Prefiled 1/9/2004. Read first time 01/12/2004. Referred to Committee on Criminal Justice & Corrections.

AN ACT Relating to eliminating duplicative sentencing enhancements for drug offenses with a deadly weapon special verdict; amending RCW 9.94A.518 and 9.94A.518; creating new sections; providing an effective date; providing an expiration date; and declaring an emergency.

NEW SECTION.  Sec. 1   (1) The legislature finds that:
     (a) Offenders who committed crimes while armed with deadly weapons pose a serious threat to public safety and should therefore be punished more severely than offenders who committed crimes without deadly weapons;
     (b) Extra time is currently added to the sentences of all offenders who were armed with deadly weapons when they committed their crimes;
     (c) Since 2003, in addition to the extra time added to their sentences, offenders convicted of certain drug-related crimes while armed with deadly weapons have had the seriousness level of their crimes automatically increased to the highest seriousness level available for such crimes; and
     (d) This increased seriousness level has resulted in the sentences for such armed drug offenders being enhanced twice -- a duplicative enhancement that does not exist for any other type of crime, including violent crime.
     (2) The legislature therefore intends to:
     (a) Continue to punish criminals armed with deadly weapons more severely than criminals who are not so armed; and
     (b) Remove the duplicative deadly weapon sentence enhancement for drug-related crimes thereby enhancing their punishments in the same manner as any other crime involving a deadly weapon.

Sec. 2 RCW 9.94A.518 and 2002 c 290 s 9 are each amended to read as follows:

	TABLE 4
	DRUG OFFENSES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
III	((~~Any felony offense under chapter 69.50 RCW with a deadly weapon special verdict under RCW 9.94A.602~~))
	Controlled Substance Homicide (RCW 69.50.415)
	Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
	Involving a minor in drug dealing (RCW 69.50.401(f))
	Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))
	Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)
	Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
	Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440)
	Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
II	Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
	Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
	Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
	Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))
	Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))
	Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))
	Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))
	Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
I	Forged Prescription (RCW 69.41.020)
	Forged Prescription for a Controlled Substance (RCW 69.50.403)
	Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))
	Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Nonnarcotic from Schedule I-V (RCW 69.50.401(d))
	Possession of Controlled Substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))
	Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

Sec. 3 RCW 9.94A.518 and 2003 c 53 s 57 are each amended to read as follows:

	TABLE 4
	DRUG OFFENSES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
III	((~~Any felony offense under chapter 69.50 RCW with a deadly weapon special verdict under RCW 9.94A.602~~))
	Controlled Substance Homicide (RCW 69.50.415)
	Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
	Involving a minor in drug dealing (RCW 69.50.4015)
	Manufacture of methamphetamine (RCW 69.50.401(2)(b))
	Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)
	Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
	Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440)
	Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
II	Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.4011)
	Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(2)(b))
	Delivery of a material in lieu of a controlled substance (RCW 69.50.4012)
	Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(1)(f))
	Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(2)(b))
	Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(2)(a))
	Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(2) (c) through (e))
	Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
I	Forged Prescription (RCW 69.41.020)
	Forged Prescription for a Controlled Substance (RCW 69.50.403)
	Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(2)(c))
	Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Nonnarcotic from Schedule I-V (RCW 69.50.4013)
	Possession of Controlled Substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.4013)
	Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

NEW SECTION.  Sec. 4   (1) This act applies retroactively to offenses committed between July 1, 2003, and the effective date of this section. To this extent, this act applies retroactively, but in all other respects it applies prospectively to offenses committed on or after the effective date of this section.
     (2)(a) The legislature intends that every offender serving, on or after the effective date of this section, a term of total confinement within the standard range for an offense that has a seriousness level of III under RCW 9.94A.518 solely because the offense had a deadly weapon special verdict under RCW 9.94A.602 shall be resentenced, as promptly as practicable, pursuant to the amendments made in sections 2 and 3 of this act.
     (b) Such an offender shall be resentenced as follows:
     (i) An offender who was originally sentenced to total confinement for a period within the standard range under RCW 9.94A.517 for an offense that has a seriousness level of III solely because the offense had a deadly weapon special verdict under RCW 9.94A.602 shall be resentenced to total confinement within the standard range under RCW 9.94A.517 if the amendments made in section 2 or 3 of this act would result in the seriousness level of the offense being lowered.
     (ii) The new term of confinement shall be calculated at the same relative point within the new standard range that the original term of confinement occupied within the original standard range, so that the new term corresponds to the original term as a percentage of the interval between the top and bottom of the applicable range.
     (c) The department of corrections and agencies operating county jails shall identify offenders eligible for resentencing under this section and in each case notify the sentencing court and the offender. To facilitate resentencing of offenders under this section, the legislature requests that the supreme court authorize one or more superior court judges to perform judicial duties in other superior courts, under Article III, section (2)(a) of the state Constitution.
     (3) If resentencing under this section results in a term of confinement of twelve months or less for an offender who was confined in the custody of the department of corrections under the original sentence, the offender shall serve the remainder of the new term in the custody of the department of corrections.
     (4) In no case shall the resentencing under this section result in the offender serving a greater term of total confinement.

NEW SECTION. Sec. 5 Section 2 of 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.