BILL REQ. #:  S-3984.2 



_____________________________________________ 

SUBSTITUTE SENATE BILL 6105
_____________________________________________
State of Washington58th Legislature2004 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senator McCaslin)

READ FIRST TIME 01/23/04.   



     AN ACT Relating to juvenile penalties for animal cruelty; amending RCW 13.40.127; reenacting and amending RCW 13.40.0357; prescribing penalties; and providing an effective date.

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

Sec. 1   RCW 13.40.0357 and 2003 c 378 s 2, 2003 c 335 s 6, and 2003 c 53 s 97 are each reenacted and amended to read as follows:

DESCRIPTION AND OFFENSE CATEGORY
JUVENILE
DISPOSITION
OFFENSE
CATEGORY		DESCRIPTION (RCW CITATION)JUVENILE DISPOSITION
CATEGORY FOR
ATTEMPT, BAILJUMP,
CONSPIRACY, OR
SOLICITATION
. . . . . . . . . . . .
 Arson and Malicious Mischief
AArson 1 (9A.48.020)B+
BArson 2 (9A.48.030)C
CReckless Burning 1 (9A.48.040)D
DReckless Burning 2 (9A.48.050)E
BMalicious Mischief 1 (9A.48.070)C
CMalicious Mischief 2 (9A.48.080)D
DMalicious Mischief 3 (9A.48.090(2) (a) and (c))E
EMalicious Mischief 3 (9A.48.090(2)(b))E
ETampering with Fire Alarm Apparatus (9.40.100)E
ETampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105)E
APossession of Incendiary Device (9.40.120)
B+
Assault and Other Crimes Involving Physical Harm 
AAssault 1 (9A.36.011)B+
B+Assault 2 (9A.36.021)C+
C+Assault 3 (9A.36.031)D+
D+Assault 4 (9A.36.041)E
B+Drive-By Shooting (9A.36.045)C+
D+Reckless Endangerment (9A.36.050)E
C+Promoting Suicide Attempt (9A.36.060)D+
D+Coercion (9A.36.070)E
C+Custodial Assault (9A.36.100)D+
Burglary and Trespass 
B+Burglary 1 (9A.52.020)C+
BResidential Burglary (9A.52.025)C
BBurglary 2 (9A.52.030)C
DBurglary Tools (Possession of) (9A.52.060)E
DCriminal Trespass 1 (9A.52.070)E
ECriminal Trespass 2 (9A.52.080)E
CMineral Trespass (78.44.330)C
CVehicle Prowling 1 (9A.52.095)D
DVehicle Prowling 2 (9A.52.100)E
Drugs 
EPossession/Consumption of Alcohol (66.44.270)E
CIllegally Obtaining Legend Drug (69.41.020)D
C+Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a))D+
EPossession of Legend Drug (69.41.030(2)(b))E
B+Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b))B+
CViolation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c))C
EPossession of Marihuana <40 grams (69.50.4014)E
CFraudulently Obtaining Controlled Substance (69.50.403)C
C+Sale of Controlled Substance for Profit (69.50.410)C+
EUnlawful Inhalation (9.47A.020)E
BViolation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b))B
CViolation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e))C
CViolation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013)C
CViolation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4012)
C
Firearms and Weapons 
BTheft of Firearm (9A.56.300)C
BPossession of Stolen Firearm (9A.56.310)C
ECarrying Loaded Pistol Without Permit (9.41.050)E
CPossession of Firearms by Minor (<18) (9.41.040(2)(a)(iii))C
D+Possession of Dangerous Weapon (9.41.250)E
DIntimidating Another Person by use of Weapon (9.41.270)
E
Homicide 
A+Murder 1 (9A.32.030)A
A+Murder 2 (9A.32.050)B+
B+Manslaughter 1 (9A.32.060)C+
C+Manslaughter 2 (9A.32.070)D+
B+Vehicular Homicide (46.61.520)C+
Kidnapping 
AKidnap 1 (9A.40.020)B+
B+Kidnap 2 (9A.40.030)C+
C+Unlawful Imprisonment (9A.40.040)
D+
Obstructing Governmental Operation 
DObstructing a Law Enforcement Officer (9A.76.020)E
EResisting Arrest (9A.76.040)E
BIntroducing Contraband 1 (9A.76.140)C
CIntroducing Contraband 2 (9A.76.150)D
EIntroducing Contraband 3 (9A.76.160)E
B+Intimidating a Public Servant (9A.76.180)C+
B+Intimidating a Witness (9A.72.110)
C+
Public Disturbance 
C+Riot with Weapon (9A.84.010(2)(b))D+
D+Riot Without Weapon (9A.84.010(2)(a))E
EFailure to Disperse (9A.84.020)E
EDisorderly Conduct (9A.84.030)E
Sex Crimes 
ARape 1 (9A.44.040)B+
A-Rape 2 (9A.44.050)B+
C+Rape 3 (9A.44.060)D+
A-Rape of a Child 1 (9A.44.073)B+
B+Rape of a Child 2 (9A.44.076)C+
BIncest 1 (9A.64.020(1))C
CIncest 2 (9A.64.020(2))D
D+Indecent Exposure (Victim <14) (9A.88.010)E
EIndecent Exposure (Victim 14 or over) (9A.88.010)E
B+Promoting Prostitution 1 (9A.88.070)C+
C+Promoting Prostitution 2 (9A.88.080)D+
EO & A (Prostitution) (9A.88.030)E
B+Indecent Liberties (9A.44.100)C+
A-Child Molestation 1 (9A.44.083)B+
BChild Molestation 2 (9A.44.086)C+
Theft, Robbery, Extortion, and Forgery 
BTheft 1 (9A.56.030)C
CTheft 2 (9A.56.040)D
DTheft 3 (9A.56.050)E
BTheft of Livestock 1 and 2 (9A.56.080 and 9A.56.083)C
CForgery (9A.60.020)D
ARobbery 1 (9A.56.200)B+
B+Robbery 2 (9A.56.210)C+
B+Extortion 1 (9A.56.120)C+
C+Extortion 2 (9A.56.130)D+
CIdentity Theft 1 (9.35.020(2))D
DIdentity Theft 2 (9.35.020(3))E
DImproperly Obtaining Financial Information (9.35.010)E
BPossession of Stolen Property 1 (9A.56.150)C
CPossession of Stolen Property 2 (9A.56.160)D
DPossession of Stolen Property 3 (9A.56.170)E
CTaking Motor Vehicle Without Permission 1 and 2 (9A.56.070 and 9A.56.075)
D
Motor Vehicle Related Crimes 
EDriving Without a License (46.20.005)E
B+Hit and Run - Death (46.52.020(4)(a))C+
CHit and Run - Injury (46.52.020(4)(b))D
DHit and Run-Attended (46.52.020(5))E
EHit and Run-Unattended (46.52.010)E
CVehicular Assault (46.61.522)D
CAttempting to Elude Pursuing Police Vehicle (46.61.024)D
EReckless Driving (46.61.500)E
DDriving While Under the Influence (46.61.502 and 46.61.504)
E
Other 
B+Animal Cruelty 1C+
BBomb Threat (9.61.160)C
CEscape 11 (9A.76.110)C
CEscape 21 (9A.76.120)C
DEscape 3 (9A.76.130)E
EObscene, Harassing, Etc., Phone Calls (9.61.230)E
AOther Offense Equivalent to an Adult Class A FelonyB+
BOther Offense Equivalent to an Adult Class B FelonyC
COther Offense Equivalent to an Adult Class C FelonyD
DOther Offense Equivalent to an Adult Gross MisdemeanorE
EOther Offense Equivalent to an Adult MisdemeanorE
VViolation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2V

1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:

     1st escape or attempted escape during 12-month period - 4 weeks confinement
     2nd escape or attempted escape during 12-month period - 8 weeks confinement
     3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement

2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.


     JUVENILE SENTENCING STANDARDS


This schedule must be used for juvenile offenders. The court may select sentencing option A, B, C, D, or RCW 13.40.167.

 OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
 

A+
180 WEEKS TO AGE 21 YEARS
  
  
A103 WEEKS TO 129 WEEKS
    
     
A-15-36 52-65 80-100 103-129
WEEKS WEEKS WEEKS WEEKS
EXCEPT   
30-40   
WEEKS FOR   
15-17   
YEAR OLDS
      
 
CurrentB+15-36  52-65 80-100 103-129
OffenseWEEKS  WEEKS WEEKS WEEKS
Category 
BLOCAL   52-65
SANCTIONS (LS) 15-36 WEEKS  WEEKS
 
C+LS   
  15-36 WEEKS
 
  
CLS   15-36 WEEKS
Local Sanctions: 
0 to 30 Days
D+LS0 to 12 Months Community Supervision
0 to 150 Hours Community Restitution
DLS$0 to $500 Fine
 
ELS 
01234
or more
PRIOR ADJUDICATIONS

NOTE: References in the grid to days or weeks mean periods of confinement.
     (1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.
     (2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.
     (3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.
     (4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.
     (5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.


     OR



     OPTION B
          SUSPENDED DISPOSITION ALTERNATIVE


     (1) If the offender is subject to a standard range disposition involving confinement by the department, the court may impose the standard range and suspend the disposition on condition that the offender comply with one or more local sanctions and any educational or treatment requirement. The treatment programs provided to the offender must be research-based best practice programs as identified by the Washington state institute for public policy or the joint legislative audit and review committee.
     (2) If the offender fails to comply with the suspended disposition, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order the disposition's execution.
     (3) An offender is ineligible for the suspended disposition option under this section if the offender is:
     (a) Adjudicated of an A+ offense;
     (b) Fourteen years of age or older and is adjudicated of one or more of the following offenses:
     (i) A class A offense, or an attempt, conspiracy, or solicitation to commit a class A offense;
     (ii) Manslaughter in the first degree (RCW 9A.32.060); or
     (iii) Assault in the second degree (RCW 9A.36.021), extortion in the first degree (RCW 9A.56.120), kidnapping in the second degree (RCW 9A.40.030), robbery in the second degree (RCW 9A.56.210), residential burglary (RCW 9A.52.025), burglary in the second degree (RCW 9A.52.030), drive-by shooting (RCW 9A.36.045), vehicular homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), intimidating a witness (RCW 9A.72.110), violation of the uniform controlled substances act (RCW 69.50.401(((a)(1) (i) or (ii))) (2)(a) and (b)), or manslaughter 2 (RCW 9A.32.070), when the offense includes infliction of bodily harm upon another or when during the commission or immediate withdrawal from the offense the respondent was armed with a deadly weapon;
     (c) Ordered to serve a disposition for a firearm violation under RCW 13.40.193; or
     (d) Adjudicated of a sex offense as defined in RCW 9.94A.030.


     OR



     OPTION C
          CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE


     If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(4) and 13.40.165.


     OR



     OPTION D
          MANIFEST INJUSTICE


If the court determines that a disposition under option A, B, or C would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).

Sec. 2   RCW 13.40.127 and 2001 c 175 s 3 are each amended to read as follows:
     (1) A juvenile is eligible for deferred disposition unless he or she:
     (a) Is charged with a sex or violent offense;
     (b) Has a criminal history which includes any felony;
     (c) Has a prior deferred disposition or deferred adjudication; or
     (d) Has two or more adjudications.
     (2) The juvenile court may, upon motion at least fourteen days before commencement of trial and, after consulting the juvenile's custodial parent or parents or guardian and with the consent of the juvenile, continue the case for disposition for a period not to exceed one year from the date the juvenile is found guilty. The court shall consider whether the offender and the community will benefit from a deferred disposition before deferring the disposition.
     (3) Any juvenile who agrees to a deferral of disposition shall:
     (a) Stipulate to the admissibility of the facts contained in the written police report;
     (b) Acknowledge that the report will be entered and used to support a finding of guilt and to impose a disposition if the juvenile fails to comply with terms of supervision; and
     (c) Waive the following rights to: (i) A speedy disposition; and (ii) call and confront witnesses.
     The adjudicatory hearing shall be limited to a reading of the court's record.
     (4) Following the stipulation, acknowledgment, waiver, and entry of a finding or plea of guilt, the court shall defer entry of an order of disposition of the juvenile.
     (5) Any juvenile granted a deferral of disposition under this section shall be placed under community supervision. The court may impose any conditions of supervision that it deems appropriate including posting a probation bond. Payment of restitution under RCW 13.40.190 shall be a condition of community supervision under this section.
     The court may require a juvenile offender convicted of animal cruelty in the first degree to submit to a mental health evaluation to determine if the offender would benefit from treatment and such intervention would promote the safety of the community. After consideration of the results of the evaluation, as a condition of community supervision, the court may order the offender to attend treatment to address issues pertinent to the offense.
     (6) A parent who signed for a probation bond has the right to notify the counselor if the juvenile fails to comply with the bond or conditions of supervision. The counselor shall notify the court and surety of any failure to comply. A surety shall notify the court of the juvenile's failure to comply with the probation bond. The state shall bear the burden to prove, by a preponderance of the evidence, that the juvenile has failed to comply with the terms of community supervision.
     (7) A juvenile's lack of compliance shall be determined by the judge upon written motion by the prosecutor or the juvenile's juvenile court community supervision counselor. If a juvenile fails to comply with terms of supervision, the court shall enter an order of disposition.
     (8) At any time following deferral of disposition the court may, following a hearing, continue the case for an additional one-year period for good cause.
     (9) At the conclusion of the period set forth in the order of deferral and upon a finding by the court of full compliance with conditions of supervision and payment of full restitution, the respondent's conviction shall be vacated and the court shall dismiss the case with prejudice, except that a conviction under RCW 16.52.205 shall not be vacated.

NEW SECTION.  Sec. 3   This act takes effect July 1, 2004.

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