S-0193.1  _______________________________________________

                         SENATE BILL 5252

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators McCaslin, Kline, Fairley, Hewitt, Patterson, Long, Constantine, Roach and Costa

Read first time 01/17/2001.  Referred to Committee on Judiciary.

Expanding venue for local courts during emergencies and when the defendant appears electronically from a location outside the district.

    AN ACT Relating to venue for courts of limited jurisdiction; and amending RCW 3.66.070.

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

    Sec. 1.  RCW 3.66.070 and 2000 c 111 s 4 are each amended to read as follows:

(1) All criminal actions shall be brought in the district where the alleged violation occurred:  PROVIDED, That (((1))) (a) the prosecuting attorney may file felony cases in the district in which the county seat is located, (((2))) (b) with the consent of the defendant criminal actions other than those arising out of violations of city ordinances may be brought in or transferred to the district in which the county seat is located, (((3))) (c) if the alleged violation relates to driving, or being in actual physical control of, a motor vehicle while under the influence of intoxicating liquor or any drug and the alleged violation occurred within a judicial district which has been designated an enhanced enforcement district under RCW 2.56.110, the charges may be filed in that district or in a district within the same county which is adjacent to the district in which the alleged violation occurred, and (((4))) (d) a district court participating in the program established by the office of the administrator for the courts pursuant to RCW 2.56.160 shall have jurisdiction to take recognizance, approve bail, and arraign defendants held within its jurisdiction on warrants issued by any other court of limited jurisdiction participating in the program.

(2) In the event of an emergency created by act of nature, civil unrest, technological failure, or other hazardous condition, temporary venue for court of limited jurisdiction matters may be had in a court district not impacted by the emergency.  Such emergency venue is appropriate only for the duration of the emergency.

(3) A criminal action commenced under a local ordinance is deemed to be properly heard by the court of original jurisdiction even though the hearing may take place by video or other electronic means as approved by the supreme court and the defendant is appearing by an electronic method from a location outside the court's geographic jurisdiction or boundaries.

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