| Passed by the House March 8, 2005 Yeas 97 ________________________________________ Speaker of the House of Representatives Passed by the Senate April 12, 2005 Yeas 40 ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1661 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 02/25/05.
AN ACT Relating to transfer of juvenile proceedings; and amending RCW 13.40.060.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 13.40.060 and 1997 c 338 s 16 are each amended to read
as follows:
(1) All actions under this chapter shall be commenced and tried in
the county where any element of the offense was committed except as
otherwise specially provided by statute. In cases in which diversion
is provided by statute, venue is in the county in which the juvenile
resides or in the county in which any element of the offense was
committed.
(2)(a) The court upon motion of any party or upon its own motion
may, at any time, transfer a proceeding to another juvenile court when
there is reason to believe that an impartial proceeding cannot be held
in the county in which the proceeding was begun; and
(b) A court may transfer a proceeding to another juvenile court
following disposition for the purposes of supervision and enforcement
of the disposition order.
(3) If the court orders a transfer of the proceeding pursuant to
subsection (2)(b) of this section:
(a) The case and copies of ((all)) only those legal and social
documents pertaining thereto ((may in the discretion of the court))
shall be transferred to the county in which the juvenile resides,
without regard to whether or not his or her custodial parent resides
there, for supervision and enforcement of the disposition order.
(b) If any restitution is yet to be determined, the originating
court shall transfer the case to the new county with the exception of
the restitution. Venue over restitution shall be retained by the
originating court for purposes of establishing a restitution order.
Once restitution is determined, the originating county shall then
transfer venue over modification and enforcement of the restitution to
the new county.
(c) The court of the receiving county ((has jurisdiction to)) may
modify and enforce the disposition order, including restitution.
(d) The clerk of the originating county shall maintain the account
receivable in the judicial information system and all payments shall be
made to the clerk of the originating county.
(e) Any collection of the offender legal financial obligation shall
be managed by the juvenile probation department of the new county while
the offender is under juvenile probation supervision, or by the clerk
of the original county at the conclusion of supervision by juvenile
probation. The probation department of the new county shall notify the
clerk of the originating county when they end supervision of the
offender.
(f) In cases where a civil judgment has already been established,
venue may not be transferred to another county.
(((3) The court upon motion of any party or upon its own motion
may, at any time, transfer a proceeding to another juvenile court when
there is reason to believe that an impartial proceeding cannot be held
in the county in which the proceeding was begun.))