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respondent pay the costs of monitoring. The court shall consider the ability of the
<br /> convicted person to pay for electronic monitoring.
<br /> B. Any assault that is a violation of an order issued under the Sexual Assault
<br /> Protection Order Act (Sections 1 through 20 of Chapter 138, Laws of 2006), Chapter
<br /> 10.99, 26.09, 26.10, 26.26, 26.50 or 74.34 RCW, or of a valid foreign protection order as
<br /> defined in RCW 26.52.020, and that does not amount to assault in the first or second
<br /> degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in
<br /> violation of such an order that is reckless and creates a substantial risk of death or serious
<br /> injury to another person is a class C felony.
<br /> C. A violation of a court order issued under the Sexual Assault Protection Order Act
<br /> (Sections 1 through 20 of Chapter 138, Laws of 2006), Chapter 10.99, 26.09, 26.10,
<br /> 26.26, 26.50 or 74.34 RCW, or of a valid foreign protection order as defined in RCW
<br /> 26.52.020, is a class C felony if the offender has at least two previous convictions for
<br /> violating the provisions of an order issued under Chapter 10.99, 26.09, 26.10, 26.26,
<br /> 26.50 or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020.
<br /> The previous convictions may involve the same victim or other victims specifically
<br /> protected by the orders the offender violated.
<br /> Is hereby amended to read as follows:
<br /> Violation of order for protection.
<br /> A. Whenever an order is granted under Chapter 7.90, 10.99, 26.09, 26.10, 26.26,
<br /> 26.50 or 74.34 RCW, or there is a valid foreign protection order as defined in RCW
<br /> 26.52.020, and the respondent or person to be restrained knows of the order, a violation
<br /> of any of the following provisions of the order is a gross misdemeanor, except as
<br /> provided in subsection(B) or(C) of this section:
<br /> i) The restraint provisions prohibiting acts or threats of violence against, or stalking
<br /> of, a protected party, or restraint provisions prohibiting contact with a protected party;
<br /> ii) A provision excluding the person from a residence, workplace, school, or day
<br /> care;
<br /> iii) A provision prohibiting a person from knowingly coming within, or knowingly
<br /> remaining within, a specified distance of a location;
<br /> iv) A provision of a foreign protection order specifically indicating that a violation
<br /> will be a crime.
<br /> Upon conviction, and in addition to any other penalties provided by law, the court may
<br /> require that the respondent submit to electronic monitoring. The court shall specify who
<br /> shall provide the electronic monitoring services, and the terms under which the
<br /> monitoring shall be performed. The order also may include a requirement that the
<br /> respondent pay the costs of monitoring. The court shall consider the ability of the
<br /> convicted person to pay for electronic monitoring.
<br /> B. Any assault that is a violation of an order issued under Chapter 7.90, 10.99, 26.09,
<br /> 26.10, 26.26, 26.50 or 74.34 RCW, or of a valid foreign protection order as defined in
<br /> RCW 26.52.020, and that does not amount to assault in the first or second degree under
<br /> RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of such
<br /> an order that is reckless and creates a substantial risk of death or serious injury to another
<br /> person is a class C felony.
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