SB 5288 — Sentencing for persistent offenders.

S-1824.1SUBSTITUTES-0592.1SENATE SENATE BILL 5288State of Washington66th Legislature2019 Regular SessionBySenateSessionBySenator LawDarneilleAN & Justice (originally sponsored by Senator Darneille)READ FIRST TIME 02/22/19.AN ACT Relating to persistent offenders;

Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to RCW 38.52.430.(32) "Minor child" means a biological or adopted child of the offender who is under age eighteen at the time of the offender's current offense.(33) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies:(a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;(b) Assault((Assault in the second degree;(c)degree;(c))) Assault of a child in the second degree;(d)degree;(((d)))(c) Child molestation in the second degree;(e)degree;(((e)))(d) Controlled substance homicide;(f)homicide;(((f)))(e) Extortion in the first degree;(g)degree;(((g)))(f) Incest when committed against a child under age fourteen;(h)fourteen;(((h)))(g) Indecent liberties;(i)liberties;(((i)))(h) Kidnapping in the second degree;(j)degree;(((j)))(i) Leading organized crime;(k)crime;(((k)))(j) Manslaughter in the first degree;(l)degree;(((l)))(k) Manslaughter in the second degree;(m)degree;(((m)))(l) Promoting prostitution in the first degree;(n)degree;(((n)))(m) Rape in the third degree;(o)degree;(((o) ((RobberyRobbery in the second degree;))degree;(p)))(n) Sexual exploitation;(((q)))(p)exploitation;(((q)))(o) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;(((r)))(q)manner;(((r)))(p) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;(((s)))(r)manner;(((s)))(q) Any other class B felony offense with a finding of sexual motivation;(((t)))(s)motivation;(((t)))(r) Any other felony with a deadly weapon verdict under RCW 9.94A.825;(((u)))(t)9.94A.825;(((u)))(s) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection;(((v)))(u)(i)subsection;(((v)))(t)(i) A prior conviction for indecent liberties under RCW 9A.44.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex.

or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997;(((w)))(v)1997;(((w)))(u) Any out-of-state conviction for a felony offense with a finding of sexual motivation if the minimum sentence imposed was ten years or more;

A new section is added to chapter 9.94A RCW to read as follows:(1) In any criminal case wherein an offender has been sentenced as a persistent offender before the effective date of this section, the offender must have a resentencing hearing if a current or past conviction for assault in the second degree or robbery in the second degree was used as a basis for the finding that the offender was a persistent offender.

If a current or past conviction for assault in the second degree or robbery in the second degree was used as a basis for a finding that an offender was a persistent offender, the prosecuting attorney shall, or the offender may, make a motion for relief from sentence to the original sentencing court.(2) The sentencing court shall grant the motion if it finds that a current or past conviction for assault in the second degree or robbery in the second degree was used as a basis for a finding that the offender was a persistent offender and shall immediately set an expedited date for resentencing.

At resentencing, the court shall sentence the offender as if assault in the second degree or robbery in the second degree was not a most serious offense at the time the original sentence was imposed.(3) This section expires July 1, 2020.--- END ---