Juveniles/firearm possession

AN ACT Relating to offenses involving unlawful possession of a 1
firearm by a juvenile; amending RCW 9.41.040 and 13.40.0357; creating 2
a new section; and prescribing penalties. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. (1) Firearm violence disproportionately 5
impacts marginalized young people, including BIPOC and low-income 6
communities, both as victims and as respondents. Intervening early 7
when a young person is found to be in possession of a firearm is a 8
critical opportunity to avoid juveniles becoming a future victim of 9
gun violence or committing a more serious crime that will further 10
entrench them in the criminal justice system.11
(2) The legislature intends to enhance legal interventions 12
available to provide necessary accountability for young people found 13
to possess firearms and to incentivize behavior change, including 14
through evidence-based behavioral health interventions, so these 15
young people do not commit greater harm to themselves or the 16
community. 17
Sec. 2. RCW 9.41.040 and 2024 c 290 s 5 are each amended to read 18
as follows: 19
H-0533.3
HOUSE BILL 1536
State of Washington 69th Legislature 2025 Regular Session
By Representatives Hackney, Barkis, Davis, and Pollet
Read first time 01/23/25. Referred to Committee on Early Learning &
Human Services.
p. 1 HB 1536
(1)(a) A person, whether an adult or juvenile, is guilty of the 1
crime of unlawful possession of a firearm in the first degree, if the 2
person owns, accesses, has in the person's custody, control, or 3
possession, or receives any firearm after having previously been 4
convicted or found not guilty by reason of insanity in this state or 5
elsewhere of any serious offense. 6
(b) A juvenile is guilty of the crime of unlawful possession of a 7
firearm in the first degree if the juvenile owns, accesses, has in 8
the juvenile's custody, control, or possession, or receives any 9
firearm after having previously been adjudicated, convicted, or found 10
not guilty by reason of insanity in this state of subsection 11
(2)(a)(v) of this section or a comparable out-of-state offense.12
(c) Unlawful possession of a firearm in the first degree is a 13
class B felony punishable according to chapter 9A.20 RCW.14
(2)(a) A person, whether an adult or juvenile, is guilty of the 15
crime of unlawful possession of a firearm in the second degree, if 16
the person does not qualify under subsection (1) of this section for 17
the crime of unlawful possession of a firearm in the first degree and 18
the person owns, accesses, has in the person's custody, control, or 19
possession, or receives any firearm: 20
(i) After having previously been convicted or found not guilty by 21
reason of insanity in this state or elsewhere of: 22
(A) Any felony not specifically listed as prohibiting firearm 23
possession under subsection (1) of this section; 24
(B) Any of the following crimes when committed by one family or 25
household member against another or by one intimate partner against 26
another, as those terms are defined by the statutes in effect at the 27
time of the commission of the crime, committed on or after July 1, 28
1993: Assault in the fourth degree, coercion, stalking, reckless 29
endangerment, criminal trespass in the first degree, or violation of 30
the provisions of a protection order or no-contact order restraining 31
the person or excluding the person from a residence (RCW 10.99.040 or 32
any of the former RCW 26.50.060, 26.50.070, and 26.50.130);33
(C) Harassment when committed by one family or household member 34
against another or by one intimate partner against another, as those 35
terms are defined by the statutes in effect at the time of the 36
commission of the crime, committed on or after June 7, 2018;37
(D) Any of the following misdemeanor or gross misdemeanor crimes 38
not included under (a)(i) (B) or (C) of this subsection, committed on 39
or after July 23, 2023: Domestic violence (RCW 10.99.020); stalking; 40
p. 2 HB 1536
cyberstalking; cyber harassment, excluding cyber harassment committed 1
solely pursuant to the element set forth in RCW 9A.90.120(1)(a)(i); 2
harassment; aiming or discharging a firearm (RCW 9.41.230); unlawful 3
carrying or handling of a firearm (RCW 9.41.270); animal cruelty in 4
the second degree committed under RCW 16.52.207(1); or any prior 5
offense as defined in RCW 46.61.5055(14) if committed within seven 6
years of a conviction for any other prior offense under RCW 7
46.61.5055; 8
(E) A violation of the provisions of a protection order under 9
chapter 7.105 RCW restraining the person or excluding the person from 10
a residence, when committed by one family or household member against 11
another or by one intimate partner against another, committed on or 12
after July 1, 2022; or 13
(F) A violation of the provisions of an order to surrender and 14
prohibit weapons, an extreme risk protection order, or the provisions 15
of any other protection order or no-contact order not included under 16
(a)(i) (B) or (E) of this subsection restraining the person or 17
excluding the person from a residence, committed on or after July 23, 18
2023; 19
(ii) During any period of time that the person is subject to a 20
protection order, no-contact order, or restraining order by a court 21
issued under chapter 7.105, 9A.40, 9A.44, 9A.46, 9A.88, 10.99, 26.09, 22
26.26A, or 26.26B RCW or any of the former chapters 7.90, 7.92, 23
10.14, and 26.50 RCW that: 24
(A) Was issued after a hearing for which the person received 25
actual notice, and at which the person had an opportunity to 26
participate, whether the court then issues a full order or reissues a 27
temporary order. If the court enters an agreed order by the parties 28
without a hearing, such an order meets the requirements of this 29
subsection; 30
(B) Restrains the person from harassing, stalking, or threatening 31
the person protected under the order or child of the person or 32
protected person, or others identified in the order, or engaging in 33
other conduct that would place the protected person in reasonable 34
fear of bodily injury to the protected person or child or others 35
identified in the order; and 36
(C)(I) Includes a finding that the person represents a credible 37
threat to the physical safety of the protected person or child or 38
others identified in the order, or by its terms explicitly prohibits 39
the use, attempted use, or threatened use of physical force against 40
p. 3 HB 1536
the protected person or child or other persons that would reasonably 1
be expected to cause bodily injury; or 2
(II) Includes an order under RCW 9.41.800 requiring the person to 3
surrender all firearms and prohibiting the person from accessing, 4
having in his or her custody or control, possessing, purchasing, 5
receiving, or attempting to purchase or receive, firearms;6
(iii) After having previously been involuntarily committed based 7
on a mental disorder under RCW 71.05.240, 71.05.320, 71.34.740, 8
71.34.750, chapter 10.77 RCW, or equivalent statutes of another 9
jurisdiction, unless his or her right to possess a firearm has been 10
restored as provided in RCW 9.41.047; 11
(iv) After dismissal of criminal charges based on incompetency to 12
stand trial under RCW 10.77.086, or after dismissal of criminal 13
charges based on incompetency to stand trial under RCW 10.77.088 when 14
the court has made a finding indicating that the defendant has a 15
history of one or more violent acts, unless his or her right to 16
possess a firearm has been restored as provided in RCW 9.41.047;17
(v) If the person is under 18 years of age, except as provided in 18
RCW 9.41.042; and/or 19
(vi) If the person is free on bond or personal recognizance 20
pending trial for a serious offense as defined in RCW 9.41.010.21
(b) Unlawful possession of a firearm in the second degree is a 22
class C felony punishable according to chapter 9A.20 RCW.23
(3) A person shall not be precluded from possession of a firearm 24
if the conviction has been the subject of a pardon, annulment, 25
certificate of rehabilitation, or other equivalent procedure based on 26
a finding of the rehabilitation of the person convicted or the 27
conviction or disposition has been the subject of a pardon, 28
annulment, or other equivalent procedure based on a finding of 29
innocence. Where no record of the court's disposition of the charges 30
can be found, there shall be a rebuttable presumption that the person 31
was not convicted of the charge. 32
(4) Notwithstanding subsection (1) or (2) of this section, a 33
person convicted or found not guilty by reason of insanity of an 34
offense prohibiting the possession of a firearm under this section 35
other than murder, manslaughter, robbery, rape, indecent liberties, 36
arson, assault, kidnapping, extortion, burglary, or violations with 37
respect to controlled substances under RCW 69.50.401 and 69.50.410, 38
who received a probationary sentence under RCW 9.95.200, and who 39
received a dismissal of the charge under RCW 9.95.240, shall not be 40
p. 4 HB 1536
precluded from possession of a firearm as a result of the conviction 1
or finding of not guilty by reason of insanity. 2
(5) In addition to any other penalty provided for by law, if a 3
person under the age of 18 years is found by a court to have 4
possessed a firearm in a vehicle in violation of subsection (1) or 5
(2) of this section or to have committed an offense while armed with 6
a firearm during which offense a motor vehicle served an integral 7
function, the court shall notify the department of licensing within 8
24 hours and the person's privilege to drive shall be revoked under 9
RCW 46.20.265, unless the offense is the juvenile's first offense in 10
violation of this section and has not committed an offense while 11
armed with a firearm, an unlawful possession of a firearm offense, or 12
an offense in violation of chapter 66.44, 69.52, 69.41, or 69.50 RCW.13
(6) Nothing in chapter 129, Laws of 1995 shall ever be construed 14
or interpreted as preventing an offender from being charged and 15
subsequently convicted for the separate felony crimes of theft of a 16
firearm or possession of a stolen firearm, or both, in addition to 17
being charged and subsequently convicted under this section for 18
unlawful possession of a firearm in the first or second degree. 19
Notwithstanding any other law, if the offender is convicted under 20
this section for unlawful possession of a firearm in the first or 21
second degree and for the felony crimes of theft of a firearm or 22
possession of a stolen firearm, or both, then the offender shall 23
serve consecutive sentences for each of the felony crimes of 24
conviction listed in this subsection. 25
(7)(a) A person, whether an adult or a juvenile, commits the 26
civil infraction of unlawful possession of a firearm if the person 27
has in the person's possession or has in the person's control a 28
firearm after the person files a voluntary waiver of firearm rights 29
under RCW 9.41.350 and the form has been accepted by the clerk of the 30
court and the voluntary waiver has not been lawfully revoked.31
(b) The civil infraction of unlawful possession of a firearm is a 32
class 4 civil infraction punishable according to chapter 7.80 RCW.33
(c) Each firearm unlawfully possessed under this subsection (7) 34
shall be a separate infraction. 35
(d) The court may, in its discretion, order performance of up to 36
two hours of community restitution in lieu of a monetary penalty 37
prescribed for a civil infraction under this subsection (7).38
(8) Each firearm unlawfully possessed under this section shall be 39
a separate offense. 40
p. 5 HB 1536
(9) A person may petition to restore the right to possess a 1
firearm as provided in RCW 9.41.041. 2
Sec. 3. RCW 13.40.0357 and 2023 c 295 s 8 are each amended to 3
read as follows: 4
5 DESCRIPTION AND OFFENSE CATEGORY
6
7
8
9
10
JUVENILE
DISPOSITION
OFFENSE
CATEGORY DESCRIPTION (RCW CITATION)
JUVENILE DISPOSITION
CATEGORY FOR
ATTEMPT, BAILJUMP,
CONSPIRACY , OR
SOLICITATION
11 Arson and Malicious Mischief
12 A Arson 1 (9A.48.020) B+
13 B Arson 2 (9A.48.030) C
14 C Reckless Burning 1 (9A.48.040) D
15 D Reckless Burning 2 (9A.48.050) E
16 B Malicious Mischief 1 (9A.48.070) C
17 C Malicious Mischief 2 (9A.48.080) D
18 D Malicious Mischief 3 (9A.48.090) E
19
20
E Tampering with Fire Alarm Apparatus
(9.40.100)
E
21
22
E Tampering with Fire Alarm Apparatus
with Intent to Commit Arson (9.40.105)
E
23
24
A Possession of Incendiary Device
(9.40.120)
B+
25
26
Assault and Other Crimes Involving
Physical Harm

27 A Assault 1 (9A.36.011) B+
28 B+ Assault 2 (9A.36.021) C+
29 C+ Assault 3 (9A.36.031) D+
30 D+ Assault 4 (9A.36.041) E
31
32
B+ Drive-By Shooting (9A.36.045)
committed at age 15 or under
C+
33
34
A++ Drive-By Shooting (9A.36.045)
committed at age 16 or 17
A
35 D+ Reckless Endangerment (9A.36.050) E
36 C+ Promoting Suicide Attempt (9A.36.060) D+
p. 6 HB 1536
1 D+ Coercion (9A.36.070) E
2 C+ Custodial Assault (9A.36.100) D+
3 Burglary and Trespass
4
5
B+ Burglary 1 (9A.52.020) committed at
age 15 or under
C+
6
7
A- Burglary 1 (9A.52.020) committed at
age 16 or 17
B+
8 B Residential Burglary (9A.52.025) C
9 B Burglary 2 (9A.52.030) C
10
11
D Burglary Tools (Possession of)
(9A.52.060)
E
12 D Criminal Trespass 1 (9A.52.070) E
13 E Criminal Trespass 2 (9A.52.080) E
14 C Mineral Trespass (78.44.330) C
15 C Vehicle Prowling 1 (9A.52.095) D
16 D Vehicle Prowling 2 (9A.52.100) E
17 Drugs
18
19
E Possession/Consumption of Alcohol
(66.44.270)
E
20
21
C Illegally Obtaining Legend Drug
(69.41.020)
D
22
23
C+ Sale, Delivery, Possession of Legend
Drug with Intent to Sell (69.41.030(2)(a))
D+
24
25
E Possession of Legend
Drug (69.41.030(2)(b))
E
26
27
28
29
B+ Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Sale (69.50.401(2) (a) or (b))
B+
30
31
32
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Sale
(69.50.401(2)(c))
C
33
34
E Possession of Cannabis <40 grams
(69.50.4014)
E
35
36
C Fraudulently Obtaining Controlled
Substance (69.50.403)
C
p. 7 HB 1536
1
2
C+ Sale of Controlled Substance for Profit
(69.50.410)
C+
3 E Unlawful Inhalation (9.47A.020) E
4
5
6
7
8
B Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Counterfeit Substances (69.50.4011(2)
(a) or (b))
B
9
10
11
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Counterfeit
Substances (69.50.4011(2) (c), (d), or (e))
C
12
13
14
E Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance (69.50.4013)
E
15
16
17
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance (69.50.4012)
C
18 Firearms and Weapons
19 B Theft of Firearm (9A.56.300) C
20
21
B Possession of Stolen Firearm
(9A.56.310)
C
22
23
E Carrying Loaded Pistol Without Permit
(9.41.050)
E
24
25
C Possession of Firearms by Minor (<18)
(9.41.040(2)(a) (v))
C
26
27
B+ Possession of Firearms by Minor (with
prior) (9.41.040(1)(b))
C+
28
29
D+ Possession of Dangerous Weapon
(9.41.250)
E
30
31
D Intimidating Another Person by use of
Weapon (9.41.270)
E
32 Homicide
33 A+ Murder 1 (9A.32.030) A
34 A+ Murder 2 (9A.32.050) B+
35 B+ Manslaughter 1 (9A.32.060) C+
36 C+ Manslaughter 2 (9A.32.070) D+
37 B+ Vehicular Homicide (46.61.520) C+
p. 8 HB 1536
1 Kidnapping
2 A Kidnap 1 (9A.40.020) B+
3 B+ Kidnap 2 (9A.40.030) C+
4 C+ Unlawful Imprisonment (9A.40.040) D+
5 Obstructing Governmental Operation
6
7
D Obstructing a Law Enforcement Officer
(9A.76.020)
E
8 E Resisting Arrest (9A.76.040) E
9 B Introducing Contraband 1 (9A.76.140) C
10 C Introducing Contraband 2 (9A.76.150) D
11 E Introducing Contraband 3 (9A.76.160) E
12
13
B+ Intimidating a Public Servant
(9A.76.180)
C+
14 B+ Intimidating a Witness (9A.72.110) C+
15 Public Disturbance
16
17
C+ Criminal Mischief with Weapon
(9A.84.010(2)(b))
D+
18
19
D+ Criminal Mischief Without Weapon
(9A.84.010(2)(a))
E
20 E Failure to Disperse (9A.84.020) E
21 E Disorderly Conduct (9A.84.030) E
22 Sex Crimes
23 A Rape 1 (9A.44.040) B+
24
25
B++ Rape 2 (9A.44.050) committed at age 14
or under
B+
26
27
A- Rape 2 (9A.44.050) committed at age 15
through age 17
B+
28 C+ Rape 3 (9A.44.060) D+
29
30
B++ Rape of a Child 1 (9A.44.073)
committed at age 14 or under
B+
31
32
A- Rape of a Child 1 (9A.44.073)
committed at age 15
B+
33 B+ Rape of a Child 2 (9A.44.076) C+
34 B Incest 1 (9A.64.020(1)) C
35 C Incest 2 (9A.64.020(2)) D
p. 9 HB 1536
1
2
D+ Indecent Exposure (Victim <14)
(9A.88.010)
E
3
4
E Indecent Exposure (Victim 14 or over)
(9A.88.010)
E
5 B+ Promoting Prostitution 1 (9A.88.070) C+
6 C+ Promoting Prostitution 2 (9A.88.080) D+
7 E O & A (Prostitution) (9A.88.030) E
8 B+ Indecent Liberties (9A.44.100) C+
9
10
B++ Child Molestation 1 (9A.44.083)
committed at age 14 or under
B+
11
12
A- Child Molestation 1 (9A.44.083)
committed at age 15 through age 17
B+
13 B Child Molestation 2 (9A.44.086) C+
14
15
C Failure to Register as a Sex Offender
(9A.44.132)
D
16
17
Theft, Robbery, Extortion, and
Forgery

18 B Theft 1 (9A.56.030) C
19 C Theft 2 (9A.56.040) D
20 D Theft 3 (9A.56.050) E
21
22
B Theft of Livestock 1 and 2 (9A.56.080
and 9A.56.083)
C
23 C Forgery (9A.60.020) D
24
25
A Robbery 1 (9A.56.200) committed at
age 15 or under
B+
26
27
A++ Robbery 1 (9A.56.200) committed at
age 16 or 17
A
28 B+ Robbery 2 (9A.56.210) C+
29 B+ Extortion 1 (9A.56.120) C+
30 C+ Extortion 2 (9A.56.130) D+
31 C Identity Theft 1 (9.35.020(2)) D
32 D Identity Theft 2 (9.35.020(3)) E
33
34
D Improperly Obtaining Financial
Information (9.35.010)
E
35
36
B Possession of a Stolen Vehicle
(9A.56.068)
C
p. 10 HB 1536
1
2
B Possession of Stolen Property 1
(9A.56.150)
C
3
4
C Possession of Stolen Property 2
(9A.56.160)
D
5
6
D Possession of Stolen Property 3
(9A.56.170)
E
7
8
B Taking Motor Vehicle Without
Permission 1 (9A.56.070)
C
9
10
C Taking Motor Vehicle Without
Permission 2 (9A.56.075)
D
11 B Theft of a Motor Vehicle (9A.56.065) C
12 Motor Vehicle Related Crimes
13 E Driving Without a License (46.20.005) E
14 B+ Hit and Run - Death (46.52.020(4)(a)) C+
15 C Hit and Run - Injury (46.52.020(4)(b)) D
16 D Hit and Run-Attended (46.52.020(5)) E
17 E Hit and Run-Unattended (46.52.010) E
18 C Vehicular Assault (46.61.522) D
19
20
C Attempting to Elude Pursuing Police
Vehicle (46.61.024)
D
21 E Reckless Driving (46.61.500) E
22
23
D Driving While Under the Influence
(46.61.502 and 46.61.504)
E
24
25
B+ Felony Driving While Under the
Influence (46.61.502(6))
B
26
27
B+ Felony Physical Control of a Vehicle
While Under the Influence (46.61.504(6))
B
28 Other
29 B Animal Cruelty 1 (16.52.205) C
30 B Bomb Threat (9.61.160) C
31 C Escape 11 (9A.76.110) C
32 C Escape 21 (9A.76.120) C
33 D Escape 3 (9A.76.130) E
34
35
E Obscene, Harassing, Etc., Phone Calls
(9.61.230)
E
p. 11 HB 1536
1
2
A Other Offense Equivalent to an Adult
Class A Felony
B+
3
4
B Other Offense Equivalent to an Adult
Class B Felony
C
5
6
C Other Offense Equivalent to an Adult
Class C Felony
D
7
8
D Other Offense Equivalent to an Adult
Gross Misdemeanor
E
9
10
E Other Offense Equivalent to an Adult
Misdemeanor
E
11
12
13
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 14
and the standard range is established as follows: 15
1st escape or attempted escape during 12-month period - 28 days 16
confinement 17
2nd escape or attempted escape during 12-month period - 8 weeks 18
confinement 19
3rd and subsequent escape or attempted escape during 12-month 20
period - 12 weeks confinement 21
2If the court finds that a respondent has violated terms of an order, 22
it may impose a penalty of up to 30 days of confinement.23
JUVENILE SENTENCING STANDARDS24
This schedule must be used for juvenile offenders. The court may 25
select sentencing option A, B, C, or D. 26
27
28
29
OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
30 A++ 129 to 260 weeks for all category A++ offenses
31 A+ 180 weeks to age 21 for all category A+ offenses
32 A 103-129 weeks for all category A offenses
33 A- 30-40 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks
34 B++ 15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks
p. 12 HB 1536
1 CURRENT B+ 15-36 weeks 15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks
2 OFFENSE B LS LS 15-36 weeks 15-36 weeks 52-65 weeks
3 CATEGORY C+ LS LS LS 15-36 weeks 15-36 weeks
4 C LS LS LS LS 15-36 weeks
5 D+ LS LS LS LS LS
6 D LS LS LS LS LS
7 E LS LS LS LS LS
8 PRIOR 0 1 2 3 4 or more
9 ADJUDICATIONS
NOTE: References in the grid to days or weeks mean periods of 10
confinement. "LS" means "local sanctions" as defined in RCW 11
13.40.020. 12
(1) The vertical axis of the grid is the current offense 13
category. The current offense category is determined by the offense 14
of adjudication. 15
(2) The horizontal axis of the grid is the number of prior 16
adjudications included in the juvenile's criminal history. Each prior 17
felony adjudication shall count as one point. Each prior violation, 18
misdemeanor, and gross misdemeanor adjudication shall count as 1/4 19
point. Fractional points shall be rounded down. 20
(3) The standard range disposition for each offense is determined 21
by the intersection of the column defined by the prior adjudications 22
and the row defined by the current offense category.23
(4) RCW 13.40.180 applies if the offender is being sentenced for 24
more than one offense. 25
(5) A current offense that is a violation is equivalent to an 26
offense category of E. However, a disposition for a violation shall 27
not include confinement. 28
OR29
OPTION B30
SUSPENDED DISPOSITION ALTERNATIVE31
(1) If the offender is subject to a standard range disposition 32
involving confinement by the department, the court may impose the 33
standard range and suspend the disposition on condition that the 34
offender comply with one or more local sanctions and any educational 35
or treatment requirement. The treatment programs provided to the 36
p. 13 HB 1536
offender must be either research-based best practice programs as 1
identified by the Washington state institute for public policy or the 2
joint legislative audit and review committee, or for chemical 3
dependency treatment programs or services, they must be evidence-4
based or research-based best practice programs. For the purposes of 5
this subsection: 6
(a) "Evidence-based" means a program or practice that has had 7
multiple site random controlled trials across heterogeneous 8
populations demonstrating that the program or practice is effective 9
for the population; and 10
(b) "Research-based" means a program or practice that has some 11
research demonstrating effectiveness, but that does not yet meet the 12
standard of evidence-based practices. 13
(2) If the offender fails to comply with the suspended 14
disposition, the court may impose sanctions pursuant to RCW 13.40.200 15
or may revoke the suspended disposition and order the disposition's 16
execution. 17
(3) An offender is ineligible for the suspended disposition 18
option under this section if the offender: 19
(a) Is adjudicated of an A+ or A++ offense; 20
(b) Is fourteen years of age or older and is adjudicated of one 21
or more of the following offenses: 22
(i) A class A offense, or an attempt, conspiracy, or solicitation 23
to commit a class A offense; 24
(ii) Manslaughter in the first degree (RCW 9A.32.060);25
(iii) Assault in the second degree (RCW 9A.36.021), extortion in 26
the first degree (RCW 9A.56.120), kidnapping in the second degree 27
(RCW 9A.40.030), drive-by shooting (RCW 9A.36.045), vehicular 28
homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), or 29
manslaughter 2 (RCW 9A.32.070); or 30
(iv) Violation of the uniform controlled substances act (RCW 31
69.50.401(2) (a) and (b)), when the offense includes infliction of 32
bodily harm upon another or when during the commission or immediate 33
withdrawal from the offense the respondent was armed with a deadly 34
weapon; 35
(c) Is ordered to serve a disposition for a firearm violation 36
under RCW 13.40.193; 37
(d) Is adjudicated of a sex offense as defined in RCW 9.94A.030; 38
or 39
(e) Has a prior option B disposition. 40
p. 14 HB 1536
OR1
OPTION C2
CHEMICAL DEPENDENCY/MENTAL HEALTH DISPOSITION ALTERNATIVE3
If the juvenile offender is subject to a standard range 4
disposition of local sanctions or 15 to 36 weeks of confinement and 5
has not committed a B++ or B+ offense, the court may impose a 6
disposition under RCW 13.40.160(4) and 13.40.165. 7
OR8
OPTION D9
MANIFEST INJUSTICE10
If the court determines that a disposition under option A, B, or C 11
would effectuate a manifest injustice, the court shall impose a 12
disposition outside the standard range under RCW 13.40.160(2).13
--- END ---
p. 15 HB 1536