BILL REQ. #: Z-0591.1
State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 02/14/2007. Referred to Committee on Public Safety & Emergency Preparedness.
AN ACT Relating to gang-related offenses; amending RCW 13.40.0357; reenacting and amending RCW 9.94A.533; adding a new section to chapter 9A.48 RCW; adding a new section to chapter 9.94A RCW; creating new sections; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that the people of
Washington state face a crisis brought upon by increased gang crime and
violence, which is threatening public safety in communities across the
state. Those who live in communities where gang membership is on the
rise find themselves living with the daily threat of intimidation and
harassment. Ordinary citizens are increasingly vulnerable to
gang-related crimes such as drug dealing, damage to real property,
theft of personal property and automobiles, or even assault, rape, and
murder. Even those not directly affected by gang-related crime, share
in the indirect costs such as lower property values, higher insurance
premiums, and the endangerment of our youth. Moreover, our first
responders find themselves increasingly vulnerable to personal injury
or death when responding to gang-related crimes such as drug dealing,
assault, driving without a license, or attempting to elude a police
vehicle.
Law enforcement officers and prosecutors require assistance to
combat this clear and present danger to the law-abiding residents of
Washington. Law enforcement officers need the threat of additional
sanctions to deter gang-related crime and hold those accountable who
are not deterred. Investigators need clear guidance for what
constitutes a criminal gang, gang member, and gang-related crime
codified in state law, so that they can collect and share critical
information with other law enforcement agencies and coordinate
enforcement strategies across jurisdictional lines. Those who
prosecute gang-related crimes need specific sanctions and sentencing
enhancements to ensure that those who commit gang-related crimes are
held accountable for the harm they inflict on society. It is the
intent of the legislature in enacting these provisions to begin to
provide the law enforcement community with the tools they need to
protect the citizens of Washington from violent street gangs, and the
evils those gangs visit upon us all.
NEW SECTION. Sec. 2 A new section is added to chapter 9A.48 RCW
to read as follows:
(1) A person is guilty of tagging/gang graffiti if, as part of a
gang-related offense as defined by section 4 of this act he or she
knowingly and maliciously causes physical damage to the property of
another.
(2)(a) Except as provided in (b) of this subsection, tagging/gang
graffiti is a gross misdemeanor.
(b) Tagging/gang graffiti is a class C felony if the person has
previously been convicted under this section; or has previously been
convicted of any other gang-related offense as defined by section 4 of
this act.
Sec. 3 RCW 9.94A.533 and 2006 c 339 s 301 and 2006 c 123 s 1 are
each reenacted and amended to read as follows:
(1) The provisions of this section apply to the standard sentence
ranges determined by RCW 9.94A.510 or 9.94A.517.
(2) For persons convicted of the anticipatory offenses of criminal
attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the
standard sentence range 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
seventy-five percent.
(3) The following additional times shall be added to the standard
sentence range 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 standard sentence range 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 statutory 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 statutory 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 statutory 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, all firearm
enhancements under this subsection shall be twice the amount of the
enhancement listed;
(e) Notwithstanding any other provision of law, 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.728(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 standard sentence range under this section exceeds the
statutory maximum sentence for the offense, the statutory maximum
sentence shall be the presumptive sentence unless the offender is a
persistent offender. 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 standard
sentence range for felony crimes committed after July 23, 1995, 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 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
standard sentence range 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 statutory 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 statutory 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 statutory 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, all deadly
weapon enhancements under this subsection shall be twice the amount of
the enhancement listed;
(e) Notwithstanding any other provision of law, 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.728(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 standard sentence range under this section exceeds the
statutory maximum sentence for the offense, the statutory maximum
sentence shall be the presumptive sentence unless the offender is a
persistent offender. 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 standard
sentence range if the offender or an accomplice committed the offense
while in a county jail or state correctional facility 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,
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
standard sentence range determined under subsection (2) of this
section:
(a) Eighteen months for offenses committed under RCW 69.50.401(2)
(a) or (b) or 69.50.410;
(b) Fifteen months for offenses committed under RCW 69.50.401(2)
(c), (d), or (e);
(c) Twelve months for offenses committed under RCW 69.50.4013.
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 standard
sentence range 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
9.94A.605. All enhancements under this subsection shall run
consecutively to all other sentencing provisions, for all offenses
sentenced under this chapter.
(7) An additional two years shall be added to the standard sentence
range 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.
(8)(a) The following additional times shall be added to the
standard sentence range for felony crimes committed on or after July 1,
2006, if the offense was committed with sexual motivation, as that term
is defined in RCW 9.94A.030. If the offender is being sentenced for
more than one offense, the sexual motivation enhancement must be added
to the total period of total confinement for all offenses, regardless
of which underlying offense is subject to a sexual motivation
enhancement. If the offender committed the offense with sexual
motivation and the offender is being sentenced for an anticipatory
offense under chapter 9A.28 RCW, the following additional times shall
be added to the standard sentence range determined under subsection (2)
of this section based on the felony crime of conviction as classified
under RCW 9A.28.020:
(i) Two years for any felony defined under the law as a class A
felony or with a statutory maximum sentence of at least twenty years,
or both;
(ii) Eighteen months for any felony defined under any law as a
class B felony or with a statutory maximum sentence of ten years, or
both;
(iii) One year for any felony defined under any law as a class C
felony or with a statutory maximum sentence of five years, or both;
(iv) If the offender is being sentenced for any sexual motivation
enhancements under (i), (ii), and/or (iii) of this subsection and the
offender has previously been sentenced for any sexual motivation
enhancements on or after July 1, 2006, under (i), (ii), and/or (iii) of
this subsection, all sexual motivation enhancements under this
subsection shall be twice the amount of the enhancement listed;
(b) Notwithstanding any other provision of law, all sexual
motivation enhancements under this subsection are mandatory, shall be
served in total confinement, and shall run consecutively to all other
sentencing provisions, including other sexual motivation 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.728(4);
(c) The sexual motivation enhancements in this subsection apply to
all felony crimes;
(d) If the standard sentence range under this subsection exceeds
the statutory maximum sentence for the offense, the statutory maximum
sentence shall be the presumptive sentence unless the offender is a
persistent offender. If the addition of a sexual motivation
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;
(e) The portion of the total confinement sentence which the
offender must serve under this subsection shall be calculated before
any earned early release time is credited to the offender;
(f) Nothing in this subsection prevents a sentencing court from
imposing a sentence outside the standard sentence range pursuant to RCW
9.94A.535.
(9) The following additional times shall be added to the standard
sentence range for felony crimes, if the offender or an accomplice was
found to be either a gang member or associate as defined in section 4
of this act, and the offense for which the offender is being sentenced
is a gang-related offense as defined in section 4 of this act. If the
offender is being sentenced for more than one offense, the gang
sentencing enhancement or enhancements must be added to the total
period of confinement for all offenses, regardless of which underlying
offense is subject to a gang sentencing enhancement:
(a) Two years for any felony defined under any law as a class A
felony or with a statutory maximum sentence of at least twenty years,
or both, and not covered under (f) of this subsection;
(b) Eighteen months for any felony defined under any law as a class
B felony or with a statutory maximum sentence of ten years, or both,
and not covered under (f) of this subsection;
(c) Twelve months for any felony defined under any law as a class
C felony or with a statutory maximum sentence of five years, or both,
and not covered under (f) of this subsection;
(d) If the offender is being sentenced for any gang sentencing
enhancements under (a), (b), and/or (c) of this subsection and the
offender has previously been sentenced for any gang sentencing
enhancement and/or any deadly weapon enhancement, or both, all
enhancements under this subsection shall be twice the amount of the
enhancement listed;
(e) Notwithstanding any other provision of law, all gang sentencing
enhancements under this section are mandatory, shall be served in total
confinement, and shall run consecutively to all other sentencing
provisions, including other gang sentencing, 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.728(4);
(f) If the standard sentence range under this section exceeds the
statutory maximum sentence for the offense, the statutory maximum
sentence shall be the presumptive sentence unless the offender is a
persistent offender. 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.
NEW SECTION. Sec. 4 A new section is added to chapter 9.94A RCW
to read as follows:
(1) In a criminal case wherein there has been a special allegation
and evidence establishing that the accused or an accomplice was a
criminal gang member or associate and that the crime was a gang-related
offense, the court shall make a finding of fact of whether or not the
accused or an accomplice was a criminal gang member or associate and
whether or not the crime was a gang-related offense, or if a jury trial
is had, the jury shall, if it finds the defendant guilty, also find a
special verdict as to whether or not the defendant or an accomplice was
a criminal gang member or associate and whether or not the crime was a
gang-related offense.
(2) For the purpose of this chapter, unless the context indicates
otherwise:
(a) "Criminal gang" means any ongoing formal or informal
association, consisting of three or more individuals, that has as one
of its primary purposes the commission of criminal activity.
(b) "Criminal gang member or associate" is a person who
participates in the activity of a criminal gang by committing or
attempting to commit criminal acts for the benefit of, at the direction
of, or in association with any criminal gang with the intent to
promote, further, or assist in any criminal conduct by the criminal
gang. A criminal gang member or associate is also a person who has
been previously found to be such in a court of record.
(c) "Gang-related offense" means any criminal act or attempted
criminal act, conducted for the benefit of, at the direction of, or in
association with a criminal gang, or conducted to gain admission to or
promotion within a criminal gang.
Sec. 5 RCW 13.40.0357 and 2006 c 73 s 14 are each 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 | ||||
A | Arson 1 (9A.48.020) | B+ | ||
B | Arson 2 (9A.48.030) | C | ||
C | Reckless Burning 1 (9A.48.040) | D | ||
D | Reckless Burning 2 (9A.48.050) | E | ||
B | Malicious Mischief 1 (9A.48.070) | C | ||
C | Malicious Mischief 2 (9A.48.080) | D | ||
D | Malicious Mischief 3 (9A.48.090(2) (a) and (c)) | E | ||
E | Malicious Mischief 3 (9A.48.090(2)(b)) | E | ||
E | Tampering with Fire Alarm Apparatus (9.40.100) | E | ||
E | Tampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105) | E | ||
A | Possession of Incendiary Device (9.40.120) | B+ | ||
C | Tagging/Gang Graffiti, 2nd or subsequent offense (section 2(2)(b) of this act) | D | ||
D | Tagging/Gang Graffiti, 1st offense (section 2(2)(a) of this act) | E | ||
Assault and Other Crimes Involving Physical Harm | ||||
A | Assault 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+ | ||
B | Residential Burglary (9A.52.025) | C | ||
B | Burglary 2 (9A.52.030) | C | ||
D | Burglary Tools (Possession of) (9A.52.060) | E | ||
D | Criminal Trespass 1 (9A.52.070) | E | ||
E | Criminal Trespass 2 (9A.52.080) | E | ||
C | Mineral Trespass (78.44.330) | C | ||
C | Vehicle Prowling 1 (9A.52.095) | D | ||
D | Vehicle Prowling 2 (9A.52.100) | E | ||
Drugs | ||||
E | Possession/Consumption of Alcohol (66.44.270) | E | ||
C | Illegally Obtaining Legend Drug (69.41.020) | D | ||
C+ | Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a)) | D+ | ||
E | Possession 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+ | ||
C | Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c)) | C | ||
E | Possession of Marihuana <40 grams (69.50.4014) | E | ||
C | Fraudulently Obtaining Controlled Substance (69.50.403) | C | ||
C+ | Sale of Controlled Substance for Profit (69.50.410) | C+ | ||
E | Unlawful Inhalation (9.47A.020) | E | ||
B | Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b)) | B | ||
C | Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e)) | C | ||
C | Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013) | C | ||
C | Violation of Uniform Controlled Substances
Act - Possession of a Controlled Substance
(69.50.4012) | C | ||
Firearms and Weapons | ||||
B | Theft of Firearm (9A.56.300) | C | ||
B | Possession of Stolen Firearm (9A.56.310) | C | ||
E | Carrying Loaded Pistol Without Permit (9.41.050) | E | ||
C | Possession of Firearms by Minor (<18) (9.41.040(2)(a)(iii)) | C | ||
D+ | Possession of Dangerous Weapon (9.41.250) | E | ||
D | Intimidating 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 | ||||
A | Kidnap 1 (9A.40.020) | B+ | ||
B+ | Kidnap 2 (9A.40.030) | C+ | ||
C+ | Unlawful Imprisonment (9A.40.040) | D+ | ||
Obstructing Governmental Operation | ||||
D | Obstructing a Law Enforcement Officer (9A.76.020) | E | ||
E | Resisting Arrest (9A.76.040) | E | ||
B | Introducing Contraband 1 (9A.76.140) | C | ||
C | Introducing Contraband 2 (9A.76.150) | D | ||
E | Introducing 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 | ||
E | Failure to Disperse (9A.84.020) | E | ||
E | Disorderly Conduct (9A.84.030) | E | ||
Sex Crimes | ||||
A | Rape 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+ | ||
B | Incest 1 (9A.64.020(1)) | C | ||
C | Incest 2 (9A.64.020(2)) | D | ||
D+ | Indecent Exposure (Victim <14) (9A.88.010) | E | ||
E | Indecent 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+ | ||
E | O & A (Prostitution) (9A.88.030) | E | ||
B+ | Indecent Liberties (9A.44.100) | C+ | ||
A- | Child Molestation 1 (9A.44.083) | B+ | ||
B | Child Molestation 2 (9A.44.086) | C+ | ||
Theft, Robbery, Extortion, and Forgery | ||||
B | Theft 1 (9A.56.030) | C | ||
C | Theft 2 (9A.56.040) | D | ||
D | Theft 3 (9A.56.050) | E | ||
B | Theft of Livestock 1 and 2 (9A.56.080 and 9A.56.083) | C | ||
C | Forgery (9A.60.020) | D | ||
A | Robbery 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+ | ||
C | Identity Theft 1 (9.35.020(2)) | D | ||
D | Identity Theft 2 (9.35.020(3)) | E | ||
D | Improperly Obtaining Financial Information (9.35.010) | E | ||
B | Possession of Stolen Property 1 (9A.56.150) | C | ||
C | Possession of Stolen Property 2 (9A.56.160) | D | ||
D | Possession of Stolen Property 3 (9A.56.170) | E | ||
C | Taking Motor Vehicle Without Permission
1 and 2 (9A.56.070 and 9A.56.075) | D | ||
Motor Vehicle Related Crimes | ||||
E | Driving Without a License (46.20.005) | E | ||
B+ | Hit and Run - Death (46.52.020(4)(a)) | C+ | ||
C | Hit and Run - Injury (46.52.020(4)(b)) | D | ||
D | Hit and Run-Attended (46.52.020(5)) | E | ||
E | Hit and Run-Unattended (46.52.010) | E | ||
C | Vehicular Assault (46.61.522) | D | ||
C | Attempting to Elude Pursuing Police Vehicle (46.61.024) | D | ||
E | Reckless Driving (46.61.500) | E | ||
D | Driving While Under the Influence
(46.61.502 and 46.61.504) | E | ||
B+ | Felony Driving While Under the Influence (46.61.502(6)) | B | ||
B+ | Felony Physical Control of a Vehicle While Under the Influence (46.61.504(6)) | B | ||
Other | ||||
B | Animal Cruelty 1 (16.52.205) | C | ||
B | Bomb Threat (9.61.160) | C | ||
C | Escape 11 (9A.76.110) | C | ||
C | Escape 21 (9A.76.120) | C | ||
D | Escape 3 (9A.76.130) | E | ||
E | Obscene, Harassing, Etc., Phone Calls (9.61.230) | E | ||
A | Other Offense Equivalent to an Adult Class A Felony | B+ | ||
B | Other Offense Equivalent to an Adult Class B Felony | C | ||
C | Other Offense Equivalent to an Adult Class C Felony | D | ||
D | Other Offense Equivalent to an Adult Gross Misdemeanor | E | ||
E | Other Offense Equivalent to an Adult Misdemeanor | E | ||
V | Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2 | V |
OPTION A JUVENILE OFFENDER SENTENCING GRID STANDARD RANGE | ||||||||||
A+ | 180 WEEKS TO AGE 21 YEARS | |||||||||
A | 103 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 | ||||||||||
Current | B+ | 15-36 | 52-65 | 80-100 | 103-129 | |||||
Offense | WEEKS | WEEKS | WEEKS | WEEKS | ||||||
Category | ||||||||||
B | LOCAL | 52-65 | ||||||||
SANCTIONS (LS) | 15-36 WEEKS | WEEKS | ||||||||
C+ | LS | |||||||||
15-36 WEEKS | ||||||||||
C | LS | 15-36 WEEKS | ||||||||
Local Sanctions: | ||||||||||
0 to 30 Days | ||||||||||
D+ | LS | 0 to 12 Months Community Supervision | ||||||||
0 to 150 Hours Community Restitution | ||||||||||
D | LS | $0 to $500 Fine | ||||||||
E | LS | |||||||||
0 | 1 | 2 | 3 | 4 or more | ||||||
PRIOR ADJUDICATIONS |
NEW SECTION. Sec. 6 The office of the attorney general is
directed to establish a work group to evaluate the problem of
gang-related crime in Washington state. Members shall include
representatives of local law enforcement, prosecutors and municipal
attorneys, district and superior court judges, prison administrators
and probation officers, and experts in gang prevention including the
governor's council on juvenile justice. The work group shall evaluate
and make recommendations regarding additional legislative measures to
combat gang-related crime, the creation of a statewide gang information
database, possible reforms to the juvenile justice system for
gang-related juvenile offenses, best practices for preventing youth
gang membership, and the adoption of a California-style civil antigang
injunction. The office of the attorney general shall report back to
the legislature on its findings and the recommendations of the work
group or groups on or before January 1, 2008.