BILL REQ. #:  S-0272.2 

Read first time 01/26/2005.   Referred to Committee on Human Services & Corrections.

     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) If the court orders a transfer of venue, the case and copies of all 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. 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. The court of the receiving county ((has jurisdiction to)) may modify and enforce the disposition order, including restitution. 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. 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. 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.