H-3287.1  _______________________________________________

                          HOUSE BILL 2314

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Morris, Long, Orr, Van Luven, Johanson, Campbell, Brough, Basich, Quall, Chandler, Kremen and Talcott

Read first time 01/12/94.  Referred to Committee on Judiciary.

Providing for mandatory transfer of certain juvenile offenders to adult court.

    AN ACT Relating to juvenile offenders; and amending RCW 13.40.110.

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

    Sec. 1.  RCW 13.40.110 and 1990 c 3 s 303 are each amended to read as follows:

    (1) The prosecutor, respondent, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting the court to transfer the respondent for adult criminal prosecution and the matter shall be set for a hearing on the question of declining jurisdiction.  Unless waived by the court, the parties, and their counsel, a decline hearing shall be held where:

    (a) The respondent is fifteen, sixteen, or seventeen years of age and the information alleges a class A felony or an attempt, solicitation, or conspiracy to commit a class A felony; or

    (b) The respondent is seventeen years of age and the information alleges assault in the second degree, extortion in the first degree, indecent liberties, child molestation in the second degree, kidnapping in the second degree, or robbery in the second degree.

    (2) The court after a decline hearing may order the case transferred for adult criminal prosecution upon a finding that the declination would be in the best interest of the juvenile or the public.  The court shall consider the relevant reports, facts, opinions, and arguments presented by the parties and their counsel.

    (3) When the respondent is sixteen or seventeen years of age and is charged with a violent crime as defined in RCW 9.94A.030, and the respondent's criminal history includes two previous convictions for violent crimes, the court shall automatically decline jurisdiction over the respondent, and the court shall transfer the respondent for adult criminal prosecution.

(4) When the respondent is transferred for criminal prosecution, other than under subsection (3) of this section, or retained for prosecution in juvenile court, the court shall set forth in writing its finding which shall be supported by relevant facts and opinions produced at the hearing.

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