FINAL BILL REPORT

2SHB 684

PARTIAL VETO

                                  C 456 L 87

BYHouse Committee on Ways & Means/Appropriations (originally sponsored by Representatives Cooper, Holm, Patrick, Valle, Ballard, Crane, Lewis, Zellinsky, Schmidt, Haugen, Hargrove, Heavey, Bristow, Winsley, Todd, Allen, Rasmussen, Kremen, Baugher, Beck, Sanders, P. King, Moyer, Amondson, Brough, Fuhrman, L. Smith, Betrozoff and Rayburn)

Revising provisions relating to criminal sentencing.

House Committe on Judiciary

Rereferred House Committee on Ways & Means/Appropriations

Senate Committee on Judiciary and Committee on Ways & Means

SYNOPSIS AS ENACTED

BACKGROUND:

The Sentencing Reform Act (SRA) generally provides for presumptive and determinate sentences for convicted felons.  That is, sentences imposed by judges are to fall within statutorily established ranges, and are to run for a definite period of time known to the defendant at the time of sentencing. The presumptive sentence for a particular conviction is determined by the ranking of the crime as to its seriousness and by the criminal history of the defendant.

An exceptional sentence outside the presumptive ranges is authorized if mitigating or aggravating circumstances exist and written justification for the exceptional sentence is given by the judge.  Sentences (except for orders of restitution) cannot, however, exceed the statutory maximum for the crime even in an exceptional sentence.  The maximum sentence is five years for a class C felony, ten years for a class B felony and life for a class A felony.

Various statutory rules in the SRA determine how much a particular prior conviction counts for purposes of criminal history.  If the current offense for which an offender is being sentenced is escape, only prior convictions for escape count as criminal history.  Only certain serious traffic offenses count for purposes of criminal history.  Those offenses are vehicular assault or homicide, and felony hit and run.  Other-state and federal convictions count as criminal history under the SRA only when they are violent offenses.

Alternatives to imprisonment, such as community supervision or partial confinement, are available as part of an exceptional sentence and also for first time non-violent offenders.  "Violent offenses" include all class A felonies and certain other felonies.

Multiple sentences for multiple current convictions under the SRA are generally served concurrently.  Also, if the crimes for which an offender is being sentenced are found to "encompass the same criminal conduct," then the crimes are treated as one for purposes of establishing criminal history.

Several years ago, the legislature decriminalized many traffic offenses.  These offenses are now "infractions" rather than crimes.  Violators are subject to monetary penalties, but not imprisonment.

SUMMARY:

A variety of changes are made to the Sentencing Reform Act (SRA).

Eluding a police officer is added to the list of "serious traffic offenses."  All prior criminal convictions, not just prior escape convictions, count in sentencing for a current escape conviction.  Only prior escapes or failures to return count in a current sentencing for failure to return from furlough or work release.

Judges are authorized to impose restrictions on an offender's contact with other persons for up to the maximum sentence for the crime of conviction.

Judges are authorized to order school or work release as a part of a sentence of partial confinement.  The sentence may include a requirement to comply with the rules of the school or work release facility.  A violation of the rules may result in immediate transfer to total confinement without court order.

All other-state or federal convictions for felonies count as criminal history under the SRA.

A statutory definition of "same criminal conduct" is provided.  The conduct must involve two or more crimes against the same victim; must entail the same criminal intent; and must occur at the same time and place.

A task force on civil infractions is established and directed to report to the legislature on misdemeanors and gross misdemeanors that might be decriminalized.  The report is due June 30, 1989.  A mechanism for enforcement of civil infractions is established and several offenses are decriminalized.

VOTES ON FINAL PASSAGE:

      House 97   0

      Senate    46     1(Senate amended)

      House       (House refused to concur)

Free Conference Committee

      Senate    46     2

      House 97   0

EFFECTIVE:July 26, 1987

            January 1, 1987 (Sections 9 - 31)

Partial Veto Summary:  The partial veto clarifies the counting of criminal history when an offender is being sentenced for more than one crime.  (See VETO MESSAGE)