BILL REQ. #: H-1100.1
State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 02/04/13.
AN ACT Relating to scoring an offense a class C felony equivalent if the offense was a felony under the relevant out-of-state statute when there is no clearly comparable offense under Washington law; amending RCW 9.94A.525; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.94A.525 and 2011 c 166 s 3 are each amended to read
as follows:
The offender score is measured on the horizontal axis of the
sentencing grid. The offender score rules are as follows:
The offender score is the sum of points accrued under this section
rounded down to the nearest whole number.
(1) A prior conviction is a conviction which exists before the date
of sentencing for the offense for which the offender score is being
computed. Convictions entered or sentenced on the same date as the
conviction for which the offender score is being computed shall be
deemed "other current offenses" within the meaning of RCW 9.94A.589.
(2)(a) Class A and sex prior felony convictions shall always be
included in the offender score.
(b) Class B prior felony convictions other than sex offenses shall
not be included in the offender score, if since the last date of
release from confinement (including full-time residential treatment)
pursuant to a felony conviction, if any, or entry of judgment and
sentence, the offender had spent ten consecutive years in the community
without committing any crime that subsequently results in a conviction.
(c) Except as provided in (e) of this subsection, class C prior
felony convictions other than sex offenses shall not be included in the
offender score if, since the last date of release from confinement
(including full-time residential treatment) pursuant to a felony
conviction, if any, or entry of judgment and sentence, the offender had
spent five consecutive years in the community without committing any
crime that subsequently results in a conviction.
(d) Except as provided in (e) of this subsection, serious traffic
convictions shall not be included in the offender score if, since the
last date of release from confinement (including full-time residential
treatment) pursuant to a felony conviction, if any, or entry of
judgment and sentence, the offender spent five years in the community
without committing any crime that subsequently results in a conviction.
(e) If the present conviction is 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)), prior convictions
of felony driving while under the influence of intoxicating liquor or
any drug, felony physical control of a vehicle while under the
influence of intoxicating liquor or any drug, and serious traffic
offenses shall be included in the offender score if: (i) The prior
convictions were committed within five years since the last date of
release from confinement (including full-time residential treatment) or
entry of judgment and sentence; or (ii) the prior convictions would be
considered "prior offenses within ten years" as defined in RCW
46.61.5055.
(f) Prior convictions for a repetitive domestic violence offense,
as defined in RCW 9.94A.030, shall not be included in the offender
score if, since the last date of release from confinement or entry of
judgment and sentence, the offender had spent ten consecutive years in
the community without committing any crime that subsequently results in
a conviction.
(g) This subsection applies to both adult and juvenile prior
convictions.
(3) Out-of-state convictions for offenses shall be classified
according to the comparable offense definitions and sentences provided
by Washington law. If there is no clearly comparable offense under
Washington law, the offense shall be scored as a class C felony
equivalent if it was a felony under the relevant out-of-state statute,
unless the defendant can establish that his or her actual conduct did
not constitute a felony under Washington law. Federal convictions for
offenses shall be classified according to the comparable offense
definitions and sentences provided by Washington law. If there is no
clearly comparable offense under Washington law or the offense is one
that is usually considered subject to exclusive federal jurisdiction,
the offense shall be scored as a class C felony equivalent if it was a
felony under the relevant federal statute.
(4) Score prior convictions for felony anticipatory offenses
(attempts, criminal solicitations, and criminal conspiracies) the same
as if they were convictions for completed offenses.
(5)(a) In the case of multiple prior convictions, for the purpose
of computing the offender score, count all convictions separately,
except:
(i) Prior offenses which were found, under RCW 9.94A.589(1)(a), to
encompass the same criminal conduct, shall be counted as one offense,
the offense that yields the highest offender score. The current
sentencing court shall determine with respect to other prior adult
offenses for which sentences were served concurrently or prior juvenile
offenses for which sentences were served consecutively, whether those
offenses shall be counted as one offense or as separate offenses using
the "same criminal conduct" analysis found in RCW 9.94A.589(1)(a), and
if the court finds that they shall be counted as one offense, then the
offense that yields the highest offender score shall be used. The
current sentencing court may presume that such other prior offenses
were not the same criminal conduct from sentences imposed on separate
dates, or in separate counties or jurisdictions, or in separate
complaints, indictments, or informations;
(ii) In the case of multiple prior convictions for offenses
committed before July 1, 1986, for the purpose of computing the
offender score, count all adult convictions served concurrently as one
offense, and count all juvenile convictions entered on the same date as
one offense. Use the conviction for the offense that yields the
highest offender score.
(b) As used in this subsection (5), "served concurrently" means
that: (i) The latter sentence was imposed with specific reference to
the former; (ii) the concurrent relationship of the sentences was
judicially imposed; and (iii) the concurrent timing of the sentences
was not the result of a probation or parole revocation on the former
offense.
(6) If the present conviction is one of the anticipatory offenses
of criminal attempt, solicitation, or conspiracy, count each prior
conviction as if the present conviction were for a completed offense.
When these convictions are used as criminal history, score them the
same as a completed crime.
(7) If the present conviction is for a nonviolent offense and not
covered by subsection (11), (12), or (13) of this section, count one
point for each adult prior felony conviction and one point for each
juvenile prior violent felony conviction and 1/2 point for each
juvenile prior nonviolent felony conviction.
(8) If the present conviction is for a violent offense and not
covered in subsection (9), (10), (11), (12), or (13) of this section,
count two points for each prior adult and juvenile violent felony
conviction, one point for each prior adult nonviolent felony
conviction, and 1/2 point for each prior juvenile nonviolent felony
conviction.
(9) If the present conviction is for a serious violent offense,
count three points for prior adult and juvenile convictions for crimes
in this category, two points for each prior adult and juvenile violent
conviction (not already counted), one point for each prior adult
nonviolent felony conviction, and 1/2 point for each prior juvenile
nonviolent felony conviction.
(10) If the present conviction is for Burglary 1, count prior
convictions as in subsection (8) of this section; however count two
points for each prior adult Burglary 2 or residential burglary
conviction, and one point for each prior juvenile Burglary 2 or
residential burglary conviction.
(11) If the present conviction is for a felony traffic offense
count two points for each adult or juvenile prior conviction for
Vehicular Homicide or Vehicular Assault; for each felony offense count
one point for each adult and 1/2 point for each juvenile prior
conviction; for each serious traffic offense, other than those used for
an enhancement pursuant to RCW 46.61.520(2), count one point for each
adult and 1/2 point for each juvenile prior conviction; count one point
for each adult and 1/2 point for each juvenile prior conviction for
operation of a vessel while under the influence of intoxicating liquor
or any drug.
(12) If the present conviction is for homicide by watercraft or
assault by watercraft count two points for each adult or juvenile prior
conviction for homicide by watercraft or assault by watercraft; for
each felony offense count one point for each adult and 1/2 point for
each juvenile prior conviction; count one point for each adult and 1/2
point for each juvenile prior conviction for driving under the
influence of intoxicating liquor or any drug, actual physical control
of a motor vehicle while under the influence of intoxicating liquor or
any drug, or operation of a vessel while under the influence of
intoxicating liquor or any drug.
(13) If the present conviction is for manufacture of
methamphetamine count three points for each adult prior manufacture of
methamphetamine conviction and two points for each juvenile manufacture
of methamphetamine offense. If the present conviction is for a drug
offense and the offender has a criminal history that includes a sex
offense or serious violent offense, count three points for each adult
prior felony drug offense conviction and two points for each juvenile
drug offense. All other adult and juvenile felonies are scored as in
subsection (8) of this section if the current drug offense is violent,
or as in subsection (7) of this section if the current drug offense is
nonviolent.
(14) If the present conviction is for Escape from Community
Custody, RCW 72.09.310, count only prior escape convictions in the
offender score. Count adult prior escape convictions as one point and
juvenile prior escape convictions as 1/2 point.
(15) If the present conviction is for Escape 1, RCW 9A.76.110, or
Escape 2, RCW 9A.76.120, count adult prior convictions as one point and
juvenile prior convictions as 1/2 point.
(16) If the present conviction is for Burglary 2 or residential
burglary, count priors as in subsection (7) of this section; however,
count two points for each adult and juvenile prior Burglary 1
conviction, two points for each adult prior Burglary 2 or residential
burglary conviction, and one point for each juvenile prior Burglary 2
or residential burglary conviction.
(17) If the present conviction is for a sex offense, count priors
as in subsections (7) through (11) and (13) through (16) of this
section; however count three points for each adult and juvenile prior
sex offense conviction.
(18) If the present conviction is for failure to register as a sex
offender under RCW 9A.44.130 or 9A.44.132, count priors as in
subsections (7) through (11) and (13) through (16) of this section;
however count three points for each adult and juvenile prior sex
offense conviction, excluding prior convictions for failure to register
as a sex offender under RCW 9A.44.130 or 9A.44.132, which shall count
as one point.
(19) If the present conviction is for an offense committed while
the offender was under community custody, add one point. For purposes
of this subsection, community custody includes community placement or
postrelease supervision, as defined in chapter 9.94B RCW.
(20) If the present conviction is for Theft of a Motor Vehicle,
Possession of a Stolen Vehicle, Taking a Motor Vehicle Without
Permission 1, or Taking a Motor Vehicle Without Permission 2, count
priors as in subsections (7) through (18) of this section; however
count one point for prior convictions of Vehicle Prowling 2, and three
points for each adult and juvenile prior Theft 1 (of a motor vehicle),
Theft 2 (of a motor vehicle), Possession of Stolen Property 1 (of a
motor vehicle), Possession of Stolen Property 2 (of a motor vehicle),
Theft of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a
Motor Vehicle Without Permission 1, or Taking a Motor Vehicle Without
Permission 2 conviction.
(21) If the present conviction is for a felony domestic violence
offense where domestic violence as defined in RCW 9.94A.030 was plead
and proven, count priors as in subsections (7) through (20) of this
section; however, count points as follows:
(a) Count two points for each adult prior conviction where domestic
violence as defined in RCW 9.94A.030 was plead and proven after August
1, 2011, for the following offenses: A violation of a no-contact order
that is a felony offense, a violation of a protection order that is a
felony offense, a felony domestic violence harassment offense, a felony
domestic violence stalking offense, a domestic violence Burglary 1
offense, a domestic violence Kidnapping 1 offense, a domestic violence
Kidnapping 2 offense, a domestic violence unlawful imprisonment
offense, a domestic violence Robbery 1 offense, a domestic violence
Robbery 2 offense, a domestic violence Assault 1 offense, a domestic
violence Assault 2 offense, a domestic violence Assault 3 offense, a
domestic violence Arson 1 offense, or a domestic violence Arson 2
offense;
(b) Count one point for each second and subsequent juvenile
conviction where domestic violence as defined in RCW 9.94A.030 was
plead and proven after August 1, 2011, for the offenses listed in (a)
of this subsection; and
(c) Count one point for each adult prior conviction for a
repetitive domestic violence offense as defined in RCW 9.94A.030, where
domestic violence as defined in RCW 9.94A.030, was plead and proven
after August 1, 2011.
(22) The fact that a prior conviction was not included in an
offender's offender score or criminal history at a previous sentencing
shall have no bearing on whether it is included in the criminal history
or offender score for the current offense. Prior convictions that were
not counted in the offender score or included in criminal history under
repealed or previous versions of the sentencing reform act shall be
included in criminal history and shall count in the offender score if
the current version of the sentencing reform act requires including or
counting those convictions. Prior convictions that were not included
in criminal history or in the offender score shall be included upon any
resentencing to ensure imposition of an accurate sentence.