1.

CrRLJ 07.0100

Judgment and Sentence (DUIJS)

To implement 2005 Wash. Laws 457 (E2SSB 5454) § 10, relating to court funding, the following is added to the FINE section:

 plus criminal conviction fee  $         

2.

CrRLJ 07.0110

Judgment and Sentence

To implement 2005 Wash. Laws 457 (E2SSB 5454) § 10, relating to court funding, the following is also added to the FINE section of the non-DUI judgment and sentence form:

 plus criminal conviction fee    $         

3.

CrRLJ 07.0500

Standing Order of Requirements for Defendants Prohibited from Operating a Vehicle that is not Equipped with a Functioning Ignition Interlock Devise Under RCW 64.20.720(1) OR 46.61.5055(4), (9)

To implement 2005 Wash. Laws 200 (HB 1872) § 2, relating to Ignition Interlock Devises, paragraph 5 is changed as follows:

The defendant shall not personally tamper, and shall not direct, authorize or request another person to tamper, with the ignition interlock device in order to circumvent the device by modifying, detaching, disconnecting or otherwise disabling the devise.  Violation of this provision is a gross misdemeanor., remove, or circumvent (1) any ignition interlock device, (2) the wiring of any ignition interlock device, or (3) the ignition system of any vehicle equipped with an ignition interlock device; and

Paragraph 6.B.1. is changed as follows:

(1)  Evidence that the ignition interlock device was adjusted, tampered with, or circumvented was tampered with in order to circumvent the device by modifying, detaching, disconnecting or otherwise disabling the device.

4.

CrRLJ 07.0900

Domestic Violence No-Contact Order (Misdemeanor)

As indicated above, insert “(Misdemeanor)” below the form title in the right side of the caption.  This change clarifies that the no-contact order is for use in misdemeanor and gross misdemeanor cases.

Change the superior court docket code from “ORPRT” to “ORNC” in the caption and in the footer.

In the text of the form, insert “1.” in front of the first paragraph and insert the following phrase before “the court finds…:”

“Based upon the certificate of probable cause and/or other documents contained in the case record, testimony, and the statements of counsel,...”

Insert the following as the new paragraph 2:

2.  The court further finds that the defendant’s relationship to a person protected by this order is: 
 current or former spouse  parent of a common child  current or former cohabitant as intimate partner  other family or household member as defined in RCW 10.99.

The check box finding regarding a pretrial order is changed from:

    This is a pretrial order prohibiting possession of firearms or other dangerous weapons and the court makes the findings pursuant to RCW 9.41.800.

to:

3.   (Pretrial order) The court makes the following findings pursuant to RCW 9.41.800:    the defendant used, displayed, or threatened to use a firearm or other dangerous weapon in a felony;   the defendant previously committed an offense that makes him or her ineligible to possess a firearm under the provisions of RCW 9.41.040; or   possession of a firearm or other dangerous weapon by the defendant presents a serious and imminent threat to public health or safety, or to the health or safety of any individual.

After “IT IS ORDERED THAT,” the existing restraint provisions are listed as “A.” through “C.”  The following new restraint provisions are added:

D.    (Pretrial RCW 9.41.800 findings made) Obtaining or possessing a firearm, other dangerous weapon or concealed pistol license.

               (Conviction of offense listed in RCW 9.41.040(2)) Obtaining, owning, possessing, or controlling a firearm.

After the restraint provisions in “D,” and immediately above the pretrial order regarding surrender of firearms, insert the following new heading:  “IT IS FURTHER ORDERED THAT:”

Change the pretrial order to:

[ ]    (Pretrial order) The defendant shall immediately surrender all firearms and other dangerous weapons within the defendant’s possession or control and any concealed pistol license to: _____________________ [name/law enforcement agency].

In the fourth paragraph in the “Warnings to the Defendant,” insert the following phrase after “…an opportunity to participate, the defendant,” and before “may not possess:”

“…if a spouse or former spouse, a parent of a common child, or a current or former cohabitant as intimate partner of the person(s) protected by this order,…”