HOUSE BILL REPORT

ESB 5233

As Amended by the House

BYSenators Pullen, Madsen, Rasmussen and Niemi

Changing provisions relating to the crime of burglary.

House Committe on Judiciary

Majority Report:  Do pass.  (16)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Inslee, P. King, R. Meyers, Moyer, H. Myers, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Bill Perry (786-7123)

Rereferred House Committee on Appropriations

Majority Report:  Do pass as amended. (27)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Minority Member; Youngsman, Assistant Ranking Minority Member; Appelwick, Belcher, Bowman, Braddock, Bristow, Brough, Dorn, Ebersole, Ferguson, Hine, May, McLean, Nealey, Padden, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

House Staff:      Jack Daray (786-7136)

AS PASSED HOUSE APRIL 11, 1989

BACKGROUND:

The crime of second degree burglary is committed when a person unlawfully enters a building with the intent to commit a crime against another person or against property.  The crime is a class B felony which means that it carries a maximum penalty of 10 years in prison and a fine of $20,000.  The crime is also ranked at seriousness level II under the sentencing reform act which means that for a first-time offender the standard presumptive term of imprisonment is between zero and 60 days.

SUMMARY:

The new crime of "residential burglary" is created.  This crime contains the same elements as second degree burglary except that it is limited to buildings that are "dwellings."  A dwelling is defined as any building or portion of a building that is ordinarily used by a person for lodging.

The new crime of residential burglary is a class B felony.  It is ranked at seriousness level IV under the sentencing reform act which means that for a first-time offender the standard presumptive term of imprisonment is between three and six months.

The crime of second degree burglary is no longer applicable to entries into dwellings.  Second degree burglary is raised from seriousness level II to level III which means that the standard presumptive term of imprisonment for a first-time offender is between zero and 90 days.

The sentencing guidelines commission and the juvenile disposition standards commission are directed to consider the new crime of residential burglary as more serious than second degree burglary.

Fiscal Note:      Available.

Effective Date:The bill takes effect July 1, 1990.

House Committee ‑ Testified For:    (Judiciary) Alan Wallis, Washington Association of Sheriffs and Police Chiefs; Doug Dills, Seattle Police Department; Dan Barrett, Seattle Police Department.

(Appropriations)  None Presented.

House Committee - Testified Against:      (Judiciary) None Presented.

(Appropriations) None Presented.

House Committee - Testimony For:    (Judiciary) The current penalties for second degree burglary are inadequate for the serious crime of home burglary.  Even repeat offenders may not get prison time under the current law.

(Appropriations) None Presented.

House Committee - Testimony Against:      (Judiciary) None Presented.

(Appropriations) None Presented.

VOTE ON MOTION to consider Governor's veto message

Yeas 90; Nays 1; Absent 1; Excused 6 - May 17, 1989

Voting Nay: Representative Sayan

Absent:     Representative Rayburn

Excused:    Representatives Beck, Betrozoff, Brooks, Brumsickle, Chandler and Hankins

VOTE ON FINAL PASSAGE:

      Yeas 97; Excused 1 - April 11, 1989 - as House amended

Excused:    Representative Gallagher