S-3873.3 _______________________________________________
SENATE BILL 6119
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By Senators Nelson, A. Smith, Oke, L. Smith, Sellar, Roach, Schow, Haugen, Quigley, West, M. Rasmussen, Winsley, Hochstatter, Skratek, Deccio, McDonald, Anderson, McCaslin, Ludwig and Moyer
Read first time 01/12/94. Referred to Committee on Law & Justice.
AN ACT Relating to juvenile court jurisdiction; and amending RCW 13.04.030 and 13.40.110.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 13.04.030 and 1988 c 14 s 1 are each amended to read as follows:
The juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:
(1) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;
(2) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170, as now or hereafter amended;
(3) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210, as now or hereafter amended;
(4) To approve or disapprove alternative residential placement as provided in RCW 13.32A.170;
(5) Relating to juveniles alleged or found to have committed offenses, traffic infractions, or violations as provided in RCW 13.40.020 through 13.40.230, as now or hereafter amended, unless:
(a) The juvenile is sixteen or seventeen years of age and the information alleges a class A felony or an attempt, solicitation, or conspiracy to commit a class A felony as provided in RCW 13.40.0357; or
(b) The juvenile is fourteen, fifteen, sixteen, or seventeen years of age and the information alleges assault in the second degree, extortion in the first degree, indecent liberties, child molestation in the second degree, kidnapping in the second degree, or robbery in the second degree, and the offender has two prior juvenile dispositions for a violent offense as defined by RCW 9.94A.030(36); or
(c) 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))) (d) The statute of
limitations applicable to adult prosecution for the offense, traffic
infraction, or violation has expired; or
(((c))) (e) The alleged offense
or infraction is a traffic, fish, boating, or game offense or traffic
infraction committed by a juvenile sixteen years of age or older and would, if
committed by an adult, be tried or heard in a court of limited jurisdiction, in
which instance the appropriate court of limited jurisdiction shall have
jurisdiction over the alleged offense or infraction: PROVIDED, That if such an
alleged offense or infraction and an alleged offense or infraction subject to
juvenile court jurisdiction arise out of the same event or incident, the
juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That
the jurisdiction under this subsection does not constitute "transfer"
or a "decline" for purposes of RCW 13.40.110(1) or subsection (5)(a)
of this section: PROVIDED FURTHER, That courts of limited jurisdiction which
confine juveniles for an alleged offense or infraction may place juveniles in
juvenile detention facilities under an agreement with the officials responsible
for the administration of the juvenile detention facility in RCW 13.04.035 and
13.20.060;
(6) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;
(7) Relating to termination of a diversion agreement under RCW 13.40.080 as now or hereafter amended, including a proceeding in which the divertee has attained eighteen years of age; and
(8) Relating to court validation of a voluntary consent to foster care placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction.
Sec. 2. RCW 13.40.110 and 1990 c 3 s 303 are each amended to read as follows:
(1) The prosecutor, respondent, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting the court to transfer the respondent for adult criminal prosecution and the matter shall be set for a hearing on the question of declining jurisdiction. Unless waived by the court, the parties, and their counsel, a decline hearing shall be held where:
(((a))) The respondent is fourteen,
fifteen, sixteen, or seventeen years of age and the information alleges ((a
class A felony or an attempt, solicitation, or conspiracy to commit a class A
felony; or
(b) The respondent is seventeen years of age
and the information alleges assault in the second degree, extortion in the
first degree, indecent liberties, child molestation in the second degree,
kidnapping in the second degree, or robbery in the second degree)) assault in the second degree, extortion in the
first degree, indecent liberties, child molestation in the second degree,
kidnapping in the second degree, or robbery in the second degree.
(2) The court after a decline hearing may order the case transferred for adult criminal prosecution upon a finding that the declination would be in the best interest of the juvenile or the public. The court shall consider the relevant reports, facts, opinions, and arguments presented by the parties and their counsel.
(3) When the respondent is transferred for criminal prosecution or retained for prosecution in juvenile court, the court shall set forth in writing its finding which shall be supported by relevant facts and opinions produced at the hearing.
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