Graffiti & property damage

AN ACT Relating to offenses involving graffiti or other damage to 1
property; amending RCW 9A.48.105, 9.94A.533, 9A.20.030, 36.28A.210, 2
and 13.40.0357; reenacting and amending RCW 9A.04.110 and 9.94A.515; 3
adding a new section to chapter 9A.48 RCW; adding a new section to 4
chapter 9.94A RCW; creating a new section; and prescribing penalties.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The legislature finds that an increase in 7
graffiti and defacement of public and private property damages and 8
detracts from the general enjoyment of community spaces. This act 9
provides the court with more options for offenders to rectify their 10
mistakes. The intent of this act is to discourage graffiti and other 11
malicious mischief crimes by including community service hours or 12
actual damage cleanup as a court-issued punishment. Adults are paying 13
the fines for some youth, so the offender is not experiencing 14
consequences that would lead to better behavior. Prosecutors are 15
unlikely to recommend actual jail time for minor crimes. Therefore, 16
picking up trash in state parks, scrubbing off paint, or doing other 17
forms of community restitution provides a reformative opportunity. 18
This act is building on policies that currently exist in the justice 19
system with the expectation of better outcomes for all involved.20
H-0359.3
HOUSE BILL 1407
State of Washington 69th Legislature 2025 Regular Session
By Representatives Barkis, Hackney, Ley, Jacobsen, and Caldier
Read first time 01/20/25. Referred to Committee on Community Safety.
p. 1 HB 1407
NEW SECTION. Sec. 2. A new section is added to chapter 9A.48 1
RCW to read as follows: 2
For offenders convicted of malicious mischief in the third degree 3
or criminal street gang tagging and graffiti, the court shall order 4
the offender to perform at least 40 hours of community restitution, 5
as defined in RCW 9.94A.030, in addition to other penalties. The 6
court may use any community restitution program available including, 7
but not limited to, RCW 72.09.260. 8
Sec. 3. RCW 9A.04.110 and 2011 c 336 s 350 and 2011 c 166 s 2 9
are each reenacted and amended to read as follows:10
In this title unless a different meaning plainly is required:11
(1) "Acted" includes, where relevant, omitted to act;12
(2) "Actor" includes, where relevant, a person failing to act;13
(3) "Benefit" is any gain or advantage to the beneficiary, 14
including any gain or advantage to a third person pursuant to the 15
desire or consent of the beneficiary; 16
(4)(a) "Bodily injury," "physical injury," or "bodily harm" means 17
physical pain or injury, illness, or an impairment of physical 18
condition; 19
(b) "Substantial bodily harm" means bodily injury which involves 20
a temporary but substantial disfigurement, or which causes a 21
temporary but substantial loss or impairment of the function of any 22
bodily part or organ, or which causes a fracture of any bodily part;23
(c) "Great bodily harm" means bodily injury which creates a 24
probability of death, or which causes significant serious permanent 25
disfigurement, or which causes a significant permanent loss or 26
impairment of the function of any bodily part or organ;27
(5) "Building," in addition to its ordinary meaning, includes any 28
dwelling, fenced area, vehicle, railway car, cargo container, or any 29
other structure used for lodging of persons or for carrying on 30
business therein, or for the use, sale, or deposit of goods; each 31
unit of a building consisting of two or more units separately secured 32
or occupied is a separate building; 33
(6) "Deadly weapon" means any explosive or loaded or unloaded 34
firearm, and shall include any other weapon, device, instrument, 35
article, or substance, including a "vehicle" as defined in this 36
section, which, under the circumstances in which it is used, 37
attempted to be used, or threatened to be used, is readily capable of 38
causing death or substantial bodily harm; 39
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(7) "Dwelling" means any building or structure, though movable or 1
temporary, or a portion thereof, which is used or ordinarily used by 2
a person for lodging; 3
(8) "Government" includes any branch, subdivision, or agency of 4
the government of this state and any county, city, district, or other 5
local governmental unit; 6
(9) "Governmental function" includes any activity which a public 7
servant is legally authorized or permitted to undertake on behalf of 8
a government; 9
(10) "Graffiti" means defacing, damaging, or destroying public or 10
private buildings, structures, facilities, natural features, or 11
places without the owner's permission by writing, painting, spraying, 12
marking, or drawing with paint, ink, dye, or other substances;13
(11) "Indicted" and "indictment" include "informed against" and 14
"information", and "informed against" and "information" include 15
"indicted" and "indictment"; 16
(((11))) (12) "Judge" includes every judicial officer authorized 17
alone or with others, to hold or preside over a court;18
(((12))) (13) "Malice" and "maliciously" shall import an evil 19
intent, wish, or design to vex, annoy, or injure another person. 20
Malice may be inferred from an act done in willful disregard of the 21
rights of another, or an act wrongfully done without just cause or 22
excuse, or an act or omission of duty betraying a willful disregard 23
of social duty; 24
(((13))) (14) "Officer" and "public officer" means a person 25
holding office under a city, county, or state government, or the 26
federal government who performs a public function and in so doing is 27
vested with the exercise of some sovereign power of government, and 28
includes all assistants, deputies, clerks, and employees of any 29
public officer and all persons lawfully exercising or assuming to 30
exercise any of the powers or functions of a public officer;31
(((14))) (15) "Omission" means a failure to act;32
(((15))) (16) "Peace officer" means a duly appointed city, 33
county, or state law enforcement officer; 34
(((16))) (17) "Pecuniary benefit" means any gain or advantage in 35
the form of money, property, commercial interest, or anything else 36
the primary significance of which is economic gain;37
(((17))) (18) "Person," "he or she," and "actor" include any 38
natural person and, where relevant, a corporation, joint stock 39
association, or an unincorporated association; 40
p. 3 HB 1407
(((18))) (19) "Place of work" includes but is not limited to all 1
the lands and other real property of a farm or ranch in the case of 2
an actor who owns, operates, or is employed to work on such a farm or 3
ranch; 4
(((19))) (20) "Prison" means any place designated by law for the 5
keeping of persons held in custody under process of law, or under 6
lawful arrest, including but not limited to any state correctional 7
institution or any county or city jail; 8
(((20))) (21) "Prisoner" includes any person held in custody 9
under process of law, or under lawful arrest; 10
(((21))) (22) "Projectile stun gun" means an electronic device 11
that projects wired probes attached to the device that emit an 12
electrical charge and that is designed and primarily employed to 13
incapacitate a person or animal; 14
(((22))) (23) "Property" means anything of value, whether 15
tangible or intangible, real or personal; 16
(((23))) (24) "Public servant" means any person other than a 17
witness who presently occupies the position of or has been elected, 18
appointed, or designated to become any officer or employee of 19
government, including a legislator, judge, judicial officer, juror, 20
and any person participating as an advisor, consultant, or otherwise 21
in performing a governmental function; 22
(((24))) (25) "Signature" includes any memorandum, mark, or sign 23
made with intent to authenticate any instrument or writing, or the 24
subscription of any person thereto; 25
(((25))) (26) "Statute" means the Constitution or an act of the 26
legislature or initiative or referendum of this state;27
(((26))) (27) "Strangulation" means to compress a person's neck, 28
thereby obstructing the person's blood flow or ability to breathe, or 29
doing so with the intent to obstruct the person's blood flow or 30
ability to breathe; 31
(((27))) (28) "Suffocation" means to block or impair a person's 32
intake of air at the nose and mouth, whether by smothering or other 33
means, with the intent to obstruct the person's ability to breathe;34
(((28))) (29) "Threat" means to communicate, directly or 35
indirectly the intent: 36
(a) To cause bodily injury in the future to the person threatened 37
or to any other person; or 38
(b) To cause physical damage to the property of a person other 39
than the actor; or 40
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(c) To subject the person threatened or any other person to 1
physical confinement or restraint; or 2
(d) To accuse any person of a crime or cause criminal charges to 3
be instituted against any person; or 4
(e) To expose a secret or publicize an asserted fact, whether 5
true or false, tending to subject any person to hatred, contempt, or 6
ridicule; or 7
(f) To reveal any information sought to be concealed by the 8
person threatened; or 9
(g) To testify or provide information or withhold testimony or 10
information with respect to another's legal claim or defense; or11
(h) To take wrongful action as an official against anyone or 12
anything, or wrongfully withhold official action, or cause such 13
action or withholding; or 14
(i) To bring about or continue a strike, boycott, or other 15
similar collective action to obtain property which is not demanded or 16
received for the benefit of the group which the actor purports to 17
represent; or 18
(j) To do any other act which is intended to harm substantially 19
the person threatened or another with respect to his or her health, 20
safety, business, financial condition, or personal relationships;21
(((29))) (30) "Vehicle" means a "motor vehicle" as defined in the 22
vehicle and traffic laws, any aircraft, or any vessel equipped for 23
propulsion by mechanical means or by sail; 24
(((30))) (31) Words in the present tense shall include the future 25
tense; and in the masculine shall include the feminine and neuter 26
genders; and in the singular shall include the plural; and in the 27
plural shall include the singular. 28
Sec. 4. RCW 9A.48.105 and 2008 c 276 s 306 are each amended to 29
read as follows: 30
(1) A person is guilty of criminal street gang tagging and 31
graffiti if he or she commits malicious mischief in the third degree 32
under RCW 9A.48.090(1)(b) and he or she: 33
(a) Has multiple current convictions for malicious mischief in 34
the third degree offenses under RCW 9A.48.090(1)(b); or35
(b) Has previously been convicted for a malicious mischief in the 36
third degree offense under RCW 9A.48.090(1)(b) or a comparable 37
offense under a municipal code provision of any city or town; and38
p. 5 HB 1407
(c) The current offense or one of the current offenses is a 1
"criminal street gang-related offense" as defined in RCW 9.94A.030.2
(2) ((Criminal)) (a) Except as provided in (b) of this 3
subsection, criminal street gang tagging and graffiti is a gross 4
misdemeanor offense. 5
(b) A second or subsequent conviction for criminal street gang 6
tagging and graffiti is a class C felony.7
NEW SECTION. Sec. 5. A new section is added to chapter 9.94A 8
RCW to read as follows: 9
(1) In a prosecution for malicious mischief in the first degree 10
under RCW 9A.48.070, or a second or subsequent criminal street gang 11
tagging and graffiti offense under RCW 9A.48.105(2)(b), the 12
prosecuting attorney may file a special allegation when sufficient 13
evidence exists to show that the defendant engaged in organized 14
graffiti in the commission of the offense. 15
(2) In a criminal case in which there has been a special 16
allegation and the accused has been convicted of the underlying 17
crime, the court shall make a finding of fact prior to sentencing 18
whether the defendant engaged in organized graffiti in the commission 19
of the offense. If the court finds beyond a reasonable doubt that the 20
defendant engaged in organized graffiti in the commission of the 21
offense, the defendant shall be sentenced in accordance with RCW 22
9.94A.533(16). 23
(3) For purposes of this section, a person engages in organized 24
graffiti if the person: 25
(a) Commits, individually or as a participant in a group of 26
multiple individuals, any act or series of acts that results in 27
physical damage to the property of another in the amount of $25,000 28
or more; or 29
(b) Travels across state lines with the purpose of committing the 30
offense of malicious mischief, and commits any act or series of acts 31
that results in physical damage to the property of another in the 32
amount of $10,000 or more. 33
Sec. 6. RCW 9.94A.533 and 2024 c 301 s 28 are each amended to 34
read as follows: 35
(1) The provisions of this section apply to the standard sentence 36
ranges determined by RCW 9.94A.510 or 9.94A.517. 37
p. 6 HB 1407
(2) For persons convicted of the anticipatory offenses of 1
criminal attempt, solicitation, or conspiracy under chapter 9A.28 2
RCW, the standard sentence range is determined by locating the 3
sentencing grid sentence range defined by the appropriate offender 4
score and the seriousness level of the completed crime, and 5
multiplying the range by seventy-five percent. 6
(3) The following additional times shall be added to the standard 7
sentence range for felony crimes committed after July 23, 1995, if 8
the offender or an accomplice was armed with a firearm as defined in 9
RCW 9.41.010 and the offender is being sentenced for one of the 10
crimes listed in this subsection as eligible for any firearm 11
enhancements based on the classification of the completed felony 12
crime. If the offender is being sentenced for more than one offense, 13
the firearm enhancement or enhancements must be added to the total 14
period of confinement for all offenses, regardless of which 15
underlying offense is subject to a firearm enhancement. If the 16
offender or an accomplice was armed with a firearm as defined in RCW 17
9.41.010 and the offender is being sentenced for an anticipatory 18
offense under chapter 9A.28 RCW to commit one of the crimes listed in 19
this subsection as eligible for any firearm enhancements, the 20
following additional times shall be added to the standard sentence 21
range determined under subsection (2) of this section based on the 22
felony crime of conviction as classified under RCW 9A.28.020:23
(a) Five years for any felony defined under any law as a class A 24
felony or with a statutory maximum sentence of at least twenty years, 25
or both, and not covered under (f) of this subsection;26
(b) Three years for any felony defined under any law as a class B 27
felony or with a statutory maximum sentence of ten years, or both, 28
and not covered under (f) of this subsection; 29
(c) Eighteen months for any felony defined under any law as a 30
class C felony or with a statutory maximum sentence of five years, or 31
both, and not covered under (f) of this subsection;32
(d) If the offender is being sentenced for any firearm 33
enhancements under (a), (b), and/or (c) of this subsection and the 34
offender has previously been sentenced for any deadly weapon 35
enhancements after July 23, 1995, under (a), (b), and/or (c) of this 36
subsection or subsection (4)(a), (b), and/or (c) of this section, or 37
both, all firearm enhancements under this subsection shall be twice 38
the amount of the enhancement listed; 39
p. 7 HB 1407
(e) Notwithstanding any other provision of law, all firearm 1
enhancements under this section are mandatory, shall be served in 2
total confinement, and shall run consecutively to all other 3
sentencing provisions, including other firearm or deadly weapon 4
enhancements, for all offenses sentenced under this chapter. However, 5
whether or not a mandatory minimum term has expired, an offender 6
serving a sentence under this subsection may be: 7
(i) Granted an extraordinary medical placement when authorized 8
under RCW 9.94A.728(1)(c); or 9
(ii) Released under the provisions of RCW 9.94A.730;10
(f) The firearm enhancements in this section shall apply to all 11
felony crimes except the following: Possession of a machine gun or 12
bump-fire stock, possessing a stolen firearm, drive-by shooting, 13
theft of a firearm, unlawful possession of a firearm in the first and 14
second degree, and use of a machine gun or bump-fire stock in a 15
felony; 16
(g) If the standard sentence range under this section exceeds the 17
statutory maximum sentence for the offense, the statutory maximum 18
sentence shall be the presumptive sentence unless the offender is a 19
persistent offender. If the addition of a firearm enhancement 20
increases the sentence so that it would exceed the statutory maximum 21
for the offense, the portion of the sentence representing the 22
enhancement may not be reduced. 23
(4) The following additional times shall be added to the standard 24
sentence range for felony crimes committed after July 23, 1995, if 25
the offender or an accomplice was armed with a deadly weapon other 26
than a firearm as defined in RCW 9.41.010 and the offender is being 27
sentenced for one of the crimes listed in this subsection as eligible 28
for any deadly weapon enhancements based on the classification of the 29
completed felony crime. If the offender is being sentenced for more 30
than one offense, the deadly weapon enhancement or enhancements must 31
be added to the total period of confinement for all offenses, 32
regardless of which underlying offense is subject to a deadly weapon 33
enhancement. If the offender or an accomplice was armed with a deadly 34
weapon other than a firearm as defined in RCW 9.41.010 and the 35
offender is being sentenced for an anticipatory offense under chapter 36
9A.28 RCW to commit one of the crimes listed in this subsection as 37
eligible for any deadly weapon enhancements, the following additional 38
times shall be added to the standard sentence range determined under 39
p. 8 HB 1407
subsection (2) of this section based on the felony crime of 1
conviction as classified under RCW 9A.28.020: 2
(a) Two years for any felony defined under any law as a class A 3
felony or with a statutory maximum sentence of at least twenty years, 4
or both, and not covered under (f) of this subsection;5
(b) One year for any felony defined under any law as a class B 6
felony or with a statutory maximum sentence of ten years, or both, 7
and not covered under (f) of this subsection; 8
(c) Six months for any felony defined under any law as a class C 9
felony or with a statutory maximum sentence of five years, or both, 10
and not covered under (f) of this subsection; 11
(d) If the offender is being sentenced under (a), (b), and/or (c) 12
of this subsection for any deadly weapon enhancements and the 13
offender has previously been sentenced for any deadly weapon 14
enhancements after July 23, 1995, under (a), (b), and/or (c) of this 15
subsection or subsection (3)(a), (b), and/or (c) of this section, or 16
both, all deadly weapon enhancements under this subsection shall be 17
twice the amount of the enhancement listed; 18
(e) Notwithstanding any other provision of law, all deadly weapon 19
enhancements under this section are mandatory, shall be served in 20
total confinement, and shall run consecutively to all other 21
sentencing provisions, including other firearm or deadly weapon 22
enhancements, for all offenses sentenced under this chapter. However, 23
whether or not a mandatory minimum term has expired, an offender 24
serving a sentence under this subsection may be: 25
(i) Granted an extraordinary medical placement when authorized 26
under RCW 9.94A.728(1)(c); or 27
(ii) Released under the provisions of RCW 9.94A.730;28
(f) The deadly weapon enhancements in this section shall apply to 29
all felony crimes except the following: Possession of a machine gun 30
or bump-fire stock, possessing a stolen firearm, drive-by shooting, 31
theft of a firearm, unlawful possession of a firearm in the first and 32
second degree, and use of a machine gun or bump-fire stock in a 33
felony; 34
(g) If the standard sentence range under this section exceeds the 35
statutory maximum sentence for the offense, the statutory maximum 36
sentence shall be the presumptive sentence unless the offender is a 37
persistent offender. If the addition of a deadly weapon enhancement 38
increases the sentence so that it would exceed the statutory maximum 39
p. 9 HB 1407
for the offense, the portion of the sentence representing the 1
enhancement may not be reduced. 2
(5) The following additional times shall be added to the standard 3
sentence range if the offender or an accomplice committed the offense 4
while in a county jail or state correctional facility and the 5
offender is being sentenced for one of the crimes listed in this 6
subsection. If the offender or an accomplice committed one of the 7
crimes listed in this subsection while in a county jail or state 8
correctional facility, and the offender is being sentenced for an 9
anticipatory offense under chapter 9A.28 RCW to commit one of the 10
crimes listed in this subsection, the following additional times 11
shall be added to the standard sentence range determined under 12
subsection (2) of this section: 13
(a) Eighteen months for offenses committed under RCW 69.50.401(2) 14
(a) or (b) or 69.50.410; 15
(b) Fifteen months for offenses committed under RCW 69.50.401(2) 16
(c), (d), or (e); 17
(c) Twelve months for offenses committed under RCW 69.50.4013.18
For the purposes of this subsection, all of the real property of 19
a state correctional facility or county jail shall be deemed to be 20
part of that facility or county jail. 21
(6) An additional twenty-four months shall be added to the 22
standard sentence range for any ranked offense involving a violation 23
of chapter 69.50 RCW if the offense was also a violation of RCW 24
69.50.435 or 9.94A.827. All enhancements under this subsection shall 25
run consecutively to all other sentencing provisions, for all 26
offenses sentenced under this chapter. 27
(7) An additional two years shall be added to the standard 28
sentence range for vehicular homicide committed while under the 29
influence of intoxicating liquor or any drug as defined by RCW 30
46.61.502 for each prior offense as defined in RCW 46.61.5055.31
Notwithstanding any other provision of law, all impaired driving 32
enhancements under this subsection are mandatory, shall be served in 33
total confinement, and shall run consecutively to all other 34
sentencing provisions, including other impaired driving enhancements, 35
for all offenses sentenced under this chapter. 36
An offender serving a sentence under this subsection may be 37
granted an extraordinary medical placement when authorized under RCW 38
9.94A.728(1)(c). 39
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(8)(a) The following additional times shall be added to the 1
standard sentence range for felony crimes committed on or after July 2
1, 2006, if the offense was committed with sexual motivation, as that 3
term is defined in RCW 9.94A.030. If the offender is being sentenced 4
for more than one offense, the sexual motivation enhancement must be 5
added to the total period of total confinement for all offenses, 6
regardless of which underlying offense is subject to a sexual 7
motivation enhancement. If the offender committed the offense with 8
sexual motivation and the offender is being sentenced for an 9
anticipatory offense under chapter 9A.28 RCW, the following 10
additional times shall be added to the standard sentence range 11
determined under subsection (2) of this section based on the felony 12
crime of conviction as classified under RCW 9A.28.020:13
(i) Two years for any felony defined under the law as a class A 14
felony or with a statutory maximum sentence of at least twenty years, 15
or both; 16
(ii) Eighteen months for any felony defined under any law as a 17
class B felony or with a statutory maximum sentence of ten years, or 18
both; 19
(iii) One year for any felony defined under any law as a class C 20
felony or with a statutory maximum sentence of five years, or both;21
(iv) If the offender is being sentenced for any sexual motivation 22
enhancements under (a)(i), (ii), and/or (iii) of this subsection and 23
the offender has previously been sentenced for any sexual motivation 24
enhancements on or after July 1, 2006, under (a)(i), (ii), and/or 25
(iii) of this subsection, all sexual motivation enhancements under 26
this subsection shall be twice the amount of the enhancement listed;27
(b) Notwithstanding any other provision of law, all sexual 28
motivation enhancements under this subsection are mandatory, shall be 29
served in total confinement, and shall run consecutively to all other 30
sentencing provisions, including other sexual motivation 31
enhancements, for all offenses sentenced under this chapter. However, 32
whether or not a mandatory minimum term has expired, an offender 33
serving a sentence under this subsection may be: 34
(i) Granted an extraordinary medical placement when authorized 35
under RCW 9.94A.728(1)(c); or 36
(ii) Released under the provisions of RCW 9.94A.730;37
(c) The sexual motivation enhancements in this subsection apply 38
to all felony crimes; 39
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(d) If the standard sentence range under this subsection exceeds 1
the statutory maximum sentence for the offense, the statutory maximum 2
sentence shall be the presumptive sentence unless the offender is a 3
persistent offender. If the addition of a sexual motivation 4
enhancement increases the sentence so that it would exceed the 5
statutory maximum for the offense, the portion of the sentence 6
representing the enhancement may not be reduced; 7
(e) The portion of the total confinement sentence which the 8
offender must serve under this subsection shall be calculated before 9
any earned early release time is credited to the offender;10
(f) Nothing in this subsection prevents a sentencing court from 11
imposing a sentence outside the standard sentence range pursuant to 12
RCW 9.94A.535. 13
(9) An additional one -year enhancement shall be added to the 14
standard sentence range for the felony crimes of RCW 9A.44.073, 15
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089 committed on 16
or after July 22, 2007, if the offender engaged, agreed, or offered 17
to engage the victim in the sexual conduct in return for a fee. If 18
the offender is being sentenced for more than one offense, the 19
one-year enhancement must be added to the total period of total 20
confinement for all offenses, regardless of which underlying offense 21
is subject to the enhancement. If the offender is being sentenced for 22
an anticipatory offense for the felony crimes of RCW 9A.44.073, 23
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, and the 24
offender attempted, solicited another, or conspired to engage, agree, 25
or offer to engage the victim in the sexual conduct in return for a 26
fee, an additional one -year enhancement shall be added to the 27
standard sentence range determined under subsection (2) of this 28
section. For purposes of this subsection, "sexual conduct" means 29
sexual intercourse or sexual contact, both as defined in chapter 30
9A.44 RCW. 31
(10)(a) For a person age eighteen or older convicted of any 32
criminal street gang-related felony offense for which the person 33
compensated, threatened, or solicited a minor in order to involve the 34
minor in the commission of the felony offense, the standard sentence 35
range is determined by locating the sentencing grid sentence range 36
defined by the appropriate offender score and the seriousness level 37
of the completed crime, and multiplying the range by one hundred 38
twenty-five percent. If the standard sentence range under this 39
subsection exceeds the statutory maximum sentence for the offense, 40
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the statutory maximum sentence is the presumptive sentence unless the 1
offender is a persistent offender. 2
(b) This subsection does not apply to any criminal street gang-3
related felony offense for which involving a minor in the commission 4
of the felony offense is an element of the offense.5
(c) The increased penalty specified in (a) of this subsection is 6
unavailable in the event that the prosecution gives notice that it 7
will seek an exceptional sentence based on an aggravating factor 8
under RCW 9.94A.535. 9
(11) An additional twelve months and one day shall be added to 10
the standard sentence range for a conviction of attempting to elude a 11
police vehicle as defined by RCW 46.61.024, if the conviction 12
included a finding by special allegation of endangering one or more 13
persons under RCW 9.94A.834. 14
(12) An additional twelve months shall be added to the standard 15
sentence range for an offense that is also a violation of RCW 16
9.94A.831. 17
(13) An additional twelve months shall be added to the standard 18
sentence range for vehicular homicide committed while under the 19
influence of intoxicating liquor or any drug as defined by RCW 20
46.61.520 or for vehicular assault committed while under the 21
influence of intoxicating liquor or any drug as defined by RCW 22
46.61.522, or for any felony driving under the influence (RCW 23
46.61.502(6)) or felony physical control under the influence (RCW 24
46.61.504(6)) for each child passenger under the age of sixteen who 25
is an occupant in the defendant's vehicle. These enhancements shall 26
be mandatory, shall be served in total confinement, and shall run 27
consecutively to all other sentencing provisions, including other 28
minor child enhancements, for all offenses sentenced under this 29
chapter. If the addition of a minor child enhancement increases the 30
sentence so that it would exceed the statutory maximum for the 31
offense, the portion of the sentence representing the enhancement 32
shall be mandatory, shall be served in total confinement, and shall 33
run consecutively to all other sentencing provisions.34
(14) An additional twelve months shall be added to the standard 35
sentence range for an offense that is also a violation of RCW 36
9.94A.832. 37
(15) An additional 12 months may, at the discretion of the court, 38
be added to the standard sentence range for an offense that is also a 39
violation of RCW 9.94A.828. 40
p. 13 HB 1407
(16) An additional 12 months shall be added to the standard 1
sentence range for a conviction for malicious mischief in the first 2
degree under RCW 9A.48.070, or a second or subsequent conviction for 3
criminal street gang tagging and graffiti under RCW 9A.48.105(2)(b), 4
if the court finds that the offender engaged in organized graffiti 5
pursuant to section 5 of this act.6
(17) Regardless of any provisions in this section, if a person is 7
being sentenced in adult court for a crime committed under age 8
eighteen, the court has full discretion to depart from mandatory 9
sentencing enhancements and to take the particular circumstances 10
surrounding the defendant's youth into account. 11
Sec. 7. RCW 9A.20.030 and 1982 1st ex.s. c 47 s 12 are each 12
amended to read as follows: 13
(1) If a person has gained money or property or caused a victim 14
to lose money or property through the commission of a crime, upon 15
conviction thereof or when the offender pleads guilty to a lesser 16
offense or fewer offenses and agrees with the prosecutor's 17
recommendation that the offender be required to pay restitution to a 18
victim of an offense or offenses which are not prosecuted pursuant to 19
a plea agreement, the court, in lieu of imposing the fine authorized 20
for the offense under RCW 9A.20.020, may order the defendant to pay 21
an amount, fixed by the court, not to exceed double the amount of the 22
defendant's gain or victim's loss from the commission of a crime. 23
Such amount may be used to provide restitution to the victim at the 24
order of the court. It shall be the duty of the prosecuting attorney 25
to investigate the alternative of restitution, and to recommend it to 26
the court, when the prosecuting attorney believes that restitution is 27
appropriate and feasible. If the court orders restitution, the court 28
shall make a finding as to the amount of the defendant's gain or 29
victim's loss from the crime, and if the record does not contain 30
sufficient evidence to support such finding the court may conduct a 31
hearing upon the issue. For purposes of this section, the terms 32
"gain" or "loss" refer to the amount of money or the value of 33
property or services gained or lost. 34
(2)(a) If a person commits malicious mischief in the third degree 35
under RCW 9A.48.090 or criminal street gang tagging and graffiti 36
under RCW 9A.48.105, in addition to the community restitution 37
authorized in section 2 of this act, the court has discretion to 38
p. 14 HB 1407
order community or clean-up restitution, in lieu of part or all of 1
the incarceration sentence. 2
(b) The court may order the person to clean up the damage, with 3
prior permission of the legal owner or, in the case of public 4
property, of the agency managing the property.5
(c) When the court orders community restitution under section 2 6
of this act, the payment shall be forwarded to the state treasurer 7
who shall distribute it to the program for which the restitution is 8
performed.9
(d) When the court does not order community restitution under 10
section 2 of this act, the restitution payment shall be forwarded to 11
the state treasurer who shall deposit it in the graffiti and tagging 12
abatement grant program in RCW 36.28A.210, or a similar account, to 13
be used solely for graffiti abatement and cleanup.14
(3) Notwithstanding any other provision of law, this section also 15
applies to any corporation or joint stock association found guilty of 16
any crime. 17
Sec. 8. RCW 36.28A.210 and 2008 c 276 s 102 are each amended to 18
read as follows: 19
(1) When funded, the Washington association of sheriffs and 20
police chiefs shall establish a grant program to assist local law 21
enforcement agencies in the support of graffiti and tagging abatement 22
programs located in local communities. Grant applicants are 23
encouraged to utilize multijurisdictional efforts.24
(2) Each graffiti or tagging abatement grant applicant shall:25
(a) Demonstrate that a significant gang problem exists in the 26
jurisdiction or jurisdictions receiving the grant;27
(b) Show how the funds will be used to dispose or eliminate any 28
current or ongoing tagging or graffiti within a specified time 29
period; 30
(c) Specify how the funds will be used to reduce gang-related 31
graffiti or tagging within its community; 32
(d) Show how the local citizens and business owners of the 33
community will benefit from the proposed graffiti or tagging 34
abatement process being presented in the grant application; and35
(e) Collect data on performance pursuant to RCW 36.28A.220.36
(3) The cost of administering the grants shall not exceed 37
twenty-five thousand dollars, or four percent of funding, whichever 38
is greater. 39
p. 15 HB 1407
(4) Subject to appropriations made available for this purpose, 1
during fiscal years 2025-2027, grants must be awarded under this 2
section to investigate, arrest, and prosecute individuals involved in 3
tagging or graffiti on property owned by the department of 4
transportation. Each recipient of a grant awarded under this 5
subsection must provide a report to the legislature by December 31st 6
of the calendar year following the calendar year in which the grant 7
is awarded. The report must include the number of arrests, 8
convictions, and community service hours, or other corrective actions 9
taken against individuals damaging property with graffiti that 10
resulted from the provided funding.11
Sec. 9. RCW 13.40.0357 and 2023 c 295 s 8 are each amended to 12
read as follows: 13
14 DESCRIPTION AND OFFENSE CATEGORY
15
16
17
18
19
JUVENILE
DISPOSITION
OFFENSE
CATEGORY DESCRIPTION (RCW CITATION)
JUVENILE DISPOSITION
CATEGORY FOR
ATTEMPT, BAILJUMP,
CONSPIRACY , OR
SOLICITATION
20 Arson and Malicious Mischief
21 A Arson 1 (9A.48.020) B+
22 B Arson 2 (9A.48.030) C
23 C Reckless Burning 1 (9A.48.040) D
24 D Reckless Burning 2 (9A.48.050) E
25
26
((B))
B+
Malicious Mischief 1 (9A.48.070) ((C))
C+
27
28
((C))
C+
Malicious Mischief 2 (9A.48.080) ((D))
D+
29
30
((D))
D+
Malicious Mischief 3 (9A.48.090) ((E))
D
31
32
E Tampering with Fire Alarm Apparatus
(9.40.100)
E
33
34
E Tampering with Fire Alarm Apparatus
with Intent to Commit Arson (9.40.105)
E
35
36
A Possession of Incendiary Device
(9.40.120)
B+
p. 16 HB 1407
1
2
Assault and Other Crimes Involving
Physical Harm

3 A Assault 1 (9A.36.011) B+
4 B+ Assault 2 (9A.36.021) C+
5 C+ Assault 3 (9A.36.031) D+
6 D+ Assault 4 (9A.36.041) E
7
8
B+ Drive-By Shooting (9A.36.045)
committed at age 15 or under
C+
9
10
A++ Drive-By Shooting (9A.36.045)
committed at age 16 or 17
A
11 D+ Reckless Endangerment (9A.36.050) E
12 C+ Promoting Suicide Attempt (9A.36.060) D+
13 D+ Coercion (9A.36.070) E
14 C+ Custodial Assault (9A.36.100) D+
15 Burglary and Trespass
16
17
B+ Burglary 1 (9A.52.020) committed at
age 15 or under
C+
18
19
A- Burglary 1 (9A.52.020) committed at
age 16 or 17
B+
20 B Residential Burglary (9A.52.025) C
21 B Burglary 2 (9A.52.030) C
22
23
D Burglary Tools (Possession of)
(9A.52.060)
E
24 D Criminal Trespass 1 (9A.52.070) E
25 E Criminal Trespass 2 (9A.52.080) E
26 C Mineral Trespass (78.44.330) C
27 C Vehicle Prowling 1 (9A.52.095) D
28 D Vehicle Prowling 2 (9A.52.100) E
29 Drugs
30
31
E Possession/Consumption of Alcohol
(66.44.270)
E
32
33
C Illegally Obtaining Legend Drug
(69.41.020)
D
34
35
C+ Sale, Delivery, Possession of Legend
Drug with Intent to Sell (69.41.030(2)(a))
D+
p. 17 HB 1407
1
2
E Possession of Legend
Drug (69.41.030(2)(b))
E
3
4
5
6
B+ Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Sale (69.50.401(2) (a) or (b))
B+
7
8
9
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Sale
(69.50.401(2)(c))
C
10
11
E Possession of Cannabis <40 grams
(69.50.4014)
E
12
13
C Fraudulently Obtaining Controlled
Substance (69.50.403)
C
14
15
C+ Sale of Controlled Substance for Profit
(69.50.410)
C+
16 E Unlawful Inhalation (9.47A.020) E
17
18
19
20
21
B Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Counterfeit Substances (69.50.4011(2)
(a) or (b))
B
22
23
24
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Counterfeit
Substances (69.50.4011(2) (c), (d), or (e))
C
25
26
27
E Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance (69.50.4013)
E
28
29
30
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance (69.50.4012)
C
31 Firearms and Weapons
32 B Theft of Firearm (9A.56.300) C
33
34
B Possession of Stolen Firearm
(9A.56.310)
C
35
36
E Carrying Loaded Pistol Without Permit
(9.41.050)
E
37
38
C Possession of Firearms by Minor (<18)
(9.41.040(2)(a) (v))
C
p. 18 HB 1407
1
2
D+ Possession of Dangerous Weapon
(9.41.250)
E
3
4
D Intimidating Another Person by use of
Weapon (9.41.270)
E
5 Homicide
6 A+ Murder 1 (9A.32.030) A
7 A+ Murder 2 (9A.32.050) B+
8 B+ Manslaughter 1 (9A.32.060) C+
9 C+ Manslaughter 2 (9A.32.070) D+
10 B+ Vehicular Homicide (46.61.520) C+
11 Kidnapping
12 A Kidnap 1 (9A.40.020) B+
13 B+ Kidnap 2 (9A.40.030) C+
14 C+ Unlawful Imprisonment (9A.40.040) D+
15 Obstructing Governmental Operation
16
17
D Obstructing a Law Enforcement Officer
(9A.76.020)
E
18 E Resisting Arrest (9A.76.040) E
19 B Introducing Contraband 1 (9A.76.140) C
20 C Introducing Contraband 2 (9A.76.150) D
21 E Introducing Contraband 3 (9A.76.160) E
22
23
B+ Intimidating a Public Servant
(9A.76.180)
C+
24 B+ Intimidating a Witness (9A.72.110) C+
25 Public Disturbance
26
27
C+ Criminal Mischief with Weapon
(9A.84.010(2)(b))
D+
28
29
D+ Criminal Mischief Without Weapon
(9A.84.010(2)(a))
E
30 E Failure to Disperse (9A.84.020) E
31 E Disorderly Conduct (9A.84.030) E
32 Sex Crimes
33 A Rape 1 (9A.44.040) B+
34
35
B++ Rape 2 (9A.44.050) committed at age 14
or under
B+
p. 19 HB 1407
1
2
A- Rape 2 (9A.44.050) committed at age 15
through age 17
B+
3 C+ Rape 3 (9A.44.060) D+
4
5
B++ Rape of a Child 1 (9A.44.073)
committed at age 14 or under
B+
6
7
A- Rape of a Child 1 (9A.44.073)
committed at age 15
B+
8 B+ Rape of a Child 2 (9A.44.076) C+
9 B Incest 1 (9A.64.020(1)) C
10 C Incest 2 (9A.64.020(2)) D
11
12
D+ Indecent Exposure (Victim <14)
(9A.88.010)
E
13
14
E Indecent Exposure (Victim 14 or over)
(9A.88.010)
E
15 B+ Promoting Prostitution 1 (9A.88.070) C+
16 C+ Promoting Prostitution 2 (9A.88.080) D+
17 E O & A (Prostitution) (9A.88.030) E
18 B+ Indecent Liberties (9A.44.100) C+
19
20
B++ Child Molestation 1 (9A.44.083)
committed at age 14 or under
B+
21
22
A- Child Molestation 1 (9A.44.083)
committed at age 15 through age 17
B+
23 B Child Molestation 2 (9A.44.086) C+
24
25
C Failure to Register as a Sex Offender
(9A.44.132)
D
26
27
Theft, Robbery, Extortion, and
Forgery

28 B Theft 1 (9A.56.030) C
29 C Theft 2 (9A.56.040) D
30 D Theft 3 (9A.56.050) E
31
32
B Theft of Livestock 1 and 2 (9A.56.080
and 9A.56.083)
C
33 C Forgery (9A.60.020) D
34
35
A Robbery 1 (9A.56.200) committed at
age 15 or under
B+
36
37
A++ Robbery 1 (9A.56.200) committed at
age 16 or 17
A
p. 20 HB 1407
1 B+ Robbery 2 (9A.56.210) C+
2 B+ Extortion 1 (9A.56.120) C+
3 C+ Extortion 2 (9A.56.130) D+
4 C Identity Theft 1 (9.35.020(2)) D
5 D Identity Theft 2 (9.35.020(3)) E
6
7
D Improperly Obtaining Financial
Information (9.35.010)
E
8
9
B Possession of a Stolen Vehicle
(9A.56.068)
C
10
11
B Possession of Stolen Property 1
(9A.56.150)
C
12
13
C Possession of Stolen Property 2
(9A.56.160)
D
14
15
D Possession of Stolen Property 3
(9A.56.170)
E
16
17
B Taking Motor Vehicle Without
Permission 1 (9A.56.070)
C
18
19
C Taking Motor Vehicle Without
Permission 2 (9A.56.075)
D
20 B Theft of a Motor Vehicle (9A.56.065) C
21 Motor Vehicle Related Crimes
22 E Driving Without a License (46.20.005) E
23 B+ Hit and Run - Death (46.52.020(4)(a)) C+
24 C Hit and Run - Injury (46.52.020(4)(b)) D
25 D Hit and Run-Attended (46.52.020(5)) E
26 E Hit and Run-Unattended (46.52.010) E
27 C Vehicular Assault (46.61.522) D
28
29
C Attempting to Elude Pursuing Police
Vehicle (46.61.024)
D
30 E Reckless Driving (46.61.500) E
31
32
D Driving While Under the Influence
(46.61.502 and 46.61.504)
E
33
34
B+ Felony Driving While Under the
Influence (46.61.502(6))
B
35
36
B+ Felony Physical Control of a Vehicle
While Under the Influence (46.61.504(6))
B
p. 21 HB 1407
1 Other
2 B Animal Cruelty 1 (16.52.205) C
3 B Bomb Threat (9.61.160) C
4 C Escape 11 (9A.76.110) C
5 C Escape 21 (9A.76.120) C
6 D Escape 3 (9A.76.130) E
7
8
E Obscene, Harassing, Etc., Phone Calls
(9.61.230)
E
9
10
A Other Offense Equivalent to an Adult
Class A Felony
B+
11
12
B Other Offense Equivalent to an Adult
Class B Felony
C
13
14
C Other Offense Equivalent to an Adult
Class C Felony
D
15
16
D Other Offense Equivalent to an Adult
Gross Misdemeanor
E
17
18
E Other Offense Equivalent to an Adult
Misdemeanor
E
19
20
21
V Violation of Order of Restitution,
Community Supervision, or Confinement
(13.40.200)2
V
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses 22
and the standard range is established as follows: 23
1st escape or attempted escape during 12-month period - 28 days 24
confinement 25
2nd escape or attempted escape during 12-month period - 8 weeks 26
confinement 27
3rd and subsequent escape or attempted escape during 12-month 28
period - 12 weeks confinement 29
2If the court finds that a respondent has violated terms of an order, 30
it may impose a penalty of up to 30 days of confinement.31
JUVENILE SENTENCING STANDARDS32
This schedule must be used for juvenile offenders. The court may 33
select sentencing option A, B, C, or D. 34
p. 22 HB 1407
1
2
3
OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
4 A++ 129 to 260 weeks for all category A++ offenses
5 A+ 180 weeks to age 21 for all category A+ offenses
6 A 103-129 weeks for all category A offenses
7 A- 30-40 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks
8 B++ 15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks
9 CURRENT B+ 15-36 weeks 15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks
10 OFFENSE B LS LS 15-36 weeks 15-36 weeks 52-65 weeks
11 CATEGORY C+ LS LS LS 15-36 weeks 15-36 weeks
12 C LS LS LS LS 15-36 weeks
13 D+ LS LS LS LS LS
14 D LS LS LS LS LS
15 E LS LS LS LS LS
16 PRIOR 0 1 2 3 4 or more
17 ADJUDICATIONS
NOTE: References in the grid to days or weeks mean periods of 18
confinement. "LS" means "local sanctions" as defined in RCW 19
13.40.020. 20
(1) The vertical axis of the grid is the current offense 21
category. The current offense category is determined by the offense 22
of adjudication. 23
(2) The horizontal axis of the grid is the number of prior 24
adjudications included in the juvenile's criminal history. Each prior 25
felony adjudication shall count as one point. Each prior violation, 26
misdemeanor, and gross misdemeanor adjudication shall count as 1/4 27
point. Fractional points shall be rounded down. 28
(3) The standard range disposition for each offense is determined 29
by the intersection of the column defined by the prior adjudications 30
and the row defined by the current offense category.31
(4) RCW 13.40.180 applies if the offender is being sentenced for 32
more than one offense. 33
p. 23 HB 1407
(5) A current offense that is a violation is equivalent to an 1
offense category of E. However, a disposition for a violation shall 2
not include confinement. 3
(6) A juvenile adjudicated of malicious mischief in the first, 4
second, or third degree shall be required to perform community 5
restitution in addition to local sanctions or in lieu of time in 6
confinement.7
OR8
OPTION B9
SUSPENDED DISPOSITION ALTERNATIVE10
(1) If the offender is subject to a standard range disposition 11
involving confinement by the department, the court may impose the 12
standard range and suspend the disposition on condition that the 13
offender comply with one or more local sanctions and any educational 14
or treatment requirement. The treatment programs provided to the 15
offender must be either research-based best practice programs as 16
identified by the Washington state institute for public policy or the 17
joint legislative audit and review committee, or for chemical 18
dependency treatment programs or services, they must be evidence-19
based or research-based best practice programs. For the purposes of 20
this subsection: 21
(a) "Evidence-based" means a program or practice that has had 22
multiple site random controlled trials across heterogeneous 23
populations demonstrating that the program or practice is effective 24
for the population; and 25
(b) "Research-based" means a program or practice that has some 26
research demonstrating effectiveness, but that does not yet meet the 27
standard of evidence-based practices. 28
(2) If the offender fails to comply with the suspended 29
disposition, the court may impose sanctions pursuant to RCW 13.40.200 30
or may revoke the suspended disposition and order the disposition's 31
execution. 32
(3) An offender is ineligible for the suspended disposition 33
option under this section if the offender: 34
(a) Is adjudicated of an A+ or A++ offense; 35
(b) Is fourteen years of age or older and is adjudicated of one 36
or more of the following offenses: 37
(i) A class A offense, or an attempt, conspiracy, or solicitation 38
to commit a class A offense; 39
p. 24 HB 1407
(ii) Manslaughter in the first degree (RCW 9A.32.060);1
(iii) Assault in the second degree (RCW 9A.36.021), extortion in 2
the first degree (RCW 9A.56.120), kidnapping in the second degree 3
(RCW 9A.40.030), drive-by shooting (RCW 9A.36.045), vehicular 4
homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), or 5
manslaughter 2 (RCW 9A.32.070); or 6
(iv) Violation of the uniform controlled substances act (RCW 7
69.50.401(2) (a) and (b)), when the offense includes infliction of 8
bodily harm upon another or when during the commission or immediate 9
withdrawal from the offense the respondent was armed with a deadly 10
weapon; 11
(c) Is ordered to serve a disposition for a firearm violation 12
under RCW 13.40.193; 13
(d) Is adjudicated of a sex offense as defined in RCW 9.94A.030; 14
or 15
(e) Has a prior option B disposition. 16
(4) A juvenile adjudicated of malicious mischief in the first, 17
second, or third degree shall be required to perform community 18
restitution in addition to local sanctions or in lieu of time in 19
confinement.20
OR21
OPTION C22
CHEMICAL DEPENDENCY/MENTAL HEALTH DISPOSITION ALTERNATIVE23
If the juvenile offender is subject to a standard range 24
disposition of local sanctions or 15 to 36 weeks of confinement and 25
has not committed a B++ or B+ offense, the court may impose a 26
disposition under RCW 13.40.160(4) and 13.40.165. 27
OR28
OPTION D29
MANIFEST INJUSTICE30
If the court determines that a disposition under option A, B, or C 31
would effectuate a manifest injustice, the court shall impose a 32
disposition outside the standard range under RCW 13.40.160(2).33
Sec. 10. RCW 9.94A.515 and 2024 c 301 s 29 and 2024 c 55 s 1 are 34
each reenacted and amended to read as follows: 35
36 TABLE 2
p. 25 HB 1407
1
2
CRIMES INCLUDED WITHIN EACH
SERIOUSNESS LEVEL

3 XVI Aggravated Murder 1 (RCW 10.95.020)
4 XV Homicide by abuse (RCW 9A.32.055)
5
6
Malicious explosion 1 (RCW
70.74.280(1))

7 Murder 1 (RCW 9A.32.030)
8 XIV Murder 2 (RCW 9A.32.050)
9 Trafficking 1 (RCW 9A.40.100(1))
10
11
XIII Malicious explosion 2 (RCW
70.74.280(2))

12
13
Malicious placement of an explosive 1
(RCW 70.74.270(1))

14 XII Assault 1 (RCW 9A.36.011)
15 Assault of a Child 1 (RCW 9A.36.120)
16
17
Malicious placement of an imitation
device 1 (RCW 70.74.272(1)(a))

18
19
Promoting Commercial Sexual Abuse
of a Minor (RCW 9.68A.101)

20 Rape 1 (RCW 9A.44.040)
21 Rape of a Child 1 (RCW 9A.44.073)
22 Trafficking 2 (RCW 9A.40.100(3))
23 XI Manslaughter 1 (RCW 9A.32.060)
24 Rape 2 (RCW 9A.44.050)
25 Rape of a Child 2 (RCW 9A.44.076)
26
27
28
Vehicular Homicide, by being under the
influence of intoxicating liquor or
any drug (RCW 46.61.520)

29
30
31
Vehicular Homicide, by the operation of
any vehicle in a reckless manner
(RCW 46.61.520)

32 X Child Molestation 1 (RCW 9A.44.083)
33
34
Criminal Mistreatment 1 (RCW
9A.42.020)

p. 26 HB 1407
1
2
3
Indecent Liberties (with forcible
compulsion) (RCW
9A.44.100(1)(a))

4 Kidnapping 1 (RCW 9A.40.020)
5
6
Leading Organized Crime (RCW
9A.82.060(1)(a))

7
8
Malicious explosion 3 (RCW
70.74.280(3))

9
10
Sexually Violent Predator Escape (RCW
9A.76.115)

11
12
IX Abandonment of Dependent Person 1
(RCW 9A.42.060)

13 Assault of a Child 2 (RCW 9A.36.130)
14
15
Explosive devices prohibited (RCW
70.74.180)

16
17
Hit and Run—Death (RCW
46.52.020(4)(a))

18
19
20
Homicide by Watercraft, by being under
the influence of intoxicating liquor
or any drug (RCW 79A.60.050)

21
22
Inciting Criminal Profiteering (RCW
9A.82.060(1)(b))

23
24
Malicious placement of an explosive 2
(RCW 70.74.270(2))

25 Robbery 1 (RCW 9A.56.200)
26 Sexual Exploitation (RCW 9.68A.040)
27 VIII Arson 1 (RCW 9A.48.020)
28
29
Commercial Sexual Abuse of a Minor
(RCW 9.68A.100)

30
31
32
Homicide by Watercraft, by the
operation of any vessel in a reckless
manner (RCW 79A.60.050)

33 Manslaughter 2 (RCW 9A.32.070)
34
35
Promoting Prostitution 1 (RCW
9A.88.070)

p. 27 HB 1407
1 Theft of Ammonia (RCW 69.55.010)
2
3
4
VII Air bag diagnostic systems (causing
bodily injury or death) (RCW
46.37.660(2)(b))

5
6
7
Air bag replacement requirements
(causing bodily injury or death)
(RCW 46.37.660(1)(b))

8 Burglary 1 (RCW 9A.52.020)
9 Child Molestation 2 (RCW 9A.44.086)
10
11
Civil Disorder Training (RCW
9A.48.120)

12
13
Custodial Sexual Misconduct 1 (RCW
9A.44.160)

14
15
16
Dealing in depictions of minor engaged
in sexually explicit conduct 1
(RCW 9.68A.050(1))

17 Drive-by Shooting (RCW 9A.36.045)
18
19
False Reporting 1 (RCW
9A.84.040(2)(a))

20
21
22
Homicide by Watercraft, by disregard
for the safety of others (RCW
79A.60.050)

23
24
25
Indecent Liberties (without forcible
compulsion) (RCW 9A.44.100(1)
(b) and (c))

26
27
Introducing Contraband 1 (RCW
9A.76.140)

28
29
Malicious placement of an explosive 3
(RCW 70.74.270(3))

30
31
32
33
34
Manufacture or import counterfeit,
nonfunctional, damaged, or
previously deployed air bag
(causing bodily injury or death)
(RCW 46.37.650(1)(b))

p. 28 HB 1407
1
2
3
Negligently Causing Death By Use of a
Signal Preemption Device (RCW
46.37.675)

4
5
6
7
Sell, install, or reinstall counterfeit,
nonfunctional, damaged, or
previously deployed airbag (RCW
46.37.650(2)(b))

8
9
10
11
Sending, bringing into state depictions
of minor engaged in sexually
explicit conduct 1 (RCW
9.68A.060(1))

12
13
Unlawful Possession of a Firearm in the
first degree (RCW 9.41.040(1))

14
15
16
Use of a Machine Gun or Bump-fire
Stock in Commission of a Felony
(RCW 9.41.225)

17
18
19
Vehicular Homicide, by disregard for
the safety of others (RCW
46.61.520)

20
21
VI Bail Jumping with Murder 1 (RCW
9A.76.170(3)(a))

22 Bribery (RCW 9A.68.010)
23 Incest 1 (RCW 9A.64.020(1))
24 Intimidating a Judge (RCW 9A.72.160)
25
26
Intimidating a Juror/Witness (RCW
9A.72.110, 9A.72.130)

27
28
Malicious placement of an imitation
device 2 (RCW 70.74.272(1)(b))

29
30
31
Possession of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 1 (RCW 9.68A.070(1))

32 Rape of a Child 3 (RCW 9A.44.079)
33 Theft of a Firearm (RCW 9A.56.300)
34
35
Theft from a Vulnerable Adult 1 (RCW
9A.56.400(1))

p. 29 HB 1407
1
2
Unlawful Storage of Ammonia (RCW
69.55.020)

3
4
V Abandonment of Dependent Person 2
(RCW 9A.42.070)

5
6
7
Advancing money or property for
extortionate extension of credit
(RCW 9A.82.030)

8
9
Air bag diagnostic systems (RCW
46.37.660(2)(c))

10
11
Air bag replacement requirements
(RCW 46.37.660(1)(c))

12
13
Bail Jumping with class A Felony
(RCW 9A.76.170(3)(b))

14 Child Molestation 3 (RCW 9A.44.089)
15
16
Criminal Mistreatment 2 (RCW
9A.42.030)

17
18
Custodial Sexual Misconduct 2 (RCW
9A.44.170)

19
20
21
Dealing in Depictions of Minor
Engaged in Sexually Explicit
Conduct 2 (RCW 9.68A.050(2))

22
23
24
25
Domestic Violence Court Order
Violation (RCW 7.105.450,
10.99.040, 10.99.050, 26.09.300,
26.26B.050, or 26.52.070)

26 Extortion 1 (RCW 9A.56.120)
27
28
Extortionate Extension of Credit (RCW
9A.82.020)

29
30
31
Extortionate Means to Collect
Extensions of Credit (RCW
9A.82.040)

32 Incest 2 (RCW 9A.64.020(2))
33 Kidnapping 2 (RCW 9A.40.030)
p. 30 HB 1407
1
2
3
4
Manufacture or import counterfeit,
nonfunctional, damaged, or
previously deployed air bag (RCW
46.37.650(1)(c))

5 Perjury 1 (RCW 9A.72.020)
6
7
Persistent prison misbehavior (RCW
9.94.070)

8
9
Possession of a Stolen Firearm (RCW
9A.56.310)

10 Rape 3 (RCW 9A.44.060)
11
12
Rendering Criminal Assistance 1 (RCW
9A.76.070)

13
14
15
16
Sell, install, or reinstall counterfeit,
nonfunctional, damaged, or
previously deployed airbag (RCW
46.37.650(2)(c))

17
18
19
20
Sending, Bringing into State Depictions
of Minor Engaged in Sexually
Explicit Conduct 2 (RCW
9.68A.060(2))

21
22
Sexual Misconduct with a Minor 1
(RCW 9A.44.093)

23
24
Sexually Violating Human Remains
(RCW 9A.44.105)

25 Stalking (RCW 9A.46.110)
26
27
Taking Motor Vehicle Without
Permission 1 (RCW 9A.56.070)

28 IV Arson 2 (RCW 9A.48.030)
29 Assault 2 (RCW 9A.36.021)
30
31
32
Assault 3 (of a Peace Officer with a
Projectile Stun Gun) (RCW
9A.36.031(1)(h))

33
34
Assault 4 (third domestic violence
offense) (RCW 9A.36.041(3))

35
36
Assault by Watercraft (RCW
79A.60.060)

p. 31 HB 1407
1
2
3
Bribing a Witness/Bribe Received by
Witness (RCW 9A.72.090,
9A.72.100)

4 Cheating 1 (RCW 9.46.1961)
5 Commercial Bribery (RCW 9A.68.060)
6 Counterfeiting (RCW 9.16.035(4))
7
8
9
Criminal Street Gang Tagging and
Graffiti (second or subsequent
offense) (RCW 9A.48.105(2)(b))

10
11
Driving While Under the Influence
(RCW 46.61.502(6))

12
13
Endangerment with a Controlled
Substance (RCW 9A.42.100)

14 Escape 1 (RCW 9A.76.110)
15 Hate Crime (RCW 9A.36.080)
16
17
Hit and Run—Injury (RCW
46.52.020(4)(b))

18
19
Hit and Run with Vessel—Injury
Accident (RCW 79A.60.200(3))

20 Identity Theft 1 (RCW 9.35.020(2))
21
22
23
Indecent Exposure to Person Under Age
14 (subsequent sex offense) (RCW
9A.88.010)

24
25
Influencing Outcome of Sporting Event
(RCW 9A.82.070)

26
27
28
Physical Control of a Vehicle While
Under the Influence (RCW
46.61.504(6))

29
30
31
Possession of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 2 (RCW 9.68A.070(2))

32 Residential Burglary (RCW 9A.52.025)
33 Robbery 2 (RCW 9A.56.210)
34 Theft of Livestock 1 (RCW 9A.56.080)
35 Threats to Bomb (RCW 9.61.160)
p. 32 HB 1407
1
2
Trafficking in Catalytic Converters 1
(RCW 9A.82.190)

3
4
Trafficking in Stolen Property 1 (RCW
9A.82.050)

5
6
7
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(b))

8
9
10
Unlawful transaction of health coverage
as a health care service contractor
(RCW 48.44.016(3))

11
12
13
Unlawful transaction of health coverage
as a health maintenance
organization (RCW 48.46.033(3))

14
15
Unlawful transaction of insurance
business (RCW 48.15.023(3))

16
17
Unlicensed practice as an insurance
professional (RCW 48.17.063(2))

18
19
20
Use of Proceeds of Criminal
Profiteering (RCW 9A.82.080 (1)
and (2))

21
22
Vehicle Prowling 2 (third or subsequent
offense) (RCW 9A.52.100(3))

23
24
25
26
27
Vehicular Assault, by being under the
influence of intoxicating liquor or
any drug, or by the operation or
driving of a vehicle in a reckless
manner (RCW 46.61.522)

28
29
30
Viewing of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 1 (RCW 9.68A.075(1))

31 III Animal Cruelty 1 (RCW 16.52.205)
32
33
34
35
Assault 3 (Except Assault 3 of a Peace
Officer With a Projectile Stun Gun)
(RCW 9A.36.031 except subsection
(1)(h))

36 Assault of a Child 3 (RCW 9A.36.140)
p. 33 HB 1407
1
2
Bail Jumping with class B or C Felony
(RCW 9A.76.170(3)(c))

3 Burglary 2 (RCW 9A.52.030)
4
5
6
Communication with a Minor for
Immoral Purposes (RCW
9.68A.090)

7
8
Criminal Gang Intimidation (RCW
9A.46.120)

9 Custodial Assault (RCW 9A.36.100)
10
11
Cyber Harassment (RCW
9A.90.120(2)(b))

12 Escape 2 (RCW 9A.76.120)
13 Extortion 2 (RCW 9A.56.130)
14
15
False Reporting 2 (RCW
9A.84.040(2)(b))

16 Harassment (RCW 9A.46.020)
17 Hazing (RCW 28B.10.901(2)(b))
18
19
Intimidating a Public Servant (RCW
9A.76.180)

20
21
Introducing Contraband 2 (RCW
9A.76.150)

22
23
Malicious Injury to Railroad Property
(RCW 81.60.070)

24
25
Manufacture of Untraceable Firearm
with Intent to Sell (RCW 9.41.190)

26
27
28
29
Manufacture or Assembly of an
Undetectable Firearm or
Untraceable Firearm (RCW
9.41.325)

30 Mortgage Fraud (RCW 19.144.080)
31
32
33
34
Negligently Causing Substantial Bodily
Harm By Use of a Signal
Preemption Device (RCW
46.37.674)

p. 34 HB 1407
1
2
Organized Retail Theft 1 (RCW
9A.56.350(2))

3 Perjury 2 (RCW 9A.72.030)
4
5
Possession of Incendiary Device (RCW
9.40.120)

6
7
8
9
Possession of Machine Gun, Bump-Fire
Stock, Undetectable Firearm, or
Short-Barreled Shotgun or Rifle
(RCW 9.41.190)

10
11
Promoting Prostitution 2 (RCW
9A.88.080)

12
13
Retail Theft with Special Circumstances
1 (RCW 9A.56.360(2))

14
15
Securities Act violation (RCW
21.20.400)

16
17
Tampering with a Witness (RCW
9A.72.120)

18
19
20
Telephone Harassment (subsequent
conviction or threat of death)
(RCW 9.61.230(2))

21 Theft of Livestock 2 (RCW 9A.56.083)
22
23
Theft with the Intent to Resell 1 (RCW
9A.56.340(2))

24
25
Trafficking in Catalytic Converters 2
(RCW 9A.82.200)

26
27
Trafficking in Stolen Property 2 (RCW
9A.82.055)

28
29
Unlawful Hunting of Big Game 1
(RCW 77.15.410(3)(b))

30
31
Unlawful Imprisonment (RCW
9A.40.040)

32
33
Unlawful Misbranding of Fish or
Shellfish 1 (RCW 77.140.060(3))

34
35
Unlawful possession of firearm in the
second degree (RCW 9.41.040(2))

p. 35 HB 1407
1
2
Unlawful Taking of Endangered Fish or
Wildlife 1 (RCW 77.15.120(3)(b))

3
4
5
Unlawful Trafficking in Fish, Shellfish,
or Wildlife 1 (RCW
77.15.260(3)(b))

6
7
Unlawful Use of a Nondesignated
Vessel (RCW 77.15.530(4))

8
9
10
11
Vehicular Assault, by the operation or
driving of a vehicle with disregard
for the safety of others (RCW
46.61.522)

12
13
II Commercial Fishing Without a License
1 (RCW 77.15.500(3)(b))

14 Computer Trespass 1 (RCW 9A.90.040)
15 Counterfeiting (RCW 9.16.035(3))
16
17
Electronic Data Service Interference
(RCW 9A.90.060)

18
19
Electronic Data Tampering 1 (RCW
9A.90.080)

20
21
Electronic Data Theft (RCW
9A.90.100)

22
23
Engaging in Fish Dealing Activity
Unlicensed 1 (RCW 77.15.620(3))

24
25
Escape from Community Custody
(RCW 72.09.310)

26
27
28
29
Failure to Register as a Sex Offender
(second or subsequent offense)
(RCW 9A.44.130 prior to June 10,
2010, and RCW 9A.44.132)

30
31
Health Care False Claims (RCW
48.80.030)

32 Identity Theft 2 (RCW 9.35.020(3))
33
34
Improperly Obtaining Financial
Information (RCW 9.35.010)

35 Malicious Mischief 1 (RCW 9A.48.070)
p. 36 HB 1407
1
2
Organized Retail Theft 2 (RCW
9A.56.350(3))

3
4
Possession of Stolen Property 1 (RCW
9A.56.150)

5
6
Possession of a Stolen Vehicle (RCW
9A.56.068)

7
8
9
Possession, sale, or offering for sale of
seven or more unmarked catalytic
converters (RCW 9A.82.180(5))

10
11
Retail Theft with Special Circumstances
2 (RCW 9A.56.360(3))

12
13
14
15
Scrap Processing, Recycling, or
Supplying Without a License
(second or subsequent offense)
(RCW 19.290.100)

16 Theft 1 (RCW 9A.56.030)
17
18
Theft of a Motor Vehicle (RCW
9A.56.065)

19
20
21
22
Theft of Rental, Leased, Lease-
purchased, or Loaned Property
(valued at $5,000 or more) (RCW
9A.56.096(5)(a))

23
24
Theft with the Intent to Resell 2 (RCW
9A.56.340(3))

25
26
Trafficking in Insurance Claims (RCW
48.30A.015)

27
28
29
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(a))

30
31
32
Unlawful Participation of Non-Indians
in Indian Fishery (RCW
77.15.570(2))

33
34
Unlawful Practice of Law (RCW
2.48.180)

35
36
Unlawful Purchase or Use of a License
(RCW 77.15.650(3)(b))

p. 37 HB 1407
1
2
3
Unlawful Trafficking in Fish, Shellfish,
or Wildlife 2 (RCW
77.15.260(3)(a))

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

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

9
10
False Verification for Welfare (RCW
74.08.055)

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

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

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

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

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

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

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

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

p. 38 HB 1407
1
2
Unlawful Fish and Shellfish Catch
Accounting (RCW 77.15.630(3)(b))

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

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

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

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

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

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

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

20
21
Unlawful Trafficking in Food Stamps
(RCW 9.91.142)

22
23
Unlawful Use of Food Stamps (RCW
9.91.144)

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

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

NEW SECTION. Sec. 11. If any provision of this act or its 29
application to any person or circumstance is held invalid, the 30
remainder of the act or the application of the provision to other 31
persons or circumstances is not affected.32
--- END ---
p. 39 HB 1407