Ordinance 2467-00 - Laserfiche WebLink

f ORDINANCE NO. 2467-00 AN ORDINANCE Relating to No-Contact Orders, amending Sections 1 and 2 of Ordinance No. 1234-86, as amended by Sections 1 and 2 of Ordinance No. 1807-91 and Sections 1 and 2 of Ordinance No. 2291-98 (EMC Sections 10.22.010 and 10.22.020). WHEREAS, the 2000 Washington State Legislature amended laws relating to orders prohibiting domestic violence offenders from having any contact with the victim; and WHEREAS, the City of Everett City Council deems it appropriate for the City Criminal Code to be consistent with state law in this area. NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: Section 1 of Ordinance No. 1234-86, as amended by Section 1 of Ordinance No. 1807-91 and Section 1 of Ordinance No. 2291-98 (Everett Municipal Code Section 10.22.010), which reads as follows: Violation of no-contact order—Pre-trial. A. Wilful violation of a court order issued under RCW 10.99.040(2) or(3) is a gross misdemeanor, except as provided in subsections B and C of this section. Upon conviction, and in addition to any other penalties provided by law, the court may require that the respondent submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring must be performed. The order also may include a requirement that the respondent pay the costs of monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring. B. Any assault that is a violation of an order issued under RCW 10.99.040 and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of a protective order issued under RCW 10.99.040 that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. C. A wilful violation of a court order issued under RCW 10.99.040 is a class C felony if the offender has at least two previous convictions for violating the provision of a no- contact order issued under Chapter 10.99 RCW, a domestic violence protection order issued under Chapters 26.09, 26.10, 26.26 or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact or protection order issued under Washington law.