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is hereby amended to read as follows:
<br /> Violation of order for protection.
<br /> A. Whenever an order is granted under Chapter 26.50 RCW, Chapter 10.99, 26.09,
<br /> 26.10, 26.26, or 74.34 RCW, or there is a valid foreign protection order as defined in
<br /> RCW 26.52.020, and the respondent or person to be restrained knows of the order, a
<br /> violation of the restraint provisions, or of a provision excluding the person from a
<br /> residence, workplace, school, or day care, or of a provision prohibiting a person from
<br /> knowingly coming within, or knowingly remaining within, a specified distance of a
<br /> location, or of a provision of a foreign protection order specifically indicating that a
<br /> violation will be a crime, for which an arrest is required under RCW 10.31.100(2) (a) or
<br /> (b), is a gross misdemeanor except as provided in subsections B and C of this section.
<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 26.50 RCW, Chapter
<br /> 10.99, 26.09, 26.10, 26.26, 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 Chapter 26.50 RCW, Chapter 10.99, 26.09,
<br /> 26.10, 26.26, 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 26.50 RCW, Chapter 10.99,
<br /> 26.09, 26.10, 26.26 or 74.34 RCW, or a valid foreign protection order as defined in RCW
<br /> 26.52.020. The previous convictions may involve the same victim or other victims
<br /> specifically protected by the orders the offender violated.
<br /> Section 2: Severability.
<br /> Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or
<br /> its application to any person or situation be declared unconstitutional or invalid for any
<br /> reason, such decision shall not affect the validity of the remaining portions of this
<br /> ordinance or its application to any other person or situation. The City Council of the City
<br /> of Everett hereby declares that it would have adopted this ordinance and each section,
<br /> subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one
<br /> or more sections, subsections, clauses, phrases or portions be declared invalid or
<br /> unconstitutional.
<br /> Section 3: Third Party Liability
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