AN
ACT Relating to imposing an exceptional sentence; and amending RCW 9.94A.390.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9.94A.390 and 1997 c 52 s 4 are each amended to read as follows:
If
the sentencing court finds that an exceptional sentence outside the standard
range should be imposed in accordance with RCW 9.94A.120(2), the sentence is
subject to review only as provided for in RCW 9.94A.210(4).
The
following are illustrative factors which the court may consider in the exercise
of its discretion to impose an exceptional sentence. The following are
illustrative only and are not intended to be exclusive reasons for exceptional
sentences.
(1)
Mitigating Circumstances
(a)
To a significant degree, the victim was an initiator, willing participant,
aggressor, or provoker of the incident.
(b)
Before detection, the defendant compensated, or made a good faith effort to
compensate, the victim of the criminal conduct for any damage or injury
sustained.
(c)
The defendant committed the crime under duress, coercion, threat, or compulsion
insufficient to constitute a complete defense but which significantly affected
his or her conduct.
(d)
The defendant, with no apparent predisposition to do so, was induced by others
to participate in the crime.
(e)
The defendant's capacity to appreciate the wrongfulness of his or her conduct
or to conform his or her conduct to the requirements of the law, was
significantly impaired (voluntary use of drugs or alcohol is excluded).
(f)
The offense was principally accomplished by another person and the defendant
manifested extreme caution or sincere concern for the safety or well-being of
the victim.
(g)
The operation of the multiple offense policy of RCW 9.94A.400 results in a
presumptive sentence that is clearly excessive in light of the purpose of this
chapter, as expressed in RCW 9.94A.010.
(h)
The defendant or the defendant's children suffered a continuing pattern of
physical or sexual abuse by the victim of the offense and the offense is a
response to that abuse.
(2)
Aggravating Circumstances
(a)
The defendant's conduct during the commission of the current offense manifested
deliberate cruelty to the victim.
(b)
The defendant knew or should have known that the victim of the current offense
was particularly vulnerable or incapable of resistance due to extreme youth,
advanced age, disability, or ill health.
(c)
The current offense was a violent offense, and the defendant knew that the
victim of the current offense was pregnant.
(d)
The current offense was a major economic offense or series of offenses, so
identified by a consideration of any of the following factors:
(i)
The current offense involved multiple victims or multiple incidents per victim;
(ii)
The current offense involved attempted or actual monetary loss substantially
greater than typical for the offense;
(iii)
The current offense involved a high degree of sophistication or planning or
occurred over a lengthy period of time; or
(iv)
The defendant used his or her position of trust, confidence, or fiduciary
responsibility to facilitate the commission of the current offense.
(e)
The current offense was a major violation of the Uniform Controlled Substances
Act, chapter 69.50 RCW (VUCSA), related to trafficking in controlled
substances, which was more onerous than the typical offense of its statutory
definition: The presence of ANY of the following may identify a current
offense as a major VUCSA:
(i)
The current offense involved at least three separate transactions in which
controlled substances were sold, transferred, or possessed with intent to do
so;
(ii)
The current offense involved an attempted or actual sale or transfer of
controlled substances in quantities substantially larger than for personal use;
(iii)
The current offense involved the manufacture of controlled substances for use
by other parties;
(iv)
The circumstances of the current offense reveal the offender to have occupied a
high position in the drug distribution hierarchy;
(v)
The current offense involved a high degree of sophistication or planning or
occurred over a lengthy period of time or involved a broad geographic area of disbursement;
or
(vi)
The offender used his or her position or status to facilitate the commission of
the current offense, including positions of trust, confidence or fiduciary
responsibility (e.g., pharmacist, physician, or other medical professional).
(f)
The current offense included a finding of sexual motivation pursuant to RCW
9.94A.127.
(g)
The offense was part of an ongoing pattern of sexual abuse of the same victim
under the age of eighteen years manifested by multiple incidents over a
prolonged period of time.
(h)
The current offense involved domestic violence, as defined in RCW 10.99.020 and
one or more of the following was present:
(i)
The offense was part of an ongoing pattern of psychological, physical, or
sexual abuse of the victim manifested by multiple incidents over a prolonged
period of time;
(ii)
The offense occurred within sight or sound of the victim's or the offender's
minor children under the age of eighteen years; or
(iii)
The offender's conduct during the commission of the current offense manifested
deliberate cruelty or intimidation of the victim.
(i)
The operation of the multiple offense policy of RCW 9.94A.400 results in a
presumptive sentence that is clearly too lenient in light of the purpose of
this chapter, as expressed in RCW 9.94A.010.
(j)
The defendant's prior unscored misdemeanor or prior unscored foreign criminal
history results in a presumptive sentence that is clearly too lenient in light
of the purpose of this chapter as expressed in RCW 9.94A.010.
(k)
The offense resulted in the pregnancy of a child victim of rape.
(l)
The defendant knew that the victim of the current offense was a youth who was
not residing with a legal custodian and the defendant established or promoted
the relationship for the primary purpose of victimization.
