S-3763.2  _______________________________________________

 

                         SENATE BILL 6133

          _______________________________________________

 

State of Washington      54th Legislature     1996 Regular Session

 

By Senator Fairley

 

Read first time 01/08/96.  Referred to Committee on Law & Justice.

 

Making certain sentencing conditions set by local judges enforceable county-wide.



    AN ACT Relating to powers of district and municipal court judges; and amending RCW 3.46.030, 3.50.020, 3.66.060, and 35.20.030.

 

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

 

    Sec. 1.  RCW 3.46.030 and 1985 c 303 s 13 are each amended to read as follows:

    A municipal department shall have exclusive jurisdiction of matters arising from ordinances of the city, and no jurisdiction of other matters except as conferred by statute.

    Conditions of release or conditions of suspension or deferral imposed by a municipal department prohibiting an offender from being present or remaining within specified areas may specify prohibited areas anywhere within any county that contains any portion of the city and may be enforced by any law enforcement officer.

 

    Sec. 2.  RCW 3.50.020 and 1985 c 303 s 14 are each amended to read as follows:

    The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city ordinances and exclusive original criminal jurisdiction of all violations of city ordinances duly adopted by the city in which the municipal court is located and shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared or given by such ordinances or by state statutes.  The municipal court shall also have the jurisdiction as conferred by statute.  The municipal court is empowered to forfeit cash bail or bail bonds and issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic infractions, arising under such ordinances and to pronounce judgment in accordance therewith.

    Conditions of release or conditions of suspension or deferral imposed by a municipal court prohibiting an offender from being present or remaining within specified areas may specify prohibited areas anywhere within any county that contains any portion of the city and may be enforced by any law enforcement officer.

 

    Sec. 3.  RCW 3.66.060 and 1984 c 258 s 44 are each amended to read as follows:

    The district court shall have jurisdiction:  (1) Concurrent with the superior court of all misdemeanors and gross misdemeanors committed in their respective counties and of all violations of city ordinances.  It shall in no event impose a greater punishment than a fine of five thousand dollars, or imprisonment for one year in the county or city jail as the case may be, or both such fine and imprisonment, unless otherwise expressly provided by statute.  It may suspend and revoke vehicle operators' licenses in the cases provided by law; (2) to sit as a committing magistrate and conduct preliminary hearings in cases provided by law; (3) concurrent with the superior court of a proceeding to keep the peace in their respective counties; (4) concurrent with the superior court of all violations under Title 75 RCW; and (5) to hear and determine traffic infractions under chapter 46.63 RCW.

    Conditions of release or conditions of suspension or deferral imposed by a district court prohibiting an offender from being present or remaining within specified areas may specify prohibited areas anywhere within the county and may be enforced by any law enforcement officer.

 

    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.  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.

    Conditions of release or conditions of suspension or deferral imposed by a municipal court prohibiting an offender from being present or remaining within specified areas may specify prohibited areas anywhere within any county that contains any portion of the city and may be enforced by any law enforcement officer.

 


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