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SB5213 • 2026

Fentanyl possession

Penalizing the possession of fentanyl.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Senator McCune, Senator Christian, Senator Cortes, Senator Warnick
Last action
2026-01-12
Official status
S Law & Justice
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Fentanyl possession

Fentanyl possession

What This Bill Does

  • Fentanyl possession

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-01-12 Senate

    By resolution, reintroduced and retained in present status.

Official Summary Text

Fentanyl possession

Current Bill Text

Read the full stored bill text
AN ACT Relating to the possession of fentanyl; amending RCW 1
69.50.4013, 9.94A.518, and 13.40.0357; creating a new section; 2
prescribing penalties; and declaring an emergency. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The Washington state legislature 5
recognizes the escalating crisis of fentanyl use, a concern 6
underscored by alarming data and impacts in communities across the 7
state. According to recent department of health statistics, opioid 8
overdoses have risen dramatically since 2018, with fentanyl now being 9
the most prevalent cause of opioid-related fatalities. Preliminary 10
data suggests there were 662 synthetic opioid overdose deaths during 11
the first quarter of 2024 in Washington state, a near record high.12
The intent of this act is to address the public health emergency 13
posed by fentanyl by prioritizing public safety. By categorizing the 14
possession of fentanyl as a felony, the legislature aims to deter its 15
illegal distribution and use. This approach seeks to reduce the 16
availability of fentanyl on the streets and curb the associated 17
harms, including addiction, overdose, and death. 18
Sec. 2. RCW 69.50.4013 and 2024 c 9 s 2 are each amended to read 19
as follows: 20
S-0475.1
SENATE BILL 5213
State of Washington 69th Legislature 2025 Regular Session
By Senators McCune, Christian, Cortes, and Warnick
Prefiled 01/09/25. Read first time 01/13/25. Referred to Committee
on Law & Justice.
p. 1 SB 5213
(1) Except as otherwise authorized by this chapter, it is 1
unlawful for any person to: 2
(a) Knowingly possess a controlled substance unless the substance 3
was obtained directly from, or pursuant to, a valid prescription or 4
order of a practitioner while acting in the course of his or her 5
professional practice; or 6
(b) Knowingly use a controlled substance in a public place, 7
unless the substance was obtained directly from, or pursuant to, a 8
valid prescription or order of a practitioner while acting in the 9
course of his or her professional practice. 10
(2)(a) Except as provided in RCW 69.50.4014 or 69.50.445 or (b) 11
of this subsection , a violation of subsection (1)(a) or (b) of this 12
section is a gross misdemeanor punishable by imprisonment of up to 13
180 days in jail, or by a fine of not more than $1,000, or by both 14
such imprisonment and fine, however, if the defendant has two or more 15
prior convictions under subsection (1)(a) or (b) of this section 16
occurring after July 1, 2023, a violation of subsection (1)(a) or (b) 17
of this section is punishable by imprisonment for up to 364 days, or 18
by a fine of not more than $1,000, or by both such imprisonment and 19
fine. The prosecutor is encouraged to divert such cases for 20
assessment, treatment, or other services. 21
(b) Any person who violates this section by knowingly possessing 22
fentanyl is guilty of a class C felony punishable according to 23
chapter 9A.20 RCW.24
(c) No person may be charged under both subsection (1)(a) and (b) 25
of this section relating to the same course of conduct.26
(((c))) (d) In lieu of jail booking and referral to the 27
prosecutor, law enforcement is encouraged to offer a referral to 28
assessment and services available under RCW 10.31.110 or other 29
program or entity responsible for receiving referrals in lieu of 30
legal system involvement, which may include, but are not limited to, 31
arrest and jail alternative programs established under RCW 32
36.28A.450, law enforcement assisted diversion programs established 33
under RCW 71.24.589, and the recovery navigator program established 34
under RCW 71.24.115. 35
(3)(a) The possession, by a person 21 years of age or older, of 36
useable cannabis, cannabis concentrates, or cannabis-infused products 37
in amounts that do not exceed those set forth in RCW 69.50.360(3) is 38
not a violation of this section, this chapter, or any other provision 39
of Washington state law. 40
p. 2 SB 5213
(b) The possession of cannabis, useable cannabis, cannabis 1
concentrates, and cannabis-infused products being physically 2
transported or delivered within the state, in amounts not exceeding 3
those that may be established under RCW 69.50.385(3), by a licensed 4
employee of a common carrier when performing the duties authorized in 5
accordance with RCW 69.50.382 and 69.50.385, is not a violation of 6
this section, this chapter, or any other provision of Washington 7
state law. 8
(4)(a) The delivery by a person 21 years of age or older to one 9
or more persons 21 years of age or older, during a single 24 hour 10
period, for noncommercial purposes and not conditioned upon or done 11
in connection with the provision or receipt of financial 12
consideration, of any of the following cannabis products, is not a 13
violation of this section, this chapter, or any other provisions of 14
Washington state law: 15
(i) One-half ounce of useable cannabis; 16
(ii) Eight ounces of cannabis-infused product in solid form;17
(iii) 36 ounces of cannabis-infused product in liquid form unless 18
the cannabis-infused product in liquid form is packaged in individual 19
units containing no more than four milligrams of THC per unit;20
(iv) 100 milligrams of THC within a cannabis-infused product in 21
liquid form if the product is packaged in individual units containing 22
no more than four milligrams of THC per unit; or 23
(v) Three and one-half grams of cannabis concentrates.24
(b) The act of delivering cannabis or a cannabis product as 25
authorized under this subsection (4) must meet one of the following 26
requirements: 27
(i) The delivery must be done in a location outside of the view 28
of general public and in a nonpublic place; or 29
(ii) The cannabis or cannabis product must be in the original 30
packaging as purchased from the cannabis retailer.31
(5) No person under 21 years of age may manufacture, sell, 32
distribute, or knowingly possess cannabis, cannabis-infused products, 33
or cannabis concentrates, regardless of THC concentration. This does 34
not include qualifying patients with a valid authorization.35
(6) The possession by a qualifying patient or designated provider 36
of cannabis concentrates, useable cannabis, cannabis-infused 37
products, or plants in accordance with chapter 69.51A RCW is not a 38
violation of this section, this chapter, or any other provision of 39
Washington state law. 40
p. 3 SB 5213
(7) For the purposes of this section, "public place" has the same 1
meaning as defined in RCW 66.04.010, but the exclusions in RCW 2
66.04.011 do not apply. 3
(8) For the purposes of this section, "use a controlled 4
substance" means to introduce the substance into the human body by 5
injection, inhalation, ingestion, or any other means.6
Sec. 3. RCW 9.94A.518 and 2023 c 66 s 2 are each amended to read 7
as follows: 8
9 TABLE 4
10
11
12
DRUG OFFENSES
INCLUDED WITHIN EACH
SERIOUSNESS LEVEL

13
14
15
16
III Any felony offense under chapter
69.50 RCW with a deadly weapon
special verdict under RCW
9.94A.825

17
18
Controlled Substance Homicide (RCW
69.50.415)

19
20
21
22
Delivery of imitation controlled
substance by person eighteen or
over to person under eighteen
(RCW 69.52.030(2))

23
24
Involving a minor in drug dealing
(RCW 69.50.4015)

25
26
Manufacture of methamphetamine
(RCW 69.50.401(2)(b))

27
28
29
30
31
Over 18 and deliver heroin,
methamphetamine, a narcotic from
Schedule I or II, or flunitrazepam
from Schedule IV to someone
under 18 (RCW 69.50.406)

p. 4 SB 5213
1
2
3
4
5
6
7
Over 18 and deliver narcotic from
Schedule III, IV , or V or a
nonnarcotic, except flunitrazepam
or methamphetamine, from
Schedule I-V to someone under 18
and 3 years junior (RCW
69.50.406)

8
9
10
11
12
Possession of Ephedrine,
Pseudoephedrine, or Anhydrous
Ammonia with intent to
manufacture methamphetamine
(RCW 69.50.440)

13
14
15
Selling for profit (controlled or
counterfeit) any controlled
substance (RCW 69.50.410)

16
17
18
II Create or deliver a counterfeit
controlled substance (RCW
69.50.4011(1)(a))

19
20
21
Deliver or possess with intent to
deliver methamphetamine (RCW
69.50.401(2)(b))

22
23
24
Delivery of a material in lieu of a
controlled substance (RCW
69.50.4012)

25
26
27
Maintaining a Dwelling or Place for
Controlled Substances (RCW
69.50.402(1)(f))

28
29
30
Manufacture, deliver, or possess with
intent to deliver amphetamine
(RCW 69.50.401(2)(b))

31
32
33
34
35
Manufacture, deliver, or possess with
intent to deliver narcotics from
Schedule I or II or flunitrazepam
from Schedule IV (RCW
69.50.401(2)(a))

p. 5 SB 5213
1
2
3
4
5
6
7
8
9
Manufacture, deliver, or possess with
intent to deliver narcotics from
Schedule III, IV , or V or
nonnarcotics from Schedule I-V
(except cannabis as defined in
RCW 69.50.101, amphetamine,
methamphetamines, or
flunitrazepam) (RCW
69.50.401(2) (c) through (e))

10
11
12
13
Manufacture, distribute, or possess
with intent to distribute an
imitation controlled substance
(RCW 69.52.030(1))

14
15
16
17
Possess, purchase, deliver, sell, or
possess with intent to sell a
tableting machine or encapsulating
machine (RCW 69.50.418)

18 I Forged Prescription (RCW 69.41.020)
19
20
Forged Prescription for a Controlled
Substance (RCW 69.50.403)

21
22
23
24
Manufacture, deliver, or possess with
intent to deliver cannabis as
defined in RCW 69.50.101 (RCW
69.50.401(2)(c))

25
26
Possession of Fentanyl (RCW
69.50.4013(2)(b))

27
28
Unlawful Use of Building for Drug
Purposes (RCW 69.53.010)

Sec. 4. RCW 13.40.0357 and 2023 c 295 s 8 are each amended to 29
read as follows: 30
31 DESCRIPTION AND OFFENSE CATEGORY
32
33
34
35
36
JUVENILE
DISPOSITION
OFFENSE
CATEGORY DESCRIPTION (RCW CITATION)
JUVENILE DISPOSITION
CATEGORY FOR
ATTEMPT, BAILJUMP,
CONSPIRACY , OR
SOLICITATION
p. 6 SB 5213
1 Arson and Malicious Mischief
2 A Arson 1 (9A.48.020) B+
3 B Arson 2 (9A.48.030) C
4 C Reckless Burning 1 (9A.48.040) D
5 D Reckless Burning 2 (9A.48.050) E
6 B Malicious Mischief 1 (9A.48.070) C
7 C Malicious Mischief 2 (9A.48.080) D
8 D Malicious Mischief 3 (9A.48.090) E
9
10
E Tampering with Fire Alarm Apparatus
(9.40.100)
E
11
12
E Tampering with Fire Alarm Apparatus
with Intent to Commit Arson (9.40.105)
E
13
14
A Possession of Incendiary Device
(9.40.120)
B+
15
16
Assault and Other Crimes Involving
Physical Harm

17 A Assault 1 (9A.36.011) B+
18 B+ Assault 2 (9A.36.021) C+
19 C+ Assault 3 (9A.36.031) D+
20 D+ Assault 4 (9A.36.041) E
21
22
B+ Drive-By Shooting (9A.36.045)
committed at age 15 or under
C+
23
24
A++ Drive-By Shooting (9A.36.045)
committed at age 16 or 17
A
25 D+ Reckless Endangerment (9A.36.050) E
26 C+ Promoting Suicide Attempt (9A.36.060) D+
27 D+ Coercion (9A.36.070) E
28 C+ Custodial Assault (9A.36.100) D+
29 Burglary and Trespass
30
31
B+ Burglary 1 (9A.52.020) committed at
age 15 or under
C+
32
33
A- Burglary 1 (9A.52.020) committed at
age 16 or 17
B+
34 B Residential Burglary (9A.52.025) C
35 B Burglary 2 (9A.52.030) C
p. 7 SB 5213
1
2
D Burglary Tools (Possession of)
(9A.52.060)
E
3 D Criminal Trespass 1 (9A.52.070) E
4 E Criminal Trespass 2 (9A.52.080) E
5 C Mineral Trespass (78.44.330) C
6 C Vehicle Prowling 1 (9A.52.095) D
7 D Vehicle Prowling 2 (9A.52.100) E
8 Drugs
9
10
E Possession/Consumption of Alcohol
(66.44.270)
E
11
12
C Illegally Obtaining Legend Drug
(69.41.020)
D
13
14
C+ Sale, Delivery, Possession of Legend
Drug with Intent to Sell (69.41.030(2)(a))
D+
15
16
E Possession of Legend
Drug (69.41.030(2)(b))
E
17
18
19
20
B+ Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Sale (69.50.401(2) (a) or (b))
B+
21
22
23
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Sale
(69.50.401(2)(c))
C
24
25
E Possession of Cannabis <40 grams
(69.50.4014)
E
26
27
C Possession of Fentanyl
(69.50.4013(2)(b))
C
28
29
C Fraudulently Obtaining Controlled
Substance (69.50.403)
C
30
31
C+ Sale of Controlled Substance for Profit
(69.50.410)
C+
32 E Unlawful Inhalation (9.47A.020) E
33
34
35
36
37
B Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Counterfeit Substances (69.50.4011(2)
(a) or (b))
B
p. 8 SB 5213
1
2
3
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Counterfeit
Substances (69.50.4011(2) (c), (d), or (e))
C
4
5
6
E Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance (69.50.4013)
E
7
8
9
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance (69.50.4012)
C
10 Firearms and Weapons
11 B Theft of Firearm (9A.56.300) C
12
13
B Possession of Stolen Firearm
(9A.56.310)
C
14
15
E Carrying Loaded Pistol Without Permit
(9.41.050)
E
16
17
C Possession of Firearms by Minor (<18)
(9.41.040(2)(a) (v))
C
18
19
D+ Possession of Dangerous Weapon
(9.41.250)
E
20
21
D Intimidating Another Person by use of
Weapon (9.41.270)
E
22 Homicide
23 A+ Murder 1 (9A.32.030) A
24 A+ Murder 2 (9A.32.050) B+
25 B+ Manslaughter 1 (9A.32.060) C+
26 C+ Manslaughter 2 (9A.32.070) D+
27 B+ Vehicular Homicide (46.61.520) C+
28 Kidnapping
29 A Kidnap 1 (9A.40.020) B+
30 B+ Kidnap 2 (9A.40.030) C+
31 C+ Unlawful Imprisonment (9A.40.040) D+
32 Obstructing Governmental Operation
33
34
D Obstructing a Law Enforcement Officer
(9A.76.020)
E
35 E Resisting Arrest (9A.76.040) E
36 B Introducing Contraband 1 (9A.76.140) C
p. 9 SB 5213
1 C Introducing Contraband 2 (9A.76.150) D
2 E Introducing Contraband 3 (9A.76.160) E
3
4
B+ Intimidating a Public Servant
(9A.76.180)
C+
5 B+ Intimidating a Witness (9A.72.110) C+
6 Public Disturbance
7
8
C+ Criminal Mischief with Weapon
(9A.84.010(2)(b))
D+
9
10
D+ Criminal Mischief Without Weapon
(9A.84.010(2)(a))
E
11 E Failure to Disperse (9A.84.020) E
12 E Disorderly Conduct (9A.84.030) E
13 Sex Crimes
14 A Rape 1 (9A.44.040) B+
15
16
B++ Rape 2 (9A.44.050) committed at age 14
or under
B+
17
18
A- Rape 2 (9A.44.050) committed at age 15
through age 17
B+
19 C+ Rape 3 (9A.44.060) D+
20
21
B++ Rape of a Child 1 (9A.44.073)
committed at age 14 or under
B+
22
23
A- Rape of a Child 1 (9A.44.073)
committed at age 15
B+
24 B+ Rape of a Child 2 (9A.44.076) C+
25 B Incest 1 (9A.64.020(1)) C
26 C Incest 2 (9A.64.020(2)) D
27
28
D+ Indecent Exposure (Victim <14)
(9A.88.010)
E
29
30
E Indecent Exposure (Victim 14 or over)
(9A.88.010)
E
31 B+ Promoting Prostitution 1 (9A.88.070) C+
32 C+ Promoting Prostitution 2 (9A.88.080) D+
33 E O & A (Prostitution) (9A.88.030) E
34 B+ Indecent Liberties (9A.44.100) C+
35
36
B++ Child Molestation 1 (9A.44.083)
committed at age 14 or under
B+
p. 10 SB 5213
1
2
A- Child Molestation 1 (9A.44.083)
committed at age 15 through age 17
B+
3 B Child Molestation 2 (9A.44.086) C+
4
5
C Failure to Register as a Sex Offender
(9A.44.132)
D
6
7
Theft, Robbery, Extortion, and
Forgery

8 B Theft 1 (9A.56.030) C
9 C Theft 2 (9A.56.040) D
10 D Theft 3 (9A.56.050) E
11
12
B Theft of Livestock 1 and 2 (9A.56.080
and 9A.56.083)
C
13 C Forgery (9A.60.020) D
14
15
A Robbery 1 (9A.56.200) committed at
age 15 or under
B+
16
17
A++ Robbery 1 (9A.56.200) committed at
age 16 or 17
A
18 B+ Robbery 2 (9A.56.210) C+
19 B+ Extortion 1 (9A.56.120) C+
20 C+ Extortion 2 (9A.56.130) D+
21 C Identity Theft 1 (9.35.020(2)) D
22 D Identity Theft 2 (9.35.020(3)) E
23
24
D Improperly Obtaining Financial
Information (9.35.010)
E
25
26
B Possession of a Stolen Vehicle
(9A.56.068)
C
27
28
B Possession of Stolen Property 1
(9A.56.150)
C
29
30
C Possession of Stolen Property 2
(9A.56.160)
D
31
32
D Possession of Stolen Property 3
(9A.56.170)
E
33
34
B Taking Motor Vehicle Without
Permission 1 (9A.56.070)
C
35
36
C Taking Motor Vehicle Without
Permission 2 (9A.56.075)
D
37 B Theft of a Motor Vehicle (9A.56.065) C
p. 11 SB 5213
1 Motor Vehicle Related Crimes
2 E Driving Without a License (46.20.005) E
3 B+ Hit and Run - Death (46.52.020(4)(a)) C+
4 C Hit and Run - Injury (46.52.020(4)(b)) D
5 D Hit and Run-Attended (46.52.020(5)) E
6 E Hit and Run-Unattended (46.52.010) E
7 C Vehicular Assault (46.61.522) D
8
9
C Attempting to Elude Pursuing Police
Vehicle (46.61.024)
D
10 E Reckless Driving (46.61.500) E
11
12
D Driving While Under the Influence
(46.61.502 and 46.61.504)
E
13
14
B+ Felony Driving While Under the
Influence (46.61.502(6))
B
15
16
B+ Felony Physical Control of a Vehicle
While Under the Influence (46.61.504(6))
B
17 Other
18 B Animal Cruelty 1 (16.52.205) C
19 B Bomb Threat (9.61.160) C
20 C Escape 11 (9A.76.110) C
21 C Escape 21 (9A.76.120) C
22 D Escape 3 (9A.76.130) E
23
24
E Obscene, Harassing, Etc., Phone Calls
(9.61.230)
E
25
26
A Other Offense Equivalent to an Adult
Class A Felony
B+
27
28
B Other Offense Equivalent to an Adult
Class B Felony
C
29
30
C Other Offense Equivalent to an Adult
Class C Felony
D
31
32
D Other Offense Equivalent to an Adult
Gross Misdemeanor
E
33
34
E Other Offense Equivalent to an Adult
Misdemeanor
E
35
36
37
V Violation of Order of Restitution,
Community Supervision, or Confinement
(13.40.200)2
V
p. 12 SB 5213
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses 1
and the standard range is established as follows: 2
1st escape or attempted escape during 12-month period - 28 days 3
confinement 4
2nd escape or attempted escape during 12-month period - 8 weeks 5
confinement 6
3rd and subsequent escape or attempted escape during 12-month 7
period - 12 weeks confinement 8
2If the court finds that a respondent has violated terms of an order, 9
it may impose a penalty of up to 30 days of confinement.10
JUVENILE SENTENCING STANDARDS11
This schedule must be used for juvenile offenders. The court may 12
select sentencing option A, B, C, or D. 13
14
15
16
OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
17 A++ 129 to 260 weeks for all category A++ offenses
18 A+ 180 weeks to age 21 for all category A+ offenses
19 A 103-129 weeks for all category A offenses
20 A- 30-40 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks
21 B++ 15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks
22 CURRENT B+ 15-36 weeks 15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks
23 OFFENSE B LS LS 15-36 weeks 15-36 weeks 52-65 weeks
24 CATEGORY C+ LS LS LS 15-36 weeks 15-36 weeks
25 C LS LS LS LS 15-36 weeks
26 D+ LS LS LS LS LS
27 D LS LS LS LS LS
28 E LS LS LS LS LS
29 PRIOR 0 1 2 3 4 or more
30 ADJUDICATIONS
p. 13 SB 5213
NOTE: References in the grid to days or weeks mean periods of 1
confinement. "LS" means "local sanctions" as defined in RCW 2
13.40.020. 3
(1) The vertical axis of the grid is the current offense 4
category. The current offense category is determined by the offense 5
of adjudication. 6
(2) The horizontal axis of the grid is the number of prior 7
adjudications included in the juvenile's criminal history. Each prior 8
felony adjudication shall count as one point. Each prior violation, 9
misdemeanor, and gross misdemeanor adjudication shall count as 1/4 10
point. Fractional points shall be rounded down. 11
(3) The standard range disposition for each offense is determined 12
by the intersection of the column defined by the prior adjudications 13
and the row defined by the current offense category.14
(4) RCW 13.40.180 applies if the offender is being sentenced for 15
more than one offense. 16
(5) A current offense that is a violation is equivalent to an 17
offense category of E. However, a disposition for a violation shall 18
not include confinement. 19
OR20
OPTION B21
SUSPENDED DISPOSITION ALTERNATIVE22
(1) If the offender is subject to a standard range disposition 23
involving confinement by the department, the court may impose the 24
standard range and suspend the disposition on condition that the 25
offender comply with one or more local sanctions and any educational 26
or treatment requirement. The treatment programs provided to the 27
offender must be either research-based best practice programs as 28
identified by the Washington state institute for public policy or the 29
joint legislative audit and review committee, or for chemical 30
dependency treatment programs or services, they must be evidence-31
based or research-based best practice programs. For the purposes of 32
this subsection: 33
(a) "Evidence-based" means a program or practice that has had 34
multiple site random controlled trials across heterogeneous 35
populations demonstrating that the program or practice is effective 36
for the population; and 37
p. 14 SB 5213
(b) "Research-based" means a program or practice that has some 1
research demonstrating effectiveness, but that does not yet meet the 2
standard of evidence-based practices. 3
(2) If the offender fails to comply with the suspended 4
disposition, the court may impose sanctions pursuant to RCW 13.40.200 5
or may revoke the suspended disposition and order the disposition's 6
execution. 7
(3) An offender is ineligible for the suspended disposition 8
option under this section if the offender: 9
(a) Is adjudicated of an A+ or A++ offense; 10
(b) Is fourteen years of age or older and is adjudicated of one 11
or more of the following offenses: 12
(i) A class A offense, or an attempt, conspiracy, or solicitation 13
to commit a class A offense; 14
(ii) Manslaughter in the first degree (RCW 9A.32.060);15
(iii) Assault in the second degree (RCW 9A.36.021), extortion in 16
the first degree (RCW 9A.56.120), kidnapping in the second degree 17
(RCW 9A.40.030), drive-by shooting (RCW 9A.36.045), vehicular 18
homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), or 19
manslaughter 2 (RCW 9A.32.070); or 20
(iv) Violation of the uniform controlled substances act (RCW 21
69.50.401(2) (a) and (b)), when the offense includes infliction of 22
bodily harm upon another or when during the commission or immediate 23
withdrawal from the offense the respondent was armed with a deadly 24
weapon; 25
(c) Is ordered to serve a disposition for a firearm violation 26
under RCW 13.40.193; 27
(d) Is adjudicated of a sex offense as defined in RCW 9.94A.030; 28
or 29
(e) Has a prior option B disposition. 30
OR31
OPTION C32
CHEMICAL DEPENDENCY/MENTAL HEALTH DISPOSITION ALTERNATIVE33
If the juvenile offender is subject to a standard range 34
disposition of local sanctions or 15 to 36 weeks of confinement and 35
has not committed a B++ or B+ offense, the court may impose a 36
disposition under RCW 13.40.160(4) and 13.40.165. 37
OR38
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OPTION D1
MANIFEST INJUSTICE2
If the court determines that a disposition under option A, B, or C 3
would effectuate a manifest injustice, the court shall impose a 4
disposition outside the standard range under RCW 13.40.160(2).5
NEW SECTION. Sec. 5. This act is necessary for the immediate 6
preservation of the public peace, health, or safety, or support of 7
the state government and its existing public institutions, and takes 8
effect immediately.9
--- END ---
p. 16 SB 5213