SENATE BILL REPORT

                   SB 5292

                    As of February 3, 1997

Title:  An act relating to habitual criminals.

Brief Description:  Increasing penalties for habitual criminals.

Sponsors:  Senators McCaslin, Oke, Haugen and Benton.

Brief History:

Committee Activity:  Law & Justice:  2/3/97.

SENATE COMMITTEE ON LAW & JUSTICE

Staff:  Mychal Schwartz (786-7444)

Background:  The pre-SRA habitual criminal statute required an offender to be sentenced to either a minimum term of ten years, or life imprisonment, depending on the offender=s prior criminal history.  A ten-year minimum sentence was required if the offender was convicted of a felony and had either one previous felony conviction or two previous convictions for a Amisdemeanor or gross misdemeanor of which fraud or intent to defraud is an element.@  A life sentence was required if the person was convicted of a felony and had two previous felony convictions or four prior convictions for a Amisdemeanor or gross misdemeanor of which fraud or intent to defraud is an element.@

Summary of Bill: Within ten days of entry of a felony conviction, and, at the discretion of the prosecuting attorney, a hearing is held to determine whether the defendant is an habitual criminal.

The offender is an habitual criminal and must be sentenced to ten years total confinement if: (1) the offender has been convicted of a felony in Washington; (2) the offender has prior criminal history consisting of one felony OR two serious gross misdemeanors; AND (3) the offender is not a persistent offender.

The offender is an habitual criminal and must be sentenced to 15 years total confinement if: (1) the offender has been convicted of a felony in Washington; (2) the offender has prior criminal history consisting of two felonies OR four serious gross misdemeanors; AND (3)  the offender is not a persistent offender.

Serious gross misdemeanors are:

$Assault in the fourth degree

$Reckless endangerment in the second degree

$Sexual misconduct with a minor in the second degree

$Failure to register for a crime other than a class A felony

$Coercion

$Stalking

$Reckless burning in the second degree

$Theft in the third degree

$Jury tampering

$Riot

$Rendering criminal assistance in the first degree

$Rendering criminal assistance in the second degree

$Compounding

$Escape in the third degree

$Tampering with physical evidence

$Criminal attempt, solicitation, or conspiracy to commit a class C felony defined in Title 9A RCW.

Appropriation:  None.

Fiscal Note:  Available.

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