1001-S3 AMH PRIE HALL 135

3SHB 1001 - H AMD 391

By Representative Priest

WITHDRAWN 3/13/2007

   On page 39, beginning on line 15, strike all of section 15.

   On page 49, after line 11, insert the following:

   "NEW SECTION. Sec. 28. A new section is added to chapter 13.40 RCW to read as follows:

   (1) If a respondent is adjudicated of an offense involving theft of a motor vehicle as defined under section 2 of this act, possession of a stolen vehicle as defined under section 5 of this act, or taking a motor vehicle without permission in the first degree as defined in RCW 9A.56.070, the court shall impose the following minimum sentence, in addition to any restitution the court may order payable to the victim:

   (a) Juveniles with a prior criminal history score of zero to one-half points shall be sentenced to a standard range sentence that includes no less than five days of home detention, forty-five hours of community restitution, and a two hundred dollar fine;

   (b) Juveniles with a prior criminal history score of three-quarters to one and one-half points shall be sentenced to standard range sentence that includes no less than ten days of detention, ninety hours of community restitution, and a four hundred dollar fine;

   (c) Juveniles with a prior criminal history score of at least two, but less than four, points shall be sentenced to no less than fifteen to thirty-six weeks of confinement, seven days of home detention, four months of supervision, ninety hours of community restitution, and a four hundred dollar fine; and

   (d) Juveniles with a prior criminal history of four or more points shall be sentenced to no less than fifty-two to sixty-five weeks of confinement, seven days home detention, four months of supervision, ninety hours of community restitution, and a four hundred dollar fine.

   (2) If a respondent is adjudicated of an offense involving taking a motor vehicle without permission in the second degree as defined in RCW 9A.56.075, the court shall impose a standard range as follows:

   (a) Juveniles with a prior criminal history score of zero to one-half points shall be sentenced to a standard range sentence that includes no less than one day of home detention, one month of supervision, fifteen hours of community restitution, and a fifty dollar fine;

   (b) Juveniles with a prior criminal history score of three-quarters to one and one-half points shall be sentenced to a standard range sentence that includes no less than one day of detention, two days of home detention, two months of supervision, thirty hours of community restitution, and a one hundred fifty dollar fine; and

   (c) Juveniles with a prior criminal history score of two or more points shall be sentenced to no less than three days of detention, seven days of home detention, three months of supervision, forty-five hours of community restitution, and a one hundred fifty dollar fine."

   Renumber the sections consecutively, correct the internal references accordingly, correct the title.

EFFECT: Requires the court to impose confinement, community supervision, and fines, and community restitution as a minimum sentence when a juvenile is adjudicated of Theft of a Motor Vehicle, Possession of a Stolen Vehicle, or Taking a Motor Vehicle without Permission in the First or Second Degree.