Washington 2023-2024 Regular Session Status: Enacted 5 D cosponsors

HB 2153 — Deterring the theft of catalytic converters.

Last action — Effective date 4/1/2025.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 04, 2024. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

1441 added · 1851 removed

Plain-language change summary

The latest version of House Bill 2153 adds new sections to several existing laws, focusing on regulating the purchase of catalytic converters to combat rising theft rates. Specifically, it aims to ensure that all people or businesses that buy these converters must be licensed, making it easier to track stolen property and increase accountability. This change is significant because it addresses growing concerns over unregulated sales that can contribute to theft. By tightening regulations, the bill intends to protect vehicle owners and deter crime.

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ENGROSSED SUBSTITUTE HOUSE BILL 2153 State of Washington 68th Legislature 2024 Regular Session By House Consumer Protection & Business (originally sponsored by Representatives Ryu, Ormsby, Cheney, Reeves, Pollet, and Davis) READ FIRST TIME 01/31/24.
H-2423.1 HOUSE BILL 2153 State of Washington 68th Legislature 2024 Regular Session By Representatives Ryu, Ormsby, Cheney, Reeves, Pollet, and Davis Prefiled 01/04/24.
Read first time 01/08/24.
Referred to Committee on Consumer Protection & Business.
amending RCW 19.290.010, 19.290.020, 19.290.030, 19.290.040, 19.290.050, 19.290.060, 19.290.080, 19.290.220, 19.290.240, 46.79.010, 46.80.080, 46.80.210, 46.12.560, and 9A.82.010;
amending RCW 19.290.010, 19.290.020, 19.290.030, 19.290.040, 19.290.050, 19.290.060, 19.290.080, 19.290.220, 19.290.240, 46.79.010, 46.80.080, 46.80.210, and 9A.82.010;
reenacting and amending RCW 46.80.010, 9.94A.533, and 9.94A.515;
reenacting and amending RCW 46.80.010 and 9.94A.515;
adding a new section to chapter 43.43 RCW;
adding new sections to chapter 43.43 RCW;
adding a new section to chapter 9.94A RCW;
and providing an effective date.
providing effective dates;
and declaring an emergency.
p.
Therefore, the legislature intends to require all purchasers to be licensed and subject to regulation and inspection.
1 ESHB 2153 Therefore, the legislature intends to require all purchasers to be licensed and subject to regulation and inspection.
To facilitate p.
To facilitate the ability to track catalytic converters, the legislature further intends to require permanent marking of catalytic converters for the purpose of identifying the originating vehicle.
1 HB 2153 the ability to track catalytic converters, the legislature further intends to require permanent marking of catalytic converters for the purpose of identifying the originating vehicle.
components of electric vehicle supply equipment made available for p.
components of electric vehicle supply equipment made available for commercial or public use;
2 ESHB 2153 commercial or public use;
(4) "Engage in business" means conducting more than 12 transactions in a 12-month period.
p.
2 HB 2153 (4) "Engage in business" means conducting more than 12 transactions in a 12-month period.
(((13))) (12) "Scrap metal supplier" means a person with a current business license that is engaged in the business of p.
(((13))) (12) "Scrap metal supplier" means a person with a current business license that is engaged in the business of purchasing or receiving ((private metal property or)) nonferrous metal property for the purpose of aggregation and sale to a scrap p.
3 ESHB 2153 purchasing or receiving ((private metal property or)) nonferrous metal property for the purpose of aggregation and sale to a scrap metal recycler or scrap metal processor and that does not maintain a fixed business location in the state.
3 HB 2153 metal recycler or scrap metal processor and that does not maintain a fixed business location in the state.
and (h) A description of the predominant types of ((private metal property or)) nonferrous metal property subject to the transaction, p.
and (h) A description of the predominant types of ((private metal property or)) nonferrous metal property subject to the transaction, utilizing the institute of scrap recycling industries' generally p.
4 ESHB 2153 utilizing the institute of scrap recycling industries' generally accepted terminology, and including weight, quantity, or volume((;
4 HB 2153 accepted terminology, and including weight, quantity, or volume((;
(a) p.
(a) Has a commercial account with the scrap metal business;
5 ESHB 2153 Has a commercial account with the scrap metal business;
(b) can prove p.
(b) can prove ownership of the property by producing written documentation that the seller is the owner of the property;
5 HB 2153 ownership of the property by producing written documentation that the seller is the owner of the property;
Records of payment for private metal property as defined in this chapter must be kept in the same file or record as all records collected under this subsection and retained p.
Records of payment for private metal property as defined in this chapter must be kept in the same file or record as all records collected under this subsection and retained and be available for review for two years from the date of the transaction.)) p.
6 ESHB 2153 and be available for review for two years from the date of the transaction.)) (5)(a) A scrap metal business's usage of video surveillance shall be sufficient to comply with subsection (4)(b)(ii) of this section so long as the video captures the material subject to the transaction.
6 HB 2153 (5)(a) A scrap metal business's usage of video surveillance shall be sufficient to comply with subsection (4)(b)(ii) of this section so long as the video captures the material subject to the transaction.
p.
Sec.
7 ESHB 2153 Sec.
(1) ((Upon)) In addition to all other requirements of this chapter, upon request by any commissioned law enforcement officer of the state or any of its political subdivisions, every scrap metal business shall furnish a full, true, and correct transcript of the records from the purchase or receipt of ((private metal property,)) nonferrous metal property ((,)) and commercial metal property involving only a specified individual, vehicle, or item of ((private metal property,)) nonferrous metal property((,)) or commercial metal property.
p.
7 HB 2153 (1) ((Upon)) In addition to all other requirements of this chapter, upon request by any commissioned law enforcement officer of the state or any of its political subdivisions, every scrap metal business shall furnish a full, true, and correct transcript of the records from the purchase or receipt of ((private metal property,)) nonferrous metal property((,)) and commercial metal property involving only a specified individual, vehicle, or item of ((private metal property,)) nonferrous metal property((,)) or commercial metal property.
p.
The scrap metal business shall hold the property for a period of time p.
8 ESHB 2153 The scrap metal business shall hold the property for a period of time as directed by the applicable law enforcement agency up to a maximum of ten business days.
8 HB 2153 as directed by the applicable law enforcement agency up to a maximum of ten business days.
(b) Download the scrap metal theft alerts generated by the scrap theft alert system on a daily basis;
9 ESHB 2153 (b) Download the scrap metal theft alerts generated by the scrap theft alert system on a daily basis;
9 HB 2153 (c) Use the alerts to identify potentially stolen commercial metal property((,)) and nonferrous metal property((, and private metal property));
(c) Use the alerts to identify potentially stolen commercial metal property((,)) and nonferrous metal property((, and private metal property));
(1) A vehicle dealer shall, prior to the sale and transfer of a vehicle, offer the purchaser the option to have the dealer clearly and permanently mark the last eight digits of the originating vehicle's vehicle identification number on the vehicle's catalytic converter unless such marking already exists on the catalytic converter, the catalytic converter is not in a location where it is clearly visible and readily accessible to mark without the need to remove parts from the vehicle, or the vehicle is sold at wholesale.
(1) A vehicle dealer shall, prior to the sale and transfer of a vehicle, clearly and permanently mark the last eight digits of the originating vehicle's vehicle identification number on the vehicle's catalytic converter unless such marking already exists on the catalytic converter, the catalytic converter is not in a location where it is clearly visible from the underside of the vehicle, or the vehicle is sold at wholesale.
A clear and permanent mark applied by permanent marker is sufficient.
Reasonable costs for the marking may be included in the sale price of the vehicle if separately delineated and clearly marked.
The vehicle dealer may add a fee to the sale price for the marking if separately delineated and clearly marked.
(2) Catalytic converters that are not marked as required by this section are subject to immediate seizure and forfeiture by law enforcement.
(2) If a consumer elects not to have the vehicle dealer mark the vehicle's catalytic converter as provided in subsection (1) of this section, the vehicle dealer must provide the consumer a disclosure written in a typeface that is at least as large as the typeface used in the standard text of the document that contains the disclosure and that is boldfaced, capitalized, underlined, or otherwise set out from the surrounding material so as to be conspicuous that (a) the purchaser is knowingly purchasing the vehicle without clearly and p.
(3) Beginning November 1, 2024, the Washington state patrol may grant a vehicle dealer an exception to the requirements of this section if it determines that meeting the requirements would impose an unreasonable financial hardship on the vehicle dealer in accordance with the policies established pursuant to section 22 of this act.
10 ESHB 2153 permanently marking the catalytic converter prior to the sale and transfer of the vehicle;
and (b) the purchaser acknowledges and understands that catalytic converters must be marked as provided in section 23 of this act.
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The definitions set forth in this section apply throughout this chapter unless the context indicates otherwise.
p.
10 HB 2153 The definitions set forth in this section apply throughout this chapter unless the context indicates otherwise.
p.
NEW SECTION.
11 ESHB 2153 NEW SECTION.
(2) Any licensed scrap processor engaged in disassembling or de- canning catalytic converters as described in this section shall maintain the records of every catalytic converter the scrap processor disassembles or de-cans in accordance with the recordkeeping requirements of this chapter and other provisions of the law.
p.
11 HB 2153 (2) Any licensed scrap processor engaged in disassembling or de- canning catalytic converters as described in this section shall maintain the records of every catalytic converter the scrap processor disassembles or de-cans in accordance with the recordkeeping requirements of this chapter and other provisions of the law.
p.
(a) The time, date, location, and value of the transaction;
12 ESHB 2153 (a) The time, date, location, and value of the transaction;
(d) The license plate number and state of issuance of the license plate on the motor vehicle used to deliver the catalytic converter or converters subject to the transaction;
p.
12 HB 2153 (d) The license plate number and state of issuance of the license plate on the motor vehicle used to deliver the catalytic converter or converters subject to the transaction;
(1) "Core" means a major component part received by a vehicle wrecker in exchange for a like part sold by the vehicle wrecker, is p.
(1) "Core" means a major component part received by a vehicle wrecker in exchange for a like part sold by the vehicle wrecker, is not resold as a major component part except for scrap metal value or for remanufacture, and the vehicle wrecker maintains records for three years from the date of acquisition to identify the name of the person from whom the core was received.
13 ESHB 2153 not resold as a major component part except for scrap metal value or for remanufacture, and the vehicle wrecker maintains records for three years from the date of acquisition to identify the name of the person from whom the core was received.
p.
(2) "Established place of business" means a building or enclosure which the vehicle wrecker occupies either continuously or at regular periods and where his or her books and records are kept and business is transacted and which must conform with zoning regulations.
13 HB 2153 (2) "Established place of business" means a building or enclosure which the vehicle wrecker occupies either continuously or at regular periods and where his or her books and records are kept and business is transacted and which must conform with zoning regulations.
p.
Sec.
14 ESHB 2153 Sec.
(1) Every vehicle wrecker shall maintain books or files in which the wrecker shall keep a record and a description of:
p.
14 HB 2153 (1) Every vehicle wrecker shall maintain books or files in which the wrecker shall keep a record and a description of:
(b) The name of the employee representing the vehicle wrecker in the transaction;
15 ESHB 2153 (b) The name of the employee representing the vehicle wrecker in the transaction;
15 HB 2153 (c) The name, street address, and telephone number of the person with whom the transaction is made;
(c) The name, street address, and telephone number of the person with whom the transaction is made;
p.
(1) Payment to individual sellers of ((private metal property as defined in RCW 19.290.010)) catalytic converters that have been p.
16 ESHB 2153 (1) Payment to individual sellers of ((private metal property as defined in RCW 19.290.010)) catalytic converters that have been removed from a vehicle may not be made at the time of the transaction and shall not be paid earlier than three business days after the transaction was made.
16 HB 2153 removed from a vehicle may not be made at the time of the transaction and shall not be paid earlier than three business days after the transaction was made.
and p.
and (4) Authorize inspections to be conducted by civilian employees or limited authority law enforcement agencies if necessary to p.
17 ESHB 2153 (4) Authorize inspections to be conducted by civilian employees or limited authority law enforcement agencies if necessary to increase the availability of potential inspectors, provided that the Washington state patrol shall retain oversight of such inspections.
17 HB 2153 increase the availability of potential inspectors, provided that the Washington state patrol shall retain oversight of such inspections.
NEW SECTION.
RCW 46.12.560 and 2011 c 114 s 7 are each amended to read as follows:
A new section is added to chapter 43.43 RCW to read as follows:
(1)(a) Before accepting an application for a certificate of title, the department, county auditor or other agent, or subagent appointed by the director shall require an applicant to provide a certificate of vehicle inspection completed by the Washington state patrol or other authorized inspector if the vehicle:
By November 1, 2024, and subject to the availability of amounts appropriated for this specific purpose, the Washington state patrol shall establish a process for evaluating and granting exemptions to vehicle dealers from the catalytic converter permanent marking requirements under section 12 of this act, including by developing and publishing a list of factors and circumstances that must be considered when determining whether meeting the requirements under section 12 of this act would impose an unreasonable financial hardship on a vehicle dealer.
(i) Was declared a total loss or salvage vehicle under the laws of this state;
(ii) Has been rebuilt after the certificate of title was returned to the department under RCW 46.12.600 and the vehicle was not kept by the registered owner at the time of the vehicle's destruction or declaration as a total loss;
or (iii) Is presented with documents from another state showing that the vehicle was a total loss or salvage vehicle and has not been reissued a valid registration certificate from that state after the declaration of total loss or salvage.
(b) A vehicle presented for inspection must have all damaged major component parts replaced or repaired to meet all requirements in law and rule before the Washington state patrol will inspect the vehicle.
The inspection must verify that the vehicle identification number is genuine and agrees with the number shown on the certificate of title and registration certificate.
(c) A Washington state patrol vehicle identification number specialist must ensure that all major component parts used for the reconstruction of a salvage or rebuilt vehicle were obtained legally, and must securely attach a marking at the driver's door latch pillar indicating the vehicle was previously destroyed or declared a total loss.
It is a class C felony for a person to remove the marking indicating that the vehicle was previously destroyed or declared a total loss.
(2) A person presenting a vehicle for inspection under subsection (1) of this section must provide original invoices for new and used parts from:
p.
18 ESHB 2153 (a) A vendor that is registered with the department of revenue or a comparable agency in the jurisdiction where the major component parts were purchased for the collection of retail sales or use taxes.
The invoices must include:
(i) The name and address of the business;
(ii) A description of the part or parts sold;
(iii) The date of sale;
and (iv) The amount of sale to include all taxes paid unless exempted by the department of revenue or a comparable agency in the jurisdiction where the major component parts were purchased;
(b) A vehicle wrecker licensed under chapter 46.80 RCW or a comparable business in the jurisdiction outside Washington state where the major component part was purchased;
and (c) Private individuals.
The private individual must have the certificate of title to the vehicle where the parts were taken from unless the parts were obtained from a parts car owned by a collector.
Bills of sale for parts must be notarized and include:
(i) The names and addresses of the sellers and purchasers;
(ii) A description of the vehicle and the part or parts being sold, including the make, model, year, and identification or serial number;
(iii) The date of sale;
and (iv) The purchase price of the vehicle part or parts.
(3) A person presenting a vehicle for inspection under this section who is unable to provide an acceptable release of interest or proof of ownership for a vehicle or major component part as described in this section shall apply for an ownership in doubt application described in RCW 46.12.680.
(4)(a) Before accepting an application for a certificate of title, the department, county auditor or other agent, or subagent appointed by the director shall require an applicant to provide a certificate of vehicle inspection completed by the Washington state patrol or other authorized inspector when the application is for a vehicle being titled for the first time as:
(i) Assembled;
(ii) Glider kit;
(iii) Homemade;
(iv) Kit vehicle;
(v) Street rod vehicle;
(vi) Custom vehicle;
or p.
19 ESHB 2153 (vii) Subject to ownership in doubt under RCW 46.12.680.
(b) The inspection must verify that the vehicle identification number is genuine and agrees with the number shown on the certificate of title and registration certificate.
(5)(a) Before accepting an application for a certificate of title, the department, county auditor or other agent, or subagent appointed by the director shall require an applicant to provide a certificate of vehicle inspection completed by the Washington state patrol when the application is for a vehicle with a vehicle identification number that has been:
(i) Altered;
(ii) Defaced;
(iii) Obliterated;
(iv) Omitted;
(v) Removed;
or (vi) Otherwise absent.
(b) The application must include payment of the fee required in RCW 46.17.135.
(c) The Washington state patrol shall assign a new vehicle identification number to the vehicle and place or stamp the new number in a conspicuous position on the vehicle.
(d) The department shall use the new vehicle identification number assigned by the Washington state patrol as the official vehicle identification number assigned to the vehicle.
(6) The department may adopt rules as necessary to implement this section.
(7) Nothing in this section creates a requirement for the Washington state patrol to inspect attached catalytic converters as major component parts.
The marking must be completed in a reasonable time after removal, but p.
The marking must be completed in a reasonable time after removal, but no later than 24 hours after removal, and before off-site transport of the detached catalytic converter.
20 ESHB 2153 no later than 24 hours after removal, and before off-site transport of the detached catalytic converter.
(3)(a) Except as provided in (b) of this subsection, it is a gross misdemeanor for any person to intentionally remove, alter or obliterate from a detached catalytic converter the last eight digits of the originating vehicle identification number, as required by subsection (1) of this section.
(3) It is a gross misdemeanor for any person who is not a scrap processor licensed under chapter 46.79 RCW or vehicle wrecker licensed under chapter 46.80 RCW to knowingly possess, sell, or offer for sale four or fewer detached catalytic converters that do not comply with the marking requirements under subsection (1) of this section.
(b) A person who intentionally removes, alters, or obliterates from a detached catalytic converter the last eight digits of the original vehicle identification number is guilty of a class C felony punishable according to chapter 9A.20 RCW if the person has previously been convicted under this subsection.
(4) It is a class C felony for any person who is not a scrap processor licensed under chapter 46.79 RCW or vehicle wrecker licensed under chapter 46.80 RCW to knowingly possess, sell, or offer for sale five or more detached catalytic converters that do not p.
(4) It is a gross misdemeanor for any person who is not a scrap processor licensed under chapter 46.79 RCW or vehicle wrecker licensed under chapter 46.80 RCW to knowingly possess, sell, or offer for sale six or fewer detached catalytic converters that do not comply with the marking requirements under subsection (1) of this section.
18 HB 2153 comply with the marking requirements under subsection (1) of this section.
(5) It is a class C felony for any person who is not a scrap processor licensed under chapter 46.79 RCW or vehicle wrecker licensed under chapter 46.80 RCW to knowingly possess, sell, or offer for sale seven or more detached catalytic converters that do not comply with the marking requirements under subsection (1) of this section.
(5) Where a case is legally sufficient to charge an alleged juvenile offender with a violation under this section, and that violation would be the alleged offender's first violation involving detached catalytic converters, the prosecutor is encouraged to divert the case pursuant to RCW 13.40.070.
(6) Where a case is legally sufficient to charge an alleged juvenile offender with a violation under this section, and that violation would be the alleged offender's first violation involving detached catalytic converters, the prosecutor is encouraged to divert the case pursuant to RCW 13.40.070.
(6) It is an affirmative defense to this section that the possessor removed the detached catalytic converter with the permission of the registered owner of the vehicle or vehicles.
(7) It is an affirmative defense to this section that the possessor removed the detached catalytic converter with the permission of the registered owner of the vehicle or vehicles.
p.
(a) Traffics five or more catalytic converters that have been removed from a motor vehicle, without fulfilling the requirements under chapter 46.79 or 46.80 RCW for lawful transfer;
21 ESHB 2153 (a) Traffics seven or more catalytic converters that have been removed from a motor vehicle, without fulfilling the requirements under chapter 46.79 or 46.80 RCW for lawful transfer;
(2) Trafficking in catalytic converters in the first degree is a class C felony.
(2) Trafficking in catalytic converters in the first degree is a class B felony.
A new section is added to chapter 9.94A RCW to read as follows:
The court shall make a finding of fact of the special allegation or, if a jury is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to the special allegation, in a criminal case where:
(1) The defendant has been convicted of trafficking in catalytic converters in the first degree;
and (2) There has been a special allegation pleaded and proven beyond a reasonable doubt that the defendant knowingly (a) trafficked seven or more catalytic converters that were removed from a motor vehicle without fulfilling the requirements under chapter 46.79 or 46.80 RCW for lawful transfer;
or (b) purchased a catalytic converter that has been removed from a motor vehicle without possessing a valid scrap processor license under chapter 46.79 RCW or vehicle wrecker license under chapter 46.80 RCW, for the purpose of selling, transferring, or exchanging them online.
NEW SECTION.
Sec.
26.
(1) A person is guilty of trafficking in catalytic converters in the second degree if the person knowingly traffics six or fewer catalytic converters that have been removed from a motor vehicle, without fulfilling the requirements under chapter 46.79 or 46.80 RCW for lawful transfer.
(1) A person is guilty of trafficking in catalytic converters in the second degree if the person knowingly traffics four or fewer catalytic converters that have been removed from a motor vehicle, without fulfilling the requirements under chapter 46.79 or 46.80 RCW for lawful transfer.
27.
26.
p.
Unless the context requires the contrary, the definitions in this section apply throughout this chapter.
22 ESHB 2153 Unless the context requires the contrary, the definitions in this section apply throughout this chapter.
(i) The interest of a person as a beneficiary under a trust established under Title 11 RCW in which the trustee for the trust holds legal or record title to real property;
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19 HB 2153 (i) The interest of a person as a beneficiary under a trust established under Title 11 RCW in which the trustee for the trust holds legal or record title to real property;
p.
(g) Theft of telecommunication services or unlawful manufacture of a telecommunication device, as defined in RCW 9A.56.262 and 9A.56.264;
23 ESHB 2153 (g) Theft of telecommunication services or unlawful manufacture of a telecommunication device, as defined in RCW 9A.56.262 and 9A.56.264;
(i) Bribery, as defined in RCW 9A.68.010, 9A.68.020, 9A.68.040, and 9A.68.050;
p.
20 HB 2153 (i) Bribery, as defined in RCW 9A.68.010, 9A.68.020, 9A.68.040, and 9A.68.050;
p.
(bb) Assault of a child, as defined in RCW 9A.36.120 and 9A.36.130;
24 ESHB 2153 (bb) Assault of a child, as defined in RCW 9A.36.120 and 9A.36.130;
(ee) Trafficking in insurance claims, as defined in RCW 48.30A.015;
p.
21 HB 2153 (ee) Trafficking in insurance claims, as defined in RCW 48.30A.015;
or (uu) Trafficking in catalytic converters, as defined in sections 24 and 26 of this act.
or (uu) Trafficking in catalytic converters, as defined in sections 24 and 25 of this act.
(6) "Debtor" means a person to whom an extension of credit is made or a person who guarantees the repayment of an extension of credit or in any manner undertakes to indemnify the creditor against p.
(6) "Debtor" means a person to whom an extension of credit is made or a person who guarantees the repayment of an extension of credit or in any manner undertakes to indemnify the creditor against loss resulting from the failure of a person to whom an extension is made to repay the same.
25 ESHB 2153 loss resulting from the failure of a person to whom an extension is made to repay the same.
(7) "Documentary material" means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which p.
(7) "Documentary material" means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.
22 HB 2153 information can be obtained or from which information can be translated into usable form, or other tangible item.
However, in any civil proceedings brought pursuant to RCW 9A.82.100 by any person other than the attorney general or county prosecuting attorney in which one or more acts of fraud in the purchase or sale of securities are asserted as acts of criminal profiteering activity, it is a condition to civil liability p.
However, in any civil proceedings brought pursuant to RCW 9A.82.100 by any person other than the attorney general or county prosecuting attorney in which one or more acts of fraud in the purchase or sale of securities are asserted as acts of criminal profiteering activity, it is a condition to civil liability under RCW 9A.82.100 that the defendant has been convicted in a criminal proceeding of fraud in the purchase or sale of securities under RCW 21.20.400 or under the laws of another state or of the United States requiring the same elements of proof, but such conviction need not relate to any act or acts asserted as acts of p.
26 ESHB 2153 under RCW 9A.82.100 that the defendant has been convicted in a criminal proceeding of fraud in the purchase or sale of securities under RCW 21.20.400 or under the laws of another state or of the United States requiring the same elements of proof, but such conviction need not relate to any act or acts asserted as acts of criminal profiteering activity in such civil action under RCW 9A.82.100.
23 HB 2153 criminal profiteering activity in such civil action under RCW 9A.82.100.
p.
(iii) A trustee of any indenture of trust under which a bond is issued;
27 ESHB 2153 (iii) A trustee of any indenture of trust under which a bond is issued;
(21) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in the state in full or in part because the debt was incurred or contracted:
(21) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally p.
24 HB 2153 unenforceable in the state in full or in part because the debt was incurred or contracted:
27.
RCW 9.94A.515 and 2023 c 196 s 3 and 2023 c 7 s 3 are each reenacted and 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)) XIIIMalicious explosion 2 (RCW 70.74.280(2)) Malicious placement of an explosive 1 (RCW 70.74.270(1)) XIIAssault 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)) p.
25 HB 2153 XI Manslaughter 1 (RCW 9A.32.060) Rape 2 (RCW 9A.44.050) Rape of a Child 2 (RCW 9A.44.076) 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)) p.
26 HB 2153 Malicious placement of an explosive 2 (RCW 70.74.270(2)) Robbery 1 (RCW 9A.56.200) Sexual Exploitation (RCW 9.68A.040) VIIIArson 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) Custodial Sexual Misconduct 1 (RCW 9A.44.160) 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) p.
27 HB 2153 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) p.
28 HB 2153 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 2 (RCW 9A.44.170) Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2)) Domestic Violence Court Order Violation (RCW 7.105.450, 10.99.040, 10.99.050, 26.09.300, 26.26B.050, or 26.52.070) p.
29 HB 2153 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) p.
30 HB 2153 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 14 (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)) p.
31 HB 2153 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 Catalytic Converters 1 (section 24 of this act) 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) p.
32 HB 2153 Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1)) IIIAnimal 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) Cyber Harassment (RCW 9A.90.120(2)(b)) 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) Hazing (RCW 28B.10.901(2)(b)) 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) p.
33 HB 2153 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 Catalytic Converters 2 (section 25 of this act) Trafficking in Stolen Property 2 (RCW 9A.82.055) p.
34 HB 2153 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) IICommercial 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) p.
35 HB 2153 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) Possession, sale, or offering for sale of five or more unmarked catalytic converters (section 23(4) of this act) 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 $5,000 or more) (RCW 9A.56.096(5)(a)) Theft with the Intent to Resell 2 (RCW 9A.56.340(3)) p.
36 HB 2153 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)) p.
37 HB 2153 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 $750 or more but less than $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) p.
38 HB 2153 Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b)) Vehicle Prowl 1 (RCW 9A.52.095) Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b)) NEW SECTION.
Sec.
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:
Section 21 of this act takes effect January 1, 2025.
(1) The provisions of this section apply to the standard sentence ranges determined by RCW 9.94A.510 or 9.94A.517.
NEW SECTION.
(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 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 p.
28 ESHB 2153 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 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 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 p.
29 ESHB 2153 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 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 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 p.
30 ESHB 2153 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 months shall be added to the standard sentence range for any ranked offense involving a violation p.
31 ESHB 2153 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 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 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 p.
32 ESHB 2153 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, p.
33 ESHB 2153 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 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 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 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 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 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 who p.
34 ESHB 2153 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 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 12 months may, at the discretion of the court, be added to the standard sentence range for an offense that is also a violation of section 25 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.
RCW 9.94A.515 and 2023 c 196 s 3 and 2023 c 7 s 3 are each reenacted and amended to read as follows:
Except for section 21 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect April 1, 2024.
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)) XIIIMalicious explosion 2 (RCW 70.74.280(2)) Malicious placement of an explosive 1 (RCW 70.74.270(1)) p.
35 ESHB 2153 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) 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) p.
36 ESHB 2153 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) VIIIArson 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) Custodial Sexual Misconduct 1 (RCW 9A.44.160) p.
37 ESHB 2153 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) p.
38 ESHB 2153 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) p.
39 ESHB 2153 Custodial Sexual Misconduct 2 (RCW 9A.44.170) Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2)) Domestic Violence Court Order Violation (RCW 7.105.450, 10.99.040, 10.99.050, 26.09.300, 26.26B.050, or 26.52.070) 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)) p.
40 ESHB 2153 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)) p.
41 ESHB 2153 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 14 (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 Catalytic Converters 1 (section 24 of this act) 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)) p.
42 ESHB 2153 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)) IIIAnimal 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) Cyber Harassment (RCW 9A.90.120(2)(b)) 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) p.
43 ESHB 2153 Hazing (RCW 28B.10.901(2)(b)) 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) p.
44 ESHB 2153 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 Catalytic Converters 2 (section 26 of this act) 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) IICommercial 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) p.
45 ESHB 2153 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) Possession, sale, or offering for sale of seven or more unmarked catalytic converters (section 23(5) of this act) 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) p.
46 ESHB 2153 Theft of a Motor Vehicle (RCW 9A.56.065) Theft of Rental, Leased, Lease- purchased, or Loaned Property (valued at $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) p.
47 ESHB 2153 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 $750 or more but less than $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) p.
48 ESHB 2153 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)) Vehicle Prowl 1 (RCW 9A.52.095) Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b)) NEW SECTION.
Sec.
30.
This act takes effect April 1, 2025.
49 ESHB 2153
39 HB 2153
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Action History

  1. Effective date 4/1/2025.

  2. Chapter 301, 2024 Laws.

  3. Governor signed.

  4. Delivered to Governor.

  5. President signed.

  6. Speaker signed.

  7. Passed final passage; yeas, 95; nays, 0; absent, 0; excused, 2.

  8. House concurred in Senate amendments.

  9. Third reading, passed; yeas, 31; nays, 18; absent, 0; excused, 0.

  10. Rules suspended. Placed on Third Reading.

  11. Committee amendment(s) adopted with no other amendments.

  12. Placed on second reading by Rules Committee.

  13. Passed to Rules Committee for second reading.

  14. Minority; without recommendation.

  15. Minority; do not pass.

  16. TRAN - Majority; do pass with amendment(s).

  17. Executive action taken in the Senate Committee on Transportation at 1:30 PM.

  18. Public hearing in the Senate Committee on Transportation at 1:30 PM.

  19. Referred to Transportation.

  20. And refer to Transportation.

  21. LAW - Majority; without recommendation.

  22. Executive action taken in the Senate Committee on Law & Justice at 10:30 AM.

  23. First reading, referred to Law & Justice.

  24. Third reading, passed; yeas, 97; nays, 0; absent, 0; excused, 1.

  25. Rules suspended. Placed on Third Reading.

  26. Floor amendment(s) adopted.

  27. 1st substitute bill substituted (CPB 24).

  28. Rules Committee relieved of further consideration. Placed on second reading.

  29. Referred to Rules 2 Review.

  30. TR - Majority; do pass 1st substitute bill proposed by Consumer Protection & Business.

  31. Executive action taken in the House Committee on Transportation at 10:30 AM.

  32. Public hearing in the House Committee on Transportation at 10:30 AM.

  33. Referred to Transportation.

  34. Minority; without recommendation.

  35. CPB - Majority; 1st substitute bill be substituted, do pass.

  36. Executive action taken in the House Committee on Consumer Protection & Business at 1:30 PM.

  37. Executive session scheduled, but no action was taken in the House Committee on Consumer Protection & Business at 8:00 AM.

  38. Public hearing in the House Committee on Consumer Protection & Business at 1:30 PM.

  39. First reading, referred to Consumer Protection & Business.

  40. Prefiled for introduction.

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 145 not signed on · 17 voted No

Sponsors (1)

Co-sponsors (5)

Not signed on (145)

145 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage as Amended by the Senate (#16)

Passed 95 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 29000
Democrat 56001
Unaffiliated 10001
Total 95002
% of votes cast 98%0%0%2%
How each member voted (97)
Member Party Vote
Chambers — Yea
Chandler — Not Voting
Cheney — Yea
Chopp — Yea
Hutchins — Yea
Kretz — Yea
Maycumber — Yea
Mosbrucker — Yea
Robertson — Yea
Sandlin — Yea
Wilcox — Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Yea
Amy Walen Democrat Yea
April Berg Democrat Yea
Beth Doglio Democrat Yea
Bill Ramos Democrat Yea
Brandy Donaghy Democrat Yea
Chipalo Street Democrat Yea
Chris Stearns Democrat Yea
Cindy Ryu Democrat Yea
Clyde Shavers Democrat Yea
Dan Bronoske Democrat Yea
Darya Farivar Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Not Voting
Emily Alvarado Democrat Yea
Gerry Pollet Democrat Yea
Greg Nance Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
Joe Timmons Democrat Yea
Julia Reed Democrat Yea
Julio Cortes Democrat Yea
Kristine Reeves Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Mary Fosse Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Roger Goodman Democrat Yea
Sharlett Mena Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Yea
Andrew Barkis Republican Yea
April Connors Republican Yea
Carolyn Eslick Republican Yea
Chris Corry Republican Yea
Cyndy Jacobsen Republican Yea
Dan Griffey Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Yea
Jenny Graham Republican Yea
Jim Walsh Republican Yea
Joe Schmick Republican Yea
Keith Goehner Republican Yea
Kevin Waters Republican Yea
Leonard Christian Republican Yea
Mark Klicker Republican Yea
Mary Dye Republican Yea
Michelle Valdez Republican Yea
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Peter Abbarno Republican Yea
Sam Low Republican Yea
Skyler Rude Republican Yea
Stephanie Barnard Republican Yea
Stephanie McClintock Republican Yea
Suzanne Schmidt Republican Yea
Tom Dent Republican Yea
Travis Couture Republican Yea

Official roll call →

3rd Reading & Final Passage as Amended by the Senate (#19)

Passed 31 Yea · 18 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8200
Republican 01600
Democrat 23000
Total 311800
% of votes cast 63%37%0%0%
How each member voted (49)
Member Party Vote
Billig — Yea
Hawkins — Yea
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Nay
Randall — Yea
Rivers — Yea
Van De Wege — Yea
Wilson, L. — Nay
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Claudia Kauffman Democrat Yea
Derek Stanford Democrat Yea
Drew Hansen Democrat Yea
Jamie Pedersen Democrat Yea
Javier Valdez Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Noel Frame Democrat Yea
Rebecca Saldaña Democrat Yea
Sharon Shewmake Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Yasmin Trudeau Democrat Yea
Chris Gildon Republican Nay
Curtis King Republican Nay
Drew MacEwen Republican Nay
Jeff Holy Republican Nay
Jeff Wilson Republican Nay
Jim McCune Republican Nay
John Braun Republican Nay
Judy Warnick Republican Nay
Keith Wagoner Republican Nay
Mark Schoesler Republican Nay
Matt Boehnke Republican Nay
Nikki Torres Republican Nay
Perry Dozier Republican Nay
Phil Fortunato Republican Nay
Ron Muzzall Republican Nay
Shelly Short Republican Nay

Official roll call →

3rd Reading & Final Passage (#11)

Passed 97 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 30000
Democrat 57000
Unaffiliated 10001
Total 97001
% of votes cast 99%0%0%1%
How each member voted (98)
Member Party Vote
Chambers — Yea
Chandler — Not Voting
Cheney — Yea
Chopp — Yea
Hutchins — Yea
Kretz — Yea
Maycumber — Yea
Mosbrucker — Yea
Robertson — Yea
Sandlin — Yea
Wilcox — Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Yea
Amy Walen Democrat Yea
April Berg Democrat Yea
Beth Doglio Democrat Yea
Bill Ramos Democrat Yea
Brandy Donaghy Democrat Yea
Chipalo Street Democrat Yea
Chris Stearns Democrat Yea
Cindy Ryu Democrat Yea
Clyde Shavers Democrat Yea
Dan Bronoske Democrat Yea
Darya Farivar Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Emily Alvarado Democrat Yea
Gerry Pollet Democrat Yea
Greg Nance Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
Joe Timmons Democrat Yea
Julia Reed Democrat Yea
Julio Cortes Democrat Yea
Kristine Reeves Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Mary Fosse Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Roger Goodman Democrat Yea
Sharlett Mena Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Yea
Andrew Barkis Republican Yea
April Connors Republican Yea
Carolyn Eslick Republican Yea
Chris Corry Republican Yea
Cyndy Jacobsen Republican Yea
Dan Griffey Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Yea
Jenny Graham Republican Yea
Jim Walsh Republican Yea
Joe Schmick Republican Yea
Joel McEntire Republican Yea
Keith Goehner Republican Yea
Kevin Waters Republican Yea
Leonard Christian Republican Yea
Mark Klicker Republican Yea
Mary Dye Republican Yea
Michelle Valdez Republican Yea
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Peter Abbarno Republican Yea
Sam Low Republican Yea
Skyler Rude Republican Yea
Stephanie Barnard Republican Yea
Stephanie McClintock Republican Yea
Suzanne Schmidt Republican Yea
Tom Dent Republican Yea
Travis Couture Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

Who sponsors HB 2153?
HB 2153 is sponsored by Lauren Davis (Democrat), Gerry Pollet (Democrat), Kristine Reeves (Democrat), Cheney, Timm Ormsby (Democrat), and Cindy Ryu (Democrat).
What is the current status of HB 2153?
This bill has been enacted into law. Introduced January 04, 2024. Enacted.
Where can I track HB 2153?
Track HB 2153 free on One Click Politics — get push/email alerts when it moves.

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