SENATE BILL REPORT

HB 753

BYRepresentatives Locke, Padden, Armstrong and Scott; by request of Sentencing Guidelines Commission

Classifying criminal mistreatment for sentencing purposes.

House Committe on Judiciary

Senate Committee on Judiciary

Senate Hearing Date(s):March 25, 1987

Majority Report:     Do pass.

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

Senate Staff:Cliff Petersen (786-7457)

                March 25, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, MARCH 25, 1987

BACKGROUND:

In 1986, the crime of criminal mistreatment was created and codified as RCW 9A.42.  Criminal mistreatment in the first degree is defined as a parent of a child or a person entrusted with physical custody of a child or dependent person recklessly causing great bodily harm to a child or dependent person by withholding any of the basic necessities of life.  Criminal mistreatment in the first degree is a class B felony.

Criminal mistreatment in the second degree occurs if the defendant recklessly creates the risk of great bodily harm or causes substantial bodily harm by recklessly withholding any of the basic necessities of life.  Criminal mistreatment in the second degree is a class C felony.

Criminal mistreatment is not listed in the table ranking the seriousness of crimes (RCW 9.94A.320) used to determine sentences. The present sentence range for both a first and second degree criminal mistreatment conviction is zero to 12 months, the sentence range for all unranked felonies.

SUMMARY:

Criminal mistreatment is added to the statutory table describing the level of seriousness of a crime.  First degree criminal mistreatment is added to Level V (sentence of six to 12 months).

Second degree criminal mistreatment is added to Level III (sentence of one to three months).

Fiscal Note:    none requested

Senate Committee - Testified:   Roxanne Park, Sentencing Guidelines Commission