HB 1591 — Increasing the punishment for vehicular assault.

H-1713.1SUBSTITUTEH-0419.1HOUSE HOUSE BILL 1591State of Washington65th Legislature2017 Regular SessionBy House Public Safety (originally sponsored by Representatives Klippert and Hayes)READHayesRead FIRSTfirst TIMEtime 02/13/17.AN01/24/17. ACT Relating to increasing the punishment for vehicular assault;

amendingReferred RCWto 9.94A.525;Committee on Public Safety.AN ACT Relating to increasing the punishment for vehicular assault;

andamending prescribingRCW penalties.BE46.61.522 IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec. 1.  RCW 9.94A.525 and 20139.94A.533; 2nd sp.s.

and prescribing penalties.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec. 1.  RCW 46.61.522 and 2001 c 35300 s 81 are each amended to read as follows:Thefollows:(1) offenderA scoreperson is measuredguilty onof thevehicular horizontalassault axisif ofhe theor sentencingshe grid.operates or drives any vehicle:(a) In a reckless manner and causes substantial bodily harm to another;

Theor(b) offenderWhile scoreunder rules are as follows:The offender score is the suminfluence of pointsintoxicating accruedliquor underor thisany sectiondrug, roundedas downdefined toby theRCW nearest46.61.502, wholeand number.(1)causes Asubstantial priorbodily convictionharm isto aanother; conviction which exists before the date of sentencing for the offense for which the offender score is being computed.

Convictionsor(c) enteredWith ordisregard sentenced on the same date as the conviction for which the offendersafety scoreof isothers beingand computedcauses shallsubstantial bebodily deemedharm "otherto currentanother.(2) offenses"Vehicular withinassault theis meaninga ofclass RCWB 9.94A.589.(2)(a)felony Classpunishable Aunder andchapter sex9A.20 priorRCW, felonyexcept convictionsthat, shallfor alwaysa beconviction includedunder insubsection the(1)(b) offenderof score.(b)this Classsection, Ban prioradditional felonyfive convictionsyears other than sex offenses shall not be includedadded into the offendersentence score,for ifeach sinceprior thevehicular lastassault dateconviction of release from confinement (including full-time residential treatment) pursuant to asubsection felony(1)(b) conviction,of ifthis any,section or entryan ofout-of-state judgmentconviction and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequentlywould resultshave inbeen a conviction.(c)conviction Exceptof assubsection provided(1)(b) in (e) of this subsection,section classif Ccommitted priorin felonythis convictionsstate.(3) otherAs thanused sexin offensesthis shallsection, not"substantial bebodily includedharm" inhas the offendersame scoremeaning if,as sincein theRCW last9A.04.110.Sec. 2.  RCW date9.94A.533 ofand release2016 fromc confinement203 (includings full-time7 residentialare treatment)each pursuantamended to aread felonyas conviction,follows:(1) ifThe any,provisions or entry of judgmentthis andsection sentence,apply theto offender had spent five consecutive years in the communitystandard withoutsentence committingranges anydetermined crimeby thatRCW subsequently9.94A.510 resultsor in9.94A.517.(2) aFor conviction.(d)persons Exceptconvicted asof providedthe inanticipatory (e)offenses of thiscriminal subsection,attempt, serioussolicitation, trafficor convictionsconspiracy shallunder notchapter be9A.28 includedRCW, in the offenderstandard scoresentence if,range sinceis thedetermined lastby datelocating ofthe releasesentencing fromgrid confinementsentence (includingrange full-timedefined residentialby treatment)the pursuantappropriate tooffender ascore conviction,and ifthe any,seriousness orlevel entry of judgment and sentence, the offendercompleted spentcrime, fiveand yearsmultiplying in the communityrange withoutby committingseventy-five anypercent.(3) crimeThe thatfollowing subsequentlyadditional resultstimes inshall abe conviction.(e)added Ifto the presentstandard convictionsentence isrange felonyfor driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or felony physicalcrimes controlcommitted ofafter aJuly vehicle23, while1995, underif the influenceoffender of intoxicating liquor or anyan drugaccomplice (RCWwas 46.61.504(6)),armed allwith predicatea crimesfirearm for the offense as defined byin RCW 46.61.5055(14)9.41.010 shalland be included in the offender score,is andbeing priorsentenced convictions for felonyone drivingof while under the influencecrimes oflisted intoxicatingin liquorthis orsubsection anyas drugeligible (RCWfor 46.61.502(6))any orfirearm felonyenhancements physicalbased controlon of a vehicle while under the influenceclassification of intoxicating liquor or any drug (RCW 46.61.504(6)) shall always be included in the offendercompleted score.felony crime.

AllIf other convictions of the defendantoffender shallis bebeing scoredsentenced according to this section.(f) Prior convictions for amore repetitivethan domesticone violence offense, asthe definedfirearm inenhancement RCWor 9.94A.030,enhancements shallmust not be includedadded into the offendertotal scoreperiod if, since the last date of release from confinement or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction.(g) This subsection applies to both adult and juvenile prior convictions.(3) Out-of-state convictions for offensesall shalloffenses, beregardless classifiedof accordingwhich tounderlying the comparable offense definitionsis andsubject sentencesto provideda byfirearm Washingtonenhancement. law.

FederalIf convictionsthe offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for offensesan 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 range determined under subsection (2) of this section based on the felony crime of conviction as classified accordingunder toRCW 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 comparableoffender offenseis definitionsbeing sentenced for any firearm enhancements under (a), (b), and/or (c) of this subsection and sentencesthe providedoffender byhas Washingtonpreviously law.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.

IfHowever, therewhether is no clearly comparable offense under Washington law or thenot offensea ismandatory oneminimum thatterm ishas usuallyexpired, consideredan subjectoffender toserving exclusive federal jurisdiction, the offense shall be scored as a classsentence C felony equivalent if it was a felony under thethis relevantsubsection federalmay statute.(4)be:(i) ScoreGranted prioran convictionsextraordinary formedical felonyplacement anticipatorywhen offensesauthorized (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.(5)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:(i) Prior offenses which were found, under RCW 9.94A.589(1)(a),9.94A.728(1)(c); to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score.

Theor(ii) currentReleased sentencingunder court shall determine with respect to other prior adult offenses for which sentences were served concurrently or prior juvenile offenses for which sentences were served consecutively, whether those offenses shall be counted as one offense or as separate offenses using the "sameprovisions criminalof conduct" analysis found in RCW 9.94A.589(1)(a),9.94A.730;(f) andThe iffirearm theenhancements courtin findsthis thatsection they shall beapply countedto asall onefelony offense,crimes thenexcept the offensefollowing: that yields the highest offender score shall be used.

ThePossession currentof sentencinga courtmachine maygun, presumepossessing thata suchstolen otherfirearm, priordrive-by offensesshooting, weretheft notof thea samefirearm, criminalunlawful conductpossession fromof sentencesa imposedfirearm onin separatethe dates,first orand insecond separatedegree, countiesand oruse jurisdictions,of ora inmachine separategun complaints,in indictments,a orfelony;(g) informations;(ii)If In the casestandard ofsentence multiplerange priorunder convictionsthis forsection offensesexceeds committedthe beforestatutory Julymaximum 1,sentence 1986, for the purposeoffense, of computing the offenderstatutory score,maximum countsentence allshall adultbe convictionsthe servedpresumptive concurrentlysentence asunless one offense, and count all juvenile convictions entered on the sameoffender dateis asa onepersistent offense.offender.

UseIf the convictionaddition forof a firearm enhancement increases the offensesentence so that yieldsit would exceed the higheststatutory maximum 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 score.(b)or Asan usedaccomplice 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 (5),as "servedeligible concurrently"for meansany that:deadly weapon enhancements based on the classification of the completed felony crime.

(i)If Thethe latteroffender sentenceis wasbeing imposedsentenced withfor specificmore referencethan one offense, the deadly weapon enhancement or enhancements must be added to the former;total period of confinement for all offenses, regardless of which underlying offense is subject to a deadly weapon enhancement.

(ii)If the concurrentoffender relationshipor 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 sentencescrimes waslisted judiciallyin imposed;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 enhancements, for all offenses sentenced under this chapter.

andHowever, (iii)whether theor concurrent timing of the sentences was not the result of a probationmandatory orminimum paroleterm revocationhas onexpired, thean formeroffender offense.(6)serving Ifa thesentence presentunder convictionthis issubsection onemay ofbe:(i) theGranted anticipatoryan offensesextraordinary ofmedical criminalplacement attempt,when solicitation,authorized orunder conspiracy,RCW count9.94A.728(1)(c); each prior conviction as if the present conviction were for a completed offense.

Whenor(ii) theseReleased convictionsunder are used as criminal history, score them the sameprovisions as a completed crime.(7) If the present conviction is for a nonviolent offense and not covered by subsection (11), (12), or (13) of thisRCW section,9.94A.730;(f) countThe onedeadly pointweapon forenhancements each adult prior felony conviction and one point for each juvenile prior violent felony conviction and 1/2 point for each juvenile prior nonviolent felony conviction.(8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), (12), or (13) of this section,section countshall twoapply pointsto forall each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.(9) If the present conviction is for a serious violent offense, count three points for prior adult and juvenile convictions for crimes inexcept this category, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and 1/2 point for each prior juvenile nonviolent felony conviction.(10) If the presentfollowing: conviction is for Burglary 1, count prior convictions as in subsection (8) of this section;

howeverPossession countof twoa pointsmachine forgun, eachpossessing priora adultstolen Burglaryfirearm, 2drive-by orshooting, residentialtheft burglaryof conviction,a andfirearm, oneunlawful pointpossession forof eacha priorfirearm juvenilein Burglarythe 2first orand residentialsecond burglarydegree, conviction.(11)(a)and Exceptuse asof provideda inmachine (b)gun ofin thisa subsection,felony;(g) ifIf the presentstandard convictionsentence isrange forunder athis felonysection trafficexceeds offensethe countstatutory twomaximum pointssentence for eachthe adultoffense, orthe juvenilestatutory priormaximum convictionsentence forshall Vehicularbe Homicidethe orpresumptive Vehicularsentence Assault;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 eachthe felonyoffense, 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 countwhile onein pointa forcounty eachjail adultor state correctional facility and 1/2the pointoffender is being sentenced for eachone juvenileof priorthe conviction;crimes listed in this subsection.

forIf eachthe seriousoffender trafficor offense,an otheraccomplice thancommitted thoseone usedof the crimes listed in this subsection while in a county jail or state correctional facility, and the offender is being sentenced for an enhancementanticipatory pursuantoffense tounder chapter 9A.28 RCW 46.61.520(2),to countcommit one pointof 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 eachoffenses adultcommitted andunder 1/2RCW point69.50.401(2) (a) or (b) or 69.50.410;(b) Fifteen months for eachoffenses juvenilecommitted priorunder conviction;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 of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435 or 9.94A.827.

countAll oneenhancements pointunder forthis eachsubsection adultshall andrun 1/2consecutively pointto forall eachother juvenilesentencing priorprovisions, conviction for operationall ofoffenses asentenced vessel while under thethis influencechapter.(7) ofAn intoxicatingadditional:(a) liquorTwo oryears anyshall drug.(b)be Ifadded theto present conviction is for Vehicular Assault while driving under the influencestandard ofsentence intoxicatingrange liquor or any drug under RCW 46.61.522(1)(b), count three points for eachvehicular adulthomicide orcommitted juvenile prior conviction for Vehicular Homicide or Vehicular Assault, count one point for each adult and 1/2 point for each juvenile prior conviction of a felony offense, count one point for each adult and 1/2 point for each juvenile prior conviction of a serious traffic offense, and count one point for each adult and 1/2 point for each juvenile prior conviction for operation of a vessel while under the influence of intoxicating liquor or any drug.(12)drug Ifas thedefined present conviction is for homicide by watercraftRCW or46.61.502 assault by watercraft count two points for each adult or juvenile prior convictionoffense foras homicidedefined byin watercraftRCW or46.61.5055; assault by watercraft;

and(b) Five years shall be added to the standard sentence range for eachvehicular felonyassault offensecommitted countwhile oneunder pointthe influence of intoxicating liquor or any drug as defined in RCW 46.61.502 for each adultprior vehicular assault conviction pursuant to RCW 46.61.522(1)(b) or an out-of-state conviction that would have been a conviction of RCW 46.61.522(1)(b) if committed in this state.Notwithstanding any other provision of law, all impaired driving enhancements under this subsection are mandatory, shall be served in total confinement, and 1/2shall pointrun consecutively to all other sentencing provisions, including other impaired driving enhancements, for eachall juvenileoffenses priorsentenced conviction;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.

countIf onethe pointoffender foris eachbeing adultsentenced and 1/2 point for eachmore juvenilethan priorone convictionoffense, for driving under the influencesexual ofmotivation intoxicatingenhancement liquormust orbe anyadded drug,to actual physical control of a motor vehicle while under the influencetotal ofperiod intoxicating liquor or any drug, or operation of atotal vesselconfinement whilefor underall theoffenses, influenceregardless of intoxicatingwhich liquorunderlying oroffense any drug.(13) If the present conviction is forsubject manufactureto ofa methamphetaminesexual countmotivation threeenhancement. points for each adult prior manufacture of methamphetamine conviction and two points for each juvenile manufacture of methamphetamine offense.

If the presentoffender convictioncommitted the offense with sexual motivation and the offender is being sentenced for aan druganticipatory offense andunder chapter 9A.28 RCW, the offenderfollowing hasadditional 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 criminalclass historyA thatfelony includesor with a sexstatutory offensemaximum sentence of at least twenty years, or seriousboth;(ii) violentEighteen offense,months countfor threeany pointsfelony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both;(iii) One year for eachany adultfelony priordefined under any law as a class C felony drugor offensewith convictiona 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 twothe pointsoffender has previously been sentenced for eachany juvenilesexual drugmotivation offense.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.

AllHowever, otherwhether adultor andnot juvenilea feloniesmandatory areminimum scoredterm ashas inexpired, subsectionan (8)offender ofserving thisa sectionsentence ifunder thethis current drug offense is violent, or as in subsection (7)may ofbe:(i) thisGranted sectionan ifextraordinary themedical currentplacement drugwhen offenseauthorized isunder nonviolent.(14) If the present conviction is for Escape from Community Custody, RCW 72.09.310,9.94A.728(1)(c); count only prior escape convictions in the offender score.

Countor(ii) adultReleased priorunder escapethe convictionsprovisions asof oneRCW point9.94A.730;(c) andThe juvenilesexual priormotivation escapeenhancements convictionsin asthis 1/2subsection point.(15)apply Ifto theall presentfelony convictioncrimes;(d) isIf forthe Escapestandard 1,sentence RCWrange 9A.76.110,under orthis Escapesubsection 2,exceeds RCWthe 9A.76.120,statutory countmaximum adultsentence priorfor convictionsthe asoffense, onethe pointstatutory andmaximum juvenilesentence priorshall convictionsbe asthe 1/2presumptive point.(16)sentence Ifunless the presentoffender conviction is fora Burglarypersistent 2offender. or residential burglary, count priors as in subsection (7) of this section;

however,If countthe twoaddition pointsof fora eachsexual adultmotivation andenhancement juvenileincreases priorthe Burglarysentence 1so conviction,that twoit pointswould forexceed eachthe adultstatutory priormaximum Burglaryfor 2the oroffense, residentialthe burglaryportion conviction,of andthe onesentence pointrepresenting forthe eachenhancement juvenilemay priornot Burglarybe 2reduced;(e) orThe residentialportion burglaryof conviction.(17)the Iftotal confinement sentence which the presentoffender convictionmust serve under this subsection shall be calculated before any earned early release time is forcredited to the offender;(f) Nothing in this subsection prevents a sexsentencing offense,court countfrom priorsimposing asa insentence subsectionsoutside (7)the throughstandard (11)sentence andrange (13)pursuant throughto (16)RCW 9.94A.535.(9) An additional one-year enhancement shall be added to the standard sentence range for the felony crimes of thisRCW section;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.

howeverIf countthe threeoffender pointsis forbeing eachsentenced adultfor andmore juvenilethan priorone sexoffense, offense conviction.(18) If the presentone-year convictionenhancement ismust forbe failureadded to registerthe astotal aperiod sexof offendertotal underconfinement RCWfor ((9A.44.130all or))offenses, 9A.44.132,regardless countof priorswhich asunderlying inoffense subsectionsis (7)subject throughto (11)the andenhancement. (13) through (16) of this section;

howeverIf countthe threeoffender pointsis being sentenced for eachan adultanticipatory andoffense juvenilefor priorthe sexfelony offensecrimes conviction,of excludingRCW prior9A.44.073, convictions9A.44.076, for9A.44.079, failure9A.44.083, to9A.44.086, registeror as9A.44.089, aand sexthe offender underattempted, RCWsolicited ((9A.44.130another, or))or 9A.44.132,conspired whichto shallengage, countagree, asor oneoffer point.(19)to Ifengage the presentvictim convictionin isthe sexual conduct in return for a fee, an offenseadditional committedone-year whileenhancement shall be added to the offenderstandard wassentence range determined under communitysubsection custody,(2) addof onethis point.section.

For purposes of this subsection, community"sexual custodyconduct" includesmeans communitysexual placementintercourse or postreleasesexual supervision,contact, both as defined in chapter 9.94B9A.44 RCW.(20)RCW.(10)(a) IfFor thea presentperson convictionage iseighteen foror Theftolder convicted of any criminal street gang-related felony offense for which the person compensated, threatened, or solicited a Motorminor Vehicle,in Possessionorder to involve the minor in the commission of athe Stolenfelony Vehicle,offense, Takingthe astandard Motorsentence Vehiclerange Withoutis Permissiondetermined 1,by orlocating Takingthe asentencing Motorgrid Vehiclesentence Withoutrange Permissiondefined 2,by countthe priorsappropriate asoffender inscore subsectionsand (7)the throughseriousness (18)level of thisthe section;completed crime, and multiplying the range by one hundred twenty-five percent.

howeverIf countthe onestandard pointsentence forrange priorunder convictionsthis ofsubsection Vehicleexceeds Prowlingthe 2,statutory andmaximum threesentence points for eachthe adultoffense, andthe juvenilestatutory priormaximum Theftsentence 1is (ofthe apresumptive motorsentence vehicle),unless Theftthe 2offender (ofis a motorpersistent vehicle),offender.(b) PossessionThis ofsubsection Stolendoes Propertynot 1apply (ofto any criminal street gang-related felony offense for which involving a motorminor vehicle),in Possessionthe commission of Stolenthe Propertyfelony 2offense (ofis aan motorelement vehicle),of Theftthe offense.(c) The increased penalty specified in (a) of athis Motorsubsection Vehicle,is Possessionunavailable 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 Stolenpolice Vehicle,vehicle Takingas defined by RCW 46.61.024, if the conviction included a Motorfinding Vehicleby Withoutspecial Permissionallegation 1,of endangering one or Takingmore apersons Motorunder VehicleRCW Without9.94A.834.(12) PermissionAn 2additional conviction.(21)twelve Ifmonths shall be added to the presentstandard convictionsentence isrange for an offense that is also a felonyviolation domesticof violenceRCW offense9.94A.831.(13) whereAn domesticadditional violencetwelve 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 inby RCW 9.94A.03046.61.520 wasor ((pleadfor [pleaded]))vehicular pleadedassault andcommitted proven,while countunder priorsthe influence of intoxicating liquor or any drug as indefined subsectionsby (7)RCW through46.61.522, (20)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 thissixteen section;who is an occupant in the defendant's vehicle.

however,These countenhancements pointsshall asbe follows:(a)mandatory, Countshall twobe pointsserved for each adult prior conviction where domestic violence as defined in RCWtotal 9.94A.030confinement, was ((plead [pleaded])) pleaded and provenshall afterrun Augustconsecutively 1,to 2011,all forother thesentencing followingprovisions. offenses:

AIf violationthe addition of a no-contactminor orderchild thatenhancement isincreases athe felonysentence offense,so a violation of a protection order that isit awould felonyexceed offense,the astatutory felonymaximum domesticfor violencethe harassment offense, athe felonyportion domesticof violencethe stalkingsentence offense,representing athe domesticenhancement violencemay Burglarynot 1be offense,reduced.(14) aAn domesticadditional violencetwelve Kidnappingmonths 1shall offense,be aadded domesticto violencethe Kidnappingstandard 2sentence offense,range afor domestican violenceoffense unlawfulthat imprisonmentis offense,also a domesticviolation violenceof Robbery 1 offense, a domestic violence Robbery 2 offense, a domestic violence Assault 1 offense, a domestic violence Assault 2 offense, a domestic violence Assault 3 offense, a domestic violence Arson 1 offense, or a domestic violence Arson 2 offense;(b) Count one point for each second and subsequent juvenile conviction where domestic violence as defined in RCW 9.94A.0309.94A.832.--- wasEND ((plead--- [pleaded])) pleaded and proven after August 1, 2011, for the offenses listed in (a) of this subsection;

and(c) Count one point for each adult prior conviction for a repetitive domestic violence offense as defined in RCW 9.94A.030, where domestic violence as defined in RCW 9.94A.030, was ((plead [pleaded])) pleaded and proven after August 1, 2011.(22) The fact that a prior conviction was not included in an offender's offender score or criminal history at a previous sentencing shall have no bearing on whether it is included in the criminal history or offender score for the current offense.

Prior convictions that were not counted in the offender score or included in criminal history under repealed or previous versions of the sentencing reform act shall be included in criminal history and shall count in the offender score if the current version of the sentencing reform act requires including or counting those convictions.

Prior convictions that were not included in criminal history or in the offender score shall be included upon any resentencing to ensure imposition of an accurate sentence.--- END ---