SENATE BILL REPORT

                   SB 6182

              As Reported By Senate Committee On:

                  Judiciary, January 28, 2000

Title:  An act relating to the effect of changes in law on sentencing provisions.

Brief Description:  Specifying the effect that changes in law will have on sentencing provisions.

Sponsors:  Senators McCaslin and Costa.

Brief History:

Committee Activity:  Judiciary:  1/26/2000, 1/28/2000 [DPS].

SENATE COMMITTEE ON JUDICIARY

Majority Report:  That Substitute Senate Bill No. 6182 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Goings, Hargrove, Haugen, Roach and Thibaudeau.

Staff:  Aldo Melchiori (786-7439)

Background:  In 1990, the Sentencing Reform Act was amended to eliminate sex offenses from the washout provisions.  In State v. Cruz, the Washington Supreme Court held that the 1990 amendment applies prospectively only.  Previously washed out convictions were not revived by the amendment.

Summary of Substitute Bill:  Any sentence imposed under the Sentencing Reform Act is determined using the law in effect when the current offense was committed.

Substitute Bill Compared to Original Bill:  The original bill was not considered.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This clarifies, for the court, the Legislature=s intent when new sentencing provisions are enacted.

Testimony Against:  None.

Testified:  PRO:  Tom McBride, Seth Fine, WA Association of Prosecuting Attorneys.