BILL REQ. #:  H-3863.3 

Read first time 01/13/2006.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to taking a motor vehicle without permission; amending RCW 9A.56.070, 9.94A.545 and 13.40.0357; reenacting and amending RCW 9.94A.505; adding new sections to chapter 9.94A RCW; prescribing penalties; and making appropriations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 9A.56.070 and 2003 c 53 s 72 are each amended to read as follows:
     (1) A person is guilty of taking a motor vehicle without permission in the first degree if he or she, without the permission of the owner or person entitled to possession, intentionally takes or drives away an automobile or motor vehicle, whether propelled by steam, electricity, or internal combustion engine, that is the property of another, and he or she:
     (a) Alters the motor vehicle for the purpose of changing its appearance or primary identification, including obscuring, removing, or changing the manufacturer's serial number or the vehicle identification number plates;
     (b) Removes, or participates in the removal of, parts from the motor vehicle with the intent to sell the parts;
     (c) Exports, or attempts to export, the motor vehicle across state lines or out of the United States for profit;
     (d) Intends to sell the motor vehicle; or
     (e) Is engaged in a conspiracy and the central object of the conspiratorial agreement is the theft of motor vehicles for sale to others for profit.
     (2) When a person has in his or her possession, or under his or her control, two or more stolen vehicles, he or she is presumed to know that the vehicles are stolen.
     (3) When a person has been found in possession of a stolen vehicle on two previous occasions, or has been found with a stolen vehicle under his or her control on two previous occasions, he or she is presumed to know that the third and subsequent vehicles in his or her possession, or under his or her control, are stolen.
(4) Taking a motor vehicle without permission in the first degree is a class B felony.

NEW SECTION.  Sec. 2   A new section is added to chapter 9.94A RCW to read as follows:
     (1) A person convicted of taking a motor vehicle without permission in the first degree shall be sentenced to the following minimums:
     (a) For an offender with no prior convictions for taking a motor vehicle without permission in the first or second degree:
     (i) A term of total confinement of not less than two hundred days;
     (ii) A term of community custody of not less than ninety days;
     (iii) A term of community restitution of not less than forty-five hours; and
     (iv) A fine of not less than one hundred fifty dollars.
     (b) For an offender with one prior conviction for taking a motor vehicle without permission in the first or second degree:
     (i) A term of total confinement of not less than three hundred eighty days;
     (ii) A term of community custody of not less than one hundred twenty days;
     (iii) A term of community restitution of not less than sixty hours; and
     (iv) A fine of not less than two hundred dollars.
     (c) For an offender with two or more prior convictions for taking a motor vehicle without permission in the first or second degree:
     (i) A term of total confinement of not less than four hundred eighty days;
     (ii) A term of community custody of not less than one hundred eighty days;
     (iii) A term of community restitution of not less than ninety hours; and
     (iv) A fine of not less than two hundred fifty dollars.
     (2) A person convicted of taking a motor vehicle without permission in the second degree shall be sentenced to the following minimums:
     (a) For an offender with no prior convictions for taking a motor vehicle without permission in the first or second degree:
     (i) A term of total confinement of not less than twenty days;
     (ii) A term of community custody of not less than sixty days;
     (iii) A term of community restitution of not less than thirty hours; and
     (iv) A fine of not less than one hundred dollars.
     (b) For an offender with one prior conviction for taking a motor vehicle without permission in the first or second degree:
     (i) A term of total confinement of not less than thirty days;
     (ii) A term of community custody of not less than ninety days;
     (iii) A term of community restitution of not less than forty-five hours; and
     (iv) A fine of not less than one hundred fifty dollars.
     (c) For an offender with two or more prior convictions for taking a motor vehicle without permission in the first or second degree:
     (i) A term of total confinement of not less than eighty days;
     (ii) A term of community custody of not less than one hundred twenty days;
     (iii) A term of community restitution of not less than sixty hours; and
     (iv) A fine of not less than two hundred dollars.
     (3) A minimum term of total confinement imposed under this section may not be varied or modified under RCW 9.94A.535. During a minimum term of total confinement, no offender subject to the provisions of this section is eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release authorized under RCW 9.94A.728, or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer. The provisions of this subsection shall not apply: (a) In the case of an offender in need of emergency medical treatment; (b) for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree; or (c) for an extraordinary medical placement when authorized under RCW 9.94A.728(4).

NEW SECTION.  Sec. 3   A new section is added to chapter 9.94A RCW to read as follows:
     (1) Any person who makes or mends, or causes to be made or mended, or has in his or her possession, any shaved key commonly used for the commission of taking a motor vehicle without permission, shall be guilty of possession of shaved keys.
     (2) Possession of a shaved key is a gross misdemeanor.

Sec. 4   RCW 9.94A.505 and 2002 c 290 s 17, 2002 c 289 s 6, and 2002 c 175 s 6 are each reenacted and amended to read as follows:
     (1) When a person is convicted of a felony, the court shall impose punishment as provided in this chapter.
     (2)(a) The court shall impose a sentence as provided in the following sections and as applicable in the case:
     (i) Unless another term of confinement applies, the court shall impose a sentence within the standard sentence range established in RCW 9.94A.510 or 9.94A.517;
     (ii) RCW 9.94A.700 and 9.94A.705, relating to community placement;
     (iii) RCW 9.94A.710 and 9.94A.715, relating to community custody;
     (iv) RCW 9.94A.545, relating to community custody for offenders whose term of confinement is one year or less;
     (v) RCW 9.94A.570, relating to persistent offenders;
     (vi) RCW 9.94A.540, relating to mandatory minimum terms;
     (vii) RCW 9.94A.650, relating to the first-time offender waiver;
     (viii) RCW 9.94A.660, relating to the drug offender sentencing alternative;
     (ix) RCW 9.94A.670, relating to the special sex offender sentencing alternative;
     (x) RCW 9.94A.712, relating to certain sex offenses;
     (xi) RCW 9.94A.535, relating to exceptional sentences;
     (xii) RCW 9.94A.589, relating to consecutive and concurrent sentences;
     (xiii) Section 2 of this act, relating to minimum sentences for taking a motor vehicle without permission in the first and second degrees.
     (b) If a standard sentence range has not been established for the offender's crime, the court shall impose a determinate sentence which may include not more than one year of confinement; community restitution work; until July 1, 2000, a term of community supervision not to exceed one year and on and after July 1, 2000, a term of community custody not to exceed one year, subject to conditions and sanctions as authorized in RCW 9.94A.710 (2) and (3); and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds reasons justifying an exceptional sentence as provided in RCW 9.94A.535.
     (3) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.
     (4) If a sentence imposed includes payment of a legal financial obligation, it shall be imposed as provided in RCW 9.94A.750, 9.94A.753, 9.94A.760, and 43.43.7541.
     (5) Except as provided under RCW 9.94A.750(4) and 9.94A.753(4), a court may not impose a sentence providing for a term of confinement or community supervision, community placement, or community custody which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.
     (6) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.
     (7) The court shall order restitution as provided in RCW 9.94A.750 and 9.94A.753.
     (8) As a part of any sentence, the court may impose and enforce crime-related prohibitions and affirmative conditions as provided in this chapter.
     (9) The court may order an offender whose sentence includes community placement or community supervision to undergo a mental status evaluation and to participate in available outpatient mental health treatment, if the court finds that reasonable grounds exist to believe that the offender is a mentally ill person as defined in RCW 71.24.025, and that this condition is likely to have influenced the offense. An order requiring mental status evaluation or treatment must be based on a presentence report and, if applicable, mental status evaluations that have been filed with the court to determine the offender's competency or eligibility for a defense of insanity. The court may order additional evaluations at a later date if deemed appropriate.
     (10) In any sentence of partial confinement, the court may require the offender to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.
     (11) In sentencing an offender convicted of a crime of domestic violence, as defined in RCW 10.99.020, if the offender has a minor child, or if the victim of the offense for which the offender was convicted has a minor child, the court may, as part of any term of community supervision, community placement, or community custody, order the offender to participate in a domestic violence perpetrator program approved under RCW 26.50.150.

Sec. 5   RCW 9.94A.545 and 2003 c 379 s 8 are each amended to read as follows:
     Except as provided in RCW 9.94A.650 and section 2 of this act, on all sentences of confinement for one year or less, in which the offender is convicted of a sex offense, a violent offense, a crime against a person under RCW 9.94A.411, or felony violation of chapter 69.50 or 69.52 RCW or an attempt, conspiracy, or solicitation to commit such a crime, the court may impose up to one year of community custody, subject to conditions and sanctions as authorized in RCW 9.94A.715 and 9.94A.720. An offender shall be on community custody as of the date of sentencing. However, during the time for which the offender is in total or partial confinement pursuant to the sentence or a violation of the sentence, the period of community custody shall toll.

Sec. 6   RCW 13.40.0357 and 2004 c 117 s 1 are each amended to read as follows:

NEW SECTION.  Sec. 7   The sum of seven million dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2007, from the state general fund to the Washington state patrol to establish and operate three regional auto theft task forces in Washington.

NEW SECTION.  Sec. 8   The sum of three million dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2007, from the state general fund to the Washington state patrol to establish and operate proaction auto theft swat units in Washington.