, the Washington state patrol shall
develop and implement a plan, commonly known as an
"endangered missing person advisory plan," for voluntary
cooperation between local, state, tribal, and other law
enforcement agencies, state government agencies, radio and
television stations, and cable and satellite systems to enhance
the public’s ability to assist in recovering endangered missing
persons who do not qualify for inclusion in an amber alert.
[2009 c 20 § 2.]
13.60.050
13.60.100 Task force on missing and exploited children—Findings, intent. The legislature finds a compelling
need to address the problem of missing children, whether
those children have been abducted by a stranger, are missing
due to custodial interference, or are classified as runaways.
Washington state ranks twelfth in the nation for active cases
of missing juveniles and, at any given time, more than one
thousand eight hundred Washington children are reported as
missing. The potential for physical and psychological trauma
to these children is extreme. Therefore, the legislature finds
that it is paramount for the safety of these children that there
be a concerted effort to resolve cases of missing and
exploited children.
Due to the complexity of many child abduction cases,
most law enforcement personnel are unprepared and lack
adequate resources to successfully and efficiently investigate
these crimes. Therefore, it is the intent of the legislature that
a multiagency task force be established within the Washington state patrol, to be available to assist local jurisdictions in
missing child cases through referrals, on-site assistance, case
management, and training. The legislature intends that the
task force will increase the effectiveness of a specific case
investigation by drawing from the combined resources,
knowledge, and technical expertise of the members of the
task force. [1999 c 168 § 1.]
13.60.100
Additional notes found at www.leg.wa.gov
13.60.110 Task force on missing and exploited children—Establishment—Activities. (1) A task force on
missing and exploited children is established in the Washington state patrol. The task force shall be under the direction of
the chief of the state patrol.
(2) The task force is authorized to assist law enforcement
agencies, upon request, in cases involving missing or
exploited children by:
(a) Direct assistance and case management;
(b) Technical assistance;
(c) Personnel training;
(d) Referral for assistance from local, state, national, and
international agencies; and
(e) Coordination and information sharing among local,
state, interstate, and federal law enforcement and social service agencies.
(3) To maximize the efficiency and effectiveness of state
resources and to improve interagency cooperation, the task
force shall, where feasible, use existing facilities, systems,
and staff made available by the state patrol and other local,
state, interstate, and federal law enforcement and social service agencies. The chief of the state patrol may employ such
13.60.110
[Title 13 RCW—page 122]
additional personnel as are necessary for the work of the task
force and may share personnel costs with other agencies.
(4) The chief of the state patrol shall seek public and private grants and gifts to support the work of the task force.
(5) For the purposes of RCW 13.60.100 through
13.60.120, "exploited children" means children under the age
of eighteen who are employed, used, persuaded, induced,
enticed, or coerced to engage in, or assist another person to
engage in, sexually explicit conduct. "Exploited children"
also means the rape, molestation, or use for prostitution of
children under the age of eighteen. [2009 c 518 § 4; 1999 c
168 § 2.]
Additional notes found at www.leg.wa.gov
13.60.120 Task force on missing and exploited children—Advisory board. The advisory board on missing and
exploited children is established to advise the chief of the
Washington state patrol on the objectives, conduct, management, and coordination of the various activities of the task
force on missing and exploited children.
(1) The chief of the state patrol shall appoint five members to the advisory board: (a) One member shall be a county
prosecuting attorney or a representative and shall be
appointed in consultation with the elected county prosecutors; (b) two members shall be a municipal police chief and a
county sheriff, or their representatives, and shall be appointed
in consultation with the association of sheriffs and police
chiefs under RCW 36.28A.010; (c) one member shall be a
representative of the state patrol; and (d) one member shall be
a representative of parents of missing or exploited children.
(2) A sixth member of the board shall represent and be
appointed by the attorney general.
(3) To improve interagency communication and coordination, the chief of the state patrol shall invite representatives
of federal law enforcement agencies and state social service
agencies to participate in the advisory board.
(4) The members of the board shall be qualified on the
basis of knowledge and experience as may contribute to the
effective performance of the board’s duties. The board shall
elect its own chair from among its members. Meetings of the
board may be convened at the call of the chair or by a majority of the members.
(5) The term of each member of the board shall be two
years and shall be conditioned upon the member retaining the
official position from which the member was appointed.
[1999 c 168 § 3.]
13.60.120
Additional notes found at www.leg.wa.gov
Chapter 13.64
Chapter 13.64 RCW
EMANCIPATION OF MINORS
Sections
13.64.010
13.64.020
13.64.030
13.64.040
13.64.050
13.64.060
13.64.070
13.64.080
13.64.900
Declaration of emancipation.
Petition for emancipation—Filing fees.
Service of petition—Notice—Date of hearing.
Hearing on petition.
Emancipation decree—Certified copy—Notation of emancipated status.
Power and capacity of emancipated minor.
Declaration of emancipation—Voidable.
Forms to initiate petition of emancipation.
Effective date—1993 c 294.
(2010 Ed.)
Emancipation of Minors
13.64.901
Construction—Chapter applicable to state registered domestic
partnerships—2009 c 521.
13.64.010 Declaration of emancipation. Any minor
who is sixteen years of age or older and who is a resident of
this state may petition in the superior court for a declaration
of emancipation. [1993 c 294 § 1.]
13.64.010
13.64.020 Petition for emancipation—Filing fees. (1)
A petition for emancipation shall be signed and verified by
the petitioner, and shall include the following information:
(a) The full name of the petitioner, the petitioner’s birthdate,
and the state and county of birth; (b) a certified copy of the
petitioner’s birth certificate; (c) the name and last known
address of the petitioner’s parent or parents, guardian, or custodian; (d) the petitioner’s present address, and length of residence at that address; (e) a declaration by the petitioner indicating that he or she has the ability to manage his or her financial affairs, including any supporting information; and (f) a
declaration by the petitioner indicating that he or she has the
ability to manage his or her personal, social, educational, and
nonfinancial affairs, including any supporting information.
(2) Fees for this section are set under RCW 36.18.014.
[1995 c 292 § 7; 1993 c 294 § 2.]
13.64.020
13.64.030 Service of petition—Notice—Date of hearing. The petitioner shall serve a copy of the filed petition and
notice of hearing on the petitioner’s parent or parents, guardian, or custodian at least fifteen days before the emancipation
hearing. No summons shall be required. Service shall be
waived if proof is made to the court that the address of the
parent or parents, guardian, or custodian is unavailable or
unascertainable. The petitioner shall also serve notice of the
hearing on the department if the petitioner is subject to
dependency disposition order under RCW 13.34.130. The
hearing shall be held no later than sixty days after the date on
which the petition is filed. [1993 c 294 § 3.]
13.64.030
13.64.040 Hearing on petition. (1) The hearing on the
petition shall be before a judicial officer, sitting without a
jury. Prior to the presentation of proof the judicial officer
shall determine whether: (a) The petitioning minor understands the consequences of the petition regarding his or her
legal rights and responsibilities; (b) a guardian ad litem
should be appointed to investigate the allegations of the petition and file a report with the court.
(2) For the purposes of this section, the term "judicial
officer" means: (a) A judge; (b) a superior court commissioner of a unified family court if the county operates a unified family court; or (c) any superior court commissioner if
the county does not operate a unified family court. The term
does not include a judge pro tempore. [2001 c 161 § 1; 1993
c 294 § 4.]
13.64.040
13.64.050 Emancipation decree—Certified copy—
Notation of emancipated status. (1) The court shall grant
the petition for emancipation, except as provided in subsection (2) of this section, if the petitioner proves the following
facts by clear and convincing evidence: (a) That the petitioner is sixteen years of age or older; (b) that the petitioner is
a resident of the state; (c) that the petitioner has the ability to
13.64.050
(2010 Ed.)
13.64.070
manage his or her financial affairs; and (d) that the petitioner
has the ability to manage his or her personal, social, educational, and nonfinancial affairs.
(2) A parent, guardian, custodian, or in the case of a
dependent minor, the department, may oppose the petition for
emancipation. The court shall deny the petition unless it
finds, by clear and convincing evidence, that denial of the
grant of emancipation would be detrimental to the interests of
the minor.
(3) Upon entry of a decree of emancipation by the court
the petitioner shall be given a certified copy of the decree.
The decree shall instruct the petitioner to obtain a Washington driver’s license or a Washington identification card and
direct the department of licensing make a notation of the
emancipated status on the license or identification card.
[1993 c 294 § 5.]
13.64.060 Power and capacity of emancipated minor.
(1) An emancipated minor shall be considered to have the
power and capacity of an adult, except as provided in subsection (2) of this section. A minor shall be considered emancipated for the purposes of, but not limited to:
(a) The termination of parental obligations of financial
support, care, supervision, and any other obligation the parent
may have by virtue of the parent-child relationship, including
obligations imposed because of marital dissolution;
(b) The right to sue or be sued in his or her own name;
(c) The right to retain his or her own earnings;
(d) The right to establish a separate residence or domicile;
(e) The right to enter into nonvoidable contracts;
(f) The right to act autonomously, and with the power
and capacity of an adult, in all business relationships, including but not limited to property transactions;
(g) The right to work, and earn a living, subject only to
the health and safety regulations designed to protect those
under age of majority regardless of their legal status; and
(h) The right to give informed consent for receiving
health care services.
(2) An emancipated minor shall not be considered an
adult for: (a) The purposes of the adult criminal laws of the
state unless the decline of jurisdiction procedures contained
in RCW 13.40.110 are used or the minor is tried in criminal
court pursuant to *RCW 13.04.030(1)(e)(iv); (b) the criminal
laws of the state when the emancipated minor is a victim and
the age of the victim is an element of the offense; or (c) those
specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, possession of firearms, and other health and safety regulations relevant to the
minor because of the minor’s age. [1994 sp.s. c 7 § 436; 1993
c 294 § 6.]
13.64.060
*Reviser’s note: RCW 13.04.030 was amended by 1997 c 341 § 3,
changing subsection (1)(e)(iv) to subsection (1)(e)(v).
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Additional notes found at www.leg.wa.gov
13.64.070 Declaration of emancipation—Voidable.
A declaration of emancipation obtained by fraud is voidable.
The voiding of any such declaration shall not affect any obli13.64.070
[Title 13 RCW—page 123]
13.64.080
Title 13 RCW: Juvenile Courts and Juvenile Offenders
gations, rights, or interests that arose during the period the
declaration was in effect. [1993 c 294 § 7.]
13.64.080 Forms to initiate petition of emancipation.
The administrative office of the courts shall prepare and distribute to the county court clerks appropriate forms for
minors seeking to initiate a petition of emancipation. [2005 c
282 § 28; 1993 c 294 § 8.]
13.64.080
13.64.900 Effective date—1993 c 294. This act shall
take effect January 1, 1994. [1993 c 294 § 11.]
13.64.900
13.64.901 Construction—Chapter applicable to state
registered domestic partnerships—2009 c 521. For the
purposes of this chapter, the terms spouse, marriage, marital,
husband, wife, widow, widower, next of kin, and family shall
be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply
equally to state registered domestic partnerships that have
been terminated, dissolved, or invalidated, to the extent that
such interpretation does not conflict with federal law. Where
necessary to implement chapter 521, Laws of 2009, genderspecific terms such as husband and wife used in any statute,
rule, or other law shall be construed to be gender neutral, and
applicable to individuals in state registered domestic partnerships. [2009 c 521 § 44.]
13.64.901
Chapter 13.80 RCW
LEARNING AND LIFE SKILLS GRANT PROGRAM
Chapter 13.80
Sections
13.80.010
13.80.020
13.80.030
13.80.040
13.80.050
Purpose.
Definitions.
Program grants.
Rules.
Evaluation.
13.80.030 Program grants. (1) The learning and life
skills program grants shall be administered by the department.
(2) The department shall select individual school districts or groups of school districts through an educational service district that agree to establish a program for courtinvolved youth. To be eligible for grants, the district shall
agree to expend for the program no less than the amount of
state funds received on a full-time equivalent student basis
for the number of full-time equivalent students participating
in the program. The school district shall also transmit to the
program any federal funds received for students participating
in the program. During the 1994-95 school year, only school
districts or educational service districts operating a program
for court-involved youth on or before June 1, 1993, are eligible for grants.
(3) The department shall grant funds, to the extent funds
are appropriated, to selected districts for the district to provide or contract for the provision of facilities and case management and counseling services for students in the program.
(4) In selecting districts, the department shall require districts to enter into agreements. Districts participating in the
program shall agree to the following: To serve only courtinvolved youth in the program and give priority to those students who have few other educational options; to design a
program to meet the specific needs of court-involved youth
generally and the specific needs of individual students; to
collaborate with the county courts and local community organizations; and to define program goals clearly.
(5) The department has the authority to withhold grant
funds if the terms of the agreement are not met.
(6) Selected districts shall establish procedures to keep
daily attendance records for students participating in the program.
(7) Selected districts shall agree to participate fully in an
evaluation of the program by the department. [1994 c 152 §
3.]
13.80.030
13.80.040 Rules. The department may adopt rules, as
necessary, to carry out its duties under this program. [1994 c
152 § 4.]
13.80.040
13.80.010 Purpose. The learning and life skills grant
program is created. The purpose of the program is to provide
services, to the extent funds are appropriated, for courtinvolved youth under the age of twenty-one to help the youth
attain the necessary life skills and educational skills to obtain
a certificate of educational competency, obtain employment,
return to a school program, or enter a postsecondary education or job-training program. [1994 c 152 § 1.]
13.80.010
13.80.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Court-involved youth" means those youth under the
age of twenty-one who, within the past twenty-four months:
(a) Have served a court-imposed sentence;
(b) Are or have been on probation or parole; or
(c) Are involved in a legal proceeding in which the youth
may be found to have committed a criminal or juvenile
offense and are not participating in a diversion agreement
under RCW 13.40.080.
(2) "Department" means the department of social and
health services. [1994 c 152 § 2.]
13.80.020
[Title 13 RCW—page 124]
13.80.050 Evaluation. The department shall periodically evaluate the program including but not limited to providing data on the youth served, the type and extent of court
involvement, the type of services provided, the length of stay
of each student in the program, the academic progress of the
youth, the recidivism rate, and rates of employment and
enrollment in postsecondary education. [1994 c 152 § 5.]
13.80.050
(2010 Ed.)
Title 14
AERONAUTICS
Title 14
Chapters
14.07 Municipal airports—1941 act.
14.08 Municipal airports—1945 act.
14.12 Airport zoning.
14.16 Aircraft and airman regulations.
14.20 Aircraft dealers.
14.30 Western regional short-haul air transportation
compact.
Aeronautics, department of transportation, division of: Chapter 47.68 RCW.
Aircraft excise tax: Chapter 82.48 RCW.
Assessment of air transportation companies for property tax purposes:
Chapter 84.12 RCW.
Lease of county property for airport purposes: RCW 36.34.180.
Operating aircraft recklessly or under influence of intoxicants or drugs:
RCW 47.68.220.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Recycling: RCW 70.93.095.
Chapter 14.07
Chapter 14.07 RCW
MUNICIPAL AIRPORTS—1941 ACT
Sections
14.07.010
14.07.020
14.07.030
14.07.040
General powers—Municipal purpose and public use.
Acquisition of property—Eminent domain—Exemption.
Appropriation of money or conveyance of property to other
municipalities.
Acts ratified and confirmed—Chapter cumulative.
Lease of property for airport purposes
county property: RCW 36.34.180.
port district property: RCW 53.08.080.
Municipal airports—1945 act: Chapter 14.08 RCW.
14.07.010 General powers—Municipal purpose and
public use. Any city, town, port district or county is hereby
authorized and empowered by and through their appropriate
corporate authorities to acquire, maintain and operate, within
or without the boundaries of the counties in which such city,
town or port district is situated, sites and other facilities for
landings, terminals, housing, repair and care of dirigibles, airplanes, and seaplanes, and seaplanes for the aerial transportation of persons, property and mail or for use of military and
naval aircraft, either jointly with another city, town, port district, county, the state of Washington, or the United States of
America or severally, and the same is hereby declared to be a
municipal purpose and a public use. [1941 c 21 § 1; Rem.
Supp. 1941 § 2722-8. Prior: 1933 ex.s. c 3 § 1; 1929 c 93 §
1; 1919 c 48 § 1.]
14.07.010
county, the state of Washington or the United States of America. Any city, town, port district and county is hereby
empowered to acquire lands and other property for said purpose by the exercise of the power of eminent domain under
the procedure that is or shall be provided by law for the condemnation and appropriation of private property for any of
their respective corporate uses, and no property shall be
exempt from such condemnation, appropriation or disposition by reason of the same having been or being dedicated,
appropriated, or otherwise held to public use: PROVIDED,
HOWEVER, That nothing in this chapter shall authorize or
entitle any city, town, port district or county to acquire by
eminent domain any site or other facilities for landings, terminals, housing, repair and care of dirigibles, airplanes, and
seaplanes for aerial transportation of persons, property, mail
or military or naval aircraft, now or hereafter owned by any
other city, town, port district or county. [1941 c 21 § 2; Rem.
Supp. 1941 § 2722-9. Prior: 1933 ex.s. c 3 § 1; 1929 c 93 §
1; 1919 c 48 § 1.]
14.07.030 Appropriation of money or conveyance of
property to other municipalities. Any city, town, port district or county is authorized and empowered by and through
their corporate authorities to appropriate sums of money and
pay the same to any other city, town, port district or county,
or deed and convey property already owned to such city,
town, port district or county, for use in acquiring and maintaining sites and other facilities for landings, terminals, housing, repair and care of dirigibles, airplanes and seaplanes for
the aerial transportation of persons, property, mail or military
and naval aircraft and need not require consideration other
than the benefit which may be derived by the city, town, port
district or county on account of the use therefor and development of such property for said purposes. [1941 c 21 § 3;
Rem. Supp. 1941 § 2722-10.]
14.07.030
14.07.040 Acts ratified and confirmed—Chapter
cumulative. All acts of any such municipality in the exercise
or attempted exercise of any powers herein conferred are
hereby ratified and confirmed. The provisions of this chapter
shall be cumulative and nothing herein contained shall
abridge or limit the powers of the city, town, port district or
county under existing law. [1941 c 21 § 4; Rem. Supp. 1941
§ 2722-11. Prior: 1933 ex.s. c 3 § 1; 1929 c 93 § 1; 1919 c 48
§ 1.]
14.07.040
Chapter 14.08
14.07.020 Acquisition of property—Eminent
domain—Exemption. Such municipalities may also acquire
by purchase, condemnation or lease, lands and other property
for said purpose and dispose of such lands and other property,
including property acquired by tax foreclosure proceedings,
by sale or gift for public use to any city, town, port district,
14.07.020
(2010 Ed.)
Chapter 14.08 RCW
MUNICIPAL AIRPORTS—1945 ACT
Sections
14.08.010
14.08.015
14.08.020
Definition—"Municipality."
Definitions.
Airports a public purpose.
[Title 14 RCW—page 1]
14.08.010
14.08.030
14.08.070
14.08.080
14.08.090
14.08.100
14.08.112
14.08.114
14.08.116
14.08.118
14.08.120
14.08.122
14.08.160
14.08.190
14.08.200
14.08.290
14.08.300
14.08.302
14.08.304
14.08.310
14.08.330
14.08.340
14.08.350
14.08.360
14.08.370
Title 14 RCW: Aeronautics
Acquisition of property and easements—Eminent domain—
Encroachments prohibited.
Prior acquisition of airport property validated.
Method of defraying cost.
Issuance of bonds—Security.
Raising of funds and disposition of revenue.
Revenue bonds authorized—Purpose—Special fund—
Redemption.
Issuance of funding or refunding bonds authorized.
Port district revenue bond financing powers not repealed or
superseded.
Revenue warrants authorized.
Specific powers of municipalities operating airports.
Adoption of regulations by airport operator for airport rental
and use and collection of charges.
Federal aid.
Establishment of airports on waters and reclaimed land.
Joint operations.
County airport districts authorized.
Governing body of district.
Board of airport district commissioners—Petition—Order
establishing.
Board of airport district commissioners—Members—Election—Terms—Expenses.
Assistance to other municipalities.
Jurisdiction of municipality over airport and facilities exclusive—Concurrent jurisdiction over adjacent territory—Fire
code enforcement by agreement.
Interpretation and construction.
Severability—1945 c 182.
Short title.
Repeal.
Lease of property for airport purposes
county property: RCW 36.34.180.
port district property: RCW 53.08.080.
Municipal airports—1941 act: Chapter 14.07 RCW.
14.08.010 Definition—"Municipality." (1) For the
purpose of this chapter, unless herein specifically otherwise
provided, the definitions of words, terms and phrases appearing in the state aeronautic department act of this state are
hereby adopted.
(2) As used in this chapter, unless the context otherwise
requires: "Municipality" means any county, city, town, airport district, or port district of this state; "airport purposes"
means and includes airport, restricted landing area and other
air navigation facility purposes. [1987 c 254 § 3; 1945 c 182
§ 1; Rem. Supp. 1945 § 2722-30.]
14.08.010
Reviser’s note: The state aeronautic department act (chapter 252, Laws
of 1945) contained no definitions. It was repealed by chapter 165, Laws of
1947, codified herein as chapter 47.68 RCW.
14.08.015 Definitions. (1) "Airport charges" means
charges of an airport operator for tie-downs, landing fees, the
occupation of a hangar by an aircraft, and all other charges
owing or to become owing under a contract between an aircraft owner and an airport operator or under an officially
adopted regulation and/or tariff including, but not limited to,
the cost of sale and related expenses.
(2) "Aircraft" means every species of aircraft or other
mechanical device capable of being used for the purpose of
aerial flight.
(3) "Airport operator" means any municipality as defined
in RCW 14.08.010(2) or state agency which owns and/or
operates an airport.
(4) "Owner" means (a) every natural person, firm, partnership, corporation, association, trust, estate, or organization, or agent thereof with actual or apparent authority, who
expressly or impliedly contracts for use of airport property
for landing, parking, or hangaring aircraft, and (b) includes
14.08.015
[Title 14 RCW—page 2]
the registered owner or owners and lienholders of record with
the federal aviation administration. [1987 c 254 § 1.]
14.08.020
14.08.020 Airports a public purpose. The acquisition
of any lands for the purpose of establishing airports or other
air navigation facilities; the acquisition of airport protection
privileges; the acquisition, establishment, construction,
enlargement, improvement, maintenance, equipment and
operation of airports and other air navigation facilities, and
the exercise of any other powers herein granted to municipalities, are hereby declared to be public, governmental, county
and municipal functions, exercised for a public purpose, and
matters of public necessity, and such lands and other property, easements and privileges acquired and used by such
municipalities in the manner and for the purposes enumerated
in this chapter shall and are hereby declared to be acquired
and used for public, governmental, county and municipal
purposes and as a matter of public necessity. [1961 c 74 § 1;
1945 c 182 § 3; Rem. Supp. 1945 § 2722-32.]
14.08.030
14.08.030 Acquisition of property and easements—
Eminent domain—Encroachments prohibited. (1) Every
municipality is hereby authorized, through its governing
body, to acquire property, real or personal, for the purpose of
establishing, constructing, and enlarging airports and other
air navigation facilities and to acquire, establish, construct,
enlarge, improve, maintain, equip, operate, and regulate such
airports and other air navigation facilities and structures and
other property incidental to their operation, either within or
without the territorial limits of such municipality and within
or without this state; to make, prior to any such acquisition,
investigations, surveys, and plans; to construct, install and
maintain airport facilities for the servicing of aircraft and for
the comfort and accommodation of air travelers; and to purchase and sell equipment and supplies as an incident to the
operation of its airport properties. It may not, however,
acquire or take over any airport or other air navigation facility
owned or controlled by any other municipality of the state
without the consent of such municipality. It may use for airport purposes any available property that is now or may at
any time hereafter be owned or controlled by it. Such air navigation facilities as are established on airports shall be supplementary to and coordinated in design and operation with
those established and operated by the federal and state governments.
(2) Property needed by a municipality for an airport or
restricted landing area, or for the enlargement of either, or for
other airport purposes, may be acquired by purchase, gift,
devise, lease or other means if such municipality is able to
agree with the owners of said property on the terms of such
acquisition, and otherwise by condemnation in the manner
provided by the law under which such municipality is authorized to acquire like property for public purposes, full power
to exercise the right of eminent domain for such purposes
being hereby granted every municipality both within and
without its territorial limits. If but one municipality is
involved and the charter of such municipality prescribes a
method of acquiring property by condemnation, proceedings
shall be had pursuant to the provisions of such charter and
may be followed as to property within or without its territo(2010 Ed.)
Municipal Airports—1945 Act
rial limits. Any title to real property so acquired shall be in
fee simple, absolute and unqualified in any way. The fact that
the property needed has been acquired by the owner under
power of eminent domain, shall not prevent its acquisition by
the municipality by the exercise of the right of eminent
domain herein conferred.
(3) Where necessary, in order to provide unobstructed air
space for the landing and taking off of aircraft utilizing airports or restricted landing areas acquired or operated under
the provisions of this chapter, every municipality is authorized to acquire, in the same manner as is provided for the
acquisition of property for airport purposes, easements
through or other interests in air spaces over land or water,
interests in airport hazards outside the boundaries of the airports or restricted landing areas and such other airport protection privileges as are necessary to insure safe approaches to
the landing areas of said airports or restricted landing areas
and the safe and efficient operation thereof. It is also hereby
authorized to acquire, in the same manner, the right or easement, for a term of years or perpetually, to place or maintain
suitable marks for the daytime marking and suitable lights for
the nighttime marking of airport hazards, including the right
of ingress and egress to or from such airport hazards, for the
purpose of maintaining and repairing such lights and marks.
This authority shall not be so construed as to limit any right,
power or authority to zone property adjacent to airports and
restricted landing areas under the provisions of any law of
this state.
(4) It shall be unlawful for anyone to build, rebuild, create, or cause to be built, rebuilt, or created any object, or
plant, cause to be planted or permit to grow higher any tree or
trees or other vegetation, which shall encroach upon any airport protection privileges acquired pursuant to the provisions
of this section. Any such encroachment is declared to be a
public nuisance and may be abated in the manner prescribed
by law for the abatement of public nuisances, or the municipality in charge of the airport or restricted landing area for
which airport protection privileges have been acquired as in
this section provided may go upon the land of others and
remove any such encroachment without being liable for damages in so doing. [1945 c 182 § 2; Rem. Supp. 1945 § 272231. Formerly RCW 14.08.030, 14.08.040, 14.08.050, and
14.08.060.]
Reviser’s note: Caption for 1945 c 182 § 2, reads as follows: "Municipalities may acquire airports."
14.08.070 Prior acquisition of airport property validated. Any acquisition of property within or without the limits of any municipality for airports and other air navigation
facilities, or of airport protection privileges, heretofore made
by any such municipality in any manner, together with the
conveyance and acceptance thereof, is hereby legalized and
made valid and effective. [1945 c 182 § 4; Rem. Supp. 1945
§ 2722-33.]
14.08.070
14.08.080 Method of defraying cost. The cost of
investigating, surveying, planning, acquiring, establishing,
constructing, enlarging or improving or equipping airports
and other air navigation facilities, and the sites therefor,
including structures and other property incidental to their
operation, in accordance with the provisions of this chapter
14.08.080
(2010 Ed.)
14.08.112
may be paid for by appropriation of moneys available therefor, or wholly or partly from the proceeds of bonds of the
municipality, as the governing body of the municipality shall
determine. The word "cost" includes awards in condemnation
proceedings and rentals where an acquisition is by lease.
[1945 c 182 § 5; Rem. Supp. 1945 § 2722-34.]
Reviser’s note: Caption for 1945 c 182 § 5 reads as follows: "Purchase
price and costs of improvement may be paid from appropriations or bond
issues."
14.08.090 Issuance of bonds—Security. Any bonds to
be issued by any municipality pursuant to the provisions of
this chapter shall be authorized and issued in the manner and
within the limitation prescribed by the Constitution and laws
of this state or the charter of the municipality for the issuance
and authorization of bonds thereof for public purposes generally, secured by the revenues of the airport, a mortgage on
facilities, or a general tax levy as allowed by law, if the plan
and system resolution are approved by the secretary of transportation or the state auditor. [1995 c 301 § 32; 1984 c 7 § 4;
1945 c 182 § 6; Rem. Supp. 1945 § 2722-35.]
14.08.090
Levy of taxes: Chapter 84.52 RCW.
Public contracts and indebtedness: Title 39 RCW.
Additional notes found at www.leg.wa.gov
14.08.100 Raising of funds and disposition of revenue. (1) The governing bodies having power to appropriate
moneys within the municipalities in this state for the purpose
of acquiring, establishing, constructing, enlarging, improving, maintaining, equipping or operating airports and other
air navigation facilities under the provisions of this chapter,
are hereby authorized to appropriate and cause to be raised by
taxation or otherwise in such municipalities, moneys sufficient to carry out therein the provisions of this chapter.
(2) The revenues obtained from the ownership, control
and operation of any such airport or other air navigation facility shall be used, first, to finance the maintenance and operating expenses thereof, and, second, to make payments of interest on and current principal requirements of any outstanding
bonds or certificates issued for the acquisition or improvement thereof, and to make payment of interest on any mortgage heretofore made. Revenues in excess of the foregoing
requirements may be applied to finance the extension or
improvement of the airport or other air navigation facilities,
and to construct, maintain, lease, and otherwise finance
buildings and facilities for industrial or commercial use:
PROVIDED, That such portion of the airport property to be
devoted to said industrial or commercial use be first found by
the governing body to be not required for airport purposes.
[1959 c 231 § 1; 1945 c 182 § 7; Rem. Supp. 1945 § 2722-36.
Formerly RCW 14.08.100, 14.08.110.]
14.08.100
14.08.112 Revenue bonds authorized—Purpose—
Special fund—Redemption. (1) Municipalities, including
any governmental subdivision which may be hereafter authorized by law to own, control, and operate an airport or other
air navigation facility, are hereby authorized to issue revenue
bonds to provide part or all of the funds required to accomplish the powers granted them by chapter 14.08 RCW, and to
construct, acquire by purchase or condemnation, equip, add
14.08.112
[Title 14 RCW—page 3]
14.08.114
Title 14 RCW: Aeronautics
to, extend, enlarge, improve, replace and repair airports,
facilities and structures thereon including but not being limited to facilities for the servicing of aircraft and for the comfort and accommodation of air travelers, and other properties
incidental to the operation of airports and to pay all costs incidental thereto.
The legislative body of the municipality shall create a
special fund for the sole purpose of paying the principal of
and interest on the bonds of each issue, into which fund the
legislative body shall obligate the municipality to pay an
amount of the gross revenue derived from its ownership, control, use, and operation of the airport and all airport facilities
and structures thereon and used and operated in connection
therewith, including but not being limited to fees charged for
all uses of the airport and facilities, rentals derived from
leases of part or all of the airport, buildings and any or all air
navigation facilities thereon, fees derived from concessions
granted, and proceeds of sales of part or all of the airport and
any or all buildings and structures thereon or equipment
therefor, sufficient to pay the principal and interest as the
same shall become due, and to maintain adequate reserves
therefor if necessary. Revenue bonds and the interest thereon
shall be payable only out of and shall be a valid claim of the
owner thereof only as against the special fund and the revenue pledged to it, and shall not constitute a general indebtedness of the municipality.
Each revenue bond and any interest coupon attached
thereto shall name the fund from which it is payable and state
upon its face that it is only payable therefrom; however, all
revenue bonds and any interest coupons issued under RCW
14.08.112 and 14.08.114 shall be negotiable instruments
within the provisions and intent of the negotiable instruments
law of this state. Each issue of revenue bonds may be bearer
coupon bonds or may be registered either as to principal only
or as to principal and interest as provided in RCW 39.46.030;
shall be in the denomination or denominations the legislative
body of the municipality shall deem proper; shall be payable
at the time or times and at the place or places as shall be
determined by the legislative body; shall bear interest at such
rate or rates as authorized by the legislative body; shall be
signed on behalf of the municipality by the chair of the
county legislative authority, mayor of the city or town, president of the port commission, and similar officer of any other
municipality, shall be attested by the county auditor, the clerk
or comptroller of the city or town, the secretary of the port
commission, and similar officer of any other municipality,
one of which signatures may be a facsimile signature, and
shall have the seal of the municipality impressed thereon; any
interest coupons attached thereto shall be signed by the facsimile signatures of said officials. Revenue bonds shall be
sold in the manner as the legislative body of the municipality
shall deem best, either at public or private sale.
The municipality at the time of the issuance of revenue
bonds may provide covenants as it may deem necessary to
secure and guarantee the payment of the principal thereof and
interest thereon, including but not being limited to covenants
to create a reserve fund or account and to authorize the payment or deposit of certain moneys therein for the purpose of
securing or guaranteeing the payment of the principal and
interest, to establish and maintain rates, charges, fees, rentals,
and sales prices sufficient to pay the principal and interest
[Title 14 RCW—page 4]
and to maintain an adequate coverage over annual debt service, to appoint a trustee for the bond owners and a trustee for
the safeguarding and disbursing of the proceeds of sale of the
bonds and to fix the powers and duties of the trustee or trustees, and to make any and all other covenants as the legislative
body may deem necessary to its best interest and that of its
inhabitants to accomplish the most advantageous sale possible of the bonds. The legislative body may also provide that
revenue bonds payable out of the same source or sources may
later be issued on a parity with revenue bonds being issued
and sold.
The legislative body of the municipality may include an
amount for working capital and an amount necessary for
interest during the period of construction of the airport or any
facilities plus six months, in the principal amount of any revenue bond issue; if it deems it to the best interest of the
municipality and its inhabitants, it may provide in any contract for the construction or acquisition of an airport or facilities that payment therefor shall be made only in revenue
bonds at the par value thereof.
If the municipality or any of its officers shall fail to carry
out any of its or their obligations, pledges or covenants made
in the authorization, issuance and sale of bonds, the owner of
any bond or the trustee may bring action against the municipality and/or said officers to compel the performance of any
or all of the covenants.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [2010 c 8 § 5002; 1983 c 167 § 16; 1970 ex.s. c
56 § 3; 1969 ex.s. c 232 § 2; 1957 c 53 § 1.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
14.08.114 Issuance of funding or refunding bonds
authorized. When any municipality has outstanding revenue
bonds or warrants payable solely from revenues derived from
the ownership, control, use and operation of the airport and
all its facilities and structures thereon used and operated in
connection therewith, the legislative body thereof may provide for the issuance of funding or refunding bonds to fund or
refund outstanding warrants or bonds or any part thereof at or
before maturity, and may combine various outstanding warrants and various series and issues of outstanding bonds in the
amount thereof to be funded or refunded and may issue funding or refunding bonds to pay any redemption premium and
interest payable on the outstanding revenue warrants or
bonds being funded or refunded. The legislative body of the
municipality shall create a special fund for the sole purpose
of paying the principal of and interest on funding or refunding bonds, into which fund the legislative body shall obligate
the municipality to pay an amount of the gross revenue
derived from its ownership, control, use and operation of the
airport and all airport facilities and structures thereon as provided in RCW 14.08.112, sufficient to pay the principal and
interest as the same shall become due, and to maintain adequate reserves therefor if necessary. Bonds and the interest
thereon shall be payable only out of and shall be a valid claim
of the owner thereof only as against the special fund and the
revenue pledged to it, and shall not constitute a general
indebtedness of the municipality.
14.08.114
(2010 Ed.)
Municipal Airports—1945 Act
The net interest cost to maturity on funding or refunding
bonds shall be at such rate or rates as shall be authorized by
the legislative body.
The municipality may exchange funding or refunding
bonds at par for the warrants or bonds which are being funded
or refunded, or it may sell the funding or refunding bonds in
the manner as it shall deem for the best interest of the municipality and its inhabitants, either at public or private sale.
Funding or refunding bonds shall be governed by and issued
under and in accordance with the provisions of RCW
14.08.112 with respect to revenue bonds unless there is a specific provision to the contrary in this section. [1983 c 167 §
17; 1970 ex.s. c 56 § 4; 1969 ex.s. c 232 § 3; 1957 c 53 § 2.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
14.08.116 Port district revenue bond financing powers not repealed or superseded. Nothing in RCW
14.08.112 and 14.08.114 shall repeal or supersede revenue
bond financing powers otherwise granted to port districts
under the provisions of chapter 53.40 RCW. [1957 c 53 § 3.]
14.08.116
14.08.118 Revenue warrants authorized. Municipalities, including any governmental subdivision which may be
hereafter authorized by law to own, control and operate an
airport, or other air navigation facility, may issue revenue
warrants for the same purposes for which they may issue revenue bonds, and the provisions of RCW 14.08.112 as now or
hereafter amended relating to the terms, conditions, covenants, issuance, and sale of revenue bonds shall be applicable
to such revenue warrants.
Revenue warrants so issued shall not constitute a general
indebtedness of the municipality. [1971 ex.s. c 176 § 1.]
14.08.118
14.08.120 Specific powers of municipalities operating
airports. In addition to the general powers conferred in this
chapter, and without limitation thereof, a municipality that
has established or may hereafter establish airports, restricted
landing areas, or other air navigation facilities, or that has
acquired or set apart or may hereafter acquire or set apart real
property for that purpose or purposes is authorized:
(1) To vest authority for the construction, enlargement,
improvement, maintenance, equipment, operation, and regulation thereof in an officer, a board, or body of the municipality by ordinance or resolution that prescribes the powers and
duties of the officer, board, or body; and the municipality
may also vest authority for industrial and commercial development in a municipal airport commission consisting of at
least five resident taxpayers of the municipality to be
appointed by the governing board of the municipality by an
ordinance or resolution that includes (a) the terms of office,
which may not exceed six years and which shall be staggered
so that not more than three terms will expire in the same year,
(b) the method of appointment and filling vacancies, (c) a
provision that there shall be no compensation but may provide for a per diem of not to exceed twenty-five dollars per
day plus travel expenses for time spent on commission business, (d) the powers and duties of the commission, and (e)
any other matters necessary to the exercise of the powers
relating to industrial and commercial development. The
14.08.120
(2010 Ed.)
14.08.120
expense of the construction, enlargement, improvement,
maintenance, equipment, industrial and commercial development, operation, and regulation are the responsibility of the
municipality.
(2) To adopt and amend all needed rules, regulations,
and ordinances for the management, government, and use of
any properties under its control, whether within or outside the
territorial limits of the municipality; to provide fire protection
for the airport, including the acquisition and operation of fire
protection equipment and facilities, and the right to contract
with any private body or political subdivision of the state for
the furnishing of such fire protection; to appoint airport
guards or police, with full police powers; to fix by ordinance
or resolution, as may be appropriate, penalties for the violation of the rules, regulations, and ordinances, and enforce
those penalties in the same manner in which penalties prescribed by other rules, regulations, and ordinances of the
municipality are enforced. For the purposes of such management and government and direction of public use, that part of
all highways, roads, streets, avenues, boulevards, and territory that adjoins the limits of any airport or restricted landing
area acquired or maintained under the provisions of this
chapter is under like control and management of the municipality. It may also adopt and enact rules, regulations, and
ordinances designed to safeguard the public upon or beyond
the limits of private airports or landing strips within the
municipality or its police jurisdiction against the perils and
hazards of instrumentalities used in aerial navigation. Rules,
regulations, and ordinances shall be published as provided by
general law or the charter of the municipality for the publication of similar rules, regulations, and ordinances. They shall
conform to and be consistent with the laws of this state and
the rules of the state department of transportation and shall be
kept in conformity, as nearly as may be, with the then current
federal legislation governing aeronautics and the regulations
duly promulgated thereunder and the rules and standards
issued from time to time pursuant thereto.
(3) To create a special airport fund, and provide that all
receipts from the operation of the airport be deposited in the
fund, which fund shall remain intact from year to year and
may be pledged to the payment of aviation bonds, or kept for
future maintenance, construction, or operation of airports or
airport facilities.
(4) To lease airports or other air navigation facilities, or
real property acquired or set apart for airport purposes, to private parties, any municipal or state government or the
national government, or any department thereof, for operation; to lease or assign to private parties, any municipal or
state government or the national government, or any department thereof, for operation or use consistent with the purposes of this chapter, space, area, improvements, or equipment of such airports; to authorize its lessees to construct,
alter, repair, or improve the leased premises at the cost of the
lessee and to reimburse its lessees for such cost, provided the
cost is paid solely out of funds fully collected from the airport’s tenants; to sell any part of such airports, other air navigation facilities or real property to any municipal or state
government, or to the United States or any department or
instrumentality thereof, for aeronautical purposes or purposes
incidental thereto, and to confer the privileges of concessions
of supplying upon its airports goods, commodities, things,
[Title 14 RCW—page 5]
14.08.120
Title 14 RCW: Aeronautics
services, and facilities: PROVIDED, That in each case in so
doing the public is not deprived of its rightful, equal, and uniform use thereof.
(5) Acting through its governing body, to sell or lease
any property, real or personal, acquired for airport purposes
and belonging to the municipality, which, in the judgment of
its governing body, may not be required for aircraft landings,
aircraft takeoffs or related aeronautic purposes, in accordance
with the laws of this state, or the provisions of the charter of
the municipality, governing the sale or leasing of similar
municipally owned property. The municipal airport commission, if one has been organized and appointed under subsection (1) of this section, may lease any airport property for aircraft landings, aircraft takeoffs, or related aeronautic purposes. If there is a finding by the governing body of the
municipality that any airport property, real or personal, is not
required for aircraft landings, aircraft takeoffs, or related
aeronautic purposes, then the municipal airport commission
may lease such space, land, area, or improvements, or construct improvements, or take leases back for financing purposes, grant concessions on such space, land, area, or
improvements, all for industrial or commercial purposes, by
private negotiation and under such terms and conditions that
seem just and proper to the municipal airport commission.
Any such lease of real property for aircraft manufacturing or
aircraft industrial purposes or to any manufacturer of aircraft
or aircraft parts or for any other business, manufacturing, or
industrial purpose or operation relating to, identified with, or
in any way dependent upon the use, operation, or maintenance of the airport, or for any commercial or industrial purpose may be made for any period not to exceed seventy-five
years, but any such lease of real property made for a longer
period than ten years shall contain provisions requiring the
municipality and the lessee to permit the rentals for each fiveyear period thereafter, to be readjusted at the commencement
of each such period if written request for readjustment is
given by either party to the other at least thirty days before the
commencement of the five-year period for which the readjustment is requested. If the parties cannot agree upon the
rentals for the five-year period, they shall submit to have the
disputed rentals for the period adjusted by arbitration. The
lessee shall pick one arbitrator, and the governing body of the
municipality shall pick one, and the two so chosen shall
select a third. After a review of all pertinent facts the board
of arbitrators may increase or decrease such rentals or continue the previous rate thereof.
The proceeds of the sale of any property the purchase
price of which was obtained by the sale of bonds shall be
deposited in the bond sinking fund. If all the proceeds of the
sale are not needed to pay the principal of bonds remaining
unpaid, the remainder shall be paid into the airport fund of the
municipality. The proceeds of sales of property the purchase
price of which was paid from appropriations of tax funds
shall be paid into the airport fund of the municipality.
(6) To determine the charges or rental for the use of any
properties under its control and the charges for any services
or accommodations, and the terms and conditions under
which such properties may be used: PROVIDED, That in all
cases the public is not deprived of its rightful, equal, and uniform use of the property. Charges shall be reasonable and
uniform for the same class of service and established with
[Title 14 RCW—page 6]
due regard to the property and improvements used and the
expense of operation to the municipality. The municipality
shall have and may enforce liens, as provided by law for liens
and enforcement thereof, for repairs to or improvement or
storage or care of any personal property, to enforce the payment of any such charges.
(7) To impose a customer facility charge upon customers
of rental car companies accessing the airport for the purposes
of financing, designing, constructing, operating, and maintaining consolidated rental car facilities and common use
transportation equipment and facilities which are used to
transport the customer between the consolidated car rental
facilities and other airport facilities. The airport operator
may require the rental car companies to collect the facility
charges, and any facility charges so collected shall be deposited in a trust account for the benefit of the airport operator
and remitted at the direction of the airport operator, but no
more often than once per month. The charge shall be calculated on a per-day basis. Facility charges may not exceed the
reasonable costs of financing, designing, constructing, operating, and maintaining the consolidated car rental facilities
and common use transportation equipment and facilities and
may not be used for any other purpose. For the purposes of
this subsection (7), if an airport operator makes use of its own
funds to finance the consolidated rental car facilities and
common use transportation equipment and facilities, the airport operator (a) is entitled to earn a rate of return on such
funds no greater than the interest rate that the airport operator
would pay to finance such facilities in the appropriate capital
market, provided that the airport operator establish the rate of
return in consultation with the rental car companies, and (b)
may use the funds earned under (a) of this subsection for purposes other than those associated with the consolidated rental
car facilities and common use transportation equipment and
facilities.
(8) To make airport property available for less than fair
market rental value under very limited conditions provided
that prior to the lease or contract authorizing such use the airport operator’s board, commission, or council has (a) adopted
a policy that establishes that such lease or other contract
enhances the public acceptance of the airport and serves the
airport’s business interest and (b) adopted procedures for
approval of such lease or other contract.
(9) If the airport operator has adopted the policy and procedures under subsection (8) of this section, to lease or
license the use of property belonging to the municipality and
acquired for airport purposes at less than fair market rental
value as long as the municipality’s council, board, or commission finds that the following conditions are met:
(a) The lease or license of the subject property enhances
public acceptance of the airport in a community in the immediate area of the airport;
(b) The subject property is put to a desired public recreational or other community use by the community in the
immediate area of the airport;
(c) The desired community use and the community
goodwill that would be generated by such community use
serves the business interest of the airport in ways that can be
articulated and demonstrated;
(d) The desired community use does not adversely affect
the capacity, security, safety, or operations of the airport;
(2010 Ed.)
Municipal Airports—1945 Act
(e) At the time the community use is contemplated, the
subject property is not reasonably expected to be used by an
aeronautical tenant or otherwise be needed for airport operations in the foreseeable future;
(f) At the time the community use is contemplated, the
subject property would not reasonably be expected to produce more than de minimus revenue;
(g) If the subject property can be reasonably expected to
produce more than de minimus revenue, the community use
is permitted only where the revenue to be earned from the
community use would approximate the revenue that could be
generated by an alternate use;
(h) Leases for community use must not preclude reuse of
the subject property for airport purposes if, in the opinion of
the airport owner, reuse of the subject property would provide greater benefits to the airport than continuation of the
community use;
(i) The airport owner ensures that airport revenue does
not support the capital or operating costs associated with the
community use;
(j) The lease or other contract for community use is not
to a for-profit organization or for the benefit of private individuals;
(k) The lease or other contract for community use is subject to the requirement that if the term of the lease is for a
period that exceeds ten years, the lease must contain a provision allowing for a readjustment of the rent every five years
after the initial ten-year term;
(l) The lease or other contract for community use is subject to the requirement that the term of the lease must not
exceed fifty years; and
(m) The lease or other contract for community use is
subject to the requirement that if the term of the lease exceeds
one year, the lease or other contract obligations must be
secured by rental insurance, bond, or other security satisfactory to the municipality’s board, council, or commission in an
amount equal to at least one year’s rent, or as consistent with
chapter 53.08 RCW. However, the municipality’s board,
council, or commission may waive the rent security requirement or lower the amount of the rent security requirement for
good cause.
(10) To exercise all powers necessarily incidental to the
exercise of the general and special powers granted in this section. [2010 c 155 § 1; 2009 c 124 § 1; 2005 c 76 § 1; 1990 c
215 § 1; 1984 c 7 § 5; 1961 c 74 § 2; 1959 c 231 § 2; 1957 c
14 § 1. Prior: 1953 c 178 § 1; 1945 c 182 § 8; Rem. Supp.
1945 § 2722-37. Formerly RCW 14.08.120 through
14.08.150 and 14.08.320.]
Effective date—2009 c 124: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 17, 2009]." [2009 c 124 § 2.]
Appointment of police officers by port districts operating airports: RCW
53.08.280.
Additional notes found at www.leg.wa.gov
14.08.122 Adoption of regulations by airport operator for airport rental and use and collection of charges.
An airport operator may adopt all regulations necessary for
rental and use of airport facilities and for the expeditious collection of airport charges. The regulations may also establish
14.08.122
(2010 Ed.)
14.08.122
procedures for the enforcement of these regulations by the
airport operator. The regulations shall include the following:
(1) Procedures authorizing airport personnel to take reasonable measures including, but not limited to, the use of
chains, ropes, and locks to secure aircraft within the airport
facility so that the aircraft are in the possession and control of
the airport operator and cannot be removed from the airport.
These procedures may be used if an owner hangaring or parking an aircraft at the airport fails, after being notified that
charges are owing and of the owner’s right to contest that
such charges are owing, to pay the airport charges owed or to
commence legal proceedings. Notification shall be by registered mail to the owner at his or her last known address. In the
case of an aircraft where an owner’s address cannot be determined or obtained after reasonable effort, the airport operator
need not give such notice prior to securing the aircraft. At the
time of securing the aircraft, an authorized airport employee
shall attach to the aircraft a readily visible notice and shall
make a reasonable attempt to send a copy of the notice to the
owner at his or her last known address by registered mail,
return receipt requested, and an additional copy of the notice
by first-class mail. The notice shall be of a reasonable size
and shall contain the following information:
(a) The date and time the notice was attached;
(b) A reasonable description of the aircraft;
(c) The identity of the authorized employee;
(d) The amount of airport charges owing;
(e) A statement that if the account is not paid in full
within ninety days from the time the notice was attached the
aircraft may be sold at public auction to satisfy the airport
charges;
(f) A statement of the owner’s right to commence legal
proceedings to contest the charges owing and to have the aircraft released upon posting of an adequate cash bond or other
security; and
(g) The address and telephone number where additional
information may be obtained concerning the release of the
aircraft.
(2) Procedures authorizing airport personnel at their discretion to move aircraft to an area within the airport operator’s control or for storage with private persons under the airport operator’s control as bailees of the airport facility. Costs
of any such procedure shall be paid by the aircraft’s owner.
(3) If an aircraft is secured under subsection (1) of this
section or moved under conditions authorized by subsection
(2) of this section the owner who is obligated for hangaring or
parking or other airport charges may regain possession of the
aircraft by:
(a) Making arrangements satisfactory with the airport
operator for the immediate removal of the aircraft from the
airport’s hangar, or making arrangements for authorized
parking; and
(b) By making payment to the airport operator of all airport charges or by posting with the airport operator a sufficient cash bond or other security acceptable to such operator,
to be held in trust by the airport operator pending written
agreement of the parties with respect to payment by the aircraft owner of the amount owing, or pending resolution of
charges in a civil action in a court of competent jurisdiction.
Upon written agreement or judicial resolution, the trust shall
terminate and the airport operator shall receive so much of
[Title 14 RCW—page 7]
14.08.160
Title 14 RCW: Aeronautics
the bond or other security as is necessary to satisfy the agreement, or any judgment, costs, and interest as may be awarded
to the airport operator. The balance shall be refunded immediately to the owner at the owner’s last known address by registered mail, return receipt requested. The airport operator
shall send to the owner by first-class mail a notice that the
balance of funds was forwarded to him or her by registered
mail, return receipt requested.
(4) If an aircraft parked or hangared at an airport is abandoned, the airport operator may authorize the public sale of
the aircraft by authorized personnel to the highest and best
bidder for cash as follows:
(a) If an aircraft has been secured by the airport operator
under subsection (1) of this section and is not released to the
owner under the bonding provisions of this section within
ninety days after notifying or attempting to notify the owner
under subsection (1) of this section, or in all other cases, for
ninety days after the airport operator secures the aircraft, the
aircraft shall be conclusively presumed to have been abandoned by the owner;
(b) Before the aircraft is sold, the owner of the aircraft
shall be given at least twenty days’ notice of sale by registered mail, return receipt requested, if the name and address
of the owner are known, and the notice of sale shall be published at least once, more than ten but less than twenty days
before the sale, in a newspaper of general circulation in the
county in which the airport is located. The notice shall
include the name of the aircraft, if any, its aircraft identification number, the last known owner and address, the time and
place of sale, the amount of airport charges that will be owing
at the time of sale, a reasonable description of the aircraft to
be sold and a statement that the airport operator may bid all or
part of its airport charges at the sale and may become a purchaser at the sale;
(c) Before the aircraft is sold, any person seeking to
redeem an impounded aircraft under this section may commence a lawsuit in the superior court of the county in which
the aircraft was impounded, to contest the validity of the
impoundment or the amount of airport charges owing. Such
lawsuit must be commenced within ten days of the date the
notification was provided under subsection (1) of this section,
or the right to a hearing is waived and the owner is liable for
any airport charges owing the airport operator. In the event of
litigation, the prevailing party is entitled to reasonable attorneys’ fees and costs;
(d) The proceeds of a sale under this section shall first be
applied to payment of airport charges owed. The balance, if
any, shall be deposited with the department of revenue to be
held in trust for the owner or owners and lienholders for a
period of one year. If more than one owner appears on the aircraft title, and/or if any liens appear on the title, the department must, if a claim is made, interplead the balance into a
court of competent jurisdiction for distribution. The department may release the balance to the legal owner provided that
the claim is made within one year of sale and only one legal
owner and no lienholders appear on the title. If no valid claim
is made within one year of the date of sale, the excess funds
from the sale shall be deposited in the aircraft search and rescue, safety, and education account created in *RCW
47.68.236. If the sale is for a sum less than the applicable air[Title 14 RCW—page 8]
port charges, the airport operator is entitled to assert a claim
against the aircraft owner or owners for the deficiency;
(e) In the event that no one purchases the aircraft at a
sale, or that the aircraft is not removed from the premises or
other arrangements are not made within ten days of the sale,
title to the aircraft shall revert to the airport operator.
(5) The regulations authorized under this section shall be
enforceable only if:
(a) The airport operator has had its tariff and/or regulations, including any and all regulations authorizing the
impoundment of an aircraft that is the subject of delinquent
airport charges, conspicuously posted at the airport manager’s office at all times.[;]
(b) All impounding remedies available to the airport
operator are included in any written contract for airport
charges between an airport operator and an aircraft owner;
and
(c) All rules and regulations authorized under this section are adopted either pursuant to chapter 34.05 RCW, or by
resolution of the appropriate legislative authority, as applicable. [1999 c 302 § 1; 1987 c 254 § 2.]
*Reviser’s note: RCW 47.68.236 was repealed by 2005 c 341 § 5.
14.08.160 Federal aid. (1) A municipality is authorized
to accept, receive, and receipt for federal moneys and other
moneys, either public or private, for the acquisition, construction, enlargement, improvement, maintenance, equipment, or
operation of airports and other air navigation facilities and
sites therefor, and to comply with the provisions of the laws
of the United States and any rules and regulations made
thereunder for the expenditure of federal moneys upon airports and other air navigation facilities.
(2) The governing body of any municipality is authorized to designate the state secretary of transportation as its
agent to accept, receive, and receipt for federal moneys on its
behalf for airport purposes and to contract for the acquisition,
construction, enlargement, improvement, maintenance,
equipment, or operation of airports or other air navigation
facilities, and may enter into an agreement with the secretary
of transportation prescribing the terms and conditions of such
agency in accordance with federal laws, rules, and regulations and applicable laws of this state. Such moneys as are
paid over by the United States government shall be paid over
to the municipality under such terms and conditions as may
be imposed by the United States government in making the
grant.
(3) All contracts for the acquisition, construction,
enlargement, improvement, maintenance, equipment, or
operation of airports or other air navigation facilities, made
by the municipality itself or through the agency of the state
secretary of transportation, shall be made pursuant to the laws
of this state governing the making of like contracts, except
that where the acquisition, construction, improvement,
enlargement, maintenance, equipment, or operation is
financed wholly or partly with federal moneys, the municipality or the secretary of transportation, as its agent, may let
contracts in the manner prescribed by the federal authorities,
acting under the laws of the United States, and any rules or
regulations made thereunder, notwithstanding any other state
law to the contrary. [1984 c 7 § 6; 1945 c 182 § 9; Rem.
14.08.160
(2010 Ed.)
Municipal Airports—1945 Act
Supp. 1945 § 2722-38. Formerly RCW 14.08.160, 14.08.170,
and 14.08.180.]
Additional notes found at www.leg.wa.gov
14.08.190 Establishment of airports on waters and
reclaimed land. (1) The powers herein granted to a municipality to establish and maintain airports shall include the
power to establish and maintain such airports in, over and
upon any public waters of this state within the limits or jurisdiction of or bordering on the municipality, any submerged
land under such public waters, and any artificial or reclaimed
land which before the artificial making or reclamation thereof
constituted a portion of the submerged land under such public
waters, and as well the power to construct and maintain terminal buildings, landing floats, causeways, roadways and
bridges for approaches to or connecting with the airport, and
landing floats and breakwaters for the protection of any such
airport.
(2) All the other powers herein granted municipalities
with reference to airports on land are granted to them with
reference to such airports in, over and upon public waters,
submerged land under public waters, and artificial or
reclaimed land. [1945 c 182 § 10; Rem. Supp. 1945 § 272239.]
14.08.190
14.08.200 Joint operations. (1) All powers, rights, and
authority granted to any municipality in this chapter may be
exercised and enjoyed by two or more municipalities, or by
this state and one or more municipalities therein, acting
jointly, either within or outside the territorial limits of either
or any of the municipalities and within or outside this state, or
by this state or any municipality therein acting jointly with
any other state or municipality therein, either within or outside this state if the laws of the other state permit such joint
action.
(2) For the purposes of this section only, unless another
intention clearly appears or the context requires otherwise,
this state is included in the term "municipality," and all the
powers conferred upon municipalities in this chapter, if not
otherwise conferred by law, are conferred upon this state
when acting jointly with any municipality or municipalities.
Where reference is made to the "governing body" of a municipality, that term means, as to the state, its secretary of transportation.
(3) Any two or more municipalities may enter into agreements with each other, duly authorized by ordinances or resolution, as may be appropriate, for joint action under this section. Concurrent action by the governing bodies of the municipalities involved constitutes joint action.
(4) Each such agreement shall specify its terms; the proportionate interest which each municipality shall have in the
property, facilities, and privileges involved, and the proportion of preliminary costs, cost of acquisition, establishment,
construction, enlargement, improvement, and equipment, and
of expenses of maintenance, operation, and regulation to be
borne by each, and make such other provisions as may be
necessary to carry out the provisions of this section. It shall
provide for amendments thereof and for conditions and methods of termination; for the disposition of all or any part of the
property, facilities, and privileges jointly owned if the prop14.08.200
(2010 Ed.)
14.08.200
erty, facilities, and privileges, or any part thereof, cease to be
used for the purposes provided in this section or if the agreement is terminated, and for the distribution of the proceeds
received upon any such disposition, and of any funds or other
property jointly owned and undisposed of, and the assumption or payment of any indebtedness arising from the joint
venture which remains unpaid, upon any such disposition or
upon a termination of the agreement.
(5) Municipalities acting jointly as authorized in this section shall create a board from the inhabitants of the municipalities for the purpose of acquiring property for, establishing, constructing, enlarging, improving, maintaining, equipping, operating, and regulating the airports and other air
navigation facilities and airport protection privileges to be
jointly acquired, controlled, and operated. The board shall
consist of members to be appointed by the governing body of
each municipality involved, the number to be appointed by
each to be provided for by the agreement for the joint venture.
Each member shall serve for such time and upon such terms
as to compensation, if any, as may be provided for in the
agreement.
(6) Each such board shall organize, select officers for
terms to be fixed by the agreement, and adopt and from time
to time amend rules of procedure.
(7) Such board may exercise, on behalf of the municipalities acting jointly by which it is appointed, all the powers of
each of the municipalities granted by this chapter, except as
provided in this section. Real property, airports, restricted
landing areas, air protection privileges, or personal property
costing in excess of a sum to be fixed by the joint agreement,
may be acquired, and condemnation proceedings may be
instituted, only by approval of the governing bodies of each
of the municipalities involved. Upon the approval of the governing body, or if no approval is necessary then upon the
board’s own determination, such property may be acquired
by private negotiation under such terms and conditions as
seem just and proper to the board. The total amount of expenditures to be made by the board for any purpose in any calendar year shall be determined by the municipalities involved
by the approval by each on or before the preceding December
1st, of a budget for the ensuing calendar year, which budget
may be amended or supplemented by joint resolution of the
municipalities involved during the calendar year for which
the original budget was approved. Rules and regulations provided for by RCW 14.08.120(2) become effective only upon
approval of each of the appointing governing bodies. No real
property and no airport, other navigation facility, or air protection privilege, owned jointly, may be disposed of by the
board by sale except by authority of all the appointing governing bodies, but the board may lease space, land area, or
improvements and grant concessions on airports for aeronautical purposes, or other purposes which will not interfere with
the aeronautical purposes of such airport, air navigation facility, or air protection privilege by private negotiation under
such terms and conditions as seem just and proper to the
board, subject to the provisions of RCW 14.08.120(4). Subject to the provisions of the agreement for the joint venture,
and when it appears to the board to be in the best interests of
the municipalities involved, the board may sell any personal
property by private negotiations under such terms and conditions as seem just and proper to the board.
[Title 14 RCW—page 9]
14.08.290
Title 14 RCW: Aeronautics
(8) Each municipality, acting jointly with another pursuant to the provisions of this section, is authorized and
empowered to enact, concurrently with the other municipalities involved, such ordinances as are provided for by RCW
14.08.120(2), and to fix by such ordinances penalties for the
violation thereof. When so adopted, the ordinances have the
same force and effect within the municipalities and on any
property jointly controlled by them or adjacent thereto,
whether within or outside the territorial limits of either or any
of them, as ordinances of each municipality involved, and
may be enforced in any one of the municipalities in the same
manner as are its individual ordinances. The consent of the
state secretary of transportation to any such ordinance, where
the state is a party to the joint venture, is equivalent to the
enactment of the ordinance by a municipality. The publication provided for in RCW 14.08.120(2) shall be made in each
municipality involved in the manner provided by law or charter for publication of its individual ordinances.
(9) Condemnation proceedings shall be instituted, in the
names of the municipalities jointly, and the property acquired
shall be held by the municipalities as tenants in common. The
provisions of RCW 14.08.030(2) apply to such proceedings.
(10) For the purpose of providing funds for necessary
expenditures in carrying out the provisions of this section, a
joint fund shall be created and maintained, into which each of
the municipalities involved shall deposit its proportionate
share as provided by the joint agreement. Such funds shall be
provided for by bond issues, tax levies, and appropriations
made by each municipality in the same manner as though it
were acting separately under the authority of this chapter.
The revenues obtained from the ownership, control, and
operation of the airports and other air navigation facilities
jointly controlled shall be paid into the fund, to be expended
as provided in this chapter. Revenues in excess of cost of
maintenance and operating expenses of the joint properties
shall be divided or allowed to accumulate for future anticipated expenditures as may be provided in the original agreement, or amendments thereto, for the joint venture. The
action of municipalities involved in heretofore permitting
such revenues to so accumulate is declared to be legal and
valid.
(11) The governing body may by joint directive designate some person having experience in financial or fiscal
matters as treasurer of the joint operating agency. Such a treasurer shall possess all the powers, responsibilities, and duties
that the county treasurer and auditor possess for a joint operating agency related to creating and maintaining funds, issuing warrants, and investing surplus funds. The governing
body may, and if the treasurer is not the county treasurer it
shall, require a bond, with a surety company authorized to do
business in the state of Washington, in an amount and under
the terms and conditions which the governing body finds will
protect the joint operating agency. The premium on such
bond shall be paid by the joint operating agency. All disbursements from the joint fund shall be made by order of the
board in accordance with such rules and regulations and for
such purposes as the appointing governing bodies, acting
jointly, shall prescribe. If no such joint directive is made by
the governing appointing bodies to designate a treasurer, then
the provisions of RCW 43.09.285 apply to such joint fund.
[Title 14 RCW—page 10]
(12) Specific performance of the provisions of any joint
agreement entered into as provided for in this section may be
enforced as against any party thereto by the other party or
parties thereto. [1987 c 254 § 4; 1984 c 7 § 7; 1967 c 182 §
1; 1949 c 120 § 1; 1945 c 182 § 11; Rem. Supp. 1949 § 272240. Formerly RCW 14.08.200 through 14.08.280.]
Joint operations by municipal corporations or political subdivisions, deposit
and control of funds: RCW 43.09.285.
Additional notes found at www.leg.wa.gov
14.08.290 County airport districts authorized. The
establishment of county airport districts is hereby authorized.
Written application for the formation of such a district signed
by at least one hundred registered voters, who reside and own
real estate in the proposed districts, shall be filed with the
board of county commissioners. The board shall immediately transmit the application to the proper registrar of voters
for the proposed district who shall check the names, residence, and registration of the signers with the records of his
or her office and shall, as soon as possible, certify to said
board the number of qualified signers. If the requisite number of signers is so certified, the board shall thereupon place
the proposition: "Shall a county airport district be established
in the following area: (describing the proposed district)?,"
upon the ballot for vote of the people of the proposed district
at the next election, general or special. If a majority of the
voters on such proposition shall vote in favor of the proposition, the board, shall, by resolution, declare the district established. If the requisite number of qualified persons have not
signed the application, further signatures may be added and
certified until the requisite number have signed and the above
procedure shall be thereafter followed.
The area of such district may be the area of the county
including incorporated cities and towns, or such portion or
portions thereof as the board may determine to be the most
feasible for establishing an airport. When established, an airport district shall be a municipality as defined in this chapter
and entitled to all the powers conferred by this chapter and
exercised by municipal corporations in this state. The airport
district is hereby empowered to levy not more than seventyfive cents per thousand dollars of assessed value of the property lying within the said airport district: PROVIDED,
HOWEVER, Such levy shall not be made unless first
approved at any election called for the purpose of voting on
such levy. [2010 c 8 § 5001; 1973 1st ex.s. c 195 § 1; 1949 c
194 § 1; 1945 c 182 § 12; Rem. Supp. 1949 § 2722-41.]
14.08.290
Additional notes found at www.leg.wa.gov
14.08.300 Governing body of district. The governing
body of a county airport district shall be the board of county
commissioners except as in this chapter provided. [1951 c
114 § 1; 1945 c 182 § 13; Rem. Supp. 1945 § 2722-42.]
14.08.300
14.08.302 Board of airport district commissioners—
Petition—Order establishing. One hundred or more registered voters in any county airport district may make, sign and
file a petition with the board of county commissioners asking
that thereafter the airport district be governed by a board of
airport district commissioners. Within ten days after receipt
of such petition, the board of county commissioners shall
14.08.302
(2010 Ed.)
Airport Zoning
check the petition. If the petition be found adequate and to be
signed by the prescribed number of legal voters, the board of
county commissioners shall within a reasonable time call a
public hearing, notice of which shall be given by publication
one week in advance thereof in a newspaper circulating
within the district, at which arguments shall be heard for or
against the proposal and if it shall appear to the county commissioners that the residents of the district so desire they shall
enter an order declaring that the county airport district shall
be governed by a board of three airport district commissioners. [1951 c 114 § 2.]
14.08.304 Board of airport district commissioners—
Members—Election—Terms—Expenses. The board of
airport district commissioners shall consist of three members.
The first commissioners shall be appointed by the county legislative authority. At the next general district election, held as
provided in *RCW 29.13.020, three airport district commissioners shall be elected. The terms of office of airport district
commissioners shall be two years, or until their successors
are elected and qualified and have assumed office in accordance with *RCW 29.04.170. Members of the board of airport district commissioners shall be elected at each regular
district general election on a nonpartisan basis in accordance
with the general election law. Vacancies on the board of airport district commissioners shall occur and shall be filled as
provided in chapter 42.12 RCW. Members of the board of
airport district commissioners shall receive no compensation
for their services, but shall be reimbursed for actual necessary
traveling and sustenance expenses incurred while engaged on
official business. [1994 c 223 § 4; 1979 ex.s. c 126 § 3; 1951
c 114 § 3.]
14.08.304
*Reviser’s note: RCW 29.13.020 and 29.04.170 were recodified as
RCW 29A.04.330 and 29A.20.040, respectively, pursuant to 2003 c 111 §
2401, effective July 1, 2004.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
Nonpartisan primaries and elections: Chapter 29A.52 RCW.
14.08.310 Assistance to other municipalities. Whenever the governing body of any municipality determines that
the public interest and the interests of the municipality will be
served by assisting any other municipality in exercising the
powers and authority granted by this chapter, such first-mentioned municipality is expressly authorized and empowered
to furnish such assistance by gift, or lease with or without
rental, of real property, by the donation, lease with or without
rental, or loan, of personal property, and by the appropriation
of moneys, which may be provided for by taxation or the
issuance of bonds in the same manner as funds might be provided for the same purposes if the municipality were exercising the powers heretofore granted in its own behalf. [1945 c
182 § 14; Rem. Supp. 1945 § 2722-43.]
14.08.310
14.08.330 Jurisdiction of municipality over airport
and facilities exclusive—Concurrent jurisdiction over
adjacent territory—Fire code enforcement by agreement.
Every airport and other air navigation facility controlled and
operated by any municipality, or jointly controlled and operated pursuant to the provisions of this chapter, shall, subject
to federal and state laws, rules, and regulations, be under the
exclusive jurisdiction and control of the municipality or
14.08.330
(2010 Ed.)
14.12.010
municipalities controlling and operating it. The municipality
or municipalities shall have concurrent jurisdiction over the
adjacent territory described in RCW 14.08.120(2). No other
municipality in which the airport or air navigation facility is
located shall have any police jurisdiction of the same or any
authority to charge or exact any license fees or occupation
taxes for the operations. However, by agreement with the
municipality operating and controlling the airport or air navigation facility, a municipality in which an airport or air navigation facility is located may be responsible for the administration and enforcement of the uniform fire code, as adopted
by that municipality under RCW 19.27.040, on that portion
of any airport or air navigation facility located within its
jurisdictional boundaries. [1985 c 246 § 1; 1945 c 182 § 15;
Rem. Supp. 1945 § 2722-44.]
14.08.340 Interpretation and construction. This act
shall be so interpreted and construed as to make uniform so
far as possible the laws and regulations of this state and other
states and of the government of the United States having to
do with the subject of aeronautics. [1945 c 182 § 17; Rem.
Supp. 1945 § 2722-46.]
14.08.340
14.08.350 Severability—1945 c 182. If any provision
of this act or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect
the provisions or application of this act which can be given
effect without the invalid provisions or application, and to
this end the provisions of this act are declared to be severable.
[1945 c 182 § 16.]
14.08.350
14.08.360 Short title. This act may be cited as the
"Revised Airports Act." [1945 c 182 § 18.]
14.08.360
14.08.370 Repeal. All acts and parts of acts in conflict
with this act are hereby repealed. [1945 c 182 § 19.]
14.08.370
Chapter 14.12
Chapter 14.12 RCW
AIRPORT ZONING
Sections
14.12.010
14.12.020
14.12.030
14.12.050
14.12.070
14.12.090
14.12.110
14.12.140
14.12.180
14.12.190
14.12.200
14.12.210
14.12.220
14.12.900
14.12.910
Definitions.
Airport hazards contrary to public interest.
Power to adopt airport zoning regulations.
Relation to comprehensive zoning regulations.
Procedure for adoption of zoning regulations.
Airport zoning requirements.
Permits and variances.
Board of adjustment.
Administration of airport zoning regulations.
Appeals.
Judicial review.
Enforcement and remedies.
Acquisition of air rights.
Severability—1945 c 174.
Short title.
Municipal airports, subject to county’s comprehensive plan and zoning ordinances: RCW 35.22.415.
Planning commissions: Chapter 35.63 RCW.
14.12.010 Definitions. As used in this chapter, unless
the context otherwise requires:
(1) "Airport hazard" means any structure or tree or use of
land which obstructs the airspace required for the flight of
14.12.010
[Title 14 RCW—page 11]
14.12.020
Title 14 RCW: Aeronautics
aircraft in landing or taking-off at an airport or is otherwise
hazardous to such landing or taking-off of aircraft.
(2) "Airport hazard area" means any area of land or water
upon which an airport hazard might be established if not prevented as provided in this chapter.
(3) "Airports" means any area of land or water designed
and set aside for the landing and taking-off of aircraft and utilized or to be utilized in the interest of the public for such purposes.
(4) "Person" means any individual, firm, copartnership,
corporation, company, association, joint stock association or
body politic, including the state and its political subdivisions,
and includes any trustee, receiver, assignee, or other similar
representative thereof.
(5) "Political subdivision" means any county, city, town,
port district or other municipal or quasi municipal corporation authorized by law to acquire, own or operate an airport.
(6) "Structure" means any object constructed or installed
by a human being, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines.
(7) "Tree" means any object of natural growth. [2009 c
549 § 1006; 1945 c 174 § 1; Rem. Supp. 1945 § 2722-15.]
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
14.12.020 Airport hazards contrary to public interest. It is hereby found that an airport hazard endangers the
lives and property of users of the airport and of occupants of
land in its vicinity, and also, if of the obstruction type, in
effect reduces the size of the area available for the landing,
taking-off and maneuvering of aircraft thus tending to
destroy or impair the utility of the airport and the public
investment therein. Accordingly, it is hereby declared: (1)
That the creation or establishment of an airport hazard is a
public nuisance and an injury to the community served by the
airport in question; (2) that it is therefore necessary in the
interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be
prevented; and (3) that this should be accomplished, to the
extent legally possible, by exercise of the police power, without compensation. It is further declared that both the prevention of the creation or establishment of airport hazards and
the elimination, removal, alteration, mitigation, or marking
and lighting of existing airport hazards are public purposes
for which political subdivisions may raise and expend public
funds and acquire land or property interests therein. [1945 c
174 § 2; Rem. Supp. 1945 § 2722-16.]
14.12.020
14.12.030 Power to adopt airport zoning regulations.
(1) In order to prevent the creation or establishment of airport
hazards, every political subdivision having an airport hazard
area within its territorial limits may adopt, administer, and
enforce, under the police power and in the manner and upon
the conditions hereinafter prescribed, airport zoning regulations for such airport hazard area, which regulations may
divide such area into zones, and, within such zones, specify
the land uses permitted and regulate and restrict the height to
which structures and trees may be erected or allowed to grow.
(2) Where an airport is owned or controlled by a political
subdivision and any airport hazard area appertaining to such
airport is located outside the territorial limits of said political
14.12.030
[Title 14 RCW—page 12]
subdivision, the political subdivision owning or controlling
the airport and the political subdivision within which the airport hazard area is located may, by ordinance or resolution
duly adopted, create a joint airport zoning board, which board
shall have the same power to adopt, administer, and enforce
airport zoning regulations applicable to the airport hazard
area in question as that vested by subsection (1) of this section in the political subdivision within which such area is
located. Each such joint board shall have as members two
representatives appointed by each political subdivision participating in its creation and in addition a chair elected by a
majority of the members so appointed. [2010 c 8 § 5003;
1945 c 174 § 3; Rem. Supp. 1945 § 2722-17. Formerly RCW
14.12.030 and 14.12.040.]
14.12.050
14.12.050 Relation to comprehensive zoning regulations. (1) Incorporation. In the event that a political subdivision has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things, the height of
buildings, any airport zoning regulations applicable to the
same area or portion thereof, may be incorporated in and
made a part of such comprehensive zoning regulations, and
be administered and enforced in connection therewith.
(2) Conflict. In the event of conflict between any airport
zoning regulations adopted under this chapter and any other
regulations applicable to the same area, whether the conflict
be with respect to the height of structures or trees, the use of
land, or any other matter, and whether such other regulations
were adopted by the political subdivision which adopted the
airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail. [1945 c 174 § 4; Rem. Supp. 1945 § 272218. Formerly RCW 14.12.050 and 14.12.060.]
14.12.070
14.12.070 Procedure for adoption of zoning regulations. (1) Notice and hearing. No airport zoning regulations
shall be adopted, amended, or changed under this chapter
except by action of the legislative body of the political subdivision in question, or the joint board provided for in RCW
14.12.030(2), after a public hearing in relation thereto, at
which parties in interest and citizens shall have an opportunity to be heard. At least fifteen days’ notice of the hearing
shall be published in an official paper, or a paper of general
circulation, in the political subdivision or subdivisions in
which is located the airport hazard area to be zoned.
(2) Airport zoning commission. Prior to the initial zoning of any airport hazard area under this chapter, the political
subdivision or joint airport zoning board which is to adopt the
regulations shall appoint a commission, to be known as the
airport zoning commission, to recommend the boundaries of
the various zones to be established and the regulations to be
adopted therefor. Such commission shall make a preliminary
report and hold public hearings thereon before submitting its
final report, and the legislative body of the political subdivision or the joint airport zoning board shall not hold its public
hearings or take other action until it has received the final
report of such commission. Where a city plan commission or
comprehensive zoning commission already exists, it may be
appointed as the airport zoning commission. [1945 c 174 § 5;
(2010 Ed.)
Airport Zoning
Rem. Supp. 1945 § 2722-19. Formerly RCW 14.12.070 and
14.12.080.]
Public meetings: Chapter 42.30 RCW.
14.12.090 Airport zoning requirements. (1) Reasonableness. All airport zoning regulations adopted under this
chapter shall be reasonable and none shall impose any
requirement or restriction which is not reasonably necessary
to effectuate the purposes of this chapter. In determining
what regulations it may adopt, each political subdivision and
joint airport zoning board shall consider, among other things,
the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood, and the
uses to which the property to be zoned is put and adaptable.
(2) Nonconforming uses. No airport zoning regulations
adopted under this chapter shall require the removal, lowering, or other change or alteration of any structure or tree not
conforming to the regulations when adopted or amended, or
otherwise interfere with the continuance of any nonconforming use, except as provided in RCW 14.12.110(3). [1945 c
174 § 6; Rem. Supp. 1945 § 2722-20. Formerly RCW
14.12.090 and 14.12.100.]
14.12.090
14.12.110 Permits and variances. (1) Permits. Any
airport zoning regulations adopted under this chapter may
require that a permit be obtained before any new structure or
use may be constructed or established and before any existing
use or structure may be substantially changed or substantially
altered or repaired. In any event, however, all such regulations shall provide that before any nonconforming structure
or tree may be replaced, substantially altered or repaired,
rebuilt, allowed to grow higher, or replanted, a permit must
be secured from the administrative agency authorized to
administer and enforce the regulations, authorizing such
replacement, change, or repair. No permit shall be granted
that would allow the establishment or creation of an airport
hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a
greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application
for a permit is made. Except as provided herein, all applications for permits shall be granted.
(2) Variances. Any person desiring to erect any structure, or increase the height of any structure, or permit the
growth of any tree, or otherwise use his or her property in
violation of airport zoning regulations adopted under this
chapter, may apply to the board of adjustment for a variance
from the zoning regulations in question. Such variances shall
be allowed where a literal application or enforcement of the
regulations would result in practical difficulty or unnecessary
hardship and the relief granted would not be contrary to the
public interest but do substantial justice and be in accordance
with the spirit of the regulations and this chapter: PROVIDED, That any variance may be allowed subject to any
reasonable conditions that the board of adjustment may deem
necessary to effectuate the purposes of this chapter.
(3) Hazard marking and lighting. In granting any permit
or variance under this section, the administrative agency or
board of adjustment may, if it deems such action advisable to
14.12.110
(2010 Ed.)
14.12.180
effectuate the purposes of this chapter and reasonable in the
circumstances, so condition such permit or variance as to
require the owner of the structure or tree in question to permit
the political subdivision, at its own expense, to install, operate, and maintain thereon such markers and lights as may be
necessary to indicate to flyers the presence of an airport hazard. [2010 c 8 § 5004; 1945 c 174 § 7; Rem. Supp. 1945 §
2722-21. Formerly RCW 14.12.110, 14.12.120, and
14.12.130.]
14.12.140 Board of adjustment. (1) All airport zoning
regulations adopted under this chapter shall provide for a
board of adjustment to have and exercise the following powers:
(a) To hear and decide appeals from any order, requirement, decision, or determination made by the administrative
agency in the enforcement of the airport zoning regulations,
as provided in RCW 14.12.190.
(b) To hear and decide any special exceptions to the
terms of the airport zoning regulations upon which such
board may be required to pass under such regulations.
(c) To hear and decide specific variances under RCW
14.12.110(2).
(2) Where a zoning board of appeals or adjustment
already exists, it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall consist of
five members, each to be appointed for a term of three years
by the authority adopting the regulations and to be removable
by the appointing authority for cause, upon written charges
and after public hearing.
(3) The concurring vote of a majority of the members of
the board of adjustment shall be sufficient to reverse any
order, requirement, decision, or determination of the administrative agency, or to decide in favor of the applicant on any
matter upon which it is required to pass under the airport zoning regulations, or to effect any variation in such regulations.
(4) The board shall adopt rules in accordance with the
provisions of the ordinance or resolution by which it was created. Meetings of the board shall be held at the call of the
chair and at such other times as the board may determine.
The chair, or in his or her absence the acting chair, may
administer oaths and compel the attendance of witnesses. All
hearings of the board shall be public. The board shall keep
minutes of its proceedings, showing the vote of each member
upon each question, or, if absent or failing to vote, indicating
such fact, and shall keep records of its examinations and
other official actions, all of which shall immediately be filed
in the office of the board and shall be a public record. [2010
c 8 § 5005; 1945 c 174 § 10; Rem. Supp. 1945 § 2722-24.
Formerly RCW 14.12.140, 14.12.150, 14.12.160, and
14.12.170.]
14.12.140
14.12.180 Administration of airport zoning regulations. All airport zoning regulations adopted under this chapter shall provide for the administration and enforcement of
such regulations by an administrative agency which may be
an agency created by such regulations or any official, board,
or other existing agency of the political subdivision adopting
the regulations or of one of the political subdivisions which
participated in the creation of the joint airport zoning board
14.12.180
[Title 14 RCW—page 13]
14.12.190
Title 14 RCW: Aeronautics
adopting the regulations, if satisfactory to that political subdivision, but in no case shall such administrative agency be or
include any member of the board of adjustment. The duties of
any administrative agency designated pursuant to this chapter
shall include that of hearing and deciding all permits under
RCW 14.12.110(1), but such agency shall not have or exercise any of the powers herein delegated to the board of adjustment. [1945 c 174 § 9; Rem. Supp. 1945 § 2722-23.]
14.12.190
14.12.190 Appeals. (1) Any person aggrieved, or taxpayer affected, by any decision of an administrative agency
made in its administration of airport zoning regulations
adopted under this chapter, or any governing body of a political subdivision, or any joint airport zoning board, which is of
the opinion that a decision or [of] such an administrative
agency is an improper application of airport zoning regulations of concern to such governing body or board, may appeal
to the board of adjustment authorized to hear and decide
appeals from the decisions of such administrative agency.
(2) All appeals taken under this section must be taken
within a reasonable time, as provided by the rules of the
board, by filing with the agency from which the appeal is
taken and with the board, a notice of appeal specifying the
grounds thereof. The agency from which the appeal is taken
shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was
taken.
(3) An appeal shall stay all proceedings in furtherance of
the action appealed from, unless the agency from which the
appeal is taken certifies to the board, after the notice of appeal
has been filed with it, that by reason of the facts stated in the
certificate a stay would, in its opinion, cause imminent peril
to life or property. In such cases proceedings shall not be
stayed otherwise than by order of the board or notice to the
agency from which the appeal is taken and on due cause
shown.
(4) The board shall fix a reasonable time for the hearing
of appeals, give public notice and due notice to the parties in
interest, and decide the same within a reasonable time. Upon
the hearing any party may appear in person or by agent or by
attorney.
(5) The board may, in conformity with the provisions of
this chapter, reverse or affirm wholly or partly, or modify, the
order, requirement, decision, or determination appealed from
and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the
powers of the administrative agency from which the appeal is
taken. [1945 c 174 § 8; Rem. Supp. 1945 § 2722-22.]
14.12.200
14.12.200 Judicial review. (1) Any person aggrieved,
or taxpayer affected, by any decision of the board of adjustment, or any governing body of a political subdivision or any
joint airport zoning board which is of the opinion that a decision of a board of adjustment is illegal, may present to the
superior court of the county in which the airport is located a
verified petition setting forth that the decision is illegal, in
whole or in part, and specifying the grounds of the illegality.
Such petition shall be presented to the court within thirty days
after the decision is filed in the office of the board.
[Title 14 RCW—page 14]
(2) Upon presentation of such petition the court may
allow a writ of review directed to the board of adjustment to
review such decision of the board. The allowance of the writ
shall not stay proceedings upon the decision appealed from,
but the court may, on application, on notice to the board and
on due cause shown, grant a supersedeas.
(3) The board of adjustment shall not be required to
return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such
portions thereof as may be called for by the writ. The return
shall concisely set forth such other facts as may be pertinent
and material to show the grounds of the decision appealed
from and shall be verified.
(4) The court shall have exclusive jurisdiction to affirm,
modify, or set aside the decision brought up for review, in
whole or in part, and if need be, to order further proceedings
by the board of adjustment. The findings of fact by the board,
if supported by substantial evidence, shall be accepted by the
court as conclusive, and no objection to a decision of the
board shall be considered by the court unless such objection
shall have been urged before the board, or, if it was not so
urged, unless there were reasonable grounds for failure to do
so.
(5) Costs shall not be allowed against the board of
adjustment unless it appears to the court that it acted with
gross negligence, in bad faith, or with malice, in making the
decision appealed from.
(6) In any case in which airport zoning regulations
adopted under this chapter, although generally reasonable,
are held by a court to interfere with the use or enjoyment of a
particular structure or parcel of land to such extent, or to be so
onerous in their application to such a structure or parcel of
land, as to constitute a taking or deprivation of that property
in violation of the Constitution of this state or the Constitution of the United States, such holding shall not affect the
application of such regulations to other structures and parcels
of land. [1945 c 174 § 11; Rem. Supp. 1945 § 2722-25.]
14.12.210 Enforcement and remedies. Each violation
of this chapter or of any regulations, orders, or rulings promulgated or made pursuant to this chapter, shall constitute a
misdemeanor, and each day a violation continues to exist
shall constitute a separate offense. In addition, the political
subdivision or agency adopting zoning regulations under this
chapter may institute in any court of competent jurisdiction,
an action to prevent, restrain, correct or abate any violation of
this chapter, or of airport zoning regulations adopted under
this chapter, or of any order or ruling made in connection
with their administration or enforcement, and the court shall
adjudge to the plaintiff such relief, by way of injunction
(which may be mandatory) or otherwise, as may be proper
under all the facts and circumstances of the case, in order
fully to effectuate the purposes of this chapter and of the regulations adopted and orders and rulings made pursuant
thereto. [1945 c 174 § 12; Rem. Supp. 1945 § 2722-26.]
14.12.210
14.12.220 Acquisition of air rights. In any case in
which: (1) It is desired to remove, lower, or otherwise terminate a nonconforming structure or use; or (2) the approach
protection necessary cannot, because of constitutional limita14.12.220
(2010 Ed.)
Aircraft and Airman Regulations
tions, be provided by airport zoning regulations under this
chapter; or (3) it appears advisable that the necessary
approach protection be provided by acquisition of property
rights rather than by airport zoning regulations, the political
subdivision within which the property or nonconforming use
is located or the political subdivision owning the airport or
served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political
subdivisions are authorized to acquire real property for public
purposes, such air right, avigation casement [easement], or
other estate or interest in the property or nonconforming
structure or use in question as may be necessary to effectuate
the purposes of this chapter. [1945 c 174 § 13; Rem. Supp.
1945 § 2722-27.]
14.12.900 Severability—1945 c 174. If any provision
of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the
provisions or applications of the chapter which can be given
effect without the invalid provision or application, and to this
end the provisions of this chapter are declared to be severable. [1945 c 174 § 14.]
14.12.900
14.12.910 Short title. This act shall be known and may
be cited as the "Airport Zoning Act." [1945 c 174 § 15.]
14.12.910
Chapter 14.16 RCW
AIRCRAFT AND AIRMAN REGULATIONS
Chapter 14.16
Sections
14.16.010
14.16.020
14.16.030
14.16.040
14.16.050
14.16.060
14.16.080
14.16.090
14.16.900
Definitions.
Federal licensing of aircraft required.
Federal licensing of airmen or airwomen.
Possession of license.
Traffic rules.
Penalty.
Downed aircraft rescue transmitter required—Exceptions.
Certain aircraft to carry survival kit—Contents—Misdemeanor to operate without—Exceptions.
Severability—1929 c 157.
Operating aircraft recklessly or under influence of intoxicants or drugs:
RCW 47.68.220.
14.16.010 Definitions. In this chapter "aircraft" means
any contrivance now known or hereafter invented, used, or
designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but
used primarily as safety equipment. The term "airman" or
"airwoman" means any individual (including the person in
command and any pilot, mechanic, or member of the crew)
who engages in the navigation of aircraft while under way
and any individual who is in charge of the inspection, overhauling, or repairing of aircraft. "Operating aircraft" means
performing the services of aircraft pilot. "Person" means any
individual, proprietorship, partnership, corporation, or trust.
"Downed aircraft rescue transmitter" means a transmitter of a
type approved by the state department of transportation or the
federal aviation administration with sufficient transmission
power and reliability that it will be automatically activated
upon the crash of an aircraft so as to transmit a signal on a
preset frequency so that it will be effective to assist in the
location of the downed aircraft. "Air school" means air
school as defined in RCW 47.68.020(11). [2010 c 8 § 5006;
14.16.010
(2010 Ed.)
14.16.050
1984 c 7 § 8; 1969 ex.s. c 205 § 1; 1929 c 157 § 1; RRS §
2722-1.]
Additional notes found at www.leg.wa.gov
14.16.020 Federal licensing of aircraft required. The
public safety requiring and the advantages of uniform regulation making it desirable in the interest of aeronautical
progress that aircraft operating within this state should conform with respect to design, construction, and airworthiness
to the standards prescribed by the United States government
with respect to navigation of aircraft subject to its jurisdiction, it shall be unlawful for any person to navigate any aircraft within this state unless it is licensed and registered by
the department of commerce of the United States in the manner prescribed by the lawful rules and regulations of the
United States government then in force: PROVIDED, HOWEVER, That for the first thirty days after entrance into this
state this section shall not apply to aircraft owned by a nonresident of this state other than aircraft carrying persons or
property for hire, if such aircraft is licensed and registered
and displays identification marks in compliance with the laws
of the state, territory or foreign country of which its owner is
a resident. [1929 c 157 § 2; RRS § 2722-2.]
14.16.020
Aircraft certificates required: RCW 47.68.230.
Federal aviation program: Title 49, chapter 20, U.S.C.
14.16.030 Federal licensing of airmen or airwomen.
The public safety requiring and the advantages of uniform
regulation making it desirable in the interest of aeronautical
progress that a person serving as an airman or airwoman
within this state should have the qualifications necessary for
obtaining and holding the class of license required by the
United States government with respect to such an airman or
airwoman subject to its jurisdiction, it shall be unlawful for
any person to serve as an airman or airwoman within this
state unless he or she has such a license: PROVIDED, HOWEVER, That for the first thirty days after entrance into this
state this section shall not apply to nonresidents of this state
operating aircraft within this state, other than aircraft carrying
persons or property for hire, if such person shall have fully
complied with the laws of the state, territory or foreign country of his or her residence respecting the licensing of airmen
or airwomen. [2010 c 8 § 5007; 1929 c 157 § 3; RRS § 27223.]
14.16.030
Airman and airwoman certificates required: RCW 47.68.230.
Federal aviation program: Title 49, chapter 20, U.S.C.
14.16.040 Possession of license. The certificate of the
license herein required shall be kept in the personal possession of the licensee when he or she is serving as an airman or
airwoman within this state, and must be presented for inspection upon the demand of any passenger, any peace officer of
this state, or any official, manager, or person in charge of any
airport or landing field in this state upon which he or she shall
land. [2010 c 8 § 5008; 1929 c 157 § 4; RRS § 2722-4.]
14.16.040
14.16.050 Traffic rules. The public safety requiring
and the advantages of uniform regulation making it desirable
in the interest of aeronautical progress that any person operating aircraft within this state should conform to the air traffic
14.16.050
[Title 14 RCW—page 15]
14.16.060
Title 14 RCW: Aeronautics
rules now or hereafter established by the secretary of commerce of the United States for the navigation of aircraft subject to the jurisdiction of the United States, it shall be unlawful for any person to navigate any aircraft within this state
otherwise than in conformity with said air traffic rules. [1929
c 157 § 5; RRS § 2722-5.]
14.16.900 Severability—1929 c 157. If any provision
of this act is declared unconstitutional or the application
thereof to any person or circumstance is held invalid, the
validity of the remainder of the act and the application of
such provision to other persons and circumstances shall not
be affected thereby. [1929 c 157 § 7.]
14.16.900
Federal aviation program: Title 49, chapter 20, U.S.C.
Chapter 14.20
14.16.060 Penalty. Any person who violates any provision of this chapter shall be guilty of an offense punishable by
a fine of not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and
imprisonment. [1929 c 157 § 6; RRS § 2722-6.]
14.16.060
14.16.080 Downed aircraft rescue transmitter
required—Exceptions. Any aircraft used to carry persons
or property for compensation, or any aircraft that is rented or
leased without a pilot, shall be equipped with a fully functional downed aircraft rescue transmitter and it shall be
unlawful for any person to operate such aircraft without such
a transmitter: PROVIDED, HOWEVER, Nothing in this section shall apply to (1) instructional flights by an air school,
with the exception of solo flights by students; (2) aircraft
owned by and used exclusively in the service of the United
States government; (3) aircraft registered under the laws of a
foreign country; (4) aircraft owned by the manufacturer
thereof while being operated for test or experimental purposes, or for the purpose of training crews for purchasers of
the aircraft; and (5) aircraft used by any air carrier or supplemental air carrier operating in accordance with the provisions
of a certificate of public conveyance and necessity under the
provisions of the Federal Aviation Act of 1958, Public Law
85-726, as amended. [1987 c 273 § 1; 1969 ex.s. c 205 § 2.]
14.16.080
14.16.090 Certain aircraft to carry survival kit—
Contents—Misdemeanor to operate without—Exceptions. (1) Any aircraft used to carry persons or property for
compensation, or any aircraft that is rented or leased without
a pilot shall be equipped with a survival kit consisting of
those items prescribed by the department of transportation,
which shall include, at least the following: (a) A tube tent or
similar sheltering device; (b) a horn, whistle, or similar audible device capable of emitting a signal one-quarter of a mile;
(c) a mirror; (d) matches; (e) a candle and/or another firestarting device; and (f) survival instruction.
(2) It shall be unlawful for any person to operate such
aircraft without such a survival kit: PROVIDED, HOWEVER, That nothing in this section shall apply to: (a)
Instructional flights by an air school, with the exception of
solo flights by students; (b) aircraft owned by and exclusively
in the service of the United States government; (c) aircraft
registered under the laws of a foreign country; (d) aircraft
owned by the manufacturer thereof while being operated for
test or experimental purposes, or for the purpose of training
crews for purchasers of the aircraft; and (e) aircraft used by
any air carrier or supplemental air carrier operating in accordance with the provisions of a certificate of public conveyance and necessity under the provisions of the federal aviation act of 1958, Public Law 85-726, as amended. [1987 c
273 § 2.]
14.16.090
[Title 14 RCW—page 16]
Chapter 14.20 RCW
AIRCRAFT DEALERS
Sections
14.20.010
14.20.020
14.20.030
14.20.040
14.20.050
14.20.060
14.20.070
14.20.080
14.20.090
14.20.100
Definitions.
Aircraft dealer licensure—Penalty.
Application for license—Contents.
Certificates.
License and certificate fees.
Payment of fees—Fund—Possession and display of licenses
and certificates.
Surety bonds.
Branches and subagencies.
Denial, suspension, revocation of license—Grounds.
Appeal from secretary’s order.
Aircraft excise tax: Chapter 82.48 RCW.
14.20.010 Definitions. When used in this chapter and
RCW 47.68.250 and 82.48.100:
(1) "Person" includes a firm, partnership, or corporation;
(2) "Dealer" means a person engaged in the business of
selling, exchanging, or acting as a broker of aircraft or who
offers for sale two or more aircraft within a calendar year;
(3) "Aircraft" means any weight-carrying device or
structure for navigation of the air, designed to be supported
by the air, but which is heavier than air and is mechanically
driven;
(4) "Secretary" means the secretary of the state department of transportation. [1993 c 208 § 1; 1984 c 7 § 9; 1955 c
150 § 1.]
14.20.010
Additional notes found at www.leg.wa.gov
14.20.020 Aircraft dealer licensure—Penalty. (1) It is
unlawful for a person to act as an aircraft dealer without a
currently valid aircraft dealer’s license issued under this
chapter.
(2)(a) Except as provided in (b) of this subsection, a person acting as an aircraft dealer without a currently issued aircraft dealer’s license is guilty of a misdemeanor and shall be
punished by either a fine of not more than one thousand dollars or by imprisonment for not more than ninety days, or
both.
(b) A person convicted on a second or subsequent conviction within a five-year period is guilty of a gross misdemeanor and shall be punished by either a fine of not more
than five thousand dollars or by imprisonment for not more
than one year, or both.
(3) In addition to, or in lieu of, the penalties provided in
this section, or as a condition to the suspension of a sentence
that may be imposed under this section, the court in its discretion may prohibit the violator from acting as an aircraft dealer
within the state for such a period as it may determine but not
to exceed one year. Violation of the duly imposed prohibition of the court may be treated as a separate offense under
this section or as contempt of court.
14.20.020
(2010 Ed.)
Aircraft Dealers
14.20.090
(4) Any person applying for an aircraft dealer’s license
shall do so at the office of the secretary on a form provided
for that purpose by the secretary. [2003 c 53 § 102; 1993 c
208 § 2; 1984 c 7 § 10; 1983 c 135 § 1; 1955 c 150 § 2.]
a fee of seventy-five dollars. [2010 c 8 § 5010; 1998 c 187 §
1; 1984 c 7 § 13; 1955 c 150 § 5.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
14.20.060 Payment of fees—Fund—Possession and
display of licenses and certificates. The fees set forth in
RCW 14.20.050 shall be paid to the secretary. The fee for any
calendar year may be paid on and after the first day of
December of the preceding year. The secretary shall give
appropriate receipts therefor. The fees collected under this
chapter shall be credited to the aeronautics account of the
transportation fund. The secretary may prescribe requirements for the possession and exhibition of aircraft dealer’s
licenses and aircraft dealer’s certificates. [1998 c 187 § 2;
1984 c 7 § 14; 1955 c 150 § 6.]
Additional notes found at www.leg.wa.gov
14.20.030 Application for license—Contents. Applications for an aircraft dealer’s license shall contain:
(1) The name under which the dealer’s business is conducted and the address of the dealer’s established place of
business;
(2) The residence address of each owner, director, or
principal officer of the aircraft dealer, and, if a foreign corporation, the state of incorporation and names of its resident
officers or managers;
(3) The make or makes of aircraft for which franchised,
if any;
(4) Whether or not used aircraft are dealt in;
(5) A certificate that the applicant is a dealer having an
established place of business at the address shown on the
application, which place of business is open during regular
business hours to inspection by the secretary or his or her representatives; and
(6) Whether or not the applicant has ever been denied an
aircraft dealer’s license or has had one which has been
denied, suspended, or revoked. [2010 c 8 § 5009; 1984 c 7 §
11; 1955 c 150 § 3.]
14.20.030
Additional notes found at www.leg.wa.gov
14.20.040 Certificates. During such time as aircraft are
held by a dealer for sale, exchange, delivery, test, or demonstration purposes solely as stock in trade of the dealer’s business, an aircraft dealer’s certificate may be used on the aircraft in lieu of a registration certificate or fee and in lieu of
payment of excise tax. The secretary shall issue one aircraft
dealer’s certificate with each aircraft dealer’s license. Additional aircraft dealer’s certificates shall be issued to an aircraft dealer upon request and the payment of the fee provided
in RCW 14.20.050. Nothing contained in this section, however, may be construed to prevent transferability among
dealer aircraft of any aircraft dealer’s certificate, and the certificate need be displayed on dealer aircraft only while in
actual use or flight. Every aircraft dealer’s certificate issued
expires on December 31st, and may be renewed upon
renewal of an aircraft dealer’s license. [1984 c 7 § 12; 1955
c 150 § 4.]
14.20.040
Additional notes found at www.leg.wa.gov
14.20.050 License and certificate fees. The fee for
original aircraft dealer’s license for each calendar year or
fraction thereof is seventy-five dollars, which includes one
aircraft dealer’s certificate and which must be renewed annually for a fee of seventy-five dollars. Additional aircraft
dealer certificates may be obtained for ten dollars each per
year. If any dealer fails or neglects to apply for renewal of his
or her license prior to February 1st in each year, his or her
license shall be declared canceled by the secretary, in which
case any such dealer desiring a license shall reapply and pay
14.20.050
(2010 Ed.)
Additional notes found at www.leg.wa.gov
14.20.060
Additional notes found at www.leg.wa.gov
14.20.070 Surety bonds. Before issuing an aircraft
dealer license, the secretary shall require the applicant to file
with the secretary a surety bond in the amount of twenty-five
thousand dollars running to the state, and executed by a
surety company authorized to do business in the state. The
bond shall be approved by the attorney general as to form and
conditioned that the dealer shall conduct his or her business
in conformity with the provisions of this chapter, RCW
47.68.250, and 82.48.100. Any person who has suffered any
loss or damage by reason of any act by a dealer which constitutes ground for refusal, suspension, or revocation of license
under RCW 14.20.090 has a right of action against the aircraft dealer and the surety upon the bond. Successive recoveries against the bond shall be permitted, but the aggregate
liability of the surety to all persons shall in no event exceed
the amount of the bond. [2010 c 8 § 5011; 1984 c 7 § 15;
1983 c 135 § 2; 1983 c 3 § 17; 1955 c 150 § 7.]
14.20.070
Surety insurance: Chapter 48.28 RCW.
Additional notes found at www.leg.wa.gov
14.20.080 Branches and subagencies. Every dealer
maintaining a branch or subagency in another city or town in
this state shall be required to have a separate aircraft dealer’s
license for such branch or subagency, in the same manner as
though each constituted a separate and distinct dealer. [1955
c 150 § 8.]
14.20.080
14.20.090 Denial, suspension, revocation of license—
Grounds. The secretary shall refuse to issue an aircraft
dealer’s license or shall suspend or revoke an aircraft dealer’s
license whenever he or she has reasonable grounds to believe
that the dealer has:
(1) Forged or altered any federal certificate, permit, rating, or license relating to ownership and airworthiness of an
aircraft;
(2) Sold or disposed of an aircraft which he or she knows
or has reason to know has been stolen or appropriated without
the consent of the owner;
(3) Wilfully misrepresented any material fact in the
application for an aircraft dealer’s license, aircraft dealer’s
certificate, or registration certificate;
(4) Wilfully withheld or caused to be withheld from a
purchaser of an aircraft any document referred to in subsec14.20.090
[Title 14 RCW—page 17]
14.20.100
Title 14 RCW: Aeronautics
tion (1) of this section if applicable, or an affidavit to the
effect that there are no liens, mortgages, or encumbrances of
any type on the aircraft other than noted thereon, if the document or affidavit has been requested by the purchaser;
(5) Suffered or permitted the cancellation of his or her
bond or the exhaustion of the penalty thereof;
(6) Used an aircraft dealer’s certificate for any purpose
other than those permitted by this chapter or RCW 47.68.250
and 82.48.100;
(7) Been adjudged guilty of a crime that directly relates
to the business of an aircraft dealer and the time elapsed since
the conviction is less than ten years, or had a judgment
entered against the dealer within the preceding five years in
any civil action involving fraud, misrepresentation, or conversion. For the purpose of this section, the term "adjudged
guilty" means, in addition to a final conviction in either a
state or municipal court, an unvacated forfeiture of bail or
collateral deposited to secure a defendant’s appearance in
court, the payment of a fine, a plea of guilty, or a finding of
guilt regardless of whether the imposition of the sentence is
deferred or the penalty is suspended. [2010 c 8 § 5012; 1984
c 7 § 16; 1983 c 135 § 3; 1983 c 3 § 18; 1955 c 150 § 9.]
Additional notes found at www.leg.wa.gov
14.20.100 Appeal from secretary’s order. If the secretary issues an order that any person is not entitled to an aircraft dealer’s license or that an existing license should be suspended or revoked, he or she shall forthwith notify the applicant or dealer in writing. The applicant has thirty days from
the date of the secretary’s order to appeal therefrom to the
superior court of Thurston county, which he or she may do by
filing a notice of the appeal with the clerk of the superior
court and at the same time filing a copy of the notice with the
secretary. [2010 c 8 § 6001; 1984 c 7 § 17; 1955 c 150 § 10.]
14.20.100
Additional notes found at www.leg.wa.gov
Chapter 14.30 RCW
WESTERN REGIONAL SHORT-HAUL AIR
TRANSPORTATION COMPACT
Chapter 14.30
(See chapter 81.96 RCW)
[Title 14 RCW—page 18]
(2010 Ed.)
Title 15
Chapters
15.04
15.08
15.09
15.13
15.14
15.15
15.17
15.19
15.21
15.24
15.26
15.28
15.30
15.35
15.36
15.37
15.44
15.48
15.49
15.51
15.53
15.54
15.58
15.60
15.61
15.62
15.64
15.65
15.66
15.70
15.74
15.76
15.80
15.83
15.85
15.86
15.88
15.89
15.92
15.100
15.105
15.115
Title 15
AGRICULTURE AND MARKETING
General provisions.
Horticultural pests and diseases.
Horticultural pest and disease board.
Horticultural plants, Christmas trees, and
facilities—Inspection and licensing.
Planting stock.
Certified seed potatoes.
Standards of grades and packs.
Ginseng.
Washington fresh fruit sales limitation act.
Washington apple commission.
Tree fruit research act.
Soft tree fruits.
Controlled atmosphere storage of fruits and
vegetables.
Washington state milk pooling act.
Milk and milk products.
Milk and milk products for animal food.
Dairy products commission.
Seed bailment contracts.
Seeds.
Brassica seed production.
Commercial feed.
Fertilizers, minerals, and limes.
Washington pesticide control act.
Apiaries.
Ladybugs and other beneficial insects.
Honey bee commission.
Farm marketing.
Washington state agricultural commodity
boards.
Washington state agricultural commodity
commissions.
Rural rehabilitation.
Hardwoods commission.
Agricultural fairs, youth shows, exhibitions.
Weighmasters.
Agricultural marketing and fair practices.
Aquaculture marketing.
Organic products.
Wine commission.
Washington beer commission.
Center for sustaining agriculture and natural
resources.
Forest products commission.
From the heart of Washington program.
Washington grain commission.
Agister and trainer liens: Chapter 60.56 RCW.
Agricultural
labor
exempt from unemployment compensation: RCW 50.04.150.
exemptions for certain workers from minimum wage act: RCW
49.46.010.
processing and marketing associations: Chapter 24.34 RCW.
products, commission merchants, dealers, brokers, etc.: Chapter 20.01
RCW.
Animals
(2010 Ed.)
belonging to another, killing, maiming, or disfiguring: RCW 9A.48.070
through 9A.48.090.
crimes relating to: Chapter 9.08 RCW.
fur farming: Chapter 16.72 RCW.
generally: Title 16 RCW.
larcenous appropriation of livestock: Chapter 9A.56 RCW, RCW
9A.56.100.
Bureau of statistics: Chapter 43.07 RCW.
Burning permits within fire protection district: RCW 52.12.101.
Commission merchants: Chapter 20.01 RCW.
Cooperative associations: Chapter 23.86 RCW.
Crimes
brands and marks: Chapter 9.16 RCW.
relating to animals: Chapter 9.08 RCW.
relating to fires: Chapter 9A.48 RCW.
Crops
liens: Chapter 60.11 RCW.
mortgages: Article 62A.9A RCW.
Dealers in hay or straw, certified vehicle weights required: RCW 20.01.125.
Department of agriculture: Chapters 43.17, 43.23 RCW.
Eggs and egg products: Chapter 69.25 RCW.
Farm labor contractors: Chapter 19.30 RCW.
Farm vehicles, gross weight fees: RCW 46.16.090.
Food, drug, and cosmetic act: Chapter 69.04 RCW.
Food and beverages, worker’s permits: Chapter 69.06 RCW.
Fraud in measurement of agricultural products: RCW 9.45.122 through
9.45.126.
Grain
elevators, warehouses, etc.: Title 22 RCW.
warehouse insurance: Chapter 22.09 RCW.
Grain and other commodities, standard grades: Chapter 22.09 RCW.
Grain and terminal warehouses, commodity inspection: Chapter 22.09
RCW.
Granges: Chapter 24.28 RCW.
Grazing ranges: RCW 79.10.125, chapter 79.13 RCW.
Honey: Chapter 69.28 RCW.
Insect pests and plant diseases: Chapter 17.24 RCW.
Investment of agricultural commodity commission funds in savings or time
deposits of banks, trust companies and mutual savings banks: RCW
15.66.185.
Liability of agricultural landowners for injuries to recreation users—Limitation: RCW 4.24.210.
Liens
agister and trainer: Chapter 60.56 RCW.
chattel, crop liens: Chapter 60.08 RCW.
crop: Chapter 60.11 RCW.
orchards and orchard lands: Chapter 60.16 RCW.
services of sires: Chapter 60.52 RCW.
warehouseman’s: Article 62A.7 RCW.
Mosquito control: Chapter 70.22 RCW.
Motor vehicles
juvenile agricultural driving permits: RCW 46.20.070.
lamps on farm tractors, equipment, etc.: RCW 46.37.160.
Nuisances, agricultural activities: RCW 7.48.300 through 7.48.310.
Orchards and orchard lands, liens: Chapter 60.16 RCW.
Pest control compact: Chapter 17.34 RCW.
[Title 15 RCW—page 1]
Chapter 15.04
Title 15 RCW: Agriculture and Marketing
Pesticide application: Chapter 17.21 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Services of sires, lien: Chapter 60.52 RCW.
Soil conservation: Chapter 89.08 RCW.
State international trade fairs: RCW 43.31.800 through 43.31.850.
Swine, garbage feeding: Chapter 16.36 RCW.
Vocational agriculture education—Service areas—Programs in local school
districts: RCW 28A.300.090.
Washington clean air act: Chapter 70.94 RCW.
Weeds
destruction by cities: RCW 35.21.310.
generally: Title 17 RCW.
Weights and measures
generally: Chapter 19.94 RCW.
standards, packages, boxes, etc.: Chapter 19.94 RCW.
Chapter 15.04
Chapter 15.04 RCW
GENERAL PROVISIONS
Sections
15.04.010
15.04.090
15.04.110
15.04.120
15.04.150
15.04.160
15.04.200
15.04.300
15.04.400
15.04.402
15.04.410
15.04.415
Definitions.
Lease of unnecessary lands to nonprofit groups—Funds.
Control of predatory birds.
Control of predatory birds—Expenditures and contracts.
Berry harvesting by youthful workers—Legislative finding.
Berry harvesting by youthful workers—Authorized—Restrictions.
Agricultural development or trade promotion and promotional
hosting—Expenditures, approval by commodity commission—Exemption from housing requirements.
Guide to state and federal programs of assistance to farm families.
Findings—Department’s duty to promote agriculture, protect
public health and welfare.
Department to advance private sector, economic well-being of
agricultural industry.
Declarations of "Washington state grown"—Restrictions—
Violations unlawful—Application of consumer protection
act.
Information on product country of origin—Findings—Use of
placards.
Bacon, packaging at retail to reveal quality and leanness, director’s duties:
RCW 69.04.205 through 69.04.207.
15.04.010 Definitions. As used in this title except
where otherwise defined:
"Department" means the department of agriculture.
"Director" means the director of agriculture.
"Person" includes any individual, firm, corporation,
trust, association, cooperative, copartnership, society, any
other organization of individuals, and any other business unit,
device, or arrangement. [1961 c 11 § 15.04.010. Prior: (i)
1941 c 56 § 3; Rem. Supp. 1941 § 2828-4. (ii) 1941 c 56 § 4;
Rem. Supp. 1941 § 2828-5. (iii) 1943 c 150 § 1, part; 1937 c
148 § 1, part; 1927 c 311 § 1, part; 1921 c 141 § 1, part; 1915
c 166 § 1, part; Rem. Supp. 1943 § 2839, part.]
15.04.010
15.04.090 Lease of unnecessary lands to nonprofit
groups—Funds. The director of agriculture may, at his or
her discretion, for a period of not to exceed ten years, lease
state lands which are now or may hereafter be, under his or
her direction and control, the retention of which he or her
[she] deems unnecessary for present state purposes or needs,
to any nonprofit group or organization having educational,
agricultural, or youth development purposes. Such leases
shall be upon such terms as the director deems beneficial to
15.04.090
[Title 15 RCW—page 2]
the state. All rental funds received by the director under the
provisions of this section shall be deposited in the fair fund
created under RCW 15.76.115. [2010 c 8 § 6002; 1998 c 345
§ 1; 1961 c 11 § 15.04.090. Prior: 1953 c 119 § 1.]
*Reviser’s note: Section 16 of this act was vetoed by the governor.
Additional notes found at www.leg.wa.gov
15.04.110 Control of predatory birds. The director of
the state department of agriculture may control birds which
he or she determines to be injurious to agriculture, and for
this purpose enter into written agreements with the federal
and state governments, political subdivisions and agencies of
such governments, political subdivisions and agencies of this
state including counties, municipal corporations and associations and individuals, when such cooperation will implement
the control of predatory birds injurious to agriculture. [2010
c 8 § 6003; 1961 c 247 § 1.]
15.04.110
15.04.120 Control of predatory birds—Expenditures
and contracts. For the purpose of carrying out the provisions of RCW 15.04.110 the director may make expenditures
and contract for personal services, control materials and
equipment as required to carry out such predatory bird control functions. [1961 c 247 § 2.]
15.04.120
15.04.150 Berry harvesting by youthful workers—
Legislative finding. The legislature finds that the crops of
berry growers in the state are imperiled by a recent change in
the federal law relating to youthful agricultural workers.
Since the berry harvest season is so short that few migrant
agricultural workers find the trip to this state to pick berries
worth the trouble, the long-established use of younger pickers
must be permitted to the extent where such employment will
not interfere with interstate commerce and the federal law.
Further, the legislature finds that such employment is healthful, a good indoctrination for youth in the work ethic and the
role of agriculture in society, and an opportunity youths welcome to earn extra spending money. [1975 1st ex.s. c 238 §
1.]
15.04.150
15.04.160 Berry harvesting by youthful workers—
Authorized—Restrictions. (1) An employee engaged to
pick berries in this state outside of school hours for the school
district where such employee is living while so employed
may be less than twelve years of age: PROVIDED, That (a)
the employee is employed with the consent of his or her parent or person standing in the place of his or her parent, (b) the
berries are for sale within the state only, and are not to be
shipped out of the state in any form; (c) the secretary of agriculture or his or her designated representative has certified
that there are not sufficient workers available in the immediate area to harvest the crop without such youthful employees,
and (d) all employees of any employer engaging youthful
employees are paid at the same rate for picking berries.
(2) Each basket, package, or other container containing
berries or berry products picked by an employee under twelve
years of age shall be distinctively marked so as to insure that
the berries do not enter interstate commerce: PROVIDED
HOWEVER, That nothing in RCW 15.04.150 and 15.04.160
shall apply to employers who are exempt from the federal fair
15.04.160
(2010 Ed.)
General Provisions
labor standards act. [2010 c 8 § 6004; 1975 1st ex.s. c 238 §
2.]
15.04.200 Agricultural development or trade promotion and promotional hosting—Expenditures, approval
by commodity commission—Exemption from housing
requirements. (1) Under the authority of Article VIII of the
state Constitution as amended, agricultural commodity commission expenditures for agricultural development or trade
promotion and promotional hosting by an agricultural commodities commission under chapters 15.24, 15.28, 15.44,
15.65, 15.66, 15.88, 15.89, 15.115, and 16.67 RCW shall be
pursuant to specific budget items as approved by the agricultural commodity commission at the annual public hearings on
the agricultural commodity commission budget.
(2) Agricultural commodity commissions shall adopt
rules governing promotional hosting expenditures by agricultural commodity commission employees, agents or commissioners. The rules shall identify officials and agents authorized to make expenditures and the objectives of the expenditures. Individual agricultural commodity commission
commissioners shall make promotional hosting expenditures,
or seek reimbursements for these expenditures, only in those
instances where the expenditures have been approved by the
agricultural commodity commission. All payments and
reimbursements shall be identified and supported on vouchers.
(3) Agricultural commodity commissions shall be
exempt from the requirements of RCW 43.01.090 and
43.19.500 and chapter 43.82 RCW. [2009 c 33 § 33; 2006 c
330 § 24; 1987 c 452 § 16; 1986 c 203 § 24; 1985 c 26 § 1.]
15.04.200
15.04.415
dependent rural community in Washington state however, the
duty shall not be construed as to diminish the responsibility
of the department to fully carry out its assigned regulatory
responsibilities to protect the public health and welfare.
[1994 c 46 § 9; 1991 c 280 § 1.]
Additional notes found at www.leg.wa.gov
15.04.402 Department to advance private sector, economic well-being of agricultural industry. The department
shall seek to enhance, protect, and perpetuate the ability of
the private sector to produce food and fiber. Additionally, the
department shall seek, consistent with its regulatory responsibilities, to maintain the economic well-being of the agricultural industry and its dependent rural community in Washington state. [1994 c 46 § 10; 1991 c 280 § 2.]
15.04.402
Additional notes found at www.leg.wa.gov
15.04.300 Guide to state and federal programs of
assistance to farm families. The department of agriculture
is authorized to develop, in cooperation with Washington
State University and other state agencies, an informational
guide to programs offered by state and federal agencies
which would be of assistance to farm families. The informational guide shall be made available to farmers and ranchers
through county extension offices, farm organizations, and
other appropriate means. [1987 c 393 § 26.]
15.04.410 Declarations of "Washington state
grown"—Restrictions—Violations unlawful—Application of consumer protection act. (1) Before being offered
for retail sale in this state, any agricultural commodity,
defined under RCW 15.66.010, that was grown or raised in
this state may be advertised, labeled, described, sold, marked,
or otherwise held out, with the words "Washington state
grown," or other similar language indicating that the product
is from Washington state grown or raised agricultural commodities.
(2) An agricultural commodity that was not grown or
raised in this state and packages of that product shall not be
advertised, labeled, described, sold, marked, or otherwise
held out as "Washington state grown," or in any way as to
imply that such product is a Washington state grown or raised
agricultural commodity.
(3) It is unlawful for any person to violate this section.
(4) The legislature finds that the practices covered by
this section are matters vitally affecting the public interest for
the purpose of applying the consumer protection act, chapter
19.86 RCW. Violations of this section are not reasonable in
relation to the development and preservation of business. A
violation of this section is an unfair or deceptive act in trade
or commerce and an unfair method of competition for the
purpose of applying the consumer protection act, chapter
19.86 RCW. [1995 c 97 § 1.]
15.04.400 Findings—Department’s duty to promote
agriculture, protect public health and welfare. The history, economy, culture, and the future of Washington state to
a large degree all involve agriculture, which is vital to the
economic well-being of the state. The legislature finds that
farmers and ranchers are responsible stewards of the land, but
are increasingly subjected to complaints and unwarranted
restrictions that encourage, and even force, the premature
removal of lands from agricultural uses.
The legislature further finds that it is now in the overriding public interest that support for agriculture be clearly
expressed and that adequate protection be given to agricultural lands, uses, activities, and operations.
The legislature further finds that the department of agriculture has a duty to promote and protect agriculture and its
15.04.415 Information on product country of origin—Findings—Use of placards. (1) The legislature finds
that it is a common practice for consumers to be provided
information as to the country [of] origin for many products
available to them for purchase. The legislature finds that consumers have a right to know the origin of the fresh fruits and
vegetables being offered to them at retail sale. The legislature
finds that there is value to the consumer being able to make
an informed buying decision as to whether the fresh fruit or
vegetable was produced under standards and conditions
required in the United States. Further, the legislature finds
that consumers should be given the ability to make an
informed choice to buy fresh fruits and vegetables that are
grown in Washington state as a means of supporting the
economy of the state.
Construction—Severability—2006 c 330: See RCW 15.89.900 and
15.89.901.
Additional notes found at www.leg.wa.gov
15.04.300
15.04.400
(2010 Ed.)
15.04.410
15.04.415
[Title 15 RCW—page 3]
Chapter 15.08
Title 15 RCW: Agriculture and Marketing
(2) Stores or other businesses offering fresh fruit and
vegetables for retail sale to consumers shall place a placard
on the bin, shelf, or other location the product is displayed
that informs the consumer where the fruit or vegetable was
grown if it was grown in the United States or grown in Washington. The placard shall indicate that the product was either
"Grown in United States" or "Grown in Washington." Placards are not required if (a) the product was grown outside of
the United States, or (b) each item in the bin, shelf, or other
location contains a sticker or label that indicates where the
fruit or vegetable product was grown. [2002 c 40 § 1.]
Chapter 15.08 RCW
HORTICULTURAL PESTS AND DISEASES
Chapter 15.08
Sections
15.08.010
15.08.020
15.08.025
15.08.030
15.08.040
15.08.050
15.08.060
15.08.070
15.08.080
15.08.090
15.08.100
15.08.110
15.08.120
15.08.130
15.08.140
15.08.150
15.08.160
15.08.170
15.08.180
15.08.190
15.08.200
15.08.210
15.08.220
15.08.230
15.08.240
15.08.250
15.08.260
15.08.270
Definitions.
Methods of prevention, control and disinfection.
Disinfection of fruit trees—Procedures to be followed.
Duty to disinfect, destroy—Disposal of cuttings.
Authority to enter premises—Interference unlawful.
Condemnation of infected property—Disposal of, unlawful.
Condemnation of infected property—Notice to owner—Division into classes.
Condemnation of infected property—Use of condemned fruit,
vegetables—Permit.
Condemnation of infected property—Service of notice—Personal, constructive, substituted.
Condemnation of infected property—Duty to comply—
Inspector’s duty on failure—Lien for costs.
Foreclosure of lien—Sale—Notice of impounding—Contents.
Sale proceeds—Deficiency—Action to recover.
Record of proceedings—Verified copy as evidence.
Record of premises disinfected—Costs—Lien.
Hearing on costs—Notice—Service.
Payment and release—Order on amount—Priority of lien.
Payment date—Cancellation of lien.
Failure to pay—Conversion into taxes—Use.
Inspection board—Creation—Duties—Powers.
Report of inspection—Nuisance abatement.
Notice of hearing—Service—Adjournments.
Order of abatement.
Appeals—Bond for damages.
Disinfection of public properties.
Dumping infected products, containers, prohibited.
Host-free districts—Director’s duties.
Horticultural tax.
Basis for estimating the tax.
Pest control compact: Chapter 17.34 RCW.
15.08.010 Definitions. As used in this chapter:
(1) "Supervisor" means an assistant director known as
the supervisor of plant industry.
(2) "Horticultural premises" includes orchards, vineyards, nurseries, berry farms, vegetable farms, cultivated
cranberry marshes, packing houses, dryhouses, warehouses,
depots, docks, cars, vessels and other places where nursery
stock, fruits, vegetables and other horticultural products are
grown, stored, packed, shipped, held for shipment or delivery, sold or otherwise disposed of.
(3) "Nursery stock" includes, but is not limited to, any
horticultural, floricultural, viticultural, and vegetable plant,
for planting, propagation or ornamentation, growing or otherwise, including cut plant material.
(4) "Pests and diseases" means, but is not limited to, any
living stage of any insect, mite, nematode, slug, snail, protozoa, or other invertebrate animal, bacteria, fungus, other parasitic plant, weed, or reproductive part thereof, virus or any
organism similar to or allied with any of the foregoing, or any
infectious substance, which can directly or indirectly injure
or cause disease or damage in or to any plant or parts thereof,
or any processed, manufactured, or other products of plants.
(5) "Nuisance" means any plant, produce or property
found in any commercial area upon which is found any pest
or disease that is or may be a source of infestation of other
properties.
(6) "Commercial area" means a district where any horticultural product is being produced to the extent that a producer is dependent thereon, in whole or in part, for his or her
livelihood.
(7) "Infect," and its derivatives "infected," "infecting,"
and "infection," means affected by or infested with pests or
diseases as above defined.
(8) "Disinfect," and its derivatives, means the control,
cure, or eradication of such pests or diseases by cutting or
destroying infected parts or the application of effective pesticides. [2010 c 8 § 6005; 1981 c 296 § 4; 1961 c 11 §
15.08.010. Prior: (i) 1943 c 150 § 1, part; 1937 c 148 § 1,
part; 1927 c 311 § 1, part; 1921 c 141 § 1, part; 1915 c 166 §
1, part; Rem. Supp. 1943 § 2839, part. (ii) 1941 c 20 § 2;
Rem. Supp. 1941 § 2849-1b. (iii) 1941 c 20 § 3; Rem. Supp.
1941 § 2849-1c. (iv) 1941 c 20 § 4; Rem. Supp. 1941 § 28491d. (v) 1923 c 37 § 3, part; 1921 c 141 § 4, part; 1915 c 166
§ 5, part; RRS § 2843, part.]
Additional notes found at www.leg.wa.gov
15.08.020 Methods of prevention, control and disinfection. The following methods shall be used for the prevention, control or disinfection of pests and diseases:
(1) Bacterial diseases, removal and destruction of
infected plant or part thereof, care being used to disinfect
removal tools to prevent infection therefrom;
(2) Fungus diseases, spraying with effective fungicide;
(3) Chewing or sucking insect pests, spraying with effective insecticide;
(4) Fungus insect pests, spraying with other effective
solutions or emulsions described in circulars issued by the
director. [1961 c 11 § 15.08.020. Prior: 1923 c 37 § 3, part;
1921 c 141 § 4, part; 1915 c 166 § 5, part; RRS § 2843, part.]
15.08.020
15.08.010
[Title 15 RCW—page 4]
15.08.025 Disinfection of fruit trees—Procedures to
be followed. The method for disinfecting fruit trees required
to be disinfected under the provisions of this chapter shall be
as prescribed in the official published recommendations of
the Washington State University for the proper prevention,
control and eradication of pests and diseases of fruit trees.
Whenever specific recommendations for disinfecting
fruit trees are not set forth in the official published recommendations of the Washington State University, the generally
accepted horticultural practices for the prevention, control
and eradication of any pests and diseases in the producing
area shall be used.
The burden of proving that the proper procedures as set
forth in this section have been followed shall be upon the person ordered to disinfect fruit trees.
The disinfection of fruit trees as in this section set forth
shall in no way limit the authority of the inspection board to
determine that such fruit trees constitute a nuisance and thus
15.08.025
(2010 Ed.)
Horticultural Pests and Diseases
shall be subject to removal as provided for in this chapter.
[1981 c 296 § 5; 1965 c 27 § 2.]
Purpose—1965 c 27: "The production of tree fruits in the state of
Washington is a major agricultural industry promoting the general economic
welfare of the state and beneficial to the health of the public. The proper
maintenance of fruit tree orchards to insure the continued and increased benefits to the health and welfare of the state makes it necessary to prevent, eradicate and control any pests or diseases which are or may be injurious to such
fruit trees and the produce therefrom. Such prevention, eradication and control of pests and diseases which are or may be injurious to fruit trees and their
crops may require chemical or biological control or removal of host trees
which may be hosts and breeding places for such diseases and pests. The provisions of this act are adopted under the police power of the state for the purpose of protecting its health and general welfare, presently and in the future."
[1965 c 27 § 1.]
Additional notes found at www.leg.wa.gov
15.08.030 Duty to disinfect, destroy—Disposal of cuttings. It is the duty of every owner, shipper, consignee, or
other person in charge of fruits, vegetables, or nursery stock,
and the owner, lessee, or occupant of horticultural premises,
to use sufficient methods of prevention to keep said properties free from infection by pests or disease. In event any of
said properties become infected it is the duty of said persons
to use effective methods to control or destroy the infection by
disinfection as in this chapter defined. All fruits, vegetables
and nursery stock which cannot be successfully disinfected
shall be promptly destroyed.
In counties where black stem rust infection occurs every
owner or person in charge of premises on which barberry
bushes of the rust-producing varieties are growing shall
forthwith destroy such bushes.
Within forty-eight hours after removal of any cuttings or
prunings from bacterially infected trees or plants infected
with fruit tree leaf roller egg clusters the person removing
same shall disinfect or destroy them by burning or scorching.
[1961 c 11 § 15.08.030. Prior: (i) 1927 c 311 § 3; 1923 c 37
§ 2; 1915 c 166 § 4; RRS § 2842. (ii) 1921 c 141 § 8; 1915 c
166 § 18; RRS § 2856.]
15.08.030
15.08.040 Authority to enter premises—Interference
unlawful. The director, supervisor, and horticultural inspectors are authorized to at any time enter horticultural premises
and any structure where fruit, vegetables, nursery stock, or
horticultural products are grown or situated for any purpose,
to inspect the same for infection.
No person shall hinder or interfere with any such officer
in entering or inspecting or performing any duty imposed
upon him or her. [2010 c 8 § 6006; 1961 c 11 § 15.08.040.
Prior: 1915 c 166 § 9; RRS § 2847.]
15.08.040
15.08.050 Condemnation of infected property—Disposal of, unlawful. If the premises or property inspected is
found to be infected the inspecting officer shall condemn the
same and serve upon the owner or person in charge thereof a
written notice of the condemnation, describing the premises
or property with reasonable certainty, and ordering the
infected portion to be disinfected, or to be destroyed if incapable of disinfection, within a time and in a manner stated
therein, and giving notice that if the order is not complied
with in the time stated, the officer will disinfect or destroy the
property and charge the expense thereof to the owner or
against the premises.
15.08.050
(2010 Ed.)
15.08.080
No person shall ship, sell, or otherwise dispose of or part
with possession of, or transport, any such condemned property until all requirements of said notice and order are complied with and written permit of the inspector so to do is
issued. [1961 c 11 § 15.08.050. Prior: 1943 c 150 § 4, part;
1929 c 150 § 1, part; 1925 ex.s. c 108 § 1, part; 1919 c 195 §
2 1/2, part; 1915 c 166 § 10, part; Rem. Supp. 1943 § 2848,
part.]
15.08.060 Condemnation of infected property—
Notice to owner—Division into classes. Said notice of condemnation shall also grant permission to the owner or person
in charge of infected fruit, vegetables, or nursery stock to
divide the same into classes:
(1) The portion not infected;
(2) The infected portion which is capable of successful
disinfection; and
(3) The infected portion which is incapable of successful
disinfection and must be destroyed.
Said notice shall require the owner or person to disinfect
class (2) and destroy class (3) within the time stated. [1961 c
11 § 15.08.060. Prior: 1943 c 150 § 4, part; 1929 c 150 § 1,
part; 1925 ex.s. c 108 § 1, part; 1919 c 195 § 2 1/2, part; 1915
c 166 § 10, part; Rem. Supp. 1943 § 2848, part.]
15.08.060
15.08.070 Condemnation of infected property—Use
of condemned fruit, vegetables—Permit. In the case of
fruit or vegetables which cannot be successfully disinfected
the inspector may grant to the owner or person in charge
thereof a written permit to use the condemned products for
stock feed, or manufacture the same into by-products, or ship
them to a by-product factory; and it is unlawful for the person
receiving such permit to sell or dispose of such products
without first having the same manufactured into a by-product
or shipped to a by-product factory, or to divert any such shipment when made, or for the consignee of such shipment to
sell or dispose of the same until it is manufactured into a byproduct. [1961 c 11 § 15.08.070. Prior: 1943 c 150 § 4, part;
1929 c 150 § 1, part; 1925 ex.s. c 108 § 1, part; 1919 c 195 §
2 1/2, part; 1915 c 166 § 10, part; Rem. Supp. 1943 § 2848,
part.]
15.08.070
15.08.080 Condemnation of infected property—Service of notice—Personal, constructive, substituted. Personal service of said notice shall be made upon the person in
possession or in charge of said premises or property if possible. If such person is not the owner, or personal service cannot be made on such person, then a copy of the notice shall be
mailed or telegraphed to the owner at his or her home or post
office address if known or can with reasonable diligence be
ascertained. If personal service cannot be made upon any
person in possession or charge of the premises or property
and the name and address of the owner thereof are not known
or cannot be so ascertained, then the notice shall be served by
posting the same in some conspicuous place on the premises
where the property to be disinfected or destroyed is situated,
which service by posting shall be construed to be constructive personal service upon such owner. If the name and
address of the owner are not known or cannot be so ascertained, service upon the person in possession or charge of the
15.08.080
[Title 15 RCW—page 5]
15.08.090
Title 15 RCW: Agriculture and Marketing
premises or property shall constitute substituted personal service upon the owner, in the absence of fraud or gross neglect.
[2010 c 8 § 6007; 1961 c 11 § 15.08.080. Prior: 1943 c 150
§ 4, part; 1929 c 150 § 1, part; 1925 ex.s. c 108 § 1, part; 1919
c 195 § 2 1/2, part; 1915 c 166 § 10, part; Rem. Supp. 1943 §
2848, part.]
15.08.090 Condemnation of infected property—Duty
to comply—Inspector’s duty on failure—Lien for costs.
Except as hereinabove provided, upon service of said notice
the owner or person in possession or charge of the premises
or property shall comply with its terms within the time specified. In case of their failure so to do, the inspector may enter
the premises and perform or cause to be performed the services required in the notice. He or she shall keep an accurate
account of the expense of performing said services, which
shall become a lien on the premises or property which may be
foreclosed in the manner herein provided. The lien on personal property shall have preference over all other liens.
If the inspector has not disinfected or destroyed the property it may be declared a nuisance as herein provided and
treated as such. [2010 c 8 § 6008; 1961 c 11 § 15.08.090.
Prior: (i) 1943 c 150 § 4, part; 1929 c 150 § 1, part; 1925 ex.s.
c 108 § 1, part; 1919 c 195 § 2 1/2, part; 1915 c 166 § 10, part;
Rem. Supp. 1943 § 2848, part. (ii) 1943 c 150 § 5; 1935 c
168 § 4; 1931 c 27 § 2; 1927 c 311 § 4; 1915 c 166 § 11; Rem.
Supp. 1943 § 2849.]
15.08.090
by the prosecuting attorney of the county when directed to do
so by the attorney general. [1961 c 11 § 15.08.110. Prior:
1915 c 166 § 12, part; RRS § 2850, part.]
15.08.120 Record of proceedings—Verified copy as
evidence. The inspector shall make and sign a record of the
proceedings, stating the name of the owner or reputed owner
of the property, if known; location of the property, date of
inspection and the results thereof; date and manner of giving
notice to disinfect; failure to disinfect; disinfection by the
inspector; the cost thereof in detail; date and manner of giving notice of impounding and sale; date, place, and manner of
sale; name of the purchaser; and amount of the proceeds and
disposition thereof.
Upon demand of the owner or person in charge of the
property, the inspector shall furnish him or her with a verified
copy of the record, and tender him or her the balance of the
proceeds. If no demand is made within thirty days of the sale,
or if the tender is refused, the inspector shall file a verified
copy of the record with and remit any balance of the proceeds
to the director, and if it is not claimed by the owner within six
months, it shall be deposited in the state treasury.
The record or a verified copy thereof shall be admissible
in evidence as prima facie evidence of the truth of its contents. [2010 c 8 § 6010; 1961 c 11 § 15.08.120. Prior: 1915
c 166 § 12, part; RRS § 2850, part.]
15.08.120
15.08.130 Record of premises disinfected—Costs—
Lien. The inspector disinfecting any horticultural premises
shall make and sign a detailed record of the proceedings, stating the legal description of the premises; give the name of the
owner or reputed owner; the date of inspection and the results
thereof; date and manner of giving notice to disinfect; failure
to disinfect; disinfection by the inspector; and the cost thereof
in detail. If the cost is not paid within five days from the completion of the disinfecting, the inspector shall file with the
auditor of the county in which the premises are situated two
verified copies of the above record, and a claim of lien
against the premises for the amount of the costs and therein
refer to the record, which the auditor shall record as other lien
claims. The auditor shall charge the same fees as are charged
for filing and recording other liens. [1961 c 11 § 15.08.130.
Prior: 1927 c 311 § 5, part; 1921 c 141 § 5, part; 1915 c 166
§ 14, part; RRS § 2852, part.]
15.08.130
15.08.100 Foreclosure of lien—Sale—Notice of
impounding—Contents. The officer disinfecting personal
property may enforce the lien thereon provided for in RCW
15.08.090 by impounding and selling the property. He or she
shall give notice of the impounding and proposed sale by
posting a written notice in a conspicuous place upon the premises where the property is impounded and serve said notice
upon the owner or person in charge of the property in the
manner provided for service of notice to disinfect in RCW
15.08.080. Said notice shall state that the property, describing it with reasonable certainty, has been impounded, where
it is situated, the amount of costs and expenses charged
against it, and that unless same are paid within a specified
time the property will be sold to satisfy said charges, accrued
transportation and storage charges, if any, and costs of sale.
Said specified time shall not be less than ten days after giving
of the notice, except that immediate sale may be made of perishable fruits or vegetables. [2010 c 8 § 6009; 1961 c 11 §
15.08.100. Prior: 1915 c 166 § 12, part; RRS § 2850, part.]
15.08.100
15.08.110 Sale proceeds—Deficiency—Action to
recover. Such sales may be either at public auction or private
sale, whichever, in the sound discretion of the officer, will be
to the best interests of the state and owner of the property.
The proceeds thereof shall be applied to payment of: First,
costs of sale; second, expenses of disinfection; third, accrued
transportation and storage charges. The balance, if any, shall
be paid to the owner.
Should such proceeds be insufficient to pay the costs of
sale and expenses of disinfection, the deficiency may be
recovered from the owner or person in charge in an action
brought in the name of the state on the relation of the director
15.08.110
[Title 15 RCW—page 6]
15.08.140 Hearing on costs—Notice—Service. The
county auditor shall forthwith issue warrants in payment of
the labor employed in the work, and thereupon the county
shall be subrogated to all rights of the laborers so paid. He or
she shall fix the day for hearing on the record before the
county commissioners, which shall be not less than twenty
days from the date of filing. He or she shall prepare a notice
directed to the owner or reputed owner of the premises of the
filing of the record and claim and the hearing thereon, the
time and place of the hearing and the amount of the claim.
The sheriff shall serve the notice in the manner provided for
service of the notice to disinfect, and file with the auditor
before the hearing, his or her return of service and the amount
of his or her fees, which shall be the same as for service of
summons in civil proceedings. [2010 c 8 § 6011; 1961 c 11 §
15.08.140
(2010 Ed.)
Horticultural Pests and Diseases
15.08.140. Prior: 1927 c 311 § 5, part; 1921 c 141 § 5, part;
1915 c 166 § 14, part; RRS § 2852, part.]
15.08.150 Payment and release—Order on amount—
Priority of lien. If before or at the hearing the amount of the
claim and the auditor’s and sheriff’s fees are paid to the
county treasurer, he or she shall deliver to the auditor a duplicate receipt of the payment and the auditor shall cancel the
lien and notify the county commissioners thereof. The treasurer shall pay the funds to the persons entitled thereto as
appears from the records in the auditor’s office.
If payment is not made, the auditor shall present to the
board of county commissioners a verified copy of the record
and claim, which shall be accepted in any proceeding as
prima facie evidence of the truth of the contents thereof. The
board shall receive and consider the record and claim and all
sworn testimony offered, and shall enter an order fixing the
amount of the claim and costs, and direct the amount paid
from the current expense fund, and the auditor shall draw
warrants therefor. The auditor shall record the order in his or
her office as other lien claims and it shall be a lien against the
premises in favor of the county, and shall bear interest at six
percent per year from the date of the order. [2010 c 8 § 6012;
1961 c 11 § 15.08.150. Prior: 1927 c 311 § 5, part; 1921 c
141 § 5, part; 1915 c 166 § 14, part; RRS § 2852, part.]
15.08.150
15.08.160 Payment date—Cancellation of lien. The
lien and interest may be paid on or before the first Monday in
October following the entry of the order, upon presenting to
the treasurer, a statement from the auditor showing the
amount due. Upon payment the treasurer shall stamp the
statement and file it in his or her records, and shall issue a
receipt to the person making the payment, showing payment
and shall deliver a duplicate to the auditor, who shall then
cancel the lien. [2010 c 8 § 6013; 1961 c 11 § 15.08.160.
Prior: 1927 c 311 § 5, part; 1921 c 141 § 5, part; 1915 c 166
§ 14, part; RRS § 2852, part.]
15.08.160
15.08.170 Failure to pay—Conversion into taxes—
Use. If the lien and interest are not paid on or before such
first Monday in October the commissioners, when levying
taxes for the ensuing year, shall also levy on the premises
covered by the lien, a tax for the amount of the lien and interest, together with a penalty of six percent, which tax shall be
collected as other taxes for current expenses. The auditor
shall then cancel the lien and note thereon that the amount
thereof has been charged against the premises as taxes.
The tax shall be credited to the current expense fund and
used to defray the expense of horticultural inspection and disinfection in the county, whether or not such expenditure has
been included in the estimates made in the current county
budget. [1961 c 11 § 15.08.170. Prior: 1927 c 311 § 5, part;
1921 c 141 § 5, part; 1915 c 166 § 14, part; RRS § 2852, part.]
15.08.170
15.08.180 Inspection board—Creation—Duties—
Powers. If a horticultural inspector finds premises or property infected, he or she shall make a written report thereof to
the inspector-at-large in his or her district stating the disease
or infestation found, the estimated extent thereof, and
whether in his or her opinion it is or will become a nuisance.
15.08.180
(2010 Ed.)
15.08.200
Upon receipt of the report the inspector-at-large shall appoint
a person residing within three miles of the said premises or
property and who is a grower of horticultural products which
could be infected from said premises or property, and who,
with the inspector-at-large or someone delegated by him or
her from his or her department, shall appoint a third person
likewise a grower of agricultural products which could be so
infected. Said three persons shall constitute an inspection
board whose duty shall be to forthwith examine the infested
premises or property so as to determine whether same or any
part thereof is infested with any pest or disease named in
RCW 15.08.010.
The board members shall have the same power of entry
and inspection as the director, supervisor, or horticultural
inspector and shall be compensated at the rate of four dollars
per day to be paid from the county current expense budget for
horticulture. [2010 c 8 § 6014; 1961 c 11 § 15.08.180. Prior:
(i) 1941 c 20 § 5; 1915 c 166 § 6; Rem. Supp. 1941 § 28491e. (ii) 1941 c 20 § 7, part; Rem. Supp. 1941 § 2849-1g,
part.]
15.08.190
15.08.190 Report of inspection—Nuisance abatement. Said board shall make a written report to the inspector-at-large of its findings, signed under oath by a majority of
its members and stating:
(1) Whether said premises or a part thereof are infested,
(2) If infested, the nature and extent of infestation, and
(3) Whether the infestation constitutes a nuisance. If the
report shows the premises infested and constituting a nuisance, it and the findings of the inspector, shall be transmitted
forthwith to the prosecuting attorney of the county. Within
five days the prosecuting attorney shall file in the superior
court a petition, signed and verified by him or her, describing
the premises or property, giving the names of the owners,
encumbrancers and other persons interested therein, as ascertained from the county records, containing a recital of the
proceedings taken under RCW 15.08.050, 15.08.060,
15.08.070, 15.08.080, 15.08.090, and 15.08.180, and praying
for an order declaring the premises or property to be a nuisance. Said report of the inspection board shall be attached to
the petition as an exhibit and made a part thereof. [2010 c 8
§ 6015; 1961 c 11 § 15.08.190. Prior: 1941 c 20 §§ 6, 7, part,
8; Rem. Supp. §§ 2849-1f, 2849-1g, part, 2849-1h.]
15.08.200
15.08.200 Notice of hearing—Service—Adjournments. A notice containing a description of the premises,
stating the objects and purposes of the petition and the time
and place of presentation of the petition to the court, shall be
served upon every person named as interested in the premises
at least five days prior to the time of presentation. Service of
the notice shall be as nearly as possible in the manner provided by law for service of summons in a civil action, except
that if service is had by publication the period of publication
shall be two weekly publications in a newspaper published or
of general circulation in the county, and the service shall be
deemed completed on the expiration of fifteen days after the
date of the first publication.
Proof of service may be made by affidavit of the person
serving or publishing the notice and shall be filed with the
[Title 15 RCW—page 7]
15.08.210
Title 15 RCW: Agriculture and Marketing
clerk of the court on or before the time of presentation of the
petition.
On application of any party or its own motion the court
may adjourn the hearing from time to time, and may order
new or further notice to be given any person whose interest
may be affected. [1961 c 11 § 15.08.200. Prior: (i) 1941 c 20
§ 9; 1937 c 71 § 2; Rem. Supp. §2849-2. (ii) 1937 c 71 § 3;
RRS § 2849-3.]
15.08.210 Order of abatement. At the hearing there
must be competent proof that all parties interested in the premises or property have been duly served with said notice, and
that the procedure prescribed in RCW 15.08.050, 15.08.060,
15.08.070, 15.08.080, 15.08.090, and 15.08.180 has been
duly followed. The report of the inspection board shall be
prima facie evidence that the premises are infested and constitute a nuisance. If there is no showing that said board acted
in a capricious, arbitrary or unfair manner, the court shall
accept the recommendation of said board and forthwith
decree the plants, produce or property on the premises to constitute a nuisance and order the inspector-at-large of the district and the county commissioners to destroy the same, or
abate the nuisance in such other manner as the court may
direct.
The costs of destruction or abatement, and of the proceedings shall be taxed against the defendants therein. [1961
c 11 § 15.08.210. Prior: (i) 1941 c 20 § 10; Rem. Supp. 1941
§ 2849-2a. (ii) 1937 c 71 § 4; RRS § 2849-4.]
15.08.210
15.08.220 Appeals—Bond for damages. An appeal
may be taken from the decree by filing notice thereof not later
than ten days after issuance of the decree. The appellant shall
be required to file an appeal bond of not less than one thousand dollars and sufficient in amount to cover possible damages to neighboring properties due to delay in carrying out
the decree. [1961 c 11 § 15.08.220. Prior: 1941 c 20 §§ 11,
12; Rem. Supp. 1941 §§ 2849-2b, 2849-2c.]
15.08.220
15.08.230 Disinfection of public properties. The
director may require the governing body of counties, cities,
towns and irrigation and school districts or other political
subdivisions of the state to disinfect or destroy all infected
trees, shrubs, or other nursery stock growing upon public
property within their respective jurisdictions, or the director
may disinfect or destroy such infected trees, shrubs, or other
nursery stock. [1981 c 296 § 6; 1961 c 11 § 15.08.230. Prior:
1915 c 166 § 19; RRS § 2857.]
15.08.230
Additional notes found at www.leg.wa.gov
15.08.240 Dumping infected products, containers,
prohibited. It shall be unlawful for a property owner or lessee to permit the piling or dumping, or for a person to pile or
dump, any infected product on any property or to pile or
dump infected containers where the dumping of the infected
products or containers might constitute a source of infestation
to horticultural products. [1961 c 11 § 15.08.240. Prior:
1943 c 150 § 6; 1941 c 20 § 14; Rem. Supp. 1943 § 2849-2e.]
15.08.240
15.08.250 Host-free districts—Director’s duties.
Whenever the director determines that a particular pest can15.08.250
[Title 15 RCW—page 8]
not be eradicated or effectively controlled by ordinary means,
or that it is impractical to eradicate or control it without the
destruction in whole or in part of uninfected host plants, he or
she may issue a proclamation setting out the host-free period
or host-free district, or both, describing the host plant and the
district wherein planting, growing, cultivating, or maintenance in any manner of any plants or products capable of
continuing the particular pests is prohibited during a specified period of time and until the menace therefrom no longer
exists. [2010 c 8 § 6016; 1961 c 11 § 15.08.250. Prior: 1941
c 20 § 13; Rem. Supp. 1941 § 2849-2d.]
15.08.260 Horticultural tax. At the time of making the
regular annual tax levy the board of county commissioners of
each county shall include a tax, to be known as the "horticultural tax," upon the taxable property of the county in an
amount sufficient to meet the expense of inspecting and disinfecting nursery stock, fruits, vegetables, horticultural or
agricultural products, and horticultural premises under the
provisions of this title. Said tax shall be levied and collected
in the same manner as are general taxes and when collected
shall be placed in the county current expense fund. [1961 c
11 § 15.08.260. Prior: 1919 c 195 § 3, part; 1915 c 166 § 13,
part; RRS § 2851, part.]
15.08.260
15.08.270 Basis for estimating the tax. In estimating
the amount to be levied for said horticultural tax the board
shall take into consideration the expense of such inspection
and disinfection for the ensuing year, and the amount which
will be collected under the provisions of this chapter on properties disinfected. [1961 c 11 § 15.08.270. Prior: 1919 c 195
§ 3, part; 1915 c 166 § 13, part; RRS § 2851, part.]
15.08.270
Chapter 15.09 RCW
HORTICULTURAL PEST AND DISEASE BOARD
Chapter 15.09
Sections
15.09.010
15.09.020
15.09.030
15.09.040
15.09.050
15.09.055
15.09.060
15.09.070
15.09.080
15.09.090
15.09.100
15.09.110
15.09.120
15.09.131
15.09.135
15.09.140
15.09.900
Purpose.
Creation of board.
Members—Appointment—Terms.
Meeting—Quorum—Officers.
Powers and duties.
Contracts and agreements.
Owner’s duty to control pests and diseases.
Right of entry—Search warrant.
Failure to control horticultural pests and diseases—Remedies.
Hearing on liability of owner for costs or charges—Review.
Payment of expenses and costs—Penalty—Collection.
Refund of charges paid.
Disposition of moneys collected.
Operating budget—Source of funds.
Assessment—Public hearing—Rate—County review—Lien.
Abolishment of board.
Chapter cumulative.
15.09.010 Purpose. The purpose of this chapter is to
enable counties to more effectively control and prevent the
spread of horticultural pests and diseases. [1969 c 113 § 1.]
15.09.010
15.09.020 Creation of board. Either upon receiving a
petition filed by twenty-five landowners within the county or
on its own motion, the board of county commissioners in
order to achieve the purposes of this chapter may, following
15.09.020
(2010 Ed.)
Horticultural Pest and Disease Board
a hearing, create a horticultural pest and disease board. [1969
c 113 § 2.]
15.09.030 Members—Appointment—Terms. Each
horticultural pest and disease board shall be comprised of
five voting members, four of whom shall be appointed by the
board of county commissioners and one of whom shall be
appointed by the director. In addition, the chief county extension agent, or a county extension agent appointed by the chief
agent, shall be a nonvoting member of the board.
Of the four members appointed by the board of county
commissioners, one of such members shall have at least a
practical knowledge of horticultural pests and diseases, and
the other members shall be residents of the county, shall own
land within the county and shall be engaged in the primary
and commercial production of a horticultural product or
products. Such appointed members shall serve a term of two
years and shall serve without salary. If no such qualified candidate resides in the county, a nonresident that owns property
in the county and is engaged in the primary and commercial
production of a horticultural product or products may be
appointed as a member of the horticultural pest and disease
board. [2009 c 96 § 1; 1988 c 254 § 7; 1969 c 113 § 3.]
15.09.030
15.09.040 Meeting—Quorum—Officers. Within
thirty days after the appointed seats on the horticultural pest
and disease board have been filled, the board shall conduct its
first meeting. A majority of the voting members of the board
shall constitute a quorum for the transaction of business and
shall be necessary for any action taken by the board. The
board shall elect from its members a chair and such other
officers as may be necessary. [2010 c 8 § 6017; 1969 c 113 §
4.]
15.09.040
15.09.050 Powers and duties. Each horticultural pest
and disease board shall have the following powers and duties:
(1) To receive complaints concerning the infection of
horticultural pests and diseases on any parcel of land within
the county;
(2) To inspect or cause to be inspected any parcel of land
within the county for the purpose of ascertaining the presence
of horticultural pests and diseases as provided by RCW
15.09.070;
(3) To order any landowner to control and prevent the
spread of horticultural pests and diseases from his or her
property, as provided by RCW 15.09.080;
(4) To control and prevent the spread of horticultural
pests and diseases on any property within the county as provided by RCW 15.09.080, and to charge the owner for the
expense of such work in accordance with RCW 15.09.080
and 15.09.090;
(5) To employ such persons and purchase such goods
and machinery as the board of county commissioners may
provide;
(6) To adopt, following a hearing, such rules and regulations as may be necessary for the administration of this chapter. [2010 c 8 § 6018; 1969 c 113 § 5.]
15.09.050
15.09.055 Contracts and agreements. The horticultural pest and disease board may enter into contracts and
15.09.055
(2010 Ed.)
15.09.080
agreements with federal, state, and local government agencies, Indian tribes, and any other organization to perform any
duties pursuant to the identification, detection, control, or
eradication of horticultural pests and diseases. [2000 c 144 §
35.]
15.09.060 Owner’s duty to control pests and diseases.
Each owner of land containing any plant or plants shall perform or cause to be performed such acts as may be necessary
to control and to prevent the spread of horticultural pests and
diseases, as such pests and diseases are defined under RCW
15.08.010, as now or hereafter amended, or as such pests and
diseases are defined by the director of the department of agriculture in accordance with the purpose of this chapter and
with the provisions of the Administrative Procedure Act,
chapter 34.05 RCW. The word "owner" as used in this section shall mean the possessor or possessors of any form of
legal or equitable title to land and entitlement to possession.
For purposes of liability under this chapter, the owners of
land shall be jointly and severally liable. [1969 c 113 § 6.]
15.09.060
15.09.070 Right of entry—Search warrant. Any
authorized agent or employee of the county horticultural pest
and disease board may enter upon any property for the purpose of administering this chapter and any power exercisable
pursuant thereto, including the taking of specimens, general
inspection, and the performance of such acts as are necessary
for controlling and preventing the spreading of horticultural
pests and diseases. Such entry may be without the consent of
the owner, and no action for trespass or damages shall lie so
long as such entry and any activities connected therewith are
undertaken and prosecuted with reasonable care.
Should any such employee or authorized agent of the
county horticultural pest and disease board be denied access
to such property where such access was sought to carry out
the purpose and provisions of this chapter, the said board may
apply to any court of competent jurisdiction for a search warrant authorizing access to such property for said purpose. The
court may upon such application issue the search warrant for
the purpose requested. [1969 c 113 § 7.]
15.09.070
15.09.080 Failure to control horticultural pests and
diseases—Remedies. (1) Whenever the horticultural pest
and disease control board finds that an owner of land has
failed to control and prevent the spread of horticultural pests
and diseases on his or her land, as is his or her duty under
RCW 15.09.060, it shall provide such person with written
notice, which notice shall identify the pests and diseases
found to be present and shall order prompt control or disinfection action to be taken within a specified and reasonable
time period.
(2) If the person to whom the notice is directed fails to
take action in accordance with this notice, then the board
shall perform or cause to be performed such measures as are
necessary to control and prevent the spread of the pests and
diseases on such property and the expense of this work shall
be charged to such person. Any action that the board determines requires the destruction of infested plants, absent the
consent of the owner, shall be subject to the provisions of
subsection (3) of this section.
15.09.080
[Title 15 RCW—page 9]
15.09.090
Title 15 RCW: Agriculture and Marketing
(3) In the event the owner of land fails to control and prevent the spread of horticultural pests and diseases as required
by RCW 15.09.060, and the county horticultural pest and disease board determines that actions it has taken to control and
prevent the spread of such pests or diseases has not been
effective or the county horticultural pest and disease board
determines that no reasonable measures other than removal
of the plants will control and prevent the spread of such pests
or diseases, the county horticultural pest and disease board
may petition the superior court of the county in which the
property is situated for an order directing the owner to show
cause why the plants should not be removed at the owner’s
expense and for an order authorizing removal of said infected
plants. The petition shall state: (a) The legal description of
the property on which the plants are located; (b) the name and
place of residence, if known, of the owners of said property;
(c) that the county horticultural pest and disease board has,
through its officers or agents, inspected said property and that
the plants thereon, or some of them, are infested with a horticultural pest or disease as defined by RCW 15.08.010; (d) the
dates of all notices and orders delivered to the owners pursuant to this section; (e) that the owner has failed to control and
prevent the spread of said horticultural pest or disease; and (f)
that the county horticultural pest and disease board has determined that the measures taken by it have not controlled or
prevented the spread of the pest or disease or that no reasonable measure can be taken that will control and prevent the
spread of such pest or disease except removal of the plants.
The petition shall request an order directing the owner to
appear and show cause why the plants on said property shall
not be removed at the expense of the owner, to be collected as
provided in this chapter. The order to show cause shall direct
the owner to appear on a date certain and show cause, if any,
why the plants on the property described in the petition
should not be removed at the owner’s expense. The order to
show cause and petition shall be served on the owner not less
than five days before the hearing date specified in the order in
the same manner as a summons and complaint. In the event
the owner fails to appear or fails to show by competent evidence that the horticultural pest or disease has been controlled, then the court shall authorize the county horticultural
pest and disease board to remove the plants at the owner’s
expense, to be collected as provided by this chapter. If the
procedure provided herein is followed, no action for damages
for removal of the plants shall lie against the county horticultural pest and disease board, its officers or agents, or the
county in which it is situated. [2010 c 8 § 6019; 1991 c 257
§ 1; 1982 c 153 § 4; 1969 c 113 § 8.]
Additional notes found at www.leg.wa.gov
15.09.090
15.09.090 Hearing on liability of owner for costs or
charges—Review. Any person upon request and pursuant to
the rules and regulations of the horticultural pest and disease
board shall be entitled to a hearing before the board on any
charge or cost for which such person is alleged to be liable
under subsection (2) of RCW 15.09.080. Any determination
or final action by the board shall be subject to judicial review
by a proceeding in the superior court of the county where the
property is situated and to any damages suffered on account
of disinfection work wrongfully undertaken, but no stay or
[Title 15 RCW—page 10]
injunction shall lie to delay any such disinfection work subsequent to notice given pursuant to RCW 15.09.080. [1969 c
113 § 9.]
15.09.100 Payment of expenses and costs—Penalty—
Collection. Any amount charged to the owner of land in
accordance with the provisions of RCW 15.09.080 and
15.09.090 shall be paid by such owner within sixty days of
the date in which he or she was billed for such amount. If
payment is not made within such sixty day period, the
amount of such charge, together with a ten percent penalty
surcharge, shall, for purposes of collection, become a tax lien
under RCW 84.60.010, as now or hereafter amended, and
shall be promptly collected as such by the county treasurer:
PROVIDED, That where good cause is shown the board may
extend for an additional two months the time period during
which payment shall be made. [2010 c 8 § 6020; 1969 c 113
§ 10.]
15.09.100
15.09.110 Refund of charges paid. In regard to any
charge made pursuant to RCW 15.09.080, if either the horticultural pest and disease board or the superior court on judicial review disallows such charge, then any amount paid on
such charge, together with any interest or penalty, shall be
promptly refunded by the county from the county’s current
expense fund or from any other county funds available. In
addition, the county shall pay six percent simple annual interest on such amount refunded. [1969 c 113 § 11.]
15.09.110
15.09.120 Disposition of moneys collected. Any moneys collected under this chapter shall be placed in the county
current expense fund together with any taxes collected pursuant to the provisions of RCW 15.08.260, as now or hereafter
amended. [1969 c 113 § 12.]
15.09.120
15.09.131 Operating budget—Source of funds. Funding of the operating budget of a horticultural pest and disease
board may be derived from any or all of the following:
(1) Moneys from the county general fund or other general revenues, as appropriated by the board of county commissioners or other county legislative authority;
(2) A horticultural tax, as authorized in RCW 15.08.260,
levied by the county board of commissioners or other county
legislative authority; or
(3) An assessment against all lands. [2000 c 144 § 33.]
15.09.131
15.09.135 Assessment—Public hearing—Rate—
County review—Lien. (1) Prior to the levying of an assessment authorized in RCW 15.09.131, the horticultural pest and
disease board shall hold a public hearing at which it will
gather information to serve as a basis for classification and
then classify the lands into suitable classification, including
but not limited to orchard lands, range lands, dry lands, nonuse lands, forest lands, or federal lands.
(2) The board shall develop and forward to the county
board of commissioners or other county legislative authority,
as a proposed level of assessment for each class, an amount
that seems just. The assessment rate shall be either uniform
per acre in its respective class, a flat rate per parcel, or a flat
rate per parcel rate plus a uniform rate per acre: PROVIDED,
15.09.135
(2010 Ed.)
Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing
That if no benefits are found to accrue to a class of land, a
zero assessment may be levied.
(3) The county board of commissioners or other county
legislative authority, upon receipt of the proposed levels of
assessment from the horticultural pest and disease board,
after a hearing, shall accept or modify by resolution, or refer
back to the horticultural pest and disease board for its reconsideration, all or any portion of the proposed levels of assessment.
(4) The amount of the assessment constitutes a lien
against the property. The assessments shall be subject to the
same provisions as those for property tax collections, as provided in RCW 84.56.020, and shall be collected by the
county treasurer under the authority in RCW 84.56.035.
[2000 c 144 § 34.]
15.09.140 Abolishment of board. Upon receipt of a
petition signed by twenty-five landowners within the county
or on its own motion, the board of county commissioners
may abolish the pest and disease board following a hearing
and a finding that the purposes of this chapter would not be
sufficiently served by the continued existence of such board.
[1969 c 113 § 14.]
15.09.140
15.09.900 Chapter cumulative. The effects of the provisions of this chapter on the provisions of chapter 15.08
RCW shall be cumulative. [1969 c 113 § 15.]
15.09.900
Chapter 15.13 RCW
HORTICULTURAL PLANTS, CHRISTMAS TREES,
AND FACILITIES—INSPECTION AND LICENSING
Chapter 15.13
Sections
15.13.250
15.13.260
15.13.262
15.13.265
15.13.270
15.13.280
15.13.285
15.13.290
15.13.300
15.13.310
15.13.311
15.13.312
15.13.314
15.13.315
15.13.320
15.13.335
15.13.340
15.13.360
15.13.370
15.13.380
15.13.390
15.13.400
15.13.410
15.13.420
(2010 Ed.)
Definitions.
Enforcement—Rules—Scope.
Application of administrative procedure act.
Enforcement—Access to nursery dealer premises—Inspection.
Nursery dealer licensing exemptions—Permits for clubs, conservation districts, nonprofit associations, educational organizations.
Nursery dealer licenses—Farmers markets—Application—
Fees—Expiration—Posting—Audit.
Nursery dealer licenses—Fee surcharge.
Nursery dealer licenses—Additional charge for late renewal.
Nursery dealer licenses—Application—Contents.
Assessment on gross sale price of wholesale market value of
certain horticultural plants—Method for determining—Due
date—Gross sale period—Audit.
Christmas tree grower exemptions—License—Fees.
Christmas tree grower license—Application.
Christmas tree program—Advisory committee.
Grapevine certification and nursery improvement program—
Advisory committee.
Fruit tree certification and nursery improvement program—
Advisory committee.
Nursery advisory committee—Members—Terms.
Late fee on delinquent assessments.
Hearings—Subpoenas.
Request by licensee for inspector’s services during shipping
season—Certificate of inspection—Other requests for
inspection and/or certification services—Fees.
Inspection fees—When due and payable—Arrears.
Unlawful selling, shipment, or transport of horticultural plants
or Christmas trees within state, when.
Unlawful shipment or delivery of horticultural plants into
state, when—Certificate and inspection requirements—
Christmas trees—Rules—Hearing.
Shipments into state to be marked or tagged.
Unlawful acts enumerated.
15.13.425
15.13.430
15.13.440
15.13.445
15.13.447
15.13.450
15.13.455
15.13.470
15.13.477
15.13.480
15.13.490
15.13.500
15.13.920
15.13.940
15.13.250
False advertisements.
Hold order on damaged, infested, or infected horticultural
plants or Christmas trees—Selling or moving unlawful.
Order of condemnation—Grounds for issuance.
Order or action of director—Hearing opportunity.
Prohibition on recovery of damages.
Injunction to prevent violations.
Injunction to restrain operation as nursery dealer or Christmas
tree grower without valid license—Costs, attorneys’ fees,
and expenses.
Disposition of moneys collected under chapter—Expenditure.
Compliance agreements.
Cooperative contracts or agreements to further chapter—
Agreements to facilitate export.
Compliance with chapter—Violation—Penalties.
Suspension of license—Reissuance.
Chapter cumulative and nonexclusive.
Severability—1971 ex.s. c 33.
Prior law: 1961 c 11 §§ 15.12.010 through 15.12.110; 1961 c 221 §§ 1
through 23 (codified as RCW 15.13.010 through 15.13.210, 15.13.900, and
15.13.910).
15.13.250 Definitions. (Expires July 1, 2014.) For the
purpose of this chapter:
(1) "Department" means the department of agriculture of
the state of Washington.
(2) "Director" means the director of the department or
the director’s duly authorized representative.
(3) "Person" means any individual, firm, partnership,
corporation, company, society and association, and every
officer, agent or employee thereof.
(4) "Horticultural plant" includes, but is not limited to,
any horticultural, floricultural, or viticultural plant, or turf,
for planting, propagation or ornamentation growing or otherwise. The term does not apply to potato, garlic, or onion
planting stock or to cut plant material, except plant parts used
for propagative purposes.
(5) "Horticultural facilities" means, but is not limited to,
the premises where horticultural plants or Christmas trees are
grown, stored, handled or delivered for sale or transportation,
or where records required under this chapter are stored or
kept, and all vehicles and equipment used to transport horticultural plants or Christmas trees.
(6) "Plant pests" means, but is not limited to, a living
stage of insect, mite, or other arthropod; nematode; slug,
snail, or other mollusk; protozoa or other invertebrate animals; bacteria; fungus; virus; viroid; phytoplasma; weed or
parasitic plant; or any organisms similar to or allied with any
of the plant pests listed in this section; or any infectious substance; which can directly or indirectly injure or cause disease or damage to any plant or plant product or that threatens
the diversity or abundance of native species.
(7) "Inspection and/or certification" means, but is not
limited to, the inspection by the director of horticultural
plants or Christmas trees at any time prior to, during, or subsequent to harvest or sale and the issuance by the director of
a written certificate stating if the horticultural plants or
Christmas trees are in compliance with the provisions of this
chapter and rules adopted under this chapter. Inspection may
include, but is not limited to, examination of horticultural
plants or Christmas trees, taking samples, destructive testing,
conducting interviews, taking photographs, and examining
records.
(8) "Nursery dealer" means any person who sells horticultural plants or plants, grows, receives, or handles horticul15.13.250
[Title 15 RCW—page 11]
15.13.250
Title 15 RCW: Agriculture and Marketing
tural plants for the purpose of selling or planting for another
person.
(9) "Sell" means to sell, hold for sale, offer for sale, handle, or to use as an inducement for the sale of another article
or product.
(10) "Master license system" means the mechanism
established by chapter 19.02 RCW by which master licenses,
endorsed for individual state-issued licenses, are issued and
renewed utilizing a master application and a master license
expiration date common to each renewable license endorsement.
(11) "Certificate" or "certificate of inspection" means an
official document certifying compliance with the requirements of this chapter. The term "certificate" includes labels,
rubber stamp imprints, tags, permits, written statements, or
any other form of certification document that accompanies
the movement of inspected and certified plant material,
including Christmas trees.
(12) "Turf" means field-cultivated turf grass sod consisting of grass varieties, or blends of grass varieties, and dichondra for use in residential and commercial landscapes.
(13) "This chapter" means this chapter and the rules
adopted under this chapter.
(14) "Compliance agreement" means a written agreement between the department and a person engaged in growing, handling, or moving articles, plants, or plant products
regulated under this chapter or title, in which the person
agrees to comply with stipulated requirements.
(15) "Consignor" means the person named in the
invoice, bill, or other shipping document accompanying a
horticultural plant as the person from whom the horticultural
plant has been received for shipment.
(16) "Christmas tree" means a cut evergreen tree:
(a) Of a marketable species;
(b) Managed to produce trees meeting United States
number 2 or better standards for Christmas trees as specified
by the United States department of agriculture; and
(c) Evidencing periodic maintenance practices of shearing or culturing, or both; weed and brush control; and one or
more of the following practices: Basal pruning, fertilization,
insect and disease control, stump culture, soil cultivation, and
irrigation.
(17) "Christmas tree grower" means any person who
grows Christmas trees for sale. [2007 c 335 § 1; 2000 c 144
§ 1; 1993 c 120 § 1; 1990 c 261 § 1; 1985 c 36 § 1; 1982 c 182
§ 19; 1971 ex.s. c 33 § 1.]
Expiration date—2007 c 335: "This act expires July 1, 2014." [2007
c 335 § 19.]
Additional notes found at www.leg.wa.gov
15.13.250 Definitions. (Effective July 1, 2014.) For
the purpose of this chapter:
(1) "Department" means the department of agriculture of
the state of Washington.
(2) "Director" means the director of the department or
the director’s duly authorized representative.
(3) "Person" means any individual, firm, partnership,
corporation, company, society and association, and every
officer, agent or employee thereof.
(4) "Horticultural plant" includes, but is not limited to,
any horticultural, floricultural, or viticultural plant, or turf,
15.13.250
[Title 15 RCW—page 12]
for planting, propagation or ornamentation growing or otherwise. The term does not apply to potato, garlic, or onion
planting stock or to cut plant material, except plant parts used
for propagative purposes.
(5) "Horticultural facilities" means, but is not limited to,
the premises where horticultural plants are grown, stored,
handled or delivered for sale or transportation, or where
records required under this chapter are stored or kept, and all
vehicles and equipment used to transport horticultural plants.
(6) "Plant pests" means, but is not limited to, a living
stage of insect, mite, or other arthropod; nematode; slug,
snail, or other mollusk; protozoa or other invertebrate animals; bacteria; fungus; virus; viroid; phytoplasma; weed or
parasitic plant; or any organisms similar to or allied with any
of the plant pests listed in this section; or any infectious substance; which can directly or indirectly injure or cause disease or damage to any plant or plant product or that threatens
the diversity or abundance of native species.
(7) "Inspection and/or certification" means, but is not
limited to, the inspection by the director of horticultural
plants at any time prior to, during, or subsequent to harvest or
sale and the issuance by the director of a written certificate
stating if the horticultural plants are in compliance with the
provisions of this chapter and rules adopted under this chapter. Inspection may include, but is not limited to, examination
of horticultural plants, taking samples, destructive testing,
conducting interviews, taking photographs, and examining
records.
(8) "Nursery dealer" means any person who sells horticultural plants or plants, grows, receives, or handles horticultural plants for the purpose of selling or planting for another
person.
(9) "Sell" means to sell, hold for sale, offer for sale, handle, or to use as an inducement for the sale of another article
or product.
(10) "Master license system" means the mechanism
established by chapter 19.02 RCW by which master licenses,
endorsed for individual state-issued licenses, are issued and
renewed utilizing a master application and a master license
expiration date common to each renewable license endorsement.
(11) "Certificate" or "certificate of inspection" means an
official document certifying compliance with the requirements of this chapter. The term "certificate" includes labels,
rubber stamp imprints, tags, permits, written statements, or
any other form of certification document that accompanies
the movement of inspected and certified plant material.
(12) "Turf" means field-cultivated turf grass sod consisting of grass varieties, or blends of grass varieties, and dichondra for use in residential and commercial landscapes.
(13) "This chapter" means this chapter and the rules
adopted under this chapter.
(14) "Compliance agreement" means a written agreement between the department and a person engaged in growing, handling, or moving articles, plants, or plant products
regulated under this chapter or title, in which the person
agrees to comply with stipulated requirements.
(15) "Consignor" means the person named in the
invoice, bill, or other shipping document accompanying a
horticultural plant as the person from whom the horticultural
plant has been received for shipment. [2000 c 144 § 1; 1993
(2010 Ed.)
Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing
c 120 § 1; 1990 c 261 § 1; 1985 c 36 § 1; 1982 c 182 § 19;
1971 ex.s. c 33 § 1.]
Additional notes found at www.leg.wa.gov
15.13.260 Enforcement—Rules—Scope. (Expires
July 1, 2014.) The director shall enforce the provisions of
this chapter and may adopt any rule necessary to carry out its
purpose and provisions including but not limited to the following:
(1) The director may adopt rules establishing standards
for grades and/or classifications for any horticultural plant.
(2) The director shall adopt rules for labeling or tagging
horticultural plants.
(3) The director may adopt rules for the inspection
and/or certification of any horticultural plant as to variety,
quality, size and freedom from infestation by plant pests.
(4) The director may adopt rules for the inspection
and/or certification of any Christmas tree as to freedom from
infestation by plant pests.
(5) The director shall adopt rules establishing fees for
nursery dealer licenses and for inspection of horticultural
plants and methods of fee collection.
(6) The director may adopt rules prescribing minimum
informational requirements for advertising for the sale of horticultural plants within the state.
(7) The director may adopt rules establishing categories
of sales and fees for permits established in RCW 15.13.270.
(8) The director may adopt rules establishing fees for
Christmas tree grower licenses and for inspection of Christmas trees and methods of fee collection. [2007 c 335 § 2;
2000 c 144 § 2; 1993 c 120 § 2; 1990 c 261 § 2; 1985 c 36 §
2; 1971 ex.s. c 33 § 2.]
15.13.260
Expiration date—2007 c 335: See note following RCW 15.13.250.
15.13.260 Enforcement—Rules—Scope. (Effective
July 1, 2014.) The director shall enforce the provisions of
this chapter and may adopt any rule necessary to carry out its
purpose and provisions including but not limited to the following:
(1) The director may adopt rules establishing standards
for grades and/or classifications for any horticultural plant.
(2) The director shall adopt rules for labeling or tagging
horticultural plants.
(3) The director may adopt rules for the inspection
and/or certification of any horticultural plant as to variety,
quality, size and freedom from infestation by plant pests.
(4) The director shall adopt rules establishing fees for
nursery dealer licenses and for inspection of horticultural
plants and methods of fee collection.
(5) The director may adopt rules prescribing minimum
informational requirements for advertising for the sale of horticultural plants within the state.
(6) The director may adopt rules establishing categories
of sales and fees for permits established in RCW 15.13.270.
[2000 c 144 § 2; 1993 c 120 § 2; 1990 c 261 § 2; 1985 c 36 §
2; 1971 ex.s. c 33 § 2.]
15.13.260
15.13.262 Application of administrative procedure
act. Chapter 34.05 RCW governs the rights, remedies, and
procedures respecting the administration of this chapter,
15.13.262
(2010 Ed.)
15.13.270
including rule making, assessment of civil penalties, emergency actions, and license suspension, revocation, or denial.
[2000 c 144 § 3.]
15.13.265 Enforcement—Access to nursery dealer
premises—Inspection. (Expires July 1, 2014.) (1) The
director may enter and inspect the horticultural facilities of a
nursery dealer at reasonable times for the purpose of carrying
out the provisions of this chapter.
(2) If the director is denied access, the director may
apply to a court of competent jurisdiction for a search warrant
authorizing access to the premises. The court may upon such
application issue the search warrant for the purposes
requested. The warrant shall be issued on probable cause. It
is sufficient probable cause to show (a) the inspection is pursuant to a general administrative practice to determine compliance with this chapter or (b) the director has reason to
believe that a violation of this chapter has occurred, is occurring, or may occur.
(3) Denial of access to the director to perform inspections may subject a nursery dealer or Christmas tree grower
to license revocation. [2007 c 335 § 3; 2000 c 144 § 4; 1993
c 120 § 7.]
15.13.265
Expiration date—2007 c 335: See note following RCW 15.13.250.
15.13.265 Enforcement—Access to nursery dealer
premises—Inspection. (Effective July 1, 2014.) (1) The
director may enter and inspect the horticultural facilities of a
nursery dealer at reasonable times for the purpose of carrying
out the provisions of this chapter.
(2) If the director is denied access, the director may
apply to a court of competent jurisdiction for a search warrant
authorizing access to the premises. The court may upon such
application issue the search warrant for the purposes
requested. The warrant shall be issued on probable cause. It is
sufficient probable cause to show (a) the inspection is pursuant to a general administrative practice to determine compliance with this chapter or (b) the director has reason to believe
that a violation of this chapter has occurred, is occurring, or
may occur.
(3) Denial of access to the director to perform inspections may subject a nursery dealer to revocation of the nursery license. [2000 c 144 § 4; 1993 c 120 § 7.]
15.13.265
15.13.270 Nursery dealer licensing exemptions—
Permits for clubs, conservation districts, nonprofit associations, educational organizations. (Expires July 1, 2014.)
The provisions of this chapter relating to nursery dealer
licensing do not apply to: (1) Persons making casual or isolated sales that do not exceed one hundred dollars annually;
(2) any garden club, conservation district, or charitable nonprofit association conducting not more than three sales per
year for not more than four consecutive days each of horticultural plants which are grown by or donated to its members;
(3) educational organizations associated with private or public secondary schools. However, such a club, conservation
district, association, or organization shall apply to the director for a permit to conduct such sales.
All horticultural plants sold under such a permit shall be
in compliance with the provisions of this chapter. [2007 c
15.13.270
[Title 15 RCW—page 13]
15.13.270
Title 15 RCW: Agriculture and Marketing
335 § 4; 2000 c 144 § 5; 1993 c 120 § 3; 1990 c 261 § 3; 1985
c 36 § 3; 1983 1st ex.s. c 73 § 2; 1971 ex.s. c 33 § 3.]
Expiration date—2007 c 335: See note following RCW 15.13.250.
15.13.270 Licensing exemptions—Permits for clubs,
conservation districts, nonprofit associations, educational
organizations. (Effective July 1, 2014.) The provisions of
this chapter relating to licensing do not apply to: (1) Persons
making casual or isolated sales that do not exceed one hundred dollars annually; (2) any garden club, conservation district, or charitable nonprofit association conducting not more
than three sales per year for not more than four consecutive
days each of horticultural plants which are grown by or
donated to its members; (3) educational organizations associated with private or public secondary schools. However, such
a club, conservation district, association, or organization
shall apply to the director for a permit to conduct such sales.
All horticultural plants sold under such a permit shall be
in compliance with the provisions of this chapter. [2000 c
144 § 5; 1993 c 120 § 3; 1990 c 261 § 3; 1985 c 36 § 3; 1983
1st ex.s. c 73 § 2; 1971 ex.s. c 33 § 3.]
15.13.270
15.13.280 Nursery dealer licenses—Farmers markets—Application—Fees—Expiration—Posting—Audit.
(1) No person shall act as a nursery dealer without a license
for each place of business where horticultural plants are sold
except as provided in RCW 15.13.270. Any person applying
for such a license shall apply through the master license system. The application shall be accompanied by the appropriate
fee. The director shall establish a schedule of fees for retail
and wholesale nursery dealer licenses based upon the person’s gross annual sales of horticultural plants at each place
of business. The schedule for retail licenses shall include separate fees for at least the following two categories:
(a) A person whose gross annual sales of horticultural
plants do not exceed two thousand five hundred dollars; and
(b) A person whose gross annual sales of horticultural
plants exceed two thousand five hundred dollars.
(2) A person conducting both retail and wholesale sales
of horticultural plants at the same place of business shall
secure one of the following:
(a) A retail nursery dealer license if retail sales of the
horticultural plants exceed such wholesale sales; or
(b) A wholesale nursery dealer license if wholesale sales
of the horticultural plants exceed such retail sales.
(3) The director may issue a wholesale nursery dealer
license to a person operating as a farmers market at which
individual producers are selling directly to consumers. The
license shall be at the appropriate level to cover all persons
selling horticultural plants at each site at which the person
operates a market.
(4) The licensing fee that must accompany an application
for a new license shall be based upon the applicant’s estimated gross sales of horticultural plants for the ensuing
licensing year. The fee for renewing a license shall be based
upon the licensee’s gross sales of these products during the
preceding licensing year.
(5) The license expires on the master license expiration
date unless it has been revoked or suspended prior to the
expiration date by the director for cause. Each license shall be
15.13.280
[Title 15 RCW—page 14]
posted in a conspicuous place open to the public in the location for which it was issued.
(6) The department may audit licensees during normal
business hours to determine that appropriate fees have been
paid. [2000 c 144 § 6; 1993 c 120 § 4; 1987 c 35 § 1; 1985 c
36 § 4; 1983 1st ex.s. c 73 § 3; 1982 c 182 § 20; 1971 ex.s. c
33 § 4.]
Master license
expiration date: RCW 19.02.090.
system
existing licenses or permits registered under, when: RCW 19.02.810.
generally: RCW 15.13.250(10).
to include additional licenses: RCW 19.02.110.
Additional notes found at www.leg.wa.gov
15.13.285 Nursery dealer licenses—Fee surcharge.
The director may, with the advice of the nursery advisory
committee, establish by rule a surcharge to the fee for a nursery dealer license. The surcharge shall not exceed twenty percent of the license fee and shall be paid at the same time that
the license fee is paid. Moneys collected from the surcharge
shall be deposited in the agricultural local fund and shall be
used solely to support research projects which are of general
benefit to the nursery industry and are recommended by the
nursery advisory committee. [2000 c 144 § 7; 1992 c 23 § 1.]
15.13.285
Additional notes found at www.leg.wa.gov
15.13.290 Nursery dealer licenses—Additional
charge for late renewal. If any application for renewal of a
nursery dealer license is not filed prior to the master license
expiration date, the master license delinquency fee shall be
assessed under chapter 19.02 RCW and shall be paid by the
applicant before the renewal license is issued. [2000 c 144 §
8; 1982 c 182 § 21; 1971 ex.s. c 33 § 5.]
15.13.290
Master license
delinquency fee—Rate—Disposition: RCW 19.02.085.
expiration date: RCW 19.02.090.
system—Existing licenses or permits registered under, when: RCW
19.02.810.
Additional notes found at www.leg.wa.gov
15.13.300 Nursery dealer licenses—Application—
Contents. Application for a license shall include:
(1) The full name of the person applying for the license
and if the applicant is an individual, receiver, trustee, firm,
partnership, association, or corporation, the full name of each
member of the firm or partnership, or the names of the officers of the association or corporation.
(2) The principal business address of the applicant in the
state and elsewhere.
(3) The address for the location or locations for which
the licenses are being applied.
(4) The names of the persons authorized to receive and
accept service of summons and legal notices of all kinds for
the applicant.
(5) Any other necessary information prescribed by the
director. [2000 c 144 § 9; 1982 c 182 § 22; 1971 ex.s. c 33 §
6.]
15.13.300
Master license system
existing licenses or permits registered under, when: RCW 19.02.810.
generally: Chapter 19.02 RCW.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing
15.13.310 Assessment on gross sale price of wholesale
market value of certain horticultural plants—Method for
determining—Due date—Gross sale period—Audit. (1)
An annual assessment shall be levied on the gross sale price
of the wholesale market value for all horticultural plants of
the genera Chaenomeles, Cydonia, Crataegus, Malus, Prunus, Pyrus, Sorbus, and Vitis produced in Washington, and
sold within the state or shipped from the state by any licensed
nursery dealer during any license period. This annual assessment is based on the first sale price of such nursery stock
except for rootstocks which are replanted and/or grafted or
budded and planted for growing-on in the nursery. The director shall by rule determine the rate of an assessment needed to
carry out the grapevine and fruit tree certification and nursery
improvement programs set forth in RCW 15.13.470 and
chapter 15.14 RCW.
The wholesale market price may be determined by the
wholesale catalogue price of the seller of the horticultural
plants assessed under this section or of the shipper moving
such nursery stock out of the state. If the seller or shipper
does not have a catalogue, then the wholesale market price
may be based on the actual selling price or an average wholesale market price. The director in determining the average
wholesale market price may use catalogues of various businesses licensed under the provisions of this chapter or any
other reasonable method.
(2) The assessment is due and payable on the first day of
July of each year.
(3) The gross sale period shall be from July 1 to June 30
of the previous year.
(4) The department may audit the records of licensees
during normal business hours to determine that the appropriate assessment has been paid. [2002 c 215 § 1; 2000 c 144 §
10; 1993 c 120 § 5; 1990 c 261 § 4; 1987 c 35 § 2; 1983 1st
ex.s. c 73 § 4; 1971 ex.s. c 33 § 7.]
15.13.310
15.13.311 Christmas tree grower exemptions—
License—Fees. (Expires July 1, 2014.) (1) Any Christmas
tree grower owning Christmas trees, whose business consists
solely of retail sales to the ultimate consumer, is exempt from
the requirements of this section if:
(a) The grower has less than one acre of Christmas trees;
or
(b) The grower harvests, by u-cut or otherwise, fewer
than four hundred Christmas trees per year.
(2) Licensed nursery dealers who furnish live plants for
planting to Christmas tree growers are exempt from the
requirements of this section.
(3) No person may operate as a Christmas tree grower
without first obtaining a license from the department.
(a) The application must be accompanied by an annual
fee, as established by the director in rule. The annual fee
must not exceed forty dollars as a basic charge and a maximum of four dollars per acre as an acreage assessment. The
annual Christmas tree grower license fee for any person may
not exceed five thousand dollars.
(b) The department may audit licensees during normal
business hours to determine that appropriate fees have been
paid. [2007 c 335 § 5.]
15.13.311
Expiration date—2007 c 335: See note following RCW 15.13.250.
(2010 Ed.)
15.13.315
15.13.312 Christmas tree grower license—Application. (Expires July 1, 2014.) Application for a Christmas
tree grower license shall include:
(1) The full name of the person applying for the license,
whether the applicant is an individual, receiver, trustee, firm,
partnership, association, or corporation, and if the applicant is
a firm or partnership the full name of each member of the
firm or partnership, and if the applicant is an association or
corporation the names of the officers of the association or
corporation;
(2) The principal business address of the applicant in the
state and elsewhere;
(3) The address and acreage of Christmas trees for each
location included in the application;
(4) The names of the persons authorized to receive and
accept service of summons and legal notices of all kinds for
the applicant; and
(5) Any other information prescribed by the director.
[2007 c 335 § 6.]
15.13.312
Expiration date—2007 c 335: See note following RCW 15.13.250.
15.13.314 Christmas tree program—Advisory committee. (Expires July 1, 2014.) (1) An advisory committee
is established to advise the director in the administration of
the Christmas tree program.
(2) When appointing this committee, the director shall
consider names submitted by Christmas tree growers and by
established Christmas tree grower associations having members in the state.
(3) The committee consists of no fewer than five members, representing the interests of licensed Christmas tree
growers and the Christmas tree industry, and the director or
the director’s designee.
(4) The terms of the members of the committee shall be
staggered and the members shall serve a term of three years
or until their successor has been appointed.
(5) In the event a committee member resigns, is disqualified, or vacates a position on the committee for any other
reason, the vacancy shall be filled by the director under the
provisions of this section governing appointments. [2007 c
335 § 8.]
15.13.314
Expiration date—2007 c 335: See note following RCW 15.13.250.
15.13.315 Grapevine certification and nursery
improvement program—Advisory committee. An advisory committee is established to advise the director in the
administration of the grapevine certification and nursery
improvement program.
(1) The committee consists of two grapevine nursery
dealers; three grape growers, at least two of whom grow wine
grapes; one winery representative; a university researcher;
and the director.
(2) When appointing this committee, the director shall
consider names submitted by the Washington association of
wine grape growers and the Washington state grape society.
(3) The terms of the members of the committee shall be
staggered and the members shall serve a term of three years
and until their successor has been appointed. [2002 c 215 §
2.]
15.13.315
[Title 15 RCW—page 15]
15.13.320
Title 15 RCW: Agriculture and Marketing
15.13.320 Fruit tree certification and nursery
improvement program—Advisory committee. An advisory committee is hereby established to advise the director in
the administration of the fruit tree certification and nursery
improvement program.
(1) The committee shall consist of five fruit tree nursery
dealers and the director or the director’s designated appointee.
(2) When appointing this committee, the director shall
consider names submitted by the Washington state nursery
and landscape association.
(3) The terms of the members of the committee shall be
staggered and the members shall serve a term of three years
and until their successor has been appointed.
In the event a committee member resigns, is disqualified,
or vacates a position on the committee for any other reason
the vacancy shall be filled by the director under the provisions of this section governing appointments. [2000 c 144 §
11; 1993 c 120 § 6; 1990 c 261 § 5; 1983 1st ex.s. c 73 § 5;
1971 ex.s. c 33 § 8.]
15.13.320
15.13.335 Nursery advisory committee—Members—
Terms. A nursery advisory committee is hereby established
to advise the director in the administration of this chapter.
(1) The committee shall consist of not less than four
members, representing the interests of licensed nursery dealers and the nursery industry, appointed by the director in consultation with the following persons: The president of (a) the
Washington state floricultural association, (b) the Washington state bulb association, and (c) the Washington state nursery and landscape association; and the director or the director’s designated appointee.
(2) The terms of the members of the committee shall be
staggered and the members shall serve a term of three years
and until their successors have been appointed.
In the event a committee member resigns, is disqualified,
or vacates a position on the committee for any other reason,
the vacancy shall be filled by the director under the provisions of this section governing appointments. [2000 c 144 §
12; 1990 c 261 § 6; 1983 1st ex.s. c 73 § 6.]
15.13.335
15.13.340 Late fee on delinquent assessments.
(Expires July 1, 2014.) (1) A late fee of twenty percent of the
amount due shall be levied on all delinquent assessments for
each license period the assessment is delinquent.
(2) The director shall not issue a nursery dealer license or
Christmas tree grower license to any applicant who has failed
to pay any assessment due under the provisions of this chapter. [2007 c 335 § 9; 2000 c 144 § 13; 1971 ex.s. c 33 § 10.]
15.13.340
15.13.360 Hearings—Subpoenas. The director may
issue subpoenas to compel the attendance of witnesses and/or
production of books, documents, and records for purposes of
investigating compliance with this chapter or for any hearing
under this chapter. [2000 c 144 § 14; 1971 ex.s. c 33 § 12.]
15.13.360
15.13.370 Request by licensee for inspector’s services
during shipping season—Certificate of inspection—
Other requests for inspection and/or certification services—Fees. (Expires July 1, 2014.) (1) Any person
licensed under the provisions of this chapter may request the
services of a department inspector at the licensee’s place of
business or point of shipment during the shipping season.
Subsequent to inspection the inspector shall issue to the licensee a certificate of inspection signed by the inspector covering any horticultural plants or Christmas trees which the
inspector finds to be in compliance with the provisions of this
chapter.
(2) Any person financially interested in any horticultural
plants or Christmas trees may request inspection and/or certification services provided for horticultural plants or Christmas trees under this chapter.
(3) To facilitate the marketing of agricultural commodities and other plant products, the director may provide, if
requested, special inspections or certifications not otherwise
authorized under this chapter and shall prescribe a fee for that
service. [2007 c 335 § 10; 2002 c 215 § 3; 2000 c 144 § 15;
1993 c 120 § 8; 1990 c 261 § 8; 1971 ex.s. c 33 § 13.]
15.13.370
Expiration date—2007 c 335: See note following RCW 15.13.250.
15.13.370 Request by licensee for inspector’s services
during shipping season—Certificate of inspection—
Other requests for inspection and/or certification services—Fees. (Effective July 1, 2014.) (1) Any person
licensed under the provisions of this chapter may request the
services of a department inspector at the licensee’s place of
business or point of shipment during the shipping season.
Subsequent to inspection the inspector shall issue to the licensee a certificate of inspection signed by the inspector covering any horticultural plants which the inspector finds to be
in compliance with the provisions of this chapter.
(2) Any person financially interested in any horticultural
plants may request inspection and/or certification services
provided for horticultural plants under this chapter.
(3) To facilitate the marketing of agricultural commodities and other plant products, the director may provide, if
requested, special inspections or certifications not otherwise
authorized under this chapter and shall prescribe a fee for that
service. [2002 c 215 § 3; 2000 c 144 § 15; 1993 c 120 § 8;
1990 c 261 § 8; 1971 ex.s. c 33 § 13.]
15.13.370
Expiration date—2007 c 335: See note following RCW 15.13.250.
15.13.380 Inspection fees—When due and payable—
Arrears. (1) The inspection fees provided for in this chapter
shall become due and payable upon billing by the department.
(2) A late charge of one and one-half percent per month
shall be assessed on the unpaid balance against persons more
than thirty days in arrears.
(3) In addition to any other penalties, the director may
refuse to perform any inspection or certification service for
15.13.380
15.13.340 Late fee on delinquent assessments.
(Effective July 1, 2014.) (1) A late fee of twenty percent of
the amount due shall be levied on all delinquent assessments
for each license period the assessment is delinquent.
(2) The director shall not issue a nursery dealer license to
any applicant who has failed to pay any assessment due under
the provisions of this chapter. [2000 c 144 § 13; 1971 ex.s. c
33 § 10.]
15.13.340
[Title 15 RCW—page 16]
(2010 Ed.)
Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing
any person who is in arrears or who fails to pay any assessment due under the provisions of this chapter or assessments
required by law to any agricultural commodity commission
unless the person makes payment in full prior to such inspection or certification service. [2000 c 144 § 16; 1990 c 261 §
9; 1971 ex.s. c 33 § 14.]
15.13.390 Unlawful selling, shipment, or transport of
horticultural plants or Christmas trees within state,
when. (Expires July 1, 2014.) It is unlawful for any person
to sell, ship, or transport any horticultural plant or Christmas
tree in this state unless it meets standards established in rule
for freedom from infestation by plant pests and the other
requirements of this chapter. [2007 c 335 § 11; 2000 c 144 §
17; 1993 c 120 § 9; 1971 ex.s. c 33 § 15.]
15.13.390
Expiration date—2007 c 335: See note following RCW 15.13.250.
15.13.390 Unlawful selling, shipment, or transport of
plants within state, when. (Effective July 1, 2014.) It is
unlawful for any person to sell, ship, or transport any horticultural plant in this state unless it meets standards established in rule for freedom from infestation by plant pests and
the other requirements of this chapter. [2000 c 144 § 17;
1993 c 120 § 9; 1971 ex.s. c 33 § 15.]
15.13.390
15.13.400 Unlawful shipment or delivery of horticultural plants into state, when—Certificate and inspection
requirements—Christmas trees—Rules—Hearing.
(Expires July 1, 2014.) (1) It is unlawful for any person to
ship or deliver any horticultural plant into this state unless it
is accompanied by an inspection certificate from the state or
country of origin stating that the horticultural plant meets the
requirements of this chapter. The director may require the
shipper or receiver to file a copy of the manifest of nursery
cargo or shipment of horticultural plants into this state with
the director on or before the date the horticultural plants enter
into the state.
(2) The director may by rule require that any or all horticultural plants or Christmas trees delivered or shipped into
the state be inspected for conformance with the requirements
of this chapter prior to release by the person delivering or
transporting such horticultural plants or Christmas trees even
though accompanied by acceptable inspection certificates
issued by the state or country of origin.
(3) Any shipment found not to be in compliance with the
requirements of this chapter may be returned to the consignor
at the consignor’s expense. The consignor may subsequently
request a hearing which shall be held in conformance with
RCW 34.05.479 or other applicable provision of chapter
34.05 RCW. [2007 c 335 § 12; 2000 c 144 § 18; 1993 c 120
§ 10; 1971 ex.s. c 33 § 16.]
15.13.400
Expiration date—2007 c 335: See note following RCW 15.13.250.
15.13.420
director may require the shipper or receiver to file a copy of
the manifest of nursery cargo or shipment of horticultural
plants into this state with the director on or before the date the
horticultural plants enter into the state.
(2) The director may by rule require that any or all such
horticultural plants delivered or shipped into the state be
inspected for conformance with the requirements of this
chapter prior to release by the person delivering or transporting such horticultural plants even though accompanied by
acceptable inspection certificates issued by the state or country of origin.
(3) Any shipment found not to be in compliance with the
requirements of this chapter may be returned to the consignor
at the consignor’s expense. The consignor may subsequently
request a hearing which shall be held in conformance with
RCW 34.05.479 or other applicable provision of chapter
34.05 RCW. [2000 c 144 § 18; 1993 c 120 § 10; 1971 ex.s. c
33 § 16.]
15.13.410 Shipments into state to be marked or
tagged. Each shipment of horticultural plants transported or
shipped into the state and/or offered for retail sale within the
state shall be legibly marked or tagged in a conspicuous manner.
The director may, whenever the director finds that any
horticultural plant is not properly marked, order it off sale
until it is properly marked, or order that it be returned to the
consignor for proper marking. [2000 c 144 § 19; 1993 c 120
§ 11; 1990 c 261 § 10; 1971 ex.s. c 33 § 17.]
15.13.410
15.13.420 Unlawful acts enumerated. (Expires July
1, 2014.) It is unlawful for any person:
(1) To falsely claim to be an agent or representative of
any nursery dealer in horticultural plants or Christmas tree
grower;
(2) To sell or distribute horticultural plants by any
method which has the capacity and tendency or effect of
deceiving any purchaser or prospective purchaser as to the
quantity, size, grade, kind, species, age, method of propagation, maturity, condition, vigor, hardiness, number of times
transplanted, growth ability, growth characteristics, rate of
growth or time required before flowering or fruiting, price,
origin or place where grown, or in any other material respect;
(3) To alter an official certificate or other official inspection document for plant materials, including Christmas trees,
covered by this chapter or to falsely represent a document as
an official certificate;
(4) To substitute any horticultural plant, Christmas tree,
or agricultural commodity for a horticultural plant, Christmas
tree, or agricultural commodity covered by an inspection certificate. [2007 c 335 § 13; 2000 c 144 § 20; 1993 c 120 § 12;
1990 c 261 § 11; 1971 ex.s. c 33 § 18.]
15.13.420
Expiration date—2007 c 335: See note following RCW 15.13.250.
15.13.400 Unlawful shipment or delivery of plants
into state, when—Certificate and inspection requirements—Rules—Hearing. (Effective July 1, 2014.) (1) It is
unlawful for any person to ship or deliver any horticultural
plant into this state unless it is accompanied by an inspection
certificate from the state or country of origin stating that the
horticultural plant meets the requirements of this chapter. The
15.13.400
(2010 Ed.)
15.13.420 Unlawful acts enumerated. (Effective July
1, 2014.) It is unlawful for any person:
(1) To falsely claim to be an agent or representative of
any nursery dealer in horticultural plants;
(2) To sell or distribute horticultural plants by any
method which has the capacity and tendency or effect of
15.13.420
[Title 15 RCW—page 17]
15.13.425
Title 15 RCW: Agriculture and Marketing
deceiving any purchaser or prospective purchaser as to the
quantity, size, grade, kind, species, age, method of propagation, maturity, condition, vigor, hardiness, number of times
transplanted, growth ability, growth characteristics, rate of
growth or time required before flowering or fruiting, price,
origin or place where grown, or in any other material respect;
(3) To alter an official certificate or other official inspection document for plant materials covered by this chapter or
to falsely represent a document as an official certificate;
(4) To substitute any horticultural plant or agricultural
commodity for a horticultural plant or agricultural commodity covered by an inspection certificate. [2000 c 144 § 20;
1993 c 120 § 12; 1990 c 261 § 11; 1971 ex.s. c 33 § 18.]
15.13.425 False advertisements. No publisher, radio
and television broadcast licensee, advertising agency, or
agency or medium for the dissemination of an advertisement,
except the grower, packer, distributor, or seller of the article
to which the advertisement relates, shall be subject to the
penalties of RCW 15.13.490(2) by reason of dissemination of
any false advertisement, unless the person has refused on the
request of the director to furnish the name and address of the
grower, packer, distributor, seller, or advertising agency in
the state of Washington, who caused dissemination of the
false advertisement. [2000 c 144 § 21; 1993 c 120 § 13.]
15.13.425
15.13.430 Hold order on damaged, infested, or
infected horticultural plants or Christmas trees—Selling
or moving unlawful. (Expires July 1, 2014.) When the
director has cause to believe that any horticultural plants or
Christmas trees are damaged or are infested or infected by
any plant pest, the director may issue a hold order on such
horticultural plants or Christmas trees. A hold order may prescribe conditions under which the damaged, infested, or
infected material must be held to prevent spread of the infestation or infection. Treatment or other corrective measures
shall be the sole responsibility of the persons holding the
material for sale. It is unlawful to sell or move such plants
until released in writing by the director. [2007 c 335 § 14;
2000 c 144 § 22; 1993 c 120 § 14; 1971 ex.s. c 33 § 19.]
15.13.430
Expiration date—2007 c 335: See note following RCW 15.13.250.
ment is not practical, damaged, frozen, or abnormally potbound. The director shall condemn any Christmas trees
shipped or sold if they are found to be diseased, infected, or
infested to the extent that treatment is not practical. The
director shall order such horticultural plants or Christmas
trees to be destroyed or returned at shipper’s option. [2007 c
335 § 15; 2000 c 144 § 23; 1993 c 120 § 15; 1990 c 261 § 12;
1971 ex.s. c 33 § 20.]
Expiration date—2007 c 335: See note following RCW 15.13.250.
15.13.440
15.13.440 Order of condemnation—Grounds for
issuance. (Effective July 1, 2014.) The director shall condemn any horticultural plants shipped or sold when such horticultural plants are found to be dead, in a dying condition,
seriously broken, diseased or infested to the extent that treatment is not practical, damaged, frozen, or abnormally potbound. The director shall order such horticultural plants to be
destroyed or returned at shipper’s option. [2000 c 144 § 23;
1993 c 120 § 15; 1990 c 261 § 12; 1971 ex.s. c 33 § 20.]
15.13.445
15.13.445 Order or action of director—Hearing
opportunity. Upon issuance of an order or upon action by
the director under RCW 15.13.400, 15.13.410, 15.13.430, or
15.13.440, the consignor of the plant material may request a
hearing under chapter 34.05 RCW. [2000 c 144 § 24; 1993 c
120 § 16.]
15.13.447
15.13.447 Prohibition on recovery of damages. No
state court shall allow the recovery of damages from administrative action, hold order, or condemnation order if the
court finds there was probable cause for the action. [2000 c
144 § 25.]
15.13.450
15.13.450 Injunction to prevent violations. The director may bring an action to enjoin the violation of any provision of this chapter or any rule adopted under this chapter in
the superior court in Thurston county or the county in which
the violation occurs, notwithstanding the existence of other
remedies at law. [2000 c 144 § 26; 1971 ex.s. c 33 § 21.]
15.13.455
15.13.430 Hold order on damaged, infested, or
infected plants—Selling or moving unlawful. (Effective
July 1, 2014.) When the director has cause to believe that
any horticultural plants are damaged or are infested or
infected by any plant pest, the director may issue a hold order
on such horticultural plants. A hold order may prescribe conditions under which plants must be held to prevent spread of
the infestation or infection. Treatment or other corrective
measures shall be the sole responsibility of the persons holding the plant material for sale. It is unlawful to sell or move
such plants until released in writing by the director. [2000 c
144 § 22; 1993 c 120 § 14; 1971 ex.s. c 33 § 19.]
15.13.430
15.13.440 Order of condemnation—Grounds for
issuance. (Expires July 1, 2014.) The director shall condemn any horticultural plants shipped or sold when such horticultural plants are found to be dead, in a dying condition,
seriously broken, diseased or infested to the extent that treat15.13.440
[Title 15 RCW—page 18]
15.13.455 Injunction to restrain operation as nursery
dealer or Christmas tree grower without valid license—
Costs, attorneys’ fees, and expenses. (Expires July 1,
2014.) (1) The director may apply to the superior court of
Thurston county for a prompt hearing on, and the court shall
have jurisdiction upon, and for cause shown the court shall,
without proof that an adequate remedy at law does not exist,
grant an injunction restraining any person from operating as a
nursery dealer or Christmas tree grower without a valid
license.
(2) An order restraining any person from operating as a
nursery dealer or Christmas tree grower without a valid
license shall contain such provision for the payment of pertinent court costs and reasonable attorneys’ fees and administrative expenses as is equitable and the court deems appropriate in the circumstances. [2007 c 335 § 16; 2000 c 144 § 27;
1983 1st ex.s. c 73 § 7.]
Expiration date—2007 c 335: See note following RCW 15.13.250.
(2010 Ed.)
Horticultural Plants, Christmas Trees, and Facilities—Inspection and Licensing
15.13.455 Injunction to restrain operation as nursery
dealer without valid license—Costs, attorneys’ fees, and
expenses. (Effective July 1, 2014.) (1) The director may
apply to the superior court of Thurston county for a prompt
hearing on, and the court shall have jurisdiction upon, and for
cause shown the court shall, without proof that an adequate
remedy at law does not exist, grant an injunction restraining
any person from operating as a nursery dealer without a valid
license.
(2) An order restraining any person from operating as a
nursery dealer without a valid license shall contain such provision for the payment of pertinent court costs and reasonable
attorneys’ fees and administrative expenses as is equitable
and the court deems appropriate in the circumstances. [2000
c 144 § 27; 1983 1st ex.s. c 73 § 7.]
15.13.455
15.13.470
15.13.470 Disposition of moneys collected under
chapter—Expenditure. (Expires July 1, 2014.) (1) Except
as provided in RCW 15.13.285 and in subsections (2), (3),
and (4) of this section, all moneys collected under this chapter shall be paid to the director, deposited in an account
within the agricultural local fund, and used solely for carrying out this chapter. No appropriation is required for the disbursement of moneys from the account by the director.
(2) All fees collected under RCW 15.13.310 shall be
deposited in the planting stock certification account within
the agricultural local fund to be used only for the Washington
grapevine and fruit tree certification and nursery improvement programs as set forth in this chapter and chapter 15.14
RCW.
(3) All fees collected under RCW 15.13.311 shall be
deposited in the Christmas tree account within the agricultural local fund to be used only for the Washington Christmas
tree program as established under this chapter, which may
include market surveys and research related to Christmas
trees.
(4) All moneys collected for civil penalties under this
chapter shall be deposited in the nursery research account
within the agricultural local fund. [2007 c 335 § 17; 2002 c
215 § 4; 2000 c 144 § 28; 1999 c 144 § 16; 1993 c 120 § 17;
1990 c 261 § 13; 1987 c 35 § 3; 1985 c 36 § 5; 1975 1st ex.s.
c 257 § 1; 1971 ex.s. c 33 § 25.]
Expiration date—2007 c 335: See note following RCW 15.13.250.
Additional notes found at www.leg.wa.gov
15.13.470
15.13.470 Disposition of moneys collected under
chapter—Expenditure. (Effective July 1, 2014.) (1)
Except as provided in RCW 15.13.285 and in subsections (2)
and (3) of this section, all moneys collected under this chapter shall be paid to the director, deposited in an account
within the agricultural local fund, and used solely for carrying out this chapter. No appropriation is required for the disbursement of moneys from the account by the director.
(2) All fees collected under RCW 15.13.310 shall be
deposited in the planting stock certification account within
the agricultural local fund to be used only for the Washington
grapevine and fruit tree certification and nursery improvement programs as set forth in this chapter and chapter 15.14
RCW.
(2010 Ed.)
15.13.500
(3) All moneys collected for civil penalties under this
chapter shall be deposited in the nursery research account
within the agricultural local fund. [2002 c 215 § 4; 2000 c
144 § 28; 1999 c 144 § 16; 1993 c 120 § 17; 1990 c 261 § 13;
1987 c 35 § 3; 1985 c 36 § 5; 1975 1st ex.s. c 257 § 1; 1971
ex.s. c 33 § 25.]
Additional notes found at www.leg.wa.gov
15.13.477 Compliance agreements. The director may
enter into compliance agreements with any person for the
purpose of carrying out the provisions of this chapter. [2000
c 144 § 29.]
15.13.477
15.13.480 Cooperative contracts or agreements to
further chapter—Agreements to facilitate export. The
director may cooperate with and enter into contracts or agreements with governmental agencies of this state and other
states, agencies of the federal government, and any other
organization in order to carry out the purpose and provisions
of this chapter.
The director may enter into agreements with the United
States department of agriculture for the purpose of issuing
phytosanitary certificates and other inspection documents,
according to federal procedures, to facilitate the export of
products from the state. [2000 c 144 § 30; 1993 c 120 § 18;
1971 ex.s. c 33 § 26.]
15.13.480
15.13.490 Compliance with chapter—Violation—
Penalties. (Expires July 1, 2014.) Any person who fails to
comply with this chapter may be subject to:
(1) Denial, revocation, or suspension of the person’s
nursery dealer license or Christmas tree grower license;
and/or
(2) A civil penalty in an amount of not more than one
thousand dollars for each violation. Each violation shall be a
separate and distinct offense. Every person who, through an
act of commission or omission, procures, aids, or abets in the
violation shall be considered to have violated this section and
may be subject to the civil penalty provided in this section.
[2007 c 335 § 18; 2000 c 144 § 31; 1990 c 261 § 14; 1985 c
36 § 6; 1971 ex.s. c 33 § 27.]
15.13.490
Expiration date—2007 c 335: See note following RCW 15.13.250.
15.13.490 Compliance with chapter—Violation—
Penalties. (Effective July 1, 2014.) Any person who fails to
comply with this chapter may be subject to:
(1) Denial, revocation, or suspension of the person’s
nursery dealer license; and/or
(2) A civil penalty in an amount of not more than one
thousand dollars for each violation. Each violation shall be a
separate and distinct offense. Every person who, through an
act of commission or omission, procures, aids, or abets in the
violation shall be considered to have violated this section and
may be subject to the civil penalty provided in this section.
[2000 c 144 § 31; 1990 c 261 § 14; 1985 c 36 § 6; 1971 ex.s.
c 33 § 27.]
15.13.490
15.13.500 Suspension of license—Reissuance.
(Expires July 1, 2014.) The department shall immediately
suspend any license issued under this chapter if the holder of
15.13.500
[Title 15 RCW—page 19]
15.13.920
Title 15 RCW: Agriculture and Marketing
the license has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person
who is not in compliance with a support order. If the person
has continued to meet all other requirements for licensure
during the suspension, reissuance of the license shall be automatic upon the department’s receipt of a release issued by the
department of social and health services stating that the person is in compliance with the order. [2007 c 335 § 7.]
Expiration date—2007 c 335: See note following RCW 15.13.250.
15.13.920 Chapter cumulative and nonexclusive. The
provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy. [1971 ex.s. c 33 §
22.]
15.13.920
15.13.940 Severability—1971 ex.s. c 33. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1971 ex.s. c 33 § 28.]
15.13.940
Chapter 15.14
Chapter 15.14 RCW
PLANTING STOCK
Sections
15.14.010
15.14.015
15.14.025
15.14.035
15.14.045
15.14.050
15.14.065
15.14.075
15.14.085
15.14.095
15.14.105
15.14.115
15.14.125
15.14.135
15.14.145
15.14.900
15.14.920
Definitions.
Rules—Scope.
Certificates—Samples for inspection and testing—Publish
information—Notify purchasers of results.
Inspection of property, premises, or records—Denial of
access—Search warrant.
Compliance agreements authorized—Suspension or cancellation—Hearing.
Registered, foundation, and breeder planting stock—Availability to producers and commercial growers—Restrictions
on use—Fees.
Acceptance as certified, registered, foundation, or breeder
planting stock.
Agreements with Washington State University, governmental
entities, and other organizations.
Acquisition of property—Use of property.
Failure to meet certification requirements—Director’s
options—Notice—Hearing.
Unlawful acts.
Injunctions.
Late charge on fee or assessment.
Noncompliance by growers—Director may withhold services.
Deposit of funds in planting stock certification account—Use.
Chapter cumulative and nonexclusive.
Severability—1961 c 83.
15.14.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Department" means the department of agriculture of
the state of Washington.
(2) "Director" means the director of the department or
the director’s designee.
(3) "Person" means an individual, firm, partnership, corporation, company, association, or public entity and every
officer, agent, or employee of these entities.
(4) "Plant pests" means, but is not limited to, any living
stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or weeds or reproductive parts thereof, viruses or
any organisms similar to or allied with any of the foregoing,
or any infectious substance, which can directly or indirectly
15.14.010
[Title 15 RCW—page 20]
injure or cause disease or damage to any plant or parts
thereof, or any processed, manufactured, or other products of
plants.
(5) "Micropropagated plants" means plants propagated
using aseptic laboratory techniques and an artificial culture
medium.
(6) "Tolerance" means the maximum acceptable percentage of planting stock that is diseased, infected by plant pests,
defective, or off-type based on visual inspection or laboratory
testing by the director or other authorized person.
(7) "Planting stock" includes any plant material used in
the propagation of horticultural, floricultural, viticultural, or
olericultural plants for the purpose of being sold, offered for
sale, or distributed for planting or reproduction purposes.
(8) "Breeder planting stock" means plant propagating
materials directly controlled by the originating or sponsoring
plant breeder or institution, which provides the source of
foundation planting stock.
(9) "Foundation planting stock" means planting stock
that has been so handled as to maintain genetic characteristics
and that has been:
(a) Increased directly from breeder planting stock; or
(b) Designated as foundation planting stock by the director.
(10) "Registered planting stock" means planting stock of
a quality suitable for the production of certified planting
stock that has been so handled as to maintain genetic characteristics and that is:
(a) Increased directly from foundation or registered
planting stock; or
(b) Designated as registered planting stock by the director.
(11) "Certified planting stock" means the progeny of
foundation, registered, or certified planting stock that has
been so handled as to maintain genetic characteristics, that
has met certification standards authorized by this chapter, and
that has been certified by the director. [1999 c 144 § 1; 1989
c 354 § 84; 1983 c 3 § 19; 1961 c 83 § 1.]
Additional notes found at www.leg.wa.gov
15.14.015 Rules—Scope. The director may adopt rules
necessary to carry out the purpose and provisions of this
chapter concerning, but not limited to:
(1) Certification of planting stock as to freedom from
infection by plant pests, variety, classification, and grade.
(2) Establishment of tolerances for planting stock that is
diseased, infected with plant pests, defective, or off-type.
(3) Establishment of standards and grades for planting
stock.
(4) Labeling, identification, grading, and packing of
foundation, registered, and certified planting stock.
(5) Inspection and testing of foundation, registered, and
certified planting stock prior to planting during the growing
season or seasons, prior to and during harvest, and subsequent to harvest.
(6) Exclusion and removal of diseased, infected with
plant pests, defective, or off-type plants from foundation, registered, and certified planting stock.
(7) Establishing processes, site requirements, and criteria
for participation in programs authorized by this chapter.
15.14.015
(2010 Ed.)
Planting Stock
(8) Cultivation and sanitation practices in growing, storing, distributing, and processing foundation, registered, and
certified planting stock.
(9) Establishing recordkeeping requirements.
(10) Production, utilization, and testing of micropropagated plants for foundation, registered, and certified planting
stock.
(11) Establishment of fees and assessments for inspection, testing, and certification of planting stock and other services authorized by this chapter. [1999 c 144 § 2; 1961 c 83
§ 3. Formerly RCW 15.14.030.]
15.14.025 Certificates—Samples for inspection and
testing—Publish information—Notify purchasers of
results. The director may:
(1) Issue certificates stating that planting stock found by
the director or other authorized person to be in compliance
with rules adopted under this chapter is foundation, registered, or certified planting stock.
(2) Take samples in reasonable amounts as necessary of
planting stock to inspect and test for genetic characteristics
and/or freedom from infection by plant pests.
(3) Publish names of growers participating in certification programs and inspection results.
(4) Require growers participating in certification programs to notify purchasers of planting stock when postharvest inspections or tests show the planting stock represented
as foundation, registered, or certified has failed to meet minimum standards for certification. [1999 c 144 § 3; 1961 c 83
§ 7. Formerly RCW 15.14.070.]
15.14.025
15.14.035 Inspection of property, premises, or
records—Denial of access—Search warrant. In order to
carry out the purposes of this chapter, the director may enter
at reasonable times as determined by the director and inspect
any property or premises and any records required under this
chapter. If the director is denied access to any property, premises, or records, the director may suspend, cancel, or refuse
certification or other approval of the planting stock or may
apply to a court of competent jurisdiction for a search warrant
authorizing access to the property, premises, or records. The
court may upon the application issue a search warrant for the
purpose requested. [1999 c 144 § 4.]
15.14.035
15.14.125
propagate, and distribute registered, foundation, and breeder
planting stock to producers and commercial growers. The
director may charge fees for the planting stock and may place
restrictions on its use and propagation by producers and commercial growers. [1999 c 144 § 6; 1961 c 83 § 5.]
15.14.065 Acceptance as certified, registered, foundation, or breeder planting stock. The director may accept
as certified, registered, foundation, or breeder planting stock
any planting stock grown or produced by Washington State
University, the United States department of agriculture or
other propagators whose plant materials are produced in conformance with the requirements of this chapter and rules
adopted under this chapter. [1999 c 144 § 7; 1961 c 83 § 11.
Formerly RCW 15.14.110.]
15.14.065
15.14.075 Agreements with Washington State University, governmental entities, and other organizations.
The director may cooperate with and enter into agreements
with Washington State University, the United States department of agriculture, other state and federal agencies, and any
other organization in order to carry out the purposes and provisions of this chapter. [1999 c 144 § 8; 1961 c 83 § 12. Formerly RCW 15.14.120.]
15.14.075
15.14.085 Acquisition of property—Use of property.
The director may acquire by gift, grant, or endowment from
public or private sources, as may be made in trust or otherwise, for the use and benefit of the purposes of this chapter,
real property and any other type property, and expend the
same or any income therefrom according to the terms of the
gift, grant, or endowment. [1999 c 144 § 9; 1961 c 83 § 4.
Formerly RCW 15.14.040.]
15.14.085
15.14.095 Failure to meet certification requirements—Director’s options—Notice—Hearing. The director may suspend, cancel, or refuse certification or other
approval of any planting stock that fails to meet the certification requirements authorized in this chapter. Upon notice by
the director to suspend, cancel, or refuse certification or other
approval of any planting stock, a person may request a hearing under chapter 34.05 RCW. [1999 c 144 § 10.]
15.14.095
15.14.105 Unlawful acts. It is unlawful for any person
to sell, offer for sale, hold for sale, label, identify, represent,
or to advertise any planting stock as being certified, registered, foundation, or breeder planting stock unless it complies
with the requirements of this chapter and rules adopted under
this chapter. [1999 c 144 § 11; 1961 c 83 § 14. Formerly
RCW 15.14.140.]
15.14.105
15.14.045 Compliance agreements authorized—Suspension or cancellation—Hearing. The director may enter
into compliance agreements with any grower of foundation,
registered, or certified planting stock for the purpose of carrying out the provisions of this chapter. The director may suspend or cancel any compliance agreement for cause. Upon
notice by the director to suspend or cancel a compliance
agreement, a person may request a hearing under chapter
34.05 RCW. [1999 c 144 § 5.]
15.14.045
15.14.050 Registered, foundation, and breeder planting stock—Availability to producers and commercial
growers—Restrictions on use—Fees. For purposes of
maintaining and/or improving the genetic characteristics and
freedom from infection by plant pests of any registered, foundation, and breeder planting stock, the director may acquire,
15.14.050
(2010 Ed.)
15.14.115 Injunctions. The director may bring an
action to enjoin the violation or threatened violation of any
provision of this chapter or any rule adopted pursuant to this
chapter in the superior court of Thurston county, notwithstanding the existence of other remedies at law. [1961 c 83 §
15. Formerly RCW 15.14.150.]
15.14.115
15.14.125 Late charge on fee or assessment. A late
charge of one and one-half percent per month shall be
15.14.125
[Title 15 RCW—page 21]
15.14.135
Title 15 RCW: Agriculture and Marketing
assessed on the unpaid balance against persons more than
thirty days in arrears for any fee or assessment authorized by
this chapter. [1999 c 144 § 12.]
15.14.135 Noncompliance by growers—Director
may withhold services. The director may withhold services
to growers of planting stock for refusal to comply with the
provisions of this chapter or its rules, for nonpayment of fees
and assessment moneys owed to the department by law, or
for nonpayment of any assessment moneys due to an agricultural commodity commission. [1999 c 144 § 13.]
15.14.135
15.14.145 Deposit of funds in planting stock certification account—Use. All the moneys collected under the provisions of this chapter shall be paid to the director and deposited in the planting stock certification account within the agricultural local fund and shall be used only to carry out the
purposes and provisions of this chapter. [1999 c 144 § 14;
1961 c 83 § 13. Formerly RCW 15.14.130.]
15.14.145
15.14.900 Chapter cumulative and nonexclusive. The
provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy. [1961 c 83 § 16.]
15.14.900
15.14.920 Severability—1961 c 83. If any provisions
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1961 c 83 § 18.]
growers of certified seed potatoes who have produced at least
fifty percent of the certified seed potatoes within the proposed restricted seed potato production area in each of the
two preceding years.
Upon receipt of a petition submitted in accordance with
this section, the director of the department of agriculture
shall, within sixty days of receipt of the petition, investigate
the need of establishing a restricted seed potato production
area. The director may propose rules and hold public hearings
in the area affected by the proposed rules. The director has
the authority to adopt rules in accordance with chapter 34.05
RCW to establish restricted seed potato production areas to
prevent the increased exposure to plant diseases and insect
pests that adversely affect the ability to meet standards for
certification of seed potatoes established under chapter 15.14
RCW. [1997 c 176 § 2.]
15.15.020 Violation or threatened violation of chapter—Action to enjoin. The director of the department of
agriculture may bring an action to enjoin the violation or
threatened violation of any provision of this chapter or any
rule made pursuant to this chapter in a court of competent
jurisdiction of the county in which such violation occurs or is
about to occur. [1997 c 176 § 3.]
15.15.020
15.14.920
Chapter 15.15
Chapter 15.15 RCW
CERTIFIED SEED POTATOES
15.15.900 Effective date—1997 c 176. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[April 23, 1997]. [1997 c 176 § 5.]
15.15.900
Chapter 15.17
Sections
15.15.005
15.15.010
15.15.020
15.15.900
Legislative findings.
Restricted seed potato production area—Growers’ petition—
Department of agriculture—Director—Rules.
Violation or threatened violation of chapter—Action to enjoin.
Effective date—1997 c 176.
15.15.005 Legislative findings. The legislature finds
that the production of high quality certified seed potatoes
within the state requires conditions that are as free as possible
from insect pests and plant diseases and that ensuring these
conditions exist is in the public interest. The legislature further finds that the production of other potatoes intermixed
with or in close proximity to a concentrated seed potato production area poses an increased risk of introduction of plant
diseases and insect pests. [1997 c 176 § 1.]
15.15.005
Chapter 15.17 RCW
STANDARDS OF GRADES AND PACKS
Sections
15.17.010
15.17.020
15.17.030
15.17.050
15.17.060
15.17.080
15.17.090
15.17.140
15.17.143
15.17.150
15.17.170
15.17.190
15.17.200
15.17.210
15.15.010 Restricted seed potato production area—
Growers’ petition—Department of agriculture—Director—Rules. Growers of seed potatoes, certified in accordance with rules adopted under chapter 15.14 RCW, may
submit a petition to the director of the department of agriculture requesting that the director establish a restricted seed
potato production area. The petition shall include the proposed geographic boundaries of the restricted seed potato
production area, and the types of restrictions that are proposed to apply to the growing of nonseed potatoes. The petition shall contain the signatures of at least fifty percent of the
15.15.010
[Title 15 RCW—page 22]
15.17.213
15.17.230
15.17.240
15.17.247
15.17.260
15.17.270
15.17.290
15.17.900
15.17.940
Purpose.
Definitions.
Enforcement—Director’s duties—Rules.
Rules—Authority of director.
Adoption of standards.
Fresh fruits—Culls—Basket markings—Designation on bills
of lading, invoices, etc.
Private grades or brands—Approval and registration.
Inspections and certifications—Request for—Fees.
Certificates of compliance—Petition by shipper—Rules.
Inspections and certifications—Fees adopted by rule—Failure
to pay.
Inspection certificate or other official document as evidence.
Inspections—Right of access—Samples—Denial of access—
Search warrants.
Noncomplying fruits or vegetables—Enforcement procedure—Notice—Hearing.
Fruits or vegetables—Unlawful practices when selling, offering for sale, or shipping—Containers—Director’s powers—
Rules.
Exemption of certain fruits or vegetables from chapter.
Fruit and vegetable inspection districts.
Fruit and vegetable inspection account—District subaccounts—Fees—Rules.
District two—Transfer of funds—Control of Rhagoletis
pomonella.
Injunctions.
Cooperation with governmental agencies.
Violation of chapter or rules—Suspension—Civil penalty.
Provisions cumulative and nonexclusive.
Severability—1963 c 122.
Grain and other commodities, standard grades: Chapter 22.09 RCW.
(2010 Ed.)
Standards of Grades and Packs
Weights and measures, standards, packages, boxes, etc.: Chapter 19.94
RCW.
15.17.010 Purpose. The purpose of this chapter is to
provide for the fair and orderly marketing of fruits and vegetables in the state of Washington by establishing uniform
grades and standards and by providing for the inspection of
these products. This chapter is vital to protecting the national
and international reputation of fruit and vegetable products
grown and shipped from this state and protecting consumers
from the sale of inferior and misrepresented fruits and vegetables. This chapter is enacted in the exercise of the police
power of this state for the purpose of protecting the immediate and future health, safety, and general welfare of the citizens of this state. [1998 c 154 § 1; 1963 c 122 § 1.]
15.17.010
15.17.020 Definitions. For the purpose of this chapter:
(1) "Agent" means broker, commission merchant, solicitor, seller, or consignor, and any other person acting upon the
actual or implied authority of another.
(2) "Certification" means, but is not limited to, the issuance by the director of an inspection certificate or other official document stating the grade, classification, and/or condition of any fruits or vegetables, and/or if the fruits or vegetables are free of plant pests and/or other defects.
(3) "Combination grade" means two or more grades
packed together as one, except cull grades, with a minimum
percent of the product of the higher grade, as established by
rule.
(4) "Compliance agreement" means an agreement
entered into between the department and a shipper or packer,
that authorizes the shipper or packer to issue certificates of
compliance for fruits and vegetables.
(5) "Container" means any container or subcontainer
used to prepackage any fruits or vegetables. This does not
include a container used by a retailer to package fruits or vegetables sold from a bulk display to a consumer.
(6) "Deceptive arrangement or display" means any bulk
lot or load, arrangement, or display of fruits or vegetables
which has in the exposed surface, fruits or vegetables which
are so superior in quality, size, condition, or any other respect
to those which are concealed, or the unexposed portion, as to
materially misrepresent any part of the bulk lot or load,
arrangement, or display.
(7) "Deceptive pack" means the pack of any container
which has in the outer layer or any exposed surface fruits or
vegetables which are in quality, size, condition, or any other
respect so superior to those in the interior of the container in
the unexposed portion as to materially misrepresent the contents. Such pack is deceptive when the outer or exposed surface is composed of fruits or vegetables whose size is not an
accurate representation of the variation of the size of the
fruits or vegetables in the entire container, even though the
fruits or vegetables in the container are virtually uniform in
size or comply with the specific standards adopted under this
chapter.
(8) "Department" means the department of agriculture of
the state of Washington.
(9) "Director" means the director of the department or
his or her duly authorized representative.
15.17.020
(2010 Ed.)
15.17.050
(10) "District manager" means a person representing the
director in charge of overall operation of a fruit and vegetable
inspection district established under RCW 15.17.230.
(11) "Facility" means, but is not limited to, the premises
where fruits and vegetables are grown, stored, handled, or
delivered for sale or transportation, and all vehicles and
equipment, whether aerial or surface, used to transport fruits
and vegetables.
(12) "Fruits and vegetables" means any unprocessed
fruits or vegetables.
(13) "Handler" means any person engaged in the business of handling, selling, processing, storing, shipping, or
distributing fruits or vegetables that he or she has purchased
or acquired from a producer.
(14) "Inspection" means, but is not limited to, the inspection by the director of any fruits or vegetables at any time
prior to, during, or subsequent to harvest.
(15) "Mislabel" means the placing or presence of any
false or misleading statement, design, or device upon any
wrapper, container, container label or lining, or any placard
used in connection with and having reference to fruits or vegetables.
(16) "Person" means any individual, firm, partnership,
corporation, company, society, or association, and every
officer, agent, or employee thereof.
(17) "Plant pests" means, but is not limited to, any living
stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, viruses, or
any organisms similar to or allied with any of the foregoing,
or any infectious substance, which can directly or indirectly
injure or cause disease or damage in any plant or parts
thereof, or any processed, manufactured, or other products of
plants.
(18) "Sell" means to sell, offer for sale, hold for sale, or
ship or transport in bulk or in containers.
(19) "Standards" means grades, classifications, and other
inspection criteria for fruits and vegetables. [1998 c 154 § 2;
1996 c 188 § 1; 1963 c 122 § 2.]
15.17.030 Enforcement—Director’s duties—Rules.
(1) The director shall enforce and carry out the provisions of
this chapter and may adopt the necessary rules to carry out its
purpose.
(2) The director shall, whenever he or she considers the
adoption of rules or amendments to existing rules, consult
with growers, associations of growers or other industry associations, or other persons affected by such rules or amendments. [1998 c 154 § 3; 1963 c 122 § 3.]
15.17.030
15.17.050 Rules—Authority of director. (1) The
director shall adopt rules providing standards for apples, apricots, Italian prunes, peaches, sweet cherries, pears, potatoes,
and asparagus and may adopt rules providing standards for
any other fruit or vegetable. When establishing these standards, the director shall consider the factors of maturity,
soundness, color, shape, size, and freedom from mechanical
and plant pest injury and other factors important to marketing.
(2) The director shall adopt rules providing for mandatory inspection of apples, apricots, Italian prunes, peaches,
15.17.050
[Title 15 RCW—page 23]
15.17.060
Title 15 RCW: Agriculture and Marketing
sweet cherries, pears, and asparagus and may adopt rules providing for mandatory inspection of any other fruit or vegetable.
(3) The director may adopt rules:
(a) Fixing the sizes and dimensions of containers to be
used for the packing or handling of any fruits or vegetables;
and
(b) Establishing combination grades for fruits and vegetables. The standards for combination grades shall, by percentage quantities, include two or more of the grades provided for under this chapter. [1998 c 154 § 4; (2004 c 211 §
1 expired December 31, 2009); 1963 c 122 § 5.]
Expiration date—2004 c 211 § 1: "Section 1 of this act expires
December 31, 2009." [2007 c 237 § 1; 2005 c 234 § 1; 2004 c 211 § 2.]
Effective date—2004 c 211: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 29, 2004]." [2004 c 211 § 3.]
15.17.060 Adoption of standards. The director may
adopt any United States or other state’s standard for any fruits
and vegetables, if that standard is determined by the director
to be substantially equivalent to or better than the standard
adopted under this chapter. [1998 c 154 § 5; 1963 c 122 § 6.]
15.17.060
15.17.080 Fresh fruits—Culls—Basket markings—
Designation on bills of lading, invoices, etc. It is unlawful
for any person to sell for fresh consumption any fresh fruits
classified as culls under the provisions of this chapter or rules
adopted hereunder unless such fruit is packed in one-half
bushel or one bushel wooden baskets ring faced, with the
fruit in the ring face representative of the size and quality of
the fruit in such baskets. The baskets shall be lidded and the
words "cull" including the kind of fruit and variety must
appear on the top and side of each basket and on any label in
clear and legible letters at least two and one-half inches high.
Every bill of lading, invoice, memorandum, and document
referring to the fruit shall designate them as culls. [1998 c
154 § 6; 1963 c 122 § 8.]
15.17.080
15.17.090 Private grades or brands—Approval and
registration. The director may approve and register a private
grade or brand for any fruit or vegetable. The private grade or
brand shall not be lower than the second grade and/or classification established under the provisions of this chapter or
rules adopted under this chapter for the fruit or vegetable.
[1998 c 154 § 7; 1963 c 122 § 9.]
15.17.090
15.17.140 Inspections and certifications—Request
for—Fees. (1) Any person financially interested in any fruits
or vegetables in this state may request inspection and/or certification services provided for those fruits or vegetables
under this chapter.
(2) To facilitate the movement or sale of fruits and vegetables or other agricultural commodities, the director may
provide, if requested by growers or other interested persons,
special inspections or certifications not otherwise authorized
under this chapter and shall prescribe a fee for that service.
(3) Persons requesting services shall be responsible for
payment of fees for those services prescribed by the director
under RCW 15.17.150. [1998 c 154 § 9; 1963 c 122 § 14.]
15.17.140
[Title 15 RCW—page 24]
15.17.143 Certificates of compliance—Petition by
shipper—Rules. Any shipper or packer of apples, apricots,
cherries, pears, peaches, Italian prunes, potatoes, or asparagus may petition the director for authority to issue certificates
of compliance for each season. The director may issue certificate of compliance agreements, granting this authority, on
terms and conditions defined by rule. Certificates of compliance shall only be issued for fruits or vegetables that are in
full compliance with this chapter and the rules adopted under
this chapter. [1998 c 154 § 20.]
15.17.143
15.17.150 Inspections and certifications—Fees
adopted by rule—Failure to pay. The director shall adopt
rules establishing the necessary fees to recover the costs of
providing inspection and/or certification or other requested
services.
(1) The fees are due and payable upon billing.
(2) A late fee of one and one-half percent per month on
the unpaid balance shall be assessed against persons more
than thirty days in arrears.
(3) In addition to other penalties, the director may refuse
to perform any inspection or certification service provided
under this chapter for any person in arrears unless the person
makes payment in full prior to such inspection or certification
service.
(4) The director may refuse to perform inspection or certification service for any person who has failed to pay assessments required by law to any agricultural commodity commission. [1998 c 154 § 10; 1963 c 122 § 15.]
15.17.150
15.17.170 Inspection certificate or other official document as evidence. Every inspection certificate or other
official document issued by the director under the provisions
of this chapter shall be received in all the courts of the state as
prima facie evidence of the statements therein. [1998 c 154 §
11; 1963 c 122 § 17.]
15.17.170
15.17.190 Inspections—Right of access—Samples—
Denial of access—Search warrants. The director may enter
during business hours and inspect any facility where any
fruits or vegetables are processed, stored, packed, delivered
for shipment, loaded, shipped, being transported, or sold, and
may inspect all fruits or vegetables and the containers and the
equipment in that facility. The director may take for inspection representative samples of fruits or vegetables and containers as may be necessary to determine whether or not this
chapter or rules adopted under this chapter have been violated. If the director is denied access to any facility, the director may apply to a court of competent jurisdiction for a search
warrant authorizing access to the facility. The court may
upon such application issue a search warrant for the purpose
requested. [1998 c 154 § 12; 1963 c 122 § 19.]
15.17.190
15.17.200 Noncomplying fruits or vegetables—
Enforcement procedure—Notice—Hearing. (1) For the
purposes of this section, "lot" means any lot or any part of a
lot.
(2) When the director determines that any lot of fruits or
vegetables fails to comply with the requirements of this chapter, the director may issue a hold order prohibiting the sale or
15.17.200
(2010 Ed.)
Standards of Grades and Packs
movement of that lot except under conditions that may be
prescribed.
(3)(a) Written notice of the hold order must be provided
to the person in possession of the lot of fruits or vegetables
and a tag may be affixed to the lot or its containers. It is
unlawful for any person except the director to alter, deface, or
remove the tag or notice or to move or allow the lot of fruits
or vegetables to be moved except under the conditions prescribed on the tag or notice.
(b) The notice shall include:
(i) A description of the lot that is in noncompliance;
(ii) The location of the lot;
(iii) The reason that the hold order is placed on the lot;
(iv) Any reconditioning, other corrective measures, or
diversion to processing that may be required to release the lot
for sale;
(v) Time frames to affect the reconditioning or other corrective measures; and
(vi) A reference to the violation of this chapter that provides the basis for the hold order.
(c) Any corrective measures required by the notice pursuant to (b)(iv) of this subsection and the costs associated
therewith are the sole responsibility of the person holding the
fruits or vegetables for sale.
(4) Upon issuance of a hold order by the director under
this section, the seller or holder of the fruits or vegetables
may request a hearing. The request for hearing must be in
writing and filed with the director. Any hearing shall be held
in conformance with RCW 34.05.422 and 34.05.479. [1998
c 154 § 13; 1987 c 202 § 172; 1963 c 122 § 20.]
Intent—1987 c 202: See note following RCW 2.04.190.
15.17.210 Fruits or vegetables—Unlawful practices
when selling, offering for sale, or shipping—Containers—
Director’s powers—Rules. It is unlawful:
(1) To sell any fruits or vegetables:
(a) As meeting the standards for any fruit or vegetable as
prescribed by the director unless they in fact do so;
(b) For which no standards have been established under
this chapter unless ninety percent or more by weight or count,
as determined by the director, are free from plant pest injury
that has penetrated or damaged the edible portions and from
worms, mold, slime, or decay;
(c) In containers other than the size and dimensions prescribed by the director by rule;
(d) Unless the containers in which the fruits or vegetables are placed or packed are marked with the proper grade
and additional information as may be prescribed by rule. The
additional information may include:
(i) The name and address of the grower, or packer, or distributor;
(ii) The varieties of the fruits or vegetables;
(iii) The size, weight, and either volume or count, or
both, of the fruits or vegetables;
(e) Which are in containers marked or advertised for sale
or sold as being either graded or classified, or both, according
to the standards prescribed by the director by rule unless the
fruits or vegetables conform with the standards;
(f) Which are deceptively packed;
(g) Which are deceptively arranged or displayed;
15.17.210
(2010 Ed.)
15.17.230
(h) Which are mislabeled; or
(i) Which do not conform to this chapter or rules adopted
under this chapter;
(2) For any person to ship or transport or any carrier to
accept any lot of fruits or vegetables without an inspection
certificate, permit, or certificate of compliance when the
director has prescribed by rule that such products be accompanied by an inspection certificate, permit, or certificate of
compliance. The inspection certificate, permit, or certificate
of compliance shall be on a form prescribed by the director
and may include methods of denoting that all assessments
provided for by law have been paid before the fruits or vegetables may lawfully be delivered or accepted for shipment;
(3) For any person to refuse to submit any container,
load, or display of fruits or vegetables for inspection by the
director, or refuse to stop any vehicle or equipment containing such products for the purpose of inspection by the director;
(4) For any person to move any fruits or vegetables or
their containers to which any tag has been affixed, except as
provided in RCW 15.17.200; or
(5) After October 1st of any calendar year, for any person to sell containers of apples, containing apples harvested
in a prior calendar year, to any retailer or wholesaler for the
purpose of resale to the public for fresh consumption. [2002
c 316 § 1; 1998 c 154 § 14; 1994 c 67 § 2; 1963 c 122 § 21.]
15.17.213 Exemption of certain fruits or vegetables
from chapter. (1) This chapter does not apply:
(a) To the movement in bulk of any fruits or vegetables
from the premises where they are grown or produced to a
packing shed, warehouse, or processing plant for the purpose
of storing, grading, packing, labeling, or processing prior to
entering commercial channels for wholesale or retail sale;
(b) To any processed, canned, frozen, or dehydrated
fruits or vegetables;
(c) To any infected or infested fruits or vegetables to be
manufactured into by-products or to be shipped to a by-products plant; or
(d) To the sale of up to five hundred pounds per day of
any fruit or vegetable by any producer or handler directly to
an individual ultimate consumer unless otherwise established
by rule for an individual commodity. These fruits and vegetables shall meet the requirements of RCW 15.17.210(1)(b).
(2) The inspection requirements of this chapter do not
apply to the sale or transportation within a zone of production, as defined by rule, of any fruit or vegetable named in
RCW 15.17.050(1) or any combination of those fruits and
vegetables to a fruit or produce stand or farmers market in a
quantity specified by the director by rule. [1998 c 154 § 8;
1963 c 122 § 13. Formerly RCW 15.17.130.]
15.17.213
15.17.230 Fruit and vegetable inspection districts.
For the purpose of this chapter the state shall be divided into
not less than two fruit and vegetable inspection districts. The
director, by rule, shall establish the boundaries of the districts
and may adjust the boundaries for purposes of efficiency and
economy. [2002 c 322 § 1; 1998 c 154 § 15; 1986 c 203 § 2;
1975 1st ex.s. c 7 § 1; 1969 ex.s. c 76 § 2; 1963 c 122 § 23.]
15.17.230
Effective date—2002 c 322: See note following RCW 15.17.240.
[Title 15 RCW—page 25]
15.17.240
Title 15 RCW: Agriculture and Marketing
Additional notes found at www.leg.wa.gov
15.17.240 Fruit and vegetable inspection account—
District subaccounts—Fees—Rules. (1) The fruit and vegetable inspection account is created in the custody of the state
treasurer. All fees collected under this chapter must be deposited into the account. The director may authorize expenditures from the account solely for the implementation and
enforcement of this chapter and any other expenditures
authorized by statute or session law and applying specifically
to the account. The account is subject to allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures.
The director shall establish and maintain an account
within the fruit and vegetable inspection account for each district established under RCW 15.17.230.
(2) By August 1, 2004, and by August 1st of each evennumbered year thereafter, the director shall review the balance of each of the district accounts in the fruit and vegetable
inspection account at the end of the previous fiscal year. If the
balance in the district account exceeds the sum of the following: An amount equal to the total expenditures of the district
served by that account for the last six months of that previous
fiscal year; any budgeted capital expenditures from the
account for the current fiscal year; and six hundred thousand
dollars, the director shall temporarily and equally, on a percentage basis, reduce each of the fees accruing to the district
account until such time that the district account has a balance
equal to the amount of the total expenditures from the
account for the last seven months of the previous fiscal year,
at which time the fees shall be returned to the amounts before
the temporary reduction. In making the reductions, the director shall attempt to reduce fees for a twelve-month period so
as to apply the reductions to as many of the persons who
annually pay fees for services provided by the district. The
temporary fee reductions shall be initially provided through
the adoption of emergency rules. The emergency and subsequent rules temporarily reducing the fees are exempt from the
requirements of RCW 34.05.310 and chapter 19.85 RCW.
These fees shall be reinstated through the expiration of the
rules temporarily reducing them and the authority to reinstate
them is hereby granted. [2002 c 322 § 2; 1998 c 154 § 16;
1975 c 40 § 3; 1963 c 122 § 24.]
15.17.240
Effective date—2002 c 322: "This act takes effect July 1, 2002. However, the director of the department of agriculture and the state treasurer may
take actions before July 1, 2002, to permit the creation of the fruit and vegetable inspection account and the district accounts described in RCW
15.17.240 by July 1, 2002." [2002 c 322 § 8.]
15.17.247 District two—Transfer of funds—Control
of Rhagoletis pomonella. (Expires July 1, 2013.) (1) The
district manager for district two as defined in WAC 16-390010 is authorized to transfer one hundred fifty thousand dollars from the fruit and vegetable district fund to the plant pest
account within the agricultural local fund. The amount transferred is to be derived from fees collected for state inspections of tree fruits and is to be used solely for activities related
to the control of Rhagoletis pomonella in district two. The
transfer of money must occur by September 1, 2009. On June
30, 2013, any unexpended portion of the one hundred fifty
thousand dollars must be transferred to the fruit and vegeta15.17.247
[Title 15 RCW—page 26]
ble inspection account and deposited in the district account
for the district that includes Yakima county.
(2) This section expires July 1, 2013. [2009 c 208 § 1.]
15.17.260 Injunctions. The director may bring an
action to enjoin the violation of any provision of this chapter
or rule adopted pursuant to this chapter in the superior court
of Thurston county or of any county in which such violation
occurs, notwithstanding the existence of other remedies at
law. [1998 c 154 § 17; 1963 c 122 § 26.]
15.17.260
15.17.270 Cooperation with governmental agencies.
The director may cooperate with and enter into agreements
with governmental agencies of this state, other states, and
agencies of federal government in order to carry out the purpose and provisions of this chapter. [1963 c 122 § 31.]
15.17.270
15.17.290 Violation of chapter or rules—Suspension—Civil penalty. Any person who violates this chapter
or rules adopted under this chapter may be subject to:
(1) Suspension of any compliance agreement under this
chapter to which the person is a party for a period not to
exceed twelve consecutive months; and/or
(2) A civil penalty in an amount of not more than one
thousand dollars for each violation. [1998 c 154 § 18; 1963 c
122 § 30.]
15.17.290
15.17.900 Provisions cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy. [1963 c 122 §
27.]
15.17.900
15.17.940 Severability—1963 c 122. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1963 c 122 § 33.]
15.17.940
Chapter 15.19
Chapter 15.19 RCW
GINSENG
Sections
15.19.010
15.19.020
15.19.030
15.19.040
15.19.050
15.19.060
15.19.070
15.19.080
15.19.090
15.19.100
15.19.110
15.19.900
Definitions.
Enforcement of chapter.
Adoption of rules.
Fees established by rule—Deposit—Use—Failure to pay.
Inspection of facility—Entry—Samples—Search warrant.
Injunctions.
Cooperative agency agreements.
Public disclosure of information—Exemption.
Violations of chapter or rules—Unlawful.
Violations of chapter or rules—Penalties.
Remedies.
Severability—1998 c 154.
15.19.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Department" means the department of agriculture of
the state of Washington.
(2) "Director" means the director of the department or
his or her duly authorized representative.
15.19.010
(2010 Ed.)
Ginseng
15.19.900
(3) "Facility" means, but is not limited to, the premises
where ginseng is grown, stored, dried, handled, or delivered
for sale or transportation, or where records required by rule
under this chapter are stored or kept, and all vehicles and
equipment, whether aerial or surface, used to transport ginseng.
(4) "Grower" means a person who grows cultivated, wild
simulated, and/or woodsgrown American ginseng and sells it
to a dealer.
(5) "Person" means any individual, firm, partnership,
corporation, company, society, or association, and every
officer, agent, or employee thereof. [1998 c 154 § 21.]
15.19.050 Inspection of facility—Entry—Samples—
Search warrant. The director may enter at reasonable times
as determined by the director and inspect any facility and any
records required under this chapter. The director may take for
inspection those representative samples of ginseng necessary
to determine whether or not this chapter or rules adopted
under this chapter have been violated. If the director is denied
access to any facility or records, the director may apply to a
court of competent jurisdiction for a search warrant authorizing access to the facility or records. The court may upon such
application issue a search warrant for the purpose requested.
[1998 c 154 § 25.]
15.19.020 Enforcement of chapter. The director shall
enforce and carry out the provisions of this chapter and may
adopt the necessary rules to carry out its purpose. [1998 c
154 § 22.]
15.19.060 Injunctions. The director may bring an
action to enjoin any violation of this chapter or rule adopted
under this chapter in the superior court of Thurston county or
of any county in which a violation occurs, notwithstanding
the existence of other remedies at law. [1998 c 154 § 26.]
15.19.050
15.19.060
15.19.020
15.19.030 Adoption of rules. In addition to the powers
conferred on the director under this chapter, the director has
the power to adopt rules:
(1) Establishing certification requirements for American
ginseng (Panax quinquefolius L.).
Certification factors include:
(a) Place of origin;
(b) Whether the ginseng is wild or cultivated;
(c) Weight; and
(d) Date of harvest;
and may include whether the ginseng meets requirements for
freedom from infestation by plant pests as required by the
importing country;
(2) Requiring the registration of ginseng growers and of
dealers who purchase and/or sell American ginseng for the
purpose of foreign export; and
(3) Requiring that records be maintained by ginseng
growers and by dealers who purchase or sell American ginseng for the purpose of foreign export.
The director may adopt any other rules necessary to
comply with the requirements of the convention on international trade in endangered species of wild fauna and flora (27
U.S.T. 108); the endangered species act of 1973, as amended
(16 U.S.C. Sec. 1531 et seq.); and 50 C.F.R. Part 23 (1995),
as they existed on June 6, 1996, or a subsequent date as may
be provided by rule, consistent with the purposes of this section. [1998 c 154 § 23.]
15.19.030
15.19.040 Fees established by rule—Deposit—Use—
Failure to pay. (1) The director shall adopt rules establishing fees to recover the costs of providing ginseng certification activities authorized under this chapter. All moneys collected under this chapter shall be paid to the director, deposited in an account within the agricultural local fund, and used
solely for carrying out the purposes of this chapter and rules
adopted under this chapter.
(2) In addition to other penalties, the director may refuse
to perform any inspection or certification service authorized
under this chapter for any person in arrears unless the person
makes payment in full prior to performing the service. [1998
c 154 § 24.]
15.19.040
(2010 Ed.)
15.19.070 Cooperative agency agreements. The
director may cooperate with and enter into agreements with
governmental agencies of this state, other states, and agencies
of the federal government in order to carry out the purpose
and provisions of this chapter. [1998 c 154 § 27.]
15.19.070
15.19.080 Public disclosure of information—Exemption. The department shall not disclose information obtained
under this chapter regarding the purchases, sales, or production of an individual American ginseng grower or dealer,
except for providing reports to the United States fish and
wildlife service. This information is exempt from public disclosure required by chapter 42.56 RCW. [2005 c 274 § 211;
1998 c 154 § 28.]
15.19.080
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
15.19.090 Violations of chapter or rules—Unlawful.
It is unlawful for a person to sell, offer for sale, hold for sale,
or ship or transport American ginseng for foreign export in
violation of this chapter or rules adopted under this chapter.
[1998 c 154 § 29.]
15.19.090
15.19.100 Violations of chapter or rules—Penalties.
Any person who violates the provisions of this chapter or
rules adopted under this chapter may be subject to:
(1) A civil penalty in an amount of not more than one
thousand dollars for each violation; and/or
(2) Denial, revocation, or suspension of any registration
or application for registration issued under this chapter. Upon
notice by the director to deny, revoke, or suspend a registration or application for registration, a person may request a
hearing under chapter 34.05 RCW. [1998 c 154 § 30.]
15.19.100
15.19.110 Remedies. The provisions of this chapter are
cumulative and nonexclusive and do not affect any other
remedy. [1998 c 154 § 31.]
15.19.110
15.19.900 Severability—1998 c 154. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
15.19.900
[Title 15 RCW—page 27]
Chapter 15.21
Title 15 RCW: Agriculture and Marketing
provision to other persons or circumstances is not affected.
[1998 c 154 § 32.]
Chapter 15.21
Chapter 15.21 RCW
WASHINGTON FRESH FRUIT SALES
LIMITATION ACT
Sections
15.21.010
15.21.020
15.21.030
15.21.040
15.21.050
15.21.060
15.21.070
15.21.900
15.21.910
15.21.920
Declaration of purpose.
Unlawful practices.
Cost.
Combination sales.
Injunction.
Penalties.
Exempt sales.
Chapter cumulative.
Short title.
Severability—1965 c 61.
15.21.010 Declaration of purpose. Limitations or
restrictions placed on the buyer by the seller offering fresh
fruit for sale as to the amount that such prospective buyer
may purchase of the total amount of such fresh fruit owned,
possessed or controlled by the seller, may lead to or cause
confusion, deceptive trade practices, and interfere with the
orderly marketing of fresh fruit necessary for the public
health and welfare, and is hereby declared to be a business
affected with the public interest. The provisions of this chapter are enacted in the exercise of the police powers of the state
for the purpose of protecting the general health and welfare of
the people of this state. [1965 c 61 § 1.]
15.21.010
15.21.020 Unlawful practices. It shall be unlawful to
cause a limitation to be placed on the amount of fresh fruit
that a purchaser may buy at retail or wholesale when such
fresh fruit is offered for sale, through any media, below cost
to the seller. The foregoing shall apply to all such fresh fruit
offered for sale below cost and owned, possessed or controlled by such seller. [1965 c 61 § 2.]
15.21.020
15.21.030 Cost. Cost for the purpose of this chapter,
shall be that price paid for fresh fruit by the seller or the
actual replacement cost for such fresh fruit: PROVIDED,
That the delivered invoice price to such seller shall be prima
facie evidence of the price paid for such fresh fruit by the
seller. [1965 c 61 § 3.]
15.21.030
15.21.040 Combination sales. When one or more
items are offered for sale or sold with one or more items at a
combined price, or offered individually or as a package or a
unit to be given with the sale of one or more items, each and
all such items shall for the purpose of this chapter be deemed
to be offered for sale, and as to such transaction the cost basis
shall be the combined cost basis of all such items as determined pursuant to RCW 15.21.030. [1965 c 61 § 4.]
15.21.040
15.21.050 Injunction. Any person, prosecuting attorney, or the attorney general may bring an action to enjoin the
violation or threatened violation of the provisions of this
chapter in the superior court in the county where such violation occurs or is about to occur, notwithstanding the existence
of any other remedies at law. [1965 c 61 § 5.]
15.21.050
[Title 15 RCW—page 28]
15.21.060 Penalties. (1) Except as provided in subsection (2) of this section, any person violating the provisions of
this chapter is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense. [2003
c 53 § 103; 1965 c 61 § 6.]
15.21.060
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
15.21.070 Exempt sales. The provisions of this chapter
shall not apply to the following sales at retail or sales at
wholesale:
(1) When fresh fruit is sold for charitable purposes or to
relief agencies;
(2) When fresh fruit is sold on contract to departments of
the government or governmental institutions;
(3) When fresh fruit is sold by any officer acting under
the order or direction of any court. [1965 c 61 § 7.]
15.21.070
15.21.900 Chapter cumulative. The provisions of this
chapter shall be cumulative and nonexclusive and shall not
affect any other remedy. [1965 c 61 § 8.]
15.21.900
15.21.910 Short title. This chapter may be cited as the
Washington fresh fruit sales limitation act. [1965 c 61 § 9.]
15.21.910
15.21.920 Severability—1965 c 61. If any provision of
this chapter, or its application to any person or circumstance
is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not
affected. [1965 c 61 § 10.]
15.21.920
Chapter 15.24
Chapter 15.24 RCW
WASHINGTON APPLE COMMISSION
(Formerly: Apple advertising commission)
Sections
15.24.010
15.24.015
15.24.020
15.24.030
15.24.033
15.24.035
15.24.040
15.24.045
15.24.050
15.24.060
15.24.065
15.24.070
15.24.073
15.24.080
15.24.085
15.24.086
15.24.090
15.24.100
15.24.110
15.24.120
15.24.130
15.24.140
15.24.150
Definitions.
Commission—Purpose.
Commission created—Generally.
Members—Appointment—Terms—District representation—
Meetings.
Members—Transition to appointed commission—Appointments by director.
Members—Appointments by director—Advisory ballot.
Members—Nominations to the advisory ballot.
Members—Removal from commission—Process.
Vacancies—Quorum—Compensation—Travel expenses.
Commission records as evidence.
Plans, programs, and projects—Approval by director.
Powers and duties—Agency of state government.
Rule-making proceedings—Exemptions.
Research, advertising, and educational campaign—Beneficial
purposes.
Promotional printing not restricted by public printer laws.
Promotional printing contracts—Contractual conditions of
employment.
Decrease or increase in assessments—Grounds—Procedure—
Oversight by director.
Assessments levied—Procedure for eliminating assessment.
Collection of assessments—Due prior to shipment—Stamps—
Rule-making exemption—Assessment imposed under RCW
15.26.120.
Records kept by dealers, handlers, processors.
Returns rendered by dealers, handlers, processors.
Right to inspect.
Treasurer—Bond—Duties—Funds.
(2010 Ed.)
Washington Apple Commission
15.24.160
15.24.170
15.24.180
15.24.190
15.24.200
15.24.210
15.24.215
15.24.800
15.24.802
15.24.804
15.24.806
15.24.808
15.24.810
15.24.812
15.24.814
15.24.816
15.24.818
15.24.900
15.24.910
15.24.920
15.24.921
Promotional plans—Purpose—Authority of commission—
Limitation on liability.
Rules and regulations—Filing—Publication.
Enforcement.
Claims enforceable against commission assets—Nonliability
of other persons and entities—Exception—Application of
chapter 4.92 RCW.
Penalties.
Prosecutions.
Funding staff support—Rules.
Financing assistance for commission building.
General obligation bonds to fund commission building.
Bond issuance and sale.
Bond proceeds, etc., to state building construction account.
Expenditure of bond proceeds.
Fund for payment of bond principal and interest.
Certification and payment of bond principal and interest.
RCW 15.24.810 and 15.24.812 not exclusive method of payment.
Bonds constitute legal investments for state and other public
funds.
Bonds to be issued only after certification of sufficiency of
funds.
Purpose of chapter—Regulation of apples and apple products—Existing comprehensive scheme—Applicable laws.
Liberal construction.
Severability—1967 c 240.
Severability—2004 c 178.
Investment of agricultural commodity commission funds in savings or time
deposits of banks, trust companies and mutual savings banks: RCW
15.66.185.
15.24.010 Definitions. As used in this chapter:
(1) "Commission" means the Washington apple commission;
(2) "Ship" means to load apples into a conveyance for
transport, except apples being moved from the orchard where
grown to a packing house or warehouse within the immediate
area of production;
(3) "Handler" means any person who ships or initiates a
shipping operation, whether for himself, herself, or for
another;
(4) "Dealer" means any person who handles, ships, buys,
or sells apples, or who acts as sales or purchasing agent, broker, or factor of apples;
(5) "Processor" and "processing plant" means every person to whom and every place to which apples are delivered
for drying, dehydrating, canning, pressing, powdering,
extracting, cooking, or for use in producing a product or manufacturing a manufactured article;
(6) "Processing apples" means all apples delivered to a
processing plant for drying, dehydrating, canning, pressing,
powdering, extracting, cooking, or for use in producing a
product or manufacturing a manufactured article. However,
"processing apples" does not include fresh apples sliced or
cut for raw consumption;
(7) "Fresh apples" means all apples other than processing
apples;
(8) "Director" means the director of the department of
agriculture or his or her duly authorized representative;
(9) "Grower district No. 1" includes the counties of
Chelan, Okanogan, and Douglas;
(10) "Grower district No. 2" includes the counties of Kittitas, Yakima, Benton, and Franklin;
(11) "Grower district No. 3" includes all counties in the
state not included in the first and second districts;
(12) "Dealer district No. 1" includes the area of the state
north of Interstate 90;
15.24.010
(2010 Ed.)
15.24.030
(13) "Dealer district No. 2" includes the area of the state
south of Interstate 90; and
(14) "Executive officer" includes, but is not limited to,
the principal management executive, sales manager, general
manager, or other executive employee of similar responsibility and authority. [2002 c 313 § 115; 1989 c 354 § 53; 1967
c 240 § 22; 1963 c 145 § 1; 1961 c 11 § 15.24.010. Prior:
1937 c 195 § 2; RRS § 2874-2.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Additional notes found at www.leg.wa.gov
15.24.015 Commission—Purpose. The commission
exists primarily for the benefit of the people of the state of
Washington and its economy. The legislature hereby charges
the commission, with oversight by the director, to speak on
behalf of the Washington state government with regard to
apples and apple-related issues. [2004 c 178 § 1.]
15.24.015
15.24.020 Commission created—Generally. There is
hereby created a Washington apple commission to be thus
known and designated. The commission shall be composed
of nine practical apple producers and four practical apple
dealers. In addition, the director shall be a full voting member of the commission and may in his or her place appoint any
other employee of the department of agriculture as a designee
to attend commission meetings and otherwise represent the
director and exercise the director’s vote.
The nine producer members shall be citizens and residents of this state, over the age of twenty-five years, each of
whom, either individually or as an executive officer of a corporation, firm or partnership, is and has been actually
engaged in growing and producing apples within the state of
Washington for a period of five years, currently operates a
commercial producing orchard in the district represented, and
has during that period derived a substantial portion of his or
her income therefrom. The four dealer members shall be persons who, either individually or as executive officers of a corporation, firm, partnership, association, or cooperative organization, are and have been actively engaged as dealers in
apples within the state of Washington for a period of five
years, and are citizens and residents of this state, and are
engaged as apple dealers in the district represented. The
qualifications of members of the commission as herein set
forth must continue during their term of office. A person who
meets the qualifications of both a producer and a dealer as set
forth in this section may serve as either a producer member or
a dealer member. [2004 c 178 § 2; 2002 c 313 § 116; 1989 c
354 § 54; 1967 c 240 § 23; 1963 c 145 § 2; 1961 c 11 §
15.24.020. Prior: 1949 c 191 § 1, part; 1937 c 195 § 3, part;
Rem. Supp. 1949 § 2874-3, part.]
15.24.020
Effective dates—2002 c 313: See note following RCW 15.65.020.
Additional notes found at www.leg.wa.gov
15.24.030 Members—Appointment—Terms—District representation—Meetings. Thirteen persons, not
including the director or the director’s representative, with
the qualifications stated in RCW 15.24.020 shall be members
of the commission. Nine of the members shall be producer
members, and four shall be dealer members. The number of
producer members to be appointed from each grower district
15.24.030
[Title 15 RCW—page 29]
15.24.033
Title 15 RCW: Agriculture and Marketing
shall be determined in accordance with the relative acreages
of planted commercial apple orchards within the various districts as of July 1, 2003, according to the most recent census
of acreages published by the United States department of
agriculture, agricultural statistics service. The number of
producer members to be appointed from each of the grower
districts shall be subject to readjustment every ten years
thereafter in accordance with the then most recent census of
acreages of planted commercial apple orchards published by
the United States department of agriculture, agricultural statistics service. In the event the information from the United
States department of agriculture’s agricultural statistics service is not published with respect to the specifically defined
districts, the commission shall adopt rules to establish equitable apportionment based on the available information. However, at all times at least two producer members shall be from
district 1, one of which shall be from Okanogan county; district 2 shall never have fewer than two producer members;
and district 3 shall never have fewer than one producer member. The commission shall adopt rules to effect the efficient
transition of reapportioned positions.
The regular term of office of the members of the commission shall be three years from March 1 following their
appointment by the director and until their successors are
appointed. The commission shall hold its annual meeting
during the month of March each year and shall hold such
other meetings during the year as it shall determine. The first
commission meeting that takes place after June 10, 2004,
shall be held in Wenatchee, and subsequent commission
meetings shall alternate between Yakima and Wenatchee.
[2004 c 178 § 3; 1989 c 354 § 55; 1967 c 240 § 24; 1963 c 145
§ 3; 1961 c 11 § 15.24.030. Prior: 1949 c 191 § 1, part; 1937
c 195 § 3, part; Rem. Supp. 1949 § 2874-3, part.]
Additional notes found at www.leg.wa.gov
15.24.033 Members—Transition to appointed commission—Appointments by director. To accomplish the
transition to a commission structure as set forth in RCW
15.24.030, the names of the currently elected commission
members shall be forwarded to the director for appointment
within thirty days of June 10, 2004, for appointment for the
remainder of their current terms. Thereafter, the director
shall appoint commission members pursuant to the commission structure set forth in RCW 15.24.030 as the current commission member terms expire. As part of the transition, in
order to achieve proper representation of producer members
relative to planted acreages, as each current producer position
expires the director shall appoint a replacement producer
member from the district then most underrepresented until
the initial balance of representation is achieved. Notwithstanding other provisions of this chapter, nominations for
transitioning positions required for underrepresented districts
shall be made from the district to be represented by the new
commission member. Thereafter, reallocations shall be
accomplished as provided in RCW 15.24.030. [2004 c 178 §
4.]
15.24.033
15.24.035 Members—Appointments by director—
Advisory ballot. (1) The director shall appoint the members
of the commission.
15.24.035
[Title 15 RCW—page 30]
(2) Candidates for positions on the commission shall be
nominated to the director in accordance with subsection (3)
of this section.
(3) Not less than sixty days nor more than seventy-five
days prior to the commencement of a commission member’s
term, the commission shall cause an advisory vote to be held
for the director-appointed positions. Advisory ballots shall
be mailed to all affected producers for producer positions and
to affected dealers for dealer positions and shall be returned
to the commission not less than thirty days prior to the commencement of the term. The advisory ballot shall be conducted in a manner so that it is a secret ballot. The names of
the two candidates receiving the most votes in the advisory
vote shall be forwarded to the director for potential appointment to the commission. In the event only two candidates are
nominated for a position, an advisory vote need not be held
and the candidates’ names shall be forwarded to the director
for potential appointment. If only one candidate is nominated
for a position, the director has the discretion to appoint or
reject the candidate.
(4) Any candidate whose name is forwarded to the director for potential appointment shall submit to the director a letter stating why he or she wishes to be appointed to the commission. The director may select any candidate for the position or may reject all candidates and request a new advisory
vote with nominees selected by the commission and, if
desired, by the director. [2008 c 11 § 1; 2004 c 178 § 5.]
15.24.040 Members—Nominations to the advisory
ballot. The commission shall call a meeting of apple growers, and meetings of apple dealers in dealer district No. 1 and
dealer district No. 2 for the purpose of nominating to the
advisory ballot for nomination to the director their respective
members of the commission, when a term is about to expire,
or when a vacancy exists, except as provided in RCW
15.24.050, as amended, at times and places to be fixed by the
commission. The meetings shall be held each year and insofar as practicable, the meetings of the growers shall be held at
the same time and place as the annual meeting of the Washington state horticultural association, or the annual meeting
of any other producer organization which represents a majority of the state’s apple producers, as determined by the commission, but not while the same is in actual session. Public
notice of such meetings shall be given by the commission in
such manner as it may determine: PROVIDED, That nonreceipt of the notice by any interested person shall not invalidate the proceedings. Any qualified person may be nominated orally for such positions at the respective meetings.
Nominations may also be made within five days after any
such meeting by written petition filed in the office of the
commission, signed by not less than five apple growers or
dealers, as the case may be, residing within the district or
within the subdivision if the nomination is made from a subdivision.
Nominees to be forwarded to the director for appointment to producer positions on the commission shall be
selected by a majority of the votes cast by the apple growers
in the respective districts. Each grower who operates a commercial producing apple orchard within the district being represented, whether an individual proprietor, partnership, joint
venture, or corporation, is entitled to one vote. As to bona
15.24.040
(2010 Ed.)
Washington Apple Commission
fide leased or rented orchards, only the lessee-operator, if
otherwise qualified, shall be entitled to vote. An individual
commercial orchard operator, if otherwise qualified, shall be
entitled to vote as such, even though he or she is also a member of a partnership or corporation which votes for other
apple acreage. Nominees to be forwarded to the director for
appointment to dealer positions on the commission shall be
selected by a majority of the votes cast by the apple dealers in
the respective districts, each dealer being entitled to one vote.
[2008 c 11 § 2; 2004 c 178 § 6; 2002 c 313 § 117; 1989 c 354
§ 56; 1967 c 240 § 25; 1963 c 145 § 4; 1961 c 11 § 15.24.040.
Prior: 1949 c 191 § 1, part; 1937 c 195 § 3, part; Rem. Supp.
1949 § 2874-3, part.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Additional notes found at www.leg.wa.gov
15.24.045 Members—Removal from commission—
Process. If a commission member fails or refuses to perform
his or her duties due to excessive absence or abandonment of
his or her position or engages in any acts of dishonesty or
willful misconduct, the commission may recommend to the
director that the commission member be removed from his or
her position on the commission. Upon receiving such recommendation, the director shall review the matter, including any
statement from the commission member who is the subject of
the recommendation, and determine whether adequate cause
for removal is present. If the director finds that adequate
cause for removal exists, the director shall remove the member from his or her commission position. The position shall
then be declared vacant and must be filled pursuant to the
provisions of this chapter for filling vacancies. [2008 c 11 §
3.]
15.24.045
15.24.070
seal, shall be admissible in any court as prima facie evidence
of the truth of the statements contained therein. [1961 c 11 §
15.24.060. Prior: 1937 c 195 § 4, part; RRS § 2874-4, part.]
15.24.065 Plans, programs, and projects—Approval
by director. (1) The commission shall develop and submit to
the director for approval any plans, programs, and projects
concerning the following:
(a) The establishment, issuance, effectuation, and
administration of appropriate programs or projects within the
commission’s powers and duties;
(b) The establishment and effectuation of market
research projects, market development projects, or both to the
end that the marketing and utilization of apples may be
encouraged, expanded, improved, or made more efficient;
and
(c) The establishment and effectuation of, and/or support
of industry organizations work regarding, market access
project and programs, trade banner work and industry organization support.
(2) The director shall review the commission’s programs
to ensure that they properly benefit the people of the state of
Washington and its economy and properly speak the message
of the state.
(3) The commission, prior to the beginning of its fiscal
year, shall prepare and submit to the director for approval its
project and program plans and its budget on a fiscal period
basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a
timely manner. [2004 c 178 § 8.]
15.24.065
15.24.070 Powers and duties—Agency of state government. The Washington apple commission is hereby
declared and created an agency of the Washington state government. The powers and duties of the commission shall
include the following:
(1) To elect a chair and such other officers as it deems
advisable; and to adopt, rescind, and amend rules and orders
for the exercise of its powers under this chapter, which shall
have the force and effect of the law when not inconsistent
with existing laws;
(2) To administer and enforce the provisions of this
chapter, and do all things reasonably necessary to effectuate
the purposes of this chapter;
(3) To employ and at its pleasure discharge a manager,
secretary, agents, attorneys, and employees as it deems necessary, and to prescribe their duties and powers and fix their
compensation;
(4) To establish offices and incur expense and enter into
contracts and to create such liabilities as may be reasonable
for the proper administration and enforcement of this chapter.
Expenses may include reasonable, prudent use of promotional hosting to benefit the purposes of this chapter;
(5) To investigate and prosecute violations of this chapter;
(6) To conduct scientific research to develop and discover the health, food, therapeutic, and dietetic value of
apples and apple products;
15.24.070
15.24.050 Vacancies—Quorum—Compensation—
Travel expenses. In the event a position becomes vacant due
to resignation, disqualification, death, or for any other reason,
such position shall be filled for the balance of the unexpired
term by appointment by the director from at least two nominees submitted by the remaining members of the commission.
A majority of the voting members shall constitute a quorum for the transaction of all business and the carrying out of
the duties of the commission.
Each member of the commission shall be compensated
in accordance with RCW 43.03.230 and shall be reimbursed
for actual travel expenses incurred in carrying out the provisions of this chapter. Employees of the commission may also
be reimbursed for actual travel expenses when on official
commission business. [2004 c 178 § 7; 2002 c 313 § 118;
1984 c 287 § 12; 1975-’76 2nd ex.s. c 34 § 12; 1967 c 240 §
26; 1961 c 11 § 15.24.050. Prior: 1949 c 191 § 1, part; 1937
c 195 § 3, part; Rem. Supp. 1949 § 2874-3, part.]
15.24.050
Effective dates—2002 c 313: See note following RCW 15.65.020.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Additional notes found at www.leg.wa.gov
15.24.060 Commission records as evidence. Copies of
the proceedings, records and acts of the commission, when
certified by the secretary and authenticated by the corporate
15.24.060
(2010 Ed.)
[Title 15 RCW—page 31]
15.24.073
Title 15 RCW: Agriculture and Marketing
(7) To keep accurate record of all of its dealings, which
shall be open to inspection and audit by the state auditor;
(8) To sue and be sued and have all of the powers of an
agency;
(9) To expend funds for commodity-related education,
training, and leadership programs as the commission deems
expedient;
(10) To borrow money and incur indebtedness;
(11) To accept gifts, grants, conveyances, bequests, and
devises, of real or personal property, or both, in trust or otherwise, and sell, lease, exchange, invest, or expend these
donations or the proceeds, rents, profits, and income from the
donations on any appropriate activity of the commission
except as limited by the donor’s terms. The commission shall
adopt rules to govern and protect the receipt and expenditure
of the proceeds, rents, profits, and income of all such gifts,
grants, conveyances, bequests, and devises. The authority to
make expenditures granted by this subsection includes the
authority to make expenditures to provide scholarships or
financial assistance to persons as defined in RCW 1.16.080
or entities associated with the apple industry, but is not limited to the authority to make expenditures for such a purpose;
(12) To engage in appropriate fund-raising activities for
the purpose of supporting the activities of the commission
authorized by this chapter;
(13) To retain, discharge, or contract with, at its pleasure,
accountants, marketing agencies, and other professional consultants as necessary, under procedures for hiring, discharging, and review as adopted by the commission;
(14) To maintain, protect, acquire, or own intellectual
property rights, including without limitation, licenses, trademarks, copyrights, artwork, or patents and to sell or license
any or all of such rights and collect royalties therefrom and
from commission-funded research related to apples;
(15) To apply for and administer federal market access
programs and/or similar programs or projects and provide
matching funds as may be necessary;
(16) With oversight by the director, provide funding and
support to organizations providing general support and leadership to and representation of the apple industry;
(17) With oversight by the director, to speak on behalf of
the Washington state government on a nonexclusive basis
with regard to apples and apple-related issues, including but
not limited to trade negotiations, market access negotiations,
and the like, and to fund industry organizations engaging in
such activities;
(18) To fund, conduct, or otherwise participate in scientific research relating to apples, including without limitation
research regarding pests, pesticides, food safety, irrigation,
transportation, and environmental stewardship;
(19) To provide services relating to the production, promotion, sale and/or distribution of Washington apples on a
fee-for-services basis. However, (a) the product of such services shall belong to the funding party, and (b) the fees for
such services shall include a reasonable charge for the commission’s overhead expenses as determined by the commission; and
(20) To gather, maintain, and distribute data relating to
the production, processing, shipment, and sales of apples, in
connection with its ordinary operations and collection of
assessments and particularly in connection with services pro[Title 15 RCW—page 32]
vided on a fee for service basis. [2004 c 178 § 9; 2002 c 313
§ 119; 1994 c 134 § 1; 1987 c 393 § 3; 1986 c 203 § 3; 1963
c 145 § 5; 1961 c 11 § 15.24.070. Prior: (i) 1937 c 195 § 8;
RRS § 2874-8. (ii) 1937 c 195 § 5; RRS § 2874-5. (iii) 1937
c 195 § 4, part; RRS § 2874-4, part.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Additional notes found at www.leg.wa.gov
15.24.073 Rule-making proceedings—Exemptions.
Rule-making proceedings conducted under this chapter are
exempt from compliance with RCW 34.05.310 and the provisions of chapter 19.85 RCW, the regulatory fairness act,
when the proposed rule is subject to a referendum. [2002 c
313 § 125.]
15.24.073
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.24.080 Research, advertising, and educational
campaign—Beneficial purposes. In order to benefit the
people of this state, the state’s economy and its general tax
revenues, the commission shall provide for and conduct a
comprehensive and extensive research, advertising, and educational campaign as continuous as the crop, sales, and market conditions reasonably require. It shall investigate and
ascertain the needs of producers, conditions of the markets,
and extent to which public convenience and necessity require
research and advertising to be conducted. [2002 c 313 § 120;
1961 c 11 § 15.24.080. Prior: 1937 c 195 § 13, part; RRS §
2874-13, part.]
15.24.080
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.24.085 Promotional printing not restricted by
public printer laws. The restrictive provisions of chapter
43.78 RCW shall not apply to promotional printing and literature for the Washington apple commission, the Washington
state fruit commission, or the Washington state dairy products commission. [2002 c 313 § 121; 1961 c 11 § 15.24.085.
Prior: 1953 c 222 § 1.]
15.24.085
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.24.086 Promotional printing contracts—Contractual conditions of employment. All such printing contracts
provided for in this section and RCW 15.24.085 shall be executed and performed under conditions of employment which
shall substantially conform to the laws of this state respecting
hours of labor, the minimum wage scale, and the rules and
regulations of the department of labor and industries regarding conditions of employment, hours of labor, and minimum
wages, and the violation of such provision of any contract
shall be ground for cancellation thereof. [1994 c 164 § 1;
1973 1st ex.s. c 154 § 20; 1961 c 11 § 15.24.086. Prior: 1953
c 222 § 2.]
15.24.086
Additional notes found at www.leg.wa.gov
15.24.090 Decrease or increase in assessments—
Grounds—Procedure—Oversight by director. If it
appears from investigation by the director and the commission that the revenue from the assessment levied on fresh
apples under this chapter is too high or is inadequate to
accomplish the purposes of this chapter, then with the oversight of the director the commission shall adopt a resolution
15.24.090
(2010 Ed.)
Washington Apple Commission
setting forth the necessities of the industry, the extent and
probable cost of the required research or other expenditures,
the extent of public convenience, interest, and necessity, and
probable revenue from the assessment levied. With the oversight of the director, and subject to the approval by vote of at
least two-thirds for increases, or a majority for decreases, of
the producers voting; and approval of voting producers who
operate at least two-thirds for increases, or a majority for
decreases, of the acreage voted in the same election, the commission shall thereupon decrease or increase the assessment
to a sum determined by the commission to be necessary for
those purposes. However, if a different rate is determined for
any specific variety or for fresh apples sliced or cut for raw
consumption, that different rate must be applied to that variety or those sliced or cut apples. A decrease or an increase
becomes effective sixty days after the resolution is adopted or
on any other date provided for in the resolution, but shall be
first referred by the commission to a referendum mail ballot
by the apple growers of this state conducted under the supervision of the director and be approved by at least two-thirds
for increases, or a majority for decreases, of the growers voting on it and also be approved by voting growers who operate
at least two-thirds for increases, or a majority for decreases,
of the acreage voted in the same election. After the mail ballot, if favorable to the increase or decrease, the commission
shall nevertheless exercise its independent judgment and discretion as to whether or not to approve the increase or
decrease. [2004 c 178 § 10; 2002 c 313 § 122; 1983 c 95 § 1;
1979 c 20 § 1; 1967 c 240 § 27; 1963 c 145 § 6; 1961 c 11 §
15.24.090. Prior: 1953 c 43 § 1; 1937 c 195 § 13, part; RRS
§ 2874-13, part.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.24.110
The commission shall hold public hearings in Yakima and
Wenatchee on the petition.
(b) Following the public hearings, the question of
whether to reduce the assessment authorized in this section to
zero shall be referred to a referendum mail ballot. The commission shall certify to the director a list of apple growers eligible to vote in commission referendum elections. The referendum shall be conducted and supervised by the director
using the certified list. Inadvertent failure to notify an
affected grower does not invalidate a referendum.
(c) The referendum will be approved if a simple majority
of apple growers voting in the referendum election vote in
favor of the elimination of the assessment. The director will
certify the results of the vote.
(d) The referendum vote shall be binding and may not be
overturned by action of the commission or director. If the
referendum is approved, the commission shall immediately
commence activities to wind down its operations. However,
the elimination of the assessment shall not be effective until
six months from the date the referendum result is certified by
the director. If the referendum fails, neither the commission
nor the director will take further action on the petition.
(e) The commission is responsible for all its own costs
and all the director’s costs associated with the hearing,
notice, and referendum process. A subsequent petition may
not be filed any sooner than five years following the certification of the results of any previously held referendum conducted under this subsection. [2004 c 178 § 11; 2002 c 313 §
123; 1967 c 240 § 28; 1963 c 145 § 7; 1961 c 11 § 15.24.100.
Prior: 1937 c 195 § 9; RRS § 2874-9.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.24.110 Collection of assessments—Due prior to
shipment—Stamps—Rule-making exemption—Assessment imposed under RCW 15.26.120. The assessments on
fresh apples shall be paid, or provision made therefor satisfactory to the commission, prior to shipment, and no fresh
apples shall be carried, transported, or shipped by any person
or by any carrier, railroad, truck, boat, or other conveyance
until the assessment has been paid or provision made therefor
satisfactory to the commission.
The commission shall by rule prescribe the method of
collection, and for that purpose may require stamps to be
known as "Washington apple stamps" to be purchased from
the commission and attached to the containers, invoices,
shipping documents, inspection certificates, releases, or
receiving receipts or tickets. Rule-making procedures conducted under this section are exempt from the provisions of
RCW 43.135.055 when adoption of the rule or rules is determined by a referendum vote of the persons taxed under this
chapter.
The commission may also collect assessments imposed
under RCW 15.26.120, and in that event, the commission
shall establish and be reimbursed by the Washington tree
fruit research commission an amount representing a reasonable approximation of the actual costs to the commission of
such collection. [2004 c 178 § 12; 2002 c 313 § 124; 1967 c
240 § 29; 1961 c 11 § 15.24.110. Prior: 1937 c 195 § 12;
RRS § 2874-12.]
15.24.110
15.24.100
15.24.100 Assessments levied—Procedure for eliminating assessment. (1) Subject to subsection (2) of this section, there is hereby levied upon all fresh apples grown annually in this state, and all apples packed as Washington apples,
including fresh sliced, an assessment of eight and seventyfive one-hundredths cents per one hundred pounds of apples,
based on net shipping weight, or reasonable equivalent net
product assessment measurement as determined by the commission, plus such annual decreases or increases thereof as
are imposed pursuant to the provisions of RCW 15.24.090.
All moneys collected hereunder shall be expended to effectuate the purpose and objects of this chapter.
(2) No sooner than five years from June 10, 2004, a petition may be filed with the commission to reduce the assessment authorized in this section to zero. To be valid, the petition must be signed by at least eight percent of all apple growers eligible to vote in commission referendum elections. The
petition shall contain the name of a person designated to represent the petitioners.
(a) Upon receipt of a valid petition, the commission shall
prepare a document discussing the substance of the petition.
A statement in favor of the petition shall be written by the
proponents of the petition. A statement opposing the petition
may be written by the commission or an opponent. The document and a notice of public hearing shall be sent to apple
growers eligible to vote in commission referendum elections
at least twenty days prior to the scheduled public hearings.
(2010 Ed.)
Effective dates—2002 c 313: See note following RCW 15.65.020.
[Title 15 RCW—page 33]
15.24.120
Title 15 RCW: Agriculture and Marketing
15.24.120 Records kept by dealers, handlers, processors. Each dealer, handler, and processor shall keep a complete and accurate record of all apples handled, shipped, or
processed by him or her. This record shall be in such form
and contain such information as the commission may by rule
or regulation prescribe, and shall be preserved for a period of
two years, and be subject to inspection at any time upon
demand of the commission or its agents. [2010 c 8 § 6021;
1961 c 11 § 15.24.120. Prior: 1937 c 195 § 10; RRS § 287410.]
15.24.120
15.24.130 Returns rendered by dealers, handlers,
processors. Each dealer, handler, and processor shall at such
times as the commission may by rule or regulation require,
file with the commission a return under oath on forms to be
furnished by the commission, stating the quantity of apples
handled, shipped, or processed by him or her during the
period prescribed by the commission. The return shall contain such further information as the commission may require.
[2010 c 8 § 6022; 1961 c 11 § 15.24.130. Prior: 1937 c 195
§ 11; RRS § 2874-11.]
15.24.130
15.24.140 Right to inspect. The commission may
inspect the premises and records of any carrier, handler,
dealer, or processor for the purpose of enforcing this chapter
and the collection of the excise tax. [1961 c 11 § 15.24.140.
Prior: 1937 c 195 § 19; RRS § 2874-19.]
15.24.140
15.24.150 Treasurer—Bond—Duties—Funds. The
commission shall appoint a treasurer who shall file with it a
fidelity bond executed by a surety company authorized to do
business in this state, in favor of the commission and the
state, in the penal sum of fifty thousand dollars, conditioned
upon the faithful performance of his or her duties and strict
accounting of all funds of the commission.
All money received by the commission, or any other
state official from the assessment herein levied, shall be paid
to the treasurer, deposited in such banks as the commission
may designate, and disbursed by order of the commission.
None of the provisions of RCW 43.01.050 shall apply to
money collected under this chapter. [2010 c 8 § 6023; 1961
c 11 § 15.24.150. Prior: 1937 c 195 § 6; RRS § 2874-6.]
15.24.150
15.24.160 Promotional plans—Purpose—Authority
of commission—Limitation on liability. To maintain and
complement the existing comprehensive regulatory scheme,
the commission may employ, designate as agent, act in concert with, and enter into contracts with any person, council, or
commission, including but not limited to the director, state
agencies such as the Washington state fruit commission and
its successors, statewide horticultural associations, organizations or associations engaged in tracking the movement and
marketing of horticultural products, and organizations or
associations of horticultural growers, for the purpose of promoting the general welfare of the apple industry and particularly for the purpose of assisting in the sale and distribution of
apples in domestic or foreign commerce, and expend its
funds or such portion thereof as it may deem necessary or
advisable for such purpose and for the purpose of paying its
proportionate share of the cost of any program providing
15.24.160
[Title 15 RCW—page 34]
direct or indirect assistance to the sale and distribution of
apples in domestic or foreign commerce. For such purposes
it may employ and pay for legal counsel and contract and pay
for other professional services. The liability of the state for
the acts of the commission, or upon its contracts, shall be limited solely to the assets of the commission. In any civil or
criminal action or proceeding for violation of any statute,
including a rule adopted under that statute, or common law
against monopolies or combinations in restraint of trade,
including any action under chapter 19.86 RCW, proof that
the act complained of was done in compliance with the provisions of this chapter, and in furtherance of the purposes and
provisions of this chapter, is a complete defense to such an
action or proceeding. [2004 c 178 § 13; 2002 c 313 § 126;
1961 c 11 § 15.24.160. Prior: 1947 c 280 § 3; Rem. Supp.
1947 § 2909-3.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.24.170 Rules and regulations—Filing—Publication. Rules, regulations, and orders made by the commission
shall be filed with the director and published in a legal newspaper in the cities of Wenatchee and Yakima within five days
after being made, and shall become effective pursuant to the
provisions of RCW 34.05.380. [2002 c 313 § 127; 1975 1st
ex.s. c 7 § 37; 1961 c 11 § 15.24.170. Prior: 1937 c 195 § 18;
RRS § 2874-18.]
15.24.170
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.24.180 Enforcement. All county and state law
enforcement officers and all employees and agents of the
department shall enforce this chapter. [1961 c 11 §
15.24.180. Prior: 1937 c 195 § 16; RRS § 2874-16.]
15.24.180
15.24.190 Claims enforceable against commission
assets—Nonliability of other persons and entities—
Exception—Application of chapter 4.92 RCW. Obligations incurred by the commission and any other liabilities or
claims against the commission shall be enforced only against
the assets of the commission, and, except to the extent of such
assets, no liability for the debts or actions of the commission
exists against either the state of Washington or any subdivision or instrumentality thereof, or against any member,
employee, or agent of the commission in his or her individual
capacity. Except as otherwise provided in this chapter, neither the members of the commission nor its employees may
be held individually responsible for errors in judgment, mistakes, or other acts, either of commission or omission, as
principal, agent, person, or employee, save for their own individual acts of dishonesty or crime. No such person or
employee may be held responsible individually for any act or
omission of any other member of the commission. The liability of the members of the commission shall be several and not
joint, and no member is liable for the default of any other
member. This provision confirms that commissioners have
been, and continue to be, state officers or volunteers for purposes of RCW 4.92.075 and are entitled to the defenses,
indemnifications, limitations of liability, and other protections and benefits of chapter 4.92 RCW, as provided in that
chapter. [2004 c 178 § 14; 1987 c 393 § 4; 1961 c 11 §
15.24.190. Prior: 1937 c 195 § 7; RRS § 2874-7.]
15.24.190
(2010 Ed.)
Washington Apple Commission
15.24.200 Penalties. (1) Any person who violates or
aids in the violation of any provision of this chapter is guilty
of a gross misdemeanor.
(2) Any person who violates or aids in the violation of
any rule or regulation of the commission is guilty of a misdemeanor. [2003 c 53 § 104; 1961 c 11 § 15.24.200. Prior:
1937 c 195 § 14; RRS § 2874-14.]
15.24.200
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
15.24.210 Prosecutions. Any prosecution brought
under this chapter may be instituted in any county in which
the defendant or any defendant resides, or in which the violation was committed, or in which the defendant or any defendant has his or her principal place of business.
The superior courts are hereby vested with jurisdiction to
enforce the provisions of this chapter and the rules and regulations of the commission issued hereunder, and to prevent
and restrain violations thereof. [2010 c 8 § 6024; 1961 c 11 §
15.24.210. Prior: 1937 c 195 § 15; RRS § 2874-15.]
15.24.812
tive costs of such project, including costs of bond issuance
and retirement, salaries and related costs of officials and
employees of the state, and other expenses incidental to the
administration of such project, the state finance committee is
authorized to issue general obligation bonds of the state of
Washington in the sum of eight hundred thousand dollars, or
so much thereof as may be required. [2002 c 313 § 129; 1987
c 6 § 2.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Additional notes found at www.leg.wa.gov
15.24.210
15.24.215 Funding staff support—Rules. The director
may provide by rule for a method to fund staff support for all
commodity boards and commissions in accordance with
RCW 43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken
on behalf of an individual commodity board or commission.
The commission shall provide funds to the department
according to the rules adopted by the director. [2002 c 313 §
72.]
15.24.215
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.24.800 Financing assistance for commission building. The legislature hereby finds that, in order to permit the
Washington apple commission to accomplish more efficiently its important public purposes, as enumerated in chapter 15.24 RCW, it is necessary for the state to assist in financing a new building for the commission, to be located on
Euclid Avenue in Chelan county, and housing commission
offices, warehouse space, and a display room. The state’s
assistance shall augment approximately five hundred thousand dollars in commission funds which will be applied
directly to the payment of the costs of this project. The state’s
assistance shall be in the amount of eight hundred thousand
dollars, or so much thereof as may be required, to be provided
from the proceeds from the sale and issuance of general obligation bonds of the state, the principal of and interest on
which shall be reimbursed to the state treasury by the commission from revenues derived from the assessments levied
pursuant to chapter 15.24 RCW and other sources. [2002 c
313 § 128; 1987 c 6 § 1.]
15.24.800
Effective dates—2002 c 313: See note following RCW 15.65.020.
Additional notes found at www.leg.wa.gov
15.24.802 General obligation bonds to fund commission building. For the purpose of providing part of the funds
necessary for the Washington apple commission to undertake
a capital project consisting of the land acquisition for, and the
design, construction, furnishing, and equipping of, the building described in RCW 15.24.800, and to pay the administra15.24.802
(2010 Ed.)
15.24.804 Bond issuance and sale. The bonds authorized in RCW 15.24.802 shall be issued and sold in accordance with the provisions of chapter 39.42 RCW. [1987 c 6
§ 3.]
15.24.804
Additional notes found at www.leg.wa.gov
15.24.806 Bond proceeds, etc., to state building construction account. The proceeds from the sale of the bonds
authorized in RCW 15.24.802, together with all grants, donations, transferred funds, and all other moneys which the state
finance committee or the Washington apple commission may
direct the state treasurer to deposit therein, shall be deposited
in the state building construction account in the state treasury.
[2002 c 313 § 130; 1987 c 6 § 4.]
15.24.806
Effective dates—2002 c 313: See note following RCW 15.65.020.
Additional notes found at www.leg.wa.gov
15.24.808 Expenditure of bond proceeds. Subject to
legislative appropriation, all proceeds from the sale of the
bonds authorized in RCW 15.24.802 shall be administered
and expended by the Washington apple commission exclusively for the purposes specified in RCW 15.24.802. [2002 c
313 § 131; 1987 c 6 § 5.]
15.24.808
Effective dates—2002 c 313: See note following RCW 15.65.020.
Additional notes found at www.leg.wa.gov
15.24.810 Fund for payment of bond principal and
interest. The state general obligation bond retirement fund
shall be used for the payment of the principal of and interest
on the bonds authorized to be issued under RCW 15.24.802.
The state finance committee may provide for the creation of
one or more separate accounts in such fund to facilitate payment of such principal and interest.
On or before June 30 of each year, the state finance committee shall certify to the state treasurer the amounts required
in the next succeeding twelve months for the payment of the
principal of and the interest on such bonds coming due in
accordance with the provisions of the bond proceedings. Not
less than thirty days prior to the date on which any interest or
principal and interest payment is due, the state treasurer shall
withdraw from any general state revenues received in the
state treasury and deposit in the state general obligation bond
retirement fund, or a special account in such fund, the amount
certified by the state finance committee to be due on the payment date. [1987 c 6 § 6.]
15.24.810
Additional notes found at www.leg.wa.gov
15.24.812 Certification and payment of bond principal and interest. On or before June 30 of each year, the state
15.24.812
[Title 15 RCW—page 35]
15.24.814
Title 15 RCW: Agriculture and Marketing
finance committee shall certify to the Washington apple commission the principal and interest payments determined under
RCW 15.24.810, exclusive of deposit interest credit, attributable to the bonds issued under RCW 15.24.802. On each date
on which any interest or principal and interest payment is
due, the commission shall cause the amount certified by the
state finance committee to be due on such date to be paid out
of the commission’s general fund to the state treasurer for
deposit into the general fund of the state treasury. [2002 c
313 § 132; 1987 c 6 § 7.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Additional notes found at www.leg.wa.gov
15.24.814 RCW 15.24.810 and 15.24.812 not exclusive method of payment. The legislature may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized in RCW
15.24.802, and RCW 15.24.810 and 15.24.812 shall not be
deemed to provide an exclusive method for the payment of
such principal and interest. [1987 c 6 § 8.]
15.24.814
Additional notes found at www.leg.wa.gov
15.24.816 Bonds constitute legal investments for
state and other public funds. The bonds authorized by
RCW 15.24.802 shall constitute legal investments for all
state funds or for funds under state control and all funds of
any other public body. [1987 c 6 § 9.]
15.24.816
Additional notes found at www.leg.wa.gov
15.24.818 Bonds to be issued only after certification
of sufficiency of funds. The bonds authorized by RCW
15.24.802 shall be issued only after the treasurer of the Washington apple commission has certified that the net proceeds
of the bonds, together with all money to be made available by
the commission for the purposes described in RCW
15.24.802, shall be sufficient for such purposes; and also that,
based upon the treasurer’s estimates of future income from
assessments levied pursuant to chapter 15.24 RCW and other
sources, an adequate balance will be maintained in the commission’s general fund to enable the commission to meet the
requirements of RCW 15.24.812 during the life of the bonds
to be issued. [2002 c 313 § 133; 1987 c 6 § 10.]
15.24.818
Effective dates—2002 c 313: See note following RCW 15.65.020.
Additional notes found at www.leg.wa.gov
15.24.900 Purpose of chapter—Regulation of apples
and apple products—Existing comprehensive scheme—
Applicable laws. (1) This chapter is passed:
(a) In the exercise of the police power of the state to
assure, through this chapter, and other chapters, that the apple
industry is highly regulated to protect the public health, to
prevent fraudulent practices, to promote the welfare of the
state, and to stabilize and protect the apple industry of the
state as a vital and integral part of its economy for the benefit
of all its citizens;
(b) Because the apple crop grown in Washington comprises one of the major agricultural crops of Washington, and
that therefore the business of selling and distributing such
crop and the expanding and protection of its market is of public interest;
15.24.900
[Title 15 RCW—page 36]
(c) Because it is necessary and expedient to enhance the
reputation of Washington apples in domestic and foreign
markets;
(d) Because it is necessary to discover the health giving
qualities and food and dietetic value of Washington apples,
and to spread that knowledge throughout the world in order to
increase the consumption of Washington apples;
(e) Because Washington grown apples are handicapped
by high freight rates in competition with eastern and foreign
grown apples in the markets of the world, and this disadvantage can only be overcome by education and advertising;
(f) Because the stabilizing and promotion of the apple
industry, the enlarging of its markets, and the increasing of
the consumption of apples are necessary to assure and
increase the payment of taxes to the state and its subdivisions,
to alleviate unemployment within the state, and increase
wages for agricultural labor;
(g) To disseminate information giving the public full
knowledge of the manner of production, the cost and expense
thereof, the care taken to produce and sell only apples of the
finest quality, the methods and care used in preparing for
market, and the methods of sale and distribution to increase
the amount secured by the producer therefor, so that they can
pay higher wages and pay their taxes, and by such information to reduce the cost of distribution so that the spread
between the cost to the consumer and the amount received by
the producer will be reduced to the minimum absolutely necessary; and
(h) To protect the general public by educating it in reference to the various varieties and grades of Washington
apples, the time to use and consume each variety, and the
uses to which each variety should be put.
(2) The history, economy, culture, and future of Washington state’s agricultural industry involves the apple industry. In order to develop and promote apples and apple products as part of an existing comprehensive scheme to regulate
those products, the legislature declares:
(a) That it is vital to the continued economic well-being
of the citizens of this state and their general welfare that its
apple and apple products be properly promoted by establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standards of and for apples and apple products; and by working to stabilize the apple industry and by
increasing consumption of apples and apple products within
the state, nation, and internationally;
(b) That apple producers operate within a regulatory
environment that imposes burdens on them for the benefit of
society and the citizens of the state and includes restrictions
on marketing autonomy. Those restrictions may impair the
agricultural producer’s ability to compete in local, domestic,
and foreign markets;
(c) That it is in the overriding public interest that support
for the apple industry be clearly expressed, that adequate protection be given to agricultural commodities, uses, activities,
and operations, and that apples and apple products be promoted individually, as well as part of a comprehensive promotion of the agricultural industry to:
(i) Enhance the reputation and image of Washington
state’s agricultural industry;
(ii) Increase the sale and use of apples and apple products in local, domestic, and foreign markets;
(2010 Ed.)
Tree Fruit Research Act
(iii) Protect the public and consumers by correcting any
false or misleading information and by educating the public
in reference to the quality, care, and methods used in the production of apples and apple products, and in reference to the
various sizes, grades, and varieties of apples and the uses to
which each should be put;
(iv) Increase the knowledge of the health-giving qualities and dietetic value of apple products; and
(v) Support and engage in programs or activities that
benefit the production, handling, processing, marketing, and
uses of apples and apple products;
(d) That the apple industry is a highly regulated industry
and that this chapter and the rules adopted under it are only
one aspect of the regulation of the industry. Other regulations
and restraints applicable to the apple industry include:
(i) Washington agriculture general provisions, chapter
15.04 RCW;
(ii) Pests and diseases, chapter 15.08 RCW;
(iii) Standards of grades and packs, chapter 15.17 RCW;
(iv) Tree fruit research, chapter 15.26 RCW;
(v) Controlled atmosphere storage, chapter 15.30 RCW;
(vi) Higher education in agriculture, chapter 28.30
[28B.30] RCW;
(vii) Department of agriculture, chapter 43.23 RCW;
(viii) Fertilizers, minerals, and limes under chapter 15.54
RCW;
(ix) *Organic food products act under chapter 15.86
RCW;
(x) Intrastate commerce in food, drugs, and cosmetics
under chapter 69.04 RCW and rules;
(xi) Horticultural plants and facilities—Inspection and
licensing under chapter 15.13 RCW;
(xii) Planting stock under chapter 15.14 RCW;
(xiii) Washington pesticide control act under chapter
15.58 RCW;
(xiv) Farm marketing under chapter 15.64 RCW;
(xv) Insect pests and plant diseases under chapter 17.24
RCW;
(xvi) Weights and measures under chapter 19.94 RCW;
(xvii) Agricultural products—Commission merchants,
dealers, brokers, buyers, and agents under chapter 20.01
RCW; and
(xviii) The federal insecticide, fungicide, and rodenticide
act under 7 U.S.C. Sec. 136; and
(e) That this chapter is in the exercise of the police powers of this state for the purposes of protecting the health,
peace, safety, and general welfare of the people of this state.
[2002 c 313 § 134; 1961 c 11 § 15.24.900. Prior: 1937 c 195
§ 1; RRS § 2874-1.]
*Reviser’s note: The "organic food products act" was renamed the
"organic products act."
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.24.910 Liberal construction. This chapter shall be
liberally construed. [1961 c 11 § 15.24.910. Prior: 1937 c
195 § 17; RRS § 2874-17.]
15.24.910
15.24.920 Severability—1967 c 240. See note following RCW 43.23.010.
15.24.920
(2010 Ed.)
15.26.020
15.24.921 Severability—2004 c 178. If any section,
subsection, sentence, clause, or part of this act is for any reason held to be invalid or unconstitutional, the judicial decision does not affect the remainder of this act and its application to other persons or circumstances. The legislature
declares that each section, subsection, sentence, clause, and
part of this act was enacted with the intent that if any portion
of this act is severed, the remainder of this act is capable of
accomplishing its legislative purpose. [2004 c 178 § 16.]
15.24.921
Chapter 15.26
Chapter 15.26 RCW
TREE FRUIT RESEARCH ACT
Sections
15.26.010
15.26.020
15.26.030
15.26.040
15.26.050
15.26.060
15.26.070
15.26.080
15.26.090
15.26.100
15.26.110
15.26.120
15.26.125
15.26.130
15.26.140
15.26.150
15.26.155
15.26.160
15.26.170
15.26.180
15.26.190
15.26.200
15.26.210
15.26.220
15.26.230
15.26.235
15.26.240
15.26.250
15.26.260
15.26.265
15.26.270
15.26.280
15.26.290
15.26.295
15.26.300
15.26.900
15.26.910
Short title.
Purpose.
Definitions.
Tree fruit research commission created—Membership.
Qualifications of members.
Appointment of members.
Terms of members.
Vacancies.
Quorum.
Compensation—Travel expenses.
Powers of commission.
Assessments levied—Referendum.
Assessment on cherries in excess of the fiscal growth factor
under chapter 43.135 RCW—Washington tree fruit research
commission.
List of producers.
Increase in assessments by referendum.
Additional assessments for special projects.
Additional assessment.
Suspension of assessments.
Payment of assessments required before purchase, receipt or
shipment of fruit.
Records of persons receiving fruit.
Return of dealers, handlers, and processors—Filing—Contents.
Assessments—When due and payable—Collection.
Assessments—Constitute personal debt.
Assessments—Failure to pay—Collection.
Disposition of moneys collected—Treasurer’s bond.
Collection, administration, and dispersal of funds for industry
service programs.
Nonliability of state, members, employees.
Collection of assessments for commission by apple commission and state fruit commission.
Legal costs and expenses to be borne by commission.
Funding staff support—Rules.
Copies of commission’s proceedings, records, acts as evidence.
Moneys collected retained by commission.
Contracts with public or private agencies to carry out chapter.
Certain records exempt from public disclosure—Exceptions—
Actions not prohibited by chapter.
Violations—Penalty.
Chapter cumulative.
Severability—1969 c 129.
15.26.010 Short title. This chapter shall be known and
cited as the "tree fruit research act." [1969 c 129 § 1.]
15.26.010
15.26.020 Purpose. The purpose of this chapter is for
the creation of a commission which shall promote and carry
on research and administer specific industry service programs, including but not limited to sanitation programs,
which will or may benefit the planting, production, harvesting, handling, processing or shipment of tree fruit of this
state, which shall collect assessments on tree fruit in this state
and which shall coordinate its research efforts with those of
15.26.020
[Title 15 RCW—page 37]
15.26.030
Title 15 RCW: Agriculture and Marketing
other state, federal, or private agencies doing similar
research. [1983 c 281 § 1; 1969 c 129 § 2.]
his or her income from the production of winter pears. [2010
c 8 § 6028; 1969 c 129 § 6.]
15.26.030 Definitions. As used in this chapter, unless a
different meaning is plainly required by the context:
(1) "Department" means the department of agriculture of
the state of Washington.
(2) "Director" means the director of the department of
agriculture or his or her duly authorized representative.
(3) "Person" means any natural persons, firm, partnership, exchange, association, trustee, receiver, corporation,
and any member, officer, or employee thereof or assignee for
the benefit of creditors.
(4) "Producer" means any person who owns or is
engaged in the business of commercially producing tree fruit
or has orchard plantings intended for commercial tree fruit
production.
(5) "Sanitation program" means a program designed to
eliminate pests and/or plants or trees which serve as hosts to
pests or diseases of tree fruits. [2010 c 8 § 6025; 1983 c 281
§ 2; 1969 c 129 § 3.]
15.26.070 Terms of members. The terms of the members of commission shall be staggered and each shall serve
for a term of three years and until their successor has been
appointed and qualified: PROVIDED, That the first appointments to the commission beginning July 30, 1969, shall be
for the following terms:
(1) Positions one, four, and seven, one year.
(2) Positions two, five, and eight, two years.
(3) Positions three, six, and nine, three years. [1969 c
129 § 7.]
15.26.030
15.26.070
15.26.080 Vacancies. In the event a commission member resigns, is disqualified, or vacates his or her position on
the commission for any other reason, the appointing agency
that originally appointed such member shall within sixty days
appoint a new member to fill the term of the vacated member.
[2010 c 8 § 6029; 1969 c 129 § 8.]
15.26.080
15.26.090 Quorum. A majority of the members of the
commission shall constitute a quorum for the transaction of
all business and carrying out the duties of the commission:
PROVIDED, That on all fiscal matters, approval for passage
must be by at least two-thirds majority of the said quorum.
[1969 c 129 § 9.]
15.26.090
15.26.040 Tree fruit research commission created—
Membership. There is hereby created the Washington tree
fruit research commission, to be thus known and designated.
The commission shall be composed of nine members. Three
members to be appointed by the Washington state fruit commission, five members to be appointed by the Washington
apple commission, and one member representing the winter
pear industry to be appointed by the director. The director or
his or her duly authorized representative shall be ex officio
member with a vote, to represent all assessed commodities.
The appointed members of the commission shall serve at the
will of their respective appointers even though appointed for
specific terms as set forth in RCW 15.26.070. [2010 c 8 §
6026; 1969 c 129 § 4.]
15.26.040
15.26.050 Qualifications of members. Nine members
of the commission shall be producers who are citizens and
residents of this state. Each producer member shall be over
the age of twenty-five years and have been actively engaged
in growing tree fruits in this state and deriving a substantial
portion of his or her income therefrom, or having a substantial amount of orchard acreage devoted to tree fruit production or as an owner, lessee, partner or an employee or officer
of a firm engaged in the production of tree fruit whose
responsibility to such firm shall be primarily in the production of tree fruit. Such employee or officer of such firm shall
be actually engaged in such duties relating to the production
of tree fruit with such firm or any other such firm for a period
of at least five years. The qualifications of the members of
the commission set forth in this section shall continue during
their term of office. [2010 c 8 § 6027; 1969 c 129 § 5.]
15.26.050
15.26.060 Appointment of members. The Washington
apple commission shall appoint producer members to positions one through five on the commission. The Washington
state fruit commission shall appoint producer members to
positions six through eight on the commission. The director
shall appoint a producer who derives a substantial portion of
15.26.060
[Title 15 RCW—page 38]
15.26.100 Compensation—Travel expenses. Each
member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for
actual travel expenses incurred in carrying out the provisions
of this chapter. Employees of the commission may also be
reimbursed for actual travel expenses when out of state on
official commission business. [1984 c 287 § 13; 1975-’76
2nd ex.s. c 34 § 13; 1969 c 129 § 10.]
15.26.100
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Additional notes found at www.leg.wa.gov
15.26.110 Powers of commission. The powers of the
commission shall include the following:
(1) To elect a chair, treasurer, and such other officers as
it deems advisable;
(2) To adopt any rules necessary to carry out the purposes and provisions of this chapter, in conformance with the
provisions of the administrative procedure act, chapter 34.05
RCW, as enacted or hereafter amended;
(3) To administer and carry out the provisions of this
chapter and do all those things necessary to carry out its purposes;
(4) To employ and at its pleasure discharge a manager,
secretary, agents, and employees as it deems necessary, and
prescribe their duties and fix their compensation;
(5) To own, lease, or contract for any real or personal
property necessary to carry out the purposes of this chapter,
and transfer and convey the same;
(6) To establish offices and incur expenses and enter into
contracts and to create such liabilities as may be reasonable
for administration and enforcement of this chapter;
15.26.110
(2010 Ed.)
Tree Fruit Research Act
(7) Make necessary disbursements for the operation of
the commission in carrying out the purposes and provisions
of this chapter;
(8) To employ, subject to the approval of the attorney
general, attorneys necessary, and to maintain in its own name
any and all legal actions, including actions for injunction,
mandatory injunctions, or civil recovery, or proceedings
before administrative tribunals or other government authorities necessary to carry out the purpose of this chapter;
(9) To carry on any research which will or may benefit
the planting, production, harvesting, handling, processing, or
shipment of any tree fruit subject to the provisions of this
chapter. To contract with any person, private or public, public agency, federal, state, or local, or enter into agreements
with other states or federal agencies, to carry on such
research jointly or enter into joint contracts with such states
or federal agencies or other recognized private or public
agencies, to carry on desired research provided for in this
chapter;
(10) To appoint annually, ex officio commission members without a vote who are experts in research whether public or private in any area concerning or related to tree fruit to
serve at the pleasure of the commission;
(11) To establish a foundation using commission funds
as grant money for the benefit of the tree fruit industry. The
foundation may use commission funds for the purposes
authorized by this chapter;
(12) To enter into contracts or interagency agreements
with any private or public agency, whether federal, state, or
local, to carry out the purposes provided in this chapter. Personal service contracts must comply with chapter 39.29
RCW;
(13) To acquire or own intellectual property rights,
licenses, or patents and to collect royalties resulting from
commission-funded research;
(14) To engage in appropriate fund-raising activities for
the purpose of supporting activities of the commission authorized by this chapter;
(15) To accept and expend or retain any gift, bequest,
contribution, or grant from private persons or private and
public agencies to carry out the purposes provided in this
chapter; and
(16) Such other powers and duties that are necessary to
carry out the purpose of this chapter. [2010 c 78 § 1; 2010 c
8 § 6030; 1969 c 129 § 11.]
Reviser’s note: This section was amended by 2010 c 8 § 6030 and by
2010 c 78 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
15.26.120 Assessments levied—Referendum. There
is hereby levied on all commercial tree fruit produced in this
state or held out as being produced in this state for fresh or
processing use, an assessment, initially not to exceed ten
cents per ton on all such tree fruits, except that such assessment for apples for fresh shipment shall be at the rate of onehalf cent per one hundred pounds gross billing weight. Such
assessment on all such commercial tree fruit shall not become
effective until approved by a majority of such commercial
producers of tree fruit voting in a referendum conducted
jointly by the *apple advertising commission, Washington
15.26.120
(2010 Ed.)
15.26.130
state fruit commission and the department. The respective
commissions shall supply all known producers of tree fruits
subject to their respective commissions with a ballot for the
referendum and the department shall supply all known tree
fruit producers not subject to either of the commissions with
a ballot wherein all known producers may approve or disapprove such assessment. The commission may waive the payment of assessments by any class of producers of minimal
amounts of tree fruit when the commission determines subsequent to a hearing that the cost of collecting and keeping
records of such assessments is disproportionate to the return
to the commission. [1969 c 129 § 12.]
*Reviser’s note: The "Washington state apple advertising commission" was renamed the "Washington apple commission" by 2002 c 313 §
115.
Collection by the Washington apple commission: RCW 15.24.110.
15.26.125 Assessment on cherries in excess of the fiscal growth factor under chapter 43.135 RCW—Washington tree fruit research commission. The Washington tree
fruit research commission may raise the assessment on cherries in excess of the fiscal growth factor under chapter 43.135
RCW from the assessment of two dollars per ton in effect
under chapter 16-560 WAC on July 1, 1995, to four dollars
per ton. The commission may also establish an additional
assessment on all tree fruits under RCW 15.26.155 of not
more than eight cents per ton.
The assessment limits established by this section are set
solely to provide prior legislative authority for the purposes
of RCW 43.135.055 and may not be construed as providing a
limitation on the authority of the tree fruit research commission to alter assessments in any manner not limited by RCW
43.135.055. However, any alteration in assessments made
under the authority of this section shall be made in compliance with the procedural requirements established by this
chapter for altering or amending such assessments. [1995 c
109 § 2.]
15.26.125
Additional notes found at www.leg.wa.gov
15.26.130 List of producers. The Washington apple
commission and the Washington state fruit commission shall
supply the director with a list of known producers subject to
paying assessments to the respective commissions. The
director, in addition, shall at the commission’s cost compile a
list of known tree fruit producers producing fruit not subject
to assessments of the Washington apple commission and the
Washington state fruit commission but subject to assessments
or becoming subject to assessments under the provisions of
this chapter. In compiling such list the director shall publish
notice to producers of such tree fruit, requiring them to file
with the director a report giving the producer’s name, mailing
address and orchard location. The notice shall be published
once a week for four consecutive weeks in weekly or daily
newspapers of general circulation in the area or areas where
such tree fruit is produced. All producer reports shall be filed
with the director within twenty days from the date of last publication of notice or thirty days of mailing notice to producers
of such tree fruit, whichever is later. The director shall for the
purpose of conducting any referendum affecting tree fruits
subject to the provisions of this chapter keep such list up to
date when conducting such referendum. Every person who
15.26.130
[Title 15 RCW—page 39]
15.26.140
Title 15 RCW: Agriculture and Marketing
becomes a producer after the list is compiled shall file with
the director a similar report, giving his or her name, mailing
address and orchard location. Such list shall be final and conclusive in conducting referendums and failure to notify a producer shall not be cause for the invalidation of any referendum. [2002 c 313 § 135; 1969 c 129 § 13.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.26.140 Increase in assessments by referendum.
The producers of tree fruit subject to the provisions of this
chapter may subsequent to approving initial assessment
increase such assessment by referendum when approved by a
majority of the producers voting. [1969 c 129 § 14.]
15.26.140
15.26.150 Additional assessments for special
projects. The producers of any specific tree fruit subject to
the provisions of this chapter may at any time by referendum
conducted by the department and approved by a majority of
the producers voting of such specific tree fruit establish an
additional assessment on such specific tree fruit for special
research projects of special interest to such specific tree fruit.
[1969 c 129 § 15.]
15.26.150
15.26.190 Return of dealers, handlers, and processors—Filing—Contents. Every dealer, handler, and processor shall at such times as the commission may by rule or regulation require, file with the commission a return under oath
on forms to be prescribed and furnished by the commission,
stating the quantity of tree fruit, subject to the provisions of
this chapter, handled, shipped, or processed by him or her
during the period or periods of time prescribed by the commission. Such return shall contain such further information
as may be necessary to carry out the objects and purposes of
this chapter. [2010 c 8 § 6033; 1969 c 129 § 19.]
15.26.190
15.26.200 Assessments—When due and payable—
Collection. Such assessments on tree fruits shall be due and
payable by the producer thereof by the end of the next business day that such tree fruits are sold or shipped for sale
unless such time is extended as provided for in RCW
15.26.210 by rule or regulation of the commission. The commission may by rule or regulation provide that such assessments shall be collected from the producer and remitted by
the person purchasing, or receiving such tree fruit for sale,
processing, or shipment anywhere. [1969 c 129 § 20.]
15.26.200
15.26.210 Assessments—Constitute personal debt.
Any due and payable assessments herein levied shall constitute a personal debt of every person so assessed or who otherwise owes the same and shall be due and payable as provided for in RCW 15.26.200, unless the commission by rules
or regulations provides for payment to be made not later than
thirty days after the time set forth in RCW 15.26.200: PROVIDED, That such extension of time shall not apply to any
person who is in arrears in his or her payments to the commission. [2010 c 8 § 6034; 1969 c 129 § 21.]
15.26.210
15.26.155 Additional assessment. The producers of
tree fruit subject to the provisions of this chapter may at any
time, by referendum conducted by the department and
approved by a majority of the producers voting, establish an
additional assessment for programs including but not limited
to sanitation programs and the reregistration of plant protection products for use on minor crops. The members of the
commission may, subject to approval by two-thirds of the
voting members of the commission, suspend all or part of the
assessments on tree fruit under this section. [1991 c 257 § 2;
1983 c 281 § 3.]
15.26.155
15.26.160 Suspension of assessments. The members
of the commission may, subject to approval by two-thirds of
the voting members of the commission, suspend for a period
not exceeding one crop year at a time all or part of the assessments on tree fruit subject to the provisions of this chapter.
[1969 c 129 § 16.]
15.26.160
15.26.170 Payment of assessments required before
purchase, receipt or shipment of fruit. Such assessments
will be due from the producers. No person shall purchase, or
receive for sale, or shipment out of state any tree fruits subject to the provisions of this chapter until he or she has
received proof that the assessment due and payable the commission has been paid. [2010 c 8 § 6031; 1969 c 129 § 17.]
15.26.170
15.26.180 Records of persons receiving fruit. Any
person receiving commercial tree fruits from any producer
thereof or any producer of tree fruit who prepared or processed his or her own tree fruit for sale, or shipment for sale
shall keep complete and accurate records of all such tree fruit.
Such records shall meet the requirements of rules or regulations prescribed by the commission and shall be kept for two
years subject to inspection by duly authorized representatives
of the commission. [2010 c 8 § 6032; 1969 c 129 § 18.]
15.26.180
[Title 15 RCW—page 40]
15.26.220 Assessments—Failure to pay—Collection.
In the event any person fails to pay the full amount of such
assessment or such other sum on or before the due date, the
commission may add to such unpaid assessment or sum an
amount not more than ten percent but not less than one dollar
of the same to defray the cost of enforcing the collection of
such assessment, together with interest on the unpaid balance
of one percent per month commencing the first month following the month in which payment was due. In the event of
failure of such person or persons to pay any such due and
payable assessment or other such sum, the commission may
bring a civil action against such person or persons in a state
court of competent jurisdiction for the collection thereof,
together with the interest and the above specified ten percent
thereon, and such reasonable attorneys’ fees as may be
allowed by the court, and such action shall be tried and judgment rendered as in any other cause of action for debt due and
payable. [1969 c 129 § 22.]
15.26.220
15.26.230 Disposition of moneys collected—Treasurer’s bond. All money collected under the authority of
this chapter shall be paid to the treasurer of the commission,
and be deposited by him or her in banks designated by the
commission, and disbursed on the order of the commission.
The treasurer shall file with the commission a fidelity bond,
executed by a surety company authorized to do business in
15.26.230
(2010 Ed.)
Tree Fruit Research Act
this state, in favor of the state and the commission, jointly and
severally, in a sum to be fixed by the commission, but not less
than twenty-five thousand dollars, and conditioned upon his
or her faithful performance of his or her duties and his or her
strict accounting of all funds of the commission. RCW
43.01.050 shall not apply to money collected under this chapter. [2010 c 8 § 6035; 1969 c 129 § 23.]
15.26.235
15.26.235 Collection, administration, and dispersal
of funds for industry service programs. Funds collected
and expenditures made for specific industry service programs
shall be collected, administered, and dispersed separately
from all other funds authorized and collected for research by
the commission. The commission may appoint a committee
to advise them regarding the need for specific industry service programs and regarding the administration of the assessments collected under RCW 15.26.155. [1983 c 281 § 4.]
15.26.240
15.26.240 Nonliability of state, members, employees.
Obligations incurred by the commission shall be enforced
only against the assets of the commission in the same manner
as if it were a corporation and no liability for the debts or acts
of the commission shall exist against either the state of Washington, or against any member, officer, employee, or agent of
the commission in his or her individual capacity. The members of the commission including employees of the commission, shall not be held responsible individually in any way
whatsoever to any person for errors in judgment, mistakes or
other acts, either of commission or omission as principal,
agent, person or employee, except for their own individual
acts of dishonesty or crime. No such person or employee
shall be held responsible individually for any act or omission
of any other member of the commission. The liability of the
members of the commission shall not be several and joint and
no member shall be liable for the default of any other member. [2010 c 8 § 6036; 1969 c 129 § 24.]
15.26.295
Washington apple commission. [2002 c 313 § 136; 1969 c
129 § 25.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.26.260 Legal costs and expenses to be borne by
commission. All legal costs and expenses that may be
incurred in the collection of delinquent accounts owed this
commission shall be borne by the commission; except as provided for otherwise in RCW 15.26.220. [1969 c 129 § 26.]
15.26.260
15.26.265 Funding staff support—Rules. The director
may provide by rule for a method to fund staff support for all
commodity boards and commissions in accordance with
RCW 43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken
on behalf of an individual commodity board or commission.
The commission shall provide funds to the department
according to the rules adopted by the director. [2002 c 313 §
73.]
15.26.265
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.26.270 Copies of commission’s proceedings,
records, acts as evidence. Copies of the commission’s proceedings, records, and acts when certified by the secretary
and authenticated by the commission’s seal shall be admissible in all courts as prima facie evidence of the truth of all
statements therein. [1969 c 129 § 27.]
15.26.270
15.26.280 Moneys collected retained by commission.
All moneys collected by the commission under the provisions
of this chapter shall be retained by the commission for the
purpose of carrying out the purpose and provisions of this
chapter. The commission may accept and retain any moneys
from private persons or private or public agencies to carry out
the purposes and provisions of this chapter. [1969 c 129 §
28.]
15.26.280
15.26.290 Contracts with public or private agencies
to carry out chapter. The commission may enter into agreement or contract with any private person or any private or
public agency whether federal, state or local in order to carry
out the purposes and provisions of this chapter. [1969 c 129
§ 29.]
15.26.290
15.26.250
15.26.250 Collection of assessments for commission
by apple commission and state fruit commission. The
Washington apple commission and Washington state fruit
commission in order to avoid unnecessary duplication of
costs and efforts in collecting assessments for tree fruits at the
time said commissions collect assessments due under the provisions of their acts may also collect the assessment due the
commission on such tree fruit. Such assessments on winter
pears may be collected by the Washington state fruit commission or in a manner prescribed by the commission. Assessments collected for the commission by the Washington apple
commission and the Washington state fruit commission shall
be forwarded to the commissions expeditiously. No fee shall
be charged the commission for the collection of assessments
because the research conducted by the commission shall be
of direct benefit to all commercial growers of tree fruits in the
state of Washington. However, the commission shall reimburse at actual cost to the department or the Washington state
fruit commission or apple commission any assessment collected for the commission by such agencies for any tree fruit
subject to the provisions of this chapter, but not subject to pay
assessments to the Washington state fruit commission or the
(2010 Ed.)
15.26.295 Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter.
(1) Under RCW 42.56.380, certain agricultural business
records, commission records, and department of agriculture
records relating to the commission and producers of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records
submitted to either the department or the commission for the
purpose of administering this chapter may be shared between
the department and the commission. They may also be used,
if required, in any suit or administrative hearing involving
any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the
reports of persons subject to this chapter as long as the state15.26.295
[Title 15 RCW—page 41]
15.26.300
Title 15 RCW: Agriculture and Marketing
ments do not identify the information furnished by any person; or
(b) The publication by the director or the commission of
the name of any person violating this chapter and a statement
of the manner of the violation by that person. [2005 c 274 §
212; 2002 c 313 § 67.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.26.300 Violations—Penalty. (1) Except as provided
in subsection (2) of this section, any person violating any provision of this chapter or any rule or regulation adopted hereunder is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense. [2003
c 53 § 105; 1969 c 129 § 30.]
15.26.300
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
15.26.900 Chapter cumulative. The provisions of this
chapter shall be cumulative and nonexclusive and shall not
affect any other remedy. [1969 c 129 § 32.]
15.26.900
15.26.910 Severability—1969 c 129. If any provision
of this act or its application to any person or circumstances is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1969 c 129 § 33.]
15.26.910
Chapter 15.28
Chapter 15.28 RCW
SOFT TREE FRUITS
Sections
15.28.010
15.28.015
15.28.020
15.28.023
15.28.024
15.28.030
15.28.040
15.28.050
15.28.055
15.28.060
15.28.070
15.28.080
15.28.090
15.28.100
15.28.103
15.28.105
15.28.110
15.28.120
15.28.130
15.28.140
15.28.150
15.28.160
15.28.170
15.28.175
15.28.180
15.28.190
15.28.200
15.28.210
15.28.220
Definitions.
Regulating soft tree fruits—Commission created—Existing
comprehensive scheme—Applicable laws.
Commission composition—Voting—Quorum.
Director appoints members—Nominations—Advisory vote.
Transition to director appointed commission.
Qualifications of voting members.
Appointment of voting members—Positions.
Terms of office.
Terms of present members.
Nominating meetings—Notice—Appointment—Ballots—
Advisory vote—Eligible voters.
Establishment of subdistricts—Rules and regulations.
Vacancies on commission—How filled.
Compensation of members—Travel expenses.
Powers of commission.
Commission’s plans, programs, and projects—Director’s
approval required.
Commission speaks for state—Director’s oversight.
Duties of commission.
Copies of records as evidence.
State, personal, nonliability—Obligations limited by collections—Defense to certain civil or criminal actions.
District advisory and state commodity committees.
Committee organization—Duties.
Annual assessment—Exemption—Brined sweet cherries
assessable.
Research and advertising—Power to increase assessment.
Promotional printing and literature—Contracts.
Increase of assessment for specific fruit or classification—Procedure.
Deposit of funds—Treasurer’s bond.
Use of funds—Contributions.
Records kept—Preservation—Inspection of.
Returns to commission.
[Title 15 RCW—page 42]
15.28.230
15.28.240
15.28.250
15.28.260
15.28.270
15.28.280
15.28.290
15.28.300
15.28.305
15.28.310
15.28.315
15.28.320
15.28.325
15.28.901
15.28.910
Due date of assessments—Delinquent penalty.
Collection rules—Use of "stamps."
Responsibility for payment of assessments—Due upon
receipt—Delinquencies—Civil action.
Publications by commission—Subscriptions.
Violations—Penalty.
Venue of actions—Jurisdiction of courts.
Duty to enforce.
Rules and regulations—Filing—Publication.
Rule making—Exemptions.
Authority to agents of commission to inspect.
Certain records exempt from public disclosure—Exceptions—
Actions not prohibited by chapter.
Funding staff support—Rules.
Costs of implementing RCW 15.28.103.
Severability—2004 c 99.
Liberal construction.
15.28.010 Definitions. As used in this chapter:
(1) "Commission" means the Washington state fruit
commission.
(2) "Shipment" or "shipped" includes loading in a conveyance to be transported to market for resale, and includes
delivery to a processor or processing plant, but does not
include movement from the orchard where grown to a packing or storage plant within this state for fresh shipment;
(3) "Handler" means any person who ships or initiates
the shipping operation, whether as owner, agent or otherwise;
(4) "Dealer" means any person who handles, ships, buys,
or sells soft tree fruits other than those grown by him or her,
or who acts as sales or purchasing agent, broker, or factor of
soft tree fruits;
(5) "Processor" or "processing plant" includes every person or plant receiving soft tree fruits for the purpose of drying, dehydrating, canning, pressing, powdering, extracting,
cooking, quick-freezing, brining, or for use in manufacturing
a product;
(6) "Soft tree fruits" mean Bartlett pears and all varieties
of cherries, apricots, prunes, plums, and peaches, which
includes all varieties of nectarines. "Bartlett pears" means
and includes all standard Bartlett pears and all varieties,
strains, subvarieties, and sport varieties of Bartlett pears
including Red Bartlett pears, that are harvested and utilized at
approximately the same time and approximately in the same
manner.
(7) "Commercial fruit" or "commercial grade" means
soft tree fruits meeting the requirements of any established or
recognized fresh fruit or processing grade. Fruit bought or
sold on orchard run basis and not subject to cull weighback
shall be deemed to be "commercial fruit."
(8) "Cull grade" means fruit of lower than commercial
grade except when such fruit included with commercial fruit
does not exceed the permissible tolerance permitted in a commercial grade;
(9) "Producer" means any person who is a grower of any
soft tree fruit;
(10) "District No. 1" or "first district" includes the counties of Chelan, Okanogan, Grant, Douglas, Ferry, Stevens,
Pend Oreille, Spokane and Lincoln;
(11) "District No. 2" or "second district" includes the
counties of Kittitas, Yakima, and Benton county north of the
Yakima river;
(12) "District No. 3" or "third district" comprises all of
the state not included in the first and second districts;
15.28.010
(2010 Ed.)
Soft Tree Fruits
(13) "Mail" or "send" for purposes of any notice relating
to rule making, referenda, or elections means regular mail or
electronic distribution, as provided in RCW 34.05.260 for
rule making. "Electronic distribution" or "electronically"
means distribution by electronic mail or facsimile mail;
(14) "Department" means the department of agriculture;
(15) "Director" means the director of agriculture. [2002
c 313 § 104; 1989 c 354 § 27; 1973 c 11 § 1; 1963 c 51 § 1;
1961 c 11 § 15.28.010. Prior: 1955 c 47 § 1; 1947 c 73 § 1;
Rem. Supp. 1947 § 2909-10.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Additional notes found at www.leg.wa.gov
15.28.015 Regulating soft tree fruits—Commission
created—Existing comprehensive scheme—Applicable
laws. The history, economy, culture, and the future of Washington state’s agriculture involves the production of soft tree
fruits. In order to develop and promote Washington’s soft
tree fruits as part of an existing comprehensive regulatory
scheme the legislature declares:
(1) That the Washington state fruit commission is created;
(2) That it is vital to the continued economic well-being
of the citizens of this state and their general welfare that its
soft tree fruits be properly promoted by (a) enabling the soft
tree fruit industry to help themselves in establishing orderly,
fair, sound, efficient, and unhampered cooperative marketing, grading, and standardizing of soft tree fruits they produce; and (b) working to stabilize the soft tree fruit industry
by increasing consumption of soft tree fruits within the state,
the nation, and internationally;
(3) That producers of soft tree fruits operate within a regulatory environment that imposes burdens on them for the
benefit of society and the citizens of the state and includes
restrictions on marketing autonomy. Those restrictions may
impair the producers of soft tree fruits in their ability to compete in local, domestic, and foreign markets;
(4) That it is in the overriding public interest that support
for the soft tree fruit industry be clearly expressed, that adequate protection be given to agricultural commodities, uses,
activities, and operations, and that soft tree fruits be promoted individually, and as part of a comprehensive industry
to:
(a) Enhance the reputation and image of Washington
state’s agriculture industry;
(b) Increase the sale and use of Washington state’s soft
tree fruits in local, domestic, and foreign markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production
of Washington state’s soft tree fruits;
(d) Increase the knowledge of the health-giving qualities
and dietetic value of soft tree fruits;
(e) Support and engage in cooperative programs or activities that benefit the production, handling, processing, marketing, and uses of soft tree fruits produced in Washington
state;
(5) That this chapter is enacted in the exercise of the
police powers of this state for the purpose of protecting the
health, peace, safety, and general welfare of the people of this
15.28.015
(2010 Ed.)
15.28.020
state and to stabilize and protect the soft tree fruit industry of
the state; and
(6) That the production and marketing of soft tree fruit is
a highly regulated industry and that the provisions of this
chapter and the rules adopted under it are only one aspect of
the regulated industry. Other regulations and restraints applicable to the soft tree fruit industry include:
(a) The federal marketing order under 7 C.F.R. Part 922
(apricots);
(b) The federal marketing order under 7 C.F.R. Part 923
(sweet cherries);
(c) The federal marketing order under 7 C.F.R. Part 924
(prunes);
(d) The federal marketing order under 7 C.F.R. Part 930
(tart cherries);
(e) The federal marketing order under 7 C.F.R. Part 931
(Bartlett pears);
(f) Tree fruit research act under chapter 15.26 RCW;
(g) Controlled atmosphere storage of fruits and vegetables under chapter 15.30 RCW;
(h) *Organic food products act under chapter 15.86
RCW;
(i) Intrastate commerce in food, drugs, and cosmetics
under chapter 69.04 RCW and rules;
(j) Washington food processing act under chapter 69.07
RCW;
(k) Washington food storage warehouses act under chapter 69.10 RCW;
(l) Weighmasters under chapter 15.80 RCW;
(m) Horticultural pests and diseases under chapter 15.08
RCW;
(n) Horticultural plants and facilities—Inspection and
licensing under chapter 15.13 RCW;
(o) Planting stock under chapter 15.14 RCW;
(p) Standards of grades and packs under chapter 15.17
RCW;
(q) Washington pesticide control act under chapter 15.58
RCW;
(r) Farm marketing under chapter 15.64 RCW;
(s) Insect pests and plant diseases under chapter 17.24
RCW;
(t) Weights and measures under chapter 19.94 RCW;
(u) Agricultural products—Commission merchants,
dealers, brokers, buyers, and agents under chapter 20.01
RCW; and
(v) Rules under the Washington Administrative Code,
Title 16. [2002 c 313 § 103.]
*Reviser’s note: The "organic food products act" was renamed the
"organic products act."
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.28.020 Commission composition—Voting—Quorum. The commission is composed of seventeen voting
members, as follows: Ten producers, four dealers, and two
processors, who are appointed as provided in this chapter.
The director, or an authorized representative, shall be a voting member of the commission. Other sections of this chapter that relate to the selection of voting members shall not
apply to the director or his or her authorized representative.
A majority of the voting members constitute a quorum
for the transaction of any business. [2003 c 396 § 13; 2002 c
15.28.020
[Title 15 RCW—page 43]
15.28.023
Title 15 RCW: Agriculture and Marketing
313 § 105; 1967 c 191 § 1; 1961 c 11 § 15.28.020. Prior: (i)
1947 c 73 § 2; Rem. Supp. 1947 § 2901-11. (ii) 1947 c 73 §
9; Rem. Supp. 1947 § 2909-18. (iii) 1947 c 73 § 13, part;
Rem. Supp. 1947 § 2909-22, part.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
Additional notes found at www.leg.wa.gov
agement level, or managing agent of an organization, as a
dealer. Each processor member must be engaged, either individually or as an executive officer, employee on a management level, sales manager, or managing agent of an organization, as a processor. Only one dealer member may be in the
employ of any one person or organization engaged in business as a dealer. Only one processor member may be in the
employ of any one person or organization engaged in business as a processor. Said qualifications must continue
throughout each member’s term of office. [2010 c 8 § 6037;
1967 c 191 § 2; 1961 c 11 § 15.28.030. Prior: 1947 c 73 § 3;
Rem. Supp. 1947 § 2909-12.]
15.28.023 Director appoints members—Nominations—Advisory vote. (1) The director shall appoint the
members of the commission.
(2) Candidates for positions on the commission shall be
nominated under RCW 15.28.060.
(3) Not less than sixty days nor more than seventy-five
days prior to the commencement of a commission member’s
term, the director shall cause an advisory vote to be held for
the director-appointed positions. Advisory ballots shall be
mailed to all affected producers and shall be returned to the
director not less than thirty days prior to the commencement
of the term. The advisory ballot shall be conducted in a manner so that it is a secret ballot. The names of the two candidates receiving the most votes in the advisory vote shall be
forwarded to the director for potential appointment to the
commission. In the event there are only two candidates nominated for a position, an advisory vote may not be held and
the candidates’ names shall be forwarded to the director for
potential appointment. If only one candidate is nominated for
a position, the commission shall select a second candidate
whose name will be forwarded to the director.
(4) Any candidate whose name is forwarded to the director for potential appointment shall submit to the director a letter stating why he or she wishes to be appointed to the commission. The director may select either person for the position. [2003 c 396 § 16.]
15.28.040 Appointment of voting members—Positions. Of the producer members, four shall be appointed
from the first district and occupy positions one, two, three
and four; four shall be appointed from the second district and
occupy positions five, six, seven and eight, and two shall be
appointed from the third district and occupy positions nine
and ten.
Of the dealer members, two shall be appointed from each
of the first and second districts and respectively occupy positions eleven and twelve from the first district and positions
thirteen and fourteen from the second district.
The processor members shall be appointed from the state
at large and occupy positions fifteen and sixteen. The dealer
member position previously referred to as position twelve
shall henceforth be position thirteen. The processor member
position heretofore referred to as position fourteen shall cease
to exist on March 21, 1967. The processor member position
heretofore referred to as thirteen shall be known as position
sixteen. [2003 c 396 § 14; 1967 c 191 § 3; 1961 c 11 §
15.28.040. Prior: 1947 c 73 § 4; Rem. Supp. 1947 § 290913.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective date—2003 c 396: See note following RCW 15.66.030.
15.28.024 Transition to director appointed commission. To accomplish the transition to a commission structure
where the director appoints a majority of commission members, the names of the currently elected commission members
shall be forwarded to the director for appointment to the commission within thirty days of May 20, 2003. Thereafter, the
director shall appoint commission members pursuant to
RCW 15.28.023 as the current commission member terms
expire. [2003 c 396 § 17.]
15.28.050 Terms of office. The regular term of office
of the members of the commission shall be three years commencing on May 1, following the date of appointment and
until their successors are appointed and qualified, except,
however, that the first term of dealer position twelve in the
first district shall be for two years and expire May 1, 1969.
[2003 c 396 § 15; 1967 c 191 § 4; 1961 c 11 § 15.28.050.
Prior: 1947 c 73 § 5; Rem. Supp. 1947 § 2909-14.]
15.28.023
15.28.024
Effective date—2003 c 396: See note following RCW 15.66.030.
15.28.040
15.28.050
Effective date—2003 c 396: See note following RCW 15.66.030.
15.28.055 Terms of present members. Present members of the state fruit commission as provided for in RCW
15.28.020 shall serve until the first day of May of the year in
which their terms would ordinarily expire and until their successors are elected and qualified. [1967 c 191 § 8.]
15.28.055
15.28.030 Qualifications of voting members. All voting members must be citizens and residents of this state.
Each producer member must be over the age of twenty-five
years, and be, and for five years have been, actively engaged
in growing soft tree fruits in this state, and deriving a substantial portion of his or her income therefrom, or have a substantial amount of orchard acreage devoted to soft tree fruit production as an owner, lessee, partner, or a stockholder owning
at least ten percent of the voting stock in a corporation
engaged in the production of soft tree fruit. He or she cannot
be engaged directly in business as a dealer. Each dealer
member must be actively engaged, either individually or as
an executive officer, employee or sales manager on a man15.28.030
[Title 15 RCW—page 44]
15.28.060 Nominating meetings—Notice—Appointment—Ballots—Advisory vote—Eligible voters. The
director shall call meetings at times and places concurred
upon by the director and the commission for the purpose of
nominating producer, dealer or processor members for potential appointment to the commission when such members’
terms are about to expire. Notice of such meetings shall be
given at least sixty days prior to the time the respective mem15.28.060
(2010 Ed.)
Soft Tree Fruits
bers’ term is about to expire. The nominating meetings shall
be held at least sixty days prior to the expiration of the respective members’ term of office.
Notice shall be given by the commission by mail to all
known persons having a right to vote for such respective
nominee’s potential appointment to the commission.
Further, the commission shall publish notice at least
once in a newspaper of general circulation in the district
where the nomination is to be held. Such a newspaper may
be published daily or weekly. The failure of any person entitled to receive notice of such nominating meeting shall not
invalidate such nominating meeting or the appointment of a
member nominated at such meeting.
Any person qualified to serve on the commission may be
nominated orally at the nomination meetings. Written nominations, signed by five persons qualified to vote for the said
nominee, may be made for five days subsequent to the nomination meeting. Such written nominations shall be filed with
the commission at its Yakima office.
The director shall cause an advisory vote to be held for
commission positions. The advisory vote shall be by secret
mail ballot. Persons qualified to vote for members of the
commission shall, except as otherwise provided by law or
rule or regulation of the commission, vote only in the district
in which their activities make them eligible to vote for a
potential member of the commission.
A producer to be eligible to vote in the advisory vote for
a nominee as a producer member of the commission must be
a commercial producer of soft tree fruits paying assessments
to the commission.
When a legal entity acting as a producer, dealer, or processor is qualified to vote for a candidate in any district or
area to serve in a specified position on the commission, such
legal entity may cast only one vote for such candidate,
regardless of the number of persons comprising such legal
entity or stockholders owning stock therein. [2003 c 396 §
18; 1967 c 191 § 6; 1963 c 51 § 2; 1961 c 11 § 15.28.060.
Prior: 1947 c 73 § 6; Rem. Supp. 1947 § 2909-15.]
15.28.103
qualification, death, or for any other reason, such position,
until the next annual nominating meeting, shall be filled by
vote of the remaining members of the commission. Following the next annual nomination meeting, the director shall
appoint one of the two nominees selected by advisory ballot
to fill the balance of the unexpired term. [2003 c 396 § 20;
1961 c 11 § 15.28.080. Prior: 1947 c 73 § 8; Rem. Supp.
1947 § 2909-17.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.28.090 Compensation of members—Travel
expenses. Each member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for actual travel expenses incurred in carrying out the
provisions of this chapter. Employees of the commission may
also be reimbursed for actual travel expenses when out of
state on official commission business. [1984 c 287 § 14;
1975-’76 2nd ex.s. c 34 § 14; 1967 c 191 § 5; 1961 c 11 §
15.28.090. Prior: 1947 c 73 § 10; Rem. Supp. 1947 § 290919.]
15.28.090
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Additional notes found at www.leg.wa.gov
Effective date—2003 c 396: See note following RCW 15.66.030.
15.28.100 Powers of commission. The Washington
state fruit commission is hereby declared and created a corporate body. The commission has power:
(1) To exercise all of the powers of a corporation;
(2) To elect a chair and such other officers as it may
deem advisable;
(3) To adopt, amend, or repeal, from time to time, necessary and proper rules, regulations, and orders for the performance of its duties, which rules, regulations, and orders shall
have the force of laws when not inconsistent with existing
laws;
(4) To employ, and at its pleasure discharge, such attorneys, advertising manager, agents or agencies, clerks and
employees, as it deems necessary and fix their compensation;
(5) To establish offices, and incur such expenses, enter
into such contracts, and create such liabilities, as it deems
reasonably necessary for the proper administration of this
chapter;
(6) To accept contributions of, or match private, state, or
federal funds available for research, and make contributions
to persons or state or federal agencies conducting such
research;
(7) To administer and enforce this chapter, and do and
perform all acts and exercise all powers deemed reasonably
necessary, proper, or advisable to effectuate the purposes of
this chapter, and to perpetuate and promote the general welfare of the soft tree fruit industry of this state;
(8) To sue and be sued. [2010 c 8 § 6038; 1961 c 11 §
15.28.100. Prior: (i) 1947 c 73 § 13, part; Rem. Supp. 1947
§ 2909-22, part. (ii) 1947 c 73 § 15, part; Rem. Supp. 1947 §
2909-24, part. (iii) 1947 c 73 § 17, part; Rem. Supp. 1947 §
2909-26, part.]
15.28.080 Vacancies on commission—How filled. In
the event a position becomes vacant due to resignation, dis-
15.28.103 Commission’s plans, programs, and
projects—Director’s approval required. (1) The commis-
Effective date—2003 c 396: See note following RCW 15.66.030.
15.28.070 Establishment of subdistricts—Rules and
regulations. The commission shall have the authority, subject to the provisions of chapter 34.05 RCW (Administrative
Procedure Act), for adopting rules and regulations, after public hearing, establishing one or more subdistricts in any one
of the three districts. Such subdistricts shall include a substantial portion of the soft tree fruit producing area in the district in which they are formed.
The commission shall, when a subdistrict has been
formed within one of the districts as in this section provided
for, assign one of the districts’ producer positions on the
commission to said subdistrict. Such producer position may
only be filled by a producer residing in such subdistrict,
whether by apportionment or appointment. [2003 c 396 § 19;
1967 c 191 § 7; 1961 c 11 § 15.28.070. Prior: 1947 c 73 § 7;
Rem. Supp. 1947 § 2909-16.]
15.28.070
15.28.080
(2010 Ed.)
15.28.100
15.28.103
[Title 15 RCW—page 45]
15.28.105
Title 15 RCW: Agriculture and Marketing
sion shall develop and submit to the director for approval any
plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and
administration of appropriate programs or projects for the
advertising and promotion of the affected commodities; and
(b) The establishment and effectuation of market
research projects, market development projects, or both to the
end that the marketing and utilization of the affected commodities may be encouraged, expanded, improved, or made
more efficient.
(2) The director shall review the commission’s advertising or promotion program to ensure that no false claims are
being made concerning the affected commodities.
(3) The commission, prior to the beginning of its fiscal
year, shall prepare and submit to the director for approval its
research plan, its commodity-related education and training
plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a
timely manner. [2003 c 396 § 21.]
Supp. 1947 § 2909-24, part. (iv) 1947 c 73 § 17, part; Rem.
Supp. 1947 § 2909-26, part.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.28.120 Copies of records as evidence. Copies of
the commission’s proceedings, records, and acts, when certified by the secretary and authenticated by the corporate seal,
shall be admissible in all courts as prima facie evidence of the
truth of all statements therein. [1961 c 11 § 15.28.120. Prior:
1947 c 73 § 13, part; Rem. Supp. 1947 § 2909-22, part.]
15.28.120
15.28.105 Commission speaks for state—Director’s
oversight. The commission exists primarily for the benefit
of the people of the state of Washington and its economy.
The legislature hereby charges the commission, with oversight by the director, to speak on behalf of Washington state
government with regard to its particular commodities. [2003
c 396 § 22.]
15.28.130 State, personal, nonliability—Obligations
limited by collections—Defense to certain civil or criminal actions. Neither the state, nor any member, agent, or
employee of the commission, is liable for the acts of the commission, or upon its contracts.
All salaries, expenses, costs, obligations, and liabilities
of the commission, and claims arising from the administration of this chapter, are payable only from funds collected
under this chapter.
In any civil or criminal action or proceeding for violation
of any rule of [or] statutory or common law against monopolies or combinations in restraint of trade, including any action
under chapter 19.86 RCW, proof that the act complained of
was done in compliance with the provisions of this chapter,
and in furtherance of the purposes and provisions of this
chapter, is a complete defense to such an action or proceeding. [2002 c 313 § 107; 1961 c 11 § 15.28.130. Prior: 1947
c 73 § 16; Rem. Supp. 1947 § 2909-25.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.28.110 Duties of commission. The commission’s
duties are:
(1) To adopt a commission seal;
(2) To elect a secretary-manager and a treasurer, and fix
their compensation. The same person may be elected to both
offices;
(3) To establish classifications of soft tree fruits;
(4) To conduct scientific research and develop the
healthful, therapeutic, and dietetic value of fruits, and promote the general welfare of the soft tree fruit industry of the
state;
(5) To conduct a comprehensive advertising and educational campaign to effectuate the objects of this chapter;
(6) To increase the production, and develop and expand
the markets, and improve the handling and quality of fruits;
(7) To keep accurate accounts and records of all of its
dealings, which shall be open to inspection and audit by the
state auditor;
(8) To investigate and prosecute violations of this chapter; and
(9) To serve as an advisory committee to the director
with regard to the adoption and enforcement of rules:
(a) Governing the grading, packing, and size and dimensions of commercial containers of soft tree fruits; and
(b) Fixing commercial grades of soft tree fruits and the
issuance of certificates of inspection for those fruits. [2002 c
313 § 106; 1961 c 11 § 15.28.110. Prior: (i) 1947 c 73 § 13,
part; Rem. Supp. 1947 § 2909-22, part. (ii) 1947 c 73 § 14;
Rem. Supp. 1947 § 2909-23. (iii) 1947 c 73 § 15, part; Rem.
15.28.140 District advisory and state commodity
committees. There shall be separate district advisory committees and separate state commodity committees for each of
the following soft tree fruits, to wit: Bartlett pears, peaches,
apricots, prunes and plums, and cherries. The growers, dealers, or processors of each of the soft tree fruits, at their
respective annual district meetings may elect separate district
advisory committees for each of the soft tree fruits grown,
handled, or processed in their respective districts. The district
advisory committee shall consist of five members comprising
three growers, one dealer and one processor of the respective
soft tree fruit groups. Each state commodity committee shall
consist of two members from, and selected by, each district
advisory committee for each soft fruit. [1961 c 11 §
15.28.140. Prior: 1947 c 73 § 11; Rem. Supp. 1947 § 290920.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.28.105
15.28.110
[Title 15 RCW—page 46]
15.28.130
15.28.140
15.28.150 Committee organization—Duties. Each
district advisory committee and each state commodity committee shall select one of its members as chair. Meetings may
be called by the chair or by any two members of any committee by giving reasonable written notice of the meeting to each
member of such committee. A majority of the members shall
be necessary to constitute a quorum. The district advisory
committees and state commodity committees shall consult
with and advise the commission on matters pertaining to the
soft tree fruits which they respectively represent, and the
commission shall give due consideration to their recommendations. Any grower, dealer, or processor, if qualified, may
15.28.150
(2010 Ed.)
Soft Tree Fruits
be a member of more than one committee. [2010 c 8 § 6039;
1961 c 11 § 15.28.150. Prior: 1947 c 73 § 12; Rem. Supp.
1947 § 2909-21.]
15.28.160 Annual assessment—Exemption—Brined
sweet cherries assessable. An annual assessment is hereby
levied upon all commercial soft tree fruits grown in the state
or packed as Washington soft tree fruit of fifty cents per two
thousand pounds (net weight) of said fruits, when shipped
fresh or delivered to processors, whether in bulk, loose in
containers, or packaged in any style of package, except, that
all sales of five hundred pounds or less of such fruits sold by
the producer direct to the consumer shall be exempt from said
assessments. Sweet cherries which are brined are deemed to
be commercial soft tree fruit and therefore assessable hereunder. [1989 c 354 § 28; 1963 c 51 § 3; 1961 c 11 § 15.28.160.
Prior: 1947 c 73 § 18; Rem. Supp. 1947 § 2909-27.]
15.28.160
Additional notes found at www.leg.wa.gov
15.28.210
expended solely for the purposes provided in this chapter and
solely for such fruit, or classification thereof.
The commission has the authority in its discretion to
exempt in whole or in part from future assessments under this
chapter, during such period as the commission may prescribe,
any of the soft tree fruits or any particular strain or classification of them.
(2) An assessment levied under this chapter may be
increased in excess of the fiscal growth factor as determined
under chapter 43.135 RCW if the assessment is submitted by
referendum to the growers who are subject to the assessment
and the increase is approved by a majority of those voting on
the referendum. The method and procedure of conducting the
referendum shall be determined by the commission. [1997 c
303 § 3; 1992 c 87 § 1; 1983 1st ex.s. c 73 § 1; 1977 ex.s. c 8
§ 1; 1965 ex.s. c 43 § 1; 1963 c 51 § 4; 1961 c 11 § 15.28.180.
Prior: 1947 c 73 § 26; Rem. Supp. 1947 § 2909-35.]
Findings—1997 c 303: See note following RCW 43.135.055.
Additional notes found at www.leg.wa.gov
15.28.170 Research and advertising—Power to
increase assessment. The commission shall investigate the
needs of soft tree fruit producers, the condition of the markets, and extent to which the same require advertising and
research. If the investigation shows that the revenue from the
assessments levied is inadequate to accomplish the objects of
this chapter, it shall report its findings to the director, showing the necessities of the industry, the probable cost of the
required program, and the probable revenue from the existing
levy. It may then increase the assessments to be levied to an
amount not exceeding two dollars per each two thousand
pounds (net weight) of such fruits so contained or packed.
[1961 c 11 § 15.28.170. Prior: 1947 c 73 § 25; Rem. Supp.
1947 § 2909-34.]
15.28.170
15.28.175 Promotional printing and literature—
Contracts.
Promotional printing and literature not
restricted by laws relating to public printer, see RCW
15.24.085. Conditions of employment, etc., in contracts, see
RCW 15.24.086.
15.28.175
15.28.180 Increase of assessment for specific fruit or
classification—Procedure. (1) The same assessment shall
be made for each soft tree fruit, except that if a two-thirds
majority of the state commodity committee of any fruit recommends in writing the levy of an additional assessment on
that fruit, or any classification thereof, for any year or years,
the commission may levy such assessment for that year or
years up to the maximum of eighteen dollars for each two
thousand pounds of any fruit except cherries or any classification thereof, as to which the assessment may be increased
to a maximum of thirty dollars for each two thousand pounds,
and except pears covered by this chapter, as to which the
assessment may be increased to a maximum of eighteen dollars for each two thousand pounds: PROVIDED, That no
increase in the assessment on pears becomes effective unless
the increase is first referred by the commission to a referendum by the Bartlett pear growers of the state and is approved
by a majority of the growers voting on the referendum. The
method and procedure of conducting the referendum shall be
determined by the commission. Any funds so raised shall be
15.28.180
(2010 Ed.)
15.28.190 Deposit of funds—Treasurer’s bond. All
money collected under the authority of this chapter shall be
paid to the treasurer of the commission, deposited by him or
her in banks designated by the commission, and disbursed on
its order.
The treasurer shall file with the commission a fidelity
bond, executed by a surety company authorized to do business in this state, in favor of the state and the commission,
jointly and severally, in the sum of fifty thousand dollars, and
conditioned upon his or her faithful performance of his or her
duties and his or her strict accounting of all funds of the commission.
None of the provisions of RCW 43.01.050 shall apply to
money collected under this chapter. [2010 c 8 § 6040; 1961
c 11 § 15.28.190. Prior: 1947 c 73 § 15, part; Rem. Supp.
1947 § 2909-24, part.]
15.28.190
15.28.200 Use of funds—Contributions. All moneys
collected from such levy shall be expended exclusively to
effectuate the purposes and objects of this chapter. They shall
be generally expended on promotion and improvement of the
various commodities approximately in the ratio that funds are
derived from such commodities, after deducting suitable
amounts for general overhead and basic general research,
unless a majority of the functioning state commodity committees consent to a larger expenditure on behalf of any commodity or commodities. Any funds contributed to the commission by any special group or raised by an additional levy
on any commodity or classification thereof, shall be
expended only in connection with such commodity. [1961 c
11 § 15.28.200. Prior: 1947 c 73 § 19; Rem. Supp. 1947 §
2909-28.]
15.28.200
15.28.210 Records kept—Preservation—Inspection
of. Every dealer, handler, and processor shall keep a complete and accurate record of all soft tree fruits handled,
shipped, or processed by him or her. Such record shall be in
simple form and contain such information as the commission
shall by rule or regulation prescribe. The records shall be
preserved by such handler, dealer, and processor for a period
15.28.210
[Title 15 RCW—page 47]
15.28.220
Title 15 RCW: Agriculture and Marketing
of two years and shall be offered and submitted for inspection
at any reasonable time upon written request of the commission or its duly authorized agents. [2010 c 8 § 6041; 1961 c
11 § 15.28.210. Prior: 1947 c 73 § 20; Rem. Supp. 1947 §
2909-29.]
15.28.220 Returns to commission. Every dealer, handler, and processor shall at such times as the commission may
by rule or regulation require, file with the commission a
return under oath on forms to be prescribed and furnished by
the commission, stating the quantity of soft tree fruits handled, shipped, or processed by him or her during the period or
periods of time prescribed by the commission. Such return
shall contain such further information as may be necessary to
carry out the objects and purposes of this chapter. [2010 c 8
§ 6042; 1961 c 11 § 15.28.220. Prior: 1947 c 73 § 21; Rem.
Supp. 1947 § 2909-30.]
15.28.220
15.28.230 Due date of assessments—Delinquent penalty. All assessments levied and imposed by this chapter
shall be due prior to shipment and shall become delinquent if
not paid within thirty days after the time established for such
payment according to regulations of the commission. A
delinquent penalty shall be payable on any such delinquent
assessment, calculated as interest on the principal amount due
at the rate of ten percent per annum. Any delinquent penalty
shall not be charged back against the grower unless he or she
caused such delay in payment of the assessment due. [2010 c
8 § 6043; 1961 c 11 § 15.28.230. Prior: 1955 c 47 § 2; 1947
c 73 § 22; Rem. Supp. 1947 § 2909-31.]
15.28.230
15.28.240 Collection rules—Use of "stamps." The
commission shall by rule or regulation prescribe the method
of collection, and for that purpose may require stamps to be
known as "Washington state fruit commission stamps" to be
purchased from the commission and fixed or attached to the
container, invoices, shipping documents, inspection certificates, releases, or receiving receipts or tickets. Stamps shall
be canceled immediately upon being so attached or fixed, and
the date of cancellation shall be placed thereon. [1961 c 11 §
15.28.240. Prior: 1947 c 73 § 23; Rem. Supp. 1947 § 290932.]
add to such unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the
collecting of the same. In the event of failure of such person
or persons to pay any such due and payable assessment or
other such sum, the commission may bring a civil action
against such person or persons, together with the specified
ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and
payable. [2002 c 313 § 108; 1961 c 11 § 15.28.250. Prior:
1947 c 73 § 24; Rem. Supp. 1947 § 2909-33.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.28.260 Publications by commission—Subscriptions. If the commission publishes a bulletin or other publication, or a section in some established trade publication, for
the dissemination of information to the soft tree fruit industry
in this state, the first two dollars of any assessment paid annually by each grower, handler, dealer, and processor of such
fruit shall be applied to the payment of his or her subscription
to such bulletin or publication. [2010 c 8 § 6044; 1961 c 11
§ 15.28.260. Prior: 1947 c 73 § 27; Rem. Supp. 1947 § 290936.]
15.28.260
15.28.270 Violations—Penalty. Every person shall be
guilty of a misdemeanor who:
(1) Violates or aids in the violation of any provision of
this chapter, or
(2) Violates or aids in the violation of any rule or regulation of the commission. [1961 c 11 § 15.28.270. Prior: 1947
c 73 § 28; Rem. Supp. 1947 § 2909-37.]
15.28.270
15.28.240
15.28.250 Responsibility for payment of assessments—Due upon receipt—Delinquencies—Civil action.
Unless the assessment has been paid by the grower and evidence thereof submitted by him or her, the dealer, handler, or
processor is responsible for the payment of all assessments
under this chapter on all soft tree fruits handled, shipped, or
processed by him or her but he or she shall charge the same
against the grower, who shall be primarily responsible for
such payment. Assessments are due upon receipt of an
invoice for the assessments.
If the assessment becomes delinquent, the department
shall cease to provide inspection services under chapter 15.17
RCW to the delinquent party until that party pays all delinquent assessments, interest, and penalties.
Any assessment due and payable under this section constitutes a personal debt of every person so assessed or who
otherwise owes the same. In addition, the commission may
15.28.250
[Title 15 RCW—page 48]
15.28.280 Venue of actions—Jurisdiction of courts.
Any prosecution brought under this chapter may be instituted
or brought in any county in the state in which the defendant
or any of the defendants reside, or in which the violation was
committed, or in which the defendant or any of the defendants has his or her principal place of business.
The several superior courts of the state are hereby vested
with jurisdiction to enforce this chapter and to prevent and
restrain violations thereof, or of any rule or regulation promulgated by the commission. [2010 c 8 § 6045; 1961 c 11 §
15.28.280. Prior: 1947 c 73 § 29; Rem. Supp. 1947 § 290938.]
15.28.280
15.28.290 Duty to enforce. It shall be the duty of all
state and county law enforcement officers and all employees
and agents of the department to aid in the enforcement of this
chapter. [1961 c 11 § 15.28.290. Prior: 1947 c 73 § 30; Rem.
Supp. 1947 § 2909-39.]
15.28.290
15.28.300 Rules and regulations—Filing—Publication. Every rule, regulation, or order promulgated by the
commission shall be filed with the director, and shall be published in a legal newspaper of general circulation in each of
the three districts. All such rules, regulations, or orders shall
become effective pursuant to the provisions of RCW
34.05.380. [1985 c 469 § 7; 1975 1st ex.s. c 7 § 38; 1961 c 11
§ 15.28.300. Prior: 1947 c 73 § 31; Rem. Supp. 1947 § 290940.]
15.28.300
(2010 Ed.)
Controlled Atmosphere Storage of Fruits and Vegetables
15.28.305 Rule making—Exemptions. Rule-making
proceedings conducted under this chapter are exempt from
compliance with RCW 34.05.310 and the provisions of chapter 19.85 RCW, the regulatory fairness act, when adoption of
the rule is determined by a referendum vote of the affected
parties. [2002 c 313 § 109.]
15.28.305
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.28.310 Authority to agents of commission to
inspect. Agents of the commission, upon specific written
authorization signed by the chair or secretary-manager
thereof, shall have the right to inspect the premises, books,
records, documents, and all other instruments of any carrier,
railroad, truck, boat, grower, handler, dealer, and processor
for the purpose of enforcing this chapter and collecting the
assessments levied hereunder. [2010 c 8 § 6046; 1961 c 11 §
15.28.310. Prior: 1947 c 73 § 32; Rem. Supp. 1947 § 290941.]
15.28.310
15.28.315 Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter.
(1) Under RCW 42.56.380, certain agricultural business
records, commission records, and department of agriculture
records relating to the commission and producers of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records
submitted to either the department or the commission for the
purpose of administering this chapter may be shared between
the department and the commission. They may also be used,
if required, in any suit or administrative hearing involving
any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the
reports of persons subject to this chapter as long as the statements do not identify the information furnished by any person; or
(b) The publication by the director or the commission of
the name of any person violating this chapter and a statement
of the manner of the violation by that person. [2005 c 274 §
213; 2002 c 313 § 68.]
15.28.315
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.28.320 Funding staff support—Rules. The director
may provide by rule for a method to fund staff support for all
commodity boards and commissions in accordance with
RCW 43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken
on behalf of an individual commodity board or commission.
The commission shall provide funds to the department
according to the rules adopted by the director. [2002 c 313 §
74.]
15.28.320
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.28.325 Costs of implementing RCW 15.28.103.
The costs incurred by the department of agriculture associated with the implementation of RCW 15.28.103 shall be
paid for by the commission. [2003 c 396 § 23.]
15.28.325
Effective date—2003 c 396: See note following RCW 15.66.030.
(2010 Ed.)
15.30.010
15.28.901 Severability—2004 c 99. If any section, subsection, sentence, clause, or part of this chapter is for any reason held to be invalid or unconstitutional, the judicial decision does not affect the remainder of the chapter and its application to other persons or circumstances. The legislature
declares that each section, subsection, sentence, clause, and
part of this chapter was enacted with the intent that if any portion of this chapter is severed, the remainder of the chapter is
capable of accomplishing its legislative purpose. [2004 c 99
§ 1.]
15.28.901
Effective date—2004 c 99: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 24, 2004]." [2004 c 99 § 4.]
15.28.910 Liberal construction. This chapter shall be
liberally construed. [1961 c 11 § 15.28.910. Prior: 1947 c 73
§ 33, part; Rem. Supp. 1947 § 2909-42, part.]
15.28.910
Chapter 15.30 RCW
CONTROLLED ATMOSPHERE STORAGE OF
FRUITS AND VEGETABLES
Chapter 15.30
Sections
15.30.010
15.30.020
15.30.030
15.30.040
15.30.050
15.30.060
15.30.070
15.30.080
15.30.090
15.30.100
15.30.110
15.30.120
15.30.130
15.30.140
15.30.150
15.30.160
15.30.170
15.30.180
15.30.190
15.30.200
15.30.210
15.30.220
15.30.230
15.30.240
15.30.250
15.30.260
15.30.900
15.30.910
Definitions.
Annual license required—Expiration date.
Application for license, contents—Issuance, prerequisites.
Annual license fee.
Enforcement—Rules authorized, procedure.
Rules—Oxygen content, temperature, and time period to be
maintained—Classification of fruits, vegetables as controlled atmosphere stored.
License renewal date—Penalty for late renewal, exception.
Denial, suspension, revocation of license—Grounds—Hearing
required.
Denial, suspension, revocation of license—Hearings subject to
Administrative Procedure Act.
Subpoenas—Witnesses and fees.
Issuance of warehouse number—Use of letters "CA"—Marking containers with letters and number.
Licensee to make daily determination of air components—
Record, form, contents.
Identity of fruit and vegetables to be maintained by CA number and inspection number to retail market.
Maturity and condition standards may be higher than for fruit
and vegetables not subject to chapter.
Minimum condition and maturity standards for apples.
Inspection, certification prior to using "CA" or similar designation—Eradication required, when.
Inspection, certification may be requested by financially interested person.
Fees for inspection and certification.
Certificate as evidence.
Disposition of fees.
Unlawful sales, acts, or use of words "controlled atmosphere
storage" and terms of similar import.
Injunctions authorized.
Chapter cumulative and nonexclusive.
Prior civil or criminal liability not affected.
Penalties for violating chapter.
Cooperation, agreements with other governmental agencies.
Fruits and vegetables in storage prior to enactment of chapter.
Severability—1961 c 29.
15.30.010 Definitions. For the purpose of this chapter:
(1) "Department" means the department of agriculture of
the state of Washington.
(2) "Director" means the director of the department or
his or her duly appointed representative.
(3) "Person" means a natural person, individual, or firm,
partnership, corporation, company, society, and association
15.30.010
[Title 15 RCW—page 49]
15.30.020
Title 15 RCW: Agriculture and Marketing
and every officer, agent, or employee thereof. This term shall
import either the singular or plural, as the case may be.
(4) "Controlled atmosphere storage" means any storage
warehouse consisting of one or more rooms, or one or more
rooms in any one facility in which atmospheric gases are controlled in their amount and in degrees of temperature for the
purpose of controlling the condition and maturity of any fresh
fruits or vegetables in order that, upon removal, they may be
designated as having been exposed to controlled atmosphere.
[2010 c 8 § 6047; 1961 c 29 § 1.]
15.30.020 Annual license required—Expiration date.
It shall be unlawful for any person to engage in the business
of operating a controlled atmosphere storage warehouse or
warehouses without first obtaining an annual license from the
director. Such license shall expire on August 31st of any one
year. [1961 c 29 § 2.]
15.30.020
15.30.030 Application for license, contents—Issuance, prerequisites. Application for a license to operate a
controlled atmosphere warehouse shall be on a form prescribed by the director and shall include the following:
(1) The full name of the person applying for the license.
(2) If such applicant is an individual, receiver, trustee,
firm, partnership, association, or corporation, the full name of
each member of the firm or partnership or the names of the
officers of the association or corporation shall be given on the
application.
(3) The principal business address of the applicant in the
state and elsewhere.
(4) The name of a person domiciled in this state authorized to receive and accept service or legal notices of all
kinds.
(5) The storage capacity of each controlled atmosphere
storage warehouse the applicant intends to operate by cubic
capacity or volume.
(6) The kind of fruits or vegetables for which the applicant intends to provide controlled atmosphere storage.
(7) Any other information prescribed by the director necessary to carry out the purposes and provisions of this chapter.
The director shall issue a license to an applicant upon his
or her satisfaction that the applicant has satisfied the requirements of this chapter and rules adopted hereunder and that
such applicant has paid the required license fee. [2010 c 8 §
6048; 1961 c 29 § 3.]
15.30.030
15.30.040 Annual license fee. The application for an
annual license to engage in the business of operating a controlled atmosphere storage warehouse or warehouses shall be
accompanied by an annual license fee prescribed by the
director by rule. [1988 c 254 § 6; 1961 c 29 § 4.]
15.30.040
15.30.050 Enforcement—Rules authorized, procedure. The director shall enforce and carry out the provisions
of this chapter and may adopt the necessary rules to carry out
its purposes. The adoption of rules shall be subject to the provisions of chapter 34.05 RCW, concerning the adoption of
rules, as enacted or hereafter amended. [1961 c 29 § 5.]
15.30.050
[Title 15 RCW—page 50]
15.30.060 Rules—Oxygen content, temperature, and
time period to be maintained—Classification of fruits,
vegetables as controlled atmosphere stored. The director
shall adopt rules:
(1) Prescribing the maximum amount of oxygen that
may be retained in a sealed controlled atmosphere storage
warehouse: PROVIDED, That such maximum amount of
oxygen retained shall not exceed five percent when apples are
stored in such controlled atmosphere storage warehouse.
(2) Prescribing the period in which the oxygen content
shall be reduced to the amount prescribed in subsection (1) of
this section: PROVIDED, That such period shall not exceed
twenty days when apples are stored in such controlled atmosphere warehouse.
(3) The length of time and the degrees of temperature at
which any fruits or vegetables shall be retained in controlled
atmosphere storage, before they may be classified as having
been stored in controlled atmosphere storage: PROVIDED,
That such period shall not be less than forty-five days for
Gala and Jonagold varieties and not less than sixty days for
other apples. [1999 c 70 § 1; 1994 c 23 § 1; 1967 c 215 § 1;
1961 c 29 § 6.]
15.30.060
15.30.070 License renewal date—Penalty for late
renewal, exception. If an application for renewal of the
license provided for in RCW 15.30.020 is not filed prior to
September 1st of any one year, a penalty of two dollars and
fifty cents shall be assessed and added to the original fee and
shall be paid by the applicant before the renewal license shall
be issued: PROVIDED, That such penalty shall not apply if
the applicant furnishes an affidavit that he or she has not
engaged in the business of operating a controlled atmosphere
storage warehouse subsequent to the expiration of his or her
prior license. [2010 c 8 § 6049; 1961 c 29 § 7.]
15.30.070
15.30.080 Denial, suspension, revocation of license—
Grounds—Hearing required. The director is authorized to
deny, suspend, or revoke the license provided for in RCW
15.30.020 subsequent to a hearing, in any case in which he or
she finds that there has been a failure or refusal to comply
with the provisions of this chapter or rules adopted hereunder. [2010 c 8 § 6050; 1961 c 29 § 8.]
15.30.080
15.30.090 Denial, suspension, revocation of license—
Hearings subject to Administrative Procedure Act. All
hearings for a denial, suspension, or revocation of the license
provided for in RCW 15.30.020 shall be subject to the provisions of chapter 34.05 RCW concerning adjudicative proceedings. [1989 c 175 § 45; 1961 c 29 § 9.]
15.30.090
Additional notes found at www.leg.wa.gov
15.30.100 Subpoenas—Witnesses and fees. The
director may issue subpoenas to compel the attendance of
witnesses and/or the production of books, documents and
records, anywhere in the state in any hearing affecting the
authority or privilege granted by a license issued under the
provisions of this chapter. Witnesses shall be entitled to fees
for attendance and travel, as provided for in chapter 2.40
RCW, as enacted or hereafter amended. [1961 c 29 § 10.]
15.30.100
(2010 Ed.)
Controlled Atmosphere Storage of Fruits and Vegetables
15.30.110 Issuance of warehouse number—Use of
letters "CA"—Marking containers with letters and number. The director when issuing a license to an applicant shall
include a warehouse number which shall be preceded by the
letters "CA". If the applicant in applying for a license
includes a request for a specific warehouse number, the director shall issue such number to the applicant if such number
has not been issued to a prior applicant. The letters "CA" and
the number issued as provided in this section shall be marked
in a manner provided by the director on all containers in
which fruits or vegetables subject to the provisions of this
chapter are placed or packed. [1961 c 29 § 11.]
15.30.110
15.30.120 Licensee to make daily determination of
air components—Record, form, contents. The licensee
shall make air component determinations as to the percentage
of carbon dioxide, oxygen and temperature at least once each
day. A record of such determinations shall be kept on a form
prescribed by the director for a period of two years and shall
include the following:
(1) The name and address of the licensee.
(2) The number of the warehouse and the storage capacity of the warehouse.
(3) The date of sealing of the warehouse.
(4) Date of opening of the warehouse.
(5) A daily record of the date and time of the tests,
including the percentage of carbon dioxide, percentage of
oxygen and the temperature. [1961 c 29 § 12.]
15.30.120
15.30.130 Identity of fruit and vegetables to be maintained by CA number and inspection number to retail
market. The identity of any fruits or vegetables represented
as having been stored in a room or warehouse subject to the
provisions of this chapter shall be maintained, by the CA
number issued to the licensee in whose warehouse such fruits
and vegetables were stored and the state lot inspection number issued by the director for such fruits or vegetables, from
the time it leaves such warehouse through the various channels of trade and transportation to the retailer. [1961 c 29 §
13.]
15.30.130
15.30.140 Maturity and condition standards may be
higher than for fruit and vegetables not subject to chapter. The director may by rule establish condition and maturity standards for fruits or vegetables subject to the provisions
of this chapter which may be higher than maturity and condition standards established for similar grades or classifications
of such fruits or vegetables which are not subject to the provisions of this chapter. [1961 c 29 § 14.]
15.30.140
15.30.150 Minimum condition and maturity standards for apples. Minimum condition and maturity standards for apples subject to the provisions of this chapter shall
be the U.S. condition and maturity standards for export as
provided in 7 Code of Federal Regulations 51.317 on February 21, 1961: PROVIDED, That the director may adopt any
subsequent amendment to such U.S. condition and maturity
standards for export prescribed by the secretary of agriculture
of the United States. [1961 c 29 § 15.]
15.30.150
(2010 Ed.)
15.30.210
15.30.160 Inspection, certification prior to using
"CA" or similar designation—Eradication required,
when. No person in this state shall place or stamp the letters
"CA" or a similar designation in conjunction with a number
or numbers upon any container or subcontainer of any fruits
or vegetables, unless the director has inspected such fruits or
vegetables and issued a state lot number for such fruits or
vegetables in conjunction with a certificate stating their quality and condition, that they were stored in a warehouse
licensed under the provisions of this chapter and that they
meet all other requirements of this chapter or rules adopted
hereunder: PROVIDED, That if such fruits or vegetables are
not allowed to enter the channels of commerce within two
weeks of such inspection or a subsequent similar inspection
by the director the letters "CA" and the state lot number shall
be eradicated by the licensee. [1961 c 29 § 16.]
15.30.160
15.30.170 Inspection, certification may be requested
by financially interested person. Any person financially
interested in any fruits or vegetables subject to the provisions
of this chapter may apply to the director for inspection and
certification as to whether such fruits or vegetables meet the
requirements provided for in this chapter or rules adopted
hereunder. [1961 c 29 § 17.]
15.30.170
15.30.180 Fees for inspection and certification. The
director shall prescribe the necessary fees to be charged to the
licensee or owner for the inspection and certification of any
fruits or vegetables subject to the provisions of this chapter or
rules adopted hereunder. The fees provided for in this section
shall become due and payable by the end of the next business
day and if such fees are not paid within the prescribed time,
the director may withdraw inspection or refuse to perform
any inspection or certification services for the person in
arrears: PROVIDED, That the director in such instances may
demand and collect inspection and certification fees prior to
inspecting and certifying any fruits or vegetables for such
person. [1961 c 29 § 18.]
15.30.180
15.30.190 Certificate as evidence. Every inspection
certificate issued by the director under the provisions of this
chapter shall be received in all courts of the state as prima
facie evidence of the statement therein. [1961 c 29 § 19.]
15.30.190
15.30.200 Disposition of fees. All moneys collected
under the provisions of this chapter for the inspection and
certification of any fruits or vegetables subject to the provisions of this chapter shall be handled and deposited in the
manner provided for in *chapter 15.16 RCW, as enacted or
hereafter amended, for the handling of inspection and certification fees derived for the inspection of any fruits and vegetables. [1961 c 29 § 20.]
15.30.200
*Reviser’s note: Chapter 15.16 RCW was repealed by 1963 c 122.
Later enactment, see chapter 15.17 RCW.
15.30.210 Unlawful sales, acts, or use of words "controlled atmosphere storage" and terms of similar import.
It shall be unlawful for any person to sell, offer for sale, hold
for sale, or transport for sale any fruits or vegetables represented as having been exposed to "controlled atmosphere
15.30.210
[Title 15 RCW—page 51]
15.30.220
Title 15 RCW: Agriculture and Marketing
storage" or to use any such term or form of words or symbols
of similar import unless such fruits or vegetables have been
stored in controlled atmosphere storage which meets the
requirements of this chapter or rules adopted hereunder.
[1961 c 29 § 21.]
15.30.220
15.30.220 Injunctions authorized. The director may
bring an action to enjoin the violation or threatened violation
of any provision of this chapter or any rule adopted pursuant
to this chapter in the superior court in the county in which
such violation occurs or is about to occur, notwithstanding
the existence of any other remedies at law. [1961 c 29 § 22.]
15.30.230
15.30.230 Chapter cumulative and nonexclusive. The
provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy. [1961 c 29 § 23.]
15.30.240
15.30.240 Prior civil or criminal liability not affected.
The enactment of this chapter shall not have the effects of terminating, or in any way modifying any liability, civil or criminal, which shall already be in existence on February 21,
1961. [1961 c 29 § 24.]
15.30.250
15.30.250 Penalties for violating chapter. (1) Except
as provided in subsection (2) of this section, any person violating the provisions of this chapter or rules adopted hereunder is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense. [2003
c 53 § 106; 1961 c 29 § 25.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
15.30.260
15.30.260 Cooperation, agreements with other governmental agencies. The director may cooperate with and
enter into agreements with governmental agencies of this
state, other states and agencies of federal government in order
to carry out the purpose and provisions of this chapter. [1961
c 29 § 26.]
15.30.900
15.30.900 Fruits and vegetables in storage prior to
enactment of chapter. Any fruits or vegetables now in controlled atmosphere storage and removed after February 21,
1961 may be marked, shipped, represented and sold as having been exposed to controlled atmosphere storage if such
fruits and vegetables meet the requirements of this chapter
and the rules and regulations adopted hereunder. [1961 c 29
§ 28.]
15.30.910
15.30.910 Severability—1961 c 29. If any section or
provision of this chapter shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the chapter as a whole or any section, provision or part
thereof, not adjudged invalid or unconstitutional. [1961 c 29
§ 27.]
[Title 15 RCW—page 52]
Chapter 15.35 RCW
WASHINGTON STATE MILK POOLING ACT
Chapter 15.35
Sections
15.35.010
15.35.030
15.35.060
15.35.070
15.35.080
15.35.090
15.35.100
15.35.105
15.35.110
15.35.115
15.35.120
15.35.130
15.35.140
15.35.150
15.35.160
15.35.170
15.35.180
15.35.190
15.35.200
15.35.210
15.35.220
15.35.230
15.35.240
15.35.250
15.35.260
15.35.270
15.35.280
15.35.290
15.35.300
15.35.310
15.35.900
Short title.
Declaration of public interest.
Purposes.
Powers conferred to be liberally construed—Monopoly—
Price setting.
Definitions.
Milk control between states.
Director’s authority—Subpoena power—Rules.
Minimum milk price—Competition from outside the marketing area.
Referendum on establishing or discontinuing market area
pooling arrangement.
Referendum on establishing or discontinuing market area
pooling arrangement—Producer-dealers.
Qualifications for producers to sign petitions or vote in referendums.
Form of producer petitions.
Director to establish systems within market areas.
Determination of quota.
Contracts, rights and powers of associations not affected.
Quotas—Transfer of—Limitations.
Records of milk dealers and cooperatives, inspection and audit
of.
Records necessary for milk dealers.
Verified reports of milk dealers.
Milk dealer license—Required.
Milk dealer license—Application for—Contents.
Milk dealer license—Fees—Additional assessment for late
renewal.
Milk dealer license—Denial, suspension, or revocation of—
Grounds.
Marketing assessment on producers—Additional assessment
for milk testing—Penalty—Court action.
Records and reports of licensees for assessment purposes.
Assessment due date.
Separate account for each marketing plan—Deductions for
departmental costs.
Court actions to implement.
General penalty—Misdemeanor—Exception.
Certain producer-dealers exempt.
Severability—1971 ex.s. c 230.
15.35.010 Short title. This chapter may be known and
cited as the Washington state milk pooling act to provide for
equitable pricing and pooling among producers and processors of milk and milk products. [1993 c 345 § 1; 1971 ex.s. c
230 § 1.]
15.35.010
15.35.030 Declaration of public interest. It is hereby
declared that:
(1) Milk is a necessary article of food for human consumption;
(2) The production, distribution, and maintenance of an
adequate supply of healthful milk of proper chemical and
physical content, free from contamination, is vital to the public health and welfare;
(3) It is the policy of the state to promote, foster, and
encourage the intelligent production and orderly marketing of
adequate supplies of pure and wholesome milk and milk
products necessary to its citizens, to promote competitive
prices, and to eliminate economic waste, destructive trade
practices, and improper accounting for milk purchased from
producers;
(4) Economic factors concerning the production, marketing, and sale of milk in the state may not be accurately
reflected in federal programs;
(5) Conditions within the milk industry of this state are
such that it may be necessary to establish marketing areas
15.35.030
(2010 Ed.)
Washington State Milk Pooling Act
wherein pricing and pooling arrangements between producers are necessary, and for that purpose the director shall have
the administrative authority, with such additional duties as
are herein prescribed, after investigations and public hearings, to prescribe such marketing areas and modify the same
when advisable or necessary. [1993 c 345 § 2; 1991 c 239 §
1; 1971 ex.s. c 230 § 3.]
15.35.060
15.35.060 Purposes. The purposes of this chapter are
to:
(1) Authorize and enable the director to prescribe marketing areas and to establish pricing and pooling arrangements which are necessary to prevent disorderly marketing of
milk due to varying factors of costs of production, health regulations, transportation, and other factors in said marketing
areas of this state;
(2) Authorize and enable the director to formulate marketing plans subject to the provisions of this chapter, in
accordance with chapter 34.05 RCW, which provide for pricing and pooling arrangements and declare such plans in effect
for any marketing area;
(3) Provide funds for administration and enforcement of
this chapter by assessments to be paid by producers. [1993 c
345 § 3; 1991 c 239 § 2; 1971 ex.s. c 230 § 6.]
15.35.070
15.35.070 Powers conferred to be liberally construed—Monopoly—Price setting. It is the intent of the
legislature that the powers conferred in this chapter shall be
liberally construed. Nothing in this chapter shall be construed
as permitting or authorizing the development of conditions of
monopoly in the production or distribution of milk, nor shall
this chapter give the director authority to establish wholesale
or retail prices for processed milk products. [1993 c 345 § 5;
1991 c 239 § 3; 1971 ex.s. c 230 § 7.]
15.35.080
15.35.080 Definitions. For the purposes of this chapter:
(1) "Department" means the department of agriculture of
the state of Washington;
(2) "Director" means the director of the department or
the director’s duly appointed representative;
(3) "Person" means a natural person, individual, firm,
partnership, corporation, company, society, and association,
and every officer, agent, or employee thereof. This term shall
import either the singular or plural as the case may be;
(4) "Market" or "marketing area" means any geographical area within the state or another state comprising one or
more counties or parts thereof, where marketing conditions
are substantially similar and which may be designated by the
director as one marketing area;
(5) "Milk" means all fluid milk from cows as defined in
chapter 15.36 RCW and rules adopted under chapter 15.36
RCW;
(6) "Milk products" includes any product manufactured
from milk or any derivative or product of milk;
(7) "Milk dealer" means any person engaged in the handling of milk in his or her capacity as the operator of a milk
plant, as that term is defined in chapter 15.36 RCW and rules
adopted under chapter 15.36 RCW:
(2010 Ed.)
15.35.100
(a) Who receives milk in an unprocessed state from dairy
farms, and who processes milk into milk or milk products;
and
(b) Whose milk plant is located within the state or from
whose milk plant milk or milk products that are produced at
least in part from milk from producers are disposed of to any
place or establishment within a marketing area;
(8) "Producer" means a person producing milk within
this state for sale under a grade A milk permit issued by the
department under the provisions of chapter 15.36 RCW or, if
the director so provides by rule, a person who markets to a
milk dealer milk produced under a grade A permit issued by
another state;
(9) "Classification" means the classification of milk into
classes according to its utilization by the department;
(10) The terms "plan," "market area and pooling arrangement," "market area pooling plan," "market area and pooling
plan," "market pool," and "market plan" all have the same
meaning;
(11) "Producer-dealer" means a producer who engages in
the production of milk and also operates a plant from which
an average of more than three hundred pounds daily of milk
products, except filled milk, is sold within the marketing area
and who has been so designated by the director. A state institution which processes and distributes milk of its own production shall be considered a producer-dealer for purposes of
this chapter, but the director may by rule exempt such state
institutions from any of the requirements otherwise applicable to producer-dealers. [1994 c 143 § 509; 1993 c 345 § 4;
1992 c 58 § 1; 1991 c 239 § 4; 1971 ex.s. c 230 § 8.]
15.35.090
15.35.090 Milk control between states. (1) The director shall in carrying out the provisions of this chapter and any
marketing plan thereunder confer with the legally constituted
authorities of other states of the United States, and the United
States department of agriculture, for the purpose of seeking
uniformity of milk control with respect to milk coming in to
the state and going out of the state in interstate commerce
with a view to accomplishing the purposes of this chapter,
and may enter into a compact or compacts which will insure
a uniform system of milk control between this state and other
states.
(2) In order to facilitate carrying out the provisions and
purposes of this chapter, the department may hold joint hearings with authorized officers or agencies of other states who
have duties and powers similar to those of the department or
with any authorized person designated by the United States
department of agriculture, and may enter into joint agreements with such authorized state or federal agencies for
exchange of information with regard to prices paid to producers for milk moving from one state to the other or any purpose
to carry out and enforce this chapter. [1991 c 239 § 5; 1971
ex.s. c 230 § 9.]
15.35.100
15.35.100 Director’s authority—Subpoena power—
Rules. Subject to the provisions of this chapter, the director
is hereby vested with the authority:
(1) To investigate all matters pertaining to the production, processing, storage, transportation, and distribution of
[Title 15 RCW—page 53]
15.35.105
Title 15 RCW: Agriculture and Marketing
milk and milk products in the state, and shall have the authority to:
(a) Establish classifications of processed milk and milk
products, and a minimum price or a formula to determine a
minimum price to be paid by milk dealers for milk used to
produce each such class of products;
(b) Require that payment be made by dealers to producers of fluid milk or their cooperative associations and prescribe the method and time of such payments by dealers to
producers or their cooperative associations in accordance
with a marketing plan for milk;
(c) Determine what constitutes a natural milk market
area;
(d) Establish quota systems within marketing plans, and
to determine by using uniform rules, what portion of the milk
produced by each producer shall be assigned to each quota
classification;
(e) Provide for the pooling of minimum class values
from the sales of each class of milk to milk dealers, and the
equalization of returns to producers;
(f) Provide and establish market pools for a designated
market area with such rules as the director may adopt;
(g) Employ an executive officer, who shall be known as
the milk pooling administrator;
(h) Employ such persons or contract with such entities as
may be necessary and incur all expenses necessary to carry
out the purposes of this chapter;
(i) Determine by rule, what portion of any increase in the
available quotas shall be assigned to new producers or existing producers.
(2) To issue subpoenas to compel the attendance of witnesses and/ or the production of books, documents, and
records anywhere in the state in any hearing affecting the
authority of privileges granted by a license issued under the
provisions of this chapter. Witnesses shall be entitled to fees
for attendance and travel as provided for in chapter 2.40
RCW.
(3) To make, adopt, and enforce all rules necessary to
carry out the purposes and policies of this chapter subject to
the provisions of chapter 34.05 RCW concerning the adoption of rules. Nothing contained in this chapter shall be construed to abrogate or affect the status, force, or operation of
any provision of the public health laws enacted by the state or
any municipal corporation or the public service laws of this
state. [1993 c 345 § 6; 1991 c 239 § 6; 1971 ex.s. c 230 § 10.]
15.35.105 Minimum milk price—Competition from
outside the marketing area. (1) In establishing a minimum
milk price or a formula to determine a minimum milk price,
as provided under RCW 15.35.060 and 15.35.100, the director shall, in addition to other appropriate criteria, consider
the:
(a) Cost of producing fluid milk for human consumption;
(b) Transportation costs;
(c) Milk prices in states or regions outside of the state
that influence prices within the marketing areas;
(d) Demand for fluid milk for human consumption;
(e) Alternative enterprises available to producers; and
(f) Economic impact on milk dealers.
(2) A milk dealer who believes that actual competition
from outside the marketing area is having a significant eco15.35.105
[Title 15 RCW—page 54]
nomic impact on that milk dealer, may petition the director
for a public hearing on an expedited basis to consider whether
the minimum milk price in the market plan should be
changed relative to the milk price to a competitor located outside the state plus transportation costs for that competitor to
compete with the petitioning milk dealer.
(a) To be considered, the petition must identify the specific action requested, and must be accompanied by a statement summarizing the facts and evidence that would be provided at a public hearing by or on behalf of the petitioner to
support the need for the requested action, including an identification of circumstances that have changed since the last
rule-making proceeding at which the minimum price was
established.
(b) Within twenty-one days of receiving the petition, the
director shall either:
(i) Adopt rules on an emergency basis, in accordance
with RCW 34.05.350;
(ii) File, and distribute to all milk dealers and other interested parties, notice that a hearing will be held within sixty
days of receiving the petition;
(iii) Advise the petitioner in writing that the request for
rule making is denied, and explain the reasons for the denial;
or
(iv) Advise the petitioner in writing that the petition provides insufficient information from which to find that rule
making should be initiated, and request that the petition be
resubmitted with additional information.
(c) Except as otherwise specifically provided in this section, this petition must be handled in accordance with RCW
34.05.330, and the rule-making procedures of chapter 34.05
RCW.
(3) The director may adopt rules of practice or procedure
with respect to the proceedings. [1993 c 345 § 7; 1991 c 239
§ 7.]
15.35.110 Referendum on establishing or discontinuing market area pooling arrangement. (1) The director,
either upon his or her own motion or upon petition by ten percent of the producers in any proposed area, shall conduct a
hearing to determine whether to establish or discontinue a
market area pooling arrangement. Upon determination by the
director that in order to satisfy the purposes of this chapter a
pooling arrangement should be established, a referendum of
affected individual producers and milk dealers shall be conducted by the department.
(2) In order for the director to establish a market area and
pooling plan:
(a) Sixty-six and two-thirds percent of the producers and
producer-dealers that vote must be in favor of establishing a
market area and pooling plan;
(b) Sixty-six and two-thirds percent of the milk dealers
and producer-dealers that vote must be in favor of establishing a market area and pooling plan; and
(c) Producer-dealers providing notice to the director
under RCW 15.35.115(1), shall be authorized to vote both as
producers and as milk dealers.
(3) Except as provided in subsection (4) of this section,
the director, within ninety days from the date the results of a
referendum approved under subsection (2) of this section are
filed with the secretary of state, shall adopt rules to establish
15.35.110
(2010 Ed.)
Washington State Milk Pooling Act
a market pool in the market area, as provided for in this chapter. In conducting hearings on rules proposed for adoption
under this subsection, the director shall invite public comment on whether milk regulation similar to the market area
pooling plan proposed in the rules exists in neighboring states
and whether a lack of such milk regulation in neighboring
states would render such a market area pooling plan in this
state ineffective or impractical.
(4) If, following hearings held under subsection (3) of
this section, the director determines that the lack of milk regulation in neighboring states similar to the market area pooling plan proposed for this state would render such a pooling
arrangement in this state ineffective or impractical, the director shall so state in writing. The director shall file the statement with the code reviser for publication in the Washington
State Register. In such a case, a market area pooling plan
shall not be established in the market area under subsection
(3) of this section based upon the referendum that precipitated the hearings.
If the director determines that such a lack of milk regulation in neighboring states would not render such a market
area pooling plan ineffective or impractical in this state, the
director shall adopt rules in accordance with subsection (3) of
this section.
(5) If fifty-one percent of the producers and producerdealers voting representing fifty-one percent of the milk produced and fifty-one percent of the milk dealers and producerdealers in the market area vote to terminate a pooling plan,
the director, within one hundred twenty days, shall terminate
all the provisions of said market area and pooling arrangement.
(6) A referendum of affected producers, producer-dealers, and milk dealers shall be conducted only when a market
area pooling arrangement is to be established. Only producers, milk dealers, and producer-dealers who are subject to the
plan may vote on the termination of a pooling plan. [1993 c
345 § 8; 1992 c 58 § 4; 1991 c 239 § 8; 1971 ex.s. c 230 § 11.]
15.35.115 Referendum on establishing or discontinuing market area pooling arrangement—Producer-dealers. (1) Not less than sixty days before a referendum creating
a market area and pooling plan with quotas is to be conducted
under RCW 15.35.110, the director shall notify each producer-dealer regarding the referendum. Any producer-dealer
may choose to vote on the referendum and each choosing to
do so shall notify the director in writing of this choice not
later than thirty days before the referendum is conducted.
Such a producer-dealer and any person who becomes a producer-dealer or producer by acquiring the quota of such a
producer-dealer shall be a fully regulated producer under
such an approved plan and shall receive a quota which is not
less than the sales of milk in fluid form from the producer
facilities during the reference period used by the director in
determining quotas for producers. Such a producer-dealer
shall also be a fully regulated milk dealer under the terms of
such an approved plan. RCW 15.35.310(1) does not apply to
a producer-dealer who is subject to regulation under this subsection.
(2) If a person was not a producer-dealer at the time
notice was provided to producer-dealers under subsection (1)
of this section regarding a referendum on a proposed market
15.35.115
(2010 Ed.)
15.35.130
area and pooling plan with quotas, the plan was approved by
referendum, and the person subsequently became a producerdealer (other than by virtue of the person’s acquisition of the
quota of a producer-dealer who is fully regulated under the
plan), the person is subject to all of the terms of the plan for
producers and milk dealers during the duration of the plan
and RCW 15.35.310(1) does not apply to such a person with
regard to that plan.
(3) This subsection applies: To a person who was a producer-dealer at the time the notice was provided to producerdealers under subsection (1) of this section regarding a referendum which was approved and who did not notify the director under subsection (1) of this section to vote in that referendum; and to a person who acquires the facility of such a person.
If such a person’s sales of milk in fluid form subsequent
to the adoption of the plan increases such that those sales in
any year are more than fifty percent greater than the sales of
milk in fluid form from the producer facilities during any of
the previous five years, RCW 15.35.310(1) does not apply to
that person with regard to that plan. Such a producer-dealer
shall be a fully regulated producer under such an approved
plan and shall receive a quota which is not less than the producer-dealer’s sales of milk in fluid form during the reference
period used by the director in determining quotas for producers. Such a producer-dealer shall also be a fully regulated
dealer under the terms of such an approved plan.
If changes are made, on a market area-wide basis, to the
quotas established under the plan, the director shall by rule
adjust the fifty percent limitation provided by this section by
an equivalent amount. [1993 c 345 § 9; 1992 c 58 § 2.]
15.35.120 Qualifications for producers to sign petitions or vote in referendums. (1) The producers qualified to
sign a petition, or to vote in any referendum concerning a
market pool, shall be all those producers shipping milk to the
market area on a regular supply basis and who would or do
receive or pay equalization in an existing market pool in a
market area, or in a market pool if established in such market
area.
(2) The milk dealers qualified to vote in any referendum
establishing a market pool shall be all those milk dealers who
operate a plant which is located within the state and who
would receive milk priced under a market pool if established
in such market area.
(3) The director is authorized during business hours to
review the books and records of milk dealers to obtain a list
of the producers qualified to sign petitions or to vote in referendums and to verify that such milk dealers are qualified to
vote in a referendum. [1991 c 239 § 9; 1971 ex.s. c 230 § 12.]
15.35.120
15.35.130 Form of producer petitions. Petitions filed
with the director by producers shall:
(1) Consist of one or more pages, each of which is dated
at the bottom. The date shall be inserted on each sheet prior
to, or at the time the first signature is obtained on each sheet.
The director shall not accept a sheet on which such date is
more than sixty days, prior to the time it is filed with the
director. After a petition is filed, additional pages may be
filed if time limits have not expired.
15.35.130
[Title 15 RCW—page 55]
15.35.140
Title 15 RCW: Agriculture and Marketing
(2) Contain wording at the top of each page which
clearly explains to each person whose signature appears
thereon the meaning and intent of the petition. Such wording
shall also clearly indicate to the director if it is in reference to
a request for public hearing, exactly what matters are to be
studied and desired. Similar information must be directed to
the director if the matter relates to a referendum. The director
has the authority to clarify wording from a petition before
making it a part of a referendum.
No informalities or technicalities in the conduct of a referendum, or in any matters relating thereto, shall invalidate
any referendum if it is fairly and reasonably conducted by the
director. [1971 ex.s. c 230 § 13.]
15.35.160 Contracts, rights and powers of associations not affected. No provision of this chapter shall be
deemed or construed to:
(1) Affect or impair the contracts of any such cooperative association with its members or other producers marketing their milk through such corporation;
(2) Impair or affect any contract which any such cooperative association has with milk dealers or others which are
not in violation of this chapter;
(3) Affect or abridge the rights and powers of any such
cooperative association conferred by the laws of this state
under which it is incorporated. [1971 ex.s. c 230 § 16.]
15.35.160
15.35.170 Quotas—Transfer of—Limitations. Quotas provided for in this chapter may not in any way be transferred without the consent of the director. Regulations
regarding transfer of quotas shall be determined by the
department after due notice and the opportunity for a hearing
as provided in chapter 34.05 RCW. Any contract for the
transfer of quotas, unless the transfer has previously been
approved by the director, shall be null and void. The director
shall make rules and regulations to preclude any person from
using a corporation as a device to evade the provisions of this
section. The quotas assigned to any producer shall become
null and void as of any time the producer does not own the
means of production to which the quotas pertain. Quotas shall
in no event be considered as property and may be taken or
abolished by the state without compensation. [1991 c 239 §
12; 1971 ex.s. c 230 § 17.]
15.35.170
15.35.140
15.35.140 Director to establish systems within market areas. (1) The director shall establish a system of classifying, pricing, and pooling of all milk used in each market
area established under RCW 15.35.110.
(2) Thereafter the director may establish a system in each
market area for the equalization of returns for all quota milk
and all surplus over quota milk whereby all producers selling
milk to milk dealers or delivering milk in such market area, or
their cooperative associations, will receive the same prices
for all quota milk and all surplus over quota milk, except that
any premium paid to a producer by a dealer above established
prices shall not be considered in determining average pool
prices. Such prices may reflect adjustments based on the
value of component parts of each producer’s milk. [1991 c
239 § 10; 1971 ex.s. c 230 § 14.]
15.35.180 Records of milk dealers and cooperatives,
inspection and audit of. The director shall examine and
audit not less than one time each year or at any other such
time the director considers necessary, the books and records,
and may photostat such books, records, and accounts of milk
dealers and cooperatives licensed or believed subject to
license under this chapter for the purpose of determining:
(1) How payments to producers for the milk handled are
computed and whether the amount of such payments are in
accordance with the applicable marketing plan;
(2) If any provisions of this chapter affecting such payments directly or indirectly have been or are being violated.
No person shall in any way hinder or delay the director
in conducting such examination.
The director may accept and use for the purposes of this
section any audit made for or by a federal milk market order
administrator which provides the information necessary for
such purposes. [1991 c 239 § 13; 1971 ex.s. c 230 § 18.]
15.35.180
15.35.150
15.35.150 Determination of quota. (1) Under a market
pool and as used in this section, "quota" means a producer’s
or producer-dealer’s portion of the total sales of milk in a
market area in fluid form or, in the director’s discretion, in
other forms.
(2) The director may in each market area subject to a
market plan establish each producer’s and each producerdealer’s initial quota in the market area. Such initial quotas
shall be determined by the department after due notice and
the opportunity for a hearing as provided in chapter 34.05
RCW. In making this determination, consideration shall be
given to a history of the producer’s production record. In no
case shall a producer-dealer receive as a quota an amount
which is less than his or her fluid milk sales for the reference
period used by the director in determining quotas for other
producers.
In any system of establishing quotas, provision shall be
made for new producers to qualify for allocation of quota in a
reasonable proportion and for old and new producers to participate in any new increase in available quota in a reasonable
proportion. The director may establish a method to proportionately decrease quota allocations in the event decreases in
milk usage occur.
All subsequent changes or new quotas issued shall be
determined by the department after due notice and the opportunity for a hearing as provided in chapter 34.05 RCW.
[1993 c 345 § 10; 1992 c 58 § 5; 1991 c 239 § 11; 1971 ex.s.
c 230 § 15.]
[Title 15 RCW—page 56]
15.35.190 Records necessary for milk dealers. All
milk dealers subject to the provisions of this chapter shall
keep the records as deemed necessary by the director. [1971
ex.s. c 230 § 19.]
15.35.190
15.35.200 Verified reports of milk dealers. Each milk
dealer subject to the provisions of this chapter shall from time
to time, as required by rule of the director, make and file a
verified report, on forms prescribed by the director, of all
matters on account for which a record is required to be kept,
together with such other information or facts as may be perti15.35.200
(2010 Ed.)
Washington State Milk Pooling Act
nent and material within the scope of the purpose of this
chapter. Such reports shall cover a period specified in the
order, and shall be filed within a time fixed by the director.
[1971 ex.s. c 230 § 20.]
15.35.210 Milk dealer license—Required. It shall be
unlawful for any milk dealer subject to the provisions of a
marketing plan to handle milk subject to the provisions of
such marketing plan without first obtaining an annual license
from the director for each separate place of business where
such milk is received or sold. Such license shall be in addition
to any other license required by the laws of this state: PROVIDED, That the provisions of this section shall not become
effective for a period of sixty days subsequent to the inception of a marketing plan in any marketing area prescribed by
the director. [1971 ex.s. c 230 § 21.]
15.35.210
15.35.220 Milk dealer license—Application for—
Contents. Application for a license to act as a milk dealer
shall be on a form prescribed by the director and shall contain, but not be limited to, the following:
(1) The nature of the business to be conducted;
(2) The full name and address of the person applying for
the license if an individual; and if a partnership, the full name
and address of each member thereof; and if a corporation, the
full name and address of each officer and director;
(3) The complete address at which the business is to be
conducted;
(4) Facts showing that the applicant has adequate personnel and facilities to properly conduct the business of a milk
dealer;
(5) Facts showing that the applicant has complied with
all the rules prescribed by the director under the provisions of
this chapter;
(6) Any other reasonable information the director may
require. [1971 ex.s. c 230 § 22.]
15.35.220
15.35.230 Milk dealer license—Fees—Additional
assessment for late renewal. (1) Application for each milk
dealer’s license shall be accompanied by an annual license
fee to be established by the director by rule.
(2) If an application for the renewal of a milk dealer’s
license is not filed on or before the first day of an annual
licensing period a late fee of up to one-half of the license fee
shall be assessed and added to the original fee and shall be
paid by the applicant before the renewal license shall be
issued: PROVIDED, That such additional assessment shall
not apply if the applicant furnishes an affidavit that the applicant has not acted as a milk dealer subsequent to the expiration of his or her prior license. [1991 c 239 § 14; 1971 ex.s.
c 230 § 23.]
15.35.230
15.35.240 Milk dealer license—Denial, suspension,
or revocation of—Grounds. The director may deny, suspend, or revoke a license upon due notice and an opportunity
for a hearing as provided in chapter 34.05 RCW concerning
adjudicative proceedings, or rules adopted thereunder by the
director, when he or she is satisfied by a preponderance of the
evidence of the existence of any of the following facts:
15.35.240
(2010 Ed.)
15.35.250
(1) A milk dealer has failed to account and make payments without reasonable cause, for milk purchased from a
producer subject to the provisions of this chapter or rules
adopted hereunder;
(2) A milk dealer has committed any act injurious to the
public health or welfare or to trade and commerce in milk;
(3) A milk dealer has continued in a course of dealing of
such nature as to satisfy the director of his or her inability or
unwillingness to properly conduct the business of handling or
selling milk, or to satisfy the director of his or her intent to
deceive or defraud producers subject to the provisions of this
chapter or rules adopted hereunder;
(4) A milk dealer has rejected without reasonable cause
any milk purchased or has rejected without reasonable cause
or reasonable advance notice milk delivered in ordinary continuance of a previous course of dealing, except where the
contract has been lawfully terminated;
(5) Where the milk dealer is insolvent or has made a general assignment for the benefit of creditors or has been
adjudged bankrupt or where a money judgment has been
secured against him or her upon which an execution has been
returned wholly or partially satisfied;
(6) Where the milk dealer has been a party to a combination to fix prices, contrary to law; a cooperative association
organized under chapter 23.86 RCW and making collective
sales and marketing milk pursuant to the provisions of such
chapter, directly or through a marketing agent, shall not be
deemed or construed to be a conspiracy or combination in
restraint of trade or an illegal monopoly;
(7) Where there has been a failure either to keep records
or to furnish statements or information required by the director;
(8) Where it is shown that any material statement upon
which the license was issued is or was false or misleading or
deceitful in any particular;
(9) Where the applicant is a partnership or a corporation
and any individual holding any position or interest or power
of control therein has previously been responsible in whole or
in part for any act for which a license may be denied, suspended, or revoked, pursuant to the provisions of this chapter
or rules adopted hereunder;
(10) Where the milk dealer has violated any provisions
of this chapter or rules adopted hereunder;
(11) Where the milk dealer has ceased to operate the
milk business for which the license was issued. [2010 c 8 §
6051. Prior: 1989 c 307 § 36; 1989 c 175 § 47; 1987 c 164 §
1; 1971 ex.s. c 230 § 24.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Additional notes found at www.leg.wa.gov
15.35.250 Marketing assessment on producers—
Additional assessment for milk testing—Penalty—Court
action. (1) There is hereby levied upon all milk sold or
received in any marketing area subject to a marketing plan
established under the provisions of this chapter an assessment, not to exceed five cents per one hundred pounds of all
such milk, to be paid by the producer of such milk. Such
assessment shall be collected by the first milk dealer who
receives or handles such milk from any producer or his or her
15.35.250
[Title 15 RCW—page 57]
15.35.260
Title 15 RCW: Agriculture and Marketing
agent subject to such marketing plan and shall be paid to the
director for deposit into the agricultural local fund.
The amount to be assessed and paid to the director under
any marketing plan shall be determined by the director within
the limits prescribed by this subsection and shall be determined according to the necessities required to carry out the
purpose and provisions of this chapter under any such marketing plan.
(2) In the event a producer’s milk dealer does not provide milk testing in a state-certified laboratory, the director
may levy an additional assessment on all such milk, not to
exceed three cents per one hundred pounds of milk, to be paid
by the producer of such milk. Such assessment shall be collected by the first milk dealer who receives or handles such
milk from any producer or the producer’s agent subject to the
marketing plan and shall be paid to the director for deposit
into the agricultural local fund. Moneys from such assessments shall be used to provide testing of the milk in a statecertified laboratory.
The amount to be assessed and paid to the director under
this subsection shall be determined by the director within the
limits prescribed by this subsection.
(3) Upon the failure of any dealer to withhold out of
amounts due to or to become due to a producer at the time a
dealer is notified by the director of the amounts to be withheld and upon failure of such dealer to pay such amounts, the
director subject to the provisions of RCW 15.35.260, may
revoke the license of the dealer required by RCW 15.35.230.
The director may commence an action against the dealer in a
court of competent jurisdiction in the county in which the
dealer resides or has his principal place of business to collect
such amounts. If it is determined upon such action that the
dealer has wrongfully refused to pay the amounts the dealer
shall be required to pay, in addition to such amounts, all the
costs and disbursements of the action, to the director as determined by the court. If the director’s contention in such action
is not sustained, the director shall pay to the dealer all costs
and disbursements of the action as determined by the court.
[1993 c 345 § 11; 1991 c 239 § 15; 1971 ex.s. c 230 § 25.]
15.35.260 Records and reports of licensees for assessment purposes. Each licensee, in addition to other records
required under the provisions of this chapter, shall keep such
records and make such reports as the director may require for
the purpose of computing payments of assessments by such
licensee. [1971 ex.s. c 230 § 26.]
15.35.260
15.35.270 Assessment due date. All assessments on
milk subject to the provisions of this chapter and a marketing
order shall be paid to the director on or before the twentieth
day of the succeeding month for the milk which was received
or handled in the previous month. [1971 ex.s. c 230 § 27.]
15.35.270
15.35.280 Separate account for each marketing
plan—Deductions for departmental costs. The director
shall establish a separate account for each marketing plan
established under the provisions of this chapter, and all
license fees and assessments collected under any such marketing plan shall be deposited in its separate account to be
used only for the purpose of carrying out the provisions of
15.35.280
[Title 15 RCW—page 58]
such marketing plan: PROVIDED, That the director may
deduct from each such account the necessary costs incurred
by the department. Such costs shall be prorated among the
several marketing plans if more than one is in existence under
the provisions of this chapter. [1971 ex.s. c 230 § 28.]
15.35.290 Court actions to implement. In addition to
any other remedy provided by law, the director in the name of
the state shall have the right to sue in any court of competent
jurisdiction for the recovery of any moneys due it from any
persons subject to the provisions of this chapter and shall also
have the right to institute suits in equity for injunctive relief
and for purpose of enforcement of the provisions of this chapter. [1971 ex.s. c 230 § 29.]
15.35.290
15.35.300 General penalty—Misdemeanor—Exception. Any violation of this chapter and/or rules and regulations adopted thereunder shall constitute a misdemeanor:
PROVIDED, That this section shall not apply to retail purchasers who purchase milk for domestic consumption. [1971
ex.s. c 230 § 30.]
15.35.300
15.35.310 Certain producer-dealers exempt. (1)
Except as provided in RCW 15.35.115, the provisions of this
chapter shall not apply to persons designated as producerdealers, except that:
(a) The director may require pursuant to RCW 15.35.100
any information deemed necessary to verify a producerdealer’s status as a producer-dealer; and
(b) A producer-dealer shall comply with all requirements
of this chapter applicable to milk dealers, except those which
the director may deem unnecessary.
(2) The director shall upon request designate producerdealers and adopt rules governing eligibility for designation
of a producer-dealer and cancellation of such designation. To
receive such designation, a producer-dealer shall, at a minimum:
(a) In its capacity as a handler, have and exercise complete and exclusive control over the operation and management of a plant at which it handles and processes milk
received from its own milk production resources and facilities as designated in subsection (4)(a) of this section, the
operation and management of which are under the complete
and exclusive control of the producer-dealer in its capacity as
a dairy farmer;
(b) Neither receive at its designated milk production
resources and facilities nor receive, handle, process, or distribute at or through any of its milk handling, processing, or
distributing resources and facilities, as designated in subsection (4)(b) of this section, milk products for reconstitution
into fluid milk products, or fluid milk products derived from
any source other than (i) its designated milk production
resources and facilities, (ii) other milk dealers within the limitation specified in subsection (2)(e) of this section, or (iii)
nonfat milk solids which are used to fortify fluid milk products;
(c) Neither be directly nor indirectly associated with the
business control or management of, nor have a financial
interest in, another dealer’s operation; nor shall any other
dealer be so associated with the producer-dealer’s operation;
15.35.310
(2010 Ed.)
Milk and Milk Products
(d) Not allow milk from the designated milk production
resources and facilities of the producer-dealer to be delivered
in the name of another person as producer milk to another
handler; and
(e) Not handle fluid milk products derived from sources
other than the designated milk production facilities and
resources, except for fluid milk product purchased from pool
plants which do not exceed in the aggregate a daily average
during the month of one hundred pounds.
(3) Designation of any person as a producer-dealer following a cancellation of its prior designation shall be preceded by performance in accordance with subsection (2) of
this section for a period of one month.
(4) Designation of a person as a producer-dealer shall
include the determination and designation of the milk production, handling, processing, and distributing resources and
facilities, all of which shall be deemed to constitute an integrated operation, as follows:
(a) As milk production resources and facilities: All
resources and facilities, milking herd, buildings housing such
herd, and the land on which such buildings are located, used
for the production of milk:
(i) Which are directly, indirectly, or partially owned,
operated, or controlled by the producer-dealer;
(ii) In which the producer-dealer in any way has an interest including any contractual arrangement; and
(iii) Which are directly, indirectly, or partially owned,
operated, or controlled by any partner or stockholder of the
producer-dealer. However, for purposes of this item
(4)(a)(iii) any such milk production resources and facilities
which the producer-dealer proves to the satisfaction of the
director do not constitute an actual or potential source of milk
supply for the producer-dealer’s operation as such shall not
be considered a part of the producer-dealer’s milk production
resources and facilities; and
(b) As milk handling, processing, and distributing
resources and facilities: All resources and facilities including
store outlets used for handling, processing, and distributing
any fluid milk product:
(i) Which are directly, indirectly, or partially owned,
operated, or controlled by the producer-dealer; or
(ii) In which the producer-dealer in any way has an interest, including any contractual arrangement, or with respect to
which the producer-dealer directly or indirectly exercises any
degree of management or control.
(5) Designation as a producer-dealer shall be canceled
automatically upon determination by the director that any of
the requirements of subsection (2) of this section are not continuing to be met, such cancellation to be effective on the first
day of the month following the month in which the requirements were not met, or the conditions for cancellation
occurred. [1992 c 58 § 6; 1991 c 239 § 16; 1971 ex.s. c 230
§ 31.]
15.35.900 Severability—1971 ex.s. c 230. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provisions to other persons or circumstances, is not affected. [1971 ex.s. c 230 § 32.]
15.35.900
(2010 Ed.)
Chapter 15.36
15.36.012
Chapter 15.36 RCW
MILK AND MILK PRODUCTS
(Formerly: Fluid milk)
Sections
15.36.002
15.36.012
15.36.021
15.36.025
15.36.041
15.36.051
15.36.071
15.36.081
15.36.091
15.36.101
15.36.111
15.36.131
15.36.141
15.36.151
15.36.161
15.36.171
15.36.181
15.36.191
15.36.201
15.36.206
15.36.221
15.36.231
15.36.241
15.36.261
15.36.271
15.36.281
15.36.401
15.36.412
15.36.421
15.36.451
15.36.454
15.36.455
15.36.457
15.36.471
15.36.473
15.36.475
15.36.481
15.36.491
15.36.511
15.36.525
15.36.531
15.36.541
15.36.551
15.36.561
Intent.
Definitions.
Milk and milk products—Rule-making authority—Grade A
pasteurized and raw milk—Grade C milk and milk products.
Application of chapter 34.05 RCW.
Milk producer’s license.
Milk processing plant license—Fee waiver.
Milk hauler’s license—Endorsements.
Dairy technician’s license—Application—Renewal—Fees.
Dairy technician’s license—Records—Inspection of.
Milk wash station license.
Inspection of dairy farms and milk processing plants—Violations—Director’s access.
Sale of out-of-state grade A milk and milk products.
Grading of milk and milk products.
Unlawful to sell, offer for sale, or deliver certain products—
Diseased animals—Colostrum—Exceptions.
Cows, goats, and other mammals—Animal health requirements.
Grades of milk and milk products that may be sold.
Sale of adulterated or misbranded milk or milk products prohibited—Possession restricted.
Milk or milk product analysis—Report of violative results.
Examination of milk and milk products—Violations—Director’s options.
Source of milk and milk products—Seller’s disclosure.
Grade A raw milk—Cooling.
Raw milk or milk products—Bottling and capping—Packaging—Labeling.
Capping of milk or milk products.
Butter or cheese—Pasteurization of milk or cream.
"Pasteurized"—Use of word regulated.
Unlawful use of containers—Seizure authorized.
Licenses—Denial, suspension, revocation—Reasons.
Issuance of cease and desist order.
Milk processing plant or producer—License suspension.
Regrading of milk or milk products—Reinstatement of
license.
Failure to comply with chapter or rules—Civil penalties.
Violations—Notice, orders, damages.
Authority to assess civil penalty.
Component parts of fluid dairy products—Violations of standards—Civil penalty—Investigation.
Failure to comply with chapter or rules—Criminal penalties.
Laboratory tests—Admission as evidence.
Violations may be enjoined.
Licenses—Money deposited in general fund—Exception.
Unlawful actions.
Sanitary certificates—Rules—Fee for issuance.
Declaration of police power.
Chapter cumulative.
Dairy inspection program—Assessment.
Dairy inspection program—Advisory committee—Purpose—
Terms.
15.36.002 Intent. This chapter is intended to enact state
legislation that safeguards the public health and promotes
public welfare by: (1) Protecting the consuming public from
milk or milk products that are: (a) Unsafe; (b) produced
under unsanitary conditions; (c) do not meet bacterial standards under the PMO; or (d) below the quality standards
under Title 21 C.F.R. or administrative rules and orders
adopted under this chapter; and (2) requiring licensing of all
aspects of the dairy production and processing industry.
[1994 c 143 § 101.]
15.36.002
15.36.012 Definitions. For the purpose of this chapter:
"Adulterated milk" means milk that is deemed adulterated under appendix L of the PMO.
"Colostrum milk" means milk produced within ten days
before or until practically colostrum free after parturition.
15.36.012
[Title 15 RCW—page 59]
15.36.021
Title 15 RCW: Agriculture and Marketing
"DMO" means supplement I, the recommended sanitation ordinance for grade A condensed and dry milk products
and condensed and dry whey, to the PMO published by the
United States public health service, food and drug administration.
"Dairy farm" means a place or premises where one or
more cows, goats, or other mammals are kept, a part or all of
the milk or milk products from which is sold or offered for
sale.
"Dairy technician" means any person who takes samples
of milk or cream or fluid derivatives thereof, on which sample tests are to be made as a basis of payment, or who grades,
weighs, or measures milk or cream or the fluid derivatives
thereof, the grade, weight, or measure to be used as a basis of
payment, or who operates equipment wherein milk or products thereof are pasteurized.
"Degrade" means the lowering in grade from grade A to
grade C.
"Department" means the state department of agriculture.
"Director" means the director of agriculture of the state
of Washington or the director’s duly authorized representative.
"Grade A milk processing plant" means any milk processing plant that meets all of the standards of the PMO to
process grade A pasteurized milk or milk products.
"Grade A pasteurized milk" means grade A raw milk that
has been pasteurized.
"Grade A raw milk" means raw milk produced upon
dairy farms conforming with all of the items of sanitation
contained in the PMO, in which the bacterial plate count does
not exceed twenty thousand per milliliter and the coliform
count does not exceed ten per milliliter as determined in
accordance with RCW 15.36.201.
"Grade A raw milk for pasteurization" means raw milk
produced upon dairy farms conforming with all of the same
items of sanitation contained in the PMO of grade A raw
milk, and the bacterial plate count, as delivered from the
farm, does not exceed eighty thousand per milliliter as determined in accordance with RCW 15.36.201.
"Grade C milk" is milk that violates any of the requirements for grade A milk but that is not deemed to be adulterated.
"Milk" means the lacteal secretion, practically free of
colostrum, obtained by the complete milking of one or more
healthy cows, goats, or other mammals.
"Milk hauler" means a person who transports milk or
milk products in bulk to or from a milk processing plant,
receiving station, or transfer station.
"Milk processing" means the handling, preparing, packaging, or processing of milk in any manner in preparation for
sale as food, as defined in chapter 69.04 RCW. Milk processing does not include milking or producing milk on a dairy
farm that is shipped to a milk processing plant for further processing.
"Milk processing plant" means a place, premises, or
establishment where milk or milk products are collected, handled, processed, stored, bottled, pasteurized, aseptically processed, bottled, or prepared for distribution, except an establishment that merely receives the processed milk products
and serves them or sells them at retail.
[Title 15 RCW—page 60]
"Milk products" means the product of a milk manufacturing process.
"Misbranded milk" means milk or milk products that
carries a grade label unless such grade label has been
awarded by the director and not revoked, or that fails to conform in any other respect with the statements on the label.
"Official laboratory" means a biological, chemical, or
physical laboratory that is under the direct supervision of the
state or a local regulatory agency.
"Officially designated laboratory" means a commercial
laboratory authorized to do official work by the department,
or a milk industry laboratory officially designated by the
department for the examination of grade A raw milk for pasteurization and commingled milk tank truck samples of raw
milk for antibiotic residues and bacterial limits.
"PMO" means the grade "A" pasteurized milk ordinance
published by the United States public health service, food and
drug administration.
"Pasteurized" means the process of heating every particle of milk or milk product in properly designed and operated
equipment to the temperature and time standards specified in
the PMO.
"Person" means an individual, partnership, firm, corporation, company, trustee, or association.
"Producer" means a person or organization who operates
a dairy farm and provides, sells, or offers milk for sale.
"Receiving station" means a place, premises, or establishment where raw milk is received, collected, handled,
stored, or cooled and prepared for further transporting.
"Sale" means selling, offering for sale, holding for sale,
preparing for sale, distributing, dispensing, delivering, supplying, trading, bartering, offering a gift as an inducement for
sale of, and advertising for sale in any media.
"Transfer station" means any place, premises, or establishment where milk or milk products are transferred directly
from one milk tank truck to another.
"Wash station" means a place, facility, or establishment
where milk tanker trucks are cleaned in accordance with the
standards of the PMO. [2006 c 157 § 2; 1999 c 291 § 1; 1995
c 374 § 1; 1994 c 143 § 102; 1989 c 354 § 1; 1961 c 11 §
15.32.010. Prior: 1955 c 238 § 71; prior: (i) 1943 c 90 § 1,
part; 1933 c 188 § 1, part; 1929 c 213 § 1, part; 1927 c 192 §
1, part; 1919 c 192 § 1, part; Rem. Supp. 1943 § 6164, part.
(ii) 1929 c 213 § 6, part; 1927 c 192 § 16, part; 1921 c 104 §
3, part; 1919 c 192 § 41, part; RRS § 6203, part. Formerly
RCW 15.32.010.]
Findings—2006 c 157: "The legislature finds that chapter 15.36 RCW
includes the regulation of raw milk and raw milk products including arrangements known as "cow shares" in which one or more individuals purchase one
or more shares in a milk-producing animal in return for a portion of the milk
that is produced. The legislature also finds that the agencies charged with
protecting public health and safety need to have strong enforcement mechanisms and be able to respond rapidly, comprehensively, and effectively. It is
not the intent of this act to prohibit either the sale of raw milk or cow share
or similar arrangements by producers and processors who are properly
licensed under chapter 15.36 RCW." [2006 c 157 § 1.]
Additional notes found at www.leg.wa.gov
15.36.021 Milk and milk products—Rule-making
authority—Grade A pasteurized and raw milk—Grade C
milk and milk products. The director of agriculture is
authorized to:
15.36.021
(2010 Ed.)
Milk and Milk Products
(1) Adopt rules necessary to carry out the purposes of
chapter 15.36 RCW, which includes rules governing the farm
storage tank and bulk milk tanker requirements, however the
rules may not restrict the display or promotion of products
covered under this section.
(2) By rule, establish, amend, or both, definitions and
standards for milk and milk products. Such definitions and
standards established by the director shall conform, insofar as
practicable, with the definitions and standards for milk and
milk products adopted by the federal food and drug administration.
(3) By rule, adopt the PMO, DMO, and supplemental
documents by reference to establish requirements for grade A
pasteurized and grade A raw milk.
(4) Adopt rules establishing standards for grade A pasteurized and grade A raw milk that are more stringent than
the PMO based upon current industry or public health information for the enforcement of this chapter whenever he or
she determines that any such rules are necessary to carry out
the purposes of this section and RCW 15.36.481.
(5) By rule, certify an officially designated laboratory to
analyze milk for standard of quality, adulteration, contamination, and unwholesomeness.
(6) Adopt rules setting standards and requirements for
the production of grade C milk and milk products. [1999 c
291 § 2; 1996 c 188 § 3; 1994 c 143 § 103; 1989 c 354 § 13;
1969 ex.s. c 102 § 1. Formerly RCW 15.36.011.]
Repealed definitions constitute rules: "The definitions constituting
section 15.36.010, chapter 11, Laws of 1961 and RCW 15.36.010 as hereinafter in section 7 of this 1969 amendatory act repealed are hereby constituted
and declared to be operative and to remain in force as the rules of the department of agriculture until such time as amended, modified, or revoked by the
director of agriculture." [1969 ex.s. c 102 § 2.]
Additional notes found at www.leg.wa.gov
15.36.025 Application of chapter 34.05 RCW. Chapter 34.05 RCW governs the rights, remedies, and procedures
respecting the administration of this chapter, including rule
making, assessment of civil penalties, emergency actions,
and license suspension, revocation, or denial. [1999 c 291 §
3.]
15.36.025
15.36.041 Milk producer’s license. Every milk producer must obtain a milk producer’s license to operate as a
milk producer as defined in this chapter. A milk producer’s
license is not transferable with respect to persons or locations
or both. The license, issued by the director upon approval of
an application for the license and compliance with the provisions of this chapter, shall contain the license number, name,
residence, and place of business, if any, of the licensee.
[1994 c 143 § 202.]
15.36.041
15.36.081
ucts as defined for each type of milk or milk product processing. Application for a license shall be on a form prescribed
by the director and accompanied by a fifty-five dollar annual
license fee. The applicant shall include on the application the
full name of the applicant for the license and the location of
the milk processing plant he or she intends to operate and any
other necessary information. Upon the approval of the application by the director and compliance with the provisions of
this chapter, including the applicable rules adopted under this
chapter by the department, the applicant shall be issued a
license or a renewal of a license.
Licenses shall be issued to cover only those products,
processes, and operations specified in the license application
and approved for licensing. If a license holder wishes to
engage in processing a type of milk product that is different
than the type specified on the application supporting the licensee’s existing license and processing that type of food
product would require a major addition to or modification of
the licensee’s processing facilities, the licensee shall submit
an amendment to the current license application. In such a
case, the licensee may engage in processing the new type of
milk product only after the amendment has been approved by
the department.
A licensee under this section shall not be required to
obtain a food processing plant license under chapter 69.07
RCW to process milk or milk products.
The director shall waive the fee for a food processing
license under chapter 69.07 RCW for persons who are also
licensed as a milk processing plant. [2005 c 414 § 1; 1999 c
291 § 4; 1994 c 143 § 203; 1991 c 109 § 2; 1961 c 11 §
15.32.110. Prior: (i) 1927 c 192 § 11; 1923 c 27 § 8; 1919 c
192 § 29; RRS § 6192. (ii) 1919 c 192 § 33; RRS § 6195.
Formerly RCW 15.32.110.]
Effective date—2005 c 414 §§ 1 and 4: "Sections 1 and 4 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect July 1, 2005." [2005 c 414 § 5.]
15.36.071 Milk hauler’s license—Endorsements. A
milk hauler must obtain a milk hauler’s license to conduct the
operation under this chapter. A milk hauler’s license is not
transferable with respect to persons or locations or both. The
license, issued by the director upon approval of an application for the license and compliance with the provisions of this
chapter, shall contain the license number, name, residence,
and place of business, if any, of the licensee. A milk hauler’s
license shall also contain endorsements for individual milk
transport vehicles. The license plate number and registration
number for each milk transport vehicle shall be listed on the
endorsement. [1995 c 374 § 2; 1994 c 143 § 205.]
15.36.071
Additional notes found at www.leg.wa.gov
15.36.051 Milk processing plant license—Fee waiver.
A milk processing plant must obtain an annual milk processing plant license from the department, which shall expire on
June 30 of each year. A milk processing plant may choose to
process (1) grade A milk and milk products, or (2) other milk
products that are not classified grade A.
Only one license may be required to process milk; however, milk processing plants must obtain the necessary
endorsements from the department in order to process prod15.36.051
(2010 Ed.)
15.36.081 Dairy technician’s license—Application—
Renewal—Fees. A dairy technician must obtain a dairy
technician’s license to conduct operations under this chapter.
Such license shall be limited to those functions which the licensee has been found qualified to perform. Before issuing the
license the director shall assess the applicant’s qualifications
and may test the applicant for the functions for which application has been made.
15.36.081
[Title 15 RCW—page 61]
15.36.091
Title 15 RCW: Agriculture and Marketing
Application for a license as a dairy technician shall be
made upon forms provided by the director, and shall be filed
with the department. The director may issue a temporary
license to the applicant for such period as may be prescribed
and stated in the license, not to exceed sixty days, but the
license may not be renewed to extend the period beyond sixty
days.
The initial application for a dairy technician’s license
must be accompanied by a license fee of ten dollars. The fee
for renewal of the license is five dollars. All dairy technicians’ licenses shall expire on December 31 of odd-numbered
years. [1999 c 291 § 5; 1994 c 143 § 206; 1963 c 58 § 6; 1961
c 11 § 15.32.580. Prior: 1943 c 90 § 4; 1927 c 192 § 8; 1923
c 27 § 7; 1919 c 192 § 26; Rem. Supp. 1943 § 6189. Formerly
RCW 15.32.580.]
15.36.091
15.36.091 Dairy technician’s license—Records—
Inspection of. Licensed dairy technicians shall personally
take all samples, conduct all tests, and determine all weights
and grades of milk and milk products bought, sold, or delivered upon the basis of weight or grade or on the basis of the
milk fat, nonfat milk solids, or other components contained
therein. Each licensee shall keep a copy of every original
report of each test, weight, or grade made by him or her for a
period of two months after making the report. No unfair,
fraudulent, or manipulated sample shall be taken or delivered
for analysis. [1994 c 143 § 207; 1963 c 58 § 9; 1961 c 11 §
15.32.590. Prior: 1927 c 192 § 7, part; 1923 c 27 § 6, part;
1919 c 192 § 25, part; RRS § 6188, part. Formerly RCW
15.32.590.]
15.36.101
15.36.101 Milk wash station license. A wash station
operator must obtain a milk wash station license to conduct
the operation under this chapter for all wash stations separate
from a milk processing plant. A milk wash station license is
not transferable with respect to persons or locations or both.
The license, issued by the director upon approval of an application for such license and compliance with the provisions of
this chapter, shall contain the license number, name, residence, and place of business, if any, of the licensee. [1994 c
143 § 208.]
15.36.111
15.36.111 Inspection of dairy farms and milk processing plants—Violations—Director’s access. (1) The
director shall inspect all dairy farms and all milk processing
plants prior to issuance of a license under this chapter and at
a frequency determined by the director by rule: PROVIDED,
That the director may accept the results of periodic industry
inspections of producer dairies if such inspections have been
officially checked periodically and found satisfactory. In
case the director discovers the violation of any item of grade
requirement, he or she shall make a second inspection after a
lapse of such time as he or she deems necessary for the defect
to be remedied, but not before the lapse of three days, and the
second inspection shall be used in determining compliance
with the grade requirements of this chapter. Whenever there
is any violation of the same requirement of this chapter on the
second inspection, the director may initiate proceedings to
degrade, suspend the license, or assess a civil penalty.
[Title 15 RCW—page 62]
(2) One copy of the inspection report detailing the grade
requirement violations shall be posted by the director in a
conspicuous place upon an inside wall of the milk tank room
or a mutually agreed upon location on a dairy farm or given
to an operator of the milk processing plant, and said inspection report shall not be defaced or removed by any person
except the director. Another copy of the inspection report
shall be filed with the records of the director.
(3) Every milk producer and milk processing plant shall
permit the director access to all parts of the establishment
during the working hours of the producer or milk processing
plant, which shall at a minimum include the hours from 8
a.m. to 5 p.m., and every milk processing plant shall furnish
the director, upon his or her request, for official use only,
samples of any milk product for laboratory analysis, and a
true statement of the actual quantities of milk and milk products of each grade purchased and sold.
(4) The director shall have access to all parts of a dairy
farm or facility that is not licensed as a milk producer or milk
processing plant if the director has information that the dairy
farm or facility is engaged in activities that require a license
under this chapter. The director shall have access during the
working hours of the dairy farm or facility, which shall at a
minimum include the hours from 8 a.m. to 5 p.m. The director shall have the authority to take samples of milk or any
milk products and water and environmental samples for laboratory analysis. For all establishments subject to this subsection and subsection (3) of this section, the director shall
have access to records including, but not limited to, customer
lists, milk production records, temperature records, and
records of inspections and tests.
(5) If the director is denied access to a dairy farm or milk
processing plant, the director may apply to a court of competent jurisdiction for a search warrant authorizing access to the
property and facilities for purposes of conducting tests and
inspections, taking samples, and examining records. To
show that access is denied, the director shall file with the
court an affidavit or declaration containing a description of
his or her attempts to notify and locate the owner or the
owner’s agent and to secure consent. Upon application, the
court may issue a search warrant for the purposes requested.
[2006 c 157 § 3; 1999 c 291 § 6; 1996 c 189 § 1; 1994 c 143
§ 209; 1961 c 11 § 15.36.100. Prior: 1949 c 168 § 5; Rem.
Supp. 1949 § 6266-34. Formerly RCW 15.36.100.]
Findings—2006 c 157: See note following RCW 15.36.012.
Additional notes found at www.leg.wa.gov
15.36.131 Sale of out-of-state grade A milk and milk
products. Grade A milk and milk products from outside the
state may not be sold in the state of Washington unless produced and/or pasteurized under provisions equivalent to the
requirements of this chapter and the PMO: PROVIDED,
That the director shall satisfy himself or herself that the
authority having jurisdiction over the production and processing is properly enforcing such provisions. [1994 c 143 §
211; 1961 c 11 § 15.36.500. Prior: 1949 c 168 § 11; Rem.
Supp. 1949 § 6266-39. Formerly RCW 15.36.500.]
15.36.131
15.36.141 Grading of milk and milk products.
Grades of milk and milk products as defined in this chapter
15.36.141
(2010 Ed.)
Milk and Milk Products
shall be based on the respectively applicable standards contained in this chapter, with the grading of milk products being
identical with the grading of milk, except that bacterial standards are omitted in the case of cultured milk products. Vitamin D milk shall be only of grade A, certified pasteurized, or
certified raw quality. The grade of a milk product shall be that
of the lowest grade milk or milk product used in its preparation. [1994 c 143 § 510; 1984 c 226 § 3; 1981 c 297 § 2; 1961
c 11 § 15.36.120. Prior: 1955 c 238 § 12; prior: 1949 c 168
§ 7, part; Rem. Supp. 1949 § 6266-36, part. Formerly RCW
15.36.120.]
Additional notes found at www.leg.wa.gov
15.36.201
with state and national standards for animal disease eradication.
(3) Cows, goats, and other mammals showing chronic
mastitis, whether producing abnormal milk or not, shall be
permanently excluded from the milking herd. Cows, goats,
and other mammals producing bloody, stringy, or otherwise
abnormal milk, but with only slight inflammation of the
udder shall be excluded from the herd until reexamination
shows that the milk has become normal. [1999 c 291 § 8;
1982 c 131 § 2; 1961 c 11 § 15.36.150. Prior: 1955 c 238 §
15; prior: 1949 c 168 § 7, part; Rem. Supp. 1949 § 6266-36,
part. Formerly RCW 15.36.150.]
15.36.171 Grades of milk and milk products that
may be sold. The director may revoke the license of any
milk processing plant or producer whose product fails to
qualify as grade A pasteurized or grade A raw, or in lieu
thereof may degrade the product to grade C and permit its
sale as other than fluid milk or grade A milk products during
a period not exceeding thirty days. In the event of an emergency, the director may permit the sale of grade C milk for
more than thirty days. [1999 c 291 § 9; 1995 c 374 § 3; 1994
c 143 § 301; 1989 c 354 § 22; 1961 c 11 § 15.36.470. Prior:
1949 c 168 § 8; Rem. Supp. 1949 § 6266-37. Formerly RCW
15.36.470.]
15.36.171
15.36.151
15.36.151 Unlawful to sell, offer for sale, or deliver
certain products—Diseased animals—Colostrum—
Exceptions. It is unlawful to sell, offer for sale, or deliver:
(1) Milk or products produced from milk from cows,
goats, or other mammals affected with disease or of which
the owner thereof has refused official examination and tests
for disease; or
(2) Colostrum milk for consumption by humans, except
that this prohibition regarding colostrum milk does not apply
to:
(a) Colostrum milk made or to be made available to persons having multiple sclerosis, or other persons acting on
their behalf, who, at the time of the initial sale, present a
form, signed by a licensed physician, certifying that the
intended user has multiple sclerosis and that the user releases
the provider of the milk from liability resulting from the consumption of the milk; or
(b) Colostrum milk processed or to be processed by a
licensed food processing facility or a milk processing plant as
a nutritional supplement in accordance with the federal
dietary supplement health and education act. Colostrum milk
used for this purpose must be pasteurized or otherwise subjected to a heat process or other treatment sufficient to kill
harmful organisms.
Colostrum milk described in subsection (2)(a) or (b) of
this section is exempt from the prohibition provided by subsection (2) of this section if it comes from a licensed producer. Such colostrum milk is also exempt from meeting the
standards for grade A raw milk required by this chapter.
[2000 c 97 § 1; 1999 c 291 § 7; 1994 c 143 § 303; 1981 c 321
§ 1; 1961 c 11 § 15.32.160. Prior: 1929 c 213 § 9; 1919 c 192
§ 49; RRS § 6211. Formerly RCW 15.32.160.]
15.36.161
15.36.161 Cows, goats, and other mammals—Animal
health requirements. (1) All milking cows, goats, and other
mammals must meet the animal health requirements established by the state veterinarian under the authority of chapter
16.36 RCW.
(2) Milk or milk products from cows, goats, and other
mammals intended for consumption in the raw state must be
from a herd which is tested negative within the previous
twelve months for brucellosis, tuberculosis, and any other
disease the director may designate by rule. Additions to the
herd must be tested negative for the diseases within the previous thirty days before introduction into the herd. The state
veterinarian shall direct all testing procedures in accordance
(2010 Ed.)
Additional notes found at www.leg.wa.gov
15.36.181 Sale of adulterated or misbranded milk or
milk products prohibited—Possession restricted. No person shall produce, sell, offer, or expose for sale, or have in
possession with intent to sell, any milk or milk product which
is adulterated or misbranded. It is unlawful for any person,
elsewhere than in a private home, to have in possession any
adulterated or misbranded milk or milk products.
Adulterated or misbranded milk or milk products may be
impounded and disposed of by the director. [1999 c 291 § 10;
1994 c 143 § 302; 1961 c 11 § 15.36.070. Prior: 1949 c 168
§ 2; Rem. Supp. 1949 § 6266-31. Formerly RCW 15.36.070.]
15.36.181
15.36.191 Milk or milk product analysis—Report of
violative results. After obtaining a sample of milk or milk
product for analysis, the department shall, within ten days of
obtaining the result of the analysis, send any violative results
to the person from whom the sample was taken or to the person responsible for the condition of the milk. [1999 c 291 §
11; 1994 c 143 § 304; 1989 c 354 § 11; 1961 c 11 §
15.32.530. Prior: 1907 c 234 § 12; RRS § 6278. Formerly
RCW 15.32.530.]
15.36.191
Additional notes found at www.leg.wa.gov
15.36.201 Examination of milk and milk products—
Violations—Director’s options. (1) During any consecutive six months at least four samples of raw milk, raw milk
for pasteurization, or both, from each dairy farm and raw
milk for pasteurization, after receipt by the milk processing
plant and prior to pasteurization, heat-treated milk products,
and pasteurized milk and milk products from each grade A
milk processing plant, for purposes of compliance with the
PMO, shall be collected in at least four separate months and
examined in an official laboratory: PROVIDED, That in the
15.36.201
[Title 15 RCW—page 63]
15.36.206
Title 15 RCW: Agriculture and Marketing
case of raw milk for pasteurization the director may accept
the results of an officially designated laboratory.
(2) If two of the last four consecutive bacterial counts,
somatic cell counts, coliform determinations, or cooling temperatures, taken on separate days, exceed the standard for
milk or milk products established in this chapter and rules
adopted under this chapter, the director shall send written
notice thereof to the person concerned. This notice shall
remain in effect so long as two of the last four consecutive
samples exceed the limit of the same standard. An additional
sample shall be taken after sending of the notice, but not
before the lapse of three days. The director may initiate proceedings to degrade or suspend the milk producer’s license or
milk processing plant license or assess a civil penalty whenever the standard is again violated so that three of the last five
consecutive samples exceed the limit of the same standard.
[1999 c 291 § 12. Prior: 1994 c 143 § 401; 1994 c 46 § 11;
1989 c 354 § 17; 1981 c 297 § 1; 1961 c 11 § 15.36.110;
prior: 1955 c 238 § 10; 1949 c 168 § 6; Rem. Supp. 1949 §
6266-35. Formerly RCW 15.36.110.]
Additional notes found at www.leg.wa.gov
15.36.206 Source of milk and milk products—
Seller’s disclosure. Any person selling milk or milk products shall furnish the director, upon request, with the name of
all milk processing plants or distributors from whom their
milk and milk products are obtained. [1999 c 291 § 13.]
ner by means of approved equipment and operations. The
cap or cover shall cover the pouring lip to at least its largest
diameter. [2005 c 414 § 3; 1961 c 11 § 15.36.420. Prior:
1955 c 238 § 64; prior: 1949 c 168 § 7, part; Rem. Supp.
1949 § 6266-36, part. Formerly RCW 15.36.420.]
15.36.261 Butter or cheese—Pasteurization of milk
or cream. All milk or cream used in the manufacture of pasteurized butter or cheese shall be pasteurized only in the plant
where the butter or cheese is manufactured. [1961 c 11 §
15.32.410. Prior: 1919 c 192 § 12; RRS § 6175. Formerly
RCW 15.32.410.]
15.36.261
15.36.271 "Pasteurized"—Use of word regulated.
No person shall use the word "pasteurized" in connection
with the sale, designation, advertising, labeling, or billing of
milk, cream, or any milk product unless the same and all milk
products used in the manufacture thereof consist exclusively
of milk, skimmed milk, or cream that has been pasteurized in
its final form. [1989 c 354 § 7; 1961 c 11 § 15.32.420. Prior:
1919 c 192 § 71; RRS § 6233. Formerly RCW 15.32.420.]
15.36.271
Additional notes found at www.leg.wa.gov
15.36.206
15.36.221 Grade A raw milk—Cooling. Milk and
milk products for consumption in the raw state or for pasteurization shall be cooled within two hours of completion of
milking to forty degrees Fahrenheit or less and maintained at
that temperature until picked up, in accordance with RCW
15.36.201, so long as the blend temperature after the first and
following milkings does not exceed fifty degrees Fahrenheit.
[1995 c 374 § 4; 1984 c 226 § 5; 1961 c 11 § 15.36.260. Prior:
1955 c 238 § 37; prior: 1949 c 168 § 7, part; Rem. Supp.
1949 § 6266-36, part. Formerly RCW 15.36.260.]
15.36.221
Additional notes found at www.leg.wa.gov
15.36.231 Raw milk or milk products—Bottling and
capping—Packaging—Labeling. (1) Milk and milk products for consumption in the raw state shall be bottled or packaged on the farm where produced. Bottling and capping shall
be done in a sanitary manner by means of approved equipment and operations. Caps or cap stock shall be purchased in
sanitary containers and kept therein in a clean dry place until
used.
(2) All containers enclosing raw milk or any raw milk
product shall be plainly labeled or marked with the word
"raw" and the name of the producer or packager. The label or
mark shall be in letters of a size, kind, and color approved by
the director and shall contain no marks or words which are
misleading. [2005 c 414 § 2; 1999 c 291 § 14; 1961 c 11 §
15.36.265. Prior: 1955 c 238 § 38; prior: 1949 c 168 § 7,
part; Rem. Supp. 1949 § 6266-36, part. Formerly RCW
15.36.265.]
15.36.231
15.36.241 Capping of milk or milk products. Capping of milk or milk products shall be done in a sanitary man15.36.241
[Title 15 RCW—page 64]
15.36.281 Unlawful use of containers—Seizure
authorized. (1) It shall be unlawful for a person other than
the owner, to possess for sale or barter or to use a container
that is used to distribute packaged milk or milk products and
that bears the name or trademark of an owner that has been
properly registered.
(2) A person receiving packaged dairy products in containers bearing the registered name or trademark of the owner
shall return the containers to the owner.
(3) When such a container is in the possession of a person other than the owner, the director may seize and hold it
until it is established to the director’s satisfaction that such
possession is lawful. The director may seize such containers
and return them to the owner, in which case the owner shall
pay the expenses thereof. Neither the director nor a person
who returns such containers shall be liable for containers lost
in transportation. [1994 c 143 § 508; 1961 c 11 § 15.32.450.
Prior: (i) 1927 c 192 § 22, part; 1923 c 27 § 12, part; 1919 c
192 § 86, part; 1915 c 101 § 1, part; RRS § 6259, part. (ii)
1915 c 101 § 3; RRS § 6261. (iii) 1927 c 192 § 22a; 1915 c
101 § 4; RRS § 6262. (iv) 1927 c 192 § 22b; 1915 c 101 § 5;
RRS § 6263. Formerly RCW 15.32.450.]
15.36.281
15.36.401 Licenses—Denial, suspension, revocation—Reasons. (1) A license issued under this chapter may
be denied, suspended, or revoked by the director when a person:
(a) Fails to comply with the provisions of this chapter or
the rules adopted under this chapter;
(b) Refuses the department access to a portion or area of
a facility regulated under this chapter, for the purpose of carrying out the provisions of this chapter;
(c) Fails to comply with an order of the director;
(d) Refuses to make available to the department records
required to be kept under the provisions of this chapter;
(e) Fails to comply with the applicable provisions of
chapter 69.04 RCW, Washington intrastate commerce in
15.36.401
(2010 Ed.)
Milk and Milk Products
food, drugs, and cosmetics act, or rules adopted under that
chapter;
(f) Interferes with the director in the performance of his
or her duties; or
(g) Exhibits negligence, misconduct, or lack of qualification in the discharge of his or her functions.
Upon notice by the director to deny, revoke, or suspend
a license, a person may request a hearing under chapter 34.05
RCW.
(2) Whenever a milk transport vehicle is found in violation of this chapter or rules adopted under this chapter, the
endorsement for that milk transport vehicle contained on a
milk hauler’s license may be suspended or revoked. The suspension or revocation does not apply to any other milk transport vehicle operated by the milk hauler.
(3) A license may be revoked by the director upon serious or repeated violations or after a license suspension or
degrade for thirty continuous days without correction of the
items causing the suspension or degrade. [1999 c 291 § 15;
1994 c 143 § 501.]
15.36.455
reinstate the license on compliance with grade requirements
as determined in accordance with the provisions of RCW
15.36.201.
In case the lowered grade of the applicant’s product or
the license suspension was due to a violation of an item other
than bacteriological standard or cooling temperature, the said
application must be accompanied by a statement signed by
the applicant to the effect that the violated item of the specifications had been conformed with. Within one week of the
receipt of such an application and statement the director shall
make a reinspection of the applicant’s establishment and
thereafter as many additional reinspections as he or she may
deem necessary to assure himself or herself that the applicant
is again complying with the higher grade requirements. The
higher grade or license shall be reinstated upon confirmation
that all violated items are corrected and any period for reduction in grade or license suspensions as ordered by the director
has been completed. [1999 c 291 § 17; 1996 c 189 § 2; 1994
c 143 § 506; 1961 c 11 § 15.36.480. Prior: 1949 c 168 § 9;
Rem. Supp. 1949 § 6266-37a. Formerly RCW 15.36.480.]
Additional notes found at www.leg.wa.gov
15.36.412 Issuance of cease and desist order. The
director may issue a cease and desist order to any person
whom the director has reason to believe is engaged in an
activity for which a license is required by this chapter. The
person to whom such notice is issued may request an adjudicative proceeding to contest the order. [2006 c 157 § 5.]
15.36.412
15.36.421 Milk processing plant or producer—
License suspension. (1) If the director finds a milk processing plant or producer operating under conditions that constitute an immediate danger to public health, safety, or welfare
or if the licensee or an employee of the licensee actively prevents the director or the director’s representative, during an
on-site inspection, from determining whether such a condition exists, the director may summarily suspend a license provided for in this chapter.
(2) If a license is summarily suspended, the holder of the
license shall be notified in writing that the license is, upon
service of the notice, immediately suspended and that prompt
opportunity for a hearing will be provided.
(3) If a license is summarily suspended, processing and
shipping operations shall immediately cease. However, the
director may reinstate the license if the condition that caused
the suspension has been abated to the director’s satisfaction.
[1999 c 291 § 16; 1994 c 143 § 503.]
15.36.454 Failure to comply with chapter or rules—
Civil penalties. (1) Except as provided in RCW 15.36.471 or
subsection (2) or (3) of this section, any person who fails to
comply with this chapter or the rules adopted under this chapter may be subject to a civil penalty in an amount of not more
than one thousand dollars per violation per day.
(2) The director shall adopt rules establishing civil penalties assessed under RCW 15.36.111(1) and 15.36.201(2).
The penalties shall be equitably based on the volume of milk
or milk product handled by the producer or milk processor
subject to the penalty.
(3) Whenever the results of an antibiotic, pesticide, or
other drug residue test on a producer’s milk are above the
actionable level established in the PMO, the producer is subject to a civil penalty in an amount equal to one-half the value
of the sum of the volumes of milk produced on the day prior
to and the day of the adulteration. The value of the milk shall
be computed using the weighted average price for the federal
market order under which the milk is delivered.
(4) Each violation is a separate and distinct offense. The
director shall impose the civil penalty in accordance with
chapter 34.05 RCW. Moneys collected under this section and
RCW 15.36.471 shall be remitted to the department and
deposited into the revolving fund of the Washington state
dairy products commission. [1999 c 291 § 18.]
15.36.451 Regrading of milk or milk products—
Reinstatement of license. Any producer or milk processing
plant whose milk has been degraded by the director, or whose
license has been suspended may at any time make application
for the regrading of his or her products or the reinstatement of
his or her license.
Upon receipt of a satisfactory application, in case the
lowered grade or the license suspension was the result of violation of the bacteriological or cooling temperature standards,
the director shall take further samples of the applicant’s output, at a rate of not more than two samples per week. The
director shall regrade the milk or milk products upward or
15.36.455 Violations—Notice, orders, damages. (1)
When the director has probable cause to believe that milk or
milk products are being sold, distributed, stored, or transported in violation of this chapter or rules adopted under this
chapter, the director may issue and serve upon the owner or
custodian of the milk or milk products a written notice of
embargo and order prohibiting the sale of the milk or milk
products. If the owner or custodian is not available for service, the director may attach the notice of embargo and order
prohibiting sale to the container holding the milk or milk
products. The milk or milk products shall not be sold, used,
or removed until this chapter has been complied with and the
Findings—2006 c 157: See note following RCW 15.36.012.
15.36.421
15.36.451
(2010 Ed.)
15.36.454
15.36.455
[Title 15 RCW—page 65]
15.36.457
Title 15 RCW: Agriculture and Marketing
milk or milk products have been released from embargo
under conditions specified by the director in writing.
(2) The department may issue a destruction and disposal
order covering any embargoed milk or milk products. The
destruction and disposal shall occur at the cost of the owner
or custodian.
(3) The person to whom the notice of embargo and order
prohibiting sale was issued or the person to whom a destruction or disposal order was issued may request an adjudicative
proceeding to contest the order.
(4) A state court shall not allow the recovery of damages
from an administrative action under this section if the court
finds there was probable cause for the action. [2006 c 157 §
6.]
Findings—2006 c 157: See note following RCW 15.36.012.
15.36.457 Authority to assess civil penalty. The
authority to assess a civil penalty under RCW 15.36.111(1)
and 15.36.201(2) shall be used only as consistent with the
1995 grade A pasteurized milk ordinance published by the
United States public health service, food and drug administration and adopted by [the] department in WAC 16-101-700,
or any subsequent version as adopted by the department
under the authority of RCW 15.36.021(3). [1999 c 291 § 19.]
15.36.457
ignated laboratory of a milk sample drawn by a department
official or a licensed dairy technician shall be admitted as
prima facie evidence of a violation in any proceeding to
enforce this chapter. [1999 c 291 § 21.]
15.36.481 Violations may be enjoined. The director
may bring an action to enjoin the violation of any provision
of this chapter or any rule adopted under this chapter in the
superior court of the county in which the defendant resides or
maintains his or her principal place of business or Thurston
county. [1999 c 291 § 22; 1969 ex.s. c 102 § 4. Formerly
RCW 15.36.600.]
15.36.481
15.36.491 Licenses—Money deposited in general
fund—Exception. All moneys received for licenses under
this chapter shall be deposited in the general fund, except that
all moneys received for annual milk processing plant licenses
under RCW 15.36.051 shall be deposited in the agricultural
local fund established under RCW 43.23.230. [2005 c 414 §
4; 1999 c 291 § 23; 1961 c 11 § 15.32.710. Prior: 1899 c 43
§ 27; RRS § 6249. Formerly RCW 15.32.710.]
15.36.491
Effective date—2005 c 414 §§ 1 and 4: See note following RCW
15.36.051.
15.36.511 Unlawful actions. (1) It is unlawful for any
person to:
(a) Interfere with or obstruct any person in the performance of official duties under this chapter;
(b) Employ a tester, sampler, weigher, grader, or pasteurizer who is not licensed as a dairy technician;
(c) Alter or tamper with a seal placed by the director;
(d) Alter or tamper with a sample of milk or milk products taken or sealed by the director; or
(e) Operate as a milk producer or milk processing plant
without obtaining a license from the director.
(2) Except as provided under RCW 15.36.131, it is
unlawful for a milk processing plant to accept milk from a
person not licensed as a producer or milk processor. [2006 c
157 § 4; 1999 c 291 § 24; 1961 c 11 § 15.32.730. Prior: 1919
c 192 § 76; RRS § 6238. Formerly RCW 15.32.730.]
15.36.511
15.36.471 Component parts of fluid dairy products—
Violations of standards—Civil penalty—Investigation.
(1) The director shall adopt rules imposing a civil penalty of
not more than ten thousand dollars for violations of the standards for component parts of fluid dairy products which are
established under this chapter or adopted pursuant to RCW
69.04.398.
(2) In case of a violation of the standards for the composition of milk products, an investigation shall be made to
determine the cause of the violation which shall be corrected.
Additional samples shall be taken as soon as possible and
tested by the department. [1999 c 291 § 20; 1994 c 143 §
511; 1993 c 212 § 3; 1989 c 175 § 49; 1986 c 203 § 19. Formerly RCW 15.36.595.]
15.36.471
Additional notes found at www.leg.wa.gov
15.36.473 Failure to comply with chapter or rules—
Criminal penalties. (1) It is unlawful for any person to sell
raw milk from a dairy farm that is not licensed as a milk producer or a milk processing plant under this chapter.
(2) The sale of raw milk from a dairy farm that is not
licensed as a milk producer and a milk processing plant under
this chapter constitutes:
(a) For the first offense, a misdemeanor; and
(b) For the second and subsequent offenses, a gross misdemeanor punishable according to chapter 9A.20 RCW.
(3) Neither the issuance of a cease and desist order nor
payment of a civil penalty relieves the person so selling raw
milk from criminal prosecution, but the remedy of a cease
and desist order or civil penalty is in addition to any criminal
liability. [2006 c 157 § 7.]
Findings—2006 c 157: See note following RCW 15.36.012.
15.36.473
Findings—2006 c 157: See note following RCW 15.36.012.
15.36.475 Laboratory tests—Admission as evidence.
Tests performed by an official laboratory or an officially des15.36.475
[Title 15 RCW—page 66]
15.36.525 Sanitary certificates—Rules—Fee for issuance. The department may issue sanitary certificates to milk
processing plants under this chapter subject to such requirements as it may establish by rule. The fee for issuance is fifty
dollars per certificate. Fees collected under this section shall
be deposited in the agricultural local fund. [1999 c 291 § 25.]
15.36.525
15.36.531 Declaration of police power. It is hereby
declared that this chapter is enacted as an exercise of the
police power of the state of Washington for the preservation
of the public health and each and every section thereof shall
be construed as having been intended to effect such purpose
and not as having been intended to affect any regulation or
restraint of commerce between the several states which may
by the Constitution of the United States of America have
been reserved to the congress thereof. [1961 c 11 §
15.32.900. Prior: 1919 c 192 § 83; RRS § 6245. Formerly
RCW 15.32.900.]
15.36.531
(2010 Ed.)
Milk and Milk Products for Animal Food
15.36.541 Chapter cumulative. Nothing in this chapter shall be construed as affecting or being intended to effect
a repeal of chapter 69.04 RCW or RCW 69.40.010 through
69.40.025, or of any of such sections, or of any part or provision of any such sections, and if any section or part of a section in this chapter shall be found to contain, cover or effect
any matter, topic or thing which is also contained in, covered
in or effected by said sections, or by any of them, or by any
part thereof, the prohibitions, mandates, directions, and regulations hereof, and the penalties, powers and duties herein
prescribed shall be construed to be additional to those prescribed in such sections and not in substitution therefor. And
nothing in this chapter shall be construed to forbid the importation, transportation, manufacture, sale, or possession of any
article of food which is not prohibited from interstate commerce by the laws of the United States or rules or regulations
lawfully made thereunder, if there be a standard of quality,
purity and strength therefor authorized by any law of this
state, and such article comply therewith and be not misbranded. [1961 c 11 § 15.32.910. Prior: 1919 c 192 § 88;
RRS § 6266. Formerly RCW 15.32.910.]
15.36.541
15.36.551 Dairy inspection program—Assessment.
(Expires June 30, 2015.) There is levied on all milk processed in this state an assessment not to exceed fifty-four
one-hundredths of one cent per hundredweight. The director
shall determine, by rule, an assessment, that with contribution
from the general fund, will support an inspection program to
maintain compliance with the provisions of the pasteurized
milk ordinance of the national conference on interstate milk
shipment. All assessments shall be levied on the operator of
the first milk processing plant receiving the milk for processing. This shall include milk processing plants that produce
their own milk for processing and milk processing plants that
receive milk from other sources. Milk processing plants
whose monthly assessment for receipt of milk totals less than
twenty dollars in any given month are exempted from paying
this assessment for that month. All moneys collected under
this section shall be paid to the director by the twentieth day
of the succeeding month for the previous month’s assessments. The director shall deposit the funds into the dairy
inspection account hereby created within the agricultural
local fund established in RCW 43.23.230. The funds shall be
used only to provide inspection services to the dairy industry.
If the operator of a milk processing plant fails to remit any
assessments, that sum shall be a lien on any property owned
by him or her, and shall be reported by the director and collected in the manner and with the same priority over other
creditors as prescribed for the collection of delinquent taxes
under chapters 84.60 and 84.64 RCW.
This section expires June 30, 2015. [2010 c 17 § 1; 2004
c 132 § 1; 1999 c 291 § 26; 1995 c 15 § 1; 1994 c 34 § 1; 1993
sp.s. c 19 § 1; 1992 c 160 § 1. Formerly RCW 15.36.105.]
15.37.020
processors. The committee shall consist of four members
who are producers or their representatives, four members
who are milk processors or their representatives, one member
who is a producer processor, one member who is a milk
hauler, and one member who is a milk equipment dealer.
(2) The purpose of this advisory committee is to advise
the director in the administration of the dairy inspection program and regarding policy issues related to this chapter.
(3) The terms of the members of the committee shall be
staggered and the members shall serve a term of three years
until their successor has been appointed and qualified. In the
event a committee member resigns, is disqualified, or vacates
a position on the committee for any reason the vacancy may
be filled by the director under the provisions of this section
governing appointments. The director may remove a member
for cause.
(4) The committee shall elect one of its members as
chair. The committee shall meet by the call of the director,
chair, or a majority of the committee. Members of the committee shall serve without compensation. [1999 c 291 § 27;
1994 c 143 § 507; 1994 c 34 § 2; 1992 c 160 § 2. Formerly
RCW 15.36.107.]
15.36.551
Chapter 15.37 RCW
MILK AND MILK PRODUCTS FOR ANIMAL FOOD
Chapter 15.37
Sections
15.37.010
15.37.020
15.37.030
15.37.040
15.37.050
15.37.060
15.37.070
15.37.080
15.37.090
15.37.100
15.37.110
15.37.120
15.37.130
15.37.140
15.37.150
15.37.900
Definitions.
Enforcement of chapter—Rules, subject to administrative procedure act.
Minimum conditions for sale, etc.—When license required—
Expiration date of license.
Application, issuance of license.
License fee on application.
Penalty for delinquency on renewal of license.
Denial, suspension, revocation of license.
Denial, suspension, revocation of license—Hearings subject to
administrative procedure act.
Subpoenas—Witness fees.
Coloring of milk in containers, when required.
Labels on containers—Contents.
Entry on premises.
Injunctions authorized.
Chapter cumulative and nonexclusive.
Penalty.
Severability—1961 c 285.
15.37.010 Definitions. For the purpose of this chapter:
(1) "Department" means the department of agriculture of
the state of Washington.
(2) "Director" means the director of the department or
his or her duly appointed representative.
(3) "Person" means a natural person, individual, or firm,
partnership, corporation, company, society, and association,
and every officer, agent, or employee thereof. This term shall
import either the singular or plural, as the case may be. [2010
c 8 § 6052; 1961 c 285 § 1.]
15.37.010
Additional notes found at www.leg.wa.gov
15.37.020 Enforcement of chapter—Rules, subject to
administrative procedure act. The director shall enforce
and carry out the provisions of this chapter and may adopt the
necessary rules to carry out its purpose. The adoption of rules
shall be subject to the provisions of chapter 34.05 RCW, concerning the adoption of rules, as enacted or hereafter
amended. [1961 c 285 § 2.]
15.37.020
15.36.561 Dairy inspection program—Advisory
committee—Purpose—Terms. (1) There is created a dairy
inspection program advisory committee. The committee shall
consist of eleven members appointed by the director. The
director shall solicit nominations for members of the committee from Washington dairy producer organizations and milk
15.36.561
(2010 Ed.)
[Title 15 RCW—page 67]
15.37.030
Title 15 RCW: Agriculture and Marketing
15.37.030 Minimum conditions for sale, etc.—When
license required—Expiration date of license. It shall be
unlawful for any person to sell, offer for sale, hold for sale, or
advertise for sale, trade, barter, or to give as an inducement
for the sale of another product, milk, cream, or skim milk, for
animal food consumption, which does not meet, or has not
been produced and handled under conditions prescribed for
grade A milk as provided in chapter 15.36 RCW as enacted or
hereafter amended, without first obtaining an annual license
from the director which shall expire on June 30th following
the date of issuance unless revoked prior thereto by the director for cause. [1961 c 285 § 3.]
15.37.030
15.37.040 Application, issuance of license. Application for a license shall be on a form prescribed by the director
and shall include the following:
(1) The full name of the person applying for the license.
(2) If such applicant is a receiver, trustee, firm, partnership, association, or corporation, the full name of each member of the firm or partnership or the names of the officers of
the association or corporation shall be given on the application.
(3) The principal business address of the applicant in the
state and elsewhere.
(4) The name of a person domiciled in this state authorized to receive and accept service or legal notice of all kinds.
(5) Any other information prescribed by the director necessary to carry out the purposes and provisions of this chapter.
The director shall issue a license to an applicant upon his
or her satisfaction that the applicant has satisfied the requirements of this chapter and rules adopted hereunder and that
such applicant has paid the required fee. [2010 c 8 § 6053;
1961 c 285 § 4.]
15.37.040
15.37.050 License fee on application. The application
for an annual license to sell, offer for sale, hold for sale, or
advertise for sale, trade, barter, or to give as an inducement
for the sale of another product, milk, cream, or skim milk for
animal food consumption shall be accompanied by a license
fee of twenty-five dollars. [1961 c 285 § 5.]
15.37.050
15.37.060 Penalty for delinquency on renewal of
license. If an application for renewal of a license provided
for in RCW 15.37.030 is not filed prior to July 1st of any one
year, a penalty of ten dollars shall be assessed and added to
the original fee and shall be paid by the applicant before the
renewal license shall be issued: PROVIDED, That such penalty shall not apply if the applicant furnishes an affidavit that
he or she has not sold, offered for sale, held for sale, or advertised for sale, milk, cream, or skim milk for animal food consumption subsequent to the expiration of his or her prior
license. [2010 c 8 § 6054; 1961 c 285 § 6.]
15.37.060
15.37.070 Denial, suspension, revocation of license.
The director is authorized to deny, suspend, or revoke the
license provided for in RCW 15.37.030 subsequent to a hearing in any case in which he or she finds that there has been a
failure or refusal to comply with the provisions of this chapter
or rules adopted hereunder. [2010 c 8 § 6055; 1961 c 285 §
7.]
15.37.080 Denial, suspension, revocation of license—
Hearings subject to administrative procedure act. All
hearings for a denial, suspension, or revocation of a license
provided for in RCW 15.37.030 shall be subject to the provisions of chapter 34.05 RCW concerning adjudicative proceedings. [1989 c 175 § 50; 1961 c 285 § 8.]
15.37.080
Additional notes found at www.leg.wa.gov
15.37.090 Subpoenas—Witness fees. The director
may issue subpoenas to compel the attendance of witnesses
and/or the production of books, documents, and records in
the county in which the person licensed under this chapter
resides in any hearing affecting the authority or privileges
granted by a license issued under the provisions of this chapter. Witnesses, except complaining witnesses, shall be entitled to fees for attendance and travel, as provided for in chapter 2.40 RCW as enacted or hereafter amended. [1961 c 285
§ 9.]
15.37.090
15.37.100 Coloring of milk in containers, when
required. It shall be unlawful for any person to sell, offer for
sale, hold for sale, advertise for sale, trade, barter, or to give
as an inducement for the sale of another product, any milk,
cream, or skim milk, for animal food consumption which
does not meet, or has not been produced under conditions
prescribed for grade A milk, as prescribed in chapter 15.36
RCW as enacted or hereafter amended and rules adopted
thereunder, and the applicable provisions of chapter 69.04
RCW (the Food, Drug and Cosmetic Act) as enacted and
hereafter amended and rules adopted thereunder, in containers provided either by the vendor or vendee and which are
capable of holding less than twenty liquid quarts, unless such
milk, cream, or skim milk has been decharacterized with a
color prescribed by the director which will not affect its nutritive value for animal food. [1961 c 285 § 10.]
15.37.100
15.37.110 Labels on containers—Contents. It shall be
unlawful to sell, offer for sale, hold for sale, trade, barter, or
to offer as an inducement for the sale of another product,
milk, cream, or skim milk subject to the provisions of this
chapter in containers which are not labeled in a conspicuous
location readily visible to any person handling such containers with the following:
(1) The name and address of the producer or distributor
in letters not less than one-fourth inch in size.
(2) The name of the contents in letters not less than onefourth inch in size.
(3) The words "not for human consumption" in letters at
least one-half inch in size.
(4) The words "decharacterized with harmless food coloring" in letters not less than one-fourth inch in size. [1961 c
285 § 11.]
15.37.110
15.37.070
[Title 15 RCW—page 68]
15.37.120 Entry on premises. The director or his or
her duly authorized representative may enter, during reasonable business hours, any premises where milk, cream, or skim
milk subject to the provisions of this chapter is produced,
15.37.120
(2010 Ed.)
Dairy Products Commission
handled, distributed, sold, offered for sale, held for sale, or
used for the inducement of the sale of another product to
determine if such milk, cream, or skim milk has been properly decharacterized as provided in RCW 15.37.100 or rules
adopted hereunder. No person shall interfere with the director or his or her duly authorized representative when he or she
is performing or carrying out the duties imposed on him or
her by this chapter or rules adopted hereunder. [2010 c 8 §
6056; 1961 c 285 § 12.]
15.37.130 Injunctions authorized. The director may
bring an action to enjoin the violation or threatened violation
of any provision of this chapter or any rule adopted pursuant
to this chapter in the superior court of Thurston county, notwithstanding the existence of any other remedy at law. [1961
c 285 § 13.]
15.37.130
15.37.140 Chapter cumulative and nonexclusive. The
provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy. [1961 c 285 § 14.]
15.37.140
15.37.150 Penalty. Any person violating the provisions
of this chapter or rules adopted hereunder is guilty of a misdemeanor. [1961 c 285 § 15.]
15.37.150
15.37.900 Severability—1961 c 285. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1961 c 285 § 16.]
15.37.900
Chapter 15.44
Chapter 15.44 RCW
DAIRY PRODUCTS COMMISSION
Sections
15.44.010
15.44.015
15.44.020
15.44.021
15.44.022
15.44.023
15.44.027
15.44.030
15.44.032
15.44.033
15.44.035
15.44.038
15.44.040
15.44.050
15.44.055
15.44.060
15.44.061
15.44.062
15.44.063
15.44.065
15.44.070
15.44.080
15.44.085
15.44.087
15.44.090
15.44.100
15.44.110
(2010 Ed.)
Definitions.
Regulating dairy products—Commission created—Existing
comprehensive scheme—Laws applicable.
Commission composition.
Director appoints members—Nominations—Advisory vote.
Transition to director appointed commission.
Associations with same objective—Dual membership—Contracting.
Commission districts and boundaries.
Member qualifications.
Terms—Vacancies.
Nomination and appointment procedure.
Producer lists—Each producer responsible for accuracy—Use
of lists.
Quorum—Compensation—Travel expenses.
Copies of records as evidence.
Manager—Secretary-treasurer—Treasurer’s bond.
Members—Removal from commission—Process.
Powers and duties.
Commission’s plans, programs, and projects—Director’s
approval required.
Commission speaks for state—Director’s oversight.
Reimbursement for costs.
Commission may establish foundations.
Rules or orders to be filed and published—Rule-making
exemptions.
Assessments on milk and cream—Amounts—Increases—Producer referendum.
Assessments on class I or class II milk.
Class I and class II milk defined.
Collection of assessments—Lien.
Records of dealers, shippers—Preservation—Inspection.
Reports of dealers and shippers to commission—Subpoenas.
15.44.130
15.44.133
15.44.135
15.44.140
15.44.150
15.44.160
15.44.170
15.44.180
15.44.185
15.44.190
15.44.195
15.44.901
15.44.910
15.44.015
Research, advertising, educational campaign—Increase or
decrease of assessments—Procedure.
Promotional hosting expenditures—Rules.
Promotional printing and literature—Contracts.
Authority to inspect premises and records—Subpoenas.
Action against commission enforced as if a corporation—Liability—Limitations.
Enforcement of chapter.
Penalty.
Jurisdiction of courts.
Certain records exempt from public disclosure—Exceptions—
Actions not prohibited by chapter.
Funding staff support—Rules.
Costs of implementing RCW 15.44.061.
Severability—2004 c 99.
Liberal construction.
General obligation bonds: Chapter 43.99I RCW.
15.44.010 Definitions. As used in this chapter:
"Commission" means the Washington state dairy products commission;
To "ship" means to deliver or consign milk or cream to a
person dealing in, processing, distributing, or manufacturing
dairy products for sale, for human consumption or industrial
or medicinal uses;
"Handler" means one who purchases milk, cream, or
skimmed milk for processing, manufacturing, sale, or distribution;
"Dealer" means one who handles, ships, buys, and sells
dairy products, or who acts as sales or purchasing agent, broker, or factor of dairy products;
"Mail" or "send" for purposes of any notice relating to
rule making, referenda, or elections means regular mail or
electronic distribution, as provided in RCW 34.05.260 for
rule making. "Electronic distribution" or "electronically"
means distribution by electronic mail or facsimile mail;
"Processor" means a person who uses milk or cream for
canning, drying, manufacturing, preparing, or packaging or
for use in producing or manufacturing any product therefrom;
"Producer" means a person who produces milk from
cows and sells it for human or animal food, or medicinal or
industrial uses;
"Maximum authorized assessment rate" means the level
of assessment most recently approved by a referendum of
producers;
"Current level of assessment" means the level of assessment paid by the producer as set by the commission which
cannot exceed the maximum authorized assessment rate.
[2002 c 313 § 88; 1985 c 261 § 17; 1979 ex.s. c 238 § 1; 1961
c 11 § 15.44.010. Prior: 1939 c 219 § 2; RRS § 6266-2.]
15.44.010
Effective dates—2002 c 313: See note following RCW 15.65.020.
Additional notes found at www.leg.wa.gov
15.44.015 Regulating dairy products—Commission
created—Existing comprehensive scheme—Laws applicable. The history, economy, culture, and the future of
Washington state’s agriculture involves the dairy industry. In
order to develop and promote Washington’s dairy products as
part of an existing comprehensive scheme to regulate those
products the legislature declares:
(1) That the Washington state dairy products commission is created. The commission may also take actions under
the name "the dairy farmers of Washington";
(2) That it is vital to the continued economic well-being
of the citizens of this state and their general welfare that its
15.44.015
[Title 15 RCW—page 69]
15.44.020
Title 15 RCW: Agriculture and Marketing
dairy products be properly promoted by (a) enabling the dairy
industry to help themselves in establishing orderly, fair,
sound, efficient, and unhampered marketing, grading, and
standardizing of the dairy products they produce; and (b)
working to stabilize the dairy industry by increasing consumption of dairy products within the state, the nation, and
internationally;
(3) That dairy producers operate within a regulatory
environment that imposes burdens on them for the benefit of
society and the citizens of the state and includes restrictions
on marketing autonomy. Those restrictions may impair the
dairy producer’s ability to compete in local, domestic, and
foreign markets;
(4) That it is in the overriding public interest that support
for the dairy industry be clearly expressed, that adequate protection be given to agricultural commodities, uses, activities,
and operations, and that dairy products be promoted individually, and as part of a comprehensive industry to:
(a) Enhance the reputation and image of Washington
state’s agriculture industry;
(b) Increase the sale and use of Washington state’s dairy
products in local, domestic, and foreign markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production
of Washington state’s dairy products;
(d) Increase the knowledge of the health-giving qualities
and dietetic value of dairy products; and
(e) Support and engage in programs or activities that
benefit the production, handling, processing, marketing, and
uses of dairy products produced in Washington state;
(5) That this chapter is enacted in the exercise of the
police powers of this state for the purpose of protecting the
health, peace, safety, and general welfare of the people of this
state; and
(6) That the dairy industry is a highly regulated industry
and that this chapter and the rules adopted under it are only
one aspect of the regulated industry. Other regulations and
restraints applicable to the dairy industry include the:
(a) Federal marketing order under 7 C.F.R., Part 1124;
(b) Dairy promotion program under the dairy and
tobacco adjustment act of 1983, Subtitle B;
(c) Milk and milk products act under chapter 15.36 RCW
and rules, including:
(i) The national conference of interstate milk shippers
pasteurized milk ordinance;
(ii) The national conference of interstate milk shippers
dry milk ordinance;
(iii) Standards for the fabrication of single-service containers;
(iv) Procedures governing cooperative state-public
health service;
(v) Methods of making sanitation ratings of milk supplies;
(vi) Evaluation and certification of milk laboratories;
and
(vii) Interstate milk shippers;
(d) Milk and milk products for animal food act under
chapter 15.37 RCW and rules;
(e) *Organic food products act under chapter 15.86
RCW and rules;
[Title 15 RCW—page 70]
(f) Intrastate commerce in food, drugs, and cosmetics act
under chapter 69.04 RCW and rules, including provisions of
21 C.F.R. relating to the general manufacturing practices,
milk processing, food labeling, food standards, and food
additives;
(g) Washington food processing act under chapter 69.07
RCW and rules;
(h) Washington food storage warehouses act under chapter 69.10 RCW and rules;
(i) Animal health under chapter 16.36 RCW and rules;
(j) Weighmasters under chapter 15.80 RCW and rules;
and
(k) Dairy nutrient management act under chapter 90.64
RCW and rules. [2002 c 313 § 87.]
*Reviser’s note: The "organic food products act" was renamed the
"organic products act."
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.020 Commission composition. The dairy products commission shall be composed of not more than nine
members. There shall be one member from each district who
shall be a practical producer of dairy products and one member shall be a dealer. The director of agriculture shall be a
voting member of the commission.
As used in this chapter, "director" means the director of
agriculture or his or her authorized representative. [2008 c 12
§ 1; 2003 c 396 § 24; 2002 c 313 § 89; 1979 ex.s. c 238 § 2;
1975 1st ex.s. c 136 § 1; 1965 ex.s. c 44 § 2; 1961 c 11 §
15.44.020. Prior: 1959 c 163 § 2; prior: (i) 1939 c 219 § 3,
part; RRS § 6266-3, part. (ii) 1939 c 219 § 4, part; RRS §
6266-4, part.]
15.44.020
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
Additional notes found at www.leg.wa.gov
15.44.021 Director appoints members—Nominations—Advisory vote. (1) The director shall appoint the
members of the commission.
(2) Candidates for producer member positions on the
commission shall be nominated under RCW 15.44.033.
(3) The director shall cause an advisory vote to be held
for the producer member positions. Advisory ballots shall be
mailed to all affected producers in the district where a
vacancy is about to occur and shall be returned to the director
not less than thirty days prior to the commencement of the
term. The advisory ballot shall be conducted in a manner so
that it is a secret ballot. The names of the two candidates
receiving the most votes in the advisory vote shall be forwarded to the director for potential appointment to the commission. In the event there are only two candidates nominated for a position, an advisory vote may not be held and the
candidates’ names shall be forwarded to the director for
potential appointment. If only one candidate is nominated for
a position, the director has the discretion to appoint or reject
the candidate.
(4) Any candidate whose name is forwarded to the director for potential appointment shall submit to the director a letter stating why he or she wishes to be appointed to the commission. The director may select any candidate for the position or may reject all candidates and request a new advisory
15.44.021
(2010 Ed.)
Dairy Products Commission
vote with nominees selected by the commission or, if the
commission desires, by the director. [2008 c 12 § 2; 2003 c
396 § 25.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.44.022 Transition to director appointed commission. To accomplish the transition to a commission structure
where the director appoints the commission members, the
names of the currently elected commission members shall be
forwarded to the director for appointment to the commission
within thirty days of May 20, 2003. Thereafter, the director
shall appoint commission members pursuant to RCW
15.44.021 as the current commission member terms expire.
[2003 c 396 § 28.]
15.44.022
Effective date—2003 c 396: See note following RCW 15.66.030.
15.44.023 Associations with same objective—Dual
membership—Contracting. Any board member of the
commission may be a member or officer of an association
that has the same objectives for which the commission was
formed. The commission may contract with the association
for services necessary to carry out any purposes authorized
under this chapter if an appropriate written contract has been
entered into. [2002 c 313 § 101.]
15.44.023
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.027 Commission districts and boundaries. The
commission shall delete, combine, revise, amend, or modify
in any manner commission districts and boundaries by regulation as required and in accordance with the intent and provisions of this section. Commission districts established by
statute prior to September 8, 1975 shall remain in effect until
superseded by such regulations.
The boundaries of the commission districts shall be
maintained in a manner that assures each producer a representation in the commission which is reasonably equal with
the representation afforded all other producers by their commission members.
The commission shall, when requested in accordance
with the provisions of the administrative procedure act, chapter 34.05 RCW as enacted or hereafter amended, or on its
own initiative, hold hearings to determine if new boundaries
for each commission district should be established in order to
afford each producer a reasonably equal representation in the
commission, and if the commission so finds it shall change
the boundaries of said commission districts to carry out the
proper reapportionment of producer representation on the
commission: PROVIDED, That the requirement of this section for reasonable equal representation of each producer on
the commission need not require an equality of representation
when the commission districts east of the crest of the Cascade
mountains are compared to the commission districts west of
the crest of the Cascade mountains: PROVIDED FURTHER, That the area east of the crest of the Cascade mountains shall comprise not less than two commission districts.
The commission may in carrying out this reapportionment directive reduce the number of districts presently provided by prior law, whenever it is in the best interest of the
producers and if such change would maintain reasonable
apportionment for each historical production or marketing
15.44.027
(2010 Ed.)
15.44.032
area: PROVIDED, That each elected commission member
whose district may be consolidated with another district shall
be allowed to serve out his or her term of office.
If the commission fails to carry out its directive as set
forth herein for equal representation of each producer on the
commission the director of agriculture may upon request by
ten producers institute a hearing to determine if there is reasonably equal representation for each producer on the commission. If the director of agriculture finds that such reasonably equal representation is lacking, he or she then shall
realign the district boundaries in a manner which will provide
proper representation on the commission for each producer.
[2010 c 8 § 6057; 1975 1st ex.s. c 136 § 7.]
15.44.030 Member qualifications. Each of the producer members of the commission shall:
(1) Be a citizen and resident of this state and the district
which he or she represents; and
(2) Be and for the five years last preceding his or her
election have been actually engaged as an owner or shareholder in producing dairy products within this state. These
qualifications must continue during each member’s term of
office.
The dealer member shall be actively engaged as a dealer
in dairy products or employed in a dealer capacity as an
officer or employee at management level in a dairy products
organization. [2008 c 12 § 3; 1975 1st ex.s. c 136 § 2; 1965
ex.s. c 44 § 4; 1961 c 11 § 15.44.030. Prior: 1959 c 163 § 4;
prior: 1939 c 219 § 3, part; RRS § 6266-3, part.]
15.44.030
15.44.032 Terms—Vacancies. The regular term of
office of each producer member of the commission shall be
three years. Commission members shall be first nominated
and elected in 1966 in the manner set forth in RCW
15.44.033 and shall take office as soon as they are qualified.
However, expiration of the term of the respective commission members first elected in 1966 shall be as follows:
(1) District I and II on July 1, 1967;
(2) District III and IV on July 1, 1968; and
(3) District V, VI and VII on July 1, 1969.
The respective terms shall end on July 1st of each third
year thereafter. Any vacancies that occur on the commission
shall be filled by appointment by the director from a list of
candidates forwarded to the director by the commission. If
only one name is forwarded, the director has the discretion to
appoint or reject the candidate and, if rejected, request additional candidates. The appointee shall hold office for the
remainder of the term for which he or she is appointed to fill,
so that commission memberships shall be on a uniform staggered basis.
The term of office of the first dealer appointed by the
director shall expire July 1, 1977. The term of office of each
dealer shall be three years or until such time as a successor is
duly appointed. Any vacancy for a dealer shall be forthwith
filled by the director. The director, in making any appointments set forth herein, may consider lists of nominees supplied by dealers or producers also acting as dealers. [2008 c
12 § 4; 1975 1st ex.s. c 136 § 3; 1965 ex.s. c 44 § 5; 1961 c
11 § 15.44.032. Prior: 1959 c 163 § 5.]
15.44.032
[Title 15 RCW—page 71]
15.44.033
Title 15 RCW: Agriculture and Marketing
15.44.033 Nomination and appointment procedure.
Producer members of the commission shall be nominated by
producers within the district that such producer members represent in the year in which a commission member’s term shall
expire.
Nomination for candidates to be appointed to the commission shall be conducted by mail by the director. Such
nomination forms shall be mailed by the director to each producer in a district where a vacancy is about to occur. Such
mailing shall be made on or after April 1st, but not later than
April 10th of the year the commission vacancy will occur.
The nomination form shall provide for the name of the producer being nominated and the names of five producers nominating such nominee. The producers nominating such nominee shall affix their signatures to such form and shall further
attest that the said nominee meets the qualifications for a producer member to serve on the commission and that he or she
will be willing to serve on the commission if appointed.
All nominations as provided for herein shall be returned
to the director by April 30th, and the director shall not accept
any nomination postmarked later than midnight April 30th,
nor place the candidate thereon on the advisory election ballot.
Advisory vote ballots for electing nominees to the commission will be mailed by the director to all eligible producers no later than May 15th, in districts where advisory elections are to be held and such ballots to be valid shall be
returned postmarked no later than May 31st of the year
mailed, to the director in Olympia.
The director shall determine whether the persons nominated possess the qualifications required by statute for the
position. [2003 c 396 § 26; 1995 c 374 § 59; 1967 c 240 § 30;
1965 ex.s. c 44 § 6.]
15.44.033
Effective date—2003 c 396: See note following RCW 15.66.030.
Additional notes found at www.leg.wa.gov
15.44.035 Producer lists—Each producer responsible for accuracy—Use of lists. (1) The commission shall
prior to each advisory election, in sufficient time to satisfy
the requirements of RCW 15.44.033, furnish the director with
a list of all producers within the district for which the advisory election is being held. The commission shall require
each dealer and shipper in addition to the information
required under RCW 15.44.110 to furnish the commission
with a list of names of producers whose milk they handle.
(2) Any producer may on his or her own motion file his
or her name with the commission for the purpose of receiving
notice of the advisory election.
(3) It is the responsibility of each producer to ensure that
his or her correct address is filed with the commission.
(4) For all purposes of giving notice, holding referenda,
and conducting advisory votes for nominees to the commission, the applicable list of producers corrected up to the day
preceding the date the list is certified and mailed to the director is deemed to be the list of all producers or handlers, as
applicable, entitled to notice or to vote. The list shall be corrected and brought up-to-date in accordance with evidence
and information provided to the commission. [2003 c 396 §
27; 2002 c 313 § 90; 1965 ex.s. c 44 § 7.]
15.44.035
Effective date—2003 c 396: See note following RCW 15.66.030.
[Title 15 RCW—page 72]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.038
15.44.038 Quorum—Compensation—Travel
expenses. (1) A majority of the commission members shall
constitute a quorum for the transaction of all business and the
performance of all duties of the commission.
(2) Each member shall be compensated in accordance
with RCW 43.03.230. Each member or employee shall be
reimbursed for actual travel expenses incurred in carrying out
the provisions of this chapter as defined by the commission in
rule. Otherwise, if not defined in rule, reimbursement for
travel expenses shall be at the rates allowed by RCW
43.03.050 and 43.03.060. [2002 c 313 § 92; 1984 c 287 § 15;
1975-’76 2nd ex.s. c 34 § 15; 1975 1st ex.s. c 7 § 12; 1961 c
11 § 15.44.038. Prior: 1959 c 163 § 8.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Additional notes found at www.leg.wa.gov
15.44.040
15.44.040 Copies of records as evidence. Copies of
the proceedings, records and acts of the commission, when
certified by the secretary, shall be admissible in any court and
be prima facie evidence of the truth of the statements therein
contained. [1961 c 11 § 15.44.040. Prior: 1959 c 163 § 9;
prior: 1939 c 219 § 4, part; RRS § 6266-4, part.]
15.44.050
15.44.050 Manager—Secretary-treasurer—Treasurer’s bond. The commission shall elect a manager, who is
not a member, and fix his or her compensation; and shall
appoint a secretary-treasurer, who shall sign all vouchers and
receipts for all moneys received by the commission. The
treasurer shall file with the commission a fidelity bond in the
sum of one hundred thousand dollars, executed by a surety
company authorized to do business in the state, in favor of the
state and the commission, conditioned for the faithful performance of his or her duties and strict accounting of all funds to
the commission. [2010 c 8 § 6058; 1979 ex.s. c 238 § 3; 1961
c 11 § 15.44.050. Prior: (i) 1939 c 219 § 5; RRS § 6266-5.
(ii) 1939 c 219 § 6; RRS § 6266-6.]
Additional notes found at www.leg.wa.gov
15.44.055
15.44.055 Members—Removal from commission—
Process. If a commission member fails or refuses to perform
his or her duties due to excessive absence or abandonment of
his or her position or engages in any acts of dishonesty or
willful misconduct, the commission may recommend to the
director that the commission member be removed from his or
her position on the commission. Upon receiving such a recommendation, the director shall review the matter, including
any statement from the commission member who is the subject of the recommendation, and determine whether adequate
cause for removal is present. If the director finds that adequate cause for removal exists, the director shall remove the
member from his or her commission position. The position
shall then be declared vacant and will be filled pursuant to the
provisions of this chapter for filling vacancies. [2008 c 12 §
5.]
(2010 Ed.)
Dairy Products Commission
15.44.060 Powers and duties. The commission shall
have the power and duty to:
(1) Elect a chair and such other officers as it deems
advisable, and adopt, rescind, and amend rules, regulations,
and orders for the exercise of its powers, which shall have the
effect of law when not inconsistent with existing laws;
(2) Administer and enforce the provisions of this chapter
and perform all acts and exercise all powers reasonably necessary to effectuate the purpose hereof;
(3) Employ and discharge advertising counsel, advertising agents, and such attorneys, agents, and employees as it
deems necessary, and prescribe their duties and powers and
fix their compensation;
(4) Establish offices, incur expenses, enter into contracts,
and create such liabilities as are reasonable and proper for the
proper administration of this chapter;
(5) Investigate and prosecute violations of this chapter;
(6) Conduct scientific research designed to improve milk
production, quality, transportation, processing, and distribution and to develop and discover uses for products of milk
and its derivatives;
(7) Make in its name such contracts and other agreements as are necessary to build demand and promote the sale
of dairy products on either a state, national, or foreign basis;
(8) Keep accurate records of all its dealings, which shall
be open to public inspection and audit by the regular agencies
of the state;
(9) Conduct the necessary research to develop more efficient and equitable methods of marketing dairy products, and
enter upon, singly or in participation with others, the promotion and development of state, national, or foreign markets;
(10) Participate in federal and state agency hearings,
meetings, and other proceedings relating to the regulation of
the production, manufacture, distribution, sale, or use of
dairy products, to provide educational meetings and seminars
for the dairy industry on such matters, and to expend commission funds for such activities;
(11) Retain the services of private legal counsel to conduct legal actions, on behalf of the commission. The retention of a private attorney is subject to the review of the office
of the attorney general;
(12) Work cooperatively with other local, state, and federal agencies, universities, and national organizations for the
purposes of this chapter;
(13) Accept and expend or retain any gifts, bequests,
contributions, or grants from private persons or private and
public agencies to carry out the purposes of this chapter;
(14) Engage in appropriate fund-raising activities for the
purpose of supporting activities of the commission authorized by this chapter;
(15) Expend funds for commodity-related education,
training, and leadership programs as the commission deems
appropriate; and
(16) Work cooperatively with nonprofit and other organizations to carry out the purposes of this chapter. [2010 c 8
§ 6059; 2002 c 313 § 93; 1999 c 300 § 1; 1979 ex.s. c 238 §
4; 1961 c 11 § 15.44.060. Prior: 1959 c 163 § 13; 1939 c 219
§ 8; RRS § 6266-8.]
15.44.060
Effective dates—2002 c 313: See note following RCW 15.65.020.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
15.44.070
15.44.061 Commission’s plans, programs, and
projects—Director’s approval required. (1) The commission shall develop and submit to the director for approval any
plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and
administration of appropriate programs or projects for the
advertising, promotion, and education of the affected commodities; and
(b) The establishment and effectuation of market
research projects, market development projects, or both to the
end that the marketing and utilization of the affected commodities may be encouraged, expanded, improved, or made
more efficient.
(2) The director shall review the commission’s advertising or promotion program to ensure that no false claims are
being made concerning the affected commodities.
(3) The commission, prior to the beginning of its fiscal
year, shall prepare and submit to the director for approval its
research plan, its commodity-related education, training and
leadership plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a
timely manner. [2003 c 396 § 29.]
15.44.061
Effective date—2003 c 396: See note following RCW 15.66.030.
15.44.062 Commission speaks for state—Director’s
oversight. The commission exists primarily for the benefit
of the people of the state of Washington and its economy.
The legislature hereby charges the commission, with oversight by the director, to speak on behalf of Washington state
government with regard to its particular commodities. [2003
c 396 § 30.]
15.44.062
Effective date—2003 c 396: See note following RCW 15.66.030.
15.44.063 Reimbursement for costs. (1) The commission shall reimburse the director for necessary costs for services conducted on behalf of the commission under this chapter.
(2) The commission may enter into an agreement with
the director to administer this chapter or chapter 34.05 RCW.
[2002 c 313 § 91.]
15.44.063
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.065 Commission may establish foundations.
The commission may establish foundations using commission funds as grant money when the foundation benefits the
dairy products industry. Commission funds may only be used
for the purposes authorized in this chapter. [2002 c 313 §
100.]
15.44.065
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.070 Rules or orders to be filed and published—
Rule-making exemptions. (1) Every rule or order made by
the commission shall be filed with the director and published
in two legal newspapers, one east and one west of the Cascade mountains, within ten days after it is adopted, and is
effective as set forth under RCW 34.05.380.
(2) Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310, the
provisions of chapter 19.85 RCW, the regulatory fairness act,
15.44.070
[Title 15 RCW—page 73]
15.44.080
Title 15 RCW: Agriculture and Marketing
and the provisions of RCW 43.135.055 when adoption of the
rule is determined by a referendum vote of the affected parties. [2002 c 313 § 94; 1975 1st ex.s. c 7 § 39; 1961 c 11 §
15.44.070. Prior: 1939 c 219 § 18; RRS § 6266-18.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.080 Assessments on milk and cream—
Amounts—Increases—Producer referendum. (1) There
is hereby levied upon all milk produced in this state an
assessment of:
(a) 0.75 percent of class I price for 3.5 percent butter fat
milk as established in any market area by a market order in
effect in that area or by the state department of agriculture in
case there is no market order for that area; or
(b) While the federal dairy and tobacco adjustment act of
1983, Title I, Subtitle B-dairy promotion program, is in
effect:
(i) An assessment rate not to exceed the rate approved at
the most recent referendum that would achieve a ten cent per
hundredweight credit to local, state, or regional promotion
organizations provided by Title I, Subtitle B of the federal
dairy and tobacco adjustment act of 1983; and
(ii) An additional assessment of 0.625 of one cent per
hundredweight.
(2) Subject to approval by a producer referendum as provided in this section, the commission shall have the further
power and duty to increase the amount of the maximum
authorized assessment rate to be levied upon either milk or
cream according to the necessities required to effectuate the
stated purpose of the commission.
In determining such necessities, the commission shall
consider one or more of the following:
(a) The necessities of:
(i) Developing better and more efficient methods of marketing milk and related dairy products;
(ii) Aiding dairy producers in preventing economic
waste in the marketing of their commodities;
(iii) Developing and engaging in research for developing
better and more efficient production, marketing, and utilization of agricultural products;
(iv) Establishing orderly marketing of dairy products;
(v) Providing for uniform grading and proper preparation of dairy products for market;
(vi) Providing methods and means including but not limited to public relations and promotion, for the maintenance of
present markets, for development of new or larger markets,
both domestic and foreign, for dairy products produced
within this state, and for the prevention, modification, or
elimination of trade barriers which obstruct the free flow of
such agricultural commodities to market;
(vii) Restoring and maintaining adequate purchasing
power for dairy producers of this state; and
(viii) Protecting the interest of consumers by assuring a
sufficient pure and wholesome supply of milk and cream of
good quality;
(b) The extent and probable cost of required research and
market promotion and advertising;
(c) The extent of public convenience, interest, and necessity; and
15.44.080
[Title 15 RCW—page 74]
(d) The probable revenue from the assessment as a consequence of its being revised.
(3)(a) This section shall apply where milk or cream is
marketed either in bulk or package. However, this section
shall not apply to milk or cream used upon the farm or in the
household where produced.
(b) The increase in the maximum authorized assessment
rate to be charged producers on milk and cream provided for
in this section shall not become effective until approved by
fifty-one percent of the producers voting in a referendum
conducted by the commission.
The referendum for approval of any increase in the maximum authorized assessment rate provided for in this section
shall be by secret mail ballot furnished to all producers paying assessments to the commission. The commission shall
furnish ballots to producers at least ten days in advance of the
day it has set for concluding the referendum and counting the
ballots. Any interested producer may be present at such time
the commission counts the ballots. [2002 c 313 § 95; 1985 c
261 § 18; 1973 1st ex.s. c 41 § 1; 1969 c 60 § 1; 1965 ex.s. c
44 § 1; 1961 c 11 § 15.44.080. Prior: 1959 c 163 § 11; prior:
1949 c 185 § 1, part; 1939 c 219 § 9, part; Rem. Supp. 1949
§ 6266-9, part.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.085 Assessments on class I or class II milk.
There is hereby levied on every hundredweight of class I or
class II milk, as defined in RCW 15.44.087, sold by a dealer,
including any milk sold by a producer who acts as a dealer, an
assessment of:
(1) Five-eighths of one cent per hundredweight. Such
assessment shall be in addition to the producer assessment
paid by any producer who also acts as a dealer.
(2) Any additional assessment, within the power and
duty of the commission to levy, such that the total assessment
shall not exceed one cent per hundredweight, as required to
effectuate the purpose of this section.
Such assessment may be increased by approval of dealers and producers who also act as dealers, subject to the standards set forth in chapter 15.44 RCW for increasing or
decreasing assessments. The funds derived from such assessment shall be used for educational programs and the sum of
such funds derived annually from said dealers and producers
who act as dealers shall be matched by assessments derived
from producers for the purpose of funding the educational
purposes by an amount not less than the moneys collected
from dealers and producers who act as dealers. [2002 c 313
§ 96; 1979 ex.s. c 238 § 5; 1975 1st ex.s. c 136 § 5.]
15.44.085
Effective dates—2002 c 313: See note following RCW 15.65.020.
Additional notes found at www.leg.wa.gov
15.44.087 Class I and class II milk defined. For the
purpose of RCW 15.44.085, class I and class II milk sold
means milk from cows produced by a producer as defined in
RCW 15.44.010 and utilized as follows:
(1) Class I milk shall be all skim milk and butterfat:
(a) Sold in the form of fluid milk product subject to the
following limitations and exceptions:
(i) Any products fortified with added nonfat milk solids
shall be class I in an amount equal only to the weight of an
15.44.087
(2010 Ed.)
Dairy Products Commission
equal volume of like unmodified product of the same butterfat content.
(ii) Fluid milk products in concentrated form shall be
class I in an amount equal to the skim milk and butterfat used
to produce the quantity of such products sold.
(iii) Products classified as class II pursuant to subsection
(2) of this section are excepted.
(b) Packaged fluid milk products in inventory at the end
of the month.
(2) Class II milk shall be all skim milk and butterfat:
(a) Used to produce ice cream, ice cream mix, frozen
desserts, aerated cream products, plastic cream, soured cream
dressing, yogurt, eggnog, cottage cheese, pot cheese, bakers
cheese, cream cheese, neufchatel cheese, or starter; or
(b) Any milk or milk product, sterilized and either (i)
packaged in hermetically sealed metal, plastic, foil, paper, or
glass containers and used to produce condensed milk and
condensed skim milk, or (ii) in fluid milk products disposed
of in bulk to commercial food processing establishments or
producer milk sold to a commercial food processing establishment. [1979 ex.s. c 238 § 6; 1975 1st ex.s. c 136 § 6.]
Additional notes found at www.leg.wa.gov
15.44.090 Collection of assessments—Lien. All
assessments shall be collected by the first dealer and
deducted from the amount due the producer, and all moneys
so collected shall be paid to the treasurer of the commission
on or before the twentieth day of the succeeding month for
the previous month’s collections, and deposited by him or her
in banks designated by the commission to the credit of the
commission fund. If a dealer or a producer who acts as a
dealer fails to remit any assessments, or fails to make deductions for assessments, such sum shall, in addition to penalties
provided in this chapter, be a lien on any property owned by
him or her, and shall be reported to the county auditor by the
commission, supported by proper and conclusive evidence,
and collected in the manner and with the same priority over
other creditors as prescribed for the collection of delinquent
taxes. [2010 c 8 § 6060; 1979 ex.s. c 238 § 7; 1975 1st ex.s.
c 136 § 4; 1961 c 11 § 15.44.090. Prior: 1959 c 163 § 12;
prior: 1949 c 185 § 1, part; 1939 c 219 § 9, part; Rem. Supp.
1949 § 6266-9, part.]
15.44.090
Additional notes found at www.leg.wa.gov
15.44.140
and cream delivered to or purchased by such person from the
various producers of dairy products or their agents in the state
during the period or periods prescribed by the commission.
(2) The commission has the authority to issue subpoenas
for the production of books, records, documents, and other
writings of any kind and may issue subpoenas to witnesses to
give testimony. [2002 c 313 § 97; 1961 c 11 § 15.44.110.
Prior: 1959 c 163 § 15; 1939 c 219 § 11; RRS § 6266-11.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.130 Research, advertising, educational campaign—Increase or decrease of assessments—Procedure.
(1) In order to adequately advertise and market Washington
dairy products in the domestic, national and foreign markets,
and to make such advertising and marketing research and
development as extensive as public interest and necessity
require, and to put into force and effect the policy of this
chapter 15.44 RCW, the commission shall provide for and
conduct a comprehensive and extensive research, advertising
and educational campaign, and keep such research, advertising and education as continuous as the production, sales, and
market conditions reasonably require.
(2) The commission shall investigate and ascertain the
needs of dairy products and producers, the conditions of the
markets, and the extent to which public convenience and
necessity require advertising and research to be conducted.
(3)(a) The commission may decrease or increase the current level of assessment provided for in RCW 15.44.080 following a hearing conducted in accordance with the Administrative Procedure Act, chapter 34.05 RCW: PROVIDED,
That the current level of assessment established in this manner shall not exceed the maximum authorized assessment rate
established by producers in the most recent referendum.
(b) Upon receipt of a petition bearing the names of
twenty percent of the producers requesting a reduction in the
current level of assessment, the commission shall hold a hearing in accordance with chapter 34.05 RCW to receive producer testimony. After considering the testimony of the producer, the commission may adjust the current level of assessment. [1985 c 261 § 19; 1969 c 60 § 2; 1961 c 11 §
15.44.130. Prior: 1959 c 163 § 17; 1949 c 185 § 2; 1939 c
219 § 13; Rem. Supp. 1949 § 6266-13.]
15.44.130
15.44.133 Promotional hosting expenditures—Rules.
The commission is authorized to adopt rules governing promotional hosting expenditures by commission employees,
agents, or board members under RCW 15.04.200. [2002 c
313 § 99.]
15.44.133
15.44.100 Records of dealers, shippers—Preservation—Inspection. Each dealer or shipper shall keep a complete and accurate record of all milk or cream handled by him
or her. The record shall be in such form and contain such
information as the commission shall prescribe, and shall be
preserved for a period of two years, and be submitted for
inspection at any time upon request of the commission or its
agent. [2010 c 8 § 6061; 1961 c 11 § 15.44.100. Prior: 1959
c 163 § 14; 1939 c 219 § 10; RRS § 6266-10.]
15.44.100
15.44.110 Reports of dealers and shippers to commission—Subpoenas. (1) Each dealer and shipper shall at such
times as by rule required file with the commission a return
under oath on forms to be furnished by the commission, stating the quantity of dairy products handled, processed, manufactured, delivered, and shipped, and the quantity of all milk
15.44.110
(2010 Ed.)
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.135 Promotional printing and literature—
Contracts. Promotional printing and literature not
restricted by laws relating to public printer, see RCW
15.24.085. Conditions of employment, etc., in contracts, see
RCW 15.24.086.
15.44.135
15.44.140 Authority to inspect premises and
records—Subpoenas. (1) The commission through its
agents may inspect the premises and records of any carrier,
15.44.140
[Title 15 RCW—page 75]
15.44.150
Title 15 RCW: Agriculture and Marketing
handler, dealer, manufacturer, processor, or distributor of
dairy products for the purpose of enforcing this chapter.
(2) The commission has the authority to issue subpoenas
for the production of books, records, documents, and other
writings of any kind for any carrier, handler, dealer, manufacturer, processor, or distributor of dairy products for the purpose of enforcing this chapter. [2002 c 313 § 98; 1961 c 11 §
15.44.140. Prior: 1939 c 219 § 19; RRS § 6266-19.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.150 Action against commission enforced as if a
corporation—Liability—Limitations. Any action by the
commission administrator, member, employee, or agent
thereof pertaining to the performance or nonperformance or
misperformance of any matters or things authorized,
required, or permitted by this chapter, and any other liabilities, debts, or claims against the commission shall be
enforced in the same manner as if the commission were a corporation. No liability for the debts or actions of the commission shall exist against the state of Washington or any subdivision or instrumentality thereof. Liability for the debts or
actions of the commission’s administrator, member,
employee, or agent incurred in their official capacity under
this chapter does not exist either against the administrator,
members, employees, and agents in their individual capacity
or the state of Washington. The administrator, its members,
and its agents and employees are not responsible individually
in any way whatsoever to any person for errors in judgment,
mistakes, or other acts, either of commission or omission, as
principal, agent, person, or employee, except for their own
individual acts of dishonesty or crime.
All persons employed or contracting under this chapter
shall be limited to, and all salaries, expenses, and liabilities
incurred by the commission shall be payable only from the
funds collected under this chapter. [2003 c 396 § 32; 2002 c
313 § 102; 1961 c 11 § 15.44.150. Prior: 1939 c 219 § 7;
RRS § 6266-7.]
15.44.150
records relating to the commission and producers of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records
submitted to either the department or the commission for the
purpose of administering this chapter may be shared between
the department and the commission. They may also be used,
if required, in any suit or administrative hearing involving
any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the
reports of persons subject to this chapter as long as the statements do not identify the information furnished by any person; or
(b) The publication by the director or the commission of
the name of any person violating this chapter and a statement
of the manner of the violation by that person. [2005 c 274 §
214; 2002 c 313 § 69.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.190 Funding staff support—Rules. The director
may provide by rule for a method to fund staff support for all
commodity boards and commissions in accordance with
RCW 43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken
on behalf of an individual commodity board or commission.
The commission shall provide funds to the department
according to the rules adopted by the director. [2002 c 313 §
75.]
15.44.190
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.195 Costs of implementing RCW 15.44.061.
The costs incurred by the department of agriculture associated with the implementation of RCW 15.44.061 shall be
paid for by the commission. [2003 c 396 § 31.]
15.44.195
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.44.160 Enforcement of chapter. All state and
county law enforcement officers and all employees and
agents of the department shall enforce this chapter. [1961 c
11 § 15.44.160. Prior: 1939 c 219 § 16; RRS § 6266-16.]
15.44.160
15.44.170 Penalty. Whoever violates or aids in the violation of the provisions of this chapter shall be guilty of a
gross misdemeanor. [1961 c 11 § 15.44.170. Prior: 1939 c
219 § 14; RRS § 6266-14.]
15.44.170
15.44.901 Severability—2004 c 99. If any section, subsection, sentence, clause, or part of this chapter is for any reason held to be invalid or unconstitutional, the judicial decision does not affect the remainder of the chapter and its application to other persons or circumstances. The legislature
declares that each section, subsection, sentence, clause, and
part of this chapter was enacted with the intent that if any portion of this chapter is severed, the remainder of the chapter is
capable of accomplishing its legislative purpose. [2004 c 99
§ 2.]
15.44.901
Effective date—2004 c 99: See note following RCW 15.28.901.
15.44.910 Liberal construction. This chapter shall be
liberally construed. [1961 c 11 § 15.44.910. Prior: 1939 c
219 § 17, part; RRS § 6266-17, part.]
15.44.910
15.44.180 Jurisdiction of courts. The superior courts
are hereby vested with jurisdiction to enforce this chapter and
to prevent and restrain violations thereof. [1961 c 11 §
15.44.180. Prior: 1939 c 219 § 15; RRS § 6266-15.]
15.44.180
Chapter 15.48
15.44.185 Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter.
(1) Under RCW 42.56.380, certain agricultural business
records, commission records, and department of agriculture
15.44.185
[Title 15 RCW—page 76]
Chapter 15.48 RCW
SEED BAILMENT CONTRACTS
Sections
15.48.270
Definitions.
(2010 Ed.)
Seeds
15.48.280
15.48.290
Security interest not created by contract—Filing, recording or
notice of contract not required to establish validity of contract or title in bailor.
Payments required to be made by bailor to bailee subject to
security interests and agricultural liens.
Agricultural and vegetable seeds: Chapter 15.49 RCW.
Liens, crop: Chapter 60.11 RCW.
15.48.270
15.48.270 Definitions. As used in this chapter:
(1) "Seed bailment contract" means any bailment contract for the increase of agricultural seeds where the bailor
retains title to seed, seed stock, plant life and the seed crop
resulting therefrom.
(2) "Bailee" is any tenant farmer or landowner or both,
who, for an agreed compensation agrees to plant agricultural
seeds furnished by the bailor and to care for, cultivate, harvest and deliver to the bailor the seed resulting therefrom.
(3) "Bailor" is any seed contractor who delivers agricultural seed to a bailee under the terms of a seed bailment contract which requires the bailee to plant, care for, cultivate,
harvest and deliver the resultant seed crop to the bailor and
requires the bailor to pay the bailee the amount of compensation agreed upon in the contract for the bailees’ services in
producing the seed. [1967 c 114 § 14.]
Additional notes found at www.leg.wa.gov
15.48.280
15.48.280 Security interest not created by contract—
Filing, recording or notice of contract not required to
establish validity of contract or title in bailor. Seed bailment contracts for the increase of agricultural seeds shall not
create a security interest under the terms of the Uniform
Commercial Code, *chapter 62A.9 RCW. No filing, recording or notice of a seed bailment contract shall be required
under any of the laws of the state to establish, during the term
of a seed bailment contract the validity of any such contracts,
nor to establish and confirm in the bailor the title to all seed,
seed stock, plant life and the resulting seed crop thereof
grown or produced by the bailee under the terms of a bailment contract. [1967 c 114 § 15.]
*Reviser’s note: Chapter 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see chapter
62A.9A RCW.
Additional notes found at www.leg.wa.gov
15.48.290
15.48.290 Payments required to be made by bailor to
bailee subject to security interests and agricultural liens.
All payments of money required by the terms of a seed bailment contract to be made by a bailor to a bailee shall be subject to security interests perfected as required by *chapter
62A.9 RCW, as amended, and all agricultural liens provided
for and perfected in accordance with Title 60 RCW. [1967 c
114 § 16.]
*Reviser’s note: Chapter 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see chapter
62A.9A RCW.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
15.49.011
Chapter 15.49
Chapter 15.49 RCW
SEEDS
(Formerly: Washington state seed act)
Sections
15.49.005
15.49.011
15.49.021
15.49.031
15.49.041
15.49.051
15.49.061
15.49.071
15.49.081
15.49.091
15.49.101
15.49.111
15.49.310
15.49.330
15.49.350
15.49.360
15.49.370
15.49.380
15.49.390
15.49.400
15.49.410
15.49.420
15.49.460
15.49.470
15.49.480
15.49.900
15.49.920
15.49.930
15.49.940
15.49.950
Purpose—Rules.
Definitions.
Standards and label requirements—Rules.
Labels—Required information.
Violations—Civil penalty.
Unlawful practices.
Exceptions.
Damages—Arbitration prerequisite to legal action.
Arbitration—Filing fee—Rules.
Arbitration—Procedure.
Investigation of complaint by arbitration committee.
Arbitration committee—Creation—Generally.
Department to administer chapter—Rules and regulations—
Guidance of federal seed act.
Screenings—Removal required—Disposition.
Permit to condition certified seed.
Records—Maintenance—Availability of records and samples
for inspection.
Department’s enforcement authority.
Dealer’s license to distribute seeds.
Renewal of dealer’s license.
Seed labeling permit.
"Stop sale, use or removal orders"—Seizure—Condemnation.
Damages precluded.
Injunctions.
Moneys, disposition—Fees, fines, penalties and forfeitures of
district courts, remittance.
Cooperation and agreements with other agencies.
Existing liabilities not affected.
Effective date—1969 c 63.
Continuation of rules adopted pursuant to repealed sections—
Adoption, amendment or repeal.
Short title.
Severability—1969 c 63.
15.49.005 Purpose—Rules. The purpose of this chapter is to provide uniformity and consistency in the packaging
of agricultural, vegetable, and flower seeds so as to facilitate
the interstate movement of seed, to protect consumers, and to
provide a dispute-resolution process. The department of agriculture is hereby authorized to adopt rules in accordance with
chapter 34.05 RCW to implement this chapter. To the extent
possible, the department shall seek to incorporate into the
rules provisions from the recommended uniform state seed
law in order to attain consistency with other states. [1989 c
354 § 70.]
15.49.005
Additional notes found at www.leg.wa.gov
15.49.011 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(l) "Advertisement" means all representations, other than
those on the label, disseminated in any manner or by any
means, relating to seed within the scope of this chapter.
(2) "Agricultural seed" includes grass, forage, cereal, oil,
fiber, and other kinds of crop seeds commonly recognized
within this state as agricultural seeds, lawn seeds, and combinations of such seeds, and may include common and
restricted noxious weed seeds but not prohibited noxious
weed seeds.
(3) "Blend" means seed consisting of more than one variety of a kind, each in excess of five percent by weight of the
whole.
(4) "Bulk seed" means seed distributed in a nonpackage
form.
15.49.011
[Title 15 RCW—page 77]
15.49.011
Title 15 RCW: Agriculture and Marketing
(5) "Certifying agency" means (a) an agency authorized
under the laws of any state, territory, or possession to certify
seed officially and which has standards and procedures
approved by the United States secretary of agriculture to
assure the genetic purity and identity of the seed certified; or
(b) an agency of a foreign country determined by the United
States secretary of agriculture to adhere to procedures and
standards for seed certification comparable to those adhered
to generally by seed-certifying agencies under (a) of this subsection.
(6) "Conditioning" means drying, cleaning, scarifying,
and other operations that could change the purity or germination of the seed and require the seed lot to be retested to determine the label information.
(7) "Dealer" means any person who distributes.
(8) "Department" means the department of agriculture of
the state of Washington or its duly authorized representative.
(9) "Director" means the director of the department of
agriculture.
(10) "Distribute" means to import, consign, offer for
sale, hold for sale, sell, barter, or otherwise supply seed in
this state.
(11) "Flower seeds" includes seeds of herbaceous plants
grown from their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name
of flower seeds in this state.
(12) The terms "foundation seed," "registered seed," and
"certified seed" mean seed that has been produced and
labeled in compliance with the regulations of the department.
(13) "Germination" means the emergence and development from the seed embryo of those essential structures
which, for the kind of seed in question, are indicative of the
ability to produce a normal plant under favorable conditions.
(14) "Hard seeds" means seeds that remain hard at the
end of the prescribed test period because they have not
absorbed water due to an impermeable seed coat.
(15) "Hybrid" means the first generation seed of a cross
produced by controlling the pollination and by combining (a)
two or more inbred lines; (b) one inbred or a single cross with
an open pollinated variety; or (c) two varieties or species,
except open-pollinated varieties of corn (Zea mays). The second generation or subsequent generations from such crosses
shall not be regarded as hybrids. Hybrid designations shall be
treated as variety names.
(16) "Inert matter" means all matter not seed, that
includes broken seeds, sterile florets, chaff, fungus bodies,
and stones as determined by methods defined by rule.
(17) "Kind" means one or more related species or subspecies that singly or collectively is known by one common
name, for example, corn, oats, alfalfa, and timothy.
(18) "Label" includes a tag or other device attached to or
written, stamped, or printed on any container or accompanying any lot of bulk seeds purporting to set forth the information required on the seed label by this chapter, and it may
include any other information relating to the labeled seed.
(19) "Lot" means a definite quantity of seed identified by
a lot number or other mark, every portion or bag of which is
uniform within recognized tolerances for the factors that
appear in the labeling.
(20) "Lot number" shall identify the producer or dealer
and year of production or the year distributed for each lot of
[Title 15 RCW—page 78]
seed. This requirement may be satisfied by use of a conditioner’s or dealer’s code.
(21) "Master license system" means the mechanism
established by chapter 19.02 RCW by which master licenses,
endorsed for individual state-issued licenses, are issued and
renewed using a master application and a master license expiration date common to each renewable license endorsement.
(22) "Mixture," "mix," or "mixed" means seed consisting
of more than one kind, each in excess of five percent by
weight of the whole.
(23) "Official sample" means any sample of seed taken
and designated as official by the department.
(24) "Other crop seed" means seed of plants grown as
crops, other than the kind or variety included in the pure seed,
as determined by methods defined by rule.
(25) "Prohibited (primary) noxious weed seeds" are the
seeds of weeds which when established are highly destructive, competitive, and/or difficult to control by cultural or
chemical practices.
(26) "Person" means an individual, partnership, corporation, company, association, receiver, trustee, or agent.
(27) "Pure live seed" means the product of the percent of
germination plus hard or dormant seed multiplied by the percent of pure seed divided by one hundred. The result is
expressed as a whole number.
(28) "Pure seed" means seed exclusive of inert matter
and all other seeds not of the seed being considered as determined by methods defined by rule.
(29) "Restricted (secondary) noxious weed seeds" are the
seeds of weeds which are objectionable in fields, lawns, and
gardens of this state, but which can be controlled by cultural
or chemical practices.
(30) "Retail" means to distribute to the ultimate consumer.
(31) "Screenings" mean chaff, seed, weed seed, inert
matter, and other materials removed from seed in cleaning or
conditioning.
(32) "Seed labeling registrant" means a person who has
obtained a permit to label seed for distribution in this state.
(33) "Seeds" mean agricultural or vegetable seeds or
other seeds as determined by rules adopted by the department.
(34) "Stop sale, use, or removal order" means an administrative order restraining the sale, use, disposition, and
movement of a specific amount of seed.
(35) "Treated" means that the seed has received an application of a substance, or that it has been subjected to a process for which a claim is made.
(36) "Type" means a group of varieties so nearly similar
that the individual varieties cannot be clearly differentiated
except under special conditions.
(37) "Variety" means a subdivision of a kind that is distinct, uniform, and stable; "distinct" in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other
varieties of public knowledge; "uniform" in the sense that
variations in essential and distinctive characteristics are
describable; and "stable" in the sense that the variety will
remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as
required by the different categories of varieties.
(2010 Ed.)
Seeds
(38) "Vegetable seeds" includes the seeds of those crops
that are grown in gardens and on truck farms and are generally known and sold under the name of vegetable or herb
seeds in this state.
(39) "Weed seeds" include the seeds of all plants generally recognized as weeds within this state, and includes the
seeds of prohibited and restricted noxious weeds as determined by regulations adopted by the department.
(40) "Inoculant" means a commercial preparation containing nitrogen fixing bacteria applied to the seed.
(41) "Coated seed" means seed that has been treated and
has received an application of inert material during the treatment process. [1989 c 354 § 73.]
Additional notes found at www.leg.wa.gov
15.49.021 Standards and label requirements—Rules.
(1) The department shall establish by rule standards and label
requirements for the following seed types: Agricultural seed
(including grass, lawn, and turf seed), flower seed, and vegetable seed.
(2) The standards and label requirements shall be divided
into the following categories:
(a) Percentage of kind and variety of each seed component present; and
(b) Percentage of weed seed (restricted and common).
(3) The standards and label requirements developed by
the department shall at a minimum include:
(a) Amount of inert material;
(b) Specifics and warning for treated seed;
(c) Specifics for coated seed;
(d) Specifics and duration for inoculated seed;
(e) Specifics for seed which is below standard;
(f) Specifics for seed contained in containers, mats,
tapes, or other planting devices;
(g) Specifics for seed sold in bulk;
(h) Specifics for hybrid seed; and
(i) Specifics for seed mixtures. [1989 c 354 § 71.]
15.49.021
Additional notes found at www.leg.wa.gov
15.49.031 Labels—Required information. In addition
to the requirements contained in RCW 15.49.021, each seed
label shall contain the following:
(1) The name and address of the person who labeled the
seed and who sells, offers, or exposes the seed for sale within
the state;
(2) Lot number identification;
(3) Seed origin;
(4) Germination rate and date of germination test or the
year for which the seed was packaged for sale. [1989 c 354 §
72.]
15.49.031
Additional notes found at www.leg.wa.gov
15.49.041 Violations—Civil penalty. Every person
who fails to comply with this chapter or the rules adopted
under it may be subjected to a civil penalty, as determined by
the director, in an amount of not more than two thousand dollars for every such violation. Each and every such violation
shall be a separate and distinct offense. [1989 c 354 § 74.]
15.49.041
Additional notes found at www.leg.wa.gov
(2010 Ed.)
15.49.061
15.49.051 Unlawful practices. (1) It is unlawful for
any person to sell, offer for sale, expose for sale, or transport
for sale any agricultural, vegetable, or flower seeds within
this state unless the test to determine the percentage of germination is completed within a fifteen-month period prior to
sale, provided that germination tests for seed packaged in
hermetically sealed containers shall be completed within
thirty-six months prior to sale. The department shall establish
rules for allowing retesting.
(2) It is unlawful for any person to sell, offer for sale,
expose for sale, or transport for sale any agricultural, vegetable, or flower seed within this state not labeled in accordance
with this chapter or having false or misleading labeling or for
which there has been false or misleading advertisement.
(3) It is unlawful to represent seed to be certified unless
it has been determined by a seed-certifying agency that such
seed conformed to standards of purity and identity or variety
in compliance with the rules adopted under this chapter.
(4) It is unlawful to attach any tags of similar size and
format to the official certification tag that could be mistaken
for the official certification tag.
(5) It is unlawful for any person to sell, offer for sale,
expose for sale, or transport for sale any agricultural, vegetable, or flower seed within this state labeled with a variety
name but not certified by an official seed-certifying agency
when it is a variety for which a United States certification of
plant variety protection under the plant variety protection act
(7 U.S.C. Sec. 2321 et seq.) specifies sale only as a class of
certified seed: PROVIDED, That seed from a certified lot
may be labeled as to variety name when used in a mixture by,
or with the approval of, the owner of the variety.
(6) It is unlawful for any person within this state:
(a) To detach, alter, deface, or destroy any label required
by this chapter or its implementing rules or to alter or substitute seed in a manner that may defeat the purpose of this
chapter;
(b) To disseminate any false or misleading advertisements concerning seeds subject to this chapter in any manner
or by any means;
(c) To hinder or obstruct in any way, any authorized person in the performance of his or her duties under this chapter;
(d) To fail to comply with a "stop sale" order or to move
or otherwise handle or dispose of any lot of seed held under a
"stop sale" order or tags attached thereto, except with express
permission of the enforcing officer, and for the purpose specified thereby;
(e) To use the word "trace" as a substitute for any statement that is required; and
(f) To use the word "type" in any labeling in connection
with the name of any agricultural seed variety.
(7) It is unlawful for any person to sell, offer for sale,
expose for sale, or transport for sale any agricultural, vegetable, or flower seed within this state that consists of or contains: (a) Prohibited noxious weed seeds; or (b) restricted
noxious weed seeds in excess of the number declared on the
label. [1989 c 354 § 75.]
15.49.051
Additional notes found at www.leg.wa.gov
15.49.061 Exceptions. (1) The provisions of RCW
15.49.011 through 15.49.051 do not apply:
(a) To seed or grain not intended for sowing purposes;
15.49.061
[Title 15 RCW—page 79]
15.49.071
Title 15 RCW: Agriculture and Marketing
(b) To seed in storage by, or being transported or consigned to a conditioning establishment for conditioning if the
invoice or labeling accompanying the shipment of such seed
bears the statement "seeds for conditioning" and if any labeling or other representation that may be made with respect to
the unconditioned seed is subject to this chapter;
(c) To any carrier with respect to any seed transported or
delivered for transportation in the ordinary course of its business as a carrier if the carrier is not engaged in producing,
conditioning, or marketing seeds subject to this chapter; or
(d) Seed stored or transported by the grower of the seed.
(2) No person may be subject to the penalties of this
chapter for having sold or offered for sale seeds subject to
this chapter that were incorrectly labeled or represented as to
kind, species, variety, or type, which seeds cannot be identified by examination thereof, unless he or she has failed to
obtain an invoice, genuine grower’s declaration, or other
labeling information and to take such other precautions as
may be reasonable to ensure the identity to be that stated. A
genuine grower’s declaration of variety shall affirm that the
grower holds records of proof concerning parent seed, such
as invoice and labels. [1989 c 354 § 76.]
Additional notes found at www.leg.wa.gov
15.49.071
15.49.071 Damages—Arbitration prerequisite to
legal action. (1) When a buyer is damaged by the failure of
any seed covered by this chapter to produce or perform as
represented by the required label, by warranty, or as a result
of negligence, the buyer, as a prerequisite to maintaining a
legal action against the dealer of such seed, shall have first
provided for the arbitration of the claim. Any statutory
period of limitations with respect to such claim shall be tolled
from the date arbitration proceedings are instituted until ten
days after the date on which the arbitration award becomes
final.
(2) Similarly, no such claim may be asserted as a counterclaim or defense in any action brought by a dealer against
a buyer until the buyer has first provided for arbitration of the
claim. Upon the buyer’s filing of a written notice of intention
to assert such a claim as a counterclaim or defense in the
action accompanied by a copy of the buyer’s complaint in
arbitration filed as provided in this chapter, the action shall be
stayed, and any applicable statute of limitations shall be
tolled with respect to such claim from the date arbitration
proceedings are instituted until ten days after the arbitration
award becomes final.
(3) Conspicuous language calling attention to the
requirement for arbitration under this section shall be referenced or included on the analysis label required under RCW
15.49.011 through 15.49.101.
(4) If the parties agree to submit the claim to arbitration
and to be bound by the arbitration award, then the arbitration
shall be subject to chapter 7.04A RCW, and RCW 15.49.081
through 15.49.111 will not apply to the arbitration. If the parties do not so agree, then the buyer may provide for mandatory arbitration by the arbitration committee under RCW
15.49.081 through 15.49.111. An award rendered in such
mandatory arbitration shall not be binding upon the parties
and any trial on any claim so arbitrated shall be de novo.
[Title 15 RCW—page 80]
(5) This section applies only to claims, or counterclaims,
where the relief sought is, or includes, a monetary amount in
excess of two thousand dollars. All claims for two thousand
dollars or less shall be commenced in either district court or
small claims court. [2005 c 433 § 36; 1989 c 354 § 77.]
Application—Captions not law—Savings—Effective date—2005 c
433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Additional notes found at www.leg.wa.gov
15.49.081 Arbitration—Filing fee—Rules. The director shall adopt rules, in conformance with chapter 34.05
RCW, providing for mandatory arbitration under this chapter
and governing the proceedings of the arbitration committee.
The decisions and proceedings of the arbitration committee
shall not be subject to chapter 34.05 RCW. The department
shall establish by rule a filing fee to cover the administrative
costs of processing a complaint and submitting it to the arbitration committee. [1989 c 354 § 78.]
15.49.081
Additional notes found at www.leg.wa.gov
15.49.091 Arbitration—Procedure. (1) To submit a
claim to mandatory arbitration, the buyer shall make and file
with the department a sworn complaint against the dealer
alleging the damages sustained. The buyer shall send a copy
of the complaint to the dealer by United States registered
mail. The filing fee shall be submitted to the department with
each complaint filed and may be recovered from the dealer or
other seller upon recommendations of the arbitration committee.
(2) Within twenty days after receipt of a copy of the
complaint, the dealer shall file with the department, by
United States registered mail, the answer to the complaint.
Failure of a dealer to file a timely answer to the complaint
shall be so documented for the record.
(3) The director shall, upon receipt of the answer, refer
the complaint and answer to the arbitration committee for
investigation, findings, and recommendations.
(4) Any dealer may request an investigation by the arbitration committee for any dispute involving seed which may
not otherwise be before the arbitration committee. [1989 c
354 § 79.]
15.49.091
Additional notes found at www.leg.wa.gov
15.49.101 Investigation of complaint by arbitration
committee. (1) Upon referral of a complaint for investigation, the arbitration committee shall make a prompt and full
investigation of the matters complained of and report its
award to the director within sixty days of such referral or
such later date as parties may determine or as may be
required in subsection (3) of this section.
(2) The report of the arbitration committee shall include,
in addition to its award, recommendations as to costs, if any.
(3) In the course of its investigation, the arbitration committee may examine the buyer and the dealer on all matters
that the arbitration committee may consider relevant; may
grow a representative sample of the seed referred to in the
complaint if considered necessary; and may hold informal
hearings at such time and place as the committee chair may
direct upon reasonable notice to all parties. If the committee
decides to grow a representative sample of the seed, the sixty15.49.101
(2010 Ed.)
Seeds
day period identified in this section shall be extended an additional thirty days.
(4) After the committee has made its award, the director
shall promptly transmit the report by certified mail to all parties. [2010 c 8 § 6062; 1989 c 354 § 80.]
Additional notes found at www.leg.wa.gov
15.49.111 Arbitration committee—Creation—Generally. (1) The director shall create an arbitration committee
composed of five members, including the director, or a
department employee designated by the director, and four
members appointed by the director. The director shall make
appointments so that the committee is balanced and does not
favor the interests of either buyers or dealers. The director
also shall appoint four alternates to the committee. In making
appointments the director, to the extent practical, shall seek
the recommendations of each of the following:
(a) The dean of the college of agriculture and home economics at Washington State University;
(b) The chief officer of an organization in this state representing the interests of seed dealers;
(c) The chief officer of an agriculture organization in this
state as the director may determine to be appropriate; and
(d) The president of an agricultural organization in this
state representing persons who purchase seed.
(2) Each alternate member shall serve only in the
absence of the member for whom the person is an alternate.
(3) The committee shall elect a chair and a secretary
from its membership. The chair shall conduct meetings and
deliberations of the committee and direct all of its other activities. The secretary shall keep accurate records of all such
meetings and deliberations and perform such other duties for
the commission as the chair may direct.
(4) The purpose of the committee is to conduct arbitration as provided in this chapter. The committee may be
called into session by or at the direction of the director or
upon direction of its chair to consider matters referred to it by
the director in accordance with this chapter.
(5) The members of the committee shall receive no compensation for performing their duties but shall be reimbursed
for travel expenses; expense reimbursement shall be borne
equally by the parties to the arbitration.
(6) For purposes of this chapter, a quorum of four members or their alternates is necessary to conduct an arbitration
investigation or to make an award. If a quorum is present, a
simple majority of members present shall be sufficient to
make a decision. Any member disagreeing with the award
may prepare a dissenting opinion and such opinion also will
be included in the committee’s report.
(7) The director shall make provisions for staff support,
including legal advice, as the committee finds necessary.
[2010 c 8 § 6063; 1989 c 354 § 81.]
15.49.111
Additional notes found at www.leg.wa.gov
15.49.310 Department to administer chapter—Rules
and regulations—Guidance of federal seed act. The
department shall administer, enforce, and carry out the provisions of this chapter and may adopt regulations necessary to
carry out its purpose. The adoption of regulations shall be
subject to a public hearing and all other applicable provisions
15.49.310
(2010 Ed.)
15.49.370
of chapter 34.05 RCW (Administrative Procedure Act), as
enacted and hereafter amended.
The department when adopting regulations in respect to
the seed industry shall consult with affected parties, such as
growers, conditioners, and distributors of seed. Any final regulation adopted shall be based upon the requirements and
conditions of the industry and shall be for the purpose of promoting the well-being of the purchasers and users of seed as
well as the members of the seed industry.
When seed labeling, terms, methods of sampling and
analysis, and tolerances are not specifically stated in this
chapter or otherwise designated by the department, the
department shall, in order to promote uniformity, be guided
by officially recognized associations, or regulations under
The Federal Seed Act. [1981 c 297 § 9; 1969 c 63 § 31.]
Additional notes found at www.leg.wa.gov
15.49.330 Screenings—Removal required—Disposition. (1) All screenings, removed in the cleaning or conditioning of seeds, which contain prohibited or restricted noxious weed seeds shall be removed from the seed conditioning
plant only under conditions that will prevent weed seeds from
being dispersed into the environment.
(2) The director may by regulation adopt requirements
for moving, conditioning, and/or disposing of screenings.
[1981 c 297 § 11; 1979 c 154 § 1; 1969 c 63 § 33.]
15.49.330
Additional notes found at www.leg.wa.gov
15.49.350 Permit to condition certified seed. Upon
application for a permit to condition certified seed, the
department shall inspect the seed conditioning facilities of
the applicant to determine that genetic purity and identity of
seed conditioned can be maintained. Upon approval, the
department shall issue a seed conditioning permit, for each
regular place of business, which shall be conspicuously displayed in the office of such business. The permit shall remain
in effect as long as the facilities comply with the department’s requirements for such permit. [1981 c 297 § 13; 1969
c 63 § 35.]
15.49.350
Additional notes found at www.leg.wa.gov
15.49.360 Records—Maintenance—Availability of
records and samples for inspection. The seed labeling registrant whose name appears on the label shall:
(1) Keep, for a period of two years after the date of final
disposition, complete records of each lot of seed distributed:
PROVIDED, That the file sample of each lot of seed distributed need be kept for only one year.
(2) Make available, during regular working hours, such
records and samples for inspection by the department. [1969
c 63 § 36.]
15.49.360
15.49.370 Department’s enforcement authority. The
department shall have the authority to:
(1) Sample, inspect, make analysis of, and test seeds distributed within this state at such time and place and to such
extent as it may deem necessary to determine whether such
seeds are in compliance with the provisions of this chapter.
The methods of sampling and analysis shall be those adopted
by the department from officially recognized sources. The
15.49.370
[Title 15 RCW—page 81]
15.49.380
Title 15 RCW: Agriculture and Marketing
department, in determining for administrative purposes
whether seeds are in violation of this chapter, shall be guided
by records, and by the official sample obtained and analyzed
as provided for in this section. Analysis of an official sample,
by the department, shall be accepted as prima facie evidence
by any court of competent jurisdiction.
(2) Enter any dealer’s or seed labeling registrant’s premises at all reasonable times in order to have access to seeds
and to records. This includes the determination of the weight
of packages and bulk shipments.
(3) Adopt and enforce regulations for certifying seeds,
and shall fix and collect fees for such service. The director of
the department may appoint persons as agents for the purpose
of assisting in the certification of seeds.
(4) Adopt and enforce regulations for inspecting, grading, and certifying growing crops of seeds; inspect, grade,
and issue certificates upon request; and fix and collect fees
for such services.
(5) Make purity, germination and other tests of seed on
request, and fix and collect charges for the tests made.
(6) Establish and maintain seed testing facilities, employ
qualified persons, establish by rule special assessments as
needed, and incur such expenses as may be necessary to carry
out the provisions of this chapter.
(7) Adopt a list of the prohibited and restricted noxious
weed seeds.
(8) Publish reports of official seed inspections, seed certifications, laboratory statistics, verified violations of this
chapter, and other seed branch activities which do not reveal
confidential information regarding individual company operations or production.
(9) Deny, suspend, or revoke licenses, permits and certificates provided for in this chapter subsequent to a hearing,
subject to the provisions of chapter 34.05 RCW (Administrative Procedure Act) as enacted or hereafter amended, in any
case in which the department finds that there has been a failure or refusal to comply with the provisions of this chapter or
regulations adopted hereunder. [1981 c 297 § 14; 1969 c 63
§ 37.]
Additional notes found at www.leg.wa.gov
15.49.380
15.49.380 Dealer’s license to distribute seeds. (1) No
person shall distribute seeds without having obtained a
dealer’s license for each regular place of business: PROVIDED, That no license shall be required of a person who
distributes seeds only in sealed packages of eight ounces or
less, packed by a seed labeling registrant and bearing the
name and address of the registrant: PROVIDED FURTHER,
That a license shall not be required of any grower selling
seeds of his or her own production exclusively. Such seed
sold by such grower must be properly labeled as provided in
this chapter. Each dealer’s license shall cost twenty-five dollars, shall be issued through the master license system, shall
bear the date of issue, shall expire on the master license expiration date and shall be prominently displayed in each place
of business.
(2) Persons custom conditioning and/or custom treating
seeds for others for remuneration shall be considered dealers
for the purpose of this chapter.
[Title 15 RCW—page 82]
(3) Application for a license to distribute seed shall be
through the master license system and shall include the name
and address of the person applying for the license, the name
of a person domiciled in this state authorized to receive and
accept service or legal notices of all kinds, and any other reasonable and practical information prescribed by the department necessary to carry out the purposes and provisions of
this chapter. [2010 c 8 § 6064; 1982 c 182 § 24; 1981 c 297
§ 15; 1969 c 63 § 38.]
Master license system
existing licenses or permits registered under, when: RCW 19.02.810.
to include additional licenses: RCW 19.02.110.
Additional notes found at www.leg.wa.gov
15.49.390 Renewal of dealer’s license. If an application for renewal of the dealer’s license provided for in RCW
15.49.380, is not filed prior to the master license expiration
date, the master license delinquency fee shall be assessed
under chapter 19.02 RCW and shall be paid by the applicant
before the renewal license shall be issued. [1982 c 182 § 25;
1969 c 63 § 39.]
15.49.390
Master license
delinquency fee—Rate—Disposition: RCW 19.02.085.
expiration date: RCW 19.02.090.
system—Existing licenses or permits registered under, when: RCW
19.02.810.
Additional notes found at www.leg.wa.gov
15.49.400 Seed labeling permit. (1) No person shall
label seed for distribution in this state without having
obtained a seed labeling permit. The seed labeling registrant
shall be responsible for the label and the seed contents. The
application for a seed labeling permit shall be submitted to
the department on forms furnished by the department, and
shall be accompanied by a fee of twenty dollars per applicant.
The application form shall include the name and address of
the applicant, a label or label facsimile, and any other reasonable and practical information prescribed by the department.
Upon approval, the department shall issue said permit to the
applicant. All permits expire on January 31st of each year.
(2) If an application for renewal of the seed labeling permit provided for in this section is not filed prior to February
1st of any one year, an additional fee of ten dollars shall be
assessed and added to the original fee and shall be paid by the
applicant before the license shall be issued: PROVIDED,
That such additional fee shall not apply if the applicant furnishes an affidavit that he or she has not labeled seed for distribution in this state subsequent to the expiration of his or her
prior permit. [2010 c 8 § 6065; 1969 c 63 § 40.]
15.49.400
15.49.410 "Stop sale, use or removal orders"—Seizure—Condemnation. (1) When the department has determined or has probable cause to suspect that any lot of seed or
screenings is mislabeled and/or is being distributed in violation of this chapter or regulations adopted hereunder, it may
issue and enforce a written or printed "stop sale, use or
removal order" warning the distributor not to dispose of the
lot of seed or screenings in any manner until written permission is given by the department or a court of competent jurisdiction. The department shall release the lot of seed or
screenings so withdrawn when said provisions and regula15.49.410
(2010 Ed.)
Brassica Seed Production
tions have been complied with. If compliance is not obtained,
the department may bring proceedings for condemnation.
(2) Any lot of seed or screenings not in compliance with
the provisions of this chapter shall be subject to seizure on
complaint of the department to a court of competent jurisdiction in the locality in which the seed or screenings are
located. In the event the court finds the seed or screenings to
be in violation of this chapter and orders the condemnation of
said seed or screenings, such lot of seed or screenings shall be
denatured, conditioned, destroyed, relabeled, or otherwise
disposed of in compliance with the laws of this state: PROVIDED, That in no instance shall the court order such disposition of said seed or screenings without first having given the
claimant an opportunity to apply to the court, within twenty
days, for the release of said seed or screenings or for permission to condition or relabel it to bring it into compliance with
this chapter. [1981 c 297 § 16; 1969 c 63 § 41.]
Additional notes found at www.leg.wa.gov
15.49.420 Damages precluded. No state court shall
allow the recovery of damages from administrative action
taken or for stop sales or seizures under RCW 15.49.410 if
the court finds that there was probable cause for such action.
[1969 c 63 § 42.]
15.49.420
15.49.460 Injunctions. The department is hereby
authorized to apply for, and the court authorized to grant, a
temporary or permanent injunction restraining any person
from violating or continuing to violate any of the provisions
of this chapter or any regulations promulgated under this
chapter, notwithstanding the existence of any other remedy at
law. Any such injunction shall be issued without bond. [1969
c 63 § 46.]
15.51.010
shall already be in existence on July 1, 1969. [1969 c 63 §
49.]
15.49.920 Effective date—1969 c 63. The effective
date of this 1969 act is July 1, 1969. [1969 c 63 § 51.]
15.49.920
15.49.930 Continuation of rules adopted pursuant to
repealed sections—Adoption, amendment or repeal. The
repeal of sections 15.48.010 through 15.48.260 and
15.48.900, chapter 11, Laws of 1961 and RCW 15.48.010
through 15.48.260 and 15.48.900 and the enactment of this
1969 act shall not be deemed to have repealed any regulations
adopted under the provisions of sections 15.48.010 through
15.48.260 and 15.48.900, chapter 11, Laws of 1961 and
RCW 15.48.010 through 15.48.260 and 15.48.900, and in
effect immediately prior to such repeal and not inconsistent
with the provisions of this 1969 act. For the purpose of this
1969 act, it shall be deemed that such rules have been adopted
under the provisions of this 1969 act pursuant to chapter
34.05 RCW, as enacted or hereafter amended concerning the
adoption of rules. Any amendment or repeal of such rules
after July 1, 1969, shall be subject to the provisions of chapter
34.05 RCW (Administrative Procedure Act) as enacted or
hereafter amended, concerning the adoption of rules. [1969 c
63 § 52.]
15.49.930
15.49.460
15.49.470 Moneys, disposition—Fees, fines, penalties
and forfeitures of district courts, remittance. All moneys
collected under the provisions of this chapter shall be paid to
the director and deposited in an account within the agricultural local fund. Such deposits shall be used only in the
administration and enforcement of this chapter. Any residual
balance remaining in the seed fund on June 9, 1988, shall be
transferred to that account within the agricultural local fund.
All fees, fines, forfeitures and penalties collected or assessed
by a district court because of the violation of a state law shall
be remitted as provided in chapter 3.62 RCW as now exists or
is later amended. [1988 c 254 § 2; 1987 c 202 § 176; 1975 1st
ex.s. c 257 § 2; 1969 ex.s. c 199 § 13; 1969 c 63 § 47.]
15.49.470
Intent—1987 c 202: See note following RCW 2.04.190.
15.49.940 Short title. RCW 15.49.020 through
15.49.950 shall be known as the "Washington State Seed
Act." [1969 c 63 § 53.]
15.49.940
15.49.950 Severability—1969 c 63. If any section or
provision of this 1969 act shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the act as a whole or any section, provision, or part
thereof, not adjudged invalid or unconstitutional. [1969 c 63
§ 55.]
15.49.950
Chapter 15.51
Chapter 15.51 RCW
BRASSICA SEED PRODUCTION
Sections
15.51.010
15.51.020
15.51.030
15.51.040
15.51.050
15.51.060
15.51.070
15.51.900
15.51.901
Findings—Purpose.
Definitions.
Brassica seed production districts—Grower’s petition—Rules.
Brassica production agreements.
Rules.
Violation or threatened violation of chapter—Action to enjoin.
Application of chapter 34.05 RCW.
Effective date—2007 c 181.
Captions not law—2007 c 181.
Additional notes found at www.leg.wa.gov
15.51.010 Findings—Purpose. The legislature finds
that the growing, production, or formation of seed from
plants of the genus Brassica for the purpose of producing
seed, oil, biofuel or associated by-products, commercial vegetables, forage, or cover crops is in the interest of the public
welfare. The legislature finds that species, hybrids, varieties,
and variations of plants of the genus Brassica have potential
to form genetic crosses, particularly when they are grown in
geographic proximity, and will, if not properly regulated,
result in significant loss of quality, purity, and value in the
seed produced.
15.51.010
15.49.480 Cooperation and agreements with other
agencies. The department may cooperate with and enter into
agreements with other governmental agencies, whether of
this state, other states, or agencies of the federal government,
and with private associations, in order to carry out the purposes and provisions of this chapter. [1969 c 63 § 48.]
15.49.480
15.49.900 Existing liabilities not affected. The enactment of this chapter shall not have the effect of terminating or
in any way modifying any liability, civil or criminal, which
15.49.900
(2010 Ed.)
[Title 15 RCW—page 83]
15.51.020
Title 15 RCW: Agriculture and Marketing
The legislature finds that production of biofuel using
Brassica seed crops, generally known as canola or rapeseed,
can help citizens and businesses conserve energy and reduce
the use of petroleum-based fuels, improve air and water quality, and create new industries and jobs for Washington citizens. The legislature also finds that Washington state offers
conditions uniquely suited to the production of high quality,
high value Brassica vegetable seed, and that the vegetable
seed industry is a significant contributor to the diversity and
economic viability of the agricultural community.
The purpose of chapter 181, Laws of 2007 is to provide
for the orderly production of potentially incompatible varieties of Brassica seed crops. [2007 c 181 § 1.]
15.51.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Brassica" means any plants in the genus Brassica.
(2) "Brassica seed crop" means any commercial production of any species, hybrid, or variety of the genus Brassica
that results in pollen or seed formation. Brassica seed crop
includes, but is not limited to, Brassica seeds grown for
planting, and species generally known as rapeseed or canola,
including Brassica napus, Brassica rapa, and Brassica juncea, grown for oil or biofuel and associated by-products. For
purposes of this chapter, forage and cover crops from the
genus Brassica are considered Brassica seed crops. Plants
from the genus Brassica grown as vegetables for human or
animal consumption such as cabbage, broccoli, rutabaga, and
kohlrabi are not Brassica seed crops as long as they are not
allowed to produce pollen or seed.
(3) "Department" means the state department of agriculture.
(4) "Director" means the director of the department or
the director’s authorized representative.
(5) "Grower" means a person who grows a Brassica seed
crop within a Brassica seed production district or, for purposes of RCW 15.51.030, within a proposed Brassica seed
production district.
(6) "Processor" means a person who commercially uses,
sells, or processes a Brassica seed crop grown within a Brassica seed production district or, for purposes of RCW
15.51.030, within a proposed Brassica seed production district.
(7) "Volunteer and weed Brassica plants" means plants
of the genus Brassica that arise from accidental or unintentional scattering or occurrence of seed. [2007 c 181 § 2.]
15.51.020
15.51.030 Brassica seed production districts—
Grower’s petition—Rules. Any grower or processor of a
Brassica seed crop may submit a petition to the director
requesting establishment of a Brassica seed production district. The petition must include proposed geographic boundaries of the district and the proposed types of regulations for
designated Brassica seed crop species within the district.
The petition must contain the signatures of at least ten growers or processors of affected Brassica seed crops grown
within the boundaries of the proposed Brassica seed production district. If there are fewer than ten growers or processors
of affected Brassica seed crops grown within the boundaries
15.51.030
[Title 15 RCW—page 84]
of the proposed district, then the applicant may submit a list
of names and contact information for all Brassica seed crop
growers and processors within the proposed district and a
petition signed by at least fifty percent of these persons. In
response to the petition, the director may adopt rules to establish Brassica seed production districts. [2007 c 181 § 3.]
15.51.040 Brassica production agreements. (1) Any
person who wishes to conduct an activity otherwise prohibited within a Brassica seed production district must first enter
into a Brassica production agreement with the director. Each
Brassica production agreement shall be developed by the
applicant and the director in consultation with an advisory
committee comprised of at least three individuals appointed
by the director, none of whom shall have a financial interest
in the request for agreement or its outcome and at least one of
whom shall be a grower in or processor of Brassica seed
crops grown within the Brassica seed production district.
The director shall not enter into any Brassica production
agreement unless the director, in the exercise of his or her discretion, is satisfied that the agreement contains terms and
conditions that are necessary and sufficient to mitigate reasonably possible risks to the economic well-being of growers
within the Brassica seed production district from the proposed activity.
(2) The applicant or any grower or processor of a Brassica seed crop grown within the Brassica seed production
district that would be affected by the Brassica production
agreement may appeal, under RCW 34.05.570(4), the director’s decision whether or not to enter into a Brassica production agreement. Any such appeal must be filed in the superior
court of Thurston county or the county in which the activity
to be allowed under the Brassica production agreement
would occur. [2007 c 181 § 4.]
15.51.040
15.51.050 Rules. The director may adopt rules necessary to carry out the purpose and provisions of this chapter
concerning, but not limited to:
(1) Brassica seed production districts;
(2) Notification of a designated central clearinghouse for
growers to report their intention to plant a Brassica seed crop
within a Brassica seed production district;
(3) Isolation distances between Brassica seed crops
within a Brassica seed production district;
(4) Exclusion of designated Brassica seed crops within a
Brassica seed production district, except under terms of a
Brassica production agreement;
(5) Control of volunteer and weed Brassica plants within
a Brassica seed production district; and
(6) Brassica production agreements. [2007 c 181 § 5.]
15.51.050
15.51.060 Violation or threatened violation of chapter—Action to enjoin. The director or any grower or processor of a Brassica seed crop grown within a Brassica seed
production district may bring an action to enjoin the violation
or threatened violation of any provision of this chapter or its
rules, or any Brassica production agreement entered into by
an applicant and the director, in the superior court of Thurston county or the county in which the violation or threatened
violation occurs or is about to occur. [2007 c 181 § 6.]
15.51.060
(2010 Ed.)
Commercial Feed
15.51.070 Application of chapter 34.05 RCW. Chapter 34.05 RCW governs the rights, remedies, and procedures
respecting the administration of this chapter, including rule
making. [2007 c 181 § 7.]
15.51.070
15.51.900 Effective date—2007 c 181. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[April 21, 2007]. [2007 c 181 § 11.]
15.51.900
15.51.901 Captions not law—2007 c 181. Captions
used in this act are not any part of the law. [2007 c 181 § 8.]
15.51.901
Chapter 15.53
Chapter 15.53 RCW
COMMERCIAL FEED
Sections
15.53.901
15.53.9012
15.53.9013
15.53.9014
15.53.9015
15.53.9016
15.53.9018
15.53.902
15.53.9022
15.53.9024
15.53.9038
15.53.904
15.53.9042
15.53.9044
15.53.9046
15.53.9048
15.53.9054
15.53.9056
Definitions.
Administration and administrative rules.
Commercial feed license—Required—Exemptions—Application—Fees—Renewal—Denial or cancellation for noncompliance—Violation—Penalty—Rules.
Registration of pet food and specialty pet food—Exemption—Application—Renewal—Fees—Denial or cancellation for noncompliance—Violation—Penalty.
Responsible buyer status—Application—Removal—List.
Labeling—Required information—Recordkeeping—Rules.
Semiannual report required—Inspection fees—Reports—
Late fees—Confidentiality.
Adulteration—Definition—Unlawful to distribute.
Misbranding—Definition—Unlawful to distribute.
Inspections of facilities, vehicles, equipment, etc.—Verification of records and procedures—Notice—Official samples—Warrants authorized.
Department’s remedies for noncompliance—"Withdrawal
from distribution" order—Condemnation—Seizure.
Department’s remedies for noncompliance—Classification
of crimes—Prosecutions—Injunctions.
Department to publish distribution information, production
data, and analyses comparison.
Disposition of moneys.
Cooperation with other entities.
Chapter is cumulative.
Severability—1965 ex.s. c 31.
Short title.
15.53.901 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Brand name" means a word, name, symbol, or
device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it
from that of others.
(2) "Commercial feed" means all materials or combination of materials that are distributed or intended for distribution for use as feed or for mixing in feed, unless such materials are specifically exempted. Unmixed whole seeds and
physically altered entire unmixed seeds, when such whole
seeds or physically altered seeds are not chemically changed
or not adulterated within the meaning of RCW 15.53.902, are
exempt. The department by rule may exempt from this definition, or from specific provisions of this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and
individual chemical compounds or substances when such
commodities, compounds, or substances are not intermixed
with other materials, and are not adulterated within the meaning of RCW 15.53.902.
15.53.901
(2010 Ed.)
15.53.901
(3) "Contract feeder" means a person who is an independent contractor and feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied,
furnished, or otherwise provided to such person and whereby
such person’s remuneration is determined all or in part by
feed consumption, mortality, profits, or amount or quality of
product.
(4) "Customer-formula feed" means commercial feed
that consists of a mixture of commercial feeds or feed ingredients, or both, each batch of which is manufactured according to the instructions of the final purchaser.
(5) "Department" means the department of agriculture of
the state of Washington or its duly authorized representative.
(6) "Director" means the director of the department or a
duly authorized representative.
(7) "Distribute" means to offer for sale, sell, exchange or
barter, commercial feed; or to supply, furnish, or otherwise
provide commercial feed to a contract feeder.
(8) "Distributor" means a person who distributes.
(9) "Drug" means an article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in
animals other than people and articles, other than feed
intended to affect the structure or a function of the animal
body.
(10) "Facility" means any place where a commercial
feed is manufactured, repackaged, sold, transloaded, or
stored for later distribution.
(11) "Feed ingredient" means each of the constituent
materials making up a commercial feed.
(12) "Final purchaser" means a person who purchases
commercial feed to feed to animals in his or her care.
(13) "Initial distributor" means a person who first distributes a commercial feed in or into this state.
(14) "Label" means a display of written, printed, or
graphic matter upon or affixed to the container in which a
commercial feed is distributed, or on the invoice or delivery
slip with which a commercial feed is distributed.
(15) "Labeling" means all labels and other written,
printed, or graphic matter: (a) Upon a commercial feed or
any of its containers or wrappers; or (b) accompanying such
commercial feed.
(16) "Licensee" means a person who holds a commercial
feed license as prescribed in this chapter.
(17) "Manufacture" means to grind, mix or blend, or further process a commercial feed for distribution.
(18) "Medicated feed" means a commercial feed containing a drug or other medication.
(19) "Mineral feed" means a commercial feed intended
to supply primarily mineral elements or inorganic nutrients.
(20) "Official sample" means a sample of feed taken by
the department, obtained and analyzed as provided in RCW
15.53.9024 (3), (5), or (6).
(21) "Percent" or "percentage" means percentage by
weight.
(22) "Person" means an individual, firm, partnership,
corporation, or association.
(23) "Pet" means a domesticated animal normally maintained in or near the household of the owner of the pet.
(24) "Pet food" means a commercial feed prepared and
distributed for consumption by pets.
[Title 15 RCW—page 85]
15.53.9012
Title 15 RCW: Agriculture and Marketing
(25) "Product name" means the name of the commercial
feed that identifies it as to kind, class, or specific use.
(26) "Responsible buyer" means a licensee who is not
the final purchaser of a commercial feed and has agreed to be
responsible for reporting tonnage and paying inspection fees
for all commercial feeds they distribute.
(27) "Retail" means to distribute to the final purchaser.
(28) "Sell" or "sale" includes exchange.
(29) "Specialty pet" means a domesticated animal pet
normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs,
finches, tropical fish, goldfish, snakes, and turtles.
(30) "Specialty pet food" means a commercial feed prepared and distributed for consumption by specialty pets.
(31) "Ton" means a net weight of two thousand pounds
avoirdupois.
(32) "Transload" means to transfer commercial feed
from one carrier to another carrier without processing or
blending the ingredients, for example, transferred from rail
car to trucks or shipping containers.
(33) "Quantity statement" means the net weight (mass),
net volume (liquid or dry), or count. [2005 c 18 § 1; 1995 c
374 § 33; 1982 c 177 § 1; 1975 1st ex.s. c 257 § 3; 1965 ex.s.
c 31 § 2. Prior acts on this subject: 1961 c 11 §§ 15.53.010
through 15.53.900; 1953 c 80 §§ 1-35.]
Additional notes found at www.leg.wa.gov
15.53.9012 Administration and administrative rules.
(1) The department shall administer, enforce and carry out
the provisions of this chapter and may adopt rules necessary
to carry out its purpose. In adopting such rules, the director
shall consider (a) the official definitions of feed ingredients
and official feed terms adopted by the association of American feed control officials and published in the official publication of that organization; and (b) any regulation adopted
pursuant to the authority of the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301, et seq.), if the department
would have the authority under this chapter to adopt the regulations. The adoption of rules shall be subject to a public
hearing and all other applicable provisions of chapter 34.05
RCW (Administrative Procedure Act).
(2) The director when adopting rules in respect to the
feed industry shall consult with affected parties, such as manufacturers and distributors of commercial feed and any final
rule adopted shall be designed to promote orderly marketing
and shall be reasonable and necessary and based upon the
requirements and condition of the industry and shall be for
the purpose of promoting the well-being of the members of
the feed industry as well as the well-being of the purchasers
and users of feed and for the general welfare of the people of
the state. [1995 c 374 § 34; 1965 ex.s. c 31 § 3.]
15.53.9012
Additional notes found at www.leg.wa.gov
15.53.9013 Commercial feed license—Required—
Exemptions—Application—Fees—Renewal—Denial or
cancellation for noncompliance—Violation—Penalty—
Rules. (1) Except as provided under subsection (2) of this
section, any person: (a) Who manufactures a commercial
feed in this state; (b) who distributes a commercial feed in or
into this state; or (c) whose name appears on a commercial
15.53.9013
[Title 15 RCW—page 86]
feed label as guarantor, must first obtain from the department
a commercial feed license for each facility that distributes in
or into this state.
(2) The following persons are exempt from the requirement of a commercial feed license:
(a) Any person who makes only retail sales of commercial feed which bears labeling or other approved indication
that the commercial feed is from a licensed manufacturer,
guarantor, or distributor who has assumed full responsibility
for reporting and paying the inspection fee due under chapter
18, Laws of 2005;
(b) Any person distributing only pet food or specialty pet
food;
(c) Any person distributing food processing by-products
from fruit, vegetable, or potato processing plants, freezing or
dehydrating facilities, or juice or jelly preserving plants,
except that the distribution of by-products or products of
sugar refineries are not exempt from the requirement of a
commercial feed license; and
(d) Any person distributing bona fide experimental feed
on which accurate records and experimental programs are
maintained.
(3) Application for a commercial feed license must be
made annually on forms provided by the department and
must be accompanied by a fee of fifty dollars.
(4) The commercial feed license expires on June 30th of
each year. The application and fee for a commercial feed
license renewal is due July 1st of each year. If a completed
application and appropriate fee is not received by July 1st, a
late renewal fee of fifty dollars per facility will be assessed in
addition to the license fee and must be paid by the applicant
before the renewal license is issued. A late renewal fee will
not apply if the applicant furnishes an affidavit that he or she
has not distributed a commercial feed subsequent to the expiration of his or her prior license. The assessment of the late
renewal fee will not prevent the department from taking other
action as provided for in this chapter.
(5) An application for a commercial feed license must
include:
(a) The name and mailing address of the applicant;
(b) The physical address of the facility;
(c) The name, contact information, and signature of the
applicant; and
(d) Other information required by the department by
rule.
(6) The department may deny a license application if the
applicant is not in compliance with this chapter or applicable
rules, and may cancel a license if the licensee is not in compliance with this chapter or applicable rules. Prior to denial
or cancellation of a license, the department shall provide
notice and an opportunity to correct deficiencies. If an applicant or licensee fails to correct the deficiency, the department
shall deny or cancel the license. If aggrieved by the decision,
the applicant or licensee may request a hearing as authorized
under chapter 34.05 RCW.
(7) Notwithstanding the payment of a late renewal fee, it
is a violation to distribute a commercial feed by an unlicensed
person, and nothing in this chapter prevents the department
from imposing a penalty authorized by this chapter for the
violation.
(2010 Ed.)
Commercial Feed
(8) The department may under conditions specified by
rule, request submission of labels and labeling in order to
determine compliance with the provisions of this chapter.
[2005 c 18 § 2; 1995 c 374 § 35.]
Additional notes found at www.leg.wa.gov
15.53.9014 Registration of pet food and specialty pet
food—Exemption—Application—Renewal—Fees—
Denial or cancellation for noncompliance—Violation—
Penalty. (1) A person may not distribute in this state a pet
food or specialty pet food that has not been registered by the
department.
(2) All applications for registration must be submitted on
forms provided by the department and must include:
(a) The name and mailing address of the applicant;
(b) The physical address of the applicant;
(c) The name, contact information, and signature of the
applicant;
(d) Indication of the package sizes distributed for each
product; and
(e) Other information required by the department by
rule.
(3) An application for registration must be accompanied
by a label and other applicable printed matter describing the
product and the following fees:
(a) Twenty-two dollars per product for those products
distributed only in packages of ten pounds or more;
(b) Ninety dollars per product for those products distributed in packages of less than ten pounds; or
(c) Ninety dollars per product for those products distributed both in packages of less than ten pounds and packages of
ten pounds or more.
(4) Registrations are issued by the department for a twoyear period beginning on July 1st of a given year and ending
twenty-four months later on July 1st, except that registrations
issued to a registrant who applies to register an additional
product during the last twelve months of the registrant’s
period expire on the next July 1st.
(5) A distributor is not required to register a pet food or
specialty pet food that is already registered under this chapter, as long as it is distributed with the original label.
(6) Changes in the guarantee of either chemical or ingredient composition of a pet food or specialty pet food registered under this chapter may be permitted if there is satisfactory evidence that such changes would not result in a lowering of the feed value of the product for the purpose for which
it was designed.
(7) The department may deny registration of any pet
food or speciality pet food not in compliance with this chapter and its rules. The department may cancel any registration
subsequently found to be not in compliance with this chapter
and its rules. Prior to denial or cancellation of a registration,
the applicant or registrant of an existing registered pet food or
specialty pet food must be notified of the reasons and given
an opportunity to amend the application to comply. If the
applicant does not make the necessary corrections, the
department will deny or cancel the registration. The applicant or registrant of an existing registered pet food or specialty pet food may request a hearing as provided for in chapter 34.05 RCW.
15.53.9014
(2010 Ed.)
15.53.9016
(8) Application for renewal of registration is due July 1st
of each registration period. If an application for renewal is
not received by the department by the due date, a late fee of
twenty dollars per product is added to the original fee and
must be paid by the applicant before the renewal registration
may be issued. A late fee will not apply if the applicant furnishes an affidavit that he or she has not distributed this feed
subsequent to the expiration of the prior registration. Payment of a late fee does not prevent the department from
imposing a penalty authorized by this chapter for the violation. [2005 c 18 § 4; (2005 c 18 § 3 expired July 1, 2006);
1995 c 374 § 36; 1993 sp.s. c 19 § 2; 1982 c 177 § 2; 1975 1st
ex.s. c 257 § 4; 1965 ex.s. c 31 § 4.]
Effective date—2005 c 18 § 4: "Section 4 of this act takes effect July
1, 2006." [2005 c 18 § 12.]
Effective date—2005 c 18 § 3: "Section 3 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
July 1, 2005." [2005 c 18 § 11.]
Expiration date—2005 c 18 § 3: "Section 3 of this act expires July 1,
2006." [2005 c 18 § 13.]
Additional notes found at www.leg.wa.gov
15.53.9015 Responsible buyer status—Application—
Removal—List. (1) To become a responsible buyer, a commercial feed licensee must apply for responsible buyer status
on forms provided by the department. The application must
include:
(a) The name and mailing address of the licensee;
(b) The physical address of the licensee;
(c) The name, contact information, and signature of the
applicant; and
(d) Other information required by the department by
rule.
(2) To be removed from responsible buyer status, the licensee must notify the department in writing. The licensee is
not released from responsible buyer status until the department notifies the licensee in writing of such release.
(3) The department will maintain a current list of all
responsible buyers and make the list available on request.
[2005 c 18 § 5.]
15.53.9015
15.53.9016 Labeling—Required information—
Recordkeeping—Rules. (1) Any commercial feed, except a
customer-formula feed, distributed in this state must be
accompanied by a legible label bearing the following information:
(a) The product name and the brand name, if any, under
which the commercial feed is distributed.
(b) The guaranteed analysis stated in such terms as the
department by rule determines is required to advise the user
of the composition of the feed or to support claims made in
the labeling. In all cases the substances or elements must be
determinable by laboratory methods such as the methods
published by the association of official analytical chemists.
(c) The common or usual name of each ingredient used
in the manufacture of the commercial feed, except as the
department may, by regulation, permit the use of a collective
term for a group of ingredients all of which perform the same
function. An ingredient statement is not required for single
standardized ingredient feeds which are officially defined.
15.53.9016
[Title 15 RCW—page 87]
15.53.9018
Title 15 RCW: Agriculture and Marketing
(d) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed.
(e) Adequate directions for use for all commercial feeds
containing drugs and for all such other commercial feeds as
the department may require by rule as necessary for their safe
and effective use.
(f) Those precautionary statements the department by
rule determines are necessary for the safe and effective use of
the commercial feed.
(g) The net weight as required under chapter 19.94
RCW.
(2) When a commercial feed, except a customer-formula
feed, is distributed in this state in bags or other containers, the
label must be placed on or affixed to the container; when a
commercial feed, except a customer-formula feed, is distributed in bulk the label must accompany delivery and be furnished to the purchaser at time of delivery.
(3) A customer-formula feed must be labeled by shipping document. The shipping document, which is to accompany delivery and be supplied to the purchaser at the time of
delivery, must bear the following information:
(a) Name and address of the manufacturer;
(b) Name and address of the purchaser;
(c) Date of delivery;
(d) Product name and the net weight as required under
chapter 19.94 RCW;
(e) Adequate directions for use for all customer-formula
feeds containing drugs and for such other feeds as the department may require by rule as necessary for their safe and
effective use;
(f) The directions for use and precautionary statements
as required by subsection (1)(e) and (f) of this section; and
(g) If a drug containing product is used:
(i) The purpose of the medication (claim statement);
(ii) The established name of each active drug ingredient
and the level of each drug used in the final mixture expressed
in accordance with rules established by the department.
(4) The product name and quantity statement of each
commercial feed and each other ingredient used in the customer formula feed must be on file at the plant producing the
product. These records must be kept on file for one year after
the last sale. This information must be made available to the
purchaser, the dealer making the sale, and the department on
request. [2005 c 18 § 6; 1995 c 374 § 37; 1965 ex.s. c 31 § 5.]
Additional notes found at www.leg.wa.gov
15.53.9018 Semiannual report required—Inspection
fees—Reports—Late fees—Confidentiality. (1) Every
registrant or licensee must file a semiannual report on forms
provided by the department setting forth the number of tons
of commercial feed distributed in or into this state. The
report must be filed regardless of the amount of feed distributed or inspection fees owed. The report must include:
(a) The name and mailing address of the registrant or licensee;
(b) The physical address of the registrant or licensee;
(c) The name, contact information, and signature of the
person filing the report;
15.53.9018
[Title 15 RCW—page 88]
(d) The total number of tons distributed in or into this
state;
(e) The total number of tons on which the registrant or
licensee is paying;
(f) If the registrant or licensee is not paying inspection
fees on all commercial feed he or she distributed in or into
this state, information regarding the registrants or licensees
that are responsible for paying the inspection fees and the
number of tons involved; and
(g) Other information required by the department by
rule.
(2) Except as provided in subsections (3) through (5) of
this section, each initial distributor or responsible buyer must
pay to the department an inspection fee on all commercial
feed distributed by such person during the reporting period.
The inspection fee must accompany the report required in
subsection (1) of this section. The inspection fee shall be not
less than four cents nor more than twelve cents per ton as prescribed by the department by rule. These fees shall be used
for enforcement and administration of this chapter and its
rules.
(3) The initial distributor is not required to pay an
inspection fee for commercial feed he or she distributed to a
responsible buyer.
(4) In a situation where a responsible buyer is distributing to another responsible buyer, the inspection fee must be
paid by the last responsible buyer to distribute the commercial feed.
(5) The initial distributor or responsible buyer is not
required to pay an inspection fee for: (a) Pet food and specialty pet food distributed in packages weighing less than ten
pounds; (b) distribution of bona fide experimental feeds on
which accurate records and experimental programs are maintained; (c) commercial feed distributed to points outside this
state; and (d) food processing by-products from fruit, vegetable, or potato processing plants, freezing or dehydrating facilities, or juice or jelly preserving plants.
(6) Tonnage will be reported and inspection fees will be
paid on (a) by-products or products of sugar refineries; and
(b) materials used in the preparation of pet foods and specialty pet food.
(7)(a) Each person made responsible by this chapter for
filing a report or paying inspection fees must do so according
to the following schedule:
(i) For the period January 1st through June 30th of each
year, the report and inspection fees are due on July 31st of
that year; and
(ii) For the period July 1st through December 31st of
each year, the report and inspection fees are due on January
31st of the following year.
(b) If a complete report is not received by the due date or
the appropriate inspection fees are not received by the due
date, the person responsible for filing the report or paying the
inspection fee must pay a late fee equal to fifteen percent of
the inspection fee owed or fifty dollars, whichever is greater.
(c) The department may cancel the registration of a person’s commercial feed or may cancel a person’s commercial
feed license if that person fails to pay the late fee. The applicant or licensee may request a hearing as authorized under
chapter 34.05 RCW.
(2010 Ed.)
Commercial Feed
(8) If inspection fees are owed, the minimum inspection
fee is twelve dollars and fifty cents.
(9) For the purpose of verifying the accuracy of reports
and payment of appropriate inspection fees, the department
may examine, at reasonable times, a registrant’s or licensee’s
distribution records and may require each registrant or licensee to maintain records or file additional reports. These
records must be maintained in usable condition by the registrant or licensee for a period of three years unless by rule this
retention period is extended and must be submitted to the
department upon request.
(10) The report required by subsection (1) of this section
shall not be a public record, and any information given in
such report which would reveal the business operation of the
person making the report is exempt from public disclosure
under chapter 42.56 RCW, and information obtained by the
department from other governmental agencies or other
sources that is used to verify information received in the
report is exempt from public disclosure under chapter 42.56
RCW. However, this subsection does not prevent the use of
information concerning the business operation of a person if
any action, suit, or proceeding instituted under the authority
of this chapter, including any civil action for collection of
unpaid inspection fees, which action is hereby authorized and
which shall be as an action at law in the name of the director
of the department.
(11) Any commercial feed obtained by a consumer or
contract feeder outside the jurisdiction of this state and
brought into this state for use is subject to all the provisions
of this chapter, including inspection fees. [2006 c 209 § 2;
2005 c 18 § 7; 1995 c 374 § 38; 1982 c 177 § 3; 1981 c 297 §
17; 1979 c 91 § 1; 1975 1st ex.s. c 257 § 5; 1967 c 240 § 32;
1965 ex.s. c 31 § 6.]
Effective date—2006 c 209: See RCW 42.56.903.
Additional notes found at www.leg.wa.gov
15.53.902
15.53.902 Adulteration—Definition—Unlawful to
distribute. It is unlawful for any person to distribute an adulterated feed. A commercial feed is deemed to be adulterated:
(1) If it bears or contains any poisonous or deleterious
substance which may render it injurious to health; but in case
the substance is not an added substance, such commercial
feed shall not be considered adulterated under this subsection
if the quantity of such substance in such commercial feed
does not ordinarily render it injurious to health; or
(2) If it bears or contains any added poisonous, added
deleterious, or added nonnutritive substance which is unsafe
within the meaning of section 406 of the federal food, drug,
and cosmetic act (other than one which is (a) a pesticide
chemical in or on a raw agricultural commodity; or (b) a food
additive); or
(3) If it is, or it bears, or contains any food additive
which is unsafe within the meaning of section 409 of the federal food, drug, and cosmetic act (21 U.S.C. Sec. 348); or
(4) If it is ruminant feed and is, bears, or contains any
animal protein prohibited in ruminant feed that is unsafe
within the meaning of federal regulations promulgated under
section 409 of the federal food, drug, and cosmetic act (21
U.S.C. Sec. 348); or
(2010 Ed.)
15.53.9022
(5) If it is a raw agricultural commodity and it bears or
contains a pesticide chemical which is unsafe within the
meaning of section 408(a) of the federal food, drug, and cosmetic act: PROVIDED, That where a pesticide chemical has
been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed
under section 408 of the federal food, drug, and cosmetic act
and such raw agricultural commodity has been subjected to
processing such as canning, cooking, freezing, dehydrating,
or milling, the residue of such pesticide chemical remaining
in or on such processed feed shall not be deemed unsafe if
such residue in or on the raw agricultural commodity has
been removed to the extent possible in good manufacturing
practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the
raw agricultural commodity unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe
within the meaning of section 408(a) of the federal food,
drug, and cosmetic act; or
(6) If it is, or it bears or contains any color additive which
is unsafe within the meaning of section 706 of the federal
food, drug, and cosmetic act; or
(7) If it is, or it bears or contains any new animal drug
that is unsafe within the meaning of section 512 of the federal
food, drug, and cosmetic act (21 U.S.C. Sec. 360b); or
(8) If any valuable constituent has been in whole or in
part omitted or abstracted therefrom or any less valuable substance substituted therefor; or
(9) If its composition or quality falls below or differs
from that which it is purported or is represented to possess by
its labeling; or
(10) If it contains a drug and the methods used in or the
facilities or controls used for its manufacture, processing, or
packaging do not conform to current good manufacturing
practice rules adopted by the department to assure that the
drug meets the requirements of this chapter as to safety and
has the identity and strength and meets the quality and purity
characteristics that it purports or is represented to possess. In
adopting such rules, the department shall adopt the current
good manufacturing practice regulations for type A medicated articles and type B and type C medicated feeds established under authority of the federal food, drug, and cosmetic
act, unless the department determines that they are not appropriate to the conditions that exist in this state; or
(11) If it contains viable, prohibited (primary) noxious
weed seeds in excess of one per pound, or if it contains viable, restricted (secondary) noxious weed seeds in excess of
twenty-five per pound. The primary and secondary noxious
weed seeds shall be those as named pursuant to the provisions
of chapter 15.49 RCW and rules adopted thereunder. [2005 c
40 § 1; 1995 c 374 § 39; 1982 c 177 § 4; 1979 c 154 § 2; 1965
ex.s. c 31 § 7.]
Additional notes found at www.leg.wa.gov
15.53.9022 Misbranding—Definition—Unlawful to
distribute. It shall be unlawful for any person to distribute
misbranded feed. A commercial feed shall be deemed to be
misbranded:
(1) If its labeling is false or misleading in any particular;
15.53.9022
[Title 15 RCW—page 89]
15.53.9024
Title 15 RCW: Agriculture and Marketing
(2) If it is distributed under the name of another commercial feed;
(3) If it is not labeled as required in RCW 15.53.9016
and in rules prescribed under this chapter;
(4) If it purports to be or is represented as a commercial
feed, or if it purports to contain or is represented as containing a commercial feed or feed ingredient, unless such commercial feed or feed ingredient conforms to the definition of
identity, if any, prescribed by rule of the department. In the
adopting of such rules the department may consider commonly accepted definitions such as those issued by nationally
recognized associations or groups of feed control officials;
(5) If any word, statement, or other information required
by or under authority of this chapter to appear on the label or
labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements,
designs, or devices, in the labeling) and in such terms as to
render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use;
(6) If its composition or quality falls below or differs
from that which it is purported or is represented to possess by
its labeling. [1995 c 374 § 40; 1965 ex.s. c 31 § 8.]
Additional notes found at www.leg.wa.gov
15.53.9024 Inspections of facilities, vehicles, equipment, etc.—Verification of records and procedures—
Notice—Official samples—Warrants authorized. (1) For
the purpose of enforcement of this chapter, and in order to
determine whether its provisions have been complied with,
including whether an operation is subject to such provisions,
inspectors duly designated by the director, upon presenting
appropriate credentials, and a written notice to the owner,
operator, or agent in charge, are authorized (a) to enter, during normal business hours, any facility within the state in
which commercial feeds are manufactured, transloaded, processed, packed, distributed, or held for distribution, or to
enter a vehicle being used to transport or hold such feeds; and
(b) to inspect at reasonable times and within reasonable limits
and in a reasonable manner, the facilities, or vehicles and all
pertinent equipment, finished and unfinished materials, containers, labeling, and records. The inspection may include
the verification of only such records, and production and control procedures as may be necessary to determine compliance
with this chapter and its rules.
(2) A separate notice shall be given for each such inspection, but a notice is not required for each entry made during
the period covered by the inspection. Each such inspection
shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in
charge of the facility or vehicle shall be so notified.
(3) If the inspector or employee making such inspection
of a facility or vehicle has obtained a sample in the course of
the inspection, upon completion of the inspection and prior to
leaving the premises, he or she shall give to the owner, operator, or agent in charge, a receipt describing the samples
obtained.
(4) If the owner of a facility or vehicle described in subsection (1) of this section, or his or her agent, refuses to admit
the director or his or her agent to inspect in accordance with
subsections (1) and (2) of this section, the director or his or
15.53.9024
[Title 15 RCW—page 90]
her agent is authorized to obtain from any court of competent
jurisdiction a warrant directing such owner or his or her agent
to submit the premises described in the warrant to inspection.
(5) For the enforcement of this chapter, the director or
his or her duly assigned agent is authorized to enter upon any
public or private premises including any vehicle of transport
during regular business hours to have access to, and to obtain
samples, and to examine records relating to distribution of
commercial feeds.
(6) Sampling and analysis shall be conducted in accordance with methods published by the association of official
analytical chemists, or in accordance with other generally
recognized methods.
(7) The results of all analyses of official samples shall be
forwarded by the department to the person named on the label
and to the purchaser, if known. If the inspection and analysis
of an official sample indicates a commercial feed has been
adulterated or misbranded and upon request within thirty
days following the receipt of the analysis, the department
shall furnish to the registrant or licensee a portion of the sample concerned. If referee analysis is requested, a portion of
the official sample shall be furnished by the department and
shall be sent directly to an independent lab agreed to by all
parties.
(8) The department, in determining for administrative
purposes whether a feed is deficient in any component, shall
be guided solely by the official sample as defined in RCW
15.53.901(20) and obtained and analyzed as provided for in
this section.
(9) Analysis of an official sample by the department
shall be accepted as prima facie evidence by any court of
competent jurisdiction. [2005 c 18 § 8; 1995 c 374 § 41; 1965
ex.s. c 31 § 9.]
Prosecutions, official analysis as evidence: RCW 15.53.904.
Additional notes found at www.leg.wa.gov
15.53.9038 Department’s remedies for noncompliance—"Withdrawal from distribution" order—Condemnation—Seizure. (1) When the department has reasonable
cause to believe that any lot of commercial feed is adulterated
or misbranded or is being distributed in violation of this chapter or any rules hereunder it may issue and enforce a written
or printed "withdrawal from distribution" order, or "stop
sale" order, warning the distributor not to dispose of the lot of
feed in any manner until written permission is given by the
department. The department shall release the lot of commercial feed so withdrawn when the provisions and rules have
been complied with. If compliance is not obtained within
thirty days, parties may agree to an alternative disposition in
writing or the department may institute condemnation proceedings in a court of competent jurisdiction.
(2) Any lot of commercial feed not in compliance with
the provisions and rules is subject to seizure on complaint of
the department to a court of competent jurisdiction in the area
in which the commercial feed is located. If the court finds the
commercial feed to be in violation of this chapter and orders
the condemnation of the commercial feed, it shall be disposed
of in any manner consistent with the quality of the commercial feed and the laws of the state. The court shall first give
the claimant an opportunity to apply to the court for release of
15.53.9038
(2010 Ed.)
Fertilizers, Minerals, and Limes
the commercial feed or for permission to process or relabel
the commercial feed to bring it into compliance with this
chapter. [1995 c 374 § 42; 1982 c 177 § 5; 1975 1st ex.s. c
257 § 7; 1965 ex.s. c 31 § 16.]
Additional notes found at www.leg.wa.gov
Chapter 15.54
deposited in an account within the agricultural local fund.
Such deposits shall be used only in the administration and
enforcement of this chapter. [2005 c 18 § 9; 1988 c 254 § 5;
1975 1st ex.s. c 257 § 8; 1965 ex.s. c 31 § 19.]
Additional notes found at www.leg.wa.gov
15.53.904 Department’s remedies for noncompliance—Classification of crimes—Prosecutions—Injunctions. (1) Any person convicted of violating any of the provisions of this chapter or the rules and regulations issued
thereunder or who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the department in the performance of its duty in connection with the provisions of this
chapter, shall be adjudged guilty of a misdemeanor as provided in RCW 9A.20.021. In all prosecutions under this
chapter involving the composition of a lot of commercial
feed, a certified copy of the official analysis signed by the
department shall be accepted as prima facie evidence of the
composition.
(2) Any person convicted of intentionally violating
RCW 15.53.902(4) or the rules issued thereunder is guilty of
a gross misdemeanor as provided in RCW 9A.20.021.
(3) Nothing in this chapter shall be construed as requiring the department to report for prosecution or for the institution of seizure proceedings as a result of minor violations of
this chapter when it believes that the public interest will be
best served by a suitable notice of warning in writing.
(4) It shall be the duty of each prosecuting attorney to
whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent
jurisdiction without delay. Before the department reports a
violation for such prosecution, an opportunity shall be given
the distributor to present the distributor’s view in writing or
orally to the department.
(5) The department is hereby authorized to apply for and
the court to grant a temporary or permanent injunction
restraining any person from violating or continuing to violate
any of the provisions of this chapter or any rule or regulation
promulgated under this chapter notwithstanding the existence
of other remedies at law. Said injunction to be issued without
bond. [2005 c 40 § 2; 1965 ex.s. c 31 § 17.]
15.53.9046 Cooperation with other entities. The
director may cooperate with and enter into agreements with
governmental agencies of this state, other states, agencies of
the federal government and private associations in order to
carry out the purpose and provisions of this chapter. [1965
ex.s. c 31 § 24.]
Analysis of official sample as evidence: RCW 15.53.9024.
15.54.370
15.53.904
15.53.9042 Department to publish distribution information, production data, and analyses comparison. The
department shall publish at least annually, in such forms as it
may deem proper, information concerning the distribution of
commercial feed, together with such data on their production
and use as it may consider advisable, and a report of the
results of the analyses of official samples of commercial feed
within the state as compared with the analyses guaranteed on
the label or as calculated from the invoice data for customerformula feeds: PROVIDED, That the information concerning production and use of commercial feeds shall not disclose
the operations of any person. [1995 c 374 § 43; 1965 ex.s. c
31 § 18.]
15.53.9046
15.53.9048 Chapter is cumulative. The provisions of
this chapter shall be cumulative and nonexclusive and shall
not affect any other remedy. [1965 ex.s. c 31 § 20.]
15.53.9048
15.53.9054 Severability—1965 ex.s. c 31. If any section or provision of this act shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the act as a whole or any section, provision, or part
thereof, not adjudged invalid or unconstitutional. [1965 ex.s.
c 31 § 27.]
15.53.9054
15.53.9056 Short title. This chapter shall be known as
the "Washington Commercial Feed Law." [1965 ex.s. c 31 §
1.]
15.53.9056
Chapter 15.54 RCW
FERTILIZERS, MINERALS, AND LIMES
Chapter 15.54
Sections
15.54.265
15.54.270
15.54.275
15.54.325
15.54.330
15.54.340
15.54.350
15.54.362
15.54.380
15.53.9042
Additional notes found at www.leg.wa.gov
15.53.9044 Disposition of moneys. All moneys collected under this chapter shall be paid to the director and
15.53.9044
(2010 Ed.)
15.54.390
15.54.400
15.54.412
15.54.414
15.54.420
15.54.430
15.54.433
15.54.436
15.54.440
15.54.450
15.54.460
15.54.470
15.54.474
15.54.480
15.54.490
15.54.800
Intent—1998 c 36.
Definitions.
Bulk fertilizer distribution license.
Commercial fertilizer registration—Required for distribution—Application—Fees.
Commercial fertilizer registration—Application review—
Labels and guarantees.
Labeling requirements.
Inspection fees.
Reports—Inspection fees—Late fees—Confidentiality—Penalty—Exception.
Official samples—Inspection, analysis, testing—Right of
entry.
Penalties for deficiencies upon analysis of commercial fertilizers—Appeal—Disposition of penalties.
Determination and publication of commercial values—Use in
assessment of penalty payments.
Restrictions on sale—Minimum percentages.
Misbranding.
Adulteration.
Unlawful acts.
Publication of distribution information, analyses results.
Fertilizer database—Public availability—Biennial report to
legislature.
Cancellation of license to distribute or of registration—
Refusal to register if fraudulent or deceptive practices
used—Opportunity for hearing.
"Stop sale," "stop use," or "withdrawal from distribution"
order, when issued—Release—Associated costs.
Noncompliance—Seizure—Disposition—Associated costs.
Damages from administrative action, stop sales or seizures.
Violations—Department discretion—Duty of prosecuting
attorney—Injunctions.
Penalty—Failure to comply with chapter or rule.
Disposition of moneys.
Cooperation with other entities.
Enforcement of chapter—Adoption of rules.
[Title 15 RCW—page 91]
15.54.265
15.54.820
15.54.910
15.54.930
15.54.940
15.54.950
15.54.960
Title 15 RCW: Agriculture and Marketing
Department of ecology—Waste-derived or micronutrient fertilizer—Standards—Written decision—Appeal of decision.
Prior liability preserved.
Effective date—1967 ex.s. c 22.
Continuation of rules adopted pursuant to repealed sections.
Short title.
Severability—1967 ex.s. c 22.
Crop liens: Chapter 60.11 RCW.
15.54.265 Intent—1998 c 36. (1) The legislature
intends to strengthen the state’s fertilizer adulteration laws to
protect human health and the environment by:
(a) Ensuring that all fertilizers meet standards for allowable metals;
(b) Allowing fertilizer purchasers and users to know
about the contents of fertilizer products; and
(c) Clarifying the department of ecology’s oversight
authority over waste-derived fertilizers.
(2) The legislature intends to provide better information
to the public on fertilizers, soils, and potential health effects
by authorizing additional studies on plant uptake of metals
and levels of dioxins in soils and products. [1998 c 36 § 1.]
15.54.265
Additional notes found at www.leg.wa.gov
15.54.270 Definitions. Terms used in this chapter have
the meaning given to them in this chapter unless the context
clearly indicates otherwise.
(1) "Brand" means a term, design, or trademark used in
connection with the distribution and sale of one or more
grades of commercial fertilizers.
(2) "Bulk fertilizer" means commercial fertilizer distributed in a nonpackaged form such as, but not limited to, tote
bags, tote tanks, bins, tanks, trailers, spreader trucks, and railcars.
(3) "Calcium carbonate equivalent" means the acid-neutralizing capacity of an agricultural liming material expressed
as a weight percentage of calcium carbonate.
(4) "Commercial fertilizer" means a substance containing one or more recognized plant nutrients and that is used for
its plant nutrient content or that is designated for use or
claimed to have value in promoting plant growth, and shall
include limes, gypsum, and manipulated animal and vegetable manures. It does not include unmanipulated animal and
vegetable manures, organic waste-derived material, and other
products exempted by the department by rule.
(5) "Composting" means the controlled aerobic degradation of organic waste materials. Natural decay of organic
waste under uncontrolled conditions is not composting.
(6) "Customer-formula fertilizer" means a mixture of
commercial fertilizer or materials of which each batch is
mixed according to the specifications of the final purchaser.
(7) "Department" means the department of agriculture of
the state of Washington or its duly authorized representative.
(8) "Director" means the director of the department of
agriculture.
(9) "Distribute" means to import, consign, manufacture,
produce, compound, mix, or blend commercial fertilizer, or
to offer for sale, sell, barter, exchange, or otherwise supply
commercial fertilizer in this state.
(10) "Distributor" means a person who distributes.
(11) "Fertilizer material" means a commercial fertilizer
that either:
15.54.270
[Title 15 RCW—page 92]
(a) Contains important quantities of no more than one of
the primary plant nutrients: Nitrogen, phosphate, and potash;
(b) Has eighty-five percent or more of its plant nutrient
content present in the form of a single chemical compound;
or
(c) Is derived from a plant or animal residue or by-product or natural material deposit that has been processed in such
a way that its content of plant nutrients has not been materially changed except by purification and concentration.
(12) "Grade" means the percentage of total nitrogen,
available phosphoric acid, and soluble potash stated in whole
numbers in the same terms, order, and percentages as in the
"guaranteed analysis," unless otherwise allowed by a rule
adopted by the department. Specialty fertilizers may be guaranteed in fractional units of less than one percent of total
nitrogen, available phosphorus or phosphoric acid, and soluble potassium or potash. Fertilizer materials, bone meal,
manures, and similar materials may be guaranteed in fractional units.
(13) "Guaranteed analysis."
(a) Until the director prescribes an alternative form of
"guaranteed analysis" by rule the term "guaranteed analysis"
shall mean the minimum percentage of plant nutrients
claimed in the following order and form:
Total nitrogen (N)
..............
Available phosphoric acid (P2O5)
....
Soluble potash (K2O)
.............
percent
percent
percent
The percentage shall be stated in whole numbers unless
otherwise allowed by the department by rule.
The "guaranteed analysis" may also include elemental
guarantees for phosphorus (P) and potassium (K).
(b) For unacidulated mineral phosphatic material and
basic slag, bone, tankage, and other organic phosphatic materials, the total phosphoric acid or degree of fineness may also
be guaranteed.
(c) Guarantees for plant nutrients other than nitrogen,
phosphorus, and potassium shall be as allowed or required by
rule of the department. The guarantees for such other nutrients shall be expressed in the form of the element.
(d) The guaranteed analysis for limes shall include the
percentage of calcium or magnesium expressed as their carbonate; the calcium carbonate equivalent as determined by
methods prescribed by the association of official analytical
chemists; and the minimum percentage of material that will
pass respectively a one hundred mesh, sixty mesh, and ten
mesh sieve. The mesh size declaration may also include the
percentage of material that will pass additional mesh sizes.
(e) In commercial fertilizer, the principal constituent of
which is calcium sulfate (gypsum), the percentage of calcium
sulfate (CaSO4.2H2O) shall be given along with the percentage of total sulfur.
(14) "Imported fertilizer" means any fertilizer distributed
into Washington from any other state, province, or country.
(15) "Label" means the display of all written, printed, or
graphic matter, upon the immediate container, or a statement
accompanying a fertilizer.
(16) "Labeling" includes all written, printed, or graphic
matter, upon or accompanying a commercial fertilizer, or
advertisement, brochures, posters, television, and radio
announcements used in promoting the sale of such fertilizer.
(2010 Ed.)
Fertilizers, Minerals, and Limes
(17) "Licensee" means the person who receives a license
to distribute a commercial fertilizer under the provisions of
this chapter.
(18) "Lime" means a substance or a mixture of substances, the principal constituent of which is calcium or magnesium carbonate, hydroxide, or oxide, singly or combined.
(19) "Manipulation" means processed or treated in any
manner, including drying to a moisture content less than
thirty percent.
(20) "Manufacture" means to compound, produce, granulate, mix, blend, repackage, or otherwise alter the composition of fertilizer materials.
(21) "Micronutrients" are: Boron; chlorine; cobalt; copper; iron; manganese; molybdenum; sodium; and zinc.
(22) "Micronutrient fertilizer" means a produced or
imported commercial fertilizer that contains commercially
valuable concentrations of micronutrients but does not contain commercially valuable concentrations of nitrogen, phosphoric acid, available phosphorus, potash, calcium, magnesium, or sulfur.
(23) "Official sample" means a sample of commercial
fertilizer taken by the department and designated as "official"
by the department.
(24) "Organic waste-derived material" means grass clippings, leaves, weeds, bark, plantings, prunings, and other
vegetative wastes, uncontaminated wood waste from logging
and milling operations, food wastes, food processing wastes,
and materials derived from these wastes through composting.
"Organic waste-derived material" does not include products
that include biosolids.
(25) "Packaged fertilizer" means commercial fertilizers,
either agricultural or specialty, distributed in nonbulk form.
(26) "Person" means an individual, firm, brokerage, partnership, corporation, company, society, or association.
(27) "Percent" or "percentage" means the percentage by
weight.
(28) "Produce" means to compound or fabricate a commercial fertilizer through a physical or chemical process, or
through mining. "Produce" does not include mixing, blending, or repackaging commercial fertilizer products.
(29) "Registrant" means the person who registers commercial fertilizer under the provisions of this chapter.
(30) "Specialty fertilizer" means a commercial fertilizer
distributed primarily for nonfarm use, such as, but not limited
to, use on home gardens, lawns, shrubbery, flowers, golf
courses, municipal parks, cemeteries, greenhouses, and nurseries.
(31) "Ton" means the net weight of two thousand pounds
avoirdupois.
(32) "Total nutrients" means the sum of the percentages
of total nitrogen, available phosphoric acid, and soluble potash as guaranteed and as determined by analysis.
(33) "Washington application rate" is calculated by using
an averaging period of up to four consecutive years that
incorporates agronomic rates that are representative of soil,
crop rotation, and climatic conditions in Washington state.
(34) "Waste-derived fertilizer" means a commercial fertilizer that is derived in whole or in part from solid waste as
defined in chapter 70.95 or 70.105 RCW, or rules adopted
thereunder, but does not include fertilizers derived from biosolids or biosolids products regulated under chapter 70.95J
(2010 Ed.)
15.54.325
RCW or wastewaters regulated under chapter 90.48 RCW.
[1998 c 36 § 2; 1997 c 427 § 1; 1993 c 183 § 1; 1987 c 45 §
1; 1967 ex.s. c 22 § 1.]
Additional notes found at www.leg.wa.gov
15.54.275 Bulk fertilizer distribution license. (1) No
person may distribute a bulk fertilizer in this state until a
license to distribute has been obtained by that person. An
annual license is required for each out-of-state or in-state
location that distributes bulk fertilizer in Washington state.
An application for each location shall be filed on forms provided by the master license system and shall be accompanied
by an annual fee of twenty-five dollars per location. The
license shall expire on the master license expiration date.
(2) An application for license shall include the following:
(a) The name and address of licensee.
(b) Any other information required by the department by
rule.
(3) The name and address shown on the license shall be
shown on all labels, pertinent invoices, and storage facilities
for fertilizer distributed by the licensee in this state.
(4) If an application for license renewal provided for in
this section is not filed prior to the master license expiration
date, a delinquency fee of twenty-five dollars shall be
assessed and added to the original fee and shall be paid by the
applicant before the renewal license shall be issued. The
assessment of this delinquency fee shall not prevent the
department from taking any other action as provided for in
this chapter. The penalty shall not apply if the applicant furnishes an affidavit that he or she has not distributed this commercial fertilizer subsequent to the expiration of his or her
prior license. [1998 c 36 § 3; 1993 c 183 § 2.]
15.54.275
Additional notes found at www.leg.wa.gov
15.54.325 Commercial fertilizer registration—
Required for distribution—Application—Fees. (1) No
person may distribute in this state a commercial fertilizer
until it has been registered with the department by the producer, importer, or packager of that product.
(2) An application for registration must be made on a
form furnished by the department and must include the following:
(a) The product name;
(b) The brand and grade;
(c) The guaranteed analysis;
(d) Name, address, and phone number of the registrant;
(e) A label for each product being registered;
(f) Identification of those products that are (i) wastederived fertilizers, (ii) micronutrient fertilizers, or (iii) fertilizer materials containing phosphate;
(g) The concentration of each metal, for which standards
are established under RCW 15.54.800, in each product being
registered, unless the product is (i) anhydrous ammonia or a
solution derived solely from dissolving anhydrous ammonia
in water, (ii) a customer-formula fertilizer containing only
registered commercial fertilizers, or (iii) a packaged commercial fertilizer whose plant nutrient content is present in the
form of a single chemical compound which is registered in
compliance with this chapter and the product is not blended
15.54.325
[Title 15 RCW—page 93]
15.54.330
Title 15 RCW: Agriculture and Marketing
with any other material. The provisions of (g)(i) of this subsection do not apply if the anhydrous ammonia is derived in
whole or in part from waste such that the fertilizer is a
"waste-derived fertilizer" as defined in RCW 15.54.270.
Verification of a registration relied on by an applicant under
(g)(iii) of this subsection must be submitted with the application;
(h) If a waste-derived fertilizer or micronutrient fertilizer, information to ensure the product complies with chapter
70.105 RCW and the resource conservation and recovery act,
42 U.S.C. Sec. 6901 et seq.; and
(i) Any other information required by the department by
rule.
(3) All companies planning to mix customer-formula
fertilizers shall include the statement "customer-formula
grade mixes" under the column headed "product name" on
the product registration application form. All customer-formula fertilizers sold under one brand name shall be considered one product.
(4) Registrations are issued by the department for a twoyear period beginning on July 1st of a given year and ending
twenty-four months later on July 1st, except that registrations
issued to a registrant who applies to register an additional
product during the last twelve months of the registrant’s
period expire on the next July 1st.
(5) An application for registration must be accompanied
by a fee of fifty dollars for each product.
(6) Application for renewal of registration is due July 1st
of each registration period. If an application for renewal is
not received by the department by the due date, a late fee of
ten dollars per product is added to the original fee and must
be paid by the applicant before the renewal registration may
be issued. A late fee does not apply if the applicant furnishes
an affidavit that he or she has not distributed this commercial
fertilizer subsequent to the expiration of the prior registration.
Payment of a late fee does not prevent the department from
taking any action authorized by this chapter for the violation.
[2008 c 292 § 1. Prior: 1999 c 383 § 1; 1999 c 382 § 1; 1998
c 36 § 4; 1993 c 183 § 3.]
Additional notes found at www.leg.wa.gov
15.54.330 Commercial fertilizer registration—Application review—Labels and guarantees. (1) The department shall examine the commercial fertilizer product registration application form and labels for conformance with the
requirements of this chapter. If the application and appropriate labels are in proper form and contain the required information, the particular commercial fertilizer products shall be
registered by the department and a certificate of registration
shall be issued to the applicant.
(2) In reviewing the commercial fertilizer product registration application, the department may consider experimental data, manufacturers’ evaluations, data from agricultural
experiment stations, product review evaluations, or other
authoritative sources to substantiate labeling claims. The data
shall be from statistically designed and analyzed trials representative of the soil, crops, and climatic conditions found in
the northwestern area of the United States.
(3) In determining whether approval of a labeling statement or guarantee of an ingredient is appropriate, the depart15.54.330
[Title 15 RCW—page 94]
ment may require the submission of a written statement
describing the methodology of laboratory analysis utilized,
the source of the ingredient material, and any reference material relied upon to support the label statement or guarantee of
ingredient.
(4) Before registering a waste-derived fertilizer or
micronutrient fertilizer, the department shall obtain written
approval from the department of ecology as provided in
RCW 15.54.820. Once a waste-derived fertilizer or micronutrient fertilizer has been approved by the department of ecology, its subsequent use in another product during that registration cycle shall not require department of ecology review.
This subsection shall apply to new and renewal registration
applications for periods beginning July 1, 1999, and thereafter. [1999 c 383 § 2; 1998 c 36 § 5; 1993 c 183 § 4; 1967 ex.s.
c 22 § 21.]
Additional notes found at www.leg.wa.gov
15.54.340 Labeling requirements. (1) Any packaged
commercial fertilizer distributed in this state that is not a customer-formula fertilizer must have placed on or affixed to the
package a label stating in clearly legible and conspicuous
form the following information:
(a) The net weight;
(b) The product name, brand, and grade. The grade is
not required if no primary nutrients are claimed;
(c) The guaranteed analysis;
(d) The name and address of the registrant or licensee.
The name and address of the manufacturer, if different from
the registrant or licensee, may also be stated;
(e) Any information required under WAC 296-307-560
through 296-307-56050;
(f) A statement, established by rule, referring persons to
the department’s Uniform Resource Locator (URL) internet
address where data regarding the metals content of the product is located; and
(g) Other information as required by the department by
rule.
(2) Any commercial fertilizer that is distributed in bulk
in this state that is not a customer-formula fertilizer must be
accompanied by a written or printed statement that includes
the information required by subsection (1) of this section and
must be supplied to the purchaser at the time of delivery.
(3) Each delivery of a customer-formula fertilizer in this
state must be accompanied by either a statement, invoice, a
delivery slip, or a label if bagged, containing the following
information: The net weight; the brand; the name and
amount of each ingredient; the guaranteed analysis which
may be stated to the nearest tenth of a percent or to the next
lower whole number; the name and address of the registrant
or licensee, or manufacturer, or both; and the name and
address of the purchaser.
(4) Each delivery of a customer-formula fertilizer must
contain the ingredients specified by the purchaser. A record
of the invoice or statement of each delivery must be kept by
the registrant or licensee for twelve months and must be
available to the department upon request. [2008 c 292 § 2;
2003 c 15 § 1; 1999 c 381 § 1; 1998 c 36 § 6; 1993 c 183 § 5;
1987 c 45 § 12; 1967 ex.s. c 22 § 22.]
15.54.340
Effective date—2003 c 15 § 1: "Section 1 of this act takes effect January 1, 2004." [2003 c 15 § 2.]
(2010 Ed.)
Fertilizers, Minerals, and Limes
Additional notes found at www.leg.wa.gov
15.54.350 Inspection fees. (1) There shall be paid to
the department for all commercial fertilizers distributed in
this state to nonregistrants or nonlicensees an inspection fee
of fifteen cents per ton of lime and thirty cents per ton of all
other commercial fertilizer distributed during the year beginning July 1st and ending June 30th.
(2) Distribution of commercial fertilizers for shipment to
points outside this state may be excluded.
(3) When more than one distributor is involved in the
distribution of a commercial fertilizer, the last registrant or
licensee who distributes to a nonregistrant or nonlicensee is
responsible for paying the inspection fee, unless the payment
of fees has been made by a prior distributor of the fertilizer.
[1993 c 183 § 6; 1987 c 45 § 13; 1981 c 297 § 18; 1975 1st
ex.s. c 257 § 9; 1967 ex.s. c 22 § 23.]
15.54.350
Additional notes found at www.leg.wa.gov
15.54.362 Reports—Inspection fees—Late fees—
Confidentiality—Penalty—Exception. (1) Every registrant
or licensee who distributes commercial fertilizer in this state
must file a semiannual report on forms provided by the
department stating the number of net tons of each commercial fertilizer distributed in this state.
(a) For the period January 1st through June 30th of each
year, the report is due on July 31st of that year; and
(b) For the period July 1st through December 31st of
each year, the report is due on January 31st of the following
year.
Upon permission of the department, a person distributing in
the state less than one hundred tons for each six-month period
during any annual reporting period of July 1st through June
30th may submit an annual report on a form provided by the
department that is due on the July 31st following the period.
The department may accept sales records or other records
accurately reflecting the tonnage sold and verifying such
reports.
(2) Each person responsible for the payment of inspection fees for commercial fertilizer distributed in this state
must include the inspection fees with each semiannual or
annual report. If in an annual reporting period a registrant or
licensee distributes less than eighty-three tons of commercial
fertilizer or less than one hundred sixty-seven tons of commercial lime or equivalent combination of the two, the registrant or licensee must pay the minimum inspection fee of
twenty-five dollars.
(3) The department may, upon request, require registrants or licensees to furnish information setting forth the net
tons of commercial fertilizer distributed to each location in
this state.
(4)(a) If a complete report is not received by the due
date, the person responsible for filing the report must pay a
late fee of twenty-five dollars.
(b) If the appropriate inspection fees are not received by
the due date, the person responsible for paying the inspection
fee must pay a late fee equal to ten percent of the inspection
fee owed or twenty-five dollars, whichever is greater.
(c) Payment of a late fee does not prevent the department
from taking any other action authorized by this chapter for
the violation.
15.54.362
(2010 Ed.)
15.54.380
(5) It is a misdemeanor for any person to divulge any
information provided under this section that would reveal the
business operation of the person making the report. However, nothing contained in this subsection may be construed
to prevent or make unlawful the use of information concerning the business operations of a person in any action, suit, or
proceeding instituted under the authority of this chapter,
including any civil action for the collection of unpaid inspection fees, which action is authorized and which shall be as an
action at law in the name of the director of the department.
[2008 c 292 § 3; 1993 c 183 § 7; 1987 c 45 § 14.]
Additional notes found at www.leg.wa.gov
15.54.370 Official samples—Inspection, analysis,
testing—Right of entry. (1) It shall be the duty of the
department to inspect, sample, make analysis of, and test
commercial fertilizers distributed within this state at such
time and place and to such an extent as it may deem necessary
to determine whether such fertilizers are in compliance with
the provisions of this chapter. The department is authorized
to stop any commercial vehicle transporting fertilizers on the
public highways and direct it to the nearest scales approved
by the department to check weights of fertilizers being delivered. The department is also authorized, upon presentation of
proper identification, to enter any distributor’s premises,
including any vehicle of transport, at all reasonable times in
order to have access to commercial fertilizers and to records
relating to their distribution.
(2) The methods of sampling and analysis shall be those
adopted by the department from officially recognized
sources.
(3) The department, in determining for administrative
purposes whether a fertilizer is deficient in any component or
total nutrients, shall be guided solely by the official sample as
defined in RCW 15.54.270 and obtained and analyzed as provided for in this section.
(4) When the inspection and analysis of an official sample has been made, the results of analysis shall be forwarded
by the department to the registrant or licensee and to the purchaser, if known. Upon request and within thirty days, the
department shall furnish to the registrant or licensee a portion
of the sample concerned.
(5) Analysis of an official sample by the department
shall be accepted as prima facie evidence by any court of
competent jurisdiction. [1993 c 183 § 8; 1987 c 45 § 16; 1967
ex.s. c 22 § 25.]
15.54.370
Additional notes found at www.leg.wa.gov
15.54.380 Penalties for deficiencies upon analysis of
commercial fertilizers—Appeal—Disposition of penalties. (1) If the analysis shall show that any commercial fertilizer falls short of the guaranteed analysis in any one plant
nutrient or in total nutrients, penalty shall be assessed in favor
of the department in accordance with the following provisions:
(a) A penalty of three times the commercial value of the
deficiency, if such deficiency in any one plant nutrient is
more than two percent under guarantee on any one commercial fertilizer in which that plant nutrient is guaranteed up to
and including ten percent; a penalty of three times the com15.54.380
[Title 15 RCW—page 95]
15.54.390
Title 15 RCW: Agriculture and Marketing
mercial value of the deficiency, if such deficiency in any one
plant nutrient is more than three percent under guarantee on
any one commercial fertilizer in which that plant nutrient is
guaranteed from ten and one-tenth percent to twenty percent;
a penalty of three times the commercial value of the deficiency, if such deficiency in any one plant nutrient is more
than four percent under guarantee on any one commercial fertilizer in which that plant nutrient is guaranteed twenty and
one-tenth percent and above.
(b) A penalty of three times the commercial value of the
total nutrient deficiency shall be assessed when such deficiency is more than two percent under the calculated total
nutrient guarantee.
(c) When a commercial fertilizer is subject to penalty
under both (a) and (b) of this subsection, only the larger penalty shall be assessed.
(2) All penalties assessed under this section on any one
commercial fertilizer, represented by the sample analyzed,
shall be paid to the department within three months after the
date of notice from the department to the registrant or licensee. The department shall deposit the amount of the penalty
into an account with the agricultural local fund.
(3) Nothing contained in this section shall prevent any
person from appealing to a court of competent jurisdiction for
a judgment as to the justification of such penalties imposed
under subsections (1) and (2) of this section.
(4) The civil penalties payable in subsections (1) and (2)
of this section shall in no manner be construed as limiting the
consumer’s right to bring a civil action in damage against the
registrant or licensee paying said civil penalties. [1998 c 36
§ 7; 1993 c 183 § 9; 1987 c 45 § 17; 1967 ex.s. c 22 § 26.]
Additional notes found at www.leg.wa.gov
15.54.390 Determination and publication of commercial values—Use in assessment of penalty payments. For
the purpose of determining the commercial value to be
applied under the provisions of RCW 15.54.380, the department shall determine and publish the values per unit of nitrogen, available phosphoric acid, and soluble potash in commercial fertilizers in this state. The values so determined and
published shall be used in determining and assessing penalty
payments and shall be established by rule. [1987 c 45 § 18;
1967 ex.s. c 22 § 27.]
15.54.390
Additional notes found at www.leg.wa.gov
15.54.400 Restrictions on sale—Minimum percentages. No superphosphate containing less than eighteen percent of available phosphoric acid may be sold or offered for
sale in this state. Specialty fertilizers, except manipulated
animal and vegetable manures, guaranteeing less than five
percent total plant food shall contain on the label specific
directions for use, and prior to registration, the department
may require proof of the efficacy of the product when used as
directed. [1987 c 45 § 19; 1967 ex.s. c 22 § 28.]
15.54.400
Additional notes found at www.leg.wa.gov
15.54.412 Misbranding. No person may distribute
misbranded commercial fertilizer. A commercial fertilizer
shall be deemed to be misbranded:
15.54.412
[Title 15 RCW—page 96]
(1) If its labeling bears any statement, design, or graphic
representation relative thereto or to its ingredients which is
false or misleading in any particular;
(2) If it is distributed under the name of another fertilizer
product;
(3) If its labeling bears any reference to registration
under this chapter unless such reference is required by rule
under this chapter;
(4) If any word, statement, or other information, required
by this chapter or rules adopted thereunder to appear on the
label or labeling, is not prominently placed thereon with such
conspicuousness (as compared with other words, statements,
design, or graphic matter in the labeling), and in such terms
as to render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use;
or
(5) If it purports to be or is represented as a fertilizer, or
is represented as containing a plant nutrient or fertilizer
unless such plant nutrient or fertilizer conforms to the definition of identity, if any, prescribed by the department by rule.
In adopting such rules the department shall give due regard to
commonly accepted definitions and official fertilizer terms
such as those issued by the association of American plant
food control officials. [1987 c 45 § 20.]
Additional notes found at www.leg.wa.gov
15.54.414 Adulteration. No person may distribute an
adulterated commercial fertilizer. A commercial fertilizer is
adulterated:
(1) If it contains any deleterious or harmful substance in
sufficient amount to render it injurious to beneficial plant life
when applied in accordance with directions for use on the
label, or if adequate warning statements or directions for use
which may be necessary to protect plant life are not shown
upon the label;
(2) If its composition falls below or differs from that
which it is purported to possess by its labeling;
(3) If it contains unwanted viable seed; or
(4) If the concentration of any nonnutritive constituent in
a representative sample of commercial fertilizer exceeds the
maximum concentration stated on the registration application
or on the label. [1998 c 36 § 8; 1993 c 183 § 10; 1987 c 45 §
21.]
15.54.414
Additional notes found at www.leg.wa.gov
15.54.420 Unlawful acts. It shall be unlawful for any
person to:
(1) Distribute an adulterated or misbranded commercial
fertilizer;
(2) Fail, refuse, or neglect to place upon or attach to each
package of distributed commercial fertilizer a label containing all of the information required by this chapter;
(3) Fail, refuse, or neglect to deliver to a purchaser of
bulk commercial fertilizer a statement containing the information required by this chapter;
(4) Distribute a commercial fertilizer product which has
not been registered with the department;
(5) Distribute bulk fertilizer without holding a license to
do so;
15.54.420
(2010 Ed.)
Fertilizers, Minerals, and Limes
(6) Refuse or neglect to keep and maintain records, or to
make reports when and as required; or
(7) Make false or fraudulent applications, records,
invoices, or reports. [1998 c 36 § 9; 1993 c 183 § 11; 1987 c
45 § 22; 1967 ex.s. c 22 § 30.]
Additional notes found at www.leg.wa.gov
15.54.430 Publication of distribution information,
analyses results. The department shall publish at least annually and in such form as it may deem proper (1) information
concerning the distribution of commercial fertilizers and (2)
results of analyses based on official samples as compared
with the analyses guaranteed. [1967 ex.s. c 22 § 31.]
15.54.430
15.54.433 Fertilizer database—Public availability—
Biennial report to legislature. (1) The department shall
maintain a fertilizer database that includes the information
required for registration under RCW 15.54.325 and
15.54.330.
(2) Except for confidential information under RCW
15.54.362 regarding fertilizer tonnages distributed in the
state, information in the fertilizer database must be made
available to the public upon request.
(3) The department, and the department of ecology in
consultation with the department of health, shall biennially
prepare a report to the legislature presenting information on
levels of nonnutritive substances in fertilizers and the results
of any agency testing of products. The first report must be
provided to the legislature by December 1, 1999.
(4) The department shall post on the internet the information contained in applications for fertilizer registration.
[2008 c 292 § 4; 1998 c 36 § 21.]
15.54.433
Additional notes found at www.leg.wa.gov
15.54.436 Cancellation of license to distribute or of
registration—Refusal to register if fraudulent or deceptive practices used—Opportunity for hearing. The department may cancel the license to distribute commercial fertilizer or registration of any commercial fertilizer product or
refuse to license a distributor or register any commercial fertilizer product as provided in this chapter due to:
(1) An incomplete or insufficient license or registration
application;
(2) The misbranding or adulteration of a commercial fertilizer; or
(3) A violation of this chapter or rules adopted under this
chapter.
If the department cancels or refuses to renew an existing
license or registration due to the misbranding or adulteration
of a commercial fertilizer or due to a violation of this chapter
or a rule adopted hereunder, the licensee/registrant or applicant may request a hearing as provided for in chapter 34.05
RCW. [1998 c 36 § 10; 1993 c 183 § 12; 1987 c 45 § 24.]
15.54.436
Additional notes found at www.leg.wa.gov
15.54.440 "Stop sale," "stop use," or "withdrawal
from distribution" order, when issued—Release—Associated costs. (1) Commercial fertilizers that are not registered
in Washington state or that fail to meet the Washington standards for total metals pose an emergency situation because
15.54.440
(2010 Ed.)
15.54.450
they may contain certain metals at levels which are harmful
to Washington soils and plants and may contain substances
which are harmful to the public without its knowledge. Commercial fertilizers that are not registered or that fail to meet
the Washington standards for total metals are subject to
immediate stop sale, stop use, or withdrawal from distribution in this state and seizure, disposal, or both.
(2) The department may issue and enforce a written "stop
sale," "stop use," or "withdrawal from distribution" order to
the distributor, owner, or custodian of any lot of commercial
fertilizer to hold the commercial fertilizer at a designated
place when the department has reasonable cause to believe
such fertilizer is being offered or exposed for sale in violation
of any of the provisions of this chapter.
(3) The department may issue and enforce a written
immediate "stop sale," "stop use," or "withdrawal from distribution" order to any distributor, owner, or custodian of commercial fertilizer in the state for any commercial fertilizer
that:
(a) Is not registered in Washington state; or
(b) According to the department, fails to meet the Washington standards for total metals, as established in RCW
15.54.800 or the rules adopted under this chapter.
(4) The department shall release the commercial fertilizer stopped or withdrawn under subsection (2) or (3) of this
section when the distributor, owner, or custodian has complied with the provisions of this chapter and the rules adopted
under it and the department has issued a written release order.
If compliance is not or cannot be obtained, the department
may institute proceedings under RCW 15.54.450 or may
agree in writing with the distributor, owner, or custodian of
the commercial fertilizer to an alternative disposition of the
commercial fertilizer.
(5) All costs associated with any "stop sale," "stop use,"
or "withdrawal from distribution" incurred by the distributor,
owner, or custodian of a commercial fertilizer are the responsibility of the distributor, owner, or custodian. [1999 c 383 §
3; 1987 c 45 § 23; 1967 ex.s. c 22 § 32.]
Additional notes found at www.leg.wa.gov
15.54.450 Noncompliance—Seizure—Disposition—
Associated costs. (1) Any lot of commercial fertilizer not in
compliance with the provisions of this chapter shall be subject to seizure on complaint of the department to a court of
competent jurisdiction in the area in which the commercial
fertilizer is located.
(2) Any commercial fertilizer that is not registered in the
state or that fails to meet the Washington standards for total
metals is subject to seizure on complaint of the department in
the name of the state to Thurston county superior court or
other court of competent jurisdiction.
(3) In the event the court finds, upon application by the
department under subsection (1) or (2) of this section, that a
commercial fertilizer violates this chapter or the rules
adopted under it and orders the condemnation of the commercial fertilizer, the commercial fertilizer shall be disposed of in
any manner consistent with the quality of the commercial fertilizer and the laws of the state: PROVIDED, That in no
instance shall the disposition of the commercial fertilizer be
ordered by the court without first giving the claimant an
15.54.450
[Title 15 RCW—page 97]
15.54.460
Title 15 RCW: Agriculture and Marketing
opportunity to apply to the court for release of the commercial fertilizer or for permission to process or relabel the commercial fertilizer to bring it into compliance with this chapter
and the rules adopted under it.
(4) All costs associated with disposal are the responsibility of the distributor, owner, or custodian of the commercial
fertilizer unless such a distributor, owner, or custodian is the
consumer or is a person whose role as a distributor, owner, or
custodian of the fertilizer is only that of a transporter of the
fertilizer. Such disposal costs shall not be the responsibility
of the consumer or such a transporter of the commercial fertilizer. [1999 c 383 § 4; 1967 ex.s. c 22 § 33.]
Additional notes found at www.leg.wa.gov
15.54.460 Damages from administrative action, stop
sales or seizures. No state court shall allow the recovery of
damages from administrative action taken or for stop sales or
seizures under RCW 15.54.440 and 15.54.450 if the court
finds that there was probable cause for such action. [1967
ex.s. c 22 § 34.]
15.54.460
15.54.470 Violations—Department discretion—Duty
of prosecuting attorney—Injunctions. (1) Any person who
violates any provision of this chapter shall be guilty of a misdemeanor, and the fines collected shall be disposed of as provided under RCW 15.54.480.
(2) Nothing in this chapter shall be considered as requiring the department to report for prosecution or to cancel the
registration of a commercial fertilizer product or to stop the
sale of fertilizers for violations of this chapter, when violations are of a minor character, and/or when the department
believes that the public interest will be served and protected
by a suitable notice of the violation in writing.
(3) It shall be the duty of each prosecuting attorney to
whom any violation of this chapter is reported, to cause
appropriate proceedings to be instituted and prosecuted in a
court of competent jurisdiction without delay. Before the
department reports a violation of this chapter for such prosecution, an opportunity shall be given the distributor to present
his or her view in writing or orally to the department.
(4) The department is hereby authorized to apply for, and
the court authorized to grant, a temporary or permanent
injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule
adopted under this chapter, notwithstanding the existence of
any other remedy at law. Any such injunction shall be issued
without bond. [1998 c 36 § 11; 1993 c 183 § 13; 1967 ex.s. c
22 § 35.]
15.54.470
Additional notes found at www.leg.wa.gov
15.54.474 Penalty—Failure to comply with chapter
or rule. Every person who fails to comply with this chapter,
or any rule adopted under it, may be subjected to a civil penalty, as determined by the director, in an amount of not more
than seven thousand five hundred dollars for every such violation. Each and every such violation shall be a separate and
distinct offense. Every person, who, through an act of commission or omission, procures, aids, or abets in the violation
shall be considered to have violated this chapter and may be
15.54.474
[Title 15 RCW—page 98]
subject to the penalty provided for in this section. [1998 c 36
§ 12; 1987 c 45 § 10.]
Additional notes found at www.leg.wa.gov
15.54.480 Disposition of moneys. (1) Except as provided in subsection (2) of this section, all moneys collected
under the provisions of this chapter shall be paid to the director and deposited in an account within the agricultural local
fund. Such deposits shall be used only in the administration
and enforcement of this chapter.
(2) Moneys collected under RCW 15.54.474 shall be
deposited in the general fund. [1998 c 36 § 13; 1988 c 254 §
3; 1975 1st ex.s. c 257 § 11; 1967 ex.s. c 22 § 36.]
15.54.480
Additional notes found at www.leg.wa.gov
15.54.490 Cooperation with other entities. The director may cooperate with and enter into agreements with other
governmental agencies, whether of this state, other states, or
agencies of the federal government, and with private associations, in order to carry out the purposes and provisions of this
chapter. [1967 ex.s. c 22 § 37.]
15.54.490
15.54.800 Enforcement of chapter—Adoption of
rules. (1) The director shall administer and enforce the provisions of this chapter and any rules adopted under this chapter. All authority and requirements provided for in chapter
34.05 RCW apply to this chapter in the adoption of rules.
(2) The director may adopt appropriate rules for carrying
out the purpose and provisions of this chapter, including but
not limited to rules providing for:
(a) Definitions of terms;
(b) Determining standards for labeling and registration
of commercial fertilizers;
(c) The collection and examination of commercial fertilizers;
(d) Recordkeeping by registrants and licensees;
(e) Regulation of the use and disposal of commercial fertilizers for the protection of groundwater and surface water;
and
(f) The safe handling, transportation, storage, display,
and distribution of commercial fertilizers.
(3)(a) Standards are established for allowable levels of
nonnutritive substances in commercial fertilizers. These standards are Canadian figures for agricultural and agri-food
Canadian maximum acceptable cumulative metal additions
to soil established under Trade Memorandum T-4-93 dated
August 1996. Washington application rates shall be used to
ensure that the maximum acceptable cumulative metal additions to soil are not exceeded.
(b) If federal or other risk-based standards are adopted or
scientific peer-reviewed studies show that the standards
adopted in this section are not at the appropriate level to protect human health or the environment, the department, in consultation with the departments of ecology and health, may
initiate a rule making [may adopt a rule] to amend these standards. [1998 c 36 § 15; 1997 c 427 § 3; 1993 c 183 § 14; 1987
c 45 § 9.]
15.54.800
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Washington Pesticide Control Act
15.54.820 Department of ecology—Waste-derived or
micronutrient fertilizer—Standards—Written decision—
Appeal of decision. (1) After receipt from the department of
the completed application required by RCW 15.54.325, the
department of ecology shall evaluate whether the use of the
proposed waste-derived fertilizer or the micronutrient fertilizer as defined in RCW 15.54.270 is consistent with the following:
(a) Chapter 70.95 RCW, the solid waste management
act;
(b) Chapter 70.105 RCW, the hazardous waste management act; and
(c) 42 U.S.C. Sec. 6901 et seq., the resource conservation and recovery act.
(2) The department of ecology shall apply the standards
adopted in RCW 15.54.800. If more stringent standards apply
under chapter 173-303 WAC for the same constituents, the
department of ecology must use the more stringent standards.
(3) Within sixty days of receiving the completed application, the department of ecology shall advise the department as
to whether the application complies with the requirements of
subsections (1) and (2) of this section. In making a determination, the department of ecology shall consult with the
department of health and the department of labor and industries.
(4) A party aggrieved by a decision of the department of
ecology to issue a written approval under this section or to
deny the issuance of such an approval may appeal the decision to the pollution control hearings board within thirty days
of the decision. Review of such a decision shall be conducted
in accordance with chapter 43.21B RCW. Any subsequent
appeal of a decision of the hearings board shall be obtained in
accordance with RCW 43.21B.180. [1998 c 36 § 16.]
15.54.820
Additional notes found at www.leg.wa.gov
15.54.910
15.54.910 Prior liability preserved. The enactment of
this chapter shall not have the effect of terminating, or in any
way modifying any liability, civil or criminal, which shall
already be in existence on the effective date of this chapter.
[1967 ex.s. c 22 § 38.]
15.54.950 Short title. RCW 15.54.270 through
15.54.490 and 15.54.910 through 15.54.940 shall be known
as the "Washington Commercial Fertilizer Act." [1967 ex.s.
c 22 § 42.]
15.54.950
15.54.960 Severability—1967 ex.s. c 22. If any section
or provision of this chapter shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the chapter as a whole or any section, provision, or part
thereof, not adjudged invalid or unconstitutional. [1967 ex.s.
c 22 § 44.]
15.54.960
Chapter 15.58 RCW
WASHINGTON PESTICIDE CONTROL ACT
Chapter 15.58
Sections
15.58.010
15.58.020
15.58.030
15.58.040
15.58.045
15.58.050
15.58.060
15.58.065
15.58.070
15.58.080
15.58.090
15.58.100
15.58.110
15.58.120
15.58.130
15.58.140
15.58.150
15.58.160
15.58.170
15.58.180
15.58.200
15.58.205
15.58.206
15.58.207
15.58.210
15.58.220
15.58.230
15.58.233
15.58.235
15.58.240
15.58.250
15.58.260
15.54.930
15.54.930 Effective date—1967 ex.s. c 22. The effective date of this act is July 1, 1967. [1967 ex.s. c 22 § 40.]
15.54.940
15.54.940 Continuation of rules adopted pursuant to
repealed sections. The repeal of sections 15.54.010 through
15.54.250 and 15.54.900, chapter 11, Laws of 1961 and
chapter 15.54 RCW and the enactment of this act shall not be
deemed to have repealed any rules adopted under the provisions of sections 15.54.010 through 15.54.250 and 15.54.900,
chapter 11, Laws of 1961 and chapter 15.54 RCW and in
effect immediately prior to such repeal and not inconsistent
with the provisions of this act. All such rules shall be considered to have been adopted under the provisions of this act.
[1967 ex.s. c 22 § 41.]
Repeal of prior law by 1967 act: "Sections 15.54.010 through
15.54.250 and section 15.54.900, chapter 11, Laws of 1961 and RCW
15.54.010 through 15.54.250 and 15.54.900 are each repealed." [1967 ex.s.
c 22 § 43.]
(2010 Ed.)
Chapter 15.58
15.58.270
15.58.280
15.58.290
15.58.300
15.58.310
15.58.320
15.58.330
15.58.335
15.58.340
15.58.345
15.58.350
15.58.360
15.58.370
15.58.380
15.58.400
15.58.405
15.58.411
15.58.420
15.58.445
Short title.
Declaration of public interest.
Definitions.
Director’s authority—Rules.
Disposal of unusable pesticides—Rules.
Registration of pesticides—Generally.
Statement for registration—Contents.
Protection of privileged or confidential information.
Pesticide annual registration fee—Expiration of registrations—Deposit in agricultural local fund.
Additional fee for late registration renewal.
Certain agencies may register without fee—Not subject to
RCW 15.58.180.
Criterion for registering.
Refusing or canceling registration—Procedure.
Suspension of registration when hazard to public health.
"Misbranded" as applicable to pesticides, devices, or spray
adjuvants.
"Adulterated" as applicable to pesticides.
Unlawful practices.
Violations of chapter—"Stop sale, use or removal" order.
"Stop sale, use or removal" order—Adjudication.
Pesticide dealer license—Generally.
Pesticide dealer manager—License qualifications.
Structural pest inspector licenses—Required—Exemptions.
Structural pest inspector licenses—Exemption—Home
inspectors.
Structural pest inspector licenses—Examination.
Pest control consultant licenses—Required—Exemptions.
Public pest control consultant license.
Consultant’s license—Requirements.
Renewal of licenses—Recertification standards.
Renewal of licenses—Delinquency.
Classification of licenses.
Recordkeeping requirements.
Civil penalties and/or denial, suspension, or revocation of
license, registration or permit.
Subpoenas—Witness fees.
Sampling and examination of pesticides or devices—Procedure when criminal proceedings contemplated.
Minor violations, warning notice in writing.
Persons exempted from certain penalties under RCW
15.58.150.
Pesticides for foreign export not in violation of chapter.
Certain pharmacists exempted from licensing provisions.
Violation of chapter—Misdemeanor.
Civil penalty.
Injunction.
Damages—Civil action not precluded.
Persons charged with enforcement barred from interest in pesticides, devices.
No recovery of damages when probable cause.
Results of analyses to be published.
Board to advise director.
Cooperation and agreements with other agencies.
Emergency situations—Special local needs—Experimental
use permits.
Use of license fees—Deposit of money collected for civil penalties.
Report to legislature.
Wood destroying organism inspections—License required.
[Title 15 RCW—page 99]
15.58.010
15.58.450
15.58.460
15.58.465
15.58.470
15.58.900
15.58.901
15.58.910
15.58.920
15.58.940
15.58.941
15.58.942
15.58.943
Title 15 RCW: Agriculture and Marketing
Wood destroying organism inspection report—Unique inspection control number required.
Structural pest inspector—Evidence of financial responsibility
required—Exemptions.
Structural pest inspector—Forms of evidence of financial
responsibility—Amount—Terms.
Structural pest inspector—Failure to meet financial responsibility requirements.
Effective date—1971 ex.s. c 190.
Effective date—2000 c 96.
Continuation of rules adopted pursuant to repealed sections.
Existing liabilities not affected.
Severability—1971 ex.s. c 190.
Severability—1979 c 146.
Severability—1989 c 380.
Effective date—2003 c 212.
15.58.010 Short title. This chapter may be known and
cited as the Washington Pesticide Control Act. [1971 ex.s. c
190 § 1.]
15.58.010
15.58.020 Declaration of public interest. The formulation, distribution, storage, transportation, and disposal of
any pesticide and the dissemination of accurate scientific
information as to the proper use, or nonuse, of any pesticide,
is important and vital to the maintenance of a high level of
public health and welfare both immediate and future, and is
hereby declared to be a business affected with the public
interest. The provisions of this chapter are enacted in the
exercise of the police powers of the state for the purpose of
protecting the immediate and future health and welfare of the
people of the state. [1971 ex.s. c 190 § 2.]
15.58.020
15.58.030 Definitions. As used in this chapter the
words and phrases defined in this section shall have the
meanings indicated unless the context clearly requires otherwise.
(1) "Active ingredient" means any ingredient which will
prevent, destroy, repel, control, or mitigate pests, or which
will act as a plant regulator, defoliant, desiccant, or spray
adjuvant.
(2) "Antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment.
(3) "Arthropod" means any invertebrate animal that
belongs to the phylum arthropoda, which in addition to
insects, includes allied classes whose members are wingless
and usually have more than six legs; for example, spiders,
mites, ticks, centipedes, and isopod crustaceans.
(4) "Complete wood destroying organism inspection"
means inspection for the purpose of determining evidence of
infestation, damage, or conducive conditions as part of the
transfer, exchange, or refinancing of any structure in Washington state. Complete wood destroying organism inspections include any wood destroying organism inspection that
is conducted as the result of telephone solicitation by an
inspection, pest control, or other business, even if the inspection would fall within the definition of a specific wood
destroying organism inspection.
(5) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a
plant with or without causing abscission.
(6) "Department" means the Washington state department of agriculture.
15.58.030
[Title 15 RCW—page 100]
(7) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant
tissues.
(8) "Device" means any instrument or contrivance
intended to trap, destroy, control, repel, or mitigate pests, or
to destroy, control, repel or mitigate fungi, nematodes, or
such other pests, as may be designated by the director, but not
including equipment used for the application of pesticides
when sold separately from the pesticides.
(9) "Director" means the director of the department or a
duly authorized representative.
(10) "Distribute" means to offer for sale, hold for sale,
sell, barter, or supply pesticides in this state.
(11) "EPA" means the United States environmental protection agency.
(12) "EPA restricted use pesticide" means any pesticide
with restricted uses as classified for restricted use by the
administrator, EPA.
(13) "FIFRA" means the federal insecticide, fungicide,
and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec.
136 et seq.).
(14) "Fungi" means all nonchlorophyll-bearing thallophytes (all nonchlorophyll-bearing plants of a lower order
than mosses and liverworts); for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living
persons or other animals.
(15) "Fungicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any
fungi.
(16) "Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any
weed.
(17) "Inert ingredient" means an ingredient which is not
an active ingredient.
(18) "Ingredient statement" means a statement of the
name and percentage of each active ingredient together with
the total percentage of the inert ingredients in the pesticide,
and when the pesticide contains arsenic in any form, the
ingredient statement shall also include percentages of total
and water soluble arsenic, each calculated as elemental
arsenic. The ingredient statement for a spray adjuvant must
be consistent with the labeling requirements adopted by rule.
(19) "Insect" means any of the numerous small invertebrate animals whose bodies are more or less obviously segmented, and which for the most part belong to the class
insecta, comprising six-legged, usually winged forms, for
example, beetles, bugs, bees, flies, and to other allied classes
of arthropods whose members are wingless and usually have
more than six legs, for example, spiders, mites, ticks, centipedes, and isopod crustaceans.
(20) "Insecticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate any
insects which may be present in any environment whatsoever.
(21) "Inspection control number" means a number
obtained from the department that is recorded on wood
destroying organism inspection reports issued by a structural
pest inspector in conjunction with the transfer, exchange, or
refinancing of any structure.
(22) "Label" means the written, printed, or graphic matter on, or attached to, the pesticide, device, or immediate con(2010 Ed.)
Washington Pesticide Control Act
tainer, and the outside container or wrapper of the retail package.
(23) "Labeling" means all labels and other written,
printed, or graphic matter:
(a) Upon the pesticide, device, or any of its containers or
wrappers;
(b) Accompanying the pesticide, or referring to it in any
other media used to disseminate information to the public;
and
(c) To which reference is made on the label or in literature accompanying or referring to the pesticide or device
except when accurate nonmisleading reference is made to
current official publications of the department, United States
departments of agriculture; interior; education; health and
human services; state agricultural colleges; and other similar
federal or state institutions or agencies authorized by law to
conduct research in the field of pesticides.
(24) "Land" means all land and water areas, including
airspace and all plants, animals, structures, buildings, devices
and contrivances, appurtenant thereto or situated thereon,
fixed or mobile, including any used for transportation.
(25) "Master license system" means the mechanism
established by chapter 19.02 RCW by which master licenses,
endorsed for individual state-issued licenses, are issued and
renewed using a master application and a master license expiration date common to each renewable license endorsement.
(26) "Nematocide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
nematodes.
(27) "Nematode" means any invertebrate animal of the
phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike
bodies covered with cuticle, and inhabiting soil, water, plants
or plant parts, may also be called nemas or eelworms.
(28) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or
not incorporated.
(29) "Pest" means, but is not limited to, any insect,
rodent, nematode, snail, slug, weed and any form of plant or
animal life or virus, except virus on or in a living person or
other animal, which is normally considered to be a pest or
which the director may declare to be a pest.
(30) "Pest control consultant" means any individual who
sells or offers for sale at other than a licensed pesticide dealer
outlet or location where they are employed, or who offers or
supplies technical advice or makes recommendations to the
user of:
(a) Highly toxic pesticides, as determined under RCW
15.58.040;
(b) EPA restricted use pesticides or restricted use pesticides which are restricted by rule to distribution by licensed
pesticide dealers only; or
(c) Any other pesticide except those pesticides which are
labeled and intended for home and garden use only.
(31) "Pesticide" means, but is not limited to:
(a) Any substance or mixture of substances intended to
prevent, destroy, control, repel, or mitigate any insect, rodent,
snail, slug, fungus, weed, and any other form of plant or animal life or virus, except virus on or in a living person or other
animal which is normally considered to be a pest or which the
director may declare to be a pest;
(2010 Ed.)
15.58.030
(b) Any substance or mixture of substances intended to
be used as a plant regulator, defoliant or desiccant; and
(c) Any spray adjuvant.
(32) "*Pesticide advisory board" means the *pesticide
advisory board as provided for in the Washington pesticide
application act.
(33) "Pesticide dealer" means any person who distributes
any of the following pesticides:
(a) Highly toxic pesticides, as determined under RCW
15.58.040;
(b) EPA restricted use pesticides or restricted use pesticides which are restricted by rule to distribution by licensed
pesticide dealers only; or
(c) Any other pesticide except those pesticides which are
labeled and intended for home and garden use only.
(34) "Pesticide dealer manager" means the owner or
other individual supervising pesticide distribution at one outlet holding a pesticide dealer license.
(35) "Plant regulator" means any substance or mixture of
substances intended through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise
alter the behavior of ornamental or crop plants or their produce, but shall not include substances insofar as they are
intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.
(36) "Registrant" means the person registering any pesticide under the provisions of this chapter.
(37) "Restricted use pesticide" means any pesticide or
device which, when used as directed or in accordance with a
widespread and commonly recognized practice, the director
determines, subsequent to a hearing, requires additional
restrictions for that use to prevent unreasonable adverse
effects on the environment including people, lands, beneficial
insects, animals, crops, and wildlife, other than pests.
(38) "Rodenticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
rodents, or any other vertebrate animal which the director
may declare by rule to be a pest.
(39) "Specific wood destroying organism inspection"
means an inspection of a structure for purposes of identifying
or verifying evidence of an infestation of wood destroying
organisms prior to pest management activities.
(40) "Spray adjuvant" means any product intended to be
used with a pesticide as an aid to the application or to the
effect of the pesticide, and which is in a package or container
separate from the pesticide. Spray adjuvant includes, but is
not limited to, acidifiers, compatibility agents, crop oil concentrates, defoaming agents, drift control agents, modified
vegetable oil concentrates, nonionic surfactants, organosilicone surfactants, stickers, and water conditioning agents.
Spray adjuvant does not include products that are only
intended to mark the location where a pesticide is applied.
(41) "Special local needs registration" means a registration issued by the director pursuant to provisions of section
24(c) of FIFRA.
(42) "Structural pest inspector" means any individual
who performs the service of conducting a complete wood
destroying organism inspection or a specific wood destroying
organism inspection.
(43) "Unreasonable adverse effects on the environment"
means any unreasonable risk to people or the environment
[Title 15 RCW—page 101]
15.58.040
Title 15 RCW: Agriculture and Marketing
taking into account the economic, social, and environmental
costs and benefits of the use of any pesticide, or as otherwise
determined by the director.
(44) "Weed" means any plant which grows where not
wanted.
(45) "Wood destroying organism" means insects or fungi
that consume, excavate, develop in, or otherwise modify the
integrity of wood or wood products. Wood destroying organism includes, but is not limited to, carpenter ants, moisture
ants, subterranean termites, dampwood termites, beetles in
the family Anobiidae, and wood decay fungi (wood rot).
(46) "Wood destroying organism inspection report"
means any written document that reports or comments on the
presence or absence of wood destroying organisms, their
damage, and/or conducive conditions leading to the establishment of such organisms. [2004 c 100 § 6; 2003 c 212 § 1;
2000 c 96 § 1; 1992 c 170 § 1; 1991 c 264 § 1; 1989 c 380 §
1; 1982 c 182 § 26; 1979 c 146 § 1; 1971 ex.s. c 190 § 3.]
*Reviser’s note: The "pesticide advisory board" was eliminated pursuant to 2010 1st sp.s. c 7 § 132.
Effective date—2004 c 100: See note following RCW 17.21.020.
Additional notes found at www.leg.wa.gov
15.58.040 Director’s authority—Rules. (1) The director shall administer and enforce the provisions of this chapter
and rules adopted under this chapter. All the authority and
requirements provided for in chapter 34.05 RCW (Administrative Procedure Act) and chapter 42.30 RCW shall apply to
this chapter in the adoption of rules including those requiring
due notice and a hearing for the adoption of permanent rules.
(2) The director is authorized to adopt appropriate rules
for carrying out the purpose and provisions of this chapter,
including but not limited to rules providing for:
(a) Declaring as a pest any form of plant or animal life or
virus which is injurious to plants, people, animals (domestic
or otherwise), land, articles, or substances;
(b) Determining that certain pesticides are highly toxic to
people. For the purpose of this chapter, highly toxic pesticide
means any pesticide that conforms to the criteria in 40 C.F.R.
Sec. 156.10 for toxicity category I due to oral inhalation or
dermal toxicity. The director shall publish a list of all pesticides, determined to be highly toxic, by their common or
generic name and their trade or brand name if practical. Such
list shall be kept current and shall, upon request, be made
available to any interested party;
(c) Determining standards for denaturing pesticides by
color, taste, odor, or form;
(d) The collection and examination of samples of pesticides or devices;
(e) The safe handling, transportation, storage, display,
distribution, and disposal of pesticides and their containers;
(f) Restricting or prohibiting the use of certain types of
containers or packages for specific pesticides. These restrictions may apply to type of construction, strength, and/or size
to alleviate danger of spillage, breakage, misuse, or any other
hazard to the public. The director shall be guided by federal
regulations concerning pesticide containers;
(g) Procedures in making of pesticide recommendations;
(h) Adopting a list of restricted use pesticides for the
state or for designated areas within the state if the director
determines that such pesticides may require rules restricting
15.58.040
[Title 15 RCW—page 102]
or prohibiting their distribution or use. The director may
include in the rule the time and conditions of distribution or
use of such restricted use pesticides and may, if it is found
necessary to carry out the purpose and provisions of this
chapter, require that any or all restricted use pesticides shall
be purchased, possessed, or used only under permit of the
director and under the director’s direct supervision in certain
areas and/or under certain conditions or in certain quantities
or concentrations. The director may require all persons
issued such permits to maintain records as to the use of all the
restricted use pesticides;
(i) Label requirements of all pesticides required to be
registered under provisions of this chapter;
(j) Regulating the labeling of devices;
(k) The establishment of criteria governing the conduct
of a structural pest inspection;
(l) Declaring crops, when grown to produce seed specifically for crop reproduction purposes, to be nonfood and/or
nonfeed sites of pesticide application. The director may
include in the rule any restrictions or conditions regarding:
(i) The application of pesticides to the designated crops; and
(ii) the disposition of any portion of the treated crop;
(m) Fixing and collecting examination fees; and
(n) Requiring individuals to earn recertification credits
in the classifications in which they are licensed.
(3) For the purpose of uniformity and to avoid confusion
endangering the public health and welfare the director may
adopt rules in conformity with the primary pesticide standards, particularly as to labeling, established by the United
States environmental protection agency or any other federal
agency. [2003 c 212 § 2; 2000 c 96 § 8; 1997 c 242 § 1; 1996
c 188 § 4; 1991 c 264 § 2; 1989 c 380 § 2; 1971 ex.s. c 190 §
4.]
15.58.045 Disposal of unusable pesticides—Rules.
The director of agriculture may adopt rules to allow the
department of agriculture to take possession and dispose of
canceled, suspended, or otherwise unusable pesticides held
by persons licensed under chapter 15.58 RCW or regulated
under chapter 17.21 RCW. For purposes of this section, the
department may become licensed as a hazardous waste generator. The department may set fees to cover expenses in connection with pesticide waste received from persons licensed
under chapter 15.58 RCW. [1989 c 354 § 57.]
15.58.045
Additional notes found at www.leg.wa.gov
15.58.050 Registration of pesticides—Generally.
Every pesticide which is distributed within this state or delivered for transportation or transported in intrastate commerce
or between points within this state through any point outside
this state shall be registered with the director subject to the
provisions of this chapter. However, registration is not
required if: A pesticide is shipped from one plant or warehouse to another plant or warehouse operated by the same
person and used solely at such plant or warehouse as a constituent part to make a pesticide which is registered under the
provisions of this chapter; or a written permit has been
obtained from the director to distribute or use the specific
pesticide for experimental purposes subject to restrictions
15.58.050
(2010 Ed.)
Washington Pesticide Control Act
and conditions set forth in the permit. [2002 c 274 § 1; 1989
c 380 § 3; 1971 ex.s. c 190 § 5.]
Effective date—Expiration date—2002 c 274: "(1) Sections 1, 2, and
4 of this act take effect January 1, 2003.
(2) Section 2 of this act expires January 1, 2004." [2002 c 274 § 5.]
15.58.100
15.58.070 Pesticide annual registration fee—Expiration of registrations—Deposit in agricultural local fund.
(1) All registrations issued by the department expire December 31st of the following year except that registrations issued
by the department to a registrant who is applying to register
an additional pesticide during the second year of the registrant’s registration period shall expire December 31st of that
year.
(2) An application for registration must be accompanied
by a fee of three hundred ninety dollars for each pesticide,
except that a registrant who is applying to register an additional pesticide during the year the registrant’s registration
expires shall pay a fee of one hundred ninety-five dollars for
each additional pesticide.
(3) Fees must be deposited in the agricultural local fund
to support the activities of the pesticide program within the
department.
(4) Any registration approved by the director and in
effect on the last day of the registration period, for which a
renewal application has been made and the proper fee paid,
continues in full force and effect until the director notifies the
applicant that the registration has been renewed, or otherwise
denied in accord with the provision of RCW 15.58.110.
[2008 c 285 § 15; 2002 c 274 § 3; (2002 c 274 § 2 expired
January 1, 2004); 1997 c 242 § 2; 1995 c 374 § 66; 1994 c 46
§ 1; 1989 c 380 § 6; 1983 c 95 § 2; 1971 ex.s. c 190 § 7.]
15.58.070
15.58.060 Statement for registration—Contents. (1)
The applicant for registration shall file a statement with the
department which shall include:
(a) The name and address of the applicant and the name
and address of the person whose name will appear on the
label, if other than the applicant’s;
(b) The name of the pesticide;
(c) The complete formula of the pesticide, including the
active and inert ingredients: PROVIDED, That confidential
business information of a proprietary nature is not made
available to any other person and is exempt from disclosure
as a public record, as provided by RCW 42.56.070;
(d) Other necessary information required for completion
of the department’s application for registration form; and
(e) A complete copy of the labeling accompanying the
pesticide and a statement of all claims to be made for it,
including the directions and precautions for use.
(2) The director may require a full description of the tests
made and the results thereof upon which the claims are based.
(3) The director may prescribe other necessary information by rule. [2005 c 274 § 215; 1989 c 380 § 4; 1971 ex.s. c
190 § 6.]
Effective date—2008 c 285 §§ 15-26: "Sections 15 through 26 of this
act take effect January 1, 2009." [2008 c 285 § 27.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Intent—Captions not law—2008 c 285: See notes following RCW
43.22.434.
15.58.060
15.58.065 Protection of privileged or confidential
information. (1) In submitting data required by this chapter,
the applicant may:
(a) Mark clearly any portions which in the applicant’s
opinion are trade secrets or commercial or financial information; and
(b) Submit such marked material separately from other
material required to be submitted under this chapter.
(2) Notwithstanding any other provision of this chapter
or other law, the director shall not make public information
which in the director’s judgment should be privileged or confidential because it contains or relates to trade secrets or commercial or financial information except that, when necessary
to carry out the provisions of this chapter, information relating to unpublished formulas of products acquired by authorization of this chapter may be revealed to any state or federal
agency consulted and may be revealed at a public hearing or
in findings of fact issued by the director when necessary
under this chapter.
(3) If the director proposes to release for inspection
information which the applicant or registrant believes to be
protected from disclosure under subsection (2) of this section,
the director shall notify the applicant or registrant in writing,
by certified mail. The director shall not thereafter make available for inspection such data until thirty days after receipt of
the notice by the applicant or registrant. During this period,
the applicant or registrant may institute an action in the superior court of Thurston county for a declaratory judgment as to
whether such information is subject to protection under subsection (2) of this section. [1989 c 380 § 5; 1979 c 146 § 4.]
15.58.065
(2010 Ed.)
Effective date—2002 c 274 § 3: "Section 3 of this act takes effect January 1, 2004." [2002 c 274 § 6.]
Effective date—Expiration date—2002 c 274: See note following
RCW 15.58.070.
Additional notes found at www.leg.wa.gov
15.58.080 Additional fee for late registration
renewal. If the renewal of a pesticide registration or special
needs registration is not filed by the day the registration
expires, an additional fee of fifty dollars shall be assessed and
added to the original fee. The additional fee shall be paid by
the applicant before the registration renewal for that pesticide
shall be issued unless the applicant furnishes an affidavit certifying that the applicant did not distribute the unregistered
pesticide during the period of nonregistration. The payment
of the additional fee is not a bar to any prosecution for doing
business without proper registry. [2002 c 274 § 4; 1994 c 46
§ 2; 1989 c 380 § 7; 1983 c 95 § 3; 1971 ex.s. c 190 § 8.]
15.58.080
Effective date—Expiration date—2002 c 274: See note following
RCW 15.58.050.
Additional notes found at www.leg.wa.gov
15.58.090 Certain agencies may register without
fee—Not subject to RCW 15.58.180. All federal, state, and
county agencies shall register without fee all pesticides sold
by them and they shall not be subject to the license provisions
of RCW 15.58.180. [1971 ex.s. c 190 § 9.]
15.58.090
15.58.100 Criterion for registering. (1) The director
shall require the information required under RCW 15.58.060
15.58.100
[Title 15 RCW—page 103]
15.58.110
Title 15 RCW: Agriculture and Marketing
and shall register the label or labeling for such pesticide if he
or she determines that:
(a) Its composition is such as to warrant the proposed
claims for it;
(b) Its labeling and other material required to be submitted comply with the requirements of this chapter;
(c) It will perform its intended function without unreasonable adverse effects on the environment;
(d) When used in accordance with widespread and commonly recognized practice it will not generally cause unreasonable adverse effects on the environment;
(e) In the case of any pesticide subject to section 24(c) of
FIFRA, it meets (a), (b), (c), and (d) of this subsection and the
following criteria:
(i) The proposed classification for general use, for
restricted use, or for both is in conformity with section 3(d) of
FIFRA;
(ii) A special local need exists.
(2) The director shall not make any lack of essentiality a
criterion for denying registration of any pesticide. [2010 c 8
§ 6066; 1979 c 146 § 2; 1971 ex.s. c 190 § 10.]
15.58.110 Refusing or canceling registration—Procedure. (1) If it does not appear to the director that the pesticide is such as to warrant the proposed claims for it or if the
pesticide and its labeling and other material required to be
submitted do not comply with the provisions of this chapter
or rules adopted under this chapter, the registrant shall be
notified of the manner in which the pesticide, labeling, or
other material required to be submitted fails to comply with
the provisions of this chapter so as to afford the applicant an
opportunity to make the necessary corrections. If, upon
receipt of such notice, the applicant does not make the corrections the director shall refuse to register the pesticide. The
applicant may request a hearing as provided for in chapter
34.05 RCW.
(2) The director may, when the director determines that a
pesticide or its labeling does not comply with the provisions
of this chapter or the rules adopted under this chapter, cancel
the registration of a pesticide after a hearing in accordance
with the provisions of chapter 34.05 RCW. [1989 c 380 § 8;
1971 ex.s. c 190 § 11.]
15.58.110
15.58.120 Suspension of registration when hazard to
public health. The director may, when the director determines that there is or may be an imminent hazard to the public health and welfare, suspend on the director’s own motion,
the registration of a pesticide in conformance with the provisions of chapter 34.05 RCW. [1989 c 380 § 9; 1971 ex.s. c
190 § 12.]
15.58.120
15.58.130 "Misbranded" as applicable to pesticides,
devices, or spray adjuvants. The term "misbranded" shall
apply:
(1) To any pesticide or device if its labeling bears any
statement, design, or graphic representation relative thereto
or to its ingredients which is false or misleading in any particular;
(2) To any pesticide:
(a) If it is an imitation of or is offered for sale under the
name of another pesticide;
(b) If its labeling bears any reference to registration
under the provision of this chapter unless such reference be
required by rules under this chapter;
(c) If any word, statement, or other information, required
by this chapter or rules adopted under this chapter to appear
on the label or labeling, is not prominently placed thereon
with such conspicuousness (as compared with other words,
statements, designs, or graphic matter in the labeling), and in
such terms as to render it likely to be read and understood by
the ordinary individual under customary conditions of purchase and use;
(d) If the label does not bear:
(i) The name and address of the manufacturer, registrant
or person for whom manufactured;
(ii) Name, brand or trademark under which the pesticide
is sold;
(iii) An ingredient statement on that part of the immediate container and on the outside container or wrapper, if there
be one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package
which is presented or displayed under customary conditions
of purchase: PROVIDED, That the director may permit the
ingredient statement to appear prominently on some other
part of the container, if the size or form of the container
makes it impracticable to place it on the part of the retail
package which is presented or displayed under customary
conditions of purchase;
(iv) Directions for use and a warning or caution statement which are necessary and which if complied with would
be adequate to protect the public and to prevent injury to the
public, including living people, useful vertebrate animals,
useful vegetation, useful invertebrate animals, wildlife, and
land; and
(v) The weight or measure of the content, subject to the
provisions of chapter 19.94 RCW (state weights and measures act) as enacted or hereafter amended.
(e) If that pesticide contains any substance or substances
in quantities highly toxic to people, determined as provided
by RCW 15.58.040, unless the label bears, in addition to any
other matter required by this chapter:
(i) The skull and crossbones;
(ii) The word "POISON" in red prominently displayed
on a background of distinctly contrasting color; and
(iii) A statement of an antidote for the pesticide.
(f) If the pesticide container does not bear a label or if the
label does not contain all the information required by this
chapter or the rules adopted under this chapter.
(3) To a spray adjuvant when the label fails to state the
type or function of the principal functioning agents. [1989 c
380 § 10; 1971 ex.s. c 190 § 13.]
15.58.130
[Title 15 RCW—page 104]
15.58.140 "Adulterated" as applicable to pesticides.
The term "adulterated" shall apply to any pesticide if its
strength or purity deviates from the professed standard or
quality as expressed on its labeling or under which it is sold,
or if any substance has been substituted wholly or in part for
the pesticide, or if any valuable constituent of the pesticide
has been wholly or in part abstracted, or if any contaminant is
15.58.140
(2010 Ed.)
Washington Pesticide Control Act
present in an amount which is determined by the director to
be a hazard. [1971 ex.s. c 190 § 14.]
15.58.150 Unlawful practices. (1) It is unlawful for
any person to distribute within the state or deliver for transportation or transport in intrastate commerce or between
points within this state through any point outside this state
any of the following:
(a) Any pesticide which has not been registered pursuant
to the provisions of this chapter;
(b) Any pesticide if any of the claims made for it or any
of the directions for its use or other labeling differs from the
representations made in connection with its registration, or if
the composition of a pesticide differs from its composition as
represented in connection with its registration: PROVIDED,
That at the discretion of the director, a change in the labeling
or formula of a pesticide may be made within a registration
period without requiring reregistration of the product;
(c) Any pesticide unless it is in the registrant’s or the
manufacturer’s unbroken immediate container and there is
affixed to such container, and to the outside container or
wrapper of the retail package, if there is one through which
the required information on the immediate container cannot
be clearly read, a label bearing the information required in
this chapter and the rules adopted under this chapter;
(d) Any pesticide including arsenicals, fluorides, fluosilicates, and/or any other white powdered pesticides unless
they have been distinctly denatured as to color, taste, odor, or
form if so required by rule;
(e) Any pesticide which is adulterated or misbranded, or
any device which is misbranded;
(f) Any pesticide in containers, violating rules adopted
pursuant to RCW 15.58.040(2)(f) or pesticides found in containers which are unsafe due to damage.
(2) It shall be unlawful:
(a) To sell or deliver any pesticide to any person who is
required by law or rules promulgated under such law to be
certified, licensed, or have a permit to use or purchase the
pesticide unless such person or the person’s agent, to whom
sale or delivery is made, has a valid certification, license, or
permit to use or purchase the kind and quantity of such pesticide sold or delivered: PROVIDED, That, subject to conditions established by the director, such permit may be obtained
immediately prior to sale or delivery from any person designated by the director;
(b) For any person to detach, alter, deface or destroy,
wholly or in part, any label or labeling provided for in this
chapter or rules adopted under this chapter, or to add any substance to, or take any substance from, a pesticide in a manner
that may defeat the purpose of this chapter or the rules
adopted thereunder;
(c) For any person to use or cause to be used any pesticide contrary to label directions or to regulations of the director if those regulations differ from or further restrict the label
directions: PROVIDED, The compliance to the term "contrary to label directions" is enforced by the director consistent
with the intent of this chapter;
(d) For any person to use for his or her own advantage or
to reveal, other than to the director or proper officials or
employees of the state, or to the courts of the state in response
to a subpoena, or to physicians, or in emergencies to pharma15.58.150
(2010 Ed.)
15.58.170
cists and other qualified persons for use in the preparation of
antidotes, any information relative to formulas of products
acquired by authority of RCW 15.58.060;
(e) For any person to make false, misleading, or erroneous statements or reports concerning any pest during or after
a pest inspection or to fail to comply with criteria established
by rule for structural pest inspections;
(f) For any person to make false, misleading, or erroneous statements or reports in connection with any pesticide
complaint or investigation;
(g) For any person to act as, or advertise that they perform the services of, a structural pest inspector without having a license to act as a structural pest inspector;
(h) For a business to conduct one or more complete
wood destroying organism inspections without first having
obtained a structural pest inspection company license from
the department. [2003 c 212 § 3; 2000 c 96 § 6; 1991 c 264 §
3; 1989 c 380 § 11; 1987 c 45 § 25; 1979 c 146 § 3; 1971 ex.s.
c 190 § 15.]
Additional notes found at www.leg.wa.gov
15.58.160 Violations of chapter—"Stop sale, use or
removal" order. When the director has reasonable cause to
believe a pesticide or device is being distributed, stored, or
transported in violation of any of the provisions of this chapter, or of any of the prescribed rules under this chapter, the
director may issue and serve a written "stop sale, use or
removal" order upon the owner or custodian of any such pesticide or device. If the owner or custodian is not available for
service of the order, the director may attach the order to the
pesticide or device. The pesticide or device shall not be sold,
used or removed until the provisions of this chapter have
been complied with and the pesticide or device has been
released in writing under conditions specified by the director,
or the violation has been otherwise disposed of as provided in
this chapter by a court of competent jurisdiction. [1989 c 380
§ 12; 1971 ex.s. c 190 § 16.]
15.58.160
15.58.170 "Stop sale, use or removal" order—Adjudication. (1) After service of a "stop sale, use or removal"
order is made upon any person, either that person or the director may file an action in a court of competent jurisdiction in
the county in which a violation of this chapter or rules
adopted under this chapter is alleged to have occurred for an
adjudication of the alleged violation. The court in such action
may issue temporary or permanent injunctions mandatory or
restraining, and such intermediate orders as it deems necessary or advisable. The court may order condemnation of any
pesticide or device which does not meet the requirements of
this chapter or rules adopted under this chapter: PROVIDED, That no authority is granted hereunder to affect the
sale or use of products on which legally approved pesticides
have been legally used.
(2) If the pesticide or device is condemned, it shall, after
entry of decree, be disposed of by destruction or sale as the
court directs, and the proceeds, if such pesticide or device is
sold, less cost including legal costs, shall be paid to the state
treasury: PROVIDED, That the pesticide or device shall not
be sold contrary to the provisions of this chapter or rules
adopted under this chapter. Upon payment of costs and exe15.58.170
[Title 15 RCW—page 105]
15.58.180
Title 15 RCW: Agriculture and Marketing
cution and delivery of a good and sufficient bond conditioned
that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be
delivered to the owner thereof for relabeling or reprocessing
as the case may be.
(3) When a decree of condemnation is entered against
the pesticide, court costs, fees, and storage and other proper
expenses shall be awarded against the person, if any, appearing as claimant of the pesticide. [1997 c 242 § 3; 1989 c 380
§ 13; 1971 ex.s. c 190 § 17.]
15.58.180 Pesticide dealer license—Generally. (1)
Except as provided in subsections (4) and (5) of this section,
it is unlawful for any person to act in the capacity of a pesticide dealer or advertise as or assume to act as a pesticide
dealer without first having obtained an annual license from
the director. The license expires on the master license expiration date. A license is required for each location or outlet
located within this state from which pesticides are distributed. A manufacturer, registrant, or distributor who has no
pesticide dealer outlet licensed within this state and who distributes pesticides directly into this state must obtain a pesticide dealer license for his or her principal out-of-state location or outlet, but such a licensed out-of-state pesticide dealer
is exempt from the pesticide dealer manager requirements.
(2) Application for a license must be accompanied by a
fee of sixty-seven dollars and must be made through the master license system and must include the full name of the person applying for the license and the name of the individual
within the state designated as the pesticide dealer manager. If
the applicant is a partnership, association, corporation, or
organized group of persons, the full name of each member of
the firm or partnership or the names of the officers of the
association or corporation must be given on the application.
The application must state the principal business address of
the applicant in the state and elsewhere, the name of a person
domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant, and any other necessary information prescribed by the
director.
(3) It is unlawful for any licensed dealer outlet to operate
without a pesticide dealer manager who has a license of qualification.
(4) This section does not apply to (a) a licensed pesticide
applicator who sells pesticides only as an integral part of the
applicator’s pesticide application service when pesticides are
dispensed only through apparatuses used for pesticide application, or (b) any federal, state, county, or municipal agency
that provides pesticides only for its own programs.
(5) A user of a pesticide may distribute a properly
labeled pesticide to another user who is legally entitled to use
that pesticide without obtaining a pesticide dealer’s license if
the exclusive purpose of distributing the pesticide is keeping
it from becoming a hazardous waste as defined in chapter
70.105 RCW. [2008 c 285 § 16; 1997 c 242 § 4; 1989 c 380
§ 14; 1983 c 95 § 4; 1982 c 182 § 27; 1971 ex.s. c 190 § 18.]
15.58.180
Effective date—2008 c 285 §§ 15-26: See note following RCW
15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW
43.22.434.
Master license system: Chapter 19.02 RCW.
[Title 15 RCW—page 106]
Additional notes found at www.leg.wa.gov
15.58.200 Pesticide dealer manager—License qualifications. The director shall require each pesticide dealer
manager to demonstrate to the director knowledge of pesticide laws and rules; pesticide hazards; and the safe distribution, use and application, and disposal of pesticides by satisfactorily passing a written examination after which the director shall issue a license of qualification. Application for a
license must be accompanied by a fee of thirty-three dollars.
The pesticide dealer manager license expires annually on a
date set by rule by the director. [2008 c 285 § 17; 1997 c 242
§ 5; 1992 c 170 § 2; 1991 c 109 § 38; 1989 c 380 § 15; 1981
c 297 § 19; 1971 ex.s. c 190 § 20.]
15.58.200
Effective date—2008 c 285 §§ 15-26: See note following RCW
15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW
43.22.434.
Additional notes found at www.leg.wa.gov
15.58.205 Structural pest inspector licenses—
Required—Exemptions. (1) No individual may perform
services as a structural pest inspector or advertise that they
perform services of a structural pest inspector without obtaining a structural pest inspector license from the director. The
license expires annually on a date set by rule by the director.
Application for a license must be on a form prescribed by the
director and must be accompanied by a fee of sixty dollars.
(2) The following are exempt from the application fee
requirement of this section when acting within the authorities
of their existing licenses issued under this chapter or chapter
17.21 RCW: Licensed pest control consultants; licensed
commercial pesticide applicators and operators; licensed private-commercial applicators; and licensed demonstration and
research applicators.
(3) The following are exempt from the structural pest
inspector licensing requirement: Individuals inspecting for
damage caused by wood destroying organisms if the inspections are solely for the purpose of: (a) Repairing or making
specific recommendations for the repair of the damage, or (b)
assessing a monetary value for the structure inspected. Individuals performing wood destroying organism inspections
that incorporate but are not limited to the activities described
in (a) or (b) of this subsection are not exempt from the structural pest inspector licensing requirement.
(4) A structural pest inspector license is not valid for
conducting a complete wood destroying organism inspection
unless the inspector owns or is employed by a business with
a structural pest inspection company license. [2008 c 285 §
18; 2003 c 212 § 5.]
15.58.205
Effective date—2008 c 285 §§ 15-26: See note following RCW
15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW
43.22.434.
15.58.206 Structural pest inspector licenses—
Exemption—Home inspectors. A person licensed as a
home inspector under chapter 18.280 RCW is exempt from
licensing as a structural pest inspector except when reporting
on the identification of or damage by wood destroying
insects. [2008 c 119 § 23.]
15.58.206
(2010 Ed.)
Washington Pesticide Control Act
15.58.207 Structural pest inspector licenses—Examination. The director shall require each applicant for a structural pest inspector license to demonstrate to the director the
applicant’s knowledge of applicable laws and regulations;
structural pest identification and damage; and conditions conducive to the development of wood destroying organisms by
satisfactorily passing a written examination for the classifications for which the applicant has applied prior to issuing the
license. [2003 c 212 § 6.]
15.58.207
15.58.210 Pest control consultant licenses—
Required—Exemptions. (1) No individual may perform
services as a pest control consultant without obtaining a
license from the director. The license expires annually on a
date set by rule by the director. Application for a license
must be on a form prescribed by the director and must be
accompanied by a fee of sixty dollars.
(2) The following are exempt from the licensing requirements of this section when acting within the authorities of
their existing licenses issued under chapter 17.21 RCW:
Licensed commercial pesticide applicators and operators;
licensed private-commercial applicators; and licensed demonstration and research applicators. The following are also
exempt from the licensing requirements of this section:
Employees of federal, state, county, or municipal agencies
when acting in their official governmental capacities; and
pesticide dealer managers and employees working under the
direct supervision of the pesticide dealer manager and only at
a licensed pesticide dealer’s outlet. [2008 c 285 § 19; 2003 c
212 § 4; 2000 c 96 § 9; 1997 c 242 § 6; 1992 c 170 § 3. Prior:
1991 c 264 § 4; 1991 c 109 § 39; 1989 c 380 § 16; 1983 c 95
§ 5; 1971 ex.s. c 190 § 21.]
15.58.210
Effective date—2008 c 285 §§ 15-26: See note following RCW
15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW
43.22.434.
Additional notes found at www.leg.wa.gov
15.58.220 Public pest control consultant license. For
the purpose of this section public pest control consultant
means any individual who is employed by a governmental
agency or unit to act as a pest control consultant. No person
may act as a public pest control consultant without first
obtaining a license from the director. The license expires
annually on a date set by rule by the director. Application for
a license must be on a form prescribed by the director and
must be accompanied by a fee of thirty-three dollars. Federal
and state employees whose principal responsibilities are in
pesticide research, the jurisdictional health officer or a duly
authorized representative, public pest control consultants
licensed and working in the health vector field, and public
operators licensed under RCW 17.21.220 shall be exempt
from this licensing provision. [2008 c 285 § 20; 1997 c 242
§ 7; 1991 c 109 § 40; 1989 c 380 § 17; 1986 c 203 § 4; 1981
c 297 § 20; 1971 ex.s. c 190 § 22.]
15.58.220
Effective date—2008 c 285 §§ 15-26: See note following RCW
15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW
43.22.434.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
15.58.235
15.58.230
15.58.230 Consultant’s license—Requirements. The
director shall require each applicant for a pest control consultant’s license or a public pest control consultant’s license
to demonstrate to the director the applicant’s knowledge of
pesticide laws and regulations; pesticide hazards; and the safe
distribution, use and application, and disposal of pesticides
by satisfactorily passing a written examination for the classifications for which the applicant has applied prior to issuing
the license. [1989 c 380 § 18; 1971 ex.s. c 190 § 23.]
15.58.233
15.58.233 Renewal of licenses—Recertification standards. (1) The director may renew any license issued under
this chapter subject to the recertification standards identified
in subsection (2) of this section or an examination requiring
new knowledge that may be required to perform in those
areas licensed.
(2) Except as provided in subsection (3) of this section,
all individuals licensed under this chapter shall meet the
recertification standards identified in (a) or (b) of this subsection, every five years, in order to qualify for continuing licensure.
(a) Individuals licensed under this chapter may qualify
for continued licensure through accumulation of recertification credits. Individuals licensed under this chapter shall
accumulate a minimum of forty department-approved credits
every five years with no more than fifteen credits allowed per
year.
(b) Individuals licensed under this chapter may qualify
for continued licensure through meeting the examination
requirements necessary to become licensed in those areas in
which the licensee operates.
(3) At the termination of a licensee’s five-year recertification period, the director may waive the recertification
requirements if the licensee can demonstrate that he or she is
meeting comparable recertification standards through
another state or jurisdiction or through a federal environmental protection agency-approved government agency plan.
[2003 c 212 § 7; 2000 c 96 § 7; 1997 c 242 § 10.]
15.58.235
15.58.235 Renewal of licenses—Delinquency. (1) If
an application for renewal of a pesticide dealer license is not
filed on or before the master license expiration date, the master license delinquency fee shall be assessed under chapter
19.02 RCW and shall be paid by the applicant before the
renewal license is issued.
(2) If application for renewal of any license provided for
in this chapter other than the pesticide dealer license is not
filed on or before the expiration date of the license, a penalty
equivalent to the license fee shall be assessed and added to
the original fee, and shall be paid by the applicant before the
renewal license is issued: PROVIDED, That such penalty
shall not apply if the applicant furnishes an affidavit certifying that he or she has not acted as a licensee subsequent to the
expiration of the license.
(3) Any license for which a renewal application has been
made, all other requirements have been met, and the proper
fee paid, continues in full force and effect until the director
notifies the applicant that the license has been renewed or the
application has been denied. [1989 c 380 § 19.]
[Title 15 RCW—page 107]
15.58.240
Title 15 RCW: Agriculture and Marketing
15.58.240 Classification of licenses. The director may
classify licenses to be issued under the provisions of this
chapter. Such classifications may include but not be limited
to agricultural crops, ornamentals, or noncrop land herbicides. If the licensee has a classified license the licensee shall
be limited to practicing within these classifications. Each
such classification shall be subject to separate testing procedures and requirements: PROVIDED, That no person shall
be required to pay an additional license fee if the person
desires to be licensed in one or all of the license classifications provided for by the director under the authority of this
section. The director may charge an examination fee established by the director by rule when an examination is necessary, before a license may be issued or when application for a
license and examination is made at other than a regularly
scheduled examination date. The director may renew any
applicant’s license under the classification for which the
applicant is licensed, subject to reexamination or other recertification standards as determined by the director when
deemed necessary because new knowledge or new classifications are required to carry out the responsibilities of the licensee. [1989 c 380 § 20; 1986 c 203 § 5; 1971 ex.s. c 190 §
24.]
15.58.240
Additional notes found at www.leg.wa.gov
15.58.250 Recordkeeping requirements. Any person
issued a license or permit under the provisions of this chapter
may be required by the director to keep accurate records on a
form prescribed by the director which may contain the following information:
(1) The delivery, movement or holding of any pesticide
or device, including the quantity;
(2) The date of shipment and receipt;
(3) The name of consignor and consignee; and
(4) Any other information, necessary for the enforcement of this chapter, as prescribed by the director.
The director shall have access to such records at any reasonable time to copy or make copies of such records for the
purpose of carrying out the provisions of this chapter. [1989
c 380 § 22; 1971 ex.s. c 190 § 25.]
15.58.250
15.58.260 Civil penalties and/or denial, suspension,
or revocation of license, registration or permit. The director is authorized to impose a civil penalty and/or deny, suspend, or revoke any license, registration or permit provided
for in this chapter subject to a hearing and in conformance
with the provisions of chapter 34.05 RCW (Administrative
Procedure Act) in any case in which the director finds there
has been a failure or refusal to comply with the provisions of
this chapter or rules adopted under this chapter. [1989 c 380
§ 23; 1985 c 158 § 2; 1971 ex.s. c 190 § 26.]
15.58.260
15.58.270 Subpoenas—Witness fees. The director
may issue subpoenas to compel the attendance of witnesses
and/or production of books, documents and records in the
county in which the person licensed under this chapter
resides in any hearing affecting the authority or privilege
granted by a license, registration or permit issued under the
provisions of this chapter. Witnesses shall be entitled to fees
for attendance and travel, as provided for in chapter 2.40
RCW as enacted or hereafter amended. [1971 ex.s. c 190 §
27.]
15.58.280
15.58.280 Sampling and examination of pesticides or
devices—Procedure when criminal proceedings contemplated. The sampling and examination of pesticides or
devices shall be made under the direction of the director for
the purpose of determining whether or not they comply with
the requirements of this chapter. The director is authorized,
upon presentation of proper identification, to enter any distributor’s premises, including any vehicle of transport, at all
reasonable times in order to have access to pesticides or
devices. If it appears from such examination that a pesticide
or device fails to comply with the provisions of this chapter
or rules adopted under this chapter, and the director contemplates instituting criminal proceedings against any person,
the director shall cause notice to be given to such person.
Any person so notified shall be given an opportunity to
present his or her views, either orally or in writing, with
regard to the contemplated proceedings. If thereafter in the
opinion of the director it appears that the provisions of this
chapter or rules adopted under this chapter have been violated
by such person, the director shall refer a copy of the results of
the analysis or the examination of such pesticide or device to
the prosecuting attorney for the county in which the violation
occurred. [2010 c 8 § 6067; 1989 c 380 § 24; 1971 ex.s. c 190
§ 28.]
15.58.290 Minor violations, warning notice in writing. Nothing in this chapter shall be construed as requiring
the director to report for prosecution or for the institution of
condemnation proceedings minor violations of this chapter
when the director believes that the public interest will be best
served by a suitable notice of warning in writing. [1989 c 380
§ 25; 1971 ex.s. c 190 § 29.]
15.58.290
15.58.300 Persons exempted from certain penalties
under RCW 15.58.150. The penalties provided for violations of RCW 15.58.150(1)(a), (b), (c), (d), and (e) shall not
apply to:
(1) Any carrier while lawfully engaged in transporting a
pesticide within the state, if such carrier, upon request, permits the director to copy all records showing the transaction
in and movement of the articles.
(2) Public officials of the state and the federal government engaged in the performance of their official duties.
(3) The manufacturer or shipper of a pesticide for experimental use only by or under the supervision of an agency of
this state or of the federal government authorized by law to
conduct research in the field of pesticides. [1971 ex.s. c 190
§ 30.]
15.58.300
15.58.270
[Title 15 RCW—page 108]
15.58.310 Pesticides for foreign export not in violation of chapter. No pesticides shall be deemed in violation
of this chapter when intended solely for export to a foreign
country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all
the provisions of this chapter shall apply. [1971 ex.s. c 190 §
31.]
15.58.310
(2010 Ed.)
Washington Pesticide Control Act
15.58.320 Certain pharmacists exempted from
licensing provisions. The license provisions of this chapter
shall not apply to any pharmacist who is licensed pursuant to
chapter 18.64 RCW and does not distribute any pesticide
required to be registered under the provisions of this chapter.
[1971 ex.s. c 190 § 32.]
15.58.320
15.58.330 Violation of chapter—Misdemeanor. Any
person violating any provisions of this chapter or rules
adopted under this chapter is guilty of a misdemeanor. [1989
c 380 § 26; 1971 ex.s. c 190 § 33.]
15.58.330
15.58.335 Civil penalty. Every person who fails to
comply with this chapter or the rules adopted under it may be
subjected to a civil penalty, as determined by the director, in
an amount of not more than seven thousand five hundred dollars for every such violation. Each and every such violation
shall be a separate and distinct offense. Every person who,
through an act of commission or omission, procures, aids, or
abets in the violation shall be considered to have violated this
section and may be subject to the civil penalty herein provided. [1989 c 380 § 27; 1985 c 158 § 1.]
15.58.335
15.58.340 Injunction. The director may bring an action
to enjoin the violation or threatened violation of any provision of this chapter or any rule made pursuant to this chapter
in a court of competent jurisdiction of the county in which
such violation occurs or is about to occur. [1989 c 380 § 28;
1971 ex.s. c 190 § 34.]
15.58.340
15.58.345 Damages—Civil action not precluded.
Nothing in this chapter shall preclude any person aggrieved
by a violation of this chapter from bringing suit in a court of
competent jurisdiction for damages arising from the violation. [1989 c 380 § 29.]
15.58.345
15.58.350 Persons charged with enforcement barred
from interest in pesticides, devices. No person charged
with the enforcement of any provision of this chapter shall be
directly or indirectly interested in the sale, manufacture or
distribution of any pesticide or device. [1971 ex.s. c 190 §
35.]
15.58.350
15.58.360 No recovery of damages when probable
cause. No state court shall allow the recovery of damages
from administrative action taken or for "stop sale, use or
removal" if the court finds that there was probable cause for
such action. [1971 ex.s. c 190 § 36.]
15.58.360
15.58.370 Results of analyses to be published. The
department shall publish at least annually and in such form as
it may deem proper, results of analyses based on official samples as compared with the analyses guaranteed and information concerning the distribution of pesticides: PROVIDED,
That individual distribution information shall not be a public
record. [1971 ex.s. c 190 § 37.]
15.58.370
15.58.380 Board to advise director. The *pesticide
advisory board shall advise the director on any or all problems relating to the formulation, distribution, storage, trans15.58.380
(2010 Ed.)
15.58.445
portation, disposal, and use of pesticides in the state. [1971
ex.s. c 190 § 38.]
*Reviser’s note: The "pesticide advisory board" was eliminated pursuant to 2010 1st sp.s. c 7 § 132.
15.58.400 Cooperation and agreements with other
agencies. The director is authorized to cooperate with and
enter into agreements with any other agency of the state, the
United States, and any other state or agency thereof for the
purpose of carrying out the provisions of this chapter and
securing uniformity of regulation. [1971 ex.s. c 190 § 40.]
15.58.400
15.58.405 Emergency situations—Special local
needs—Experimental use permits. For the purpose of
exercising the authority granted to the state under the provisions of FIFRA, the director may:
(1) Meet emergency conditions in this state by applying
for an exemption from any provision of FIFRA as provided
for by section 18 of that act. If such exemption is granted by
the administrator of EPA the director may carry out and
enforce the requirements and conditions of the exemption;
(2) Comply with the requirements necessary to issue special local needs registration under section 24(c) of FIFRA;
and
(3) Comply with the requirements necessary to issue
experimental use permits under section 5(f) of FIFRA. [1979
c 146 § 5.]
15.58.405
15.58.411 Use of license fees—Deposit of money collected for civil penalties. All license fees collected under
this chapter shall be paid to the director for use exclusively in
the enforcement of this chapter. All moneys collected for
civil penalties levied under this chapter shall be deposited in
the state general fund. [1997 c 242 § 8; 1995 c 374 § 67.]
15.58.411
Additional notes found at www.leg.wa.gov
15.58.420 Report to legislature. By February 1st of
each year the department shall report to the appropriate committees of the house of representatives and the senate on the
activities of the department under this chapter. The report
shall include, at a minimum, a review of the department’s
enforcement activities, with the number of cases investigated
and the number and amount of civil penalties assessed. [1997
c 242 § 9; 1989 c 380 § 30.]
15.58.420
15.58.445 Wood destroying organism inspections—
License required. It is unlawful for any business to conduct
complete wood destroying organism inspections without
having obtained a company license from the director. Application for a structural pest inspection company license must
be on a form prescribed by the director. The application must
include the following information:
(1) The full name of the individual applying for such
license;
(2) The full name of the company that employs structural
pest inspectors;
(3) The physical and mailing addresses of the company,
and the telephone and facsimile numbers, if available;
(4) A list of the names of the structural pest inspectors
who are employed by the company;
15.58.445
[Title 15 RCW—page 109]
15.58.450
Title 15 RCW: Agriculture and Marketing
(5) The unique business identifier for the company; and
(6) Any other necessary information prescribed by the
director.
Any changes to the information on the prescribed structural pest inspection company license form shall be reported
by the company to the department within thirty days of the
change. [2003 c 212 § 8.]
15.58.450 Wood destroying organism inspection
report—Unique inspection control number required. It is
unlawful for any person to issue a wood destroying organism
inspection report, prepared in conjunction with the transfer,
exchange, or refinancing of any structure, without recording
a unique inspection control number on the wood destroying
organism inspection report. All wood destroying organism
inspection reports completed by the same inspector, relating
to a single transfer, exchange, or refinance, shall bear the
same unique inspection control number. The responsibility to
record the unique inspection control number on the report
under this section lies solely with the person issuing the wood
destroying organism inspection report. [2000 c 96 § 2.]
15.58.450
15.58.460 Structural pest inspector—Evidence of
financial responsibility required—Exemptions. (1) The
director shall not issue a license to any individual who
intends to act as a structural pest inspector until evidence of
financial responsibility, required and described in subsection
(2) of this section, is furnished by the applicant or the business employing the applicant. Licensed commercial applicators that have met the requirements of RCW 17.21.160 and
their licensed commercial operator employees are exempt
from this financial responsibility requirement when performing specific wood destroying organism inspections. Public
employees licensed to perform structural pest inspections are
exempt from this licensing requirement when acting within
their official capacities.
(2) Evidence of financial responsibility, consisting of
one of the following, must be provided and maintained as a
condition of licensure:
(a) An errors and omissions insurance policy, the amount
and terms of which are consistent with the requirements of
RCW 15.58.465(1)(a);
(b) A surety bond, the amounts and terms of which are
consistent with the requirements of RCW 15.58.465(1)(b);
(c) A surety bond and an errors and omissions insurance
policy, the amount and terms of which are consistent with the
requirements of RCW 15.58.465(1)(c);
(d) An assigned account, the amount and terms of which
are consistent with the requirements of RCW
15.58.465(1)(d);
(e) Any other type of evidence of financial responsibility
identified by the director by rule that provides coverage
equivalent to that provided by any of (a) through (d) of this
subsection.
(3) Evidence of financial responsibility must be supplied
to the department on a financial responsibility insurance certificate, surety bond form, assigned account form, or other
form prescribed by the director with regard to evidence provided under subsection (2)(e) of this section. [2003 c 212 §
9; 2000 c 96 § 3.]
15.58.460
[Title 15 RCW—page 110]
15.58.465
15.58.465 Structural pest inspector—Forms of evidence of financial responsibility—Amount—Terms. (1)
The following requirements apply to the forms of evidence of
financial responsibility required under RCW 15.58.460.
(a) Errors and Omissions Insurance. The amount of
the errors and omissions insurance policy required by RCW
15.58.460(2)(a) shall not be less than twenty-five thousand
dollars. The insurance policy shall be maintained at not less
than the required sum at all times during the licensed period.
The insurance policy shall provide coverage for errors and
omissions in an inspection conducted during the term of the
policy. However, the policy may limit the insurer’s liability
on the policy in effect at the time of the inspection to two
years from the date of the inspection.
(b) Surety Bond. The amount of the surety bond
required by RCW 15.58.460(2)(b) shall not be less than
twenty-five thousand dollars. The surety bond shall be maintained at not less than the required sum at all times during the
licensed period. Any person having a claim against the structural pest inspector for legal damages as a result of the actions
of the structural pest inspector may bring suit upon the bond
in the court of the county in which the inspection took place
or of the county in which jurisdiction of the structural pest
inspector may be had. The surety issuing the bond shall be
named as a party to any suit upon the bond. The suit upon the
bond must be commenced within two years of the date of the
inspection.
(c) Surety Bond and Errors and Omissions Insurance. The amount of the surety bond required by RCW
15.58.460(2)(c) shall not be less than twelve thousand five
hundred dollars. Except as to the amount of the bond, the
terms of the bond shall be identical to those set forth in (b) of
this subsection. The amount of the errors and omissions
insurance policy required by RCW 15.58.460(2)(c) shall not
be less than twenty-five thousand dollars. The insurance policy shall be maintained at not less than the required sum at all
times during the licensed period. The insurance policy shall
provide coverage for errors and omissions in an inspection
conducted during the term of the policy.
(d) Assigned Account. The amount of the assigned
account required by RCW 15.58.460(2)(d) shall not be less
than twenty-five thousand dollars. The assigned account
shall be held by the department to satisfy any execution on a
judgment issued against the inspector for legal damages
resulting from errors and omissions in the conduct of an
inspection, according to the provisions of the assigned
account agreement. The department has no liability for payment in excess of the amount of the assigned account.
(i) The assigned account agreement filed with the director as evidence of financial responsibility shall be canceled at
the expiration of two years after the inspector’s license has
expired or been revoked, or at the expiration of two years
after the inspector has furnished another form of evidence of
financial responsibility required by RCW 15.58.460, unless
legal action has been instituted against the inspector prior to
the expiration of the two-year period and the director has
been provided written notice of the same by the claimant. In
such a case the director shall not cancel the assigned account
agreement until the director either receives a copy of the
order dismissing the action by registered or certified mail, or
(2010 Ed.)
Apiaries
has received a copy of the unsatisfied judgment and has complied with the requirements of (d)(ii) of this subsection.
(ii) Any person having an unsatisfied final judgment
against the inspector for legal damages awarded based on
errors and omissions in the conduct of an inspection may execute upon the funds in the assigned account by serving a certified copy of the unsatisfied final judgment by registered or
certified mail upon the department within one year of the date
of entry of such judgment. Upon the receipt of service of
such certified copy the department shall direct the financial
institution to pay from the assigned account, through the registry of the court which rendered judgment, towards the
amount of the unsatisfied judgment. The priority of payment
from the assigned account shall be the order of receipt of the
final judgment by the department.
(2) Nothing in subsection (1) of this section that limits
the time period in which a suit must be commenced on a
surety bond or in which a claim must be made on a policy
effects the statute of limitations applicable to any claim any
person may have against the structural pest inspector or company.
(3) The director may only accept a surety bond or insurance policy as evidence of financial responsibility if the bond
or policy is issued by an insurer authorized to do business in
this state. The director shall be notified ten days before any
reduction of insurance coverage at the request of the applicant or cancellation of the surety bond or insurance by the
surety or insurer and by the insured.
(4) The total and aggregate of the surety and insurer for
all claims is limited to the face of the surety bond or insurance
policy. The director may accept a surety bond or insurance
policy in the proper sum that has a deductible clause in an
amount not exceeding five thousand dollars for the total
amount of surety bond or insurance required by this section.
If the applicant has not satisfied the requirement of the
deductible amount in any prior legal claim the deductible
clause may not be accepted by the director unless the applicant furnishes the director with a surety bond or insurance
policy which satisfies the amount of the deductible as to all
claims that may arise. [2003 c 212 § 10; 2000 c 96 § 4.]
15.58.470
15.58.470 Structural pest inspector—Failure to meet
financial responsibility requirements. Whenever the form
of evidence of financial responsibility for a structural pest
inspector license is reduced below the requirements of RCW
15.58.465 or no longer applies to the structural pest inspector,
or whenever the licensee or the business that employs the licensee has failed to provide evidence of financial responsibility as required by RCW 15.58.460 by the expiration date of
any previous form of evidence of financial responsibility, the
director shall immediately suspend the structural pest inspector license until the requirements of RCW 15.58.465 are met
again. [2003 c 212 § 11; 2000 c 96 § 5.]
15.58.900
15.58.900 Effective date—1971 ex.s. c 190. The effective date of this act is July 1, 1971: PROVIDED, That the
effective date of sections 21, 22 and 23 is March 1, 1973.
[1971 ex.s. c 190 § 42.]
(2010 Ed.)
Chapter 15.60
15.58.901 Effective date—2000 c 96. This act takes
effect July 1, 2000. [2000 c 96 § 10.]
15.58.901
15.58.910 Continuation of rules adopted pursuant to
repealed sections. The repeal of RCW 15.57.010 through
15.57.930 and the enactment of this chapter shall not be
deemed to have repealed any rules adopted under the provisions of RCW 15.57.010 through 15.57.930 in effect immediately prior to such repeal and not inconsistent with the provisions of this chapter. All such rules shall be considered to
have been adopted under the provisions of this chapter.
[1989 c 380 § 31; 1971 ex.s. c 190 § 43.]
15.58.910
15.58.920 Existing liabilities not affected. The enactment of this chapter shall not have the effect of terminating,
or in any way modifying, any liability, civil or criminal,
which shall already be in existence on the date this chapter
becomes effective. [1971 ex.s. c 190 § 44.]
15.58.920
15.58.940 Severability—1971 ex.s. c 190. If any provisions of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1971 ex.s. c 190 § 46.]
15.58.940
15.58.941 Severability—1979 c 146. If any provision
of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 c 146 § 7.]
15.58.941
15.58.942 Severability—1989 c 380. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 380 § 88.]
15.58.942
15.58.943 Effective date—2003 c 212. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect July 1, 2003.
[2003 c 212 § 12.]
15.58.943
Chapter 15.60
Chapter 15.60 RCW
APIARIES
Sections
15.60.005
15.60.010
15.60.021
15.60.031
15.60.040
15.60.055
15.60.065
15.60.075
15.60.085
15.60.095
15.60.900
15.60.901
Definitions.
Apiary advisory committee.
Registration of hives.
Late registration fee.
Money collected under chapter—Placement—Disbursement.
Violations—Penalty.
Apiary coordinated areas—Hearing to establish.
Apiary coordinated areas—Order describing.
Apiary coordinated areas—Boundary change procedure.
Apiary coordinated areas within certain counties.
Severability—1977 ex.s. c 362.
Effective date—2000 c 100.
Honey, standards and marketing: Chapter 69.28 RCW.
Honey bee commission: Chapter 15.62 RCW.
[Title 15 RCW—page 111]
15.60.005
Title 15 RCW: Agriculture and Marketing
15.60.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Department" means the department of agriculture of
the state of Washington.
(2) "Director" means the director of the state department
of agriculture or the director’s authorized representative.
(3) "Apiary" means a site where hives of bees or hives
are kept or found.
(4) "Apiarist" means any person who owns bees or is a
keeper of bees in Washington.
(5) "Bees" means adult insects, eggs, larvae, pupae, or
other immature stages of the species Apis mellifera.
(6) "Colony" refers to a natural group of bees having a
queen or queens.
(7) "Hive" means a manufactured receptacle or container
prepared for the use of bees, that includes movable frames,
combs, and substances deposited into the hive by bees.
(8) "Person" means a natural person, individual, firm,
partnership, company, society, association, corporation or
every officer, agent, or employee of one of these entities.
(9) "Broker" means a person who is engaged in pollinating agricultural crops for a fee using hives that are owned by
another person. [2000 c 100 § 1; 1994 c 178 § 1; 1993 c 89 §
1; 1988 c 4 § 1; 1977 ex.s. c 362 § 1; 1961 c 11 § 15.60.005.
Prior: 1955 c 271 § 1.]
15.60.005
15.60.010 Apiary advisory committee. The director
may establish an apiary advisory committee including members representing the major segments of the apiary industry
including commercial and noncommercial beekeepers, representatives from the Washington State University apiary program or cooperative extension, and receivers of pollination
services as deemed appropriate.
The committee shall advise the director on administration of this chapter and issues affecting the apiary industry.
The committee may also advise the director on the funding of
research projects of benefit to the apiary industry.
The committee shall meet at the call of the director.
Members of the committee shall serve without compensation
but may be reimbursed for travel expenses incurred in attending meetings of the committee and any other official duty
authorized by the director, pursuant to RCW 43.03.050 and
43.03.060. [2000 c 100 § 2; 1994 c 178 § 3; 1993 c 89 § 3;
1975-’76 2nd ex.s. c 34 § 16; 1961 c 11 § 15.60.010. Prior:
1933 ex.s. c 59 § 1; RRS § 3170-1; prior: 1919 c 116 § 1.]
15.60.010
Additional notes found at www.leg.wa.gov
15.60.021 Registration of hives. (1) Each person owning one or more hives with bees, brokers renting hives, and
apiarists resident in other states who operate hives in Washington shall register with the director by April 1st each year.
(2) The registration application shall include:
(a) The name, address, and phone number of the apiarist
or broker;
(b) The number of colonies of bees to be owned, brokered, or operated in Washington that year;
(c) A registration fee as prescribed in rule by the director,
with the advice of the apiary advisory committee; and
(d) Any other information required by the department by
rule.
15.60.021
[Title 15 RCW—page 112]
(3) The director shall issue to each apiarist or broker registered with the department an apiarist identification number.
[2000 c 100 § 3; 1994 c 178 § 6; 1993 c 89 § 11; 1988 c 4 §
9; 1977 ex.s. c 362 § 5; 1961 c 11 § 15.60.050. Prior: 1933
ex.s. c 59 § 6; RRS § 3170-6. Formerly RCW 15.60.050.]
15.60.031 Late registration fee. A late fee of one and
one-half percent per month shall be assessed on registration
fees received after April 1st. [2000 c 100 § 4; 1994 c 178 §
5; 1993 c 89 § 10; 1988 c 4 § 8; 1981 c 296 § 9; 1977 ex.s. c
362 § 9. Formerly RCW 15.60.043.]
15.60.031
Additional notes found at www.leg.wa.gov
15.60.040 Money collected under chapter—Placement—Disbursement. All money collected under this chapter shall be placed in an account in the agricultural local fund.
Money in the account shall be used to carry out the purposes
of this chapter and may be used for apiary-related activities of
the department or funding research projects of benefit to the
apiary industry that the director may select upon the advice of
the apiary advisory committee. No appropriation is required
for disbursement from the account. [2000 c 100 § 5; 1994 c
178 § 4; 1993 c 89 § 8; 1988 c 4 § 6; 1981 c 296 § 8; 1977
ex.s. c 362 § 4; 1961 c 11 § 15.60.040. Prior: 1959 c 174 § 1;
1955 c 271 § 6; prior: (i) 1949 c 105 § 2; 1933 ex.s. c 59 § 3;
Rem. Supp. 1949 § 3170-3. (ii) 1933 ex.s. c 59 § 4; RRS §
3170-4.]
15.60.040
Additional notes found at www.leg.wa.gov
15.60.055 Violations—Penalty. (1) Except as provided
in subsection (2) of this section, a person who violates or fails
to comply with any of the provisions of this chapter or any
rule adopted under this chapter is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor.
(3) Whenever the director finds that a person has committed a violation of any of the provisions of this chapter or
any rule adopted under this chapter and that violation has not
been punished as a misdemeanor or gross misdemeanor, the
director may impose and collect a civil penalty not exceeding
one thousand dollars for each violation. Each violation shall
be a separate and distinct offense. A person who knowingly,
through an act of omission or commission, procures or aids or
abets in the violation shall be considered to have violated this
section and may be subject to the civil penalty. [2003 c 53 §
107; 1993 c 89 § 17; 1991 c 363 § 15; 1989 c 354 § 64. Formerly RCW 15.60.170.]
15.60.055
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Additional notes found at www.leg.wa.gov
15.60.065 Apiary coordinated areas—Hearing to
establish. When the county legislative authority determines
that it would be desirable to establish an apiary coordinated
area or areas in their county, they shall make an order fixing
a time and place when a hearing will be held, notice of which
shall be published at least once each week for two successive
weeks in a newspaper having general circulation within the
15.60.065
(2010 Ed.)
Ladybugs and Other Beneficial Insects
county. It shall be the duty of the county legislative authority
at the time fixed for such hearing, to hear all persons interested in the establishment of apiary coordinated areas as
defined in *RCW 15.60.180, 15.60.190, and 15.60.210.
[1993 c 89 § 18; 1989 c 354 § 65. Formerly RCW 15.60.180.]
*Reviser’s note: RCW 15.60.180, 15.60.190, and 15.60.210 were
recodified as RCW 15.60.065, 15.60.075, and 15.60.085, respectively, pursuant to 2000 c 100 § 7, effective June 30, 2001.
Additional notes found at www.leg.wa.gov
15.60.075 Apiary coordinated areas—Order describing. Within thirty days after the conclusion of any such hearing the county legislative authority shall make an order
describing the apiary coordinated areas within the county as
to the maximum allowable number of hives per site, the minimum allowable distance between sites, and the minimum
required setback from property lines. The order shall be
entered upon the records of the county and published in a
newspaper having general circulation in the county at least
once each week for four successive weeks. [1989 c 354 § 66.
Formerly RCW 15.60.190.]
15.60.075
Additional notes found at www.leg.wa.gov
15.60.085 Apiary coordinated areas—Boundary
change procedure. When the county legislative authority of
any county deems it advisable to change the boundary or
boundaries of any apiary coordinated area, a hearing shall be
held in the same manner as provided in *RCW 15.60.180. If
the county legislative authority decides to change the boundary or boundaries of any apiary coordinated area or areas,
they shall within thirty days after the conclusion of such hearing make an order describing the change or changes. Such
order shall be entered upon the records of the county and published in a newspaper having general circulation in the
county once each week for four successive weeks. [1989 c
354 § 68. Formerly RCW 15.60.210.]
15.60.085
*Reviser’s note: RCW 15.60.180 was recodified as RCW 15.60.065
pursuant to 2000 c 100 § 7, effective June 30, 2001.
Additional notes found at www.leg.wa.gov
15.60.095 Apiary coordinated areas within certain
counties. The county legislative authority of any county with
a population of from forty thousand to less than seventy thousand located east of the Cascade crest and bordering in the
southern side of the Snake river shall have the power to designate by an order made and published, as provided in *RCW
15.60.190, certain territories as apiary coordinated areas in
which they may designate the number of colonies per apiary,
the distance between apiaries, the minimum required setback
distance from property lines, and the time of year the regulations shall be in effect. No territory so designated shall be less
than two square miles in area. [1993 c 89 § 20. Formerly
RCW 15.60.220.]
15.60.095
*Reviser’s note: RCW 15.60.190 was recodified as RCW 15.60.075
pursuant to 2000 c 100 § 7, effective June 30, 2001.
15.60.900 Severability—1977 ex.s. c 362. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1977 ex.s. c 362 § 11.]
15.60.900
(2010 Ed.)
15.61.900
15.60.901 Effective date—2000 c 100. This act takes
effect June 30, 2001. [2000 c 100 § 9.]
15.60.901
Chapter 15.61 RCW
LADYBUGS AND OTHER BENEFICIAL INSECTS
Chapter 15.61
Sections
15.61.010
15.61.020
15.61.030
15.61.040
15.61.050
15.61.900
Administrative declaration—Regulation of commercial movement.
Intergovernmental cooperation.
Injunctions.
Nonapplicability to honey bees and insects used for research.
Violations—Penalty.
Severability—1963 c 232.
15.61.010 Administrative declaration—Regulation
of commercial movement. The director of agriculture in
order to protect the production of native and/or domestic
plants or their products in this state, may declare ladybugs or
any other insects to be beneficial insects and necessary to
maintain a beneficial biological balance over insects which
are detrimental to such native and/or domestic plants or their
products. Such declaration shall be made only after a hearing
as prescribed in the administrative procedure act, chapter
34.05 RCW.
Upon declaring ladybugs or other insects to be beneficial
insects the director of agriculture may regulate or prohibit the
commercial movement of such beneficial insects from this
state. [1963 c 232 § 10.]
15.61.010
15.61.020 Intergovernmental cooperation. The director of agriculture may cooperate and enter into agreements
with governmental agencies, other states, and agencies of the
federal government to carry out the purposes and provisions
of this chapter or rules adopted hereunder. [1963 c 232 § 11.]
15.61.020
15.61.030 Injunctions. The director of agriculture may
bring an action to enjoin the violation of any provision of this
chapter or rule adopted pursuant to said sections in the county
where such violation has occurred, notwithstanding the existence of any other remedies at law. [1963 c 232 § 12.]
15.61.030
15.61.040 Nonapplicability to honey bees and insects
used for research. The provisions of this chapter shall not
apply to honey bees or to those beneficial insects used for
research purposes. [1963 c 232 § 13.]
15.61.040
15.61.050 Violations—Penalty. (1) Except as provided
in subsection (2) of this section, any person violating the provisions of this chapter or rules adopted hereunder is guilty of
a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense. [2003
c 53 § 108; 1963 c 232 § 14.]
15.61.050
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
15.61.900 Severability—1963 c 232. If any provision
of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
15.61.900
[Title 15 RCW—page 113]
Chapter 15.62
Title 15 RCW: Agriculture and Marketing
provision to other persons or circumstances is not affected.
[1963 c 232 § 15.]
Chapter 15.62
Chapter 15.62 RCW
HONEY BEE COMMISSION
Sections
15.62.010
15.62.020
15.62.030
15.62.040
15.62.050
15.62.060
15.62.070
15.62.080
15.62.090
15.62.100
15.62.110
15.62.120
15.62.130
15.62.140
15.62.150
15.62.160
15.62.170
15.62.180
15.62.190
15.62.200
15.62.210
15.62.220
15.62.230
15.62.300
15.62.310
15.62.900
15.62.910
Purpose and findings.
Definitions.
Commission established by referendum.
Powers and duties of commission.
Commission compositions—Eleven positions.
Position qualifications.
Terms of office—Vacancies.
Apiarist members—Election.
Notice, elections, referenda—Lists of apiarists, manufacturers,
processors, and first handlers.
Costs of elections and referendums—Reimbursement.
Quorum—Travel expenses.
Certified copies of commission’s proceedings, records, and
acts—Admissible in court.
Commission officers—Members’ fidelity bonds.
Assessments—Minimum—Increase.
Assessments—Collection—Deposit in local fund—Gifts,
grants, and endowments—Failure to remit assessment.
Assessment error—Refund.
Recordkeeping.
Reporting.
Promotional printing and literature—Exempt from public
printing requirements.
Audit of records of affected persons.
Nonliability of state—Salaries, expenses, and liabilities.
Violations—Misdemeanor.
Prosecutions—Superior court jurisdiction—Equitable remedies.
Termination, suspension, or continuance of commission.
Termination or suspension of commission.
Liberal construction.
Severability—1989 c 5.
Apiary regulation: Chapter 15.60 RCW.
15.62.010 Purpose and findings. The purpose of this
chapter is to advance the public welfare and education and to
promote the interest, products, services, and stabilization of
Washington’s honey bee industry.
The legislature finds that:
(1) Increasing the consumption of products of the honey
bee industry and promoting the use of its services and stabilizing the honey bee industry within the state and nation is a
valid and necessary exercise of the power of the state to protect the public health, to provide for the economic development of the state, and to promote the welfare of the people of
the state;
(2) Honey bee industry products produced and services
provided in Washington make an important contribution to
the agricultural industry of the state of Washington. The business of researching, marketing, and distributing such products and the promotion of its services is in the public interest;
(3) It is necessary to enhance the reputation of Washington honey bee industry products and services in domestic and
national markets;
(4) It is necessary to promote and educate the public
regarding the value of honey bee industry products and services, and to spread that knowledge throughout the state and
nation to increase the awareness and consumption of honey
bee products and the use of honey bee services;
(5) State and national markets for Washington honey bee
industry products may benefit from promotion of honey bee
products through education and advertising;
15.62.010
[Title 15 RCW—page 114]
(6) It is necessary to stabilize the Washington honey bee
industry, to enlarge its markets, and increase the consumption
of Washington honey bee industry products and services to
assure the payment of taxes to the state and its subdivisions,
to alleviate unemployment, and to provide for higher wage
scales for agricultural labor and maintenance of a reasonable
standard of living;
(7) Providing information to the public on the manner,
cost, and expense of producing, and the care taken to produce
and sell, honey bee industry products and services of the
highest quality, the methods and care used in their preparation for market, and the methods of sale and distribution is in
the public interest;
(8) It is necessary to protect the public by educating it on
the various benefits of honey bee industry services, the food
value of its products, and their industrial and medicinal uses.
[1989 c 5 § 1.]
15.62.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Affected person" means an apiarist, manufacturer,
processor, first handler, broker, or volunteer who shall pay to
the commission the minimum assessments required in RCW
15.62.140.
(2) "Apiarist" means any person, firm, partnership, association, or corporation who owns, operates, manages, or brokers ten or more honey bee (Apis mellifera) colonies or any
volunteer participant having less than ten colonies in the state
of Washington.
(3) "Bee colony" means a natural group of honey bees
containing seven thousand or more workers and one or more
queens, housed in a man-made hive with movable frames,
and operated as a beekeeping unit.
(4) "Broker" means any person other than an apiarist
who, for a fee, places or sets twenty-five or more bee colonies
for pollination or buys and sells one thousand dollars or more
per year of industry products he or she does not produce or
manufacture.
(5) "Commission" means the Washington state honey
bee industry commission or its authorized agents.
(6) "Department" means the department of agriculture.
(7) "Director" means the director of the department of
agriculture.
(8) "First handler" means any person in Washington who
imports industry products or bee supplies and equipment into
Washington for processing, packing, or sale in the state of
Washington.
(9) "Industry products" means queen bees, packaged
bees, and items which are made by bees including, but not
limited to, honey, pollen, bees wax, and propolis and items
manufactured for use in the honey bee industry as enumerated under "manufacturer" in this section.
(10) "Manufacturer" means any person making bee supplies and equipment such as: Supers (hive boxes), frames,
bees wax foundation, smokers, extractors, bee veils, pollen
traps, queen rearing equipment, bee cages and packages,
queen excluders, and other bee supplies used in the honey bee
industry.
(11) "Person" means any individual, firm, partnership, or
corporation engaged in the apiculture industry.
15.62.020
(2010 Ed.)
Honey Bee Commission
(12) "Processor" means any person processing, selling,
marketing, or distributing bee industry products.
(13) "Retail sales" means those sales made directly to
consumers whether apiarists, brokers, or persons involved in
the apiculture industry, or the public. [1989 c 5 § 2.]
15.62.030 Commission established by referendum.
The Washington state honey bee commission shall be established following approval of a referendum by a majority of
the affected apiarists and brokers, as set forth in RCW
15.62.140(4) for assessment increases. [1989 c 5 § 3.]
15.62.030
15.62.040 Powers and duties of commission. The
commission shall have the following powers and duties:
(1) To elect a chairperson and other officers as it deems
advisable;
(2) To promulgate rules and regulations under the
administrative procedure act, chapter 34.05 RCW, and RCW
15.04.200 as necessary to effectuate the purpose and policies
of this chapter;
(3) To administer and enforce the provisions of this
chapter and perform all acts and exercise all powers reasonably necessary to fulfill the purpose thereof;
(4) To employ and discharge advertising agents, attorneys as permitted by the attorney general, agents, and
employees as it deems necessary, and to prescribe their duties
and powers and fix their compensation;
(5) To establish offices, hire employees who shall be
exempt from chapter 41.06 RCW, incur expenses which shall
not exceed revenues, enter into contracts, and create such liabilities as are reasonable and proper for the administration of
this chapter;
(6) To investigate and refer violations of this chapter to
local prosecuting attorneys or special prosecutors appointed
by the commission and the local prosecuting attorney;
(7) To contract for scientific research designed to
improve production, pollination, management, quality, processing, and distribution and to develop and discover uses for
products of the honey bee industry;
(8) To make in its name advertising contracts and other
agreements necessary to promote the industry and bee products and services in state, national, and foreign markets;
(9) To keep accurate records of all commission dealings,
which shall be open to public inspection and audit by authorized state agencies;
(10) To contract for research to develop more efficient
methods of promoting the honey bee industry and its products and services;
(11) To develop and conduct educational programs for
the benefit of industry and to inform the public regarding
Washington’s honey bee industry;
(12) To enter into contracts and agreements for purposes
consistent with this chapter;
(13) To publish at least an annual report of its activities
and financial status subject to audit by the state auditor;
(14) To establish an operating monetary reserve and
carry over to subsequent fiscal periods any excess funds in
the reserve: PROVIDED, That the reserve funds shall not
exceed one fiscal period’s budget. The reserve funds shall
15.62.040
(2010 Ed.)
15.62.060
only be used to defray any expenses authorized under this
chapter;
(15) To audit any affected person’s records as described
in RCW 15.62.200; and
(16) To consider the assessment of honey or manufactured bee supplies produced or sold in Washington. Assessments shall only be levied after a referendum is conducted
and approved by a majority vote, as set forth in RCW
15.62.140(4), of persons engaged in the honey bee industry
of Washington. [1989 c 5 § 13.]
15.62.050 Commission compositions—Eleven positions. The commission shall consist of the following members:
(1) Apiarist position one shall represent area one, which
includes the counties of Whatcom, San Juan[,] Island, Skagit,
Snohomish, and King; and
(2) Apiarist position two shall represent area two, which
includes the counties of Pierce, Kitsap, Clallam, Jefferson,
Grays Harbor, Mason, Thurston, Pacific, Lewis, Wahkiakum, Cowlitz, Clark, [and] Skamania; and
(3) Apiarist positions three and four shall represent area
three, which includes the counties of Kittitas, Yakima, Klickitat, and Benton; and
(4) Apiarist position five shall represent area four, which
includes the counties of Okanogan, Chelan, and Douglas; and
(5) Apiarist position six shall represent area five, which
includes the counties of Grant, Adams, Franklin, Walla
Walla, Columbia, Garfield, Asotin, and Whitman; and
(6) Apiarist position seven shall represent area six,
which includes the counties of Spokane, Lincoln, Ferry,
Stevens, and Pend Oreille; [and]
(7) Position eight, appointed by the director, shall be a
manufacturer or broker of industry products representing
Washington residents engaged in the apiculture industry; and
(8) Position nine, appointed by the director, shall be a
processor or first handler representing residents engaged in
Washington’s honey bee industry; and
(9) Position ten shall be the director of the Washington
state department of agriculture, who shall be a nonvoting ex
officio member; and
(10) Position eleven, appointed by the director, may be
an affected person representing out-of-state interests who are
not Washington residents but are active as affected persons in
Washington. [1989 c 5 § 4.]
15.62.050
15.62.060 Position qualifications. (1) Commission
positions one through seven shall be filled by persons who
meet the following requirements:
(a) Resident of this state;
(b) Resident of the area they represent; and
(c) Actually engaged in owning, operating, or as a broker
of bee colonies for the five years immediately preceding their
election.
(2) Commission positions eight and nine shall be filled
by persons who meet the following requirements:
(a) Resident of this state; and
(b) Actually engaged as a manufacturer, broker of industry products, processor, or first handler for the five years
immediately preceding their election.
15.62.060
[Title 15 RCW—page 115]
15.62.070
Title 15 RCW: Agriculture and Marketing
(3) Commission members shall be immediately disqualified if they no longer meet the qualifications during their
terms of office. The vacancy on the commission shall be
filled according to *section 38 of this act.
(4) Position eleven shall be filled by a person who qualifies under subsection (1)(c) or (2)(b) of this section and is not
a resident of Washington. [1989 c 5 § 5.]
*Reviser’s note: The reference to "section 38 of this act" is incorrect.
Apparently a reference to "section 6 of this act," codified as RCW 15.62.070,
was intended.
15.62.070 Terms of office—Vacancies. (1) The regular terms of office of each elected member of the commission
shall be three years, except that the term of office for the initial members shall be as follows:
(a) Positions for areas one, four, and seven - one year.
(b) Positions for areas two, five, and eight - two years.
(c) Positions for areas three, six, and nine - three years.
(d) If filled, position for area eleven - three years.
(2) No elected member of the board may serve more than
two full consecutive three-year terms.
(3) Terms of office shall end on August 31 of the last
year of the elected or appointed term.
(4) Any vacancies on the commission shall be filled by
a person meeting the qualifications established in *section 37
of this act appointed by the other voting members of the commission. The appointee shall hold office for the remainder of
the term, at which time an election for that position shall be
conducted. [1989 c 5 § 6.]
15.62.070
*Reviser’s note: The reference to "section 37 of this act" is incorrect.
Apparently a reference to "section 5 of this act," codified as RCW 15.62.060,
was intended.
15.62.080 Apiarist members—Election. (1) Apiarist
members of the commission shall be nominated and elected
by the apiarists within the district they are to represent in the
year in which a member’s term expires. The candidate receiving the largest number of votes cast shall be elected. The election shall be by secret mail ballot and shall be conducted by
the director, who shall be reimbursed for actual expenses of
conducting the election by the commission.
(2) The director shall provide forms for the nomination
of candidates to each affected person. The nomination form
shall provide for the name of the person being nominated and
the names of five persons supporting the nomination.
(3) The persons nominating the candidate shall affirm
that the candidate meets the qualifications and is willing to
serve by signing the nomination form.
(4) The nomination forms shall be returned to the director by June 30 of the election year, and the director shall not
accept any nomination postmarked later than midnight of that
date.
(5) In the event no nomination is submitted for a position, the director shall nominate at least two, but no more than
three, qualified persons and place their names on the election
ballot as nominees. Any qualified person may be elected by
write-in ballot, even though his or her name was not placed in
nomination.
(6) Ballots for electing commission members shall be
mailed by the director to all apiarists and brokers in areas
where elections are to be held no later than July 15. Ballots,
15.62.080
[Title 15 RCW—page 116]
to be valid, shall be returned to the director postmarked no
later than July 31. Elected persons shall take office effective
September 1 of the year elected except initial elections shall
take place within one hundred twenty days after July 23,
1989. [1989 c 5 § 7.]
15.62.090 Notice, elections, referenda—Lists of apiarists, manufacturers, processors, and first handlers.
(1)(a) The director shall cause a list to be prepared of all apiarists, as defined in RCW 15.62.020, from the list of apiarists
registered with the department under *RCW 15.60.030. A
qualified person may, at any time, have his or her name
placed on the list by registering with the department.
(b) The director shall cause a list to be prepared of manufacturers, processors, and first handlers. The list shall be
prepared from any information the director has at hand or
may readily obtain. A qualified person may, at any time, have
his or her name placed on the list by notifying the department
and providing such information as the department deems necessary to determine whether the person qualifies as a manufacturer, processor, or first handler under RCW 15.62.020.
(c) For all purposes of giving notice and conducting elections or referenda, the lists the director has on hand under this
section, corrected up to the day next preceding the date for
issuing notices or ballots, are, for purposes of this chapter,
deemed to be the lists of all persons entitled to notice or to
assent or dissent or to vote.
(2) Any person may file his or her name and address with
the commission for the purpose of receiving notices regarding the activities of the commission. Persons who are not
Washington residents but are active as affected persons in
this state and who wish to be considered for appointment to
position eleven on the commission may file their names with
the director. A person desiring such consideration must supply such information as the director deems appropriate.
[1989 c 5 § 8.]
15.62.090
*Reviser’s note: RCW 15.60.030 was repealed by 2000 c 100 § 8,
effective June 30, 2001.
15.62.100 Costs of elections and referendums—
Reimbursement. The commission shall reimburse the director for the actual costs incurred in conducting the elections
and referendums, and acquiring lists of affected persons.
[1989 c 5 § 9.]
15.62.100
15.62.110 Quorum—Travel expenses. (1) A majority
of the commission members shall constitute a quorum for the
transaction of all business of the commission.
(2) Members of the commission shall be reimbursed for
travel expenses, as prescribed by the commission, for each
day spent in attendance at, or traveling to and from, commission meetings or when conducting authorized commission
business. [1989 c 5 § 10.]
15.62.110
15.62.120 Certified copies of commission’s proceedings, records, and acts—Admissible in court. Copies of
the proceedings, records, and acts of the commission, when
certified by the secretary, shall be admissible in any court and
be evidence of the truth of the statements therein contained.
[1989 c 5 § 11.]
15.62.120
(2010 Ed.)
Honey Bee Commission
15.62.130 Commission officers—Members’ fidelity
bonds. The commission may elect an executive secretary
who is not a member and fix his or her compensation and may
appoint a treasurer who shall sign all vouchers and receipts
for moneys received by the commission. The commission
shall purchase for each of its members a fidelity bond executed by a surety company authorized to do business in the
state, in favor of the state and the commission, in a sum to be
determined by the commission. [1989 c 5 § 12.]
15.62.130
15.62.140 Assessments—Minimum—Increase. (1)
The commission shall collect annual assessments as follows:
(a) Twenty-five cents for each colony operated by an
apiarist or broker in Washington at any time in a calendar
year. Each colony shall be assessed only once per calendar
year. There shall be a minimum assessment of ten dollars.
(b) The sale of a business enterprise by an apiarist or broker shall not be assessed.
The provisions of this subsection (1) are effective only if
the referendum required by RCW 15.62.030 on the creation
of the commission is adopted.
(2) Subject to approval by referendum, the commission
shall have the power and duty to increase the amount of the
assessments as necessary to fulfill the purposes of this chapter.
(3) In determining the necessity for an assessment
increase, the commission shall consider:
(a) The purpose of the commission;
(b) The extent and probable cost of required research,
promotion, and advertising;
(c) The extent of public convenience, interest, and necessity; and
(d) The expected revenue from the increased assessment.
(4) The increase in assessment shall not become effective until approved by a majority of the affected persons voting in a referendum conducted by the commission. The referendum must be approved by:
(a) Either fifty-one percent of the apiarists and brokers
representing sixty-six percent of the colonies registered in
Washington in the twelve months preceding voting; or
(b) Sixty-six percent of the apiarists and brokers representing fifty-one percent of the colonies registered in Washington in the twelve months preceding voting; and
(c) Either fifty-one percent of manufacturers, processors,
and first handlers representing sixty-six percent of industry
products sold in Washington by its residents; or
(d) Sixty-six percent of manufacturers, processors, and
first handlers representing fifty-one percent of industry products sold in Washington by its residents. [1989 c 5 § 14.]
15.62.140
15.62.150 Assessments—Collection—Deposit in local
fund—Gifts, grants, and endowments—Failure to remit
assessment. (1) All assessments shall be collected by the
commission on a quarterly basis or as otherwise determined
by the commission.
(2) The commission shall create a local fund in a local
financial institution approved by the director and shall
deposit therein, each day, all moneys received by the commission except an amount for petty cash as fixed by commission regulations. Moneys in the fund shall only be expended
15.62.150
(2010 Ed.)
15.62.190
for the purposes of this chapter. Moneys in the fund are not
subject to appropriation.
(3) The commission fund is authorized to receive such
gifts, grants, and endowments from public or private sources
as may be made from time to time, in trust or otherwise, for
the use and benefit of the purposes of the commission and
expend the same or any income therefrom according to the
terms of the gifts, grants, or endowments.
(4) If an affected person fails to remit any assessment,
such assessment plus interest at the rate of one percent per
month from the due date shall constitute a personal debt of
the person assessed or who otherwise owes the assessment
and shall be due and payable within thirty days from the date
it becomes first due the commission. In the event of failure of
the person to pay due and payable assessments, the commission may bring civil action against the person in a state court
of competent jurisdiction for collection thereof, together with
any reasonable costs including attorneys’ fees. The action
shall be tried and judgment rendered as in any other cause of
action for debt due and payable. This provision is in addition
to the penalty section contained in RCW 15.62.220. [1989 c
5 § 15.]
15.62.160 Assessment error—Refund. A person shall
be entitled to a refund of assessed money held by the commission fund when it has been determined by the commission
that the affected person was assessed and made payment in
error. [1989 c 5 § 16.]
15.62.160
15.62.170 Recordkeeping. (1) Each apiarist and broker
shall keep accurate records of the number of colonies owned
or operated during each calendar year.
(2) Each manufacturer shall keep accurate records of
gross sales of industry products or manufactured goods sold
in the state of Washington.
(3) Each processor shall keep accurate records of the
pounds of honey sold in the state of Washington.
(4) Each first-handler shall keep accurate records of the
industry products sold in the state of Washington.
(5) The records shall contain information required by the
commission and shall be preserved for a period of five years.
(6) The records shall be made available for audit upon
request of the commission or its agent, as authorized in RCW
15.62.040 and 15.62.200. [1989 c 5 § 17.]
15.62.170
15.62.180 Reporting. Each affected person shall, as
required, file with the commission a return under oath on
forms to be furnished by the commission, stating the information requested by the commission regarding the ownership,
handling, processing, manufacturing, delivering, shipping,
sale, and brokering of various honey bee industry products
and activities as defined in RCW 15.62.020. The report shall
cover the period or periods of time prescribed by the commission. [1989 c 5 § 18.]
15.62.180
15.62.190 Promotional printing and literature—
Exempt from public printing requirements. The restrictive provisions of chapter 43.78 RCW shall not apply to promotional printing and literature for the Washington state
honey bee commission. [1989 c 5 § 19.]
15.62.190
[Title 15 RCW—page 117]
15.62.200
Title 15 RCW: Agriculture and Marketing
Public printer—Public printing: Chapter 43.78 RCW.
15.62.200 Audit of records of affected persons. The
commission through its agents may audit the records of any
affected person for the purpose of enforcing the provisions of
this chapter. The commission must first notify the affected
person of their intention to audit and may request supporting
documents of the affected person regarding reports submitted
on commission forms under RCW 15.62.180. [1989 c 5 §
20.]
15.62.200
15.62.210 Nonliability of state—Salaries, expenses,
and liabilities. The state shall not be liable for the acts or on
the contracts of the commission, nor shall any member or
employee of the commission be liable on its contracts.
All salaries, expenses, and liabilities incurred by persons
employed or contracting under this chapter for the commission shall be limited to, and payable only from, the funds collected hereunder. [1989 c 5 § 21.]
representing twenty percent of the colonies and industry
products sold in Washington.
Any moneys in the treasury at the time of an affirmative
termination or suspension vote shall first be used to effect all
acts associated with the termination or suspension procedures
and liquidation of the affairs of the commission.
Any residual funds not necessary to defray the expenses
of termination or suspension of the commission shall be
turned over to Washington State University to be used in conducting research on the honey bee Apis mellifera. [1989 c 5
§ 26.]
15.62.210
15.62.220 Violations—Misdemeanor. Any person
who violates or aids in the violation of any provision of this
chapter or any rule or regulation of the commission shall be
guilty of a misdemeanor. [1989 c 5 § 22.]
15.62.220
15.62.230 Prosecutions—Superior court jurisdiction—Equitable remedies. (1) Any prosecution brought
under this chapter may be instituted in any county in which
the defendant or any defendant resides, or in which the violation was committed, or in which the defendant or any defendant has his or her principal place of business.
(2) The commission is hereby vested with the authority
to utilize the services of the local prosecuting attorneys or
special prosecutors as agreed upon by the commission and
the local prosecutor for purposes of carrying out the prosecution of cases brought under this chapter.
(3) The superior courts are hereby vested with jurisdiction to enforce the provisions of this chapter, and the rules
and regulations of the commission issued hereunder, and to
prevent and enjoin and restrain violations thereof. [1989 c 5
§ 23.]
15.62.230
15.62.300 Termination, suspension, or continuance
of commission. In the seventh year following the inception
of the commission, a referendum shall be conducted by the
department of agriculture to determine if the commission is
still desired by the beekeeping industry in Washington. The
commission shall continue if the director finds that affected
apiarists and brokers voting in a referendum conducted as for
an assessment increase in RCW 15.62.140(4) voted in favor
of such continuance, otherwise it shall be terminated or suspended as in RCW 15.62.310. [1989 c 5 § 25.]
15.62.300
15.62.310 Termination or suspension of commission.
The commission shall be terminated or suspended if the
director finds that apiarists and brokers voting in a referendum conducted as for an assessment increase in RCW
15.62.140(4) voted in favor of such termination or suspension. A referendum may be called by a majority of the commission or by twenty percent of the resident affected persons
15.62.310
[Title 15 RCW—page 118]
15.62.900 Liberal construction. This chapter shall be
liberally construed to effectuate the policies and purpose set
forth herein. [1989 c 5 § 24.]
15.62.900
15.62.910 Severability—1989 c 5. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 5 § 27.]
15.62.910
Chapter 15.64
Chapter 15.64 RCW
FARM MARKETING
Sections
15.64.010
15.64.030
15.64.040
15.64.050
15.64.060
Director’s duties and powers.
Studies of farm marketing problems—Rules.
Use of funds for studies—Joint studies with other agencies.
Small farm direct marketing assistance program—Created—
Duties.
Farm-to-school program.
15.64.010 Director’s duties and powers. The director
shall investigate and promote the economical and efficient
distribution of farm products, and in so doing may cooperate
with federal agencies and agencies of this and other states
engaged in similar activities. For such purposes he or she
may:
(1) Maintain a market news service by bulletins and
through newspapers, giving information as to prices, available supplies of different farm products, demand in local and
foreign markets, freight rates, and any other data of interest to
producers and consumers;
(2) Aid producers and consumers in establishing economical and efficient methods of distribution, promoting
more direct business relations by organizing cooperative
societies of buyers and sellers and by other means reducing
the cost and waste in the distribution of farm products;
(3) Investigate the methods of intermediaries handling
farm products, and in so doing, he or she may hear complaints and suggestions and may visit places of business of all
such intermediaries and may examine under oath, the officers
and employees thereof;
(4) If he or she finds further legislation on this subject
advisable, he or she shall make recommendations thereon to
the governor not later than the fifteenth of November of each
even-numbered year;
(5) Investigate the possibilities of direct dealing between
the producer and consumer by parcel post and other mail
order methods;
15.64.010
(2010 Ed.)
Farm Marketing
(6) Assist in the obtaining and employment of farm
labor, and to that end cooperate with federal, state, and
municipal agencies engaged in similar work;
(7) Investigate the methods, charges, and delays of transportation of farm products and assist producers in relation
thereto. [2010 c 8 § 6068; 1961 c 11 § 15.64.010. Prior:
1917 c 119 § 3; RRS § 2876.]
15.64.030 Studies of farm marketing problems—
Rules. The director shall enact rules and regulations governing the pursuit of technical studies of farm marketing problems. Said studies shall be under the supervision of the director of the experimental station of Washington State University. The extension service of Washington State University
shall provide for dissemination to the public of knowledge
gained by such studies. [1961 c 11 § 15.64.030. Prior: 1947
c 280 § 2; Rem. Supp. 1947 § 2909-2.]
15.64.030
15.64.040 Use of funds for studies—Joint studies
with other agencies. Moneys appropriated to the department
for agricultural marketing research shall be expended by the
department to further studies by the department, the experiment station of Washington State University and the extension service of Washington State University. The studies
shall be made jointly or in conjunction with those made by
the United States Department of Agriculture as provided for
in the Flannigan-Hope Act, Title II "The Agricultural Marketing Act of 1946" Public Law 733. All funds appropriated
shall be expended jointly and as matching funds with any federal funds made available for such purposes. [1961 c 11 §
15.64.040. Prior: 1947 c 280 § 1; Rem. Supp. 1947 § 29091.]
15.64.040
15.64.050 Small farm direct marketing assistance
program—Created—Duties. (1) The small farm direct
marketing assistance program is created.
(2) The director shall employ a small farm direct marketing assistant.
(3) The small farm direct marketing assistance program
shall assist small farms in their direct marketing efforts. In
carrying out this duty the program shall:
(a) Assist small farms in complying with federal, state,
and local rules and regulations as they apply to direct marketing of agricultural products;
(b) Assist in developing infrastructure to increase direct
marketing opportunities for small farms;
(c) Provide information on direct marketing opportunities for small farms;
(d) Promote localized food production systems;
(e) Increase access to information for farmers wishing to
sell farm products directly to consumers;
(f) Identify and help reduce market barriers facing small
farms in direct marketing;
(g) Assist in developing and submitting proposals to
grant programs to assist small farm direct marketing efforts;
and
(h) Perform other functions that will assist small farms in
directly marketing their products. [2007 c 522 § 947; 2007 c
122 § 1; 2001 2nd sp.s. c 3 § 2.]
15.64.050
(2010 Ed.)
15.64.060
Severability—2007 c 522: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2007 c 522 § 1801.]
Effective date—2007 c 522: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 15, 2007]." [2007 c 522 § 1802.]
Findings—2001 2nd sp.s. c 3: "The legislature finds that:
(1) Many consumers in this state appreciate and seek out the opportunity to purchase local farm products.
(2) Consumers and small-scale farmers would both benefit from
increased opportunities to market farm products locally. Direct marketing
provides farmers with the opportunity to realize an increased share of consumers’ food dollars and provides consumers with a greater opportunity to
support local agriculture and understand farm operations, farm culture, and
the role farms play in meeting our food needs.
(3) The state would greatly benefit from a focused effort to increase the
economic viability and profitability of small farms through increasing their
ability to market their products directly to consumers.
(4) Direct marketing opportunities are often not feasible for farmers to
undertake because of market barriers and the difficulty of obtaining information related to marketing.
(5) A direct marketing assistance program for small farmers could provide the needed information, technical assistance, and barrier clearing work
that is a key to increasing direct marketing of farm products." [2001 2nd
sp.s. c 3 § 1.]
15.64.060
15.64.060 Farm-to-school program. (1) A farm-toschool program is created within the department to facilitate
increased procurement of Washington grown food by
schools.
(2) The department, in consultation with the department
of health, the office of the superintendent of public instruction, the department of general administration, and Washington State University, shall, in order of priority:
(a) Identify and develop policies and procedures to
implement and evaluate the farm-to-school program, including coordinating with school procurement officials, buying
cooperatives, and other appropriate organizations to develop
uniform procurement procedures and materials, and practical
recommendations to facilitate the purchase of Washington
grown food by the common schools. These policies, procedures, and recommendations shall be made available to
school districts to adopt at their discretion;
(b) Assist food producers, distributors, and food brokers
to market Washington grown food to schools by informing
them of food procurement opportunities, bid procedures,
school purchasing criteria, and other requirements;
(c) Assist schools in connecting with local producers by
informing them of the sources and availability of Washington
grown food as well as the nutritional, environmental, and
economic benefits of purchasing Washington grown food;
(d) Identify and recommend mechanisms that will
increase the predictability of sales for producers and the adequacy of supply for purchasers;
(e) Identify and make available existing curricula, programs and publications that educate students on the nutritional, environmental, and economic benefits of preparing
and consuming locally grown food;
(f) Support efforts to advance other farm-to-school connections such as school gardens or farms and farm visits; and
(g) As resources allow, seek additional funds to leverage
state expenditures.
[Title 15 RCW—page 119]
Chapter 15.65
Title 15 RCW: Agriculture and Marketing
(3) The department in cooperation with the office of the
superintendent of public instruction shall collect data on the
activities conducted pursuant to chapter 215, Laws of 2008
and communicate such data biennially to the appropriate
committees of the legislature beginning November 15, 2009.
Data collected may include the numbers of schools and farms
participating and any increases in the procurement of Washington grown food by the common schools.
(4) As used in this section, RCW 43.19.1905,
43.19.1906, 28A.335.190, and 28A.235.170, "Washington
grown" means grown and packed or processed in Washington. [2008 c 215 § 2.]
Findings—Intent—2008 c 215: "(1) The legislature recognizes that
the benefits of local food production include stewardship of working agricultural lands; direct and indirect jobs in agricultural production, food processing, tourism, and support industries; energy conservation and greenhouse gas
reductions; and increased food security through access to locally grown
foods.
(2) The legislature finds there is a direct correlation between adequate
nutrition and a child’s development and school performance. Children who
are hungry or malnourished are at risk of lower achievement in school.
(3) The legislature further finds that adequate nutrition is also necessary for the physical health of adults, and that some communities have limited access to healthy fruits and vegetables and quality meat and dairy products, a lack of which may lead to high rates of diet-related diseases.
(4) The legislature believes that expanding market opportunities for
Washington farmers will preserve and strengthen local food production and
increase the already significant contribution that agriculture makes to the
state and local economies.
(5) The legislature finds that the state’s existing procurement requirements and practices may inhibit the purchase of locally produced food.
(6) The legislature intends that the local farms-healthy kids act
strengthen the connections between the state’s agricultural industry and the
state’s food procurement procedures in order to expand local agricultural
markets, improve the nutrition of children and other at-risk consumers, and
have a positive impact on the environment." [2008 c 215 § 1.]
Short title—2008 c 215: "This act may be known and cited as the local
farms-healthy kids act." [2008 c 215 § 12.]
Captions not law—2008 c 215: "Captions used in this act are not any
part of the law." [2008 c 215 § 13.]
Conflict with federal requirements—2008 c 215: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned.
Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [2008 c 215 §
14.]
Chapter 15.65 RCW
WASHINGTON STATE AGRICULTURAL
COMMODITY BOARDS
15.65.060
15.65.070
15.65.090
15.65.100
15.65.110
15.65.120
15.65.130
15.65.140
15.65.150
15.65.160
15.65.170
15.65.175
15.65.180
15.65.183
15.65.185
15.65.190
15.65.193
15.65.200
15.65.203
15.65.205
15.65.210
15.65.220
15.65.230
15.65.235
15.65.240
15.65.243
15.65.250
15.65.260
15.65.270
15.65.280
15.65.283
15.65.285
Chapter 15.65
(Formerly: Washington state agricultural enabling act of 1961—
Commodity boards)
Sections
15.65.010
15.65.020
15.65.028
15.65.033
15.65.040
15.65.043
15.65.047
15.65.050
Short title.
Definitions.
Regulating agricultural commodities—Existing comprehensive scheme.
Regulating agricultural commodities—Laws applicable.
Establishing a commodity board—Marketing order—Purposes.
Board may establish foundation.
Director’s duties and responsibilities—Amendments to marketing orders or agreements without a referendum—Rules.
Director to enforce and administer chapter—Marketing agreements, orders issued, amended, notice, grounds for amendments.
[Title 15 RCW—page 120]
15.65.287
15.65.289
15.65.290
15.65.295
15.65.300
15.65.305
15.65.310
15.65.320
15.65.330
15.65.340
15.65.350
15.65.360
Form, filing of marketing agreement, order, amendment, and
other proceedings.
Notice of hearing on proposal—Publication—Contents.
Subpoenas—Compelling attendance of witnesses, fees—
Immunity of witnesses.
Director’s findings and recommended decision, delivery of
copies—Taking official notice of facts from other agencies.
Filing objections to recommended decision—Final decision—
Waiver.
Contents and scope of recommended and final decision—
Delivery of copies.
Agreements binding only on those who assent in writing—
Agreement not effective until sufficient signatories to effectuate chapter—When effective.
Minimum assent requirements prerequisite to order or amendment affecting producers or producer marketing.
Minimum requirements prerequisite to order or amendment
assessing handlers—Assent by producers.
Ascertainment of required assent percentages.
Issuance or amendment of marketing order—Assent—Rules.
Issuing, amending, or terminating a marketing order—Limitation on public hearings or referendums.
Suspension of marketing agreement or order upon advice of
commodity board—Certain prerequisites waived.
Termination of marketing order or agreement—Petition—Procedure.
Referendum prior to termination of a marketing order or agreement—Procedure—Exceptions.
Termination of agreement or order on assent of producers—
Procedure.
When marketing order or agreement is terminated—Duties of
affected commodity board.
Lists of affected parties—Information used to establish lists—
Purpose and use.
Certain records exempt from public disclosure—Exceptions—
Actions not prohibited by chapter.
After any vote, referendum, nomination, or election—
Affected parties provided results—Disputes.
Powers and duties of director with respect to the administration and enforcement of agreements and orders—Administrator—Personnel.
Commodity boards—Membership—Marketing agreement or
order to establish and control—Director votes.
Qualifications of members of commodity boards.
Producer-handlers as producers for membership purposes—
Exception.
Terms of members of commodity boards—Elections or
appointment.
When director appoints majority of the board—Nominations—Advisory vote—Notice—Director selects either of
two candidates receiving the most votes.
Nominations for election to commodity board—When only
one nominee.
Election of members of commodity board—Procedure.
Vacancies, quorum, compensation, travel expenses of commodity board members and employees.
Powers and duties of commodity board—Reservation of
power to director.
Members may belong to association with same objectives—
Contracts with other associations authorized.
Restrictive provisions of chapter 43.78 RCW not applicable to
promotional printing and literature of commodity boards.
Commission’s plans, programs, and projects—Director’s
approval required.
Commission speaks for state—Director’s oversight.
Claims and liabilities, enforcement against organization—Personal liabilities of officials, employees, etc.
Lists of all affected producers and handlers—Affected parties
responsible for accuracy—Use of lists.
Agreement or order to contain detailed statement of powers
and purposes.
Promotional hosting expenditures—Rules.
Advertising, sale, trade barrier, claim, etc., provisions in
agreement or order.
Agreement and order provisions for research.
Agreement and order provisions for uniform grades and standards—Enforcement—Rules.
Agreement and order provisions prohibiting or regulating certain practices.
Agreement and order to define applicable area—"Production
area"—"Marketing area."
Agreement and order provisions for marketing information,
services, verification of grades, standards, sampling, etc.
(2010 Ed.)
Washington State Agricultural Commodity Boards
15.65.370
15.65.375
15.65.380
15.65.390
15.65.400
15.65.410
15.65.420
15.65.430
15.65.440
15.65.450
15.65.470
15.65.480
15.65.490
15.65.500
15.65.510
15.65.520
15.65.530
15.65.540
15.65.550
15.65.560
15.65.570
15.65.580
15.65.590
15.65.600
15.65.620
15.65.630
15.65.640
15.65.650
15.65.670
15.65.900
15.65.910
Agreement or order not to prohibit or discriminatorily burden
marketing.
Agreement and order provisions—Participation in proceedings concerning regulation of pesticides or agricultural
chemicals.
Additional agreement or order provisions.
Annual assessment—Limitation generally.
Rate of assessment.
Time, place, method for payment and collection of assessments.
Use of moneys collected—Departmental expenses.
Refunds of moneys received or collected.
Assessments personal debt—Additional percentage if not
paid—Civil action to collect.
Deposit to defray department’s expenses—Circumstances
requiring reimbursement.
Depositaries for revolving fund—Deposits.
Separate accounts for each agreement or order—Disbursements.
Records of financial transactions to be kept by director—
Audits.
Bonds of administrator, board, employee.
Information and inspections required—Hearings—Confidentiality and disclosures.
Criminal acts and penalties.
Civil liability—Use of moneys recovered.
Jurisdiction of superior courts—Who may bring action.
Duty of attorney general and prosecuting attorneys—Investigation and hearing by director.
Remedies additional.
Proceedings subject to administrative procedure act—Exemptions.
Director may issue agreement or order similar to license or
order issued by United States—Administrator, board.
Cooperation, joint agreements or orders with other states and
United States to achieve uniformity.
Public interest to be protected—Establishment of prices prohibited.
Chapter not to affect other laws—Agreements and orders
under prior law may be made subject to chapter.
Application of chapter to canners, freezers, pressers, dehydrators of fruit or vegetables.
Chapter not to apply to green pea grower or processor.
Hop commodity board—Powers.
Costs of implementing RCW 15.65.287.
Savings—1961 c 256.
Severability—1961 c 256.
Agricultural processing and marketing associations: Chapter 24.34 RCW.
Investment of agricultural commodity commission funds in savings or time
deposits of banks, trust companies and mutual savings banks: RCW
15.66.185.
15.65.010 Short title. This chapter shall be known and
may be cited as the Washington state agricultural enabling
act. [1961 c 256 § 1.]
15.65.010
15.65.020 Definitions. The following terms are hereby
defined:
(1) "Affected commodity" means that part or portion of
any agricultural commodity which is covered by or forms the
subject matter of any marketing agreement or order or proposal, and includes all affected units thereof as herein defined
and no others.
(2) "Affected parties" means any producer, affected producer, handler, or commodity board member.
(3) "Affected unit" means in the case of marketing agreements and orders drawn on the basis of a production area, any
unit of the commodity specified in or covered by such agreement or order which is produced in such area and sold or marketed or delivered for sale or marketing; and "affected unit"
means, in the case of marketing agreements and orders drawn
on the basis of marketing area, any unit of the commodity
specified in or covered by such agreement or order which is
stored in frozen condition or sold or marketed or delivered for
15.65.020
(2010 Ed.)
15.65.020
sale or marketing within such marketing area: PROVIDED,
That in the case of marketing agreements "affected unit" shall
include only those units which are produced by producers or
handled by handlers who have assented to such agreement.
(4) "Agricultural commodity" means any of the following commodities or products: Llamas, alpacas, or any other
animal or any distinctive type of agricultural, horticultural,
viticultural, floricultural, vegetable, or animal product,
including, but not limited to, products qualifying as *organic
food products under chapter 15.86 RCW and private sector
cultured aquatic products as defined in RCW 15.85.020 and
other fish and fish products, either in its natural or processed
state, including beehives containing bees and honey and
Christmas trees but not including timber or timber products.
The director is hereby authorized to determine (on the basis
of common usage and practice) what kinds, types or subtypes should be classed together as an agricultural commodity for the purposes of this chapter.
(5) "Assessment" means the monetary amount established in a marketing order or agreement that is to be paid by
each affected producer to a commodity board in accordance
with the schedule established in the marketing order or agreement.
(6) "Commercial quantities" as applied to producers
and/or production means such quantities per year (or other
period of time) of an agricultural commodity as the director
finds are not less than the minimum which a prudent person
engaged in agricultural production would produce for the
purpose of making such quantity of such commodity a substantial contribution to the economic operation of the farm on
which such commodity is produced. "Commercial quantities" as applied to handlers and/or handling means such quantities per year (or other period of time) of an agricultural commodity or product thereof as the director finds are not less
than the minimum which a prudent person engaged in such
handling would handle for the purpose of making such quantity a substantial contribution to the handling operation in
which such commodity or product thereof is so handled. In
either case the director may in his or her discretion: (a)
Determine that substantial quantity is any amount above
zero; and (b) apply the quantity so determined on a uniform
rule applicable alike to all persons which he or she finds to be
similarly situated.
(7) "Commodity board" means any board established
pursuant to RCW 15.65.220. "Board" means any such commodity board unless a different board is expressly specified.
(8) "Cooperative association" means any incorporated or
unincorporated association of producers which conforms to
the qualifications set out in the act of congress of the United
States of February 18, 1922 as amended, known as the "Capper-Volstead Act" and which is engaged in making collective
sales or in marketing any agricultural commodity or product
thereof or in rendering service for or advancing the interests
of the producers of such commodity on a nonprofit cooperative basis.
(9) "Department" means the department of agriculture of
the state of Washington.
(10) "Director" means the director of agriculture of the
state of Washington or his or her duly appointed representative. The phrase "director or his or her designee" means the
director unless, in the provisions of any marketing agreement
[Title 15 RCW—page 121]
15.65.020
Title 15 RCW: Agriculture and Marketing
or order, he or she has designated an administrator, board, or
other designee to act in the matter designated, in which case
"director or his or her designee" means for such order or
agreement the administrator, board, or other person(s) so designated and not the director.
(11) "Handler" means any person who acts, either as
principal, agent or otherwise, in processing, selling, marketing or distributing an agricultural commodity or storage of a
frozen agricultural commodity which was not produced by
him or her. "Handler" does not mean a common carrier used
to transport an agricultural commodity. "Affected handler"
means any handler of an affected commodity. "To handle"
means to act as a handler.
(12) "List of affected handlers" means a list containing
the names and addresses of affected handlers. This list shall
contain the names and addresses of all affected handlers and,
if requested by the director, the amount, by unit, of the
affected commodity handled during a designated period
under this chapter.
(13) "List of affected parties" means a list containing the
names and mailing addresses of affected parties. This list
shall contain the names and addresses of all affected parties
and, if requested by the director, the amount, by unit, of the
affected commodity produced during a designated period
under this chapter.
(14) "List of affected producers" means a list containing
the names and mailing addresses of affected producers. This
list shall contain the names and addresses of all affected producers and, if requested by the director, the amount, by unit,
of the affected commodity produced during a designated
period under this chapter.
(15) "Mail" or "send" for purposes of any notice relating
to rule making, referenda, or elections means regular mail or
electronic distribution, as provided in RCW 34.05.260 for
rule making. "Electronic distribution" or "electronically"
means distribution by electronic mail or facsimile mail.
(16) "Marketing agreement" means an agreement
entered into and issued by the director pursuant to this chapter.
(17) "Marketing order" means an order adopted by the
director under this chapter that establishes a commodity
board for an agricultural commodity or agricultural commodities with like or common qualities or producers.
(18) "Member of a cooperative association" means any
producer who markets his or her product through such cooperative association and who is a voting stockholder of or has
a vote in the control of or is a party to a marketing agreement
with such cooperative association with respect to such product.
(19) "Percent by numbers" means the percent of those
persons on the list of affected parties or affected producers.
(20) "Person" means any individual, firm, corporation,
limited liability company, trust, association, partnership,
society, or any other organization of individuals, or any unit
or agency of local, state, or federal government.
(21) "Producer" means any person engaged in the business of producing any agricultural commodity for market in
commercial quantities. "Affected producer" means any producer who is subject to a marketing order or agreement. "To
produce" means to act as a producer. For the purposes of
RCW 15.65.140 and 15.65.160 as now or hereafter amended
[Title 15 RCW—page 122]
"producer" shall include bailees who contract to produce or
grow any agricultural product on behalf of a bailor who
retains title to the seed and its resulting agricultural product
or the agricultural product delivered for further production or
increase.
(22) "Producer-handler" means any person who acts both
as a producer and as a handler with respect to any agricultural
commodity. A producer-handler shall be deemed to be a producer with respect to the agricultural commodities which he
or she produces, and a handler with respect to the agricultural
commodities which he or she handles, including those produced by himself or herself.
(23) "Producer marketing" or "marketed by producers"
means any or all operations performed by any producer or
cooperative association of producers in preparing for market
and marketing, and shall include: (a) selling any agricultural
commodity produced by such producer(s) to any handler; (b)
delivering any such commodity or otherwise disposing of it
for commercial purposes to or through any handler.
(24) "Production area" and "marketing area" means any
area defined as such in any marketing order or agreement in
accordance with RCW 15.65.350. "Affected area" means the
marketing or production area so defined in such order, agreement or proposal.
(25) "Represented in a referendum" means that a written
document evidencing approval or assent or disapproval or
dissent is duly and timely filed with or mailed to the director
by or on behalf of an affected producer and/or a volume of
production of an affected commodity in a form which the
director finds meets the requirements of this chapter. "Referendum" means a vote by the affected parties or affected producers which is conducted by secret ballot.
(26) "Rule-making proceedings" means the rule-making
provisions as outlined in chapter 34.05 RCW.
(27) "Section" means a section of this chapter unless
some other statute is specifically mentioned. The present
includes the past and future tenses, and the past or future the
present. The masculine gender includes the feminine and
neuter. The singular number includes the plural and the plural includes the singular.
(28) "Sell" includes offer for sale, expose for sale, have
in possession for sale, exchange, barter or trade.
(29) "Unit" of an agricultural commodity means a unit of
volume, weight, quantity, or other measure in which such
commodity is commonly measured. The director shall designate in each marketing order and agreement the unit to be
used therein.
(30) "Vacancy" means that a board member leaves or is
removed from a board position prior to the end of a term, or a
nomination process for the beginning of a term concludes
with no candidates for a position.
(31) "Volume of production" means the percent of the
average volume of production of the affected commodity of
those on the list of affected parties or affected producers for a
production period. For the purposes of this chapter, a production period is a minimum three-year period or as specified in
the marketing order or agreement. [2009 c 549 § 1007; 2002
c 313 § 1; 1993 c 80 § 2; 1986 c 203 § 15. Prior: 1985 c 457
§ 13; 1985 c 261 § 1; 1975 1st ex.s. c 7 § 2; 1961 c 256 § 2.]
Reviser’s note: *(1) The term "organic food products" was changed to
"organic products" by 2010 c 109 § 2.
(2010 Ed.)
Washington State Agricultural Commodity Boards
(2) The definitions in this section have been alphabetized pursuant to
RCW 1.08.015(2)(k).
Effective dates—2002 c 313: "This act takes effect July 1, 2002, except
for sections 1, 15, 17, 29, 30, 39, 45, 57, 58, 137, and 138 of this act which
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [April 2, 2002]." [2002 c 313 § 139.]
Additional notes found at www.leg.wa.gov
15.65.028 Regulating agricultural commodities—
Existing comprehensive scheme. The history, economy,
culture, and the future of Washington state to a large degree
all involve agriculture. In order to develop and promote
Washington’s agricultural products as part of the existing
comprehensive scheme to regulate agricultural commodities,
the legislature declares:
(1) That the marketing of agricultural products within
this state is in the public interest. It is vital to the continued
economic well-being of the citizens of this state and their
general welfare that its agricultural commodities be properly
promoted by (a) enabling producers of agricultural commodities to help themselves in establishing orderly, fair, sound,
efficient, and unhampered marketing, grading, and standardizing of the commodities they produce and (b) working
towards stabilizing the agricultural industry by increasing
consumption of agricultural commodities within the state, the
nation, and internationally;
(2) That farmers and ranchers operate within a regulatory
environment that imposes burdens on them for the benefit of
society and the citizens of the state and includes restrictions
on marketing autonomy. Those restrictions may impair the
agricultural producer’s ability to compete in local, domestic,
and foreign markets;
(3) That it is now in the overriding public interest that
support for the agricultural industry be clearly expressed, that
adequate protection be given to agricultural commodities,
uses, activities, and operations, and that each agricultural
commodity be promoted individually, and as part of a comprehensive industry to:
(a) Enhance the reputation and image of Washington
state’s agricultural commodities;
(b) Increase the sale and use of Washington state’s agricultural commodities in local, domestic, and foreign markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production
of Washington state’s agricultural commodities;
(d) Increase the knowledge of the health-giving qualities
and dietetic value of Washington state’s agricultural commodities and products; and
(e) Support and engage in programs or activities that
benefit the planting, production, harvesting, handling, processing, marketing, and uses of agricultural commodities produced in Washington state;
(4) That the director seek to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber,
and seek to maintain the economic well-being of the agricultural industry in Washington state consistent with its regulatory activities and responsibilities;
(5) That the director is hereby authorized to implement,
administer, and enforce this chapter through the adoption of
marketing orders that establish commodity boards; and
15.65.028
(2010 Ed.)
15.65.033
(6) That this chapter is enacted in the exercise of the
police powers of this state for the purpose of protecting the
health, peace, safety, and general welfare of the people of this
state. [2002 c 313 § 2.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.033 Regulating agricultural commodities—
Laws applicable. This chapter and the rules adopted under it
are only one aspect of the comprehensively regulated agricultural industry.
(1) Other laws applicable to agricultural commodities
include the following chapters and the rules adopted thereunder:
Chapter 15.08 RCW Horticultural pests and diseases;
Chapter 15.13 RCW Horticultural plants and facilities—
Inspection and licensing;
Chapter 15.14 RCW Planting stock;
Chapter 15.15 RCW Certified seed potatoes;
Chapter 15.17 RCW Standards of grades and packs;
Chapter 15.19 RCW Certification and inspection of ginseng;
Chapter 15.30 RCW Controlled atmosphere storage of
fruits and vegetables;
Chapter 15.49 RCW Seeds;
Chapter 15.53 RCW Commercial feed;
Chapter 15.54 RCW Fertilizers, minerals, and limes;
Chapter 15.58 RCW Washington pesticide control act;
Chapter 15.60 RCW Apiaries;
Chapter 15.64 RCW Farm marketing;
Chapter 15.83 RCW Agricultural marketing and fair
practices;
Chapter 15.85 RCW Aquaculture marketing;
Chapter 15.86 RCW *Organic food products;
Chapter 15.92 RCW Center for sustaining agriculture
and natural resources;
Chapter 17.24 RCW Insect pests and plant diseases;
Chapter 19.94 RCW Weights and measures;
Chapter 20.01 RCW Agricultural products—Commission merchants, dealers, brokers, buyers, agents;
Chapter 22.09 RCW Agricultural commodities;
Chapter 69.04 RCW Food, drugs, cosmetics, and poisons including provisions of 21 C.F.R. relating to the general
manufacturing practices, food labeling, food standards, food
additives, and pesticide tolerances;
Chapter 69.07 RCW Washington food processing act;
Chapter 69.25 RCW Washington wholesome eggs and
egg products act;
Chapter 69.28 RCW Honey;
7 U.S.C., section 136, Federal insecticide, fungicide, and
rodenticide act.
(2) In addition to the laws and regulations listed in subsection (1) of this section that apply to the agricultural industry as a whole, the dry pea and lentil industry is regulated by
or must comply with the additional laws and rules adopted
under 7 U.S.C., chapter 38, agricultural marketing act. [2002
c 313 § 3.]
15.65.033
*Reviser’s note: The term "organic food products" was changed to
"organic products" by 2010 c 109 § 2.
Effective dates—2002 c 313: See note following RCW 15.65.020.
[Title 15 RCW—page 123]
15.65.040
Title 15 RCW: Agriculture and Marketing
15.65.040 Establishing a commodity board—Marketing order—Purposes. The director may adopt a marketing order that establishes a commodity board under this chapter for any of the following purposes:
(1) To aid agricultural producers in preventing economic
waste in the marketing of their agricultural commodities and
in developing more efficient methods of marketing agricultural products.
(2) To enable agricultural producers of this state, with
the aid of the state:
(a) To develop, and engage in research for developing,
better and more efficient production, irrigation, processing,
transportation, handling, marketing, and utilization of agricultural products;
(b) To establish orderly marketing of agricultural commodities;
(c) To provide for uniform grading and proper preparation of agricultural commodities for market;
(d) To provide methods and means (including, but not
limited to, public relations and promotion) for the maintenance of present markets and for the development of new or
larger markets, both domestic and foreign, for agricultural
commodities produced within this state and for the prevention, modification, or elimination of trade barriers which
obstruct the free flow of such agricultural commodities to
market;
(e) To eliminate or reduce economic waste in the marketing and/or use of agricultural commodities;
(f) To restore and maintain adequate purchasing power
for the agricultural producers of this state;
(g) To provide information or communicate on matters
pertaining to the production, irrigation, processing, transportation, marketing, or uses of an agricultural commodity produced in Washington state to any elected official or officer or
employee of any agency;
(h) To provide marketing information and services for
producers of an agricultural commodity;
(i) To provide information and services for meeting
resource conservation objectives of producers of an agricultural commodity;
(j) To engage in cooperative efforts in the domestic or
foreign marketing of food products of an agricultural commodity;
(k) To provide for commodity-related education and
training; and
(l) To accomplish all the declared policies of this chapter.
(3) To protect the interest of consumers by assuring a
sufficient pure and wholesome supply of agricultural commodities of good quality at all seasons and times. [2002 c
313 § 4; 2001 c 315 § 4; 1961 c 256 § 4.]
15.65.040
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.043 Board may establish foundation. A commodity board may establish a foundation using commission
funds as grant money when the foundation benefits the commodity for which the board was established. Commission
funds may be used for the purposes authorized in the marketing order. [2001 c 315 § 7.]
15.65.043
[Title 15 RCW—page 124]
15.65.047 Director’s duties and responsibilities—
Amendments to marketing orders or agreements without
a referendum—Rules. (1) The director may adopt rules
necessary to carry out the director’s duties and responsibilities under this chapter including:
(a) The issuance, amendment, or termination of marketing orders or agreements;
(b) Procedural, technical, or administrative rules which
may address and include, but are not limited to:
(i) The submission of a petition to issue, amend, or terminate a marketing order or agreement under this chapter;
(ii) Nominations conducted under this chapter;
(iii) Elections of board members or referenda conducted
under this chapter;
(iv) Actions of the director upon a petition to issue,
amend, or terminate a marketing order or agreement;
(c) Rules that provide for a method to fund:
(i) The costs of staff support for all commodity boards
and commissions in accordance with RCW 43.23.033 if the
position is not directly funded by the legislature; and
(ii) The actual costs related to the specific activity undertaken on behalf of an individual commodity board or commission.
(2) The director may adopt amendments to marketing
agreements or orders without conducting a referendum if the
amendments are adopted under the following criteria:
(a) The proposed amendments relate only to internal
administration of a marketing order or agreement and are not
subject to violation by a person;
(b) The proposed amendments adopt or incorporate by
reference without material change federal statutes or regulations, Washington state statutes, or rules of other Washington
state agencies, if the material adopted or incorporated regulates the same activities as are authorized under the marketing order or agreement;
(c) The proposed amendments only correct typographical errors, make address or name changes, or clarify language
of a rule without changing the marketing order or agreement;
and
(d) The content of the proposed amendments is explicitly
and specifically dictated by statute.
A marketing order or agreement shall not be amended
without a referendum to provide that a majority of the commodity board members be appointed by the director. [2002 c
313 § 7.]
15.65.047
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.050 Director to enforce and administer chapter—Marketing agreements, orders issued, amended,
notice, grounds for amendments. The director shall administer and enforce this chapter and it shall be his or her duty to
carry out its provisions and put them into force in accordance
with its terms, but issuance, amendment, modification, and/or
suspension of marketing agreements and orders and of any
terms or provisions thereof shall be accomplished according
to the procedures set forth in this chapter and not otherwise.
Whenever he or she has reason to believe that the issuance or
amendment of a marketing agreement or order will tend to
effectuate any declared policy or purpose of this chapter with
respect to any agricultural commodity, and in the case of
application for issuance or amendment ten or more producers
15.65.050
(2010 Ed.)
Washington State Agricultural Commodity Boards
of such commodity apply or when a petition for amendment
is submitted by majority vote of a commodity board, then the
director shall give due notice of, and an opportunity for, a
public hearing upon such issuance or amendment, and the
director shall issue marketing agreements and orders containing the provisions specified in this chapter and from time to
time amend the same whenever upon compliance with and on
the basis of facts adduced in accordance with the procedural
requirements of this chapter he or she shall find that such
agreement, order, or amendment:
(1) Will tend to effectuate one or more of the declared
policies of this chapter and is needed in order to effectuate the
same.
(2) Is reasonably adapted to accomplish the purposes and
objects for which it is issued and complies with the applicable
provisions of this chapter.
(3) Has been approved or favored by the percentages of
producers and/or handlers specified in and ascertained in
accordance with this chapter. [2002 c 313 § 5; 1961 c 256 §
5.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.060 Form, filing of marketing agreement,
order, amendment, and other proceedings. The director
shall cause any marketing agreement, order proposed for
issuance, or amendment to be set out in detailed form and
reduced to writing, which writing is herein designated "proposal." The director shall make and maintain on file in the
office of the department a copy of each proposal and a full
and complete record of all notices, hearings, findings, decisions, assents, and all other proceedings relating to each proposal and to each marketing agreement and order. [2002 c
313 § 6; 1961 c 256 § 6.]
15.65.060
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.070 Notice of hearing on proposal—Publication—Contents. The director shall publish notice of any
hearing called for the purpose of considering and acting upon
any proposal for a period of not less than two days in one or
more newspapers of general circulation as the director may
prescribe. No such public hearing shall be held prior to five
days after the last day of such period of publication. Such
notice shall set forth the date, time and place of said hearing,
the agricultural commodity and the area covered by such proposal; a concise statement of the proposal; a concise statement of each additional subject upon which the director will
hear evidence and make a determination, and a statement
that, and the address where, copies of the proposal may be
obtained. The director shall also mail notice to all producers
and handlers within the affected area who may be directly
affected by such proposal and whose names and addresses
appear, on the day next preceding the day on which such
notice is published, upon lists of such persons then on file in
the department. [2002 c 313 § 8; 1987 c 393 § 5; 1985 c 261
§ 2; 1979 c 154 § 4; 1961 c 256 § 7.]
15.65.070
Effective dates—2002 c 313: See note following RCW 15.65.020.
Additional notes found at www.leg.wa.gov
15.65.090 Subpoenas—Compelling attendance of
witnesses, fees—Immunity of witnesses. The director shall
15.65.090
(2010 Ed.)
15.65.100
have the power to issue subpoenas for the production of any
books, records, or documents of any kind and to subpoena
witnesses to be produced or to appear (as the case may be) in
the county wherein the principal party involved in such hearing resides. No person shall be excused from attending and
testifying or from producing documentary evidence before
the director in obedience to the subpoena of the director on
the ground or for the reason that the testimony or evidence,
documentary or otherwise, required of him or her may tend to
incriminate him or her or subject him or her to a penalty or
forfeiture, but no natural person shall be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he or she may be so
required to testify or produce evidence, documentary or otherwise, before the director in obedience to a subpoena issued
by him or her: PROVIDED, That no natural person so testifying shall be exempt from prosecution and punishment for
perjury committed in so testifying. The superior court of the
county in which any such hearing or proceeding may be had,
may compel the attendance of witnesses and the production
of records, papers, books, accounts, documents and testimony as required by such subpoena. In case any witness
refuses to attend or testify or produce any papers required by
the subpoena, the director or his or her examiner shall so
report to the superior court of the county in which the proceeding is pending by petition setting forth that due notice
was given of the time and place of attendance of the witness
or the production of the papers and that the witness has been
summoned in the manner prescribed in this chapter and that
the fees and mileage of the witness have been paid or tendered to him or her in accordance with RCW 2.40.020 and
that he or she has failed to attend or produce the papers
required by the subpoena at the hearing, cause, or proceeding
specified in the notice and subpoena, or has refused to answer
questions propounded to him or her in the course of such
hearing, cause or proceeding, and shall ask an order of the
court to compel such witness to appear and testify before the
director. The court upon such petition shall enter an order
directing the witness to appear before the court at a time and
place to be fixed in such order and then and there show cause
why he or she has not responded to the subpoena. A certified
copy of the show cause order shall be served upon the witness. If it shall appear to the court that the subpoena was regularly issued, the court shall enter a decree that the witness
appear at the time and place fixed in the decree and testify or
produce the required papers, and on failing to obey said
decree the witness shall be dealt with as for contempt of
court. [2002 c 313 § 9; 1961 c 256 § 9.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.100
15.65.100 Director’s findings and recommended
decision, delivery of copies—Taking official notice of
facts from other agencies. The director shall make and publish findings based upon the facts, testimony, and evidence
received at the public hearings together with any other relevant facts available to him or her from official publications of
the United States or any state thereof or any institution of recognized standing and he or she is hereby expressly empowered to take "official notice" of the same. Such findings shall
be made upon every material point controverted at the hear[Title 15 RCW—page 125]
15.65.110
Title 15 RCW: Agriculture and Marketing
ing and/or required by this chapter and upon such other matters and things as the director may deem fitting and proper.
The director shall issue a recommended decision based upon
his or her findings and shall cause copies of the findings and
recommended decision to be delivered or mailed to all parties
of record appearing at the hearing, or their attorneys of
record. [2010 c 8 § 6069; 1961 c 256 § 10.]
15.65.110 Filing objections to recommended decision—Final decision—Waiver. After the issuance of a recommended decision all interested parties shall have a period
of not less than ten days to file objections or exceptions with
the director. Thereafter the director shall take such objections and exceptions as are filed into consideration and shall
issue and publish his or her final decision which may be the
same as the recommended decision or may be revised in the
light of said objections and exceptions. Upon written waiver
executed by all parties of record at any hearing or by their
attorneys of record the director may in his or her discretion
omit compliance with the provisions of this section. [2010 c
8 § 6070; 1961 c 256 § 11.]
15.65.110
15.65.120 Contents and scope of recommended and
final decision—Delivery of copies. The recommended decision shall contain the text in full of any recommended agreement, order, or amendment, and may deny or approve the
proposal in its entirety, or it may recommend a marketing
agreement, order, or amendment containing other or different
terms or conditions from those contained in the proposal:
PROVIDED, That the same shall be of a kind or type substantially within the purview of the notice of hearing and
shall be supported by evidence taken at the hearing or by documents of which the director is authorized to take official
notice. The final decision shall set out in full the text of the
agreement, order, or amendment covered thereby, and the
director shall issue and deliver or mail copies of the final
decision to all producers and handlers within the affected area
who may be directly affected by such final decision and
whose names and addresses appear, on the day next preceding the day on which such final decision is issued, upon the
lists of such persons then on file in the department, and to all
parties of record appearing at the hearing, or their attorneys
of record. If the final decision denies the proposal in its
entirety no further action shall be taken by the director. [2002
c 313 § 10; 1985 c 261 § 3; 1961 c 256 § 12.]
15.65.120
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.130 Agreements binding only on those who
assent in writing—Agreement not effective until sufficient signatories to effectuate chapter—When effective.
With respect to marketing agreements, the director shall after
publication of his or her final decision, invite all producers
and handlers affected thereby to assent or agree to the agreement or amendment set out in such decision. Said marketing
agreements or amendments thereto shall be binding upon and
only upon persons who have agreed thereto in writing and
whose written agreement has been filed with the director:
PROVIDED, That the filing of such written agreement by a
cooperative association shall be binding upon such cooperative and all of its members, and PROVIDED, FURTHER,
15.65.130
[Title 15 RCW—page 126]
That the director shall enter into and put into force a marketing agreement or amendment thereto when and only when he
or she shall find in addition to the other findings specified in
this chapter that said marketing agreement or any amendment
thereto has been assented to by a sufficient number of signatories who handle or produce a sufficient volume of the commodity affected to tend to effectuate the declared policies and
purposes of this chapter and to accomplish the purposes and
objects of such agreement or amendment thereto and provide
sufficient moneys from assessments levied to defray the necessary expenses of formulation, issuance, administration, and
enforcement. Such agreement shall be deemed to be issued
and put into force and effect when the director shall have so
notified all persons who have assented thereto. [2010 c 8 §
6071; 1961 c 256 § 13.]
15.65.140
15.65.140 Minimum assent requirements prerequisite to order or amendment affecting producers or producer marketing. No marketing order or amendment
thereto directly affecting producers or producer marketing
shall be issued unless the director determines (in accordance
with any of the procedures described at RCW 15.65.160) that
the issuance of such order or amendment is assented to or
favored by producers within the affected area who during a
representative period determined by the director constituted
either (1) at least sixty-five percent by numbers and at least
fifty-one percent by volume of production of the producers
who have been engaged within the area of production specified in such marketing order in the production for market of
the commodity specified therein, or who during such representative period have been engaged in the production of such
commodity for marketing in the marketing area specified in
such marketing order, or (2) at least fifty-one percent by
numbers and at least sixty-five percent by volume of production of such producers: PROVIDED, That producers shall be
deemed to have assented to or approved a proposed amendment order if sixty percent or more by number and sixty percent or more by volume of those replying assent or approve
the proposed order in a referendum. [1985 c 261 § 4; 1975
1st ex.s. c 7 § 3; 1961 c 256 § 14.]
15.65.150
15.65.150 Minimum requirements prerequisite to
order or amendment assessing handlers—Assent by producers. Any marketing order or amendment thereto directly
assessing handlers shall be issued either (1) when the director
determines that the issuance of such order or amendment is
assented to or favored by handlers who during a representative period determined by the director constituted at least
fifty-one percent by numbers or fifty-one percent by volume
handled of the handlers who have been engaged in the handling of the commodity specified in such marketing order
produced in such production area or marketed in such marketing area, as the case may be, or (2) when upon the basis of
findings on a duly noticed hearing held in the manner herein
provided, the director determines:
(a) That the issuance of such order or amendment will
not result in unequal cost of product or availability of supplies, or cause competitive disadvantage of other respects as
between handlers;
(2010 Ed.)
Washington State Agricultural Commodity Boards
(b) That the issuance of such order or amendment is the
only practical means of advancing the interest of producers of
such commodity pursuant to the declared policy of this chapter and that failure to issue such order or amendment would
tend to prevent effectuation of the declared policies of this
chapter;
(c) That the issuance of such order is assented to or
favored by producers who during a representative period
determined by the director constituted at least seventy-five
percent by numbers or at least sixty-five percent by volume
of production of the producers who have been engaged
within the production area specified in such marketing order
in the production for market of the commodity specified
therein, or who during such representative period have been
engaged in the production of such commodity for sale in the
marketing area specified in such order. [1985 c 261 § 5; 1961
c 256 § 15.]
15.65.160 Ascertainment of required assent percentages. After publication of his or her final decision, the director shall ascertain (either by written agreement in accordance
with subsection (1) of this section or by referendum in accordance with subsection (2) of this section) whether the above
specified percentages of producers and/or handlers assent to
or approve any proposed order, amendment, or termination,
and for such purpose:
(1) The director may ascertain whether assent or
approval by the percentages specified in RCW 15.65.140,
15.65.150 or 15.65.190 (whichever is applicable) have been
complied with by written agreement, and the requirements of
assent or approval shall, in such case, be held to be complied
with, if of the total number of affected producers or affected
handlers within the affected area and the total volume of production of the affected commodity or product thereof, the
percentages evidencing assent or approval are equal to or in
excess of the percentages specified in said sections; or
(2) The director may conduct a referendum among producers within the affected area and the requirements of assent
or approval shall be held to be complied with if of the total
number of such producers and the total volume of production
represented in such referendum the percentage assenting to or
favoring is equal to or in excess of the percentage specified in
RCW 15.65.140, 15.65.150 or 15.65.190 (whichever is applicable) as now or hereafter amended: PROVIDED, That
thirty percent of the affected producers within the affected
area producing thirty percent by volume of the affected commodity have been represented in a referendum to determine
assent or approval of the issuance of a marketing order:
PROVIDED FURTHER, That a marketing order shall not
become effective when the provisions of subsection (3) of
this section are used unless sixty-five percent by number of
the affected producers within the affected area producing
fifty-one percent by volume of the affected commodity or
fifty-one percent by number of such affected producers producing sixty-five percent by volume of the affected commodity approve such marketing order;
(3) The director shall consider the assent or dissent or the
approval or disapproval of any cooperative marketing association authorized by its producer members either by a majority
vote of those voting thereon or by its articles of incorporation
or by its bylaws or by any marketing or other agreement to
15.65.160
(2010 Ed.)
15.65.183
market the affected commodity for such members or to act
for them in any such referendum as being the assent or dissent or the approval or disapproval of the producers who are
members of or stockholders in or under contract with such
cooperative association of producers: PROVIDED, That the
association shall first determine that a majority of its affected
producers authorizes its action concerning the specific marketing order. [2010 c 8 § 6072; 1985 c 261 § 6; 1975 1st ex.s.
c 7 § 4; 1961 c 256 § 16.]
15.65.170 Issuance or amendment of marketing
order—Assent—Rules. If the director determines that the
requisite assent has been given to issue or amend a marketing
order, the issuance or amendment shall be adopted by rule by
the director within thirty days of the validation of the vote. If
the director determines that the requisite assent has not been
given no further action shall be taken by the director upon the
proposal, and the order contained in the final decision shall
be without force or effect. [2002 c 313 § 11; 1987 c 393 § 6;
1961 c 256 § 17.]
15.65.170
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.175 Issuing, amending, or terminating a marketing order—Limitation on public hearings or referendums. The director shall not be required to hold a public
hearing or a referendum more than once in any twelve-month
period on petitions to issue, amend, or terminate a commodity marketing order if any of the following circumstances are
present:
(1) The petition proposes to establish a marketing order
or agreement for the same commodity;
(2) The petition proposes the same or a similar amendment to a marketing order or agreement; or
(3) The petition proposes to terminate the same marketing order or agreement. [2002 c 313 § 12.]
15.65.175
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.180 Suspension of marketing agreement or
order upon advice of commodity board—Certain prerequisites waived. The director may, upon the advice of the
commodity board serving under any marketing agreement or
order and without compliance with the provisions of RCW
15.65.050 through 15.65.170, suspend any such agreement or
order or term or provision thereof for a period of not to
exceed one year, if the director finds that such suspension
will tend to effectuate the declared policy of this chapter. Any
suspension of all or substantially all of a marketing agreement or order by the director shall not become effective until
the end of the then current marketing season. [2002 c 313 §
13; 1961 c 256 § 18.]
15.65.180
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.183 Termination of marketing order or agreement—Petition—Procedure. The director may terminate a
marketing order or agreement in accordance with this chapter.
(1) To terminate a marketing order or agreement:
(a) The director must receive a petition by affected producers under this chapter signed by at least ten percent of the
affected producers; or
15.65.183
[Title 15 RCW—page 127]
15.65.185
Title 15 RCW: Agriculture and Marketing
(b) A majority of a commodity board may file a petition
with the director.
(2) The petitioners must include in the petition at the
time of filing:
(a) A statement of why the marketing order or agreement
and the commodity board created under it no longer meets
[meet] the purposes of this chapter;
(b) The name of a person designated to represent the
petitioners; and
(c) The effective date of a marketing order or agreement
termination, which may not be less than one year from the
date the petition was filed with the director.
(3) Within sixty days of receipt of a petition meeting the
requirements of this section, the director shall commence
rule-making proceedings to repeal the marketing order or
agreement and, subsequently, a referendum on the issue.
(4) The director shall include a copy of a petition to terminate a marketing order or agreement with the notice to
affected producers when rule-making proceedings are commenced.
(5) If the petitioners fail to meet the requirements of this
chapter, the director shall deny the petition and a referendum
vote will not be conducted. The person designated to represent the petitioners shall be notified if a petition is denied.
[2002 c 313 § 14.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.185 Referendum prior to termination of a marketing order or agreement—Procedure—Exceptions.
Except as provided in RCW 15.65.190 or subsection (4) of
this section, the director, prior to termination of the marketing order or agreement, shall conduct a referendum as provided in this chapter, the rules adopted by the director, and
the applicable marketing order or agreement.
(1) If a referendum on the termination of a marketing
order or agreement is assented to, the referendum proposal
shall be adopted by the director within thirty days of the
count of the ballots and shall go into effect under chapter
34.05 RCW. If those affected producers eligible to vote in the
referendum do not assent, no further action shall be taken by
the director on the proposal.
(2) The list of affected producers used for conducting a
referendum on the termination of a marketing order or agreement shall be kept in the rule-making file by the director. The
list shall be certified as a true representation of the referendum mailing list. Inadvertent failure to notify an affected producer does not invalidate a referendum.
(3) The list of affected producers that is certified as the
true representation of the mailing list of a referendum shall be
used to determine assent as provided for in RCW 15.65.190.
(4) If the director determines that one hundred percent of
the affected producers have filed a written application with
the director requesting that a marketing order or agreement be
terminated, the director may terminate the marketing order or
agreement without conducting a referendum. The termination
of the marketing order or agreement shall go into effect under
chapter 34.05 RCW, but no sooner than at the end of the marketing season then current. [2002 c 313 § 15.]
15.65.185
Effective dates—2002 c 313: See note following RCW 15.65.020.
[Title 15 RCW—page 128]
15.65.190 Termination of agreement or order on
assent of producers—Procedure. Any marketing agreement or order shall be terminated if the director finds that
fifty-one percent by numbers and fifty-one percent by volume of production of the affected producers within the
affected area favor or assent to such termination. The director may ascertain without compliance with the provisions of
RCW 15.65.050 through 15.65.130 whether such termination
is so assented to or favored whenever twenty percent by numbers or twenty percent by volume of production of said producers file written application with him or her for such termination. No such termination shall become effective until the
expiration of the marketing season then current. [2010 c 8 §
6073; 1985 c 261 § 7; 1961 c 256 § 19.]
15.65.190
15.65.193 When marketing order or agreement is
terminated—Duties of affected commodity board. If after
complying with the procedures outlined in this chapter and a
referendum proposal to terminate a marketing order or agreement is assented to, the affected commodity board shall:
(1) Document the details of all measures undertaken to
terminate the marketing order and identify and document all
closing costs;
(2) Contact the office of the state auditor and arrange for
a final audit of the commodity board. Payment for the audit
shall be from commodity board funds and identified in the
budget for closing costs;
(3) Provide for the reimbursement to affected producers
of moneys collected by assessment. Reimbursement shall be
made to those considered affected producers over the previous three-year time frame on a pro rata basis and at a percent
commensurate with their volume of production over the previous three-year period unless a different time period is specified in the marketing order or agreement. If the commodity
board finds that the amounts of moneys are so small as to
make impractical the computation and remitting of the pro
rata refund, the moneys shall be paid into the state treasury as
unclaimed trust moneys; and
(4) Transfer all remaining files to the department for
storage and archiving, as appropriate. [2002 c 313 § 16.]
15.65.193
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.200 Lists of affected parties—Information
used to establish lists—Purpose and use. (1) Whenever
application is made for the issuance of a marketing agreement or order or the director otherwise determines to hold a
hearing for the purpose of such issuance, the director or a designee shall establish a list of affected parties along with volume of production data covering a minimum three-year
period, or in such lesser time as the affected party has produced the commodity in question, from information provided
by the petitioners, by obtaining information on affected parties from applicable producer, handler, or processor organizations or associations or other sources identified as maintaining the information.
(2) The director shall use the list of affected parties for
the purpose of notice, referendum proceedings, and electing
and selecting members of commodity boards in accordance
with this chapter.
(3) An affected party may at any time file his or her name
and mailing address with the director. A list of affected par15.65.200
(2010 Ed.)
Washington State Agricultural Commodity Boards
ties may be brought up-to-date by the director up to the day
preceding a mailing of a notice or ballot under this chapter
and that list is deemed the list of affected parties entitled to
vote.
(4) The list of affected parties used for the issuance of a
marketing order or agreement shall be kept in a file maintained by the director. The list shall be certified as a true representation of the mailing list. Inadvertent failure to notify an
affected party does not invalidate a proceeding conducted
under this chapter.
(5) The list of affected parties that is certified as the true
representation of the mailing list of a referendum shall be
used to determine assent as provided in this chapter.
(6) The director shall provide the commodity board the
list of affected and interested parties once a marketing order
or agreement is adopted and a commodity board is established as provided in this chapter. [2002 c 313 § 17; 1985 c
261 § 8; 1961 c 256 § 20.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.203 Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter.
(1) Pursuant to RCW 42.56.380, certain agricultural business
records, commodity board records, and department of agriculture records relating to commodity boards and producers
of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records
submitted to either the department or a commodity board for
the purpose of administering this chapter or a marketing
order or agreement may be shared between the department
and the applicable commodity board. They may also be used,
if required, in any suit or administrative hearing involving
this chapter or a marketing order or agreement.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the
reports of a number of persons subject to any marketing order
or agreement as long as the statements do not identify the
information furnished by any person; or
(b) The publication by the director or a commodity board
of the name of any person violating any marketing order or
agreement and a statement of the manner of the violation by
that person. [2005 c 274 § 216; 2002 c 313 § 18.]
15.65.203
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.205 After any vote, referendum, nomination,
or election—Affected parties provided results—Disputes.
(1) Upon completion of any vote, referendum, or nomination
and elections, the department shall tally the results of the vote
and provide the results to affected parties.
(2) If an affected party disputes the results of a vote, that
affected party, within sixty days from the announced results,
shall provide in writing a statement of why the vote is disputed and request a recount.
(3) Once the vote is tallied and distributed, all disputes
are resolved, and all matters in a vote are finalized, the individual ballots may be destroyed. [2002 c 313 § 19.]
15.65.205
Effective dates—2002 c 313: See note following RCW 15.65.020.
(2010 Ed.)
15.65.230
15.65.210 Powers and duties of director with respect
to the administration and enforcement of agreements and
orders—Administrator—Personnel. The director shall
administer, enforce, direct, and control every marketing
agreement and order in accordance with its provisions. For
such purposes he or she shall include in each order and he or
she may include in each agreement provisions for the
employment of such administrator and such additional personnel (including attorneys engaged in the private practice of
law, subject to the approval and supervision of the attorney
general) as he or she determines are necessary and proper for
such order or agreement to effectuate the declared policies of
this chapter. Such provisions may provide for the qualifications, method of selection, term of office, grounds of dismissal, and the detailed powers and duties to be exercised by
such administrator or board and by such additional personnel,
including the authority to borrow money and incur indebtedness, and may also provide either that the said administrative
board shall be the commodity board or that the administrator
or administrative board be designated by the director or the
governor. [2010 c 8 § 6074; 1977 ex.s. c 26 § 4; 1961 c 256
§ 21.]
15.65.210
15.65.220 Commodity boards—Membership—Marketing agreement or order to establish and control—
Director votes. (1) Every marketing agreement and order
shall provide for the establishment of a commodity board of
not less than five nor more than thirteen members and shall
specify the exact number thereof and all details as to (a) qualification, (b) nomination, (c) election or appointment by the
director, (d) term of office, and (e) powers, duties, and all
other matters pertaining to such board.
(2) The members of the board shall be producers or handlers or both in such proportion as the director shall specify in
the marketing agreement or order, but in any marketing order
or agreement the number of handlers on the board shall not
exceed the number of producers thereon. The marketing
order or agreement may provide that a majority of the board
be appointed by the director, but in any event, no less than
one-third of the board members shall be elected by the
affected producers.
(3) In the event that the marketing order or agreement
provides that a majority of the commodity board be
appointed by the director, the marketing order or agreement
shall incorporate the provisions of RCW 15.65.243 for board
member selection.
(4) The director shall appoint to every board one member
who represents the director. The director shall be a voting
member of each commodity board. [2003 c 396 § 9; 2002 c
313 § 20; 1961 c 256 § 22.]
15.65.220
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.230 Qualifications of members of commodity
boards. A producer member of each commodity board must
be a practical producer of the affected commodity and must
be a citizen, resident of this state, and over the age of eighteen
years. Each producer board member must be and have been
actually engaged in producing such a commodity within the
state of Washington for a period of five years and have, dur15.65.230
[Title 15 RCW—page 129]
15.65.235
Title 15 RCW: Agriculture and Marketing
ing that period, derived a substantial portion of his or her
income therefrom and not be engaged in business, directly or
indirectly, as a handler or other dealer. A handler member of
each board must be a practical handler of the affected commodity and must be a citizen, resident of this state, and over
the age of eighteen years. Each handler board member must
be and have been, either individually or as an officer or
employee of a corporation, firm, partnership, association, or
cooperative, actually engaged in handling such a commodity
within the state of Washington for a period of five years and
have, during that period, derived a substantial portion of his
or her income therefrom. The qualification of a member of
the board as set forth in this section must continue during the
term of office. [2002 c 313 § 21; 2001 c 315 § 5; 1961 c 256
§ 23.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.235
15.65.235 Producer-handlers as producers for membership purposes—Exception. Whenever any commodity
board is formed under the provisions of this chapter and it
only affects producers and producer-handlers, then such producer-handlers shall be considered to be acting only as producers for purpose of membership on a commodity board:
PROVIDED, That this section shall not apply to a commodity board which only affects producers and producer-handlers
of essential oils. [2002 c 313 § 22; 1971 c 25 § 1.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
(2) Candidates for director-appointed board positions on
a commodity board shall be nominated under RCW
15.65.250.
(3) The director shall cause an advisory vote to be held
for the director-appointed positions. Not less than ten days in
advance of the vote, advisory ballots shall be mailed to all
producers or handlers entitled to vote, if their names appear
upon the list of affected parties or affected producers or handlers, whichever is applicable. Notice of every advisory vote
for board membership shall be published in a newspaper of
general circulation within the affected area defined in the
order or agreement not less than ten days in advance of the
date of the vote. The advisory ballot shall be conducted in a
manner so that it is a secret ballot. The names of the two candidates receiving the most votes in the advisory vote shall be
forwarded to the director for potential appointment to the
board. In the event there are only two candidates nominated
for a board position, an advisory vote may not be held and the
candidates’ names shall be forwarded to the director for
potential appointment.
(4) The candidates whose names are forwarded to the
director for potential appointment shall submit to the director
a letter stating why he or she wishes to be appointed to the
board. The director may select either person for the position.
[2002 c 313 § 24.]
*Reviser’s note: RCW 15.65.245 was repealed by 2003 c 396 § 37.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.250 Nominations for election to commodity
board—When only one nominee. For the purpose of nominating candidates for board memberships, the director shall
call separate meetings of the affected producers and handlers
within the affected area and in case elections shall be by districts the director shall call separate meetings for each district. However, at the inception any marketing agreement or
order nominations may be at the issuance hearing. Nomination meetings shall be called annually and at least thirty days
in advance of the date set for the election of board members.
Notice of every such meeting shall be published in a newspaper of general circulation within the affected area defined in
the order or agreement not less than ten days in advance of
the date of such meeting and in addition, written notice of
every such meeting shall be given to all on the list of affected
parties or affected producers and/or handlers, whichever is
applicable. However, if the agreement or order provides for
election by districts such written notice need be given only to
the producers or handlers residing in or whose principal place
of business is within such district. Nonreceipt of notice by
any interested person shall not invalidate proceedings at such
meetings. Any qualified person may be nominated orally for
membership upon such board at the said meetings. Nominations may also be made within five days after any such meeting by written petition filed with the director signed by not
less than five producers or handlers, as the case may be, entitled to have participated in said meeting.
If the board moves and the director approves that the
nomination meeting procedure be deleted, the director shall
give notice of the vacancy by mail to all affected producers or
handlers. The notice shall call for nominations in accordance
with the marketing order or agreement and shall give the final
15.65.250
15.65.240
15.65.240 Terms of members of commodity boards—
Elections or appointment. The term of office of board
members shall be three years, and one-third as nearly as may
be shall be elected or appointed every year: PROVIDED,
That at the inception of any agreement or order the entire
board shall be elected or appointed one-third for a term of one
year, one-third for a term of two years and one-third for a
term of three years to the end that memberships on such
board shall be on a rotating basis. In the event an order or
agreement provides that both producers and handlers shall be
members of such board the terms of each type of member
shall be so arranged that one-third of the handler members as
nearly as may be and one-third of the producer members as
nearly as may be shall be elected or appointed each year.
Any marketing agreement or order may provide for election or appointment of board members by districts, in which
case district lines and the number of board members to be
elected or appointed from each district shall be specified in
such agreement or order and upon such basis as the director
finds to be fair and equitable and reasonably adapted to effectuate the declared policies of this chapter. [2002 c 313 § 23;
1961 c 256 § 24.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.243
15.65.243 When director appoints majority of the
board—Nominations—Advisory vote—Notice—Director selects either of two candidates receiving the most
votes. (1) This section or *RCW 15.65.245 applies when the
director appoints a majority of the board positions as set forth
under RCW 15.65.220(3).
[Title 15 RCW—page 130]
(2010 Ed.)
Washington State Agricultural Commodity Boards
date for filing nominations which shall not be less than
twenty days after the notice was mailed.
Not more than one board member may be part of the
same "person" as defined by this chapter. When only one
nominee is nominated for any position on the board, the
director shall determine whether the nominee meets the qualifications for the position and, if so, the director shall declare
the nominee elected or appoint the nominee to the position.
[2002 c 313 § 26; 1987 c 393 § 7; 1985 c 261 § 9; 1975 1st
ex.s. c 7 § 5; 1961 c 256 § 25.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.260 Election of members of commodity
board—Procedure. (1) The elected members of every commodity board shall be elected by secret mail ballot under the
supervision of the director. Elected producer members of the
board shall be elected by a majority of the votes cast by the
affected producers within the affected area, but if the marketing order or agreement provides for districts such producer
members of the board shall be elected by a majority of the
votes cast by the affected producers in the respective districts.
Each affected producer within the affected area shall be entitled to one vote. Elected handler members of the board shall
be elected by a majority of the votes cast by the affected handlers within the affected area, but if the marketing order or
agreement provides for districts such handler members of the
board shall be elected by a majority of the votes cast by the
affected handlers in the respective districts. Each affected
handler within the affected area shall be entitled to one vote.
If a nominee does not receive a majority of the votes on
the first ballot a run-off election shall be held by mail in a
similar manner between the two candidates for such position
receiving the largest number of votes.
(2) Notice of every election for board membership shall
be published in a newspaper of general circulation within the
affected area defined in the order or agreement not less than
ten days in advance of the date of such election. Not less than
ten days prior to every election for board membership, the
director shall mail a ballot of the candidates to each producer
and handler entitled to vote whose name appears upon the list
of affected parties or affected producers or handlers, whichever is applicable. Any other producer or handler entitled to
vote may obtain a ballot by application to the director upon
establishing his or her qualifications. Nonreceipt of a ballot
by any person entitled to vote shall not invalidate the election
of any board member. [2002 c 313 § 27; 1985 c 261 § 10;
1961 c 256 § 26.]
15.65.260
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.270 Vacancies, quorum, compensation, travel
expenses of commodity board members and employees.
(1) In the event of a vacancy in an elected position on the
board, the remaining board members shall select a qualified
person to fill the vacant position for the remainder of the current term or as provided in the marketing order or agreement.
(2) In the event of a vacancy on the board in a position
appointed by the director, the remaining board members shall
recommend to the director a qualified person for appointment
to the vacant position. The director shall appoint the person
recommended by the board unless the person fails to meet the
15.65.270
(2010 Ed.)
15.65.280
qualifications of board members under this chapter and the
marketing order or agreement.
(3) A majority of the voting members of the board shall
constitute a quorum for the transaction of all business and the
carrying out of all duties of the board.
(4) Each member of the board shall be compensated in
accordance with RCW 43.03.230. Members and employees
of the board may be reimbursed for actual travel expenses
incurred in carrying out the provisions of this chapter, as
defined under the commodity board’s marketing order or
agreement. Otherwise, if not defined or referenced in the
marketing order or agreement, reimbursement for travel
expenses shall be at the rates allowed state employees in
accordance with RCW 43.03.050 and 43.03.060. [2002 c 313
§ 28; 2001 2nd sp.s. c 6 § 1; 1984 c 287 § 16; 1975-’76 2nd
ex.s. c 34 § 19; 1961 c 256 § 27.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Additional notes found at www.leg.wa.gov
15.65.280 Powers and duties of commodity board—
Reservation of power to director. The powers and duties of
the board shall be:
(1) To elect a chair and such other officers as it deems
advisable;
(2) To advise and counsel the director with respect to the
administration and conduct of such marketing agreement or
order;
(3) To recommend to the director administrative rules
and orders and amendments thereto for the exercise of his or
her powers in connection with such agreement or order;
(4) To advise the director upon any and all assessments
provided pursuant to the terms of such agreement or order
and upon the collection, deposit, withdrawal, disbursement
and paying out of all moneys;
(5) To assist the director in the collection of such necessary information and data as the director may deem necessary
in the proper administration of this chapter;
(6) To administer the order or agreement as its administrative board if the director designates it so to do in such order
or agreement;
(7) To work cooperatively with other local, state, and
federal agencies; universities; and national organizations for
the purposes provided in the board’s marketing order or
agreement;
(8) To enter into contracts or interagency agreements
with any private or public agency, whether federal, state, or
local, to carry out the purposes provided in the board’s marketing order or agreement. Personal service contracts must
comply with chapter 39.29 RCW;
(9) To accept and expend or retain any gifts, bequests,
contributions, or grants from private persons or private and
public agencies to carry out the purposes provided in the
board’s marketing order or agreement;
(10) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of a
board. The retention of a private attorney is subject to review
by the office of the attorney general;
15.65.280
[Title 15 RCW—page 131]
15.65.283
Title 15 RCW: Agriculture and Marketing
(11) To engage in appropriate fund-raising activities for
the purpose of supporting activities of the board authorized
by the marketing order or agreement;
(12) To enter into contracts or agreements for research in
the production, irrigation, processing, transportation, marketing, use, or distribution of an affected commodity;
(13) To participate in international, federal, state, and
local hearings, meetings, and other proceedings relating to
the production, irrigation, manufacture, regulation, transportation, distribution, sale, or use of affected commodities
including activities authorized under *RCW 42.17.190,
including the reporting of those activities to the public disclosure commission;
(14) To maintain a list of the names and addresses of
affected producers that may be compiled from information
used to collect assessments under the marketing order or
agreement, and data on the value of each producer’s production for a minimum three-year period;
(15) To maintain a list of the names and addresses of persons who handle the affected commodity within the affected
area and data on the amount and value of the commodity handled for a minimum three-year period by each person; and
(16) To perform such other duties as the director may
prescribe in the marketing agreement or order.
Any agreement or order under which the commodity
board administers the order or agreement shall (if so
requested by the affected producers within the affected area
in the proposal or promulgation hearing) contain provisions
whereby the director reserves the power to approve or disapprove every order, rule or directive issued by the board, in
which event such approval or disapproval shall be based on
whether or not the director believes the board’s action has
been carried out in conformance with the purposes of this
chapter. [2010 c 8 § 6075; 2002 c 313 § 29; 2001 c 315 § 6;
1985 c 261 § 11; 1961 c 256 § 28.]
*Reviser’s note: RCW 42.17.190 was recodified as RCW 42.17A.635
by 2010 c 204 § 1102, effective January 1, 2012.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.283 Members may belong to association with
same objectives—Contracts with other associations
authorized. Any member of an agricultural commodity
board may also be a member or officer of an association
which has the same objectives for which the agricultural
commodity board was formed. An agricultural commodity
board may also contract with such association for services
necessary to carry out any purposes authorized under this
chapter, provided that an appropriate contract has been
entered into. [1972 ex.s. c 112 § 1.]
15.65.283
15.65.285 Restrictive provisions of chapter 43.78
RCW not applicable to promotional printing and literature of commodity boards. The restrictive provisions of
chapter 43.78 RCW, as now or hereafter amended, shall not
apply to promotional printing and literature for any commodity board. [1972 ex.s. c 112 § 2.]
15.65.285
15.65.287 Commission’s plans, programs, and
projects—Director’s approval required. (1) Each commodity commission shall develop and submit to the director
15.65.287
[Title 15 RCW—page 132]
for approval any plans, programs, and projects concerning
the following:
(a) The establishment, issuance, effectuation, and
administration of appropriate programs or projects for the
advertising and promotion of the affected commodity; and
(b) The establishment and effectuation of market
research projects, market development projects, or both to the
end that the marketing and utilization of the affected commodity may be encouraged, expanded, improved, or made
more efficient.
(2) The director shall review each commodity commission’s advertising or promotion program to ensure that no
false claims are being made concerning the affected commodity.
(3) Each commodity commission, prior to the beginning
of its fiscal year, shall prepare and submit to the director for
approval its research plan, its commodity-related education
and training plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a
timely manner. [2003 c 396 § 10.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.65.289 Commission speaks for state—Director’s
oversight. Each commission organized under a marketing
order adopted under this chapter exists primarily for the benefit of the people of the state of Washington and its economy.
The legislature hereby charges each commission, with oversight by the director, to speak on behalf of Washington state
government with regard to its particular commodity. [2003 c
396 § 11.]
15.65.289
Effective date—2003 c 396: See note following RCW 15.66.030.
15.65.290 Claims and liabilities, enforcement against
organization—Personal liabilities of officials, employees,
etc. Obligations incurred by any administrator or board or
employee or agent thereof pertaining to their performance or
nonperformance or misperformance of any matters or things
authorized, required or permitted them by this chapter or any
marketing agreement or order issued pursuant to this chapter,
and any other liabilities or claims against them or any of them
shall be enforced in the same manner as if the whole organization under such marketing agreement or order were a corporation. No liability for the debts or actions of such administrator, board, employee, or agent incurred in their official
capacity under the agreement or order shall exist either
against its administrator, board, officers, employees, and/or
agents in his or her or their individual capacity, nor against
the state of Washington or any subdivision or instrumentality
thereof nor against any other organization, administrator or
board (or employee or agent thereof) established pursuant to
this chapter or the assets thereof. The administrator of any
order or agreement, the members of any such board, and also
his or her or their agents and employees, shall not be held
responsible individually in any way whatsoever to any person
for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee,
except for their own individual acts of dishonesty or crime.
No such person or employee shall be held responsible individually for any act or omission of any other administrator,
15.65.290
(2010 Ed.)
Washington State Agricultural Commodity Boards
board, member of any such board, or other person. The liability of the members of any such board shall be several and
not joint and no member shall be liable for the default of any
other member. [2010 c 8 § 6076; 1961 c 256 § 29.]
15.65.295
15.65.295 Lists of all affected producers and handlers—Affected parties responsible for accuracy—Use of
lists. (1) Each commodity board shall prepare a list of all
affected producers from any information available from the
department, producers, producer associations or organizations, or handlers of the affected commodity. This list shall
contain the names and addresses of all affected persons who
produce the affected commodity and the amount, by unit, of
the affected commodity produced during at least the past
three years.
(2) Each commodity board shall prepare a list of all persons who handle the affected commodity and the amount of
the commodity handled by each person during at least the
past three years.
(3) It is the responsibility of all affected parties to ensure
that their correct address is filed with the commodity board.
It is also the responsibility of affected parties to submit production data and handling data to the commodity board as
prescribed by the board’s marketing order or agreement.
(4) Any qualified person may, at any time, have his or
her name placed upon any list for which he or she qualifies by
delivering or mailing the information to the commodity
board. The lists shall be corrected and brought up-to-date in
accordance with evidence and information provided to the
commodity board.
(5) At the director’s request, the commodity board shall
provide the director a list of affected producers or handlers
that is certified by the commodity board to be complete
according to the commodity board’s records. The list shall
contain all information required by the director to conduct a
referendum or board member election or selection under this
chapter and the marketing order or agreement.
(6) For all purposes of giving notice, holding referenda,
and electing or selecting members of a commodity board, the
applicable list corrected up to the day preceding the date the
list is certified by the commodity board and mailed to the
director is deemed to be the list of all affected producers or
affected handlers, as applicable, entitled to notice or to vote.
Inadvertent failure to notify an affected producer or handler
does not invalidate a proceeding conducted under this chapter. [2002 c 313 § 30.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.300
15.65.300 Agreement or order to contain detailed
statement of powers and purposes. The purposes for which
each marketing agreement and order is issued and the powers
which shall be exercised thereunder shall be stated in detail in
the provisions of such agreement or order. Any such agreement or order or amendment thereto may contain provisions
for the exercise of any one or more or all of the powers and
purposes set forth in RCW 15.65.310 through 15.65.340.
However, any agreement, order or amendment wherein the
affected commodity is one of those listed below shall contain
provisions for the exercise of only those powers and purposes
(2010 Ed.)
15.65.330
contained in said RCW 15.65.310 through 15.65.340 set after
its name below, to wit:
(1) Wheat, RCW 15.65.310, 15.65.320 and 15.65.330.
[1961 c 256 § 30.]
15.65.305 Promotional hosting expenditures—Rules.
Agricultural commodity boards shall adopt rules governing
promotional hosting expenditures by commodity board
employees, agents, or board members under RCW 15.04.200.
[2002 c 313 § 31.]
15.65.305
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.310 Advertising, sale, trade barrier, claim, etc.,
provisions in agreement or order. Any marketing agreement or order may provide for advertising, sales, promotion
and/or other programs for maintaining present markets and/or
creating new or larger markets for the affected commodity. It
may also provide for the prevention, modification or removal
of trade barriers which obstruct the free flow of the affected
commodity to market. Each such order or agreement and all
programs thereunder shall be directed toward increasing the
sale of such commodity without reference to any particular
brand or trade name and shall neither make use of false or
unwarranted claims in behalf of such commodity nor disparage the quality, value, sale or use of any other agricultural
commodity. [1961 c 256 § 31.]
15.65.310
15.65.320 Agreement and order provisions for
research. Any marketing agreement or order may provide
for research in the production, processing, and/or distribution
of the affected commodity and for the expenditure of money
for such purposes. Insofar as practicable, such research shall
be carried out by experiment stations of Washington state
university but if in the judgment of the director or his or her
designee said experiment stations do not have adequate facilities for a particular project or if some other research agency
has better facilities therefor, the project may be carried out by
other research agencies selected by the director or his or her
designee. [2010 c 8 § 6077; 1961 c 256 § 32.]
15.65.320
15.65.330 Agreement and order provisions for uniform grades and standards—Enforcement—Rules. Any
marketing agreement or order may contain provisions which
directly provide for, or which authorize the director or his or
her designee to provide by rules and regulations for, any one
or more, or all, of the following: (1) Establishing uniform
grades and standards of quality, condition, maturity, size,
weight, pack, packages, and/or label for the affected commodity or any products thereof; (2) requiring producers, handlers, and/or other persons to conform to such grades and/or
standards in packing, packaging, processing, labeling, selling, or otherwise commercially disposing of the affected
commodity and/or in offering, advertising, and/or delivering
it therefor; (3) providing for inspection and enforcement to
ascertain and effectuate compliance; (4) establishing rules
and regulations respecting the foregoing; (5) providing that
the director or his or her designee shall carry out inspection
and enforcement of, and may (within the general provisions
of the agreement or order) establish detailed provisions relating to, such standards and grades and such rules and regula15.65.330
[Title 15 RCW—page 133]
15.65.340
Title 15 RCW: Agriculture and Marketing
tions: PROVIDED, That any modification not of a substantial nature, such as the modification of standards within a certain grade may be made without a hearing, and shall not be
considered an amendment for the purposes of this chapter.
[2010 c 8 § 6078; 1961 c 256 § 33.]
15.65.340 Agreement and order provisions prohibiting or regulating certain practices. Any marketing agreement or order may contain provisions prohibiting and/or otherwise regulating any one or more or all of the practices listed
to the extent that such practices affect, directly or indirectly,
the commodity which forms the subject matter of such agreement or order or any product thereof, but only with respect to
persons who engage in such practices with the intent of or
with the reasonably foreseeable effect of inducing any purchaser to become his or her customer or his or her supplier or
of otherwise dealing or trading with him or her or of diverting
trade from a competitor, to wit:
(1) Paying rebates, commissions, or unearned discounts;
(2) Giving away or selling below the true cost (which
includes all direct and indirect costs incurred to the point of
sale plus a reasonable margin of mark-up for the seller) any
of the affected commodities or of any other commodity or
product thereof;
(3) Unfairly extending privileges or benefits (pertaining
to price, to credit, to the loan, lease or giving away of facilities, equipment or other property or to any other matter or
thing) to any customer, supplier, or other person;
(4) Discriminating between customers, or suppliers of
like class;
(5) Using the affected or any other commodity or product thereof as a loss leader or using any other device whereby
for advertising, promotional, come-on or other purposes such
commodity or product is sold below its fair value;
(6) Making or publishing false or misleading advertising.
Such regulation may authorize uniform trade practices applicable to all similarly situated handlers and/or other persons.
Such regulation shall not prevent any person (a) from selling
below cost to liquidate excess inventory which cannot otherwise be moved, or (b) from meeting the equally low legal
price of any competitor within any one trading area during
any one trading period and the director may define in said
marketing agreement or order said trading area and said trading period in accordance with generally accepted industry
practices; but in any event the burden of proving that such
selling was to meet the equally low legal price of a competitor or to liquidate said excess inventory shall be upon the person who sells below cost as above defined. Any marketing
agreement or order may authorize use of any money received
and of any persons employed thereunder for legal proceedings, of any type and in the name of any person, directed to
enforcement of this or any other law in force in the state of
Washington relating to the prevention of unfair trade practices. [2010 c 8 § 6079; 1961 c 256 § 34.]
15.65.340
which case such agreement or order shall regulate or apply
with respect to all of the commodity specified in such agreement or order which is produced within such production area
and sold, marketed or delivered for sale or marketing. Such
area may be defined as a "marketing area" in which case such
agreement or order shall regulate or apply with respect to all
of the commodity specified in such agreement or order which
is stored in frozen condition or sold or marketed or delivered
for sale or marketing or distribution or processing or consumption within such marketing area. [1985 c 261 § 12; 1961
c 256 § 35.]
15.65.360 Agreement and order provisions for marketing information, services, verification of grades, standards, sampling, etc. Any marketing agreement or order
may provide for marketing information and services to producers and for the verification of grades, standards, weights,
tests and sampling of quality and quantity of the agricultural
product purchased by handlers from producers. [1961 c 256
§ 36.]
15.65.360
15.65.370 Agreement or order not to prohibit or discriminatorily burden marketing. No marketing agreement
or order or amendment thereto shall prohibit or discriminatorily burden the marketing in its area of any agricultural commodity or product thereof produced in any production area of
the United States. [1961 c 256 § 37.]
15.65.370
15.65.375 Agreement and order provisions—Participation in proceedings concerning regulation of pesticides
or agricultural chemicals. Any marketing agreement or
order may authorize the members of a commodity board, or
their agents or designees, to participate in federal or state
hearings or other proceedings concerning regulation of the
manufacture, distribution, sale, or use of any pesticide as
defined by *RCW 15.58.030(30) or any agricultural chemical
which is of use or potential use in producing the affected
commodity. Any marketing agreement or order may authorize the expenditure of commodity board funds for this purpose. [2002 c 313 § 32; 1988 c 54 § 1.]
15.65.375
*Reviser’s note: RCW 15.58.030 was amended by 2003 c 212 § 1,
changing subsection (30) to subsection (31).
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.380 Additional agreement or order provisions.
Any marketing agreement or order may contain any other,
further, and different provisions which are incidental to and
not inconsistent with this chapter and which the director finds
to be needed and reasonably adapted to effectuate the
declared policies of this chapter. The provisions shall set
forth the detailed application of this chapter to the affected
agricultural commodity. [2002 c 313 § 33; 1961 c 256 § 38.]
15.65.380
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.390 Annual assessment—Limitation generally.
There is hereby levied, and the director or his or her designee
shall collect, upon each and every affected unit of any agricultural commodity specified in any marketing agreement or
order an annual assessment which shall be paid by the producer thereof upon each and every such affected unit stored
15.65.390
15.65.350 Agreement and order to define applicable
area—"Production area"—"Marketing area." Every
marketing agreement and order shall define the area to which
it applies which may be all or any contiguous portion of the
state. Such area may be defined as a "production area" in
15.65.350
[Title 15 RCW—page 134]
(2010 Ed.)
Washington State Agricultural Commodity Boards
in frozen condition or sold or marketed or delivered for sale
or marketed by him or her, and which shall be paid by the
handler thereof upon each and every such unit purchased or
received for sale, processing or distribution, or stored in frozen condition, by him or her: PROVIDED, That such assessment shall be paid by producers only, if only producers are
regulated by such agreement or order, and by handlers only,
if only handlers are so regulated, and by both producers and
handlers if both are so regulated. Such assessments shall be
expressed as a stated amount of money per unit or as a percentage of the receipt price at the first point of sale. The total
amount of such annual assessment to be paid by all producers
of such commodity, or by all handlers of such commodity
shall not exceed four percent of the total market value of all
affected units stored in frozen condition or sold or marketed
or delivered for sale or marketing by all producers of such
units during the year to which the assessment applies. [2010
c 8 § 6080; 1987 c 393 § 9; 1985 c 261 § 13; 1961 c 256 § 39.]
15.65.400 Rate of assessment. In every marketing
agreement and order the director shall prescribe the rate of
such assessment. Such assessment shall be expressed as a
stated amount of money per unit or as a percentage of the
receipt price at the first point of sale. Such rate may be at the
full amount of, or at any lesser amount than the amount hereinabove limited. Such rate may be altered or amended from
time to time, but only upon compliance with the procedural
requirements of this chapter. In every such marketing agreement, order and amendment the director shall base his or her
determination of such rate upon the volume and price of sales
of affected units (or units which would have been affected
units had the agreement or order been in effect) during a
period which the director determines to be a representative
period. The rate of assessment prescribed in any such agreement, order or amendment shall for all purposes and times be
deemed to be within the limits of assessment above provided
until such time as such agreement or order is amended as to
such rate. [2010 c 8 § 6081; 1987 c 393 § 10; 1961 c 256 §
40.]
15.65.400
15.65.410 Time, place, method for payment and collection of assessments. The director shall prescribe in each
marketing order and agreement the time, place, and method
for payment and collection of assessments under such order
or agreement upon any uniform basis applicable alike to all
producers subject to such assessment, and upon the same or
any other uniform basis applicable alike to all handlers subject to such assessment. For such purpose the director may,
by the terms of the marketing order or agreement:
(1) Require stamps to be purchased from him or her or
his or her designee and attached to the containers, invoices,
shipping documents, inspection certificates, releases, or
receiving receipts or tickets (said stamps to be canceled
immediately upon being attached and the date of cancellation
placed thereon); or
(2) Require handlers to collect producer assessments
from producers whose production they handle and remit the
same to the director or his or her designee; or
(3) Require the person subject to the assessment to give
adequate assurance or security for its payment; or
15.65.410
(2010 Ed.)
15.65.440
(4) Require in the case of assessments against affected
units stored in frozen condition:
(a) Cold storage facilities storing such commodity to file
information and reports with the department or affected commission regarding the amount of commodity in storage, the
date of receipt, and the name and address of each such owner;
and
(b) That such commodity not be shipped from a cold
storage facility until the facility has been notified by the commission that the commodity owner has paid the commission
for any assessments imposed by the marketing order.
Unless the director has otherwise provided in any marketing order or agreement, assessments payable by producers
shall be paid prior to the time when the affected unit is
shipped off the farm, and assessments payable to handlers
shall be paid prior to the time when the affected units are
received by or for the account of the first handler. No
affected units shall be transported, carried, shipped, sold,
marketed, or otherwise handled or disposed of until every due
and payable assessment herein provided for has been paid by
the producer or first handler and the receipt issued. [2010 c 8
§ 6082; 1985 c 261 § 14; 1961 c 256 § 41.]
15.65.420 Use of moneys collected—Departmental
expenses. Moneys collected by the director or his or her designee pursuant to any marketing order or agreement from any
assessment or as an advance deposit thereon, shall be used by
the director or his or her designee only for the purpose of paying for expenses and costs arising in connection with the formulation, issuance, administration, and enforcement of such
order or agreement and carrying out its provisions together
with a proportionate share of the overhead expenses of the
department attributable to its performance of its duties under
this chapter with respect to such marketing order or agreement. [2010 c 8 § 6083; 1961 c 256 § 42.]
15.65.420
15.65.430 Refunds of moneys received or collected.
Any moneys collected or received by the director or his or her
designee pursuant to the provisions of any marketing agreement or order during or with respect to any season or year
may be refunded on a pro rata basis at the close of such season or year or at the close of such longer period as the director
determines to be reasonably adapted to effectuate the
declared policies of this chapter and the purposes of such
marketing agreement or order, to all persons from whom such
moneys were collected or received, or may be carried over
into and used with respect to the next succeeding season, year
or period whenever the director or a designee finds that the
same will tend to effectuate such policies and purposes.
[2002 c 313 § 34; 1961 c 256 § 43.]
15.65.430
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.440 Assessments personal debt—Additional
percentage if not paid—Civil action to collect. Any due
and payable assessment herein levied in such specified
amount as may be determined by the director or his or her
designee pursuant to the provisions of this chapter and such
agreement or order, shall constitute a personal debt of every
person so assessed or who otherwise owes the same, and the
same shall be due and payable to the director or his or her
15.65.440
[Title 15 RCW—page 135]
15.65.450
Title 15 RCW: Agriculture and Marketing
designee when payment is called for by him or her. In the
event any person fails to pay the director or his or her designee the full amount of such assessment or such other sum on
or before the date due, the director or his or her designee may,
and is hereby authorized to, add to such unpaid assessment or
sum an amount not exceeding ten percent of the same to
defray the cost of enforcing the collecting of the same. In the
event of failure of such person or persons to pay any such due
and payable assessment or other such sum, the director or his
or her designee may bring a civil action against such person
or persons in a court of competent jurisdiction for the collection thereof, together with the above specified ten percent
thereon, and such action shall be tried and judgment rendered
as in any other cause of action for debt due and payable.
[2010 c 8 § 6084; 1985 c 261 § 15; 1961 c 256 § 44.]
15.65.450 Deposit to defray department’s expenses—
Circumstances requiring reimbursement. Prior to the
issuance of any marketing agreement or order, the director
may require the applicants therefor to deposit with him or her
such amount of money as the director may deem necessary to
defray the expenses of preparing and making effective such
agreement or order.
(1) A commodity board shall reimburse the department
for expenses incurred by the department when a commodity
board petitions the director to amend or terminate a marketing order or agreement and for other services provided by the
department under this chapter. The department shall provide
to a commodity board an estimate of expenses that may be
incurred to amend or terminate a marketing order or agreement prior to any services taking place.
(2) Petitioners who are not a majority of a commodity
board, and who file a petition with the director to issue,
amend, or terminate a marketing order or agreement, shall
deposit funds with the director to pay for expenses incurred
by the department, under rules adopted by the director.
(3) A commodity board shall reimburse petitioners the
amount paid to the department under the following circumstances:
(a) If the petition is to issue a marketing order or agreement, the commodity board shall reimburse the petitioners
the amount expended by the department when funds become
available after establishment of the commodity board; or
(b) If the petition is to amend or terminate a marketing
order or agreement and the proposal is assented to by the
affected parties or affected producers, the commodity board
shall reimburse the petitioners within thirty days of the referendum.
(4) If for any reason a proceeding is discontinued, the
commodity board or petitioners, whichever is applicable,
shall only reimburse the department for expenses incurred by
the department up until the time the proceeding is discontinued. [2002 c 313 § 35; 1961 c 256 § 45.]
15.65.450
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.470 Depositaries for revolving fund—Deposits.
The director or his or her designee shall designate financial
institutions which are qualified public depositaries under
chapter 39.58 RCW as depositary or depositaries of money
received for the marketing act revolving fund. All moneys
15.65.470
[Title 15 RCW—page 136]
received by the director or his or her designee or by any
administrator, board or employee, except an amount of petty
cash for each day’s needs as fixed by the regulations, shall be
deposited each day in a designated depositary. [1987 c 393 §
8; 1961 c 256 § 47.]
15.65.480 Separate accounts for each agreement or
order—Disbursements. The director and each of his or her
designees shall deposit or cause to be deposited all moneys
which are collected or otherwise received by them pursuant
to the provisions of this chapter in a separate account or
accounts separately allocated to each marketing order or
agreement under which such moneys are collected or
received, and such deposits and accounts shall be in the name
of and withdrawable by the check or draft of the administrator or board or designated employee thereof established by
such order or agreement. All expenses and disbursements
incurred and made pursuant to the provisions of any marketing agreement or order, including a pro rata share of the
administrative expenses of the department of agriculture
incurred in the general administration of this chapter and all
orders and agreements issued pursuant thereto, shall be paid
from, and only from, moneys collected and received pursuant
to such order or agreement and all moneys deposited for the
account of any order or agreement in the marketing act
revolving fund shall be paid from said account of such fund
by check, draft or voucher in such form and in such manner
and upon the signature of such person as may be prescribed
by the director or his or her designee. [2010 c 8 § 6085; 1961
c 256 § 48.]
15.65.480
15.65.490 Records of financial transactions to be
kept by director—Audits. The director and each of his or
her designees shall keep or cause to be kept separately for
each agreement and order in accordance with accepted standards of good accounting practice, accurate records of all
assessments, collections, receipts, deposits, withdrawals, disbursements, paid outs, moneys, and other financial transactions made and done pursuant to such order or agreement,
and the same shall be audited at least every five years subject
to procedures and methods lawfully prescribed by the state
auditor. The books and accounts maintained under every
such agreement and order shall be closed as of the last day of
each fiscal year of the state of Washington or of a fiscal year
determined by the director. A copy of every such audit shall
be delivered within thirty days after the completion thereof to
the governor and the commodity board of the agreement or
order concerned. [2010 c 8 § 6086; 1982 c 81 § 1; 1979 c 154
§ 5; 1973 c 106 § 10; 1961 c 256 § 49.]
15.65.490
Additional notes found at www.leg.wa.gov
15.65.500 Bonds of administrator, board, employee.
The director or his or her designee shall require that a bond be
given by every administrator, administrative board, and/or
employee occupying a position of trust under any marketing
agreement or order, in such amount as the director or his or
her designee shall deem necessary, the premium for which
bond or bonds shall be paid from assessments collected pursuant to such order or agreement: PROVIDED, That such
bond need not be given with respect to any person covered by
15.65.500
(2010 Ed.)
Washington State Agricultural Commodity Boards
any blanket bond covering officials or employees of the state
of Washington. [2010 c 8 § 6087; 1961 c 256 § 50.]
15.65.510 Information and inspections required—
Hearings—Confidentiality and disclosures. All parties to
a marketing agreement, all persons subject to a marketing
order, and all producers, dealers, and handlers of a commodity governed by the provisions of a marketing agreement or
order shall severally from time to time, upon the request of
the director, the director’s designee, or the commodity board
established under the marketing agreement or order, furnish
such information and permit such inspections as the director,
the director’s designee, or the commodity board finds to be
necessary to effectuate the declared policies of this chapter
and the purposes of such agreement or order. Information and
inspections may also be required by the director, the director’s designee, or the commodity board to ascertain and
determine the extent to which such agreement or order has
been carried out or has effectuated such policies and purposes, or to determine whether or not there has been any
abuse of the privilege of exemption from laws relating to
trusts, monopolies and restraints of trade. Such information
shall be furnished in accordance with forms and reports to be
prescribed by the director, the director’s designee, or the
commodity board. The director, the director’s designee, or a
designee of the commodity board is hereby authorized to
inspect crops and examine such books, papers, records, copies of tax reports, accounts, correspondence, contracts, documents, or memoranda as he or she deems relevant and which
are within the control:
(1) Of any such party to such marketing agreement or,
any person subject to any marketing order from whom such
report was requested, or
(2) Of any person having, either directly or indirectly,
actual or legal control of or over such party, producer or handler of such records, or
(3) Of any subsidiary of any such party, producer, handler or person.
To carry out the purposes of this section the director or
the director’s designee upon giving due notice, may hold
hearings, take testimony, administer oaths, subpoena witnesses and issue subpoenas for the production of books,
records, documents or other writings of any kind. RCW
*15.65.080, 15.65.090, 15.65.100 and 15.65.110, together
with such other regulations consistent therewith as the director may from time to time prescribe, shall apply with respect
to any such hearing. All information furnished to or acquired
by the director or the director’s designee pursuant to this section shall be kept confidential by all officers and employees
of the director or the director’s designee and only such information so furnished or acquired as the director deems relevant shall be disclosed by the director or them, and then only
in a suit or administrative hearing brought at the direction or
upon the request of the director or to which the director or the
director’s designee or any officer of the state of Washington
is a party, and involving the marketing agreement or order
with reference to which the information so to be disclosed
was furnished or acquired.
Nothing in this section shall prohibit:
(1) The issuance of general statements based upon the
reports of a number of persons subject to any marketing
15.65.510
(2010 Ed.)
15.65.530
agreement or order, which statements do not identify the
information furnished by any person; or
(2) The publication by the director or the director’s designee of the name of any person violating any marketing
agreement or order, together with a statement of the particular provisions and the manner of the violation of the marketing agreement or order so violated by such person. [1989 c
354 § 29; 1961 c 256 § 51.]
*Reviser’s note: RCW 15.65.080 was repealed by 2002 c 313 § 37.
Additional notes found at www.leg.wa.gov
15.65.520 Criminal acts and penalties. It shall be a
misdemeanor:
(1) For any person to violate any provision of this chapter or any provision of any marketing agreement or order duly
issued by the director pursuant to this chapter.
(2) For any person to wilfully render or furnish a false or
fraudulent report, statement, or record required by the director pursuant to the provisions of this chapter or any provision
of any marketing agreement or order duly issued by the director pursuant to this chapter or to wilfully fail or refuse to furnish or render any such report, statement, or record so
required.
(3) For any person engaged in the wholesale or retail
trade to fail or refuse to furnish to the director or his or her
designee or his or her duly authorized agents, upon request,
information concerning the name and address of the person
from whom he or she has received an agricultural commodity
regulated by a marketing agreement or order in effect and
issued pursuant to the terms of this chapter and the grade,
standard, quality, or quantity of and the price paid for such
commodity so received.
Every person convicted of any such misdemeanor shall
be punished by a fine of not less than fifty dollars nor more
than five hundred dollars or by imprisonment of not less than
ten days nor more than six months or by both such fine and
imprisonment. Each violation during any day shall constitute
a separate offense: PROVIDED, That if the court finds that a
petition pursuant to RCW 15.65.570 was filed and prosecuted
by the defendant in good faith and not for delay, no penalty
shall be imposed under subsection (1) of this section for such
violations as occurred between the date upon which the
defendant’s petition was filed with the director and the date
upon which notice of the director’s decision thereon was
given to the defendant in accordance with RCW 15.65.570
and regulations prescribed pursuant thereto. [2010 c 8 §
6088; 1961 c 256 § 52.]
15.65.520
15.65.530
15.65.530 Civil liability—Use of moneys recovered.
Any person who violates any provisions of this chapter or any
marketing agreement or order duly issued and in effect pursuant to this chapter or who violates any rule or regulation
issued by the director and/or his or her designee pursuant to
the provisions of this chapter or of any marketing agreement
or order duly issued by the director and in effect pursuant to
this chapter, shall be liable civilly for a penalty in an amount
not to exceed the sum of five hundred dollars for each and
every violation thereof. Any moneys recovered pursuant to
this section shall be allocated to and used for the purposes of
[Title 15 RCW—page 137]
15.65.540
Title 15 RCW: Agriculture and Marketing
the agreement or order concerned. [2010 c 8 § 6089; 1961 c
256 § 53.]
15.65.540 Jurisdiction of superior courts—Who may
bring action. The several superior courts of the state of
Washington are hereby vested with jurisdiction:
(1) Specifically to enforce this chapter and the provisions
of each and every marketing agreement and order issued pursuant to this chapter and each and every term, condition and
provision thereof;
(2) To prevent, restrain, and enjoin pending litigation
and thereafter permanently any person from violating this
chapter or the provisions of any such agreement or order and
each and every term, condition, and provision thereof,
regardless of the existence of any other remedy at law;
(3) To require pending litigation and thereafter permanently by mandatory injunction each and every person subject to the provisions of any such agreement or order to carry
out and perform the provisions of this chapter an each and
every duty imposed upon him or her by such marketing
agreement or order.
The director or any administrator or board under any
marketing agreement or order, in the name of the state of
Washington, or any person affected or regulated by or subject
to any marketing order or agreement issued pursuant to this
chapter upon joining the director as a party may bring or
cause to be brought actions or proceedings for specific performance, restraint, injunction, or mandatory injunction
against any person who violates or refuses to perform the
obligations or duties imposed upon him or her by this chapter
or by any marketing agreement or order issued pursuant to
this chapter and said courts shall have jurisdiction of such
cause and shall grant such relief upon proof of such violation
or threatened violation or refusal. [2010 c 8 § 6090; 1961 c
256 § 54.]
15.65.540
15.65.550 Duty of attorney general and prosecuting
attorneys—Investigation and hearing by director. Upon
the request of the director or his or her designee, it shall be the
duty of the attorney general of the state of Washington and of
the several prosecuting attorneys in their respective counties
to institute proceedings to enforce the remedies and to collect
the moneys provided for or pursuant to this chapter. Whenever the director and/or his or her designee has reason to
believe that any person has violated or is violating the provisions of any marketing agreement or order issued pursuant to
this chapter, the director and/or his or her designee shall have
and is hereby granted the power to institute an investigation
and, after due notice to such person, to conduct a hearing in
order to determine the facts for the purpose of referring the
matter to the attorney general or to the appropriate prosecuting attorney for appropriate action. The provisions contained
in RCW *15.65.080, 15.65.090, 15.65.100 and 15.65.110
shall apply with respect to such hearings. [2010 c 8 § 6091;
1961 c 256 § 55.]
15.65.550
*Reviser’s note: RCW 15.65.080 was repealed by 2002 c 313 § 37.
15.65.560 Remedies additional. The remedies provided for in this chapter shall be in addition to, and not exclusive of, any other remedies or penalties provided for in this
15.65.560
[Title 15 RCW—page 138]
chapter or now or hereafter existing at law or in equity, and
such remedies shall be concurrent and alternative and neither
singly nor combined shall the same be exclusive. [1961 c 256
§ 56.]
15.65.570 Proceedings subject to administrative procedure act—Exemptions. (1) All proceedings conducted
under this chapter shall be subject to the provisions of chapter
34.05 RCW unless otherwise provided for in this chapter.
(2) Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310, chapter 19.85 RCW, the regulatory fairness act, and RCW
43.135.055 when the adoption of the rules is determined by a
referendum vote of the affected parties. [2002 c 313 § 36;
1961 c 256 § 57.]
15.65.570
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.65.580 Director may issue agreement or order
similar to license or order issued by United States—
Administrator, board. In the event the director finds that it
tends to effectuate the declared purposes of this chapter
within the standards prescribed in this chapter, the director
may issue a marketing agreement or order, applicable to the
marketing, within the state of Washington of any agricultural
commodity, containing like terms, provisions, methods and
procedures as any license or order regulating the marketing of
such commodity in interstate or foreign commerce, issued by
the secretary of agriculture of the United States pursuant to
the provisions of any law or laws of the United States. In
selecting an administrator or the members of any board or
other agency under such marketing order, the director may
utilize the same persons as those serving in a similar capacity
under such federal license or order, so as to avoid duplicating
or conflicting personnel: PROVIDED, That any administrator, board or agency so appointed by the director shall be
responsible to the director for the performance of such of
their duties as relate to the administration of any such marketing agreement or order issued by the director hereunder.
[1961 c 256 § 58.]
15.65.580
15.65.590 Cooperation, joint agreements or orders
with other states and United States to achieve uniformity.
The director and his or her designee are hereby authorized to
confer with and cooperate with the legally constituted authorities of other states and of the United States, for the purpose
of obtaining uniformity in the administration of federal and
state marketing regulations, licenses, agreements, or orders,
and the director is authorized to conduct joint hearings, issue
joint or concurrent marketing agreements or orders, for the
purposes and within the standards set forth in this chapter,
and may exercise any administrative authority prescribed by
this chapter to effect such uniformity of administration and
regulation. [2010 c 8 § 6092; 1961 c 256 § 59.]
15.65.590
15.65.600 Public interest to be protected—Establishment of prices prohibited. The director shall protect the
public interest and the interest of all consumers and producers of every agricultural commodity regulated by every marketing agreement and order issued pursuant to this chapter
and shall neither take nor authorize any action which shall
15.65.600
(2010 Ed.)
Washington State Agricultural Commodity Commissions
have for its purpose the establishment or maintenance of
prices. [1961 c 256 § 60.]
15.65.620 Chapter not to affect other laws—Agreements and orders under prior law may be made subject to
chapter. Nothing in this chapter shall apply to nor alter nor
change any provision of the statutes of the state of Washington relating to the apple commission (RCW 15.24.01015.24.210 inclusive), to the soft tree fruits commission (RCW
15.28.010-15.28.310 inclusive), to [the] dairy products commission (RCW 15.44.010-15.44.180 inclusive), or to the
grain commission (chapter 15.115 RCW). No marketing
agreement or order containing any of the provisions specified
in RCW 15.65.310 or 15.65.320 shall be issued with respect
to the respective commodities affected by said statutes unless
and until any commission established by any such statute
shall cease to perform the provisions of its respective statute.
The provisions of this chapter shall have no application to
any marketing agreement or order issued pursuant to the
Washington agricultural enabling act of 1955 (chapter 15.66
RCW); except that any such marketing agreement or order
issued pursuant to said 1955 act may be brought under this
chapter upon compliance with the provisions of this chapter
relating to amendments of marketing agreements and orders,
whereupon:
(1) The provisions of this chapter shall apply to and the
provisions of said 1955 act shall cease to apply to such marketing agreement or order; and
(2) All assets and liabilities of, or pertaining to such
agreement or order, and of any commission or agency established by it, shall continue to exist with respect to such agreement, order, commission or agency after being so brought
under this chapter. [2009 c 33 § 34; 1961 c 256 § 62.]
15.65.620
15.65.630 Application of chapter to canners, freezers, pressers, dehydrators of fruit or vegetables. Except
for the provisions of this chapter relating to levying, collecting, and paying assessments, nothing in this chapter shall
apply to any person engaged in the canning, freezing, pressing, or dehydrating of fresh fruit or vegetables. [1985 c 261
§ 16; 1961 c 256 § 63.]
15.65.630
15.65.640 Chapter not to apply to green pea grower
or processor. Nothing in this chapter shall apply to any person engaged in growing of or processing green peas. [1961 c
256 § 64.]
15.65.670 Costs of implementing RCW 15.65.287.
The costs incurred by the department associated with the
implementation of RCW 15.65.287 shall be paid for by the
affected commodity commissions. [2003 c 396 § 12.]
15.65.670
Effective date—2003 c 396: See note following RCW 15.66.030.
15.65.900 Savings—1961 c 256. This chapter shall not
repeal, amend or modify chapter 15.66 RCW, or any other
law providing for the marketing of agricultural commodities
and/or providing for marketing agreements or orders for such
agricultural commodities, which shall be in existence on the
date this act becomes effective. [1961 c 256 § 65.]
15.65.900
Reviser’s note: The effective date of this act was midnight June 7,
1961, see preface 1961 session laws.
15.65.910 Severability—1961 c 256. If any section,
sentence, clause or part of this act is for any reason held to be
unconstitutional, such decision shall not affect the remaining
portions of this act. The legislature hereby declares that it
would have passed this act and each section, sentence, clause
and part thereof despite the fact that one or more sections,
clauses or parts thereof be declared unconstitutional. [1961 c
256 § 66.]
15.65.910
Chapter 15.66 RCW
WASHINGTON STATE AGRICULTURAL
COMMODITY COMMISSIONS
Chapter 15.66
(Formerly: Washington agricultural enabling act of 1955—
Commodity commissions)
Sections
15.66.010
15.66.015
15.66.017
15.66.023
15.66.030
15.66.040
15.66.050
15.66.053
15.66.055
15.66.060
15.66.070
15.66.080
15.66.090
15.65.640
15.65.650 Hop commodity board—Powers. In order
to ensure a viable and stable hop industry within the state of
Washington and to further the policies set forth in RCW
15.65.040(2) (d) and (f), the legislature specifically recognizes that the hop commodity board has the power to enter
into contracts, at its discretion, with individual producers of
hops to set aside or remove from production existing planted
hop acreage until such time as the need to contract with individual producers of hops is eliminated based on the adoption
of a federal marketing order. This section does not limit the
director’s duty under RCW 15.65.600. [2002 c 313 § 138.]
15.66.093
15.66.097
15.66.100
15.66.105
15.65.650
Effective dates—2002 c 313: See note following RCW 15.65.020.
(2010 Ed.)
Chapter 15.66
15.66.110
15.66.113
15.66.120
15.66.123
15.66.130
15.66.140
15.66.141
15.66.142
15.66.143
Definitions.
Regulating agricultural commodities—Existing comprehensive scheme.
Regulating agricultural commodities—Laws applicable.
Commission may establish foundation.
Marketing orders authorized—Purposes.
Prerequisites to marketing orders—Director’s duties.
Petition for marketing order—Deposit to defray department’s
expenses—Circumstances requiring reimbursement.
Proceedings subject to administrative procedure act—Exemptions.
Director’s duties and responsibilities—Rules.
Lists of affected parties—Notice—Use of lists.
Petitions for marketing orders—Public hearing—Legal notice.
Findings, conclusions, and recommended decision of the
director—Notification—Final decision.
After final decision—Assent of affected parties determined by
referendum.
Suspension of marketing order upon request of commodity
commission.
Issuing, amending, or terminating a marketing order—Limitation on public hearings or referendums.
Contents of marketing order.
Certain records exempt from public disclosure—Exemptions—Actions not prohibited by chapter.
Commodity commission—Composition—Terms.
When director appoints majority of the commission—Nominations—Advisory vote—Notice—Director selects either of
two candidates receiving the most votes.
Commodity commission—Nominations—Elections—Vacancies.
After any vote, referendum, nomination, or election—
Affected parties provided results—Disputes.
Commodity commission—Meetings—Quorum—Compensation—Travel expenses for members and employees.
Commodity commission—Powers and duties.
Commission’s plans, programs, and projects—Director’s
approval required.
Commission speaks for state—Director’s oversight.
Lists of all affected producers and handlers—Affected parties
responsible for accuracy—Use of lists.
[Title 15 RCW—page 139]
15.66.010
15.66.145
15.66.150
15.66.153
15.66.157
15.66.160
15.66.170
15.66.180
15.66.185
15.66.190
15.66.200
15.66.210
15.66.220
15.66.230
15.66.240
15.66.245
15.66.250
15.66.260
15.66.263
15.66.270
15.66.275
15.66.280
15.66.900
15.66.901
Title 15 RCW: Agriculture and Marketing
Members may belong to association with same objectives—
Contracts with associations authorized.
Annual assessments—Rate—Collection.
Promotional hosting expenditures—Rules.
When commodity commission is terminated—Duties of
affected commodity commission.
Annual assessments—Disposition of revenue.
Annual assessments—Payments—Civil action to enforce.
Expenditure of funds collected.
Investment of agricultural commodity commission funds in
savings or time deposits of banks, trust companies, and
mutual savings banks.
Official bonds required.
Petition for modification or exemption—Hearing—Appeal
from ruling.
Unlawful acts—Penalties—Injunctions—Investigations.
Compliance with chapter a defense in any action.
Liability of commission, state, etc.
Marketing agreements.
Marketing agreement or order—Authority for participation in
proceedings concerning regulation of pesticides or agricultural chemicals.
Price fixing and product limiting prohibited.
Costs of conducting nominations and elections—Reimbursement.
Costs of implementing RCW 15.66.141.
Exempt commissions—Marketing agreements and orders.
Applicability of chapter to state agencies or other governmental units.
Restrictive provisions of chapter 43.78 RCW not applicable to
promotional printing and literature of commissions.
Short title.
Severability—2004 c 99.
Agricultural processing and marketing associations: Chapter 24.34 RCW.
Investment of agricultural commodity commission funds in savings or time
deposits of banks, trust companies and mutual savings banks: RCW
15.66.185.
15.66.010 Definitions. For the purposes of this chapter:
(1) "Director" means the director of agriculture of the
state of Washington or any qualified person or persons designated by the director of agriculture to act for him or her concerning some matter under this chapter.
(2) "Department" means the department of agriculture of
the state of Washington.
(3) "Marketing order" means an order adopted by rule by
the director that establishes a commodity commission for an
agricultural commodity pursuant to this chapter.
(4) "Agricultural commodity" means any of the following commodities or products: Llamas, alpacas, or any other
animal or any distinctive type of agricultural, horticultural,
viticultural, vegetable, and/or animal product, including, but
not limited to, products qualifying as *organic food products
under chapter 15.86 RCW and private sector cultured aquatic
products as defined in RCW 15.85.020 and other fish and fish
products, within its natural or processed state, including beehives containing bees and honey and Christmas trees but not
including timber or timber products. The director is authorized to determine what kinds, types or subtypes should be
classed together as an agricultural commodity for the purposes of this chapter.
(5) "Producer" means any person engaged in the business of producing or causing to be produced for market in
commercial quantities any agricultural commodity. "To produce" means to act as a producer. For the purposes of this
chapter, "producer" shall include bailees who contract to produce or grow any agricultural product on behalf of a bailor
who retains title to the seed and its resulting agricultural
product or the agricultural product delivered for further production or increase.
15.66.010
[Title 15 RCW—page 140]
(6) "Affected producer" means any producer who is subject to a marketing order.
(7) "Affected commodity" means the agricultural commodity that is specified in the marketing order.
(8) "Commodity commission" or "commission" means a
commission formed to carry out the purposes of this chapter
under a particular marketing order concerning an affected
commodity.
(9) "Unit" means a unit of volume, quantity or other
measure in which an agricultural commodity is commonly
measured.
(10) "Unfair trade practice" means any practice which is
unlawful or prohibited under the laws of the state of Washington including but not limited to Titles 15, 16 and 69 RCW
and chapters 9.16, 19.77, 19.80, 19.84, and 19.83 RCW, or
any practice, whether concerning interstate or intrastate commerce that is unlawful under the provisions of the act of Congress of the United States, September 26, 1914, chapter 311,
section 5, 38 U.S. Statutes at Large 719 as amended, known
as the "Federal Trade Commission Act of 1914", or the violation of or failure accurately to label as to grades and standards
in accordance with any lawfully established grades or standards or labels.
(11) "Person" includes any individual, firm, corporation,
limited liability company, trust, association, partnership,
society, or any other organization of individuals or any unit
or agency of local, state, or federal government.
(12) "Cooperative association" means any incorporated
or unincorporated association of producers which conforms
to the qualifications set out in the act of Congress of the
United States, Feb. 18, 1922, chapter 57, sections 1 and 2, 42
U.S. Statutes at Large 388 as amended, known as the "Capper-Volstead Act" and which is engaged in making collective
sales or in marketing any agricultural commodity or product
thereof or in rendering service for or advancing the interests
of the producers of such commodity on a nonprofit cooperative basis.
(13) "Member of a cooperative association" or "member" means any producer of an agricultural commodity who
markets his or her product through such cooperative association and who is a voting stockholder of or has a vote in the
control of or is under a marketing agreement with such cooperative association with respect to such product.
(14) "Affected handler" means any handler of an
affected commodity.
(15) "Affected parties" means any producer, affected
producer, handler, or commodity commission member.
(16) "Assessment" means the monetary amount established in a marketing order that is to be paid by each affected
producer to a commission in accordance with the schedule
established in the marketing order.
(17) "Mail" or "send," for purposes of any notice relating
to rule making, referenda, or elections, means regular mail or
electronic distribution, as provided in RCW 34.05.260 for
rule making. "Electronic distribution" or "electronically"
means distribution by electronic mail or facsimile mail.
(18) "Handler" means any person who acts, either as
principal, agent, or otherwise, in the processing, selling, marketing, or distributing of an agricultural commodity that is
not produced by the handler. "Handler" does not include a
(2010 Ed.)
Washington State Agricultural Commodity Commissions
common carrier used to transport an agricultural commodity.
"To handle" means to act as a handler.
(19) "List of affected parties" means a list containing the
names and mailing addresses of affected parties. This list
must contain the names and addresses of all affected parties
and, if requested by the director, the amount, by unit, of the
affected commodity produced during a designated period
under this chapter.
(20) "List of affected producers" means a list containing
the names and mailing addresses of affected producers. This
list must contain the names and addresses of all affected producers and, if requested by the director, the amount, by unit,
of the affected commodity produced during a designated
period under this chapter.
(21) "List of affected handlers" means a list containing
the names and addresses of affected handlers. This list must
contain the names and addresses of all affected handlers and,
if requested by the director, the amount, by unit, of the
affected commodity handled during a designated period
under this chapter.
(22) "Percent by numbers" means the percent of those
persons on the list of affected parties or affected producers.
(23) "Referendum" means a vote by the affected parties
or affected producers which is conducted by secret ballot.
(24) "Rule-making proceedings" means rule making
under chapter 34.05 RCW.
(25) "Vacancy" means that a commission member leaves
or is removed from a position on the commission prior to the
end of a term, or a nomination process for the beginning of a
term concludes with no candidates for a position.
(26) "Volume of production" means the percent of the
average volume of production of the affected commodity of
those on the list of affected parties or affected producers for a
production period. For the purposes of this chapter, a production period is a minimum three-year period or as specified in
the marketing order. [2002 c 313 § 39; 1993 c 80 § 3; 1986 c
203 § 16; 1985 c 457 § 14; 1983 c 288 § 6; 1982 c 35 § 180;
1975 1st ex.s. c 7 § 6; 1961 c 11 § 15.66.010. Prior: 1955 c
191 § 1.]
*Reviser’s note: The term "organic food products" was changed to
"organic products" by 2010 c 109 § 2.
Effective dates—2002 c 313: See note following RCW 15.65.020.
Short title—Purposes—1983 c 288: See note following RCW
19.86.090.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
15.66.017
efficient, and unhampered marketing, grading, and standardizing of the commodities they produce; and (b) working
towards stabilizing the agricultural industry by increasing
consumption of agricultural commodities within the state, the
nation, and internationally;
(2) That farmers and ranchers operate within a regulatory
environment that imposes burdens on them for the benefit of
society and the citizens of the state and includes restrictions
on marketing autonomy. Those restrictions may impair the
agricultural producer’s ability to compete in local, domestic,
and foreign markets;
(3) That it is now in the overriding public interest that
support for the agricultural industry be clearly expressed, that
adequate protection be given to agricultural commodities,
uses, activities, and operations, and that each agricultural
commodity be promoted individually, and as part of a comprehensive industry to:
(a) Enhance the reputation and image of Washington
state’s agricultural commodities;
(b) Increase the sale and use of Washington state’s agricultural commodities in local, domestic, and foreign markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production
of Washington state’s agricultural commodities;
(d) Increase the knowledge of the health-giving qualities
and dietetic value of Washington state’s agricultural commodities and products; and
(e) Support and engage in programs or activities that
benefit the planting, production, harvesting, handling, processing, marketing, and uses of agricultural commodities produced in Washington state;
(4) That the director seek to enhance, protect, and perpetuate the ability of the private sector to produce food and fiber,
and seek to maintain the economic well-being of the agricultural industry in Washington state consistent with its regulatory activities and responsibilities;
(5) That the director is hereby authorized to implement,
administer, and enforce this chapter through the adoption of
marketing orders that establish commodity commissions; and
(6) That this chapter is enacted in the exercise of the
police powers of this state for the purpose of protecting the
health, peace, safety, and general welfare of the people of this
state. [2002 c 313 § 38.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.017 Regulating agricultural commodities—
Laws applicable. This chapter and the rules adopted under it
are only one aspect of the comprehensively regulated agricultural industry.
(1) Other laws applicable to agricultural commodities
include the following chapters and the rules adopted thereunder:
Chapter 15.08 RCW Horticultural pests and diseases;
Chapter 15.13 RCW Horticultural plants and facilities—
Inspection and licensing;
Chapter 15.14 RCW Planting stock;
Chapter 15.15 RCW Certified seed potatoes;
Chapter 15.17 RCW Standards of grades and packs;
Chapter 15.19 RCW Certification and inspection of ginseng;
15.66.017
Additional notes found at www.leg.wa.gov
15.66.015 Regulating agricultural commodities—
Existing comprehensive scheme. The history, economy,
culture, and the future of Washington state to a large degree
all involve agriculture. In order to develop and promote
Washington’s agricultural products as part of the existing
comprehensive scheme to regulate agricultural commodities,
the legislature declares:
(1) That the marketing of agricultural products within
this state is in the public interest. It is vital to the continued
economic well-being of the citizens of this state and their
general welfare that its agricultural commodities be properly
promoted by (a) enabling producers of agricultural commodities to help themselves in establishing orderly, fair, sound,
15.66.015
(2010 Ed.)
[Title 15 RCW—page 141]
15.66.023
Title 15 RCW: Agriculture and Marketing
Chapter 15.30 RCW Controlled atmosphere storage of
fruits and vegetables;
Chapter 15.49 RCW Seeds;
Chapter 15.53 RCW Commercial feed;
Chapter 15.54 RCW Fertilizers, minerals, and limes;
Chapter 15.58 RCW Washington pesticide control act;
Chapter 15.60 RCW Apiaries;
Chapter 15.64 RCW Farm marketing;
Chapter 15.83 RCW Agricultural marketing and fair
practices;
Chapter 15.85 RCW Aquaculture marketing;
Chapter 15.86 RCW *Organic food products;
Chapter 15.92 RCW Center for sustaining agriculture
and natural resources;
Chapter 17.24 RCW Insect pests and plant diseases;
Chapter 19.94 RCW Weights and measures;
Chapter 20.01 RCW Agricultural products—Commission merchants, dealers, brokers, buyers, agents;
Chapter 22.09 RCW Agricultural commodities;
Chapter 69.04 RCW Food, drugs, cosmetics, and poisons including provisions of 21 C.F.R. relating to the general
manufacturing practices, food labeling, food standards, food
additives, and pesticide tolerances;
Chapter 69.07 RCW Washington food processing act;
Chapter 69.25 RCW Washington wholesome eggs and
egg products act;
Chapter 69.28 RCW Honey;
7 U.S.C., section 136, Federal insecticide, fungicide, and
rodenticide act.
(2) In addition to the laws and regulations listed in subsection (1) of this section that apply to the agricultural industry as a whole, the potato industry is regulated by or must
comply with the following additional laws and the rules or
regulations adopted thereunder:
(a) 7 C.F.R., Part 51, United States standards for grades
of potatoes;
(b) 7 C.F.R., Part 946, Federal marketing order for Irish
potatoes grown in Washington;
(c) 7 C.F.R., Part 1207, Potato research and promotion
plan.
(3) In addition to the laws and regulations listed in subsection (1) of this section that apply to the agricultural industry as a whole, the wheat and barley industries are regulated
by or must comply with the following additional laws and the
rules adopted thereunder:
(a) 7 U.S.C., section 1621, Agricultural marketing act;
(b) Chapter 70.94 RCW, Washington clean air act, agricultural burning.
(4) In addition to the laws and regulations listed in subsection (1) of this section that apply to the agricultural industry as a whole, the poultry industry is regulated by or must
comply with the following additional laws and the rules
adopted thereunder:
(a) 21 U.S.C., chapter 10, Poultry and poultry products
inspection;
(b) 21 U.S.C., chapter 9, Packers and stockyards;
(c) 7 U.S.C., section 1621, Agricultural marketing act;
(d) Washington fryer commission labeling standards.
[2002 c 313 § 41.]
*Reviser’s note: The term "organic food products" was changed to
"organic products" by 2010 c 109 § 2.
[Title 15 RCW—page 142]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.023 Commission may establish foundation. A
commodity commission may establish a foundation using
commission funds as grant money when the foundation benefits the commodity for which the commission was established. Commission funds may be used for the purposes
authorized in the marketing order. [2001 c 315 § 8.]
15.66.023
15.66.030 Marketing orders authorized—Purposes.
Marketing orders may be made for any one or more of the following purposes:
(1) To establish plans and conduct programs for advertising and sales promotion, to maintain present markets, or to
create new or larger markets for any agricultural commodity
grown in the state of Washington;
(2) To provide for carrying on research studies to find
more efficient methods of production, irrigation, processing,
transportation, handling, and marketing of any agricultural
commodity;
(3) To provide for improving standards and grades by
defining, establishing, and providing labeling requirements
with respect to the same;
(4) To investigate and take necessary action to prevent
unfair trade practices;
(5) To provide information or communicate on matters
pertaining to the production, irrigation, processing, transportation, marketing, or uses of an agricultural commodity produced in Washington state to any elected official or officer or
employee of any agency;
(6) To provide marketing information and services for
producers of an agricultural commodity;
(7) To provide information and services for meeting
resource conservation objectives of producers of an agricultural commodity;
(8) To engage in cooperative efforts in the domestic or
foreign marketing of food products of an agricultural commodity;
(9) To provide for commodity-related education and
training; and
(10) To assist and cooperate with the department or any
other local, state, or federal government agency in the investigation and control of exotic pests and diseases that could
damage or affect trade of the affected commodity. [2003 c
396 § 1; 2002 c 313 § 40; 2001 c 315 § 1; 1961 c 11 §
15.66.030. Prior: 1955 c 191 § 3.]
15.66.030
Effective date—2003 c 396: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 20, 2003]." [2003 c 396 § 45.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.040 Prerequisites to marketing orders—Director’s duties. Marketing orders and orders modifying or terminating existing marketing orders shall be promulgated by
the director only after the director has done the following:
(1) Received a petition as provided for in RCW
15.66.050;
(2) Given notice of hearing as provided for in RCW
15.66.060;
15.66.040
(2010 Ed.)
Washington State Agricultural Commodity Commissions
(3) Conducted a hearing as provided for in RCW
15.66.070;
(4) Made findings and decision as provided for in RCW
15.66.080;
(5) Determined assent of affected producers as provided
for in RCW 15.66.090. [1961 c 11 § 15.66.040. Prior: 1955
c 191 § 4.]
15.66.050 Petition for marketing order—Deposit to
defray department’s expenses—Circumstances requiring
reimbursement. (1) Petitions for issuance, amendment or
termination of a marketing order shall be signed by not less
than five percent or one hundred of the producers alleged to
be affected, whichever is less, and shall be filed with the
director. A petition for amendment or termination of a marketing order may be submitted to the director by majority
vote of a commission.
(2) A commission shall reimburse the department for
expenses incurred by the department when a commodity
commission petitions the director to amend or terminate a
marketing order and for other services provided by the
department under this chapter. The department shall provide
to a commodity commission an estimate of expenses that
may be incurred to amend or terminate a marketing order
prior to any services taking place.
(3) Petitioners who are not a majority of a commission,
and who file a petition with the director to issue, amend, or
terminate a marketing order, shall deposit funds with the
director to pay for expenses incurred by the department,
under rules adopted by the director.
(4) A commission shall reimburse petitioners the amount
paid to the department under the following circumstances:
(a) If the petition is to issue a marketing order, the commission shall reimburse the petitioners the amount expended
by the department when funds become available after establishment of the commission; or
(b) If the petition is to amend or terminate a marketing
order, the commission shall reimburse the petitioners within
thirty days of the referendum if the proposal is assented to by
the affected producers.
(5) If for any reason a proceeding is discontinued, the
commission or petitioners, whichever is applicable, shall
reimburse the department only for expenses incurred by the
department up until the time the proceeding is discontinued.
[2002 c 313 § 42; 1961 c 11 § 15.66.050. Prior: 1955 c 191 §
5.]
15.66.050
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.053 Proceedings subject to administrative procedure act—Exemptions. (1) All rule-making proceedings
conducted under this chapter shall be in accordance with
chapter 34.05 RCW.
(2) Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310, chapter 19.85 RCW, the regulatory fairness act, and RCW
43.135.055 when adoption of the rule is determined by a referendum vote of the affected parties.
(3) The director may adopt amendments to marketing
orders without conducting a referendum if the amendments
are adopted under the following criteria:
15.66.053
(2010 Ed.)
15.66.060
(a) The proposed amendments relate only to internal
administration of a marketing order and are not subject to
violation by a person;
(b) The proposed amendments adopt or incorporate by
reference without material change federal statutes or regulations, Washington state statutes, or rules of other Washington
state agencies, if the material adopted or incorporated regulates the same activities as are authorized under the marketing order;
(c) The proposed amendments only correct typographical errors, make address or name changes, or clarify language
of a rule without changing the marketing order;
(d) The content of the proposed amendments is explicitly
and specifically dictated by statute.
A marketing order shall not be amended without a referendum to provide that a majority of the commodity commission members be appointed by the director. [2002 c 313 §
43.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.055 Director’s duties and responsibilities—
Rules. The director may adopt rules necessary to carry out
the director’s duties and responsibilities under this chapter
including:
(1) The issuance, amendment, suspension, or termination of marketing orders;
(2) Procedural, technical, or administrative rules which
may address and include, but are not limited to:
(a) The submission of a petition to issue, amend, or terminate a marketing order under this chapter;
(b) Nominations conducted under this chapter;
(c) Elections of commission members or referenda conducted under this chapter; and
(d) Actions of the director upon a petition to issue,
amend, or terminate a marketing order;
(3) Rules that provide for a method to fund:
(a) The costs of staff support for all commodity boards
and commissions in accordance with RCW 43.23.033 if the
position is not directly funded by the legislature; and
(b) The actual costs related to the specific activity undertaken on behalf of an individual commodity board or commission. [2002 c 313 § 44.]
15.66.055
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.060 Lists of affected parties—Notice—Use of
lists. (1) Upon receipt of a petition for the issuance of a marketing order, the director shall establish a list of affected parties of the agricultural commodity affected. In establishing a
list of affected parties and their individual production, the
director shall publish a notice to producers of the commodity
to be affected requiring them to file with the director a report
showing the producer’s name, mailing address, and the
yearly average quantity of the affected commodity produced
by him or her in the three years preceding the date of the
notice or in such lesser time as the producer has produced the
commodity in question. Information as to production may
also be accepted from other valid sources if readily available.
Notice of a proposed marketing order issuance shall be as
provided for in RCW 15.66.070.
15.66.060
[Title 15 RCW—page 143]
15.66.070
Title 15 RCW: Agriculture and Marketing
(2) The director shall use the list of affected parties for
the purpose of notice, referendum proceedings, and electing
or selecting members of the commission in accordance with
this chapter and rules adopted under this chapter.
(3) An affected party may at any time file his or her name
and mailing address with the director. A list of affected parties may be brought up-to-date by the director up to the day
preceding a mailing of a notice or ballot under this chapter
and that list is deemed the list of affected parties entitled to
vote.
(4) The list of affected parties shall be kept in the rulemaking file by the director. The list shall be certified as a true
representation of the referendum mailing list. Inadvertent
failure to notify an affected party does not invalidate a proceeding conducted under this chapter.
(5) The list of affected parties that is certified as the true
representation of the mailing list of a referendum shall be
used to determine assent as provided in this chapter.
(6) The director shall provide the commodity commission the list of affected and interested parties once a marketing order is adopted and a commodity commission is established as provided in this chapter. [2002 c 313 § 45; 1975 1st
ex.s. c 7 § 7; 1969 c 66 § 1; 1961 c 11 § 15.66.060. Prior:
1955 c 191 § 6.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.070
15.66.070 Petitions for marketing orders—Public
hearing—Legal notice. (1) The substance of a petition
received under RCW 15.66.050 shall be set out in detail and
designated as the proposal. A copy of the proposal shall be
mailed to all affected parties or producers based on the list
provided for in RCW 15.66.060 or 15.66.143, as applicable,
and shall be posted on the department’s web site.
(2) Notice of a public hearing to issue, amend, or terminate a marketing order shall be published in the form of a
legal notice for a period of two days in a newspaper of general circulation within the affected areas, as the director may
prescribe. The notice must also be posted on the department’s web site. The director shall mail a copy of the public
hearing notice along with a copy of the proposal as provided
in subsection (1) of this section to all affected parties or
affected producers, as applicable, who may be directly
affected by the proposal and whose names and addresses
appear on the list compiled under this chapter. The mailing
must include the department’s web site address along with a
description of the process for the issuance, amendment, or
termination of a marketing order, as applicable.
(3) At a public hearing the director shall receive testimony offered in support of, or opposition to, the proposed
issuance of, amendment to, or termination of a marketing
order and concerning the terms, conditions, scope, and area
thereof. Such hearing shall be public and all testimony shall
be received under oath. A full and complete record of all proceedings at such hearings shall be made and maintained on
file in the office of the director, which file shall be open to
public inspection. The director shall base any findings upon
the testimony received at the hearing, together with any other
relevant facts available from official publications of institutions of recognized standing. The director shall describe in
[Title 15 RCW—page 144]
the findings such official publications upon which any finding is based.
(4) The director shall have the power to subpoena witnesses and to issue subpoenas for the production of any
books, records, or documents of any kind.
(5) The superior court of the county in which any hearing
or proceeding may be had may compel the attendance of witnesses and the production of records, papers, books,
accounts, documents and testimony as required by such subpoena. The director, in case of the refusal of any witness to
attest or testify or produce any papers required by the subpoena, shall report to the superior court of the county in
which the proceeding is pending by petition setting forth that
due notice has been given of the time and place of attendance
of the witness or the production of the papers and that the witness has been summoned in the manner prescribed in this
chapter and that he or she has failed to attend or produce the
papers required by the subpoena at the hearing, cause or proceeding specified in the subpoena, or has refused to answer
questions propounded to him or her in the course of such
hearing, cause, or proceeding, and shall ask an order of the
court to compel a witness to appear and testify before the
director. The court upon such petition shall enter an order
directing the witness to appear before the court at a time and
place to be fixed in such order and then and there to show
cause why he or she has not responded to the subpoena. A
copy of the order shall be served upon the witness. If it
appears to the court that the subpoena was regularly issued, it
shall enter an order that the witness appear at the time and
place fixed in the order and testify or produce the required
papers, and on failing to obey the order the witness shall be
dealt with as for contempt of court. [2004 c 179 § 1; 2002 c
313 § 46; 1961 c 11 § 15.66.070. Prior: 1955 c 191 § 7.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.080 Findings, conclusions, and recommended
decision of the director—Notification—Final decision.
(1) The director shall make findings upon material points
controverted at the hearing and required by this chapter and
upon such other matters and things as he or she may deem fitting and proper. Based upon those findings, the director shall
make conclusions and develop and issue a recommended
decision. The findings, conclusions, and recommended decision, and the full text of the proposal shall be posted on the
department’s web site. For amendment and termination petitions, the affected commission may include a link on its web
site to the department’s web site.
(2) The recommended decision may deny or approve the
proposal in its entirety, or it may recommend a marketing
order containing other or different terms or conditions from
those contained in the proposal: PROVIDED, That the same
shall be of a kind or type substantially within the purview of
the notice of hearing and shall be supported by evidence
taken at the hearing or by documents of which the director is
authorized to take official notice. The director shall not
approve the issuance, amendment, or termination of any marketing order unless he or she shall find with respect thereto:
(a) That the proposed issuance, amendment or termination thereof is reasonably calculated to attain the objective
sought in such marketing order;
15.66.080
(2010 Ed.)
Washington State Agricultural Commodity Commissions
(b) That the proposed issuance, amendment, or termination is in conformity with the provisions of this chapter and
within the applicable limitations and restrictions set forth
therein will tend to effectuate the declared purposes and policies of this chapter;
(c) That the interests of consumers of such commodity
are protected in that the powers of this chapter are being exercised only to the extent necessary to attain such objectives.
(3) If the director’s recommended decision does not
make any changes to the proposal, notification will be made
by mail in the form of a postcard reciting the director’s recommended decision. The postcard will also include the
department’s web site address where any person can access
the full text of the director’s findings, conclusions, and recommended decision.
(4) If the director’s recommended decision makes
changes to the proposal or does not support the proposal,
notification will be made by mail in the form of a letter
describing the changes made or explaining the reason for not
supporting the proposal and a referendum. The letter will
also include the department’s web site address where any person can access the full text of the director’s findings, conclusions, and recommended decision.
(5) After the director issues his or her findings, conclusions, and recommended decision all interested parties shall
have a period of not less than fifteen days from the date of the
mailing of the postcard or letter to file statements with the
director in support of or in opposition to the recommended
decision. The director shall consider the additional statements and shall issue his or her final decision. The final decision may be the same as the recommended decision or may
be revised in light of the additional information received in
response to the recommended decision. The director shall
notify affected parties of his or her final decision by mail in
the form of a postcard. Notification shall include the department’s web site address where any person can access the full
text of the director’s findings, conclusions, and final decision
and the full text of the final proposal. If the final decision
denies the proposal in its entirety, no further action shall be
taken by the director.
(6) Affected parties who do not have access to materials
posted on the department’s web site may request notification
by fax or mail. [2004 c 179 § 2; 1961 c 11 § 15.66.080.
Prior: 1955 c 191 § 8.]
15.66.090 After final decision—Assent of affected
parties determined by referendum. After the director
issues his or her final decision approving the issuance,
amendment, or termination of a marketing order, the director
shall determine by a referendum whether the affected parties
or producers assent to the proposed action or not. The director shall conduct the referendum among the affected parties
or producers based on the list as provided for in RCW
15.66.060 or 15.66.143, as applicable, and the affected parties or producers shall be deemed to have assented to the proposed issuance or termination order if fifty-one percent or
more by number reply to the referendum within the time
specified by the director, and if, of those replying, sixty-five
percent or more by number and fifty-one percent or more by
volume assent to the proposed order. The producers shall be
deemed to have assented to the proposed amendment order if
15.66.090
(2010 Ed.)
15.66.100
sixty percent or more by number and sixty percent or more by
volume of those replying assent to the proposed order. The
determination by volume shall be made on the basis of volume as determined in the list of affected producers created
under provisions of RCW 15.66.060, subject to rules and regulations of the director for such determination. The director
shall consider the approval or disapproval of any cooperative
marketing association authorized by its producer members to
act for them in any such referendum, as being the approval or
disapproval of the producers who are members of or stockholders in or under contract with such association of cooperative producers: PROVIDED, That the association shall first
determine that a majority of the membership of the association authorize its action concerning the specific marketing
order. Results of the referendum shall be mailed to all
affected parties in the form of a postcard. If the requisite
assent is given, the director shall adopt the order. [2004 c 179
§ 3; 2002 c 313 § 47; 1975 1st ex.s. c 7 § 8; 1961 c 11 §
15.66.090. Prior: 1955 c 191 § 9.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.093 Suspension of marketing order upon
request of commodity commission. The director may, upon
the request of a commodity commission and without compliance with RCW 15.66.070 through 15.66.090, suspend the
commission’s order or term or provision thereof for a period
of not to exceed one year, if the director finds that the suspension will tend to effectuate the declared policy of this chapter.
Any suspension of all, or substantially all, of a marketing
order by the director is not effective until the end of the then
current marketing season. [2002 c 313 § 48.]
15.66.093
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.097 Issuing, amending, or terminating a marketing order—Limitation on public hearings or referendums. The director is not required to hold a public hearing or
a referendum more than once in any twelve-month period on
petitions to issue, amend, or terminate a marketing order if
any of the following circumstances are present:
(1) The petition proposes to establish a marketing order
for the same commodity;
(2) The petition proposes the same or a similar amendment to a marketing order; or
(3) The petition proposes to terminate the same marketing order. [2002 c 313 § 49.]
15.66.097
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.100 Contents of marketing order. A marketing
order shall define the area of the state to be covered by the
order which may be all or any portion of the state; shall contain provisions for establishment of a commodity commission and administration and operation and powers and duties
of same; shall provide for assessments as provided for in this
chapter and shall contain one or more of the provisions as set
forth in RCW 15.66.030. The order may provide that its provisions covering standards, grades, labels and trade practices
apply with respect to the affected commodity marketed or
sold within such area regardless of where produced. A marketing order may provide that one commodity commission
may administer marketing orders for two or more affected
15.66.100
[Title 15 RCW—page 145]
15.66.105
Title 15 RCW: Agriculture and Marketing
commodities, if approved by a majority, as provided in this
chapter for the creation of a marketing order, of the affected
producers of each affected commodity concerned. [1961 c 11
§ 15.66.100. Prior: 1955 c 191 § 10.]
15.66.105 Certain records exempt from public disclosure—Exemptions—Actions not prohibited by chapter. (1) Pursuant to RCW 42.56.380, certain agricultural
business records, commodity commission records, and
department of agriculture records relating to commodity
commissions and producers of agricultural commodities are
exempt from public disclosure.
(2) Financial and commercial information and records
submitted to either the department or a commodity commission for the purpose of administering this chapter or a marketing order may be shared between the department and the
applicable commodity commission. They may also be used,
if required, in any suit or administrative hearing involving
any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the
reports of a number of persons subject to any marketing order
as long as the statements do not identify the information furnished by any person; or
(b) The publication by the director or a commodity commission of the name of any person violating any marketing
order and a statement of the manner of the violation by that
person. [2005 c 274 § 217; 2002 c 313 § 50.]
member of each commodity commission. [2003 c 396 § 4;
2002 c 313 § 51; 2001 c 315 § 2; 1961 c 11 § 15.66.110.
Prior: 1955 c 191 § 11.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.105
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.110 Commodity commission—Composition—
Terms. (1) Every marketing order shall establish a commodity commission composed of not less than five nor more than
fifteen members. Commission members shall be citizens and
residents of this state if required by the marketing order, and
over the age of eighteen. Not more than one commission
member may be part of the same "person" as defined by this
chapter. The term of office of commission members shall be
three years with the terms rotating so than one-third of the
terms will commence as nearly as practicable each year.
However, the first commission shall be selected, one-third for
a term of one year, one-third for a term of two years, and onethird for a term of three years, as nearly as practicable.
Except as provided in subsection (2) of this section, no less
than sixty percent of the commission members shall be
elected by the affected producers and such elected members
shall all be affected producers. Except as provided in subsection (4) of this section, the remaining members shall be
appointed by the commission and shall be either affected producers, others active in matters relating to the affected commodity, or persons not so related.
(2) A marketing order may provide that a majority of the
commission be appointed by the director.
(3) In the event that the marketing order provides that a
majority of the commission be appointed by the director, the
marketing order shall incorporate the provisions of RCW
15.66.113 for member selection.
(4) The director shall appoint to every commission one
member who represents the director. The director is a voting
15.66.110
[Title 15 RCW—page 146]
15.66.113 When director appoints majority of the
commission—Nominations—Advisory vote—Notice—
Director selects either of two candidates receiving the
most votes. (1) This section or *RCW 15.66.115 applies
when the director appoints a majority of the positions of the
commission as set forth under RCW 15.66.110(3).
(2) Candidates for director-appointed positions on a
commission shall be nominated under RCW 15.66.120(1).
(3) Not less than sixty days nor more than seventy-five
days prior to the commencement of a commission member’s
term, the director shall cause an advisory vote to be held for
the director-appointed positions. Advisory ballots shall be
mailed to all affected producers and shall be returned to the
director not less than thirty days prior to the commencement
of the term. The advisory ballot shall be conducted in a manner so that it is a secret ballot. The names of the two candidates receiving the most votes in the advisory vote shall be
forwarded to the director for potential appointment to the
commission. In the event there are only two candidates nominated for a position, an advisory vote may not be held and
the candidates’ names shall be forwarded to the director for
potential appointment.
(4) The candidates whose names are forwarded to the
director for potential appointment shall submit to the director
a letter stating why he or she wishes to be appointed to the
commission. The director may select either person for the
position. [2002 c 313 § 52.]
15.66.113
*Reviser’s note: RCW 15.66.115 was repealed by 2003 c 396 § 7.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.120 Commodity commission—Nominations—
Elections—Vacancies. (1) Not less than ninety days nor
more than one hundred and five days prior to the beginning of
each term of each elected commission member, notice shall
be mailed to all affected producers with a call for nominations in accordance with this section and provisions of the
marketing order. The notice shall give the final date for filing
nominations, which shall not be less than eighty days nor
more than eighty-five days before the beginning of such term.
The notice shall also advise that nominating petitions shall be
signed by five persons qualified to vote for such candidates
or, if the number of nominating signers is provided for in the
marketing order, then the number provided in the marketing
order.
(2) Not less than sixty days nor more than seventy-five
days prior to the commencement of a commission member
term, the director shall mail ballots to all affected producers.
Ballots shall be required to be returned to the director not less
than thirty days prior to the commencement of the term. The
mail ballot shall be conducted in a manner so that it shall be a
secret ballot. With respect to the first commission for a particular commodity, the director may call for nominations for
commission members in the notice of the director’s decision
following the hearing and the ballot may be submitted at the
15.66.120
(2010 Ed.)
Washington State Agricultural Commodity Commissions
time the director’s proposed order is submitted to the affected
producers for their assent.
(3) Commission members may be elected or appointed
from various districts within the area covered by the marketing order if the order so provides, with the number of members from each district to be in accordance with the provisions of the marketing order.
(4) The members of the commission not elected by the
affected producers shall be elected by a majority of the commission at a meeting of the commission within ninety days
prior to expiration of the term, or appointed by the director
under this chapter and the marketing order.
(5) When only one nominee is nominated for any position on the commission, the director shall determine whether
the nominee meets the qualifications of the position and, if
so, the director shall declare the nominee elected or appoint
the nominee to the position.
(6) In the event of a vacancy in an elected commission
member position on a commodity commission, the remaining
members shall select a qualified person to fill the vacant position for the remainder of the current term or as provided in the
marketing order.
(7) In the event of a vacancy in an appointed member
position on a commodity commission, the appointment of
members shall be as specified in the marketing order.
(8) In the event of a vacancy in a director-appointed
member position on a commodity commission, the remaining
members shall recommend to the director a qualified person
for appointment to the vacant position. The director shall
appoint the person recommended by the commission unless
the person fails to meet the qualifications of commission
members under this chapter and the marketing order. [2002 c
313 § 54; 1975 1st ex.s. c 7 § 9; 1961 c 11 § 15.66.120. Prior:
1955 c 191 § 12.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.123 After any vote, referendum, nomination,
or election—Affected parties provided results—Disputes.
(1) Upon completion of any vote, referendum, or nomination
and elections, the department shall tally the results of the vote
and provide the results to affected parties.
(2) If an affected party disputes the results of a vote, that
affected party, within sixty days from the announced results,
shall provide in writing a statement of why the vote is disputed and request a recount.
(3) Once the vote is tallied and distributed, all disputes
are resolved, and all matters in a vote are finalized, the individual ballots may be destroyed. [2002 c 313 § 55.]
15.66.123
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.130 Commodity commission—Meetings—
Quorum—Compensation—Travel expenses for members
and employees. Each commodity commission shall hold
such regular meetings as the marketing order may prescribe
or that the commission by resolution may prescribe, together
with such special meetings that may be called in accordance
with provisions of its resolutions upon reasonable notice to
all members thereof. A majority of the voting members shall
constitute a quorum for the transaction of all business of the
commission.
15.66.130
(2010 Ed.)
15.66.140
Each member of the commission shall be compensated
in accordance with RCW 43.03.230. Members and employees of the commission may be reimbursed for actual travel
expenses incurred in carrying out the provisions of this chapter, as defined under the commodity commission’s marketing
order. Otherwise, if not defined or referenced in the marketing order, reimbursement for travel expenses shall be in
accordance with RCW 43.03.050 and 43.03.060. [2002 c 313
§ 56; 2001 2nd sp.s. c 6 § 2; 1984 c 287 § 17; 1975-’76 2nd
ex.s. c 34 § 20; 1975 1st ex.s. c 7 § 10; 1972 ex.s. c 112 § 3;
1961 c 11 § 15.66.130. Prior: 1955 c 191 § 13.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Additional notes found at www.leg.wa.gov
15.66.140 Commodity commission—Powers and
duties. Every commodity commission shall have such powers and duties in accordance with provisions of this chapter as
may be provided in the marketing order and shall have the
following powers and duties:
(1) To elect a chair and such other officers as determined
advisable;
(2) To adopt, rescind and amend rules and regulations
reasonably necessary for the administration and operation of
the commission and the enforcement of its duties under the
marketing order;
(3) To administer, enforce, direct and control the provisions of the marketing order and of this chapter relating
thereto;
(4) To employ and discharge at its discretion such
administrators and additional personnel, attorneys, advertising and research agencies and other persons and firms that it
may deem appropriate and pay compensation to the same;
(5) To acquire personal property and purchase or lease
office space and other necessary real property and transfer
and convey the same;
(6) To institute and maintain in its own name any and all
legal actions, including actions by injunction, mandatory
injunction or civil recovery, or proceedings before administrative tribunals or other governmental authorities necessary
to carry out the provisions of this chapter and of the marketing order;
(7) To keep accurate records of all its receipts and disbursements, which records shall be open to inspection and
audit by the state auditor or private auditor designated by the
state auditor at least every five years;
(8) Borrow money and incur indebtedness;
(9) Make necessary disbursements for routine operating
expenses;
(10) To expend funds for commodity-related education,
training, and leadership programs as each commission deems
expedient;
(11) To work cooperatively with other local, state, and
federal agencies; universities; and national organizations for
the purposes provided in the commission’s marketing order;
(12) To enter into contracts or interagency agreements
with any private or public agency, whether federal, state, or
local, to carry out the purposes provided in the commission’s
marketing order. Personal service contracts must comply
with chapter 39.29 RCW;
15.66.140
[Title 15 RCW—page 147]
15.66.141
Title 15 RCW: Agriculture and Marketing
(13) To accept and expend or retain any gifts, bequests,
contributions, or grants from private persons or private and
public agencies to carry out the purposes provided in the
commission’s marketing order;
(14) To enter into contracts or agreements for research in
the production, irrigation, processing, transportation, marketing, use, or distribution of an affected commodity;
(15) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of a
commission. The retention of a private attorney is subject to
review by the office of the attorney general;
(16) To engage in appropriate fund-raising activities for
the purpose of supporting activities of the commission authorized by the marketing order;
(17) To participate in international, federal, state, and
local hearings, meetings, and other proceedings relating to
the production, irrigation, manufacture, regulation, transportation, distribution, sale, or use of affected commodities
including activities authorized under *RCW 42.17.190,
including the reporting of those activities to the public disclosure commission;
(18) To maintain a list of the names and addresses of
affected producers that may be compiled from information
used to collect assessments under the provisions of the marketing order and data on the value of each producer’s production for a minimum three-year period;
(19) To maintain a list of the names and addresses of persons who handle the affected commodity within the affected
area and data on the amount and value of the commodity handled for a minimum three-year period by each person;
(20) To request records and audit the records of producers or handlers of the affected commodity during normal
business hours to determine whether the appropriate assessment has been paid;
(21) To acquire or own intellectual property rights,
licenses, or patents and to collect royalties resulting from
commission-funded research related to the affected commodity; and
(22) Such other powers and duties that are necessary to
carry out the purposes of this chapter. [2003 c 396 § 2; 2002
c 313 § 57; 2001 c 315 § 3; 1985 c 261 § 20; 1982 c 81 § 2;
1961 c 11 § 15.66.140. Prior: 1955 c 191 § 14.]
*Reviser’s note: RCW 42.17.190 was recodified as RCW 42.17A.635
pursuant to 2010 c 204 § 1102, effective January 1, 2012.
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.141 Commission’s plans, programs, and
projects—Director’s approval required. (1) Each commodity commission shall develop and submit to the director
for approval any plans, programs, and projects concerning
the following:
(a) The establishment, issuance, effectuation, and
administration of appropriate programs or projects for the
advertising and promotion of the affected commodity; and
(b) The establishment and effectuation of market
research projects, market development projects, or both to the
end that the marketing and utilization of the affected commodity may be encouraged, expanded, improved, or made
more efficient.
15.66.141
[Title 15 RCW—page 148]
(2) The director shall review each commodity commission’s advertising or promotion program to ensure that no
false claims are being made concerning the affected commodity.
(3) Each commodity commission, prior to the beginning
of its fiscal year, shall prepare and submit to the director for
approval its research plan, its commodity-related education
and training plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a
timely manner. [2003 c 396 § 5.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.66.142 Commission speaks for state—Director’s
oversight. Each commission organized under a marketing
order adopted under this chapter exists primarily for the benefit of the people of the state of Washington and its economy.
The legislature hereby charges each commission, with oversight by the director, to speak on behalf of Washington state
government with regard to its particular commodity. [2003 c
396 § 6.]
15.66.142
Effective date—2003 c 396: See note following RCW 15.66.030.
15.66.143 Lists of all affected producers and handlers—Affected parties responsible for accuracy—Use of
lists. (1) Each commodity commission shall prepare a list of
all affected producers from any information available from
the department, producers, producer associations, organizations, or handlers of the affected commodity. This list shall
contain the names and addresses of all affected persons who
produce the affected commodity and the amount, by unit, of
the affected commodity produced during at least the past
three years.
(2) Each commodity commission shall prepare a list of
all persons who handle the affected commodity and the
amount of the commodity handled by each person during at
least the past three years.
(3) It is the responsibility of all affected parties to ensure
that their correct address is filed with the commodity commission. It is also the responsibility of affected parties to submit production data and handling data to the commission as
prescribed by the commission’s marketing order.
(4) Any qualified person may, at any time, have his or
her name placed upon any list for which he or she qualifies by
delivering or mailing the information to the commission. The
lists shall be corrected and brought up-to-date in accordance
with evidence and information provided to the commission.
(5) At the director’s request, the commodity commission
shall provide the director a certified list of affected producers
or affected handlers from the commodity commission
records. The list shall contain all information required by the
director to conduct a referendum or commission member
elections under this chapter.
(6) For all purposes of giving notice and holding referenda on amendment or termination proposals, and for giving
notice and electing or selecting members of a commission,
the applicable list corrected up to the day preceding the date
the list is certified by the commission and mailed to the director is deemed to be the list of all affected producers or
affected handlers, as applicable, entitled to notice or to vote.
15.66.143
(2010 Ed.)
Washington State Agricultural Commodity Commissions
Inadvertent failure to notify an affected producer or handler
does not invalidate a proceeding conducted under this chapter. [2002 c 313 § 58.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.145
15.66.145 Members may belong to association with
same objectives—Contracts with associations authorized.
Any member of an agricultural commission may also be a
member or officer of an association which has the same
objectives for which the agricultural commission was
formed. An agricultural commission may also contract with
such association for services necessary to carry out any purposes authorized under this chapter, provided that an appropriate contract has been entered into. [1972 ex.s. c 112 § 4.]
15.66.150
15.66.150 Annual assessments—Rate—Collection.
There is hereby levied, and there shall be collected by each
commission, upon each and every unit of any agricultural
commodity specified in any marketing order an annual
assessment which shall be paid by the producer thereof upon
each and every such unit sold, processed, stored or delivered
for sale, processing or storage by him. Such assessments shall
be expressed as a stated amount of money per unit or as a percentage of the net unit price at the time of sale. The total
amount of such annual assessment to be paid by all affected
producers of such commodity shall not exceed three percent
of the total market value of all affected units sold, processed,
stored or delivered for sale, processing or storage by all
affected producers of such units during the year to which the
assessment applies.
Every marketing order shall prescribe the per unit or percentage rate of such assessment. Such rate may be at the full
amount of, or at any lesser amount than the amount hereinabove limited and may be altered from time to time by
amendment of such order. In every such marketing order and
amendment the determination of such rate shall be based
upon the volume and price of sales of affected units during a
period which the director determines to be a representative
period. The per unit or percentage rate of assessment prescribed in any such order or amendment shall for all purposes
and times be deemed to be within the limits of assessment
above provided until such time as such order is amended as to
such rate. However, at the end of any year, any affected producer may obtain a refund from the commission of any
assessment payments made which exceed three percent of the
total market value of all of the affected commodity sold, processed, stored or delivered for sale, processing or storage by
such producer during the year. Such refund shall be made
only upon satisfactory proof given by such producer in accordance with reasonable rules and regulations prescribed by the
director. Such market value shall be based upon the average
sales price received by such producer during the year from all
his bona fide sales or, if such producer did not sell twentyfive percent or more of all of the affected commodity produced by him during the year, such market value shall be
determined by the director upon other sales of the affected
commodity determined by the director to be representative
and comparable.
To collect such assessment each order may require:
(2010 Ed.)
15.66.157
(1) Stamps to be purchased from the affected commodity
commission or other authority stated in such order and
attached to the containers, invoices, shipping documents,
inspection certificates, releases, or receiving receipts or tickets (said stamps to be canceled immediately upon being
attached and the date of cancellation placed thereon).
(2) Payment of producer assessments before the affected
units are shipped off the farm or payment of assessments at
different or later times, and in such event the order may
require any person subject to the assessment to give adequate
assurance or security for its payment.
(3) Every affected producer subject to assessment under
such order to deposit with the commission in advance an
amount based on the estimated number of affected units upon
which such person will be subject to such assessment in any
one year during which such marketing order is in force, or
upon any other basis which the director determines to be reasonable and equitable and specifies in such order, but in no
event shall such deposit exceed twenty-five percent of the
estimated total annual assessment payable by such person. At
the close of such marketing year the sums so deposited shall
be adjusted to the total of such assessments payable by such
person.
(4) Handlers receiving the affected commodity from the
producer, including warehousemen and processors, to collect
producer assessments from producers whose production they
handle and remit the same to the affected commission. The
lending agency for a commodity credit corporation loan to
producers shall be deemed a handler for the purpose of this
subsection. No affected units shall be transported, carried,
shipped, sold, stored or otherwise handled or disposed of
until every due and payable assessment herein provided for
has been paid and the receipt issued, but no liability hereunder shall attach to common carriers in the regular course of
their business. [1981 c 297 § 40; 1979 ex.s. c 93 § 1; 1961 c
11 § 15.66.150. Prior: 1957 c 133 § 1; 1955 c 191 § 15.]
Additional notes found at www.leg.wa.gov
15.66.153 Promotional hosting expenditures—Rules.
Agricultural commodity commissions shall adopt rules governing promotional hosting expenditures by commodity commission employees, agents, or commission members under
RCW 15.04.200. [2002 c 313 § 59.]
15.66.153
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.157 When commodity commission is terminated—Duties of affected commodity commission. If after
complying with the procedures outlined in this chapter and a
referendum proposal to terminate a commodity commission
is assented to, the affected commodity commission shall:
(1) Document the details of all measures undertaken to
terminate the commodity commission and identify and document all closing costs;
(2) Contact the office of the state auditor and arrange for
a final audit of the commission. Payment for the audit shall be
from commission funds and identified in the budget for closing costs;
(3) Provide for the reimbursement to affected producers
of moneys collected by assessment. Reimbursement shall be
made to those considered affected producers over the previ15.66.157
[Title 15 RCW—page 149]
15.66.160
Title 15 RCW: Agriculture and Marketing
ous three-year time frame on a pro rata basis and at a percent
commensurate with their volume of production over the previous three-year period unless a different time period is specified in the marketing order. If the commodity commission
finds that the amounts of moneys are so small as to make
impractical the computation and remitting of the pro rata
refund, the moneys shall be paid into the state treasury as
unclaimed trust moneys; and
(4) Transfer all remaining files to the department for
storage and archiving, as appropriate. [2002 c 313 § 60.]
such order without the necessity of a specific legislative
appropriation and all moneys deposited for the account of
any order shall be paid from said account by check or
voucher in such form and in such manner and upon the signature of such person as may be prescribed by the commission.
None of the provisions of RCW 43.01.050 shall be applicable
to any such account or any moneys so received, collected or
expended. [2002 c 313 § 61; 1961 c 11 § 15.66.180. Prior:
1955 c 191 § 18.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.185 Investment of agricultural commodity
commission funds in savings or time deposits of banks,
trust companies, and mutual savings banks. (1) Any funds
of any agricultural commodity commission may be invested
in savings or time deposits in banks, trust companies, and
mutual savings banks that are doing business in the United
States, up to the amount of insurance afforded such accounts
by the Federal Deposit Insurance Corporation.
(2) This section shall apply to all funds which may be
lawfully so invested, which in the judgment of any agricultural commodity commission are not required for immediate
expenditure. The authority granted by this section is not
exclusive and shall be construed to be cumulative and in
addition to other authority provided by law for the investment
of such funds, including, but not limited to, authority granted
under chapters 39.58, 39.59, and 43.84 RCW. [2003 c 396 §
3; 2002 c 313 § 62; 1967 ex.s. c 54 § 2. Formerly RCW
30.04.370.]
15.66.185
15.66.160 Annual assessments—Disposition of revenue. Moneys collected by any commodity commission pursuant to any marketing order from any assessment for marketing purposes or as an advance deposit thereon shall be
used by the commission only for the purpose of paying for
the costs or expenses arising in connection with carrying out
the purposes and provisions of such agreement or order.
Upon the termination of any marketing order any and all
moneys remaining with the commodity commission operating under that marketing order and not required to defray
expenses or repay obligations incurred by that commission
shall be returned to the affected producers in proportion to the
assessments paid by each in the two year period preceding the
date of the termination order. [1961 c 11 § 15.66.160. Prior:
1955 c 191 § 16.]
15.66.160
15.66.170 Annual assessments—Payments—Civil
action to enforce. Any due and payable assessment herein
levied, and every sum due under any marketing order in a
specified amount shall constitute a personal debt of every
person so assessed or who otherwise owes the same, and the
same shall be due and payable to the commission when payment is called for by the commission. In the event any person
fails to pay the full amount of such assessment or such other
sum on or before the date due, the commission may add to
such unpaid assessment or sum an amount not exceeding ten
percent of the same to defray the cost of enforcing the collecting of the same. In the event of failure of such person or persons to pay any such due and payable assessment or other
such sum, the commission may bring a civil action against
such person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and
judgment rendered as in any other cause of action for debt
due and payable. [1961 c 11 § 15.66.170. Prior: 1955 c 191
§ 17.]
15.66.170
15.66.180 Expenditure of funds collected. All moneys
which are collected or otherwise received pursuant to each
marketing order created under this chapter shall be used
solely by and for the commodity commission concerned and
shall not be used for any other commission, nor the department except as otherwise provided in this chapter. Such moneys shall be deposited in a separate account or accounts in the
name of the individual commission in any bank which is a
state depositary. All expenses and disbursements incurred
and made pursuant to the provisions of any marketing order
shall be paid from moneys collected and received pursuant to
15.66.180
[Title 15 RCW—page 150]
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.190 Official bonds required. Every administrator, employee or other person occupying a position of trust
under any marketing order and every member actually handling or drawing upon funds shall give a bond in such penal
amount as may be required by the affected commission or by
the order, the premium for which bond or bonds shall be paid
by the commission. [1961 c 11 § 15.66.190. Prior: 1955 c
191 § 19.]
15.66.190
15.66.200 Petition for modification or exemption—
Hearing—Appeal from ruling. An affected producer subject to a marketing order may file a written petition with the
director stating that the order, agreement, or program or any
part thereof is not in accordance with the law, and requesting
a modification thereof or exemption therefrom. He or she
shall thereupon be given a hearing, which hearing shall be
conducted in the manner provided by RCW 15.66.070, and
thereafter the director shall make his or her ruling which shall
be final.
Appeal from any ruling of the director may be taken to
the superior court of the county in which the petitioner
resides or has his or her principal place of business, by serving upon the director a copy of the notice of appeal and complaint within twenty days from the date of entry of the ruling.
Upon such application the court may proceed in accordance
with RCW 7.16.010 through 7.16.140. If the court determines that the ruling is not in accordance with law, it shall
remand the proceedings to the director with directions to
15.66.200
(2010 Ed.)
Washington State Agricultural Commodity Commissions
make such ruling as the court determines to be in accordance
with law or to take such further proceedings as in its opinion
are required by this chapter. [2010 c 8 § 6093; 1961 c 11 §
15.66.200. Prior: 1955 c 191 § 20.]
15.66.210 Unlawful acts—Penalties—Injunctions—
Investigations. It shall be a misdemeanor for:
(1) Any person wilfully to violate any provision of this
chapter or any provision of any marketing order duly issued
by the director pursuant to this chapter.
(2) Any person wilfully to render or furnish a false or
fraudulent report, statement of record required by the director
or any commission pursuant to the provisions of this chapter
or any provision of any marketing order duly issued by the
director pursuant to this chapter or wilfully to fail or refuse to
furnish or render any such report, statement, or record so
required.
In the event of violation or threatened violation of any
provision of this chapter or of any marketing order duly
issued or entered into pursuant to this chapter, the director,
the affected commission, or any affected producer on joining
the affected commission, shall be entitled to an injunction to
prevent further violation and to a decree of specific performance of such order, and to a temporary restraining order and
injunction pending litigation upon filing a verified complaint
and sufficient bond.
All persons subject to any order shall severally from time
to time, upon the request of the director, furnish him or her
with such information as he or she finds to be necessary to
enable him or her to effectuate the policies of this chapter and
the purposes of such order or to ascertain and determine the
extent to which such order has been carried out or has effectuated such policies and purposes, or to determine whether or
not there has been any abuse of the privilege of exemptions
from laws relating to trusts, monopolies, and restraints of
trade. Such information shall be furnished in accordance
with forms and reports to be prescribed by the director. For
the purpose of ascertaining the correctness of any report
made to the director pursuant to this section or for the purpose of obtaining the information required in any such report
where it has been requested and has not been furnished, the
director is authorized to examine such books, papers, records,
copies of tax reports, accounts, correspondence, contracts,
documents, or memoranda as he or she deems relevant and
which are within the control of any such person from whom
such report was requested, or of any person having, either
directly or indirectly, actual or legal control of or over such
person or such records, or of any subsidiary of any such person. To carry out the purposes of this section the director,
upon giving due notice, may hold hearings, take testimony,
administer oaths, subpoena witnesses, and issue subpoenas
for the production of books, records, documents, or other
writings of any kind, and RCW 15.66.070 shall apply with
respect to any such hearing, together with such other regulations consistent therewith as the director may from time to
time prescribe. [2010 c 8 § 6094; 1961 c 11 § 15.66.210.
Prior: 1955 c 191 § 21.]
15.66.210
15.66.220 Compliance with chapter a defense in any
action. In any civil or criminal action or proceeding for vio15.66.220
(2010 Ed.)
15.66.240
lation of any rule of [or] statutory or common law against
monopolies or combinations in restraint of trade, proof that
the act complained of was done in compliance with the provisions of this chapter or a marketing order issued under this
chapter, and in furtherance of the purposes and provisions of
this chapter, shall be a complete defense to such action or
proceeding. [1961 c 11 § 15.66.220. Prior: 1955 c 191 § 22.]
15.66.230 Liability of commission, state, etc. Obligations incurred by any commission and any other liabilities or
claims against the commission shall be enforced only against
the assets of such commission in the same manner as if it
were a corporation and no liability for the debts or actions of
the commission shall exist against either the state of Washington or any subdivision or instrumentality thereof or
against any other commission established pursuant to this
chapter or the assets thereof or against any member officer,
employee, or agent of the board in his or her individual
capacity. The members of any such commission, including
employees of such board, shall not be held responsible individually in any way whatsoever to any person for errors in
judgment, mistakes, or other acts, either of commission or
omission, as principal, agent, person, or employee, except for
their own individual acts of dishonesty or crime. No such
person or employee shall be held responsible individually for
any act or omission of any other member of any such commission. The liability of the members of such commission
shall be several and not joint and no member shall be liable
for the default of any other member. [2010 c 8 § 6095; 1961
c 11 § 15.66.230. Prior: 1955 c 191 § 23.]
15.66.230
15.66.240 Marketing agreements. Marketing agreements shall be created upon written application filed with the
director by not less than five commercial producers of an
agricultural commodity and upon approval of the director.
The director shall hold a public hearing upon such application. Not less than five days prior thereto he or she shall give
written notice thereof to all producers whom he or she determines may be proper parties to such agreement and shall publish such notice at least once in a newspaper of general circulation in the affected area. The director shall approve an
agreement so applied for only if he or she shall find:
(1) That no other agreement or order is in force for the
same commodity in the same area or any part thereof;
(2) That such agreement will tend to effectuate its purpose and the declared policies of this chapter and conforms to
law;
(3) That enough persons who produce a sufficient
amount of the affected commodity to tend to effectuate said
policies and purposes and to provide sufficient moneys to
defray the necessary expenses of formulation, issuance,
administration, and enforcement have agreed in writing to
said agreement.
Such agreement may be for any of the purposes and may
contain any of the provisions that a marketing order may contain under the provisions of this chapter but no other purposes
and provisions. A commodity commission created by such
agreement shall in all respects have all powers and duties as a
commodity commission created by a marketing order. Such
agreement shall be binding upon, and only upon, persons
15.66.240
[Title 15 RCW—page 151]
15.66.245
Title 15 RCW: Agriculture and Marketing
who have signed the agreement: PROVIDED, That a cooperative association may, in behalf of its members, execute
any and all marketing agreements authorized hereunder, and
upon so doing, such agreement so executed shall be binding
upon said cooperative association and its members. Such
agreements shall go into force when the director endorses his
or her approval in writing upon the agreement and so notifies
all who have signed the agreement. Additional signatories
may be added at any time with the approval of the director.
Every agreement shall remain in force and be binding upon
all persons so agreeing for the period specified in such agreement but the agreement shall provide a time at least once in
every twelve months when any or all such persons may withdraw upon giving notice as provided in the agreement. Such
an agreement may be amended or terminated in the same
manner as herein provided for its creation and may also be
terminated whenever after the withdrawal of any signatory
the director finds on the basis of evidence presented at such
hearing that not enough persons remain signatory to such
agreement to effectuate the purposes of the agreement or the
policies of the act or to provide sufficient moneys to defray
necessary expenses. However, in the event that a cooperative
association is signatory to the marketing agreement in behalf
of its members, the action of the cooperative association shall
be considered the action of its members for the purpose of
determining withdrawal or termination. [2010 c 8 § 6096;
1961 c 11 § 15.66.240. Prior: 1955 c 191 § 24.]
15.66.245 Marketing agreement or order—Authority for participation in proceedings concerning regulation
of pesticides or agricultural chemicals. Any marketing
agreement or order may authorize the members of a commodity commission, or their agents or designees, to participate in
federal or state hearings or other proceedings concerning regulation of the manufacture, distribution, sale, or use of any
pesticide as defined by *RCW 15.58.030(30) or any agricultural chemical which is of use or potential use in producing
the affected commodity. Any marketing agreement or order
may authorize the expenditure of commodity commission
funds for this purpose. [2002 c 313 § 63; 1988 c 54 § 2.]
15.66.245
*Reviser’s note: RCW 15.58.030 was amended by 2003 c 212 § 1,
changing subsection (30) to subsection (31).
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.250 Price fixing and product limiting prohibited. Nothing contained in this chapter shall permit fixing of
prices not otherwise permitted by law or any limitation on
production and no marketing order or agreement or any rule
or regulation thereunder shall contain any such provisions.
[1961 c 11 § 15.66.250. Prior: 1955 c 191 § 25.]
15.66.250
15.66.260 Costs of conducting nominations and elections—Reimbursement. The department shall be reimbursed for actual costs incurred in conducting nominations
and elections for members of any commodity commission
established under the provisions of this chapter. Such reimbursement shall be made from the funds of the commission
for which the nominations and elections were conducted by
the director. [2002 c 313 § 64; 1969 c 66 § 2; 1961 c 11 §
15.66.260. Prior: 1955 c 191 § 26.]
15.66.260
[Title 15 RCW—page 152]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.66.263
15.66.263 Costs of implementing RCW 15.66.141.
The costs incurred by the department of agriculture that are
associated with the implementation of RCW 15.66.141 shall
be paid for by the affected commodity commissions. [2003 c
396 § 8.]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.66.270
15.66.270 Exempt commissions—Marketing agreements and orders. This chapter does not apply to any provision of the statutes of the state of Washington relating to the
Washington apple commission (chapter 15.24 RCW), to the
soft tree fruits commission (chapter 15.28 RCW), to the dairy
products commission (chapter 15.44 RCW), or to the Washington grain commission (chapter 15.115 RCW). Marketing
agreements or orders shall not be issued with respect to
apples, soft tree fruits, dairy products, or wheat or barley for
the purposes specified in RCW 15.66.030 (1) or (2). [2009 c
33 § 35; 2007 c 234 § 100; 1961 c 11 § 15.66.270. Prior:
1955 c 191 § 27.]
15.66.275
15.66.275 Applicability of chapter to state agencies
or other governmental units. The provisions of this chapter
and any marketing order established thereunder shall be
applicable to any state agency or other governmental unit
engaged in the production for sale of any agricultural commodity subject to such marketing order, especially those
relating to RCW 15.66.150 concerning assessments. Such
assessments shall be paid by the state agency or governmental agency made subject to the marketing order from the proceeds derived from the sale of said agricultural commodities.
[1967 ex.s. c 55 § 1.]
15.66.280
15.66.280 Restrictive provisions of chapter 43.78
RCW not applicable to promotional printing and literature of commissions. The restrictive provisions of chapter
43.78 RCW as now or hereafter amended shall not apply to
promotional printing and literature for any commission
formed under this chapter. [1972 ex.s. c 112 § 5.]
15.66.900
15.66.900 Short title. This chapter shall be known and
may be cited as the "Washington Agricultural Enabling Act."
[1961 c 11 § 15.66.900. Prior: 1955 c 191 § 29.]
15.66.901
15.66.901 Severability—2004 c 99. If any section, subsection, sentence, clause, or part of this chapter is for any reason held to be invalid or unconstitutional, the judicial decision does not affect the remainder of the chapter and its application to other persons or circumstances. The legislature
declares that each section, subsection, sentence, clause, and
part of this chapter was enacted with the intent that if any portion of this chapter is severed, the remainder of the chapter is
capable of accomplishing its legislative purpose. [2004 c 99
§ 3.]
Effective date—2004 c 99: See note following RCW 15.28.901.
(2010 Ed.)
Rural Rehabilitation
Chapter 15.70
Chapter 15.70 RCW
RURAL REHABILITATION
Sections
15.70.010
15.70.020
15.70.030
15.70.040
15.70.050
Director may receive federal funds for rural rehabilitation corporation.
Director may delegate certain powers to secretary of agriculture.
Deposit and use of funds.
Powers of director—In general.
No liability as to United States.
15.70.010 Director may receive federal funds for
rural rehabilitation corporation. The director of the state
department of agriculture is hereby designated as the state
official of the state of Washington to make application to and
receive from the secretary of agriculture of the United States,
or any other proper federal official, pursuant and subject to
the provisions of public law 499, 81st congress, approved
May 3, 1950, the trust assets, either funds or property, held by
the United States as trustee in behalf of the Washington rural
rehabilitation corporation. [1961 c 11 § 15.70.010. Prior:
1951 c 169 § 1.]
15.70.010
15.70.020 Director may delegate certain powers to
secretary of agriculture. The director of agriculture is
authorized, in his or her discretion, to enter into agreements
with the secretary of agriculture of the United States pursuant
to section 2(f) of the aforesaid act of the congress of the
United States, upon such terms and conditions and for such
periods of time as may be mutually agreeable, authorizing the
secretary of agriculture of the United States to accept, administer, expend, and use in the state of Washington all or any
part of such trust assets or any other funds of the state of
Washington which may be appropriated for such uses for carrying out the purposes of titles I and II of the Bankhead-Jones
farm tenant act, in accordance with the applicable provisions
of title IV thereof, as now or hereafter amended, and to do
any and all things necessary to effectuate and carry out the
purposes of said agreements. [2010 c 8 § 6097; 1961 c 11 §
15.70.020. Prior: 1951 c 169 § 2.]
15.70.020
15.70.030 Deposit and use of funds. Notwithstanding
any other provisions of law, funds and the proceeds of the
trust assets which are not authorized to be administered by
the secretary of agriculture of the United States under the provisions of RCW 15.70.020 shall be received by the director of
agriculture and by him or her deposited with the treasurer of
the state. Such funds are hereby appropriated and may be
expended or obligated by the director of agriculture for the
purposes of RCW 15.70.020 or for use by the director of agriculture for such of the rural rehabilitation purposes permissible under the charter of the now dissolved Washington rural
rehabilitation corporation as may from time to time be agreed
upon by the director of agriculture and the secretary of agriculture of the United States, subject to the applicable provisions of said public law 499. [2010 c 8 § 6098; 1961 c 11 §
15.70.030. Prior: 1951 c 169 § 3.]
15.70.030
15.70.040 Powers of director—In general. The director of agriculture is authorized and empowered to:
15.70.040
(2010 Ed.)
15.74.005
(1) Collect, compromise, adjust, or cancel claims and
obligations arising out of or administered under this chapter
or under any mortgage, lease, contract, or agreement entered
into or administered pursuant to this chapter and if, in his or
her judgment, necessary and advisable, pursue the same to
final collection in any court having jurisdiction;
(2) Bid for and purchase at any execution, foreclosure, or
other sale, or otherwise to acquire property upon which the
director of agriculture has a lien by reason of judgment or
execution, or which is pledged, mortgaged, conveyed, or
which otherwise secures any loan or other indebtedness
owing to or acquired by the director of agriculture under this
chapter; and
(3) Accept title to any property so purchased or acquired;
to operate or lease such property for such period as may be
deemed necessary to protect the investment therein; and to
sell or otherwise dispose of such property in a manner consistent with the provisions of this chapter.
The authority herein contained may be delegated to the
secretary of agriculture of the United States with respect to
funds or assets authorized to be administered and used by him
or her under agreements entered into pursuant to RCW
15.70.020. [2010 c 8 § 6099; 1961 c 11 § 15.70.040. Prior:
1951 c 169 § 4.]
15.70.050 No liability as to United States. The United
States and the secretary of agriculture thereof, shall be held
free from liability by virtue of the transfer of the assets to the
director of agriculture of the state of Washington pursuant to
this chapter. [1961 c 11 § 15.70.050. Prior: 1951 c 169 § 5.]
15.70.050
Chapter 15.74
Chapter 15.74 RCW
HARDWOODS COMMISSION
Sections
15.74.005
15.74.010
15.74.020
15.74.030
15.74.040
15.74.050
15.74.060
15.74.070
15.74.900
Legislative purpose.
Commission created.
Commission authority.
Commission management.
Financial requirements.
Obligations, liabilities, and claims.
Assessments—Generally.
Assessments—Failure to pay.
Severability—1990 c 142.
15.74.005 Legislative purpose. The legislature recognizes that the economic base of the state of Washington is
directly tied to the development and management of forest
industries and that efforts to enhance and promote the recognition and expansion of the hardwoods industry should be
coordinated between state and federal agencies, the forest
products industry, commissions, institutions of higher education, and other entities. The legislature further recognizes that
the development of hardwood forests and hardwood products
will require multispecie, sustained-yield management plans
for industrial and nonindustrial timber tracts, the development of products and markets for all grades of hardwoods, a
stable and predictable tax program for new and existing firms
and financial assistance for the attraction and expansion of
new and existing hardwood processing facilities. The legislature also recognizes that the welfare of the citizens of the
state of Washington require, as a public purpose, a continuing
15.74.005
[Title 15 RCW—page 153]
15.74.010
Title 15 RCW: Agriculture and Marketing
effort toward the full utilization of hardwood forests and the
hardwood products industry. [1990 c 142 § 1.]
15.74.010 Commission created. In recognition of the
findings and purposes in RCW 15.74.005, there is created the
Washington hardwoods commission, which is created solely
for the purposes set forth in this chapter. The commission
shall be comprised of seven members. All members shall be
members of the hardwood industry. All members shall initially be appointed by the governor and shall be appointed to
staggered terms. Three members shall be appointed for a twoyear term, two members to a three-year term, and two members to a four-year term. The hardwoods commission shall,
by January 1, 1991, develop a method of electing board members to replace the appointed members. Each board member
shall serve until the election of his or her successor. Five voting members of the commission constitute a quorum for the
transaction of any business of the commission. Each member
of the commission shall be a resident of the state and over the
age of twenty-one. [1990 c 142 § 2.]
15.74.010
chapter. The commission shall have no legislative power.
The commission may employ and discharge managers, secretaries, agents, attorneys, and other employees or staff, and
may engage the services of independent contractors, prescribe their duties, and fix their compensation. Each member
of the board shall be compensated in accordance with RCW
43.03.240 and shall be reimbursed for travel expenses at the
rates allowed state employees in accordance with RCW
43.03.050 and 43.03.060. [1991 c 67 § 1; 1990 c 142 § 4.]
15.74.040 Financial requirements. The commission
shall maintain an account with one or more public depositaries, and may deposit moneys in the depositary and expend
moneys for purposes authorized by this chapter in the form of
drafts made by the commission. The commission shall keep
accurate records of all receipts, disbursements, and other
financial transactions in accordance with generally accepted
principles of accounting, available for audit by the state auditor. [1990 c 142 § 5.]
15.74.040
15.74.050 Obligations, liabilities, and claims. Obligations incurred by the commission and liabilities or claims
against the commission shall be enforced only against the
assets of the commission in the same manner as if it were a
corporation and no liability for the debts or actions of the
commission shall exist against either the state of Washington
or any subdivision or instrumentality thereof or against any
member, officer, employee, or agent of the commission in his
or her individual capacity. The members of the commission,
including employees of the commission, shall not be held
responsible in any way whatsoever to any person for errors in
judgment, mistakes, or other acts, either of commission or
omission, as principle, agent, person, or employees, except
for their own individual acts of dishonesty or crime. No such
person or employee shall be held responsible individually for
any act or omission of any other members of the commission.
[1990 c 142 § 6.]
15.74.050
15.74.020 Commission authority. The commission
shall have the power, duty, and responsibility to assist in the
retention, expansion, and attraction of hardwood-related
industries by creating a climate for development and support
of the industry. The commission shall coordinate efforts to
enhance and promote the expansion of the forest industry
among state and federal agencies, industry organizations, and
institutions of higher education. The commission shall have
the power and duty to develop products and markets for various species and grades of hardwoods, and to study and recommend a tax program that will attract new firms and promote stability for existing firms. The commission shall also
have as its duty the development of an enhancement and protection program that will reduce waste and respect environmental sensitivity. The commission will develop financial
assistance programs from public and private moneys for
attraction and expansion of new and existing primary, secondary, and tertiary processing facilities. It is also appropriate that the commission utilize recognized experts in educational institutions, public and private foundations, and agencies of the state, to facilitate research into economic
development, hardwood silviculture, woodland management,
and the development of new products. The commission will
also work cooperatively with the department of natural
resources in the development of best management practices
for hardwood resources. [1990 c 142 § 3.]
15.74.020
15.74.030 Commission management. The commission shall have the power to elect a chair and such officers as
the commission deems necessary and advisable. The commission shall elect a treasurer who shall be responsible for all
receipts and disbursements by the commission. The treasurer’s faithful discharge of duties shall be guaranteed by a
bond at the sole expense of the commission. The commission
shall adopt rules for its governance, which shall provide for
the holding of an annual meeting for the election of officers
and the transaction of other business and for such other meetings as the commission may direct. The commission shall do
all things reasonably necessary to effect the purposes of this
15.74.030
[Title 15 RCW—page 154]
15.74.060 Assessments—Generally. To provide for
permanent funding of the Washington hardwoods commission, agricultural commodity assessments shall be levied by
the commission on processors of hardwoods.
An assessment is hereby levied on hardwood processors
operating within the state of Washington. The assessment
categories shall be based on the hardwood processor’s production per calendar quarter. The assessment shall be levied
based upon the following schedule:
15.74.060
CATEGORY
QUARTERLY
PRODUCTION
(THOUSAND TONS)
1
2
3
4
5
6
7
8
9
5 to 7.5
7.5 to 15
15 to 25
25 to 35
35 to 45
45 to 62.5
62.5 to 82.5
82.5 to 125
125 to 175
QUARTERLY
ASSESSMENT
$ 150
$ 300
$ 600
$ 900
$ 1,200
$ 1,500
$ 2,250
$ 3,000
$ 4,500
(2010 Ed.)
Agricultural Fairs, Youth Shows, Exhibitions
CATEGORY
10
11
12
13
14
15
16
QUARTERLY
PRODUCTION
(THOUSAND TONS)
175 to 250
250 to 350
350 to 450
450 to 625
625 to 875
875 to 1125
Over 1125
QUARTERLY
ASSESSMENT
$ 6,000
$ 9,000
$12,000
$15,000
$22,500
$30,000
$35,000
The commission may develop by rule formulas for converting other units of measure to thousands of tons of production for determining the appropriate production category. The
assessment shall be calculated based upon calendar quarters
with the first assessment period beginning July 1, 1991.
[1991 c 67 § 3; 1990 c 142 § 7.]
15.74.070 Assessments—Failure to pay. Any due and
payable assessment levied under this chapter in such specified amount as may be determined by the commission shall
constitute a personal debt of every person so assessed or who
otherwise owes the same, and the same shall be due and payable to the commission when payment is called for by the
commission. In the event any person fails to pay the commission the full amount of such assessment or such other sum on
or before the date due, the commission may, and is hereby
authorized to, add to such unpaid assessment or sum an
amount not exceeding ten percent of the same to defray the
cost of enforcing the collecting of the same. In the event of
failure of such person or persons to pay any such due and
payable assessment or other such sum, the commission may
bring a civil action against such person or persons in a court
of competent jurisdiction for the collection thereof, together
with the above specified ten percent thereon, and such action
shall be tried and judgment rendered as in any other cause of
action for debt due and payable. [1991 c 67 § 2.]
15.74.070
15.74.900 Severability—1990 c 142. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1990 c 142 § 9.]
15.74.900
Chapter 15.76
Chapter 15.76 RCW
AGRICULTURAL FAIRS,
YOUTH SHOWS, EXHIBITIONS
Sections
15.76.100
15.76.110
15.76.115
15.76.120
15.76.130
15.76.140
15.76.150
15.76.160
15.76.165
15.76.170
15.76.180
(2010 Ed.)
Declaration of public interest—Allocation of state funds
authorized.
Definitions.
Fair fund—Created—Treasurer’s transfer—Purpose.
Categories of fairs—Jurisdiction and organization.
Application for state allocation—Purposes—Form.
Eligibility requirements for state allocation.
Allocations from the fair fund—Considerations.
Purposes for which allocation made—To whom made—List
of premiums to be submitted as part of application, form.
Application of counties for capital improvement and maintenance assistance.
Fairs commission—Creation, terms, compensation, powers
and duties.
Rules and regulations.
15.76.120
County fairs: Chapter 36.37 RCW.
County property, lease for agricultural purposes: RCW 36.34.145.
15.76.100 Declaration of public interest—Allocation
of state funds authorized. It is hereby declared that it is in
the public interest to hold agricultural fairs, including the
exhibition of livestock and agricultural produce of all kinds,
as well as related arts and manufactures; including products
of the farm home and educational contest, displays and demonstrations designed to train youth and to promote the welfare of farm people and rural living. Fairs qualifying hereunder shall be eligible for allocations from the state fair fund as
provided in this chapter. [1961 c 61 § 1.]
15.76.100
15.76.110 Definitions. "Director" shall mean the director of agriculture. "Commission" shall mean the fairs commission created by this chapter. "State allocations" shall
mean allocations from the state fair fund. [1961 c 61 § 2.]
15.76.110
15.76.115 Fair fund—Created—Treasurer’s transfer—Purpose. The fair fund is created in the custody of the
state treasury. All moneys received by the department of
agriculture for the purposes of this fund and from *RCW
67.16.105(4) shall be deposited into the fund. At the beginning of fiscal year 2002 and each fiscal year thereafter, the
state treasurer shall transfer into the fair fund from the general fund the sum of two million dollars, except for fiscal year
2011 the state treasurer shall transfer into the fair fund from
the general fund the sum of one million one hundred three
thousand dollars. Expenditures from the fund may be used
only for assisting fairs in the manner provided in this chapter.
Only the director of agriculture or the director’s designee
may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but
no appropriation is required for expenditures. [2010 1st sp.s.
c 37 § 912; 2001 2nd sp.s. c 16 § 1; 1998 c 345 § 2.]
15.76.115
*Reviser’s note: RCW 67.16.105 was amended by 2010 c 39 § 1,
changing subsection (4) to subsection (7).
Effective date—2010 1st sp.s. c 37: See note following RCW
13.06.050.
Additional notes found at www.leg.wa.gov
15.76.120 Categories of fairs—Jurisdiction and organization. For the purposes of this chapter all agricultural
fairs in the state which may become eligible for state allocations shall be divided into categories, to wit:
(1) "Area fairs"—those not under the jurisdiction of
boards of county commissioners; organized to serve an area
larger than one county, having both open and junior participation, and having an extensive diversification of classes,
displays and exhibits;
(2) "County and district fairs"—organized to serve the
interests of single counties other than those in which a recognized area fair or a district fair as defined in RCW 36.37.050,
is held and which are under the direct control and supervision
of the county commissioners of the respective counties,
which have both open and junior participation, but whose
classes, displays and exhibits may be more restricted or limited than in the case of area or district fairs. There may be but
one county fair in a single county: PROVIDED, HOW15.76.120
[Title 15 RCW—page 155]
15.76.130
Title 15 RCW: Agriculture and Marketing
EVER, That the county commissioners of two or more counties may, by resolution, jointly sponsor a county fair.
(3) "Community fairs"—organized primarily to serve a
smaller area than an area or county fair, which may have open
or junior classes, displays, or exhibits. There may be more
than one community fair in a county.
(4) "Youth shows and fairs"—approved by duly constituted agents of Washington State University or the office of
the superintendent of public instruction, serving three or
more counties, and having for their purpose the education and
training of rural youth in matters of rural living. [1993 c 163
§ 1; 1991 c 238 § 74; 1961 c 61 § 3.]
Additional notes found at www.leg.wa.gov
15.76.130 Application for state allocation—Purposes—Form. For the purpose of encouraging agricultural
fairs and training rural youth, the board of trustees of any fair
or youth show may apply to the director of agriculture for
state allocations as hereinafter set forth. Such application
shall be in such form as the director may prescribe. [1961 c
61 § 4.]
15.76.130
15.76.140 Eligibility requirements for state allocation. (1) Before any agricultural fair may become eligible for
state allocations it must have conducted two successful consecutive annual fairs immediately preceding application for
such allocations, and have its application therefor approved
by the director.
(2) Beginning January 1, 1994, the director may waive
this requirement for an agricultural fair that through itself or
its predecessor sponsoring organization has successfully
operated at least two years as a county fair and that reorganizes as an area fair. [2001 c 157 § 1; 1995 c 374 § 71; 1965
ex.s. c 32 § 1; 1961 c 61 § 5.]
15.76.140
Effective date—2001 c 157: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 2, 2001]." [2001 c 157 § 2.]
15.76.150 Allocations from the fair fund—Considerations. The director shall have the authority to make allocations from the state fair fund, including interest income under
RCW 43.79A.040, exclusively as follows: Eighty-five percent to participating agricultural fairs, distributed according
to the merit of such fairs measured by a merit rating to be set
up by the director. This merit rating shall take into account
such factors as area and population served, open and/or youth
participation, attendance, gate receipts, number and type of
exhibits, premiums and prizes paid, community support, evidence of successful achievement of the aims and purposes of
the fair, extent of improvements made to grounds and facilities from year to year, and overall condition and appearance
of grounds and facilities. The remaining fifteen percent of
money in the state fair fund may be used for special assistance to any participating fair or fairs and for administrative
expenses incurred in the administration of this chapter only,
including expenses incurred by the fair commission as may
be approved by the director: PROVIDED, That not more
than five percent of the state fair fund may be used for such
expenses.
15.76.150
[Title 15 RCW—page 156]
The division and payment of funds authorized in this
section shall occur at such times as the director may prescribe. [2002 c 313 § 113; 1965 ex.s. c 32 § 2; 1961 c 61 § 6.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.76.160 Purposes for which allocation made—To
whom made—List of premiums to be submitted as part of
application, form. Any state allocations made under this
chapter to fairs or youth shows, other than fairs or youth
shows operated by or for and under the control of one or more
counties or other agencies, as defined in subsection (4) of
RCW 15.76.120, shall be made only as a reimbursement in
whole or in part for the payment of premiums and prizes
awarded to participants in such fairs or youth shows. State
allocations to fairs under the control of one or more counties
shall be made to the county treasurer of the county in which
the fair is held. State allocations to other publicly sponsored
fairs or youth shows shall be made to such sponsor. The
board of trustees of any private fair or youth show, as part of
its application for any allocation under this chapter, and as a
condition of such allocation, shall submit to the director a list
of premiums and prizes awarded to participants in its last preceding fair or youth show. Such list shall contain the names
of all premium and prize winners, a description of each prize
or premium, including its amount or value, and the total values of all such awards. The list shall be in such form and contain such further information as the director may require, and
shall be verified as to its accuracy by the oath of the president
of the fair or youth show, together with that of the secretary
or manager, subscribed thereon. [1961 c 61 § 7.]
15.76.160
15.76.165 Application of counties for capital
improvement and maintenance assistance. Any county
which owns or leases property from another governmental
agency and provides such property for area or county and district agricultural fair purposes may apply to the director for
special assistance in carrying out necessary capital improvements to such property and maintenance of the appurtenances
thereto. [2005 c 443 § 2; 1973 c 117 § 1; 1969 c 85 § 1.]
15.76.165
Finding—Intent—Effective date—2005 c 443: See notes following
RCW 82.08.0255.
15.76.170 Fairs commission—Creation, terms, compensation, powers and duties. There is hereby created a
fairs commission to consist of the director of agriculture as ex
officio member and chair, and seven members appointed by
the director to be persons who are interested in fair activities;
at least three of whom shall be from the east side of the Cascades and three from the west side of the Cascades and one
member at large. The first appointment shall be: Three for a
one year term, two for a two year term, and two for a three
year term, and thereafter the appointments shall be for three
year terms.
Appointed members of the commission shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses, in accordance with RCW
43.03.050 and 43.03.060 payable on proper vouchers submitted to and approved by the director, and payable from that
portion of the state fair fund set aside for administrative costs
under this chapter. The commission shall meet at the call of
15.76.170
(2010 Ed.)
Weighmasters
the chair, but at least annually. It shall be the duty of the
commission to act as an advisory committee to the director,
to assist in the preparation of the merit rating used in determining allocations to be made to fairs, and to perform such
other duties as may be required by the director from time to
time. [2010 c 8 § 6100; 1984 c 287 § 18; 1975-’76 2nd ex.s.
c 34 § 21; 1975 1st ex.s. c 7 § 11; 1961 c 61 § 8.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Additional notes found at www.leg.wa.gov
15.76.180 Rules and regulations. The director shall
have the power to adopt such rules and regulations as may be
necessary or appropriate to carry out the purposes of this
chapter. [1961 c 61 § 9.]
15.76.180
Chapter 15.80
Chapter 15.80 RCW
WEIGHMASTERS
Sections
15.80.300
15.80.310
15.80.320
15.80.330
15.80.340
15.80.350
15.80.360
15.80.370
15.80.380
15.80.390
15.80.400
15.80.410
15.80.420
15.80.430
15.80.440
15.80.450
15.80.460
15.80.470
15.80.480
15.80.490
15.80.500
15.80.510
15.80.520
15.80.530
15.80.540
15.80.550
15.80.560
15.80.570
15.80.580
15.80.590
15.80.600
15.80.610
15.80.620
15.80.630
15.80.640
15.80.650
15.80.660
15.80.900
15.80.910
15.80.920
Definitions—Application.
"Department."
"Director."
"Person."
"Licensed public weighmaster."
"Weigher."
"Vehicle."
"Certified weight."
"Commodity."
"Thing."
"Retail merchant."
Director’s duty to enforce—Adoption of rules.
Highway transport of commodities sold by weight—Weighing
required—Exceptions.
Certificates of weight and invoices to be carried with loads.
Reweighing—Weighing—Variance from invoiced weight.
Weighmaster’s license—Applications—Fee—Bond.
Weighmaster’s license—Issuance—Expiration date.
Weighmaster’s license—Renewal date—Penalty fee.
Surety bond.
Weigher’s license—Employees or agents to issue weight tickets—Application—Fee.
Weigher’s license—Issuance—Expiration date.
Duties of weighmaster.
Certification of weights—Impression seal—Fee—Annual
renewal.
Certified weight ticket—Form—Contents—Evidence.
Copies of weight tickets.
Weighmaster or weigher to determine weights—Automatic
devices.
Weighing devices to be suitable—Testing of weighing and
measuring devices.
Weighing devices—Rated capacity to exceed weight of load.
Weighing devices—Platform size to sufficiently accommodate vehicles.
Denial, suspension, or revocation of licenses—Hearing.
Hearings for denial, suspension or revocation of licenses—
Notice—Location.
Subpoenas—Oaths.
Assuming to act as weighmaster or weigher.
Falsifying weight tickets, weight or count—Unlawfully delegating—Presealing before weighing.
Writing, etc., false ticket or certificate—Influence—Penalty.
Violations—Penalty.
Collected moneys—Deposit.
Chapter cumulative.
Effective date—1969 ex.s. c 100.
Severability—1969 ex.s. c 100.
15.80.300 Definitions—Application. Terms used in
this chapter shall have the meaning given to them in RCW
15.80.310 through 15.80.400 unless the context where used
shall clearly indicate to the contrary. [1969 ex.s. c 100 § 1.]
15.80.300
(2010 Ed.)
15.80.400
15.80.310 "Department." "Department" means the
department of agriculture of the state of Washington. [1969
ex.s. c 100 § 2.]
15.80.310
15.80.320 "Director." "Director" means the director of
the department or his or her duly appointed representative.
[2010 c 8 § 6101; 1969 ex.s. c 100 § 3.]
15.80.320
15.80.330 "Person." "Person" means a natural person,
individual, or firm, partnership, corporation, company, society, or association. This term shall import either the singular
or plural, as the case may be. [1969 ex.s. c 100 § 4.]
15.80.330
15.80.340 "Licensed public weighmaster." "Licensed
public weighmaster" also referred to as weighmaster, means
any person, licensed under the provisions of this chapter, who
weighs, measures or counts any commodity or thing and
issues therefor a signed certified statement, ticket, or memorandum of weight, measure or count accepted as the accurate
weight, or count upon which the purchase or sale of any commodity or upon which the basic charge or payment for services rendered is based. [1969 ex.s. c 100 § 5.]
15.80.340
15.80.350 "Weigher." "Weigher" means any person
who is licensed under the provisions of this chapter and who
is an agent or employee of a weighmaster and authorized by
the weighmaster to issue certified statements of weight, measure or count. [1969 ex.s. c 100 § 6.]
15.80.350
15.80.360 "Vehicle." "Vehicle" means any device,
other than a railroad car, in, upon, or by which any commodity, is or may be transported or drawn. [1969 ex.s. c 100 § 7.]
15.80.360
15.80.370 "Certified weight." "Certified weight"
means any signed certified statement or memorandum of
weight, measure or count issued by a weighmaster or weigher
in accordance with the provisions of this chapter or any regulation adopted thereunder. [1969 ex.s. c 100 § 8.]
15.80.370
15.80.380 "Commodity." "Commodity" means anything that may be weighed, measured or counted in a commercial transaction. [1969 ex.s. c 100 § 9.]
15.80.380
15.80.390 "Thing." "Thing" means anything used to
move, handle, transport or contain any commodity for which
a certified weight, measure or count is issued when such
thing is used to handle, transport, or contain a commodity.
[1969 ex.s. c 100 § 10.]
15.80.390
15.80.400 "Retail merchant." "Retail merchant"
means and includes any person operating from a bona fide
fixed or permanent location at which place all of the retail
business of said merchant is transacted, and whose business
is exclusively retail except for the occasional wholesaling of
small quantities of surplus commodities which have been
taken in exchange for merchandise from the producers
thereof at the bona fide fixed or permanent location. [1969
ex.s. c 100 § 11.]
15.80.400
[Title 15 RCW—page 157]
15.80.410
Title 15 RCW: Agriculture and Marketing
15.80.410 Director’s duty to enforce—Adoption of
rules. The director shall enforce and carry out the provisions
of this chapter and may adopt the necessary rules to carry out
its purpose. The adoption of rules shall be subject to the provisions of chapter 34.05 RCW (Administrative Procedure
Act), as enacted or hereafter amended, concerning the adoption of rules. [1969 ex.s. c 100 § 12.]
15.80.410
15.80.420 Highway transport of commodities sold by
weight—Weighing required—Exceptions. It shall be a
violation of this chapter to transport by highway any hay,
straw or grain which has been purchased by weight or will be
purchased by weight, unless it is weighed and a certified
weight ticket is issued thereon, by the first licensed public
weighmaster which would be encountered on the ordinary
route to the destination where the hay, straw or grain is to be
unloaded: PROVIDED, HOWEVER, That this section shall
not apply to the following:
(1) The transportation of, or sale of, hay, straw or grain
by the primary producer thereof;
(2) The transportation of hay, straw or grain by an agriculturalist for use in his own growing, or animal or poultry
husbandry endeavors;
(3) The transportation of grain by a party who is either a
warehouseman or grain dealer and who is licensed under the
grain warehouse laws and who makes such shipment in the
course of the business for which he is so licensed;
(4) The transportation of hay, straw or grain by retail
merchants, except for the provisions of RCW 15.80.430 and
15.80.440;
(5) The transportation of grain from a warehouse
licensed under the grain warehouse laws when the transported grain is consigned directly to a public terminal warehouse. [1969 ex.s. c 100 § 13.]
15.80.420
(1) The full name of the person applying for such license
and if the applicant is a partnership, association or corporation, the full name of each member of the partnership or the
names of the officers of the association or corporation;
(2) The principal business address of the applicant in this
state and elsewhere;
(3) The names of the persons authorized to receive and
accept service of summons and legal notice of all kinds for
the applicant;
(4) The location of any scale or scales subject to the
applicant’s control and from which certified weights will be
issued; and
(5) Such other information as the director feels necessary
to carry out the purposes of this chapter.
Such annual application shall be accompanied by a
license fee of fifty dollars for each scale from which certified
weights will be issued and a bond as provided for in RCW
15.80.480. [2006 c 358 § 3; 1969 ex.s. c 100 § 16.]
Effective dates—2006 c 358: See note following RCW 19.94.175.
15.80.460 Weighmaster’s license—Issuance—Expiration date. The director shall issue a license to an applicant
upon his or her satisfaction that the applicant has satisfied the
requirements of this chapter and the rules adopted hereunder
and that such applicant is of good moral character, not less
than eighteen years of age, and has the ability to weigh accurately and make correct certified weight tickets. Any license
issued under this chapter shall expire annually on a date set
by rule by the director. License fees shall be prorated where
necessary to accommodate staggering of expiration dates of a
license or licenses. [2010 c 8 § 6102; 1991 c 109 § 7; 1971
ex.s. c 292 § 14; 1969 ex.s. c 100 § 17.]
15.80.460
Additional notes found at www.leg.wa.gov
15.80.470 Weighmaster’s license—Renewal date—
Penalty fee. If an application for renewal of any license provided for in this chapter is not filed prior to the expiration
date, there shall be assessed and added to the renewal fee as a
penalty therefor fifty percent of said renewal fee which shall
be paid by the applicant before any renewal license shall be
issued. The penalty shall not apply if the applicant furnishes
an affidavit that he or she has not acted as a weighmaster or
weigher subsequent to the expiration of his or her prior
license. [2010 c 8 § 6103; 1991 c 109 § 8; 1969 ex.s. c 100 §
18.]
15.80.470
15.80.430 Certificates of weight and invoices to be
carried with loads. Certificates of weight issued by licensed
public weighmasters and invoices for sales by a retail merchant, if the commodity is being hauled by or for such retail
merchant, shall be carried with all loads of hay, straw or grain
when in transit. [1969 ex.s. c 100 § 14.]
15.80.430
15.80.440 Reweighing—Weighing—Variance from
invoiced weight. The driver of any vehicle previously
weighed by a licensed public weighmaster may be required to
reweigh the vehicle and load at the nearest scale.
The driver of any vehicle operated by or for a retail merchant which vehicle contains hay, straw, or grain may be
required to weigh the vehicle and load at the nearest scale,
and if the weight is found to be less than the amount appearing on the invoice, a copy of which is required to be carried
on the vehicle, the director shall report the finding to the consignee and may cause such retail merchant to be prosecuted
in accordance with the provisions of this chapter. [1969 ex.s.
c 100 § 15.]
15.80.440
15.80.450 Weighmaster’s license—Applications—
Fee—Bond. Any person may apply to the director for a
weighmaster’s license. Such application shall be on a form
prescribed by the director and shall include:
15.80.450
[Title 15 RCW—page 158]
15.80.480 Surety bond. Any applicant for a weighmaster’s license shall execute and deliver to the director a surety
bond executed by the applicant as principal and by a surety
company qualified and authorized to do business in this state
as surety. Such bond shall be in the sum of one thousand dollars. The bond shall be of standard form and approved by the
director as to terms and conditions. Said bond shall be conditioned that the principal will not commit any fraudulent act
and will comply with the provisions of this chapter and the
rules adopted hereunder. Said bond shall be to the state for
the benefit of every person availing himself or herself of the
services and certifications issued by a weighmaster, or
weigher subject to his or her control. The total and aggregate
liability of the surety for all claims upon the bond shall be
15.80.480
(2010 Ed.)
Weighmasters
limited to the face value of such bond. Every bond filed with
and approved by the director shall, without the necessity of
periodic renewal, remain in force and effect until such time as
the license of the licensee is revoked for cause or otherwise
canceled. All such sureties on a bond, as provided herein,
shall only be released and discharged from all liability to the
state accruing on such bond upon compliance with the provisions of RCW 19.72.110, as enacted or hereafter amended,
concerning notice and proof of service, but this shall not
operate to relieve, release, or discharge the surety from any
liability already accrued or which shall accrue (due and to
become due hereunder) before the expiration period provided
for in RCW 19.72.110, as enacted or hereafter amended, concerning notice and proof of service, and unless the principal
shall before the expiration of such period, file a new bond, the
director shall forthwith cancel the principal’s license. [2010
c 8 § 6104; 1969 ex.s. c 100 § 19.]
15.80.490 Weigher’s license—Employees or agents to
issue weight tickets—Application—Fee. Any weighmaster
may file an application with the director for a license for any
employee or agent to operate and issue certified weight tickets from a scale which such weighmaster is licensed to operate under the provisions of this chapter. Such application
shall be submitted on a form prescribed by the director and
shall contain the following:
(1) Name of the weighmaster;
(2) The full name of the employee or agent and his or her
resident address;
(3) The position held by such person with the weighmaster;
(4) The scale or scales from which such employee or
agent will issue certified weights; and
(5) Signature of the weigher and the weighmaster.
Such annual application shall be accompanied by a
license fee of ten dollars. [2010 c 8 § 6105; 2006 c 358 § 4;
1969 ex.s. c 100 § 20.]
15.80.490
Effective dates—2006 c 358: See note following RCW 19.94.175.
15.80.500 Weigher’s license—Issuance—Expiration
date. Upon the director’s satisfaction that the applicant is of
good moral character, has the ability to weigh accurately and
make correct certified weight tickets and that he or she is an
employee or agent of the weighmaster, the director shall issue
a weigher’s license which will expire annually on a date set
by rule by the director. License fees shall be prorated where
necessary to accommodate staggering of expiration dates of a
license or licenses. [2010 c 8 § 6106; 1991 c 109 § 9; 1969
ex.s. c 100 § 21.]
15.80.500
15.80.540
15.80.520 Certification of weights—Impression
seal—Fee—Annual renewal. Certification of weights shall
be made by means of an impression seal, the impress of
which shall be placed by the weighmaster or weigher making
the weight determination upon the weights shown on the
weight tickets. The impression seal shall be procured from
the director upon the payment of a fee of five dollars, and
such fee shall accompany the applicant’s application for a
weighmaster’s license. The seal shall be retained by the
weighmaster upon payment of an annual renewal fee of five
dollars, and the fee shall accompany the annual renewal
application for a weighmaster’s license. Any replacement
seal needed shall be procured from the director upon payment
to the department of the cost for such replacement. An
impression seal shall be used only at the scale to which it is
assigned, and remains the property of the state and shall be
returned forthwith to the director upon the termination, suspension, or revocation of the weighmaster’s license. [1983 c
95 § 6; 1969 ex.s. c 100 § 23.]
15.80.520
15.80.530 Certified weight ticket—Form—Contents—Evidence. The certified weight ticket shall be of a
form approved by the director and shall contain the following
information:
(1) The date of issuance;
(2) The kind of commodity weighed, measured, or
counted;
(3) The name of owner, agent, or consignee of the commodity weighed;
(4) The name of seller, agent or consignor;
(5) The accurate weight, measure or count of the commodity weighed, measured or counted; including the entry of
the gross, tare and/or net weight, where applicable;
(6) The identifying numerals or symbols, if any, of each
container separately weighed and the motor vehicle license
number of each vehicle separately weighed;
(7) The means by which the commodity was being transported at the time it was weighed, measured or counted;
(8) The name of the city or town where such commodity
was weighed;
(9) The complete signature of weighmaster or weigher
who weighed, measured or counted the commodity; and
(10) Such other available information as may be necessary to distinguish or identify the commodity.
Such weight certificates when so made and properly
signed and sealed shall be prima facie evidence of the accuracy of the weights, measures or count shown, as a certified
weight, measure or count. [1969 ex.s. c 100 § 24.]
15.80.530
15.80.540 Copies of weight tickets. Certified weight
tickets shall be made in triplicate, one copy to be delivered to
the person receiving the weighed commodity at the time of
delivery, which copy shall accompany the vehicle that transports such commodity, one copy to be forwarded to the seller
by the carrier of the weighed commodity, and one copy to be
retained by the weighmaster that weighed the vehicle transporting such commodity. The copy retained by the weighmaster shall be kept at least for a period of one year, and such
copies and such other records as the director shall determine
necessary to carry out the purposes of this chapter shall be
15.80.540
15.80.510 Duties of weighmaster. A licensed public
weighmaster shall: (1) Keep the scale or scales upon which
he or she weighs any commodity or thing, in conformity with
the standards of weights and measures; (2) carefully and correctly weigh and certify the gross, tare, and net weights of
any load of any commodity or thing required to be weighed;
and (3) without charge, weigh any commodity or thing
brought to his or her scale by an inspector authorized by the
director, and issue a certificate of the weights thereof. [2010
c 8 § 6107; 1969 ex.s. c 100 § 22.]
15.80.510
(2010 Ed.)
[Title 15 RCW—page 159]
15.80.550
Title 15 RCW: Agriculture and Marketing
made available at all reasonable business hours for inspection
by the director. [1969 ex.s. c 100 § 25.]
15.80.550 Weighmaster or weigher to determine
weights—Automatic devices. No weighmaster or weigher
shall enter a weight value on a certified weight ticket that he
or she has not determined and he or she shall not make a
weight entry on a weight ticket issued at any other location:
PROVIDED, HOWEVER, That if the director determines
that an automatic weighing or measuring device can accurately and safely issue weights in conformance with the purpose of this chapter, he or she may adopt a regulation to provide for the use of such a device for the issuance of certified
weight tickets. The certified weight ticket shall be so prepared that it will show the weight or weights actually determined by the weighmaster. In any case in which only the
gross, the tare or the net weight is determined by the weighmaster he or she shall strike through or otherwise cancel the
printed entries for the weights not determined or computed
by him or her. [2010 c 8 § 6108; 1969 ex.s. c 100 § 26.]
15.80.550
15.80.560 Weighing devices to be suitable—Testing
of weighing and measuring devices. A licensed public
weighmaster shall in making a weight determination as provided for in this chapter, use a weighing device that is suitable for the weighing of the type and amount of commodity
being weighed. The director shall cause to be tested for
proper state standards of weight all weighing or measuring
devices utilized by any licensed public weighmaster. Certified weights shall not be issued over a device that has been
rejected or condemned for repair or use by the director until
such device has been repaired. [1969 ex.s. c 100 § 27.]
15.80.560
15.80.570 Weighing devices—Rated capacity to
exceed weight of load. A weighmaster shall not use a weighing device to determine the weight of a load when the weight
of such load exceeds the manufacturer’s maximum rated
capacity for such weighing device. If upon inspection the
director declares that the maximum rated capacity of any
weighing device is less than the manufacturer’s maximum
rated capacity, the weighmaster shall not weigh a load that
exceeds the director’s declared maximum rated capacity for
such weighing device. [1969 ex.s. c 100 § 28.]
15.80.570
15.80.580 Weighing devices—Platform size to sufficiently accommodate vehicles. No weighmaster shall
weigh a vehicle or combination of vehicles to determine the
weight of such vehicle or combination of vehicles unless the
weighing device has a platform of sufficient size to accommodate such vehicle or combination of vehicles fully and
completely as one entire unit. When a combination of vehicles must be broken up into separate units in order to be
weighed as prescribed, each separate unit shall be entirely
disconnected before weighing and a separate certified weight
ticket shall be issued for each separate unit. [1969 ex.s. c 100
§ 29.]
a hearing is requested, in any case in which he or she finds
that there has been a failure to comply with the requirements
of this chapter or rules adopted hereunder. Such hearings
shall be subject to chapter 34.05 RCW (administrative procedure act) concerning adjudicative proceedings. [2010 c 8 §
6109; 1989 c 175 § 52; 1969 ex.s. c 100 § 30.]
Additional notes found at www.leg.wa.gov
15.80.600 Hearings for denial, suspension or revocation of licenses—Notice—Location. For hearings for revocations, suspension, or denial of a license, the director shall
give the licensee or applicant such notice as is required under
the provisions of chapter 34.05 RCW, as enacted or hereafter
amended. Such hearings shall be held in the county where the
licensee resides. [1969 ex.s. c 100 § 31.]
15.80.600
15.80.610 Subpoenas—Oaths. The director, for the
purposes of this chapter, may issue subpoenas to compel the
attendance of witnesses, and/or the production of books
and/or documents anywhere in the state. The party shall have
opportunity to make his or her defense, and may have such
subpoenas issued as he or she desires. Subpoenas shall be
served in the same manner as in civil cases in the superior
court. Witnesses shall testify under oath which may be
administered by the director. [2010 c 8 § 6110; 1969 ex.s. c
100 § 32.]
15.80.610
15.80.620 Assuming to act as weighmaster or
weigher. It shall be unlawful for any person not licensed pursuant to the provisions of this chapter to:
(1) Hold himself or herself out, in any manner, as a
weighmaster or weigher; or
(2) Issue any ticket as a certified weight ticket. [2010 c
8 § 6111; 1969 ex.s. c 100 § 33.]
15.80.620
15.80.630 Falsifying weight tickets, weight or
count—Unlawfully delegating—Presealing before weighing. It shall be unlawful for a weighmaster or weigher to falsify a certified weight ticket, or to cause an incorrect weight,
measure, or count to be determined, or delegate his or her
authority to any person not licensed as a weigher, or to preseal a eight ticket with his or her official seal before performing the act of weighing. [2010 c 8 § 6112; 1969 ex.s. c 100 §
34.]
15.80.630
15.80.580
15.80.590 Denial, suspension, or revocation of
licenses—Hearing. The director is hereby authorized to
deny, suspend, or revoke a license subsequent to a hearing, if
15.80.640 Writing, etc., false ticket or certificate—
Influence—Penalty. Any person who shall mark, stamp, or
write any false weight ticket, scale ticket, or weight certificate, knowing it to be false, and any person who influences,
or attempts to wrongfully influence any licensed public
weighmaster or weigher in the performance of his or her official duties shall be guilty of a gross misdemeanor and upon
conviction thereof shall be punished by a fine of not less than
one hundred dollars nor more than one thousand dollars, or
by imprisonment of not less than thirty days nor more than
one year in the county jail, or by both such fine and imprisonment. [2010 c 8 § 6113; 1969 ex.s. c 100 § 35.]
15.80.640
15.80.590
[Title 15 RCW—page 160]
15.80.650 Violations—Penalty. (1) Except as provided
in RCW 15.80.640 or subsection (2) of this section, any per15.80.650
(2010 Ed.)
Agricultural Marketing and Fair Practices
15.83.010
son violating any provision of this chapter or rules adopted
hereunder is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense. [2003
c 53 § 109; 1969 ex.s. c 100 § 36.]
terms can be arrived at through negotiations between processors of agricultural products and an accredited association of
producers, and that in developing rules and administering this
chapter the director of agriculture shall recognize this intent.
[1989 c 355 § 1.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
15.83.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Accredited association of producers" means an association of producers which is accredited by the director to be
the exclusive negotiation agent for all producer members of
the association within a negotiating unit.
(2) "Advance contract" means a contract for purchase
and sale of a crop entered into before the crop becomes a
growing crop and providing for delivery at or after the harvest of that crop.
(3) "Agricultural products" as used in this chapter means
sweet corn and potatoes produced for sale from farms in this
state.
(4) "Association of producers" means any association of
producers of agricultural products engaged in marketing,
negotiating for its members, shipping, or processing as
defined in section 15(a) of the federal agriculture marketing
act of 1929 or in section 1 of 42 Stat. 388.
(5) "Director" means the director of the department of
agriculture.
(6) "Handler" means a processor or a person engaged in
the business or practice of:
(a) Acquiring agricultural products from producers or
associations of producers for use by a processor;
(b) Processing agricultural products received from producers or associations of producers, provided that a cooperative association owned by producers shall not be a handler
except when contracting for crops from producers who are
not members of the cooperative association;
(c) Contracting or negotiating contracts or other arrangements, written or oral, with or on behalf of producers or associations of producers with respect to the production or marketing of any agricultural product for use by a processor; or
(d) Acting as an agent or broker for a handler in the performance of any function or act specified in (a), (b), or (c) of
this subsection.
(7) "Negotiate" means meeting at reasonable times and
for reasonable periods of time commencing at least sixty days
before the normal planting date and concluding within thirty
days of the normal planting date to make a serious, fair, and
reasonable attempt to reach agreement by acknowledging or
refuting with reason points brought up by either party with
respect to the price, terms of sale, compensation for products
produced under contract, or other terms relating to the production or sale of these products: PROVIDED, That neither
party shall be required to disclose proprietary business or
financial records or information.
(8) "Negotiating unit" means a negotiating unit approved
by the director under RCW 15.83.020.
(9) "Person" means an individual, partnership, corporation, association, or any other entity.
(10) "Processor" means any person that purchases agricultural crops from a producer and cans, freezes, dries, dehydrates, cooks, presses, powders, or otherwise processes those
15.80.660 Collected moneys—Deposit. All moneys
collected under this chapter shall be placed in the weights and
measures account created in RCW 19.94.185. [1995 c 355 §
25.]
15.80.660
Additional notes found at www.leg.wa.gov
15.80.900 Chapter cumulative. The provisions of this
chapter shall be cumulative and nonexclusive and shall not
affect any other remedy available at law. [1969 ex.s. c 100 §
37.]
15.80.900
15.80.910 Effective date—1969 ex.s. c 100. This act
shall take effect on July 1, 1969. [1969 ex.s. c 100 § 38.]
15.80.910
15.80.920 Severability—1969 ex.s. c 100. If any section or provision of this act shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the act as a whole, or any section, provision or part
thereof, not adjudged invalid or unconstitutional. [1969 ex.s.
c 100 § 39.]
15.80.920
Chapter 15.83
Chapter 15.83 RCW
AGRICULTURAL MARKETING AND
FAIR PRACTICES
Sections
15.83.005
15.83.010
15.83.020
15.83.030
15.83.040
15.83.050
15.83.060
15.83.070
15.83.080
15.83.090
15.83.100
15.83.110
15.83.900
15.83.905
Intent.
Definitions.
Negotiating agents—Association of producers—Accreditation.
Unlawful practices of handlers.
Unlawful practices of association of producers or members.
Violations of chapter—Complaint.
Director’s authority—Recordkeeping—Cooperation.
Injury due to unlawful practices—Damages.
Unlawful practices—Civil penalty.
Injunction.
Rules.
Advisory committee.
Short title.
Severability—1989 c 355.
15.83.005 Intent. Agricultural products are produced
by many individual farmers and ranchers located throughout
the state. The efficient production and marketing of agricultural products by farmers, ranchers, and handlers is of vital
concern to the welfare and general economy of the state. It is
the purpose of this chapter to establish standards of fair practices required of handlers, producers, and associations of producers, with respect to certain agricultural commodities, to
establish the mutual obligation of handlers and accredited
associations of producers to negotiate relative to the production or marketing of these agricultural commodities.
It is the intent of the legislature that a workable process
be developed through which a fair price and other contract
15.83.005
(2010 Ed.)
15.83.010
[Title 15 RCW—page 161]
15.83.020
Title 15 RCW: Agriculture and Marketing
crops in any manner for eventual resale. A person who solely
cleans, sorts, grades, and packages a farm product for sale
without altering the natural condition of the product is not a
processor. A person processing any portion of a crop is a processor.
(11) "Producer" means a person engaged in the production of agricultural products as a farmer or planter, including
a grower or farmer furnishing inputs, production management, or facilities for growing or raising agricultural products. A producer who is also a handler shall be considered a
handler under this chapter.
(12) "Qualified commodity" means agricultural products
as defined in subsection (3) of this section. [1989 c 355 § 2.]
(b) If the director does not approve the application under
(a) of this subsection, then the association of producers may
file an amended application with the director. The director,
within a reasonable time, shall approve the amended application if it meets the requirements set out in (a) of this subsection.
(3) At the discretion of the director, or upon submission
of a timely filed petition by an affected handler or an affected
association of producers, the association of producers accredited under this section may be required by the director to
renew the application for accreditation by providing the
information required under subsection (1) of this section.
[1989 c 355 § 3.]
15.83.020 Negotiating agents—Association of producers—Accreditation. (1) An association of producers
may file an application with the director:
(a) Requesting accreditation to serve as the exclusive
negotiating agent on behalf of its producer members who are
within a proposed negotiating unit with respect to any qualified commodity;
(b) Describing geographical boundaries of the proposed
negotiating unit;
(c) Specifying the number of producers and the quantity
of products included within the proposed negotiating unit;
(d) Specifying the number and location of the producers
and the quantity of products represented by the association;
and
(e) Supplying any other information required by the
director.
(2) Within a reasonable time after receiving an application under subsection (1) of this section, the director shall
approve or disapprove the application in accordance with this
section.
(a) The director shall approve the initial application or
renewal if the director determines that:
(i) The association is owned and controlled by producers
under the charter documents or bylaws of the association;
(ii) The association has valid and binding contracts with
its members empowering the association to sell or negotiate
terms of sale of its members’ products or to negotiate for
compensation for products produced under contract by its
members;
(iii) The association represents a sufficient percentage of
producers or that its members produce a sufficient percentage
of agricultural products to enable it to function as an effective
agent for producers in negotiating with a given handler as
defined in rules promulgated by the department. In making
this finding, the director shall exclude any quantity of the
agricultural products contracted by producers with producerowned and controlled processing cooperatives with its members and any quantity of these products produced by handlers;
(iv) One of the association’s functions is to act as principal or agent for its members in negotiations with handlers for
prices and other terms of trade with respect to the production,
sale, and marketing of the products of its members, or for
compensation for products produced by its members under
contract; and
(v) Accreditation would not be contrary to the policies
established in RCW 15.83.005.
15.83.030 Unlawful practices of handlers. It shall be
unlawful for any handler to engage, or permit any employee
or agent to engage, in the following practices:
(1) To refuse to negotiate with an association of producers accredited under RCW 15.83.020 with respect to any
qualified commodity: PROVIDED, That the obligation to
negotiate does not require either party to agree to a proposal,
to make a concession, or to enter into a contract;
(2) To coerce any producer in the exercise of his or her
right to contract with, join, refrain from contracting with or
joining, belong to an association of producers, or refuse to
deal with any producer because of the exercise of that producer’s right to contract with, join, or belong to an association or because of that producer’s promotion of legislation on
behalf of an association of producers;
(3) To discriminate against any producer with respect to
price, quantity, quality, or other terms of purchase, acquisition, or other handling of agricultural products because of
that producer’s membership in or contract with an association
of producers or because of that producer’s promotion of legislation on behalf of an association of producers;
(4) To coerce or intimidate any producer to enter into,
maintain, breach, cancel, or terminate a membership agreement or marketing contract with an association of producers
or a contract with a handler;
(5) To pay or loan money, give anything of value, or
offer any other inducement or reward to a producer for refusing or ceasing to belong to an association of producers;
(6) To make knowingly false reports about the finances,
management, or activities of associations of producers or
handlers; or
(7) To conspire, agree, or arrange with any other person
to do, aid, or abet any act made unlawful by this chapter.
[1989 c 355 § 4.]
15.83.020
[Title 15 RCW—page 162]
15.83.030
15.83.040 Unlawful practices of association of producers or members. It shall be unlawful for any accredited
association of producers or members of such association to
engage, or permit any employee or agent to engage, in the
following practices:
(1) To refuse to negotiate with a handler for any qualified commodity for which the association is accredited under
RCW 15.83.020;
(2) To coerce or intimidate a handler to breach, cancel, or
terminate a marketing contract with an individual producer,
association of producers, or a member of an association;
15.83.040
(2010 Ed.)
Aquaculture Marketing
(3) To knowingly make or circulate false reports about
the finances, management, or activities of an association of
producers or a handler;
(4) To coerce or intimidate a producer to enter into,
breach, cancel, or terminate a membership agreement or marketing contract with an association of producers;
(5) To conspire, agree, or arrange with any other person
to do, aid, or abet any practice which is in violation of this
chapter; or
(6) To pay or loan money, give anything of value, or
offer any other inducement or reward to a producer for refusing to contract or negotiate with a processor. [1989 c 355 §
5.]
15.83.050 Violations of chapter—Complaint. (1) If
any person is charged with violating any provision of this
chapter, the director shall investigate the charges. If, upon
investigation, the director has reasonable cause to believe that
the person charged has violated the provision, the director
shall issue and cause to be served upon the person, a complaint stating the charges. A hearing on the charges shall be
conducted in accordance with the provisions of chapter 34.05
RCW concerning contested cases.
(2) No complaint may be issued based upon any act
occurring more than six months before the filing of the
charge with the director. At the discretion of the director, any
other person may be allowed to intervene in the proceeding
and to present testimony and other evidence.
(3) If upon the preponderance of the evidence taken, the
director is of the opinion that any person named in the complaint has engaged in or is engaging in any prohibited practice, the director shall make and enter findings of fact and
shall issue and cause to be served on that person, an order
requiring that person to cease and desist from the practice and
to take affirmative action to further the policies of this chapter. The order may also require the person to make reports
from time to time showing the extent of compliance with the
order. If, upon the preponderance of the testimony and other
evidence, the director determines that the person named in
the complaint has not engaged in or is not engaging in any
prohibited practice, the director shall make and enter findings
of fact and an order dismissing the complaint. [1989 c 355 §
6.]
15.83.050
15.83.060 Director’s authority—Recordkeeping—
Cooperation. If required to carry out the objectives of this
chapter, including the conduct of any investigations or hearing:
(1) The director shall require any person to:
(a) Establish and maintain records;
(b) Make reports; and
(c) Provide other information as may be reasonably
required.
(2) Any person subject to the provisions of this chapter
shall provide the information, records, and reports reasonably
required by the director, or make such material available to
the director for inspection and/or copying at reasonable times
and places, except that no person shall be required under this
section to provide to the director proprietary business or
financial records or information. [1989 c 355 § 7.]
15.83.060
(2010 Ed.)
Chapter 15.85
15.83.070 Injury due to unlawful practices—Damages. A person injured in his or her business or property by
reason of any violation of or conspiracy to violate RCW
15.83.030 or 15.83.040 may sue in a court of competent jurisdiction of the county in which such violation occurred without respect to the amount in controversy, and shall recover
damages sustained, including reasonable attorneys’ fees and
costs of bringing the suit. Any action to enforce any cause of
action under this section shall be forever barred unless commenced not later than two years after the cause of action
accrues. [1989 c 355 § 8.]
15.83.070
15.83.080 Unlawful practices—Civil penalty. A person who violates RCW 15.83.030 or 15.83.040 may be
assessed a civil penalty by the director of not more than five
thousand dollars for each offense. No civil penalty may be
assessed unless the person charged has been given notice and
opportunity for a hearing pursuant to chapter 34.05 RCW. In
determining the amount of the penalty, the director shall consider the size of the business of the person charged, the penalty’s affect [effect] on the person’s ability to continue in
business, and the gravity of the violation. If the director is
unable to collect the civil penalty, the director shall refer the
collection to the attorney general. [1989 c 355 § 9.]
15.83.080
15.83.090 Injunction. The director or any aggrieved
producer, accredited association, or handler may bring an
action to enjoin the violation of any provision of this chapter
or any regulation made pursuant to this chapter in a court of
competent jurisdiction of the county in which such violation
occurs or is about to occur. [1989 c 355 § 10.]
15.83.090
15.83.100 Rules. The director may promulgate such
rules in accordance with chapter 34.05 RCW, and orders, as
may be necessary to carry out this chapter. [1989 c 355 § 11.]
15.83.100
15.83.110 Advisory committee. The director shall
establish an advisory committee consisting of the following
persons: Six producers who are producers from names submitted by an association of producers, and six handlers subject to this chapter from names submitted by handlers. The
advisory committee shall study and report on all issues
related to this chapter. [1989 c 355 § 12.]
15.83.110
15.83.900 Short title. This chapter may be known and
cited as the agricultural marketing and fair practices act.
[1989 c 355 § 13.]
15.83.900
15.83.905 Severability—1989 c 355. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 355 § 14.]
15.83.905
Chapter 15.85
Chapter 15.85 RCW
AQUACULTURE MARKETING
Sections
15.85.010
15.85.020
Legislative declaration.
Definitions.
[Title 15 RCW—page 163]
15.85.010
15.85.030
15.85.040
15.85.050
15.85.060
Title 15 RCW: Agriculture and Marketing
Department principal agency for aquaculture marketing support.
Rules.
Program to assist marketing and promotion of aquaculture
products.
Private sector cultured aquatic products—Identification—
Rules.
Aquaculture disease control: Chapter 77.115 RCW.
15.85.010 Legislative declaration. The legislature
declares that aquatic farming provides a consistent source of
quality food, offers opportunities of new jobs, increased farm
income stability, and improves balance of trade.
The legislature finds that many areas of the state of
Washington are scientifically and biologically suitable for
aquaculture development, and therefore the legislature
encourages promotion of aquacultural activities, programs,
and development with the same status as other agricultural
activities, programs, and development within the state.
The legislature finds that aquaculture should be considered a branch of the agricultural industry of the state for purposes of any laws that apply to or provide for the advancement, benefit, or protection of the agriculture industry within
the state.
The legislature further finds that in order to ensure the
maximum yield and quality of cultured aquatic products, the
department of fish and wildlife should provide diagnostic services that are workable and proven remedies to aquaculture
disease problems.
It is therefore the policy of this state to encourage the
development and expansion of aquaculture within the state. It
is also the policy of this state to protect wildstock fisheries by
providing an effective disease inspection and control program and prohibiting the release of salmon or steelhead trout
by the private sector into the public waters of the state and the
subsequent recapture of such species as in the practice commonly known as ocean ranching. [1994 c 264 § 4; 1985 c 457
§ 1.]
15.85.010
Release and recapture of salmon or steelhead prohibited: RCW 77.12.459.
15.85.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Aquaculture" means the process of growing, farming, or cultivating private sector cultured aquatic products in
marine or freshwaters and includes management by an
aquatic farmer.
(2) "Aquatic farmer" is a private sector person who commercially farms and manages the cultivating of private sector
cultured aquatic products on the person’s own land or on land
in which the person has a present right of possession.
(3) "Private sector cultured aquatic products" are native,
nonnative, or hybrids of marine or freshwater plants and animals that are propagated, farmed, or cultivated on aquatic
farms under the supervision and management of a private
sector aquatic farmer or that are naturally set on aquatic farms
which at the time of setting are under the active supervision
and management of a private sector aquatic farmer. When
produced under such supervision and management, private
sector cultured aquatic products include, but are not limited
to, the following plants and animals:
15.85.020
[Title 15 RCW—page 164]
Scientific Name
Common Name
Enteromorpha
Monostroma
Ulva
Laminaria
Nereocystis
Porphyra
Iridaea
Haliotis
Zhlamys
Hinnites
Tatinopecten
Protothaca
Tapes
Saxidomus
Mytilus
Crassostrea
Ostrea
Pacifasticus
Macrobrachium
Salmo and Salvelinus
Oncorhynchus
Ictalurus
Cyprinus
Acipenseridae
green nori
awo-nori
sea lettuce
konbu
bull kelp
nori
abalone
pink scallop
rock scallop
Japanese or weathervane scallop
native littleneck clam
manila clam
butter clam
mussels
Pacific oysters
Olympia and European oysters
crayfish
freshwater prawn
trout, char, and Atlantic salmon
salmon
catfish
carp
Sturgeon
Private sector cultured aquatic products do not include
herring spawn on kelp and other products harvested under a
herring spawn on kelp permit issued in accordance with
RCW 77.70.210.
(4) "Department" means the department of agriculture.
(5) "Director" means the director of agriculture. [2003 c
39 § 7; 1989 c 176 § 3; 1985 c 457 § 2.]
15.85.030 Department principal agency for aquaculture marketing support. The department is the principal
state agency for providing state marketing support services
for the private sector aquaculture industry. [1985 c 457 § 3.]
15.85.030
15.85.040 Rules. The department shall adopt rules
under chapter 34.05 RCW to implement this chapter. [1985
c 457 § 7.]
15.85.040
15.85.050 Program to assist marketing and promotion of aquaculture products. The department shall exercise its authorities, including those provided by chapters
15.64, 15.65, 15.66, and 43.23 RCW, to develop a program
for assisting the state’s aquaculture industry to market and
promote the use of its products. [1989 c 11 § 2; 1985 c 457 §
4.]
15.85.050
Additional notes found at www.leg.wa.gov
15.85.060 Private sector cultured aquatic products—
Identification—Rules. The director shall establish identification requirements for private sector cultured aquatic products to the extent that identifying the source and quantity of
the products is necessary to permit the department of fish and
wildlife to administer and enforce Title 77 RCW effectively.
The rules shall apply only to those private sector cultured
aquatic products the transportation, sale, processing, or other
15.85.060
(2010 Ed.)
Organic Products
possession of which would otherwise be required to be
licensed under Title 77 RCW if they were not cultivated by
aquatic farmers. The rules shall apply to the transportation or
possession of such products on land other than aquatic lands
and may require that they be: (1) Placed in labeled containers
or accompanied by bills of lading or sale or similar documents identifying the name and address of the producer of the
products and the quantity of the products governed by the
documents; or (2) both labeled and accompanied by such
documents.
The director shall consult with the director of fish and
wildlife to ensure that such rules enable the department of
fish and wildlife to enforce the programs administered under
those titles. If rules adopted under chapter 69.30 RCW satisfy the identification required under this section for shellfish,
the director shall not establish different shellfish identification requirements under this section. [2003 c 39 § 8; 1994 c
264 § 5; 1988 c 36 § 6; 1985 c 457 § 5.]
Chapter 15.86
Chapter 15.86 RCW
ORGANIC PRODUCTS
Sections
15.86.010
15.86.020
15.86.030
15.86.060
15.86.065
15.86.070
15.86.090
15.86.110
15.86.120
15.86.130
15.86.140
Purpose.
Definitions.
Marketing of organic products—Standards—Restrictions—
Evaluations to verify compliance.
Rules—National organic program—Violations—Penalties.
State organic program—Authority of department and director—Rules.
Rules—Certification program—Fees.
Mandatory certification—Exceptions.
Confidentiality of business related information.
Transitional product—Standards—Fees—Evaluations to verify compliance.
Brand name materials list of registered materials—Application for registration—Right to enter premises—Rules—
Denial/suspension/revocation of a registration, grounds.
Brand name materials list—Fees.
Kosher food products: Chapter 69.90 RCW.
15.86.010 Purpose. The legislature recognizes a public
benefit in:
(1) Establishing standards governing the labeling and
advertising of agricultural products and commodities as
organic products or transitional products;
(2) Providing certification under the national organic
program for agricultural products marketed and labeled using
the term "organic" or a derivative of the term "organic;"
(3) Providing access for Washington producers, processors, and handlers to domestic and international markets for
organic products;
(4) Establishing a state organic program or obtaining
federal accreditation as a certifying agent under the national
organic program; and
(5) Establishing a brand name materials list for registration of inputs that comply with national, international, or
other organic standards. [2010 c 109 § 1; 2002 c 220 § 1;
1992 c 71 § 1; 1985 c 247 § 1.]
15.86.010
15.86.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
15.86.020
(2010 Ed.)
15.86.020
(1) "Certification" or "certified" means a determination
documented by a certificate of organic operation made by a
certifying agent that a production or handling operation is in
compliance with the national organic program or with international standards.
(2) "Compost" means the product of a managed process
through which microorganisms break down plant and animal
materials into more available forms suitable for application to
the soil.
(3) "Crop production aid" means any substance, material, structure, or device that is used to aid a producer of an
agricultural product except for fertilizers and pesticides.
(4) "Department" means the state department of agriculture.
(5) "Director" means the director of the department of
agriculture or the director’s designee.
(6) "Fertilizer" means a single or blended substance containing one or more recognized plant nutrients which is used
primarily for its plant nutrient content and which is designed
for use or claimed to have value in promoting plant growth.
(7) "Handler" means any person who sells, distributes, or
packs organic or transitional products.
(8) "Label" means a display of written, printed, or
graphic material on the immediate container of an agricultural product or any such material affixed to any agricultural
product or affixed to a bulk container containing an agricultural product, except for package liners or a display of written, printed, or graphic material which contains only information about the weight of the product.
(9) "Labeling" includes all written, printed, or graphic
material accompanying an agricultural product at any time or
written, printed, or graphic material about the agricultural
product displayed at retail stores about the product.
(10) "Livestock production aid" means any substance,
material, structure, or device that is used to aid a producer in
the production of livestock such as parasiticides, medicines,
and feed additives.
(11) "Manufacturer" means a person that compounds,
produces, granulates, mixes, blends, repackages, or otherwise
alters the composition of materials.
(12) "Material" means any substance or mixture of substances that is intended to be used in agricultural production,
processing, or handling.
(13) "National organic program" means the program
administered by the United States department of agriculture
pursuant to 7 C.F.R. Part 205, which implements the federal
organic food production act of 1990 (7 U.S.C. Sec. 6501 et
seq.).
(14) "Organic certifying agent" means any third-party
certification organization that is recognized by the director as
being one which imposes, for certification, standards consistent with this chapter.
(15) "Organic product" means any agricultural product,
in whole or in part, including meat, dairy, and beverage, that
is marketed using the term organic or any derivative of
organic and that is produced, handled, and processed in
accordance with this chapter.
(16) "Organic waste-derived material" means grass clippings, leaves, weeds, bark, plantings, prunings, and other
vegetative wastes, uncontaminated wood waste from logging
and milling operations, food wastes, food processing wastes,
[Title 15 RCW—page 165]
15.86.030
Title 15 RCW: Agriculture and Marketing
and materials derived from these wastes through composting.
"Organic waste-derived material" does not include products
that contain biosolids as defined in chapter 70.95J RCW.
(17) "Person" means any natural person, firm, partnership, exchange, association, trustee, receiver, corporation,
and any member, officer, or employee thereof or assignee for
the benefit of creditors.
(18) "Pesticide" means, but is not limited to:
(a) Any substance or mixture of substances intended to
prevent, destroy, control, repel, or mitigate any insect, rodent,
nematode, mollusk, fungus, weed, and any other form of
plant or animal life or virus, except a virus on or in a living
human being or other animal, which is normally considered
to be a pest or which the director may declare to be a pest;
(b) Any substance or mixture of substances intended to
be used as a plant regulator, defoliant, or desiccant;
(c) Any substance or mixture of substances intended to
be used as a spray adjuvant; and
(d) Any other substances intended for such use as may be
named by the director by rule.
(19) "Postharvest material" means any substance, material, structure, or device that is used in the postharvest handling of agricultural products.
(20) "Processing aid" means a substance that is added to
a food:
(a) During processing, but is removed in some manner
from the food before it is packaged in its finished form;
(b) During processing, is converted into constituents normally present in the food, and does not significantly increase
the amount of the constituents naturally found in the food;
and
(c) For its technical or functional effect in the processing
but is present in the finished food at insignificant levels and
does not have any technical or functional effect in that food.
(21) "Processor" means any person engaged in the canning, freezing, drying, dehydrating, cooking, pressing, powdering, packaging, baking, heating, mixing, grinding, churning, separating, extracting, cutting, fermenting, eviscerating,
preserving, jarring, or otherwise processing of an organic or
transitional product.
(22) "Producer" means any person or organization who
or which grows, raises, or produces an agricultural product.
(23) "Registrant" means the person registering a material
on the brand name materials list under the provisions of this
chapter.
(24) "Represent" means to hold out as or to advertise.
(25) "Sale" means selling, offering for sale, holding for
sale, preparing for sale, trading, bartering, offering a gift as
an inducement for sale of, and advertising for sale in any
media.
(26) "Soil amendment" means any substance that is
intended to improve the physical characteristics of the soil,
except for fertilizers and pesticides.
(27) "Spray adjuvant" means any product intended to be
used with a pesticide as an aid to the application or to the
effect of the pesticide and that is in a package or container
separate from the pesticide. "Spray adjuvant" includes, but is
not limited to, wetting agents, spreading agents, deposit
builders, adhesives, emulsifying agents, deflocculating
agents, and water modifiers or similar agent with or without
toxic properties of its own intended to be used with any other
[Title 15 RCW—page 166]
pesticide as an aid to its application or to its effect. "Spray
adjuvant" does not include products that are only intended to
mark the location where a pesticide is applied.
(28) "Transitional product" means any agricultural product that meets requirements for organic certification, except
that the organic production areas have not been free of prohibited substances for thirty-six months. Use of prohibited
substances must have ceased for at least twelve months prior
to the harvest of a transitional product. [2010 c 109 § 2; 2002
c 220 § 2; 1992 c 71 § 2; 1989 c 354 § 32; 1985 c 247 § 2.]
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
Additional notes found at www.leg.wa.gov
15.86.030 Marketing of organic products—Standards—Restrictions—Evaluations to verify compliance.
(1) To be labeled, sold, or represented as an organic product,
a product must be produced under standards established in
this chapter or rules adopted pursuant to this chapter. A producer, processor, or handler shall not represent, sell, or offer
for sale any agricultural product with the representation that
the product is organic if the producer, processor, or handler
knows, or has reason to know, that the product has not been
produced, processed, or handled in accordance with standards established in this chapter or rules adopted pursuant to
this chapter.
(2) The department may conduct evaluations in retail
establishments to verify compliance with organic labeling
and advertising requirements of this chapter, rules adopted
pursuant to this chapter, and the national organic program.
[2010 c 109 § 3; 2002 c 220 § 3; 1992 c 71 § 3; 1989 c 354 §
30; 1985 c 247 § 3.]
15.86.030
Violation of RCW 15.86.030 constitutes violation of RCW 19.86.020: RCW
19.86.023.
Additional notes found at www.leg.wa.gov
15.86.060 Rules—National organic program—Violations—Penalties. (1) The director shall adopt rules, in conformity with chapter 34.05 RCW, as the director believes are
appropriate for the adoption of the national organic program
and for the proper administration of this chapter.
(2)(a) The director shall issue orders to producers, processors, or handlers whom the director finds are violating
RCW 15.86.030 or 15.86.090 or rules adopted pursuant to
this chapter, to cease their violations and desist from future
violations.
(b) Whenever the director finds that a producer, processor, or handler has committed a violation, the director shall
impose on and collect from the violator a civil fine not
exceeding the total of:
(i) The state’s estimated costs of investigating and taking
appropriate administrative and enforcement actions in
respect to the violation; and
(ii) One thousand dollars. [2010 c 109 § 4; 2002 c 220 §
4; 1992 c 71 § 7; 1985 c 247 § 6.]
15.86.060
15.86.065 State organic program—Authority of
department and director—Rules. (1) The department is
authorized to take such actions, conduct proceedings, and
enter orders as permitted or contemplated for a state organic
15.86.065
(2010 Ed.)
Organic Products
program or certifying agent under the national organic program.
(2) The director may deny, suspend, or revoke a certification provided for in this chapter if the director determines
that an applicant or certified person has violated this chapter
or rules adopted pursuant to this chapter.
(3) The program shall not be inconsistent with the
requirements of the national organic program.
(4) The department shall adopt rules necessary to implement this section. [2010 c 109 § 5; 2002 c 220 § 7.]
15.86.070 Rules—Certification program—Fees. (1)
The director may adopt rules establishing a program for certifying producers, processors, and handlers as meeting state,
national, or international standards for organic or transitional
products.
(2) The rules:
(a) May govern, but are not limited to governing:
(i) The number and scheduling of on-site visits, both
announced and unannounced, by certification personnel;
(ii) Recordkeeping requirements; and
(iii) The submission of product samples for chemical
analysis; and
(b) Shall include a fee schedule that will provide for the
recovery of the full cost of the program.
(3) All fees collected under this chapter shall be deposited in an account within the agricultural local fund. The revenue from such fees shall be used solely for carrying out the
provisions of this chapter, and no appropriation is required
for disbursement from the fund.
(4) The director may employ such personnel as are necessary to carry out the provisions of this chapter. [2010 c 109
§ 6; 2002 c 220 § 5; 1997 c 303 § 4; 1992 c 71 § 10; 1989 c
354 § 34; 1987 c 393 § 12.]
15.86.070
Findings—1997 c 303: See note following RCW 43.135.055.
Additional notes found at www.leg.wa.gov
15.86.090 Mandatory certification—Exceptions. (1)
It is unlawful for any person to sell, offer for sale, or process
any agricultural product within this state with an organic
label unless that person is certified under this chapter by the
department or a recognized organic certifying agent.
(2) Subsection (1) of this section shall not apply to:
(a) Final retailers of organic products that do not process
organic products; or
(b) Producers who sell no more than five thousand dollars annually in value of agricultural products directly to consumers. [2010 c 109 § 7; 2002 c 220 § 6; 1992 c 71 § 8.]
15.86.090
Additional notes found at www.leg.wa.gov
15.86.110 Confidentiality of business related information. (1) Except as provided in subsection (2) of this section, the department shall keep confidential any business
related information obtained under this chapter concerning an
entity certified under this chapter or an applicant for such certification and such information shall be exempt from public
inspection and copying under chapter 42.56 RCW.
(2) Applications for certification under this chapter and
laboratory analyses pertaining to that certification shall be
15.86.110
(2010 Ed.)
15.86.130
available for public inspection and copying. [2005 c 274 §
218; 1992 c 71 § 11.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
15.86.120 Transitional product—Standards—Fees—
Evaluations to verify compliance. (1) To be labeled, sold,
or represented as transitional products, agricultural products
must comply with transitional product standards specified in
this chapter and rules adopted pursuant to this chapter,
including no application of substances prohibited under the
national organic program within one year immediately preceding harvest.
(2) A producer, processor, or handler may not represent,
sell, or offer for sale any agricultural product as a transitional
product if the producer, processor, or handler knows or has
reason to know that the product does not comply with transitional product standards specified in this chapter or rules
adopted pursuant to this chapter.
(3)(a) The department may set and collect transitional
certification fees, including fees for application for transitional certification, renewal of transitional certification,
inspections, and sampling. Collected fees are subject to provisions specified in RCW 15.86.070.
(b) The fee for application for transitional certification is
fifty dollars per site in addition to any organic certification
application fees established under this chapter. The department may increase this fee by rule as necessary to cover costs
of provision of services.
(4) The department may conduct evaluations in retail
establishments to verify compliance with transitional labeling and advertising requirements of this chapter, rules
adopted pursuant to this chapter, and the national organic
program. [2010 c 109 § 8.]
15.86.120
15.86.130 Brand name materials list of registered
materials—Application for registration—Right to enter
premises—Rules—Denial/suspension/revocation of a registration, grounds. (1) The department may establish a
brand name materials list of registered materials that are
approved for use in organic production, processing, or handling in accordance with the national organic program or
international standards. Registration of a material on the
brand name materials list is voluntary. While registration is
not required for a material to be used or sold in this state, registration is necessary for a material to be included on the
brand name materials list.
(2)(a) Manufacturers of materials may submit an application to the department for registration of a material on the
brand name materials list. Applications must be made on a
form designated by the department, and must include:
(i) The name and address of the manufacturer;
(ii) The name and address of the manufacturer’s representative making the representations in the application;
(iii) The brand name that the material is sold under;
(iv) A copy of the labeling accompanying the material
and a statement of all claims to be made for it, including the
directions and precautions for use;
(v) The complete formula of the material, including the
active and inert ingredients;
15.86.130
[Title 15 RCW—page 167]
15.86.140
Title 15 RCW: Agriculture and Marketing
(vi) A description of the manufacturing process, including all materials used for the extraction and synthesis of the
material, if appropriate;
(vii) The intended uses of the product;
(viii) The source or supplier of all ingredients;
(ix) The required fee for registration or renewal; and
(x) Any additional information required by rule.
(b) If any change to the information provided in an application occurs at any time after an application is submitted, the
registrant must immediately submit corrected information to
the department for review. Failure by the registrant to provide corrections to information provided in the application
may result in suspension or revocation of the registration.
(c) By submitting an application for registration on the
brand name materials list, the applicant expressly consents to
jurisdiction of the state of Washington in all matters related to
the registration.
(d) Applications for registration on the brand name materials list are governed by chapter 34.05 RCW.
(3)(a) By applying for registration on the brand name
materials list, the registrant expressly grants to the department or other organic certifying agent or inspection agent
approved by the national organic program the right to enter
the registrant’s premises during normal business hours or at
other reasonable times to:
(i) Inspect the portion of the premises where the material,
inputs, or ingredients are stored, produced, manufactured,
packaged, or labeled;
(ii) Inspect records related to the sales, storage, production, manufacture, packaging, or labeling of the material,
inputs, or ingredients; and
(iii) Obtain samples of materials, inputs, and ingredients.
(b) Should the registrant refuse to allow inspection of the
premises or records or fail to provide samples, the registration on the brand name materials list is canceled. The department shall deny applications for registration where the registrant refuses to allow the inspection of the premises or
records or fails to provide samples as provided in this section.
(c) Required inspections may be conducted by department personnel, by an organic certifying agent, or by another
inspection agent approved by the national organic program.
The department may establish by rule evaluation criteria for
review of inspection reports conducted by an organic certifying agent or inspection agent approved by the national
organic program.
(4) The director may adopt rules necessary to implement
the brand name materials list, including but not limited to:
(a) Fees related to registration;
(b) The number and scheduling of inspections, both
announced and unannounced;
(c) Recordkeeping requirements;
(d) Additional application requirements;
(e) Labeling of registered materials; and
(f) Chemical analysis of material samples.
(5)(a) The department may establish a brand name materials list to register materials approved for use under:
(i) National organic program standards; or
(ii) International or additional organic standards.
(b) The director may review materials registered on the
brand name materials list as approved for use under the
national organic program for compliance with specific inter[Title 15 RCW—page 168]
national or additional organic standards as designated by rule.
A registered material that complies with a specific international or additional organic standard may also be registered
as approved under that standard.
(6) Registration of a material on the brand name materials list under this chapter does not guarantee acceptance for
use in organic production or processing by organic certifying
agents other than the department. The department is not liable for any losses or damage that occurs as a result of use of
a material registered on the brand name materials list.
(7) The director may deny, suspend, or revoke a registration on the brand name materials list if the director determines that a registrant has:
(a) Failed to meet the registration criteria established in
this chapter or rules adopted pursuant to this chapter; or
(b) Violated any other provision of this chapter or rules
adopted pursuant to this chapter. [2010 c 109 § 9.]
15.86.140 Brand name materials list—Fees. (1) The
department is authorized to set and collect fees for application for registration, renewal of registration, inspections, and
sampling for the brand name materials list. Collected fees are
subject to provisions specified in RCW 15.86.070. The
department may increase by rule fees established in this section as necessary to cover costs of provision of services.
(2)(a) The application fee for registration of a pesticide,
spray adjuvant, processing aid, livestock production aid, or
postharvest material is:
(i) Five hundred dollars per material for an initial registration; and
(ii) Three hundred dollars per material for renewing a
registration.
(b) The application fee for registration of a fertilizer, soil
amendment, organic waste-derived material, compost, animal manure, or crop production aid is:
(i) Four hundred dollars per material for an initial registration; and
(ii) Two hundred dollars per material for renewing a registration.
(3)(a) Renewal applications postmarked after October
31st must include, in addition to the renewal fee, a late fee of:
(i) One hundred dollars per material for applications
postmarked after October 31st;
(ii) Two hundred dollars per material for applications
postmarked after November 30th; and
(iii) Three hundred dollars per material for applications
postmarked after December 31st.
(b) Renewal applications received after February 2nd
will not be accepted, and applicants must reapply as new
applicants.
(4) Inspections and any additional visit that must be
arranged must be billed at forty dollars per hour plus travel
costs and mileage, charged at the rate established by the
office of financial management.
(5) Chemical analysis of material samples, if required for
registration or requested by the applicant, must be billed at a
rate established by the laboratory services division of the
department of agriculture or at cost for analyses performed by
another laboratory.
(6) Requests for expedited reviews may be submitted
and, if approved, must be billed at forty dollars per hour.
15.86.140
(2010 Ed.)
Wine Commission
(7) The department may assess compliance with an international or additional organic standard for materials registered on the brand name materials list as approved for use
under the national organic program. Requests for additional
assessments of materials approved under the national organic
program must be billed at a rate of one hundred dollars per
product for each standard. [2010 c 109 § 10.]
Chapter 15.88
Chapter 15.88 RCW
WINE COMMISSION
Sections
15.88.010
15.88.020
15.88.025
15.88.030
15.88.040
15.88.050
15.88.060
15.88.070
15.88.073
15.88.075
15.88.080
15.88.090
15.88.100
15.88.110
15.88.120
15.88.130
15.88.140
15.88.150
15.88.160
15.88.170
15.88.180
15.88.190
15.88.900
15.88.901
15.88.902
(2010 Ed.)
tural land and processing facilities are located, and obviate
the need for state and federal funding of local services. The
industries are therefore affected with the public interest.
(5) Creation of a commission for the public purpose of
administering the revenue of the commission under RCW
66.24.210(3) for the enhancement of production of wine
grapes and wine and the marketing of Washington wine will
materially advance the industries of growing and processing
wine grapes and thereby the interests of the citizens of the
state. [1987 c 452 § 1.]
15.88.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Commission" means the Washington wine commission.
(2) "Director" means the director of agriculture or the
director’s duly appointed representative.
(3) "Department" means the department of agriculture.
(4) "Person" includes any individual, firm, corporation,
trust, association, partnership, society, or any other organization of individuals.
(5) "Grower" means a person who has at least five acres
in production of vinifera grapes.
(6) "Growers’ association" means a nonprofit association of Washington producers of vinifera grapes, whether or
not incorporated, which the director finds to comprise the
interested persons affected by appointment of members of the
commission or, if the director finds that no such association
exists, a group of growers of vinifera grapes within the state
identified by the director as fairly representing growers of
vinifera grapes within the state.
(7) "Vinifera grapes" means the agricultural product
commonly known as VITIS VINIFERA and those hybrid of
VITIS VINIFERA which have predominantly the character
of VITIS VINIFERA.
(8) "Producer" means any person or other entity which
grows within the state vinifera grapes or any person or other
entity licensed under Title 66 RCW to produce within the
state wine made predominantly from vinifera grapes.
(9) "Wine producer" means any person or other entity
licensed under Title 66 RCW to produce within the state wine
from vinifera grapes.
(10) "Eastern Washington" means that portion of the
state lying east of the Cascade mountain range.
(11) "Western Washington" means that portion of the
state lying west of the Cascade mountain range.
(12) "Wine" for the purposes of this section shall be as
defined in RCW 66.04.010.
(13) "Wine institute" means a nonprofit association of
Washington wine producers, whether or not incorporated,
which the director finds to comprise interested persons
affected by appointment of members of the commission or, if
the director finds that no such association exists, a group
composed of all such producers identified as actively
engaged in the production of wine within the state.
(14) "Handler" means any Washington winery, or processor, juicer, grape broker, agent, or person buying or
receiving vinifera grapes to be passed on or exported either as
grapes, juice, or wine. [1988 c 257 § 6; 1987 c 452 § 2.]
15.88.020
Legislative declaration.
Definitions.
Regulating wine grapes and wine—Existing comprehensive
scheme—Applicable laws.
Wine commission created—Composition.
Designation of commission members—Terms.
Appointment of members—Travel expenses.
Enforcement of commission obligations against commission
assets—Liability of commission members and employees.
Commission powers and duties.
Commission’s plans, programs, and projects—Director’s
approval required.
Commission speaks for state—Director’s oversight.
Research, promotional, and educational campaign.
Campaign goals.
Commission members’ votes weighted—Exception.
Assessments on wine producers and growers to fund commission.
List of growers of vinifera grapes—Reporting system.
Annual assessment on harvested vinifera grapes—Approval
by referendum—Rules.
Referendum determining grower participation—Effect.
Deposit of moneys.
Assessment constitutes debt—Penalty for nonpayment—Civil
action.
Certain records exempt from public disclosure—Exceptions—
Actions not prohibited by chapter.
Funding staff support—Rules—Costs of implementing RCW
15.88.073.
Commission must assist legislative gift center—Selection of
Washington wines.
Construction—1987 c 452.
Effective dates—1987 c 452.
Severability—1987 c 452.
15.88.010 Legislative declaration. The legislature
declares that:
(1) Marketing is a dynamic and changing part of Washington agriculture and a vital element in expanding the state
economy.
(2) The sale in the state and export to other states and
abroad of wine made in the state contribute substantial benefits to the economy of the state, provide a large number of
jobs and sizeable tax revenues, and have an important stabilizing effect on prices received by agricultural producers.
Development of exports of these commodities abroad will
contribute favorably to the balance of trade of the United
States and of the state. The sale and export are therefore
affected with the public interest.
(3) The production of wine grapes in the state is a new
and important segment of Washington agriculture which has
potential for greater contribution to the economy of the state
if it undergoes healthy development.
(4) The general welfare of the people of the state will be
served by healthy development of the activities of growing
and processing wine grapes, which development will
improve the tax bases of local communities in which agricul15.88.010
15.88.020
[Title 15 RCW—page 169]
15.88.025
Title 15 RCW: Agriculture and Marketing
15.88.025 Regulating wine grapes and wine—Existing comprehensive scheme—Applicable laws. The history, economy, culture, and future of Washington state’s agriculture involves the wine industry. In order to develop and
promote wine grapes and wine as part of an existing comprehensive scheme to regulate those products the legislature
declares:
(1) That it is vital to the continued economic well-being
of the citizens of this state and their general welfare that its
wine grapes and wine be properly promoted by (a) enabling
the wine industry to help themselves in establishing orderly,
fair, sound, efficient, and unhampered marketing of wine
grapes and wines they produce; and (b) working to stabilize
the wine industry by increasing markets for wine grapes and
wine within the state, the nation, and internationally;
(2) That wine grape growers and wine producers operate
within a regulatory environment that imposes burdens on
them for the benefit of society and the citizens of the state and
includes restrictions on marketing autonomy. Those restrictions may impair the wine grape growers’ and wine producers’ ability to compete in local, domestic, and foreign markets;
(3) That it is in the overriding public interest that support
for the wine industry be clearly expressed; that adequate protection be given to agricultural commodities, uses, activities,
and operations; and that wine grapes and wine be promoted
individually, and as part of a comprehensive industry to:
(a) Enhance the reputation and image of Washington
state’s agriculture industry;
(b) Increase the sale and use of wine grapes and wine in
local, domestic, and foreign markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production
of wine grapes and wine;
(d) Increase the knowledge of the qualities and value of
Washington’s wine grapes and wine; and
(e) Support and engage in programs or activities that
benefit the production, handling, processing, marketing, and
uses of wine grapes and wine;
(4) That this chapter is enacted in the exercise of the
police powers of this state for the purpose of protecting the
health, peace, safety, and general welfare of the people of this
state; and
(5) That the production and marketing of wine grapes
and wine is a highly regulated industry and that the provisions of this chapter and the rules adopted under it are only
one aspect of the regulated industry. Other regulations and
restraints applicable to the wine grape and wine industry
include:
(a) *Organic food products act under chapter 15.86
RCW;
(b) Horticultural pests and diseases under chapter 15.08
RCW;
(c) Horticultural plants and facilities—Inspection and
licensing under chapter 15.13 RCW;
(d) Planting stock under chapter 15.14 RCW;
(e) Washington pesticide control act under chapter 15.58
RCW;
(f) Insect pests and plant diseases under chapter 17.24
RCW;
15.88.025
[Title 15 RCW—page 170]
(g) Wholesale distributors and suppliers of wine and
malt beverages under chapter 19.126 RCW;
(h) Weights and measures under chapter 19.94 RCW;
(i) Title 66 RCW, alcoholic beverage control;
(j) Title 69 RCW, food, drugs, cosmetics, and poisons
including provisions of 21 C.F.R. relating to the general manufacturing practices, food labeling, food standards, food
additives, and pesticide tolerances;
(k) Chapter 69.07 RCW, Washington food processing
act;
(l) 27 U.S.C., Secs. 201 through 211, 213 through 219a,
and 122A;
(m) 27 C.F.R., Parts 1, 6, 9, 10, 12, 16, 240, 251, 252;
and
(n) Rules under Titles 16 and 314 WAC, and rules
adopted under chapter 15.88 RCW. [2002 c 313 § 110.]
*Reviser’s note: The "organic food products act" was renamed the
"organic products act."
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.88.030 Wine commission created—Composition.
(1) There is created an agricultural commodity commission
to be known and designated as the Washington wine commission. The commission shall be composed of twelve voting
members and one nonvoting member; five voting members
shall be growers, five voting members shall be wine producers, one voting member shall be the director, and one voting
member shall be a wine distributor licensed under RCW
66.24.200. Of the grower members, at least one shall be a
person who does not have over fifty acres of vinifera grapes
in production, at least one shall be a person who has over one
hundred acres of vinifera grapes in production, and two may
be persons who produce and sell their own wine. Of the wine
producer members, at least one shall be a person producing
not more than twenty-five thousand gallons of wine annually,
at least one shall be a person producing over one million gallons of wine annually, and at least two shall be persons who
produce wine from their own grapes. In addition, at least one
member shall be a wine producer located in western Washington and at least two members shall be wine producers
located in eastern Washington.
(2) The commission shall have one nonvoting member
who is a wine producer in this state whose principal wine or
wines are produced from fruit other than vinifera grapes.
(3) Seven voting members of the commission constitute
a quorum for the transaction of any business of the commission.
(4) Each voting member of the commission shall be a citizen and resident of this state and over the age of twenty-one
years. Each voting member, except the member holding
position eleven, must be or must have been engaged in that
phase of the grower or wine producer industry that he or she
is appointed to represent, and must during his or her term of
office derive a substantial portion of income therefrom, or
have a substantial investment in the growing of vinifera
grapes or the production of wine from vinifera grapes as an
owner, lessee, partner, or a stockholder owning at least ten
percent of the voting stock in a corporation engaged in the
growing of vinifera grapes or wine production from vinifera
grapes; or the manager or executive officer of such a corporation. These qualifications apply throughout each member’s
15.88.030
(2010 Ed.)
Wine Commission
term of office. This subsection does not apply to the director.
[2003 c 396 § 38; 1997 c 321 § 40; 1988 c 254 § 12; 1987 c
452 § 3.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Additional notes found at www.leg.wa.gov
15.88.040 Designation of commission members—
Terms. The appointed voting positions on the commission
shall be designated as follows: The wine producers shall be
designated positions one, two, three, four, and five; the growers shall be designated positions six, seven, eight, nine, and
ten; the wine wholesaler shall be position eleven; and the
director shall be position number thirteen. The nonvoting
industry member shall be designated position number twelve.
The member designated as filling position one shall be a person producing over one million gallons of wine annually.
The member designated as position one shall be the sole representative, directly or indirectly, of the producer eligible to
hold position one and in no event shall that producer directly
or indirectly control more than fifty percent of the votes of
the commission.
Except for position thirteen, the regular terms of office
shall be three years from the date of appointment and until
their successors are appointed. However, the first terms of
the members appointed upon July 1, 1987, shall be as follows: Positions one, six, and eleven shall terminate July 1,
1990; positions two, four, seven, and nine shall terminate
July 1, 1989; and positions three, five, eight, and ten shall terminate July 1, 1988. The term of the initial nonvoting industry member shall terminate July 1, 1990. [2003 c 396 § 39;
1988 c 254 § 13; 1987 c 452 § 4.]
15.88.040
Effective date—2003 c 396: See note following RCW 15.66.030.
15.88.050 Appointment of members—Travel
expenses. (1) The director shall appoint the members of the
commission. In making such appointments, the director shall
take into consideration recommendations made by the growers’ association and the wine institute as the persons recommended for appointment as members of the commission. In
appointing persons to the commission, the director shall seek
to ensure as nearly as possible a balanced representation on
the commission which would reflect the composition of the
growers and wine producers throughout the state as to number of acres cultivated and amount of wine produced.
(2) The appointment shall be carried out immediately
subsequent to July 1, 1987, and members so appointed as set
forth in this chapter shall serve for the periods set forth for the
original members of the commission under RCW 15.88.040.
(3) In the event a position on the commission becomes
vacant due to resignation, disqualification, death, or for any
other reason, the unexpired term of the position shall immediately be filled by appointment by the director.
(4) Each member or employee of the commission shall
be reimbursed for actual travel expenses incurred in carrying
out the provisions of this chapter as defined by the commission in rule. Otherwise if not defined in rule, reimbursement
for travel expenses shall be at the rates allowed by RCW
43.03.050 and 43.03.060. [2003 c 396 § 40; 2002 c 313 §
111; 1987 c 452 § 5.]
15.88.050
Effective date—2003 c 396: See note following RCW 15.66.030.
(2010 Ed.)
15.88.070
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.88.060 Enforcement of commission obligations
against commission assets—Liability of commission
members and employees. Obligations incurred by the commission and liabilities or claims against the commission shall
be enforced only against the assets of the commission in the
same manner as if it were a corporation and no liability for
the debts or actions of the commission shall exist against
either the state of Washington or any subdivision or instrumentality thereof or against any member, officer, employee,
or agent of the commission in his or her individual capacity.
The members of the commission, including employees of the
commission, shall not be held responsible individually or any
way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as
principal, agent, person, or employees, except for their own
individual acts of dishonesty or crime. No such person or
employee shall be held responsible individually for any act or
omission of any other members of the commission. [1987 c
452 § 6.]
15.88.060
15.88.070 Commission powers and duties. The powers and duties of the commission include:
(1) To elect a chair and such officers as the commission
deems advisable. The officers shall include a treasurer who
is responsible for all receipts and disbursements by the commission and the faithful discharge of whose duties shall be
guaranteed by a bond at the sole expense of the commission.
The commission shall adopt rules for its own governance,
which shall provide for the holding of an annual meeting for
the election of officers and transaction of other business and
for such other meetings as the commission may direct;
(2) To do all things reasonably necessary to effect the
purposes of this chapter. However, the commission shall
have no legislative power;
(3) At the pleasure of the commission, to employ and
discharge managers, secretaries, agents, attorneys, and
employees and to engage the services of independent contractors as the commission deems necessary, to prescribe
their duties, and to fix their compensation;
(4) To receive donations of wine from wineries for promotional purposes;
(5) To engage directly or indirectly in the promotion of
Washington wine, including without limitation the acquisition in any lawful manner and the dissemination without
charge of wine, which dissemination shall not be deemed a
sale for any purpose and in which dissemination the commission shall not be deemed a wine producer, supplier, or manufacturer of any kind or the clerk, servant, or agent of a producer, supplier, or manufacturer of any kind. Such dissemination shall be for agricultural development or trade
promotion, which may include promotional hosting and shall
in the good faith judgment of the commission be in aid of the
marketing, advertising, or sale of wine, or of research related
to such marketing, advertising, or sale;
(6) To acquire and transfer personal and real property,
establish offices, incur expense, enter into contracts (including contracts for creation and printing of promotional literature, which contracts shall not be subject to chapter 43.78
RCW, but which shall be cancelable by the commission
15.88.070
[Title 15 RCW—page 171]
15.88.073
Title 15 RCW: Agriculture and Marketing
unless performed under conditions of employment which
substantially conform to the laws of this state and the rules of
the department of labor and industries). The commission
may create such debt and other liabilities as may be reasonable for proper discharge of its duties under this chapter;
(7) To maintain such account or accounts with one or
more qualified public depositaries as the commission may
direct, to cause moneys to be deposited therein, and to expend
moneys for purposes authorized by this chapter by drafts
made by the commission upon such institutions or by other
means;
(8) To cause to be kept and annually closed, in accordance with generally accepted accounting principles, accurate records of all receipts, disbursements, and other financial
transactions, available for audit by the state auditor;
(9) To create and maintain a list of producers and to disseminate information among and solicit the opinions of producers with respect to the discharge of the duties of the commission, directly or by arrangement with trade associations or
other instrumentalities;
(10) To employ, designate as agent, act in concert with,
and enter into contracts with any person, council, commission or other entity for the purpose of promoting the general
welfare of the vinifera grape industry and particularly for the
purpose of assisting in the sale and distribution of Washington wine in domestic and foreign commerce, expending moneys as it may deem necessary or advisable for such purpose
and for the purpose of paying its proportionate share of the
cost of any program providing direct or indirect assistance to
the sale and distribution of Washington wine in domestic or
foreign commerce, employing and paying for vendors of professional services of all kinds; and
(11) To sue and be sued as a commission, without individual liability for acts of the commission within the scope of
the powers conferred upon it by this chapter. [2010 c 8 §
6114; 1987 c 452 § 7.]
15.88.073 Commission’s plans, programs, and
projects—Director’s approval required. (1) The commission shall develop and submit to the director for approval any
plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and
administration of appropriate programs or projects for the
advertising, promotion, and education of the affected commodities; and
(b) The establishment and effectuation of market
research projects, market development projects, or both to the
end that the marketing and utilization of the affected commodities may be encouraged, expanded, improved, or made
more efficient.
(2) The director shall review the commission’s advertising or promotion program to ensure that no false claims are
being made concerning the affected commodities.
(3) The commission, prior to the beginning of its fiscal
year, shall prepare and submit to the director for approval its
research plan, its commodity-related education and training
plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a
timely manner. [2003 c 396 § 42.]
15.88.073
[Title 15 RCW—page 172]
Effective date—2003 c 396: See note following RCW 15.66.030.
15.88.075 Commission speaks for state—Director’s
oversight. The commission exists primarily for the benefit
of the people of the state of Washington and its economy.
The legislature hereby charges the commission, with oversight by the director, to speak on behalf of the Washington
state government with regard to wine grapes and wine. [2003
c 396 § 43.]
15.88.075
Effective date—2003 c 396: See note following RCW 15.66.030.
15.88.080 Research, promotional, and educational
campaign. The commission shall create, provide for, and
conduct a comprehensive and extensive research, promotional, and educational campaign as crop, sales, and market
conditions reasonably require. It shall investigate and ascertain the needs of producers, conditions of markets, and
degree of public awareness of products, and take into account
the information adduced thereby in the discharge of its duties
under this chapter. [1987 c 452 § 8.]
15.88.080
15.88.090 Campaign goals. The commission shall
adopt as major objectives of its research, promotional, and
educational campaign such goals as will serve the needs of
producers, which may include, without limitation, efforts to:
(1) Establish Washington wine as a major factor in markets everywhere;
(2) Promote Washington wineries as tourist attractions;
(3) Encourage favorable reporting of Washington wine
and wineries in the press throughout the world;
(4) Establish the state in markets everywhere as a major
source of premium wine;
(5) Encourage favorable legislative and regulatory treatment of Washington wine in markets everywhere;
(6) Foster economic conditions favorable to investment
in the production of vinifera grapes and Washington wine;
(7) Advance knowledge and practice of production of
wine grapes in this state;
(8) Discover and develop new and improved vines for
the reliable and economical production of wine grapes in the
state; and
(9) Advance knowledge and practice of the processing of
wine grapes in the state. [1987 c 452 § 9.]
15.88.090
15.88.100 Commission members’ votes weighted—
Exception. (1) Except as provided in subsection (2) of this
section, the vote of each of the voting members of the commission shall be weighted as provided by this subsection for
the transaction of any of the business of the commission. The
total voting strength of the entire voting membership of the
commission shall be twelve votes. The vote of position one
shall be equal to the lesser of the following: Six and one-half
votes; or eleven votes times the percentage of the wine produced in the state that is produced by the person filling position one. The percentage shall be based upon the amount of
wine produced in the previous calendar year and shall be
rounded to the nearest ten percent. The remaining votes of
the membership of the commission shall be divided equally
among the remaining members of the commission.
15.88.100
(2010 Ed.)
Wine Commission
(2) In the event that the percentage of wine produced by
the producer represented by position one falls below twentyfive percent of the wine produced in this state, the weighted
voting mechanism provided for in subsection (1) of this section shall cease to be effective. In that case, the voting shall
be based on one vote per position. [2003 c 396 § 41; 1988 c
254 § 14; 1987 c 452 § 10.]
Effective date—2003 c 396: See note following RCW 15.66.030.
Additional notes found at www.leg.wa.gov
15.88.110 Assessments on wine producers and growers to fund commission. See RCW 66.24.215.
15.88.110
15.88.120 List of growers of vinifera grapes—
Reporting system. (1) The commission shall cause a list to
be prepared of all Washington growers from any information
available from the department, growers’ association, or wine
producers. This list shall contain the names and addresses of
all persons who grow vinifera grapes for sale or use by wine
producers within this state and the amount (by tonnage) of
vinifera grapes produced during the period designated by the
commission. A qualified person may, at any time, have his or
her name placed upon the list by delivering or mailing the
information to the commission. This list shall be corrected
and brought up to date in accordance with evidence and information available to the commission on or before December
31st of each year. For all purposes of giving notice and holding referendums, the list on hand, corrected up to the day next
preceding the date for issuing notices or ballots as the case
may be, is, for purposes of this chapter, deemed to be the list
of all growers entitled to notice or to assent or dissent or to
vote.
(2) The commission shall develop a reporting system to
document that the vinifera grape growers in this state are
reporting quantities of vinifera grapes grown and subject to
the assessment as provided in RCW 15.88.130. [1988 c 257
§ 1.]
15.88.120
15.88.170
assessment levied under this section and approved under
RCW 15.88.140. [1988 c 257 § 2.]
15.88.140
15.88.140 Referendum determining grower participation—Effect. (1) For purposes of determining grower participation in the commission and assessment under RCW
15.88.130, the director shall conduct a referendum among all
vinifera grape growers within the state. The requirements of
assent or approval of the referendum will be held to be complied with if: (a) At least fifty-one percent by numbers of
growers replying in the referendum vote affirmatively or at
least fifty-one percent by acreage of those growers replying
in the referendum vote affirmatively; and (b) thirty percent of
all vinifera grape growers and thirty percent by acreage have
been represented in the referendum to determine assent or
approval of participation and assessment. The referendum
shall be conducted on or before September 15, 1988.
(2) If the director determines that the requisite assent has
been given, the director shall direct the commission to put
into force the assessment in RCW 15.88.130.
(3) If the director determines that the requisite assent has
not been given, the director shall direct the commission not to
levy the assessment provided in RCW 15.88.130. If the requisite assent has not been given, the commission shall not
continue to specifically foster the interests of vinifera grape
growers. [1988 c 257 § 3.]
15.88.150
15.88.150 Deposit of moneys. The commission shall
deposit moneys collected under RCW 15.88.130 in a separate
account in the name of the commission in any bank that is a
state depositary. All expenditures and disbursements made
from this account under this chapter may be made without the
necessity of a specific legislative appropriation. None of the
provisions of RCW 43.01.050 apply to this account or to the
moneys received, collected, or expended as provided in RCW
15.88.120 through 15.88.160. [1988 c 257 § 4.]
15.88.160
15.88.130 Annual assessment on harvested vinifera
grapes—Approval by referendum—Rules. (1) Pursuant to
approval by referendum in accordance with RCW 15.88.140,
commencing on July 1, 1989, there shall be levied, and the
commission shall collect, upon all vinifera grapes grown
within this state an annual assessment of three dollars per ton
of vinifera grapes harvested to be paid by the grower of the
grapes.
(2) The commission shall recommend rules to the director prescribing the time, place, and method for payment and
collection of this assessment. For such purpose, the commission may recommend that the director, by rule, require the
wine producers or handlers within this state to collect the
grower assessments from growers whose vinifera grapes they
purchase or accept delivery and remit the assessments to the
commission, and provide for collecting assessments from
growers who ship directly out of state.
(3) After considering any recommendations made under
subsection (2) of this section, the director shall adopt rules, in
accordance with chapter 34.05 RCW, prescribing the time,
place, and method for the payment and collection of the
15.88.130
(2010 Ed.)
15.88.160 Assessment constitutes debt—Penalty for
nonpayment—Civil action. A due and payable assessment
levied in such specified amount as determined by the commission under RCW 15.88.130 constitutes a personal debt of
every person so assessed or who otherwise owes the assessment, and the assessment is due and payable to the commission when payment is called for by the commission. If a person fails to pay the commission the full amount of the assessment by the date due, the commission may add to the unpaid
assessment an amount not exceeding ten percent of the
assessment to defray the cost of enforcing its collection. If the
person fails to pay any such due and payable assessment or
other such sum, the commission may bring a civil action for
collection against the person or persons in a court of competent jurisdiction. The action shall be tried and judgment rendered as in any other cause of action for a debt due and payable. [1988 c 257 § 5.]
15.88.170
15.88.170 Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter.
(1) Under RCW 42.56.380, certain agricultural business
records, commission records, and department of agriculture
[Title 15 RCW—page 173]
15.88.180
Title 15 RCW: Agriculture and Marketing
records relating to the commission and producers of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records
submitted to either the department or the commission for the
purpose of administering this chapter may be shared between
the department and the commission. They may also be used,
if required, in any suit or administrative hearing involving
any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the
reports of persons subject to this chapter as long as the statements do not identify the information furnished by any person; or
(b) The publication by the director or the commission of
the name of any person violating this chapter and a statement
of the manner of the violation by that person. [2005 c 274 §
219; 2002 c 313 § 70.]
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.88.180 Funding staff support—Rules—Costs of
implementing RCW 15.88.073. (1) The director may provide by rule for a method to fund staff support for all commodity boards or commissions in accordance with RCW
43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken on
behalf of an individual commodity board or commission.
The commission shall provide funds to the department
according to the rules adopted by the director.
(2) The costs incurred by the department associated with
the implementation of RCW 15.88.073 shall be paid for by
the commission. [2003 c 396 § 44; 2002 c 313 § 76.]
15.88.180
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective dates—2002 c 313: See note following RCW 15.65.020.
15.88.190 Commission must assist legislative gift center—Selection of Washington wines. The commission
must assist the legislative gift center in selecting the Washington wines the legislative gift center will sell as provided in
RCW 44.73.015. [2009 c 228 § 4.]
15.88.190
Findings—Intent—2009 c 228: See note following RCW 66.12.195.
15.88.900 Construction—1987 c 452. This act shall be
liberally construed to effectuate its purposes. [1987 c 452 §
19.]
15.88.900
Chapter 15.89
Chapter 15.89 RCW
WASHINGTON BEER COMMISSION
Sections
15.89.010
15.89.020
15.89.025
15.89.030
15.89.040
15.89.050
15.89.060
15.89.070
15.89.073
15.89.075
15.89.080
15.89.090
15.89.100
15.89.110
15.89.120
15.89.130
15.89.140
15.89.150
15.89.160
15.89.170
15.89.900
15.89.901
Legislative declaration.
Definitions.
Regulating beer—Existing comprehensive scheme—Applicable laws.
Washington beer commission created—Composition.
Director’s duties—Referendum of beer producers.
Appointment of members—Terms, travel expenses.
Enforcement of commission obligations against commission
assets—Liability of commission members and employees.
Commission powers and duties.
Commission’s plans, programs, and projects—Director’s
approval required.
Commission speaks for state—Director’s oversight.
Research, promotional, and educational campaign.
Campaign goals.
List of producers of beer—Reporting system.
Annual assessment on beer production—Approval by referendum—Rules.
Deposit of money.
Assessment constitutes debt—Penalty for nonpayment—Civil
action.
Certain records exempt from public disclosure—Exceptions.
Costs—Funding staff support—Rules.
Enforcement.
Prosecution—Enforcement by superior courts.
Construction—2006 c 330.
Severability—2006 c 330.
15.89.010 Legislative declaration. The legislature
declares that:
(1) Marketing is a dynamic and changing part of Washington agriculture and a vital element in expanding the state
economy;
(2) The sale in this state and export to other states and
abroad of beer made in this state contribute substantial benefits to the economy of the state and provide a large number of
jobs and sizeable tax revenues;
(3) The production of beer in this state is a new and
important segment of Washington agriculture that has potential for greater contribution to the economy of the state if it
undergoes continued development; and
(4) The general welfare of the people of this state will be
served by continued development of the activities of the production of beer, that will improve the tax bases of local communities where agricultural land and processing facilities are
located, and reduce the need for state and federal funding of
local services. The industries are therefore affected with the
public interest. [2006 c 330 § 1.]
15.89.010
15.89.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Affected producer" means any producer who is subject to this chapter.
(2) "Beer" means any malt beverage or malt liquor as the
terms are defined in chapter 66.04 RCW.
(3) "Commission" means the Washington beer commission.
(4) "Department" means the department of agriculture.
(5) "Director" means the director of the department or
the director’s duly authorized representative.
(6) "Fiscal year" means the twelve-month period beginning with January 1st of any year and ending December 31st.
15.89.020
15.88.901 Effective dates—1987 c 452. (1) Sections 1
through 9 and 11 through 20 of this act are necessary for the
immediate preservation of the public peace, health, and
safety, the support of the state government and its existing
public institutions, and shall take effect July 1, 1987.
(2) Section 10 of this act shall take effect July 1, 1989.
[1987 c 452 § 21.]
15.88.901
15.88.902 Severability—1987 c 452. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 452 § 20.]
15.88.902
[Title 15 RCW—page 174]
(2010 Ed.)
Washington Beer Commission
(7) "Producer" means any person or other entity licensed
under Title 66 RCW to produce beer within Washington state
and who produces less than one hundred thousand barrels of
beer annually per location.
(8) "Referendum" means a vote by affected producers
that is conducted by secret ballot. [2006 c 330 § 2.]
15.89.025 Regulating beer—Existing comprehensive
scheme—Applicable laws. The history, economy, culture,
and future of Washington state’s agriculture involve the beer
industry. In order to develop and promote beer as part of an
existing comprehensive scheme to regulate those products,
the legislature declares that:
(1) It is vital to the continued economic well-being of the
citizens of this state and their general welfare that beer produced in Washington state be properly promoted;
(2) It is in the overriding public interest that support for
the Washington beer industry be clearly expressed and that
beer be promoted individually, and as part of a comprehensive industry to:
(a) Enhance the reputation and image of Washington
state’s agriculture industry;
(b) Protect the public by educating the public in reference to the quality, care, and methods used in the production
of beer;
(c) Increase the knowledge of the qualities and value of
Washington’s beer; and
(d) Support and engage in programs or activities that
benefit the production, handling, processing, marketing, and
uses of beer;
(3) This chapter is enacted in the exercise of the police
powers of this state to protect the health, peace, safety, and
general welfare of the people of this state; and
(4) The production and marketing of beer is a highly regulated industry and this chapter and the rules adopted under it
are only one aspect of the regulated industry. Other laws
applicable to the beer industry include:
(a) The *organic food products act, chapter 15.86 RCW;
(b) The wholesale distributors and suppliers of malt beverages, chapter 19.126 RCW;
(c) Weights and measures, chapter 19.94 RCW;
(d) Title 66 RCW, alcoholic beverage control;
(e) Title 69 RCW, food, drugs, cosmetics, and poisons;
(f) 21 C.F.R. as it relates to general manufacturing practices, food labeling, food standards, food additives, and pesticide tolerances;
(g) Chapter 69.07 RCW, Washington food processing
act;
(h) 27 U.S.C. Secs. 201 through 211, 213 through 219a,
and 122A;
(i) 27 C.F.R. Parts 1, 6, 9, 10, 12, 16, 240, 251, and 252;
and
(j) Rules under Title 314 WAC. [2006 c 330 § 3.]
15.89.025
*Reviser’s note: The "organic food products act" was renamed the
"organic products act."
15.89.030 Washington beer commission created—
Composition. (1) Subject to the referendum conducted
under RCW 15.89.040, there is created an agricultural commodity commission, to be known as the Washington beer
commission. The commission shall be comprised of seven
15.89.030
(2010 Ed.)
15.89.040
voting members; six members shall be producers and one
voting member shall be the director.
(2) Five voting members of the commission constitute a
quorum for the transaction of any commission business.
(3) Each producer member shall be a citizen and resident
of this state and over the age of twenty-one. Each producer
member must be engaged in producing beer, and must, during his or her term of office, derive a substantial portion of
income from the production of beer, or have a substantial
investment in the production of beer as an owner, lessee, partner, or the manager or executive officer of such a corporation.
No more than one board member may be part of the same person as defined by RCW 15.04.010. These qualifications
apply throughout each member’s term of office but do not
apply to the director.
(4) The producer members shall serve three-year terms.
Of the initial voting members, two members shall be
appointed for a one-year term, two members shall be
appointed for a two-year term, and two members shall be
appointed for a three-year term. [2006 c 330 § 4.]
15.89.040 Director’s duties—Referendum of beer
producers. (1) Upon receipt of a petition containing the signatures of five beer producers from a statewide Washington
state craft brewing trade association or other affected producers to implement this chapter and to determine producer participation in the commission and assessment under this chapter, the director shall:
(a) Conduct a referendum of beer producers. The
requirements of assent or approval of the referendum are met
if:
(i) At least fifty-one percent by numbers of affected producers participating in the referendum vote affirmatively; and
(ii) Thirty percent of the affected producers and thirty
percent of the production have been represented in the referendum to determine assent or approval of participation and
assessment. The referendum shall be conducted within sixty
days of receipt of the petition; and
(b) Establish a list of beer producers from information
provided by the petitioners, by obtaining information on beer
producers from applicable producer organizations or associations or other sources identified as maintaining the information. In establishing a current list of beer producers and their
individual production, the director shall use the beer producer’s name, mailing address, and production by the producer in the preceding fiscal year. Information on each producer shall be mailed to each beer producer on record with
the director for verification. All corrections shall be filed
with the director within twenty days from the date of mailing.
The list of affected producers shall be kept in a file by the
director. The list shall be certified as a true representation of
the referendum mailing list. Inadvertent failure to notify an
affected producer does not invalidate a proceeding conducted
under this chapter. The director shall provide the commission the list of affected producers after assent in a referendum
as provided in this section.
(2) If the director determines that the requisite assent has
been given in the referendum conducted under subsection (1)
of this section, the director shall:
(a) Within sixty days after assent of the referendum held,
appoint the members of the commission; and
15.89.040
[Title 15 RCW—page 175]
15.89.050
Title 15 RCW: Agriculture and Marketing
(b) Direct the commission to put into force the assessment as provided for in RCW 15.89.110.
(3) If the director determines that the requisite assent has
not been given in the referendum conducted under subsection
(1) of this section, the director shall take no further action to
implement or enforce this chapter.
(4) Upon completion of the referendum conducted under
subsection (1) of this section, the department shall tally the
results of the vote and provide the results to affected producers. If an affected producer disputes the results of a vote, that
producer within sixty days from the announced results, shall
provide in writing a statement of why the vote is disputed and
request a recount. Once the vote is tallied and distributed, all
disputes are resolved, and all matters in a vote are finalized,
the individual ballots may be destroyed.
(5) Before conducting the referendum provided for in
subsection (1) of this section, the director may require the
petitioners to deposit with him or her an amount of money as
the director deems necessary to defray the expenses of conducting the referendum. The director shall provide the petitioners an estimate of expenses that may be incurred to conduct a referendum before any service takes place. Petitioners
shall deposit funds with the director to pay for expenses
incurred by the department. The commission shall reimburse
petitioners the amount paid to the department when funds
become available. However, if for any reason the referendum
process is discontinued, the petitioners shall reimburse the
department for expenses incurred by the department up until
the time the process is discontinued.
(6) The director is not required to hold a referendum
under subsection (1) of this section more than once in any
twelve-month period. [2006 c 330 § 5.]
15.89.050
15.89.050 Appointment of members—Terms, travel
expenses. (1) The director shall appoint the producer members of the commission. In making appointments, no later
than ninety days before an expiration of a commission member’s term, the director shall call for recommendations for
commission member positions, and the director shall take
into consideration recommendations made by a statewide
Washington state craft brewing trade association or other
affected producers. In appointing persons to the commission,
the director shall seek a balanced representation on the commission that reflects the composition of the beer producers
throughout the state on the basis of beer produced and geographic location. Information on beer production by geographic location shall be provided by the commission upon
the director’s request.
(2) If a position on the commission becomes vacant due
to resignation, disqualification, death, or for any other reason,
the commission shall notify the director and the unexpired
term shall immediately be filled by appointment by the director.
(3) Each member or employee of the commission shall
be reimbursed for actual travel expenses incurred in carrying
out this chapter as defined by the commission in rule. Otherwise if not defined in rule, reimbursement for travel expenses
shall be at the rates allowed by RCW 43.03.050 and
43.03.060. [2006 c 330 § 6.]
[Title 15 RCW—page 176]
15.89.060 Enforcement of commission obligations
against commission assets—Liability of commission
members and employees. Obligations incurred by the commission and any other liabilities or claims against the commission shall be enforced only against the assets of the commission and, except to the extent of such assets, no liability
for the debts or actions of the commission exists against
either the state of Washington or any subdivision or instrumentality thereof or against any member, employee, or agent
of the commission or the state of Washington in his or her
individual capacity. Except as otherwise provided in this
chapter, neither the commission members, nor its employees,
may be held individually responsible for errors in judgment,
mistakes, or other acts, either of commission or omission, as
principal, agent, person, or employee, except for their own
individual acts of dishonesty or crime. No person or
employee may be held individually responsible for any act or
omission of any other commission members. The liability of
the commission members shall be several and not joint, and
no member is liable for the default of any other member.
This provision confirms that commission members have been
and continue to be, state officers or volunteers for purposes of
RCW 4.92.075 and are entitled to the defenses, indemnifications, limitations of liability, and other protections and benefits of chapter 4.92 RCW. [2006 c 330 § 7.]
15.89.060
15.89.070 Commission powers and duties. The commission shall:
(1) Elect a chair and officers. The officers must include
a treasurer who is responsible for all receipts and disbursements by the commission and the faithful discharge of whose
duties shall be guaranteed by a bond at the sole expense of the
commission. The commission must adopt rules for its own
governance that provide for the holding of an annual meeting
for the election of officers and the transaction of other business and for other meetings the commission may direct;
(2) Do all things reasonably necessary to effect the purposes of this chapter. However, the commission has no rulemaking power except as provided in this chapter;
(3) Employ and discharge managers, secretaries, agents,
attorneys, and employees and engage the services of independent contractors;
(4) Retain, as necessary, the services of private legal
counsel to conduct legal actions on behalf of the commission.
The retention of a private attorney is subject to review by the
office of the attorney general;
(5) Receive donations of beer from producers for promotional purposes under subsections (6) and (7) of this section
and for fund-raising purposes under subsection (8) of this
section. Donations of beer for promotional purposes may
only be disseminated without charge;
(6) Engage directly or indirectly in the promotion of
Washington beer, including, without limitation, the acquisition in any lawful manner and the dissemination without
charge of beer. This dissemination is not deemed a sale for
any purpose and the commission is not deemed a producer,
supplier, or manufacturer, or the clerk, servant, or agent of a
producer, supplier, distributor, or manufacturer. This dissemination without charge shall be for agricultural development or trade promotion, and not for fund-raising purposes
under subsection (8) of this section. Dissemination for pro15.89.070
(2010 Ed.)
Washington Beer Commission
motional purposes may include promotional hosting and
must in the good faith judgment of the commission be in the
aid of the marketing, advertising, sale of beer, or of research
related to such marketing, advertising, or sale;
(7) Promote Washington beer by conducting unique beer
tastings without charge;
(8) Beginning July 1, 2007, fund the Washington beer
commission through sponsorship of up to twelve beer festivals annually at which beer may be sold to festival participants. For this purpose, the commission would qualify for
issue of a special occasion license as an exception to WAC
314-05-020 but must comply with laws under Title 66 RCW
and rules adopted by the liquor control board under which
such events may be conducted;
(9) Participate in international, federal, state, and local
hearings, meetings, and other proceedings relating to the production, regulation, distribution, sale, or use of beer including
activities authorized under *RCW 42.17.190, including the
reporting of those activities to the public disclosure commission;
(10) Acquire and transfer personal and real property,
establish offices, incur expenses, and enter into contracts,
including contracts for the creation and printing of promotional literature. The contracts are not subject to chapter
43.78 RCW, and are cancelable by the commission unless
performed under conditions of employment that substantially
conform to the laws of this state and the rules of the department of labor and industries. The commission may create
debt and other liabilities that are reasonable for proper discharge of its duties under this chapter;
(11) Maintain accounts with one or more qualified public
depositories as the commission may direct, for the deposit of
money, and expend money for purposes authorized by this
chapter by drafts made by the commission upon such institutions or by other means;
(12) Cause to be kept and annually closed, in accordance
with generally accepted accounting principles, accurate
records of all receipts, disbursements, and other financial
transactions, available for audit by the state auditor;
(13) Create and maintain a list of producers and disseminate information among and solicit the opinions of producers
with respect to the discharge of the duties of the commission,
directly or by arrangement with trade associations or other
instrumentalities;
(14) Employ, designate as an agent, act in concert with,
and enter into contracts with any person, council, commission, or other entity to promote the general welfare of the beer
industry and particularly to assist in the sale and distribution
of Washington beer in domestic and foreign commerce. The
commission shall expend money necessary or advisable for
this purpose and to pay its proportionate share of the cost of
any program providing direct or indirect assistance to the sale
and distribution of Washington beer in domestic or foreign
commerce, employing and paying for vendors of professional
services of all kinds;
(15) Sue and be sued as a commission, without individual liability for acts of the commission within the scope of the
powers conferred upon it by this chapter;
(16) Serve as liaison with the liquor control board on
behalf of the commission and not for any individual producer;
(2010 Ed.)
15.89.090
(17) Receive such gifts, grants, and endowments from
public or private sources as may be made from time to time,
in trust or otherwise, for the use and benefit of the purposes
of the commission and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments. [2009 c 373 § 9; 2007 c 211 § 1; 2006 c 330 § 8.]
*Reviser’s note: RCW 42.17.190 was recodified as RCW 42.17A.635
pursuant to 2010 c 204 § 1102, effective January 1, 2012.
15.89.073 Commission’s plans, programs, and
projects—Director’s approval required. (1) The commission shall develop and submit to the director for approval any
plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and
administration of appropriate programs or projects for advertising, promotion, and education programs related to beer;
and
(b) The establishment and effectuation of market
research projects, market development projects, or both to the
end that the marketing of beer may be encouraged, expanded,
improved, or made more efficient.
(2) The director shall review the commission’s advertising or promotion program to ensure that no false claims are
being made concerning beer.
(3) The commission, before the beginning of its fiscal
year, shall prepare and submit to the director for approval its
research plan, its commodity-related education and training
plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a
timely manner. [2006 c 330 § 9.]
15.89.073
15.89.075 Commission speaks for state—Director’s
oversight. The commission exists primarily for the benefit
of the people of the state of Washington and its economy.
The legislature hereby charges the commission, with oversight by the director, to speak on behalf of the Washington
state government with regard to the marketing and promotion
of Washington produced beer. [2006 c 330 § 10.]
15.89.075
15.89.080 Research, promotional, and educational
campaign. The commission may create, provide for, and
conduct a comprehensive and extensive research, promotional, and educational campaign as sales and market conditions reasonably require. It shall investigate and ascertain the
needs of producers, conditions of markets, and degree of public awareness of products, and take into account this information in the discharge of its duties under this chapter. [2006 c
330 § 11.]
15.89.080
15.89.090 Campaign goals. The commission shall
adopt as major objectives of its research, promotional, and
educational campaign goals that serve the needs of producers.
The goals may include efforts to:
(1) Establish Washington beer as a major factor in markets everywhere;
(2) Promote Washington breweries as tourist attractions;
(3) Encourage favorable reporting of Washington beer
and breweries in the press throughout the world;
15.89.090
[Title 15 RCW—page 177]
15.89.100
Title 15 RCW: Agriculture and Marketing
(4) Establish Washington beer in markets everywhere as
a major source of premium beer;
(5) Encourage favorable legislative and regulatory treatment of Washington beer in markets everywhere;
(6) Encourage promotion of Washington agriculture
related to beer production, specifically hops, malting barley,
and wheat grown in the state; and
(7) Foster economic conditions favorable to investment
in the production of Washington beer. [2006 c 330 § 12.]
15.89.100 List of producers of beer—Reporting system. (1) The commission shall prepare a list of all affected
producers from information available from the liquor control
board, the department, or the producers’ association. This list
must contain the names and addresses of affected producers
within this state and the amount, by barrelage, of beer produced during the period designated by the commission. A
qualified person may, at any time, have his or her name
placed upon the list by delivering or mailing the information
to the commission. This list shall be corrected and brought
up-to-date in accordance with evidence and information
available to the commission by December 31st of each year.
For the purposes of giving notice and holding referendums,
the list updated before the date for issuing notices or ballots is
the list of all producers entitled to notice, to assent or dissent,
or to vote. Inadvertent failure to notify a producer does not
invalidate a proceeding conducted under this chapter.
(2) It is the responsibility of affected producers to ensure
that their correct address is filed with the commission. It is
also the responsibility of affected producers to submit production data to the commission as prescribed by this chapter.
(3) The commission shall develop a reporting system to
document that the affected producers in this state are reporting quantities of beer produced and are paying the assessment
as provided in RCW 15.89.110. [2006 c 330 § 13.]
15.89.100
15.89.110 Annual assessment on beer production—
Approval by referendum—Rules. (1) Pursuant to referendum in accordance with RCW 15.89.040, there is levied, and
the commission shall collect, upon beer produced by an
affected producer, an annual assessment of ten cents per barrel of beer produced, up to ten thousand barrels per location.
(2) The commission shall adopt rules prescribing the
time, place, and method for payment and collection of this
assessment and provide for the collection of assessments
from affected producers who ship directly out-of-state.
(3) The commission may reduce the assessment per
affected producer based upon in-kind contributions to the
commission. [2006 c 330 § 14.]
15.89.110
15.89.120 Deposit of money. The commission shall
deposit money collected under RCW 15.89.110 in a separate
account in the name of the commission in any bank that is a
state depositary. All expenditures and disbursements made
from this account under this chapter may be made without the
necessity of a specific legislative appropriation. RCW
43.01.050 does not apply to this account or to the money
received, collected, or expended as provided in this chapter.
[2006 c 330 § 15.]
15.89.130 Assessment constitutes debt—Penalty for
nonpayment—Civil action. An assessment levied in an
amount determined by the commission under RCW
15.89.110 constitutes a personal debt of every person
assessed or who otherwise owes the assessment, and the
assessment is due and payable to the commission when payment is called for by the commission. If a producer fails to
pay the commission the full amount of the assessment by the
date due, the commission may add to the unpaid assessment
an amount not exceeding ten percent of the assessment to
defray the cost of enforcing its collection. If the person fails
to pay an assessment, the commission may bring a civil
action for collection against the person or persons in a court
of competent jurisdiction. The action shall be tried and judgment rendered as in any other cause of action for a debt due
and payable. [2006 c 330 § 16.]
15.89.130
15.89.140 Certain records exempt from public disclosure—Exceptions. (1) Under RCW 42.56.380, certain
agricultural business records, commission records, and
department of agriculture records relating to the commission
and producers of agricultural commodities are exempt from
public disclosure.
(2) Financial and commercial information and records
submitted to either the department or the commission for the
purpose of administering this chapter may be shared between
the department and the commission. They may also be used,
if required, in any suit or administrative hearing involving
this chapter.
(3) This section does not prohibit:
(a) The issuance of general statements based upon the
reports of persons subject to this chapter as long as the statements do not identify the information furnished by any person; or
(b) The publication by the director or the commission of
the name of any person violating this chapter and a statement
of the manner of the violation by that person. [2006 c 330 §
17.]
15.89.140
15.89.150 Costs—Funding staff support—Rules. (1)
All costs incurred by the department, including the adoption
of rules and other actions necessary to carry out this chapter,
shall be reimbursed by the commission.
(2) The director may provide by rule for a method to
fund staff support for all commodity boards or commissions
in accordance with RCW 43.23.033 if a position is not
directly funded by the legislature and costs are related to the
specific activity undertaken on behalf of an individual commodity board or commission. The commission shall provide
funds to the department according to the rules adopted by the
director. [2006 c 330 § 18.]
15.89.150
15.89.120
[Title 15 RCW—page 178]
15.89.160 Enforcement. County and state law enforcement officers, the liquor control board and its enforcement
agents, and employees of the department shall enforce this
chapter. [2006 c 330 § 19.]
15.89.160
15.89.170 Prosecution—Enforcement by superior
courts. (1) Any prosecution brought under this chapter may
be instituted in any county in which the defendant or any
15.89.170
(2010 Ed.)
Center for Sustaining Agriculture and Natural Resources
defendant resides, or in which the violation was committed,
or in which the defendant or any defendant has his or her
principal place of business.
(2) The superior courts may enforce this chapter and the
rules and regulations of the commission issued hereunder,
and may prevent and restrain violations thereof. [2006 c 330
§ 20.]
15.89.900 Construction—2006 c 330. This act shall be
liberally construed to effectuate its purposes. [2006 c 330 §
21.]
15.89.900
15.89.901 Severability—2006 c 330. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2006 c 330 § 29.]
15.89.901
Chapter 15.92 RCW
CENTER FOR SUSTAINING AGRICULTURE
AND NATURAL RESOURCES
Chapter 15.92
Sections
15.92.005
15.92.010
15.92.020
15.92.030
15.92.040
15.92.050
15.92.060
15.92.070
15.92.080
15.92.090
15.92.095
15.92.100
15.92.105
15.92.110
Finding.
Definitions.
Center established.
Primary activities—Cooperative with University of Washington.
Administrator.
Food and environmental quality laboratory.
Laboratory responsibilities.
Board to advise laboratory.
Annual report—Acceptable risk of human and environmental
exposure.
Commission on pesticide registration—Established—Composition—Duration of membership—Compensation.
Commission on pesticide registration—State appropriations—
Restrictions on use of state money—Commission approval
required.
Commission on pesticide registration—Duties.
Commission on pesticide registration—Report on activities—
Review by legislature.
Commission on pesticide registration—Receipt of gifts,
grants, and endowments.
15.92.005 Finding. The legislature finds that public
concerns are increasing about the need for significant efforts
to develop sustainable systems in agriculture. The sustainable
systems would address many anxieties, including the erosion
of agricultural lands, the protection and wise utilization of
natural resources, and the safety of food production. Consumers have demonstrated their apprehension in the marketplace by refusing to purchase products whose safety is suspect and consumer confidence is essential for a viable agriculture in Washington. Examples of surface and ground
water contamination by pesticides and chemical fertilizers
raise concerns about deterioration of environmental quality.
Reducing soil erosion would maintain water quality and protect the long-term viability of the soil for agricultural productivity. Both farmers and farm labor are apprehensive about
the effects of pesticides on their health and personal safety.
Development of sustainable farming systems would
strengthen the economic viability of Washington’s agricultural production industry.
Public anxieties over the use of chemicals in agriculture
have resulted in congress amending the federal insecticide,
15.92.005
(2010 Ed.)
15.92.010
fungicide and rodenticide act which requires all pesticides
and their uses registered before November 1984 to be reregistered, complying with present standards, by the end of
1997. The legislature finds that the pesticide reregistration
process and approval requirements could reduce the availability of chemical pesticides for use on minor crops in
Washington and may jeopardize the farmers’ ability to grow
these crops in Washington.
The legislature recognizes that Washington State University supports research and extension programs that can
lead to reductions in pesticide use where viable alternatives
are both environmentally and economically sound. Yet, the
legislature finds that a focused and coordinated program is
needed to develop possible alternatives, increase public confidence in the safety of the food system, and educate farmers
and natural resource managers on land stewardship.
The legislature further finds that growers, processors,
and agribusiness depend upon pesticide laboratories associated with manufacturers, regional universities, state departments of agriculture, and the United States department of
agriculture to provide residue data for registering essential
pesticides. The registration of uses for minor crops, which
include vegetables, fruits, nuts, berries, nursery and greenhouse crops, and reregistration of needed chemicals, are
activities of particular concern to ensure crop production.
Furthermore, public demands for improved information and
education on pesticides and risk assessment efforts justify
these efforts.
The legislature further finds that multiple alternatives are
needed for pest control, including programs for integrated
pest management, genetic resistance to pests, biological control, cultural practices, and the use of appropriate approved
chemicals. [1991 c 341 § 1.]
15.92.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agricultural commodity" means any distinctive type
of agricultural, horticultural, viticultural, floricultural, vegetable, or animal product, including but not limited to, products qualifying as *organic food products under chapter
15.86 RCW, private sector cultured aquatic products as
defined in RCW 15.85.020, bees and honey, and Christmas
trees but not including timber or timber products.
(2) "Center" means the center for sustaining agriculture
and natural resources established at Washington State University.
(3) "Laboratory" means the food and environmental
quality laboratory established at Washington State University
at Tri-Cities.
(4) "Integrated pest management" is a strategy that uses
various combinations of pest control methods, biological,
cultural, and chemical, in a compatible manner to achieve
satisfactory control and ensure favorable economic and environmental consequences.
(5) "IR-4 program" means interregional research project
number four, clearances of chemicals and biologics for minor
or special uses, established in 1963 by the cooperative state
research service of the United States department of agriculture, the coordinated national program involving land-grant
universities and the United States department of agriculture
15.92.010
[Title 15 RCW—page 179]
15.92.020
Title 15 RCW: Agriculture and Marketing
to provide data required for the registration of pesticides
needed for the production of minor crops.
(6) "Minor crop" means an agricultural crop considered
to be minor in the national context of registering pesticides.
(7) "Minor use" means a pesticide use considered to be
minor in the national context of registering pesticides including, but not limited to, a use for a special local need.
(8) "Natural resources" means soil, water, air, forests,
wetlands, wildlands, and wildlife.
(9) "Pesticide" means chemical or biologic used to control pests such as insect, rodent, nematode, snail, slug, weed,
virus, or any organism the director of agriculture may declare
to be a pest.
(10) "Registration" means use of a pesticide approved by
the state department of agriculture.
(11) "Sustainable agriculture" means a systems approach
to farming, ranching, and natural resource production that
builds on and supports the physical, biological, and ecological resource base upon which agriculture depends. The goals
of sustainable agriculture are to provide human food and
fiber needs in an economically viable manner for the agriculture industry and in a manner which protects the environment
and contributes to the overall safety and quality of life. [1995
c 390 § 4; 1991 c 341 § 2.]
*Reviser’s note: The term "organic food products" was changed to
"organic products" by 2010 c 109 § 2.
15.92.020 Center established. A center for sustaining
agriculture and natural resources is established at Washington State University. The center shall provide statewide leadership in research, extension, and resident instruction programs to sustain agriculture and natural resources. [1991 c
341 § 3.]
15.92.020
15.92.030 Primary activities—Cooperative with University of Washington. The center is to work cooperatively
with the University of Washington to maximize the use of
financial resources in addressing forestry issues. The center’s
primary activities include but are not limited to:
(1) Research programs which focus on developing possible alternative production and marketing systems through:
(a) Integrated pest management;
(b) Biological pest control;
(c) Plant and animal breeding;
(d) Conservation strategies; and
(e) Understanding the ecological basis of nutrient management;
(2) Extension programs which focus on:
(a) On-farm demonstrations and evaluation of alternative
production practices;
(b) Information dissemination, and education concerning
sustainable agriculture and natural resource systems; and
(c) Communication and training on sustainable agriculture strategies for consumers, producers, and farm and conservation-related organizations;
(3) On-farm testing and research to calculate and demonstrate costs and benefits, including economic and environmental benefits and trade-offs, inherent in farming systems
and technologies;
(4) Crop rotation and other natural resource processes
such as pest-predator interaction to mitigate weed, disease,
15.92.030
[Title 15 RCW—page 180]
and insect problems, thereby reducing soil erosion and environmental impacts;
(5) Management systems to improve nutrient uptake,
health, and resistance to diseases and pests by incorporating
the genetic and biological potential of plants and animals into
production practices;
(6) Soil management, including conservation tillage and
other practices to minimize soil loss and maintain soil productivity; and
(7) Animal production systems emphasizing preventive
disease practices and mitigation of environmental pollution.
[1991 c 341 § 4.]
15.92.040 Administrator. The center is managed by an
administrator. The administrator shall hold a joint appointment as an assistant director in the Washington State University agricultural research center and cooperative extension.
(1) A committee shall advise the administrator. The dean
of the Washington State University college of agriculture and
home economics shall make appointments to the advisory
committee so the committee is representative of affected
groups, such as the Washington department of social and
health services, the Washington department of ecology, the
Washington department of agriculture, the chemical and fertilizer industry, food processors, marketing groups, consumer
groups, environmental groups, farm labor, and natural
resource and agricultural organizations.
(2) Each appointed member shall serve a term of three
years, and one-third are appointed every year. The entire
committee is appointed the first year: One-third for a term of
one year, one-third for a term of two years, and one-third for
a term of three years. A member shall continue to serve until
a successor is appointed. Vacancies are filled by appointment
for the unexpired term. The members of the advisory committee shall serve without compensation but shall be reimbursed for travel expenses incurred while engaged in the
business of the committee as provided in RCW 43.03.050
and 43.03.060.
(3) It is the responsibility of the administrator, in consultation with the advisory committee, to:
(a) Recommend research and extension priorities for the
center;
(b) Conduct a competitive grants process to solicit,
review, and prioritize research and extension proposals; and
(c) Advise Washington State University on the progress
of the development and implementation of research, teaching, and extension programs that sustain agriculture and natural resources of Washington. [1991 c 341 § 5.]
15.92.040
15.92.050 Food and environmental quality laboratory. A food and environmental quality laboratory operated
by Washington State University is established in the Tri-Cities area to conduct pesticide residue studies concerning fresh
and processed foods, in the environment, and for human and
animal safety. The laboratory shall cooperate with public and
private laboratories in Washington, Idaho, and Oregon.
[1991 c 341 § 6.]
15.92.050
15.92.060 Laboratory responsibilities. The responsibilities of the laboratory shall include:
15.92.060
(2010 Ed.)
Center for Sustaining Agriculture and Natural Resources
(1) Evaluating regional requirements for minor crop registration through the federal IR-4 program;
(2) Providing a program for tracking the availability of
effective pesticides for minor crops, minor uses, and emergency uses in this state;
(3) Conducting studies on the fate of pesticides on crops
and in the environment, including soil, air, and water;
(4) Improving pesticide information and education programs;
(5) Assisting federal and state agencies with questions
regarding registration of pesticides which are deemed critical
to crop production, consistent with priorities established in
RCW 15.92.070; and
(6) Assisting in the registration of biopesticides, pheromones, and other alternative chemical and biological methods. [1995 c 390 § 5; 1991 c 341 § 7.]
15.92.070 Board to advise laboratory. The laboratory
is advised by a board appointed by the dean of the Washington State University college of agriculture and home economics. The dean shall cooperate with appropriate officials in
Washington, Idaho, and Oregon in selecting board members.
(1) The board shall consist of one representative from
each of the following interests: A human toxicologist or a
health professional knowledgeable in worker exposure to
pesticides, the Washington State University vice-provost for
research or research administrator, representatives from the
state department of agriculture, the department of ecology,
the department of health, the department of labor and industries, privately owned Washington pesticide analytical laboratories, federal regional pesticide laboratories, an Idaho and
Oregon laboratory, whether state, university, or private, a
chemical and fertilizer industry representative, farm organizations, food processors, marketers, farm labor, environmental organizations, and consumers. Each board member shall
serve a three-year term. The members of the board shall
serve without compensation but shall be reimbursed for
travel expenses incurred while engaged in the business of the
board as provided in RCW 43.03.050 and 43.03.060.
(2) The board is in liaison with the pesticide incident
reporting and tracking panel and shall review the chemicals
investigated by the laboratory according to the following criteria:
(a) Chemical uses for which a database exists on environmental fate and acute toxicology, and that appear safer
environmentally than pesticides available on the market;
(b) Chemical uses not currently under evaluation by public laboratories in Idaho or Oregon for use on Washington
crops;
(c) Chemicals that have lost or may lose their registration
and that no reasonably viable alternatives for Washington
crops are known; and
(d) Other chemicals vital to Washington agriculture.
(3) The laboratory shall conduct research activities using
approved good laboratory practices, namely procedures and
recordkeeping required of the national IR-4 minor use pesticide registration program.
(4) The laboratory shall coordinate activities with the
national IR-4 program. [2010 1st sp.s. c 7 § 133; 1991 c 341
§ 8.]
15.92.090
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
15.92.080 Annual report—Acceptable risk of human
and environmental exposure. The center for sustaining
agriculture and natural resources at Washington State University shall prepare and present an annual report to the
appropriate legislative committees. The report shall include
the center’s priorities to find alternatives to the use of agricultural chemicals that pose human and environmental risks.
The first report, due no later than November 1, 1992, shall
use federal criteria of acceptable risk of human and environmental exposure for establishing such priorities and for conducting responsive research and education programs. For
each subsequent year, the report shall detail the center’s
progress toward meeting the goals identified in the center’s
plan. [1991 c 341 § 9.]
15.92.080
15.92.070
(2010 Ed.)
15.92.090 Commission on pesticide registration—
Established—Composition—Duration of membership—
Compensation. (1) A commission on pesticide registration
is established. The commission shall be composed of twelve
voting members appointed by the governor as follows:
(a) Eight members from the following segments of the
state’s agricultural industry as nominated by a statewide private agricultural association or agricultural commodity commission formed under Title 15 RCW: (i) The tree fruit industry; (ii) hop growers; (iii) potato growers; (iv) wheat growers;
(v) vegetable and seed growers; (vi) berry growers; (vii) wine
grape growers; and (viii) the nursery and landscape industry.
Although members are appointed from various segments of
the agriculture industry, they are appointed to represent and
advance the interests of the industry as a whole.
(b) One member from each of the following: (i) Forest
protection industry; (ii) food processors; (iii) agricultural
chemical industry; and (iv) professional pesticide applicators.
One member shall be appointed for each such segment of the
industry and shall be nominated by a statewide, private association of that segment of the industry. The representative of
the agricultural chemical industry shall be involved in the
manufacture of agricultural crop protection products.
The following shall be ex officio, nonvoting members of
the commission: The coordinator of the interregional project
number four at Washington State University; the director of
the department of ecology or the director’s designee; the
director of the department of agriculture or the director’s designee; the director of the department of labor and industries
or the director’s designee; and the secretary of the department
of health or the secretary’s designee.
(2) Each voting member of the commission shall serve a
term of three years. However, the first appointments in the
first year shall be made by the governor for one, two, and
three-year terms so that, in subsequent years, approximately
one-third of the voting members shall be appointed each year.
The governor shall assign the initial one, two, and three-year
terms to members by lot. A vacancy shall be filled by
appointment for the unexpired term in the same manner provided for an appointment to the full term. No member of the
commission may be removed by the governor during his or
her term of office unless for cause of incapacity, incompetence, neglect of duty, or malfeasance in office. Each member
15.92.090
[Title 15 RCW—page 181]
15.92.095
Title 15 RCW: Agriculture and Marketing
of the commission shall receive travel expenses in accordance with RCW 43.03.050 and 43.03.060 for attending
meetings of the commission and for performing special
duties, in the way of official commission business, specifically assigned to the person by the commission. The voting
members of the commission serve without compensation
from the state other than such travel expenses.
(3) Nominations for the initial appointments to the commission under subsection (1) of this section shall be submitted by September 1, 1995. The governor shall make initial
appointments to the commission by October 15, 1995.
(4) The commission shall elect a chair from among its
voting members each calendar year. After its original organizational meeting, the commission shall meet at the call of the
chair. A majority of the voting members of the commission
constitutes a quorum and an official action of the commission
may be taken by a majority vote of the quorum. [1999 c 247
§ 1; 1995 c 390 § 1.]
15.92.095 Commission on pesticide registration—
State appropriations—Restrictions on use of state
money—Commission approval required. (1) This subsection applies to the use of state appropriations made to or legislatively intended for the commission on pesticide registration and to any other moneys appropriated by the state and
received by the commission on pesticide registration:
(a) The moneys may not be expended without the
express approval of the commission on pesticide registration;
(b) The moneys may be used for: (i) Evaluations, studies, or investigations approved by the commission on pesticide registration regarding the registration or reregistration of
pesticides for minor crops or minor uses or regarding the
availability of pesticides for emergency uses. These evaluations, studies, or investigations may be conducted by the food
and environmental quality laboratory or may be secured by
the commission from other qualified laboratories, researchers, or contractors by contract, which contracts may include,
but are not limited to, those purchasing the use of proprietary
information; (ii) evaluations, studies, or investigations
approved by the commission regarding research, implementation, and demonstration of any aspect of integrated pest
management and pesticide resistance management programs;
(iii) the tracking system described in RCW 15.92.060; and
(iv) the support of the commission on pesticide registration
and its activities; and
(c) Not less than twenty-five percent of such moneys
shall be dedicated to studies or investigations concerning the
registration or use of pesticides for crops that are not among
the top twenty agricultural commodities in production value
produced in the state, as determined annually by the Washington agricultural statistics service.
(2) The commission on pesticide registration shall establish priorities to guide it in approving the use of moneys for
evaluations, studies, and investigations under this section.
Each biennium, the commission shall prepare a contingency
plan for providing funding for laboratory studies or investigations that are necessary to pesticide registrations or related
processes that will address emergency conditions for agricultural crops that are not generally predicted at the beginning of
the biennium. [1999 c 247 § 2; 1995 c 390 § 2.]
15.92.095
[Title 15 RCW—page 182]
15.92.100 Commission on pesticide registration—
Duties. The commission on pesticide registration shall:
(1) Provide guidance to the food and environmental
quality laboratory established in RCW 15.92.050 regarding
the laboratory’s studies, investigations, and evaluations concerning the registration of pesticides for use in this state for
minor crops and minor uses and concerning the availability
of pesticides for emergency uses;
(2) Encourage agricultural organizations to assist in providing funding, in-kind services, or materials for laboratory
studies and investigations concerning the registration of pesticides and research, implementation, and demonstration of
any aspect of integrated pest management and pesticide resistance management programs for minor crops and minor uses
that would benefit the organizations;
(3) Provide guidance to the laboratory regarding a program for: Tracking the availability of effective pesticides for
minor crops, minor uses, and emergency uses; providing this
information to organizations of agricultural producers; and
maintaining close contact between the laboratory, the department of agriculture, and organizations of agricultural producers regarding the need for research to support the registration
of pesticides for minor crops and minor uses and the availability of pesticides for emergency uses;
(4) Ensure that the activities of the commission and the
laboratory are coordinated with the activities of other laboratories in the Pacific Northwest, the United States department
of agriculture, and the United States environmental protection agency to maximize the effectiveness of regional efforts
to assist in the registration of pesticides for minor crops and
minor uses and in providing for the availability of pesticides
for emergency uses for the region and the state; and
(5) Ensure that prior to approving any residue study that
there is written confirmation of registrant support and willingness or ability to add the given minor crop to its label
including any restrictions or guidelines the registrant intends
to impose. [1999 c 247 § 3; 1995 c 390 § 3.]
15.92.100
15.92.105 Commission on pesticide registration—
Report on activities—Review by legislature. By December 15, 2002, the commission shall file with the legislature a
report on the activities supported by the commission for the
period beginning on July 23, 1995, and ending on December
1, 2002. The report shall include an identification of: The
priorities that have been set by the commission; the state
appropriations made to Washington State University that
have been within the jurisdiction of the commission; the evaluations, studies, and investigations funded in whole or in part
by such moneys and the registrations and uses of pesticides
made possible in large part by those evaluations, studies, and
investigations; the matching moneys, in-kind services, and
materials provided by agricultural organizations for those
evaluations, studies, and investigations; and the program or
programs for tracking pesticide availability provided by the
laboratory under the guidance of the commission and the
means used for providing this information to organizations of
agricultural producers.
During the regular session of the legislature in the year
2003, the appropriate committees of the house of representatives and senate shall evaluate the effectiveness of the com15.92.105
(2010 Ed.)
Forest Products Commission
mission in fulfilling its statutory responsibilities. [1995 c 390
§ 6.]
15.92.110 Commission on pesticide registration—
Receipt of gifts, grants, and endowments. The commission
on pesticide registration, and Washington State University on
behalf of the commission, may receive such gifts, grants, and
endowments from public or private sources as may be used
from time to time, in trust or otherwise, for the use and benefit of the commission and expend the same or any income
therefrom according to the terms of the gifts, grants, or
endowments. [1995 c 390 § 7.]
15.92.110
Chapter 15.100
Chapter 15.100 RCW
FOREST PRODUCTS COMMISSION
Sections
15.100.010
15.100.020
15.100.030
15.100.040
15.100.043
15.100.050
15.100.060
15.100.070
15.100.080
15.100.090
15.100.100
15.100.110
15.100.120
15.100.130
15.100.140
15.100.150
15.100.160
15.100.900
15.100.901
Finding.
Definitions.
Washington forest products commission—Created—Membership—Quorum—Terms.
Initial meeting—Nominations for initial election of members—Subsequent efforts when approval not given.
Costs of proceeding to form a commission—Reimbursement.
After initial election of members—Rules—Annual meetings—Public notice.
Vacancies—Compensation.
Obligations of commission—Limitations on liabilities or
claims—State—Individual capacity.
Powers and duties of commission.
Research, promotional, and educational campaigns.
List of all Washington producers—Confidential—Reporting
system for assessment purposes.
Assessment for permanent funding of commission—Adjustments—Referendum.
Establishment of commission and initial assessment—Statewide referendum among producers.
Deposit of moneys collected—Appropriation not required.
Assessment—Personal debt—Payable when called—Failure
to pay—Civil action.
Enforcement of chapter.
Superior courts—Jurisdiction.
Construction.
Severability—2001 c 314.
15.100.010 Finding. The legislature finds that the creation of a forest products commission would assist in expanding the state’s economy, because:
(1) Marketing is a dynamic and changing part of the
Washington forest products industry and a vital element in
expanding the state economy;
(2) The sale in the state and export to other states and
abroad of forest products made in the state contribute substantial benefits to the economy of the state, provide a large
number of jobs and sizeable tax revenues, and are key components of the health of many local communities because
many secondary businesses are largely dependent on the
health of the forest products industry; and
(3) Forest products are made from a renewable resource
and are more environmentally sound than many alternative
products. [2001 c 314 § 1.]
15.100.010
15.100.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Commission" means the forest products commission.
15.100.020
(2010 Ed.)
15.100.030
(2) "Department" means the department of agriculture.
(3) "Director" means the director of the department of
agriculture or the director’s authorized representative.
(4) "Forest products" or "timber" means trees of any species maintained for eventual harvest whether planted or of
natural growth, standing or down, on privately or publicly
owned land, and also includes wood products related thereto,
but does not include Christmas trees or other trees on which
the timber excise tax provided under chapter 84.33 RCW is
not imposed.
(5) "Person" includes any individual, corporation, firm,
partnership, trust, association, or any other organization of
individuals.
(6) "Producer" means any person who harvests timber in
Washington state and pays the timber excise tax imposed
under chapter 84.33 RCW on at least two million board feet
in a calendar year or in four consecutive calendar quarters.
(7) "Eastern Washington" means that portion of the state
lying east of the Cascade mountain range.
(8) "Western Washington" means that portion of the
state lying west of the Cascade mountain range. [2001 c 314
§ 2.]
15.100.030 Washington forest products commission—Created—Membership—Quorum—Terms. (1)(a)
There is created a commodity commission to be known and
designated as the Washington forest products commission.
The commission is composed of nine voting members. The
commission may, in its sole discretion, add or remove nonvoting ex officio members to the commission. Of the members, six shall be from western Washington, and three shall be
from eastern Washington. After the initial election of commission members, however, if a position cannot be filled by a
member from eastern Washington within sixty days from the
date on which nominations may first be received because of a
lack of candidates, the position may be filled by a member
from western Washington. Under no circumstances will there
be less than two board members from eastern Washington. If
a position was filled by a member from western Washington
because of a lack of candidates from eastern Washington, and
districts are not used for the nomination and election of members, then a person from eastern Washington must fill the
next available vacancy or open position at the next election to
bring the number of representatives from eastern Washington
up to three members. All members shall be elected by the
entire group of producers unless the commission creates districts for the members as authorized in RCW 15.100.050. If
districts are used for the nomination and election of commission members, and it does not appear that one of the positions
from eastern Washington will be filled because of a lack of
candidates, then a commission member who resides in western Washington must be elected by the entire group of producers as an at-large member. The position of the western
Washington member who is elected as an at-large member
shall be filled by a member from eastern Washington at the
expiration of the term of the at-large member. If districts are
not used for the nomination and election of members, the
commission shall strive to achieve representation on the commission from the different geographic regions of the state.
(b) Of the six members from western Washington, three
members must have annual harvests of more than seventy15.100.030
[Title 15 RCW—page 183]
15.100.040
Title 15 RCW: Agriculture and Marketing
five million board feet, and three members must have annual
harvests between two million board feet and seventy-five
million board feet.
(c) Of the two members from eastern Washington, one
member must have an annual harvest greater than forty million board feet, and one member must have an annual harvest
between two million board feet and forty million board feet.
If there is a third member from eastern Washington, the only
harvest requirement is that the member have an annual harvest of at least two million board feet.
(2) The members must be citizens and residents of this
state, and over the age of twenty-one years. Each member
must currently, and for the five years last preceding his or her
election, be actually engaged in producing forest products
within the state of Washington, either individually or as an
officer of a corporation, firm, partnership, trust, association,
or business organization at the level of production required to
qualify as a producer. Each member must also derive a substantial amount of his or her income from the production of
forest products. The qualifications set forth in this section
apply throughout each member’s term of office.
(3) No more than one member of the commission may be
employed by, or connected in a proprietary capacity with, the
same corporation, firm, partnership, trust, association, or
business organization.
(4) Five voting members of the commission constitute a
quorum for the transaction of all business and the carrying
out of the duties of the commission.
(5) The regular term of office of the members is four
years from November 1st following their election and until
their successors are elected and qualified. However, the first
terms of the members elected in the initial November 1st
election is as follows: Positions one, four, and seven terminate on November 1st, two years after the initial election is
held; positions two, five, and eight terminate on November
1st, three years after the initial election is held; and positions
three, six, and nine terminate on November 1st, four years
after the initial election is held. [2002 c 251 § 2; 2001 c 314
§ 3.]
15.100.040 Initial meeting—Nominations for initial
election of members—Subsequent efforts when approval
not given. (1) The director shall call the initial meeting of
producers of forest products for the purpose of nominating
their respective members of the commission after receiving
notice from an association representing producers of forest
products that substantial interest exists in forming a forest
products commission. Public notice of the meeting shall be
given by the director in the manner the director determines is
appropriate. A producer may on his or her own motion file his
or her name with the director for the purpose of receiving
notice of the meeting. The nonreceipt of the notice by any
interested person does not invalidate the proceedings.
(2) Prior to the nomination of commission members, the
department of revenue shall provide the director with a list of
all qualified producers within the state based upon tax
records of the department.
(3) For the initial election of commission members, any
qualified producer may be nominated orally for a commissioner position at the meeting convened by the director.
Nominations may also be made within five days prior to the
meeting by a written petition filed with the department,
signed by at least five producers who reside in the state. If the
director determines that one of the positions from eastern
Washington will go unfilled because of a lack of candidates,
the director shall announce that this position shall be filled by
a member from western Washington. If the position designated for eastern Washington is filled by a member from
western Washington because of a lack of candidates from
eastern Washington, this position shall be designated as position number seven by the director for purposes of RCW
15.100.030(5). Under no circumstances will there be less
than two board members from eastern Washington.
(4) The initial members of the commission shall be
elected by secret mail ballot under the supervision of the
director at the same time the referendum is submitted under
RCW 15.100.120 calling for the creation of the commission
and the imposition of the initial assessment. If a nominee
does not receive a majority of the votes on the first ballot, a
run-off election shall be held by mail in a similar manner
between the two candidates for the position receiving the
largest number of votes.
(5) If the director determines under RCW 15.100.120(3)
that the requisite approval for the establishment of a commission has not been given, any subsequent efforts to create a
commission must follow the procedures established under
this chapter for the initial nomination and election of members. [2002 c 251 § 3; 2001 c 314 § 4.]
15.100.043
15.100.043 Costs of proceeding to form a commission—Reimbursement. The association responsible for giving the director notice under RCW 15.100.040 that substantial interest exists in forming a forest products commission
shall reimburse the department for its costs associated with
conducting a proceeding to initiate a commission under RCW
15.100.040 and 15.100.120. If the necessary approval is
received for the creation of a commission, the commission
shall reimburse the association for the costs paid to the
department when funds become available. [2002 c 251 § 4.]
15.100.040
[Title 15 RCW—page 184]
15.100.050
15.100.050 After initial election of members—
Rules—Annual meetings—Public notice. (1) After the initial election of commission members, the commission shall
establish rules for electing commission members, including
the method used for notification, nominating, and voting. The
commission may create commission districts and boundaries,
and may also establish a weighted voting procedure for election of commission members. The commission shall hold its
annual meeting during the month of October each year for the
purpose of nominating commission members and the transaction of other business. Public notice of the meeting shall be
given by the commission in the manner it determines is
appropriate. A producer may on his or her own motion file his
or her name with the commission for the purpose of receiving
notice of the meeting. The nonreceipt of the notice by any
interested person does not invalidate the proceedings.
(2) Prior to the nomination of commission members, the
department of revenue shall provide the commission with a
list of all qualified producers within the state based upon tax
records of the department. [2001 c 314 § 5.]
(2010 Ed.)
Forest Products Commission
15.100.060 Vacancies—Compensation. (1) In the
event a position becomes vacant due to resignation, disqualification, death, or for any other reason, the position until the
next annual meeting shall be filled by vote of the remaining
members of the commission. At the annual meeting a commissioner shall be elected to fill the balance of the unexpired
term.
(2) Each member of the commission shall be compensated in accordance with RCW 43.03.230 and shall be reimbursed for actual travel expenses incurred in carrying out the
provisions of this chapter. Employees of the commission may
also be reimbursed for actual travel expenses when on official
commission business. [2001 c 314 § 6.]
15.100.060
15.100.070 Obligations of commission—Limitations
on liabilities or claims—State—Individual capacity. Obligations incurred by the commission and liabilities or claims
against the commission may be enforced only against the
assets of the commission in the same manner as if it were a
corporation and no liability for the debts or actions of the
commission exists against either the state of Washington or
any subdivision or instrumentality thereof or against any
member, officer, employee, or agent of the commission in his
or her individual capacity. The members of the commission,
including employees of the commission, may not be held
responsible individually or any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of
commission or omission, as principal, agent, person, or
employees, except for their own individual acts of dishonesty
or crime. A person or employee may not be held responsible
individually for any act or omission of any other members of
the commission. [2001 c 314 § 7.]
15.100.070
15.100.080 Powers and duties of commission. The
powers and duties of the commission include:
(1) To elect a chair and such officers as the commission
deems advisable. The commission shall adopt rules for its
own governance, which provide for the holding of an annual
meeting for the election of officers and transaction of other
business and for such other meetings as the commission may
direct;
(2) To adopt any rules necessary to carry out the purposes of this chapter, in conformance with chapter 34.05
RCW;
(3) To administer and do all things reasonably necessary
to carry out the purposes of this chapter;
(4) At the pleasure of the commission, to employ a treasurer who is responsible for all receipts and disbursements by
the commission and the faithful discharge of whose duties
shall be guaranteed by a bond at the sole expense of the commission;
(5) At the pleasure of the commission, to employ and
discharge managers, secretaries, agents, attorneys, and
employees and to engage the services of independent contractors as the commission deems necessary, to prescribe
their duties, and to fix their compensation;
(6) To engage directly or indirectly in the promotion of
Washington forest products and managed forests, and shall in
the good faith judgment of the commission be in aid of the
marketing, advertising, or sale of forest products, or of
15.100.080
(2010 Ed.)
15.100.090
research related to such marketing, advertising, or sale of forest products, or of research related to managed forests;
(7) To enforce the provisions of this chapter, including
investigating and prosecuting violations of this chapter;
(8) To acquire and transfer personal and real property,
establish offices, incur expense, and enter into contracts.
Contracts for creation and printing of promotional literature
are not subject to chapter 43.78 RCW, but such contracts may
be canceled by the commission unless performed under conditions of employment which substantially conform to the
laws of this state and the rules of the department of labor and
industries. The commission may create such debt and other
liabilities as may be reasonable for proper discharge of its
duties under this chapter;
(9) To maintain such account or accounts with one or
more qualified public depositaries as the commission may
direct, to cause moneys to be deposited therein, and to expend
moneys for purposes authorized by this chapter by drafts
made by the commission upon such institutions or by other
means;
(10) To cause to be kept and annually closed, in accordance with generally accepted accounting principles, accurate records of all receipts, disbursements, and other financial
transactions, available for audit by the state auditor;
(11) To create and maintain a list of producers and to disseminate information among and solicit the opinions of producers with respect to the discharge of the duties of the commission, directly or by arrangement with trade associations or
other instrumentalities;
(12) To employ, designate as agent, act in concert with,
and enter into contracts with any person, council, commission, or other entity for the purpose of promoting the general
welfare of the forest products industry and particularly for the
purpose of assisting in the sale and distribution of Washington forest products in domestic and foreign commerce,
expending moneys as it may deem necessary or advisable for
such purpose and for the purpose of paying its proportionate
share of the cost of any program providing direct or indirect
assistance to the sale and distribution of Washington forest
products in domestic or foreign commerce, and employing
and paying for vendors of professional services of all kinds;
(13) To sue and be sued as a commission, without individual liability for acts of the commission within the scope of
the powers conferred upon it by this chapter;
(14) To propose assessment levels for producers subject
to referendum approval under RCW 15.100.110; and
(15) To participate in federal and state agency hearings,
meetings, and other proceedings relating to the regulation,
production, manufacture, distribution, sale, or use of forest
products. [2010 c 8 § 6115; 2001 c 314 § 8.]
15.100.090
15.100.090 Research, promotional, and educational
campaigns. The commission shall create, provide for, and
conduct a research, promotional, and educational campaign
as sales and market conditions reasonably require. It shall
investigate and ascertain the needs of producers, conditions
of markets, and degree of public awareness of products, and
take into account the information obtained in the discharge of
its duties under this chapter. [2001 c 314 § 9.]
[Title 15 RCW—page 185]
15.100.100
Title 15 RCW: Agriculture and Marketing
15.100.100 List of all Washington producers—Confidential—Reporting system for assessment purposes. (1)
The commission shall cause a list to be prepared of all Washington producers of forest products from any information
available from the commission, producers’ association, or
producers, including tax records from the department of revenue. This list shall contain the names and addresses of all
persons who produce forest products within this state, the
amount of forest products produced during the period designated by the commission, and the assessment amount for
each member. The list is considered confidential and may be
reviewed only by the employees of the commission, except
for information that may be disclosed to the public and commission members under subsection (4) of this section. A
qualified person may, at any time, have his or her name
placed upon the list by delivering or mailing the information
to the commission. This list shall be corrected and brought up
to date in accordance with evidence and information available to the commission on or before December 31st of each
year, or as soon thereafter as possible. For all purposes of giving notice and holding referendums, the list on hand, corrected up to the day next preceding the date for issuing
notices or ballots as the case may be, is, for purposes of this
chapter, the list of all producers entitled to notice or to assent
or dissent or to vote.
(2) The commission shall develop a reporting system to
document that the producers of forest products in this state
are reporting quantities of forest products produced and subject to the assessment as provided in RCW 15.100.110.
(3) The department of revenue may charge the commission for the reasonable costs of providing reports of harvest
activity on a quarterly basis.
(4) Any taxpayer information received by the commission from the department of revenue may only be used for the
limited purposes of establishing lists of producers necessary
to determine eligibility for voting, eligibility for serving as a
commission member, the amount of assessments owed, or
other necessary purposes as established by law. Any return or
tax information received from the department of revenue may
be reviewed only by the employees of the commission.
Employees may disclose to the public and commission members a list of commission members, groupings of at least three
commission members by the amount of forest products harvested over any time period designated by the commission of
at least one quarter, and the members who are eligible for the
various positions on the commission. [2001 c 314 § 10.]
15.100.100
15.100.110 Assessment for permanent funding of
commission—Adjustments—Referendum. (1) To provide
for permanent funding of the forest products commission, an
assessment shall be levied by the commission on producers
of each species of forest products. The initial rate of assessment that shall be submitted for approval by referendum pursuant to RCW 15.100.120 is fifty-seven cents per thousand
board feet. The initial assessment is not effective until
approved by a majority of producers as required by RCW
15.100.120.
(2) After the initial assessment rate is approved, the commission may adjust the amount of the assessment within a
range of forty-five cents up to ninety cents per thousand
board feet. The commission shall submit any proposed
15.100.110
[Title 15 RCW—page 186]
increase in the assessment to producers pursuant to the referendum process established in this section, and shall supply all
known producers with a ballot for the referendum. The commission shall establish the assessment for the marketing year
by January 1st of each year, or as soon thereafter as possible.
Assessments may only be used for the purposes and objects
of this chapter.
(3) The forest products commission may raise the assessment on forest products in excess of the fiscal growth factor
under chapter 43.135 RCW. The assessment limits established by this section are solely to provide prior legislative
authority for the purposes of RCW 43.135.055 and are not a
limit on the authority of the forest products commission to
alter assessments in any manner not limited by RCW
43.135.055. However, any alteration in assessments made
under this section must be made with the procedural requirements established by this chapter for altering such assessments.
(4) The requirement for approval of an assessment is met
if: (a) At least fifty-one percent by numbers of producers
replying in the referendum vote affirmatively, and these producers represent at least sixty-one percent of the volume of
the producers replying in the referendum; or (b) sixty-five
percent by numbers of producers replying in the referendum
vote affirmatively, and these producers represent at least
fifty-one percent of the volume of the producers replying in
the referendum. An assessment shall only be approved if at
least forty percent of the eligible producers participate in the
vote. [2001 c 314 § 11.]
15.100.120 Establishment of commission and initial
assessment—Statewide referendum among producers.
(1) For purposes of determining producer participation in the
commission, the initial election of commissioners, and for
imposition of the original assessment specified in RCW
15.100.110, the director shall conduct a referendum among
all producers of forest products within the state.
(2) The requirement for approval of the assessment and
creation of the commission is met if: (a) At least fifty-one
percent by numbers of producers replying in the referendum
vote affirmatively, and these producers represent at least
sixty-one percent of the volume of the producers replying in
the referendum; or (b) sixty-five percent by numbers of producers replying in the referendum vote affirmatively, and
these producers represent at least fifty-one percent of the volume of the producers replying in the referendum. The referendum shall only be approved if at least forty percent of the
eligible producers participate in the vote.
(3) If the director determines that the requisite approval
has been given, the director shall declare the establishment of
the commission and direct it to put into force the assessment
authorized in RCW 15.100.110. If the director finds that the
requisite approval has not been given, then this chapter is not
operative. [2001 c 314 § 12.]
15.100.120
15.100.130 Deposit of moneys collected—Appropriation not required. The commission shall deposit moneys
collected under RCW 15.100.110 in a separate account in the
name of the commission in any bank that is a state depositary.
All expenditures and disbursements made from this account
15.100.130
(2010 Ed.)
From the Heart of Washington Program
under this chapter may be made without the necessity of a
specific legislative appropriation. RCW 43.01.050 does not
apply to this account or to the moneys received, collected, or
expended under this chapter. [2001 c 314 § 13.]
15.100.140 Assessment—Personal debt—Payable
when called—Failure to pay—Civil action. A due and
payable assessment levied in the amount determined by the
commission under RCW 15.100.110 constitutes a personal
debt of every person so assessed, or who otherwise owes the
assessment, and the assessment is due and payable to the
commission when payment is called for by the commission.
If a person fails to pay the commission the full amount of the
assessment by the date due, the commission may add to the
unpaid assessment an amount not exceeding ten percent of
the assessment to defray the cost of enforcing its collection. If
the person fails to pay any due and payable assessment or
other such sum, the commission may bring a civil action for
collection against the person or persons in a court of competent jurisdiction. The action shall be tried and judgment rendered as in any other cause of action for a debt due and payable. [2001 c 314 § 14.]
15.100.140
15.100.150 Enforcement of chapter. All county and
state law enforcement officers shall assist in the enforcement
of this chapter. [2001 c 314 § 15.]
15.100.150
15.100.160 Superior courts—Jurisdiction. The superior courts are hereby vested with jurisdiction to enforce this
chapter and the rules of the commission, and to prevent and
restrain violations thereof. [2001 c 314 § 16.]
15.100.160
15.100.900 Construction. This chapter shall be liberally construed to effectuate its purposes. [2001 c 314 § 17.]
15.100.900
15.100.901 Severability—2001 c 314. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2001 c 314 § 22.]
15.100.901
Chapter 15.105 RCW
FROM THE HEART OF WASHINGTON PROGRAM
Chapter 15.105
Sections
15.105.005
15.105.010
15.105.020
15.105.030
15.105.040
15.105.050
15.105.060
15.105.900
15.105.901
Findings.
Definitions.
Establishing a private, nonprofit corporation—Duties of successor organization—Debts and other liabilities.
Actions by department to establish a successor organization.
Board of directors of the successor organization—State membership.
Program logo.
Gifts, grants, or endowments.
Severability—2004 c 26.
Effective date—2004 c 26.
15.105.005 Findings. The legislature finds that the support of Washington’s agriculture industry and its family
farms by the citizens of the state of Washington is beneficial
to the economy of the state. The legislature also finds that
15.105.005
(2010 Ed.)
15.105.020
Washington farmers produce a variety of wholesome, quality
products and are good stewards of the land.
The legislature also finds that the from the heart of
Washington program, developed by the Washington state
department of agriculture with one-time federal grant moneys, is a valuable tool to convey important messages about
Washington agriculture and to encourage Washington citizens to buy Washington-grown and Washington-processed
food and agricultural products. With the exhaustion of the
one-time federal grant funding, the legislature finds that the
program would benefit from a new governance structure that
will allow the necessary operational flexibility to enable the
program to expand and to encourage private investment in
the program, and that the continuance of the program as a private, nonprofit corporation is the best method to achieve
these goals.
The legislature further finds that the continuation of the
from the heart of Washington program will provide both
direct and indirect economic benefits to the people of the
state of Washington. [2004 c 26 § 1.]
15.105.010
15.105.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "From the heart of Washington" or "program" means
that program created by the department to encourage Washington citizens to purchase Washington food and agricultural
products and to promote the value of agriculture and family
farms to Washington state.
(2) "Successor organization" means a private, nonprofit
corporation created specifically to assume responsibility for
carrying out the from the heart of Washington program that is
now part of the department. The private, nonprofit corporation must qualify as a tax-exempt, nonprofit corporation
under section 501(c) of the federal internal revenue code; the
majority of members on its board of directors must be from
Washington commodity commissions, nonprofit associations
organized for the promotion of Washington agricultural products, and other agricultural industry groups; and the corporation must carry forward with the work of the current program.
(3) "Department" means the Washington state department of agriculture.
(4) "Director" means the director of the Washington state
department of agriculture.
(5) "Fiscal agent" means the Washington state fruit commission, as a contractor of the department. [2004 c 26 § 2.]
15.105.020
15.105.020 Establishing a private, nonprofit corporation—Duties of successor organization—Debts and
other liabilities. (1) The department may cooperate with
other agencies, boards, commissions, and associations in the
state of Washington to establish a private, nonprofit corporation for the purpose of carrying out the program. The nonprofit corporation must be organized under chapter 24.03
RCW and has the powers granted under that chapter. However, this chapter does not prohibit the department or other
agencies, boards, commissions, and associations from separately continuing to promote Washington products under
their existing authorities.
[Title 15 RCW—page 187]
15.105.030
Title 15 RCW: Agriculture and Marketing
(2) The department may contract with the successor
organization to carry out the program. The contract must
require the successor organization to aggressively seek to
fund its continued operation from nonstate funding sources.
(3) The successor organization must report to the department each January 1st on the amounts it has secured from
both nonstate and state funding sources, its operations, and its
programs.
(4) Debts and other liabilities of the successor organization are successor organization debts and liabilities only and
may be satisfied only from the resources of the successor
organization. The state of Washington is not liable for the
debts or liabilities of the successor organization. [2004 c 26
§ 3.]
15.105.060 Gifts, grants, or endowments. The department may receive gifts, grants, or endowments from private
or public sources that are made from time to time, in trust or
otherwise, for the use and benefit of the purposes of the program. The department may spend or contract with the successor organization to spend the gifts, grants, or endowments
or income from the private or public sources according to
their terms. [2004 c 26 § 7.]
15.105.030 Actions by department to establish a successor organization. In order to accomplish the establishment of a successor organization, the department and its fiscal agent may take all necessary and proper steps, including:
(1) Transferring any equipment, software, database,
other assets except the logo of the program, or contracts for
services to the successor organization under appropriate
terms and conditions, including reasonable compensation
deemed appropriate by the department. The department shall
retain the right to repossess any property transferred to the
successor organization in the event that the successor organization dissolves, becomes bankrupt, insolvent, or is otherwise unable to carry out the program, or if the successor organization fails to comply with any contract with the department. In the event that the department exercises its right to
repossess under this section, any property returned to the
department becomes the property of the state and is administered by the department;
(2) Unless otherwise provided by agreement, assigning
any contracts and other duties and responsibilities to the successor organization related to the program; and
(3) Providing necessary support services to the successor
organization under contract for up to a two-year period after
the effective date of a contract between a successor organization and the department for the delivery of program services.
The successor organization shall provide full reimbursement
for all costs of services contracted for under this subsection.
[2004 c 26 § 4.]
15.105.901 Effective date—2004 c 26. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[March 19, 2004]. [2004 c 26 § 10.]
15.105.030
15.105.040 Board of directors of the successor organization—State membership. (1) The department shall
designate one or more persons to serve in the capacity of a
member of the board of directors of the successor organization. The state is not liable under any circumstances for the
acts of the successor organization, any member of its board of
directors, or its employees.
(2) The department may pay an annual membership fee
to the successor organization not to exceed the value of services received. [2004 c 26 § 5.]
15.105.040
15.105.050 Program logo. The logo of the program is
the property of the department. The department may license
the use of the logo to the successor organization and others,
as it deems appropriate. The department retains the right to
cancel any license to use the logo. [2004 c 26 § 6.]
15.105.050
[Title 15 RCW—page 188]
15.105.060
15.105.900 Severability—2004 c 26. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2004 c 26 § 8.]
15.105.900
15.105.901
Chapter 15.115
Chapter 15.115 RCW
WASHINGTON GRAIN COMMISSION
Sections
15.115.010
15.115.020
15.115.030
15.115.040
15.115.050
15.115.060
15.115.070
15.115.080
15.115.090
15.115.100
15.115.110
15.115.120
15.115.130
15.115.140
15.115.150
15.115.160
15.115.170
15.115.180
15.115.190
15.115.200
15.115.210
15.115.220
15.115.230
15.115.240
15.115.250
15.115.260
15.115.270
15.115.280
15.115.290
15.115.300
15.115.310
15.115.900
Legislative declaration.
Regulations and restraints applicable to the wheat and barley
industries.
Definitions.
Washington grain commission—Created—Members—Term
of office.
Initial appointments to the Washington grain commission—
Expiration of interim terms.
Producer members of the commission—Appointment—Nomination—Advisory ballot and advisory vote.
Industry representative member of the commission—Appointment.
Vacancy on the commission.
Removal of a commission member.
Membership in associations with similar objectives—Contracting with such associations.
Meetings—Proposed budget—Notice—Voting requirements.
Quorum requirements—Compensation—Travel expenses.
Transfer of powers, duties, assets, etc., to the Washington
grain commission.
Powers and duties.
Director’s duties.
Rule-making proceedings.
Liquor produced from wheat or barley.
Promotional printing and literature—Contracts.
Handling, accounting, and disbursement of moneys.
Bond requirements.
Limitation of liability.
Copies of proceedings, records, and acts of the commission
admissible in court as prima facie evidence of the truth of the
statements contained therein.
Application of RCW 42.56.380—Use of commercial information and records.
Commission shall reimburse department for certain costs—
Funding of staff support.
Preparation of lists of producers and handlers of wheat and
barley.
Annual assessments—Adjustments—Referendum—Temporary reduction—Limit on annual assessment.
Collection of assessment—Failure to pay assessment—Civil
action—Venue.
Use of moneys received by the commission under this chapter.
Investment of funds of the commission.
Proof of eligibility to vote or hold a position on the commission—Records—Inspection by commission—Confidentiality of information—Limitation of section.
Penalties—Injunctions—Referring a violation to the county
prosecutor—Jurisdiction.
Severability—2009 c 33.
(2010 Ed.)
Washington Grain Commission
15.115.010 Legislative declaration. The history, economy, culture, and the future of Washington state to a large
degree all involve agriculture. In order to develop and promote Washington’s agricultural products as part of the existing comprehensive scheme to regulate agricultural commodities, the legislature declares:
(1) That the marketing of wheat and barley produced in
Washington is in the public interest. It is vital to the continued economic well-being of the citizens of this state and their
general welfare that wheat and barley produced in Washington are properly promoted by:
(a) Enabling wheat producers and barley producers to
help themselves in establishing orderly, fair, sound, efficient,
and unhampered marketing, grading, and standardizing of the
grains they produce; and
(b) Working towards stabilizing the agricultural industries by increasing consumption of wheat and barley within
the state, the nation, and internationally;
(2) That the wheat and barley industries operate within a
regulatory environment that imposes burdens on them for the
benefit of society and the citizens of the state and that
includes restrictions on marketing autonomy. Those restrictions may impair the agricultural producer’s ability to compete in local, domestic, and foreign markets;
(3) That it is in the overriding public interest that support
for the wheat and barley industries be clearly expressed, that
adequate protection be given to the industries and their activities and operations, and that wheat and barley be promoted
individually and as part of a comprehensive agricultural
industry to:
(a) Enhance the reputation and image of Washington
state’s wheat and barley;
(b) Increase the sale and use of Washington state’s wheat
and barley in local, domestic, and foreign markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production
of Washington state’s wheat and barley;
(d) Increase the knowledge of the health-giving qualities
and dietetic value of Washington state’s wheat and barley
and wheat and barley products;
(e) Support and engage in programs or activities that
benefit the planting, production, harvesting, handling, processing, marketing, and uses of wheat and barley produced in
Washington state;
(4) That the commission is established primarily for the
benefit of the people of the state of Washington and its economy. By enacting this chapter, the legislature hereby charges
the commission, with oversight by the director, to speak on
behalf of the Washington state government with regard to
wheat and barley production in Washington and issues
related to the wheat and barley industry in Washington; and
(5) That this chapter is enacted in the exercise of the
police powers of this state for the purposes of protecting the
health, peace, safety, and general welfare of the people of this
state. [2009 c 33 § 1.]
15.115.010
15.115.020 Regulations and restraints applicable to
the wheat and barley industries. The wheat and barley
industries are highly regulated industries, and this chapter
and the rules adopted under it are only one aspect of the reg15.115.020
(2010 Ed.)
15.115.030
ulation of those industries. Other regulations and restraints
applicable to the wheat and barley industries include:
(1) Chapter 15.04 RCW, Washington agriculture general
provisions;
(2) Chapter 15.08 RCW, horticultural pests and diseases;
(3) Chapter 15.14 RCW, planting stock;
(4) Chapter 15.49 RCW, seeds;
(5) Chapter 15.54 RCW, fertilizers, minerals, and limes;
(6) Chapter 15.58 RCW, Washington pesticide control
act;
(7) Chapter 15.64 RCW, farm marketing;
(8) Chapter 15.83 RCW, agricultural marketing and fair
practices;
(9) Chapter 15.86 RCW, *organic food products;
(10) Chapter 15.92 RCW, center for sustaining agriculture and natural resources;
(11) Chapter 17.24 RCW, insect pests and plant diseases;
(12) Chapter 19.94 RCW, weights and measures;
(13) Chapter 20.01 RCW, agricultural products—commission merchants, dealers, brokers, buyers, agents;
(14) Chapter 22.09 RCW, agricultural commodities;
(15) Chapter 43.23 RCW, department of agriculture;
(16) Chapter 69.04 RCW, food, drugs, cosmetics, and
poisons including provisions of Title 21 U.S.C. relating to the
general manufacturing practices, food labeling, food standards, food additives, and pesticide tolerances;
(17) Chapter 70.94 RCW, Washington clean air act, agricultural burning;
(18) 7 U.S.C., Sec. 136, federal insecticide, fungicide,
and rodenticide act; and
(19) 7 U.S.C., Sec. 1621, agricultural marketing act.
[2009 c 33 § 2.]
*Reviser’s note: The term "organic food products" was changed to
"organic products" by 2010 c 109 § 2.
15.115.030 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Affected area" means the following counties located
in the state of Washington: Adams, Asotin, Benton, Chelan,
Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas,
Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane,
Stevens, Walla Walla, Whitman, and Yakima.
(2) "Affected producer" means any producer who is subject to this chapter.
(3) "Assessment" means the monetary amount established by the commission in accordance with this chapter.
(4) "Commercial channels" means the sale of wheat or
barley for use as food, feed, seed, or any industrial or chemurgic use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who
resells any wheat or barley or product produced from wheat
or barley.
(5) "Commercial quantities" means five hundred or more
bushels of wheat or twenty tons of barley produced for market in any calendar year by any producer.
(6) "Commission" means the Washington grain commission.
(7) "Department" means the department of agriculture of
the state of Washington.
15.115.030
[Title 15 RCW—page 189]
15.115.040
Title 15 RCW: Agriculture and Marketing
(8) "Director" means the director of agriculture of the
state of Washington or any qualified person or persons designated by the director of agriculture to act concerning some
matter under this chapter.
(9) "Grain" or "grains" means wheat and barley and
includes all kinds and varieties of wheat and barley grown in
the state of Washington.
(10) "Handler" means any person who acts, either as
principal, agent, or otherwise, in the processing, selling, marketing, or distributing of wheat or barley that is not produced
by the handler. "Handler" does not include a common carrier
used to transport an agricultural commodity. "To handle"
means to act as a handler.
(11) "Hosting" may include providing meals, refreshments, lodging, transportation, gifts of a nominal value, reasonable and customary entertainment, and normal incidental
expenses at meetings or gatherings.
(12) "Mail" or "send," for purposes of any notice relating
to rule making, referenda, or elections, means regular mail or
electronic distribution, as provided in RCW 34.05.260 for
rule making. "Electronic distribution" or "electronically"
means distribution by electronic mail or facsimile mail.
(13) "Marketing year" means the twelve-month period
beginning June 1st of any year and ending on May 31st of the
subsequent year. "Fiscal year" means the twelve-month
period beginning July 1st of any year and ending on June
30th of the subsequent year.
(14) "Percent by numbers" means the percent of those
persons on the list of affected parties or affected producers.
(15) "Person" includes any individual, firm, corporation,
limited liability company, trust, association, partnership,
society, or any other organization of individuals, or any unit
or agency of local or state government.
(16) "Producer" means any person who is engaged in the
business of producing or causing to be produced for market,
in commercial quantities, wheat or barley grown in the designated affected area of the state of Washington, and who has
been so engaged in at least one of the past three years. "Producer" includes a person who contracts to produce or grow
wheat or barley on behalf of a person who retains title to the
seed and its resulting agricultural product or the agricultural
product delivered for further production or increase. "To produce" means to act as a producer.
(17) "Promotional hosting" means the hosting of individuals and groups of individuals at meetings, meals, and gatherings for the purpose of cultivating trade relations and promoting sales of wheat or barley or processed wheat or barley
products.
(18) "Referendum" means a vote by the affected parties
or affected producers which is conducted by secret ballot.
(19) "Rule-making proceedings" means rule making
under chapter 34.05 RCW.
(20) "Vacancy" means that a commission member leaves
or is removed from a position on the commission prior to the
end of a term, or a nomination process for the beginning of a
term concludes with no candidates for a position. [2009 c 33
§ 3.]
15.115.040 Washington grain commission—Created—Members—Term of office. (1) There is hereby created the Washington grain commission. The commission is
15.115.040
[Title 15 RCW—page 190]
composed of five wheat producer members, two barley producer members, two members representing the wheat industry, one member representing the barley industry, and the
director or his or her appointee. All members, including the
director or his or her appointee, are full voting members of
the commission.
(2)(a) Each wheat producer member of the commission
must be a resident of Washington state, over the age of eighteen years at the time of appointment, and a producer of
wheat in the district in and for which he or she is nominated
and appointed. A wheat producer member must continue to
satisfy these qualifications during his or her term of office.
(b) For the nomination and appointment of wheat producer members, the affected area is divided into districts as
follows:
(i) District I: Ferry, Lincoln, Pend Oreille, Spokane, and
Stevens counties;
(ii) District II: Whitman county;
(iii) District III: Asotin, Columbia, Garfield, and Walla
Walla counties;
(iv) District IV: Adams, Chelan, Douglas, Grant, and
Okanogan counties; and
(v) District V: Benton, Franklin, Kittitas, Klickitat, and
Yakima counties.
(c) The wheat producers in each district are entitled to
elect one wheat producer member of the commission.
(3)(a) Each barley producer member of the commission
must be a resident of Washington state, over the age of eighteen years at the time of appointment, and a producer of barley in the district in and for which he or she is nominated and
appointed. A barley producer member must continue to satisfy these qualifications during his or her term of office.
(b) For the nomination and appointment of barley producer members, the affected area is divided into districts as
follows:
(i) District VI: Asotin, Benton, Columbia, Franklin,
Garfield, Klickitat, Walla Walla, Whitman, and Yakima
counties; and
(ii) District VII: Adams, Chelan, Douglas, Ferry, Grant,
Kittitas, Lincoln, Okanogan, Pend Oreille, Spokane, and
Stevens counties.
(c) The barley producers in each district are entitled to
elect one barley producer member of the commission.
(4) An industry member of the commission need not be a
resident of Washington state, but must be involved with the
handling, marketing, transportation, processing of, or
research regarding wheat or barley produced in Washington
state. An industry representative member must continue to
satisfy these qualifications during his or her term of office.
(5)(a) The regular term of office of each producer member of the commission is three years from January 1st following his or her first appointment by the director and continues
until a successor is appointed. The term of office for producer positions representing districts I, IV, and VII is from
January 1, 2011, to December 31, 2014, and for three-year
terms thereafter. The term of office for producer positions
representing districts II, III, V, and VI is from January 1,
2012, to December 31, 2015, and for three-year terms thereafter.
(b) The regular term of office of each industry representative member of the commission is three years from January
(2010 Ed.)
Washington Grain Commission
1st following his or her appointment by the director and until
a successor is appointed. The term of office for the barley
industry representative position is from January 1, 2011, to
December 31, 2014, and for three-year terms thereafter. The
term of office for the wheat industry representative (position
1) is from January 1, 2011, to December 31, 2014, and for
three-year terms thereafter. The term of office for the wheat
industry representative (position 2) is from January 1, 2012,
to December 31, 2015, and for three-year terms thereafter.
(c) The director, or his or her appointee, is a permanent
member of the commission. [2009 c 33 § 4.]
15.115.050 Initial appointments to the Washington
grain commission—Expiration of interim terms. (1) The
Washington grain commission replaces the Washington
wheat commission and the Washington barley commission.
To accomplish this transition, the initial appointments to the
Washington grain commission are as follows:
(a) Within thirty days of July 26, 2009, the Washington
wheat commission shall forward to the director the names of
the currently appointed wheat producer members who shall
be appointed to the interim terms specified in subsection (2)
of this section. Thereafter, wheat producer members are
nominated and appointed under RCW 15.115.060 and
15.115.080.
(b) Within thirty days of July 26, 2009, the Washington
barley commission shall forward to the director the names of
two currently appointed producer members, one who resides
in and is a barley producer in district VI and one who resides
in and is a barley producer in district VII who shall be
appointed to the interim terms specified in subsection (2) of
this section. Thereafter, barley producer members are nominated and appointed under RCW 15.115.060 and 15.115.080.
(c) Within thirty days of July 26, 2009, the Washington
wheat commission shall forward to the director the names of
the currently appointed wheat industry representative members who shall be appointed to the interim terms specified in
subsection (3) of this section. Thereafter the director shall
appoint wheat industry representative members under RCW
15.115.070 and 15.115.080.
(d) Within thirty days of July 26, 2009, the Washington
barley commission shall forward to the director the name of
one of the currently appointed barley industry representative
members who shall be appointed to the interim term specified
in subsection (3) of this section. Thereafter the director shall
appoint the barley industry representative member under
RCW 15.115.070 and 15.115.080.
(2) Interim terms for producer members expire as follows:
(a) Districts I, IV, and VII: December 31, 2010; and
(b) Districts II, III, V, and VI: December 31, 2011.
(3) Interim terms for industry representative members
expire as follows:
(a) Barley industry representative: December 31, 2010;
(b) Wheat industry representative (position 1): December 31, 2010; and
(c) Wheat industry representative (position 2): December 31, 2011.
(4) The initial appointments under this section must be
made within sixty days of July 26, 2009. [2009 c 33 § 5.]
15.115.050
(2010 Ed.)
15.115.060
15.115.060 Producer members of the commission—
Appointment—Nomination—Advisory ballot and advisory vote. (1) The director shall appoint the producer members of the commission.
(2) Candidates for producer positions on the commission
must be nominated to the director in accordance with this section.
(3)(a) The director shall mail nominating petitions for
producer members not earlier than September 17th and not
later than October 2nd in each district in which an open producer position will occur at the end of the year. Each nominating petition must be signed by the candidate and by at least
five affected producers of the district from which the nominated candidate would be appointed.
(b) Signed nominating petitions must be filed with the
director. A nominating petition is filed when it is postmarked
by the deadline.
(c) The director shall determine the final date for filing
nominating petitions and shall display that final date on the
face of each nominating petition mailed under this subsection. The final date may not be earlier than October 8th and
not later than October 13th in each district in which an open
producer position will occur at the end of the year.
(4)(a) The director shall prepare an advisory ballot for
each district in which an open producer position will occur.
All candidates from a district who have been nominated as a
producer member in accordance with subsection (3) of this
section shall have their names placed on the advisory ballot
for that district.
(b) The director shall mail advisory ballots to all affected
producers in each district in which an open producer position
will occur. Advisory ballots must be mailed not earlier than
October 18th and not later than November 2nd in each district
in which an open producer position will occur at the end of
the year.
(c) Only those completed advisory ballots may be
counted that are sent to the director and postmarked not later
than November 25th in each district in which an open producer position will occur at the end of the year. Each advisory ballot must display the following language on its face:
"Each completed advisory ballot must be postmarked not
later than November 25, [insert year] to be counted."
(d) Each affected producer is entitled to one vote.
(e) The advisory vote must be conducted in a manner so
that it is a secret ballot.
(5)(a) If two or more candidates for a position are named
in valid petitions, an advisory vote must be held. If only one
candidate for a position is named in valid petitions, an advisory vote need not be held, and the director may appoint that
candidate or request an additional candidate from the commission for appointment consideration. If a candidate for a
position is not named in any valid petition, the commission
shall submit a candidate for the director’s appointment consideration. Not more than one commission member may be
part of the same person under this chapter.
(b) The director may request of any candidate whose
name is forwarded to the director for potential appointment
that the candidate submit a letter stating why he or she wishes
to be appointed to the commission.
(c) If two or more candidates receive votes in an advisory vote, the director may select either of the two candidates
15.115.060
[Title 15 RCW—page 191]
15.115.070
Title 15 RCW: Agriculture and Marketing
receiving the most votes for the position or may reject both
candidates and request a new advisory vote with nominees
selected by the commission and, if desired, by the director. If
no candidate has been nominated in a petition under subsection (3) of this section, the director shall make an appointment to the position as provided in RCW 15.115.080.
(6) Except for good cause shown, appointments under
this section must be made no later than fifteen days before the
commencement of the term of office of the position for which
the appointment is made. [2009 c 33 § 6.]
15.115.070 Industry representative member of the
commission—Appointment. (1) The director shall appoint
the industry representative members of the commission.
(2) Not later than November 1st preceding the expiration
of an industry representative member’s term of office, the
commission shall, by majority vote of a quorum of the commission, select a qualified candidate for the industry representative position and forward the name of the candidate to
the director.
(3) The director may select the candidate for the position
or may reject the candidate and request that the commission
forward the name of an additional candidate for appointment
consideration by the director.
(4) Except for good cause shown, appointments under
this section must be made no later than fifteen days before the
commencement of the term of office of the position for which
the appointment is made. [2009 c 33 § 7.]
15.115.070
15.115.080 Vacancy on the commission. In the event
of a vacancy on the commission, the remaining members
shall recommend to the director the name of a person qualified for appointment to the vacant position. The director may
appoint that person for the position or may reject the candidate and request that the commission forward the name of an
additional candidate for appointment consideration by the
director. [2009 c 33 § 8.]
15.115.080
15.115.090 Removal of a commission member. If a
commission member fails or refuses to perform his or her
duties due to excessive absence or abandonment of his or her
position or engages in any acts of dishonesty or willful misconduct, a majority of a quorum of the commission may recommend in writing to the director that the commission member be removed from his or her position on the commission.
Upon receiving this recommendation, the director shall
review the matter, including any statement from the commission member who is the subject of the recommendation, and
determine whether adequate cause for removal is present. If
the director finds that adequate cause for removal exists, the
director shall remove the member from his or her commission position. The position is then vacant and must be filled
as set forth in this chapter. [2009 c 33 § 9.]
15.115.090
15.115.100 Membership in associations with similar
objectives—Contracting with such associations. (1) Any
member of the commission also may be a member or officer
of an association which has similar objectives for which the
agricultural commission was formed.
15.115.100
[Title 15 RCW—page 192]
(2) An agricultural commission also may contract with
such an association for services necessary to carry out any
purposes authorized under this chapter, provided that an
appropriate contract has been entered into, and provided that
any members with potential conflicts of interest comply with
applicable provisions in chapter 42.52 RCW. [2009 c 33 §
10.]
15.115.110 Meetings—Proposed budget—Notice—
Voting requirements. (1) The commission shall hold regular meetings, at least quarterly, with the time, date, and place
to be determined prior to the new calendar year and published
in the state register as required in RCW 42.30.075.
(2) The commission may call special meetings as provided for in RCW 42.30.080.
(3) The commission shall hold an annual meeting. The
proposed budget must be presented for discussion at the
meeting. Notice of the annual meeting must be given by the
commission at least ten days prior to the meeting through the
regular news media.
(4) Any action taken by the commission requires the
majority vote of the members present, provided a quorum is
present.
(5) All commission meetings are open and public and
must be conducted in accordance with chapter 42.30 RCW.
[2009 c 33 § 11.]
15.115.110
15.115.120 Quorum requirements—Compensation—Travel expenses. (1) A majority of the voting members constitute a quorum for the transaction of all business
and for carrying out the duties of the commission.
(2) A member of the commission shall not receive any
salary or other compensation from the commission, except
that each member of the commission is compensated in
accordance with RCW 43.03.230 for each day spent in actual
attendance at or traveling to and from meetings of the commission or on special assignments for the commission,
together with subsistence, lodging, and travel expenses
allowed by RCW 43.03.050 and 43.03.060. Employees of
the commission also may be reimbursed subsistence, lodging,
and travel expenses allowed by RCW 43.03.050 and
43.03.060 when on official commission business. [2009 c 33
§ 12.]
15.115.120
15.115.130 Transfer of powers, duties, assets, etc., to
the Washington grain commission. (1) The Washington
grain commission is the successor in interest to the Washington wheat commission and the Washington barley commission and is vested with all powers and duties transferred to it
under this chapter and other such powers and duties as may
be authorized by law.
(2) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the
Washington wheat commission or Washington barley commission must be delivered to the custody of the Washington
grain commission. All cabinets, furniture, office equipment,
motor vehicles, and other tangible property owned or
employed by the Washington wheat commission or Washington barley commission must be delivered to the Washington
grain commission. The Washington grain commission shall
15.115.130
(2010 Ed.)
Washington Grain Commission
ensure the timely transfers of all legal titles, registrations, and
licenses made necessary by this subsection. All funds,
accounts, investments, credits, or other assets held by the
Washington wheat commission or Washington barley commission must be transferred or assigned to the Washington
grain commission. All debts, liabilities, and obligations
owed by the Washington wheat commission or Washington
barley commission must be transferred or assigned to the
Washington grain commission.
(3) All employees of the Washington wheat commission
or Washington barley commission are transferred to the
Washington grain commission.
(4) Beginning with the final initial appointment made
under RCW 15.115.050, the interim commissioners shall
submit timely reports to the director summarizing the
progress made in completing the actions required under this
section and any other actions necessary to complete the transition provided for in this chapter.
(5) When the interim commissioners have completed the
actions required under this section and any other actions necessary to complete the transition provided for in this chapter,
they shall so certify in writing to the director. The Washington wheat commission and Washington barley commission
cease to exist as of the date that certification is received by
the director. Once the director has received the certification,
the director is authorized and shall take action to repeal the
marketing orders addressing wheat or barley.
(6) All actions required under this section must be completed by the interim commissioners no later than one hundred twenty days after the final initial appointment is made
under RCW 15.115.050.
(7) RCW 15.66.157 and 15.66.160 do not apply to the
Washington wheat commission and the Washington barley
commission. [2009 c 33 § 13.]
15.115.140 Powers and duties. (1) The commission is
an agency of the Washington state government subject to
oversight by the director. In exercising its powers and duties,
the commission shall carry out the following purposes:
(a) To establish plans and conduct programs for advertising and sales promotion, to maintain present markets, or to
create new or larger markets for wheat and barley grown in
Washington;
(b) To engage in cooperative efforts in the domestic or
foreign marketing of wheat and barley grown in Washington;
(c) To provide for carrying on research studies to find
more efficient methods of production, irrigation, processing,
transportation, handling, and marketing of wheat and barley
grown in Washington;
(d) To adopt rules to provide for improving standards
and grades by defining, establishing, and providing labeling
requirements with respect to wheat and barely grown in
Washington;
(e) To investigate and take necessary action to prevent
unfair trade practices relating to wheat and barley grown in
Washington;
(f) To provide information or communicate on matters
pertaining to the production, irrigation, processing, transportation, marketing, or uses of wheat and barley grown in
Washington to any elected official or officer or employee of
any agency;
15.115.140
(2010 Ed.)
15.115.140
(g) To provide marketing information and services for
producers of wheat and barley in Washington;
(h) To provide information and services for meeting
resource conservation objectives of producers of wheat and
barley in Washington;
(i) To provide for education and training related to wheat
and barley grown in Washington; and
(j) To assist and cooperate with the department or any
local, state, or federal government agency in the investigation
and control of exotic pests and diseases that could damage or
affect the production or trade of wheat and barley grown in
Washington.
(2) The commission has the following powers and
duties:
(a) To collect the assessments of producers as provided
in this chapter and to expend the same in accordance with this
chapter;
(b) To maintain a list of the names and addresses of
affected producers that may be compiled from information
used to collect assessments authorized under this chapter and
data on the value of each producer’s production for a minimum three-year period;
(c) To maintain a list of the names and addresses of persons who handle wheat or barley within the affected area and
data on the amount and value of the wheat and barley handled
for a minimum three-year period by each person;
(d) To request records and audit the records of producers
or handlers of wheat or barley during normal business hours
to determine whether the appropriate assessment has been
paid;
(e) To fund, conduct, or otherwise participate in scientific research relating to wheat or barley, including but not
limited to research to find more efficient methods of irrigation, production, processing, handling, transportation, and
marketing of wheat or barley, or regarding pests, pesticides,
food safety, irrigation, transportation, and environmental
stewardship related to wheat or barley;
(f) To work cooperatively with local, state, and federal
agencies, universities, and national organizations for the purposes provided in this chapter;
(g) To establish a foundation using commission funds as
grant money when the foundation benefits the wheat or barley industry in Washington and implements the purposes provided in this chapter;
(h) To acquire or own intellectual property rights,
licenses, or patents and to collect royalties resulting from
commission-funded research related to wheat or barley;
(i) To enter into contracts or interagency agreements
with any private or public agency, whether federal, state, or
local, to carry out the purposes and powers provided in this
chapter, including specifically contracts or agreements for
research described in (e) of this subsection. Personal service
contracts must comply with chapter 39.29 RCW;
(j) To institute and maintain in its own name any and all
legal actions necessary to carry out the provisions of this
chapter, including actions by injunction, mandatory injunction or civil recovery, or proceedings before administrative
tribunals or other governmental authorities;
(k) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of the
[Title 15 RCW—page 193]
15.115.150
Title 15 RCW: Agriculture and Marketing
commission. The retention of a private attorney is subject to
review and approval by the office of the attorney general;
(l) To elect a chair and other officers as determined
advisable;
(m) To employ and discharge at its discretion administrators and additional personnel, advertising and research
agencies, and other persons and firms as appropriate and pay
compensation;
(n) To acquire personal property and purchase or lease
office space and other necessary real property and transfer
and convey that real property;
(o) To keep accurate records of all its receipts and disbursements by commodity, which records must be open to
inspection and audit by the state auditor or private auditor
designated by the state auditor at least every five years;
(p) To borrow money and incur indebtedness;
(q) To make necessary disbursements for routine operating expenses;
(r) To expend funds for commodity-related education,
training, and leadership programs as the commission deems
expedient;
(s) To accept and expend or retain any gifts, bequests,
contributions, or grants from private persons or private and
public agencies to carry out the purposes provided in this
chapter;
(t) To apply for and administer federal market access
programs or similar programs or projects and provide matching funds as may be necessary;
(u) To engage in appropriate fund-raising activities for
the purpose of supporting activities of the commission authorized in this chapter;
(v) To participate in international, federal, state, and
local hearings, meetings, and other proceedings relating to
the production, irrigation, manufacture, regulation, transportation, distribution, sale, or use of wheat or barley; or the regulation of the manufacture, distribution, sale, or use of any
pesticide, as defined in chapter 15.58 RCW, or any agricultural chemical which is of use or potential use in producing
wheat or barley. This participation may include activities
authorized under *RCW 42.17.190, including the reporting
of those activities to the public disclosure commission;
(w) To speak on behalf of the Washington state government on a nonexclusive basis regarding issues related to
wheat and barley, including but not limited to trade negotiations and market access negotiations and to fund industry
organizations engaging in those activities;
(x) To adopt, rescind, and amend rules and regulations
reasonably necessary for the administration and operation of
the commission and the enforcement of its duties under this
chapter;
(y) To administer, enforce, direct, and control the provisions of this chapter and any rules adopted under this chapter;
and
(z) Other powers and duties that are necessary to carry
out the purposes of this chapter. [2009 c 33 § 14.]
*Reviser’s note: RCW 42.17.190 was recodified as RCW 42.17A.635
pursuant to 2010 c 204 § 1102, effective January 1, 2012.
15.115.150 Director’s duties. (1) The commission
shall develop and submit to the director for approval any
plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and
administration of appropriate programs or projects for the
advertising and promotion of wheat and barley; and
(b) The establishment and effectuation of market
research projects, market development projects, or both, to
the end that the marketing and utilization of wheat and barley
may be encouraged, expanded, improved, or made more efficient.
(2) The director shall review the commission’s advertising or promotion program to ensure that no false claims are
being made concerning any agricultural commodity.
(3) The commission, prior to the beginning of its fiscal
year, shall prepare and submit to the director for approval its
research plan, its commodity-related education and training
plan, and its budget on a fiscal period basis.
(4) The director shall review and make a determination
of all submissions described in this section in a timely manner. [2009 c 33 § 15.]
15.115.160 Rule-making proceedings. (1) Except as
provided in subsection (2) of this section, all rule-making
proceedings conducted under this chapter must be in accordance with chapter 34.05 RCW.
(2) Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310 and
43.135.055 and chapter 19.85 RCW, the regulatory fairness
act, when the proposed rule is subject to a referendum.
(3) Rules, regulations, and orders made by the commission must be filed with the director and become effective as
provided in RCW 34.05.380. [2009 c 33 § 16.]
15.115.160
15.115.170 Liquor produced from wheat or barley.
(1) The commission may receive donations of liquor produced from wheat or barley grown in Washington and may
use the liquor for the promotional purposes specified in subsection (2) of this section.
(2) The commission may engage directly or indirectly in
the promotion of liquor produced from wheat or barley
grown in Washington including, without limitation, the
acquisition in any lawful manner and the dissemination without charge of the liquor. This dissemination is not deemed a
sale for any purpose and the commission is not deemed a producer, supplier, or manufacturer, or the clerk, servant, or
agent of a producer, supplier, distributor, or manufacturer
under Title 66 RCW. This dissemination without charge may
be solely for agricultural development or trade promotion,
and not for fund-raising purposes under RCW
15.115.140(2)(u). Dissemination for promotional purposes
may include promotional hosting and must in the good faith
judgment of the commission be in the aid of the marketing,
advertising, or promotion of wheat or barley grown in Washington, or research related to that marketing, advertising, or
promotion.
(3) The commission shall adopt rules governing promotional hosting expenditures by its employees, agents, or commission members under RCW 15.04.200. [2009 c 33 § 17.]
15.115.170
15.115.150
[Title 15 RCW—page 194]
15.115.180 Promotional printing and literature—
Contracts. (1) The restrictive provisions of chapter 43.78
15.115.180
(2010 Ed.)
Washington Grain Commission
RCW do not apply to promotional printing and literature for
the commission.
(2) All promotional printing contracts entered into by the
commission must be executed and performed under conditions of employment that substantially conform to the laws of
this state respecting hours of labor, the minimum wage scale,
and the rules and regulations of the department of labor and
industries regarding conditions of employment, hours of
labor, and minimum wages, and the violation of such a provision of any contract is grounds for cancellation of the contract. [2009 c 33 § 19.]
15.115.190 Handling, accounting, and disbursement
of moneys. (1) All money received by the commission from
the assessment levied under this chapter and all moneys
transferred to the commission under RCW 15.115.130(2)
must be deposited in the banks designated by the commission
and disbursed by order of the commission. RCW 43.01.050
does not apply to money collected under this chapter.
(2) The commission shall adopt rules or establish policies as it determines necessary to ensure proper accounting
and disbursement of moneys received and held by the commission. [2009 c 33 § 20.]
15.115.190
15.115.200 Bond requirements. Unless covered by a
blanket bond covering officials or employees of the state of
Washington, every administrator, employee, or other person
occupying a position of trust for the commission and every
commission member actually handling or drawing upon
funds shall give a bond in the penal amount as may be
required by the commission, the premium for which bond or
bonds must be paid by the commission. [2009 c 33 § 21.]
15.115.200
15.115.210 Limitation of liability. (1) Obligations
incurred by the commission and any other liabilities or claims
against the commission are enforceable only against the
assets of the commission and, except to the extent of those
assets, liability for the debts or actions of the commission
does not exist against either the state of Washington or any
subdivision or instrumentality thereof or against any member, employee, or agent of the commission or the state of
Washington in his or her individual capacity.
(2) Except as otherwise provided in this chapter, neither
the commission members, nor its employees, may be held
individually responsible for errors in judgment, mistakes, or
other acts, either of commission or omission, as principal,
agent, person, or employee, except for their own individual
acts of dishonesty or crime. A person or employee may not
be held individually responsible for any act or omission of
any other commission members. The liability of the commission members is several and not joint, and a member is not
liable for the default of any other member. This subsection
confirms that commission members have been and continue
to be state officers or volunteers for purposes of RCW
4.92.075 and are entitled to the defenses, indemnifications,
limitations of liability, and other protections and benefits of
chapter 4.92 RCW.
(3) In any civil or criminal action or proceeding for violation of any statute, including a rule adopted under that statute, or common law against monopolies or combinations in
15.115.210
(2010 Ed.)
15.115.250
restraint of trade, including any action under chapter 19.86
RCW, proof that the act complained of was done in compliance with the provisions of this chapter, and in furtherance of
the purposes and provisions of this chapter, is a complete
defense to such an action or proceeding. [2009 c 33 § 22.]
15.115.220 Copies of proceedings, records, and acts
of the commission admissible in court as prima facie evidence of the truth of the statements contained therein.
Copies of the proceedings, records, and acts of the commission, when certified by the chair, are admissible in any court
as prima facie evidence of the truth of the statements contained therein. [2009 c 33 § 23.]
15.115.220
15.115.230 Application of RCW 42.56.380—Use of
commercial information and records. (1) Under RCW
42.56.380, certain agricultural business records, commission
records, and department of agriculture records relating to the
commission and producers of agricultural commodities are
exempt from public disclosure.
(2) Financial and commercial information and records
submitted to either the department or the commission for the
purpose of administering this chapter may be shared between
the department and the commission. They may also be used,
if required, in any suit or administrative hearing involving
this chapter.
(3) This section does not prohibit:
(a) The issuance of general statements based upon the
reports of persons subject to this chapter as long as the statements do not identify the information furnished by any person; or
(b) The publication by the director or the commission of
the name of any person violating this chapter and a statement
of the manner of the violation by that person. [2009 c 33 §
24.]
15.115.230
15.115.240 Commission shall reimburse department
for certain costs—Funding of staff support. (1) The commission shall reimburse the department for all costs incurred
by the department for actions necessary to carry out this
chapter, including the adoption of rules, facilitating or conducting nominations or advisory votes, and the review and
approval required under RCW 15.115.150.
(2) The director may provide by rule for a method to
fund staff support for all commodity boards or commissions
in accordance with RCW 43.23.033 if a position is not
directly funded by the legislature and costs are related to the
specific activity undertaken on behalf of an individual commodity board or commission. The commission shall provide
funds to the department according to the rules adopted by the
director. [2009 c 33 § 25.]
15.115.240
15.115.250 Preparation of lists of producers and handlers of wheat and barley. (1) The commission shall prepare a list of all producers of wheat and a list of all producers
of barley, which must include for each producer his or her
name and address and the amount, by unit, of wheat or barley
produced during the past three years.
(2) The commission shall prepare a list of all persons
who handle wheat and all persons who handle barley, which
15.115.250
[Title 15 RCW—page 195]
15.115.260
Title 15 RCW: Agriculture and Marketing
must include for each handler his or her name and address
and the amount, by unit, of wheat or barley handled during
the past three years.
(3) It is the responsibility of each producer or handler to
ensure that his or her correct address is filed with the commodity commission and to submit production data and handling data to the commission as prescribed in this chapter.
(4) Any qualified person may, at any time, have his or
her name placed upon any list for which he or she qualifies by
delivering or mailing the information to the commission. The
lists must be corrected and brought up-to-date in accordance
with evidence and information provided to the commission.
(5) For all purposes of giving notice, conducting advisory votes, and holding referenda, the applicable list corrected up to the day preceding the date the list is certified by
the commission is the list of all affected producers entitled to
notice or to vote. Inadvertent failure to notify an affected
producer does not invalidate a proceeding conducted under
this chapter.
(6) At the director’s request when conducting a referendum for the commission, the commission shall provide the
director a certified list of affected producers from the commission records. The list must include all information
required by the director to conduct a referendum under this
chapter, must be used to determine assent as provided in this
chapter, and must be kept in the rule-making file by the director. [2009 c 33 § 26.]
15.115.260 Annual assessments—Adjustments—
Referendum—Temporary reduction—Limit on annual
assessment. (1)(a) The initial annual assessments are the
amounts most recently approved by referendum by wheat
producers and barley producers and effective at the time the
grain commission is established:
(i) The initial annual assessment on wheat is threefourths of one percent of the net receipts at the first point of
sale;
(ii) The initial annual assessment on barley is one percent of the net receipts at the first point of sale.
(b) The initial annual assessments established in this subsection are effective unless and until changed pursuant to the
procedure in subsection (2) of this section.
(2)(a) If the commission determines, based on information available to it, that the revenue from the assessment levied on wheat or barley under this chapter is too high or is
inadequate to accomplish the purposes of this chapter, then
with the oversight of the director the commission shall adopt
a resolution setting forth the needs of the industry, the extent
and probable cost of the commission activities identified as
necessary to address the needs of the industry together with a
brief statement justifying each activity, the proposed new
assessment rate, and the expected revenue from the proposed
assessment levied. The resolution must be submitted to the
director for review and approval.
(b) If the director objects to the proposed new assessment rate, the director shall explain the reasons for the objection to the commission in writing. The commission may
adopt a revised resolution and submit it to the director for
review and approval.
(c) Upon receiving the director’s approval and with the
director’s oversight, the commission may conduct a referen15.115.260
[Title 15 RCW—page 196]
dum to determine whether affected producers assent to the
proposed new assessment rate, or may refer the matter to the
director to conduct the referendum on behalf of the commission. Only wheat producers may vote on a proposed new
assessment rate on wheat, and only barley producers may
vote on a proposed new assessment rate on barley.
(i) The producers have assented to the new rate if more
than fifty percent by number and more than fifty percent by
volume of those replying assent. The determination by volume is made on the basis of volume as determined in the list
of affected producers created under RCW 15.115.250.
(ii) Results of the referendum must be communicated via
the news media.
(iii) If the requisite assent is given, the commission shall
adopt the new rate at its next meeting. The new rate must be
adopted by rule in accordance with chapter 34.05 RCW,
except as provided in RCW 15.115.160.
(3)(a) Notwithstanding the provisions in subsection (2)
of this section, the commission may, by majority vote of a
quorum of its members, adopt a finding that its current revenue substantially exceeds that needed to support the current
needs of the industry and the current cost of commission
activities and order a temporary reduction in the annual
assessments below the rate currently authorized under subsection (1) of this section.
(b) With the director’s approval, such a reduction commences on July 1st following the commission’s action and
expires automatically on June 30th of the subsequent year
unless extended by a new action of the commission under this
subsection.
(c) Any action taken under this subsection must be communicated to affected producers via the news media and any
other means it deems effective.
(4) The annual assessment authorized in this chapter may
not exceed three percent of the total market value of all
affected units sold, processed, stored, or delivered for sale,
processing, or storage by all affected producers of wheat or
barley during the year to which the assessment applies.
[2009 c 33 § 27.]
15.115.270 Collection of assessment—Failure to pay
assessment—Civil action—Venue. (1) The collection of
the assessment made and levied by the commission must be
paid by the producer upon all commercial quantities of wheat
and all commercial quantities of barley sold, processed,
stored, or delivered for sale, processing, or storage by the
producer. However, an assessment may not be levied or collected on wheat or barley grown and used by the producer for
feed, seed, or personal consumption.
(2) Handlers including warehousemen, processors, and
feedlots receiving wheat or barley in commercial quantities
from producers shall collect the assessment made and levied
by the commission from each producer whose production
they handle and remit the assessment to the commission on a
monthly basis. Affected units of wheat or barley must not be
transported, carried, shipped, sold, stored, or otherwise handled or disposed of until every due and payable assessment
under this chapter has been paid and the receipt issued, but
liability under this chapter does not attach to common carriers in the regular course of their business.
15.115.270
(2010 Ed.)
Washington Grain Commission
(3) Any due and payable assessment levied under this
chapter constitutes a personal debt of every person so
assessed or who otherwise owes the assessment, and the
assessment is due and payable to the commission on a
monthly basis. In the event any person fails to pay the full
amount of such an assessment, the commission may add to
the unpaid assessment an amount not exceeding ten percent
of the unpaid assessment to defray the cost of enforcing the
collecting of the unpaid assessment. In the event of failure of
the person or persons to pay any due and payable assessment,
the commission may bring a civil action against the person or
persons in a state court of competent jurisdiction for the collection thereof, together with the additional ten percent, and
the action must be tried and judgment rendered as in any
other cause of action for debt due and payable. Venue for an
action against a person owing a due and payable assessment
to the commission is in Spokane county or a county in which
the person produces or handles wheat or barley. [2009 c 33 §
28.]
15.115.280 Use of moneys received by the commission under this chapter. (1) All moneys collected or otherwise received by the commission under this chapter must be
used solely by and for the commission and may not be used
for any other commission or the department, except as otherwise provided in this chapter. These moneys must be deposited in accounts in the name of the commission in any bank
which is a state depository. All expenses and disbursements
incurred and made under this chapter must be paid from moneys collected and received under this chapter without the
necessity of a specific legislative appropriation, and all moneys deposited for the account of any order must be paid from
the account by check or voucher in the form and in the manner and upon the signature of the person as may be prescribed
by the commission. RCW 43.01.050 is not applicable to such
an account or any moneys so received, collected, or
expended.
(2) The commission shall ensure that the expenditure of
assessments collected from wheat producers and moneys
transferred from the wheat commission under RCW
15.115.130(2) are used for purposes related to the wheat
industry and that the expenditure of assessments collected
from barley producers and moneys transferred from the barley commission under RCW 15.115.130(2) are used for purposes related to the barley industry. However, this section
does not prevent assessments from wheat, assessments from
barley, and moneys transferred from the wheat commission
or barley commission under RCW 15.115.130(2) to be combined or used together for activities, projects, and other
endeavors that benefit both the wheat and barley industries.
[2009 c 33 § 29.]
15.115.280
15.115.290
15.115.290 Investment of funds of the commission.
(1) Any funds of the commission may be invested in savings
or time deposits in banks, trust companies, and mutual savings banks that are doing business in the United States, up to
the amount of insurance afforded those accounts by the federal deposit insurance corporation.
(2) This section applies to all funds which may be lawfully so invested, which in the judgment of the commission
(2010 Ed.)
15.115.310
are not required for immediate expenditure. The authority
granted by this section is not exclusive and is cumulative and
in addition to other authority provided by law for the investment of the funds including, but not limited to, authority
granted under chapters 39.58, 39.59, and 43.84 RCW. [2009
c 33 § 30.]
15.115.300 Proof of eligibility to vote or hold a position on the commission—Records—Inspection by commission—Confidentiality of information—Limitation of
section. (1) To prove eligibility to vote or hold a position on
the commission, each producer must show records of sales of
commercial quantities of wheat or barley sold within the past
three years if requested by the commission.
(2) Each handler shall keep a complete and accurate
record of all wheat and barley handled.
(3) Handlers’ records must be in the form and contain the
information as the commission may by rule prescribe, must
be preserved for a period of three years, and are subject to
inspection at any time upon demand of the commission or its
agents.
(4) The commission through its agents may enter and
inspect the premises and records of any handler of wheat or
barley for the purpose of enforcing this chapter. The commission has the authority to issue subpoenas for the production of books, records, documents, and other writings of any
kind from any handler and from any person having, either
directly or indirectly, actual or legal control of or over the
premises, books, records, documents, or other writings, for
the purpose of enforcing this chapter or rules adopted under
this chapter.
(5) All information furnished to or acquired by the commission or by an agent of the commission under this section
must be kept confidential by all officers, employees, and
agents of the commission, except as may be necessary in a
suit or other legal proceeding brought by, on behalf of, or
against the commission or its employees or agents involving
the enforcement of this chapter or rules adopted under this
chapter.
(6) This section does not prohibit:
(a) The issuance of general statements based upon the
reports of a number of persons subject to this chapter, which
statements do not identify the information furnished by any
person; or
(b) The publication by the commission or the director of
the name of any person violating this chapter or rules adopted
under this chapter, together with a statement of the particular
provisions and the manner of the violation. [2009 c 33 § 31.]
15.115.300
15.115.310 Penalties—Injunctions—Referring a violation to the county prosecutor—Jurisdiction. (1) It is a
misdemeanor for any person willfully to:
(a) Violate or aid in the violation of this chapter or rules
adopted under this chapter;
(b) Submit a false or fraudulent report, statement, or
record required by the director or the commission under this
chapter or rules adopted under this chapter; or
(c) Fail or refuse to submit a report, statement, or record
required by the director or the commission under this chapter
or rules adopted under this chapter.
15.115.310
[Title 15 RCW—page 197]
15.115.900
Title 15 RCW: Agriculture and Marketing
(2) In the event of a violation or threatened violation of
this chapter or rules adopted under this chapter, the director
or the commission is entitled to an injunction in a court of
competent jurisdiction to prevent further violation and to a
decree of specific performance, and to a temporary restraining order and injunction pending litigation.
(3) In the event of a violation or threatened violation of
this chapter or rules adopted under this chapter, the director,
the commission, or any affected producer on joining the commission may refer the violation to the prosecutor in any
county in which the defendant or any defendant resides, or in
which the violation was committed, or in which the defendant
or any defendant has his or her principal place of business.
(4) The superior courts are hereby vested with jurisdiction to enforce this chapter and the rules of the commission
issued under this chapter, and to prevent and restrain violations of this chapter. [2009 c 33 § 32.]
15.115.900 Severability—2009 c 33. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2009 c 33 § 39.]
15.115.900
[Title 15 RCW—page 198]
(2010 Ed.)
Title 16
ANIMALS AND LIVESTOCK
Title 16
(Formerly: Animals, estrays, brands, and fences)
Chapters
16.04
16.08
16.10
16.24
16.30
16.36
16.38
16.49
16.50
16.52
16.54
16.57
16.58
16.60
16.65
16.67
16.68
16.70
16.72
16.04.100
Trespass of animals—General.
Dogs.
Dogs—Licensing—Dog control zones.
Stock restricted areas.
Dangerous wild animals.
Animal health.
Livestock diseases—Diagnostic service program.
Custom slaughtering.
Humane slaughter of livestock.
Prevention of cruelty to animals.
Abandoned animals.
Identification of livestock.
Identification of cattle through licensing of certified feed lots.
Fences.
Public livestock markets.
Washington state beef commission.
Disposal of dead animals.
Control of pet animals infected with diseases
communicable to humans.
Fur farming.
Agister and trainer liens: Chapter 60.56 RCW.
Carrier or racing pigeons—Injury to: RCW 9.61.190 and 9.61.200.
Control of predatory birds injurious to agriculture: RCW 15.04.110,
15.04.120.
"Coyote getters" may be used to control coyotes: RCW 9.41.185.
Director of agriculture: Chapter 43.23 RCW.
Dog guide or service animal, interfering with: RCW 9.91.170.
Dog license tax, counties: Chapter 36.49 RCW.
Grazing ranges: Chapter 79.13 RCW, RCW 79.10.125.
Harming a police dog or police horse: RCW 9A.76.200.
Killing of person by vicious animal: RCW 9A.32.070.
Larcenous appropriation of livestock: Chapter 9A.56 RCW.
Milk and milk products for animal food: Chapter 15.37 RCW.
Nuisances, agricultural activities: RCW 7.48.300 through 7.48.310.
Race horses: Chapter 67.16 RCW.
Stealing horses or cattle as larceny: Chapter 9A.56 RCW.
Chapter 16.04
Chapter 16.04 RCW
TRESPASS OF ANIMALS—GENERAL
Sections
16.04.005
16.04.010
16.04.015
16.04.020
16.04.025
16.04.030
16.04.040
16.04.045
16.04.050
16.04.060
16.04.070
16.04.080
(2010 Ed.)
Liability for damages—Restraint—Notice.
Trespassing animals—Restraint—Damages and costs.
Damages, liability.
Notice of restraint—Owner known.
Owner of animals unknown—Procedure.
Actions for damages.
Jurisdiction—Appeal.
Continuance.
Substituted service.
Sale—When costs may be charged to plaintiff.
Surplus—Disposition.
Stock on United States military reservation.
Trespass via fence damaged by wildlife.
Dangerous dogs: RCW 16.08.070 through 16.08.100.
Disturbance on public highway: RCW 9A.84.030.
Fences: Chapter 16.60 RCW.
16.04.005 Liability for damages—Restraint—Notice.
See RCW 16.60.015.
16.04.005
16.04.010 Trespassing animals—Restraint—Damages and costs. Any person suffering damage done by any
horses, mules, donkeys, cattle, goats, sheep, swine, or any
such animals, which shall either trespass upon any land
enclosed by lawful fence as provided in chapter 16.60 RCW
or trespass while running at large in violation of chapter
16.24 RCW may retain and keep in custody such offending
animals until the owner or person having possession of such
animals shall pay such damage and costs, or until good and
sufficient security be given for the same. [1989 c 286 § 1;
1925 ex.s. c 56 § 1; 1893 c 31 § 1; RRS § 3090.]
16.04.010
Damages to stock on unfenced railroad: RCW 81.52.050 through 81.52.070.
Pleading answer in action to recover property distrained: RCW 4.36.140.
Additional notes found at www.leg.wa.gov
16.04.015 Damages, liability. Except as provided
under RCW 16.04.100, whenever any animals trespass as
provided in RCW 16.04.010, the owner or person having possession of such animal shall be liable for all damages the
owner or occupant may sustain by reason of such trespass.
[1994 c 263 § 1; 1989 c 286 § 2.]
16.04.015
Additional notes found at www.leg.wa.gov
16.04.020 Notice of restraint—Owner known. Whenever any animals are restrained as provided in RCW
16.04.010, the person restraining such animals shall within
twenty-four hours thereafter notify in writing the owner, or
person in whose custody the same was at the time the trespass
was committed, of the seizure of such animals, and the probable amount of the damages sustained: PROVIDED, He
knows to whom such animals belong. [1893 c 31 § 2; RRS §
3091. FORMER PART OF SECTION: 1925 ex.s. c 56 § 2;
1893 c 31 § 3; RRS § 3092, now codified as RCW
16.04.025.]
16.04.020
16.04.025 Owner of animals unknown—Procedure.
If the owner or the person having in charge or possession
such animals is unknown to the person sustaining the damage, the person retaining such animals shall, within twentyfour hours, notify the county sheriff or the nearest state brand
inspector as to the number, description, and location of the
animals. The county sheriff or brand inspector shall examine
the animals by brand, tattoo, or other identifying characteris16.04.025
[Title 16 RCW—page 1]
16.04.030
Title 16 RCW: Animals and Livestock
tics and attempt to ascertain ownership. If the animal is
marked with a brand or tattoo which is registered with the
director of agriculture, the brand inspector or county sheriff
shall furnish this information and other pertinent information
to the person holding the animals who in turn shall send the
notice required in RCW 16.04.020 to the animals’ owner of
record by certified mail.
If the county sheriff or the brand inspector determines
that there is no apparent damage to the property of the person
retaining the animals, or if the person sustaining the damage
contacts the county sheriff or brand inspector to have the animals removed from his or her property, such animals shall be
removed in accordance with chapter 16.24 RCW. Such
removal shall not prejudice the property owner’s ability to
recover damages through civil suit. [1989 c 286 § 21; 1985 c
415 § 24; 1925 ex.s. c 56 § 2; 1893 c 31 § 3; RRS § 3092. Formerly RCW 16.04.020, part.]
Additional notes found at www.leg.wa.gov
16.04.030 Actions for damages. If the owner or person
having such animals in charge fails or refuses to pay the damages done by such animals, and the costs, or give satisfactory
security for the same within twenty-four hours from the time
the notice was served, if served personally, or in case of
horses, mares, mules and asses, within twenty-four hours
from the time such notice was posted, if served by posting the
same, and in case of cattle, goats, sheep and swine within ten
days from the time of such posting, the person damaged may
commence a suit, before any court having jurisdiction
thereof, against the owner of such animals, or against the persons having the same in charge, or possession, when the trespass was committed, if known; and if unknown the defendant
shall be designated as John Doe, and the proceedings shall be
the same in all respects as in other civil actions, except as
modified in RCW 16.04.010 through 16.04.070. If such suit
is commenced in superior court the summons shall require
the defendant to appear within five days from the date of service of such summons, if served personally. [1925 ex.s. c 56
§ 3; 1893 c 31 § 4; RRS § 3093.]
16.04.030
16.04.040 Jurisdiction—Appeal. District judges shall
have exclusive jurisdiction of all actions and proceedings
under RCW 16.04.010 through 16.04.070 when the damages
claimed do not exceed one hundred dollars: PROVIDED,
HOWEVER, That any party considering himself or herself
aggrieved shall have the right of appeal to the superior court
as in other cases. [1987 c 202 § 177; 1893 c 31 § 9; RRS §
3098.]
16.04.040
Intent—1987 c 202: See note following RCW 2.04.190.
16.04.045 Continuance. If upon the trial it appears that
the defendant is not the owner or person in charge of such
offending animals, the case shall be continued, and proceedings had as in RCW 16.04.050 provided, if the proper defendant be unknown to plaintiff. [1893 c 31 § 6; RRS § 3095.
Formerly RCW 16.04.050, part.]
16.04.045
16.04.050 Substituted service. If the owner or keeper
of such offending animals is unknown to plaintiff at the commencement of the action, or if on the trial it appears that the
16.04.050
[Title 16 RCW—page 2]
defendant is not the proper party, defendant, and the proper
party is unknown, service of the summons or notice shall be
made by publication, by publishing a copy of the summons or
notice, with a notice attached, stating the object of the action
and giving a description of the animals seized, in a newspaper
of general circulation in the area where the plaintiff resides
less than ten days previous to the day of trial. [1985 c 469 §
8; 1893 c 31 § 7; RRS § 3096. FORMER PART OF SECTION: 1893 c 31 § 6; RRS § 3095, now codified as RCW
16.04.045.]
16.04.060 Sale—When costs may be charged to
plaintiff. Upon the trial of an action as herein provided
[RCW 16.04.010 through 16.04.070] the plaintiff shall prove
the amount of damages sustained and the amount of expenses
incurred for keeping the offending animals, and any judgment rendered for damages, costs, and expenses against the
defendant shall be a lien upon such animals committing the
damage, and the same may be sold and the proceeds shall be
applied in full satisfaction of the judgment as in other cases of
sale of personal property on execution: PROVIDED, That no
judgment shall be continued against the defendant for any
deficiency over the amount realized on the sale of such animals, if it shall appear upon the trial that no damage was sustained, or that a tender was made and paid into court of an
amount equal to the damage and costs, then judgment shall be
rendered against the plaintiff for costs of suit and damage
sustained by defendant. [1893 c 31 § 5; RRS § 3094.]
16.04.060
16.04.070 Surplus—Disposition. If when such animals
are sold, there remains a surplus of money, over the amount
of the judgment and costs, it shall be deposited with the
county treasurer, by the officer making the sale, and if the
owner of such animals does not appear and call for the same,
within six months from the day of sale, it shall be paid into
the school fund, for the use of the public schools of said
county. [1893 c 31 § 8; RRS § 3097.]
16.04.070
16.04.080 Stock on United States military reservation. It shall be unlawful for the owner of any livestock to
allow such livestock to run at large or be upon any United
States military reservation upon which field artillery firing or
other target practice with military weapons is conducted. Any
owner who permits livestock to run at large or be upon any
such reservation shall do so at the risk of such owner and such
owner shall have no claim for damages if such livestock is
injured or destroyed while so running at large on such reservation: PROVIDED, HOWEVER, That the commanding
officer of any such United States military reservation may
issue permits for specific areas and for specific periods of
time when firing will not be conducted thereon authorizing
the owner of such livestock to permit the same to run at large
or be upon any such military reservation. [1937 c 101 § 1;
RRS § 3068-1.]
16.04.080
16.04.100 Trespass via fence damaged by wildlife. If
damages are caused by a trespassing animal, neither the state
nor the owner of the animal shall be liable if the owner of the
animal can prove that the trespass is due to damage caused by
wildlife to a lawful fence and, in a stock restricted area, the
16.04.100
(2010 Ed.)
Dogs
owner of the animal did not have a reasonable opportunity to
repair the fence. The state shall pay all costs of transportation,
advertising, legal proceedings, and keep of an animal that has
been restrained pursuant to RCW 16.04.010. Claims filed
under this section shall be processed according to the procedures under chapter 4.92 RCW. [1994 c 263 § 3.]
Chapter 16.08
Chapter 16.08 RCW
DOGS
(Formerly: Dangerous dogs)
Sections
16.08.010
16.08.020
16.08.030
16.08.040
16.08.050
16.08.060
16.08.070
16.08.080
16.08.090
16.08.100
Liability for injury to stock by dogs.
Dogs injuring stock may be killed.
Marauding dog—Duty of owner to kill.
Dog bites—Liability.
Entrance on private property, when lawful.
Provocation as a defense.
Dangerous dogs and related definitions.
Dangerous dogs—Notice to owners—Right of appeal—Certificate of registration required—Surety bond—Liability
insurance—Restrictions.
Dangerous dogs—Requirements for restraint—Potentially
dangerous dogs—Dogs not declared dangerous.
Dangerous dogs—Confiscation—Conditions—Duties of animal control authority—Penalties and affirmative defenses
for owners of dogs that attack—Dog fights, penalty.
16.08.010 Liability for injury to stock by dogs. The
owner or keeper of any dog shall be liable to the owner of any
animal killed or injured by such dog for the amount of damages sustained and costs of collection, to be recovered in a
civil action. [1985 c 415 § 14; 1929 c 198 § 5; RRS § 3106.
Prior: 1919 c 6 § 5; RCS § 3106.]
16.08.010
16.08.020 Dogs injuring stock may be killed. It shall
be lawful for any person who shall see any dog or dogs chasing, biting, injuring or killing any sheep, swine or other
domestic animal, including poultry, belonging to such person, on any real property owned or leased by, or under the
control of, such person, or on any public highway, to kill such
dog or dogs, and it shall be the duty of the owner or keeper of
any dog or dogs so found chasing, biting or injuring any
domestic animal, including poultry, upon being notified of
that fact by the owner of such domestic animals or poultry, to
thereafter keep such dog or dogs in leash or confined upon
the premises of the owner or keeper thereof, and in case any
such owner or keeper of a dog or dogs shall fail or neglect to
comply with the provisions of this section, it shall be lawful
for the owner of such domestic animals or poultry to kill such
dog or dogs found running at large. [1929 c 198 § 6; RRS §
3107. Prior: 1919 c 6 § 6; 1917 c 161 § 6; RCS § 3107.]
16.08.020
16.08.030 Marauding dog—Duty of owner to kill. It
shall be the duty of any person owning or keeping any dog or
dogs which shall be found killing any domestic animal to kill
such dog or dogs within forty-eight hours after being notified
of that fact, and any person failing or neglecting to comply
with the provisions of this section shall be deemed guilty of a
misdemeanor, and it shall be the duty of the sheriff or any
deputy sheriff to kill any dog found running at large (after the
first day of August of any year and before the first day of
March in the following year) without a metal identification
16.08.030
(2010 Ed.)
16.08.070
tag. [1929 c 198 § 7; RRS § 3108. Prior: 1919 c 6 § 7; 1917
c 161 § 7; RCS § 3108.]
16.08.040 Dog bites—Liability. The owner of any dog
which shall bite any person while such person is in or on a
public place or lawfully in or on a private place including the
property of the owner of such dog, shall be liable for such
damages as may be suffered by the person bitten, regardless
of the former viciousness of such dog or the owner’s knowledge of such viciousness. [1941 c 77 § 1; Rem. Supp. 1941 §
3109-1.]
16.08.040
16.08.050 Entrance on private property, when lawful. A person is lawfully upon the private property of such
owner within the meaning of RCW 16.08.040 when such person is upon the property of the owner with the express or
implied consent of the owner: PROVIDED, That said consent shall not be presumed when the property of the owner is
fenced or reasonably posted. [1979 c 148 § 1; 1941 c 77 § 2;
Rem. Supp. 1941 § 3109-2.]
16.08.050
16.08.060 Provocation as a defense. Proof of provocation of the attack by the injured person shall be a complete
defense to an action for damages. [1941 c 77 § 3; Rem. Supp.
1941 § 3109-3.]
16.08.060
16.08.070 Dangerous dogs and related definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply throughout RCW 16.08.070 through
16.08.100.
(1) "Potentially dangerous dog" means any dog that
when unprovoked: (a) Inflicts bites on a human or a domestic
animal either on public or private property, or (b) chases or
approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of
attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause
injury or otherwise to threaten the safety of humans or
domestic animals.
(2) "Dangerous dog" means any dog that (a) inflicts
severe injury on a human being without provocation on public or private property, (b) kills a domestic animal without
provocation while the dog is off the owner’s property, or (c)
has been previously found to be potentially dangerous
because of injury inflicted on a human, the owner having
received notice of such and the dog again aggressively bites,
attacks, or endangers the safety of humans.
(3) "Severe injury" means any physical injury that results
in broken bones or disfiguring lacerations requiring multiple
sutures or cosmetic surgery.
(4) "Proper enclosure of a dangerous dog" means, while
on the owner’s property, a dangerous dog shall be securely
confined indoors or in a securely enclosed and locked pen or
structure, suitable to prevent the entry of young children and
designed to prevent the animal from escaping. Such pen or
structure shall have secure sides and a secure top, and shall
also provide protection from the elements for the dog.
(5) "Animal control authority" means an entity acting
alone or in concert with other local governmental units for
16.08.070
[Title 16 RCW—page 3]
16.08.080
Title 16 RCW: Animals and Livestock
enforcement of the animal control laws of the city, county,
and state and the shelter and welfare of animals.
(6) "Animal control officer" means any individual
employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of
this chapter or any other law or ordinance relating to the
licensure of animals, control of animals, or seizure and
impoundment of animals, and includes any state or local law
enforcement officer or other employee whose duties in whole
or in part include assignments that involve the seizure and
impoundment of any animal.
(7) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.
[2002 c 244 § 1; 1987 c 94 § 1.]
Additional notes found at www.leg.wa.gov
16.08.080 Dangerous dogs—Notice to owners—
Right of appeal—Certificate of registration required—
Surety bond—Liability insurance—Restrictions. (1) Any
city or county that has a notification and appeal procedure
with regard to determining a dog within its jurisdiction to be
dangerous may continue to utilize or amend its procedure. A
city or county animal control authority that does not have a
notification and appeal procedure in place as of June 13,
2002, and seeks to declare a dog within its jurisdiction, as
defined in subsection (7) of this section, to be dangerous must
serve notice upon the dog owner in person or by regular and
certified mail, return receipt requested.
(2) The notice must state: The statutory basis for the proposed action; the reasons the authority considers the animal
dangerous; a statement that the dog is subject to registration
and controls required by this chapter, including a recitation of
the controls in subsection (6) of this section; and an explanation of the owner’s rights and of the proper procedure for
appealing a decision finding the dog dangerous.
(3) Prior to the authority issuing its final determination,
the authority shall notify the owner in writing that he or she is
entitled to an opportunity to meet with the authority, at which
meeting the owner may give, orally or in writing, any reasons
or information as to why the dog should not be declared dangerous. The notice shall state the date, time, and location of
the meeting, which must occur prior to expiration of fifteen
calendar days following delivery of the notice. The owner
may propose an alternative meeting date and time, but such
meeting must occur within the fifteen-day time period set
forth in this section. After such meeting, the authority must
issue its final determination, in the form of a written order,
within fifteen calendar days. In the event the authority
declares a dog to be dangerous, the order shall include a
recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. The order
shall be sent by regular and certified mail, return receipt
requested, or delivered in person to the owner at the owner’s
last address known to the authority.
(4) If the local jurisdiction has provided for an administrative appeal of the final determination, the owner must follow the appeal procedure set forth by that jurisdiction. If the
local jurisdiction has not provided for an administrative
16.08.080
[Title 16 RCW—page 4]
appeal, the owner may appeal a municipal authority’s final
determination that the dog is dangerous to the municipal
court, and may appeal a county animal control authority’s or
county sheriff’s final determination that the dog is dangerous
to the district court. The owner must make such appeal within
twenty days of receiving the final determination. While the
appeal is pending, the authority may order that the dog be
confined or controlled in compliance with RCW 16.08.090. If
the dog is determined to be dangerous, the owner must pay all
costs of confinement and control.
(5) It is unlawful for an owner to have a dangerous dog
in the state without a certificate of registration issued under
this section. This section and RCW 16.08.090 and 16.08.100
shall not apply to police dogs as defined in RCW 4.24.410.
(6) Unless a city or county has a more restrictive code
requirement, the animal control authority of the city or
county in which an owner has a dangerous dog shall issue a
certificate of registration to the owner of such animal if the
owner presents to the animal control unit sufficient evidence
of:
(a) A proper enclosure to confine a dangerous dog and
the posting of the premises with a clearly visible warning sign
that there is a dangerous dog on the property. In addition, the
owner shall conspicuously display a sign with a warning
symbol that informs children of the presence of a dangerous
dog;
(b) A surety bond issued by a surety insurer qualified
under chapter 48.28 RCW in a form acceptable to the animal
control authority in the sum of at least two hundred fifty thousand dollars, payable to any person injured by the dangerous
dog; or
(c) A policy of liability insurance, such as homeowner’s
insurance, issued by an insurer qualified under Title 48 RCW
in the amount of at least two hundred fifty thousand dollars,
insuring the owner for any personal injuries inflicted by the
dangerous dog.
(7)(a)(i) If an owner has the dangerous dog in an incorporated area that is serviced by both a city and a county animal control authority, the owner shall obtain a certificate of
registration from the city authority;
(ii) If an owner has the dangerous dog in an incorporated
or unincorporated area served only by a county animal control authority, the owner shall obtain a certificate of registration from the county authority;
(iii) If an owner has the dangerous dog in an incorporated or unincorporated area that is not served by an animal
control authority, the owner shall obtain a certificate of registration from the office of the local sheriff.
(b) This subsection does not apply if a city or county
does not allow dangerous dogs within its jurisdiction.
(8) Cities and counties may charge an annual fee, in
addition to regular dog licensing fees, to register dangerous
dogs.
(9) Nothing in this section limits a local authority in
placing additional restrictions upon owners of dangerous
dogs. This section does not require a local authority to allow
a dangerous dog within its jurisdiction. [2002 c 244 § 2; 1989
c 26 § 3; 1987 c 94 § 2.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Dogs—Licensing—Dog Control Zones
16.08.090 Dangerous dogs—Requirements for
restraint—Potentially dangerous dogs—Dogs not
declared dangerous. (1) It is unlawful for an owner of a
dangerous dog to permit the dog to be outside the proper
enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a
responsible person. The muzzle shall be made in a manner
that will not cause injury to the dog or interfere with its vision
or respiration but shall prevent it from biting any person or
animal.
(2) Potentially dangerous dogs shall be regulated only by
local, municipal, and county ordinances. Nothing in this section limits restrictions local jurisdictions may place on owners of potentially dangerous dogs.
(3) Dogs shall not be declared dangerous if the threat,
injury, or damage was sustained by a person who, at the time,
was committing a wilful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting,
abusing, or assaulting the dog or has, in the past, been
observed or reported to have tormented, abused, or assaulted
the dog or was committing or attempting to commit a crime.
[1987 c 94 § 3.]
16.08.090
Additional notes found at www.leg.wa.gov
16.08.100 Dangerous dogs—Confiscation—Conditions—Duties of animal control authority—Penalties and
affirmative defenses for owners of dogs that attack—Dog
fights, penalty. (1) Any dangerous dog shall be immediately
confiscated by an animal control authority if the: (a) Dog is
not validly registered under RCW 16.08.080; (b) owner does
not secure the liability insurance coverage required under
RCW 16.08.080; (c) dog is not maintained in the proper
enclosure; or (d) dog is outside of the dwelling of the owner,
or outside of the proper enclosure and not under physical
restraint of the responsible person. The owner must pay the
costs of confinement and control. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying
the reason for the confiscation of the dangerous dog, that the
owner is responsible for payment of the costs of confinement
and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the
dog was confiscated are not corrected within twenty days.
The animal control authority shall destroy the confiscated
dangerous dog in an expeditious and humane manner if any
deficiencies required by this subsection are not corrected
within twenty days of notification. In addition, the owner
shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021.
(2) If a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another
domestic animal, the dog’s owner is guilty of a class C felony, punishable in accordance with RCW 9A.20.021. It is an
affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance
with the requirements for ownership of a dangerous dog pursuant to this chapter and the person or domestic animal
attacked or bitten by the defendant’s dog trespassed on the
defendant’s real or personal property or provoked the defendant’s dog without justification or excuse. In addition, the
dangerous dog shall be immediately confiscated by an animal
16.08.100
(2010 Ed.)
16.10.020
control authority, placed in quarantine for the proper length
of time, and thereafter destroyed in an expeditious and
humane manner.
(3) The owner of any dog that aggressively attacks and
causes severe injury or death of any human, whether or not
the dog has previously been declared potentially dangerous
or dangerous, shall, upon conviction, be guilty of a class C
felony punishable in accordance with RCW 9A.20.021. It is
an affirmative defense that the defendant must prove by a
preponderance of the evidence that the human severely
injured or killed by the defendant’s dog: (a) Trespassed on
the defendant’s real or personal property which was enclosed
by fencing suitable to prevent the entry of young children and
designed to prevent the dog from escaping and marked with
clearly visible signs warning people, including children, not
to trespass and to beware of dog; or (b) provoked the defendant’s dog without justification or excuse on the defendant’s
real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to
prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass
and to beware of dog. In such a prosecution, the state has the
burden of showing that the owner of the dog either knew or
should have known that the dog was potentially dangerous as
defined in this chapter. The state may not meet its burden of
proof that the owner should have known the dog was potentially dangerous solely by showing the dog to be a particular
breed or breeds. In addition, the dog shall be immediately
confiscated by an animal control authority, quarantined, and
upon conviction of the owner destroyed in an expeditious and
humane manner.
(4) Any person entering a dog in a dog fight is guilty of
a class C felony punishable in accordance with RCW
9A.20.021. [2002 c 244 § 3; 1987 c 94 § 4.]
Additional notes found at www.leg.wa.gov
Chapter 16.10 RCW
DOGS—LICENSING—DOG CONTROL ZONES
Chapter 16.10
Sections
16.10.010
16.10.020
16.10.030
16.10.040
Purpose.
Dog control zones—Determination of need by county commissioners.
Dog control zones—Public hearing, publication of notice.
Dog control zones—Regulations—License fees, collection,
disposition.
Pet animals—Taking, concealing, injuring, killing, etc.—Penalty: RCW
9.08.070.
16.10.010 Purpose. The purpose of this chapter is to
provide for the licensing of dogs within specific areas of particular counties. [1969 c 72 § 1.]
16.10.010
16.10.020 Dog control zones—Determination of need
by county commissioners. County commissioners may, if
the situation so requires, establish dog control zones within
high density population districts, or other specified areas, of a
county outside the corporate limits of any city, and outside
the corporate limits of any organized township. For such
zones, licensing regulations may be established which shall
not necessarily be operative in sparsely settled rural districts,
or in other portions of the county where they may not be
16.10.020
[Title 16 RCW—page 5]
16.10.030
Title 16 RCW: Animals and Livestock
needed. In determining the need for such zones, and in drawing their boundaries, county commissioners shall take into
consideration the following factors:
(1) The density of population in the area proposed to be
zoned;
(2) Zoning regulations, if any, in force in the area proposed to be zoned;
(3) The public health, safety and welfare within the area
proposed to be zoned.
If the commissioners shall find that the area proposed to
be zoned is heavily populated, or that the purposes for which
the land is being used therein require that dogs be controlled,
or that the health, safety, and welfare of the people in the area
require such control, they may propose the establishment of a
dog control zone. [1969 c 72 § 2.]
16.10.030 Dog control zones—Public hearing, publication of notice. In determining whether a dog control zone
should be established, the county commissioners shall call a
public hearing, notice of which shall be published once a
week for each of four consecutive weeks prior thereto in a
newspaper of general circulation within the proposed zone.
At such a hearing, proponents and opponents of the proposed
dog control zone may appear and present their views. The
final decision of the commissioners with respect to the establishment of such a zone shall not be made until the conclusion
of the hearing. [1969 c 72 § 3.]
16.10.030
16.10.040 Dog control zones—Regulations—License
fees, collection, disposition. The county commissioners
shall by ordinance promulgate the regulations to be enforced
within a dog control zone. These shall include provisions for
the control of unlicensed dogs and the establishment of
license fees. The county sheriff and/or other agencies designated by the county commissioners shall be responsible for
the enforcement of the act, including the collection of license
fees. Fees collected shall be transferred to the current expense
fund of each county. [1969 c 72 § 4.]
16.10.040
Chapter 16.24
Chapter 16.24 RCW
STOCK RESTRICTED AREAS
Sections
16.24.010
16.24.020
16.24.030
16.24.040
16.24.050
16.24.060
16.24.065
16.24.070
16.24.090
16.24.100
16.24.110
16.24.120
16.24.130
16.24.140
16.24.150
16.24.160
16.24.170
16.24.180
16.24.190
16.24.200
16.24.210
Restricted areas—Range areas.
Hearing—Notice.
Order establishing area—Publication.
Penalty.
Change of boundaries.
Road signs in range areas.
Stock at large in restricted areas—Running at large on state or
federal land.
Stock on highway right-of-way—Limitations.
Animals at large—Limitations—Defense.
Prosecution—Proof of ownership.
Public nuisance—Impounding.
Impounding—Procedure.
Impounding—Notice—Copy to owner.
Impounding—Owner to pay costs.
Sale of impounded animal—Retroactive effect.
Conduct of sale—Disposition of proceeds.
Purchase of animal, restrictions.
Castration or gelding of stock at large.
Bull breed restrictions.
Bull ratio restrictions.
Bull breed and ratio restrictions not applicable to counties west
of Cascades.
[Title 16 RCW—page 6]
16.24.220
16.24.230
Separating estrays from herd.
Moving another’s livestock from range.
16.24.010 Restricted areas—Range areas. The
county legislative authority of any county of this state shall
have the power to designate by an order made and published,
as provided in RCW 16.24.030, certain territory as stock
restricted area within such county in which it shall be unlawful to permit livestock of any kind to run at large. No territory
so designated shall be less than two square miles in area.
RCW 16.24.010 through 16.24.065 shall not affect counties
having adopted township organization. All territory not so
designated shall be range area, in which it shall be lawful to
permit cattle, horses, mules, or donkeys to run at large: PROVIDED, That the county legislative authority may designate
areas where it shall be unlawful to permit any livestock other
than cattle to run at large. [1989 c 286 § 4; 1937 c 40 § 1;
1911 c 25 § 1; RRS § 3068. Prior: 1907 c 230 § 1; 1905 c 91
§ 1; R & B § 3166.]
16.24.010
Additional notes found at www.leg.wa.gov
16.24.020 Hearing—Notice. *Within sixty days after
the taking effect of RCW 16.24.010 through 16.24.065, the
county legislative authority of each of the several counties of
the state may make an order fixing a time and place when a
hearing will be had, notice of which shall be published at
least once each week for two successive weeks in some newspaper having a general circulation within the county. It shall
be the duty of the county legislative authority at the time
fixed for such hearing, or at the time to which such hearing
may be adjourned, to hear all persons interested in the establishment of range areas or stock restricted areas as defined in
RCW 16.24.010 through 16.24.065. [1989 c 286 § 5; 1937 c
40 § 2; 1923 c 33 § 1; 1911 c 25 § 2; RRS § 3069.]
16.24.020
*Reviser’s note: RCW 16.24.010 through 16.24.065 took effect March
1, 1937.
Additional notes found at www.leg.wa.gov
16.24.030 Order establishing area—Publication.
Within thirty days after the conclusion of any such hearing
the county legislative authority shall make an order describing the stock restricted areas within the county where livestock may not run at large, which order shall be entered upon
the records of the county and published in a newspaper having general circulation in such county at least once each week
for four successive weeks. [1989 c 286 § 6; 1937 c 40 § 3;
1923 c 33 § 2; 1911 c 25 § 3; RRS § 3070.]
16.24.030
Additional notes found at www.leg.wa.gov
16.24.040 Penalty. Any person, or any agent, employee
or representative of a corporation, violating any of the provisions of such order after the same shall have been published
or posted as provided in RCW 16.24.030 or, violating any
provision of this chapter, shall be guilty of a misdemeanor.
[1975 c 38 § 1; 1911 c 25 § 4; RRS § 3071.]
16.24.040
16.24.050 Change of boundaries. When the county
legislative authority of any county deem[s] it advisable to
change the boundary or boundaries of any stock restricted
area, a hearing shall be held in the same manner as provided
in RCW 16.24.020. If the county legislative authority decides
16.24.050
(2010 Ed.)
Stock Restricted Areas
to change the boundary or boundaries of any stock restricted
area or areas, it shall within thirty days after the conclusion of
such hearing make an order describing said change or
changes. Such order shall be entered upon the records of the
county and published in a newspaper having general circulation in such county once each week for four successive
weeks. [1989 c 286 § 7; 1937 c 40 § 4; 1923 c 93 § 1; RRS §
3070-1.]
Additional notes found at www.leg.wa.gov
16.24.060 Road signs in range areas. At the point
where a public road enters a range area, and at such other
points thereon within such area as the county legislative
authority shall designate, there shall be erected a road sign
bearing the words: "RANGE AREA. WATCH OUT FOR
LIVESTOCK." [1989 c 286 § 8; 1937 c 40 § 5; RRS § 30702.]
16.24.060
Additional notes found at www.leg.wa.gov
16.24.065 Stock at large in restricted areas—Running at large on state or federal land. (1) No person owning or in control of any livestock shall willfully or negligently
allow such livestock to run at large in any stock restricted
area or to wander or stray upon the right-of-way of any public
highway lying within a stock restricted area when not in the
charge of some person.
(2) Livestock may run at large upon lands belonging to
the state of Washington or the United States only when the
owner of the livestock has been granted grazing privileges in
writing. [1989 c 286 § 9; 1985 c 415 § 20; 1937 c 40 § 6;
RRS § 3070-3. Formerly RCW 16.24.070, part.]
16.24.065
Additional notes found at www.leg.wa.gov
16.24.070 Stock on highway right-of-way—Limitations. It shall be unlawful for any person to herd or move any
livestock over, along or across the right-of-way of any public
highway, or portion thereof, within any stock restricted area,
without having in attendance a sufficient number of persons
to control the movement of such livestock and to warn or otherwise protect vehicles traveling upon such public highway
from any danger by reason of such livestock being herded or
moved thereon. [1989 c 286 § 10; 1937 c 189 § 127; RRS §
6360-127, part. Prior: 1927 c 309 § 41, part; RRS § 6362-41,
part. FORMER PART OF SECTION: 1937 c 40 § 6; RRS §
3070-3, now codified as RCW 16.24.065. Formerly RCW
16.24.070 and 16.24.080.]
16.24.070
Additional notes found at www.leg.wa.gov
16.24.090 Animals at large—Limitations—Defense.
Except as provided in chapter 16.24 RCW, a person who
owns or has possession, charge, or control of horses, mules,
donkeys, cattle, goats, sheep or swine shall not negligently
allow them to run at large at any time or within any territory.
It shall not be necessary for any person to fence against such
animals, and it shall be no defense to any action or proceedings brought pursuant to this chapter or chapter 16.04 RCW
that the party injured by or restraining such animals did not
have his or her lands enclosed by a lawful fence: PROVIDED, That such animals may be driven upon the highways
16.24.090
(2010 Ed.)
16.24.130
while in charge of sufficient attendants. [1989 c 286 § 14;
1911 c 25 § 5; RRS § 3072. Formerly RCW 16.12.010, part.]
Additional notes found at www.leg.wa.gov
16.24.100 Prosecution—Proof of ownership. In any
prosecution under chapter 16.24 RCW proof that the animal
running at large is branded with the registered or known
brand of the defendant shall be prima facie evidence that the
defendant is the owner of said animal. [1989 c 286 § 3; 1895
c 124 § 2; RRS § 3086. Formerly RCW 16.16.020.]
16.24.100
Additional notes found at www.leg.wa.gov
16.24.110 Public nuisance—Impounding. Any
horses, mules, donkeys, or cattle of any age running at large
or trespassing in violation of chapter 16.24 RCW as now or
hereafter amended, which are not restrained as provided by
RCW 16.04.010, are declared to be a public nuisance. The
sheriff of the county where found and the nearest brand
inspector shall have authority to impound such animals
which are not restrained as provided by RCW 16.04.010.
[1989 c 286 § 11; 1985 c 415 § 16; 1979 c 154 § 6; 1975 1st
ex.s. c 7 § 14; 1951 c 31 § 2. Formerly RCW 16.13.020.]
16.24.110
Additional notes found at www.leg.wa.gov
16.24.120 Impounding—Procedure. Upon taking
possession of any livestock at large contrary to the provisions
of *RCW 16.13.020, or any unclaimed livestock submitted or
impounded, by any person, at any public livestock market or
any other facility approved by the director, the sheriff or
brand inspector shall cause it to be transported to and
impounded at the nearest public livestock market licensed
under chapter 16.65 RCW or at such place as approved by the
director. If the sheriff has impounded an animal in accordance with this section, he shall forthwith notify the nearest
brand inspector of the department of agriculture, who shall
examine the animal and, by brand, tattoo, or other identifying
characteristic, shall attempt to ascertain the ownership
thereof. [1989 c 286 § 12; 1979 c 154 § 7; 1975 1st ex.s. c 7
§ 15; 1951 c 31 § 3. Formerly RCW 16.13.030.]
16.24.120
*Reviser’s note: RCW 16.13.020 was recodified as RCW 16.24.110
pursuant to 1989 c 286 § 18.
Additional notes found at www.leg.wa.gov
16.24.130 Impounding—Notice—Copy to owner.
The brand inspector shall cause to be published once in a
newspaper published in the county where the animal was
found, a notice of the impounding.
The notice shall state:
(1) A description of the animal, including brand, tattoo
or other identifying characteristics;
(2) When and where found;
(3) Where impounded; and
(4) That if unclaimed, the animal will be sold at a public
livestock market sale or other public sale, and the date of such
sale: PROVIDED, That if no newspaper shall be published
in such county, copies of the notice shall be posted at four
commonly frequented places therein.
If the animal is marked with a brand or tattoo which is
registered with the director of agriculture, the brand inspector, on or before the date of publication or posting, shall send
16.24.130
[Title 16 RCW—page 7]
16.24.140
Title 16 RCW: Animals and Livestock
a copy of the notice to the owner of record by registered mail.
[1995 c 374 § 69; 1975 1st ex.s. c 7 § 16; 1951 c 31 § 4. Formerly RCW 16.13.040.]
Additional notes found at www.leg.wa.gov
16.24.140 Impounding—Owner to pay costs. Upon
claiming any animal impounded under this chapter, the
owner shall pay all costs of transportation, advertising, legal
proceedings, and keep of the animal, except as provided
under RCW 16.04.100. [1994 c 263 § 2; 1989 c 286 § 13;
1951 c 31 § 5. Formerly RCW 16.13.050.]
16.24.140
Additional notes found at www.leg.wa.gov
16.24.150 Sale of impounded animal—Retroactive
effect. If no person shall claim the animal within ten days
after the date of publication or posting of the notice, it shall
be sold at the next succeeding public livestock market sale to
be held at the sales yard where impounded, provided that in
the director’s discretion the department of agriculture may
otherwise cause the animal to be sold at public sale.
The legislature intends this to be a clarification of existing law; therefore, this section shall have retroactive effect as
of December 1, 1994. [1995 c 374 § 70; 1975 1st ex.s. c 7 §
17; 1951 c 31 § 6. Formerly RCW 16.13.060.]
16.24.150
Additional notes found at www.leg.wa.gov
16.24.160 Conduct of sale—Disposition of proceeds.
The proceeds of the sale of animals impounded under this
chapter, after deducting the costs of sale, shall be impounded
in the estray fund of the department of agriculture, and if no
valid claim is made within one year from the date of sale, the
director of the department of agriculture shall transfer the
proceeds of sale to the brand fund of the department to be
used for the enforcement of this chapter. [1985 c 415 § 17;
1951 c 31 § 7. Formerly RCW 16.13.070.]
16.24.160
16.24.170 Purchase of animal, restrictions. No law
enforcement officer shall, directly or indirectly, purchase any
animal sold under the provisions of this chapter, or any interest therein. [1951 c 31 § 8. Formerly RCW 16.13.080.]
16.24.170
16.24.180 Castration or gelding of stock at large. It
shall be lawful for any person having cows or heifers running
at large in this state to take up or capture and castrate, at the
risk of the owner, at any time between the first day of March
and the fifteenth day of May, any bull above the age of ten
months found running at large out of the enclosed grounds of
the owner or keeper. It shall be lawful for any person to take
up or capture and geld, at the risk of the owner, between April
1 and September 30 of any year, any stud horse or jackass or
any male mule above the age of eighteen months found running at large out of the enclosed grounds of the owner or
keeper. If the said animal shall die, as a result of such castration, the owner shall have no recourse against the person who
shall have taken up or captured and castrated, or caused to be
castrated, the said animal: PROVIDED, Such act of castration shall have been skillfully done by a person accustomed
to doing the same: AND PROVIDED FURTHER, That if the
person so taking up or capturing such animal, or causing it to
be so taken up or captured, shall know the owner or keeper of
16.24.180
[Title 16 RCW—page 8]
such animal, and shall know that said animal is being kept for
breeding purposes, it shall be his duty forthwith to notify
such owner or keeper of the taking up of said animal, and if
such owner or keeper shall not within two days after being so
notified pay for the reasonable costs of keeping of said animal, and take and safely keep said animal thereafter within
his own enclosures, then it shall be lawful for the taker-up of
said animal to castrate the same, and the owner thereof shall
pay a reasonable sum for such act of castration, if done skillfully, as hereinbefore required, and shall also pay for the
keeping of said animal as above provided, and the amount for
which he may be liable therefor may be recovered in an
action at law in any court having jurisdiction thereof: AND
PROVIDED FURTHER, That if said animal should be found
running at large a third time within the same year, and within
the prohibited dates hereinbefore mentioned, it shall be lawful for any person to capture and castrate the animal without
giving any notice to the owner or keeper whatever. For purposes of this section, geld and castrate shall have the same
meaning. [1989 c 286 § 15; 1965 c 66 § 4; 1890 p 453 § 1;
RRS § 3081. Formerly RCW 16.20.010.]
Additional notes found at www.leg.wa.gov
16.24.190 Bull breed restrictions. It shall be unlawful
for any person, firm, association or corporation to turn upon
or allow to run at large on any range area in this state any bull
other than a registered bull of a recognized beef breed. All
persons running cattle in common on any range area may,
however, agree to run any purebred or crossbred bull of any
breed, registered or unregistered, as they may deem appropriate for their area. [1986 c 177 § 1; 1985 c 415 § 18; 1917 c
111 § 1; RRS § 3082. Formerly RCW 16.20.020.]
16.24.190
16.24.200 Bull ratio restrictions. Before any person,
firm, association or corporation turns upon a range area in
this state any female cattle of breeding age of more than fifteen in number, they shall procure and turn with said female
breeding cattle one registered bull of recognized beef breed
for every forty females or fraction thereof of twenty-five or
over. All persons running cattle in common on any range area
may, however, agree to any other proportion of bulls to
female cattle of breeding age as they may deem appropriate
for their area. [1986 c 177 § 2; 1917 c 111 § 2; RRS § 3083.
Formerly RCW 16.20.030.]
16.24.200
16.24.210 Bull breed and ratio restrictions not applicable to counties west of Cascades. RCW 16.24.190 and
16.24.200 shall not apply to counties lying west of the summit of the Cascade mountains. [1989 c 286 § 17; 1985 c 415
§ 19. Formerly RCW 16.20.035.]
16.24.210
Additional notes found at www.leg.wa.gov
16.24.220 Separating estrays from herd. It shall be
the duty of any and all persons searching or hunting for stray
horses, mules or cattle, to drive the band or herd in which
they may find their stray horses, mules or cattle, into the nearest corral before separating their said stray animals from the
balance of the herd or band; that in order to separate their said
stray animals from the herd or band, the person or persons
owning said stray shall drive them out of and away from the
16.24.220
(2010 Ed.)
Dangerous Wild Animals
corral in which they may be driven before setting the herd at
large. [1989 c 286 § 16; 1987 c 202 § 181; 1969 ex.s. c 199
§ 14; Code 1881 § 2537; RRS § 3050. Prior: 1869 pp 408,
409 §§ 1, 2. Formerly RCW 16.28.160.]
Intent—1987 c 202: See note following RCW 2.04.190.
Additional notes found at www.leg.wa.gov
16.24.230 Moving another’s livestock from range.
No person shall remove any livestock belonging to another
from the range on which they are permitted to run at large,
without the prior consent of the owner thereof. The owner of
any livestock may move his or her own livestock, together
with such other livestock as cannot be separated from his or
her own, to the nearest corral, or other facility in order to separate his or her own livestock, if the other livestock are
returned to the same location from which they were moved
within twenty-four hours. [1985 c 415 § 21; 1891 c 12 § 1;
RRS § 3048. Formerly RCW 16.28.170, part. Formerly RCW
16.28.165.]
16.24.230
Chapter 16.30
Chapter 16.30 RCW
DANGEROUS WILD ANIMALS
Sections
16.30.005
16.30.010
16.30.020
16.30.030
16.30.040
16.30.050
16.30.060
16.30.070
16.30.900
Intent.
Definitions.
Exceptions.
Prohibited behavior.
Confiscation—Duties of animal control authority or law
enforcement officer.
City or county ordinances.
Violations—Civil penalty.
Enforcement of provisions.
Severability—2007 c 238.
16.30.005 Intent. It is the intent of the state of Washington to protect the public against the serious health and
safety risks that dangerous wild animals pose to the community. [2007 c 238 § 1.]
16.30.005
16.30.010 Definitions. (1) "Animal control authority"
means an entity acting alone or in concert with other local
governmental units for enforcement of the animal control
laws of the city, county, and state and the shelter and welfare
of animals.
(2) "Potentially dangerous wild animal" means one of
the following types of animals, whether bred in the wild or in
captivity, and any or all hybrids thereof:
(a) Class mammalia
(i) Order carnivora
(A) Family felidae, only lions, tigers, captive-bred cougars, jaguars, cheetahs, leopards, snow leopards, and clouded
leopards;
(B) Family canidae, wolves, excluding wolf-hybrids;
(C) Family ursidae, all bears;
(D) Family hyaenidae, such as hyenas;
(ii) Order perissodactyla, only rhinoceroses;
(iii) Order primates, all nonhuman primate species;
(iv) Order proboscidae, all elephants [elephant] species;
(b) Class reptilia
(i) Order squamata
(A) Family atractaspidae, all species;
16.30.010
(2010 Ed.)
16.30.020
(B) Family colubridae, only dispholidus typus;
(C) Family elapidae, all species, such as cobras, mambas, kraits, coral snakes, and Australian tiger snakes;
(D) Family hydrophiidae, all species, such as sea snakes;
(E) Family varanidae, only water monitors and crocodile
monitors;
(F) Family viperidae, all species, such as rattlesnakes,
cottonmouths, bushmasters, puff adders, and gaboon vipers;
(ii) Order crocodilia, all species, such as crocodiles, alligators, caimans, and gavials.
(3) "Person" means any individual, partnership, corporation, organization, trade or professional association, firm,
limited liability company, joint venture, association, trust,
estate, or any other legal entity, and any officer, member,
shareholder, director, employee, agent, or representative
thereof.
(4) "Possessor" means any person who owns, possesses,
keeps, harbors, brings into the state, or has custody or control
of a potentially dangerous wild animal.
(5) "Wildlife sanctuary" means a nonprofit organization,
as described in RCW 84.36.800, that cares for animals
defined as potentially dangerous and:
(a) No activity that is not inherent to the animal’s nature,
natural conduct, or the animal in its natural habitat is conducted;
(b) No commercial activity involving an animal occurs
including, but not limited to, the sale of or trade in animals,
animal parts, animal by-products, or animal offspring, or the
sale of photographic opportunities involving an animal, or the
use of an animal for any type of entertainment purpose;
(c) No unescorted public visitations or direct contact
between the public and an animal; or
(d) No breeding of animals occurs in the facility. [2007
c 238 § 2.]
16.30.020 Exceptions. (1) The provisions of this chapter do not apply to:
(a) Institutions authorized by the Washington department of fish and wildlife to hold, possess, and propagate deleterious exotic wildlife pursuant to RCW 77.12.047;
(b) Institutions accredited or certified by the American
zoo and aquarium association or a facility with a current
signed memorandum of participation with an association of
zoos and aquariums species survival plan;
(c) Duly incorporated nonprofit animal protection organizations, such as humane societies and shelters, housing an
animal at the written request of the animal control authority
or acting under the authority of this chapter;
(d) Animal control authority, law enforcement officers,
or county sheriffs acting under the authority of this chapter;
(e) Veterinary hospitals or clinics;
(f) A holder of a valid wildlife rehabilitation permit
issued by the Washington department of fish and wildlife;
(g) Any wildlife sanctuary as defined under RCW
16.30.010(5);
(h) A research facility as defined by the animal welfare
act, 7 U.S.C.A. 2131, as amended, for the species of animals
for which they are registered. This includes but is not limited
to universities, colleges, and laboratories holding a valid
class R license under the animal welfare act;
16.30.020
[Title 16 RCW—page 9]
16.30.030
Title 16 RCW: Animals and Livestock
(i) Circuses, defined as incorporated, class C licensees
under the animal welfare act, 7 U.S.C.A. 2131, as amended,
that are temporarily in this state, and that offer performances
by live animals, clowns, and acrobats for public entertainment;
(j) A person temporarily transporting and displaying a
potentially dangerous wild animal through the state if the
transit time is not more than twenty-one days and the animal
is at all times maintained within a confinement sufficient to
prevent the animal from escaping;
(k) Domesticated animals subject to this title or native
wildlife subject to Title 77 RCW;
(l) A person displaying animals at a fair approved by the
Washington department of agriculture pursuant to chapter
15.76 or 36.37 RCW; and
(m) A game farm meeting the requirements of WAC
232-12-027(1).
(2) This chapter does not require a city or county that
does not have an animal control authority to create that
office. [2007 c 238 § 3.]
the possessor of the confiscation, that the possessor is responsible for payment of reasonable costs for caring and providing for the animal during the confiscation, and that the possessor must meet the requirements of subsection (2) of this
section in order for the animal to be returned to the possessor.
(4) If a potentially dangerous wild animal confiscated
under this section is not returned to the possessor, the animal
control authority or law enforcement officer may release the
animal to a facility such as a wildlife sanctuary or a facility
exempted pursuant to RCW 16.30.020. If the animal control
authority or law enforcement officer is unable to relocate the
animal within a reasonable period of time, it may euthanize
the animal.
(5) An animal control authority or law enforcement
officer may euthanize a potentially dangerous wild animal
under this section only if all known reasonable placement
options, including relocation to a wildlife sanctuary, are
unavailable.
(6) This section applies to animal confiscations on or
after July 22, 2007. [2007 c 238 § 5.]
16.30.030 Prohibited behavior. (1) A person shall not
own, possess, keep, harbor, bring into the state, or have custody or control of a potentially dangerous wild animal, except
as provided in subsection (3) of this section.
(2) A person shall not breed a potentially dangerous wild
animal.
(3) A person in legal possession of a potentially dangerous wild animal prior to July 22, 2007, and who is the legal
possessor of the animal may keep possession of the animal
for the remainder of the animal’s life. The person must maintain veterinary records, acquisition papers for the animal, if
available, or other documents or records that establish that
the person possessed the animal prior to July 22, 2007, and
present the paperwork to an animal control or law enforcement authority upon request. The person shall have the burden of proving that he or she possessed the animal prior to
July 22, 2007. [2007 c 238 § 4.]
16.30.050 City or county ordinances. A city or county
may adopt an ordinance governing potentially dangerous
wild animals that is more restrictive than this chapter. However, nothing in this chapter requires a city or county to adopt
an ordinance to be in compliance with this chapter. [2007 c
238 § 6.]
16.30.030
16.30.040 Confiscation—Duties of animal control
authority or law enforcement officer. (1) The animal control authority or a law enforcement officer may immediately
confiscate a potentially dangerous wild animal if:
(a) The animal control authority or law enforcement
officer has probable cause to believe that the animal was
acquired after July 22, 2007, in violation of RCW 16.30.030;
(b) The animal poses a public safety or health risk;
(c) The animal is in poor health and condition as a result
of the possessor; or
(d) The animal is being held in contravention of the [this]
act.
(2) A potentially dangerous wild animal that is confiscated under this section may be returned to the possessor only
if the animal control authority or law enforcement officer
establishes that the possessor had possession of the animal
prior to July 22, 2007, and the return does not pose a public
safety or health risk.
(3) The animal control authority or law enforcement
officer shall serve notice upon the possessor in person or by
regular and certified mail, return receipt requested, notifying
16.30.040
[Title 16 RCW—page 10]
16.30.050
16.30.060 Violations—Civil penalty. A person who
violates RCW 16.30.030 is liable for a civil penalty of not
less than two hundred dollars and not more than two thousand
dollars for each animal with respect to which there is a violation and for each day the violation continues. [2007 c 238 §
7.]
16.30.060
16.30.070 Enforcement of provisions. (1) The animal
control authority and its staff and agents, local law enforcement agents, and county sheriffs are authorized and empowered to enforce the provisions of this chapter.
(2) If a locality does not have a local animal control
authority, the department of fish and wildlife shall enforce
the provisions of this chapter. [2007 c 238 § 8.]
16.30.070
16.30.900 Severability—2007 c 238. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2007 c 238 § 9.]
16.30.900
Chapter 16.36
Chapter 16.36 RCW
ANIMAL HEALTH
(Formerly: Diseases—Quarantine—Garbage feeding)
Sections
16.36.005
16.36.010
16.36.020
16.36.023
16.36.025
16.36.040
Definitions.
Quarantine—Hold order.
Powers of director.
Fees—Rules.
Recovery of costs.
Rules—Prevention—Inspections and tests—Reportable disease—Federal regulations.
(2010 Ed.)
Animal Health
16.36.045
16.36.050
16.36.060
16.36.070
16.36.080
16.36.082
16.36.084
16.36.086
16.36.090
16.36.096
16.36.098
16.36.100
16.36.102
16.36.105
16.36.110
16.36.113
16.36.116
16.36.128
16.36.140
Transporting of animals—Requirements—Vehicle inspection—Authorization by director or appointed officers.
Unlawful actions—Importation—Required certificates—
Intentional or willful misconduct.
Tests, examinations, inspections, samples, examine and copy
records—Entry onto property—Unlawful conduct—Seizure
of property—Search warrant.
Danger of infection—Emergencies.
Veterinarians and others to report diseases—Director’s
duties—Unlawful importation.
Infected or exposed animals—Unlawful to transfer or expose
other animals.
Duty to report infection or exposure to disease—Unlawful
conduct.
Negligence of owner of infected livestock—Liability.
Destruction of diseased or quarantined animals.
Destruction of animals—Payment of indemnity.
Quarantine, hold order, or destruct order—Written request for
hearing.
Cooperation with other governmental agencies.
Duty to bury carcass of diseased livestock—Dead livestock
presumed diseased.
Swine, garbage feeding, license—Application—Fee—Inspection.
Violations, gross misdemeanor—Injunction—Denial, revocation, or suspension of license.
Violations of chapter or rules—Civil penalty—Moneys collected.
Civil infraction—Live nonambulatory livestock—Monetary
penalty—Authorization by director—Issuance of notices—
Enforcement.
Application of Title 77 RCW.
Bringing livestock into the state—Securing a certificate of veterinary inspection required—Exemptions—Director’s
authority—Time and mileage fee—Rules.
Implied warranty not applying to livestock as free from disease: RCW
62A.2-316.
16.36.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Animal" means all members of the animal kingdom
except humans, fish, and insects. However, "animal" does
not mean noncaptive wildlife as defined in RCW 77.08.010,
except as used in RCW 16.36.050(1) and 16.36.080 (1), (2),
(3), and (5).
(2) "Animal reproductive product" means sperm, ova,
fertilized ova, and embryos from animals.
(3) "Certificate of veterinary inspection" means a legible
veterinary health inspection certificate on an official electronic or paper form from the state of origin or from the animal and plant health inspection service (APHIS) of the
United States department of agriculture, executed by a
licensed and accredited veterinarian or a veterinarian
approved by the animal and plant health inspection service.
"Certificate of veterinary inspection" is also known as an
"official health certificate."
(4) "Communicable disease" means a disease due to a
specific infectious agent or its toxic products transmitted
from an infected person, animal, or inanimate reservoir to a
susceptible host, either directly or indirectly through an intermediate plant or animal host, vector, or the environment.
(5) "Contagious disease" means a communicable disease
that is capable of being easily transmitted from one animal to
another animal or a human.
(6) "Department" means the department of agriculture of
the state of Washington.
(7) "Deputized state veterinarian" means a Washington
state licensed and accredited veterinarian appointed and com16.36.005
(2010 Ed.)
16.36.005
pensated by the director according to state law and department policies.
(8) "Director" means the director of the department or
his or her authorized representative.
(9) "Farm-raised fish" means fish raised by aquaculture
as defined in RCW 15.85.020. Farm-raised fish are considered to be a part of animal agriculture; however, disease
inspection, prevention, and control programs and related
activities for farm-raised fish are administered by the department of fish and wildlife under chapter 77.115 RCW.
(10) "Garbage" means the solid animal and vegetable
waste and offal together with the natural moisture content
resulting from the handling, preparation, or consumption of
foods in houses, restaurants, hotels, kitchens, markets, meat
shops, packing houses and similar establishments or any
other food waste containing meat or meat products.
(11) "Herd or flock plan" means a written management
agreement between the owner of a herd or flock and the state
veterinarian, with possible input from a private accredited
veterinarian designated by the owner and the area veterinarian-in-charge of the United States department of agriculture,
animal and plant health inspection service, veterinary services in which each participant agrees to undertake actions
specified in the herd or flock plan to control the spread of
infectious, contagious, or communicable disease within and
from an infected herd or flock and to work toward eradicating
the disease in the infected herd or flock.
(12) "Hold order" means an order by the director to the
owner or agent of the owner of animals or animal reproductive products which restricts the animals or products to a designated holding location pending an investigation by the
director of the disease, disease exposure, well-being, movement, or import status of the animals or animal reproductive
products.
(13) "Infectious agent" means an organism including
viruses, rickettsia, bacteria, fungi, protozoa, helminthes, or
prions that is capable of producing infection or infectious disease.
(14) "Infectious disease" means a clinical disease of
humans or animals resulting from an infection with an infectious agent that may or may not be communicable or contagious.
(15) "Livestock" means horses, mules, donkeys, cattle,
bison, sheep, goats, swine, rabbits, llamas, alpacas, ratites,
poultry, waterfowl, game birds, and other species so designated by statute. "Livestock" does not mean free ranging
wildlife as defined in Title 77 RCW.
(16) "Person" means a person, persons, firm, or corporation.
(17) "Quarantine" means the placing and restraining of
any animal or its reproductive products by the owner or agent
of the owner within a certain described and designated enclosure or area within this state, or the restraining of any animal
or its reproductive products from entering this state, as may
be directed in an order by the director.
(18) "Reportable disease" means a disease designated by
rule by the director as reportable to the department by veterinarians and others made responsible to report by statute.
(19) "Veterinary biologic" means any virus, serum,
toxin, and analogous product of natural or synthetic origin, or
product prepared from any type of genetic engineering, such
[Title 16 RCW—page 11]
16.36.010
Title 16 RCW: Animals and Livestock
as diagnostics, antitoxins, vaccines, live microorganisms,
killed microorganisms, and the antigenic or immunizing
components intended for use in the diagnosis, treatment, or
prevention of diseases in animals. [2010 c 66 § 1; 2003 c 39
§ 9; 1998 c 8 § 1; 1987 c 163 § 1; 1953 c 17 § 1.]
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
16.36.010 Quarantine—Hold order. (1) The director
shall supervise the prevention of the spread and the suppression of infectious, contagious, communicable, and dangerous
diseases affecting animals within, in transit through, and
imported into the state.
(2) The director may issue a quarantine order and
enforce the quarantine of any animal or its reproductive products when any animal or its reproductive products are
affected with or have been exposed to disease or when there
is reasonable cause to investigate whether any animal or its
reproductive products are affected with or have been exposed
to disease, either within or outside the state. Overt disease or
exposure to disease in any animal or its reproductive products
need not be immediately obvious for a quarantine order to be
issued or enforced. The quarantine shall remain in effect as
long as the director deems necessary.
(3) The director may issue a hold order when:
(a) Overt disease or exposure to disease in an animal is
not immediately obvious but there is reasonable cause to
investigate whether an animal is diseased or has been
exposed to disease;
(b) Import health papers, permits, or other transportation
documents required by law or rule are not complete or are
suspected to be fraudulent; or
(c) Further transport of an animal would jeopardize the
well-being of the animal or other animals in Washington
state.
A hold order is in effect for fourteen days and expires
when released by the director or no later than midnight on the
fourteenth day from the date of the hold order. A hold order
may be replaced with a quarantine order for the purpose of
animal disease control.
(4) Any animal or animal reproductive product placed
under a quarantine or hold order shall be kept separate and
apart from other animals designated in the instructions of the
quarantine or hold order, and shall not be allowed to have
anything in common with other animals.
(5) The expenses of handling and caring for any animal
or animal reproductive product placed under a quarantine or
hold order are the responsibility of the owner.
(6) The director has authority over the quarantine or hold
area until the quarantine or hold order is released or the hold
order expires.
(7) Any animal or animal reproductive product placed
under a quarantine or hold order may not be moved, transported, or sold without written approval from the director or
until the quarantine or hold order is released, or the hold order
expires.
(8) The director may administer oaths and examine witnesses and records in the performance of his or her duties to
control diseases affecting animals. [2007 c 71 § 5; 2004 c
251 § 1; 1998 c 8 § 2; 1927 c 165 § 2; RRS § 3111. Prior:
1915 c 100 § 6, part; 1903 c 26 § 2, part.]
16.36.010
[Title 16 RCW—page 12]
16.36.020 Powers of director. (1) The director shall
enforce and administer the provisions of this chapter pertaining to garbage feeding.
(2) The director has the authority to regulate the sale, distribution, and use of veterinary biologics in the state and may
adopt rules to restrict the sale, distribution, or use of any veterinary biologic in any manner necessary to protect the health
and safety of the public and the state’s animal population.
(3) The director has the authority to license and regulate
the activities of veterinary laboratories that do not have a veterinarian licensed under chapter 18.92 RCW present within
the management or staff of the veterinary laboratory. The
director may adopt rules to regulate these laboratories in any
manner necessary to protect the health and safety of the public and the public’s animals. [1998 c 8 § 3; 1987 c 163 § 2;
1979 c 154 § 8; 1953 c 17 § 2; 1947 c 172 § 1; 1933 c 177 §
1; 1927 c 165 § 1; formerly Rem. Supp. 1947 § 3110. Prior:
1915 c 100 § 5; 1901 c 112 § 2; 1895 c 167 § 2.]
16.36.020
Additional notes found at www.leg.wa.gov
16.36.023 Fees—Rules. (1) The director may adopt
rules establishing fees for:
(a) The establishment and inspection of animal holding
facilities authorized under this chapter;
(b) The inspection and monitoring of animals in authorized animal holding facilities; and
(c) Special inspections of animals or animal facilities
that the director may provide at the request of the animal
owner or interested persons.
(2) The fees shall, as closely as practicable, cover the
cost of the service provided.
(3) All fees collected under this section shall be deposited in an account in the agricultural local fund and used to
carry out the purposes of this chapter. [2008 c 285 § 28.]
16.36.023
Intent—Captions not law—Effective date—2008 c 285: See notes
following RCW 43.22.434.
16.36.025 Recovery of costs. The director may collect
moneys to recover the reasonable costs of printing and distributing certificates and other supplies to veterinarians.
[1998 c 8 § 19.]
16.36.025
16.36.040 Rules—Prevention—Inspections and
tests—Reportable disease—Federal regulations. (1) The
director may adopt and enforce rules necessary to carry out
the purpose and provisions of this chapter, and including:
(a) Preventing the introduction or spreading of infectious, contagious, communicable, or dangerous diseases
affecting animals in this state;
(b) Governing the inspection and testing of all animals
within or about to be imported into this state; and
(c) Designating any disease as a reportable disease.
(2) Rules to prevent the introduction or spread of infectious, contagious, communicable, or dangerous diseases
affecting animals in this state may differ from federal regulations by being more restrictive. [1998 c 8 § 4; 1979 c 154 §
10; 1947 c 172 § 3; 1927 c 165 § 4; Rem. Supp. 1947 § 3113.
Prior: 1915 c 100 § 4; 1901 c 112 § 2; 1895 c 167 § 2.]
16.36.040
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Animal Health
16.36.045 Transporting of animals—Requirements—Vehicle inspection—Authorization by director or
appointed officers. The director may establish points of
inspection for vehicles transporting animals on the public
roads of this state to determine if the animals being transported are accompanied by valid health certificates, permits,
or other documents as required by this chapter or its rules.
Vehicles transporting animals on the public roads of this state
are subject to inspection and must stop at any posted inspection point established by the director, with emphasis on livestock being brought in from outside the state. The director or
appointed officers are authorized to stop a vehicle transporting animals upon the public roads of this state at a place other
than an inspection point if there is reasonable cause to believe
the animals are being transported in violation of this chapter
or its rules. [2007 c 71 § 1.]
16.36.045
16.36.050 Unlawful actio ns—Importation—
Required certificates—Intentional or willful misconduct.
(1) It is unlawful for a person to bring an animal into Washington state without first securing a certificate of veterinary
inspection, reviewed by the state veterinarian of the state of
origin, verifying that the animal meets the Washington state
animal health requirements. This subsection does not apply
to:
(a) Livestock, which are governed by RCW 16.36.140;
or
(b) Other animals exempted by the director by rule.
(2) It is unlawful for a person to intentionally falsely
make, complete, alter, use, or sign a certificate of veterinary
inspection or official animal health document of the department.
(3) It is unlawful for a person to intentionally falsely
apply, alter, or remove an official animal health or official
animal identification tag, permanent mark, or other device.
(4) It is unlawful for a person to willfully hinder,
obstruct, or resist the director, or any peace officer or deputized state veterinarian acting under him or her, when
engaged in the performance of their duties.
(5) It is unlawful for a person to willfully fail to comply
with or to violate any rule or order adopted by the director
under this chapter. [2010 c 66 § 2; 2007 c 71 § 2; 1998 c 8 §
5; 1979 c 154 § 11; 1947 c 172 § 4; 1927 c 165 § 5; Rem.
Supp. 1947 § 3114. Prior: 1915 c 100 § 7; 1905 c 169 § 1;
1903 c 125 § 1.]
16.36.050
Additional notes found at www.leg.wa.gov
16.36.060 Tests, examinations, inspections, samples,
examine and copy records—Entry onto property—
Unlawful conduct—Seizure of property—Search warrant. (1) The director has the authority to enter a property at
any reasonable time to:
(a) Conduct tests, examinations, or inspections to take
samples, and to examine and copy records when there is reasonable cause to investigate whether animals on the property
or that have been on the property are infected with or have
been exposed to disease; and
(b) Determine, when there is reasonable cause to investigate, whether livestock on the property have been imported
into Washington state in violation of requirements of this
chapter, and to conduct tests, examinations, and inspections,
16.36.060
(2010 Ed.)
16.36.082
take samples, and examine and copy records during such
investigations.
(2) It is unlawful for any person to interfere with investigations, tests, inspections, or examinations, or to alter any
segregation or identification systems made in connection
with tests, inspections, or examinations conducted pursuant
to subsection (1) of this section.
(3) If the director is denied access to a property or animals for purposes of this chapter, or a person fails to comply
with an order of the director, the director may apply to a court
of competent jurisdiction for a search warrant. To show that
access is denied, the director shall file with the court an affidavit or declaration containing a description of all attempts to
notify and locate the owner or owner’s agent and secure consent. The court may issue a search warrant authorizing
access to any animal or property at reasonable times to conduct investigations, tests, inspections, or examinations of any
animal or property, or to take samples, and examine and copy
records, and may authorize seizure or destruction of property.
[2010 c 66 § 4; 2004 c 251 § 2; 1998 c 8 § 6; 1985 c 415 § 2;
1979 c 154 § 12; 1947 c 172 § 5; 1927 c 165 § 6; Rem. Supp.
1947 § 3115. Prior: 1895 c 167 § 3.]
Additional notes found at www.leg.wa.gov
16.36.070 Danger of infection—Emergencies. When
any local governing body notifies the director of the presence
or probable danger of infection from any animal diseases, the
director, state veterinarian, or a deputized state veterinarian
shall respond immediately and take appropriate action. In
case of an emergency, the director may appoint deputies or
assistants with equal power to act. [1998 c 8 § 7; 1947 c 172
§ 6; 1927 c 165 § 7; Rem. Supp. 1947 § 3116. Prior: 1895 c
167 § 4.]
16.36.070
16.36.080 Veterinarians and others to report diseases—Director’s duties—Unlawful importation. (1) Any
person licensed to practice veterinary medicine, surgery, and
dentistry in this state, veterinary laboratories, and others designated by this chapter shall immediately report in writing or
by telephone, facsimile, or electronic mail to the director the
existence or suspected existence of any reportable disease
among animals within the state.
(2) Persons using their own diagnostic services must
report any reportable disease among animals within the state
to the director.
(3) The director shall investigate and/or maintain records
of all cases of reportable diseases among animals within this
state.
(4) The director may require appropriate treatment of
any animal affected with, suspected of being affected with, or
that has been exposed to any reportable disease. The owner
may dispose of the animal rather than treating the animal as
required by the director.
(5) It is unlawful for any person to import any animal
infected with or exposed to a reportable disease without a
permit from the director. [1998 c 8 § 8; 1947 c 172 § 7; 1927
c 165 § 8; Rem. Supp. 1947 § 3117.]
16.36.080
16.36.082 Infected or exposed animals—Unlawful to
transfer or expose other animals. (1) It is unlawful for any
16.36.082
[Title 16 RCW—page 13]
16.36.084
Title 16 RCW: Animals and Livestock
person to sell, exchange, or give away any animal that he or
she knows:
(a) Is infected with any contagious, infectious, or communicable disease;
(b) Has been exposed to any contagious, communicable,
or infectious disease within the previous thirty days; or
(c) Has been treated for any condition within the previous thirty days;
without notifying the purchaser or person taking possession
of the animal of the infection, exposure, or treatment unless
the legal withdrawal period for any treatment has been met or
exceeded.
(2) It is unlawful for any owner or person in possession
of any animal having any contagious, communicable, or
infectious disease to knowingly:
(a) Turn out the animal onto enclosed lands adjoining the
enclosed lands of another that are kept for pasture or otherwise used for raising animals without notifying the owner of
the enclosed lands; or
(b) Stable the animal or allow the animal to be stabled in
any barn with other animals without notifying the other owners. [1998 c 8 § 14; 1927 c 165 § 26; RRS § 3135. Prior: See
Reviser’s note to RCW 16.44.020. Formerly RCW
16.44.130.]
Additional notes found at www.leg.wa.gov
16.36.096 Destruction of animals—Payment of
indemnity. In ordering the slaughter or destruction of any
animal, the director may pay an indemnity in an amount not
to exceed seventy-five percent of the appraised or salvage
value of the animal ordered slaughtered or destroyed. The
actual indemnity amount shall be established by the director
by rule. Payment of indemnity does not apply to an animal:
(1) Belonging to the federal government or any of its agencies, this state or any of its agencies, or any municipal corporation; or (2) that has been brought into this state in violation
of this chapter or rules adopted under this chapter. [1998 c 8
§ 10; 1985 c 415 § 4; 1963 ex.s. c 8 § 1.]
16.36.096
16.36.098 Quarantine, hold order, or destruct
order—Written request for hearing. Any person whose
animal or animal reproductive products are placed under a
quarantine, a hold order, or destruct order under RCW
16.36.090 may request a hearing. The request for a hearing
must be in writing and filed with the director. Any hearing
will be held in conformance with RCW 34.05.422 and
34.05.479. [2004 c 251 § 4; 1998 c 8 § 17.]
16.36.098
16.36.100 Cooperation with other governmental
agencies. The director is authorized to cooperate with and
enter into agreements with governmental agencies of this
state, other states, and agencies of federal government in
order to carry out the purpose and provisions of this chapter
and to promote consistency of regulation. [1998 c 8 § 11;
1927 c 165 § 10; RRS § 3119. Prior: 1901 c 112 § 3, part;
1895 c 167 § 5, part.]
16.36.100
16.36.084 Duty to report infection or exposure to disease—Unlawful conduct. Any person owning or having in
his or her control any livestock which become infected with
scrapie or another transmissible spongiform encephalopathy
(TSE) or which have been exposed to such disease, shall
immediately report the disease or exposure to the director. It
is unlawful for any person to fail to report or to attempt to
conceal the existence of any such disease. [1998 c 8 § 15;
1927 c 165 § 28; RRS § 3137. Prior: See Reviser’s note to
RCW 16.44.020. Formerly RCW 16.44.140.]
16.36.084
16.36.086 Negligence of owner of infected livestock—
Liability. When any livestock affected with any contagious,
infectious, or communicable disease mingle with any healthy
livestock belonging to another person, through the fault or
negligence of the owner of the diseased livestock or his or her
agent, the owner is liable for all damages sustained by the
owner of the healthy livestock. [1998 c 8 § 16; 1927 c 165 §
32; RRS § 3141. Prior: See Reviser’s note to RCW
16.44.020. Formerly RCW 16.44.160.]
16.36.086
16.36.102 Duty to bury carcass of diseased livestock—Dead livestock presumed diseased. Every person
owning or having in charge any livestock that has died
because of disease shall dispose of the carcass within a time
frame and in a manner prescribed in rule by the director,
which may include, but is not limited to, burial, composting,
incinerating, landfilling, natural decomposition, or rendering.
Any livestock found dead from an unknown cause is presumed to have died because of disease. [2006 c 155 § 1; 1949
c 100 § 2; Rem. Supp. 1949 § 3142-2. Formerly RCW
16.36.092, 16.68.020.]
16.36.102
16.36.105 Swine, garbage feeding, license—Application—Fee—Inspection. No person shall feed garbage to
swine without first obtaining a license from the director. The
license expires on June 30th of each year. Application for a
license shall be accompanied by a fee of ten dollars which
shall be credited to the general fund. The license is nontransferable and a separate license is required for each place of
business if an operator has more than one feeding station.
Upon receipt of an application for a license to feed garbage, the director shall inspect the premises and determine
whether the applicant meets the requirements of 9 C.F.R.
Chapter 1 Part 166 as adopted by rule and any other rules
adopted under this chapter. Upon approval of the application
by the director and compliance with the provisions of this
section, the applicant shall be issued a license. This section
16.36.105
16.36.090 Destruction of diseased or quarantined
animals. When public welfare demands, the director may
order the slaughter or destruction of any animal affected with
or exposed to any contagious, infectious, or communicable
disease that is affecting or may affect the health of the state’s
animal population. The director may order destruction of any
animal held under quarantine when public welfare demands
or the owner of the animal fails or refuses to follow a herd or
flock plan. The director shall give a written order directing
an animal be destroyed by or under the direction of the state
veterinarian. [2004 c 251 § 3; 1998 c 8 § 9; 1985 c 415 § 3;
1979 c 154 § 13; 1947 c 172 § 8; 1927 c 165 § 9; Rem. Supp.
1947 § 3118. Prior: 1901 c 112 § 3, part; 1895 c 167 § 5,
part.]
16.36.090
[Title 16 RCW—page 14]
(2010 Ed.)
Livestock Diseases—Diagnostic Service Program
does not apply to any person feeding garbage from his or her
own domestic household. [1998 c 8 § 12; 1953 c 17 § 4.]
Feeding of carcasses to swine: RCW 16.68.150.
16.36.110 Violations, gross misdemeanor—Injunction—Denial, revocation, or suspension of license. (1)
Any person who violates any provision of this chapter or the
rules adopted under this chapter shall be guilty of a gross misdemeanor. Each day upon which a violation occurs constitutes a separate violation.
(2) The director may bring an action to enjoin the violation of any provision of this chapter or any rule adopted under
this chapter in the superior court of Thurston county or of the
county in which such violation occurs notwithstanding the
existence of other remedies at law.
(3) The director may deny, revoke, or suspend any
license issued under this chapter for any failure or refusal to
comply with this chapter or rules adopted under this chapter.
Upon notice by the director to deny, revoke, or suspend a
license, a person may request a hearing under chapter 34.05
RCW. [1998 c 8 § 13; 1989 c 354 § 35; 1981 c 296 § 14;
1957 c 22 § 5. Prior: 1953 c 17 § 8; 1927 c 165 § 33; RRS §
3142.]
16.36.110
Additional notes found at www.leg.wa.gov
16.36.113 Violations of chapter or rules—Civil penalty—Moneys collected. Any person in violation of this
chapter or its rules may be subject to a civil penalty in an
amount of not more than one thousand dollars for each violation. Each violation is a separate and distinct offense. Every
person who, through an act of commission or omission, procures, aids, or abets in the violation is in violation of this
chapter or its rules and may be subject to the civil penalty
provided in this section. Moneys collected under this section
must be deposited in the state general fund. [2007 c 71 § 4.]
16.36.113
16.36.116 Civil infraction—Live nonambulatory
livestock—Monetary penalty—Authorization by director—Issuance of notices—Enforcement. (1) Any person
found transporting animals on the public roads of this state
that are not accompanied by valid health certificates, permits,
or other documents as required by this chapter or its rules has
committed a class 1 civil infraction.
(2) Any person who knowingly transports or accepts
delivery of live nonambulatory livestock to, from, or between
any livestock market, feedlot, slaughtering facility, or similar
facility that trades in livestock has committed a civil infraction and shall be assessed a monetary penalty not to exceed
one thousand dollars. The transport or acceptance of each
nonambulatory livestock animal is considered a separate and
distinct violation. Livestock that was ambulatory prior to
transport to a feedlot and becomes nonambulatory because of
an injury sustained during transport may be unloaded and
placed in a separate pen for rehabilitation at the feedlot. For
the purposes of this section, "nonambulatory livestock" has
the same meaning as in RCW 16.52.225.
(3) The director is authorized to issue notices of and
enforce civil infractions in the manner prescribed under chapter 7.80 RCW. [2009 c 347 § 1; 2007 c 71 § 3.]
16.36.116
(2010 Ed.)
Chapter 16.38
16.36.128 Application of Title 77 RCW. Certain animals defined in this chapter as livestock or animal may also
meet the definition of wildlife contained in Title 77 RCW.
This chapter does not allow importation, possession, or uses
of animals that are in violation of Title 77 RCW or the rules
adopted under that title, nor does it relieve the owners or possessors of wildlife from full compliance with the requirements of Title 77 RCW or the rules adopted under that title.
Rules adopted by the director shall not allow importation,
possession, or uses of animals that are in violation of Title 77
RCW or the rules adopted under that title. [1998 c 8 § 18.]
16.36.128
16.36.140 Bringing livestock into the state—Securing
a certificate of veterinary inspection required—Exemptions—Director’s authority—Time and mileage fee—
Rules. (1) It is unlawful for a person to bring livestock into
Washington state without first securing a certificate of veterinary inspection, reviewed by the state veterinarian of the
state of origin, verifying that the livestock meet Washington
state animal health requirements. This subsection does not
apply to livestock that:
(a) Have been exempted by the director by rule; or
(b) Will be delivered within twelve hours after entry into
Washington state to:
(i) An approved, inspected feed lot for slaughter;
(ii) A federally inspected slaughter plant; or
(iii) A licensed public livestock market for sale and subsequent delivery within twelve hours to:
(A) An approved, inspected feed lot for slaughter; or
(B) A federally inspected slaughter plant.
(2) The director may monitor livestock entering Washington state. Persons importing, transporting, receiving,
feeding, or housing imported livestock shall:
(a) Comply with the requirement and any exemptions
specified in subsection (1) of this section; and
(b) Make the livestock and related records available for
inspection by the director.
(3) The department may charge a time and mileage fee
for inspecting livestock and related records during an investigation of a proven violation of this section. The fee is eightyfive dollars per hour and the current mileage rate set by the
office of financial management. The director may increase
the hourly fee by rule as necessary to cover costs of investigations. All fees collected pursuant to this subsection shall
be deposited in an account in the agricultural local fund and
used to carry out the purposes of this chapter.
(4) The director may adopt and enforce rules necessary
to carry out the purpose and provisions of this section. [2010
c 66 § 3.]
16.36.140
Chapter 16.38
Chapter 16.38 RCW
LIVESTOCK DISEASES—
DIAGNOSTIC SERVICE PROGRAM
Sections
16.38.010
16.38.020
16.38.030
16.38.040
16.38.050
16.38.060
Declaration of purpose.
Director authorized to carry on diagnostic program.
Employment of personnel.
Agreements and/or contracts with other entities.
Acceptance of gifts, funds, equipment, etc.
Schedule of fees may be established—Use.
[Title 16 RCW—page 15]
16.38.010
Title 16 RCW: Animals and Livestock
Implied warranty not applying to livestock as free from disease: RCW
62A.2-316.
16.38.010 Declaration of purpose. The production of
livestock is one of the largest industries in this state; and
whereas livestock disease constitutes a constant threat to the
public health and the production of livestock in this state; and
whereas the prevention and control of such livestock diseases
by the state may be best carried on by the establishment of a
diagnostic service program for livestock diseases; therefore it
is in the public interest and for the purpose of protecting
health and general welfare that a livestock diagnostic service
program be established. [1969 c 100 § 1.]
16.38.010
16.38.020 Director authorized to carry on diagnostic
program. The director of agriculture is hereby authorized to
carry on a diagnostic service program for the purpose of diagnosing any livestock disease which affects or may affect any
livestock which is or may be produced in this state or otherwise handled in any manner for public distribution or consumption. [1969 c 100 § 2.]
16.38.020
16.38.030 Employment of personnel. In carrying out
such diagnostic service program the director of agriculture
may employ, subject to the state civil service act, chapter
41.06 RCW, the necessary personnel to properly effectuate
such diagnostic service program. [1969 c 100 § 3.]
16.38.030
16.49.055
16.49.065
16.49.075
16.49.085
16.49.095
16.49.105
16.49.115
16.49.125
Custom meat facilities—Conditions for preparation of
inspected and uninspected meat.
Licensed custom farm slaughterer—Transport of offal.
Unlawful acts—Selling, trading, or giving away uninspected
meat or meat products—Interfering with director’s duties.
Violations of chapter or rules—Investigation by director—
Subpoenas.
Denial, suspension, revocation of license—Grounds—Request
for hearing.
Noncompliance with chapter or rules—Civil penalty.
Application of administrative procedure act.
Custom meat facilities—Sale of inspected meat—Ordinances
may be more restrictive.
16.49.005 Intent. This chapter is intended to safeguard
the household user of uninspected and inspected meat products from possible harm due to adulterated, misbranded, or
unfit meat or meat products or meat or meat products that
have been prepared under insanitary conditions. [2000 c 99 §
1.]
16.49.005
16.49.008 Application. (1) This chapter does not apply
to the slaughter and preparation of one thousand or fewer pastured chickens in a calendar year by the agricultural producer
of the chickens for the sale of whole raw chickens by the producer directly to the ultimate consumer at the producer’s
farm.
(2) For the purposes of this section, "chicken" means the
species Gallus domesticus. [2003 c 397 § 1.]
16.49.008
16.49.015 Definitions. For the purposes of this chapter:
(1) "Department" means the department of agriculture of
the state of Washington.
(2) "Director" means the director of the department or
the director’s designee.
(3) "Custom farm slaughterer" means a person licensed
to slaughter meat food animals for the owner of the animal
through the use of a mobile unit.
(4) "Custom slaughtering establishment" means the
facility operated by a person licensed to slaughter meat food
animals for the owner of the animal at a fixed location.
(5) "Custom meat facility" means the facility operated by
a person licensed to prepare uninspected meat for the owner
of the uninspected meat. Operators of custom meat facilities
may also sell prepackaged inspected meat to any person. This
chapter does not prohibit the operator of a custom meat facility from being licensed to prepare at the facility and sell
inspected meat to any person.
(6) "Inspected meat" means the carcasses or carcass parts
of meat food animals which have been slaughtered and
inspected at establishments subject to inspection under a federal meat inspection act.
(7) "Uninspected meat" means the carcasses or carcass
parts of meat food animals that have been slaughtered by the
owner of the animals, a custom farm slaughterer, or at a custom slaughtering establishment.
(8) "Household user" means the ultimate consumer,
members of the consumer’s household, and his or her nonpaying guests and employees.
(9) "Person" means any individual, partnership, association, and corporation.
(10) "Meat food animal" means cattle, swine, sheep, or
goats.
16.49.015
16.38.040 Agreements and/or contracts with other
entities. In carrying out such diagnostic service program the
director of agriculture may enter into agreements and/or contracts with any other governmental agencies whether state or
federal or public institution such as Washington State University or private institutions and/or research organizations.
[1969 c 100 § 4.]
16.38.040
16.38.050 Acceptance of gifts, funds, equipment, etc.
In carrying out such diagnostic service program, the director
of agriculture may accept public or private funds, gifts or
equipment or any other necessary properties. [1969 c 100 §
5.]
16.38.050
16.38.060 Schedule of fees may be established—Use.
The director may, following a public hearing, establish a
schedule of fees for services performed in carrying out such
diagnostic service program. All fees collected under this provision shall be retained by the director of agriculture to be
spent only for carrying out the purposes of this chapter.
[1986 c 203 § 6; 1969 c 100 § 6.]
16.38.060
Additional notes found at www.leg.wa.gov
Chapter 16.49
Chapter 16.49 RCW
CUSTOM SLAUGHTERING
Sections
16.49.005
16.49.008
16.49.015
16.49.025
16.49.035
16.49.045
Intent.
Application.
Definitions.
Rules.
Custom slaughtering and custom meat licenses—Generally.
Inspections.
[Title 16 RCW—page 16]
(2010 Ed.)
Custom Slaughtering
(11) "Meat food bird" means a ratite, such as an ostrich,
emu, or rhea.
(12) "Official establishment" means an establishment
operated for the purpose of slaughtering meat food animals
for sale or use as human food in compliance with the federal
meat inspection act.
(13) "Prepared" means smoked, salted, rendered, boned,
cut up, or otherwise processed. [2000 c 99 § 2; 1999 c 291 §
28; 1987 c 77 § 4. Formerly RCW 16.49.435.]
Additional notes found at www.leg.wa.gov
16.49.025 Rules. The director shall enforce and carry
out the provisions of this chapter and adopt rules necessary to
carry out its purpose. The rules may include, but are not limited to:
(1) Requirements for construction, equipment, cleaning,
sanitation, and sanitary practices to ensure sanitary operations;
(2) Requirements for identification or tagging of meat
food animals slaughtered by licensees to maintain identification of the owner of the animal;
(3) Requirements for handling and storing inspected and
uninspected meats and meat products;
(4) Requirements for labeling meat and meat products;
and
(5) Requirements for slaughtering and processing of
meat food birds by licensees. [2000 c 99 § 3; 1987 c 77 § 5.
Formerly RCW 16.49.680.]
16.49.025
Additional notes found at www.leg.wa.gov
16.49.035 Custom slaughtering and custom meat
licenses—Generally. (1) It is unlawful for any person to
operate as a custom farm slaughterer or to operate a custom
slaughtering establishment or custom meat facility in the
state without first obtaining a license from the director. Custom farm slaughterers must obtain a separate license for each
mobile unit. Separate licenses are required for each custom
slaughtering establishment and custom meat facility.
(2) Application for a license must be made on a form prescribed by the director and accompanied by a twenty-five
dollar license fee. The application must include:
(a) The full name and address of the applicant. If the
applicant is a partnership or corporation, the application must
include the full name and address of each partner or officer;
(b) The physical location address of each establishment
or facility to be licensed;
(c) The name and address of a resident of this state
authorized to accept legal notices for the applicant; and
(d) Any other information prescribed by the director.
(3) If an application for renewal of a license and the
license fee are not received by June 30th, the applicant must
pay an additional fee of twenty-five dollars before the
renewal license is issued.
(4) Initial issuance of a license requires a prelicense
inspection by the director for compliance with this chapter
and rules adopted under this chapter. A license shall only be
issued after an applicant is found to be in substantial compliance with this chapter and rules adopted under this chapter.
(5) Licenses issued under this chapter expire June 30th
of each year.
16.49.035
(2010 Ed.)
16.49.085
(6) Licenses issued under this chapter are not transferrable. [2000 c 99 § 4; 1991 c 109 § 4; 1987 c 77 § 1; 1985 c 415
§ 5; 1959 c 204 § 44. Formerly RCW 16.49.440.]
Additional notes found at www.leg.wa.gov
16.49.045 Inspections. To determine compliance with
this chapter and the rules adopted under this chapter, the
director may inspect the mobile unit of any custom farm
slaughterer and the premises of any custom slaughtering
establishment or custom meat facility at any reasonable time.
[2000 c 99 § 5; 1987 c 77 § 8. Formerly RCW 16.49.690.]
16.49.045
Additional notes found at www.leg.wa.gov
16.49.055 Custom meat facilities—Conditions for
preparation of inspected and uninspected meat. Inspected
and uninspected meat may only be prepared by a custom
meat facility under the following conditions:
(1) Inspected meat and meat products prepared from
inspected meat must be kept separated from uninspected
meat and meat products prepared from uninspected meat to
prevent inspected meat from coming into contact with uninspected meat.
(2) Preparation of inspected meat and uninspected meat
must be done at different times.
(3) Equipment used in preparing uninspected meat or
products prepared from uninspected meat must be cleaned
and sanitized before being used to prepare inspected meat.
(4) Uninspected meat may be prepared only for the use
of the owner, who must be a household user.
(5) Uninspected meat and meat products prepared from
uninspected meat must be clearly marked and labeled "not for
sale".
(6) Packages of uninspected meat may not be stored in a
retail counter. [2000 c 99 § 6; 1987 c 77 § 3; 1985 c 415 § 7;
1971 ex.s. c 98 § 3. Formerly RCW 16.49.610.]
16.49.055
Additional notes found at www.leg.wa.gov
16.49.065 Licensed custom farm slaughterer—
Transport of offal. A licensed custom farm slaughterer may
transport the offal of a meat food animal he or she has slaughtered for the owner, when it is transported as part of a slaughtering transaction and the offal is handled in a sanitary manner. [2000 c 99 § 7; 1967 ex.s. c 120 § 4. Formerly RCW
16.49.451.]
16.49.065
16.49.075 Unlawful acts—Selling, trading, or giving
away uninspected meat or meat products—Interfering
with director’s duties. It is unlawful for any person to:
(1) Sell, trade, or give away uninspected meat or meat
products; or
(2) Interfere with the director in the performance of his
or her duties under this chapter or the rules adopted under this
chapter. [2000 c 99 § 8; 1987 c 77 § 9. Formerly RCW
16.49.700.]
16.49.075
Additional notes found at www.leg.wa.gov
16.49.085 Violations of chapter or rules—Investigation by director—Subpoenas. The director may investigate
any violation or possible violation of this chapter or any rule
adopted under this chapter. To assist in such investigation,
16.49.085
[Title 16 RCW—page 17]
16.49.095
Title 16 RCW: Animals and Livestock
the director may issue subpoenas to compel the attendance of
witnesses or to compel production of records or documents
anywhere in the state. [2000 c 99 § 9; 1987 c 77 § 10. Formerly RCW 16.49.710.]
Additional notes found at www.leg.wa.gov
16.49.095
16.49.095 Denial, suspension, revocation of license—
Grounds—Request for hearing. The director may deny,
suspend, or revoke any license required under this chapter if
the director determines that an applicant or licensee has committed any of the following acts:
(1) Refused, neglected, or failed to comply with the provisions of this chapter, the rules adopted under this chapter,
or any lawful order of the director;
(2) Refused, neglected, or failed to keep and maintain
records required under this chapter or rules adopted under
this chapter to make the records available to the director on
request;
(3) Refused the director access to any facilities or parts
of the facilities for the purpose of carrying out the provisions
of this chapter or rules adopted under this chapter; or
(4) Refused, neglected, or failed to comply with any provisions of chapter 69.04 RCW, intrastate commerce in food,
drugs, and cosmetics, or rules adopted under that chapter.
Upon receipt of notice by the director to deny, suspend,
or revoke a license, a person may request a hearing under
chapter 34.05 RCW. [2000 c 99 § 10; 1994 c 128 § 1; 1985 c
415 § 12. Formerly RCW 16.49.444.]
16.49.105
16.49.105 Noncompliance with chapter or rules—
Civil penalty. Any person who fails to comply with this
chapter or the rules adopted under this chapter may be subject
to a civil penalty in an amount of not more than one thousand
dollars per violation per day. Each violation is a separate and
distinct offense.
All moneys collected for civil penalties under this chapter shall be deposited in the state general fund. [2000 c 99 §
11; 1994 c 128 § 2; 1985 c 415 § 6; 1959 c 204 § 51. Formerly
RCW 16.49.510.]
16.49.115
16.49.115 Application of administrative procedure
act. Chapter 34.05 RCW governs the rights, remedies, and
procedures respecting the administration of this chapter,
including rule making, assessment of civil penalties, emergency actions, and license suspension, revocation, or denial.
[2000 c 99 § 12.]
16.49.125
16.49.125 Custom meat facilities—Sale of inspected
meat—Ordinances may be more restrictive. The provisions of this chapter relating to the sale of inspected meat in
custom meat facilities do not supersede or restrict the authority of any county or any city to adopt ordinances that are more
restrictive for the handling and sale of inspected meat than
those provided in this chapter. [2000 c 99 § 13; 1999 c 291 §
29; 1987 c 77 § 11; 1971 ex.s. c 98 § 9. Formerly RCW
16.49.670.]
Additional notes found at www.leg.wa.gov
[Title 16 RCW—page 18]
Chapter 16.50 RCW
HUMANE SLAUGHTER OF LIVESTOCK
Chapter 16.50
Sections
16.50.100
16.50.110
16.50.120
16.50.130
16.50.140
16.50.150
16.50.160
16.50.170
16.50.900
Declaration of policy.
Definitions.
Humane methods for bleeding or slaughtering livestock
required.
Administration of chapter—Rules.
Manually operated hammer, sledge or poleaxe—Declared
inhumane.
Religious freedom—Ritual slaughter defined as humane.
Injunctions against violations.
Penalty for violations.
Severability—1967 c 31.
16.50.100 Declaration of policy. The legislature of the
state of Washington finds that the use of humane methods in
the slaughter of livestock prevents needless suffering; results
in safer and better working conditions for persons engaged in
the slaughtering industry; brings about improvement of products and economy in slaughtering operations; and produces
other benefits for producers, processors and consumers
which tend to expedite the orderly flow of livestock and their
products. It is therefore declared to be the policy of the state
of Washington to require that the slaughter of all livestock,
and the handling of livestock in connection with slaughter,
shall be carried out only by humane methods and to provide
that methods of slaughter shall conform generally to those
authorized by the Federal Humane Slaughter Act of 1958,
and regulations thereunder. [1967 c 31 § 1.]
16.50.100
16.50.110 Definitions. For the purpose of this chapter:
(1) "Department" means the department of agriculture of
the state of Washington.
(2) "Director" means the director of the department or
his duly appointed representative.
(3) "Humane method" means either: (a) A method
whereby the animal is rendered insensible to pain by mechanical, electrical, chemical or other means that is rapid and
effective, before being shackled, hoisted, thrown, cast or cut;
or (b) a method in accordance with the ritual requirements of
any religious faith whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous
and instantaneous severance of the carotid arteries with a
sharp instrument.
(4) "Livestock" means cattle, calves, sheep, swine,
horses, mules and goats.
(5) "Packer" means any person engaged in the business
of slaughtering livestock.
(6) "Person" means a natural person, individual, firm,
partnership, corporation, company, society and association
and every officer, agent or employee, thereof. This term shall
import either the singular or plural, as the case may be.
(7) "Slaughterer" means any person engaged in the commercial or custom slaughtering of livestock, including custom farm slaughterers. [1967 c 31 § 2.]
16.50.110
16.50.120 Humane methods for bleeding or slaughtering livestock required. No slaughterer or packer shall
bleed or slaughter any livestock except by a humane method:
PROVIDED, That the director may, by administrative order,
exempt a person from compliance with this chapter for a
period of not to exceed six months if he finds that an earlier
16.50.120
(2010 Ed.)
Prevention of Cruelty to Animals
compliance would cause such person undue hardship. [1967
c 31 § 3.]
16.52.100
16.52.110
16.52.117
16.50.130 Administration of chapter—Rules. The
director shall administer the provisions of this chapter. He
shall adopt and may from time to time revise rules which
shall conform substantially to the rules and regulations promulgated by the secretary of agriculture of the United States
pursuant to the Federal Humane Slaughter Act of 1958, Public Law 85-765, 72 Stat. 862 and any amendments thereto.
Such rules shall be adopted pursuant to the provisions of
chapter 34.05 RCW as enacted or hereafter amended concerning the adoption of rules. [1967 c 31 § 4.]
16.52.165
16.52.180
16.52.185
16.52.190
16.52.193
16.50.130
16.52.200
16.52.205
16.52.207
16.52.210
16.52.220
16.52.225
16.50.140 Manually operated hammer, sledge or
poleaxe—Declared inhumane. The use of a manually operated hammer, sledge or poleaxe is declared to be an inhumane method of slaughter within the meaning of this chapter.
[1967 c 31 § 5.]
16.50.140
16.50.150 Religious freedom—Ritual slaughter
defined as humane. Nothing in this chapter shall be construed to prohibit, abridge, or in any way hinder the religious
freedom of any person or group. Notwithstanding any other
provisions of this chapter, ritual slaughter and the handling or
other preparation of livestock for ritual slaughter is defined as
humane. [1967 c 31 § 10.]
16.50.150
16.50.160 Injunctions against violations. The director
may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule adopted
pursuant to this chapter in the superior court in the county in
which such violation occurs or is about to occur, notwithstanding the existence of the other remedies at law. [1967 c
31 § 6.]
16.50.160
16.50.170 Penalty for violations. Any person violating
any provision of this chapter or of any rule adopted hereunder
is guilty of a misdemeanor and subject to a fine of not more
than two hundred fifty dollars or confinement in the county
jail for not more than ninety days. [1967 c 31 § 7.]
16.50.170
16.50.900 Severability—1967 c 31. If any provision of
this chapter, or its application to any person or circumstance
is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not
affected. [1967 c 31 § 9.]
16.50.900
Chapter 16.52 RCW
PREVENTION OF CRUELTY TO ANIMALS
Chapter 16.52
Sections
16.52.011
16.52.015
16.52.020
16.52.025
16.52.080
16.52.085
16.52.090
16.52.095
(2010 Ed.)
Definitions—Principles of liability.
Enforcement—Law enforcement agencies and animal care
and control agencies.
Humane societies—Enforcement authority.
Humane societies—Animal control officers.
Transporting or confining in unsafe manner—Penalty.
Removal of animals for feeding—Examination—Notice—
Euthanasia.
Docking horses—Misdemeanor.
Cutting ears—Misdemeanor.
16.52.230
16.52.300
16.52.305
16.52.310
16.52.011
Confinement without food and water—Intervention by others.
Old or diseased animals at large.
Animal fighting—Prohibited behavior—Class C felony—
Exceptions.
Punishment—Conviction of misdemeanor.
Limitations on application of chapter.
Exclusions from chapter.
Poisoning animals—Penalty.
Poisoning animals—Strychnine sales—Records—Report on
suspected purchases.
Sentences—Forfeiture of animals—Liability for costs—Civil
penalty—Education, counseling.
Animal cruelty in the first degree.
Animal cruelty in the second degree.
Destruction of animal by law enforcement officer—Immunity
from liability.
Transfers of mammals for research—Certification requirements—Pet animals.
Nonambulatory livestock—Transporting or accepting delivery—Gross misdemeanor—Definition.
Remedies not impaired.
Dogs or cats used as bait—Seizure—Limitation.
Unlawful use of hook—Gross misdemeanor.
Dog breeding—Limit on the number of dogs—Required conditions—Penalty—Limitation of section—Definitions.
Cruelty to stock in transit: RCW 81.48.070.
Pet animals—Taking, concealing, injuring, killing, etc.—Penalty: RCW
9.08.070.
16.52.011 Definitions—Principles of liability. (1)
Principles of liability as defined in chapter 9A.08 RCW apply
to this chapter.
(2) The definitions in this section apply throughout this
chapter unless the context clearly requires otherwise.
(a) "Abandons" means the knowing or reckless desertion
of an animal by its owner or the causing of the animal to be
deserted by its owner, in any place, without making provisions for the animal’s adequate care.
(b) "Animal" means any nonhuman mammal, bird, reptile, or amphibian.
(c) "Animal care and control agency" means any city or
county animal control agency or authority authorized to
enforce city or county municipal ordinances regulating the
care, control, licensing, or treatment of animals within the
city or county, and any corporation organized under RCW
16.52.020 that contracts with a city or county to enforce the
city or county ordinances governing animal care and control.
(d) "Animal control officer" means any individual
employed, contracted, or appointed pursuant to RCW
16.52.025 by an animal care and control agency or humane
society to aid in the enforcement of ordinances or laws regulating the care and control of animals. For purposes of this
chapter, the term "animal control officer" shall be interpreted
to include "humane officer" as defined in (f) of this subsection and RCW 16.52.025.
(e) "Euthanasia" means the humane destruction of an
animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method
that causes painless loss of consciousness, and death during
the loss of consciousness.
(f) "Humane officer" means any individual employed,
contracted, or appointed by an animal care and control
agency or humane society as authorized under RCW
16.52.025.
(g) "Law enforcement agency" means a general authority
Washington law enforcement agency as defined in RCW
10.93.020.
16.52.011
[Title 16 RCW—page 19]
16.52.015
Title 16 RCW: Animals and Livestock
(h) "Necessary food" means the provision at suitable
intervals of wholesome foodstuff suitable for the animal’s
age and species and sufficient to provide a reasonable level of
nutrition for the animal.
(i) "Owner" means a person who has a right, claim, title,
legal share, or right of possession to an animal or a person
having lawful control, custody, or possession of an animal.
(j) "Person" means individuals, corporations, partnerships, associations, or other legal entities, and agents of those
entities.
(k) "Similar animal" means an animal classified in the
same genus.
(l) "Substantial bodily harm" means substantial bodily
harm as defined in RCW 9A.04.110. [2009 c 287 § 1; 2007 c
376 § 2; 1994 c 261 § 2.]
Finding—Intent—1994 c 261: "The legislature finds there is a need to
modernize the law on animal cruelty to more appropriately address the
nature of the offense. It is not the intent of this act to remove or decrease any
of the exemptions from the statutes on animal cruelty that now apply to customary animal husbandry practices, state game or fish laws, rodeos, fairs
under chapter 15.76 RCW, or medical research otherwise authorized under
federal or state law. It is the intent of this act to require the enforcement of
chapter 16.52 RCW by persons who are accountable to elected officials at
the local and state level." [1994 c 261 § 1.]
16.52.015 Enforcement—Law enforcement agencies
and animal care and control agencies. (1) Law enforcement agencies and animal care and control agencies may
enforce the provisions of this chapter. Animal care and control agencies may enforce the provisions of this chapter in a
county or city only if the county or city legislative authority
has entered into a contract with the agency to enforce the provisions of this chapter.
(2) Animal control officers enforcing this chapter shall
comply with the same constitutional and statutory restrictions
concerning the execution of police powers imposed on law
enforcement officers who enforce this chapter and other
criminal laws of the state of Washington.
(3) Animal control officers have the following enforcement powers when enforcing this chapter:
(a) The power to issue citations based on probable cause
to offenders for misdemeanor and gross misdemeanor violations of this chapter or RCW 9.08.070 through 9.08.078 or
*81.56.120;
(b) The power to cause a law enforcement officer to
arrest and take into custody any person the animal control
officer has probable cause to believe has committed or is
committing a violation of this chapter or RCW 9.08.070 or
*81.56.120. Animal control officers may make an oral complaint to a prosecuting attorney or a law enforcement officer
to initiate arrest. The animal control officer causing the arrest
shall file with the arresting agency a written complaint within
twenty-four hours of the arrest, excluding Sundays and legal
holidays, stating the alleged act or acts constituting a violation;
(c) The power to carry nonfirearm protective devices for
personal protection;
(d) The power to prepare affidavits in support of search
warrants and to execute search warrants when accompanied
by law enforcement officers to investigate violations of this
chapter or RCW 9.08.070 or *81.56.120, and to seize evidence of those violations.
16.52.015
[Title 16 RCW—page 20]
(4) Upon request of an animal control officer who has
probable cause to believe that a person has violated this chapter or RCW 9.08.070 or *81.56.120, a law enforcement
agency officer may arrest the alleged offender. [2003 c 53 §
110; 1994 c 261 § 3.]
*Reviser’s note: RCW 81.56.120 was recodified as RCW 81.48.070
pursuant to 2007 c 234 § 101.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.020 Humane societies—Enforcement authority. Any citizens of the state of Washington incorporated
under the laws of this state as a humane society or as a society
for the prevention of cruelty to animals may enforce the provisions of this chapter through its animal control officers subject to the limitations in RCW 16.52.015 and 16.52.025. The
legislative authority in each county may grant exclusive
authority to exercise the privileges and authority granted by
this section to one or more qualified corporations for a period
of up to three years based upon ability to fulfill the purposes
of this chapter. [1994 c 261 § 4; 1973 1st ex.s. c 125 § 1;
1901 c 146 § 1; RRS § 3184.]
16.52.020
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.025 Humane societies—Animal control officers. Trustees of humane societies incorporated pursuant to
RCW 16.52.020 may appoint society members to act as animal control officers. The trustee appointments shall be in
writing. The appointment shall be effective in a particular
county only if an appointee obtains written authorization
from the superior court of the county in which the appointee
seeks to enforce this chapter. To obtain judicial authorization,
an appointee seeking judicial authorization on or after June 9,
1994, shall provide evidence satisfactory to the judge that the
appointee has successfully completed training which has prepared the appointee to assume the powers granted to animal
control officers pursuant to RCW 16.52.015. The trustees
shall review appointments every three years and may revoke
an appointment at any time by filing a certified revocation
with the superior court that approved the appointment.
Authorizations shall not exceed three years or trustee termination, whichever occurs first. To qualify for reappointment
when a term expires on or after June 9, 1994, the officer shall
obtain training or satisfy the court that the officer has sufficient experience to exercise the powers granted to animal
control officers pursuant to RCW 16.52.015. [1994 c 261 §
5.]
16.52.025
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.080 Transporting or confining in unsafe manner—Penalty. Any person who wilfully transports or confines or causes to be transported or confined any domestic
animal or animals in a manner, posture or confinement that
will jeopardize the safety of the animal or the public shall be
guilty of a misdemeanor. And whenever any such person
shall be taken into custody or be subject to arrest pursuant to
a valid warrant therefor by any officer or authorized person,
such officer or person may take charge of the animal or animals; and any necessary expense thereof shall be a lien
16.52.080
(2010 Ed.)
Prevention of Cruelty to Animals
thereon to be paid before the animal or animals may be recovered; and if the expense is not paid, it may be recovered from
the owner of the animal or the person guilty. [1982 c 114 § 5;
1974 ex.s. c 12 § 1; 1901 c 146 § 5; RRS § 3188. Prior: 1893
c 27 § 2, part; Code 1881 § 930, part.]
Cruelty to stock in transit: RCW 81.48.070.
16.52.085 Removal of animals for feeding—Examination—Notice—Euthanasia. (1) If a law enforcement
officer or animal control officer has probable cause to believe
that an owner of a domestic animal has violated this chapter
or owns or possesses an animal in violation of an order issued
under RCW 16.52.200(3) and no responsible person can be
found to assume the animal’s care, the officer may authorize,
with a warrant, the removal of the animal to a suitable place
for feeding and care, or may place the animal under the custody of an animal care and control agency. In determining
what is a suitable place, the officer shall consider the animal’s needs, including its size and behavioral characteristics.
An officer may remove an animal under this subsection without a warrant only if the animal is in an immediate life-threatening condition.
(2) If a law enforcement officer or an animal control
officer has probable cause to believe a violation of this chapter has occurred, the officer may authorize an examination of
a domestic animal allegedly neglected or abused in violation
of this chapter by a veterinarian to determine whether the
level of neglect or abuse in violation of this chapter is sufficient to require removal of the animal. This section does not
condone illegal entry onto private property.
(3) Any owner whose domestic animal is removed pursuant to this chapter shall be given written notice of the circumstances of the removal and notice of legal remedies available to the owner. The notice shall be given by posting at the
place of seizure, by delivery to a person residing at the place
of seizure, or by registered mail if the owner is known. In
making the decision to remove an animal pursuant to this
chapter, the officer shall make a good faith effort to contact
the animal’s owner before removal.
(4) The agency having custody of the animal may euthanize the animal or may find a responsible person to adopt the
animal not less than fifteen business days after the animal is
taken into custody. A custodial agency may euthanize
severely injured, diseased, or suffering animals at any time.
An owner may prevent the animal’s destruction or adoption
by: (a) Petitioning the district court of the county where the
animal was seized for the animal’s immediate return subject
to court-imposed conditions, or (b) posting a bond or security
in an amount sufficient to provide for the animal’s care for a
minimum of thirty days from the seizure date. If the custodial
agency still has custody of the animal when the bond or security expires, the animal shall become the agency’s property
unless the court orders an alternative disposition. If a court
order prevents the agency from assuming ownership and the
agency continues to care for the animal, the court shall order
the owner to renew a bond or security for the agency’s continuing costs for the animal’s care. When a court has prohibited the owner from owning or possessing a similar animal
under RCW 16.52.200(3), the agency having custody of the
animal may assume ownership upon seizure and the owner
16.52.085
(2010 Ed.)
16.52.100
may not prevent the animal’s destruction or adoption by petitioning the court or posting a bond.
(5) If no criminal case is filed within fourteen business
days of the animal’s removal, the owner may petition the district court of the county where the animal was removed for
the animal’s return. The petition shall be filed with the court,
with copies served to the law enforcement or animal care and
control agency responsible for removing the animal and to
the prosecuting attorney. If the court grants the petition, the
agency which seized the animal must deliver the animal to
the owner at no cost to the owner. If a criminal action is filed
after the petition is filed but before the animal is returned, the
petition shall be joined with the criminal matter.
(6) In a motion or petition for the animal’s return before
a trial, the burden is on the owner to prove by a preponderance of the evidence that the animal will not suffer future
neglect or abuse and is not in need of being restored to health.
(7) Any authorized person treating or attempting to
restore an animal to health under this chapter shall not be civilly or criminally liable for such action. [2009 c 287 § 2; 1994
c 261 § 6; 1987 c 335 § 1; 1974 ex.s. c 12 § 2.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Additional notes found at www.leg.wa.gov
16.52.090 Docking horses—Misdemeanor. Every
person who shall cut or cause to be cut, or assist in cutting the
solid part of the tail of any horse in the operation known as
"docking," or in any other operation for the purpose of shortening the tail or changing the carriage thereof, shall be guilty
of a misdemeanor. [1901 c 146 § 6; RRS § 3189. FORMER
PART OF SECTION: Code 1881 § 840; 1871 p 103 § 1;
RRS § 3206, now codified as RCW 16.52.095.]
16.52.090
16.52.095 Cutting ears—Misdemeanor. It shall not be
lawful for any person to cut off more than one-half of the ear
or ears of any domestic animal such as an ox, cow, bull, calf,
sheep, goat or hog, or dog, and any person cutting off more
than one-half of the ear or ears of any such animals, shall be
deemed guilty of a misdemeanor, and upon conviction, shall
be fined in any sum less than twenty dollars. This section
does not apply if cutting off more than one-half of the ear of
the animal is a customary husbandry practice. [1994 c 261 §
7; Code 1881 § 840; 1871 p 103 § 1; RRS § 3206. Formerly
RCW 16.52.090, part.]
16.52.095
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.100 Confinement without food and water—
Intervention by others. If any domestic animal is
impounded or confined without necessary food and water for
more than thirty-six consecutive hours, any person may, from
time to time, as is necessary, enter into and open any pound
or place of confinement in which any domestic animal is confined, and supply it with necessary food and water so long as
it is confined. The person shall not be liable to action for the
entry, and may collect from the animal’s owner the reasonable cost of the food and water. The animal shall be subject to
attachment for the costs and shall not be exempt from levy
and sale upon execution issued upon a judgment. If an investigating officer finds it extremely difficult to supply confined
animals with food and water, the officer may remove the ani16.52.100
[Title 16 RCW—page 21]
16.52.110
Title 16 RCW: Animals and Livestock
mals to protective custody for that purpose. [1994 c 261 § 10;
1982 c 114 § 6; 1901 c 146 § 12; RRS § 3195.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.110 Old or diseased animals at large. Every
owner, driver, or possessor of any old, maimed or diseased
horse, cow, mule, or other domestic animal, who shall permit
the same to go loose in any lane, street, square, or lot or place
of any city or township, without proper care and attention, for
more than three hours after knowledge thereof, shall be guilty
of a misdemeanor: PROVIDED, That this shall not apply to
any such owner keeping any old or diseased animal belonging to him on his own premises with proper care. Every sick,
disabled, infirm or crippled horse, ox, mule, cow or other
domestic animal, which shall be abandoned on the public
highway, or in any open or enclosed space in any city or
township, may, if, after search by a peace officer or officer of
such society no owner can be found therefor, be killed by
such officer; and it shall be the duty of all peace and public
officers to cause the same to be killed on information of such
abandonment. [1901 c 146 § 13; RRS § 3196.]
16.52.110
16.52.117 Animal fighting—Prohibited behavior—
Class C felony—Exceptions. (1) A person commits the
crime of animal fighting if the person knowingly does any of
the following:
(a) Owns, possesses, keeps, breeds, trains, buys, sells, or
advertises or offers for sale any animal with the intent that the
animal shall be engaged in an exhibition of fighting with
another animal;
(b) Knowingly promotes, organizes, conducts, participates in, is a spectator of, advertises, prepares, or performs
any service in the furtherance of, an exhibition of animal
fighting, transports spectators to an animal fight, or provides
or serves as a stakeholder for any money wagered on an animal fight at any place or building;
(c) Keeps or uses any place for the purpose of animal
fighting, or manages or accepts payment of admission to any
place kept or used for the purpose of animal fighting;
(d) Suffers or permits any place over which the person
has possession or control to be occupied, kept, or used for the
purpose of an exhibition of animal fighting; or
(e) Takes, leads away, possesses, confines, sells, transfers, or receives a stray animal or a pet animal, with the intent
to deprive the owner of the pet animal, and with the intent of
using the stray animal or pet animal for animal fighting, or for
training or baiting for the purpose of animal fighting.
(2) A person who violates this section is guilty of a class
C felony punishable under RCW 9A.20.021.
(3) Nothing in this section prohibits the following:
(a) The use of dogs in the management of livestock, as
defined by chapter 16.57 RCW, by the owner of the livestock
or the owner’s employees or agents or other persons in lawful
custody of the livestock;
(b) The use of dogs in hunting as permitted by law; or
(c) The training of animals or the use of equipment in the
training of animals for any purpose not prohibited by law.
(4) For the purposes of this section, "animal" means dogs
or male chickens. [2006 c 287 § 1; 2005 c 481 § 3; 1994 c
261 § 11; 1982 c 114 § 9.]
16.52.117
[Title 16 RCW—page 22]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.165 Punishment—Conviction of misdemeanor.
Every person convicted of any misdemeanor under RCW
16.52.080 or 16.52.090 shall be punished by a fine of not
exceeding one hundred and fifty dollars, or by imprisonment
in the county jail not exceeding sixty days, or both such fine
and imprisonment, and shall pay the costs of the prosecution.
[1982 c 114 § 7; 1901 c 146 § 16; RRS § 3199. Formerly
RCW 16.52.160, part.]
16.52.165
16.52.180 Limitations on application of chapter. No
part of this chapter shall be deemed to interfere with any of
the laws of this state known as the "game laws," nor be
deemed to interfere with the right to destroy any venomous
reptile or any known as dangerous to life, limb or property, or
to interfere with the right to kill animals to be used for food
or with any properly conducted scientific experiments or
investigations, which experiments or investigations shall be
performed only under the authority of the faculty of some
regularly incorporated college or university of the state of
Washington or a research facility registered with the United
States department of agriculture and regulated by 7 U.S.C.
Sec. 2131 et seq. [1994 c 261 § 12; 1901 c 146 § 18; RRS §
3201.]
16.52.180
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.185 Exclusions from chapter. Nothing in this
chapter applies to accepted husbandry practices used in the
commercial raising or slaughtering of livestock or poultry, or
products thereof or to the use of animals in the normal and
usual course of rodeo events or to the customary use or exhibiting of animals in normal and usual events at fairs as defined
in RCW 15.76.120. [1994 c 261 § 22; 1982 c 114 § 10.]
16.52.185
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.190 Poisoning animals—Penalty. (1) Except as
provided in subsections (2) and (3) of this section, a person is
guilty of the crime of poisoning animals if the person intentionally or knowingly poisons an animal under circumstances
which do not constitute animal cruelty in the first degree.
(2) Subsection (1) of this section shall not apply to euthanizing by poison an animal in a lawful and humane manner
by the animal’s owner, or by a duly authorized servant or
agent of the owner, or by a person acting pursuant to instructions from a duly constituted public authority.
(3) Subsection (1) of this section shall not apply to the
reasonable use of rodent or pest poison, insecticides, fungicides, or slug bait for their intended purposes. As used in this
section, the term "rodent" includes but is not limited to
Columbia ground squirrels, other ground squirrels, rats, mice,
gophers, rabbits, and any other rodent designated as injurious
to the agricultural interests of the state as provided in *chapter 17.16 RCW. The term "pest" as used in this section
includes any pest as defined in RCW 17.21.020.
(4) A person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 111; 1994 c 261 § 13; 1941 c 105
§ 1; RRS § 3207-1. Formerly RCW 16.52.150, part.]
16.52.190
*Reviser’s note: Chapter 17.16 RCW was repealed by 1994 c 11 § 1.
(2010 Ed.)
Prevention of Cruelty to Animals
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.193 Poisoning animals—Strychnine sales—
Records—Report on suspected purchases. (1) It is unlawful for any person other than a registered pharmacist to sell at
retail or furnish to any person any strychnine: PROVIDED,
That nothing herein prohibits county, state, or federal agents,
in the course of their duties, from furnishing strychnine to
any person. Every such registered pharmacist selling or furnishing such strychnine shall, before delivering the same,
record the transaction as provided in RCW 69.38.030. If any
such registered pharmacist suspects that any person desiring
to purchase strychnine intends to use the same for the purpose
of poisoning unlawfully any domestic animal or domestic
bird, he or she may refuse to sell to such person, but whether
or not he or she makes such sale, he or she shall if he or she
so suspects an intention to use the strychnine unlawfully,
immediately notify the nearest peace officer, giving such
officer a complete description of the person purchasing, or
attempting to purchase, such strychnine.
(2) A person violating this section is guilty of a gross
misdemeanor. [2003 c 53 § 112; 1987 c 34 § 7; 1941 c 105 §
2; Rem. Supp. 1941 § 3207-2. Formerly RCW 18.67.110.]
16.52.193
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
16.52.200 Sentences—Forfeiture of animals—Liability for costs—Civil penalty—Education, counseling. (1)
The sentence imposed for a misdemeanor or gross misdemeanor violation of this chapter may be deferred or suspended in accordance with RCW 3.66.067 and 3.66.068,
however the probationary period shall be two years.
(2) In case of multiple misdemeanor or gross misdemeanor convictions, the sentences shall be consecutive, however the probationary period shall remain two years.
(3) In addition to the penalties imposed by the court, the
court shall order the forfeiture of all animals held by law
enforcement or animal care and control authorities under the
provisions of this chapter if any one of the animals involved
dies as a result of a violation of this chapter or if the defendant has a prior conviction under this chapter. In other cases
the court may enter an order requiring the owner to forfeit the
animal if the court deems the animal’s treatment to have been
severe and likely to reoccur. If forfeiture is ordered, the
owner shall be prohibited from owning or caring for any similar animals for a period of time as follows:
(a) Two years for a first conviction of animal cruelty in
the second degree under RCW 16.52.207;
(b) Permanently for a first conviction of animal cruelty
in the first degree under RCW 16.52.205;
(c) Permanently for a second or subsequent conviction of
animal cruelty, except as provided in subsection (4) of this
section.
(4) If a person has no more than two convictions of animal cruelty and each conviction is for animal cruelty in the
second degree, the person may petition the sentencing court
in which the most recent animal cruelty conviction occurred,
for a restoration of the right to own or possess a similar animal five years after the date of the second conviction. In
16.52.200
(2010 Ed.)
16.52.205
determining whether to grant the petition, the court shall consider, but not be limited to, the following:
(a) The person’s prior animal cruelty in the second
degree convictions;
(b) The type of harm or violence inflicted upon the animals;
(c) Whether the person has completed the conditions
imposed by the court as a result of the underlying convictions; and
(d) Any other matters the court finds reasonable and
material to consider in determining whether the person is
likely to abuse another animal.
The court may delay its decision on forfeiture under
subsection (3) of this section until the end of the probationary
period.
(5) In addition to fines and court costs, the defendant,
only if convicted or in agreement, shall be liable for reasonable costs incurred pursuant to this chapter by law enforcement agencies, animal care and control agencies, or authorized private or public entities involved with the care of the
animals. Reasonable costs include expenses of the investigation, and the animal’s care, euthanization, or adoption.
(6) If convicted, the defendant shall also pay a civil penalty of one thousand dollars to the county to prevent cruelty
to animals. These funds shall be used to prosecute offenses
under this chapter and to care for forfeited animals pending
trial.
(7) As a condition of the sentence imposed under this
chapter or RCW 9.08.070 through 9.08.078, the court may
also order the defendant to participate in an available animal
cruelty prevention or education program or obtain available
psychological counseling to treat mental health problems
contributing to the violation’s commission. The defendant
shall bear the costs of the program or treatment. [2009 c 287
§ 3; 2003 c 53 § 113; 1994 c 261 § 14; 1987 c 335 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Additional notes found at www.leg.wa.gov
16.52.205 Animal cruelty in the first degree. (1) A
person is guilty of animal cruelty in the first degree when,
except as authorized in law, he or she intentionally (a) inflicts
substantial pain on, (b) causes physical injury to, or (c) kills
an animal by a means causing undue suffering, or forces a
minor to inflict unnecessary pain, injury, or death on an animal.
(2) A person is guilty of animal cruelty in the first degree
when, except as authorized by law, he or she, with criminal
negligence, starves, dehydrates, or suffocates an animal and
as a result causes: (a) Substantial and unjustifiable physical
pain that extends for a period sufficient to cause considerable
suffering; or (b) death.
(3) A person is guilty of animal cruelty in the first degree
when he or she:
(a) Knowingly engages in any sexual conduct or sexual
contact with an animal;
(b) Knowingly causes, aids, or abets another person to
engage in any sexual conduct or sexual contact with an animal;
16.52.205
[Title 16 RCW—page 23]
16.52.207
Title 16 RCW: Animals and Livestock
(c) Knowingly permits any sexual conduct or sexual contact with an animal to be conducted on any premises under
his or her charge or control;
(d) Knowingly engages in, organizes, promotes, conducts, advertises, aids, abets, participates in as an observer, or
performs any service in the furtherance of an act involving
any sexual conduct or sexual contact with an animal for a
commercial or recreational purpose; or
(e) Knowingly photographs or films, for purposes of sexual gratification, a person engaged in a sexual act or sexual
contact with an animal.
(4) Animal cruelty in the first degree is a class C felony.
(5) In addition to the penalty imposed in subsection (4)
of this section, the court may order that the convicted person
do any of the following:
(a) Not harbor or own animals or reside in any household
where animals are present;
(b) Participate in appropriate counseling at the defendant’s expense;
(c) Reimburse the animal shelter or humane society for
any reasonable costs incurred for the care and maintenance of
any animals taken to the animal shelter or humane society as
a result of conduct proscribed in subsection (3) of this section.
(6) Nothing in this section may be considered to prohibit
accepted animal husbandry practices or accepted veterinary
medical practices by a licensed veterinarian or certified veterinary technician.
(7) If the court has reasonable grounds to believe that a
violation of this section has occurred, the court may order the
seizure of all animals involved in the alleged violation as a
condition of bond of a person charged with a violation.
(8) For purposes of this section:
(a) "Animal" means every creature, either alive or dead,
other than a human being.
(b) "Sexual conduct" means any touching or fondling by
a person, either directly or through clothing, of the sex organs
or anus of an animal or any transfer or transmission of semen
by the person upon any part of the animal, for the purpose of
sexual gratification or arousal of the person.
(c) "Sexual contact" means any contact, however slight,
between the mouth, sex organ, or anus of a person and the sex
organ or anus of an animal, or any intrusion, however slight,
of any part of the body of the person into the sex organ or
anus of an animal, or any intrusion of the sex organ or anus of
the person into the mouth of the animal, for the purpose of
sexual gratification or arousal of the person.
(d) "Photographs" or "films" means the making of a photograph, motion picture film, videotape, digital image, or any
other recording, sale, or transmission of the image. [2006 c
191 § 1; 2005 c 481 § 1; 1994 c 261 § 8.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.207 Animal cruelty in the second degree. (1) A
person is guilty of animal cruelty in the second degree if,
under circumstances not amounting to first degree animal
cruelty, the person knowingly, recklessly, or with criminal
negligence inflicts unnecessary suffering or pain upon an animal.
16.52.207
[Title 16 RCW—page 24]
(2) An owner of an animal is guilty of animal cruelty in
the second degree if, under circumstances not amounting to
first degree animal cruelty, the owner knowingly, recklessly,
or with criminal negligence:
(a) Fails to provide the animal with necessary shelter,
rest, sanitation, space, or medical attention and the animal
suffers unnecessary or unjustifiable physical pain as a result
of the failure;
(b) Under circumstances not amounting to animal cruelty in the second degree under (c) of this subsection, abandons the animal; or
(c) Abandons the animal and (i) as a result of being abandoned, the animal suffers bodily harm; or (ii) abandoning the
animal creates an imminent and substantial risk that the animal will suffer substantial bodily harm.
(3)(a) Animal cruelty in the second degree under subsection (1), (2)(a), or (2)(b) of this section is a misdemeanor.
(b) Animal cruelty in the second degree under subsection
(2)(c) of this section is a gross misdemeanor.
(4) In any prosecution of animal cruelty in the second
degree under subsection (1) or (2)(a) of this section, it shall
be an affirmative defense, if established by the defendant by
a preponderance of the evidence, that the defendant’s failure
was due to economic distress beyond the defendant’s control.
[2007 c 376 § 1; 2005 c 481 § 2; 1994 c 261 § 9.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
16.52.210 Destruction of animal by law enforcement
officer—Immunity from liability. This chapter shall not
limit the right of a law enforcement officer to destroy an animal that has been seriously injured and would otherwise continue to suffer. Such action shall be undertaken with reasonable prudence and, whenever possible, in consultation with a
licensed veterinarian and the owner of the animal.
Law enforcement officers and licensed veterinarians
shall be immune from civil and criminal liability for actions
taken under this chapter if reasonable prudence is exercised
in carrying out the provisions of this chapter. [1987 c 335 §
3.]
16.52.210
Additional notes found at www.leg.wa.gov
16.52.220 Transfers of mammals for research—Certification requirements—Pet animals. (1) All transfers of
mammals, other than rats and mice bred for use in research
and livestock, to research institutions in this state, whether by
sale or otherwise, shall conform with federal laws and, except
as to those animals obtained from a source outside the United
States, shall be accompanied by one of the following written
certifications, dated and signed under penalty of perjury:
(a) Breeder certification: A written statement certifying
that the person signing the certification is a United States
department of agriculture-licensed class A dealer whose business license in the state of Washington includes only those
animals that the dealer breeds and raises as a closed or stable
colony and those animals that the dealer acquires for the sole
purpose of maintaining or enhancing the dealer’s breeding
colony, that the animal being sold is one of those animals,
and that the person signing the certification is authorized to
do so. The certification shall also include an identifying number for the dealer, such as a business license number.
16.52.220
(2010 Ed.)
Prevention of Cruelty to Animals
(b) True owner certification: A written statement certifying that the animal being transferred is owned by the person
signing the certification, and that the person signing the certification either (i) has no personal knowledge or reason to
believe that the animal is a pet animal, or (ii) consents to having the animal used for research at a research institution. The
certification shall also state the date that the owner obtained
the animal, and the person or other source from whom it was
obtained. The certification shall also include an identifying
number for the person signing the certification, such as a
drivers’ license number or business license number. The certifications signed by or on behalf of a humane society, animal
control agency, or animal shelter need not contain a statement
that the society, agency, or shelter owns the animal, but shall
state that the animal has been in the possession of the society,
agency, or shelter for the minimum period required by law
that entitles it to legally dispose of the animal.
(2) In addition to the foregoing certification, all research
institutions in this state shall open at the time a dog or cat is
transferred to it a file that contains the following information
for each dog or cat transferred to the institution:
(a) All information required by federal law;
(b) The certification required by this section; and
(c) A brief description of the dog or cat (e.g. breed, color,
sex, any identifying characteristics), and a photograph of the
dog or cat.
The brief description may be contained in the written
certification.
These files shall be maintained and open for public
inspection for a period of at least two years from the date of
acquisition of the animal.
(3) All research institutions in this state shall, within one
hundred eighty days of May 12, 1989, adopt and operate
under written policies governing the acquisition of animals to
be used in biomedical or product research at that institution.
The written policies shall be binding on all employees,
agents, or contractors of the institution. These policies must
contain, at a minimum, the following provisions:
(a) Animals shall be acquired in accordance with the federal animal welfare act, public health service policy, and
other applicable statutes and regulations;
(b) No research may be conducted on a pet animal without the written permission of the pet animal’s owner;
(c) Any animal acquired by the institution that is determined to be a pet animal shall be returned to its legal owner,
unless the institution has the owner’s written permission to
retain the animal; and
(d) A person at the institution shall be designated to have
the responsibility for investigating any facts supporting the
possibility that an animal in the institution’s possession may
be a pet animal, including any inquiries from citizens regarding their pets. This person shall devise and insure implementation of procedures to inform inquiring citizens of their right
to prompt review of the relevant files required to be kept by
the institution for animals obtained under subsection (2) of
this section, and shall be responsible for facilitating the rapid
return of any animal determined to be a pet animal to the legal
owner who has not given the institution permission to have
the animal or transferred ownership of it to the institution.
(4) For the purposes of this section, "research institution"
means any facility licensed by the United States department
(2010 Ed.)
16.52.300
of agriculture to use animals in biomedical or product
research. [1989 c 359 § 3.]
Application of consumer protection act: RCW 19.86.145.
16.52.225
16.52.225 Nonambulatory livestock—Transporting
or accepting delivery—Gross misdemeanor—Definition.
(1) Unless otherwise cited for a civil infraction by the department of agriculture under RCW 16.36.116(2), a person is
guilty of a gross misdemeanor punishable as provided in
RCW 9A.20.021 if he or she knowingly transports or accepts
delivery of live nonambulatory livestock to, from, or between
any livestock market, feedlot, slaughtering facility, or similar
facility that trades in livestock. The transport or acceptance
of each nonambulatory livestock animal is considered a separate and distinct violation.
(2) Nonambulatory livestock must be humanely euthanized before transport to, from, or between locations listed in
subsection (1) of this section.
(3) Livestock that was ambulatory prior to transport to a
feedlot and becomes nonambulatory because of an injury sustained during transport may be unloaded and placed in a separate pen for rehabilitation at the feedlot.
(4) For the purposes of this section, "nonambulatory
livestock" means cattle, sheep, swine, goats, horses, mules, or
other equine that cannot rise from a recumbent position or
cannot walk, including but not limited to those with broken
appendages, severed tendons or ligaments, nerve paralysis, a
fractured vertebral column, or metabolic conditions. [2009 c
347 § 2; 2004 c 234 § 1.]
Effective date—2004 c 234: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 31, 2004]." [2004 c 234 § 2.]
16.52.230
16.52.230 Remedies not impaired. No provision of
RCW 9.08.070 through 9.08.078 or 16.52.220 shall in any
way interfere with or impair the operation of any other provision of this chapter or Title 28B RCW, relating to higher education or biomedical research. The provisions of RCW
9.08.070 through 9.08.078 and 16.52.220 are cumulative and
nonexclusive and shall not affect any other remedy. [2003 c
53 § 114; 1989 c 359 § 5.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
16.52.300
16.52.300 Dogs or cats used as bait—Seizure—Limitation. (1) If any person commits the crime of animal cruelty
in the first or second degree by using or trapping to use
domestic dogs or cats as bait, prey, or targets for the purpose
of training dogs or other animals to track, fight, or hunt, law
enforcement officers or animal control officers shall seize
and hold the animals being trained. The seized animals shall
be disposed of by the court pursuant to the provisions of
RCW 16.52.200(3).
(2) This section shall not in any way interfere with or
impair the operation of any provision of Title 28B RCW,
relating to higher education or biomedical research. [1994 c
261 § 15; 1990 c 226 § 1.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
[Title 16 RCW—page 25]
16.52.305
Title 16 RCW: Animals and Livestock
16.52.305 Unlawful use of hook—Gross misdemeanor. (1) A person is guilty of the unlawful use of a hook
if the person utilizes, or attempts to use, a hook with the intent
to pierce the flesh or mouth of a bird or mammal.
(2) Unlawful use of a hook is a gross misdemeanor.
[2004 c 220 § 1.]
16.52.305
Effective date—2004 c 220: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 29, 2004]." [2004 c 220 § 2.]
16.52.310 Dog breeding—Limit on the number of
dogs—Required conditions—Penalty—Limitation of section—Definitions. (1) A person may not own, possess, control, or otherwise have charge or custody of more than fifty
dogs with intact sexual organs over the age of six months at
any time.
(2) Any person who owns, possesses, controls, or otherwise has charge or custody of more than ten dogs with intact
sexual organs over the age of six months and keeps the dogs
in an enclosure for the majority of the day must at a minimum:
(a) Provide space to allow each dog to turn about freely,
to stand, sit, and lie down. The dog must be able to lie down
while fully extended without the dog’s head, tail, legs, face,
or feet touching any side of an enclosure and without touching any other dog in the enclosure when all dogs are lying
down simultaneously. The interior height of the enclosure
must be at least six inches higher than the head of the tallest
dog in the enclosure when it is in a normal standing position.
Each enclosure must be at least three times the length and
width of the longest dog in the enclosure, from tip of nose to
base of tail and shoulder blade to shoulder blade.
(b) Provide each dog that is over the age of four months
with a minimum of one exercise period during each day for a
total of not less than one hour of exercise during such day.
Such exercise must include either leash walking or giving the
dog access to an enclosure at least four times the size of the
minimum allowable enclosure specified in (a) of this subsection allowing the dog free mobility for the entire exercise
period, but may not include use of a cat mill, jenny mill, slat
mill, or similar device, unless prescribed by a doctor of veterinary medicine. The exercise requirements in this subsection
do not apply to a dog certified by a doctor of veterinary medicine as being medically precluded from exercise.
(c) Maintain adequate housing facilities and primary
enclosures that meet the following requirements at a minimum:
(i) Housing facilities and primary enclosures must be
kept in a sanitary condition. Housing facilities where dogs
are kept must be sufficiently ventilated at all times to minimize odors, drafts, ammonia levels, and to prevent moisture
condensation. Housing facilities must have a means of fire
suppression, such as functioning fire extinguishers, on the
premises and must have sufficient lighting to allow for observation of the dogs at any time of day or night;
(ii) Housing facilities must enable all dogs to remain dry
and clean;
(iii) Housing facilities must provide shelter and protection from extreme temperatures and weather conditions that
may be uncomfortable or hazardous to the dogs;
16.52.310
[Title 16 RCW—page 26]
(iv) Housing facilities must provide sufficient shade to
shelter all the dogs housed in the primary enclosure at one
time;
(v) A primary enclosure must have floors that are constructed in a manner that protects the dogs’ feet and legs from
injury;
(vi) Primary enclosures must be placed no higher than
forty-two inches above the floor and may not be placed over
or stacked on top of another cage or primary enclosure;
(vii) Feces, hair, dirt, debris, and food waste must be
removed from primary enclosures at least daily or more often
if necessary to prevent accumulation and to reduce disease
hazards, insects, pests, and odors; and
(viii) All dogs in the same enclosure at the same time
must be compatible, as determined by observation. Animals
with a vicious or aggressive disposition must never be placed
in an enclosure with another animal, except for breeding purposes. Breeding females in heat may not be in the same
enclosure at the same time with sexually mature males,
except for breeding purposes. Breeding females and their litters may not be in the same enclosure at the same time with
other adult dogs. Puppies under twelve weeks may not be in
the same enclosure at the same time with other adult dogs,
other than the dam or foster dam unless under immediate
supervision.
(d) Provide dogs with easy and convenient access to adequate amounts of clean food and water. Food and water
receptacles must be regularly cleaned and sanitized. All
enclosures must contain potable water that is not frozen, is
substantially free from debris, and is readily accessible to all
dogs in the enclosure at all times.
(e) Provide veterinary care without delay when necessary. A dog may not be bred if a veterinarian determines that
the animal is unfit for breeding purposes. Only dogs between
the ages of twelve months and eight years of age may be used
for breeding. Animals requiring euthanasia must be euthanized only by a licensed veterinarian.
(3) A person who violates subsection (1) or (2) of this
section is guilty of a gross misdemeanor.
(4) This section does not apply to the following:
(a) A publicly operated animal control facility or animal
shelter;
(b) A private, charitable not-for-profit humane society or
animal adoption organization;
(c) A veterinary facility;
(d) A retail pet store;
(e) A research institution;
(f) A boarding facility; or
(g) A grooming facility.
(5) Subsection (1) of this section does not apply to a
commercial dog breeder licensed, before January 1, 2010, by
the United States department of agriculture pursuant to the
federal animal welfare act (Title 7 U.S.C. Sec. 2131 et seq.).
(6) For the purposes of this section, the following definitions apply, unless the context clearly requires otherwise:
(a) "Dog" means any member of Canis lupus familiaris;
and
(b) "Retail pet store" means a commercial establishment
that engages in a for-profit business of selling at retail cats,
dogs, or other animals to be kept as household pets and is reg(2010 Ed.)
Abandoned Animals
ulated by the United States department of agriculture. [2009
c 286 § 2.]
Findings—2009 c 286: "The legislature finds that:
(1) Dogs are neither a commercial crop nor commodity and should not
be indiscriminately or irresponsibly mass produced;
(2) Large-scale dog breeding increases the likelihood that the dogs will
be denied their most basic needs including but not limited to: Sanitary living
conditions, proper and timely medical care, the ability to move freely at least
once per day, and adequate shelter from the elements;
(3) Without proper oversight, large-scale breeding facilities can easily
fall below even the most basic standards of humane housing and husbandry;
(4) Current Washington state laws are inadequate regarding the care
and husbandry of dogs in large-scale breeding facilities;
(5) No Washington state agency currently regulates large-scale breeding facilities;
(6) The United States department of agriculture does not regulate largescale breeding facilities that sell dogs directly to the public and thus, such
direct-sales breeders are currently exempt from even the minimum care and
housing standards outlined in the federal animal welfare act;
(7) Documented conditions at large-scale breeding facilities include
unsanitary conditions, potential for soil and groundwater contamination, the
spread of zoonotic parasites and infectious diseases, and the sale of sick and
dying animals to the public; and
(8) An unfair fiscal burden is placed on city, county, and state taxpayers as well as government agencies and nongovernmental organizations,
which are required to care for discarded or abused and neglected dogs from
large-scale breeding facilities." [2009 c 286 § 1.]
Effective date—2009 c 286: "This act takes effect January 1, 2010."
[2009 c 286 § 3.]
Chapter 16.54
Chapter 16.54 RCW
ABANDONED ANIMALS
Sections
16.54.010
16.54.020
16.54.030
16.54.010 When deemed abandoned. An animal is
deemed to be abandoned under the provisions of this chapter
when it is placed in the custody of a veterinarian, boarding
kennel owner, or any person for treatment, board, or care and:
(1) Having been placed in such custody for an unspecified period of time the animal is not removed within fifteen
days after notice to remove the animal has been given to the
person who placed the animal in such custody or having been
so notified the person depositing the animal refuses or fails to
pay agreed upon or reasonable charges for the treatment,
board, or care of such animal, or;
(2) Having been placed in such custody for a specified
period of time the animal is not removed at the end of such
specified period or the person depositing the animal refuses
to pay agreed upon or reasonable charges for the treatment,
board, or care of such animal. [1977 ex.s. c 67 § 1; 1955 c
190 § 1.]
16.54.010
16.54.020 Disposition of abandoned animal by person having custody. Any person having in his care, custody,
or control any abandoned animal as defined in RCW
16.54.010, may deliver such animal to any humane society
having facilities for the care of such animals or to any pound
maintained by or under contract or agreement with any city or
county within which such animal was abandoned. If no such
humane society or pound exists within the county the person
with whom the animal was abandoned may notify the sheriff
16.54.020
(2010 Ed.)
of the county wherein the abandonment occurred. [1955 c
190 § 2.]
16.54.030 Duty of sheriff—Sale—Disposition of proceeds. It shall be the duty of the sheriff of such county upon
being so notified, to dispose of such animal as provided by
law in reference to estrays if such law is applicable to the animal abandoned, or if not so applicable then such animal shall
be sold by the sheriff at public auction. Notice of any such
sale shall be given by posting a notice in three public places
in the county at least ten days prior to such public sale. Proceeds of such sale shall be paid to the county treasurer for
deposit in the county general fund. [1955 c 190 § 3.]
16.54.030
Chapter 16.57
Chapter 16.57 RCW
IDENTIFICATION OF LIVESTOCK
Sections
16.57.010
16.57.015
16.57.020
16.57.023
16.57.025
16.57.030
16.57.040
16.57.050
16.57.060
16.57.070
16.57.080
16.57.090
When deemed abandoned.
Disposition of abandoned animal by person having custody.
Duty of sheriff—Sale—Disposition of proceeds.
Chapter 16.57
16.57.100
16.57.105
16.57.110
16.57.120
16.57.130
16.57.140
16.57.150
16.57.153
16.57.160
16.57.165
16.57.170
16.57.180
16.57.200
16.57.210
16.57.220
16.57.223
16.57.230
16.57.240
16.57.243
16.57.245
16.57.260
16.57.267
16.57.270
16.57.275
16.57.277
16.57.280
16.57.290
16.57.300
16.57.303
16.57.310
16.57.320
Definitions.
Livestock identification advisory board—Rule review—Fee
setting.
Livestock brands—Director is the recorder—Recording fee.
Permanent renewal of brands—Heritage brands—Fees.
Livestock inspection—Licensed and accredited veterinarians—Fees.
Tattoo brands and marks not recordable.
Production record brands.
Use of unrecorded brand prohibited—Exception.
Brands similar to governmental brands not to be recorded.
Conflicting claims to brand.
Renewal of recorded brands—Schedule—Fee—Failure to
pay.
Brand is personal property—Instruments affecting title,
recording, effect—Fee—Nonliability of director for agents.
Right to use brand—Brand as evidence of title.
Preemptory right to use brand.
Size and characteristics of brand.
Removal or alteration of brand—Penalty.
Similar brands not to be recorded.
Certified copy of record of brand—Fee.
Brand book—Contents—Costs.
Administration of brands—Rules.
Cattle or horses—Rules—Mandatory inspection points—Selfinspection certificates.
Agreements with others to perform livestock inspection.
Inspection of livestock, hides, records.
Search warrants.
Duty of owner or agent—Livestock inspection.
Arrest without warrant.
Livestock inspection—Fee schedule—Certificates.
Payment of inspection fee—Due at inspection—Lien—Late
fee.
Charges for livestock inspection—Actual inspection required.
Certificates of permit, inspection, self-inspection.
Moving or transporting cattle—Certificate or proof of ownership must accompany—Exceptions.
Authority to stop vehicles carrying cattle or horses.
Removal of cattle or horses from state—Inspection certificate
required.
Failure to present animal for inspection.
Unlawful to refuse assistance in establishing identity and ownership of livestock.
Transporting cattle carcass or primal part—Certificate of permit required.
Custom slaughter beef tags—Fee—Rules.
Possession of cattle or horse marked with another’s brand—
Penalty.
Impounding cattle and horses—No certificate or proof of ownership when offered for sale—Disposition.
Proceeds from sale of impounded cattle and horses—Paid to
director—Exception.
Proceeds from sale of impounded dairy breed cattle—Paid to
seller.
Notice of sale—Claim on proceeds.
Disposition of proceeds of sale when no proof of ownership—
Penalty for accepting proceeds after sale, barter, trade.
[Title 16 RCW—page 27]
16.57.010
16.57.330
16.57.340
16.57.350
16.57.353
16.57.360
16.57.370
16.57.400
16.57.405
16.57.407
16.57.410
16.57.420
16.57.430
16.57.900
16.57.901
16.57.902
Title 16 RCW: Animals and Livestock
Disposition of proceeds of sale—No claim made—No proof of
ownership provided.
Reciprocal agreements—When livestock from another state an
estray, sale.
Rules—Enforcement of chapter.
Rules—Compliance with federal requirements.
Civil infractions.
Disposition of fees.
Horse and cattle identification—Inspection when consigned
for sale.
Microchip in a horse—Removal with intent to defraud—Gross
misdemeanor.
Microchip in a horse—Authority to investigate removal.
Horses—Registering agencies—Permit required—Fee—
Records—Identification symbol inspections—Rules.
Ratite identification.
Replacement copies of brand inspection documents—Rules—
Fees.
Severability—1959 c 54.
Severability—1967 c 240.
Effective dates—2003 c 326.
16.57.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Brand" means a permanent fire brand or any artificial mark, other than an individual identification symbol,
approved by the director to be used in conjunction with a
brand or by itself.
(2) "Certificate of permit" means a form prescribed by
and obtained from the director that is completed by the owner
or a person authorized to act on behalf of the owner to show
the ownership of livestock. It is used to document ownership
of livestock while in transit within the state or on consignment to any public livestock market, special sale, slaughter
plant or certified feed lot. It does not evidence inspection of
livestock.
(3) "Department" means the department of agriculture of
the state of Washington.
(4) "Director" means the director of the department or
his or her duly authorized representative.
(5) "Horses" means horses, burros, and mules.
(6) "Individual identification certificate" means an
inspection certificate that authorizes the livestock owner to
transport the animal out of state multiple times within a set
period of time.
(7) "Individual identification symbol" means a permanent mark placed on a horse for the purpose of individually
identifying and registering the horse and which has been
approved for use as such by the director.
(8) "Inspection certificate" means a certificate issued by
the director or a veterinarian certified by the director documenting the ownership of an animal based on an inspection of
the animal. It includes an individual identification certificate.
(9) "Livestock" includes, but is not limited to, horses,
mules, cattle, sheep, swine, and goats.
(10) "Livestock inspection" or "inspection" means the
examination of livestock or livestock hides for brands or any
means of identifying livestock or livestock hides including
the examination of documents providing evidence of ownership.
(11) "Microchipping" means the implantation of an identification microchip or similar electronic identification
device to establish the identity of an individual animal:
16.57.010
[Title 16 RCW—page 28]
(a) In the pipping muscle of a chick ratite or the implantation of a microchip in the tail muscle of an otherwise unidentified adult ratite;
(b) In the nuchal ligament of a horse unless otherwise
specified by rule of the director; and
(c) In locations of other livestock species as specified by
rule of the director when requested by an association of producers of that species of livestock.
(12) "Person" means a natural person, individual, firm,
partnership, corporation, company, society, and association,
and every officer, agent or employee thereof. This term shall
import either the singular or the plural as the case may be.
(13) "Production record brand" means a number brand
which shall be used for production identification purposes
only.
(14) "Ratite" means, but is not limited to, ostrich, emu,
rhea, or other flightless bird used for human consumption,
whether live or slaughtered.
(15) "Registering agency" means any person issuing an
individual identification symbol for the purpose of individually identifying and registering a horse.
(16) "Self-inspection certificate" means a form prescribed by and obtained from the director that was completed
and signed by the buyer and seller of livestock to document a
change in ownership before June 10, 2010. [2010 c 66 § 5;
2003 c 326 § 2; 1996 c 105 § 1; 1993 c 105 § 2; 1989 c 286 §
22; 1981 c 296 § 15; 1979 c 154 § 17; 1967 c 240 § 34; 1959
c 54 § 1.]
Reviser’s note: The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
Legislative finding and purpose—1993 c 105: "The legislature finds
that ratites have been raised for commercial purposes on farms in the United
States for over sixty years and have been raised elsewhere for over one hundred twenty years.
In recognition that ratite farming is an agricultural pursuit, the purpose
of this act is to assure that the regulatory mechanisms regarding animal
health and ownership identification are in place." [1993 c 105 § 1.]
Additional notes found at www.leg.wa.gov
16.57.015 Livestock identification advisory board—
Rule review—Fee setting. (1) The director shall establish a
livestock identification advisory board. The board shall be
composed of six members appointed by the director. One
member shall represent each of the following groups: Beef
producers, public livestock market operators, horse owners,
dairy farmers, cattle feeders, and meat processors. As used in
this subsection, "meat processor" means a person licensed to
operate a slaughtering establishment under chapter 16.49
RCW or the federal meat inspection act (21 U.S.C. Sec. 601
et seq.). In making appointments, the director shall solicit
nominations from organizations representing these groups
statewide. The board shall elect a member to serve as chair
of the board.
(2) The purpose of the board is to provide advice to the
director regarding livestock identification programs administered under this chapter and regarding inspection fees and
related licensing fees. The director shall consult the board
before adopting, amending, or repealing a rule under this
chapter or altering a fee under RCW 16.58.050, 16.65.030,
16.65.037, or 16.65.090. If the director publishes in the state
register a proposed rule to be adopted under the authority of
this chapter and the rule has not received the approval of the
16.57.015
(2010 Ed.)
Identification of Livestock
advisory board, the director shall file with the board a written
statement setting forth the director’s reasons for proposing
the rule without the board’s approval.
(3) The members of the advisory board serve three-year
terms. However, the director shall by rule provide shorter
initial terms for some of the members of the board to stagger
the expiration of the initial terms. The members serve without compensation. The director may authorize the expenses
of a member to be reimbursed if the member is selected to
attend a regional or national conference or meeting regarding
livestock identification. Any such reimbursement shall be in
accordance with RCW 43.03.050 and 43.03.060. [2003 c 326
§ 3; 1993 c 354 § 10.]
16.57.090
16.57.050
16.57.050 Use of unrecorded brand prohibited—
Exception. No person shall place a brand on livestock for
any purpose unless the brand is recorded with the director in
the person’s name. [2003 c 326 § 9; 1959 c 54 § 5.]
16.57.060
16.57.060 Brands similar to governmental brands
not to be recorded. No brand shall be recorded for ownership purposes which will be applied in the same location and
is similar or identical to a brand used or reserved for ownership or health purposes by a governmental agency or the
agent of such an agency. [1959 c 54 § 6.]
16.57.070
16.57.020 Livestock brands—Director is the
recorder—Recording fee. The director shall be the recorder
of livestock brands and such brands shall not be recorded
elsewhere in this state. Any person desiring to record a livestock brand shall apply on a form prescribed by the director.
The application shall be accompanied by a facsimile of the
brand applied for and a one hundred twenty dollar recording
fee. The director shall, upon his or her satisfaction that the
application and brand facsimile meet the requirements of this
chapter and its rules, record the brand. [2003 c 326 § 4; 1994
c 46 § 7; 1971 ex.s. c 135 § 1; 1965 c 66 § 1; 1959 c 54 § 2.]
16.57.020
Additional notes found at www.leg.wa.gov
16.57.023 Permanent renewal of brands—Heritage
brands—Fees. The director may adopt rules establishing
criteria and fees for the permanent renewal of brands registered with the department but renewed as livestock heritage
brands. Such heritage brands are not intended for use on livestock. [2003 c 326 § 5; 1998 c 263 § 5.]
16.57.023
16.57.025 Livestock inspection—Licensed and
accredited veterinarians—Fees. The director may enter
into agreements with Washington state licensed and accredited veterinarians, who have been certified by the director, to
perform livestock inspection. Fees for livestock inspection
performed by a certified veterinarian shall be collected by the
veterinarian and remitted to the director. Veterinarians providing livestock inspection may charge a fee for livestock
inspection that is in addition to and separate from fees collected under RCW 16.57.220. The director may adopt rules
necessary to implement livestock inspection performed by
veterinarians and may adopt fees to cover the cost associated
with certification of veterinarians. [2003 c 326 § 6; 1998 c
263 § 6.]
16.57.025
16.57.030 Tattoo brands and marks not recordable.
The director shall not record tattoo brands or marks for any
purpose. [2003 c 326 § 7; 1959 c 54 § 3.]
16.57.030
16.57.040 Production record brands. The director
may provide for the use of production record brands. Numbers for such brands shall be issued at the discretion of the
director and shall be placed on livestock immediately below
the recorded ownership brand or any other location prescribed by the director. [2003 c 326 § 8; 1974 ex.s. c 64 § 1;
1959 c 54 § 4.]
16.57.040
(2010 Ed.)
16.57.070 Conflicting claims to brand. The director
shall determine conflicting claims between applicants to a
brand, and in so doing shall consider the priority of applicants. [1959 c 54 § 7.]
16.57.080
16.57.080 Renewal of recorded brands—Schedule—
Fee—Failure to pay. The director shall establish by rule a
schedule for the renewal of recorded brands. The fee for
renewal of a recorded brand shall be one hundred twenty dollars for each four-year period of brand ownership, except that
the director may, in adopting a renewal schedule, provide for
the collection of renewal fees on a prorated basis. At least
sixty days before the expiration of a recorded brand, the
director shall notify by letter the owner of record of the brand
that on the payment of the renewal fee the director shall issue
proof of payment allowing the brand owner exclusive ownership and use of the brand for the subsequent ownership
period. The failure of the owner to pay the renewal fee by the
date required by rule shall cause ownership of the brand to
expire. For one year following the expiration, the director
shall record the brand only to the prior owner upon payment
of the renewal fee and a late fee of twenty-five dollars. If the
brand is not recorded within one year to the prior owner, the
director may issue the brand to any other applicant. [2003 c
326 § 10; 1994 c 46 § 16; 1993 c 354 § 5; 1991 c 110 § 1;
1974 ex.s. c 64 § 2; 1971 ex.s. c 135 § 2; 1965 c 66 § 3; 1961
c 148 § 1; 1959 c 54 § 8.]
Additional notes found at www.leg.wa.gov
16.57.090
16.57.090 Brand is personal property—Instruments
affecting title, recording, effect—Fee—Nonliability of
director for agents. A brand is the personal property of the
owner of record. Any instrument affecting the title of the
brand shall be executed by the recorded owner and acknowledged by a notary public. The director shall record the instrument upon presentation and payment of a recording fee of
twenty-five dollars. The recording shall be constructive
notice to all the world of the existence and conditions affecting the title to the brand. A copy of all records concerning the
brand, certified by the director, shall be received in evidence
to all intent and purposes as the original instrument. The
director shall not be personally liable for failure of the director’s agents to properly record the instrument. [2003 c 326 §
11; 1994 c 46 § 17; 1993 c 354 § 6; 1974 ex.s. c 64 § 3; 1965
c 66 § 2; 1959 c 54 § 9.]
Additional notes found at www.leg.wa.gov
[Title 16 RCW—page 29]
16.57.100
Title 16 RCW: Animals and Livestock
16.57.100
16.57.100 Right to use brand—Brand as evidence of
title. The right to use a brand shall be evidenced by the original certificate issued by the director showing that the brand
is of present record or a certified copy of the record of the
brand showing that it is of present record. A healed brand of
record on livestock shall be prima facie evidence that the
recorded owner of the brand has legal title to the livestock
and is entitled to its possession. The director may require
additional proof of ownership for any animal showing more
than one healed brand. [2003 c 326 § 12; 1971 ex.s. c 135 §
3; 1959 c 54 § 10.]
16.57.105
16.57.105 Preemptory right to use brand. Any person
having a brand recorded with the department shall have a preemptory right to use such brand and its design under any
newly approved method of branding adopted by the director.
[1967 c 240 § 38.]
16.57.110
16.57.110 Size and characteristics of brand. No brand
shall be placed on livestock that is not permanent in nature
and of a size that is not readily visible. The director, in order
to assure that brands are readily visible, may prescribe the
size of branding irons to be used for ownership brands. [1959
c 54 § 11.]
16.57.120
16.57.120 Removal or alteration of brand—Penalty.
No person shall remove or alter a brand of record on livestock
without first having secured the written permission of the
director. Violation of this section is a gross misdemeanor.
[2003 c 326 § 13; 1991 c 110 § 2; 1959 c 54 § 12.]
16.57.130
16.57.130 Similar brands not to be recorded. The
director shall not record a brand that is identical to a brand of
present record; nor a brand so similar to a brand of present
record that it will be difficult to distinguish between the
brands when applied to livestock. [2003 c 326 § 14; 1959 c
54 § 13.]
16.57.153
16.57.153 Administration of brands—Rules. The
director may adopt rules necessary to administer the recording and changing of ownership of brands. [2003 c 326 § 17.]
16.57.160
16.57.160 Cattle or horses—Rules—Mandatory
inspection points—Self-inspection certificates. (1) The
director may adopt rules:
(a) Designating any point for mandatory inspection of
cattle or horses or the furnishing of proof that cattle or horses
passing or being transported through the point have been
inspected or identified and are lawfully being transported;
(b) Providing for issuance of individual horse and cattle
identification certificates or other means of horse and cattle
identification; and
(c) Designating the documents that constitute other satisfactory proof of ownership for cattle and horses. A bill of
sale may not be designated as documenting satisfactory proof
of ownership for cattle.
(2) A self-inspection certificate may be accepted as satisfactory proof of ownership for cattle if the director determines that the self-inspection certificate, together with other
available documentation, sufficiently establishes ownership.
Self-inspection certificates completed after June 10, 2010,
are not satisfactory proof of ownership for cattle. [2010 c 66
§ 6; 2006 c 156 § 3; 2003 c 326 § 18; 1991 c 110 § 3; 1981 c
296 § 16; 1971 ex.s. c 135 § 4; 1959 c 54 § 16.]
Effective date—2006 c 156: See note following RCW 16.57.220.
Additional notes found at www.leg.wa.gov
16.57.165
16.57.165 Agreements with others to perform livestock inspection. The director may, in order to reduce the
cost of inspection to livestock owners, enter into agreements
with any qualified county, municipal, or other local law
enforcement agency, or qualified individuals for the purpose
of performing livestock inspection in areas where inspection
by the director may not readily be available. [2003 c 326 §
19; 1971 ex.s. c 135 § 6.]
16.57.140
16.57.140 Certified copy of record of brand—Fee.
The owner of a brand of record may obtain from the director
a certified copy of the record of the owner’s brand upon payment of a fee of fifteen dollars. [2003 c 326 § 15; 1994 c 46
§ 18; 1993 c 354 § 7; 1974 ex.s. c 64 § 4; 1959 c 54 § 14.]
Additional notes found at www.leg.wa.gov
16.57.150
16.57.150 Brand book—Contents—Costs. The director shall publish a book to be known as the "Washington State
Brand Book", showing all the brands of record. The book
shall contain the name and address of the owners of brands of
record and a copy of the livestock identification laws and
rules. Supplements to the brand book showing newly
recorded brands, amendments, or newly adopted rules shall
be published at the discretion of the director. Whenever the
director deems it necessary, the director may publish a new
brand book. The director may collect moneys to recover the
reasonable costs of publishing and distributing copies of the
brand book. [2003 c 326 § 16; 1974 ex.s. c 64 § 5; 1959 c 54
§ 15.]
[Title 16 RCW—page 30]
16.57.170
16.57.170 Inspection of livestock, hides, records. The
director may enter at any reasonable time any slaughterhouse
or public livestock market to inspect livestock or hides, and
may enter at any reasonable time an establishment where
hides are held to inspect them for brands or other means of
identification. The director may enter any of these premises
at any reasonable time to examine all books and records
required by law in matters relating to livestock identification.
For purposes of this section, "any reasonable time" means
during regular business hours or during any working shift.
[2003 c 326 § 20; 1959 c 54 § 17.]
16.57.180
16.57.180 Search warrants. Should the director be
denied access to any premises or establishment where access
was sought for the purposes set forth in RCW 16.57.170, the
director may apply to any court of competent jurisdiction for
a search warrant authorizing access to the premises or establishment for those purposes. The court may upon application, issue the search warrant for the purposes requested.
[2003 c 326 § 21; 1959 c 54 § 18.]
(2010 Ed.)
Identification of Livestock
16.57.200 Duty of owner or agent—Livestock inspection. Any owner or his or her agent shall make livestock
being inspected readily accessible and shall cooperate with
the director to carry out the inspection in a safe and expeditious manner. [2003 c 326 § 22; 1959 c 54 § 20.]
16.57.200
16.57.243
Effective date—2006 c 156: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 1, 2006."
[2006 c 156 § 4.]
Additional notes found at www.leg.wa.gov
16.57.223 Payment of inspection fee—Due at inspection—Lien—Late fee. (1) Any inspection fee shall be paid
to the department by the owner or person in possession of the
livestock unless the inspection is requested by the purchaser
and then the fee shall be paid by the purchaser.
(2) Except as provided by rule, the inspection fee is due
and payable at the time inspection is performed and shall be
paid upon billing by the department and, if not, constitutes a
prior lien on the cattle or cattle hides or horses or horse hides
inspected until the fee is paid.
(3) A late fee of one and one-half percent per month shall
be assessed on the unpaid balance against persons more than
thirty days in arrears. [2003 c 326 § 25.]
16.57.223
16.57.210 Arrest without warrant. The director shall
have authority to arrest without warrant anywhere in the state
any person found in the act of, or whom the director has reason to believe is guilty of, transporting, holding, selling, or
slaughtering stolen livestock. Any person arrested by the
director shall be turned over to the county sheriff or other
local law enforcement officer where the arrest was made, as
quickly as possible. [2003 c 326 § 23; 1959 c 54 § 21.]
16.57.210
16.57.220 Livestock inspection—Fee schedule—Certificates. (1) Except as provided for in RCW 16.65.090 and
otherwise in this section, the fee for livestock inspection is
one dollar and sixty cents per head for cattle and three dollars
and fifty cents for horses or the time and mileage fee, whichever is greater.
(2) When cattle are identified with the owner’s brand or
other form of identification specified by the director by rule,
the fee for livestock inspection is one dollar and ten cents per
head or the time and mileage fee, whichever is greater.
(3) No inspection fee is charged for a calf that is
inspected before moving out-of-state under an official temporary grazing permit if the calf is part of a cow-calf unit and
the calf is identified with the owner’s Washington-recorded
brand or other form of identification specified by the director
by rule.
(4) The fee for inspection of cattle at a processing plant
with a daily capacity of no more than five hundred head of
cattle where the United States department of agriculture
maintains a meat inspection program is four dollars per head.
(5) When a single inspection certificate issued for thirty
or more horses belonging to one person, the fee for livestock
inspection is two dollars per head or the time and mileage fee,
whichever is greater.
(6) The fee for individual identification certificates is
twenty dollars for an annual certificate and sixty dollars for a
lifetime certificate or the time and mileage fee, whichever is
greater. However, the fee for an annual certificate listing
thirty or more animals belonging to one person is five dollars
per head or the time and mileage fee, whichever is greater. A
lifetime certificate shall not be issued until the fee has been
paid to the director.
(7) The minimum fee for the issuance of an inspection
certificate by the director is five dollars. The minimum fee
does not apply to livestock consigned to a public livestock
market or special sale or inspected at a cattle processing
plant.
(8) For purposes of this section, "the time and mileage
fee" means seventeen dollars per hour and the current mileage rate set by the office of financial management. [2010 c
66 § 7; 2006 c 156 § 1; 2003 c 326 § 24; 1997 c 356 § 3; 1997
c 356 § 2; 1995 c 374 § 49; (1995 c 374 § 48 expired July 1,
1997). Prior: 1994 c 46 § 25; 1994 c 46 § 19; 1993 c 354 §
8; 1981 c 296 § 17; 1971 ex.s. c 135 § 5; 1967 c 240 § 35;
1959 c 54 § 22.]
16.57.220
(2010 Ed.)
16.57.230 Charges for livestock inspection—Actual
inspection required. No person shall collect or make a
charge for inspection of livestock unless there has been an
actual inspection of the livestock. [2003 c 326 § 26; 1995 c
374 § 50; 1959 c 54 § 23.]
16.57.230
Additional notes found at www.leg.wa.gov
16.57.240 Certificates of permit, inspection, selfinspection. (1) Certificates of permit, inspection certificates,
and self-inspection certificates meeting the requirements of
RCW 16.57.160 shall show the owner, number, breed, sex,
brand, or other method of identification of the cattle or horses
and any other necessary information required by the director.
(2) The director may issue certificate of permit forms to
any person on payment of a fee established by rule.
(3) Certificates of permit, inspection certificates, selfinspection certificates meeting the requirements of RCW
16.57.160, or other satisfactory proof of ownership shall be
kept by the owner and/or person in possession of any cattle
and shall be furnished to the director or any peace officer
upon demand.
(4) A self-inspection certificate meeting the requirements of RCW 16.57.160 is not valid if proof of ownership
had not been provided by the seller to the buyer for cattle
bearing brands not recorded to the seller. [2010 c 66 § 8;
2003 c 326 § 27; 1995 c 374 § 51; 1991 c 110 § 4; 1985 c 415
§ 8; 1981 c 296 § 18; 1959 c 54 § 24.]
16.57.240
Additional notes found at www.leg.wa.gov
16.57.243 Moving or transporting cattle—Certificate
or proof of ownership must accompany—Exceptions. (1)
Cattle may not be moved or transported within Washington
state without being accompanied by a certificate of permit,
inspection certificate, self-inspection certificate meeting the
requirements of RCW 16.57.160, or other satisfactory proof
of ownership, except when the cattle are moved or transported:
(a) Upon lands under the exclusive control of the person
moving or transporting the cattle; or
16.57.243
[Title 16 RCW—page 31]
16.57.245
Title 16 RCW: Animals and Livestock
(b) For temporary grazing or feeding purposes and have
the recorded brand of the person having or transporting the
cattle.
(2) Certificates of permit, inspection certificates, selfinspection certificates meeting the requirements of RCW
16.57.160, or other satisfactory proof of ownership accompanying cattle being moved or transported within Washington
state shall be subject to inspection at any time by the director
or any peace officer. [2010 c 66 § 9; 2003 c 326 § 28.]
16.57.245 Authority to stop vehicles carrying cattle
or horses. The director or any peace officer may stop vehicles carrying cattle or horses to determine if the livestock
being transported are accompanied by a certificate of permit,
inspection certificate, self-inspection certificate meeting the
requirements of RCW 16.57.010, or other satisfactory proof
of ownership, as determined by the director. [2010 c 66 § 10;
2003 c 326 § 29.]
16.57.245
16.57.260 Removal of cattle or horses from state—
Inspection certificate required. It is unlawful for any person to remove or cause to be removed or accept for removal
from this state, any cattle or horses which are not accompanied at all times by an inspection certificate on such cattle or
horses, except as provided by rule adopted under this chapter.
[2003 c 326 § 30; 1981 c 296 § 19; 1959 c 54 § 26.]
16.57.260
Additional notes found at www.leg.wa.gov
handled by the slaughterer. The tags must remain on the quarters until the quarters are cut and wrapped. Only the director
may provide custom slaughter beef tags to custom farm
slaughterers. The fee for each set of four custom slaughter
beef tags is as prescribed in WAC 16-607-100 as it existed on
January 1, 2000. The director may, by rule, establish criteria
for the use of custom slaughter beef tags. [2000 c 99 § 14.]
16.57.280 Possession of cattle or horse marked with
another’s brand—Penalty. (1) No person shall knowingly
have possession of any cattle or horse marked with a recorded
brand of another person unless the:
(a) Cattle or horse lawfully bears the person’s own
healed recorded brand;
(b) Cattle or horse is accompanied by a certificate of permit from the owner of the recorded brand;
(c) Cattle or horse is accompanied by an inspection certificate;
(d) Cattle are accompanied by a self-inspection certificate meeting the requirements of RCW 16.57.010;
(e) Horse is accompanied by a bill of sale from the previous owner; or
(f) Cattle or horse is accompanied by other satisfactory
proof of ownership as designated in rule.
(2) A violation of this section constitutes a gross misdemeanor. [2010 c 66 § 11; 2003 c 326 § 34; 1995 c 374 § 52;
1991 c 110 § 5; 1959 c 54 § 28.]
16.57.280
Additional notes found at www.leg.wa.gov
16.57.267 Failure to present animal for inspection. It
is unlawful for any person to fail to present an animal for
inspection at any mandatory inspection point designated by
the director by rule under this chapter. [2003 c 326 § 31.]
16.57.267
16.57.270 Unlawful to refuse assistance in establishing identity and ownership of livestock. It is unlawful for
any person moving or transporting livestock in this state to
refuse to assist the director or any peace officer in establishing the identity and ownership of the livestock being moved
or transported. [2003 c 326 § 32; 1959 c 54 § 27.]
16.57.270
16.57.275 Transporting cattle carcass or primal
part—Certificate of permit required. Any cattle carcass,
or primal part thereof, of any breed or age being transported
in this state from other than a state or federal licensed and
inspected slaughterhouse or common carrier hauling for the
slaughterhouse, shall be accompanied by a certificate of permit signed by the owner of the carcass or primal part thereof
and, if the carcass or primal part is delivered to a facility custom handling the carcasses or primal parts thereof, the certificate of permit shall be deposited with the owner or manager
of the custom handling facility and the certificate of permit
shall be retained for a period of one year and be made available to the department for inspection during regular business
hours or any working shift. [2003 c 326 § 33; 1967 c 240 §
37.]
16.57.275
16.57.277 Custom slaughter beef tags—Fee—Rules.
Any person licensed as a custom farm slaughterer under
RCW 16.49.035 shall complete and attach a custom slaughter
beef tag to each of the four quarters of all slaughtered cattle
16.57.277
[Title 16 RCW—page 32]
16.57.290 Impounding cattle and horses—No certificate or proof of ownership when offered for sale—Disposition. All cattle and horses that are not accompanied by a
certificate of permit, inspection certificate, self-inspection
certificate meeting the requirements of RCW 16.57.160, or
other satisfactory proof of ownership when offered for sale
and presented for inspection by the director, shall be
impounded. If theft is suspected, the director shall immediately initiate an investigation. If theft is not suspected, the
animal shall be sold and the proceeds retained by the director.
Upon the sale of the cattle or horses, the director shall give
the purchasers an inspection certificate for the cattle or horses
documenting their ownership. [2010 c 66 § 12; 2003 c 326 §
35; 1995 c 374 § 53; 1989 c 286 § 23; 1981 c 296 § 20; 1979
c 154 § 18; 1967 ex.s. c 120 § 6; 1959 c 54 § 29.]
16.57.290
Additional notes found at www.leg.wa.gov
16.57.300 Proceeds from sale of impounded cattle
and horses—Paid to director—Exception. Except under
RCW 16.57.303, the proceeds from the sale of cattle and
horses when impounded under RCW 16.57.290, after paying
the cost thereof, shall be paid to the director, who shall make
a record showing the brand or marks or other method of identification of the animals and the amount realized from the sale
thereof. However, the proceeds from a sale of the cattle or
horses at a licensed public livestock market shall be held by
the licensee for a reasonable period not to exceed thirty days
to permit the consignor to establish ownership or the right to
sell the cattle or horses. If the consignor fails to establish
legal ownership or the right to sell the cattle or horses, the
proceeds shall be paid to the director to be disposed of as any
16.57.300
(2010 Ed.)
Identification of Livestock
other estray proceeds. [2003 c 326 § 36; 1989 c 286 § 24;
1981 c 296 § 21; 1959 c 54 § 30.]
Additional notes found at www.leg.wa.gov
16.57.303 Proceeds from sale of impounded dairy
breed cattle—Paid to seller. The proceeds from the sale of
dairy breed cattle when impounded under RCW 16.57.290,
and after paying the cost thereof, shall be paid to the seller if:
(1) The cattle bears a brand that is not recorded in this
state or any state where a reciprocal agreement is in place as
provided under RCW 16.57.340;
(2) There is no evidence of theft;
(3) The director has posted the brand for at least ninety
days at each licensed public livestock market in this state and
any other state where the director provides for livestock
inspection; and
(4) No other person has established legal ownership of
the cattle with the director.
The proceeds from the sale shall be held by the director
until paid to the seller or other person as specified by the
director. However, the proceeds from a sale of the cattle at a
licensed public livestock market shall be held by the licensee.
[2003 c 326 § 37.]
16.57.303
16.57.310 Notice of sale—Claim on proceeds. When
a person has been notified by registered mail that animals
bearing the person’s recorded brand have been sold by the
director, the person shall present to the director a claim on the
proceeds within thirty days from the receipt of the notice or
the director may decide that no claim exists. [2003 c 326 §
38; 1959 c 54 § 31.]
16.57.310
16.57.320 Disposition of proceeds of sale when no
proof of ownership—Penalty for accepting proceeds after
sale, barter, trade. If, after the expiration of one year from
the date of sale, the person presenting the animals for inspection has not provided the director with satisfactory proof of
ownership, the proceeds from the sale shall be paid on the
claim of the owner of the recorded brand. However, it shall
be a gross misdemeanor for the owner of the recorded brand
to knowingly accept such funds after he or she has sold, bartered or traded such animals to the claimant or any other person. [2003 c 326 § 39; 1991 c 110 § 6; 1959 c 54 § 32.]
16.57.400
of the state of origin of the livestock. The director may hold
the livestock subject to all costs of holding or sell the livestock and send the funds, after the deduction of the cost of the
sale, to the proper authority in the state of origin of the livestock. [2003 c 326 § 41; 1959 c 54 § 34.]
16.57.350 Rules—Enforcement of chapter. The
director may adopt such rules as are necessary to carry out the
purposes of this chapter. It shall be the duty of the director to
enforce and carry out the provisions of this chapter and/or
rules adopted hereunder. No person shall interfere with the
director when he or she is performing or carrying out duties
imposed on him or her by this chapter and/or rules adopted
hereunder. [1994 c 46 § 8; 1959 c 54 § 35.]
16.57.350
Additional notes found at www.leg.wa.gov
16.57.353 Rules—Compliance with federal requirements. (1) The director may adopt rules:
(a) To support the agriculture industry in meeting federal
requirements for the country-of-origin labeling of meat. Any
requirements established under this subsection for country of
origin labeling purposes shall be substantially consistent with
and shall not exceed the requirements established by the
United States department of agriculture; and
(b) In consultation with the livestock identification advisory board under RCW 16.57.015, to implement federal
requirements for animal identification needed to trace the
source of livestock for disease control and response purposes.
(2) The director may cooperate with and enter into agreements with other states and agencies of federal government to
carry out such systems and to promote consistency of regulation. [2004 c 233 § 1.]
16.57.353
16.57.320
16.57.330 Disposition of proceeds of sale—No claim
made—No proof of ownership provided. If, after the expiration of one year from the date of sale, no claim under RCW
16.57.310 is made or no satisfactory proof of ownership is
provided under RCW 16.57.320, the money shall be credited
to the department to be expended in carrying out the provisions of this chapter. [2003 c 326 § 40; 1959 c 54 § 33.]
16.57.330
16.57.340 Reciprocal agreements—When livestock
from another state an estray, sale. The director has the
authority to enter into reciprocal agreements with any or all
states to prevent the theft, misappropriation, or loss of identification of livestock. The director may declare any livestock
which is shipped or moved into this state from those states
estrays if the livestock is not accompanied by the proper
inspection certificate or other certificates required by the law
16.57.340
(2010 Ed.)
16.57.360 Civil infractions. The department is authorized to issue notices of and enforce civil infractions in the
manner prescribed under chapter 7.80 RCW.
The violation of any provision of this chapter and/or
rules adopted under this chapter shall constitute a class I civil
infraction as provided under chapter 7.80 RCW unless otherwise specified herein. [2003 c 326 § 42; 1991 c 110 § 7; 1959
c 54 § 36.]
16.57.360
16.57.370 Disposition of fees. All fees collected under
the provisions of this chapter shall be deposited in an account
in the agricultural local fund and used to carry out the purposes of this chapter. [2003 c 326 § 43; 1959 c 54 § 37.]
16.57.370
Fees provided in chapter 16.58 RCW to be used to carry out provisions of
chapters 16.57 and 16.58 RCW: RCW 16.58.130.
16.57.400 Horse and cattle identification—Inspection when consigned for sale. Horses and cattle may be
identified by individual identification certificates or other
means of identification authorized by the director. The certificates or other means of identification are valid only for the
use of the owner in whose name it is issued.
Horses and cattle identified pursuant to this section are
only subject to inspection when the animal is consigned for
sale. [2003 c 326 § 44; 1994 c 46 § 20; 1993 c 354 § 9; 1981
c 296 § 23; 1974 ex.s. c 38 § 3.]
16.57.400
Additional notes found at www.leg.wa.gov
[Title 16 RCW—page 33]
16.57.405
Title 16 RCW: Animals and Livestock
16.57.405 Microchip in a horse—Removal with
intent to defraud—Gross misdemeanor. A person who
removes or causes to be removed a microchip implanted in a
horse, or who removes or causes to be removed a microchip
from one horse and implants or causes it to be implanted in
another horse, with the intent to defraud a subsequent purchaser, is guilty of a gross misdemeanor. [1996 c 105 § 2.]
16.57.405
16.57.407 Microchip in a horse—Authority to investigate removal. The department has the authority to conduct
an investigation of an incident where scars or other marks
indicate that a microchip has been removed from a horse.
[1996 c 105 § 3.]
16.57.407
16.57.410 Horses—Registering agencies—Permit
required—Fee—Records—Identification symbol inspections—Rules. (1) No person may act as a registering agency
without a permit issued by the director. The director may
issue a permit to any person to act as a registering agency for
the purpose of issuing permanent identification symbols for
horses in a manner prescribed by the director. Application
for a permit, or the renewal thereof by January 1 of each year,
shall be on a form prescribed by the director, and accompanied by the proof of registration to be issued, any other documents required by the director, and a fee of two hundred and
fifty dollars.
(2) Each registering agency shall maintain a permanent
record for each individual identification symbol. The record
shall include, but need not be limited to, the name, address,
and phone number of the horse owner and a general description of the horse. A copy of each permanent record shall be
forwarded to the director, if requested by the director.
(3) Horses shall be examined for individual identification symbols when presented for inspection.
(4) The director shall adopt rules necessary to administer
this section. [2003 c 326 § 45; 1993 c 354 § 11; 1989 c 286
§ 25; 1981 c 296 § 35.]
16.57.410
Additional notes found at www.leg.wa.gov
16.57.420 Ratite identification. The department may,
in consultation with representatives of the ratite industry,
develop by rule a system that provides for the identification
of individual ratites through the use of microchipping. The
department may establish fees for the issuance or reissuance
of microchipping numbers sufficient to cover the expenses of
the department. [1993 c 105 § 3.]
16.57.420
Legislative finding and purpose—1993 c 105: See note following
RCW 16.57.010.
16.57.430 Replacement copies of brand inspection
documents—Rules—Fees. The director may:
(1) Adopt rules governing issuance of replacement copies of brand inspection documents; and
(2) Charge a fee of twenty-five dollars for such copies,
which may be increased by rule. [2010 c 66 § 13.]
16.57.430
16.57.900 Severability—1959 c 54. If any section or
provision of this chapter shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the chapter as a whole, or any section, provision or part
16.57.900
[Title 16 RCW—page 34]
thereof, not adjudged invalid or unconstitutional. [1959 c 54
§ 38.]
16.57.901 Severability—1967 c 240. See note following RCW 43.23.010.
16.57.901
16.57.902 Effective dates—2003 c 326. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect July 1, 2003,
except for sections 4 and 10 of this act which take effect January 1, 2004. [2003 c 326 § 93.]
16.57.902
Chapter 16.58 RCW
IDENTIFICATION OF CATTLE THROUGH
LICENSING OF CERTIFIED FEED LOTS
Chapter 16.58
Sections
16.58.010
16.58.020
16.58.030
16.58.040
16.58.050
16.58.060
16.58.070
16.58.080
16.58.095
16.58.100
16.58.110
16.58.120
16.58.130
16.58.140
16.58.150
16.58.160
16.58.170
16.58.900
16.58.910
Purpose.
Definitions.
Rules—Interference with director proscribed.
Certified feed lot license—Required—Application, contents.
Certified feed lot license—Fee—Issuance or renewal—
Inspection prior to issuance of original license.
Certified feed lot license—Expiration—Late renewal.
Certified feed lot license—Denial, suspension, or revocation—Hearings.
Livestock inspection—Facilities required—Help to be furnished.
Inspection required for cattle not having inspection certificate.
Audits—Purpose.
Records—Contents—Examination.
Records required at each certified feed lot.
Feed lots—Fee for each head of cattle handled—Failure to
pay.
Disposition of fees.
Situations when no inspection required—Fee—Suspension of
license—Hearing.
Suspension of license awaiting investigation—Hearing.
General penalties—Subsequent offenses.
Chapter as cumulative and nonexclusive.
Severability—1971 ex.s. c 181.
16.58.010 Purpose. The purpose of this chapter is to
expedite the movement of cattle from producers to the point
of slaughter without losing the ownership identity of such
cattle, and further to provide for fair and economical methods
of identification of cattle in such commercial feed lots. [1979
c 81 § 1; 1971 ex.s. c 181 § 1.]
16.58.010
16.58.020 Definitions. For the purpose of this chapter:
(1) "Certified feed lot" means any place, establishment,
or facility commonly known as a commercial feed lot, cattle
feed lot, or the like, which complies with all of the requirements of this chapter, and any rules adopted under this chapter and which holds a valid license from the director.
(2) "Department" means the department of agriculture of
the state of Washington.
(3) "Director" means the director of the department or
his or her duly authorized representative.
(4) "Licensee" means any persons licensed under the
provisions of this chapter.
(5) "Person" means a natural person, individual, firm,
partnership, corporation, company, society, and association,
and every officer, agent or employee thereof. This term shall
import either the singular or the plural as the case may be.
16.58.020
(2010 Ed.)
Identification of Cattle Through Licensing of Certified Feed Lots
(6) "Livestock inspection" or "inspection" means the
examination of livestock or livestock hides for brands or any
means of identifying livestock or livestock hides including
the examination of documents providing evidence of ownership.
(7) "Change of ownership" means the transfer of ownership from one person to another by the sale of livestock. It
does not mean: A change in partners within a partnership; a
change in members within an association or a society; or the
sale of stock within a corporation, company, or association.
(8) "Direct to slaughter" means the delivery of livestock
to a slaughter plant within ten days of the sale of the cattle to
the slaughter plant. [2003 c 326 § 46; 1971 ex.s. c 181 § 2.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.100
§ 23; 1994 c 46 § 14; 1993 c 354 § 3; 1979 c 81 § 2; 1971
ex.s. c 181 § 5.]
Effective dates—2003 c 326: See RCW 16.57.902.
Additional notes found at www.leg.wa.gov
16.58.060 Certified feed lot license—Expiration—
Late renewal. Certified feed lot licenses expire on June 30th
following the date of issuance. If a person fails, refuses, or
neglects to apply for renewal of a license by June 30th, the
person’s license shall expire. To reinstate a license, the person shall be assessed a late fee of twenty-five dollars which
shall be added to the regular license fee and shall be paid
before the director may issue a license to the applicant. [2003
c 326 § 50; 1991 c 109 § 10; 1971 ex.s. c 181 § 6.]
16.58.060
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.030 Rules—Interference with director proscribed. The director may adopt those rules as are necessary
to carry out the purpose of this chapter. No person shall interfere with the director when he or she is performing or carrying out any duties imposed upon the director by this chapter
or rules adopted under this chapter. [2003 c 326 § 47; 1971
ex.s. c 181 § 3.]
16.58.030
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.040 Certified feed lot license—Required—
Application, contents. Any person desiring to engage in the
business of operating one or more certified feed lots shall
obtain an annual license from the director for that purpose.
The application for a license shall be on a form prescribed by
the director and shall include the following:
(1) The number of certified feed lots the applicant
intends to operate and their exact location and mailing
address;
(2) The legal description of the land on which the certified feed lot will be situated;
(3) A complete description of the facilities used for feeding and handling of cattle at each certified feed lot;
(4) The estimated number of cattle which can be handled
for feeding purposes at each certified feed lot; and
(5) Any other information necessary to carry out the purpose and provisions of this chapter and rules adopted under
this chapter. [2003 c 326 § 48; 1971 ex.s. c 181 § 4.]
16.58.040
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.050 Certified feed lot license—Fee—Issuance
or renewal—Inspection prior to issuance of original
license. (1) The application for an annual license to engage
in the business of operating one or more certified feed lots
shall be accompanied by a license fee of eight hundred fifty
dollars.
(2) Upon approval of the application by the director and
compliance with the provisions of this chapter and rules
adopted under this chapter, the applicant shall be issued a
license or license renewal. The director shall conduct an
inspection of all cattle and their corresponding ownership
documents prior to issuing an original license. The inspection fee is the higher of the current inspection fee per head of
cattle or time and mileage as set forth in RCW 16.57.220.
[2003 c 326 § 49; 1997 c 356 § 5; 1997 c 356 § 4; 1994 c 46
16.58.050
(2010 Ed.)
16.58.070 Certified feed lot license—Denial, suspension, or revocation—Hearings. The director is authorized
to deny, suspend, or revoke a license in accordance with the
provisions of chapter 34.05 RCW if he or she finds that there
has been a failure to comply with any requirement of this
chapter or rules adopted under this chapter. Hearings for the
revocation, suspension, or denial of a license shall be subject
to the provisions of chapter 34.05 RCW. [2003 c 326 § 51;
1989 c 175 § 54; 1971 ex.s. c 181 § 7.]
16.58.070
Effective dates—2003 c 326: See RCW 16.57.902.
Additional notes found at www.leg.wa.gov
1 6 . 5 8 .0 8 0 L i v e s t o c k i n s p ec t i o n — F a c i l i t i e s
required—Help to be furnished. Every certified feed lot
shall be equipped with a facility or a livestock pen, approved
by the director as to location and construction within the feed
lot so that necessary livestock inspection can be carried on in
a proper, expeditious and safe manner. Each licensee shall
furnish the director with sufficient help necessary to carry out
inspections in the manner set forth above. [2003 c 326 § 52;
1971 ex.s. c 181 § 8.]
16.58.080
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.095 Inspection required for cattle not having
inspection certificate. All cattle entering or reentering a certified feed lot must be inspected upon entry, unless they are
accompanied by an inspection certificate issued by the director, or any other agency authorized in any state or Canadian
province by law to issue a certificate. Licensees shall report
a discrepancy between cattle entering or reentering a certified
feed lot and the inspection certificate accompanying the cattle to the nearest inspector immediately. A discrepancy may
require an inspection of all the cattle entering or reentering
the lot, except as may otherwise be provided by rule. [2003 c
326 § 53; 1991 c 109 § 11; 1979 c 81 § 6.]
16.58.095
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.100 Audits—Purpose. The director shall conduct audits of the cattle received, fed, handled, and shipped
by the licensee at each certified feed lot. These audits shall
be for the purpose of determining if the cattle correlate with
the inspection certificates issued in their behalf and that the
certificate of assurance furnished the director by the licensee
correlates with his or her assurance that inspected cattle were
16.58.100
[Title 16 RCW—page 35]
16.58.110
Title 16 RCW: Animals and Livestock
not commingled with uninspected cattle. [2003 c 326 § 54;
1979 c 81 § 3; 1971 ex.s. c 181 § 10.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.110 Records—Contents—Examination. All
certified feed lots shall furnish the director with records as
requested by the director on a monthly basis on all cattle
entering or on feed in the certified feed lots and dispersed
therefrom. These records must include a copy of each
inspection certificate received and an itemized listing of all
cattle entering and leaving the feed lot. All requested records
shall be subject to examination by the director for the purpose
of maintaining the integrity of the identity of all the cattle.
The director may make the examinations only during regular
business hours or any working shift except in an emergency
to protect the interest of the owners of the cattle. [2003 c 326
§ 55; 1991 c 109 § 12; 1971 ex.s. c 181 § 11.]
16.58.110
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.120 Records required at each certified feed lot.
The licensee shall maintain sufficient records as required by
the director at each certified feed lot, if said licensee operates
more than one certified feed lot. [1991 c 109 § 13; 1971 ex.s.
c 181 § 12.]
16.58.120
16.58.130 Feed lots—Fee for each head of cattle handled—Failure to pay. Each licensee shall pay to the director
a fee of twenty-five cents for each head of cattle handled
through the licensee’s feed lot. Payment of the fee shall be
made by the licensee on a monthly basis. Failure to pay as
required shall be grounds for suspension or revocation of a
certified feed lot license. The director shall not renew a certified feed lot license if a licensee has failed to make prompt
and timely payments. [2006 c 156 § 2; 2003 c 326 § 56; 1997
c 356 § 7; 1997 c 356 § 6; 1994 c 46 § 24; 1994 c 46 § 15;
1993 c 354 § 4; 1991 c 109 § 14; 1979 c 81 § 4; 1971 ex.s. c
181 § 13.]
16.58.130
Effective date—2006 c 156: See note following RCW 16.57.220.
Effective dates—2003 c 326: See RCW 16.57.902.
Additional notes found at www.leg.wa.gov
16.58.140 Disposition of fees. All fees provided for in
this chapter shall be deposited in an account in the agricultural local fund and used for enforcing and carrying out the
purpose and provisions of this chapter or chapter 16.57
RCW. [2003 c 326 § 57; 1979 c 81 § 5; 1971 ex.s. c 181 §
14.]
16.58.140
tor by the seller of the cattle or through the licensee as an
agent. Upon notice by the director to suspend a license under
this section, a person may request a hearing under chapter
34.05 RCW. [2003 c 326 § 58; 1971 ex.s. c 181 § 15.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.160 Suspension of license awaiting investigation—Hearing. The director may, when a certified feed lot’s
conditions become such that the integrity of reports or
records of the cattle in that feed lot becomes doubtful, immediately suspend the certified feed lot’s license until such time
as the director can conduct an investigation to verify the condition of reports or records.
Upon notice by the director to suspend a license under
this section, a person may request a hearing under chapter
34.05 RCW. [2003 c 326 § 59; 1991 c 109 § 15; 1971 ex.s. c
181 § 16.]
16.58.160
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.170 General penalties—Subsequent offenses.
(1) Except as provided in subsection (2) of this section, any
person who violates the provisions of this chapter or any rule
adopted under this chapter is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense. [2003
c 326 § 60; 2003 c 53 § 115; 1971 ex.s. c 181 § 17.]
16.58.170
Reviser’s note: This section was amended by 2003 c 53 § 115 and by
2003 c 326 § 60, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective dates—2003 c 326: See RCW 16.57.902.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
16.58.900 Chapter as cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy. [1971 ex.s. c
181 § 18.]
16.58.900
16.58.910 Severability—1971 ex.s. c 181. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
shall not be affected. [1971 ex.s. c 181 § 19.]
16.58.910
Chapter 16.60
Effective dates—2003 c 326: See RCW 16.57.902.
16.58.150 Situations when no inspection required—
Fee—Suspension of license—Hearing. No inspection shall
be required when cattle are moved or transferred from one
certified feed lot to another when they are accompanied by
satisfactory proof of ownership and there is no change of
ownership or from a certified feed lot to a point within this
state, or out of state where this state maintains inspection, for
the purpose of immediate slaughter. Any change of ownership within a certified feed lot requires a livestock inspection
unless the cattle are sent direct to slaughter. An inspection
fee as provided for in RCW 16.57.220 is payable to the direc-
Chapter 16.60 RCW
FENCES
Sections
16.58.150
[Title 16 RCW—page 36]
16.60.010
16.60.011
16.60.015
16.60.020
16.60.030
16.60.040
16.60.050
16.60.055
16.60.060
16.60.062
16.60.064
16.60.075
16.60.076
16.60.080
Lawful fence defined.
Other lawful fences.
Liability for damages—Restraint—Notice.
Partition fence—Reimbursement.
Partition fence—Erection—Notice.
Partition fence—Failure to build—Recovery of half of cost.
Partition fence—Hog fencing.
Fence on the land of another by mistake—Removal.
Partition fence—Discontinuance.
Assessing value of partition fence.
Impeachment of assessment—Damages.
Damages by breachy animals.
Proof.
Temporary gate across highway.
(2010 Ed.)
Fences
16.60.085
16.60.090
16.60.095
Temporary gate across highway—Auditor may grant permit.
Failure to remove gate—Penalty.
Fees.
16.60.010 Lawful fence defined. A lawful fence shall
be of at least four barbed, horizontal, well-stretched wires,
spaced so that the top wire is forty-eight inches, plus or minus
four inches, above the ground and the other wires at intervals
below the top wire of twelve, twenty-two, and thirty-two
inches. These wires shall be securely fastened to substantial
posts set firmly in the ground as nearly equidistant as possible, but not more than twenty-four feet apart. If the posts are
set more than sixteen feet apart, the wires shall be supported
by stays placed no more than eight feet from each other or
from the posts. [1985 c 415 § 22; Code 1881 § 2488; 1873 p
447 § 1; 1871 p 63 § 1; 1869 p 323 § 1; RRS § 5441.
FORMER PART OF SECTION: Code 1881 § 2489; 1873 p
447 § 2; 1871 p 64 § 2; 1869 p 324 § 2; RRS § 5442, now
codified as RCW 16.60.011.]
16.60.010
16.60.011 Other lawful fences. All other fences as
strong and as well calculated as the fence described in RCW
16.60.010 shall be lawful fences. [1985 c 415 § 23; Code
1881 § 2489; 1873 p 447 § 2; 1871 p 64 § 2; 1869 p 324 § 2;
RRS § 5442. Formerly RCW 16.60.010, part.]
16.60.011
16.60.015 Liability for damages—Restraint—Notice.
Any person making and maintaining in good repair around
his or her enclosure or enclosures, any fence such as is
described in RCW 16.60.010 and 16.60.011, may recover in
a suit for trespass before the nearest court having competent
jurisdiction, from the owner or owners of any animal or animals which shall break through such fence, in full for all
damages sustained on account of such trespass, together with
the costs of suits; and the animal or animals, so trespassing,
may be taken and held as security for the payment of such
damages and costs: PROVIDED, That such person shall provide notice as required under RCW 16.04.020 and 16.04.025:
PROVIDED FURTHER, That such person shall have such
fences examined and the damages assessed by three reliable,
disinterested parties and practical farmers, within five days
next after the trespass has been committed: AND, PROVIDED FURTHER, That if, before trial, the owner of such
trespassing animal or animals, shall have tendered the person
injured any costs which may have accrued, and also the
amount in lieu of damages which shall equal or exceed the
amount of damages afterwards awarded by the court or jury,
and the person injured shall refuse the same and cause the
trial to proceed, such person shall pay all costs and receive
only the damages awarded. [1985 c 415 § 26; Code 1881 §
2490; 1873 p 447 § 3; 1871 p 64 § 3; 1869 p 324 § 3; RRS §
5443.]
16.60.015
16.60.055
serves for a partition fence between them: PROVIDED, That
in case such fence has woven wire or other material known as
hog fencing, then the adjoining owner shall not be required to
pay the extra cost of such hog fencing over and above the cost
of erecting a lawful fence, as by law defined, unless such
adjoining owner has his land fenced with hog fencing and
uses the partition fence to make a hog enclosure of his land,
then he shall pay to the one who owns said hog fence one-half
of the value thereof. [1907 c 13 § 1; Code 1881 § 2491; 1873
p 448 § 4; 1871 p 65 § 4; 1869 p 324 § 4; RRS § 5444.]
Hog fencing: RCW 16.60.050.
16.60.030 Partition fence—Erection—Notice. When
two or more persons own land adjoining which is inclosed by
one fence, and it becomes necessary for the protection of the
interest of one party said partition fence should be made
between them, the other or others, when notified thereof,
shall erect or cause to be erected one-half of such partition
fence, said fence to be erected on, or as near as practicable,
the line of said land. [Code 1881 § 2492; 1873 p 448 § 5;
1871 p 65 § 5; 1869 p 325 § 5; RRS § 5445.]
16.60.030
16.60.040 Partition fence—Failure to build—Recovery of half of cost. If, after notice has been given by either
party and a reasonable length of time has elapsed, the other
party neglect or refuse to erect or cause to be erected, the onehalf of such fence, the party giving notice may proceed to
erect or cause to be erected the entire partition fence, and collect by law one-half of the cost thereof from the other party.
[Code 1881 § 2493; 1873 p 448 § 6; 1871 p 65 § 6; 1869 p
325 § 6; RRS § 5446.]
16.60.040
16.60.050 Partition fence—Hog fencing. The respective owners of adjoining inclosures shall keep up and maintain in good repair all partition fences between such inclosures in equal shares, so long as they shall continue to occupy
or improve the same; and in case either of the parties shall
desire to make such fence capable of turning hogs and the
other party does not desire to use it for such purpose, then the
party desiring to use it shall have the right to attach hog-fencing material to the posts of such fence, which hog fencing
shall remain the property of the party who put it up, and he
may remove it at any time he desires: PROVIDED, That he
leaves the fence in as good condition as it was when the hog
fencing was by him attached, the natural decay of the posts
excepted. The attaching of such hog fencing shall not relieve
the other party from the duty of keeping in repair his part of
such fence, as to all materials used in said fence additional to
said hog fencing. [1907 c 13 § 2; Code 1881 § 2494; 1873 p
449 § 7; 1871 p 65 § 7; 1869 p 325 § 7; RRS § 5447.]
16.60.050
Reimbursement—Hog fencing: RCW 16.60.020.
Trespassing animals—Restraint—Damages and costs: RCW 16.04.010.
16.60.055 Fence on the land of another by mistake—
Removal. When any person shall unwittingly or by mistake,
erect any fence on the land of another, and when by a line
legally determined that fact shall be ascertained, such person
may enter upon the premises and remove such fence at any
time within three months after such line has been run as
aforesaid: PROVIDED, That when the fence to be removed
forms any part of a fence enclosing a field of the other party
16.60.055
16.60.020 Partition fence—Reimbursement. When
any fence has been, or shall hereafter be, erected by any person on the boundary line of his land and the person owning
land adjoining thereto shall make, or cause to be made, an
inclosure, so that such fence may also answer the purpose of
inclosing his ground, he shall pay the owner of such fence
already erected one-half of the value of so much thereof as
16.60.020
(2010 Ed.)
[Title 16 RCW—page 37]
16.60.060
Title 16 RCW: Animals and Livestock
having a crop thereon, such first person shall not remove such
fence until such crop might, with reasonable diligence, have
been gathered and secured, although more than three months
may have elapsed since such division line was run. [Code
1881 § 2495; 1873 p 449 § 8; 1871 p 65 § 8; 1869 p 325 § 8;
RRS § 5448. Formerly RCW 16.60.070.]
16.60.060 Partition fence—Discontinuance. When
any party shall wish to lay open his inclosure, he shall notify
any person owning adjoining inclosures, and if such person
shall not pay to the party giving notice one-half the value of
any partition fence between such enclosures, within three
months after receiving such notice, the party giving notice
may proceed to remove one-half of such fence, as provided in
RCW 16.60.055. [Code 1881 § 2496; 1873 p 449 § 9; 1871
p 65 § 9; 1869 p 325 § 9; RRS § 5449.]
16.60.060
16.60.062 Assessing value of partition fence. In
assessing the value of any partition fence, the parties shall
proceed as provided for the assessment of damages in RCW
16.60.020. [Code 1881 § 2497; 1873 p 449 § 10; 1871 p 66
§ 10; 1869 p 326 § 10; RRS § 5450.]
16.60.062
16.60.064 Impeachment of assessment—Damages.
Upon the trial of any cause occurring under the provisions of
RCW 16.60.010 through 16.60.076, the defendant may
impeach any such assessment, and in that case the court or the
jury shall determine the damages. [Code 1881 § 2498; 1873
p 449 § 11; 1871 p 66 § 11; 1869 p 326 § 11; RRS § 5451.]
PART OF SECTION: Code 1881, Bagley’s Supp., p 25 § 2;
1871 p 104 § 2; RRS § 5460, now codified as RCW
16.60.085.]
16.60.085 Temporary gate across highway—Auditor
may grant permit. It shall be lawful for the auditor of any
county to grant such permit in vacation, but his license shall
not extend past the next meeting of the commissioner’s court.
[Code 1881, Bagley’s Supp., p 25 § 2; 1871 p 104 § 2; RRS
§ 5460. Formerly RCW 16.60.080, part.]
16.60.085
16.60.090 Failure to remove gate—Penalty. Any person retaining a gate across the highway after his license shall
expire, shall be subject to a fine of one dollar for the first day
and fifty cents for each subsequent day he shall retain the
same, and it may be removed by the road supervisor, as an
obstruction, at the cost of the person placing or keeping it
upon the highway. [Code 1881, Bagley’s Supp., p 25 § 3;
1871 p 104 § 3; RRS § 5461.]
16.60.090
16.60.095 Fees. The fees of the auditor under RCW
16.60.080 through 16.60.095 shall be paid by the applicant.
[Code 1881, Bagley’s Supp., p 25 § 4; 1871 p 104 § 4.]
16.60.095
16.60.064
16.60.075 Damages by breachy animals. The owner
of any animal that is unruly, and in the habit of breaking
through or throwing down fences, if after being notified that
such animal is unruly and in the habit of breaking through or
throwing down fences as aforesaid, he shall allow such animal to run at large, shall be liable for all damages caused by
such animal, and any and all other animals, that may be in
company with such animal. [Code 1881 § 2499; 1873 p 449
§ 12; 1871 p 66 § 12; 1869 p 326 § 12; RRS § 5452. Formerly
RCW 16.04.090, part. FORMER PART OF SECTION:
Code 1881 § 2500; 1873 p 450 § 13; 1871 p 66 § 13; RRS §
5453, now codified as RCW 16.60.076.]
16.60.075
16.60.076 Proof. In case of actions for damages under
RCW 16.60.010 through 16.60.076, it shall be sufficient to
prove that the fence was lawful when the break was made.
[Code 1881 § 2500; 1873 p 450 § 13; 1871 p 66 § 13; RRS §
5453. Formerly RCW 16.04.090, part.]
16.60.076
16.60.080 Temporary gate across highway. Whenever any inhabitant of this state shall have his fences removed
by floods or destroyed by fire, the county commissioners of
the county in which he resides shall have power to grant a
license or permit for him or her to put a convenient gate or
gates across any highway for a limited period of time, to be
named in their order, in order to secure him from depredations upon his crops until he can repair his fences, and they
shall grant such license or permit for no longer period than
they may think absolutely necessary. [Code 1881, Bagley’s
Supp., p 25 § 1; 1871 p 103 § 1; RRS § 5459. FORMER
16.60.080
[Title 16 RCW—page 38]
Chapter 16.65
Chapter 16.65 RCW
PUBLIC LIVESTOCK MARKETS
Sections
16.65.005
16.65.010
16.65.015
16.65.020
16.65.030
16.65.037
16.65.040
16.65.042
16.65.044
16.65.050
16.65.060
16.65.080
16.65.090
16.65.100
16.65.120
16.65.130
16.65.140
16.65.150
16.65.160
16.65.170
16.65.180
16.65.190
16.65.200
16.65.210
16.65.220
16.65.230
16.65.232
16.65.235
16.65.240
16.65.250
Purpose.
Definitions.
Application of chapter—Exceptions.
Supervision of markets and special open consignment horse
sales—Rules—Interference with director’s duties.
Public livestock market license—Application—Contents—
Fee—Public hearing.
License—Restrictions—Fees.
Public livestock market license—Expiration—Renewal—
Penalty.
Special open consignment horse sale license required—Application—Fee—Where and when valid.
Public livestock market—Open consignment horse sale—
Consignor’s name.
Disposition of fees.
License to be posted.
Denial, suspension, revocation of license—Reasons—Hearing.
Livestock inspection—Consignor’s fee—Inspection fee.
Livestock inspection—Purchaser’s fee.
Disposition of proceeds of sale—Limitations on licensee.
Unlawful use of consignor’s net proceeds.
Custodial account for consignor’s proceeds—Authorized
withdrawals—Accounts and records.
Penalty for failure to disclose unsatisfied lien, mortgage.
Delivery of proceeds and invoice to consignor or shipper.
Records of licensee—Contents.
Unjust, unreasonable, discriminatory rates or charges prohibited.
Schedule of rates and charges.
Licensee’s bond to operate market or special open consignment horse sale.
Licensee’s bond to operate market—Amount determined by
prior business operations—Minimum amount.
Licensee’s bond to operate market—Amount when no prior
business operations—Minimum and maximum amount.
Licensee’s bond to operate market—One bond for each market.
Licensee’s bond to operate special open consignment horse
sale—Amount determined by estimate of business—Minimum amount.
Cash or other security in lieu of surety bond—Rules.
Action on bond—Fraud of licensee.
Action on bond—Failure to comply with chapter.
(2010 Ed.)
Public Livestock Markets
16.65.260
16.65.270
16.65.280
16.65.290
16.65.300
16.65.310
16.65.320
16.65.330
16.65.340
16.65.350
16.65.360
16.65.370
16.65.380
16.65.390
16.65.400
16.65.410
16.65.420
16.65.424
16.65.430
16.65.440
16.65.440
16.65.445
16.65.450
16.65.900
16.65.910
Licensee’s failure to pay vendor, consignor—Complaint—
Director’s powers and duties.
Licensee’s failure to pay vendor, consignor—Failure of vendor, consignor to file claim.
Licensee’s failure to pay vendor, consignor—Duties of director when names of creditors not available.
Licensee’s failure to pay vendor, consignor—Settlement,
compromise of claims—Demand on bond—Discharge.
Licensee’s failure to pay vendor, consignor—Refusal by
surety company to pay demand—Action on bond—New
bond, suspension or revocation of license on failure to file.
Licensee’s failure to pay vendor, consignor—Settlement,
compromise—Creditors share—Priority of state’s claim.
Investigations by director—Complaints.
Investigations—Powers of director.
Testing, examination, etc., of livestock for disease—Veterinarian employed by the market.
Examinations—Sanitary and health practices and standards—
Rules.
Facilities—Sanitation—Requirements.
Watering, feeding facilities—Unlawful acts.
Adequate facilities and space required for veterinarians to
function.
Adequate space and facilities required for livestock inspectors
and veterinarians to function.
Weighing of livestock at public livestock market.
Packer’s interest in market limited.
Application for change of or additional sales days, special
sales—Considerations for allocation.
Additional sales days limited to sales of horses and/or mules.
Information and records available to director and news services.
Penalty (as amended by 2003 c 326).
Penalty (as amended by 2003 c 53).
Public hearings.
Orders—Appeal.
Severability—1959 c 107.
Severability—1963 c 232.
Exemptions from commission merchants’ act: RCW 20.01.030.
16.65.005 Purpose. The purpose of this chapter is to
ensure the orderly marketing of livestock, to ensure the financial stability of public livestock markets, and to protect persons who consign livestock to markets and sales. [2003 c 326
§ 61.]
16.65.005
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.010 Definitions. For the purposes of this chapter:
(1) The term "public livestock market" means any place,
establishment or facility commonly known as a "public livestock market", "livestock auction market", "livestock sales
ring", yards selling on commission, or the like, conducted or
operated for compensation or profit as a public livestock market, consisting of pens or other enclosures, and their appurtenances in which livestock is received, held, sold, kept for sale
or shipment. The term does not include the operation of a
person licensed under this chapter to operate a special open
consignment horse sale.
(2) "Department" means the department of agriculture of
the state of Washington.
(3) "Director" means the director of the department or
his or her duly authorized representative.
(4) "Licensee" means any person licensed under the provisions of this chapter.
(5) "Livestock" includes horses, mules, burros, cattle,
sheep, swine, and goats.
(6) "Person" means a natural person, individual, firm,
partnership, corporation, company, society, and association,
and every officer, agent or employee thereof. This term shall
import either the singular or the plural as the case may be.
16.65.010
(2010 Ed.)
16.65.020
(7) "Stockyard" means any place, establishment, or facility commonly known as a stockyard consisting of pens or
other enclosures and their appurtenances in which livestock
services such as feeding, watering, weighing, sorting, receiving and shipping are offered to the public: PROVIDED, That
stockyard shall not include any facilities where livestock is
offered for sale at public auction, feed lots, or quarantined
registered feed lots.
(8) "Packer" means any person engaged in the business
of slaughtering, manufacturing, preparing meat or meat products for sale, marketing meat, meat food products or livestock
products.
(9) "Special open consignment horse sale" means a sale
conducted by a person other than the operator of a public
livestock market which is limited to the consignment of
horses and donkeys only for sale on an occasional and seasonal basis.
(10) "Livestock inspection" or "inspection" means the
examination of livestock or livestock hides for brands or any
means of identifying livestock or livestock hides including
the examination of documents providing evidence of ownership. [2003 c 326 § 62; 1983 c 298 § 1; 1961 c 182 § 1; 1959
c 107 § 1.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.015 Application of chapter—Exceptions. (1)
Except under subsection (2) of this section, this chapter does
not apply to:
(a) A farmer selling his or her own livestock.
(b) A farmers’ cooperative association or an association
of livestock breeders when any class of their own livestock is
assembled and offered for sale at a special sale under the
association’s management and responsibility.
(c) A youth livestock organization such as 4-H, FFA, or
other junior livestock group, when any class of livestock
owned by the youth members is assembled and offered for
sale at a special sale under the organization’s management
and responsibility.
(2) Any farmer, farmers’ cooperative association, livestock breeders’ association, or youth livestock organization
under subsection (1) of this section, may, upon obtaining a
permit from the director, conduct a public sale of his or her or
its members livestock on an occasional or seasonal basis.
Application for the permit shall be in writing to the director
for his or her approval at least fifteen days before the proposed public sale is scheduled to be held. The application
must be complete and accompanied by a nonrefundable fee of
fifty dollars for each sale, except that the fee is waived for
youth livestock organizations. The sale is subject to the livestock and health inspection requirements as provided in this
chapter for sales at public livestock markets, unless otherwise
prescribed by rule. [2003 c 326 § 63; 1983 c 298 § 2.]
16.65.015
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.020 Supervision of markets and special open
consignment horse sales—Rules—Interference with
director’s duties. Public livestock markets and special open
consignment horse sales shall be under the direction and
supervision of the director, and the director may adopt those
rules as are necessary to carry out the purpose of this chapter.
16.65.020
[Title 16 RCW—page 39]
16.65.030
Title 16 RCW: Animals and Livestock
It shall be the duty of the director to enforce and carry out the
provisions of this chapter and rules adopted under this chapter. No person shall interfere with the director when he or she
is performing or carrying out any duties imposed by this
chapter or rules adopted under this chapter. [2003 c 326 § 64;
1983 c 298 § 5; 1959 c 107 § 2.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.030 Public livestock market license—Application—Contents—Fee—Public hearing. (1) No person
shall operate a public livestock market without first having
obtained a license from the director. Application for a license
shall be in writing on forms prescribed by the director, and
shall include the following:
(a) A nonrefundable original license application fee of
two thousand dollars.
(b) A legal description of the property upon which the
public livestock market shall be located.
(c) A complete description and blueprints or plans of the
public livestock market physical plant, yards, pens, and all
facilities the applicant proposes to use in the operation of
such public livestock market.
(d) A financial statement, audited by a certified or
licensed public accountant, to determine whether or not the
applicant meets the minimum net worth requirements, established by the director by rule, to construct and/or operate a
public livestock market. If the applicant is a subsidiary of a
larger company, corporation, society, or cooperative association, both the parent company and the subsidiary company
must submit a financial statement to determine whether or
not the applicant meets the minimum net worth requirements.
All financial statement information required by this subsection is confidential information and not subject to public disclosure.
(e) The schedule of rates and charges the applicant proposes to impose on the owners of livestock for services rendered in the operation of such livestock market.
(f) The weekly or monthly sales day or days on which the
applicant proposes to operate his or her public livestock market sales and the class of livestock that may be sold on these
days.
(g) Projected source and quantity of livestock anticipated
to be handled.
(h) Projected gross dollar volume of business to be carried on, at, or through the public livestock market during the
first year’s operation.
(i) Facts upon which is based the conclusion that the
trade area and the livestock industry will benefit because of
the proposed market.
(j) Other information as the director may require by rule.
(2) If the director determines that the applicant meets all
the requirements of subsection (1) of this section, the director
shall conduct a public hearing as provided by chapter 34.05
RCW, and shall grant or deny an application for original
license for a public livestock market after considering evidence and testimony relating to the requirements of this section and giving reasonable consideration to:
(a) Benefits to the livestock industry to be derived from
the establishment and operation of the public livestock market proposed in the application;
16.65.030
[Title 16 RCW—page 40]
(b) The geographical area that will be affected;
(c) The conflict, if any, with sales days already allocated
in the area;
(d) The amount and class of livestock available for marketing in the area;
(e) Buyers available to the proposed market; and
(f) Any other conditions affecting the orderly marketing
of livestock.
(3) Before a license is issued to operate a public livestock market, the applicant must:
(a) Execute and deliver to the director a surety bond as
required under RCW 16.65.200;
(b) Provide evidence of a custodial account, as required
under RCW 16.65.140, for the consignor’s proceeds;
(c) Pay the appropriate license fee; and
(d) Provide other information required under this chapter
and rules adopted under this chapter. [2003 c 326 § 65; 1995
c 374 § 54; (1994 c 46 § 21 repealed by 1995 c 374 § 55);
1994 c 46 § 12; 1993 c 354 § 1; 1991 c 17 § 1; 1979 ex.s. c 91
§ 1; 1971 ex.s. c 192 § 1; 1967 ex.s. c 120 § 5; 1961 c 182 §
2; 1959 c 107 § 3.]
Effective dates—2003 c 326: See RCW 16.57.902.
Additional notes found at www.leg.wa.gov
16.65.037 License—Restrictions—Fees. (1) Any
license issued under the provisions of this chapter shall only
be valid at the location and for the sales day or days for which
the license was issued.
(2) The license fee shall be based on the average gross
sales volume per official sales day of a market in the previous
twelve months or, for a new market, the projected average
gross sales per official sales day of the market during its first
year’s operation.
(a) The license fee for markets with an average gross
sales volume up to and including ten thousand dollars is one
hundred fifty dollars.
(b) The license fee for markets with an average gross
sales volume over ten thousand dollars and up to and including fifty thousand dollars is three hundred dollars.
(c) The license fee for markets with an average gross
sales volume over fifty thousand dollars is four hundred fifty
dollars.
(3) Any applicant operating more than one public livestock market shall make a separate application for a license to
operate each public livestock market, and each application
shall be accompanied by the appropriate license fee. [2003 c
326 § 66; 1997 c 356 § 9; 1997 c 356 § 8; 1995 c 374 § 57.]
16.65.037
Effective dates—2003 c 326: See RCW 16.57.902.
Additional notes found at www.leg.wa.gov
16.65.040 Public livestock market license—Expiration—Renewal—Penalty. (1) All public livestock market
licenses provided for in this chapter expire on March 1st subsequent to the date of issue.
(2) Application for renewal of a public livestock market
license shall be in writing on forms prescribed by the director, and shall include:
(a) All information under RCW 16.65.030(1) (d), (e),
and (f);
16.65.040
(2010 Ed.)
Public Livestock Markets
(b) The gross dollar volume of business carried on, at, or
through the applicant’s public livestock market in the twelvemonth period prior to the application for renewal of the
license;
(c) Other information as the director may require by rule;
and
(d) The appropriate license fee.
(3) If any person fails, refuses, or neglects to apply for a
renewal of a preexisting license by March 1st, the person’s
license shall expire. To reinstate a license, the person shall
pay a penalty of twenty-five dollars, which shall be added to
the regular license fee, before the license may be reinstated
by the director. [2003 c 326 § 67; 1983 c 298 § 6; 1979 ex.s.
c 91 § 2; 1959 c 107 § 4.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.042 Special open consignment horse sale
license required—Application—Fee—Where and when
valid. (1) A person shall not operate a special open consignment horse sale without first obtaining a license from the
director. The application for the license shall include:
(a) The schedule of rates and charges the applicant proposes to impose on the owners of horses for services rendered
in the operation of the horse sale;
(b) The specific date and exact location of the proposed
sale;
(c) Projected quantity and approximate value of horses to
be handled; and
(d) Such other information as the director may reasonably require.
(2) The application shall be accompanied by a license fee
of one hundred dollars. Upon the approval of the application
by the director and compliance with this chapter, the applicant shall be issued a license. A special open consignment
horse sale license is valid only for the specific date or dates
and exact location for which the license was issued. [2003 c
326 § 68; 1983 c 298 § 3.]
16.65.042
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.044 Public livestock market—Open consignment horse sale—Consignor’s name. It is lawful for the
operator of a public livestock market or an open consignment
horse sale, upon receiving a request to do so, to allow the
announcement of the correct and accurate name of the consignor of any cattle or horses being presented for sale to
potential buyers. [1991 c 17 § 5.]
16.65.044
16.65.050 Disposition of fees. All fees provided for
under this chapter shall be deposited in an account in the agricultural local fund and used for enforcing and carrying out
the purpose and provisions of this chapter and chapter 16.57
RCW. [2003 c 326 § 69; 1959 c 107 § 5.]
16.65.050
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.060 License to be posted. The licensee’s license
shall be posted conspicuously in the main office of such licensee’s public livestock market or special open consignment
horse sale. [1983 c 298 § 7; 1959 c 107 § 6.]
16.65.060
(2010 Ed.)
16.65.120
16.65.080 Denial, suspension, revocation of license—
Reasons—Hearing. (1) The director may deny, suspend, or
revoke a license when the director finds that a licensee (a) has
misrepresented titles, charges, numbers, brands, weights,
proceeds of sale, or ownership of livestock; (b) has attempted
payment to a consignor or the department by a check the licensee knows not to be backed by sufficient funds to cover
such check; (c) has violated any of the provisions of this
chapter or rules adopted under this chapter; (d) has violated
any laws of the state that require inspection of livestock for
health or ownership purposes; (e) has violated any condition
of the bond, as provided in this chapter.
(2) Upon notice by the director to deny, revoke, or suspend a license, a person may request a hearing under chapter
34.05 RCW.
(3) The director may issue subpoenas to compel the
attendance of witnesses, and/or the production of books or
documents anywhere in the state. The applicant or licensee
shall have opportunity to be heard, and may have such subpoenas issued as he or she desires. Subpoenas shall be served
in the same manner as in civil cases in the superior court.
Witnesses shall testify under oath which may be administered
by the director. Testimony shall be recorded, and may be
taken by deposition under such rules as the director may prescribe. [2003 c 326 § 70; 1985 c 415 § 9; 1971 ex.s. c 192 §
2; 1961 c 182 § 3; 1959 c 107 § 8.]
16.65.080
Effective dates—2003 c 326: See RCW 16.57.902.
Orders—Appeal: RCW 16.65.450.
16.65.090 Livestock inspection—Consignor’s fee—
Inspection fee. The director shall provide for livestock
inspection. When livestock inspection is required the licensee shall collect from the consignor and pay to the department an inspection fee, as provided by law, for each animal
inspected. However, if in any one sale day the total fees collected for inspection do not exceed one hundred dollars, then
the licensee shall pay one hundred dollars for the inspection
services. [2003 c 326 § 71; 1997 c 356 § 11; 1997 c 356 § 10;
1994 c 46 § 22; 1994 c 46 § 13; 1993 c 354 § 2; 1983 c 298 §
8; 1971 ex.s. c 192 § 3; 1959 c 107 § 9.]
16.65.090
Effective dates—2003 c 326: See RCW 16.57.902.
Additional notes found at www.leg.wa.gov
16.65.100 Livestock inspection—Purchaser’s fee.
The licensee of each public livestock market or special open
consignment horse sale shall collect from any purchaser of
livestock requesting inspection a fee as provided by law for
each animal inspected. This fee shall be in addition to the fee
charged to the consignor for inspection and shall not apply to
the minimum fee chargeable to the licensee. [2003 c 326 §
72; 1983 c 298 § 9; 1959 c 107 § 10.]
16.65.100
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.120 Disposition of proceeds of sale—Limitations on licensee. A licensee shall not, except as provided in
this chapter, pay the net proceeds or any part thereof arising
from the sale of livestock consigned to the said licensee for
sale, to any person other than the consignor of such livestock
except upon an order from a court of competent jurisdiction,
unless (1) such licensee has reason to believe that such person
16.65.120
[Title 16 RCW—page 41]
16.65.130
Title 16 RCW: Animals and Livestock
is the owner of the livestock; (2) such person holds a valid
unsatisfied mortgage or lien upon the particular livestock, or
(3) such person holds a written order authorizing such payment executed by the owner at the time of or immediately following the consignment of such livestock. [1959 c 107 § 12.]
16.65.130 Unlawful use of consignor’s net proceeds.
It shall be unlawful for the licensee to use for his own purposes consignor’s net proceeds, or funds received by such licensee to purchase livestock on order, through recourse to the
so-called "float" in the bank account, or in any other manner.
[1959 c 107 § 13.]
16.65.130
(2) The name and address of the buyer and seller of the
livestock.
(3) The number and species of livestock received and
sold.
(4) The marks and brands on the livestock.
(5) All statements of warranty or representations of title
material to, or upon which, any sale is consummated.
(6) The gross selling price of the livestock with a
detailed list of all charges deducted therefrom.
These records shall be kept by the licensee for one year
subsequent to the receipt of such livestock. [2003 c 326 § 74;
1967 c 192 § 1; 1959 c 107 § 17.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.140 Custodial account for consignor’s proceeds—Authorized withdrawals—Accounts and records.
Each licensee shall establish a custodial account for consignor’s proceeds. All funds derived from the sale of livestock handled on a commission or agency basis shall be
deposited in that account. The account shall be drawn on
only for the payment of net proceeds to the consignor, or
other person or persons of whom the licensee has knowledge
is entitled to the proceeds, and to obtain from those proceeds
only the sums due the licensee as compensation for the services as are set out in the posted tariffs, and for the sums as
are necessary to pay all legal charges against the consignment
of livestock which the licensee in the capacity as agent is
required to pay for on behalf of the consignor or shipper. The
licensee in each case shall keep those accounts and records
that will at all times disclose the names of the consignors and
the amount due and payable to each from the funds in the custodial account for consignor’s proceeds. The licensee shall
maintain the custodial account for consignor’s proceeds in a
manner that will expedite examination by the director and
reflect compliance with the requirements of this section.
[2003 c 326 § 73; 1971 ex.s. c 192 § 4; 1959 c 107 § 14.]
16.65.140
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.150 Penalty for failure to disclose unsatisfied
lien, mortgage. The delivery of livestock, for the purpose of
sale, by any consignor or vendor to a public livestock market
or special open consignment horse sale without making a full
disclosure to the agent or licensee of such public livestock
market or special open consignment horse sale of any unsatisfied lien or mortgage upon such livestock shall constitute a
gross misdemeanor. [1983 c 298 § 10; 1959 c 107 § 15.]
16.65.150
16.65.160 Delivery of proceeds and invoice to consignor or shipper. The licensee shall deliver the net proceeds together with an invoice to the consignor or shipper
within twenty-four hours after the sale or by the end of the
next business day if the licensee is not on notice that any
other person or persons have a valid interest in the livestock.
[1959 c 107 § 16.]
16.65.160
16.65.170 Records of licensee—Contents. The licensee shall keep accurate records which shall be available for
inspection to all parties directly interested therein, and the
records shall contain the following information:
(1) The date on which each consignment of livestock
was received and sold.
16.65.170
[Title 16 RCW—page 42]
16.65.180 Unjust, unreasonable, discriminatory
rates or charges prohibited. All rates or charges made for
any stockyard services furnished at a public livestock market
or special open consignment horse sale shall be just, reasonable, and nondiscriminatory, and any unjust, unreasonable, or
discriminatory rate or charge is prohibited and declared to be
unlawful. [1983 c 298 § 11; 1959 c 107 § 18.]
16.65.180
16.65.190 Schedule of rates and charges. No person
shall operate a public livestock market or special open consignment horse sale unless that person has filed a schedule
with the application for license to operate a public livestock
market or special open consignment horse sale. The schedule
shall show all rates and charges for stockyard services to be
furnished at the public livestock market or special open consignment horse sale.
(1) Schedules shall be posted conspicuously at the public
livestock market or special open consignment horse sale, and
shall plainly state all rates and charges in such detail as the
director may require, and shall state any rules which in any
manner change, affect, or determine any part of the aggregate
of the rates or charges, or the value of the stockyard services
furnished. The director may determine and prescribe the
form and manner in which the schedule shall be prepared,
arranged, and posted.
(2) No changes shall be made in rates or charges so filed
and published except after thirty days’ notice to the director
and to the public filed and posted as set forth under this section, which shall plainly state the changes proposed to be
made and the time the changes will go into effect.
(3) No licensee shall charge, demand, or collect a greater
or a lesser or a different compensation for a service than the
rates and charges specified in the schedule filed with the
director and in effect at the time; nor shall a licensee refund
or remit in any manner any portion of the rates or charges so
specified (but this shall not prohibit a cooperative association
of producers from properly returning to its members, on a
patronage basis, its excess earnings on their livestock); nor
shall a licensee extend to any person at a public livestock
market or special open consignment horse sale any stockyard
services except as are specified in the schedule. [2003 c 326
§ 75; 1983 c 298 § 12; 1959 c 107 § 19.]
16.65.190
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.200 Licensee’s bond to operate market or special open consignment horse sale. Before the license is
16.65.200
(2010 Ed.)
Public Livestock Markets
issued to operate a public livestock market or special open
consignment horse sale, the applicant shall execute and
deliver to the director a surety bond in a sum as herein provided for, executed by the applicant as principal and by a
surety company qualified and authorized to do business in
this state as surety. The bond shall be a standard form and
approved by the director as to terms and conditions. The
bond shall be conditioned that the principal will not commit
any fraudulent act and will comply with the provisions of this
chapter and the rules adopted under this chapter. The bond
shall be to the state in favor of every consignor and/or vendor
creditor whose livestock was handled or sold through or at
the licensee’s public livestock market or special open consignment horse sale: PROVIDED, That if the applicant is
bonded as a market agency under the provisions of the packers and stockyards act, (7 U.S.C. 181) as amended, on March
20, 1961, in a sum equal to or greater than the sum required
under the provisions of this chapter, and the applicant furnishes the director with a bond approved by the United States
secretary of agriculture, the director may accept the bond and
its method of termination in lieu of the bond provided for
herein and issue a license if the applicant meets all the other
requirements of this chapter.
The total and aggregate liability of the surety for all
claims upon the bond shall be limited to the face of the bond.
Every bond filed with and approved by the director shall,
without the necessity of periodic renewal, remain in force and
effect until the license of the licensee is revoked for cause or
otherwise canceled. The surety on a bond, as provided
herein, shall be released and discharged from all liability to
the state accruing on the bond upon compliance with the provisions of RCW 19.72.110 concerning notice and proof of
service, but this shall not operate to relieve, release, or discharge the surety from any liability already accrued or which
shall accrue (due and to become due hereunder) before the
expiration period provided for in RCW 19.72.110 concerning
notice and proof of service, and unless the principal shall
before the expiration of this period, file a new bond, the
director shall immediately cancel the principal’s license.
[2003 c 326 § 76; 1983 c 298 § 13; 1971 ex.s. c 192 § 5; 1961
c 182 § 4. Prior: 1959 c 107 § 20.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.210 Licensee’s bond to operate market—
Amount determined by prior business operations—Minimum amount. The sum of the bond to be executed by an
applicant for a public livestock market license shall be determined in the following manner:
(1) Determine the dollar volume of business carried on,
at, or through, such applicant’s public livestock market in the
twelve-month period prior to such applicant’s application for
a license.
(2) Divide such dollar volume of business by the number
of official sale days granted such applicant’s public livestock
market, as herein provided, in the same twelve-month period
provided for in subsection (1).
(3) Bond amount shall be that amount obtained by the
formula in subsection (2) except that it shall not be an amount
less than ten thousand dollars and if that amount shall exceed
fifty thousand then that portion above fifty thousand shall be
16.65.210
(2010 Ed.)
16.65.250
at the rate of ten percent of that value, except that the amount
of the bond shall be to the nearest five thousand figure above
that arrived at in the formula. [1971 ex.s. c 192 § 6; 1959 c
107 § 21.]
16.65.220 Licensee’s bond to operate market—
Amount when no prior business operations—Minimum
and maximum amount. If the application for a license to
operate a public livestock market is from a new public livestock market which has not operated in the past twelvemonth period, the director shall determine a bond, in a reasonable sum, that the applicant shall execute in favor of the
state, which shall not be less than ten thousand dollars nor
greater than twenty-five thousand dollars: PROVIDED, That
the director may at any time, upon written notice, review the
licensee’s operations and determine whether, because of
increased or decreased sales, the amount of the bond should
be altered. [1971 ex.s. c 192 § 7; 1959 c 107 § 22.]
16.65.220
16.65.230 Licensee’s bond to operate market—One
bond for each market. Any licensee operating more than
one public livestock market shall execute a bond, as herein
provided, for each such licensed public livestock market.
[1959 c 107 § 23.]
16.65.230
16.65.232 Licensee’s bond to operate special open
consignment horse sale—Amount determined by estimate
of business—Minimum amount. The sum of the bond to be
executed by an applicant for a special open consignment
horse sale license shall be determined by estimating the dollar volume of business to be carried on, at, or through the
applicant’s proposed special open consignment horse sale.
The bond amount shall be that amount estimated as the applicant’s dollar volume of business. However, the bond shall not
be in an amount less than ten thousand dollars. If the amount
exceeds fifty thousand dollars, then that portion above fifty
thousand dollars shall be at the rate of ten percent of that
value, except that the amount of the bond shall be to the nearest greater five thousand dollar figure. [1983 c 298 § 4.]
16.65.232
16.65.235 Cash or other security in lieu of surety
bond—Rules. In lieu of the surety bond required under the
provisions of this chapter, an applicant or licensee may file
with the director a deposit consisting of cash or other security
acceptable to the director. The director may adopt rules necessary for the administration of such security. [2003 c 326 §
77; 1973 c 142 § 3.]
16.65.235
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.240 Action on bond—Fraud of licensee. Any
vendor or consignor creditor claiming to be injured by the
fraud of any licensee may bring action upon said bond against
both principal and surety in any court of competent jurisdiction to recover the damages caused by such fraud. [1959 c
107 § 24.]
16.65.240
16.65.250 Action on bond—Failure to comply with
chapter. The director or any vendor or consignor creditor
may also bring action upon said bond against both principal
and surety in any court of competent jurisdiction to recover
16.65.250
[Title 16 RCW—page 43]
16.65.260
Title 16 RCW: Animals and Livestock
the damages caused by any failure to comply with the provisions of this chapter and the rules and/or regulations adopted
hereunder. [1959 c 107 § 25.]
16.65.260 Licensee’s failure to pay vendor, consignor—Complaint—Director’s powers and duties. In
case of failure by a licensee to pay amounts due a vendor or
consignor creditor whose livestock was handled or sold
through or at the licensee’s public livestock market or special
open consignment horse sale, as evidenced by a verified complaint filed with the director, the director may proceed immediately to ascertain the names and addresses of all vendor or
consignor creditors of the licensee, together with the amounts
due and owing to them and each of them by the licensee, and
shall request all vendor and consignor creditors to file a verified statement of their respective claims with the director.
This request shall be addressed to each known vendor or consignor creditor at his or her last known address. [2003 c 326
§ 78; 1983 c 298 § 14; 1959 c 107 § 26.]
16.65.260
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.270 Licensee’s failure to pay vendor, consignor—Failure of vendor, consignor to file claim. If a
vendor or consignor creditor so addressed fails, refuses or
neglects to file in the office of the director his or her verified
claim as requested by the director within sixty days from the
date of such request, the director shall be relieved of further
duty or action on behalf of the producer or consignor creditor.
[2003 c 326 § 79; 1959 c 107 § 27.]
16.65.270
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.280 Licensee’s failure to pay vendor, consignor—Duties of director when names of creditors not
available. Where by reason of the absence of records, or
other circumstances making it impossible or unreasonable for
the director to ascertain the names and addresses of all vendor
and consignor creditors, the director, after exerting due diligence and making reasonable inquiry to secure the information from all reasonable and available sources, may make
demand on the bond on the basis of information then in his or
her possession, and thereafter shall not be liable or responsible for claims or the handling of claims which may subsequently appear or be discovered. [2003 c 326 § 80; 1959 c
107 § 28.]
16.65.280
license on failure to file. Upon the refusal of the surety company to pay the demand, the director may bring an action on
the bond in behalf of vendor and consignor creditors. Upon
any action being commenced on the bond, the director may
require the filing of a new bond. Immediately upon the
recovery in any action on the bond the licensee shall file a
new bond. Upon failure to file the new bond within ten days,
such a failure shall constitute grounds for the suspension or
revocation of the license. [2003 c 326 § 81; 1959 c 107 § 30.]
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.310 Licensee’s failure to pay vendor, consignor—Settlement, compromise—Creditors share—Priority of state’s claim. In any settlement or compromise by
the director with a surety company as provided in RCW
16.65.290, where there are two or more consignor and/or
vendor creditors that have filed claims, either fixed or contingent, against a licensee’s bond, such creditors shall share pro
rata in the proceeds of the bond to the extent of their actual
damage: PROVIDED, That the claims of the state and the
department which may accrue from the conduct of the licensee’s public livestock market shall have priority over all
other claims. [1959 c 107 § 31.]
16.65.310
16.65.320 Investigations by director—Complaints.
For the purpose of enforcing the provisions of this chapter,
the director on the director’s own motion or upon the verified
complaint of any vendor or consignor against any licensee, or
agent, or any person assuming or attempting to act as such,
shall have full authority to make any and all necessary investigations. The director is empowered to administer oaths of
verification of such complaints. [1985 c 415 § 10; 1959 c 107
§ 32.]
16.65.320
16.65.330 Investigations—Powers of director. For
the purpose of making investigations as provided for in RCW
16.65.320, the director may enter a public livestock market
and examine any records required under the provisions of this
chapter. The director shall have full authority to issue subpoenas requiring the attendance of witnesses before him,
together with all books, memorandums, papers, and other
documents relative to the matters under investigation, and to
administer oaths and take testimony thereunder. [1959 c 107
§ 33.]
16.65.330
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.340 Testing, examination, etc., of livestock for
disease—Veterinarian employed by the market. The
director shall, when livestock is sold, traded, exchanged, or
handled at or through a public livestock market, require such
testing, treating, identifying, examining and record keeping
of such livestock by a Washington state licensed and accredited veterinarian employed by the market as in the director’s
judgment may be necessary to prevent the spread of brucellosis, tuberculosis, paratuberculosis, pseudorabies, or any other
infectious, contagious, or communicable disease among the
livestock of this state. The state veterinarian or his or her
authorized representative may conduct additional testing and
examinations for the same purpose. [2003 c 326 § 82; 1967 c
192 § 2; 1959 c 107 § 34.]
16.65.340
16.65.290 Licensee’s failure to pay vendor, consignor—Settlement, compromise of claims—Demand on
bond—Discharge. Upon ascertaining all claims and statements in the manner herein set forth, the director may then
make demand upon the bond on behalf of those claimants
whose statements have been filed, and shall have the power
to settle or compromise said claims with the surety company
on the bond, and is empowered in such cases to execute and
deliver a release and discharge of the bond involved. [1959 c
107 § 29.]
16.65.290
16.65.300 Licensee’s failure to pay vendor, consignor—Refusal by surety company to pay demand—
Action on bond—New bond, suspension or revocation of
16.65.300
[Title 16 RCW—page 44]
Effective dates—2003 c 326: See RCW 16.57.902.
(2010 Ed.)
Public Livestock Markets
16.65.350 Examinations—Sanitary and health practices and standards—Rules. The director shall adopt rules
regarding sanitary practices, health practices and standards,
and the examination of animals at public livestock markets.
[2003 c 326 § 83; 1959 c 107 § 35.]
16.65.350
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.360 Facilities—Sanitation—Requirements.
Licensees shall provide facilities and sanitation for the prevention of livestock diseases at their public livestock markets, as follows:
(1) The floors of all pens and alleys that are part of a public livestock market shall be constructed of concrete or similar impervious material and kept in good repair, with a slope
of not less than one-fourth inch per foot to adequate drains
leading to an approved sewage system: PROVIDED, That
the director may designate certain pens within such public
livestock markets as feeding and holding pens and the floors
and alleys of such pens shall not be subject to the aforementioned surfacing requirements.
(2) Feeding and holding pens maintained in an area adjacent to a public livestock market shall be constructed and separated from such public livestock market, in a manner prescribed by the director, in order to prevent the spread of communicable diseases to the livestock sold or held for sale in
such public livestock market.
(3) All yards, chutes and pens used in handling livestock
shall be constructed of such materials which will render them
easily cleaned and disinfected, and such yards, pens and
chutes shall be kept clean, sanitary and in good repair at all
times, as required by the director.
(4) Sufficient calf pens of adequate size to prevent overcrowding shall be provided, and such pens, when used, shall
be cleaned and disinfected no later than the day subsequent to
each sale.
(5) All swine pens, when used, shall be cleaned and disinfected no later than the day subsequent to each sale.
(6) A water system carrying a pressure of forty pounds
and supplying sufficient water to thoroughly wash all pens,
floors, alleys and equipment shall be provided.
(7) Sufficient quarantine pens of adequate capacity shall
be provided. Such pens shall be used to hold only cattle reacting to brucellosis and tuberculosis or to quarantine livestock
with other contagious or communicable diseases and shall be:
(a) hard surfaced with concrete or similar impervious
material and shall be kept in good repair;
(b) provided with separate watering facilities;
(c) painted white with the word "quarantine" painted in
red letters not less than four inches high on such quarantine
pen’s gate;
(d) provided with a tight board fence not less than five
and one-half feet high;
(e) cleaned and disinfected not later than one day subsequent to the date of sale.
To prevent the spread of communicable diseases among
livestock, the director shall have the authority to cause the
cleaning and disinfecting of any area or all areas of a public
livestock market and equipment or vehicles with a complete
coverage of disinfectants approved by the director. [1959 c
107 § 36.]
16.65.360
(2010 Ed.)
16.65.410
16.65.370 Watering, feeding facilities—Unlawful
acts. Pens used to hold livestock for a period of twenty-four
hours or more in a public livestock market shall have watering and feeding facilities for livestock held in such pens. It
shall be unlawful for a public livestock market to hold livestock for a period longer than twenty-four hours without
feeding and watering such livestock. An operator of a public
livestock market may also refuse to accept the consignment
of any livestock that the licensee may believe to have been
inadequately fed or otherwise inadequately cared for prior to
the delivery of the livestock in question to the public livestock market. [1991 c 17 § 2; 1959 c 107 § 37.]
16.65.370
16.65.380 Adequate facilities and space required for
veterinarians to function. Public livestock market facilities
shall include adequate space and facilities necessary for market, federal, or state veterinarians to properly carry out their
functions as prescribed by law and rules adopted under law or
as prescribed by applicable federal law or regulation. [2003
c 326 § 84; 1959 c 107 § 38.]
16.65.380
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.390 Adequate space and facilities required for
livestock inspectors and veterinarians to function. Public
livestock market facilities shall include space and facilities
necessary for livestock inspectors and veterinarians to properly carry out their duties, as provided by law and rules
adopted under law, in a safe and expeditious manner. [2003
c 326 § 85; 1959 c 107 § 39.]
16.65.390
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.400 Weighing of livestock at public livestock
market. (1) Each public livestock market licensee shall
maintain and operate approved weighing facilities for the
weighing of livestock at such licensee’s public livestock market.
(2) All dial scales used by the licensee shall be of adequate size to be readily visible to all interested parties and
shall be equipped with a mechanical weight recorder.
(3) All beam scales used by the licensee shall be
equipped with a balance indicator, a weigh beam and a
mechanical weight recorder, all readily visible to all interested parties.
(4) All scales used by the licensee shall be checked for
balance at short intervals during the process of selling and
immediately prior to the beginning of each sale day.
(5) The scale ticket shall have the weights mechanically
imprinted upon the tickets when the weigh beam is in balance
during the process of weighing, and shall be issued in triplicate, for all livestock weighed at a public livestock market. A
copy of the weight tickets shall be issued to the buyer and
seller of the livestock weighed. [2003 c 326 § 86; 1983 c 298
§ 15; 1961 c 182 § 5; 1959 c 107 § 40.]
16.65.400
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.410 Packer’s interest in market limited. It shall
be unlawful for a packer to own or control more than a twenty
percent interest in any public livestock market, directly or
indirectly through stock ownership or control, or otherwise
16.65.410
[Title 16 RCW—page 45]
16.65.420
Title 16 RCW: Animals and Livestock
by himself or through his agents or employees. [1959 c 107
§ 41.]
16.65.420 Application for change of or additional
sales days, special sales—Considerations for allocation.
(1) Any application for a change of sales day or days or additional sales day or days for an existing salesyard shall be subject to approval by the director, subsequent to a hearing and
the director is hereby authorized to approve these days and
class of livestock which may be sold on these days. In considering the approval or denial of these sales days, the director shall give appropriate consideration, among other relevant
factors, to the following:
(a) The geographical area which will be affected;
(b) The conflict, if any, with sales days already allocated
in the area;
(c) The amount and class of livestock available for marketing in the area;
(d) Buyers available to such market;
(e) Any other conditions affecting the orderly marketing
of livestock.
(2) No special sales shall be conducted by the licensee
unless the licensee has applied to the director in writing fifteen days prior to such proposed sale. Each application must
be accompanied by a nonrefundable fee of fifty dollars.
(3) In any case that a licensee fails to conduct sales on
the sales days allocated to the licensee, the director shall, subsequent to a hearing, be authorized to revoke an allocation for
nonuse. The rate of usage required to maintain an allocation
shall be established by rule. [2003 c 326 § 87; 1991 c 17 § 3;
1963 c 232 § 16; 1961 c 182 § 6. Prior: 1959 c 107 § 42.]
16.65.420
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.424 Additional sales days limited to sales of
horses and/or mules. The director has the authority to grant
a licensee an additional sales day, or days, limited to the sale
of horses and/or mules and may if requested grant the licensee, by permit, the authority to have the sale at premises
other than at his or her public livestock market if the facilities
are approved by the director as being adequate for the protection of the health and safety of the horses and/or mules. For
the purpose of such limited sale the facility requirements of
RCW 16.65.360 shall not be applicable. [2003 c 326 § 88;
1963 c 232 § 19.]
16.65.424
Effective dates—2003 c 326: See RCW 16.57.902.
16.65.430 Information and records available to
director and news services. Information and records of the
licensee that are necessary for the compilation of adequate
reports on the marketing of livestock shall be made available
to the director or any news service, publishing or broadcasting such market reports. [1959 c 107 § 43.]
16.65.430
16.65.440
16.65.440 Penalty (as amended by 2003 c 326). Any person who
((shall)) violates any provisions or requirements of this chapter or rules ((and
regulations)) adopted by the director ((pursuant to)) under this chapter ((shall
be deemed)) is guilty of a gross misdemeanor((; and any subsequent violation thereafter shall be deemed a gross misdemeanor)). [2003 c 326 § 89;
1959 c 107 § 44.]
Effective dates—2003 c 326: See RCW 16.57.902.
[Title 16 RCW—page 46]
16.65.440
16.65.440 Penalty (as amended by 2003 c 53). (1) Except as provided
in subsection (2) of this section, any person who ((shall)) violates any provisions or requirements of this chapter or rules and regulations adopted by the
director pursuant to this chapter ((shall be deemed)) is guilty of a misdemeanor((; and any)).
(2) A second or subsequent violation ((thereafter shall be deemed)) is a
gross misdemeanor. [2003 c 53 § 116; 1959 c 107 § 44.]
Reviser’s note: RCW 16.65.440 was amended twice during the 2003
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
16.65.445 Public hearings. The director shall hold
public hearings upon any proposal to adopt any new or
amended rules and all hearings for the denial, revocation, or
suspension of a license issued under this chapter or in any
other adjudicative proceeding, and shall comply in all
respects with chapter 34.05 RCW, the Administrative Procedure Act. [2003 c 326 § 90; 1989 c 175 § 55; 1961 c 182 § 7.]
16.65.445
Effective dates—2003 c 326: See RCW 16.57.902.
Additional notes found at www.leg.wa.gov
16.65.450 Orders—Appeal. Any licensee or applicant
who feels aggrieved by an order of the director may appeal to
the superior court of the county in the state of Washington of
the residence of the licensee or applicant where the trial on
such appeal shall be held de novo. [1991 c 17 § 4; 1959 c 107
§ 46.]
16.65.450
16.65.900 Severability—1959 c 107. If any section or
provision of this chapter shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the chapter as a whole, or any section, provision or part
thereof, not adjudged invalid or unconstitutional. [1959 c
107 § 45.]
16.65.900
16.65.910 Severability—1963 c 232.
15.61.900.
16.65.910
See RCW
Chapter 16.67 RCW
WASHINGTON STATE BEEF COMMISSION
Chapter 16.67
Sections
16.67.010
16.67.030
16.67.035
16.67.040
16.67.051
16.67.060
16.67.070
16.67.080
16.67.090
16.67.091
16.67.093
16.67.095
16.67.097
16.67.100
16.67.110
16.67.120
16.67.122
16.67.123
16.67.130
Short title.
Definitions.
Regulating beef and beef products—Existing comprehensive
scheme—Laws applicable.
Beef commission created—Generally.
Designation of positions—Terms.
Director to appoint members—Recommendations by industry.
Vacancies—Compensation and travel expenses.
Commission records as evidence.
Powers and duties—Rule making.
Commission’s plans, programs, and projects—Director’s
approval required.
Subpoenas.
Commission speaks for state—Director’s oversight.
Reimbursement for costs.
Meetings—Notice.
Promotional programs, research, rate studies, labeling.
Levy of assessment—Collections—Federal orders.
Additional assessment—National beef promotion and research
program—Contingency.
Transfer of cattle by meat packer as sale.
Assessments personal debt—Delinquent charge—Civil action
to collect.
(2010 Ed.)
Washington State Beef Commission
16.67.140
16.67.160
16.67.170
16.67.180
16.67.190
16.67.195
16.67.900
16.67.910
16.67.920
Livestock purchasers to provide list of sellers to commission.
Liability of commission’s assets—Immunity of state, commission employees, etc.
Promotional printing not restricted by public printer laws.
Certain records exempt from public disclosure—Exceptions—
Actions not prohibited by chapter.
Funding staff support—Rules.
Costs of implementing RCW 16.67.091.
Liberal construction—1969 c 133.
Severability—1969 c 133.
Effective date—1969 c 133.
16.67.010 Short title. This chapter shall be known and
may be cited as the Washington state beef commission act.
[1969 c 133 § 1.]
16.67.010
16.67.030 Definitions. For the purpose of this chapter:
(1) "Commission" means the Washington state beef
commission.
(2) "Director" means the director of agriculture of the
state of Washington or an appointed representative.
(3) "Ex officio members" means those advisory members of the commission who do not have a vote.
(4) "Department" means the department of agriculture of
the state of Washington.
(5) "Person" includes any individual, firm, corporation,
trust, association, partnership, society, or any other organization of individuals.
(6) "Beef producer" means any person who raises,
breeds, grows, or purchases cattle or calves for beef production.
(7) "Dairy (beef) producer" means any person who
raises, breeds, grows, or purchases cattle for dairy production
and who is actively engaged in the production of fluid milk.
(8) "Feeder" means any person actively engaged in the
business of feeding cattle and usually operating a feed lot.
(9) "Producer" means any person actively engaged in the
cattle industry including beef producers and dairy (beef) producers.
(10) "Washington cattle" shall mean all cattle owned or
controlled by affected producers and located or sold in the
state of Washington.
(11) "Meat packer" means any person operating a
slaughtering establishment subject to inspection under a federal meat inspection act.
(12) "Livestock salesyard operator" means any person
licensed to operate a cattle auction market or salesyard under
the provisions of chapter 16.65 RCW as enacted or hereafter
amended.
(13) "Mail" or "send" for purposes of any notice relating
to rule making means regular mail or electronic distribution,
as provided in RCW 34.05.260 for rule making. "Electronic
distribution" or "electronically" means distribution by electronic mail or facsimile mail. [2002 c 313 § 80; 1999 c 291 §
30; 1969 c 133 § 2.]
16.67.030
Effective dates—2002 c 313: See note following RCW 15.65.020.
16.67.035 Regulating beef and beef products—Existing comprehensive scheme—Laws applicable. The history, economy, culture, and the future of Washington state’s
agriculture involves the beef industry. In order to develop and
promote beef and beef products as part of an existing compre16.67.035
(2010 Ed.)
16.67.035
hensive scheme to regulate those products the legislature
declares:
(1) That the Washington state beef commission is created;
(2) That it is vital to the continued economic well-being
of the citizens of this state and their general welfare that its
beef and beef products be properly promoted by (a) enabling
the beef industry to help themselves in establishing orderly,
fair, sound, efficient, and unhampered marketing, grading,
and standardizing of beef and beef products they produce;
and (b) working to stabilize the beef industry by increasing
consumption of beef and beef products within the state, the
nation, and internationally;
(3) That beef producers operate within a regulatory environment that imposes burdens on them for the benefit of society and the citizens of the state and includes restrictions on
marketing autonomy. Those restrictions may impair the beef
producer’s ability to compete in local, domestic, and foreign
markets;
(4) That it is in the overriding public interest that support
for the beef industry be clearly expressed, that adequate protection be given to agricultural commodities, uses, activities,
and operations, and that beef and beef products be promoted
individually, and as part of a comprehensive industry to:
(a) Enhance the reputation and image of Washington
state’s agriculture industry;
(b) Increase the sale and use of beef products in local,
domestic, and foreign markets;
(c) Protect the public by educating the public in reference to the quality, care, and methods used in the production
of beef and beef products, and in reference to the various cuts
and grades of beef and the uses to which each should be put;
(d) Increase the knowledge of the health-giving qualities
and dietetic value of beef products; and
(e) Support and engage in programs or activities that
benefit the production, handling, processing, marketing, and
uses of beef and beef products;
(5) That this chapter is enacted in the exercise of the
police powers of this state for the purpose of protecting the
health, peace, safety, and general welfare of the people of this
state; and
(6) That the beef industry is a highly regulated industry
and that this chapter and the rules adopted under it are only
one aspect of the regulated industry. Other regulations and
restraints applicable to the beef industry include the:
(a) Beef promotion and research act of 1985, U.S.C.
Title 7, chapter 62;
(b) Beef promotion and research, 7 C.F.R., Part 1260;
(c) Agricultural marketing act, 7 U.S.C., section 1621;
(d) USDA meat grading, certification, and standards, 7
C.F.R., Part 54;
(e) Mandatory price reporting, 7 C.F.R., Part 57;
(f) Grazing permits, 43 C.F.R., Part 2920;
(g) Capper-Volstead act, U.S.C. Title 7, chapters 291
and 292;
(h) Livestock identification under chapter 16.57 RCW
and rules;
(i) *Organic food products act under chapter 15.86 RCW
and rules;
(j) Intrastate commerce in food, drugs, and cosmetics act
under chapter 69.04 RCW and rules, including provisions of
[Title 16 RCW—page 47]
16.67.040
Title 16 RCW: Animals and Livestock
21 C.F.R. relating to the general manufacturing practices,
food labeling, food standards, food additives, and pesticide
tolerances;
(k) Washington food processing act under chapter 69.07
RCW and rules;
(l) Washington food storage warehouses act under chapter 69.10 RCW and rules;
(m) Animal health under chapter 16.36 RCW and rules;
and
(n) Weights and measures under chapter 19.94 RCW and
rules. [2002 c 313 § 79.]
*Reviser’s note: The "organic food products act" was renamed the
"organic products act."
Effective dates—2002 c 313: See note following RCW 15.65.020.
16.67.040 Beef commission created—Generally.
There is hereby created a Washington state beef commission
to be thus known and designated. The commission shall be
composed of two beef producers, two dairy (beef) producers,
two feeders, one livestock salesyard operator, one meat
packer, and the director, who shall be a voting member. If an
otherwise voting member is elected as the chair of the commission, the member may, during the member’s term as chair
of the commission, cast a vote as a member of the commission only to break a tie vote. If the commission so chooses,
there may be one additional nonvoting member in an advisory capacity appointed by the members of the commission
for such a term as the members may set.
A majority of voting members shall constitute a quorum
for the transaction of any business.
All appointed members as stated in RCW 16.67.060
shall be citizens and residents of this state, over the age of
twenty-five years, each of whom is and has been actually
engaged in that phase of the cattle industry he or she represents for a period of five years, and has during that period
derived a substantial portion of his or her income therefrom,
or have a substantial investment in cattle as an owner, lessee,
partner, or a stockholder owning at least ten percent of the
voting stock in a corporation engaged in the production of
cattle or dressed beef, or a manager or executive officer of
such corporation. Producer members of the commission shall
not be directly engaged in the business of being a meat
packer, or as a feeder, feeding cattle other than their own.
Said qualifications must continue throughout each member’s
term of office. [2003 c 396 § 33; 2000 c 146 § 1; 1997 c 363
§ 1; 1993 c 40 § 1; 1991 c 9 § 1; 1969 c 133 § 3.]
16.67.040
Effective date—2003 c 396: See note following RCW 15.66.030.
Additional notes found at www.leg.wa.gov
16.67.051 Designation of positions—Terms. Commencing on July 1, 1993, the appointive positions on the
commission shall be designated as follows: The beef producers shall be designated position one and position six; the dairy
(beef) producers shall be designated position two and position seven; the feeders shall be designated position three and
position eight; the livestock salesyard operator shall be designated position four; and the meat packer shall be designated
position five.
The initial terms of positions one and four shall terminate July 1, 1994; positions two and five shall terminate July
1, 1995; and position three shall terminate July 1, 1996. The
initial terms of position six shall terminate July 1, 1998; position seven shall terminate July 1, 1999; and position eight
shall terminate July 1, 2000. The regular term of office of
subsequent appointees shall be three years from the date of
appointment and until their successors are appointed. [1997
c 363 § 2; 1993 c 40 § 3.]
Additional notes found at www.leg.wa.gov
16.67.060 Director to appoint members—Recommendations by industry. The director shall appoint the
members of the commission. In making such appointments,
the director shall take into consideration recommendations
made to him or her by organizations who represent or who
are engaged in the same type of production or business as the
person recommended for appointment as a member of the
commission.
Commencing on June 1, 1993, and by June 1 of each
subsequent year, organizations under this section shall make
a recommendation as required, to the director of a person to
serve on the commission. [1993 c 40 § 4; 1991 c 9 § 3; 1969
c 133 § 5.]
16.67.060
Additional notes found at www.leg.wa.gov
16.67.070 Vacancies—Compensation and travel
expenses. (1) In the event a position on the commission
becomes vacant due to resignation, disqualification, death, or
for any other reason, the unexpired term of such position
shall be filled by the director forthwith.
(2) Each member of the commission shall be compensated in accordance with RCW 43.03.230.
(3) Each member or employee shall be reimbursed for
actual travel expenses incurred in carrying out the provisions
of this chapter as defined by the commission in rule. Otherwise if not defined in rule, reimbursement for travel expenses
shall be at the rates allowed by RCW 43.03.050 and
43.03.060. [2002 c 313 § 81; 1991 c 9 § 4; 1984 c 287 § 19;
1975-’76 2nd ex.s. c 34 § 22; 1969 c 133 § 6.]
16.67.070
Effective dates—2002 c 313: See note following RCW 15.65.020.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Additional notes found at www.leg.wa.gov
16.67.080 Commission records as evidence. Copies of
the proceedings, records, and acts of the commission, when
certified by the secretary of the commission and authenticated by the commission seal, shall be admissible in any
court as prima facie evidence of the truth of the statements
contained therein. [1969 c 133 § 7.]
16.67.080
16.67.051
[Title 16 RCW—page 48]
16.67.090 Powers and duties—Rule making. The
powers and duties of the commission shall include the following:
(1) To administer and enforce the provisions of this
chapter, and do all things reasonably necessary to effectuate
the purposes of this chapter;
(2) To elect a chairman and such other officers as it
deems advisable;
(3) To employ and discharge at its discretion a manager,
secretary, and such other personnel, including attorneys
16.67.090
(2010 Ed.)
Washington State Beef Commission
engaged in the private practice of law subject to the review of
the attorney general, as the commission determines are necessary and proper to carry out the purposes of this chapter, and
to prescribe their duties and powers and fix their compensation;
(4) To adopt, rescind, and amend rules, regulations, and
orders for the exercise of its powers hereunder subject to the
provisions of chapter 34.05 RCW, except that rule-making
proceedings conducted under this chapter are exempt from
compliance with RCW 34.05.310, the provisions of chapter
19.85 RCW, the regulatory fairness act, and the provisions of
RCW 43.135.055 when adoption of the rule is determined by
a referendum vote of the affected parties;
(5) To establish by resolution, a headquarters which shall
continue as such unless and until so changed by the commission. All records, books and minutes of the commission shall
be kept at such headquarters;
(6) To require a bond of all commission members and
employees of the commission in a position of trust in the
amount the commission shall deem necessary. The premium
for such bond or bonds shall be paid by the commission from
assessments collected. Such bond shall not be necessary if
any such commission member or employee is covered by any
blanket bond covering officials or employees of the state of
Washington;
(7) To establish a beef commission revolving fund, such
fund to be deposited in a bank or banks or financial institution
or institutions, approved for the deposit of state funds, in
which all money received by the commission, except an
amount of petty cash for each day’s needs not to exceed one
hundred dollars, shall be deposited each day or as often during the day as advisable; none of the provisions of RCW
43.01.050 as now or hereafter amended shall apply to money
collected under this chapter;
(8) To prepare a budget or budgets covering anticipated
income and expenses to be incurred in carrying out the provisions of this chapter during each fiscal year;
(9) To incur expense and enter into contracts and to create such liabilities as may be reasonable for the proper administration and enforcement of this chapter;
(10) To borrow money, not in excess of its estimate of its
revenue from the current year’s contributions;
(11) To keep or cause to be kept in accordance with
accepted standards of good accounting practice, accurate
records of all assessments, expenditures, moneys and other
financial transactions made and done pursuant to this chapter.
Such records, books and accounts shall be audited at least
every five years subject to procedures and methods lawfully
prescribed by the state auditor. Such books and accounts shall
be closed as of the last day of each fiscal year. A copy of such
audit shall be delivered within thirty days after completion
thereof to the director, the state auditor and the commission.
On such years and in such event the state auditor is unable to
audit the records, books and accounts within six months following the close of the audit period it shall be mandatory that
the commission employ a private auditor to make such audit;
(12) To sue and be sued as a commission, without individual liability for acts of the commission within the scope of
the powers conferred upon it by this chapter;
(13) To cooperate with any other local, state, or national
commission, organization or agency, whether voluntary or
(2010 Ed.)
16.67.097
established by state or federal law, including recognized livestock groups, engaged in work or activities similar to the
work and activities of the commission created by this chapter
and make contracts and agreements with such organizations
or agencies for carrying on joint programs beneficial to the
beef industry;
(14) To accept grants, donations, contributions or gifts
from any governmental agency or private source for expenditures for any purpose consistent with the provisions of this
chapter; and
(15) To operate jointly with beef commissions or similar
agencies established by state laws in adjoining states. [2002
c 313 § 82; 2000 c 146 § 2; 1982 c 81 § 3; 1969 c 133 § 8.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
16.67.091 Commission’s plans, programs, and
projects—Director’s approval required. (1) The commission shall develop and submit to the director for approval any
plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and
administration of appropriate programs or projects for the
advertising and promotion of its affected commodities; and
(b) The establishment and effectuation of market
research projects, market development projects, or both to the
end that the marketing and utilization of its affected commodities may be encouraged, expanded, improved, or made
more efficient.
(2) The director shall review the commission’s advertising or promotion program to ensure that no false claims are
being made concerning its affected commodities.
(3) The commission, prior to the beginning of its fiscal
year, shall prepare and submit to the director for approval its
research plan, its commodity-related education and training
plan, and its budget on a fiscal period basis.
(4) The director shall strive to review and make a determination of all submissions described in this section in a
timely manner. [2003 c 396 § 34.]
16.67.091
Effective date—2003 c 396: See note following RCW 15.66.030.
16.67.093 Subpoenas. The commission has the power
to subpoena witnesses and to issue subpoenas for the production of any books, records, or documents of any kind for the
purpose of enforcing this chapter. [2002 c 313 § 85.]
16.67.093
Effective dates—2002 c 313: See note following RCW 15.65.020.
16.67.095 Commission speaks for state—Director’s
oversight. The commission exists primarily for the benefit
of the people of the state of Washington and its economy.
The legislature hereby charges the commission, with oversight by the director, to speak on behalf of Washington state
government with regard to its particular commodities. [2003
c 396 § 35.]
16.67.095
Effective date—2003 c 396: See note following RCW 15.66.030.
16.67.097 Reimbursement for costs. (1) The commission shall reimburse the director for necessary costs for services conducted on behalf of the commission under this chapter.
16.67.097
[Title 16 RCW—page 49]
16.67.100
Title 16 RCW: Animals and Livestock
(2) The commission may enter into an agreement with
the director to administer this chapter or chapter 34.05 RCW.
[2002 c 313 § 86.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
16.67.100 Meetings—Notice. The commission shall
hold regular meetings, at least quarterly, with the time and
date thereof to be fixed by resolution of the commission.
The commission shall hold an annual meeting. The proposed budget shall be presented for discussion at the meeting.
Notice of the annual meeting shall be given by the commission at least ten days prior to the meeting by public notice of
such meeting published in newspapers of general circulation
in the state of Washington, by radio and press releases and
through trade publications.
The commission shall establish by resolution, the time,
place and manner of calling special meetings of the commission with reasonable notice to the members: PROVIDED,
That, the notice of any special meeting may be waived by a
waiver thereof by each member of the commission. [2000 c
146 § 3; 1969 c 133 § 9.]
16.67.100
16.67.110 Promotional programs, research, rate
studies, labeling. The commission shall provide for programs designed to increase the consumption of beef; develop
more efficient methods for the production, processing, handling and marketing of beef; eliminate transportation rate inequalities on feed grains and supplements and other production supplies adversely affecting Washington producers;
properly identify beef and beef products for consumers as to
quality and origin. For these purposes the commission may:
(1) Provide for programs for advertising, sales promotion and education, locally, nationally or internationally, for
maintaining present markets and/or creating new or larger
markets for beef. Such programs shall be directed toward
increasing the sale of beef and shall neither make use of false
or unwarranted claims in behalf of beef nor disparage the
quality, value, sale or use of any other agricultural commodity;
(2) Provide for research to develop and discover the
health, food, therapeutic and dietetic value of beef and beef
products thereof;
(3) Make grants to research agencies for financing studies, including funds for the purchase or acquisition of equipments and facilities, in problems of beef production, processing, handling and marketing;
(4) Disseminate reliable information founded upon the
research undertaken under this chapter or otherwise available;
(5) Provide for rate studies and participate in rate hearings connected with problems of beef production, processing,
handling or marketing; and
(6) Provide for proper labeling of beef and beef products
so that the purchaser and the consuming public of the state
will be readily apprised of the quality of the product and how
and where it was processed. [2000 c 146 § 4; 1969 c 133 §
10.]
16.67.110
16.67.120 Levy of assessment—Collections—Federal
orders. (1) There is hereby levied an assessment of one dol16.67.120
[Title 16 RCW—page 50]
lar per head on all Washington cattle sold in this state or elsewhere to be paid by the seller at the time of sale: PROVIDED, That if such sale is accompanied by a brand inspection by the department such assessment may be collected at
the same time, place and in the same manner as brand inspection fees. Such fees may be collected by the livestock services division of the department and transmitted to the commission: PROVIDED FURTHER, That, if such sale is made
without a brand inspection by the department the assessment
shall be paid by the seller and transmitted directly to the commission by the fifteenth day of the month following the
month the transaction occurred.
(2) The procedures for collecting all state and federal
assessments under this chapter shall be as required by the federal order and as described by rules adopted by the commission. [2002 c 313 § 83; 2000 c 146 § 5; 1987 c 393 § 11; 1986
c 190 § 2; 1982 c 47 § 1; 1975 1st ex.s. c 93 § 1; 1969 c 133
§ 11.]
Effective dates—2002 c 313: See note following RCW 15.65.020.
16.67.122 Additional assessment—National beef promotion and research program—Contingency. In addition
to the assessment authorized pursuant to RCW 16.67.120, the
commission has the authority to collect an additional assessment of fifty cents per head for cattle subject to assessment
by federal order for the purpose of providing funds for a
national beef promotion and research program. The manner
in which this assessment will be levied and collected shall be
established by rule. The authority to collect this assessment
shall be contingent upon the implementation of federal legislation providing for a national beef promotion and research
program and the establishment of the assessment requirement
to fund its activities. [2002 c 313 § 84; 2000 c 146 § 6; 1986
c 190 § 1.]
16.67.122
Effective dates—2002 c 313: See note following RCW 15.65.020.
16.67.123 Transfer of cattle by meat packer as sale.
The transfer of cattle owned by a meat packer from a feed lot
to a slaughterhouse for slaughter shall be deemed a sale of
such cattle for the purpose of chapter 16.67 RCW. Such
packer shall pay directly to the beef commission the same
assessment as required of all other cattle owners selling cattle. [1971 c 64 § 1.]
16.67.123
16.67.130 Assessments personal debt—Delinquent
charge—Civil action to collect. Any due and payable
assessment levied under the provisions of this chapter shall
constitute a personal debt of every person so assessed or who
otherwise owes the same and shall be due and payable on the
fifteenth day of the month following the month the transaction occurred. In the event any such person fails to pay the
full amount within such time, the commission shall add to
such unpaid assessment an amount of ten percent of the
unpaid assessment to defray the cost of collecting the same.
In the event of failure of such person to pay such due and payable assessment, the commission may bring civil action
against such person in a state court of competent jurisdiction
for the collection thereof, together with the above specified
ten percent thereon and any other additional necessary reasonable costs including attorneys’ fees. Such action shall be
16.67.130
(2010 Ed.)
Disposal of Dead Animals
tried and judgment rendered as in any other cause of action
for debt due and payable. [2000 c 146 § 7; 1969 c 133 § 12.]
16.67.140 Livestock purchasers to provide list of sellers to commission. The commission may adopt regulations
requiring the purchasers of livestock subject to the assessments under this chapter, to furnish the commission with the
names of persons from whom such livestock was purchased.
Refusal or failure to furnish the commission with such a list
shall constitute a misdemeanor. [1969 c 133 § 13.]
16.68.010
Part headings not law—Effective date—2005 c 274: See RCW
42.56.901 and 42.56.902.
Effective dates—2002 c 313: See note following RCW 15.65.020.
16.67.140
16.67.160 Liability of commission’s assets—Immunity of state, commission employees, etc. Obligations
incurred by the commission and liabilities or claims against
the commission shall be enforced only against the assets of
the commission in the same manner as if it were a corporation
and no liability for the debts or actions of the commission
shall exist against either the state of Washington or any subdivision or instrumentality thereof or against any member
officer, employee or agent of the commission in his individual capacity. The members of the commission including
employees of the commission shall not be held responsible
individually or any way whatsoever to any person for errors
in judgment, mistakes, or other acts, either of commission or
omission, as principal, agent, person or employees, except for
their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for
any act or omission of any other member of the commission.
The liability of the members of the commission shall be several and not joint and no member shall be liable for the
default of any other member. [1969 c 133 § 15.]
16.67.160
16.67.170 Promotional printing not restricted by
public printer laws. The restrictive provisions of chapter
43.78 RCW, as now or hereafter amended, shall not apply to
promotional printing and literature for the commission.
[1969 c 133 § 16.]
16.67.170
16.67.180 Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter.
(1) Under RCW 42.56.380, certain agricultural business
records, commission records, and department of agriculture
records relating to the commission and producers of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records
submitted to either the department or the commission for the
purpose of administering this chapter may be shared between
the department and the commission. They may also be used,
if required, in any suit or administrative hearing involving
any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the
reports of persons subject to this chapter as long as the statements do not identify the information furnished by any person; or
(b) The publication by the director or the commission of
the name of any person violating this chapter and a statement
of the manner of the violation by that person. [2005 c 274 §
220; 2002 c 313 § 71.]
16.67.180
(2010 Ed.)
16.67.190 Funding staff support—Rules. The director
may provide by rule for a method to fund staff support for all
commodity boards or commissions in accordance with RCW
43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken on
behalf of an individual commodity board or commission. The
commission shall provide funds to the department according
to the rules adopted by the director. [2002 c 313 § 77.]
16.67.190
Effective dates—2002 c 313: See note following RCW 15.65.020.
16.67.195 Costs of implementing RCW 16.67.091.
The costs incurred by the department associated with the
implementation of RCW 16.67.091 shall be paid for by the
commission. [2003 c 396 § 36.]
16.67.195
Effective date—2003 c 396: See note following RCW 15.66.030.
16.67.900 Liberal construction—1969 c 133. This
chapter shall be liberally construed. [1969 c 133 § 20.]
16.67.900
16.67.910 Severability—1969 c 133. If any provisions
hereof are declared invalid, the validity of the remainder
hereof of the applicability thereof to any other person, circumstances or thing shall not be affected thereby. [1969 c
133 § 17.]
16.67.910
16.67.920 Effective date—1969 c 133. This chapter is
necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect June 1, 1969.
[1969 c 133 § 21.]
16.67.920
Chapter 16.68
Chapter 16.68 RCW
DISPOSAL OF DEAD ANIMALS
Sections
16.68.010
16.68.030
16.68.040
16.68.050
16.68.060
16.68.070
16.68.080
16.68.090
16.68.100
16.68.110
16.68.120
16.68.130
16.68.140
16.68.150
16.68.160
16.68.170
16.68.180
16.68.190
Definitions.
Sale, gift, or conveyance prohibited—Exceptions.
License required of rendering plants and independent collectors.
Rendering plant license fee.
Independent collector license fee.
Substation or places of transfer license fee.
Expiration of license—Revocation.
Applications for license.
Procedure upon application—Inspection of premises.
Duty of licensees as to premises.
Duty of licensees—Standards.
Right of access to premises and records.
Unlawful possession of horse meat—Exceptions.
Feeding of carcasses to swine unlawful—Exception.
Disposition of fees.
Rules and regulations.
Penalty for violations.
Bait for trapping purposes—Exception.
16.68.010 Definitions. For the purposes of this chapter,
unless clearly indicated otherwise by the context:
(1) "Director" means the director of agriculture;
(2) "Meat food animal" means cattle, horses, mules,
asses, swine, sheep and goats;
16.68.010
[Title 16 RCW—page 51]
16.68.030
Title 16 RCW: Animals and Livestock
(3) "Dead animal" means the body of a meat food animal, or any part or portion thereof: PROVIDED, That the
following dead animals are exempt from the provisions of
this chapter:
(a) Edible products from a licensed slaughtering establishment;
(b) Edible products where the meat food animal was
slaughtered under farm slaughter permit;
(c) Edible products where the meat food animal was
slaughtered by a bona fide farmer on his own ranch for his
own consumption;
(d) Hides from meat food animals that are properly identified as to ownership and brands;
(4) "Carcass" means all parts, including viscera, of a
dead meat food animal;
(5) "Person" means any individual, firm, corporation,
partnership, or association;
(6) "Rendering plant" means any place of business or
location where dead animals or any part or portion thereof, or
packing house refuse, are processed for the purpose of
obtaining the hide, skin, grease residue, or any other by-product whatsoever;
(7) "Substation" means a properly equipped and authorized concentration site for the temporary storage of dead animals or packing house refuse pending final delivery to a
licensed rendering plant;
(8) "Place of transfer" means an authorized reloading site
for the direct transfer of dead animals or packing house refuse
from the vehicle making original pickup to the line vehicle
that will transport the dead animals or packing house refuse
to a specified licensed rendering plant;
(9) "Independent collector" means any person who does
not own a licensed rendering plant within the state of Washington but is properly equipped and licensed to transport dead
animals or packing house refuse to a specified rendering
plant. [1949 c 100 § 1; Rem. Supp. 1949 § 3142-1.]
Additional notes found at www.leg.wa.gov
16.68.030 Sale, gift, or conveyance prohibited—
Exceptions. It is unlawful for any person to sell, offer for
sale or give away a dead animal or convey the same along any
public road or land not his own: PROVIDED, That dead animals may be sold or given away to and legally transported on
highways by a person having an unrevoked, annual license to
operate a rendering plant or by a person having an unrevoked,
annual license to operate as an independent collector. [1949
c 100 § 3; Rem. Supp. 1949 § 3142-3.]
16.68.030
16.68.040 License required of rendering plants and
independent collectors. It is unlawful for any person to
operate a rendering plant or act as an independent collector
without first obtaining a license from the director. [1949 c
100 § 4; Rem. Supp. 1949 § 3142-4.]
16.68.040
federal meat inspection unless said rendering plant receives
dead animals that have been transported on public highways.
[1949 c 100 § 5; Rem. Supp. 1949 § 3142-5.]
16.68.060 Independent collector license fee. Any person engaged in the business of independent collector shall
secure from the director an annual independent collector
license and pay an annual fee of fifty dollars. [1949 c 100 §
6; Rem. Supp. 1949 § 3142-6.]
16.68.060
16.68.070 Substation or places of transfer license fee.
Any rendering plant operator or independent collector that
operates substations or places of transfer shall secure from
the director an annual substation license or place of transfer
license and pay an annual fee of twenty-five dollars for each
substation or place of transfer. [1949 c 100 § 7; Rem. Supp.
1949 § 3142-7.]
16.68.070
16.68.080 Expiration of license—Revocation. Any
license or permit issued under this chapter shall expire on the
thirtieth day of June next subsequent to the date of issue, and
may be sooner revoked by the director or his authorized representative for violations of this chapter. Any licensee or permittee under this chapter shall have the right to demand a
hearing before the director before a revocation is made permanent. [1949 c 100 § 8; Rem. Supp. 1949 § 3142-8.]
16.68.080
16.68.090 Applications for license. Any person applying for a license to operate a rendering plant and/or substation
and/or place of transfer, or to act as an independent collector
shall make application on forms furnished by the director.
Said application shall give all information required by the
director and shall be accompanied by the required license fee.
[1949 c 100 § 9; Rem. Supp. 1949 § 3142-9.]
16.68.090
16.68.100 Procedure upon application—Inspection
of premises. If the director finds that the locations, buildings, substations equipment, vehicles, places of transfer, or
proposed method of operation do not fully comply with the
requirements of this chapter, he shall notify the applicant by
registered letter wherein the same fails to comply. If the
applicant whose plant or operation failed to comply notifies
the director within ten days from the receipt of the registered
letter that he will discontinue operations, the fee accompanying the application will be returned to him; otherwise no part
of the fee will be refunded. If the applicant whose plant failed
to comply within a reasonable time, to be fixed by the director or his authorized representative, notifies the director that
such defects are remedied, a second inspection shall be made.
Not more than two inspections may be made on one application. [1949 c 100 § 10; Rem. Supp. 1949 § 3142-10.]
16.68.100
16.68.110 Duty of licensees as to premises. Every licensee under this chapter must comply with the following:
(1) All floors shall be constructed of concrete or other
impervious material, shall be kept reasonably clean and in
good repair. Floors shall slope at least one-fourth inch to the
foot toward drains, and slope at least three-eighths inch to the
foot as the drains are approached.
16.68.110
16.68.050 Rendering plant license fee. Any person
engaged in operating a rendering plant shall secure from the
director an annual rendering plant license and pay an annual
fee of one hundred dollars: PROVIDED, That no license
shall be required to operate a rendering plant on the premises
of a licensed slaughtering establishment maintaining state or
16.68.050
[Title 16 RCW—page 52]
(2010 Ed.)
Disposal of Dead Animals
(2) Adequate sanitary drainage must be provided leading
to approved grease traps and approved sewage disposal system. No point on the floor shall be over sixteen feet from a
drain.
(3) Suitable disposal of paunch contents must be provided in accordance with sanitary regulations.
(4) Walls shall be of impervious material to a height not
less than six feet from the floor with a tight union with the
floor.
(5) Potable water supply shall be provided for human
consumption, washing and cleaning.
(6) Ample steam shall be provided for cleaning purposes.
(7) Approved toilet and dressing room facilities must be
provided for employees.
(8) The building must be kept free from flies, rats, mice,
and cockroaches.
(9) Premises must be kept neat and orderly and all buildings must be attractive in appearance.
(10) All rendering plants, substations, and places of
transfer shall be so located, arranged, constructed and maintained, and the operation so conducted at all times as to be
consistent with public health and safety.
(11) Suitable facilities for the dipping, washing and disinfecting of hides obtained from animals that died or were
killed on account of an infectious or contagious disease, shall
be provided.
(12) Two copies of building or remodeling plans shall be
forwarded to the director for his approval before such building or remodeling is begun. [1949 c 100 § 12; Rem. Supp.
1949 § 3142-12.]
16.68.190
(9) Steam or vapor from cooking vats or tanks shall be so
disposed of as not to be detrimental to public health or safety.
(10) Dead animals shall be processed within forty-eight
hours after delivery to the rendering plant.
(11) No carcasses, parts thereof, or packing house refuse
under process for marketing shall be permitted to come in
contact with any part of the building or the equipment used in
connection with the unloading, skinning, dismembering and
grinding of carcasses or refuse as originally received at disposal plant. [1949 c 100 § 13; Rem. Supp. 1949 § 3142-13.]
16.68.130 Right of access to premises and records.
The director or his authorized agent, shall have free and uninterrupted access to all parts of premises that come under the
provisions of this chapter, for the purpose of making inspections and the examination of records. [1949 c 100 § 14; Rem.
Supp. 1949 § 3142-14.]
16.68.130
16.68.140 Unlawful possession of horse meat—
Exceptions. It shall be unlawful for any person to transport,
to sell, offer to sell, or have on his premises horse meat for
other than human consumption unless said horse meat is
decharacterized in a manner prescribed by the director: PROVIDED, That this provision shall not apply to carcasses
slaughtered by a farmer for consumption on his own ranch or
to carcasses in the possession of a person licensed under this
chapter, or to canned horse meat meeting United States
bureau of animal industry regulations. [1949 c 100 § 15;
Rem. Supp. 1949 § 3142-18.]
16.68.140
16.68.150 Feeding of carcasses to swine unlawful—
Exception. It shall be unlawful to feed carcasses of animals,
or any part or portion thereof, to swine, unless said carcasses
or portions thereof are cooked in a manner prescribed by the
director. [1949 c 100 § 16; Rem. Supp. 1949 § 3142-20.]
16.68.150
16.68.120 Duty of licensees—Standards. Every licensee under this chapter shall comply with the following:
(1) Dead animals shall be placed in containers or vehicles which are constructed of or lined with impervious material, and which do not permit the escape of any liquid, and
which are covered in such a way that the contents shall not be
openly exposed to insects.
(2) All vehicles and containers used for transporting
dead animals shall be properly cleaned and disinfected before
leaving the premises of a rendering plant, substation or place
of transfer.
(3) After original loading, dead animals shall not be
moved from the transporting container or vehicle upon a public highway or in any other place, except at a licensed rendering plant, licensed substation, or licensed place of transfer.
(4) No containers and vehicles used for transporting dead
animals shall be used for the transporting of live animals
except to a licensed rendering plant.
(5) All vehicles used to haul dead animals that have died
of an infectious or contagious disease, shall proceed directly
to the unloading point and shall not enter other premises until
the vehicle has been properly cleaned and disinfected.
(6) The name of the rendering plant or independent collector shall be painted in letters at least four inches high on
each side of every truck used for transporting dead animals.
(7) The skinning and dismembering of dead animals
shall be done in the building where they are processed.
(8) Cooking vats or tanks shall be airtight except for
proper escape for steam or vapor.
16.68.120
(2010 Ed.)
Swine, garbage feeding: RCW 16.36.105 and 16.36.110.
16.68.160 Disposition of fees. Funds collected for
license fees and inspection fees shall be retained by the director to be used for the enforcement of this chapter. [1949 c
100 § 11; Rem. Supp. 1949 § 3142-11.]
16.68.160
16.68.170 Rules and regulations. The director is
authorized and shall make and enforce such regulations as
may be necessary to effectuate the provisions of this chapter.
Such regulations shall be consistent with the provisions of
this chapter. [1949 c 100 § 17; Rem. Supp. 1949 § 3142-21.]
16.68.170
16.68.180 Penalty for violations. The violation of any
provision of this chapter shall be a misdemeanor. [1949 c
100 § 18; Rem. Supp. 1949 § 3142-22.]
16.68.180
16.68.190 Bait for trapping purposes—Exception.
Nothing in this chapter shall prohibit the department of fish
and wildlife from using the carcasses of dead animals for trap
bait in their regular trapping operations. [1994 c 264 § 6;
1988 c 36 § 7; 1949 c 100 § 18A; Rem. Supp. 1949 § 314223.]
16.68.190
[Title 16 RCW—page 53]
Chapter 16.70
Title 16 RCW: Animals and Livestock
Chapter 16.70 RCW
CONTROL OF PET ANIMALS INFECTED WITH
DISEASES COMMUNICABLE TO HUMANS
Chapter 16.70
43.70.170 through 43.70.190, pursuant to 1989 1st ex.s. c 9 § 267, effective
July 1, 1989.
16.70.040 Rules—Scope. (1) The secretary, with the
advice and concurrence of the director of the department of
agriculture, shall be authorized to develop rules for proposed
adoption by the board relating to the importation, movement,
sale, transfer, or possession of pet animals as defined in RCW
16.70.020 which are reasonably necessary for the protection
and welfare of the people of this state.
(2) The director of the department of agriculture shall
also be authorized to adopt rules to allow administration of
permits for those pet animals under subsection (1) of this section by the state veterinarian. [1996 c 188 § 5; 1971 c 72 § 4.]
16.70.040
Sections
16.70.010
16.70.020
16.70.030
16.70.040
16.70.050
16.70.060
Purpose.
Definitions.
Emergency action authorized—Scope—Animals as public
nuisance.
Rules—Scope.
Violations—Penalty.
Concurrent powers—Cooperation between officials.
16.70.010 Purpose. The incidence of disease communicated to human beings by contact with pet animals has
shown an increase in the past few years. The danger to human
beings from such pets infected with disease communicable to
humans has demonstrated the necessity for legislation to
authorize the secretary of the department of health and the
state board of health to take such action as is necessary to
control the sale, importation, movement, transfer, or possession of such animals where it becomes necessary in order to
protect the public health and welfare. [1991 c 3 § 2; 1971 c
72 § 1.]
16.70.010
16.70.050 Violations—Penalty. Any person violating
or refusing or neglecting to obey the order or directive issued
by the secretary pursuant to the authority granted under this
action [act] or the rules and regulations promulgated by the
board hereunder shall be guilty of a misdemeanor. [1971 c 72
§ 5.]
16.70.050
16.70.060 Concurrent powers—Cooperation
between officials. The powers conferred on the secretary by
this chapter shall be concurrent with the powers conferred on
the director of the department of agriculture by chapter 16.36
RCW, and chapter 43.23 RCW, and the secretary and director
shall cooperate in exercising their responsibilities in these
areas. [1971 c 72 § 6.]
16.70.060
16.70.020 Definitions. The following words or phrases
as used in this chapter shall have the following meanings
unless the context indicates otherwise:
(1) "Pet animals" means dogs (Canidae), cats (Felidae),
monkeys and other similar primates, turtles, psittacine birds,
skunks, or any other species of wild or domestic animals sold
or retained for the purpose of being kept as a household pet.
(2) "Secretary" means the secretary of the department of
health or his or her designee.
(3) "Department" means the department of health.
(4) "Board" means the Washington state board of health.
(5) "Person" means an individual, group of individuals,
partnership, corporation, firm, or association.
(6) "Quarantine" means the placing and restraining of
any pet animal or animals by direction of the secretary, either
within a certain described and designated enclosure or area
within this state, or the restraining of any such pet animal or
animals from entering this state. [1991 c 3 § 3; 1971 c 72 §
2.]
16.70.020
16.70.030 Emergency action authorized—Scope—
Animals as public nuisance. In the event of an emergency
arising out of an outbreak of communicable disease caused
by exposure to or contact with pet animals, the secretary is
hereby authorized to take any reasonable action deemed necessary by him to protect the public health, including but not
limited to the use of quarantine or the institution of any legal
action authorized pursuant to Title 7 RCW and RCW
43.20A.640 through 43.20A.650.
The secretary shall have authority to destroy any pet animal or animals which may reasonably be suspected of having
a communicable disease dangerous to humans and such animal or animals are hereby declared to be a public nuisance.
[1971 c 72 § 3.]
16.70.030
Reviser’s note: "RCW 43.20.150 through 43.20.170" were translated
to "RCW 43.20A.640 through 43.20A.650" due to their recodification from
chapter 43.20 RCW to chapter 43.20A RCW by 1979 c 141 § 384. Subsequently, RCW 43.20A.640 through 43.20A.650 were recodified as RCW
[Title 16 RCW—page 54]
Chapter 16.72
Chapter 16.72 RCW
FUR FARMING
Sections
16.72.010
16.72.020
16.72.030
16.72.040
Definitions.
Quarantine controls.
Fox, mink, marten declared personalty.
Branding—Recording.
16.72.010 Definitions. As used in this chapter:
"Director" means director of agriculture.
"Department" means department of agriculture.
"Person" includes any individual, firm corporation, trust,
association, copartnership, society, or other organization of
individuals and any other business unit, device or arrangement.
"Fur farming" means breeding, raising and rearing of
mink, marten, fox and chinchilla in captivity or enclosures.
[1955 c 321 § 2.]
16.72.010
16.72.020 Quarantine controls. Fur farming shall be
deemed an agricultural pursuit and the director is hereby
authorized to exercise quarantine controls over such farms in
accordance with the provisions of this title. Facilities available to the department may be used by the director in carrying
out the provisions of this chapter. [1955 c 321 § 3.]
16.72.020
16.72.030 Fox, mink, marten declared personalty.
All fox, mink and marten that have been lawfully imported or
acquired, or bred or reared in captivity or enclosures, are
declared to be personal property. Any person hereafter
16.72.030
(2010 Ed.)
Fur Farming
16.72.040
acquiring any such fur bearing animals in the wild state, shall
within ten days furnish satisfactory proof to the director that
such animals were lawfully obtained. Such wild animals shall
not become personal property under the provisions of this
section until such proof is furnished. [1955 c 321 § 4.]
16.72.040 Branding—Recording. The owners of any
fox, mink, or marten may mark them by branding with tattoo
or other marks for the purpose of identification, but no person
shall be entitled to ownership in or rights under any particular
branding marks unless and until the branding marks are
recorded with the department in the same manner and with
like effect as brands of other animals are recorded as provided in *chapter 16.56 RCW. [1955 c 321 § 5.]
16.72.040
*Reviser’s note: Chapter 16.56 RCW was repealed by 1959 c 54 § 39.
For later enactment, see chapter 16.57 RCW.
(2010 Ed.)
[Title 16 RCW—page 55]
Title 17
Title 17
WEEDS, RODENTS, AND PESTS
Chapters
17.04 Weed districts.
17.06 Intercounty weed districts.
17.10 Noxious weeds—Control boards.
17.12 Agricultural pest districts.
17.15 Integrated pest management.
17.21 Washington pesticide application act.
17.24 Insect pests and plant diseases.
17.26 Control of spartina and purple loosestrife.
17.28 Mosquito control districts.
17.34 Pest control compact.
Control of predatory birds injurious to agriculture: RCW 15.04.110 through
15.04.120.
Crop liens: Chapter 60.11 RCW.
Director of agriculture: Chapter 43.23 RCW.
Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Mosquito control: Chapter 70.22 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Washington pesticide control act: Chapter 15.58 RCW.
Chapter 17.04
Chapter 17.04 RCW
WEED DISTRICTS
Sections
17.04.010
17.04.030
17.04.050
17.04.070
17.04.150
17.04.160
17.04.170
17.04.180
17.04.190
17.04.200
17.04.210
17.04.220
17.04.230
17.04.240
17.04.245
17.04.250
17.04.260
17.04.270
17.04.280
17.04.900
17.04.910
Districts authorized—Area and boundaries.
Petition—Time, place and notice of hearing.
Board to determine petition—Resolution to create district.
Meetings—Qualifications of electors and directors—Elections—Officers—Bonds—Terms of office—Vacancies—
Rules and regulations.
Powers—Weed inspector.
Contiguous lands.
Indian reservation lands—United States lands.
County and state lands.
Duties of weed inspector.
Violation of rules and regulations—Notice to destroy weeds—
Destruction.
Statement of expense—Hearing.
Examination at hearing of expenses—Amount is tax on land—
Effect of failure to serve notices.
Appellate review—Notice—Cost bond.
Assessments—Classification of property—Tax levy.
Assessment—Tax roll—Collection.
District treasurer—Duties—Fund.
Limit of indebtedness.
Districts organized under prior law—Reorganization.
Officials of district may enter lands—Penalty for prevention.
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for
five years.
Continuation or dissolution of district—Noxious weed control
boards.
Agricultural and vegetable seeds: Chapter 15.49 RCW.
Special purpose districts, expenditures to recruit job candidates: RCW
42.24.170.
17.04.010 Districts authorized—Area and boundaries. The boards of county commissioners of the respective
counties may create a weed district or districts within their
17.04.010
(2010 Ed.)
counties and enlarge any district, or reduce any district or create or combine or consolidate the districts, or divide or create
new districts, from time to time, in the manner hereinafter
provided, for the purpose of destroying, preventing and exterminating, or to prevent the introduction, propagation, cultivation or increase of, any particular weed, weeds or plants, or
all weeds or plants, including Scotch broom, which are now
or may hereafter be classed by the agricultural experiment
station of Washington State University as noxious weeds, or
plants detrimental to or destructive of crops, fruit, trees,
shrubs, valuable plants, forage, or other agricultural plants or
produce. Any such district shall include not less than one section of land, and the boundaries thereof shall be along an
established road, railroad, scab, uncleared or grazing land, or
property line, or established lines, or some natural boundary,
and shall include only cultivated or farming lands and shall
not include any scab, uncleared or grazing land, except such
as shall lie wholly within cultivated or farming lands within
the districts, or which lie adjacent to such cultivated or farming lands and which are infested, or which may reasonably be
expected to become infested, with the particular weed or
weeds to be destroyed, prevented and exterminated by such
district: PROVIDED, That any quarter section of land, or
lesser legal subdivision in single ownership, fifty percent of
which is cultivated or farming land, shall be considered cultivated and farming land within the meaning of this chapter.
[1961 c 250 § 1; 1937 c 193 § 1; 1929 c 125 § 1; RRS § 2771.
Prior: 1921 c 150 § 1. Formerly RCW 17.04.010 and
17.04.020.]
17.04.030
17.04.030 Petition—Time, place and notice of hearing. Any one or more freeholders owning more than fifty
percent of the acreage desired to be included within the proposed weed district may file a petition with the board of
county commissioners praying that their land be included,
either separately or with other lands included in the petition,
in a weed district to be formed for the purpose of destroying,
preventing or exterminating any one or all such weeds, or that
such lands be included within a district already formed, or a
new district or districts to be formed out of any district or districts then existing. Such petition shall state the boundaries of
the proposed district, the approximate number of acres in the
proposed district, the particular weed or weeds to be
destroyed, prevented or exterminated, the general method or
means to be used in such work, and shall contain a list of all
known land owners within the proposed district, together
with the addresses of such land owners. Upon the filing of
such petition the board of county commissioners shall fix a
time for a hearing thereon, and shall give at least thirty days’
notice of the time and place of such hearing by posting copies
of such notice in three conspicuous places within the proposed district, one copy of which shall be at the main
entrance to the court house, and by mailing a copy of such
[Title 17 RCW—page 1]
17.04.050
Title 17 RCW: Weeds, Rodents, and Pests
notice to each of the land owners named in the petition at the
address therein named, and if any of the land described in the
petition be owned by the state, a copy thereof shall be mailed
to the department of natural resources at Olympia. [1988 c
128 § 4; 1929 c 125 § 2; RRS § 2772. Prior: 1921 c 150 § 2.
Formerly RCW 17.04.030 and 17.04.040.]
17.04.050 Board to determine petition—Resolution
to create district. At the time and place fixed for such hearing the board of county commissioners shall determine
whether such weed district shall be created and if such board
determines that such district shall be created, it shall fix the
boundaries thereof, but shall not modify the purposes of the
petition with respect to the weed or weeds to be destroyed,
prevented and exterminated as set forth in this petition, and
shall not enlarge the boundaries of the proposed district, or
enlarge or change the boundary or boundaries of any district
or districts already formed without first giving notice to all
land owners interested as provided in RCW 17.04.030. If the
board shall determine that the weed district petitioned for
shall be created it shall pass a resolution to that effect and
shall assign a number to such weed district which shall be the
lowest number not already taken or adopted by a weed district in such county, and thereafter such district shall be
known as "Weed District No. . . . . of . . . . . . County," inserting in the first blank the number of the district and in the second the name of the county in which the district is organized.
[1929 c 125 § 3; RRS §§ 2773, 2774. Prior: 1921 c 150 §§ 3,
4. Formerly RCW 17.04.050 and 17.04.060.]
17.04.050
17.04.070 Meetings—Qualifications of electors and
directors—Elections—Officers—Bonds—Terms of
office—Vacancies—Rules and regulations. If the board of
county commissioners establish such district it shall call a
special meeting to be held within such district for the purpose
of electing three directors for such district. No person shall be
eligible to hold the office of director who is not a qualified
elector of the state of Washington and a resident and landowner within such district. Such meeting shall be held not
less than thirty nor more than ninety days from the date when
such district is established by such board.
Notice of such meeting shall be given by the county
auditor by publication once a week for three successive
weeks in a newspaper of general circulation in such district,
and by posting such notice for not less than ten days before
the date fixed for such meeting in three public places within
the boundaries of such district. The notices shall state the
object of the meeting and the time and place when the same
shall be held.
At the time and place fixed for the meeting the county
commissioner in whose commissioner district such district is
located shall act as chairman and call the meeting to order.
The chairman shall appoint two persons to assist him in conducting the election, one of whom shall act as clerk. If such
county commissioner be not present the electors of such district then present shall elect a chairman of the meeting.
Every person who is a landowner within such district and
a qualified elector of the state of Washington shall be entitled
to vote at such meeting. Any person offering to vote may be
challenged by any legally qualified elector of such district,
17.04.070
[Title 17 RCW—page 2]
and the chairman of such meeting shall thereupon administer
to the person challenged an oath in substance as follows:
"You do swear (or affirm) that you are a citizen of the United
States and a qualified elector of the state of Washington and
an owner of land within the boundaries of weed district No.
. . . . of . . . . . . county (giving number of district and name of
county)." If the challenged person shall take such oath or
make such affirmation, he shall be entitled to vote; otherwise
his vote shall not be received. Any person making a false
oath, or affirmation, or any person illegally voting at such
meeting, shall be punished as provided in the general election
laws of the state for illegal voting.
The vote shall be by secret ballot, on white paper of uniform size and quality, of such arrangement that when names
are written thereon, the same may be folded so as not to disclose the names. The elector shall write the names of three
persons that he desires as the first directors of such district
and shall fold his ballot and hand the same to the chairman of
the meeting who shall deposit it in a ballot box provided for
that purpose. The clerk shall thereupon write the name of
such person on a list as having voted at such election. After
all persons present and entitled to vote have voted, the chairman shall declare the election closed, and shall, with the
assistance of the clerk and the other person appointed as
assistant, proceed to count the ballots. The person receiving
the greatest number of votes shall be elected as director for a
term ending three years from the first Monday in March following his election; the person receiving the second greatest
number of votes shall be elected for a term ending two years
from the first Monday in March following his election, and
the person receiving the third greatest number of votes shall
be elected for a term ending one year from the first Monday
of March following his election.
Annually thereafter, there shall be held a meeting of the
electors of such district on the last Monday in February,
except that the directors may, by giving the same notice as is
required for the initial meeting, fix an earlier time for the
annual meeting on any nonholiday during the months of
December, January or February. At such meeting one director shall be elected to succeed the director whose term will
expire on the first Monday in March following. The directors
shall call the annual meeting, and shall fix the time and place
where the same shall be held and shall give the same notice
thereof as provided for the initial meeting. The annual meeting shall be conducted in the same manner as is provided for
the initial meeting, and the qualifications of electors at such
annual meeting shall be the same as is required for the initial
meeting. In conducting directors’ elections, the chairman
may accept nominations from the floor but voting shall not be
limited to those nominated.
All directors shall hold office for the term for which they
are elected, and until their successors are elected and qualified. In case of a vacancy occurring in the office of any director, the county commissioners of the county in which such
district is located shall appoint a qualified person to fill the
vacancy for the unexpired term. The board of directors shall
elect one of its members chairman and may appoint a secretary who need not be a member of the board, and who shall be
paid such compensation as the board may determine. Each
director shall furnish a bond in the sum of one thousand dollars, which may be a surety company bond or property bond
(2010 Ed.)
Weed Districts
approved by the board of county commissioners, which bond
shall be filed with the county commissioners and shall be
conditioned for the faithful discharge of his duties. The cost
of such bond shall be paid by the district the same as other
expenses of the district. At any annual meeting the method
for destroying, preventing and exterminating weeds of such
district as set forth in the petition, and the rules and regulations adopted by such district, may be changed by a majority
vote of the qualified electors present at such meeting, or a
special meeting may be called for that purpose, notice of
which meeting and of such proposed changes to be voted on,
shall be given to all landowners residing within the district by
mailing a copy of such notice and of such proposed changes
to the address of such landowner at least one week before the
date fixed for such special meeting. The qualified electors of
any weed district, at any annual meeting, may make other
weeds that are not on the petition subject to control by the
weed district by a two-thirds vote of the electors present:
PROVIDED, That said weeds have been classified by the
agricultural experiment station of Washington State University as noxious and: PROVIDED FURTHER, That the directors of the weed district give public notice in the manner
required for initial meetings of the proposed new control of
said weeds by the weed district. [1971 ex.s. c 292 § 15; 1961
c 250 § 2; 1929 c 125 § 4; RRS § 2774-1. Formerly RCW
17.04.070 through 17.04.140.]
Elections: Chapter 29A.84 RCW.
Additional notes found at www.leg.wa.gov
17.04.150 Powers—Weed inspector. The board of
directors of such weed district shall have power:
(1) To adopt rules and regulations, plans, methods and
means for the purpose of destroying, preventing and exterminating the weed or weeds specified in the petition, and to
supervise, carry out and enforce such rules, regulations,
plans, methods and means.
(2) To appoint a weed inspector and to require from him
a bond in such sum as the directors may determine for the
faithful discharge of his duties, and to pay the cost of such
bond from the funds of such district; and to direct such weed
inspector in the discharge of his duties; and to pay such weed
inspector from the funds of such district such per diem or salary for the time employed in the discharge of his duties as the
directors shall determine. [1961 c 250 § 3; 1929 c 125 § 9;
RRS § 2778-1. Prior: 1921 c 150 § 6.]
17.04.150
17.04.160 Contiguous lands. Any city or town contiguous to or surrounded by a weed district formed under this
chapter shall provide for the destruction, prevention and
extermination of all weeds specified in the petition which are
within the boundaries of such city or town, in the same manner and to the same extent as is provided for in such surrounding or contiguous weed district; and it shall be the duty of
those in charge of school grounds, playgrounds, cemeteries,
parks, or any lands of a public or quasi public nature when
such lands shall be contiguous to, or within any weed district,
to see that all weeds specified in the petition for the creation
of such district are destroyed, prevented and exterminated in
accordance with the rules and requirements of such district.
[1929 c 125 § 6; RRS § 2775-1.]
17.04.160
(2010 Ed.)
17.04.190
Destruction of weeds, etc., city ordinance: RCW 35.21.310.
17.04.170 Indian reservation lands—United States
lands. Any lands owned by any individual wholly or partly
within the United States government Indian reservation may
be included within a weed district formed under this chapter,
and shall be subject to the same rules, regulations and taxes as
other lands within the district; and the board of directors of
any weed district are authorized to arrange with the officer or
agent in charge of any United States lands, within or contiguous to any such district, for the destruction, prevention and
extermination of weeds on such government lands. [1929 c
125 § 7; RRS § 2775-2.]
17.04.170
17.04.180 County and state lands. Whenever any
lands belonging to the county are included within a weed district, the county legislative authority shall determine the
amount of the taxes for which the lands would be liable if
they were in private ownership, and the county legislative
authority shall appropriate from the current expense fund of
the county sufficient money to pay such amounts. Whenever
any state lands are within any weed district, the county treasurer shall certify annually and forward to the appropriate
state agency for payment a statement showing the amount of
the tax to which the lands would be liable if they were in private ownership, separately describing each lot or parcel and,
if delinquent, with interest and penalties consistent with
RCW 84.56.020. [1991 c 245 § 1; 1984 c 7 § 18; 1971 ex.s.
c 119 § 1; 1961 c 250 § 4; 1929 c 125 § 8; RRS § 2777. Prior:
1921 c 150 § 7.]
17.04.180
Additional notes found at www.leg.wa.gov
17.04.190 Duties of weed inspector. It shall be the
duty of the weed inspector to carry out the directions of the
board of directors and to see that the rules and regulations
adopted by the board are carried out. He shall personally
deliver or mail to each resident landowner within such district and to any lessee or person in charge of any land within
such district and residing in such district, a copy of the rules
and regulations of such district; and he shall personally
deliver a copy thereof to nonresident landowners or shall
deposit a copy of the same in the United States post office in
an envelope with postage prepaid thereon addressed to the
last known address of such person as shown by the records of
the county auditor; and in event no such address is available
for mailing he shall post a copy of such rules and regulations
in a conspicuous place upon such land. A record shall be kept
by the weed inspector of such dates of mailing, posting or
delivering such rules and regulations. In case of any railroad
such rules and regulations shall be delivered to the section
foreman, or to any official of the railroad having offices
within the state. Such rules and regulations must be delivered, posted or mailed by the weed inspector as herein provided at least ten days before the time to start any annual
operations necessary to comply with such rules and regulations: PROVIDED, That after such district shall have been in
operation two years such rules and regulations shall be delivered to resident landowners only once every three years,
unless such rules and regulations are changed. [1961 c 250 §
5; 1929 c 125 § 10; RRS § 2778-2.]
17.04.190
[Title 17 RCW—page 3]
17.04.200
Title 17 RCW: Weeds, Rodents, and Pests
17.04.200
17.04.200 Violation of rules and regulations—Notice
to destroy weeds—Destruction. (1) If the weed inspector,
or the board of directors, shall find that the rules and regulations of the weed district are not being carried out on any one
or more parcels of land within such district, the weed inspector shall give forthwith a notice in writing, on a form to be
prescribed by the directors, to the owners, tenants, mortgagees, and occupants, or to the accredited resident agent of any
nonresident owner of such lands within the district whereon
noxious weeds are standing, being or growing and in danger
of going to seed, requiring him to cause the same to be cut
down, otherwise destroyed or eradicated on such lands in the
manner and within the time specified in the notice, such time,
however, not to exceed seven days. It shall be the duty of the
county auditor and county treasurer to make available to the
weed inspector lists of owners, tenants, and mortgagees of
lands within such district;
(2) If a resident agent of any nonresident owner of lands
where noxious weeds are found standing, being or growing
cannot be found, the local weed inspector shall post said
notice in the form provided by the directors in three conspicuous places on said land, and in addition to posting said
notice the local weed inspector shall, at the same time mail a
copy thereof by registered or certified mail with return receipt
requested to the owner of such nonresident lands, if his post
office address is known or can be ascertained by said inspector from the last tax list in the county treasurer’s office, and it
shall be the duty of the treasurer to furnish such lists upon
request by the weed inspector. Proof of such serving, posting
and mailing of notice by the weed inspector shall be made by
affidavit forthwith filed in the office of the county auditor and
it shall be the duty of the county auditor to accept and file
such affidavits;
(3) If the weeds are not cut down, otherwise destroyed or
eradicated within the time specified in said notice, the local
weed inspector shall personally, or with such help as he may
require, cause the same to be cut down or otherwise
destroyed in the manner specified in said notice. [1961 c 250
§ 6; 1937 c 193 § 2; 1929 c 125 § 11; RRS § 2778-3. Prior:
1921 c 150 § 9, part.]
17.04.210
17.04.210 Statement of expense—Hearing. The weed
inspector shall keep an accurate account of expenses incurred
by him in carrying out the provisions of this chapter with
respect to each parcel of land entered upon, and the prosecuting attorney of the county or the attorney for the weed district
shall cause to be served, mailed or posted in the same manner
as provided in this chapter for giving notice to destroy noxious weeds, a statement of such expenses, including description of the land, verified by oath of the weed inspector to the
owner, lessee, mortgagee, occupant or agent, or person having charge of said land, and coupled with such statement shall
be a notice subscribed by said prosecuting attorney or attorney for the weed district and naming a time and place when
and where such matter will be brought before the board of
directors of such district for hearing and determination, said
statement or notice to be served, mailed or posted, as the case
may be, at least ten days before the time for such hearing.
[1961 c 250 § 7; 1929 c 125 § 12; RRS § 2778-4.]
[Title 17 RCW—page 4]
17.04.220 Examination at hearing of expenses—
Amount is tax on land—Effect of failure to serve notices.
At the time of such hearing as provided in RCW 17.04.210,
or at such time to which the same may be continued or
adjourned, the board of directors shall proceed to examine
expenses incurred by the weed inspector in controlling weeds
on the parcel of land in question, and shall hear such testimony of such other persons who may have legal interest in
the proceedings, and shall enter an order upon its minutes as
to what amount, if any, is properly chargeable against the
lands for weed control. Cost of serving, mailing and posting
shall be added to any amount so found to be due and shall be
considered part of the cost of weed control on the land in
question. The amount so charged by the directors shall be a
tax on the land on which said work was done after the expiration of ten days from the date of entry of said order, unless an
appeal be taken as in this chapter provided, in which event the
same shall become a tax at the time the amount to be paid
shall be determined by the court; and the county treasurer
shall enter the same on the tax rolls against the land for the
current year and collect it, together with penalty and interest,
as other taxes are collected, and when so collected the same
shall be paid into the fund for such weed district: PROVIDED, That a failure to serve, mail or post any of the
notices or statements provided for in this chapter, shall not
invalidate said tax, but in case of such failure the lien of such
tax shall be subordinate and inferior to the interests of any
mortgagee to whom notice has not been given in accordance
with the provisions of this chapter. [1961 c 250 § 8; 1929 c
125 § 13; RRS § 2778-5. Prior: 1921 c 150 § 5. FORMER
PART OF SECTION: 1925 c 125 § 14 now codified in RCW
17.04.230.]
17.04.220
17.04.230 Appellate review—Notice—Cost bond.
Any interested party may appeal from the decision and order
of the board of directors of such district to the superior court
of the county in which such district is located, by serving
written notice of appeal on the chairman of the board of
directors and by filing in the office of the clerk of the superior
court a copy of said notice of appeal with proof of service
attached, together with a good and sufficient cost bond in the
sum of two hundred dollars, said cost bond to run to such district and in all respects to comply with the laws relating to
cost bonds required of nonresident plaintiffs in the superior
court. Said notice must be served and filed within ten days
from the date of the decision and order of such board of directors, and said bond must be filed within five days after the filing of such notice of appeal. Whenever notice of appeal and
the cost bond as herein provided shall have been filed with
the clerk of the superior court, the clerk shall notify the board
of directors of such district thereof, and such board shall
forthwith certify to said court all notices and records in said
matters, together with proof of service, and a true copy of the
order and decision pertaining thereto made by such board. If
no appeal be perfected within ten days from the decision and
order of such board, the same shall be deemed confirmed and
the board shall certify the amount of such charges to the
county treasurer who shall enter the same on the tax rolls
against the land. When an appeal is perfected the matter shall
be heard in the superior court de novo and the court’s decision shall be conclusive on all persons served under this
17.04.230
(2010 Ed.)
Intercounty Weed Districts
chapter: PROVIDED, That appellate review of the order or
decision of the superior court in the manner provided by
existing laws, and upon the conclusion of such review, the
amount of charges and costs adjudged to be paid shall be certified by the clerk of the superior court to the county treasurer
and said treasurer shall proceed to enter the same on his rolls
against the lands affected. [1988 c 202 § 21; 1971 c 81 § 56;
1929 c 125 § 14; RRS § 2778-6. Formerly RCW 17.04.220,
part, and 17.04.230.]
Appeals to supreme court: Rules of court: See Rules of Appellate Procedure.
Cost bonds, civil procedure: RCW 4.84.210 through 4.84.240.
Additional notes found at www.leg.wa.gov
17.04.240 Assessments—Classification of property—
Tax levy. The directors shall annually determine the amount
of money necessary to carry on the operations of the district
and shall classify the property therein in proportion to the
benefits to be derived from the operations of the district and
in accordance with such classification shall prorate the cost
so determined and shall levy assessments to be collected with
the general taxes of the county. In the event that any bonded
or warrant indebtedness pledging tax revenue of the district
shall be outstanding on April 1, 1951, the directors may, for
the sole purpose of retiring such indebtedness, continue to
levy a tax upon all taxable property in the district until such
bonded or warrant indebtedness shall have been retired.
[1957 c 13 § 2. Prior: 1951 c 107 § 1; 1929 c 125 § 5, part;
RRS § 2774-2.]
17.04.240
Additional notes found at www.leg.wa.gov
17.04.245 Assessment—Tax roll—Collection. Such
assessments as are made under the provisions of RCW
17.04.240, by the weed district commissioners, shall be
spread by the county assessor on the general tax roll in a separate item. Such assessments shall be collected and accounted
for with the general taxes, with the terms and penalties
thereto attached. [1951 1st ex.s. c 6 § 1.]
17.04.245
17.04.250 District treasurer—Duties—Fund. The
county treasurer shall be ex officio treasurer of such district
and the county assessor and other county officers shall take
notice of the formation of such district and of the tax levy and
shall extend the tax on the tax roll against the property liable
therefor the same as other taxes are extended, and such tax
shall become a general tax against such property, and shall be
collected and accounted for as other taxes, with the terms and
penalties thereto attached. The moneys collected from such
tax shall be paid into a fund to be known as "fund of weed
district . . . . . . of . . . . . . county" (giving the number of district and name of county). All expenses in connection with
the operation of such district, including the expenses of initial
and annual meetings, shall be paid from such fund, upon
vouchers approved by the board of directors of such district.
[1957 c 13 § 3. Prior: 1929 c 125 § 5, part; 1921 c 150 § 5;
RRS § 2775.]
17.04.250
17.04.260 Limit of indebtedness. No weed district
shall contract any obligation in any year in excess of the total
of the funds which will be available during the current year
17.04.260
(2010 Ed.)
17.06.010
from the tax levy made in the preceding year and funds
received in the current year from services rendered and from
any other lawful source, and funds accumulated from previous years. [1963 c 52 § 1; 1961 c 250 § 9; 1957 c 13 § 4.
Prior: 1929 c 125 § 5, part; 1921 c 150 § 8; RRS § 2778.]
17.04.270 Districts organized under prior law—
Reorganization. Any weed district heretofore organized
under any law of the state of Washington may become a weed
district under the provisions of this chapter and entitled to
exercise all the powers and subject to the limitations of a
weed district organized under this chapter by the election of
three directors for such weed district which shall be done in
the same manner as is provided in this chapter for the election
of the first directors of a district organized under this chapter.
[1929 c 125 § 15; RRS § 2778-7.]
17.04.270
17.04.280 Officials of district may enter lands—Penalty for prevention. All weed district directors, all weed
inspectors, and all official agents of all weed districts, in the
performance of their official duties, have the right to enter
and go upon any of the lands within their weed district at any
reasonable time for any reason necessary to effectuate the
purposes of the weed district. Any person who prevents or
threatens to prevent any lawful agent of the weed district,
after said agent identifies himself and the purpose for which
he is going upon the land, from entering or going upon the
land within said weed district at a reasonable time and for a
lawful purpose of the weed district, is guilty of a misdemeanor. [1961 c 250 § 10.]
17.04.280
17.04.900 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
17.04.900
17.04.910 Continuation or dissolution of district—
Noxious weed control boards. See RCW 17.10.900.
17.04.910
Chapter 17.06
Chapter 17.06 RCW
INTERCOUNTY WEED DISTRICTS
Sections
17.06.010
17.06.020
17.06.030
17.06.040
17.06.050
17.06.060
17.06.070
17.06.900
Definitions.
Intercounty weed districts authorized.
Petition for formation—Notice of hearing.
Hearing—Boundaries—Order of establishment.
Meetings—Qualifications of electors and directors—Elections—Officers—Bonds—Terms—Rules.
Directors powers and duties—Taxation—Treasurer—Costs.
Actions of county officers—Costs.
Continuation or dissolution of district—Noxious weed control
boards.
Special purpose districts, expenditures to recruit job candidates: RCW
42.24.170.
17.06.010 Definitions. As used in this chapter, unless
the context indicates otherwise, "principal board of county
commissioners", "principal county treasurer", and "principal
county auditor" mean respectively those in the county of that
part of the proposed intercounty weed district in which the
greatest amount of acreage is located. [1959 c 205 § 1.]
17.06.010
[Title 17 RCW—page 5]
17.06.020
Title 17 RCW: Weeds, Rodents, and Pests
17.06.020
17.06.020 Intercounty weed districts authorized. An
intercounty weed district, including all or any part of two
counties or more, may be created for the purposes set forth in
RCW 17.04.010 by the joint action of the boards of county
commissioners of the counties in which any portion of the
proposed district is located. [1959 c 205 § 2.]
"weed district No. . . . .", inserting in the blank the number of
the district.
If any county represented does not by a majority vote of
its board of commissioners support the petition for an intercounty district, the petition shall be dismissed. [1959 c 205 §
4.]
17.06.050 Meetings—Qualifications of electors and
directors—Elections—Officers—Bonds—Terms—Rules.
If the respective boards of county commissioners establish
such district the chairman of the principal board shall call a
special meeting of landowners to be held within such district
for the purpose of electing three directors for such district. No
person shall be eligible to hold the office of director who is
not a qualified elector of the state of Washington and a resident and landowner within such district. Such meeting shall
be held not less than thirty nor more than ninety days from the
date when such district is established.
Notice of such meeting shall be given by the principal
county auditor by publication once a week for three successive weeks in a newspaper of general circulation in such district, and by posting such notice for not less than ten days
before the date fixed for such meeting in three public places
within the boundaries of such district. The notices shall state
the object of the meeting and the time and place when the
same shall be held.
At the time and place fixed for the meeting the chairman
shall appoint two persons to assist him in conducting the election, one of whom shall act as clerk. If such chairman be not
present the electors of such district then present shall elect a
chairman of the meeting.
Every person who is a landowner within such district and
a qualified elector of the state of Washington shall be entitled
to vote at such meeting. Any person offering to vote may be
challenged by any legally qualified elector of such district,
and the chairman of such meeting shall thereupon administer
to the person challenged an oath in substance as follows:
"You do swear (or affirm) that you are a citizen of the United
States and a qualified elector of the state of Washington and
an owner of land within the boundaries of weed district No.
. . . . (giving number of district)." If the challenged person
shall take such oath or make such affirmation, he shall be
entitled to vote; otherwise his vote shall not be received. Any
person making a false oath, or affirmation, or any person illegally voting at such meeting, shall be punished as provided in
the general election laws of the state for illegal voting.
The vote shall be by secret ballot, on white paper of uniform size and quality, of such arrangement that when names
are written thereon, the same may be folded so as not to disclose the names. The elector shall write the names of three
persons that he desires as the first directors of such district
and shall fold his ballot and hand the same to the chairman of
the meeting who shall deposit it in a ballot box provided for
that purpose. The clerk shall thereupon write the name of
such person on a list as having voted at such election. After
all persons present and entitled to vote have voted, the chairman shall declare the election closed, and shall, with the
assistance of the clerk and the other person appointed as
assistant, proceed to count the ballots. The person receiving
the greatest number of votes shall be elected as director for a
term ending three years from the first Monday in March fol17.06.050
17.06.030
17.06.030 Petition for formation—Notice of hearing.
Any one or more freeholders owning more than fifty percent
of the acreage desired to be included within the proposed
intercounty weed district may file a petition with the principal board of county commissioners praying that their land be
included, either separately or with other lands included in the
petition, in a weed district to be formed for the purpose of
destroying, preventing or exterminating any one or all such
weeds, or that such lands be included within a district already
formed, or a new district or districts to be formed out of any
district or districts then existing. Such petition shall state the
boundaries of the proposed district, the approximate number
of acres in the proposed district, the particular weed or weeds
to be destroyed, prevented or exterminated, the general
method or means to be used in such work, and shall contain a
list of all known landowners within the proposed district,
together with the addresses of such landowners. Upon the filing of such petition the principal board of county commissioners shall notify the other boards of commissioners, shall
arrange a time for a joint hearing on the petition, and shall
give at least thirty days’ notice of the time and place of such
hearing by posting copies of such notice in three conspicuous
places within the proposed district, and at the main entrance
to the court house of each county, and by mailing a copy of
such notice to each of the landowners named in the petition at
the address named therein. If any of the land described in the
petition be owned by the state a copy thereof shall be mailed
to the department of natural resources at Olympia. [1988 c
128 § 5; 1959 c 205 § 3.]
17.06.040
17.06.040 Hearing—Boundaries—Order of establishment. At the time and place fixed for such hearing, with
the chairman of the principal board acting as chairman, the
respective boards shall determine by a majority vote of each
of the boards of county commissioners of the counties
whether such intercounty weed district shall be created, and if
they determine that such district shall be created, the respective boards shall fix the boundaries of the portion of the proposed district within their respective counties, but they shall
not modify the purposes of the petition with respect to the
weed or weeds to be destroyed, prevented and exterminated
as set forth in the petition, and they shall not enlarge the
boundary of the proposed district, or enlarge or change the
boundary or boundaries of any district or districts already
formed without first giving notice, as provided in RCW
17.06.030, to all landowners interested. If the respective bodies shall determine that the weed district petitioned for shall
be created each such board shall thereupon enter an order
establishing and defining the boundary lines of the proposed
district within its respective county. A number shall be
assigned to such weed district which shall be the lowest number not already taken or adopted by an intercounty weed district in the state, and thereafter such district shall be known as
[Title 17 RCW—page 6]
(2010 Ed.)
Noxious Weeds—Control Boards
lowing his election; the person receiving the second greatest
number of votes shall be elected for a term ending two years
from the first Monday in March following his election, and
the person receiving the third greatest number of votes shall
be elected for a term ending one year from the first day of
March following his election.
Annually thereafter, there shall be held a meeting of the
electors of such district on the first Monday in February. At
such meeting one director shall be elected to succeed the
director whose term will expire on the first Monday in March
following. The directors shall call the annual meeting, and
shall fix the time when and place where the same shall be
held and shall give the same notice thereof as provided for the
initial meeting. The annual meeting shall be conducted in the
same manner as is provided for the initial meeting, and the
qualifications of electors at such annual meeting shall be the
same as is required for the initial meeting.
All directors shall hold office for the term for which they
are elected, and until their successors are elected and qualified. In case of a vacancy occurring in the office of any director, the remaining members of the board of directors shall
appoint a qualified person to fill the vacancy for the unexpired term. The board of directors shall elect one of its members chairman and may appoint a secretary who need not be a
member of the board, and who shall be paid such compensation as the board may determine. Each director shall furnish a
bond in the sum of one thousand dollars, which may be a
surety company bond or property bond approved by the principal board of county commissioners, which bond shall be
filed with the same board and shall be conditioned for the
faithful discharge of his duties. The cost of such bond shall be
paid by the district the same as other expenses of the district.
At any annual meeting the method for destroying, preventing and exterminating weeds of such district as set forth
in the petition, and the rules and regulations adopted by such
district, may be changed by a majority vote of the qualified
electors present at such meeting, or a special meeting may be
called for that purpose, notice of which meeting and of such
proposed changes to be voted on, shall be given to all landowners residing within the district by mailing a copy of such
notice and of such proposed changes to the address of such
landowner at least one week before the date fixed for such
special meeting. [1971 ex.s. c 292 § 16; 1959 c 205 § 5.]
Additional notes found at www.leg.wa.gov
17.06.060
17.06.060 Directors powers and duties—Taxation—
Treasurer—Costs. The board of directors of an intercounty
weed district shall have the same powers and duties as the
board of directors of a weed district located entirely within
one county, and all the provisions of chapter 17.04 RCW are
hereby made applicable to intercounty weed districts: PROVIDED, That in the case of evaluation, assessment, collection, apportionment, and any other allied power or duty relating to taxes in connection with the district, the action shall be
performed by the officer or board of the county for that area
of the district which is located within his respective county,
and all materials, information, and other data and all moneys
collected shall be submitted to the proper officer of the
county of that part of the district in which the greatest amount
of acreage is located. Any power which may be or duty which
(2010 Ed.)
Chapter 17.10
shall be performed in connection therewith shall be performed by the officer or board receiving such as though only
a district in a single county were concerned. All moneys collected from such area constituting a part of such district that
should be paid to such district shall be delivered to the principal county treasurer who shall be ex officio treasurer of such
district. All other materials, information, or data relating to
the district shall be submitted to the district board of directors.
Any costs or expenses incurred under this section shall
be borne proportionately by each county involved. [1959 c
205 § 6.]
17.06.070 Actions of county officers—Costs. Whenever any action is required or may be performed by any
county officer or board for all purposes essential to the maintenance, operation, and administration of the district, such
action shall be performed by the respective officer or board of
the county of that part of the district in which the greatest
amount of acreage of the district is located.
All costs incurred shall be borne proportionately by each
county in that ratio which the amount of acreage of the district located in that part of each county forming a part of the
district bears to the total amount of acreage located in the
whole district. [1959 c 205 § 7.]
17.06.070
17.06.900 Continuation or dissolution of district—
Noxious weed control boards. See RCW 17.10.900.
17.06.900
Chapter 17.10 RCW
NOXIOUS WEEDS—CONTROL BOARDS
Chapter 17.10
Sections
17.10.007
17.10.010
17.10.020
17.10.030
17.10.040
17.10.050
17.10.060
17.10.070
17.10.074
17.10.080
17.10.090
17.10.100
17.10.110
17.10.120
17.10.130
17.10.134
17.10.140
17.10.145
17.10.154
17.10.160
17.10.170
17.10.180
17.10.190
Purpose—Construction—1975 1st ex.s. c 13.
Definitions.
County noxious weed control boards—Created—Jurisdiction—Inactive status.
State noxious weed control board—Members—Terms—Elections—Meetings—Reimbursement for travel expenses.
Activation of inactive county noxious weed control board.
Activated county noxious weed control board—Members—
Election—Terms—Meetings—Quorum—Expenses—
Officers—Vacancy.
Activated county noxious weed control board—Weed coordinator—Authority—Rules and regulations.
State noxious weed control board—Powers—Report.
Director—Powers.
State noxious weed list—Hearing—Adoption—Dissemination.
State noxious weed list—Selection of weeds for control by
county board.
Order to county board to include weed from state board’s list
in county’s noxious weed list.
Regional noxious weed control board—Creation.
Regional noxious weed control board—Members—Meetings—Quorum—Officers—Effect on county boards.
Regional noxious weed control board—Powers and duties.
Liability of county and regional noxious weed control boards.
Owner’s duty to control spread of noxious weeds.
State agencies’ duty to control spread of noxious weeds.
Owners’ agreements with county noxious weed control
boards—Terms—Enforcement.
Right of entry—Warrant for noxious weed search—Civil liability—Penalty for preventing entry.
Finding presence of noxious weeds—Notice for failure of
owner to control—Control by county board—Liability of
owner—Lien—Alternative.
Hearing on liability for expense of control—Notice—Review.
Notice and information as to noxious weed control.
[Title 17 RCW—page 7]
17.10.007
17.10.201
17.10.205
17.10.210
17.10.230
17.10.235
17.10.240
17.10.250
17.10.260
17.10.270
17.10.280
17.10.290
17.10.300
17.10.310
17.10.350
17.10.890
17.10.900
17.10.910
Title 17 RCW: Weeds, Rodents, and Pests
Noxious weed control on federal and tribal lands—State and
county cooperation.
Control of noxious weeds in open areas.
Quarantine of land—Order—Expense.
Violations—Penalty.
Selling product, article, or feed containing noxious weed seeds
or toxic weeds—Penalty—Rules—Inspections—Fees.
Special assessments, appropriations for noxious weed control—Assessment rates.
Applications for noxious weed control funds.
Administrative powers to be exercised in conformity with
administrative procedure act—Use of weed control substances subject to other acts.
Noxious weed control boards—Authority to obtain insurance
or surety bonds.
Lien for labor, material, equipment used in controlling noxious
weeds.
Lien for labor, material, equipment used in controlling noxious
weeds—Notice of lien.
Lien for labor, material, equipment used in controlling noxious
weeds—Claim—Filing—Contents.
Notice of infraction—Issuance.
Infraction—Penalty.
Deactivation of county noxious weed control board—Hearing.
Weed districts—Continuation—Dissolution—Transfer of
assessment funds.
Severability—1969 ex.s. c 113.
17.10.007 Purpose—Construction—1975 1st ex.s. c
13. The purpose of this chapter is to limit economic loss and
adverse effects to Washington’s agricultural, natural, and
human resources due to the presence and spread of noxious
weeds on all terrestrial and aquatic areas in the state.
The intent of the legislature is that this chapter be liberally construed, and that the jurisdiction, powers, and duties
granted to the county noxious weed control boards by this
chapter are limited only by specific provisions of this chapter
or other state and federal law. [1997 c 353 § 1; 1975 1st ex.s.
c 13 § 17. Formerly RCW 17.10.905.]
17.10.007
17.10.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise:
(1) "Noxious weed" means a plant that when established
is highly destructive, competitive, or difficult to control by
cultural or chemical practices.
(2) "State noxious weed list" means a list of noxious
weeds adopted by the state noxious weed control board. The
list is divided into three classes:
(a) Class A consists of those noxious weeds not native to
the state that are of limited distribution or are unrecorded in
the state and that pose a serious threat to the state;
(b) Class B consists of those noxious weeds not native to
the state that are of limited distribution or are unrecorded in a
region of the state and that pose a serious threat to that region;
(c) Class C consists of any other noxious weeds.
(3) "Person" means any individual, partnership, corporation, firm, the state or any department, agency, or subdivision
thereof, or any other entity.
(4) "Owner" means the person in actual control of property, or his or her agent, whether the control is based on legal
or equitable title or on any other interest entitling the holder
to possession and, for purposes of liability, pursuant to RCW
17.10.170 or 17.10.210, means the possessor of legal or equitable title or the possessor of an easement: PROVIDED, That
when the possessor of an easement has the right to control or
limit the growth of vegetation within the boundaries of an
easement, only the possessor of the easement is deemed, for
17.10.010
[Title 17 RCW—page 8]
the purpose of this chapter, an "owner" of the property within
the boundaries of the easement.
(5) As pertains to the duty of an owner, the words "control", "contain", "eradicate", and the term "prevent the spread
of noxious weeds" means conforming to the standards of
noxious weed control or prevention in this chapter or as
adopted by rule in chapter 16-750 WAC by the state noxious
weed control board and an activated county noxious weed
control board.
(6) "Agent" means any occupant or any other person acting for the owner and working or in charge of the land.
(7) "Agricultural purposes" are those that are intended to
provide for the growth and harvest of food and fiber.
(8) "Director" means the director of the department of
agriculture or the director’s appointed representative.
(9) "Weed district" means a weed district as defined in
chapters 17.04 and 17.06 RCW.
(10) "Aquatic noxious weed" means an aquatic plant
species that is listed on the state weed list under RCW
17.10.080.
(11) "Screenings" means a mixture of mill or elevator
run mixture or a combination of varying amounts of materials
obtained in the process of cleaning either grain or seeds, or
both, such as light or broken grain or seed, weed seeds, hulls,
chaff, joints, straw, elevator dust, floor sweepings, sand, and
dirt. [1997 c 353 § 2; 1995 c 255 § 6; 1987 c 438 § 1; 1975
1st ex.s. c 13 § 1; 1969 ex.s. c 113 § 1.]
Additional notes found at www.leg.wa.gov
17.10.020 County noxious weed control boards—
Created—Jurisdiction—Inactive status. (1) In each
county of the state there is created a noxious weed control
board, bearing the name of the county within which it is
located. The jurisdictional boundaries of each board are the
boundaries of the county within which it is located.
(2) Each noxious weed control board is inactive until
activated pursuant to the provisions of RCW 17.10.040.
[1997 c 353 § 3; 1969 ex.s. c 113 § 2.]
17.10.020
17.10.030 State noxious weed control board—Members—Terms—Elections—Meetings—Reimbursement
for travel expenses. There is created a state noxious weed
control board comprised of nine voting members and three
nonvoting members. Four of the voting members shall be
elected by the members of the various activated county noxious weed control boards, and shall be residents of a county
in which a county noxious weed control board has been activated and a member of said board, and those qualifications
shall continue through their term of office. Two of these
members shall be elected from the west side of the state, the
crest of the Cascades being the dividing line, and two from
the east side of the state. The director of agriculture is a voting member of the board. One voting member shall be elected
by the directors of the various active weed districts formed
under chapter 17.04 or 17.06 RCW. The Washington state
association of counties appoints one voting member who
shall be a member of a county legislative authority. The
director shall appoint two voting members to represent the
public interest, one from the west side and one from the east
side of the state. The director shall also appoint three nonvot17.10.030
(2010 Ed.)
Noxious Weeds—Control Boards
ing members representing scientific disciplines relating to
weed control. The term of office for all members of the board
is three years from the date of election or appointment.
The board, by rule, shall establish a position number for
each elected position of the board and shall designate which
county noxious weed control board members are eligible to
vote for each elected position. The elected members serve
staggered terms. Elections for the elected members of the
board shall be held thirty days prior to the expiration date of
their respective terms. Nominations and elections shall be by
mail and conducted by the board.
The board shall conduct its first meeting within thirty
days after all its members have been elected. The board shall
elect from its members a chair and other officers as may be
necessary. A majority of the voting members of the board
constitutes a quorum for the transaction of business and is
necessary for any action taken by the board. The members of
the board serve without salary, but shall be reimbursed for
travel expenses incurred in the performance of their duties
under this chapter in accordance with RCW 43.03.050 and
43.03.060. [1997 c 353 § 4; 1987 c 438 § 2; 1975-’76 2nd
ex.s. c 34 § 23; 1969 ex.s. c 113 § 3.]
Additional notes found at www.leg.wa.gov
17.10.040 Activation of inactive county noxious weed
control board. An inactive county noxious weed control
board may be activated by any one of the following methods:
(1) Either within sixty days after a petition is filed by one
hundred registered voters within the county or, on its own
motion, the county legislative authority shall hold a hearing
to determine whether there is a need, due to a damaging infestation of noxious weeds, to activate the county noxious weed
control board. If such a need is found to exist, then the county
legislative authority shall, in the manner provided by RCW
17.10.050, appoint five persons to the county’s noxious weed
control board.
(2) If the county’s noxious weed control board is not
activated within one year following a hearing by the county
legislative authority to determine the need for activation, then
upon the filing with the state noxious weed control board of a
petition comprised either of the signatures of at least two hundred registered voters within the county, or of the signatures
of a majority of an adjacent county’s noxious weed control
board, the state board shall, within six months of the date of
the filing, hold a hearing in the county to determine the need
for activation. If a need for activation is found to exist, then
the state board shall order the county legislative authority to
activate the county’s noxious weed control board and to
appoint members to the board in the manner provided by
RCW 17.10.050.
(3) The director, upon request of the state noxious weed
control board, shall order a county legislative authority to
activate the noxious weed control board immediately if an
infestation of a class A noxious weed or class B noxious
weed designated for control on the state noxious weed list is
confirmed in that county. The county legislative authority
may, as an alternative to activating the noxious weed board,
combat the class A noxious weed or class B noxious weed
with county resources and personnel operating with the
authorities and responsibilities imposed by this chapter on a
17.10.040
(2010 Ed.)
17.10.050
county noxious weed control board. No county may continue
without a noxious weed control board for a second consecutive year if the class A noxious weed or class B noxious weed
has not been eradicated. [1997 c 353 § 5; 1987 c 438 § 3;
1975 1st ex.s. c 13 § 2; 1969 ex.s. c 113 § 4.]
17.10.050
17.10.050 Activated county noxious weed control
board—Members—Election—Terms—Meetings—Quorum—Expenses—Officers—Vacancy. (1) Each activated
county noxious weed control board consists of five voting
members appointed by the county legislative authority. In
appointing the voting members, the county legislative authority shall divide the county into five geographical areas that
best represent the county’s interests, and appoint a voting
member from each geographical area. At least four of the voting members shall be engaged in the primary production of
agricultural products. There is one nonvoting member on the
board who is the chair of the county extension office or an
extension agent appointed by the chair of the county extension office. Each voting member of the board serves a term of
four years, except that the county legislative authority shall,
when a board is first activated under this chapter, designate
two voting members to serve terms of two years. The board
members shall not receive a salary but shall be compensated
for actual and necessary expenses incurred in the performance of their official duties.
(2) The voting members of the board serve until their
replacements are appointed. New members of the board shall
be appointed at least thirty days prior to the expiration of any
board member’s term of office.
Notice of expiration of a term of office shall be published at least twice in a weekly or daily newspaper of general
circulation in the section [geographical area] with last publication occurring at least ten days prior to the nomination. All
persons interested in appointment to the board and residing in
the geographical area with a pending nomination shall make
a written application that includes the signatures of at least
ten registered voters residing in the geographical area supporting the nomination to the county noxious weed control
board. After nominations close, the county noxious weed
control board shall, after a hearing, send the applications to
the county legislative authority recommending the names of
the most qualified candidates, and post the names of those
nominees in the county courthouse and publish in at least one
newspaper of general circulation in the county. The county
legislative authority, within ten days of receiving the list of
nominees, shall appoint one of those nominees to the county
noxious weed control board to represent that geographical
area during that term of office.
(3) Within thirty days after all the members have been
appointed, the board shall conduct its first meeting. A majority of the voting members of the board constitutes a quorum
for the transaction of business and is necessary for any action
taken by the board. The board shall elect from its members a
chair and other officers as may be necessary.
(4) In case of a vacancy occurring in any voting position
on a county noxious weed control board, the county legislative authority of the county in which the board is located shall
appoint a qualified person to fill the vacancy for the unexpired term. [1997 c 353 § 6; 1987 c 438 § 4; 1980 c 95 § 1;
[Title 17 RCW—page 9]
17.10.060
Title 17 RCW: Weeds, Rodents, and Pests
1977 ex.s. c 26 § 6; 1975 1st ex.s. c 13 § 3; 1974 ex.s. c 143
§ 1; 1969 ex.s. c 113 § 5.]
17.10.060
17.10.060 Activated county noxious weed control
board—Weed coordinator—Authority—Rules and regulations. (1) Each activated county noxious weed control
board shall employ or otherwise provide a weed coordinator
whose duties are fixed by the board but which shall include
inspecting land to determine the presence of noxious weeds,
offering technical assistance and education, and developing a
program to achieve compliance with the weed law. The weed
coordinator may be employed full time, part time, or seasonally by the county noxious weed control board. County weed
board employment practices shall comply with county personnel policies. Within sixty days from initial employment
the weed coordinator shall obtain a pest control consultant
license, a pesticide operator license, and the necessary
endorsements on the licenses as required by law. Each board
may purchase, rent, or lease equipment, facilities, or products
and may hire additional persons as it deems necessary for the
administration of the county’s noxious weed control program.
(2) Each activated county noxious weed control board
has the power to adopt rules and regulations, subject to notice
and hearing as provided in chapters 42.30 and 42.32 RCW, as
are necessary for an effective county weed control or eradication program.
(3) Each activated county noxious weed control board
shall meet with a quorum at least quarterly. [1997 c 353 § 7;
1987 c 438 § 5; 1969 ex.s. c 113 § 6.]
17.10.070
17.10.070 State noxious weed control board—Powers—Report. (1) In addition to the powers conferred on the
state noxious weed control board under other provisions of
this chapter, it has the power to:
(a) Employ a state noxious weed control board executive
secretary, and additional persons as it deems necessary, to
disseminate information relating to noxious weeds to county
noxious weed control boards and weed districts, to coordinate
the educational and weed control efforts of the various
county and regional noxious weed control boards and weed
districts, and to assist the board in carrying out its responsibilities;
(b) Adopt, amend, or repeal rules, pursuant to the administrative procedure act, chapter 34.05 RCW, as may be necessary to carry out the duties and authorities assigned to the
board by this chapter.
(2) The state noxious weed control board shall provide a
written report before January 1st of each odd-numbered year
to the county noxious weed control boards and the weed districts showing the expenditure of state funds on noxious weed
control; specifically how the funds were spent; the status of
the state, county, and district programs; and recommendations for the continued best use of state funds for noxious
weed control. The report shall include recommendations as to
the long-term needs regarding weed control. [1998 c 245 § 3;
1997 c 353 § 8; 1987 c 438 § 6; 1975 1st ex.s. c 13 § 4; 1969
ex.s. c 113 § 7.]
[Title 17 RCW—page 10]
17.10.074 Director—Powers. (1) In addition to the
powers conferred on the director under other provisions of
this chapter, the director, with the advice of the state noxious
weed control board, has power to:
(a) Require the county legislative authority or the noxious weed control board of any county or any weed district to
report to it concerning the presence, absence, or estimated
amount of noxious weeds and measures, if any, taken or
planned for the control thereof;
(b) Employ staff as may be necessary in the administration of this chapter;
(c) Adopt, amend, or repeal rules, pursuant to the administrative procedure act, chapter 34.05 RCW, as may be necessary to carry out this chapter;
(d) Do such things as may be necessary and incidental to
the administration of its functions pursuant to this chapter
including but not limited to surveying for and detecting noxious weed infestations;
(e) Upon receipt of a complaint signed by a majority of
the members of an adjacent county noxious weed control
board or weed district, or by one hundred registered voters
that are land owners within the county, require the county
legislative authority or noxious weed control board of the
county or weed district that is the subject of the complaint to
respond to the complaint within forty-five days with a plan
for the control of the noxious weeds cited in the complaint;
(f) If the complaint in (e) of this subsection involves a
class A or class B noxious weed, order the county legislative
authority, noxious weed control board, or weed district to
take immediate action to eradicate or control the noxious
weed infestation. If the county or the weed district does not
take action to control the noxious weed infestation in accordance with the order, the director may control it or cause it to
be controlled. The county or weed district is liable for payment of the expense of the control work including necessary
costs and expenses for attorneys’ fees incurred by the director
in securing payment from the county or weed district. The
director may bring a civil action in a court of competent jurisdiction to collect the expenses of the control work, costs, and
attorneys’ fees;
(g) In counties without an activated noxious weed control board, enter upon any property as provided for in RCW
17.10.160, issue or cause to be issued notices and citations
and take the necessary action to control noxious weeds as
provided in RCW 17.10.170, hold hearings on any charge or
cost of control action taken as provided for in RCW
17.10.180, issue a notice of civil infraction as provided for in
RCW 17.10.230 and 17.10.310 through [and] 17.10.350, and
place a lien on any property pursuant to RCW 17.10.280,
17.10.290, and 17.10.300 with the same authorities and
responsibilities imposed by these sections on county noxious
weed control boards;
(h) Adopt a list of noxious weed seeds and toxic weeds
which shall be controlled in designated articles, products, or
feed stuffs as provided for in RCW 17.10.235.
(2) The moneys appropriated for noxious weed control to
the department shall be used for administration of the state
noxious weed control board, the administration of the director’s powers under this chapter, the purchase of materials for
controlling, containing, or eradicating noxious weeds, the
purchase or collection of biological control agents for con17.10.074
(2010 Ed.)
Noxious Weeds—Control Boards
trolling noxious weeds, and the contracting for services to
carry out the purposes of this chapter. In a county with an
activated noxious weed control board, the director shall make
every effort to contract with that board for the needed services.
(3) If the director determines the need to reallocate funds
previously designated for county use, the director shall convene a meeting of the state noxious weed control board to
seek its advice concerning any reallocation. [1997 c 353 § 9;
1987 c 438 § 7.]
17.10.080 State noxious weed list—Hearing—Adoption—Dissemination. (1) The state noxious weed control
board shall each year or more often, following a hearing,
adopt a state noxious weed list.
(2) Any person may request during a comment period
established by the state weed board the inclusion, deletion, or
designation change of any plant to the state noxious weed list.
(3) The state noxious weed control board shall send a
copy of the list to each activated county noxious weed control
board, to each weed district, and to the county legislative
authority of each county with an inactive noxious weed control board.
(4) The record of rule making must include the written
findings of the board for the inclusion of each plant on the
list. The findings shall be made available upon request to any
interested person. [1997 c 353 § 10; 1989 c 175 § 57; 1987 c
438 § 8; 1975 1st ex.s. c 13 § 5; 1969 ex.s. c 113 § 8.]
17.10.080
Additional notes found at www.leg.wa.gov
17.10.090 State noxious weed list—Selection of weeds
for control by county board. Each county noxious weed
control board shall, within ninety days of the adoption of the
state noxious weed list from the state noxious weed control
board and following a hearing, select those weeds from the
class C list and those weeds from the class B list not designated for control in the noxious weed control region in which
the county lies that it finds necessary to be controlled in the
county. The weeds thus selected and all class A weeds and
those class B weeds that have been designated for control in
the noxious weed control region in which the county lies shall
be classified within that county as noxious weeds, and those
weeds comprise the county noxious weed list. [1997 c 353 §
11; 1987 c 438 § 9; 1969 ex.s. c 113 § 9.]
17.10.090
17.10.130
control program is being hampered by the failure to include
the weed on the county’s noxious weed list. [1997 c 353 §
12; 1987 c 438 § 10; 1969 ex.s. c 113 § 10.]
17.10.110
17.10.110 Regional noxious weed control board—
Creation. A regional noxious weed control board comprising the area of two or more counties may be created as follows:
Either the county legislative authority, or the noxious
weed control board, or both, of two or more counties may,
upon a determination that the purpose of this chapter will be
served by the creation of a regional noxious weed control
board, adopt a resolution providing for a limited merger of
the functions of their respective counties noxious weed control boards. The resolution becomes effective only when a
similar resolution is adopted by the other county or counties
comprising the proposed regional board. [1997 c 353 § 13;
1987 c 438 § 11; 1975 1st ex.s. c 13 § 6; 1969 ex.s. c 113 §
11.]
17.10.120
17.10.120 Regional noxious weed control board—
Members—Meetings—Quorum—Officers—Effect on
county boards. In any case where a regional noxious weed
control board is created, the county noxious weed control
boards comprising the regional board shall still remain in
existence and shall retain all powers and duties provided for
the boards under this chapter.
The regional noxious weed control board is comprised of
the voting members and the nonvoting members of the component counties noxious weed control boards or county legislative authorities who shall, respectively, be the voting and
nonvoting members of the regional board: PROVIDED, That
each county shall have an equal number of voting members.
The board may appoint other nonvoting members as deemed
necessary. A majority of the voting members of the board
constitutes a quorum for the transaction of business and is
necessary for any action taken by the board. The board shall
elect a chair from its members and other officers as may be
necessary. Members of the regional board serve without salary but shall be compensated for actual and necessary
expenses incurred in the performance of their official duties.
[1997 c 353 § 14; 1987 c 438 § 12; 1969 ex.s. c 113 § 12.]
17.10.130
17.10.100 Order to county board to include weed
from state board’s list in county’s noxious weed list.
Where any of the following occur, the state noxious weed
control board may, following a hearing, order any county
noxious weed control board or weed district to include a noxious weed from the state board’s list in the county’s noxious
weed list:
(1) Where the state noxious weed control board receives
a petition from at least one hundred registered voters within
the county requesting that the weed be listed.
(2) Where the state noxious weed control board receives
a request for inclusion from an adjacent county’s noxious
weed control board or weed district, which the adjacent board
or district has included that weed in its county list, and the
adjacent board or weed district alleges that its noxious weed
17.10.100
(2010 Ed.)
17.10.130 Regional noxious weed control board—
Powers and duties. The powers and duties of a regional
noxious weed control board are as follows:
(1) The regional board shall, within ninety days of the
adoption of the state noxious weed list from the state noxious
weed control board and following a hearing, select those
weeds from the state list that it finds necessary to be controlled on a regional basis. The weeds thus selected shall also
be contained in the county noxious weed list of each county
in the region.
(2) The regional board shall take action as may be necessary to coordinate the noxious weed control programs of the
region and adopt a regional plan for the control of noxious
weeds. [1997 c 353 § 15; 1987 c 438 § 13; 1969 ex.s. c 113
§ 13.]
[Title 17 RCW—page 11]
17.10.134
Title 17 RCW: Weeds, Rodents, and Pests
17.10.134 Liability of county and regional noxious
weed control boards. Obligations or liabilities incurred by
any county or regional noxious weed control board or any
claims against a county or regional noxious weed control
board are governed by chapter 4.96 RCW or RCW 4.08.120:
PROVIDED, That individual members or employees of a
county noxious weed control board are personally immune
from civil liability for damages arising from actions performed within the scope of their official duties or employment. [1997 c 353 § 16; 1987 c 438 § 14.]
17.10.134
17.10.140 Owner’s duty to control spread of noxious
weeds. (1) Except as is provided under subsection (2) of this
section, every owner shall perform or cause to be performed
those acts as may be necessary to:
(a) Eradicate all class A noxious weeds;
(b) Control and prevent the spread of all class B noxious
weeds designated for control in that region within and from
the owner’s property; and
(c) Control and prevent the spread of all class B and class
C noxious weeds listed on the county weed list as locally
mandated control priorities within and from the owner’s
property.
(2) Forest lands classified under RCW 17.10.240(2), or
meeting the definition of forest lands contained in RCW
17.10.240, are subject to the requirements of subsection
(1)(a) and (b) of this section at all times. Forest lands are subject to the requirements of subsection (1)(c) of this section
only within a one thousand foot buffer strip of adjacent land
uses. In addition, forest lands are subject to subsection (1)(c)
of this section for a single five-year period following the harvesting of trees for lumber. [1997 c 353 § 17; 1969 ex.s. c
113 § 14.]
17.10.140
17.10.145 State agencies’ duty to control spread of
noxious weeds. All state agencies shall control noxious
weeds on lands they own, lease, or otherwise control through
integrated pest management practices. Agencies shall
develop plans in cooperation with county noxious weed control boards to control noxious weeds in accordance with standards in this chapter. All state agencies’ lands must comply
with this chapter, regardless of noxious weed control efforts
on adjacent lands. [1997 c 353 § 18; 1995 c 374 § 75.]
17.10.145
Additional notes found at www.leg.wa.gov
17.10.154 Owners’ agreements with county noxious
weed control boards—Terms—Enforcement. It is recognized that the prevention, control, and eradication of noxious
weeds presents a problem for immediate as well as for future
action. It is further recognized that immediate prevention,
control, and eradication is practicable on some lands and that
prevention, control, and eradication on other lands should be
extended over a period of time. Therefore, it is the intent of
this chapter that county noxious weed control boards may use
their discretion and, by agreement with the owners of land,
may propose and accept plans for prevention, control, and
eradication that may be extended over a period of years. The
county noxious weed control board may make an agreement
with the owner of any parcel of land by contract between the
landowner and the respective county noxious weed control
17.10.154
[Title 17 RCW—page 12]
board, and the board shall enforce the terms of any agreement. The county noxious weed control board may make any
terms that will best serve the interests of the owners of the
parcel of land and the common welfare that comply with this
chapter. Agreements made under this section must include at
least a one thousand foot buffer for all adjacent agricultural
land uses. Noxious weed control in this buffer must comply
with RCW 17.10.140(1). [1997 c 353 § 19; 1987 c 438 § 16.]
17.10.160 Right of entry—Warrant for noxious weed
search—Civil liability—Penalty for preventing entry.
Any authorized agent or employee of the county noxious
weed control board or of the state noxious weed control board
or of the department of agriculture where not otherwise proscribed by law may enter upon any property for the purpose
of administering this chapter and any power exercisable pursuant thereto, including the taking of specimens of weeds,
general inspection, and the performance of eradication or
control work. Prior to carrying out the purpose for which the
entry is made, the official making such entry or someone in
his or her behalf, shall make a reasonable attempt to notify
the owner of the property as to the purpose and need for the
entry.
(1) When there is probable cause to believe that there is
property within this state not otherwise exempt from process
or execution upon which noxious weeds are standing or
growing and the owner refuses permission to inspect the
property, a judge of the superior court or district court in the
county in which the property is located may, upon the request
of the county noxious weed control board or its agent, issue a
warrant directed to the board or agent authorizing the taking
of specimens of weeds or other materials, general inspection,
and the performance of eradication or control work.
(2) Application for issuance and execution and return of
the warrant authorized by this section shall be in accordance
with the applicable rules of the superior court or the district
courts.
(3) Nothing in this section requires the application for
and issuance of any warrant not otherwise required by law:
PROVIDED, That civil liability for negligence shall lie in
any case in which entry and any of the activities connected
therewith are not undertaken with reasonable care.
(4) Any person who improperly prevents or threatens to
prevent entry upon land as authorized in this section or any
person who interferes with the carrying out of this chapter
shall be upon conviction guilty of a misdemeanor. [1997 c
353 § 20; 1987 c 438 § 17; 1969 ex.s. c 113 § 16.]
17.10.160
17.10.170 Finding presence of noxious weeds—
Notice for failure of owner to control—Control by county
board—Liability of owner—Lien—Alternative. (1)
Whenever the county noxious weed control board finds that
noxious weeds are present on any parcel of land, and that the
owner is not taking prompt and sufficient action to control the
noxious weeds, pursuant to the provisions of RCW
17.10.140, it shall notify the owner that a violation of this
chapter exists. The notice shall be in writing and sent by certified mail, and shall identify the noxious weeds found to be
present, order prompt control action, and specify the time, of
at least ten days from issuance of the notice, within which the
17.10.170
(2010 Ed.)
Noxious Weeds—Control Boards
prescribed action must be taken. Upon deposit of the certified
letter of notice, the noxious weed control authority shall
make an affidavit of mailing that is prima facie evidence that
proper notice was given. If seed or other propagule dispersion
is imminent, immediate control action may be taken fortyeight hours following the time that notification is reasonably
expected to have been received by the owner or agent by certified mail or personal service, instead of ten days. If a landowner received a notice of violation from the county noxious
weed control board in a prior growing season, removal or
destruction of all above ground plant parts may be required at
the most effective point in the growing season, as determined
by the county weed board, which may be before or after
propagule dispersion.
(2) The county noxious weed control board or its authorized agents may issue a notice of civil infraction as provided
for in RCW 17.10.230, 17.10.310, and 17.10.350 to owners
who do not take action to control noxious weeds in accordance with the notice.
(3) If the owner does not take action to control the noxious weeds in accordance with the notice, the county board
may control them, or cause their being controlled, at the
expense of the owner. The amount of the expense constitutes
a lien against the property and may be enforced by proceedings on the lien except as provided for by RCW 79.44.060.
The owner is liable for payment of the expense, and nothing
in this chapter shall be construed to prevent collection of any
judgment on account thereof by any means available pursuant to law, in substitution for enforcement of the lien. Necessary costs and expenses including reasonable attorneys’ fees
incurred by the county noxious weed control board in carrying out this section may be recovered at the same time as a
part of the action filed under this section. Funds received in
payment for the expense of controlling noxious weeds shall
be transferred to the county noxious weed control board to be
expended as required to carry out the purposes of this chapter.
(4) The county auditor shall record in his or her office
any lien created under this chapter, and any lien shall bear
interest at the rate of twelve percent per annum from the date
on which the county noxious weed control board approves
the amount expended in controlling the weeds.
(5) As an alternative to the enforcement of any lien created under subsection (3) of this section, the county legislative authority may by resolution or ordinance require that
each lien created be collected by the treasurer in the same
manner as a delinquent real property tax, if within thirty days
from the date the owner is sent notice of the lien, including
the amount thereof, the lien remains unpaid and an appeal has
not been made pursuant to RCW 17.10.180. Liens treated as
delinquent taxes bear interest at the rate of twelve percent per
annum and the interest accrues as of the date notice of the lien
is sent to the owner: PROVIDED, That any collections for
the lien shall not be considered as tax. [1997 c 353 § 21; 1987
c 438 § 18; 1979 c 118 § 1; 1975 1st ex.s. c 13 § 8; 1974 ex.s.
c 143 § 3; 1969 ex.s. c 113 § 17.]
17.10.180 Hearing on liability for expense of control—Notice—Review. Any owner, upon request pursuant
to the rules and regulation of the county noxious weed control
board, is entitled to a hearing before the board on any charge
17.10.180
(2010 Ed.)
17.10.201
or cost for which the owner is alleged to be liable pursuant to
RCW 17.10.170 or 17.10.210. The board shall send notice by
certified mail within thirty days, to each owner at the owner’s
last known address, as to any charge or cost and as to his or
her right of a hearing. The hearing shall be scheduled within
forty-five days of notification. Any determination or final
action by the board is subject to judicial review by a proceeding in the superior court in the county in which the property
is located, and the court has original jurisdiction to determine
any suit brought by the owner to recover damages allegedly
suffered on account of control work negligently performed:
PROVIDED, That no stay or injunction shall lie to delay any
control work subsequent to notice given pursuant to RCW
17.10.160 or pursuant to an order under RCW 17.10.210.
[1997 c 353 § 22; 1987 c 438 § 19; 1969 ex.s. c 113 § 18.]
17.10.190 Notice and information as to noxious weed
control. Each activated county noxious weed control board
must publish annually, and at other times as may be appropriate, in at least one newspaper of general circulation within its
area, a general notice. The notice shall direct attention to the
need for noxious weed control and give other information
concerning noxious weed control requirements as may be
appropriate, or indicate where such information may be
secured. In addition to the general notice required, the county
noxious weed control board may use any appropriate media
for the dissemination of information to the public as may be
calculated to bring the need for noxious weed control to the
attention of owners. The board may consult with individual
owners concerning their problems of noxious weed control
and may provide them with information and advice, including giving specific instructions and methods when and how
certain named weeds are to be controlled. The methods may
include some combination of physical, mechanical, cultural,
chemical, and/or biological methods, including livestock.
Publication of a notice as required by this section is not a condition precedent to the enforcement of this chapter. [1997 c
353 § 23; 1987 c 438 § 20; 1975 1st ex.s. c 13 § 9; 1969 ex.s.
c 113 § 19.]
17.10.190
17.10.201 Noxious weed control on federal and tribal
lands—State and county cooperation. (1) The state noxious weed control board shall:
(a) Work with the various federal and tribal land management agencies to coordinate state and federal noxious
weed control;
(b) Encourage the various federal and tribal land management agencies to devote more time and resources to noxious weed control; and
(c) Assist the various federal and tribal land management
agencies by seeking adequate funding for noxious weed control.
(2) County noxious weed control boards and weed districts shall work with the various federal and tribal land management agencies in each county in order to:
(a) Identify new noxious weed infestations;
(b) Outline and plan necessary noxious weed control
actions;
(c) Develop coordinated noxious weed control programs; and
17.10.201
[Title 17 RCW—page 13]
17.10.205
Title 17 RCW: Weeds, Rodents, and Pests
(d) Notify local federal and tribal agency land managers
of noxious weed infestations.
(3) The department of agriculture, county noxious weed
control boards, and weed districts are authorized to enter federal lands, with the approval of the appropriate federal
agency, to survey for and control noxious weeds where control measures of a type and extent required under this chapter
have not been taken.
(4) The department of agriculture, county noxious weed
control boards, and weed districts may bill the federal land
management agency that manages the land for all costs of the
noxious weed control performed on federal land. If not paid
by the federal agency that manages the land, the cost of the
noxious weed control on federal land may be paid from any
funds available to the county noxious weed control board or
weed district that performed the noxious weed control. Alternatively, the costs of noxious weed control on federal land
may be paid from any funds specifically appropriated to the
department of agriculture for that purpose.
(5) The department of agriculture, county noxious weed
control boards, and weed districts are authorized to enter into
any reasonable agreement with the appropriate authorities for
the control of noxious weeds on federal or tribal lands.
(6) The department of agriculture, county noxious weed
control boards, and weed districts shall consult with state
agencies managing federal land concerning noxious weed
infestation and control programs. [1997 c 353 § 34.]
17.10.205
17.10.205 Control of noxious weeds in open areas.
Open areas subject to the spread of noxious weeds, including
but not limited to subdivisions, school grounds, playgrounds,
parks, and rights-of-way shall be subject to regulation by
activated county noxious weed control boards in the same
manner and to the same extent as is provided for all terrestrial
and aquatic lands of the state. [1997 c 353 § 24; 1975 1st
ex.s. c 13 § 16.]
17.10.210
17.10.210 Quarantine of land—Order—Expense. (1)
Whenever the director, the county noxious weed control
board, or a weed district finds that a parcel of land is so seriously infested with class A or class B noxious weeds that
control measures cannot be undertaken thereon without quarantining the land and restricting or denying access thereto or
use thereof, the director, the county noxious weed control
board, or weed district, with the approval of the director of
the department of agriculture, may issue an order for the
quarantine and restriction or denial of access or use. Upon
issuance of the order, the director, the county noxious weed
control board, or the weed district shall commence necessary
control measures and may institute legal action for the collection of costs for control work, which may include attorneys’
fees and the costs of other appropriate actions.
(2) An order of quarantine shall be served, by any
method sufficient for the service of civil process, on all persons known to qualify as owners of the land within the meaning of this chapter.
(3) The director shall, with the advice of the state noxious weed control board, determine how the expense of control work undertaken pursuant to this section, and the cost of
[Title 17 RCW—page 14]
any quarantine in connection therewith, is apportioned.
[1997 c 353 § 25; 1987 c 438 § 22; 1969 ex.s. c 113 § 21.]
17.10.230
17.10.230 Violations—Penalty. Any owner knowing
of the existence of any noxious weeds on the owner’s land
who fails to control such weeds in accordance with this chapter and rules and regulations in force pursuant thereto; or any
person who enters upon any land in violation of an order in
force pursuant to RCW 17.10.210; or any person who interferes with the carrying out of the provisions of this chapter
has committed a civil infraction. [1987 c 438 § 23; 1979 c
118 § 2; 1969 ex.s. c 113 § 23.]
17.10.235
17.10.235 Selling product, article, or feed containing
noxious weed seeds or toxic weeds—Penalty—Rules—
Inspections—Fees. (1) The director of agriculture shall
adopt, with the advice of the state noxious weed control
board, rules designating noxious weed seeds which shall be
controlled in products, screenings, or articles to prevent the
spread of noxious weeds. The rules shall identify the products, screenings, and articles in which the seeds must be controlled and the maximum amount of the seed to be permitted
in the product, screenings, or article to avoid a hazard of
spreading the noxious weed by seed from the product, screenings, or article. The director shall also adopt, with the advice
of the state board, rules designating toxic weeds which shall
be controlled in feed stuffs and screenings to prevent injury to
the animal that consumes the feed. The rules shall identify the
feed stuffs and screenings in which the toxic weeds must be
controlled and the maximum amount of the toxic weed to be
permitted in the feed. Rules developed under this section
shall identify ways that products, screenings, articles, or feed
stuffs containing noxious weed seeds or toxic weeds can be
made available for beneficial uses.
(2) Any person who knowingly or negligently sells or
otherwise distributes a product, article, screenings, or feed
stuff designated by rule containing noxious weed seeds or
toxic weeds designated for control by rule and in an amount
greater than the amount established by the director for the
seed or weed by rule is guilty of a misdemeanor.
(3) The department of agriculture shall, upon request of
the buyer, inspect products, screenings, articles, or feed stuffs
designated by rule and charge fees, in accordance with chapter 22.09 RCW, to determine the presence of designated noxious weed seeds or toxic weeds. [1997 c 353 § 26; 1987 c 438
§ 30; 1979 c 118 § 4.]
17.10.240
17.10.240 Special assessments, appropriations for
noxious weed control—Assessment rates. (1) The activated county noxious weed control board of each county
shall annually submit a budget to the county legislative
authority for the operating cost of the county’s weed program
for the ensuing fiscal year: PROVIDED, That if the board
finds the budget approved by the legislative authority is
insufficient for an effective county noxious weed control program it shall petition the county legislative authority to hold
a hearing as provided in RCW 17.10.890. Control of weeds is
a benefit to the lands within any such section. Funding for the
budget is derived from any or all of the following:
(2010 Ed.)
Noxious Weeds—Control Boards
(a) The county legislative authority may, in lieu of a tax,
levy an assessment against the land for this purpose. Prior to
the levying of an assessment the county noxious weed control
board shall hold a public hearing at which it will gather information to serve as a basis for classification and then classify
the lands into suitable classifications, including but not limited to dry lands, range lands, irrigated lands, nonuse lands,
forest lands, or federal lands. The board shall develop and
forward to the county legislative authority, as a proposed
level of assessment for each class, an amount as seems just.
The assessment rate shall be either uniform per acre in its
respective class or a flat rate per parcel rate plus a uniform
rate per acre: PROVIDED, That if no benefits are found to
accrue to a class of land, a zero assessment may be levied.
The county legislative authority, upon receipt of the proposed
levels of assessment from the board, after a hearing, shall
accept or modify by resolution, or refer back to the board for
its reconsideration all or any portion of the proposed levels of
assessment. The amount of the assessment constitutes a lien
against the property. The county legislative authority may by
resolution or ordinance require that notice of the lien be sent
to each owner of property for which the assessment has not
been paid by the date it was due and that each lien created be
collected by the treasurer in the same manner as delinquent
real property tax, if within thirty days from the date the owner
is sent notice of the lien, including the amount thereof, the
lien remains unpaid and an appeal has not been made pursuant to RCW 17.10.180. Liens treated as delinquent taxes bear
interest at the rate of twelve percent per annum and the interest accrues as of the date notice of the lien is sent to the
owner: PROVIDED FURTHER, That any collections for the
lien shall not be considered as tax; or
(b) The county legislative authority may appropriate
money from the county general fund necessary for the administration of the county noxious weed control program. In
addition the county legislative authority may make emergency appropriations as it deems necessary for the implementation of this chapter.
(2) Forest lands used solely for the planting, growing, or
harvesting of trees and which are typified, except during a
single period of five years following clear-cut logging, by
canopies so dense as to prohibit growth of an understory may
be subject to an annual noxious weed assessment levied by a
county legislative authority that does not exceed one-tenth of
the weighted average per acre noxious weed assessment levied on all other lands in unincorporated areas within the
county that are subject to the weed assessment. This assessment shall be computed in accordance with the formula in
subsection (3) of this section.
(3) The calculation of the "weighted average per acre
noxious weed assessment" is a ratio expressed as follows:
(a) The numerator is the total amount of funds estimated
to be collected from the per acre assessment on all lands
except (i) forest lands as identified in subsection (2) of this
section, (ii) lands exempt from the noxious weed assessment,
and (iii) lands located in an incorporated area.
(b) The denominator is the total acreage from which
funds in (a) of this subsection are collected. For lands of less
than one acre in size, the denominator calculation may be
based on the following assumptions: (i) Unimproved lands
are calculated as being one-half acre in size on the average,
(2010 Ed.)
17.10.280
and (ii) improved lands are calculated as being one-third acre
in size on the average. The county legislative authority may
choose to calculate the denominator for lands of less than one
acre in size using other assumptions about average parcel size
based on local information.
(4) For those counties that levy a per parcel assessment
to help fund noxious weed control programs, the per parcel
assessment on forest lands as defined in subsection (2) of this
section shall not exceed one-tenth of the per parcel assessment on nonforest lands. [1997 c 353 § 27; 1995 c 374 § 77;
1987 c 438 § 31; 1975 1st ex.s. c 13 § 10; 1969 ex.s. c 113 §
24.]
Additional notes found at www.leg.wa.gov
17.10.250 Applications for noxious weed control
funds. The legislative authority of any county with an activated noxious weed control board or the board of any weed
district may apply to the director for noxious weed control
funds when informed by the director that funds are available.
Any applicant must employ adequate administrative personnel to supervise an effective weed control program as determined by the director with advice from the state noxious
weed control board. The director with advice from the state
noxious weed control board shall adopt rules on the distribution and use of noxious weed control account funds. [1997 c
353 § 28; 1987 c 438 § 32; 1975 1st ex.s. c 13 § 11; 1969 ex.s.
c 113 § 25.]
17.10.250
17.10.260 Administrative powers to be exercised in
conformity with administrative procedure act—Use of
weed control substances subject to other acts. The administrative powers granted under this chapter to the director of
the department of agriculture and to the state noxious weed
control board shall be exercised in conformity with the provisions of the administrative procedure act, chapter 34.05
RCW, as now or hereafter amended. The use of any substance to control noxious weeds shall be subject to the provisions of the water pollution control act, chapter 90.48 RCW,
as now or hereafter amended, the Washington pesticide control act, chapter 15.58 RCW, and the Washington pesticide
application act, chapter 17.21 RCW. [1987 c 438 § 33; 1969
ex.s. c 113 § 28.]
17.10.260
17.10.270 Noxious weed control boards—Authority
to obtain insurance or surety bonds. Each noxious weed
control board may obtain such insurance or surety bonds, or
both with such limits as they may deem reasonable for the
purpose of protecting their officials and employees against
liability for personal or bodily injuries and property damage
arising from their acts or omissions while performing or in
good faith purporting to perform their official duties. [1987 c
438 § 34; 1974 ex.s. c 143 § 5.]
17.10.270
17.10.280 Lien for labor, material, equipment used in
controlling noxious weeds. Every activated county noxious
weed control board performing labor, furnishing material, or
renting, leasing or otherwise supplying equipment, to be used
in the control of noxious weeds, or in causing control of noxious weeds, upon any property pursuant to the provisions of
chapter 17.10 RCW has a lien upon such property for the
17.10.280
[Title 17 RCW—page 15]
17.10.290
Title 17 RCW: Weeds, Rodents, and Pests
labor performed, material furnished, or equipment supplied
whether performed, furnished, or supplied with the consent
of the owner, or his agent, of such property, or without the
consent of said owner or agent. [1987 c 438 § 35; 1975 1st
ex.s. c 13 § 13.]
17.10.290
17.10.290 Lien for labor, material, equipment used in
controlling noxious weeds—Notice of lien. Every county
noxious weed control board furnishing labor, materials, or
supplies or renting, leasing, or otherwise supplying equipment to be used in the control of noxious weeds upon any
property pursuant to RCW 17.10.160 and 17.10.170 or pursuant to an order under RCW 17.10.210 as now or hereafter
amended, shall give to the owner or reputed owner or his
agent a notice in writing, within ninety days from the date of
the cessation of the performance of such labor, the furnishing
of such materials, or the supplying of such equipment, which
notice shall cover the labor, material, supplies, or equipment
furnished or leased, as well as all subsequent labor, materials,
supplies, or equipment furnished or leased, stating in substance and effect that such county noxious weed control
board is furnishing or has furnished labor, materials and supplies or equipment for use thereon, with the name of the
county noxious weed control board ordering the same, and
that a lien may be claimed for all materials and supplies or
equipment furnished by such county noxious weed control
board for use thereon, which notice shall be given by mailing
the same by registered or certified mail in an envelope
addressed to the owner at his place of residence or reputed
residence. [1987 c 438 § 36; 1975 1st ex.s. c 13 § 14.]
17.10.300
17.10.300 Lien for labor, material, equipment used in
controlling noxious weeds—Claim—Filing—Contents.
No lien created by RCW 17.10.280 exists, and no action to
enforce the same shall be maintained, unless within ninety
days from the date of cessation of the performance of the
labor, furnishing of materials, or the supplying of equipment,
a claim for the lien is filed for record as provided in this section, in the office of the county auditor of the county in which
the property, or some part of the property to be affected by
the claim for a lien, is situated. The claim shall state, as nearly
as may be, the time of the commencement and cessation of
performing the labor, furnishing the material, or supplying
the equipment, the name of the county noxious weed control
board that performed the labor or caused the labor to be performed, furnished the material, or supplied the equipment, a
description of the property to be charged with the lien sufficient for identification, the name of the owner, or reputed
owner if known, or his or her agent, and if the owner is not
known, that fact shall be mentioned, the amount for which the
lien is claimed, and shall be signed by the county noxious
weed control board, and be verified by the oath of the county
noxious weed control board, to the effect that the affiant
believes that claim to be just; and the claim of lien may be
amended in case of action brought to foreclose the same, by
order of the court, as pleadings may be, insofar as the interest
of third parties shall not be affected by such an amendment.
[1997 c 353 § 29; 1975 1st ex.s. c 13 § 15.]
[Title 17 RCW—page 16]
17.10.310 Notice of infraction—Issuance. The county
noxious weed control board may issue a notice of civil infraction if after investigation it has reasonable cause to believe an
infraction has been committed. A civil infraction may be
issued pursuant to RCW 7.80.005, 7.80.070 through
7.80.110, 7.80.120 (3) and (4), and 7.80.130 through
7.80.900. [1997 c 353 § 30; 1987 c 438 § 24.]
17.10.310
17.10.350 Infraction—Penalty. (1) Any person found
to have committed a civil infraction under this chapter shall
be assessed a monetary penalty not to exceed one thousand
dollars. The state noxious weed control board shall adopt a
schedule of monetary penalties for each violation of this
chapter classified as a civil infraction and submit the schedule to the appropriate court. If a monetary penalty is imposed
by the court, the penalty is immediately due and payable.
The court may, at its discretion, grant an extension of time,
not to exceed thirty days, in which the penalty must be paid.
(2) Failure to pay any monetary penalties imposed under
this chapter is punishable as a misdemeanor. [2003 c 53 §
117; 1997 c 353 § 31; 1987 c 438 § 28.]
17.10.350
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
17.10.890 Deactivation of county noxious weed control board—Hearing. The following procedures shall be
followed to deactivate a county noxious weed control board:
(1) The county legislative authority holds a hearing to
determine whether there continues to be a need for an activated county noxious weed control board if:
(a) A petition is filed by one hundred registered voters
within the county;
(b) A petition is filed by a county noxious weed control
board as provided in RCW 17.10.240; or
(c) The county legislative authority passes a motion to
hold such a hearing.
(2) Except as provided in subsection (4) of this section,
the hearing shall be held within sixty days of final action
taken under subsection (1) of this section.
(3) If, after a hearing, the county legislative authority
determines that no need exists for a county noxious weed
control board, due to the absence of class A or class B noxious weeds designated for control in the region, the county
legislative authority shall deactivate the board.
(4) The county legislative authority shall not convene a
hearing as provided for in subsection (1) of this section more
frequently than once a year. [1997 c 353 § 32; 1987 c 438 §
37.]
17.10.890
17.10.900 Weed districts—Continuation—Dissolution—Transfer of assessment funds. Any weed district
formed under chapter 17.04 or 17.06 RCW prior to the enactment of this chapter, continues to operate under the provisions of the chapter under which it was formed: PROVIDED, That if ten percent of the landowners subject to any
such weed district, and the county noxious weed control
board upon its own motion, petition the county legislative
authority for a dissolution of the weed district, the county legislative authority shall provide for an election to be conducted in the same manner as required for the election of
directors under the provisions of chapter 17.04 RCW, to
17.10.900
(2010 Ed.)
Agricultural Pest Districts
determine by majority vote of those casting votes, if the weed
district will continue to operate under the chapter it was
formed. The land area of any dissolved weed district becomes
subject to the provisions of this chapter. Any district assessment funds may be transferred after the dissolution election
under contract to the county noxious weed control board to
fund the noxious weed control program. [1997 c 353 § 33;
1987 c 438 § 38; 1975 1st ex.s. c 13 § 12; 1969 ex.s. c 113 §
26.]
17.10.910 Severability—1969 ex.s. c 113. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of this act, or the application of the provision to other persons or circumstances is
not affected. [1969 ex.s. c 113 § 27.]
17.10.910
Chapter 17.12
Chapter 17.12 RCW
AGRICULTURAL PEST DISTRICTS
Sections
17.12.010
17.12.020
17.12.030
17.12.040
17.12.050
17.12.060
17.12.080
17.12.100
Pest districts authorized.
Petition—Notice—Hearing.
Determination—Boundaries of district.
Designation of district.
Treasurer—Tax levies.
Supervision of the district.
Levies on state and county lands—Levies on state lands to be
added to rental or purchase price.
Limit of indebtedness.
17.12.010 Pest districts authorized. For the purpose of
destroying or exterminating squirrels, prairie dogs, gophers,
moles or other rodents, or of rabbits or any predatory animals
that destroy or interfere with the crops, fruit trees, shrubs,
valuable plants, fodder, seeds or other agricultural plants or
products, thing or pest injurious to any agricultural plant or
product, or to prevent the introduction, propagation, growth
or increase in number of any of the above described animals,
or rodents, the board of county commissioners of any county
may create a pest district or pest districts within such county
and may enlarge any district containing a lesser territory than
the whole county, or reduce any district already created, or
combine or consolidate districts or divide, or create new districts from time to time in the manner hereinafter set forth.
[1919 c 152 § 1; RRS § 2801.]
17.12.050
posting copies of such notice of the time and place of such
hearing in three conspicuous places within the proposed district and posting one copy of such notice at the court house or
place of business of the board, and also by mailing to each
freeholder within the proposed district a copy of such notice,
to his last known residence, if known, and if not known to the
clerk of such board, then and in that event the posting shall be
deemed sufficient: PROVIDED, HOWEVER, If the board
shall deem it impractical to mail notices to each freeholder,
within the proposed district, or if the post office address of all
the freeholders are not known, then in that event when recited
in a resolution adopted by the board, the notice in addition to
posting, shall be published once a week for three successive
weeks in the county official paper if there is such, and if there
be no official paper, then in some paper published in said
county, and if there be no paper published in said county,
then in some paper of general circulation within the proposed
district. The persons in whose name the property is assessed
shall be deemed the owners thereof for the purpose of notice
as herein required: PROVIDED, HOWEVER, That for lands
belonging to the state, the commissioner of public lands shall
be notified, and for lands belonging to the county, the county
auditor shall be notified, and if such lands are under lease or
conditional sale the lessee or purchaser shall also be notified
in the manner above provided. Any person interested may
appear at the time of such hearing and may under such rules
and regulations as the board may prescribe give his or her
reasons for or objections to the creation of such a district.
[1919 c 152 § 2; RRS § 2802.]
17.12.010
17.12.020 Petition—Notice—Hearing. Whenever ten
or more resident freeholders in any county petition the board
of county commissioners, asking that their lands be included,
either separately or with other lands designated in the petition
in a district to be formed for the purpose of preventing,
destroying, or exterminating any of the animals, rodents or
other such things described in RCW 17.12.010, or that such
lands be included within a district already formed by the
enlargement of such district, or a new district or districts be
formed out of a district or districts then in existence or out of
territory partly in districts already formed and not included in
any district, and such petition indicating the boundaries of
such proposed district, whether all or any part of such county,
and stating the purpose of such district, the board shall fix a
time for the hearing of such petition and shall give at least
thirty days notice of the time and place of such hearing by
17.12.020
(2010 Ed.)
17.12.030 Determination—Boundaries of district.
Upon the hearing of such petition the board shall determine
whether such a district shall be created and shall fix the
boundaries thereof, but shall not enlarge the boundaries of
proposed districts or enlarge or change the boundary or
boundaries of any district or districts already formed without
first giving the notice to all parties interested as provided in
RCW 17.12.020. [1919 c 152 § 3; RRS § 2803.]
17.12.030
17.12.040 Designation of district. If the board shall
deem the interests of the county or of any particular section
thereof will be benefited by the creation of such a district or
districts, or the changing thereof, it shall make a record
thereof upon the minutes of the board and shall designate
such territory in each such district as "Pest District . . . . . . for
. . . . . . County". [1919 c 152 § 4; RRS § 2804.]
17.12.040
17.12.050 Treasurer—Tax levies. The county treasurer shall be ex officio treasurer for each of such districts so
formed and the county assessor and other county officers
shall take notice of the formation of such district or districts
and shall be governed thereby according to the provisions of
this chapter. The assessment or the tax levies as hereinafter
provided for shall be extended on the tax rolls against the
property liable therefor the same as other assessments or
taxes are extended, and shall become a part of the general tax
against such property and be collected and accounted for the
same as other taxes are, with the terms and penalties attached
thereto. The moneys so collected shall be held and disbursed
as a special fund for such district and shall be paid out only on
17.12.050
[Title 17 RCW—page 17]
17.12.060
Title 17 RCW: Weeds, Rodents, and Pests
warrant issued by the county auditor upon voucher approved
by the board of county commissioners. [1919 c 152 § 5; RRS
§ 2805.]
17.12.060 Supervision of the district. The agricultural
expert in counties having an agricultural expert, shall under
the direction of Washington State University have general
supervision of the methods and means of preventing, destroying or exterminating any animals or rodents as herein mentioned within his county, and of how the funds of any pest
district shall be expended to best accomplish the purposes for
which such funds were raised; in counties having no such
agricultural expert each county commissioner shall be within
his respective commissioner district, ex officio supervisor, or
the board may designate some such person to so act, and shall
fix his compensation therefor. Whenever any member of the
board shall act as supervisor he shall be entitled to his actual
expenses and his per diem as county commissioner the same
as if he were doing other county business. [1977 ex.s. c 169
§ 4; 1919 c 152 § 6; RRS § 2806.]
be received by such district during the next two years. [1919
c 152 § 9; RRS § 2809.]
County budget as limitation on incurring liability: RCW 36.40.100.
17.12.060
Reviser’s note: The law authorizing the employment of agricultural
experts was 1913 c 18 as amended by 1919 c 193 but since repealed by 1949
c 181 which authorizes cooperative extension work in agriculture and home
economics. See RCW 36.50.010.
Additional notes found at www.leg.wa.gov
17.12.080 Levies on state and county lands—Levies
on state lands to be added to rental or purchase price.
Whenever there shall be included within any pest district
lands belonging to the state or to the county the board of
county commissioners shall determine the amount of the tax
or assessment for which such land would be liable if the same
were in private ownership for each subdivision of forty acres
or fraction thereof. The assessor shall transmit to the county
commissioners a statement of the amounts so due from
county lands and the county commissioners shall appropriate
from the current expense fund of the county sufficient money
to pay such amounts. A statement of the amounts due from
state lands within each county shall be annually forwarded to
the commissioner of public lands who shall examine the
same and if he finds the same correct and that the determination was made according to law, he shall certify the same and
issue a warrant for the payment of same against any funds in
the state treasury appropriated for such purposes.
The commissioner of public lands shall keep a record of
the amounts so paid on account of any state lands which are
under lease or contract of sale and such amounts shall be
added to and become a part of the annual rental or purchase
price of the land, and shall be paid annually at the time of
payment of rent or payment of interest or purchase price of
such land. When such amounts shall be collected by the commissioner of public lands it shall be paid into the general fund
in the state treasury. [1973 c 106 § 11; 1919 c 152 § 8; RRS
§ 2808. Formerly RCW 17.12.080 and 17.12.090.]
17.12.080
17.12.100 Limit of indebtedness. No district shall be
permitted to contract obligations in excess of the estimated
revenues for the two years next succeeding the incoming
[incurring] of such indebtedness and it shall be unlawful for
the county commissioners to approve of any bills which will
exceed the revenue to any district which shall be estimated to
17.12.100
[Title 17 RCW—page 18]
Chapter 17.15
Chapter 17.15 RCW
INTEGRATED PEST MANAGEMENT
Sections
17.15.005
17.15.010
17.15.020
17.15.030
Legislative declaration.
Definitions.
Implementation of integrated pest management practices.
Integrated pest management training—Designated coordinator—Representation on interagency coordinating committee.
17.15.005 Legislative declaration. The legislature
declares that it is the policy of the state of Washington to
require all state agencies that have pest control responsibilities to follow the principles of integrated pest management.
[1997 c 357 § 1.]
17.15.005
17.15.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise:
(1) "Integrated pest management" means a coordinated
decision-making and action process that uses the most appropriate pest control methods and strategy in an environmentally and economically sound manner to meet agency programmatic pest management objectives. The elements of
integrated pest management include:
(a) Preventing pest problems;
(b) Monitoring for the presence of pests and pest damage;
(c) Establishing the density of the pest population, that
may be set at zero, that can be tolerated or correlated with a
damage level sufficient to warrant treatment of the problem
based on health, public safety, economic, or aesthetic thresholds;
(d) Treating pest problems to reduce populations below
those levels established by damage thresholds using strategies that may include biological, cultural, mechanical, and
chemical control methods and that must consider human
health, ecological impact, feasibility, and cost-effectiveness;
and
(e) Evaluating the effects and efficacy of pest treatments.
(2) "Pest" means, but is not limited to, any insect, rodent,
nematode, snail, slug, weed, and any form of plant or animal
life or virus, except virus, bacteria, or other microorganisms
on or in a living person or other animal or in or on processed
food or beverages or pharmaceuticals, which is normally considered to be a pest, or which the director of the department
of agriculture may declare to be a pest. [1997 c 357 § 2.]
17.15.010
17.15.020 Implementation of integrated pest management practices. Each of the following state agencies or
institutions shall implement integrated pest management
practices when carrying out the agency’s or institution’s
duties related to pest control:
(1) The department of agriculture;
(2) The state noxious weed control board;
(3) The department of ecology;
(4) The department of fish and wildlife;
17.15.020
(2010 Ed.)
Washington Pesticide Application Act
(5) The department of transportation;
(6) The parks and recreation commission;
(7) The department of natural resources;
(8) The department of corrections;
(9) The department of general administration; and
(10) Each state institution of higher education, for the
institution’s own building and grounds maintenance. [1997 c
357 § 3.]
17.15.030 Integrated pest management training—
Designated coordinator—Representation on interagency
coordinating committee. (1) A state agency or institution
listed in RCW 17.15.020 shall provide integrated pest management training for employees responsible for pest management. The training programs shall be developed in cooperation with the interagency integrated pest management coordinating committee created under *RCW 17.15.040.
(2) A state agency or institution listed in RCW 17.15.020
shall designate an integrated pest management coordinator
and the department of labor and industries and the office of
the superintendent of public instruction shall each designate
one representative to serve on the committee established in
*RCW 17.15.040. [1997 c 357 § 4.]
17.21.290
17.21.300
17.21.305
17.21.310
17.21.315
17.21.320
17.21.340
17.21.350
17.21.400
17.21.410
17.15.030
125.
*Reviser’s note: RCW 17.15.040 was repealed by 2010 1st sp.s. c 7 §
Chapter 17.21 RCW
WASHINGTON PESTICIDE APPLICATION ACT
Chapter 17.21
Sections
17.21.010
17.21.020
17.21.030
17.21.040
17.21.050
17.21.060
17.21.065
17.21.070
17.21.080
17.21.091
17.21.100
17.21.110
17.21.122
17.21.126
17.21.128
17.21.129
17.21.130
17.21.132
17.21.134
17.21.140
17.21.150
17.21.160
17.21.170
17.21.180
17.21.190
17.21.200
17.21.203
17.21.220
17.21.280
(2010 Ed.)
Declaration of police power and purpose.
Definitions.
Director’s authority—Rules.
Rules subject to administrative procedure act.
Hearings—Administrative procedure act.
Subpoenas—Witness fees.
Classification of licenses.
Commercial pesticide applicator license—Requirements.
Commercial pesticide applicator license—Application—
Form.
Commercial pesticide applicator license—Persons who may
apply under license authority.
Recordkeeping by licensees and agricultural users.
Commercial pesticide operator license—Requirements.
Private-commercial pesticide applicator license—Requirements.
Private applicator, limited private applicator, or rancher private applicator—Requirements—Application for license—
Fees.
Renewal of certificate or license—Recertification standards.
Demonstration and research license—Requirements.
Revocation, suspension, or denial.
License, certification—Applications—Expiration dates.
Licenses—Examination requirements.
Renewal—Delinquency.
Violation of chapter—Unlawful acts.
Commercial pesticide applicator license—Financial responsibility.
Commercial pesticide applicator license—Amount of bond or
insurance required—Notice of reduction or cancellation by
surety or insurer.
Commercial pesticide applicator license—Suspension of
license for failure to meet financial responsibility criteria.
Damages due to use or application of pesticide—Report of loss
required.
Commercial pesticide applicator license—Exemptions.
Government research personnel—Requirements.
Application of chapter to governmental entities—Public operator license required—Exemption—Liability.
Disposition of revenue, enforcement of chapter—District
court fees, fines, penalties and forfeitures.
17.21.415
17.21.420
17.21.430
17.21.440
17.21.900
17.21.920
17.21.930
17.21.931
17.21.932
17.21.933
17.21.020
Pesticide application apparatuses—License plate as identification.
Agreements with other governmental entities.
Licensing by cities of first class and counties.
General penalty.
Civil penalty for failure to comply with chapter.
Access to public or private premises—Search warrants—Prosecuting attorney’s duties—Injunctions.
Violation of chapter—Remedies.
Report to legislature.
Landscape or right-of-way applications—Notice.
Landscape applications—Marking of property, posting
requirements.
Schools—Policies and methods—Notification—Records—
Liability.
Pesticide-sensitive individuals—List procedure.
Pesticide-sensitive individuals—Notification.
Agricultural workers and handlers of agricultural pesticides—
Coordination of regulation and enforcement with department
of labor and industries.
Preexisting liabilities not affected.
Short title.
Severability—1961 c 249.
Severability—1967 c 177.
Severability—1979 c 92.
Severability—1989 c 380.
17.21.010 Declaration of police power and purpose.
The application and the control of the use of various pesticides is important and vital to the maintenance of a high level
of public health and welfare both immediate and future, and
is hereby declared to be affected with the public interest. The
provisions of this chapter are enacted in the exercise of the
police power of the state for the purpose of protecting the
immediate and future health and welfare of the people of the
state. [1967 c 177 § 1; 1961 c 249 § 1.]
17.21.010
Washington pesticide control act: Chapter 15.58 RCW.
17.21.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agricultural commodity" means any plant or part of
a plant, or animal, or animal product, produced by a person
(including farmers, ranchers, vineyardists, plant propagators,
Christmas tree growers, aquaculturists, floriculturists,
orchardists, foresters, or other comparable persons) primarily
for sale, consumption, propagation, or other use by people or
animals.
(2) "Agricultural land" means land on which an agricultural commodity is produced or land that is in a governmentrecognized conservation reserve program. This definition
does not apply to private gardens where agricultural commodities are produced for personal consumption.
(3) "Antimicrobial pesticide" means a pesticide that is
used for the control of microbial pests, including but not limited to viruses, bacteria, algae, and protozoa, and is intended
for use as a disinfectant or sanitizer.
(4) "Apparatus" means any type of ground, water, or
aerial equipment, device, or contrivance using motorized,
mechanical, or pressurized power and used to apply any pesticide on land and anything that may be growing, habitating,
or stored on or in such land, but shall not include any pressurized handsized household device used to apply any pesticide,
or any equipment, device, or contrivance of which the person
who is applying the pesticide is the source of power or energy
in making such pesticide application, or any other small
equipment, device, or contrivance that is transported in a
17.21.020
[Title 17 RCW—page 19]
17.21.020
Title 17 RCW: Weeds, Rodents, and Pests
piece of equipment licensed under this chapter as an apparatus.
(5) "Arthropod" means any invertebrate animal that
belongs to the phylum arthropoda, which in addition to
insects, includes allied classes whose members are wingless
and usually have more than six legs; for example, spiders,
mites, ticks, centipedes, and isopod crustaceans.
(6) "Certified applicator" means any individual who is
licensed as a commercial pesticide applicator, commercial
pesticide operator, public operator, private-commercial
applicator, demonstration and research applicator, private
applicator, limited private applicator, rancher private applicator, or any other individual who is certified by the director to
use or supervise the use of any pesticide which is classified
by the EPA or the director as a restricted use pesticide.
(7) "Commercial pesticide applicator" means any person
who engages in the business of applying pesticides to the land
of another.
(8) "Commercial pesticide operator" means any
employee of a commercial pesticide applicator who uses or
supervises the use of any pesticide and who is required to be
licensed under provisions of this chapter.
(9) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a
plant with or without causing abscission.
(10) "Department" means the Washington state department of agriculture.
(11) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant
tissues.
(12) "Device" means any instrument or contrivance
intended to trap, destroy, control, repel, or mitigate pests, but
not including equipment used for the application of pesticides
when sold separately from the pesticides.
(13) "Direct supervision" by certified private applicators
shall mean that the designated restricted use pesticide shall be
applied for purposes of producing any agricultural commodity on land owned or rented by the applicator or the applicator’s employer, by a competent person acting under the
instructions and control of a certified private applicator who
is available if and when needed, even though such certified
private applicator is not physically present at the time and
place the pesticide is applied. The certified private applicator
shall have direct management responsibility and familiarity
of the pesticide, manner of application, pest, and land to
which the pesticide is being applied. Direct supervision by
all other certified applicators means direct on-the-job supervision and shall require that the certified applicator be physically present at the application site and that the person making the application be in voice and visual contact with the certified applicator at all times during the application. However,
direct supervision for forest application does not require constant voice and visual contact when general use pesticides are
applied using nonapparatus type equipment, the certified
applicator is physically present and readily available in the
immediate application area, and the certified applicator
directly observes pesticide mixing and batching. Direct
supervision of an aerial apparatus means the pilot of the aircraft must be appropriately certified.
(14) "Director" means the director of the department or a
duly authorized representative.
[Title 17 RCW—page 20]
(15) "Engage in business" means any application of pesticides by any person upon lands or crops of another.
(16) "EPA" means the United States environmental protection agency.
(17) "EPA restricted use pesticide" means any pesticide
classified for restricted use by the administrator, EPA.
(18) "FIFRA" means the federal insecticide, fungicide
and rodenticide act as amended (61 Stat. 163, 7 U.S.C. Sec.
136 et seq.).
(19) "Forest application" means the application of pesticides to agricultural land used to grow trees for the commercial production of wood or wood fiber for products such as
dimensional lumber, shakes, plywood, poles, posts, pilings,
particle board, hardboard, oriented strand board, pulp, paper,
cardboard, or other similar products.
(20) "Fumigant" means any pesticide product or combination of products that is a vapor or gas or forms a vapor or
gas on application and whose method of pesticidal action is
through the gaseous state.
(21) "Fungi" means all nonchlorophyll-bearing thallophytes (all nonchlorophyll-bearing plants of lower order than
mosses and liverworts); for example, rusts, smuts, mildews,
molds, and yeasts, except those on or in a living person or
other animals.
(22) "Fungicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any
fungi.
(23) "Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any
weed or other higher plant.
(24) "Immediate service call" means a landscape application to satisfy an emergency customer request for service,
or a treatment to control a pest to landscape plants.
(25) "Insect" means any small invertebrate animal, in
any life stage, whose adult form is segmented and which generally belongs to the class insecta, comprised of six-legged,
usually winged forms, as, for example, beetles, bugs, bees,
and flies. The term insect shall also apply to other allied
classes of arthropods whose members are wingless and usually have more than six legs, for example, spiders, mites,
ticks, centipedes, and isopod crustaceans.
(26) "Insecticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate any
insect.
(27) "Land" means all land and water areas, including
airspace and all plants, animals, structures, buildings,
devices, and contrivances, appurtenant to or situated on, fixed
or mobile, including any used for transportation.
(28) "Landscape application" means an application of
any EPA registered pesticide to any exterior landscape area
around residential property, commercial properties such as
apartments or shopping centers, parks, golf courses, schools
including nursery schools and licensed day cares, or cemeteries or similar areas. This definition shall not apply to: (a)
Applications made by private applicators, limited private
applicators, or rancher private applicators; (b) mosquito
abatement, gypsy moth eradication, or similar wide-area pest
control programs sponsored by governmental entities; and (c)
commercial pesticide applicators making structural applications.
(2010 Ed.)
Washington Pesticide Application Act
(29) "Limited private applicator" means a certified applicator who uses or is in direct supervision, as defined for private applicators in this section, of the use of any herbicide
classified by the EPA or the director as a restricted use pesticide, for the sole purpose of controlling weeds on nonproduction agricultural land owned or rented by the applicator or the
applicator’s employer. Limited private applicators may also
use restricted use pesticides on timber areas, excluding
aquatic sites, to control weeds designated for mandatory control under chapters 17.04, 17.06, and 17.10 RCW and state
and local regulations adopted under chapters 17.04, 17.06,
and 17.10 RCW. A limited private applicator may apply
restricted use herbicides to the types of land described in this
subsection of another person if applied without compensation
other than trading of personal services between the applicator
and the other person. This license is only valid when making
applications in counties of Washington located east of the
crest of the Cascade mountains.
(30) "Limited production agricultural land" means land
used to grow hay and grain crops that are consumed by the
livestock on the farm where produced. No more than ten percent of the hay and grain crops grown on limited production
agricultural land may be sold each crop year. Limited production agricultural land does not include aquatic sites.
(31) "Nematocide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
nematodes.
(32) "Nematode" means any invertebrate animal of the
phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike
bodies covered with cuticle, and inhabiting soil, water, plants
or plant parts. Nematodes may also be called nemas or eelworms.
(33) "Nonproduction agricultural land" means pastures,
rangeland, fencerows, and areas around farm buildings but
not aquatic sites.
(34) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or
not incorporated.
(35) "Pest" means, but is not limited to, any insect,
rodent, nematode, snail, slug, weed, and any form of plant or
animal life or virus, except virus, bacteria, or other microorganisms on or in a living person or other animal or in or on
processed food or beverages or pharmaceuticals, which is
normally considered to be a pest, or which the director may
declare to be a pest.
(36) "Pesticide" means, but is not limited to:
(a) Any substance or mixture of substances intended to
prevent, destroy, control, repel, or mitigate any pest;
(b) Any substance or mixture of substances intended to
be used as a plant regulator, defoliant or desiccant; and
(c) Any spray adjuvant as defined in RCW 15.58.030.
(37) "Plant regulator" means any substance or mixture of
substances intended through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise
alter the behavior of ornamental or crop plants or their produce, but shall not include substances insofar as they are
intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.
(38) "Private applicator" means a certified applicator
who uses or is in direct supervision of the use of any pesticide
(2010 Ed.)
17.21.020
classified by the EPA or the director as a restricted use pesticide, for the purposes of producing any agricultural commodity and for any associated noncrop application on land owned
or rented by the applicator or the applicator’s employer or if
applied without compensation other than trading of personal
services between producers of agricultural commodities on
the land of another person.
(39) "Private-commercial applicator" means a certified
applicator who uses or supervises the use of any pesticide
classified by the EPA or the director as a restricted use pesticide for purposes other than the production of any agricultural commodity on lands owned or rented by the applicator
or the applicator’s employer.
(40) "Rancher private applicator" means a certified
applicator who uses or is in direct supervision, as defined for
private applicators in this section, of the use of any herbicide
or any rodenticide classified by the EPA or the director as a
restricted use pesticide for the purpose of controlling weeds
and pest animals on nonproduction agricultural land and limited production agricultural land owned or rented by the
applicator or the applicator’s employer. Rancher private
applicators may also use restricted use pesticides on timber
areas, excluding aquatic sites, to control weeds designated for
mandatory control under chapters 17.04, 17.06, and 17.10
RCW and state and local regulations adopted under chapters
17.04, 17.06, and 17.10 RCW. A rancher private applicator
may apply restricted use herbicides and rodenticides to the
types of land described in this subsection of another person if
applied without compensation other than trading of personal
services between the applicator and the other person. This
license is only valid when making applications in counties of
Washington located east of the crest of the Cascade mountains.
(41) "Residential property" includes property less than
one acre in size zoned as residential by a city, town, or
county, but does not include property zoned as agricultural or
agricultural homesites.
(42) "Restricted use pesticide" means any pesticide or
device which, when used as directed or in accordance with a
widespread and commonly recognized practice, the director
determines, subsequent to a hearing, requires additional
restrictions for that use to prevent unreasonable adverse
effects on the environment including people, lands, beneficial
insects, animals, crops, and wildlife, other than pests.
(43) "Rodenticide" means any substance or mixture of
substances intended to prevent, destroy, repel, or mitigate
rodents, or any other vertebrate animal which the director
may declare by rule to be a pest.
(44) "School facility" means any facility used for
licensed day care center purposes or for the purposes of a
public kindergarten or public elementary or secondary
school. School facility includes the buildings or structures,
playgrounds, landscape areas, athletic fields, school vehicles,
or any other area of school property.
(45) "Snails or slugs" include all harmful mollusks.
(46) "Unreasonable adverse effects on the environment"
means any unreasonable risk to people or the environment
taking into account the economic, social, and environmental
costs and benefits of the use of any pesticide, or as otherwise
determined by the director.
[Title 17 RCW—page 21]
17.21.030
Title 17 RCW: Weeds, Rodents, and Pests
(47) "Weed" means any plant which grows where it is
not wanted. [2010 1st sp.s. c 7 § 134; 2004 c 100 § 1; 2002 c
122 § 2; (2002 c 122 § 1 expired July 1, 2002); 2001 c 333 §
1; 1994 c 283 § 1; 1992 c 176 § 1; 1989 c 380 § 33; 1979 c 92
§ 1; 1971 ex.s. c 191 § 1; 1967 c 177 § 2; 1961 c 249 § 2.]
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Effective date—2004 c 100: "This act takes effect January 1, 2005."
[2004 c 100 § 7.]
Effective dates—2002 c 122: "(1) Section 1 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [March 26, 2002].
(2) Section 2 of this act takes effect July 1, 2002." [2002 c 122 § 3.]
Expiration date—2002 c 122 § 1: "Section 1 of this act expires July 1,
2002." [2002 c 122 § 4.]
Effective date—2001 c 333: "Except for *section 7 of this act, this act
takes effect July 1, 2002." [2001 c 333 § 6.]
*Reviser’s note: Section 7 of this act was vetoed.
17.21.030 Director’s authority—Rules. The director
shall administer and enforce the provisions of this chapter
and rules adopted under this chapter.
(1) The director may adopt rules:
(a) Governing the loading, mixing, application and use,
or prohibiting the loading, mixing, application, or use of any
pesticide;
(b) Governing the time when, and the conditions under
which restricted use pesticides shall or shall not be used in
different areas as prescribed by the director in the state;
(c) Providing that any or all restricted use pesticides shall
be purchased, possessed or used only under permit of the
director and under the director’s direct supervision in certain
areas and/or under certain conditions or in certain quantities
of concentrations; however, any person licensed to sell such
pesticides may purchase and possess such pesticides without
a permit;
(d) Establishing recordkeeping requirements for licensees, permittees, and certified applicators;
(e) Fixing and collecting examination fees and fees for
recertification course sponsorship;
(f) Establishing testing procedures, licensing classifications, and requirements for licenses and permits, and criteria
for assigning recertification credit to and procedures for
department approval of courses as provided by this chapter;
(g) Concerning training by employers for employees
who mix and load pesticides;
(h) Concerning minimum performance standards for
spray boom and nozzles used in pesticide applications to
minimize spray drift and establishing a list of approved spray
nozzles that meet these standards; and
(i) Fixing and collecting permit fees.
(2) The director may adopt any other rules necessary to
carry out the purpose and provisions of this chapter. [1994 c
283 § 2; 1989 c 380 § 34; 1987 c 45 § 26; 1979 c 92 § 2; 1961
c 249 § 3.]
17.21.030
Additional notes found at www.leg.wa.gov
17.21.040 Rules subject to administrative procedure
act. All rules adopted under the provisions of this chapter
shall be subject to the provisions of chapter 34.05 RCW as
17.21.040
[Title 17 RCW—page 22]
enacted or hereafter amended, concerning the adoption of
rules. [1989 c 380 § 35; 1961 c 249 § 4.]
17.21.050 Hearings—Administrative procedure act.
All hearings for the imposition of a civil penalty and/or the
suspension, denial, or revocation of a license, certification, or
permit issued under the provisions of this chapter shall be
subject to the provisions of chapter 34.05 RCW concerning
adjudicative proceedings. [1994 c 283 § 3. Prior: 1989 c 380
§ 36; 1989 c 175 § 58; 1985 c 158 § 4; 1961 c 249 § 5.]
17.21.050
Additional notes found at www.leg.wa.gov
17.21.060 Subpoenas—Witness fees. The director
may issue subpoenas to compel the attendance of witnesses
and/ or production of books, documents, and records anywhere in the state in any hearing affecting the authority or
privilege granted by a license, certification, or permit issued
under the provisions of this chapter. Witnesses shall be entitled to fees for attendance and travel as provided for in chapter 2.40 RCW as enacted or hereafter amended. [1994 c 283
§ 4; 1961 c 249 § 6.]
17.21.060
17.21.065 Classification of licenses. The director may
classify licenses to be issued under the provisions of this
chapter. These classifications may include but are not limited
to pest control operators, ornamental sprayers, agricultural
crop sprayers or right-of-way sprayers; separate classifications may be specified as to ground, aerial, or manual methods used by any licensee to apply pesticides.
Each such classification shall be subject to separate testing procedures and requirements. No person shall be required
to pay an additional license fee if such person desires to be
licensed in one or all of the license classifications provided
for by the director under the authority of this section, except
as provided for in RCW 17.21.110. [1994 c 283 § 5; 1967 c
177 § 17.]
17.21.065
17.21.070 Commercial pesticide applicator license—
Requirements. It is unlawful for any person to engage in the
business of applying pesticides to the land of another without
a commercial pesticide applicator license. Application for a
commercial applicator license must be accompanied by a fee
of two hundred fifteen dollars and in addition a fee of twentyseven dollars for each apparatus, exclusive of one, used by
the applicant in the application of pesticides. [2008 c 285 §
21; 1997 c 242 § 11; 1994 c 283 § 6; 1993 sp.s. c 19 § 4; 1991
c 109 § 30; 1989 c 380 § 37; 1981 c 297 § 21; 1967 c 177 §
3; 1961 c 249 § 7.]
17.21.070
Effective date—2008 c 285 §§ 15-26: See note following RCW
15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW
43.22.434.
Additional notes found at www.leg.wa.gov
17.21.080 Commercial pesticide applicator license—
Application—Form. Application for a commercial pesticide applicator license provided for in RCW 17.21.070 shall
be on a form prescribed by the director.
(1) The application shall include the following information:
17.21.080
(2010 Ed.)
Washington Pesticide Application Act
(a) The full name of the individual applying for such
license.
(b) The full name of the business the individual represents with the license.
(c) If the applicant is an individual, receiver, trustee,
firm, partnership, association, corporation, or any other organized group of persons whether incorporated or not, the full
name of each member of the firm or partnership, or the names
of the officers of the association, corporation or group.
(d) The principal business address of the applicant in the
state or elsewhere.
(e) The name of a person whose domicile is in the state,
and who is authorized to receive and accept services of summons and legal notice of all kinds for the applicant.
(f) The model, make, horsepower, and size of any apparatus used by the applicant to apply pesticides.
(g) License classification or classifications for which the
applicant is applying.
(h) A list of the names of individuals allowed to apply
pesticides under the authority of the commercial applicator’s
license.
(i) Any other necessary information prescribed by the
director.
(2) Any changes to the information provided on the prescribed commercial applicator form shall be reported by the
business to the department within thirty days of the change.
[1994 c 283 § 7; 1989 c 380 § 38; 1967 c 177 § 4; 1961 c 249
§ 8.]
17.21.091 Commercial pesticide applicator license—
Persons who may apply under license authority. (1) No
commercial pesticide applicator shall allow a person to apply
pesticides under the authority of the commercial pesticide
applicator’s license unless the commercial pesticide applicator has, by mail or facsimile transmissions, submitted the
name to the department on a form prescribed by the department as provided in RCW 17.21.080(2). The department
shall maintain a list for each commercial pesticide applicator
of persons authorized to apply pesticides under the authority
of the commercial pesticide applicator’s license.
(2) Violations of this chapter by a person acting as an
employee, agent, or otherwise acting on behalf of or under
the license authority of a commercial pesticide applicator,
may, in the discretion of the department, be treated as a violation by the commercial pesticide applicator. [1994 c 283 §
8.]
17.21.091
17.21.100 Recordkeeping by licensees and agricultural users. (1) Certified applicators licensed under the provisions of this chapter, persons required to be licensed under
this chapter, all persons applying pesticides to more than one
acre of agricultural land in a calendar year, including public
entities engaged in roadside spraying of pesticides, and all
other persons making landscape applications of pesticides to
types of property listed in RCW 17.21.410(1) (b), (c), (d),
and (e), shall keep records for each application which shall
include the following information:
(a) The location of the land where the pesticide was
applied;
17.21.100
(2010 Ed.)
17.21.100
(b) The year, month, day and beginning and ending time
of the application of the pesticide each day the pesticide was
applied;
(c) The product name used on the registered label and the
United States environmental protection agency registration
number, if applicable, of the pesticide which was applied;
(d) The crop or site to which the pesticide was applied;
(e) The amount of pesticide applied per acre or other
appropriate measure;
(f) The concentration of pesticide that was applied;
(g) The number of acres, or other appropriate measure, to
which the pesticide was applied;
(h) The licensed applicator’s name, address, and telephone number and the name of the individual or individuals
making the application and their license number, if applicable;
(i) The direction and estimated velocity of the wind during the time the pesticide was applied. This subsection (i)
shall not apply to applications of baits in bait stations and
pesticide applications within structures; and
(j) Any other reasonable information required by the
director in rule.
(2)(a) The required information shall be recorded on the
same day that a pesticide is applied.
(b) A commercial pesticide applicator who applies a pesticide to an agricultural crop or agricultural lands shall provide a copy of the records required under subsection (1) of
this section for the application to the owner, or to the lessee if
applied on behalf of the lessee, of the lands to which the pesticide is applied. Records provided by a commercial pesticide
applicator to the owner or lessee of agricultural lands under
this subsection need not be provided on a form adopted by the
department.
(3) The records required under this section shall be maintained and preserved by the licensed pesticide applicator or
such other person or entity applying the pesticides for no less
than seven years from the date of the application of the pesticide to which such records refer. If the pesticide was applied
by a commercial pesticide applicator to the agricultural crop
or agricultural lands of a person who employs one or more
employees, as "employee" is defined in RCW 49.70.020, the
records shall also be kept by the employer for a period of
seven years from the date of the application of the pesticide to
which the records refer.
(4)(a) The pesticide records shall be readily accessible to
the department for inspection. Copies of the records shall be
provided on request to: The department; the department of
labor and industries; treating health care personnel initiating
diagnostic testing or therapy for a patient with a suspected
case of pesticide poisoning; the department of health; the
*pesticide incident reporting and tracking review panel; and,
in the case of an industrial insurance claim filed under Title
51 RCW with the department of labor and industries, the
employee or the employee’s designated representative. In
addition, the director may require the submission of the
records on a routine basis within thirty days of the application
of any restricted use pesticide in prescribed areas controlling
the use of the restricted use pesticide. When a request for
records is made under this subsection by treating health care
personnel and the record is required for determining treatment, copies of the record shall be provided immediately. For
[Title 17 RCW—page 23]
17.21.110
Title 17 RCW: Weeds, Rodents, and Pests
all other requests, copies of the record shall be provided
within seventy-two hours.
(b) Copies of records provided to a person or entity
under this subsection (4) shall, if so requested, be provided on
a form adopted under subsection (7) of this section. Information for treating health care personnel shall be made immediately available by telephone, if requested, with a copy of the
records provided within twenty-four hours.
(5) If a request for a copy of the record is made under this
section from an applicator referred to in subsection (1) of this
section and the applicator refuses to provide a copy, the
requester may notify the department of the request and the
applicator’s refusal. Within seven working days, the department shall request that the applicator provide the department
with all pertinent copies of the records, except that in a medical emergency the request shall be made within two working
days. The applicator shall provide copies of the records to the
department within twenty-four hours after the department’s
request.
(6) The department shall include inspection of the
records required under this section as part of any on-site
inspection conducted under this chapter on agricultural lands.
The inspection shall determine whether the records are
readily transferable to a form adopted by the department and
are readily accessible to employees. However, no person subject to a department inspection may be inspected under this
subsection (6) more than once in any calendar year, unless a
previous inspection has found recordkeeping violations. If
recordkeeping violations are found, the department may conduct reasonable multiple inspections, pursuant to rules
adopted by the department. Nothing in this subsection (6)
limits the department’s inspection of records pertaining to
pesticide-related injuries, illnesses, fatalities, accidents, or
complaints.
(7) The department of agriculture and the department of
labor and industries shall jointly adopt, by rule, forms that
satisfy the information requirements of this section. [1994 c
283 § 9; 1992 c 173 § 1; 1989 c 380 § 39; 1987 c 45 § 28;
1971 ex.s. c 191 § 3; 1961 c 249 § 10.]
*Reviser’s note: The "pesticide incident reporting and tracking review
panel" was eliminated pursuant to 2010 1st sp.s. c 7 § 132.
Additional notes found at www.leg.wa.gov
17.21.110 Commercial pesticide operator license—
Requirements. It is unlawful for any person to act as an
employee of a commercial pesticide applicator and apply
pesticides manually or as the operator directly in charge of
any apparatus which is licensed or should be licensed under
this chapter for the application of any pesticide, without having obtained a commercial pesticide operator license from the
director. The commercial pesticide operator license is in
addition to any other license or permit required by law for the
operation or use of any such apparatus. Application for a
commercial operator license must be accompanied by a fee of
sixty-seven dollars. This section does not apply to any individual who is a licensed commercial pesticide applicator.
[2008 c 285 § 22; 1997 c 242 § 12; 1994 c 283 § 10; 1993
sp.s. c 19 § 5; 1992 c 170 § 5; 1991 c 109 § 31; 1989 c 380 §
40; 1981 c 297 § 22; 1967 c 177 § 6; 1961 c 249 § 11.]
17.21.110
Effective date—2008 c 285 §§ 15-26: See note following RCW
15.58.070.
[Title 17 RCW—page 24]
Intent—Captions not law—2008 c 285: See notes following RCW
43.22.434.
Additional notes found at www.leg.wa.gov
17.21.122
17.21.122 Private-commercial pesticide applicator
license—Requirements. It is unlawful for any person to act
as a private-commercial pesticide applicator without having
obtained a private-commercial pesticide applicator license
from the director. Application for a private-commercial pesticide applicator license must be accompanied by a fee of
thirty-three dollars. [2008 c 285 § 23; 1997 c 242 § 13; 1994
c 283 § 11; 1993 sp.s. c 19 § 6; 1992 c 170 § 6; 1991 c 109 §
32; 1989 c 380 § 41; 1979 c 92 § 6.]
Effective date—2008 c 285 §§ 15-26: See note following RCW
15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW
43.22.434.
Additional notes found at www.leg.wa.gov
17.21.126
17.21.126 Private applicator, limited private applicator, or rancher private applicator—Requirements—
Application for license—Fees. It is unlawful for any person
to act as a private applicator, limited private applicator, or
rancher private applicator without first complying with
requirements determined by the director as necessary to prevent unreasonable adverse effects on the environment,
including injury to the pesticide applicator or other persons,
for each specific pesticide use.
(1) Certification standards to determine the individual’s
competency with respect to the use and handling of the pesticide or class of pesticides for which the private applicator,
limited private applicator, or rancher private applicator is certified must be relative to hazards of the particular type of
application, class of pesticides, or handling procedure. In
determining these standards the director must take into consideration standards of the EPA and is authorized to adopt
these standards by rule.
(2) Application for a private applicator or a limited private applicator license must be accompanied by a fee of
thirty-three dollars. Application for a rancher private applicator license must be accompanied by a fee of one hundred
dollars. Individuals with a valid certified applicator license,
pest control consultant license, or dealer manager license
who qualify in the appropriate statewide or agricultural
license categories are exempt from the private applicator,
limited private applicator, or rancher private applicator fee
requirements. However, licensed public pesticide operators,
otherwise exempted from the public pesticide operator
license fee requirement, are not also exempted from the fee
requirements under this subsection. [2008 c 285 § 24; 2004 c
100 § 2; 1997 c 242 § 14; 1994 c 283 § 12; 1993 sp.s. c 19 §
7; 1992 c 170 § 7; 1991 c 109 § 33; 1989 c 380 § 42; 1979 c
92 § 8.]
Effective date—2008 c 285 §§ 15-26: See note following RCW
15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW
43.22.434.
Effective date—2004 c 100: See note following RCW 17.21.020.
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Washington Pesticide Application Act
17.21.128 Renewal of certificate or license—Recertification standards. (1) The director may renew any certification or license issued under authority of this chapter subject
to the recertification standards identified in subsection (2) of
this section or an examination requiring new knowledge that
may be required to apply pesticides.
(2) Except as provided in subsection (3) of this section,
all individuals licensed under this chapter shall meet the
recertification standards identified in (a) or (b) of this subsection, every five years, in order to qualify for continuing licensure.
(a) Licensed pesticide applicators may qualify for continued licensure through accumulation of recertification credits.
(i) Private applicators shall accumulate a minimum of
twenty department-approved credits every five years with no
more than ten credits allowed per year;
(ii) Limited private applicators shall accumulate a minimum of eight department-approved credits every five years.
All credits must be applicable to the control of weeds with at
least one-half of the credits directly related to weed control
and the remaining credits in topic areas indirectly related to
weed control, such as the safe and legal use of pesticides;
(iii) Rancher private applicators shall accumulate a minimum of twelve department-approved credits every five
years;
(iv) All other license types established under this chapter
shall accumulate a minimum of forty department-approved
credits every five years with no more than fifteen credits
allowed per year.
(b) Certified pesticide applicators may qualify for continued licensure through meeting the examination requirements necessary to become licensed in those areas in which
the licensee operates.
(3) At the termination of a licensee’s five-year recertification period, the director may waive the requirements identified in subsection (2) of this section if the licensee can demonstrate that he or she is meeting comparable recertification
standards through another state or jurisdiction or through a
federal environmental protection agency approved government agency plan. [2005 c 397 § 1; 2004 c 100 § 3; 1994 c
283 § 13; 1986 c 203 § 9; 1979 c 92 § 9.]
17.21.128
Effective date—2004 c 100: See note following RCW 17.21.020.
Additional notes found at www.leg.wa.gov
17.21.129 Demonstration and research license—
Requirements. Except as provided in RCW 17.21.203, it is
unlawful for a person to use or supervise the use of any experimental use pesticide or any restricted use pesticide on small
experimental plots for research purposes when no charge is
made for the pesticide and its application without a demonstration and research applicator’s license.
(1) Application for a demonstration and research license
must be accompanied by a fee of thirty-three dollars.
(2) Persons licensed under this section are exempt from
the requirements of RCW 17.21.160, 17.21.170, and
17.21.180. [2008 c 285 § 25; 1997 c 242 § 15; 1994 c 283 §
14; 1993 sp.s. c 19 § 8; 1992 c 170 § 8; 1991 c 109 § 34; 1989
c 380 § 43; 1987 c 45 § 30; 1981 c 297 § 26.]
17.21.129
Effective date—2008 c 285 §§ 15-26: See note following RCW
15.58.070.
(2010 Ed.)
17.21.132
Intent—Captions not law—2008 c 285: See notes following RCW
43.22.434.
Additional notes found at www.leg.wa.gov
17.21.130 Revocation, suspension, or denial. Any
license, permit, or certification provided for in this chapter
may be revoked or suspended, and any license, permit, or certification application may be denied by the director for cause.
If the director suspends a license under this chapter with
respect to activity of a continuing nature under chapter 34.05
RCW, the director may elect to suspend the license for a subsequent license year during a period that coincides with the
period commencing thirty days before and ending thirty days
after the date of the incident or incidents giving rise to the
violation.
The director shall immediately suspend the license or
certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support
order or a *residential or visitation order. If the person has
continued to meet all other requirements for reinstatement
during the suspension, reissuance of the license or certificate
shall be automatic upon the director’s receipt of a release
issued by the department of social and health services stating
that the licensee is in compliance with the order. [1997 c 58
§ 877; 1994 c 283 § 15; 1989 c 380 § 46; 1986 c 203 § 10;
1961 c 249 § 13.]
17.21.130
*Reviser’s note: 1997 c 58 § 886 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Additional notes found at www.leg.wa.gov
17.21.132 License, certification—Applications—
Expiration dates. Any person applying for a license or certification authorized under the provisions of this chapter shall
file an application on a form prescribed by the director.
(1) The application shall state the license or certification
and the classification(s) for which the applicant is applying
and the method in which the pesticides are to be applied.
(2) For all classes of licenses except private applicator,
limited private applicator, and rancher private applicator, all
applicants shall be at least eighteen years of age on the date
that the application is made. Applicants for a private applicator, limited private applicator, or rancher private applicator
license shall be at least sixteen years of age on the date that
the application is made.
(3) Application for a license to apply pesticides shall be
accompanied by the required fee. No license may be issued
until the required fee has been received by the department.
(4) Each classification of license issued under this chapter except the limited private applicator and the rancher private applicator expires annually on a date set by rule by the
director. Limited and rancher private applicator licenses
expire on the fifth December 31st after issuance. Renewal
applications shall be filed on or before the applicable expiration date. [2004 c 100 § 4; 1997 c 242 § 16; 1994 c 283 § 16;
1991 c 109 § 35; 1989 c 380 § 44.]
17.21.132
[Title 17 RCW—page 25]
17.21.134
Title 17 RCW: Weeds, Rodents, and Pests
Effective date—2004 c 100: See note following RCW 17.21.020.
17.21.134 Licenses—Examination requirements. (1)
The director shall not issue a commercial pesticide applicator
license until the applicant, if he or she is the sole owner and
manager of the business has passed examinations in all classifications that the business operates. If there is more than
one owner or the owner does not participate in the pesticide
application activities, the person managing the pesticide
application activities of the business shall be licensed in all
classifications that the business operates. The director shall
not issue a commercial pesticide operator, public operator,
private commercial applicator, or demonstration and research
applicator license until the applicant has passed an examination demonstrating knowledge of:
(a) How to apply pesticides under the classification for
which he or she has applied, manually or with the various
apparatuses that he or she may operate;
(b) The nature and effect of pesticides he or she may
apply under such classifications; and
(c) Any other matter the director determines to be a necessary subject for examination.
(2) The director shall charge an examination fee established by rule when an examination is necessary before a
license may be issued or when application for such license
and examination is made at other than a regularly scheduled
examination date.
(3) The director may prescribe separate testing procedures and requirements for each license. [1994 c 283 § 17;
1989 c 380 § 45.]
17.21.134
17.21.140 Renewal—Delinquency. (1) If the application for renewal of any license provided for in this chapter is
not filed on or prior to the expiration date of the license under
this chapter or as set by rule by the director, a penalty of
twenty-five dollars for the commercial pesticide applicator’s
license and the rancher private applicator license, and a penalty equivalent to the license fee for any other license, shall
be assessed and added to the original fee and shall be paid by
the applicant before the renewal license is issued. However,
the penalty does not apply if the applicant furnishes an affidavit certifying that he or she has not acted as a licensee subsequent to the expiration of the license.
(2) Any license for which a timely renewal application
has been made, all other requirements have been met, and the
proper fee paid, continues in full force and effect until the
director notifies the applicant that the license has been
renewed or the application has been denied. [2004 c 100 § 5;
1991 c 109 § 36; 1989 c 380 § 47; 1961 c 249 § 14.]
17.21.140
Effective date—2004 c 100: See note following RCW 17.21.020.
17.21.150 Violation of chapter—Unlawful acts. A
person who has committed any of the following acts is
declared to be in violation of this chapter:
(1) Made false or fraudulent claims through any media,
misrepresenting the effect of materials or methods to be utilized;
(2) Applied worthless or improper pesticides;
(3) Operated a faulty or unsafe apparatus;
(4) Operated in a faulty, careless, or negligent manner;
17.21.150
[Title 17 RCW—page 26]
(5) Refused or neglected to comply with the provisions
of this chapter, the rules adopted hereunder, or of any lawful
order of the director including a final order of the director
directing payment of a civil penalty. In an adjudicative proceeding arising from the department’s denial of a license for
failure to pay a civil penalty the subject shall be limited to
whether the payment was made and the proceeding may not
be used to collaterally attack the final order;
(6) Refused or neglected to keep and maintain the pesticide application records required by rule, or to make reports
when and as required;
(7) Made false or fraudulent records, invoices, or reports;
(8) Acted as a certified applicator without having provided direct supervision to an unlicensed person as defined in
*RCW 17.21.020(12);
(9) Operated an unlicensed apparatus or an apparatus
without a license plate issued for that particular apparatus;
(10) Used fraud or misrepresentation in making an application for a license or renewal of a license;
(11) Is not qualified to perform the type of pest control
under the conditions and in the locality in which he or she
operates or has operated, regardless of whether or not he or
she has previously passed a pesticide license examination;
(12) Aided or abetted a licensed or an unlicensed person
to evade the provisions of this chapter, combined or conspired with such a licensed or an unlicensed person to evade
the provisions of this chapter, or allowed one’s license to be
used by an unlicensed person;
(13) Knowingly made false, misleading or erroneous
statements or reports during or after an inspection concerning
any infestation or infection of pests found on land or in connection with any pesticide complaint or investigation;
(14) Impersonated any state, county or city inspector or
official;
(15) Applied a restricted use pesticide without having a
certified applicator in direct supervision;
(16) Operated a commercial pesticide application business: (a) Without an individual licensed as a commercial pesticide applicator or (b) with a licensed commercial pesticide
applicator not licensed in the classification or classifications
in which the business operates; or
(17) Operated as a commercial pesticide applicator without meeting the financial responsibility requirements including not having a properly executed financial responsibility
insurance certificate or surety bond form on file with the
department. [1994 c 283 § 18; 1989 c 380 § 48; 1971 ex.s. c
191 § 4; 1967 c 177 § 8; 1961 c 249 § 15.]
*Reviser’s note: RCW 17.21.020 was amended by 2001 c 333 § 1,
changing subsection (12) to subsection (13).
17.21.160 Commercial pesticide applicator license—
Financial responsibility. The director shall not issue a commercial pesticide applicator license until the applicant has
furnished evidence of financial responsibility.
(1) Evidence of financial responsibility shall consist of
either a surety bond; or a liability insurance policy or certification thereof, protecting persons who may suffer legal damages as a result of the operations of the applicant. The surety
bond or liability insurance policy need not apply to damages
or injury to agricultural crops, plants or land being worked
upon by the applicant. The director shall not accept a surety
17.21.160
(2010 Ed.)
Washington Pesticide Application Act
bond or liability insurance policy except from authorized
insurers in this state or if placed as a surplus line as provided
for in chapter 48.15 RCW.
(2) Evidence of financial responsibility shall be supplied
to the department on a financial responsibility insurance certificate or surety bond form (blank forms supplied by the
department to the applicant). [1994 c 283 § 19; 1989 c 380 §
49; 1967 c 177 § 9; 1961 c 249 § 16.]
17.21.170 Commercial pesticide applicator license—
Amount of bond or insurance required—Notice of reduction or cancellation by surety or insurer. The following
requirements apply to the amount of bond or insurance
required for commercial applicators:
(1) The amount of the surety bond or liability insurance,
as provided for in RCW 17.21.160, shall be not less than fifty
thousand dollars for property damage and public liability
insurance, each separately, and including loss or damage arising out of the actual use of any pesticide. The surety bond or
liability insurance shall be maintained at not less than that
sum at all times during the licensed period.
(2) The property damage portion of this requirement may
be waived by the director if it can be demonstrated by the
applicant that all applications performed under this license
occur under confined circumstances and on property owned
or leased by the applicant.
(3) The director shall be notified ten days before any
reduction of insurance coverage at the request of the applicant or cancellation of the surety bond or liability insurance
by the surety or insurer and by the insured.
(4) The total and aggregate of the surety and insurer for
all claims is limited to the face of the bond or liability insurance policy. The director may accept a liability insurance policy or surety bond in the proper sum which has a deductible
clause in an amount not exceeding five thousand dollars for
all applicators for the total amount of liability insurance or
surety bond required by this section, but if the applicant has
not satisfied the requirement of the deductible amount in any
prior legal claim the deductible clause shall not be accepted
by the director unless the applicant furnishes the director with
a surety bond or liability insurance which shall satisfy the
amount of the deductible as to all claims that may arise in his
application of pesticides. [1994 c 283 § 20; 1983 c 95 § 7;
1967 c 177 § 10; 1963 c 107 § 1; 1961 c 249 § 17.]
17.21.170
17.21.180 Commercial pesticide applicator license—
Suspension of license for failure to meet financial responsibility criteria. The commercial pesticide applicator license
shall, whenever the licensee’s surety bond or insurance policy is reduced below the requirements of RCW 17.21.170 or
whenever the commercial applicator has not supplied evidence of financial responsibility, as required by RCW
17.21.160 and 17.21.170, by the expiration date of the previous policy or surety bond, be automatically suspended until
such licensee’s surety bond or insurance policy again meets
the requirements of RCW 17.21.170. In addition, the director
may pick up such licensee’s license plates during such period
of automatic suspension and return them only at such time as
the licensee has furnished written proof that he or she is in
compliance with the provisions of RCW 17.21.170. [1994 c
17.21.180
(2010 Ed.)
17.21.200
283 § 21; 1989 c 380 § 50; 1987 c 45 § 31; 1967 c 177 § 11;
1961 c 249 § 18.]
Additional notes found at www.leg.wa.gov
17.21.190 Damages due to use or application of pesticide—Report of loss required. Any person suffering property loss or damage resulting from the use or application by
others of any pesticide shall file with the director a verified
report of loss.
(1) The report shall set forth, so far as known to the
claimant, the following:
(a) The name and address of the claimant;
(b) The type, kind, property alleged to be injured or damaged;
(c) The name of the person applying the pesticide and
allegedly responsible; and
(d) The name of the owner or occupant of the property
for whom such application of the pesticide was made.
(2) The report shall be filed within thirty days from the
time that the property loss or damage becomes known to the
claimant. If a growing crop is alleged to have been damaged,
the report shall be filed prior to harvest of fifty percent of that
crop, unless the loss or damage was not then known. The
department shall establish time periods by rule to determine
investigation response time. Time periods shall range from
immediate to forty-eight hours to initiate an investigation,
depending on the severity of the damage.
(3) Any person filing a report of loss under this section
shall cooperate with the department in conducting an investigation of such a report and shall provide the department or
authorized representatives of the department access to any
affected property and any other necessary information relevant to the report. If a claimant refuses to cooperate with the
department, the report shall not be acted on by the department.
(4) The filing of a report or the failure to file a report
need not be alleged in any complaint which might be filed in
a court of law, and the failure to file the report shall not be
considered any bar to the maintenance of any criminal or civil
action.
(5) The failure to file a report shall not be a violation of
this chapter. However, if the person failing to file such report
is the only one suffering loss from such use or application of
a pesticide by a pesticide applicator or operator, the director
may refuse to act upon the complaint. [1994 c 283 § 22; 1991
c 263 § 1; 1989 c 380 § 51; 1961 c 249 § 19.]
17.21.190
17.21.200 Commercial pesticide applicator license—
Exemptions. The provisions of this chapter relating to commercial pesticide applicator licenses and requirements for
their issuance shall not apply to:
(1) Any forest landowner, or his or her employees,
applying pesticides with ground apparatus or manually, on
his or her own lands or any lands or rights-of-way under his
or her control; or
(2) Any farmer owner of ground apparatus applying pesticides for himself or herself or if applied on an occasional
basis not amounting to a principal or regular occupation without compensation other than trading of personal services
17.21.200
[Title 17 RCW—page 27]
17.21.203
Title 17 RCW: Weeds, Rodents, and Pests
between producers of agricultural commodities on the land of
another person; or
(3) Any grounds maintenance person conducting
grounds maintenance on an occasional basis not amounting
to a regular occupation; or
(4) Persons who apply pesticides as an incidental part of
their business, such as dog grooming services or such other
businesses as shall be identified by the director.
However, persons exempt under this section shall not
use restricted use pesticides and shall not advertise or publicly hold themselves out as pesticide applicators. [1994 c
283 § 23; 1992 c 170 § 9; 1989 c 380 § 52; 1979 c 92 § 3;
1971 ex.s. c 191 § 5; 1967 c 177 § 12; 1961 c 249 § 20.]
tures. (1) Except as provided in subsection (2) of this section, all moneys collected under the provisions of this chapter
shall be paid to the director and deposited in the agricultural
local fund, RCW 43.23.230, for use exclusively in the
enforcement of this chapter.
(2) All moneys collected for civil penalties levied under
RCW 17.21.315 shall be deposited in the state general fund.
All fees, fines, forfeitures and penalties collected or assessed
by a district court because of the violation of a state law shall
be remitted as provided in chapter 3.62 RCW. [1997 c 242 §
18; 1994 c 283 § 29; 1989 c 380 § 59; 1987 c 202 § 183; 1969
ex.s. c 199 § 15; 1961 c 249 § 28.]
17.21.203 Government research personnel—
Requirements. The licensing provisions of this chapter shall
not apply to research personnel of federal, state, county, or
municipal agencies when performing pesticide research in
their official capacities, however when such persons are
applying restricted use pesticides, they shall be licensed as
public operators. [1994 c 283 § 24; 1981 c 297 § 23; 1979 c
92 § 4; 1971 ex.s. c 191 § 9.]
17.21.290 Pesticide application apparatuses—
License plate as identification. All licensed apparatuses
shall be identified by a license plate furnished by the director,
at no cost to the licensee, which plate shall be affixed in a
location and manner upon such apparatus as prescribed in
rule. [1994 c 283 § 30; 1989 c 380 § 60; 1967 c 177 § 15;
1961 c 249 § 29.]
17.21.203
Additional notes found at www.leg.wa.gov
17.21.220 Application of chapter to governmental
entities—Public operator license required—Exemption—
Liability. (1) All state agencies, municipal corporations, and
public utilities or any other governmental agencies are subject to this chapter and its rules.
(2) It is unlawful for any employee of a state agency,
municipal corporation, public utility, or any other government agency to use or to supervise the use of any restricted
use pesticide, or any pesticide by means of an apparatus,
without having obtained a public operator license from the
director. Application for a public operator license must be
accompanied by a fee of thirty-three dollars. The fee does not
apply to public operators licensed and working in the health
vector field. The public operator license is valid only when
the operator is acting as an employee of a government
agency.
(3) The jurisdictional health officer or his or her duly
authorized representative is exempt from this licensing provision when applying pesticides that are not restricted use pesticides to control pests other than weeds.
(4) Agencies, municipal corporations, and public utilities
are subject to legal recourse by any person damaged by such
application of any pesticide, and action may be brought in the
county where the damage or some part of the damage
occurred. [2008 c 285 § 26; 1997 c 242 § 17; 1994 c 283 §
25; 1993 sp.s. c 19 § 9; 1991 c 109 § 37; 1989 c 380 § 53;
1986 c 203 § 11; 1981 c 297 § 24; 1971 ex.s. c 191 § 7; 1967
c 177 § 13; 1961 c 249 § 22.]
17.21.220
Effective date—2008 c 285 §§ 15-26: See note following RCW
15.58.070.
Intent—Captions not law—2008 c 285: See notes following RCW
43.22.434.
Additional notes found at www.leg.wa.gov
17.21.280 Disposition of revenue, enforcement of
chapter—District court fees, fines, penalties and forfei17.21.280
[Title 17 RCW—page 28]
Intent—1987 c 202: See note following RCW 2.04.190.
17.21.290
17.21.300 Agreements with other governmental entities. The director is authorized to cooperate with and enter
into agreements with any other agency of the state, the United
States, and any other state or agency thereof for the purpose
of carrying out the provisions of this chapter and securing
uniformity of regulation. [1961 c 249 § 30.]
17.21.300
17.21.305 Licensing by cities of first class and counties. The provisions of this chapter requiring all structural
pest control operators, exterminators and fumigators to
license with the department shall not preclude a city of the
first class with a population of one hundred thousand people
or more, or the county in which it is situated, from also licensing structural pest control operators, exterminators and fumigators operating within the territorial confines of said city or
county: PROVIDED, That when structural pest control operators, exterminators and fumigators are licensed by both the
city of the first class and the county in which the city is situated, and there exists a joint county-city health department,
then the joint county-city health department may enforce the
provisions of the city and county as to the license requirements for the structural pest control operators, exterminators
and fumigators. [1986 c 203 § 12; 1967 c 177 § 19.]
17.21.305
Additional notes found at www.leg.wa.gov
17.21.310 General penalty. (1) Except as provided in
subsection (2) of this section, any person who violates any
provisions or requirements of this chapter or rules adopted
hereunder is guilty of a misdemeanor.
(2) A second or subsequent offense is a gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense. [2003
c 53 § 118; 1967 c 177 § 16; 1961 c 249 § 34.]
17.21.310
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
17.21.315 Civil penalty for failure to comply with
chapter. Every person who fails to comply with this chapter
17.21.315
(2010 Ed.)
Washington Pesticide Application Act
or the rules adopted under it may be subjected to a civil penalty, as determined by the director, in an amount of not more
than seven thousand five hundred dollars for every such violation. Each and every such violation shall be a separate and
distinct offense. Every person who, through an act of commission or omission, procures, aids, or abets in the violation
shall be considered to have violated this section and may be
subject to the civil penalty herein provided. [1989 c 380 § 61;
1985 c 158 § 3.]
17.21.320 Access to public or private premises—
Search warrants—Prosecuting attorney’s duties—
Injunctions. (1) For purpose of carrying out the provisions
of this chapter the director may enter upon any public or private premises at reasonable times, in order:
(a) To have access for the purpose of inspecting any
equipment subject to this chapter and such premises on which
such equipment is kept or stored;
(b) To inspect lands actually or reported to be exposed to
pesticides;
(c) To inspect storage or disposal areas;
(d) To inspect or investigate complaints of injury to
humans or land; or
(e) To sample pesticides being applied or to be applied.
(2) Should the director be denied access to any land
where such access was sought for the purposes set forth in
this chapter, the director may apply to any court of competent
jurisdiction for a search warrant authorizing access to such
land for said purposes. The court may upon such application,
issue the search warrant for the purposes requested.
(3) It shall be the duty of each prosecuting attorney to
whom any violation of this chapter is reported, to cause
appropriate proceedings to be instituted and prosecuted in a
court of competent jurisdiction without delay.
(4) The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or
any rule made pursuant to this chapter in the superior court of
the county in which such violation occurs or is about to occur.
[1989 c 380 § 62; 1971 ex.s. c 191 § 10.]
17.21.320
17.21.340 Violation of chapter—Remedies. (1) A person aggrieved by a violation of this chapter or the rules
adopted under this chapter:
(a) May request an inspection of the area in which the
violation is believed to have occurred. If there are reasonable
grounds to believe that a violation has occurred, the department shall conduct an inspection as soon as practicable.
However, the director may refuse to act on a request for
inspection concerning only property loss or damage if the
person suffering property damage fails to file a timely report
of loss under RCW 17.21.190. If an inspection is conducted,
the person requesting the inspection shall:
(i) Be promptly notified in writing of the department’s
decision concerning the assessment of any penalty pursuant
to the inspection; and
(ii) Be entitled, on request, to have his or her name protected from disclosure in any communication with persons
outside the department and in any record published, released,
or made available pursuant to this chapter: PROVIDED,
That in any appeal proceeding the identity of the aggrieved
17.21.340
(2010 Ed.)
17.21.400
person who requests the inspection shall be disclosed to the
alleged violator of the act upon request of the alleged violator;
(b) Shall be notified promptly, on written application to
the director, of any penalty or other action taken by the
department pursuant to an investigation of the violation under
this chapter; and
(c) May request, within ten days from the service of a
final order fixing a penalty for the violation, that the director
reconsider the entire matter if it is alleged that the penalty is
inappropriate. If the person is aggrieved by a decision of the
director on reconsideration, the person may request an adjudicative proceeding under chapter 34.05 RCW. However, the
procedures for a brief adjudicative proceeding may not be
used unless agreed to by the person requesting the adjudicative proceeding. During the adjudicative proceeding under
(c) of this subsection, the presiding officer shall consider the
interests of the person requesting the adjudicative proceeding.
(2) Nothing in this chapter shall preclude any person
aggrieved by a violation of this chapter from bringing suit in
a court of competent jurisdiction for damages arising from
the violation. [1989 c 380 § 63.]
17.21.350
17.21.350 Report to legislature. By February 1st of
each year the department shall report to the appropriate committees of the house of representatives and the senate on the
activities of the department under this chapter. The report
shall include, at a minimum: (1) A review of the department’s pesticide incident investigation and enforcement
activities, with the number of cases investigated and the number and amount of civil penalties assessed; and (2) a summary
of the pesticide residue food monitoring program with information on the food samples tested and results of the tests, a
listing of the pesticides for which testing is done, and other
pertinent information. [1997 c 242 § 19; 1989 c 380 § 64.]
17.21.400
17.21.400 Landscape or right-of-way applications—
Notice. (1)(a) A certified applicator making a landscape
application shall display the name and telephone number of
the applicator or the applicator’s employer on any power
application apparatus. The applicator shall also carry the
material safety data sheet for each pesticide being applied.
(b) A certified applicator making a right-of-way application shall display the name and telephone number of the
applicator or the applicator’s employer and the words "VEGETATION MANAGEMENT APPLICATION" on any
power application apparatus. The applicator shall also carry
the material safety data sheet for each pesticide being
applied.
(2) If a certified applicator receives a written request for
information on a landscape or right-of-way spray application,
the applicator shall provide the requestor with the name or
names of each pesticide applied and (a) a copy of the material
safety data sheet for each pesticide; or (b) a pesticide fact
sheet for each pesticide as developed or approved by the
department.
(3) The director shall adopt rules establishing the size
and lettering requirements of the apparatus display signs
[Title 17 RCW—page 29]
17.21.410
Title 17 RCW: Weeds, Rodents, and Pests
required under this section. [1994 c 283 § 32; 1992 c 176 §
2.]
17.21.410 Landscape applications—Marking of
property, posting requirements. (1) A certified applicator
making a landscape application to:
(a) Residential property shall at the time of the application place a marker at the usual point of entry to the property.
If the application is made to an isolated spot that is not a substantial portion of the property, the applicator shall only be
required to place a marker at the application site. If the application is in a fenced or otherwise isolated backyard, no
marker is required.
(b) Commercial properties such as apartments or shopping centers shall at the time of application place a marker in
a conspicuous location at or near each site being treated.
(c) A golf course shall at the time of the application place
a marker at the first tee and tenth tee or post the information
in a conspicuous location such as on a central message board.
(d) A school, nursery school, or licensed day care shall at
the time of the application place a marker at each primary
point of entry to the school grounds. A school employee making an application to a school facility shall comply with the
posting requirements in RCW 17.21.415.
(e) A park, cemetery, rest stop, or similar property as
may be defined in rule shall at the time of the application
place a marker at each primary point of entry.
(2) An individual making a landscape application to a
school grounds, nursery school, or licensed day care, and not
otherwise covered by subsection (1) of this section, shall at
the time of the application place a marker at each primary
point of entry to the school grounds.
(3) The marker shall be a minimum of four inches by five
inches. It shall have the words: "THIS LANDSCAPE HAS
BEEN TREATED BY" as the headline and "FOR MORE
INFORMATION PLEASE CALL" as the footer. Larger size
requirements for markers may be established in rule for specific applications. The company name and service mark shall
be included between the headline and the footer on a marker
placed by a commercial applicator. The applicator’s telephone number where information can be obtained about the
application shall be included in the footer of the marker.
Markers shall be printed in colors contrasting to the background.
(4) The property owner or tenant shall remove the
marker according to the schedule established in rule. A certified applicator or individual who complies with this section is
not liable for the removal of markers by unauthorized persons
or removal outside the designated removal time.
(5) A certified applicator or individual who complies
with this section cannot be held liable for personal property
damage or bodily injury resulting from markers that are
placed as required. [2001 c 333 § 2; 1994 c 283 § 33; 1992 c
176 § 5.]
17.21.410
Effective date—2001 c 333: See note following RCW 17.21.020.
17.21.415 Schools—Policies and methods—Notification—Records—Liability. (1) As used in this section,
"school" means a licensed day care center or a public kindergarten or a public elementary or secondary school.
17.21.415
[Title 17 RCW—page 30]
(2) A school shall provide written notification, upon
request, to parents or guardians of students and employees
describing the school’s pest control policies and methods,
including the posting and notification requirements of this
section.
(3) A school shall establish a notification system that, as
a minimum, notifies interested parents or guardians of students and employees at least forty-eight hours before a pesticide application to a school facility. The notification system
shall include posting of the notification in a prominent place
in the main office of the school.
(4) All notifications to parents, guardians, and employees shall include the heading "Notice: Pesticide Application"
and, at a minimum, shall state:
(a) The product name of the pesticide to be applied;
(b) The intended date and time of application;
(c) The location to which the pesticide is to be applied;
(d) The pest to be controlled; and
(e) The name and phone number of a contact person at
the school.
(5) A school facility application must be made within
forty-eight hours following the intended date and time stated
in the notification or the notification process shall be
repeated.
(6) A school shall, at the time of application, post notification signs for all pesticide applications made to school
facilities unless the application is otherwise required to be
posted by a certified applicator under the provisions of RCW
17.21.410(1)(d).
(a) Notification signs for applications made to school
grounds by school employees shall be placed at the location
of the application and at each primary point of entry to the
school grounds. The signs shall be a minimum of four inches
by five inches and shall include the words: "THIS LANDSCAPE HAS BEEN RECENTLY SPRAYED OR
TREATED WITH PESTICIDES BY YOUR SCHOOL" as
the headline and "FOR MORE INFORMATION PLEASE
CALL" as the footer. The footer shall provide the name and
telephone number of a contact person at the school.
(b) Notification signs for applications made to school
facilities other than school grounds shall be posted at the
location of the application. The signs shall be a minimum of
eight and one-half by eleven inches and shall include the
heading "Notice: Pesticide Application" and, at a minimum,
shall state:
(i) The product name of the pesticide applied;
(ii) The date and time of application;
(iii) The location to which the pesticide was applied;
(iv) The pest to be controlled; and
(v) The name and phone number of a contact person at
the school.
(c) Notification signs shall be printed in colors contrasting to the background.
(d) Notification signs shall remain in place for at least
twenty-four hours from the time the application is completed.
In the event the pesticide label requires a restricted entry
interval greater than twenty-four hours, the notification sign
shall remain in place consistent with the restricted entry interval time as required by the label.
(2010 Ed.)
Washington Pesticide Application Act
(7) A school facility application does not include the
application of antimicrobial pesticides or the placement of
insect or rodent baits that are not accessible to children.
(8) The prenotification requirements of this section do
not apply if the school facility application is made when the
school is not occupied by students for at least two consecutive days after the application.
(9) The prenotification requirements of this section do
not apply to any emergency school facility application for
control of any pest that poses an immediate human health or
safety threat, such as an application to control stinging
insects. When an emergency school facility application is
made, notification consistent with the school’s notification
system shall occur as soon as possible after the application.
The notification shall include information consistent with
subsection (6)(b) of this section.
(10) A school shall make the records of all pesticide
applications to school facilities required under this chapter,
including an annual summary of the records, readily accessible to interested persons.
(11) A school is not liable for the removal of signs by
unauthorized persons. A school that complies with this section may not be held liable for personal property damage or
bodily injury resulting from signs that are placed as required.
[2009 c 556 § 16; 2001 c 333 § 3.]
Effective date—2001 c 333: See note following RCW 17.21.020.
17.21.420
17.21.420 Pesticide-sensitive individuals—List procedure. (1) The department shall develop a list of pesticidesensitive individuals. The list shall include any person with a
documented pesticide sensitivity who submits information to
the department on an application form developed by the
department indicating the person’s pesticide sensitivity.
(2) An applicant for inclusion on the pesticide-sensitive
list may apply to the department at any time and shall provide
the department, on the department’s form, the name, street
address, and telephone number of the applicant and of each
property owner with property abutting the applicant’s principal place of residence. The pesticide sensitivity of an individual shall be certified by a physician who holds a valid license
to practice medicine in this state. The lands listed on an application for inclusion on the pesticide-sensitive list shall constitute the pesticide notification area for that applicant. For
highway or road rights-of-way, a property abutting shall
mean that portion of the property within one-half mile of the
principal place of residence.
(3) A person whose name has been included on the pesticide-sensitive list shall notify the department of a need to
update the list as soon as possible after: (a) A change of
address or telephone number; (b) a change in ownership of
property abutting a pesticide-sensitive individual; (c) a
change in the applicant’s condition; or (d) the sensitivity is
deemed to no longer exist.
(4) The pesticide-sensitive list shall expire on December
31 of each year. The department shall distribute application
forms for the new list at a reasonable time prior to the expiration of the current list, including mailing an application form
to each person on the current list at the address given by the
person in his or her most recent application. Persons desiring
(2010 Ed.)
17.21.440
to be placed on or remain on the list shall submit a new application each year.
(5) The department shall distribute the list by January 1
and June 15 of each year to all certified applicators likely to
make landscape applications. The list shall provide multiple
methods of accessing the information so that certified applicators making landscape applications or right-of-way applications are able to easily determine what properties and individuals require notification for a specific application. An
updated list shall be distributed whenever deemed necessary
by the department. Certified applicators may request a list of
newly registered individuals that have been added to the list
since the last distribution. Registered individuals shall
receive verification that their name has been placed on the
list. [1994 c 283 § 34; 1992 c 176 § 3.]
17.21.430 Pesticide-sensitive individuals—Notification. (1) A certified applicator making a landscape application or a right-of-way application to the pesticide notification
area, as defined in RCW 17.21.420(2), of a person on the pesticide-sensitive list shall notify the listed pesticide-sensitive
individual of the application. Notification shall be made at
least two hours prior to the scheduled application, or in the
case of an immediate service call, the applicator shall provide
notification at the time of the application.
(2) Notification under this section shall be made in writing, in person, or by telephone, and shall disclose the date and
approximate time of the application. In the event a certified
applicator is unable to provide prior notification because of
the absence or inaccessibility of the individual, the applicator
shall leave a written notice at the residence of the individual
listed on the pesticide-sensitive list at the time of the application. If a person on the pesticide-sensitive list lives in a multifamily dwelling such as an apartment or condominium, the
applicator shall notify the person on the list or shall advise the
manager or other property owner’s representative to notify
the person on the list of the application. [1992 c 176 § 4.]
17.21.430
17.21.440 Agricultural workers and handlers of agricultural pesticides—Coordination of regulation and
enforcement with department of labor and industries. (1)
As used in this section, "federal worker protection standard"
or "federal standard" means the worker protection standard
for agricultural workers and handlers of agricultural pesticides adopted by the United States environmental protection
agency in 40 C.F.R., part 170 as it exists on June 6, 1996.
(2)(a) No rule adopted under this chapter may impose
requirements that make compliance with the federal worker
protection standard impossible.
(b) The department shall adopt by rule safety and health
standards that are at least as effective as the federal standard.
Standards adopted by the department under this section shall
be adopted in coordination with the department of labor and
industries.
(3) If a violation of the federal worker protection standard, or of state rules regulating activities governed by the
federal standard, is investigated by the department and by the
department of labor and industries, the agencies shall conduct
a joint investigation if feasible, and shall share relevant information. However, an investigation conducted by the depart17.21.440
[Title 17 RCW—page 31]
17.21.900
Title 17 RCW: Weeds, Rodents, and Pests
ment of labor and industries under Title 51 RCW solely with
regard to industrial insurance shall not be considered to be an
investigation by the department of labor and industries for
this purpose. The agencies shall not issue duplicate citations
to an individual or business for the same violation of the federal standard or state rules regulating activities governed by
the federal standard. By December 1, 1996, the department
and the department of labor and industries shall jointly establish a formal agreement that: Identifies the roles of each of
the two agencies in conducting investigations of activities
governed by the federal standard; and provides for protection
of workers and enforcement of standards that is at least [as]
effective as provided for other enforcement under this chapter. [1996 c 260 § 3.]
Finding—Intent—Severability—1996 c 260: See notes following
RCW 49.17.280.
Department of labor and industries authority: RCW 49.17.280.
17.24.071
17.24.081
17.24.091
17.24.100
17.24.101
17.24.111
17.24.121
17.24.131
17.24.141
17.24.151
17.24.161
17.24.171
17.24.210
17.24.220
17.24.900
Compliance agreements.
Prohibited acts.
Impound and disposition.
Penalties—Second and subsequent offenses.
Statewide survey and control activity.
Director’s cooperation with other agencies.
Acquisition of lands, water supply, or other properties for
quarantine locations.
Requested inspections—Fee for service—Disbursements in
lieu of fee.
Penalties—Criminal and civil penalty.
Violations—Costs of control.
Funds for technical and scientific services.
Determination of imminent danger of infestation of plant pests
or plant diseases—Emergency measures—Conditions—Procedures.
Indemnity contracts for damages resulting from prevention,
control, or eradication measures—Authorized—Conditions.
Sudden oak death syndrome—Coordinated response effort.
Captions not law—1991 c 257.
Horticultural pests and diseases: Chapter 15.08 RCW.
17.24.003 Purpose. The purpose of this chapter is to
provide a strong system for the exclusion of plant and bee
pests and diseases through regulation of movement and quarantines of infested areas to protect the forest, agricultural,
horticultural, floricultural, and apiary industries of the state;
plants and shrubs within the state; and the environment of the
state from the impact of insect pests, plant pathogens, noxious weeds, and bee pests and the public and private costs that
result when these infestations become established. [1991 c
257 § 3.]
17.24.003
17.21.900 Preexisting liabilities not affected. The
enactment of this act shall not have the effect of terminating,
or in any way modifying, any liability, civil or criminal,
which shall already be in existence on the date this act
becomes effective. [1961 c 249 § 31.]
17.21.900
17.21.920 Short title. This chapter may be cited as the
Washington pesticide application act. [1961 c 249 § 33.]
17.21.920
17.21.930 Severability—1961 c 249. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1961 c 249 § 35.]
17.21.930
17.21.931 Severability—1967 c 177. If any provision
of this amendatory act or its application to any person or circumstance is held invalid, the remainder of this act, or the
application of the provision to other persons or circumstances
is not affected. [1967 c 177 § 20.]
17.21.931
17.21.932 Severability—1979 c 92. If any provision of
this 1979 act or its application to any person or circumstance
is held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1979 c 92 § 10.]
17.21.932
17.21.933 Severability—1989 c 380.
15.58.942.
17.21.933
Chapter 17.24
See RCW
Chapter 17.24 RCW
INSECT PESTS AND PLANT DISEASES
Sections
17.24.003
17.24.007
17.24.011
17.24.021
17.24.031
17.24.041
17.24.051
17.24.061
Purpose.
Definitions.
Regulation of plant, plant product, bee movement, and genetically engineered organisms.
Inspection and investigation.
Determination of origin.
Power to adopt quarantine measures—Rules.
Introduction of plant pests, noxious weeds, or organisms
affecting plant life.
Protection of privileged or confidential information—Procedure—Notice—Declaratory judgment.
[Title 17 RCW—page 32]
17.24.007 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the state department of agriculture.
(2) "Director" means the director of the state department
of agriculture or the director’s designee.
(3) "Quarantine" means a rule issued by the department
that prohibits or regulates the movement of articles, bees,
plants, or plant products from designated quarantine areas
within or outside the state to prevent the spread of disease,
plant pathogens, or pests to nonquarantine areas.
(4) "Plant pest" means a living stage of an insect, mite,
nematode, slug, snail, or protozoa, or other invertebrate animal, bacteria, fungus, or parasitic plant, or their reproductive
parts, or viruses, or an organism similar to or allied with any
of the foregoing plant pests, including a genetically engineered organism, or an infectious substance that can directly
or indirectly injure or cause disease or damage in plants or
parts of plants or in processed, manufactured, or other products of plants.
(5) "Plants and plant products" means trees, shrubs,
vines, forage, and cereal plants, and all other plants and plant
parts, including cuttings, grafts, scions, buds, fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all products
made from the plants and plant products.
(6) "Certificate" or "certificate of inspection" means an
official document certifying compliance with the requirements of this chapter. The term "certificate" includes labels,
rubber stamp imprints, tags, permits, written statements, or a
form of inspection and certification document that accompanies the movement of inspected and certified plant material
17.24.007
(2010 Ed.)
Insect Pests and Plant Diseases
and plant products, or bees, bee hives, or beekeeping equipment.
(7) "Compliance agreement" means a written agreement
between the department and a person engaged in growing,
handling, or moving articles, plants, plant products, or bees,
bee hives, or beekeeping equipment regulated under this
chapter, in which the person agrees to comply with stipulated
requirements.
(8) "Distribution" means the movement of a regulated
article from the property where it is grown or kept, to property that is not contiguous to the property, regardless of the
ownership of the properties.
(9) "Genetically engineered organism" means an organism altered or produced through genetic modification from a
donor, vector, or recipient organism using recombinant DNA
techniques, excluding those organisms covered by the food,
drug and cosmetic act (21 U.S.C. Secs. 301-392).
(10) "Person" means a natural person, individual, firm,
partnership, corporation, company, society, or association,
and every officer, agent, or employee of any of these entities.
(11) "Sell" means to sell, to hold for sale, offer for sale,
handle, or to use as inducement for the sale of another article
or product.
(12) "Noxious weed" means a living stage, including, but
not limited to, seeds and reproductive parts, of a parasitic or
other plant of a kind that presents a threat to Washington agriculture or environment.
(13) "Regulated article" means a plant or plant product,
bees or beekeeping equipment, noxious weed or other articles
or equipment capable of harboring or transporting plant or
bee pests or noxious weeds that is specifically addressed in
rules or quarantines adopted under this chapter.
(14) "Owner" means the person having legal ownership,
possession, or control over a regulated article covered by this
chapter including, but not limited to, the owner, shipper, consignee, or their agent.
(15) "Nuisance" means a plant, or plant part, apiary, or
property found in a commercial area on which is found a pest,
pathogen, or disease that is a source of infestation to other
properties.
(16) "Bees" means adult insects, eggs, larvae, pupae, or
other immature stages of the species Apis mellifera.
(17) "Bee pests" means a mite, other parasite, or disease
that causes injury to bees and those honey bees generally recognized to have undesirable behavioral characteristics such
as or as found in Africanized honey bees.
(18) "Biological control" means the use by humans of
living organisms to control or suppress undesirable animals
and plants; the action of parasites, predators, or pathogens on
a host or prey population to produce a lower general equilibrium than would prevail in the absence of these agents.
(19) "Biological control agent" means a parasite, predator, or pathogen intentionally released, by humans, into a target host or prey population with the intent of causing population reduction of that host or prey.
(20) "Emergency" means a situation where there is an
imminent danger of an infestation of plant pests or disease
that seriously threatens the state’s agricultural or horticultural
industries or environment and that cannot be adequately
addressed with normal procedures or existing resources.
[2000 c 100 § 6; 1991 c 257 § 4.]
(2010 Ed.)
17.24.041
Effective date—2000 c 100: See RCW 15.60.901.
17.24.011
17.24.011 Regulation of plant, plant product, bee
movement, and genetically engineered organisms. Notwithstanding the provisions of RCW 17.24.041, the director
may:
(1) Make rules under which plants, plant products, bees,
hives and beekeeping equipment, and noxious weeds may be
brought into this state from other states, territories, or foreign
countries; and
(2) Make rules with reference to plants, plant products,
bees, bee hives and equipment, and genetically engineered
organisms while in transit through this state as may be
deemed necessary to prevent the introduction into and dissemination within this state of plant and bee pests and noxious weeds. [1991 c 257 § 5.]
17.24.021 Inspection and investigation. (1) The director may intercept and hold or order held for inspection, or
cause to be inspected while in transit or after arrival at their
destination, all plants, plant products, bees, or other articles
likely to carry plant pests, bee pests, or noxious weeds being
moved into this state from another state, territory, or a foreign
country or within or through this state for plant and bee pests
and disease.
(2) The director may enter upon public and private premises at reasonable times for the purpose of carrying out this
chapter. If the director be denied access, the director may
apply to any court of competent jurisdiction for a search warrant authorizing access to such premises. The court may upon
such application issue the search warrant for the purposes
requested.
(3) The director may adopt rules in accordance with
chapter 34.05 RCW as may be necessary to carry out the purposes and provisions of this chapter. [1991 c 257 § 6.]
17.24.021
17.24.031
17.24.031 Determination of origin. The director may
demand of a person who has in his or her possession or under
his or her control, plants, bees, plant products, or other articles that may carry plant pests, bee pests, or noxious weeds,
full information as to the origin and source of these items.
Failure to provide that information, if known, may subject the
person to a civil penalty. [1991 c 257 § 7.]
17.24.041 Power to adopt quarantine measures—
Rules. If determined to be necessary to protect the forest,
agricultural, horticultural, floricultural, beekeeping, or environmental interests of this state, the director may declare a
quarantine against an area, place, nursery, orchard, vineyard,
apiary, or other agricultural establishment, county or counties
within the state, or against other states, territories, or foreign
countries, or a portion of these areas, in reference to plant
pests, or bee pests, or noxious weeds, or genetically engineered plant or plant pest organisms. The director may prohibit the movement of all regulated articles from such quarantined places or areas that are likely to contain such plant
pests or noxious weeds or genetically engineered plant, plant
pest, or bee pest organisms. The quarantine may be made
absolute or rules may be adopted prescribing the conditions
17.24.041
[Title 17 RCW—page 33]
17.24.051
Title 17 RCW: Weeds, Rodents, and Pests
under which the regulated articles may be moved into, or
sold, or otherwise disposed of in the state. [1991 c 257 § 8.]
17.24.051 Introduction of plant pests, noxious weeds,
or organisms affecting plant life. The introduction into or
release within the state of a plant pest, noxious weeds, bee
pest, or any other organism that may directly or indirectly
affect the plant life of the state as an injurious pest, parasite,
predator, or other organism is prohibited, except under special permit issued by the department under rules adopted by
the director. A special permit is not required for the introduction or release within the state of a genetically engineered
plant or plant pest organism if the introduction or release has
been approved under provisions of federal law and the
department has been notified of the planned introduction or
release. The department shall be the sole issuing agency for
the permits. Except for research projects approved by the
department, no permit for a biological control agent shall be
issued unless the department has determined that the parasite,
predator, or plant pathogen is target organism or plant specific and not likely to become a pest of nontarget plants or
other beneficial organisms. The director may also exclude
biological control agents that are infested with parasites
determined to be detrimental to the biological control efforts
of the state. The department may rely upon findings of the
United States department of agriculture or any experts that
the director may deem appropriate in making a determination
about the threat posed by such organisms. In addition, the
director may request confidential business information subject to the conditions in RCW 17.24.061.
Plant pests, noxious weeds, or other organisms introduced into or released within this state in violation of this section shall be subject to detention and disposition as otherwise
provided in this chapter. [1991 c 257 § 9.]
17.24.051
17.24.061 Protection of privileged or confidential
information—Procedure—Notice—Declaratory judgment. (1) In submitting data required by this chapter, the
applicant may: (a) Mark clearly portions of data which in his
or her opinion are trade secrets or commercial or financial
information; and (b) submit the marked material separately
from other material required to be submitted under this chapter.
(2) Notwithstanding any other provision of this chapter
or other law, the director shall not make information submitted by an applicant or registrant under this chapter available
to the public if, in the judgment of the director, the information is privileged or confidential because it contains or relates
to trade secrets or commercial or financial information.
Where necessary to carry out the provisions of this chapter,
information relating to unpublished formulas of products
acquired by authorization of this chapter may be revealed to
any state or federal agency consulted and may be revealed at
a public hearing or in findings of fact issued by the director.
(3) If the director proposes to release for inspection or to
reveal at a public hearing or in findings of fact issued by the
director, information that the applicant or registrant believes
to be protected from disclosure under subsection (2) of this
section, he or she shall notify the applicant or registrant in
writing, by certified mail. The director may not make this
17.24.061
[Title 17 RCW—page 34]
data available for inspection nor reveal the information at a
public hearing or in findings of fact issued by the director
until thirty days after receipt of the notice by the applicant or
registrant. During this period, the applicant or registrant may
withdraw the application or may institute an action in the
superior court of Thurston county for a declaratory judgment
as to whether the information is subject to protection under
subsection (2) of this section. [1991 c 257 § 10.]
17.24.071 Compliance agreements. The director may
enter into compliance agreements with a person engaged in
growing, handling, or moving articles, bees, plants, or plant
products regulated under this chapter. [1991 c 257 § 11.]
17.24.071
17.24.081 Prohibited acts. It shall be unlawful for a
person to:
(1) Sell, offer for sale, or distribute a noxious weed or a
plant or plant product or regulated article infested or infected
with a plant pest declared by rule to be a threat to the state’s
forest, agricultural, horticultural, floricultural, or beekeeping
industries or environment;
(2) Knowingly receive a noxious weed, or a plant, plant
product, bees, bee hive or appliances, or regulated article
sold, given away, carried, shipped, or delivered for carriage
or shipment within this state, in violation of the provisions of
this chapter or the rules adopted under this chapter;
(3) Fail to immediately notify the department and isolate
and hold the noxious weed, bees, bee hives or appliances,
plants or plant products, or other thing unopened or unused
subject to inspection or other disposition as may be provided
by the department, where the item has been received without
knowledge of the violation and the receiver has become subsequently aware of the potential problem;
(4) Knowingly conceal or willfully withhold available
information regarding an infected or infested plant, plant
product, regulated article, or noxious weed;
(5) Introduce or move into this state, or to move or dispose of in this state, a plant, plant product, or other item
included in a quarantine, except under rules as may be prescribed by the department, after a quarantine order has been
adopted under this chapter against a place, nursery, orchard,
vineyard, apiary, other agricultural establishment, county of
this state, another state, territory, or a foreign country as to a
plant pest, bee pest, or noxious weed or genetically engineered plant or plant pest organism, until such quarantine is
removed. [1991 c 257 § 12.]
17.24.081
17.24.091 Impound and disposition. (1) If upon
inspection, the director finds that an inspected plant or plant
product or bees are infected or infested or that a regulated
article is being held or transported in violation of a rule or
quarantine of the department, the director shall notify the
owner that a violation of this chapter exists. The director may
impound or order the impounding of the infected or infested
or regulated article in such a manner as may be necessary to
prevent the threat of infestation. The notice shall be in writing
and sent by certified mail or personal service identifying the
impounded article and giving notice that the articles will be
treated, returned to the shipper or to a quarantined area, or
destroyed in a manner as to prevent infestation. The
17.24.091
(2010 Ed.)
Insect Pests and Plant Diseases
impounded article shall not be destroyed unless the director
determines that (a) no effective treatment can be carried out;
and (b) the impounded article cannot be returned to the shipper or shipped back to a quarantine area without threat of
infestation to this state; and (c) mere possession by the owner
constitutes an emergency.
(2) Before taking action to treat, return, or destroy the
impounded article, the director shall notify the owner of the
owner’s right to a hearing before the director under chapter
34.05 RCW. Within ten days after the notice has been given
the owner may request a hearing. The request must be in writing.
(3) The cost to impound articles along with the cost, if
any, to treat, return, or destroy the articles shall be at the
owner’s expense. The owner is not entitled to compensation
for infested or infected articles destroyed by the department
under this section. [1991 c 257 § 13.]
17.24.100 Penalties—Second and subsequent
offenses. (1) Except as provided in subsection (2) of this section, every person who violates or fails to comply with any
rule or regulation adopted and promulgated by the director of
agriculture in accordance with and under the provision of this
chapter is guilty of a misdemeanor.
(2) A second and each subsequent violation or failure to
comply with the provisions of this chapter or rule or regulation adopted hereunder is a gross misdemeanor. [2003 c 53 §
119; 1981 c 296 § 26; 1927 c 292 § 7; RRS § 2786. Prior:
1921 c 105 § 7.]
17.24.100
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Additional notes found at www.leg.wa.gov
17.24.101 Statewide survey and control activity. If
there is reason to believe that a plant or bee pest may
adversely impact the forestry, agricultural, horticultural, floricultural, or related industries of the state; or may cause
harm to the environment of the state; or such information is
needed to facilitate or allow the movement of forestry, agricultural, horticultural, or related products to out-of-state, foreign and domestic markets, the director may conduct, or
cause to be conducted, surveys to determine the presence,
absence, or distribution of a pest.
The director may take such measures as may be required
to control or eradicate such pests where such measures are
determined to be in the public interest, are technically feasible, and for which funds are appropriated or provided through
cooperative agreements. [1991 c 257 § 14.]
17.24.101
17.24.111 Director’s cooperation with other agencies. The director may enter into cooperative arrangements
with a person, municipality, county, Washington State University or any of its experiment stations, or other agencies of
this state, and with boards, officers, and authorities of other
states and the United States, including the United States
department of agriculture, for the inspection of bees, plants
and plant parts and products and the control or eradication of
plant pests, bee pests, or noxious weeds and to carry out other
provisions of this chapter. [1991 c 257 § 15.]
17.24.111
(2010 Ed.)
17.24.161
17.24.121
17.24.121 Acquisition of lands, water supply, or
other properties for quarantine locations. The director
may acquire, in fee or in trust, by gift, or whenever funds are
appropriated for such purposes, by purchase, easement, lease,
or condemnation, lands or other property, water supplies, as
may be deemed necessary for use by the department for
establishing quarantine stations for the purpose of the isolation, prevention, eradication, elimination, and control of
insect pests or plant pathogens that affect the agricultural or
horticultural products of the state; for the propagation of biological control agents; or the isolation of genetically engineered plants or plant pests; or the isolation of bee pests.
[1991 c 257 § 16.]
17.24.131
17.24.131 Requested inspections—Fee for service—
Disbursements in lieu of fee. To facilitate the movement or
sale of forest, agricultural, floricultural, horticultural and
related products, or bees and related products, the director
may provide, if requested by farmers, growers, or other interested persons, special inspections, pest identifications, plant
identifications, plant diagnostic services, pest control activities, other special certifications and activities not otherwise
authorized by statute and prescribe a fee for that service. The
fee shall, as closely as practical, cover the cost of the service
rendered, including the salaries and expenses of the personnel
involved. Moneys collected shall be deposited in the plant
pest account, which is hereby created within the agricultural
local fund. No appropriation is required for disbursement
from the plant pest account to provide the services authorized
by this section. In lieu of a fee, assessments and other funds
deposited in the plant pest account may be disbursed to provide the services authorized by this section. [1997 c 227 § 2;
1991 c 257 § 17.]
Additional notes found at www.leg.wa.gov
17.24.141
17.24.141 Penalties—Criminal and civil penalty.
Whenever the director finds that a person has committed a
violation of any of the provisions of this chapter, and that violation has not been punished pursuant to RCW 17.24.100, the
director may impose upon and collect from the violator a civil
penalty not exceeding five thousand dollars per violation.
Each violation shall be a separate and distinct offense. A person who knowingly, through an act of commission or omission, procures or aids or abets in the violation shall be considered to have violated this section and may be subject to the
civil penalty. [1991 c 257 § 18.]
17.24.151
17.24.151 Violations—Costs of control. A person
who, through a knowing and willful violation of a quarantine
established under this chapter, causes an infestation to
become established, may be required to pay the costs of public control or eradication measures caused as a result of that
violation. [1991 c 257 § 19.]
17.24.161
17.24.161 Funds for technical and scientific services.
The director may, at the director’s discretion, provide funds
for technical or scientific services, labor, materials and supplies, and biological control agents for the control of plant
pests, bee pests, and noxious weeds. [1991 c 257 § 20.]
[Title 17 RCW—page 35]
17.24.171
Title 17 RCW: Weeds, Rodents, and Pests
17.24.171 Determination of imminent danger of
infestation of plant pests or plant diseases—Emergency
measures—Conditions—Procedures. (1) If the director
determines that there exists an imminent danger of an infestation of plant pests or plant diseases that seriously endangers
the agricultural or horticultural industries of the state, or that
seriously threatens life, health, economic well-being, or the
environment, the director shall request the governor to order
emergency measures to control the pests or plant diseases
under RCW 43.06.010(13). The director’s findings shall
contain an evaluation of the affect of the emergency measures
on public health.
(2) If an emergency is declared pursuant to RCW
43.06.010(13), the director may appoint a committee to
advise the governor through the director and to review emergency measures necessary under the authority of RCW
43.06.010(13) and this section and make subsequent recommendations to the governor. The committee shall include
representatives of the agricultural industries, state and local
government, public health interests, technical service providers, and environmental organizations.
(3) Upon the order of the governor of the use of emergency measures, the director is authorized to implement the
emergency measures to prevent, control, or eradicate plant
pests or plant diseases that are the subject of the emergency
order. Such measures, after thorough evaluation of all other
alternatives, may include the aerial application of pesticides.
(4) Upon the order of the governor of the use of emergency measures, the director is authorized to enter into agreements with individuals, companies, or agencies, to accomplish the prevention, control, or eradication of plant pests or
plant diseases, notwithstanding the provisions of chapter
15.58 or 17.21 RCW, or any other statute.
(5) The director shall continually evaluate the emergency measures taken and report to the governor at intervals
of not less than ten days. The director shall immediately
advise the governor if he or she finds that the emergency no
longer exists or if certain emergency measures should be discontinued. [2003 c 314 § 6; 1991 c 257 § 21.]
17.24.171
Findings—2003 c 314: See note following RCW 17.24.220.
17.24.210 Indemnity contracts for damages resulting
from prevention, control, or eradication measures—
Authorized—Conditions. The director of agriculture may,
on the behalf of the state of Washington, enter into indemnity
contracts wherein the state of Washington agrees to repay any
person, firm, corporation, or other entity acting under the
direction or control of the proper authority to provide plant
pest or plant disease prevention, control, or eradication measures as provided in this chapter or any rule adopted pursuant
to the provisions of this chapter, for losses and damages
incurred as a result of such prevention, control, or eradication
measures if all of the following conditions occur:
(1) At the time of the incident the worker is performing
services as an emergency measures worker and is acting
within the course of his duties as an emergency measures
worker;
(2) At the time of the injury, loss, or damage, the organization providing emergency measures by which the worker is
employed is an approved organization for providing emergency measures;
17.24.210
[Title 17 RCW—page 36]
(3) The injury, loss, or damage is proximately caused by
his service either with or without negligence as an emergency
measures worker;
(4) The injury, loss, or damage is not caused by the
intoxication of the worker; and
(5) The injury, loss, or damage is not due to wilful misconduct or gross negligence on the part of a worker.
Where an act or omission by an emergency services provider in the course of providing emergency services injures a
person or property, the provider and the state may be jointly
and severally liable for the injury, if state liability is proved
under existing or hereafter enacted law.
Each person, firm, corporation, or other entity authorized
to provide the prevention, control, or eradication measures
implementing a program approved under *RCW 17.24.200
shall be identified on a list approved by the director. For the
purposes of this section, each person on the list shall be
known, for the duration of the person’s services under the
program, as "an emergency measures worker." [1982 c 153 §
3.]
*Reviser’s note: RCW 17.24.200 was repealed by 1991 c 257 § 23.
Additional notes found at www.leg.wa.gov
17.24.220 Sudden oak death syndrome—Coordinated response effort. The department and the department
of natural resources shall coordinate their sudden oak death
syndrome response efforts with other plant pest agencies and
private organizations to exchange information, monitor the
confirmed incidences of the disease, and take action as appropriate under existing plant pest control authorities to prevent
the introduction of the disease into Washington and to control
or eradicate the disease if it is determined to be present in the
state. [2003 c 314 § 8.]
17.24.220
Findings—2003 c 314: "The legislature finds that since 1995 large
numbers of oak and tanoak trees have been dying in the coastal counties of
California. The legislature also finds that the disease causing the tree loss,
which is commonly referred to as sudden oak death syndrome, has, as of July
27, 2003, been confirmed in twelve California counties, and one Oregon
county. The legislature also finds that in addition to affecting several species
of oak, this disease has been confirmed to affect several plant species common in Washington’s forests, including Douglas Fir, big leaf maple, huckleberry, rhododendron, madrone, and manzanita. The legislature recognizes
that the state of California and the United States department of agriculture
have adopted restrictions on the movement of articles that may host the disease, and the state of Oregon and the Canadian government have adopted
restrictions on the importation of potential host articles. The legislature finds
that an introduction of sudden oak death syndrome into Washington could
cause potential damage to the state’s forest health, leading to both economic
and ecological losses." [2003 c 314 § 7.]
17.24.900 Captions not law—1991 c 257. Captions as
used in RCW 17.24.005 through 17.24.171 constitute no part
of the law. [1991 c 257 § 24.]
17.24.900
Chapter 17.26
Chapter 17.26 RCW
CONTROL OF SPARTINA AND
PURPLE LOOSESTRIFE
Sections
17.26.005
17.26.006
17.26.007
17.26.010
17.26.011
Findings.
Findings—Purpose.
Findings—Application to appropriations.
Restriction on state agencies and local governments.
Spartina removal includes restoration—Study.
(2010 Ed.)
Control of Spartina and Purple Loosestrife
17.26.015
17.26.020
17.26.900
17.26.901
Lead agency—Responsibilities.
High priority for all state agencies—Definitions.
Severability—1995 c 255.
Effective date—1995 c 255.
17.26.005 Findings. The legislature finds that:
(1) Spartina alterniflora, Spartina anglica, Spartina x
townsendii, and Spartina patens which are collectively called
spartina are not native to the state of Washington nor to the
west coast of North America. This noxious weed was inadvertently introduced into the wetlands of the state and is now
aggressively invading new areas to the detriment of native
ecosystems and aquatic habitat. The spread of spartina threatens to permanently convert and displace native freshwater
and saltwater wetlands and intertidal zones, including critical
habitat for migratory birds, many fish species, bivalves,
invertebrates, marine mammals, and other animals. The continued spread of spartina will permanently reduce the diversity and the quantity of these species and will have a significant negative environmental impact.
Spartina poses a significant hydrological threat. Clumps
and meadows of spartina are dense environments that bind
sediments and lift the intertidal gradient up out of the intertidal zone through time. This process reduces flows during
flood conditions, raises flood levels, and significantly alters
the hydrological regime of estuarine areas.
Spartina spreads by rhizomes and seed production.
Through lateral growth by rhizomes, spartina establishes a
dense monotypic meadow. Through seed production and the
spread of seed through the air and by water, spartina is currently being spread to other states and to Canadian provinces.
(2) Purple loosestrife was first documented in the state in
1929 along freshwater shorelands. It is now present throughout the state and is particularly abundant in Grant county and
its neighboring counties. The plant appears to be colonizing
more rapidly on the eastern side of the state than on the western side. It was first introduced to the Winchester wasteway
area in the 1960’s and has invaded the area rapidly. Purple
loosestrife is displacing native plants and as a result is threatening an extremely important part of this state’s wildlife habitat. Lythrum salicaria and L. virgatum are closely related
loosestrife species that are morphologically similar and not
easily distinguished from each other in the field. Both species
have been referred to as purple loosestrife.
(3) Current laws and rules designed to protect the environment and preserve the wetland habitats, fish, and wildlife
of the state are not designed to respond to an ecosystem-wide
threat of this kind. State and federal agencies, local governments, weed boards, concerned individuals, and property
owners attempting to deal with the ecological emergency
posed by spartina and purple loosestrife infestations have
been frustrated by interagency disagreements, demands for
an undue amount of procedural and scientific process and
information, dilatory appeals, and the improper application of
laws and regulations by agencies that have in fact undermined the legislative purposes of those same laws while
ignoring the long-term implications of delay and inaction.
There is a compelling need for strong leadership, coordination, and reporting by a single state agency to respond appropriately to this urgent environmental challenge.
Any further delay of control efforts will significantly
increase the cost of spartina and purple loosestrife control
17.26.005
(2010 Ed.)
17.26.011
and reduce the likelihood of long-term success. Control
efforts must be coordinated across political and ownership
boundaries in order to be effective.
(4) The presence of noxious weeds on public lands constitutes a public nuisance and negatively impacts public and
private lands. The legislature finds that control and eradication of noxious weeds on private lands is in the public interest. [1995 c 255 § 1.]
17.26.006
17.26.006 Findings—Purpose. This state is facing an
environmental disaster that will affect other states as well as
other nations. The legislature finds that six years is sufficient
time for state agencies to debate solutions to the spartina and
purple loosestrife problems that are occurring in state waters.
One of the purposes of chapter 255, Laws of 1995 is to focus
agency action on control and future eradication of spartina
and purple loosestrife. It is the mandate of the legislature that
one state agency, the department of agriculture, be responsible for a unified effort to eliminate spartina and control purple loosestrife, with the advice of the state noxious weed control board, and that state agency shall be directly accountable
to the legislature on the progress of the spartina eradication
and purple loosestrife control program. [1995 c 255 § 2.]
17.26.007
17.26.007 Findings—Application to appropriations.
This section applies to appropriations made to the department
of agriculture specifically for the removal or control of spartina or purple loosestrife or both plants. The legislature finds
that: The presence of spartina or purple loosestrife on private
lands threatens wildlife habitat and provides a source of
renewed infestation for public lands; and effective eradication or control of spartina or purple loosestrife requires concerted efforts on both public and private lands to protect public resources. The department of agriculture may grant funds
to other state agencies, local governments, and nonprofit corporations for eradication or control purposes and may use
those moneys itself. The department of agriculture may
match private funds for eradication or control programs on
private property on a fifty-fifty matching basis. The accounting and supervision of the funds at the local level shall be
conducted by the department of agriculture. [1995 c 255 §
11.]
17.26.010
17.26.010 Restriction on state agencies and local governments. State agencies and local governments may not
use any other local, state, or federal permitting requirement,
regulatory authority, or legal mechanism to override the legislative intent and statutory mandates of chapter 255, Laws of
1995. [1995 c 255 § 8.]
17.26.011
17.26.011 Spartina removal includes restoration—
Study. Spartina removal shall include restoration to return
intertidal land and other infested lands to the condition found
on adjacent unaffected lands in the same tidal elevation. The
department of fish and wildlife, the department of ecology,
the department of agriculture, and the department of natural
resources shall develop a restoration plan in cooperation with
owners of spartina infested lands and shall submit the plan to
the appropriate standing committees of the house of represen[Title 17 RCW—page 37]
17.26.015
Title 17 RCW: Weeds, Rodents, and Pests
tatives and the senate by December 31, 1995. [1995 c 255 §
9.]
17.26.015
17.26.015 Lead agency—Responsibilities. (1) The
state department of agriculture is the lead agency for the control of spartina and purple loosestrife with the advice of the
state noxious weed control board.
(2) Responsibilities of the lead agency include:
(a) Coordination of the control program including memorandums of understanding, contracts, and agreements with
local, state, federal, and tribal governmental entities and private parties;
(b) Preparation of a statewide spartina management plan
utilizing integrated vegetation management strategies that
encompass all of Washington’s tidelands. The plan shall be
developed in cooperation with local, state, federal, and tribal
governments, private landowners, and concerned citizens.
The plan shall prioritize areas for control. Nothing in this
subsection prohibits the department from taking action to
control spartina in a particular area of the state in accordance
with a plan previously prepared by the state while preparing
the statewide plan;
(c) Directing on the ground control efforts that include,
but are not limited to: (i) Control work and contracts; (ii)
spartina survey; (iii) collection and maintenance of spartina
location data; (iv) purchasing equipment, goods, and services; (v) survey of threatened and endangered species; and
(vi) site-specific environmental information and documents;
and
(d) Evaluating the effectiveness of the control efforts.
The lead agency shall report to the appropriate standing
committees of the house of representatives and the senate no
later than December 15th of each year through the year 1999
on the progress of the program, the number of acres treated
by various methods of control, and on the funds spent. [1998
c 245 § 4; 1995 c 255 § 10.]
17.26.020
17.26.020 High priority for all state agencies—Definitions. (1) Facilitating the control of spartina and purple
loosestrife is a high priority for all state agencies.
(2) The department of natural resources is responsible
for spartina and purple loosestrife control on state-owned
aquatic lands managed by the department of natural
resources.
(3) The department of fish and wildlife is responsible for
spartina and purple loosestrife control on state-owned aquatic
lands managed by the department of fish and wildlife.
(4) The state parks and recreation commission is responsible for spartina and purple loosestrife control on stateowned aquatic lands managed by the state parks and recreation commission.
(5) Unless the context clearly requires otherwise, the
definitions in this subsection apply throughout this chapter,
RCW 90.48.020, 90.58.030, and *77.55.150:
(a) "Spartina" means Spartina alterniflora, Spartina
anglica, Spartina x townsendii, and Spartina patens.
(b) "Purple loosestrife" means Lythrum salicaria and
Lythrum virgatum.
[Title 17 RCW—page 38]
(c) "Aquatic noxious weed" means an aquatic weed on
the state noxious weed list adopted under RCW 17.10.080.
[2003 c 39 § 10; 1995 c 255 § 12.]
*Reviser’s note: RCW 77.55.150 was recodified as RCW 77.55.081
pursuant to 2005 c 146 § 1001.
17.26.900 Severability—1995 c 255. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1995 c 255 § 14.]
17.26.900
17.26.901 Effective date—1995 c 255. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 5, 1995]. [1995 c 255 § 15.]
17.26.901
Chapter 17.28
Chapter 17.28 RCW
MOSQUITO CONTROL DISTRICTS
Sections
17.28.010
17.28.020
17.28.030
17.28.040
17.28.050
17.28.060
17.28.070
17.28.080
17.28.090
17.28.100
17.28.110
17.28.120
17.28.130
17.28.140
17.28.150
17.28.160
17.28.170
17.28.175
17.28.185
17.28.250
17.28.251
17.28.252
17.28.253
17.28.254
17.28.255
17.28.256
17.28.257
17.28.258
17.28.260
17.28.270
17.28.280
17.28.290
17.28.300
17.28.310
17.28.320
17.28.330
17.28.340
17.28.350
17.28.360
Definitions.
Districts may be organized in counties—Petition, presentment,
signatures.
Petition method—Description of boundaries—Verification of
signatures—Resolution to include city.
Petition method—Publication of petition and notice of meeting.
Resolution method.
Hearing—Defective petition—Establishment of boundaries.
Procedure to include other territory.
Determination of public necessity and compliance with chapter.
Declaration establishing and naming district—Election to
form district—Establishment of district.
Election on proposition to levy tax.
Board of trustees—Composition.
Board of trustees—Name of board—Qualification of members.
Board of trustees—Terms—Vacancies.
Board of trustees—Organization—Officers—Compensation—Expenses.
Board of trustees—Meetings—Rules—Quorum.
Powers of district.
Mosquito breeding places declared public nuisance—Abatement.
Control of mosquitos—Declaration that owner is responsible.
Control of mosquitos—Noncompliance by landowner with
regulations.
Interference with entry or work of district—Penalty.
Borrowing money or issuing warrants in anticipation of revenue.
Excess levy authorized.
District boundaries for tax purposes.
Abatement, extermination declared necessity and benefit to
land.
Classification of property—Assessments.
Assessments—Roll, hearings, notices, objections, appeal, etc.
Assessments—Payment, lien, delinquencies, foreclosure, etc.
County treasurer—Duties.
General obligation bonds—Excess property tax levies.
Collection, disposition, of revenue—Depository.
Withdrawal of funds.
Matching funds.
Expenses of special elections.
Annual certification of assessed valuation.
Annexation of territory authorized—Consent by city.
Annexation of territory authorized—Petition—Hearing—
Boundaries.
Annexation of territory authorized—Order of annexation—
Election.
Annexation of territory authorized—Filing of order—Composition of board.
Consolidation of districts—Initial proceedings.
(2010 Ed.)
Mosquito Control Districts
17.28.370
17.28.380
17.28.390
17.28.400
17.28.410
17.28.420
17.28.430
17.28.440
17.28.450
17.28.900
Consolidation of districts—Concurrent resolution.
Consolidation of districts—Election.
Consolidation of districts—Order of consolidation.
Consolidation of districts—Composition of board.
Consolidation of districts—Powers of consolidated district—
Indebtedness of former districts.
Dissolution—Election.
Dissolution—Result of election to be certified—Certificate of
dissolution.
Dissolution—Disposition of property.
Dissolution—Collection of taxes to discharge indebtedness.
Severability—1957 c 153.
Special purpose districts, expenditures to recruit job candidates: RCW
42.24.170.
17.28.010 Definitions. When used in this chapter, the
following terms, words or phrases shall have the following
meaning:
(1) "District" means any mosquito control district
formed pursuant to this chapter.
(2) "Board" or "district board" means the board of trustees governing the district.
(3) "County commissioners" means the governing body
of the county.
(4) "Unit" means all unincorporated territory in a proposed district in one county, regarded as an entity, or each
city in a proposed district, likewise regarded as an entity.
(5) "Territory" means any city or county or portion of
either or both city or county having a population of not less
than one hundred persons.
(6) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
and the legal successor thereof. [1957 c 153 § 1.]
17.28.010
17.28.020 Districts may be organized in counties—
Petition, presentment, signatures. Any number of units of
a territory within the state of Washington in Adams, Benton,
Franklin, Grant, Kittitas, Walla Walla and Yakima counties
or any other county may be organized as a mosquito control
district under the provisions of this chapter.
A petition to form a district may consist of any number
of separate instruments which shall be presented at a regular
meeting of the county commissioners of the county in which
the greater area of the proposed district is located. Petitions
shall be signed by registered voters of each unit of the proposed district, equal in number to not less than ten percent of
the votes cast in each unit respectively for the office of governor at the last gubernatorial election prior to the time of presenting the petition. [1969 c 96 § 1; 1957 c 153 § 2.]
17.28.060
city and county located in the proposed district and may
appoint the respective county auditors and city clerks thereof
as his deputies. No person may withdraw his name from a
petition after it has been filed with the auditor. Within thirty
days following the receipt of such petition, the auditor shall
transmit the same to the board of commissioners of the
county in which the greater area of the proposed district is
located, together with his certificate as to the sufficiency
thereof. [1957 c 153 § 3.]
17.28.040
17.28.040 Petition method—Publication of petition
and notice of meeting. Upon receipt of a duly certified petition, the board of commissioners shall cause the text of the
petition to be published once a week for at least three consecutive weeks in one or more newspapers of general circulation
within the county where the petition is presented and at each
city a portion of which is included in the proposed district. If
any portion of the proposed district lies in another county, the
petition and notice shall be likewise published in that county.
Only one copy of the petition need be published even
though the district embraces more than one unit. No more
than five of the names attached to the petition need appear in
the publication of the petition and notice, but the number of
signers shall be stated.
With the publication of the petition there shall be published a notice of the time of the meeting of the county commissioners when the petition will be considered, stating that
all persons interested may appear and be heard. [1957 c 153
§ 4.]
17.28.020
17.28.030 Petition method—Description of boundaries—Verification of signatures—Resolution to include
city. Before a city can be included as a part of the proposed
district its governing body shall have requested that the city
be included by resolution, duly authenticated.
The petition shall set forth and describe the boundaries
of the proposed district and it shall request that it be organized as a mosquito control district. Upon receipt of such a
petition, the auditor of the county in which the greater area of
the proposed district is located shall be charged with the
responsibility of examining the same and certifying to the
sufficiency of the signatures thereon. For the purpose of
examining the signatures on such petitions, the auditor shall
be permitted access to the voters’ registration books of each
17.28.030
(2010 Ed.)
17.28.050
17.28.050 Resolution method. Such districts may also
be organized upon the adoption by the county commissioners
of a resolution of intention so to do, in lieu of the procedure
hereinbefore provided for the presentation of petitions. In the
event the county commissioners adopt a resolution of intention, such resolution shall describe the boundaries of the proposed district and shall set a time and place at which they will
consider the organization of the district, and shall state that
all persons interested may appear and be heard. Such resolution of intention shall be published in the same manner and
for the same length of time as a petition. [1957 c 153 § 5.]
17.28.060
17.28.060 Hearing—Defective petition—Establishment of boundaries. At the time stated in the notice of the
filing of the petition or the time mentioned in the resolution
of intention, the county commissioners shall consider the
organization of the district and hear those appearing and all
protests and objections to it. The commissioners may adjourn
the hearing from time to time, not exceeding two months in
all.
No defect in the contents of the petition or in the title to
or form of the notice or signatures, or lack of signatures
thereto, shall vitiate any proceedings if the petition has a sufficient number of qualified signatures.
On the final hearing the county commissioners shall
make such changes in the proposed boundaries as are advisable, and shall define and establish the boundaries. [1957 c
153 § 6.]
[Title 17 RCW—page 39]
17.28.070
Title 17 RCW: Weeds, Rodents, and Pests
17.28.070 Procedure to include other territory. If the
county commissioners deem it proper to include any territory
not proposed for inclusion within the proposed boundaries,
they shall first cause notice of intention to do so to be mailed
to each owner of land in the territory whose name appears as
owner on the last completed assessment roll of the county in
which the territory lies, addressed to the owner at his address
given on the assessment roll, or if no address is given, to his
last known address; or if it is not known, at the county seat of
the county in which his land lies. The notice shall describe the
territory and shall fix a time, not less than two weeks from the
date of mailing, when all persons interested may appear
before the county commissioners and be heard.
The boundaries of a district lying in a city shall not be
altered unless the governing board of the city, by resolution,
consents to the alteration. [1957 c 153 § 7.]
17.28.070
17.28.080 Determination of public necessity and
compliance with chapter. Upon the hearing of the petition
the county commissioners shall determine whether the public
necessity or welfare of the proposed territory and of its inhabitants requires the formation of the district, and shall also
determine whether the petition complies with the provisions
of this chapter, and for that purpose shall hear all competent
and relevant testimony offered. [1957 c 153 § 8.]
17.28.080
17.28.090 Declaration establishing and naming district—Election to form district—Establishment of district. If, from the testimony given before the county commissioners, it appears to that board that the public necessity or
welfare requires the formation of the district, it shall, by an
order entered on its minutes, declare that to be its finding, and
shall further declare and order that the territory within the
boundaries so fixed and determined be organized as a district,
under an appropriate name to be selected by the county commissioners, subject to approval of the voters of the district as
hereinafter provided. The name shall contain the words
"mosquito control district."
At the time of the declaration establishing and naming
the district, the county commissioners shall by resolution call
a special election to be held not less than thirty days and not
more than sixty days from the date thereof, and shall cause to
be published a notice of such election at least once a week for
three consecutive weeks in a newspaper of general circulation in the county, setting forth the hours during which the
polls will be open, the boundaries of the proposed district as
finally adopted, and the object of the election. If any portion
of the proposed district lies in another county, a notice of
such election shall likewise be published in that county.
The election on the formation of the mosquito control
district shall be conducted by the auditor of the county in
which the greater area of the proposed district is located in
accordance with the general election laws of the state and the
results thereof shall be canvassed by that county’s canvassing
board. For the purpose of conducting an election under this
section, the auditor of the county in which the greater area of
the proposed district is located may appoint the auditor of any
county or the city clerk of any city lying wholly or partially
within the proposed district as his deputies. No person shall
be entitled to vote at such election unless he is a qualified
voter under the laws of the state in effect at the time of such
17.28.090
[Title 17 RCW—page 40]
election and has resided within the mosquito control district
for at least thirty days preceding the date of the election. The
ballot proposition shall be in substantially the following
form:
"Shall a mosquito control district be established for the
area described in a resolution of the board of commissioners of . . . . . . county adopted on the . . . . day of . . . . . .,
19 . . .?
YES
NO
..............................
..............................
"
If a majority of the persons voting on the proposition
shall vote in favor thereof, the mosquito control district shall
thereupon be established and the county commissioners of
the county in which the greater area of the district is situated
shall immediately file for record in the office of the county
auditor of each county in which any portion of the land
embraced in the district is situated, and shall also forward to
the county commissioners of each of the other counties, if
any, in which any portion of the district is situated, and also
shall file with the secretary of state, a certified copy of the
order of the county commissioners. From and after the date of
the filing of the certified copy with the secretary of state, the
district named therein is organized as a district, with all the
rights, privileges, and powers set forth in this chapter, or necessarily incident thereto.
If a majority of the persons voting on the proposition
shall vote in favor thereof, all expenses of the election shall
be paid by the mosquito control district when organized. If
the proposition fails to receive a majority of votes in favor,
the expenses of the election shall be borne by the respective
counties in which the district is located in proportion to the
number of votes cast in said counties. [1957 c 153 § 9.]
17.28.100 Election on proposition to levy tax. At the
same election there shall be submitted to the voters residing
within the district, for their approval or rejection, a proposition authorizing the mosquito control district, if formed, to
levy at the earliest time permitted by law on all taxable property located within the mosquito control district a general tax,
for one year, of up to twenty-five cents per thousand dollars
of assessed value in excess of any constitutional or statutory
limitation for authorized purposes of the mosquito control
district. The proposition shall be expressed on the ballots in
substantially the following form:
17.28.100
"ONE YEAR . . . . . . CENTS PER THOUSAND
DOLLARS OF ASSESSED VALUE LEVY
Shall the mosquito control district, if formed, levy a
general tax of . . . . . . cents per thousand dollars of
assessed value for one year upon all the taxable property
within said district in excess of the constitutional and/or
statutory tax limits for authorized purposes of the district?
YES
.............................
NO
.............................
"
Such proposition to be effective must be approved by a
majority of at least three-fifths of the persons voting on the
proposition to levy such tax in the manner set forth in Article
VII, section 2(a) of the Constitution of this state, as amended
(2010 Ed.)
Mosquito Control Districts
by Amendment 59 and as thereafter amended. [1982 c 217 §
1; 1973 1st ex.s. c 195 § 2; 1957 c 153 § 10.]
Additional notes found at www.leg.wa.gov
17.28.110 Board of trustees—Composition. Within
thirty days after the filing with the secretary of state of the
certified copy of the order of formation, a governing board of
trustees for the district shall be appointed. The district board
shall be appointed as follows:
(1) If the district is situated in one county only and consists wholly of unincorporated territory, five members shall
be appointed by the county commissioners of the county.
(2) If the district is situated entirely in one county and
includes both incorporated and unincorporated territory one
member shall be appointed from each commissioner district
lying wholly or partly within the district by the county commissioners of the county, and one member from each city, the
whole or part of which is situated in the district, by the governing body of the city; but if the district board created consists of less than five members, the county commissioners
shall appoint from the district at large enough additional
members to make a board of five members.
(3) If the district is situated in two or more counties and
is comprised wholly of incorporated territory, one member
shall be appointed from each commissioner district of each
county or portion of a county situated in the district by the
county commissioners; but if the district board created consists of less than five members, the county commissioners of
the county in which the greater area of the district is situated
shall appoint from the district at large enough additional
members to make a board of five members.
(4) If the district is situated in two or more counties and
consists of both incorporated and unincorporated territory,
one member shall be appointed by the county commissioners
of each of the counties from that portion of the district lying
within each commissioner district within its jurisdiction; and
one member from each city, a portion of which is situated in
the district by the governing body of the city; but if the board
created consists of less than five members, the county commissioners in which the greater area of the district is situated
shall appoint from the district at large enough additional
members to make a board of five members. [1959 c 64 § 1;
1957 c 153 § 11.]
17.28.110
17.28.120 Board of trustees—Name of board—Qualification of members. The district board shall be called "The
board of trustees of . . . . . . mosquito control district."
Each member of the board appointed by the governing
body of a city shall be an elector of the city from which he is
appointed and a resident of that portion of the city which is in
the district.
Each member appointed from a county or portion of a
county shall be an elector of the county and a resident of that
portion of the county which is in the district.
Each member appointed at large shall be an elector of the
district. [1957 c 153 § 12.]
17.28.120
17.28.130 Board of trustees—Terms—Vacancies.
The members of the first board in any district shall classify
themselves by lot at their first meeting so that:
17.28.130
(2010 Ed.)
17.28.160
(1) If the total membership is an even number, the terms
of one-half the members will expire at the end of one year,
and the terms of the remainder at the end of two years, from
the second day of the calendar year next succeeding their
appointment.
(2) If the total membership is an odd number, the terms
of a bare majority of the members will expire at the end of
one year, and the terms of the remainder at the end of two
years, from the second day of the calendar year next succeeding their appointment.
The term of each subsequent member is two years from
and after the expiration of the term of his predecessor.
In event of the resignation, death, or disability of any
member, his successor shall be appointed by the governing
body which appointed him. [1957 c 153 § 13.]
17.28.140 Board of trustees—Organization—Officers—Compensation—Expenses. The members of the first
district board shall meet on the first Monday subsequent to
thirty days after the filing with the secretary of state of the
certificate of incorporation of the district. They shall organize
by the election of one of their members as president and one
as secretary.
The members of the district board shall serve without
compensation; but the necessary expenses of each member
for actual traveling in connection with meetings or business
of the board may be allowed and paid.
The secretary shall receive such compensation as shall
be fixed by the district board. [1957 c 153 § 14.]
17.28.140
17.28.150 Board of trustees—Meetings—Rules—
Quorum. The district board shall provide for the time and
place of holding its regular meetings, and the manner of calling them, and shall establish rules for its proceedings.
Special meetings may be called by three members,
notice of which shall be given to each member at least
twenty-four hours before the meeting.
All of its sessions, whether regular or special, shall be
open to the public.
A majority of the members shall constitute a quorum for
the transaction of business. [1957 c 153 § 15.]
17.28.150
17.28.160 Powers of district. A mosquito control district organized under this chapter may:
(1) Take all necessary or proper steps for the extermination of mosquitoes.
(2) Subject to the paramount control of the county or city
in which they exist, abate as nuisances all stagnant pools of
water and other breeding places for mosquitoes.
(3) If necessary or proper, in the furtherance of the
objects of this chapter, build, construct, repair, and maintain
necessary dikes, levees, cuts, canals, or ditches upon any
land, and acquire by purchase, condemnation, or by other
lawful means, in the name of the district, any lands, rights-ofway, easements, property, or material necessary for any of
those purposes.
(4) Make contracts to indemnify or compensate any
owner of land or other property for any injury or damage necessarily caused by the use or taking of property for dikes,
levees, cuts, canals, or ditches.
17.28.160
[Title 17 RCW—page 41]
17.28.170
Title 17 RCW: Weeds, Rodents, and Pests
(5) Enter upon without hindrance any lands within the
district for the purpose of inspection to ascertain whether
breeding places of mosquitoes exist upon such lands; or to
abate public nuisances in accordance with this chapter; or to
ascertain if notices to abate the breeding of mosquitoes upon
such lands have been complied with; or to treat with oil or
other larvicidal material any breeding places of mosquitoes
upon such lands.
(6) Sell or lease any land, rights-of-way, easements,
property or material acquired by the district.
(7) Issue warrants payable at the time stated therein to
evidence the obligation to repay money borrowed or any
other obligation incurred by the district, warrants so issued to
draw interest at a rate fixed by the board payable annually or
semiannually as the board may prescribe.
(8) Make contracts with the United States, or any state,
municipality, or any department of those entities for carrying
out the general purpose for which the district is formed.
(9) Acquire by gift, devise, bequest, lease, or purchase,
real and personal property necessary or convenient for its
purposes.
(10) Make contracts, employ engineers, health officers,
sanitarians, physicians, laboratory personnel, attorneys, and
other technical or professional assistants; and publish information or literature and do any and all other things necessary
or incident to the powers granted by, and to carry out the
projects specified in this chapter. [1981 c 156 § 1; 1957 c 153
§ 16.]
17.28.170 Mosquito breeding places declared public
nuisance—Abatement. Any breeding place for mosquitoes
which exists by reason of any use made of the land on which
it is found or of any artificial change in its natural condition
is a public nuisance: PROVIDED, That conditions or usage
of land which are beyond the control of the landowner or are
not contrary to normal, accepted practices of water usage in
the district, shall not be considered a public nuisance.
The nuisance may be abated in any action or proceeding,
or by any remedy provided by law. [1959 c 64 § 2; 1957 c
153 § 17.]
17.28.170
17.28.175 Control of mosquitos—Declaration that
owner is responsible. A board established pursuant to RCW
17.28.110 may adopt, by resolution, a policy declaring that
the control of mosquitos within the district is the responsibility of the owner of the land from which the mosquitos originate. To protect the public health or welfare, the board may,
in accordance with policies and standards established by the
board following a public hearing, adopt a regulation requiring
owners of land within the district to perform such acts as may
be necessary to control mosquitos. [1990 c 300 § 2.]
17.28.175
17.28.185 Control of mosquitos—Noncompliance by
landowner with regulations. (1) Whenever the board finds
that the owner has not taken prompt and sufficient action to
comply with regulations adopted pursuant to RCW 17.28.175
to control mosquitos originating from the owner’s land, the
board shall notify the owner that a violation of this chapter
exists. The notice shall be in writing and sent by certified
mail, or served by personal service. The notice shall provide
17.28.185
[Title 17 RCW—page 42]
a reasonable time period for action to be taken to control
mosquitos. If the board deems that a public nuisance or threat
to public health or welfare caused by the mosquito infestation
is sufficiently severe, it may require immediate control action
to be taken within forty-eight hours following the time that
notification is reasonably expected to have been received by
the owner or agent by certified mail or personal service.
(2) If the owner does not take sufficient action to control
mosquitos in accordance with the notice, the board may control them, or cause their being controlled, at the expense of
the owner. The amount of such expense shall constitute a lien
against the property and may be enforced by proceedings on
such lien. The owner shall be liable for payment of the
expenses, and nothing in this chapter shall be construed to
prevent collection of any judgment on account thereof by any
means available pursuant to law, in substitution for enforcement of the lien. Necessary costs and expenses, including
reasonable attorneys’ fees, incurred by the board in carrying
out this section, may be recovered at the same time, as a part
of the action filed under this section. The venue in proceedings for reimbursement of expenses brought pursuant to this
section, including those involving governmental entities,
shall be the county in which the real property that is the subject of the action is situated. [1990 c 300 § 3.]
17.28.250
17.28.250 Interference with entry or work of district—Penalty. Any person who obstructs, hinders, or interferes with the entry upon any land within the district of any
officer or employee of the district in the performance of his
duty, and any person who obstructs, interferes with, molests,
or damages any work performed by the district, is guilty of a
misdemeanor. [1957 c 153 § 25.]
17.28.251
17.28.251 Borrowing money or issuing warrants in
anticipation of revenue. A mosquito control district may,
prior to the receipt of taxes raised by levy, borrow money or
issue warrants of the district in anticipation of revenue, and
such warrants shall be redeemed from the first money available from such taxes. [1959 c 64 § 3.]
17.28.252
17.28.252 Excess levy authorized. A mosquito control
district shall have the power to levy additional taxes in excess
of the constitutional and/or statutory limitations for any of the
authorized purposes of such district, not in excess of fifty
cents per thousand dollars of assessed value per year when
authorized so to do by the electors of such district by a threefifths majority of those voting on the proposition in the manner set forth in Article VII, section 2(a) of the Constitution of
this state, as amended by Amendment 59 and as thereafter
amended at such time as may be fixed by the board of trustees
for the district, which special election may be called by the
board of trustees of the district, at which special election the
proposition of authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "Yes" and those opposing thereto to vote "No".
Nothing herein shall be construed to prevent holding the foregoing special election at the same time as that fixed for a general election. [1973 1st ex.s. c 195 § 3; 1959 c 64 § 4.]
Additional notes found at www.leg.wa.gov
(2010 Ed.)
Mosquito Control Districts
17.28.253 District boundaries for tax purposes. For
the purpose of property taxation and the levying of property
taxes the boundaries of the mosquito control district shall be
the established official boundary of such district existing on
the first day of September of the year in which the levy is
made, and no such levy shall be made for any mosquito control district whose boundaries are not duly established on the
first day of September of such year. [1959 c 64 § 5.]
17.28.253
17.28.254 Abatement, extermination declared necessity and benefit to land. It is hereby declared that whenever
the public necessity or welfare has required the formation of
a mosquito control district, the abatement or extermination of
mosquitoes within the district is of direct, economic benefit
to the land located within such district and is necessary for
the protection of the public health, safety and welfare of those
residing therein. [1959 c 64 § 6.]
17.28.254
17.28.255 Classification of property—Assessments.
The board of trustees shall annually determine the amount of
money necessary to carry on the operations of the district and
shall classify the property therein in proportion to the benefits
to be derived from the operations of the district and in accordance with such classification shall apportion and assess the
several lots, blocks, tracts, and parcels of land or other property within the district, which assessment shall be collected
with the general taxes of the county or counties. A mosquito
control district must use the assessed value applicable to forest land, farm and agricultural land, or open space land, under
chapter 84.33 or 84.34 RCW, when the land has been designated as such and the assessed value is used as a component
in determining the district assessment. If a district uses a
fractional amount of assessed value as a component in determining the district assessment, then a fractional amount of
the value applicable to forest land, farm and agricultural land,
or open space land, under chapter 84.33 or 84.34 RCW, shall
be used. [2005 c 181 § 2; 1959 c 64 § 7.]
17.28.255
17.28.256 Assessments—Roll, hearings, notices,
objections, appeal, etc. The board of trustees in assessing
the property within the district and the rights, duties and liabilities of property owners therein shall be governed, insofar
as is consistent with this chapter, by the provisions for county
road improvement districts as set forth in RCW 36.88.090
through 36.88.110. [1959 c 64 § 8.]
17.28.256
17.28.257 Assessments—Payment, lien, delinquencies, foreclosure, etc. The provisions of RCW 36.88.120,
36.88.140, 36.88.150, 36.88.170 and 36.88.180 governing
the liens, collection, payment of assessments, delinquent
assessments, interest and penalties, lien foreclosure and foreclosed property of county road improvement districts shall
govern such matters as applied to mosquito control districts.
[1959 c 64 § 9.]
17.28.257
17.28.258 County treasurer—Duties. The county
treasurer shall collect all mosquito control district assessments, and the duties and responsibilities herein imposed
upon him shall be among the duties and responsibilities of his
office for which his bond is given as county treasurer. The
17.28.258
(2010 Ed.)
17.28.290
collection and disposition of revenue from such assessments
and the depositary thereof shall be the same as for tax revenues of such districts as provided in RCW 17.28.270. [1959
c 64 § 10.]
17.28.260 General obligation bonds—Excess property tax levies. A mosquito control district shall have the
power to issue general obligation bonds and to pledge the full
faith and credit of the district to the payment thereof, for
authorized capital purposes of the mosquito control district,
and to provide for the retirement thereof by excess property
tax levies whenever a proposition authorizing both the issuance of such bonds and the imposition of such excess levies
has been approved by the voters of the district, at an election
held pursuant to RCW 39.36.050, by three-fifths of the persons voting on said proposition at said election at which such
election the total number of persons voting on such bond
proposition shall constitute not less than forty percent of the
total number of votes cast within the area of said mosquito
control district at the last preceding county or state general
election. Mosquito control districts may become indebted for
capital purposes up to an amount equal to one and one-fourth
percent of the value of the taxable property in the district, as
the term "value of the taxable property" is defined in RCW
39.36.015.
Such bonds shall never be issued to run for a longer
period than ten years from the date of issue and shall be
issued and sold in accordance with chapter 39.46 RCW.
[1984 c 186 § 5; 1983 c 167 § 18; 1973 1st ex.s. c 195 § 4;
1970 ex.s. c 56 § 5; 1969 ex.s. c 232 § 65; 1957 c 153 § 26.]
17.28.260
Purpose—1984 c 186: See note following RCW 39.46.110.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Additional notes found at www.leg.wa.gov
17.28.270 Collection, disposition, of revenue—
Depository. All taxes levied under this chapter shall be computed and entered on the county assessment roll and collected
at the same time and in the same manner as other county
taxes. When collected, the taxes shall be paid into the county
treasury for the use of the district.
If the district is in more than one county the treasury of
the county in which the district is organized is the depository
of all funds of the district.
The treasurers of the other counties shall, at any time, not
oftener than twice each year, upon the order of the district
board settle with the district board and pay over to the treasurer of the county where the district is organized all money
in their possession belonging to the district. The last named
treasurer shall give a receipt for the money and place it to the
credit of the district. [1957 c 153 § 27.]
17.28.270
17.28.280 Withdrawal of funds. The funds shall only
be withdrawn from the county treasury depository upon the
warrant of the district board signed by its president or acting
president, and countersigned by its secretary. [1957 c 153 §
28.]
17.28.280
17.28.290 Matching funds. Any part or all of the taxes
collected for use of the district may be used for matching
17.28.290
[Title 17 RCW—page 43]
17.28.300
Title 17 RCW: Weeds, Rodents, and Pests
funds made available to the district by county, state, or federal governmental agencies. [1957 c 153 § 29.]
17.28.300 Expenses of special elections. All expenses
of any special election conducted pursuant to the provisions
of this chapter shall be paid by the mosquito control district.
[1957 c 153 § 30.]
17.28.300
17.28.310 Annual certification of assessed valuation.
It shall be the duty of the assessor of each county lying
wholly or partially within the district to certify annually to the
board the aggregate assessed valuation of all taxable property
in his county situated in any mosquito control district as the
same appears from the last assessment roll of his county.
[1957 c 153 § 31.]
17.28.310
17.28.320 Annexation of territory authorized—Consent by city. Any territory contiguous to a district may be
annexed to the district.
If the territory to be annexed is in a city, consent to the
annexation shall first be obtained from the governing body of
the city. An authenticated copy of the resolution or order of
that body consenting to the annexation shall be attached to
the annexation petition. [1957 c 153 § 32.]
portion of the territory, subject to approval of the electors of
the territory proposed to be annexed. The election to be conducted and the returns canvassed and declared insofar as is
practicable in accordance with the requirements of this chapter for the formation of a district. The expenses of such election shall be borne by the mosquito control district regardless
of the outcome of the election.
The order of annexation shall describe the boundaries of
the annexed territory and that portion of the boundary of the
district which coincides with any boundary of the territory. If
necessary in making this order, the board may have any portion of the boundaries surveyed.
If more than one petition for the annexation of the territory has been presented, the district board may in one order
include in the district any number of separate territories.
[1957 c 153 § 34.]
17.28.320
17.28.330 Annexation of territory authorized—Petition—Hearing—Boundaries. The district board, upon
receiving a written petition for annexation containing a
description of the territory sought to be annexed, signed by
registered voters in said territory equal in number to at least
ten percent of the number of votes cast in the territory for the
office of governor at the last gubernatorial election prior to
the time the petition is presented, shall set the petition for
hearing. It shall publish notice of the hearing along with a
copy of the petition, stating the time and place set for the
hearing, in each county in which any part of the district or of
the territory is situated, and in each city situated wholly or in
part in the territory. Not more than five of the names attached
to the petition need appear in the publication, but the number
of signers shall be stated.
At the time set for the hearing the district board shall
hear persons appearing in behalf of the petition and all protests and objections to it. The district board may adjourn the
hearing from time to time, but not exceeding two months in
all.
On the final hearing the district board shall make such
changes as it believes advisable in the boundaries of the territory, and shall define and establish the boundaries. It shall
also determine whether the petition meets the requirements of
this chapter. [1957 c 153 § 33.]
17.28.330
17.28.350 Annexation of territory authorized—Filing of order—Composition of board. The order of annexation shall be entered in the minutes of the board and certified
copies shall be filed with the secretary of state and with the
county clerk and county auditor of each county in which the
district or any part of it is situated.
From and after the date of the filing and recording of the
certified copies of the order, the territory described in the
order is a part of the district, with all the rights, privileges,
and powers set forth in this act and those necessarily incident
thereto.
After the annexation of territory to a district, the district
board shall consist of the number of members and shall be
appointed in the manner prescribed by this chapter for a district formed originally with boundaries embracing the
annexed territory. However, the members of the district
board in office at the time of the annexation shall continue to
serve as members during the remainder of the terms for
which they were appointed. [1957 c 153 § 35.]
17.28.350
17.28.360 Consolidation of districts—Initial proceedings. Whenever in the judgment of the district board it
is for the best interests of the district that it be consolidated
with one or more other districts, it may, by a two-thirds vote
of its members, adopt a resolution reciting that fact and
declaring the advisability of such consolidation and the willingness of the board to consolidate. The resolution shall be
sent to the board of each district with which consolidation is
proposed.
The board of each district to which a proposal of consolidation is sent shall consider said proposal and give notice of
its decision to the proposing board. [1957 c 153 § 36.]
17.28.360
17.28.370 Consolidation of districts—Concurrent
resolution. Should it appear that two-thirds of the members
of each of the boards of districts proposed to be consolidated
favor consolidation each of said boards shall then, by a vote
of not less than two-thirds of its members adopt a concurrent
resolution in favor of consolidation, declaring its willingness
to consolidate, specifying a name for the consolidated district. Immediately upon the adoption of said concurrent resolution a copy of same signed by not less than two-thirds of the
members of each board shall be forwarded to the county com17.28.370
17.28.340 Annexation of territory authorized—
Order of annexation—Election. If upon the hearing the
district board finds that the petition and the proceedings
thereon meet the requirements of this chapter and that it is
desirable and to the interests of the district and of the territory
proposed to be annexed that the territory, with boundaries as
fixed and determined by the district board, or any portion of
it, should be annexed to the district, the board shall order the
boundaries of the district changed to include the territory, or
17.28.340
[Title 17 RCW—page 44]
(2010 Ed.)
Mosquito Control Districts
missioners of the county in which all of or a major portion of
the land of all, the districts consolidated are situated. [1957 c
153 § 37.]
17.28.380 Consolidation of districts—Election.
When the concurrent resolution for consolidation has been
adopted, each board of the districts proposed for consolidation shall forthwith call a special election in its district in
which shall be presented to the electors of the districts the
question whether the consolidation shall be effected.
The election shall be conducted and the returns canvassed and declared insofar as is practicable in accordance
with the requirements of this chapter for the formation of a
district.
The board of each district shall declare the returns of the
election in its district, and shall certify the results to the
county commissioners of the county in which all the districts,
or the major portion of the land of all the districts, are situated. [1957 c 153 § 38.]
17.28.380
17.28.390 Consolidation of districts—Order of consolidation. Should not less than two-thirds of the votes of
each of the respective districts proposed to be consolidated
favor consolidation the county commissioners shall immediately:
(1) Enter an order on its minutes consolidating all of the
districts proposed for consolidation into one district with
name as specified in the concurrent resolution.
(2) Transmit a certified copy of the order to the county
commissioners of any other county in which any portion of
the consolidated district is situated.
(3) Record a copy in the office of the county auditor of
each of the counties in which any portion of the consolidated
district is situated.
(4) File a copy in the office of the secretary of state.
After the transmission, recording and filing of the order,
the territory in the districts entering into the consolidation
proposal forms a single consolidated district. [1957 c 153 §
39.]
17.28.390
17.28.400 Consolidation of districts—Composition of
board. After the consolidation, the board of the consolidated
district shall consist of the number and shall be appointed in
the manner prescribed by this chapter for a district originally
formed.
The terms of the members of the district boards of the
several districts consolidated who are in office at the time of
consolidation shall terminate at the time the consolidation
becomes effective. [1957 c 153 § 40.]
17.28.400
17.28.450
A consolidated district shall not be liable for any indebtedness of any of the former districts included in it which was
outstanding at the time of consolidation.
No property in any of the former districts shall be taxed
to pay any indebtedness of any other former district existing
at the date of the consolidation. [1957 c 153 § 41.]
17.28.420 Dissolution—Election. The district may at
any time be dissolved upon the vote of two-thirds of the qualified electors in the district at a special election called by the
district board upon the question. The question shall be submitted as, "Shall the district be dissolved?", or words to that
effect.
Notice of the election shall be published at least once a
week for at least four weeks prior to the date of the election in
a newspaper of general circulation in each county of the district. [1957 c 153 § 42.]
17.28.420
17.28.430 Dissolution—Result of election to be certified—Certificate of dissolution. Should two-thirds or more
of the votes at the election favor dissolution the district board
shall certify that fact to the secretary of state. Upon receipt of
such certification the secretary of state shall issue his certificate reciting that the district (naming it) has been dissolved,
and shall transmit to and file a copy with the county clerk of
each county in which any portion of the district is situated.
After the date of the certificate of the secretary of state,
the district is dissolved. [1957 c 153 § 43.]
17.28.430
17.28.440 Dissolution—Disposition of property. If
the district at the time of dissolution was wholly within unincorporated territory in one county, its property vests in that
county.
If the district at the time of dissolution was situated
wholly within the boundaries of a single city, its property
vests in that city.
If the district at the time of dissolution comprised only
unincorporated territory in two or more counties, its property
vests in those counties in proportion to the assessed value of
each county’s property within the boundaries of the district as
shown on the last equalized county assessment roll.
If the district at the time of dissolution comprised both
incorporated and unincorporated territory, its property vests
in each unit in proportion as its assessed property value lies
within the boundaries of the district: PROVIDED, HOWEVER, That any real property, easements, or rights-of-way
vest in the city in which they are situated or in the county in
which they are situated. [1957 c 153 § 44.]
17.28.440
17.28.450 Dissolution—Collection of taxes to discharge indebtedness. If, at the time of election to dissolve,
a district has outstanding any indebtedness, the vote to dissolve the district dissolves it for all purposes except the levy
and collection of taxes for the payment of the indebtedness,
and expenses of assessing, levying, and collecting such taxes.
Until the indebtedness is paid, the county commissioners
of the county in which the greater portion of the district was
situated shall act as the ex officio district board and shall levy
taxes and perform such functions as may be necessary in
order to pay the indebtedness. [1957 c 153 § 45.]
17.28.450
17.28.410 Consolidation of districts—Powers of consolidated district—Indebtedness of former districts. The
consolidated district has all the rights, powers, duties, privileges and obligations of a district formed originally under the
provisions of this chapter.
If at the time of consolidation there is outstanding an
indebtedness of any of the former districts included in the
consolidated district, that indebtedness shall be paid in the
manner provided for the payment of indebtedness upon dissolution of a district.
17.28.410
(2010 Ed.)
[Title 17 RCW—page 45]
17.28.900
Title 17 RCW: Weeds, Rodents, and Pests
17.28.900 Severability—1957 c 153. If any part, or
parts, of this chapter shall be held unconstitutional, the
remaining provisions shall be given full force and effect, as
completely as if the part held unconstitutional had not been
included therein, if any such remaining part can then be
administered in furtherance of the purposes of this chapter.
[1957 c 153 § 46.]
17.28.900
Chapter 17.34
Chapter 17.34 RCW
PEST CONTROL COMPACT
Sections
17.34.010
17.34.020
17.34.030
17.34.040
17.34.050
17.34.060
17.34.070
Compact provisions.
Cooperation with insurance fund authorized.
Filing of bylaws and amendments.
Compact administrator.
Requests or applications for assistance from insurance fund.
Agency incurring expenses to be credited with payments to
this state.
"Executive head" defined.
17.34.010 Compact provisions. The pest control compact is hereby enacted into law and entered into with all other
jurisdiction legally joining therein in the form substantially as
follows:
17.34.010
ARTICLE I
FINDINGS
The party states find that:
1. In the absence of the higher degree of cooperation
among them possible under this compact, the annual loss of
approximately seven billion dollars from the depredations of
pests is virtually certain to continue, if not to increase.
2. Because of varying climatic, geographic and economic factors, each state may be affected differently by particular species of pests; but all states share the inability to
protect themselves fully against those pests which present
serious dangers to them.
3. The migratory character of pest infestations makes it
necessary for states both adjacent to and distant from one
another, to complement each other’s activities when faced
with conditions of infestation and reinfestation.
4. While every state is seriously affected by a substantial
number of pests, and every state is susceptible of infestation
by many species of pests not now causing damage to its crop
and plant life and products, the fact that relatively few species
of pests present equal danger to or are of interest to all states
makes the establishment and operation of an Insurance Fund,
from which individual states may obtain financial support for
pest control programs of benefit to them in other states and to
which they may contribute in accordance with their relative
interests, the most equitable means of financing cooperative
pest eradication and control programs.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a
different construction:
1. "State" means a state, territory or possession of the
United States, the District of Columbia, and the Commonwealth of Puerto Rico.
[Title 17 RCW—page 46]
2. "Requesting state" means a state which invokes the
procedures of the compact to secure the undertaking or intensification of measures to control or eradicate one or more
pests within one or more other states.
3. "Responding state" means a state request to undertake
or intensify the measures referred to in subdivision (2) of this
Article.
4. "Pest" means any invertebrate animal, pathogen, parasitic plant or similar or allied organism which can cause disease or damage in any crops, trees, shrubs, grasses or other
plants of substantial value.
5. "Insurance Fund" means the Pest Control Insurance
Fund established pursuant to this compact.
6. "Governing Board" means the administrators of this
compact representing all of the party states when such administrators are acting as a body in pursuance of authority vested
in them by this compact.
7. "Executive Committee" means the committee established pursuant to Article V(E) of this compact.
ARTICLE III
THE INSURANCE FUND
There is hereby established the Pest Control Insurance Fund
for the purpose of financing other than normal pest control
operations which states may be called upon to engage in pursuant to this compact. The Insurance Fund shall contain
moneys appropriated to it by the party states and any donations and grants accepted by it. All appropriations, except as
conditioned by the rights and obligations of party states
expressly set forth in this compact, shall be unconditional and
may not be restricted by the appropriating state to use in the
control of any specified pest or pests. Donations and grants
may be conditional or unconditional, provided that the Insurance Fund shall not accept any donation or grant whose terms
are inconsistent with any provision of this compact.
ARTICLE IV
THE INSURANCE FUND, INTERNAL OPERATIONS
AND MANAGEMENT
A. The Insurance Fund shall be administered by a Governing Board and Executive Committee as hereinafter provided. The actions of the Governing Board
and Executive Committee pursuant to this compact
shall be deemed the actions of the Insurance Fund.
B. The members of the Governing Board shall be entitled to one vote each on such Board. No action of
the Governing Board shall be binding unless taken
at a meeting at which a majority of the total number
of votes on the Governing Board are cast in favor
thereof. Action of the Governing Board shall be
only at a meeting at which a majority of the members are present.
C. The Insurance Fund shall have a seal which may be
employed as an official symbol and which may be
affixed to documents and otherwise used as the
Governing Board may provide.
D. The Governing Board shall elect annually, from
among its members, a chairman, a vice chairman, a
secretary and a treasurer. The chairman may not
succeed himself. The Governing Board may
appoint an executive director and fix his duties and
his compensation, if any. Such executive director
shall serve at the pleasure of the Governing Board.
(2010 Ed.)
Pest Control Compact
The Governing Board shall make provisions for the
bonding of such of the officers and employees of the
Insurance Fund as may be appropriate.
E. Irrespective of the civil service, personnel or other
merit system laws of any of the party states, the
executive director, or if there be no executive director, the chairman, in accordance with such procedures as the bylaws may provide, shall appoint,
remove or discharge such personnel as may be necessary for the performance of the functions of the
Insurance Fund and shall fix the duties and compensation of such personnel. The Governing Board in
its bylaws shall provide for the personnel policies
and programs of the Insurance Fund.
F. The Insurance Fund may borrow, accept or contract
for the services of personnel from any state, the
United States, or any other governmental agency, or
from any person, firm, association or corporation.
G. The Insurance Fund may accept for any of its purposes and functions under this compact any and all
donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other
governmental agency, or from any person, firm,
association or corporation, and may receive, utilize
and dispose of the same. Any donation, gift or grant
accepted by the Governing Board pursuant to this
paragraph or services borrowed pursuant to paragraph (F) of this Article shall be reported in the
annual report of the Insurance Fund. Such report
shall include the nature, amount and conditions, if
any, of the donation, gift, grant or services borrowed
and the identity of the donor or lender.
H. The Governing Board shall adopt bylaws for the
conduct of the business of the Insurance Fund and
shall have the power to amend and rescind these
bylaws. The Insurance Fund shall publish its
bylaws in convenient form and shall file a copy
thereof and a copy of any amendment thereto with
the appropriate agency or officer in each of the party
states.
I. The Insurance Fund annually shall make to the Governor and legislature of each party state a report covering its activities for the preceding year. The Insurance Fund may make such additional reports as it
may deem desirable.
J. In addition to the powers and duties specifically
authorized and imposed, the Insurance Fund may do
such other things as are necessary and incidental to
the conduct of its affairs pursuant to this compact.
C.
D.
E.
A.
ARTICLE V
COMPACT AND INSURANCE
FUND ADMINISTRATION
A. In each party state there shall be a compact administrator, who shall be selected and serve in such manner as the laws of his state may provide, and who
shall:
1. Assist in the coordination of activities pursuant to the compact in his state; and
2. Represent his state on the Governing Board
of the Insurance Fund.
B. If the laws of the United States specifically so provide, or if administrative provision is made therefor
within the Federal Government, the United States
may be represented on the Governing Board of the
(2010 Ed.)
B.
17.34.010
Insurance Fund by not to exceed three representatives. Any such representative or representatives of
the United States shall be appointed and serve in
such manner as may be provided by or pursuant to
federal law, but no such representative shall have a
vote on the Governing Board or on the Executive
Committee thereof.
The Governing Board shall meet at least once each
year for the purpose of determining policies and
procedures in the administration of the Insurance
Fund and, consistent with the provisions of the compact, supervising and giving direction to the expenditure of moneys from the Insurance Fund. Additional meetings of the Governing Board shall be
held on call of the chairman, the Executive Committee, or a majority of the membership of the Governing Board.
At such times as it may be meeting, the Governing
Board shall pass upon applications for assistance
from the Insurance Fund and authorize disbursements therefrom. When the Governing Board is not
in session, the Executive Committee thereof shall
act as agent of the Governing Board, with full
authority to act for it in passing upon such applications.
The Executive Committee shall be composed of the
chairman of the Governing Board and four additional members of the Governing Board chosen by it
so that there shall be one member representing each
of four geographic groupings of party states. The
Governing Board shall make such geographic
groupings. If there is representation of the United
States on the Governing Board one such representative may meet with the Executive Committee. The
chairman of the Governing Board shall be chairman
of the Executive Committee. No action of the Executive Committee shall be binding unless taken at a
meeting at which at least four members of such
Committee are present and vote in favor thereof.
Necessary expenses of each of the five members of
the Executive Committee incurred in attending
meetings of such Committee, when not held at the
same time and place as a meeting of the Governing
Board, shall be charges against the Insurance Fund.
ARTICLE VI
ASSISTANCE AND REIMBURSEMENT
Each party state pledges to each other party state
that it will employ its best efforts to eradicate, or
control within the strictest practicable limits, any
and all pests. It is recognized that performance of
this responsibility involves:
1. The maintenance of pest control and eradication activities of interstate significance by a party
state at a level that would be reasonable for its own
protection in the absence of this compact.
2. The meeting of emergency outbreaks or
infestations of interstate significance to no less an
extent than would have been done in the absence of
this compact.
Whenever a party state is threatened by a pest not
present within its borders but present within another
party state, or whenever a party state is undertaking
or engaged in activities for the control or eradication
of a pest or pests, and finds that such activities are or
would be impracticable or substantially more difficult of success by reason of failure of another party
[Title 17 RCW—page 47]
17.34.010
Title 17 RCW: Weeds, Rodents, and Pests
state to cope with infestation or threatened infestation, that state may request the Governing Board to
authorize expenditures from the Insurance Fund for
eradication or control measures to be taken by one
or more of such other party states at a level sufficient to prevent, or to reduce to the greatest practicable extent, infestation or reinfestation of the requesting state. Upon such authorization the responding
state or states shall take or increase such eradication
or control measures as may be warranted. A
responding state shall use moneys made available
from the Insurance Fund expeditiously and efficiently to assist in affording the protection
requested.
C. In order to apply for expenditures from the Insurance Fund, a requesting state shall submit the following in writing:
1. A detailed statement of the circumstances
which occasion the request for the invoking of the
compact.
2. Evidence that the pest on account of whose
eradication or control assistance is requested constitutes a danger to an agricultural or forest crop, product, tree, shrub, grass or other plant having a substantial value to the requesting state.
3. A statement of the extent of the present and
projected program of the requesting state and its
subdivision, including full information as to the
legal authority for the conduct of such program or
programs and the expenditures being made or budgeted therefor, in connection with the eradication,
control, or prevention of introduction of the pest
concerned.
4. Proof that the expenditures being made or
budgeted as detailed in item 3 do not constitute a
reduction of the effort for the control or eradication
of the pest concerned or, if there is a reduction, the
reasons why the level of program detailed in item 3
constitutes a normal level of pest control activity.
5. A declaration as to whether, to the best of its
knowledge and belief, the conditions which in its
view occasion the invoking of the compact in the
particular instance can be abated by a program
undertaken with the aid of moneys from the Insurance Fund in one year or less, or whether the request
is for an installment in a program which is likely to
continue for a longer period of time.
6. Such other information as the Governing
Board may require consistent with the provisions of
this compact.
D. The Governing Board or Executive Committee shall
give due notice of any meeting at which an application for assistance from the Insurance Fund is to be
considered. Such notice shall be given to the compact administrator of each party state and to such
other officers and agencies as may be designated by
the laws of the party states. The requesting state and
any other party state shall be entitled to be represented and present evidence and argument at such
meeting.
E. Upon the submission as required by paragraph (C)
of this Article and such other information as it may
have or acquire, and upon determining that an
expenditure of funds is within the purposes of this
[Title 17 RCW—page 48]
compact and justified thereby, the Governing Board
or Executive Committee shall authorize support of
the program. The Governing Board or the Executive Committee may meet at any time or place for
the purpose of receiving and considering an application. Any and all determinations of the Governing
Board or Executive Committee, with respect to an
application, together with the reasons therefor shall
be recorded and subscribed in such manner as to
show and preserve the votes of the individual members thereof.
F. A requesting state which is dissatisfied with a determination of the Executive Committee shall upon
notice in writing given within twenty days of the
determination with which it is dissatisfied, be entitled to receive a review thereof at the next meeting
of the Governing Board. Determinations of the
Executive Committee shall be reviewable only by
the Governing Board at one of its regular meetings,
or at a special meeting held in such manner as the
Governing Board may authorize.
G. Responding states required to undertake or increase
measures pursuant to this compact may receive
moneys from the Insurance Fund, either at the time
or times when such state incurs expenditures on
account of such measures, or as reimbursement for
expenses incurred and chargeable to the Insurance
Fund. The Governing Board shall adopt and, from
time to time, may amend or revise procedures for
submission of claims upon it and for payment
thereof.
H. Before authorizing the expenditure of moneys from
the Insurance Fund pursuant to an application of a
requesting state, the Insurance Fund shall ascertain
the extent and nature of any timely assistance or participation which may be available from the Federal
Government and shall request the appropriate
agency or agencies of the Federal Government for
such assistance and participation.
I. The Insurance Fund may negotiate and execute a
memorandum of understanding or other appropriate
instrument defining the extent and degree of assistance or participation between and among the Insurance Fund, cooperating federal agencies, states and
any other entities concerned.
ARTICLE VII
ADVISORY AND TECHNICAL COMMITTEES
The Governing Board may establish advisory and technical
committees composed of state, local, and federal officials,
and private persons to advise it with respect to any one or
more of its functions. Any such advisory or technical committee, or any member or members thereof may meet with
and participate in its deliberations. Upon request of the Governing Board or Executive Committee an advisory or technical committee may furnish information and recommendations with respect to any application for assistance from the
Insurance Fund being considered by such Board or Committee and the Board or Committee may receive and consider the
same: provided that any participant in a meeting of the Governing Board or Executive Committee held pursuant to Article VI(D) of the compact shall be entitled to know the substance of any such information and recommendations, at the
time of the meeting if made prior thereto or as a part thereof
or, if made thereafter, no later than the time at which the Gov(2010 Ed.)
Pest Control Compact
erning Board or Executive Committee makes its disposition
of the application.
ARTICLE VIII
RELATIONS WITH NONPARTY JURISDICTIONS
A. A party state may make application for assistance
from the Insurance Fund in respect of a pest in a
nonparty state. Such application shall be considered
and disposed of by the Governing Board or Executive Committee in the same manner as an application with respect to a pest within a party state, except
as provided in this Article.
B. At or in connection with any meeting of the Governing Board or Executive Committee held pursuant to
Article VI(D) of this compact a nonparty state shall
be entitled to appear, participate, and receive information only to such extent as the Governing Board
or Executive Committee may provide. A nonparty
state shall not be entitled to review of any determination made by the Executive Committee.
C. The Governing Board or Executive Committee shall
authorize expenditures from the Insurance Fund to
be made in a nonparty state only after determining
that the conditions in such state and the value of
such expenditures to the party states as a whole justify them. The Governing Board or Executive Committee may set any conditions which it deems appropriate with respect to the expenditure of moneys
from the Insurance Fund in a nonparty state and may
enter into such agreement or agreements with nonparty states and other jurisdictions or entities as it
may deem necessary or appropriate to protect the
interests of the Insurance Fund with respect to
expenditures and activities outside of party states.
ARTICLE IX
FINANCE
A. The Insurance Fund shall submit to the executive
head or designated officer or officers of each party
state a budget for the Insurance Fund for such period
as may be required by the laws of that party state for
presentation to the legislature thereof.
B. Each of the budgets shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The requests for
appropriations shall be apportioned among the party
states as follows: one-tenth of the total budget in
equal shares and the remainder in proportion to the
value of agricultural and forest crops and products,
excluding animals and animal products, produced in
each party state. In determining the value of such
crops and products the Insurance Fund may employ
such source or sources of information as in its judgment present the most equitable and accurate comparisons among the party states. Each of the budgets and requests for appropriations shall indicate
the source or sources used in obtaining information
concerning value of products.
C. The financial assets of the Insurance Fund shall be
maintained in two accounts to be designated respectively as the "Operating Account" and the "Claims
Account". The Operating Account shall consist
only of those assets necessary for the administration
of the Insurance Fund during the next ensuing twoyear period. The Claims Account shall contain all
moneys not included in the Operating Account and
(2010 Ed.)
17.34.010
shall not exceed the amount reasonably estimated to
be sufficient to pay all legitimate claims on the
Insurance Fund for a period of three years. At any
time when the Claims Account has reached its maximum limit or would reach its maximum limit by the
addition of moneys requested for appropriation by
the party states, the Governing Board shall reduce
its budget requests on a pro rata basis in such manner as to keep the Claims Account within such maximum limit. Any moneys in the Claims Account by
virtue of conditional donations, grants or gifts shall
be included in calculations made pursuant to this
paragraph only to the extent that such moneys are
available to meet demands arising out of claims.
D. The Insurance Fund shall not pledge the credit of
any party state. The Insurance Fund may meet any
of its obligations in whole or in part with moneys
available to it under Article IV(G) of this compact,
provided that the Governing Board takes specific
action setting aside such moneys prior to incurring
any obligation to be met in whole or in part in such
manner. Except where the Insurance Fund makes
use of moneys available to it under Article IV(G)
hereof, the Insurance Fund shall not incur any obligation prior to the allotment of moneys by the party
states adequate to meet the same.
E. The Insurance Fund shall keep accurate accounts of
all receipts and disbursements. The receipts and disbursements of the Insurance Fund shall be subject to
the audit and accounting procedures established
under its bylaws. However, all receipts and disbursements of funds handled by the Insurance Fund
shall be audited yearly by a certified or licensed
public accountant and a report of the audit shall be
included in and become part of the annual report of
the Insurance Fund.
F. The accounts of the Insurance Fund shall be open at
any reasonable time for inspection by duly authorized officers of the party states and by any persons
authorized by the Insurance Fund.
ARTICLE X
ENTRY INTO FORCE AND WITHDRAWAL
A. This compact shall enter into force when enacted
into law by any five or more states: provided, that
one such state is contiguous to this state and the legislature has appropriated the necessary funds.
Thereafter, this compact shall become effective as to
any other state upon its enactment thereof.
B. Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such
withdrawal shall take effect until two years after the
executive head of the withdrawing state has given
notice in writing of the withdrawal to the executive
heads of all other party states. No withdrawal shall
affect any liability already incurred by or chargeable
to a party state prior to the time of such withdrawal.
ARTICLE XI
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate
the purposes thereof. The provisions of this compact shall be
severable and if any phrase, clause, sentence or provision of
this compact is declared to be contrary to the constitution of
any state or of the United States or the applicability thereof to
any government, agency, person or circumstance is held
[Title 17 RCW—page 49]
17.34.020
Title 17 RCW: Weeds, Rodents, and Pests
invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person or
circumstance shall not be affected thereby. If this compact
shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and
effect as to the remaining party states and in full force and
effect as to the state affected as to all severable matters.
[1969 ex.s. c 130 § 1.]
17.34.020 Cooperation with insurance fund authorized. Consistent with law and within available appropriations, the departments, agencies and officers of this state may
cooperate with the insurance fund established by the Pest
Control Compact. [1969 ex.s. c 130 § 2.]
17.34.020
17.34.030 Filing of bylaws and amendments. Pursuant to Article IV(H) of the compact, copies of bylaws and
amendments thereto shall be filed with the code reviser’s
office. [1969 ex.s. c 130 § 3.]
17.34.030
17.34.040 Compact administrator. The compact
administrator for this state shall be the director of agriculture.
The duties of the compact administrator shall be deemed a
regular part of his office. [1969 ex.s. c 130 § 4.]
17.34.040
17.34.050 Requests or applications for assistance
from insurance fund. Within the meaning of Article VI(B)
or VIII(A), a request or application for assistance from the
insurance fund may be made by the director of agriculture
whenever in his judgment the conditions qualifying this state
for such assistance exist and it would be in the best interest of
this state to make such request. [1969 ex.s. c 130 § 5.]
17.34.050
17.34.060 Agency incurring expenses to be credited
with payments to this state. The department, agency, or
officer expending or becoming liable for an expenditure on
account of a control or eradication program undertaken or
intensified pursuant to the compact shall have credited to his
account in the state treasury the amount or amounts of any
payments made to this state to defray the cost of such program, or any part thereof, or as reimbursement thereof. [1969
ex.s. c 130 § 6.]
17.34.060
17.34.070 "Executive head" defined. As used in the
compact, with reference to this state, the term "executive
head" shall mean the director of agriculture. [1969 ex.s. c
130 § 7.]
17.34.070
[Title 17 RCW—page 50]
(2010 Ed.)
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