SENATE BILL REPORT

SB 5834

BYSenators Pullen, Rasmussen, Conner, Metcalf, Benitz, Amondson, Thorsness, Craswell and Lee

Restricting use of plea agreements reducing felony charges below a felony.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 21, 1989

Senate Staff:Jon Carlson (786-7459)

AS OF FEBRUARY 17, 1989

BACKGROUND:

Under current law, misdemeanor convictions do not restrict an individual's right to purchase various types of firearms.  There have been persons charged with felonies that were reduced to misdemeanors by plea agreements, resulting in criminal histories that do not contain felony convictions.  These persons are able to purchase certain types of firearms that they would ordinarily be prohibited from buying if they had been convicted of the original felony charges.  It is suggested that the prosecutor's authority to reduce felony charges be restricted, while still allowing the recommendation of sentencing at the misdemeanor level.

SUMMARY:

A prosecutor may not reduce a felony charge to a misdemeanor or gross misdemeanor when the case clearly indicates that the defendant committed the felony.  The prosecutor may agree to recommend a sentence less than the standard range for the felony by recommending a sentence at a misdemeanor or gross misdemeanor range if the defendant enters a guilty plea to the felony charge.

A prosecutor who enters a plea agreement is personally liable for damages if a crime is committed with a firearm which would have been unavailable except for the reduction of a felony charge to a misdemeanor or gross misdemeanor.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 16, 1989