_______________________________________________
SUBSTITUTE
SENATE BILL 5005
_______________________________________________
Passed
Legislature - 1997 Regular Session
State of Washington 55th
Legislature 1997 Regular Session
By
Read first time 03/05/97.
Concerning
concurrent and consecutive sentencing for violent offenses.
AN
ACT Relating to sentencing for multiple violent crimes; and amending RCW
9.94A.400.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9.94A.400 and 1996 c 199 s 3 are each amended to read as follows:
(1)(a)
Except as provided in (b) and (c) of this subsection, whenever a person
is to be sentenced for two or more current offenses, the sentence range for
each current offense shall be determined by using all other current and prior
convictions as if they were prior convictions for the purpose of the offender
score((: PROVIDED, That)). However, if the court enters a
finding that some or all of the current offenses encompass the same criminal
conduct then those current offenses shall be counted as one crime. Sentences
imposed under this subsection shall be served concurrently. Consecutive
sentences may only be imposed under the exceptional sentence provisions of RCW
9.94A.120 and 9.94A.390(2)(((f))) (g) or any other provision of
RCW 9.94A.390. "Same criminal conduct," as used in this subsection,
means two or more crimes that require the same criminal intent, are committed
at the same time and place, and involve the same victim. This definition
applies in cases involving vehicular assault or vehicular homicide even if the
victims occupied the same vehicle.
(b)
Whenever a person is convicted of two or more serious violent offenses, as
defined in RCW 9.94A.030, arising from separate and distinct criminal conduct,
the sentence range for the offense with the highest seriousness level under RCW
9.94A.320 shall be determined using the offender's prior convictions and other
current convictions that are not serious violent offenses in the offender score
and the sentence range for other serious violent offenses shall be determined
by using an offender score of zero. The sentence range for any offenses that
are not serious violent offenses shall be determined according to (a) of this
subsection. All sentences imposed under (b) of this subsection shall be served
consecutively to each other and concurrently with sentences imposed under (a)
of this subsection.
(c)
Whenever a person is convicted of two or more violent offenses, but not more
than one serious violent offense, as defined in RCW 9.94A.030, arising from
separate and distinct criminal conduct, the sentence range for the offense with
the highest seriousness level under RCW 9.94A.320 shall be determined using the
offender's prior convictions and other current convictions that are not violent
offenses in the offender score and the sentence range for other violent
offenses shall be determined by using an offender score of zero. The sentence
range for any offenses that are not violent offenses shall be determined
according to (a) of this subsection. All sentences imposed under this
subsection (1)(c) shall be served consecutively to each other and concurrently
with sentences imposed under (a) of this subsection. If the total time of
confinement determined under this subsection (1)(c) is less than the total time
of confinement that would result from sentencing under (a) of this subsection,
then the sentences shall be determined under (a) of this subsection.
(2)(a)
Except as provided in (b) of this subsection, whenever a person while under
sentence of felony commits another felony and is sentenced to another term of
confinement, the latter term shall not begin until expiration of all prior
terms.
(b)
Whenever a second or later felony conviction results in community supervision
with conditions not currently in effect, under the prior sentence or sentences
of community supervision the court may require that the conditions of community
supervision contained in the second or later sentence begin during the
immediate term of community supervision and continue throughout the duration of
the consecutive term of community supervision.
(3)
Subject to subsections (1) and (2) of this section, whenever a person is
sentenced for a felony that was committed while the person was not under
sentence of a felony, the sentence shall run concurrently with any felony
sentence which has been imposed by any court in this or another state or by a
federal court subsequent to the commission of the crime being sentenced unless
the court pronouncing the current sentence expressly orders that they be served
consecutively.
(4)
Whenever any person granted probation under RCW 9.95.210 or 9.92.060, or both,
has the probationary sentence revoked and a prison sentence imposed, that
sentence shall run consecutively to any sentence imposed pursuant to this
chapter, unless the court pronouncing the subsequent sentence expressly orders
that they be served concurrently.
(5) However, in the case of consecutive sentences, all periods of
total confinement shall be served before any partial confinement, community
service, community supervision, or any other requirement or conditions of any
of the sentences. Except for exceptional sentences as authorized under RCW
9.94A.120(2), if two or more sentences that run consecutively include periods
of community supervision, the aggregate of the community supervision period
shall not exceed twenty-four months.
