Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Public Safety Committee |
HB 2194
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: Concerning the offender score for domestic violence against a child.
Sponsors: Representative Goodman.
Brief Summary of Bill |
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Hearing Date: 1/22/14
Staff: Jenna Zwang (786-7290) and Sarah Koster (786-7303).
Background:
The sentence imposed in a particular case will depend on both the seriousness level of the offense for which the defendant was convicted and the defendant's offender score. Crimes included within each seriousness level are listed in RCW 9.94A.515.
The offender score may vary from zero to nine + points depending on five factors: (1) the number of prior criminal convictions or juvenile dispositions; (2) the relationship between any prior offense(s) and the current offense of conviction; (3) the present of other current convictions; (4) the offender's community custody status at the time the crime was committed; and (5) the length of the offender's crime-free behavior between offenses.
The following felony offenses currently count double, or two points, towards an offender score, when domestic violence was involved in the commission of the offense:
Felony Domestic Violence Harassment;
Felony Domestic Violence Stalking;
Burglary 1;
Kidnapping 1;
Kidnapping 2;
Unlawful Imprisonment;
Robbery 1;
Robbery 2;
Assault 1;
Assault 2;
Assault 3;
Arson 1; and
Arson 2.
Domestic Violence is defined to mean: (a) physical harm, bodily injury, assault or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking of one family or household member by another family or household member
Assault of a Child in the first degree is a class A felony with a seriousness level of XII.
Assault of a Child in the second degree is a class B felony with a seriousness level of IX.
Assault of a Child in the third degree is a class C felony, with a seriousness level of III.
Criminal Mistreatment in the first degree: class B felony, with a seriousness level of X.
Criminal Mistreatment in the second degree: class C felony, with a seriousness level of V.
Summary of Bill:
The following felony offenses currently count double, or two points, towards an offender score, when domestic violence was involved in the commission of the offense:
Felony Domestic Violence Harassment;
Felony Domestic Violence Stalking;
Burglary 1;
Kidnapping 1;
Kidnapping 2;
Unlawful Imprisonment;
Robbery 1;
Robbery 2;
Assault 1;
Assault 2;
Assault 3;
Arson 1;
Arson 2;
Assault of a Child 1;
Assault of a Child 2;
Assault of a Child 3;
Criminal Mistreatment 1; and
Criminal Mistreatment 2.
Appropriation: None.
Fiscal Note: Preliminary fiscal note available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.