SENATE BILL REPORT

ESB 5090

BYSenators Nelson, Pullen, Talmadge and Benitz; by request of Sentencing Guidelines Commission

Establishing seriousness levels for unranked felonies.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 19, 1989; January 23, 1989

Majority Report:  Do pass as amended.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Madsen, Nelson, Newhouse, Niemi, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Cliff Petersen (786-7457)

                  April 3, 1989

House Committe on Judiciary

AS PASSED SENATE, FEBRUARY 6, 1989

BACKGROUND:

If a sentence range for a crime has not been established, the court is directed to impose a determinate sentence which may include not more than one year in confinement, community service work, not more than one year of community supervision and/or a fine.  If the court determines that there are substantial and compelling reasons, it may impose an exceptional sentence of more than one year of confinement.

During the 1987 and 1988 legislative sessions, four new crimes were enacted and were not assigned a seriousness level by the Legislature.

Eight other felonies that are presently unranked are offenses that are committed more frequently than most unranked felonies and thus a standard range is recommended for them.

SUMMARY:

Controlled substances homicide is assigned seriousness level IX (standard range 31 to 41 months).  Involving a minor in drug dealing is assigned seriousness level VII (15 to 20 months).  Custodial assault is assigned seriousness level III (one to three months).

Indecent liberties by a person who has supervisory authority over a victim who is developmentally disabled is assigned seriousness level VI (12-14 months).

Bail jumping with first degree murder is assigned to seriousness level VI (12 to 14 months), with any other class A felony is assigned to level V (six to 12 months), and with a class B or C felony is assigned to level III (one-three months).  Threats to bomb is classified in level IV and Securities Act violations are assigned to level III.

Delivery of imitation controlled substances to a minor is assigned to level V, delivery of material in lieu of a controlled substance is classified in level III, as is the crime to manufacture, distribute or possess with intent to distribute an imitation controlled substance.

This act applies to crimes committed after July 1, 1989.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 17, 1989

Senate Committee - Testified: Roxanne Park, Sentencing Guidelines Commission

HOUSE AMENDMENT:

The House amendments are technical in nature.