H-3236.2  _______________________________________________

                          HOUSE BILL 2427

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Backlund, Brough, Padden, Chappell, Fuhrman, Long, Talcott, Sheahan, Brumsickle, Wood, Silver, Dyer, Tate and Mielke

Read first time 01/14/94.  Referred to Committee on Judiciary.

Providing procedures for dealing with juvenile offenders involved in violent offenses.

    AN ACT Relating to juvenile offenders; amending RCW 13.40.110; adding new sections to chapter 13.40 RCW; adding a new section to chapter 9.94A RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 13.40.110 and 1990 c 3 s 303 are each amended to read as follows:

    (1) Except as provided in subsections (2) and (5) of this section, the prosecutor, respondent, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting the court to transfer the respondent for adult criminal prosecution and the matter shall be set for a hearing on the question of declining jurisdiction.  ((Unless waived by the court, the parties, and their counsel,))

(2) A decline hearing shall be held where:

    (a) The respondent ((is fifteen, sixteen, or seventeen)) was fourteen years of age or younger when the offense was committed and the information alleges ((a class A felony or an attempt, solicitation, or conspiracy to commit a class A felony)):

(i) The offender committed a violent offense as defined in RCW 9.94A.030; or

(ii) In a special allegation, that the respondent or an accomplice was armed with a deadly weapon as defined in section 2 of this act when the offense was committed; or

    (b) The respondent is ((seventeen)) fifteen years of age or older and the information alleges ((assault in the second degree, extortion in the first degree,)) indecent liberties((,)) or child molestation in the second degree((, kidnapping in the second degree, or robbery in the second degree)).

    (((2))) (3) The court after a decline hearing under subsection (1) or (2) of this section, may order the case transferred for adult criminal prosecution upon a finding that the declination would be in the best interest of the juvenile or the public.  The court shall consider the relevant reports, facts, opinions, and arguments presented by the parties and their counsel.

    (((3))) (4) When the respondent is transferred for criminal prosecution or retained for prosecution in juvenile court following a hearing under subsection (1) or (2) of this section, the court shall set forth in writing its finding which shall be supported by relevant facts and opinions produced at the hearing.

(5) The court shall on its own motion order a case transferred for adult criminal prosecution whenever the respondent was fifteen years of age or older when the offense was committed, and:

(a) The information alleges the offender committed a violent offense as defined in RCW 9.94A.030; or

(b) The information contains a special allegation that the respondent or an accomplice was armed with a deadly weapon as defined in section 2 of this act when the offense was committed.

NEW SECTION. Sec. 2.  A new section is added to chapter 13.40 RCW to read as follows:

    (1) When sufficient admissible evidence exists to support a finding that the alleged offender or an accomplice was armed with a deadly weapon when the offense was committed, the prosecutor may file a special allegation that the alleged offender or an accomplice was armed with a deadly weapon when the offense was committed.

    (2) If the information contains a deadly weapon special allegation, the court shall make a finding of fact, upon a plea of guilty or an adjudication of guilt on the underlying offense, whether the accused or an accomplice was armed with a deadly weapon when the offense was committed.

    (3) For purposes of this section, "deadly weapon" means a deadly weapon as defined in RCW 9.94A.125 or 9A.04.110.

NEW SECTION. Sec. 3.  A new section is added to chapter 13.40 RCW to read as follows:

    If a respondent is not transferred for adult prosecution under RCW 13.40.110, the following additional times shall be added to the determinate disposition under option A, B, or C in schedule D of RCW 13.40.0357, if the court enters a finding on a special allegation that the offender or an accomplice was armed with a deadly weapon as defined in section 2 of this act:

    (1) Twenty-six weeks if the offender is adjudicated for the commission of an A+, A, or A- offense;

    (2) Sixteen weeks if the offender is adjudicated for the commission of a B+ or B offense; and

    (3) Twelve weeks if the offender is adjudicated for the commission of a C+ or C offense.

NEW SECTION. Sec. 4.  A new section is added to chapter 9.94A RCW to read as follows:

    (1) The conviction of an offender who is:  (a) Transferred by the juvenile court to an adult criminal court pursuant to RCW 13.40.110; and (b) subsequently convicted of a "most serious offense" as defined in RCW 9.94A.030, shall be counted as a conviction for purposes of the definition of a "persistent offender" as defined in RCW 9.94A.030.

    (2) This section is a clarification of the application of chapter 1, Laws of 1994 and is not intended to amend chapter 1, Laws of 1994.

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