HOUSE BILL ANALYSIS
HB 1860
Title: An act relating to removing robbery 2 from the "three strikes" list.
Brief Description: Removing robbery 2 from the "three strikes" list.
Sponsors: Representatives Koster, Constantine, Cairnes, Hurst, Hatfield, Lovick, Barlean, Dickerson, Lantz, Quall, Veloria, Wood, Kagi and Thomas.
HOUSE COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS
Staff: Yvonne Walker (786-7841).
Background:
The criminal offense of robbery in the second degree is the unlawful taking of property (without a deadly weapon or firearm) by use or threat of force or fear of injury. Robbery in the second degree is a seriousness level IV, class B felony. A person with no criminal history would receive a presumptive range of three to nine months in jail.
Under what is commonly referred to as the "Three Strikes and You're Out" law, a persistent offender is subject to a sentence of life imprisonment. A person is considered a "persistent offender" if he or she commits three most serious offenses. A "most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies:
$any felony defined under any law as a class A felony;
$assault in the second degree;
$assault of a child in the second degree;
$child molestation in the second degree;
$controlled substance homicide;
$extortion in the first degree;
$incest when committed against a child under age 14;
$indecent liberties;
$kidnapping in the second degree;
$leading organized crime;
$manslaughter in the first degree;
$manslaughter in the second degree;
$promoting prostitution in the first degree;
$rape in the third degree;
$robbery in the second degree;
$sexual exploitation;
$vehicular assault;
$any other class B felony offense with a finding of sexual motivation; and
$any other felony with a deadly weapon verdict.
Summary:
The offense of robbery in the second degree is deleted from the list of Amost serious offenses.@ This offense will no longer count as a strike under the "Three Strikes and You're Out" law.
Fiscal Note: Available.
Effective Date: Ninety days after adjournment of session in which bill is passed.
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