AN
ACT Relating to granting state-wide warrant jurisdiction to courts of limited
jurisdiction; amending RCW 3.66.010, 3.66.060, 3.66.070, 3.46.030, 3.50.020, and
35.20.030; and creating new sections.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
administrator for the courts shall establish a pilot program for the efficient
state-wide processing of warrants issued by courts of limited jurisdiction.
The pilot program shall contain procedures and criteria for courts of limited
jurisdiction to enter into agreements with other courts of limited jurisdiction
throughout the state to process each other's warrants when the defendant is
within the processing court's jurisdiction. The administrator for the courts
shall establish a formula for allocating between the court processing the
warrant and the court that issued the warrant any moneys collected and costs
associated with the processing of warrants.
Sec.
2. 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)
A district court participating in the program established by the office of the
administrator for the courts pursuant to section 1 of this act shall have
jurisdiction to take recognizance, approve bail, and arraign defendants held
within its jurisdiction on warrants issued by any other court of limited
jurisdiction participating in the program.
Sec.
3. 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 its jurisdiction on warrants
issued by other courts of limited jurisdiction when those courts are
participating in the program established under section 1 of this act.
Sec.
4. 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) a district court
participating in the program established by the office of the administrator for
the courts pursuant to section 1 of this act shall have jurisdiction to take
recognizance, approve bail, and arraign defendants held within its jurisdiction
on warrants issued by any other court of limited jurisdiction participating in
the program.
Sec.
5. 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, and no jurisdiction of other matters except as
conferred by statute. A municipal department participating in the program
established by the office of the administrator for the courts pursuant to
section 1 of this act shall have jurisdiction to take recognizance, approve
bail, and arraign defendants held within its jurisdiction on warrants issued by
any court of limited jurisdiction participating in the program.
Sec.
6. 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. A municipal court participating
in the program established by the office of the administrator for the courts
pursuant to section 1 of this act shall have jurisdiction to take recognizance,
approve bail, and arraign defendants held within its jurisdiction on warrants
issued by any court of limited jurisdiction participating in the program.
Sec.
7. 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.
A municipal court participating in the program established by the office of
the administrator for the courts pursuant to section 1 of this act shall have
jurisdiction to take recognizance, approve bail, and arraign defendants held
within its jurisdiction on warrants issued by any court of limited jurisdiction
participating in the program.
NEW SECTION. Sec. 8. The
program established by the office of the administrator for the courts pursuant
to section 1 of this act shall by June 1, 2003, report to the legislature on
the effectiveness and costs of the pilot program. Copies of the report shall
be distributed to the house of representatives judiciary committee and the
senate judiciary committee.
