Bill Summary – FastDemocracy

S-0590.1
                           SUBSTITUTE SENATE BILL 5120
     State of Washington         67th Legislature        2021 Regular Session
     By Senate Human Services, Reentry & Rehabilitation (originally
     sponsored by Senators Darneille, Das, Hasegawa, Liias, Lovelett,
     Mullet, Nguyen, Robinson, Saldaña, and Wilson, C.)
     READ FIRST TIME 01/25/21.
      AN ACT Relating to the criminal sentencing of youth and young
  adults; reenacting and amending RCW 9.94A.533; adding a new section
  to chapter 9.94A RCW; and creating new sections.
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     NEW SECTION. Sec. 1. The legislature declares that children are
 different and finds that a scientific consensus has developed that
 demonstrates that young people continue to develop neurologically
 until age 26. The legislature finds that until then, young people are
 less able to make decisions for themselves, are more impulsive, and
 more susceptible to peer pressure. The legislature finds that as a
 result, the Washington state supreme court has held that judges, when
 sentencing individuals in adult court for offenses committed as
 youth, must consider the mitigating factors relating to their youth
 and have full discretion to impose any lesser sentence.
     Sec. 2. 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:
     (1) The provisions of this section apply to the standard sentence
 ranges determined by RCW 9.94A.510 or 9.94A.517.
     (2) Regardless of any provisions in this section, if a person is
 being sentenced in adult court for a crime committed under age 18,
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 the court must consider the mitigating factors of youth and the court
 has full discretion to depart from mandatory sentencing enhancements,
 mandatory minimums, and the standard range sentence to impose any
 lesser sentence.
     (3) 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)) 75 percent.
     (((3))) (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 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
 range determined under subsection (((2))) (3) 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)) 20
 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)) 10 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
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 subsection or subsection (((4))) (5)(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
 for the offense, the portion of the sentence representing the
 enhancement may not be reduced.
     (((4))) (5) 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
                                     p. 3                         SSB 5120
 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))) (3) 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)) 20
 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)) 10 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))) (4)(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. 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
                                     p. 4                         SSB 5120
 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))) (6) 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))) (3) 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))) (7) An additional ((twenty-four)) 24 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. All enhancements under this subsection
 shall run consecutively to all other sentencing provisions, for all
 offenses sentenced under this chapter.
     (((7))) (8) 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.
                                     p. 5                         SSB 5120
     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))) (9)(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))) (3) 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)) 20
 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)) 10
 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
 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;
                                     p. 6                         SSB 5120
     (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))) (10) 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,
 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))) (3) 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))) (11)(a) For a person age ((eighteen)) 18 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
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 by ((one hundred twenty-five)) 125 percent. If the standard sentence
 range under this sub