1070

AN ACT Relating to sentencing persons for crimes committed while armed with a firearm; amending RCW 9.94A.310, 9A.36.041, 9A.36.070, 9A.52.100, 9A.56.050, 9A.76.020, 9A.76.130, and 9.94A.370; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 9.94A.310 and 1992 c 145 s 9 are each amended to read as follows:

(1) TABLE 1

Sentencing Grid

SERIOUSNESS

SCORE OFFENDER SCORE

9 or

0 1 2 3 4 5 6 7 8 more

XV Life Sentence without Parole/Death Penalty

XIV 23y4m 24y4m 25y4m 26y4m 27y4m 28y4m 30y4m 32y10m 36y 40y

240- 250- 261- 271- 281- 291- 312- 338- 370- 411-

320 333 347 361 374 388 416 450 493 548

XIII 12y 13y 14y 15y 16y 17y 19y 21y 25y 29y

123- 134- 144- 154- 165- 175- 195- 216- 257- 298-

164 178 192 205 219 233 260 288 342 397

XII 9y 9y11m 10y9m 11y8m 12y6m 13y5m 15y9m 17y3m 20y3m 23y3m

93- 102- 111- 120- 129- 138- 162- 178- 209- 240-

123 136 147 160 171 184 216 236 277 318

XI 7y6m 8y4m 9y2m 9y11m 10y9m 11y7m 14y2m 15y5m 17y11m 20y5m

78- 86- 95- 102- 111- 120- 146- 159- 185- 210-

102 114 125 136 147 158 194 211 245 280

X 5y 5y6m 6y 6y6m 7y 7y6m 9y6m 10y6m 12y6m 14y6m

51- 57- 62- 67- 72- 77- 98- 108- 129- 149-

68 75 82 89 96 102 130 144 171 198

IX 3y 3y6m 4y 4y6m 5y 5y6m 7y6m 8y6m 10y6m 12y6m

31- 36- 41- 46- 51- 57- 77- 87- 108- 129-

41 48 54 61 68 75 102 116 144 171

VIII 2y 2y6m 3y 3y6m 4y 4y6m 6y6m 7y6m 8y6m 10y6m

21- 26- 31- 36- 41- 46- 67- 77- 87- 108-

27 34 41 48 54 61 89 102 116 144

VII 18m 2y 2y6m 3y 3y6m 4y 5y6m 6y6m 7y6m 8y6m

15- 21- 26- 31- 36- 41- 57- 67- 77- 87-

20 27 34 41 48 54 75 89 102 116

VI 13m 18m 2y 2y6m 3y 3y6m 4y6m 5y6m 6y6m 7y6m

12+- 15- 21- 26- 31- 36- 46- 57- 67- 77-

14 20 27 34 41 48 61 75 89 102

V 9m 13m 15m 18m 2y2m 3y2m 4y 5y 6y 7y

6- 12+- 13- 15- 22- 33- 41- 51- 62- 72-

12 14 17 20 29 43 54 68 82 96

IV 6m 9m 13m 15m 18m 2y2m 3y2m 4y2m 5y2m 6y2m

3- 6- 12+- 13- 15- 22- 33- 43- 53- 63-

9 12 14 17 20 29 43 57 70 84

III 2m 5m 8m 11m 14m 20m 2y2m 3y2m 4y2m 5y

1- 3- 4- 9- 12+- 17- 22- 33- 43- 51-

3 8 12 12 16 22 29 43 57 68

II 4m 6m 8m 13m 16m 20m 2y2m 3y2m 4y2m

0-90 2- 3- 4- 12+- 14- 17- 22- 33- 43-

Days 6 9 12 14 18 22 29 43 57

I 3m 4m 5m 8m 13m 16m 20m 2y2m

0-60 0-90 2- 2- 3- 4- 12+- 14- 17- 22-

Days Days 5 6 8 12 14 18 22 29

NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.

(2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.

(3) The following additional times shall be added to the presumptive sentence if the offender or an accomplice was armed with a deadly weapon, other than a firearm, as defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice was armed with a deadly weapon, other than a firearm, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive range determined under subsection (2) of this section:

(a) 24 months for Rape 1 (RCW 9A.44.040), Robbery 1 (RCW 9A.56.200), or Kidnapping 1 (RCW 9A.40.020)

(b) 18 months for Burglary 1 (RCW 9A.52.020)

(c) 12 months for Assault 2 (RCW 9A.36.020 or 9A.36.021), Assault of a Child 2 (RCW 9A.36.130), Escape 1 (RCW 9A.76.110), Kidnapping 2 (RCW 9A.40.030), Burglary 2 of a building other than a dwelling (RCW 9A.52.030), Theft of Livestock 1 or 2 (RCW 9A.56.080), or any drug offense.

(4) If an offender or an accomplice was armed with a firearm during the commission of a felony, including but not limited to a felony that includes an element requiring the offender or an accomplice to be armed with a firearm, the following additional times may be added to the presumptive sentence for the felony. If the offender or an accomplice was armed with a firearm and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW, the following times may be added to the presumptive range determined under subsection (2) of this section:

(a) For a first conviction for an offense committed while armed with a firearm, 60 months;

(b) For a second conviction for an offense committed while armed with a firearm, 90 months;

(5) If an offender or an accomplice was armed with a firearm and fired upon a law enforcement officer while resisting arrest under RCW 9A.76.040, 120 months may be added to the presumptive sentence.

(6) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive sentence range determined under subsection (2) of this section:

(a) Eighteen months for offenses committed under RCW 69.50.401(a)(1)(i) or 69.50.410;

(b) Fifteen months for offenses committed under RCW 69.50.401(a)(1)(ii), (iii), and (iv);

For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.

((~~(5)~~)) (7) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435.

Sec. 2. RCW 9A.36.041 and 1987 c 188 s 2 are each amended to read as follows:

(1) A person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or custodial assault, he or she assaults another.

(2) Assault in the fourth degree, if committed while armed with a firearm is a class C felony, otherwise it is a gross misdemeanor.

Sec. 3. RCW 9A.36.070 and 1975 1st ex.s. c 260 s 9A.36.070 are each amended to read as follows:

(1) A person is guilty of coercion if by use of a threat he or she compels or induces a person to engage in conduct which the latter has a legal right to abstain from, or to abstain from conduct which he or she has a legal right to engage in.

(2) "Threat" as used in this section means:

(a) To communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or

(b) Threats as defined in RCW 9A.04.110(25)(a), (b), or (c).

(3) Coercion, if committed while armed with a firearm, is a class C felony, otherwise it is a gross misdemeanor.

Sec. 4. RCW 9A.52.100 and 1982 1st ex.s. c 47 s 14 are each amended to read as follows:

(1) A person is guilty of vehicle prowling in the second degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a vehicle other than a motor home, as defined in RCW 46.04.305, or a vessel equipped for propulsion by mechanical means or by sail which has a cabin equipped with permanently installed sleeping quarters or cooking facilities.

(2) Vehicle prowling in the second degree, if committed while armed with a firearm, is a class C felony, otherwise it is a gross misdemeanor.

Sec. 5. RCW 9A.56.050 and 1975 1st ex.s. c 260 s 9A.56.050 are each amended to read as follows:

(1) A person is guilty of theft in the third degree if he or she commits theft of property or services which does not exceed two hundred and fifty dollars in value.

(2) Theft in the third degree, if committed while armed with a firearm, is a class C felony, otherwise it is a gross misdemeanor.

Sec. 6. RCW 9A.76.020 and 1975 1st ex.s. c 260 s 9A.76.020 are each amended to read as follows:

((~~Every~~)) (1) A person who, ((~~(1)~~)) (a) without lawful excuse ((~~shall~~)) refuses or knowingly fails to make or furnish ((~~any~~)) a statement, report, or information lawfully required of ((~~him~~)) the person by a public servant, or ((~~(2)~~)) (b) in any such statement or report ((~~shall~~)) makes ((~~any~~)) a knowingly untrue statement to a public servant, or ((~~(3) shall~~)) (c) knowingly hinders, delays, or obstructs ((~~any~~)) a public servant in the discharge of his or her official powers or duties; ((~~shall be~~)) is guilty of a misdemeanor.

(2) A person armed with a firearm who knowingly hinders, delays, or obstructs a public servant in the discharge of his or her official powers or duties is guilty of a class C felony.

Sec. 7. RCW 9A.76.130 and 1975 1st ex.s. c 260 s 9A.76.130 are each amended to read as follows:

(1) A person is guilty of escape in the third degree if he or she escapes from custody.

(2) Escape in the third degree, if committed while armed with a firearm, is a class C felony, otherwise it is a gross misdemeanor.

Sec. 8. RCW 9.94A.370 and 1989 c 124 s 2 are each amended to read as follows:

(1) The intersection of the column defined by the offender score and the row defined by the offense seriousness score determines the presumptive sentencing range (see RCW 9.94A.310, (Table 1)). The additional time for deadly weapon findings or for ((~~those offenses~~)) other circumstances enumerated in RCW 9.94A.310((~~(4) that were committed in a state correctional facility or county jail~~)) (3) through (7) shall be added to the entire presumptive sentence range. The court may impose any sentence within the range that it deems appropriate. All presumptive sentence ranges are expressed in terms of total confinement.

(2) In determining any sentence, the trial court may rely on no more information than is admitted by the plea agreement, or admitted, acknowledged, or proved in a trial or at the time of sentencing. Acknowledgement includes not objecting to information stated in the presentence reports. Where the defendant disputes material facts, the court must either not consider the fact or grant an evidentiary hearing on the point. The facts shall be deemed proved at the hearing by a preponderance of the evidence. Facts that establish the elements of a more serious crime or additional crimes may not be used to go outside the presumptive sentence range except upon stipulation or when specifically provided for in RCW 9.94A.390(2) (c), (d), and (e).