HOUSE BILL REPORT

EHB 1082

BYRepresentatives Padden, Appelwick, Dellwo, Rector, Heavey, P. King, R. Meyers, H. Myers, Wolfe, Ballard and Anderson; by request of Sentencing Guidelines Commission

Establishing seriousness levels for unranked felonies.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (19)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, P. King, Locke, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, Tate, Van Luven and Wineberry.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE FEBRUARY 24, 1989

BACKGROUND:

The Sentencing Reform Act created a presumptive sentencing system for felony crimes.  Part of that system is a sentencing grid that sets sentencing ranges based on an offender's criminal history and on the seriousness of the crime of which the offender is currently convicted. Various felonies are "ranked" according to seriousness.  There are 14 seriousness levels.  Level I includes relatively minor felonies such as writing bad checks, joy riding and unlawful use of food stamps.  Level XIV is aggravated first degree murder.

Not all felonies are ranked, however.  Some crimes outside of the criminal code have never been ranked, and new crimes are sometimes created by legislation that does not also rank the crimes.  Periodically, the Sentencing Guidelines Commission recommends legislation to rank previously unranked felonies.

There is also a statutory provision for sentencing felons convicted of unranked crimes.  Unless there are "substantial and compelling reasons" for a more lengthy sentence, a court may give no more than one year of confinement for conviction of an unranked felony.

SUMMARY:

Several previously unranked felony crimes are given seriousness level rankings.  A new factor is added for judges to consider in deciding whether there are sufficient reasons for a sentence of more than one year for conviction of an unranked felony.

The new crimes of "controlled substances homicide", "involving a minor in drug dealing", and "custodial assault" are ranked at levels IX, VII and III respectively.  A variety of previously unranked crimes are ranked.  These crimes include three kinds of bail jumping, bomb threats, indecent liberties, three crimes involving imitation controlled substances, and violations of the securities act.

Fiscal Note:      Requested January 19, 1989.

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

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    It is necessary to rank felonies in order to promote the purposes of the Sentencing Reform Act.

House Committee - Testimony Against:      None Presented.