BILL REQ. #: S-0850.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/31/11. Referred to Committee on Human Services & Corrections.
AN ACT Relating to orders of disposition for juveniles; and amending RCW 13.40.127, 46.20.270, 46.20.270, 9.41.040, 13.04.155, and 13.40.180.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 13.40.127 and 2009 c 236 s 1 are each amended to read
as follows:
(1) A juvenile is eligible for deferred disposition unless he or
she:
(a) Is charged with a sex or violent offense;
(b) Has a criminal history which includes any felony;
(c) Has a prior deferred disposition or deferred adjudication; or
(d) Has two or more adjudications.
(2) The juvenile court may, upon motion at least fourteen days
before commencement of trial and, after consulting the juvenile's
custodial parent or parents or guardian and with the consent of the
juvenile, continue the case for disposition for a period not to exceed
one year from the date the juvenile is found guilty. The court shall
consider whether the offender and the community will benefit from a
deferred disposition before deferring the disposition. If the motion
is made before commencement of trial, the court may waive the fourteen-day period for good cause shown. If the motion is made after the trial
commences, the court may only waive the fourteen-day requirement for
good cause shown if the juvenile pleads to or is found guilty of an
offense that is eligible for deferred disposition, having been charged
with and trial commenced for an offense that was not eligible for
deferred disposition.
(3) Any juvenile who agrees to a deferral of disposition shall:
(a) Stipulate to the admissibility of the facts contained in the
written police report;
(b) Acknowledge that the report will be entered and used to support
a finding of guilt and to impose a disposition if the juvenile fails to
comply with terms of supervision; ((and))
(c) Waive the following rights to: (i) A speedy disposition; and
(ii) call and confront witnesses; and
(d) Acknowledge the direct consequences of being found guilty and
the direct consequences that will happen if an order of disposition is
entered.
The adjudicatory hearing shall be limited to a reading of the
court's record.
(4) Following the stipulation, acknowledgment, waiver, and entry of
a finding or plea of guilt, the court shall defer entry of an order of
disposition of the juvenile.
(5) Any juvenile granted a deferral of disposition under this
section shall be placed under community supervision. The court may
impose any conditions of supervision that it deems appropriate
including posting a probation bond. Payment of restitution under RCW
13.40.190 shall be a condition of community supervision under this
section.
The court may require a juvenile offender convicted of animal
cruelty in the first degree to submit to a mental health evaluation to
determine if the offender would benefit from treatment and such
intervention would promote the safety of the community. After
consideration of the results of the evaluation, as a condition of
community supervision, the court may order the offender to attend
treatment to address issues pertinent to the offense.
(6) A parent who signed for a probation bond has the right to
notify the counselor if the juvenile fails to comply with the bond or
conditions of supervision. The counselor shall notify the court and
surety of any failure to comply. A surety shall notify the court of
the juvenile's failure to comply with the probation bond. The state
shall bear the burden to prove, by a preponderance of the evidence,
that the juvenile has failed to comply with the terms of community
supervision.
(7) A juvenile's lack of compliance shall be determined by the
judge upon written motion by the prosecutor or the juvenile's juvenile
court community supervision counselor. If a juvenile fails to comply
with terms of supervision, the court shall enter an order of
disposition.
(8) At any time following deferral of disposition the court may,
following a hearing, continue the case for an additional one-year
period for good cause.
(9) At the conclusion of the period set forth in the order of
deferral and upon a finding by the court of full compliance with
conditions of supervision and payment of full restitution, the
respondent's conviction shall be vacated and the court shall dismiss
the case with prejudice, except that a conviction under RCW 16.52.205
shall not be vacated. If restitution has not been paid in full but the
court is satisfied that the respondent made a good faith effort to pay
the full amount, the respondent's conviction may be vacated and the
information dismissed with prejudice, in which case the court shall
enter an order establishing the amount of restitution still owed to the
victims. The restitution order shall continue in effect after entry of
the order dismissing the information. In the restitution order, the
court shall also determine the terms and conditions of the restitution,
including a payment plan extending up to ten years if the court
determines that the respondent does not have the means to make full
restitution over a shorter period. For the purposes of this
subsection, the respondent shall remain under the court's jurisdiction
for a maximum term of ten years after the respondent's eighteenth
birthday. Prior to the expiration of the initial ten-year period, the
juvenile court may extend the judgment for restitution an additional
ten years. The court may relieve the respondent of the requirement to
pay full or partial restitution if the respondent reasonably satisfies
the court that he or she does not have the means to make full or
partial restitution and could not reasonably acquire the means to pay
the restitution over a ten-year period. If the court relieves the
respondent of the requirement to pay full or partial restitution, the
court may order an amount of community restitution that the court deems
appropriate. The county clerk shall make disbursements to victims
named in the order. The restitution to victims named in the order
shall be paid prior to any payment for other penalties or monetary
assessments. A respondent under obligation to pay restitution may
petition the court for modification of the restitution order.
(10)(a) Records of deferred disposition cases vacated under
subsection (9) of this section shall be sealed no later than thirty
days after the juvenile's eighteenth birthday provided that the
juvenile does not have any charges pending at that time. If a juvenile
has already reached his or her eighteenth birthday before July 26,
2009, and does not have any charges pending, he or she may request that
the court issue an order sealing the records of his or her deferred
disposition cases vacated under subsection (9) of this section, and
this request shall be granted. Nothing in this subsection shall
preclude a juvenile from petitioning the court to have the records of
his or her deferred dispositions sealed under RCW 13.50.050 (11) and
(12).
(b) Records sealed under this provision shall have the same legal
status as records sealed under RCW 13.50.050.
Sec. 2 RCW 46.20.270 and 2009 c 181 s 1 are each amended to read
as follows:
(1) Whenever any person is convicted of any offense for which this
title makes mandatory the withholding of the driving privilege of such
person by the department, the court in which such conviction is had
shall forthwith mark the person's Washington state driver's license or
permit to drive, if any, in a manner authorized by the department. A
valid driver's license or permit to drive marked under this subsection
shall remain in effect until the person's driving privilege is withheld
by the department pursuant to notice given under RCW 46.20.245, unless
the license or permit expires or otherwise becomes invalid prior to the
effective date of this action. Perfection of notice of appeal shall
stay the execution of sentence including the withholding of the driving
privilege.
(2) Every court having jurisdiction over offenses committed under
this chapter, or any other act of this state or municipal ordinance
adopted by a local authority regulating the operation of motor vehicles
on highways, or any federal authority having jurisdiction over offenses
substantially the same as those set forth in this title ((46 RCW))
which occur on federal installations within this state, shall
immediately forward to the department a forfeiture of bail or
collateral deposited to secure the defendant's appearance in court, a
payment of a fine, penalty, or court cost, a plea of guilty or nolo
contendere or a finding of guilt, or a finding that any person has
committed a traffic infraction an abstract of the court record in the
form prescribed by rule of the supreme court, showing the conviction of
any person or the finding that any person has committed a traffic
infraction in said court for a violation of any said laws other than
regulations governing standing, stopping, parking, and pedestrian
offenses.
(3) Every state agency or municipality having jurisdiction over
offenses committed under this chapter, or under any other act of this
state or municipal ordinance adopted by a state or local authority
regulating the operation of motor vehicles on highways, may forward to
the department within ten days of failure to respond, failure to pay a
penalty, failure to appear at a hearing to contest the determination
that a violation of any statute, ordinance, or regulation relating to
standing, stopping, parking, or other infraction issued under RCW
46.63.030(1)(d) has been committed, or failure to appear at a hearing
to explain mitigating circumstances, an abstract of the citation record
in the form prescribed by rule of the department, showing the finding
by such municipality that two or more violations of laws governing
standing, stopping, and parking or one or more other infractions issued
under RCW 46.63.030(1)(d) have been committed and indicating the nature
of the defendant's failure to act. Such violations or infractions may
not have occurred while the vehicle is stolen from the registered owner
or is leased or rented under a bona fide commercial vehicle lease or
rental agreement between a lessor engaged in the business of leasing
vehicles and a lessee who is not the vehicle's registered owner. The
department may enter into agreements of reciprocity with the duly
authorized representatives of the states for reporting to each other
violations of laws governing standing, stopping, and parking.
(4) For the purposes of this title and except as defined in RCW
46.25.010, "conviction" means a final conviction or juvenile
adjudication in a state or municipal court or by any federal authority
having jurisdiction over offenses substantially the same as those set
forth in this title which occur on federal installations in this state,
an unvacated forfeiture of bail or collateral deposited to secure a
defendant's appearance in court, the payment of a fine or court cost,
a plea of guilty or nolo contendere, or a finding of guilt on a traffic
law violation charge, regardless of whether the imposition of sentence
or sanctions are deferred or the penalty is suspended, but not
including entry into a deferred prosecution agreement under chapter
10.05 RCW.
(5) For the purposes of this title, "finding that a traffic
infraction has been committed" means a failure to respond to a notice
of infraction or a determination made by a court pursuant to this
chapter. Payment of a monetary penalty made pursuant to RCW
46.63.070(2) is deemed equivalent to such a finding.
Sec. 3 RCW 46.20.270 and 2010 c 249 s 11 are each amended to read
as follows:
(1) Whenever any person is convicted of any offense for which this
title makes mandatory the withholding of the driving privilege of such
person by the department, the court in which such conviction is had
shall forthwith mark the person's Washington state driver's license or
permit to drive, if any, in a manner authorized by the department. A
valid driver's license or permit to drive marked under this subsection
shall remain in effect until the person's driving privilege is withheld
by the department pursuant to notice given under RCW 46.20.245, unless
the license or permit expires or otherwise becomes invalid prior to the
effective date of this action. Perfection of notice of appeal shall
stay the execution of sentence including the withholding of the driving
privilege.
(2) Every court having jurisdiction over offenses committed under
this chapter, or any other act of this state or municipal ordinance
adopted by a local authority regulating the operation of motor vehicles
on highways, or any federal authority having jurisdiction over offenses
substantially the same as those set forth in this title which occur on
federal installations within this state, shall immediately forward to
the department a forfeiture of bail or collateral deposited to secure
the defendant's appearance in court, a payment of a fine, penalty, or
court cost, a plea of guilty or nolo contendere or a finding of guilt,
or a finding that any person has committed a traffic infraction an
abstract of the court record in the form prescribed by rule of the
supreme court, showing the conviction of any person or the finding that
any person has committed a traffic infraction in said court for a
violation of any said laws other than regulations governing standing,
stopping, parking, and pedestrian offenses.
(3) Every state agency or municipality having jurisdiction over
offenses committed under this chapter, or under any other act of this
state or municipal ordinance adopted by a state or local authority
regulating the operation of motor vehicles on highways, may forward to
the department within ten days of failure to respond, failure to pay a
penalty, failure to appear at a hearing to contest the determination
that a violation of any statute, ordinance, or regulation relating to
standing, stopping, parking, or civil penalties issued under RCW
46.63.160 has been committed, or failure to appear at a hearing to
explain mitigating circumstances, an abstract of the citation record in
the form prescribed by rule of the department, showing the finding by
such municipality that two or more violations of laws governing
standing, stopping, and parking or one or more civil penalties issued
under RCW 46.63.160 have been committed and indicating the nature of
the defendant's failure to act. Such violations or infractions may not
have occurred while the vehicle is stolen from the registered owner or
is leased or rented under a bona fide commercial vehicle lease or
rental agreement between a lessor engaged in the business of leasing
vehicles and a lessee who is not the vehicle's registered owner. The
department may enter into agreements of reciprocity with the duly
authorized representatives of the states for reporting to each other
violations of laws governing standing, stopping, and parking.
(4) For the purposes of this title and except as defined in RCW
46.25.010, "conviction" means a final conviction or juvenile
adjudication in a state or municipal court or by any federal authority
having jurisdiction over offenses substantially the same as those set
forth in this title which occur on federal installations in this state,
an unvacated forfeiture of bail or collateral deposited to secure a
defendant's appearance in court, the payment of a fine or court cost,
a plea of guilty or nolo contendere, or a finding of guilt on a traffic
law violation charge, regardless of whether the imposition of sentence
or sanctions are deferred or the penalty is suspended, but not
including entry into a deferred prosecution agreement under chapter
10.05 RCW.
(5) For the purposes of this title, "finding that a traffic
infraction has been committed" means a failure to respond to a notice
of infraction or a determination made by a court pursuant to this
chapter. Payment of a monetary penalty made pursuant to RCW
46.63.070(2) is deemed equivalent to such a finding.
Sec. 4 RCW 9.41.040 and 2009 c 293 s 1 are each amended to read
as follows:
(1)(a) A person, whether an adult or juvenile, is guilty of the
crime of unlawful possession of a firearm in the first degree, if the
person owns, has in his or her possession, or has in his or her control
any firearm after having previously been convicted or found not guilty
by reason of insanity in this state or elsewhere of any serious offense
as defined in this chapter.
(b) Unlawful possession of a firearm in the first degree is a class
B felony punishable according to chapter 9A.20 RCW.
(2)(a) A person, whether an adult or juvenile, is guilty of the
crime of unlawful possession of a firearm in the second degree, if the
person does not qualify under subsection (1) of this section for the
crime of unlawful possession of a firearm in the first degree and the
person owns, has in his or her possession, or has in his or her control
any firearm:
(i) After having previously been convicted or found not guilty by
reason of insanity in this state or elsewhere of any felony not
specifically listed as prohibiting firearm possession under subsection
(1) of this section, or any of the following crimes when committed by
one family or household member against another, committed on or after
July 1, 1993: Assault in the fourth degree, coercion, stalking,
reckless endangerment, criminal trespass in the first degree, or
violation of the provisions of a protection order or no-contact order
restraining the person or excluding the person from a residence (RCW
26.50.060, 26.50.070, 26.50.130, or 10.99.040);
(ii) After having previously been involuntarily committed for
mental health treatment under RCW 71.05.240, 71.05.320, 71.34.740,
71.34.750, chapter 10.77 RCW, or equivalent statutes of another
jurisdiction, unless his or her right to possess a firearm has been
restored as provided in RCW 9.41.047;
(iii) If the person is under eighteen years of age, except as
provided in RCW 9.41.042; and/or
(iv) If the person is free on bond or personal recognizance pending
trial, appeal, or sentencing for a serious offense as defined in RCW
9.41.010.
(b) Unlawful possession of a firearm in the second degree is a
class C felony punishable according to chapter 9A.20 RCW.
(3) Notwithstanding RCW 9.41.047 or any other provisions of law, as
used in this chapter, a person has been "convicted", whether in an
adult court or adjudicated in a juvenile court, at such time as a plea
of guilty has been accepted, or a verdict of guilty has been filed,
notwithstanding the pendency of any future proceedings including but
not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. Conviction includes a dismissal
entered after a deferred disposition pursuant to RCW 13.40.127, period
of probation, suspension or deferral of sentence, and also includes
equivalent dispositions by courts in jurisdictions other than
Washington state. A person shall not be precluded from possession of
a firearm if the conviction has been the subject of a pardon,
annulment, certificate of rehabilitation, or other equivalent procedure
based on a finding of the rehabilitation of the person convicted or the
conviction or disposition has been the subject of a pardon, annulment,
or other equivalent procedure based on a finding of innocence. Where
no record of the court's disposition of the charges can be found, there
shall be a rebuttable presumption that the person was not convicted of
the charge.
(4) Notwithstanding subsection (1) or (2) of this section, a person
convicted or found not guilty by reason of insanity of an offense
prohibiting the possession of a firearm under this section other than
murder, manslaughter, robbery, rape, indecent liberties, arson,
assault, kidnapping, extortion, burglary, or violations with respect to
controlled substances under RCW 69.50.401 and 69.50.410, who received
a probationary sentence under RCW 9.95.200, and who received a
dismissal of the charge under RCW 9.95.240, shall not be precluded from
possession of a firearm as a result of the conviction or finding of not
guilty by reason of insanity. Notwithstanding any other provisions of
this section, if a person is prohibited from possession of a firearm
under subsection (1) or (2) of this section and has not previously been
convicted or found not guilty by reason of insanity of a sex offense
prohibiting firearm ownership under subsection (1) or (2) of this
section and/or any felony defined under any law as a class A felony or
with a maximum sentence of at least twenty years, or both, the
individual may petition a court of record to have his or her right to
possess a firearm restored:
(a) Under RCW 9.41.047; and/or
(b)(i) If the conviction or finding of not guilty by reason of
insanity was for a felony offense, after five or more consecutive years
in the community without being convicted or found not guilty by reason
of insanity or currently charged with any felony, gross misdemeanor, or
misdemeanor crimes, if the individual has no prior felony convictions
that prohibit the possession of a firearm counted as part of the
offender score under RCW 9.94A.525; or
(ii) If the conviction or finding of not guilty by reason of
insanity was for a nonfelony offense, after three or more consecutive
years in the community without being convicted or found not guilty by
reason of insanity or currently charged with any felony, gross
misdemeanor, or misdemeanor crimes, if the individual has no prior
felony convictions that prohibit the possession of a firearm counted as
part of the offender score under RCW 9.94A.525 and the individual has
completed all conditions of the sentence.
(5) In addition to any other penalty provided for by law, if a
person under the age of eighteen years is found by a court to have
possessed a firearm in a vehicle in violation of subsection (1) or (2)
of this section or to have committed an offense while armed with a
firearm during which offense a motor vehicle served an integral
function, the court shall notify the department of licensing within
twenty-four hours and the person's privilege to drive shall be revoked
under RCW 46.20.265.
(6) Nothing in chapter 129, Laws of 1995 shall ever be construed or
interpreted as preventing an offender from being charged and
subsequently convicted for the separate felony crimes of theft of a
firearm or possession of a stolen firearm, or both, in addition to
being charged and subsequently convicted under this section for
unlawful possession of a firearm in the first or second degree.
Notwithstanding any other law, if the offender is convicted under this
section for unlawful possession of a firearm in the first or second
degree and for the felony crimes of theft of a firearm or possession of
a stolen firearm, or both, then the offender shall serve consecutive
sentences for each of the felony crimes of conviction listed in this
subsection.
(7) Each firearm unlawfully possessed under this section shall be
a separate offense.
Sec. 5 RCW 13.04.155 and 2000 c 27 s 1 are each amended to read
as follows:
(1) Whenever a minor enrolled in any common school is convicted in
adult criminal court, ((or)) adjudicated, found guilty pursuant to RCW
13.40.127, or entered into a diversion agreement with the juvenile
court on any of the following offenses, the court must notify the
principal of the student's school of the disposition of the case, after
first notifying the parent or legal guardian that such notification
will be made:
(a) A violent offense as defined in RCW 9.94A.030;
(b) A sex offense as defined in RCW 9.94A.030;
(c) Inhaling toxic fumes under chapter 9.47A RCW;
(d) A controlled substances violation under chapter 69.50 RCW;
(e) A liquor violation under RCW 66.44.270; and
(f) Any crime under chapters 9.41, 9A.36, 9A.40, 9A.46, and 9A.48
RCW.
(2) The principal must provide the information received under
subsection (1) of this section to every teacher of any student who
qualifies under subsection (1) of this section and any other personnel
who, in the judgment of the principal, supervises the student or for
security purposes should be aware of the student's record. The
principal must provide the information to teachers and other personnel
based on any written records that the principal maintains or receives
from a juvenile court administrator or a law enforcement agency
regarding the student.
(3) Any information received by a principal or school personnel
under this section is confidential and may not be further disseminated
except as provided in RCW 28A.225.330, other statutes or case law, and
the family and educational and privacy rights act of 1994, 20 U.S.C.
Sec. 1232g et seq.
Sec. 6 RCW 13.40.180 and 2002 c 175 s 24 are each amended to read
as follows:
(1) Where a disposition in a single disposition order is imposed on
a youth for two or more offenses, the terms shall run consecutively,
subject to the following limitations:
(((1))) (a) Where the offenses were committed through a single act
or omission, omission, or through an act or omission which in itself
constituted one of the offenses and also was an element of the other,
the aggregate of all the terms shall not exceed one hundred fifty
percent of the term imposed for the most serious offense;
(((2))) (b) The aggregate of all consecutive terms shall not exceed
three hundred percent of the term imposed for the most serious offense;
and
(((3))) (c) The aggregate of all consecutive terms of community
supervision shall not exceed two years in length, or require payment of
more than two hundred dollars in fines or the performance of more than
two hundred hours of community restitution.
(2) Where disposition in separate disposition orders is imposed on
a youth, the periods of community supervision in the separate orders,
if any, shall run concurrently and the periods of detention in the
separate orders, if any, shall run consecutively.