HOUSE BILL REPORT

HB 1462

BYRepresentatives Wineberry, Crane, Meyers, Locke and P. King 

Amending disposition of juvenile offender charges.

House Committe on Judiciary

Majority Report:  Do pass.  (17)

      Signed by Representatives Armstrong, Chair, Crane, Vice Chair; Appelwick, Belcher, Brough Hargrove, P. King, Lewis, Locke, Meyers, Moyer, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Harry Reinert (786-7110)

AS REPORTED BY COMMITTEE ON JUDICIARY JANUARY 28, 1988

BACKGROUND:

A juvenile who is arrested for committing a juvenile offense may be subject to a juvenile court proceeding similar to a criminal trial or have his or her case transferred to a diversion program. The prosecutor is required to screen all complaints filed and determine if the case is within the jurisdiction of juvenile court and if there is probable cause to believe the juvenile committed the offense.  If the prosecutor determines the case is sufficient and within the court's jurisdiction, the juvenile may either be diverted or an information may be filed.  If the prosecutor decides not to divert the case or file an information, the prosecutor is required to keep a record of the decision and the reasons for it for one year.

A prosecutor is required to file an information if the alleged offender is accused of committing certain specified offenses, is accused of commiting a felony and has a criminal history that contains a specified number of offenses, or if the juvenile has been referred to the prosecutor by a diversion unit.  A prosecutor is required to divert a case if the juvenile's criminal history, including the alleged offense, consists of no more than three misdemeanor or gross misdemeanor offenses.  If a case does not fall within the mandatory filing or diverting criteria, the prosecutor may either file the case or divert the case.

SUMMARY:

The prosecutor's responsibility on determining whether to divert or file an information is modified.  If the prosecutor determines that there is not probable cause or that the court does not have jurisdiction, a record of the decision and the reasons must be kept for one year.  The ability to neither file nor divert if he conditions are satisfied is eliminated.

In addition to existing instances in which diversion is required, the prosecutor must divert a case if the alleged offense is: a non-felony traffic offense, other than driving while intoxicated, hit and run, reckless driving, or any other traffic offense that results in license revocation; a misdemeanor offense relating to possession of alcohol or small quantities of marijuana; or misdemeanor possession of fireworks.

A case must be filed if the juvenile has three or more diversions within the previous eighteen months, or if the juvenile has a criminal history that consists of four or more offenses or one class A or class B felony.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Bruce Knutson, King County Conference Committee.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    This bill will require prosecutors to file or divert all cases and result in more uniform treatment of juvenile offenders.  It also imposes a limit on the use of diversion for juveniles who are frequent offenders. 

House Committee - Testimony Against:      None Presented.