SENATE BILL REPORT

                                    SB 5054

         AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 15, 1991

Brief Description:  Enhancing the penalties for crimes committed while armed with a firearm.

SPONSORS:Senators Madsen, Nelson, Oke, Erwin, Sutherland, Skratek, A. Smith, Bauer, Thorsness and Conner.

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass and be referred to Committee on Ways & Means.

      Signed by Senators Nelson, Chairman; Thorsness, Vice Chairman; Erwin, L. Kreidler, Madsen, Rasmussen, and A. Smith. 

Staff:  Jon Carlson (786‑7459)

Hearing Dates:February 5, 1991; February 15, 1991

BACKGROUND:

Under current law, additional time is added to the presumptive sentence of those individuals who are found, through a deadly weapon special verdict, to be armed with a deadly weapon in the commission of certain serious crimes.

It is suggested that the danger associated with firearms in the commission of crimes merits adding an even greater amount of additional time to the presumptive sentence.

SUMMARY:

An additional 60 months is added to the presumptive sentence of an offender or accomplice who uses a firearm in the commission of any felony ranked on the sentencing grid.

The recommended prosecuting standards are amended to prohibit a plea arrangement with a defendant for any offense when the offender or accomplice uses a firearm in the commission of the crime.

Appropriation:  none 

Revenue:  none

Fiscal Note:  requested January 29, 1991

TESTIMONY FOR:

This enhanced sentencing is appropriate when a firearm is used in the commission of a crime, and may also serve to deter this kind of serious criminal behavior in the future.

TESTIMONY AGAINST:  None

TESTIFIED:  Senator Ken Madsen, prime sponsor