Unlawful firearm possession

AN ACT Relating to classifying unlawful possession of a firearm 1
as a violent offense; amending RCW 9.94A.030 and 9.94A.030; providing 2
an effective date; and providing 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
S-0215.1
SENATE BILL 5268
State of Washington 69th Legislature 2025 Regular Session
By Senators Wagoner, Dozier, and Fortunato
Read first time 01/14/25. Referred to Committee on Law & Justice.
p. 1 SB 5268
(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 SB 5268
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)(c))) (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 SB 5268
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 SB 5268
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 SB 5268
(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 SB 5268
(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 SB 5268
(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 SB 5268
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 SB 5268
(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 SB 5268
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 SB 5268
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 SB 5268
(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 SB 5268
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 SB 5268
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
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(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; 4
(xv) Unlawful possession of a firearm in the first degree; and5
(xvi) Unlawful possession of a firearm in the second degree;6
(b) Any conviction for a felony offense in effect at any time 7
prior to July 1, 1976, that is comparable to a felony classified as a 8
violent offense in (a) of this subsection; and 9
(c) Any federal or out-of-state conviction for an offense that 10
under the laws of this state would be a felony classified as a 11
violent offense under (a) or (b) of this subsection.12
(59) "Work crew" means a program of partial confinement 13
consisting of civic improvement tasks for the benefit of the 14
community that complies with RCW 9.94A.725. 15
(60) "Work ethic camp" means an alternative incarceration program 16
as provided in RCW 9.94A.690 designed to reduce recidivism and lower 17
the cost of corrections by requiring offenders to complete a 18
comprehensive array of real-world job and vocational experiences, 19
character-building work ethics training, life management skills 20
development, substance abuse rehabilitation, counseling, literacy 21
training, and basic adult education. 22
(61) "Work release" means a program of partial confinement 23
available to offenders who are employed or engaged as a student in a 24
regular course of study at school. 25
Sec. 2. RCW 9.94A.030 and 2024 c 306 s 2 are each amended to 26
read as follows: 27
Unless the context clearly requires otherwise, the definitions in 28
this section apply throughout this chapter. 29
(1) "Board" means the indeterminate sentence review board created 30
under chapter 9.95 RCW. 31
(2) "Collect," or any derivative thereof, "collect and remit," or 32
"collect and deliver," when used with reference to the department, 33
means that the department, either directly or through a collection 34
agreement authorized by RCW 9.94A.760, is responsible for monitoring 35
and enforcing the offender's sentence with regard to the legal 36
financial obligation, receiving payment thereof from the offender, 37
and, consistent with current law, delivering daily the entire payment 38
p. 16 SB 5268
to the superior court clerk without depositing it in a departmental 1
account. 2
(3) "Commission" means the sentencing guidelines commission.3
(4) "Community corrections officer" means an employee of the 4
department who is responsible for carrying out specific duties in 5
supervision of sentenced offenders and monitoring of sentence 6
conditions. 7
(5) "Community custody" means that portion of an offender's 8
sentence of confinement in lieu of earned release time or imposed as 9
part of a sentence under this chapter and served in the community 10
subject to controls placed on the offender's movement and activities 11
by the department. 12
(6) "Community protection zone" means the area within 880 feet of 13
the facilities and grounds of a public or private school.14
(7) "Community restitution" means compulsory service, without 15
compensation, performed for the benefit of the community by the 16
offender. 17
(8) "Confinement" means total or partial confinement.18
(9) "Conviction" means an adjudication of guilt pursuant to Title 19
10 or 13 RCW and includes a verdict of guilty, a finding of guilty, 20
and acceptance of a plea of guilty. 21
(10) "Crime-related prohibition" means an order of a court 22
prohibiting conduct that directly relates to the circumstances of the 23
crime for which the offender has been convicted, and shall not be 24
construed to mean orders directing an offender affirmatively to 25
participate in rehabilitative programs or to otherwise perform 26
affirmative conduct. However, affirmative acts necessary to monitor 27
compliance with the order of a court may be required by the 28
department. 29
(11) "Criminal history" means the list of a defendant's prior 30
convictions and juvenile adjudications, whether in this state, in 31
federal court, or elsewhere, and any issued certificates of 32
restoration of opportunity pursuant to RCW 9.97.020.33
(a) The history shall include, where known, for each conviction 34
(i) whether the defendant has been placed on probation and the length 35
and terms thereof; and (ii) whether the defendant has been 36
incarcerated and the length of incarceration. 37
(b) A conviction may be removed from a defendant's criminal 38
history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 39
9.95.240, or a similar out-of-state statute, or if the conviction has 40
p. 17 SB 5268
been vacated pursuant to a governor's pardon. However, when a 1
defendant is charged with a recidivist offense, "criminal history" 2
includes a vacated prior conviction for the sole purpose of 3
establishing that such vacated prior conviction constitutes an 4
element of the present recidivist offense as provided in RCW 5
9.94A.640(4)(b) and 9.96.060(((7)(c))) (8)(c). 6
(c) The determination of a defendant's criminal history is 7
distinct from the determination of an offender score. A prior 8
conviction that was not included in an offender score calculated 9
pursuant to a former version of the sentencing reform act remains 10
part of the defendant's criminal history. 11
(12) "Criminal street gang" means any ongoing organization, 12
association, or group of three or more persons, whether formal or 13
informal, having a common name or common identifying sign or symbol, 14
having as one of its primary activities the commission of criminal 15
acts, and whose members or associates individually or collectively 16
engage in or have engaged in a pattern of criminal street gang 17
activity. This definition does not apply to employees engaged in 18
concerted activities for their mutual aid and protection, or to the 19
activities of labor and bona fide nonprofit organizations or their 20
members or agents. 21
(13) "Criminal street gang associate or member" means any person 22
who actively participates in any criminal street gang and who 23
intentionally promotes, furthers, or assists in any criminal act by 24
the criminal street gang. 25
(14) "Criminal street gang-related offense" means any felony or 26
misdemeanor offense, whether in this state or elsewhere, that is 27
committed for the benefit of, at the direction of, or in association 28
with any criminal street gang, or is committed with the intent to 29
promote, further, or assist in any criminal conduct by the gang, or 30
is committed for one or more of the following reasons:31
(a) To gain admission, prestige, or promotion within the gang;32
(b) To increase or maintain the gang's size, membership, 33
prestige, dominance, or control in any geographical area;34
(c) To exact revenge or retribution for the gang or any member of 35
the gang; 36
(d) To obstruct justice, or intimidate or eliminate any witness 37
against the gang or any member of the gang; 38
p. 18 SB 5268
(e) To directly or indirectly cause any benefit, aggrandizement, 1
gain, profit, or other advantage for the gang, its reputation, 2
influence, or membership; or 3
(f) To provide the gang with any advantage in, or any control or 4
dominance over any criminal market sector, including, but not limited 5
to, manufacturing, delivering, or selling any controlled substance 6
(chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen 7
property ( chapter 9A.82 RCW); promoting prostitution ( chapter 9A.88 8
RCW); human trafficking (RCW 9A.40.100); promoting commercial sexual 9
abuse of a minor (RCW 9.68A.101); or promoting pornography ( chapter 10
9.68 RCW). 11
(15) "Day fine" means a fine imposed by the sentencing court that 12
equals the difference between the offender's net daily income and the 13
reasonable obligations that the offender has for the support of the 14
offender and any dependents. 15
(16) "Day reporting" means a program of enhanced supervision 16
designed to monitor the offender's daily activities and compliance 17
with sentence conditions, and in which the offender is required to 18
report daily to a specific location designated by the department or 19
the sentencing court. 20
(17) "Department" means the department of corrections.21
(18) "Determinate sentence" means a sentence that states with 22
exactitude the number of actual years, months, or days of total 23
confinement, of partial confinement, of community custody, the number 24
of actual hours or days of community restitution work, or dollars or 25
terms of a legal financial obligation. The fact that an offender 26
through earned release can reduce the actual period of confinement 27
shall not affect the classification of the sentence as a determinate 28
sentence. 29
(19) "Disposable earnings" means that part of the earnings of an 30
offender remaining after the deduction from those earnings of any 31
amount required by law to be withheld. For the purposes of this 32
definition, "earnings" means compensation paid or payable for 33
personal services, whether denominated as wages, salary, commission, 34
bonuses, or otherwise, and, notwithstanding any other provision of 35
law making the payments exempt from garnishment, attachment, or other 36
process to satisfy a court-ordered legal financial obligation, 37
specifically includes periodic payments pursuant to pension or 38
retirement programs, or insurance policies of any type, but does not 39
p. 19 SB 5268
include payments made under Title 50 RCW, except as provided in RCW 1
50.40.020 and 50.40.050, or Title 74 RCW. 2
(20)(a) "Domestic violence" has the same meaning as defined in 3
RCW 10.99.020. 4
(b) "Domestic violence" also means: (i) Physical harm, bodily 5
injury, assault, or the infliction of fear of imminent physical harm, 6
bodily injury, or assault, sexual assault, or stalking, as defined in 7
RCW 9A.46.110, of one intimate partner by another intimate partner as 8
defined in RCW 10.99.020; or (ii) physical harm, bodily injury, 9
assault, or the infliction of fear of imminent physical harm, bodily 10
injury, or assault, sexual assault, or stalking, as defined in RCW 11
9A.46.110, of one family or household member by another family or 12
household member as defined in RCW 10.99.020. 13
(21) "Drug offender sentencing alternative" is a sentencing 14
option available to persons convicted of a felony offense who are 15
eligible for the option under RCW 9.94A.660. 16
(22) "Drug offender sentencing alternative for driving under the 17
influence" is a sentencing option available to persons convicted of 18
felony driving while under the influence of intoxicating liquor or 19
any drug under RCW 46.61.502(6), or felony physical control of a 20
vehicle while under the influence of intoxicating liquor or any drug 21
under RCW 46.61.504(6) who are eligible under RCW 9.94A.661.22
(23) "Drug offense" means: 23
(a) Any felony violation of chapter 69.50 RCW except possession 24
of a controlled substance (RCW 69.50.4013) or forged prescription for 25
a controlled substance (RCW 69.50.403); 26
(b) Any offense defined as a felony under federal law that 27
relates to the possession, manufacture, distribution, or 28
transportation of a controlled substance; or 29
(c) Any out-of-state conviction for an offense that under the 30
laws of this state would be a felony classified as a drug offense 31
under (a) of this subsection. 32
(24) "Earned release" means earned release from confinement as 33
provided in RCW 9.94A.728. 34
(25) "Electronic monitoring" means tracking the location of an 35
individual through the use of technology that is capable of 36
determining or identifying the monitored individual's presence or 37
absence at a particular location including, but not limited to:38
(a) Radio frequency signaling technology, which detects if the 39
monitored individual is or is not at an approved location and 40
p. 20 SB 5268
notifies the monitoring agency of the time that the monitored 1
individual either leaves the approved location or tampers with or 2
removes the monitoring device; or 3
(b) Active or passive global positioning system technology, which 4
detects the location of the monitored individual and notifies the 5
monitoring agency of the monitored individual's location and which 6
may also include electronic monitoring with victim notification 7
technology that is capable of notifying a victim or protected party, 8
either directly or through a monitoring agency, if the monitored 9
individual enters within the restricted distance of a victim or 10
protected party, or within the restricted distance of a designated 11
location. 12
(26) "Escape" means: 13
(a) Sexually violent predator escape (RCW 9A.76.115), escape in 14
the first degree (RCW 9A.76.110), escape in the second degree (RCW 15
9A.76.120), willful failure to return from furlough (RCW 72.66.060), 16
willful failure to return from work release (RCW 72.65.070), or 17
willful failure to be available for supervision by the department 18
while in community custody (RCW 72.09.310); or 19
(b) Any federal or out-of-state conviction for an offense that 20
under the laws of this state would be a felony classified as an 21
escape under (a) of this subsection. 22
(27) "Felony traffic offense" means: 23
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 24
46.61.522), eluding a police officer (RCW 46.61.024), felony hit-and-25
run injury-accident (RCW 46.52.020(4)), felony driving while under 26
the influence of intoxicating liquor or any drug (RCW 46.61.502(6)), 27
or felony physical control of a vehicle while under the influence of 28
intoxicating liquor or any drug (RCW 46.61.504(6)); or29
(b) Any federal or out-of-state conviction for an offense that 30
under the laws of this state would be a felony classified as a felony 31
traffic offense under (a) of this subsection. 32
(28) "Fine" means a specific sum of money ordered by the 33
sentencing court to be paid by the offender to the court over a 34
specific period of time. 35
(29) "First-time offender" means any person who has no prior 36
convictions for a felony and is eligible for the first-time offender 37
waiver under RCW 9.94A.650. 38
(30) "Home detention" is a subset of electronic monitoring and 39
means a program of partial confinement available to offenders wherein 40
p. 21 SB 5268
the offender is confined in a private residence 24 hours a day, 1
unless an absence from the residence is approved, authorized, or 2
otherwise permitted in the order by the court or other supervising 3
agency that ordered home detention, and the offender is subject to 4
electronic monitoring. 5
(31) "Homelessness" or "homeless" means a condition where an 6
individual lacks a fixed, regular, and adequate nighttime residence 7
and who has a primary nighttime residence that is: 8
(a) A supervised, publicly or privately operated shelter designed 9
to provide temporary living accommodations; 10
(b) A public or private place not designed for, or ordinarily 11
used as, a regular sleeping accommodation for human beings; or12
(c) A private residence where the individual stays as a transient 13
invitee. 14
(32) "Legal financial obligation" means a sum of money that is 15
ordered by a superior court of the state of Washington for legal 16
financial obligations which may include restitution to the victim, 17
statutorily imposed crime victims' compensation fees as assessed 18
pursuant to RCW 7.68.035, court costs, county or interlocal drug 19
funds, court-appointed attorneys' fees, and costs of defense, fines, 20
and any other financial obligation that is assessed to the offender 21
as a result of a felony conviction. Upon conviction for vehicular 22
assault while under the influence of intoxicating liquor or any drug, 23
RCW 46.61.522(1)(b), or vehicular homicide while under the influence 24
of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal 25
financial obligations may also include payment to a public agency of 26
the expense of an emergency response to the incident resulting in the 27
conviction, subject to RCW 38.52.430. 28
(33) "Most serious offense" means any of the following felonies 29
or a felony attempt to commit any of the following felonies:30
(a) Any felony defined under any law as a class A felony or 31
criminal solicitation of or criminal conspiracy to commit a class A 32
felony; 33
(b) Assault in the second degree; 34
(c) Assault of a child in the second degree; 35
(d) Child molestation in the second degree; 36
(e) Controlled substance homicide; 37
(f) Extortion in the first degree; 38
(g) Incest when committed against a child under age 14;39
(h) Indecent liberties; 40
p. 22 SB 5268
(i) Kidnapping in the second degree; 1
(j) Leading organized crime; 2
(k) Manslaughter in the first degree; 3
(l) Manslaughter in the second degree; 4
(m) Promoting prostitution in the first degree;5
(n) Rape in the third degree; 6
(o) Sexual exploitation; 7
(p) Vehicular assault, when caused by the operation or driving of 8
a vehicle by a person while under the influence of intoxicating 9
liquor or any drug or by the operation or driving of a vehicle in a 10
reckless manner; 11
(q) Vehicular homicide, when proximately caused by the driving of 12
any vehicle by any person while under the influence of intoxicating 13
liquor or any drug as defined by RCW 46.61.502, or by the operation 14
of any vehicle in a reckless manner; 15
(r) Any other class B felony offense with a finding of sexual 16
motivation; 17
(s) Any other felony with a deadly weapon verdict under RCW 18
9.94A.825; 19
(t) Any felony offense in effect at any time prior to December 2, 20
1993, that is comparable to a most serious offense under this 21
subsection, or any federal or out-of-state conviction for an offense 22
that under the laws of this state would be a felony classified as a 23
most serious offense under this subsection; 24
(u)(i) A prior conviction for indecent liberties under RCW 25
9A.44.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. 26
sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), 27
and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 28
9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, 29
until July 1, 1988; 30
(ii) A prior conviction for indecent liberties under RCW 31
9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, 32
if: (A) The crime was committed against a child under the age of 14; 33
or (B) the relationship between the victim and perpetrator is 34
included in the definition of indecent liberties under RCW 35
9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 36
1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 37
1993, through July 27, 1997; 38
(v) Any out-of-state conviction for a felony offense with a 39
finding of sexual motivation if the minimum sentence imposed was 10 40
p. 23 SB 5268
years or more; provided that the out-of-state felony offense must be 1
comparable to a felony offense under this title and Title 9A RCW and 2
the out-of-state definition of sexual motivation must be comparable 3
to the definition of sexual motivation contained in this section.4
(34) "Nonviolent offense" means an offense which is not a violent 5
offense. 6
(35) "Offender" means a person who has committed a felony 7
established by state law and is 18 years of age or older or is less 8
than 18 years of age but whose case is under superior court 9
jurisdiction under RCW 13.04.030 or has been transferred by the 10
appropriate juvenile court to a criminal court pursuant to RCW 11
13.40.110. In addition, for the purpose of community custody 12
requirements under this chapter, "offender" also means a misdemeanant 13
or gross misdemeanant probationer ordered by a superior court to 14
probation pursuant to RCW 9.92.060, 9.95.204, or 9.95.210 and 15
supervised by the department pursuant to RCW 9.94A.501 and 16
9.94A.5011. Throughout this chapter, the terms "offender" and 17
"defendant" are used interchangeably. 18
(36) "Partial confinement" means confinement for no more than one 19
year in a facility or institution operated or utilized under contract 20
by the state or any other unit of government, or, if home detention, 21
electronic monitoring, or work crew has been ordered by the court or 22
home detention has been ordered by the department as part of the 23
parenting program or the graduated reentry program, in an approved 24
residence, for a substantial portion of each day with the balance of 25
the day spent in the community. Partial confinement includes work 26
release, home detention, work crew, electronic monitoring, and a 27
combination of work crew, electronic monitoring, and home detention.28
(37) "Pattern of criminal street gang activity" means:29
(a) The commission, attempt, conspiracy, or solicitation of, or 30
any prior juvenile adjudication of or adult conviction of, two or 31
more of the following criminal street gang-related offenses:32
(i) Any "serious violent" felony offense as defined in this 33
section, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of a 34
Child 1 (RCW 9A.36.120); 35
(ii) Any "violent" offense as defined by this section, excluding 36
Assault of a Child 2 (RCW 9A.36.130); 37
(iii) Deliver or Possession with Intent to Deliver a Controlled 38
Substance (chapter 69.50 RCW); 39
p. 24 SB 5268
(iv) Any violation of the firearms and dangerous weapon act 1
(chapter 9.41 RCW); 2
(v) Theft of a Firearm (RCW 9A.56.300); 3
(vi) Possession of a Stolen Firearm (RCW 9A.56.310);4
(vii) Hate Crime (RCW 9A.36.080); 5
(viii) Harassment where a subsequent violation or deadly threat 6
is made (RCW 9A.46.020(2)(b)); 7
(ix) Criminal Gang Intimidation (RCW 9A.46.120);8
(x) Any felony conviction by a person 18 years of age or older 9
with a special finding of involving a juvenile in a felony offense 10
under RCW 9.94A.833; 11
(xi) Residential Burglary (RCW 9A.52.025); 12
(xii) Burglary 2 (RCW 9A.52.030); 13
(xiii) Malicious Mischief 1 (RCW 9A.48.070); 14
(xiv) Malicious Mischief 2 (RCW 9A.48.080); 15
(xv) Theft of a Motor Vehicle (RCW 9A.56.065);16
(xvi) Possession of a Stolen Motor Vehicle (RCW 9A.56.068);17
(xvii) Taking a Motor Vehicle Without Permission 1 (RCW 18
9A.56.070); 19
(xviii) Taking a Motor Vehicle Without Permission 2 (RCW 20
9A.56.075); 21
(xix) Extortion 1 (RCW 9A.56.120); 22
(xx) Extortion 2 (RCW 9A.56.130); 23
(xxi) Intimidating a Witness (RCW 9A.72.110); 24
(xxii) Tampering with a Witness (RCW 9A.72.120);25
(xxiii) Reckless Endangerment (RCW 9A.36.050);26
(xxiv) Coercion (RCW 9A.36.070); 27
(xxv) Harassment (RCW 9A.46.020); or 28
(xxvi) Malicious Mischief 3 (RCW 9A.48.090); 29
(b) That at least one of the offenses listed in (a) of this 30
subsection shall have occurred after July 1, 2008;31
(c) That the most recent committed offense listed in (a) of this 32
subsection occurred within three years of a prior offense listed in 33
(a) of this subsection; and 34
(d) Of the offenses that were committed in (a) of this 35
subsection, the offenses occurred on separate occasions or were 36
committed by two or more persons. 37
(38) "Persistent offender" is an offender who:38
(a)(i) Has been convicted in this state of any felony considered 39
a most serious offense; and 40
p. 25 SB 5268
(ii) Has, before the commission of the offense under (a) of this 1
subsection, been convicted as an offender on at least two separate 2
occasions, whether in this state or elsewhere, of felonies that under 3
the laws of this state would be considered most serious offenses and 4
would be included in the offender score under RCW 9.94A.525; provided 5
that of the two or more previous convictions, at least one conviction 6
must have occurred before the commission of any of the other most 7
serious offenses for which the offender was previously convicted; or8
(b)(i) Has been convicted of: (A) Rape in the first degree, rape 9
of a child in the first degree, child molestation in the first 10
degree, rape in the second degree, rape of a child in the second 11
degree, or indecent liberties by forcible compulsion; (B) any of the 12
following offenses with a finding of sexual motivation: Murder in the 13
first degree, murder in the second degree, homicide by abuse, 14
kidnapping in the first degree, kidnapping in the second degree, 15
assault in the first degree, assault in the second degree, assault of 16
a child in the first degree, assault of a child in the second degree, 17
or burglary in the first degree; or (C) an attempt to commit any 18
crime listed in this subsection (38)(b)(i); and 19
(ii) Has, before the commission of the offense under (b)(i) of 20
this subsection, been convicted as an offender on at least one 21
occasion, whether in this state or elsewhere, of an offense listed in 22
(b)(i) of this subsection or any federal or out-of-state offense or 23
offense under prior Washington law that is comparable to the offenses 24
listed in (b)(i) of this subsection. A conviction for rape of a child 25
in the first degree constitutes a conviction under (b)(i) of this 26
subsection only when the offender was 16 years of age or older when 27
the offender committed the offense. A conviction for rape of a child 28
in the second degree constitutes a conviction under (b)(i) of this 29
subsection only when the offender was 18 years of age or older when 30
the offender committed the offense. 31
(39) "Predatory" means: (a) The perpetrator of the crime was a 32
stranger to the victim, as defined in this section; (b) the 33
perpetrator established or promoted a relationship with the victim 34
prior to the offense and the victimization of the victim was a 35
significant reason the perpetrator established or promoted the 36
relationship; or (c) the perpetrator was: (i) A teacher, counselor, 37
volunteer, or other person in authority in any public or private 38
school and the victim was a student of the school under his or her 39
authority or supervision. For purposes of this subsection, "school" 40
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does not include home-based instruction as defined in RCW 1
28A.225.010; (ii) a coach, trainer, volunteer, or other person in 2
authority in any recreational activity and the victim was a 3
participant in the activity under his or her authority or 4
supervision; (iii) a pastor, elder, volunteer, or other person in 5
authority in any church or religious organization, and the victim was 6
a member or participant of the organization under his or her 7
authority; or (iv) a teacher, counselor, volunteer, or other person 8
in authority providing home-based instruction and the victim was a 9
student receiving home-based instruction while under his or her 10
authority or supervision. For purposes of this subsection: (A) "Home-11
based instruction" has the same meaning as defined in RCW 12
28A.225.010; and (B) "teacher, counselor, volunteer, or other person 13
in authority" does not include the parent or legal guardian of the 14
victim. 15
(40) "Private school" means a school regulated under chapter 16
28A.195 or 28A.205 RCW. 17
(41) "Public school" has the same meaning as in RCW 28A.150.010.18
(42) "Recidivist offense" means a felony offense where a prior 19
conviction of the same offense or other specified offense is an 20
element of the crime including, but not limited to:21
(a) Assault in the fourth degree where domestic violence is 22
pleaded and proven, RCW 9A.36.041(3); 23
(b) Cyber harassment, RCW 9A.90.120(2)(b)(i); 24
(c) Harassment, RCW 9A.46.020(2)(b)(i); 25
(d) Indecent exposure, RCW 9A.88.010(2)(c); 26
(e) Stalking, RCW 9A.46.110(5)(b) (i) and (iii);27
(f) Telephone harassment, RCW 9.61.230(2)(a); and28
(g) Violation of a no-contact or protection order, RCW 7.105.450 29
or former RCW 26.50.110(5). 30
(43) "Repetitive domestic violence offense" means any:31
(a)(i) Domestic violence assault that is not a felony offense 32
under RCW 9A.36.041; 33
(ii) Domestic violence violation of a no-contact order under 34
chapter 10.99 RCW that is not a felony offense; 35
(iii) Domestic violence violation of a protection order under 36
chapter 26.09, 26.26A, or 26.26B RCW or former chapter 26.50 RCW, or 37
violation of a domestic violence protection order under chapter 7.105 38
RCW, that is not a felony offense; 39
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(iv) Domestic violence harassment offense under RCW 9A.46.020 1
that is not a felony offense; or 2
(v) Domestic violence stalking offense under RCW 9A.46.110 that 3
is not a felony offense; or 4
(b) Any federal, out-of-state, tribal court, military, county, or 5
municipal conviction for an offense that under the laws of this state 6
would be classified as a repetitive domestic violence offense under 7
(a) of this subsection. 8
(44) "Restitution" means a specific sum of money ordered by the 9
sentencing court to be paid by the offender to the court over a 10
specified period of time as payment of damages. The sum may include 11
both public and private costs. 12
(45) "Risk assessment" means the application of the risk 13
instrument recommended to the department by the Washington state 14
institute for public policy as having the highest degree of 15
predictive accuracy for assessing an offender's risk of reoffense.16
(46) "Serious traffic offense" means: 17
(a)(i) Nonfelony driving while under the influence of 18
intoxicating liquor or any drug (RCW 46.61.502); 19
(ii) Nonfelony actual physical control while under the influence 20
of intoxicating liquor or any drug (RCW 46.61.504);21
(iii) Reckless driving (RCW 46.61.500); 22
(iv) Negligent driving if the conviction is the result of a 23
charge that was originally filed as a violation of RCW 46.61.502 or 24
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 25
46.61.522 while under the influence of intoxicating liquor or any 26
drug (RCW 46.61.5249); 27
(v) Reckless endangerment if the conviction is the result of a 28
charge that was originally filed as a violation of RCW 46.61.502 or 29
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 30
46.61.522 while under the influence of intoxicating liquor or any 31
drug (RCW 9A.36.050); or 32
(vi) Hit-and-run an attended vehicle (RCW 46.52.020(5)); or33
(b) Any federal, out-of-state, county, or municipal conviction 34
for an offense that under the laws of this state would be classified 35
as a serious traffic offense under (a) of this subsection.36
(c) This definition applies for the purpose of a personal 37
driver's license only and does not apply to violations related to a 38
commercial motor vehicle under RCW 46.25.090. 39
p. 28 SB 5268
(47) "Serious violent offense" is a subcategory of violent 1
offense and means: 2
(a)(i) Murder in the first degree; 3
(ii) Homicide by abuse; 4
(iii) Murder in the second degree; 5
(iv) Manslaughter in the first degree; 6
(v) Assault in the first degree; 7
(vi) Kidnapping in the first degree; 8
(vii) Rape in the first degree; 9
(viii) Assault of a child in the first degree; or10
(ix) An attempt, criminal solicitation, or criminal conspiracy to 11
commit one of these felonies; or 12
(b) 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
serious violent offense under (a) of this subsection.15
(48) "Sex offense" means: 16
(a)(i) A felony that is a violation of chapter 9A.44 RCW other 17
than RCW 9A.44.132; 18
(ii) A violation of RCW 9A.64.020; 19
(iii) A felony that is a violation of chapter 9.68A RCW other 20
than RCW 9.68A.080; 21
(iv) A felony that is, under chapter 9A.28 RCW, a criminal 22
attempt, criminal solicitation, or criminal conspiracy to commit such 23
crimes; or 24
(v) A felony violation of RCW 9A.44.132(1) (failure to register 25
as a sex offender) if the person has been convicted of violating RCW 26
9A.44.132(1) (failure to register as a sex offender) or 9A.44.130 27
prior to June 10, 2010, on at least one prior occasion;28
(b) Any conviction for a felony offense in effect at any time 29
prior to July 1, 1976, that is comparable to a felony classified as a 30
sex offense in (a) of this subsection; 31
(c) A felony with a finding of sexual motivation under RCW 32
9.94A.835 or 13.40.135; or 33
(d) Any federal or out-of-state conviction for an offense that 34
under the laws of this state would be a felony classified as a sex 35
offense under (a) of this subsection. 36
(49) "Sexual motivation" means that one of the purposes for which 37
the defendant committed the crime was for the purpose of his or her 38
sexual gratification. 39
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(50) "Standard sentence range" means the sentencing court's 1
discretionary range in imposing a nonappealable sentence.2
(51) "Statutory maximum sentence" means the maximum length of 3
time for which an offender may be confined as punishment for a crime 4
as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute 5
defining the crime, or other statute defining the maximum penalty for 6
a crime. 7
(52) "Stranger" means that the victim did not know the offender 8
24 hours before the offense. 9
(53) "Total confinement" means confinement inside the physical 10
boundaries of a facility or institution operated or utilized under 11
contract by the state or any other unit of government for 24 hours a 12
day, or pursuant to RCW 72.64.050 and 72.64.060. 13
(54) "Transition training" means written and verbal instructions 14
and assistance provided by the department to the offender during the 15
two weeks prior to the offender's successful completion of the work 16
ethic camp program. The transition training shall include 17
instructions in the offender's requirements and obligations during 18
the offender's period of community custody. 19
(55) "Victim" means any person who has sustained emotional, 20
psychological, physical, or financial injury to person or property as 21
a direct result of the crime charged. 22
(56) "Victim of domestic violence" means an intimate partner or 23
household member who has been subjected to the infliction of physical 24
harm or sexual and psychological abuse by an intimate partner or 25
household member as part of a pattern of assaultive, coercive, and 26
controlling behaviors directed at achieving compliance from or 27
control over that intimate partner or household member. Domestic 28
violence includes, but is not limited to, the offenses listed in RCW 29
10.99.020 and 26.50.010 committed by an intimate partner or household 30
member against a victim who is an intimate partner or household 31
member. 32
(57) "Victim of sex trafficking, prostitution, or commercial 33
sexual abuse of a minor" means a person who has been forced or 34
coerced to perform a commercial sex act including, but not limited 35
to, being a victim of offenses defined in RCW 9A.40.100, 9A.88.070, 36
9.68A.101, and the trafficking victims protection act of 2000, 22 37
U.S.C. Sec. 7101 et seq.; or a person who was induced to perform a 38
commercial sex act when they were less than 18 years of age including 39
but not limited to the offenses defined in chapter 9.68A RCW.40
p. 30 SB 5268
(58) "Victim of sexual assault" means any person who is a victim 1
of a sexual assault offense, nonconsensual sexual conduct, or 2
nonconsensual sexual penetration and as a result suffers physical, 3
emotional, financial, or psychological impacts. Sexual assault 4
offenses include, but are not limited to, the offenses defined in 5
chapter 9A.44 RCW. 6
(59) "Violent offense" means: 7
(a) Any of the following felonies: 8
(i) Any felony defined under any law as a class A felony or an 9
attempt to commit a class A felony; 10
(ii) Criminal solicitation of or criminal conspiracy to commit a 11
class A felony; 12
(iii) Manslaughter in the first degree; 13
(iv) Manslaughter in the second degree; 14
(v) Indecent liberties if committed by forcible compulsion;15
(vi) Kidnapping in the second degree; 16
(vii) Arson in the second degree; 17
(viii) Assault in the second degree; 18
(ix) Assault of a child in the second degree; 19
(x) Extortion in the first degree; 20
(xi) Robbery in the second degree; 21
(xii) Drive-by shooting; 22
(xiii) Vehicular assault, when caused by the operation or driving 23
of a vehicle by a person while under the influence of intoxicating 24
liquor or any drug or by the operation or driving of a vehicle in a 25
reckless manner; ((and))26
(xiv) Vehicular homicide, when proximately caused by the driving 27
of any vehicle by any person while under the influence of 28
intoxicating liquor or any drug as defined by RCW 46.61.502, or by 29
the operation of any vehicle in a reckless manner;30
(xv) Unlawful possession of a firearm in the first degree; and31
(xvi) Unlawful possession of a firearm in the second degree;32
(b) Any conviction for a felony offense in effect at any time 33
prior to July 1, 1976, that is comparable to a felony classified as a 34
violent offense in (a) of this subsection; and 35
(c) Any federal or out-of-state conviction for an offense that 36
under the laws of this state would be a felony classified as a 37
violent offense under (a) or (b) of this subsection.38
p. 31 SB 5268
(60) "Work crew" means a program of partial confinement 1
consisting of civic improvement tasks for the benefit of the 2
community that complies with RCW 9.94A.725. 3
(61) "Work ethic camp" means an alternative incarceration program 4
as provided in RCW 9.94A.690 designed to reduce recidivism and lower 5
the cost of corrections by requiring offenders to complete a 6
comprehensive array of real-world job and vocational experiences, 7
character-building work ethics training, life management skills 8
development, substance abuse rehabilitation, counseling, literacy 9
training, and basic adult education. 10
(62) "Work release" means a program of partial confinement 11
available to offenders who are employed or engaged as a student in a 12
regular course of study at school. 13
NEW SECTION. Sec. 3. Section 1 of this act expires January 1, 14
2026.15
NEW SECTION. Sec. 4. Section 2 of this act takes effect January 16
1, 2026.17
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