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Ordinance 3892-22
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Ordinance 3892-22
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8/12/2022 9:31:13 AM
Creation date
8/12/2022 9:30:57 AM
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Ordinances
Ordinance Number
3892-22
Date
8/10/2022
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notice that an order has been terminated under subsection B of this section,the law enforcement <br /> agency shall remove the order from the computer-based criminal intelligence information system. <br /> Section 5. Chapter 10.22 EMC is amended as follows, with strikeouts deleted and underlining <br /> added: <br /> EMC 10.22.010 Violation-of-No-Contact Order—Pre-trial: <br /> A. 1. Because of the likelihood of repeated violence directed at those who have been victims of <br /> domestic violence in the past,when any person charged with or arrested for a crime involving domestic <br /> violence is released from custody before arraignment or trial on bail or personal recognizance,the court <br /> authorizing the release may prohibit that person from having any contact with the victim.The <br /> jurisdiction authorizing the release shall determine whether that person should be prohibited from <br /> having any contact with the victim. If there is no outstanding restraining or protective order prohibiting <br /> that person from having contact with the victim,the court authorizing release may issue, by telephone, <br /> a no-contact order prohibiting the person charged or arrested from having contact with the victim or <br /> from knowingly coming within, or knowingly remaining within, a specified distance of a location. <br /> 2. In issuing the order,the court shall also consider the provisions of RCW 9.41.800. <br /> 3. The no-contact order shall also be issued in writing as soon as possible. <br /> B. At the time of arraignment the court shall determine whether a no-contact order shall be issued or <br /> extended.The no-contact order shall terminate if the defendant is acquitted or the charges are <br /> dismissed. If a no-contact order is issued or extended,the court may also include in the conditions of <br /> release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is <br /> ordered, the court shall specify who shall provide the monitoring services, and the terms under which <br /> the monitoring shall be performed. Upon conviction,the court may require as a condition of the <br /> sentence that the defendant reimburse the providing agency for the cost of the electronic monitoring. <br /> C. 1. For violations committed prior to August 25, 2022,Wwillful violation of a court order issued <br /> under subsection A or B of this section, and/or under the authority of RCW 10.99.040(2) or(3), is <br /> punishable under Section 10.22.040. For violations committed on or after August 25, 2022, see EMC <br /> 10.22.021 <br /> 2. The written order releasing the person charged or arrested shall contain the court's directives and <br /> shall bear the legend: "Violation of this order is a criminal offense under chapter 26.50 7.105 RCW and <br /> will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a <br /> violation of this order is a felony. You can be arrested even if any person protected by the order invites <br /> or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from <br /> violating the order's prohibitions. Only the court can change the order." <br /> Lz 2022 ORDINANCE Page 4 of 9 <br />
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