SENATE BILL REPORT

2SHB 684

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

Senate Hearing Date(s):April 1, 1987; April 2, 1987

Majority Report:     Do pass as amended and refer to Committee on Ways & Means.

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

Senate Staff:Carolyn Mayer (786-7418)

                April 2, 1987

Senate Committee on Ways & Means

Senate Hearing Date(s):April 6, 1987

Majority Report:     Do pass as amended.

     Signed by Senators McDermott, Chairman; Gaspard, Vice Chairman; Bauer, Bluechel, Cantu, Craswell, Deccio, Fleming, Hayner, Kreidler, Lee, McDonald, Moore, Owen, Rinehart, Saling, Talmadge, Vognild, Warnke, Williams, Wojahn, Zimmerman.

Senate Staff:Jan Sharar (786-7715)

                April 7, 1987

AS REPORTED BY COMMITTEE ON WAYS & MEANS, APRIL 6, 1987

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 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.  The common law "merger doctrine" prevents separate conviction and sentencing for a lesser crime that is by definition part of a more serious crime for which an offender is being sentenced, when the two offenses were committed in furtherance of the same act.  For example, an offender who is convicted of first degree rape and who kidnapped the victim in order to commit the rape, cannot also be convicted of kidnap because kidnapping is one of the elements of first degree rape.

SUMMARY:

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

SUMMARY OF PROPOSED JUDICIARY COMMITTEE AMENDMENT:

Offenders under the control of the Department of Corrections are distinguished from those sentenced to county jail facilities with respect to termination of partial confinement upon violation of conditions.  Disregard for the safety of others is removed from the elements establishing vehicular homicide within the definition of violent offense so that these offenders are eligible for first time offender status in sentencing.

SUMMARY OF PROPOSED WAYS & MEANS COMMITTEE AMENDMENT:

The striking amendment incorporates all of the changes in the bill and the Judiciary Committee amendments and adds a new section that would make a person found guilty of homicide by abuse guilty of murder in the first degree.  This would apply in situations of abuse of children under the age of 16, developmentally disabled persons or a dependent adult where the person had previously engaged in a pattern of assault or torture of said child or disabled dependent person.

Fiscal Note:    available

Senate Committee - Testified:   JUDICIARY:  Representative Cooper, original sponsor; Mike Redman, Washington Association of Prosecuting Attorneys; Janet Rice, Roxanne Park, Sentencing Guidelines Commission; Seth Dawson, prosecuting attorney

Senate Committee - Testified:   WAYS & MEANS:  No one