SENATE BILL REPORT

HB 1204

BYRepresentatives Locke, Niemi, Armstrong, Patrick, Wineberry, P. King and Holm

Establishing multiple incidents of sexual abuse as an aggravating circumstance for an exceptional sentence.

House Committe on Ways & Means/Appropriations

Senate Committee on Judiciary

Senate Hearing Date(s):April 1, 1987

Majority Report:  Do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Bottiger, McCaslin, Nelson, Newhouse.

Senate Staff:Carolyn Mayer (786-7418)

                  April 1, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, APRIL 1, 1987

BACKGROUND:

The Sentencing Reform Act of 1981 (SRA) established a presumptive and determinate criminal sentencing law for the state.  The act also created the Sentencing Guidelines Commission (SGC) to oversee the administration of the law.

The SRA provides a grid of presumed sentences for felony convictions based on the statutory ranking of crimes as to their seriousness and on the criminal history of offenders.  The presumptive sentence is a range of prison time within which the judge is to set the defendant's actual term of confinement.  The judge may impose an exceptional sentence outside the presumptive range under certain statutorily prescribed circumstances. Exceptional sentences must be supported in writing by the judge and are subject to appeal by either the prosecution or the defense.

In 1986 the Legislature specifically requested that the Commission recommend changes in the criminal law with respect to sex offenders who have committed multiple offenses.  The Commission is to present its recommendations to the 1987 Legislature.

SUMMARY:

This bill is the Sentencing Guidelines Commission's (SGC) recommendation in response to the 1986 Legislature's request for changes in sentencing for multiple sex offenders. If the prosecution can prove by a preponderance of the evidence that a defendant has sexually abused the same child (under 18) repeatedly over a prolonged time, then the judge may impose an exceptional sentence above the standard range.

Fiscal Note:      requested

Senate Committee - Testified: Janet Rice; Roxanne Park, Sentencing Guidelines Commission; Mike Redman, Washington Association of Prosecuting Attorneys