HOUSE BILL REPORT

HB 1065

BYRepresentatives Jones, Hargrove, Patrick, Walker, S. Wilson, Haugen, Basich, Brough, Todd, Ferguson, Holland, Crane, Cole, Rayburn, Jesernig, Rector, Heavey, Pruitt, Leonard, Kremen, Winsley, P. King, Bowman, Moyer, Silver, Cantwell, D. Sommers, Wineberry, H. Myers, G. Fisher, K. Wilson, Morris, Miller, Wolfe, Youngsman, Van Luven, McLean, Nealey, Tate, May, Schoon, Brumsickle, Doty, Phillips, Betrozoff and Anderson

Increasing penalties for sex crimes against children.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (17)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, Locke, R. Meyers, Moyer, H. Myers, Patrick, Scott, Tate, Van Luven and Wineberry.

House Staff:Pat Shelledy (786-7149)

Rereferred House Committee on Appropriations

Majority Report:  The substitute bill by the Committee on Judiciary be substituted therefor and the substitute bill do pass.  (24)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Appelwick, Belcher, Bowman, Braddock, Brekke, Bristow, Dorn, Ebersole, Ferguson, Hine, May, Nealey, Peery, Rust, Sayan, Spanel, Sprenkle, Valle and Wineberry.

House Staff:      Randy Acker (786-7136)

AS REPORTED BY COMMITTEE ON APPROPRIATIONS

FEBRUARY 24, 1989

BACKGROUND:

The Sentencing Reform Act has special sentencing alternatives for offenders convicted of certain sexual offenses.  Those alternatives include outpatient and inpatient treatment, and treatment while incarcerated.  Some sexual offenses have a seven year statute of limitations while other sexual offenses have a three year statute of limitations.

SUMMARY:

SUBSTITUTE BILL:  The Sentencing Guidelines Commission is directed to evaluate the effectiveness of mandatory treatment for sexual offenders incarcerated in prison.  The court may require the defendant to pay for sexual deviancy evaluations and treatment.  Prosecutors are encouraged to avoid prefiling diversion agreements in sexual assault cases.  The statute of limitations is increased from three years to seven years for incest, first degree rape and second degree rape if the victim was under 14 at the time of the offense.  A blue ribbon panel is established to study the effectiveness of the special sexual offender sentencing alternative.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The original bill raised the seriousness levels of several sex offenses, and raised rape of a child in the second degree and child molestation in the first degree from class B to class A felonies.  Those sections were deleted entirely in the substitute bill.  The original bill eliminated the special sexual offender sentencing alternative for offenders convicted of rape of a child in all degrees and child molestation in all degrees.  That section was deleted in the substitute bill.  The original bill excluded offenders convicted of rape of a child in all degrees and child molestation in all degrees from early release if the offender completed the department of correction's treatment program.  That section is deleted in the substitute bill.

The substitute bill adds the blue ribbon study panel, the Sentencing Guidelines Commission's study, the changes in the statute of limitations, the payment of evaluation and treatment costs and modifies the prosecutorial discretion provision in the earlier bill.

CHANGES PROPOSED BY COMMITTEE ON APPROPRIATIONS:  None.

Fiscal Note:      Requested February 17, 1989.

House Committee ‑ Testified For:    (Judiciary)  Mike Redman, WAPA; Dr. Barbara Schwartz, Department of Corrections; Representative Evan Jones, Prime Sponsor; Beverly Emery, Washington Coalition of Sexual Assault Programs.

(Appropriations)  None Presented.

House Committee - Testified Against:      (Judiciary)  None Presented.

(Appropriations)  None Presented.

House Committee - Testimony For:    (Judiciary)  Washington has some of the country's lowest sentencing ranges for sexual offenses.  The sexual sentencing alternatives need evaluation.

(Appropriations)  None Presented.

House Committee - Testimony Against:      (Judiciary)  None Presented.

(Appropriations)  None Presented.