The proposed bill seeks to increase penalties for felony offenses committed at postsecondary institutions when the defendant attempts to conceal their identity. A new section is added to chapter 9.94A RCW, allowing prosecuting attorneys to file a special allegation if there is evidence that the defendant committed the offense while wearing a mask or other items to hide their face. The state must prove this allegation beyond a reasonable doubt, and if found guilty, the court or jury must determine whether concealment occurred. The bill also defines "postsecondary institution" to encompass various educational institutions in Washington.
Furthermore, the bill amends RCW 9.94A.533 to introduce a mandatory 12-month enhancement to the standard sentence range for convictions that include a finding of attempting to conceal identity. It also adjusts percentage multipliers for determining sentence ranges and adds enhancements for firearm and deadly weapon offenses, as well as for crimes with sexual motivation. Importantly, these enhancements must be served in total confinement and run consecutively to other sentencing provisions. Additionally, the bill allows judges to exercise discretion in sentencing individuals under 18 in adult court, permitting them to depart from mandatory enhancements based on the defendant's unique circumstances.
Statutes affected: Original bill: 18.16.020