The proposed bill aims to provide sentencing alternatives for defendants who are survivors of domestic violence, sexual assault, or human trafficking. It introduces new provisions that allow courts to reduce incarceration terms or impose alternative sentences for defendants who can demonstrate that their criminal conduct was significantly influenced by their status as victims of abuse. The bill outlines specific eligibility criteria, requiring courts to consider various forms of evidence, such as testimonies and records, to assess the impact of past victimization on criminal behavior. Additionally, it establishes a process for resentencing individuals currently incarcerated under certain conditions, enabling them to petition for a new sentence based on their victimization. Key amendments include the addition of new sections to the Revised Code of Washington (RCW) detailing the criteria for alternative sentencing and the process for resentencing, while ensuring that victims and survivors are informed and involved in the process.

Moreover, the bill introduces new provisions for vacating criminal convictions for individuals who have been victims of domestic violence, sexual assault, or human trafficking. A new section added to chapter 9.96 RCW allows individuals who have completed their sentence to apply for the vacation of their conviction if they can demonstrate that their criminal conduct was significantly influenced by the abuse they suffered. The court is granted discretion to consider various factors and evidence when evaluating these applications, and it may waive certain restrictions to grant relief in the interest of justice. The bill also clarifies that once a conviction is vacated, the individual is released from penalties and may state they have never been convicted of that crime for employment or housing applications, while ensuring that vacated convictions are not disclosed by law enforcement agencies, with specific exceptions.

Statutes affected:
Original Bill: 9.94A.501, 9.94A.717, 9.94A.535, 9.94A.540, 9.94A.570, 10.99.020