Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Judiciary Committee |
HB 1199
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Title: An act relating to allowing youth courts to have jurisdiction over transit infractions.
Brief Description: Allowing youth courts to have jurisdiction over transit infractions.
Sponsors: Representatives Irwin, Jinkins, Goodman, Rodne, Hayes, Muri, Frame, Stokesbary and Stambaugh.
Brief Summary of Bill |
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Hearing Date: 1/18/17
Staff: Cece Clynch (786-7195).
Background:
Youth court programs are designed to provide an alternative within the justice system for first-time offenders. Youth courts operate in three areas: (1) traffic matters heard in district or municipal courts; (2) juvenile offender matters heard in juvenile court; and (3) student conduct violations within schools. Youth court participants, under the supervision of the court or an adult coordinator, may serve in various capacities within the youth court, acting in the role of jurors, lawyers, bailiffs, clerks, and judges.
District and municipal courts may create youth courts to hear and dispose of traffic infractions for juveniles age 16 or 17. The court may refer a juvenile to such a youth court upon the request of any party or upon its own motion; however, a juvenile may not be required to have the traffic infraction referred to, or disposed of, by a youth court.
To be referred to a youth court for traffic infractions, a juvenile:
may not have had a prior traffic infraction referred to a youth court;
may not be under the jurisdiction of any court for a violation of any provision of the state motor vehicle code;
may not have any convictions for a violation of any provision of the state motor vehicle code; and
must acknowledge that there is a high likelihood that he or she would be found to have committed the traffic infraction.
"Traffic infraction" is defined to include parking, standing, stopping, and pedestrian offenses as found in the state motor vehicle code, as well as equivalent administrative regulations or local laws, ordinances, regulations, or resolutions relating to traffic.
A youth court agreement is a contract between a juvenile accused of a traffic infraction and a court in which the juvenile agrees to fulfill certain conditions in lieu of a determination that a traffic infraction occurred. Conditions imposed pursuant to a youth court agreement are limited to one or more of the following:
community service, not exceeding 150 hours and not during school hours;
attendance at driving school;
a monetary penalty not exceeding $100, however, if it cannot reasonably be paid due to a lack of financial resources, the court may convert the penalty into community service;
requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas;
participating in law-related education classes;
participating in mentoring programs;
service as a participant in future youth court proceedings;
writing apology letters; or
writing essays.
The Administrative Office of the Courts (AOC) is directed to encourage courts to work with cities, counties, and schools to implement, expand, or use youth court programs for juveniles who commit traffic infractions. Program operations of youth court programs may be funded by government and private grants. These youth court programs must emphasize the following principles:
Youth must be held accountable.
Youth must be educated about the impact their actions have on themselves, others, and their community.
Youth must develop skills to resolve problems with peers more effectively.
Youth should be provided a meaningful forum to practice and enhance newly developed skills.
Summary of Bill:
Youth courts with jurisdiction over traffic infractions also have jurisdiction over transit infractions.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.