AN
ACT Relating to manufacture of a controlled substance with children present;
reenacting and amending RCW 9.94A.310; adding a new section to chapter 9.94A
RCW; and prescribing penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 9.94A RCW to read as follows:
In
a criminal case where:
(1)
The defendant has been convicted of (a) manufacture of a controlled substance
under RCW 69.50.401(a) relating to manufacture of methamphetamine; or (b)
possession of ephedrine or pseudoephedrine with intent to manufacture
methamphetamine, as defined in RCW 69.50.440; and
(2)
There has been a special allegation pleaded and proven beyond a reasonable
doubt that the defendant committed the crime when a person under the age of
eighteen was present in or upon the premises of manufacture;
the
court shall make a finding of fact of the special allegation, or if a jury
trial is had, the jury shall, if it finds the defendant guilty, also find a
special verdict as to the special allegation.
Sec.
2. RCW
9.94A.310 and 1999 c 352 s 2 and 1999 c 324 s 3 are each reenacted and amended
to read as follows:
(1) TABLE
1
Sentencing
Grid
SERIOUSNESS
LEVEL OFFENDER
SCORE
9
or
0 1 2 3 4 5 6 7 8 more
XVI Life
Sentence without Parole/Death Penalty
XV 23y4m 24y4m 25y4m 26y4m 27y4m 28y4m 30y4m 32y10m 36y 40y
240- 250- 261- 271- 281- 291- 312- 338- 370- 411-
320
333 347 361 374 388 416 450 493 548
XIV 14y4m 15y4m 16y2m 17y 17y11m 18y9m 20y5m 22y2m 25y7m 29y
123- 134- 144- 154- 165- 175- 195- 216- 257- 298-
220 234 244 254 265 275 295 316 357 397
XIII 12y 13y 14y 15y 16y 17y 19y 21y 25y 29y
123- 134- 144- 154- 165- 175- 195- 216- 257- 298-
164 178 192 205 219 233 260 288 342 397
XII 9y 9y11m 10y9m 11y8m 12y6m 13y5m 15y9m 17y3m 20y3m 23y3m
93- 102- 111- 120- 129- 138- 162- 178- 209- 240-
123 136
147 160 171 184 216 236 277 318
XI 7y6m 8y4m 9y2m 9y11m 10y9m 11y7m 14y2m 15y5m 17y11m 20y5m
78- 86- 95- 102- 111- 120- 146- 159- 185- 210-
102
114 125 136 147 158 194 211 245 280
X 5y 5y6m 6y 6y6m 7y 7y6m 9y6m 10y6m 12y6m 14y6m
51- 57- 62- 67- 72- 77- 98- 108- 129- 149-
68 75 82 89 96 102 130 144 171 198
IX 3y 3y6m 4y 4y6m 5y 5y6m 7y6m 8y6m 10y6m 12y6m
31- 36- 41- 46- 51- 57- 77- 87- 108- 129-
41 48 54 61 68 75 102 116 144 171
VIII 2y 2y6m 3y 3y6m 4y 4y6m 6y6m 7y6m 8y6m 10y6m
21- 26- 31- 36- 41- 46- 67- 77- 87- 108-
27 34 41 48 54 61 89 102 116 144
VII 18m 2y 2y6m 3y 3y6m 4y 5y6m 6y6m 7y6m 8y6m
15- 21- 26- 31- 36- 41- 57- 67- 77- 87-
20 27 34 41 48 54 75 89 102 116
VI 13m 18m 2y 2y6m 3y 3y6m 4y6m 5y6m 6y6m 7y6m
12+- 15- 21- 26- 31- 36- 46- 57- 67- 77-
14
20 27 34 41 48 61 75 89 102
V 9m 13m 15m 18m 2y2m 3y2m 4y 5y 6y 7y
6- 12+- 13- 15- 22- 33- 41- 51- 62- 72-
12 14 17 20 29 43 54 68 82 96
IV 6m 9m 13m 15m 18m 2y2m 3y2m 4y2m 5y2m 6y2m
3- 6- 12+- 13- 15- 22- 33- 43- 53- 63-
9 12 14 17 20 29 43 57 70 84
III 2m 5m 8m 11m 14m 20m 2y2m 3y2m 4y2m 5y
1- 3- 4- 9- 12+- 17- 22- 33- 43- 51-
3
8 12 12 16 22 29 43 57 68
II 4m 6m 8m 13m 16m 20m 2y2m 3y2m 4y2m
0-90 2- 3- 4- 12+- 14- 17- 22- 33- 43-
Days 6
9 12 14 18 22 29 43 57
I 3m 4m 5m 8m 13m 16m 20m 2y2m
0-60 0-90 2- 2- 3- 4- 12+- 14- 17- 22-
Days Days 5 6 8 12 14 18 22 29
NOTE:
Numbers in the first horizontal row of each seriousness category represent
sentencing midpoints in years(y) and months(m). Numbers in the second and
third rows represent presumptive sentencing ranges in months, or in days if so
designated. 12+ equals one year and one day.
(2)
For persons convicted of the anticipatory offenses of criminal attempt,
solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence
is determined by locating the sentencing grid sentence range defined by the
appropriate offender score and the seriousness level of the completed crime,
and multiplying the range by 75 percent.
(3)
The following additional times shall be added to the presumptive sentence for
felony crimes committed after July 23, 1995, if the offender or an accomplice
was armed with a firearm as defined in RCW 9.41.010 and the offender is being
sentenced for one of the crimes listed in this subsection as eligible for any
firearm enhancements based on the classification of the completed felony
crime. If the offender is being sentenced for more than one offense, the
firearm enhancement or enhancements must be added to the total period of
confinement for all offenses, regardless of which underlying offense is subject
to a firearm enhancement. If the offender or an accomplice was armed with a
firearm as defined in RCW 9.41.010 and the offender is being sentenced for an
anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed
in this subsection as eligible for any firearm enhancements, the following
additional times shall be added to the presumptive sentence determined under
subsection (2) of this section based on the felony crime of conviction as
classified under RCW 9A.28.020:
(a)
Five years for any felony defined under any law as a class A felony or with a
maximum sentence of at least twenty years, or both, and not covered under (f)
of this subsection.
(b)
Three years for any felony defined under any law as a class B felony or with a
maximum sentence of ten years, or both, and not covered under (f) of this
subsection.
(c)
Eighteen months for any felony defined under any law as a class C felony or
with a maximum sentence of five years, or both, and not covered under (f) of
this subsection.
(d)
If the offender is being sentenced for any firearm enhancements under (a), (b),
and/or (c) of this subsection and the offender has previously been sentenced
for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or
(c) of this subsection or subsection (4)(a), (b), and/or (c) of this section,
or both, any and all firearm enhancements under this subsection shall be twice
the amount of the enhancement listed.
(e)
Notwithstanding any other provision of law, any and all firearm enhancements
under this section are mandatory, shall be served in total confinement, and
shall run consecutively to all other sentencing provisions, including other
firearm or deadly weapon enhancements, for all offenses sentenced under this
chapter. However, whether or not a mandatory minimum term has expired, an
offender serving a sentence under this subsection may be granted an
extraordinary medical placement when authorized under RCW 9.94A.150(4).
(f)
The firearm enhancements in this section shall apply to all felony crimes
except the following: Possession of a machine gun, possessing a stolen firearm,
drive-by shooting, theft of a firearm, unlawful possession of a firearm in the
first and second degree, and use of a machine gun in a felony.
(g)
If the presumptive sentence under this section exceeds the statutory maximum
for the offense, the statutory maximum sentence shall be the presumptive
sentence unless the offender is a persistent offender as defined in RCW
9.94A.030. If the addition of a firearm enhancement increases the sentence so
that it would exceed the statutory maximum for the offense, the portion of the
sentence representing the enhancement may not be reduced.
(4)
The following additional times shall be added to the presumptive sentence for
felony crimes committed after July 23, 1995, if the offender or an accomplice
was armed with a deadly weapon as defined in this chapter other than a firearm
as defined in RCW 9.41.010 and the offender is being sentenced for one of the
crimes listed in this subsection as eligible for any deadly weapon enhancements
based on the classification of the completed felony crime. If the offender is
being sentenced for more than one offense, the deadly weapon enhancement or
enhancements must be added to the total period of confinement for all offenses,
regardless of which underlying offense is subject to a deadly weapon
enhancement. If the offender or an accomplice was armed with a deadly weapon
other than a firearm as defined in RCW 9.41.010 and the offender is being
sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of
the crimes listed in this subsection as eligible for any deadly weapon
enhancements, the following additional times shall be added to the presumptive
sentence determined under subsection (2) of this section based on the felony
crime of conviction as classified under RCW 9A.28.020:
(a)
Two years for any felony defined under any law as a class A felony or with a
maximum sentence of at least twenty years, or both, and not covered under (f)
of this subsection.
(b)
One year for any felony defined under any law as a class B felony or with a
maximum sentence of ten years, or both, and not covered under (f) of this
subsection.
(c)
Six months for any felony defined under any law as a class C felony or with a
maximum sentence of five years, or both, and not covered under (f) of this
subsection.
(d)
If the offender is being sentenced under (a), (b), and/or (c) of this
subsection for any deadly weapon enhancements and the offender has previously
been sentenced for any deadly weapon enhancements after July 23, 1995, under
(a), (b), and/or (c) of this subsection or subsection (3)(a), (b), and/or (c)
of this section, or both, any and all deadly weapon enhancements under this
subsection shall be twice the amount of the enhancement listed.
(e)
Notwithstanding any other provision of law, any and all deadly weapon
enhancements under this section are mandatory, shall be served in total
confinement, and shall run consecutively to all other sentencing provisions,
including other firearm or deadly weapon enhancements, for all offenses sentenced
under this chapter. However, whether or not a mandatory minimum term has
expired, an offender serving a sentence under this subsection may be granted an
extraordinary medical placement when authorized under RCW 9.94A.150(4).
(f)
The deadly weapon enhancements in this section shall apply to all felony crimes
except the following: Possession of a machine gun, possessing a stolen
firearm, drive-by shooting, theft of a firearm, unlawful possession of a
firearm in the first and second degree, and use of a machine gun in a felony.
(g)
If the presumptive sentence under this section exceeds the statutory maximum
for the offense, the statutory maximum sentence shall be the presumptive
sentence unless the offender is a persistent offender as defined in RCW 9.94A.030.
If the addition of a deadly weapon enhancement increases the sentence so that
it would exceed the statutory maximum for the offense, the portion of the
sentence representing the enhancement may not be reduced.
(5)
The following additional times shall be added to the presumptive sentence if
the offender or an accomplice committed the offense while in a county jail or
state correctional facility as that term is defined in this chapter and the
offender is being sentenced for one of the crimes listed in this subsection.
If the offender or an accomplice committed one of the crimes listed in this
subsection while in a county jail or state correctional facility as that term
is defined in this chapter, and the offender is being sentenced for an
anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed
in this subsection, the following additional times shall be added to the
presumptive sentence determined under subsection (2) of this section:
(a)
Eighteen months for offenses committed under RCW 69.50.401(a)(1) (i) or (ii) or
69.50.410;
(b)
Fifteen months for offenses committed under RCW 69.50.401(a)(1) (iii), (iv),
and (v);
(c)
Twelve months for offenses committed under RCW 69.50.401(d).
For
the purposes of this subsection, all of the real property of a state
correctional facility or county jail shall be deemed to be part of that
facility or county jail.
(6)
An additional twenty-four months shall be added to the presumptive sentence for
any ranked offense involving a violation of chapter 69.50 RCW if the offense
was also a violation of RCW 69.50.435 or section 1 of this act.
(7)
An additional two years shall be added to the presumptive sentence for
vehicular homicide committed while under the influence of intoxicating liquor
or any drug as defined by RCW 46.61.502 for each prior offense as defined in
RCW 46.61.5055.
