HOUSE BILL ANALYSIS

HB 1849

Title:  An act relating to imposing an exceptional sentence.

Brief Description:  Expanding aggravating circumstances when a court may impose an exceptional sentence.

Sponsors:  Representatives Kagi, Carrell, Tokuda, Boldt, Lovick, Barlean, McIntire, Edwards, Kenney and Schual‑Berke.

HOUSE COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS

Staff:  Yvonne Walker (786-7841).

Background:

In sentencing a defendant who is convicted of a misdemeanor or gross misdemeanor, the court generally has complete leeway to impose any sentence up to the maximum allowed by law.

Under the Sentencing Reform Act (SRA), however, Apresumptive@ sentence ranges are statutorily prescribed and when sentencing a defendant who is convicted of a felony, the standard range is presumed to be appropriate for the typical felony case.  However, the law provides that in exceptional cases, a court has the discretion to depart from the standard range and may impose an exceptional sentence below the presumptive range (with a mitigating circumstance) or above the range (with an aggravating circumstance) if there are sufficient Amitigating@ or Aaggravating@ factors.  The SRA provides Aillustrative@ mitigating and aggravating factors as examples of the kinds of factors a court may use to justify an Aexceptional@ sentence outside of the presumptive range.  Among the illustrative aggravating factors provided by the SRA are deliberate cruelty by a defendant, vulnerability of a victim, sexual motivation on the part of the defendant, and multiple incidents of abuse of a victim.

Summary:

The list of Aillustrative@ aggravating factors in the Sentencing Reform Act is expanded to include Aan offender who knew the victim was a runaway (a youth who was not residing with a legal custodian)@ and the offender established or promoted the relationship for the primary purposes of victimization.  This new illustrative aggravating circumstance is an example of a kind of factor a court may use to justify an exceptional sentence outside of the presumptive range.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Office of Program Research