| TABLE 2 | |
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | |
XVI | | |
XV | | |
| | |
| | |
XIV | | |
| | |
XIII | | |
| Malicious placement of an explosive 1 (RCW 70.74.270(1)) | |
XII | | |
| | |
| Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a)) | |
| Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101) | |
| | |
| | |
| | |
XI | | |
| | |
| | |
| Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520) | |
| Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520) | |
X | | |
| | |
| Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a)) | |
| | |
| Leading Organized Crime (RCW 9A.82.060(1)(a)) | |
| | |
| Sexually Violent Predator Escape (RCW 9A.76.115) | |
IX | Abandonment of Dependent Person 1 (RCW 9A.42.060) | |
| | |
| | |
| | |
| Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050) | |
| Inciting Criminal Profiteering (RCW 9A.82.060(1)(b)) | |
| Malicious placement of an explosive 2 (RCW 70.74.270(2)) | |
| | |
| | |
VIII | | |
| Commercial Sexual Abuse of a Minor (RCW 9.68A.100) | |
| Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050) | |
| | |
| | |
| | |
VII | Air bag diagnostic systems (causing bodily injury or death) (RCW 46.37.660(2)(b)) | |
| Air bag replacement requirements (causing bodily injury or death) (RCW 46.37.660(1)(b)) | |
| | |
| | |
| | |
| Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050(1)) | |
| | |
| | |
| Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050) | |
| Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c)) | |
| | |
| Malicious placement of an explosive 3 (RCW 70.74.270(3)) | |
| Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (causing bodily injury or death) (RCW 46.37.650(1)(b)) | |
| Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675) | |
| Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(b)) | |
| Sending, bringing into state depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.060(1)) | |
| Theft of an assault weapon from a residence, store, shop, sales outlet, or vehicle (section 5 of this act) | |
| Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)) | |
| Use of a Machine Gun or Bump-fire Stock in Commission of a Felony (RCW 9.41.225) | |
| Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520) | |
VI | Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a)) | |
| | |
| | |
| | |
| | |
| Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b)) | |
| Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1)) | |
| | |
| | |
| Theft from a Vulnerable Adult 1 (RCW 9A.56.400(1)) | |
| | |
V | Abandonment of Dependent Person 2 (RCW 9A.42.070) | |
| Advancing money or property for extortionate extension of credit (RCW 9A.82.030) | |
| Air bag diagnostic systems (RCW 46.37.660(2)(c)) | |
| Air bag replacement requirements (RCW 46.37.660(1)(c)) | |
| Bail Jumping with class A Felony (RCW 9A.76.170(3)(b)) | |
| | |
| | |
| Custodial Sexual Misconduct 1 (RCW 9A.44.160) | |
| Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2)) | |
| | |
| | |
| Extortionate Extension of Credit (RCW 9A.82.020) | |
| Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040) | |
| | |
| | |
| Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (RCW 46.37.650(1)(c)) | |
| | |
| Persistent prison misbehavior (RCW 9.94.070) | |
| Possession of a Stolen Firearm (RCW 9A.56.310) | |
| | |
| Rendering Criminal Assistance 1 (RCW 9A.76.070) | |
| Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(c)) | |
| Sending, Bringing into State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.060(2)) | |
| Sexual Misconduct with a Minor 1 (RCW 9A.44.093) | |
| Sexually Violating Human Remains (RCW 9A.44.105) | |
| | |
| Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070) | |
IV | | |
| | |
| Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h)) | |
| Assault 4 (third domestic violence offense) (RCW 9A.36.041(3)) | |
| | |
| | |
| | |
| | |
| | |
| Driving While Under the Influence (RCW 46.61.502(6)) | |
| Endangerment with a Controlled Substance (RCW 9A.42.100) | |
| | |
| | |
| | |
| Hit and Run with Vessel —Injury Accident (RCW 79A.60.200(3)) | |
| | |
| Indecent Exposure to Person Under Age 14 (subsequent sex offense) (RCW 9A.88.010) | |
| Influencing Outcome of Sporting Event (RCW 9A.82.070) | |
| Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6)) | |
| Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070(2)) | |
| | |
| | |
| | |
| | |
| Trafficking in Stolen Property 1 (RCW 9A.82.050) | |
| Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b)) | |
| Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3)) | |
| Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3)) | |
| Unlawful transaction of insurance business (RCW 48.15.023(3)) | |
| Unlicensed practice as an insurance professional (RCW 48.17.063(2)) | |
| Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2)) | |
| Vehicle Prowling 2 (third or subsequent offense) (RCW 9A.52.100(3)) | |
| Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522) | |
| Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1)) | |
| Willful Failure to Return from Furlough (RCW 72.66.060) | |
III | Animal Cruelty 1 (Sexual Conduct or Contact) (RCW 16.52.205(3)) | |
| Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h)) | |
| | |
| Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c)) | |
| | |
| Communication with a Minor for Immoral Purposes (RCW 9.68A.090) | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| Intimidating a Public Servant (RCW 9A.76.180) | |
| | |
| Malicious Injury to Railroad Property (RCW 81.60.070) | |
| Manufacture of Untraceable Firearm with Intent to Sell (RCW 9.41.190) | |
| Manufacture or Assembly of an Undetectable Firearm or Untraceable Firearm (RCW 9.41.325) | |
| | |
| Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674) | |
| | |
| | |
| Possession of Incendiary Device (RCW 9.40.120) | |
| Possession of Machine Gun, Bump-Fire Stock, Undetectable Firearm, or Short-Barreled Shotgun or Rifle (RCW 9.41.190) | |
| | |
| Retail Theft with Special Circumstances 1 (RCW 9A.56.360(2)) | |
| | |
| | |
| Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2)) | |
| | |
| Theft with the Intent to Resell 1 (RCW 9A.56.340(2)) | |
| Trafficking in Stolen Property 2 (RCW 9A.82.055) | |
| Unlawful Hunting of Big Game 1 (RCW 77.15.410(3)(b)) | |
| | |
| Unlawful Misbranding of Fish or Shellfish 1 (RCW 77.140.060(3)) | |
| Unlawful possession of firearm in the second degree (RCW 9.41.040(2)) | |
| Unlawful Taking of Endangered Fish or Wildlife 1 (RCW 77.15.120(3)(b)) | |
| Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW 77.15.260(3)(b)) | |
| Unlawful Use of a Nondesignated Vessel (RCW 77.15.530(4)) | |
| Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522) | |
| Willful Failure to Return from Work Release (RCW 72.65.070) | |
II | Commercial Fishing Without a License 1 (RCW 77.15.500(3)(b)) | |
| | |
| | |
| Electronic Data Service Interference (RCW 9A.90.060) | |
| | |
| | |
| Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620(3)) | |
| Escape from Community Custody (RCW 72.09.310) | |
| Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.130 prior to June 10, 2010, and RCW 9A.44.132) | |
| | |
| | |
| Improperly Obtaining Financial Information (RCW 9.35.010) | |
| | |
| | |
| Possession of Stolen Property 1 (RCW 9A.56.150) | |
| Possession of a Stolen Vehicle (RCW 9A.56.068) | |
| Retail Theft with Special Circumstances 2 (RCW 9A.56.360(3)) | |
| Scrap Processing, Recycling, or Supplying Without a License (second or subsequent offense) (RCW 19.290.100) | |
| | |
| | |
| Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at $5,000 or more) (RCW 9A.56.096(5)(a)) | |
| Theft with the Intent to Resell 2 (RCW 9A.56.340(3)) | |
| | |
| Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a)) | |
| Unlawful Participation of Non-Indians in Indian Fishery (RCW 77.15.570(2)) | |
| | |
| Unlawful Purchase or Use of a License (RCW 77.15.650(3)(b)) | |
| Unlawful Trafficking in Fish, Shellfish, or Wildlife 2 (RCW 77.15.260(3)(a)) | |
| Unlicensed Practice of a Profession or Business (RCW 18.130.190(7)) | |
| | |
I | Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024) | |
| False Verification for Welfare (RCW 74.08.055) | |
| | |
| Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060) | |
| | |
| | |
| Possession of Stolen Property 2 (RCW 9A.56.160) | |
| | |
| Spotlighting Big Game 1 (RCW 77.15.450(3)(b)) | |
| Suspension of Department Privileges 1 (RCW 77.15.670(3)(b)) | |
| Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075) | |
| | |
| Theft from a Vulnerable Adult 2 (RCW 9A.56.400(2)) | |
| Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at $750 or more but less than $5,000) (RCW 9A.56.096(5)(b)) | |
| Transaction of insurance business beyond the scope of licensure (RCW 48.17.063) | |
| Unlawful Fish and Shellfish Catch Accounting (RCW 77.15.630(3)(b)) | |
| Unlawful Issuance of Checks or Drafts (RCW 9A.56.060) | |
| Unlawful Possession of Fictitious Identification (RCW 9A.56.320) | |
| Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320) | |
| Unlawful Possession of Payment Instruments (RCW 9A.56.320) | |
| Unlawful Possession of a Personal Identification Device (RCW 9A.56.320) | |
| Unlawful Production of Payment Instruments (RCW 9A.56.320) | |
| Unlawful Releasing, Planting, Possessing, or Placing Deleterious Exotic Wildlife (RCW 77.15.250(2)(b)) | |
| Unlawful Trafficking in Food Stamps (RCW 9.91.142) | |
| Unlawful Use of Food Stamps (RCW 9.91.144) | |
| Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b)) | |
| Unlawful Use of Prohibited Aquatic Animal Species (RCW 77.15.253(3)) | |
| | |
| Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b)) | |
Sec. 7. RCW
9.94A.589 and 2020 c 276 s 1 are each amended to read as follows:
(1)(a) Except as provided in (b), (c), or (d) of this subsection, whenever a person is to be sentenced for two or more current offenses, the sentence range for each current offense shall be determined by using all other current and prior convictions as if they were prior convictions for the purpose of the offender score: PROVIDED, That if the court enters a finding that some or all of the current offenses encompass the same criminal conduct then those current offenses shall be counted as one crime. Sentences imposed under this subsection shall be served concurrently. Consecutive sentences may only be imposed under the exceptional sentence provisions of RCW
9.94A.535. "Same criminal conduct," as used in this subsection, means two or more crimes that require the same criminal intent, are committed at the same time and place, and involve the same victim. This definition applies in cases involving vehicular assault or vehicular homicide even if the victims occupied the same vehicle.
(b) Whenever a person is convicted of two or more serious violent offenses arising from separate and distinct criminal conduct, the standard sentence range for the offense with the highest seriousness level under RCW
9.94A.515 shall be determined using the offender's prior convictions and other current convictions that are not serious violent offenses in the offender score and the standard sentence range for other serious violent offenses shall be determined by using an offender score of zero. The standard sentence range for any offenses that are not serious violent offenses shall be determined according to (a) of this subsection. All sentences imposed under this subsection (1)(b) shall be served consecutively to each other and concurrently with sentences imposed under (a) of this subsection. Even if the court orders the confinement terms to run consecutively to each other, the terms of community custody shall run concurrently to each other, unless the court expressly orders the community custody terms to run consecutively to each other.
(c) If an offender is convicted under RCW
9.41.040 for unlawful possession of a firearm in the first or second degree and for ((
the))
one or more of the following felony crimes ((
of theft))
: (i) Theft of a firearm
; or (ii) theft of an assault weapon from a residence, store, shop, sales outlet, or vehicle (section 5 of this act); or
(iii) possession of a stolen firearm, ((
or both,)) the standard sentence range for each of these current offenses shall be determined by using all other current and prior convictions, except other current convictions for the felony crimes listed in this subsection (1)(c), as if they were prior convictions. The offender shall serve consecutive sentences for each conviction of the felony crimes listed in this subsection (1)(c), and for each firearm unlawfully possessed.
(2)(a) Whenever a person while under sentence for conviction of a felony commits another felony and is sentenced to another term of confinement, the latter term of confinement shall not begin until expiration of all prior terms of confinement. However, any terms of community custody shall run concurrently to each other, unless the court pronouncing the current sentence expressly orders that they be served consecutively.
(b) Whenever a second or later felony conviction results in consecutive community custody with conditions not currently in effect, under the prior sentence or sentences of community custody, the court may require that the conditions of community custody contained in the second or later sentence begin during the immediate term of community custody and continue throughout the duration of the consecutive term of community custody.
(3) Subject to subsections (1) and (2) of this section, whenever a person is sentenced for a felony that was committed while the person was not under sentence for conviction of a felony, the sentence shall run concurrently with any felony sentence which has been imposed by any court in this or another state or by a federal court subsequent to the commission of the crime being sentenced unless the court pronouncing the current sentence expressly orders that the confinement terms be served consecutively to each other. Even if the court orders the confinement terms to run consecutively to each other, the terms of community custody shall run concurrently to each other, unless the court expressly orders the community custody terms to run consecutively to each other.
(4) Whenever any person granted probation under RCW
9.95.210 or
9.92.060, or both, has the probationary sentence revoked and a prison sentence imposed, that sentence shall run consecutively to any sentence imposed pursuant to this chapter, unless the court pronouncing the subsequent sentence expressly orders that they be served concurrently.
(5) In the case of consecutive sentences, all periods of total confinement shall be served before any partial confinement, community restitution, community supervision, or any other requirement or conditions of any of the sentences. Except for exceptional sentences as authorized under RCW
9.94A.535, if two or more sentences that run consecutively include periods of community supervision, the aggregate of the community supervision period shall not exceed twenty-four months."
Renumber the remaining sections consecutively and correct any internal references accordingly.
SHB 1240 - S AMD TO LAW COMM AMD (S-2726.1/23) 371
By Senator L. Wilson
NOT ADOPTED 04/08/2023
On page 15, line 7, after "RCW;" insert "adding a new section to chapter
9A.56 RCW;"
EFFECT: Creates the crime of theft of an assault weapon. Each assault weapon taken in theft is a separate offense. Each crime is a ranked class B felony, and the offender shall serve consecutive sentences for each conviction.
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