SENATE BILL REPORT

SB 6318

BYSenators Madsen, Nelson, Warnke, Bauer, McMullen, Sutherland, Vognild, Moore and Rasmussen

Increasing penalties for crimes committed while armed with a firearm.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 26, 1990; January 29, 1990

Majority Report:  That Substitute Senate Bill No. 6318 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

      Signed by Senator Nelson, Chairman; McCaslin, Vice Chairman; Madsen, Niemi, Patrick, Rinehart, Talmadge, Thorsness.

Senate Staff:Jon Carlson (786-7459)

                  January 30, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 29, 1990

BACKGROUND:

Under current law, additional time is added to the presumptive sentence of those individuals who are found, through a deadly weapon special verdict, to be armed with a deadly weapon in the commission of certain serious crimes. 

It is suggested that the danger associated with firearms in the commission of crimes merits adding an even greater amount of additional time to the presumptive sentence.

SUMMARY:

An additional 60 months is added to the presumptive sentence of an offender or accomplice who uses a firearm in the commission of any felony ranked on the sentencing grid.

A plea agreement with a defendant is prohibited for any offense when the offender or accomplice uses a firearm in the commission of the crime.

EFFECT OF PROPOSED SUBSTITUTE:

The deadly weapon special verdict is modified to provide a separate finding of fact for determining whether or not the accused or an accomplice was armed with a firearm during the commission of the crime.

The prohibition against plea agreements only applies to the special firearm allegation.  The court cannot dismiss the special allegation unless there is an error in the initial charging decision or unless there are evidentiary problems which makes proving the special allegations doubtful.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 18, 1990

Senate Committee - Testified: Ted Cowan, King County Outdoor Sports Council (pro); Mitch Johnson, Tacoma Sportsmen's Club (pro); Robert Shelling, Seattle Police Officers Guild (pro)