SENATE BILL REPORT

SSB 5947

BYSenate Committee on Law & Justice (originally sponsored by Senators McMullen, Pullen, Niemi, Talmadge, Murray and Anderson)

Establishing a procedure for considering abuse suffered by a defendant as a mitigating circumstance for an exceptional sentence.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 23, 1989; February 24, 1989

Majority Report:  That Substitute Senate Bill No. 5947 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Joyce Ansley (786-7418)

                  April 17, 1989

House Committe on Judiciary

AS PASSED SENATE, MARCH 9, 1989

BACKGROUND:

The Sentencing Reform Act established a list of mitigating factors which the court may consider in exercising its discretion to impose an exceptional sentence below the standard range.  Current factors include circumstances where the defendant:  was the aggressor; before detection attempted to compensate the victim; committed the crime under threat or compulsion; was induced by others to commit the crime; and had an impaired capacity to understand wrongfulness of the act.  The list is illustrative only and not intended to be the exclusive reasons for exceptional sentences.

It is suggested that, in addition to the currently listed factors, the court be permitted to consider a pattern of abuse suffered by the defendant as a mitigating factor in imposing an exceptional sentence below the standard sentencing range.

SUMMARY:

The court may consider as a mitigating factor the fact that the defendant or the children of the defendant suffered a pattern of physical, sexual or psychological abuse perpetrated by the victim of the offense and may impose an exceptional sentence below the standard range.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Senator McMullen, prime sponsor; Representative Harriet Spinnell (pro); Lonnie Johns-Brown, Domestic Violence Programs (pro); Robert Jones, Skagit County Public Defenders (pro); Karil Flingbill, Director of Social Work, Harborview (pro); Karen Andrews, Skagit Public Defenders (pro); Judy Booth (pro); Pat Thibaudeau, Washington Women United (pro); Roxanne Park, Sentencing Commission; Frank Krall, Pierce County Deputy Prosecutors (WAPA)

HOUSE AMENDMENT:

"Pattern of abuse" is replaced by "continuing pattern of abuse."  Psychological abuse is deleted as a mitigating factor.  Language is also added to require that the offense be a response to the abuse.