S-2779.1
SUBSTITUTE SENATE BILL 5934
State of Washington
65th Legislature
2017 1st Special Session
By Senate Law & Justice (originally sponsored by Senator Padden)
READ FIRST TIME 05/05/17.
AN ACT Relating to convicted persons; amending RCW 9.94A.589, 9.94B.050, 9.94A.501, 9.94A.533, 9.94A.525, 46.20.117, and 46.20.117; amending 2013 2nd sp.s. c 14 s 10 (uncodified); reenacting and amending RCW 9.94A.515; adding a new section to chapter 9.94B RCW; adding new sections to chapter 9.94A RCW; adding a new section to chapter 72.09 RCW; creating new sections; repealing 2015 c 291 s 9; repealing 2015 c 291 ss 15 and 16 (uncodified); prescribing penalties; providing an effective date; providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
PART I
SERIOUSNESS LEVEL OF CRIMES
Sec. 101.  RCW 9.94A.515 and 2016 c 213 s 5, 2016 c 164 s 13, and 2016 c 6 s 1 are each reenacted and amended to read as follows:
 
 
TABLE 2
 
 
 
 
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
 
 
 
XVI
Aggravated Murder 1 (RCW 10.95.020)
 
 
 
XV
Homicide by abuse (RCW 9A.32.055)
 
 
 
 
Malicious explosion 1 (RCW 70.74.280(1))
 
 
 
Murder 1 (RCW 9A.32.030)
 
 
 
XIV
Murder 2 (RCW 9A.32.050)
 
 
 
 
Trafficking 1 (RCW 9A.40.100(1))
 
 
 
XIII
Malicious explosion 2 (RCW 70.74.280(2))
 
 
 
 
 
Malicious placement of an explosive 1 (RCW 70.74.270(1))
 
 
 
 
Rape of a Child 1 (RCW 9A.44.073)
 
 
XII
Assault 1 (RCW 9A.36.011)
 
 
 
 
Assault of a Child 1 (RCW 9A.36.120)
 
 
 
 
 
Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
 
 
 
 
 
Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101)
 
 
 
Rape 1 (RCW 9A.44.040)
 
 
 
 
 
Rape of a Child ((1 (RCW 9A.44.073))) 2 (RCW 9A.44.076)
 
 
 
 
Trafficking 2 (RCW 9A.40.100(3))
 
 
 
XI
Child Molestation 1 (RCW 9A.44.083)
 
 
 
 
Manslaughter 1 (RCW 9A.32.060)
 
 
 
Rape 2 (RCW 9A.44.050)
 
 
 
 
((Rape of a Child 2 (RCW 9A.44.076)))
 
 
 
 
 
 
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
 
 
 
 
 
 
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
 
 
 
X
((Child Molestation 1 (RCW 9A.44.083)))
 
 
 
 
Criminal Mistreatment 1 (RCW 9A.42.020)
 
 
 
 
 
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
 
 
 
Kidnapping 1 (RCW 9A.40.020)
 
 
 
 
Leading Organized Crime (RCW 9A.82.060(1)(a))
 
 
 
 
Malicious explosion 3 (RCW 70.74.280(3))
 
 
 
 
Sexually Violent Predator Escape (RCW 9A.76.115)
 
 
 
IX
Abandonment of Dependent Person 1 (RCW 9A.42.060)
 
 
 
 
Assault of a Child 2 (RCW 9A.36.130)
 
 
 
 
Explosive devices prohibited (RCW 70.74.180)
 
 
 
 
Hit and Run—Death (RCW 46.52.020(4)(a))
 
 
 
 
 
 
Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)
 
 
 
 
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
 
 
 
 
 
Malicious placement of an explosive 2 (RCW 70.74.270(2))
 
 
 
Robbery 1 (RCW 9A.56.200)
 
 
 
 
Sexual Exploitation (RCW 9.68A.040)
 
 
 
VIII
Arson 1 (RCW 9A.48.020)
 
 
 
 
Child Molestation 2 (RCW 9A.44.086)
 
 
 
 
Commercial Sexual Abuse of a Minor (RCW 9.68A.100)
 
 
 
 
 
 
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
 
 
 
 
Manslaughter 2 (RCW 9A.32.070)
 
 
 
 
Promoting Prostitution 1 (RCW 9A.88.070)
 
 
 
 
Theft of Ammonia (RCW 69.55.010)
 
 
 
 
 
VII
Air bag diagnostic systems (causing bodily injury or death) (RCW 46.37.660(2)(b))
 
 
 
 
 
 
Air bag replacement requirements (causing bodily injury or death) (RCW 46.37.660(1)(b))
 
 
 
Burglary 1 (RCW 9A.52.020)
 
 
 
 
((Child Molestation 2 (RCW 9A.44.086)))
 
 
 
 
Civil Disorder Training (RCW 9A.48.120)
 
 
 
 
 
 
Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050(1))
 
 
 
 
Drive-by Shooting (RCW 9A.36.045)
 
 
 
 
 
Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)
 
 
 
 
 
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
 
 
 
 
Introducing Contraband 1 (RCW 9A.76.140)
 
 
 
 
 
Malicious placement of an explosive 3 (RCW 70.74.270(3))
 
 
 
 
 
 
 
 
Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (causing bodily injury or death) (RCW 46.37.650(1)(b))
 
 
 
 
 
Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675)
 
 
 
 
Rape of a Child 3 (RCW 9A.44.079)
 
 
 
 
 
 
 
Sale, install, (([or])) or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(b))
 
 
 
 
 
 
Sending, bringing into state depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.060(1))
 
 
 
 
 
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1))
 
 
 
 
 
Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)
 
 
 
 
 
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
 
 
 
VI
Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a))
 
 
 
Bribery (RCW 9A.68.010)
 
 
 
 
Child Molestation 3 (RCW 9A.44.089)
 
 
 
Incest 1 (RCW 9A.64.020(1))
 
 
 
 
Intimidating a Judge (RCW 9A.72.160)
 
 
 
 
 
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
 
 
 
 
 
Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
 
 
 
 
 
 
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1))
 
 
 
 
((Rape of a Child 3 (RCW 9A.44.079)))
 
 
 
 
 
 
Taking Motor Vehicle Without Permission 1 (third or subsequent offense) (RCW 9A.56.070)
 
 
 
 
Theft of a Firearm (RCW 9A.56.300)
 
 
 
 
Unlawful Storage of Ammonia (RCW 69.55.020)
 
 
 
V
Abandonment of Dependent Person 2 (RCW 9A.42.070)
 
 
 
 
 
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
 
 
 
 
Air bag diagnostic systems (RCW 46.37.660(2)(c))
 
 
 
 
 
Air bag replacement requirements (RCW 46.37.660(1)(c))
 
 
 
 
Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))
 
 
 
 
((Child Molestation 3 (RCW 9A.44.089)))
 
 
 
 
Criminal Mistreatment 2 (RCW 9A.42.030)
 
 
 
 
Custodial Sexual Misconduct 1 (RCW 9A.44.160)
 
 
 
 
 
 
Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2))
 
 
 
 
 
 
 
 
Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)
 
 
 
 
 
Driving While Under the Influence (RCW 46.61.502(6))
 
 
 
Extortion 1 (RCW 9A.56.120)
 
 
 
 
Extortionate Extension of Credit (RCW 9A.82.020)
 
 
 
 
 
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
 
 
 
Incest 2 (RCW 9A.64.020(2))
 
 
 
Kidnapping 2 (RCW 9A.40.030)
 
 
 
 
 
 
 
Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (RCW 46.37.650(1)(c))
 
 
 
Perjury 1 (RCW 9A.72.020)
 
 
 
 
Persistent prison misbehavior (RCW 9.94.070)
 
 
 
 
 
Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6))
 
 
 
 
Possession of a Stolen Firearm (RCW 9A.56.310)
 
 
 
Rape 3 (RCW 9A.44.060)
 
 
 
 
Rendering Criminal Assistance 1 (RCW 9A.76.070)
 
 
 
 
 
 
 
Sale, install, (([or])) or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(c))
 
 
 
 
 
 
Sending, Bringing into State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.060(2))
 
 
 
 
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
 
 
 
 
Sexually Violating Human Remains (RCW 9A.44.105)
 
 
 
Stalking (RCW 9A.46.110)
 
 
 
 
 
Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070)
 
 
IV
Arson 2 (RCW 9A.48.030)
 
 
 
Assault 2 (RCW 9A.36.021)
 
 
 
 
 
Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h))
 
 
 
 
Assault by Watercraft (RCW 79A.60.060)
 
 
 
 
 
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
 
 
 
Cheating 1 (RCW 9.46.1961)
 
 
 
 
Commercial Bribery (RCW 9A.68.060)
 
 
 
 
Counterfeiting (RCW 9.16.035(4))
 
 
 
 
Endangerment with a Controlled Substance (RCW 9A.42.100)
 
 
 
Escape 1 (RCW 9A.76.110)
 
 
 
 
Hit and Run—Injury (RCW 46.52.020(4)(b))
 
 
 
 
 
Hit and Run with Vessel—Injury Accident (RCW 79A.60.200(3))
 
 
 
 
Identity Theft 1 (RCW 9.35.020(2))
 
 
 
 
 
 
Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)
 
 
 
 
Influencing Outcome of Sporting Event (RCW 9A.82.070)
 
 
 
 
Malicious Harassment (RCW 9A.36.080)
 
 
 
 
 
 
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070(2))
 
 
 
 
Residential Burglary (RCW 9A.52.025)
 
 
 
Robbery 2 (RCW 9A.56.210)
 
 
 
 
Theft of Livestock 1 (RCW 9A.56.080)
 
 
 
 
Threats to Bomb (RCW 9.61.160)
 
 
 
 
Trafficking in Stolen Property 1 (RCW 9A.82.050)
 
 
 
 
 
 
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b))
 
 
 
 
 
 
Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3))
 
 
 
 
 
 
Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3))
 
 
 
 
Unlawful transaction of insurance business (RCW 48.15.023(3))
 
 
 
 
 
Unlicensed practice as an insurance professional (RCW 48.17.063(2))
 
 
 
 
 
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
 
 
 
 
 
Vehicle Prowling 2 (third or subsequent offense) (RCW 9A.52.100(3))
 
 
 
 
 
 
 
 
 
Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)
 
 
 
 
 
 
Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1))
 
 
 
 
Willful Failure to Return from Furlough (RCW 72.66.060)
 
 
 
 
III
Animal Cruelty 1 (Sexual Conduct or Contact) (RCW 16.52.205(3))
 
 
 
 
 
 
 
Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h))
 
 
 
 
Assault of a Child 3 (RCW 9A.36.140)
 
 
 
 
 
Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))
 
 
 
Burglary 2 (RCW 9A.52.030)
 
 
 
 
 
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
 
 
 
 
Criminal Gang Intimidation (RCW 9A.46.120)
 
 
 
 
Custodial Assault (RCW 9A.36.100)
 
 
 
 
 
Cyberstalking (subsequent conviction or threat of death) (RCW 9.61.260(3))
 
 
 
Escape 2 (RCW 9A.76.120)
 
 
 
Extortion 2 (RCW 9A.56.130)
 
 
 
Harassment (RCW 9A.46.020)
 
 
 
 
Intimidating a Public Servant (RCW 9A.76.180)
 
 
 
 
Introducing Contraband 2 (RCW 9A.76.150)
 
 
 
 
Malicious Injury to Railroad Property (RCW 81.60.070)
 
 
 
 
 
Malicious Mischief 1 (motor vehicle, third or subsequent offense) (RCW 9A.48.070)
 
 
 
 
Mortgage Fraud (RCW 19.144.080)
 
 
 
 
 
 
Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674)
 
 
 
 
Organized Retail Theft 1 (RCW 9A.56.350(2))
 
 
 
Perjury 2 (RCW 9A.72.030)
 
 
 
 
Possession of Incendiary Device (RCW 9.40.120)
 
 
 
 
 
Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
 
 
 
 
 
Possession of Stolen Vehicle (third or subsequent offense) (RCW 9A.56.068)
 
 
 
 
Promoting Prostitution 2 (RCW 9A.88.080)
 
 
 
 
 
Retail Theft with Special Circumstances 1 (RCW 9A.56.360(2))
 
 
 
 
Securities Act violation (RCW 21.20.400)
 
 
 
 
Tampering with a Witness (RCW 9A.72.120)
 
 
 
 
 
 
Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2))
 
 
 
 
Theft of Livestock 2 (RCW 9A.56.083)
 
 
 
 
 
Theft of Motor Vehicle (third or subsequent offense) (RCW 9A.56.065)
 
 
 
 
Theft with the Intent to Resell 1 (RCW 9A.56.340(2))
 
 
 
 
Trafficking in Stolen Property 2 (RCW 9A.82.055)
 
 
 
 
Unlawful Hunting of Big Game 1 (RCW 77.15.410(3)(b))
 
 
 
 
Unlawful Imprisonment (RCW 9A.40.040)
 
 
 
 
 
Unlawful Misbranding of Food Fish or Shellfish 1 (RCW 69.04.938(3))
 
 
 
 
 
Unlawful possession of firearm in the second degree (RCW 9.41.040(2))
 
 
 
 
 
Unlawful Taking of Endangered Fish or Wildlife 1 (RCW 77.15.120(3)(b))
 
 
 
 
 
Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW 77.15.260(3)(b))
 
 
 
 
Unlawful Use of a Nondesignated Vessel (RCW 77.15.530(4))
 
 
 
 
 
 
 
Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)
 
 
 
 
 
Willful Failure to Return from Work Release (RCW 72.65.070)
 
 
 
 
II
Commercial Fishing Without a License 1 (RCW 77.15.500(3)(b))
 
 
 
 
Computer Trespass 1 (RCW 9A.90.040)
 
 
 
 
Counterfeiting (RCW 9.16.035(3))
 
 
 
 
 
Electronic Data Service Interference (RCW 9A.90.060)
 
 
 
 
Electronic Data Tampering 1 (RCW 9A.90.080)
 
 
 
 
Electronic Data Theft (RCW 9A.90.100)
 
 
 
 
 
Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620(3))
 
 
 
 
Escape from Community Custody (RCW 72.09.310)
 
 
 
 
 
 
 
Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.130 prior to June 10, 2010, and RCW 9A.44.132)
 
 
 
 
Health Care False Claims (RCW 48.80.030)
 
 
 
 
Identity Theft 2 (RCW 9.35.020(3))
 
 
 
 
Improperly Obtaining Financial Information (RCW 9.35.010)
 
 
 
 
Malicious Mischief 1 (RCW 9A.48.070)
 
 
 
 
 
Malicious Mischief 2 (motor vehicle, third or subsequent offense) (RCW 9A.48.080)
 
 
 
 
Organized Retail Theft 2 (RCW 9A.56.350(3))
 
 
 
 
Possession of Stolen Property 1 (RCW 9A.56.150)
 
 
 
 
Possession of a Stolen Vehicle (RCW 9A.56.068)
 
 
 
 
 
Retail Theft with Special Circumstances 2 (RCW 9A.56.360(3))
 
 
 
 
 
 
Scrap Processing, Recycling, or Supplying Without a License (second or subsequent offense) (RCW 19.290.100)
 
 
 
 
 
 
Taking Motor Vehicle Without Permission 2 (third or subsequent offense) (RCW 9A.56.075)
 
 
 
Theft 1 (RCW 9A.56.030)
 
 
 
 
Theft of a Motor Vehicle (RCW 9A.56.065)
 
 
 
 
 
 
 
Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at five thousand dollars or more) (RCW 9A.56.096(5)(a))
 
 
 
 
Theft with the Intent to Resell 2 (RCW 9A.56.340(3))
 
 
 
 
Trafficking in Insurance Claims (RCW 48.30A.015)
 
 
 
 
 
 
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a))
 
 
 
 
 
Unlawful Participation of Non-Indians in Indian Fishery (RCW 77.15.570(2))
 
 
 
 
Unlawful Practice of Law (RCW 2.48.180)
 
 
 
 
 
Unlawful Purchase or Use of a License (RCW 77.15.650(3)(b))
 
 
 
 
 
Unlawful Trafficking in Fish, Shellfish, or Wildlife 2 (RCW 77.15.260(3)(a))
 
 
 
 
 
Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
 
 
 
 
 
Vehicle Prowl 1 (third or subsequent offense) (RCW 9A.52.095)
 
 
 
Voyeurism (RCW 9A.44.115)
 
 
 
 
I
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
 
 
 
 
False Verification for Welfare (RCW 74.08.055)
 
 
 
Forgery (RCW 9A.60.020)
 
 
 
 
 
 
Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060)
 
 
 
 
Malicious Mischief 2 (RCW 9A.48.080)
 
 
 
 
Mineral Trespass (RCW 78.44.330)
 
 
 
 
Possession of Stolen Property 2 (RCW 9A.56.160)
 
 
 
 
Reckless Burning 1 (RCW 9A.48.040)
 
 
 
 
Spotlighting Big Game 1 (RCW 77.15.450(3)(b))
 
 
 
 
 
Suspension of Department Privileges 1 (RCW 77.15.670(3)(b))
 
 
 
 
 
Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075)
 
 
 
Theft 2 (RCW 9A.56.040)
 
 
 
 
 
 
 
 
 
Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at seven hundred fifty dollars or more but less than five thousand dollars) (RCW 9A.56.096(5)(b))
 
 
 
 
 
Transaction of insurance business beyond the scope of licensure (RCW 48.17.063)
 
 
 
 
 
Unlawful Fish and Shellfish Catch Accounting (RCW 77.15.630(3)(b))
 
 
 
 
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
 
 
 
 
 
Unlawful Possession of Fictitious Identification (RCW 9A.56.320)
 
 
 
 
 
Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320)
 
 
 
 
 
Unlawful Possession of Payment Instruments (RCW 9A.56.320)
 
 
 
 
 
Unlawful Possession of a Personal Identification Device (RCW 9A.56.320)
 
 
 
 
 
Unlawful Production of Payment Instruments (RCW 9A.56.320)
 
 
 
 
 
 
Unlawful Releasing, Planting, Possessing, or Placing Deleterious Exotic Wildlife (RCW 77.15.250(2)(b))
 
 
 
 
Unlawful Trafficking in Food Stamps (RCW 9.91.142)
 
 
 
 
Unlawful Use of Food Stamps (RCW 9.91.144)
 
 
 
 
Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b))
 
 
 
 
 
Unlawful Use of Prohibited Aquatic Animal Species (RCW 77.15.253(3))
 
 
 
 
Vehicle Prowl 1 (RCW 9A.52.095)
 
 
 
 
 
Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b))
 
PART II
COMMUNITY CUSTODY: CONCURRENT
Sec. 201.  RCW 9.94A.589 and 2015 2nd sp.s. c 3 s 13 are each amended to read as follows:
(1)(a) Except as provided in (b), (c), or (d) of this subsection, whenever a person is to be sentenced for two or more current offenses, the sentence range for each current offense shall be determined by using all other current and prior convictions as if they were prior convictions for the purpose of the offender score: PROVIDED, That if the court enters a finding that some or all of the current offenses encompass the same criminal conduct then those current offenses shall be counted as one crime. Sentences imposed under this subsection shall be served concurrently. Consecutive sentences may only be imposed under the exceptional sentence provisions of RCW 9.94A.535. "Same criminal conduct," as used in this subsection, means two or more crimes that require the same criminal intent, are committed at the same time and place, and involve the same victim. This definition applies in cases involving vehicular assault or vehicular homicide even if the victims occupied the same vehicle.
(b) Whenever a person is convicted of two or more serious violent offenses arising from separate and distinct criminal conduct, the standard sentence range for the offense with the highest seriousness level under RCW 9.94A.515 shall be determined using the offender's prior convictions and other current convictions that are not serious violent offenses in the offender score and the standard sentence range for other serious violent offenses shall be determined by using an offender score of zero. The standard sentence range for any offenses that are not serious violent offenses shall be determined according to (a) of this subsection. All sentences imposed under this subsection (1)(b) shall be served consecutively to each other and concurrently with sentences imposed under (a) of this subsection. However, unless the court expressly orders that the community custody terms run consecutively to each other, such terms shall run concurrently to each other even if the court orders the confinement terms to run consecutively to each other.
(c) If an offender is convicted under RCW 9.41.040 for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, the standard sentence range for each of these current offenses shall be determined by using all other current and prior convictions, except other current convictions for the felony crimes listed in this subsection (1)(c), as if they were prior convictions. The offender shall serve consecutive sentences for each conviction of the felony crimes listed in this subsection (1)(c), and for each firearm unlawfully possessed.
(d) All sentences imposed under RCW 46.61.502(6), 46.61.504(6), or 46.61.5055(4) shall be served consecutively to any sentences imposed under RCW 46.20.740 and 46.20.750.
(2)(a) ((Except as provided in (b) of this subsection,)) Whenever a person while under sentence for conviction of a felony commits another felony and is sentenced to another term of confinement, the latter term of confinement shall not begin until expiration of all prior terms of confinement. However, any terms of community custody shall run concurrently to each other, unless the court pronouncing the current sentence expressly orders that they be served consecutively.
(b) Whenever a second or later felony conviction results in consecutive community ((supervision)) custody with conditions not currently in effect, under the prior sentence or sentences of community ((supervision)) custody the court may require that the conditions of community ((supervision)) custody contained in the second or later sentence begin during the immediate term of community ((supervision)) custody and continue throughout the duration of the consecutive term of community ((supervision)) custody.
(3) Subject to subsections (1) and (2) of this section, whenever a person is sentenced for a felony that was committed while the person was not under sentence for conviction of a felony, the sentence shall run concurrently with any felony sentence which has been imposed by any court in this or another state or by a federal court subsequent to the commission of the crime being sentenced unless the court pronouncing the current sentence expressly orders that ((they)) the confinement terms be served consecutively to each other. Unless the court expressly orders that the community custody terms run consecutively, such terms run concurrently to each other even if the court orders the confinement terms to run consecutively to each other.
(4) Whenever any person granted probation under RCW 9.95.210 or 9.92.060, or both, has the probationary sentence revoked and a prison sentence imposed, that sentence shall run consecutively to any sentence imposed pursuant to this chapter, unless the court pronouncing the subsequent sentence expressly orders that they be served concurrently.
(5) ((In the case of consecutive sentences,)) All periods of total confinement shall be served before any partial confinement, community ((restitution, community supervision)) custody, or any other requirement or conditions of any of the sentences. ((Except for exceptional sentences as authorized under RCW 9.94A.535, if two or more sentences that run consecutively include periods of community supervision, the aggregate of the community supervision period shall not exceed twenty-four months.))
Sec. 202.  RCW 9.94B.050 and 2003 c 379 s 4 are each amended to read as follows:
When a court sentences an offender to a term of total confinement in the custody of the department for any of the offenses specified in this section, the court shall also sentence the offender to a term of community placement as provided in this section. Except as provided in RCW 9.94A.501, the department shall supervise any sentence of community placement imposed under this section.
(1) The court shall order a one-year term of community placement for the following:
(a) A sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990; or
(b) An offense committed on or after July 1, 1988, but before July 25, 1999, that is:
(i) Assault in the second degree;
(ii) Assault of a child in the second degree;
(iii) A crime against persons where it is determined in accordance with RCW ((9.94A.602)) 9.94A.825 that the offender or an accomplice was armed with a deadly weapon at the time of commission; or
(iv) A felony offense under chapter 69.50 or 69.52 RCW not sentenced under RCW 9.94A.660.
(2) The court shall sentence the offender to a term of community placement of two years or up to the period of earned release awarded pursuant to RCW 9.94A.728, whichever is longer, for:
(a) An offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, including those sex offenses also included in other offense categories;
(b) A serious violent offense other than a sex offense committed on or after July 1, 1990, but before July 1, 2000; or
(c) A vehicular homicide or vehicular assault committed on or after July 1, 1990, but before July 1, 2000.
(3) The community placement ordered under this section shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned release. When the court sentences an offender to the statutory maximum sentence then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible. Any period of community custody actually served shall be credited against the community placement portion of the sentence. The community placement shall run concurrently to any period of probation, parole, community supervision, community placement, or community custody previously imposed by any court in any jurisdiction, unless the court pronouncing the current sentence expressly orders that they be served consecutively to each other.
(4) Unless a condition is waived by the court, the terms of any community placement imposed under this section shall include the following conditions:
(a) The offender shall report to and be available for contact with the assigned community corrections officer as directed;
(b) The offender shall work at department-approved education, employment, or community restitution, or any combination thereof;
(c) The offender shall not possess or consume controlled substances except pursuant to lawfully issued prescriptions;
(d) The offender shall pay supervision fees as determined by the department; and
(e) The residence location and living arrangements shall be subject to the prior approval of the department during the period of community placement.
(5) As a part of any terms of community placement imposed under this section, the court may also order one or more of the following special conditions:
(a) The offender shall remain within, or outside of, a specified geographical boundary;
(b) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;
(c) The offender shall participate in crime-related treatment or counseling services;
(d) The offender shall not consume alcohol; or
(e) The offender shall comply with any crime-related prohibitions.
(6) An offender convicted of a felony sex offense against a minor victim after June 6, 1996, shall comply with any terms and conditions of community placement imposed by the department relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.
(7) Prior to or during community placement, upon recommendation of the department, the sentencing court may remove or modify any conditions of community placement so as not to be more restrictive.
NEW SECTION.  Sec. 203.  A new section is added to chapter 9.94B RCW to read as follows:
Except for exceptional sentences as authorized under RCW 9.94A.535, if two or more sentences that run consecutively include periods of community supervision that the court has expressly ordered to run consecutively, the aggregate of the community supervision period shall not exceed twenty-four months.
NEW SECTION.  Sec. 204.  The department of corrections must recalculate the scheduled end dates for terms of community custody, community supervision, and community placement so that they run concurrently to previously imposed sentences of community custody, community supervision, community placement, probation, and parole. This section applies to each offender currently in confinement or under active supervision, regardless of whether the offender is sentenced after the effective date of this section, and regardless of whether the offender's date of offense occurred prior to the effective date of this section or after.
NEW SECTION.  Sec. 205.  The legislature declares that the department of corrections' recalculations of community custody terms pursuant to this act do not create any expectations that a particular community custody term will end before July 1, 2017, and offenders have no reason to conclude that the recalculation of their community custody terms before July 1, 2017, is an entitlement or creates any liberty interest in their community custody term ending before July 1, 2017.
NEW SECTION.  Sec. 206.  The department of corrections has the authority to begin implementing sections 201 through 204 of this act upon the effective date of this section.
PART III
COMMUNITY CUSTODY: MOTOR VEHICLE OFFENSE PILOT
NEW SECTION.  Sec. 301.  A new section is added to chapter 9.94A RCW to read as follows:
(1) Subject to the availability of amounts appropriated for this purpose, a pilot program is established for the supervision of offenders convicted of felonies relating to the theft or taking of a motor vehicle.
(2) Notwithstanding the provisions of RCW 9.94A.701, until June 30, 2019, the court may sentence an offender to community custody for a term of one year when the court sentences the person to the custody of the department for theft of a motor vehicle (RCW 9A.56.065), possession of a stolen vehicle (RCW 9A.56.068), taking a motor vehicle without permission in the first degree (RCW 9A.56.070), taking a motor vehicle without permission in the second degree (RCW 9A.56.075), or a crime against property with a prior conviction for one of the preceding motor vehicle crimes.
(3) Notwithstanding the provisions of RCW 9.94A.501, the department shall supervise any offender sentenced to community custody pursuant to subsection (2) of this section.
(4) No later than November 1, 2020, the department must submit a report to the governor and the appropriate committees of the legislature analyzing the effectiveness of supervision in reducing recidivism among offenders committing felonies relating to the theft or taking of a motor vehicle. The department shall consult with the Washington state institute for public policy in guiding its data tracking efforts and preparing the report.
(5) This section expires December 31, 2020.
PART IV
COMMUNITY CUSTODY: GOOD TIME
Sec. 401.  RCW 9.94A.501 and 2016 sp.s. c 28 s 1 are each amended to read as follows:
(1) The department shall supervise the following offenders who are sentenced to probation in superior court, pursuant to RCW 9.92.060, 9.95.204, or 9.95.210:
(a) Offenders convicted of:
(i) Sexual misconduct with a minor second degree;
(ii) Custodial sexual misconduct second degree;
(iii) Communication with a minor for immoral purposes; and
(iv) Violation of RCW 9A.44.132(2) (failure to register); and
(b) Offenders who have:
(i) A current conviction for a repetitive domestic violence offense where domestic violence has been pleaded and proven after August 1, 2011; and
(ii) A prior conviction for a repetitive domestic violence offense or domestic violence felony offense where domestic violence has been pleaded and proven after August 1, 2011.
(2) Misdemeanor and gross misdemeanor offenders supervised by the department pursuant to this section shall be placed on community custody.
(3) The department shall supervise every felony offender sentenced to community custody pursuant to RCW 9.94A.701 or 9.94A.702 whose risk assessment classifies the offender as one who is at a high risk to reoffend.
(4) Notwithstanding any other provision of this section, the department shall supervise an offender sentenced to community custody regardless of risk classification if the offender:
(a) Has a current conviction for a sex offense or a serious violent offense and was sentenced to a term of community custody pursuant to RCW 9.94A.701, 9.94A.702, or 9.94A.507;
(b) Has been identified by the department as a dangerous mentally ill offender pursuant to RCW 72.09.370;
(c) Has an indeterminate sentence and is subject to parole pursuant to RCW 9.95.017;
(d) Has a current conviction for violating RCW 9A.44.132(1) (failure to register) and was sentenced to a term of community custody pursuant to RCW 9.94A.701;
(e)(i) Has a current conviction for a domestic violence felony offense where domestic violence has been pleaded and proven after August 1, 2011, and a prior conviction for a repetitive domestic violence offense or domestic violence felony offense where domestic violence was pleaded and proven after August 1, 2011. This subsection (4)(e)(i) applies only to offenses committed prior to July 24, 2015;
(ii) Has a current conviction for a domestic violence felony offense where domestic violence was pleaded and proven. The state and its officers, agents, and employees shall not be held criminally or civilly liable for its supervision of an offender under this subsection (4)(e)(ii) unless the state and its officers, agents, and employees acted with gross negligence;
(f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, or 9.94A.670;
(g) Is subject to supervision pursuant to RCW 9.94A.745; or
(h) Was convicted and sentenced under RCW 46.61.520 (vehicular homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6) (felony DUI), or RCW 46.61.504(6) (felony physical control).
(5) The department shall supervise any offender who is released by the indeterminate sentence review board and who was sentenced to community custody or subject to community custody under the terms of release.
(6) The department is not authorized to, and may not, supervise any offender sentenced to a term of community custody or any probationer unless the offender or probationer is one for whom supervision is required under this section or RCW 9.94A.5011.
(7) The department shall conduct a risk assessment for every felony offender sentenced to a term of community custody who may be subject to supervision under this section or RCW 9.94A.5011.
(8) The period of time the department is authorized to supervise an offender under this section may not exceed the duration of community custody specified under RCW 9.94B.050, 9.94A.701 (1) through (8), or 9.94A.702, except in cases where the court has imposed an exceptional term of community custody under RCW 9.94A.535.
(9) The period of time the department is authorized to supervise an offender under this section may be reduced by the earned award of positive achievement time pursuant to section 402 of this act.
NEW SECTION.  Sec. 402.  A new section is added to chapter 9.94A RCW to read as follows:
(1) If an offender sentenced under this chapter or chapter 9.94B RCW is supervised by the department, the offender may earn positive achievement time in accordance with procedures that are developed and adopted by the department.
(a) The positive achievement time shall be awarded to offenders who are in compliance with supervision terms and are making progress towards the goals of their individualized supervision case plan, including: Participation in specific targeted interventions, risk-related programming or treatment; or completing steps towards specific targeted goals that enhance protective factors and stability, as determined by the department.
(b) For each month of community custody served, offenders may earn positive achievement time of ten days.
(c) Positive achievement time is accrued monthly and time shall not be applied to an offender's term of supervision prior to the earning of the time.
(2) An offender is not eligible to earn positive achievement time if he or she:
(a) Was sentenced under RCW 9.94A.507 or 10.95.030;
(b) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, or 9.94A.670;
(c) Is subject to supervision pursuant to RCW 9.94A.745;
(d) Has been identified by the department as a dangerous mentally ill offender pursuant to RCW 72.09.370;
(e) Has an indeterminate sentence and is subject to parole pursuant to RCW 9.95.017; or
(f) Is serving community custody pursuant to early release under RCW 9.94A.730.
NEW SECTION.  Sec. 403.  The department of corrections has discretion to implement sections 401 and 402 of this act over a period of time not to exceed twelve months. For any offender under active supervision by the department as of the effective date of this section, he or she is not eligible to earn positive achievement time pursuant to section 402 of this act until he or she has received an orientation by the department regarding positive time.
PART V
HABITUAL PROPERTY OFFENDERS
NEW SECTION.  Sec. 501.  (1) The legislature finds there to be a significant number of property crimes in Washington and that the current practices in the criminal justice system are ineffective in reducing recidivism.
(2) The legislature further finds that a large portion of property crimes in Washington are committed by habitual offenders. Increasing the sanctions for habitual property offenders will provide more effective deterrents to recidivism. The legislature intends to enhance the courts' discretion to more appropriately sentence habitual property offenders with significant histories of burglary and theft.
NEW SECTION.  Sec. 502.  A new section is added to chapter 9.94A RCW to read as follows:
(1) The prosecuting attorney may file a special allegation when sufficient evidence exists to show that the accused is a habitual property offender.
(2) In a criminal case in which there has been a special allegation and the accused has been convicted of the underlying crime, the court shall make a finding of fact prior to sentencing whether the person is a habitual property offender based on the person's criminal history. If the court finds beyond a reasonable doubt that the person is a habitual property offender, the person shall be sentenced in accordance with RCW 9.94A.533(15).
(3) For purposes of this section, a person is a habitual property offender if:
(a) The present felony conviction for which the person is being sentenced is for residential burglary, burglary in the second degree, theft in the first degree, theft in the second degree, theft of a firearm, unlawful issuance of checks or drafts, organized retail theft, theft with special circumstances, or mail theft;
(b) The person has an offender score of nine points or higher;
(c) At least nine of the points in the person's offender score result from any combination of the following felony offenses: Residential burglary, burglary in the second degree, theft in the first degree, theft in the second degree, theft of a firearm, unlawful issuance of checks or drafts, organized retail theft, theft with special circumstances, or mail theft; and
(d) The person has either received drug treatment related to any felony conviction or has refused drug treatment related to any felony conviction.
Sec. 503.  RCW 9.94A.533 and 2016 c 203 s 7 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:
(i) Granted an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c); or
(ii) Released under the provisions of RCW 9.94A.730;
(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:
(i) Granted an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c); or
(ii) Released under the provisions of RCW 9.94A.730;
(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.
Notwithstanding any other provision of law, all impaired driving enhancements under this subsection are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other impaired driving enhancements, for all offenses sentenced under this chapter.
An offender serving a sentence under this subsection may be granted an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c).
(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 (a)(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 (a)(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:
(i) Granted an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c); or
(ii) Released under the provisions of RCW 9.94A.730;
(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 46.61.520 or for vehicular assault committed while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.522, 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.
(14) An additional twelve months shall be added to the standard sentence range for an offense that is also a violation of RCW 9.94A.832.
(15)(a) The following additional times shall be added to the standard sentence range if the court finds that the offender is a habitual property offender pursuant to section 502 of this act:
(i) Twenty-four months if the offender is being sentenced for a felony defined as a class B felony;
(ii) Twelve months if the offender is being sentenced for a felony defined as a class C felony.
(b) A sentence imposed pursuant to this subsection is not to exceed the statutory maximum for the crime as established in RCW 9A.20.021.
(c) Notwithstanding any other provision of law, all habitual property offender enhancements imposed under this subsection (15) are mandatory and shall be served in total confinement. However, whether or not the 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(1)(c).
PART VI
MOTOR VEHICLE PROPERTY OFFENDERS
Sec. 601.  RCW 9.94A.525 and 2013 2nd sp.s. c 35 s 8 are each amended to read as follows:
The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:
The offender score is the sum of points accrued under this section rounded down to the nearest whole number.
(1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.589.
(2)(a) Class A and sex prior felony convictions shall always be included in the offender score.
(b) Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction.
(c) Except as provided in (e) of this subsection, class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction.
(d) Except as provided in (e) of this subsection, serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction.
(e) If the present conviction is felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)), all predicate crimes for the offense as defined by RCW 46.61.5055(14) shall be included in the offender score, and prior convictions for felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)) shall always be included in the offender score. All other convictions of the defendant shall be scored according to this section.
(f) Prior convictions for a repetitive domestic violence offense, as defined in RCW 9.94A.030, shall not be included in the offender score if, since the last date of release from confinement or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction.
(g) This subsection applies to both adult and juvenile prior convictions.
(3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.
(4) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.
(5)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:
(i) Prior offenses which were found, under RCW 9.94A.589(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently or prior juvenile offenses for which sentences were served consecutively, whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.589(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used. The current sentencing court may presume that such other prior offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;
(ii) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. Use the conviction for the offense that yields the highest offender score.
(b) As used in this subsection (5), "served concurrently" means that: (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.
(6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense. When these convictions are used as criminal history, score them the same as a completed crime.
(7) If the present conviction is for a nonviolent offense and not covered by subsection (11), (12), or (13) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and 1/2 point for each juvenile prior nonviolent felony conviction.
(8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), (12), or (13) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.
(9) If the present conviction is for a serious violent offense, count three points for prior adult and juvenile convictions for crimes in this category, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.
(10) If the present conviction is for Burglary 1, count prior convictions as in subsection (8) of this section; however count two points for each prior adult Burglary 2 or residential burglary conviction, and one point for each prior juvenile Burglary 2 or residential burglary conviction.
(11) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense count one point for each adult and 1/2 point for each juvenile prior conviction; for each serious traffic offense, other than those used for an enhancement pursuant to RCW 46.61.520(2), count one point for each adult and 1/2 point for each juvenile prior conviction; count one point for each adult and 1/2 point for each juvenile prior conviction for operation of a vessel while under the influence of intoxicating liquor or any drug.
(12) If the present conviction is for homicide by watercraft or assault by watercraft count two points for each adult or juvenile prior conviction for homicide by watercraft or assault by watercraft; for each felony offense count one point for each adult and 1/2 point for each juvenile prior conviction; count one point for each adult and 1/2 point for each juvenile prior conviction for driving under the influence of intoxicating liquor or any drug, actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, or operation of a vessel while under the influence of intoxicating liquor or any drug.
(13) If the present conviction is for manufacture of methamphetamine count three points for each adult prior manufacture of methamphetamine conviction and two points for each juvenile manufacture of methamphetamine offense. If the present conviction is for a drug offense and the offender has a criminal history that includes a sex offense or serious violent offense, count three points for each adult prior felony drug offense conviction and two points for each juvenile drug offense. All other adult and juvenile felonies are scored as in subsection (8) of this section if the current drug offense is violent, or as in subsection (7) of this section if the current drug offense is nonviolent.
(14) If the present conviction is for Escape from Community Custody, RCW 72.09.310, count only prior escape convictions in the offender score. Count adult prior escape convictions as one point and juvenile prior escape convictions as 1/2 point.
(15) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions as 1/2 point.
(16) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (7) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 or residential burglary conviction, and one point for each juvenile prior Burglary 2 or residential burglary conviction.
(17) If the present conviction is for a sex offense, count priors as in subsections (7) through (11) and (13) through (16) of this section; however count three points for each adult and juvenile prior sex offense conviction.
(18) If the present conviction is for failure to register as a sex offender under RCW 9A.44.130 or 9A.44.132, count priors as in subsections (7) through (11) and (13) through (16) of this section; however count three points for each adult and juvenile prior sex offense conviction, excluding prior convictions for failure to register as a sex offender under RCW 9A.44.130 or 9A.44.132, which shall count as one point.
(19) If the present conviction is for an offense committed while the offender was under community custody, add one point. For purposes of this subsection, community custody includes community placement or postrelease supervision, as defined in chapter 9.94B RCW.
(20) If the present conviction is for Theft of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor Vehicle Without Permission 1, ((or)) Taking a Motor Vehicle Without Permission 2, Malicious Mischief 1 (motor vehicle), or Malicious Mischief 2 (motor vehicle), count priors as in subsections (7) through (18) of this section; however count one point for prior convictions of Vehicle Prowling 2, and three points for each adult and juvenile prior Theft 1 (of a motor vehicle), Theft 2 (of a motor vehicle), Possession of Stolen Property 1 (of a motor vehicle), Possession of Stolen Property 2 (of a motor vehicle), Theft of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor Vehicle Without Permission 1, ((or)) Taking a Motor Vehicle Without Permission 2, Malicious Mischief 1 (motor vehicle), or Malicious Mischief 2 (motor vehicle) conviction.
(21) If the present conviction is for a felony domestic violence offense where domestic violence as defined in RCW 9.94A.030 was ((plead [pleaded])) pleaded and proven, count priors as in subsections (7) through (20) of this section; however, count points as follows:
(a) Count two points for each adult prior conviction where domestic violence as defined in RCW 9.94A.030 was ((plead [pleaded])) pleaded and proven after August 1, 2011, for the following offenses: A violation of a no-contact order that is a felony offense, a violation of a protection order that is a felony offense, a felony domestic violence harassment offense, a felony domestic violence stalking offense, a domestic violence Burglary 1 offense, a domestic violence Kidnapping 1 offense, a domestic violence Kidnapping 2 offense, a domestic violence unlawful imprisonment offense, a domestic violence Robbery 1 offense, a domestic violence Robbery 2 offense, a domestic violence Assault 1 offense, a domestic violence Assault 2 offense, a domestic violence Assault 3 offense, a domestic violence Arson 1 offense, or a domestic violence Arson 2 offense;
(b) Count one point for each second and subsequent juvenile conviction where domestic violence as defined in RCW 9.94A.030 was ((plead [pleaded])) pleaded and proven after August 1, 2011, for the offenses listed in (a) of this subsection; and
(c) Count one point for each adult prior conviction for a repetitive domestic violence offense as defined in RCW 9.94A.030, where domestic violence as defined in RCW 9.94A.030, was ((plead [pleaded])) pleaded and proven after August 1, 2011.
(22) The fact that a prior conviction was not included in an offender's offender score or criminal history at a previous sentencing shall have no bearing on whether it is included in the criminal history or offender score for the current offense. Prior convictions that were not counted in the offender score or included in criminal history under repealed or previous versions of the sentencing reform act shall be included in criminal history and shall count in the offender score if the current version of the sentencing reform act requires including or counting those convictions. Prior convictions that were not included in criminal history or in the offender score shall be included upon any resentencing to ensure imposition of an accurate sentence.
PART VII
IDENTICARDS FOR PERSONS RELEASED FROM DEPARTMENT OF CORRECTIONS
NEW SECTION.  Sec. 701.  The legislature intends to create an identicard program to assist incarcerated offenders to obtain a state-issued identicard to aid and prepare offenders for release from prison and reentry into the community. The legislature finds that each step that assists individuals being released from prisons helps incarcerated offenders avoid predictable conditions that lead to future recidivism. In accordance with executive order 16-05 building safe and strong communities through successful reentry, this act intends to ensure that offenders released from state prisons have adequate identification in order to increase public safety and reduce recidivism.
NEW SECTION.  Sec. 702.  A new section is added to chapter 72.09 RCW to read as follows:
(1) Subject to the availability of amounts appropriated for this specific purpose, the department, working in conjunction with the department of licensing, shall create and implement an identicard program to provide offenders released within Washington state a state-issued identicard pursuant to RCW 46.20.117.
(2) An offender is eligible for an original, renewal, or replacement identicard pursuant to this section, provided he or she:
(a) Meets the department of licensing criteria under RCW 46.20.117;
(b) Is sentenced to the custody of the department, and is incarcerated within a correctional facility with an earned release date that is more than one year from his or her admission date;
(c) Has not been found to be subject to an immigration detainer or removal order and does not become subject to a removal order during the period of incarceration. The department must inquire as to a person's immigration status prior to issuance of an identicard in a manner consistent with RCW 10.70.140;
(d) Is expected to be released to a location within Washington state; and
(e) Pays a fee of eighteen dollars for the cost of the identicard.
(3) A state law enforcement agency, court, or the department may not be prohibited from investigating the legal presence of a person or identifying a defendant's legal presence on a judgment and sentence form or any other investigatory or arrest materials provided to the department after conviction for the purposes of this act.
Sec. 703.  RCW 46.20.117 and 2017 c 122 s 1 are each amended to read as follows:
(1) Issuance. The department shall issue an identicard, containing a picture, if the applicant:
(a)(i) Does not hold a valid Washington driver's license;
(((b))) (ii) Proves his or her identity as required by RCW 46.20.035; and
(((c))) (iii) Pays the required fee. Except as provided in (b) of this subsection or subsection (5) of this section, the fee is fifty-four dollars, unless an applicant is: (((i))) (A) A recipient of continuing public assistance grants under Title 74 RCW, who is referred in writing by the secretary of social and health services; or (((ii))) (B) under the age of eighteen and does not have a permanent residence address as determined by the department by rule. For those persons, the fee must be the actual cost of production of the identicard; or
(b) Is eligible for issuance of an identicard under section 702 of this act.
(i) A valid identification card issued by the department of corrections may serve as sufficient proof of identity and residency for an applicant under this subsection (1)(b);
(ii) An identicard issued under this subsection (1)(b) must expire two years from the first anniversary of the offender's birthdate after issuance; and
(iii) The department shall charge a fee of eighteen dollars for an identicard issued under this subsection (1)(b).
(2) Design and term. The identicard must:
(a) Be distinctly designed so that it will not be confused with the official driver's license; and
(b) Except as provided in subsection (1)(b) or (5) of this section, expire on the sixth anniversary of the applicant's birthdate after issuance.
(3) Renewal. An application for identicard renewal may be submitted by means of:
(a) Personal appearance before the department; or
(b) Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew his or her identicard by mail or by electronic commerce when it last expired.
An identicard may not be renewed by mail or by electronic commerce unless the renewal issued by the department includes a photograph of the identicard holder.
(4) Cancellation. The department may cancel an identicard if the holder of the identicard used the card or allowed others to use the card in violation of RCW 46.20.0921.
(5) Alternative issuance/renewal/extension. The department may issue or renew an identicard for a period other than six years, or may extend by mail or electronic commerce an identicard that has already been issued, in order to evenly distribute, as nearly as possible, the yearly renewal rate of identicard holders. The fee for an identicard issued or renewed for a period other than six years, or that has been extended by mail or electronic commerce, is nine dollars for each year that the identicard is issued, renewed, or extended. The department may adopt any rules as are necessary to carry out this subsection.
Sec. 704.  RCW 46.20.117 and 2017 c 122 s 2 are each amended to read as follows:
(1) Issuance. The department shall issue an identicard, containing a picture, if the applicant:
(a)(i) Does not hold a valid Washington driver's license;
(((b))) (ii) Proves his or her identity as required by RCW 46.20.035; and
(((c))) (iii) Pays the required fee. Except as provided in (b) of this subsection or subsection (5) of this section, the fee is fifty-four dollars, unless an applicant is: (((i))) (A) A recipient of continuing public assistance grants under Title 74 RCW, who is referred in writing by the secretary of social and health services; or (((ii))) (B) under the age of eighteen and does not have a permanent residence address as determined by the department by rule. For those persons, the fee must be the actual cost of production of the identicard; or
(b) Is eligible for issuance of an identicard under section 702 of this act.
(i) A valid identification card issued by the department of corrections may serve as sufficient proof of identity and residency for an applicant under this subsection (1)(b);
(ii) An identicard issued under this subsection (1)(b) must expire two years from the first anniversary of the offender's birthdate after issuance; and
(iii) The department shall charge a fee of eighteen dollars for an identicard issued under this subsection (1)(b).
(2)(a) Design and term. The identicard must:
(i) Be distinctly designed so that it will not be confused with the official driver's license; and
(ii) Except as provided in subsection (1)(b) or (5) of this section, expire on the sixth anniversary of the applicant's birthdate after issuance.
(b) The identicard may include the person's status as a veteran, consistent with RCW 46.20.161(2).
(3) Renewal. An application for identicard renewal may be submitted by means of:
(a) Personal appearance before the department; or
(b) Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew his or her identicard by mail or by electronic commerce when it last expired.
An identicard may not be renewed by mail or by electronic commerce unless the renewal issued by the department includes a photograph of the identicard holder.
(4) Cancellation. The department may cancel an identicard if the holder of the identicard used the card or allowed others to use the card in violation of RCW 46.20.0921.
(5) Alternative issuance/renewal/extension. The department may issue or renew an identicard for a period other than six years, or may extend by mail or electronic commerce an identicard that has already been issued, in order to evenly distribute, as nearly as possible, the yearly renewal rate of identicard holders. The fee for an identicard issued or renewed for a period other than six years, or that has been extended by mail or electronic commerce, is nine dollars for each year that the identicard is issued, renewed, or extended. The department may adopt any rules as are necessary to carry out this subsection.
NEW SECTION.  Sec. 705.  The department of corrections and the department of licensing may enter into a memorandum of understanding to meet the requirements of sections 702 through 704 of this act, and have discretion to implement sections 702 through 704 of this act over a period of time not to exceed twelve months from the effective date of this section.
PART VIII
APPLICABILITY AND EXPIRATION
Sec. 801.  2013 2nd sp.s. c 14 s 10 (uncodified) is amended to read as follows:
Section((s 1 and)) 5 of this act expires July 1, 2018.
NEW SECTION.  Sec. 802.  The following acts or parts of acts are each repealed:
(1) 2015 c 291 s 9;
(2) 2015 c 291 s 15 (uncodified); and
(3) 2015 c 291 s 16 (uncodified).
NEW SECTION.  Sec. 803.  Sections 201 through 204 of this act apply retroactively and prospectively regardless of the date of an offender's underlying offense.
NEW SECTION.  Sec. 804.  Section 703 of this act expires August 30, 2017.
NEW SECTION.  Sec. 805.  Section 704 of this act takes effect August 30, 2017.
NEW SECTION.  Sec. 806.  Sections 201 through 206 and 401 through 403 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.
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