wa-law.org > bill > 2025-26 > HB 2663 > Original Bill
The legislature finds that domestic violence is a serious and pervasive issue facing many Washington families and communities, and many of the most severe crimes that occur in this state are those involving intimate partner and family violence. Domestic violence offenses carry wide-ranging effects, including injury to mental and physical health, erosion of economic and housing stability, and vicarious victimization of children, who are often bystander witnesses. Washington state data demonstrates a high rate of reoffense among perpetrators of domestic violence, and there is currently no way of knowing whether any particular person has an offense history in absence of a criminal background check or court records request.
The establishment of a searchable public registry of persons who have been convicted of repeated or felony-level domestic violence offenses is an important step toward preventing future victimization and reducing overall rates of domestic violence. The legislature does not intend for the registry to be punitive or an extension of punishment. Instead, it serves as a reasonable regulatory scheme designed to facilitate public access to identification and relevant criminal history information for a subset of people who have been convicted of repeated or felony-level offenses. Members of the public have a compelling interest in identifying persons convicted of repeated or felony-level domestic violence offenses so that they may make informed decisions in furtherance of personal security.
The definitions in this section apply throughout this section and sections 3 and 5 through 9 of this act unless the context clearly requires otherwise.
"Conviction" means any adult conviction, juvenile adjudication, or finding of not guilty by reason of insanity.
"Domestic violence offense" means any conviction for a crime in which domestic violence as defined in RCW 9.94A.030 was pleaded and proven.
"Qualifying domestic violence offense" means a conviction for any domestic violence offense that either:
Is a felony; or
Is not a felony and the convicted person has one or more prior or simultaneously entered convictions for a domestic violence offense or any federal or out-of-state conviction for an offense that under the laws of this state would be classified as a domestic violence offense if the offense occurred in Washington.
On or after the effective date of this section, when a person is convicted of a qualifying domestic violence offense, the court must enter an order requiring that the person appear on the domestic violence offense registry established under section 4 of this act.
A court entering an order under subsection (1) of this section shall provide notice to the person that he or she will appear on the domestic violence offense registry for the applicable time period established in section 5 of this act. The notice must be included on any guilty plea forms and judgment and sentence forms provided to the person.
The clerk of the court in which the person was convicted of the qualifying domestic violence offense must forward, electronically or otherwise, to the Washington state patrol, a copy of the judgment and sentence and, to the extent known, the information described in section 4(2) of this act.
The Washington state patrol must maintain a central registry of persons convicted of qualifying domestic violence offenses. The central registry must be made available to the public through a searchable web site.
To the extent information is available, the web site must include, but is not limited to, the following information pertaining to each person convicted of a qualifying domestic violence offense:
Name;
Date of birth;
All domestic violence offense convictions, including conviction dates and county and state of conviction;
Address by hundred block;
Photograph; and
Any other identifying data the Washington state patrol deems necessary for the public to properly identify the person, but shall not include the person's social security number.
The Washington state patrol may use any verified photo of the person convicted of a qualifying domestic violence offense that is available, including but not limited to the photograph taken at the person's booking.
A person convicted of a qualifying domestic violence offense shall continue to appear on the domestic violence offense registry for the longest qualifying duration provided in this section.
A person convicted of a qualifying domestic violence offense shall appear on the registry indefinitely if:
The person's present qualifying domestic violence offense conviction is for a class A felony; or
The person was previously convicted of a domestic violence offense that is a class A felony or has one or more prior federal or out-of-state convictions for an offense that would be a class A felony domestic violence offense if committed in Washington.
Unless subsection (1) of this section applies, a person convicted of a qualifying domestic violence offense shall appear on the registry for a period of 15 consecutive years in the community without being convicted of any felony or any domestic violence offense if:
The person's present qualifying domestic violence offense conviction is for a class B felony; or
The person was previously convicted of a domestic violence offense that is a class B felony or has one or more prior federal or out-of-state convictions for an offense that would be a class B felony domestic violence offense if committed in Washington.
Unless subsection (1) or (2) of this section applies, a person convicted of a qualifying domestic violence offense shall appear on the registry for a period of 10 consecutive years in the community without being convicted of any felony or any domestic violence offense.
The time periods in subsections (2) and (3) of this section run from the last date of release from confinement following the conviction for the qualifying offense, if any, or the date of entry of the judgment and sentence for the qualifying offense, whichever is later.
Nothing in this section prevents a person from being removed from the registry under the process provided in section 7 of this act.
Nothing in RCW 9.94A.637 relating to discharge of a person shall be construed as operating to relieve the person of his or her inclusion on the domestic violence offense registry pursuant to this chapter.
Upon the request of a person who appears on the domestic violence offense registry, the Washington state patrol shall investigate whether the person's registration period has ended by operation of law pursuant to section 5 of this act.
Using available records, the Washington state patrol shall verify that the person has spent the requisite time in the community and has not been convicted of any felony or any domestic violence offenses during that time.
If the Washington state patrol determines the person's registration period has ended by operation of law, the Washington state patrol shall remove the person from the central registry.
Nothing in this section prevents the Washington state patrol from investigating, upon its own initiative, whether a person's registration period has ended by operation of law pursuant to section 5 of this act.
The Washington state patrol and its employees are immune from civil liability for damages for removing a person from the central registry of persons convicted of qualifying domestic violence offenses or the failure to remove a person from the registry according to the time frames provided in section 5 of this act.
Except as provided in subsection (2) of this section, a person on the domestic violence offense registry may petition the superior court for removal from the registry when he or she has spent 10 consecutive years in the community without being convicted of any felony or any domestic violence offense during that time period.
A person whose appearance on the domestic violence offense registry is based exclusively on one or more domestic violence offenses committed as a juvenile may petition for removal from the registry under the following timelines:
If the offense or offenses requiring registration include any class A felony domestic violence offense, the person may petition when: (i) At least five years have passed since the petitioner's adjudication and completion of any term of confinement for the offense or offenses giving rise to inclusion on the registry; and (ii) the petitioner has not been adjudicated or convicted of any felony or any domestic violence offense within the five years before the petition.
For all other domestic violence offenses committed by a juvenile not included in (a) of this subsection, the person may petition when: (i) At least 24 months have passed since the petitioner's adjudication and completion of any term of confinement for the offense giving rise to inclusion on the registry; and (ii) the petitioner has not been adjudicated or convicted of any felony or any domestic violence offense within the 24 months before the petition.
A petition for relief from registration must be made to the court in which the petitioner was ordered to be included on the domestic violence offense registry. The prosecuting attorney of the county must be named and served as the respondent in any petition. The prosecuting attorney must make reasonable efforts to notify the victim via the victim's choice of telephone, letter, or email, if known.
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The court may order the petitioner's removal from the registry only if the petitioner shows by clear and convincing evidence that the petitioner is sufficiently rehabilitated to warrant removal from the registry. If the petitioner's inclusion on the registry is based entirely on offenses committed while the petitioner was a juvenile, the petitioner's burden of proof shall be a preponderance of the evidence that the petitioner is sufficiently rehabilitated to warrant removal from the registry.
In determining whether the petitioner is sufficiently rehabilitated to warrant removal from the registry, the following factors are provided as guidance to assist the court in making its determination:
The nature of the domestic violence offenses committed, including the number of victims and the length of the offense history;
Any subsequent criminal history;
The petitioner's compliance with any applicable supervision requirements;
The length of time since the charged incident(s) occurred;
Any input from community corrections officers, law enforcement, treatment providers, or other criminal justice professionals;
The petitioner's stability in employment and housing;
The petitioner's community and personal support system;
Any risk assessments or evaluations prepared by a qualified professional; and
ix. Any other factors the court may consider relevant.
If a person's entry on the domestic violence offense registry lists an offense for which the conviction is subsequently overturned or otherwise set aside by court order on grounds consistent with innocence, the person may petition the court for removal of the offense from the registry. If the court finds that the offense conviction has been overturned or otherwise set aside by court order on grounds consistent with innocence, the court may order that the offense be removed from the registry.
If a person is granted an order of removal from the registry or removal of an offense from the registry pursuant to this section, the order of removal does not constitute a certificate of rehabilitation, or the equivalent of a certificate of rehabilitation, for the purposes of restoration of firearm possession under RCW 9.41.040.
If the court orders removal from the registry or removal of an offense from the registry, the court must send a copy of the order to the Washington state patrol. The Washington state patrol must remove the person from the registry within 30 calendar days.
The Washington state patrol must notify persons registered on the domestic violence offense registry of any changes to the registration requirements.
A person on the domestic violence offense registry who applies to change his or her name under RCW 4.24.130 or any other law shall submit a copy of the application to the Washington state patrol not fewer than five days before the entry of an order granting the name change. A person on the registry may not be granted an order changing his or her name under RCW 4.24.130 or any other law if the court finds that doing so will interfere with legitimate law enforcement interests, except that no order may be denied when the name change is requested in recognition of marriage or dissolution of marriage. A court granting an order changing the name of a person on the registry must submit a copy of the order to the Washington state patrol within 72 hours of the entry of the order.
Any person desiring a change of the person's name or that of the person's child or of an individual subject to guardianship for whom the person has been appointed as guardian, may apply therefor to the district court of any judicial district in the state, by petition setting forth the desire for such change; thereupon such court in its discretion may order a change of the name and thenceforth the new name shall be in place of the former.
An offender under the jurisdiction of the department of corrections who applies to change the offender's name under subsection (1) of this section shall submit a copy of the application to the department of corrections not fewer than five days before the entry of an order granting the name change. No offender under the jurisdiction of the department of corrections at the time of application shall be granted an order changing the offender's name if the court finds that doing so will interfere with legitimate penological interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. An offender under the jurisdiction of the department of corrections who receives an order changing the offender's name shall submit a copy of the order to the department of corrections within five days of the entry of the order. Violation of this subsection is a misdemeanor.
A sex offender subject to registration under RCW 9A.44.130 who applies to change the sex offender's name under subsection (1) of this section shall follow the procedures set forth in RCW 9A.44.130(7).
A person subject to registration under section 3 of this act who applies to change his or her name under subsection (1) of this section shall follow the procedures set forth in section 9 of this act.
The district court shall collect the fees authorized by RCW 36.18.010 for filing and recording a name change order, and transmit the fee and the order to the county auditor. The court may collect a reasonable fee to cover the cost of transmitting the order to the county auditor. Upon affidavit by the person seeking the name change or a qualified legal service provider that the person is unable to pay the fees due to financial hardship, the court shall waive all fees for filing and recording a name change order and direct the county auditor or recording officer to process the name change order at no expense to the person. The court may not waive the fees if the person has received victim compensation for name change fees. For purposes of this subsection, "qualified legal service provider" means a not-for-profit legal services organization in Washington state whose primary purpose is to provide legal services to low-income clients.
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Name change petitions may be filed and shall be heard in any superior court in the state:
(A) Is an emancipated minor under chapter 13.64 RCW; or
(B) Has received asylum, refugee, or special immigrant juvenile status; or
ii. If the reason for the person's name change, or the name change of the person's child or of an individual subject to guardianship for whom the person has been appointed as guardian, is:
(A) Related to gender expression or identity as defined in RCW 49.60.040; or
(B) Due to an experience of or reasonable fear of domestic violence, stalking, unlawful harassment, or coercive control as those terms are defined in RCW 7.105.010.
b. When a person for whom a name change is sought is a child named in a proceeding under Title 13 or 74 RCW in which the court has exercised original, exclusive jurisdiction, the juvenile court has jurisdiction to either adjudicate a name change petition or grant concurrent jurisdiction to another court to hear the petition.
c. Upon granting the name change, the superior court shall seal the file to protect the person's privacy or that of the person's child or of an individual subject to guardianship for whom the person has been appointed as guardian. In all cases filed under this subsection (6), whether or not the name change petition is granted, there shall be no public access to any court record of the name change filing, proceeding, or order, unless the name change is granted but the file is not sealed. The name change file shall not thereafter be open to inspection except: (i) Upon order of the court for good cause shown; or (ii) upon the request of the person whose name change was granted or the person's guardian or representative.
d. This subsection (6) does not apply to a person who is subject to the requirements of subsection (2) or (3) of this section.
The Washington state patrol may adopt rules necessary to implement this act.