HOUSE BILL REPORT
2SHB 684
BYHouse Committee on Ways & Means/Appropriations (originally sponsored by Representatives Cooper, Holm, Patrick, Valle, Ballard, Crane, Lewis, Zellinsky, Schmidt, Haugen, Hargrove, Heavey, Bristow, Winsley, Todd, Allen, Rasmussen, Kremen, Baugher, Beck, Sanders, P. King, Moyer, Amondson, Brough, Fuhrman, L. Smith, Betrozoff and Rayburn)
Revising provisions relating to criminal sentencing.
House Committe on Judiciary
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. (9)
Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Hargrove, Heavey, Niemi, Scott, Wang and Wineberry.
Minority Report: Do not pass. (1)
Signed by Representative Brough
House Staff:Bill Perry (786-7122)
Rereferred House Committee on Ways & Means/Appropriations
Majority Report: The second substitute bill be substituted therefor and the second substitute bill do pass. (22)
Signed by Representatives Locke, Chair; Allen, Belcher, Braddock, Brekke, Bristow, Ebersole, Fuhrman, Grant, Grimm, Hine, Holland, McLean, McMullen, Nealey, Niemi, Peery, Sayan, Silver, H. Sommers, Sprenkle and B. Williams.
House Staff: Jim Lux (786-7152)
AS PASSED HOUSE MARCH 20, 1987
BACKGROUND:
The Sentencing Reform Act (SRA) generally provides for presumptive and determinate sentences for convicted felons. That is, sentences imposed by judges are to fall within statutorily established ranges, and are to run for a definite period of time known to the defendant at the time of sentencing. The presumptive sentence for a particular conviction is determined by the ranking of the crime as to its seriousness and by the criminal history of the defendant.
An exceptional sentence outside the presumptive ranges is authorized if mitigating or aggravating circumstances exist, and written justification for the sentence is given by the judge. Sentences (except for orders of restitution) cannot, however, exceed the statutory maximum for the crime even in an exceptional sentence. The maximum sentence is five years for a class C felony, ten years for a class B felony and life for a class A felony.
Various statutory rules in the SRA determine how much a particular prior conviction counts for purposes of criminal history. If the current offense for which an offender is being sentenced is escape, only prior convictions for escape count as criminal history. Only certain serious traffic offenses count for purposes of criminal history. Those offenses are vehicular assault or homicide, and felony hit and run. Other-state and federal convictions count as criminal history under the SRA only when they are violent offenses.
Alternatives to imprisonment, such as community supervision or partial confinement, are available as part of an exceptional sentence and also for first time non-violent offenders. "Violent offenses" include all class A felonies, and certain other felonies.
Multiple sentences for multiple current convictions under the SRA are generally served concurrently. Also, if the crimes for which an offender is being sentenced are found to "encompass the same criminal conduct", then the crimes are treated as one for purposes of establishing criminal history. The common law "merger doctrine" prevents separate conviction and sentencing for a lesser crime that is by definition part of a more serious crime for which an offender is being sentenced, when the two offenses were committed in furtherance of the same act. For example, an offender who is convicted of first degree rape and who kidnapped the victim in order to commit the rape, cannot also be convicted of kidnap because kidnapping is one of the elements of first degree rape.
SUMMARY:
Eluding a police officer is added to the list of "serious traffic offenses". All prior criminal history, not just prior escape convictions, counts in sentencing for a current escape conviction. Only prior escapes or failures to return count in sentencing for failure to return from furlough or work release.
Judges are authorized to impose restrictions on an offender's contact with other persons for up to the maximum sentence for the crime of conviction.
Judges are authorized to order school or work release as a part of a sentence of partial confinement. The sentence may include a requirement to comply with the rules of the school or work release facility. A violation of the rules may result in immediate transfer to total confinement without court order.
All other-state or federal convictions for felonies count as criminal history under the SRA.
EFFECT OF SENATE AMENDMENT(S): The amendment changes a provision of current law by limiting vehicular homicide as a violent offense to instances in which DWI or reckless driving is involved. The amendment also modifies a provision added by the house bill concerning transfer of a person on work release and adds a definition of "same criminal conduct" which is used to determine what sentence a court will be required to impose on a defendant when he or she has been convicted of multiple offenses.
The amendment adds a number of new provisions as well. A person who gains consent to sexual intercourse through a patient- counselor relationship is guilty of third degree rape. The crime of homicide by abuse is created.
New crimes relating to sexual offenses involving minors are also created. These include: Rape of a child 1 (victim under 12, defendant 36 months older); rape of a child 2 (victim 12 to 14, defendant 36 months older); statutory rape (victim 14 to 16, defendant 36 months older); sexual misconduct with a minor 1 (victim 16 to 18, defendant 48 months older and in significant relationship); and sexual misconduct with a minor 2 (sexual contact, victim 14 to 18, defendant 48 months older and in significant relationship). A pattern of sexual abuse is added as an aggravating circumstance in sentencing.
Electric weapons are defined as firearms and it is a crime to use an electric weapon for purposes other than self-defense.
Colleges and universities are authorized to adopt rules regulating the possession of firearms by students while students are residing in or visiting dormitories for single students.
The period of time for revocation of driver's license for vehicular homicide or vehicular assault is changed. Vehicular homicide, which currently results in two year revocation, may result in from two to ten years, as determined by the court. Vehicular assault, which currently results in a one year revocation, may result in a one to five year revocation, as determined by the court.
A task force on civil infractions is established and directed to report to the legislature on those misdemeanors and gross misdemeanors that may be decriminalized. The report is due June 30, 1989. A mechanism for enforcement of civil infractions is established and several offenses are decriminalized.
The sexual offender provisions are declared to be an emergency and go into effect July 1, 1988. The civil infractions provisions, except for the creation of the task force, go into effect January 1, 1989.
Fiscal Note: Requested March 7, 1987.
House Committee ‑ Testified For: (Judiciary) Art Curtis, Washington Association of Prosecuting Attorneys; David Boerner (in part for).
Substitute: (Ways & Means/Appropriations) Mike Redman, Washington Association of Prosecuting Attorneys.
House Committee - Testified Against: (Judiciary) David Boerner (in part against).
Substitute: (Ways & Means/Appropriations) None Presented.
House Committee - Testimony For: (Judiciary) The bill closes various gaps in the sentencing law. It provides appropriately greater sentences for certain crimes.
Substitute: (Ways & Means/Appropriations) Testimony before the committee supported that given in the Judiciary Committee for the first substitute bill.
House Committee - Testimony Against: (Judiciary) The Sentencing Guidelines Commission should have been given a chance to work on the bill. The bill will have a large fiscal impact.
Substitute: (Ways & Means/Appropriations) None Presented.
VOTE ON FINAL PASSAGE:
Yeas 97; Excused 1
Excused: Representative Padden