S-1500.1                   _______________________________________________

                                            SUBSTITUTE SENATE BILL 5491

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Niemi and A. Smith)

Read first time 02/19/93.

Creating a task force on sentencing disparities.

          AN ACT Relating to sentencing; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1.  A task force on sentencing disparities is created to study the relationship between penalties for misdemeanors, gross misdemeanors, and felonies.  The objectives of the task force are to:

          (1) Compare the penalties for conviction of misdemeanors and gross misdemeanors with the penalties for conviction of felonies with a standard range of zero to twelve months;

          (2) Determine whether disparities exist between sentencing at the misdemeanor and gross misdemeanor level and the felony level;

          (3) If sentencing disparities are found, determine whether the disparities reflect differing conduct, differing treatment of criminal history, or other factors; and

          (4) Recommend whether legislative action is necessary to ensure proportionality between the penalties for misdemeanors, gross misdemeanors, and felonies.

NEW SECTION. Sec. 2.  The task force shall submit a report to the senate law and justice committee, the house of representatives judiciary committee, and the governor with its findings and any recommendations for legislation not later than December 15, 1993.

NEW SECTION. Sec. 3.  (1) The task force shall have fourteen members consisting of the following:

          (a) The speaker of the house of representatives shall appoint two members, one from each political party;

          (b) The president of the senate shall appoint two members, one from each political party;

          (c) Two district court judges and two municipal court judges selected by the district and municipal court judges association;

          (d) Two prosecuting attorneys selected by the Washington association of prosecuting attorneys;

          (e) Two attorneys with substantial experience representing defendants in municipal, district, and superior court criminal cases, one selected by the Washington association of criminal defense lawyers and one selected by the Washington defender association; and

          (f) Two members who are the chief law enforcement officers of a county or city, selected by the Washington association of sheriffs and police chiefs.

          (2) Organizations which select more than one member shall make a reasonable effort to ensure that the members are representative of both large and small jurisdictions.

          (3) The members of the task force shall select a chair or cochairs from among the membership of the task force.

          (4) The task force shall consult with any other interested parties necessary to achieve the objectives of the task force.

          (5) Staff for the task force shall be provided by the law and justice committee of the senate and the judiciary committee of the house of representatives.

NEW SECTION. Sec. 4.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

                                                           --- END ---