2219-S2 AMH THOM H5011.2

2SHB 2219 - H AMD 103 ADOPTED 2-9-96

By Representatives Thompson, Sheahan and Foreman

    On page 29, after line 8, insert the following:

    "NEW SECTION. Sec. 1.  A new section is added to chapter 9A.64 RCW to read as follows:

    (1) A person commits the civil infraction of failing to supervise a child if the person is the parent, lawful guardian, or other person lawfully charged with the care or custody of a child under fifteen years of age, fails to take reasonable steps to control the child's conduct, and the child:

    (a) Commits an offense as defined by RCW 13.40.020 that brings the child within the jurisdiction of the juvenile court under chapter 13.40 RCW; or

    (b) Violates a curfew law of a county or other political subdivision.

    "Fails to take reasonable steps to control the child's conduct" means that (i) the child has engaged in conduct within the same zone of behavior as the offense or curfew violation the child committed when the person failed to supervise the child; (ii) the person knew that the child had engaged in that conduct; (iii) the person had the opportunity and knew of the necessity to control the child's conduct; and (iv) the person's failure to exercise reasonable care, supervision, protection, and control of the child was a gross departure from the conduct of a reasonable parent.

    (2) Nothing in this section applies to an agency, as defined under RCW 74.15.020(3), that cares for children, expectant mothers, or the developmentally disabled.  Nothing in this section applies to foster parents.

    (3) A person may not be prosecuted for failing to supervise a child under subsection (1)(a) of this section, if the person:

    (a) Is the victim of the offense; or

    (b) Reported the offense to the appropriate authorities.

    (4) If a person is found to have committed the civil infraction of failing to supervise a child and the person has not previously committed the infraction of failing to supervise a child, the court:

    (a) Must warn the person of the penalty for future infractions of failing to supervise a child;

    (b) Must order the person to pay restitution to the victim of any offense committed by a child that resulted in a charge against the person under this section.  Restitution ordered under this subsection may not exceed two thousand five hundred dollars; and

    (c) May suspend imposition of the fine, place the person on community supervision for a period up to one year, and order the person to complete either a parent effectiveness program approved by the court, or complete up to fifty community service hours, or both.  Upon the person's completion of the parent effectiveness program or community service hours to the court's satisfaction, and payment of restitution, the court may discharge the person.  If the person fails to complete the parent effectiveness program or the community service hours to the court's satisfaction, or pay restitution, the court may impose the fine authorized by this section.

    (5) The court may not suspend a penalty under subsection (4)(c) of this section if the person has previously been found to have committed an infraction under this section.

    (6) The juvenile court has jurisdiction over a person charged with failing to supervise a child.

    (7) Failing to supervise a child is punishable by a fine of not more than one thousand dollars and supervision of up to one year but is not punishable by imprisonment.

    (8) If the person willfully fails or refuses to pay the fine, the court may proceed against the person for contempt.

    (9) Collection of restitution under this section shall not preclude the victim from pursuing other remedies available at law.

    (10) Restitution collected under this section must be credited towards restitution the child is required to pay under a diversion agreement, disposition, or deferred adjudication under chapter 13.40 RCW, unless the court does not order the child to make full restitution to the victim because the child lacks the ability to pay full restitution.  In that case, only the amount paid under this section that exceeds the full amount of restitution due may be credited against the child's restitution obligation."

    Renumber the remaining sections consecutively and correct the title and any internal references accordingly.

    On page 31, after line 38, insert the following:

    "(5) A parent, lawful guardian, or other person lawfully charged with the care and custody of a child under age fifteen is subject to the jurisdiction of the juvenile court under section 8 of this act."

    On page 58, line 30, after "pay" insert ".  The diversion contract must specify the full amount of restitution due even if the juvenile does not have the means or potential to pay the full amount"

    On page 75, after line 3, insert the following:

    "Sec. 28.  RCW 13.40.190 and 1995 c 33 s 5 are each amended to read as follows:

    (1) In its dispositional order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent.  In addition, restitution may be ordered for loss or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses ((which, pursuant to)) that, under a plea agreement, are not prosecuted.  The payment of restitution shall be in addition to any punishment ((which)) that is imposed ((pursuant to)) under the other provisions of this chapter.  The court may determine the amount, terms, and conditions of the restitution including a payment plan extending up to ten years if the court determines that the respondent does not have the means to make full restitution over a shorter period.  Restitution may include the costs of counseling reasonably related to the offense.  If the respondent participated in the crime with another person or other persons, all ((such)) the participants ((shall be)) are jointly and severally responsible for the payment of restitution.  For the purposes of this section, the respondent shall remain under the court's jurisdiction for a maximum term of ten years after the respondent's eighteenth birthday.  The court may not require the respondent to pay full or partial restitution if the respondent reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay ((such)) the restitution over a ten-year period.  In cases where an offender has been committed to the department for a period of confinement exceeding fifteen weeks, restitution may be waived.  In all cases, the court must indicate the full amount of restitution due, and the amount, if any, the respondent is required to pay.

    (2) Regardless of the provisions of subsection (1) of this section, the court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW.  If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of entry of the disposition order for entry of a restitution order.  Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order.

    (3) If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.  The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments.

    (4) Restitution received under section 8 of this act must be credited against the restitution the respondent is required to pay under the disposition, unless the court did not order the respondent to make full restitution.  In that case, only the amount received under section 8 of this act that exceeds the full amount of restitution due should be credited against the respondent's restitution obligation.

(5) A respondent under obligation to pay restitution may petition the court for modification of the restitution order."

    Renumber the remaining sections consecutively and correct the title and any internal references accordingly.

    On page 86, lines 13 and 14, include sections 8 and 28 of this amendment

    On page 86, line 14, after "offenses" insert ", and curfew violations committed by juveniles,"

    On page 86, line 18, include sections 8 and 28 of this amendment

EFFECT:  A parent commits the civil infraction of failing to supervise a child if the parent of a child under age 15 fails to take reasonable steps to control the child's conduct and the child commits an offense or violates a curfew law.  The test for "fails to take reasonable steps to control a child's conduct" is the test under current tort law for imposing financial liability on a parent for their child's damages to persons or property.  Penalties include a fine up to $1,000, parenting classes, supervision, and payment of restitution due to a victim of the child's offense in an amount not to exceed $2,500.

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