2213 AMH GOOD H3268.1
HB 2213 - H AMD 1059
By Representative Goodman
WITHDRAWN 02/13/2024
Strike everything after the enacting clause and insert the following:
Sec. 1. "RCW 10.95.030 and 2023 c 102 s 23 and 2023 c 102 s 20 are each reenacted and amended to read as follows:
(1) Except as provided in subsection (2) of this section, any person convicted of the crime of aggravated first degree murder shall be sentenced to life imprisonment without possibility of release or parole. A person sentenced to life imprisonment under this section shall not have that sentence suspended, deferred, or commuted by any judicial officer and the indeterminate sentence review board or its successor may not parole such prisoner nor reduce the period of confinement in any manner whatsoever including but not limited to any sort of good-time calculation. The department of social and health services or its successor or any executive official may not permit such prisoner to participate in any sort of release or furlough program.
(2)(a)(i) Any person convicted of the crime of aggravated first degree murder for an offense committed prior to the person's ((sixteenth))16th birthday shall be sentenced to a maximum term of life imprisonment and a minimum term of total confinement of ((twenty-five))25 years.
(ii) Any person convicted of the crime of aggravated first degree murder for an offense committed when the person is at least ((sixteen))16 years old but less than ((eighteen))18 years old shall be sentenced to a maximum term of life imprisonment and a minimum term of total confinement of no less than ((twenty-five))25 years.
(iii) Any person convicted of the crime of aggravated first degree murder for an offense committed when the person is at least 18 years old but less than 21 years old shall be sentenced to a maximum term of life imprisonment and a minimum term of total confinement of no less than 25 years if the court determines that the mitigating factors that account for the diminished culpability of youth, as described in (b) of this subsection, apply to the current offense. If the court determines that such mitigating factors do not apply, the person shall be sentenced to life imprisonment without possibility of release or parole.
(b) In setting a minimum term, the court must take into account mitigating factors that account for the diminished culpability of youth as provided in Miller v. Alabama, 132 S.Ct. 2455 (2012) including, but not limited to, the age of the individual, the youth's childhood and life experience, the degree of responsibility the youth was capable of exercising, and the youth's chances of becoming rehabilitated.
(c) A person sentenced under this subsection shall serve the sentence in a facility or institution operated, or utilized under contract, by the state. During the minimum term of total confinement, the person shall not be eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release authorized under RCW 9.94A.728, or any other form of authorized leave or absence from the correctional facility while not in the direct custody of a corrections officer. The provisions of this subsection shall not apply: (i) In the case of an offender in need of emergency medical treatment; or (ii) for an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c).
(d) Any person sentenced pursuant to this subsection shall be subject to community custody under the supervision of the department of corrections and the authority of the indeterminate sentence review board. As part of any sentence under this subsection, the court shall require the person to comply with any conditions imposed by the board.
(e) No later than five years prior to the expiration of the person's minimum term, the department of corrections shall conduct an assessment of the offender and identify programming and services that would be appropriate to prepare the offender for return to the community. To the extent possible, the department shall make programming available as identified by the assessment.
(f) No later than ((one hundred eighty))180 days prior to the expiration of the person's minimum term, the department of corrections shall conduct, and the offender shall participate in, an examination of the person, incorporating methodologies that are recognized by experts in the prediction of dangerousness, and including a prediction of the probability that the person will engage in future criminal behavior if released on conditions to be set by the board. The board may consider a person's failure to participate in an evaluation under this subsection in determining whether to release the person. The board shall order the person released, under such affirmative and other conditions as the board determines appropriate, unless the board determines by a preponderance of the evidence that, despite such conditions, it is more likely than not that the person will commit new criminal law violations if released. If the board does not order the person released, the board shall set a new minimum term not to exceed five additional years. The board shall give public safety considerations the highest priority when making all discretionary decisions regarding the ability for release and conditions of release.
(g) In a hearing conducted under (f) of this subsection, the board shall provide opportunities for victims and survivors of victims of any crimes for which the offender has been convicted to present statements as set forth in RCW 7.69.032. The procedures for victim and survivor of victim input shall be provided by rule. To facilitate victim and survivor of victim involvement, county prosecutor's offices shall ensure that any victim impact statements and known contact information for victims of record and survivors of victims are forwarded as part of the judgment and sentence.
(h) An offender released by the board is subject to the supervision of the department of corrections for a period of time to be determined by the board. The department shall monitor the offender's compliance with conditions of community custody imposed by the court or board and promptly report any violations to the board. Any violation of conditions of community custody established or modified by the board are subject to the provisions of RCW 9.95.425 through 9.95.440.
(i) An offender released or discharged under this section may be returned to the institution at the discretion of the board if the offender is found to have violated a condition of community custody. The offender is entitled to a hearing pursuant to RCW 9.95.435. The board shall set a new minimum term of incarceration not to exceed five years.
Sec. 2. RCW 9.94A.510 and 2014 c 130 s 1 are each amended to read as follows:
TABLE 1
Sentencing Grid
SERIOUSNESS
LEVEL
OFFENDER SCORE
 
0
1
2
3
4
5
6
7
8
9 or
more
XVI
((Life sentence without parole/death penalty for offenders at or over the age of eighteen. For offenders under the age of eighteen, a term of twenty-five years to life))Sentence established by RCW 10.95.030.
XV
23y4m
24y4m
25y4m
26y4m
27y4m
28y4m
30y4m
32y10m
36y
40y
 
240-
250-
261-
271-
281-
291-
312-
338-
370-
411-
 
320
333
347
361
374
388
416
450
493
548
XIV
14y4m
15y4m
16y2m
17y
17y11m
18y9m
20y5m
22y2m
25y7m
29y
 
123-
134-
144-
154-
165-
175-
195-
216-
257-
298-
 
220
234
244
254
265
275
295
316
357
397
XIII
12y
13y
14y
15y
16y
17y
19y
21y
25y
29y
 
123-
134-
144-
154-
165-
175-
195-
216-
257-
298-
 
164
178
192
205
219
233
260
288
342
397
XII
9y
9y11m
10y9m
11y8m
12y6m
13y5m
15y9m
17y3m
20y3m
23y3m
 
93-
102-
111-
120-
129-
138-
162-
178-
209-
240-
 
123
136
147
160
171
184
216
236
277
318
XI
7y6m
8y4m
9y2m
9y11m
10y9m
11y7m
14y2m
15y5m
17y11m
20y5m
 
78-
86-
95-
102-
111-
120-
146-
159-
185-
210-
 
102
114
125
136
147
158
194
211
245
280
X
5y
5y6m
6y
6y6m
7y
7y6m
9y6m
10y6m
12y6m
14y6m
 
51-
57-
62-
67-
72-
77-
98-
108-
129-
149-
 
68
75
82
89
96
102
130
144
171
198
IX
3y
3y6m
4y
4y6m
5y
5y6m
7y6m
8y6m
10y6m
12y6m
 
31-
36-
41-
46-
51-
57-
77-
87-
108-
129-
 
41
48
54
61
68
75
102
116
144
171
VIII
2y
2y6m
3y
3y6m
4y
4y6m
6y6m
7y6m
8y6m
10y6m
 
21-
26-
31-
36-
41-
46-
67-
77-
87-
108-
 
27
34
41
48
54
61
89
102
116
144
VII
18m
2y
2y6m
3y
3y6m
4y
5y6m
6y6m
7y6m
8y6m
 
15-
21-
26-
31-
36-
41-
57-
67-
77-
87-
 
20
27
34
41
48
54
75
89
102
116
VI
13m
18m
2y
2y6m
3y
3y6m
4y6m
5y6m
6y6m
7y6m
 
12+-
15-
21-
26-
31-
36-
46-
57-
67-
77-
 
14
20
27
34
41
48
61
75
89
102
V
9m
13m
15m
18m
2y2m
3y2m
4y
5y
6y
7y
 
6-
12+-
13-
15-
22-
33-
41-
51-
62-
72-
 
12
14
17
20
29
43
54
68
82
96
IV
6m
9m
13m
15m
18m
2y2m
3y2m
4y2m
5y2m
6y2m
 
3-
6-
12+-
13-
15-
22-
33-
43-
53-
63-
 
9
12
14
17
20
29
43
57
70
84
III
2m
5m
8m
11m
14m
20m
2y2m
3y2m
4y2m
5y
 
1-
3-
4-
9-
12+-
17-
22-
33-
43-
51-
 
3
8
12
12
16
22
29
43
57
68
II
 
4m
6m
8m
13m
16m
20m
2y2m
3y2m
4y2m
 
0-90
2-
3-
4-
12+-
14-
17-
22-
33-
43-
 
Days
6
9
12
14
18
22
29
43
57
I
 
 
3m
4m
5m
8m
13m
16m
20m
2y2m
 
0-60
0-90
2-
2-
3-
4-
12+-
14-
17-
22-
 
Days
Days
5
6
8
12
14
18
22
29
Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent standard sentence ranges in months, or in days if so designated. 12+ equals one year and one day.
Sec. 3. RCW 9.94A.540 and 2014 c 130 s 2 are each amended to read as follows:
(1) Except to the extent provided in subsection (3) of this section, the following minimum terms of total confinement are mandatory and shall not be varied or modified under RCW 9.94A.535:
(a) An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than ((twenty))20 years.
(b) An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years.
(c) An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years.
(d) An offender convicted of the crime of sexually violent predator escape shall be sentenced to a minimum term of total confinement not less than ((sixty))60 months.
(e) An offender convicted of the crime of aggravated first degree murder for a murder that was committed prior to the offender's ((eighteenth))21st birthday shall be sentenced to a term of total confinement ((not less than twenty-five years))that is consistent with RCW 10.95.030.
(2) During such minimum terms of total confinement, no offender subject to the provisions of this section is eligible for community custody, earned release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release authorized under RCW 9.94A.728, or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer. The provisions of this subsection shall not apply: (a) In the case of an offender in need of emergency medical treatment; (b) for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree; or (c) for an extraordinary medical placement when authorized under RCW 9.94A.728(((3)))(1)(c).
(3)(a) Subsection (1)(a) through (d) of this section shall not be applied in sentencing of juveniles tried as adults pursuant to RCW 13.04.030(1)(e)(i).
(b) This subsection (3) applies only to crimes committed on or after July 24, 2005.
Sec. 4. RCW 9.94A.6332 and 2021 c 242 s 5 are each amended to read as follows:
The procedure for imposing sanctions for violations of sentence conditions or requirements is as follows:
(1) If the offender was sentenced under the drug offender sentencing alternative, any sanctions shall be imposed by the department or the court pursuant to RCW 9.94A.660.
(2) If the offender was sentenced under the special sex offender sentencing alternative, any sanctions shall be imposed by the department or the court pursuant to RCW 9.94A.670.
(3) If the offender was sentenced under the parenting sentencing alternative, any sanctions shall be imposed by the department or by the court pursuant to RCW 9.94A.655.
(4) If the offender was sentenced under the mental health sentencing alternative, any sanctions shall be imposed by the department or the court pursuant to RCW 9.94A.695.
(5) If a sex offender was sentenced pursuant to RCW 9.94A.507, any sanctions shall be imposed by the board pursuant to RCW 9.95.435.
(6) If the offender was released pursuant to RCW 9.94A.730, any sanctions shall be imposed by the board pursuant to RCW 9.95.435.
(7) If the offender was sentenced pursuant to RCW 10.95.030(((3)))(2), section 6 of this act, or 10.95.035, any sanctions shall be imposed by the board pursuant to RCW 9.95.435.
(8) In any other case, if the offender is being supervised by the department, any sanctions shall be imposed by the department pursuant to RCW 9.94A.737. If a probationer is being supervised by the department pursuant to RCW 9.92.060, 9.95.204, or 9.95.210, upon receipt of a violation hearing report from the department, the court retains any authority that those statutes provide to respond to a probationer's violation of conditions.
(9) If the offender is not being supervised by the department, any sanctions shall be imposed by the court pursuant to RCW 9.94A.6333.
Sec. 5. RCW 9.94A.729 and 2022 c 29 s 1 are each amended to read as follows:
(1)(a) The term of the sentence of an offender committed to a correctional facility operated by the department may be reduced by earned release time in accordance with procedures that shall be developed and adopted by the correctional agency having jurisdiction in which the offender is confined. The earned release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the offender with earned release credits in advance of the offender actually earning the credits.
(b) Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a county jail to the department, the administrator of a county jail facility shall certify to the department the amount of time spent in custody at the facility and the number of days of early release credits lost or not earned. The department may approve a jail certification from a correctional agency that calculates early release time based on the actual amount of confinement time served by the offender before sentencing when an erroneous calculation of confinement time served by the offender before sentencing appears on the judgment and sentence. The department must adjust an offender's rate of early release listed on the jail certification to be consistent with the rate applicable to offenders in the department's facilities. However, the department is not authorized to adjust the number of presentence early release days that the jail has certified as lost or not earned.
(2)(a) An offender who has been convicted of a felony committed after July 23, 1995, that involves any applicable deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both, shall not receive any good time credits or earned release time for that portion of his or her sentence that results from any deadly weapon enhancements.
(b) An offender whose sentence includes any impaired driving enhancements under RCW 9.94A.533(7), minor child enhancements under RCW 9.94A.533(13), or both, shall not receive any good time credits or earned release time for any portion of his or her sentence that results from those enhancements.
(3) An offender may earn early release time as follows:
(a) In the case of an offender sentenced pursuant to RCW 10.95.030(((3)))(2), section 6 of this act, or 10.95.035, the offender may not receive any earned early release time during the minimum term of confinement imposed by the court; for any remaining portion of the sentence served by the offender, the aggregate earned release time may not exceed 10 percent of the sentence.
(b) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 1990, and before July 1, 2003, the aggregate earned release time may not exceed 15 percent of the sentence.
(c) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 2003, the aggregate earned release time may not exceed 10 percent of the sentence.
(d) An offender is qualified to earn up to 50 percent of aggregate earned release time if he or she:
(i) Is not classified as an offender who is at a high risk to reoffend as provided in subsection (4) of this section;
(ii) Is not confined pursuant to a sentence for:
(A) A sex offense;
(B) A violent offense;
(C) A crime against persons as defined in RCW 9.94A.411;
(D) A felony that is domestic violence as defined in RCW 10.99.020;
(E) A violation of RCW 9A.52.025 (residential burglary);
(F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
(G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
(iii) Has no prior conviction for the offenses listed in (d)(ii) of this subsection;
(iv) Participates in programming or activities as directed by the offender's individual reentry plan as provided under RCW 72.09.270 to the extent that such programming or activities are made available by the department; and
(v) Has not committed a new felony after July 22, 2007, while under community custody.
(e) In no other case shall the aggregate earned release time exceed one-third of the total sentence.
(4) The department shall perform a risk assessment of each offender who may qualify for earned early release under subsection (3)(d) of this section utilizing the risk assessment tool recommended by the Washington state institute for public policy. Subsection (3)(d) of this section does not apply to offenders convicted after July 1, 2010.
(5)(a) A person who is eligible for earned early release as provided in this section and who will be supervised by the department pursuant to RCW 9.94A.501 or 9.94A.5011, shall be transferred to community custody in lieu of earned release time;
(b) The department shall, as a part of its program for release to the community in lieu of earned release, require the offender to propose a release plan that includes an approved residence and living arrangement. All offenders with community custody terms eligible for release to community custody in lieu of earned release shall provide an approved residence and living arrangement prior to release to the community;
(c) The department may deny transfer to community custody in lieu of earned release time if the department determines an offender's release plan, including proposed residence location and living arrangements, may violate the conditions of the sentence or conditions of supervision, place the offender at risk to violate the conditions of the sentence, place the offender at risk to reoffend, or present a risk to victim safety or community safety. The department's authority under this section is independent of any court-ordered condition of sentence or statutory provision regarding conditions for community custody;
(d) If the department is unable to approve the offender's release plan, the department may do one or more of the following:
(i) Transfer an offender to partial confinement in lieu of earned early release for a period not to exceed three months. The three months in partial confinement is in addition to that portion of the offender's term of confinement that may be served in partial confinement as provided in RCW 9.94A.728(1)(e);
(ii) Provide rental vouchers to the offender for a period not to exceed six months if rental assistance will result in an approved release plan.
A voucher must be provided in conjunction with additional transition support programming or services that enable an offender to participate in services including, but not limited to, substance abuse treatment, mental health treatment, sex offender treatment, educational programming, or employment programming;
(e) The department shall maintain a list of housing providers that meets the requirements of RCW 72.09.285. If more than two voucher recipients will be residing per dwelling unit, as defined in RCW 59.18.030, rental vouchers for those recipients may only be paid to a housing provider on the department's list;
(f) For each offender who is the recipient of a rental voucher, the department shall gather data as recommended by the Washington state institute for public policy in order to best demonstrate whether rental vouchers are effective in reducing recidivism.
(6) An offender serving a term of confinement imposed under RCW 9.94A.670(5)(a) is not eligible for earned release credits under this section.
NEW SECTION.  Sec. 6. A new section is added to chapter 10.95 RCW to read as follows:
(1) A person, who was sentenced prior to May 1, 2024, under this chapter or any prior law, to a term of life without the possibility of parole for an offense committed when the person is at least 18 years old but less than 21 years old, shall be returned to the sentencing court or the sentencing court's successor for sentencing consistent with RCW 10.95.030. Release and supervision of a person who receives a minimum term of less than life will be governed by RCW 10.95.030.
(2) The court shall provide an opportunity for victims and survivors of victims of any crimes for which the offender has been convicted to present a statement personally or by representation.
(3) The court's order setting a minimum term is subject to review to the same extent as a minimum term decision by the parole board before July 1, 1986.
(4) A resentencing under this section shall not reopen the defendant's conviction to challenges that would otherwise be barred by RCW 10.73.090, 10.73.100, 10.73.140, or other procedural barriers.
NEW SECTION.  Sec. 7. A new section is added to chapter 10.95 RCW to read as follows:
RCW 10.95.030, 9.94A.510, 9.94A.540, 9.94A.6332, and 9.94A.729 and section 6 of this act apply to all sentencing hearings conducted on or after May 1, 2024, regardless of the date of an offender's underlying offense.
Sec. 8. RCW 10.116.030 and 2021 c 320 s 4 are each amended to read as follows:
(1) A law enforcement agency may not use or authorize its peace officers or other employees to use tear gas unless necessary to alleviate a present risk of serious harm posed by a: (a) Riot; (b) barricaded subject; or (c) hostage situation.
(2) Prior to using tear gas as authorized under subsection (1) of this section, the officer or employee shall:
(a) Exhaust alternatives to the use of tear gas that are available and appropriate under the circumstances;
(b) Obtain authorization to use tear gas from a supervising officer, who must determine whether the present circumstances warrant the use of tear gas and whether available and appropriate alternatives have been exhausted as provided under this section;
(c) Announce to the subject or subjects the intent to use tear gas; and
(d) Allow sufficient time and space for the subject or subjects to comply with the officer's or employee's directives.
(3) In the case of a riot outside of a correctional, jail, or detention facility, the officer or employee may use tear gas only after: (a) Receiving authorization from the highest elected official of the jurisdiction in which the tear gas is to be used, and (b) meeting the requirements of subsection (2) of this section.
(4) For the purposes of this section:
(a) "Barricaded subject" means an individual who is the focus of a law enforcement intervention effort, has taken a position in a physical location that does not allow immediate law enforcement access, and is refusing law enforcement orders to exit.
(b) "Highest elected official" means the county executive in those charter counties with an elective office of county executive, however designated, and in the case of other counties, the ((chair of the county legislative authority))county sheriff. In the case of cities and towns, it means the mayor, regardless of whether the mayor is directly elected, selected by the council or legislative body pursuant to RCW 35.18.190 or 35A.13.030, or selected according to a process in an established city charter. In the case of actions by the Washington state patrol, it means the governor.
(c) "Hostage situation" means a scenario in which a person is being held against his or her will by an armed, potentially armed, or otherwise dangerous suspect.
(d) "Tear gas" means chloroacetophenone (CN), O-chlorobenzylidene malononitrile (CS), and any similar chemical irritant dispersed in the air for the purpose of producing temporary physical discomfort or permanent injury, except "tear gas" does not include oleoresin capsicum (OC).
Sec. 9. RCW 13.04.030 and 2022 c 243 s 2 are each amended to read as follows:
(1) Except as provided in this section, the juvenile courts in this state shall have exclusive original jurisdiction over all proceedings:
(a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;
(b) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.161;
(c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210;
(d) To approve or disapprove out-of-home placement as provided in RCW 13.32A.170;
(e) Relating to juveniles alleged or found to have committed offenses, traffic or civil infractions, or violations as provided in RCW 13.40.020 through 13.40.230, unless:
(i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110;
(ii) The statute of limitations applicable to adult prosecution for the offense, traffic or civil infraction, or violation has expired;
(iii) The alleged offense or infraction is a traffic, fish, boating, or game offense, or traffic or civil infraction committed by a juvenile ((sixteen))16 years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction, and no guardian ad litem is required in any such proceeding due to the juvenile's age. If such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters. The jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110 (1) or (2) or (e)(i) of this subsection. Courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060;
(iv) The alleged offense is a traffic or civil infraction, a violation of compulsory school attendance provisions under chapter 28A.225 RCW, or a misdemeanor, and a court of limited jurisdiction has assumed concurrent jurisdiction over those offenses as provided in RCW 13.04.0301; or
(v) The juvenile is ((sixteen))16 or ((seventeen))17 years old on the date the alleged offense is committed and the alleged offense is:
(A) A serious violent offense as defined in RCW 9.94A.030;
(B) A violent offense as defined in RCW 9.94A.030 and the juvenile has a criminal history consisting of: One or more prior serious violent offenses; two or more prior violent offenses; or three or more of any combination of the following offenses: Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's ((thirteenth))13th birthday and prosecuted separately; or
(C) Rape of a child in the first degree.
(I) In such a case the adult criminal court shall have exclusive original jurisdiction, except as provided in (e)(v)(C)(II) and (III) of this subsection.
(II) The juvenile court shall have exclusive jurisdiction over the disposition of any remaining charges in any case in which the juvenile is found not guilty in the adult criminal court of the charge or charges for which he or she was transferred, or is convicted in the adult criminal court of an offense that is not also an offense listed in (e)(v) of this subsection. The juvenile court shall maintain residual juvenile court jurisdiction up to age ((twenty-five))25 if the juvenile has turned ((eighteen))18 years of age during the adult criminal court proceedings but only for the purpose of returning a case to juvenile court for disposition pursuant to RCW 13.40.300(3)(d).
(III) The prosecutor and respondent may agree to juvenile court jurisdiction and waive application of exclusive adult criminal jurisdiction in (e)(v)(A) through (C) of this subsection and remove the proceeding back to juvenile court with the court's approval.
If the juvenile challenges the state's determination of the juvenile's criminal history under (e)(v) of this subsection, the state may establish the offender's criminal history by a preponderance of the evidence. If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;
(f) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;
(g) Relating to termination of a diversion agreement under RCW 13.40.080, including a proceeding in which the divertee has attained ((eighteen))18 years of age;
(h) Relating to court validation of a voluntary consent to an out-of-home placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction; and
(i) Relating to petitions to compel disclosure of information filed by the department of social and health services pursuant to RCW 74.13.042.
(2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.
(3) The juvenile court shall have concurrent original jurisdiction with the family or probate court over minor guardianship proceedings under chapter 11.130 RCW and parenting plans or residential schedules under chapter 26.09, 26.26A, or 26.26B RCW as provided for in RCW 13.34.155.
(4) A juvenile subject to adult superior court jurisdiction under subsection (1)(e)(i) through (v) of this section, who is detained pending trial, may be detained in a detention facility as defined in RCW 13.40.020 pending sentencing or a dismissal.
(5) Nothing in subsection (1) of this section deprives the superior courts in this state of original jurisdiction granted by the Constitution or by other laws.
Sec. 10. RCW 21.20.380 and 2002 c 65 s 7 are each amended to read as follows:
(1) For the purpose of any investigation or proceeding under this chapter, the director or any officer designated by the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry.
(2) If the activities constituting an alleged violation for which the information is sought would be a violation of this chapter had the activities occurred in this state, the director may issue and apply to enforce subpoenas in this state at the request of a securities agency or administrator of another state.
(3) A subpoena issued to a financial institution under this section may, if the director finds it necessary or appropriate in the public interest or for the protection of investors, include a directive that the financial institution subpoenaed shall not disclose to third parties that are not affiliated with the financial institution, other than to the institution's legal counsel, the existence or content of the subpoena.
(4) In case of disobedience on the part of any person to comply with any subpoena lawfully issued by the director, the refusal of any witness to testify to any matters regarding which the witness may be lawfully interrogated, or the failure to comply with a nondisclosure directive under subsection (3) of this section, a court of competent jurisdiction of any county or the judge thereof, on application of the director, and after satisfactory evidence of willful disobedience, may compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such a court on a refusal to testify therein.
(5) Nothing in this section authorizes the director or officers designated by the director to compel the production of customer banking records.
Sec. 11. RCW 29A.80.061 and 2004 c 271 s 150 are each amended to read as follows:
Within ((forty-five))45 days after the statewide general election in even-numbered years, the county chair of each major political party shall call separate meetings of all elected precinct committee officers in each legislative district for the purpose of ((electing))selecting a legislative district chair in such district. The district chair shall hold office until the next legislative district reorganizational meeting two years later, or until a successor is ((elected))selected.
The legislative district chair may be removed only by the majority vote of the elected precinct committee officers in the chair's district.
NEW SECTION.  Sec. 12. The legislature finds that Article IX, section 1 of the state Constitution does not have a section caption in the original source, and that the subsequently added caption of "Preamble" does not accurately describe the section. Therefore, the secretary of state is respectfully requested to publish Article IX, section 1 of the state Constitution without a section caption.
NEW SECTION.  Sec. 13. The following acts or parts of acts are each repealed:
(1) RCW 9.68.060 ("Erotic material"Determination by courtLabelingPenalties) and 2011 c 96 s 8, 2003 c 53 s 41, 1992 c 5 s 2, & 1969 ex.s. c 256 s 14;
(2) RCW 9.68.070 (Prosecution for violation of RCW 9.68.060Defense) and 2011 c 336 s 318, 1992 c 5 s 4, & 1969 ex.s. c 256 s 15; and
(3) RCW 9.68.090 (Civil liability of wholesaler or wholesaler-distributor) and 2011 c 336 s 320, 1992 c 5 s 3, & 1969 ex.s. c 256 s 17.
NEW SECTION.  Sec. 14. The following acts or parts of acts are each repealed:
(1) 2020 c 1 s 1 (uncodified);
(2) 2020 c 1 s 2 (uncodified);
(3) 2020 c 1 s 3 (uncodified);
(4) 2020 c 1 s 4 (uncodified);
(5) 2020 c 1 s 5 (uncodified);
(6) 2020 c 1 s 6 (uncodified);
(7) 2020 c 1 s 7 (uncodified);
(8) 2020 c 1 s 8 (uncodified);
(9) 2020 c 1 s 9 (uncodified);
(10) 2020 c 1 s 10 (uncodified);
(11) 2020 c 1 s 11 (uncodified);
(12) 2020 c 1 s 12 (uncodified);
(13) 2020 c 1 s 13 (uncodified);
(14) 2020 c 1 s 14 (uncodified);
(15) 2020 c 1 s 15 (uncodified);
(16) 2020 c 1 s 16 (uncodified); and
(17) 2020 c 1 s 17 (uncodified).
NEW SECTION.  Sec. 15. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION.  Sec. 16. Sections 1 through 7 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect May 1, 2024."
Correct the title.
EFFECT: (1) Requires the sentencing court to impose a maximum term of life imprisonment and a minimum term of total confinement of no less than 25 years for Aggravated Murder in the first degree where the perpetrator committed the crime at age 18 to 20 if the court determines that certain mitigating factors of youthfulness apply, rather than under any circumstance; or to instead impose life imprisonment without possibility of release or parole if the court determines that such mitigating factors do not apply.
(2) Requires the resentencing of any person who was sentenced to life imprisonment without parole prior to May 1, 2024, for Aggravated Murder in the first degree committed at age 18 to 20.
(3) Provides that the changes to sentencing requirements for Aggravated Murder in the first degree apply to all sentencing hearings conducted on or after May 1, 2024, regardless of the date of an offender's underlying offense.
(4) Amends provisions of the Sentencing Reform Act to make language consistent with the changes to sentencing requirements for Aggravated Murder in the first degree and the opportunity for resentencing.
(5) Adds a severability clause.
(6) Adds an emergency clause and effective date of May 1, 2024, for the provisions related to sentencing requirements for Aggravated Murder in the first degree.
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