BP BHEAD INT H

AN ACT Relating to establishing a state-wide curfew for juveniles; adding a new chapter to Title 13 RCW; creating a new section; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds: That the related problems of juvenile runaways and juvenile crime have reached epidemic levels in many communities throughout this state; that parents need support in setting limits on the unsupervised late night activities of their children; that a state-wide curfew would best address these areas of concern; and that it is an appropriate and legitimate exercise of police powers to temporarily restrict the hours during which minor children may be in public places without adult supervision or authorization.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Emergency" means, but is not limited to, fire, natural disaster, an automobile accident, or obtaining immediate medical care for a minor or a member of the minor's immediate family.

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

(3) "Minor" means a person under the age of eighteen years.

(4) "Operator" means, but is not limited to, an agent or employee having control of the premises open for business.

(5) "Public place" means, but is not limited to, a sidewalk, street, alley, highway, park, plaza, public building, place of business, amusement, or entertainment facility, or other place or premise used by or open to members of the public, and includes a vehicle that is in a public place.

NEW SECTION. Sec. 3. (1) A minor may not be in or on, or remain in or on, a public place between the hours of twelve midnight and 5:00 a.m. unless:

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

(b) The minor is traveling by direct route to or from a religious activity, political activity, event sponsored by a school, or the minor's place of lawful employment;

(c) The minor is in a motor vehicle and engaged in interstate travel with consent of the parent or legal guardian through the state;

(d) The minor is on the sidewalk of the minor's legal residence; or

(e) The minor is involved in an emergency concerning his or her safety or welfare or that of the minor's family.

(2) A violation of this section is a class 4 civil infraction under chapter 7.80 RCW.

NEW SECTION. Sec. 4. (1) To determine if a minor is in violation of section 3 of this act, a law enforcement officer may stop and detain a person the officer reasonably believes to be a minor to obtain the person's name and age and the address of the person's parent or legal guardian.

(2) The law enforcement officer may take a minor in violation of section 3 of this act into protective custody and either deliver or arrange to deliver the minor to the residence of the minor's parent or legal guardian, or the officer may place the minor in an overnight youth shelter facility approved by the department of social and health services.

(3) A minor who is placed in an overnight shelter may be released to the minor's parent or legal guardian at any time, or must be released at 8:00 a.m., unless the staff of the shelter determines that the minor meets the conditions in RCW 13.32A.050 or 13.32A.060(1)(b), in which case the minor must be transported to a designated crisis residential center as provided for in chapter 13.32A RCW.

A minor who has had a prior placement in an overnight youth shelter during the previous twelve months may not be released at 8:00 a.m., but may only be released directly to the minor's parent or legal guardian.

NEW SECTION. Sec. 5. An owner or operator of a premises open for business may not permit a minor on the premises in violation of section 3 of this act.

A violation of this section is a misdemeanor.

NEW SECTION. Sec. 6. (1) A county, city, or town may adopt a curfew ordinance that differs from this chapter if the ordinance adopted is not more restrictive than this chapter.

(2) A county, city, or town may adopt a resolution that opts the county, city, or town out of this chapter.

(3) Before adopting the ordinance or resolution, the governing authority of the jurisdiction shall have public hearings on the matter and shall establish the following findings:

(a) The incidence of runaway juveniles within the area in question;

(b) The incidence of criminal activity by or against minors within the area in question; and

(c) That the ordinance or resolution is a necessary element of an effective plan to reduce the incidence of juvenile runaways and criminal activity by or against minors within the area in question.

(4) A local curfew ordinance in effect on the effective date of this act is presumed to be in conformity with this chapter.

NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 9. Sections 2 through 8 of this act shall constitute a new chapter in Title 13 RCW.