AN ACT Relating to curfew for juveniles; adding a new chapter to Title 13 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Direct route" means the shortest path of travel selected to reach the destination within an hour of departure without detours or additional stops at any other destinations along the way.

(2) "Emergency" includes fire, natural disaster, an automobile accident, or obtaining immediate medical care for the minor or a member of the minor's immediate family.

(3) "Legal guardian" means any person to whom legal custody of the minor has been given by court order.

(4) "Minor" means any person under the age of sixteen years.

(5) "Operator" means, but is not limited to, any agent or employee having control of business premises open to the public.

(6) "Public place" means any street, alley, highway, park, or plaza, used or open to members of the public, or any public building, place of business, or amusement or entertainment facility.

NEW SECTION. Sec. 2. No minor under the age of sixteen may enter or remain in any public place between the hours of 12:00 a.m. and 5:00 a.m. unless:

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

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

(3) The minor is in a motor vehicle engaged in interstate travel with consent of his or her parent or legal guardian through the state of Washington;

(4) The minor is traveling by direct route to or from his or her place of employment. For purposes of this subsection, employment does not include any activity or business conducted in violation of the laws of the state of Washington or its political subdivisions;

(5) The minor is on the sidewalk of his or her legal residence or on the sidewalk of either next door neighbor;

(6) The minor is involved in an emergency concerning his or her safety or welfare or that of his or her family.

NEW SECTION. Sec. 3. It is unlawful for any owner or operator of premises open for business to permit any minor on the premises in violation of section 2 of this act.

NEW SECTION. Sec. 4. (1) Every person violating section 2 of this act is guilty of a violation punishable by a fine not to exceed one hundred dollars or by twenty hours of community service.

(2) Every person violating section 3 of this act is guilty of a misdemeanor.

NEW SECTION. Sec. 5. (1) Law enforcement officers may stop and detain a minor to obtain his or her name, age, and the address of his or her parent or legal guardian to determine if the minor is in violation of section 2 of this act.

(2) Upon determining that a violation of section 2 of this act has occurred, a law enforcement officer may deliver or arrange to deliver the minor to the residence of his or her parent or legal guardian or the officer may place the minor in an overnight youth shelter facility approved by the department of social and health services.

(3) A minor who is placed in an overnight youth shelter may be released to his or her parent or legal guardian at any time or shall be released at 8:00 a.m. unless the law enforcement officer determines that the minor meets the conditions set forth in RCW 13.32A.050(1), (3), or (4) or 13.32A.060(1)(b)(i), (ii), or (iii) in which case the minor shall be transported to a designated crisis residential center under chapter 13.32A RCW.

NEW SECTION. Sec. 6. 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.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act shall constitute a new chapter in Title 13 RCW.