Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Early Learning & Human Services Committee

HB 1876

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning the revision of exclusive adult jurisdiction.

Sponsors: Representatives Frame, McDonald, Goodman, Kagi, Fitzgibbon, Ryu, Ortiz-Self, Doglio, Macri and Ormsby.

Brief Summary of Bill

  • Removes from exclusive adult court jurisdiction cases involving 16 or 17 year olds charged with robbery in the first degree, rape of a child in the first degree, drive by shooting, burglary in the first degree when the juvenile has criminal history, and any violent offense when the juvenile is alleged to have been armed with a firearm.

  • Requires that a juvenile court conduct a mandatory decline hearing when a juvenile age 16 or 17 is charged with any violent offense and the juvenile is alleged to have been armed with a firearm.

Hearing Date: 2/8/17

Staff: Luke Wickham (786-7146).

Background:

Adult Court Jurisdiction Over Juveniles.

In the State of Washington, juvenile courts are a division of the state's superior court system. Juvenile courts have jurisdiction over persons under the age of 18 who are alleged to have committed a crime. However, there are several exceptions to that jurisdiction where state law requires youth to be tried in adult courts. There are three situations where adult criminal courts may have jurisdiction over persons under age 18:

Once a juvenile is declined to adult jurisdiction, he or she will be subject to adult jurisdiction for all future alleged crimes unless the juvenile is found not guilty. If the juvenile is found not guilty of the charge for which he or she was transferred to adult court or is convicted of a lesser offense, the juvenile court will have jurisdiction of the remaining charges in the case.

If a juvenile is 16 or 17 years old, and he or she is charged with a traffic, fish, boating, or game offense, or an infraction, the case is referred to district or municipal court.

Violent Offense.

Violent offenses are specifically defined by law as felony offenses which include:

Summary of Bill:

Removes adult court exclusive jurisdiction over 16 and 17 year olds charged with the following crimes:

When a juvenile age 16 or 17 is charged with any violent offense and the juvenile is alleged to have been armed with a firearm, a juvenile court must hold a hearing to consider whether juvenile court should decline jurisdiction to adult court.

Appropriation: None.

Fiscal Note: Preliminary fiscal note available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.