ADOPTED 4/12/2005
5477 AMH KAGI LEAT 072
SB 5477 - H AMD
By Representative Kagi
On page 2, line 7, after "evidence." insert:
"While the legislature intends to bring the sentencing reform act into compliance as previously indicated, the legislature recognizes the need to restore the judicial discretion that has been limited as a result of the Blakely decision."
On page 9, after line 2, insert:
"NEW SECTION. Sec. 5. The Sentencing Guidelines Commission shall review the sentencing reform act as it relates to the sentencing grid, all provisions providing for exceptional sentences both above and below the standard sentencing ranges, and judicial discretion in sentencing. As part of its review, the Commission shall:
(a) study the relevant provisions of the sentencing reform act, including the provisions in this act;
(b) consider how to restore the judicial discretion which has been limited as a result of the Blakely decision;
(c) consider the use of advisory sentencing guidelines for all or any group of crimes;
(d) draft proposed legislation that seeks to address the limitations placed on judicial discretion in sentencing as a result of the Blakely decision; and
(e) determine the fiscal impact of any proposed legislation. The Commission shall submit its findings and proposed legislation to the legislature no later than December 1, 2005."
Renumber the sections consecutively and correct any internal references accordingly.
EFFECT: Clarifies the intent of the legislature by recognizing the need to restore judicial discretion in sentencing. Directs the Sentencing Guidelines Commission to study the sentencing reform act and report its findings to the legislature by December 1, 2005.