AN ACT Relating to the sale of controlled substances on or near public or private school premises; amending RCW 9.94A.310; adding a new section to chapter 69.50 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 69.50 RCW to read as follows:

Any person who, while within fifteen hundred feet of the premises of a private or public primary or secondary school, violates any provision of this chapter with respect to manufacturing, delivering, or possessing with the intent to manufacture or deliver, a controlled substance is punishable by a fine of up to twice the fine otherwise authorized by this chapter, including twice the fine authorized by RCW 69.50.406, or by imprisonment of up to twice the imprisonment otherwise authorized by this chapter, including twice the imprisonment authorized by RCW 69.50.406, or by both such doubled fine and imprisonment.

Sec. 2. Section 2, chapter 115, Laws of 1983 as last amended by section 1, chapter 218, Laws of 1988 and RCW 9.94A.310 are each amended to read as follows:

!ix(1)

!ae0 TABLE 1

Sentencing Grid

@h0!tm1,1,1,1,1,1,1,1,1,1,1 SERIOUSNESS

@lb SCORE!tj6!tcOFFENDER!sc ,1SCORE

!tj10!tc9

!tj1!tc0!tc1!tc2!tc3!tc4!tc5!tc6!tc7!tc8!tcor!sc ,1more

!w-

@h1 XIV!tj1!tcLife Sentence without Parole/Death Penalty

!w-

XIII!tj1!tc23y4m!tc24y4m!tc25y4m!tc26y4m!tc27y4m!tc28y4m!tc30y4m!tr32 y10m !tc36y!tc40y

!tj1!tc240 -!tc250 -!tc261 -!tc271 -!tc281 -!tc291 -!tc312 -!tc338 -!tc370 -!tc411 -

!tj1!tc320!tc333!tc347!tc361!tc374!tc388!tc416!tc450!tc493!tc548

!w-

XII!tj1!tc12y!tc13y!tc14y!tc15y!tc16y!tc17y!tc19y!tc21y!tc25y!Tc29y

!tj1!tc123 -!tc134 -!tc144 -!tc154 -!tc165 -!tc175 -!tc195 -!tc216 -!tc257 -!tc298 -

!tj1!tc164!tc178!tc192!tc205!tc219!tc233!tc260!tc288!tc342!tc397

!w-

XI!tj1!tc6y!tc6y9m!tc7y6m!tc8y3m!tc9y!tc9y9m!tc12y6m!tc13y6m!tc15y6m! tc17y6m

!tj1!tc62 -!tc69 -!tc77 -!tc85 -!tc93 -!tc100 -!tc129 -!tc139 -!tc159 -!tc180 -

!tj1!tc82!tc92!tc102!tc113!tc123!tc133!tc171!tc185!tc212!tc240

!w-

X!tj1!tc5y!tc5y6m!tc6y!tc6y6m!tc7y!tc7y6m!tc9y6m!tc10y6m!tc12y6m!tc14 y6m

!tj1!tc51 -!tc57 -!tc62 -!tc67 -!tc72 -!tc77 -!tc98 -!tc108 -!tc129 -!tc149 -

!tj1!tc68!tc75!tc82!tc89!tc96!tc102!tc130!tc144!tc171!tc198

!w-

IX!tj1!tc3y!tc3y6m!tc4y!tc4y6m!tc5y!tc5y6m!tc7y6m!tc8y6m!tc10y6m!tc12 y6m

!tj1!tc31 -!tc36 -!tc41 -!tc46 -!tc51 -!tc57 -!tc77 -!tc87 -!tc108 -!tc129 -

!tj1!tc41!tc48!tc54!tc61!tc68!tc75!tc102!tc116!tc144!tc171

!w-

VIII!tj1!tc2y!tc2y6m!tc3y!tc3y6m!tc4y!tc4y6m!tc6y6m!tc7y6m!tc8y6m!tc1 0y6m

!tj1!tc21 -!tc26 -!tc31 -!tc36 -!tc41 -!tc46 -!tc67 -!tc77 -!tc87 -!tc108 -

!tj1!tc27!tc34!tc41!tc48!tc54!tc61!tc89!tc102!tc116!tc144

!w-

VII!tj1!tc18m!tc2y!tc2y6m!tc3y!tc3y6m!tc4y!tc5y6m!tc6y6m!tc7y6m!tc8y6 m

!tj1!tc15 -!tc21 -!tc26 -!tc31 -!tc36 -!tc41 -!tc57 -!tc67 -!tc77 -!tc87 -

!tj1!tc20!tc27!tc34!tc41!tc48!tc54!tc75!tc89!tc102!tc116

!w-

VI!tj1!tc13m!tc18m!tc2y!tc2y6m!tc3y!tc3y6m!tc4y6m!tc5y6m!tc6y6m!tc7y6 m

!tj1!tc12+ -!tc15 -!tc21 -!tc26 -!tc31 -!tc36 -!tc46 -!tc57 -!tc67 -!tc77 -

!tj1!tc14!tc20!tc27!tc34!tc41!tc48!tc61!tc75!tc89!tc102

!w-

V!tj1!tc9m!tc13m!tc15m!tc18m!tc2y2m!tc3y2m!tc4y!tc5y!tc6y!tc7y

!tj1!tc6 -!tc12+ -!tc13 -!tc15 -!tc22 -!tc33 -!tc41 -!tc51 -!tc62 -!tc72 -

!tj1!tc12!tc14!tc17!tc20!tc29!tc43!tc54!tc68!tc82!tc96

!w-

IV!tj1!tc6m!tc9m!tc13m!tc15m!tc18m!tc2y2m!tc3y2m!tc4y2m!tc5y2m!tc6y2m

!tj1!tc3 -!tc6 -!tc12+ -!tc13 -!tc15 -!tc22 -!tc33 -!tc43 -!tc53 -!tc63 -

!tj1!tc9!tc12!tc14!tc17!tc20!tc29!tc43!tc57!tc70!tc84

!w-

III!tj1!tc2m!tc5m!tc8m!tc11m!tc14m!tc20m!tc2y2m!tc3y2m!tc4y2m!tc5y

!tj1!tc1 -!tc3 -!tc4 -!tc9 -!tc12+ -!tc17 -!tc22 -!tc33 -!tc43 -!tc51 -

!tj1!tc3!tc8!tc12!tc12!tc16!tc22!tc29!tc43!tc57!tc68

!w-

II!tj1!tc!tc4m!tc6m!tc8m!tc13m!tc16m!tc20m!tc2y2m!tc3y2m!tc4y2m

!tj1!tc0!sc-,00190!tc2 -!tc3 -!tc4 -!tc12+ -!tc14 -!tc17 -!tc22 -!tc33 -!tc43 -

!tj1!tcDays!tc6!tc9!tc12!tc14!tc18!tc22!tc29!tc43!tc57

!w-

I!tj1!tr!tr!tc3m!tc4m!tc5m!tc8m!tc13m!tc16m!tc20m!tc2y2m

!tj1!tr0-60!tr0-90!tc2 -!tc2 -!tc3 -!tc4 -!tc12+ -!tc14 -!tc17 -!tc22 -

!tj1!tcDays!tcDays!tc5!tc6!tc8!tc12!tc14!tc18!tc22!tc29

!w-

@h3 !ixNOTE:!sc ,2Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.

(2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.

(3) The following additional times shall be added to the presumptive sentence if the offender or an accomplice was armed with a deadly weapon as defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice was armed with a deadly weapon and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive range determined under subsection (2) of this section:

!ix!il2,1!ih3,2(a) 24!sc ,1months for Rape 1 (RCW 9A.44.040), Robbery 1 (RCW 9A.56.200), or Kidnapping 1 (RCW 9A.40.020)

(b) 18!sc ,1months for Burglary 1 (RCW 9A.52.020)

(c) 12!sc ,1months for Assault 2 (RCW ((~~9A.36.020~~)) 9A.36.021), Escape 1 (RCW 9A.76.110), Kidnapping 2 (RCW 9A.40.030), Burglary 2 of a building other than a dwelling (RCW 9A.52.030), Theft of Livestock 1 or 2 (RCW 9A.56.080), or any drug offense.

(4) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of section 1 of this 1989 act.

!ix@la