Defendant survivors

AN ACT Relating to providing remedies for defendant survivors of 1
domestic violence, sexual assault, or human trafficking; amending RCW 2
9.94A.501, 9.94A.533, 9.94A.535, 9.94A.540, 9.94A.570, 9.94A.640, and 3
9.96.060; reenacting and amending RCW 9.94A.501; adding new sections 4
to chapter 9.94A RCW; adding a new section to chapter 9.96 RCW; 5
providing an effective date; and providing an expiration date.6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
Sentencing Alternative8
NEW SECTION. Sec. 1. A new section is added to chapter 9.94A 9
RCW to read as follows: 10
(1) Notwithstanding any other provision of this chapter, the 11
court may reduce any term of incarceration or other criminal 12
penalties under this chapter or impose available alternatives as 13
provided under subsection (2) of this section when sentencing any 14
defendant for one or more crimes where: At the time of the offense, 15
the defendant was a victim of domestic violence, sexual assault, or 16
human trafficking, and subjected to substantial physical, sexual, or 17
psychological abuse inflicted by an intimate partner or family or 18
household member; the domestic violence or abuse suffered by the 19
defendant was a significant contributing factor to the defendant's 20
H-0781.1
HOUSE BILL 1591
State of Washington 69th Legislature 2025 Regular Session
By Representatives Taylor, Goodman, Parshley, Simmons, Ormsby, Scott,
Doglio, Salahuddin, Reed, and Davis
Read first time 01/24/25. Referred to Committee on Community Safety.
p. 1 HB 1591
criminal conduct; and the generally applicable sentencing 1
requirements under this chapter would be unduly harsh given the 2
nature and circumstances of the crime and the history, character, and 3
condition of the defendant. 4
(2)(a) Prior to reducing a term of incarceration or imposing 5
alternatives under this section, the court shall make findings as to 6
whether the defendant qualifies under this section. The court may 7
determine a defendant qualifies under this section regardless of 8
whether the defendant previously raised any defense related to the 9
domestic violence or abuse. 10
(b) The court may consider the following when making its finding 11
as to whether the domestic violence or abuse suffered by the 12
defendant was a significant contributing factor to his or her 13
criminal conduct: Whether the defendant is being sentenced for a 14
crime against an intimate partner who committed domestic violence 15
against the defendant; whether, at any point in time, the defendant 16
has been diagnosed with or treated for any behavioral health 17
condition related to prior victimization; evidence that the 18
defendant's prior victimization has affected how the defendant 19
perceives their safety and security; evidence that the defendant's 20
prior victimization has affected how the defendant perceives their 21
ability to receive help through law enforcement or other government 22
entities; evidence that the defendant's prior victimization has 23
limited the defendant's ability to achieve financial independence; 24
and any other factors deemed relevant by the court.25
(c) In making findings under this section, the court may consider 26
any of the following: Oral and written arguments; a written statement 27
from the defendant; testimony from the defendant or from witnesses 28
offered by either party; written statements from third parties 29
regarding whether the defendant is a survivor of domestic violence, 30
sexual assault, human trafficking, or stalking including, but not 31
limited to, statements from a mental health or victim service 32
provider or school administrator or teacher; medical records and 33
documents; physical evidence; copies of restraining, antiharassment, 34
or protection orders; police reports; recordings of 911 calls; expert 35
testimony; and any other relevant evidence. 36
(3) If the court finds that a defendant qualifies under this 37
section, the court may, in its discretion: 38
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(a) Impose a sentence below the standard range under RCW 1
9.94A.510, and below any mandatory minimum terms under RCW 9.94A.540 2
and 9.94A.570; 3
(b) Depart downward from any sentencing enhancements under RCW 4
9.94A.533; or 5
(c) Impose the sentencing alternative under section 2 of this 6
act. 7
(4) Nothing in this section modifies the authority of the court 8
to impose any other available sentencing alternatives for a 9
qualifying defendant including, but not limited to, alternatives 10
under RCW 9.94A.650, 9.94A.655, 9.94A.660, 9.94A.670, or 9.94A.711.11
(5) Defendants sentenced for offenses under any of the following 12
are not eligible for alternative sentencing under this act: RCW 13
10.95.020 (aggravated first degree murder); RCW 9A.32.030 (first 14
degree murder); RCW 9A.32.055 (homicide by abuse; minors and 15
dependent adults); an offense committed with intent to commit a 16
terrorist act under chapter 70.74 RCW; any offense requiring sex 17
offender registration under chapter 9A.44 RCW; and attempt or 18
conspiracy to commit any of the foregoing. 19
(6) For the purposes of this section, "family or household 20
member" and "intimate partner" have the same meanings as provided in 21
RCW 10.99.020. 22
NEW SECTION. Sec. 2. A new section is added to chapter 9.94A 23
RCW to read as follows: 24
(1) A person is eligible for the sentencing alternative under 25
this section if the court finds that he or she meets the criteria 26
under section 1 of this act. To assist the court in determining 27
whether the alternative is appropriate for the defendant, the court 28
may order the department to complete a risk assessment report or a 29
chemical dependency screening report as provided in RCW 9.94A.500.30
(2) If the sentencing court determines that the person is 31
eligible for the sentencing alternative under this section and that 32
the sentencing alternative is appropriate and should be imposed, the 33
court shall waive the sentence within the standard sentence range and 34
any applicable enhancements, and instead impose: A reduced term of 35
confinement with an extended term of community custody, as determined 36
by the court; or waive the term of confinement and impose an extended 37
term of community custody. The court has complete discretion to 38
determine the term of incarceration and community custody, provided 39
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that the combined length of both does not exceed the standard range 1
and enhancements applicable to the underlying crime or crimes for 2
which the defendant has been convicted. For the term of community 3
custody, the court may impose conditions as provided in RCW 9.94A.703 4
and may impose other affirmative conditions as the court considers 5
appropriate, and the department may impose conditions and sanctions 6
as authorized in RCW 9.94A.704 and 9.94A.737. 7
(3) For any person serving a term of community custody under this 8
section: 9
(a) The department shall report to the court if the person 10
commits any violations of the conditions imposed by the court or the 11
department; 12
(b) The court may order the person to report to court at any time 13
during the period of community custody in order to evaluate the 14
person's compliance or progress with his or her conditions, or to 15
determine if any violations of the conditions have occurred;16
(c) The court may modify the conditions of community custody or 17
impose sanctions for violations, including extending the term of 18
community custody; and 19
(d) The court may order the person to serve a term of total 20
confinement within the standard range for the offense at any time 21
during the period of community custody, if the person violates the 22
conditions or requirements of the sentence. 23
Resentencing24
NEW SECTION. Sec. 3. A new section is added to chapter 9.94A 25
RCW to read as follows: 26
(1)(a) Any person who is currently incarcerated and serving a 27
sentence of at least eight years imposed prior to the effective date 28
of this section may petition the sentencing court for resentencing on 29
the basis that he or she meets the requirements described in section 30
1(1) of this act. A petition must include at least two pieces of 31
evidence corroborating the applicant's claim of eligibility:32
(i) At least one piece of evidence must be either a court record, 33
presentence report, social services record, hospital record, sworn 34
statement from a witness to the domestic violence or abuse, law 35
enforcement record, domestic incident report, or order of protection.36
(ii) Other evidence may include, but shall not be limited to, 37
local and state department of corrections or other corrections 38
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records, a showing based in part on documentation prepared at or near 1
the time of the commission of the offense or the prosecution thereof 2
tending to support the person's claim, or verification of 3
consultation with a licensed medical or mental health care provider, 4
employee of a court acting within the scope of his or her employment, 5
member of the clergy, attorney, social worker, or other advocate 6
acting on behalf of an agency that assists victims of domestic 7
violence for the purpose of assisting such person with domestic 8
violence victim counseling or support. 9
(2) The court may deny a petition for resentencing without a 10
hearing and must notify the person and dismiss the petition without 11
prejudice. If the court orders a hearing on the petition, the court 12
may receive testimony and evidence as provided under section 1 (2) of 13
this act. 14
(a) The court may consider any fact or circumstances relevant to 15
the imposition of a new sentence which are submitted by the 16
petitioner or the prosecuting attorney, including the petitioner's 17
record of confinement. 18
(b) The court's consideration of the individual's record of 19
confinement shall include, but not be limited to, such applicant's 20
participation in or willingness to participate in programming 21
concerning domestic violence, parenting and substance abuse treatment 22
while incarcerated, and the applicant's disciplinary history. The 23
fact that the applicant may have been unable to participate in 24
treatment or other programming while incarcerated despite such 25
applicant's willingness to do so shall not be considered a negative 26
factor in making a determination on a petition pursuant to this 27
section. 28
(c) If the court grants a petition, the court may resentence the 29
person in accordance with sections 1 and 2 of this act, provided that 30
any new sentence may not be greater than the initial sentence.31
(d) If the court determines that the applicant should not be 32
resentenced in accordance with this act, the court shall inform such 33
petitioner and shall enter an order to that effect. Any order issued 34
by a court pursuant to this section must include written findings of 35
fact and the reasons for such order. 36
(3) If a hearing on a petition is scheduled pursuant to this 37
section, the prosecuting attorney shall make reasonable efforts to 38
notify victims and survivors of victims of the petition and the date 39
of hearing. The prosecuting attorney shall provide victims and 40
p. 5 HB 1591
survivors of victims access to available victim advocates and other 1
related services. The court shall provide an opportunity for victims 2
and survivors of victims of any crimes for which the defendant has 3
been convicted to present a statement personally or by 4
representation. The prosecuting attorney and the court shall comply 5
with the requirements set forth in chapter 7.69 RCW.6
(4) A petition filed under this section does not reopen the 7
defendant's conviction to challenges that would otherwise be barred.8
(5)(a) An appeal may be taken as of right in accordance with 9
applicable provisions of this act: 10
(i) From an order denying resentencing; or 11
(ii) From a new sentence imposed under this provision.12
(b) An appeal may be based on the grounds that:13
(i) The term of the new sentence is harsh or excessive; or14
(ii) The term of the new sentence is unauthorized as a matter of 15
law. 16
(c) Upon remand to the sentencing court following such appeal the 17
applicant shall be given an opportunity to withdraw an application 18
for resentencing before any resentence is imposed.19
Sec. 4. RCW 9.94A.501 and 2024 c 63 s 3 are each amended to read 20
as follows: 21
(1) The department shall supervise the following offenders who 22
are sentenced to probation in superior court, pursuant to RCW 23
9.92.060, 9.95.204, or 9.95.210: 24
(a) Offenders convicted of: 25
(i) Sexual misconduct with a minor second degree;26
(ii) Custodial sexual misconduct second degree;27
(iii) Communication with a minor for immoral purposes; and28
(iv) Violation of RCW 9A.44.132(2) (failure to register); and29
(b) Offenders who have: 30
(i) A current conviction for a repetitive domestic violence 31
offense after August 1, 2011; and 32
(ii) A prior conviction for a repetitive domestic violence 33
offense or domestic violence felony offense after August 1, 2011.34
(2) Misdemeanor and gross misdemeanor offenders supervised by the 35
department pursuant to this section shall be placed on community 36
custody. 37
(3) The department shall supervise every felony offender 38
sentenced to community custody pursuant to RCW 9.94A.701 or 9.94A.702 39
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whose risk assessment classifies the offender as one who is at a high 1
risk to reoffend. 2
(4) Notwithstanding any other provision of this section, the 3
department shall supervise an offender sentenced to community custody 4
regardless of risk classification if the offender: 5
(a) Has a current conviction for a sex offense or a serious 6
violent offense and was sentenced to a term of community custody 7
pursuant to RCW 9.94A.701, 9.94A.702, or 9.94A.507;8
(b) Has been identified by the department as a dangerous mentally 9
ill offender pursuant to RCW 72.09.370; 10
(c) Has an indeterminate sentence and is subject to parole 11
pursuant to RCW 9.95.017; 12
(d) Has a current conviction for violating RCW 9A.44.132(1) 13
(failure to register) and was sentenced to a term of community 14
custody pursuant to RCW 9.94A.701; 15
(e)(i) Has a current conviction for a domestic violence felony 16
offense after August 1, 2011, and a prior conviction for a repetitive 17
domestic violence offense or domestic violence felony offense after 18
August 1, 2011. This subsection (4)(e)(i) applies only to offenses 19
committed prior to July 24, 2015; 20
(ii) Has a current conviction for a domestic violence felony 21
offense. The state and its officers, agents, and employees shall not 22
be held criminally or civilly liable for its supervision of an 23
offender under this subsection (4)(e)(ii) unless the state and its 24
officers, agents, and employees acted with gross negligence;25
(f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, 26
9.94A.670, 9.94A.711, section 1 or 2 of this act, or 9.94A.695;27
(g) Is subject to supervision pursuant to RCW 9.94A.745; or28
(h) Was convicted and sentenced under RCW 46.61.520 (vehicular 29
homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6) 30
(felony DUI), or RCW 46.61.504(6) (felony physical control).31
(5) The department shall supervise any offender who is released 32
by the indeterminate sentence review board and who was sentenced to 33
community custody or subject to community custody under the terms of 34
release. 35
(6) The department is not authorized to, and may not, supervise 36
any offender sentenced to a term of community custody or any 37
probationer unless the offender or probationer is one for whom 38
supervision is required under this section or RCW 9.94A.5011.39
p. 7 HB 1591
(7) The department shall conduct a risk assessment for every 1
felony offender sentenced to a term of community custody who may be 2
subject to supervision under this section or RCW 9.94A.5011.3
(8) The period of time the department is authorized to supervise 4
an offender under this section may not exceed the duration of 5
community custody specified under RCW 9.94B.050, 9.94A.701 (1) 6
through (9), or 9.94A.702, except in cases where the court has 7
imposed an exceptional term of community custody under RCW 9.94A.535.8
(9) The period of time the department is authorized to supervise 9
an offender under this section may be reduced by the earned award of 10
supervision compliance credit pursuant to RCW 9.94A.717.11
Sec. 5. RCW 9.94A.501 and 2024 c 306 s 4 and 2024 c 63 s 3 are 12
each reenacted and amended to read as follows: 13
(1) The department shall supervise the following offenders who 14
are sentenced to probation in superior court, pursuant to RCW 15
9.92.060, 9.95.204, or 9.95.210: 16
(a) Offenders convicted of: 17
(i) Sexual misconduct with a minor second degree;18
(ii) Custodial sexual misconduct second degree;19
(iii) Communication with a minor for immoral purposes; and20
(iv) Violation of RCW 9A.44.132(2) (failure to register); and21
(b) Offenders who have: 22
(i) A current conviction for a repetitive domestic violence 23
offense after August 1, 2011; and 24
(ii) A prior conviction for a repetitive domestic violence 25
offense or domestic violence felony offense after August 1, 2011.26
(2) Misdemeanor and gross misdemeanor offenders supervised by the 27
department pursuant to this section shall be placed on community 28
custody. 29
(3) The department shall supervise every felony offender 30
sentenced to community custody pursuant to RCW 9.94A.701 or 9.94A.702 31
whose risk assessment classifies the offender as one who is at a high 32
risk to reoffend. 33
(4) Notwithstanding any other provision of this section, the 34
department shall supervise an offender sentenced to community custody 35
regardless of risk classification if the offender:36
(a) Has a current conviction for a sex offense or a serious 37
violent offense and was sentenced to a term of community custody 38
pursuant to RCW 9.94A.701, 9.94A.702, or 9.94A.507;39
p. 8 HB 1591
(b) Has been identified by the department as a dangerous mentally 1
ill offender pursuant to RCW 72.09.370; 2
(c) Has an indeterminate sentence and is subject to parole 3
pursuant to RCW 9.95.017; 4
(d) Has a current conviction for violating RCW 9A.44.132(1) 5
(failure to register) and was sentenced to a term of community 6
custody pursuant to RCW 9.94A.701; 7
(e)(i) Has a current conviction for a domestic violence felony 8
offense after August 1, 2011, and a prior conviction for a repetitive 9
domestic violence offense or domestic violence felony offense after 10
August 1, 2011. This subsection (4)(e)(i) applies only to offenses 11
committed prior to July 24, 2015; 12
(ii) Has a current conviction for a domestic violence felony 13
offense. The state and its officers, agents, and employees shall not 14
be held criminally or civilly liable for its supervision of an 15
offender under this subsection (4)(e)(ii) unless the state and its 16
officers, agents, and employees acted with gross negligence;17
(f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, 18
9.94A.670, 9.94A.711, 9.94A.695, section 1 or 2 of this act, or 19
9.94A.661; 20
(g) Is subject to supervision pursuant to RCW 9.94A.745; or21
(h) Was convicted and sentenced under RCW 46.61.520 (vehicular 22
homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6) 23
(felony DUI), or RCW 46.61.504(6) (felony physical control).24
(5) The department shall supervise any offender who is released 25
by the indeterminate sentence review board and who was sentenced to 26
community custody or subject to community custody under the terms of 27
release. 28
(6) The department is not authorized to, and may not, supervise 29
any offender sentenced to a term of community custody or any 30
probationer unless the offender or probationer is one for whom 31
supervision is required under this section or RCW 9.94A.5011.32
(7) The department shall conduct a risk assessment for every 33
felony offender sentenced to a term of community custody who may be 34
subject to supervision under this section or RCW 9.94A.5011.35
(8) The period of time the department is authorized to supervise 36
an offender under this section may not exceed the duration of 37
community custody specified under RCW 9.94B.050, 9.94A.701 (1) 38
through (9), or 9.94A.702, except in cases where the court has 39
imposed an exceptional term of community custody under RCW 9.94A.535.40
p. 9 HB 1591
(9) The period of time the department is authorized to supervise 1
an offender under this section may be reduced by the earned award of 2
supervision compliance credit pursuant to RCW 9.94A.717.3
Sec. 6. RCW 9.94A.533 and 2024 c 301 s 28 are each amended to 4
read as follows: 5
(1) The provisions of this section apply to the standard sentence 6
ranges determined by RCW 9.94A.510 or 9.94A.517. 7
(2) For persons convicted of the anticipatory offenses of 8
criminal attempt, solicitation, or conspiracy under chapter 9A.28 9
RCW, the standard sentence range is determined by locating the 10
sentencing grid sentence range defined by the appropriate offender 11
score and the seriousness level of the completed crime, and 12
multiplying the range by seventy-five percent. 13
(3) The following additional times shall be added to the standard 14
sentence range for felony crimes committed after July 23, 1995, if 15
the offender or an accomplice was armed with a firearm as defined in 16
RCW 9.41.010 and the offender is being sentenced for one of the 17
crimes listed in this subsection as eligible for any firearm 18
enhancements based on the classification of the completed felony 19
crime. If the offender is being sentenced for more than one offense, 20
the firearm enhancement or enhancements must be added to the total 21
period of confinement for all offenses, regardless of which 22
underlying offense is subject to a firearm enhancement. If the 23
offender or an accomplice was armed with a firearm as defined in RCW 24
9.41.010 and the offender is being sentenced for an anticipatory 25
offense under chapter 9A.28 RCW to commit one of the crimes listed in 26
this subsection as eligible for any firearm enhancements, the 27
following additional times shall be added to the standard sentence 28
range determined under subsection (2) of this section based on the 29
felony crime of conviction as classified under RCW 9A.28.020:30
(a) Five years for any felony defined under any law as a class A 31
felony or with a statutory maximum sentence of at least twenty years, 32
or both, and not covered under (f) of this subsection;33
(b) Three years for any felony defined under any law as a class B 34
felony or with a statutory maximum sentence of ten years, or both, 35
and not covered under (f) of this subsection; 36
(c) Eighteen months for any felony defined under any law as a 37
class C felony or with a statutory maximum sentence of five years, or 38
both, and not covered under (f) of this subsection;39
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(d) If the offender is being sentenced for any firearm 1
enhancements under (a), (b), and/or (c) of this subsection and the 2
offender has previously been sentenced for any deadly weapon 3
enhancements after July 23, 1995, under (a), (b), and/or (c) of this 4
subsection or subsection (4)(a), (b), and/or (c) of this section, or 5
both, all firearm enhancements under this subsection shall be twice 6
the amount of the enhancement listed; 7
(e) Notwithstanding any other provision of law, all firearm 8
enhancements under this section are mandatory, shall be served in 9
total confinement, and shall run consecutively to all other 10
sentencing provisions, including other firearm or deadly weapon 11
enhancements, for all offenses sentenced under this chapter. However, 12
whether or not a mandatory minimum term has expired, an offender 13
serving a sentence under this subsection may be: 14
(i) Granted an extraordinary medical placement when authorized 15
under RCW 9.94A.728(1)(c); or 16
(ii) Released under the provisions of RCW 9.94A.730;17
(f) The firearm enhancements in this section shall apply to all 18
felony crimes except the following: Possession of a machine gun or 19
bump-fire stock, possessing a stolen firearm, drive-by shooting, 20
theft of a firearm, unlawful possession of a firearm in the first and 21
second degree, and use of a machine gun or bump-fire stock in a 22
felony; 23
(g) If the standard sentence range under this section exceeds the 24
statutory maximum sentence for the offense, the statutory maximum 25
sentence shall be the presumptive sentence unless the offender is a 26
persistent offender. If the addition of a firearm enhancement 27
increases the sentence so that it would exceed the statutory maximum 28
for the offense, the portion of the sentence representing the 29
enhancement may not be reduced. 30
(4) The following additional times shall be added to the standard 31
sentence range for felony crimes committed after July 23, 1995, if 32
the offender or an accomplice was armed with a deadly weapon other 33
than a firearm as defined in RCW 9.41.010 and the offender is being 34
sentenced for one of the crimes listed in this subsection as eligible 35
for any deadly weapon enhancements based on the classification of the 36
completed felony crime. If the offender is being sentenced for more 37
than one offense, the deadly weapon enhancement or enhancements must 38
be added to the total period of confinement for all offenses, 39
regardless of which underlying offense is subject to a deadly weapon 40
p. 11 HB 1591
enhancement. If the offender or an accomplice was armed with a deadly 1
weapon other than a firearm as defined in RCW 9.41.010 and the 2
offender is being sentenced for an anticipatory offense under chapter 3
9A.28 RCW to commit one of the crimes listed in this subsection as 4
eligible for any deadly weapon enhancements, the following additional 5
times shall be added to the standard sentence range determined under 6
subsection (2) of this section based on the felony crime of 7
conviction as classified under RCW 9A.28.020: 8
(a) Two years for any felony defined under any law as a class A 9
felony or with a statutory maximum sentence of at least twenty years, 10
or both, and not covered under (f) of this subsection;11
(b) One year for any felony defined under any law as a class B 12
felony or with a statutory maximum sentence of ten years, or both, 13
and not covered under (f) of this subsection; 14
(c) Six months for any felony defined under any law as a class C 15
felony or with a statutory maximum sentence of five years, or both, 16
and not covered under (f) of this subsection; 17
(d) If the offender is being sentenced under (a), (b), and/or (c) 18
of this subsection for any deadly weapon enhancements and the 19
offender has previously been sentenced for any deadly weapon 20
enhancements after July 23, 1995, under (a), (b), and/or (c) of this 21
subsection or subsection (3)(a), (b), and/or (c) of this section, or 22
both, all deadly weapon enhancements under this subsection shall be 23
twice the amount of the enhancement listed; 24
(e) Notwithstanding any other provision of law, all deadly weapon 25
enhancements under this section are mandatory, shall be served in 26
total confinement, and shall run consecutively to all other 27
sentencing provisions, including other firearm or deadly weapon 28
enhancements, for all offenses sentenced under this chapter. However, 29
whether or not a mandatory minimum term has expired, an offender 30
serving a sentence under this subsection may be: 31
(i) Granted an extraordinary medical placement when authorized 32
under RCW 9.94A.728(1)(c); or 33
(ii) Released under the provisions of RCW 9.94A.730;34
(f) The deadly weapon enhancements in this section shall apply to 35
all felony crimes except the following: Possession of a machine gun 36
or bump-fire stock, possessing a stolen firearm, drive-by shooting, 37
theft of a firearm, unlawful possession of a firearm in the first and 38
second degree, and use of a machine gun or bump-fire stock in a 39
felony; 40
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(g) If the standard sentence range under this section exceeds the 1
statutory maximum sentence for the offense, the statutory maximum 2
sentence shall be the presumptive sentence unless the offender is a 3
persistent offender. If the addition of a deadly weapon enhancement 4
increases the sentence so that it would exceed the statutory maximum 5
for the offense, the portion of the sentence representing the 6
enhancement may not be reduced. 7
(5) The following additional times shall be added to the standard 8
sentence range if the offender or an accomplice committed the offense 9
while in a county jail or state correctional facility and the 10
offender is being sentenced for one of the crimes listed in this 11
subsection. If the offender or an accomplice committed one of the 12
crimes listed in this subsection while in a county jail or state 13
correctional facility, and the offender is being sentenced for an 14
anticipatory offense under chapter 9A.28 RCW to commit one of the 15
crimes listed in this subsection, the following additional times 16
shall be added to the standard sentence range determined under 17
subsection (2) of this section: 18
(a) Eighteen months for offenses committed under RCW 69.50.401(2) 19
(a) or (b) or 69.50.410; 20
(b) Fifteen months for offenses committed under RCW 69.50.401(2) 21
(c), (d), or (e); 22
(c) Twelve months for offenses committed under RCW 69.50.4013.23
For the purposes of this subsection, all of the real property of 24
a state correctional facility or county jail shall be deemed to be 25
part of that facility or county jail. 26
(6) An additional twenty-four months shall be added to the 27
standard sentence range for any ranked offense involving a violation 28
of chapter 69.50 RCW if the offense was also a violation of RCW 29
69.50.435 or 9.94A.827. All enhancements under this subsection shall 30
run consecutively to all other sentencing provisions, for all 31
offenses sentenced under this chapter. 32
(7) An additional two years 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
46.61.502 for each prior offense as defined in RCW 46.61.5055.36
Notwithstanding any other provision of law, all impaired driving 37
enhancements under this subsection are mandatory, shall be served in 38
total confinement, and shall run consecutively to all other 39
p. 13 HB 1591
sentencing provisions, including other impaired driving enhancements, 1
for all offenses sentenced under this chapter. 2
An offender serving a sentence under this subsection may be 3
granted an extraordinary medical placement when authorized under RCW 4
9.94A.728(1)(c). 5
(8)(a) The following additional times shall be added to the 6
standard sentence range for felony crimes committed on or after July 7
1, 2006, if the offense was committed with sexual motivation, as that 8
term is defined in RCW 9.94A.030. If the offender is being sentenced 9
for more than one offense, the sexual motivation enhancement must be 10
added to the total period of total confinement for all offenses, 11
regardless of which underlying offense is subject to a sexual 12
motivation enhancement. If the offender committed the offense with 13
sexual motivation and the offender is being sentenced for an 14
anticipatory offense under chapter 9A.28 RCW, the following 15
additional times shall be added to the standard sentence range 16
determined under subsection (2) of this section based on the felony 17
crime of conviction as classified under RCW 9A.28.020:18
(i) Two years for any felony defined under the law as a class A 19
felony or with a statutory maximum sentence of at least twenty years, 20
or both; 21
(ii) Eighteen months for any felony defined under any law as a 22
class B felony or with a statutory maximum sentence of ten years, or 23
both; 24
(iii) One year for any felony defined under any law as a class C 25
felony or with a statutory maximum sentence of five years, or both;26
(iv) If the offender is being sentenced for any sexual motivation 27
enhancements under (a)(i), (ii), and/or (iii) of this subsection and 28
the offender has previously been sentenced for any sexual motivation 29
enhancements on or after July 1, 2006, under (a)(i), (ii), and/or 30
(iii) of this subsection, all sexual motivation enhancements under 31
this subsection shall be twice the amount of the enhancement listed;32
(b) Notwithstanding any other provision of law, all sexual 33
motivation enhancements under this subsection are mandatory, shall be 34
served in total confinement, and shall run consecutively to all other 35
sentencing provisions, including other sexual motivation 36
enhancements, for all offenses sentenced under this chapter. However, 37
whether or not a mandatory minimum term has expired, an offender 38
serving a sentence under this subsection may be: 39
p. 14 HB 1591
(i) Granted an extraordinary medical placement when authorized 1
under RCW 9.94A.728(1)(c); or 2
(ii) Released under the provisions of RCW 9.94A.730;3
(c) The sexual motivation enhancements in this subsection apply 4
to all felony crimes; 5
(d) If the standard sentence range under this subsection exceeds 6
the statutory maximum sentence for the offense, the statutory maximum 7
sentence shall be the presumptive sentence unless the offender is a 8
persistent offender. If the addition of a sexual motivation 9
enhancement increases the sentence so that it would exceed the 10
statutory maximum for the offense, the portion of the sentence 11
representing the enhancement may not be reduced; 12
(e) The portion of the total confinement sentence which the 13
offender must serve under this subsection shall be calculated before 14
any earned early release time is credited to the offender;15
(f) Nothing in this subsection prevents a sentencing court from 16
imposing a sentence outside the standard sentence range pursuant to 17
RCW 9.94A.535. 18
(9) An additional one -year enhancement shall be added to the 19
standard sentence range for the felony crimes of RCW 9A.44.073, 20
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089 committed on 21
or after July 22, 2007, if the offender engaged, agreed, or offered 22
to engage the victim in the sexual conduct in return for a fee. If 23
the offender is being sentenced for more than one offense, the 24
one-year enhancement must be added to the total period of total 25
confinement for all offenses, regardless of which underlying offense 26
is subject to the enhancement. If the offender is being sentenced for 27
an anticipatory offense for the felony crimes of RCW 9A.44.073, 28
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, and the 29
offender attempted, solicited another, or conspired to engage, agree, 30
or offer to engage the victim in the sexual conduct in return for a 31
fee, an additional one -year enhancement shall be added to the 32
standard sentence range determined under subsection (2) of this 33
section. For purposes of this subsection, "sexual conduct" means 34
sexual intercourse or sexual contact, both as defined in chapter 35
9A.44 RCW. 36
(10)(a) For a person age eighteen or older convicted of any 37
criminal street gang-related felony offense for which the person 38
compensated, threatened, or solicited a minor in order to involve the 39
minor in the commission of the felony offense, the standard sentence 40
p. 15 HB 1591
range is determined by locating the sentencing grid sentence range 1
defined by the appropriate offender score and the seriousness level 2
of the completed crime, and multiplying the range by one hundred 3
twenty-five percent. If the standard sentence range under this 4
subsection exceeds the statutory maximum sentence for the offense, 5
the statutory maximum sentence is the presumptive sentence unless the 6
offender is a persistent offender. 7
(b) This subsection does not apply to any criminal street gang-8
related felony offense for which involving a minor in the commission 9
of the felony offense is an element of the offense.10
(c) The increased penalty specified in (a) of this subsection is 11
unavailable in the event that the prosecution gives notice that it 12
will seek an exceptional sentence based on an aggravating factor 13
under RCW 9.94A.535. 14
(11) An additional twelve months and one day shall be added to 15
the standard sentence range for a conviction of attempting to elude a 16
police vehicle as defined by RCW 46.61.024, if the conviction 17
included a finding by special allegation of endangering one or more 18
persons under RCW 9.94A.834. 19
(12) An additional twelve months shall be added to the standard 20
sentence range for an offense that is also a violation of RCW 21
9.94A.831. 22
(13) An additional twelve months shall be added to the standard 23
sentence range for vehicular homicide committed while under the 24
influence of intoxicating liquor or any drug as defined by RCW 25
46.61.520 or for vehicular assault committed while under the 26
influence of intoxicating liquor or any drug as defined by RCW 27
46.61.522, or for any felony driving under the influence (RCW 28
46.61.502(6)) or felony physical control under the influence (RCW 29
46.61.504(6)) for each child passenger under the age of sixteen who 30
is an occupant in the defendant's vehicle. These enhancements shall 31
be mandatory, shall be served in total confinement, and shall run 32
consecutively to all other sentencing provisions, including other 33
minor child enhancements, for all offenses sentenced under this 34
chapter. If the addition of a minor child enhancement increases the 35
sentence so that it would exceed the statutory maximum for the 36
offense, the portion of the sentence representing the enhancement 37
shall be mandatory, shall be served in total confinement, and shall 38
run consecutively to all other sentencing provisions.39
p. 16 HB 1591
(14) An additional twelve months shall be added to the standard 1
sentence range for an offense that is also a violation of RCW 2
9.94A.832. 3
(15) An additional 12 months may, at the discretion of the court, 4
be added to the standard sentence range for an offense that is also a 5
violation of RCW 9.94A.828. 6
(16) Regardless of any provisions in this section, if a person is 7
being sentenced in adult court for a crime committed under age 8
eighteen, the court has full discretion to depart from mandatory 9
sentencing enhancements and to take the particular circumstances 10
surrounding the defendant's youth into account. 11
(17) Regardless of any provisions in this section, if the court 12
finds a person qualifies under section 1 or 2 of this act, the court 13
has full discretion to depart downward from mandatory sentencing 14
enhancements.15
Sec. 7. RCW 9.94A.535 and 2019 c 219 s 1 are each amended to 16
read as follows: 17
The court may impose a sentence outside the standard sentence 18
range for an offense if it finds, considering the purpose of this 19
chapter, that there are substantial and compelling reasons justifying 20
an exceptional sentence. Facts supporting aggravated sentences, other 21
than the fact of a prior conviction, shall be determined pursuant to 22
the provisions of RCW 9.94A.537. 23
Whenever a sentence outside the standard sentence range is 24
imposed, the court shall set forth the reasons for its decision in 25
written findings of fact and conclusions of law. A sentence outside 26
the standard sentence range shall be a determinate sentence.27
If the sentencing court finds that an exceptional sentence 28
outside the standard sentence range should be imposed, the sentence 29
is subject to review only as provided for in RCW 9.94A.585(4).30
A departure from the standards in RCW 9.94A.589 (1) and (2) 31
governing whether sentences are to be served consecutively or 32
concurrently is an exceptional sentence subject to the limitations in 33
this section, and may be appealed by the offender or the state as set 34
forth in RCW 9.94A.585 (2) through (6). 35
(1) Mitigating Circumstances - Court to Consider36
The court may impose an exceptional sentence below the standard 37
range if it finds that mitigating circumstances are established by a 38
preponderance of the evidence. The following are illustrative only 39
p. 17 HB 1591
and are not intended to be exclusive reasons for exceptional 1
sentences. 2
(a) To a significant degree, the victim was an initiator, willing 3
participant, aggressor, or provoker of the incident.4
(b) Before detection, the defendant compensated, or made a good 5
faith effort to compensate, the victim of the criminal conduct for 6
any damage or injury sustained. 7
(c) The defendant committed the crime under duress, coercion, 8
threat, or compulsion insufficient to constitute a complete defense 9
but which significantly affected his or her conduct.10
(d) The defendant, with no apparent predisposition to do so, was 11
induced by others to participate in the crime. 12
(e) The defendant's capacity to appreciate the wrongfulness of 13
his or her conduct, or to conform his or her conduct to the 14
requirements of the law, was significantly impaired. Voluntary use of 15
drugs or alcohol is excluded. 16
(f) The offense was principally accomplished by another person 17
and the defendant manifested extreme caution or sincere concern for 18
the safety or well-being of the victim. 19
(g) The operation of the multiple offense policy of RCW 9.94A.589 20
results in a presumptive sentence that is clearly excessive in light 21
of the purpose of this chapter, as expressed in RCW 9.94A.010.22
(h) The defendant or the defendant's children suffered a 23
continuing pattern of physical or sexual abuse by the victim of the 24
offense and the offense is a response to that abuse.25
(i) The defendant was making a good faith effort to obtain or 26
provide medical assistance for someone who is experiencing a drug-27
related overdose. 28
(j) The current offense involved domestic violence, as defined in 29
RCW 10.99.020, and the defendant suffered a continuing pattern of 30
coercion, control, or abuse by the victim of the offense and the 31
offense is a response to that coercion, control, or abuse.32
(k) The defendant was convicted of vehicular homicide, by the 33
operation of a vehicle in a reckless manner and has committed no 34
other previous serious traffic offenses as defined in RCW 9.94A.030, 35
and the sentence is clearly excessive in light of the purpose of this 36
chapter, as expressed in RCW 9.94A.010. 37
(l) The defendant was a victim of domestic violence, sexual 38
assault, or human trafficking at the time of the offense, subjected 39
to substantial physical, sexual, or psychological abuse inflicted by 40
p. 18 HB 1591
an intimate partner or family or household member, the domestic 1
violence or abuse was a significant contributing factor to the 2
defendant's criminal conduct, and the sentence would be unduly harsh 3
given the nature and circumstances of the crime and the history, 4
character, and condition of the defendant. 5
(2) Aggravating Circumstances - Considered and Imposed by the 6
Court 7
The trial court may impose an aggravated exceptional sentence 8
without a finding of fact by a jury under the following 9
circumstances: 10
(a) The defendant and the state both stipulate that justice is 11
best served by the imposition of an exceptional sentence outside the 12
standard range, and the court finds the exceptional sentence to be 13
consistent with and in furtherance of the interests of justice and 14
the purposes of the sentencing reform act. 15
(b) The defendant's prior unscored misdemeanor or prior unscored 16
foreign criminal history results in a presumptive sentence that is 17
clearly too lenient in light of the purpose of this chapter, as 18
expressed in RCW 9.94A.010. 19
(c) The defendant has committed multiple current offenses and the 20
defendant's high offender score results in some of the current 21
offenses going unpunished. 22
(d) The failure to consider the defendant's prior criminal 23
history which was omitted from the offender score calculation 24
pursuant to RCW 9.94A.525 results in a presumptive sentence that is 25
clearly too lenient. 26
(3) Aggravating Circumstances - Considered by a Jury - Imposed by 27
the Court 28
Except for circumstances listed in subsection (2) of this 29
section, the following circumstances are an exclusive list of factors 30
that can support a sentence above the standard range. Such facts 31
should be determined by procedures specified in RCW 9.94A.537.32
(a) The defendant's conduct during the commission of the current 33
offense manifested deliberate cruelty to the victim.34
(b) The defendant knew or should have known that the victim of 35
the current offense was particularly vulnerable or incapable of 36
resistance. 37
(c) The current offense was a violent offense, and the defendant 38
knew that the victim of the current offense was pregnant.39
p. 19 HB 1591
(d) The current offense was a major economic offense or series of 1
offenses, so identified by a consideration of any of the following 2
factors: 3
(i) The current offense involved multiple victims or multiple 4
incidents per victim; 5
(ii) The current offense involved attempted or actual monetary 6
loss substantially greater than typical for the offense;7
(iii) The current offense involved a high degree of 8
sophistication or planning or occurred over a lengthy period of time; 9
or 10
(iv) The defendant used his or her position of trust, confidence, 11
or fiduciary responsibility to facilitate the commission of the 12
current offense. 13
(e) The current offense was a major violation of the Uniform 14
Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to 15
trafficking in controlled substances, which was more onerous than the 16
typical offense of its statutory definition: The presence of ANY of 17
the following may identify a current offense as a major VUCSA:18
(i) The current offense involved at least three separate 19
transactions in which controlled substances were sold, transferred, 20
or possessed with intent to do so; 21
(ii) The current offense involved an attempted or actual sale or 22
transfer of controlled substances in quantities substantially larger 23
than for personal use; 24
(iii) The current offense involved the manufacture of controlled 25
substances for use by other parties; 26
(iv) The circumstances of the current offense reveal the offender 27
to have occupied a high position in the drug distribution hierarchy;28
(v) The current offense involved a high degree of sophistication 29
or planning, occurred over a lengthy period of time, or involved a 30
broad geographic area of disbursement; or 31
(vi) The offender used his or her position or status to 32
facilitate the commission of the current offense, including positions 33
of trust, confidence or fiduciary responsibility (e.g., pharmacist, 34
physician, or other medical professional). 35
(f) The current offense included a finding of sexual motivation 36
pursuant to RCW 9.94A.835. 37
(g) The offense was part of an ongoing pattern of sexual abuse of 38
the same victim under the age of eighteen years manifested by 39
multiple incidents over a prolonged period of time.40
p. 20 HB 1591
(h) The current offense involved domestic violence, as defined in 1
RCW 10.99.020, or stalking, as defined in RCW 9A.46.110, and one or 2
more of the following was present: 3
(i) The offense was part of an ongoing pattern of psychological, 4
physical, or sexual abuse of a victim or multiple victims manifested 5
by multiple incidents over a prolonged period of time;6
(ii) The offense occurred within sight or sound of the victim's 7
or the offender's minor children under the age of eighteen years; or8
(iii) The offender's conduct during the commission of the current 9
offense manifested deliberate cruelty or intimidation of the victim.10
(i) The offense resulted in the pregnancy of a child victim of 11
rape. 12
(j) The defendant knew that the victim of the current offense was 13
a youth who was not residing with a legal custodian and the defendant 14
established or promoted the relationship for the primary purpose of 15
victimization. 16
(k) The offense was committed with the intent to obstruct or 17
impair human or animal health care or agricultural or forestry 18
research or commercial production. 19
(l) The current offense is trafficking in the first degree or 20
trafficking in the second degree and any victim was a minor at the 21
time of the offense. 22
(m) The offense involved a high degree of sophistication or 23
planning. 24
(n) The defendant used his or her position of trust, confidence, 25
or fiduciary responsibility to facilitate the commission of the 26
current offense. 27
(o) The defendant committed a current sex offense, has a history 28
of sex offenses, and is not amenable to treatment.29
(p) The offense involved an invasion of the victim's privacy.30
(q) The defendant demonstrated or displayed an egregious lack of 31
remorse. 32
(r) The offense involved a destructive and foreseeable impact on 33
persons other than the victim. 34
(s) The defendant committed the offense to obtain or maintain his 35
or her membership or to advance his or her position in the hierarchy 36
of an organization, association, or identifiable group.37
(t) The defendant committed the current offense shortly after 38
being released from incarceration. 39
p. 21 HB 1591
(u) The current offense is a burglary and the victim of the 1
burglary was present in the building or residence when the crime was 2
committed. 3
(v) The offense was committed against a law enforcement officer 4
who was performing his or her official duties at the time of the 5
offense, the offender knew that the victim was a law enforcement 6
officer, and the victim's status as a law enforcement officer is not 7
an element of the offense. 8
(w) The defendant committed the offense against a victim who was 9
acting as a good samaritan. 10
(x) The defendant committed the offense against a public official 11
or officer of the court in retaliation of the public official's 12
performance of his or her duty to the criminal justice system.13
(y) The victim's injuries substantially exceed the level of 14
bodily harm necessary to satisfy the elements of the offense. This 15
aggravator is not an exception to RCW 9.94A.530(2).16
(z)(i)(A) The current offense is theft in the first degree, theft 17
in the second degree, possession of stolen property in the first 18
degree, or possession of stolen property in the second degree; (B) 19
the stolen property involved is metal property; and (C) the property 20
damage to the victim caused in the course of the theft of metal 21
property is more than three times the value of the stolen metal 22
property, or the theft of the metal property creates a public hazard.23
(ii) For purposes of this subsection, "metal property" means 24
commercial metal property ((, private metal property, )) or nonferrous 25
metal property, as defined in RCW 19.290.010. 26
(aa) The defendant committed the offense with the intent to 27
directly or indirectly cause any benefit, aggrandizement, gain, 28
profit, or other advantage to or for a criminal street gang as 29
defined in RCW 9.94A.030, its reputation, influence, or membership.30
(bb) The current offense involved paying to view, over the 31
internet in violation of RCW 9.68A.075, depictions of a minor engaged 32
in an act of sexually explicit conduct as defined in RCW 33
9.68A.011(((4))) (7) (a) through (g). 34
(cc) The offense was intentionally committed because the 35
defendant perceived the victim to be homeless, as defined in RCW 36
9.94A.030. 37
(dd) The current offense involved a felony crime against persons, 38
except for assault in the third degree pursuant to RCW 39
9A.36.031(1)(k), that occurs in a courtroom, jury room, judge's 40
p. 22 HB 1591
chamber, or any waiting area or corridor immediately adjacent to a 1
courtroom, jury room, or judge's chamber. This subsection shall apply 2
only: (i) During the times when a courtroom, jury room, or judge's 3
chamber is being used for judicial purposes during court proceedings; 4
and (ii) if signage was posted in compliance with RCW 2.28.200 at the 5
time of the offense. 6
(ee) During the commission of the current offense, the defendant 7
was driving in the opposite direction of the normal flow of traffic 8
on a multiple lane highway, as defined by RCW 46.04.350, with a 9
posted speed limit of forty-five miles per hour or greater.10
(ff) The current offense involved the assault of a utility 11
employee of any publicly or privately owned utility company or 12
agency, who is at the time of the act engaged in official duties, 13
including: (i) The maintenance or repair of utility poles, lines, 14
conduits, pipes, or other infrastructure; or (ii) connecting, 15
disconnecting, or recording utility meters. 16
Sec. 8. RCW 9.94A.540 and 2014 c 130 s 2 are each amended to 17
read as follows: 18
(1) Except to the extent provided in subsection s (3) and (4) of 19
this section, the following minimum terms of total confinement are 20
mandatory and shall not be varied or modified under RCW 9.94A.535:21
(a) An offender convicted of the crime of murder in the first 22
degree shall be sentenced to a term of total confinement not less 23
than twenty years. 24
(b) An offender convicted of the crime of assault in the first 25
degree or assault of a child in the first degree where the offender 26
used force or means likely to result in death or intended to kill the 27
victim shall be sentenced to a term of total confinement not less 28
than five years. 29
(c) An offender convicted of the crime of rape in the first 30
degree shall be sentenced to a term of total confinement not less 31
than five years. 32
(d) An offender convicted of the crime of sexually violent 33
predator escape shall be sentenced to a minimum term of total 34
confinement not less than sixty months. 35
(e) An offender convicted of the crime of aggravated first degree 36
murder for a murder that was committed prior to the offender's 37
eighteenth birthday shall be sentenced to a term of total confinement 38
not less than twenty-five years. 39
p. 23 HB 1591
(2) During such minimum terms of total confinement, no offender 1
subject to the provisions of this section is eligible for community 2
custody, earned release time, furlough, home detention, partial 3
confinement, work crew, work release, or any other form of early 4
release authorized under RCW 9.94A.728, or any other form of 5
authorized leave of absence from the correctional facility while not 6
in the direct custody of a corrections officer. The provisions of 7
this subsection shall not apply: (a) In the case of an offender in 8
need of emergency medical treatment; (b) for the purpose of 9
commitment to an inpatient treatment facility in the case of an 10
offender convicted of the crime of rape in the first degree; or (c) 11
for an extraordinary medical placement when authorized under RCW 12
9.94A.728(((3))) (1)(c). 13
(3)(a) Subsection (1)(a) through (d) of this section shall not be 14
applied in sentencing of juveniles tried as adults pursuant to RCW 15
13.04.030(1)(e)(i). 16
(b) This subsection (3) applies only to crimes committed on or 17
after July 24, 2005. 18
(4) The mandatory minimum terms under this section do not apply 19
if a court finds that a defendant qualifies for reduced or 20
alternative sentencing under section 1 or 2 of this act.21
Sec. 9. RCW 9.94A.570 and 2000 c 28 s 6 are each amended to read 22
as follows: 23
((Notwithstanding)) (1) Except as provided in subsection (2) of 24
this section, and notwithstanding the statutory maximum sentence or 25
any other provision of this chapter, a persistent offender shall be 26
sentenced to a term of total confinement for life without the 27
possibility of release or, when authorized by RCW 10.95.030 for the 28
crime of aggravated murder in the first degree, sentenced to death. 29
In addition, no offender subject to this ((section)) subsection may 30
be eligible for community custody, earned release time, furlough, 31
home detention, partial confinement, work crew, work release, or any 32
other form of release as defined under RCW 9.94A.728 (((1), (2), (3), 33
(4), (6), (8), or (9))) (1) (b), (c), (e), (h), and (i), or any other 34
form of authorized leave from a correctional facility while not in 35
the direct custody of a corrections officer or officers, except: 36
(((1))) (a) In the case of an offender in need of emergency medical 37
treatment; or (((2))) (b) for the purpose of commitment to an 38
p. 24 HB 1591
inpatient treatment facility in the case of an offender convicted of 1
the crime of rape in the first degree. 2
(2) This section does not apply if a court finds a defendant 3
qualifies for reduced or alternative sentencing under section 1 or 2 4
of this act.5
NEW SECTION. Sec. 10. A new section is added to chapter 9.94A 6
RCW to read as follows: 7
(1) Any person who has been discharged under RCW 9.94A.637 may 8
apply to the sentencing court for a vacation of his or her record of 9
conviction for an offense occurring prior to the effective date of 10
this section on the basis that: At the time of the offense, the 11
person was a victim of domestic violence, sexual assault, or human 12
trafficking, subjected to substantial physical, sexual, or 13
psychological abuse inflicted by an intimate partner or family or 14
household member; the domestic violence or abuse suffered by the 15
person was a significant contributing factor to the defendant's 16
criminal conduct; and the collateral consequences of the record of 17
conviction create an unduly harsh burden on the person given the 18
nature and circumstances of the offense and the personal history, 19
character, and condition of the individual. 20
(2) In considering an application under this section, the court 21
may consider the factors specified in section 1 (2)(b) of this act and 22
any evidence offered by the applicant, the prosecutor, and third 23
parties including, but not limited to, those specified in section 24
1(2)(c) of this act; however, the court, in its discretion, may rely 25
solely upon the sworn testimony of the applicant at a hearing before 26
the court when granting an application under this section.27
(3) If the court finds that an applicant qualifies under this 28
section, the court may, in the interest of justice, waive the 29
restrictions under RCW 9.94A.640(2) and vacate the conviction 30
according to the process provided in RCW 9.94A.640(1).31
(4) For the purposes of this section, "intimate partner" and 32
"family or household member" have the same meanings as provided in 33
RCW 10.99.020. 34
Sec. 11. RCW 9.94A.640 and 2021 c 237 s 2 are each amended to 35
read as follows: 36
(1) Every offender who has been discharged under RCW 9.94A.637 37
may apply to the sentencing court for a vacation of the offender's 38
p. 25 HB 1591
record of conviction. If the court finds the offender meets the tests 1
prescribed in subsection (2) of this section or section 10 of this 2
act, the court may clear the record of conviction by: (a) Permitting 3
the offender to withdraw the offender's plea of guilty and to enter a 4
plea of not guilty; or (b) if the offender has been convicted after a 5
plea of not guilty, by the court setting aside the verdict of guilty; 6
and (c) by the court dismissing the information or indictment against 7
the offender. 8
(2) ((An)) Except as provided under section 10 of this act, an 9
offender may not have the record of conviction cleared if:10
(a) There are any criminal charges against the offender pending 11
in any court of this state or another state, or in any federal court;12
(b) The offense was a violent offense as defined in RCW 9.94A.030 13
or crime against persons as defined in RCW 43.43.830, except the 14
following offenses may be vacated if the conviction did not include a 15
firearm, deadly weapon, or sexual motivation enhancement: (i) Assault 16
in the second degree under RCW 9A.36.021; (ii) assault in the third 17
degree under RCW 9A.36.031 when not committed against a law 18
enforcement officer or peace officer; and (iii) robbery in the second 19
degree under RCW 9A.56.210; 20
(c) The offense is a class B felony and the offender has been 21
convicted of a new crime in this state, another state, or federal 22
court in the ten years prior to the application for vacation;23
(d) The offense is a class C felony and the offender has been 24
convicted of a new crime in this state, another state, or federal 25
court in the five years prior to the application for vacation;26
(e) The offense is a class B felony and less than ten years have 27
passed since the later of: (i) The applicant's release from community 28
custody; (ii) the applicant's release from full and partial 29
confinement; or (iii) the applicant's sentencing date;30
(f) The offense was a class C felony, other than a class C felony 31
described in RCW 46.61.502(6) or 46.61.504(6), and less than five 32
years have passed since the later of: (i) The applicant's release 33
from community custody; (ii) the applicant's release from full and 34
partial confinement; or (iii) the applicant's sentencing date; or35
(g) The offense was a felony described in RCW 46.61.502 or 36
46.61.504. 37
(3) If the applicant is a victim of sex trafficking, 38
prostitution, or commercial sexual abuse of a minor; sexual assault; 39
or domestic violence as defined in RCW 9.94A.030, the victim or the 40
p. 26 HB 1591
prosecutor of the county in which the victim was sentenced may apply 1
to the sentencing court or the sentencing court's successor to vacate 2
the victim's record of conviction for a class B or class C felony 3
offense using the process in RCW 9.94A.648. When preparing or filing 4
the petition, the prosecutor is not deemed to be providing legal 5
advice or legal assistance on behalf of the victim, but is fulfilling 6
an administrative function on behalf of the state in order to further 7
their responsibility to seek to reform and improve the administration 8
of criminal justice. A record of conviction vacated using the process 9
in RCW 9.94A.648 is subject to subsection (4) of this section.10
(4)(a) Except as otherwise provided, once the court vacates a 11
record of conviction under subsection (1) of this section, the fact 12
that the offender has been convicted of the offense shall not be 13
included in the offender's criminal history for purposes of 14
determining a sentence in any subsequent conviction, and the offender 15
shall be released from all penalties and disabilities resulting from 16
the offense. For all purposes, including responding to questions on 17
employment applications, an offender whose conviction has been 18
vacated may state that the offender has never been convicted of that 19
crime. A conviction that has been vacated under this section may not 20
be disseminated or disclosed by the state patrol or local law 21
enforcement agency to any person, except other criminal justice 22
enforcement agencies. Nothing in this section affects or prevents the 23
use of an offender's prior conviction in a later criminal 24
prosecution, and nothing in this section affects the requirements for 25
restoring a right to possess a firearm under RCW 9.41.040.26
(b) A conviction vacated on or after July 28, 2019, qualifies as 27
a prior conviction for the purpose of charging a present recidivist 28
offense occurring on or after July 28, 2019, and may be used to 29
establish an ongoing pattern of abuse for purposes of RCW 9.94A.535.30
NEW SECTION. Sec. 12. A new section is added to chapter 9.96 31
RCW to read as follows: 32
(1) Any person who has completed the conditions of his or her 33
sentence may apply to the sentencing court for a vacation of his or 34
her record of conviction for an offense occurring prior to the 35
effective date of this section on the basis that: At the time of the 36
offense, the person was a victim of domestic violence, sexual 37
assault, or human trafficking, subjected to substantial physical, 38
sexual, or psychological abuse inflicted by an intimate partner or 39
p. 27 HB 1591
family or household member; the domestic violence or abuse suffered 1
by the person was a significant contributing factor to the 2
defendant's criminal conduct; and the collateral consequences of the 3
record of conviction create an unduly harsh burden on the person 4
given the nature and circumstances of the offense and the personal 5
history, character, and condition of the individual.6
(2) In considering an application under this section, the court 7
may consider the factors specified in section 1 (2)(b) of this act. 8
The court may consider any evidence offered by the defendant, the 9
prosecutor, and third parties including, but not limited to, the 10
types specified in section 1 (2)(c) of this act; however, the court, 11
in its discretion, may rely solely upon the sworn testimony of the 12
applicant at a hearing before the court when granting an application 13
under this section. 14
(3) If the court finds that an applicant qualifies under this 15
section, the court may, in the interest of justice, waive the 16
restrictions under RCW 9.96.060(2) and vacate the conviction 17
according to the process provided in RCW 9.96.060(1).18
(4) For the purposes of this section, "intimate partner" and 19
"family or household member" have the same meanings as provided in 20
RCW 10.99.020. 21
Sec. 13. RCW 9.96.060 and 2024 c 296 s 1 are each amended to 22
read as follows: 23
(1) When vacating a conviction under this section or section 12 24
of this act, the court effectuates the vacation by: (a)(i) Permitting 25
the applicant to withdraw the applicant's plea of guilty and to enter 26
a plea of not guilty; or (ii) if the applicant has been convicted 27
after a plea of not guilty, the court setting aside the verdict of 28
guilty; and (b) the court dismissing the information, indictment, 29
complaint, or citation against the applicant and vacating the 30
judgment and sentence. 31
(2) Every person convicted of a misdemeanor or gross misdemeanor 32
offense may apply to the sentencing court for a vacation of the 33
applicant's record of conviction for the offense. If the court finds 34
the applicant meets the requirements of this subsection, the court 35
may in its discretion vacate the record of conviction. Except as 36
provided in subsections (3), (4), (5), and (6) of this section and 37
section 12 of this act , an applicant may not have the record of 38
p. 28 HB 1591
conviction for a misdemeanor or gross misdemeanor offense vacated if 1
any one of the following is present: 2
(a) The applicant has not completed all of the terms of the 3
sentence for the offense, including satisfaction of financial 4
obligations; 5
(b) There are any criminal charges against the applicant pending 6
in any court of this state or another state, or in any federal or 7
tribal court, at the time of application; 8
(c) The offense was a violent offense as defined in RCW 9.94A.030 9
or an attempt to commit a violent offense; 10
(d) The offense was a violation of RCW 46.61.502 (driving while 11
under the influence), 46.61.504 (actual physical control while under 12
the influence), 9.91.020 (operating a railroad, etc. while 13
intoxicated), or the offense is considered a "prior offense" under 14
RCW 46.61.5055 and the applicant has had a subsequent alcohol or drug 15
violation within 10 years of the date of arrest for the prior offense 16
or less than 10 years has elapsed since the date of the arrest for 17
the prior offense; 18
(e) The offense was any misdemeanor or gross misdemeanor 19
violation, including attempt, of chapter 9.68 RCW (obscenity and 20
pornography), chapter 9.68A RCW (sexual exploitation of children), or 21
chapter 9A.44 RCW (sex offenses), except for failure to register as a 22
sex offender under RCW 9A.44.132; 23
(f) The applicant was convicted of a misdemeanor or gross 24
misdemeanor offense as defined in RCW 10.99.020, or the court 25
determines after a review of the court file that the offense was 26
committed by one family or household member against another or by one 27
intimate partner against another, or the court, after considering the 28
damage to person or property that resulted in the conviction, any 29
prior convictions for crimes defined in RCW 10.99.020, or for 30
comparable offenses in another state or in federal court, and the 31
totality of the records under review by the court regarding the 32
conviction being considered for vacation, determines that the offense 33
involved domestic violence, and any one of the following factors 34
exist: 35
(i) The applicant has not provided written notification of the 36
vacation petition to the prosecuting attorney's office that 37
prosecuted the offense for which vacation is sought, or has not 38
provided that notification to the court; 39
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(ii) The applicant has two or more domestic violence convictions 1
stemming from different incidents. For purposes of this subsection, 2
however, if the current application is for more than one conviction 3
that arose out of a single incident, none of those convictions counts 4
as a previous conviction; 5
(iii) The applicant has signed an affidavit under penalty of 6
perjury affirming that the applicant has not previously had a 7
conviction for a domestic violence offense, and a criminal history 8
check reveals that the applicant has had such a conviction; or9
(iv) Less than five years have elapsed since the person completed 10
the terms of the original conditions of the sentence, including 11
successful completion of any treatment ordered as a condition of 12
sentencing, but excluding the payment of financial obligations;13
(g) For any offense other than those described in (f) of this 14
subsection, less than three years have passed since the later of the 15
applicant's release from supervision or probation; the applicant's 16
release from total and partial confinement, as defined in RCW 17
9.94A.030; or the applicant's sentencing date; 18
(h) The offender has been convicted of a new crime in this state, 19
another state, or federal or tribal court in the three years prior to 20
the vacation application; or 21
(i) The applicant is currently restrained by a domestic violence 22
protection order, a no-contact order, an antiharassment order, or a 23
civil restraining order which restrains one party from contacting the 24
other party or was previously restrained by such an order and was 25
found to have committed one or more violations of the order in the 26
five years prior to the vacation application. 27
(3) If the applicant is a victim of sex trafficking, 28
prostitution, or commercial sexual abuse of a minor; sexual assault; 29
or domestic violence as defined in RCW 9.94A.030, or the prosecutor 30
applies on behalf of the state, the sentencing court may vacate the 31
record of conviction if the application satisfies the requirements of 32
RCW 9.96.080. When preparing or filing the petition, the prosecutor 33
is not deemed to be providing legal advice or legal assistance on 34
behalf of the victim, but is fulfilling an administrative function on 35
behalf of the state in order to further their responsibility to seek 36
to reform and improve the administration of criminal justice. A 37
record of conviction vacated using the process in RCW 9.96.080 is 38
subject to subsections (7) and (8) of this section.39
p. 30 HB 1591
(4) Every person convicted prior to January 1, 1975, of violating 1
any statute or rule regarding the regulation of fishing activities, 2
including, but not limited to, (([former])) former RCW 75.08.260, 3
75.12.060, 75.12.070, 75.12.160, 77.16.020, 77.16.030, 77.16.040, 4
77.16.060, and 77.16.240 who claimed to be exercising a treaty Indian 5
fishing right, may apply to the sentencing court for vacation of the 6
applicant's record of the misdemeanor, gross misdemeanor, or felony 7
conviction for the offense. If the person is deceased, a member of 8
the person's family or an official representative of the tribe of 9
which the person was a member may apply to the court on behalf of the 10
deceased person. Notwithstanding the requirements of RCW 9.94A.640, 11
the court shall vacate the record of conviction if:12
(a) The applicant is a member of a tribe that may exercise treaty 13
Indian fishing rights at the location where the offense occurred; and14
(b) The state has been enjoined from taking enforcement action of 15
the statute or rule to the extent that it interferes with a treaty 16
Indian fishing right as determined under United States v. Washington , 17
384 F. Supp. 312 (W.D. Wash. 1974), or Sohappy v. Smith, 302 F. Supp. 18
899 (D. Oregon 1969), and any posttrial orders of those courts, or 19
any other state supreme court or federal court decision.20
(5) Every person convicted of a misdemeanor cannabis offense, who 21
was 21 years of age or older at the time of the offense, may apply to 22
the sentencing court for a vacation of the applicant's record of 23
conviction for the offense. A misdemeanor cannabis offense includes, 24
but is not limited to: Any offense under RCW 69.50.4014, from July 1, 25
2004, onward, and its predecessor statutes, including RCW 26
69.50.401(e), from March 21, 1979, to July 1, 2004, and RCW 27
69.50.401(d), from May 21, 1971, to March 21, 1979, and any offense 28
under an equivalent municipal ordinance. If an applicant qualifies 29
under this subsection, the court shall vacate the record of 30
conviction. 31
(6) If a person convicted of violating RCW 69.50.4011(1) (b) or 32
(c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c) completes a 33
substance use disorder program and files proof of completion with the 34
court, or obtains an assessment from a recovery navigator program 35
established under RCW 71.24.115, an arrest and jail alternative 36
program established under RCW 36.28A.450, or a law enforcement 37
assisted diversion program established under RCW 71.24.589, and has 38
six months of substantial compliance with recommended treatment or 39
services and progress toward recovery goals as reflected by a written 40
p. 31 HB 1591
status update, upon verification the court must vacate the conviction 1
or convictions. 2
(7) A person who is a family member of a homicide victim may 3
apply to the sentencing court on the behalf of the victim for 4
vacation of the victim's record of conviction for prostitution under 5
RCW 9A.88.030. If an applicant qualifies under this subsection, the 6
court shall vacate the victim's record of conviction.7
(8)(a) Except as provided in (c) of this subsection, once the 8
court vacates a record of conviction under this section, the person 9
shall be released from all penalties and disabilities resulting from 10
the offense and the fact that the person has been convicted of the 11
offense shall not be included in the person's criminal history for 12
purposes of determining a sentence in any subsequent conviction. For 13
all purposes, including responding to questions on employment or 14
housing applications, a person whose conviction has been vacated 15
under this section may state that he or she has never been convicted 16
of that crime. However, nothing in this section affects the 17
requirements for restoring a right to possess a firearm under RCW 18
9.41.041. Except as provided in (b) of this subsection, nothing in 19
this section affects or prevents the use of an offender's prior 20
conviction in a later criminal prosecution. 21
(b) When a court vacates a record of domestic violence as defined 22
in RCW 10.99.020 under this section, the state may not use the 23
vacated conviction in a later criminal prosecution unless the 24
conviction was for: (i) Violating the provisions of a restraining 25
order, no-contact order, or protection order restraining or enjoining 26
the person or restraining the person from going on to the grounds of 27
or entering a residence, workplace, school, or day care, or 28
prohibiting the person from knowingly coming within, or knowingly 29
remaining within, a specified distance of a location, a protected 30
party's person, or a protected party's vehicle (RCW 10.99.040, 31
10.99.050, 26.09.300, 26.26B.050, 26.44.063, 26.44.150, or 26.52.070, 32
or any of the former RCW 26.50.060, 26.50.070, 26.50.130, and 33
74.34.145); (ii) stalking (RCW 9A.46.110); or (iii) a domestic 34
violence protection order or vulnerable adult protection order 35
entered under chapter 7.105 RCW. A vacated conviction under this 36
section is not considered a conviction of such an offense for the 37
purposes of 27 C.F.R. 478.11. 38
(c) A conviction vacated on or after July 28, 2019, qualifies as 39
a prior conviction for the purpose of charging a present recidivist 40
p. 32 HB 1591
offense as defined in RCW 9.94A.030 occurring on or after July 28, 1
2019. 2
(9) The clerk of the court in which the vacation order is entered 3
shall immediately transmit the order vacating the conviction to the 4
Washington state patrol identification section and to the local 5
police agency, if any, which holds criminal history information for 6
the person who is the subject of the conviction. The Washington state 7
patrol and any such local police agency shall immediately update 8
their records to reflect the vacation of the conviction, and shall 9
transmit the order vacating the conviction to the federal bureau of 10
investigation. A conviction that has been vacated under this section 11
may not be disseminated or disclosed by the state patrol or local law 12
enforcement agency to any person, except other criminal justice 13
enforcement agencies. 14
(10) For the purposes of this section, "cannabis" has the meaning 15
provided in RCW 69.50.101. 16
NEW SECTION. Sec. 14. Section 4 of this act expires January 1, 17
2026.18
NEW SECTION. Sec. 15. Section 5 of this act takes effect 19
January 1, 2026.20
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