S-1497               _______________________________________________

                                                   SENATE BILL NO. 5661

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senator Gaspard

Read first time 2/6/87 and referred to Committee on Judiciary.

AN ACT Relating to juvenile offenders; amending RCW 13.40.110; and adding a new section to chapter 13.40 RCW.

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

        Sec. 1.  Section 65, chapter 291, Laws of 1977 ex. sess. as amended by section 63, chapter 155, Laws of 1979 and RCW 13.40.110 are each amended to read as follows:

          (1) 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, a decline hearing shall be held where:

          (a) The respondent is twelve years of age or older and the information alleges murder in the first or second degree;

(b) The respondent is sixteen or seventeen years of age and the information alleges a class A felony or an attempt to commit a class A felony; or

          (((b))) (c) The respondent is seventeen years of age and the information alleges assault in the second degree, extortion in the first degree, indecent liberties, kidnaping in the second degree, rape in the second degree, or robbery in the second degree.

          (2) The court after a decline hearing 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) When the respondent is transferred for criminal prosecution or retained for prosecution in juvenile court, the court shall set forth in writing its finding which shall be supported by relevant facts and opinions produced at the hearing.

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

          At the time a juvenile offender reaches eighteen years of age and is in confinement for an offense that is a class A felony, the court shall determine, in the court's discretion, whether the juvenile offender should be transferred to adult court for additional proceedings to determine if further disposition of the offender, including confinement, is necessary.