6009 AMS PADD S4590.1

SB 6009  - S AMD490
     By Senator Padden

     On page 2, beginning on line 1, after "(a)" strike all material through "theft" on line 12, and insert "(i) The present felony conviction for which the person is being sentenced is residential burglary or burglary in the second degree; (ii) the person has an offender score of nine points or higher; and (iii) at least nine of the points in the person's offender score result from any combination of the offenses of residential burglary or burglary in the second degree; or
     (b)(i) The present felony conviction for which the person is being sentenced is theft in the first degree or theft in the second degree; (ii) the person has an offender score of nine points or higher; and (iii) at least nine of the points in the person's offender score result from any combination of the offenses of theft in the first degree or theft in the second degree"

EFFECT:  (1) Removes unlawful issuance of checks or drafts, organized retail theft, theft with special circumstances, mail theft, and theft of a firearm from the crimes considered in applying the habitual property offender enhancement.
     (2) If a person is being sentenced for a burglary offense, the requisite nine points must all result from prior offenses of residential burglary or burglary in the second degree in order for that person to be a habitual property offender. If the person is being sentenced for a theft offense, the requisite nine points must all result from prior offenses of theft in the first or second degree in order for that person to be a habitual property offender.

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