5451-S2.E AMH VANC SHEL 04 [04]

E2SSB 5451 - H AMDS TO H AMD (5451-S2.E AMH .... H2634.1)

By Representative Vance

On page 11, line 6, after "section" insert "and section 3 of this act"

On page 23, after line 37, insert the following section:

"NEW SECTION. Sec. 3. A new section is added to chapter 9.94A RCW to read as follows:

(1) A person convicted of a sexually violent offense shall be sentenced to a term of total confinement of life imprisonment without the possibility of release, community custody, or parole if the court finds beyond a reasonable doubt, at a special sentencing proceeding following conviction, that the person is a sexually violent predator. The court shall not impose a sentence less than life imprisonment without the possibility of release, community custody, or parole unless the court finds that mitigating circumstances exist which warrant a lesser sentence pursuant to RCW 9.94A.390, in which case the court shall impose a determinate sentence which in no case shall be less than a determinate term within the standard range for the offense.

(2) If a person is charged with a sexually violent offense the prosecutor shall file written notice if the prosecutor intends to ask the court to find that the defendant is a sexually violent predator and to sentence the defendant to life imprisonment without the possibility of release, community custody, or parole. The prosecutor shall serve the defendant and the defendant's attorney with the notice within thirty days after the defendant's arraignment on the charge. Except with the consent of the prosecutor, during the period in which the prosecutor may file the notice of the special sentencing proceeding, the defendant may not tender a plea of guilty to the sexually violent offense nor may the court accept a plea of guilty to the charge. If the notice of the special sentencing proceeding is not filed and served as provided in this subsection, the prosecutor may not seek and the court may not make a finding that the defendant is a sexually violent predator. A defendant who is convicted of a sexually violent offense but is not found to be a sexually violent predator shall be sentenced according to the remaining provisions of this chapter. Nothing in this section shall prohibit the court from sentencing a defendant who is convicted of a sexually violent offense but who is not found to be a sexually violent predator to life imprisonment without the possibility of release, community custody, or parole, under other applicable sentencing provisions in this chapter.

(4) The following definitions apply throughout this section:

(a) "Sexually violent predator" means any person who has been convicted of a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence.

(b) "Mental abnormality" means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to the commission of criminal sexual acts in a degree constituting such person a menace to the health and safety of others.

(c) "Predatory" means acts directed towards strangers or individuals with whom a relationship has been established or promoted for the primary purpose of victimization.

(d) "Sexually violent offense" means an act committed on or after the effective date of this section, that is: (a) An act defined in Title 9A RCW as rape in the first degree, rape in the second degree by forcible compulsion, rape of a child in the first or second degree, statutory rape in the first or second degree, indecent liberties by forcible compulsion, indecent liberties against a child under age fourteen, incest against a child under age fourteen, or child molestation in the first or second degree; or (b) an act of murder in the first or second degree, assault in the first or second degree, assault of a child in the first or second degree, kidnapping in the first or second degree, burglary in the first degree, residential burglary, or unlawful imprisonment, which has been determined beyond a reasonable doubt to have been sexually motivated, as that term is defined in RCW 9.94A.030; or (c) an act as described in chapter 9A.28 RCW, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the felonies designated in (a) or (b) of this subsection."

On page 29, after line 2, insert the following section:

"Sec. 7. RCW 9A.20.021 and 1982 c 192 s 10 are each amended to read as follows:

(1) Felony. No person convicted of a classified felony shall be punished by confinement or fine exceeding the following:

(a) For a class A felony, by confinement in a state correctional institution for a term of life imprisonment, or by a fine in an amount fixed by the court of fifty thousand dollars, or by both such confinement and fine;

(b) For a class B felony, by confinement in a state correctional institution for a term of ten years, or by a fine in an amount fixed by the court of twenty thousand dollars, or by both such confinement and fine;

(c) For a class C felony, by confinement in a state correctional institution for five years, or by a fine in an amount fixed by the court of ten thousand dollars, or by both such confinement and fine.

(d) For a class A, B, or C felony that is classified as a sexually violent offense as defined in section 3 of this act, by confinement in a state correctional facility for a term of life imprisonment without release, community custody, or parole, or by a fine in an amount fixed by the court of fifty thousand dollars, or by both. This subsection applies only to those sexually violent offenses committed on or after the effective date of this section.

(2) Gross misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.

(3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine.

(4) This section applies to only those crimes committed on or after July 1, 1984."

On page 35, after line 20, insert the following section:

"NEW SECTION. Sec. 15. Sections 3 and 7 of this act shall not take effect unless the Washington State Supreme Court in a final decision holds that civil commitment of sexually violent predators under chapter 71.09 RCW is unconstitutional. If the Washington State Supreme Court holds in a final decision that civil commitment of sexually violent predators under chapter 71.09 RCW is unconstitutional, sections 3 and 7 shall take effect on the date that the Washington Supreme Court issues its final decision. Sections 3 and 7 of this act shall apply to all sexually violent crimes committed on or after the effective date of sections 3 and 7."