SENATE BILL REPORT

                   SB 5090

              As Reported By Senate Committee On:

               Law & Justice, February 17, 1997

Title:  An act relating to residential burglary.

Brief Description:  Including residential burglary in the list of most serious offenses.

Sponsors:  Senators Roach, Zarelli, Schow, Swecker, Hochstatter, McCaslin, Winsley, Goings and Oke.

Brief History:

Committee Activity:  Law & Justice:  1/28/97, 2/17/97 [DP-WM, DNP].

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass and be referred to Committee on Ways & Means.

  Signed by Senators Roach, Chair; Johnson, Vice Chair; Goings, Hargrove, McCaslin, Stevens and Zarelli.

Minority Report:  Do not pass.

  Signed by Senators Fairley and Kline.

Staff:  Mychal Schwartz (786-7444)

Background:  Sentencing laws define a Apersistent offender@ as an offender who has three separate felony convictions for a most serious offense.  In general, the definition of Amost serious offense@ includes violent crimes, crimes committed with a deadly weapon, or crimes committed with sexual motivation.  The sentence for a persistent offender is mandatory life imprisonment without the possibility of parole.

Residential burglary is not included in the definition of Amost serious offense.@  Residential burglary is when a person or persons Aenter and remain unlawfully in the dwelling of another with intent to commit a crime against a person or property therein.@

Residential burglary is a class B felony.

Summary of Bill:  The crime of residential burglary is included in the definition of Amost serious offense.@

Appropriation:  None.

Fiscal Note:  Available.

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

Testimony For:  None.

Testimony Against:  None.

Testified:  No one.