CERTIFICATION OF ENROLLMENT

 

                  SUBSTITUTE SENATE BILL 5005

 

 

 

 

                        55th Legislature

                      1997 Regular Session

Passed by the Senate March 17, 1997

  YEAS 46   NAYS 3

 

 

 

President of the Senate

 

Passed by the House April 14, 1997

  YEAS 97   NAYS 1

             CERTIFICATE

 

I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SUBSTITUTE SENATE BILL 5005 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

Speaker of the

      House of Representatives

                            Secretary

 

 

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

                                FILED

          

 

 

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                    SUBSTITUTE SENATE BILL 5005

          _______________________________________________

 

             Passed Legislature - 1997 Regular Session

 

State of Washington      55th Legislature     1997 Regular Session

 

By Senate Committee on Law & Justice (originally sponsored by Senators Long, Hargrove, McCaslin, Haugen, Zarelli, Johnson, Winsley, Goings, Rasmussen, Oke and Roach)

 

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.

 


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