Juvenile misdemeanor jdx

AN ACT Relating to concurrent jurisdiction for courts of limited 1
jurisdiction over juvenile misdemeanor offenses; reenacting and 2
amending RCW 13.04.030; adding a new section to chapter 13.04 RCW; 3
and creating a new section. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature finds that a quick 6
response to alleged juvenile offenses may prevent further juvenile 7
offenses and better serve the community. Given the large volume of 8
cases heard in juvenile court, the legislature intends to provide 9
greater flexibility in allowing courts of limited jurisdiction to 10
have concurrent jurisdiction over less serious juvenile offenses. 11
When courts of limited jurisdiction are capable of hearing these 12
cases and respond more quickly, it will better serve the community to 13
have this option.14
Sec. 2. RCW 13.04.030 and 2024 c 232 s 2 and 2024 c 117 s 3 are 15
each reenacted and amended to read as follows: 16
(1) Except as provided in this section, the juvenile courts in 17
this state shall have exclusive original jurisdiction over all 18
proceedings: 19
H-0976.1
HOUSE BILL 1752
State of Washington 69th Legislature 2025 Regular Session
By Representatives Duerr, Parshley, and Reed
Read first time 01/31/25. Referred to Committee on Early Learning &
Human Services.
p. 1 HB 1752
(a) Under the interstate compact on placement of children as 1
provided in chapter 26.34 RCW; 2
(b) Relating to children alleged or found to be dependent as 3
provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.161;4
(c) Relating to the termination of a parent and child 5
relationship as provided in RCW 13.34.180 through 13.34.210;6
(d) To approve or disapprove out-of-home placement as provided in 7
RCW 13.32A.170; 8
(e) Relating to juveniles alleged or found to have committed 9
offenses, traffic or civil infractions, or violations as provided in 10
RCW 13.40.020 through 13.40.230, unless: 11
(i) The juvenile court transfers jurisdiction of a particular 12
juvenile to adult criminal court pursuant to RCW 13.40.110;13
(ii) The statute of limitations applicable to adult prosecution 14
for the offense, traffic or civil infraction, or violation has 15
expired; 16
(iii) The alleged offense or infraction is a traffic, fish, 17
boating, or game offense, or traffic or civil infraction committed by 18
a juvenile 16 years of age or older and would, if committed by an 19
adult, be tried or heard in a court of limited jurisdiction, in which 20
instance the appropriate court of limited jurisdiction shall have 21
jurisdiction over the alleged offense or infraction, and no guardian 22
ad litem is required in any such proceeding due to the juvenile's 23
age. If such an alleged offense or infraction and an alleged offense 24
or infraction subject to juvenile court jurisdiction arise out of the 25
same event or incident, the juvenile court may have jurisdiction of 26
both matters. The jurisdiction under this subsection does not 27
constitute "transfer" or a "decline" for purposes of RCW 13.40.110 28
(1) or (2) or (e)(i) of this subsection. Courts of limited 29
jurisdiction which confine juveniles for an alleged offense or 30
infraction may place juveniles in juvenile detention facilities under 31
an agreement with the officials responsible for the administration of 32
the juvenile detention facility in RCW 13.04.035 and 13.20.060;33
(iv) The alleged offense is a ((traffic or civil infraction, a 34
violation of compulsory school attendance provisions under chapter 35
28A.225 RCW, or a )) misdemeanor, and a court of limited jurisdiction 36
has assumed concurrent jurisdiction over those offenses as provided 37
in ((RCW 13.04.0301)) section 3 of this act; or 38
(v) The juvenile is 16 or 17 years old on the date the alleged 39
offense is committed and the alleged offense is: 40
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(A) A serious violent offense as defined in RCW 9.94A.030;1
(B) A violent offense as defined in RCW 9.94A.030 and the 2
juvenile has a criminal history consisting of: One or more prior 3
serious violent offenses; two or more prior violent offenses; or 4
three or more of any combination of the following offenses: Any class 5
A felony, any class B felony, vehicular assault, or manslaughter in 6
the second degree, all of which must have been committed after the 7
juvenile's 13th birthday and prosecuted separately; or8
(C) Rape of a child in the first degree. 9
(I) In such a case the adult criminal court shall have exclusive 10
original jurisdiction, except as provided in (e)(v)(C)(II) and (III) 11
of this subsection. 12
(II) The juvenile court shall have exclusive jurisdiction over 13
the disposition of any remaining charges in any case in which the 14
juvenile is found not guilty in the adult criminal court of the 15
charge or charges for which he or she was transferred, or is 16
convicted in the adult criminal court of an offense that is not also 17
an offense listed in (e)(v) of this subsection. The juvenile court 18
shall maintain residual juvenile court jurisdiction up to age 25 if 19
the juvenile has turned 18 years of age during the adult criminal 20
court proceedings but only for the purpose of returning a case to 21
juvenile court for disposition pursuant to RCW 13.40.300(2)(a)(ii).22
(III) The prosecutor and respondent may agree to juvenile court 23
jurisdiction and waive application of exclusive adult criminal 24
jurisdiction in (e)(v)(A) through (C) of this subsection and remove 25
the proceeding back to juvenile court with the court's approval.26
If the juvenile challenges the state's determination of the 27
juvenile's criminal history under (e)(v) of this subsection, the 28
state may establish the offender's criminal history by a 29
preponderance of the evidence. If the criminal history consists of 30
adjudications entered upon a plea of guilty, the state shall not bear 31
a burden of establishing the knowing and voluntariness of the plea;32
(f) Under the interstate compact on juveniles as provided in 33
chapter 13.24 RCW; 34
(g) Relating to termination of a diversion agreement under RCW 35
13.40.080, including a proceeding in which the divertee has attained 36
18 years of age; 37
(h) Relating to court validation of a voluntary consent to an 38
out-of-home placement under chapter 13.34 RCW, by the parent or 39
Indian custodian of an Indian child, except if the parent or Indian 40
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custodian and child are residents of or domiciled within the 1
boundaries of a federally recognized Indian reservation over which 2
the tribe exercises exclusive jurisdiction; and 3
(i) Relating to petitions to compel disclosure of information 4
filed by the department of social and health services pursuant to RCW 5
74.13.042. 6
(2) The family court shall have concurrent original jurisdiction 7
with the juvenile court over all proceedings under this section if 8
the superior court judges of a county authorize concurrent 9
jurisdiction as provided in RCW 26.12.010. 10
(3) The juvenile court shall have concurrent original 11
jurisdiction with the family or probate court over minor guardianship 12
proceedings under chapter 11.130 RCW and parenting plans or 13
residential schedules under chapter 26.09, 26.26A, or 26.26B RCW as 14
provided for in RCW 13.34.155. 15
(4) A juvenile subject to adult superior court jurisdiction under 16
subsection (1)(e)(i) through (v) of this section, who is detained 17
pending trial, may be detained in a detention facility as defined in 18
RCW 13.40.020 pending sentencing or a dismissal. 19
(5) Nothing in subsection (1) of this section deprives the 20
superior courts in this state of original jurisdiction granted by the 21
Constitution or by other laws. 22
NEW SECTION. Sec. 3. A new section is added to chapter 13.04 23
RCW to read as follows: 24
(1) Any county may authorize courts of limited jurisdiction 25
within the county to exercise concurrent jurisdiction with the 26
juvenile court according to the requirements of this section. Courts 27
of limited jurisdiction may exercise concurrent jurisdiction with the 28
juvenile court over misdemeanor offenses when: 29
(a) Those offenses are allegedly committed by a juvenile;30
(b) The alleged juvenile offender's standard range disposition 31
does not include a term of confinement as defined in RCW 13.40.020;32
(c) The county legislative authority has authorized concurrent 33
jurisdiction between the court of limited jurisdiction and the 34
juvenile court; 35
(d) The court of limited jurisdiction has an agreement with the 36
county juvenile detention facility that allows the court of limited 37
jurisdiction to order juveniles into the detention facility; and38
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(e) The court of limited jurisdiction has an agreement with the 1
county juvenile court to access the same community supervision and 2
restorative justice programming as juveniles who are adjudicated in 3
juvenile court. 4
(2) The juvenile court retains jurisdiction over an offense that 5
meets the description under subsection (1) of this section if the 6
juvenile is charged with another offense arising out of the same 7
incident and the juvenile court would otherwise have jurisdiction 8
over that subsequent offense. 9
(3) Jurisdiction under this section does not constitute a decline 10
or transfer of juvenile court jurisdiction under RCW 13.40.110.11
(4) The procedural and dispositional standards of chapter 13.40 12
RCW apply to juvenile offenses described under this section.13
(5) Adjudications entered by a court of limited jurisdiction 14
under this section must be included in a juvenile's criminal history 15
as provided in chapter 13.40 RCW. 16
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