HOUSE BILL REPORT
SB 6358
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported by House Committee On:
Public Safety & Emergency Preparedness
Title: An act relating to adding child care providers, volunteers, and employees to the definition of "predatory" perpetrators for the purposes of filing a special allegation.
Brief Description: Adding child care providers, volunteers, and employees to the definition of "predatory" perpetrators for the purposes of filing a special allegation.
Sponsors: Senators Regala, Stevens, Hargrove, Marr, Roach, Kohl-Welles and Kilmer.
Brief History:
Public Safety & Emergency Preparedness: 2/25/08 [DP].
Brief Summary of Bill |
|
HOUSE COMMITTEE ON PUBLIC SAFETY & EMERGENCY PREPAREDNESS
Majority Report: Do pass. Signed by 7 members: Representatives O'Brien, Chair; Hurst, Vice Chair; Pearson, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Ahern, Goodman and Kirby.
Staff: Jim Morishima (786-7191).
Background:
A person is guilty of Rape of a Child in the first degree if he or she: (a) has sexual
intercourse with a child under the age of 12; and (b) is at least two years older than the
victim. Rape of a Child in the first degree is a class A felony with a seriousness level of XII.
A person is guilty of Rape of a Child in the second degree if he or she: (a) has sexual
intercourse with a 12- or 13-year old child; and (b) is at least three years older than the
victim. Rape of a Child in the second degree is a class A felony with a seriousness level of
XI.
A person is guilty of Child Molestation in the first degree if he or she: (a) has sexual contact
(as opposed to intercourse) with a child under the age of 12; and (b) is at least three years
older than the victim. Child Molestation in the first degree is a class A felony with a
seriousness level of X.
An offender convicted of Rape of a Child in the first or second degree or Child Molestation
in the first degree will receive a "determinate plus" sentence. Determinate plus offenders
receive a minimum term and a maximum term. The Indeterminate Sentence Review Board
(ISRB) must evaluate each determinate-plus offender prior to the expiration of his or her
minimum term. The ISRB must order the release of the offender upon expiration of the
minimum term unless the ISRB finds that the offender is likelier than not to commit another
sex offense if released. If the ISRB does not release the offender, it must re-evaluate the
offender at least once every five years up to the offender's maximum term.
The maximum term for an offender convicted of Rape of a Child in the first or second degree
or Child Molestation in the first degree is life. The minimum term is generally equal to the
standard range for the offense. However, the minimum term is 25 years if the offense was
"predatory," which means:
Summary of Bill:
The definition of "predatory" for purposes of imposing a 25-year minimum sentence is
expanded to include situations in which the perpetrator is a child care or early learning
provider and the child was in the care of the provider's agency.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) None.
(Opposed) None.
Persons Testifying: None.