BP BHEAD INT H

AN ACT Relating to juveniles; amending RCW 13.32A.050, 13.04.030, and 35.20.030; adding a new section to chapter 13.04 RCW; adding a new section to chapter 28A.225 RCW; adding a new chapter to Title 13 RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1. (1) The legislature recognizes the growing concern in some communities over the nighttime incidences of violence and other criminal activity committed in public places by and against youth. The legislature finds that where a community is experiencing this criminal activity, it may be an appropriate exercise of the community's police powers to restrict temporarily the hours during which youth may be in public places without adult supervision or authorization. It is the intent of the legislature to provide local communities with a model curfew ordinance.

(2) A county, city, or town may adopt the model curfew ordinance created by section 2 of this act. Before adopting the ordinance, the governing authority of the jurisdiction may establish the need for the ordinance in all or part of the geographic area of the jurisdiction by making the following findings:

(a) The incidence of criminal activity by or against minors has increased within the area in question;

(b) The level of criminal activity represents a substantial threat to the safety of minors in particular or the public in general within the area in question; and

(c) A curfew is a necessary element of an effective plan to reduce the incidence of criminal activity by or against minors within the area in question.

(3) A governing authority that adopts a model curfew ordinance under RCW 13.32A.050, 13.04.030, and sections 1, 2, and 5 through 7 of this act may make the ordinance effective for a period up to one hundred eighty days. Upon expiration of the initial period, the governing authority may extend the curfew for additional periods up to one hundred eighty days if, not more than thirty days before the expiration of the initial period, the governing authority finds that:

(a) The imposition of the curfew has reduced the incidence of criminal activity committed by or against minors; and

(b) Extension of the curfew is a necessary element in an effective plan to reduce further the incidence of the criminal activity or to prevent the incidence of the criminal activity from returning to previous levels.

(4) Nothing in chapter . . ., Laws of 1994 (this act) limits or alters the existing authority of counties, cities, or towns to enact curfew ordinances.

NEW SECTION. Sec. 2. With respect to a geographic area identified under section 1 of this act, a local governing authority may adopt an ordinance to read as follows:

(1) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section:

(a) "Emergency situation" means, but is not limited to, a fire, natural disaster, automobile accident, or the need to obtain immediate medical care for the minor or a member of the minor's immediate family.

(b) "Minor" means a person under the age of eighteen.

(c) "Public place" means any sidewalk, street, alley, highway, park, or other public place and includes, but is not limited to, a vehicle that is in a public place.

(2) It is unlawful for a minor to be in a public place between the hours of twelve midnight and five a.m. unless:

(a) The minor is accompanied by a parent, legal guardian, or a person twenty-one years of age or older who is authorized by the minor's parent or legal guardian to accompany the minor;

(b) The minor is traveling by direct route to or from a religious activity, political activity, or an event sponsored by a school;

(d) The minor is involved in an emergency situation.

(3) A law enforcement officer may stop and detain a person that the officer reasonably believes is a minor in violation of this section in order to obtain the person's name and age and the address of the person's parent or legal guardian.

(4) A violation of subsection (2) of this section is a class 4 civil infraction under chapter 7.80 RCW.

Sec. 3. RCW 13.32A.050 and 1990 c 276 s 5 are each amended to read as follows:

A law enforcement officer shall take a child into custody:

(1) If a law enforcement agency has been contacted by the parent of the child that the child is absent from parental custody without consent; or

(2) If a law enforcement officer reasonably believes, considering the child's age, the location, and the time of day, that a child is in circumstances which constitute a danger to the child's safety or that a child is violating a local curfew ordinance; or

(3) If an agency legally charged with the supervision of a child has notified a law enforcement agency that the child has run away from placement; or

(4) If a law enforcement agency has been notified by the juvenile court that the court finds probable cause exists to believe that the child has violated a court placement order issued pursuant to chapter 13.32A RCW or that the court has issued an order for law enforcement pick-up of the child under this chapter.

Law enforcement custody shall not extend beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination.

An officer who takes a child into custody under this section and places the child in a designated crisis residential center shall inform the department of such placement within twenty-four hours.

(5) Nothing in this section affects the authority of any political subdivision to make regulations concerning the conduct of minors in public places by ordinance or other local law.

Sec. 4. RCW 13.04.030 and 1988 c 14 s 1 are each amended to read as follows:

The juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:

(1) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;

(2) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170((~~, as now or hereafter amended~~));

(3) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210((~~, as now or hereafter amended~~));

(4) To approve or disapprove alternative residential placement as provided in RCW 13.32A.170;

(5) Relating to juveniles alleged or found to have committed offenses, traffic infractions, or violations as provided in RCW 13.40.020 through 13.40.230, ((~~as now or hereafter amended,~~)) unless:

(a) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110((~~, as now or hereafter amended~~)); or

(b) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or

(c) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction: PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or subsection (5)(a) of this section: PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060; or

(d) The alleged offense is a traffic infraction, a violation of compulsory school attendance provisions under chapter 28A.225 RCW, or a misdemeanor, and a court of limited jurisdiction has assumed jurisdiction over those offenses as provided in section 5 of this act;

(6) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;

(7) Relating to termination of a diversion agreement under RCW 13.40.080 ((~~as now or hereafter amended~~)), including a proceeding in which the divertee has attained eighteen years of age; and

(8) Relating to court validation of a voluntary consent to foster care placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction.

NEW SECTION. Sec. 5. A new section is added to chapter 13.04 RCW to read as follows:

(1) Courts of limited jurisdiction, at the local option of the county, city, or town of the court of limited jurisdiction, may exercise concurrent original jurisdiction with the juvenile court over traffic infractions, violations of compulsory school attendance provisions under chapter 28A.225 RCW, and misdemeanors when those offenses are allegedly committed by juveniles and:

(a)(i) The offense, which if committed by an adult, is punishable by sanctions which do not include incarceration; or

(ii) The prosecuting attorney's disposition recommendation does not include confinement as defined in RCW 13.40.020 as part of the disposition for the offense;

(b) The court of limited jurisdiction has a computer system that is linked to the state-wide criminal history information data system used by juvenile courts to track and record juvenile offenders' criminal history;

(c) The county legislative authority of the county in which the court of limited jurisdiction is located has authorized creation of concurrent jurisdiction between the court of limited jurisdiction and the county juvenile court;

(d) The county legislative authority of the county in which the court of limited jurisdiction is located has authorized the creation of a community advisory board consisting of parents, educators, law enforcement officers, and students to monitor the impacts of this concurrent jurisdiction and periodically report to the county legislative authority; and

(e) The court of limited jurisdiction has an agreement with officials responsible for administering the county juvenile detention facility under RCW 13.04.035 and 13.20.060 that the court may order juveniles into the detention facility for an offense.

(2) The juvenile court shall retain jurisdiction over the offense if the juvenile is charged with another offense arising out of the same incident and the juvenile court has jurisdiction over the other offense.

(3) Jurisdiction under this section does not constitute a decline or transfer of juvenile court jurisdiction under RCW 13.40.110.

(4) The provisions of chapter 13.40 RCW shall apply to offenses prosecuted under this section.

NEW SECTION. Sec. 6. A new section is added to chapter 28A.225 RCW to read as follows:

References to juvenile court in this chapter mean, in addition to the juvenile court of the superior court, courts of limited jurisdiction that have acquired jurisdiction under RCW 13.04.030(5)(d) and section 5 of this act over juveniles who violate the provisions of this chapter. If a court of limited jurisdiction has jurisdiction over juveniles who violate this chapter, that court also has jurisdiction over parents charged with violations of this chapter.

Sec. 7. RCW 35.20.030 and 1993 c 83 s 3 are each amended to read as follows:

The municipal court shall have jurisdiction to try violations of all city ordinances and all other actions brought to enforce or recover license penalties or forfeitures declared or given by any such ordinances. It is empowered to forfeit cash bail or bail bonds and issue execution thereon, to hear and determine all causes, civil or criminal, arising under such ordinances, and to pronounce judgment in accordance therewith((~~: PROVIDED, That~~)). However, for a violation of the criminal provisions of an ordinance no greater punishment shall be imposed than a fine of five thousand dollars or imprisonment in the city jail not to exceed one year, or both such fine and imprisonment, but the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime. The municipal court shall also have jurisdiction over juvenile offenses prosecuted under chapter 13.40 RCW if the court has acquired jurisdiction under RCW 13.04.030(5)(d) and section 5 of this act. All civil and criminal proceedings in municipal court, and judgments rendered therein, shall be subject to review in the superior court by writ of review or on appeal((~~: PROVIDED, That~~)). However, an appeal from the court's determination or order in a traffic infraction proceeding may be taken only in accordance with RCW 46.63.090(5). Costs in civil and criminal cases may be taxed as provided in district courts.

NEW SECTION. Sec. 8. Sections 1 and 2 of this act shall constitute a new chapter in Title 13 RCW.

NEW SECTION. Sec. 9. This act shall take effect July 1, 1994.

NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.