BILL REQ. #: S-0028.6
| State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 01/28/13. Referred to Committee on Human Services & Corrections.
AN ACT Relating to juvenile firearms and weapons crimes; and amending RCW 13.40.0357, 13.40.127, 13.40.193, and 13.40.160.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 13.40.0357 and 2012 c 177 s 4 are each amended to read
as follows:
| DESCRIPTION AND OFFENSE CATEGORY | ||||
| JUVENILE DISPOSITION OFFENSE CATEGORY | DESCRIPTION (RCW CITATION) | JUVENILE DISPOSITION CATEGORY FOR ATTEMPT, BAILJUMP, CONSPIRACY, OR SOLICITATION | ||
| . . . . . . . . . . . . | ||||
| Arson and Malicious Mischief | ||||
| A | Arson 1 (9A.48.020) | B+ | ||
| B | Arson 2 (9A.48.030) | C | ||
| C | Reckless Burning 1 (9A.48.040) | D | ||
| D | Reckless Burning 2 (9A.48.050) | E | ||
| B | Malicious Mischief 1 (9A.48.070) | C | ||
| C | Malicious Mischief 2 (9A.48.080) | D | ||
| D | Malicious Mischief 3 (9A.48.090) | E | ||
| E | Tampering with Fire Alarm Apparatus (9.40.100) | E | ||
| E | Tampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105) | E | ||
| A | Possession of Incendiary Device (9.40.120) | B+ | ||
| Assault and Other Crimes Involving Physical Harm | ||||
| A | Assault 1 (9A.36.011) | B+ | ||
| B+ | Assault 2 (9A.36.021) | C+ | ||
| C+ | Assault 3 (9A.36.031) | D+ | ||
| D+ | Assault 4 (9A.36.041) | E | ||
| B+ | Drive-By Shooting (9A.36.045) | C+ | ||
| D+ | Reckless Endangerment (9A.36.050) | E | ||
| C+ | Promoting Suicide Attempt (9A.36.060) | D+ | ||
| D+ | Coercion (9A.36.070) | E | ||
| C+ | Custodial Assault (9A.36.100) | D+ | ||
| Burglary and Trespass | ||||
| B+ | Burglary 1 (9A.52.020) | C+ | ||
| B | Residential Burglary (9A.52.025) | C | ||
| B | Burglary 2 (9A.52.030) | C | ||
| D | Burglary Tools (Possession of) (9A.52.060) | E | ||
| D | Criminal Trespass 1 (9A.52.070) | E | ||
| E | Criminal Trespass 2 (9A.52.080) | E | ||
| C | Mineral Trespass (78.44.330) | C | ||
| C | Vehicle Prowling 1 (9A.52.095) | D | ||
| D | Vehicle Prowling 2 (9A.52.100) | E | ||
| Drugs | ||||
| E | Possession/Consumption of Alcohol (66.44.270) | E | ||
| C | Illegally Obtaining Legend Drug (69.41.020) | D | ||
| C+ | Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a)) | D+ | ||
| E | Possession of Legend Drug (69.41.030(2)(b)) | E | ||
| B+ | Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b)) | B+ | ||
| C | Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c)) | C | ||
| E | Possession of Marihuana <40 grams (69.50.4014) | E | ||
| C | Fraudulently Obtaining Controlled Substance (69.50.403) | C | ||
| C+ | Sale of Controlled Substance for Profit (69.50.410) | C+ | ||
| E | Unlawful Inhalation (9.47A.020) | E | ||
| B | Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b)) | B | ||
| C | Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e)) | C | ||
| C | Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013) | C | ||
| C | Violation of Uniform Controlled Substances
Act - Possession of a Controlled Substance
(69.50.4012) | C | ||
| Firearms and Weapons | ||||
| A- | Unlawful Possession of a Firearm 1 (9.41.040(1)) | B+ | ||
| B+ | Unlawful Possession of a Firearm 2 (9.41.040(2)(a)(i), (ii), or (iv)) | C+ | ||
| B+ | Unlawful Possession of a Firearm 2 (9.41.040(2)(a)(iii)) Second or subsequent offense | C+ | ||
| B | Theft of Firearm (9A.56.300) | C | ||
| B | Possession of Stolen Firearm (9A.56.310) | C | ||
| E | Carrying Loaded Pistol Without Permit (9.41.050) | E | ||
| C | Possession of Firearms by Minor (<18) (9.41.040(2)(a)(iii)) | C | ||
| D+ | Possession of Dangerous Weapon (9.41.250) | E | ||
| D | Intimidating Another Person by use of
Weapon (9.41.270) | E | ||
| Homicide | ||||
| A+ | Murder 1 (9A.32.030) | A | ||
| A+ | Murder 2 (9A.32.050) | B+ | ||
| B+ | Manslaughter 1 (9A.32.060) | C+ | ||
| C+ | Manslaughter 2 (9A.32.070) | D+ | ||
| B+ | Vehicular Homicide (46.61.520) | C+ | ||
| Kidnapping | ||||
| A | Kidnap 1 (9A.40.020) | B+ | ||
| B+ | Kidnap 2 (9A.40.030) | C+ | ||
| C+ | Unlawful Imprisonment (9A.40.040) | D+ | ||
| Obstructing Governmental Operation | ||||
| D | Obstructing a Law Enforcement Officer (9A.76.020) | E | ||
| E | Resisting Arrest (9A.76.040) | E | ||
| B | Introducing Contraband 1 (9A.76.140) | C | ||
| C | Introducing Contraband 2 (9A.76.150) | D | ||
| E | Introducing Contraband 3 (9A.76.160) | E | ||
| B+ | Intimidating a Public Servant (9A.76.180) | C+ | ||
| B+ | Intimidating a Witness (9A.72.110) | C+ | ||
| Public Disturbance | ||||
| C+ | Riot with Weapon (9A.84.010(2)(b)) | D+ | ||
| D+ | Riot Without Weapon (9A.84.010(2)(a)) | E | ||
| E | Failure to Disperse (9A.84.020) | E | ||
| E | Disorderly Conduct (9A.84.030) | E | ||
| Sex Crimes | ||||
| A | Rape 1 (9A.44.040) | B+ | ||
| A- | Rape 2 (9A.44.050) | B+ | ||
| C+ | Rape 3 (9A.44.060) | D+ | ||
| A- | Rape of a Child 1 (9A.44.073) | B+ | ||
| B+ | Rape of a Child 2 (9A.44.076) | C+ | ||
| B | Incest 1 (9A.64.020(1)) | C | ||
| C | Incest 2 (9A.64.020(2)) | D | ||
| D+ | Indecent Exposure (Victim <14) (9A.88.010) | E | ||
| E | Indecent Exposure (Victim 14 or over) (9A.88.010) | E | ||
| B+ | Promoting Prostitution 1 (9A.88.070) | C+ | ||
| C+ | Promoting Prostitution 2 (9A.88.080) | D+ | ||
| E | O & A (Prostitution) (9A.88.030) | E | ||
| B+ | Indecent Liberties (9A.44.100) | C+ | ||
| A- | Child Molestation 1 (9A.44.083) | B+ | ||
| B | Child Molestation 2 (9A.44.086) | C+ | ||
| C | Failure to Register as a Sex Offender
(9A.44.132) | D | ||
| Theft, Robbery, Extortion, and Forgery | ||||
| B | Theft 1 (9A.56.030) | C | ||
| C | Theft 2 (9A.56.040) | D | ||
| D | Theft 3 (9A.56.050) | E | ||
| B | Theft of Livestock 1 and 2 (9A.56.080 and 9A.56.083) | C | ||
| C | Forgery (9A.60.020) | D | ||
| A | Robbery 1 (9A.56.200) | B+ | ||
| B+ | Robbery 2 (9A.56.210) | C+ | ||
| B+ | Extortion 1 (9A.56.120) | C+ | ||
| C+ | Extortion 2 (9A.56.130) | D+ | ||
| C | Identity Theft 1 (9.35.020(2)) | D | ||
| D | Identity Theft 2 (9.35.020(3)) | E | ||
| D | Improperly Obtaining Financial Information (9.35.010) | E | ||
| B | Possession of a Stolen Vehicle (9A.56.068) | C | ||
| B | Possession of Stolen Property 1 (9A.56.150) | C | ||
| C | Possession of Stolen Property 2 (9A.56.160) | D | ||
| D | Possession of Stolen Property 3 (9A.56.170) | E | ||
| B | Taking Motor Vehicle Without Permission 1 (9A.56.070) | C | ||
| C | Taking Motor Vehicle Without Permission 2 (9A.56.075) | D | ||
| B | Theft of a Motor Vehicle (9A.56.065) | C | ||
| Motor Vehicle Related Crimes | ||||
| E | Driving Without a License (46.20.005) | E | ||
| B+ | Hit and Run - Death (46.52.020(4)(a)) | C+ | ||
| C | Hit and Run - Injury (46.52.020(4)(b)) | D | ||
| D | Hit and Run-Attended (46.52.020(5)) | E | ||
| E | Hit and Run-Unattended (46.52.010) | E | ||
| C | Vehicular Assault (46.61.522) | D | ||
| C | Attempting to Elude Pursuing Police Vehicle (46.61.024) | D | ||
| E | Reckless Driving (46.61.500) | E | ||
| D | Driving While Under the Influence (46.61.502 and 46.61.504) | E | ||
| B+ | Felony Driving While Under the Influence (46.61.502(6)) | B | ||
| B+ | Felony Physical Control of a Vehicle While
Under the Influence (46.61.504(6)) | B | ||
| Other | ||||
| B | Animal Cruelty 1 (16.52.205) | C | ||
| B | Bomb Threat (9.61.160) | C | ||
| C | Escape 11 (9A.76.110) | C | ||
| C | Escape 21 (9A.76.120) | C | ||
| D | Escape 3 (9A.76.130) | E | ||
| E | Obscene, Harassing, Etc., Phone Calls (9.61.230) | E | ||
| A | Other Offense Equivalent to an Adult Class A Felony | B+ | ||
| B | Other Offense Equivalent to an Adult Class B Felony | C | ||
| C | Other Offense Equivalent to an Adult Class C Felony | D | ||
| D | Other Offense Equivalent to an Adult Gross Misdemeanor | E | ||
| E | Other Offense Equivalent to an Adult Misdemeanor | E | ||
| V | Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2 | V | ||
| OPTION A JUVENILE OFFENDER SENTENCING GRID STANDARD RANGE | ||||||
| A+ | 180 weeks to age 21 for all category A+ offenses | |||||
| A | 103-129 weeks for all category A offenses | |||||
| A- | 15-36 weeks Except 30-40 weeks for 15 to 17 year olds | 52-65 weeks | 80-100 weeks | 103-129 weeks | 103-129 weeks | |
| CURRENT | B+ | 15-36 weeks | 15-36 weeks | 52-65 weeks | 80-100 weeks | 103-129 weeks |
| OFFENSE | B | LS | LS | 15-36 weeks | 15-36 weeks | 52-65 weeks |
| CATEGORY | C+ | LS | LS | LS | 15-36 weeks | 15-36 weeks |
| C | LS | LS | LS | LS | 15-36 weeks | |
| D+ | LS | LS | LS | LS | LS | |
| D | LS | LS | LS | LS | LS | |
| E | LS | LS | LS | LS | LS | |
| PRIOR ADJUDICATIONS | 0 | 1 | 2 | 3 | 4 or more | |
Sec. 2 RCW 13.40.127 and 2012 c 177 s 1 are each amended to read
as follows:
(1) A juvenile is eligible for deferred disposition unless he or
she:
(a) Is charged with a sex or violent offense;
(b) Is charged with unlawful possession of a firearm in the second
degree, theft of a firearm, or possession of a stolen firearm;
(c) Has a criminal history which includes any felony;
(((c))) (d) Has a prior deferred disposition or deferred
adjudication; or
(((d))) (e) Has two or more adjudications.
(2) The juvenile court may, upon motion at least fourteen days
before commencement of trial and, after consulting the juvenile's
custodial parent or parents or guardian and with the consent of the
juvenile, continue the case for disposition for a period not to exceed
one year from the date the juvenile is found guilty. The court shall
consider whether the offender and the community will benefit from a
deferred disposition before deferring the disposition. The court may
waive the fourteen-day period anytime before the commencement of trial
for good cause.
(3) Any juvenile who agrees to a deferral of disposition shall:
(a) Stipulate to the admissibility of the facts contained in the
written police report;
(b) Acknowledge that the report will be entered and used to support
a finding of guilt and to impose a disposition if the juvenile fails to
comply with terms of supervision;
(c) Waive the following rights to: (i) A speedy disposition; and
(ii) call and confront witnesses; and
(d) Acknowledge the direct consequences of being found guilty and
the direct consequences that will happen if an order of disposition is
entered.
The adjudicatory hearing shall be limited to a reading of the
court's record.
(4) Following the stipulation, acknowledgment, waiver, and entry of
a finding or plea of guilt, the court shall defer entry of an order of
disposition of the juvenile.
(5) Any juvenile granted a deferral of disposition under this
section shall be placed under community supervision. The court may
impose any conditions of supervision that it deems appropriate
including posting a probation bond. Payment of restitution under RCW
13.40.190 shall be a condition of community supervision under this
section.
The court may require a juvenile offender convicted of animal
cruelty in the first degree to submit to a mental health evaluation to
determine if the offender would benefit from treatment and such
intervention would promote the safety of the community. After
consideration of the results of the evaluation, as a condition of
community supervision, the court may order the offender to attend
treatment to address issues pertinent to the offense.
(6) A parent who signed for a probation bond has the right to
notify the counselor if the juvenile fails to comply with the bond or
conditions of supervision. The counselor shall notify the court and
surety of any failure to comply. A surety shall notify the court of
the juvenile's failure to comply with the probation bond. The state
shall bear the burden to prove, by a preponderance of the evidence,
that the juvenile has failed to comply with the terms of community
supervision.
(7)(a) Anytime prior to the conclusion of the period of
supervision, the prosecutor or the juvenile's juvenile court community
supervision counselor may file a motion with the court requesting the
court revoke the deferred disposition based on the juvenile's lack of
compliance or treat the juvenile's lack of compliance as a violation
pursuant to RCW 13.40.200.
(b) If the court finds the juvenile failed to comply with the terms
of the deferred disposition, the court may:
(i) Revoke the deferred disposition and enter an order of
disposition; or
(ii) Impose sanctions for the violation pursuant to RCW 13.40.200.
(8) At any time following deferral of disposition the court may,
following a hearing, continue supervision for an additional one-year
period for good cause.
(9)(a) At the conclusion of the period of supervision, the court
shall determine whether the juvenile is entitled to dismissal of the
deferred disposition only when the court finds:
(i) The deferred disposition has not been previously revoked;
(ii) The juvenile has completed the terms of supervision;
(iii) There are no pending motions concerning lack of compliance
pursuant to subsection (7) of this section; and
(iv) The juvenile has either paid the full amount of restitution,
or, made a good faith effort to pay the full amount of restitution
during the period of supervision.
(b) If the court finds the juvenile is entitled to dismissal of the
deferred disposition pursuant to (a) of this subsection, the juvenile's
conviction shall be vacated and the court shall dismiss the case with
prejudice, except that a conviction under RCW 16.52.205 shall not be
vacated. Whenever a case is dismissed with restitution still owing,
the court shall enter a restitution order pursuant to RCW 13.40.190 for
any unpaid restitution. Jurisdiction to enforce payment and modify
terms of the restitution order shall be the same as those set forth in
RCW 13.40.190.
(c) If the court finds the juvenile is not entitled to dismissal of
the deferred disposition pursuant to (a) of this subsection, the court
shall revoke the deferred disposition and enter an order of
disposition. A deferred disposition shall remain a conviction unless
the case is dismissed and the conviction is vacated pursuant to (b) of
this subsection or sealed pursuant to RCW 13.50.050.
(10)(a)(i) Any time the court vacates a conviction pursuant to
subsection (9) of this section, if the juvenile is eighteen years of
age or older and the full amount of restitution ordered has been paid,
the court shall enter a written order sealing the case.
(ii) Any time the court vacates a conviction pursuant to subsection
(9) of this section, if the juvenile is not eighteen years of age or
older and full restitution ordered has been paid, the court shall
schedule an administrative sealing hearing to take place no later than
thirty days after the respondent's eighteenth birthday, at which time
the court shall enter a written order sealing the case. The
respondent's presence at the administrative sealing hearing is not
required.
(iii) Any deferred disposition vacated prior to June 7, 2012, is
not subject to sealing under this subsection.
(b) Nothing in this subsection shall preclude a juvenile from
petitioning the court to have the records of his or her deferred
dispositions sealed under RCW 13.50.050 (11) and (12).
(c) Records sealed under this provision shall have the same legal
status as records sealed under RCW 13.50.050.
Sec. 3 RCW 13.40.193 and 2003 c 53 s 100 are each amended to read
as follows:
(1) If a respondent is found to have been in possession of a
firearm in violation of RCW 9.41.040(((2)(a)(iii), the court shall
impose a minimum disposition of ten days of confinement. If)), and the
offender's standard range of disposition for the offense as indicated
in RCW 13.40.0357 is more than thirty days of confinement, the court
shall commit the offender to the department for the standard range
disposition. ((The offender shall not be released until the offender
has served a minimum of ten days in confinement.)) However, if a
respondent is found to have been in possession of a firearm in
violation of RCW 9.41.040(2)(a)(iii) and the offender's standard range
of disposition for the offense as indicated in RCW 13.40.0357 is less
than thirty days of confinement, the court shall impose a minimum
disposition of ten days of confinement.
(2) If the court finds that the respondent or an accomplice was
armed with a firearm, the court shall determine the standard range
disposition for the offense pursuant to RCW 13.40.160. If the offender
or an accomplice was armed with a firearm when the offender committed
any felony other than possession of a machine gun, possession of a
stolen firearm, drive-by shooting, theft of a firearm, unlawful
possession of a firearm in the first and second degree, or use of a
machine gun in a felony, the following periods of total confinement
must be added to the sentence: For a class A felony, six months; for
a class B felony, four months; and for a class C felony, two months.
The additional time shall be imposed regardless of the offense's
juvenile disposition offense category as designated in RCW 13.40.0357.
(3) ((When a disposition under this section would effectuate a
manifest injustice, the court may impose another disposition. When a
judge finds a manifest injustice and imposes a disposition of
confinement exceeding thirty days, the court shall commit the juvenile
to a maximum term, and the provisions of RCW 13.40.030(2) shall be used
to determine the range. When a judge finds a manifest injustice and
imposes a disposition of confinement less than thirty days, the
disposition shall be comprised of confinement or community supervision
or both.)) Any term of confinement ordered pursuant to this section
shall run consecutively to any term of confinement imposed in the same
disposition for other offenses.
(4)
Sec. 4 RCW 13.40.160 and 2011 c 338 s 2 are each amended to read
as follows:
(1) The standard range disposition for a juvenile adjudicated of an
offense is determined according to RCW 13.40.0357.
(a) When the court sentences an offender to a local sanction as
provided in RCW 13.40.0357 option A, the court shall impose a
determinate disposition within the standard ranges, except as provided
in subsection (2), (3), (4), (5), or (6) of this section. The
disposition may be comprised of one or more local sanctions.
(b) When the court sentences an offender to a standard range as
provided in RCW 13.40.0357 option A that includes a term of confinement
exceeding thirty days, commitment shall be to the department for the
standard range of confinement, except as provided in subsection (2),
(3), (4), (5), or (6) of this section.
(2) If the court concludes, and enters reasons for its conclusion,
that disposition within the standard range would effectuate a manifest
injustice the court shall impose a disposition outside the standard
range, as indicated in option D of RCW 13.40.0357. The court's finding
of manifest injustice shall be supported by clear and convincing
evidence.
A disposition outside the standard range shall be determinate and
shall be comprised of confinement or community supervision, or a
combination thereof. When a judge finds a manifest injustice and
imposes a sentence of confinement exceeding thirty days, the court
shall sentence the juvenile to a maximum term, and the provisions of
RCW 13.40.030(2) shall be used to determine the range. A disposition
outside the standard range is appealable under RCW 13.40.230 by the
state or the respondent. A disposition within the standard range is
not appealable under RCW 13.40.230.
(3) If a juvenile offender is found to have committed a sex
offense, other than a sex offense that is also a serious violent
offense as defined by RCW 9.94A.030, and has no history of a prior sex
offense, the court may impose the special sex offender disposition
alternative under RCW 13.40.162.
(4) If the juvenile offender is subject to a standard range
disposition of local sanctions or 15 to 36 weeks of confinement and has
not committed an A- or B+ offense, the court may impose the disposition
alternative under RCW 13.40.165.
(5) If a juvenile is subject to a commitment of 15 to 65 weeks of
confinement, the court may impose the disposition alternative under RCW
13.40.167.
(6) When the offender is subject to a standard range commitment of
15 to 36 weeks and is ineligible for a suspended disposition
alternative, a manifest injustice disposition below the standard range,
special sex offender disposition alternative, chemical dependency
disposition alternative, or mental health disposition alternative, the
court in a county with a pilot program under RCW 13.40.169 may impose
the disposition alternative under RCW 13.40.169.
(7) RCW 13.40.193 shall govern the disposition of any juvenile
adjudicated of possessing a firearm in violation of RCW
9.41.040(((2)(a)(iii))) or any crime in which a special finding is
entered that the juvenile was armed with a firearm.
(8) RCW 13.40.308 shall govern the disposition of any juvenile
adjudicated of theft of a motor vehicle as defined under RCW 9A.56.065,
possession of a stolen motor vehicle as defined under RCW 9A.56.068,
taking a motor vehicle without permission in the first degree under RCW
9A.56.070, and taking a motor vehicle without permission in the second
degree under RCW 9A.56.075.
(9) Whenever a juvenile offender is entitled to credit for time
spent in detention prior to a dispositional order, the dispositional
order shall specifically state the number of days of credit for time
served.
(10) Except as provided under subsection (3), (4), (5), or (6) of
this section, or option B of RCW 13.40.0357, or RCW 13.40.127, the
court shall not suspend or defer the imposition or the execution of the
disposition.
(11) In no case shall the term of confinement imposed by the court
at disposition exceed that to which an adult could be subjected for the
same offense.