S-3420.2  _______________________________________________

                         SENATE BILL 6182

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State of Washington      56th Legislature     2000 Regular Session

By Senators McCaslin and Costa

Read first time 01/10/2000.  Referred to Committee on Judiciary.

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

    AN ACT Relating to the effect of changes in law on sentencing provisions; adding a new section to chapter 9.94A RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  This act is intended to cure any ambiguity that might have led to the Washington supreme court's decision in State v. Cruz, Cause No. 67147-8 (October 7, 1999).  It is intended that prior convictions committed by an individual, unless the prior conviction is vacated pursuant to RCW 9.94A.230 or some similar statute, remain part of the individual's criminal history.  A decision as to whether a prior conviction shall be included in an individual's offender score should be determined by the law in effect on the day the current offense was committed.  This act is also intended to clarify the applicability of statutes creating new sentencing alternatives or modifying the availability of existing alternatives.

NEW SECTION. Sec. 2.  A new section is added to chapter 9.94A RCW to read as follows:

    Any sentence imposed under this chapter shall be determined in accordance with the law in effect when the current offense was committed.

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