HOUSE BILL REPORT

SSB 5947

As Amended by the House

BYSenate Committee on Law & Justice (originally sponsored by Senators McMullen, Pullen, Niemi, Talmadge, Murray and Anderson)

Establishing a procedure for considering abuse suffered by a defendant as a mitigating circumstance for an exceptional sentence.

House Committe on Judiciary

Majority Report:  Do pass with amendment.  (17)

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

House Staff:Pat Shelledy (786-7149)

AS PASSED HOUSE APRIL 14, 1989

BACKGROUND:

The Sentencing Reform act established a list of mitigating factors the court may consider in exercising its discretion to impose an exceptional sentence below the standard range.

The statute provides an illustrative, non-exclusive list of factors courts may consider as mitigating including the following: 1) the victim was the aggressor, 2) the defendant attempted to compensate the victim before detection, 3) the defendant committed the crime under duress, 4) the defendant had no predisposition to commit the crime and was induced by others, 5) the defendant's capacity to appreciate the wrongfulness of the conduct or conform the conduct to the requirements of law was significantly impaired, 6) another participant was the primary culprit and the defendant showed extreme caution or concern for the victim, and 7) the multiple offense policy is excessive considering the facts.  The list does not include long-term physical or sexual abuse by the defendant towards the victim.

SUMMARY:

The list of mitigating factors for imposition of a sentence below the standard range under the sentencing reform act is expanded.  The court may consider as a mitigating factor that "the defendant or the defendant's children suffered continuing pattern of physical or sexual abuse by the victim of the offense and the offense is a response to the abuse."

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Roxanne Park, Sentencing Guidelines Commission; Robert Jones, Skagit County Public Defenders; Mary Pontanello, New Beginnings; Lonnie Johns-Brown, Washington Coalition for Sexual Abuse Programs.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Expressly listing continual abuse as a mitigating factor will send a signal to judges that they should seriously consider abuse as a mitigating factor.

House Committee - Testimony Against:      None Presented.