H-0454.1
HOUSE BILL 1394
State of Washington
67th Legislature
2021 Regular Session
ByRepresentatives Young, Chase, and Sutherland
Read first time 01/27/21.Referred to Committee on Public Safety.
AN ACT Relating to unlawful discharge of a laser offenses; amending RCW 9A.49.020, 9A.49.030, 9A.49.040, and 9.94A.515; reenacting and amending RCW 9.94A.533 and 9.94A.030; adding a new section to chapter 9A.49 RCW; adding a new section to chapter 9.94A RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1. A new section is added to chapter 9A.49 RCW to read as follows:
(1) A person is guilty of unlawful discharge of a laser in the first degree if he or she knowingly and maliciously discharges a laser at a person and as a result causes any form of full or partial visual or ophthalmic degradation to one or both eyes of that person.
(2) Unlawful discharge of a laser in the first degree is a class A felony.
Sec. 2. RCW 9A.49.020 and 1999 c 180 s 3 are each amended to read as follows:
(1) A person is guilty of unlawful discharge of a laser in the ((first))second degree if he or she knowingly and maliciously discharges a laser, under circumstances not amounting to malicious mischief in the first degree:
(a) At a law enforcement officer or other employee of a law enforcement agency who is performing his or her official duties in uniform or exhibiting evidence of his or her authority, and in a manner that would support that officer's or employee's reasonable belief that he or she is targeted with a laser sighting device or system; or
(b) At a law enforcement officer or other employee of a law enforcement agency who is performing his or her official duties, causing an impairment of the safety or operation of a law enforcement vehicle or causing an interruption or impairment of service rendered to the public by negatively affecting the officer or employee; or
(c) At a pilot, causing an impairment of the safety or operation of an aircraft or causing an interruption or impairment of service rendered to the public by negatively affecting the pilot; or
(d) At a firefighter or other employee of a fire department, county fire marshal's office, county fire prevention bureau, or fire protection district who is performing his or her official duties, causing an impairment of the safety or operation of an emergency vehicle or causing an interruption or impairment of service rendered to the public by negatively affecting the firefighter or employee; or
(e) At a transit operator or driver of a public or private transit company while that person is performing his or her official duties, causing an impairment of the safety or operation of a transit vehicle or causing an interruption or impairment of service rendered to the public by negatively affecting the operator or driver; or
(f) At a school bus driver employed by a school district or private company while the driver is performing his or her official duties, causing an impairment of the safety or operation of a school bus or causing an interruption or impairment of service by negatively affecting the bus driver.
(2) Except as provided in RCW 9A.49.040, unlawful discharge of a laser in the ((first))second degree is a class C felony.
Sec. 3. RCW 9A.49.030 and 1999 c 180 s 4 are each amended to read as follows:
(1) A person is guilty of unlawful discharge of a laser in the ((second))third degree if he or she knowingly and maliciously discharges a laser, under circumstances not amounting to unlawful discharge of a laser in the first or second degree or malicious mischief in the first or second degree:
(a) At a person, not described in RCW 9A.49.020(1) (a) through (f), who is operating a motor vehicle at the time, causing an impairment of the safety or operation of a motor vehicle by negatively affecting the driver; or
(b) At a person described in RCW 9A.49.020(1) (b) through (f), causing a substantial risk of an impairment or interruption as described in RCW 9A.49.020(1) (b) through (f); or
(c) At a person in order to intimidate or threaten that person.
(2) Except as provided in RCW 9A.49.040, unlawful discharge of a laser in the ((second))third degree is a gross misdemeanor.
Sec. 4. RCW 9A.49.040 and 1999 c 180 s 5 are each amended to read as follows:
Unlawful discharge of a laser in the ((first degree or)) second or third degree is a civil infraction if committed by a juvenile who has not before committed ((either))an offense under this chapter. The monetary penalty imposed upon a juvenile may not exceed ((one hundred dollars))$100.
Sec. 5. RCW 9.94A.515 and 2020 c 344 s 4 are each 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))
 
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)
 
 
Trafficking 2 (RCW 9A.40.100(3))
 
XI
Manslaughter 1 (RCW 9A.32.060)
 
 
Rape 2 (RCW 9A.44.050)
 
 
Rape of a Child 2 (RCW 9A.44.076)
 
 
Unlawful discharge of a laser 1 (Section 1 of this act)
 
 
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)
 
 
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)
 
 
False Reporting 1 (RCW 9A.84.040(2)(a))
 
 
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)
 
 
Sell, install, 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 or Bump-fire Stock 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)
 
 
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)
 
 
Theft of a Firearm (RCW 9A.56.300)
 
 
Theft from a Vulnerable Adult 1 (RCW 9A.56.400(1))
 
 
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, 26.26B.050, 26.50.110, 26.52.070, or 74.34.145)
 
 
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)
 
 
Possession of a Stolen Firearm (RCW 9A.56.310)
 
 
Rape 3 (RCW 9A.44.060)
 
 
Rendering Criminal Assistance 1 (RCW 9A.76.070)
 
 
Sell, install, 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 4 (third domestic violence offense) (RCW 9A.36.041(3))
 
 
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))
 
 
Driving While Under the Influence (RCW 46.61.502(6))
 
 
Endangerment with a Controlled Substance (RCW 9A.42.100)
 
 
Escape 1 (RCW 9A.76.110)
 
 
Hate Crime (RCW 9A.36.080)
 
 
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)
 
 
Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6))
 
 
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)
 
 
False Reporting 2 (RCW 9A.84.040(2)(b))
 
 
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)
 
 
Manufacture of Untraceable Firearm with Intent to Sell (RCW 9.41.190)
 
 
Manufacture or Assembly of an Undetectable Firearm or Untraceable Firearm (RCW 9.41.325)
 
 
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, Bump-Fire Stock, Undetectable Firearm, or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
 
 
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 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 Fish or Shellfish 1 (RCW 77.140.060(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)
 
 
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)
 
 
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))$5,000 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))
 
 
Voyeurism 1 (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 from a Vulnerable Adult 2 (RCW 9A.56.400(2))
 
 
Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at ((seven hundred fifty dollars))$750 or more but less than ((five thousand dollars))$5,000) (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))
 
Sec. 6. RCW 9.94A.533 and 2020 c 330 s 1 and 2020 c 141 s 1 are each reenacted and amended to read as follows:
(1) The provisions of this section apply to the standard sentence ranges determined by RCW 9.94A.510 or 9.94A.517.
(2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the standard sentence range is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by ((seventy-five))75 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))20 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))10 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 or bump-fire stock, 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 or bump-fire stock 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))20 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))10 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 or bump-fire stock, 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 or bump-fire stock 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))24 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))20 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))10 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))18 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))125 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))12 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))12 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))12 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))16 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, including other minor child enhancements, for all offenses sentenced under this chapter. 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 shall be mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions.
(14) An additional ((twelve))12 months shall be added to the standard sentence range for an offense that is also a violation of RCW 9.94A.832.
(15) An additional 60 months shall be added to the standard sentence range for a conviction of unlawful discharge of a laser in the first degree as defined by section 1 of this act, if the conviction included a finding by special allegation that the offense was committed against a law enforcement officer or other employee of a law enforcement agency who was acting in the course of his or her official duties at the time of the offense under section 7 of this act.
(16) Regardless of any provisions in this section, if a person is being sentenced in adult court for a crime committed under age eighteen, the court has full discretion to depart from mandatory sentencing enhancements and to take the particular circumstances surrounding the defendant's youth into account.
NEW SECTION.  Sec. 7. A new section is added to chapter 9.94A RCW to read as follows:
In a criminal case where:
(1) The defendant has been convicted of unlawful discharge of a laser in the first degree under section 1 of this act; and
(2) There has been a special allegation pleaded and proven beyond a reasonable doubt that the offense was committed against a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the offense;
the court shall make a finding of fact of the special allegation, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to the special allegation.
Sec. 8. RCW 9.94A.030 and 2020 c 296 s 2, 2020 c 252 s 4, and 2020 c 137 s 1 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Board" means the indeterminate sentence review board created under chapter 9.95 RCW.
(2) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department, means that the department, either directly or through a collection agreement authorized by RCW 9.94A.760, is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.
(3) "Commission" means the sentencing guidelines commission.
(4) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.
(5) "Community custody" means that portion of an offender's sentence of confinement in lieu of earned release time or imposed as part of a sentence under this chapter and served in the community subject to controls placed on the offender's movement and activities by the department.
(6) "Community protection zone" means the area within ((eight hundred eighty))880 feet of the facilities and grounds of a public or private school.
(7) "Community restitution" means compulsory service, without compensation, performed for the benefit of the community by the offender.
(8) "Confinement" means total or partial confinement.
(9) "Conviction" means an adjudication of guilt pursuant to Title 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.
(10) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.
(11) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere, and any issued certificates of restoration of opportunity pursuant to RCW 9.97.020.
(a) The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.
(b) A conviction may be removed from a defendant's criminal history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 9.95.240, or a similar out-of-state statute, or if the conviction has been vacated pursuant to a governor's pardon. However, when a defendant is charged with a recidivist offense, "criminal history" includes a vacated prior conviction for the sole purpose of establishing that such vacated prior conviction constitutes an element of the present recidivist offense as provided in RCW 9.94A.640(3)(b) and 9.96.060(6)(c).
(c) The determination of a defendant's criminal history is distinct from the determination of an offender score. A prior conviction that was not included in an offender score calculated pursuant to a former version of the sentencing reform act remains part of the defendant's criminal history.
(12) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having a common name or common identifying sign or symbol, having as one of its primary activities the commission of criminal acts, and whose members or associates individually or collectively engage in or have engaged in a pattern of criminal street gang activity. This definition does not apply to employees engaged in concerted activities for their mutual aid and protection, or to the activities of labor and bona fide nonprofit organizations or their members or agents.
(13) "Criminal street gang associate or member" means any person who actively participates in any criminal street gang and who intentionally promotes, furthers, or assists in any criminal act by the criminal street gang.
(14) "Criminal street gang-related offense" means any felony or misdemeanor offense, whether in this state or elsewhere, that is committed for the benefit of, at the direction of, or in association with any criminal street gang, or is committed with the intent to promote, further, or assist in any criminal conduct by the gang, or is committed for one or more of the following reasons:
(a) To gain admission, prestige, or promotion within the gang;
(b) To increase or maintain the gang's size, membership, prestige, dominance, or control in any geographical area;
(c) To exact revenge or retribution for the gang or any member of the gang;
(d) To obstruct justice, or intimidate or eliminate any witness against the gang or any member of the gang;
(e) To directly or indirectly cause any benefit, aggrandizement, gain, profit, or other advantage for the gang, its reputation, influence, or membership; or
(f) To provide the gang with any advantage in, or any control or dominance over any criminal market sector, including, but not limited to, manufacturing, delivering, or selling any controlled substance (chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen property (chapter 9A.82 RCW); promoting prostitution (chapter 9A.88 RCW); human trafficking (RCW 9A.40.100); promoting commercial sexual abuse of a minor (RCW 9.68A.101); or promoting pornography (chapter 9.68 RCW).
(15) "Day fine" means a fine imposed by the sentencing court that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.
(16) "Day reporting" means a program of enhanced supervision designed to monitor the offender's daily activities and compliance with sentence conditions, and in which the offender is required to report daily to a specific location designated by the department or the sentencing court.
(17) "Department" means the department of corrections.
(18) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community custody, the number of actual hours or days of community restitution work, or dollars or terms of a legal financial obligation. The fact that an offender through earned release can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.
(19) "Disposable earnings" means that part of the earnings of an offender remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.
(20) "Domestic violence" has the same meaning as defined in RCW 10.99.020 and 26.50.010.
(21) "Drug offender sentencing alternative" is a sentencing option available to persons convicted of a felony offense who are eligible for the option under RCW 9.94A.660.
(22) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.4013) or forged prescription for a controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.
(23) "Earned release" means earned release from confinement as provided in RCW 9.94A.728.
(24) "Electronic monitoring" means tracking the location of an individual through the use of technology that is capable of determining or identifying the monitored individual's presence or absence at a particular location including, but not limited to:
(a) Radio frequency signaling technology, which detects if the monitored individual is or is not at an approved location and notifies the monitoring agency of the time that the monitored individual either leaves the approved location or tampers with or removes the monitoring device; or
(b) Active or passive global positioning system technology, which detects the location of the monitored individual and notifies the monitoring agency of the monitored individual's location and which may also include electronic monitoring with victim notification technology that is capable of notifying a victim or protected party, either directly or through a monitoring agency, if the monitored individual enters within the restricted distance of a victim or protected party, or within the restricted distance of a designated location.
(25) "Escape" means:
(a) Sexually violent predator escape (RCW 9A.76.115), escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.
(26) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), felony hit-and-run injury-accident (RCW 46.52.020(4)), 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)); or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.
(27) "Fine" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specific period of time.
(28) "First-time offender" means any person who has no prior convictions for a felony and is eligible for the first-time offender waiver under RCW 9.94A.650.
(29) "Home detention" is a subset of electronic monitoring and means a program of partial confinement available to offenders wherein the offender is confined in a private residence ((twenty-four))24 hours a day, unless an absence from the residence is approved, authorized, or otherwise permitted in the order by the court or other supervising agency that ordered home detention, and the offender is subject to electronic monitoring.
(30) "Homelessness" or "homeless" means a condition where an individual lacks a fixed, regular, and adequate nighttime residence and who has a primary nighttime residence that is:
(a) A supervised, publicly or privately operated shelter designed to provide temporary living accommodations;
(b) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; or
(c) A private residence where the individual stays as a transient invitee.
(31) "Legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to RCW 38.52.430.
(32) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies:
(a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child under age fourteen;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Sexual exploitation;
(p) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;
(q) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(r) Any other class B felony offense with a finding of sexual motivation;
(s) Any other felony with a deadly weapon verdict under RCW 9.94A.825;
(t) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection;
(u)(i) A prior conviction for indecent liberties under RCW 9A.44.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;
(ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of ((fourteen))14; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997;
(v) Any out-of-state conviction for a felony offense with a finding of sexual motivation if the minimum sentence imposed was ((ten))10 years or more; provided that the out-of-state felony offense must be comparable to a felony offense under this title and Title 9A RCW and the out-of-state definition of sexual motivation must be comparable to the definition of sexual motivation contained in this section.
(33) "Nonviolent offense" means an offense which is not a violent offense.
(34) "Offender" means a person who has committed a felony established by state law and is ((eighteen))18 years of age or older or is less than ((eighteen))18 years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. In addition, for the purpose of community custody requirements under this chapter, "offender" also means a misdemeanant or gross misdemeanant probationer ordered by a superior court to probation pursuant to RCW 9.92.060, 9.95.204, or 9.95.210 and supervised by the department pursuant to RCW 9.94A.501 and 9.94A.5011. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.
(35) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention, electronic monitoring, or work crew has been ordered by the court or home detention has been ordered by the department as part of the parenting program or the graduated reentry program, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, electronic monitoring, and a combination of work crew, electronic monitoring, and home detention.
(36) "Pattern of criminal street gang activity" means:
(a) The commission, attempt, conspiracy, or solicitation of, or any prior juvenile adjudication of or adult conviction of, two or more of the following criminal street gang-related offenses:
(i) Any "serious violent" felony offense as defined in this section, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of a Child 1 (RCW 9A.36.120);
(ii) Any "violent" offense as defined by this section, excluding Assault of a Child 2 (RCW 9A.36.130);
(iii) Deliver or Possession with Intent to Deliver a Controlled Substance (chapter 69.50 RCW);
(iv) Any violation of the firearms and dangerous weapon act (chapter 9.41 RCW);
(v) Theft of a Firearm (RCW 9A.56.300);
(vi) Possession of a Stolen Firearm (RCW 9A.56.310);
(vii) Hate Crime (RCW 9A.36.080);
(viii) Harassment where a subsequent violation or deadly threat is made (RCW 9A.46.020(2)(b));
(ix) Criminal Gang Intimidation (RCW 9A.46.120);
(x) Any felony conviction by a person eighteen years of age or older with a special finding of involving a juvenile in a felony offense under RCW 9.94A.833;
(xi) Residential Burglary (RCW 9A.52.025);
(xii) Burglary 2 (RCW 9A.52.030);
(xiii) Malicious Mischief 1 (RCW 9A.48.070);
(xiv) Malicious Mischief 2 (RCW 9A.48.080);
(xv) Theft of a Motor Vehicle (RCW 9A.56.065);
(xvi) Possession of a Stolen Motor Vehicle (RCW 9A.56.068);
(xvii) Taking a Motor Vehicle Without Permission 1 (RCW 9A.56.070);
(xviii) Taking a Motor Vehicle Without Permission 2 (RCW 9A.56.075);
(xix) Extortion 1 (RCW 9A.56.120);
(xx) Extortion 2 (RCW 9A.56.130);
(xxi) Intimidating a Witness (RCW 9A.72.110);
(xxii) Tampering with a Witness (RCW 9A.72.120);
(xxiii) Reckless Endangerment (RCW 9A.36.050);
(xxiv) Coercion (RCW 9A.36.070);
(xxv) Harassment (RCW 9A.46.020); or
(xxvi) Malicious Mischief 3 (RCW 9A.48.090);
(b) That at least one of the offenses listed in (a) of this subsection shall have occurred after July 1, 2008;
(c) That the most recent committed offense listed in (a) of this subsection occurred within three years of a prior offense listed in (a) of this subsection; and
(d) Of the offenses that were committed in (a) of this subsection, the offenses occurred on separate occasions or were committed by two or more persons.
(37) "Persistent offender" is an offender who:
(a)(i) Has been convicted in this state of any felony considered a most serious offense; and
(ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.525; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or
(b)(i) Has been convicted of: (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) any of the following offenses with a finding of sexual motivation: Murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, assault of a child in the second degree, or burglary in the first degree; or (C) an attempt to commit any crime listed in this subsection (37)(b)(i); and
(ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection or any federal or out-of-state offense or offense under prior Washington law that is comparable to the offenses listed in (b)(i) of this subsection. A conviction for rape of a child in the first degree constitutes a conviction under (b)(i) of this subsection only when the offender was ((sixteen))16 years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under (b)(i) of this subsection only when the offender was ((eighteen))18 years of age or older when the offender committed the offense.
(38) "Predatory" means: (a) The perpetrator of the crime was a stranger to the victim, as defined in this section; (b) the perpetrator established or promoted a relationship with the victim prior to the offense and the victimization of the victim was a significant reason the perpetrator established or promoted the relationship; or (c) the perpetrator was: (i) A teacher, counselor, volunteer, or other person in authority in any public or private school and the victim was a student of the school under his or her authority or supervision. For purposes of this subsection, "school" does not include home-based instruction as defined in RCW 28A.225.010; (ii) a coach, trainer, volunteer, or other person in authority in any recreational activity and the victim was a participant in the activity under his or her authority or supervision; (iii) a pastor, elder, volunteer, or other person in authority in any church or religious organization, and the victim was a member or participant of the organization under his or her authority; or (iv) a teacher, counselor, volunteer, or other person in authority providing home-based instruction and the victim was a student receiving home-based instruction while under his or her authority or supervision. For purposes of this subsection: (A) "Home-based instruction" has the same meaning as defined in RCW 28A.225.010; and (B) "teacher, counselor, volunteer, or other person in authority" does not include the parent or legal guardian of the victim.
(39) "Private school" means a school regulated under chapter 28A.195 or 28A.205 RCW.
(40) "Public school" has the same meaning as in RCW 28A.150.010.
(41) "Recidivist offense" means a felony offense where a prior conviction of the same offense or other specified offense is an element of the crime including, but not limited to:
(a) Assault in the fourth degree where domestic violence is pleaded and proven, RCW 9A.36.041(3);
(b) Cyberstalking, RCW 9.61.260(3)(a);
(c) Harassment, RCW 9A.46.020(2)(b)(i);
(d) Indecent exposure, RCW 9A.88.010(2)(c);
(e) Stalking, RCW 9A.46.110(5)(b) (i) and (iii);
(f) Telephone harassment, RCW 9.61.230(2)(a); and
(g) Violation of a no-contact or protection order, RCW 26.50.110(5).
(42) "Repetitive domestic violence offense" means any:
(a)(i) Domestic violence assault that is not a felony offense under RCW 9A.36.041;
(ii) Domestic violence violation of a no-contact order under chapter 10.99 RCW that is not a felony offense;
(iii) Domestic violence violation of a protection order under chapter 26.09, 26.10, 26.26A, 26.26B, or 26.50 RCW that is not a felony offense;
(iv) Domestic violence harassment offense under RCW 9A.46.020 that is not a felony offense; or
(v) Domestic violence stalking offense under RCW 9A.46.110 that is not a felony offense; or
(b) Any federal, out-of-state, tribal court, military, county, or municipal conviction for an offense that under the laws of this state would be classified as a repetitive domestic violence offense under (a) of this subsection.
(43) "Restitution" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specified period of time as payment of damages. The sum may include both public and private costs.
(44) "Risk assessment" means the application of the risk instrument recommended to the department by the Washington state institute for public policy as having the highest degree of predictive accuracy for assessing an offender's risk of reoffense.
(45) "Serious traffic offense" means:
(a) Nonfelony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), nonfelony actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.
(46) "Serious violent offense" is a subcategory of violent offense and means:
(a)(i) Murder in the first degree;
(ii) Homicide by abuse;
(iii) Murder in the second degree;
(iv) Manslaughter in the first degree;
(v) Assault in the first degree;
(vi) Kidnapping in the first degree;
(vii) Rape in the first degree;
(viii) Assault of a child in the first degree; ((or))
(ix) Unlawful discharge of a laser in the first degree; or
(x) An attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.
(47) "Sex offense" means:
(a)(i) A felony that is a violation of chapter 9A.44 RCW other than RCW 9A.44.132;
(ii) A violation of RCW 9A.64.020;
(iii) A felony that is a violation of chapter 9.68A RCW other than RCW 9.68A.080;
(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes; or
(v) A felony violation of RCW 9A.44.132(1) (failure to register as a sex offender) if the person has been convicted of violating RCW 9A.44.132(1) (failure to register as a sex offender) or 9A.44.130 prior to June 10, 2010, on at least one prior occasion;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;
(c) A felony with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135; or
(d) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.
(48) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.
(49) "Standard sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.
(50) "Statutory maximum sentence" means the maximum length of time for which an offender may be confined as punishment for a crime as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the crime, or other statute defining the maximum penalty for a crime.
(51) "Stranger" means that the victim did not know the offender ((twenty-four))24 hours before the offense.
(52) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for ((twenty-four))24 hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
(53) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.
(54) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.
(55) "Violent offense" means:
(a) Any of the following felonies:
(i) Any felony defined under any law as a class A felony or an attempt to commit a class A felony;
(ii) Criminal solicitation of or criminal conspiracy to commit a class A felony;
(iii) Manslaughter in the first degree;
(iv) Manslaughter in the second degree;
(v) Indecent liberties if committed by forcible compulsion;
(vi) Kidnapping in the second degree;
(vii) Arson in the second degree;
(viii) Assault in the second degree;
(ix) Assault of a child in the second degree;
(x) Extortion in the first degree;
(xi) Robbery in the second degree;
(xii) Drive-by shooting;
(xiii) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner; and
(xiv) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.
(56) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community that complies with RCW 9.94A.725.
(57) "Work ethic camp" means an alternative incarceration program as provided in RCW 9.94A.690 designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.
(58) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school.
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