AN
ACT Relating to amending the judicial review of sex offender registration to
comply with federal funding requirements; amending RCW 9A.44.140; providing an
expiration date; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9A.44.140 and 2001 c 170 s 2 are each amended to read as follows:
(1)
The duty to register under RCW 9A.44.130 shall end:
(a)
For a person convicted of a class A felony or an offense listed in subsection
(5) of this section, or a person convicted of any sex offense or kidnapping
offense who has one or more prior convictions for a sex offense or kidnapping
offense: Such person may only be relieved of the duty to register under
subsection (3) or (4) of this section.
(b)
For a person convicted of a class B felony, and the person does not have one or
more prior convictions for a sex offense or kidnapping offense and the person's
current offense is not listed in subsection (5) of this section: Fifteen years
after the last date of release from confinement, if any, (including full-time
residential treatment) pursuant to the conviction, or entry of the judgment and
sentence, if the person has spent fifteen consecutive years in the community
without being convicted of any new offenses.
(c)
For a person convicted of a class C felony, a violation of RCW 9.68A.090 or
9A.44.096, or an attempt, solicitation, or conspiracy to commit a class C
felony, and the person does not have one or more prior convictions for a sex
offense or kidnapping offense and the person's current offense is not listed in
subsection (5) of this section: Ten years after the last date of release from
confinement, if any, (including full-time residential treatment) pursuant to
the conviction, or entry of the judgment and sentence, if the person has spent
ten consecutive years in the community without being convicted of any new
offenses.
(2)
The provisions of subsection (1) of this section shall apply equally to a
person who has been found not guilty by reason of insanity under chapter 10.77
RCW of a sex offense or kidnapping offense.
(3)(a)
Except as provided in (b) of this subsection, any person having a duty
to register under RCW 9A.44.130 may petition the superior court to be relieved
of that duty, if the person has spent ten consecutive years in the community
without being convicted of any new offenses. The petition shall be made to the
court in which the petitioner was convicted of the offense that subjects him or
her to the duty to register, or, in the case of convictions in other states, a
foreign country, or a federal or military court, to the court in Thurston county.
The prosecuting attorney of the county shall be named and served as the
respondent in any such petition. The court shall consider the nature of the
registrable offense committed, and the criminal and relevant noncriminal
behavior of the petitioner both before and after conviction, and may consider
other factors. Except as provided in subsection (4) of this section, the court
may relieve the petitioner of the duty to register only if the petitioner
shows, with clear and convincing evidence, that future registration of the
petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540,
46.20.187, 70.48.470, and 72.09.330.
(b)(i)
The court may not relieve a person of the duty to register if the person has
been determined to be a sexually violent predator as defined in RCW 71.09.020,
or has been convicted of a sex offense or kidnapping offense that is a class A
felony and that was committed with forcible compulsion on or after June 8,
2000.
(ii)
The court may not relieve a person of the duty to register if the person has
been convicted of one aggravated offense or more than one sexually violent
offense, as defined in subsection (5) of this section, and the offense or
offenses were committed on or after the effective date of this act.
(c)
Any person subject to (b)(((i))) of this subsection or subsection (5) of
this section may petition the court to be exempted from any community
notification requirements that the person may be subject to fifteen years after
the later of the entry of the judgment and sentence or the last date of release
from confinement, including full-time residential treatment, pursuant to the
conviction, if the person has spent the time in the community without being
convicted of any new offense.
(4)
An offender having a duty to register under RCW 9A.44.130 for a sex offense or
kidnapping offense committed when the offender was a juvenile may petition the
superior court to be relieved of that duty. The court shall consider the
nature of the registrable offense committed, and the criminal and relevant
noncriminal behavior of the petitioner both before and after adjudication, and
may consider other factors.
(a)
The court may relieve the petitioner of the duty to register for a sex offense
or kidnapping offense that was committed while the petitioner was fifteen years
of age or older only if the petitioner shows, with clear and convincing
evidence, that future registration of the petitioner will not serve the
purposes of RCW 9A.44.130, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and
72.09.330.
(b)
The court may relieve the petitioner of the duty to register for a sex offense
or kidnapping offense that was committed while the petitioner was under the age
of fifteen if the petitioner (i) has not been adjudicated of any additional sex
offenses or kidnapping offenses during the twenty-four months following the
adjudication for the offense giving rise to the duty to register, and (ii)
proves by a preponderance of the evidence that future registration of the
petitioner will not serve the purposes of RCW 9A.44.130, 10.01.200, 43.43.540,
46.20.187, 70.48.470, and 72.09.330.
This
subsection shall not apply to juveniles prosecuted as adults.
(5)(a)
A person who has been convicted of an aggravated offense, or has been convicted
of one or more prior sexually violent offenses or criminal offenses against a
victim who is a minor, as defined in (b) of this subsection may only be
relieved of the duty to register under subsection (3) ((or (4))) (b)
of this section. This provision shall apply to convictions for crimes
committed on or after July 22, 2001.
(b)
Unless the context clearly requires otherwise, the following definitions apply
only to the federal lifetime registration requirements under this subsection:
(i)
"Aggravated offense" means an adult conviction that meets the
definition of 18 U.S.C. Sec. 2241, which is limited to the following:
(A)
Any sex offense involving sexual intercourse or sexual contact where the victim
is under twelve years of age;
(B)
RCW 9A.44.040 (rape in the first degree), RCW 9A.44.073 (rape of a child in the
first degree), or RCW 9A.44.083 (child molestation in the first degree);
(C)
Any of the following offenses when committed by forcible compulsion or by the
offender administering, by threat or force or without the knowledge or
permission of that person, a drug, intoxicant, or other similar substance that
substantially impairs the ability of that person to appraise or control
conduct: RCW 9A.44.050 (rape in the second degree), RCW 9A.44.100 (indecent
liberties), RCW 9A.44.160 (custodial sexual misconduct in the first degree),
RCW 9A.64.020 (incest), or RCW 9.68A.040 (sexual exploitation of a minor);
(D)
Any of the following offenses when committed by forcible compulsion or by the
offender administering, by threat or force or without the knowledge or
permission of that person, a drug, intoxicant, or other similar substance that
substantially impairs the ability of that person to appraise or control
conduct, if the victim is twelve years of age or over but under sixteen years
of age and the offender is eighteen years of age or over and is more than
forty-eight months older than the victim: RCW 9A.44.076 (rape of a child in
the second degree), RCW 9A.44.079 (rape of a child in the third degree), RCW
9A.44.086 (child molestation in the second degree), or RCW 9A.44.089 (child
molestation in the third degree);
(E)
A felony with a finding of sexual motivation under RCW 9.94A.835 where the
victim is under twelve years of age or that is committed by forcible compulsion
or by the offender administering, by threat or force or without the knowledge
or permission of that person, a drug, intoxicant, or other similar substance that
substantially impairs the ability of that person to appraise or control
conduct;
(F)
An offense that is, under chapter 9A.28 RCW, an attempt or solicitation to
commit such an offense; or
(G)
An offense defined by federal law or the laws of another state that is
equivalent to the offenses listed in (b)(i)(A) through (F) of this subsection.
(ii)
"Sexually violent offense" means an adult conviction that meets the
definition of 42 U.S.C. Sec. 14071(a)(1)(A), which is limited to the following:
(A)
An aggravated offense;
(B)
An offense that is not an aggravated offense but meets the definition of 18
U.S.C. Sec. 2242, which is limited to RCW 9A.44.050(1) (b) through (f) (rape in
the second degree) and RCW 9A.44.100(1) (b) through (f) (indecent liberties);
(C)
A felony with a finding of sexual motivation under RCW 9.94A.835 where the
victim is incapable of appraising the nature of the conduct or physically
incapable of declining participation in, or communicating unwillingness to
engage in, the conduct;
(D)
An offense that is, under chapter 9A.28 RCW, an attempt or solicitation to
commit such an offense; or
(E)
An offense defined by federal law or the laws of another state that is
equivalent to the offenses listed in (b)(ii)(A) through (D) of this subsection.
(iii)
"Criminal offense against a victim who is a minor" means, in addition
to any aggravated offense or sexually violent offense where the victim was
under eighteen years of age, an adult conviction for the following offenses
where the victim is under eighteen years of age:
(A)
RCW 9A.44.060 (rape in the third degree), RCW 9A.44.076 (rape of a child in the
second degree), RCW 9A.44.079 (rape of a child in the third degree), RCW
9A.44.086 (child molestation in the second degree), RCW 9A.44.089 (child molestation
in the third degree), RCW 9A.44.093 (sexual misconduct with a minor in the
first degree), RCW 9A.44.096 (sexual misconduct with a minor in the second
degree), RCW 9A.44.160 (custodial sexual misconduct in the first degree), RCW
9A.64.020 (incest), RCW 9.68A.040 (sexual exploitation of a minor), RCW
9.68A.090 (communication with a minor for immoral purposes), or RCW 9.68A.100
(patronizing a juvenile prostitute);
(B)
RCW 9A.40.020 (kidnapping in the first degree), RCW 9A.40.030 (kidnapping in
the second degree), or RCW 9A.40.040 (unlawful imprisonment), where the victim
is a minor and the offender is not the minor's parent;
(C)
A felony with a finding of sexual motivation under RCW 9.94A.835 where the
victim is a minor;
(D)
An offense that is, under chapter 9A.28 RCW, an attempt or solicitation to
commit such an offense; or
(E)
An offense defined by federal law or the laws of another state that is
equivalent to the offenses listed in (b)(iii)(A) through (D) of this
subsection.
(6)
Unless relieved of the duty to register pursuant to this section, a violation
of RCW 9A.44.130 is an ongoing offense for purposes of the statute of
limitations under RCW 9A.04.080.
(7)
Nothing in RCW 9.94A.637 relating to discharge of an offender shall be
construed as operating to relieve the offender of his or her duty to register
pursuant to RCW 9A.44.130.
(8)
For purposes of determining whether a person has been convicted of more than
one sex offense, failure to register as a sex offender or kidnapping offender
is not a sex or kidnapping offense.
NEW
SECTION. Sec. 2. RCW
9A.44.140(3)(b)(ii) expires July 1, 2012.
NEW
SECTION. Sec. 3. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
