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FORTY-THIRD DAY

__________


MORNING SESSION


__________


House Chamber, Olympia, Monday, February 21, 1994


             The House was called to order at 8:00 a.m. by the Speaker (Representative Kremen presiding). The Clerk called the roll and a quorum was present.


             The Speaker assumed the chair.


             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Heather Lightfoot and Alex Miller. Prayer was offered by Representative L. Thomas.


             Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.


MESSAGE FROM THE SENATE

February 18, 1994


Mr. Speaker:


             The Senate has passed:


ENGROSSED SUBSTITUTE SENATE BILL NO. 6084,

SUBSTITUTE SENATE BILL NO. 6243,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6244,


and the same are herewith transmitted.


Brad Hendrickson, Deputy Secretary


             There being no objection, the House advanced to the fourth order of business.


INTRODUCTIONS AND FIRST READING

 

ESSB 6084       by Senate Committee on Transportation (originally sponsored by Senator Vognild; by request of Office of Financial Management)

 

Making transportation appropriations.

 

Referred to Committee on Transportation.

 

SSB 6243          by Senate Committee on Ways & Means (originally sponsored by Senators Rinehart and Quigley; by request of Office of Financial Management)

 

Relating to the capital budget.

 

Referred to Committee on Capital Budget.

 

ESSB 6244       by Senate Committee on Ways & Means (originally sponsored by Senators Rinehart and Quigley; by request of Office of Financial Management)

 

Making appropriations.

 

Referred to Committee on Appropriations.


             On motion of Representative Peery, the bills listed on today's introduction sheet under the fourth order of business were referred to the committees so designated.


             There being no objection, the House advanced to the fifth order of business.


REPORTS OF STANDING COMMITTEES


February 18, 1994

SSB 5057          Prime Sponsor, Committee on Law & Justice: Correcting a double amendment related to exceptions to the right of privacy. Reported by Committee on Judiciary


             MAJORITY recommendation: Do pass. Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Eide; J. Kohl; Long; Morris; H. Myers; Scott and Tate.


             Excused: Representatives Forner, Riley, Schmidt and Wineberry.


             Passed to Committee on Rules for second reading.


February 17, 1994

2SSB 5698        Prime Sponsor, Committee on Trade, Technology & Economic Development: Assisting companies to adopt ISO-9000 quality standards. Reported by Committee on Trade, Economic Development & Housing


             MAJORITY recommendation: Do pass. Signed by Representatives Wineberry, Chair; Shin, Vice Chair; Schoesler, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Backlund; Campbell; Casada; Conway; Quall; Sheldon; Springer and Valle.


             Excused: Representatives Morris and Wood.


             Referred to Committee on Appropriations.


February 18, 1994

SB 6005            Prime Sponsor, A. Smith: Updating references to the Internal Revenue Code in state trust law. Reported by Committee on Judiciary


             MAJORITY recommendation: Do pass. Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Eide; J. Kohl; Long; Morris; H. Myers; Scott and Tate.


             Excused: Representatives Forner, Riley, Schmidt and Wineberry.


             Passed to Committee on Rules for second reading.


February 18, 1994

ESB 6037         Prime Sponsor, Owen: Increasing the reward for information regarding certain violations. Reported by Committee on Natural Resources & Parks


             MAJORITY recommendation: Do pass with the following amendment:


             On page 1, line 8, after "or rule" strike all material through "or rule" on line 9 and insert "((adopted pursuant to any statute))"


             Signed by Representatives Pruitt, Chair; Stevens, Ranking Minority Member; McMorris, Assistant Ranking Minority Member; Dunshee; Linville; Schoesler; Sheldon; B. Thomas; Valle and Wolfe.


             Excused: Representative R. Johnson; Vice Chair.


             Passed to Committee on Rules for second reading.


February 18, 1994

SB 6040            Prime Sponsor, Owen: Changing provisions relating to criminal jurisdiction on Skokomish tribal lands. Reported by Committee on Judiciary


             MAJORITY recommendation: Do pass. Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Eide; J. Kohl; Long; Morris; H. Myers; Scott and Tate.


             Excused: Representatives Forner, Riley, Schmidt and Wineberry.


             Passed to Committee on Rules for second reading.


February 18, 1994

ESB 6044         Prime Sponsor, Bauer: Changing residency status of Native Americans for purposes of higher education tuition. Reported by Committee on Higher Education


             MAJORITY recommendation: Do pass with the following amendment:


             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. A new section is added to chapter 28B.15 RCW to read as follows:

             For the purposes of determining resident tuition rates, resident students shall include American Indian students who meet two conditions. First, the students must have been domiciled for a minimum of one year in the state of Oregon, Idaho, or Montana at the time that they enroll at an institution of higher education as defined in RCW 28B.10.016. Second, the students must be members of one of the following American Indian tribes whose traditional and customary tribal boundaries included portions of the state of Washington, or whose tribe was granted reserved lands within the state of Washington:

             (1) Colville Confederated Tribes;

             (2) Confederated Tribes of the Chehalis Reservation;

             (3) Hoh Indian Tribe;

             (4) Jamestown S'Klallam Tribe;

             (5) Kalispel Tribe of Indians;

             (6) Lower Elwha Klallam Tribe;

             (7) Lummi Nation;

             (8) Makah Indian Tribe;

             (9) Muckleshoot Indian Tribe;

             (10) Nisqually Indian Tribe;

             (11) Nooksack Indian Tribe;

             (12) Port Gamble S'Klallam Community;

             (13) Puyallup Tribe of Indians;

             (14) Quileute Tribe;

             (15) Quinault Indian Nation;

             (16) Confederated Tribes of Salish Kootenai;

             (17) Sauk Suiattle Indian Nation;

             (18) Shoalwater Bay Indian Tribe;

             (19) Skokomish Indian Tribe;

             (20) Snoqualmie Tribe;

             (21) Spokane Tribe of Indians;

             (22) Squaxin Island Tribe;

             (23) Stillaguamish Tribe;

             (24) Suquamish Tribe of the Port Madison Reservation;

             (25) Swinomish Indian Community;

             (26) Tulalip Tribes;

             (27) Upper Skagit Indian Tribe;

             (28) Yakama Indian Nation;

             (29) Coeur d'Alene Tribe;

             (30) Confederated Tribes of the Umatilla Indian Reservation;

             (31) Confederated Tribes of Warm Springs;

             (32) Kootenai Tribe; and

             (33) Nez Perce Tribe.

             Any student enrolled at a state institution of higher education as defined in RCW 28B.10.016 who is paying resident tuition under this section, and who has not established domicile in the state of Washington at least one year before enrollment, shall not be included in any calculation of state-funded enrollment for budgeting purposes, and no state general fund moneys shall be appropriated to a state institution of higher education for the support of such student.


             Sec. 2. RCW 28B.15.012 and 1993 sp.s. c 18 s 4 are each amended to read as follows:

             Whenever used in chapter 28B.15 RCW:

             (1) The term "institution" shall mean a public university, college, or community college within the state of Washington.

             (2) The term "resident student" shall mean: (a) A financially independent student who has had a domicile in the state of Washington for the period of one year immediately prior to the time of commencement of the first day of the semester or quarter for which the student has registered at any institution and has in fact established a bona fide domicile in this state primarily for purposes other than educational; (b) a dependent student, if one or both of the student's parents or legal guardians have maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the semester or quarter for which the student has registered at any institution; (c) a student classified as a resident based upon domicile by an institution on or before May 31, 1982, who was enrolled at a state institution during any term of the 1982-1983 academic year, so long as such student's enrollment (excepting summer sessions) at an institution in this state is continuous; (d) any student who has spent at least seventy-five percent of both his or her junior and senior years in high schools in this state, whose parents or legal guardians have been domiciled in the state for a period of at least one year within the five-year period before the student graduates from high school, and who enrolls in a public institution of higher education within six months of leaving high school, for as long as the student remains continuously enrolled for three quarters or two semesters in any calendar year; ((or)) (e) a student who is the spouse or a dependent of a person who is on active military duty stationed in the state; or (f) a student who meets the requirements of section 1 of this act: PROVIDED, That a nonresident student enrolled for more than six hours per semester or quarter shall be considered as attending for primarily educational purposes, and for tuition and fee paying purposes only such period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state unless such student proves that the student has in fact established a bona fide domicile in this state primarily for purposes other than educational.

             (3) The term "nonresident student" shall mean any student who does not qualify as a "resident student" under the provisions of RCW 28B.15.012 and 28B.15.013. A nonresident student shall include:

             (a) A student attending an institution with the aid of financial assistance provided by another state or governmental unit or agency thereof, such nonresidency continuing for one year after the completion of such semester or quarter.

             (b) A person who is not a citizen of the United States of America who does not have permanent or temporary resident status or does not hold "Refugee-Parolee" or "Conditional Entrant" status with the United States immigration and naturalization service or is not otherwise permanently residing in the United States under color of law and who does not also meet and comply with all the applicable requirements in RCW 28B.15.012 and 28B.15.013.

             (4) The term "domicile" shall denote a person's true, fixed and permanent home and place of habitation. It is the place where the student intends to remain, and to which the student expects to return when the student leaves without intending to establish a new domicile elsewhere. The burden of proof that a student, parent or guardian has established a domicile in the state of Washington primarily for purposes other than educational lies with the student.

             (5) The term "dependent" shall mean a person who is not financially independent. Factors to be considered in determining whether a person is financially independent shall be set forth in rules and regulations adopted by the higher education coordinating board and shall include, but not be limited to, the state and federal income tax returns of the person and/or the student's parents or legal guardian filed for the calendar year prior to the year in which application is made and such other evidence as the board may require."


             Signed by Representatives Jacobsen, Chair; Quall, Vice Chair; Brumsickle, Ranking Minority Member; Sheahan, Assistant Ranking Minority Member; Basich; Bray; Carlson; Casada; Finkbeiner; Flemming; Mastin; Ogden; Rayburn; Shin and Wood.


             Excused: Representatives Kessler, Mielke and Orr.


             Passed to Committee on Appropriations for second reading.


February 17, 1994

SSB 6083          Prime Sponsor, Senator Moore: Changing the mortgage brokers practices act. Reported by Committee on Financial Institutions & Insurance


             MAJORITY recommendation: Do pass. Signed by Representatives Zellinsky, Chair; Scott, Vice Chair; Mielke, Ranking Minority Member; Anderson; Dellwo; R. Johnson; Kessler; Kremen; R. Meyers; Schmidt; Tate and L. Thomas.


             Excused: Representatives Dyer; Assistant Ranking Minority Member, Dorn, Grant and Lemmon.


             Passed to Committee on Rules for second reading.


February 17, 1994

SB 6095            Prime Sponsor, Skratek: Revising provisions relating to international trade through Washington ports. Reported by Committee on Trade, Economic Development & Housing


             MAJORITY recommendation: Do pass. Signed by Representatives Wineberry, Chair; Shin, Vice Chair; Schoesler, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Backlund; Campbell; Casada; Conway; Quall; Sheldon; Springer and Valle.


             Excused: Representatives Morris and Wood.


             Passed to Committee on Rules for second reading.


February 18, 1994

SB 6229            Prime Sponsor, Spanel: Changing residency provisions in the Washington state scholars program. Reported by Committee on Higher Education


             MAJORITY recommendation: Do pass. Signed by Representatives Jacobsen, Chair; Quall, Vice Chair; Brumsickle, Ranking Minority Member; Sheahan, Assistant Ranking Minority Member; Basich; Bray; Carlson; Casada; Finkbeiner; Flemming; Mastin; Ogden; Rayburn; Shin and Wood.


             Excused: Representatives Kessler, Mielke and Orr.


             Passed to Committee on Rules for second reading.


February 18, 1994

SSB 6282          Prime Sponsor, Committee on Labor & Commerce: Regulating time limits for industrial safety and health appeals. Reported by Committee on Commerce & Labor


             MAJORITY recommendation: Do pass. Signed by Representatives G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Conway; Horn; King; Springer and Veloria.


             Excused: Representative Heavy; Chair.


             Passed to Committee on Rules for second reading.


February 18, 1994

ESB 6284         Prime Sponsor, Wojahn: Obtaining a real estate broker's or salesperson's license. Reported by Committee on Commerce & Labor


             MAJORITY recommendation: Do pass with the following amendment:


             On page 2, line 30, after "(d)" strike "Has" and insert "Except as provided in RCW 18.85.097, has"

             On page 3, line 27, after "(b)" strike "Has" and insert "Except as provided in RCW 18.85.097, has"

             On page 5, strike all of lines 1 and 2, and insert the following:

             "Sec. 4. RCW 18.85.097 and 1987 c 332 s 18 are each amended to read as follows:

             ((The director may waive the thirty clock-hour requirements in RCW 18.85.095 and 18.85.215 if the director makes a determination that the individual is otherwise and similarly qualified by reason of practical experience in a business allied with or related to real estate)) The director may allow for substitution of the clock-hour requirements in RCW 18.85.090(1)(d) and RCW 18.85.095(1)(b), if the director makes a determination that the individual is otherwise and similarly qualified by reason of completion of equivalent educational coursework in any institution of higher education as defined in RCW 28B.10.016 or any degree-granting institution as defined in RCW 28B.85.010 approved by the director. The director shall establish by rule, guidelines for determining equivalent educational coursework."


             Signed by Representatives G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Conway; Horn; King; Springer and Veloria.


             Excused: Representative Heavy; Chair.


             Passed to Committee on Rules for second reading.


February 17, 1994

SB 6285            Prime Sponsor, Moore: Regulating financial institutions and securities. Reported by Committee on Financial Institutions & Insurance


             MAJORITY recommendation: Do pass. Signed by Representatives Zellinsky, Chair; Scott, Vice Chair; Mielke, Ranking Minority Member; Dyer, Assistant Ranking Minority Member; Anderson; Dellwo; R. Johnson; Kessler; Kremen; R. Meyers; Schmidt; Tate and L. Thomas.


             Excused: Representatives Dorn, Grant and Lemmon.


             Passed to Committee on Rules for second reading.


February 18, 1994

SSB 6371          Prime Sponsor, Committee on Higher Education: Changing provisions relating to higher education degree-granting authority. Reported by Committee on Higher Education


             MAJORITY recommendation: Do pass. Signed by Representatives Jacobsen, Chair; Quall, Vice Chair; Brumsickle, Ranking Minority Member; Sheahan, Assistant Ranking Minority Member; Basich; Bray; Carlson; Casada; Finkbeiner; Flemming; Mastin; Ogden; Rayburn; Shin and Wood.


             Excused: Representatives Kessler, Mielke and Orr.


             Passed to Committee on Rules for second reading.


February 17, 1994

2SSJM 8003     Prime Sponsor, Committee on Trade, Technology & Economic Development: Petitioning Congress to establish the rural development council on a permanent basis. Reported by Committee on Trade, Economic Development & Housing


             MAJORITY recommendation: Do pass. Signed by Representatives Wineberry, Chair; Shin, Vice Chair; Schoesler, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Backlund; Campbell; Casada; Conway; Quall; Sheldon; Springer and Valle.


             Excused: Representatives Morris and Wood.


             Passed to Committee on Rules for second reading.


February 18, 1994

SJM 8029         Prime Sponsor, Morton: Petitioning Congress to allow states to require a notice requirement before imposing a federal lien on real property. Reported by Committee on Judiciary


             MAJORITY recommendation: Do pass. Signed by Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Eide; J. Kohl; Long; Morris; H. Myers; Scott and Tate.


             Excused: Representatives Forner, Riley, Schmidt and Wineberry.


             Passed to Committee on Rules for second reading.


             On motion of Representative Peery, the bills and memorials listed on today's committee reports under the fifth order of business were referred to the committees so designated.


             The Speaker declared the House to be at ease.

             The Speaker called the House to order.


SPEAKER'S PRIVILEGE


             The Speaker introduced Miss Washington for 1994, Teri Ann Plant and Eva Toffer, the Ladies Director for the Miss Washington Pageant. Miss Washington briefly addressed the House.


             There being no objection, the House advanced to the sixth order of business.


SECOND READING


             HOUSE BILL NO. 2319, by Representatives Appelwick, Leonard, Johanson, Valle, Wang, Wineberry, Scott, Karahalios, Caver, Kessler, Basich, Wolfe, J. Kohl, Veloria, Quall, Holm, Jones, Shin, King, Patterson, Eide, Dellwo, L. Johnson, Springer, Pruitt, Ogden, H. Myers and Anderson; by request of Governor Lowry

 

Enacting programs to reduce youth violence.


             The bill was read the second time. Committee on Appropriations recommendation: Majority, do pass second substitute.


             On motion of Representative Appelwick, Second Substitute House Bill No. 2319 was substituted for House Bill No. 2319, and the second substitute bill was placed on the second reading calendar.


             Second Substitute House Bill No. 2319 was read the second time.


             Representative Stevens moved adoption of the following amendment by Representative Stevens:


             On page 3, line 2, after "A." strike everything through "B." on page 6, line 21


             Representative Stevens spoke in favor of the adoption of the amendment and Representatives Leonard and Flemming spoke against it. The amendment was not adopted.


MOTION


             On motion of Representative J. Kohl, Representative Riley was excused.


             Representative Flemming moved adoption of the following amendment by Representatives Flemming and Sommers:


             On page 3, beginning on line 16, strike all of sections 102, 103, 104, and 105 and insert the following:


             "NEW SECTION. Sec. 102. HEALTHY FAMILIES--WASHINGTON PROGRAM. (1) The department of health shall coordinate and fund community-based projects providing screening, tracking, and the delivery of appropriate primary prevention services to infants and toddlers and their families. The program shall be known as the healthy families--Washington program and shall have a goal of helping families and communities promote healthy child development, reduce preventable illnesses and disabilities, and reduce child abuse and neglect in Washington state.

             (2) Participation by parents in the healthy families--Washington program shall be voluntary.

             (3) Parents who elect to participate in the healthy families--Washington program shall receive education and support services only after signing a voluntary written authorization. The parents shall be informed of their right to withdraw their decision to participate in the healthy families--Washington program at any time of their choosing.

             (4) Program criteria shall be established by the department of health in consultation with the family policy council established pursuant to chapter 70.190 RCW, and with private and public groups involved in child abuse and neglect prevention and shall reflect the following principles:

             (a) Family policy principles enunciated by the family policy council;

             (b) Flexibility in program design and implementation to accommodate unique community characteristics and needs;

             (c) Services are offered, subject to the availability of funding, to infants and their families where a screening has revealed the infant meets one or more risk factors related to a biological, environmental, or psychosocial risk factor; and

             (d) Increased coordination of existing services to prospective parents and parents of newborn children.

             (5) The department of health shall establish a sliding fee scale for the provision of services under sections 102 through 104 of this act.

             (6) For the purposes of sections 102 through 104 of this act "parent" means the birth or adoptive parent, or the legal guardian of a child.


             NEW SECTION. Sec. 103. HEALTHY FAMILIES-WASHINGTON PROGRAM SITES--REQUIREMENTS. (1) Each community-based healthy families--Washington program site shall be designed to promote healthy child development and to reduce the incidence of preventable illnesses, disabilities, and child abuse and neglect in the defined community.

             (2) Program participation by parents shall be voluntary. In offering or providing services, every effort shall be made to coordinate with and utilize other programs that fund or provide any of the services referenced in subsection (3) of this section. The primary focus for expenditure of healthy families--Washington program funds should be development of a coordinated system of family support services for parents of newborn children in the community who meet eligibility criteria, provision of visits at locations comfortable for parents and provision of services referenced in subsection (3) of this section that are not currently funded from other sources.

             (3) Each program site shall make the following services available to families in the defined community:

             (a) Screening prior to or soon after the birth of a child to determine whether an infant meets one or more risk factors related to a biological, environmental, or psychosocial risk factor;

             (b) Visits for expectant or new parents of infants identified pursuant to (a) of this subsection and their parents, who have voluntarily signed a written authorization to participate, at a location with which the parent is comfortable. Visits shall be conducted by professionals or paraprofessionals under rules established by the department of health. If a professional or paraprofessional is not available to conduct the visit, volunteers may be used to the extent that they meet minimum competency standards established by the department of health. At the initial visit, areas of concern shall be identified in consultation with the parents;

             (c) Linking each family with a primary care provider for the infant, tracking the infant's utilization of well-child health services, and providing reminders to participating families when a well-child visit has been missed;

             (d) Parenting education and skills development;

             (e) Parenting and family support information and referral;

             (f) Parent support groups;

             (g) Service coordination for individual families, and assistance with accessing services, provided in a manner that ensures that individual families have only one individual or agency to which they look for service coordination. Where appropriate for a family, service coordination may be conducted through interdisciplinary or interagency teams.

             (4) The department of health shall evaluate each program site. The evaluation shall include an analysis of the impact of program services on the rate of child abuse and neglect in the community served by the program. The department of health shall report to the appropriate committees of the house of representatives and senate on the effectiveness of the healthy families--Washington program and whether funding should be continued or terminated. The department of health shall report its findings on December 1, 1998.


             NEW SECTION. Sec. 104. HEALTHY FAMILIES-WASHINGTON PROGRAM SITES--APPLICATIONS. In developing and designing each healthy families--Washington program site, the department shall:

             (1) Actively involve entities in the community of the program site with a demonstrated interest in healthy child development and family support activities;

             (2) Actively involve parents who are not affiliated with entities providing child development or family support services;

             (3) Identify a lead agency in each site, which may be a private nonprofit or public agency, that will be responsible for fiscal and administrative coordination of the program site;

             (4) Identify the entities that will be providing the services described in section 103(3) of this act to participating families through the program;

             (5) Develop statistics for each program site, with the assistance of the department of social and health services, on the rate of childhood immunization, preventable illnesses and disabilities, and child abuse and neglect over at least the past five years;

             (6) Identify the community matching funds required by the department of health by rule; and

             (7) Include components that will demonstrate sensitivity to religious, cultural, and socioeconomic differences in the program site."


             On page 71, beginning on line 8, after "(1)" strike all material through "43.121 RCW" on line 9, and insert "Sections 102 through 104 of this act are each added to chapter 43.70 RCW"


             Representative Padden moved adoption of the following amendment to the amendment by Representative Padden:


             On page 2, line 24 of the amendment, strike "Screening" and insert "Voluntary screening"


             Representative Padden spoke in favor of the adoption of the amendment and it was adopted.


             Representatives Flemming and Cooke spoke in favor of the adoption of the amendment as amended and it was adopted.


             With the consent of the House, Representative Morris withdrew amendment number 972 to Second Substitute House Bill No. 2319.


             Representative H. Myers moved adoption of the following amendment by Representative H. Myers:


             Beginning on page 6, after line 22, strike all material through page 25, line 25, and insert the following:


             "Sec. 106. RCW 74.14A.020 and 1983 c 192 s 2 are each amended to read as follows:

             The ((department of social and health services)) efforts of state agencies participating in the family policy council, as provided in RCW 70.190.010, individually and collectively, shall address the needs of children and their families, including emotionally disturbed ((and)) children with special health care needs, developmentally disabled, and mentally ill children, potentially dependent children, and families-in-conflict by:

             (1) Serving children and families as a unit in the least restrictive setting available and in close proximity to ((the)) family homes, consistent with the best interests and special needs of the child;

             (2) Developing and implementing comprehensive, preventive, and early intervention social and health services that demonstrate the ability to delay or reduce the need for out-of-home placements and ameliorate problems before they become chronic or severe;

             (3) Ensuring that appropriate social and health services are provided to the family unit both prior to the removal of a child from the home and after the family ((reunification)) is reunited;

             (((3) Developing and implementing comprehensive, preventive, and early intervention social and health services which have demonstrated the ability to delay or reduce the need for out-of-home placements and ameliorate problems before they become chronic or severe;))

             (4) Ensuring that the safety and best interests of the child are the paramount considerations when making placement and service delivery decisions;

             (5) Recognizing the interdependent and changing nature of families and communities, building upon inherent family strengths, maintaining families' dignity and respect, and tailoring programs to their specific circumstances;

             (6) Being sensitive to family and community culture, norms, values, and expectations, ensuring that all services are accessible and are provided in a culturally competent and relevant manner, and ensuring participation of racial and ethnic minorities at all levels of service planning, delivery, and evaluation efforts;

             (7)(a) Developing coordinated ((social and health)) services for children and families which:

             (((a))) (i) Identify problems experienced by children and their families early and provide services which are adequate in availability, appropriate to the situation, and effective;

             (((b))) (ii) Seek to bring about meaningful change before family situations become irreversibly destructive and before disturbed psychological behavioral patterns and health problems become severe or permanent;

             (((c))) (iii) Serve children and families in their own homes thus preventing unnecessary out-of-home placement or institutionalization;

             (((d))) (iv) Focus resources on ((social and health)) problems as they begin to manifest themselves rather than waiting for chronic and severe patterns of illness, criminality, and dependency to develop which require long-term treatment, maintenance, or custody;

             (((e))) (v) Reduce duplication of and gaps in service delivery;

             (((f))) (vi) Improve planning, budgeting, and communication among ((all units of the department)) state and local agencies and private organizations serving children and families; and

             (((g) Develop)) (vii) Use outcome standards for measuring the effectiveness of ((social and health)) services for children and families.

             (b) In developing services under this subsection, local communities shall be partners with the state in planning, developing, implementing, and administering support systems that are tailored to their unique needs.


             Sec. 107. RCW 70.190.005 and 1992 c 198 s 1 are each amended to read as follows:

             The legislature finds that a primary goal of public involvement in the lives of children has been to strengthen the family unit.

             However, the legislature recognizes that traditional two-parent families with one parent routinely at home are now in the minority. In addition, extended family and natural community supports have eroded drastically. The legislature recognizes that public policy assumptions must be altered to account for this new social reality. Public effort must be redirected to expand, support, and strengthen((, and help refashion family)) families' and ((community associations)) communities' efforts to care for children.

             The legislature finds that a broad variety of services for children and families has been independently designed over the years and that the coordination and cost-effectiveness of these services will be enhanced through the adoption of ((a common)) an approach ((to their delivery)) that allows communities to design and coordinate services to meet their local needs. The legislature further finds that the most successful programs for reaching and working with at-risk families and children treat individuals' problems in the context of the family, offer a broad spectrum of services, are flexible in the use of program resources, and use staff who are trained in crossing traditional program categories in order to broker services necessary to fully meet a family's needs.

             The legislature further finds that eligibility criteria, expenditure restrictions, and reporting requirements of state and federal categorical programs often create barriers toward the effective use of resources for addressing the multiple problems of at-risk families and children.

             The purposes of this chapter are (1) to modify public policy and programs to empower communities to support and respond to the needs of individual families and children ((and)); (2) to improve the responsiveness of services for children and families at risk by facilitating greater coordination and flexibility in the use of funds by state and local services agencies; (3) to more effectively utilize state, regional, and local funds currently available for services to children and families by breaking down programmatic and administrative barriers, increasing collaboration among all child-serving systems, reducing duplication of services and coordinating services provided to individual children and their families; (4) to build upon local efforts already in place to accomplish the purposes of sections 106 through 126 of this act; (5) to bring together representatives of a broad range of local agencies, organizations, and individuals to develop an integrated children and family services system at the local level; (6) to provide data on unmet need and emerging issues that may require further state and local action; and (7) to partially decentralize and reconfigure children and family services, which may include those currently administered by the department of social and health services, the department of community, trade, and economic development, the department of health, the employment security department, and the office of the superintendent of public instruction.


             Sec. 108. RCW 70.190.010 and 1992 c 198 s 3 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Comprehensive plan" or "plan" means a two-year plan that identifies achievable outcomes for children and families, examines available resources and unmet needs ((for)), and designs an integrated system of services for children and families, as provided in section 113 of this act, for a city with a population in excess of one hundred fifty thousand, an Indian tribe, a county or a multicounty area((, barriers that limit the effective use of resources, and a plan to address these issues that is broadly supported)).

             (2) "Participating state agencies" means the office of the superintendent of public instruction, the department of social and health services, the department of health, the employment security department, the department of community, trade, and economic development, the office of financial management, and such other departments as may be specifically designated by the governor.

             (3) "Family policy council" or "council" means the superintendent of public instruction, the secretary of social and health services, the secretary of health, the commissioner of the employment security department, ((and)) the director of the department of community, trade, and economic development, and the director of the office of financial management, or their designees, one legislator from each caucus of the senate and house of representatives, and one representative of the governor. One representative each from counties, cities or towns, and school districts, one representative of the superior courts with a demonstrated interest in children, two representatives of children and family services providers, two citizens with a demonstrated interest in children, one representative of the business community and one representative of organized labor who has demonstrated an interest in children, also shall be appointed by the governor to serve on the council.

             (4) "Outcome ((based)) standard" means a defined and measurable ((outcomes and indicators that make it possible for communities to)) standard against which the state and communities can evaluate progress in meeting their goals and ((whether systems)) that can be used to determine whether community family councils are fulfilling their responsibilities.

             (5) (("Matching funds" means an amount no less than twenty-five percent of the amount budgeted for a consortium's project. Up to half of the consortium's matching funds may be in-kind goods and services. Funding sources allowable for match include appropriate federal or local levy funds, private charitable funding, and other charitable giving. Basic education funds shall not be used as a match.

             (6) "Consortium)) "Community family council" or "community council" means ((a diverse group of individuals that includes at least representatives of local service providers, service recipients, local government administering or funding children or family service programs, participating state agencies, school districts, existing children's commissions, ethnic and racial minority populations, and other interested persons organized for the purpose of designing and providing collaborative and coordinated services under this chapter. Consortiums shall represent a county, multicounty, or municipal service area. In addition, consortiums may represent Indian tribes applying either individually or collectively)) an entity, other than a state agency, established pursuant to section 110 of this act.

             (6) "Case management" means a service delivery method that provides easy access to the system and, where appropriate, development of a case plan for a child and his or her family, and service brokering between the family and service providers.


             NEW SECTION. Sec. 109. DEVELOPMENT OF OUTCOME STANDARDS FOR CHILDREN AND FAMILIES. (1) The family policy council shall coordinate an interagency process to develop defined and measurable program and policy outcome standards for children and families, including children and families of color, in Washington state with respect to:

             (a) Family self-sufficiency and stability;

             (b) Family health;

             (c) Readiness to learn; and

             (d) Youth at risk.

             (2) In developing outcome standards, the council shall identify those measurable risk factors that are empirically linked to the outcomes identified in subsection (1) (a) through (d) of this section. Risk factors considered shall include, but are not limited to:

             (a) Violent acts by youth;

             (b) Substance abuse;

             (c) Teen pregnancy and parenting;

             (d) Suicide and suicide attempts;

             (e) Dropping out of school or school absenteeism;

             (f) Child abuse and neglect and out-of-home placement;

             (g) Poverty, homelessness, and inadequate nutrition and hunger;

             (h) Single parent households;

             (i) Unemployment or lack of job skills;

             (j) Gang affiliation and lack of recreational or cultural opportunities;

             (k) Domestic violence and sexual assault; and

             (l) Physical, emotional, or behavioral disabilities.

             (3) Outcome standards shall be developed in consultation with and with reference to the department of health's public health services improvement plan; the department of social and health services needs assessment data base; the commission on student learning; the child care coordinating committee; the developmental disabilities planning council; the comprehensive housing affordability strategies developed pursuant to 42 U.S.C. Secs. 12701 et seq.; the five-year Washington state housing advisory plan; the commissions on African-American affairs, Asian-American affairs, and Hispanic affairs; the governor's office on Indian affairs; other appropriate state entities involved in children and family services planning, and other appropriate research organizations, and shall make every effort to utilize outcome standards already developed through these efforts. On or before July 1, 1995, the family policy council shall report to appropriate committees of the legislature on the outcome standards developed to date, and a timeline for completing remaining standards.


2. Community Family Councils


             NEW SECTION. Sec. 110. ESTABLISHMENT OF COMMUNITY FAMILY COUNCILS. A community family council shall be established according to the following process:

             (1) No later than July 1, 1994, the county legislative authority of each county in the state shall convene a meeting of a diverse group of individuals interested in designing and providing coordinated services to children and their families. At a minimum, representatives of the following groups shall be invited: Parents, youth, people of color, Indian tribes, existing children's commissions, coalitions or task forces, community organizations providing support to families, such as churches and neighborhood associations, community mobilization coalitions or task forces, business, labor, local economic development and job training programs, housing organizations, local law and justice councils, juvenile courts, children and family services providers, regional support networks, county developmental disabilities boards, county drug and alcohol boards, school districts, community action agencies, cities or towns, local offices of state agencies, local health departments and districts, and any other entity that contracts with the state or local government to provide services to children and their families. If a county fails to convene a meeting by July 1, 1994, the family policy council may authorize an alternative local organization to convene the meeting.

             (2) At the initial meeting of the consortium, a representative of the family policy council or its participating state agencies shall present an overview of sections 106 through 126 of this act, including its purpose and philosophy, and the role and responsibilities of community family councils. The consortium convened under subsection (1) of this section shall:

             (a) Determine the membership of the community family council. A community family council shall consist of not less than nine, nor more than twenty-five members. The chair of the council shall be chosen as provided in subsection (3) of this section. Of the remaining members: One-fourth shall represent citizens, including parents, youth, business, religious institutions, and neighborhood associations; one-fourth shall represent local government; one-fourth shall represent children and family service providers; and one-fourth shall be individuals with demonstrated involvement in children's issues. Membership of the community family council shall be culturally diverse and adequately reflect the racial and cultural composition of the community. Community family council members shall serve a term of three years and until their successors are designated by the council. No member may serve in excess of two consecutive terms. Initial membership terms shall be staggered. Members shall not be compensated for the performance of their duties as members of the council, but may be reimbursed for essential travel and per diem expenses to ensure performance of the council's duties.

             (b) Solicit nominations for community family council members from the various groups represented at the meeting. Each group to be represented shall select its own representatives. If, however, a particular group whose representation is required on the community family council cannot agree on a nominee or is not represented at the meeting, the consortium shall select the nominee.

             (3) The community family council chosen under subsection (2) of this section shall:

             (a) Define the jurisdiction of the community family council to include a county, multicounty area, a city with a population in excess of one hundred fifty thousand, or a tribal government. If a city or tribal government forms its own community family council, its comprehensive plan shall describe how it will be coordinated with the plan of the county in which it is located. Community family councils may break down into smaller geographic areas for development of community specific plans, which shall then be incorporated into the jurisdiction-wide comprehensive plan.

             (b) Choose a chair from among the council's membership. The chair shall be a lay person.

             (c) Designate a lead agency or entity. The lead agency shall be primarily responsible for coordinating development and implementation of the comprehensive plan, and shall serve as the fiscal agent for receipt and administration of any funds received from the children and family services fund established in section 117 of this act. The lead agency also shall be responsible for initial efforts to resolve disputes within community family councils. If resolution of such a dispute cannot be achieved at the community level, the dispute shall be mediated as provided in section 116 of this act. Funds expended by a lead agency for administration shall not exceed the greater of:

             (i) Five percent of funds received from the children and family services fund or of funds allocated to programs for which modifications have been authorized by the legislature under section 120 of this act;

             (ii) Up to ten percent of funds received from the children and family services fund or of funds allocated to programs for which modifications have been authorized by the legislature under section 120 of this act, upon a showing by the lead agency that good cause exists to exceed the five percent limitation, and upon approval by the family policy council; or

             (iii) The minimum fixed dollar amount for administration established by the family policy council.

             (4) The family policy council shall have final approval authority of the designated membership, chair, lead agency, and jurisdiction of each community family council to ensure that the requirements of this section have been met. The family policy council shall act upon a community family council's request for approval within ninety days of receipt of such request. If a community family council is unable to reach consensus on its membership, chair, lead agency, or jurisdiction by January 1, 1995, the family council shall designate such membership, chair, lead agency, or jurisdiction, following consultation with appropriate persons or organizations in the affected county or counties. If the family policy council finds that a particular geographic area is not included in the jurisdiction of any community family council, the family policy council may require one or more of the community family councils in closest proximity to the identified geographic area to extend their jurisdiction to include all or part of such area.

             (5) All meetings of the community family council are subject to the open public meetings act under chapter 42.30 RCW.

             (6) The first meeting of the community family council shall occur no later than October 1, 1994.


             NEW SECTION. Sec. 111. DEVELOPMENT AND IMPLEMENTATION OF COMPREHENSIVE PLANS. (1) The community family council shall promote wellness for children and families in its jurisdiction, and oversee the development and implementation of an integrated system of services for children and their families, and of a comprehensive plan.

             (2) The community family council shall take the following actions in development of its comprehensive plan:

             (a) Utilize state-wide data provided by the family policy council. Such data may include, but is not limited to census information, broken down by race and ethnicity, and free and reduced price school lunch participation rates;

             (b) Define outcome standards, with numeric goals, for its jurisdiction, based upon the outcome standards in section 109 of this act;

             (c) Define the needs of children and families that must be addressed to achieve the outcome standards defined in (b) of this subsection;

             (d) Conduct a local needs assessment, in accordance with rules adopted by the family policy council for this purpose, that examines services available to meet the needs identified pursuant to (c) of this subsection. The assessment shall identify:

             (i) Available services that function effectively;

             (ii) Available services that do not function effectively and why those services do not function effectively;

             (iii) Duplication of available services;

             (iv) Needed services that are unavailable; and

             (v) Facilities in which services for children and families are or could be located, including but not limited to school buildings.

             If a jurisdiction served by a community family council has conducted a needs assessment that substantially meets the requirements of this subsection through utilization of recent and relevant data, an additional needs assessment shall not be required;

             (e) Prepare the comprehensive plan and such later amendments to the plan as are necessary, as provided in sections 112 and 113 of this act. Prior to finalization of the comprehensive plan, the council shall hold a public hearing to solicit oral and written comments on the draft plan. A summary of the public response regarding the appropriateness and effectiveness of the comprehensive plan shall be submitted to the family policy council with the plan;

             (f) Submit the comprehensive plan to the legislative authority of each county, city, town, or tribal government within the council's jurisdiction for review prior to submission to the family policy council. The legislative authority of a county, city, or town with population in excess of five thousand shall hold a public hearing to solicit comments on the plan. All other counties, cities, and towns are encouraged to hold such a public hearing. Any oral or written response of the legislative authority to the plan and any testimony given at the public hearing shall be submitted to the family policy council with the plan;

             (g) Submit the comprehensive plan to the family council for review and approval on or before October 1, 1996, as provided in section 119 of this act.

             (3) The community family council also shall:

             (a) Monitor progress of key outcomes related to the comprehensive plan; and

             (b) Adopt calendar year budgets for the council within the funds available and forward them to the lead agency.

             (4) A community family council may make interim recommendations to the family policy council, and other state and local agencies on how services might be improved in the interim until the final comprehensive plan is adopted.


             NEW SECTION. Sec. 112. ENSURE PUBLIC PARTICIPATION. Each community family council shall establish procedures providing for early and continuous public participation in the development and amendment of comprehensive plans. The procedures shall provide for broad dissemination of proposals, opportunity for written comments, public meetings after effective notice, provision for scheduled open public discussion at each community family council meeting, and consideration of and response to public comments. Community family councils are encouraged to establish task forces, work groups, or other advisory committees to broaden public participation in their efforts.


             NEW SECTION. Sec. 113. COMPREHENSIVE PLAN COMPONENTS. (1) The submission of a comprehensive plan meeting the requirements of this section to the family policy council shall be a condition precedent to modification of categorical program requirements by the legislature as provided in section 120 of this act.

             (2) A comprehensive plan shall include:

             (a) Defined, measurable outcome standards for the jurisdiction served by the plan based upon the standards developed under section 109 of this act. The outcome standards shall reflect ten-year goals, and the plan shall be designed to achieve measurable progress toward meeting those goals;

             (b) Results of the local needs assessment conducted pursuant to section 111(2) of this act;

             (c) An explanation of how the principles of RCW 74.14A.025 and 70.190.005 are reflected in the plan;

             (d) An assessment of the economic status of the community, economic opportunities available within the community, and recommendations pertaining to coordination of economic and social development efforts;

             (e) A detailed description of how the plan will meet its outcome standards. This description shall include an explanation of:

             (i) How appropriate needs of children and families in the community family council's jurisdiction will be identified and addressed, giving consideration to the use of uniform application forms and assessment tools, case management services, and centralized information and referral services;

             (ii) How emphasis has been placed on contracting with, or utilizing existing service delivery systems and entities that have in the past provided quality services to children and their families in the jurisdiction served by the community family council and have demonstrated an interest in continuing to provide such services;

             (iii) Current interagency efforts to collaborate in the delivery of services to children and families and to coordinate services to children and families across service systems, the barriers to achieving full collaboration and coordination, and how full collaboration and coordination will be achieved under the comprehensive plan, including discussion of how existing interagency efforts addressing children and family services issues will be incorporated into the plan;

             (iv) How funding for existing services will be coordinated to create more flexibility; and

             (v) How children and families will benefit from the restructuring of children and family services proposed in the plan, with specific attention to the defined outcome standards;

             (f) Designation of the lead agency;

             (g) Any requests for grants from the children and family services fund as provided in section 118 of this act, or for legislative modification of categorical program restrictions as provided in section 120 of this act;

             (h) Assurances that services provided under the plan will be culturally relevant and accessible to communities of color and underserved populations; and

              (i) Assurance that funding for services to children and families by counties, cities, towns, and tribal governments in the jurisdiction served by the council will be maintained at levels no less than those in effect on January 1, 1994.

             (3) Each community family council shall submit its comprehensive plan to the family policy council on or before October 1, 1996. Plans submitted prior to that date shall be reviewed and acted upon by the family policy council within ninety days of their receipt by the council. If a jurisdiction fails to establish a community family council or to submit a comprehensive plan by that date, the family policy council shall designate a single state agency to assume responsibility for development of a comprehensive plan, in consultation with interested persons and organizations in the jurisdiction.

             (4) Upon request of the family policy council, community family councils shall cooperate with, and participate in any evaluation of, the efforts undertaken through this chapter.


             NEW SECTION. Sec. 114. The designated lead agency of the community family council is authorized to receive and spend funds received through the state under this chapter, any federal funds received through any state agency, any local funds made available by political subdivisions within the jurisdiction of the community family council for planning or service delivery, or any private gifts, donations, funds, or property received by it for the benefit of children and families.


3. The Family Policy Council


             Sec. 115. RCW 70.190.030 and 1992 c 198 s 5 are each amended to read as follows:

             POWERS AND DUTIES OF THE FAMILY POLICY COUNCIL. (((1))) The family policy council shall ((annually solicit from consortiums proposals to facilitate greater flexibility, coordination, and responsiveness of services at the community level. The council shall consider such proposals only if:

             (a) A comprehensive plan has been prepared by the consortium; and

             (b) The consortium has identified and agreed to contribute matching funds as specified in RCW 70.190.010; and

             (c) An interagency agreement has been prepared by the family policy council and the participating local service and support agencies that governs the use of funds, specifies the relationship of the project to the principles listed in RCW 74.14A.025, and identifies specific outcomes and indicators; and

             (d) Funds are to be used to provide support or services needed to implement a family's or child's case plan that are not otherwise adequately available through existing categorical services or community programs; [and]

             (e) The consortium has provided written agreements that identify a lead agency that will assume fiscal and programmatic responsibility for the project, and identify participants in a consortium council with broad participation and that shall have responsibility for ensuring effective coordination of resources; and

             (f) The consortium has designed into its comprehensive plan standards for accountability. Accountability standards include, but are not limited to, the public hearing process eliciting public comment about the appropriateness of the proposed comprehensive plan. The consortium must submit reports to the family policy council outlining the public response regarding the appropriateness and effectiveness of the comprehensive plan.

             (2) The family policy council may submit a prioritized list of projects recommended for funding in the governor's budget document.

             (3) The participating state agencies shall identify funds to implement the proposed projects from budget requests or existing appropriations for services to children and their families.)):

             (1) Be responsible for state-wide planning and policy development for services to children and families, in consultation with community family councils;

             (2) Initiate an interagency effort to identify opportunities to utilize common program applications and eligibility criteria, assessment tools, and reporting and recordkeeping procedures for children and family services funded by participating state agencies;

             (3) Define children and family services outcome standards as provided in section 109 of this act;

             (4) Review and act upon requests from community family councils for grants from the children and family services fund submitted pursuant to section 118 of this act;

             (5) Review and act upon comprehensive plans as provided in section 119 of this act;

             (6) Review and act upon requests for legislative modification of categorical program restrictions as provided in section 120 of this act;

             (7) Establish a uniform system of reporting and collecting statistical data from agencies serving children and families, with the department of health as the primary state repository of this data;

             (8) Negotiate federal waivers as necessary;

             (9) Adopt rules as necessary to implement this chapter, as provided in chapter 34.05 RCW; and

             (10) Beginning on November 1, 1994, make annual reports to the governor and the appropriate legislative committees of the legislature on the following:

             (a) The status and results of efforts undertaken pursuant to subsection (2) of this section;

             (b) Grants awarded pursuant to section 118 of this act;

             (c) Requests for legislative modification of categorical program restrictions as provided in section 120 of this act;

             (d) The progress in meeting outcome standards established pursuant to section 109 of this act; and

             (e) Recommended statutory changes to improve the delivery and financing of services to children and their families.


             NEW SECTION. Sec. 116. TECHNICAL ASSISTANCE, GRANTS, AND MEDIATION SERVICES. (1) The family policy council and its participating state agencies shall provide technical and financial assistance and incentives to community family councils to encourage and facilitate the adoption and implementation of comprehensive plans.

             (2) The department of community, trade, and economic development, with approval of the family policy council may issue grants from the children and family services fund established pursuant to section 117 of this act to provide direct financial assistance to community family councils for the preparation of comprehensive plans under this chapter. The council may establish provisions for matching funds to conduct activities under this subsection. Grants may be expended for any purpose directly related to the preparation of a comprehensive plan as the department of community, trade, and economic development and the community family council may agree, including citizen participation, conducting needs assessments, data gathering, the retention of consultants, and other related purposes. The department of community, trade, and economic development shall monitor grants issued under this subsection.

             (3) Participating state agencies shall provide technical assistance to community family councils, upon request, that includes but is not limited to assistance with: Initiation of collaborative efforts to plan services for children and families, coordination of service delivery for children and families across service systems, development of comprehensive plans, allowable use of federal and state funds, feedback on the progress of local restructuring efforts, implementation of comprehensive plans and training and professional development for front line workers who work directly with children and their families. Technical assistance also shall include attendance at the initial meeting of each consortium, as provided in section 110(2) of this act, and identification and distribution of state-wide data and relevant research.

             (4) Participating state agencies shall provide mediation services to resolve disputes between community family councils, and disputes within community family councils that could not be resolved at the community level by the lead agency as provided in section 110(3) of this act.


             NEW SECTION. Sec. 117. CHILDREN AND FAMILY SERVICES FUND. The children and family services fund is created in the state treasury. Moneys in the account may be spent only after appropriation. Moneys in the account may be expended only for:

             (1) Grants of flexible funds to designated lead agencies of community family councils to facilitate improved delivery of services to children and families, as provided in section 118 of this act; and

             (2) Technical assistance and planning grants to designated lead agencies of community family councils for development of comprehensive plans, as provided in section 116 of this act.


             NEW SECTION. Sec. 118. REQUESTS FOR GRANTS FROM THE CHILDREN AND FAMILY SERVICES FUND. (1) Lead agencies, on behalf of community family councils, may make requests for grants from the children and family services fund for:

             (a) Development of comprehensive plans;

             (b) Implementation of comprehensive plans; or

             (c) Improved delivery of services to children and families pending completion of a comprehensive plan, if the community family council has completed the needs assessment described in section 111(2) of this act, identified unmet needs in their jurisdiction, and met any other requirements established by the family policy council in rule. The request for funds shall describe the intended use of the funds and demonstrate that the intended use is consistent with the principles stated in RCW 74.14A.020 and 70.190.005.

             (2) In adopting rules to implement this section, the family policy council shall consider the population of the area served, the needs of the area, and the ability of the community to provide funds for and participate in the coordination and delivery of services for children and their families. The family policy council may condition the receipt of a grant under subsection (1) (b) or (c) of this section on the following:

             (a) Availability of information and referral services for children and their families in the community served by the community family council;

             (b) Coordination of services for children and families to ensure maximum utilization of all available services and funding; and

             (c) Preparation of a comprehensive plan for present and future development of services and for reasonable progress toward the coordination of all services for children and their families.

             (3) The family policy council shall review applications from lead agencies made under this section. The family policy council may approve an application if it meets the requirements of this section and rules adopted by the family policy council. The department of community, trade, and economic development shall be responsible for issuance, administration, and monitoring of grants approved by the family policy council under this section.


             NEW SECTION. Sec. 119. REVIEW OF COMPREHENSIVE PLANS. (1) The family policy council shall review comprehensive plans submitted pursuant to sections 111 and 113 of this act. The council may disapprove a comprehensive plan in whole or in part only upon making specific findings that the local plan substantially fails to comply with the principles stated in RCW 74.14A.020 or 70.190.005 or with section 113 of this act. If the council disapproves a comprehensive plan in whole, the council shall identify with particularity the manner in which the plan is deficient. If the council disapproves only part of the plan, the remainder of the plan may be implemented. The council shall assist in remedying the deficiencies in the comprehensive plan. The council shall set a date by which the comprehensive plan or the deficient portions of the plan shall be revised and resubmitted.

             (2) Upon approval of a comprehensive plan, the family policy council shall enter into contracts with designated lead agencies of community family councils. The contracts shall:

             (a) Reflect the principles stated in RCW 74.14A.020 and 70.190.005;

             (b) Clearly articulate the responsibilities of the lead agency and the community family council;

             (c) Clearly state the terms of any grants issued pursuant to section 118 of this act or any legislative modifications of categorical program restrictions made pursuant to section 120 of this act that are part of a comprehensive plan;

             (d) Ensure that coordination within and across counties is maximized;

             (e) Ensure that community family councils have access to sufficient and timely data to make informed and equitable funding decisions; and

             (f) Include procedures for taking action in identified incidents of misfeasance or nonfeasance by the lead agency or a community family council.


             NEW SECTION. Sec. 120. LEGISLATIVE MODIFICATION OF CATEGORICAL PROGRAM RESTRICTIONS. (1) The family policy council shall review requests by community family councils for modification of state statutory restrictions on categorical children and family services programs that seek to utilize such categorical program funds in a more flexible fashion. Modification requests may seek flexibility in the use of categorical program funds with respect to: Eligibility criteria; services provided to children or families; or use of funds appropriated for the program to meet a need other than that for which the program was established, upon a showing by the council that the need the categorical funds were intended to address has been met through an alternative program or fund source.

             (2) Any modification request submitted by a community family council shall be submitted as part of the council's comprehensive plan. The request shall state with specificity:

             (a) The statutory requirements for which modification is requested;

             (b) The reasons such modification is necessary in the context of the comprehensive plan; and

             (c) How children and families in the jurisdiction served by the community family council will benefit from the modification, particularly with respect to achieving the outcome standards defined in the comprehensive plan.

             (3) The family policy council shall review modification requests submitted by community family councils. Modification requests meeting the requirements of this section shall be submitted to the legislature for its consideration in the report submitted pursuant to RCW 70.190.030(10).


             NEW SECTION. Sec. 121. STATE AGENCY COMPLIANCE WITH COMPREHENSIVE PLANS. Consistent with state and federal law and the biennial appropriations act, participating state agencies shall comply with approved comprehensive plans adopted pursuant to this chapter. Nothing in this chapter shall be construed to limit the duties of participating state agencies under chapters 13.34 and 74.13 RCW.


             NEW SECTION. Sec. 122. The family policy council may solicit, accept, and receive federal, state, or private funds or property for the purpose of carrying out the provisions of sections 106 through 126 of this act.


4. Miscellaneous


             Sec. 123. RCW 74.14A.050 and 1993 c 508 s 7 are each amended to read as follows:

             The secretary shall:

             (1)(a) Consult with relevant qualified professionals to develop a set of minimum guidelines to be used for identifying all children who are in a state-assisted support system, whether at-home or out-of-home, who are likely to need long-term care or assistance, because they face physical, emotional, medical, mental, or other long-term challenges;

             (b) The guidelines must, at a minimum, consider the following criteria for identifying children in need of long-term care or assistance:

             (i) Placement within the foster care system for two years or more;

             (ii) Multiple foster care placements;

             (iii) Repeated unsuccessful efforts to be placed with a permanent adoptive family;

             (iv) Chronic behavioral or educational problems;

             (v) Repetitive criminal acts or offenses;

             (vi) Failure to comply with court-ordered disciplinary actions and other imposed guidelines of behavior, including drug and alcohol rehabilitation; and

             (vii) Chronic physical, emotional, medical, mental, or other similar conditions necessitating long-term care or assistance;

             (2) In consultation with community family councils, develop programs that are necessary for the long-term care of children and youth that are identified for the purposes of this section. Programs must: (a) Effectively address the educational, physical, emotional, mental, and medical needs of children and youth; and (b) incorporate an array of family support options, to meet individual needs and choices of the child and family. The programs must be ready for implementation by ((January 1, 1995)) July 1, 1996;

             (3) ((Conduct an evaluation of all children currently within the foster care agency caseload to identify those children who meet the criteria set forth in this section. The evaluation shall be completed by January 1, 1994. All children entering the foster care system after January 1, 1994, must be evaluated for identification of long-term needs within thirty days of placement;

             (4))) Study and develop a comprehensive plan for the evaluation and identification of all children and youth in need of long-term care or assistance, including, but not limited to, the mentally ill, developmentally disabled, medically fragile, seriously emotionally or behaviorally disabled, and physically impaired;

             (((5))) (4) Study and develop a plan for the children and youth in need of long-term care or assistance to ensure the coordination of services between the department's divisions and between other state agencies who are involved with the child or youth; and

             (((6))) (5) Study and develop guidelines for transitional services, between long-term care programs, based on the person's age or mental, physical, emotional, or medical condition((; and

             (7) Study and develop a statutory proposal for the emancipation of minors and report its findings and recommendations to the legislature by January 1, 1994)).


             NEW SECTION. Sec. 124. A new section is added to chapter 43.131 RCW to read as follows:

             SUNSET REVIEW OF FAMILY POLICY COUNCIL. The family policy council and its powers and duties shall terminate effective June 30, 2001.


             NEW SECTION. Sec. 125. A new section is added to chapter 43.131 RCW to read as follows:

             SUNSET REVIEW OF FAMILY POLICY COUNCIL. The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2002.

             (1) RCW 70.190.005 and section 107 of this act & 1992 c 198 s 1;

             (2) RCW 70.190.010 and section 108 of this act & 1992 c 198 s 3;

             (3) Section 109 of this act;

             (4) Section 110 of this act;

             (5) Section 111 of this act;

             (6) Section 112 of this act;

             (7) Section 113 of this act;

             (8) Section 114 of this act;

             (9) RCW 70.190.030 and section 115 of this act & 1992 c 198 s 5;

             (10) Section 116 of this act;

             (11) Section 117 of this act;

             (12) Section 118 of this act;

             (13) Section 119 of this act;

             (14) Section 120 of this act;

             (15) Section 121 of this act; and

             (16) Section 122 of this act.


             NEW SECTION. Sec. 126. A new section is added to chapter 43.84 RCW to read as follows:

             The children and family services fund established under section 117 of this act is exempt from the provisions of RCW 43.84.092 and shall receive its proportionate share of earnings based upon the account's average daily balance for each monthly period."


             Representatives H. Myers and Cooke spoke in favor of the adoption of the amendment and it was adopted.


             Representative J. Kohl moved adoption of the following amendment by Representative J. Kohl:


             On page 32, line 4, after "sexual" strike "violence and abuse" and insert "harassment, sexual abuse, and sexual assaults"

             On page 32, line 20, after "include" insert "descriptions of"

             On page 32, line 23, after "how to" strike "obtain the resources" and insert "contact the organizations offering these resources"

             On page 33, line 12, after "available at" strike "location" insert "locations"

             On page 33, line 29, after "between" insert "children and"

             On page 45, line 24, after "teams" insert ", but must include additional members whose interest is in violence prevention"

             On page 45, line 26, after "strategies" insert ", which could include such subjects as conflict resolution, anger management, empathy training, peer mediation, and child abuse prevention"

             On page 46, line 9, after "(f)" strike "An" and insert "A classroom teacher or other"


             Representative J. Kohl spoke in favor of the adoption of the amendment and it was adopted.


             Representative Wineberry moved adoption of the following amendment by Representative Wineberry:


             On page 35, after line 13, insert:

             "(5) The department shall provide additional assistance to community-based efforts in skill development, employment readiness, and work experience, including: (a) Community-based mentoring programs, providing technical assistance and providing funds for program development; (b) tutoring services to at-risk youth by the retired senior volunteer program; and (c) private-sector efforts to assist in the employment and training of at-risk youth in such areas as work experience, mentoring programs, skill development, and apprenticeships. In developing and implementing these efforts, the department shall consult with the work force training and education coordinating board, employment security department, and other relevant agencies. The department shall provide funds to community-based organizations to identify at-risk youth to participate in private-sector efforts and to provide ongoing assistance to youth participating in the programs."


             Representative Wineberry spoke in favor of the adoption of the amendment and it was adopted.


             Representative Springer moved adoption of the following amendment by Representative Springer:


             On page 37, after line 21, insert the following:

             "NEW SECTION. Sec. 209. The legislature recognizes the importance of education and employment experiences for youth and the critical role of school-to-work transition options to achieving job readiness. Therefore, in light of these priorities, the department of labor and industries is directed to accelerate its evaluation of the minor work rules adopted under chapter 49.12 RCW, including an evaluation of the impact of these rules on the school-to-work transition projects provided for in section 208 of this act. The department shall report to the governor and the appropriate committees of the legislature on its evaluation of the minor work rules prior to the start of the 1995 regular legislative session."


             Representatives Springer, Foreman and Carlson spoke in favor of the adoption of the amendment and it was adopted.


             Representative Cooke moved adoption of the following amendment by Representative Cooke:


             On page 37, after line 24, strike all material down to and including "district." on line 32 and insert the following:

             "(1) School district boards of directors may establish schools or programs which parents may choose for their children to attend in which: (a) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (b) parents are required to participate in the student's education; and/or (c) discipline requirements are more stringent than in other schools in the district.

             (2) School district boards of directors may establish schools or programs in which: (a) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (b) parents are regularly counseled and encouraged to participate in the student's education; and/or (c) discipline requirements are more stringent than in other schools in the district. School boards may require that students who are subject to suspension or expulsion attend these schools or programs as a condition of continued enrollment in the school district.

             (3) If students are required to wear uniforms in these programs or schools, school districts shall accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation.

             (4) Nothing in this section impairs or reduces in any manner whatsoever the authority of a board under other law to impose a dress and appearance code. However, if a board requires uniforms under such other authority, it shall accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation."


             Representatives Cooke and Dorn spoke in favor of the adoption of the amendment and it was adopted.


             Representative Shin moved adoption of the following amendment by Representative Shin:


             On page 44, after line 14, insert:

             "NEW SECTION. Sec. 215. A new section is added to chapter 28B.50 RCW to read as follows:

             The state board for community and technical colleges and the office of the superintendent of public instruction shall work cooperatively to establish a state-wide toll-free hotline to provide information to high school students who are at risk of dropping out or who have dropped out of a Washington state common school before obtaining a high school diploma. The hotline shall provide information on financial aid, adult education courses, general educational development programs, and basic skills programs available at community and technical colleges."


             Representative Shin spoke in favor of the adoption of the amendment.


             The Speaker divided the House. The results of the division were: 50-YEAS; 46-NAYS. The amendment was adopted.


             Representative J. Kohl moved adoption of the following amendment by Representative J. Kohl:


             On page 46, beginning on line 17, after "purpose." strike all material down to and including "dollars." on line 19 and insert "((The minimum annual grant amount per district or cooperative of districts shall be twenty thousand dollars.))"


             Representatives J. Kohl and Cooke spoke in favor of the adoption of the amendment and it was adopted.


             Representative Caver moved adoption of the following amendment by Representative Wineberry:


             On page 47, after line 36, insert the following:


             "F. COMMUNITY AND SCHOOL COLLABORATION PROGRAM


             NEW SECTION. Sec. 219. A new section is added to chapter 28A.630 RCW to read as follows:

             (1) To the extent funds are appropriated, the superintendent of public instruction shall grant funds to community and school collaboration projects that: integrate community support services in schools by placing community and school project coordinators at school sites; leverage and coordinate community resources in a nonduplicative, cost-effective, and accountable manner; and mobilize public and private resources to support youth and families.

             (2) Goals of the projects shall include at a minimum:

             (a) Reduction of the school drop-out rate;

             (b) Expansion of the use of schools as community centers and safe havens open outside of normal school hours;

             (c) Improvement in school-to-school transitions for preschool-aged students; and

             (d) Improvement in school-to-school and school-to-work transitions for at risk high school and college students.

             (3) Applications for project funding shall:

             (a) Define the community requesting funding;

             (b) Designate a lead agency or organization responsible for project management, describe the membership of the community project's board of advisors or governing entity, and provide evidence of written interagency agreements with existing youth service organizations to carry out project activities;

             (c) Contain a written agreement between a school district and the identified lead agency to implement a community and school collaboration project;

             (d) Document the active participation of public and private entities in the community, including the various communities of color, that are currently providing services to school-age children, including at a minimum, schools, law enforcement, local government, youth services agencies and organizations, job training organizations, mental health, and health care providers;

             (e) Identify the school, schools, or other sites to be used as the project sites;

             (f) Describe the services and activities that will be undertaken by the project, including identification of specific services for which funding is requested;

             (g) Describe the coordinated system for meeting the needs of students that the community will develop, including a description of how the proposed system will build upon existing services and existing community efforts to coordinate services for school-aged children;

             (h) Identify community matching funds that have been committed to the project; and

             (i) Describe the evaluation process, including a system to collect baseline data, developed to demonstrate the success of the project in achieving performance standards.

             (4) The superintendent shall award grants competitively. To the greatest extent practicable, grants shall be geographically distributed throughout the state.

             (5) Twenty-five percent of the funding for projects shall be community matching funds provided by private or public entities in the communities requesting funding.

             (6) Projects shall have an initial duration of two years. To the extent funding is available, projects may be renewed for an additional two years.


             NEW SECTION. Sec. 220. A new section is added to chapter 28A.630 RCW to read as follows:

             (1) The superintendent shall appoint a communities and schools collaboration task force. The task force shall: (a) Develop strategies to expand communities and school collaboration projects state-wide; (b) collect and share information regarding successful activities and outcomes in existing projects; and (c) set priorities for state-wide expansion of the program.

             (2) The task force shall include a representative of the superintendent of public instruction, the director of the department of community development, and the department of social and health services, and other individuals who have participated in successful community and school collaboration projects, including educators, health and human service providers, law enforcement officials, and other community leaders.


             NEW SECTION. Sec. 221. Sections 219 through 220 of this act shall expire June 30, 2000.


             NEW SECTION. Sec. 222. If specific funding for the purposes of sections 219 through 221 of this act, referencing sections 219 through 221 by bill number and section numbers, is not provided by June 30, 1994, in the omnibus appropriations act, sections 219 through 221 of this act are null and void."


             Representatives Wineberry and J. Kohl spoke in favor of the adoption of the amendment and Representative Dorn spoke against it.


             Representative Wineberry again spoke in favor of adoption of the amendment and it was not adopted.


             Representative Dunshee moved adoption of the following amendment by Representative Dunshee:


             On page 53, line 17, after "and" insert "appropriate committees of"


             Representative Dunshee spoke in favor of the adoption of the amendment and it was adopted.


             Representative Sommers moved adoption of the following amendment by Representatives Sommers and Wineberry:


             On page 53, after line 6, strike all of section 308 and insert the following:


             "NEW SECTION. Sec. 308. (1) An applicant selected for funding under this chapter shall provide the department information on program and participant accomplishments. The information shall be provided in progress and final reports as requested by the department.

             (2) The department shall prepare an initial evaluation report, which shall be made available to the governor and appropriate legislative committees, on or before December 1, 1995, on the progress of individual programs funded under this chapter. A final evaluation report shall be prepared on individual programs at the time of their completion. The final evaluation report shall include, but is not limited to, information on the effectiveness of the program, the status of program participants, and recommendations on program administration at the state and local level.


             NEW SECTION. Sec. 309. A new section is added to chapter 50.67 RCW to read as follows:

             In addition to its duties under this chapter, the Washington state job training coordinating council shall advise the employment security department and the department of community, trade, and economic development on the development and implementation of the Washington youthbuild program created under sections 302 through 308 of this act."

             On page 71, line 14, after "302 through" strike "307" and insert "308"

             On page 73, line 29, after "302 through" strike "307" and insert "308"


             Representative Sommers spoke in favor of the adoption of the amendment and it was adopted.


             Representative Schoesler moved adoption of the following amendment by Representative Schoesler:


             On page 53, after line 20, insert the following:


             "Sec. 309. RCW 49.12.121 and 1993 c 294 s 9 are each amended to read as follows:

             (1) The department may at any time inquire into wages, hours, and conditions of labor of minors employed in any trade, business, or occupation in the state of Washington and may adopt special rules for the protection of the safety, health, and welfare of minor employees. Minor employees enrolled in an approved vocational education program are permitted to operate equipment necessary for the occupation, trade, or industry as long as the minor has completed training on equipment that is similar to the equipment used in the occupation, trade, or industry. However, the rules may not limit the hours per day or per week, or other specified work period, that may be worked by minors who are emancipated by court order.

             (2) The department shall issue work permits to employers for the employment of minors, after being assured the proposed employment of a minor meets the standards for the health, safety, and welfare of minors as set forth in the rules adopted by the department. No minor person shall be employed in any occupation, trade, or industry subject to this 1973 amendatory act, unless a work permit has been properly issued, with the consent of the parent, guardian, or other person having legal custody of the minor and with the approval of the school which such minor may then be attending. However, the consent of a parent, guardian, or other person, or the approval of the school which the minor may then be attending, is unnecessary if the minor is emancipated by court order.

             (3) The minimum wage for minors shall be as prescribed in RCW 49.46.020."


POINT OF ORDER


             Representative King: I would ask for a ruling on the scope and object of the amendment by Representative Schoesler to Second Substitute House Bill No. 2319.


SPEAKER'S RULING


             Representative King, in ruling on your point of order the Speaker finds that Second Substitute House Bill No. 2319 is an act relating to the prevention of youth violence. It includes provisions for the prevention of child abuse and neglect, for community-based violence prevention programs, for school discipline and safety, and for job training programs for at-risk youth.

             While the bill is a broad one, encompassing youth violence prevention, it is not so broad as to encompass every topic dealing with minors. Amendment number 1111 offered by Representative Schoesler would add Title 49, labor regulations to the bill. It would amend the child labor laws to allow certain employees to operate some types of equipment while on the job. There appears to be no direct connection to at-risk youth or to the prevention of youth violence. The Speaker therefore finds that the proposed amendment does change the scope and object of the underlying bill and that the point of order is well taken.


             With the consent of the House, Representative Schoesler withdrew amendment number 1112 to Second Substitute House Bill No. 2319.


             Representative Schoesler moved adoption of the following amendment by Representative Schoesler:


             On page 53, after line 20, insert the following:

             "Sec 309. RCW 49.12.121 and 1993 c 294 s 9 are each amended to read as follows:

             (1) The department may at any time inquire into wages, hours, and conditions of labor of minors employed in any trade, business, or occupation in the state of Washington and may adopt special rules for the protection of the safety, health, and welfare of minor employees. However, the rules may not limit the hours per day or per week, or other specified work period, that may be worked by minors who are emancipated by court order.

             (2) The department shall issue work permits to employers for the employment of minors, after being assured the proposed employment of a minor meets the standards for the health, safety, and welfare of minors as set forth in the rules adopted by the department. No minor person shall be employed in any occupation, trade, or industry subject to *this 1973 amendatory act, unless a work permit has been properly issued, with the consent of the parent, guardian, or other person having legal custody of the minor and with the approval of the school which such minor may then be attending. However, the consent of a parent, guardian, or other person, or the approval of the school which the minor may then be attending, is unnecessary if the minor is emancipated by court order.

             (3) The department shall, during school weeks, allow an increase in the hours per day or per week, or other specified work period, that may be worked by minors during school weeks in relationship to the reduced number of mandatory school attendance days in a week.

             (4) The minimum wage for minors shall be as prescribed in RCW 49.46.020."


POINT OF ORDER


             Representative King: I would ask for a ruling on the scope and object of the amendment by Representative Schoesler to Second Substitute House Bill No. 2319.


SPEAKER'S RULING

             Representative King, in ruling on your point of order the Speaker finds that Second Substitute House Bill No. 2319 is an act relating to the prevention of youth violence. It includes provisions for the prevention of child abuse and neglect, for community-based violence prevention programs, for school discipline and safety, and for job training programs for at-risk youth.

             While the bill is a broad one, encompassing youth violence prevention, it is not so broad as to encompass every topic dealing with minors.

             Amendment number 1180 by Representative Schoesler also adds Title 49, labor regulations, to the bill. It would amend the child labor laws to restrict the authority of the Department of Labor and Industries to regulate work hours of minors during certain times of the year. The connection to at-risk youth, and the prevention of youth violence is tangential at best.

             The Speaker therefore finds that the proposed amendment does change the scope and object of the underlying bill and that the point of order is well taken.


POINT OF INQUIRY


             Representative Padden: Mr. Speaker, on your ruling I just want to make sure. Are you saying that having a job for youth does not have anything to do with youth violence?


             Mr. Speaker: Representative Padden, the amendment is not drawn to at-risk youth. It is much broader than that.


             Representative Wineberry moved adoption of the following amendment by Representative Wineberry:


             On page 63, line 26, after "communities." insert "In awarding the grants, the department shall give priority to programs in community empowerment zones as defined in section 310 of this act."


             Representative Wineberry spoke in favor of the adoption of the amendment and Representative Dorn spoke against it.


             Representative Wineberry again spoke in favor of the adoption of the amendment. The amendment was not adopted.


             Representative Ogden moved adoption of the following amendment by Representative Ogden :


             On page 70, after line 22, strike all of section 327 and insert:

             "NEW SECTION. Sec. 327. (1) For the period beginning July 1, 1994, the department of community, trade, and economic development may award grants and loans to eligible organizations for the development of facilities that provide housing and related supportive services for homeless, unaccompanied youth. As used in this section, "eligible organizations" means organizations eligible for assistance under chapter 43.185 RCW.

             (2) The requirements of RCW 43.185.050, 43.185.070, 43.185.080, 43.185.090, and 43.185.120 shall apply to grants or loans made under this section.

             (3) The department of community, trade, and economic development, in cooperation with the department of social and health services and department of health, shall develop a plan to address the housing and supportive service needs of homeless, unaccompanied youth using existing federal, state, and local resources and programs. In developing the housing and supportive services plan required under this subsection, the departments may consult with homeless youth service providers, homeless or at-risk youth, and low-income housing organizations.

             (4) This section shall expire July 1, 1995.


             Representatives Ogden, H. Myers and Wineberry spoke in favor of the adoption of the amendment and it was adopted.


             The bill was ordered engrossed. With the consent of the House, the rules were suspended, second reading considered the third, and the bill was placed on final passage.


             The Speaker stated the question before the House to be Final Passage of Engrossed Second Substitute House Bill No. 2319.


             The Speaker called upon Representative R. Meyers to preside.


             Representatives Appelwick, Leonard, Cothern, Patterson, Cooke, H. Myers, Carlson, Wineberry, Dorn, J. Kohl, Brown, Conway, Edmondson, Dunshee, B. Thomas and Sommers spoke in favor of passage of the bill.


             Representative Appelwick again spoke in favor of passage of the bill.


             Representatives Silver, Forner, Stevens and L. Thomas spoke against passage of the bill.


             The Speaker assumed the chair.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2319, and the bill passed the House by the following vote: Yeas - 78, Nays - 19, Absent - 0, Excused - 1.

             Voting yea: Representatives Anderson, Appelwick, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Caver, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dorn, Dunshee, Dyer, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Long, Mastin, Meyers, R., Moak, Morris, Myers, H., Ogden, Orr, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Scott, Sheldon, Shin, Sommers, Springer, Talcott, Thibaudeau, Thomas, B., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Wood, Zellinsky and Mr. Speaker - 78.

             Voting nay: Representatives Backlund, Ballard, Casada, Chandler, Edmondson, Foreman, Forner, Fuhrman, Lisk, McMorris, Mielke, Padden, Schoesler, Sehlin, Sheahan, Silver, Stevens, Tate and Thomas, L. - 19.

             Excused: Representative Riley - 1.


             Engrossed Second Substitute House Bill No. 2319, having received the constitutional majority, was declared passed.


             The Speaker declared the House to be at recess until 1:30 p.m.


AFTERNOON SESSION


             The Speaker called the House to order at 1:30 p.m.


             The Clerk called the roll and a quorum was present.


             There being no objection, the House advanced to the eighth order of business.


RESOLUTION


             HOUSE RESOLUTION NO. 94-4687, by Representatives Valle, Wineberry, Talcott, Rust, Silver, Jones, Cooke, Shin, Dyer, Holm, Cothern, L. Johnson, Veloria, Linville, Jacobsen, Caver, R. Meyers, Leonard, Long, Anderson, Eide, Dellwo, Tate, Roland, Kessler, G. Fisher, Wang, King, Reams, McMorris, Sommers, Grant, Thibaudeau, Appelwick, Rayburn, Chappell, Campbell, Conway, Patterson, Basich, Ogden and J. Kohl


             WHEREAS, Rosa Lee Parks, a hard working, law abiding African-American woman, one day became tired of having to give up her seat and move to the back of the bus simply because of her color; and

             WHEREAS, Rosa Parks demonstrated extraordinary courage in refusing to give up her seat for a caucasian passenger on December 1, 1955, in Montgomery, Alabama; and

             WHEREAS, Rosa Parks took a stand against segregation and provided the spark needed to light the fires of the civil rights movement across the United States; and

             WHEREAS, As a seamstress who also served from 1943 to 1956 as secretary of the Montgomery branch of the National Association for the Advancement of Colored People, Rosa Parks holds out to all people a shining example of what one person can do to improve the lives of others and even the life of the nation; and

             WHEREAS, The Montgomery bus boycott, launched after Rosa Parks' arrest and led by Dr. Martin Luther King, Jr., was a critical step in the awakening of the conscience of the nation and created an important opportunity for the emergence of Dr. King as one of the great moral leaders of the ages; and

             WHEREAS, Rosa Parks served for many years as an aide to Michigan Congressman John Conyers, Jr.; and

             WHEREAS, In 1987 Rosa Parks founded an institute dedicated to providing leadership and career training for young African-Americans; and

             WHEREAS, Rosa Parks has served the cause of justice and equality in countless ways both large and small, and once said she wanted to be remembered "as a person who wanted to be free and wanted others to be free";

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives, along with the people of the state of Washington, honor Rosa Lee Parks for her exemplary efforts in pursuit of this country's highest ideals, and recognize her outstanding achievements on behalf of all Americans; and

             BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Rosa Lee Parks and to the King Center in Atlanta, Georgia.


             Representative Valle moved adoption of the resolution. Representatives Valle, Caver, Silver, Talcott and Wineberry spoke in favor of the adoption of the resolution.


             House Resolution No. 4687 was adopted.


             There being no objection, the House reverted to the sixth order of business.


             With the consent of the House, the House began consideration of House Bill No. 2906 on the second reading calendar.


SECOND READING


             HOUSE BILL NO. 2906, by Representatives Appelwick, Ballasiotes, J. Kohl, Long, L. Johnson, Cooke, Thibaudeau, Lemmon, Morris, Caver, Jones and Dunshee

 

Relating to violence prevention.


             The bill was read the second time.


             On motion of Representative Valle, Substitute House Bill No. 2906 was substituted for House Bill No. 2906, and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2906 was read the second time.


             Representative Appelwick moved adoption of the following amendment by Representative Appelwick:


             Strike everything after the enacting clause and insert the following:


PART I - FIREARMS AND DANGEROUS WEAPONS


             Sec. 101. RCW 9.41.010 and 1992 c 205 s 117 and 1992 c 145 s 5 are each reenacted and amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) (("Short firearm" or)) "Firearm" means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

             (2) "Pistol" ((as used in this chapter)) means any firearm with a barrel less than twelve inches in length, and is designed to be held and fired by the use of a single hand.

             (((2))) (3) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

             (4) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches, but does not include such a rifle owned, possessed, or controlled in compliance with federal law.

             (5) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

             (6) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches, but does not include such a shotgun owned, possessed, or controlled in compliance with federal law.

             (7) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.

             (8) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

             (9) "Loaded" means:

             (a) There is a cartridge in the chamber of the firearm;

             (b) Bullets are in a clip that is locked in place in the firearm; or

             (c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver.

             (10) "Dealer" means a person engaged in the business of selling firearms at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(1). A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(1), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.

             (11) "Crime of violence" ((as used in this chapter)) means:

             (a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, rape in the second degree, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, burglary in the second degree, and robbery in the second degree;

             (b) Any conviction or adjudication for a felony offense in effect at any time prior to July 1, 1976, which is comparable to a felony classified as a crime of violence in ((subsection (2)))(a) of this ((section)) subsection; and

             (c) Any federal or out-of-state conviction or adjudication for an offense comparable to a felony classified as a crime of violence under ((subsection (2))) (a) or (b) of this ((section.

             (3) "Firearm" as used in this chapter means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

             (4) "Commercial seller" as used in this chapter means a person who has a federal firearms license)) subsection.


             Sec. 102. RCW 9.41.040 and 1992 c 205 s 118 and 1992 c 168 s 2 are each reenacted and amended to read as follows:

             (1) A person is guilty of the crime of unlawful possession of a ((short)) firearm ((or pistol,)) if((, having previously been convicted or, as a juvenile, adjudicated in this state or elsewhere of a crime of violence or of a felony in which a firearm was used or displayed,)) the person owns ((or)), has in his or her possession, or has in his or her control any ((short)) firearm ((or pistol)):

             (a) After having previously been convicted or, as a juvenile, adjudicated delinquent in this state or elsewhere of a crime of violence or of a felony in which a firearm was used or displayed, except as otherwise provided in subsection (4) of this section;

             (b) After having previously been convicted of or adjudicated delinquent for any felony violation of the uniform controlled substances act, chapter 69.50 RCW, or equivalent statutes of another jurisdiction, except as otherwise provided in subsection (4) of this section;

             (c) After having previously been convicted on three occasions of driving a motor vehicle or operating a vessel while under the influence of intoxicating liquor or any drug, unless his or her right to own, possess, or control a firearm has been restored as provided in section 104 of this act;

             (d) After having previously been committed for mental health treatment, either voluntarily for a period exceeding fourteen continuous days, or involuntarily under RCW 71.05.320, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to own, possess, or control a firearm has been restored as provided in section 104 of this act; or

             (e) If the person is under eighteen years of age, except as provided in section 103 of this act.

             (2) Unlawful possession of a ((short)) firearm ((or pistol shall be punished as)) is a class C felony, punishable under chapter 9A.20 RCW.

             (3) As used in this section, a person has been "convicted or adjudicated" at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. A person shall not be precluded from ownership, possession, or control of a firearm if the conviction or adjudication has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or adjudicated or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.

             (4) ((Except as provided in subsection (5) of this section, a person is guilty of the crime of unlawful possession of a short firearm or pistol if, after having been convicted or adjudicated of any felony violation of the uniform controlled substances act, chapter 69.50 RCW, or equivalent statutes of another jurisdiction, the person owns or has in his or her possession or under his or her control any short firearm or pistol.

             (5))) Notwithstanding subsection (1) of this section, a person convicted of an offense other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401(a) and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from ownership, possession, or control of a firearm as a result of the conviction.

             (((6)(a) A person who has been committed by court order for treatment of mental illness under RCW 71.05.320 or chapter 10.77 RCW, or equivalent statutes of another jurisdiction, may not possess, in any manner, a firearm as defined in RCW 9.41.010.

             (b) At the time of commitment, the court shall specifically state to the person under (a) of this subsection and give the person notice in writing that the person is barred from possession of firearms.

             (c) The secretary of social and health services shall develop appropriate rules to create an approval process under this subsection. The rules must provide for the immediate restoration of the right to possess a firearm upon a showing in a court of competent jurisdiction that a person no longer is required to participate in an inpatient or outpatient treatment program, and is no longer required to take medication to treat any condition related to the commitment. Unlawful possession of a firearm under this subsection shall be punished as a class C felony under chapter 9A.20 RCW.))

             (5) In addition to any other penalty provided for by law, if a person under the age of eighteen years is found by a court to have possessed a firearm in a vehicle in violation of subsection (1) of this section or to have committed an offense while armed with a firearm during which offense a motor vehicle served an integral function, the court shall notify the department of licensing within twenty-four hours and the person's privilege to drive shall be revoked under RCW 46.20.265.


             NEW SECTION. Sec. 103. A new section is added to chapter 9.41 RCW to read as follows:

             RCW 9.41.040(1)(e) shall not apply to any person under the age of eighteen years who is:

             (1) In attendance at a hunter's safety course or a firearms safety course;

             (2) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;

             (3) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;

             (4) Hunting or trapping under a valid license issued to the person under Title 77 RCW;

             (5) In an area where the discharge of a firearm is permitted, is not trespassing, and the person either: (a) Is at least fifteen years of age, has been issued a hunter safety certificate, and is using a lawful firearm other than a pistol; or (b) is under the supervision of a parent, guardian, or other adult approved for the purpose by the parent or guardian;

             (6) Traveling with any unloaded firearm in the person's possession to or from any activity described in subsection (1), (2), (3), (4), or (5) of this section;

             (7) On real property under the control of his or her parent, other relative, or legal guardian and who has the permission of the parent or legal guardian to possess a firearm;

             (8) At his or her residence and who, with the permission of his or her parent or legal guardian, possesses a firearm for the purpose of exercising the rights specified in RCW 9A.16.020(3); or

             (9) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty.


             NEW SECTION. Sec. 104. A new section is added to chapter 9.41 RCW to read as follows:

             (1)(a) At the time a person is convicted of, or adjudicated delinquent for, an offense making the person ineligible to own, possess, or control a firearm, or at the time a person is committed by court order under RCW 71.05.320 or chapter 10.77 RCW for mental health treatment, the convicting or committing court shall notify the person, orally and in writing, that the person may not own, possess, or control a firearm unless his or her right to do so is restored by a court of record.

             The convicting or committing court also shall forward a copy of the person's driver's license or identicard, or comparable information, to the department of licensing, along with the date of conviction or commitment.

             (b) Upon the expiration of fourteen days of treatment of a person voluntarily committed, if the period of voluntary commitment is to continue, the institution, hospital, or sanitarium shall notify the person, orally and in writing, that the person may not own, possess, or control a firearm unless his or her right to do so is restored by a court of record.

             Following fourteen continuous days of treatment, the institution, hospital, or sanitarium also shall forward a copy of the person's driver's license or identicard, or comparable information, to the department of licensing, along with the date of voluntary commitment.

             (2) Upon receipt of the information provided for by subsection (1) of this section, the department of licensing shall determine if the convicted or committed person has a concealed pistol license. If the person does have a concealed pistol license, the department of licensing shall immediately notify the license-issuing authority.

             (3) A person who is prohibited from owning, possessing, or having in his or her control a firearm by reason of having previously been convicted on three occasions of driving a motor vehicle or operating a vessel while under the influence of intoxicating liquor or any drug may, after five continuous years without further conviction for any alcohol-related offense, petition a court record to have his or her right to own, possess, or control a firearm restored.

             (4)(a) A person who is prohibited from owning, possessing, or having in his or her control a firearm, by reason of having been either:

             (i) Voluntarily committed for mental health treatment for a period exceeding fourteen continuous days; or

             (ii) Involuntarily committed for mental health treatment under RCW 71.05.320, chapter 10.77 RCW, or equivalent statutes of another jurisdiction,

may, upon discharge, petition a court of record to have his or her right to own, possess, or control a firearm restored.

             (b) At a minimum, a petition under this subsection (4) shall include the following:

             (i) The fact, date, and place of commitment;

             (ii) The place of treatment;

             (iii) The fact and date of release from commitment;

             (iv) A certified copy of the most recent order, if one exists, of commitment, with the findings of fact and conclusions of law; and

             (v) A statement by the person that he or she is no longer required to participate in an inpatient or outpatient treatment program, is no longer required to take medication to treat any condition related to the commitment, and does not present a substantial danger to himself or herself, to others, or to the public safety.

             (c) A person petitioning the court under this subsection (4) shall bear the burden of proving by a preponderance of the evidence that the circumstances resulting in the commitment no longer exist and are not reasonably likely to recur.


             NEW SECTION. Sec. 105. A new section is added to chapter 9.41 RCW to read as follows:

             Except as provided in section 104(4)(b)(iii) of this act, the department of licensing and the license-issuing authority shall hold the information provided for by section 104(1) of this act confidential, and shall use the information solely to determine the person's eligibility to own, possess, control, or purchase a firearm, or eligibility for a concealed pistol license.


             Sec. 106. RCW 9.41.045 and 1991 c 221 s 1 are each amended to read as follows:

             As a sentence condition and requirement, offenders under the supervision of the department of corrections pursuant to chapter 9.94A RCW shall not own, use, or possess firearms ((or ammunition)). In addition to any penalty imposed pursuant to RCW 9.41.040 when applicable, offenders found to be in actual or constructive possession of firearms ((or ammunition)) shall be subject to the appropriate violation process and sanctions as provided for in RCW 9.94A.200. Firearms ((or ammunition)) owned, used, or possessed by offenders may be confiscated by community corrections officers and turned over to the Washington state patrol for disposal as provided in RCW 9.41.098.


             Sec. 107. RCW 9.41.050 and 1982 1st ex.s. c 47 s 3 are each amended to read as follows:

             (1) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed weapon.

             (2) A person who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.

             (3) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed weapon and: (a) The pistol is on the licensee's person, (b) the licensee is within the vehicle at all times that the pistol is there, or (c) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.

             (4) Except as otherwise provided in this section, no person at least twenty-one years of age may carry a firearm unless it is unloaded and enclosed in an opaque case or secure wrapper and the person is:

             (a) Licensed under RCW 9.41.070 to carry a concealed pistol and the firearm is a pistol;

             (b) In attendance at a hunter's safety course or a firearms safety course;

             (c) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;

             (d) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;

             (e) Hunting or trapping under a valid license issued to the person under Title 77 RCW;

             (f) In an area where the discharge of a firearm is permitted, and is not trespassing;

             (g) Travelling with any firearm in the person's possession to or from any activity described in (b), (c), (d), (e), or (f) of this subsection, except as provided in (h) of this subsection;

             (h) Travelling in a motor vehicle with a firearm, other than a pistol, that is unloaded and locked in the trunk or other compartment of the vehicle, secured in a gun rack, or otherwise secured in place in a vehicle;

             (i) On real property under the control of the person or a relative of the person;

             (j) At his or her residence;

             (k) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty; or

             (l) Is a law enforcement officer, when on duty.

             (5) Unless an exception under section 103 of this act applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:

             (a) In the person's place of abode;

             (b) At the person's fixed place of business; or

             (c) On real property under his or her control.

             (6) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.


             Sec. 108. RCW 9.41.060 and 1961 c 124 s 5 are each amended to read as follows:

             The provisions of RCW 9.41.050 shall not apply to:

             (1) Marshals, sheriffs, prison or jail wardens or their deputies, ((policemen)) or other law enforcement officers((, or to));

             (2) Law enforcement officers retired for service or retired for physical disability;

             (3) Members of the ((army, navy or marine corps)) armed forces of the United States or of the national guard or organized reserves, when on duty((, or to));

             (4) Officers or employees of the United States duly authorized to carry a concealed pistol;

             (5) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;

             (6) Regularly enrolled members of any organization duly authorized to purchase or receive ((such weapons)) pistols from the United States or from this state((, or to));

             (7) Regularly enrolled members of clubs organized for the purpose of target shooting ((or)), when those members are at or are going to or from their places of target practice;

             (8) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting ((or to)), when those members are at or are going to or from their collector's gun shows and exhibits;

             (9) Individual hunters((: PROVIDED, Such members are at, or are going to or from their places of target practice, or their collector's gun shows and exhibits, or are on a hunting, camping or fishing trip, or to officers or employees of the United States duly authorized to carry a concealed pistol, or to any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in his possession, using, or carrying a pistol in the usual or ordinary course of such business, or to)) when on a hunting, camping, or fishing trip; or

             (10) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper ((from the place of purchase to his home or place of business or to a place of repair or back to his home or place of business or in moving from one place of abode or business to another)).


             Sec. 109. RCW 9.41.070 and 1992 c 168 s 1 are each amended to read as follows:

             (1) The judge of a court of record, the chief of police of a municipality, or the sheriff of a county, shall within thirty days after the filing of an application of any person issue a license to such person to carry a pistol concealed on his or her person within this state for four years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. The issuing authority shall accept applications for concealed pistol licenses during normal business hours.

             ((Such)) The applicant's constitutional right to bear arms shall not be denied, unless he or she:

             (a) Is ineligible to own a ((pistol)) firearm under the provisions of RCW 9.41.040; ((or))

             (b) Is under twenty-one years of age; ((or))

             (c) Has failed to present evidence of competence with a pistol. Any of the following items shall suffice as evidence of competence with a pistol:

             (i) Evidence of completion of a hunter education or hunter safety course approved by the department of fish and wildlife or a similar agency of another state if pistol safety was a component of the course;

             (ii) Evidence of completion of a national rifle association firearm safety training course if pistol safety was a component of the course;

             (iii) Evidence of completion of a firearm safety training course conducted by a firearm instructor certified by a law enforcement agency or the national rifle association if pistol safety was a component of the course;

             (iv) Evidence of completion of a firearm safety training course offered by the criminal justice training commission for security guards, investigators, or law enforcement officers, if pistol safety was a component of the course;

             (v) Evidence of equivalent experience with a pistol through participation in organized shooting competition or military experience. A determination by the issuing authority whether an applicant has had equivalent experience shall be conclusive; or

             (vi) Evidence of a satisfactory score on a written test, approved by the department of fish and wildlife and administered by a local law enforcement agency, taken in lieu of a firearm safety training course. The test shall cover the safe storage, handling, and use of pistols, and laws concerning firearms, including the legal use of deadly force. A law enforcement agency may charge a fee sufficient to defray the costs of administering the test.

             This subsection (1)(c) does not apply to applicants for license renewals;

             (d) Is subject to a court order or injunction regarding firearms pursuant to RCW 10.99.040, 10.99.045, ((or)) 26.09.060, or 26.10.115; ((or

             (d))) (e) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime of violence; ((or

             (e))) (f) Has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; ((or

             (f))) (g) Has been ordered to forfeit a firearm under RCW 9.41.098(1)(d) within one year before filing an application to carry a pistol concealed on his or her person; or

             (((g))) (h)(i) Has been convicted or as a juvenile adjudicated delinquent of any ((of the following offenses: Assault in the third degree, indecent liberties, malicious mischief in the first degree, possession of stolen property in the first or second degree, or theft in the first or second degree. Any)) crime against a child or other person listed in RCW 43.43.830(5).

             (ii) Except as provided in (h)(iii) of this subsection, any person who becomes ineligible for a concealed pistol permit as a result of a conviction for a crime listed in ((this subsection (1)(g))) (h)(i) of this subsection and then successfully completes all terms of his or her sentence, as evidenced by a certificate of discharge issued under RCW 9.94A.220 in the case of a sentence under chapter 9.94A RCW, and has not again been convicted of any crime and is not under indictment for any crime, may, one year or longer after such successful sentence completion, petition ((the district)) a court of record for a declaration that the person is no longer ineligible for a concealed pistol permit under ((this subsection (1)(g))) (h)(i) of this subsection.

             (iii) No person convicted of a crime of violence as defined in RCW 9.41.010 may have his or her right to own, possess, or control firearms restored, unless the person has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c), or RCW 9.41.040(4) applies.

             (2) The issuing authority shall check with the Washington state patrol electronic data base, the department of social and health services electronic data base, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 to own, possess, or control a pistol and therefore ineligible for a concealed pistol license. This subsection applies whether the applicant is applying for a new concealed pistol license or to renew a concealed pistol license.

             (3) Any person whose firearms rights have been restricted and who has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20)(A) shall have his or her right to acquire, receive, transfer, ship, transport, carry, and possess firearms in accordance with Washington state law restored except as otherwise prohibited by this chapter.

             (((3) The license shall be revoked by the issuing authority immediately upon conviction of a crime which makes such a person ineligible to own a pistol or upon the third conviction for a violation of this chapter within five calendar years.

             (4) Upon an order to forfeit a firearm under RCW 9.41.098(1)(d) the issuing authority shall:

             (a) On the first forfeiture, revoke the license for one year;

             (b) On the second forfeiture, revoke the license for two years;

             (c) On the third or subsequent forfeiture, revoke the license for five years.

Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)(d) may not reapply for a new license until the end of the revocation period. The issuing authority shall notify, in writing, the department of licensing upon revocation of a license. The department of licensing shall record the revocation.

             (5))) (4) The license shall be in triplicate, in form to be prescribed by the department of licensing, and shall bear the name, address, and description, fingerprints, and signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. A signed application for a concealed pistol license shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for a concealed pistol license to an inquiring court or law enforcement agency.

             The license application shall contain a warning substantially as follows:

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.


             The license application shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law. The application shall contain questions about the applicant's eligibility under RCW 9.41.040 to own, possess, or control a pistol, the applicant's place of birth, whether the applicant is a United States citizen, and if not a citizen whether the applicant has declared the intent to become a citizen and whether he or she has been required to register with the state or federal government and any identification or registration number, if applicable. The applicant shall not be required to produce a birth certificate or other evidence of citizenship. An applicant who is not a citizen shall provide documentation showing resident alien status and the applicant's intent to become a citizen. ((A person who makes a false statement regarding citizenship on the application is guilty of a misdemeanor.)) A person who is not a citizen of the United States, or has not declared his or her intention to become a citizen shall meet the additional requirements of RCW 9.41.170.

             The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent by registered mail to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing said license.

             (((6))) (5) The fee for the original issuance of a four-year license shall be ((twenty-three)) sixty-five dollars((: PROVIDED, That)). No other ((additional charges by any)) branch or unit of government ((shall be borne by)) may impose any additional charges on the applicant for the issuance of the license((: PROVIDED FURTHER, That)). The fee shall be distributed as follows:

             (a) ((Four)) Twenty-five dollars shall be paid to the state general fund;

             (b) ((Four)) Ten dollars shall be paid to the agency taking the fingerprints of the person licensed;

             (c) ((Twelve)) Twenty dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and

             (d) ((Three)) Ten dollars to the firearms range account in the general fund.

             (((7))) (6) The fee for the renewal of such license shall be ((fifteen)) fifty-five dollars((: PROVIDED, That)). No other ((additional charges by any)) branch or unit of government ((shall be borne by)) may impose any additional charges on the applicant for the renewal of the license((: PROVIDED FURTHER, That)). The renewal fee shall be distributed as follows:

             (a) ((Four)) Twenty-five dollars shall be paid to the state general fund;

             (b) ((Eight)) Twenty dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and

             (c) ((Three)) Ten dollars to the firearms range account in the general fund.

             (((8))) (7) Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the issuing authority.

             (((9))) (8) A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty of ((ten)) twenty dollars in addition to the renewal fee specified in subsection (((7))) (6) of this section. The fee shall be distributed as follows:

             (a) ((Three)) Ten dollars shall be deposited in the state wildlife fund and used exclusively for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law. The pamphlet shall be given to each applicant for a license; and

             (b) ((Seven)) Ten dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.

             (((10))) (9) Notwithstanding the requirements of subsections (1) through (((9))) (8) of this section, the chief of police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section.

             (((11))) (10) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section. ((A civil suit may be brought to enjoin a wrongful refusal to issue a license or a wrongful modification of the requirements of this section or chapter. The civil suit may be brought in the county in which the application was made or in Thurston county at the discretion of the petitioner. Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded costs, including reasonable attorneys' fees, incurred in connection with such legal action.))

             (11) A person who knowingly makes a false statement regarding citizenship or identity on an application for a concealed pistol license is guilty of false swearing under RCW 9A.72.040. In addition to any other penalty provided for by law, the concealed pistol license of a person who knowingly makes a false statement shall be revoked, and the person shall be permanently ineligible for a concealed pistol license.


             NEW SECTION. Sec. 110. A new section is added to chapter 9.41 RCW to read as follows:

             (1) The license shall be revoked by the license-issuing authority immediately upon:

             (a) Discovery by the issuing authority that the person was ineligible under RCW 9.41.070 for a concealed pistol license when applying for the license or license renewal;

             (b) Conviction of the licensee of an offense, or commitment of the licensee for mental health treatment, that makes a person ineligible under RCW 9.41.040 to own, possess, or control a firearm;

             (c) Conviction of the licensee for a third violation of this chapter within five calendar years; or

             (d) An order that the licensee forfeit a firearm under RCW 9.41.098(1)(d).

             (2)(a) Unless the person may lawfully possess a pistol without a concealed pistol license, an ineligible person to whom a concealed pistol license was issued shall, within fourteen days of license revocation, lawfully transfer ownership of any pistol acquired while the person was in possession of the license.

             (b) Upon discovering a person issued a concealed pistol license was ineligible for the license, the issuing authority shall contact the department of licensing to determine whether the person purchased a pistol while in possession of the license. If the person did purchase a pistol while in possession of the concealed pistol license, if the person may not lawfully possess a pistol without a concealed pistol license, the issuing authority shall require the person to present satisfactory evidence of having lawfully transferred ownership of the pistol. The issuing authority shall require the person to produce the evidence within fifteen days of the revocation of the license.

             (3) When a licensee is ordered to forfeit a firearm under RCW 9.41.098(1)(d), the issuing authority shall:

             (a) On the first forfeiture, revoke the license for one year;

             (b) On the second forfeiture, revoke the license for two years; or

             (c) On the third or subsequent forfeiture, revoke the license for five years.

             Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)(d) may not reapply for a new license until the end of the revocation period.

             (4) The issuing authority shall notify, in writing, the department of licensing of the revocation of a license. The department of licensing shall record the revocation.


             Sec. 111. RCW 9.41.080 and 1935 c 172 s 8 are each amended to read as follows:

             No person shall deliver a ((pistol)) firearm to any person ((under the age of twenty-one or to one)) who he or she has reasonable cause to believe ((has been convicted of a crime of violence, or is a drug addict, an habitual drunkard, or of unsound mind)) is ineligible under RCW 9.41.040 to own, possess, or control a firearm. Any person violating this section is guilty of a class C felony, punishable under chapter 9A.20 RCW.


             Sec. 112. RCW 9.41.090 and 1988 c 36 s 2 are each amended to read as follows:

             (1) In addition to the other requirements of this chapter, no ((commercial seller shall)) dealer may deliver a pistol to the purchaser thereof until:

             (a) The purchaser produces a valid concealed pistol license and the ((commercial seller)) dealer has recorded the purchaser's name, license number, and issuing agency, such record to be made in triplicate and processed as provided in subsection (((4))) (5) of this section; ((or))

             (b) The ((seller)) dealer is notified in writing by the chief of police of the municipality or the sheriff of the county that the purchaser ((meets the requirements of)) is eligible to possess a pistol under RCW 9.41.040 and that the application to purchase is granted. However, if the purchaser is under twenty-one years of age, the dealer shall deliver the pistol to the purchaser unloaded and securely wrapped; or

             (c) Five ((consecutive)) business days ((including Saturday, Sunday and holidays)), meaning days on which state offices are open, have elapsed from the time of receipt of the application for the purchase thereof as provided herein by the chief of police or sheriff designated in subsection (((4))) (5) of this section, and, when delivered, said pistol shall be securely wrapped and shall be unloaded. However, if the purchaser does not have a valid permanent Washington driver's license or state identification card or has not been a resident of the state for the previous consecutive ninety days, the waiting period under this subsection (1)(c) shall be up to sixty days.

             (2)(a) Except as provided in (b) of this subsection, in determining whether the purchaser meets the requirements of RCW 9.41.040, the chief of police or sheriff, or the designee of either, shall check with the Washington state patrol electronic data base, the department of social and health services electronic data base, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 to own, possess, or control a pistol.

             (b) Once the system is established, a dealer shall use the national instant criminal background check system, provided for by the Brady Handgun Control Act (H.R. 1025, 103rd Cong., 1st Sess. (1993)), to make criminal background checks of applicants to purchase pistols. However, a chief of police or sheriff, or a designee of either, shall continue to check the department of social and health services' electronic data base and with other agencies or resources as appropriate, to determine whether applicants are ineligible under RCW 9.41.040 to own, possess, or control a pistol.

             (c) Information obtained under this subsection (2) shall be used exclusively to determine the eligibility of a person to own, possess, or control a pistol, and shall not be made available for public inspection except by the person who is the subject of the information.

             (3) In any case under subsection (1)(c) of this section where the applicant has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor, the ((seller)) dealer shall hold the delivery of the pistol until the warrant for arrest is served and satisfied by appropriate court appearance. The local jurisdiction for purposes of the sale shall confirm the existence of outstanding warrants within seventy-two hours after notification of the application to purchase a pistol is received. The local jurisdiction shall also immediately confirm the satisfaction of the warrant on request of the ((seller)) dealer so that the hold may be released if the warrant was for ((a crime other than a crime of violence)) an offense other than an offense making a person ineligible under RCW 9.41.040 to possess a pistol.

             (((3))) (4) In any case where the chief or sheriff of the local jurisdiction has reasonable grounds based on the following circumstances: (a) Open criminal charges, (b) pending criminal proceedings, (c) pending commitment proceedings, (d) an outstanding warrant for ((a crime of violence, or (e) an arrest for a crime of violence)) an offense making a person ineligible under RCW 9.41.040 to possess a pistol, or (e) an arrest for an offense making a person ineligible under RCW 9.41.040 to possess a pistol, if the records of disposition have not yet been reported or entered sufficiently to determine eligibility to purchase a pistol, the local jurisdiction may hold the sale and delivery of the pistol beyond five days up to thirty days in order to confirm existing records in this state or elsewhere. After thirty days, the hold will be lifted unless an extension of the thirty days is approved by a local district court or municipal court for good cause shown. An applicant shall be notified of each hold placed on the sale by local law enforcement and of any application to the court for additional hold period to confirm records or confirm the identity of the applicant.

             (((4))) (5) At the time of applying for the purchase of a pistol, the purchaser shall sign in triplicate and deliver to the ((seller)) dealer an application containing his or her full name, address, place of birth, and the date and hour of the application; the applicant's driver's license number or state identification card number; and a description of the weapon including, the make, model, caliber and manufacturer's number; and a statement that the purchaser is eligible to own a pistol under RCW 9.41.040.

             The application shall contain a warning substantially as follows:

 

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. State permission to purchase a firearm is not a defense to a federal prosecution.


             The purchaser shall be given a copy of the department of fish and wildlife pamphlet on the legal limits of the use of firearms, firearms safety, and the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law.

             The ((seller)) dealer shall, by the end of the business day, sign and attach his or her address and deliver the original of the application and such other documentation as required under subsection (1) of this section to the chief of police of the municipality or the sheriff of the county of which the ((seller)) dealer is a resident. The ((seller)) dealer shall deliver the pistol to the purchaser following the period of time specified in this section unless the ((seller)) dealer is notified in writing by the chief of police of the municipality or the sheriff of the county, whichever is applicable, denying the purchaser's application to purchase and the grounds thereof. The application shall not be denied unless the purchaser fails to meet the requirements specified in RCW 9.41.040. ((The chief of police of the municipality or the county sheriff shall maintain a file containing the original of the application to purchase a pistol.))

             The chief of police of the municipality or the sheriff of the county shall retain or destroy applications to purchase a pistol in accordance with the requirements of 18 U.S.C. Sec. 922.

             (6) A person who knowingly makes a false statement regarding identity or eligibility requirements on the application to purchase a pistol is guilty of false swearing under RCW 9A.72.040.

             (7) This section does not apply to sales to licensed dealers for resale or to the sale of antique firearms.


             NEW SECTION. Sec. 113. A new section is added to chapter 9.41 RCW to read as follows:

             A signed application to purchase a pistol shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release, to an inquiring court or law enforcement agency, information relevant to the applicant's eligibility to purchase a pistol to an inquiring court or law enforcement agency.


             NEW SECTION. Sec. 114. A new section is added to chapter 9.41 RCW to follow RCW 9.41.097 to read as follows:

             (1) The state, local governmental entities, any public or private agency, and the employees of any state or local governmental entity or public or private agency, acting in good faith, are immune from liability:

             (a) For failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful;

             (b) For preventing the sale or transfer of a firearm to a person who may lawfully receive or possess a firearm;

             (c) For issuing a concealed pistol license to a person ineligible for such a license;

             (d) For failing to issue a concealed pistol license to a person eligible for such a license;

             (e) For revoking or failing to revoke an issued concealed pistol license; or

             (f) For errors in preparing or transmitting information as part of determining a person's eligibility to receive or possess a firearm, or eligibility for a concealed pistol license.

             (2) A suit may be brought for a writ of mandamus:

             (a) Directing an issuing agency to issue a concealed pistol license wrongfully refused; or

             (b) Directing that erroneous information resulting either in the wrongful refusal to issue a concealed pistol license or in the wrongful denial of a purchase application be corrected.

             The suit may be brought in the county in which the application for a concealed pistol license or to purchase a pistol was made, or in Thurston county, at the discretion of the petitioner. A person who prevails against a public agency in a suit brought under this subsection (2) shall be awarded reasonable attorneys' fees and costs.


             Sec. 115. RCW 9.41.098 and 1993 c 243 s 1 are each amended to read as follows:

             (1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:

             (a) Found concealed on a person not authorized by RCW 9.41.060 or 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee;

             (b) Commercially sold to any person without an application as required by RCW 9.41.090;

             (c) Found in the possession of a person prohibited from possessing the firearm under RCW 9.41.040;

             (d) Found in the possession or under the control of a person at the time the person committed or was arrested for committing a crime of violence or a crime in which a firearm was used or displayed or a felony violation of the Uniform Controlled Substances Act, chapter 69.50 RCW;

             (((d))) (e) Found concealed on a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, ((having 0.10 grams or more of alcohol per two hundred ten liters of breath or 0.10 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's breath, blood, or other bodily substance)) as defined in chapter 46.61 RCW;

             (((e) Found in the possession of a person prohibited from possessing the firearm under RCW 9.41.040;))

             (f) Found in the possession of a person free on bail or personal recognizance pending trial, appeal, or sentencing for a crime of violence or a crime in which a firearm was used or displayed, except that violations of Title 77 RCW shall not result in forfeiture under this section;

             (g) Found in the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 RCW;

             (h) Known to have been used or displayed by a person in the violation of a proper written order of a court of general jurisdiction; or

             (i) Known to have been used in the commission of a crime of violence or a crime in which a firearm was used or displayed or a felony violation of the ((Uniformed [Uniform])) Uniform Controlled Substances Act, chapter 69.50 RCW.

             (2) Upon order of forfeiture, the court in its discretion shall order destruction of any firearm that is illegal for any person to possess. A court may temporarily retain forfeited firearms needed for evidence.

             (a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer needed for evidence; or (ii) forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010; may be disposed of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be retained by the legislative authority. This subsection (2)(a) applies only to firearms that come into the possession of the law enforcement agency after June 30, 1993, and applies only if the law enforcement agency has complied with (b) of this subsection.

             By midnight, June 30, 1993, every law enforcement agency shall prepare an inventory, under oath, of every firearm that has been judicially forfeited, has been seized and may be subject to judicial forfeiture, or that has been, or may be, forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010.

             (b) Except as provided in (c) of this subsection, of the inventoried firearms a law enforcement agency shall destroy illegal firearms, may retain a maximum of ten percent of legal forfeited firearms for agency use, and shall either:

             (i) Comply with the provisions for the auction of firearms in RCW 9.41.098 that were in effect immediately preceding May 7, 1993; or

             (ii) Trade, auction, or arrange for the auction of, rifles and shotguns. In addition, the law enforcement agency shall either trade, auction, or arrange for the auction of, short firearms, or shall pay a fee of twenty-five dollars to the state treasurer for every short firearm neither auctioned nor traded, to a maximum of fifty thousand dollars. The fees shall be accompanied by an inventory, under oath, of every short firearm listed in the inventory required by (a) of this subsection, that has been neither traded nor auctioned. The state treasurer shall credit the fees to the firearms range account established in RCW 77.12.720. All trades or auctions of firearms under this subsection shall be to ((commercial sellers)) licensed dealers. Proceeds of any auction less costs, including actual costs of storage and sale, shall be forwarded to the firearms range account established in RCW 77.12.720.

             (c) Antique firearms ((as defined by RCW 9.41.150)) and firearms recognized as curios, relics, and firearms of particular historical significance by the United States treasury department bureau of alcohol, tobacco, and firearms are exempt from destruction and shall be disposed of by auction or trade to ((commercial sellers)) licensed dealers.

             (d) Firearms in the possession of the Washington state patrol on or after May 7, 1993, that are judicially forfeited and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63.35.020, must be disposed of as follows: (i) Firearms illegal for any person to possess must be destroyed; (ii) the Washington state patrol may retain a maximum of ten percent of legal firearms for agency use; and (iii) all other legal firearms must be auctioned or traded to ((commercial sellers)) licensed dealers. The Washington state patrol may retain any proceeds of an auction or trade.

             (3) The court shall order the firearm returned to the owner upon a showing that there is no probable cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture.

             (4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as provided in subsection (1) of this section; or (c) to the owner if the proceedings are dismissed or as directed in subsection (3) of this section.


             Sec. 116. RCW 9.41.100 and 1935 c 172 s 10 are each amended to read as follows:

             ((No retail)) Every dealer shall ((sell or otherwise transfer, or expose for sale or transfer, or have in his possession with intent to sell, or otherwise transfer, any pistol without being)) be licensed as ((hereinafter)) provided in RCW 9.41.110 and shall register with the department of revenue as provided in chapters 82.04 and 82.32 RCW.


             Sec. 117. RCW 9.41.110 and 1979 c 158 s 2 are each amended to read as follows:

             The duly constituted licensing authorities of any city, town, or political subdivision of this state shall grant licenses in forms prescribed by the director of licensing effective for not more than one year from the date of issue permitting the licensee to sell ((pistols)) firearms within this state subject to the following conditions, for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in RCW 9.41.010 through 9.41.160 (as recodified by this act). A licensing authority shall forward a copy of each license granted to the department of licensing. The department of licensing shall notify the department of revenue of the name and address of each dealer licensed under this section.

             (1)(a) A licensing authority shall, within thirty days after the filing of an application of any person for a dealer's license, determine whether to grant the license. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card, or has not been a resident of the state for the previous consecutive ninety days, the licensing authority shall have up to sixty days to determine whether to issue a license. No person shall qualify for a license under this section without first receiving a federal firearms license and undergoing fingerprinting and a background check. In addition, no person ineligible to possess a firearm under RCW 9.41.040 or ineligible for a concealed pistol license under RCW 9.41.070 shall qualify for a dealer's license.

             (b) A dealer shall require every employee who may sell a firearm in the course of his or her employment to undergo fingerprinting and a background check. An employee must be eligible to own, possess, or control a firearm, and eligible for a concealed pistol license, before being permitted to sell a firearm. Every employee shall comply with requirements concerning purchase applications and restrictions on delivery of pistols that are applicable to dealers.

             (2)(a) Except as otherwise provided in (b) of this subsection, the business shall be carried on only in the building designated in the license. For the purpose of this section, advertising firearms for sale shall not be considered the carrying on of business.

             (((2))) (b) A dealer may conduct business temporarily at a location other than the building designated in the license, if the temporary location is within Washington state and is the location of a gun show sponsored by a national, state, or local organization, or an affiliate of any such organization, devoted to the collection, competitive use, or other sporting use of firearms in the community. Nothing in this subsection (2)(b) authorizes a dealer to conduct business in or from a motorized or towed vehicle.

             In conducting business temporarily at a location other than the building designated in the license, the dealer shall comply with all other requirements imposed on dealers by RCW 9.41.090, 9.41.100, and 9.41.110. The license of a dealer who fails to comply with the requirements of RCW 9.41.080, 9.41.090, and 9.41.110(4) while conducting business at a temporary location shall be revoked, and the dealer shall be permanently ineligible for a dealer's license.

             (3) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises in the area where firearms are sold, or at the temporary location, where it can easily be read.

             (((3))) (4)(a) No pistol shall be sold (((a))): (i) In violation of any provisions of RCW 9.41.010 through 9.41.160((,)) (as recodified by this act); nor (((b))) (ii) shall a pistol be sold under any circumstances unless the purchaser is personally known to the ((seller)) dealer or shall present clear evidence of his or her identity.

             (((4))) (b) A dealer who knowingly sells or delivers any firearm in violation of RCW 9.41.080 is guilty of a class C felony. In addition to any other penalty provided for by law, the dealer is subject to mandatory permanent revocation of his or her dealer's license and permanent ineligibility for a dealer's license.

             (5)(a) A true record in triplicate shall be made of every pistol sold, in a book kept for the purpose, the form of which may be prescribed by the director of licensing and shall be personally signed by the purchaser and by the person effecting the sale, each in the presence of the other, and shall contain the date of sale, the caliber, make, model and manufacturer's number of the weapon, the name, address, occupation, ((color)) and place of birth of the purchaser and a statement signed by the purchaser that he ((has never been convicted in this state or elsewhere of a crime of violence)) or she is not ineligible under RCW 9.41.040 to possess a firearm.

             (b) One copy shall within six hours be sent by ((registered)) certified mail to the chief of police of the municipality or the sheriff of the county of which the dealer is a resident; the duplicate the dealer shall within seven days send to the director of licensing; the triplicate the dealer shall retain for six years.

             (((5))) (6) Subsections (2) through (5) of this section shall not apply to sales at wholesale.

             (((6))) (7) The dealer's licenses authorized to be issued by this section are general licenses covering all sales by the licensee within the effective period of the licenses.

             (((7))) (8) Except as provided in RCW 9.41.090 ((as now or hereinafter amended)), every city, town and political subdivision of this state is prohibited from requiring the purchaser to secure a permit to purchase or from requiring the dealer to secure an individual permit for each sale.

             The fee paid for issuing said license shall be ((five)) twenty-five dollars which fee shall be paid into the state treasury.


             NEW SECTION. Sec. 118. A new section is added to chapter 9.41 RCW to read as follows:

             The department of licensing may keep copies of purchasing applications or records of pistol transfers. The applications or records shall be exempt from public disclosure except as provided in RCW 42.17.318.


             NEW SECTION. Sec. 119. A new section is added to chapter 9.41 RCW to read as follows:

             (1) At least once every twelve months, the department of licensing shall obtain a list of federally licensed dealers with business premises in the state of Washington from the United States bureau of alcohol, tobacco, and firearms. The department of licensing shall verify that all dealers on the list provided by the bureau of alcohol, tobacco, and firearms are licensed and registered as required by RCW 9.41.100.

             (2) At least once every twelve months, the department of licensing shall obtain from the department of revenue a list of dealers registered with the department of revenue whose gross proceeds of sales are below the reporting threshold provided in RCW 82.04.300, and a list of dealers whose names and addresses were forwarded to the department of revenue by the department of licensing under RCW 9.41.110, who failed to register with the department of revenue as required by RCW 9.41.100.

             (3) At least once every twelve months, the department of licensing shall notify the bureau of alcohol, tobacco, and firearms of all federally licensed dealers with business premises in the state of Washington who have not complied with the licensing or registration requirements of RCW 9.41.100, or whose gross proceeds of sales are below the reporting threshold provided in RCW 82.04.300. In notifying the bureau of alcohol, tobacco, and firearms, the department of licensing shall not specify whether a particular dealer has failed to comply with licensing requirements, has failed to comply with registration requirements, or has gross proceeds of sales below the reporting threshold.


             Sec. 120. RCW 9.41.140 and 1961 c 124 s 10 are each amended to read as follows:

             No person shall change, alter, remove, or obliterate the name of the maker, model, manufacturer's number, or other mark of identification on any ((pistol)) firearm. Possession of any ((pistol)) firearm upon which any such mark shall have been changed, altered, removed, or obliterated, shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same. This section shall not apply to replacement barrels in old ((revolvers)) firearms, which barrels are produced by current manufacturers and therefor do not have the markings on the barrels of the original manufacturers who are no longer in business.


             Sec. 121. RCW 9.41.170 and 1979 c 158 s 3 are each amended to read as follows:

             (1) It shall be unlawful for any person who is not a citizen of the United States, or who has not declared his or her intention to become a citizen of the United States, to carry or have in his or her possession at any time any shotgun, rifle, or other firearm, without first having obtained a license from the director of licensing, and such license is not to be issued by the director of licensing except upon the certificate of the consul domiciled in the state and representing the country of such alien, that ((he)) the alien is a responsible person ((and upon the payment for the license of the sum of fifteen dollars: PROVIDED, That)). The fee for the license shall be twenty-five dollars, and the license shall be valid for four years from the date of issue.

             (2) This section shall not apply to Canadian citizens resident in a province which has an enactment or public policy providing substantially similar privilege to residents of the state of Washington and who are carrying or possessing weapons for the purpose of using them in the hunting of game while such persons are in the act of hunting, or while on a hunting trip, or while such persons are competing in a bona fide trap or skeet shoot or any other organized contest where rifles, pistols, or shotguns are used as ((to)) weapons ((used)) in such contest.

             (3) Nothing in this section shall be construed to allow aliens to hunt or fish in this state without first having obtained a regular hunting or fishing license.

             (4) Any person violating the provisions of this section shall be guilty of a misdemeanor.


             Sec. 122. RCW 9.41.190 and 1982 1st ex.s. c 47 s 2 are each amended to read as follows:

             (1) It is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, short-barreled shotgun, or short-barreled rifle, or any part thereof capable of use; or assembling or repairing any machine gun((: PROVIDED, HOWEVER, That such limitation)), short-barreled shotgun, or short-barreled rifle.

             (2) This section shall not apply to:

             (a) Any peace officer in the discharge of official duty, or to any officer or member of the armed forces of the United States or the state of Washington((: PROVIDED FURTHER, That this section does not apply to)) in the discharge of official duty; or

             (b) A person, including an employee of such person, who or which is exempt from or licensed under the National Firearms Act (26 U.S.C. section 5801 et seq.), and engaged in the production, manufacture, repair, or testing of weapons or equipment ((to be used or purchased by the armed forces of the United States, and having a United States government industrial security clearance)):

             (i) To be used or purchased by the armed forces of the United States;

             (ii) To be used or purchased by federal, state, county, or municipal law enforcement agencies; or

             (iii) For exportation in compliance with all applicable federal laws and regulations.

             (3) Nothing in subsection (2) of this section shall be construed as permitting the possession, use, or control of a machine gun, short-barreled rifle, or short-barreled shotgun by a person or entity not otherwise authorized by law to do so.

             (4) Any person violating this section is guilty of a class C felony.


             Sec. 123. RCW 9.41.220 and 1933 c 64 s 4 are each amended to read as follows:

             All machine guns, short-barreled shotguns, or short-barreled rifles, or parts thereof, illegally held or illegally possessed are hereby declared to be contraband, and it shall be the duty of all peace officers, and/or any officer or member of the armed forces of the United States or the state of Washington, to seize said machine gun, short-barreled shotgun, or short-barreled rifle, or parts thereof, wherever and whenever found.


             Sec. 124. RCW 9.41.230 and 1909 c 249 s 307 are each amended to read as follows:

             ((Every)) (1) For conduct not amounting to a violation of chapter 9A.36 RCW, any person who ((shall)):

             (a) Aims any ((gun, pistol, revolver or other)) firearm, whether loaded or not, at or towards any human being((, or who shall));

             (b) Willfully discharges any firearm, air gun, or other weapon, or throws any deadly missile in a public place, or in any place where any person might be endangered thereby((, although no injury result, shall be)); or

             (c) Except as provided in RCW 9.41.185, sets a so-called trap, spring pistol, rifle, or other dangerous weapon,

although no injury results, is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.

             (2) If an injury results from a violation of subsection (1) of this section, the person violating subsection (1) of this section shall be subject to the applicable provisions of chapters 9A.32 and 9A.36 RCW.


             Sec. 125. RCW 9.41.250 and 1959 c 143 s 1 are each amended to read as follows:

             Every person who ((shall)):

             (1) Manufactures, sells, or disposes of or ((have in his possession)) possesses any instrument or weapon of the kind usually known as slung shot, sand club, or metal knuckles, or spring blade knife, or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement; ((who shall))

             (2) Furtively ((carry)) carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or ((who shall))

             (3) Uses any contrivance or device for suppressing the noise of any firearm, ((shall be))

is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.


             Sec. 126. RCW 9.41.260 and 1909 c 249 s 283 are each amended to read as follows:

             Every proprietor, lessee, or occupant of any place of amusement, or any plat of ground or building, who ((shall)) allows it to be used for the exhibition of skill in throwing any sharp instrument or in shooting any bow gun((, pistol)) or firearm of any description, at or toward any human being, ((shall be)) is guilty of a misdemeanor punishable under chapter 9A.20 RCW.


             Sec. 127. RCW 9.41.270 and 1969 c 8 s 1 are each amended to read as follows:

             (1) It shall be unlawful for ((anyone)) any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

             (2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor.

             (3) Subsection (1) of this section shall not apply to or affect the following:

             (a) Any act committed by a person while in his or her place of abode or fixed place of business;

             (b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;

             (c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;

             (d) Any person making or assisting in making a lawful arrest for the commission of a felony; or

             (e) Any person engaged in military activities sponsored by the federal or state governments.


             Sec. 128. RCW 9.41.280 and 1993 c 347 s 1 are each amended to read as follows:

             (1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:

             (a) Any firearm; ((or))

             (b) Any other dangerous weapon as defined in RCW 9.41.250; ((or))

             (c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; ((or))

             (d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; or

             (e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas.

             (2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor.

             Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. However, any violation of subsection (1)(a) of this section by an elementary or secondary school student shall result in expulsion for an indefinite period of time in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding any allegation or indication of such violation.

             (3) Subsection (1) of this section does not apply to:

             (a) Any student or employee of a private military academy when on the property of the academy;

             (b) Any person engaged in military, law enforcement, or school district security activities;

             (c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;

             (d) ((Any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises;

             (e))) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;

             (((f))) (e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060,, while picking up or dropping off a student;

             (((g))) (f) Any ((person)) nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;

             (((h))) (g) Any ((person)) nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or

             (((i))) (h) Any law enforcement officer of the federal, state, or local government agency.

             (4) Subsections (1) (c) and (d) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.

             (5) Except as provided in subsection (3)(b), (c), (((e))) (f), and (((i))) (h) of this section, firearms are not permitted in a public or private school building.

             (((5))) (6) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.


             Sec. 129. RCW 9.41.290 and 1985 c 428 s 1 are each amended to read as follows:

             The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same ((or lesser)) penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.


             Sec. 130. RCW 9.41.300 and 1993 c 396 s 1 are each amended to read as follows:

             (1) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a weapon:

             (a) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (i) arrested for, charged with, or convicted of an offense, (ii) charged with being or adjudicated to be a juvenile offender as defined in RCW 13.40.020, (iii) held for extradition or as a material witness, or (iv) otherwise confined pursuant to an order of a court, except an order under chapter 13.32A or 13.34 RCW. Restricted access areas do not include common areas of egress or ingress open to the general public;

             (b) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection (1)(b).

             In addition, the local legislative authority shall provide either a stationary locked box sufficient in size for ((short firearms)) pistols and key to a weapon owner for weapon storage, or shall designate an official to receive weapons for safekeeping, during the owner's visit to restricted areas of the building. The locked box or designated official shall be located within the same building used in connection with court proceedings. The local legislative authority shall be liable for any negligence causing damage to or loss of a weapon either placed in a locked box or left with an official during the owner's visit to restricted areas of the building.

             The local judicial authority shall designate and clearly mark those areas where weapons are prohibited, and shall post notices at each entrance to the building of the prohibition against weapons in the restricted areas;

             (c) The restricted access areas of a public mental health facility certified by the department of social and health services for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted access areas do not include common areas of egress and ingress open to the general public; or

             (d) That portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age.

             (2) ((Notwithstanding RCW 9.41.290,)) Cities, towns, counties, and other municipalities may enact laws and ordinances:

             (a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and

             (b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:

             (i) Any ((firearm)) pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or

             (ii) Any showing, demonstration, or lecture involving the exhibition of firearms.

             (3)(a) Cities, towns, and counties may enact ordinances restricting the areas in their respective jurisdictions in which firearms may be sold, but, except as provided in (b) of this subsection, a business selling firearms may not be treated more restrictively than other businesses located within the same zone. An ordinance requiring the cessation of business within a zone shall not have a shorter grandfather period for businesses selling firearms than for any other businesses within the zone.

             (b) Cities, towns, and counties may restrict the location of a business selling firearms to not less than five hundred feet from primary or secondary school grounds, if the business has a storefront, has hours during which it is open for business, and posts advertisements or signs observable to passersby that firearms are available for sale.

             (4) Violations of local ordinances adopted under subsection (2) or (3) of this section must have the same penalty as provided for by state law.

             (5) The perimeter of the premises of any specific location covered by subsection (1) of this section shall be posted at reasonable intervals to alert the public as to the existence of any law restricting the possession of firearms on the premises.

             (((4))) (6) Subsection (1) of this section does not apply to:

             (a) A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;

             (b) Law enforcement personnel; or

             (c) Security personnel while engaged in official duties.

             (((5))) (7) Subsection (1)(a) of this section does not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises or checks his or her firearm. The person may reclaim the firearms upon leaving but must immediately and directly depart from the place or facility.

             (((6))) (8) Subsection (1)(c) of this section does not apply to any administrator or employee of the facility or to any person who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises.

             (((7))) (9) Subsection (1)(d) of this section does not apply to the proprietor of the premises or his or her employees while engaged in their employment.

             (((8))) (10) Any person violating subsection (1) of this section is guilty of a gross misdemeanor.

             (((9))) (11) "Weapon" as used in this section means any firearm, explosive as defined in RCW 70.74.010, or instrument or weapon listed in RCW 9.41.250.


             Sec. 131. RCW 9.41.310 and 1988 c 36 s 4 are each amended to read as follows:

             (1) After a public hearing, the department of fish and wildlife shall publish a pamphlet on firearms safety and the legal limits of the use of firearms. The pamphlet shall include current information on firearms laws and regulations and state preemption of local firearms laws. This pamphlet may be used in the department's hunter safety education program and shall be provided to the department of licensing for distribution to firearms dealers and persons authorized to issue concealed pistol licenses. The department of fish and wildlife shall reimburse the department of licensing for costs associated with distribution of the pamphlet.

             (2) The department of fish and wildlife shall approve a written test an applicant for a concealed pistol license may take, at the applicant's option, in lieu of a safety training course. In addition to matters regarding the safe storage, handling, and use of pistols, the test shall cover laws concerning firearms, including the legal use of deadly force. The test shall be administered by local law enforcement agencies.


             NEW SECTION. Sec. 132. A new section is added to chapter 9.41 RCW to read as follows:

             (1) The Washington advisory panel on firearms is established.

             (2) The panel shall advise the governor and the legislature on current technology, information, and data related to firearms and the use of firearms in crime and shall make recommendations to the legislature regarding proposed changes to current law in the area of licensing, sales, or restrictions on the use or possession of any firearms in accordance with Article I, section 24 of the state Constitution.

             (3) The panel shall consist of thirteen members appointed by the governor.

             (4) The members of the panel shall include:

             (a) A representative of the Washington association of sheriffs and police chiefs, who will serve as the nonvoting chair;

             (b) A representative of the Washington state council of police officers;

             (c) A representative of the national rifle association or its affiliated state organization, or of a similar group, who resides in Washington state;

             (d) A representative of Washington cease fire, or of a similar group, who resides in Washington state;

             (e) A representative of handgun dealers, manufacturers, or gunsmiths;

             (f) Two state representatives appointed by the speaker of the house of representatives, representing the two largest caucuses, one of whom is an advocate of firearms' control and one of whom is an advocate of the right to bear firearms;

             (g) Two state senators appointed by the president of the senate, representing the two largest caucuses, one of whom is an advocate of firearms' control and one of whom is an advocate of the right to bear firearms;

             (h) A representative of the governor; and

             (i) Three citizens, representing different geographical regions of the state, who shall have no known affiliation with advocacy of firearms control or with advocacy of the right to bear firearms and no known strong sentiment on the firearms issue, and who shall be chosen from an agreed upon list developed by Washington cease fire and the national rifle association or its affiliated state organization.

             (5) The panel shall meet at least twice annually at the request of the chair or by request of a majority of the members.

             (6) The panel shall consider need and desirability for change in firearm laws consistent with Article I, section 24 of the state Constitution and public health and safety.

             (7) Nothing in this section shall be construed as requiring the panel to test any firearm or have any firearm tested at the panel's expense.


             Sec. 133. RCW 13.40.265 and 1989 c 271 s 116 are each amended to read as follows:

             (1)(a) If a juvenile thirteen years of age or older is found by juvenile court to have committed an offense while armed with a firearm or an offense that is a violation of RCW 9.41.040(1)(e) or chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.

             (b) Except as otherwise provided in (c) of this subsection, upon petition of a juvenile who has been found by the court to have committed an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court may at any time the court deems appropriate notify the department of licensing that the juvenile's driving privileges should be reinstated.

             (c) If the offense is the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered, whichever is later. If the offense is the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the date the juvenile turns seventeen or one year after the date judgment was entered, whichever is later.

             (2)(a) If a juvenile enters into a diversion agreement with a diversion unit pursuant to RCW 13.40.080 concerning an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the diversion unit shall notify the department of licensing within twenty-four hours after the diversion agreement is signed.

             (b) If a diversion unit has notified the department pursuant to (a) of this subsection, the diversion unit shall notify the department of licensing when the juvenile has completed the agreement.


             Sec. 134. RCW 13.64.060 and 1993 c 294 s 6 are each amended to read as follows:

             (1) An emancipated minor shall be considered to have the power and capacity of an adult, except as provided in subsection (2) of this section. A minor shall be considered emancipated for the purposes of, but not limited to:

             (a) The termination of parental obligations of financial support, care, supervision, and any other obligation the parent may have by virtue of the parent-child relationship, including obligations imposed because of marital dissolution;

             (b) The right to sue or be sued in his or her own name;

             (c) The right to retain his or her own earnings;

             (d) The right to establish a separate residence or domicile;

             (e) The right to enter into nonvoidable contracts;

             (f) The right to act autonomously, and with the power and capacity of an adult, in all business relationships, including but not limited to property transactions;

             (g) The right to work, and earn a living, subject only to the health and safety regulations designed to protect those under age of majority regardless of their legal status; and

             (h) The right to give informed consent for receiving health care services.

             (2) An emancipated minor shall not be considered an adult for: (a) The purposes of the adult criminal laws of the state unless the decline of jurisdiction procedures contained in RCW 13.40.110 are used or the minor is tried in criminal court pursuant to RCW 13.04.030(1)(e)(iv); (b) the criminal laws of the state when the emancipated minor is a victim and the age of the victim is an element of the offense; or (c) those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, ownership, possession, or control of firearms, and other health and safety regulations relevant to the minor because of the minor's age.


             Sec. 135. RCW 26.28.080 and 1987 c 250 s 2 and 1987 c 204 s 1 are each reenacted and amended to read as follows:

             Every person who:

             (1) Shall admit to or allow to remain in any concert saloon, or in any place owned, kept, or managed by him or her where intoxicating liquors are sold, given away or disposed of--except a restaurant or dining room, any person under the age of eighteen years; ((or,))

             (2) Shall admit to, or allow to remain in any public pool or billiard hall, or in any place of entertainment injurious to health or morals, owned, kept or managed by him or her, any person under the age of eighteen years; ((or,))

             (3) Shall suffer or permit any such person to play any game of skill or chance, in any such place, or in any place adjacent thereto, or to be or remain therein, or admit or allow to remain in any reputed house of prostitution or assignation, or in any place where opium or any preparation thereof, is smoked, or where any narcotic drug is used, any persons under the age of eighteen years; or((,))

             (4) Shall sell or give, or permit to be sold or given to any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form; ((or

             (5) Shall sell, or give, or permit to be sold or given to any person under the age of eighteen years, any revolver or pistol;))

             shall be guilty of a gross misdemeanor.

             It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.


             Sec. 136. RCW 42.17.318 and 1988 c 219 s 2 are each amended to read as follows:

             (1) The license applications under RCW 9.41.070, and the purchase applications or records of pistol sales under RCW 9.41.090, are exempt from the disclosure requirements of this chapter. Copies of license or purchase applications, or information on the applications, may be released to law enforcement or corrections agencies.

             (2) Information concerning commitments for mental health treatment received by: (a) The department of licensing, or an authority that issues concealed pistol licenses, under section 104 of this act or RCW 9.41.070; or (b) a law enforcement agency, under RCW 9.41.090, is exempt from the disclosure requirements of this chapter. The information may be released to law enforcement or corrections agencies.


             Sec. 137. RCW 46.20.265 and 1991 c 260 s 1 are each amended to read as follows:

             (1) In addition to any other authority to revoke driving privileges under this chapter, the department shall revoke all driving privileges of a juvenile when the department receives notice from a court pursuant to RCW 9.41.040(5), 13.40.265, 66.44.365, 69.41.065, 69.50.420, 69.52.070, or a substantially similar municipal ordinance adopted by a local legislative authority, or from a diversion unit pursuant to RCW 13.40.265. The revocation shall be imposed without hearing.

             (2) The driving privileges of the juvenile revoked under subsection (1) of this section shall be revoked in the following manner:

             (a) Upon receipt of the first notice, the department shall impose a revocation for one year, or until the juvenile reaches seventeen years of age, whichever is longer.

             (b) Upon receipt of a second or subsequent notice, the department shall impose a revocation for two years or until the juvenile reaches eighteen years of age, whichever is longer.

             (c) Each offense for which the department receives notice shall result in a separate period of revocation. All periods of revocation imposed under this section that could otherwise overlap shall run consecutively and no period of revocation imposed under this section shall begin before the expiration of all other periods of revocation imposed under this section or other law.

             (3) If the department receives notice from a court that the juvenile's privilege to drive should be reinstated, the department shall immediately reinstate any driving privileges that have been revoked under this section.

             (4)(a) If the department receives notice pursuant to RCW 13.40.265(2)(b) from a diversion unit that a juvenile has completed a diversion agreement for which the juvenile's driving privileges were revoked, the department shall reinstate any driving privileges revoked under this section as provided in (b) of this subsection.

             (b) If the diversion agreement was for the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of ninety days after the date the juvenile turns sixteen or ninety days after the juvenile entered into a diversion agreement for the offense. If the diversion agreement was for the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of the date the juvenile turns seventeen or one year after the juvenile entered into the second or subsequent diversion agreement.


             Sec. 138. RCW 71.05.450 and 1973 1st ex.s. c 142 s 50 are each amended to read as follows:

             Competency shall not be determined or withdrawn by operation of, or under the provisions of this chapter. Except as chapter 9.41 RCW may limit the right of a person to purchase or possess a firearm or to qualify for a concealed pistol license, no person shall be presumed incompetent or lose any civil rights as a consequence of receiving evaluation or treatment for mental disorder, either voluntarily or involuntarily, or certification or commitment pursuant to this chapter or any prior laws of this state dealing with mental illness. Any person who leaves a public or private agency following evaluation or treatment for mental disorder shall be given a written statement setting forth the substance of this section.


             Sec. 139. RCW 71.12.560 and 1974 ex.s. c 145 s 1 are each amended to read as follows:

             The person in charge of any private institution, hospital, or sanitarium which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill or deranged may receive therein as a voluntary patient any person suffering from mental illness or derangement who is a suitable person for care and treatment in the institution, hospital, or sanitarium, who voluntarily makes a written application to the person in charge for admission into the institution, hospital or sanitarium. ((After six months of continuous inpatient treatment as a voluntary)) At the expiration of fourteen continuous days of treatment of a patient voluntarily committed in a private institution, hospital, or sanitarium, if the period of voluntary commitment is to continue, the person in charge shall forward to the office of the department of social and health services a record of the voluntary patient showing the name, residence, ((age)) date of birth, sex, place of birth, occupation, social security number, marital status, date of admission to the institution, hospital, or sanitarium, and such other information as may be required by rule of the department of social and health services.


             Sec. 140. RCW 72.23.080 and 1959 c 28 s 72.23.080 are each amended to read as follows:

             Any person received and detained in a state hospital ((pursuant to RCW 72.23.070 shall be)) under chapter 71.34 RCW is deemed a voluntary patient and, except as chapter 9.41 RCW may limit the right of a person to purchase or possess a firearm or to qualify for a concealed pistol license, shall not suffer a loss of legal competency by reason of his or her application and admission. Upon the admission of a voluntary patient to a state hospital the superintendent shall immediately forward to the department the record of such patient showing the name, address, sex, ((age)) date of birth, place of birth, occupation, social security number, date of admission, name of nearest relative, and such other information as the department may from time to time require.


             Sec. 141. RCW 82.04.300 and 1993 sp.s. c 25 s 205 are each amended to read as follows:

             This chapter shall apply to any person engaging in any business activity taxable under RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255, 82.04.260, 82.04.270, 82.04.280, and 82.04.290 other than those whose value of products, gross proceeds of sales, or gross income of the business is less than one thousand dollars per month: PROVIDED, That where one person engages in more than one business activity and the combined measures of the tax applicable to such businesses equal or exceed one thousand dollars per month, no exemption or deduction from the amount of tax is allowed by this section.

             A person who is a dealer as defined by RCW 9.41.010 is required to file returns even though no tax may by due. Any other person claiming exemption under the provisions of this section may be required, according to rules adopted by the department, to file returns even though no tax may be due. The department of revenue may allow exemptions, by general rule or regulation, in those instances in which quarterly, semiannual, or annual returns are permitted. Exemptions for such periods shall be equivalent in amount to the total of exemptions for each month of a reporting period.


             Sec. 142. RCW 82.32.030 and 1992 c 206 s 8 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, if any person engages in any business or performs any act upon which a tax is imposed by the preceding chapters, he or she shall, under such rules as the department of revenue shall prescribe, apply for and obtain from the department a registration certificate upon payment of fifteen dollars. Such registration certificate shall be personal and nontransferable and shall be valid as long as the taxpayer continues in business and pays the tax accrued to the state. In case business is transacted at two or more separate places by one taxpayer, a separate registration certificate for each place at which business is transacted with the public shall be required, but, for such additional certificates no additional payment shall be required. Each certificate shall be numbered and shall show the name, residence, and place and character of business of the taxpayer and such other information as the department of revenue deems necessary and shall be posted in a conspicuous place at the place of business for which it is issued. Where a place of business of the taxpayer is changed, the taxpayer must return to the department the existing certificate, and a new certificate will be issued for the new place of business free of charge. No person required to be registered under this section shall engage in any business taxable hereunder without first being so registered. The department, by rule, may provide for the issuance of certificates of registration, without requiring payment, to temporary places of business or to persons who are exempt from tax under RCW 82.04.300.

             (2) Unless the person is a dealer as defined in RCW 9.41.010, registration under this section is not required if the following conditions are met:

             (a) A person's value of products, gross proceeds of sales, or gross income of the business is below the tax reporting threshold provided in RCW 82.04.300;

             (b) The person is not required to collect or pay to the department of revenue any other tax which the department is authorized to collect; and

             (c) The person is not otherwise required to obtain a license subject to the master application procedure provided in chapter 19.02 RCW.


             NEW SECTION. Sec. 143. (1) RCW 19.70.010 and 19.70.020 are each recodified as sections in chapter 9.41 RCW.

             (2) RCW 9.41.160 is recodified in chapter 9.41 RCW to follow RCW 9.41.310.


             NEW SECTION. Sec. 144. The following acts or parts of acts are each repealed:

             (1) RCW 9.41.030 and 1935 c 172 s 3;

             (2) RCW 9.41.093 and 1969 ex.s. c 227 s 2;

             (3) RCW 9.41.130 and 1935 c 172 s 13;

             (4) RCW 9.41.150 and 1989 c 132 s 1, 1961 c 124 s 11, & 1935 c 172 s 15;

             (5) RCW 9.41.180 and 1992 c 7 s 8 & 1909 c 249 s 266;

             (6) RCW 9.41.200 and 1982 c 231 s 2 & 1933 c 64 s 2;

             (7) RCW 9.41.210 and 1933 c 64 s 3; and

             (8) RCW 9.41 240 and 1971 c 34 s 1, 1909 c 249 s 308, & 1883 p 67 s 1.


PART II - SUPERIOR AND JUVENILE COURT JURISDICTION


             Sec. 201. RCW 13.04.030 and 1988 c 14 s 1 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, the juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:

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

             (((2))) (b) 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))) (c) 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))) (d) To approve or disapprove alternative residential placement as provided in RCW 13.32A.170;

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

             (((c))) (iii) 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 (e)(i) of this 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

             (((6))) (iv) The juvenile is sixteen or seventeen years old and the alleged offense is: (A) A serious violent offense as defined in RCW 9.94A.030 committed on or after the effective date of this section; or (B) a violent offense as defined in RCW 9.94A.030 committed on or after the effective date of this section and the juvenile has a criminal history consisting of: (I) One or more prior serious violent offenses; or (II) two or more prior violent offenses. In such a case the adult criminal court shall have exclusive original jurisdiction.

             If the juvenile challenges the state's determination of the juvenile's criminal history, the state may establish the offender's criminal history by a preponderance of the evidence. If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;

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

             (((7))) (g) 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))) (h) 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.

             (2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.


             Sec. 202. RCW 9.94A.030 and 1994 c 1 s 3 (Initiative Measure No. 593), 1993 c 338 s 2, 1993 c 251 s 4, and 1993 c 164 s 1 are each reenacted and amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.

             (2) "Commission" means the sentencing guidelines commission.

             (3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

             (4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.

             (5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.

             (6) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.

             (7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.

             (8) "Confinement" means total or partial confinement as defined in this section.

             (9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

             (10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to the provisions in RCW 38.52.430.

             (11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.

             (12)(a) "Criminal history" means the list of a defendant's prior convictions, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.

             (b) "Criminal history" shall always include juvenile convictions for sex offenses and shall also include a defendant's other prior convictions in juvenile court if: (i) The conviction was for an offense which is a felony or a serious traffic offense and is criminal history as defined in RCW 13.40.020(((6)))(9)(a); (ii) the defendant was fifteen years of age or older at the time the offense was committed; and (iii) with respect to prior juvenile class B and C felonies or serious traffic offenses, the defendant was less than twenty-three years of age at the time the offense for which he or she is being sentenced was committed.

             (13) "Department" means the department of corrections.

             (14) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

             (15) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

             (16) "Drug offense" means:

             (a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);

             (b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or

             (c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.

             (17) "Escape" means:

             (a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or

             (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.

             (18) "Felony traffic offense" means:

             (a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or

             (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.

             (19) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.

             (20)(a) "First-time offender" means any person who is convicted of a felony (i) not classified as a violent offense or a sex offense under this chapter, or (ii) that is not the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in schedule I or II that is a narcotic drug or the selling for profit of any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana, and except as provided in (b) of this subsection, who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.

             (b) For purposes of (a) of this subsection, a juvenile adjudication for an offense committed before the age of fifteen years is not a previous felony conviction except for adjudications of sex offenses.

             (21) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:

             (a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;

             (b) Assault in the second degree;

             (c) Assault of a child in the second degree;

             (d) Child molestation in the second degree;

             (e) Controlled substance homicide;

             (f) Extortion in the first degree;

             (g) Incest when committed against a child under age fourteen;

             (h) Indecent liberties;

             (i) Kidnapping in the second degree;

             (j) Leading organized crime;

             (k) Manslaughter in the first degree;

             (l) Manslaughter in the second degree;

             (m) Promoting prostitution in the first degree;

             (n) Rape in the third degree;

             (o) Robbery in the second degree;

             (p) Sexual exploitation;

             (q) Vehicular assault;

             (r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

             (s) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under this section;

             (t) Any other felony with a deadly weapon verdict under RCW 9.94A.125;

             (u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection.

             (22) "Nonviolent offense" means an offense which is not a violent offense.

             (23) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110 or has been tried in a criminal court pursuant to RCW 13.04.030(1)(e)(iv). Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

             (24) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.

             (25) "Persistent offender" is an offender who:

             (a) Has been convicted in this state of any felony considered a most serious offense; and

             (b) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.360; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted.

             (26) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

             (27) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress.

             (28) "Serious traffic offense" means:

             (a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or

             (b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.

             (29) "Serious violent offense" is a subcategory of violent offense and means:

             (a) Murder in the first degree, homicide by abuse, murder in the second degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or

             (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.

             (30) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

             (31) "Sex offense" means:

             (a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;

             (b) A felony with a finding of sexual motivation under RCW 9.94A.127; or

             (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.

             (32) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.

             (33) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

             (34) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.

             (35) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.

             (36) "Violent offense" means:

             (a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, robbery in the second degree, vehicular assault, and vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

             (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and

             (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.

             (37) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. Only those offenders sentenced to a facility operated or utilized under contract by a county or the state are eligible to participate on a work crew. Offenders sentenced for a sex offense as defined in subsection (31) of this section are not eligible for the work crew program.

             (38) "Work ethic camp" means an alternative incarceration program designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.

             (39) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.

             (40) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance. Home detention may not be imposed for offenders convicted of a violent offense, any sex offense, any drug offense, reckless burning in the first or second degree as defined in RCW 9A.48.040 or 9A.48.050, assault in the third degree as defined in RCW 9A.36.031, assault of a child in the third degree, unlawful imprisonment as defined in RCW 9A.40.040, or harassment as defined in RCW 9A.46.020. Home detention may be imposed for offenders convicted of possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403) if the offender fulfills the participation conditions set forth in this subsection and is monitored for drug use by treatment alternatives to street crime (TASC) or a comparable court or agency-referred program.

             (a) Home detention may be imposed for offenders convicted of burglary in the second degree as defined in RCW 9A.52.030 or residential burglary conditioned upon the offender: (i) Successfully completing twenty-one days in a work release program, (ii) having no convictions for burglary in the second degree or residential burglary during the preceding two years and not more than two prior convictions for burglary or residential burglary, (iii) having no convictions for a violent felony offense during the preceding two years and not more than two prior convictions for a violent felony offense, (iv) having no prior charges of escape, and (v) fulfilling the other conditions of the home detention program.

             (b) Participation in a home detention program shall be conditioned upon: (i) The offender obtaining or maintaining current employment or attending a regular course of school study at regularly defined hours, or the offender performing parental duties to offspring or minors normally in the custody of the offender, (ii) abiding by the rules of the home detention program, and (iii) compliance with court-ordered legal financial obligations. The home detention program may also be made available to offenders whose charges and convictions do not otherwise disqualify them if medical or health-related conditions, concerns or treatment would be better addressed under the home detention program, or where the health and welfare of the offender, other inmates, or staff would be jeopardized by the offender's incarceration. Participation in the home detention program for medical or health-related reasons is conditioned on the offender abiding by the rules of the home detention program and complying with court-ordered restitution.


             Sec. 203. RCW 26.12.010 and 1991 c 367 s 11 are each amended to read as follows:

             (1) Each superior court shall exercise the jurisdiction conferred by this chapter and while sitting in the exercise of such jurisdiction shall be known and referred to as the "family court." A family law proceeding under this chapter is any proceeding under this title or any proceeding in which the family court is requested to adjudicate or enforce the rights of the parties or their children regarding the determination or modification of parenting plans, child custody, visitation, or support, or the distribution of property or obligations.

             (2) Superior court judges of a county may by majority vote, grant to the family court the power, authority, and jurisdiction, concurrent with the juvenile court, to hear and decide cases under Title 13 RCW.


             Sec. 204. RCW 13.04.021 and 1988 c 232 s 3 are each amended to read as follows:

             (1) The juvenile court shall be a division of the superior court. In judicial districts having more than one judge of the superior court, the judges of such court shall annually assign one or more of their number to the juvenile court division. In any judicial district having a court commissioner, the court commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear all cases under this chapter and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050. In any judicial district having a family law commissioner appointed pursuant to chapter 26.12 RCW, the family law commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear cases under chapter 13.34 RCW or any other case under Title 13 RCW as provided in RCW 26.12.010, and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050.

             (2) Cases in the juvenile court shall be tried without a jury.


             Sec. 205. RCW 72.76.010 and 1989 c 177 s 3 are each amended to read as follows:

             The Washington intrastate corrections compact is enacted and entered into on behalf of this state by the department with any and all counties of this state legally joining in a form substantially as follows:


WASHINGTON INTRASTATE CORRECTIONS

COMPACT


A compact is entered into by and among the contracting counties and the department of corrections, signatories hereto, for the purpose of maximizing the use of existing resources and to provide adequate facilities and programs for the confinement, care, treatment, and employment of offenders.

             The contracting counties and the department do solemnly agree that:

             (1) As used in this compact, unless the context clearly requires otherwise:

             (a) "Department" means the Washington state department of corrections.

             (b) "Secretary" means the secretary of the department of corrections or designee.

             (c) "Compact jurisdiction" means the department of corrections or any county of the state of Washington which has executed this compact.

             (d) "Sending jurisdiction" means a county party to this agreement or the department of corrections to whom the courts have committed custody of the offender.

             (e) "Receiving jurisdiction" means the department of corrections or a county party to this agreement to which an offender is sent for confinement.

             (f) "Offender" means a person who has been charged with and/or convicted of an offense established by applicable statute or ordinance.

             (g) "Convicted felony offender" means a person who has been convicted of a felony established by state law and is eighteen years of age or older, or who is less than eighteen years of age, but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110 or has been tried in a criminal court pursuant to RCW 13.04.030(1)(e)(iv).

             (h) An "offender day" includes the first day an offender is delivered to the receiving jurisdiction, but ends at midnight of the day immediately preceding the day of the offender's release or return to the custody of the sending jurisdiction.

             (i) "Facility" means any state correctional institution, camp, or other unit established or authorized by law under the jurisdiction of the department of corrections; any jail, holding, detention, special detention, or correctional facility operated by the county for the housing of adult offenders; or any contract facility, operated on behalf of either the county or the state for the housing of adult offenders.

             (j) "Extraordinary medical expense" means any medical expense beyond that which is normally provided by contract or other health care providers at the facility of the receiving jurisdiction.

             (k) "Compact" means the Washington intrastate corrections compact.

             (2)(a) Any county may make one or more contracts with one or more counties, the department, or both for the exchange or transfer of offenders pursuant to this compact. Appropriate action by ordinance, resolution, or otherwise in accordance with the law of the governing bodies of the participating counties shall be necessary before the contract may take effect. The secretary is authorized and requested to execute the contracts on behalf of the department. Any such contract shall provide for:

             (i) Its duration;

             (ii) Payments to be made to the receiving jurisdiction by the sending jurisdiction for offender maintenance, extraordinary medical and dental expenses, and any participation in or receipt by offenders of rehabilitative or correctional services, facilities, programs, or treatment not reasonably included as part of normal maintenance;

             (iii) Participation in programs of offender employment, if any; the disposition or crediting of any payments received by offenders on their accounts; and the crediting of proceeds from or the disposal of any products resulting from the employment;

             (iv) Delivery and retaking of offenders;

             (v) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving jurisdictions.

             (b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant to the contract. Nothing in any contract may be inconsistent with the compact.

             (3)(a) Whenever the duly constituted authorities of any compact jurisdiction decide that confinement in, or transfer of an offender to a facility of another compact jurisdiction is necessary or desirable in order to provide adequate housing and care or an appropriate program of rehabilitation or treatment, the officials may direct that the confinement be within a facility of the other compact jurisdiction, the receiving jurisdiction to act in that regard solely as agent for the sending jurisdiction.

             (b) The receiving jurisdiction shall be responsible for the supervision of all offenders which it accepts into its custody.

             (c) The receiving jurisdiction shall be responsible to establish screening criteria for offenders it will accept for transfer. The sending jurisdiction shall be responsible for ensuring that all transferred offenders meet the screening criteria of the receiving jurisdiction.

             (d) The sending jurisdiction shall notify the sentencing courts of the name, charges, cause numbers, date, and place of transfer of any offender, prior to the transfer, on a form to be provided by the department. A copy of this form shall accompany the offender at the time of transfer.

             (e) The receiving jurisdiction shall be responsible for providing an orientation to each offender who is transferred. The orientation shall be provided to offenders upon arrival and shall address the following conditions at the facility of the receiving jurisdiction:

             (i) Requirements to work;

             (ii) Facility rules and disciplinary procedures;

             (iii) Medical care availability; and

             (iv) Visiting.

             (f) Delivery and retaking of inmates shall be the responsibility of the sending jurisdiction. The sending jurisdiction shall deliver offenders to the facility of the receiving jurisdiction where the offender will be housed, at the dates and times specified by the receiving jurisdiction. The receiving jurisdiction retains the right to refuse or return any offender. The sending jurisdiction shall be responsible to retake any transferred offender who does not meet the screening criteria of the receiving jurisdiction, or who is refused by the receiving jurisdiction. If the receiving jurisdiction has notified the sending jurisdiction to retake an offender, but the sending jurisdiction does not do so within a seven-day period, the receiving jurisdiction may return the offender to the sending jurisdiction at the expense of the sending jurisdiction.

             (g) Offenders confined in a facility under the terms of this compact shall at all times be subject to the jurisdiction of the sending jurisdiction and may at any time be removed from the facility for transfer to another facility within the sending jurisdiction, for transfer to another facility in which the sending jurisdiction may have a contractual or other right to confine offenders, for release or discharge, or for any other purpose permitted by the laws of the state of Washington.

             (h) Unless otherwise agreed, the sending jurisdiction shall provide at least one set of the offender's personal clothing at the time of transfer. The sending jurisdiction shall be responsible for searching the clothing to ensure that it is free of contraband. The receiving jurisdiction shall be responsible for providing work clothing and equipment appropriate to the offender's assignment.

             (i) The sending jurisdiction shall remain responsible for the storage of the offender's personal property, unless prior arrangements are made with the receiving jurisdiction. The receiving jurisdiction shall provide a list of allowable items which may be transferred with the offender.

             (j) Copies or summaries of records relating to medical needs, behavior, and classification of the offender shall be transferred by the sending jurisdiction to the receiving jurisdiction at the time of transfer. At a minimum, such records shall include:

             (i) A copy of the commitment order or orders legally authorizing the confinement of the offender;

             (ii) A copy of the form for the notification of the sentencing courts required by subsection (3)(d) of this section;

             (iii) A brief summary of any known criminal history, medical needs, behavioral problems, and other information which may be relevant to the classification of the offender; and

             (iv) A standard identification card which includes the fingerprints and at least one photograph of the offender.

Disclosure of public records shall be the responsibility of the sending jurisdiction, except for those documents generated by the receiving jurisdiction.

             (k) The receiving jurisdiction shall be responsible for providing regular medical care, including prescription medication, but extraordinary medical expenses shall be the responsibility of the sending jurisdiction. The costs of extraordinary medical care incurred by the receiving jurisdiction for transferred offenders shall be reimbursed by the sending jurisdiction. The receiving jurisdiction shall notify the sending jurisdiction as far in advance as practicable prior to incurring such costs. In the event emergency medical care is needed, the sending jurisdiction shall be advised as soon as practicable after the offender is treated. Offenders who are required by the medical authority of the sending jurisdiction to take prescription medication at the time of the transfer shall have at least a three-day supply of the medication transferred to the receiving jurisdiction with the offender, and at the expense of the sending jurisdiction. Costs of prescription medication incurred after the use of the supply shall be borne by the receiving jurisdiction.

             (l) Convicted offenders transferred under this agreement may be required by the receiving jurisdiction to work. Transferred offenders participating in programs of offender employment shall receive the same reimbursement, if any, as other offenders performing similar work. The receiving jurisdiction shall be responsible for the disposition or crediting of any payments received by offenders, and for crediting the proceeds from or disposal of any products resulting from the employment. Other programs normally provided to offenders by the receiving jurisdiction such as education, mental health, or substance abuse treatment shall also be available to transferred offenders, provided that usual program screening criteria are met. No special or additional programs will be provided except by mutual agreement of the sending and receiving jurisdiction, with additional expenses, if any, to be borne by the sending jurisdiction.

             (m) The receiving jurisdiction shall notify offenders upon arrival of the rules of the jurisdiction and the specific rules of the facility. Offenders will be required to follow all rules of the receiving jurisdiction. Disciplinary detention, if necessary, shall be provided at the discretion of the receiving jurisdiction. The receiving jurisdiction may require the sending jurisdiction to retake any offender found guilty of a serious infraction; similarly, the receiving jurisdiction may require the sending jurisdiction to retake any offender whose behavior requires segregated or protective housing.

             (n) Good-time calculations and notification of each offender's release date shall be the responsibility of the sending jurisdiction. The sending jurisdiction shall provide the receiving jurisdiction with a formal notice of the date upon which each offender is to be released from custody. If the receiving jurisdiction finds an offender guilty of a violation of its disciplinary rules, it shall notify the sending jurisdiction of the date and nature of the violation. If the sending jurisdiction resets the release date according to its good-time policies, it shall provide the receiving jurisdiction with notice of the new release date.

             (o) The sending jurisdiction shall retake the offender at the receiving jurisdiction's facility on or before his or her release date, unless the sending and receiving jurisdictions shall agree upon release in some other place. The sending jurisdiction shall bear the transportation costs of the return.

             (p) Each receiving jurisdiction shall provide monthly reports to each sending jurisdiction on the number of offenders of that sending jurisdiction in its facilities pursuant to this compact.

             (q) Each party jurisdiction shall notify the others of its coordinator who is responsible for administrating the jurisdiction's responsibilities under the compact. The coordinators shall arrange for alternate contact persons in the event of an extended absence of the coordinator.

             (r) Upon reasonable notice, representatives of any party to this compact shall be allowed to visit any facility in which another party has agreed to house its offenders, for the purpose of inspecting the facilities and visiting its offenders that may be confined in the institution.

             (4) This compact shall enter into force and become effective and binding upon the participating parties when it has been executed by two or more parties. Upon request, each party county shall provide any other compact jurisdiction with a copy of a duly enacted resolution or ordinance authorizing entry into this compact.

             (5) A party participating may withdraw from the compact by formal resolution and by written notice to all other parties then participating. The withdrawal shall become effective, as it pertains to the party wishing to withdraw, thirty days after written notice to the other parties. However, such withdrawal shall not relieve the withdrawing party from its obligations assumed prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing participant shall notify the other parties to retake the offenders it has housed in its facilities and shall remove to its facilities, at its own expense, offenders it has confined under the provisions of this compact.

             (6) Legal costs relating to defending actions brought by an offender challenging his or her transfer to another jurisdiction under this compact shall be borne by the sending jurisdiction. Legal costs relating to defending actions arising from events which occur while the offender is in the custody of a receiving jurisdiction shall be borne by the receiving jurisdiction.

             (7) The receiving jurisdiction shall not be responsible to provide legal services to offenders placed under this agreement. Requests for legal services shall be referred to the sending jurisdiction.

             (8) The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution or laws of the state of Washington or is held invalid, the validity of the remainder of this compact and its applicability to any county or the department shall not be affected.

             (9) Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a county or the department may have with each other or with a nonparty county for the confinement, rehabilitation, or treatment of offenders.


             NEW SECTION. Sec. 206. Provisions governing exceptions to juvenile court jurisdiction in the amendments to RCW 13.04.030 contained in section 201 of this act shall apply to serious violent and violent offenses committed on or after the effective date of section 201 of this act. The criminal history which may result in loss of juvenile court jurisdiction upon the alleged commission of a serious violent or violent offense may have been acquired on, before, or after the effective date of section 201 of this act.


             NEW SECTION. Sec. 207. A new section is added to chapter 13.40 RCW to read as follows:

             To reduce the likelihood that implementation of this chapter will differentially and unjustifiably affect the outcomes of cases involving youth of color accused of crimes, all youth prosecuted for offenses under this chapter must be charged and prosecuted in accordance with the prosecutorial guidelines developed in accordance with section 8, chapter 415, Laws of 1993 as amended by section 208, chapter . . ., Laws of 1994 (section 208 of this act). Prosecutors shall also apply those guidelines when filing charges which will result in a juvenile under eighteen being prosecuted as an adult pursuant to RCW 13.04.030.


             Sec. 208. 1993 c 415 s 8 (uncodified) is amended to read as follows:

             The administrator for the courts shall convene a working group to develop standards and guidelines for the prosecution of juvenile offenders under Title 13 RCW, review any racial disproportionality in diversion, and review the use of detention facilities in a way to reduce racial disproportionality. The administrator shall appoint:

             (1) One defense attorney familiar with juvenile justice, and three prosecuting attorneys familiar with juvenile justice;

             (2) One superior court judge;

             (3) One court commissioner;

             (4) One juvenile court administrator;

             (5) One representative of the juvenile disposition standards board;

             (6) One representative of the department of social and health services;

             (7) One social researcher with expertise in juvenile or criminal justice;

             (8) Two representatives of child advocacy groups recommended by the governor; and

             (9) Two persons recommended jointly by the Washington state minority commissions.

             Prosecutorial guidelines for charging youth under chapter 13.40 RCW and for filing charges against youth which will or may result in youth being prosecuted as adults under RCW 13.04.030(1)(e)(iv) or 13.40.100 shall be racially neutral. The standards shall also include a review mechanism to ensure that the standards result in equitable and racially neutral filing and prosecution practices. The work group shall develop and submit its recommended standards and guidelines to the appropriate committees of the legislature by December 1, 1994.


PART III - THEFT OF FIREARMS


             NEW SECTION. Sec. 301. A new section is added to chapter 9A.56 RCW to read as follows:

             (1) A person is guilty of theft of a firearm if the person:

             (a) Commits a theft of a firearm;

             (b) Is in possession of a stolen firearm;

             (c) Delivers a stolen firearm;

             (d) Possesses with intent to deliver a stolen firearm; or

             (e) Sells a stolen firearm.

             (2) This section applies regardless of the stolen firearm's value.

             (3) "Possession of a stolen firearm" as used in this section has the same meaning as "possessing stolen property" in RCW 9A.56.140.

             (4) Theft of a firearm is a class B felony.


             Sec. 302. RCW 9A.56.040 and 1987 c 140 s 2 are each amended to read as follows:

             (1) A person is guilty of theft in the second degree if he or she commits theft of:

             (a) Property or services which exceed(s) two hundred and fifty dollars in value, but does not exceed one thousand five hundred dollars in value; or

             (b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; or

             (c) An access device; or

             (d) A motor vehicle, of a value less than one thousand five hundred dollars((; or

             (e) A firearm, of a value less than one thousand five hundred dollars)).

             (2) Theft in the second degree is a class C felony.


             Sec. 303. RCW 9A.56.160 and 1987 c 140 s 4 are each amended to read as follows:

             (1) A person is guilty of possessing stolen property in the second degree if:

             (a) He or she possesses stolen property which exceeds two hundred fifty dollars in value but does not exceed one thousand five hundred dollars in value; or

             (b) He or she possesses a stolen public record, writing or instrument kept, filed, or deposited according to law; or

             (c) He or she possesses a stolen access device; or

             (d) He or she possesses a stolen motor vehicle of a value less than one thousand five hundred dollars((; or

             (e) He possesses a stolen firearm)).

             (2) Possessing stolen property in the second degree is a class C felony.


PART IV - RECKLESS ENDANGERMENT


             Sec. 401. RCW 9A.36.045 and 1989 c 271 s 109 are each amended to read as follows:

             (1) A person is guilty of reckless endangerment in the first degree when he or she recklessly discharges a firearm in a manner which creates a substantial risk of death or serious physical injury to another person and the discharge is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm to the scene of the discharge.

             (2) A person who unlawfully discharges a firearm from a moving motor vehicle may be inferred to have engaged in reckless conduct, unless the discharge is shown by evidence satisfactory to the trier of fact to have been made without such recklessness.

             (3) Reckless endangerment in the first degree is a class ((C)) B felony.


PART V - ADULT SENTENCING


             Sec. 501. RCW 9.94A.310 and 1992 c 145 s 9 are each amended to read as follows:


             (1)                                                                 TABLE 1

Sentencing Grid

SERIOUSNESS

SCORE                                                             OFFENDER SCORE

                                                                                                                                                9 or

                          0           1           2           3           4           5           6           7           8           more


XV       Life Sentence without Parole/Death Penalty


XIV                   23y4m  24y4m  25y4m  26y4m  27y4m  28y4m  30y4m  32y10m 36y     40y

                          240-     250-     261-     271-     281-     291-     312-     338-     370-     411-

                          320       333       347       361       374       388       416       450       493       548

XIII                   12y       13y       14y       15y       16y       17y       19y       21y       25y       29y

                          123-     134-     144-     154-     165-     175-     195-     216-     257-     298-

                          164       178       192       205       219       233       260       288       342       397

 

XII                    9y         9y11m  10y9m  11y8m  12y6m  13y5m  15y9m  17y3m  20y3m  23y3m

                          93-       102-     111-     120-     129-     138-     162-     178-     209-     240-

                          123       136       147       160       171       184       216       236       277       318


XI                     7y6m    8y4m    9y2m    9y11m  10y9m  11y7m  14y2m  15y5m  17y11m 20y5m

                          78-       86-       95-       102-     111-     120-     146-     159-     185-     210-

                          102       114       125       136       147       158       194       211       245       280

 

X                       5y         5y6m    6y         6y6m    7y         7y6m    9y6m    10y6m  12y6m  14y6m

                          51-       57-       62-       67-       72-       77-       98-       108-     129-     149-

                          68         75         82         89         96         102       130       144       171       198


IX                     3y         3y6m    4y         4y6m    5y         5y6m    7y6m    8y6m    10y6m  12y6m

                          31-       36-       41-       46-       51-       57-       77-       87-       108-     129-

                          41         48         54         61         68         75         102       116       144       171  

VIII                   2y         2y6m    3y         3y6m    4y         4y6m    6y6m    7y6m    8y6m    10y6m

                          21-       26-       31-       36-       41-       46-       67-       77-       87-       108-

                          27         34         41         48         54         61         89         102       116       144  

VII                    18m      2y         2y6m    3y         3y6m    4y         5y6m    6y6m    7y6m    8y6m

                          15-       21-       26-       31-       36-       41-       57-       67-       77-       87-

                          20         27         34         41         48         54         75         89         102       116  

VI                     13m      18m      2y         2y6m    3y         3y6m    4y6m    5y6m    6y6m    7y6m

                          12+-     15-       21-       26-       31-       36-       46-       57-       67-       77-

                          14        20         27         34         41         48         61         75         89         102  

V                       9m        13m      15m      18m      2y2m    3y2m    4y         5y         6y         7y

                          6-         12+-     13-       15-       22-       33-       41-       51-       62-       72-

                          12         14         17         20         29         43         54         68         82         96 

IV                     6m        9m        13m      15m      18m      2y2m    3y2m    4y2m    5y2m    6y2m

                          3-         6-         12+-     13-       15-       22-       33-       43-       53-       63-

                          9           12         14         17         20         29         43         57         70         84


III                      2m        5m        8m        11m      14m      20m      2y2m    3y2m    4y2m    5y

                          1-         3-         4-         9-         12+-     17-       22-       33-       43-       51-

                          3           8           12         12         16         22         29         43         57         68


II                                    4m        6m        8m        13m      16m      20m      2y2m    3y2m    4y2m

                          0-90     2-         3-         4-         12+-     14-       17-       22-       33-       43-

                          Days    6           9           12         14         18         22         29         43         57 

I                        3m        4m        5m        8m        13m      16m      20m      2y2m

                          0-60     0-90     2-         2-         3-         4-         12+-     14-       17-       22-

                          Days    Days    5           6           8           12         14        18         22         29

 

NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.

             (2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.

             (3) The following additional times shall be added to the presumptive sentence if the offender or an accomplice was armed with a deadly weapon as defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice was armed with a deadly weapon and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive range determined under subsection (2) of this section:

             (a) 24 months for Rape 1 (RCW 9A.44.040), Robbery 1 (RCW 9A.56.200), or Kidnapping 1 (RCW 9A.40.020);

             (b) 18 months for Burglary 1 (RCW 9A.52.020);

             (c) 12 months for ((Assault 2 (RCW 9A.36.020 or 9A.36.021), Assault of a Child 2 (RCW 9A.36.130))) any violent offense except as provided in (a) and (b) of this subsection, Escape 1 (RCW 9A.76.110), ((Kidnapping 2 (RCW 9A.40.030),)) Burglary 2 of a building other than a dwelling (RCW 9A.52.030), Theft of Livestock 1 or 2 (RCW 9A.56.080), or any drug offense.

             (4) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive sentence range determined under subsection (2) of this section:

             (a) Eighteen months for offenses committed under RCW 69.50.401(a)(1)(i) or 69.50.410;

             (b) Fifteen months for offenses committed under RCW 69.50.401(a)(1)(ii), (iii), and (iv);

             (c) Twelve months for offenses committed under RCW 69.50.401(d).

             For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.

             (5) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435.


             Sec. 502. RCW 9.94A.320 and 1992 c 145 s 4 and 1992 c 75 s 3 are each reenacted and amended to read as follows:

 

TABLE 2

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

       XV             Aggravated Murder 1 (RCW 10.95.020)

     XIV             Murder 1 (RCW 9A.32.030)

                          Homicide by abuse (RCW 9A.32.055)

      XIII            Murder 2 (RCW 9A.32.050)

       XII             Assault 1 (RCW 9A.36.011)

                          Assault of a Child 1 (RCW 9A.36.120)

        XI             Rape 1 (RCW 9A.44.040)

                          Rape of a Child 1 (RCW 9A.44.073)

          X             Kidnapping 1 (RCW 9A.40.020)

                          Rape 2 (RCW 9A.44.050)

                          Rape of a Child 2 (RCW 9A.44.076)

                          Child Molestation 1 (RCW 9A.44.083)

                          Damaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))

                          Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)

                          Leading Organized Crime (RCW 9A.82.060(1)(a))

        IX             Assault of a Child 2 (RCW 9A.36.130)

                          Robbery 1 (RCW 9A.56.200)

                          Manslaughter 1 (RCW 9A.32.060)

                          Explosive devices prohibited (RCW 70.74.180)

                          Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

                          Endangering life and property by explosives with threat to human being (RCW 70.74.270)

                          Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

                          Controlled Substance Homicide (RCW 69.50.415)

                          Sexual Exploitation (RCW 9.68A.040)

                          Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

      VIII            Arson 1 (RCW 9A.48.020)

                          Promoting Prostitution 1 (RCW 9A.88.070)

                          Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

                          Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

                          Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

                          Vehicular Homicide, by being under the influence of intoxicating liquor or any drug or by the operation of any vehicle in a reckless manner (RCW 46.61.520)

       VII             Burglary 1 (RCW 9A.52.020)

                          Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

                          Introducing Contraband 1 (RCW 9A.76.140)

                          Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

                          Child Molestation 2 (RCW 9A.44.086)

                          Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

                          Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

                          Involving a minor in drug dealing (RCW 69.50.401(f))

        VI             Bribery (RCW 9A.68.010)

                          Manslaughter 2 (RCW 9A.32.070)

                          Rape of a Child 3 (RCW 9A.44.079)

                          Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

                          Damaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))

                          Endangering life and property by explosives with no threat to human being (RCW 70.74.270)

                          Incest 1 (RCW 9A.64.020(1))

                          Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))

                          Intimidating a Judge (RCW 9A.72.160)

                          Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

          V             Theft of a Firearm (section 301 of this act)

                          Reckless Endangerment 1 (RCW 9A.36.045)

                          Criminal Mistreatment 1 (RCW 9A.42.020)

                          Rape 3 (RCW 9A.44.060)

                          Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                          Child Molestation 3 (RCW 9A.44.089)

                          Kidnapping 2 (RCW 9A.40.030)

                          Extortion 1 (RCW 9A.56.120)

                          Incest 2 (RCW 9A.64.020(2))

                          Perjury 1 (RCW 9A.72.020)

                          Extortionate Extension of Credit (RCW 9A.82.020)

                          Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                          Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                          Rendering Criminal Assistance 1 (RCW 9A.76.070)

                          Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                          Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

        IV             Residential Burglary (RCW 9A.52.025)

                          Theft of Livestock 1 (RCW 9A.56.080)

                          Robbery 2 (RCW 9A.56.210)

                          Assault 2 (RCW 9A.36.021)

                          Escape 1 (RCW 9A.76.110)

                          Arson 2 (RCW 9A.48.030)

                          Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

                          Malicious Harassment (RCW 9A.36.080)

                          Threats to Bomb (RCW 9.61.160)

                          Willful Failure to Return from Furlough (RCW 72.66.060)

                          Hit and Run — Injury Accident (RCW 46.52.020(4))

                          Vehicular Assault (RCW 46.61.522)

                          Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401(a)(1)(ii) through (iv))

                          Influencing Outcome of Sporting Event (RCW 9A.82.070)

                          Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

                          Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

         III            Criminal mistreatment 2 (RCW 9A.42.030)

                          Extortion 2 (RCW 9A.56.130)

                          Unlawful Imprisonment (RCW 9A.40.040)

                          Assault 3 (RCW 9A.36.031)

                          Assault of a Child 3 (RCW 9A.36.140)

                          Custodial Assault (RCW 9A.36.100)

Unlawful possession of firearm or pistol by felon (RCW 9.41.040)

                          Harassment (RCW 9A.46.020)

                          Promoting Prostitution 2 (RCW 9A.88.080)

                          Willful Failure to Return from Work Release (RCW 72.65.070)

                          Burglary 2 (RCW 9A.52.030)

                          Introducing Contraband 2 (RCW 9A.76.150)

                          Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

                          Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                          Escape 2 (RCW 9A.76.120)

                          Perjury 2 (RCW 9A.72.030)

                          Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

                          Intimidating a Public Servant (RCW 9A.76.180)

                          Tampering with a Witness (RCW 9A.72.120)

                          Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(ii))

                          Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

                          Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

                          Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

                          Theft of livestock 2 (RCW 9A.56.080)

                          Securities Act violation (RCW 21.20.400)

 

          II            Malicious Mischief 1 (RCW 9A.48.070)

                          Possession of Stolen Property 1 (RCW 9A.56.150)

                          Theft 1 (RCW 9A.56.030)

                          Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))

                          Possession of phencyclidine (PCP) (RCW 69.50.401(d))

                          Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

                          Computer Trespass 1 (RCW 9A.52.110)

                          ((Reckless Endangerment 1 (RCW 9A.36.045)))

                          Escape from Community Custody (RCW 72.09.310)

           I             Theft 2 (RCW 9A.56.040)

                          Possession of Stolen Property 2 (RCW 9A.56.160)

                          Forgery (RCW 9A.60.020)

                          Taking Motor Vehicle Without Permission (RCW 9A.56.070)

                          Vehicle Prowl 1 (RCW 9A.52.095)

                          Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                          Malicious Mischief 2 (RCW 9A.48.080)

                          Reckless Burning 1 (RCW 9A.48.040)

                          Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

                          Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

                          False Verification for Welfare (RCW 74.08.055)

                          Forged Prescription (RCW 69.41.020)

                          Forged Prescription for a Controlled Substance (RCW 69.50.403)

                          Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))


PART VI - PERSONAL PROTECTION SPRAYS


             NEW SECTION. Sec. 601. A new section is added to chapter 9.91 RCW to read as follows:

             (1) It is unlawful for a person under eighteen years old, unless the person is at least fourteen years old and has the permission of a parent or guardian to do so, to purchase or possess a personal protection spray device. A violation of this subsection is a misdemeanor.

             (2) No town, city, county, special purpose district, quasi-municipal corporation or other unit of government may prohibit a person eighteen years old or older, or a person fourteen years old or older who has the permission of a parent or guardian to do so, from purchasing or possessing a personal protection spray device or from using such a device in a manner consistent with the authorized use of force under RCW 9A.16.020. No town, city, county, special purpose district, quasi-municipal corporation, or other unit of government may prohibit a person eighteen years old or older from delivering a personal protection spray device to a person authorized to possess such a device.

             (3) For purposes of this section:

             (a) "Personal protection spray device" means a commercially available dispensing device designed and intended for use in self-defense and containing a nonlethal sternutator or lacrimator agent, including but not limited to:

             (i) Tear gas, the active ingredient of which is either chloracetophenone (CN) or O-chlorobenzylidene malonotrile (CS); or

             (ii) Other agent commonly known as mace, pepper mace, or pepper gas.

             (b) "Delivering" means actual, constructive, or attempted transferring from one person to another.

             (4) Nothing in this section authorizes the delivery, purchase, possession, or use of any device or chemical agent that is otherwise prohibited by state law.


PART VII - JUVENILE JUSTICE PROVISIONS, EFFECTIVE JULY 1, 1994


A. ADMINISTRATION


             NEW SECTION. Sec. 701. The legislature finds that the incidence of juvenile crime has escalated at an alarming rate, and that the state's juvenile rehabilitation system needs major adjustments in order to respond.

             The current system lacks adequate bed space, adequate population forecasting, an effective sentencing scheme, an appropriate inmate classification system, and sufficient judicial discretion in sentencing young offenders.

             These defects have often resulted in sentences that are driven by fiscal policy, and not by rehabilitative or punitive principles; and

             Washington must develop a juvenile offender rehabilitation system that truly emphasizes public safety, offender responsibility, and offender rehabilitation.


             Sec. 702. RCW 43.20A.090 and 1970 ex.s. c 18 s 7 are each amended to read as follows:

             The secretary shall appoint a deputy secretary, a department personnel director and such assistant secretaries as shall be needed to administer the department. The deputy secretary shall have charge and general supervision of the department in the absence or disability of the secretary, and in case of a vacancy in the office of secretary, shall continue in charge of the department until a successor is appointed and qualified, or until the governor shall appoint an acting secretary. The secretary shall appoint an assistant secretary to administer the juvenile rehabilitation responsibilities required of the department by chapters 13.04, 13.40, and 13.50 RCW. The officers appointed under this section, and exempt from the provisions of the state civil service law by the terms of RCW 41.06.076, shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the operation of the state civil service law.


             NEW SECTION. Sec. 703. A new section is added to chapter 13.40 RCW to read as follows:

             The assistant secretary shall manage and administer the department's juvenile rehabilitation responsibilities, including but not limited to the operation of all state institutions or facilities used for juvenile rehabilitation.

             The assistant secretary shall:

             (1) Prepare a biennial budget request sufficient to meet the confinement and rehabilitative needs of the juvenile rehabilitation program, as forecast by the office of financial management;

             (2) Create by rule a formal system for inmate classification. This classification system shall consider:

             (a) Public safety;

             (b) Internal security and staff safety; and

             (c) Rehabilitative resources both within and outside the department;

             (3) Develop agreements with local jurisdictions to develop regional facilities with a variety of custody levels;

             (4) Adopt rules establishing effective disciplinary policies to maintain order within institutions;

             (5) Develop a comprehensive diagnostic evaluation process to be used at intake, including but not limited to evaluation for substance addiction or abuse, literacy, learning disabilities, fetal alcohol syndrome or effect, attention deficit disorder, and mental health; and

             (6) Develop a plan to implement, by July 1, 1995:

             (a) Substance abuse treatment programs for all state juvenile rehabilitation facilities and institutions;

             (b) Vocational education and instruction programs at all state juvenile rehabilitation facilities and institutions.


             NEW SECTION. Sec. 704. A new section is added to chapter 13.40 RCW to read as follows:

             The assistant secretary shall review the vocational education curriculum, facilities, and teaching personnel in all juvenile residential programs and report to the legislature by December 12, 1994. The report shall include an assessment of the number and types of vocational programs currently available, and the status of buildings, teaching personnel, and equipment currently used for vocational training. The report shall also contain an action plan for implementing, by July 1, 1995, a state-wide uniform prevocational and vocational education program, including but not limited to, a projection of the need for the programs for both female and male juvenile offenders, the number of students that could benefit from the programs, projected vocational trade needs, physical plant modifications or building needs, equipment needs, teaching personnel needs, and estimated costs. In addition, the report shall identify how the department can develop vocational programs jointly with trade associations, trade unions, and other state, local, and federal agencies. The department shall also identify businesses and industries potentially interested in working with the program.


             NEW SECTION. Sec. 705. A new section is added to chapter 13.40 RCW to read as follows:

             The assistant secretary shall issue arrest warrants for juveniles who escape from department residential custody. These arrest warrants shall authorize any law enforcement, probation and parole, or peace officer of this state, or any other state where the juvenile is located, to arrest the juvenile and to place the juvenile in physical custody pending the juvenile's return to confinement in a state juvenile rehabilitation facility.


             Sec. 706. RCW 13.50.010 and 1993 c 374 s 1 are each amended to read as follows:

             (1) For purposes of this chapter:

             (a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the department of social and health services and its contracting agencies, schools, juvenile justice advisory committees of county law and justice councils; and, in addition, persons or public or private agencies having children committed to their custody;

             (b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;

             (c) "Social file" means the juvenile court file containing the records and reports of the ((probation)) community supervision counselor;

             (d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.

             (2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.

             (3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:

             (a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency;

             (b) An agency shall take reasonable steps to insure the security of its records and prevent tampering with them; and

             (c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.

             (4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.

             (5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.

             (6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.

             (7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.

             (8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment, or to individuals or agencies engaged in legitimate research for educational, scientific, or public purposes, including juvenile justice advisory committees of county law and justice councils. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.

             (9) Juvenile detention facilities shall release records to the juvenile disposition standards commission under RCW 13.40.025 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.


             Sec. 707. RCW 72.09.300 and 1993 sp.s. c 21 s 8 are each amended to read as follows:

             (1) Every county legislative authority shall by resolution or ordinance establish a local law and justice council. The county legislative authority shall determine the size and composition of the council, which shall include the county sheriff and a representative of the municipal police departments within the county, the county prosecutor and a representative of the municipal prosecutors within the county, a representative of the city legislative authorities within the county, a representative of the county's superior, juvenile, district, and municipal courts, the county jail administrator, the county clerk, the county risk manager, and the secretary of corrections. Officials designated may appoint representatives.

             (2) A combination of counties may establish a local law and justice council by intergovernmental agreement. The agreement shall comply with the requirements of this section.

             (3) The local law and justice council shall develop a local law and justice plan for the county. The council shall design the elements and scope of the plan, subject to final approval by the county legislative authority. The general intent of the plan shall include seeking means to maximize local resources including personnel and facilities, reduce duplication of services, and share resources between local and state government in order to accomplish local efficiencies without diminishing effectiveness. The plan shall also include a section on jail management. This section may include the following elements:

             (a) A description of current jail conditions, including whether the jail is overcrowded;

             (b) A description of potential alternatives to incarceration;

             (c) A description of current jail resources;

             (d) A description of the jail population as it presently exists and how it is projected to change in the future;

             (e) A description of projected future resource requirements;

             (f) A proposed action plan, which shall include recommendations to maximize resources, maximize the use of intermediate sanctions, minimize overcrowding, avoid duplication of services, and effectively manage the jail and the offender population;

             (g) A list of proposed advisory jail standards and methods to effect periodic quality assurance inspections of the jail;

             (h) A proposed plan to collect, synthesize, and disseminate technical information concerning local criminal justice activities, facilities, and procedures;

             (i) A description of existing and potential services for offenders including employment services, substance abuse treatment, mental health services, and housing referral services.

             (4) The council may propose other elements of the plan, which shall be subject to review and approval by the county legislative authority, prior to their inclusion into the plan.

             (5) The county legislative authority may request technical assistance in developing or implementing the plan from other units or agencies of state or local government, which shall include the department, the office of financial management, and the Washington association of sheriffs and police chiefs.

             (6) Upon receiving a request for assistance from a county, the department may provide the requested assistance.

             (7) The secretary may adopt rules for the submittal, review, and approval of all requests for assistance made to the department. The secretary may also appoint an advisory committee of local and state government officials to recommend policies and procedures relating to the state and local correctional systems and to assist the department in providing technical assistance to local governments. The committee shall include representatives of the county sheriffs, the police chiefs, the county prosecuting attorneys, the county and city legislative authorities, and the jail administrators. The secretary may contract with other state and local agencies and provide funding in order to provide the assistance requested by counties.

             (8) The department shall establish a base level of state correctional services, which shall be determined and distributed in a consistent manner state-wide. The department's contributions to any local government, approved pursuant to this section, shall not operate to reduce this base level of services.

             (9) The council shall establish an advisory committee on juvenile justice proportionality. The council shall appoint the county juvenile court administrator and at least five citizens as advisory committee members. The citizen advisory committee members shall be representative of the county's ethnic and geographic diversity. The advisory committee members shall serve two-year terms and may be reappointed. The duties of the advisory committee include:

             (a) Monitoring and reporting to the juvenile disposition standards commission on the proportionality, effectiveness, and cultural relevance of:

             (i) The rehabilitative goals required by juvenile offender dispositions;

             (ii) The rehabilitative services offered by county and state institutions to juvenile offenders; and

             (iii) The rehabilitative services offered in conjunction with diversions, deferred sentences, community supervision, and parole;

             (b) Reviewing citizen complaints regarding bias or disproportionality in that county's juvenile justice system;

             (c) By September 1 of each year, beginning with 1995, submit to the juvenile disposition standards commission a report summarizing the advisory committee's findings under (a) and (b) of this subsection.


             Sec. 708. RCW 13.06.050 and 1993 c 415 s 7 are each amended to read as follows:

             No county shall be entitled to receive any state funds provided by this chapter until its application and plan are approved, and unless and until the minimum standards prescribed by the department of social and health services are complied with and then only on such terms as are set forth in this section. In addition, any county making application for state funds under this chapter that also operates a juvenile detention facility must have standards of operations in place that include: Intake and admissions, medical and health care, communication, correspondence, visiting and telephone use, security and control, sanitation and hygiene, juvenile rights, rules and discipline, property, juvenile records, safety and emergency procedures, programming, release and transfer, training and staff development, and food service.

             (1) The distribution of funds to a county or a group of counties shall be based on criteria including but not limited to the county's per capita income, regional or county at-risk populations, juvenile crime or arrest rates, rates of poverty, size of racial minority populations, and existing programs((, and the effectiveness and efficiency of consolidating local programs towards reducing commitments to state correctional facilities for offenders whose standard range disposition does not include commitment of the offender to the department and reducing reliance on other traditional departmental services)).

             (2) The department may not place caps on commitments to the department or otherwise limit a county's ability to commit juvenile offenders to the department. The department's disbursal of funds under this chapter may not be conditioned on the number of juveniles committed to the department.

             (3) The secretary will reimburse a county upon presentation and approval of a valid claim pursuant to the provisions of this chapter based on actual performance in meeting the terms and conditions of the approved plan and contract. Funds received by participating counties under this chapter shall not be used to replace local funds for existing programs.

             (((3))) (4) The secretary, in conjunction with the human rights commission, shall evaluate the effectiveness of programs funded under this chapter in reducing racial disproportionality. The secretary shall investigate whether implementation of such programs has reduced disproportionality in counties with initially high levels of disproportionality. The analysis shall indicate which programs are cost-effective in reducing disproportionality in such areas as alternatives to detention, intake and risk assessment standards pursuant to RCW 13.40.038, alternatives to incarceration, and in the prosecution and adjudication of juveniles. The secretary shall report his or her findings to the legislature by December 1, 1994, and December 1 of each year thereafter.


B. STUDIES CONCERNING JUVENILE JUSTICE


             NEW SECTION. Sec. 709. The legislature finds that:

             Local jurisdictions have difficulty administering and enforcing the laws related to juvenile offenders;

             These difficulties include the local jurisdictions' abilities to arrest, adjudicate, confine, administer, and supervise juvenile offenders;

             These difficulties have resulted in significant delays in the administration of justice to juvenile offenders;

             These difficulties may be due to a number of factors, including, but not necessarily limited to, resource limitations within the various units of government charged with the responsibility for administering and enforcing laws related to juvenile offenders.

             Therefore, effective July 1, 1994, a special legislative committee is created to assess the ability and needs of the state and local jurisdictions to address adequately the administration of justice to juvenile offenders. Specifically, this committee shall review the implementation and administration of:

             (1) Chapter 13.04 RCW, the basic juvenile court act;

             (2) Chapter 13.06 RCW, consolidated juvenile services funding;

             (3) Chapter 13.16 RCW, places of detention;

             (4) Chapter 13.20 RCW, county detention facilities; and

             (5) Chapter 13.40 RCW, the juvenile justice act of 1977.

             The committee established under this section shall consist of two members, who shall not be members of the same caucus, from each of the following: The house of representatives committees on corrections, judiciary, appropriations, human services, and capital budget; and the senate committees on law and justice and health and human services; and four members, no more than two of whom shall be members of the same caucus, from the senate ways and means committee. The speaker of the house of representatives shall appoint the members from the house of representatives, and the president of the senate shall appoint the members from the senate. This committee shall meet and conduct hearings as often as is necessary to carry out its responsibilities under this section.

             The special committee shall receive access to all relevant information necessary to monitor the conduct of agencies or employees. All confidential information received by the special committee under this section shall be kept confidential by members of the committee and shall not be further disseminated unless specifically authorized by state or federal law.

             The special committee shall report its findings and make recommendations regarding the issues and chapters cited in this section in a report submitted to the legislature before the 1996 regular session of the legislature.

             The special committee, unless recreated by the legislature, shall cease to exist after submitting the report required under this section.


             NEW SECTION. Sec. 710. (1) The office of the administrator for the courts shall convene a work group to recommend to the legislature standards to guide the court's discretion at significant stages of the juvenile justice process. The work group shall consist of two juvenile court judges, two juvenile court administrators, two prosecuting attorneys or deputy prosecuting attorneys actively practicing in juvenile court, and two defense attorneys actively practicing in juvenile court. The work group shall, by September 1, 1994, recommend to the legislature standards to guide:

             (a) The decision to defer adjudication;

             (b) The decision to suspend a sentence;

             (c) The setting of rehabilitative goals in a disposition order that includes commitment to the department of social and health services;

             (d) The determination that a juvenile has or has not met the rehabilitative goals during the term of commitment to the department of social and health services; and

             (e) The decision to set a date for a juvenile's release from the department of social and health services' custody.

             (2) The office of the administrator for the courts shall convene a work group of at least five juvenile court administrators to establish a state-wide uniform process for conducting the predisposition, evaluation required by section 806, chapter . . ., Laws of 1994 (section 806 of this act).

             The work group shall, by January 1, 1995, provide to the office of the administrator for the courts a recommendation for a state-wide uniform evaluation process.


C. JUVENILE DISPOSITION STANDARDS


             Sec. 711. RCW 13.40.020 and 1993 c 373 s 1 are each amended to read as follows:

             For the purposes of this chapter:

             (1) "Serious offender" means a person ((fifteen years of age or older)) who has committed an offense which if committed by an adult would be:

             (a) A class A felony, or an attempt to commit a class A felony;

             (b) Manslaughter in the first degree; or

             (c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon ((or firearm as defined in RCW 9A.04.110));

             (2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;

             (3) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department and an order granting a deferred adjudication pursuant to section 714 of this act. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. Community supervision is an individualized program comprised of one or more of the following:

             (a) Community-based sanctions;

             (b) Community-based rehabilitation;

             (c) Monitoring and reporting requirements;

             (4) Community-based sanctions may include one or more of the following:

             (a) A fine, not to exceed one hundred dollars;

             (b) Community service not to exceed one hundred fifty hours of service;

             (5) "Community-based rehabilitation" means one or more of the following: Attendance of information classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;

             (6) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the ((probation)) community supervision officer as directed and to remain under the ((probation)) community supervision officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

             (7) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. "Confinement" includes state and county group homes, foster care homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court and may be served in a detention group home, detention foster home, or with electronic monitoring. Detention group homes and detention foster homes used for confinement shall not also be used for the placement of dependent children. Confinement in detention group homes and detention foster homes and electronic monitoring are subject to available funds;

             (8) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);

             (9) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:

             (a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or

             (b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. Successfully completed deferred adjudications shall not be considered part of the respondent's criminal history;

             (10) "Department" means the department of social and health services;

             (11) "Detention facility" means a county facility for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, foster care homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;

             (12) "Diversion unit" means any ((probation)) community supervision counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;

             (13) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

             (14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;

             (15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;

             (16) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile, would fail to promote the juvenile's best rehabilitative interest, or would impose a serious, and clear danger to society in light of the purposes of this chapter;

             (17) "Middle offender" means a person who has committed an offense and who is neither a minor ((or first)) offender nor a serious offender;

             (18) "Minor ((or first)) offender" means a person ((sixteen years of age or younger)) whose current offense(s) and criminal history fall entirely within one of the following categories:

             (a) Four misdemeanors;

             (b) Two misdemeanors and one gross misdemeanor;

             (c) One misdemeanor and two gross misdemeanors; or

             (d) Three gross misdemeanors((;

             (e) One class C felony except manslaughter in the second degree and one misdemeanor or gross misdemeanor;

             (f) One class B felony except: Any felony which constitutes an attempt to commit a class A felony; manslaughter in the first degree; assault in the second degree; extortion in the first degree; indecent liberties; kidnapping in the second degree; robbery in the second degree; burglary in the second degree; residential burglary; vehicular homicide; or arson in the second degree)).

             For purposes of this definition, current violations shall be counted as misdemeanors;

             (19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

             (20) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

             (21) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

             (22) "Secretary" means the secretary of the department of social and health services;

             (23) "Services" mean services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

             (24) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

             (25) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;

             (26) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

             (27) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;

             (28) "Deadly weapon" means a deadly weapon as defined in RCW 9.94A.125;

             (29) "Assistant secretary" means the assistant secretary for juvenile rehabilitation within the department;

             (30) "Violent offense" means a violent offense as defined in RCW 9.94A.030;

             (31) "Placement out of the home" means placement for twenty-four hour residential care in foster or group care or with a court-approved custodian. Placement out of the home in county or state-funded placements is subject to available funds and beds.


             Sec. 712. RCW 13.40.070 and 1992 c 205 s 107 are each amended to read as follows:

             (1) Complaints referred to the juvenile court alleging the commission of an offense shall be referred directly to the prosecutor. The prosecutor, upon receipt of a complaint, shall screen the complaint to determine whether:

             (a) The alleged facts bring the case within the jurisdiction of the court; and

             (b) On a basis of available evidence there is probable cause to believe that the juvenile did commit the offense.

             (2) If the identical alleged acts constitute an offense under both the law of this state and an ordinance of any city or county of this state, state law shall govern the prosecutor's screening and charging decision for both filed and diverted cases.

             (3) If the requirements of subsections (1) (a) and (b) of this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5), (6), and (7) of this section. If the prosecutor finds that the requirements of subsection (1) (a) and (b) of this section are not met, the prosecutor shall maintain a record, for one year, of such decision and the reasons therefor. In lieu of filing an information or diverting an offense a prosecutor may file a motion to modify community supervision where such offense constitutes a violation of community supervision.

             (4) An information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting attorney and conform to chapter 10.37 RCW.

             (5) Where a case is legally sufficient, the prosecutor shall file an information with the juvenile court if:

             (a) An alleged offender is accused of a class A felony, a class B felony, an attempt to commit a class B felony, a class C felony listed in RCW 9.94A.440(2) as a crime against persons or listed in RCW 9A.46.060 as a crime of harassment, a class C felony that is a violation of RCW 9.41.080 or 9.41.040(1)(e), or any other offense listed in RCW 13.40.020(1) (b) or (c); or

             (b) An alleged offender is accused of a felony and has a criminal history of ((at least one class A or class B felony, or two class C felonies)) any felony, or at least two gross misdemeanors, or at least two misdemeanors ((and one additional misdemeanor or gross misdemeanor, or at least one class C felony and one misdemeanor or gross misdemeanor)); or

             (c) An alleged offender has previously been committed to the department; or

             (d) An alleged offender has been referred by a diversion unit for prosecution or desires prosecution instead of diversion; or

             (e) An alleged offender has three or more diversion((s)) contracts on the alleged offender's criminal history; or

             (f) A special allegation has been filed that the offender or an accomplice was armed with a deadly weapon when the offense was committed.

             (6) Where a case is legally sufficient the prosecutor shall divert the case if the alleged offense is a misdemeanor or gross misdemeanor or violation and the alleged ((offense(s) in combination with the alleged offender's criminal history do not exceed two offenses or violations and do not include any felonies: PROVIDED, That)) offense is the offender's first offense or violation. If the alleged offender is charged with a related offense that must or may be filed under subsections (5) and (7) of this section, a case under this subsection may also be filed.

             (7) Where a case is legally sufficient and falls into neither subsection (5) nor (6) of this section, it may be filed or diverted. In deciding whether to file or divert an offense under this section the prosecutor shall be guided only by the length, seriousness, and recency of the alleged offender's criminal history and the circumstances surrounding the commission of the alleged offense.

             (8) Whenever a juvenile is placed in custody or, where not placed in custody, referred to a diversionary interview, the parent or legal guardian of the juvenile shall be notified as soon as possible concerning the allegation made against the juvenile and the current status of the juvenile. Where a case involves victims of crimes against persons or victims whose property has not been recovered at the time a juvenile is referred to a diversionary unit, the victim shall be notified of the referral and informed how to contact the unit.

             (9) The responsibilities of the prosecutor under subsections (1) through (8) of this section may be performed by a juvenile court ((probation)) community supervision counselor for any complaint referred to the court alleging the commission of an offense which would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court that the prosecutor will not review such complaints.

             (10) The prosecutor, juvenile court ((probation)) community supervision counselor, or diversion unit may, in exercising their authority under this section or RCW 13.40.080, refer juveniles to mediation or victim offender reconciliation programs. Such mediation or victim offender reconciliation programs shall be voluntary for victims.


             Sec. 713. RCW 13.40.080 and 1992 c 205 s 108 are each amended to read as follows:

             (1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. The juvenile's custodial parent or parents or guardian shall be parties to the diversion agreement. Such agreements may be entered into only after the prosecutor, or ((probation)) community supervision counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.

             (2) A diversion agreement shall be limited to one or more of the following:

             (a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;

             (b) Restitution limited to the amount of actual loss incurred by the victim, and to an amount the juvenile has the means or potential means to pay;

             (c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency: PROVIDED, That the state shall not be liable for costs resulting from the diversionary unit exercising the option to permit diversion agreements to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions; ((and))

             (d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed; and

             (e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas.

             (3) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian and victims who have contacted the diversionary unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.

             (4) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee. Any restitution assessed during its term may not exceed an amount which the juvenile could be reasonably expected to pay during this period. If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.

             (5) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.

             (6) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:

             (a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;

             (b) Violation of the terms of the agreement shall be the only grounds for termination;

             (c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:

             (i) Written notice of alleged violations of the conditions of the diversion program; and

             (ii) Disclosure of all evidence to be offered against the divertee;

             (d) The hearing shall be conducted by the juvenile court and shall include:

             (i) Opportunity to be heard in person and to present evidence;

             (ii) The right to confront and cross-examine all adverse witnesses;

             (iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and

             (iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.

             (e) The prosecutor may file an information on the offense for which the divertee was diverted:

             (i) In juvenile court if the divertee is under eighteen years of age; or

             (ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.

             (7) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.

             (8) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.

             (9) The diversion unit may refer a juvenile to community-based counseling or treatment programs.

             (10) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.

             The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9) ((as now or hereafter amended)). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversionary unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.

             (11) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:

             (a) The fact that a charge or charges were made;

             (b) The fact that a diversion agreement was entered into;

             (c) The juvenile's obligations under such agreement;

             (d) Whether the alleged offender performed his or her obligations under such agreement; and

             (e) The facts of the alleged offense.

             (12) A diversionary unit may refuse to enter into a diversion agreement with a juvenile. When a diversionary unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversionary unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.

             (13) A diversionary unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9) ((as now or hereafter amended)). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversionary unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.

             (14) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.

             (15) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community service. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

             (16) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.


             NEW SECTION. Sec. 714. A new section is added to chapter 13.40 RCW to read as follows:

             (1) At any time before adjudication, the juvenile court has the power, after consulting the juvenile's custodial parent or parents or guardian and with the consent of the juvenile, to continue the case for a period not to exceed one year from the date of entry of the plea or finding of guilt. The court may continue the case for an additional one-year period for good cause.

             (2) Any juvenile granted a deferral of adjudication under this section shall be placed under community supervision. The court may impose any conditions of supervision that it deems appropriate. Payment of restitution, as provided in RCW 13.40.190 shall also be a condition of community supervision under this section.

             (3) Upon full compliance with such conditions of supervision, the court shall dismiss the case with prejudice.

             (4) If the juvenile fails to comply with the terms of supervision, the court shall enter an order of adjudication and proceed to disposition. The juvenile's lack of compliance shall be determined by the judge upon written motion by the prosecutor or the juvenile's juvenile court community supervision counselor. The state shall bear the burden to prove by a preponderance of the evidence that the juvenile has failed to comply with the terms of community supervision.     (5) If the juvenile agrees to a deferral of adjudication, the juvenile shall waive all rights:

             (a) To a speedy trial and disposition;

             (b) To call and confront witnesses; and

             (c) To a hearing on the record. The adjudicatory hearing shall be limited to a reading of the court's record.

             (6)(a) In addition to imposing conditions of community supervision, the court may order that the juvenile be placed in a placement out of the home if the court finds that the child is in need of supervision and that placement of the child out of the home is in the child's best interests. The court shall consider the following factors, among others, when determining whether to place the child out of the home:

             (i) The age of the youth;

             (ii) Whether the child has a history of running away from home, school absences, drug or alcohol abuse, assaultive behavior, curfew violations, or is beyond the control of his or her parent to the extent that the child's behavior substantially endangers the health, safety, or welfare of the child or any other person;

             (iii) The community supervision officer's report concerning the family environment;

             (iv) Assessment of the child's chances of successfully complying with the terms of community supervision if the child remains in the home; and

             (v) The wishes of the parents, the parent's willingness and ability to assist the child in complying with the terms of community supervision, and the parent's willingness and ability to voluntarily attend counseling or parenting seminars, or to seek treatment if the parent, in the court's determination, has drug or alcohol problems, mental health problems, or anger management problems.

             (b) If the court finds that placement out of the home is necessary and is in the best interests of the juvenile and community and that reasonable efforts have been made to prevent out-of-home placement, the court shall order an out-of-home placement, subject to available funds and beds. The order shall be directed to the receiving agency or person. In determining the location of the out-of-home placement the court shall consider the needs of the juvenile, the juvenile's family, and the community. The court shall first consider placement with a relative and shall accord great weight to the juvenile's community supervision officer's placement recommendation.

             (c) A placement out of the home shall not exceed one year. The court shall review the placement every ninety days. The juvenile's community supervision officer shall request from the receiving agency or person information on the placement, and the community supervision officer shall include this information and other relevant information in a report to be presented to the court at the placement review. The review shall be conducted administratively.

             (d) The court shall enter findings articulating the basis for the placement and the basis for selecting the particular placement.

             (e) If the receiving agency or person determines that the juvenile is inappropriately placed, the agency or person may file with the court a petition for reconsideration.

             (f) Nothing in this section authorizes a juvenile court judge to place a juvenile in a state-funded out of home placement unless the department agrees to the placement.

              (7) This section shall not apply if the juvenile is charged with a violent or sex offense or if the juvenile has had a prior deferred adjudication.


             NEW SECTION. Sec. 715. State funds appropriated for the purposes of section 714 of this act in the 1994 supplemental operating budget do not constitute an on-going funding commitment of the state.


             Sec. 716. RCW 13.40.0357 and 1989 c 407 s 7 are each amended to read as follows:


SCHEDULE A

DESCRIPTION AND OFFENSE CATEGORY


                                                                                                                                                JUVENILE

             JUVENILE                                                                                                                DISPOSITION

             DISPOSITION                                                                                             CATEGORY FOR ATTEMPT              OFFENSE                                                                                                                 BAILJUMP, CONSPIRACY

             CATEGORY                 DESCRIPTION (RCW CITATION)                                 OR SOLICITATION

_______________..


                                       Arson and Malicious Mischief

             A                       Arson 1 (9A.48.020)                                                                                    B+

             B                       Arson 2 (9A.48.030)                                                                                    C

             C                       Reckless Burning 1 (9A.48.040)                                                                  D

             D                       Reckless Burning 2 (9A.48.050)                                                                  E

             B                       Malicious Mischief 1 (9A.48.070)                                                               C

             C                       Malicious Mischief 2 (9A.48.080)                                                               D

             D                       Malicious Mischief 3 (<$50 is

                                       E class) (9A.48.090)                                                                                    E

             E                       Tampering with Fire Alarm

                                       Apparatus (9.40.100)                                                                                   E

             A                       Possession of Incendiary Device

                                       (9.40.120)                                                                                                     B+


                                       Assault and Other Crimes

                                       Involving Physical Harm

             A                       Assault 1 (9A.36.011)                                                                                  B+

             B+                     Assault 2 (9A.36.021)                                                                                  C+

             C+                     Assault 3 (9A.36.031)                                                                                  D+

             D+                     Assault 4 (9A.36.041)                                                                                  E

             D+                     Reckless Endangerment

                                       (9A.36.050)                                                                                                  E

             C+                     Promoting Suicide Attempt

                                       (9A.36.060)                                                                                                  D+

             D+                     Coercion (9A.36.070)                                                                                  E

             C+                     Custodial Assault (9A.36.100)                                                                     D+


                                       Burglary and Trespass

             B+                     Burglary 1 (9A.52.020)                                                                   C+

             B                       Burglary 2 (9A.52.030)                                                                   C

             D                       Burglary Tools (Possession of)

                                       (9A.52.060)                                                                                                  E

             D                       Criminal Trespass 1 (9A.52.070)                                                                 E

             E                       Criminal Trespass 2 (9A.52.080)                                                                 E

             D                       Vehicle Prowling (9A.52.100)                                                                     E


                                       Drugs

             E                       Possession/Consumption of Alcohol

                                       (66.44.270)                                                                                                   E

             C                       Illegally Obtaining Legend Drug

                                       (69.41.020)                                                                                                   D

             C+                     Sale, Delivery, Possession of Legend

                                       Drug with Intent to Sell

                                       (69.41.030)                                                                                                   D+

             E                       Possession of Legend Drug

                                       (69.41.030)                                                                                                   E

             B+                     Violation of Uniform Controlled

                                       Substances Act - Narcotic Sale

                                       (69.50.401(a)(1)(i))                                                                                      B+

             C                       Violation of Uniform Controlled

                                       Substances Act - Nonnarcotic Sale

                                       (69.50.401(a)(1)(ii))                                                                                     C

             E                       Possession of Marihuana <40 grams

                                       (69.50.401(e))                                                                                              E

             C                       Fraudulently Obtaining Controlled

                                       Substance (69.50.403)                                                                                  C

             C+                     Sale of Controlled Substance

                                       for Profit (69.50.410)                                                                                   C+

             E                       ((Glue Sniffing (9.47A.050)))                                                                      E

                                       Unlawful Inhalation (9.47A.020)

             B                       Violation of Uniform Controlled

                                       Substances Act - Narcotic

                                       Counterfeit Substances

                                       (69.50.401(b)(1)(i))                                                                                      B

             C                       Violation of Uniform Controlled

                                       Substances Act - Nonnarcotic

                                       Counterfeit Substances

                                       (69.50.401(b)(1) (ii), (iii), (iv))                                                                    C

             C                       Violation of Uniform Controlled

                                       Substances Act - Possession of a

                                       Controlled Substance

                                       (69.50.401(d))                                                                                              C

             C                       Violation of Uniform Controlled

                                       Substances Act - Possession of a

                                       Controlled Substance

                                       (69.50.401(c))                                                                                              C


                                       Firearms and Weapons

             ((C+                  Committing Crime when Armed

                                       (9.41.025)                                                                                                     D+

             E                       Carrying Loaded Pistol Without

                                       Permit (9.41.050)                                                                                         E

             E)) C    ((Use)) Possession of Firearms

                                        by Minor (((<14))) (<18)

                                       (((9.41.240))) (9.41.040(1)(e))   ((E))                                                         C

             D+                     Possession of Dangerous Weapon

                                       (9.41.250)                                                                                                     E

             D                       Intimidating Another Person by use

                                       of Weapon (9.41.270)                                                                                  E

             C                       Delivery of Firearm by Minor

                                       (9.41.080)                                                                                                     C


                                       Homicide

             A+                     Murder 1 (9A.32.030)                                                                                  A

             A+                     Murder 2 (9A.32.050)                                                                                  B+

             B+                     Manslaughter 1 (9A.32.060)                                                                        C+

             C+                     Manslaughter 2 (9A.32.070)                                                                        D+

             B+                     Vehicular Homicide (46.61.520)                                                                  C+


                                       Kidnapping

             A                       Kidnap 1 (9A.40.020)                                                                                  B+

             B+                     Kidnap 2 (9A.40.030)                                                                                  C+

             C+                     Unlawful Imprisonment

                                       (9A.40.040)                                                                                                  D+

             ((D                    Custodial Interference

                                       (9A.40.050)                                                                                                  E))


                                       Obstructing Governmental Operation

             E                       Obstructing a Public Servant

                                       (9A.76.020)                                                                                                  E

             E                       Resisting Arrest (9A.76.040)                                                                       E

             B                       Introducing Contraband 1

                                       (9A.76.140)                                                                                                  C

             C                       Introducing Contraband 2

                                       (9A.76.150)                                                                                                  D

             E                       Introducing Contraband 3

                                       (9A.76.160)                                                                                                  E

             B+                     Intimidating a Public Servant

                                       (9A.76.180)                                                                                                  C+

             B+                     Intimidating a Witness

                                       (9A.72.110)                                                                                                  C+

             ((E                     Criminal Contempt

                                       (9.23.010)                                                                                                     E))


                                       Public Disturbance

             C+                     Riot with Weapon (9A.84.010)                                                                    D+

             D+                     Riot Without Weapon

                                       (9A.84.010)                                                                                                  E

             E                       Failure to Disperse (9A.84.020)                                                      E

             E                       Disorderly Conduct (9A.84.030)                                                                 E


                                       Sex Crimes

             A                       Rape 1 (9A.44.040)                                                                                      B+

             A-                     Rape 2 (9A.44.050)                                                                                      B+

             C+                     Rape 3 (9A.44.060)                                                                                      D+

             A-                     Rape of a Child 1 (9A.44.073)                                                                     B+

             B                       Rape of a Child 2 (9A.44.076)                                                                     C+

             B                       Incest 1 (9A.64.020(1))                                                                   C

             C                       Incest 2 (9A.64.020(2))                                                                   D

             D+                     ((Public Indecency)) Indecent Exposure

                                       (Victim <14) (9A.88.010)                                                                            E

             E                       ((Public Indecency)) Indecent Exposure

                                       (Victim 14 or over) (9A.88.010)                                                                  E

             B+                     Promoting Prostitution 1

                                       (9A.88.070)                                                                                                  C+

             C+                     Promoting Prostitution 2

                                       (9A.88.080)                                                                                                  D+

             E                       O & A (Prostitution) (9A.88.030)                                                                E

             B+                     Indecent Liberties (9A.44.100)                                                                    C+

             B+                     Child Molestation 1 (9A.44.083)                                                                 C+

             C+                     Child Molestation 2 (9A.44.086)                                                                 C


                                       Theft, Robbery, Extortion, and Forgery

             B                       Theft 1 (9A.56.030)                                                                                     C

             C                       Theft 2 (9A.56.040)                                                                                     D

             D                       Theft 3 (9A.56.050)                                                                                     E

             B                       Theft of Livestock (9A.56.080)                                                      C

             C                       Forgery (((9A.56.020))) (9A.60.020)                                                           D

             A                       Robbery 1 (9A.56.200)                                                                   B+

             B+                     Robbery 2 (9A.56.210)                                                                   C+

             B+                     Extortion 1 (9A.56.120)                                                                               C+

             C+                     Extortion 2 (9A.56.130)                                                                               D+

             B                       Possession of Stolen Property 1

                                       (9A.56.150)                                                                                                  C

             C                       Possession of Stolen Property 2

                                       (9A.56.160)                                                                                                  D

             D                       Possession of Stolen Property 3

                                       (9A.56.170)                                                                                                  E

             C                       Taking Motor Vehicle Without

                                       Owner's Permission (9A.56.070)                                                                 D


                                       Motor Vehicle Related Crimes

             E                       Driving Without a License

                                       (46.20.021)                                                                                                   E

             C                       Hit and Run - Injury

                                       (46.52.020(4))                                                                                              D

             D                       Hit and Run-Attended

                                       (46.52.020(5))                                                                                              E

             E                       Hit and Run-Unattended

                                       (46.52.010)                                                                                                   E

             C                       Vehicular Assault (46.61.522)                                                                     D

             C                       Attempting to Elude Pursuing

                                       Police Vehicle (46.61.024)                                                                           D

             E                       Reckless Driving (46.61.500)                                                                      E

             D                       Driving While Under the Influence

                                       (46.61.515)                                                                                                   E

             ((B+                  Negligent Homicide by Motor

                                       Vehicle (46.61.520)                                                                                     C+))

             D                       Vehicle Prowling (9A.52.100)                                                                     E

             C                       Taking Motor Vehicle Without

                                       Owner's Permission (9A.56.070)                                                                 D


                                       Other

             B                       Bomb Threat (9.61.160)                                                                               C

             C                       Escape 11 (9A.76.110)                                                                                 C

             C                       Escape 21 (9A.76.120)                                                                                 C

             D                       Escape 3 (9A.76.130)                                                                                   E

             C                       Failure to Appear in Court

                                       (10.19.130)                                                                                                   D

             ((E                     Tampering with Fire Alarm

                                       Apparatus (9.40.100)                                                                                   E))

             E                       Obscene, Harassing, Etc.,

                                       Phone Calls (9.61.230)                                                                                 E

             A                       Other Offense Equivalent to an

                                       Adult Class A Felony                                                                                   B+

             B                       Other Offense Equivalent to an

                                       Adult Class B Felony                                                                                   C

             C                       Other Offense Equivalent to an

                                       Adult Class C Felony                                                                                   D

             D                       Other Offense Equivalent to an

                                       Adult Gross Misdemeanor                                                                           E

             E                       Other Offense Equivalent to an

                                       Adult Misdemeanor                                                                                     E

             V                       Violation of Order of Restitution,

                                       Community Supervision, or

                                       Confinement (13.40.200)2                                                                           V


1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:


             1st escape or attempted escape during 12-month period - 4 weeks confinement

             2nd escape or attempted escape during 12-month period - 8 weeks confinement

             3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement


2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.


SCHEDULE B

PRIOR OFFENSE INCREASE FACTOR


             For use with all CURRENT OFFENSES occurring on or after July 1, 1989.


TIME SPAN


             OFFENSE                                    0-12                                            13-24                              25 Months

             CATEGORY                              Months                                        Months                            or More

_______________..

             A+                                               .9                                                 .9                                    .9

             A                                                 .9                                                 .8                                    .6

             A-                                                .9                                                 .8                                    .5

             B+                                               .9                                                 .7                                    .4

             B                                                 .9                                                 .6                                    .3

             C+                                               .6                                                 .3                                    .2

             C                                                 .5                                                 .2                                    .2

             D+                                               .3                                                 .2                                    .1

             D                                                 .2                                                 .1                                    .1

             E                                                 .1                                                 .1                                    .1


Prior history - Any offense in which a diversion agreement or counsel and release form was signed, or any offense which has been adjudicated by court to be correct prior to the commission of the current offense(s).


SCHEDULE C

CURRENT OFFENSE POINTS


             For use with all CURRENT OFFENSES occurring on or after July 1, 1989.


AGE


             OFFENSE        12 &

             CATEGORY    Under                13                      14                      15                      16                      17

_______________........

             A+                                  STANDARD RANGE 180-224 WEEKS

             A                       250                    300                    350                    375                    375                    375

             A-                     150                    150                    150                    200                    200                    200

             B+                     110                    110                    120                    130                    140                    150

             B                       45                      45                      50                      50                      57                      57

             C+                     44                      44                      49                      49                      55                      55

             C                       40                      40                      45                      45                      50                      50

             D+                     16                      18                      20                      22                      24                      26

             D                       14                      16                      18                      20                      22                      24

             E                       4                        4                        4                        6                        8                        10


JUVENILE SENTENCING STANDARDS

SCHEDULE D-1


This schedule may only be used for ((minor/first)) minor offenders. After the determination is made that a youth is a ((minor/first)) minor offender, the court has the discretion to select sentencing option A, B, or C.


((MINOR/FIRST)) MINOR OFFENDER


OPTION A

STANDARD RANGE

                                                                                                        Community

                                       Community                                              Service

Points                             Supervision                                              Hours                                          Fine

1-9                                 0-3 months                                               and/or 0-8                                   and/or 0-$10

10-19                              0-3 months                                               and/or 0-8                                   and/or 0-$10

20-29                              0-3 months                                               and/or 0-16                                 and/or 0-$10

30-39                              0-3 months                                               and/or 8-24                                 and/or 0-$25

40-49                              3-6 months                                               and/or 16-32                               and/or 0-$25

50-59                              3-6 months                                               and/or 24-40                               and/or 0-$25

60-69                              6-9 months                                               and/or 32-48                               and/or 0-$50

70-79                              6-9 months                                               and/or 40-56                               and/or 0-$50

80-89                              9-12 months                                             and/or 48-64                               and/or 10-$100

90-109                            9-12 months                                             and/or 56-72                               and/or 10-$100

OR


OPTION B

STATUTORY OPTION


0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine


A term of community supervision with a maximum of 150 hours, $100.00 fine, and 12 months supervision.


OR


OPTION C

MANIFEST INJUSTICE


When a term of community supervision would effectuate a manifest injustice, another disposition may be imposed. When a judge imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term and the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2) shall be used to determine the range.



JUVENILE SENTENCING STANDARDS

SCHEDULE D-2


This schedule may only be used for middle offenders. After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, or C.


MIDDLE OFFENDER

OPTION A

STANDARD RANGE


                                                                              Community

                                       Community                    Service                                                                       Confinement

Points                             Supervision                    Hours                                          Fine                         Days Weeks

 

1-9                                 0-3 months                     and/or 0-8                     and/or 0-$10                                 and/or 0

10-19                              0-3 months                     and/or 0-8       and/or 0-$10                                              and/or 0

20-29                              0-3 months                     and/or 0-16     and/or 0-$10                                              and/or 0

30-39                              0-3 months                     and/or 8-24     and/or 0-$25                                           and/or 2-4

40-49                              3-6 months                     and/or 16-32   and/or 0-$25                                           and/or 2-4

50-59                              3-6 months                     and/or 24-40   and/or 0-$25                                         and/or 5-10

60-69                              6-9 months                     and/or 32-48   and/or 0-$50                                         and/or 5-10

70-79                              6-9 months                     and/or 40-56   and/or 0-$50                                       and/or 10-20

80-89                              9-12 months                   and/or 48-64   and/or 0-$100                                     and/or 10-20

90-109                            9-12 months                   and/or 56-72   and/or 0-$100                                     and/or 15-30

110-129                                                                                                                                                                  8-12

130-149                                                                                                                                                                13-16

150-199                                                                                                                                                                21-28

200-249                                                                                                                                                                30-40

250-299                                                                                                                                                                52-65

300-374                                                                                                                                                              80-100

375+                                                                                                                                                                 103-129

Middle offenders with more than 110 points do not have to be committed. They may be assigned community supervision under option B.

All A+ offenses 180-224 weeks


OR


OPTION B

STATUTORY OPTION


0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine


If the middle offender has less than 110 points, the court may impose a determinate disposition of community supervision and/or up to 30 days confinement; in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150((, as now or hereafter amended)). If the middle offender has more than 110 points, the court may impose a disposition under option A and may suspend the disposition on the condition that the offender serve up to thirty days of confinement and follow all conditions of community supervision. If the offender fails to comply with the terms of community supervision, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order execution of the disposition. If the court imposes confinement under this option B, the court shall state either aggravating or mitigating factors set forth in RCW 13.40.150.


OR


OPTION C

MANIFEST INJUSTICE


If the court determines that a disposition under A or B would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term and the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2) shall be used to determine the range.


JUVENILE SENTENCING STANDARDS

SCHEDULE D-3


This schedule may only be used for serious offenders. After the determination is made that a youth is a serious offender, the court has the discretion to select sentencing option A or B.


SERIOUS OFFENDER

OPTION A

STANDARD RANGE


                          Points                                                                                              Institution Time


                          0-129                                                                                               8-12 weeks

                          130-149                                                                                           13-16 weeks

                          150-199                                                                                           21-28 weeks

                          200-249                                                                                           30-40 weeks

                          250-299                                                                                           52-65 weeks

                          300-374                                                                                           80-100 weeks

                          375+                                                                                                103-129 weeks

                          All A+

                          Offenses                                                                                          180-224 weeks


OR


OPTION B

MANIFEST INJUSTICE


A disposition outside the standard range shall be determined and shall be comprised of confinement or community supervision or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2) shall be used to determine the range.


             Sec. 717. RCW 13.40.160 and 1992 c 45 s 6 are each amended to read as follows:

             (1) When the respondent is found to be a serious offender, the court shall commit the offender to the department for the standard range of disposition for the offense, as indicated in option A of schedule D-3, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section.

             If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option B of schedule D-3, RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

             A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((, as now or hereafter amended,)) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230((, as now or hereafter amended,)) by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230 ((as now or hereafter amended)).

             (2) Where the respondent is found to be a minor ((or first)) offender, the court shall order that the respondent serve a term of community supervision as indicated in option A or option B of schedule D-1, RCW 13.40.0357 except as provided in subsection (5) of this section. If the court determines that a disposition of community supervision would effectuate a manifest injustice the court may impose another disposition under option C of schedule D-1, RCW 13.40.0357. Except as provided in subsection (5) of this section, a disposition other than a community supervision may be imposed only after the court enters reasons upon which it bases its conclusions that imposition of community supervision would effectuate a manifest injustice. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((, as now or hereafter amended,)) shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

             Except for disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section, a disposition may be appealed as provided in RCW 13.40.230((, as now or hereafter amended,)) by the state or the respondent. A disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section may not be appealed under RCW 13.40.230 ((as now or hereafter amended)).

             (3) Where a respondent is found to have committed an offense for which the respondent declined to enter into a diversion agreement, the court shall impose a term of community supervision limited to the conditions allowed in a diversion agreement as provided in RCW 13.40.080(2) ((as now or hereafter amended)).

             (4) If a respondent is found to be a middle offender:

             (a) The court shall impose a determinate disposition within the standard range(s) for such offense, as indicated in option A of schedule D-2, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section((: PROVIDED, That)). If the standard range includes a term of confinement exceeding thirty days, commitment shall be to the department ((for the standard range of confinement)); or

             (b) The court shall impose a determinate disposition of community supervision and/or up to thirty days confinement, as indicated in option B of schedule D-2, RCW 13.40.0357 in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150 ((as now or hereafter amended)).

             (c) Only if the court concludes, and enters reasons for its conclusions, that disposition as provided in subsection (4)(a) or (b) of this section would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((, as now or hereafter amended,)) shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

             (d) A disposition pursuant to subsection (4)(c) of this section is appealable under RCW 13.40.230((, as now or hereafter amended,)) by the state or the respondent. A disposition pursuant to subsection (4) (a) or (b) of this section is not appealable under RCW 13.40.230 ((as now or hereafter amended)).

             (5) When a serious, middle, or minor ((first)) offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.

             The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.

             The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

             (a)(i) Frequency and type of contact between the offender and therapist;

             (ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;

             (iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

             (iv) Anticipated length of treatment; and

             (v) Recommended crime-related prohibitions.

             The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

             After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, and the court may suspend the execution of the disposition and place the offender on community supervision for ((up to)) not less than two years. As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following:

             (b)(i) Devote time to a specific education, employment, or occupation;

             (ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the ((probation)) community supervision counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or ((probation)) community supervision counselor object to the change;

             (iii) Remain within prescribed geographical boundaries and notify the court or the ((probation)) community supervision counselor prior to any change in the offender's address, educational program, or employment;

             (iv) Report to the prosecutor and the ((probation)) community supervision counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court;

             (v) Report as directed to the court and a ((probation)) community supervision counselor;

             (vi) Pay all court-ordered legal financial obligations, perform community service, or any combination thereof; or

             (vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense.

             The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.

             At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

             Except as provided in this subsection (5), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (5) and the rules adopted by the department of health.

             If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the ((sentence)) disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition. The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition, in which case the term of confinement imposed for violating conditions of the disposition shall run consecutively to the term of confinement imposed under the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

             For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged. "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

             (6) Section 719 of this act shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(1)(e), delivery of a firearm in violation of RCW 9.41.080, theft of a firearm as defined in section 301 of this act, or any crime in which a special finding is entered that the juvenile was armed with a deadly weapon as provided in section 718 of this act.

             (7) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

             (((7))) (8) Except as provided for in subsection (5) of this section, section 714 of this act, and RCW 13.40.0357, the court shall not suspend or defer the imposition or the execution of the disposition.

             (((8))) (9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.

             (10) If a court does not exercise a disposition option available under this chapter due to a lack of available funds, services, or bed space, the court shall enter a finding in the disposition that an alternative disposition was not ordered due to the lack of available funds, services, or bed space.


             NEW SECTION. Sec. 718. A new section is added to chapter 13.40 RCW to read as follows:

             A prosecutor may file a special allegation that the offender or an accomplice was armed with a deadly weapon as defined in RCW 9.94A.125 when the offender committed the alleged offense. If a special allegation has been filed and the court finds that the offender committed the alleged offense, the court shall also make a finding whether the offender or an accomplice was armed with a deadly weapon when the offender committed the offense.


             NEW SECTION. Sec. 719. A new section is added to chapter 13.40 RCW to read as follows:

             (1) If a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040(1)(e), the court shall impose a determinate disposition of thirty days of confinement and up to twelve months of community supervision. If the offender's standard range of disposition for the offense as indicated in RCW 13.40.0357 is more than thirty days of confinement, the court shall commit the offender to the department for the standard range disposition. The offender shall not be released until the offender has served a minimum of thirty days in confinement.

             (2) If a respondent is found to have delivered a firearm in violation of RCW 9.41.080, the court shall commit the offender to the department for a minimum term of one hundred twenty days of confinement. If the offender's standard range of disposition for the offense as indicated in RCW 13.40.0357 is more than one hundred twenty days, the court shall commit the offender to the standard range disposition. The department shall not release the offender until the offender has served a minimum of one hundred twenty days in confinement.

             (3) If a respondent is found to have committed an offense of theft of a firearm as defined in section 301 of this act, the court shall commit the offender to the department for a minimum of one hundred twenty days confinement. If the offender's standard range of disposition for the offense as indicated in RCW 13.40.0357 is more than one hundred twenty days, the court shall commit the offender to the standard range disposition. The department shall not release the offender until the offender has served a minimum of one hundred twenty days in confinement.

             (4) If the court finds that the respondent or an accomplice was armed with a deadly weapon as provided in section 718 of this act, the court shall determine the standard range disposition for the offense pursuant to RCW 13.40.160. One hundred eighty days of confinement shall be added to the entire standard range disposition of confinement if the offender or an accomplice was armed with a deadly weapon when the offender committed: (a) Any violent offense; or (b) escape in the first degree (RCW 9A.76.110); burglary in the second degree (RCW 9A.52.030); theft of livestock in the first or second degree (RCW 9A.56.080); or any felony drug offense. If the offender or an accomplice was armed with a deadly weapon and the offender is being adjudicated for an anticipatory felony offense under chapter 9A.28 RCW to commit one of the offenses listed in this subsection, one hundred eighty days shall be added to the entire standard range disposition of confinement. The one hundred eighty days shall be imposed regardless of the offense's juvenile disposition offense category as designated in RCW 13.40.0357. The department shall not release the offender until the offender has served a minimum of one hundred eighty days in confinement, unless the juvenile is committed to and successfully completes the juvenile offender basic training camp disposition option.

             (5) Option B of schedule D-2, RCW 13.40.0357, shall not be available for middle offenders who receive a disposition under this section. When a disposition under this section would effectuate a manifest injustice, the court may impose another disposition. When a judge finds a manifest injustice and imposes a disposition of confinement exceeding thirty days, the court shall commit the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. When a judge finds a manifest injustice and imposes a disposition of confinement less than thirty days, the disposition shall be comprised of confinement or community supervision or both.

             (6) Any term of confinement ordered pursuant to this section shall run consecutively to any term of confinement imposed in the same disposition for other offenses.


             Sec. 720. RCW 13.40.180 and 1981 c 299 s 14 are each amended to read as follows:

             (1) Except as provided in subsection (2) of this section, where a disposition is imposed on a youth for two or more offenses, the terms shall run consecutively((, subject to the following limitations:

             (1) Where the offenses were committed through a single act or omission, omission, or through an act or omission which in itself constituted one of the offenses and also was an element of the other, the aggregate of all the terms shall not exceed one hundred fifty percent of the term imposed for the most serious offense;

             (2) The aggregate of all consecutive terms shall not exceed three hundred percent of the term imposed for the most serious offense; and

             (3) The aggregate of all consecutive terms of community supervision shall not exceed two years in length, or require payment of more than two hundred dollars in fines or the performance of more than two hundred hours of community service)) or concurrently in the court's discretion.

             (2) Any term of confinement ordered pursuant to section 719 of this act shall run consecutively to any term of confinement imposed in the same disposition for other offenses.


             Sec. 721. RCW 13.40.190 and 1987 c 281 s 5 are each amended to read as follows:

             (1) In its dispositional order, the court shall require the respondent and may require his or her parents, guardians, or custodians to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent. In addition, restitution may be ordered for loss or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which, pursuant to a plea agreement, are not prosecuted. The payment of restitution shall be in addition to any punishment which is imposed pursuant to the other provisions of this chapter. The court may determine the amount, terms, and conditions of the restitution. Restitution may include the costs of counseling reasonably related to the offense. If the respondent participated in the crime with another person or other persons, all such participants shall be jointly and severally responsible for the payment of restitution. The court may not require the respondent or parent, guardian, or custodian to pay full or partial restitution if the respondent or parent, guardian, or custodian reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay such restitution. In cases where an offender has been committed to the department for a period of confinement exceeding fifteen weeks, restitution may be waived.

             (2) If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments.

             (3) A respondent under obligation to pay restitution may petition the court for modification of the restitution order.


             Sec. 722. RCW 13.40.200 and 1986 c 288 s 5 are each amended to read as follows:

             (1) When a respondent fails to comply with an order of restitution, community supervision, penalty assessments, or confinement of less than thirty days, the court upon motion of the prosecutor or its own motion, may modify the order after a hearing on the violation.

             (2) The hearing shall afford the respondent the same due process of law as would be afforded an adult probationer. The court may issue a summons or a warrant to compel the respondent's appearance. The state shall have the burden of proving by a preponderance of the evidence the fact of the violation. The respondent shall have the burden of showing that the violation was not a wilful refusal to comply with the terms of the order. If a respondent has failed to pay a fine, penalty assessments, or restitution or to perform community service hours, as required by the court, it shall be the respondent's burden to show that he or she did not have the means and could not reasonably have acquired the means to pay the fine, penalty assessments, or restitution or perform community service.

             (3)(a) If the court finds that a respondent has wilfully violated the terms of an order pursuant to subsections (1) and (2) of this section, it may impose a penalty of up to thirty days' confinement or other conditions of community supervision the court considers appropriate. Penalties for multiple violations occurring prior to the hearing shall not be aggregated to exceed thirty days' confinement. Regardless of the number of times a respondent is brought to court for violations of the terms of a single disposition order, the combined total number of days spent by the respondent in detention shall never exceed the maximum term to which an adult could be sentenced for the underlying offense.

             (b) If the violation of the terms of the order under (a) of this subsection is failure to pay fines, penalty assessments, complete community service, or make restitution, the term of confinement imposed under (a) of this subsection shall be assessed at a rate of one day of confinement for each twenty-five dollars or eight hours owed.

             (4) If a respondent has been ordered to pay a fine or monetary penalty and due to a change of circumstance cannot reasonably comply with the order, the court, upon motion of the respondent, may order that the unpaid fine or monetary penalty be converted to community service. The number of hours of community service in lieu of a monetary penalty or fine shall be converted at the rate of the prevailing state minimum wage per hour. The monetary penalties or fines collected shall be deposited in the county general fund. A failure to comply with an order under this subsection shall be deemed a failure to comply with an order of community supervision and may be proceeded against as provided in this section.


             Sec. 723. RCW 13.40.210 and 1990 c 3 s 304 are each amended to read as follows:

             (1) The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030, ((as now or hereafter amended,)) set a release or discharge date for each juvenile committed to its custody ((which)). The release or discharge date shall be within the prescribed range to which a juvenile has been committed except as provided in section 727 of this act concerning offenders the department determines are eligible for the juvenile offender basic training camp program. Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed. The secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter((: PROVIDED, That)). Days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.

             (2) The secretary shall monitor the average daily population of the state's juvenile residential facilities. When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may recommend reductions to the governor. On certification by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity. The secretary shall release those offenders who have served the greatest proportion of their sentence. However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society. The department shall notify the committing court of the release at the ((end of each calendar year)) time of release if any such early releases have occurred ((during that year)) as a result of excessive in-residence population. In no event shall ((a serious)) an offender((, as defined in RCW 13.40.020(1))) adjudicated of a violent offense be granted release under the provisions of this subsection.

             (3) Following the juvenile's release pursuant to subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months, except that in the case of a juvenile sentenced for rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, or indecent liberties with forcible compulsion, the period of parole shall be twenty-four months. A parole program is mandatory for offenders released under subsection (2) of this section. The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal may require the juvenile to: (a) Undergo available medical or psychiatric treatment; (b) report as directed to a parole officer; (c) pursue a course of study or vocational training; (d) remain within prescribed geographical boundaries and notify the department of any change in his or her address; and (e) refrain from committing new offenses. After termination of the parole period, the juvenile shall be discharged from the department's supervision.

             (4) The department may also modify parole for violation thereof. If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public: (a) Continued supervision under the same conditions previously imposed; (b) intensified supervision with increased reporting requirements; (c) additional conditions of supervision authorized by this chapter; (d) except as provided in (e) of this subsection, imposition of a period of confinement not to exceed thirty days in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision; and (e) the secretary may order any of the conditions or may return the offender to confinement in an institution for the remainder of the sentence range if the offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined by RCW 9.94A.030.

             (5) A parole officer of the department of social and health services shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest such person.

             (6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of this section.


             Sec. 724. RCW 13.40.230 and 1981 c 299 s 16 are each amended to read as follows:

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