S-4105.1                   _______________________________________________

 

                                                     SENATE BILL 6139

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1994 Regular Session

 

By Senators Newhouse, Ludwig, Prince and Winsley

 

Read first time 01/13/94.  Referred to Committee on Law & Justice.

 

Authorizing courts of limited jurisdiction to exercise jurisdiction over certain juvenile offenses.



          AN ACT Relating to jurisdiction of courts of limited jurisdiction over juvenile offenses; amending RCW 13.04.030 and 35.20.030; adding a new section to chapter 13.04 RCW; adding a new section to chapter 28A.225 RCW; and providing an effective date.

 

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 court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110((, as now or hereafter amended)); or

          (b) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or

          (c) 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; or

          (d) The alleged offense is a traffic infraction, a violation of compulsory school attendance provisions under chapter 28A.225 RCW, or a misdemeanor, and a court of limited jurisdiction has assumed jurisdiction over those offenses as provided in section 2 of this act;

          (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.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 13.04 RCW to read as follows:

          (1) Courts of limited jurisdiction, at local option of the county, city, or town of the court of limited jurisdiction, may exercise concurrent original jurisdiction with the juvenile court over traffic infractions, violations of compulsory school attendance provisions under chapter 28A.225 RCW, and misdemeanors when those offenses are allegedly committed by juveniles and:

          (a)(i) The offense, which if committed by an adult, is punishable by sanctions which do not include incarceration; or

          (ii) The prosecuting attorney's disposition recommendation does not include confinement as defined in RCW 13.40.020 as part of the disposition for the offense;

          (b) The court of limited jurisdiction has a computer system which is linked to the state-wide criminal history information data system used by juvenile courts to track and record juvenile offenders' criminal history;

          (c) The county legislative authority of the county in which the court of limited jurisdiction is located has authorized creation of concurrent jurisdiction between the court of limited jurisdiction and the county juvenile court; and

          (d) The court of limited jurisdiction has an agreement with officials responsible for administering the county juvenile detention facility pursuant to RCW 13.04.035 and 13.20.060 that the court may order juveniles into the detention facility for an offense.

          (2) The juvenile court shall retain jurisdiction over the offense if the juvenile is charged with another offense arising out of the same incident and the juvenile court has jurisdiction over the other offense.

          (3) Jurisdiction under this section does not constitute a decline or transfer of juvenile court jurisdiction under RCW 13.40.110.

          (4) The provisions of chapter 13.40 RCW shall apply to offenses prosecuted under this section.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 28A.225 RCW to read as follows:

          References to juvenile court in this chapter mean, in addition to the juvenile court of the superior court, courts of limited jurisdiction which have acquired jurisdiction pursuant to RCW 13.04.030(5)(d) and section 2 of this act over juveniles who violate the provisions of this chapter.  If a court of limited jurisdiction has jurisdiction over juveniles who violate this chapter, that court also has jurisdiction over parents charged with violations of this chapter.

 

        Sec. 4.  RCW 35.20.030 and 1993 c 83 s 3 are each amended to read as follows:

          The municipal court shall have jurisdiction to try violations of all city ordinances and all other actions brought to enforce or recover license penalties or forfeitures declared or given by any such ordinances.  It is empowered to forfeit cash bail or bail bonds and issue execution thereon, to hear and determine all causes, civil or criminal, arising under such ordinances, and to pronounce judgment in accordance therewith:  PROVIDED, That for a violation of the criminal provisions of an ordinance no greater punishment shall be imposed than a fine of five thousand dollars or imprisonment in the city jail not to exceed one year, or both such fine and imprisonment, but the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime.  The municipal court shall also have jurisdiction over juvenile offenses prosecuted pursuant to chapter 13.40 RCW if the court has acquired jurisdiction pursuant to RCW 13.04.030(5)(d) and section 2 of this act.  All civil and criminal proceedings in municipal court, and judgments rendered therein, shall be subject to review in the superior court by writ of review or on appeal:  PROVIDED, That an appeal from the court's determination or order in a traffic infraction proceeding may be taken only in accordance with RCW 46.63.090(5).  Costs in civil and criminal cases may be taxed as provided in district courts.

 

          NEW SECTION.  Sec. 5.  This act shall take effect July 1, 1994.

 


                                                           --- END ---