BILL REQ. #: Z-0653.3
| State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/16/12. Referred to Committee on Judiciary.
AN ACT Relating to being under the influence with a child in the vehicle; amending RCW 46.61.507 and 9.94A.533; reenacting and amending RCW 46.61.5055; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.61.507 and 2010 c 214 s 1 are each amended to read
as follows:
((A law enforcement officer shall)) (1) In every case where a
person is charged with a violation of RCW 46.61.502 or 46.61.504, the
law enforcement officer shall:
(a) Make a clear notation if a child under the age of sixteen was
present in the vehicle;
(b) Promptly notify child protective services whenever a child is
present in a vehicle being driven by his or her parent, guardian, or
legal custodian and that person is being arrested for a drug or
alcohol-related driving offense. This section does not require law
enforcement to take custody of the child unless there is no other
responsible person, or an agency having the right to physical custody
of the child that can be contacted, or the officer has reasonable
grounds to believe the child should be taken into custody pursuant to
RCW 13.34.050 or 26.44.050.
(2) For purposes of this section, "child" means any person under
((thirteen)) sixteen years of age.
Sec. 2 RCW 46.61.5055 and 2011 c 293 s 7 and 2011 c 96 s 35 are
each reenacted and amended to read as follows:
(1) Except as provided in RCW 46.61.502(6) or 46.61.504(6), a
person who is convicted of a violation of RCW 46.61.502 or 46.61.504
and who has no prior offense within seven years shall be punished as
follows:
(a) In the case of a person whose alcohol concentration was less
than 0.15, or for whom for reasons other than the person's refusal to
take a test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than one day nor more than three
hundred sixty-four days. Twenty-four consecutive hours of the
imprisonment may not be suspended or deferred unless the court finds
that the imposition of this mandatory minimum sentence would impose a
substantial risk to the offender's physical or mental well-being.
Whenever the mandatory minimum sentence is suspended or deferred, the
court shall state in writing the reason for granting the suspension or
deferral and the facts upon which the suspension or deferral is based.
In lieu of the mandatory minimum term of imprisonment required under
this subsection (1)(a)(i), the court may order not less than fifteen
days of electronic home monitoring. The offender shall pay the cost of
electronic home monitoring. The county or municipality in which the
penalty is being imposed shall determine the cost. The court may also
require the offender's electronic home monitoring device to include an
alcohol detection breathalyzer, and the court may restrict the amount
of alcohol the offender may consume during the time the offender is on
electronic home monitoring; and
(ii) By a fine of not less than three hundred fifty dollars nor
more than five thousand dollars. Three hundred fifty dollars of the
fine may not be suspended or deferred unless the court finds the
offender to be indigent; or
(b) In the case of a person whose alcohol concentration was at
least 0.15, or for whom by reason of the person's refusal to take a
test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than two days nor more than three
hundred sixty-four days. Two consecutive days of the imprisonment may
not be suspended or deferred unless the court finds that the imposition
of this mandatory minimum sentence would impose a substantial risk to
the offender's physical or mental well-being. Whenever the mandatory
minimum sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and the
facts upon which the suspension or deferral is based. In lieu of the
mandatory minimum term of imprisonment required under this subsection
(1)(b)(i), the court may order not less than thirty days of electronic
home monitoring. The offender shall pay the cost of electronic home
monitoring. The county or municipality in which the penalty is being
imposed shall determine the cost. The court may also require the
offender's electronic home monitoring device to include an alcohol
detection breathalyzer, and the court may restrict the amount of
alcohol the offender may consume during the time the offender is on
electronic home monitoring; and
(ii) By a fine of not less than five hundred dollars nor more than
five thousand dollars. Five hundred dollars of the fine may not be
suspended or deferred unless the court finds the offender to be
indigent.
(2) Except as provided in RCW 46.61.502(6) or 46.61.504(6), a
person who is convicted of a violation of RCW 46.61.502 or 46.61.504
and who has one prior offense within seven years shall be punished as
follows:
(a) In the case of a person whose alcohol concentration was less
than 0.15, or for whom for reasons other than the person's refusal to
take a test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than thirty days nor more than
three hundred sixty-four days and sixty days of electronic home
monitoring. The offender shall pay for the cost of the electronic
monitoring. The county or municipality where the penalty is being
imposed shall determine the cost. The court may also require the
offender's electronic home monitoring device include an alcohol
detection breathalyzer, and may restrict the amount of alcohol the
offender may consume during the time the offender is on electronic home
monitoring. Thirty days of imprisonment and sixty days of electronic
home monitoring may not be suspended or deferred unless the court finds
that the imposition of this mandatory minimum sentence would impose a
substantial risk to the offender's physical or mental well-being.
Whenever the mandatory minimum sentence is suspended or deferred, the
court shall state in writing the reason for granting the suspension or
deferral and the facts upon which the suspension or deferral is based;
and
(ii) By a fine of not less than five hundred dollars nor more than
five thousand dollars. Five hundred dollars of the fine may not be
suspended or deferred unless the court finds the offender to be
indigent; or
(b) In the case of a person whose alcohol concentration was at
least 0.15, or for whom by reason of the person's refusal to take a
test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than forty-five days nor more than
three hundred sixty-four days and ninety days of electronic home
monitoring. The offender shall pay for the cost of the electronic
monitoring. The county or municipality where the penalty is being
imposed shall determine the cost. The court may also require the
offender's electronic home monitoring device include an alcohol
detection breathalyzer, and may restrict the amount of alcohol the
offender may consume during the time the offender is on electronic home
monitoring. Forty-five days of imprisonment and ninety days of
electronic home monitoring may not be suspended or deferred unless the
court finds that the imposition of this mandatory minimum sentence
would impose a substantial risk to the offender's physical or mental
well-being. Whenever the mandatory minimum sentence is suspended or
deferred, the court shall state in writing the reason for granting the
suspension or deferral and the facts upon which the suspension or
deferral is based; and
(ii) By a fine of not less than seven hundred fifty dollars nor
more than five thousand dollars. Seven hundred fifty dollars of the
fine may not be suspended or deferred unless the court finds the
offender to be indigent.
(3) Except as provided in RCW 46.61.502(6) or 46.61.504(6), a
person who is convicted of a violation of RCW 46.61.502 or 46.61.504
and who has two or three prior offenses within seven years shall be
punished as follows:
(a) In the case of a person whose alcohol concentration was less
than 0.15, or for whom for reasons other than the person's refusal to
take a test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than ninety days nor more than
three hundred sixty-four days and one hundred twenty days of electronic
home monitoring. The offender shall pay for the cost of the electronic
monitoring. The county or municipality where the penalty is being
imposed shall determine the cost. The court may also require the
offender's electronic home monitoring device include an alcohol
detection breathalyzer, and may restrict the amount of alcohol the
offender may consume during the time the offender is on electronic home
monitoring. Ninety days of imprisonment and one hundred twenty days of
electronic home monitoring may not be suspended or deferred unless the
court finds that the imposition of this mandatory minimum sentence
would impose a substantial risk to the offender's physical or mental
well-being. Whenever the mandatory minimum sentence is suspended or
deferred, the court shall state in writing the reason for granting the
suspension or deferral and the facts upon which the suspension or
deferral is based; and
(ii) By a fine of not less than one thousand dollars nor more than
five thousand dollars. One thousand dollars of the fine may not be
suspended or deferred unless the court finds the offender to be
indigent; or
(b) In the case of a person whose alcohol concentration was at
least 0.15, or for whom by reason of the person's refusal to take a
test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than one hundred twenty days nor
more than three hundred sixty-four days and one hundred fifty days of
electronic home monitoring. The offender shall pay for the cost of the
electronic monitoring. The county or municipality where the penalty is
being imposed shall determine the cost. The court may also require the
offender's electronic home monitoring device include an alcohol
detection breathalyzer, and may restrict the amount of alcohol the
offender may consume during the time the offender is on electronic home
monitoring. One hundred twenty days of imprisonment and one hundred
fifty days of electronic home monitoring may not be suspended or
deferred unless the court finds that the imposition of this mandatory
minimum sentence would impose a substantial risk to the offender's
physical or mental well-being. Whenever the mandatory minimum sentence
is suspended or deferred, the court shall state in writing the reason
for granting the suspension or deferral and the facts upon which the
suspension or deferral is based; and
(ii) By a fine of not less than one thousand five hundred dollars
nor more than five thousand dollars. One thousand five hundred dollars
of the fine may not be suspended or deferred unless the court finds the
offender to be indigent.
(4) A person who is convicted of a violation of RCW 46.61.502 or
46.61.504 shall be punished under chapter 9.94A RCW if:
(a) The person has four or more prior offenses within ten years; or
(b) The person has ever previously been convicted of:
(i) A violation of RCW 46.61.520 committed while under the
influence of intoxicating liquor or any drug;
(ii) A violation of RCW 46.61.522 committed while under the
influence of intoxicating liquor or any drug;
(iii) An out-of-state offense comparable to the offense specified
in (b)(i) or (ii) of this subsection; or
(iv) A violation of RCW 46.61.502(6) or 46.61.504(6).
(5)(a) The court shall require any person convicted of a violation
of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance to apply
for an ignition interlock driver's license from the department and to
have a functioning ignition interlock device installed on all motor
vehicles operated by the person.
(b) The installation of an ignition interlock device is not
necessary on vehicles owned, leased, or rented by a person's employer
and on those vehicles whose care and/or maintenance is the temporary
responsibility of the employer, and driven at the direction of a
person's employer as a requirement of employment during working hours.
The person must provide the department with a declaration pursuant to
RCW 9A.72.085 from his or her employer stating that the person's
employment requires the person to operate a vehicle owned by the
employer or other persons during working hours.
(c) An ignition interlock device imposed under this section shall
be calibrated to prevent a motor vehicle from being started when the
breath sample provided has an alcohol concentration of 0.025 or more.
(d) The court may waive the requirement that a person apply for an
ignition interlock driver's license if the court makes a specific
finding in writing that:
(i) The person lives out-of-state and the devices are not
reasonably available in the person's local area;
(ii) The person does not operate a vehicle; or
(iii) The person is not eligible to receive an ignition interlock
driver's license under RCW 46.20.385 because the person is not a
resident of Washington, is a habitual traffic offender, has already
applied for or is already in possession of an ignition interlock
driver's license, has never had a driver's license, has been certified
under chapter 74.20A RCW as noncompliant with a child support order, or
is subject to any other condition or circumstance that makes the person
ineligible to obtain an ignition interlock driver's license.
(e) If a court finds that a person is not eligible to receive an
ignition interlock driver's license under this section, the court is
not required to make any further subsequent inquiry or determination as
to the person's eligibility.
(f) If the court orders that a person refrain from consuming any
alcohol and requires the person to apply for an ignition interlock
driver's license, and the person states that he or she does not operate
a motor vehicle or the person is ineligible to obtain an ignition
interlock driver's license, the court shall order the person to submit
to alcohol monitoring through an alcohol detection breathalyzer device,
transdermal sensor device, or other technology designed to detect
alcohol in a person's system. Alcohol monitoring ordered under this
subsection must be for the period of the mandatory license suspension
or revocation. The person shall pay for the cost of the monitoring.
The county or municipality where the penalty is being imposed shall
determine the cost.
(g) The period of time for which ignition interlock use is required
will be as follows:
(i) For a person who has not previously been restricted under this
section, a period of one year;
(ii) For a person who has previously been restricted under (g)(i)
of this subsection, a period of five years;
(iii) For a person who has previously been restricted under (g)(ii)
of this subsection, a period of ten years.
(h) Beginning with incidents occurring on or after September 1,
2011, when calculating the period of time for the restriction under RCW
46.20.720(3), the department must also give the person a day-for-day
credit for the time period, beginning from the date of the incident,
during which the person kept an ignition interlock device installed on
all vehicles the person operates. For the purposes of this subsection
(5)(h), the term "all vehicles" does not include vehicles that would be
subject to the employer exception under RCW 46.20.720(3).
(6) If a person who is convicted of a violation of RCW 46.61.502 or
46.61.504 committed the offense while a passenger under the age of
sixteen was in the vehicle, the court shall:
(a) In any case in which the installation and use of an interlock
or other device is not mandatory under RCW 46.20.720 or other law,
order the use of such a device for not less than ((sixty days)) six
months following the restoration of the person's license, permit, or
nonresident driving privileges; ((and))
(b) In any case in which the installation and use of such a device
is otherwise mandatory, order the use of such a device for an
additional ((sixty days)) six months;
(c) In any case in which the person has no prior offense within
seven years, and except as provided in RCW 46.61.502(6) or
46.61.504(6), order a penalty by a fine of not less than one thousand
dollars or not more than five thousand dollars. One thousand dollars
of the fine may not be suspended or deferred unless the court finds the
offender to be indigent;
(d) In any case in which the person has one prior offense within
seven years, and except as provided in RCW 46.61.502(6) or
46.61.504(6), order a penalty by a fine of not less than two thousand
dollars or not more than five thousand dollars. Two thousand dollars
of the fine may not be suspended or deferred unless the court finds the
offender to be indigent;
(e) In any case in which the person has three or more prior
offenses within seven years, and except as provided in RCW 46.61.502(6)
or 46.61.504(6), order a penalty by a fine of not less than three
thousand dollars or not more than ten thousand dollars. Three thousand
dollars of the fine may not be suspended or deferred unless the court
finds the offender to be indigent.
(7) In exercising its discretion in setting penalties within the
limits allowed by this section, the court shall particularly consider
the following:
(a) Whether the person's driving at the time of the offense was
responsible for injury or damage to another or another's property; and
(b) Whether at the time of the offense the person was driving or in
physical control of a vehicle with one or more passengers.
(8) An offender punishable under this section is subject to the
alcohol assessment and treatment provisions of RCW 46.61.5056.
(9) The license, permit, or nonresident privilege of a person
convicted of driving or being in physical control of a motor vehicle
while under the influence of intoxicating liquor or drugs must:
(a) If the person's alcohol concentration was less than 0.15, or if
for reasons other than the person's refusal to take a test offered
under RCW 46.20.308 there is no test result indicating the person's
alcohol concentration:
(i) Where there has been no prior offense within seven years, be
suspended or denied by the department for ninety days;
(ii) Where there has been one prior offense within seven years, be
revoked or denied by the department for two years; or
(iii) Where there have been two or more prior offenses within seven
years, be revoked or denied by the department for three years;
(b) If the person's alcohol concentration was at least 0.15:
(i) Where there has been no prior offense within seven years, be
revoked or denied by the department for one year;
(ii) Where there has been one prior offense within seven years, be
revoked or denied by the department for nine hundred days; or
(iii) Where there have been two or more prior offenses within seven
years, be revoked or denied by the department for four years; or
(c) If by reason of the person's refusal to take a test offered
under RCW 46.20.308, there is no test result indicating the person's
alcohol concentration:
(i) Where there have been no prior offenses within seven years, be
revoked or denied by the department for two years;
(ii) Where there has been one prior offense within seven years, be
revoked or denied by the department for three years; or
(iii) Where there have been two or more previous offenses within
seven years, be revoked or denied by the department for four years.
The department shall grant credit on a day-for-day basis for any
portion of a suspension, revocation, or denial already served under
this subsection for a suspension, revocation, or denial imposed under
RCW 46.20.3101 arising out of the same incident.
For purposes of this subsection (9), the department shall refer to
the driver's record maintained under RCW 46.52.120 when determining the
existence of prior offenses.
(10) After expiration of any period of suspension, revocation, or
denial of the offender's license, permit, or privilege to drive
required by this section, the department shall place the offender's
driving privilege in probationary status pursuant to RCW 46.20.355.
(11)(a) In addition to any nonsuspendable and nondeferrable jail
sentence required by this section, whenever the court imposes up to
three hundred sixty-four days in jail, the court shall also suspend but
shall not defer a period of confinement for a period not exceeding five
years. The court shall impose conditions of probation that include:
(i) Not driving a motor vehicle within this state without a valid
license to drive and proof of financial responsibility for the future;
(ii) not driving a motor vehicle within this state while having an
alcohol concentration of 0.08 or more within two hours after driving;
and (iii) not refusing to submit to a test of his or her breath or
blood to determine alcohol concentration upon request of a law
enforcement officer who has reasonable grounds to believe the person
was driving or was in actual physical control of a motor vehicle within
this state while under the influence of intoxicating liquor. The court
may impose conditions of probation that include nonrepetition,
installation of an ignition interlock device on the probationer's motor
vehicle, alcohol or drug treatment, supervised probation, or other
conditions that may be appropriate. The sentence may be imposed in
whole or in part upon violation of a condition of probation during the
suspension period.
(b) For each violation of mandatory conditions of probation under
(a)(i), (ii), or (iii) of this subsection, the court shall order the
convicted person to be confined for thirty days, which shall not be
suspended or deferred.
(c) For each incident involving a violation of a mandatory
condition of probation imposed under this subsection, the license,
permit, or privilege to drive of the person shall be suspended by the
court for thirty days or, if such license, permit, or privilege to
drive already is suspended, revoked, or denied at the time the finding
of probation violation is made, the suspension, revocation, or denial
then in effect shall be extended by thirty days. The court shall
notify the department of any suspension, revocation, or denial or any
extension of a suspension, revocation, or denial imposed under this
subsection.
(12) A court may waive the electronic home monitoring requirements
of this chapter when:
(a) The offender does not have a dwelling, telephone service, or
any other necessity to operate an electronic home monitoring system;
(b) The offender does not reside in the state of Washington; or
(c) The court determines that there is reason to believe that the
offender would violate the conditions of the electronic home monitoring
penalty.
Whenever the mandatory minimum term of electronic home monitoring
is waived, the court shall state in writing the reason for granting the
waiver and the facts upon which the waiver is based, and shall impose
an alternative sentence with similar punitive consequences. The
alternative sentence may include, but is not limited to, additional
jail time, work crew, or work camp.
Whenever the combination of jail time and electronic home
monitoring or alternative sentence would exceed three hundred sixty-four days, the offender shall serve the jail portion of the sentence
first, and the electronic home monitoring or alternative portion of the
sentence shall be reduced so that the combination does not exceed three
hundred sixty-four days.
(13) An offender serving a sentence under this section, whether or
not a mandatory minimum term has expired, may be granted an
extraordinary medical placement by the jail administrator subject to
the standards and limitations set forth in RCW 9.94A.728(3).
(14) For purposes of this section and RCW 46.61.502 and 46.61.504:
(a) A "prior offense" means any of the following:
(i) A conviction for a violation of RCW 46.61.502 or an equivalent
local ordinance;
(ii) A conviction for a violation of RCW 46.61.504 or an equivalent
local ordinance;
(iii) A conviction for a violation of RCW 46.61.520 committed while
under the influence of intoxicating liquor or any drug, or a conviction
for a violation of RCW 46.61.520 committed in a reckless manner or with
the disregard for the safety of others if the conviction is the result
of a charge that was originally filed as a violation of RCW 46.61.520
committed while under the influence of intoxicating liquor or any drug;
(iv) A conviction for a violation of RCW 46.61.522 committed while
under the influence of intoxicating liquor or any drug, or a conviction
for a violation of RCW 46.61.522 committed in a reckless manner or with
the disregard for the safety of others if the conviction is the result
of a charge that was originally filed as a violation of RCW 46.61.522
committed while under the influence of intoxicating liquor or any drug;
(v) A conviction for a violation of RCW 46.61.5249, 46.61.500, or
9A.36.050 or an equivalent local ordinance, if the conviction is the
result of a charge that was originally filed as a violation of RCW
46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW
46.61.520 or 46.61.522;
(vi) An out-of-state conviction for a violation that would have
been a violation of (a)(i), (ii), (iii), (iv), or (v) of this
subsection if committed in this state;
(vii) A deferred prosecution under chapter 10.05 RCW granted in a
prosecution for a violation of RCW 46.61.502, 46.61.504, or an
equivalent local ordinance; or
(viii) A deferred prosecution under chapter 10.05 RCW granted in a
prosecution for a violation of RCW 46.61.5249, or an equivalent local
ordinance, if the charge under which the deferred prosecution was
granted was originally filed as a violation of RCW 46.61.502 or
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or
46.61.522;
If a deferred prosecution is revoked based on a subsequent
conviction for an offense listed in this subsection (14)(a), the
subsequent conviction shall not be treated as a prior offense of the
revoked deferred prosecution for the purposes of sentencing;
(b) "Within seven years" means that the arrest for a prior offense
occurred within seven years before or after the arrest for the current
offense; and
(c) "Within ten years" means that the arrest for a prior offense
occurred within ten years before or after the arrest for the current
offense.
Sec. 3 RCW 9.94A.533 and 2011 c 293 s 9 are each 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(3);
(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(3);
(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.827. 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. All enhancements under
this subsection shall be mandatory, shall be served in total
confinement, and shall run consecutively to all other sentencing
provisions.
(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(3);
(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) An additional one-year enhancement shall be added to the
standard sentence range for the felony crimes of RCW 9A.44.073,
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089 committed on
or after July 22, 2007, if the offender engaged, agreed, or offered to
engage the victim in the sexual conduct in return for a fee. If the
offender is being sentenced for more than one offense, the one-year
enhancement must be added to the total period of total confinement for
all offenses, regardless of which underlying offense is subject to the
enhancement. If the offender is being sentenced for an anticipatory
offense for the felony crimes of RCW 9A.44.073, 9A.44.076, 9A.44.079,
9A.44.083, 9A.44.086, or 9A.44.089, and the offender attempted,
solicited another, or conspired to engage, agree, or offer to engage
the victim in the sexual conduct in return for a fee, an additional
one-year enhancement shall be added to the standard sentence range
determined under subsection (2) of this section. For purposes of this
subsection, "sexual conduct" means sexual intercourse or sexual
contact, both as defined in chapter 9A.44 RCW.
(10)(a) For a person age eighteen or older convicted of any
criminal street gang-related felony offense for which the person
compensated, threatened, or solicited a minor in order to involve the
minor in the commission of the felony offense, 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 one hundred twenty-five percent. If the standard sentence range under this subsection
exceeds the statutory maximum sentence for the offense, the statutory
maximum sentence is the presumptive sentence unless the offender is a
persistent offender.
(b) This subsection does not apply to any criminal street gang-related felony offense for which involving a minor in the commission of
the felony offense is an element of the offense.
(c) The increased penalty specified in (a) of this subsection is
unavailable in the event that the prosecution gives notice that it will
seek an exceptional sentence based on an aggravating factor under RCW
9.94A.535.
(11) An additional twelve months and one day shall be added to the
standard sentence range for a conviction of attempting to elude a
police vehicle as defined by RCW 46.61.024, if the conviction included
a finding by special allegation of endangering one or more persons
under RCW 9.94A.834.
(12) An additional twelve months shall be added to the standard
sentence range for an offense that is also a violation of RCW
9.94A.831.
(13) An additional twelve months 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 or for vehicular assault committed while under the influence
of intoxicating liquor or any drug as defined by RCW 46.61.502, or for
any felony driving under the influence (RCW 46.61.502(6)) or felony
physical control under the influence (RCW 46.61.504(6)) for each child
passenger under the age of sixteen who is an occupant in the
defendant's vehicle. These enhancements shall be mandatory, shall be
served in total confinement, and shall run consecutively to all other
sentencing provisions. If the addition of a minor child 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.