BP BHEAD INT H

AN ACT Relating to plea agreements; and amending RCW 9.94A.080, 9.94A.090, 9.94A.103, and 9.94A.105.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 9.94A.080 and 1995 c 288 s 1 are each amended to read as follows:

The prosecutor and the attorney for the defendant, or the defendant when acting pro se, may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea to a charged offense or to a lesser or related offense, the prosecutor will do any of the following:

(1) Move for dismissal of other charges or counts;

(2) Recommend a particular sentence within the sentence range applicable to the offense or offenses to which the offender pled guilty;

(3) Recommend a particular sentence outside of the sentence range;

(4) Agree to file a particular charge or count;

(5) Agree not to file other charges or counts; ((or))

(6) Agree to file a less serious charge than could be filed under recommended prosecuting standards contained in RCW 9.94A.440; or

(7) Make any other promise to the defendant, except that in no instance may the prosecutor agree not to allege prior convictions.

In a case involving a crime against persons as defined in RCW 9.94A.440, the prosecutor shall make reasonable efforts to inform the victim of the violent offense of the nature of and reasons for the plea agreement, including all offenses the prosecutor has agreed not to file, and ascertain any objections or comments the victim has to the plea agreement.

The court shall not participate in any discussions under this section.

If a plea agreement is reached, the prosecutor must prepare a written agreement stating with specificity what promises, as enumerated in subsections (1) through (7) of this section, the prosecutor made under the agreement. The prosecutor must submit this written agreement to the court for the court's review under RCW 9.94A.090. If the court accepts the plea agreement, the written document must be included in any presentencing documents presented to the sentencing judge. Upon sentencing, the written agreement must be forwarded to the sentencing guidelines commission with the judgment and sentence when required by RCW 9.94A.103 and 9.94A.105.

Sec. 2. RCW 9.94A.090 and 1995 c 288 s 2 are each amended to read as follows:

(1) If a plea agreement has been reached by the prosecutor and the defendant pursuant to RCW 9.94A.080, they shall at the time of the defendant's plea state to the court, in a written document as provided in RCW 9.94A.080 and on the record, the nature of the agreement and the reasons for the agreement. The prosecutor shall inform the court on the record whether the victim or victims of all crimes against persons, as defined in RCW 9.94A.440, covered by the plea agreement have expressed any objections to or comments on the nature of and reasons for the plea agreement. The court, at the time of the plea, shall determine if the agreement is consistent with the interests of justice and with the prosecuting standards. If the court determines it is not consistent with the interests of justice and with the prosecuting standards, the court shall, on the record, inform the defendant and the prosecutor that they are not bound by the agreement and that the defendant may withdraw the defendant's plea of guilty, if one has been made, and enter a plea of not guilty.

(2) The sentencing judge is not bound by any recommendations contained in an allowed plea agreement and the defendant shall be so informed at the time of plea.

Sec. 3. RCW 9.94A.103 and 1995 c 129 s 5 (Initiative Measure No. 159) are each amended to read as follows:

Any ((~~and all~~)) recommended sentencing agreements or plea agreements and the sentences for any ((~~and all~~)) felony crimes shall be made and retained as public records if the felony crime involves:

(1) Any violent offense as defined in this chapter;

(2) Any most serious offense as defined in this chapter;

(3) Any felony with a deadly weapon special verdict under RCW 9.94A.125;

(4) Any felony with any deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or both; ((~~and/or~~)) or

(5) The felony crimes of possession of a machine gun, possessing a stolen firearm, reckless endangerment in the first degree, theft of a firearm, unlawful possession of a firearm in the first or second degree, ((~~and/or~~)) or use of a machine gun in a felony.

This section applies to sentencing agreements and sentences entered on felonies or misdemeanor convictions if the original charge filed was an offense specified in subsections (1) through (5) of this section but was amended under a plea agreement or if the prosecutor agreed in a plea agreement not to file one of the offenses specified in subsections (1) through (5) of this section. When a written plea agreement has been prepared under RCW 9.94A.080, that agreement must be retained as a public record under this section.

Sec. 4. RCW 9.94A.105 and 1995 c 129 s 6 (Initiative Measure No. 159) are each amended to read as follows:

(1) A current, newly created or reworked judgment and sentence document for each felony sentencing shall record any ((~~and all~~)) recommended sentencing agreements or plea agreements and the sentences for any ((~~and all~~)) felony crimes kept as public records under RCW 9.94A.103 shall contain the clearly printed name and legal signature of the sentencing judge. This requirement also applies to misdemeanor convictions retained as public records under RCW 9.94A.103. The judgment and sentence document as defined in this section shall also provide additional space for the sentencing judge's reasons for going either above or below the presumptive sentence range for any and all felony crimes covered as public records under RCW 9.94A.103. Both the sentencing judge and the prosecuting attorney's office shall each retain or receive a completed copy of each sentencing document as defined in this section for their own records.

(2) The sentencing guidelines commission shall be sent a completed copy of the judgment and sentence document and any written plea agreements prepared under RCW 9.94A.080 and retained under RCW 9.94A.103 upon conviction for each felony and misdemeanor sentencing under subsection (1) of this section and shall compile a yearly and cumulative judicial record of each sentencing judge in regards to his or her sentencing practices for any ((~~and all~~)) felony and misdemeanor crimes involving:

(a) Any violent offense as defined in this chapter;

(b) Any most serious offense as defined in this chapter;

(d) Any felony with any deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or both; ((~~and/or~~)) or

(e) The felony crimes of possession of a machine gun, possessing a stolen firearm, reckless endangerment in the first degree, theft of a firearm, unlawful possession of a firearm in the first or second degree, ((~~and/or~~)) or use of a machine gun in a felony.

(3) The sentencing guidelines commission shall compare each individual judge's sentencing practices to the standard or presumptive sentence range for any ((~~and all~~)) felony crimes listed in subsection (2) of this section for the appropriate offense level as defined in RCW 9.94A.320, offender score as defined in RCW 9.94A.360, and any applicable deadly weapon enhancements as defined in RCW 9.94A.310 (3) or (4), or both. These comparative records shall be retained and made available to the public for review in a current, newly created or reworked official published document by the sentencing guidelines commission.

(4) Any ((~~and all~~)) felony sentences which are either above or below the standard or presumptive sentence range in subsection (3) of this section shall also mark whether the prosecuting attorney in the case also recommended a similar sentence, if any, which was either above or below the presumptive sentence range and shall also indicate if the sentence was in conjunction with an approved alternative sentencing option including a first-time offender waiver, sex offender sentencing alternative, or other prescribed sentencing option.

(5) If any completed judgment and sentence document and written plea agreement prepared under RCW 9.94A.080 as defined in subsection (1) of this section is not sent to the sentencing guidelines commission as required in subsection (2) of this section, the sentencing guidelines commission shall have the authority and shall undertake reasonable and necessary steps to assure that all past, current, and future sentencing documents as defined in subsection (1) of this section are received by the sentencing guidelines commission.