BILL REQ. #: S-0995.1
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 02/05/2003. Referred to Committee on Judiciary.
AN ACT Relating to trafficking in persons; amending RCW 9.94A.535; reenacting and amending RCW 9.94A.515 and 9.94A.515; adding a new section to chapter 9A.40 RCW; prescribing penalties; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 9A.40 RCW
to read as follows:
(1)(a) A person is guilty of trafficking in the first degree when:
(i) Such person knows that force, fraud, or coercion will be used
to cause any person to engage in forced labor or involuntary servitude;
(ii) Such person (A) recruits, harbors, transports, provides, or
obtains by any means another person; or (B) benefits financially or by
receiving anything of value from participation in a venture which has
engaged in acts set forth in (a)(ii)(A) of this subsection; and
(iii) The acts or venture set forth in (a)(ii) of this subsection:
(A) Involve committing or attempting to commit kidnapping; (B) involve
a finding of sexual motivation under RCW 9.94A.835; or (C) result in a
death.
(b) Trafficking in the first degree is a class A felony.
(2)(a) A person is guilty of trafficking in the second degree when:
(i) Such person knows that force, fraud, or coercion will be used
to cause any person to engage in forced labor or involuntary servitude;
and
(ii) Such person (A) recruits, harbors, transports, provides, or
obtains by any means another person; or (B) benefits financially or by
receiving anything of value from participation in a venture which has
engaged in acts set forth in (a)(ii)(A) of this subsection.
(b) Trafficking in the second degree is a class A felony.
Sec. 2 RCW 9.94A.515 and 2002 c 340 s 2, 2002 c 324 s 2, 2002 c
290 s 2, 2002 c 253 s 4, 2002 c 229 s 2, 2002 c 134 s 2, and 2002 c 133
s 4 are each reenacted and amended to read as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| Trafficking 1 (section 1(1) of this act) | ||
| XIII | ||
| XII | ||
| Trafficking 2 (section 1(2) of this act) | ||
| XI | ||
| X | ||
| IX | ||
| VIII | ||
| VII | ||
| VI | ||
| V | ||
| IV | ||
| III | ||
| II | ||
| I | ||
Sec. 3 RCW 9.94A.515 and 2002 c 340 s 2, 2002 c 324 s 2, 2002 c
290 s 7, 2002 c 253 s 4, 2002 c 229 s 2, 2002 c 134 s 2, and 2002 c 133
s 4 are each reenacted and amended to read as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| Trafficking 1 (section 1(1) of this act) | ||
| XIII | ||
| XII | ||
| Trafficking 2 (section 1(2) of this act) | ||
| XI | ||
| X | ||
| IX | ||
| VIII | ||
| VII | ||
| VI | ||
| V | ||
| IV | ||
| III | ||
| Escape 2 (RCW 9A.76.120) | ||
| II | ||
| I | ||
Sec. 4 RCW 9.94A.535 and 2002 c 169 s 1 are each amended to read
as follows:
The court may impose a sentence outside the standard sentence range
for an offense if it finds, considering the purpose of this chapter,
that there are substantial and compelling reasons justifying an
exceptional sentence. Whenever a sentence outside the standard
sentence range is imposed, the court shall set forth the reasons for
its decision in written findings of fact and conclusions of law. A
sentence outside the standard sentence range shall be a determinate
sentence unless it is imposed on an offender sentenced under RCW
9.94A.712. An exceptional sentence imposed on an offender sentenced
under RCW 9.94A.712 shall be to a minimum term set by the court and a
maximum term equal to the statutory maximum sentence for the offense of
conviction under chapter 9A.20 RCW.
If the sentencing court finds that an exceptional sentence outside
the standard sentence range should be imposed, the sentence is subject
to review only as provided for in RCW 9.94A.585(4).
A departure from the standards in RCW 9.94A.589 (1) and (2)
governing whether sentences are to be served consecutively or
concurrently is an exceptional sentence subject to the limitations in
this section, and may be appealed by the offender or the state as set
forth in RCW 9.94A.585 (2) through (6).
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.589
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, 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.835.
(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.589
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.
(m) The offense was committed with the intent to obstruct or impair
human or animal health care or agricultural or forestry research or
commercial production.
(n) The current offense is trafficking in the first degree or
trafficking in the second degree and any victim was a minor at the time
of the offense.
NEW SECTION. Sec. 5 Section 2 of this act expires July 1, 2004.
NEW SECTION. Sec. 6 Section 3 of this act takes effect July 1,
2004.