Sentencing enhancements

AN ACT Relating to sentencing enhancements; amending RCW 1
9.94A.030, 9.94A.030, 9.94A.533, 9.94A.599, 9.94A.729, 10.01.210, and 2
72.01.410; repealing RCW 9.94A.833 and 69.50.435; providing an 3
effective date; and providing an expiration date. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. 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
H-0017.2
HOUSE BILL 1178
State of Washington 69th Legislature 2025 Regular Session
By Representatives Goodman, Hackney, Simmons, and Peterson
Prefiled 01/07/25. Read first time 01/13/25. Referred to Committee
on Community Safety.
p. 1 HB 1178
(4) "Community corrections officer" means an employee of the 1
department who is responsible for carrying out specific duties in 2
supervision of sentenced offenders and monitoring of sentence 3
conditions. 4
(5) "Community custody" means that portion of an offender's 5
sentence of confinement in lieu of earned release time or imposed as 6
part of a sentence under this chapter and served in the community 7
subject to controls placed on the offender's movement and activities 8
by the department. 9
(6) "Community protection zone" means the area within 880 feet of 10
the facilities and grounds of a public or private school.11
(7) "Community restitution" means compulsory service, without 12
compensation, performed for the benefit of the community by the 13
offender. 14
(8) "Confinement" means total or partial confinement.15
(9) "Conviction" means an adjudication of guilt pursuant to Title 16
10 or 13 RCW and includes a verdict of guilty, a finding of guilty, 17
and acceptance of a plea of guilty. 18
(10) "Crime-related prohibition" means an order of a court 19
prohibiting conduct that directly relates to the circumstances of the 20
crime for which the offender has been convicted, and shall not be 21
construed to mean orders directing an offender affirmatively to 22
participate in rehabilitative programs or to otherwise perform 23
affirmative conduct. However, affirmative acts necessary to monitor 24
compliance with the order of a court may be required by the 25
department. 26
(11) "Criminal history" means the list of a defendant's prior 27
convictions and juvenile adjudications, whether in this state, in 28
federal court, or elsewhere, and any issued certificates of 29
restoration of opportunity pursuant to RCW 9.97.020.30
(a) The history shall include, where known, for each conviction 31
(i) whether the defendant has been placed on probation and the length 32
and terms thereof; and (ii) whether the defendant has been 33
incarcerated and the length of incarceration. 34
(b) A conviction may be removed from a defendant's criminal 35
history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 36
9.95.240, or a similar out-of-state statute, or if the conviction has 37
been vacated pursuant to a governor's pardon. However, when a 38
defendant is charged with a recidivist offense, "criminal history" 39
includes a vacated prior conviction for the sole purpose of 40
p. 2 HB 1178
establishing that such vacated prior conviction constitutes an 1
element of the present recidivist offense as provided in RCW 2
9.94A.640(4)(b) and 9.96.060(((7))) (8)(c). 3
(c) The determination of a defendant's criminal history is 4
distinct from the determination of an offender score. A prior 5
conviction that was not included in an offender score calculated 6
pursuant to a former version of the sentencing reform act remains 7
part of the defendant's criminal history. 8
(12) "Criminal street gang" means any ongoing organization, 9
association, or group of three or more persons, whether formal or 10
informal, having a common name or common identifying sign or symbol, 11
having as one of its primary activities the commission of criminal 12
acts, and whose members or associates individually or collectively 13
engage in or have engaged in a pattern of criminal street gang 14
activity. This definition does not apply to employees engaged in 15
concerted activities for their mutual aid and protection, or to the 16
activities of labor and bona fide nonprofit organizations or their 17
members or agents. 18
(13) "Criminal street gang associate or member" means any person 19
who actively participates in any criminal street gang and who 20
intentionally promotes, furthers, or assists in any criminal act by 21
the criminal street gang. 22
(14) "Criminal street gang-related offense" means any felony or 23
misdemeanor offense, whether in this state or elsewhere, that is 24
committed for the benefit of, at the direction of, or in association 25
with any criminal street gang, or is committed with the intent to 26
promote, further, or assist in any criminal conduct by the gang, or 27
is committed for one or more of the following reasons:28
(a) To gain admission, prestige, or promotion within the gang;29
(b) To increase or maintain the gang's size, membership, 30
prestige, dominance, or control in any geographical area;31
(c) To exact revenge or retribution for the gang or any member of 32
the gang; 33
(d) To obstruct justice, or intimidate or eliminate any witness 34
against the gang or any member of the gang; 35
(e) To directly or indirectly cause any benefit, aggrandizement, 36
gain, profit, or other advantage for the gang, its reputation, 37
influence, or membership; or 38
(f) To provide the gang with any advantage in, or any control or 39
dominance over any criminal market sector, including, but not limited 40
p. 3 HB 1178
to, manufacturing, delivering, or selling any controlled substance 1
(chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen 2
property ( chapter 9A.82 RCW); promoting prostitution ( chapter 9A.88 3
RCW); human trafficking (RCW 9A.40.100); promoting commercial sexual 4
abuse of a minor (RCW 9.68A.101); or promoting pornography ( chapter 5
9.68 RCW). 6
(15) "Day fine" means a fine imposed by the sentencing court that 7
equals the difference between the offender's net daily income and the 8
reasonable obligations that the offender has for the support of the 9
offender and any dependents. 10
(16) "Day reporting" means a program of enhanced supervision 11
designed to monitor the offender's daily activities and compliance 12
with sentence conditions, and in which the offender is required to 13
report daily to a specific location designated by the department or 14
the sentencing court. 15
(17) "Department" means the department of corrections.16
(18) "Determinate sentence" means a sentence that states with 17
exactitude the number of actual years, months, or days of total 18
confinement, of partial confinement, of community custody, the number 19
of actual hours or days of community restitution work, or dollars or 20
terms of a legal financial obligation. The fact that an offender 21
through earned release can reduce the actual period of confinement 22
shall not affect the classification of the sentence as a determinate 23
sentence. 24
(19) "Disposable earnings" means that part of the earnings of an 25
offender remaining after the deduction from those earnings of any 26
amount required by law to be withheld. For the purposes of this 27
definition, "earnings" means compensation paid or payable for 28
personal services, whether denominated as wages, salary, commission, 29
bonuses, or otherwise, and, notwithstanding any other provision of 30
law making the payments exempt from garnishment, attachment, or other 31
process to satisfy a court-ordered legal financial obligation, 32
specifically includes periodic payments pursuant to pension or 33
retirement programs, or insurance policies of any type, but does not 34
include payments made under Title 50 RCW, except as provided in RCW 35
50.40.020 and 50.40.050, or Title 74 RCW. 36
(20)(a) "Domestic violence" has the same meaning as defined in 37
RCW 10.99.020. 38
(b) "Domestic violence" also means: (i) Physical harm, bodily 39
injury, assault, or the infliction of fear of imminent physical harm, 40
p. 4 HB 1178
bodily injury, or assault, sexual assault, or stalking, as defined in 1
RCW 9A.46.110, of one intimate partner by another intimate partner as 2
defined in RCW 10.99.020; or (ii) physical harm, bodily injury, 3
assault, or the infliction of fear of imminent physical harm, bodily 4
injury, or assault, sexual assault, or stalking, as defined in RCW 5
9A.46.110, of one family or household member by another family or 6
household member as defined in RCW 10.99.020. 7
(21) "Drug offender sentencing alternative" is a sentencing 8
option available to persons convicted of a felony offense who are 9
eligible for the option under RCW 9.94A.660. 10
(22) "Drug offense" means: 11
(a) Any felony violation of chapter 69.50 RCW except possession 12
of a controlled substance (RCW 69.50.4013) or forged prescription for 13
a controlled substance (RCW 69.50.403); 14
(b) Any offense defined as a felony under federal law that 15
relates to the possession, manufacture, distribution, or 16
transportation of a controlled substance; or 17
(c) Any out-of-state conviction for an offense that under the 18
laws of this state would be a felony classified as a drug offense 19
under (a) of this subsection. 20
(23) "Earned release" means earned release from confinement as 21
provided in RCW 9.94A.728. 22
(24) "Electronic monitoring" means tracking the location of an 23
individual through the use of technology that is capable of 24
determining or identifying the monitored individual's presence or 25
absence at a particular location including, but not limited to:26
(a) Radio frequency signaling technology, which detects if the 27
monitored individual is or is not at an approved location and 28
notifies the monitoring agency of the time that the monitored 29
individual either leaves the approved location or tampers with or 30
removes the monitoring device; or 31
(b) Active or passive global positioning system technology, which 32
detects the location of the monitored individual and notifies the 33
monitoring agency of the monitored individual's location and which 34
may also include electronic monitoring with victim notification 35
technology that is capable of notifying a victim or protected party, 36
either directly or through a monitoring agency, if the monitored 37
individual enters within the restricted distance of a victim or 38
protected party, or within the restricted distance of a designated 39
location. 40
p. 5 HB 1178
(25) "Escape" means: 1
(a) Sexually violent predator escape (RCW 9A.76.115), escape in 2
the first degree (RCW 9A.76.110), escape in the second degree (RCW 3
9A.76.120), willful failure to return from furlough (RCW 72.66.060), 4
willful failure to return from work release (RCW 72.65.070), or 5
willful failure to be available for supervision by the department 6
while in community custody (RCW 72.09.310); or 7
(b) Any federal or out-of-state conviction for an offense that 8
under the laws of this state would be a felony classified as an 9
escape under (a) of this subsection. 10
(26) "Felony traffic offense" means: 11
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 12
46.61.522), eluding a police officer (RCW 46.61.024), felony hit-and-13
run injury-accident (RCW 46.52.020(4)), felony driving while under 14
the influence of intoxicating liquor or any drug (RCW 46.61.502(6)), 15
or felony physical control of a vehicle while under the influence of 16
intoxicating liquor or any drug (RCW 46.61.504(6)); or17
(b) Any federal or out-of-state conviction for an offense that 18
under the laws of this state would be a felony classified as a felony 19
traffic offense under (a) of this subsection. 20
(27) "Fine" means a specific sum of money ordered by the 21
sentencing court to be paid by the offender to the court over a 22
specific period of time. 23
(28) "First-time offender" means any person who has no prior 24
convictions for a felony and is eligible for the first-time offender 25
waiver under RCW 9.94A.650. 26
(29) "Home detention" is a subset of electronic monitoring and 27
means a program of partial confinement available to offenders wherein 28
the offender is confined in a private residence 24 hours a day, 29
unless an absence from the residence is approved, authorized, or 30
otherwise permitted in the order by the court or other supervising 31
agency that ordered home detention, and the offender is subject to 32
electronic monitoring. 33
(30) "Homelessness" or "homeless" means a condition where an 34
individual lacks a fixed, regular, and adequate nighttime residence 35
and who has a primary nighttime residence that is:36
(a) A supervised, publicly or privately operated shelter designed 37
to provide temporary living accommodations; 38
(b) A public or private place not designed for, or ordinarily 39
used as, a regular sleeping accommodation for human beings; or40
p. 6 HB 1178
(c) A private residence where the individual stays as a transient 1
invitee. 2
(31) "Legal financial obligation" means a sum of money that is 3
ordered by a superior court of the state of Washington for legal 4
financial obligations which may include restitution to the victim, 5
statutorily imposed crime victims' compensation fees as assessed 6
pursuant to RCW 7.68.035, court costs, county or interlocal drug 7
funds, court-appointed attorneys' fees, and costs of defense, fines, 8
and any other financial obligation that is assessed to the offender 9
as a result of a felony conviction. Upon conviction for vehicular 10
assault while under the influence of intoxicating liquor or any drug, 11
RCW 46.61.522(1)(b), or vehicular homicide while under the influence 12
of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal 13
financial obligations may also include payment to a public agency of 14
the expense of an emergency response to the incident resulting in the 15
conviction, subject to RCW 38.52.430. 16
(32) "Most serious offense" means any of the following felonies 17
or a felony attempt to commit any of the following felonies:18
(a) Any felony defined under any law as a class A felony or 19
criminal solicitation of or criminal conspiracy to commit a class A 20
felony; 21
(b) Assault in the second degree; 22
(c) Assault of a child in the second degree; 23
(d) Child molestation in the second degree; 24
(e) Controlled substance homicide; 25
(f) Extortion in the first degree; 26
(g) Incest when committed against a child under age 14;27
(h) Indecent liberties; 28
(i) Kidnapping in the second degree; 29
(j) Leading organized crime; 30
(k) Manslaughter in the first degree; 31
(l) Manslaughter in the second degree; 32
(m) Promoting prostitution in the first degree;33
(n) Rape in the third degree; 34
(o) Sexual exploitation; 35
(p) Vehicular assault, when caused by the operation or driving of 36
a vehicle by a person while under the influence of intoxicating 37
liquor or any drug or by the operation or driving of a vehicle in a 38
reckless manner; 39
p. 7 HB 1178
(q) Vehicular homicide, when proximately caused by the driving of 1
any vehicle by any person while under the influence of intoxicating 2
liquor or any drug as defined by RCW 46.61.502, or by the operation 3
of any vehicle in a reckless manner; 4
(r) Any other class B felony offense with a finding of sexual 5
motivation; 6
(s) Any other felony with a deadly weapon verdict under RCW 7
9.94A.825; 8
(t) Any felony offense in effect at any time prior to December 2, 9
1993, that is comparable to a most serious offense under this 10
subsection, or any federal or out-of-state conviction for an offense 11
that under the laws of this state would be a felony classified as a 12
most serious offense under this subsection; 13
(u)(i) A prior conviction for indecent liberties under RCW 14
9A.44.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. 15
sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), 16
and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 17
9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, 18
until July 1, 1988; 19
(ii) A prior conviction for indecent liberties under RCW 20
9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, 21
if: (A) The crime was committed against a child under the age of 14; 22
or (B) the relationship between the victim and perpetrator is 23
included in the definition of indecent liberties under RCW 24
9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 25
1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 26
1993, through July 27, 1997; 27
(v) Any out-of-state conviction for a felony offense with a 28
finding of sexual motivation if the minimum sentence imposed was 10 29
years or more; provided that the out-of-state felony offense must be 30
comparable to a felony offense under this title and Title 9A RCW and 31
the out-of-state definition of sexual motivation must be comparable 32
to the definition of sexual motivation contained in this section.33
(33) "Nonviolent offense" means an offense which is not a violent 34
offense. 35
(34) "Offender" means a person who has committed a felony 36
established by state law and is 18 years of age or older or is less 37
than 18 years of age but whose case is under superior court 38
jurisdiction under RCW 13.04.030 or has been transferred by the 39
appropriate juvenile court to a criminal court pursuant to RCW 40
p. 8 HB 1178
13.40.110. In addition, for the purpose of community custody 1
requirements under this chapter, "offender" also means a misdemeanant 2
or gross misdemeanant probationer ordered by a superior court to 3
probation pursuant to RCW 9.92.060, 9.95.204, or 9.95.210 and 4
supervised by the department pursuant to RCW 9.94A.501 and 5
9.94A.5011. Throughout this chapter, the terms "offender" and 6
"defendant" are used interchangeably. 7
(35) "Partial confinement" means confinement for no more than one 8
year in a facility or institution operated or utilized under contract 9
by the state or any other unit of government, or, if home detention, 10
electronic monitoring, or work crew has been ordered by the court or 11
home detention has been ordered by the department as part of the 12
parenting program or the graduated reentry program, in an approved 13
residence, for a substantial portion of each day with the balance of 14
the day spent in the community. Partial confinement includes work 15
release, home detention, work crew, electronic monitoring, and a 16
combination of work crew, electronic monitoring, and home detention.17
(36) "Pattern of criminal street gang activity" means:18
(a) The commission, attempt, conspiracy, or solicitation of, or 19
any prior juvenile adjudication of or adult conviction of, two or 20
more of the following criminal street gang-related offenses:21
(i) Any "serious violent" felony offense as defined in this 22
section, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of a 23
Child 1 (RCW 9A.36.120); 24
(ii) Any "violent" offense as defined by this section, excluding 25
Assault of a Child 2 (RCW 9A.36.130); 26
(iii) Deliver or Possession with Intent to Deliver a Controlled 27
Substance (chapter 69.50 RCW); 28
(iv) Any violation of the firearms and dangerous weapon act 29
(chapter 9.41 RCW); 30
(v) Theft of a Firearm (RCW 9A.56.300); 31
(vi) Possession of a Stolen Firearm (RCW 9A.56.310);32
(vii) Hate Crime (RCW 9A.36.080); 33
(viii) Harassment where a subsequent violation or deadly threat 34
is made (RCW 9A.46.020(2)(b)); 35
(ix) Criminal Gang Intimidation (RCW 9A.46.120);36
(x) ((Any felony conviction by a person 18 years of age or older 37
with a special finding of involving a juvenile in a felony offense 38
under RCW 9.94A.833;39
(xi))) Residential Burglary (RCW 9A.52.025); 40
p. 9 HB 1178
(((xii))) (xi) Burglary 2 (RCW 9A.52.030); 1
(((xiii))) (xii) Malicious Mischief 1 (RCW 9A.48.070);2
(((xiv))) (xiii) Malicious Mischief 2 (RCW 9A.48.080);3
(((xv))) (xiv) Theft of a Motor Vehicle (RCW 9A.56.065);4
(((xvi))) (xv) Possession of a Stolen Motor Vehicle (RCW 5
9A.56.068); 6
(((xvii))) (xvi) Taking a Motor Vehicle Without Permission 1 (RCW 7
9A.56.070); 8
(((xviii))) (xvii) Taking a Motor Vehicle Without Permission 2 9
(RCW 9A.56.075); 10
(((xix))) (xviii) Extortion 1 (RCW 9A.56.120);11
(((xx))) (xix) Extortion 2 (RCW 9A.56.130); 12
(((xxi))) (xx) Intimidating a Witness (RCW 9A.72.110);13
(((xxii))) (xxi) Tampering with a Witness (RCW 9A.72.120);14
(((xxiii))) (xxii) Reckless Endangerment (RCW 9A.36.050);15
(((xxiv))) (xxiii) Coercion (RCW 9A.36.070); 16
(((xxv))) (xxiv) Harassment (RCW 9A.46.020); or17
(((xxvi))) (xxv) Malicious Mischief 3 (RCW 9A.48.090);18
(b) That at least one of the offenses listed in (a) of this 19
subsection shall have occurred after July 1, 2008;20
(c) That the most recent committed offense listed in (a) of this 21
subsection occurred within three years of a prior offense listed in 22
(a) of this subsection; and 23
(d) Of the offenses that were committed in (a) of this 24
subsection, the offenses occurred on separate occasions or were 25
committed by two or more persons. 26
(37) "Persistent offender" is an offender who:27
(a)(i) Has been convicted in this state of any felony considered 28
a most serious offense; and 29
(ii) Has, before the commission of the offense under (a) of this 30
subsection, been convicted as an offender on at least two separate 31
occasions, whether in this state or elsewhere, of felonies that under 32
the laws of this state would be considered most serious offenses and 33
would be included in the offender score under RCW 9.94A.525; provided 34
that of the two or more previous convictions, at least one conviction 35
must have occurred before the commission of any of the other most 36
serious offenses for which the offender was previously convicted; or37
(b)(i) Has been convicted of: (A) Rape in the first degree, rape 38
of a child in the first degree, child molestation in the first 39
degree, rape in the second degree, rape of a child in the second 40
p. 10 HB 1178
degree, or indecent liberties by forcible compulsion; (B) any of the 1
following offenses with a finding of sexual motivation: Murder in the 2
first degree, murder in the second degree, homicide by abuse, 3
kidnapping in the first degree, kidnapping in the second degree, 4
assault in the first degree, assault in the second degree, assault of 5
a child in the first degree, assault of a child in the second degree, 6
or burglary in the first degree; or (C) an attempt to commit any 7
crime listed in this subsection (37)(b)(i); and 8
(ii) Has, before the commission of the offense under (b)(i) of 9
this subsection, been convicted as an offender on at least one 10
occasion, whether in this state or elsewhere, of an offense listed in 11
(b)(i) of this subsection or any federal or out-of-state offense or 12
offense under prior Washington law that is comparable to the offenses 13
listed in (b)(i) of this subsection. A conviction for rape of a child 14
in the first degree constitutes a conviction under (b)(i) of this 15
subsection only when the offender was 16 years of age or older when 16
the offender committed the offense. A conviction for rape of a child 17
in the second degree constitutes a conviction under (b)(i) of this 18
subsection only when the offender was 18 years of age or older when 19
the offender committed the offense. 20
(38) "Predatory" means: (a) The perpetrator of the crime was a 21
stranger to the victim, as defined in this section; (b) the 22
perpetrator established or promoted a relationship with the victim 23
prior to the offense and the victimization of the victim was a 24
significant reason the perpetrator established or promoted the 25
relationship; or (c) the perpetrator was: (i) A teacher, counselor, 26
volunteer, or other person in authority in any public or private 27
school and the victim was a student of the school under his or her 28
authority or supervision. For purposes of this subsection, "school" 29
does not include home-based instruction as defined in RCW 30
28A.225.010; (ii) a coach, trainer, volunteer, or other person in 31
authority in any recreational activity and the victim was a 32
participant in the activity under his or her authority or 33
supervision; (iii) a pastor, elder, volunteer, or other person in 34
authority in any church or religious organization, and the victim was 35
a member or participant of the organization under his or her 36
authority; or (iv) a teacher, counselor, volunteer, or other person 37
in authority providing home-based instruction and the victim was a 38
student receiving home-based instruction while under his or her 39
authority or supervision. For purposes of this subsection: (A) "Home-40
p. 11 HB 1178
based instruction" has the same meaning as defined in RCW 1
28A.225.010; and (B) "teacher, counselor, volunteer, or other person 2
in authority" does not include the parent or legal guardian of the 3
victim. 4
(39) "Private school" means a school regulated under chapter 5
28A.195 or 28A.205 RCW. 6
(40) "Public school" has the same meaning as in RCW 28A.150.010.7
(41) "Recidivist offense" means a felony offense where a prior 8
conviction of the same offense or other specified offense is an 9
element of the crime including, but not limited to:10
(a) Assault in the fourth degree where domestic violence is 11
pleaded and proven, RCW 9A.36.041(3); 12
(b) Cyber harassment, RCW 9A.90.120(2)(b)(i); 13
(c) Harassment, RCW 9A.46.020(2)(b)(i); 14
(d) Indecent exposure, RCW 9A.88.010(2)(c); 15
(e) Stalking, RCW 9A.46.110(5)(b) (i) and (iii);16
(f) Telephone harassment, RCW 9.61.230(2)(a); and17
(g) Violation of a no-contact or protection order, RCW 7.105.450 18
or former RCW 26.50.110(5). 19
(42) "Repetitive domestic violence offense" means any:20
(a)(i) Domestic violence assault that is not a felony offense 21
under RCW 9A.36.041; 22
(ii) Domestic violence violation of a no-contact order under 23
chapter 10.99 RCW that is not a felony offense; 24
(iii) Domestic violence violation of a protection order under 25
chapter 26.09, 26.26A, or 26.26B RCW or former chapter 26.50 RCW, or 26
violation of a domestic violence protection order under chapter 7.105 27
RCW, that is not a felony offense; 28
(iv) Domestic violence harassment offense under RCW 9A.46.020 29
that is not a felony offense; or 30
(v) Domestic violence stalking offense under RCW 9A.46.110 that 31
is not a felony offense; or 32
(b) Any federal, out-of-state, tribal court, military, county, or 33
municipal conviction for an offense that under the laws of this state 34
would be classified as a repetitive domestic violence offense under 35
(a) of this subsection. 36
(43) "Restitution" means a specific sum of money ordered by the 37
sentencing court to be paid by the offender to the court over a 38
specified period of time as payment of damages. The sum may include 39
both public and private costs. 40
p. 12 HB 1178
(44) "Risk assessment" means the application of the risk 1
instrument recommended to the department by the Washington state 2
institute for public policy as having the highest degree of 3
predictive accuracy for assessing an offender's risk of reoffense.4
(45) "Serious traffic offense" means: 5
(a) Nonfelony driving while under the influence of intoxicating 6
liquor or any drug (RCW 46.61.502), nonfelony actual physical control 7
while under the influence of intoxicating liquor or any drug (RCW 8
46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an 9
attended vehicle (RCW 46.52.020(5)); or 10
(b) Any federal, out-of-state, county, or municipal conviction 11
for an offense that under the laws of this state would be classified 12
as a serious traffic offense under (a) of this subsection.13
(46) "Serious violent offense" is a subcategory of violent 14
offense and means: 15
(a)(i) Murder in the first degree; 16
(ii) Homicide by abuse; 17
(iii) Murder in the second degree; 18
(iv) Manslaughter in the first degree; 19
(v) Assault in the first degree; 20
(vi) Kidnapping in the first degree; 21
(vii) Rape in the first degree; 22
(viii) Assault of a child in the first degree; or23
(ix) An attempt, criminal solicitation, or criminal conspiracy to 24
commit one of these felonies; or 25
(b) Any federal or out-of-state conviction for an offense that 26
under the laws of this state would be a felony classified as a 27
serious violent offense under (a) of this subsection.28
(47) "Sex offense" means: 29
(a)(i) A felony that is a violation of chapter 9A.44 RCW other 30
than RCW 9A.44.132; 31
(ii) A violation of RCW 9A.64.020; 32
(iii) A felony that is a violation of chapter 9.68A RCW other 33
than RCW 9.68A.080; 34
(iv) A felony that is, under chapter 9A.28 RCW, a criminal 35
attempt, criminal solicitation, or criminal conspiracy to commit such 36
crimes; or 37
(v) A felony violation of RCW 9A.44.132(1) (failure to register 38
as a sex offender) if the person has been convicted of violating RCW 39
p. 13 HB 1178
9A.44.132(1) (failure to register as a sex offender) or 9A.44.130 1
prior to June 10, 2010, on at least one prior occasion;2
(b) Any conviction for a felony offense in effect at any time 3
prior to July 1, 1976, that is comparable to a felony classified as a 4
sex offense in (a) of this subsection; 5
(c) A felony with a finding of sexual motivation under RCW 6
9.94A.835 or 13.40.135; or 7
(d) Any federal or out-of-state conviction for an offense that 8
under the laws of this state would be a felony classified as a sex 9
offense under (a) of this subsection. 10
(48) "Sexual motivation" means that one of the purposes for which 11
the defendant committed the crime was for the purpose of his or her 12
sexual gratification. 13
(49) "Standard sentence range" means the sentencing court's 14
discretionary range in imposing a nonappealable sentence.15
(50) "Statutory maximum sentence" means the maximum length of 16
time for which an offender may be confined as punishment for a crime 17
as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute 18
defining the crime, or other statute defining the maximum penalty for 19
a crime. 20
(51) "Stranger" means that the victim did not know the offender 21
24 hours before the offense. 22
(52) "Total confinement" means confinement inside the physical 23
boundaries of a facility or institution operated or utilized under 24
contract by the state or any other unit of government for 24 hours a 25
day, or pursuant to RCW 72.64.050 and 72.64.060. 26
(53) "Transition training" means written and verbal instructions 27
and assistance provided by the department to the offender during the 28
two weeks prior to the offender's successful completion of the work 29
ethic camp program. The transition training shall include 30
instructions in the offender's requirements and obligations during 31
the offender's period of community custody. 32
(54) "Victim" means any person who has sustained emotional, 33
psychological, physical, or financial injury to person or property as 34
a direct result of the crime charged. 35
(55) "Victim of domestic violence" means an intimate partner or 36
household member who has been subjected to the infliction of physical 37
harm or sexual and psychological abuse by an intimate partner or 38
household member as part of a pattern of assaultive, coercive, and 39
controlling behaviors directed at achieving compliance from or 40
p. 14 HB 1178
control over that intimate partner or household member. Domestic 1
violence includes, but is not limited to, the offenses listed in RCW 2
10.99.020 and 26.50.010 committed by an intimate partner or household 3
member against a victim who is an intimate partner or household 4
member. 5
(56) "Victim of sex trafficking, prostitution, or commercial 6
sexual abuse of a minor" means a person who has been forced or 7
coerced to perform a commercial sex act including, but not limited 8
to, being a victim of offenses defined in RCW 9A.40.100, 9A.88.070, 9
9.68A.101, and the trafficking victims protection act of 2000, 22 10
U.S.C. Sec. 7101 et seq.; or a person who was induced to perform a 11
commercial sex act when they were less than 18 years of age including 12
but not limited to the offenses defined in chapter 9.68A RCW.13
(57) "Victim of sexual assault" means any person who is a victim 14
of a sexual assault offense, nonconsensual sexual conduct, or 15
nonconsensual sexual penetration and as a result suffers physical, 16
emotional, financial, or psychological impacts. Sexual assault 17
offenses include, but are not limited to, the offenses defined in 18
chapter 9A.44 RCW. 19
(58) "Violent offense" means: 20
(a) Any of the following felonies: 21
(i) Any felony defined under any law as a class A felony or an 22
attempt to commit a class A felony; 23
(ii) Criminal solicitation of or criminal conspiracy to commit a 24
class A felony; 25
(iii) Manslaughter in the first degree; 26
(iv) Manslaughter in the second degree; 27
(v) Indecent liberties if committed by forcible compulsion;28
(vi) Kidnapping in the second degree; 29
(vii) Arson in the second degree; 30
(viii) Assault in the second degree; 31
(ix) Assault of a child in the second degree; 32
(x) Extortion in the first degree; 33
(xi) Robbery in the second degree; 34
(xii) Drive-by shooting; 35
(xiii) Vehicular assault, when caused by the operation or driving 36
of a vehicle by a person while under the influence of intoxicating 37
liquor or any drug or by the operation or driving of a vehicle in a 38
reckless manner; and 39
p. 15 HB 1178
(xiv) Vehicular homicide, when proximately caused by the driving 1
of any vehicle by any person while under the influence of 2
intoxicating liquor or any drug as defined by RCW 46.61.502, or by 3
the operation of any vehicle in a reckless manner; 4
(b) Any conviction for a felony offense in effect at any time 5
prior to July 1, 1976, that is comparable to a felony classified as a 6
violent offense in (a) of this subsection; and 7
(c) Any federal or out-of-state conviction for an offense that 8
under the laws of this state would be a felony classified as a 9
violent offense under (a) or (b) of this subsection.10
(59) "Work crew" means a program of partial confinement 11
consisting of civic improvement tasks for the benefit of the 12
community that complies with RCW 9.94A.725. 13
(60) "Work ethic camp" means an alternative incarceration program 14
as provided in RCW 9.94A.690 designed to reduce recidivism and lower 15
the cost of corrections by requiring offenders to complete a 16
comprehensive array of real-world job and vocational experiences, 17
character-building work ethics training, life management skills 18
development, substance abuse rehabilitation, counseling, literacy 19
training, and basic adult education. 20
(61) "Work release" means a program of partial confinement 21
available to offenders who are employed or engaged as a student in a 22
regular course of study at school. 23
Sec. 2. RCW 9.94A.030 and 2024 c 306 s 2 are each amended to 24
read as follows: 25
Unless the context clearly requires otherwise, the definitions in 26
this section apply throughout this chapter. 27
(1) "Board" means the indeterminate sentence review board created 28
under chapter 9.95 RCW. 29
(2) "Collect," or any derivative thereof, "collect and remit," or 30
"collect and deliver," when used with reference to the department, 31
means that the department, either directly or through a collection 32
agreement authorized by RCW 9.94A.760, is responsible for monitoring 33
and enforcing the offender's sentence with regard to the legal 34
financial obligation, receiving payment thereof from the offender, 35
and, consistent with current law, delivering daily the entire payment 36
to the superior court clerk without depositing it in a departmental 37
account. 38
(3) "Commission" means the sentencing guidelines commission.39
p. 16 HB 1178
(4) "Community corrections officer" means an employee of the 1
department who is responsible for carrying out specific duties in 2
supervision of sentenced offenders and monitoring of sentence 3
conditions. 4
(5) "Community custody" means that portion of an offender's 5
sentence of confinement in lieu of earned release time or imposed as 6
part of a sentence under this chapter and served in the community 7
subject to controls placed on the offender's movement and activities 8
by the department. 9
(6) "Community protection zone" means the area within 880 feet of 10
the facilities and grounds of a public or private school.11
(7) "Community restitution" means compulsory service, without 12
compensation, performed for the benefit of the community by the 13
offender. 14
(8) "Confinement" means total or partial confinement.15
(9) "Conviction" means an adjudication of guilt pursuant to Title 16
10 or 13 RCW and includes a verdict of guilty, a finding of guilty, 17
and acceptance of a plea of guilty. 18
(10) "Crime-related prohibition" means an order of a court 19
prohibiting conduct that directly relates to the circumstances of the 20
crime for which the offender has been convicted, and shall not be 21
construed to mean orders directing an offender affirmatively to 22
participate in rehabilitative programs or to otherwise perform 23
affirmative conduct. However, affirmative acts necessary to monitor 24
compliance with the order of a court may be required by the 25
department. 26
(11) "Criminal history" means the list of a defendant's prior 27
convictions and juvenile adjudications, whether in this state, in 28
federal court, or elsewhere, and any issued certificates of 29
restoration of opportunity pursuant to RCW 9.97.020.30
(a) The history shall include, where known, for each conviction 31
(i) whether the defendant has been placed on probation and the length 32
and terms thereof; and (ii) whether the defendant has been 33
incarcerated and the length of incarceration. 34
(b) A conviction may be removed from a defendant's criminal 35
history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 36
9.95.240, or a similar out-of-state statute, or if the conviction has 37
been vacated pursuant to a governor's pardon. However, when a 38
defendant is charged with a recidivist offense, "criminal history" 39
includes a vacated prior conviction for the sole purpose of 40
p. 17 HB 1178
establishing that such vacated prior conviction constitutes an 1
element of the present recidivist offense as provided in RCW 2
9.94A.640(4)(b) and 9.96.060(((7))) (8)(c). 3
(c) The determination of a defendant's criminal history is 4
distinct from the determination of an offender score. A prior 5
conviction that was not included in an offender score calculated 6
pursuant to a former version of the sentencing reform act remains 7
part of the defendant's criminal history. 8
(12) "Criminal street gang" means any ongoing organization, 9
association, or group of three or more persons, whether formal or 10
informal, having a common name or common identifying sign or symbol, 11
having as one of its primary activities the commission of criminal 12
acts, and whose members or associates individually or collectively 13
engage in or have engaged in a pattern of criminal street gang 14
activity. This definition does not apply to employees engaged in 15
concerted activities for their mutual aid and protection, or to the 16
activities of labor and bona fide nonprofit organizations or their 17
members or agents. 18
(13) "Criminal street gang associate or member" means any person 19
who actively participates in any criminal street gang and who 20
intentionally promotes, furthers, or assists in any criminal act by 21
the criminal street gang. 22
(14) "Criminal street gang-related offense" means any felony or 23
misdemeanor offense, whether in this state or elsewhere, that is 24
committed for the benefit of, at the direction of, or in association 25
with any criminal street gang, or is committed with the intent to 26
promote, further, or assist in any criminal conduct by the gang, or 27
is committed for one or more of the following reasons:28
(a) To gain admission, prestige, or promotion within the gang;29
(b) To increase or maintain the gang's size, membership, 30
prestige, dominance, or control in any geographical area;31
(c) To exact revenge or retribution for the gang or any member of 32
the gang; 33
(d) To obstruct justice, or intimidate or eliminate any witness 34
against the gang or any member of the gang; 35
(e) To directly or indirectly cause any benefit, aggrandizement, 36
gain, profit, or other advantage for the gang, its reputation, 37
influence, or membership; or 38
(f) To provide the gang with any advantage in, or any control or 39
dominance over any criminal market sector, including, but not limited 40
p. 18 HB 1178
to, manufacturing, delivering, or selling any controlled substance 1
(chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen 2
property ( chapter 9A.82 RCW); promoting prostitution ( chapter 9A.88 3
RCW); human trafficking (RCW 9A.40.100); promoting commercial sexual 4
abuse of a minor (RCW 9.68A.101); or promoting pornography ( chapter 5
9.68 RCW). 6
(15) "Day fine" means a fine imposed by the sentencing court that 7
equals the difference between the offender's net daily income and the 8
reasonable obligations that the offender has for the support of the 9
offender and any dependents. 10
(16) "Day reporting" means a program of enhanced supervision 11
designed to monitor the offender's daily activities and compliance 12
with sentence conditions, and in which the offender is required to 13
report daily to a specific location designated by the department or 14
the sentencing court. 15
(17) "Department" means the department of corrections.16
(18) "Determinate sentence" means a sentence that states with 17
exactitude the number of actual years, months, or days of total 18
confinement, of partial confinement, of community custody, the number 19
of actual hours or days of community restitution work, or dollars or 20
terms of a legal financial obligation. The fact that an offender 21
through earned release can reduce the actual period of confinement 22
shall not affect the classification of the sentence as a determinate 23
sentence. 24
(19) "Disposable earnings" means that part of the earnings of an 25
offender remaining after the deduction from those earnings of any 26
amount required by law to be withheld. For the purposes of this 27
definition, "earnings" means compensation paid or payable for 28
personal services, whether denominated as wages, salary, commission, 29
bonuses, or otherwise, and, notwithstanding any other provision of 30
law making the payments exempt from garnishment, attachment, or other 31
process to satisfy a court-ordered legal financial obligation, 32
specifically includes periodic payments pursuant to pension or 33
retirement programs, or insurance policies of any type, but does not 34
include payments made under Title 50 RCW, except as provided in RCW 35
50.40.020 and 50.40.050, or Title 74 RCW. 36
(20)(a) "Domestic violence" has the same meaning as defined in 37
RCW 10.99.020. 38
(b) "Domestic violence" also means: (i) Physical harm, bodily 39
injury, assault, or the infliction of fear of imminent physical harm, 40
p. 19 HB 1178
bodily injury, or assault, sexual assault, or stalking, as defined in 1
RCW 9A.46.110, of one intimate partner by another intimate partner as 2
defined in RCW 10.99.020; or (ii) physical harm, bodily injury, 3
assault, or the infliction of fear of imminent physical harm, bodily 4
injury, or assault, sexual assault, or stalking, as defined in RCW 5
9A.46.110, of one family or household member by another family or 6
household member as defined in RCW 10.99.020. 7
(21) "Drug offender sentencing alternative" is a sentencing 8
option available to persons convicted of a felony offense who are 9
eligible for the option under RCW 9.94A.660. 10
(22) "Drug offender sentencing alternative for driving under the 11
influence" is a sentencing option available to persons convicted of 12
felony driving while under the influence of intoxicating liquor or 13
any drug under RCW 46.61.502(6), or felony physical control of a 14
vehicle while under the influence of intoxicating liquor or any drug 15
under RCW 46.61.504(6) who are eligible under RCW 9.94A.661.16
(23) "Drug offense" means: 17
(a) Any felony violation of chapter 69.50 RCW except possession 18
of a controlled substance (RCW 69.50.4013) or forged prescription for 19
a controlled substance (RCW 69.50.403); 20
(b) Any offense defined as a felony under federal law that 21
relates to the possession, manufacture, distribution, or 22
transportation of a controlled substance; or 23
(c) Any out-of-state conviction for an offense that under the 24
laws of this state would be a felony classified as a drug offense 25
under (a) of this subsection. 26
(24) "Earned release" means earned release from confinement as 27
provided in RCW 9.94A.728. 28
(25) "Electronic monitoring" means tracking the location of an 29
individual through the use of technology that is capable of 30
determining or identifying the monitored individual's presence or 31
absence at a particular location including, but not limited to:32
(a) Radio frequency signaling technology, which detects if the 33
monitored individual is or is not at an approved location and 34
notifies the monitoring agency of the time that the monitored 35
individual either leaves the approved location or tampers with or 36
removes the monitoring device; or 37
(b) Active or passive global positioning system technology, which 38
detects the location of the monitored individual and notifies the 39
monitoring agency of the monitored individual's location and which 40
p. 20 HB 1178
may also include electronic monitoring with victim notification 1
technology that is capable of notifying a victim or protected party, 2
either directly or through a monitoring agency, if the monitored 3
individual enters within the restricted distance of a victim or 4
protected party, or within the restricted distance of a designated 5
location. 6
(26) "Escape" means: 7
(a) Sexually violent predator escape (RCW 9A.76.115), escape in 8
the first degree (RCW 9A.76.110), escape in the second degree (RCW 9
9A.76.120), willful failure to return from furlough (RCW 72.66.060), 10
willful failure to return from work release (RCW 72.65.070), or 11
willful failure to be available for supervision by the department 12
while in community custody (RCW 72.09.310); or 13
(b) Any federal or out-of-state conviction for an offense that 14
under the laws of this state would be a felony classified as an 15
escape under (a) of this subsection. 16
(27) "Felony traffic offense" means: 17
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 18
46.61.522), eluding a police officer (RCW 46.61.024), felony hit-and-19
run injury-accident (RCW 46.52.020(4)), felony driving while under 20
the influence of intoxicating liquor or any drug (RCW 46.61.502(6)), 21
or felony physical control of a vehicle while under the influence of 22
intoxicating liquor or any drug (RCW 46.61.504(6)); or23
(b) Any federal or out-of-state conviction for an offense that 24
under the laws of this state would be a felony classified as a felony 25
traffic offense under (a) of this subsection. 26
(28) "Fine" means a specific sum of money ordered by the 27
sentencing court to be paid by the offender to the court over a 28
specific period of time. 29
(29) "First-time offender" means any person who has no prior 30
convictions for a felony and is eligible for the first-time offender 31
waiver under RCW 9.94A.650. 32
(30) "Home detention" is a subset of electronic monitoring and 33
means a program of partial confinement available to offenders wherein 34
the offender is confined in a private residence 24 hours a day, 35
unless an absence from the residence is approved, authorized, or 36
otherwise permitted in the order by the court or other supervising 37
agency that ordered home detention, and the offender is subject to 38
electronic monitoring. 39
p. 21 HB 1178
(31) "Homelessness" or "homeless" means a condition where an 1
individual lacks a fixed, regular, and adequate nighttime residence 2
and who has a primary nighttime residence that is: 3
(a) A supervised, publicly or privately operated shelter designed 4
to provide temporary living accommodations; 5
(b) A public or private place not designed for, or ordinarily 6
used as, a regular sleeping accommodation for human beings; or7
(c) A private residence where the individual stays as a transient 8
invitee. 9
(32) "Legal financial obligation" means a sum of money that is 10
ordered by a superior court of the state of Washington for legal 11
financial obligations which may include restitution to the victim, 12
statutorily imposed crime victims' compensation fees as assessed 13
pursuant to RCW 7.68.035, court costs, county or interlocal drug 14
funds, court-appointed attorneys' fees, and costs of defense, fines, 15
and any other financial obligation that is assessed to the offender 16
as a result of a felony conviction. Upon conviction for vehicular 17
assault while under the influence of intoxicating liquor or any drug, 18
RCW 46.61.522(1)(b), or vehicular homicide while under the influence 19
of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal 20
financial obligations may also include payment to a public agency of 21
the expense of an emergency response to the incident resulting in the 22
conviction, subject to RCW 38.52.430. 23
(33) "Most serious offense" means any of the following felonies 24
or a felony attempt to commit any of the following felonies:25
(a) Any felony defined under any law as a class A felony or 26
criminal solicitation of or criminal conspiracy to commit a class A 27
felony; 28
(b) Assault in the second degree; 29
(c) Assault of a child in the second degree; 30
(d) Child molestation in the second degree; 31
(e) Controlled substance homicide; 32
(f) Extortion in the first degree; 33
(g) Incest when committed against a child under age 14;34
(h) Indecent liberties; 35
(i) Kidnapping in the second degree; 36
(j) Leading organized crime; 37
(k) Manslaughter in the first degree; 38
(l) Manslaughter in the second degree; 39
(m) Promoting prostitution in the first degree;40
p. 22 HB 1178
(n) Rape in the third degree; 1
(o) Sexual exploitation; 2
(p) Vehicular assault, when caused by the operation or driving of 3
a vehicle by a person while under the influence of intoxicating 4
liquor or any drug or by the operation or driving of a vehicle in a 5
reckless manner; 6
(q) Vehicular homicide, when proximately caused by the driving of 7
any vehicle by any person while under the influence of intoxicating 8
liquor or any drug as defined by RCW 46.61.502, or by the operation 9
of any vehicle in a reckless manner; 10
(r) Any other class B felony offense with a finding of sexual 11
motivation; 12
(s) Any other felony with a deadly weapon verdict under RCW 13
9.94A.825; 14
(t) Any felony offense in effect at any time prior to December 2, 15
1993, that is comparable to a most serious offense under this 16
subsection, or any federal or out-of-state conviction for an offense 17
that under the laws of this state would be a felony classified as a 18
most serious offense under this subsection; 19
(u)(i) A prior conviction for indecent liberties under RCW 20
9A.44.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. 21
sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), 22
and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 23
9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, 24
until July 1, 1988; 25
(ii) A prior conviction for indecent liberties under RCW 26
9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, 27
if: (A) The crime was committed against a child under the age of 14; 28
or (B) the relationship between the victim and perpetrator is 29
included in the definition of indecent liberties under RCW 30
9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 31
1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 32
1993, through July 27, 1997; 33
(v) Any out-of-state conviction for a felony offense with a 34
finding of sexual motivation if the minimum sentence imposed was 10 35
years or more; provided that the out-of-state felony offense must be 36
comparable to a felony offense under this title and Title 9A RCW and 37
the out-of-state definition of sexual motivation must be comparable 38
to the definition of sexual motivation contained in this section.39
p. 23 HB 1178
(34) "Nonviolent offense" means an offense which is not a violent 1
offense. 2
(35) "Offender" means a person who has committed a felony 3
established by state law and is 18 years of age or older or is less 4
than 18 years of age but whose case is under superior court 5
jurisdiction under RCW 13.04.030 or has been transferred by the 6
appropriate juvenile court to a criminal court pursuant to RCW 7
13.40.110. In addition, for the purpose of community custody 8
requirements under this chapter, "offender" also means a misdemeanant 9
or gross misdemeanant probationer ordered by a superior court to 10
probation pursuant to RCW 9.92.060, 9.95.204, or 9.95.210 and 11
supervised by the department pursuant to RCW 9.94A.501 and 12
9.94A.5011. Throughout this chapter, the terms "offender" and 13
"defendant" are used interchangeably. 14
(36) "Partial confinement" means confinement for no more than one 15
year in a facility or institution operated or utilized under contract 16
by the state or any other unit of government, or, if home detention, 17
electronic monitoring, or work crew has been ordered by the court or 18
home detention has been ordered by the department as part of the 19
parenting program or the graduated reentry program, in an approved 20
residence, for a substantial portion of each day with the balance of 21
the day spent in the community. Partial confinement includes work 22
release, home detention, work crew, electronic monitoring, and a 23
combination of work crew, electronic monitoring, and home detention.24
(37) "Pattern of criminal street gang activity" means:25
(a) The commission, attempt, conspiracy, or solicitation of, or 26
any prior juvenile adjudication of or adult conviction of, two or 27
more of the following criminal street gang-related offenses:28
(i) Any "serious violent" felony offense as defined in this 29
section, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of a 30
Child 1 (RCW 9A.36.120); 31
(ii) Any "violent" offense as defined by this section, excluding 32
Assault of a Child 2 (RCW 9A.36.130); 33
(iii) Deliver or Possession with Intent to Deliver a Controlled 34
Substance (chapter 69.50 RCW); 35
(iv) Any violation of the firearms and dangerous weapon act 36
(chapter 9.41 RCW); 37
(v) Theft of a Firearm (RCW 9A.56.300); 38
(vi) Possession of a Stolen Firearm (RCW 9A.56.310);39
(vii) Hate Crime (RCW 9A.36.080); 40
p. 24 HB 1178
(viii) Harassment where a subsequent violation or deadly threat 1
is made (RCW 9A.46.020(2)(b)); 2
(ix) Criminal Gang Intimidation (RCW 9A.46.120);3
(x) ((Any felony conviction by a person 18 years of age or older 4
with a special finding of involving a juvenile in a felony offense 5
under RCW 9.94A.833;6
(xi))) Residential Burglary (RCW 9A.52.025); 7
(((xii))) (xi) Burglary 2 (RCW 9A.52.030); 8
(((xiii))) (xii) Malicious Mischief 1 (RCW 9A.48.070);9
(((xiv))) (xiii) Malicious Mischief 2 (RCW 9A.48.080);10
(((xv))) (xiv) Theft of a Motor Vehicle (RCW 9A.56.065);11
(((xvi))) (xv) Possession of a Stolen Motor Vehicle (RCW 12
9A.56.068); 13
(((xvii))) (xvi) Taking a Motor Vehicle Without Permission 1 (RCW 14
9A.56.070); 15
(((xviii))) (xvii) Taking a Motor Vehicle Without Permission 2 16
(RCW 9A.56.075); 17
(((xix))) (xviii) Extortion 1 (RCW 9A.56.120);18
(((xx))) (xix) Extortion 2 (RCW 9A.56.130); 19
(((xxi))) (xx) Intimidating a Witness (RCW 9A.72.110);20
(((xxii))) (xxi) Tampering with a Witness (RCW 9A.72.120);21
(((xxiii))) (xxii) Reckless Endangerment (RCW 9A.36.050);22
(((xxiv))) (xxiii) Coercion (RCW 9A.36.070); 23
(((xxv))) (xxiv) Harassment (RCW 9A.46.020); or24
(((xxvi))) (xxv) Malicious Mischief 3 (RCW 9A.48.090);25
(b) That at least one of the offenses listed in (a) of this 26
subsection shall have occurred after July 1, 2008;27
(c) That the most recent committed offense listed in (a) of this 28
subsection occurred within three years of a prior offense listed in 29
(a) of this subsection; and 30
(d) Of the offenses that were committed in (a) of this 31
subsection, the offenses occurred on separate occasions or were 32
committed by two or more persons. 33
(38) "Persistent offender" is an offender who:34
(a)(i) Has been convicted in this state of any felony considered 35
a most serious offense; and 36
(ii) Has, before the commission of the offense under (a) of this 37
subsection, been convicted as an offender on at least two separate 38
occasions, whether in this state or elsewhere, of felonies that under 39
the laws of this state would be considered most serious offenses and 40
p. 25 HB 1178
would be included in the offender score under RCW 9.94A.525; provided 1
that of the two or more previous convictions, at least one conviction 2
must have occurred before the commission of any of the other most 3
serious offenses for which the offender was previously convicted; or4
(b)(i) Has been convicted of: (A) Rape in the first degree, rape 5
of a child in the first degree, child molestation in the first 6
degree, rape in the second degree, rape of a child in the second 7
degree, or indecent liberties by forcible compulsion; (B) any of the 8
following offenses with a finding of sexual motivation: Murder in the 9
first degree, murder in the second degree, homicide by abuse, 10
kidnapping in the first degree, kidnapping in the second degree, 11
assault in the first degree, assault in the second degree, assault of 12
a child in the first degree, assault of a child in the second degree, 13
or burglary in the first degree; or (C) an attempt to commit any 14
crime listed in this subsection (38)(b)(i); and 15
(ii) Has, before the commission of the offense under (b)(i) of 16
this subsection, been convicted as an offender on at least one 17
occasion, whether in this state or elsewhere, of an offense listed in 18
(b)(i) of this subsection or any federal or out-of-state offense or 19
offense under prior Washington law that is comparable to the offenses 20
listed in (b)(i) of this subsection. A conviction for rape of a child 21
in the first degree constitutes a conviction under (b)(i) of this 22
subsection only when the offender was 16 years of age or older when 23
the offender committed the offense. A conviction for rape of a child 24
in the second degree constitutes a conviction under (b)(i) of this 25
subsection only when the offender was 18 years of age or older when 26
the offender committed the offense. 27
(39) "Predatory" means: (a) The perpetrator of the crime was a 28
stranger to the victim, as defined in this section; (b) the 29
perpetrator established or promoted a relationship with the victim 30
prior to the offense and the victimization of the victim was a 31
significant reason the perpetrator established or promoted the 32
relationship; or (c) the perpetrator was: (i) A teacher, counselor, 33
volunteer, or other person in authority in any public or private 34
school and the victim was a student of the school under his or her 35
authority or supervision. For purposes of this subsection, "school" 36
does not include home-based instruction as defined in RCW 37
28A.225.010; (ii) a coach, trainer, volunteer, or other person in 38
authority in any recreational activity and the victim was a 39
participant in the activity under his or her authority or 40
p. 26 HB 1178
supervision; (iii) a pastor, elder, volunteer, or other person in 1
authority in any church or religious organization, and the victim was 2
a member or participant of the organization under his or her 3
authority; or (iv) a teacher, counselor, volunteer, or other person 4
in authority providing home-based instruction and the victim was a 5
student receiving home-based instruction while under his or her 6
authority or supervision. For purposes of this subsection: (A) "Home-7
based instruction" has the same meaning as defined in RCW 8
28A.225.010; and (B) "teacher, counselor, volunteer, or other person 9
in authority" does not include the parent or legal guardian of the 10
victim. 11
(40) "Private school" means a school regulated under chapter 12
28A.195 or 28A.205 RCW. 13
(41) "Public school" has the same meaning as in RCW 28A.150.010.14
(42) "Recidivist offense" means a felony offense where a prior 15
conviction of the same offense or other specified offense is an 16
element of the crime including, but not limited to:17
(a) Assault in the fourth degree where domestic violence is 18
pleaded and proven, RCW 9A.36.041(3); 19
(b) Cyber harassment, RCW 9A.90.120(2)(b)(i); 20
(c) Harassment, RCW 9A.46.020(2)(b)(i); 21
(d) Indecent exposure, RCW 9A.88.010(2)(c); 22
(e) Stalking, RCW 9A.46.110(5)(b) (i) and (iii);23
(f) Telephone harassment, RCW 9.61.230(2)(a); and24
(g) Violation of a no-contact or protection order, RCW 7.105.450 25
or former RCW 26.50.110(5). 26
(43) "Repetitive domestic violence offense" means any:27
(a)(i) Domestic violence assault that is not a felony offense 28
under RCW 9A.36.041; 29
(ii) Domestic violence violation of a no-contact order under 30
chapter 10.99 RCW that is not a felony offense; 31
(iii) Domestic violence violation of a protection order under 32
chapter 26.09, 26.26A, or 26.26B RCW or former chapter 26.50 RCW, or 33
violation of a domestic violence protection order under chapter 7.105 34
RCW, that is not a felony offense; 35
(iv) Domestic violence harassment offense under RCW 9A.46.020 36
that is not a felony offense; or 37
(v) Domestic violence stalking offense under RCW 9A.46.110 that 38
is not a felony offense; or 39
p. 27 HB 1178
(b) Any federal, out-of-state, tribal court, military, county, or 1
municipal conviction for an offense that under the laws of this state 2
would be classified as a repetitive domestic violence offense under 3
(a) of this subsection. 4
(44) "Restitution" means a specific sum of money ordered by the 5
sentencing court to be paid by the offender to the court over a 6
specified period of time as payment of damages. The sum may include 7
both public and private costs. 8
(45) "Risk assessment" means the application of the risk 9
instrument recommended to the department by the Washington state 10
institute for public policy as having the highest degree of 11
predictive accuracy for assessing an offender's risk of reoffense.12
(46) "Serious traffic offense" means: 13
(a)(i) Nonfelony driving while under the influence of 14
intoxicating liquor or any drug (RCW 46.61.502); 15
(ii) Nonfelony actual physical control while under the influence 16
of intoxicating liquor or any drug (RCW 46.61.504);17
(iii) Reckless driving (RCW 46.61.500); 18
(iv) Negligent driving if the conviction is the result of a 19
charge that was originally filed as a violation of RCW 46.61.502 or 20
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 21
46.61.522 while under the influence of intoxicating liquor or any 22
drug (RCW 46.61.5249); 23
(v) Reckless endangerment if the conviction is the result of a 24
charge that was originally filed as a violation of RCW 46.61.502 or 25
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 26
46.61.522 while under the influence of intoxicating liquor or any 27
drug (RCW 9A.36.050); or 28
(vi) Hit-and-run an attended vehicle (RCW 46.52.020(5)); or29
(b) Any federal, out-of-state, county, or municipal conviction 30
for an offense that under the laws of this state would be classified 31
as a serious traffic offense under (a) of this subsection.32
(c) This definition applies for the purpose of a personal 33
driver's license only and does not apply to violations related to a 34
commercial motor vehicle under RCW 46.25.090. 35
(47) "Serious violent offense" is a subcategory of violent 36
offense and means: 37
(a)(i) Murder in the first degree; 38
(ii) Homicide by abuse; 39
(iii) Murder in the second degree; 40
p. 28 HB 1178
(iv) Manslaughter in the first degree; 1
(v) Assault in the first degree; 2
(vi) Kidnapping in the first degree; 3
(vii) Rape in the first degree; 4
(viii) Assault of a child in the first degree; or5
(ix) An attempt, criminal solicitation, or criminal conspiracy to 6
commit one of these felonies; or 7
(b) Any federal or out-of-state conviction for an offense that 8
under the laws of this state would be a felony classified as a 9
serious violent offense under (a) of this subsection.10
(48) "Sex offense" means: 11
(a)(i) A felony that is a violation of chapter 9A.44 RCW other 12
than RCW 9A.44.132; 13
(ii) A violation of RCW 9A.64.020; 14
(iii) A felony that is a violation of chapter 9.68A RCW other 15
than RCW 9.68A.080; 16
(iv) A felony that is, under chapter 9A.28 RCW, a criminal 17
attempt, criminal solicitation, or criminal conspiracy to commit such 18
crimes; or 19
(v) A felony violation of RCW 9A.44.132(1) (failure to register 20
as a sex offender) if the person has been convicted of violating RCW 21
9A.44.132(1) (failure to register as a sex offender) or 9A.44.130 22
prior to June 10, 2010, on at least one prior occasion;23
(b) Any conviction for a felony offense in effect at any time 24
prior to July 1, 1976, that is comparable to a felony classified as a 25
sex offense in (a) of this subsection; 26
(c) A felony with a finding of sexual motivation under RCW 27
9.94A.835 or 13.40.135; or 28
(d) Any federal or out-of-state conviction for an offense that 29
under the laws of this state would be a felony classified as a sex 30
offense under (a) of this subsection. 31
(49) "Sexual motivation" means that one of the purposes for which 32
the defendant committed the crime was for the purpose of his or her 33
sexual gratification. 34
(50) "Standard sentence range" means the sentencing court's 35
discretionary range in imposing a nonappealable sentence.36
(51) "Statutory maximum sentence" means the maximum length of 37
time for which an offender may be confined as punishment for a crime 38
as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute 39
p. 29 HB 1178
defining the crime, or other statute defining the maximum penalty for 1
a crime. 2
(52) "Stranger" means that the victim did not know the offender 3
24 hours before the offense. 4
(53) "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
(54) "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
(55) "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
(56) "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
(57) "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
(58) "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. 30 HB 1178
offenses include, but are not limited to, the offenses defined in 1
chapter 9A.44 RCW. 2
(59) "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;26
(b) Any conviction for a felony offense in effect at any time 27
prior to July 1, 1976, that is comparable to a felony classified as a 28
violent offense in (a) of this subsection; and 29
(c) 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 31
violent offense under (a) or (b) of this subsection.32
(60) "Work crew" means a program of partial confinement 33
consisting of civic improvement tasks for the benefit of the 34
community that complies with RCW 9.94A.725. 35
(61) "Work ethic camp" means an alternative incarceration program 36
as provided in RCW 9.94A.690 designed to reduce recidivism and lower 37
the cost of corrections by requiring offenders to complete a 38
comprehensive array of real-world job and vocational experiences, 39
character-building work ethics training, life management skills 40
p. 31 HB 1178
development, substance abuse rehabilitation, counseling, literacy 1
training, and basic adult education. 2
(62) "Work release" means a program of partial confinement 3
available to offenders who are employed or engaged as a student in a 4
regular course of study at school. 5
Sec. 3. RCW 9.94A.533 and 2024 c 301 s 28 are each amended to 6
read as follows: 7
(1) The provisions of this section apply to the standard sentence 8
ranges determined by RCW 9.94A.510 or 9.94A.517. 9
(2) For persons convicted of the anticipatory offenses of 10
criminal attempt, solicitation, or conspiracy under chapter 9A.28 11
RCW, the standard sentence range is determined by locating the 12
sentencing grid sentence range defined by the appropriate offender 13
score and the seriousness level of the completed crime, and 14
multiplying the range by ((seventy-five)) 75 percent.15
(3) The following additional times shall be added to the standard 16
sentence range for felony crimes committed after July 23, 1995, if 17
the offender or an accomplice was armed with a firearm as defined in 18
RCW 9.41.010 and the offender is being sentenced for one of the 19
crimes listed in this subsection as eligible for any firearm 20
enhancements based on the classification of the completed felony 21
crime. If the offender is being sentenced for more than one offense, 22
the firearm enhancement or enhancements must be added to the total 23
period of confinement for all offenses, regardless of which 24
underlying offense is subject to a firearm enhancement. If the 25
offender or an accomplice was armed with a firearm as defined in RCW 26
9.41.010 and the offender is being sentenced for an anticipatory 27
offense under chapter 9A.28 RCW to commit one of the crimes listed in 28
this subsection as eligible for any firearm enhancements, the 29
following additional times shall be added to the standard sentence 30
range determined under subsection (2) of this section based on the 31
felony crime of conviction as classified under RCW 9A.28.020:32
(a) Five years for any felony defined under any law as a class A 33
felony or with a statutory maximum sentence of at least ((twenty)) 20 34
years, or both, and not covered under (f) of this subsection;35
(b) Three years for any felony defined under any law as a class B 36
felony or with a statutory maximum sentence of ((ten)) 10 years, or 37
both, and not covered under (f) of this subsection;38
p. 32 HB 1178
(c) Eighteen months for any felony defined under any law as a 1
class C felony or with a statutory maximum sentence of five years, or 2
both, and not covered under (f) of this subsection;3
(d) If the offender is being sentenced for any firearm 4
enhancements under (a), (b), and/or (c) of this subsection and the 5
offender has previously been sentenced for any deadly weapon 6
enhancements after July 23, 1995, under (a), (b), and/or (c) of this 7
subsection or subsection (4)(a), (b), and/or (c) of this section, or 8
both, all firearm enhancements under this subsection shall be twice 9
the amount of the enhancement listed; 10
(e)(i) Notwithstanding any other provision of law, all firearm 11
enhancements under this section are mandatory ((, shall be served in 12
total confinement, and shall run consecutively to all other 13
sentencing provisions, including other firearm or deadly weapon 14
enhancements, for all offenses sentenced under this chapter. However, 15
whether)). For any person sentenced to multiple firearm or deadly 16
weapon enhancements on or after the effective date of this section, 17
the court may order the enhancements to run consecutively.18
(ii) Whether or not a mandatory minimum term has expired, an 19
offender serving a sentence under this subsection may be:20
(((i))) (A) Granted an extraordinary medical placement when 21
authorized under RCW 9.94A.728(1)(c); or 22
(((ii))) (B) Released under the provisions of RCW 9.94A.730;23
(f) The firearm enhancements in this section shall apply to all 24
felony crimes except the following: Possession of a machine gun or 25
bump-fire stock, possessing a stolen firearm, drive-by shooting, 26
theft of a firearm, unlawful possession of a firearm in the first and 27
second degree, and use of a machine gun or bump-fire stock in a 28
felony; 29
(g) If the standard sentence range under this section exceeds the 30
statutory maximum sentence for the offense, the statutory maximum 31
sentence shall be the presumptive sentence unless the offender is a 32
persistent offender. ((If the addition of a firearm enhancement 33
increases the sentence so that it would exceed the statutory maximum 34
for the offense, the portion of the sentence representing the 35
enhancement may not be reduced.))36
(4) The following additional times shall be added to the standard 37
sentence range for felony crimes committed after July 23, 1995, if 38
the offender or an accomplice was armed with a deadly weapon other 39
than a firearm as defined in RCW 9.41.010 and the offender is being 40
p. 33 HB 1178
sentenced for one of the crimes listed in this subsection as eligible 1
for any deadly weapon enhancements based on the classification of the 2
completed felony crime. If the offender is being sentenced for more 3
than one offense, the deadly weapon enhancement or enhancements must 4
be added to the total period of confinement for all offenses, 5
regardless of which underlying offense is subject to a deadly weapon 6
enhancement. If the offender or an accomplice was armed with a deadly 7
weapon other than a firearm as defined in RCW 9.41.010 and the 8
offender is being sentenced for an anticipatory offense under chapter 9
9A.28 RCW to commit one of the crimes listed in this subsection as 10
eligible for any deadly weapon enhancements, the following additional 11
times shall be added to the standard sentence range determined under 12
subsection (2) of this section based on the felony crime of 13
conviction as classified under RCW 9A.28.020: 14
(a) Two years for any felony defined under any law as a class A 15
felony or with a statutory maximum sentence of at least ((twenty)) 20 16
years, or both, and not covered under (f) of this subsection;17
(b) One year for any felony defined under any law as a class B 18
felony or with a statutory maximum sentence of ((ten)) 10 years, or 19
both, and not covered under (f) of this subsection;20
(c) Six months for any felony defined under any law as a class C 21
felony or with a statutory maximum sentence of five years, or both, 22
and not covered under (f) of this subsection; 23
(d) If the offender is being sentenced under (a), (b), and/or (c) 24
of this subsection for any deadly weapon enhancements and the 25
offender has previously been sentenced for any deadly weapon 26
enhancements after July 23, 1995, under (a), (b), and/or (c) of this 27
subsection or subsection (3)(a), (b), and/or (c) of this section, or 28
both, all deadly weapon enhancements under this subsection shall be 29
twice the amount of the enhancement listed; 30
(e)(i) Notwithstanding any other provision of law, all deadly 31
weapon enhancements under this section are mandatory ((, shall be 32
served in total confinement, and shall run consecutively to all other 33
sentencing provisions, including other firearm or deadly weapon 34
enhancements, for all offenses sentenced under this chapter. However, 35
whether)). For any person sentenced to multiple firearm or deadly 36
weapon enhancements on or after the effective date of this section, 37
the court may order the enhancements to run consecutively.38
(ii) Whether or not a mandatory minimum term has expired, an 39
offender serving a sentence under this subsection may be:40
p. 34 HB 1178
(((i))) (A) Granted an extraordinary medical placement when 1
authorized under RCW 9.94A.728(1)(c); or 2
(((ii))) (B) Released under the provisions of RCW 9.94A.730;3
(f) The deadly weapon enhancements in this section shall apply to 4
all felony crimes except the following: Possession of a machine gun 5
or bump-fire stock, possessing a stolen firearm, drive-by shooting, 6
theft of a firearm, unlawful possession of a firearm in the first and 7
second degree, and use of a machine gun or bump-fire stock in a 8
felony; 9
(g) If the standard sentence range under this section exceeds the 10
statutory maximum sentence for the offense, the statutory maximum 11
sentence shall be the presumptive sentence unless the offender is a 12
persistent offender. ((If the addition of a deadly weapon enhancement 13
increases the sentence so that it would exceed the statutory maximum 14
for the offense, the portion of the sentence representing the 15
enhancement may not be reduced.))16
(5) The following additional times shall be added to the standard 17
sentence range if the offender or an accomplice committed the offense 18
while in a county jail or state correctional facility and the 19
offender is being sentenced for one of the crimes listed in this 20
subsection. If the offender or an accomplice committed one of the 21
crimes listed in this subsection while in a county jail or state 22
correctional facility, and the offender is being sentenced for an 23
anticipatory offense under chapter 9A.28 RCW to commit one of the 24
crimes listed in this subsection, the following additional times 25
shall be added to the standard sentence range determined under 26
subsection (2) of this section: 27
(a) Eighteen months for offenses committed under RCW 69.50.401(2) 28
(a) or (b) or 69.50.410; 29
(b) Fifteen months for offenses committed under RCW 69.50.401(2) 30
(c), (d), or (e); 31
(c) Twelve months for offenses committed under RCW 69.50.4013.32
For the purposes of this subsection, all of the real property of 33
a state correctional facility or county jail shall be deemed to be 34
part of that facility or county jail. 35
(6) An additional ((twenty-four)) 24 months shall be added to the 36
standard sentence range for any ranked offense involving a violation 37
of chapter 69.50 RCW if the offense was also a violation of RCW 38
((69.50.435 or)) 9.94A.827. ((All enhancements under this subsection 39
p. 35 HB 1178
shall run consecutively to all other sentencing provisions, for all 1
offenses sentenced under this chapter.))2
(7) An additional two years shall be added to the standard 3
sentence range for vehicular homicide committed while under the 4
influence of intoxicating liquor or any drug as defined by RCW 5
46.61.502 for each prior offense as defined in RCW 46.61.5055.6
Notwithstanding any other provision of law, all impaired driving 7
enhancements under this subsection are mandatory ((, shall be served 8
in total confinement, )) and shall run consecutively to all other 9
sentencing provisions, including other impaired driving enhancements, 10
for all offenses sentenced under this chapter. If the offender has 11
been convicted of two or more prior offenses as defined in RCW 12
46.61.5055, or has been convicted of one or more vehicular homicide 13
offenses while under the influence of intoxicating liquor or other 14
drug as defined in RCW 46.61.520(1)(a), all enhancements in this 15
subsection must be served in total confinement.16
An offender serving a sentence under this subsection may be 17
granted an extraordinary medical placement when authorized under RCW 18
9.94A.728(1)(c). 19
(8)(a) The following additional times shall be added to the 20
standard sentence range for felony crimes committed on or after July 21
1, 2006, if the offense was committed with sexual motivation, as that 22
term is defined in RCW 9.94A.030. If the offender is being sentenced 23
for more than one offense, the sexual motivation enhancement must be 24
added to the total period of ((total)) confinement for all offenses, 25
regardless of which underlying offense is subject to a sexual 26
motivation enhancement. If the offender committed the offense with 27
sexual motivation and the offender is being sentenced for an 28
anticipatory offense under chapter 9A.28 RCW, the following 29
additional times shall be added to the standard sentence range 30
determined under subsection (2) of this section based on the felony 31
crime of conviction as classified under RCW 9A.28.020:32
(i) Two years for any felony defined under the law as a class A 33
felony or with a statutory maximum sentence of at least ((twenty)) 20 34
years, or both; 35
(ii) Eighteen months for any felony defined under any law as a 36
class B felony or with a statutory maximum sentence of ((ten)) 10 37
years, or both; 38
(iii) One year for any felony defined under any law as a class C 39
felony or with a statutory maximum sentence of five years, or both;40
p. 36 HB 1178
(iv) If the offender is being sentenced for any sexual motivation 1
enhancements under (a)(i), (ii), and/or (iii) of this subsection and 2
the offender has previously been sentenced for any sexual motivation 3
enhancements on or after July 1, 2006, under (a)(i), (ii), and/or 4
(iii) of this subsection, all sexual motivation enhancements under 5
this subsection shall be twice the amount of the enhancement listed;6
(b) Notwithstanding any other provision of law, all sexual 7
motivation enhancements under this subsection are mandatory ((, shall 8
be served in total confinement, )) and shall run consecutively to all 9
other sentencing provisions, including other sexual motivation 10
enhancements, for all offenses sentenced under this chapter. However, 11
whether or not a mandatory minimum term has expired, an offender 12
serving a sentence under this subsection may be: 13
(i) Granted an extraordinary medical placement when authorized 14
under RCW 9.94A.728(1)(c); or 15
(ii) Released under the provisions of RCW 9.94A.730;16
(c) The sexual motivation enhancements in this subsection apply 17
to all felony crimes; 18
(d) If the standard sentence range under this subsection exceeds 19
the statutory maximum sentence for the offense, the statutory maximum 20
sentence shall be the presumptive sentence unless the offender is a 21
persistent offender ((. If the addition of a sexual motivation 22
enhancement increases the sentence so that it would exceed the 23
statutory maximum for the offense, the portion of the sentence 24
representing the enhancement may not be reduced));25
(e) ((The portion of the total confinement sentence which the 26
offender must serve under this subsection shall be calculated before 27
any earned early release time is credited to the offender;28
(f))) Nothing in this subsection prevents a sentencing court from 29
imposing a sentence outside the standard sentence range pursuant to 30
RCW 9.94A.535. 31
(9) An additional one -year enhancement shall be added to the 32
standard sentence range for the felony crimes of RCW 9A.44.073, 33
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089 committed on 34
or after July 22, 2007, if the offender engaged, agreed, or offered 35
to engage the victim in the sexual conduct in return for a fee. If 36
the offender is being sentenced for more than one offense, the 37
one-year enhancement must be added to the total period of ((total)) 38
confinement for all offenses, regardless of which underlying offense 39
is subject to the enhancement. If the offender is being sentenced for 40
p. 37 HB 1178
an anticipatory offense for the felony crimes of RCW 9A.44.073, 1
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, and the 2
offender attempted, solicited another, or conspired to engage, agree, 3
or offer to engage the victim in the sexual conduct in return for a 4
fee, an additional one -year enhancement shall be added to the 5
standard sentence range determined under subsection (2) of this 6
section. For purposes of this subsection, "sexual conduct" means 7
sexual intercourse or sexual contact, both as defined in chapter 8
9A.44 RCW. 9
(10)(((a) For a person age eighteen or older convicted of any 10
criminal street gang-related felony offense for which the person 11
compensated, threatened, or solicited a minor in order to involve the 12
minor in the commission of the felony offense, the standard sentence 13
range is determined by locating the sentencing grid sentence range 14
defined by the appropriate offender score and the seriousness level 15
of the completed crime, and multiplying the range by one hundred 16
twenty-five percent. If the standard sentence range under this 17
subsection exceeds the statutory maximum sentence for the offense, 18
the statutory maximum sentence is the presumptive sentence unless the 19
offender is a persistent offender.20
(b) This subsection does not apply to any criminal street gang-21
related felony offense for which involving a minor in the commission 22
of the felony offense is an element of the offense.23
(c) The increased penalty specified in (a) of this subsection is 24
unavailable in the event that the prosecution gives notice that it 25
will seek an exceptional sentence based on an aggravating factor 26
under RCW 9.94A.535.27
(11))) An additional ((twelve)) 12 months and one day shall be 28
added to the standard sentence range for a conviction of attempting 29
to elude a police vehicle as defined by RCW 46.61.024, if the 30
conviction included a finding by special allegation of endangering 31
one or more persons under RCW 9.94A.834. 32
(((12))) (11) An additional ((twelve)) 12 months shall be added 33
to the standard sentence range for an offense that is also a 34
violation of RCW 9.94A.831. 35
(((13))) (12) An additional ((twelve)) 12 months shall be added 36
to the standard sentence range for vehicular homicide committed while 37
under the influence of intoxicating liquor or any drug as defined by 38
RCW 46.61.520 or for vehicular assault committed while under the 39
influence of intoxicating liquor or any drug as defined by RCW 40
p. 38 HB 1178
46.61.522, or for any felony driving under the influence (RCW 1
46.61.502(6)) or felony physical control under the influence (RCW 2
46.61.504(6)) for each child passenger under the age of ((sixteen)) 3
16 who is an occupant in the defendant's vehicle. These enhancements 4
shall be mandatory ((, shall be served in total confinement, )) and 5
shall run consecutively to all other sentencing provisions, including 6
other minor child enhancements, for all offenses sentenced under this 7
chapter. ((If the addition of a minor child enhancement increases the 8
sentence so that it would exceed the statutory maximum for the 9
offense, the portion of the sentence representing the enhancement 10
shall be mandatory, shall be served in total confinement, and shall 11
run consecutively to all other sentencing provisions. )) If the 12
offender has been convicted of two or more prior offenses as defined 13
in RCW 46.61.5055, or has been convicted of one or more vehicular 14
homicide offenses while under the influence of intoxicating liquor or 15
other drug as defined in RCW 46.61.520(1)(a), all enhancements in 16
this subsection must be served in total confinement.17
(((14))) (13) An additional ((twelve)) 12 months shall be added 18
to the standard sentence range for an offense that is also a 19
violation of RCW 9.94A.832. 20
(((15))) (14) An additional 12 months may, at the discretion of 21
the court, be added to the standard sentence range for an offense 22
that is also a violation of RCW 9.94A.828. 23
(((16))) (15) Regardless of any provisions in this section, if a 24
person is being sentenced in adult court for a crime committed under 25
age ((eighteen)) 18, the court has full discretion to depart from 26
mandatory sentencing enhancements and to take the particular 27
circumstances surrounding the defendant's youth into account.28
Sec. 4. RCW 9.94A.599 and 1998 c 235 s 3 are each amended to 29
read as follows: 30
If the presumptive sentence duration given in the sentencing grid 31
exceeds the statutory maximum sentence for the offense, the statutory 32
maximum sentence shall be the presumptive sentence. ((If the addition 33
of a firearm or deadly weapon enhancement increases the sentence so 34
that it would exceed the statutory maximum for the offense, the 35
portion of the sentence representing the enhancement may not be 36
reduced.))37
p. 39 HB 1178
Sec. 5. RCW 9.94A.729 and 2022 c 29 s 1 are each amended to read 1
as follows: 2
(1)(a) The term of the sentence of an offender committed to a 3
correctional facility operated by the department may be reduced by 4
earned release time in accordance with procedures that shall be 5
developed and adopted by the correctional agency having jurisdiction 6
in which the offender is confined. The earned release time shall be 7
for good behavior and good performance, as determined by the 8
correctional agency having jurisdiction. The correctional agency 9
shall not credit the offender with earned release credits in advance 10
of the offender actually earning the credits. 11
(b) Any program established pursuant to this section shall allow 12
an offender to earn early release credits for presentence 13
incarceration. If an offender is transferred from a county jail to 14
the department, the administrator of a county jail facility shall 15
certify to the department the amount of time spent in custody at the 16
facility and the number of days of early release credits lost or not 17
earned. The department may approve a jail certification from a 18
correctional agency that calculates early release time based on the 19
actual amount of confinement time served by the offender before 20
sentencing when an erroneous calculation of confinement time served 21
by the offender before sentencing appears on the judgment and 22
sentence. The department must adjust an offender's rate of early 23
release listed on the jail certification to be consistent with the 24
rate applicable to offenders in the department's facilities. However, 25
the department is not authorized to adjust the number of presentence 26
early release days that the jail has certified as lost or not earned.27
(2)(((a) An offender who has been convicted of a felony committed 28
after July 23, 1995, that involves any applicable deadly weapon 29
enhancements under RCW 9.94A.533 (3) or (4), or both, shall not 30
receive any good time credits or earned release time for that portion 31
of his or her sentence that results from any deadly weapon 32
enhancements.33
(b) An offender whose sentence includes any impaired driving 34
enhancements under RCW 9.94A.533(7), minor child enhancements under 35
RCW 9.94A.533(13), or both, shall not receive any good time credits 36
or earned release time for any portion of his or her sentence that 37
results from those enhancements.38
(3))) An offender may earn early release time as follows:39
p. 40 HB 1178
(a) In the case of an offender sentenced pursuant to RCW 1
10.95.030(((3))) (2) or 10.95.035, the offender may not receive any 2
earned early release time during the minimum term of confinement 3
imposed by the court; for any remaining portion of the sentence 4
served by the offender, the aggregate earned release time may not 5
exceed 10 percent of the sentence. 6
(b) In the case of an offender convicted of a serious violent 7
offense, or a sex offense that is a class A felony, committed on or 8
after July 1, 1990, and before July 1, 2003, the aggregate earned 9
release time may not exceed 15 percent of the sentence.10
(c) In the case of an offender convicted of a serious violent 11
offense, or a sex offense that is a class A felony, committed on or 12
after July 1, 2003, the aggregate earned release time may not exceed 13
10 percent of the sentence. 14
(d) An offender is qualified to earn up to 50 percent of 15
aggregate earned release time if he or she: 16
(i) Is not classified as an offender who is at a high risk to 17
reoffend as provided in subsection (((4))) (3) of this section;18
(ii) Is not confined pursuant to a sentence for:19
(A) A sex offense; 20
(B) A violent offense; 21
(C) A crime against persons as defined in RCW 9.94A.411;22
(D) A felony that is domestic violence as defined in RCW 23
10.99.020; 24
(E) A violation of RCW 9A.52.025 (residential burglary);25
(F) A violation of, or an attempt, solicitation, or conspiracy to 26
violate, RCW 69.50.401 by manufacture or delivery or possession with 27
intent to deliver methamphetamine; or 28
(G) A violation of, or an attempt, solicitation, or conspiracy to 29
violate, RCW 69.50.406 (delivery of a controlled substance to a 30
minor); 31
(iii) Has no prior conviction for the offenses listed in (d)(ii) 32
of this subsection; 33
(iv) Participates in programming or activities as directed by the 34
offender's individual reentry plan as provided under RCW 72.09.270 to 35
the extent that such programming or activities are made available by 36
the department; and 37
(v) Has not committed a new felony after July 22, 2007, while 38
under community custody. 39
p. 41 HB 1178
(e) In no other case shall the aggregate earned release time 1
exceed one-third of the total sentence. 2
(((4))) (3) The department shall perform a risk assessment of 3
each offender who may qualify for earned early release under 4
subsection (((3))) (2)(d) of this section utilizing the risk 5
assessment tool recommended by the Washington state institute for 6
public policy. Subsection (((3))) (2)(d) of this section does not 7
apply to offenders convicted after July 1, 2010. 8
(((5))) (4)(a) A person who is eligible for earned early release 9
as provided in this section and who will be supervised by the 10
department pursuant to RCW 9.94A.501 or 9.94A.5011, shall be 11
transferred to community custody in lieu of earned release time;12
(b) The department shall, as a part of its program for release to 13
the community in lieu of earned release, require the offender to 14
propose a release plan that includes an approved residence and living 15
arrangement. All offenders with community custody terms eligible for 16
release to community custody in lieu of earned release shall provide 17
an approved residence and living arrangement prior to release to the 18
community; 19
(c) The department may deny transfer to community custody in lieu 20
of earned release time if the department determines an offender's 21
release plan, including proposed residence location and living 22
arrangements, may violate the conditions of the sentence or 23
conditions of supervision, place the offender at risk to violate the 24
conditions of the sentence, place the offender at risk to reoffend, 25
or present a risk to victim safety or community safety. The 26
department's authority under this section is independent of any 27
court-ordered condition of sentence or statutory provision regarding 28
conditions for community custody; 29
(d) If the department is unable to approve the offender's release 30
plan, the department may do one or more of the following:31
(i) Transfer an offender to partial confinement in lieu of earned 32
early release for a period not to exceed three months. The three 33
months in partial confinement is in addition to that portion of the 34
offender's term of confinement that may be served in partial 35
confinement as provided in RCW 9.94A.728(1)(e); 36
(ii) Provide rental vouchers to the offender for a period not to 37
exceed six months if rental assistance will result in an approved 38
release plan. 39
p. 42 HB 1178
A voucher must be provided in conjunction with additional 1
transition support programming or services that enable an offender to 2
participate in services including, but not limited to, substance 3
abuse treatment, mental health treatment, sex offender treatment, 4
educational programming, or employment programming;5
(e) The department shall maintain a list of housing providers 6
that meets the requirements of RCW 72.09.285. If more than two 7
voucher recipients will be residing per dwelling unit, as defined in 8
RCW 59.18.030, rental vouchers for those recipients may only be paid 9
to a housing provider on the department's list; 10
(f) For each offender who is the recipient of a rental voucher, 11
the department shall gather data as recommended by the Washington 12
state institute for public policy in order to best demonstrate 13
whether rental vouchers are effective in reducing recidivism.14
(((6))) (5) An offender serving a term of confinement imposed 15
under RCW 9.94A.670(5)(a) is not eligible for earned release credits 16
under this section. 17
Sec. 6. RCW 10.01.210 and 2002 c 290 s 23 are each amended to 18
read as follows: 19
Any and all law enforcement agencies and personnel, criminal 20
justice attorneys, sentencing judges, and state and local 21
correctional facilities and personnel may, but are not required to, 22
give any and all offenders either written or oral notice, or both, of 23
the sanctions imposed and criminal justice changes regarding armed 24
offenders, including but not limited to the subjects of:25
(1) Felony crimes involving any deadly weapon special verdict 26
under RCW ((9.94A.602)) 9.94A.825; 27
(2) Any and all deadly weapon enhancements under RCW 9.94A.533 28
(3) or (4), or both, as well as any federal firearm, ammunition, or 29
other deadly weapon enhancements; 30
(3) Any and all felony crimes requiring the possession, display, 31
or use of any deadly weapon as well as the many increased penalties 32
for these crimes including the creation of theft of a firearm and 33
possessing a stolen firearm; 34
(4) New prosecuting standards established for filing charges for 35
all crimes involving any deadly weapons; and36
(5) ((Removal of good time for any and all deadly weapon 37
enhancements; and38
p. 43 HB 1178
(6))) Providing the death penalty for those who commit first 1
degree murder: (a) To join, maintain, or advance membership in an 2
identifiable group; (b) as part of a drive-by shooting; or (c) to 3
avoid prosecution as a persistent offender as defined in RCW 4
9.94A.030. 5
Sec. 7. RCW 72.01.410 and 2019 c 322 s 2 are each amended to 6
read as follows: 7
(1) Whenever any person is convicted as an adult in the courts of 8
this state of a felony offense committed under the age of 9
((eighteen)) 18, and is committed for a term of confinement, that 10
person shall be initially placed in a facility operated by the 11
department of children, youth, and families. The department of 12
corrections shall determine the person's earned release date.13
(a) While in the custody of the department of children, youth, 14
and families, the person must have the same treatment, housing 15
options, transfer, and access to program resources as any other 16
person committed to that juvenile correctional facility or 17
institution pursuant to chapter 13.40 RCW. Except as provided under 18
(d) of this subsection, treatment, placement, and program decisions 19
shall be at the sole discretion of the department of children, youth, 20
and families. The person shall not be transferred to the custody of 21
the department of corrections without the approval of the department 22
of children, youth, and families until the person reaches the age of 23
((twenty-five)) 25. 24
(b) If the person's sentence includes a term of community 25
custody, the department of children, youth, and families shall not 26
release the person to community custody until the department of 27
corrections has approved the person's release plan pursuant to RCW 28
9.94A.729(((5))) (4)(b). If a person is held past his or her earned 29
release date pending release plan approval, the department of 30
children, youth, and families shall retain custody until a plan is 31
approved or the person completes the ordered term of confinement 32
prior to age ((twenty-five)) 25. 33
(c) If the department of children, youth, and families determines 34
that retaining custody of the person in a facility of the department 35
of children, youth, and families presents a significant safety risk, 36
the department of children, youth, and families may transfer the 37
person to the custody of the department of corrections.38
p. 44 HB 1178
(d) The department of corrections must retain authority over 1
custody decisions relating to a person whose earned release date is 2
on or after the person's ((twenty-fifth)) 25th birthday and who is 3
placed in a facility operated by the department of children, youth, 4
and families under this section, unless the person qualifies for 5
partial confinement under RCW 72.01.412, and must approve any leave 6
from the facility. When the person turns age ((twenty-five)) 25, he 7
or she must be transferred to the department of corrections, except 8
as described under RCW 72.01.412. The department of children, youth, 9
and families has all routine and day-to-day operations authority for 10
the person while the person is in its custody. 11
(2)(a) Except as provided in (b) and (c) of this subsection, a 12
person under the age of ((eighteen)) 18 who is transferred to the 13
custody of the department of corrections must be placed in a housing 14
unit, or a portion of a housing unit, that is separated from other 15
persons in custody who are ((eighteen)) 18 years of age or older, 16
until the person reaches the age of ((eighteen)) 18.17
(b) A person who is transferred to the custody of the department 18
of corrections and reaches ((eighteen)) 18 years of age may remain in 19
a housing unit for persons under the age of ((eighteen)) 18 if the 20
secretary of corrections determines that: (i) The person's needs and 21
the rehabilitation goals for the person could continue to be better 22
met by the programs and housing environment that is separate from 23
other persons in custody who are ((eighteen)) 18 years of age and 24
older; and (ii) the programs or housing environment for persons under 25
the age of ((eighteen)) 18 will not be substantially affected by the 26
continued placement of the person in that environment. The person may 27
remain placed in a housing unit for persons under the age of 28
((eighteen)) 18 until such time as the secretary of corrections 29
determines that the person's needs and goals are no longer better met 30
in that environment but in no case past the person's ((twenty-fifth)) 31
25th birthday. 32
(c) A person transferred to the custody of the department of 33
corrections who is under the age of ((eighteen)) 18 may be housed in 34
an intensive management unit or administrative segregation unit 35
containing offenders ((eighteen)) 18 years of age or older if it is 36
necessary for the safety or security of the offender or staff. In 37
these cases, the offender must be kept physically separate from other 38
offenders at all times. 39
p. 45 HB 1178
(3) The department of children, youth, and families must review 1
the placement of a person over age ((twenty-one)) 21 in the custody 2
of the department of children, youth, and families under this section 3
to determine whether the person should be transferred to the custody 4
of the department of corrections. The department of children, youth, 5
and families may determine the frequency of the review required under 6
this subsection, but the review must occur at least once before the 7
person reaches age ((twenty-three)) 23 if the person's commitment 8
period in a juvenile institution extends beyond the person's 9
((twenty-third)) 23rd birthday. 10
NEW SECTION. Sec. 8. The following acts or parts of acts are 11
each repealed:12
(1) RCW 9.94A.833 (Special allegation — Involving minor in felony 13
offense— Procedures) and 2008 c 276 s 302; and 14
(2) RCW 69.50.435 (Violations committed in or on certain public 15
places or facilities — Additional penalty — Defenses— Construction— 16
Definitions) and 2022 c 16 s 93, 2015 c 265 s 37, & 2003 c 53 s 346.17
NEW SECTION. Sec. 9. Section 1 of this act expires January 1, 18
2026.19
NEW SECTION. Sec. 10. Section 2 of this act takes effect 20
January 1, 2026.21
--- END ---
p. 46 HB 1178