HB 1637 — Allowing a court to mitigate a criminal sentence when the defendant was experiencing mental illness at the time of the offense.

H-2426.1Z-0388.2 SUBSTITUTE HOUSE BILL 1637 State of Washington 67th Legislature 2022 Regular Session By House Public Safety (originally sponsored by Representatives Simmons, Taylor, Ryu, Bateman, Davis, Macri, Peterson, Pollet, Ormsby, Harris-Talley, and Frame;

by request of Administrative Office of the Courts)Courts READPrefiled FIRST12/13/21. TIME 01/31/22.

Read first time 01/10/22.

Referred to Committee on Public Safety.

1 SHBHB 1637 concurrently is an exceptional sentence subject to the limitations in this section, and may be appealed by the offender or the state as set forth in RCW 9.94A.585 (2) through (6).

This includes, but is not limited to, impairment by a mental health condition at the time of the offense.

(f) The offensedefendant's behavior was principallyimpacted accomplished by anothera personmental andhealth thecondition defendantat manifested extreme caution or sincere concern for the safetytime or well-being of the victim.offense.

(g) The operation of the multiple offense policywas ofprincipally RCWaccomplished 9.94A.589by resultsanother inperson aand presumptivethe sentencedefendant thatmanifested isextreme clearlycaution excessiveor insincere lightconcern offor the purposesafety ofor thiswell-being chapter,of asthe expressedvictim. in RCW 9.94A.010.

(((g))) (h) The defendantoperation orof the defendant'smultiple childrenoffense sufferedpolicy aof continuingRCW pattern9.94A.589 ofresults physicalin ora sexualpresumptive abusesentence bythat theis victimclearly ofexcessive thein offenselight andof the offensepurpose isof athis responsechapter, toas thatexpressed abuse.in RCW 9.94A.010.

(((h))) (i) The defendant wasor makingthe adefendant's goodchildren faithsuffered efforta tocontinuing obtainpattern of physical or providesexual medicalabuse assistanceby forthe someonevictim whoof isthe experiencingoffense and the offense is a drug-response relatedto overdose.that abuse.

(((i))) (j) The current offense involved domestic violence, as defined in RCW 10.99.020, and the defendant sufferedwas making a continuinggood patternfaith ofeffort coercion,to control,obtain or abuseprovide bymedical theassistance victimfor ofsomeone thewho offense and the offense is experiencing a responsedrug-related tooverdose. that coercion, control, or abuse.

(((j))) (k) The current offense involved domestic violence, as defined in RCW 10.99.020, and the defendant suffered a continuing p.

2 SHBHB 1637 (k)pattern Theof defendantcoercion, wascontrol, convictedor ofabuse vehicular homicide, by the operationvictim of athe vehicleoffense in a reckless manner and has committed no other previous serious traffic offenses as defined in RCW 9.94A.030, and the sentenceoffense is clearlya excessiveresponse into lightthat ofcoercion, thecontrol, purposeor ofabuse. this chapter, as expressed in RCW 9.94A.010.

(((k))) (l) The defendant was convicted of vehicular homicide, by the operation of a vehicle in a reckless manner and has committed no other previous serious traffic offenses as defined in RCW 9.94A.030, and the sentence is clearly excessive in light of the purpose of this chapter, as expressed in RCW 9.94A.010.

(c) The current offense was a violent offense, and the defendant knew that the victim of the current offense was pregnant.

3 SHBHB 1637 (d)(c) The current offense was a majorviolent economicoffense, offenseand orthe seriesdefendant ofknew offenses,that sothe identifiedvictim by a consideration of anythe ofcurrent theoffense followingwas factors:pregnant.

(d) The current offense was a major economic offense or series of offenses, so identified by a consideration of any of the following factors:

(g) The offense was part of an ongoing pattern of sexual abuse of the same victim under the age of eighteen years manifested by multiple incidents over a prolonged period of time.

4 SHBHB 1637 (h)(g) The current offense involvedwas domesticpart violence,of asan definedongoing inpattern RCWof 10.99.020,sexual orabuse stalking,of asthe definedsame invictim RCWunder 9A.46.110,the andage oneof oreighteen moreyears ofmanifested theby followingmultiple wasincidents present:over a prolonged period of time.

(h) The current offense involved domestic violence, as defined in RCW 10.99.020, or stalking, as defined in RCW 9A.46.110, and one or more of the following was present:

(t) The defendant committed the current offense shortly after being released from incarceration.

5 SHBHB 1637 (u)(t) The currentdefendant offensecommitted is a burglary and the victimcurrent ofoffense theshortly burglaryafter wasbeing presentreleased infrom theincarceration. building or residence when the crime was committed.

(u) The current offense is a burglary and the victim of the burglary was present in the building or residence when the crime was committed.

(dd) The current offense involved a felony crime against persons, except for assault in the third degree pursuant to RCW 9A.36.031(1)(k), that occurs in a courtroom, jury room, judge's p.

6 SHBHB 1637 (dd) The current offense involved a felony crime against persons, except for assault in the third degree pursuant to RCW 9A.36.031(1)(k), that occurs in a courtroom, jury room, judge's chamber, or any waiting area or corridor immediately adjacent to a courtroom, jury room, or judge's chamber.

7 SHBHB 1637