SENATE BILL REPORT

SHB 1199

As Reported by Senate Committee On:

Human Services, Mental Health & Housing, March 14, 2017

Title: An act relating to allowing youth courts to have jurisdiction over transit infractions.

Brief Description: Allowing youth courts to have jurisdiction over transit infractions.

Sponsors: House Committee on Judiciary (originally sponsored by Representatives Irwin, Jinkins, Goodman, Rodne, Hayes, Muri, Frame, Stokesbary and Stambaugh).

Brief History: Passed House: 2/09/17, 98-0.

Committee Activity: Human Services, Mental Health & Housing: 3/13/17 [DP].

Majority Report: Do pass.

Signed by Senators O'Ban, Chair; Miloscia, Vice Chair; Darneille, Ranking Minority Member; Carlyle, Hunt, Padden and Walsh.

Staff: Melissa Burke-Cain (786-7755)

Background: Youth court programs are designed to provide an alternative within the justice system for young first-time offenders. District and municipal courts may create youth courts to hear and dispose of traffic infractions for juveniles 16 or 17 years of age. The court may refer a juvenile to a youth court upon the request of any party or upon its own motion; however, a juvenile is not required to have the traffic infraction referred to, or disposed of, by a youth court.

To be referred to a youth court for traffic infractions, a juvenile:

• Ÿmay not have had a prior traffic infraction referred to a youth court;

• may not be under the jurisdiction of any court for a violation of any provision of the state motor vehicle code;

• may not have any convictions for a violation of any provision of the state motor vehicle code; and

• must acknowledge that there is a high likelihood that the juvenile would be found to have committed the traffic infraction.

The youth court disposition is a contract between a juvenile accused of a traffic infraction and a court in which the juvenile agrees to fulfill certain conditions in lieu of a determination that a traffic infraction occurred. Conditions imposed pursuant to a youth court agreement are limited to one or more of the following:

• Ÿcommunity service, not exceeding 150 hours and not during school hours;

• attendance at driving school;

• a monetary penalty not exceeding $100—if the penalty cannot reasonably be paid due to a lack of financial resources, the court may convert the penalty into community service;

• requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas;

• participating in law-related education classes, mentoring programs, or service in future youth court proceedings; or

• writing apology letters or essays.

Summary of Bill: Youth courts with jurisdiction over traffic infractions also have jurisdiction over transit infractions. A transit infraction means an infraction issued by a transit authority, including failing to pay the required fare, failing to produce proof of payment, and failure to depart the transportation facility when requested to do so by a person designated to monitor fare payment. A transit authority means a city transit system, a county transportation authority, a metropolitan municipal corporation transit system, a public transportation benefit area, an unincorporated transportation benefit area, a regional transportation authority, or any special purpose district formed to operate a public transportation system.

A youth may not be referred to a youth court if the youth has had a prior transit infraction, is under the jurisdiction of any court for unlawful transit conduct, or has convictions for unlawful transit conduct.

Appropriation: None.

Fiscal Note: Available.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony: No public hearing was held.

Persons Testifying: N/A.

Persons Signed In To Testify But Not Testifying: N/A.