SENATE BILL REPORT

SB 5668

BYSenators Pullen and Talmadge

Providing for venue of juvenile proceedings.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 19, 1989; February 6, 1989

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Nelson, Newhouse, Niemi, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Joyce Ansley (786-7418)

                  March 6, 1989

AS PASSED SENATE, MARCH 6, 1989

BACKGROUND:

The present venue statute requires that all criminal charges against juveniles (misdemeanors and felonies) be filed in the county where the juvenile lives.  Concern exists that the present rule is impractical.

A problem arises when a juvenile resides in one county and commits a crime in another county.  Under the statute, the prosecutor of the county where the crime occurred can try the case in that county only by filing the charge in the county of residence and requesting it be transferred to the county where the crime occurred.

Currently, most defense attorneys simplify the process for the county where the crime occurred by not objecting to the transfer.  It is felt that most counties cannot afford and do not have the staff to pursue all juvenile crimes in other counties.  If the strict rule were followed, it is felt that only the most serious crimes would be pursued into other counties.

It is suggested that the present venue statute be changed to provide that charges against juveniles originate in the county where the offense was committed.  It is also suggested that an exception be made for cases in which diversion is permitted so that charges against juveniles may originate in either the residence county or the county where the crime occurred.

SUMMARY:

Criminal charges against juveniles must originate in the county where the offense was committed.  The case can be transferred to the county where the juvenile lives at the discretion of the court.  In cases where diversion is provided by statute, venue is in either the county where the juvenile resides or the county where the crime occurred.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Effective Date:September 1, 1989

Senate Committee - Testified: No one