HOUSE BILL ANALYSIS

HB 1860

 

 

Title:  An act relating to removing robbery 2 from the "three strikes" list.

 

Brief Description:  Removing robbery 2 from the "three strikes" list.

 

Sponsors:  Representatives Koster, Constantine, Cairnes, Hurst, Hatfield, Lovick, Barlean, Dickerson, Lantz, Quall, Veloria, Wood, Kagi and Thomas.

 

 

HOUSE COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS

 

Staff:  Yvonne Walker (786-7841). 

 

Background:

 

The criminal offense of robbery in the second degree is the unlawful taking of property (without a deadly weapon or firearm) by use or threat of force or fear of injury.  Robbery in the second degree is a seriousness level IV, class B felony.  A person with no criminal history would receive a presumptive range of three to nine months in jail.

 

Under what is commonly referred to as the "Three Strikes and You're Out" law, a persistent offender is subject to a sentence of life imprisonment.  A person is considered a "persistent offender" if he or she commits three most serious offenses.  A "most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies:

 

$any felony defined under any law as a class A felony;

$assault in the second degree;

$assault of a child in the second degree;

$child molestation in the second degree;

$controlled substance homicide;

$extortion in the first degree;

$incest when committed against a child under age 14;

$indecent liberties;

$kidnapping in the second degree;

$leading organized crime;

$manslaughter in the first degree;

$manslaughter in the second degree;

$promoting prostitution in the first degree;

$rape in the third degree;


$robbery in the second degree;

$sexual exploitation;

$vehicular assault;

$any other class B felony offense with a finding of sexual motivation; and

$any other felony with a deadly weapon verdict.

 

Summary:

 

The offense of robbery in the second degree is deleted from the list of Amost serious offenses.@ This offense will no longer count as a strike under the "Three Strikes and You're Out" law.

 

Fiscal Note:  Available.

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

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