2043-S AMS LAW S5335.1

SHB 2043 - S COMM AMD

By Committee on Law & Justice

    On page 4, after line 4, insert the following:

    "Sec. 2.  RCW 9.94A.370 and 1989 c 124 s 2 are each amended to read as follows:

    (1) The intersection of the column defined by the offender score and the row defined by the offense seriousness score determines the presumptive sentencing range (see RCW 9.94A.310, (Table 1)).  The additional time for deadly weapon findings or for those offenses enumerated in RCW 9.94A.310(4) that were committed in a state correctional facility or county jail shall be added to the entire presumptive sentence range.  The court may impose any sentence within the range that it deems appropriate.  All presumptive sentence ranges are expressed in terms of total confinement.

    (2) In determining any sentence, the trial court may rely on no more information than is admitted by the plea agreement, or admitted, acknowledged, or proved in a trial or at the time of sentencing.  Acknowledgement includes not objecting to information stated in the presentence reports.  Where the defendant disputes material facts, the court must either not consider the fact or grant an evidentiary hearing on the point.  The facts shall be deemed proved at the hearing by a preponderance of the evidence.  Facts that establish the elements of a more serious crime or additional crimes may not be used to go outside the presumptive sentence range except upon stipulation or when specifically provided for in RCW 9.94A.390(2) (c), (d), (f), and (((e))) (g)."

SHB 2043 - S COMM AMD

By Committee on Law & Justice

    On page 1, line 3 of the title, after "9.94A.390" insert "and 9.94A.370"

                            --- END ---