SENATE BILL REPORT

ESB 5233

BYSenators Pullen, Madsen, Rasmussen and Niemi

Changing provisions relating to the crime of burglary.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 18, 1989; January 23, 1989

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Newhouse, Niemi, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Ben Barnes (786-7465)

                  February 23, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):March 2, 1989; March 3, 1989

Majority Report:  Do pass as amended.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bluechel, Cantu, Gaspard, Hayner, Johnson, Lee, Matson, Newhouse, Niemi, Owen, Saling, Talmadge, Warnke, Wojahn.

Senate Staff:Randy Hodgins (786-7438)

                  April 12, 1989

AS PASSED SENATE, MARCH 8, 1989

BACKGROUND:

A person is guilty of burglary in the second degree if he or she enters or remains unlawfully in a building other than a vehicle 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 in 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.

The measure becomes effective on July 1, 1991.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: LAW & JUSTICE:  Dave Fallen, Sentencing Guidelines Commission; Mike Redman, Washington Association of Prosecuting Attorneys (pro); Gary Edwards, Thurston County Sheriff (pro)

Senate Committee - Testified: WAYS & MEANS:  Senator Kent Pullen (pro); Mike Redman, Washington Association of Prosecuting Attorneys (pro)

HOUSE AMENDMENT:

The effective date of the bill is changed to July 1, 1990.