CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5361
67TH LEGISLATURE
2021 REGULAR SESSION
Passed by the Senate April 20, 2021
  Yeas 49  Nays 0

President of the Senate
Passed by the House April 8, 2021
  Yeas 98  Nays 0

Speaker of the House of Representatives
CERTIFICATE
I, Brad Hendrickson, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5361 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Secretary
Secretary
Approved
FILED
Secretary of State
State of Washington

SUBSTITUTE SENATE BILL 5361

AS AMENDED BY THE HOUSE
Passed Legislature - 2021 Regular Session
State of Washington
67th Legislature
2021 Regular Session
BySenate Law & Justice (originally sponsored by Senators McCune, Warnick, and Wilson, J.)
READ FIRST TIME 02/15/21.
AN ACT Relating to the resentencing of persons convicted of drug offenses; amending RCW 9.94A.519 and 9.94A.345; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.94A.519 and 2020 c 55 s 1 are each amended to read as follows:
(1) Except as provided in subsection (3) of this section, any offender sentenced for a violation of chapter 69.50 or 69.52 RCW that was committed prior to July 1, 2004, and who is serving a ((term of incarceration))current sentence under custody of the department of corrections for that offense on June 11, 2020, is entitled to a resentencing hearing. The prosecuting attorney for the county in which any offender was sentenced and to whom this section applies must review the sentencing documents. If the offender is serving a term of incarceration for a violation of chapter 69.50 or 69.52 RCW that was committed prior to July 1, 2004, the prosecuting attorney shall, or the offender may, make a motion for relief from sentence to the original sentencing court.
(2) The sentencing court shall grant the motion if it finds that the offender is serving a sentence for a violation of chapter 69.50 or 69.52 RCW that was committed prior to July 1, 2004, and shall immediately set an expedited date for resentencing. At resentencing, the court shall sentence the offender as if the offender had not previously been sentenced, provided the new sentence is no greater than the initial sentence. Notwithstanding the provisions of RCW 9.94A.345, the court shall sentence the offender based on the sentencing guidelines in effect on the effective date of this section.
(3) An offender is not entitled to resentencing under this section if the offender has been convicted of a ((most serious offense or violent offense))violent offense or sex offense involving a child.
(4) This section expires July 1, ((2021))2022.
Sec. 2. RCW 9.94A.345 and 2000 c 26 s 2 are each amended to read as follows:
((Any))Except as otherwise provided in this chapter, any sentence imposed under this chapter shall be determined in accordance with the law in effect when the current offense was committed.
NEW SECTION.  Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
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