FINAL BILL REPORT

SB 5233

PARTIAL VETO

                              C 412 L 89

PARTIAL VETO OVERRIDE

                             C 1 L 89 E2

BYSenators Pullen, Madsen, Rasmussen and Niemi

Changing provisions relating to the crime of burglary.

Senate Committee on Law & Justice and Committee on Ways & Means

House Committe on Judiciary

Rereferred House Committee on Appropriations

SYNOPSIS AS ENACTED

BACKGROUND:

A person is guilty of burglary in the second degree if he or she enters or remains unlawfully in a building with the intent to commit a crime against a person or property therein.  Burglary in the second degree is a class B felony and is classified as a seriousness level II offense under the statutory sentencing grid.  Based on an offender's score under the sentencing grid, seriousness level II requires a sentence from 0 to 57 months.  In addition, a court may impose a fine of up to $20,000.

Concern exists that the current law does not provide adequate punishment for persons who repeatedly burglarize homes and businesses.  Recent statistics indicate that, in Seattle alone, approximately 11,927 residential burglaries occurred in 1987.

In light of the steady increase in residential burglaries and the potential for personal injury inherent in such crimes, it is recommended that a separate crime of residential burglary be created.  It is also recommended that the seriousness level for second degree burglary be increased to level III.

SUMMARY:

A new crime of residential burglary is created.  Residential burglary is a class B felony and shall be considered as a more serious offense than second degree burglary by the Sentencing Guidelines Commission and the Juvenile Disposition Standards Commission when establishing sentencing guidelines.

The punishment for the crime of burglary in the second degree is increased from seriousness level II to level III under the statutory sentencing grid.

VOTES ON FINAL PASSAGE:

     Senate   46    1

     House 97  0 (House amended)

     Senate   46    0 (Senate concurred)

Second Special Session

     Senate   38    9 (Partial Veto Override)

     House 71  9 (Partial Veto Override)

EFFECTIVE:July 1, 1990

Partial Veto Summary:  Section 3, which increases the seriousness level of second degree burglary on the statutory sentencing grid from level II to level III and ranks the new crime of residential burglary at level IV, is deleted.  (See VETO MESSAGE)

Partial Veto Override:  The Legislature in the Second Special Session voted to override the Governor's veto of Section 3.