HOUSE BILL ANALYSIS

                  HB 1522

Title:  An act relating to sentencing.

Brief Description:  Providing for enhanced sentencing for criminal street gang activity.

Sponsors:  Representatives Carrell, Sheahan, Conway, Mielke, Sherstad, Talcott, Zellinsky, Benson, Johnson, DeBolt, Mitchell, Lambert, Cooke, Clements, Kastama, Sheldon, Linville, Pennington, Honeyford, Delvin, Radcliff, Costa, Robertson, Mulliken, Smith, McMorris, Scott, Bush, Backlund, Ballasiotes, Sterk, Sump, Crouse, Wensman, Lisk, Dunn, Buck, Hickel, Reams, D. Schmidt, Mastin, Sullivan, Chandler, O'Brien, K. Schmidt, Skinner, Hankins, Dyer, Cairnes, Huff, McDonald, Alexander, Boldt, Wolfe, Keiser, Quall, Thompson and Van Luven.

HOUSE COMMITTEE ON LAW & JUSTICE

Staff:  Edie Adams (786-7180).

Background:  An adult convicted of a crime is sentenced under the provisions of the Sentencing Reform Act (SRA).  The SRA specifies a standard sentence range based on the seriousness of the offense and the offender's prior criminal history score.  The sentencing judge will sentence the offender to a period of confinement within that standard range.  Under certain circumstances a sentencing judge may impose an exceptional sentence that falls outside the standard range. 

In some circumstances, a sentencing judge is required to impose an "enhancement" on the offender's sentence.  The judge must impose a sentence enhancement if the offender was armed with a firearm or a deadly weapon during the commission of the crime.  The length of the enhancement for firearms and deadly weapons varies depending on the type of offense.  For example, the firearm enhancement is five years for a class A felony, three years for a class B felony, and one and one-half years for a class C felony, while the deadly weapons enhancement is two years for a class A felony, one year for a class B felony, and six months for a class C felony.  The judge must also impose penalty enhancements ranging from 12 months to 24 months for certain drug crimes committed in or around a school or other public place, or while the offender is confined in a jail or prison. 

Juveniles who are adjudicated of an offense receive a disposition under the Juvenile Justice Act, unless the juvenile has been declined to adult court for prosecution.  The juvenile code specifies a standard range disposition for a juvenile offender based on four factors:  the seriousness of the current offense; the age of the offender; the seriousness of prior criminal history; and (4) the recency of prior criminal history.  The judge may impose a disposition outside the standard range if the judge finds that the standard range disposition would effectuate a manifest injustice.

The judge must impose an enhancement of 90 days on a juvenile offender who was armed with a firearm during the commission of certain offenses.  The enhancement must be added to the entire standard range disposition.  The enhancement may run concurrently with other terms of confinement imposed at the same disposition, but the offender may not be released until 90 days have been served.

Summary of Bill:  An adult or juvenile offender who is found to have committed a felony offense must receive a penalty enhancement if the offense was committed:

CFor the benefit of, at the direction of, or in association with a criminal street gang; and

CWith intent to promote, further, or assist in criminal conduct by gang members.

If the offender is convicted of the felony in adult court, the penalty enhancement is two years.  The court may impose a penalty enhancement that is greater than or less than two years if the court finds that there are aggravating or mitigating circumstances, but the penalty enhancement may not be greater than three years or less than one year.  The enhancement must run consecutively with any other penalty imposed by the court.

If the offender is adjudicated of the felony in juvenile court, the court must impose a penalty enhancement of 105 days, unless the court finds that there are aggravating or mitigating circumstances.  The court may not impose a penalty enhancement greater than 120 days or less than 90 days.  The enhancement runs consecutively to any other penalty imposed by the court.

"Criminal street gang" is defined as an ongoing organization, association, or group of three or more persons:

CHaving a common name or identifying sign or symbol;

CHaving as one of its primary activities the commission of specified offenses; and

CWhose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

"Pattern of criminal gang activity" is defined as the conviction or juvenile adjudication of two or more specified offenses if:

CAt least one of the offenses occurred after the effective date of the act;

CThe last of the offenses occurred within three years after a prior offense; and

CThe offenses were committed on separate occasions or by two or more persons.

The specified offenses are:  first- or second-degree murder, robbery, burglary, kidnapping, assault, reckless endangerment, arson, or extortion; first-, second-, or third-degree theft, rape, or malicious mischief; or residential burglary, money laundering, unlawful possession of a firearm, delivery or manufacture of a controlled substance, or possession with intent to deliver a controlled substance.

Fiscal Note:  Available.

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

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