Ordinance 2466-00 - Laserfiche WebLink

elP/:‘;L."Al ORDINANCE NO. 2466-00 .� AN ORDINANCE Relating to Orders for Protection, Amending Section 4 of Ordinance No. 1234-86, as Amended by Section 3 of Ordinance No. 1807-91 and Section 3 of Ordinance No. 2291-98 (EMC 10.22.040). WHEREAS, the 2000 Washington State Legislature amended the laws regarding orders for protection; 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 4 of Ordinance No. 1234-86, as amended by section 3 of Ordinance No. 1807-91 and section 3 of Ordinance No. 2291-98 (EMC 10.22.040), which reads as follows: Violation of order for protection. A. Whenever an order for protection is granted under Chapter 26.50 RCW and the respondent or person to be restrained knows of the order, a violation of the restraint provisions or of a provision excluding the person from a residence, workplace, school, or day care 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 shall 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 Chapter 26.50 RCW 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 26.50 that is reckless and creates a substantial risk of death or serious injury to another person is a class C felony. C. A violation of a court order issued under Chapter 26.50 RCW is also 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, or 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. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated.