1872 AMS JUD S2541.1

1872 AMS JUD S2541.1

HB 1872 - S COMM AMD

By Committee on Judiciary

NOT ADOPTED 4/15/99

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 3.66.010 and 1984 c 258 s 40 are each amended to read as follows:

(1) The justices of the peace elected in accordance with chapters 3.30 through 3.74 RCW are authorized to hold court as judges of the district court for the trial of all actions enumerated in chapters 3.30 through 3.74 RCW or assigned to the district court by law; to hear, try, and determine the same according to the law, and for that purpose where no special provision is otherwise made by law, such court shall be vested with all the necessary powers which are possessed by courts of record in this state; and all laws of a general nature shall apply to such district court as far as the same may be applicable and not inconsistent with the provisions of chapters 3.30 through 3.74 RCW. The district court shall, upon the demand of either party, impanel a jury to try any civil or criminal case in accordance with the provisions of chapter 12.12 RCW. No jury trial may be held in a proceeding involving a traffic infraction.

(2) The district court shall have state-wide jurisdiction to take recognizance, approve bail, and arraign defendants held within the jurisdiction on warrants issued by any judicial officer of a court of limited jurisdiction within the state.

Sec. 2. RCW 3.66.060 and 1984 c 258 s 44 are each amended to read as follows:

The district court shall have jurisdiction: (1) Concurrent with the superior court of all misdemeanors and gross misdemeanors committed in their respective counties and of all violations of city ordinances. It shall in no event impose a greater punishment than a fine of five thousand dollars, or imprisonment for one year in the county or city jail as the case may be, or both such fine and imprisonment, unless otherwise expressly provided by statute. It may suspend and revoke vehicle operators' licenses in the cases provided by law; (2) to sit as a committing magistrate and conduct preliminary hearings in cases provided by law; (3) concurrent with the superior court of a proceeding to keep the peace in their respective counties; (4) concurrent with the superior court of all violations under Title 75 RCW; ((~~and~~)) (5) to hear and determine traffic infractions under chapter 46.63 RCW; and (6) to take recognizance, approve bail, and arraign defendants held within the jurisdiction on warrants issued by any judicial officer of a court of limited jurisdiction within the state.

Sec. 3. RCW 3.66.070 and 1991 c 290 s 2 are each amended to read as follows:

All criminal actions shall be brought in the district where the alleged violation occurred: PROVIDED, That (1) the prosecuting attorney may file felony cases in the district in which the county seat is located, (2) with the consent of the defendant criminal actions other than those arising out of violations of city ordinances may be brought in or transferred to the district in which the county seat is located, ((~~and~~)) (3) if the alleged violation relates to driving, or being in actual physical control of, a motor vehicle while under the influence of intoxicating liquor or any drug and the alleged violation occurred within a judicial district which has been designated an enhanced enforcement district under RCW 2.56.110, the charges may be filed in that district or in a district within the same county which is adjacent to the district in which the alleged violation occurred, and (4) the district court shall have state-wide jurisdiction to take recognizance, approve bail, and arraign defendants held within the jurisdiction on warrants issued by any judicial officer of a court of limited jurisdiction within the state.

Sec. 4. RCW 3.46.030 and 1985 c 303 s 13 are each amended to read as follows:

A municipal department shall have exclusive jurisdiction of matters arising from ordinances of the city, shall have state-wide jurisdiction to take recognizance, approve bail, and arraign defendants held within the jurisdiction on warrants issued by any judicial officer of a court of limited jurisdiction within the state, and no jurisdiction of other matters except as conferred by statute.

Sec. 5. RCW 3.50.020 and 1985 c 303 s 14 are each amended to read as follows:

The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city ordinances and exclusive original criminal jurisdiction of all violations of city ordinances duly adopted by the city in which the municipal court is located and shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared or given by such ordinances or by state statutes. The municipal court shall also have the jurisdiction as conferred by statute. The municipal court is empowered to forfeit cash bail or bail bonds and issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic infractions, arising under such ordinances and to pronounce judgment in accordance therewith. The municipal court may take recognizance, approve bail, and arraign defendants held within the jurisdiction on warrants issued by any judicial officer of a court of limited jurisdiction within the state.

Sec. 6. RCW 35.20.030 and 1993 c 83 s 3 are each amended to read as follows:

The municipal court shall have jurisdiction to try violations of all city ordinances and all other actions brought to enforce or recover license penalties or forfeitures declared or given by any such ordinances. It is empowered to forfeit cash bail or bail bonds and issue execution thereon, to hear and determine all causes, civil or criminal, arising under such ordinances, and to pronounce judgment in accordance therewith: PROVIDED, That for a violation of the criminal provisions of an ordinance no greater punishment shall be imposed than a fine of five thousand dollars or imprisonment in the city jail not to exceed one year, or both such fine and imprisonment, but the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime. All civil and criminal proceedings in municipal court, and judgments rendered therein, shall be subject to review in the superior court by writ of review or on appeal: PROVIDED, That an appeal from the court's determination or order in a traffic infraction proceeding may be taken only in accordance with RCW 46.63.090(5). Costs in civil and criminal cases may be taxed as provided in district courts. The municipal court may take recognizance, approve bail, and arraign defendants held within the jurisdiction on warrants issued by any judicial officer of a court of limited jurisdiction within the state.

NEW SECTION. Sec. 7. (1) There is created a task force to study the granting of state-wide warrant jurisdiction to courts of limited jurisdiction. The task force shall determine if it would be beneficial to the operation of the criminal justice system in this state to grant municipal and district courts the authority to take recognizance, approve bail, and arraign defendants on warrants issued by any judicial officer of a court of limited jurisdiction within the state. The task force shall also make recommendations on implementing such jurisdiction including, but not limited to, a review of such issues as speedy trial, appointment of counsel, plea agreements, efficient use of court personnel and resources, and payment of expenses such as transportation, salaries, and per diem. The task force shall also consider the effect of state-wide warrant jurisdiction on local city and county jail populations including, but not limited to, providing for costs of incarceration, as well as mechanisms for managing offenders who are temporarily in custody within the local city or county jail. The task force may also study any other relevant matters that arise during the course of this study.

(2) The task force shall consist of the following members:

(a) One district court judge, appointed by the Washington state municipal and district court judges association;

(b) One municipal court judge, appointed by the Washington state municipal and district court judges association;

(d) One public defender, appointed by the Washington defender association;

(e) One sheriff or police chief, appointed by the Washington association of sheriffs and police chiefs;

(f) Two representatives from the counties, one representative from a large county and one representative from a small county, appointed by the Washington state association of counties;

(g) One county official, appointed by the Washington state association of counties;

(h) Two representatives from the cities, one representative from a large city and one representative from a small city, appointed by the association of Washington cities;

(i) One law enforcement officer, appointed by the Washington association of sheriffs and police chiefs;

(j) One county jail administrator, appointed by the Washington association of sheriffs and police chiefs, corrections committee;

(k) Two members from the senate, one from each of the two largest caucuses, appointed by the president of the senate; and

(l) Two members from the house of representatives, one from each of the two largest caucuses, appointed by the co-speakers of the house of representatives.

(3) The chair of the task force shall be selected by the members of the task force. The task force shall submit its recommendations to the chairs of the senate and house of representatives judiciary committees by December 15, 1999.

NEW SECTION. Sec. 8. Sections 1 through 6 of this act take effect July 1, 2000."

HB 1872 - S COMM AMD

By Committee on Judiciary

NOT ADOPTED 4/15/99

On page 1, line 2 of the title, after "jurisdiction;" strike the remainder of the title and insert "amending RCW 3.66.010, 3.66.060, 3.66.070, 3.46.030, 3.50.020, and 35.20.030; creating a new section; and providing an effective date."