BILL REQ. #:  H-1543.1 

Read first time 02/10/11.   Referred to Committee on Judiciary.

     AN ACT Relating to creating the offense of failing to supervise an unemancipated minor child; adding a new section to chapter 13.34 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature finds that parents and guardians of unemancipated minor children have the primary responsibility of ensuring that these children comply with the laws of the state and local government and that failing to adequately supervise such minors often results in unnecessary and preventable costs to individuals and society. The legislature intends by this act to hold parents and guardians accountable for the costs their unemancipated minor children impose on others as a result of wrongful behavior.

NEW SECTION.  Sec. 2   A new section is added to chapter 13.34 RCW to read as follows:
     (1) A parent or guardian of an unemancipated child under eighteen years of age is responsible for preventing the unemancipated minor child from being in violation of any state or local law or committing any tort.
     (2) A parent or legal guardian commits the infraction of failing to supervise an unemancipated minor child if the unemancipated child has been found liable for damages in a civil proceeding or in a criminal proceeding for any violation of any state or local law.
     (3) Failure to supervise an unemancipated minor child is an infraction punishable by a maximum fine of five hundred dollars. In addition, the court may order the parent or legal guardian to pay any fine or penalty imposed pursuant to a criminal proceeding and restitution for actual damages to the person or property of a victim of the subject unemancipated minor child's conduct at an amount determined at the judge's discretion.
     (4) Upon an unemancipated minor being convicted of a criminal violation of state or local law, the parent or guardian shall be served with a subpoena to appear before the court with the unemancipated minor and show cause (a) why the criminal violation occurred, (b) why the parent or guardian did not prevent the criminal violation from occurring, and (c) why the parent or guardian should not be found guilty of failure to supervise an unemancipated minor child.
     (5) For purposes of this section, each violation of state or local law by an unemancipated minor constitutes a separate infraction of failure to supervise an unemancipated minor child.