HOUSE BILL REPORT

HB 1466

BYRepresentatives Armstrong, Padden, Locke and P. King; by request of  Sentencing Guidelines Commission

Establishing seriousness levels for unranked felonies.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (12)

      Signed by Representatives Crane, Vice Chair; Belcher, P. King, Lewis, Meyers, Moyer, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Harry Reinert (786-7110)

AS REPORTED BY COMMITTEE ON JUDICIARY JANUARY 27, 1988

BACKGROUND:

The 1987 Legislature enacted several new crimes.  These included: controlled substances homicide, involving a minor in drug dealing, and custodial assault.  The offenses were not assigned a seriousness level by the Legislature.

A person who has been released by the court who fails to appear before the court at the time required is guilty of bail jumping.  If the person was charged with or convicted of murder in the first degree is a class A felony.  If the person is charged with or convicted of any other class A felony, bail jumping is a class B felony.  If the person is charged with or convicted of a class B or C felony, bail jumping is a class C felony.  If the person is charged with or convicted of a misdemeanor or gross misdemeanor, bail jumping is a misdemeanor.  Bail jumping has not been assigned a seriousness level on the sentencing grid.

It is a felony to threaten to bomb any school building, church, government building, or any place use for human occupancy.  Threatening to bomb is not assigned a seriousness level on the sentencing grid.

SUMMARY:

SUBSTITUTE BILL:  Controlled substances homicide is assigned seriousness level IX (standard range 31 to 40 months).  Involving a minor in drug dealing is assigned seriousness level VII (15 to 20 months).  Custodial assault is assigned seriousness level III (1 to 3 months).

Bail jumping with: murder 1 or homicide by abuse is assigned to seriousness level VI (12 to 14 months); with any other class A felony to seriousness level V (6 to 12 months); and with a class B or C felony to seriousness level IV (3 to 9 months).  Threats to bomb are also classified at seriousness level IV.

The act applies to crimes committed after July 1, 1988.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute deletes a provision which would have authorized the sentencing court to contact the sentencing guidelines commission when a newly created crime has not been ranked.  The substitute also adds homicide by abuse to murder 1 and bail jumping for purposes of sentencing.

Fiscal Note:      Requested January 26, 1988.

House Committee ‑ Testified For:    Roxanne Park, Sentencing Guidelines Commission.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The Legislature created several new crimes which need to be ranked on the sentencing grid.  There are a few other offenses, which were previously unranked, that the commission now believes should be placed on the grid.

House Committee - Testimony Against:      None Presented.