HOUSE BILL REPORT

                  SB 6041

             As Reported By House Committee On:

                         Corrections

Title:  An act relating to sentencing for crimes committed by gang members.

Brief Description:  Prescribing penalties for criminal street gang activities.

Sponsors:  Senators Ludwig, A. Smith, Winsley, Oke, Nelson and McAuliffe.

Brief History:

  Reported by House Committee on:

Corrections, February 24, 1994, DP.

HOUSE COMMITTEE ON CORRECTIONS

Majority Report:  Do pass.  Signed by 6 members:  Representatives Morris, Chair; Mastin, Vice Chair; Long, Ranking Minority Member; Moak; Ogden and Padden.

Minority Report:  Do not pass.  Signed by 2 members:  Representatives G. Cole and L. Johnson.

Staff:  Rick Neidhardt (786-7841).

Background:  Under the Sentencing Reform Act, an offender is sentenced based on a standard sentencing range.  This standard range is calculated based on the offender's criminal history and the seriousness of the offense.  The sentencing court must impose a sentence within this standard range unless the court finds that substantial and compelling circumstances exist to impose an exceptional sentence.

Exceptional sentences that exceed the standard range must be based on "aggravating circumstances."  The Sentencing Reform Act lists a number of examples of aggravating circumstances.  Because this list is non-exclusive, courts may supplement this list with additional circumstances.

The statutory list of aggravating circumstances does not mention crimes committed in furtherance of a street gang's criminal activities.  Washington's appellate courts, however, have concluded that a proper aggravating circumstance exists when a crime is committed in furtherance of a street gang's criminal enterprise or when the crime is "gang motivated" or "gang related."

Summary of Bill:  The bill clarifies that courts may impose an exceptional sentence above the standard range for crimes committed in association with a criminal street gang as long as the crime was committed with the specific intent to promote, further, or assist in any criminal conduct by gang members.

The bill defines "criminal street gang" as any ongoing group of three or more people that has as a primary activity the commission of criminal acts.

Fiscal Note:  Available.

Effective Date:  July 1, 1994.

Testimony For:  The courts have already begun imposing exceptional sentences for gang-related crimes.  The bill assists sentencing judges because it defines "criminal street gang" and it makes clear to the judges that this aggravating circumstance is available.  The bill gives discretionary power to judges and therefore is consistent with the spirit of SHB 2906, which expands many discretionary powers of sentencing judges.

Testimony Against:  Imposing additional punishment for gang-related crimes violates the First Amendment's right of association.  The definition of "criminal street gang" is too broad and too vague.  The bill will disproportionately affect minorities and poor people.  The bill is unnecessary, as other aggravating circumstances already exist that would allow for exceptional sentences in these cases.  Crimes that are committed to promote a group's criminal activities should be charged as involving accomplices or conspirators.

Witnesses:  Senator Curtis L. Ludwig, prime sponsor (pro); and Sherry Appleton, Washington Association of Criminal Defense Lawyers (con).