Vehicle & retail theft

AN ACT Relating to addressing motor vehicle and retail theft 1
offenses; amending RCW 46.61.024, 9A.56.350, 9A.56.360, 9.94A.834, 2
9.94A.525, 9.94A.525, and 9.94A.533; reenacting and amending RCW 3
9.94A.515; adding a new section to chapter 9.94A RCW; adding a new 4
section to chapter 43.101 RCW; creating a new section; prescribing 5
penalties; providing an effective date; and providing an expiration 6
date. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
PART I - FINDINGS AND INTENT9
NEW SECTION. Sec. 1. The legislature finds that auto theft has 10
increased by 122 percent in the state of Washington from 2019 to 11
2023, with 54,187 incidents reported in 2023 alone. A recent study by 12
Forbes found that Washington is the state most impacted by retail 13
crime with a 24 percent increase in retail theft incidents between 14
2019 and 2022, and the Washington retail association estimates that 15
retailers are losing approximately $3,000,000,000 a year from retail 16
theft.17
The legislature further finds that auto and retail theft are not 18
victimless property crimes; rather, those offenses significantly 19
impact Washingtonians' safety and their ability to care for 20
H-0556.1
HOUSE BILL 1452
State of Washington 69th Legislature 2025 Regular Session
By Representatives Griffey, Couture, Graham, Schmidt, Rude, Caldier,
Jacobsen, Klicker, and Barkis
Read first time 01/21/25. Referred to Committee on Community Safety.
p. 1 HB 1452
themselves and their families. An individual whose car is stolen is 1
not able to get themself or others to work, school, the grocery 2
store, medical appointments, and other essential activities. The 3
prevalence of retail theft makes employees and customers feel unsafe 4
in stores and parking lots due to the amount of theft occurring.5
The legislature therefore intends to strengthen the penalties for 6
motor vehicle theft and retail theft crimes, and to fund specialized 7
prosecutors in counties with high incidents of motor vehicle and 8
retail theft. 9
PART II - FELONY MOTOR VEHICLE AND RETAIL THEFT OFFENSES10
Sec. 2. RCW 46.61.024 and 2010 c 8 s 9065 are each amended to 11
read as follows: 12
(1)(a) Any driver of a motor vehicle who willfully fails or 13
refuses to immediately bring his or her vehicle to a stop and who 14
drives his or her vehicle in a reckless manner while attempting to 15
elude a pursuing police vehicle, after being given a visual or 16
audible signal to bring the vehicle to a stop, shall be guilty of a 17
class C felony ranked as a seriousness level I offense, except as 18
provided in (b) of this subsection . The signal given by the police 19
officer may be by hand, voice, emergency light, or siren. The officer 20
giving such a signal shall be in uniform and the vehicle shall be 21
equipped with lights and sirens. 22
(b) Any driver of a motor vehicle who commits the offense 23
described in (a) of this subsection while there is also reasonable 24
suspicion that the driver has committed or is in the act of 25
committing theft of a motor vehicle in violation of RCW 9A.56.065, or 26
taking a motor vehicle without permission in the first degree in 27
violation of RCW 9A.56.070, shall be guilty of a class C felony 28
ranked as a seriousness level III offense.29
(2) It is an affirmative defense to this section which must be 30
established by a preponderance of the evidence that: (a) A reasonable 31
person would not believe that the signal to stop was given by a 32
police officer; and (b) driving after the signal to stop was 33
reasonable under the circumstances. 34
(3) The license or permit to drive or any nonresident driving 35
privilege of a person convicted of a violation of this section shall 36
be revoked by the department of licensing. 37
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Sec. 3. RCW 9A.56.350 and 2017 c 329 s 1 are each amended to 1
read as follows: 2
(1) A person is guilty of organized retail theft if he or she:3
(a) Commits theft of property with a value of at least seven 4
hundred fifty dollars from a mercantile establishment with an 5
accomplice; 6
(b) Possesses stolen property, as defined in RCW 9A.56.140, with 7
a value of at least seven hundred fifty dollars from a mercantile 8
establishment with an accomplice; 9
(c) Commits theft of property with a cumulative value of at least 10
seven hundred fifty dollars from one or more mercantile 11
establishments within a period of up to one hundred eighty days; or12
(d) Commits theft of property with a cumulative value of at least 13
seven hundred fifty dollars from a mercantile establishment with no 14
less than six accomplices and makes or sends at least one electronic 15
communication seeking participation in the theft in the course of 16
planning or commission of the theft. For the purposes of this 17
subsection, "electronic communication" has the same meaning as 18
defined in RCW ((9.61.260(5))) 9A.90.120(8). 19
(2)(a) A person is guilty of organized retail theft in the first 20
degree if the property stolen or possessed has a value of five 21
thousand dollars or more. ((Organized))22
(b) Except as provided in (c) of this subsection, organized 23
retail theft in the first degree is a class B felony.24
(c) If the property stolen or possessed has a value of $20,000 or 25
more, organized retail theft in the first degree is a class A felony. 26
When imposing a sentence for organized retail theft in the first 27
degree meeting the criteria under this subsection (2)(c), the court 28
shall impose a $50,000 fine in addition to any ordered term of 29
confinement.30
(3) A person is guilty of organized retail theft in the second 31
degree if the property stolen or possessed has a value of at least 32
seven hundred fifty dollars, but less than five thousand dollars. 33
Organized retail theft in the second degree is a class C felony.34
(4) For purposes of this section, a series of thefts committed by 35
the same person from one or more mercantile establishments over a 36
period of one hundred eighty days may be aggregated in one count and 37
the sum of the value of all the property shall be the value 38
considered in determining the degree of the organized retail theft 39
involved. Thefts committed by the same person in different counties 40
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that have been aggregated in one county may be prosecuted in any 1
county in which any one of the thefts occurred. For purposes of 2
subsection (1)(d) of this section, thefts committed by the principal 3
and accomplices may be aggregated into one count and the value of all 4
the property shall be the value considered in determining the degree 5
of organized retail theft involved. 6
(5) The mercantile establishment or establishments whose property 7
is alleged to have been stolen may request that the charge be 8
aggregated with other thefts of property about which the mercantile 9
establishment or establishments is aware. In the event a request to 10
aggregate the prosecution is declined, the mercantile establishment 11
or establishments shall be promptly advised by the prosecuting 12
jurisdiction making the decision to decline aggregating the 13
prosecution of the decision and the reasons for such decision.14
Sec. 4. RCW 9A.56.360 and 2017 c 224 s 1 are each amended to 15
read as follows: 16
(1) A person commits retail theft with special circumstances if 17
he or she commits theft of property from a mercantile establishment 18
with one of the following special circumstances: 19
(a) To facilitate the theft, the person leaves the mercantile 20
establishment through a designated emergency exit;21
(b) The person was, at the time of the theft, in possession of an 22
item, article, implement, or device used, under circumstances 23
evincing an intent to use or employ, or designed to overcome security 24
systems including, but not limited to, lined bags or tag removers; 25
((or))26
(c) The person committed theft at three or more separate and 27
distinct mercantile establishments within a one hundred eighty-day 28
period; or29
(d) The person committed the theft, in whole or in part, in an 30
area of the mercantile establishment designated as only accessible to 31
employees. 32
(2) A person is guilty of retail theft with special circumstances 33
in the first degree if the theft involved constitutes theft in the 34
first degree. Retail theft with special circumstances in the first 35
degree is a class B felony. 36
(3) A person is guilty of retail theft with special circumstances 37
in the second degree if the theft involved constitutes theft in the 38
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second degree. Retail theft with special circumstances in the second 1
degree is a class C felony. 2
(4) A person is guilty of retail theft with special circumstances 3
in the third degree if the theft involved constitutes theft in the 4
third degree. Retail theft with special circumstances in the third 5
degree is a class C felony. 6
(5) For the purposes of this section, "special circumstances" 7
means the particular aggravating circumstances described in 8
subsection (1)(a) through (c) of this section. 9
(6)(a) A series of thefts committed by the same person from one 10
or more mercantile establishments over a period of one hundred eighty 11
days may be aggregated in one count and the sum of the value of all 12
the property shall be the value considered in determining the degree 13
of the retail theft with special circumstances involved. Thefts 14
committed by the same person in different counties that have been 15
aggregated in one county may be prosecuted in any county in which any 16
one of the thefts occurred. In no case may an aggregated series of 17
thefts, or a single theft that has been aggregated in one county, be 18
prosecuted in more than one county. 19
(b) The mercantile establishment or establishments whose property 20
is alleged to have been stolen may request that the charge be 21
aggregated with other thefts of property about which the mercantile 22
establishment or establishments is aware. In the event a request to 23
aggregate the prosecution is declined, the mercantile establishment 24
or establishments shall be promptly advised by the prosecuting 25
jurisdiction making the decision to decline aggregating the 26
prosecution of the decision and the reasons for the decision.27
PART III - CRIMINAL PROSECUTION AND SENTENCING28
Sec. 5. RCW 9.94A.834 and 2008 c 219 s 2 are each amended to 29
read as follows: 30
(1) The prosecuting attorney may file a special allegation of 31
endangerment by eluding in every criminal case involving a charge of 32
attempting to elude a police vehicle under RCW 46.61.024, when 33
sufficient admissible evidence exists, to show that one or more 34
persons other than the defendant or the pursuing law enforcement 35
officer were threatened with physical injury or harm by the actions 36
of the person committing the crime of attempting to elude a police 37
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vehicle, or that the defendant committed or was committing any of the 1
following acts:2
(a) Theft of a motor vehicle under RCW 9A.56.065;3
(b) Taking a motor vehicle without permission in the first degree 4
under RCW 9A.56.070; or5
(c) Evading the enforcement of an active warrant for arrest.6
(2) In a criminal case in which there has been a special 7
allegation, the state shall prove beyond a reasonable doubt that the 8
accused committed the crime while endangering one or more persons 9
other than the defendant or the pursuing law enforcement officer , or 10
that the accused committed the crime and committed or was committing 11
an act described in subsection (1)(a) through (c) of this section . 12
The court shall make a finding of fact of whether or not one or more 13
persons other than the defendant or the pursuing law enforcement 14
officer were endangered at the time of the commission of the crime or 15
whether or not the accused also committed or was committing an act 16
described in subsection (1)(a) through (c) of this section , or if a 17
jury trial is had, the jury shall, if it finds the defendant guilty, 18
also find a special verdict as to whether or not one or more persons 19
other than the defendant or the pursuing law enforcement officer were 20
endangered during the commission of the crime or whether or not the 21
accused also committed or was committing an act described in 22
subsection (1)(a) through (c) of this section. 23
NEW SECTION. Sec. 6. A new section is added to chapter 9.94A 24
RCW to read as follows: 25
(1) The prosecuting attorney may file a special allegation when 26
sufficient evidence exists to show that the accused is a habitual 27
property offender. 28
(2) In a criminal case in which there has been a special 29
allegation and the accused has been convicted of the underlying 30
crime, the court shall make a finding of fact prior to sentencing 31
whether the person is a habitual property offender based on the 32
person's criminal history. If the court finds beyond a reasonable 33
doubt that the person is a habitual property offender, the person 34
shall be sentenced in accordance with RCW 9.94A.533(16).35
(3) For purposes of this section, a person is a habitual property 36
offender if: 37
(a) The present felony conviction for which the person is being 38
sentenced is for residential burglary, burglary in the second degree, 39
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theft in the first degree, theft in the second degree, theft of a 1
firearm, unlawful issuance of checks or drafts, organized retail 2
theft, retail theft with special circumstances, or mail theft;3
(b) The person has an offender score of nine points or higher;4
(c) At least five of the points in the person's offender score 5
result from any combination of the following felony offenses: 6
Residential burglary; burglary in the second degree; theft in the 7
first degree; theft in the second degree; theft of a firearm; 8
unlawful issuance of checks or drafts; organized retail theft; retail 9
theft with special circumstances; or mail theft; and10
(d) The person has committed three or more property crime 11
offenses within 180 days. 12
Sec. 7. RCW 9.94A.525 and 2023 c 415 s 2 are each amended to 13
read as follows: 14
The offender score is measured on the horizontal axis of the 15
sentencing grid. The offender score rules are as follows:16
The offender score is the sum of points accrued under this 17
section rounded down to the nearest whole number. 18
(1)(a) A prior conviction is a conviction which exists before the 19
date of sentencing for the offense for which the offender score is 20
being computed. Convictions entered or sentenced on the same date as 21
the conviction for which the offender score is being computed shall 22
be deemed "other current offenses" within the meaning of RCW 23
9.94A.589. 24
(b) For the purposes of this section, adjudications of guilt 25
pursuant to Title 13 RCW which are not murder in the first or second 26
degree or class A felony sex offenses may not be included in the 27
offender score. 28
(2)(a) Class A and sex prior felony convictions shall always be 29
included in the offender score. 30
(b) Class B prior felony convictions other than sex offenses 31
shall not be included in the offender score, if since the last date 32
of release from confinement (including full-time residential 33
treatment) pursuant to a felony conviction, if any, or entry of 34
judgment and sentence, the offender had spent ten consecutive years 35
in the community without committing any crime that subsequently 36
results in a conviction. 37
(c) Except as provided in (e) of this subsection, class C prior 38
felony convictions other than sex offenses shall not be included in 39
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the offender score if, since the last date of release from 1
confinement (including full-time residential treatment) pursuant to a 2
felony conviction, if any, or entry of judgment and sentence, the 3
offender had spent five consecutive years in the community without 4
committing any crime that subsequently results in a conviction.5
(d) Except as provided in (e) of this subsection, serious traffic 6
convictions shall not be included in the offender score if, since the 7
last date of release from confinement (including full-time 8
residential treatment) pursuant to a conviction, if any, or entry of 9
judgment and sentence, the offender spent five years in the community 10
without committing any crime that subsequently results in a 11
conviction. 12
(e) If the present conviction is felony driving while under the 13
influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or 14
felony physical control of a vehicle while under the influence of 15
intoxicating liquor or any drug (RCW 46.61.504(6)), all predicate 16
crimes for the offense as defined by RCW 46.61.5055(14) shall be 17
included in the offender score, and prior convictions for felony 18
driving while under the influence of intoxicating liquor or any drug 19
(RCW 46.61.502(6)) or felony physical control of a vehicle while 20
under the influence of intoxicating liquor or any drug (RCW 21
46.61.504(6)) shall always be included in the offender score. All 22
other convictions of the defendant shall be scored according to this 23
section. 24
(f) Prior convictions for a repetitive domestic violence offense, 25
as defined in RCW 9.94A.030, shall not be included in the offender 26
score if, since the last date of release from confinement or entry of 27
judgment and sentence, the offender had spent ten consecutive years 28
in the community without committing any crime that subsequently 29
results in a conviction. 30
(g) This subsection applies to both prior adult convictions and 31
prior juvenile adjudications. 32
(3) Out-of-state convictions for offenses shall be classified 33
according to the comparable offense definitions and sentences 34
provided by Washington law. Federal convictions for offenses shall be 35
classified according to the comparable offense definitions and 36
sentences provided by Washington law. Neither out-of-state or federal 37
convictions which would have been presumptively adjudicated in 38
juvenile court under Washington law may be included in the offender 39
score unless they are comparable to murder in the first or second 40
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degree or a class A felony sex offense. If there is no clearly 1
comparable offense under Washington law or the offense is one that is 2
usually considered subject to exclusive federal jurisdiction, the 3
offense shall be scored as a class C felony equivalent if it was a 4
felony under the relevant federal statute. 5
(4) Score prior convictions for felony anticipatory offenses 6
(attempts, criminal solicitations, and criminal conspiracies) the 7
same as if they were convictions for completed offenses.8
(5)(a) In the case of multiple prior convictions, for the purpose 9
of computing the offender score, count all convictions separately, 10
except: 11
(i) Prior offenses which were found, under RCW 9.94A.589(1)(a), 12
to encompass the same criminal conduct, shall be counted as one 13
offense, the offense that yields the highest offender score. The 14
current sentencing court shall determine with respect to other prior 15
adult offenses for which sentences were served concurrently or prior 16
juvenile offenses for which sentences were served consecutively, 17
whether those offenses shall be counted as one offense or as separate 18
offenses using the "same criminal conduct" analysis found in RCW 19
9.94A.589(1)(a), and if the court finds that they shall be counted as 20
one offense, then the offense that yields the highest offender score 21
shall be used. The current sentencing court may presume that such 22
other prior offenses were not the same criminal conduct from 23
sentences imposed on separate dates, or in separate counties or 24
jurisdictions, or in separate complaints, indictments, or 25
informations; 26
(ii) In the case of multiple prior convictions for offenses 27
committed before July 1, 1986, for the purpose of computing the 28
offender score, count all convictions or adjudications served 29
concurrently as one offense. Use the conviction for the offense that 30
yields the highest offender score. 31
(b) As used in this subsection (5), "served concurrently" means 32
that: (i) The latter sentence was imposed with specific reference to 33
the former; (ii) the concurrent relationship of the sentences was 34
judicially imposed; and (iii) the concurrent timing of the sentences 35
was not the result of a probation or parole revocation on the former 36
offense. 37
(6) If the present conviction is one of the anticipatory offenses 38
of criminal attempt, solicitation, or conspiracy, count each prior 39
conviction as if the present conviction were for a completed offense. 40
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When these convictions are used as criminal history, score them the 1
same as a completed crime. 2
(7) If the present conviction is for a nonviolent offense and not 3
covered by subsection (11), (12), or (13) of this section, count one 4
point for each adult prior felony conviction and one point for each 5
juvenile prior violent felony conviction which is scorable under 6
subsection (1)(b) of this section. 7
(8) If the present conviction is for a violent offense and not 8
covered in subsection (9), (10), (11), (12), or (13) of this section, 9
count two points for each prior adult violent felony conviction and 10
juvenile violent felony conviction which is scorable under subsection 11
(1)(b) of this section, and one point for each prior adult nonviolent 12
felony conviction. 13
(9) If the present conviction is for a serious violent offense, 14
count three points for prior adult convictions and juvenile 15
convictions which are scorable under subsection (1)(b) of this 16
section for crimes in this category, two points for each prior adult 17
and scorable juvenile violent conviction (not already counted), and 18
one point for each prior adult nonviolent felony conviction.19
(10) If the present conviction is for Burglary 1, count prior 20
convictions as in subsection (8) of this section; however count two 21
points for each prior Burglary 2 or residential burglary conviction.22
(11) If the present conviction is for a felony traffic offense 23
count two points for each prior conviction for Vehicular Homicide or 24
Vehicular Assault; for each felony offense count one point for each 25
adult prior conviction and 1/2 point for each juvenile prior 26
conviction which is scorable under subsection (1)(b) of this section; 27
for each serious traffic offense, other than those used for an 28
enhancement pursuant to RCW 46.61.520(2), count one point for each 29
adult prior conviction and 1/2 point for each juvenile prior 30
conviction which is scorable under subsection (1)(b) of this section; 31
count one point for each adult prior conviction for operation of a 32
vessel while under the influence of intoxicating liquor or any drug.33
(12) If the present conviction is for homicide by watercraft or 34
assault by watercraft count two points for each adult prior 35
conviction for homicide by watercraft or assault by watercraft; for 36
each felony offense count one point for each adult prior conviction 37
and 1/2 point for each juvenile prior conviction which would be 38
scorable under subsection (1)(b) of this section; count one point for 39
each adult prior conviction for driving under the influence of 40
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intoxicating liquor or any drug, actual physical control of a motor 1
vehicle while under the influence of intoxicating liquor or any drug, 2
or operation of a vessel while under the influence of intoxicating 3
liquor or any drug. 4
(13) If the present conviction is for manufacture of 5
methamphetamine count three points for each adult prior manufacture 6
of methamphetamine conviction. If the present conviction is for a 7
drug offense and the offender has a criminal history that includes a 8
sex offense or serious violent offense, count three points for each 9
adult prior felony drug offense conviction. All other felonies are 10
scored as in subsection (8) of this section if the current drug 11
offense is violent, or as in subsection (7) of this section if the 12
current drug offense is nonviolent. 13
(14) If the present conviction is for Escape from Community 14
Custody, RCW 72.09.310, count only adult prior escape convictions in 15
the offender score. Count prior escape convictions as one point.16
(15) If the present conviction is for Escape 1, RCW 9A.76.110, or 17
Escape 2, RCW 9A.76.120, count adult prior convictions as one point 18
and juvenile prior convictions which are scorable under subsection 19
(1)(b) of this section as 1/2 point. 20
(16) If the present conviction is for Burglary 2 or residential 21
burglary, count priors as in subsection (7) of this section; however, 22
count two points for each prior Burglary 1 conviction, and two points 23
for each prior Burglary 2 or residential burglary conviction.24
(17) If the present conviction is for a sex offense, count priors 25
as in subsections (7) through (11) and (13) through (16) of this 26
section; however count three points for each adult prior sex offense 27
conviction and juvenile prior class A felony sex offense 28
adjudication. 29
(18) If the present conviction is for failure to register as a 30
sex offender under RCW 9A.44.130 or 9A.44.132, count priors as in 31
subsections (7) through (11) and (13) through (16) of this section; 32
however count three points for each adult prior sex offense 33
conviction and juvenile prior sex offense conviction which is 34
scorable under subsection (1)(b) of this section, excluding adult 35
prior convictions for failure to register as a sex offender under RCW 36
9A.44.130 or 9A.44.132, which shall count as one point.37
(19) If the present conviction is for an offense committed while 38
the offender was under community custody, add one point. For purposes 39
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of this subsection, community custody includes community placement or 1
postrelease supervision, as defined in chapter 9.94B RCW.2
(20) If the present conviction is for Theft of a Motor Vehicle, 3
Possession of a Stolen Vehicle, Taking a Motor Vehicle Without 4
Permission 1, or Taking a Motor Vehicle Without Permission 2, count 5
priors as in subsections (7) through (18) of this section; however 6
count one point for prior convictions of Vehicle Prowling 2, and 7
((three)) four points for each adult prior Theft 1 (of a motor 8
vehicle), Theft 2 (of a motor vehicle), Possession of Stolen Property 9
1 (of a motor vehicle), Possession of Stolen Property 2 (of a motor 10
vehicle), Theft of a Motor Vehicle, Possession of a Stolen Vehicle, 11
Taking a Motor Vehicle Without Permission 1, or Taking a Motor 12
Vehicle Without Permission 2 conviction. 13
(21) If the present conviction is for a felony domestic violence 14
offense where domestic violence as defined in RCW 9.94A.030 was 15
pleaded and proven, count priors as in subsections (7) through (20) 16
of this section; however, count points as follows:17
(a) Count two points for each adult prior conviction where 18
domestic violence as defined in RCW 9.94A.030 was pleaded and proven 19
after August 1, 2011, for any of the following offenses: A felony 20
violation of a no -contact or protection order (RCW 7.105.450 or 21
former RCW 26.50.110), felony Harassment (RCW 9A.46.020(2)(b)), 22
felony Stalking (RCW 9A.46.110(5)(b)), Burglary 1 (RCW 9A.52.020), 23
Kidnapping 1 (RCW 9A.40.020), Kidnapping 2 (RCW 9A.40.030), Unlawful 24
imprisonment (RCW 9A.40.040), Robbery 1 (RCW 9A.56.200), Robbery 2 25
(RCW 9A.56.210), Assault 1 (RCW 9A.36.011), Assault 2 (RCW 26
9A.36.021), Assault 3 (RCW 9A.36.031), Arson 1 (RCW 9A.48.020), or 27
Arson 2 (RCW 9A.48.030); 28
(b) Count two points for each adult prior conviction where 29
domestic violence as defined in RCW 9.94A.030 was pleaded and proven 30
after July 23, 2017, for any of the following offenses: Assault of a 31
child in the first degree, RCW 9A.36.120; Assault of a child in the 32
second degree, RCW 9A.36.130; Assault of a child in the third degree, 33
RCW 9A.36.140; Criminal Mistreatment in the first degree, RCW 34
9A.42.020; or Criminal Mistreatment in the second degree, RCW 35
9A.42.030; and 36
(c) Count one point for each adult prior conviction for a 37
repetitive domestic violence offense as defined in RCW 9.94A.030, 38
where domestic violence as defined in RCW 9.94A.030, was pleaded and 39
proven after August 1, 2011. 40
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(22) The fact that a prior conviction was not included in an 1
offender's offender score or criminal history at a previous 2
sentencing shall have no bearing on whether it is included in the 3
criminal history or offender score for the current offense. Prior 4
convictions that were not counted in the offender score or included 5
in criminal history under repealed or previous versions of the 6
sentencing reform act shall be included in criminal history and shall 7
count in the offender score if the current version of the sentencing 8
reform act requires including or counting those convictions. Prior 9
convictions that were not included in criminal history or in the 10
offender score shall be included upon any resentencing to ensure 11
imposition of an accurate sentence. 12
Sec. 8. RCW 9.94A.525 and 2024 c 306 s 6 are each amended to 13
read as follows: 14
The offender score is measured on the horizontal axis of the 15
sentencing grid. The offender score rules are as follows:16
The offender score is the sum of points accrued under this 17
section rounded down to the nearest whole number. 18
(1)(a) A prior conviction is a conviction which exists before the 19
date of sentencing for the offense for which the offender score is 20
being computed. Convictions entered or sentenced on the same date as 21
the conviction for which the offender score is being computed shall 22
be deemed "other current offenses" within the meaning of RCW 23
9.94A.589. 24
(b) For the purposes of this section, adjudications of guilt 25
pursuant to Title 13 RCW which are not murder in the first or second 26
degree or class A felony sex offenses may not be included in the 27
offender score. 28
(2)(a) Class A and sex prior felony convictions shall always be 29
included in the offender score. 30
(b) Class B prior felony convictions other than sex offenses 31
shall not be included in the offender score, if since the last date 32
of release from confinement (including full-time residential 33
treatment) pursuant to a felony conviction, if any, or entry of 34
judgment and sentence, the offender had spent 10 consecutive years in 35
the community without committing any crime that subsequently results 36
in a conviction. 37
(c) Except as provided in (e) of this subsection, class C prior 38
felony convictions other than sex offenses shall not be included in 39
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the offender score if, since the last date of release from 1
confinement (including full-time residential treatment) pursuant to a 2
felony conviction, if any, or entry of judgment and sentence, the 3
offender had spent five consecutive years in the community without 4
committing any crime that subsequently results in a conviction.5
(d) Except as provided in (e) of this subsection, serious traffic 6
convictions shall not be included in the offender score if, since the 7
last date of release from confinement (including full-time 8
residential treatment) pursuant to a conviction, if any, or entry of 9
judgment and sentence, the offender spent five years in the community 10
without committing any crime that subsequently results in a 11
conviction. 12
(e) If the present conviction is felony driving while under the 13
influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or 14
felony physical control of a vehicle while under the influence of 15
intoxicating liquor or any drug (RCW 46.61.504(6)), all predicate 16
crimes for the offense as defined by RCW 46.61.5055(14) shall be 17
included in the offender score, and prior convictions for felony 18
driving while under the influence of intoxicating liquor or any drug 19
(RCW 46.61.502(6)) or felony physical control of a vehicle while 20
under the influence of intoxicating liquor or any drug (RCW 21
46.61.504(6)) shall always be included in the offender score. All 22
other convictions of the defendant shall be scored according to this 23
section. 24
(f) Prior convictions for a repetitive domestic violence offense, 25
as defined in RCW 9.94A.030, shall not be included in the offender 26
score if, since the last date of release from confinement or entry of 27
judgment and sentence, the offender had spent 10 consecutive years in 28
the community without committing any crime that subsequently results 29
in a conviction. 30
(g) This subsection applies to both prior adult convictions and 31
prior juvenile adjudications. 32
(3) Out-of-state convictions for offenses shall be classified 33
according to the comparable offense definitions and sentences 34
provided by Washington law. Federal convictions for offenses shall be 35
classified according to the comparable offense definitions and 36
sentences provided by Washington law. Neither out-of-state or federal 37
convictions which would have been presumptively adjudicated in 38
juvenile court under Washington law may be included in the offender 39
score unless they are comparable to murder in the first or second 40
p. 14 HB 1452
degree or a class A felony sex offense. If there is no clearly 1
comparable offense under Washington law or the offense is one that is 2
usually considered subject to exclusive federal jurisdiction, the 3
offense shall be scored as a class C felony equivalent if it was a 4
felony under the relevant federal statute. 5
(4) Score prior convictions for felony anticipatory offenses 6
(attempts, criminal solicitations, and criminal conspiracies) the 7
same as if they were convictions for completed offenses.8
(5)(a) In the case of multiple prior convictions, for the purpose 9
of computing the offender score, count all convictions separately, 10
except: 11
(i) Prior offenses which were found, under RCW 9.94A.589(1)(a), 12
to encompass the same criminal conduct, shall be counted as one 13
offense, the offense that yields the highest offender score. The 14
current sentencing court shall determine with respect to other prior 15
adult offenses for which sentences were served concurrently or prior 16
juvenile offenses for which sentences were served consecutively, 17
whether those offenses shall be counted as one offense or as separate 18
offenses using the "same criminal conduct" analysis found in RCW 19
9.94A.589(1)(a), and if the court finds that they shall be counted as 20
one offense, then the offense that yields the highest offender score 21
shall be used. The current sentencing court may presume that such 22
other prior offenses were not the same criminal conduct from 23
sentences imposed on separate dates, or in separate counties or 24
jurisdictions, or in separate complaints, indictments, or 25
informations; 26
(ii) In the case of multiple prior convictions for offenses 27
committed before July 1, 1986, for the purpose of computing the 28
offender score, count all convictions or adjudications served 29
concurrently as one offense. Use the conviction for the offense that 30
yields the highest offender score. 31
(b) As used in this subsection (5), "served concurrently" means 32
that: (i) The latter sentence was imposed with specific reference to 33
the former; (ii) the concurrent relationship of the sentences was 34
judicially imposed; and (iii) the concurrent timing of the sentences 35
was not the result of a probation or parole revocation on the former 36
offense. 37
(6) If the present conviction is one of the anticipatory offenses 38
of criminal attempt, solicitation, or conspiracy, count each prior 39
conviction as if the present conviction were for a completed offense. 40
p. 15 HB 1452
When these convictions are used as criminal history, score them the 1
same as a completed crime. 2
(7) If the present conviction is for a nonviolent offense and not 3
covered by subsection (11), (12), or (13) of this section, count one 4
point for each adult prior felony conviction and one point for each 5
juvenile prior violent felony conviction which is scorable under 6
subsection (1)(b) of this section. 7
(8) If the present conviction is for a violent offense and not 8
covered in subsection (9), (10), (11), (12), or (13) of this section, 9
count two points for each prior adult violent felony conviction and 10
juvenile violent felony conviction which is scorable under subsection 11
(1)(b) of this section, and one point for each prior adult nonviolent 12
felony conviction. 13
(9) If the present conviction is for a serious violent offense, 14
count three points for prior adult convictions and juvenile 15
convictions which are scorable under subsection (1)(b) of this 16
section for crimes in this category, two points for each prior adult 17
and scorable juvenile violent conviction (not already counted), and 18
one point for each prior adult nonviolent felony conviction.19
(10) If the present conviction is for Burglary 1, count prior 20
convictions as in subsection (8) of this section; however count two 21
points for each prior Burglary 2 or residential burglary conviction.22
(11) If the present conviction is for a felony traffic offense 23
count two points for each prior conviction for Vehicular Homicide or 24
Vehicular Assault; for each felony offense count one point for each 25
adult prior conviction and 1/2 point for each juvenile prior 26
conviction which is scorable under subsection (1)(b) of this section; 27
for each serious traffic offense, other than those used for an 28
enhancement pursuant to RCW 46.61.520(2), count one point for each 29
adult prior conviction and 1/2 point for each juvenile prior 30
conviction which is scorable under subsection (1)(b) of this section; 31
count one point for each adult prior conviction for operation of a 32
vessel while under the influence of intoxicating liquor or any drug; 33
count one point for a deferred prosecution granted under chapter 34
10.05 RCW for a second or subsequent violation of RCW 46.61.502 or 35
46.61.504, or an equivalent local ordinance. 36
(12) If the present conviction is for homicide by watercraft or 37
assault by watercraft count two points for each adult prior 38
conviction for homicide by watercraft or assault by watercraft; for 39
each felony offense count one point for each adult prior conviction 40
p. 16 HB 1452
and 1/2 point for each juvenile prior conviction which would be 1
scorable under subsection (1)(b) of this section; count one point for 2
each adult prior conviction for driving under the influence of 3
intoxicating liquor or any drug, actual physical control of a motor 4
vehicle while under the influence of intoxicating liquor or any drug, 5
or operation of a vessel while under the influence of intoxicating 6
liquor or any drug. 7
(13) If the present conviction is for manufacture of 8
methamphetamine count three points for each adult prior manufacture 9
of methamphetamine conviction. If the present conviction is for a 10
drug offense and the offender has a criminal history that includes a 11
sex offense or serious violent offense, count three points for each 12
adult prior felony drug offense conviction. All other felonies are 13
scored as in subsection (8) of this section if the current drug 14
offense is violent, or as in subsection (7) of this section if the 15
current drug offense is nonviolent. 16
(14) If the present conviction is for Escape from Community 17
Custody, RCW 72.09.310, count only adult prior escape convictions in 18
the offender score. Count prior escape convictions as one point.19
(15) If the present conviction is for Escape 1, RCW 9A.76.110, or 20
Escape 2, RCW 9A.76.120, count adult prior convictions as one point 21
and juvenile prior convictions which are scorable under subsection 22
(1)(b) of this section as 1/2 point. 23
(16) If the present conviction is for Burglary 2 or residential 24
burglary, count priors as in subsection (7) of this section; however, 25
count two points for each prior Burglary 1 conviction, and two points 26
for each prior Burglary 2 or residential burglary conviction.27
(17) If the present conviction is for a sex offense, count priors 28
as in subsections (7) through (11) and (13) through (16) of this 29
section; however, count three points for each adult prior sex offense 30
conviction and juvenile prior class A felony sex offense 31
adjudication. 32
(18) If the present conviction is for failure to register as a 33
sex offender under RCW 9A.44.130 or 9A.44.132, count priors as in 34
subsections (7) through (11) and (13) through (16) of this section; 35
however, count three points for each adult prior sex offense 36
conviction and juvenile prior sex offense conviction which is 37
scorable under subsection (1)(b) of this section, excluding adult 38
prior convictions for failure to register as a sex offender under RCW 39
9A.44.130 or 9A.44.132, which shall count as one point.40
p. 17 HB 1452
(19) If the present conviction is for an offense committed while 1
the offender was under community custody, add one point. For purposes 2
of this subsection, community custody includes community placement or 3
postrelease supervision, as defined in chapter 9.94B RCW.4
(20) If the present conviction is for Theft of a Motor Vehicle, 5
Possession of a Stolen Vehicle, Taking a Motor Vehicle Without 6
Permission 1, or Taking a Motor Vehicle Without Permission 2, count 7
priors as in subsections (7) through (18) of this section; however 8
count one point for prior convictions of Vehicle Prowling 2, and 9
((three)) four points for each adult prior Theft 1 (of a motor 10
vehicle), Theft 2 (of a motor vehicle), Possession of Stolen Property 11
1 (of a motor vehicle), Possession of Stolen Property 2 (of a motor 12
vehicle), Theft of a Motor Vehicle, Possession of a Stolen Vehicle, 13
Taking a Motor Vehicle Without Permission 1, or Taking a Motor 14
Vehicle Without Permission 2 conviction. 15
(21) If the present conviction is for a felony domestic violence 16
offense where domestic violence as defined in RCW 9.94A.030 was 17
pleaded and proven, count priors as in subsections (7) through (20) 18
of this section; however, count points as follows:19
(a) Count two points for each adult prior conviction where 20
domestic violence as defined in RCW 9.94A.030 was pleaded and proven 21
after August 1, 2011, for any of the following offenses: A felony 22
violation of a no -contact or protection order (RCW 7.105.450 or 23
former RCW 26.50.110), felony Harassment (RCW 9A.46.020(2)(b)), 24
felony Stalking (RCW 9A.46.110(5)(b)), Burglary 1 (RCW 9A.52.020), 25
Kidnapping 1 (RCW 9A.40.020), Kidnapping 2 (RCW 9A.40.030), Unlawful 26
imprisonment (RCW 9A.40.040), Robbery 1 (RCW 9A.56.200), Robbery 2 27
(RCW 9A.56.210), Assault 1 (RCW 9A.36.011), Assault 2 (RCW 28
9A.36.021), Assault 3 (RCW 9A.36.031), Arson 1 (RCW 9A.48.020), or 29
Arson 2 (RCW 9A.48.030); 30
(b) Count two points for each adult prior conviction where 31
domestic violence as defined in RCW 9.94A.030 was pleaded and proven 32
after July 23, 2017, for any of the following offenses: Assault of a 33
child in the first degree, RCW 9A.36.120; Assault of a child in the 34
second degree, RCW 9A.36.130; Assault of a child in the third degree, 35
RCW 9A.36.140; Criminal Mistreatment in the first degree, RCW 36
9A.42.020; or Criminal Mistreatment in the second degree, RCW 37
9A.42.030; and 38
(c) Count one point for each adult prior conviction for a 39
repetitive domestic violence offense as defined in RCW 9.94A.030, 40
p. 18 HB 1452
where domestic violence as defined in RCW 9.94A.030, was pleaded and 1
proven after August 1, 2011. 2
(22) The fact that a prior conviction was not included in an 3
offender's offender score or criminal history at a previous 4
sentencing shall have no bearing on whether it is included in the 5
criminal history or offender score for the current offense. Prior 6
convictions that were not counted in the offender score or included 7
in criminal history under repealed or previous versions of the 8
sentencing reform act shall be included in criminal history and shall 9
count in the offender score if the current version of the sentencing 10
reform act requires including or counting those convictions. Prior 11
convictions that were not included in criminal history or in the 12
offender score shall be included upon any resentencing to ensure 13
imposition of an accurate sentence. 14
Sec. 9. RCW 9.94A.533 and 2024 c 301 s 28 are each amended to 15
read as follows: 16
(1) The provisions of this section apply to the standard sentence 17
ranges determined by RCW 9.94A.510 or 9.94A.517. 18
(2) For persons convicted of the anticipatory offenses of 19
criminal attempt, solicitation, or conspiracy under chapter 9A.28 20
RCW, the standard sentence range is determined by locating the 21
sentencing grid sentence range defined by the appropriate offender 22
score and the seriousness level of the completed crime, and 23
multiplying the range by ((seventy-five)) 75 percent.24
(3) The following additional times shall be added to the standard 25
sentence range for felony crimes committed after July 23, 1995, if 26
the offender or an accomplice was armed with a firearm as defined in 27
RCW 9.41.010 and the offender is being sentenced for one of the 28
crimes listed in this subsection as eligible for any firearm 29
enhancements based on the classification of the completed felony 30
crime. If the offender is being sentenced for more than one offense, 31
the firearm enhancement or enhancements must be added to the total 32
period of confinement for all offenses, regardless of which 33
underlying offense is subject to a firearm enhancement. If the 34
offender or an accomplice was armed with a firearm as defined in RCW 35
9.41.010 and the offender is being sentenced for an anticipatory 36
offense under chapter 9A.28 RCW to commit one of the crimes listed in 37
this subsection as eligible for any firearm enhancements, the 38
following additional times shall be added to the standard sentence 39
p. 19 HB 1452
range determined under subsection (2) of this section based on the 1
felony crime of conviction as classified under RCW 9A.28.020:2
(a) Five years for any felony defined under any law as a class A 3
felony or with a statutory maximum sentence of at least ((twenty)) 20 4
years, or both, and not covered under (f) of this subsection;5
(b) Three years for any felony defined under any law as a class B 6
felony or with a statutory maximum sentence of ((ten)) 10 years, or 7
both, and not covered under (f) of this subsection;8
(c) Eighteen months for any felony defined under any law as a 9
class C felony or with a statutory maximum sentence of five years, or 10
both, and not covered under (f) of this subsection;11
(d) If the offender is being sentenced for any firearm 12
enhancements under (a), (b), and/or (c) of this subsection 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 (4)(a), (b), and/or (c) of this section, or 16
both, all firearm enhancements under this subsection shall be twice 17
the amount of the enhancement listed; 18
(e) Notwithstanding any other provision of law, all firearm 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 firearm enhancements in this section shall apply to all 29
felony crimes except the following: Possession of a machine gun or 30
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 firearm enhancement 38
increases the sentence so that it would exceed the statutory maximum 39
p. 20 HB 1452
for the offense, the portion of the sentence representing the 1
enhancement may not be reduced. 2
(4) The following additional times shall be added to the standard 3
sentence range for felony crimes committed after July 23, 1995, if 4
the offender or an accomplice was armed with a deadly weapon other 5
than a firearm as defined in RCW 9.41.010 and the offender is being 6
sentenced for one of the crimes listed in this subsection as eligible 7
for any deadly weapon enhancements based on the classification of the 8
completed felony crime. If the offender is being sentenced for more 9
than one offense, the deadly weapon enhancement or enhancements must 10
be added to the total period of confinement for all offenses, 11
regardless of which underlying offense is subject to a deadly weapon 12
enhancement. If the offender or an accomplice was armed with a deadly 13
weapon other than a firearm as defined in RCW 9.41.010 and the 14
offender is being sentenced for an anticipatory offense under chapter 15
9A.28 RCW to commit one of the crimes listed in this subsection as 16
eligible for any deadly weapon enhancements, the following additional 17
times shall be added to the standard sentence range determined under 18
subsection (2) of this section based on the felony crime of 19
conviction as classified under RCW 9A.28.020: 20
(a) Two years for any felony defined under any law as a class A 21
felony or with a statutory maximum sentence of at least ((twenty)) 20 22
years, or both, and not covered under (f) of this subsection;23
(b) One year for any felony defined under any law as a class B 24
felony or with a statutory maximum sentence of ten years, or both, 25
and not covered under (f) of this subsection; 26
(c) Six months for any felony defined under any law as a class C 27
felony or with a statutory maximum sentence of five years, or both, 28
and not covered under (f) of this subsection; 29
(d) If the offender is being sentenced under (a), (b), and/or (c) 30
of this subsection for any deadly weapon enhancements and the 31
offender has previously been sentenced for any deadly weapon 32
enhancements after July 23, 1995, under (a), (b), and/or (c) of this 33
subsection or subsection (3)(a), (b), and/or (c) of this section, or 34
both, all deadly weapon enhancements under this subsection shall be 35
twice the amount of the enhancement listed; 36
(e) Notwithstanding any other provision of law, all deadly weapon 37
enhancements under this section are mandatory, shall be served in 38
total confinement, and shall run consecutively to all other 39
sentencing provisions, including other firearm or deadly weapon 40
p. 21 HB 1452
enhancements, for all offenses sentenced under this chapter. However, 1
whether or not a mandatory minimum term has expired, an offender 2
serving a sentence under this subsection may be: 3
(i) Granted an extraordinary medical placement when authorized 4
under RCW 9.94A.728(1)(c); or 5
(ii) Released under the provisions of RCW 9.94A.730;6
(f) The deadly weapon enhancements in this section shall apply to 7
all felony crimes except the following: Possession of a machine gun 8
or bump-fire stock, possessing a stolen firearm, drive-by shooting, 9
theft of a firearm, unlawful possession of a firearm in the first and 10
second degree, and use of a machine gun or bump-fire stock in a 11
felony; 12
(g) If the standard sentence range under this section exceeds the 13
statutory maximum sentence for the offense, the statutory maximum 14
sentence shall be the presumptive sentence unless the offender is a 15
persistent offender. If the addition of a deadly weapon enhancement 16
increases the sentence so that it would exceed the statutory maximum 17
for the offense, the portion of the sentence representing the 18
enhancement may not be reduced. 19
(5) The following additional times shall be added to the standard 20
sentence range if the offender or an accomplice committed the offense 21
while in a county jail or state correctional facility and the 22
offender is being sentenced for one of the crimes listed in this 23
subsection. If the offender or an accomplice committed one of the 24
crimes listed in this subsection while in a county jail or state 25
correctional facility, and the offender is being sentenced for an 26
anticipatory offense under chapter 9A.28 RCW to commit one of the 27
crimes listed in this subsection, the following additional times 28
shall be added to the standard sentence range determined under 29
subsection (2) of this section: 30
(a) Eighteen months for offenses committed under RCW 69.50.401(2) 31
(a) or (b) or 69.50.410; 32
(b) Fifteen months for offenses committed under RCW 69.50.401(2) 33
(c), (d), or (e); 34
(c) Twelve months for offenses committed under RCW 69.50.4013.35
For the purposes of this subsection, all of the real property of 36
a state correctional facility or county jail shall be deemed to be 37
part of that facility or county jail. 38
(6) An additional ((twenty-four)) 24 months shall be added to the 39
standard sentence range for any ranked offense involving a violation 40
p. 22 HB 1452
of chapter 69.50 RCW if the offense was also a violation of RCW 1
69.50.435 or 9.94A.827. All enhancements under this subsection shall 2
run consecutively to all other sentencing provisions, for all 3
offenses sentenced under this chapter. 4
(7) An additional two years shall be added to the standard 5
sentence range for vehicular homicide committed while under the 6
influence of intoxicating liquor or any drug as defined by RCW 7
46.61.502 for each prior offense as defined in RCW 46.61.5055.8
Notwithstanding any other provision of law, all impaired driving 9
enhancements under this subsection are mandatory, shall be served in 10
total confinement, and shall run consecutively to all other 11
sentencing provisions, including other impaired driving enhancements, 12
for all offenses sentenced under this chapter. 13
An offender serving a sentence under this subsection may be 14
granted an extraordinary medical placement when authorized under RCW 15
9.94A.728(1)(c). 16
(8)(a) The following additional times shall be added to the 17
standard sentence range for felony crimes committed on or after July 18
1, 2006, if the offense was committed with sexual motivation, as that 19
term is defined in RCW 9.94A.030. If the offender is being sentenced 20
for more than one offense, the sexual motivation enhancement must be 21
added to the total period of total confinement for all offenses, 22
regardless of which underlying offense is subject to a sexual 23
motivation enhancement. If the offender committed the offense with 24
sexual motivation and the offender is being sentenced for an 25
anticipatory offense under chapter 9A.28 RCW, the following 26
additional times shall be added to the standard sentence range 27
determined under subsection (2) of this section based on the felony 28
crime of conviction as classified under RCW 9A.28.020:29
(i) Two years for any felony defined under the law as a class A 30
felony or with a statutory maximum sentence of at least ((twenty)) 20 31
years, or both; 32
(ii) Eighteen months for any felony defined under any law as a 33
class B felony or with a statutory maximum sentence of ((ten)) 10 34
years, or both; 35
(iii) One year for any felony defined under any law as a class C 36
felony or with a statutory maximum sentence of five years, or both;37
(iv) If the offender is being sentenced for any sexual motivation 38
enhancements under (a)(i), (ii), and/or (iii) of this subsection and 39
the offender has previously been sentenced for any sexual motivation 40
p. 23 HB 1452
enhancements on or after July 1, 2006, under (a)(i), (ii), and/or 1
(iii) of this subsection, all sexual motivation enhancements under 2
this subsection shall be twice the amount of the enhancement listed;3
(b) Notwithstanding any other provision of law, all sexual 4
motivation enhancements under this subsection are mandatory, shall be 5
served in total confinement, and shall run consecutively to all other 6
sentencing provisions, including other sexual motivation 7
enhancements, for all offenses sentenced under this chapter. However, 8
whether or not a mandatory minimum term has expired, an offender 9
serving a sentence under this subsection may be: 10
(i) Granted an extraordinary medical placement when authorized 11
under RCW 9.94A.728(1)(c); or 12
(ii) Released under the provisions of RCW 9.94A.730;13
(c) The sexual motivation enhancements in this subsection apply 14
to all felony crimes; 15
(d) If the standard sentence range under this subsection exceeds 16
the statutory maximum sentence for the offense, the statutory maximum 17
sentence shall be the presumptive sentence unless the offender is a 18
persistent offender. If the addition of a sexual motivation 19
enhancement increases the sentence so that it would exceed the 20
statutory maximum for the offense, the portion of the sentence 21
representing the enhancement may not be reduced; 22
(e) The portion of the total confinement sentence which the 23
offender must serve under this subsection shall be calculated before 24
any earned early release time is credited to the offender;25
(f) Nothing in this subsection prevents a sentencing court from 26
imposing a sentence outside the standard sentence range pursuant to 27
RCW 9.94A.535. 28
(9) An additional one -year enhancement shall be added to the 29
standard sentence range for the felony crimes of RCW 9A.44.073, 30
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089 committed on 31
or after July 22, 2007, if the offender engaged, agreed, or offered 32
to engage the victim in the sexual conduct in return for a fee. If 33
the offender is being sentenced for more than one offense, the 34
one-year enhancement must be added to the total period of total 35
confinement for all offenses, regardless of which underlying offense 36
is subject to the enhancement. If the offender is being sentenced for 37
an anticipatory offense for the felony crimes of RCW 9A.44.073, 38
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, and the 39
offender attempted, solicited another, or conspired to engage, agree, 40
p. 24 HB 1452
or offer to engage the victim in the sexual conduct in return for a 1
fee, an additional one -year enhancement shall be added to the 2
standard sentence range determined under subsection (2) of this 3
section. For purposes of this subsection, "sexual conduct" means 4
sexual intercourse or sexual contact, both as defined in chapter 5
9A.44 RCW. 6
(10)(a) For a person age ((eighteen)) 18 or older convicted of 7
any criminal street gang-related felony offense for which the person 8
compensated, threatened, or solicited a minor in order to involve the 9
minor in the commission of the felony offense, the standard sentence 10
range is determined by locating the sentencing grid sentence range 11
defined by the appropriate offender score and the seriousness level 12
of the completed crime, and multiplying the range by ((one hundred 13
twenty-five)) 125 percent. If the standard sentence range under this 14
subsection exceeds the statutory maximum sentence for the offense, 15
the statutory maximum sentence is the presumptive sentence unless the 16
offender is a persistent offender. 17
(b) This subsection does not apply to any criminal street gang-18
related felony offense for which involving a minor in the commission 19
of the felony offense is an element of the offense.20
(c) The increased penalty specified in (a) of this subsection is 21
unavailable in the event that the prosecution gives notice that it 22
will seek an exceptional sentence based on an aggravating factor 23
under RCW 9.94A.535. 24
(11) An additional twelve months and one day shall be added to 25
the standard sentence range for a conviction of attempting to elude a 26
police vehicle as defined by RCW 46.61.024, if the conviction 27
included a finding by special allegation of endangering one or more 28
persons or committing an enumerated act under RCW 9.94A.834.29
(12) An additional twelve months shall be added to the standard 30
sentence range for an offense that is also a violation of RCW 31
9.94A.831. 32
(13) An additional twelve months shall be added to the standard 33
sentence range for vehicular homicide committed while under the 34
influence of intoxicating liquor or any drug as defined by RCW 35
46.61.520 or for vehicular assault committed while under the 36
influence of intoxicating liquor or any drug as defined by RCW 37
46.61.522, or for any felony driving under the influence (RCW 38
46.61.502(6)) or felony physical control under the influence (RCW 39
46.61.504(6)) for each child passenger under the age of ((sixteen)) 40
p. 25 HB 1452
16 who is an occupant in the defendant's vehicle. These enhancements 1
shall be mandatory, shall be served in total confinement, and shall 2
run consecutively to all other sentencing provisions, including other 3
minor child enhancements, for all offenses sentenced under this 4
chapter. If the addition of a minor child enhancement increases the 5
sentence so that it would exceed the statutory maximum for the 6
offense, the portion of the sentence representing the enhancement 7
shall be mandatory, shall be served in total confinement, and shall 8
run consecutively to all other sentencing provisions.9
(14) An additional ((twelve)) 12 months shall be added to the 10
standard sentence range for an offense that is also a violation of 11
RCW 9.94A.832. 12
(15) An additional 12 months may, at the discretion of the court, 13
be added to the standard sentence range for an offense that is also a 14
violation of RCW 9.94A.828. 15
(16)(a) The following additional times shall be added to the 16
standard sentence range if the court finds that the offender is a 17
habitual property offender pursuant to section 6 of this act:18
(i) 24 months if the offender is being sentenced for a felony 19
defined as a class B felony; or20
(ii) 12 months if the offender is being sentenced for a felony 21
defined as a class C felony.22
(b) A sentence imposed pursuant to this subsection is not to 23
exceed the statutory maximum for the crime as established in RCW 24
9A.20.021.25
(c) Notwithstanding any other provision of law, all habitual 26
property offender enhancements imposed under this subsection (16) are 27
mandatory and shall be served in total confinement. However, whether 28
or not the mandatory minimum term has expired, an offender serving a 29
sentence under this subsection may be granted an extraordinary 30
medical placement when authorized under RCW 9.94A.728(1)(c).31
(17) Regardless of any provisions in this section, if a person is 32
being sentenced in adult court for a crime committed under age 33
eighteen, the court has full discretion to depart from mandatory 34
sentencing enhancements and to take the particular circumstances 35
surrounding the defendant's youth into account. 36
Sec. 10. RCW 9.94A.515 and 2024 c 301 s 29 and 2024 c 55 s 1 are 37
each reenacted and amended to read as follows: 38
p. 26 HB 1452
1 TABLE 2
2
3
CRIMES INCLUDED WITHIN EACH
SERIOUSNESS LEVEL

4 XVI Aggravated Murder 1 (RCW 10.95.020)
5 XV Homicide by abuse (RCW 9A.32.055)
6
7
Malicious explosion 1 (RCW
70.74.280(1))

8 Murder 1 (RCW 9A.32.030)
9 XIV Murder 2 (RCW 9A.32.050)
10 Trafficking 1 (RCW 9A.40.100(1))
11
12
XIII Malicious explosion 2 (RCW
70.74.280(2))

13
14
Malicious placement of an explosive 1
(RCW 70.74.270(1))

15 XII Assault 1 (RCW 9A.36.011)
16 Assault of a Child 1 (RCW 9A.36.120)
17
18
Malicious placement of an imitation
device 1 (RCW 70.74.272(1)(a))

19
20
Promoting Commercial Sexual Abuse
of a Minor (RCW 9.68A.101)

21 Rape 1 (RCW 9A.44.040)
22 Rape of a Child 1 (RCW 9A.44.073)
23 Trafficking 2 (RCW 9A.40.100(3))
24 XI Manslaughter 1 (RCW 9A.32.060)
25 Rape 2 (RCW 9A.44.050)
26 Rape of a Child 2 (RCW 9A.44.076)
27
28
29
Vehicular Homicide, by being under the
influence of intoxicating liquor or
any drug (RCW 46.61.520)

30
31
32
Vehicular Homicide, by the operation of
any vehicle in a reckless manner
(RCW 46.61.520)

33 X Child Molestation 1 (RCW 9A.44.083)
p. 27 HB 1452
1
2
Criminal Mistreatment 1 (RCW
9A.42.020)

3
4
5
Indecent Liberties (with forcible
compulsion) (RCW
9A.44.100(1)(a))

6 Kidnapping 1 (RCW 9A.40.020)
7
8
Leading Organized Crime (RCW
9A.82.060(1)(a))

9
10
Malicious explosion 3 (RCW
70.74.280(3))

11
12
Sexually Violent Predator Escape (RCW
9A.76.115)

13
14
IX Abandonment of Dependent Person 1
(RCW 9A.42.060)

15 Assault of a Child 2 (RCW 9A.36.130)
16
17
Explosive devices prohibited (RCW
70.74.180)

18
19
Hit and Run—Death (RCW
46.52.020(4)(a))

20
21
22
Homicide by Watercraft, by being under
the influence of intoxicating liquor
or any drug (RCW 79A.60.050)

23
24
Inciting Criminal Profiteering (RCW
9A.82.060(1)(b))

25
26
Malicious placement of an explosive 2
(RCW 70.74.270(2))

27 Robbery 1 (RCW 9A.56.200)
28 Sexual Exploitation (RCW 9.68A.040)
29 VIII Arson 1 (RCW 9A.48.020)
30
31
Commercial Sexual Abuse of a Minor
(RCW 9.68A.100)

32
33
34
Homicide by Watercraft, by the
operation of any vessel in a reckless
manner (RCW 79A.60.050)

35 Manslaughter 2 (RCW 9A.32.070)
p. 28 HB 1452
1
2
Promoting Prostitution 1 (RCW
9A.88.070)

3 Theft of Ammonia (RCW 69.55.010)
4
5
6
VII Air bag diagnostic systems (causing
bodily injury or death) (RCW
46.37.660(2)(b))

7
8
9
Air bag replacement requirements
(causing bodily injury or death)
(RCW 46.37.660(1)(b))

10 Burglary 1 (RCW 9A.52.020)
11 Child Molestation 2 (RCW 9A.44.086)
12
13
Civil Disorder Training (RCW
9A.48.120)

14
15
Custodial Sexual Misconduct 1 (RCW
9A.44.160)

16
17
18
Dealing in depictions of minor engaged
in sexually explicit conduct 1
(RCW 9.68A.050(1))

19 Drive-by Shooting (RCW 9A.36.045)
20
21
False Reporting 1 (RCW
9A.84.040(2)(a))

22
23
24
Homicide by Watercraft, by disregard
for the safety of others (RCW
79A.60.050)

25
26
27
Indecent Liberties (without forcible
compulsion) (RCW 9A.44.100(1)
(b) and (c))

28
29
Introducing Contraband 1 (RCW
9A.76.140)

30
31
Malicious placement of an explosive 3
(RCW 70.74.270(3))

32
33
34
35
36
Manufacture or import counterfeit,
nonfunctional, damaged, or
previously deployed air bag
(causing bodily injury or death)
(RCW 46.37.650(1)(b))

p. 29 HB 1452
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
Taking Motor Vehicle Without
Permission 1 (RCW 9A.56.070)

14
15
Unlawful Possession of a Firearm in the
first degree (RCW 9.41.040(1))

16
17
18
Use of a Machine Gun or Bump-fire
Stock in Commission of a Felony
(RCW 9.41.225)

19
20
21
Vehicular Homicide, by disregard for
the safety of others (RCW
46.61.520)

22
23
VI Bail Jumping with Murder 1 (RCW
9A.76.170(3)(a))

24 Bribery (RCW 9A.68.010)
25 Incest 1 (RCW 9A.64.020(1))
26 Intimidating a Judge (RCW 9A.72.160)
27
28
Intimidating a Juror/Witness (RCW
9A.72.110, 9A.72.130)

29
30
Malicious placement of an imitation
device 2 (RCW 70.74.272(1)(b))

31
32
33
Possession of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 1 (RCW 9.68A.070(1))

34 Rape of a Child 3 (RCW 9A.44.079)
35 Theft of a Firearm (RCW 9A.56.300)
p. 30 HB 1452
1
2
Theft from a Vulnerable Adult 1 (RCW
9A.56.400(1))

3
4
Unlawful Storage of Ammonia (RCW
69.55.020)

5
6
V Abandonment of Dependent Person 2
(RCW 9A.42.070)

7
8
9
Advancing money or property for
extortionate extension of credit
(RCW 9A.82.030)

10
11
Air bag diagnostic systems (RCW
46.37.660(2)(c))

12
13
Air bag replacement requirements
(RCW 46.37.660(1)(c))

14
15
Bail Jumping with class A Felony
(RCW 9A.76.170(3)(b))

16 Child Molestation 3 (RCW 9A.44.089)
17
18
Criminal Mistreatment 2 (RCW
9A.42.030)

19
20
Custodial Sexual Misconduct 2 (RCW
9A.44.170)

21
22
23
Dealing in Depictions of Minor
Engaged in Sexually Explicit
Conduct 2 (RCW 9.68A.050(2))

24
25
26
27
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)

28 Extortion 1 (RCW 9A.56.120)
29
30
Extortionate Extension of Credit (RCW
9A.82.020)

31
32
33
Extortionate Means to Collect
Extensions of Credit (RCW
9A.82.040)

34 Incest 2 (RCW 9A.64.020(2))
35 Kidnapping 2 (RCW 9A.40.030)
p. 31 HB 1452
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. 32 HB 1452
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
Driving While Under the Influence
(RCW 46.61.502(6))

9
10
Endangerment with a Controlled
Substance (RCW 9A.42.100)

11 Escape 1 (RCW 9A.76.110)
12 Hate Crime (RCW 9A.36.080)
13
14
Hit and Run—Injury (RCW
46.52.020(4)(b))

15
16
Hit and Run with Vessel—Injury
Accident (RCW 79A.60.200(3))

17 Identity Theft 1 (RCW 9.35.020(2))
18
19
20
Indecent Exposure to Person Under Age
14 (subsequent sex offense) (RCW
9A.88.010)

21
22
Influencing Outcome of Sporting Event
(RCW 9A.82.070)

23
24
Organized Retail Theft 1 (RCW
9A.56.350(2))

25
26
27
Physical Control of a Vehicle While
Under the Influence (RCW
46.61.504(6))

28
29
Possession of a Stolen Vehicle (RCW
9A.56.068)

30
31
32
Possession of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 2 (RCW 9.68A.070(2))

33 Residential Burglary (RCW 9A.52.025)
34 Robbery 2 (RCW 9A.56.210)
p. 33 HB 1452
1
2
Theft of a Motor Vehicle (RCW
9A.56.065)

3 Theft of Livestock 1 (RCW 9A.56.080)
4 Threats to Bomb (RCW 9.61.160)
5
6
Trafficking in Catalytic Converters 1
(RCW 9A.82.190)

7
8
Trafficking in Stolen Property 1 (RCW
9A.82.050)

9
10
11
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(b))

12
13
14
Unlawful transaction of health coverage
as a health care service contractor
(RCW 48.44.016(3))

15
16
17
Unlawful transaction of health coverage
as a health maintenance
organization (RCW 48.46.033(3))

18
19
Unlawful transaction of insurance
business (RCW 48.15.023(3))

20
21
Unlicensed practice as an insurance
professional (RCW 48.17.063(2))

22
23
24
Use of Proceeds of Criminal
Profiteering (RCW 9A.82.080 (1)
and (2))

25
26
Vehicle Prowling 2 (third or subsequent
offense) (RCW 9A.52.100(3))

27
28
29
30
31
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)

32
33
34
Viewing of Depictions of a Minor
Engaged in Sexually Explicit
Conduct 1 (RCW 9.68A.075(1))

35 III Animal Cruelty 1 (RCW 16.52.205)
p. 34 HB 1452
1
2
3
4
Assault 3 (Except Assault 3 of a Peace
Officer With a Projectile Stun Gun)
(RCW 9A.36.031 except subsection
(1)(h))

5 Assault of a Child 3 (RCW 9A.36.140)
6
7
8
9
10
Attempting to Elude a Pursuing Police
Vehicle (where there is a reasonable
suspicion the offender has violated
or is violating RCW 9A.56.065 or
9A.56.070) (RCW 46.61.024(1)(b))

11
12
Bail Jumping with class B or C Felony
(RCW 9A.76.170(3)(c))

13 Burglary 2 (RCW 9A.52.030)
14
15
16
Communication with a Minor for
Immoral Purposes (RCW
9.68A.090)

17
18
Criminal Gang Intimidation (RCW
9A.46.120)

19 Custodial Assault (RCW 9A.36.100)
20
21
Cyber Harassment (RCW
9A.90.120(2)(b))

22 Escape 2 (RCW 9A.76.120)
23 Extortion 2 (RCW 9A.56.130)
24
25
False Reporting 2 (RCW
9A.84.040(2)(b))

26 Harassment (RCW 9A.46.020)
27 Hazing (RCW 28B.10.901(2)(b))
28
29
Intimidating a Public Servant (RCW
9A.76.180)

30
31
Introducing Contraband 2 (RCW
9A.76.150)

32
33
Malicious Injury to Railroad Property
(RCW 81.60.070)

34
35
Manufacture of Untraceable Firearm
with Intent to Sell (RCW 9.41.190)

p. 35 HB 1452
1
2
3
4
Manufacture or Assembly of an
Undetectable Firearm or
Untraceable Firearm (RCW
9.41.325)

5 Mortgage Fraud (RCW 19.144.080)
6
7
8
9
Negligently Causing Substantial Bodily
Harm By Use of a Signal
Preemption Device (RCW
46.37.674)

10
11
((Organized Retail Theft 1 (RCW
9A.56.350(2))))

12
13
Organized Retail Theft 2 (RCW
9A.56.350(3))

14 Perjury 2 (RCW 9A.72.030)
15
16
Possession of Incendiary Device (RCW
9.40.120)

17
18
19
20
Possession of Machine Gun, Bump-Fire
Stock, Undetectable Firearm, or
Short-Barreled Shotgun or Rifle
(RCW 9.41.190)

21
22
Promoting Prostitution 2 (RCW
9A.88.080)

23
24
Retail Theft with Special Circumstances
1 (RCW 9A.56.360(2))

25
26
Securities Act violation (RCW
21.20.400)

27
28
Taking Motor Vehicle Without
Permission 2 (RCW 9A.56.075)

29
30
Tampering with a Witness (RCW
9A.72.120)

31
32
33
Telephone Harassment (subsequent
conviction or threat of death)
(RCW 9.61.230(2))

34 Theft of Livestock 2 (RCW 9A.56.083)
35
36
Theft with the Intent to Resell 1 (RCW
9A.56.340(2))

p. 36 HB 1452
1
2
Trafficking in Catalytic Converters 2
(RCW 9A.82.200)

3
4
Trafficking in Stolen Property 2 (RCW
9A.82.055)

5
6
Unlawful Hunting of Big Game 1
(RCW 77.15.410(3)(b))

7
8
Unlawful Imprisonment (RCW
9A.40.040)

9
10
Unlawful Misbranding of Fish or
Shellfish 1 (RCW 77.140.060(3))

11
12
Unlawful possession of firearm in the
second degree (RCW 9.41.040(2))

13
14
Unlawful Taking of Endangered Fish or
Wildlife 1 (RCW 77.15.120(3)(b))

15
16
17
Unlawful Trafficking in Fish, Shellfish,
or Wildlife 1 (RCW
77.15.260(3)(b))

18
19
Unlawful Use of a Nondesignated
Vessel (RCW 77.15.530(4))

20
21
22
23
Vehicular Assault, by the operation or
driving of a vehicle with disregard
for the safety of others (RCW
46.61.522)

24
25
II Commercial Fishing Without a License
1 (RCW 77.15.500(3)(b))

26 Computer Trespass 1 (RCW 9A.90.040)
27 Counterfeiting (RCW 9.16.035(3))
28
29
Electronic Data Service Interference
(RCW 9A.90.060)

30
31
Electronic Data Tampering 1 (RCW
9A.90.080)

32
33
Electronic Data Theft (RCW
9A.90.100)

34
35
Engaging in Fish Dealing Activity
Unlicensed 1 (RCW 77.15.620(3))

p. 37 HB 1452
1
2
Escape from Community Custody
(RCW 72.09.310)

3
4
5
6
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)

7
8
Health Care False Claims (RCW
48.80.030)

9 Identity Theft 2 (RCW 9.35.020(3))
10
11
Improperly Obtaining Financial
Information (RCW 9.35.010)

12 Malicious Mischief 1 (RCW 9A.48.070)
13
14
((Organized Retail Theft 2 (RCW
9A.56.350(3))))

15
16
Possession of Stolen Property 1 (RCW
9A.56.150)

17
18
((Possession of a Stolen Vehicle (RCW
9A.56.068)))

19
20
21
Possession, sale, or offering for sale of
seven or more unmarked catalytic
converters (RCW 9A.82.180(5))

22
23
Retail Theft with Special Circumstances
2 (RCW 9A.56.360(3))

24
25
26
27
Scrap Processing, Recycling, or
Supplying Without a License
(second or subsequent offense)
(RCW 19.290.100)

28 Theft 1 (RCW 9A.56.030)
29
30
((Theft of a Motor Vehicle (RCW
9A.56.065)))

31
32
33
34
Theft of Rental, Leased, Lease-
purchased, or Loaned Property
(valued at $5,000 or more) (RCW
9A.56.096(5)(a))

35
36
Theft with the Intent to Resell 2 (RCW
9A.56.340(3))

p. 38 HB 1452
1
2
Trafficking in Insurance Claims (RCW
48.30A.015)

3
4
5
Unlawful factoring of a credit card or
payment card transaction (RCW
9A.56.290(4)(a))

6
7
8
Unlawful Participation of Non-Indians
in Indian Fishery (RCW
77.15.570(2))

9
10
Unlawful Practice of Law (RCW
2.48.180)

11
12
Unlawful Purchase or Use of a License
(RCW 77.15.650(3)(b))

13
14
15
Unlawful Trafficking in Fish, Shellfish,
or Wildlife 2 (RCW
77.15.260(3)(a))

16
17
Unlicensed Practice of a Profession or
Business (RCW 18.130.190(7))

18 V oyeurism 1 (RCW 9A.44.115)
19
20
21
22
23
24
I Attempting to Elude a Pursuing Police
Vehicle (except where there is a
reasonable suspicion the offender
has violated or is violating RCW
9A.56.065 or 9A.56.070) (RCW
46.61.024(1)(a))

25
26
False Verification for Welfare (RCW
74.08.055)

27 Forgery (RCW 9A.60.020)
28
29
30
Fraudulent Creation or Revocation of a
Mental Health Advance Directive
(RCW 9A.60.060)

31 Malicious Mischief 2 (RCW 9A.48.080)
32 Mineral Trespass (RCW 78.44.330)
33
34
Possession of Stolen Property 2 (RCW
9A.56.160)

35 Reckless Burning 1 (RCW 9A.48.040)
p. 39 HB 1452
1
2
Spotlighting Big Game 1 (RCW
77.15.450(3)(b))

3
4
Suspension of Department Privileges 1
(RCW 77.15.670(3)(b))

5
6
((Taking Motor Vehicle Without
Permission 2 (RCW 9A.56.075)))

7 Theft 2 (RCW 9A.56.040)
8
9
Theft from a Vulnerable Adult 2 (RCW
9A.56.400(2))

10
11
12
13
14
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))

15
16
17
Transaction of insurance business
beyond the scope of licensure
(RCW 48.17.063)

18
19
Unlawful Fish and Shellfish Catch
Accounting (RCW 77.15.630(3)(b))

20
21
Unlawful Issuance of Checks or Drafts
(RCW 9A.56.060)

22
23
Unlawful Possession of Fictitious
Identification (RCW 9A.56.320)

24
25
Unlawful Possession of Instruments of
Financial Fraud (RCW 9A.56.320)

26
27
Unlawful Possession of Payment
Instruments (RCW 9A.56.320)

28
29
30
Unlawful Possession of a Personal
Identification Device (RCW
9A.56.320)

31
32
Unlawful Production of Payment
Instruments (RCW 9A.56.320)

33
34
35
36
Unlawful Releasing, Planting,
Possessing, or Placing Deleterious
Exotic Wildlife (RCW
77.15.250(2)(b))

p. 40 HB 1452
1
2
Unlawful Trafficking in Food Stamps
(RCW 9.91.142)

3
4
Unlawful Use of Food Stamps (RCW
9.91.144)

5
6
Unlawful Use of Net to Take Fish 1
(RCW 77.15.580(3)(b))

7 Vehicle Prowl 1 (RCW 9A.52.095)
8
9
Violating Commercial Fishing Area or
Time 1 (RCW 77.15.550(3)(b))

PART IV - GRANT PROGRAM FOR MOTOR VEHICLE AND RETAIL THEFT 10
PROSECUTORS11
NEW SECTION. Sec. 11. A new section is added to chapter 43.101 12
RCW to read as follows: 13
(1) Subject to the availability of funds appropriated for this 14
specific purpose, the criminal justice training commission shall 15
establish a motor vehicle and retail theft prosecution grant program 16
in collaboration with the Washington association of prosecuting 17
attorneys. 18
(2) The grant program must award grant funds to local 19
jurisdictions to assist county prosecuting attorneys with the 20
prosecution of felony offenses involving motor vehicle or retail 21
theft, with priority given to county prosecuting attorneys in 22
counties with the highest per capita motor vehicle and retail theft 23
crime rates in the state. 24
(3) Grant funds must be used to hire special deputy prosecuting 25
attorneys, as described under RCW 36.27.040, and any necessary 26
support staff, supplies, and equipment, for the limited purpose of 27
prosecuting felony offenses involving motor vehicle or retail theft, 28
including but not limited to: Organized retail theft in the first or 29
second degree, possession of a stolen vehicle, retail theft with 30
special circumstances in the first or second degree, taking a motor 31
vehicle without permission in the first or second degree, and theft 32
of a motor vehicle. 33
PART V - MISCELLANEOUS PROVISIONS34
p. 41 HB 1452
NEW SECTION. Sec. 12. Section 7 of this act expires January 1, 1
2026.2
NEW SECTION. Sec. 13. Section 8 of this act takes effect 3
January 1, 2026.4
--- END ---
p. 42 HB 1452