SB 5934 — Concerning convicted persons.

S-2779.1SUBSTITUTES-2757.2SENATE SENATE BILL 5934State of Washington65th Legislature2017 1st Special SessionBy Senate Law & Justice (originally sponsored by Senator Padden)READPaddenAN FIRST TIME 05/05/17.AN ACT Relating to convicted persons;

amending RCW 9.94A.589, 9.94B.050, 9.94A.501, 9.94A.533, 9.94A.525, 46.20.117, and 46.20.117;

and declaring an emergency.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:PART ISERIOUSNESS LEVEL OF CRIMESSec. 101.  RCW 9.94A.515 and 2016 c 213 s 5, 2016 c 164 s 13, and 2016 c 6 s 1 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))      XIII Malicious explosion 2 (RCW 70.74.280(2))         Malicious placement of an explosive 1 (RCW 70.74.270(1))        Rape of a Child 1 (RCW 9A.44.073)     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))) 2 (RCW 9A.44.076)        Trafficking 2 (RCW 9A.40.100(3))      XI Child Molestation 1 (RCW 9A.44.083)        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))         Malicious placement of an explosive 2 (RCW 70.74.270(2))       Robbery 1 (RCW 9A.56.200)        Sexual Exploitation (RCW 9.68A.040)      VIII Arson 1 (RCW 9A.48.020)        Child Molestation 2 (RCW 9A.44.086)        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)          Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050(1))        Drive-by Shooting (RCW 9A.36.045)         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)        Rape of a Child 3 (RCW 9A.44.079)           Sale, install, (([or])) 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 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)        Child Molestation 3 (RCW 9A.44.089)       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)))          Taking Motor Vehicle Without Permission 1 (third or subsequent offense) (RCW 9A.56.070)        Theft of a Firearm (RCW 9A.56.300)        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 1 (RCW 9A.44.160)          Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2))            Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)         Driving While Under the Influence (RCW 46.61.502(6))       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)         Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6))        Possession of a Stolen Firearm (RCW 9A.56.310)       Rape 3 (RCW 9A.44.060)        Rendering Criminal Assistance 1 (RCW 9A.76.070)           Sale, install, (([or])) 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)       Assault 2 (RCW 9A.36.021)         Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h))        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))        Endangerment with a Controlled Substance (RCW 9A.42.100)       Escape 1 (RCW 9A.76.110)        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 Fourteen (subsequent sex offense) (RCW 9A.88.010)        Influencing Outcome of Sporting Event (RCW 9A.82.070)        Malicious Harassment (RCW 9A.36.080)          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 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)          Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1))        Willful Failure to Return from Furlough (RCW 72.66.060)       III Animal 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)         Cyberstalking (subsequent conviction or threat of death) (RCW 9.61.260(3))       Escape 2 (RCW 9A.76.120)       Extortion 2 (RCW 9A.56.130)       Harassment (RCW 9A.46.020)        Intimidating a Public Servant (RCW 9A.76.180)        Introducing Contraband 2 (RCW 9A.76.150)        Malicious Injury to Railroad Property (RCW 81.60.070)         Malicious Mischief 1 (motor vehicle, third or subsequent offense) (RCW 9A.48.070)        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 or Short-Barreled Shotgun or Rifle (RCW 9.41.190)         Possession of Stolen Vehicle (third or subsequent offense) (RCW 9A.56.068)        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 of Motor Vehicle (third or subsequent offense) (RCW 9A.56.065)        Theft with the Intent to Resell 1 (RCW 9A.56.340(2))        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 Food Fish or Shellfish 1 (RCW 69.04.938(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)         Willful Failure to Return from Work Release (RCW 72.65.070)       II Commercial 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)           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)         Malicious Mischief 2 (motor vehicle, third or subsequent offense) (RCW 9A.48.080)        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)         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)          Taking Motor Vehicle Without Permission 2 (third or subsequent offense) (RCW 9A.56.075)       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 five thousand dollars 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))         Vehicle Prowl 1 (third or subsequent offense) (RCW 9A.52.095)       Voyeurism (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))         Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075)       Theft 2 (RCW 9A.56.040)             Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at seven hundred fifty dollars or more but less than five thousand dollars) (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)        Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b))         Unlawful Use of Prohibited Aquatic Animal Species (RCW 77.15.253(3))        Vehicle Prowl 1 (RCW 9A.52.095)         Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b))   PART IICOMMUNITY CUSTODY:

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 may not be reduced.(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)(a) The following additional times shall be added to the standard sentence range if the court finds that the offender is a habitual property offender pursuant to section 502 of this act:(i) Twenty-four months if the offender is being sentenced for a felony defined as a class B felony;(ii) Twelve months if the offender is being sentenced for a felony defined as a class C felony.(b) A sentence imposed pursuant to this subsection is not to exceed the statutory maximum for the crime as established in RCW 9A.20.021.(c) Notwithstanding any other provision of law, all habitual property offender enhancements imposed under this subsection (15) are mandatory and shall be served in total confinement. However, whether or not the mandatory minimum term has expired, an offender serving a sentence under this subsection may be granted an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c).PART VIMOTORVIIDENTICARDS VEHICLEFOR PROPERTYPERSONS OFFENDERSSec. 601.  RCWRELEASED 9.94A.525FROM DEPARTMENT OF CORRECTIONSNEW SECTION.  Sec. 601.  The legislature intends to create an identicard program to assist incarcerated offenders to obtain a state-issued identicard to aid and 2013prepare 2ndoffenders sp.s.for release from prison and reentry into the community.

c 35 s 8 are each amended to read as follows:The offender score is measured on the horizontal axis of the sentencing grid.

The offender score rules are as follows:The offender score is the sum of points accrued under this section rounded down to the nearest whole number.(1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed.

Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.589.(2)(a) Class A and sex prior felony convictions shall always be included in the offender score.(b) Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, 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.(c) Except as provided in (e) of this subsection, class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction.(d) Except as provided in (e) of this subsection, serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction.(e) If the present conviction is felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)), all predicate crimes for the offense as defined by RCW 46.61.5055(14) shall be included in the offender score, and prior convictions for felony driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug (RCW 46.61.504(6)) shall always be included in the offender score.

All other convictions of the defendant shall be scored according to this section.(f) Prior convictions for a repetitive domestic violence offense, as defined in RCW 9.94A.030, shall not be included in the offender score 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 offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law.

Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law.

If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.(4) Score prior convictions for felony anticipatory offenses (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), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score.

The current sentencing 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 "same criminal conduct" analysis found in RCW 9.94A.589(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used.

The current sentencing court may presume that such other prior offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;(ii) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense.

Use the conviction for the offense that yields the highest offender score.(b) As used in this subsection (5), "served concurrently" means that:

(i) The latter sentence was imposed with specific reference to the former;

(ii) the concurrent relationship of the sentences was judicially imposed;

and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.(6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense.

When these convictions are used as criminal history, score them the same as a completed crime.(7) If the present conviction is for a nonviolent offense and not covered by subsection (11), (12), or (13) of this section, count one point for 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, count two points for 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 in 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 present conviction is for Burglary 1, count prior convictions as in subsection (8) of this section;

however count two points for each prior adult Burglary 2 or residential burglary conviction, and one point for each prior juvenile Burglary 2 or residential burglary conviction.(11) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault;

for each felony offense count one point for each adult and 1/2 point for each juvenile prior conviction;

for each serious traffic offense, other than those used for an enhancement pursuant to RCW 46.61.520(2), count one point for each adult and 1/2 point for each juvenile prior conviction;

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) If the present conviction is for homicide by watercraft or assault by watercraft count two points for each adult or juvenile prior conviction for homicide by watercraft or assault by watercraft;

for each felony offense count one point for each adult and 1/2 point for each juvenile prior conviction;

count one point for each adult and 1/2 point for each juvenile prior conviction for driving under the influence of intoxicating liquor or any drug, actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, or operation of a vessel while under the influence of intoxicating liquor or any drug.(13) If the present conviction is for manufacture of methamphetamine count three points for each adult prior manufacture of methamphetamine conviction and two points for each juvenile manufacture of methamphetamine offense.

If the present conviction is for a drug offense and the offender has a criminal history that includes a sex offense or serious violent offense, count three points for each adult prior felony drug offense conviction and two points for each juvenile drug offense.

All other adult and juvenile felonies are scored as in subsection (8) of this section if the current drug offense is violent, or as in subsection (7) of this section if the current drug offense is nonviolent.(14) If the present conviction is for Escape from Community Custody, RCW 72.09.310, count only prior escape convictions in the offender score.

Count adult prior escape convictions as one point and juvenile prior escape convictions as 1/2 point.(15) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions as 1/2 point.(16) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (7) of this section;

however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 or residential burglary conviction, and one point for each juvenile prior Burglary 2 or residential burglary conviction.(17) If the present conviction is for a sex offense, count priors as in subsections (7) through (11) and (13) through (16) of this section;

however count three points for each adult and juvenile prior sex offense conviction.(18) If the present conviction is for failure to register as a sex offender under RCW 9A.44.130 or 9A.44.132, count priors as in subsections (7) through (11) and (13) through (16) of this section;

however count three points for each adult and juvenile prior sex offense conviction, excluding prior convictions for failure to register as a sex offender under RCW 9A.44.130 or 9A.44.132, which shall count as one point.(19) If the present conviction is for an offense committed while the offender was under community custody, add one point.

For purposes of this subsection, community custody includes community placement or postrelease supervision, as defined in chapter 9.94B RCW.(20) If the present conviction is for Theft of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor Vehicle Without Permission 1, ((or)) Taking a Motor Vehicle Without Permission 2, Malicious Mischief 1 (motor vehicle), or Malicious Mischief 2 (motor vehicle), count priors as in subsections (7) through (18) of this section;

however count one point for prior convictions of Vehicle Prowling 2, and three points for each adult and juvenile prior Theft 1 (of a motor vehicle), Theft 2 (of a motor vehicle), Possession of Stolen Property 1 (of a motor vehicle), Possession of Stolen Property 2 (of a motor vehicle), Theft of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor Vehicle Without Permission 1, ((or)) Taking a Motor Vehicle Without Permission 2, Malicious Mischief 1 (motor vehicle), or Malicious Mischief 2 (motor vehicle) conviction.(21) If the present conviction is for a felony domestic violence offense where domestic violence as defined in RCW 9.94A.030 was ((plead [pleaded])) pleaded and proven, count priors as in subsections (7) through (20) of this section;

however, count points as follows:(a) Count two points for each adult prior conviction where domestic violence as defined in RCW 9.94A.030 was ((plead [pleaded])) pleaded and proven after August 1, 2011, for the following offenses:

A violation of a no-contact order that is a felony offense, a violation of a protection order that is a felony offense, a felony domestic violence harassment offense, a felony domestic violence stalking offense, a domestic violence Burglary 1 offense, a domestic violence Kidnapping 1 offense, a domestic violence Kidnapping 2 offense, a domestic violence unlawful imprisonment offense, a domestic violence 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.030 was ((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.PART VIIIDENTICARDS FOR PERSONS RELEASED FROM DEPARTMENT OF CORRECTIONSNEW SECTION.  Sec. 701.  The legislature intends to create an identicard program to assist incarcerated offenders to obtain a state-issued identicard to aid and prepare offenders for release from prison and reentry into the community.

In accordance with executive order 16-05 building safe and strong communities through successful reentry, this act intends to ensure that offenders released from state prisons have adequate identification in order to increase public safety and reduce recidivism.NEW SECTION.  Sec. 702.  ASECTION.  Sec. 602.  A new section is added to chapter 72.09 RCW to read as follows:(1) Subject to the availability of amounts appropriated for this specific purpose, the department, working in conjunction with the department of licensing, shall create and implement an identicard program to provide offenders released within Washington state a state-issued identicard pursuant to RCW 46.20.117.(2) An offender is eligible for an original, renewal, or replacement identicard pursuant to this section, provided he or she:(a) Meets the department of licensing criteria under RCW 46.20.117;(b) Is sentenced to the custody of the department, and is incarcerated within a correctional facility with an earned release date that is more than one year from his or her admission date;(c) Has not been found to be subject to an immigration detainer or removal order and does not become subject to a removal order during the period of incarceration.

and(e) Pays a fee of eighteen dollars for the cost of the identicard.(3) A state law enforcement agency, court, or the department may not be prohibited from investigating the legal presence of a person or identifying a defendant's legal presence on a judgment and sentence form or any other investigatory or arrest materials provided to the department after conviction for the purposes of this act.Sec. 703.  RCWact.Sec. 603.  RCW 46.20.117 and 20172012 c 12280 s 16 are each amended to read as follows:(1) Issuance.

Except as provided in (b) of this subsection or subsection (5) of this section, the fee is ((forty-five dollars from October 1, 2012, to June 30, 2013, and)) fifty-four dollars,dollars ((after June 30, 2013)), unless an applicant is:is a recipient of continuing public assistance grants under Title 74 RCW, who is referred in writing by the secretary of social and health services.

(((i)))For (A)those Apersons recipientthe offee continuingmust publicbe assistancethe grantsactual undercost Titleof 74production RCW,of who is referred in writing by the secretaryidenticard; of social and health services;