HOUSE BILL ANALYSIS

HB 1347

Title:  An act relating to sentencing for certain criminal acts.

Brief Description:  Clarifying sentencing requirements for certain crimes.

Sponsors:  Representatives O'Brien, Ballasiotes, Kastama, Cairnes, Ogden, Radcliff, Kessler and McDonald; by request of Sentencing Guidelines Commission.

HOUSE COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS

Staff:  Jean Ann Quinn (786-7310).

Background:

Unranked Offenses.  The state=s sentencing guidelines provide a classification of most felonies by their Aseriousness level,@ from Level I, punishable by 0 days to 29 months imprisonment, to Level XV, punishable by life imprisonment without parole or by death.  An adult offender is also assigned an Aoffender score,@ based on a number of factors, including prior convictions.  The seriousness level of the crime and the offender score determine what sentence the offender will receive, unless the court determines that the conditions for imposing an exceptional sentence are met.

AUnranked@ felonies are those offenses that are not assigned a seriousness level.  The standard sentence range for an unranked felony is 0-12 months, unless the court finds that there are substantial and compelling reasons for imposing an exceptional sentence.  In 1997, the Legislature directed the Sentencing Guidelines Commission to review conviction data for the previous 10 years and submit a proposed bill that appropriately ranked all unranked felony offenses for which there had been convictions.  The commission proposed a bill in 1998, but the legislation was not enacted.

Theft of Rental or Leased Property.  Theft of rental, leased, or lease-purchased property is a class B felony (ranked seriousness level II) if the property is valued at $1,500 or more and a class C felony (ranked seriousness level I) if the property is valued between $250 and $1,500.

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Malicious Injury to Railroad Property.  The crime of malicious injury to railroad property occurs when a person endangers the safety of any railroad property or person thereon, and is currently punishable by up to 25 years imprisonment.  Because it is considered a class A felony, it also falls within the definition of Amost serious offense@ for the purposes of the persistent offender (A3 strikes@) legislation.

Incendiary Devices.  An incendiary device is a device or material that is capable of supplying ignition and/or fuel for a fire and is designed to be used as an instrument of wilful destruction.  To Adispose of@ an incendiary device means to give, give away, loan, offer, offer for sale, sell, or transfer such a device.  Anyone who knowingly possesses, manufactures, or disposes of an incendiary device is guilty of a felony, punishable by up to 25 years imprisonment.  Because it is considered a class A felony, it also falls within the definition of Amost serious offense@ for the purposes of the persistent offender (A3 strikes@) legislation.

Alphabetization.  Currently, the crimes within each seriousness level in the Sentencing Reform Act are not listed in any particular order.

Summary:

Unranked Offenses:  The following currently unranked felony offenses are ranked at the seriousness levels noted:

!Level VII (15-116 months):Use of a Machine Gun in the Commission of a Felony                                          (RCW 9.41.225).

!Level V (6-96 months):Stalking (RCW 9A.46.110).

No-Contact Order Violation:  Domestic Violence Pretrial Condition (RCW 10.99.040(4)(b) and (c)).

No-Contact Order Violation:  Domestic Violence Sentence Condition (RCW 10.99.050(2)).

Protection Order Violation:  Domestic Violence Civil Action (RCW 26.50.110 (4) and (5)).

!Level IV (3-84 months):Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010).

!Level III (1-68 months):Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6)).

Malicious Injury to Railroad Property (RCW 81.60.070).

Possession of Incendiary Device (RCW 9.40.120).

Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.61.190).

Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230).

Unlawful Use of Building for Drug Purposes (RCW 69.53.010).

Theft of Rental or Leased Property (technical change only):  Class B Felony Theft of Rental, Leased, or Lease-purchased Property (RCW 9A.56.096(4)) is redesignated ATheft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more)@ and Class C Felony Theft of Rental, Leased, or Lease-purchased Property (RCW 9A.56.096(4)) is redesignated ATheft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars)."  The seriousness level for each of these crimes is not changed.

Malicious Injury to Railroad Property.  The penalty for malicious injury to railroad property is reduced from a maximum of 25 years to a maximum of 10 years imprisonment, which also removes it from the definition of Amost serious offense.@

Incendiary Devices C Penalty.  The penalty for the felony of possessing, manufacturing, or disposing of an incendiary device is reduced from a maximum of 25 years to a maximum of 10 years imprisonment, which also removes it from the definition of Amost serious offense.@

Alphabetization.  The Code Reviser is required to alphabetize the offenses within each seriousness level. 

Fiscal Note:  Available.

Effective Date:  This act contains an emergency clause and takes effect July 1, 1999.  Applies to offenses committed on or after July 1, 1999.