AN ACT Relating to drug offenses; amending RCW 9.94A.360, 46.20.285, and 13.40.110; reenacting and amending RCW 9.94A.320; adding new sections to chapter 46.16 RCW; prescribing penalties; and providing an effective date.

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

Sec. 1. Section 1, chapter 99, Laws of 1989, section 102, chapter 271, Laws of 1989, section 1, chapter 405, Laws of 1989, section 3, chapter 412, Laws of 1989, and section 3, chapter 1, Laws of 1989 2nd ex. sess. and RCW 9.94A.320 are each reenacted and amended to read as follows:

TABLE 2

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

@lb!ix!tu5,10!ih12 !trXIV!tlAggravated Murder 1 (RCW 10.95.020)

!trXIII!tlMurder 1 (RCW 9A.32.030)

!tj1!tlHomicide by abuse (RCW 9A.32.055)

!trXII!tlMurder 2 (RCW 9A.32.050)

!trXI!tlAssault 1 (RCW 9A.36.011)

!trX!tlKidnapping 1 (RCW 9A.40.020)

!tj1!tlRape 1 (RCW 9A.44.040)

!tj1!tlRape of a Child 1 (RCW 9A.44.073)

!tj1!tlDamaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))

!tj1!tlOver 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)

!tj1!tlLeading Organized Crime (RCW 9A.82.060(1)(a))

!trIX!tlRobbery 1 (RCW 9A.56.200)

!tj1!tlManslaughter 1 (RCW 9A.32.060)

!tj1!tlExplosive devices prohibited (RCW 70.74.180)

!tj1!tlEndangering life and property by explosives with threat to human being (RCW 70.74.270)

!tj1!tlOver 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

!tj1!tlControlled Substance Homicide (RCW 69.50.415)

!tj1!tlSexual Exploitation((~~, Under 16~~)) (RCW 9.68A.040((~~(2)(a)~~)))

!tj1!tlInciting Criminal Profiteering (RCW 9A.82.060(1)(b))

!tj1!tlSelling heroin for profit (RCW 69.50.410)

!tj1!tlManufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

!tj1!tlManufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

!trVIII!tlArson 1 (RCW 9A.48.020)

!tj1!tlRape 2 (RCW 9A.44.050)

!tj1!tlRape of a Child 2 (RCW 9A.44.076)

!tj1!tlChild Molestation 1 (RCW 9A.44.083)

!tj1!tlPromoting Prostitution 1 (RCW 9A.88.070)

!tj1!tl((~~Selling heroin for profit (RCW 69.50.410)~~

!tj1!tl~~Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))~~

!tj1!tl~~Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))~~))

!tj1!tlVehicular Homicide, by being under the influence of intoxicating liquor or any drug or by the operation of any vehicle in a reckless manner (RCW 46.61.520)

!trVII!tlBurglary 1 (RCW 9A.52.020)

!tj1!tl Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

!tj1!tlIntroducing Contraband 1 (RCW 9A.76.140)

!tj1!tlIndecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

!tj1!tl((~~Sexual Exploitation, Under 18 (RCW 9.68A.040(2)(b))~~))

!tj1!tlDealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

!tj1!tlSending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

!tj1!tlInvolving a minor in drug dealing (RCW 69.50.401(f))

!trVI!tlBribery (RCW 9A.68.010)

!tj1!tlManslaughter 2 (RCW 9A.32.070)

!tj1!tlChild Molestation 2 (RCW 9A.44.086)

!tj1!tlIntimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

!tj1!tlDamaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))

!tj1!tlEndangering life and property by explosives with no threat to human being (RCW 70.74.270)

!tj1!tlIndecent Liberties (without forcible compulsion) (RCW 9A.44.100(1)(b) and (c))

!tj1!tlIncest 1 (RCW 9A.64.020(1))

!tj1!tlSelling for profit (controlled or counterfeit) any controlled substance (except heroin) (RCW 69.50.410)

!tj1!tlManufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))

!tj1!tlIntimidating a Judge (RCW 9A.72.160)

!tj1!tlBail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

!trV !tlCriminal Mistreatment 1 (RCW 9A.42.020)

!tj1!tlRape 3 (RCW 9A.44.060)

!tj1!tlKidnapping 2 (RCW 9A.40.030)

!tj1!tlExtortion 1 (RCW 9A.56.120)

!tj1!tlIncest 2 (RCW 9A.64.020(2))

!tj1!tlPerjury 1 (RCW 9A.72.020)

!tj1!tlExtortionate Extension of Credit (RCW 9A.82.020)

!tj1!tlAdvancing money or property for extortionate extension of credit (RCW 9A.82.030)

!tj1!tlExtortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

!tj1!tlRendering Criminal Assistance 1 (RCW 9A.76.070)

!tj1!tlBail Jumping with class A Felony (RCW 9A.76.170(2)(b))

!tj1!tlDelivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

!trIV!tlResidential Burglary (RCW 9A.52.025)

!tj1!tlTheft of Livestock 1 (RCW 9A.56.080)

!tj1!tlRobbery 2 (RCW 9A.56.210)

!tj1!tlAssault 2 (RCW 9A.36.021)

!tj1!tlEscape 1 (RCW 9A.76.110)

!tj1!tlArson 2 (RCW 9A.48.030)

!tj1!tlRape of a Child 3 (RCW 9A.44.079)

!tj1!tlBribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

!tj1!tlMalicious Harassment (RCW 9A.36.080)

!tj1!tlThreats to Bomb (RCW 9.61.160)

!tj1!tlWillful Failure to Return from Furlough (RCW 72.66.060)

!tj1!tlHit and Run -- Injury Accident (RCW 46.52.020(4))

!tj1!tlVehicular Assault (RCW 46.61.522)

!tj1!tlManufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401(a)(1)(ii) through (iv))

!tj1!tlInfluencing Outcome of Sporting Event (RCW 9A.82.070)

!tj1!tlUse of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

!tj1!tlKnowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

!trIII !tlCriminal mistreatment 2 (RCW 9A.42.030)

!tj1!tlSexual Misconduct with a Minor 1 (RCW 9A.44.093)

!tj1!tlChild Molestation 3 (RCW 9A.44.089)

!tj1!tlExtortion 2 (RCW 9A.56.130)

!tj1!tlUnlawful Imprisonment (RCW 9A.40.040)

!tj1!tlAssault 3 (RCW 9A.36.031)

!tj1!tlCustodial Assault (RCW 9A.36.100)

!tj1!tlUnlawful possession of firearm or pistol by felon (RCW 9.41.040)

!tj1!tlHarassment (RCW 9A.46.020)

!tj1!tlPromoting Prostitution 2 (RCW 9A.88.080)

!tj1!tlWillful Failure to Return from Work Release (RCW 72.65.070)

!tj1!tlBurglary 2 (RCW 9A.52.030)

!tj1!tlIntroducing Contraband 2 (RCW 9A.76.150)

!tj1!tl Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

!tj1!tlPatronizing a Juvenile Prostitute (RCW 9.68A.100)

!tj1!tlEscape 2 (RCW 9A.76.120)

!tj1!tlPerjury 2 (RCW 9A.72.030)

!tj1!tlBail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

!tj1!tlIntimidating a Public Servant (RCW 9A.76.180)

!tj1!tlTampering with a Witness (RCW 9A.72.120)

!tj1!tlManufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(ii))

!tj1!tlDelivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

!tj1!tlManufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

!tj1!tlRecklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

!tj1!tlTheft of livestock 2 (RCW 9A.56.080)

!tj1!tlSecurities Act violation (RCW 21.20.400)

!trII!tlMalicious Mischief 1 (RCW 9A.48.070)

!tj1!tlPossession of Stolen Property 1 (RCW 9A.56.150)

!tj1!tlTheft 1 (RCW 9A.56.030)

!tj1!tlPossession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))

!tj1!tlPossession of phencyclidine (PCP) (RCW 69.50.401(d))

!tj1!tlCreate, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

!tj1!tlComputer Trespass 1 (RCW 9A.52.110)

!tj1!tlReckless Endangerment 1 (RCW 9A.36.045)

!trI!tlTheft 2 (RCW 9A.56.040)

!tj1!tlPossession of Stolen Property 2 (RCW 9A.56.160)

!tj1!tlForgery (RCW 9A.60.020)

!tj1!tl Taking Motor Vehicle Without Permission (RCW 9A.56.070)

!tj1!tlVehicle Prowl 1 (RCW 9A.52.095)

!tj1!tl Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

!tj1!tlMalicious Mischief 2 (RCW 9A.48.080)

!tj1!tlReckless Burning 1 (RCW 9A.48.040)

!tj1!tlUnlawful Issuance of Checks or Drafts (RCW 9A.56.060)

!tj1!tlUnlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

!tj1!tlFalse Verification for Welfare (RCW 74.08.055)

!tj1!tlForged Prescription (RCW 69.41.020)

!tj1!tlForged Prescription for a Controlled Substance (RCW 69.50.403)

!tj1!tlPossess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))

!ix@la

Sec. 2. Section 103, chapter 271, Laws of 1989 and RCW 9.94A.360 are each amended to read as follows:

The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:

The offender score is the sum of points accrued under this section rounded down to the nearest whole number.

(1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.400.

(2) Except as provided in subsection (4) of this section, class A prior felony convictions shall always be included in the offender score. Class B prior felony convictions shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without being convicted of any felonies. Class C prior felony convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without being convicted of any felonies. Serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without being convicted of any serious traffic or felony traffic offenses. This subsection applies to both adult and juvenile prior convictions.

(3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law.

(4) Include class A juvenile felonies only if the offender was 15 or older at the time the juvenile offense was committed. Include class B and C juvenile felony convictions only if the offender was 15 or older at the time the juvenile offense was committed and the offender was less than 23 at the time the offense for which he or she is being sentenced was committed.

(5) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.

(6) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:

(a) Prior adult offenses which were found, under RCW 9.94A.400(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently whether those offenses shall be counted as one offense or as separate offenses, and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used;

(b) Juvenile prior convictions entered or sentenced on the same date shall count as one offense, the offense that yields the highest offender score; and

(c) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. Use the conviction for the offense that yields the highest offender score.

(7) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense.

(8) If the present conviction is for a nonviolent offense and not covered by subsection (12) or (13) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and 1/2 point for each juvenile prior nonviolent felony conviction.

(9) If the present conviction is for a violent offense and not covered in subsection (10), (11), (12), or (13) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.

(10) If the present conviction is for Murder 1 or 2, Assault 1, Kidnaping 1, Homicide by Abuse, or Rape 1, count three points for prior adult and juvenile convictions for crimes in these categories, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.

(11) If the present conviction is for Burglary 1, count prior convictions as in subsection (9) of this section; however count two points for each prior adult Burglary 2 conviction, and one point for each prior juvenile Burglary 2 conviction.

(12) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense or serious traffic offense, count one point for each adult and 1/2 point for each juvenile prior conviction.

(13) If the present conviction is for a drug offense count ((~~three~~)) four points for each adult prior felony drug offense conviction and ((~~two~~)) three points for each juvenile drug offense. All other adult and juvenile felonies are scored as in subsection (9) of this section if the current drug offense is violent, or as in subsection (8) of this section if the current drug offense is nonviolent.

(14) If the present conviction is for Willful Failure to Return from Furlough, RCW 72.66.060, or Willful Failure to Return from Work Release, RCW 72.65.070, count only prior escape convictions in the offender score. Count adult prior escape convictions as one point and juvenile prior escape convictions as 1/2 point.

(15) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions as 1/2 point.

(16) If the present conviction is for Burglary 2, count priors as in subsection (8) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 conviction, and one point for each juvenile prior Burglary 2 conviction.

(17) If the present conviction is for an offense committed while the offender was under community placement, add one point.

NEW SECTION. Sec. 3. A new section is added to chapter 46.16 RCW to read as follows:

(1) Upon receipt of a report from any court in the state of a conviction of any violation of RCW 69.50.401(a)(1) (i) through (iv), then the department shall cancel the registration and license plates of any vehicle registered to the convicted person. The cancellation remains in effect until another qualified person registers the vehicle.

(2) For purposes of this section, cancellation means that the existing registration and license plates shall be canceled and no new registration and license plates may be issued for the vehicle, if the arrested driver is the owner of the vehicle. Cancellation takes effect beginning sixty days after notice of conviction is received, or at the time the cancellation is sustained by a hearing held under section 5 of this act, whichever occurs first.

(3) No cancellation under this section affects the right of any person to transfer or acquire title in the vehicle, or the right of any person other than the arrested driver to become the registered owner of the vehicle.

NEW SECTION. Sec. 4. A new section is added to chapter 46.16 RCW to read as follows:

No cancellation under section 3 of this act is effective until the department or a law enforcement officer acting on its behalf notifies the convicted person in writing by personal service, by certified mail, or by first class mail addressed to that driver's last known vehicle registration address of record with the department, of the department's intention to cancel registration and the license plates together with the grounds therefor and allows the driver a fifteen-day period to request in writing that the department provide a hearing as provided in section 5 of this act. The notice shall specify the steps the driver must take to obtain a hearing. If no written request for a hearing is received by the department within fifteen days from the date of notification, the order of the department becomes effective as provided in section 3 of this act. If a request for a hearing is filed in time, the department shall give the driver an opportunity for a hearing as provided in section 5 of this act, and the cancellation will not be effective until a final determination has been made by the department.

NEW SECTION. Sec. 5. A new section is added to chapter 46.16 RCW to read as follows:

(1) Administrative hearings held to determine the propriety of any registration cancellation imposed under section 3 of this act shall be in accordance with rules adopted by the director.

(2) The department shall fix a time, no more than sixty days after notice of conviction is received, and place for a hearing to be held in the county in which the conviction occurred. The hearing may be set for some other county by agreement between the department and the driver.

(3) The department shall give the driver at least twenty days advance notice of the time and place of hearing, but the period of notice may be waived by the driver. Every party has the right of cross-examination of any witness who testifies and has the right to submit rebuttal evidence.

NEW SECTION. Sec. 6. A new section is added to chapter 46.16 RCW to read as follows:

(1) If the cancellation under section 3 of this act is sustained at the hearing held under section 5 of this act, the driver whose vehicle registration is canceled has the right to file a petition in the superior court of the county of conviction for review of the final order of cancellation by the department. The petition shall be filed within ten days following receipt by the person of the department's final order, or the right to appeal is deemed to have been waived. The review shall be conducted by the court without a jury, and shall be de novo.

(2) The filing of the appeal does not stay the effective date of the cancellation.

(3) The court may affirm the department's decision or reverse the department's order of cancellation.

(4) The actual costs of preparing and transmitting the record to superior court shall be borne by the petitioner and awarded by the court to the department if the department's decision is affirmed. The costs shall be borne by the department if the department's decision is reversed.

NEW SECTION. Sec. 7. A new section is added to chapter 46.16 RCW to read as follows:

(1) The director or the director's designee shall administer and enforce sections 3 through 6 of this act.

(2) The director may adopt such rules and prescribe and provide such forms as may be necessary to carry out sections 3 through 6 of this act.

Sec. 8. Section 24, chapter 121, Laws of 1965 ex. sess. as last amended by section 2, chapter 407, Laws of 1985 and RCW 46.20.285 are each amended to read as follows:

The department shall forthwith revoke the license of any driver for the period of one calendar year unless otherwise provided in this section, upon receiving a record of the driver's conviction of any of the following offenses, when the conviction has become final:

(1) For vehicular homicide the period of revocation shall be two years;

(2) Vehicular assault;

(3) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders him incapable of safely driving a motor vehicle, upon a showing by the department's records that the conviction is the second such conviction for the driver within a period of five years. Upon a showing that the conviction is the third such conviction for the driver within a period of five years, the period of revocation shall be two years;

(4) Any felony in the commission of which a motor vehicle is used;

(5) Failure to stop and give information or render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;

(6) Perjury or the making of a false affidavit or statement under oath to the department under Title 46 RCW or under any other law relating to the ownership or operation of motor vehicles;

(7) Reckless driving upon a showing by the department's records that the conviction is the third such conviction for the driver within a period of two years;

(8) Any violation of RCW 69.50.401(a)(1) (i) through (iv).

Sec. 9. Section 65, chapter 291, Laws of 1977 ex. sess. as last amended by section 18, chapter 145, Laws of 1988 and RCW 13.40.110 are each amended to read as follows:

(1) The prosecutor, respondent, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting the court to transfer the respondent for adult criminal prosecution and the matter shall be set for a hearing on the question of declining jurisdiction. Unless waived by the court, the parties, and their counsel, a decline hearing shall be held where:

(a) The respondent is sixteen or seventeen years of age and the information alleges a class A felony ((or)), an attempt to commit a class A felony, or a violation of RCW 69.50.401(a)(1) (i) or (ii); or

(b) The respondent is seventeen years of age and the information alleges assault in the second degree, extortion in the first degree, indecent liberties, rape of a child in the second degree, child molestation in the first or second degree, kidnapping in the second degree, rape in the second degree, or robbery in the second degree.

(2) The court after a decline hearing may order the case transferred for adult criminal prosecution upon a finding that the declination would be in the best interest of the juvenile or the public. The court shall consider the relevant reports, facts, opinions, and arguments presented by the parties and their counsel.

(3) When the respondent is transferred for criminal prosecution or retained for prosecution in juvenile court, the court shall set forth in writing its finding which shall be supported by relevant facts and opinions produced at the hearing.

NEW SECTION. Sec. 10. This act shall take effect July 1, 1990.