CERTIFICATION OF ENROLLMENT

                        HOUSE BILL 2389

                        54th Legislature

                      1996 Regular Session

Passed by the House February 6, 1996   Yeas 96   Nays 0 Speaker of the        House of Representatives Passed by the Senate February 28, 1996   Yeas 49   Nays 0

CERTIFICATE I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2389 as passed by the House of Representatives and the Senate on the dates hereon set forth.

President of the Senate

Chief Clerk

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                        State of Washington

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                                  HOUSE BILL 2389

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                     Passed Legislature - 1996 Regular Session

State of Washington              54th Legislature             1996 Regular Session

By Representatives Ballasiotes, Quall, Morris, Dellwo, D. Sommers, Costa and Thompson; by request of Sentencing Guidelines Commission

Read first time 01/10/96.  Referred to Committee on Corrections.

Providing a classification for unclassified felonies.

     AN ACT Relating to classification of felonies; amending RCW 9.92.010; adding a new section to chapter 9.94A RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 9.94A RCW to read as follows:

     For a felony defined by a statute of this state that is not in Title 9A RCW, unless otherwise provided:

     (1) If the maximum sentence of imprisonment authorized by law upon a first conviction of such felony is twenty years or more, such felony shall be treated as a class A felony for purposes of this chapter;

     (2) If the maximum sentence of imprisonment authorized by law upon a first conviction of such felony is eight years or more, but less than twenty years, such felony shall be treated as a class B felony for purposes of this chapter;

     (3) If the maximum sentence of imprisonment authorized by law upon a first conviction of such felony is less than eight years, such felony shall be treated as a class C felony for purposes of this chapter.

     Sec. 2.  RCW 9.92.010 and 1982 1st ex.s. c 47 s 5 are each amended to read as follows:

     Every person convicted of a felony for which no maximum punishment is specially prescribed by any statutory provision in force at the time of conviction and sentence, shall be punished by confinement or fine which shall not exceed confinement in a state correctional institution for a term of ten years, or by a fine in an amount fixed by the court of not more than twenty thousand dollars, or by both such confinement and fine and the offense shall be classified as a class B felony.

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