5848-S AMS SHOR S2504.1
SSB 5848 - S AMD 304
By Senator Short
NOT CONSIDERED 12/23/2019
Beginning on page 11, line 6, after "(5)" strike all material through "(6)))" on page 12, line 5 and insert "If the offender's underlying offense is one of the following felonies and the violation behavior constitutes a new misdemeanor, gross misdemeanor or felony, the offender shall be held in total confinement pending a sanction hearing, and until the sanction expires or until if a prosecuting attorney files new charges against the offender, whichever occurs first:
(a) Assault in the first degree, as defined in RCW 9A.36.011;
(b) Assault of a child in the first degree, as defined in RCW 9A.36.120;
(c) Assault of a child in the second degree, as defined in RCW 9A.36.130;
(d) Burglary in the first degree, as defined in RCW 9A.52.020;
(e) Child molestation in the first degree, as defined in RCW 9A.44.083;
(f) Commercial sexual abuse of a minor, as defined in RCW 9.68A.100;
(g) Dealing in depictions of a minor engaged in sexually explicit conduct, as defined in RCW 9.68A.050;
(h) Homicide by abuse, as defined in RCW 9A.32.055;
(i) Indecent liberties with forcible compulsion, as defined in RCW 9A.44.100(1)(a);
(j) Indecent liberties with a person capable of consent, as defined in RCW 9A.44.100(1)(b);
(k) Kidnapping in the first degree, as defined in RCW 9A.40.020;
(l) Murder in the first degree, as defined in RCW 9A.32.030;
(m) Murder in the second degree, as defined in RCW 9A.32.050;
(n) Promoting commercial sexual abuse of a minor, as defined in RCW 9.68A.101;
(o) Rape in the first degree, as defined in RCW 9A.44.040;
(p) Rape in the second degree, as defined in RCW 9A.44.050;
(q) Rape of a child in the first degree, as defined in RCW 9A.44.073;
(r) Rape of a child in the second degree, as defined in RCW 9A.44.076;
(s) Robbery in the first degree, as defined in RCW 9A.56.200;
(t) Sexual exploitation of a minor, as defined in RCW 9.68A.040; or
(u) Vehicular homicide while under the influence of intoxicating liquor or any drug, as defined in RCW 46.61.520(1)(a).
(6)"
Renumber the remaining subsections consecutively and correct any internal references accordingly.
EFFECT: Restores requirement for thirty days of sanction time or until a prosecuting attorney files new charges, whichever comes first, for underlying twenty-one felony designation case offenders when the violation behavior constitutes a new misdemeanor, gross misdemeanor, or felony.
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