FINAL BILL REPORT

HB 753

                                  C 224 L 87

BYRepresentatives Locke, Padden, Armstrong and Scott; by request of Sentencing Guidelines Commission

Classifying criminal mistreatment for sentencing purposes.

House Committe on Judiciary

Senate Committee on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

Most felonies are ranked by level of seriousness.  The least serious felonies are ranked in level I; the most serious in level XIII.  Sentencing is then based on the seriousness of the crime, plus the defendant's prior criminal history.

In 1986, the crime of criminal mistreatment was enacted.  Criminal mistreatment is causing harm to a child or dependent person by acting recklessly or by recklessly withholding any of the basic necessities of life.

Criminal mistreatment in the first degree causes great bodily harm.  Criminal mistreatment in the second degree occurs if the defendant recklessly creates the risk of great bodily harm or causes substantial bodily harm by recklessly withholding any of the basic necessities of life.

Criminal mistreatment in the first degree is a class B felony.  Criminal mistreatment in the second degree is a class C felony.  Criminal mistreatment is not ranked in the statutory table describing the seriousness of crimes used to determine sentences.  The present sentence range for both a first and second degree criminal mistreatment conviction is one to twelve months, the sentence range for all unranked felonies.

SUMMARY:

Criminal mistreatment is added to the statutory table describing the level of seriousness of a crime.  First degree criminal mistreatment is added to level V, with a sentence range of six to twelve months for a first-time offender.  Second degree criminal mistreatment is added to level III, with a sentence range of one to three months for a first-time offender.

VOTES ON FINAL PASSAGE:

      House 94   0

      Senate    46     0

EFFECTIVE:July 1, 1987