AN ACT Relating to the
finding of aggravating circumstances for the commission of violent offenses
against pregnant women; amending RCW 9.94A.390; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 9.94A.390 and 1995 c
316 s 2 are each amended to read as follows:
If the sentencing court
finds that an exceptional sentence outside the standard range should be imposed
in accordance with RCW 9.94A.120(2), the sentence is subject to review only as
provided for in RCW 9.94A.210(4).
The following are
illustrative factors which the court may consider in the exercise of its
discretion to impose an exceptional sentence. The following are illustrative
only and are not intended to be exclusive reasons for exceptional sentences.
(1) Mitigating
Circumstances
(a) To a significant
degree, the victim was an initiator, willing participant, aggressor, or
provoker of the incident.
(b) Before detection,
the defendant compensated, or made a good faith effort to compensate, the
victim of the criminal conduct for any damage or injury sustained.
(c) The defendant
committed the crime under duress, coercion, threat, or compulsion insufficient
to constitute a complete defense but which significantly affected his or her
conduct.
(d) The defendant, with
no apparent predisposition to do so, was induced by others to participate in
the crime.
(e) The defendant's
capacity to appreciate the wrongfulness of his or her conduct or to conform his
or her conduct to the requirements of the law, was significantly impaired
(voluntary use of drugs or alcohol is excluded).
(f) The offense was
principally accomplished by another person and the defendant manifested extreme
caution or sincere concern for the safety or well-being of the victim.
(g) The operation of
the multiple offense policy of RCW 9.94A.400 results in a presumptive sentence
that is clearly excessive in light of the purpose of this chapter, as expressed
in RCW 9.94A.010.
(h) The defendant or
the defendant's children suffered a continuing pattern of physical or sexual
abuse by the victim of the offense and the offense is a response to that abuse.
(2) Aggravating
Circumstances
(a) The defendant's
conduct during the commission of the current offense manifested deliberate
cruelty to the victim.
(b) The defendant knew
or should have known that the victim of the current offense was particularly
vulnerable or incapable of resistance due to extreme youth, advanced age,
disability, or ill health.
(c) The current
offense was a violent offense, and the defendant knew that the victim of the
current offense was pregnant.
(d) The current
offense was a major economic offense or series of offenses, so identified by a
consideration of any of the following factors:
(i) The current offense
involved multiple victims or multiple incidents per victim;
(ii) The current
offense involved attempted or actual monetary loss substantially greater than typical
for the offense;
(iii) The current
offense involved a high degree of sophistication or planning or occurred over a
lengthy period of time; or
(iv) The defendant used
his or her position of trust, confidence, or fiduciary responsibility to
facilitate the commission of the current offense.
(((d))) (e)
The current offense was a major violation of the Uniform Controlled Substances
Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled
substances, which was more onerous than the typical offense of its statutory
definition: The presence of ANY of the following may identify a current
offense as a major VUCSA:
(i) The current offense
involved at least three separate transactions in which controlled substances
were sold, transferred, or possessed with intent to do so;
(ii) The current
offense involved an attempted or actual sale or transfer of controlled
substances in quantities substantially larger than for personal use;
(iii) The current
offense involved the manufacture of controlled substances for use by other
parties;
(iv) The circumstances
of the current offense reveal the offender to have occupied a high position in
the drug distribution hierarchy;
(v) The current offense
involved a high degree of sophistication or planning or occurred over a lengthy
period of time or involved a broad geographic area of disbursement; or
(vi) The offender used
his or her position or status to facilitate the commission of the current
offense, including positions of trust, confidence or fiduciary responsibility
(e.g., pharmacist, physician, or other medical professional).
(((e))) (f)
The current offense included a finding of sexual motivation pursuant to RCW
9.94A.127.
(((f))) (g)
The offense was part of an ongoing pattern of sexual abuse of the same victim
under the age of eighteen years manifested by multiple incidents over a
prolonged period of time.
(((g))) (h)
The operation of the multiple offense policy of RCW 9.94A.400 results in a
presumptive sentence that is clearly too lenient in light of the purpose of
this chapter, as expressed in RCW 9.94A.010.
(((h))) (i)
The defendant's prior unscored misdemeanor or prior unscored foreign criminal
history results in a presumptive sentence that is clearly too lenient in light
of the purpose of this chapter as expressed in RCW 9.94A.010.
NEW
SECTION. Sec. 2. This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately.
