HOUSE BILL REPORT

                  HB 1062

             As Reported By House Committee On:

                         Corrections

Title:  An act relating to using juvenile serious violent offenses as criminal history for purposes of adult sentencing.

Brief Description:  Using juvenile serious violent offenses as criminal history for adult sentencing.

Sponsors:  Representatives Ballasiotes, Koster, Cooke, Costa, Schoesler, Morris, Boldt, Benton, Foreman, Sheldon, Kremen, Mastin, Lisk, Chandler and Carlson.

Brief History:

  Committee Activity:

Corrections:  1/27/95, 2/3/95 [DPS].

HOUSE COMMITTEE ON CORRECTIONS

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 11 members:  Representatives Ballasiotes, Chairman; Blanton, Vice Chairman; Sherstad, Vice Chairman; Quall, Ranking Minority Member; Tokuda, Assistant Ranking Minority Member; Cole; Dickerson; Koster; Radcliff; K. Schmidt and Schoesler.

Staff:  Rick Neidhardt (786-7841).

Background:  The sentencing of adult felons is governed by Washington's Sentencing Reform Act (SRA).  The SRA sets up standard sentence ranges based on two factors:  the seriousness of the crime of conviction and the extent of the defendant's criminal history.

Criminal history, for purposes of the SRA, can sometimes include offenses that the defendant committed as a juvenile.  The rules for including these juvenile offenses are as follows:

!Previous juvenile sex offenses are always included. 

!Other class A juvenile felonies are included only if the offender committed the offense while aged 15 years or older.

!Other class B and C juvenile felonies are included only if the offender committed the offense while aged 15 years or older and the offender was 22 years or less at the time the current offense was committed.

When a juvenile offense is not included as criminal history under these rules, the

offense is said to "wash out." 

A concern exists about the washing out of previous juvenile adjudications for serious violent offenses.  Serious violent offenses are defined as first degree murder, homicide by abuse, second degree murder, first degree assault, first degree kidnapping, first degree rape, first degree assault of a child, as well as any attempt, criminal conspiracy or criminal solicitation to commit these offenses.  All serious violent offenses are class A felonies.

Summary of Substitute Bill:  Previous juvenile adjudications for serious violent offenses are always included in an adult felon's criminal history under the SRA.  

Substitute Bill Compared to Original Bill:  The original bill amended only the SRA statute on washing out juvenile offenses.  The substitute bill also makes the same amendment to the parallel provisions contained in the SRA's definitions of "criminal history" and "first-time offender."

Appropriation:  None.

Fiscal Note:  Available.

Effective Date of Substitute Bill:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  None.

Testimony Against:  None.

Testified:  None.