Unlawful firearm possession

AN ACT Relating to promoting public safety and deterring unlawful 1
firearm possession by increasing criminal penalties for unlawful 2
possession of a firearm; amending RCW 10.31.100, 9.94A.030, 3
9.94A.030, 9.94A.525, and 9.94A.525; reenacting and amending RCW 4
9.94A.515; creating a new section; providing an effective date; and 5
providing an expiration date. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. The legislature finds that the unlawful 8
possession of firearms by individuals with a history of violent 9
criminal behavior presents a significant threat to public safety. 10
Classifying certain instances of unlawful possession of firearms as 11
violent offenses, adjusting sentencing levels, and mandating jail 12
booking for violations seeks to reduce recidivism, deters unlawful 13
firearm possession, and enhances penalties for such offenses.14
Sec. 2. RCW 10.31.100 and 2023 c 462 s 702 are each amended to 15
read as follows: 16
A police officer having probable cause to believe that a person 17
has committed or is committing a felony shall have the authority to 18
arrest the person without a warrant. A police officer may arrest a 19
person without a warrant for committing a misdemeanor or gross 20
H-0353.1
HOUSE BILL 1139
State of Washington 69th Legislature 2025 Regular Session
By Representatives Low, Leavitt, Eslick, and Davis
Prefiled 12/30/24. Read first time 01/13/25. Referred to Committee
on Community Safety.
p. 1 HB 1139
misdemeanor only when the offense is committed in the presence of an 1
officer, except as provided in subsections (1) through (11) of this 2
section. 3
(1) Any police officer having probable cause to believe that a 4
person has committed or is committing a misdemeanor or gross 5
misdemeanor, involving physical harm or threats of harm to any person 6
or property or the unlawful taking of property or involving the use 7
or possession of cannabis, or involving the acquisition, possession, 8
or consumption of alcohol by a person under the age of twenty-one 9
years under RCW 66.44.270, or involving criminal trespass under RCW 10
9A.52.070 or 9A.52.080, shall have the authority to arrest the 11
person. 12
(2) A police officer shall arrest and take into custody, pending 13
release on bail, personal recognizance, or court order, a person 14
without a warrant when the officer has probable cause to believe 15
that: 16
(a) A domestic violence protection order, a sexual assault 17
protection order, a stalking protection order, or a vulnerable adult 18
protection order has been issued, of which the person has knowledge, 19
under chapter 7.105 RCW, or an order has been issued, of which the 20
person has knowledge, under RCW 26.44.063, or chapter 9A.40, 9A.46, 21
9A.88, 10.99, 26.09, 26.26A, 26.26B, or 74.34 RCW, or any of the 22
former chapters 7.90, 7.92, and 26.50 RCW, restraining the person and 23
the person has violated the terms of the order restraining the person 24
from acts or threats of violence, or restraining the person from 25
going onto the grounds of, or entering, a residence, workplace, 26
school, or day care, or prohibiting the person from knowingly coming 27
within, or knowingly remaining within, a specified distance of a 28
location, a protected party's person, or a protected party's vehicle, 29
or requiring the person to submit to electronic monitoring, or, in 30
the case of an order issued under RCW 26.44.063, imposing any other 31
restrictions or conditions upon the person; 32
(b) An extreme risk protection order has been issued against the 33
person under chapter 7.105 RCW or former RCW 7.94.040, the person has 34
knowledge of the order, and the person has violated the terms of the 35
order prohibiting the person from having in the person's custody or 36
control, purchasing, possessing, accessing, or receiving a firearm or 37
concealed pistol license; 38
(c) A foreign protection order, as defined in RCW 26.52.010, or a 39
Canadian domestic violence protection order, as defined in RCW 40
p. 2 HB 1139
26.55.010, has been issued of which the person under restraint has 1
knowledge and the person under restraint has violated a provision of 2
the foreign protection order or the Canadian domestic violence 3
protection order prohibiting the person under restraint from 4
contacting or communicating with another person, or excluding the 5
person under restraint from a residence, workplace, school, or day 6
care, or prohibiting the person from knowingly coming within, or 7
knowingly remaining within, a specified distance of a location, a 8
protected party's person, or a protected party's vehicle, or a 9
violation of any provision for which the foreign protection order or 10
the Canadian domestic violence protection order specifically 11
indicates that a violation will be a crime; ((or))12
(d) The person is eighteen years or older and within the 13
preceding four hours has assaulted a family or household member or 14
intimate partner as defined in RCW 10.99.020 and the officer 15
believes: (i) A felonious assault has occurred; (ii) an assault has 16
occurred which has resulted in bodily injury to the victim, whether 17
the injury is observable by the responding officer or not; or (iii) 18
that any physical action has occurred which was intended to cause 19
another person reasonably to fear imminent serious bodily injury or 20
death. Bodily injury means physical pain, illness, or an impairment 21
of physical condition. When the officer has probable cause to believe 22
that family or household members or intimate partners have assaulted 23
each other, the officer is not required to arrest both persons. The 24
officer shall arrest the person whom the officer believes to be the 25
primary aggressor. In making this determination, the officer shall 26
make every reasonable effort to consider: (A) The intent to protect 27
victims of domestic violence under RCW 10.99.010; (B) the comparative 28
extent of injuries inflicted or serious threats creating fear of 29
physical injury; and (C) the history of domestic violence of each 30
person involved, including whether the conduct was part of an ongoing 31
pattern of abuse; or32
(e) The person has unlawfully possessed a firearm in violation of 33
RCW 9.41.040 (1) or (2). 34
(3) Any police officer having probable cause to believe that a 35
person has committed or is committing a violation of any of the 36
following traffic laws shall have the authority to arrest the person:37
(a) RCW 46.52.010, relating to duty on striking an unattended car 38
or other property; 39
p. 3 HB 1139
(b) RCW 46.52.020, relating to duty in case of injury to, or 1
death of, a person or damage to an attended vehicle;2
(c) RCW 46.61.500 or 46.61.530, relating to reckless driving or 3
racing of vehicles; 4
(d) RCW 46.61.502 or 46.61.504, relating to persons under the 5
influence of intoxicating liquor or drugs; 6
(e) RCW 46.61.503 or 46.25.110, relating to persons having 7
alcohol or THC in their system; 8
(f) RCW 46.20.342, relating to driving a motor vehicle while 9
operator's license is suspended or revoked; 10
(g) RCW 46.61.5249, relating to operating a motor vehicle in a 11
negligent manner. 12
(4) A law enforcement officer investigating at the scene of a 13
motor vehicle accident may arrest the driver of a motor vehicle 14
involved in the accident if the officer has probable cause to believe 15
that the driver has committed, in connection with the accident, a 16
violation of any traffic law or regulation. 17
(5)(a) A law enforcement officer investigating at the scene of a 18
motor vessel accident may arrest the operator of a motor vessel 19
involved in the accident if the officer has probable cause to believe 20
that the operator has committed, in connection with the accident, a 21
criminal violation of chapter 79A.60 RCW. 22
(b) A law enforcement officer investigating at the scene of a 23
motor vessel accident may issue a citation for an infraction to the 24
operator of a motor vessel involved in the accident if the officer 25
has probable cause to believe that the operator has committed, in 26
connection with the accident, a violation of any boating safety law 27
of chapter 79A.60 RCW. 28
(6) Any police officer having probable cause to believe that a 29
person has committed or is committing a violation of RCW 79A.60.040 30
shall have the authority to arrest the person. 31
(7) An officer may act upon the request of a law enforcement 32
officer, in whose presence a traffic infraction was committed, to 33
stop, detain, arrest, or issue a notice of traffic infraction to the 34
driver who is believed to have committed the infraction. The request 35
by the witnessing officer shall give an officer the authority to take 36
appropriate action under the laws of the state of Washington.37
(8) Any police officer having probable cause to believe that a 38
person has committed or is committing any act of indecent exposure, 39
as defined in RCW 9A.88.010, may arrest the person.40
p. 4 HB 1139
(9) A police officer may arrest and take into custody, pending 1
release on bail, personal recognizance, or court order, a person 2
without a warrant when the officer has probable cause to believe that 3
an antiharassment protection order has been issued of which the 4
person has knowledge under chapter 7.105 RCW or former chapter 10.14 5
RCW and the person has violated the terms of that order.6
(10) Any police officer having probable cause to believe that a 7
person has, within twenty-four hours of the alleged violation, 8
committed a violation of RCW 9A.50.020 may arrest such person.9
(11) A police officer having probable cause to believe that a 10
person illegally possesses or illegally has possessed a firearm or 11
other dangerous weapon on private or public elementary or secondary 12
school premises shall have the authority to arrest the person.13
For purposes of this subsection, the term "firearm" has the 14
meaning defined in RCW 9.41.010 and the term "dangerous weapon" has 15
the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).16
(12) A law enforcement officer having probable cause to believe 17
that a person has committed a violation under RCW 77.15.160(5) may 18
issue a citation for an infraction to the person in connection with 19
the violation. 20
(13) A law enforcement officer having probable cause to believe 21
that a person has committed a criminal violation under RCW 77.15.809 22
or 77.15.811 may arrest the person in connection with the violation.23
(14) Except as specifically provided in subsections (2), (3), 24
(4), and (7) of this section, nothing in this section extends or 25
otherwise affects the powers of arrest prescribed in Title 46 RCW.26
(15) No police officer may be held criminally or civilly liable 27
for making an arrest pursuant to subsection (2) or (9) of this 28
section if the police officer acts in good faith and without malice.29
(16)(a) Except as provided in (b) of this subsection, a police 30
officer shall arrest and keep in custody, until release by a judicial 31
officer on bail, personal recognizance, or court order, a person 32
without a warrant when the officer has probable cause to believe that 33
the person has violated RCW 46.61.502 or 46.61.504 or an equivalent 34
local ordinance and the police officer: (i) Has knowledge that the 35
person has a prior offense as defined in RCW 46.61.5055 within ten 36
years; or (ii) has knowledge, based on a review of the information 37
available to the officer at the time of arrest, that the person is 38
charged with or is awaiting arraignment for an offense that would 39
p. 5 HB 1139
qualify as a prior offense as defined in RCW 46.61.5055 if it were a 1
conviction. 2
(b) A police officer is not required to keep in custody a person 3
under (a) of this subsection if the person requires immediate medical 4
attention and is admitted to a hospital. 5
Sec. 3. RCW 9.94A.030 and 2022 c 231 s 11 are each amended to 6
read as follows: 7
Unless the context clearly requires otherwise, the definitions in 8
this section apply throughout this chapter. 9
(1) "Board" means the indeterminate sentence review board created 10
under chapter 9.95 RCW. 11
(2) "Collect," or any derivative thereof, "collect and remit," or 12
"collect and deliver," when used with reference to the department, 13
means that the department, either directly or through a collection 14
agreement authorized by RCW 9.94A.760, is responsible for monitoring 15
and enforcing the offender's sentence with regard to the legal 16
financial obligation, receiving payment thereof from the offender, 17
and, consistent with current law, delivering daily the entire payment 18
to the superior court clerk without depositing it in a departmental 19
account. 20
(3) "Commission" means the sentencing guidelines commission.21
(4) "Community corrections officer" means an employee of the 22
department who is responsible for carrying out specific duties in 23
supervision of sentenced offenders and monitoring of sentence 24
conditions. 25
(5) "Community custody" means that portion of an offender's 26
sentence of confinement in lieu of earned release time or imposed as 27
part of a sentence under this chapter and served in the community 28
subject to controls placed on the offender's movement and activities 29
by the department. 30
(6) "Community protection zone" means the area within 880 feet of 31
the facilities and grounds of a public or private school.32
(7) "Community restitution" means compulsory service, without 33
compensation, performed for the benefit of the community by the 34
offender. 35
(8) "Confinement" means total or partial confinement.36
(9) "Conviction" means an adjudication of guilt pursuant to Title 37
10 or 13 RCW and includes a verdict of guilty, a finding of guilty, 38
and acceptance of a plea of guilty. 39
p. 6 HB 1139
(10) "Crime-related prohibition" means an order of a court 1
prohibiting conduct that directly relates to the circumstances of the 2
crime for which the offender has been convicted, and shall not be 3
construed to mean orders directing an offender affirmatively to 4
participate in rehabilitative programs or to otherwise perform 5
affirmative conduct. However, affirmative acts necessary to monitor 6
compliance with the order of a court may be required by the 7
department. 8
(11) "Criminal history" means the list of a defendant's prior 9
convictions and juvenile adjudications, whether in this state, in 10
federal court, or elsewhere, and any issued certificates of 11
restoration of opportunity pursuant to RCW 9.97.020.12
(a) The history shall include, where known, for each conviction 13
(i) whether the defendant has been placed on probation and the length 14
and terms thereof; and (ii) whether the defendant has been 15
incarcerated and the length of incarceration. 16
(b) A conviction may be removed from a defendant's criminal 17
history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 18
9.95.240, or a similar out-of-state statute, or if the conviction has 19
been vacated pursuant to a governor's pardon. However, when a 20
defendant is charged with a recidivist offense, "criminal history" 21
includes a vacated prior conviction for the sole purpose of 22
establishing that such vacated prior conviction constitutes an 23
element of the present recidivist offense as provided in RCW 24
9.94A.640(4)(b) and 9.96.060(((7))) (8)(c). 25
(c) The determination of a defendant's criminal history is 26
distinct from the determination of an offender score. A prior 27
conviction that was not included in an offender score calculated 28
pursuant to a former version of the sentencing reform act remains 29
part of the defendant's criminal history. 30
(12) "Criminal street gang" means any ongoing organization, 31
association, or group of three or more persons, whether formal or 32
informal, having a common name or common identifying sign or symbol, 33
having as one of its primary activities the commission of criminal 34
acts, and whose members or associates individually or collectively 35
engage in or have engaged in a pattern of criminal street gang 36
activity. This definition does not apply to employees engaged in 37
concerted activities for their mutual aid and protection, or to the 38
activities of labor and bona fide nonprofit organizations or their 39
members or agents. 40
p. 7 HB 1139
(13) "Criminal street gang associate or member" means any person 1
who actively participates in any criminal street gang and who 2
intentionally promotes, furthers, or assists in any criminal act by 3
the criminal street gang. 4
(14) "Criminal street gang-related offense" means any felony or 5
misdemeanor offense, whether in this state or elsewhere, that is 6
committed for the benefit of, at the direction of, or in association 7
with any criminal street gang, or is committed with the intent to 8
promote, further, or assist in any criminal conduct by the gang, or 9
is committed for one or more of the following reasons:10
(a) To gain admission, prestige, or promotion within the gang;11
(b) To increase or maintain the gang's size, membership, 12
prestige, dominance, or control in any geographical area;13
(c) To exact revenge or retribution for the gang or any member of 14
the gang; 15
(d) To obstruct justice, or intimidate or eliminate any witness 16
against the gang or any member of the gang; 17
(e) To directly or indirectly cause any benefit, aggrandizement, 18
gain, profit, or other advantage for the gang, its reputation, 19
influence, or membership; or 20
(f) To provide the gang with any advantage in, or any control or 21
dominance over any criminal market sector, including, but not limited 22
to, manufacturing, delivering, or selling any controlled substance 23
(chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen 24
property ( chapter 9A.82 RCW); promoting prostitution ( chapter 9A.88 25
RCW); human trafficking (RCW 9A.40.100); promoting commercial sexual 26
abuse of a minor (RCW 9.68A.101); or promoting pornography ( chapter 27
9.68 RCW). 28
(15) "Day fine" means a fine imposed by the sentencing court that 29
equals the difference between the offender's net daily income and the 30
reasonable obligations that the offender has for the support of the 31
offender and any dependents. 32
(16) "Day reporting" means a program of enhanced supervision 33
designed to monitor the offender's daily activities and compliance 34
with sentence conditions, and in which the offender is required to 35
report daily to a specific location designated by the department or 36
the sentencing court. 37
(17) "Department" means the department of corrections.38
(18) "Determinate sentence" means a sentence that states with 39
exactitude the number of actual years, months, or days of total 40
p. 8 HB 1139
confinement, of partial confinement, of community custody, the number 1
of actual hours or days of community restitution work, or dollars or 2
terms of a legal financial obligation. The fact that an offender 3
through earned release can reduce the actual period of confinement 4
shall not affect the classification of the sentence as a determinate 5
sentence. 6
(19) "Disposable earnings" means that part of the earnings of an 7
offender remaining after the deduction from those earnings of any 8
amount required by law to be withheld. For the purposes of this 9
definition, "earnings" means compensation paid or payable for 10
personal services, whether denominated as wages, salary, commission, 11
bonuses, or otherwise, and, notwithstanding any other provision of 12
law making the payments exempt from garnishment, attachment, or other 13
process to satisfy a court-ordered legal financial obligation, 14
specifically includes periodic payments pursuant to pension or 15
retirement programs, or insurance policies of any type, but does not 16
include payments made under Title 50 RCW, except as provided in RCW 17
50.40.020 and 50.40.050, or Title 74 RCW. 18
(20)(a) "Domestic violence" has the same meaning as defined in 19
RCW 10.99.020. 20
(b) "Domestic violence" also means: (i) Physical harm, bodily 21
injury, assault, or the infliction of fear of imminent physical harm, 22
bodily injury, or assault, sexual assault, or stalking, as defined in 23
RCW 9A.46.110, of one intimate partner by another intimate partner as 24
defined in RCW 10.99.020; or (ii) physical harm, bodily injury, 25
assault, or the infliction of fear of imminent physical harm, bodily 26
injury, or assault, sexual assault, or stalking, as defined in RCW 27
9A.46.110, of one family or household member by another family or 28
household member as defined in RCW 10.99.020. 29
(21) "Drug offender sentencing alternative" is a sentencing 30
option available to persons convicted of a felony offense who are 31
eligible for the option under RCW 9.94A.660. 32
(22) "Drug offense" means: 33
(a) Any felony violation of chapter 69.50 RCW except possession 34
of a controlled substance (RCW 69.50.4013) or forged prescription for 35
a controlled substance (RCW 69.50.403); 36
(b) Any offense defined as a felony under federal law that 37
relates to the possession, manufacture, distribution, or 38
transportation of a controlled substance; or 39
p. 9 HB 1139
(c) Any out-of-state conviction for an offense that under the 1
laws of this state would be a felony classified as a drug offense 2
under (a) of this subsection. 3
(23) "Earned release" means earned release from confinement as 4
provided in RCW 9.94A.728. 5
(24) "Electronic monitoring" means tracking the location of an 6
individual through the use of technology that is capable of 7
determining or identifying the monitored individual's presence or 8
absence at a particular location including, but not limited to:9
(a) Radio frequency signaling technology, which detects if the 10
monitored individual is or is not at an approved location and 11
notifies the monitoring agency of the time that the monitored 12
individual either leaves the approved location or tampers with or 13
removes the monitoring device; or 14
(b) Active or passive global positioning system technology, which 15
detects the location of the monitored individual and notifies the 16
monitoring agency of the monitored individual's location and which 17
may also include electronic monitoring with victim notification 18
technology that is capable of notifying a victim or protected party, 19
either directly or through a monitoring agency, if the monitored 20
individual enters within the restricted distance of a victim or 21
protected party, or within the restricted distance of a designated 22
location. 23
(25) "Escape" means: 24
(a) Sexually violent predator escape (RCW 9A.76.115), escape in 25
the first degree (RCW 9A.76.110), escape in the second degree (RCW 26
9A.76.120), willful failure to return from furlough (RCW 72.66.060), 27
willful failure to return from work release (RCW 72.65.070), or 28
willful failure to be available for supervision by the department 29
while in community custody (RCW 72.09.310); or 30
(b) Any federal or out-of-state conviction for an offense that 31
under the laws of this state would be a felony classified as an 32
escape under (a) of this subsection. 33
(26) "Felony traffic offense" means: 34
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 35
46.61.522), eluding a police officer (RCW 46.61.024), felony hit-and-36
run injury-accident (RCW 46.52.020(4)), felony driving while under 37
the influence of intoxicating liquor or any drug (RCW 46.61.502(6)), 38
or felony physical control of a vehicle while under the influence of 39
intoxicating liquor or any drug (RCW 46.61.504(6)); or40
p. 10 HB 1139
(b) Any federal or out-of-state conviction for an offense that 1
under the laws of this state would be a felony classified as a felony 2
traffic offense under (a) of this subsection. 3
(27) "Fine" means a specific sum of money ordered by the 4
sentencing court to be paid by the offender to the court over a 5
specific period of time. 6
(28) "First-time offender" means any person who has no prior 7
convictions for a felony and is eligible for the first-time offender 8
waiver under RCW 9.94A.650. 9
(29) "Home detention" is a subset of electronic monitoring and 10
means a program of partial confinement available to offenders wherein 11
the offender is confined in a private residence 24 hours a day, 12
unless an absence from the residence is approved, authorized, or 13
otherwise permitted in the order by the court or other supervising 14
agency that ordered home detention, and the offender is subject to 15
electronic monitoring. 16
(30) "Homelessness" or "homeless" means a condition where an 17
individual lacks a fixed, regular, and adequate nighttime residence 18
and who has a primary nighttime residence that is:19
(a) A supervised, publicly or privately operated shelter designed 20
to provide temporary living accommodations; 21
(b) A public or private place not designed for, or ordinarily 22
used as, a regular sleeping accommodation for human beings; or23
(c) A private residence where the individual stays as a transient 24
invitee. 25
(31) "Legal financial obligation" means a sum of money that is 26
ordered by a superior court of the state of Washington for legal 27
financial obligations which may include restitution to the victim, 28
statutorily imposed crime victims' compensation fees as assessed 29
pursuant to RCW 7.68.035, court costs, county or interlocal drug 30
funds, court-appointed attorneys' fees, and costs of defense, fines, 31
and any other financial obligation that is assessed to the offender 32
as a result of a felony conviction. Upon conviction for vehicular 33
assault while under the influence of intoxicating liquor or any drug, 34
RCW 46.61.522(1)(b), or vehicular homicide while under the influence 35
of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal 36
financial obligations may also include payment to a public agency of 37
the expense of an emergency response to the incident resulting in the 38
conviction, subject to RCW 38.52.430. 39
p. 11 HB 1139
(32) "Most serious offense" means any of the following felonies 1
or a felony attempt to commit any of the following felonies:2
(a) Any felony defined under any law as a class A felony or 3
criminal solicitation of or criminal conspiracy to commit a class A 4
felony; 5
(b) Assault in the second degree; 6
(c) Assault of a child in the second degree; 7
(d) Child molestation in the second degree; 8
(e) Controlled substance homicide; 9
(f) Extortion in the first degree; 10
(g) Incest when committed against a child under age 14;11
(h) Indecent liberties; 12
(i) Kidnapping in the second degree; 13
(j) Leading organized crime; 14
(k) Manslaughter in the first degree; 15
(l) Manslaughter in the second degree; 16
(m) Promoting prostitution in the first degree;17
(n) Rape in the third degree; 18
(o) Sexual exploitation; 19
(p) Vehicular assault, when caused by the operation or driving of 20
a vehicle by a person while under the influence of intoxicating 21
liquor or any drug or by the operation or driving of a vehicle in a 22
reckless manner; 23
(q) Vehicular homicide, when proximately caused by the driving of 24
any vehicle by any person while under the influence of intoxicating 25
liquor or any drug as defined by RCW 46.61.502, or by the operation 26
of any vehicle in a reckless manner; 27
(r) Any other class B felony offense with a finding of sexual 28
motivation; 29
(s) Any other felony with a deadly weapon verdict under RCW 30
9.94A.825; 31
(t) Any felony offense in effect at any time prior to December 2, 32
1993, that is comparable to a most serious offense under this 33
subsection, or any federal or out-of-state conviction for an offense 34
that under the laws of this state would be a felony classified as a 35
most serious offense under this subsection; 36
(u)(i) A prior conviction for indecent liberties under RCW 37
9A.44.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. 38
sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), 39
and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 40
p. 12 HB 1139
9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, 1
until July 1, 1988; 2
(ii) A prior conviction for indecent liberties under RCW 3
9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, 4
if: (A) The crime was committed against a child under the age of 14; 5
or (B) the relationship between the victim and perpetrator is 6
included in the definition of indecent liberties under RCW 7
9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 8
1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 9
1993, through July 27, 1997; 10
(v) Any out-of-state conviction for a felony offense with a 11
finding of sexual motivation if the minimum sentence imposed was 10 12
years or more; provided that the out-of-state felony offense must be 13
comparable to a felony offense under this title and Title 9A RCW and 14
the out-of-state definition of sexual motivation must be comparable 15
to the definition of sexual motivation contained in this section.16
(33) "Nonviolent offense" means an offense which is not a violent 17
offense. 18
(34) "Offender" means a person who has committed a felony 19
established by state law and is 18 years of age or older or is less 20
than 18 years of age but whose case is under superior court 21
jurisdiction under RCW 13.04.030 or has been transferred by the 22
appropriate juvenile court to a criminal court pursuant to RCW 23
13.40.110. In addition, for the purpose of community custody 24
requirements under this chapter, "offender" also means a misdemeanant 25
or gross misdemeanant probationer ordered by a superior court to 26
probation pursuant to RCW 9.92.060, 9.95.204, or 9.95.210 and 27
supervised by the department pursuant to RCW 9.94A.501 and 28
9.94A.5011. Throughout this chapter, the terms "offender" and 29
"defendant" are used interchangeably. 30
(35) "Partial confinement" means confinement for no more than one 31
year in a facility or institution operated or utilized under contract 32
by the state or any other unit of government, or, if home detention, 33
electronic monitoring, or work crew has been ordered by the court or 34
home detention has been ordered by the department as part of the 35
parenting program or the graduated reentry program, in an approved 36
residence, for a substantial portion of each day with the balance of 37
the day spent in the community. Partial confinement includes work 38
release, home detention, work crew, electronic monitoring, and a 39
combination of work crew, electronic monitoring, and home detention.40
p. 13 HB 1139
(36) "Pattern of criminal street gang activity" means:1
(a) The commission, attempt, conspiracy, or solicitation of, or 2
any prior juvenile adjudication of or adult conviction of, two or 3
more of the following criminal street gang-related offenses:4
(i) Any "serious violent" felony offense as defined in this 5
section, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of a 6
Child 1 (RCW 9A.36.120); 7
(ii) Any "violent" offense as defined by this section, excluding 8
Assault of a Child 2 (RCW 9A.36.130); 9
(iii) Deliver or Possession with Intent to Deliver a Controlled 10
Substance (chapter 69.50 RCW); 11
(iv) Any violation of the firearms and dangerous weapon act 12
(chapter 9.41 RCW); 13
(v) Theft of a Firearm (RCW 9A.56.300); 14
(vi) Possession of a Stolen Firearm (RCW 9A.56.310);15
(vii) Hate Crime (RCW 9A.36.080); 16
(viii) Harassment where a subsequent violation or deadly threat 17
is made (RCW 9A.46.020(2)(b)); 18
(ix) Criminal Gang Intimidation (RCW 9A.46.120);19
(x) Any felony conviction by a person 18 years of age or older 20
with a special finding of involving a juvenile in a felony offense 21
under RCW 9.94A.833; 22
(xi) Residential Burglary (RCW 9A.52.025); 23
(xii) Burglary 2 (RCW 9A.52.030); 24
(xiii) Malicious Mischief 1 (RCW 9A.48.070); 25
(xiv) Malicious Mischief 2 (RCW 9A.48.080); 26
(xv) Theft of a Motor Vehicle (RCW 9A.56.065);27
(xvi) Possession of a Stolen Motor Vehicle (RCW 9A.56.068);28
(xvii) Taking a Motor Vehicle Without Permission 1 (RCW 29
9A.56.070); 30
(xviii) Taking a Motor Vehicle Without Permission 2 (RCW 31
9A.56.075); 32
(xix) Extortion 1 (RCW 9A.56.120); 33
(xx) Extortion 2 (RCW 9A.56.130); 34
(xxi) Intimidating a Witness (RCW 9A.72.110); 35
(xxii) Tampering with a Witness (RCW 9A.72.120);36
(xxiii) Reckless Endangerment (RCW 9A.36.050);37
(xxiv) Coercion (RCW 9A.36.070); 38
(xxv) Harassment (RCW 9A.46.020); or 39
(xxvi) Malicious Mischief 3 (RCW 9A.48.090); 40
p. 14 HB 1139
(b) That at least one of the offenses listed in (a) of this 1
subsection shall have occurred after July 1, 2008; 2
(c) That the most recent committed offense listed in (a) of this 3
subsection occurred within three years of a prior offense listed in 4
(a) of this subsection; and 5
(d) Of the offenses that were committed in (a) of this 6
subsection, the offenses occurred on separate occasions or were 7
committed by two or more persons. 8
(37) "Persistent offender" is an offender who: 9
(a)(i) Has been convicted in this state of any felony considered 10
a most serious offense; and 11
(ii) Has, before the commission of the offense under (a) of this 12
subsection, been convicted as an offender on at least two separate 13
occasions, whether in this state or elsewhere, of felonies that under 14
the laws of this state would be considered most serious offenses and 15
would be included in the offender score under RCW 9.94A.525; provided 16
that of the two or more previous convictions, at least one conviction 17
must have occurred before the commission of any of the other most 18
serious offenses for which the offender was previously convicted; or19
(b)(i) Has been convicted of: (A) Rape in the first degree, rape 20
of a child in the first degree, child molestation in the first 21
degree, rape in the second degree, rape of a child in the second 22
degree, or indecent liberties by forcible compulsion; (B) any of the 23
following offenses with a finding of sexual motivation: Murder in the 24
first degree, murder in the second degree, homicide by abuse, 25
kidnapping in the first degree, kidnapping in the second degree, 26
assault in the first degree, assault in the second degree, assault of 27
a child in the first degree, assault of a child in the second degree, 28
or burglary in the first degree; or (C) an attempt to commit any 29
crime listed in this subsection (37)(b)(i); and 30
(ii) Has, before the commission of the offense under (b)(i) of 31
this subsection, been convicted as an offender on at least one 32
occasion, whether in this state or elsewhere, of an offense listed in 33
(b)(i) of this subsection or any federal or out-of-state offense or 34
offense under prior Washington law that is comparable to the offenses 35
listed in (b)(i) of this subsection. A conviction for rape of a child 36
in the first degree constitutes a conviction under (b)(i) of this 37
subsection only when the offender was 16 years of age or older when 38
the offender committed the offense. A conviction for rape of a child 39
in the second degree constitutes a conviction under (b)(i) of this 40
p. 15 HB 1139
subsection only when the offender was 18 years of age or older when 1
the offender committed the offense. 2
(38) "Predatory" means: (a) The perpetrator of the crime was a 3
stranger to the victim, as defined in this section; (b) the 4
perpetrator established or promoted a relationship with the victim 5
prior to the offense and the victimization of the victim was a 6
significant reason the perpetrator established or promoted the 7
relationship; or (c) the perpetrator was: (i) A teacher, counselor, 8
volunteer, or other person in authority in any public or private 9
school and the victim was a student of the school under his or her 10
authority or supervision. For purposes of this subsection, "school" 11
does not include home-based instruction as defined in RCW 12
28A.225.010; (ii) a coach, trainer, volunteer, or other person in 13
authority in any recreational activity and the victim was a 14
participant in the activity under his or her authority or 15
supervision; (iii) a pastor, elder, volunteer, or other person in 16
authority in any church or religious organization, and the victim was 17
a member or participant of the organization under his or her 18
authority; or (iv) a teacher, counselor, volunteer, or other person 19
in authority providing home-based instruction and the victim was a 20
student receiving home-based instruction while under his or her 21
authority or supervision. For purposes of this subsection: (A) "Home-22
based instruction" has the same meaning as defined in RCW 23
28A.225.010; and (B) "teacher, counselor, volunteer, or other person 24
in authority" does not include the parent or legal guardian of the 25
victim. 26
(39) "Private school" means a school regulated under chapter 27
28A.195 or 28A.205 RCW. 28
(40) "Public school" has the same meaning as in RCW 28A.150.010.29
(41) "Recidivist offense" means a felony offense where a prior 30
conviction of the same offense or other specified offense is an 31
element of the crime including, but not limited to:32
(a) Assault in the fourth degree where domestic violence is 33
pleaded and proven, RCW 9A.36.041(3); 34
(b) Cyber harassment, RCW 9A.90.120(2)(b)(i); 35
(c) Harassment, RCW 9A.46.020(2)(b)(i); 36
(d) Indecent exposure, RCW 9A.88.010(2)(c); 37
(e) Stalking, RCW 9A.46.110(5)(b) (i) and (iii);38
(f) Telephone harassment, RCW 9.61.230(2)(a); and39
p. 16 HB 1139
(g) Violation of a no-contact or protection order, RCW 7.105.450 1
or former RCW 26.50.110(5). 2
(42) "Repetitive domestic violence offense" means any:3
(a)(i) Domestic violence assault that is not a felony offense 4
under RCW 9A.36.041; 5
(ii) Domestic violence violation of a no-contact order under 6
chapter 10.99 RCW that is not a felony offense; 7
(iii) Domestic violence violation of a protection order under 8
chapter 26.09, 26.26A, or 26.26B RCW or former chapter 26.50 RCW, or 9
violation of a domestic violence protection order under chapter 7.105 10
RCW, that is not a felony offense; 11
(iv) Domestic violence harassment offense under RCW 9A.46.020 12
that is not a felony offense; or 13
(v) Domestic violence stalking offense under RCW 9A.46.110 that 14
is not a felony offense; or 15
(b) Any federal, out-of-state, tribal court, military, county, or 16
municipal conviction for an offense that under the laws of this state 17
would be classified as a repetitive domestic violence offense under 18
(a) of this subsection. 19
(43) "Restitution" means a specific sum of money ordered by the 20
sentencing court to be paid by the offender to the court over a 21
specified period of time as payment of damages. The sum may include 22
both public and private costs. 23
(44) "Risk assessment" means the application of the risk 24
instrument recommended to the department by the Washington state 25
institute for public policy as having the highest degree of 26
predictive accuracy for assessing an offender's risk of reoffense.27
(45) "Serious traffic offense" means: 28
(a) Nonfelony driving while under the influence of intoxicating 29
liquor or any drug (RCW 46.61.502), nonfelony actual physical control 30
while under the influence of intoxicating liquor or any drug (RCW 31
46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an 32
attended vehicle (RCW 46.52.020(5)); or 33
(b) Any federal, out-of-state, county, or municipal conviction 34
for an offense that under the laws of this state would be classified 35
as a serious traffic offense under (a) of this subsection.36
(46) "Serious violent offense" is a subcategory of violent 37
offense and means: 38
(a)(i) Murder in the first degree; 39
(ii) Homicide by abuse; 40
p. 17 HB 1139
(iii) Murder in the second degree; 1
(iv) Manslaughter in the first degree; 2
(v) Assault in the first degree; 3
(vi) Kidnapping in the first degree; 4
(vii) Rape in the first degree; 5
(viii) Assault of a child in the first degree; or6
(ix) An attempt, criminal solicitation, or criminal conspiracy to 7
commit one of these felonies; or 8
(b) Any federal or out-of-state conviction for an offense that 9
under the laws of this state would be a felony classified as a 10
serious violent offense under (a) of this subsection.11
(47) "Sex offense" means: 12
(a)(i) A felony that is a violation of chapter 9A.44 RCW other 13
than RCW 9A.44.132; 14
(ii) A violation of RCW 9A.64.020; 15
(iii) A felony that is a violation of chapter 9.68A RCW other 16
than RCW 9.68A.080; 17
(iv) A felony that is, under chapter 9A.28 RCW, a criminal 18
attempt, criminal solicitation, or criminal conspiracy to commit such 19
crimes; or 20
(v) A felony violation of RCW 9A.44.132(1) (failure to register 21
as a sex offender) if the person has been convicted of violating RCW 22
9A.44.132(1) (failure to register as a sex offender) or 9A.44.130 23
prior to June 10, 2010, on at least one prior occasion;24
(b) Any conviction for a felony offense in effect at any time 25
prior to July 1, 1976, that is comparable to a felony classified as a 26
sex offense in (a) of this subsection; 27
(c) A felony with a finding of sexual motivation under RCW 28
9.94A.835 or 13.40.135; or 29
(d) Any federal or out-of-state conviction for an offense that 30
under the laws of this state would be a felony classified as a sex 31
offense under (a) of this subsection. 32
(48) "Sexual motivation" means that one of the purposes for which 33
the defendant committed the crime was for the purpose of his or her 34
sexual gratification. 35
(49) "Standard sentence range" means the sentencing court's 36
discretionary range in imposing a nonappealable sentence.37
(50) "Statutory maximum sentence" means the maximum length of 38
time for which an offender may be confined as punishment for a crime 39
as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute 40
p. 18 HB 1139
defining the crime, or other statute defining the maximum penalty for 1
a crime. 2
(51) "Stranger" means that the victim did not know the offender 3
24 hours before the offense. 4
(52) "Total confinement" means confinement inside the physical 5
boundaries of a facility or institution operated or utilized under 6
contract by the state or any other unit of government for 24 hours a 7
day, or pursuant to RCW 72.64.050 and 72.64.060. 8
(53) "Transition training" means written and verbal instructions 9
and assistance provided by the department to the offender during the 10
two weeks prior to the offender's successful completion of the work 11
ethic camp program. The transition training shall include 12
instructions in the offender's requirements and obligations during 13
the offender's period of community custody. 14
(54) "Victim" means any person who has sustained emotional, 15
psychological, physical, or financial injury to person or property as 16
a direct result of the crime charged. 17
(55) "Victim of domestic violence" means an intimate partner or 18
household member who has been subjected to the infliction of physical 19
harm or sexual and psychological abuse by an intimate partner or 20
household member as part of a pattern of assaultive, coercive, and 21
controlling behaviors directed at achieving compliance from or 22
control over that intimate partner or household member. Domestic 23
violence includes, but is not limited to, the offenses listed in RCW 24
10.99.020 and 26.50.010 committed by an intimate partner or household 25
member against a victim who is an intimate partner or household 26
member. 27
(56) "Victim of sex trafficking, prostitution, or commercial 28
sexual abuse of a minor" means a person who has been forced or 29
coerced to perform a commercial sex act including, but not limited 30
to, being a victim of offenses defined in RCW 9A.40.100, 9A.88.070, 31
9.68A.101, and the trafficking victims protection act of 2000, 22 32
U.S.C. Sec. 7101 et seq.; or a person who was induced to perform a 33
commercial sex act when they were less than 18 years of age including 34
but not limited to the offenses defined in chapter 9.68A RCW.35
(57) "Victim of sexual assault" means any person who is a victim 36
of a sexual assault offense, nonconsensual sexual conduct, or 37
nonconsensual sexual penetration and as a result suffers physical, 38
emotional, financial, or psychological impacts. Sexual assault 39
p. 19 HB 1139
offenses include, but are not limited to, the offenses defined in 1
chapter 9A.44 RCW. 2
(58) "Violent offense" means: 3
(a) Any of the following felonies: 4
(i) Any felony defined under any law as a class A felony or an 5
attempt to commit a class A felony; 6
(ii) Criminal solicitation of or criminal conspiracy to commit a 7
class A felony; 8
(iii) Manslaughter in the first degree; 9
(iv) Manslaughter in the second degree; 10
(v) Indecent liberties if committed by forcible compulsion;11
(vi) Kidnapping in the second degree; 12
(vii) Arson in the second degree; 13
(viii) Assault in the second degree; 14
(ix) Assault of a child in the second degree; 15
(x) Extortion in the first degree; 16
(xi) Robbery in the second degree; 17
(xii) Drive-by shooting; 18
(xiii) Vehicular assault, when caused by the operation or driving 19
of a vehicle by a person while under the influence of intoxicating 20
liquor or any drug or by the operation or driving of a vehicle in a 21
reckless manner; ((and))22
(xiv) Vehicular homicide, when proximately caused by the driving 23
of any vehicle by any person while under the influence of 24
intoxicating liquor or any drug as defined by RCW 46.61.502, or by 25
the operation of any vehicle in a reckless manner; and26
(xv) Unlawful possession of a firearm in the first degree;27
(b) Any conviction for a felony offense in effect at any time 28
prior to July 1, 1976, that is comparable to a felony classified as a 29
violent offense in (a) of this subsection; and 30
(c) Any federal or out-of-state conviction for an offense that 31
under the laws of this state would be a felony classified as a 32
violent offense under (a) or (b) of this subsection.33
(59) "Work crew" means a program of partial confinement 34
consisting of civic improvement tasks for the benefit of the 35
community that complies with RCW 9.94A.725. 36
(60) "Work ethic camp" means an alternative incarceration program 37
as provided in RCW 9.94A.690 designed to reduce recidivism and lower 38
the cost of corrections by requiring offenders to complete a 39
comprehensive array of real-world job and vocational experiences, 40
p. 20 HB 1139
character-building work ethics training, life management skills 1
development, substance abuse rehabilitation, counseling, literacy 2
training, and basic adult education. 3
(61) "Work release" means a program of partial confinement 4
available to offenders who are employed or engaged as a student in a 5
regular course of study at school. 6
Sec. 4. RCW 9.94A.030 and 2024 c 306 s 2 are each amended to 7
read as follows: 8
Unless the context clearly requires otherwise, the definitions in 9
this section apply throughout this chapter. 10
(1) "Board" means the indeterminate sentence review board created 11
under chapter 9.95 RCW. 12
(2) "Collect," or any derivative thereof, "collect and remit," or 13
"collect and deliver," when used with reference to the department, 14
means that the department, either directly or through a collection 15
agreement authorized by RCW 9.94A.760, is responsible for monitoring 16
and enforcing the offender's sentence with regard to the legal 17
financial obligation, receiving payment thereof from the offender, 18
and, consistent with current law, delivering daily the entire payment 19
to the superior court clerk without depositing it in a departmental 20
account. 21
(3) "Commission" means the sentencing guidelines commission.22
(4) "Community corrections officer" means an employee of the 23
department who is responsible for carrying out specific duties in 24
supervision of sentenced offenders and monitoring of sentence 25
conditions. 26
(5) "Community custody" means that portion of an offender's 27
sentence of confinement in lieu of earned release time or imposed as 28
part of a sentence under this chapter and served in the community 29
subject to controls placed on the offender's movement and activities 30
by the department. 31
(6) "Community protection zone" means the area within 880 feet of 32
the facilities and grounds of a public or private school.33
(7) "Community restitution" means compulsory service, without 34
compensation, performed for the benefit of the community by the 35
offender. 36
(8) "Confinement" means total or partial confinement.37
p. 21 HB 1139
(9) "Conviction" means an adjudication of guilt pursuant to Title 1
10 or 13 RCW and includes a verdict of guilty, a finding of guilty, 2
and acceptance of a plea of guilty. 3
(10) "Crime-related prohibition" means an order of a court 4
prohibiting conduct that directly relates to the circumstances of the 5
crime for which the offender has been convicted, and shall not be 6
construed to mean orders directing an offender affirmatively to 7
participate in rehabilitative programs or to otherwise perform 8
affirmative conduct. However, affirmative acts necessary to monitor 9
compliance with the order of a court may be required by the 10
department. 11
(11) "Criminal history" means the list of a defendant's prior 12
convictions and juvenile adjudications, whether in this state, in 13
federal court, or elsewhere, and any issued certificates of 14
restoration of opportunity pursuant to RCW 9.97.020.15
(a) The history shall include, where known, for each conviction 16
(i) whether the defendant has been placed on probation and the length 17
and terms thereof; and (ii) whether the defendant has been 18
incarcerated and the length of incarceration. 19
(b) A conviction may be removed from a defendant's criminal 20
history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 21
9.95.240, or a similar out-of-state statute, or if the conviction has 22
been vacated pursuant to a governor's pardon. However, when a 23
defendant is charged with a recidivist offense, "criminal history" 24
includes a vacated prior conviction for the sole purpose of 25
establishing that such vacated prior conviction constitutes an 26
element of the present recidivist offense as provided in RCW 27
9.94A.640(4)(b) and 9.96.060(((7))) (8)(c). 28
(c) The determination of a defendant's criminal history is 29
distinct from the determination of an offender score. A prior 30
conviction that was not included in an offender score calculated 31
pursuant to a former version of the sentencing reform act remains 32
part of the defendant's criminal history. 33
(12) "Criminal street gang" means any ongoing organization, 34
association, or group of three or more persons, whether formal or 35
informal, having a common name or common identifying sign or symbol, 36
having as one of its primary activities the commission of criminal 37
acts, and whose members or associates individually or collectively 38
engage in or have engaged in a pattern of criminal street gang 39
activity. This definition does not apply to employees engaged in 40
p. 22 HB 1139
concerted activities for their mutual aid and protection, or to the 1
activities of labor and bona fide nonprofit organizations or their 2
members or agents. 3
(13) "Criminal street gang associate or member" means any person 4
who actively participates in any criminal street gang and who 5
intentionally promotes, furthers, or assists in any criminal act by 6
the criminal street gang. 7
(14) "Criminal street gang-related offense" means any felony or 8
misdemeanor offense, whether in this state or elsewhere, that is 9
committed for the benefit of, at the direction of, or in association 10
with any criminal street gang, or is committed with the intent to 11
promote, further, or assist in any criminal conduct by the gang, or 12
is committed for one or more of the following reasons:13
(a) To gain admission, prestige, or promotion within the gang;14
(b) To increase or maintain the gang's size, membership, 15
prestige, dominance, or control in any geographical area;16
(c) To exact revenge or retribution for the gang or any member of 17
the gang; 18
(d) To obstruct justice, or intimidate or eliminate any witness 19
against the gang or any member of the gang; 20
(e) To directly or indirectly cause any benefit, aggrandizement, 21
gain, profit, or other advantage for the gang, its reputation, 22
influence, or membership; or 23
(f) To provide the gang with any advantage in, or any control or 24
dominance over any criminal market sector, including, but not limited 25
to, manufacturing, delivering, or selling any controlled substance 26
(chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen 27
property ( chapter 9A.82 RCW); promoting prostitution ( chapter 9A.88 28
RCW); human trafficking (RCW 9A.40.100); promoting commercial sexual 29
abuse of a minor (RCW 9.68A.101); or promoting pornography ( chapter 30
9.68 RCW). 31
(15) "Day fine" means a fine imposed by the sentencing court that 32
equals the difference between the offender's net daily income and the 33
reasonable obligations that the offender has for the support of the 34
offender and any dependents. 35
(16) "Day reporting" means a program of enhanced supervision 36
designed to monitor the offender's daily activities and compliance 37
with sentence conditions, and in which the offender is required to 38
report daily to a specific location designated by the department or 39
the sentencing court. 40
p. 23 HB 1139
(17) "Department" means the department of corrections.1
(18) "Determinate sentence" means a sentence that states with 2
exactitude the number of actual years, months, or days of total 3
confinement, of partial confinement, of community custody, the number 4
of actual hours or days of community restitution work, or dollars or 5
terms of a legal financial obligation. The fact that an offender 6
through earned release can reduce the actual period of confinement 7
shall not affect the classification of the sentence as a determinate 8
sentence. 9
(19) "Disposable earnings" means that part of the earnings of an 10
offender remaining after the deduction from those earnings of any 11
amount required by law to be withheld. For the purposes of this 12
definition, "earnings" means compensation paid or payable for 13
personal services, whether denominated as wages, salary, commission, 14
bonuses, or otherwise, and, notwithstanding any other provision of 15
law making the payments exempt from garnishment, attachment, or other 16
process to satisfy a court-ordered legal financial obligation, 17
specifically includes periodic payments pursuant to pension or 18
retirement programs, or insurance policies of any type, but does not 19
include payments made under Title 50 RCW, except as provided in RCW 20
50.40.020 and 50.40.050, or Title 74 RCW. 21
(20)(a) "Domestic violence" has the same meaning as defined in 22
RCW 10.99.020. 23
(b) "Domestic violence" also means: (i) Physical harm, bodily 24
injury, assault, or the infliction of fear of imminent physical harm, 25
bodily injury, or assault, sexual assault, or stalking, as defined in 26
RCW 9A.46.110, of one intimate partner by another intimate partner as 27
defined in RCW 10.99.020; or (ii) physical harm, bodily injury, 28
assault, or the infliction of fear of imminent physical harm, bodily 29
injury, or assault, sexual assault, or stalking, as defined in RCW 30
9A.46.110, of one family or household member by another family or 31
household member as defined in RCW 10.99.020. 32
(21) "Drug offender sentencing alternative" is a sentencing 33
option available to persons convicted of a felony offense who are 34
eligible for the option under RCW 9.94A.660. 35
(22) "Drug offender sentencing alternative for driving under the 36
influence" is a sentencing option available to persons convicted of 37
felony driving while under the influence of intoxicating liquor or 38
any drug under RCW 46.61.502(6), or felony physical control of a 39
p. 24 HB 1139
vehicle while under the influence of intoxicating liquor or any drug 1
under RCW 46.61.504(6) who are eligible under RCW 9.94A.661.2
(23) "Drug offense" means: 3
(a) Any felony violation of chapter 69.50 RCW except possession 4
of a controlled substance (RCW 69.50.4013) or forged prescription for 5
a controlled substance (RCW 69.50.403); 6
(b) Any offense defined as a felony under federal law that 7
relates to the possession, manufacture, distribution, or 8
transportation of a controlled substance; or 9
(c) Any out-of-state conviction for an offense that under the 10
laws of this state would be a felony classified as a drug offense 11
under (a) of this subsection. 12
(24) "Earned release" means earned release from confinement as 13
provided in RCW 9.94A.728. 14
(25) "Electronic monitoring" means tracking the location of an 15
individual through the use of technology that is capable of 16
determining or identifying the monitored individual's presence or 17
absence at a particular location including, but not limited to:18
(a) Radio frequency signaling technology, which detects if the 19
monitored individual is or is not at an approved location and 20
notifies the monitoring agency of the time that the monitored 21
individual either leaves the approved location or tampers with or 22
removes the monitoring device; or 23
(b) Active or passive global positioning system technology, which 24
detects the location of the monitored individual and notifies the 25
monitoring agency of the monitored individual's location and which 26
may also include electronic monitoring with victim notification 27
technology that is capable of notifying a victim or protected party, 28
either directly or through a monitoring agency, if the monitored 29
individual enters within the restricted distance of a victim or 30
protected party, or within the restricted distance of a designated 31
location. 32
(26) "Escape" means: 33
(a) Sexually violent predator escape (RCW 9A.76.115), escape in 34
the first degree (RCW 9A.76.110), escape in the second degree (RCW 35
9A.76.120), willful failure to return from furlough (RCW 72.66.060), 36
willful failure to return from work release (RCW 72.65.070), or 37
willful failure to be available for supervision by the department 38
while in community custody (RCW 72.09.310); or 39
p. 25 HB 1139
(b) Any federal or out-of-state conviction for an offense that 1
under the laws of this state would be a felony classified as an 2
escape under (a) of this subsection. 3
(27) "Felony traffic offense" means: 4
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 5
46.61.522), eluding a police officer (RCW 46.61.024), felony hit-and-6
run injury-accident (RCW 46.52.020(4)), felony driving while under 7
the influence of intoxicating liquor or any drug (RCW 46.61.502(6)), 8
or felony physical control of a vehicle while under the influence of 9
intoxicating liquor or any drug (RCW 46.61.504(6)); or10
(b) Any federal or out-of-state conviction for an offense that 11
under the laws of this state would be a felony classified as a felony 12
traffic offense under (a) of this subsection. 13
(28) "Fine" means a specific sum of money ordered by the 14
sentencing court to be paid by the offender to the court over a 15
specific period of time. 16
(29) "First-time offender" means any person who has no prior 17
convictions for a felony and is eligible for the first-time offender 18
waiver under RCW 9.94A.650. 19
(30) "Home detention" is a subset of electronic monitoring and 20
means a program of partial confinement available to offenders wherein 21
the offender is confined in a private residence 24 hours a day, 22
unless an absence from the residence is approved, authorized, or 23
otherwise permitted in the order by the court or other supervising 24
agency that ordered home detention, and the offender is subject to 25
electronic monitoring. 26
(31) "Homelessness" or "homeless" means a condition where an 27
individual lacks a fixed, regular, and adequate nighttime residence 28
and who has a primary nighttime residence that is:29
(a) A supervised, publicly or privately operated shelter designed 30
to provide temporary living accommodations; 31
(b) A public or private place not designed for, or ordinarily 32
used as, a regular sleeping accommodation for human beings; or33
(c) A private residence where the individual stays as a transient 34
invitee. 35
(32) "Legal financial obligation" means a sum of money that is 36
ordered by a superior court of the state of Washington for legal 37
financial obligations which may include restitution to the victim, 38
statutorily imposed crime victims' compensation fees as assessed 39
pursuant to RCW 7.68.035, court costs, county or interlocal drug 40
p. 26 HB 1139
funds, court-appointed attorneys' fees, and costs of defense, fines, 1
and any other financial obligation that is assessed to the offender 2
as a result of a felony conviction. Upon conviction for vehicular 3
assault while under the influence of intoxicating liquor or any drug, 4
RCW 46.61.522(1)(b), or vehicular homicide while under the influence 5
of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal 6
financial obligations may also include payment to a public agency of 7
the expense of an emergency response to the incident resulting in the 8
conviction, subject to RCW 38.52.430. 9
(33) "Most serious offense" means any of the following felonies 10
or a felony attempt to commit any of the following felonies:11
(a) Any felony defined under any law as a class A felony or 12
criminal solicitation of or criminal conspiracy to commit a class A 13
felony; 14
(b) Assault in the second degree; 15
(c) Assault of a child in the second degree; 16
(d) Child molestation in the second degree; 17
(e) Controlled substance homicide; 18
(f) Extortion in the first degree; 19
(g) Incest when committed against a child under age 14;20
(h) Indecent liberties; 21
(i) Kidnapping in the second degree; 22
(j) Leading organized crime; 23
(k) Manslaughter in the first degree; 24
(l) Manslaughter in the second degree; 25
(m) Promoting prostitution in the first degree;26
(n) Rape in the third degree; 27
(o) Sexual exploitation; 28
(p) Vehicular assault, when caused by the operation or driving of 29
a vehicle by a person while under the influence of intoxicating 30
liquor or any drug or by the operation or driving of a vehicle in a 31
reckless manner; 32
(q) Vehicular homicide, when proximately caused by the driving of 33
any vehicle by any person while under the influence of intoxicating 34
liquor or any drug as defined by RCW 46.61.502, or by the operation 35
of any vehicle in a reckless manner; 36
(r) Any other class B felony offense with a finding of sexual 37
motivation; 38
(s) Any other felony with a deadly weapon verdict under RCW 39
9.94A.825; 40
p. 27 HB 1139
(t) Any felony offense in effect at any time prior to December 2, 1
1993, that is comparable to a most serious offense under this 2
subsection, or any federal or out-of-state conviction for an offense 3
that under the laws of this state would be a felony classified as a 4
most serious offense under this subsection; 5
(u)(i) A prior conviction for indecent liberties under RCW 6
9A.44.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. 7
sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), 8
and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9
9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, 10
until July 1, 1988; 11
(ii) A prior conviction for indecent liberties under RCW 12
9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, 13
if: (A) The crime was committed against a child under the age of 14; 14
or (B) the relationship between the victim and perpetrator is 15
included in the definition of indecent liberties under RCW 16
9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 17
1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 18
1993, through July 27, 1997; 19
(v) Any out-of-state conviction for a felony offense with a 20
finding of sexual motivation if the minimum sentence imposed was 10 21
years or more; provided that the out-of-state felony offense must be 22
comparable to a felony offense under this title and Title 9A RCW and 23
the out-of-state definition of sexual motivation must be comparable 24
to the definition of sexual motivation contained in this section.25
(34) "Nonviolent offense" means an offense which is not a violent 26
offense. 27
(35) "Offender" means a person who has committed a felony 28
established by state law and is 18 years of age or older or is less 29
than 18 years of age but whose case is under superior court 30
jurisdiction under RCW 13.04.030 or has been transferred by the 31
appropriate juvenile court to a criminal court pursuant to RCW 32
13.40.110. In addition, for the purpose of community custody 33
requirements under this chapter, "offender" also means a misdemeanant 34
or gross misdemeanant probationer ordered by a superior court to 35
probation pursuant to RCW 9.92.060, 9.95.204, or 9.95.210 and 36
supervised by the department pursuant to RCW 9.94A.501 and 37
9.94A.5011. Throughout this chapter, the terms "offender" and 38
"defendant" are used interchangeably. 39
p. 28 HB 1139
(36) "Partial confinement" means confinement for no more than one 1
year in a facility or institution operated or utilized under contract 2
by the state or any other unit of government, or, if home detention, 3
electronic monitoring, or work crew has been ordered by the court or 4
home detention has been ordered by the department as part of the 5
parenting program or the graduated reentry program, in an approved 6
residence, for a substantial portion of each day with the balance of 7
the day spent in the community. Partial confinement includes work 8
release, home detention, work crew, electronic monitoring, and a 9
combination of work crew, electronic monitoring, and home detention.10
(37) "Pattern of criminal street gang activity" means:11
(a) The commission, attempt, conspiracy, or solicitation of, or 12
any prior juvenile adjudication of or adult conviction of, two or 13
more of the following criminal street gang-related offenses:14
(i) Any "serious violent" felony offense as defined in this 15
section, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of a 16
Child 1 (RCW 9A.36.120); 17
(ii) Any "violent" offense as defined by this section, excluding 18
Assault of a Child 2 (RCW 9A.36.130); 19
(iii) Deliver or Possession with Intent to Deliver a Controlled 20
Substance (chapter 69.50 RCW); 21
(iv) Any violation of the firearms and dangerous weapon act 22
(chapter 9.41 RCW); 23
(v) Theft of a Firearm (RCW 9A.56.300); 24
(vi) Possession of a Stolen Firearm (RCW 9A.56.310);25
(vii) Hate Crime (RCW 9A.36.080); 26
(viii) Harassment where a subsequent violation or deadly threat 27
is made (RCW 9A.46.020(2)(b)); 28
(ix) Criminal Gang Intimidation (RCW 9A.46.120);29
(x) Any felony conviction by a person 18 years of age or older 30
with a special finding of involving a juvenile in a felony offense 31
under RCW 9.94A.833; 32
(xi) Residential Burglary (RCW 9A.52.025); 33
(xii) Burglary 2 (RCW 9A.52.030); 34
(xiii) Malicious Mischief 1 (RCW 9A.48.070); 35
(xiv) Malicious Mischief 2 (RCW 9A.48.080); 36
(xv) Theft of a Motor Vehicle (RCW 9A.56.065);37
(xvi) Possession of a Stolen Motor Vehicle (RCW 9A.56.068);38
(xvii) Taking a Motor Vehicle Without Permission 1 (RCW 39
9A.56.070); 40
p. 29 HB 1139
(xviii) Taking a Motor Vehicle Without Permission 2 (RCW 1
9A.56.075); 2
(xix) Extortion 1 (RCW 9A.56.120); 3
(xx) Extortion 2 (RCW 9A.56.130); 4
(xxi) Intimidating a Witness (RCW 9A.72.110); 5
(xxii) Tampering with a Witness (RCW 9A.72.120);6
(xxiii) Reckless Endangerment (RCW 9A.36.050); 7
(xxiv) Coercion (RCW 9A.36.070); 8
(xxv) Harassment (RCW 9A.46.020); or 9
(xxvi) Malicious Mischief 3 (RCW 9A.48.090); 10
(b) That at least one of the offenses listed in (a) of this 11
subsection shall have occurred after July 1, 2008;12
(c) That the most recent committed offense listed in (a) of this 13
subsection occurred within three years of a prior offense listed in 14
(a) of this subsection; and 15
(d) Of the offenses that were committed in (a) of this 16
subsection, the offenses occurred on separate occasions or were 17
committed by two or more persons. 18
(38) "Persistent offender" is an offender who:19
(a)(i) Has been convicted in this state of any felony considered 20
a most serious offense; and 21
(ii) Has, before the commission of the offense under (a) of this 22
subsection, been convicted as an offender on at least two separate 23
occasions, whether in this state or elsewhere, of felonies that under 24
the laws of this state would be considered most serious offenses and 25
would be included in the offender score under RCW 9.94A.525; provided 26
that of the two or more previous convictions, at least one conviction 27
must have occurred before the commission of any of the other most 28
serious offenses for which the offender was previously convicted; or29
(b)(i) Has been convicted of: (A) Rape in the first degree, rape 30
of a child in the first degree, child molestation in the first 31
degree, rape in the second degree, rape of a child in the second 32
degree, or indecent liberties by forcible compulsion; (B) any of the 33
following offenses with a finding of sexual motivation: Murder in the 34
first degree, murder in the second degree, homicide by abuse, 35
kidnapping in the first degree, kidnapping in the second degree, 36
assault in the first degree, assault in the second degree, assault of 37
a child in the first degree, assault of a child in the second degree, 38
or burglary in the first degree; or (C) an attempt to commit any 39
crime listed in this subsection (38)(b)(i); and 40
p. 30 HB 1139
(ii) Has, before the commission of the offense under (b)(i) of 1
this subsection, been convicted as an offender on at least one 2
occasion, whether in this state or elsewhere, of an offense listed in 3
(b)(i) of this subsection or any federal or out-of-state offense or 4
offense under prior Washington law that is comparable to the offenses 5
listed in (b)(i) of this subsection. A conviction for rape of a child 6
in the first degree constitutes a conviction under (b)(i) of this 7
subsection only when the offender was 16 years of age or older when 8
the offender committed the offense. A conviction for rape of a child 9
in the second degree constitutes a conviction under (b)(i) of this 10
subsection only when the offender was 18 years of age or older when 11
the offender committed the offense. 12
(39) "Predatory" means: (a) The perpetrator of the crime was a 13
stranger to the victim, as defined in this section; (b) the 14
perpetrator established or promoted a relationship with the victim 15
prior to the offense and the victimization of the victim was a 16
significant reason the perpetrator established or promoted the 17
relationship; or (c) the perpetrator was: (i) A teacher, counselor, 18
volunteer, or other person in authority in any public or private 19
school and the victim was a student of the school under his or her 20
authority or supervision. For purposes of this subsection, "school" 21
does not include home-based instruction as defined in RCW 22
28A.225.010; (ii) a coach, trainer, volunteer, or other person in 23
authority in any recreational activity and the victim was a 24
participant in the activity under his or her authority or 25
supervision; (iii) a pastor, elder, volunteer, or other person in 26
authority in any church or religious organization, and the victim was 27
a member or participant of the organization under his or her 28
authority; or (iv) a teacher, counselor, volunteer, or other person 29
in authority providing home-based instruction and the victim was a 30
student receiving home-based instruction while under his or her 31
authority or supervision. For purposes of this subsection: (A) "Home-32
based instruction" has the same meaning as defined in RCW 33
28A.225.010; and (B) "teacher, counselor, volunteer, or other person 34
in authority" does not include the parent or legal guardian of the 35
victim. 36
(40) "Private school" means a school regulated under chapter 37
28A.195 or 28A.205 RCW. 38
(41) "Public school" has the same meaning as in RCW 28A.150.010.39
p. 31 HB 1139
(42) "Recidivist offense" means a felony offense where a prior 1
conviction of the same offense or other specified offense is an 2
element of the crime including, but not limited to:3
(a) Assault in the fourth degree where domestic violence is 4
pleaded and proven, RCW 9A.36.041(3); 5
(b) Cyber harassment, RCW 9A.90.120(2)(b)(i); 6
(c) Harassment, RCW 9A.46.020(2)(b)(i); 7
(d) Indecent exposure, RCW 9A.88.010(2)(c); 8
(e) Stalking, RCW 9A.46.110(5)(b) (i) and (iii);9
(f) Telephone harassment, RCW 9.61.230(2)(a); and10
(g) Violation of a no-contact or protection order, RCW 7.105.450 11
or former RCW 26.50.110(5). 12
(43) "Repetitive domestic violence offense" means any:13
(a)(i) Domestic violence assault that is not a felony offense 14
under RCW 9A.36.041; 15
(ii) Domestic violence violation of a no-contact order under 16
chapter 10.99 RCW that is not a felony offense; 17
(iii) Domestic violence violation of a protection order under 18
chapter 26.09, 26.26A, or 26.26B RCW or former chapter 26.50 RCW, or 19
violation of a domestic violence protection order under chapter 7.105 20
RCW, that is not a felony offense; 21
(iv) Domestic violence harassment offense under RCW 9A.46.020 22
that is not a felony offense; or 23
(v) Domestic violence stalking offense under RCW 9A.46.110 that 24
is not a felony offense; or 25
(b) Any federal, out-of-state, tribal court, military, county, or 26
municipal conviction for an offense that under the laws of this state 27
would be classified as a repetitive domestic violence offense under 28
(a) of this subsection. 29
(44) "Restitution" means a specific sum of money ordered by the 30
sentencing court to be paid by the offender to the court over a 31
specified period of time as payment of damages. The sum may include 32
both public and private costs. 33
(45) "Risk assessment" means the application of the risk 34
instrument recommended to the department by the Washington state 35
institute for public policy as having the highest degree of 36
predictive accuracy for assessing an offender's risk of reoffense.37
(46) "Serious traffic offense" means: 38
(a)(i) Nonfelony driving while under the influence of 39
intoxicating liquor or any drug (RCW 46.61.502); 40
p. 32 HB 1139
(ii) Nonfelony actual physical control while under the influence 1
of intoxicating liquor or any drug (RCW 46.61.504);2
(iii) Reckless driving (RCW 46.61.500); 3
(iv) Negligent driving if the conviction is the result of a 4
charge that was originally filed as a violation of RCW 46.61.502 or 5
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 6
46.61.522 while under the influence of intoxicating liquor or any 7
drug (RCW 46.61.5249); 8
(v) Reckless endangerment if the conviction is the result of a 9
charge that was originally filed as a violation of RCW 46.61.502 or 10
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 11
46.61.522 while under the influence of intoxicating liquor or any 12
drug (RCW 9A.36.050); or 13
(vi) Hit-and-run an attended vehicle (RCW 46.52.020(5)); or14
(b) Any federal, out-of-state, county, or municipal conviction 15
for an offense that under the laws of this state would be classified 16
as a serious traffic offense under (a) of this subsection.17
(c) This definition applies for the purpose of a personal 18
driver's license only and does not apply to violations related to a 19
commercial motor vehicle under RCW 46.25.090. 20
(47) "Serious violent offense" is a subcategory of violent 21
offense and means: 22
(a)(i) Murder in the first degree; 23
(ii) Homicide by abuse; 24
(iii) Murder in the second degree; 25
(iv) Manslaughter in the first degree; 26
(v) Assault in the first degree; 27
(vi) Kidnapping in the first degree; 28
(vii) Rape in the first degree; 29
(viii) Assault of a child in the first degree; or30
(ix) An attempt, criminal solicitation, or criminal conspiracy to 31
commit one of these felonies; or 32
(b) Any federal or out-of-state conviction for an offense that 33
under the laws of this state would be a felony classified as a 34
serious violent offense under (a) of this subsection.35
(48) "Sex offense" means: 36
(a)(i) A felony that is a violation of chapter 9A.44 RCW other 37
than RCW 9A.44.132; 38
(ii) A violation of RCW 9A.64.020; 39
p. 33 HB 1139
(iii) A felony that is a violation of chapter 9.68A RCW other 1
than RCW 9.68A.080; 2
(iv) A felony that is, under chapter 9A.28 RCW, a criminal 3
attempt, criminal solicitation, or criminal conspiracy to commit such 4
crimes; or 5
(v) A felony violation of RCW 9A.44.132(1) (failure to register 6
as a sex offender) if the person has been convicted of violating RCW 7
9A.44.132(1) (failure to register as a sex offender) or 9A.44.130 8
prior to June 10, 2010, on at least one prior occasion;9
(b) Any conviction for a felony offense in effect at any time 10
prior to July 1, 1976, that is comparable to a felony classified as a 11
sex offense in (a) of this subsection; 12
(c) A felony with a finding of sexual motivation under RCW 13
9.94A.835 or 13.40.135; or 14
(d) Any federal or out-of-state conviction for an offense that 15
under the laws of this state would be a felony classified as a sex 16
offense under (a) of this subsection. 17
(49) "Sexual motivation" means that one of the purposes for which 18
the defendant committed the crime was for the purpose of his or her 19
sexual gratification. 20
(50) "Standard sentence range" means the sentencing court's 21
discretionary range in imposing a nonappealable sentence.22
(51) "Statutory maximum sentence" means the maximum length of 23
time for which an offender may be confined as punishment for a crime 24
as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute 25
defining the crime, or other statute defining the maximum penalty for 26
a crime. 27
(52) "Stranger" means that the victim did not know the offender 28
24 hours before the offense. 29
(53) "Total confinement" means confinement inside the physical 30
boundaries of a facility or institution operated or utilized under 31
contract by the state or any other unit of government for 24 hours a 32
day, or pursuant to RCW 72.64.050 and 72.64.060. 33
(54) "Transition training" means written and verbal instructions 34
and assistance provided by the department to the offender during the 35
two weeks prior to the offender's successful completion of the work 36
ethic camp program. The transition training shall include 37
instructions in the offender's requirements and obligations during 38
the offender's period of community custody. 39
p. 34 HB 1139
(55) "Victim" means any person who has sustained emotional, 1
psychological, physical, or financial injury to person or property as 2
a direct result of the crime charged. 3
(56) "Victim of domestic violence" means an intimate partner or 4
household member who has been subjected to the infliction of physical 5
harm or sexual and psychological abuse by an intimate partner or 6
household member as part of a pattern of assaultive, coercive, and 7
controlling behaviors directed at achieving compliance from or 8
control over that intimate partner or household member. Domestic 9
violence includes, but is not limited to, the offenses listed in RCW 10
10.99.020 and 26.50.010 committed by an intimate partner or household 11
member against a victim who is an intimate partner or household 12
member. 13
(57) "Victim of sex trafficking, prostitution, or commercial 14
sexual abuse of a minor" means a person who has been forced or 15
coerced to perform a commercial sex act including, but not limited 16
to, being a victim of offenses defined in RCW 9A.40.100, 9A.88.070, 17
9.68A.101, and the trafficking victims protection act of 2000, 22 18
U.S.C. Sec. 7101 et seq.; or a person who was induced to perform a 19
commercial sex act when they were less than 18 years of age including 20
but not limited to the offenses defined in chapter 9.68A RCW.21
(58) "Victim of sexual assault" means any person who is a victim 22
of a sexual assault offense, nonconsensual sexual conduct, or 23
nonconsensual sexual penetration and as a result suffers physical, 24
emotional, financial, or psychological impacts. Sexual assault 25
offenses include, but are not limited to, the offenses defined in 26
chapter 9A.44 RCW. 27
(59) "Violent offense" means: 28
(a) Any of the following felonies: 29
(i) Any felony defined under any law as a class A felony or an 30
attempt to commit a class A felony; 31
(ii) Criminal solicitation of or criminal conspiracy to commit a 32
class A felony; 33
(iii) Manslaughter in the first degree; 34
(iv) Manslaughter in the second degree; 35
(v) Indecent liberties if committed by forcible compulsion;36
(vi) Kidnapping in the second degree; 37
(vii) Arson in the second degree; 38
(viii) Assault in the second degree; 39
(ix) Assault of a child in the second degree; 40
p. 35 HB 1139
(x) Extortion in the first degree; 1
(xi) Robbery in the second degree; 2
(xii) Drive-by shooting; 3
(xiii) Vehicular assault, when caused by the operation or driving 4
of a vehicle by a person while under the influence of intoxicating 5
liquor or any drug or by the operation or driving of a vehicle in a 6
reckless manner; ((and))7
(xiv) Vehicular homicide, when proximately caused by the driving 8
of any vehicle by any person while under the influence of 9
intoxicating liquor or any drug as defined by RCW 46.61.502, or by 10
the operation of any vehicle in a reckless manner; and11
(xv) Unlawful possession of a firearm in the first degree;12
(b) Any conviction for a felony offense in effect at any time 13
prior to July 1, 1976, that is comparable to a felony classified as a 14
violent offense in (a) of this subsection; and 15
(c) Any federal or out-of-state conviction for an offense that 16
under the laws of this state would be a felony classified as a 17
violent offense under (a) or (b) of this subsection.18
(60) "Work crew" means a program of partial confinement 19
consisting of civic improvement tasks for the benefit of the 20
community that complies with RCW 9.94A.725. 21
(61) "Work ethic camp" means an alternative incarceration program 22
as provided in RCW 9.94A.690 designed to reduce recidivism and lower 23
the cost of corrections by requiring offenders to complete a 24
comprehensive array of real-world job and vocational experiences, 25
character-building work ethics training, life management skills 26
development, substance abuse rehabilitation, counseling, literacy 27
training, and basic adult education. 28
(62) "Work release" means a program of partial confinement 29
available to offenders who are employed or engaged as a student in a 30
regular course of study at school. 31
Sec. 5. RCW 9.94A.515 and 2024 c 301 s 29 and 2024 c 55 s 1 are 32
each reenacted and amended to read as follows: 33
34 TABLE 2
35
36
CRIMES INCLUDED WITHIN EACH
SERIOUSNESS LEVEL

37 XVI Aggravated Murder 1 (RCW 10.95.020)
p. 36 HB 1139
1 XV Homicide by abuse (RCW 9A.32.055)
2
3
Malicious explosion 1 (RCW
70.74.280(1))

4 Murder 1 (RCW 9A.32.030)
5 XIV Murder 2 (RCW 9A.32.050)
6 Trafficking 1 (RCW 9A.40.100(1))
7
8
XIII Malicious explosion 2 (RCW
70.74.280(2))

9
10
Malicious placement of an explosive 1
(RCW 70.74.270(1))

11 XII Assault 1 (RCW 9A.36.011)
12 Assault of a Child 1 (RCW 9A.36.120)
13
14
Malicious placement of an imitation
device 1 (RCW 70.74.272(1)(a))

15
16
Promoting Commercial Sexual Abuse
of a Minor (RCW 9.68A.101)

17 Rape 1 (RCW 9A.44.040)
18 Rape of a Child 1 (RCW 9A.44.073)
19 Trafficking 2 (RCW 9A.40.100(3))
20 XI Manslaughter 1 (RCW 9A.32.060)
21 Rape 2 (RCW 9A.44.050)
22 Rape of a Child 2 (RCW 9A.44.076)
23
24
25
Vehicular Homicide, by being under the
influence of intoxicating liquor or
any drug (RCW 46.61.520)

26
27
28
Vehicular Homicide, by the operation of
any vehicle in a reckless manner
(RCW 46.61.520)

29 X Child Molestation 1 (RCW 9A.44.083)
30
31
Criminal Mistreatment 1 (RCW
9A.42.020)

32
33
34
Indecent Liberties (with forcible
compulsion) (RCW
9A.44.100(1)(a))

35 Kidnapping 1 (RCW 9A.40.020)
p. 37 HB 1139
1
2
Leading Organized Crime (RCW
9A.82.060(1)(a))

3
4
Malicious explosion 3 (RCW
70.74.280(3))

5
6
Sexually Violent Predator Escape (RCW
9A.76.115)

7
8
IX Abandonment of Dependent Person 1
(RCW 9A.42.060)

9 Assault of a Child 2 (RCW 9A.36.130)
10
11
Explosive devices prohibited (RCW
70.74.180)

12
13
Hit and Run—Death (RCW
46.52.020(4)(a))

14
15
16
Homicide by Watercraft, by being under
the influence of intoxicating liquor
or any drug (RCW 79A.60.050)

17
18
Inciting Criminal Profiteering (RCW
9A.82.060(1)(b))

19
20
Malicious placement of an explosive 2
(RCW 70.74.270(2))

21 Robbery 1 (RCW 9A.56.200)
22 Sexual Exploitation (RCW 9.68A.040)
23 VIII Arson 1 (RCW 9A.48.020)
24
25
Commercial Sexual Abuse of a Minor
(RCW 9.68A.100)

26
27
28
Homicide by Watercraft, by the
operation of any vessel in a reckless
manner (RCW 79A.60.050)

29 Manslaughter 2 (RCW 9A.32.070)
30
31
Promoting Prostitution 1 (RCW
9A.88.070)

32 Theft of Ammonia (RCW 69.55.010)
33
34
Unlawful Possession of a Firearm 1
(RCW 9.41.040(1))

p. 38 HB 1139
1
2
3
VII Air bag diagnostic systems (causing
bodily injury or death) (RCW
46.37.660(2)(b))

4
5
6
Air bag replacement requirements
(causing bodily injury or death)
(RCW 46.37.660(1)(b))

7 Burglary 1 (RCW 9A.52.020)
8 Child Molestation 2 (RCW 9A.44.086)
9
10
Civil Disorder Training (RCW
9A.48.120)

11
12
Custodial Sexual Misconduct 1 (RCW
9A.44.160)

13
14
15
Dealing in depictions of minor engaged
in sexually explicit conduct 1
(RCW 9.68A.050(1))

16 Drive-by Shooting (RCW 9A.36.045)
17
18
False Reporting 1 (RCW
9A.84.040(2)(a))

19
20
21
Homicide by Watercraft, by disregard
for the safety of others (RCW
79A.60.050)

22
23
24
Indecent Liberties (without forcible
compulsion) (RCW 9A.44.100(1)
(b) and (c))

25
26
Introducing Contraband 1 (RCW
9A.76.140)

27
28
Malicious placement of an explosive 3
(RCW 70.74.270(3))

29
30
31
32
33
Manufacture or import counterfeit,
nonfunctional, damaged, or
previously deployed air bag
(causing bodily injury or death)
(RCW 46.37.650(1)(b))

34
35
36
Negligently Causing Death By Use of a
Signal Preemption Device (RCW
46.37.675)

p. 39 HB 1139
1
2
3
4
Sell, install, or reinstall counterfeit,
nonfunctional, damaged, or
previously deployed airbag (RCW
46.37.650(2)(b))

5
6
7
8
Sending, bringing into state depictions
of minor engaged in sexually
explicit conduct 1 (RCW
9.68A.060(1))

9
10
11
((Unlawful Possession of a Firearm in
the first degree (RCW
9.41.040(1))))

12
13
14
Use of a Machine Gun or Bump-fire
Stock in Commission of a Felony
(RCW 9.41.225)

15
16
17
Vehicular Homicide, by disregard for
the safety of others (RCW
46.61.520)

18
19
VI Bail Jumping with Murder 1 (RCW
9A.76.170(3)(a))

20 Bribery (RCW 9A.68.010)
21 Incest 1 (RCW 9A.64.020(1))
22 Intimidating a Judge (RCW 9A.72.160)
23
24
Intimidating a Juror/Witness (RCW
9A.72.110, 9A.72.130)

25
26
Malicious placement of an imitation
device 2 (RCW 70.74.272(1)(b))

27
28
29
Possession of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 1 (RCW 9.68A.070(1))

30 Rape of a Child 3 (RCW 9A.44.079)
31 Theft of a Firearm (RCW 9A.56.300)
32
33
Theft from a Vulnerable Adult 1 (RCW
9A.56.400(1))

34
35
Unlawful Storage of Ammonia (RCW
69.55.020)

p. 40 HB 1139
1
2
V Abandonment of Dependent Person 2
(RCW 9A.42.070)

3
4
5
Advancing money or property for
extortionate extension of credit
(RCW 9A.82.030)

6
7
Air bag diagnostic systems (RCW
46.37.660(2)(c))

8
9
Air bag replacement requirements
(RCW 46.37.660(1)(c))

10
11
Bail Jumping with class A Felony
(RCW 9A.76.170(3)(b))

12 Child Molestation 3 (RCW 9A.44.089)
13
14
Criminal Mistreatment 2 (RCW
9A.42.030)

15
16
Custodial Sexual Misconduct 2 (RCW
9A.44.170)

17
18
19
Dealing in Depictions of Minor
Engaged in Sexually Explicit
Conduct 2 (RCW 9.68A.050(2))

20
21
22
23
Domestic Violence Court Order
Violation (RCW 7.105.450,
10.99.040, 10.99.050, 26.09.300,
26.26B.050, or 26.52.070)

24 Extortion 1 (RCW 9A.56.120)
25
26
Extortionate Extension of Credit (RCW
9A.82.020)

27
28
29
Extortionate Means to Collect
Extensions of Credit (RCW
9A.82.040)

30 Incest 2 (RCW 9A.64.020(2))
31 Kidnapping 2 (RCW 9A.40.030)
32
33
34
35
Manufacture or import counterfeit,
nonfunctional, damaged, or
previously deployed air bag (RCW
46.37.650(1)(c))

36 Perjury 1 (RCW 9A.72.020)
p. 41 HB 1139
1
2
Persistent prison misbehavior (RCW
9.94.070)

3
4
Possession of a Stolen Firearm (RCW
9A.56.310)

5 Rape 3 (RCW 9A.44.060)
6
7
Rendering Criminal Assistance 1 (RCW
9A.76.070)

8
9
10
11
Sell, install, or reinstall counterfeit,
nonfunctional, damaged, or
previously deployed airbag (RCW
46.37.650(2)(c))

12
13
14
15
Sending, Bringing into State Depictions
of Minor Engaged in Sexually
Explicit Conduct 2 (RCW
9.68A.060(2))

16
17
Sexual Misconduct with a Minor 1
(RCW 9A.44.093)

18
19
Sexually Violating Human Remains
(RCW 9A.44.105)

20 Stalking (RCW 9A.46.110)
21
22
Taking Motor Vehicle Without
Permission 1 (RCW 9A.56.070)

23
24
Unlawful Possession of a Firearm 2
(RCW 9.41.040(2))

25 IV Arson 2 (RCW 9A.48.030)
26 Assault 2 (RCW 9A.36.021)
27
28
29
Assault 3 (of a Peace Officer with a
Projectile Stun Gun) (RCW
9A.36.031(1)(h))

30
31
Assault 4 (third domestic violence
offense) (RCW 9A.36.041(3))

32
33
Assault by Watercraft (RCW
79A.60.060)

34
35
36
Bribing a Witness/Bribe Received by
Witness (RCW 9A.72.090,
9A.72.100)

p. 42 HB 1139
1 Cheating 1 (RCW 9.46.1961)
2 Commercial Bribery (RCW 9A.68.060)
3 Counterfeiting (RCW 9.16.035(4))
4
5
Driving While Under the Influence
(RCW 46.61.502(6))

6
7
Endangerment with a Controlled
Substance (RCW 9A.42.100)

8 Escape 1 (RCW 9A.76.110)
9 Hate Crime (RCW 9A.36.080)
10
11
Hit and Run—Injury (RCW
46.52.020(4)(b))

12
13
Hit and Run with Vessel—Injury
Accident (RCW 79A.60.200(3))

14 Identity Theft 1 (RCW 9.35.020(2))
15
16
17
Indecent Exposure to Person Under Age
14 (subsequent sex offense) (RCW
9A.88.010)

18
19
Influencing Outcome of Sporting Event
(RCW 9A.82.070)

20
21
22
Physical Control of a Vehicle While
Under the Influence (RCW
46.61.504(6))

23
24
25
Possession of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 2 (RCW 9.68A.070(2))

26 Residential Burglary (RCW 9A.52.025)
27 Robbery 2 (RCW 9A.56.210)
28 Theft of Livestock 1 (RCW 9A.56.080)
29 Threats to Bomb (RCW 9.61.160)
30
31
Trafficking in Catalytic Converters 1
(RCW 9A.82.190)

32
33
Trafficking in Stolen Property 1 (RCW
9A.82.050)

p. 43 HB 1139
1
2
3
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(b))

4
5
6
Unlawful transaction of health coverage
as a health care service contractor
(RCW 48.44.016(3))

7
8
9
Unlawful transaction of health coverage
as a health maintenance
organization (RCW 48.46.033(3))

10
11
Unlawful transaction of insurance
business (RCW 48.15.023(3))

12
13
Unlicensed practice as an insurance
professional (RCW 48.17.063(2))

14
15
16
Use of Proceeds of Criminal
Profiteering (RCW 9A.82.080 (1)
and (2))

17
18
Vehicle Prowling 2 (third or subsequent
offense) (RCW 9A.52.100(3))

19
20
21
22
23
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)

24
25
26
Viewing of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 1 (RCW 9.68A.075(1))

27 III Animal Cruelty 1 (RCW 16.52.205)
28
29
30
31
Assault 3 (Except Assault 3 of a Peace
Officer With a Projectile Stun Gun)
(RCW 9A.36.031 except subsection
(1)(h))

32 Assault of a Child 3 (RCW 9A.36.140)
33
34
Bail Jumping with class B or C Felony
(RCW 9A.76.170(3)(c))

35 Burglary 2 (RCW 9A.52.030)
p. 44 HB 1139
1
2
3
Communication with a Minor for
Immoral Purposes (RCW
9.68A.090)

4
5
Criminal Gang Intimidation (RCW
9A.46.120)

6 Custodial Assault (RCW 9A.36.100)
7
8
Cyber Harassment (RCW
9A.90.120(2)(b))

9 Escape 2 (RCW 9A.76.120)
10 Extortion 2 (RCW 9A.56.130)
11
12
False Reporting 2 (RCW
9A.84.040(2)(b))

13 Harassment (RCW 9A.46.020)
14 Hazing (RCW 28B.10.901(2)(b))
15
16
Intimidating a Public Servant (RCW
9A.76.180)

17
18
Introducing Contraband 2 (RCW
9A.76.150)

19
20
Malicious Injury to Railroad Property
(RCW 81.60.070)

21
22
Manufacture of Untraceable Firearm
with Intent to Sell (RCW 9.41.190)

23
24
25
26
Manufacture or Assembly of an
Undetectable Firearm or
Untraceable Firearm (RCW
9.41.325)

27 Mortgage Fraud (RCW 19.144.080)
28
29
30
31
Negligently Causing Substantial Bodily
Harm By Use of a Signal
Preemption Device (RCW
46.37.674)

32
33
Organized Retail Theft 1 (RCW
9A.56.350(2))

34 Perjury 2 (RCW 9A.72.030)
p. 45 HB 1139
1
2
Possession of Incendiary Device (RCW
9.40.120)

3
4
5
6
Possession of Machine Gun, Bump-Fire
Stock, Undetectable Firearm, or
Short-Barreled Shotgun or Rifle
(RCW 9.41.190)

7
8
Promoting Prostitution 2 (RCW
9A.88.080)

9
10
Retail Theft with Special Circumstances
1 (RCW 9A.56.360(2))

11
12
Securities Act violation (RCW
21.20.400)

13
14
Tampering with a Witness (RCW
9A.72.120)

15
16
17
Telephone Harassment (subsequent
conviction or threat of death)
(RCW 9.61.230(2))

18 Theft of Livestock 2 (RCW 9A.56.083)
19
20
Theft with the Intent to Resell 1 (RCW
9A.56.340(2))

21
22
Trafficking in Catalytic Converters 2
(RCW 9A.82.200)

23
24
Trafficking in Stolen Property 2 (RCW
9A.82.055)

25
26
Unlawful Hunting of Big Game 1
(RCW 77.15.410(3)(b))

27
28
Unlawful Imprisonment (RCW
9A.40.040)

29
30
Unlawful Misbranding of Fish or
Shellfish 1 (RCW 77.140.060(3))

31
32
((Unlawful possession of firearm in the
second degree (RCW 9.41.040(2))))

33
34
Unlawful Taking of Endangered Fish or
Wildlife 1 (RCW 77.15.120(3)(b))

p. 46 HB 1139
1
2
3
Unlawful Trafficking in Fish, Shellfish,
or Wildlife 1 (RCW
77.15.260(3)(b))

4
5
Unlawful Use of a Nondesignated
Vessel (RCW 77.15.530(4))

6
7
8
9
Vehicular Assault, by the operation or
driving of a vehicle with disregard
for the safety of others (RCW
46.61.522)

10
11
II Commercial Fishing Without a License
1 (RCW 77.15.500(3)(b))

12 Computer Trespass 1 (RCW 9A.90.040)
13 Counterfeiting (RCW 9.16.035(3))
14
15
Electronic Data Service Interference
(RCW 9A.90.060)

16
17
Electronic Data Tampering 1 (RCW
9A.90.080)

18
19
Electronic Data Theft (RCW
9A.90.100)

20
21
Engaging in Fish Dealing Activity
Unlicensed 1 (RCW 77.15.620(3))

22
23
Escape from Community Custody
(RCW 72.09.310)

24
25
26
27
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)

28
29
Health Care False Claims (RCW
48.80.030)

30 Identity Theft 2 (RCW 9.35.020(3))
31
32
Improperly Obtaining Financial
Information (RCW 9.35.010)

33 Malicious Mischief 1 (RCW 9A.48.070)
34
35
Organized Retail Theft 2 (RCW
9A.56.350(3))

p. 47 HB 1139
1
2
Possession of Stolen Property 1 (RCW
9A.56.150)

3
4
Possession of a Stolen Vehicle (RCW
9A.56.068)

5
6
7
Possession, sale, or offering for sale of
seven or more unmarked catalytic
converters (RCW 9A.82.180(5))

8
9
Retail Theft with Special Circumstances
2 (RCW 9A.56.360(3))

10
11
12
13
Scrap Processing, Recycling, or
Supplying Without a License
(second or subsequent offense)
(RCW 19.290.100)

14 Theft 1 (RCW 9A.56.030)
15
16
Theft of a Motor Vehicle (RCW
9A.56.065)

17
18
19
20
Theft of Rental, Leased, Lease-
purchased, or Loaned Property
(valued at $5,000 or more) (RCW
9A.56.096(5)(a))

21
22
Theft with the Intent to Resell 2 (RCW
9A.56.340(3))

23
24
Trafficking in Insurance Claims (RCW
48.30A.015)

25
26
27
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(a))

28
29
30
Unlawful Participation of Non-Indians
in Indian Fishery (RCW
77.15.570(2))

31
32
Unlawful Practice of Law (RCW
2.48.180)

33
34
Unlawful Purchase or Use of a License
(RCW 77.15.650(3)(b))

p. 48 HB 1139
1
2
3
Unlawful Trafficking in Fish, Shellfish,
or Wildlife 2 (RCW
77.15.260(3)(a))

4
5
Unlicensed Practice of a Profession or
Business (RCW 18.130.190(7))

6 V oyeurism 1 (RCW 9A.44.115)
7
8
I Attempting to Elude a Pursuing Police
Vehicle (RCW 46.61.024)

9
10
False Verification for Welfare (RCW
74.08.055)

11 Forgery (RCW 9A.60.020)
12
13
14
Fraudulent Creation or Revocation of a
Mental Health Advance Directive
(RCW 9A.60.060)

15 Malicious Mischief 2 (RCW 9A.48.080)
16 Mineral Trespass (RCW 78.44.330)
17
18
Possession of Stolen Property 2 (RCW
9A.56.160)

19 Reckless Burning 1 (RCW 9A.48.040)
20
21
Spotlighting Big Game 1 (RCW
77.15.450(3)(b))

22
23
Suspension of Department Privileges 1
(RCW 77.15.670(3)(b))

24
25
Taking Motor Vehicle Without
Permission 2 (RCW 9A.56.075)

26 Theft 2 (RCW 9A.56.040)
27
28
Theft from a Vulnerable Adult 2 (RCW
9A.56.400(2))

29
30
31
32
33
Theft of Rental, Leased, Lease-
purchased, or Loaned Property
(valued at $750 or more but less
than $5,000) (RCW
9A.56.096(5)(b))

34
35
36
Transaction of insurance business
beyond the scope of licensure
(RCW 48.17.063)

p. 49 HB 1139
1
2
Unlawful Fish and Shellfish Catch
Accounting (RCW 77.15.630(3)(b))

3
4
Unlawful Issuance of Checks or Drafts
(RCW 9A.56.060)

5
6
Unlawful Possession of Fictitious
Identification (RCW 9A.56.320)

7
8
Unlawful Possession of Instruments of
Financial Fraud (RCW 9A.56.320)

9
10
Unlawful Possession of Payment
Instruments (RCW 9A.56.320)

11
12
13
Unlawful Possession of a Personal
Identification Device (RCW
9A.56.320)

14
15
Unlawful Production of Payment
Instruments (RCW 9A.56.320)

16
17
18
19
Unlawful Releasing, Planting,
Possessing, or Placing Deleterious
Exotic Wildlife (RCW
77.15.250(2)(b))

20
21
Unlawful Trafficking in Food Stamps
(RCW 9.91.142)

22
23
Unlawful Use of Food Stamps (RCW
9.91.144)

24
25
Unlawful Use of Net to Take Fish 1
(RCW 77.15.580(3)(b))

26 Vehicle Prowl 1 (RCW 9A.52.095)
27
28
Violating Commercial Fishing Area or
Time 1 (RCW 77.15.550(3)(b))

Sec. 6. RCW 9.94A.525 and 2023 c 415 s 2 are each amended to 29
read as follows: 30
The offender score is measured on the horizontal axis of the 31
sentencing grid. The offender score rules are as follows:32
The offender score is the sum of points accrued under this 33
section rounded down to the nearest whole number. 34
(1)(a) A prior conviction is a conviction which exists before the 35
date of sentencing for the offense for which the offender score is 36
p. 50 HB 1139
being computed. Convictions entered or sentenced on the same date as 1
the conviction for which the offender score is being computed shall 2
be deemed "other current offenses" within the meaning of RCW 3
9.94A.589. 4
(b) For the purposes of this section, adjudications of guilt 5
pursuant to Title 13 RCW which are not murder in the first or second 6
degree or class A felony sex offenses may not be included in the 7
offender score. 8
(2)(a) Class A and sex prior felony convictions shall always be 9
included in the offender score. 10
(b) Class B prior felony convictions other than sex offenses 11
shall not be included in the offender score, if since the last date 12
of release from confinement (including full-time residential 13
treatment) pursuant to a felony conviction, if any, or entry of 14
judgment and sentence, the offender had spent ten consecutive years 15
in the community without committing any crime that subsequently 16
results in a conviction. 17
(c) Except as provided in (e) of this subsection, class C prior 18
felony convictions other than sex offenses shall not be included in 19
the offender score if, since the last date of release from 20
confinement (including full-time residential treatment) pursuant to a 21
felony conviction, if any, or entry of judgment and sentence, the 22
offender had spent five consecutive years in the community without 23
committing any crime that subsequently results in a conviction.24
(d) Except as provided in (e) of this subsection, serious traffic 25
convictions shall not be included in the offender score if, since the 26
last date of release from confinement (including full-time 27
residential treatment) pursuant to a conviction, if any, or entry of 28
judgment and sentence, the offender spent five years in the community 29
without committing any crime that subsequently results in a 30
conviction. 31
(e) If the present conviction is felony driving while under the 32
influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or 33
felony physical control of a vehicle while under the influence of 34
intoxicating liquor or any drug (RCW 46.61.504(6)), all predicate 35
crimes for the offense as defined by RCW 46.61.5055(14) shall be 36
included in the offender score, and prior convictions for felony 37
driving while under the influence of intoxicating liquor or any drug 38
(RCW 46.61.502(6)) or felony physical control of a vehicle while 39
under the influence of intoxicating liquor or any drug (RCW 40
p. 51 HB 1139
46.61.504(6)) shall always be included in the offender score. All 1
other convictions of the defendant shall be scored according to this 2
section. 3
(f) Prior convictions for a repetitive domestic violence offense, 4
as defined in RCW 9.94A.030, shall not be included in the offender 5
score if, since the last date of release from confinement or entry of 6
judgment and sentence, the offender had spent ten consecutive years 7
in the community without committing any crime that subsequently 8
results in a conviction. 9
(g) This subsection applies to both prior adult convictions and 10
prior juvenile adjudications. 11
(3) Out-of-state convictions for offenses shall be classified 12
according to the comparable offense definitions and sentences 13
provided by Washington law. Federal convictions for offenses shall be 14
classified according to the comparable offense definitions and 15
sentences provided by Washington law. Neither out-of-state or federal 16
convictions which would have been presumptively adjudicated in 17
juvenile court under Washington law may be included in the offender 18
score unless they are comparable to murder in the first or second 19
degree or a class A felony sex offense. If there is no clearly 20
comparable offense under Washington law or the offense is one that is 21
usually considered subject to exclusive federal jurisdiction, the 22
offense shall be scored as a class C felony equivalent if it was a 23
felony under the relevant federal statute. 24
(4) Score prior convictions for felony anticipatory offenses 25
(attempts, criminal solicitations, and criminal conspiracies) the 26
same as if they were convictions for completed offenses.27
(5)(a) In the case of multiple prior convictions, for the purpose 28
of computing the offender score, count all convictions separately, 29
except: 30
(i) Prior offenses which were found, under RCW 9.94A.589(1)(a), 31
to encompass the same criminal conduct, shall be counted as one 32
offense, the offense that yields the highest offender score. The 33
current sentencing court shall determine with respect to other prior 34
adult offenses for which sentences were served concurrently or prior 35
juvenile offenses for which sentences were served consecutively, 36
whether those offenses shall be counted as one offense or as separate 37
offenses using the "same criminal conduct" analysis found in RCW 38
9.94A.589(1)(a), and if the court finds that they shall be counted as 39
one offense, then the offense that yields the highest offender score 40
p. 52 HB 1139
shall be used. The current sentencing court may presume that such 1
other prior offenses were not the same criminal conduct from 2
sentences imposed on separate dates, or in separate counties or 3
jurisdictions, or in separate complaints, indictments, or 4
informations; 5
(ii) In the case of multiple prior convictions for offenses 6
committed before July 1, 1986, for the purpose of computing the 7
offender score, count all convictions or adjudications served 8
concurrently as one offense. Use the conviction for the offense that 9
yields the highest offender score. 10
(b) As used in this subsection (5), "served concurrently" means 11
that: (i) The latter sentence was imposed with specific reference to 12
the former; (ii) the concurrent relationship of the sentences was 13
judicially imposed; and (iii) the concurrent timing of the sentences 14
was not the result of a probation or parole revocation on the former 15
offense. 16
(6) If the present conviction is one of the anticipatory offenses 17
of criminal attempt, solicitation, or conspiracy, count each prior 18
conviction as if the present conviction were for a completed offense. 19
When these convictions are used as criminal history, score them the 20
same as a completed crime. 21
(7) If the present conviction is for a nonviolent offense and not 22
covered by subsection (11), (12), or (13) of this section, count one 23
point for each adult prior felony conviction and one point for each 24
juvenile prior violent felony conviction which is scorable under 25
subsection (1)(b) of this section. 26
(8) If the present conviction is for a violent offense and not 27
covered in subsection (9), (10), (11), (12), or (13) of this section, 28
count two points for each prior adult violent felony conviction and 29
juvenile violent felony conviction which is scorable under subsection 30
(1)(b) of this section, and one point for each prior adult nonviolent 31
felony conviction. 32
(9) If the present conviction is for a serious violent offense, 33
count three points for prior adult convictions and juvenile 34
convictions which are scorable under subsection (1)(b) of this 35
section for crimes in this category, two points for each prior adult 36
and scorable juvenile violent conviction (not already counted), and 37
one point for each prior adult nonviolent felony conviction.38
p. 53 HB 1139
(10) If the present conviction is for Burglary 1, count prior 1
convictions as in subsection (8) of this section; however count two 2
points for each prior Burglary 2 or residential burglary conviction.3
(11) If the present conviction is for a felony traffic offense 4
count two points for each prior conviction for Vehicular Homicide or 5
Vehicular Assault; for each felony offense count one point for each 6
adult prior conviction and 1/2 point for each juvenile prior 7
conviction which is scorable under subsection (1)(b) of this section; 8
for each serious traffic offense, other than those used for an 9
enhancement pursuant to RCW 46.61.520(2), count one point for each 10
adult prior conviction and 1/2 point for each juvenile prior 11
conviction which is scorable under subsection (1)(b) of this section; 12
count one point for each adult prior conviction for operation of a 13
vessel while under the influence of intoxicating liquor or any drug.14
(12) If the present conviction is for homicide by watercraft or 15
assault by watercraft count two points for each adult prior 16
conviction for homicide by watercraft or assault by watercraft; for 17
each felony offense count one point for each adult prior conviction 18
and 1/2 point for each juvenile prior conviction which would be 19
scorable under subsection (1)(b) of this section; count one point for 20
each adult prior conviction for driving under the influence of 21
intoxicating liquor or any drug, actual physical control of a motor 22
vehicle while under the influence of intoxicating liquor or any drug, 23
or operation of a vessel while under the influence of intoxicating 24
liquor or any drug. 25
(13) If the present conviction is for manufacture of 26
methamphetamine count three points for each adult prior manufacture 27
of methamphetamine conviction. If the present conviction is for a 28
drug offense and the offender has a criminal history that includes a 29
sex offense or serious violent offense, count three points for each 30
adult prior felony drug offense conviction. All other felonies are 31
scored as in subsection (8) of this section if the current drug 32
offense is violent, or as in subsection (7) of this section if the 33
current drug offense is nonviolent. 34
(14) If the present conviction is for Escape from Community 35
Custody, RCW 72.09.310, count only adult prior escape convictions in 36
the offender score. Count prior escape convictions as one point.37
(15) If the present conviction is for Escape 1, RCW 9A.76.110, or 38
Escape 2, RCW 9A.76.120, count adult prior convictions as one point 39
p. 54 HB 1139
and juvenile prior convictions which are scorable under subsection 1
(1)(b) of this section as 1/2 point. 2
(16) If the present conviction is for Burglary 2 or residential 3
burglary, count priors as in subsection (7) of this section; however, 4
count two points for each prior Burglary 1 conviction, and two points 5
for each prior Burglary 2 or residential burglary conviction.6
(17) If the present conviction is for a sex offense, count priors 7
as in subsections (7) through (11) and (13) through (16) of this 8
section; however count three points for each adult prior sex offense 9
conviction and juvenile prior class A felony sex offense 10
adjudication. 11
(18) If the present conviction is for failure to register as a 12
sex offender under RCW 9A.44.130 or 9A.44.132, count priors as in 13
subsections (7) through (11) and (13) through (16) of this section; 14
however count three points for each adult prior sex offense 15
conviction and juvenile prior sex offense conviction which is 16
scorable under subsection (1)(b) of this section, excluding adult 17
prior convictions for failure to register as a sex offender under RCW 18
9A.44.130 or 9A.44.132, which shall count as one point.19
(19) If the present conviction is for an offense committed while 20
the offender was under community custody, add one point. For purposes 21
of this subsection, community custody includes community placement or 22
postrelease supervision, as defined in chapter 9.94B RCW.23
(20) If the present conviction is for Theft of a Motor Vehicle, 24
Possession of a Stolen Vehicle, Taking a Motor Vehicle Without 25
Permission 1, or Taking a Motor Vehicle Without Permission 2, count 26
priors as in subsections (7) through (18) of this section; however 27
count one point for prior convictions of Vehicle Prowling 2, and 28
three points for each adult prior Theft 1 (of a motor vehicle), Theft 29
2 (of a motor vehicle), Possession of Stolen Property 1 (of a motor 30
vehicle), Possession of Stolen Property 2 (of a motor vehicle), Theft 31
of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor 32
Vehicle Without Permission 1, or Taking a Motor Vehicle Without 33
Permission 2 conviction. 34
(21) If the present conviction is for a felony domestic violence 35
offense where domestic violence as defined in RCW 9.94A.030 was 36
pleaded and proven, count priors as in subsections (7) through (20) 37
of this section; however, count points as follows:38
(a) Count two points for each adult prior conviction where 39
domestic violence as defined in RCW 9.94A.030 was pleaded and proven 40
p. 55 HB 1139
after August 1, 2011, for any of the following offenses: A felony 1
violation of a no -contact or protection order (RCW 7.105.450 or 2
former RCW 26.50.110), felony Harassment (RCW 9A.46.020(2)(b)), 3
felony Stalking (RCW 9A.46.110(5)(b)), Burglary 1 (RCW 9A.52.020), 4
Kidnapping 1 (RCW 9A.40.020), Kidnapping 2 (RCW 9A.40.030), Unlawful 5
imprisonment (RCW 9A.40.040), Robbery 1 (RCW 9A.56.200), Robbery 2 6
(RCW 9A.56.210), Assault 1 (RCW 9A.36.011), Assault 2 (RCW 7
9A.36.021), Assault 3 (RCW 9A.36.031), Arson 1 (RCW 9A.48.020), or 8
Arson 2 (RCW 9A.48.030); 9
(b) Count two points for each adult prior conviction where 10
domestic violence as defined in RCW 9.94A.030 was pleaded and proven 11
after July 23, 2017, for any of the following offenses: Assault of a 12
child in the first degree, RCW 9A.36.120; Assault of a child in the 13
second degree, RCW 9A.36.130; Assault of a child in the third degree, 14
RCW 9A.36.140; Criminal Mistreatment in the first degree, RCW 15
9A.42.020; or Criminal Mistreatment in the second degree, RCW 16
9A.42.030; and 17
(c) Count one point for each adult prior conviction for a 18
repetitive domestic violence offense as defined in RCW 9.94A.030, 19
where domestic violence as defined in RCW 9.94A.030, was pleaded and 20
proven after August 1, 2011. 21
(22) If the present conviction is for unlawful possession of a 22
firearm 1 (RCW 9.41.040(1)) or unlawful possession of a firearm 2 23
(RCW 9.41.040(2)), count two points for each prior juvenile 24
adjudication and adult conviction for unlawful possession of a 25
firearm 1 or unlawful possession of a firearm 2.26
(23) The fact that a prior conviction was not included in an 27
offender's offender score or criminal history at a previous 28
sentencing shall have no bearing on whether it is included in the 29
criminal history or offender score for the current offense. Prior 30
convictions that were not counted in the offender score or included 31
in criminal history under repealed or previous versions of the 32
sentencing reform act shall be included in criminal history and shall 33
count in the offender score if the current version of the sentencing 34
reform act requires including or counting those convictions. Prior 35
convictions that were not included in criminal history or in the 36
offender score shall be included upon any resentencing to ensure 37
imposition of an accurate sentence. 38
p. 56 HB 1139
Sec. 7. RCW 9.94A.525 and 2024 c 306 s 6 are each amended to 1
read as follows: 2
The offender score is measured on the horizontal axis of the 3
sentencing grid. The offender score rules are as follows:4
The offender score is the sum of points accrued under this 5
section rounded down to the nearest whole number. 6
(1)(a) A prior conviction is a conviction which exists before the 7
date of sentencing for the offense for which the offender score is 8
being computed. Convictions entered or sentenced on the same date as 9
the conviction for which the offender score is being computed shall 10
be deemed "other current offenses" within the meaning of RCW 11
9.94A.589. 12
(b) For the purposes of this section, adjudications of guilt 13
pursuant to Title 13 RCW which are not murder in the first or second 14
degree or class A felony sex offenses may not be included in the 15
offender score. 16
(2)(a) Class A and sex prior felony convictions shall always be 17
included in the offender score. 18
(b) Class B prior felony convictions other than sex offenses 19
shall not be included in the offender score, if since the last date 20
of release from confinement (including full-time residential 21
treatment) pursuant to a felony conviction, if any, or entry of 22
judgment and sentence, the offender had spent 10 consecutive years in 23
the community without committing any crime that subsequently results 24
in a conviction. 25
(c) Except as provided in (e) of this subsection, class C prior 26
felony convictions other than sex offenses shall not be included in 27
the offender score if, since the last date of release from 28
confinement (including full-time residential treatment) pursuant to a 29
felony conviction, if any, or entry of judgment and sentence, the 30
offender had spent five consecutive years in the community without 31
committing any crime that subsequently results in a conviction.32
(d) Except as provided in (e) of this subsection, serious traffic 33
convictions shall not be included in the offender score if, since the 34
last date of release from confinement (including full-time 35
residential treatment) pursuant to a conviction, if any, or entry of 36
judgment and sentence, the offender spent five years in the community 37
without committing any crime that subsequently results in a 38
conviction. 39
p. 57 HB 1139
(e) If the present conviction is felony driving while under the 1
influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or 2
felony physical control of a vehicle while under the influence of 3
intoxicating liquor or any drug (RCW 46.61.504(6)), all predicate 4
crimes for the offense as defined by RCW 46.61.5055(14) shall be 5
included in the offender score, and prior convictions for felony 6
driving while under the influence of intoxicating liquor or any drug 7
(RCW 46.61.502(6)) or felony physical control of a vehicle while 8
under the influence of intoxicating liquor or any drug (RCW 9
46.61.504(6)) shall always be included in the offender score. All 10
other convictions of the defendant shall be scored according to this 11
section. 12
(f) Prior convictions for a repetitive domestic violence offense, 13
as defined in RCW 9.94A.030, shall not be included in the offender 14
score if, since the last date of release from confinement or entry of 15
judgment and sentence, the offender had spent 10 consecutive years in 16
the community without committing any crime that subsequently results 17
in a conviction. 18
(g) This subsection applies to both prior adult convictions and 19
prior juvenile adjudications. 20
(3) Out-of-state convictions for offenses shall be classified 21
according to the comparable offense definitions and sentences 22
provided by Washington law. Federal convictions for offenses shall be 23
classified according to the comparable offense definitions and 24
sentences provided by Washington law. Neither out-of-state or federal 25
convictions which would have been presumptively adjudicated in 26
juvenile court under Washington law may be included in the offender 27
score unless they are comparable to murder in the first or second 28
degree or a class A felony sex offense. If there is no clearly 29
comparable offense under Washington law or the offense is one that is 30
usually considered subject to exclusive federal jurisdiction, the 31
offense shall be scored as a class C felony equivalent if it was a 32
felony under the relevant federal statute. 33
(4) Score prior convictions for felony anticipatory offenses 34
(attempts, criminal solicitations, and criminal conspiracies) the 35
same as if they were convictions for completed offenses.36
(5)(a) In the case of multiple prior convictions, for the purpose 37
of computing the offender score, count all convictions separately, 38
except: 39
p. 58 HB 1139
(i) Prior offenses which were found, under RCW 9.94A.589(1)(a), 1
to encompass the same criminal conduct, shall be counted as one 2
offense, the offense that yields the highest offender score. The 3
current sentencing court shall determine with respect to other prior 4
adult offenses for which sentences were served concurrently or prior 5
juvenile offenses for which sentences were served consecutively, 6
whether those offenses shall be counted as one offense or as separate 7
offenses using the "same criminal conduct" analysis found in RCW 8
9.94A.589(1)(a), and if the court finds that they shall be counted as 9
one offense, then the offense that yields the highest offender score 10
shall be used. The current sentencing court may presume that such 11
other prior offenses were not the same criminal conduct from 12
sentences imposed on separate dates, or in separate counties or 13
jurisdictions, or in separate complaints, indictments, or 14
informations; 15
(ii) In the case of multiple prior convictions for offenses 16
committed before July 1, 1986, for the purpose of computing the 17
offender score, count all convictions or adjudications served 18
concurrently as one offense. Use the conviction for the offense that 19
yields the highest offender score. 20
(b) As used in this subsection (5), "served concurrently" means 21
that: (i) The latter sentence was imposed with specific reference to 22
the former; (ii) the concurrent relationship of the sentences was 23
judicially imposed; and (iii) the concurrent timing of the sentences 24
was not the result of a probation or parole revocation on the former 25
offense. 26
(6) If the present conviction is one of the anticipatory offenses 27
of criminal attempt, solicitation, or conspiracy, count each prior 28
conviction as if the present conviction were for a completed offense. 29
When these convictions are used as criminal history, score them the 30
same as a completed crime. 31
(7) If the present conviction is for a nonviolent offense and not 32
covered by subsection (11), (12), or (13) of this section, count one 33
point for each adult prior felony conviction and one point for each 34
juvenile prior violent felony conviction which is scorable under 35
subsection (1)(b) of this section. 36
(8) If the present conviction is for a violent offense and not 37
covered in subsection (9), (10), (11), (12), or (13) of this section, 38
count two points for each prior adult violent felony conviction and 39
juvenile violent felony conviction which is scorable under subsection 40
p. 59 HB 1139
(1)(b) of this section, and one point for each prior adult nonviolent 1
felony conviction. 2
(9) If the present conviction is for a serious violent offense, 3
count three points for prior adult convictions and juvenile 4
convictions which are scorable under subsection (1)(b) of this 5
section for crimes in this category, two points for each prior adult 6
and scorable juvenile violent conviction (not already counted), and 7
one point for each prior adult nonviolent felony conviction.8
(10) If the present conviction is for Burglary 1, count prior 9
convictions as in subsection (8) of this section; however count two 10
points for each prior Burglary 2 or residential burglary conviction.11
(11) If the present conviction is for a felony traffic offense 12
count two points for each prior conviction for Vehicular Homicide or 13
Vehicular Assault; for each felony offense count one point for each 14
adult prior conviction and 1/2 point for each juvenile prior 15
conviction which is scorable under subsection (1)(b) of this section; 16
for each serious traffic offense, other than those used for an 17
enhancement pursuant to RCW 46.61.520(2), count one point for each 18
adult prior conviction and 1/2 point for each juvenile prior 19
conviction which is scorable under subsection (1)(b) of this section; 20
count one point for each adult prior conviction for operation of a 21
vessel while under the influence of intoxicating liquor or any drug; 22
count one point for a deferred prosecution granted under chapter 23
10.05 RCW for a second or subsequent violation of RCW 46.61.502 or 24
46.61.504, or an equivalent local ordinance. 25
(12) If the present conviction is for homicide by watercraft or 26
assault by watercraft count two points for each adult prior 27
conviction for homicide by watercraft or assault by watercraft; for 28
each felony offense count one point for each adult prior conviction 29
and 1/2 point for each juvenile prior conviction which would be 30
scorable under subsection (1)(b) of this section; count one point for 31
each adult prior conviction for driving under the influence of 32
intoxicating liquor or any drug, actual physical control of a motor 33
vehicle while under the influence of intoxicating liquor or any drug, 34
or operation of a vessel while under the influence of intoxicating 35
liquor or any drug. 36
(13) If the present conviction is for manufacture of 37
methamphetamine count three points for each adult prior manufacture 38
of methamphetamine conviction. If the present conviction is for a 39
drug offense and the offender has a criminal history that includes a 40
p. 60 HB 1139
sex offense or serious violent offense, count three points for each 1
adult prior felony drug offense conviction. All other felonies are 2
scored as in subsection (8) of this section if the current drug 3
offense is violent, or as in subsection (7) of this section if the 4
current drug offense is nonviolent. 5
(14) If the present conviction is for Escape from Community 6
Custody, RCW 72.09.310, count only adult prior escape convictions in 7
the offender score. Count prior escape convictions as one point.8
(15) If the present conviction is for Escape 1, RCW 9A.76.110, or 9
Escape 2, RCW 9A.76.120, count adult prior convictions as one point 10
and juvenile prior convictions which are scorable under subsection 11
(1)(b) of this section as 1/2 point. 12
(16) If the present conviction is for Burglary 2 or residential 13
burglary, count priors as in subsection (7) of this section; however, 14
count two points for each prior Burglary 1 conviction, and two points 15
for each prior Burglary 2 or residential burglary conviction.16
(17) If the present conviction is for a sex offense, count priors 17
as in subsections (7) through (11) and (13) through (16) of this 18
section; however, count three points for each adult prior sex offense 19
conviction and juvenile prior class A felony sex offense 20
adjudication. 21
(18) If the present conviction is for failure to register as a 22
sex offender under RCW 9A.44.130 or 9A.44.132, count priors as in 23
subsections (7) through (11) and (13) through (16) of this section; 24
however, count three points for each adult prior sex offense 25
conviction and juvenile prior sex offense conviction which is 26
scorable under subsection (1)(b) of this section, excluding adult 27
prior convictions for failure to register as a sex offender under RCW 28
9A.44.130 or 9A.44.132, which shall count as one point.29
(19) If the present conviction is for an offense committed while 30
the offender was under community custody, add one point. For purposes 31
of this subsection, community custody includes community placement or 32
postrelease supervision, as defined in chapter 9.94B RCW.33
(20) If the present conviction is for Theft of a Motor Vehicle, 34
Possession of a Stolen Vehicle, Taking a Motor Vehicle Without 35
Permission 1, or Taking a Motor Vehicle Without Permission 2, count 36
priors as in subsections (7) through (18) of this section; however 37
count one point for prior convictions of Vehicle Prowling 2, and 38
three points for each adult prior Theft 1 (of a motor vehicle), Theft 39
2 (of a motor vehicle), Possession of Stolen Property 1 (of a motor 40
p. 61 HB 1139
vehicle), Possession of Stolen Property 2 (of a motor vehicle), Theft 1
of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor 2
Vehicle Without Permission 1, or Taking a Motor Vehicle Without 3
Permission 2 conviction. 4
(21) If the present conviction is for a felony domestic violence 5
offense where domestic violence as defined in RCW 9.94A.030 was 6
pleaded and proven, count priors as in subsections (7) through (20) 7
of this section; however, count points as follows: 8
(a) Count two points for each adult prior conviction where 9
domestic violence as defined in RCW 9.94A.030 was pleaded and proven 10
after August 1, 2011, for any of the following offenses: A felony 11
violation of a no -contact or protection order (RCW 7.105.450 or 12
former RCW 26.50.110), felony Harassment (RCW 9A.46.020(2)(b)), 13
felony Stalking (RCW 9A.46.110(5)(b)), Burglary 1 (RCW 9A.52.020), 14
Kidnapping 1 (RCW 9A.40.020), Kidnapping 2 (RCW 9A.40.030), Unlawful 15
imprisonment (RCW 9A.40.040), Robbery 1 (RCW 9A.56.200), Robbery 2 16
(RCW 9A.56.210), Assault 1 (RCW 9A.36.011), Assault 2 (RCW 17
9A.36.021), Assault 3 (RCW 9A.36.031), Arson 1 (RCW 9A.48.020), or 18
Arson 2 (RCW 9A.48.030); 19
(b) Count two points for each adult prior conviction where 20
domestic violence as defined in RCW 9.94A.030 was pleaded and proven 21
after July 23, 2017, for any of the following offenses: Assault of a 22
child in the first degree, RCW 9A.36.120; Assault of a child in the 23
second degree, RCW 9A.36.130; Assault of a child in the third degree, 24
RCW 9A.36.140; Criminal Mistreatment in the first degree, RCW 25
9A.42.020; or Criminal Mistreatment in the second degree, RCW 26
9A.42.030; and 27
(c) Count one point for each adult prior conviction for a 28
repetitive domestic violence offense as defined in RCW 9.94A.030, 29
where domestic violence as defined in RCW 9.94A.030, was pleaded and 30
proven after August 1, 2011. 31
(22) If the present conviction is for unlawful possession of a 32
firearm 1 (RCW 9.41.040(1)) or unlawful possession of a firearm 2 33
(RCW 9.41.040(2)), count two points for each prior juvenile 34
adjudication and adult conviction for unlawful possession of a 35
firearm 1 or unlawful possession of a firearm 2.36
(23) The fact that a prior conviction was not included in an 37
offender's offender score or criminal history at a previous 38
sentencing shall have no bearing on whether it is included in the 39
criminal history or offender score for the current offense. Prior 40
p. 62 HB 1139
convictions that were not counted in the offender score or included 1
in criminal history under repealed or previous versions of the 2
sentencing reform act shall be included in criminal history and shall 3
count in the offender score if the current version of the sentencing 4
reform act requires including or counting those convictions. Prior 5
convictions that were not included in criminal history or in the 6
offender score shall be included upon any resentencing to ensure 7
imposition of an accurate sentence. 8
NEW SECTION. Sec. 8. If any provision of this act or its 9
application to any person or circumstance is held invalid, the 10
remainder of the act or the application of the provision to other 11
persons or circumstances is not affected.12
NEW SECTION. Sec. 9. Sections 3 and 6 of this act expire 13
January 1, 2026.14
NEW SECTION. Sec. 10. Sections 4 and 7 of this act take effect 15
January 1, 2026.16
--- END ---
p. 63 HB 1139