H-1542.1 _______________________________________________
HOUSE BILL 1957
_______________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Representatives Kagi, Lambert, Keiser and O'Brien
Read first time 02/09/2001. Referred to Committee on Criminal Justice & Corrections.
AN ACT Relating to persistent offender sentencing; amending RCW 9.94A.560; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.94A.560 and 2000 c 28 s 6 are each amended to read as follows:
Notwithstanding the
statutory maximum sentence or any other provision of this chapter, a persistent
offender shall be sentenced to a mandatory minimum term of at least
twenty-five years of total confinement ((for life)) without the
possibility of release or, when authorized by RCW 10.95.030 for the crime of
aggravated murder in the first degree, sentenced to death. The court may,
in the court's discretion, impose a mandatory minimum sentence of more than
twenty-five years for a persistent offender. In addition, no offender
subject to this section may be eligible for community custody, earned release
time, furlough, home detention, partial confinement, work crew, work release,
or any other form of release as defined under RCW 9.94A.150 (1), (2), (3), (4),
(6), (8), or (9), or any other form of authorized leave from a correctional
facility while not in the direct custody of a corrections officer or officers,
except: (1) In the case of an offender in need of emergency medical treatment;
or (2) for the purpose of commitment to an inpatient treatment facility in the
case of an offender convicted of the crime of rape in the first degree.
NEW SECTION. Sec. 2. An offender who was convicted as a persistent offender prior to the effective date of this act and sentenced to life imprisonment without possibility of release is entitled to a resentencing hearing. The offender may make a motion for relief from sentence to the original sentencing court. The sentencing court in the discretion of the court may resentence the offender to a mandatory minimum term of at least twenty-five years of imprisonment.
--- END ---