5735-S2 AMS HARG S4607.1

2SSB 5735  - S AMD498
     By Senator Hargrove

     On page 12, beginning on line 26, after "offense" strike all material through "1990," on line 27 and insert "((on or after July 28, 1991, for a sex offense that was committed on or after February 28, 1990,))"

     On page 12, line 28, after "convicted" strike all material through "1997," and insert "((on or after July 27, 1997,))"

     On page 12, line 29, after "offense" strike all material through "1997," and insert "((that was committed on or after July 27, 1997,))"

     On page 14, beginning on line 2, after "register." strike all material through "requirement." on line 9 and insert "((Any adult or juvenile who has been found not guilty by reason of insanity of committing a sex offense on, before, or after February 28, 1990, but who was released before July 23, 1995, or any adult or juvenile who has been found not guilty by reason of insanity of committing a kidnapping offense but who was released before July 27, 1997, shall be required to register within three business days of receiving notice of this registration requirement.))"

     On page 15, beginning on line 8, strike all of subsection (d) and insert the following:
      "(((d) The deadlines for the duty to register under this section do not relieve any sex offender of the duty to register under this section as it existed prior to July 28, 1991.))"

     Correct any internal references accordingly.

     On page 17, after line 4, insert the following:

"NEW SECTION.  Sec. 4   A new section is added to chapter 9A.44 RCW to read as follows:
     (1) RCW 9A.44.128 through 9A.44.145 apply to offenders who committed their crimes and were adjudicated within the following time frames:
     (a) Sex offenders convicted of a sex offense on or after July 28, 1991, for a sex offense committed on or after February 28, 1990;
     (b) Kidnapping offenders convicted of a kidnapping offense on or after July 27, 1997, for a kidnapping offense committed on or after July 27, 1997;
     (c) Sex offenders who, on or after July 28, 1991, were in the custody or under the jurisdiction of the department of corrections, the department of social and health services, a local division of youth services, or a local jail or juvenile detention facility as the result of a sex offense, regardless of when the sex offense was committed;
     (d) Kidnapping offenders who, on or after July 27, 1997, were in the custody or under the jurisdiction of the department of corrections, the department of social and health services, a local division of youth services, or a local jail or juvenile detention facility as the result of a kidnapping offense, regardless of when the kidnapping offense was committed;
     (e) Any person determined to be a sexually violent predator as defined in RCW 71.09.020;
     (f) Sex offenders who, on or after July 23, 1995, were in the custody or under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board as the result of a sex offense, regardless of when the sex offense was committed;
     (g) Kidnapping offenders who, on or after July 27, 1997, were in the custody or under the jurisdiction of the United States bureau of prisons, United States courts, United States parole commission, or military parole board as the result of a kidnapping offense, regardless of when the kidnapping offense was committed;     
     (h) Sex offenders who move to Washington state from another state, tribe, or a foreign country and who were convicted of a sex offense under the laws of this state, another state, a foreign country, tribe, or other federal or military tribunal, regardless of when the sex offense was committed or the conviction occurred;
     (i) Kidnapping offenders who move to Washington state from another state, tribe, or a foreign country and who were convicted of a kidnapping offense under the laws of this state, another state, a foreign country, tribe, or other federal or military tribunal, regardless of when the kidnapping offense was committed or the conviction occurred;
     (j) Any adult or juvenile found not guilty by reason of insanity under chapter 10.77 RCW of committing a sex offense or of committing a kidnapping offense, regardless of when the offense was committed.
     (2) The provisions of this section do not relieve any sex offender of the duty to register under the law as it existed prior to July 28, 1991."

     Renumber the remaining sections consecutively and correct any internal references accordingly.

2SSB 5735  - S AMD
     By Senator Hargrove

     On page 1, line 4 of the title, after "9.94A.515;" insert "adding a new section to chapter 9A.44 RCW;"

EFFECT:  All date references regarding the applicability of the registration provisions are placed in a separate section for readability and reference of practitioners. Ensures that sexually violent predators are required to register regardless of when they were convicted of a sex offense.

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