BP BHEAD INT H

AN ACT Relating to offenders under age twenty-one; amending RCW 13.40.040; adding a new section to chapter 69.50 RCW; adding a new section to chapter 13.40 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 69.50 RCW to read as follows:

(1) It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed a controlled substance or a legend drug. For purposes of this subsection, exhibiting the effects of having consumed a controlled substance or a legend drug means that a person either has: (a) The odor of marijuana on his or her breath; or (b) is in possession of or close proximity to a container that has or recently had a controlled substance or a legend drug in it; or (c) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of a controlled substance or a legend drug. This subsection does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming a controlled substance or a legend drug under circumstances described in subsection (2) of this section.

(2) This section does not apply to a controlled substance or a legend drug given or permitted to be given to a person under the age of twenty-one years if the controlled substance or legend drug is given for medicinal purposes to the person by a parent, guardian, physician, or dentist.

(3) The general penalty for a violation of this section shall be the same as the general penalty for a violation of RCW 66.44.270(2)(b) as provided in RCW 66.44.180.

NEW SECTION. Sec. 2. The juvenile dispositions standards commission shall recommend to the legislature by November 1, 1994, a disposition scheme for juvenile offenders adjudicated of a violation of section 1 of this act or RCW 66.44.270.

Sec. 3. RCW 13.40.040 and 1979 c 155 s 57 are each amended to read as follows:

(1) A juvenile may be taken into custody:

(a) Pursuant to a court order if a complaint is filed with the court alleging, and the court finds probable cause to believe, that the juvenile has committed an offense or has violated terms of a disposition order or release order; ((or))

(b) Without a court order, by a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances. Admission to, and continued custody in, a court detention facility shall be governed by subsection (2) of this section; ((or))

(d) Where the secretary or the secretary's designee has suspended the parole of a juvenile offender; or

(e) The officer has probable cause to believe that the offender has committed a violation of section 1 of this act or RCW 66.44.270.

(2) A juvenile may not be held in detention unless there is probable cause to believe that:

(a) The juvenile has committed an offense or has violated the terms of a disposition order; and

(i) The juvenile will likely fail to appear for further proceedings; or

(ii) Detention is required to protect the juvenile from himself or herself; or

(iii) The juvenile is a threat to community safety; or

(iv) The juvenile will intimidate witnesses or otherwise unlawfully interfere with the administration of justice; or

(v) The juvenile has committed a crime while another case was pending; or

(b) The juvenile is a fugitive from justice; or

(d) The juvenile is a material witness.

(3) Upon a finding that members of the community have threatened the health of a juvenile taken into custody, at the juvenile's request the court may order continued detention pending further order of the court.

(4) A juvenile detained under this section may be released upon posting bond set by the court. A court authorizing such a release shall issue an order containing a statement of conditions imposed upon the juvenile and shall set the date of his or her next court appearance. The court shall advise the juvenile of any conditions specified in the order and may at any time amend such an order in order to impose additional or different conditions of release upon the juvenile or to return the juvenile to custody for failing to conform to the conditions imposed. Failure to appear on the date scheduled by the court pursuant to this section shall constitute the crime of bail jumping.

NEW SECTION. Sec. 4. A new section is added to chapter 13.40 RCW to read as follows:

(1) A juvenile who is taken into custody under RCW 13.40.040 may be required to perform field sobriety tests or submit to a breathalyzer or other drug or alcohol testing, if a law enforcement officer has probable cause to believe that: (a) The juvenile has consumed alcohol or drugs; and (b) either the juvenile is under the influence of the alcohol or drugs or the alcohol or drugs might still be detected in the juvenile.

(2) Results of the testing may be used as evidence to prove an allegation against a juvenile in an appropriate case and may be considered by the court when determining an appropriate disposition for the juvenile upon adjudication for an offense.