Violent offenses

AN ACT Relating to violent offenses; amending RCW 9.94A.030, 1
9.94A.030, and 10.19.055; providing an effective date; and providing 2
an expiration date. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 9.94A.030 and 2022 c 231 s 11 are each amended to 5
read as follows: 6
Unless the context clearly requires otherwise, the definitions in 7
this section apply throughout this chapter. 8
(1) "Board" means the indeterminate sentence review board created 9
under chapter 9.95 RCW. 10
(2) "Collect," or any derivative thereof, "collect and remit," or 11
"collect and deliver," when used with reference to the department, 12
means that the department, either directly or through a collection 13
agreement authorized by RCW 9.94A.760, is responsible for monitoring 14
and enforcing the offender's sentence with regard to the legal 15
financial obligation, receiving payment thereof from the offender, 16
and, consistent with current law, delivering daily the entire payment 17
to the superior court clerk without depositing it in a departmental 18
account. 19
(3) "Commission" means the sentencing guidelines commission.20
H-1264.1
HOUSE BILL 1972
State of Washington 69th Legislature 2025 Regular Session
By Representative Rule
Read first time 02/13/25. Referred to Committee on Community Safety.
p. 1 HB 1972
(4) "Community corrections officer" means an employee of the 1
department who is responsible for carrying out specific duties in 2
supervision of sentenced offenders and monitoring of sentence 3
conditions. 4
(5) "Community custody" means that portion of an offender's 5
sentence of confinement in lieu of earned release time or imposed as 6
part of a sentence under this chapter and served in the community 7
subject to controls placed on the offender's movement and activities 8
by the department. 9
(6) "Community protection zone" means the area within 880 feet of 10
the facilities and grounds of a public or private school.11
(7) "Community restitution" means compulsory service, without 12
compensation, performed for the benefit of the community by the 13
offender. 14
(8) "Confinement" means total or partial confinement.15
(9) "Conviction" means an adjudication of guilt pursuant to Title 16
10 or 13 RCW and includes a verdict of guilty, a finding of guilty, 17
and acceptance of a plea of guilty. 18
(10) "Crime-related prohibition" means an order of a court 19
prohibiting conduct that directly relates to the circumstances of the 20
crime for which the offender has been convicted, and shall not be 21
construed to mean orders directing an offender affirmatively to 22
participate in rehabilitative programs or to otherwise perform 23
affirmative conduct. However, affirmative acts necessary to monitor 24
compliance with the order of a court may be required by the 25
department. 26
(11) "Criminal history" means the list of a defendant's prior 27
convictions and juvenile adjudications, whether in this state, in 28
federal court, or elsewhere, and any issued certificates of 29
restoration of opportunity pursuant to RCW 9.97.020.30
(a) The history shall include, where known, for each conviction 31
(i) whether the defendant has been placed on probation and the length 32
and terms thereof; and (ii) whether the defendant has been 33
incarcerated and the length of incarceration. 34
(b) A conviction may be removed from a defendant's criminal 35
history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 36
9.95.240, or a similar out-of-state statute, or if the conviction has 37
been vacated pursuant to a governor's pardon. However, when a 38
defendant is charged with a recidivist offense, "criminal history" 39
includes a vacated prior conviction for the sole purpose of 40
p. 2 HB 1972
establishing that such vacated prior conviction constitutes an 1
element of the present recidivist offense as provided in RCW 2
9.94A.640(4)(b) and 9.96.060(((7))) (8)(c). 3
(c) The determination of a defendant's criminal history is 4
distinct from the determination of an offender score. A prior 5
conviction that was not included in an offender score calculated 6
pursuant to a former version of the sentencing reform act remains 7
part of the defendant's criminal history. 8
(12) "Criminal street gang" means any ongoing organization, 9
association, or group of three or more persons, whether formal or 10
informal, having a common name or common identifying sign or symbol, 11
having as one of its primary activities the commission of criminal 12
acts, and whose members or associates individually or collectively 13
engage in or have engaged in a pattern of criminal street gang 14
activity. This definition does not apply to employees engaged in 15
concerted activities for their mutual aid and protection, or to the 16
activities of labor and bona fide nonprofit organizations or their 17
members or agents. 18
(13) "Criminal street gang associate or member" means any person 19
who actively participates in any criminal street gang and who 20
intentionally promotes, furthers, or assists in any criminal act by 21
the criminal street gang. 22
(14) "Criminal street gang-related offense" means any felony or 23
misdemeanor offense, whether in this state or elsewhere, that is 24
committed for the benefit of, at the direction of, or in association 25
with any criminal street gang, or is committed with the intent to 26
promote, further, or assist in any criminal conduct by the gang, or 27
is committed for one or more of the following reasons:28
(a) To gain admission, prestige, or promotion within the gang;29
(b) To increase or maintain the gang's size, membership, 30
prestige, dominance, or control in any geographical area;31
(c) To exact revenge or retribution for the gang or any member of 32
the gang; 33
(d) To obstruct justice, or intimidate or eliminate any witness 34
against the gang or any member of the gang; 35
(e) To directly or indirectly cause any benefit, aggrandizement, 36
gain, profit, or other advantage for the gang, its reputation, 37
influence, or membership; or 38
(f) To provide the gang with any advantage in, or any control or 39
dominance over any criminal market sector, including, but not limited 40
p. 3 HB 1972
to, manufacturing, delivering, or selling any controlled substance 1
(chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen 2
property ( chapter 9A.82 RCW); promoting prostitution ( chapter 9A.88 3
RCW); human trafficking (RCW 9A.40.100); promoting commercial sexual 4
abuse of a minor (RCW 9.68A.101); or promoting pornography ( chapter 5
9.68 RCW). 6
(15) "Day fine" means a fine imposed by the sentencing court that 7
equals the difference between the offender's net daily income and the 8
reasonable obligations that the offender has for the support of the 9
offender and any dependents. 10
(16) "Day reporting" means a program of enhanced supervision 11
designed to monitor the offender's daily activities and compliance 12
with sentence conditions, and in which the offender is required to 13
report daily to a specific location designated by the department or 14
the sentencing court. 15
(17) "Department" means the department of corrections.16
(18) "Determinate sentence" means a sentence that states with 17
exactitude the number of actual years, months, or days of total 18
confinement, of partial confinement, of community custody, the number 19
of actual hours or days of community restitution work, or dollars or 20
terms of a legal financial obligation. The fact that an offender 21
through earned release can reduce the actual period of confinement 22
shall not affect the classification of the sentence as a determinate 23
sentence. 24
(19) "Disposable earnings" means that part of the earnings of an 25
offender remaining after the deduction from those earnings of any 26
amount required by law to be withheld. For the purposes of this 27
definition, "earnings" means compensation paid or payable for 28
personal services, whether denominated as wages, salary, commission, 29
bonuses, or otherwise, and, notwithstanding any other provision of 30
law making the payments exempt from garnishment, attachment, or other 31
process to satisfy a court-ordered legal financial obligation, 32
specifically includes periodic payments pursuant to pension or 33
retirement programs, or insurance policies of any type, but does not 34
include payments made under Title 50 RCW, except as provided in RCW 35
50.40.020 and 50.40.050, or Title 74 RCW. 36
(20)(a) "Domestic violence" has the same meaning as defined in 37
RCW 10.99.020. 38
(b) "Domestic violence" also means: (i) Physical harm, bodily 39
injury, assault, or the infliction of fear of imminent physical harm, 40
p. 4 HB 1972
bodily injury, or assault, sexual assault, or stalking, as defined in 1
RCW 9A.46.110, of one intimate partner by another intimate partner as 2
defined in RCW 10.99.020; or (ii) physical harm, bodily injury, 3
assault, or the infliction of fear of imminent physical harm, bodily 4
injury, or assault, sexual assault, or stalking, as defined in RCW 5
9A.46.110, of one family or household member by another family or 6
household member as defined in RCW 10.99.020. 7
(21) "Drug offender sentencing alternative" is a sentencing 8
option available to persons convicted of a felony offense who are 9
eligible for the option under RCW 9.94A.660. 10
(22) "Drug offense" means: 11
(a) Any felony violation of chapter 69.50 RCW except possession 12
of a controlled substance (RCW 69.50.4013) or forged prescription for 13
a controlled substance (RCW 69.50.403); 14
(b) Any offense defined as a felony under federal law that 15
relates to the possession, manufacture, distribution, or 16
transportation of a controlled substance; or 17
(c) Any out-of-state conviction for an offense that under the 18
laws of this state would be a felony classified as a drug offense 19
under (a) of this subsection. 20
(23) "Earned release" means earned release from confinement as 21
provided in RCW 9.94A.728. 22
(24) "Electronic monitoring" means tracking the location of an 23
individual through the use of technology that is capable of 24
determining or identifying the monitored individual's presence or 25
absence at a particular location including, but not limited to:26
(a) Radio frequency signaling technology, which detects if the 27
monitored individual is or is not at an approved location and 28
notifies the monitoring agency of the time that the monitored 29
individual either leaves the approved location or tampers with or 30
removes the monitoring device; or 31
(b) Active or passive global positioning system technology, which 32
detects the location of the monitored individual and notifies the 33
monitoring agency of the monitored individual's location and which 34
may also include electronic monitoring with victim notification 35
technology that is capable of notifying a victim or protected party, 36
either directly or through a monitoring agency, if the monitored 37
individual enters within the restricted distance of a victim or 38
protected party, or within the restricted distance of a designated 39
location. 40
p. 5 HB 1972
(25) "Escape" means: 1
(a) Sexually violent predator escape (RCW 9A.76.115), escape in 2
the first degree (RCW 9A.76.110), escape in the second degree (RCW 3
9A.76.120), willful failure to return from furlough (RCW 72.66.060), 4
willful failure to return from work release (RCW 72.65.070), or 5
willful failure to be available for supervision by the department 6
while in community custody (RCW 72.09.310); or 7
(b) Any federal or out-of-state conviction for an offense that 8
under the laws of this state would be a felony classified as an 9
escape under (a) of this subsection. 10
(26) "Felony traffic offense" means: 11
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 12
46.61.522), eluding a police officer (RCW 46.61.024), felony hit-and-13
run injury-accident (RCW 46.52.020(4)), felony driving while under 14
the influence of intoxicating liquor or any drug (RCW 46.61.502(6)), 15
or felony physical control of a vehicle while under the influence of 16
intoxicating liquor or any drug (RCW 46.61.504(6)); or17
(b) Any federal or out-of-state conviction for an offense that 18
under the laws of this state would be a felony classified as a felony 19
traffic offense under (a) of this subsection. 20
(27) "Fine" means a specific sum of money ordered by the 21
sentencing court to be paid by the offender to the court over a 22
specific period of time. 23
(28) "First-time offender" means any person who has no prior 24
convictions for a felony and is eligible for the first-time offender 25
waiver under RCW 9.94A.650. 26
(29) "Home detention" is a subset of electronic monitoring and 27
means a program of partial confinement available to offenders wherein 28
the offender is confined in a private residence 24 hours a day, 29
unless an absence from the residence is approved, authorized, or 30
otherwise permitted in the order by the court or other supervising 31
agency that ordered home detention, and the offender is subject to 32
electronic monitoring. 33
(30) "Homelessness" or "homeless" means a condition where an 34
individual lacks a fixed, regular, and adequate nighttime residence 35
and who has a primary nighttime residence that is:36
(a) A supervised, publicly or privately operated shelter designed 37
to provide temporary living accommodations; 38
(b) A public or private place not designed for, or ordinarily 39
used as, a regular sleeping accommodation for human beings; or40
p. 6 HB 1972
(c) A private residence where the individual stays as a transient 1
invitee. 2
(31) "Legal financial obligation" means a sum of money that is 3
ordered by a superior court of the state of Washington for legal 4
financial obligations which may include restitution to the victim, 5
statutorily imposed crime victims' compensation fees as assessed 6
pursuant to RCW 7.68.035, court costs, county or interlocal drug 7
funds, court-appointed attorneys' fees, and costs of defense, fines, 8
and any other financial obligation that is assessed to the offender 9
as a result of a felony conviction. Upon conviction for vehicular 10
assault while under the influence of intoxicating liquor or any drug, 11
RCW 46.61.522(1)(b), or vehicular homicide while under the influence 12
of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal 13
financial obligations may also include payment to a public agency of 14
the expense of an emergency response to the incident resulting in the 15
conviction, subject to RCW 38.52.430. 16
(32) "Most serious offense" means any of the following felonies 17
or a felony attempt to commit any of the following felonies:18
(a) Any felony defined under any law as a class A felony or 19
criminal solicitation of or criminal conspiracy to commit a class A 20
felony; 21
(b) Assault in the second degree; 22
(c) Assault of a child in the second degree; 23
(d) Child molestation in the second degree; 24
(e) Controlled substance homicide; 25
(f) Extortion in the first degree; 26
(g) Incest when committed against a child under age 14;27
(h) Indecent liberties; 28
(i) Kidnapping in the second degree; 29
(j) Leading organized crime; 30
(k) Manslaughter in the first degree; 31
(l) Manslaughter in the second degree; 32
(m) Promoting prostitution in the first degree;33
(n) Rape in the third degree; 34
(o) Sexual exploitation; 35
(p) Vehicular assault, when caused by the operation or driving of 36
a vehicle by a person while under the influence of intoxicating 37
liquor or any drug or by the operation or driving of a vehicle in a 38
reckless manner; 39
p. 7 HB 1972
(q) Vehicular homicide, when proximately caused by the driving of 1
any vehicle by any person while under the influence of intoxicating 2
liquor or any drug as defined by RCW 46.61.502, or by the operation 3
of any vehicle in a reckless manner; 4
(r) Any other class B felony offense with a finding of sexual 5
motivation; 6
(s) Any other felony with a deadly weapon verdict under RCW 7
9.94A.825; 8
(t) Any felony offense in effect at any time prior to December 2, 9
1993, that is comparable to a most serious offense under this 10
subsection, or any federal or out-of-state conviction for an offense 11
that under the laws of this state would be a felony classified as a 12
most serious offense under this subsection; 13
(u)(i) A prior conviction for indecent liberties under RCW 14
9A.44.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. 15
sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), 16
and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 17
9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, 18
until July 1, 1988; 19
(ii) A prior conviction for indecent liberties under RCW 20
9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, 21
if: (A) The crime was committed against a child under the age of 14; 22
or (B) the relationship between the victim and perpetrator is 23
included in the definition of indecent liberties under RCW 24
9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 25
1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 26
1993, through July 27, 1997; 27
(v) Any out-of-state conviction for a felony offense with a 28
finding of sexual motivation if the minimum sentence imposed was 10 29
years or more; provided that the out-of-state felony offense must be 30
comparable to a felony offense under this title and Title 9A RCW and 31
the out-of-state definition of sexual motivation must be comparable 32
to the definition of sexual motivation contained in this section.33
(33) "Nonviolent offense" means an offense which is not a violent 34
offense. 35
(34) "Offender" means a person who has committed a felony 36
established by state law and is 18 years of age or older or is less 37
than 18 years of age but whose case is under superior court 38
jurisdiction under RCW 13.04.030 or has been transferred by the 39
appropriate juvenile court to a criminal court pursuant to RCW 40
p. 8 HB 1972
13.40.110. In addition, for the purpose of community custody 1
requirements under this chapter, "offender" also means a misdemeanant 2
or gross misdemeanant probationer ordered by a superior court to 3
probation pursuant to RCW 9.92.060, 9.95.204, or 9.95.210 and 4
supervised by the department pursuant to RCW 9.94A.501 and 5
9.94A.5011. Throughout this chapter, the terms "offender" and 6
"defendant" are used interchangeably. 7
(35) "Partial confinement" means confinement for no more than one 8
year in a facility or institution operated or utilized under contract 9
by the state or any other unit of government, or, if home detention, 10
electronic monitoring, or work crew has been ordered by the court or 11
home detention has been ordered by the department as part of the 12
parenting program or the graduated reentry program, in an approved 13
residence, for a substantial portion of each day with the balance of 14
the day spent in the community. Partial confinement includes work 15
release, home detention, work crew, electronic monitoring, and a 16
combination of work crew, electronic monitoring, and home detention.17
(36) "Pattern of criminal street gang activity" means:18
(a) The commission, attempt, conspiracy, or solicitation of, or 19
any prior juvenile adjudication of or adult conviction of, two or 20
more of the following criminal street gang-related offenses:21
(i) Any "serious violent" felony offense as defined in this 22
section, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of a 23
Child 1 (RCW 9A.36.120); 24
(ii) Any "violent" offense as defined by this section, excluding 25
Assault of a Child 2 (RCW 9A.36.130); 26
(iii) Deliver or Possession with Intent to Deliver a Controlled 27
Substance (chapter 69.50 RCW); 28
(iv) Any violation of the firearms and dangerous weapon act 29
(chapter 9.41 RCW); 30
(v) Theft of a Firearm (RCW 9A.56.300); 31
(vi) Possession of a Stolen Firearm (RCW 9A.56.310);32
(vii) Hate Crime (RCW 9A.36.080); 33
(viii) Harassment where a subsequent violation or deadly threat 34
is made (RCW 9A.46.020(2)(b)); 35
(ix) Criminal Gang Intimidation (RCW 9A.46.120);36
(x) Any felony conviction by a person 18 years of age or older 37
with a special finding of involving a juvenile in a felony offense 38
under RCW 9.94A.833; 39
(xi) Residential Burglary (RCW 9A.52.025); 40
p. 9 HB 1972
(xii) Burglary 2 (RCW 9A.52.030); 1
(xiii) Malicious Mischief 1 (RCW 9A.48.070); 2
(xiv) Malicious Mischief 2 (RCW 9A.48.080); 3
(xv) Theft of a Motor Vehicle (RCW 9A.56.065); 4
(xvi) Possession of a Stolen Motor Vehicle (RCW 9A.56.068);5
(xvii) Taking a Motor Vehicle Without Permission 1 (RCW 6
9A.56.070); 7
(xviii) Taking a Motor Vehicle Without Permission 2 (RCW 8
9A.56.075); 9
(xix) Extortion 1 (RCW 9A.56.120); 10
(xx) Extortion 2 (RCW 9A.56.130); 11
(xxi) Intimidating a Witness (RCW 9A.72.110); 12
(xxii) Tampering with a Witness (RCW 9A.72.120);13
(xxiii) Reckless Endangerment (RCW 9A.36.050);14
(xxiv) Coercion (RCW 9A.36.070); 15
(xxv) Harassment (RCW 9A.46.020); or 16
(xxvi) Malicious Mischief 3 (RCW 9A.48.090); 17
(b) That at least one of the offenses listed in (a) of this 18
subsection shall have occurred after July 1, 2008;19
(c) That the most recent committed offense listed in (a) of this 20
subsection occurred within three years of a prior offense listed in 21
(a) of this subsection; and 22
(d) Of the offenses that were committed in (a) of this 23
subsection, the offenses occurred on separate occasions or were 24
committed by two or more persons. 25
(37) "Persistent offender" is an offender who:26
(a)(i) Has been convicted in this state of any felony considered 27
a most serious offense; and 28
(ii) Has, before the commission of the offense under (a) of this 29
subsection, been convicted as an offender on at least two separate 30
occasions, whether in this state or elsewhere, of felonies that under 31
the laws of this state would be considered most serious offenses and 32
would be included in the offender score under RCW 9.94A.525; provided 33
that of the two or more previous convictions, at least one conviction 34
must have occurred before the commission of any of the other most 35
serious offenses for which the offender was previously convicted; or36
(b)(i) Has been convicted of: (A) Rape in the first degree, rape 37
of a child in the first degree, child molestation in the first 38
degree, rape in the second degree, rape of a child in the second 39
degree, or indecent liberties by forcible compulsion; (B) any of the 40
p. 10 HB 1972
following offenses with a finding of sexual motivation: Murder in the 1
first degree, murder in the second degree, homicide by abuse, 2
kidnapping in the first degree, kidnapping in the second degree, 3
assault in the first degree, assault in the second degree, assault of 4
a child in the first degree, assault of a child in the second degree, 5
or burglary in the first degree; or (C) an attempt to commit any 6
crime listed in this subsection (37)(b)(i); and 7
(ii) Has, before the commission of the offense under (b)(i) of 8
this subsection, been convicted as an offender on at least one 9
occasion, whether in this state or elsewhere, of an offense listed in 10
(b)(i) of this subsection or any federal or out-of-state offense or 11
offense under prior Washington law that is comparable to the offenses 12
listed in (b)(i) of this subsection. A conviction for rape of a child 13
in the first degree constitutes a conviction under (b)(i) of this 14
subsection only when the offender was 16 years of age or older when 15
the offender committed the offense. A conviction for rape of a child 16
in the second degree constitutes a conviction under (b)(i) of this 17
subsection only when the offender was 18 years of age or older when 18
the offender committed the offense. 19
(38) "Predatory" means: (a) The perpetrator of the crime was a 20
stranger to the victim, as defined in this section; (b) the 21
perpetrator established or promoted a relationship with the victim 22
prior to the offense and the victimization of the victim was a 23
significant reason the perpetrator established or promoted the 24
relationship; or (c) the perpetrator was: (i) A teacher, counselor, 25
volunteer, or other person in authority in any public or private 26
school and the victim was a student of the school under his or her 27
authority or supervision. For purposes of this subsection, "school" 28
does not include home-based instruction as defined in RCW 29
28A.225.010; (ii) a coach, trainer, volunteer, or other person in 30
authority in any recreational activity and the victim was a 31
participant in the activity under his or her authority or 32
supervision; (iii) a pastor, elder, volunteer, or other person in 33
authority in any church or religious organization, and the victim was 34
a member or participant of the organization under his or her 35
authority; or (iv) a teacher, counselor, volunteer, or other person 36
in authority providing home-based instruction and the victim was a 37
student receiving home-based instruction while under his or her 38
authority or supervision. For purposes of this subsection: (A) "Home-39
based instruction" has the same meaning as defined in RCW 40
p. 11 HB 1972
28A.225.010; and (B) "teacher, counselor, volunteer, or other person 1
in authority" does not include the parent or legal guardian of the 2
victim. 3
(39) "Private school" means a school regulated under chapter 4
28A.195 or 28A.205 RCW. 5
(40) "Public school" has the same meaning as in RCW 28A.150.010.6
(41) "Recidivist offense" means a felony offense where a prior 7
conviction of the same offense or other specified offense is an 8
element of the crime including, but not limited to:9
(a) Assault in the fourth degree where domestic violence is 10
pleaded and proven, RCW 9A.36.041(3); 11
(b) Cyber harassment, RCW 9A.90.120(2)(b)(i); 12
(c) Harassment, RCW 9A.46.020(2)(b)(i); 13
(d) Indecent exposure, RCW 9A.88.010(2)(c); 14
(e) Stalking, RCW 9A.46.110(5)(b) (i) and (iii);15
(f) Telephone harassment, RCW 9.61.230(2)(a); and16
(g) Violation of a no-contact or protection order, RCW 7.105.450 17
or former RCW 26.50.110(5). 18
(42) "Repetitive domestic violence offense" means any:19
(a)(i) Domestic violence assault that is not a felony offense 20
under RCW 9A.36.041; 21
(ii) Domestic violence violation of a no-contact order under 22
chapter 10.99 RCW that is not a felony offense; 23
(iii) Domestic violence violation of a protection order under 24
chapter 26.09, 26.26A, or 26.26B RCW or former chapter 26.50 RCW, or 25
violation of a domestic violence protection order under chapter 7.105 26
RCW, that is not a felony offense; 27
(iv) Domestic violence harassment offense under RCW 9A.46.020 28
that is not a felony offense; or 29
(v) Domestic violence stalking offense under RCW 9A.46.110 that 30
is not a felony offense; or 31
(b) Any federal, out-of-state, tribal court, military, county, or 32
municipal conviction for an offense that under the laws of this state 33
would be classified as a repetitive domestic violence offense under 34
(a) of this subsection. 35
(43) "Restitution" means a specific sum of money ordered by the 36
sentencing court to be paid by the offender to the court over a 37
specified period of time as payment of damages. The sum may include 38
both public and private costs. 39
p. 12 HB 1972
(44) "Risk assessment" means the application of the risk 1
instrument recommended to the department by the Washington state 2
institute for public policy as having the highest degree of 3
predictive accuracy for assessing an offender's risk of reoffense.4
(45) "Serious traffic offense" means: 5
(a) Nonfelony driving while under the influence of intoxicating 6
liquor or any drug (RCW 46.61.502), nonfelony actual physical control 7
while under the influence of intoxicating liquor or any drug (RCW 8
46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an 9
attended vehicle (RCW 46.52.020(5)); or 10
(b) Any federal, out-of-state, county, or municipal conviction 11
for an offense that under the laws of this state would be classified 12
as a serious traffic offense under (a) of this subsection.13
(46) "Serious violent offense" is a subcategory of violent 14
offense and means: 15
(a)(i) Murder in the first degree; 16
(ii) Homicide by abuse; 17
(iii) Murder in the second degree; 18
(iv) Manslaughter in the first degree; 19
(v) Assault in the first degree; 20
(vi) Kidnapping in the first degree; 21
(vii) Rape in the first degree; 22
(viii) Assault of a child in the first degree; or23
(ix) An attempt, criminal solicitation, or criminal conspiracy to 24
commit one of these felonies; or 25
(b) Any federal or out-of-state conviction for an offense that 26
under the laws of this state would be a felony classified as a 27
serious violent offense under (a) of this subsection.28
(47) "Sex offense" means: 29
(a)(i) A felony that is a violation of chapter 9A.44 RCW other 30
than RCW 9A.44.132; 31
(ii) A violation of RCW 9A.64.020; 32
(iii) A felony that is a violation of chapter 9.68A RCW other 33
than RCW 9.68A.080; 34
(iv) A felony that is, under chapter 9A.28 RCW, a criminal 35
attempt, criminal solicitation, or criminal conspiracy to commit such 36
crimes; or 37
(v) A felony violation of RCW 9A.44.132(1) (failure to register 38
as a sex offender) if the person has been convicted of violating RCW 39
p. 13 HB 1972
9A.44.132(1) (failure to register as a sex offender) or 9A.44.130 1
prior to June 10, 2010, on at least one prior occasion;2
(b) Any conviction for a felony offense in effect at any time 3
prior to July 1, 1976, that is comparable to a felony classified as a 4
sex offense in (a) of this subsection; 5
(c) A felony with a finding of sexual motivation under RCW 6
9.94A.835 or 13.40.135; or 7
(d) Any federal or out-of-state conviction for an offense that 8
under the laws of this state would be a felony classified as a sex 9
offense under (a) of this subsection. 10
(48) "Sexual motivation" means that one of the purposes for which 11
the defendant committed the crime was for the purpose of his or her 12
sexual gratification. 13
(49) "Standard sentence range" means the sentencing court's 14
discretionary range in imposing a nonappealable sentence.15
(50) "Statutory maximum sentence" means the maximum length of 16
time for which an offender may be confined as punishment for a crime 17
as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute 18
defining the crime, or other statute defining the maximum penalty for 19
a crime. 20
(51) "Stranger" means that the victim did not know the offender 21
24 hours before the offense. 22
(52) "Total confinement" means confinement inside the physical 23
boundaries of a facility or institution operated or utilized under 24
contract by the state or any other unit of government for 24 hours a 25
day, or pursuant to RCW 72.64.050 and 72.64.060. 26
(53) "Transition training" means written and verbal instructions 27
and assistance provided by the department to the offender during the 28
two weeks prior to the offender's successful completion of the work 29
ethic camp program. The transition training shall include 30
instructions in the offender's requirements and obligations during 31
the offender's period of community custody. 32
(54) "Victim" means any person who has sustained emotional, 33
psychological, physical, or financial injury to person or property as 34
a direct result of the crime charged. 35
(55) "Victim of domestic violence" means an intimate partner or 36
household member who has been subjected to the infliction of physical 37
harm or sexual and psychological abuse by an intimate partner or 38
household member as part of a pattern of assaultive, coercive, and 39
controlling behaviors directed at achieving compliance from or 40
p. 14 HB 1972
control over that intimate partner or household member. Domestic 1
violence includes, but is not limited to, the offenses listed in RCW 2
10.99.020 and 26.50.010 committed by an intimate partner or household 3
member against a victim who is an intimate partner or household 4
member. 5
(56) "Victim of sex trafficking, prostitution, or commercial 6
sexual abuse of a minor" means a person who has been forced or 7
coerced to perform a commercial sex act including, but not limited 8
to, being a victim of offenses defined in RCW 9A.40.100, 9A.88.070, 9
9.68A.101, and the trafficking victims protection act of 2000, 22 10
U.S.C. Sec. 7101 et seq.; or a person who was induced to perform a 11
commercial sex act when they were less than 18 years of age including 12
but not limited to the offenses defined in chapter 9.68A RCW.13
(57) "Victim of sexual assault" means any person who is a victim 14
of a sexual assault offense, nonconsensual sexual conduct, or 15
nonconsensual sexual penetration and as a result suffers physical, 16
emotional, financial, or psychological impacts. Sexual assault 17
offenses include, but are not limited to, the offenses defined in 18
chapter 9A.44 RCW. 19
(58) "Violent offense" means: 20
(a) Any of the following felonies: 21
(i) Any felony defined under any law as a class A felony or an 22
attempt to commit a class A felony; 23
(ii) Criminal solicitation of or criminal conspiracy to commit a 24
class A felony; 25
(iii) Manslaughter in the first degree; 26
(iv) Manslaughter in the second degree; 27
(v) Indecent liberties if committed by forcible compulsion;28
(vi) Kidnapping in the second degree; 29
(vii) Arson in the second degree; 30
(viii) Assault in the second degree; 31
(ix) Assault of a child in the second degree; 32
(x) Extortion in the first degree; 33
(xi) Robbery in the second degree; 34
(xii) Drive-by shooting; 35
(xiii) Vehicular assault, when caused by the operation or driving 36
of a vehicle by a person while under the influence of intoxicating 37
liquor or any drug or by the operation or driving of a vehicle in a 38
reckless manner; ((and))39
p. 15 HB 1972
(xiv) Vehicular homicide, when proximately caused by the driving 1
of any vehicle by any person while under the influence of 2
intoxicating liquor or any drug as defined by RCW 46.61.502, or by 3
the operation of any vehicle in a reckless manner; and4
(xv) Unlawful manufacture, delivery, or possession with intent to 5
manufacture or deliver opiates or similar drugs or substances 6
classified in schedule II, heroin, a controlled substance classified 7
in schedule I, a counterfeit substance classified in schedule II, or 8
a counterfeit substance which is heroin;9
(b) Any conviction for a felony offense in effect at any time 10
prior to July 1, 1976, that is comparable to a felony classified as a 11
violent offense in (a) of this subsection; and 12
(c) Any federal or out-of-state conviction for an offense that 13
under the laws of this state would be a felony classified as a 14
violent offense under (a) or (b) of this subsection.15
(59) "Work crew" means a program of partial confinement 16
consisting of civic improvement tasks for the benefit of the 17
community that complies with RCW 9.94A.725. 18
(60) "Work ethic camp" means an alternative incarceration program 19
as provided in RCW 9.94A.690 designed to reduce recidivism and lower 20
the cost of corrections by requiring offenders to complete a 21
comprehensive array of real-world job and vocational experiences, 22
character-building work ethics training, life management skills 23
development, substance abuse rehabilitation, counseling, literacy 24
training, and basic adult education. 25
(61) "Work release" means a program of partial confinement 26
available to offenders who are employed or engaged as a student in a 27
regular course of study at school. 28
Sec. 2. RCW 9.94A.030 and 2024 c 306 s 2 are each amended to 29
read as follows: 30
Unless the context clearly requires otherwise, the definitions in 31
this section apply throughout this chapter. 32
(1) "Board" means the indeterminate sentence review board created 33
under chapter 9.95 RCW. 34
(2) "Collect," or any derivative thereof, "collect and remit," or 35
"collect and deliver," when used with reference to the department, 36
means that the department, either directly or through a collection 37
agreement authorized by RCW 9.94A.760, is responsible for monitoring 38
and enforcing the offender's sentence with regard to the legal 39
p. 16 HB 1972
financial obligation, receiving payment thereof from the offender, 1
and, consistent with current law, delivering daily the entire payment 2
to the superior court clerk without depositing it in a departmental 3
account. 4
(3) "Commission" means the sentencing guidelines commission.5
(4) "Community corrections officer" means an employee of the 6
department who is responsible for carrying out specific duties in 7
supervision of sentenced offenders and monitoring of sentence 8
conditions. 9
(5) "Community custody" means that portion of an offender's 10
sentence of confinement in lieu of earned release time or imposed as 11
part of a sentence under this chapter and served in the community 12
subject to controls placed on the offender's movement and activities 13
by the department. 14
(6) "Community protection zone" means the area within 880 feet of 15
the facilities and grounds of a public or private school.16
(7) "Community restitution" means compulsory service, without 17
compensation, performed for the benefit of the community by the 18
offender. 19
(8) "Confinement" means total or partial confinement.20
(9) "Conviction" means an adjudication of guilt pursuant to Title 21
10 or 13 RCW and includes a verdict of guilty, a finding of guilty, 22
and acceptance of a plea of guilty. 23
(10) "Crime-related prohibition" means an order of a court 24
prohibiting conduct that directly relates to the circumstances of the 25
crime for which the offender has been convicted, and shall not be 26
construed to mean orders directing an offender affirmatively to 27
participate in rehabilitative programs or to otherwise perform 28
affirmative conduct. However, affirmative acts necessary to monitor 29
compliance with the order of a court may be required by the 30
department. 31
(11) "Criminal history" means the list of a defendant's prior 32
convictions and juvenile adjudications, whether in this state, in 33
federal court, or elsewhere, and any issued certificates of 34
restoration of opportunity pursuant to RCW 9.97.020.35
(a) The history shall include, where known, for each conviction 36
(i) whether the defendant has been placed on probation and the length 37
and terms thereof; and (ii) whether the defendant has been 38
incarcerated and the length of incarceration. 39
p. 17 HB 1972
(b) A conviction may be removed from a defendant's criminal 1
history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 2
9.95.240, or a similar out-of-state statute, or if the conviction has 3
been vacated pursuant to a governor's pardon. However, when a 4
defendant is charged with a recidivist offense, "criminal history" 5
includes a vacated prior conviction for the sole purpose of 6
establishing that such vacated prior conviction constitutes an 7
element of the present recidivist offense as provided in RCW 8
9.94A.640(4)(b) and 9.96.060(((7))) (8)(c). 9
(c) The determination of a defendant's criminal history is 10
distinct from the determination of an offender score. A prior 11
conviction that was not included in an offender score calculated 12
pursuant to a former version of the sentencing reform act remains 13
part of the defendant's criminal history. 14
(12) "Criminal street gang" means any ongoing organization, 15
association, or group of three or more persons, whether formal or 16
informal, having a common name or common identifying sign or symbol, 17
having as one of its primary activities the commission of criminal 18
acts, and whose members or associates individually or collectively 19
engage in or have engaged in a pattern of criminal street gang 20
activity. This definition does not apply to employees engaged in 21
concerted activities for their mutual aid and protection, or to the 22
activities of labor and bona fide nonprofit organizations or their 23
members or agents. 24
(13) "Criminal street gang associate or member" means any person 25
who actively participates in any criminal street gang and who 26
intentionally promotes, furthers, or assists in any criminal act by 27
the criminal street gang. 28
(14) "Criminal street gang-related offense" means any felony or 29
misdemeanor offense, whether in this state or elsewhere, that is 30
committed for the benefit of, at the direction of, or in association 31
with any criminal street gang, or is committed with the intent to 32
promote, further, or assist in any criminal conduct by the gang, or 33
is committed for one or more of the following reasons:34
(a) To gain admission, prestige, or promotion within the gang;35
(b) To increase or maintain the gang's size, membership, 36
prestige, dominance, or control in any geographical area;37
(c) To exact revenge or retribution for the gang or any member of 38
the gang; 39
p. 18 HB 1972
(d) To obstruct justice, or intimidate or eliminate any witness 1
against the gang or any member of the gang; 2
(e) To directly or indirectly cause any benefit, aggrandizement, 3
gain, profit, or other advantage for the gang, its reputation, 4
influence, or membership; or 5
(f) To provide the gang with any advantage in, or any control or 6
dominance over any criminal market sector, including, but not limited 7
to, manufacturing, delivering, or selling any controlled substance 8
(chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen 9
property ( chapter 9A.82 RCW); promoting prostitution ( chapter 9A.88 10
RCW); human trafficking (RCW 9A.40.100); promoting commercial sexual 11
abuse of a minor (RCW 9.68A.101); or promoting pornography ( chapter 12
9.68 RCW). 13
(15) "Day fine" means a fine imposed by the sentencing court that 14
equals the difference between the offender's net daily income and the 15
reasonable obligations that the offender has for the support of the 16
offender and any dependents. 17
(16) "Day reporting" means a program of enhanced supervision 18
designed to monitor the offender's daily activities and compliance 19
with sentence conditions, and in which the offender is required to 20
report daily to a specific location designated by the department or 21
the sentencing court. 22
(17) "Department" means the department of corrections.23
(18) "Determinate sentence" means a sentence that states with 24
exactitude the number of actual years, months, or days of total 25
confinement, of partial confinement, of community custody, the number 26
of actual hours or days of community restitution work, or dollars or 27
terms of a legal financial obligation. The fact that an offender 28
through earned release can reduce the actual period of confinement 29
shall not affect the classification of the sentence as a determinate 30
sentence. 31
(19) "Disposable earnings" means that part of the earnings of an 32
offender remaining after the deduction from those earnings of any 33
amount required by law to be withheld. For the purposes of this 34
definition, "earnings" means compensation paid or payable for 35
personal services, whether denominated as wages, salary, commission, 36
bonuses, or otherwise, and, notwithstanding any other provision of 37
law making the payments exempt from garnishment, attachment, or other 38
process to satisfy a court-ordered legal financial obligation, 39
specifically includes periodic payments pursuant to pension or 40
p. 19 HB 1972
retirement programs, or insurance policies of any type, but does not 1
include payments made under Title 50 RCW, except as provided in RCW 2
50.40.020 and 50.40.050, or Title 74 RCW. 3
(20)(a) "Domestic violence" has the same meaning as defined in 4
RCW 10.99.020. 5
(b) "Domestic violence" also means: (i) Physical harm, bodily 6
injury, assault, or the infliction of fear of imminent physical harm, 7
bodily injury, or assault, sexual assault, or stalking, as defined in 8
RCW 9A.46.110, of one intimate partner by another intimate partner as 9
defined in RCW 10.99.020; or (ii) physical harm, bodily injury, 10
assault, or the infliction of fear of imminent physical harm, bodily 11
injury, or assault, sexual assault, or stalking, as defined in RCW 12
9A.46.110, of one family or household member by another family or 13
household member as defined in RCW 10.99.020. 14
(21) "Drug offender sentencing alternative" is a sentencing 15
option available to persons convicted of a felony offense who are 16
eligible for the option under RCW 9.94A.660. 17
(22) "Drug offender sentencing alternative for driving under the 18
influence" is a sentencing option available to persons convicted of 19
felony driving while under the influence of intoxicating liquor or 20
any drug under RCW 46.61.502(6), or felony physical control of a 21
vehicle while under the influence of intoxicating liquor or any drug 22
under RCW 46.61.504(6) who are eligible under RCW 9.94A.661.23
(23) "Drug offense" means: 24
(a) Any felony violation of chapter 69.50 RCW except possession 25
of a controlled substance (RCW 69.50.4013) or forged prescription for 26
a controlled substance (RCW 69.50.403); 27
(b) Any offense defined as a felony under federal law that 28
relates to the possession, manufacture, distribution, or 29
transportation of a controlled substance; or 30
(c) Any out-of-state conviction for an offense that under the 31
laws of this state would be a felony classified as a drug offense 32
under (a) of this subsection. 33
(24) "Earned release" means earned release from confinement as 34
provided in RCW 9.94A.728. 35
(25) "Electronic monitoring" means tracking the location of an 36
individual through the use of technology that is capable of 37
determining or identifying the monitored individual's presence or 38
absence at a particular location including, but not limited to:39
p. 20 HB 1972
(a) Radio frequency signaling technology, which detects if the 1
monitored individual is or is not at an approved location and 2
notifies the monitoring agency of the time that the monitored 3
individual either leaves the approved location or tampers with or 4
removes the monitoring device; or 5
(b) Active or passive global positioning system technology, which 6
detects the location of the monitored individual and notifies the 7
monitoring agency of the monitored individual's location and which 8
may also include electronic monitoring with victim notification 9
technology that is capable of notifying a victim or protected party, 10
either directly or through a monitoring agency, if the monitored 11
individual enters within the restricted distance of a victim or 12
protected party, or within the restricted distance of a designated 13
location. 14
(26) "Escape" means: 15
(a) Sexually violent predator escape (RCW 9A.76.115), escape in 16
the first degree (RCW 9A.76.110), escape in the second degree (RCW 17
9A.76.120), willful failure to return from furlough (RCW 72.66.060), 18
willful failure to return from work release (RCW 72.65.070), or 19
willful failure to be available for supervision by the department 20
while in community custody (RCW 72.09.310); or 21
(b) Any federal or out-of-state conviction for an offense that 22
under the laws of this state would be a felony classified as an 23
escape under (a) of this subsection. 24
(27) "Felony traffic offense" means: 25
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 26
46.61.522), eluding a police officer (RCW 46.61.024), felony hit-and-27
run injury-accident (RCW 46.52.020(4)), felony driving while under 28
the influence of intoxicating liquor or any drug (RCW 46.61.502(6)), 29
or felony physical control of a vehicle while under the influence of 30
intoxicating liquor or any drug (RCW 46.61.504(6)); or31
(b) Any federal or out-of-state conviction for an offense that 32
under the laws of this state would be a felony classified as a felony 33
traffic offense under (a) of this subsection. 34
(28) "Fine" means a specific sum of money ordered by the 35
sentencing court to be paid by the offender to the court over a 36
specific period of time. 37
(29) "First-time offender" means any person who has no prior 38
convictions for a felony and is eligible for the first-time offender 39
waiver under RCW 9.94A.650. 40
p. 21 HB 1972
(30) "Home detention" is a subset of electronic monitoring and 1
means a program of partial confinement available to offenders wherein 2
the offender is confined in a private residence 24 hours a day, 3
unless an absence from the residence is approved, authorized, or 4
otherwise permitted in the order by the court or other supervising 5
agency that ordered home detention, and the offender is subject to 6
electronic monitoring. 7
(31) "Homelessness" or "homeless" means a condition where an 8
individual lacks a fixed, regular, and adequate nighttime residence 9
and who has a primary nighttime residence that is:10
(a) A supervised, publicly or privately operated shelter designed 11
to provide temporary living accommodations; 12
(b) A public or private place not designed for, or ordinarily 13
used as, a regular sleeping accommodation for human beings; or14
(c) A private residence where the individual stays as a transient 15
invitee. 16
(32) "Legal financial obligation" means a sum of money that is 17
ordered by a superior court of the state of Washington for legal 18
financial obligations which may include restitution to the victim, 19
statutorily imposed crime victims' compensation fees as assessed 20
pursuant to RCW 7.68.035, court costs, county or interlocal drug 21
funds, court-appointed attorneys' fees, and costs of defense, fines, 22
and any other financial obligation that is assessed to the offender 23
as a result of a felony conviction. Upon conviction for vehicular 24
assault while under the influence of intoxicating liquor or any drug, 25
RCW 46.61.522(1)(b), or vehicular homicide while under the influence 26
of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal 27
financial obligations may also include payment to a public agency of 28
the expense of an emergency response to the incident resulting in the 29
conviction, subject to RCW 38.52.430. 30
(33) "Most serious offense" means any of the following felonies 31
or a felony attempt to commit any of the following felonies:32
(a) Any felony defined under any law as a class A felony or 33
criminal solicitation of or criminal conspiracy to commit a class A 34
felony; 35
(b) Assault in the second degree; 36
(c) Assault of a child in the second degree; 37
(d) Child molestation in the second degree; 38
(e) Controlled substance homicide; 39
(f) Extortion in the first degree; 40
p. 22 HB 1972
(g) Incest when committed against a child under age 14;1
(h) Indecent liberties; 2
(i) Kidnapping in the second degree; 3
(j) Leading organized crime; 4
(k) Manslaughter in the first degree; 5
(l) Manslaughter in the second degree; 6
(m) Promoting prostitution in the first degree;7
(n) Rape in the third degree; 8
(o) Sexual exploitation; 9
(p) Vehicular assault, when caused by the operation or driving of 10
a vehicle by a person while under the influence of intoxicating 11
liquor or any drug or by the operation or driving of a vehicle in a 12
reckless manner; 13
(q) Vehicular homicide, when proximately caused by the driving of 14
any vehicle by any person while under the influence of intoxicating 15
liquor or any drug as defined by RCW 46.61.502, or by the operation 16
of any vehicle in a reckless manner; 17
(r) Any other class B felony offense with a finding of sexual 18
motivation; 19
(s) Any other felony with a deadly weapon verdict under RCW 20
9.94A.825; 21
(t) Any felony offense in effect at any time prior to December 2, 22
1993, that is comparable to a most serious offense under this 23
subsection, or any federal or out-of-state conviction for an offense 24
that under the laws of this state would be a felony classified as a 25
most serious offense under this subsection; 26
(u)(i) A prior conviction for indecent liberties under RCW 27
9A.44.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. 28
sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), 29
and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 30
9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, 31
until July 1, 1988; 32
(ii) A prior conviction for indecent liberties under RCW 33
9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, 34
if: (A) The crime was committed against a child under the age of 14; 35
or (B) the relationship between the victim and perpetrator is 36
included in the definition of indecent liberties under RCW 37
9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 38
1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 39
1993, through July 27, 1997; 40
p. 23 HB 1972
(v) Any out-of-state conviction for a felony offense with a 1
finding of sexual motivation if the minimum sentence imposed was 10 2
years or more; provided that the out-of-state felony offense must be 3
comparable to a felony offense under this title and Title 9A RCW and 4
the out-of-state definition of sexual motivation must be comparable 5
to the definition of sexual motivation contained in this section.6
(34) "Nonviolent offense" means an offense which is not a violent 7
offense. 8
(35) "Offender" means a person who has committed a felony 9
established by state law and is 18 years of age or older or is less 10
than 18 years of age but whose case is under superior court 11
jurisdiction under RCW 13.04.030 or has been transferred by the 12
appropriate juvenile court to a criminal court pursuant to RCW 13
13.40.110. In addition, for the purpose of community custody 14
requirements under this chapter, "offender" also means a misdemeanant 15
or gross misdemeanant probationer ordered by a superior court to 16
probation pursuant to RCW 9.92.060, 9.95.204, or 9.95.210 and 17
supervised by the department pursuant to RCW 9.94A.501 and 18
9.94A.5011. Throughout this chapter, the terms "offender" and 19
"defendant" are used interchangeably. 20
(36) "Partial confinement" means confinement for no more than one 21
year in a facility or institution operated or utilized under contract 22
by the state or any other unit of government, or, if home detention, 23
electronic monitoring, or work crew has been ordered by the court or 24
home detention has been ordered by the department as part of the 25
parenting program or the graduated reentry program, in an approved 26
residence, for a substantial portion of each day with the balance of 27
the day spent in the community. Partial confinement includes work 28
release, home detention, work crew, electronic monitoring, and a 29
combination of work crew, electronic monitoring, and home detention.30
(37) "Pattern of criminal street gang activity" means:31
(a) The commission, attempt, conspiracy, or solicitation of, or 32
any prior juvenile adjudication of or adult conviction of, two or 33
more of the following criminal street gang-related offenses:34
(i) Any "serious violent" felony offense as defined in this 35
section, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of a 36
Child 1 (RCW 9A.36.120); 37
(ii) Any "violent" offense as defined by this section, excluding 38
Assault of a Child 2 (RCW 9A.36.130); 39
p. 24 HB 1972
(iii) Deliver or Possession with Intent to Deliver a Controlled 1
Substance (chapter 69.50 RCW); 2
(iv) Any violation of the firearms and dangerous weapon act 3
(chapter 9.41 RCW); 4
(v) Theft of a Firearm (RCW 9A.56.300); 5
(vi) Possession of a Stolen Firearm (RCW 9A.56.310);6
(vii) Hate Crime (RCW 9A.36.080); 7
(viii) Harassment where a subsequent violation or deadly threat 8
is made (RCW 9A.46.020(2)(b)); 9
(ix) Criminal Gang Intimidation (RCW 9A.46.120);10
(x) Any felony conviction by a person 18 years of age or older 11
with a special finding of involving a juvenile in a felony offense 12
under RCW 9.94A.833; 13
(xi) Residential Burglary (RCW 9A.52.025); 14
(xii) Burglary 2 (RCW 9A.52.030); 15
(xiii) Malicious Mischief 1 (RCW 9A.48.070); 16
(xiv) Malicious Mischief 2 (RCW 9A.48.080); 17
(xv) Theft of a Motor Vehicle (RCW 9A.56.065);18
(xvi) Possession of a Stolen Motor Vehicle (RCW 9A.56.068);19
(xvii) Taking a Motor Vehicle Without Permission 1 (RCW 20
9A.56.070); 21
(xviii) Taking a Motor Vehicle Without Permission 2 (RCW 22
9A.56.075); 23
(xix) Extortion 1 (RCW 9A.56.120); 24
(xx) Extortion 2 (RCW 9A.56.130); 25
(xxi) Intimidating a Witness (RCW 9A.72.110); 26
(xxii) Tampering with a Witness (RCW 9A.72.120);27
(xxiii) Reckless Endangerment (RCW 9A.36.050);28
(xxiv) Coercion (RCW 9A.36.070); 29
(xxv) Harassment (RCW 9A.46.020); or 30
(xxvi) Malicious Mischief 3 (RCW 9A.48.090); 31
(b) That at least one of the offenses listed in (a) of this 32
subsection shall have occurred after July 1, 2008;33
(c) That the most recent committed offense listed in (a) of this 34
subsection occurred within three years of a prior offense listed in 35
(a) of this subsection; and 36
(d) Of the offenses that were committed in (a) of this 37
subsection, the offenses occurred on separate occasions or were 38
committed by two or more persons. 39
(38) "Persistent offender" is an offender who:40
p. 25 HB 1972
(a)(i) Has been convicted in this state of any felony considered 1
a most serious offense; and 2
(ii) Has, before the commission of the offense under (a) of this 3
subsection, been convicted as an offender on at least two separate 4
occasions, whether in this state or elsewhere, of felonies that under 5
the laws of this state would be considered most serious offenses and 6
would be included in the offender score under RCW 9.94A.525; provided 7
that of the two or more previous convictions, at least one conviction 8
must have occurred before the commission of any of the other most 9
serious offenses for which the offender was previously convicted; or10
(b)(i) Has been convicted of: (A) Rape in the first degree, rape 11
of a child in the first degree, child molestation in the first 12
degree, rape in the second degree, rape of a child in the second 13
degree, or indecent liberties by forcible compulsion; (B) any of the 14
following offenses with a finding of sexual motivation: Murder in the 15
first degree, murder in the second degree, homicide by abuse, 16
kidnapping in the first degree, kidnapping in the second degree, 17
assault in the first degree, assault in the second degree, assault of 18
a child in the first degree, assault of a child in the second degree, 19
or burglary in the first degree; or (C) an attempt to commit any 20
crime listed in this subsection (38)(b)(i); and 21
(ii) Has, before the commission of the offense under (b)(i) of 22
this subsection, been convicted as an offender on at least one 23
occasion, whether in this state or elsewhere, of an offense listed in 24
(b)(i) of this subsection or any federal or out-of-state offense or 25
offense under prior Washington law that is comparable to the offenses 26
listed in (b)(i) of this subsection. A conviction for rape of a child 27
in the first degree constitutes a conviction under (b)(i) of this 28
subsection only when the offender was 16 years of age or older when 29
the offender committed the offense. A conviction for rape of a child 30
in the second degree constitutes a conviction under (b)(i) of this 31
subsection only when the offender was 18 years of age or older when 32
the offender committed the offense. 33
(39) "Predatory" means: (a) The perpetrator of the crime was a 34
stranger to the victim, as defined in this section; (b) the 35
perpetrator established or promoted a relationship with the victim 36
prior to the offense and the victimization of the victim was a 37
significant reason the perpetrator established or promoted the 38
relationship; or (c) the perpetrator was: (i) A teacher, counselor, 39
volunteer, or other person in authority in any public or private 40
p. 26 HB 1972
school and the victim was a student of the school under his or her 1
authority or supervision. For purposes of this subsection, "school" 2
does not include home-based instruction as defined in RCW 3
28A.225.010; (ii) a coach, trainer, volunteer, or other person in 4
authority in any recreational activity and the victim was a 5
participant in the activity under his or her authority or 6
supervision; (iii) a pastor, elder, volunteer, or other person in 7
authority in any church or religious organization, and the victim was 8
a member or participant of the organization under his or her 9
authority; or (iv) a teacher, counselor, volunteer, or other person 10
in authority providing home-based instruction and the victim was a 11
student receiving home-based instruction while under his or her 12
authority or supervision. For purposes of this subsection: (A) "Home-13
based instruction" has the same meaning as defined in RCW 14
28A.225.010; and (B) "teacher, counselor, volunteer, or other person 15
in authority" does not include the parent or legal guardian of the 16
victim. 17
(40) "Private school" means a school regulated under chapter 18
28A.195 or 28A.205 RCW. 19
(41) "Public school" has the same meaning as in RCW 28A.150.010.20
(42) "Recidivist offense" means a felony offense where a prior 21
conviction of the same offense or other specified offense is an 22
element of the crime including, but not limited to:23
(a) Assault in the fourth degree where domestic violence is 24
pleaded and proven, RCW 9A.36.041(3); 25
(b) Cyber harassment, RCW 9A.90.120(2)(b)(i); 26
(c) Harassment, RCW 9A.46.020(2)(b)(i); 27
(d) Indecent exposure, RCW 9A.88.010(2)(c); 28
(e) Stalking, RCW 9A.46.110(5)(b) (i) and (iii);29
(f) Telephone harassment, RCW 9.61.230(2)(a); and30
(g) Violation of a no-contact or protection order, RCW 7.105.450 31
or former RCW 26.50.110(5). 32
(43) "Repetitive domestic violence offense" means any:33
(a)(i) Domestic violence assault that is not a felony offense 34
under RCW 9A.36.041; 35
(ii) Domestic violence violation of a no-contact order under 36
chapter 10.99 RCW that is not a felony offense; 37
(iii) Domestic violence violation of a protection order under 38
chapter 26.09, 26.26A, or 26.26B RCW or former chapter 26.50 RCW, or 39
p. 27 HB 1972
violation of a domestic violence protection order under chapter 7.105 1
RCW, that is not a felony offense; 2
(iv) Domestic violence harassment offense under RCW 9A.46.020 3
that is not a felony offense; or 4
(v) Domestic violence stalking offense under RCW 9A.46.110 that 5
is not a felony offense; or 6
(b) Any federal, out-of-state, tribal court, military, county, or 7
municipal conviction for an offense that under the laws of this state 8
would be classified as a repetitive domestic violence offense under 9
(a) of this subsection. 10
(44) "Restitution" means a specific sum of money ordered by the 11
sentencing court to be paid by the offender to the court over a 12
specified period of time as payment of damages. The sum may include 13
both public and private costs. 14
(45) "Risk assessment" means the application of the risk 15
instrument recommended to the department by the Washington state 16
institute for public policy as having the highest degree of 17
predictive accuracy for assessing an offender's risk of reoffense.18
(46) "Serious traffic offense" means: 19
(a)(i) Nonfelony driving while under the influence of 20
intoxicating liquor or any drug (RCW 46.61.502); 21
(ii) Nonfelony actual physical control while under the influence 22
of intoxicating liquor or any drug (RCW 46.61.504);23
(iii) Reckless driving (RCW 46.61.500); 24
(iv) Negligent driving if the conviction is the result of a 25
charge that was originally filed as a violation of RCW 46.61.502 or 26
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 27
46.61.522 while under the influence of intoxicating liquor or any 28
drug (RCW 46.61.5249); 29
(v) Reckless endangerment if the conviction is the result of a 30
charge that was originally filed as a violation of RCW 46.61.502 or 31
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 32
46.61.522 while under the influence of intoxicating liquor or any 33
drug (RCW 9A.36.050); or 34
(vi) Hit-and-run an attended vehicle (RCW 46.52.020(5)); or35
(b) Any federal, out-of-state, county, or municipal conviction 36
for an offense that under the laws of this state would be classified 37
as a serious traffic offense under (a) of this subsection.38
p. 28 HB 1972
(c) This definition applies for the purpose of a personal 1
driver's license only and does not apply to violations related to a 2
commercial motor vehicle under RCW 46.25.090. 3
(47) "Serious violent offense" is a subcategory of violent 4
offense and means: 5
(a)(i) Murder in the first degree; 6
(ii) Homicide by abuse; 7
(iii) Murder in the second degree; 8
(iv) Manslaughter in the first degree; 9
(v) Assault in the first degree; 10
(vi) Kidnapping in the first degree; 11
(vii) Rape in the first degree; 12
(viii) Assault of a child in the first degree; or13
(ix) An attempt, criminal solicitation, or criminal conspiracy to 14
commit one of these felonies; or 15
(b) Any federal or out-of-state conviction for an offense that 16
under the laws of this state would be a felony classified as a 17
serious violent offense under (a) of this subsection.18
(48) "Sex offense" means: 19
(a)(i) A felony that is a violation of chapter 9A.44 RCW other 20
than RCW 9A.44.132; 21
(ii) A violation of RCW 9A.64.020; 22
(iii) A felony that is a violation of chapter 9.68A RCW other 23
than RCW 9.68A.080; 24
(iv) A felony that is, under chapter 9A.28 RCW, a criminal 25
attempt, criminal solicitation, or criminal conspiracy to commit such 26
crimes; or 27
(v) A felony violation of RCW 9A.44.132(1) (failure to register 28
as a sex offender) if the person has been convicted of violating RCW 29
9A.44.132(1) (failure to register as a sex offender) or 9A.44.130 30
prior to June 10, 2010, on at least one prior occasion;31
(b) Any conviction for a felony offense in effect at any time 32
prior to July 1, 1976, that is comparable to a felony classified as a 33
sex offense in (a) of this subsection; 34
(c) A felony with a finding of sexual motivation under RCW 35
9.94A.835 or 13.40.135; or 36
(d) Any federal or out-of-state conviction for an offense that 37
under the laws of this state would be a felony classified as a sex 38
offense under (a) of this subsection. 39
p. 29 HB 1972
(49) "Sexual motivation" means that one of the purposes for which 1
the defendant committed the crime was for the purpose of his or her 2
sexual gratification. 3
(50) "Standard sentence range" means the sentencing court's 4
discretionary range in imposing a nonappealable sentence.5
(51) "Statutory maximum sentence" means the maximum length of 6
time for which an offender may be confined as punishment for a crime 7
as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute 8
defining the crime, or other statute defining the maximum penalty for 9
a crime. 10
(52) "Stranger" means that the victim did not know the offender 11
24 hours before the offense. 12
(53) "Total confinement" means confinement inside the physical 13
boundaries of a facility or institution operated or utilized under 14
contract by the state or any other unit of government for 24 hours a 15
day, or pursuant to RCW 72.64.050 and 72.64.060. 16
(54) "Transition training" means written and verbal instructions 17
and assistance provided by the department to the offender during the 18
two weeks prior to the offender's successful completion of the work 19
ethic camp program. The transition training shall include 20
instructions in the offender's requirements and obligations during 21
the offender's period of community custody. 22
(55) "Victim" means any person who has sustained emotional, 23
psychological, physical, or financial injury to person or property as 24
a direct result of the crime charged. 25
(56) "Victim of domestic violence" means an intimate partner or 26
household member who has been subjected to the infliction of physical 27
harm or sexual and psychological abuse by an intimate partner or 28
household member as part of a pattern of assaultive, coercive, and 29
controlling behaviors directed at achieving compliance from or 30
control over that intimate partner or household member. Domestic 31
violence includes, but is not limited to, the offenses listed in RCW 32
10.99.020 and 26.50.010 committed by an intimate partner or household 33
member against a victim who is an intimate partner or household 34
member. 35
(57) "Victim of sex trafficking, prostitution, or commercial 36
sexual abuse of a minor" means a person who has been forced or 37
coerced to perform a commercial sex act including, but not limited 38
to, being a victim of offenses defined in RCW 9A.40.100, 9A.88.070, 39
9.68A.101, and the trafficking victims protection act of 2000, 22 40
p. 30 HB 1972
U.S.C. Sec. 7101 et seq.; or a person who was induced to perform a 1
commercial sex act when they were less than 18 years of age including 2
but not limited to the offenses defined in chapter 9.68A RCW.3
(58) "Victim of sexual assault" means any person who is a victim 4
of a sexual assault offense, nonconsensual sexual conduct, or 5
nonconsensual sexual penetration and as a result suffers physical, 6
emotional, financial, or psychological impacts. Sexual assault 7
offenses include, but are not limited to, the offenses defined in 8
chapter 9A.44 RCW. 9
(59) "Violent offense" means: 10
(a) Any of the following felonies: 11
(i) Any felony defined under any law as a class A felony or an 12
attempt to commit a class A felony; 13
(ii) Criminal solicitation of or criminal conspiracy to commit a 14
class A felony; 15
(iii) Manslaughter in the first degree; 16
(iv) Manslaughter in the second degree; 17
(v) Indecent liberties if committed by forcible compulsion;18
(vi) Kidnapping in the second degree; 19
(vii) Arson in the second degree; 20
(viii) Assault in the second degree; 21
(ix) Assault of a child in the second degree; 22
(x) Extortion in the first degree; 23
(xi) Robbery in the second degree; 24
(xii) Drive-by shooting; 25
(xiii) Vehicular assault, when caused by the operation or driving 26
of a vehicle by a person while under the influence of intoxicating 27
liquor or any drug or by the operation or driving of a vehicle in a 28
reckless manner; ((and))29
(xiv) Vehicular homicide, when proximately caused by the driving 30
of any vehicle by any person while under the influence of 31
intoxicating liquor or any drug as defined by RCW 46.61.502, or by 32
the operation of any vehicle in a reckless manner; and33
(xv) Unlawful manufacture, delivery, or possession with intent to 34
manufacture or deliver opiates or similar drugs or substances 35
classified in schedule II, heroin, a controlled substance classified 36
in schedule I, a counterfeit substance classified in schedule II, or 37
a counterfeit substance which is heroin;38
p. 31 HB 1972
(b) Any conviction for a felony offense in effect at any time 1
prior to July 1, 1976, that is comparable to a felony classified as a 2
violent offense in (a) of this subsection; and 3
(c) Any federal or out-of-state conviction for an offense that 4
under the laws of this state would be a felony classified as a 5
violent offense under (a) or (b) of this subsection.6
(60) "Work crew" means a program of partial confinement 7
consisting of civic improvement tasks for the benefit of the 8
community that complies with RCW 9.94A.725. 9
(61) "Work ethic camp" means an alternative incarceration program 10
as provided in RCW 9.94A.690 designed to reduce recidivism and lower 11
the cost of corrections by requiring offenders to complete a 12
comprehensive array of real-world job and vocational experiences, 13
character-building work ethics training, life management skills 14
development, substance abuse rehabilitation, counseling, literacy 15
training, and basic adult education. 16
(62) "Work release" means a program of partial confinement 17
available to offenders who are employed or engaged as a student in a 18
regular course of study at school. 19
Sec. 3. RCW 10.19.055 and 2012 c 6 s 1 are each amended to read 20
as follows: 21
Bail for the release of a person arrested and detained for a 22
class A or B felony offense , or a violent offense as defined in RCW 23
9.94A.030, must be determined on an individualized basis by a 24
judicial officer. 25
NEW SECTION. Sec. 4. Section 1 of this act expires January 1, 26
2026.27
NEW SECTION. Sec. 5. Section 2 of this act takes effect January 28
1, 2026.29
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p. 32 HB 1972