Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS

Public Safety & Emergency Preparedness Committee

HB 2968


This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Addressing crimes against persons.

Sponsors: Representatives Pearson, O'Brien, Kelley, Simpson and Kretz.

Brief Summary of Bill
  • Expands the definition of "crime against persons" to include other felony offenses.
  • Expands the definition of "crime against persons" to include attempts, solicitations, and conspiracies.

Hearing Date: 1/30/08

Staff: Jim Morishima (786-7191).

Background:

The standards for prosecutorial discretion in the Sentencing Reform Act contain a list of "crimes against persons." Crimes on this list include:

Over time, the list of crimes against persons has been put to use in a variety of contexts other than prosecutorial standards. For example, persons sentenced to more than a year of confinement for a crime against persons must receive a mandatory term of community custody (for offenders sentenced to a year or less of confinement, this term is optional). Last year, the Washington Supreme Court ruled that community custody may not be imposed for attempts at a crime against persons because attempts are not specifically included on the list. In re the Postsentence Review of Leach, 161 Wn.2d 180 (2007).

Other purposes for which the list of crimes against persons are used include:

Summary of Bill:

The existing list of "crimes against persons" is re-named "crimes affecting persons." The list of crimes affecting persons is made applicable only to provisions involving standards for prosecution.

A new definition is created for "crimes against persons." The new definition applies to:

The new definition of crimes against persons includes every offense on the old list plus:

Appropriation: None.

Fiscal Note: Requested on January 27, 2008.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.