Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety & Emergency Preparedness Committee

SB 6256

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Adding commercial sexual abuse of a minor to the list of criminal street gang-related offenses.

Sponsors: Senators Conway, Delvin, Roach, Chase, Kohl-Welles, Eide, Litzow, Fraser, Stevens, Pflug, Regala, Nelson, Keiser and Holmquist Newbry.

Brief Summary of Bill

  • Adding Promoting Commercial Sexual Abuse of a Minor to the definition of criminal street gang-related offense.

Hearing Date: 2/15/12

Staff: Sarah Koster (786-7303).

Background:

A criminal street gang-related offense is any felony or misdemeanor offense that is committed for the benefit of, at the direction of, or in association with any criminal street gang, or is committed with the intent to promote, further, or assist in any criminal conduct by the gang, or is committed for one or more of the following reasons:

  1. to gain admission, prestige, or promotion within the gang;

  2. to increase or maintain the gang's size, membership, prestige, dominance, or control;

  3. to exact revenge or retribution for the gang;

  4. to obstruct justice, or intimidate or eliminate any witness against the gang or any member of the gang;

  5. to directly or indirectly cause any advantage for the gang; or

  6. to provide the gang with any advantage in, or any control or dominance over any criminal market sector, including, but not limited to, manufacturing, delivering, or selling any controlled substance, Arson, Trafficking in Stolen Property, Promoting Prostitution, human Trafficking, or Promoting Pornography.

A determination that an offense is a criminal street gang-related offense can result in a sentencing enhancement if it is found that the defendant compensated, threatened, or solicited a minor in order to involve the minor in the commission of the offense.

Summary of Bill:

Senate Bill 6256 expands the definition of criminal street gang-related offense to include any felony or misdemeanor that is committed to provide the gang with an advantage in the criminal market of Commercial Sexual Abuse of Minors.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.