1178-S AMH BURN RUSM 221
SHB 1178 - H AMD 741
By Representative Burnett
On page 1, beginning on line 6, strike all of sections 1 and 2
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 38, beginning on line 10, after "(10)" strike all material through "(11)))" on line 28 and insert "(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)"
On page 46, beginning on line 1, strike all of section 8 and insert:
"NEW SECTION. Sec. 8. RCW 69.50.435 (Violations committed in or on certain public places or facilities——Additional penalty——Defenses——Construction——Definitions) and 2022 c 16 s 93, 2015 c 265 s 37, & 2003 c 53 s 346 are each repealed."
On page 46, line 8, strike all of sections 9 and 10
| EFFECT: Restores the requirement to multiply the standard sentence range by 125 percent for any offense where the person was over the age of 18 at the time of the offense, and the offense was a criminal street gang-related felony for which the person compensated, threatened, or solicited a minor to involve the minor in the offense.
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