Persistent offenders

AN ACT Relating to resentencing of individuals sentenced as a 1
persistent offender, or sentenced to an exceptional sentence pursuant 2
to a plea agreement intended to avoid a persistent offender sentence, 3
due to a robbery in the second degree charge or conviction; and 4
amending RCW 9.94A.647. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 9.94A.647 and 2021 c 141 s 1 are each amended to 7
read as follows: 8
(1) In any criminal case wherein an offender has been sentenced 9
as a persistent offender, or wherein an exceptional sentence was 10
imposed pursuant to a plea agreement which avoided a possible 11
persistent offender sentence, the offender must have a resentencing 12
hearing if a current or past charge or conviction for robbery in the 13
second degree was used as a basis for the finding that the offender 14
was or would have been a persistent offender. 15
(a) The ((prosecuting attorney for the county in which any 16
offender was sentenced as a persistent offender )) office of public 17
defense shall review each offender's sentencing document. If a 18
current or past charge or conviction for robbery in the second degree 19
was used as a basis for a finding that an offender was or would have 20
been a persistent offender, the ((prosecuting attorney )) office of 21
H-0307.2
HOUSE BILL 1229
State of Washington 69th Legislature 2025 Regular Session
By Representatives Hackney, Goodman, Simmons, Ormsby, and Hill
Prefiled 01/09/25. Read first time 01/13/25. Referred to Committee
on Community Safety.
p. 1 HB 1229
public defense shall, or the offender may, make a motion for relief 1
from the exceptional sentence to the original sentencing court.2
(b) To be eligible for resentencing under this section, the 3
offender must meet one of the following conditions:4
(i) The offender was sentenced as a persistent offender when a 5
current or past conviction for robbery in the second degree was used 6
as the basis for the finding that the offender was a persistent 7
offender; or8
(ii) The offender is serving an exceptional sentence pursuant to 9
a plea agreement which avoided a possible persistent offender 10
sentence, and at the time the offender was sentenced, the offender 11
had two prior convictions pursuant to RCW 9.94A.030. The offender's 12
arrest, charge, or at least one prior conviction must include robbery 13
in the second degree.14
(2) The sentencing court shall grant the motion if it finds that 15
((a current or past conviction for robbery in the second degree was 16
used as a basis for a finding that the offender was a persistent 17
offender)) the offender is eligible for resentencing and shall 18
immediately set ((an expedited )) a date for resentencing. A guilty 19
plea by an offender seeking resentencing pursuant to this section may 20
not be withdrawn. At resentencing, the court shall sentence the 21
offender as if robbery in the second degree was not a most serious 22
offense ((at the time the original sentence was imposed)).23
(3) Notwithstanding the provisions of RCW 9.94A.345, for purposes 24
of resentencing under this section or sentencing any person as a 25
persistent offender after July 25, 2021, robbery in the second degree 26
shall not be considered a most serious offense regardless of whether 27
the offense was committed before, on, or after ((the effective date 28
of chapter 187, Laws of 2019 [July 28, 2019])) July 28, 2019.29
(4) Upon request, the administrative office of the courts and the 30
department of corrections shall provide plea agreement data to the 31
office of public defense, which shall analyze the data for purposes 32
of identifying persons eligible for resentencing under this section. 33
The office of public defense shall notify persons it identifies as 34
eligible for resentencing, and the office shall share this 35
information with county public defenders and county prosecutors.36
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p. 2 HB 1229