H-968                _______________________________________________

                                                    HOUSE BILL NO. 628

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Tanner, L. Smith, Zellinsky, Haugen, Gallagher, Hargrove, Ebersole, Winsley, Todd, P. King, Ballard, Dobbs and Isaacson

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to presumptive sentences; amending RCW 9.94A.370; adding a new section to chapter 9.94A RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 9.94A RCW to read as follows:

          For persons convicted of felony offenses under chapters 9A.36, 9A.44, and 9A.64 RCW, where the crime was committed against a child under eight years of age, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the conviction, and multiplying the range by one hundred fifty percent.

        Sec. 2.  Section 8, chapter 115, Laws of 1983 as amended by section 20, chapter 209, Laws of 1984 and RCW 9.94A.370 are each amended to read as follows:

          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 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.

          In determining any sentence, the trial court may use no more information than is admitted by the plea agreement, and admitted to or acknowledged 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 real facts shall be deemed proven at the evidentiary hearing by a preponderance of the evidence.  Real facts that establish elements of a higher crime, a more serious crime, or additional crimes cannot be used to go outside the presumptive sentence range except upon stipulation, and except as provided under section 1 of this 1985 act.