HOUSE BILL ANALYSIS
HB 1544
Title: An act relating to sentencing of offenders.
Brief Description: Making corrections to sentencing laws.
Sponsors:
Representatives O'Brien, Ballasiotes, Kastama, Cairnes and Keiser; by request
of Sentencing Guidelines Commission.
HOUSE
COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS
Staff:
Yvonne Walker (786-7841).
Background:
1. The Crimes of Murder in the Second Degree
and Setting off Explosives. The 1997 Legislature enacted two bills
affecting sentencing at seriousness level XIII. The unintended interaction of
the two bills has created an inconsistency with the state=s current statute.
Senate Bill 5938 (Chapter 365 of the Laws of 1997),
brought the upper end of the sentence range for second degree murder closer to
the lower end of the sentence range for first degree murder, reflecting the sometimes
slight difference in mental state between the two degrees (premeditation).
However, pursuant to the state=s current statute, where the maximum term of a
standard sentence range is more than one year, the minimum term in the range
cannot be less than 75 percent of the maximum term. The minimum term of the
new range created by the 1997 Legislature in Senate Bill 5938 was less than 75
percent of the maximum and, as a result, Senate Bill 5938 was amended to allow
that in the particular case of second degree murder, the minimum term must be
no less than 50 percent of the maximum term.
Meanwhile, the Legislature also passed Substitute
House Bill 1069 (Chapter 120 of the Laws 1997) which amended felony statutes
relating to explosives and placed the new explosive offenses at a seriousness
level XIII with second degree murder. However, the Legislature did not change
the sentence ranges for the explosive offenses in level XIII to comply with the
75 percent rule where the maximum term of a standard sentence range is more
than one year, then the minimum term in the range cannot be less than 75
percent of the maximum term.
Because
Senate Bill 5938 exempted second degree murder from the 75 percent width rule
within seriousness level XIII, that ratio continues to apply to the two
explosive offenses (Malicious Explosion 2 and Malicious Placement of an
Explosive 1). Since all three crimes (murder 2, malicious explosion 2, and
malicious placement of an explosive 1) ended up in the same level XIII
seriousness level, the unintended interaction of several of the bills passed in
1997 has created an inconsistency with the state=s current
statute.
2.
Distribution of Methamphetamine to Persons under 18 Years Old. The 1996
Legislature enacted Substitute House bill 2339 (Chapter 205 of the Laws of
1996), amending the Uniform Controlled Substances Act to increase the penalty
for distributing methamphetamine to persons under age 18. However, the
Legislature neglected to amend the Sentencing Reform Act grid to change the
seriousness level for the offense from a seriousness level IX to a seriousness
level X, which is necessary to allow for imposition of the appropriate sentence
range for that offense.
3.
Sex Offender and Kidnapper Registration. In 1997, the Legislature passed
legislation requiring certain kidnappers to register and made it a felony not
to register. However, since the registration procedure that had applied before
only related to sex offenders, failure to register was itself a sex offense.
As a result, a kidnapper who now fails to register is deemed to have committed
a sex offense, irrespective of whether the kidnaping was sexually motivated.
The crime of a kidnapper failing to register is a sex offense in all cases.
4.
Manslaughter as a Serious Violent Offense. Under the Sentencing Reform
Act, manslaughter in the first degree is committed when a person recklessly
causes the death of another person or intentionally and unlawfully kills an
unborn child by assaulting the mother. In 1997, first degree manslaughter was
increased from a class B felony to a class A felony and it was also added to
the list of "serious violent offenses."
"Serious
violent offense" is a subcategory of violent offense and, prior to 1997,
the list of serious violent offenses included the following eight crimes:
aggravated murder in the first degree; homicide by abuse; murder in the second
degree; manslaughter in the first degree; assault in the first degree;
kidnaping in the first degree, or rape in the first degre; assault of a child
in the first degree, or an attempt, criminal solicitation, or criminal
conspiracy to commit one of these felonies; or any federal or out-of-state
conviction for an offense that under the laws of this state would be a felony
classified as a serious violent offense.
The
Sentencing Reform Act states that prior convictions of any of the Aserious violent@ offenses listed above count as three points in the
offender score when the current offense is one of the eight Aserious violent@ offenses. The 1997 law made manslaughter in the
first degree a "serious violent" offense, but did not require scoring
this serious violent offense as three points on the sentencing grid which is
required in all other cases. As a result, prior convictions of first degree
manslaughter do not currently count as three points in the offender score when
the current offense is one of the eight enumerated Aserious violent@ offenses, and conversely, prior convictions of any
of the eight enumerated Aserious violent@ offenses do
not currently count as three points in the offender score when sentencing first
degree manslaughter as the current offense.
5.
DUI-related Vehicular Homicides. In 1998, the Legislature enacted
Engrossed Substitute Senate Bill 6166 (Chapter 211 of the Laws of 1998) to
increase the penalties for driving while under the influence. The bill amended
the motor vehicle statute to add a two-year enhancement for each prior DUI
(driving under the influence)-related offense when the current offense is
vehicular homicide while under the influence.
The
same bill also amended the Sentencing Reform Act statute to exclude prior
DUI-related convictions from consideration in the computation of the offender
score when the current offense is vehicular homicide while under the influence
(because each prior DUI-related conviction should already result in a two year
sentence enhancement). The language in the bill had an unintended effect of
preventing the consideration of prior non-DUI-related serious traffic offenses
when computing the score for the current offense of vehicular homicide while
under the influence. The result is that some offenders convicted of vehicular
homicide while under the influence will find it to their advantage if they have
a DUI-related conviction in their criminal history.
6.
Multiple Weapon Offenses. In 1998, the Legislature enacted Engrossed
Senate Bill 5695 (Chapter 235 of the Laws of 1998), clarifying how sentences
for weapon-related offenses are to be served, with relation to concurrent and
consecutive sentences, to sentence enhancements, to earned early release time,
and to statutory maximum sentences. The bill amended the Sentencing Reform Act
to provide that sentences shall be served consecutively for the multiple
offenses of unlawful possession of a firearm in the first or second degree and
possession of a stolen firearm or theft of a firearm, but that current
weapon-related offenses may not be considered in criminal history when
calculating the offender score to determine the sentence range. The language
of the bill had an unintended effect of preventing the consideration of any
current offense when calculating the offender score.
Summary:
This
bill makes a number of technical corrections to the state=s sentencing laws.
1.
Murder in the Second Degree. A conflict is resolved between two 1997
laws (Chapter 365 and 120) by creating a new seriousness level in the
sentencing grid for Murder 2 with the same range set in 1997.
A
new seriousness level XIV is created for Murder 2 with the same ranges set in
1997, but separate from the new (explosive) crimes added to level XIII in
1997. This clarifies the Sentencing Reform Act rule that requires the minimum
term of a presumptive range to be no less than 75 percent of the maximum term
except in cases of murder in the second degree. In these particular cases the
minimum term must be no less than 50 percent of the maximum term.
2.
Distribution of Methamphetamine to Persons under 18 Years Old. Delivering
methamphetamine to someone under the age of 18 is included in the Sentencing
Reform Act grid at a seriousness level X allowing it to be consistent with
legislation passed in 1996.
3.
Sex Offender and Kidnapper Registration. The failure of a kidnaping
offender to register will not be a sex offense unless the kidnaping was
sexually motivated. This amendment still makes it a felony for a kidnapper not
to register, but not as a sex offense (unless the kidnaping was sexually
motivated).
4.
Manslaughter as a Serious Violent Offense. The triple scoring rule is
applied to manslaughter in the first degree, the same as the other serious
violent offenses. Rather than listing the offenses individually, the bill
replaces the list of specific crimes with a reference to "serious violent
offenses," so triple-scoring will be automatic for any crimes added to the
"serious violent" list in the future. The new wording will ensure
that any other offenses added to the Aserious violent@ category in
the future will score three points in the offender=s history when determining the sentence range.
5.
DUI-related Vehicular Homicides. Prior DUI-related convictions may not
be considered when computing the offender score for the current offense of
vehicular homicide while under the influence (because a two-year sentence
enhancement will result from each prior DUI-related offense), but other prior
non-DUI-related serious traffic offenses (which are misdemeanors) will continue
to be included in the offender score when the current offense is vehicular
homicide while under the influence.
6.
Multiple Weapon Offenses. All current offenses, other than current
weapon-related offenses, are considered as prior offenses when calculating an
offender=s score to determine the sentences for multiple
weapon-related offenses.
Fiscal
Note: Requested on February 2,
1999.