5361-S AMH PS H1405.1
SSB 5361 - H COMM AMD
By Committee on Public Safety
ADOPTED 04/08/2021
Strike everything after the enacting clause and insert the following:
Sec. 1. "RCW 9.94A.519 and 2020 c 55 s 1 are each amended to read as follows:
(1) Except as provided in subsection (3) of this section, any offender sentenced for a violation of chapter 69.50 or 69.52 RCW that was committed prior to July 1, 2004, and who is serving a ((term of incarceration))current sentence under custody of the department of corrections for that offense on June 11, 2020, is entitled to a resentencing hearing. The prosecuting attorney for the county in which any offender was sentenced and to whom this section applies must review the sentencing documents. If the offender is serving a term of incarceration for a violation of chapter 69.50 or 69.52 RCW that was committed prior to July 1, 2004, the prosecuting attorney shall, or the offender may, make a motion for relief from sentence to the original sentencing court.
(2) The sentencing court shall grant the motion if it finds that the offender is serving a sentence for a violation of chapter 69.50 or 69.52 RCW that was committed prior to July 1, 2004, and shall immediately set an expedited date for resentencing. At resentencing, the court shall sentence the offender as if the offender had not previously been sentenced, provided the new sentence is no greater than the initial sentence. Notwithstanding the provisions of RCW 9.94A.345, the court shall sentence the offender based on the sentencing guidelines in effect on the effective date of this section.
(3) An offender is not entitled to resentencing under this section if the offender has been convicted of a ((most serious offense or violent offense))violent offense or sex offense involving a child.
(4) This section expires July 1, ((2021))2022.
Sec. 2. RCW 9.94A.345 and 2000 c 26 s 2 are each amended to read as follows:
((Any))Except as otherwise provided in this chapter, any sentence imposed under this chapter shall be determined in accordance with the law in effect when the current offense was committed.
NEW SECTION.  Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Correct the title.
EFFECT: Amends a provision in the Sentencing Reform Act and adds a cross-reference in order to clarify that the court must use current sentencing guidelines when resentencing a person in accordance with the requirements in the underlying bill.
--- END ---