S‑0342.1 _____________________________________________
SENATE BILL 5916
_____________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Senators Parlette, Haugen, B. Sheldon, Oke, T. Sheldon, Morton, Hewitt and Kohl‑Welles
Read first time 02/07/2001. Referred to Committee on Judiciary.
_1 AN ACT Relating to vehicular offenses within roadway
_2 construction zones; and amending RCW 9.94A.390.
_3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
_4 Sec. 1. RCW 9.94A.390 and 2000 c 28 s 8 are each amended to read
_5 as follows:
_6 The court may impose a sentence outside the standard sentence
_7 range for an offense if it finds, considering the purpose of this
_8 chapter, that there are substantial and compelling reasons
_9 justifying an exceptional sentence. Whenever a sentence outside
10 the standard sentence range is imposed, the court shall set forth
11 the reasons for its decision in written findings of fact and
12 conclusions of law. A sentence outside the standard sentence
13 range shall be a determinate sentence.
14 If the sentencing court finds that an exceptional sentence
15 outside the standard sentence range should be imposed, the
16 sentence is subject to review only as provided for in RCW
17 9.94A.210(4).
18 A departure from the standards in RCW 9.94A.400 (1) and (2)
19 governing whether sentences are to be served consecutively or
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_1 concurrently is an exceptional sentence subject to the limitations
_2 in this section, and may be appealed by the offender or the state
_3 as set forth in RCW 9.94A.210 (2) through (6).
_4 The following are illustrative factors which the court may
_5 consider in the exercise of its discretion to impose an
_6 exceptional sentence. The following are illustrative only and are
_7 not intended to be exclusive reasons for exceptional sentences.
_8 (1) Mitigating Circumstances
_9 (a) To a significant degree, the victim was an initiator,
10 willing participant, aggressor, or provoker of the incident.
11 (b) Before detection, the defendant compensated, or made a good
12 faith effort to compensate, the victim of the criminal conduct for
13 any damage or injury sustained.
14 (c) The defendant committed the crime under duress, coercion,
15 threat, or compulsion insufficient to constitute a complete
16 defense but which significantly affected his or her conduct.
17 (d) The defendant, with no apparent predisposition to do so,
18 was induced by others to participate in the crime.
19 (e) The defendant's capacity to appreciate the wrongfulness of
20 his or her conduct, or to conform his or her conduct to the
21 requirements of the law, was significantly impaired. Voluntary
22 use of drugs or alcohol is excluded.
23 (f) The offense was principally accomplished by another person
24 and the defendant manifested extreme caution or sincere concern
25 for the safety or well-being of the victim.
26 (g) The operation of the multiple offense policy of RCW
27 9.94A.400 results in a presumptive sentence that is clearly
28 excessive in light of the purpose of this chapter, as expressed in
29 RCW 9.94A.010.
30 (h) The defendant or the defendant's children suffered a
31 continuing pattern of physical or sexual abuse by the victim of
32 the offense and the offense is a response to that abuse.
33 (2) Aggravating Circumstances
34 (a) The defendant's conduct during the commission of the
35 current offense manifested deliberate cruelty to the victim.
36 (b) The defendant knew or should have known that the victim of
37 the current offense was particularly vulnerable or incapable of
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_1 resistance due to extreme youth, advanced age, disability, or ill
_2 health.
_3 (c) The current offense was a violent offense, and the
_4 defendant knew that the victim of the current offense was
_5 pregnant.
_6 (d) The current offense was a major economic offense or series
_7 of offenses, so identified by a consideration of any of the
_8 following factors:
_9 (i) The current offense involved multiple victims or multiple
10 incidents per victim;
11 (ii) The current offense involved attempted or actual monetary
12 loss substantially greater than typical for the offense;
13 (iii) The current offense involved a high degree of
14 sophistication or planning or occurred over a lengthy period of
15 time; or
16 (iv) The defendant used his or her position of trust,
17 confidence, or fiduciary responsibility to facilitate the
18 commission of the current offense.
19 (e) The current offense was a major violation of the Uniform
20 Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to
21 trafficking in controlled substances, which was more onerous than
22 the typical offense of its statutory definition: The presence of
23 ANY of the following may identify a current offense as a major
24 VUCSA:
25 (i) The current offense involved at least three separate
26 transactions in which controlled substances were sold,
27 transferred, or possessed with intent to do so;
28 (ii) The current offense involved an attempted or actual sale
29 or transfer of controlled substances in quantities substantially
30 larger than for personal use;
31 (iii) The current offense involved the manufacture of
32 controlled substances for use by other parties;
33 (iv) The circumstances of the current offense reveal the
34 offender to have occupied a high position in the drug distribution
35 hierarchy;
36 (v) The current offense involved a high degree of
37 sophistication or planning, occurred over a lengthy period of
38 time, or involved a broad geographic area of disbursement; or
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_1 (vi) The offender used his or her position or status to
_2 facilitate the commission of the current offense, including
_3 positions of trust, confidence or fiduciary responsibility (e.g.,
_4 pharmacist, physician, or other medical professional).
_5 (f) The current offense included a finding of sexual motivation
_6 pursuant to RCW 9.94A.127.
_7 (g) The offense was part of an ongoing pattern of sexual abuse
_8 of the same victim under the age of eighteen years manifested by
_9 multiple incidents over a prolonged period of time.
10 (h) The current offense involved domestic violence, as defined
11 in RCW 10.99.020, and one or more of the following was present:
12 (i) The offense was part of an ongoing pattern of
13 psychological, physical, or sexual abuse of the victim manifested
14 by multiple incidents over a prolonged period of time;
15 (ii) The offense occurred within sight or sound of the victim's
16 or the offender's minor children under the age of eighteen years;
17 or
18 (iii) The offender's conduct during the commission of the
19 current offense manifested deliberate cruelty or intimidation of
20 the victim.
21 (i) The operation of the multiple offense policy of RCW
22 9.94A.400 results in a presumptive sentence that is clearly too
23 lenient in light of the purpose of this chapter, as expressed in
24 RCW 9.94A.010.
25 (j) The defendant's prior unscored misdemeanor or prior
26 unscored foreign criminal history results in a presumptive
27 sentence that is clearly too lenient in light of the purpose of
28 this chapter, as expressed in RCW 9.94A.010.
29 (k) The offense resulted in the pregnancy of a child victim of
30 rape.
31 (l) The defendant knew that the victim of the current offense
32 was a youth who was not residing with a legal custodian and the
33 defendant established or promoted the relationship for the primary
34 purpose of victimization.
35 (m) The current offense is a vehicular assault or vehicular
36 homicide and the person injured or killed was within a roadway
37 construction zone as defined in RCW 46.61.527.
‑‑‑ END ‑‑‑
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