S-1825.1  _______________________________________________


                         SENATE BILL 5989



State of Washington      55th Legislature     1997 Regular Session


By Senators Benton, Rossi and Oke


Read first time 02/25/97.  Referred to Committee on Law & Justice.

Establishing jurisdiction over tobacco violations by juveniles.

    AN ACT Relating to jurisdiction over juvenile tobacco violators; amending RCW 70.155.080; and reenacting and amending RCW 13.04.030.




    Sec. 1.  RCW 70.155.080 and 1993 c 507 s 9 are each amended to read as follows:

    (1) A person under the age of eighteen who purchases or attempts to purchase or obtains or attempts to obtain cigarettes or tobacco products commits a class 3 civil infraction under chapter 7.80 RCW and is subject to a fine as set out in chapter 7.80 RCW or participation in a smoking cessation program, or both.  This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement, or local health department activity.

    (2) Juvenile court has jurisdiction over the alleged infraction if committed by a juvenile under sixteen years of age.  If the alleged infraction is committed by a juvenile sixteen years of age or older, the appropriate court of limited jurisdiction has jurisdiction over the alleged infraction.


    Sec. 2.  RCW 13.04.030 and 1995 c 312 s 39 and 1995 c 311 s 15 are each reenacted and 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:

    (a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;

    (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;

    (c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210;

    (d) To approve or disapprove out-of-home placement as provided in RCW 13.32A.170;

    (e) Relating to juveniles alleged or found to have committed offenses, traffic or civil infractions, or violations as provided in RCW 13.40.020 through 13.40.230, unless:

    (i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110; or

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

    (iii) The alleged offense or infraction is a traffic, fish, boating, or game offense, or traffic or civil 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:  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

    (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 June 13, 1994; or (B) a violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994, and the juvenile has a criminal history consisting of:  (I) One or more prior serious violent offenses; (II) two or more prior violent offenses; or (III) three or more of any combination of the following offenses:  Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's thirteenth birthday and prosecuted separately.  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;

    (g) Relating to termination of a diversion agreement under RCW 13.40.080, including a proceeding in which the divertee has attained eighteen years of age;

    (h) Relating to court validation of a voluntary consent to an out-of-home 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; and

    (i) Relating to petitions to compel disclosure of information filed by the department of social and health services pursuant to RCW 74.13.042.

    (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.

    (3) A juvenile subject to adult superior court jurisdiction under subsection (1)(e) (i) through (iv) of this section, who is detained pending trial, may be detained in a county detention facility as defined in RCW 13.40.020 pending sentencing or a dismissal.


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