SENATE BILL REPORT

SB 6461

BYSenator Nelson; by request of Sentencing Guidelines Commission

Establishing seriousness levels for unranked felonies.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 3, 1988; February 4, 1988

Majority Report:  Do pass as amended.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Nelson, Newhouse, Niemi, Talmadge.

Senate Staff:Cliff Petersen (786-7457)

                  February 5, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 4, 1988

BACKGROUND:

Pursuant to the Sentencing Reform Act, if a sentence range for a crime has not been established, the court is directed to impose a determinate sentence of not more than one year in confinement, community service work, not more than one year of community supervision and a fine.  If the court determines that there are substantial and compelling reasons, it may impose an exceptional sentence of more than one year of confinement.

During the 1987 legislative session, controlled substances homicide, custodial assault and involving a minor in drug dealing were enacted as new crimes.  These offenses were not assigned a seriousness level by the Legislature.

A person who has been released by the court who fails to appear before the court at the required time is guilty of bail jumping.  If the person was charged with or convicted of murder in the first degree, the bail jumping is a class A felony.  If the person is charged with or convicted of any other class A felony, bail jumping is a class B felony.  If the person is charged with or convicted of a class B or class C felony, bail jumping is a class C felony.  If the person is charged with or convicted of a misdemeanor or gross misdemeanor, bail jumping is a misdemeanor.  Bail jumping has not been assigned a seriousness level on the sentencing grid.

It is a felony to threaten to bomb any school building, church, government building, or any place used for human occupancy.  Threatening to bomb is not assigned a seriousness level on the sentencing grid.

SUMMARY:

If a sentencing range has not been established for a crime for one year after the effective date of the act creating the new felony, the court may set an appropriate sentence.  The court shall consult with the Sentencing Guidelines commission to determine the seriousness level the commission will recommend to the Legislature.

Controlled substances homicide is assigned seriousness level IX (standard range 31 to 41 months).  Involving a minor in drug dealing is assigned seriousness level VII (15 to 20 months).  Custodial assault is assigned seriousness level III (1 to 3 months).

Bail jumping with murder one is assigned to seriousness level VI (12 to 14 months), any other class A felony is assigned to seriousness level V (6 to 12 months), and a class B or C felony is assigned to seriousness level IV (3 to 9 months).  Threats to bomb are also classified at seriousness level IV.

The act applies to crimes committed after July 1, 1988.

SUMMARY OF PROPOSED COMMITTEE AMENDMENT:

The authorization for the sentencing court to set an appropriate sentence after the enactment of a new crime for which a sentencing range has not been established is removed.

The present method is retained where if a sentence range for a crime has not been established, the court is directed to impose a determinate sentence of not more than one year in confinement, community service work, not more than one year of community supervision and a fine.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 1, 1988

Senate Committee - Testified: Roxanne Park, Sentencing Guidelines Commission