On page 16, line 1, after "(3)" insert "The sentencing court may not grant the motion if it finds that a current or past conviction for a most serious offense under RCW 9.94A.030(33) (a), (b), (c), (d), (g), (j), (n), or (o) was used as a basis for a finding that the offender was a persistent offender.

(4)"

EFFECT: Prohibits the court from granting a motion for relief from sentence under this section if a current or past conviction for a class A felony, assault in the second degree, assault of a child in the second degree, child molestation in the second degree, incest when committed against a child under the age of fourteen, leading organized crime, rape in the third degree, or sexual exploitation was used as a basis for finding that the offender was a persistent offender.