CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1163
Chapter 272, Laws of 2017
65th Legislature
2017 Regular Session
DOMESTIC VIOLENCE--VARIOUS CHANGES
EFFECTIVE DATE: 7/23/2017
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1163
AS AMENDED BY THE SENATE
Passed Legislature - 2017 Regular Session
State of Washington
65th Legislature
2017 Regular Session
By House Appropriations (originally sponsored by Representatives Goodman, Hayes, Orwall, Appleton, Klippert, Pellicciotti, Pettigrew, Chapman, Kilduff, Bergquist, Stanford, and Kloba)
READ FIRST TIME 02/17/17.
AN ACT Relating to domestic violence; amending RCW 9A.36.041, 9.94A.525, 43.43.754, and 43.43.830; reenacting and amending RCW 9.94A.411, 9.96.060, and 9.94A.515; adding a new section to chapter 7.36 RCW; creating new sections; prescribing penalties; and providing expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.  RCW 9A.36.041 and 1987 c 188 s 2 are each amended to read as follows:
(1) A person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or custodial assault, he or she assaults another.
(2) Assault in the fourth degree is a gross misdemeanor, except as provided in subsection (3) of this section.
(3) Assault in the fourth degree, where domestic violence was pleaded and proven after the effective date of this section, is a class C felony if the person has two or more prior adult convictions within ten years for any of the following offenses where domestic violence as defined in RCW 9.94A.030 was pleaded and proven after the effective date of this section:
(a) Repetitive domestic violence offense as defined in RCW 9.94A.030;
(b) Crime of harassment as defined by RCW 9A.46.060;
(c) Assault in the third degree;
(d) Assault in the second degree;
(e) Assault in the first degree; or
(f) An out-of-state comparable offense.
(4) For purposes of subsection (3) of this section, family or household members means spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, and persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship.
Sec. 2.  RCW 9.94A.411 and 2006 c 271 s 1 and 2006 c 73 s 13 are each reenacted and amended to read as follows:
(1) Decision not to prosecute.
STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.
GUIDELINE/COMMENTARY:
Examples
The following are examples of reasons not to prosecute which could satisfy the standard.
(a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.
(b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:
(i) It has not been enforced for many years; and
(ii) Most members of society act as if it were no longer in existence; and
(iii) It serves no deterrent or protective purpose in today's society; and
(iv) The statute has not been recently reconsidered by the legislature.
This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.
(c) De Minimis Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.
(d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and
(i) Conviction of the new offense would not merit any additional direct or collateral punishment;
(ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and
(iii) Conviction of the new offense would not serve any significant deterrent purpose.
(e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and
(i) Conviction of the new offense would not merit any additional direct or collateral punishment;
(ii) Conviction in the pending prosecution is imminent;
(iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and
(iv) Conviction of the new offense would not serve any significant deterrent purpose.
(f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question. This reason should be limited to minor cases and should not be relied upon in serious cases.
(g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.
(h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused's information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.
(i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:
(i) Assault cases where the victim has suffered little or no injury;
(ii) Crimes against property, not involving violence, where no major loss was suffered;
(iii) Where doing so would not jeopardize the safety of society.
Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.
The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.
Notification
The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.
(2) Decision to prosecute.
(a) STANDARD:
Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact finder. With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be provided pursuant to RCW 9.94A.670.
Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.
See table below for the crimes within these categories.
CATEGORIZATION OF CRIMES FOR PROSECUTING STANDARDS
CRIMES AGAINST PERSONS
Aggravated Murder
1st Degree Murder
2nd Degree Murder
1st Degree Manslaughter
2nd Degree Manslaughter
1st Degree Kidnapping
2nd Degree Kidnapping
1st Degree Assault
2nd Degree Assault
3rd Degree Assault
4th Degree Assault (if a violation of RCW 9A.36.041(3))
1st Degree Assault of a Child
2nd Degree Assault of a Child
3rd Degree Assault of a Child
1st Degree Rape
2nd Degree Rape
3rd Degree Rape
1st Degree Rape of a Child
2nd Degree Rape of a Child
3rd Degree Rape of a Child
1st Degree Robbery
2nd Degree Robbery
1st Degree Arson
1st Degree Burglary
1st Degree Identity Theft
2nd Degree Identity Theft
1st Degree Extortion
2nd Degree Extortion
Indecent Liberties
Incest
Vehicular Homicide
Vehicular Assault
1st Degree Child Molestation
2nd Degree Child Molestation
3rd Degree Child Molestation
1st Degree Promoting Prostitution
Intimidating a Juror
Communication with a Minor
Intimidating a Witness
Intimidating a Public Servant
Bomb Threat (if against person)
Unlawful Imprisonment
Promoting a Suicide Attempt
Riot (if against person)
Stalking
Custodial Assault
Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)
Counterfeiting (if a violation of RCW 9.16.035(4))
Felony Driving a Motor Vehicle While Under the Influence of Intoxicating Liquor or Any Drug (RCW 46.61.502(6))
Felony Physical Control of a Motor Vehicle While Under the Influence of Intoxicating Liquor or Any Drug (RCW 46.61.504(6))
CRIMES AGAINST PROPERTY/OTHER CRIMES
2nd Degree Arson
1st Degree Escape
2nd Degree Escape
2nd Degree Burglary
1st Degree Theft
2nd Degree Theft
1st Degree Perjury
2nd Degree Perjury
1st Degree Introducing Contraband
2nd Degree Introducing Contraband
1st Degree Possession of Stolen Property
2nd Degree Possession of Stolen Property
Bribery
Bribing a Witness
Bribe received by a Witness
Bomb Threat (if against property)
1st Degree Malicious Mischief
2nd Degree Malicious Mischief
1st Degree Reckless Burning
Taking a Motor Vehicle without Authorization
Forgery
2nd Degree Promoting Prostitution
Tampering with a Witness
Trading in Public Office
Trading in Special Influence
Receiving/Granting Unlawful Compensation
Bigamy
Eluding a Pursuing Police Vehicle
Willful Failure to Return from Furlough
Escape from Community Custody
Riot (if against property)
1st Degree Theft of Livestock
2nd Degree Theft of Livestock
ALL OTHER UNCLASSIFIED FELONIES
Selection of Charges/Degree of Charge
(i) The prosecutor should file charges which adequately describe the nature of defendant's conduct. Other offenses may be charged only if they are necessary to ensure that the charges:
(A) Will significantly enhance the strength of the state's case at trial; or
(B) Will result in restitution to all victims.
(ii) The prosecutor should not overcharge to obtain a guilty plea. Overcharging includes:
(A) Charging a higher degree;
(B) Charging additional counts.
This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a defendant's criminal conduct, but to decline to charge crimes which are not necessary to such an indication. Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged.
(b) GUIDELINES/COMMENTARY:
(i) Police Investigation
A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made. In ordinary circumstances the investigation should include the following:
(A) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;
(B) The completion of necessary laboratory tests; and
(C) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.
If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.
(ii) Exceptions
In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:
(A) Probable cause exists to believe the suspect is guilty; and
(B) The suspect presents a danger to the community or is likely to flee if not apprehended; or
(C) The arrest of the suspect is necessary to complete the investigation of the crime.
In the event that the exception to the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.
(iii) Investigation Techniques
The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:
(A) Polygraph testing;
(B) Hypnosis;
(C) Electronic surveillance;
(D) Use of informants.
(iv) Pre-Filing Discussions with Defendant
Discussions with the defendant or his/her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.
(v) Pre-Filing Discussions with Victim(s)
Discussions with the victim(s) or victims' representatives regarding the selection or disposition of charges may occur before the filing of charges. The discussions may be considered by the prosecutor in charging and disposition decisions, and should be considered before reaching any agreement with the defendant regarding these decisions.
Sec. 3.  RCW 9.94A.525 and 2013 2nd sp.s. c 35 s 8 are each amended to read as follows:
The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:
The offender score is the sum of points accrued under this section rounded down to the nearest whole number.
(1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.589.
(2)(a) Class A and sex prior felony convictions shall always be included in the offender score.
(b) Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction.
(c) Except as provided in (e) of this subsection, class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction.
(d) Except as provided in (e) of this subsection, serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction.
(e) If the present conviction is felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)), all predicate crimes for the offense as defined by RCW 46.61.5055(14) shall be included in the offender score, and prior convictions for felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)) shall always be included in the offender score. All other convictions of the defendant shall be scored according to this section.
(f) Prior convictions for a repetitive domestic violence offense, as defined in RCW 9.94A.030, shall not be included in the offender score if, since the last date of release from confinement or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction.
(g) This subsection applies to both adult and juvenile prior convictions.
(3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.
(4) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.
(5)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:
(i) Prior offenses which were found, under RCW 9.94A.589(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently or prior juvenile offenses for which sentences were served consecutively, whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.589(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used. The current sentencing court may presume that such other prior offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;
(ii) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. Use the conviction for the offense that yields the highest offender score.
(b) As used in this subsection (5), "served concurrently" means that: (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.
(6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense. When these convictions are used as criminal history, score them the same as a completed crime.
(7) If the present conviction is for a nonviolent offense and not covered by subsection (11), (12), or (13) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and 1/2 point for each juvenile prior nonviolent felony conviction.
(8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), (12), or (13) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.
(9) If the present conviction is for a serious violent offense, count three points for prior adult and juvenile convictions for crimes in this category, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.
(10) If the present conviction is for Burglary 1, count prior convictions as in subsection (8) of this section; however count two points for each prior adult Burglary 2 or residential burglary conviction, and one point for each prior juvenile Burglary 2 or residential burglary conviction.
(11) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense count one point for each adult and 1/2 point for each juvenile prior conviction; for each serious traffic offense, other than those used for an enhancement pursuant to RCW 46.61.520(2), count one point for each adult and 1/2 point for each juvenile prior conviction; count one point for each adult and 1/2 point for each juvenile prior conviction for operation of a vessel while under the influence of intoxicating liquor or any drug.
(12) If the present conviction is for homicide by watercraft or assault by watercraft count two points for each adult or juvenile prior conviction for homicide by watercraft or assault by watercraft; for each felony offense count one point for each adult and 1/2 point for each juvenile prior conviction; count one point for each adult and 1/2 point for each juvenile prior conviction for driving under the influence of intoxicating liquor or any drug, actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, or operation of a vessel while under the influence of intoxicating liquor or any drug.
(13) If the present conviction is for manufacture of methamphetamine count three points for each adult prior manufacture of methamphetamine conviction and two points for each juvenile manufacture of methamphetamine offense. If the present conviction is for a drug offense and the offender has a criminal history that includes a sex offense or serious violent offense, count three points for each adult prior felony drug offense conviction and two points for each juvenile drug offense. All other adult and juvenile felonies are scored as in subsection (8) of this section if the current drug offense is violent, or as in subsection (7) of this section if the current drug offense is nonviolent.
(14) If the present conviction is for Escape from Community Custody, RCW 72.09.310, count only prior escape convictions in the offender score. Count adult prior escape convictions as one point and juvenile prior escape convictions as 1/2 point.
(15) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions as 1/2 point.
(16) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (7) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 or residential burglary conviction, and one point for each juvenile prior Burglary 2 or residential burglary conviction.
(17) If the present conviction is for a sex offense, count priors as in subsections (7) through (11) and (13) through (16) of this section; however count three points for each adult and juvenile prior sex offense conviction.
(18) If the present conviction is for failure to register as a sex offender under RCW 9A.44.130 or 9A.44.132, count priors as in subsections (7) through (11) and (13) through (16) of this section; however count three points for each adult and juvenile prior sex offense conviction, excluding prior convictions for failure to register as a sex offender under RCW 9A.44.130 or 9A.44.132, which shall count as one point.
(19) If the present conviction is for an offense committed while the offender was under community custody, add one point. For purposes of this subsection, community custody includes community placement or postrelease supervision, as defined in chapter 9.94B RCW.
(20) If the present conviction is for Theft of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor Vehicle Without Permission 1, or Taking a Motor Vehicle Without Permission 2, count priors as in subsections (7) through (18) of this section; however count one point for prior convictions of Vehicle Prowling 2, and three points for each adult and juvenile prior Theft 1 (of a motor vehicle), Theft 2 (of a motor vehicle), Possession of Stolen Property 1 (of a motor vehicle), Possession of Stolen Property 2 (of a motor vehicle), Theft of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor Vehicle Without Permission 1, or Taking a Motor Vehicle Without Permission 2 conviction.
(21) If the present conviction is for a felony domestic violence offense where domestic violence as defined in RCW 9.94A.030 was ((plead [pleaded])) pleaded and proven, count priors as in subsections (7) through (20) of this section; however, count points as follows:
(a) Count two points for each adult prior conviction where domestic violence as defined in RCW 9.94A.030 was ((plead [pleaded])) pleaded and proven after August 1, 2011, for any of the following offenses: A felony violation of a no-contact or protection order ((that is a felony offense, a violation of a protection order that is a felony offense)) RCW 26.50.110, ((a)) felony ((domestic violence)) Harassment ((offense)) (RCW 9A.46.020(2)(b)), ((a)) felony ((domestic violence)) Stalking ((offense, a domestic violence)) (RCW 9A.46.110(5)(b)), Burglary 1 ((offense)) (RCW 9A.52.020), ((a domestic violence)) Kidnapping 1 ((offense)) (RCW 9A.40.020), ((a domestic violence)) Kidnapping 2 ((offense)) (RCW 9A.40.030), ((a domestic violence)) Unlawful imprisonment ((offense)) (RCW 9A.40.040), ((a domestic violence)) Robbery 1 ((offense)) (RCW 9A.56.200), ((a domestic violence)) Robbery 2 ((offense)) (RCW 9A.56.210), ((a domestic violence)) Assault 1 ((offense)) (RCW 9A.36.011), ((a domestic violence)) Assault 2 ((offense)) (RCW 9A.36.021), ((a domestic violence)) Assault 3 ((offense)) (RCW 9A.36.031), ((a domestic violence)) Arson 1 ((offense)) (RCW 9A.48.020), or ((a domestic violence)) Arson 2 ((offense)) (RCW 9A.48.030);
(b) Count two points for each adult prior conviction where domestic violence as defined in RCW 9.94A.030 was pleaded and proven after the effective date of this section, for any of the following offenses: Assault of a child in the first degree, RCW 9A.36.120; Assault of a child in the second degree, RCW 9A.36.130; Assault of a child in the third degree, RCW 9A.36.140; Criminal Mistreatment in the first degree, RCW 9A.42.020; or Criminal Mistreatment in the second degree, RCW 9A.42.030;
(c) Count one point for each second and subsequent juvenile conviction where domestic violence as defined in RCW 9.94A.030 was ((plead [pleaded])) pleaded and proven after August 1, 2011, for the offenses listed in (a) of this subsection; and
(((c))) (d) Count one point for each adult prior conviction for a repetitive domestic violence offense as defined in RCW 9.94A.030, where domestic violence as defined in RCW 9.94A.030, was ((plead [pleaded])) pleaded and proven after August 1, 2011.
(22) The fact that a prior conviction was not included in an offender's offender score or criminal history at a previous sentencing shall have no bearing on whether it is included in the criminal history or offender score for the current offense. Prior convictions that were not counted in the offender score or included in criminal history under repealed or previous versions of the sentencing reform act shall be included in criminal history and shall count in the offender score if the current version of the sentencing reform act requires including or counting those convictions. Prior convictions that were not included in criminal history or in the offender score shall be included upon any resentencing to ensure imposition of an accurate sentence.
Sec. 4.  RCW 43.43.754 and 2015 c 261 s 10 are each amended to read as follows:
(1) A biological sample must be collected for purposes of DNA identification analysis from:
(a) Every adult or juvenile individual convicted of a felony, or any of the following crimes (or equivalent juvenile offenses):
(i) Assault in the fourth degree where domestic violence as defined in RCW 9.94A.030 was pleaded and proven (RCW 9A.36.041, 9.94A.030);
(ii) Assault in the fourth degree with sexual motivation (RCW 9A.36.041, 9.94A.835);
(iii) Communication with a minor for immoral purposes (RCW 9.68A.090);
(iv) Custodial sexual misconduct in the second degree (RCW 9A.44.170);
(v) Failure to register (RCW 9A.44.130 for persons convicted on or before June 10, 2010, and RCW 9A.44.132 for persons convicted after June 10, 2010);
(vi) Harassment (RCW 9A.46.020);
(vii) Patronizing a prostitute (RCW 9A.88.110);
(viii) Sexual misconduct with a minor in the second degree (RCW 9A.44.096);
(ix) Stalking (RCW 9A.46.110);
(x) Violation of a sexual assault protection order granted under chapter 7.90 RCW; and
(b) Every adult or juvenile individual who is required to register under RCW 9A.44.130.
(2) If the Washington state patrol crime laboratory already has a DNA sample from an individual for a qualifying offense, a subsequent submission is not required to be submitted.
(3) Biological samples shall be collected in the following manner:
(a) For persons convicted of any offense listed in subsection (1)(a) of this section or adjudicated guilty of an equivalent juvenile offense who do not serve a term of confinement in a department of corrections facility, and do serve a term of confinement in a city or county jail facility, the city or county shall be responsible for obtaining the biological samples.
(b) The local police department or sheriff's office shall be responsible for obtaining the biological samples for:
(i) Persons convicted of any offense listed in subsection (1)(a) of this section or adjudicated guilty of an equivalent juvenile offense who do not serve a term of confinement in a department of corrections facility, and do not serve a term of confinement in a city or county jail facility; and
(ii) Persons who are required to register under RCW 9A.44.130.
(c) For persons convicted of any offense listed in subsection (1)(a) of this section or adjudicated guilty of an equivalent juvenile offense, who are serving or who are to serve a term of confinement in a department of corrections facility or a department of social and health services facility, the facility holding the person shall be responsible for obtaining the biological samples. For those persons incarcerated before June 12, 2008, who have not yet had a biological sample collected, priority shall be given to those persons who will be released the soonest.
(4) Any biological sample taken pursuant to RCW 43.43.752 through 43.43.758 may be retained by the forensic laboratory services bureau, and shall be used solely for the purpose of providing DNA or other tests for identification analysis and prosecution of a criminal offense or for the identification of human remains or missing persons. Nothing in this section prohibits the submission of results derived from the biological samples to the federal bureau of investigation combined DNA index system.
(5) The forensic laboratory services bureau of the Washington state patrol is responsible for testing performed on all biological samples that are collected under subsection (1) of this section, to the extent allowed by funding available for this purpose. The director shall give priority to testing on samples collected from those adults or juveniles convicted of a felony or adjudicated guilty of an equivalent juvenile offense that is defined as a sex offense or a violent offense in RCW 9.94A.030. Known duplicate samples may be excluded from testing unless testing is deemed necessary or advisable by the director.
(6) This section applies to:
(a) All adults and juveniles to whom this section applied prior to June 12, 2008;
(b) All adults and juveniles to whom this section did not apply prior to June 12, 2008, who:
(i) Are convicted on or after June 12, 2008, of an offense listed in subsection (1)(a) of this section; or
(ii) Were convicted prior to June 12, 2008, of an offense listed in subsection (1)(a) of this section and are still incarcerated on or after June 12, 2008; and
(c) All adults and juveniles who are required to register under RCW 9A.44.130 on or after June 12, 2008, whether convicted before, on, or after June 12, 2008.
(7) This section creates no rights in a third person. No cause of action may be brought based upon the noncollection or nonanalysis or the delayed collection or analysis of a biological sample authorized to be taken under RCW 43.43.752 through 43.43.758.
(8) The detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is determined that the sample was obtained or placed in the database by mistake, or if the conviction or juvenile adjudication that resulted in the collection of the biological sample was subsequently vacated or otherwise altered in any future proceeding including but not limited to posttrial or postfact-finding motions, appeals, or collateral attacks.
(9) A person commits the crime of refusal to provide DNA if the person has a duty to register under RCW 9A.44.130 and the person willfully refuses to comply with a legal request for a DNA sample as required under this section. The refusal to provide DNA is a gross misdemeanor.
Sec. 5.  RCW 43.43.830 and 2012 c 44 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.43.830 through 43.43.845.
(1) "Agency" means any person, firm, partnership, association, corporation, or facility which receives, provides services to, houses or otherwise cares for vulnerable adults, juveniles, or children, or which provides child day care, early learning, or early childhood education services.
(2) "Applicant" means:
(a) Any prospective employee who will or may have unsupervised access to children under sixteen years of age or developmentally disabled persons or vulnerable adults during the course of his or her employment or involvement with the business or organization;
(b) Any prospective volunteer who will have regularly scheduled unsupervised access to children under sixteen years of age, developmentally disabled persons, or vulnerable adults during the course of his or her employment or involvement with the business or organization under circumstances where such access will or may involve groups of (i) five or fewer children under twelve years of age, (ii) three or fewer children between twelve and sixteen years of age, (iii) developmentally disabled persons, or (iv) vulnerable adults;
(c) Any prospective adoptive parent, as defined in RCW 26.33.020; or
(d) Any prospective custodian in a nonparental custody proceeding under chapter 26.10 RCW.
(3) "Business or organization" means a person, business, or organization licensed in this state, any agency of the state, or other governmental entity, that educates, trains, treats, supervises, houses, or provides recreation to developmentally disabled persons, vulnerable adults, or children under sixteen years of age, or that provides child day care, early learning, or early learning childhood education services, including but not limited to public housing authorities, school districts, and educational service districts.
(4) "Civil adjudication proceeding" is a judicial or administrative adjudicative proceeding that results in a finding of, or upholds an agency finding of, domestic violence, abuse, sexual abuse, neglect, abandonment, violation of a professional licensing standard regarding a child or vulnerable adult, or exploitation or financial exploitation of a child or vulnerable adult under any provision of law, including but not limited to chapter 13.34, 26.44, or 74.34 RCW, or rules adopted under chapters 18.51 and 74.42 RCW. "Civil adjudication proceeding" also includes judicial or administrative findings that become final due to the failure of the alleged perpetrator to timely exercise a legal right to administratively challenge such findings.
(5) "Client" or "resident" means a child, person with developmental disabilities, or vulnerable adult applying for housing assistance from a business or organization.
(6) "Conviction record" means "conviction record" information as defined in RCW 10.97.030 and 10.97.050 relating to a crime committed by either an adult or a juvenile. It does not include a conviction for an offense that has been the subject of an expungement, pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, or a conviction that has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. It does include convictions for offenses for which the defendant received a deferred or suspended sentence, unless the record has been expunged according to law.
(7) "Crime against children or other persons" means a conviction of any of the following offenses: Aggravated murder; first or second degree murder; first or second degree kidnapping; first, second, or third degree assault; fourth degree assault (if a violation of RCW 9A.36.041(3)); first, second, or third degree assault of a child; first, second, or third degree rape; first, second, or third degree rape of a child; first or second degree robbery; first degree arson; first degree burglary; first or second degree manslaughter; first or second degree extortion; indecent liberties; incest; vehicular homicide; first degree promoting prostitution; communication with a minor; unlawful imprisonment; simple assault; sexual exploitation of minors; first or second degree criminal mistreatment; endangerment with a controlled substance; child abuse or neglect as defined in RCW 26.44.020; first or second degree custodial interference; first or second degree custodial sexual misconduct; malicious harassment; first, second, or third degree child molestation; first or second degree sexual misconduct with a minor; commercial sexual abuse of a minor; child abandonment; promoting pornography; selling or distributing erotic material to a minor; custodial assault; violation of child abuse restraining order; child buying or selling; prostitution; felony indecent exposure; criminal abandonment; or any of these crimes as they may be renamed in the future.
(8) "Crimes relating to drugs" means a conviction of a crime to manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance.
(9) "Crimes relating to financial exploitation" means a conviction for first, second, or third degree extortion; first, second, or third degree theft; first or second degree robbery; forgery; or any of these crimes as they may be renamed in the future.
(10) "Financial exploitation" means "financial exploitation" as defined in RCW 74.34.020.
(11) "Health care facility" means a nursing home licensed under chapter 18.51 RCW, a ((boarding home)) assisted living facility licensed under chapter 18.20 RCW, or an adult family home licensed under chapter 70.128 RCW.
(12) "Peer counselor" means a nonprofessional person who has equal standing with another person, providing advice on a topic about which the nonprofessional person is more experienced or knowledgeable, and who is a counselor for a peer counseling program that contracts with or is otherwise approved by the department, another state or local agency, or the court.
(13) "Unsupervised" means not in the presence of:
(a) Another employee or volunteer from the same business or organization as the applicant; or
(b) Any relative or guardian of any of the children or developmentally disabled persons or vulnerable adults to which the applicant has access during the course of his or her employment or involvement with the business or organization.
With regard to peer counselors, "unsupervised" does not include incidental contact with children under age sixteen at the location at which the peer counseling is taking place. "Incidental contact" means minor or casual contact with a child in an area accessible to and within visual or auditory range of others. It could include passing a child while walking down a hallway but would not include being alone with a child for any period of time in a closed room or office.
(14) "Vulnerable adult" means "vulnerable adult" as defined in chapter 74.34 RCW, except that for the purposes of requesting and receiving background checks pursuant to RCW 43.43.832, it shall also include adults of any age who lack the functional, mental, or physical ability to care for themselves.
NEW SECTION.  Sec. 6.  A new section is added to chapter 7.36 RCW to read as follows:
Notwithstanding RCW 36.18.040, the sheriff may waive fees associated with service of a writ of habeas corpus that was issued for the return of a child when the person who was granted the writ is, by reason of poverty, unable to pay the cost of service.
NEW SECTION.  Sec. 7.  (1) The administrative office of the courts shall, through the Washington state gender and justice commission of the supreme court, convene a work group to address the issue of domestic violence perpetrator treatment and the role of certified perpetrator treatment programs in holding domestic violence perpetrators accountable.
(2) The work group must include a representative for each of the following organizations or interests: Superior court judges, district court judges, municipal court judges, court probation officers, prosecuting attorneys, defense attorneys, civil legal aid attorneys, domestic violence victim advocates, domestic violence perpetrator treatment providers, the department of social and health services, the department of corrections, the Washington state institute for public policy, and the University of Washington evidence based practice institute. At least two domestic violence perpetrator treatment providers must be represented as members of the work group.
(3) The work group shall: (a) Review laws, regulations, and court and agency practices pertaining to domestic violence perpetrator treatment used in civil and criminal contexts, including criminal domestic violence felony and misdemeanor offenses, family law, child welfare, and protection orders; (b) consider the development of a universal diagnostic evaluation tool to be used by treatment providers and the department of corrections to assess the treatment needs of domestic violence perpetrators; and (c) develop recommendations on changes to existing laws, regulations, and court and agency practices to improve victim safety, decrease recidivism, advance treatment outcomes, and increase the courts' confidence in domestic violence perpetrator treatment.
(4) The work group shall report its recommendations to the affected entities and the appropriate committees of the legislature no later than June 30, 2018.
(5) The work group must operate within existing funds.
(6) This section expires June 30, 2019.
NEW SECTION.  Sec. 8.  (1) The legislature finds that Washington state has a serious problem with domestic violence offender recidivism and lethality. The Washington state institute for public policy studied domestic violence offenders finding not just high rates of domestic violence recidivism but among the highest rates of general criminal and violent recidivism. The Washington state coalition against domestic violence has issued fatality reviews of domestic violence homicides in Washington under chapter 43.235 RCW for over fifteen years. These fatality reviews demonstrate the significant impact of domestic violence on our communities as well as the barriers and high rates of lethality faced by victims. The legislature further notes there have been several high profile domestic violence homicides with multiple prior domestic violence incidents not accounted for in the legal response. Many jurisdictions nationally have encountered the same challenges as Washington and now utilize risk assessment as a best practice to assist in the response to domestic violence.
The Washington domestic violence risk assessment work group is established to study how and when risk assessment can best be used to improve the response to domestic violence offenders and victims and find effective strategies to reduce domestic violence homicides, serious injuries, and recidivism that are a result of domestic violence incidents in Washington state.
(2)(a) The Washington state gender and justice commission, in collaboration with the Washington state coalition against domestic violence and the Washington State University criminal justice program, shall coordinate the work group and provide staff support.
(b) The work group must include a representative from each of the following organizations:
(i) The Washington state gender and justice commission;
(ii) The department of corrections;
(iii) The department of social and health services;
(iv) The Washington association of sheriffs and police chiefs;
(v) The superior court judges' association;
(vi) The district and municipal court judges' association;
(vii) The Washington state association of counties;
(viii) The Washington association of prosecuting attorneys;
(ix) The Washington defender association;
(x) The Washington association of criminal defense lawyers;
(xi) The Washington state association of cities;
(xii) The Washington state coalition against domestic violence;
(xiii) The Washington state office of civil legal aid; and
(xiv) The family law section of the Washington state bar association.
(c) The work group must additionally include representation from:
(i) Treatment providers;
(ii) City law enforcement;
(iii) County law enforcement;
(iv) Court administrators; and
(v) Domestic violence victims or family members of a victim.
(3) At a minimum, the work group shall research, review, and make recommendations on the following:
(a) How to best develop and use risk assessment in domestic violence response utilizing available research and Washington state data;
(b) Providing effective strategies for incorporating risk assessment in domestic violence response to reduce deaths, serious injuries, and recidivism due to domestic violence;
(c) Promoting access to domestic violence risk assessment for advocates, police, prosecutors, corrections, and courts to improve domestic violence response;
(d) Whether or how risk assessment could be used as an alternative to mandatory arrest in domestic violence;
(e) Whether or how risk assessment could be used in bail determinations in domestic violence cases, and in civil protection order hearings;
(f) Whether or how offender risk, needs, and responsivity could be used in determining eligibility for diversion, sentencing alternatives, and treatment options;
(g) Whether or how victim risk, needs, and responsivity could be used in improving domestic violence response;
(h) Whether or how risk assessment can improve prosecution and encourage prosecutors to aggressively enforce domestic violence laws; and
(i) Encouraging private sector collaboration.
(4) The work group shall compile its findings and recommendations into a final report and provide its report to the appropriate committees of the legislature and governor by June 30, 2018.
(5) The work group must operate within existing funds.
(6) This section expires June 30, 2019.
Sec. 9.  RCW 9.96.060 and 2014 c 176 s 1 and 2014 c 109 s 1 are each reenacted and amended to read as follows:
(1) Every person convicted of a misdemeanor or gross misdemeanor offense who has completed all of the terms of the sentence for the misdemeanor or gross misdemeanor offense may apply to the sentencing court for a vacation of the applicant's record of conviction for the offense. If the court finds the applicant meets the tests prescribed in subsection (2) of this section, the court may in its discretion vacate the record of conviction by: (a)(i) Permitting the applicant to withdraw the applicant's plea of guilty and to enter a plea of not guilty; or (ii) if the applicant has been convicted after a plea of not guilty, the court setting aside the verdict of guilty; and (b) the court dismissing the information, indictment, complaint, or citation against the applicant and vacating the judgment and sentence.
(2) An applicant may not have the record of conviction for a misdemeanor or gross misdemeanor offense vacated if any one of the following is present:
(a) There are any criminal charges against the applicant pending in any court of this state or another state, or in any federal court;
(b) The offense was a violent offense as defined in RCW 9.94A.030 or an attempt to commit a violent offense;
(c) The offense was a violation of RCW 46.61.502 (driving while under the influence), 46.61.504 (actual physical control while under the influence), 9.91.020 (operating a railroad, etc. while intoxicated), or the offense is considered a "prior offense" under RCW 46.61.5055 and the applicant has had a subsequent alcohol or drug violation within ten years of the date of arrest for the prior offense;
(d) The offense was any misdemeanor or gross misdemeanor violation, including attempt, of chapter 9.68 RCW (obscenity and pornography), chapter 9.68A RCW (sexual exploitation of children), or chapter 9A.44 RCW (sex offenses);
(e) The applicant was convicted of a misdemeanor or gross misdemeanor offense as defined in RCW 10.99.020, or the court determines after a review of the court file that the offense was committed by one family member or household member against another, or the court, after considering the damage to person or property that resulted in the conviction, any prior convictions for crimes defined in RCW 10.99.020, or for comparable offenses in another state or in federal court, and the totality of the records under review by the court regarding the conviction being considered for vacation, determines that the offense involved domestic violence, and any one of the following factors exist:
(i) The applicant has not provided written notification of the vacation petition to the prosecuting attorney's office that prosecuted the offense for which vacation is sought, or has not provided that notification to the court;
(ii) The applicant has previously had a conviction for domestic violence. For purposes of this subsection, however, if the current application is for more than one conviction that arose out of a single incident, none of those convictions counts as a previous conviction;
(iii) The applicant has signed an affidavit under penalty of perjury affirming that the applicant has not previously had a conviction for a domestic violence offense, and a criminal history check reveals that the applicant has had such a conviction; or
(iv) Less than five years have elapsed since the person completed the terms of the original conditions of the sentence, including any financial obligations and successful completion of any treatment ordered as a condition of sentencing;
(f) For any offense other than those described in (e) of this subsection, less than three years have passed since the person completed the terms of the sentence, including any financial obligations;
(g) The offender has been convicted of a new crime in this state, another state, or federal court since the date of conviction;
(h) The applicant has ever had the record of another conviction vacated; or
(i) The applicant is currently restrained, or has been restrained within five years prior to the vacation application, by a domestic violence protection order, a no-contact order, an antiharassment order, or a civil restraining order which restrains one party from contacting the other party.
(3) Subject to RCW 9.96.070, every person convicted of prostitution under RCW 9A.88.030 who committed the offense as a result of being a victim of trafficking, RCW 9A.40.100, promoting prostitution in the first degree, RCW 9A.88.070, promoting commercial sexual abuse of a minor, RCW 9.68A.101, or trafficking in persons under the trafficking victims protection act of 2000, 22 U.S.C. Sec. 7101 et seq. may apply to the sentencing court for vacation of the applicant's record of conviction for the prostitution offense. An applicant may not have the record of conviction for prostitution vacated if any one of the following is present:
(a) There are any criminal charges against the applicant pending in any court of this state or another state, or in any federal court, for any crime other than prostitution; or
(b) The offender has been convicted of another crime, except prostitution, in this state, another state, or federal court since the date of conviction.
(4) Every person convicted prior to January 1, 1975, of violating any statute or rule regarding the regulation of fishing activities, including, but not limited to, RCW 75.08.260, 75.12.060, 75.12.070, 75.12.160, 77.16.020, 77.16.030, 77.16.040, 77.16.060, and 77.16.240 who claimed to be exercising a treaty Indian fishing right, may apply to the sentencing court for vacation of the applicant's record of the misdemeanor, gross misdemeanor, or felony conviction for the offense. If the person is deceased, a member of the person's family or an official representative of the tribe of which the person was a member may apply to the court on behalf of the deceased person. Notwithstanding the requirements of RCW 9.94A.640, the court shall vacate the record of conviction if:
(a) The applicant is a member of a tribe that may exercise treaty Indian fishing rights at the location where the offense occurred; and
(b) The state has been enjoined from taking enforcement action of the statute or rule to the extent that it interferes with a treaty Indian fishing right as determined under United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), or Sohappy v. Smith, 302 F. Supp. 899 (D. Oregon 1969), and any posttrial orders of those courts, or any other state supreme court or federal court decision.
(5)(a) Once the court vacates a record of conviction under this section, the person shall be released from all penalties and disabilities resulting from the offense and the fact that the person has been convicted of the offense shall not be included in the person's criminal history for purposes of determining a sentence in any subsequent conviction. For all purposes, including responding to questions on employment or housing applications, a person whose conviction has been vacated under this section may state that he or she has never been convicted of that crime. Except as provided in (b) of this subsection, nothing in this section affects or prevents the use of an offender's prior conviction in a later criminal prosecution.
(b) When a court vacates a record of domestic violence as defined in RCW 10.99.020 under this section, the state may not use the vacated conviction in a later criminal prosecution unless the conviction was for: (i) Violating the provisions of a restraining order, no-contact order, or protection order restraining or enjoining the person or restraining the person from going on to the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.44.063, 26.44.150, 26.50.060, 26.50.070, 26.50.130, 26.52.070, or 74.34.145); or (ii) stalking (RCW 9A.46.110). A vacated conviction under this section is not considered a conviction of such an offense for the purposes of 27 C.F.R. 478.11.
(6) All costs incurred by the court and probation services shall be paid by the person making the motion to vacate the record unless a determination is made pursuant to chapter 10.101 RCW that the person making the motion is indigent, at the time the motion is brought.
(7) The clerk of the court in which the vacation order is entered shall immediately transmit the order vacating the conviction to the Washington state patrol identification section and to the local police agency, if any, which holds criminal history information for the person who is the subject of the conviction. The Washington state patrol and any such local police agency shall immediately update their records to reflect the vacation of the conviction, and shall transmit the order vacating the conviction to the federal bureau of investigation. A conviction that has been vacated under this section may not be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies.
Sec. 10.  RCW 9.94A.515 and 2016 c 213 s 5, 2016 c 164 s 13, and 2016 c 6 s 1 are each reenacted and amended to read as follows:
 
 
TABLE 2
 
 
 
 
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
 
 
 
XVI
Aggravated Murder 1 (RCW 10.95.020)
 
 
 
XV
Homicide by abuse (RCW 9A.32.055)
 
 
 
 
Malicious explosion 1 (RCW 70.74.280(1))
 
 
 
Murder 1 (RCW 9A.32.030)
 
 
 
XIV
Murder 2 (RCW 9A.32.050)
 
 
 
 
Trafficking 1 (RCW 9A.40.100(1))
 
 
 
XIII
Malicious explosion 2 (RCW 70.74.280(2))
 
 
 
 
 
Malicious placement of an explosive 1 (RCW 70.74.270(1))
 
 
XII
Assault 1 (RCW 9A.36.011)
 
 
 
 
Assault of a Child 1 (RCW 9A.36.120)
 
 
 
 
 
Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
 
 
 
 
 
Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101)
 
 
 
Rape 1 (RCW 9A.44.040)
 
 
 
 
Rape of a Child 1 (RCW 9A.44.073)
 
 
 
 
Trafficking 2 (RCW 9A.40.100(3))
 
 
 
XI
Manslaughter 1 (RCW 9A.32.060)
 
 
 
Rape 2 (RCW 9A.44.050)
 
 
 
 
Rape of a Child 2 (RCW 9A.44.076)
 
 
 
 
 
 
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
 
 
 
 
 
 
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
 
 
 
X
Child Molestation 1 (RCW 9A.44.083)
 
 
 
 
Criminal Mistreatment 1 (RCW 9A.42.020)
 
 
 
 
 
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
 
 
 
Kidnapping 1 (RCW 9A.40.020)
 
 
 
 
Leading Organized Crime (RCW 9A.82.060(1)(a))
 
 
 
 
Malicious explosion 3 (RCW 70.74.280(3))
 
 
 
 
Sexually Violent Predator Escape (RCW 9A.76.115)
 
 
 
IX
Abandonment of Dependent Person 1 (RCW 9A.42.060)
 
 
 
 
Assault of a Child 2 (RCW 9A.36.130)
 
 
 
 
Explosive devices prohibited (RCW 70.74.180)
 
 
 
 
Hit and RunDeath (RCW 46.52.020(4)(a))
 
 
 
 
 
 
Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)
 
 
 
 
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
 
 
 
 
 
Malicious placement of an explosive 2 (RCW 70.74.270(2))
 
 
 
Robbery 1 (RCW 9A.56.200)
 
 
 
 
Sexual Exploitation (RCW 9.68A.040)
 
 
 
VIII
Arson 1 (RCW 9A.48.020)
 
 
 
 
Commercial Sexual Abuse of a Minor (RCW 9.68A.100)
 
 
 
 
 
 
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
 
 
 
 
Manslaughter 2 (RCW 9A.32.070)
 
 
 
 
Promoting Prostitution 1 (RCW 9A.88.070)
 
 
 
 
Theft of Ammonia (RCW 69.55.010)
 
 
 
 
 
VII
Air bag diagnostic systems (causing bodily injury or death) (RCW 46.37.660(2)(b))
 
 
 
 
 
 
Air bag replacement requirements (causing bodily injury or death) (RCW 46.37.660(1)(b))
 
 
 
Burglary 1 (RCW 9A.52.020)
 
 
 
 
Child Molestation 2 (RCW 9A.44.086)
 
 
 
 
Civil Disorder Training (RCW 9A.48.120)
 
 
 
 
 
 
Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050(1))
 
 
 
 
Drive-by Shooting (RCW 9A.36.045)
 
 
 
 
 
Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)
 
 
 
 
 
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
 
 
 
 
Introducing Contraband 1 (RCW 9A.76.140)
 
 
 
 
 
Malicious placement of an explosive 3 (RCW 70.74.270(3))
 
 
 
 
 
 
 
 
Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (causing bodily injury or death) (RCW 46.37.650(1)(b))
 
 
 
 
 
Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675)
 
 
 
 
 
 
 
Sale, install, (([or])) or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(b))
 
 
 
 
 
 
Sending, bringing into state depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.060(1))
 
 
 
 
 
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1))
 
 
 
 
 
Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)
 
 
 
 
 
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
 
 
 
VI
Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a))
 
 
 
Bribery (RCW 9A.68.010)
 
 
 
Incest 1 (RCW 9A.64.020(1))
 
 
 
 
Intimidating a Judge (RCW 9A.72.160)
 
 
 
 
 
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
 
 
 
 
 
Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
 
 
 
 
 
 
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1))
 
 
 
 
Rape of a Child 3 (RCW 9A.44.079)
 
 
 
 
Theft of a Firearm (RCW 9A.56.300)
 
 
 
 
Unlawful Storage of Ammonia (RCW 69.55.020)
 
 
 
V
Abandonment of Dependent Person 2 (RCW 9A.42.070)
 
 
 
 
 
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
 
 
 
 
Air bag diagnostic systems (RCW 46.37.660(2)(c))
 
 
 
 
 
Air bag replacement requirements (RCW 46.37.660(1)(c))
 
 
 
 
Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))
 
 
 
 
Child Molestation 3 (RCW 9A.44.089)
 
 
 
 
Criminal Mistreatment 2 (RCW 9A.42.030)
 
 
 
 
Custodial Sexual Misconduct 1 (RCW 9A.44.160)
 
 
 
 
 
 
Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2))
 
 
 
 
 
 
 
 
Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)
 
 
 
 
 
Driving While Under the Influence (RCW 46.61.502(6))
 
 
 
Extortion 1 (RCW 9A.56.120)
 
 
 
 
Extortionate Extension of Credit (RCW 9A.82.020)
 
 
 
 
 
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
 
 
 
Incest 2 (RCW 9A.64.020(2))
 
 
 
Kidnapping 2 (RCW 9A.40.030)
 
 
 
 
 
 
 
Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (RCW 46.37.650(1)(c))
 
 
 
Perjury 1 (RCW 9A.72.020)
 
 
 
 
Persistent prison misbehavior (RCW 9.94.070)
 
 
 
 
 
Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6))
 
 
 
 
Possession of a Stolen Firearm (RCW 9A.56.310)
 
 
 
Rape 3 (RCW 9A.44.060)
 
 
 
 
Rendering Criminal Assistance 1 (RCW 9A.76.070)
 
 
 
 
 
 
 
Sale, install, (([or])) or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(c))
 
 
 
 
 
 
Sending, Bringing into State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.060(2))
 
 
 
 
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
 
 
 
 
Sexually Violating Human Remains (RCW 9A.44.105)
 
 
 
Stalking (RCW 9A.46.110)
 
 
 
 
 
Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070)
 
 
IV
Arson 2 (RCW 9A.48.030)
 
 
 
Assault 2 (RCW 9A.36.021)
 
 
 
 
 
Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h))
 
 
 
 
 
Assault 4 (third domestic violence offense) (RCW 9A.36.041(3))
 
 
 
 
Assault by Watercraft (RCW 79A.60.060)
 
 
 
 
 
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
 
 
 
Cheating 1 (RCW 9.46.1961)
 
 
 
 
Commercial Bribery (RCW 9A.68.060)
 
 
 
 
Counterfeiting (RCW 9.16.035(4))
 
 
 
 
Endangerment with a Controlled Substance (RCW 9A.42.100)
 
 
 
Escape 1 (RCW 9A.76.110)
 
 
 
 
Hit and RunInjury (RCW 46.52.020(4)(b))
 
 
 
 
 
Hit and Run with VesselInjury Accident (RCW 79A.60.200(3))
 
 
 
 
Identity Theft 1 (RCW 9.35.020(2))
 
 
 
 
 
 
Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)
 
 
 
 
Influencing Outcome of Sporting Event (RCW 9A.82.070)
 
 
 
 
Malicious Harassment (RCW 9A.36.080)
 
 
 
 
 
 
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070(2))
 
 
 
 
Residential Burglary (RCW 9A.52.025)
 
 
 
Robbery 2 (RCW 9A.56.210)
 
 
 
 
Theft of Livestock 1 (RCW 9A.56.080)
 
 
 
 
Threats to Bomb (RCW 9.61.160)
 
 
 
 
Trafficking in Stolen Property 1 (RCW 9A.82.050)
 
 
 
 
 
 
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b))
 
 
 
 
 
 
Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3))
 
 
 
 
 
 
Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3))
 
 
 
 
Unlawful transaction of insurance business (RCW 48.15.023(3))
 
 
 
 
 
Unlicensed practice as an insurance professional (RCW 48.17.063(2))
 
 
 
 
 
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
 
 
 
 
 
Vehicle Prowling 2 (third or subsequent offense) (RCW 9A.52.100(3))
 
 
 
 
 
 
 
 
 
Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)
 
 
 
 
 
 
Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1))
 
 
 
 
Willful Failure to Return from Furlough (RCW 72.66.060)
 
 
 
 
III
Animal Cruelty 1 (Sexual Conduct or Contact) (RCW 16.52.205(3))
 
 
 
 
 
 
 
Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h))
 
 
 
 
Assault of a Child 3 (RCW 9A.36.140)
 
 
 
 
 
Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))
 
 
 
Burglary 2 (RCW 9A.52.030)
 
 
 
 
 
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
 
 
 
 
Criminal Gang Intimidation (RCW 9A.46.120)
 
 
 
 
Custodial Assault (RCW 9A.36.100)
 
 
 
 
 
Cyberstalking (subsequent conviction or threat of death) (RCW 9.61.260(3))
 
 
 
Escape 2 (RCW 9A.76.120)
 
 
 
Extortion 2 (RCW 9A.56.130)
 
 
 
Harassment (RCW 9A.46.020)
 
 
 
 
Intimidating a Public Servant (RCW 9A.76.180)
 
 
 
 
Introducing Contraband 2 (RCW 9A.76.150)
 
 
 
 
Malicious Injury to Railroad Property (RCW 81.60.070)
 
 
 
 
Mortgage Fraud (RCW 19.144.080)
 
 
 
 
 
 
Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674)
 
 
 
 
Organized Retail Theft 1 (RCW 9A.56.350(2))
 
 
 
Perjury 2 (RCW 9A.72.030)
 
 
 
 
Possession of Incendiary Device (RCW 9.40.120)
 
 
 
 
 
Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
 
 
 
 
Promoting Prostitution 2 (RCW 9A.88.080)
 
 
 
 
 
Retail Theft with Special Circumstances 1 (RCW 9A.56.360(2))
 
 
 
 
Securities Act violation (RCW 21.20.400)
 
 
 
 
Tampering with a Witness (RCW 9A.72.120)
 
 
 
 
 
 
Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2))
 
 
 
 
Theft of Livestock 2 (RCW 9A.56.083)
 
 
 
 
Theft with the Intent to Resell 1 (RCW 9A.56.340(2))
 
 
 
 
Trafficking in Stolen Property 2 (RCW 9A.82.055)
 
 
 
 
Unlawful Hunting of Big Game 1 (RCW 77.15.410(3)(b))
 
 
 
 
Unlawful Imprisonment (RCW 9A.40.040)
 
 
 
 
 
Unlawful Misbranding of Food Fish or Shellfish 1 (RCW 69.04.938(3))
 
 
 
 
 
Unlawful possession of firearm in the second degree (RCW 9.41.040(2))
 
 
 
 
 
Unlawful Taking of Endangered Fish or Wildlife 1 (RCW 77.15.120(3)(b))
 
 
 
 
 
Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW 77.15.260(3)(b))
 
 
 
 
Unlawful Use of a Nondesignated Vessel (RCW 77.15.530(4))
 
 
 
 
 
 
 
Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)
 
 
 
 
 
Willful Failure to Return from Work Release (RCW 72.65.070)
 
 
 
 
II
Commercial Fishing Without a License 1 (RCW 77.15.500(3)(b))
 
 
 
 
Computer Trespass 1 (RCW 9A.90.040)
 
 
 
 
Counterfeiting (RCW 9.16.035(3))
 
 
 
 
 
Electronic Data Service Interference (RCW 9A.90.060)
 
 
 
 
Electronic Data Tampering 1 (RCW 9A.90.080)
 
 
 
 
Electronic Data Theft (RCW 9A.90.100)
 
 
 
 
 
Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620(3))
 
 
 
 
Escape from Community Custody (RCW 72.09.310)
 
 
 
 
 
 
 
Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.130 prior to June 10, 2010, and RCW 9A.44.132)
 
 
 
 
Health Care False Claims (RCW 48.80.030)
 
 
 
 
Identity Theft 2 (RCW 9.35.020(3))
 
 
 
 
Improperly Obtaining Financial Information (RCW 9.35.010)
 
 
 
 
Malicious Mischief 1 (RCW 9A.48.070)
 
 
 
 
Organized Retail Theft 2 (RCW 9A.56.350(3))
 
 
 
 
Possession of Stolen Property 1 (RCW 9A.56.150)
 
 
 
 
Possession of a Stolen Vehicle (RCW 9A.56.068)
 
 
 
 
 
Retail Theft with Special Circumstances 2 (RCW 9A.56.360(3))
 
 
 
 
 
 
Scrap Processing, Recycling, or Supplying Without a License (second or subsequent offense) (RCW 19.290.100)
 
 
 
Theft 1 (RCW 9A.56.030)
 
 
 
 
Theft of a Motor Vehicle (RCW 9A.56.065)
 
 
 
 
 
 
 
Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at five thousand dollars or more) (RCW 9A.56.096(5)(a))
 
 
 
 
Theft with the Intent to Resell 2 (RCW 9A.56.340(3))
 
 
 
 
Trafficking in Insurance Claims (RCW 48.30A.015)
 
 
 
 
 
 
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a))
 
 
 
 
 
Unlawful Participation of Non-Indians in Indian Fishery (RCW 77.15.570(2))
 
 
 
 
Unlawful Practice of Law (RCW 2.48.180)
 
 
 
 
 
Unlawful Purchase or Use of a License (RCW 77.15.650(3)(b))
 
 
 
 
 
Unlawful Trafficking in Fish, Shellfish, or Wildlife 2 (RCW 77.15.260(3)(a))
 
 
 
 
 
Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
 
 
 
Voyeurism (RCW 9A.44.115)
 
 
 
 
I
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
 
 
 
 
False Verification for Welfare (RCW 74.08.055)
 
 
 
Forgery (RCW 9A.60.020)
 
 
 
 
 
 
Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060)
 
 
 
 
Malicious Mischief 2 (RCW 9A.48.080)
 
 
 
 
Mineral Trespass (RCW 78.44.330)
 
 
 
 
Possession of Stolen Property 2 (RCW 9A.56.160)
 
 
 
 
Reckless Burning 1 (RCW 9A.48.040)
 
 
 
 
Spotlighting Big Game 1 (RCW 77.15.450(3)(b))
 
 
 
 
 
Suspension of Department Privileges 1 (RCW 77.15.670(3)(b))
 
 
 
 
 
Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075)
 
 
 
Theft 2 (RCW 9A.56.040)
 
 
 
 
 
 
 
 
 
Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at seven hundred fifty dollars or more but less than five thousand dollars) (RCW 9A.56.096(5)(b))
 
 
 
 
 
Transaction of insurance business beyond the scope of licensure (RCW 48.17.063)
 
 
 
 
 
Unlawful Fish and Shellfish Catch Accounting (RCW 77.15.630(3)(b))
 
 
 
 
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
 
 
 
 
 
Unlawful Possession of Fictitious Identification (RCW 9A.56.320)
 
 
 
 
 
Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320)
 
 
 
 
 
Unlawful Possession of Payment Instruments (RCW 9A.56.320)
 
 
 
 
 
Unlawful Possession of a Personal Identification Device (RCW 9A.56.320)
 
 
 
 
 
Unlawful Production of Payment Instruments (RCW 9A.56.320)
 
 
 
 
 
 
Unlawful Releasing, Planting, Possessing, or Placing Deleterious Exotic Wildlife (RCW 77.15.250(2)(b))
 
 
 
 
Unlawful Trafficking in Food Stamps (RCW 9.91.142)
 
 
 
 
Unlawful Use of Food Stamps (RCW 9.91.144)
 
 
 
 
Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b))
 
 
 
 
 
Unlawful Use of Prohibited Aquatic Animal Species (RCW 77.15.253(3))
 
 
 
 
Vehicle Prowl 1 (RCW 9A.52.095)
 
 
 
 
 
Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b))
 
Passed by the House April 17, 2017.
Passed by the Senate April 11, 2017.
Approved by the Governor May 10, 2017.
Filed in Office of Secretary of State May 10, 2017.
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