Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Criminal Justice & Corrections

HB 1039

Brief Description:  Clarifying which prior offenses are considered strikes.

Sponsors:  Representatives Ballasiotes, O'Brien, Ahern, Morell and Woods.

Brief Summary of Bill

$Clarifies that certain prior offenses, despite where the offense and conviction took place, will be used to determine whether an offender meets the definition of a persistent offender.

Hearing Date:  1/26/01

Staff:  Yvonne Walker (786‑7841).

Background: 

Under what is commonly referred to as the ?Two Strikes and You=re Out@ law, a person is considered a ?persistent offender@ if the person has been convicted of any one of the following sex offenses on at least one prior separate and distinct occasion:

$rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; or

$murder in the first or second degree, homicide by abuse, kidnaping in the first or second degree, assault in the first or second degree, assault of a child in the first degree, or burglary in the first degree, when those offenses are committed with sexual motivation; or 

$an attempt to commit any of the crimes listed above.

?Persistent offenders@ are sentenced to life imprisonment without possibility of parole.   ?Persistent offenders@ are not eligible for community custody, earned early release time, furlough, home detentions, partial confinement, work crew, work release, or any other form of early release.

Summary of Bill: 

The act is intended to clarify the Legislature=s intent, that out-of-state convictions for comparable sex offenses, and prior Washington convictions for comparable sex offenses are to be used to determine whether an offender meets the definition of a persistent offender.

Under what is referred to as the ?Two Strikes and You=re Out@ law, a person is considered a persistent offender if the offender is convicted of an offense that under the laws of Washington would be classified as a sex offense under the persistent offender statute, whether convicted in Washington or any federal, out-of-state, county, or municipal court.

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

Appropriation:  None.

Fiscal Note:  Requested on January 16, 2001.