SENATE BILL REPORT

SB 5947

BYSenators 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)

                  February 27, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 24, 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 require the jury to consider a continuing pattern of physical or psychological abuse suffered by the defendant as a factor in imposing an exceptional sentence below the standard sentencing range.

SUMMARY:

Upon request of the defendant, the court may order the jury to consider a special finding of manifest injustice based on a continuing pattern of physical or psychological abuse suffered by the defendant.  Upon such finding, the judge shall impose an exceptional sentence below the standard sentencing range for the crime committed.

EFFECT OF PROPOSED SUBSTITUTE: 

The existing language is striken and a new provision is added which:  creates a new mitigating factor which may be considered at the court's discretion; permits consideration of this factor where the defendant or defendant's children suffered the pattern of abuse; removes language which injected the jury into the sentencing process and which mandated the court follow the jury's finding; specifically includes sexual abuse as a type of abuse covered by the provision; and clarifies that the perpetrator of the pattern of abuse must be the victim of the offense.

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)