S-446                 _______________________________________________

                                                   SENATE BILL NO. 5668

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Pullen and Talmadge

Read first time 2/1/89 and referred to Committee on   Law & Justice.

AN ACT Relating to venue of juvenile proceedings; amending RCW 13.40.060; and providing an effective date.

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

        Sec. 1.  Section 60, chapter 291, Laws of 1977 ex. sess. as last amended by section 6, chapter 299, Laws of 1981 and RCW 13.40.060 are each amended to read as follows:

          (1) ((Proceedings under this chapter shall be commenced in the county where the juvenile resides.  However, proceedings may be commenced in the county where an element of the alleged criminal offense occurred if so requested by the juvenile or by the prosecuting attorney of the county where the incident occurred.)) All actions under this chapter shall be commenced and tried in the county where any element of the offense was committed except as otherwise specially provided by statute.  In cases in which diversion is provided by statute, venue is in the county in which the juvenile resides or in the county in which any element of the offense was committed.

          (2) ((If the hearing takes place in the county where an element of the alleged criminal offense occurred,)) The case and copies of all legal and social documents pertaining thereto may in the discretion of the court be transferred to the county where the juvenile resides for a disposition hearing.  All costs and arrangements for care and transportation of the juvenile in custody shall be the responsibility of the receiving county as of the date of the transfer of the juvenile to such county, unless the counties otherwise agree.

          (3) ((If the adjudicatory and disposition hearings take place in a county in which an element of the alleged offense occurred,))  The case and copies of all legal and social documents pertaining thereto may in the discretion of the court be transferred to the county in which the juvenile resides for supervision and enforcement of the disposition order.  The court of the receiving county has jurisdiction to modify and enforce the disposition order.

          (4) The court upon motion of any party or upon its own motion may, at any time, transfer a proceeding to another juvenile court when((:

          (a))) there is reason to believe that an impartial proceeding cannot be held in the county in which the proceeding was begun((; or

          (b) It appears that venue is incorrect under this section)).

NEW SECTION. Sec. 2.     This act shall take effect September 1, 1989.