HOUSE BILL REPORT

HB 753

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

Classifying criminal mistreatment for sentencing purposes.

House Committe on Judiciary

Majority Report:     Do pass.  (17)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, Heavey, P. King, Lewis, Locke, Moyer, Niemi, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Charlie Gavigan (786-7392)

AS PASSED HOUSE MARCH 12, 1987

BACKGROUND:

Most felonies are ranked by level of seriousness.  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 table describing the seriousness of crimes (RCW 9.94A.320) used to determine sentences.  The present sentence range for both a first and second degree criminal mistreatment conviction is one to 12 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 (sentence of six to 12 months).  Second degree criminal mistreatment is added to Level III (sentence of one to three months).

Fiscal Note:    Not Requested.

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

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     Criminal mistreatment is broken down by degree (first or second) in the sentencing table to more specifically relate it to similar crimes by level of seriousness.

House Committee - Testimony Against: None Presented.