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SENATE BILL NO. 5668
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C 071 L 89
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.