10.99.045 - Appearances by defendant -- Defendant's history -- No-contact order.

Appearances by defendant — Defendant's history — No-contact order.

(1) A defendant arrested for an offense involving domestic violence as defined by RCW 10.99.020 shall be required to appear in person before a magistrate within one judicial day after the arrest.

     (2) A defendant who is charged by citation, complaint, or information with an offense involving domestic violence as defined by RCW 10.99.020 and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.

     (3)(a) At the time of the appearances provided in subsection (1) or (2) of this section, the court shall determine the necessity of imposing a no-contact order or other conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment. The court may include in the order any conditions authorized under RCW 9.41.800 and 10.99.040.

     (b) For the purposes of (a) of this subsection, the prosecutor shall provide for the court's review:

     (i) The defendant's criminal history, if any, that occurred in Washington or any other state;

     (ii) If available, the defendant's criminal history that occurred in any tribal jurisdiction; and

     (iii) The defendant's individual order history.

     (c) For the purposes of (b) of this subsection, criminal history includes all previous convictions and orders of deferred prosecution, as reported through the judicial information system or otherwise available to the court or prosecutor, current to within the period specified in (d) of this subsection before the date of the appearance.

     (d) The periods applicable to previous convictions and orders of deferred prosecution are:

     (i) One working day, in the case of previous actions of courts that fully participate in the state judicial information system; and

     (ii) Seven calendar days, in the case of previous actions of courts that do not fully participate in the judicial information system. For the purposes of this subsection, "fully participate" means regularly providing records to and receiving records from the system by electronic means on a daily basis.

     (4) Appearances required pursuant to this section are mandatory and cannot be waived.

     (5) The no-contact order shall be issued and entered with the appropriate law enforcement agency pursuant to the procedures outlined in RCW 10.99.040 (2) and (6).

[2010 c 274 § 301; 2000 c 119 § 19; 1998 c 55 § 2; 1994 sp.s. c 7 § 450; 1984 c 263 § 23; 1983 c 232 § 8; 1981 c 145 § 7.]

Notes: Intent -- 2010 c 274: See note following RCW 10.31.100.

Application -- 2000 c 119: See note following RCW 26.50.021.

Finding -- Intent -- Severability -- 1994 sp.s. c 7: See notes following RCW 43.70.540.

Effective date -- 1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.

Effective date -- Severability -- 1984 c 263: See RCW 26.50.901 and 26.50.902.

Severability -- 1983 c 232: See note following RCW 9.41.010.