BILL REQ. #: H-0576.2
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 02/06/09. Referred to Committee on Judiciary.
AN ACT Relating to vehicular homicide and assault; amending RCW 46.61.520 and 46.61.522; reenacting and amending RCW 9.94A.515, 9.94A.030, 9.94A.533, and 13.04.030; creating a new section; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.94A.515 and 2008 c 108 s 23 and 2008 c 38 s 1 are
each reenacted and amended to read as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| XIII | ||
| XII | ||
| XI | ||
| X | ||
| Criminal Mistreatment 1 (RCW 9A.42.020) | ||
| IX | ||
| VIII | ||
| VII | ||
| (( | ||
| VI | ||
| V | ||
| IV | ||
| III | ||
| Escape 2 (RCW 9A.76.120) | ||
| II | ||
| I | ||
Sec. 2 RCW 9.94A.030 and 2008 c 276 s 309, 2008 c 231 s 23, 2008
c 230 s 2, and 2008 c 7 s 1 are each reenacted and amended to read as
follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Board" means the indeterminate sentence review board created
under chapter 9.95 RCW.
(2) "Collect," or any derivative thereof, "collect and remit," or
"collect and deliver," when used with reference to the department,
means that the department, either directly or through a collection
agreement authorized by RCW 9.94A.760, is responsible for monitoring
and enforcing the offender's sentence with regard to the legal
financial obligation, receiving payment thereof from the offender, and,
consistent with current law, delivering daily the entire payment to the
superior court clerk without depositing it in a departmental account.
(3) "Commission" means the sentencing guidelines commission.
(4) "Community corrections officer" means an employee of the
department who is responsible for carrying out specific duties in
supervision of sentenced offenders and monitoring of sentence
conditions.
(5) "Community custody" means that portion of an offender's
sentence of confinement in lieu of earned release time or imposed as
part of a sentence and served in the community subject to controls
placed on the offender's movement and activities by the department.
(6) "Community custody range" means the minimum and maximum period
of community custody included as part of a sentence under RCW
((9.94A.715)) 9.94A.701, as established by the commission or the
legislature under RCW 9.94A.850.
(7) "Community protection zone" means the area within eight hundred
eighty feet of the facilities and grounds of a public or private
school.
(8) "Community restitution" means compulsory service, without
compensation, performed for the benefit of the community by the
offender.
(9) "Confinement" means total or partial confinement.
(10) "Conviction" means an adjudication of guilt pursuant to
Title((s)) 10 or 13 RCW and includes a verdict of guilty, a finding of
guilty, and acceptance of a plea of guilty.
(11) "Crime-related prohibition" means an order of a court
prohibiting conduct that directly relates to the circumstances of the
crime for which the offender has been convicted, and shall not be
construed to mean orders directing an offender affirmatively to
participate in rehabilitative programs or to otherwise perform
affirmative conduct. However, affirmative acts necessary to monitor
compliance with the order of a court may be required by the department.
(12) "Criminal history" means the list of a defendant's prior
convictions and juvenile adjudications, whether in this state, in
federal court, or elsewhere.
(a) The history shall include, where known, for each conviction (i)
whether the defendant has been placed on probation and the length and
terms thereof; and (ii) whether the defendant has been incarcerated and
the length of incarceration.
(b) A conviction may be removed from a defendant's criminal history
only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 9.95.240, or
a similar out-of-state statute, or if the conviction has been vacated
pursuant to a governor's pardon.
(c) The determination of a defendant's criminal history is distinct
from the determination of an offender score. A prior conviction that
was not included in an offender score calculated pursuant to a former
version of the sentencing reform act remains part of the defendant's
criminal history.
(13) "Criminal street gang" means any ongoing organization,
association, or group of three or more persons, whether formal or
informal, having a common name or common identifying sign or symbol,
having as one of its primary activities the commission of criminal
acts, and whose members or associates individually or collectively
engage in or have engaged in a pattern of criminal street gang
activity. This definition does not apply to employees engaged in
concerted activities for their mutual aid and protection, or to the
activities of labor and bona fide nonprofit organizations or their
members or agents.
(14) "Criminal street gang associate or member" means any person
who actively participates in any criminal street gang and who
intentionally promotes, furthers, or assists in any criminal act by the
criminal street gang.
(15) "Criminal street gang-related offense" means any felony or
misdemeanor offense, whether in this state or elsewhere, that is
committed for the benefit of, at the direction of, or in association
with any criminal street gang, or is committed with the intent to
promote, further, or assist in any criminal conduct by the gang, or is
committed for one or more of the following reasons:
(a) To gain admission, prestige, or promotion within the gang;
(b) To increase or maintain the gang's size, membership, prestige,
dominance, or control in any geographical area;
(c) To exact revenge or retribution for the gang or any member of
the gang;
(d) To obstruct justice, or intimidate or eliminate any witness
against the gang or any member of the gang;
(e) To directly or indirectly cause any benefit, aggrandizement,
gain, profit, or other advantage for the gang, its reputation,
influence, or membership; or
(f) To provide the gang with any advantage in, or any control or
dominance over any criminal market sector, including, but not limited
to, manufacturing, delivering, or selling any controlled substance
(chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen
property (chapter 9A.82 RCW); promoting prostitution (chapter 9A.88
RCW); human trafficking (RCW 9A.40.100); or promoting pornography
(chapter 9.68 RCW).
(16) "Day fine" means a fine imposed by the sentencing court that
equals the difference between the offender's net daily income and the
reasonable obligations that the offender has for the support of the
offender and any dependents.
(17) "Day reporting" means a program of enhanced supervision
designed to monitor the offender's daily activities and compliance with
sentence conditions, and in which the offender is required to report
daily to a specific location designated by the department or the
sentencing court.
(18) "Department" means the department of corrections.
(19) "Determinate sentence" means a sentence that states with
exactitude the number of actual years, months, or days of total
confinement, of partial confinement, of community custody, the number
of actual hours or days of community restitution work, or dollars or
terms of a legal financial obligation. The fact that an offender
through earned release can reduce the actual period of confinement
shall not affect the classification of the sentence as a determinate
sentence.
(20) "Disposable earnings" means that part of the earnings of an
offender remaining after the deduction from those earnings of any
amount required by law to be withheld. For the purposes of this
definition, "earnings" means compensation paid or payable for personal
services, whether denominated as wages, salary, commission, bonuses, or
otherwise, and, notwithstanding any other provision of law making the
payments exempt from garnishment, attachment, or other process to
satisfy a court-ordered legal financial obligation, specifically
includes periodic payments pursuant to pension or retirement programs,
or insurance policies of any type, but does not include payments made
under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050,
or Title 74 RCW.
(21) "Drug offender sentencing alternative" is a sentencing option
available to persons convicted of a felony offense other than a violent
offense or a sex offense and who are eligible for the option under RCW
9.94A.660.
(22) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of
a controlled substance (RCW 69.50.4013) or forged prescription for a
controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates
to the possession, manufacture, distribution, or transportation of a
controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws
of this state would be a felony classified as a drug offense under (a)
of this subsection.
(23) "Earned release" means earned release from confinement as
provided in RCW 9.94A.728.
(24) "Escape" means:
(a) Sexually violent predator escape (RCW 9A.76.115), escape in the
first degree (RCW 9A.76.110), escape in the second degree (RCW
9A.76.120), willful failure to return from furlough (RCW 72.66.060),
willful failure to return from work release (RCW 72.65.070), or willful
failure to be available for supervision by the department while in
community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as an escape
under (a) of this subsection.
(25) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW
46.61.522), eluding a police officer (RCW 46.61.024), felony hit-and-run injury-accident (RCW 46.52.020(4)), felony driving while under the
influence of intoxicating liquor or any drug (RCW 46.61.502(6)), or
felony physical control of a vehicle while under the influence of
intoxicating liquor or any drug (RCW 46.61.504(6)); or
(b) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as a felony
traffic offense under (a) of this subsection.
(26) "Fine" means a specific sum of money ordered by the sentencing
court to be paid by the offender to the court over a specific period of
time.
(27) "First-time offender" means any person who has no prior
convictions for a felony and is eligible for the first-time offender
waiver under RCW 9.94A.650.
(28) "Home detention" means a program of partial confinement
available to offenders wherein the offender is confined in a private
residence subject to electronic surveillance.
(29) "Legal financial obligation" means a sum of money that is
ordered by a superior court of the state of Washington for legal
financial obligations which may include restitution to the victim,
statutorily imposed crime victims' compensation fees as assessed
pursuant to RCW 7.68.035, court costs, county or interlocal drug funds,
court-appointed attorneys' fees, and costs of defense, fines, and any
other financial obligation that is assessed to the offender as a result
of a felony conviction. Upon conviction for vehicular assault while
under the influence of intoxicating liquor or any drug, RCW
46.61.522(1)(b), or vehicular homicide while under the influence of
intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial
obligations may also include payment to a public agency of the expense
of an emergency response to the incident resulting in the conviction,
subject to RCW 38.52.430.
(30) "Most serious offense" means any of the following felonies or
a felony attempt to commit any of the following felonies:
(a) Any felony defined under any law as a class A felony or
criminal solicitation of or criminal conspiracy to commit a class A
felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child under age fourteen;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Robbery in the second degree;
(p) Sexual exploitation;
(q) Vehicular assault, when caused by the operation or driving of
a vehicle by a person while under the influence of intoxicating liquor
or any drug or by the operation or driving of a vehicle in a reckless
manner;
(r) Vehicular homicide, when proximately caused by the driving of
any vehicle by any person while under the influence of intoxicating
liquor or any drug as defined by RCW 46.61.502, or by the operation of
any vehicle in a reckless manner;
(s) Any other class B felony offense with a finding of sexual
motivation;
(t) Any other felony with a deadly weapon verdict under RCW
9.94A.602;
(u) Any felony offense in effect at any time prior to December 2,
1993, that is comparable to a most serious offense under this
subsection, or any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified as a
most serious offense under this subsection;
(v)(i) A prior conviction for indecent liberties under RCW
9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess.
as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as
it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1)
(a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;
(ii) A prior conviction for indecent liberties under RCW
9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988,
if: (A) The crime was committed against a child under the age of
fourteen; or (B) the relationship between the victim and perpetrator is
included in the definition of indecent liberties under RCW
9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997,
or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993,
through July 27, 1997;
(w) Any out-of-state conviction for a felony offense with a finding
of sexual motivation if the minimum sentence imposed was ten years or
more; provided that the out-of-state felony offense must be comparable
to a felony offense under Title 9 or 9A RCW and the out-of-state
definition of sexual motivation must be comparable to the definition of
sexual motivation contained in this section.
(31) "Nonviolent offense" means an offense which is not a violent
offense.
(32) "Offender" means a person who has committed a felony
established by state law and is eighteen years of age or older or is
less than eighteen years of age but whose case is under superior court
jurisdiction under RCW 13.04.030 or has been transferred by the
appropriate juvenile court to a criminal court pursuant to RCW
13.40.110. Throughout this chapter, the terms "offender" and
"defendant" are used interchangeably.
(33) "Partial confinement" means confinement for no more than one
year in a facility or institution operated or utilized under contract
by the state or any other unit of government, or, if home detention or
work crew has been ordered by the court, in an approved residence, for
a substantial portion of each day with the balance of the day spent in
the community. Partial confinement includes work release, home
detention, work crew, and a combination of work crew and home
detention.
(34) "Pattern of criminal street gang activity" means:
(a) The commission, attempt, conspiracy, or solicitation of, or any
prior juvenile adjudication of or adult conviction of, two or more of
the following criminal street gang-related offenses:
(i) Any "serious violent" felony offense as defined in RCW
9.94A.030, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of
a Child 1 (RCW 9A.36.120);
(ii) Any "violent" offense as defined by RCW 9.94A.030, excluding
Assault of a Child 2 (RCW 9A.36.130);
(iii) Deliver or Possession with Intent to Deliver a Controlled
Substance (chapter 69.50 RCW);
(iv) Any violation of the firearms and dangerous weapon act
(chapter 9.41 RCW);
(v) Theft of a Firearm (RCW 9A.56.300);
(vi) Possession of a Stolen Firearm (RCW 9A.56.310);
(vii) Malicious Harassment (RCW 9A.36.080);
(viii) Harassment where a subsequent violation or deadly threat is
made (RCW 9A.46.020(2)(b));
(ix) Criminal Gang Intimidation (RCW 9A.46.120);
(x) Any felony conviction by a person eighteen years of age or
older with a special finding of involving a juvenile in a felony
offense under RCW 9.94A.833;
(xi) Residential Burglary (RCW 9A.52.025);
(xii) Burglary 2 (RCW 9A.52.030);
(xiii) Malicious Mischief 1 (RCW 9A.48.070);
(xiv) Malicious Mischief 2 (RCW 9A.48.080);
(xv) Theft of a Motor Vehicle (RCW 9A.56.065);
(xvi) Possession of a Stolen Motor Vehicle (RCW 9A.56.068);
(xvii) Taking a Motor Vehicle Without Permission 1 (RCW 9A.56.070);
(xviii) Taking a Motor Vehicle Without Permission 2 (RCW
9A.56.075);
(xix) Extortion 1 (RCW 9A.56.120);
(xx) Extortion 2 (RCW 9A.56.130);
(xxi) Intimidating a Witness (RCW 9A.72.110);
(xxii) Tampering with a Witness (RCW 9A.72.120);
(xxiii) Reckless Endangerment (RCW 9A.36.050);
(xxiv) Coercion (RCW 9A.36.070);
(xxv) Harassment (RCW 9A.46.020); or
(xxvi) Malicious Mischief 3 (RCW 9A.48.090);
(b) That at least one of the offenses listed in (a) of this
subsection shall have occurred after July 1, 2008;
(c) That the most recent committed offense listed in (a) of this
subsection occurred within three years of a prior offense listed in (a)
of this subsection; and
(d) Of the offenses that were committed in (a) of this subsection,
the offenses occurred on separate occasions or were committed by two or
more persons.
(35) "Persistent offender" is an offender who:
(a)(i) Has been convicted in this state of any felony considered a
most serious offense; and
(ii) Has, before the commission of the offense under (a) of this
subsection, been convicted as an offender on at least two separate
occasions, whether in this state or elsewhere, of felonies that under
the laws of this state would be considered most serious offenses and
would be included in the offender score under RCW 9.94A.525; provided
that of the two or more previous convictions, at least one conviction
must have occurred before the commission of any of the other most
serious offenses for which the offender was previously convicted; or
(b)(i) Has been convicted of: (A) Rape in the first degree, rape
of a child in the first degree, child molestation in the first degree,
rape in the second degree, rape of a child in the second degree, or
indecent liberties by forcible compulsion; (B) any of the following
offenses with a finding of sexual motivation: Murder in the first
degree, murder in the second degree, homicide by abuse, kidnapping in
the first degree, kidnapping in the second degree, assault in the first
degree, assault in the second degree, assault of a child in the first
degree, assault of a child in the second degree, or burglary in the
first degree; or (C) an attempt to commit any crime listed in this
subsection (35)(b)(i); and
(ii) Has, before the commission of the offense under (b)(i) of this
subsection, been convicted as an offender on at least one occasion,
whether in this state or elsewhere, of an offense listed in (b)(i) of
this subsection or any federal or out-of-state offense or offense under
prior Washington law that is comparable to the offenses listed in
(b)(i) of this subsection. A conviction for rape of a child in the
first degree constitutes a conviction under (b)(i) of this subsection
only when the offender was sixteen years of age or older when the
offender committed the offense. A conviction for rape of a child in
the second degree constitutes a conviction under (b)(i) of this
subsection only when the offender was eighteen years of age or older
when the offender committed the offense.
(36) "Predatory" means: (a) The perpetrator of the crime was a
stranger to the victim, as defined in this section; (b) the perpetrator
established or promoted a relationship with the victim prior to the
offense and the victimization of the victim was a significant reason
the perpetrator established or promoted the relationship; or (c) the
perpetrator was: (i) A teacher, counselor, volunteer, or other person
in authority in any public or private school and the victim was a
student of the school under his or her authority or supervision. For
purposes of this subsection, "school" does not include home-based
instruction as defined in RCW 28A.225.010; (ii) a coach, trainer,
volunteer, or other person in authority in any recreational activity
and the victim was a participant in the activity under his or her
authority or supervision; or (iii) a pastor, elder, volunteer, or other
person in authority in any church or religious organization, and the
victim was a member or participant of the organization under his or her
authority.
(37) "Private school" means a school regulated under chapter
28A.195 or 28A.205 RCW.
(38) "Public school" has the same meaning as in RCW 28A.150.010.
(39) "Restitution" means a specific sum of money ordered by the
sentencing court to be paid by the offender to the court over a
specified period of time as payment of damages. The sum may include
both public and private costs.
(40) "Risk assessment" means the application of an objective
instrument supported by research and adopted by the department for the
purpose of assessing an offender's risk of reoffense, taking into
consideration the nature of the harm done by the offender, place and
circumstances of the offender related to risk, the offender's
relationship to any victim, and any information provided to the
department by victims. The results of a risk assessment shall not be
based on unconfirmed or unconfirmable allegations.
(41) "Serious traffic offense" means:
(a) Nonfelony driving while under the influence of intoxicating
liquor or any drug (RCW 46.61.502), nonfelony actual physical control
while under the influence of intoxicating liquor or any drug (RCW
46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an
attended vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal conviction for
an offense that under the laws of this state would be classified as a
serious traffic offense under (a) of this subsection.
(42) "Serious violent offense" is a subcategory of violent offense
and means:
(a)(i) Murder in the first degree;
(ii) Homicide by abuse;
(iii) Murder in the second degree;
(iv) Manslaughter in the first degree;
(v) Assault in the first degree;
(vi) Kidnapping in the first degree;
(vii) Rape in the first degree;
(viii) Assault of a child in the first degree; or
(ix) An attempt, criminal solicitation, or criminal conspiracy to
commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as a serious
violent offense under (a) of this subsection.
(43) "Sex offense" means:
(a)(i) A felony that is a violation of chapter 9A.44 RCW other than
RCW 9A.44.130(12);
(ii) A violation of RCW 9A.64.020;
(iii) A felony that is a violation of chapter 9.68A RCW other than
RCW 9.68A.080; or
(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt,
criminal solicitation, or criminal conspiracy to commit such crimes;
(b) Any conviction for a felony offense in effect at any time prior
to July 1, 1976, that is comparable to a felony classified as a sex
offense in (a) of this subsection;
(c) A felony with a finding of sexual motivation under RCW
9.94A.835 or 13.40.135; or
(d) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as a sex
offense under (a) of this subsection.
(44) "Sexual motivation" means that one of the purposes for which
the defendant committed the crime was for the purpose of his or her
sexual gratification.
(45) "Standard sentence range" means the sentencing court's
discretionary range in imposing a nonappealable sentence.
(46) "Statutory maximum sentence" means the maximum length of time
for which an offender may be confined as punishment for a crime as
prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the
crime, or other statute defining the maximum penalty for a crime.
(47) "Stranger" means that the victim did not know the offender
twenty-four hours before the offense.
(48) "Total confinement" means confinement inside the physical
boundaries of a facility or institution operated or utilized under
contract by the state or any other unit of government for twenty-four
hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
(49) "Transition training" means written and verbal instructions
and assistance provided by the department to the offender during the
two weeks prior to the offender's successful completion of the work
ethic camp program. The transition training shall include instructions
in the offender's requirements and obligations during the offender's
period of community custody.
(50) "Victim" means any person who has sustained emotional,
psychological, physical, or financial injury to person or property as
a direct result of the crime charged.
(51) "Violent offense" means:
(a) Any of the following felonies:
(i) Any felony defined under any law as a class A felony or an
attempt to commit a class A felony;
(ii) Criminal solicitation of or criminal conspiracy to commit a
class A felony;
(iii) Manslaughter in the first degree;
(iv) Manslaughter in the second degree;
(v) Indecent liberties if committed by forcible compulsion;
(vi) Kidnapping in the second degree;
(vii) Arson in the second degree;
(viii) Assault in the second degree;
(ix) Assault of a child in the second degree;
(x) Extortion in the first degree;
(xi) Robbery in the second degree;
(xii) Drive-by shooting;
(xiii) Vehicular assault((, when caused by the operation or driving
of a vehicle by a person while under the influence of intoxicating
liquor or any drug or by the operation or driving of a vehicle in a
reckless manner)); and
(xiv) Vehicular homicide((, when proximately caused by the driving
of any vehicle by any person while under the influence of intoxicating
liquor or any drug as defined by RCW 46.61.502, or by the operation of
any vehicle in a reckless manner));
(b) Any conviction for a felony offense in effect at any time prior
to July 1, 1976, that is comparable to a felony classified as a violent
offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as a violent
offense under (a) or (b) of this subsection.
(52) "Work crew" means a program of partial confinement consisting
of civic improvement tasks for the benefit of the community that
complies with RCW 9.94A.725.
(53) "Work ethic camp" means an alternative incarceration program
as provided in RCW 9.94A.690 designed to reduce recidivism and lower
the cost of corrections by requiring offenders to complete a
comprehensive array of real-world job and vocational experiences,
character-building work ethics training, life management skills
development, substance abuse rehabilitation, counseling, literacy
training, and basic adult education.
(54) "Work release" means a program of partial confinement
available to offenders who are employed or engaged as a student in a
regular course of study at school.
Sec. 3 RCW 9.94A.533 and 2008 c 276 s 301 and 2008 c 219 s 3 are
each reenacted and amended to read as follows:
(1) The provisions of this section apply to the standard sentence
ranges determined by RCW 9.94A.510 or 9.94A.517.
(2) For persons convicted of the anticipatory offenses of criminal
attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the
standard sentence range is determined by locating the sentencing grid
sentence range defined by the appropriate offender score and the
seriousness level of the completed crime, and multiplying the range by
seventy-five percent.
(3) The following additional times shall be added to the standard
sentence range for felony crimes committed after July 23, 1995, if the
offender or an accomplice was armed with a firearm as defined in RCW
9.41.010 and the offender is being sentenced for one of the crimes
listed in this subsection as eligible for any firearm enhancements
based on the classification of the completed felony crime. If the
offender is being sentenced for more than one offense, the firearm
enhancement or enhancements must be added to the total period of
confinement for all offenses, regardless of which underlying offense is
subject to a firearm enhancement. If the offender or an accomplice was
armed with a firearm as defined in RCW 9.41.010 and the offender is
being sentenced for an anticipatory offense under chapter 9A.28 RCW to
commit one of the crimes listed in this subsection as eligible for any
firearm enhancements, the following additional times shall be added to
the standard sentence range determined under subsection (2) of this
section based on the felony crime of conviction as classified under RCW
9A.28.020:
(a) Five years for any felony defined under any law as a class A
felony or with a statutory maximum sentence of at least twenty years,
or both, and not covered under (f) of this subsection;
(b) Three years for any felony defined under any law as a class B
felony or with a statutory maximum sentence of ten years, or both, and
not covered under (f) of this subsection;
(c) Eighteen months for any felony defined under any law as a class
C felony or with a statutory maximum sentence of five years, or both,
and not covered under (f) of this subsection;
(d) If the offender is being sentenced for any firearm enhancements
under (a), (b), and/or (c) of this subsection and the offender has
previously been sentenced for any deadly weapon enhancements after July
23, 1995, under (a), (b), and/or (c) of this subsection or subsection
(4)(a), (b), and/or (c) of this section, or both, all firearm
enhancements under this subsection shall be twice the amount of the
enhancement listed;
(e) Notwithstanding any other provision of law, all firearm
enhancements under this section are mandatory, shall be served in total
confinement, and shall run consecutively to all other sentencing
provisions, including other firearm or deadly weapon enhancements, for
all offenses sentenced under this chapter. However, whether or not a
mandatory minimum term has expired, an offender serving a sentence
under this subsection may be granted an extraordinary medical placement
when authorized under RCW 9.94A.728(4);
(f) The firearm enhancements in this section shall apply to all
felony crimes except the following: Possession of a machine gun,
possessing a stolen firearm, drive-by shooting, theft of a firearm,
unlawful possession of a firearm in the first and second degree, and
use of a machine gun in a felony;
(g) If the standard sentence range under this section exceeds the
statutory maximum sentence for the offense, the statutory maximum
sentence shall be the presumptive sentence unless the offender is a
persistent offender. If the addition of a firearm enhancement
increases the sentence so that it would exceed the statutory maximum
for the offense, the portion of the sentence representing the
enhancement may not be reduced.
(4) The following additional times shall be added to the standard
sentence range for felony crimes committed after July 23, 1995, if the
offender or an accomplice was armed with a deadly weapon other than a
firearm as defined in RCW 9.41.010 and the offender is being sentenced
for one of the crimes listed in this subsection as eligible for any
deadly weapon enhancements based on the classification of the completed
felony crime. If the offender is being sentenced for more than one
offense, the deadly weapon enhancement or enhancements must be added to
the total period of confinement for all offenses, regardless of which
underlying offense is subject to a deadly weapon enhancement. If the
offender or an accomplice was armed with a deadly weapon other than a
firearm as defined in RCW 9.41.010 and the offender is being sentenced
for an anticipatory offense under chapter 9A.28 RCW to commit one of
the crimes listed in this subsection as eligible for any deadly weapon
enhancements, the following additional times shall be added to the
standard sentence range determined under subsection (2) of this section
based on the felony crime of conviction as classified under RCW
9A.28.020:
(a) Two years for any felony defined under any law as a class A
felony or with a statutory maximum sentence of at least twenty years,
or both, and not covered under (f) of this subsection;
(b) One year for any felony defined under any law as a class B
felony or with a statutory maximum sentence of ten years, or both, and
not covered under (f) of this subsection;
(c) Six months for any felony defined under any law as a class C
felony or with a statutory maximum sentence of five years, or both, and
not covered under (f) of this subsection;
(d) If the offender is being sentenced under (a), (b), and/or (c)
of this subsection for any deadly weapon enhancements and the offender
has previously been sentenced for any deadly weapon enhancements after
July 23, 1995, under (a), (b), and/or (c) of this subsection or
subsection (3)(a), (b), and/or (c) of this section, or both, all deadly
weapon enhancements under this subsection shall be twice the amount of
the enhancement listed;
(e) Notwithstanding any other provision of law, all deadly weapon
enhancements under this section are mandatory, shall be served in total
confinement, and shall run consecutively to all other sentencing
provisions, including other firearm or deadly weapon enhancements, for
all offenses sentenced under this chapter. However, whether or not a
mandatory minimum term has expired, an offender serving a sentence
under this subsection may be granted an extraordinary medical placement
when authorized under RCW 9.94A.728(4);
(f) The deadly weapon enhancements in this section shall apply to
all felony crimes except the following: Possession of a machine gun,
possessing a stolen firearm, drive-by shooting, theft of a firearm,
unlawful possession of a firearm in the first and second degree, and
use of a machine gun in a felony;
(g) If the standard sentence range under this section exceeds the
statutory maximum sentence for the offense, the statutory maximum
sentence shall be the presumptive sentence unless the offender is a
persistent offender. If the addition of a deadly weapon enhancement
increases the sentence so that it would exceed the statutory maximum
for the offense, the portion of the sentence representing the
enhancement may not be reduced.
(5) The following additional times shall be added to the standard
sentence range if the offender or an accomplice committed the offense
while in a county jail or state correctional facility and the offender
is being sentenced for one of the crimes listed in this subsection. If
the offender or an accomplice committed one of the crimes listed in
this subsection while in a county jail or state correctional facility,
and the offender is being sentenced for an anticipatory offense under
chapter 9A.28 RCW to commit one of the crimes listed in this
subsection, the following additional times shall be added to the
standard sentence range determined under subsection (2) of this
section:
(a) Eighteen months for offenses committed under RCW 69.50.401(2)
(a) or (b) or 69.50.410;
(b) Fifteen months for offenses committed under RCW 69.50.401(2)
(c), (d), or (e);
(c) Twelve months for offenses committed under RCW 69.50.4013.
For the purposes of this subsection, all of the real property of a
state correctional facility or county jail shall be deemed to be part
of that facility or county jail.
(6) An additional twenty-four months shall be added to the standard
sentence range for any ranked offense involving a violation of chapter
69.50 RCW if the offense was also a violation of RCW 69.50.435 or
9.94A.605. All enhancements under this subsection shall run
consecutively to all other sentencing provisions, for all offenses
sentenced under this chapter.
(7) An additional ((two)) four years shall be added to the standard
sentence range for vehicular homicide committed while under the
influence of intoxicating liquor or any drug as defined by RCW
46.61.502, and an additional four years for each prior offense as
defined in RCW 46.61.5055. All enhancements under this subsection are
mandatory, shall be served in total confinement, and shall run
consecutively to all other sentencing provisions for all offenses
sentenced under this chapter. The total enhancement under this
subsection shall not exceed twelve years.
(8) An additional two years shall be added to the standard sentence
range for vehicular assault committed while under the influence of
intoxicating liquor or any drug as defined by RCW 46.61.502. All
enhancements under this subsection are mandatory, shall be served in
total confinement, and shall run consecutively to all other sentencing
provisions for all offenses sentenced under this chapter. The total
enhancement under this subsection shall not exceed six years.
(9)(a) The following additional times shall be added to the
standard sentence range for felony crimes committed on or after July 1,
2006, if the offense was committed with sexual motivation, as that term
is defined in RCW 9.94A.030. If the offender is being sentenced for
more than one offense, the sexual motivation enhancement must be added
to the total period of total confinement for all offenses, regardless
of which underlying offense is subject to a sexual motivation
enhancement. If the offender committed the offense with sexual
motivation and the offender is being sentenced for an anticipatory
offense under chapter 9A.28 RCW, the following additional times shall
be added to the standard sentence range determined under subsection (2)
of this section based on the felony crime of conviction as classified
under RCW 9A.28.020:
(i) Two years for any felony defined under the law as a class A
felony or with a statutory maximum sentence of at least twenty years,
or both;
(ii) Eighteen months for any felony defined under any law as a
class B felony or with a statutory maximum sentence of ten years, or
both;
(iii) One year for any felony defined under any law as a class C
felony or with a statutory maximum sentence of five years, or both;
(iv) If the offender is being sentenced for any sexual motivation
enhancements under (a)(i), (ii), and/or (iii) of this subsection and
the offender has previously been sentenced for any sexual motivation
enhancements on or after July 1, 2006, under (a)(i), (ii), and/or (iii)
of this subsection, all sexual motivation enhancements under this
subsection shall be twice the amount of the enhancement listed;
(b) Notwithstanding any other provision of law, all sexual
motivation enhancements under this subsection are mandatory, shall be
served in total confinement, and shall run consecutively to all other
sentencing provisions, including other sexual motivation enhancements,
for all offenses sentenced under this chapter. However, whether or not
a mandatory minimum term has expired, an offender serving a sentence
under this subsection may be granted an extraordinary medical placement
when authorized under RCW 9.94A.728(4);
(c) The sexual motivation enhancements in this subsection apply to
all felony crimes;
(d) If the standard sentence range under this subsection exceeds
the statutory maximum sentence for the offense, the statutory maximum
sentence shall be the presumptive sentence unless the offender is a
persistent offender. If the addition of a sexual motivation
enhancement increases the sentence so that it would exceed the
statutory maximum for the offense, the portion of the sentence
representing the enhancement may not be reduced;
(e) The portion of the total confinement sentence which the
offender must serve under this subsection shall be calculated before
any earned early release time is credited to the offender;
(f) Nothing in this subsection prevents a sentencing court from
imposing a sentence outside the standard sentence range pursuant to RCW
9.94A.535.
(((9))) (10) An additional one-year enhancement shall be added to
the standard sentence range for the felony crimes of RCW 9A.44.073,
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089 committed on
or after July 22, 2007, if the offender engaged, agreed, or offered to
engage the victim in the sexual conduct in return for a fee. If the
offender is being sentenced for more than one offense, the one-year
enhancement must be added to the total period of total confinement for
all offenses, regardless of which underlying offense is subject to the
enhancement. If the offender is being sentenced for an anticipatory
offense for the felony crimes of RCW 9A.44.073, 9A.44.076, 9A.44.079,
9A.44.083, 9A.44.086, or 9A.44.089, and the offender attempted,
solicited another, or conspired to engage, agree, or offer to engage
the victim in the sexual conduct in return for a fee, an additional
one-year enhancement shall be added to the standard sentence range
determined under subsection (2) of this section. For purposes of this
subsection, "sexual conduct" means sexual intercourse or sexual
contact, both as defined in chapter 9A.44 RCW.
(((10))) (11)(a) For a person age eighteen or older convicted of
any criminal street gang-related felony offense for which the person
compensated, threatened, or solicited a minor in order to involve the
minor in the commission of the felony offense, the standard sentence
range is determined by locating the sentencing grid sentence range
defined by the appropriate offender score and the seriousness level of
the completed crime, and multiplying the range by one hundred twenty-five percent. If the standard sentence range under this subsection
exceeds the statutory maximum sentence for the offense, the statutory
maximum sentence is the presumptive sentence unless the offender is a
persistent offender.
(b) This subsection does not apply to any criminal street gang-related felony offense for which involving a minor in the commission of
the felony offense is an element of the offense.
(c) The increased penalty specified in (a) of this subsection is
unavailable in the event that the prosecution gives notice that it will
seek an exceptional sentence based on an aggravating factor under RCW
9.94A.535.
(((11))) (12) An additional twelve months and one day shall be
added to the standard sentence range for a conviction of attempting to
elude a police vehicle as defined by RCW 46.61.024, if the conviction
included a finding by special allegation of endangering one or more
persons under RCW 9.94A.834.
Sec. 4 RCW 46.61.520 and 1998 c 211 s 2 are each amended to read
as follows:
(1) When the death of any person ensues within three years as a
proximate result of injury proximately caused by the driving of any
vehicle by any person, the driver is guilty of vehicular homicide if
the driver was operating a motor vehicle:
(a) While under the influence of intoxicating liquor or any drug,
as defined by RCW 46.61.502; or
(b) In a reckless manner; or
(c) With disregard for the safety of others.
(2) Vehicular homicide is a class A felony punishable under chapter
9A.20 RCW, except that, for a conviction under subsection (1)(a) of
this section, there is a mandatory enhancement of four years for the
first offense and an additional ((two)) four years shall be added to
the sentence for each prior offense as defined in RCW 46.61.5055. The
total enhancement shall not exceed twelve years.
Sec. 5 RCW 46.61.522 and 2001 c 300 s 1 are each amended to read
as follows:
(1) A person is guilty of vehicular assault if he or she operates
or drives any vehicle:
(a) In a reckless manner and causes substantial bodily harm to
another; or
(b) While under the influence of intoxicating liquor or any drug,
as defined by RCW 46.61.502, and causes substantial bodily harm to
another; or
(c) With disregard for the safety of others and causes substantial
bodily harm to another.
(2) Vehicular assault is a class B felony punishable under chapter
9A.20 RCW, except that, for a conviction under subsection (1)(b) of
this section, there is a mandatory enhancement of two years for the
first offense and an additional two years shall be added to the
sentence for each prior offense as defined in RCW 46.61.5055. The
total enhancement shall not exceed six years.
(3) As used in this section, "substantial bodily harm" has the same
meaning as in RCW 9A.04.110.
Sec. 6 RCW 13.04.030 and 2005 c 290 s 1 and 2005 c 238 s 1 are
each reenacted and amended to read as follows:
(1) Except as provided in this section, the juvenile courts in this
state shall have exclusive original jurisdiction over all proceedings:
(a) Under the interstate compact on placement of children as
provided in chapter 26.34 RCW;
(b) Relating to children alleged or found to be dependent as
provided in chapter 26.44 RCW and in RCW 13.34.030 through
((13.34.170)) 13.34.161;
(c) Relating to the termination of a parent and child relationship
as provided in RCW 13.34.180 through 13.34.210;
(d) To approve or disapprove out-of-home placement as provided in
RCW 13.32A.170;
(e) Relating to juveniles alleged or found to have committed
offenses, traffic or civil infractions, or violations as provided in
RCW 13.40.020 through 13.40.230, unless:
(i) The juvenile court transfers jurisdiction of a particular
juvenile to adult criminal court pursuant to RCW 13.40.110;
(ii) The statute of limitations applicable to adult prosecution for
the offense, traffic or civil infraction, or violation has expired;
(iii) The alleged offense or infraction is a traffic, fish,
boating, or game offense, or traffic or civil infraction committed by
a juvenile sixteen years of age or older and would, if committed by an
adult, be tried or heard in a court of limited jurisdiction, in which
instance the appropriate court of limited jurisdiction shall have
jurisdiction over the alleged offense or infraction, and no guardian ad
litem is required in any such proceeding due to the juvenile's age:
PROVIDED, That if such an alleged offense or infraction and an alleged
offense or infraction subject to juvenile court jurisdiction arise out
of the same event or incident, the juvenile court may have jurisdiction
of both matters: PROVIDED FURTHER, That the jurisdiction under this
subsection does not constitute "transfer" or a "decline" for purposes
of RCW 13.40.110(1) or (e)(i) of this subsection: PROVIDED FURTHER,
That courts of limited jurisdiction which confine juveniles for an
alleged offense or infraction may place juveniles in juvenile detention
facilities under an agreement with the officials responsible for the
administration of the juvenile detention facility in RCW 13.04.035 and
13.20.060;
(iv) The alleged offense is a traffic or civil infraction, a
violation of compulsory school attendance provisions under chapter
28A.225 RCW, or a misdemeanor, and a court of limited jurisdiction has
assumed concurrent jurisdiction over those offenses as provided in RCW
13.04.0301; ((or))
(v) The juvenile is sixteen or seventeen years old on the date the
alleged offense is committed and the alleged offense is:
(A) A serious violent offense as defined in RCW 9.94A.030;
(B) A violent offense as defined in RCW 9.94A.030 and the juvenile
has a criminal history consisting of: (I) One or more prior serious
violent offenses; (II) two or more prior violent offenses; or (III)
three or more of any combination of the following offenses: Any class
A felony, any class B felony, vehicular assault, or manslaughter in the
second degree, all of which must have been committed after the
juvenile's thirteenth birthday and prosecuted separately;
(C) Robbery in the first degree, rape of a child in the first
degree, or drive-by shooting, committed on or after July 1, 1997;
(D) Burglary in the first degree committed on or after July 1,
1997, and the juvenile has a criminal history consisting of one or more
prior felony or misdemeanor offenses; or
(E) Any violent offense as defined in RCW 9.94A.030 committed on or
after July 1, 1997, and the juvenile is alleged to have been armed with
a firearm.
(I) In such a case the adult criminal court shall have exclusive
original jurisdiction, except as provided in (e)(v)(E)(II) of this
subsection.
(II) The juvenile court shall have exclusive jurisdiction over the
disposition of any remaining charges in any case in which the juvenile
is found not guilty in the adult criminal court of the charge or
charges for which he or she was transferred, or is convicted in the
adult criminal court of a lesser included offense that is not also an
offense listed in (e)(v) of this subsection. The juvenile court shall
enter an order extending juvenile court jurisdiction if the juvenile
has turned eighteen years of age during the adult criminal court
proceedings pursuant to RCW 13.40.300. However, once the case is
returned to juvenile court, the court may hold a decline hearing
pursuant to RCW 13.40.110 to determine whether to retain the case in
juvenile court for the purpose of disposition or return the case to
adult criminal court for sentencing.
If the juvenile challenges the state's determination of the
juvenile's criminal history under (e)(v) of this subsection, the state
may establish the offender's criminal history by a preponderance of the
evidence. If the criminal history consists of adjudications entered
upon a plea of guilty, the state shall not bear a burden of
establishing the knowing and voluntariness of the plea; or
(vi) The alleged offense is vehicular assault under RCW
46.61.522(1)(b) or vehicular homicide under RCW 46.61.520;
(f) Under the interstate compact on juveniles as provided in
chapter 13.24 RCW;
(g) Relating to termination of a diversion agreement under RCW
13.40.080, including a proceeding in which the divertee has attained
eighteen years of age;
(h) Relating to court validation of a voluntary consent to an out-of-home placement under chapter 13.34 RCW, by the parent or Indian
custodian of an Indian child, except if the parent or Indian custodian
and child are residents of or domiciled within the boundaries of a
federally recognized Indian reservation over which the tribe exercises
exclusive jurisdiction;
(i) Relating to petitions to compel disclosure of information filed
by the department of social and health services pursuant to RCW
74.13.042; and
(j) Relating to judicial determinations and permanency planning
hearings involving ((developmentally disabled)) children who are
developmentally disabled and who have been placed in out-of-home care
pursuant to a voluntary placement agreement between the child's parent,
guardian, or legal custodian and the department of social and health
services.
(2) The family court shall have concurrent original jurisdiction
with the juvenile court over all proceedings under this section if the
superior court judges of a county authorize concurrent jurisdiction as
provided in RCW 26.12.010.
(3) The juvenile court shall have concurrent original jurisdiction
with the family court over child custody proceedings under chapter
26.10 RCW as provided for in RCW 13.34.155.
(4) A juvenile subject to adult superior court jurisdiction under
subsection (1)(e)(i) through (((v))) (vi) of this section, who is
detained pending trial, may be detained in a detention facility as
defined in RCW 13.40.020 pending sentencing or a dismissal.
NEW SECTION. Sec. 7 If specific funding for the purposes of this
act, referencing this act by bill or chapter number, is not provided by
June 30, 2009, in the omnibus appropriations act, this act is null and
void.
NEW SECTION. Sec. 8 This act takes effect August 1, 2009.