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AN ACT Relating to excluding any person who is convicted of a hit 1
and run resulting in death from being eligible for a first-time 2
offender waiver; and amending RCW 9.94A.650. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 9.94A.650 and 2022 c 16 s 6 are each amended to read 5
as follows: 6
(1) This section applies to offenders who have never been 7
previously convicted of a felony in this state, federal court, or 8
another state, and who have never participated in a program of 9
deferred prosecution for a felony, and who are convicted of a felony 10
that is not: 11
(a) Classified as a violent offense or a sex offense under this 12
chapter; 13
(b) Manufacture, delivery, or possession with intent to 14
manufacture or deliver a controlled substance classified in Schedule 15
I or II that is a narcotic drug or flunitrazepam classified in 16
Schedule IV; 17
(c) Manufacture, delivery, or possession with intent to deliver a 18
methamphetamine, its salts, isomers, and salts of its isomers as 19
defined in RCW 69.50.206(d)(2); 20
H-0241.1
HOUSE BILL 1074
State of Washington 69th Legislature 2025 Regular Session
By Representatives Jacobsen, Schmidt, Burnett, and Caldier
Prefiled 12/16/24. Read first time 01/13/25. Referred to Committee
on Community Safety.
p. 1 HB 1074
(d) The selling for profit of any controlled substance or 1
counterfeit substance classified in Schedule I, RCW 69.50.204, except 2
leaves and flowering tops of cannabis; ((or))3
(e) Felony driving while under the influence of intoxicating 4
liquor or any drug or felony physical control of a vehicle while 5
under the influence of intoxicating liquor or any drug; or6
(f) Hit and run resulting in death under RCW 46.52.020(4)(a).7
(2) In sentencing a first-time offender the court may waive the 8
imposition of a sentence within the standard sentence range and 9
impose a sentence which may include up to ninety days of confinement 10
in a facility operated or utilized under contract by the county and a 11
requirement that the offender refrain from committing new offenses.12
(3) The court may impose up to six months of community custody 13
unless treatment is ordered, in which case the period of community 14
custody may include up to the period of treatment, but shall not 15
exceed one year. 16
(4) As a condition of community custody, in addition to any 17
conditions authorized in RCW 9.94A.703, the court may order the 18
offender to pay all court-ordered legal financial obligations and/or 19
perform community restitution work. 20
(5) For the purposes of this section, "cannabis" has the meaning 21
provided in RCW 69.50.101. 22
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p. 2 HB 1074