Felonies/postsecondary inst.

AN ACT Relating to enhanced penalties for felony offenses 1
committed at a postsecondary institution that involve an attempt by 2
the defendant to conceal their identity; amending RCW 9.94A.533; 3
adding a new section to chapter 9.94A RCW; and prescribing penalties.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. A new section is added to chapter 9.94A 6
RCW to read as follows: 7
(1) The prosecuting attorney may file a special allegation of 8
attempting to conceal identity in every felony criminal case, when 9
sufficient admissible evidence exists, to show that the defendant:10
(a) Committed the offense, in whole or in part, on the premises 11
of a postsecondary institution; and 12
(b) Wore a mask, hood, or other article of clothing or device 13
that covered, hid, or concealed any portion of the defendant's face, 14
with the intent to prevent identification during the commission of 15
the offense or in immediate flight therefrom. 16
(2) In a criminal case in which there has been a special 17
allegation, the state shall prove beyond a reasonable doubt that the 18
accused committed the offense under the circumstances described in 19
subsection (1) of this section. The court shall make a finding of 20
fact of whether or not the circumstances described in subsection (1) 21
H-2673.1
HOUSE BILL 2231
State of Washington 69th Legislature 2026 Regular Session
By Representatives Leavitt, Ryu, and Reeves
Prefiled 12/31/25. Read first time 01/12/26. Referred to Committee
on Community Safety.
p. 1 HB 2231
of this section occurred, or if a jury trial is had, the jury shall, 1
if it finds the defendant guilty, also find a special verdict as to 2
whether or not the circumstances described in subsection (1) of this 3
section occurred. 4
(3) For the purposes of this section, "postsecondary institution" 5
means any public or private institution of higher education, public 6
or private vocational school, degree-granting institution as defined 7
in RCW 28B.85.010, or school as defined in RCW 18.16.020, located in 8
the state. 9
Sec. 2. RCW 9.94A.533 and 2024 c 301 s 28 are each amended to 10
read as follows: 11
(1) The provisions of this section apply to the standard sentence 12
ranges determined by RCW 9.94A.510 or 9.94A.517. 13
(2) For persons convicted of the anticipatory offenses of 14
criminal attempt, solicitation, or conspiracy under chapter 9A.28 15
RCW, the standard sentence range is determined by locating the 16
sentencing grid sentence range defined by the appropriate offender 17
score and the seriousness level of the completed crime, and 18
multiplying the range by ((seventy-five)) 75 percent.19
(3) The following additional times shall be added to the standard 20
sentence range for felony crimes committed after July 23, 1995, if 21
the offender or an accomplice was armed with a firearm as defined in 22
RCW 9.41.010 and the offender is being sentenced for one of the 23
crimes listed in this subsection as eligible for any firearm 24
enhancements based on the classification of the completed felony 25
crime. If the offender is being sentenced for more than one offense, 26
the firearm enhancement or enhancements must be added to the total 27
period of confinement for all offenses, regardless of which 28
underlying offense is subject to a firearm enhancement. If the 29
offender or an accomplice was armed with a firearm as defined in RCW 30
9.41.010 and the offender is being sentenced for an anticipatory 31
offense under chapter 9A.28 RCW to commit one of the crimes listed in 32
this subsection as eligible for any firearm enhancements, the 33
following additional times shall be added to the standard sentence 34
range determined under subsection (2) of this section based on the 35
felony crime of conviction as classified under RCW 9A.28.020:36
(a) Five years for any felony defined under any law as a class A 37
felony or with a statutory maximum sentence of at least ((twenty)) 20 38
years, or both, and not covered under (f) of this subsection;39
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(b) Three years for any felony defined under any law as a class B 1
felony or with a statutory maximum sentence of ((ten)) 10 years, or 2
both, and not covered under (f) of this subsection;3
(c) Eighteen months for any felony defined under any law as a 4
class C felony or with a statutory maximum sentence of five years, or 5
both, and not covered under (f) of this subsection;6
(d) If the offender is being sentenced for any firearm 7
enhancements under (a), (b), and/or (c) of this subsection and the 8
offender has previously been sentenced for any deadly weapon 9
enhancements after July 23, 1995, under (a), (b), and/or (c) of this 10
subsection or subsection (4)(a), (b), and/or (c) of this section, or 11
both, all firearm enhancements under this subsection shall be twice 12
the amount of the enhancement listed; 13
(e) Notwithstanding any other provision of law, all firearm 14
enhancements under this section are mandatory, shall be served in 15
total confinement, and shall run consecutively to all other 16
sentencing provisions, including other firearm or deadly weapon 17
enhancements, for all offenses sentenced under this chapter. However, 18
whether or not a mandatory minimum term has expired, an offender 19
serving a sentence under this subsection may be: 20
(i) Granted an extraordinary medical placement when authorized 21
under RCW 9.94A.728(1)(c); or 22
(ii) Released under the provisions of RCW 9.94A.730;23
(f) The firearm enhancements in this section shall apply to all 24
felony crimes except the following: Possession of a machine gun or 25
bump-fire stock, possessing a stolen firearm, drive-by shooting, 26
theft of a firearm, unlawful possession of a firearm in the first and 27
second degree, and use of a machine gun or bump-fire stock in a 28
felony; 29
(g) If the standard sentence range under this section exceeds the 30
statutory maximum sentence for the offense, the statutory maximum 31
sentence shall be the presumptive sentence unless the offender is a 32
persistent offender. If the addition of a firearm enhancement 33
increases the sentence so that it would exceed the statutory maximum 34
for the offense, the portion of the sentence representing the 35
enhancement may not be reduced. 36
(4) The following additional times shall be added to the standard 37
sentence range for felony crimes committed after July 23, 1995, if 38
the offender or an accomplice was armed with a deadly weapon other 39
than a firearm as defined in RCW 9.41.010 and the offender is being 40
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sentenced for one of the crimes listed in this subsection as eligible 1
for any deadly weapon enhancements based on the classification of the 2
completed felony crime. If the offender is being sentenced for more 3
than one offense, the deadly weapon enhancement or enhancements must 4
be added to the total period of confinement for all offenses, 5
regardless of which underlying offense is subject to a deadly weapon 6
enhancement. If the offender or an accomplice was armed with a deadly 7
weapon other than a firearm as defined in RCW 9.41.010 and the 8
offender is being sentenced for an anticipatory offense under chapter 9
9A.28 RCW to commit one of the crimes listed in this subsection as 10
eligible for any deadly weapon enhancements, the following additional 11
times shall be added to the standard sentence range determined under 12
subsection (2) of this section based on the felony crime of 13
conviction as classified under RCW 9A.28.020: 14
(a) Two years for any felony defined under any law as a class A 15
felony or with a statutory maximum sentence of at least ((twenty)) 20 16
years, or both, and not covered under (f) of this subsection;17
(b) One year for any felony defined under any law as a class B 18
felony or with a statutory maximum sentence of ((ten)) 10 years, or 19
both, and not covered under (f) of this subsection;20
(c) Six months for any felony defined under any law as a class C 21
felony or with a statutory maximum sentence of five years, or both, 22
and not covered under (f) of this subsection; 23
(d) If the offender is being sentenced under (a), (b), and/or (c) 24
of this subsection for any deadly weapon enhancements and the 25
offender has previously been sentenced for any deadly weapon 26
enhancements after July 23, 1995, under (a), (b), and/or (c) of this 27
subsection or subsection (3)(a), (b), and/or (c) of this section, or 28
both, all deadly weapon enhancements under this subsection shall be 29
twice the amount of the enhancement listed; 30
(e) Notwithstanding any other provision of law, all deadly weapon 31
enhancements under this section are mandatory, shall be served in 32
total confinement, and shall run consecutively to all other 33
sentencing provisions, including other firearm or deadly weapon 34
enhancements, for all offenses sentenced under this chapter. However, 35
whether or not a mandatory minimum term has expired, an offender 36
serving a sentence under this subsection may be: 37
(i) Granted an extraordinary medical placement when authorized 38
under RCW 9.94A.728(1)(c); or 39
(ii) Released under the provisions of RCW 9.94A.730;40
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(f) The deadly weapon enhancements in this section shall apply to 1
all felony crimes except the following: Possession of a machine gun 2
or bump-fire stock, possessing a stolen firearm, drive-by shooting, 3
theft of a firearm, unlawful possession of a firearm in the first and 4
second degree, and use of a machine gun or bump-fire stock in a 5
felony; 6
(g) If the standard sentence range under this section exceeds the 7
statutory maximum sentence for the offense, the statutory maximum 8
sentence shall be the presumptive sentence unless the offender is a 9
persistent offender. If the addition of a deadly weapon enhancement 10
increases the sentence so that it would exceed the statutory maximum 11
for the offense, the portion of the sentence representing the 12
enhancement may not be reduced. 13
(5) The following additional times shall be added to the standard 14
sentence range if the offender or an accomplice committed the offense 15
while in a county jail or state correctional facility and the 16
offender is being sentenced for one of the crimes listed in this 17
subsection. If the offender or an accomplice committed one of the 18
crimes listed in this subsection while in a county jail or state 19
correctional facility, and the offender is being sentenced for an 20
anticipatory offense under chapter 9A.28 RCW to commit one of the 21
crimes listed in this subsection, the following additional times 22
shall be added to the standard sentence range determined under 23
subsection (2) of this section: 24
(a) Eighteen months for offenses committed under RCW 69.50.401(2) 25
(a) or (b) or 69.50.410; 26
(b) Fifteen months for offenses committed under RCW 69.50.401(2) 27
(c), (d), or (e); 28
(c) Twelve months for offenses committed under RCW 69.50.4013.29
For the purposes of this subsection, all of the real property of 30
a state correctional facility or county jail shall be deemed to be 31
part of that facility or county jail. 32
(6) An additional ((twenty-four)) 24 months shall be added to the 33
standard sentence range for any ranked offense involving a violation 34
of chapter 69.50 RCW if the offense was also a violation of RCW 35
69.50.435 or 9.94A.827. All enhancements under this subsection shall 36
run consecutively to all other sentencing provisions, for all 37
offenses sentenced under this chapter. 38
(7) An additional two years shall be added to the standard 39
sentence range for vehicular homicide committed while under the 40
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influence of intoxicating liquor or any drug as defined by RCW 1
46.61.502 for each prior offense as defined in RCW 46.61.5055.2
Notwithstanding any other provision of law, all impaired driving 3
enhancements under this subsection are mandatory, shall be served in 4
total confinement, and shall run consecutively to all other 5
sentencing provisions, including other impaired driving enhancements, 6
for all offenses sentenced under this chapter. 7
An offender serving a sentence under this subsection may be 8
granted an extraordinary medical placement when authorized under RCW 9
9.94A.728(1)(c). 10
(8)(a) The following additional times shall be added to the 11
standard sentence range for felony crimes committed on or after July 12
1, 2006, if the offense was committed with sexual motivation, as that 13
term is defined in RCW 9.94A.030. If the offender is being sentenced 14
for more than one offense, the sexual motivation enhancement must be 15
added to the total period of total confinement for all offenses, 16
regardless of which underlying offense is subject to a sexual 17
motivation enhancement. If the offender committed the offense with 18
sexual motivation and the offender is being sentenced for an 19
anticipatory offense under chapter 9A.28 RCW, the following 20
additional times shall be added to the standard sentence range 21
determined under subsection (2) of this section based on the felony 22
crime of conviction as classified under RCW 9A.28.020:23
(i) Two years for any felony defined under the law as a class A 24
felony or with a statutory maximum sentence of at least ((twenty)) 20 25
years, or both; 26
(ii) Eighteen months for any felony defined under any law as a 27
class B felony or with a statutory maximum sentence of ((ten)) 10 28
years, or both; 29
(iii) One year for any felony defined under any law as a class C 30
felony or with a statutory maximum sentence of five years, or both;31
(iv) If the offender is being sentenced for any sexual motivation 32
enhancements under (a)(i), (ii), and/or (iii) of this subsection and 33
the offender has previously been sentenced for any sexual motivation 34
enhancements on or after July 1, 2006, under (a)(i), (ii), and/or 35
(iii) of this subsection, all sexual motivation enhancements under 36
this subsection shall be twice the amount of the enhancement listed;37
(b) Notwithstanding any other provision of law, all sexual 38
motivation enhancements under this subsection are mandatory, shall be 39
served in total confinement, and shall run consecutively to all other 40
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sentencing provisions, including other sexual motivation 1
enhancements, for all offenses sentenced under this chapter. However, 2
whether or not a mandatory minimum term has expired, an offender 3
serving a sentence under this subsection may be: 4
(i) Granted an extraordinary medical placement when authorized 5
under RCW 9.94A.728(1)(c); or 6
(ii) Released under the provisions of RCW 9.94A.730;7
(c) The sexual motivation enhancements in this subsection apply 8
to all felony crimes; 9
(d) If the standard sentence range under this subsection exceeds 10
the statutory maximum sentence for the offense, the statutory maximum 11
sentence shall be the presumptive sentence unless the offender is a 12
persistent offender. If the addition of a sexual motivation 13
enhancement increases the sentence so that it would exceed the 14
statutory maximum for the offense, the portion of the sentence 15
representing the enhancement may not be reduced; 16
(e) The portion of the total confinement sentence which the 17
offender must serve under this subsection shall be calculated before 18
any earned early release time is credited to the offender;19
(f) Nothing in this subsection prevents a sentencing court from 20
imposing a sentence outside the standard sentence range pursuant to 21
RCW 9.94A.535. 22
(9) An additional one -year enhancement shall be added to the 23
standard sentence range for the felony crimes of RCW 9A.44.073, 24
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089 committed on 25
or after July 22, 2007, if the offender engaged, agreed, or offered 26
to engage the victim in the sexual conduct in return for a fee. If 27
the offender is being sentenced for more than one offense, the 28
one-year enhancement must be added to the total period of total 29
confinement for all offenses, regardless of which underlying offense 30
is subject to the enhancement. If the offender is being sentenced for 31
an anticipatory offense for the felony crimes of RCW 9A.44.073, 32
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, and the 33
offender attempted, solicited another, or conspired to engage, agree, 34
or offer to engage the victim in the sexual conduct in return for a 35
fee, an additional one -year enhancement shall be added to the 36
standard sentence range determined under subsection (2) of this 37
section. For purposes of this subsection, "sexual conduct" means 38
sexual intercourse or sexual contact, both as defined in chapter 39
9A.44 RCW. 40
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(10)(a) For a person age ((eighteen)) 18 or older convicted of 1
any criminal street gang-related felony offense for which the person 2
compensated, threatened, or solicited a minor in order to involve the 3
minor in the commission of the felony offense, the standard sentence 4
range is determined by locating the sentencing grid sentence range 5
defined by the appropriate offender score and the seriousness level 6
of the completed crime, and multiplying the range by ((one hundred 7
twenty-five)) 125 percent. If the standard sentence range under this 8
subsection exceeds the statutory maximum sentence for the offense, 9
the statutory maximum sentence is the presumptive sentence unless the 10
offender is a persistent offender. 11
(b) This subsection does not apply to any criminal street gang-12
related felony offense for which involving a minor in the commission 13
of the felony offense is an element of the offense.14
(c) The increased penalty specified in (a) of this subsection is 15
unavailable in the event that the prosecution gives notice that it 16
will seek an exceptional sentence based on an aggravating factor 17
under RCW 9.94A.535. 18
(11) An additional ((twelve)) 12 months and one day shall be 19
added to the standard sentence range for a conviction of attempting 20
to elude a police vehicle as defined by RCW 46.61.024, if the 21
conviction included a finding by special allegation of endangering 22
one or more persons under RCW 9.94A.834. 23
(12) An additional ((twelve)) 12 months shall be added to the 24
standard sentence range for an offense that is also a violation of 25
RCW 9.94A.831. 26
(13) An additional ((twelve)) 12 months shall be added to the 27
standard sentence range for vehicular homicide committed while under 28
the influence of intoxicating liquor or any drug as defined by RCW 29
46.61.520 or for vehicular assault committed while under the 30
influence of intoxicating liquor or any drug as defined by RCW 31
46.61.522, or for any felony driving under the influence (RCW 32
46.61.502(6)) or felony physical control under the influence (RCW 33
46.61.504(6)) for each child passenger under the age of ((sixteen)) 34
16 who is an occupant in the defendant's vehicle. These enhancements 35
shall be mandatory, shall be served in total confinement, and shall 36
run consecutively to all other sentencing provisions, including other 37
minor child enhancements, for all offenses sentenced under this 38
chapter. If the addition of a minor child enhancement increases the 39
sentence so that it would exceed the statutory maximum for the 40
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offense, the portion of the sentence representing the enhancement 1
shall be mandatory, shall be served in total confinement, and shall 2
run consecutively to all other sentencing provisions.3
(14) An additional ((twelve)) 12 months shall be added to the 4
standard sentence range for an offense that is also a violation of 5
RCW 9.94A.832. 6
(15) An additional 12 months may, at the discretion of the court, 7
be added to the standard sentence range for an offense that is also a 8
violation of RCW 9.94A.828. 9
(16)(a) Except as provided in (b) of this subsection, an 10
additional 12 months shall be added to the standard sentence range 11
for an offense if the conviction included a finding by special 12
allegation of attempting to conceal identity under section 1 of this 13
act.14
(b) The court may impose an additional fine not to exceed $5,000 15
in addition to, or in lieu of, the 12-month enhancement described in 16
(a) of this subsection.17
(17) Regardless of any provisions in this section, if a person is 18
being sentenced in adult court for a crime committed under age 19
((eighteen)) 18, the court has full discretion to depart from 20
mandatory sentencing enhancements and to take the particular 21
circumstances surrounding the defendant's youth into account.22
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