BILL REQ. #:  S-0028.6 



_____________________________________________ 

SENATE BILL 5376
_____________________________________________
State of Washington63rd Legislature2013 Regular Session

By Senators Kline, Fain, Shin, Nelson, Keiser, Carrell, McAuliffe, Hill, Litzow, Tom, and Kohl-Welles

Read first time 01/28/13.   Referred to Committee on Human Services & Corrections.



     AN ACT Relating to juvenile firearms and weapons crimes; and amending RCW 13.40.0357, 13.40.127, 13.40.193, and 13.40.160.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 13.40.0357 and 2012 c 177 s 4 are each amended to read as follows:

DESCRIPTION AND OFFENSE CATEGORY
JUVENILE
DISPOSITION
OFFENSE
CATEGORY
DESCRIPTION (RCW CITATION)JUVENILE DISPOSITION
CATEGORY FOR
ATTEMPT, BAILJUMP,
CONSPIRACY, OR
SOLICITATION
. . . . . . . . . . . .
 Arson and Malicious Mischief
AArson 1 (9A.48.020)B+
BArson 2 (9A.48.030)C
CReckless Burning 1 (9A.48.040)D
DReckless Burning 2 (9A.48.050)E
BMalicious Mischief 1 (9A.48.070)C
CMalicious Mischief 2 (9A.48.080)D
DMalicious Mischief 3 (9A.48.090)E
  
ETampering with Fire Alarm Apparatus (9.40.100)E
ETampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105)E
APossession of Incendiary Device (9.40.120)
B+
Assault and Other Crimes Involving Physical Harm 
AAssault 1 (9A.36.011)B+
B+Assault 2 (9A.36.021)C+
C+Assault 3 (9A.36.031)D+
D+Assault 4 (9A.36.041)E
B+Drive-By Shooting (9A.36.045)C+
D+Reckless Endangerment (9A.36.050)E
C+Promoting Suicide Attempt (9A.36.060)D+
D+Coercion (9A.36.070)E
C+Custodial Assault (9A.36.100)D+
Burglary and Trespass 
B+Burglary 1 (9A.52.020)C+
BResidential Burglary (9A.52.025)C
BBurglary 2 (9A.52.030)C
DBurglary Tools (Possession of) (9A.52.060)E
DCriminal Trespass 1 (9A.52.070)E
ECriminal Trespass 2 (9A.52.080)E
CMineral Trespass (78.44.330)C
CVehicle Prowling 1 (9A.52.095)D
DVehicle Prowling 2 (9A.52.100)E
Drugs 
EPossession/Consumption of Alcohol (66.44.270)E
CIllegally Obtaining Legend Drug (69.41.020)D
C+Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a))D+
EPossession of Legend Drug (69.41.030(2)(b))E
B+Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b))B+
CViolation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c))C
EPossession of Marihuana <40 grams (69.50.4014)E
CFraudulently Obtaining Controlled Substance (69.50.403)C
C+Sale of Controlled Substance for Profit (69.50.410)C+
EUnlawful Inhalation (9.47A.020)E
BViolation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b))B
CViolation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e))C
CViolation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013)C
CViolation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4012)
C
Firearms and Weapons 
A-Unlawful Possession of a Firearm 1 (9.41.040(1))B+
B+Unlawful Possession of a Firearm 2 (9.41.040(2)(a)(i), (ii), or (iv))C+
B+Unlawful Possession of a Firearm 2 (9.41.040(2)(a)(iii)) Second or subsequent offenseC+
BTheft of Firearm (9A.56.300)C
BPossession of Stolen Firearm (9A.56.310)C
ECarrying Loaded Pistol Without Permit (9.41.050)E
CPossession of Firearms by Minor (<18) (9.41.040(2)(a)(iii))C
D+Possession of Dangerous Weapon (9.41.250)E
DIntimidating Another Person by use of Weapon (9.41.270)
E
Homicide 
A+Murder 1 (9A.32.030)A
A+Murder 2 (9A.32.050)B+
B+Manslaughter 1 (9A.32.060)C+
C+Manslaughter 2 (9A.32.070)D+
B+Vehicular Homicide (46.61.520)C+
Kidnapping 
AKidnap 1 (9A.40.020)B+
B+Kidnap 2 (9A.40.030)C+
C+Unlawful Imprisonment (9A.40.040)
D+
Obstructing Governmental Operation 
DObstructing a Law Enforcement Officer (9A.76.020)E
EResisting Arrest (9A.76.040)E
BIntroducing Contraband 1 (9A.76.140)C
CIntroducing Contraband 2 (9A.76.150)D
EIntroducing Contraband 3 (9A.76.160)E
B+Intimidating a Public Servant (9A.76.180)C+
B+Intimidating a Witness (9A.72.110)
C+
Public Disturbance 
C+Riot with Weapon (9A.84.010(2)(b))D+
D+Riot Without Weapon (9A.84.010(2)(a))E
EFailure to Disperse (9A.84.020)E
EDisorderly Conduct (9A.84.030)E
Sex Crimes 
ARape 1 (9A.44.040)B+
A-Rape 2 (9A.44.050)B+
C+Rape 3 (9A.44.060)D+
A-Rape of a Child 1 (9A.44.073)B+
B+Rape of a Child 2 (9A.44.076)C+
BIncest 1 (9A.64.020(1))C
CIncest 2 (9A.64.020(2))D
D+Indecent Exposure (Victim <14) (9A.88.010)E
EIndecent Exposure (Victim 14 or over) (9A.88.010)E
B+Promoting Prostitution 1 (9A.88.070)C+
C+Promoting Prostitution 2 (9A.88.080)D+
EO & A (Prostitution) (9A.88.030)E
B+Indecent Liberties (9A.44.100)C+
A-Child Molestation 1 (9A.44.083)B+
BChild Molestation 2 (9A.44.086)C+
CFailure to Register as a Sex Offender (9A.44.132)
D
Theft, Robbery, Extortion, and Forgery 
BTheft 1 (9A.56.030)C
CTheft 2 (9A.56.040)D
DTheft 3 (9A.56.050)E
BTheft of Livestock 1 and 2 (9A.56.080 and 9A.56.083)C
CForgery (9A.60.020)D
ARobbery 1 (9A.56.200)B+
B+Robbery 2 (9A.56.210)C+
B+Extortion 1 (9A.56.120)C+
C+Extortion 2 (9A.56.130)D+
CIdentity Theft 1 (9.35.020(2))D
DIdentity Theft 2 (9.35.020(3))E
DImproperly Obtaining Financial Information (9.35.010)E
BPossession of a Stolen Vehicle (9A.56.068)C
BPossession of Stolen Property 1 (9A.56.150)C
CPossession of Stolen Property 2 (9A.56.160)D
DPossession of Stolen Property 3 (9A.56.170)E
BTaking Motor Vehicle Without Permission 1 (9A.56.070)C
CTaking Motor Vehicle Without Permission 2 (9A.56.075)D
BTheft of a Motor Vehicle (9A.56.065)C
Motor Vehicle Related Crimes 
EDriving Without a License (46.20.005)E
B+Hit and Run - Death (46.52.020(4)(a))C+
CHit and Run - Injury (46.52.020(4)(b))D
DHit and Run-Attended (46.52.020(5))E
EHit and Run-Unattended (46.52.010)E
CVehicular Assault (46.61.522)D
CAttempting to Elude Pursuing Police Vehicle (46.61.024)D
EReckless Driving (46.61.500)E
DDriving While Under the Influence (46.61.502 and 46.61.504)E
B+Felony Driving While Under the Influence (46.61.502(6))B
B+Felony Physical Control of a Vehicle While Under the Influence (46.61.504(6))
B
Other 
BAnimal Cruelty 1 (16.52.205)C
BBomb Threat (9.61.160)C
CEscape 11 (9A.76.110)C
CEscape 21 (9A.76.120)C
DEscape 3 (9A.76.130)E
EObscene, Harassing, Etc., Phone Calls (9.61.230)E
AOther Offense Equivalent to an Adult Class A FelonyB+
BOther Offense Equivalent to an Adult Class B FelonyC
COther Offense Equivalent to an Adult Class C FelonyD
DOther Offense Equivalent to an Adult Gross MisdemeanorE
EOther Offense Equivalent to an Adult MisdemeanorE
VViolation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2 V


1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:

     1st escape or attempted escape during 12-month period - 4 weeks confinement
     2nd escape or attempted escape during 12-month period - 8 weeks confinement
     3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement

2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.


                         JUVENILE SENTENCING STANDARDS


This schedule must be used for juvenile offenders. The court may select sentencing option A, B, C, D, or RCW 13.40.167.

OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
A+180 weeks to age 21 for all category A+ offenses
A103-129 weeks for all category A offenses
A-15-36 weeks
Except 30-40 weeks
for 15 to 17 year olds
52-65 weeks80-100 weeks103-129 weeks103-129 weeks
CURRENTB+15-36 weeks15-36 weeks52-65 weeks80-100 weeks103-129 weeks
OFFENSEBLSLS15-36 weeks15-36 weeks52-65 weeks
CATEGORYC+LSLSLS15-36 weeks15-36 weeks
CLSLSLSLS15-36 weeks
D+LSLSLSLSLS
DLSLSLSLSLS
ELSLSLSLSLS


PRIOR ADJUDICATIONS01234 or more


NOTE: References in the grid to days or weeks mean periods of confinement. "LS" means "local sanctions" as defined in RCW 13.40.020.
     (1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.
     (2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.
     (3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.
     (4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.
     (5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.


               OR



               OPTION B
                    SUSPENDED DISPOSITION ALTERNATIVE


     (1) If the offender is subject to a standard range disposition involving confinement by the department, the court may impose the standard range and suspend the disposition on condition that the offender comply with one or more local sanctions and any educational or treatment requirement. The treatment programs provided to the offender must be either research-based best practice programs as identified by the Washington state institute for public policy or the joint legislative audit and review committee, or for chemical dependency treatment programs or services, they must be evidence-based or research-based best practice programs. For the purposes of this subsection:
     (a) "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population; and
     (b) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
     (2) If the offender fails to comply with the suspended disposition, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order the disposition's execution.
     (3) An offender is ineligible for the suspended disposition option under this section if the offender is:
     (a) Adjudicated of an A+ offense;
     (b) Fourteen years of age or older and is adjudicated of one or more of the following offenses:
     (i) A class A offense, or an attempt, conspiracy, or solicitation to commit a class A offense;
     (ii) Manslaughter in the first degree (RCW 9A.32.060); or
     (iii) Assault in the second degree (RCW 9A.36.021), extortion in the first degree (RCW 9A.56.120), kidnapping in the second degree (RCW 9A.40.030), robbery in the second degree (RCW 9A.56.210), residential burglary (RCW 9A.52.025), burglary in the second degree (RCW 9A.52.030), drive-by shooting (RCW 9A.36.045), vehicular homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), intimidating a witness (RCW 9A.72.110), violation of the uniform controlled substances act (RCW 69.50.401 (2)(a) and (b)), or manslaughter 2 (RCW 9A.32.070), when the offense includes infliction of bodily harm upon another or when during the commission or immediate withdrawal from the offense the respondent was armed with a deadly weapon;
     (c) Ordered to serve a disposition for a firearm violation under RCW 13.40.193; or
     (d) Adjudicated of a sex offense as defined in RCW 9.94A.030.


               OR



               OPTION C
                    CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE


     If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(4) and 13.40.165.


               OR



               OPTION D
                    MANIFEST INJUSTICE


If the court determines that a disposition under option A, B, or C would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).

Sec. 2   RCW 13.40.127 and 2012 c 177 s 1 are each amended to read as follows:
     (1) A juvenile is eligible for deferred disposition unless he or she:
     (a) Is charged with a sex or violent offense;
     (b) Is charged with unlawful possession of a firearm in the second degree, theft of a firearm, or possession of a stolen firearm;
     (c)
Has a criminal history which includes any felony;
     (((c))) (d) Has a prior deferred disposition or deferred adjudication; or
     (((d))) (e) Has two or more adjudications.
     (2) The juvenile court may, upon motion at least fourteen days before commencement of trial and, after consulting the juvenile's custodial parent or parents or guardian and with the consent of the juvenile, continue the case for disposition for a period not to exceed one year from the date the juvenile is found guilty. The court shall consider whether the offender and the community will benefit from a deferred disposition before deferring the disposition. The court may waive the fourteen-day period anytime before the commencement of trial for good cause.
     (3) Any juvenile who agrees to a deferral of disposition shall:
     (a) Stipulate to the admissibility of the facts contained in the written police report;
     (b) Acknowledge that the report will be entered and used to support a finding of guilt and to impose a disposition if the juvenile fails to comply with terms of supervision;
     (c) Waive the following rights to: (i) A speedy disposition; and (ii) call and confront witnesses; and
     (d) Acknowledge the direct consequences of being found guilty and the direct consequences that will happen if an order of disposition is entered.
     The adjudicatory hearing shall be limited to a reading of the court's record.
     (4) Following the stipulation, acknowledgment, waiver, and entry of a finding or plea of guilt, the court shall defer entry of an order of disposition of the juvenile.
     (5) Any juvenile granted a deferral of disposition under this section shall be placed under community supervision. The court may impose any conditions of supervision that it deems appropriate including posting a probation bond. Payment of restitution under RCW 13.40.190 shall be a condition of community supervision under this section.
     The court may require a juvenile offender convicted of animal cruelty in the first degree to submit to a mental health evaluation to determine if the offender would benefit from treatment and such intervention would promote the safety of the community. After consideration of the results of the evaluation, as a condition of community supervision, the court may order the offender to attend treatment to address issues pertinent to the offense.
     (6) A parent who signed for a probation bond has the right to notify the counselor if the juvenile fails to comply with the bond or conditions of supervision. The counselor shall notify the court and surety of any failure to comply. A surety shall notify the court of the juvenile's failure to comply with the probation bond. The state shall bear the burden to prove, by a preponderance of the evidence, that the juvenile has failed to comply with the terms of community supervision.
     (7)(a) Anytime prior to the conclusion of the period of supervision, the prosecutor or the juvenile's juvenile court community supervision counselor may file a motion with the court requesting the court revoke the deferred disposition based on the juvenile's lack of compliance or treat the juvenile's lack of compliance as a violation pursuant to RCW 13.40.200.
     (b) If the court finds the juvenile failed to comply with the terms of the deferred disposition, the court may:
     (i) Revoke the deferred disposition and enter an order of disposition; or
     (ii) Impose sanctions for the violation pursuant to RCW 13.40.200.
     (8) At any time following deferral of disposition the court may, following a hearing, continue supervision for an additional one-year period for good cause.
     (9)(a) At the conclusion of the period of supervision, the court shall determine whether the juvenile is entitled to dismissal of the deferred disposition only when the court finds:
     (i) The deferred disposition has not been previously revoked;
     (ii) The juvenile has completed the terms of supervision;
     (iii) There are no pending motions concerning lack of compliance pursuant to subsection (7) of this section; and
     (iv) The juvenile has either paid the full amount of restitution, or, made a good faith effort to pay the full amount of restitution during the period of supervision.
     (b) If the court finds the juvenile is entitled to dismissal of the deferred disposition pursuant to (a) of this subsection, the juvenile's conviction shall be vacated and the court shall dismiss the case with prejudice, except that a conviction under RCW 16.52.205 shall not be vacated. Whenever a case is dismissed with restitution still owing, the court shall enter a restitution order pursuant to RCW 13.40.190 for any unpaid restitution. Jurisdiction to enforce payment and modify terms of the restitution order shall be the same as those set forth in RCW 13.40.190.
     (c) If the court finds the juvenile is not entitled to dismissal of the deferred disposition pursuant to (a) of this subsection, the court shall revoke the deferred disposition and enter an order of disposition. A deferred disposition shall remain a conviction unless the case is dismissed and the conviction is vacated pursuant to (b) of this subsection or sealed pursuant to RCW 13.50.050.
     (10)(a)(i) Any time the court vacates a conviction pursuant to subsection (9) of this section, if the juvenile is eighteen years of age or older and the full amount of restitution ordered has been paid, the court shall enter a written order sealing the case.
     (ii) Any time the court vacates a conviction pursuant to subsection (9) of this section, if the juvenile is not eighteen years of age or older and full restitution ordered has been paid, the court shall schedule an administrative sealing hearing to take place no later than thirty days after the respondent's eighteenth birthday, at which time the court shall enter a written order sealing the case. The respondent's presence at the administrative sealing hearing is not required.
     (iii) Any deferred disposition vacated prior to June 7, 2012, is not subject to sealing under this subsection.
     (b) Nothing in this subsection shall preclude a juvenile from petitioning the court to have the records of his or her deferred dispositions sealed under RCW 13.50.050 (11) and (12).
     (c) Records sealed under this provision shall have the same legal status as records sealed under RCW 13.50.050.

Sec. 3   RCW 13.40.193 and 2003 c 53 s 100 are each amended to read as follows:
     (1) If a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040(((2)(a)(iii), the court shall impose a minimum disposition of ten days of confinement. If)), and the offender's standard range of disposition for the offense as indicated in RCW 13.40.0357 is more than thirty days of confinement, the court shall commit the offender to the department for the standard range disposition. ((The offender shall not be released until the offender has served a minimum of ten days in confinement.)) However, if a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040(2)(a)(iii) and the offender's standard range of disposition for the offense as indicated in RCW 13.40.0357 is less than thirty days of confinement, the court shall impose a minimum disposition of ten days of confinement.
     (2) If the court finds that the respondent or an accomplice was armed with a firearm, the court shall determine the standard range disposition for the offense pursuant to RCW 13.40.160. If the offender or an accomplice was armed with a firearm when the offender committed any felony other than possession of a machine gun, possession of a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, or use of a machine gun in a felony, the following periods of total confinement must be added to the sentence: For a class A felony, six months; for a class B felony, four months; and for a class C felony, two months. The additional time shall be imposed regardless of the offense's juvenile disposition offense category as designated in RCW 13.40.0357.
     (3) ((When a disposition under this section would effectuate a manifest injustice, the court may impose another disposition. When a judge finds a manifest injustice and imposes a disposition of confinement exceeding thirty days, the court shall commit the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. When a judge finds a manifest injustice and imposes a disposition of confinement less than thirty days, the disposition shall be comprised of confinement or community supervision or both.
     (4)
)) Any term of confinement ordered pursuant to this section shall run consecutively to any term of confinement imposed in the same disposition for other offenses.

Sec. 4   RCW 13.40.160 and 2011 c 338 s 2 are each amended to read as follows:
     (1) The standard range disposition for a juvenile adjudicated of an offense is determined according to RCW 13.40.0357.
     (a) When the court sentences an offender to a local sanction as provided in RCW 13.40.0357 option A, the court shall impose a determinate disposition within the standard ranges, except as provided in subsection (2), (3), (4), (5), or (6) of this section. The disposition may be comprised of one or more local sanctions.
     (b) When the court sentences an offender to a standard range as provided in RCW 13.40.0357 option A that includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement, except as provided in subsection (2), (3), (4), (5), or (6) of this section.
     (2) If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option D of RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.
     A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230.
     (3) If a juvenile offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court may impose the special sex offender disposition alternative under RCW 13.40.162.
     (4) If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose the disposition alternative under RCW 13.40.165.
     (5) If a juvenile is subject to a commitment of 15 to 65 weeks of confinement, the court may impose the disposition alternative under RCW 13.40.167.
     (6) When the offender is subject to a standard range commitment of 15 to 36 weeks and is ineligible for a suspended disposition alternative, a manifest injustice disposition below the standard range, special sex offender disposition alternative, chemical dependency disposition alternative, or mental health disposition alternative, the court in a county with a pilot program under RCW 13.40.169 may impose the disposition alternative under RCW 13.40.169.
     (7) RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(((2)(a)(iii))) or any crime in which a special finding is entered that the juvenile was armed with a firearm.
     (8) RCW 13.40.308 shall govern the disposition of any juvenile adjudicated of theft of a motor vehicle as defined under RCW 9A.56.065, possession of a stolen motor vehicle as defined under RCW 9A.56.068, taking a motor vehicle without permission in the first degree under RCW 9A.56.070, and taking a motor vehicle without permission in the second degree under RCW 9A.56.075.
     (9) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.
     (10) Except as provided under subsection (3), (4), (5), or (6) of this section, or option B of RCW 13.40.0357, or RCW 13.40.127, the court shall not suspend or defer the imposition or the execution of the disposition.
     (11) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.

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