AN ACT Relating to
sabotage resulting in damage to land, facilities, and property; and amending
RCW 9.94A.535.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 9.94A.535 and 2001
2nd sp.s. c 12 s 314 are each amended to read as follows:
The court may impose a
sentence outside the standard sentence range for an offense if it finds,
considering the purpose of this chapter, that there are substantial and
compelling reasons justifying an exceptional sentence. Whenever a sentence
outside the standard sentence range is imposed, the court shall set forth the
reasons for its decision in written findings of fact and conclusions of law. A
sentence outside the standard sentence range shall be a determinate sentence
unless it is imposed on an offender sentenced under RCW 9.94A.712. An
exceptional sentence imposed on an offender sentenced under RCW 9.94A.712 shall
be to a minimum term set by the court and a maximum term equal to the statutory
maximum sentence for the offense of conviction under chapter 9A.20 RCW.
If the sentencing court
finds that an exceptional sentence outside the standard sentence range should
be imposed, the sentence is subject to review only as provided for in RCW
9.94A.585(4).
A departure from the
standards in RCW 9.94A.589 (1) and (2) governing whether sentences are to be
served consecutively or concurrently is an exceptional sentence subject to the
limitations in this section, and may be appealed by the offender or the state as
set forth in RCW 9.94A.585 (2) through (6).
The following are
illustrative factors which the court may consider in the exercise of its
discretion to impose an exceptional sentence. The following are illustrative
only and are not intended to be exclusive reasons for exceptional sentences.
(1) Mitigating
Circumstances
(a) To a significant
degree, the victim was an initiator, willing participant, aggressor, or
provoker of the incident.
(b) Before detection,
the defendant compensated, or made a good faith effort to compensate, the
victim of the criminal conduct for any damage or injury sustained.
(c) The defendant
committed the crime under duress, coercion, threat, or compulsion insufficient
to constitute a complete defense but which significantly affected his or her
conduct.
(d) The defendant, with
no apparent predisposition to do so, was induced by others to participate in
the crime.
(e) The defendant's
capacity to appreciate the wrongfulness of his or her conduct, or to conform
his or her conduct to the requirements of the law, was significantly impaired.
Voluntary use of drugs or alcohol is excluded.
(f) The offense was
principally accomplished by another person and the defendant manifested extreme
caution or sincere concern for the safety or well-being of the victim.
(g) The operation of
the multiple offense policy of RCW 9.94A.589 results in a presumptive sentence
that is clearly excessive in light of the purpose of this chapter, as expressed
in RCW 9.94A.010.
(h) The defendant or
the defendant's children suffered a continuing pattern of physical or sexual
abuse by the victim of the offense and the offense is a response to that abuse.
(2) Aggravating
Circumstances
(a) The defendant's
conduct during the commission of the current offense manifested deliberate
cruelty to the victim.
(b) The defendant knew
or should have known that the victim of the current offense was particularly
vulnerable or incapable of resistance due to extreme youth, advanced age,
disability, or ill health.
(c) The current offense
was a violent offense, and the defendant knew that the victim of the current
offense was pregnant.
(d) The current offense
was a major economic offense or series of offenses, so identified by a
consideration of any of the following factors:
(i) The current offense
involved multiple victims or multiple incidents per victim;
(ii) The current
offense involved attempted or actual monetary loss substantially greater than
typical for the offense;
(iii) The current
offense involved a high degree of sophistication or planning or occurred over a
lengthy period of time; or
(iv) The defendant used
his or her position of trust, confidence, or fiduciary responsibility to
facilitate the commission of the current offense.
(e) The current offense
was a major violation of the Uniform Controlled Substances Act, chapter 69.50
RCW (VUCSA), related to trafficking in controlled substances, which was more
onerous than the typical offense of its statutory definition: The presence of
ANY of the following may identify a current offense as a major VUCSA:
(i) The current offense
involved at least three separate transactions in which controlled substances
were sold, transferred, or possessed with intent to do so;
(ii) The current
offense involved an attempted or actual sale or transfer of controlled
substances in quantities substantially larger than for personal use;
(iii) The current
offense involved the manufacture of controlled substances for use by other
parties;
(iv) The circumstances
of the current offense reveal the offender to have occupied a high position in
the drug distribution hierarchy;
(v) The current offense
involved a high degree of sophistication or planning, occurred over a lengthy
period of time, or involved a broad geographic area of disbursement; or
(vi) The offender used
his or her position or status to facilitate the commission of the current
offense, including positions of trust, confidence or fiduciary responsibility
(e.g., pharmacist, physician, or other medical professional).
(f) The current offense
included a finding of sexual motivation pursuant to RCW 9.94A.835.
(g) The offense was
part of an ongoing pattern of sexual abuse of the same victim under the age of
eighteen years manifested by multiple incidents over a prolonged period of
time.
(h) The current offense
involved domestic violence, as defined in RCW 10.99.020, and one or more of the
following was present:
(i) The offense was
part of an ongoing pattern of psychological, physical, or sexual abuse of the
victim manifested by multiple incidents over a prolonged period of time;
(ii) The offense
occurred within sight or sound of the victim's or the offender's minor children
under the age of eighteen years; or
(iii) The offender's
conduct during the commission of the current offense manifested deliberate
cruelty or intimidation of the victim.
(i) The operation of
the multiple offense policy of RCW 9.94A.589 results in a presumptive sentence
that is clearly too lenient in light of the purpose of this chapter, as
expressed in RCW 9.94A.010.
(j) The defendant's
prior unscored misdemeanor or prior unscored foreign criminal history results
in a presumptive sentence that is clearly too lenient in light of the purpose
of this chapter, as expressed in RCW 9.94A.010.
(k) The offense
resulted in the pregnancy of a child victim of rape.
(l) The defendant knew
that the victim of the current offense was a youth who was not residing with a
legal custodian and the defendant established or promoted the relationship for
the primary purpose of victimization.
(m) The
offense was committed with the intent to obstruct or impair human or animal
health care or agricultural or forestry research or commercial production.
