Committee OKs juvenile court jurisdiction bill

Legislation that would make changes to the age limit of children who are presumed incapable of committing a crime passed the state House Children, Youth and Families Committee in a party-line vote, 7-6, during a virtual executive session Thursday.

Senate Bill 5122 would increase the age range of children presumed incapable of committing crimes to 13 and younger, according to the bill’s text. Currently, children 8 and younger are presumed incapable of committing a crime.

Children ages 8 through 12 who are charged with first- or second-degree murder would be presumed incapable of committing a crime unless there is “clear and convincing evidence” the child knows what they did is wrong, according to the bill’s text.

Rep. Tom Dent, R-Moses Lake, said during the virtual executive session SB 5122 may hinder young children from learning the difference between right and wrong. By the age of 6, Dent said he already had a “pretty good idea” between what is good or bad.

Dent cited a time he toured a jail at a young age — it got his attention and reminded him that he would never want to end up there. This experience was one of the things that kept him from heading in a bad direction.

“Right now, I still don’t want to go because I don’t think they’re a pretty nice place,” Dent said.

Rep. Tana Senn, D-Mercer Island, said during the virtual executive session SB 5122 helps hold children accountable rather than culpable. The bill also acknowledges children's brain development process.

A group called Raise the Age Juvenile Justice Task Force would also be established under SB 5122. The task force would consider and provide recommendations on expanding juvenile court jurisdiction to 18- and 19-year-olds.

Rep. Jesse Young, R-Gig Harbor, had a proposed amendment to expand circumstances for which children ages 8 through 12 would be presumed incapable of committing a crime unless solid evidence proves otherwise.

Instead of just first- or second-degree murder, other serious violent offenses and second-degree rape would also be included, according to Young’s amendment.

“There are a number of other crimes that I believe we should be including in this (bill),” Young said during the virtual executive session. “Kids know what they’re doing, and they should know.”

Dent said Young’s amendment could help put sideboards in place for children. It can give them a sense of direction and help them realize there are consequences to their actions.

Senn said the criminal justice system is not an evidence-based rehabilitation system for children. Behavioral health and reconciliation services are more beneficial and would ensure children who commit crimes are raised in a community, not in prison.

The Senate passed SB 5122 on March 4 in a 27-21 vote.

As of Thursday, the bill was not scheduled for another public hearing, executive action or final passage in the House.