Organized retail theft

AN ACT Relating to creating a sentencing enhancement for 1
organized retail theft; and amending RCW 9.94A.533.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 9.94A.533 and 2024 c 301 s 28 are each amended to 4
read as follows: 5
(1) The provisions of this section apply to the standard sentence 6
ranges determined by RCW 9.94A.510 or 9.94A.517. 7
(2) For persons convicted of the anticipatory offenses of 8
criminal attempt, solicitation, or conspiracy under chapter 9A.28 9
RCW, the standard sentence range is determined by locating the 10
sentencing grid sentence range defined by the appropriate offender 11
score and the seriousness level of the completed crime, and 12
multiplying the range by seventy-five percent. 13
(3) The following additional times shall be added to the standard 14
sentence range for felony crimes committed after July 23, 1995, if 15
the offender or an accomplice was armed with a firearm as defined in 16
RCW 9.41.010 and the offender is being sentenced for one of the 17
crimes listed in this subsection as eligible for any firearm 18
enhancements based on the classification of the completed felony 19
crime. If the offender is being sentenced for more than one offense, 20
the firearm enhancement or enhancements must be added to the total 21
S-0213.1
SENATE BILL 5348
State of Washington 69th Legislature 2025 Regular Session
By Senator Fortunato
p. 1 SB 5348
period of confinement for all offenses, regardless of which 1
underlying offense is subject to a firearm enhancement. If the 2
offender or an accomplice was armed with a firearm as defined in RCW 3
9.41.010 and the offender is being sentenced for an anticipatory 4
offense under chapter 9A.28 RCW to commit one of the crimes listed in 5
this subsection as eligible for any firearm enhancements, the 6
following additional times shall be added to the standard sentence 7
range determined under subsection (2) of this section based on the 8
felony crime of conviction as classified under RCW 9A.28.020:9
(a) Five years for any felony defined under any law as a class A 10
felony or with a statutory maximum sentence of at least twenty years, 11
or both, and not covered under (f) of this subsection;12
(b) Three years for any felony defined under any law as a class B 13
felony or with a statutory maximum sentence of ten years, or both, 14
and not covered under (f) of this subsection; 15
(c) Eighteen months for any felony defined under any law as a 16
class C felony or with a statutory maximum sentence of five years, or 17
both, and not covered under (f) of this subsection;18
(d) If the offender is being sentenced for any firearm 19
enhancements under (a), (b), and/or (c) of this subsection and the 20
offender has previously been sentenced for any deadly weapon 21
enhancements after July 23, 1995, under (a), (b), and/or (c) of this 22
subsection or subsection (4)(a), (b), and/or (c) of this section, or 23
both, all firearm enhancements under this subsection shall be twice 24
the amount of the enhancement listed; 25
(e) Notwithstanding any other provision of law, all firearm 26
enhancements under this section are mandatory, shall be served in 27
total confinement, and shall run consecutively to all other 28
sentencing provisions, including other firearm or deadly weapon 29
enhancements, for all offenses sentenced under this chapter. However, 30
whether or not a mandatory minimum term has expired, an offender 31
serving a sentence under this subsection may be: 32
(i) Granted an extraordinary medical placement when authorized 33
under RCW 9.94A.728(1)(c); or 34
(ii) Released under the provisions of RCW 9.94A.730;35
(f) The firearm enhancements in this section shall apply to all 36
felony crimes except the following: Possession of a machine gun or 37
bump-fire stock, possessing a stolen firearm, drive-by shooting, 38
theft of a firearm, unlawful possession of a firearm in the first and 39
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second degree, and use of a machine gun or bump-fire stock in a 1
felony; 2
(g) If the standard sentence range under this section exceeds the 3
statutory maximum sentence for the offense, the statutory maximum 4
sentence shall be the presumptive sentence unless the offender is a 5
persistent offender. If the addition of a firearm enhancement 6
increases the sentence so that it would exceed the statutory maximum 7
for the offense, the portion of the sentence representing the 8
enhancement may not be reduced. 9
(4) The following additional times shall be added to the standard 10
sentence range for felony crimes committed after July 23, 1995, if 11
the offender or an accomplice was armed with a deadly weapon other 12
than a firearm as defined in RCW 9.41.010 and the offender is being 13
sentenced for one of the crimes listed in this subsection as eligible 14
for any deadly weapon enhancements based on the classification of the 15
completed felony crime. If the offender is being sentenced for more 16
than one offense, the deadly weapon enhancement or enhancements must 17
be added to the total period of confinement for all offenses, 18
regardless of which underlying offense is subject to a deadly weapon 19
enhancement. If the offender or an accomplice was armed with a deadly 20
weapon other than a firearm as defined in RCW 9.41.010 and the 21
offender is being sentenced for an anticipatory offense under chapter 22
9A.28 RCW to commit one of the crimes listed in this subsection as 23
eligible for any deadly weapon enhancements, the following additional 24
times shall be added to the standard sentence range determined under 25
subsection (2) of this section based on the felony crime of 26
conviction as classified under RCW 9A.28.020: 27
(a) Two years for any felony defined under any law as a class A 28
felony or with a statutory maximum sentence of at least twenty years, 29
or both, and not covered under (f) of this subsection;30
(b) One year for any felony defined under any law as a class B 31
felony or with a statutory maximum sentence of ten years, or both, 32
and not covered under (f) of this subsection; 33
(c) Six months for any felony defined under any law as a class C 34
felony or with a statutory maximum sentence of five years, or both, 35
and not covered under (f) of this subsection; 36
(d) If the offender is being sentenced under (a), (b), and/or (c) 37
of this subsection for any deadly weapon enhancements and the 38
offender has previously been sentenced for any deadly weapon 39
enhancements after July 23, 1995, under (a), (b), and/or (c) of this 40
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subsection or subsection (3)(a), (b), and/or (c) of this section, or 1
both, all deadly weapon enhancements under this subsection shall be 2
twice the amount of the enhancement listed; 3
(e) Notwithstanding any other provision of law, all deadly weapon 4
enhancements under this section are mandatory, shall be served in 5
total confinement, and shall run consecutively to all other 6
sentencing provisions, including other firearm or deadly weapon 7
enhancements, for all offenses sentenced under this chapter. However, 8
whether or not a mandatory minimum term has expired, an offender 9
serving a sentence under this subsection may be: 10
(i) Granted an extraordinary medical placement when authorized 11
under RCW 9.94A.728(1)(c); or 12
(ii) Released under the provisions of RCW 9.94A.730;13
(f) The deadly weapon enhancements in this section shall apply to 14
all felony crimes except the following: Possession of a machine gun 15
or bump-fire stock, possessing a stolen firearm, drive-by shooting, 16
theft of a firearm, unlawful possession of a firearm in the first and 17
second degree, and use of a machine gun or bump-fire stock in a 18
felony; 19
(g) If the standard sentence range under this section exceeds the 20
statutory maximum sentence for the offense, the statutory maximum 21
sentence shall be the presumptive sentence unless the offender is a 22
persistent offender. If the addition of a deadly weapon enhancement 23
increases the sentence so that it would exceed the statutory maximum 24
for the offense, the portion of the sentence representing the 25
enhancement may not be reduced. 26
(5) The following additional times shall be added to the standard 27
sentence range if the offender or an accomplice committed the offense 28
while in a county jail or state correctional facility and the 29
offender is being sentenced for one of the crimes listed in this 30
subsection. If the offender or an accomplice committed one of the 31
crimes listed in this subsection while in a county jail or state 32
correctional facility, and the offender is being sentenced for an 33
anticipatory offense under chapter 9A.28 RCW to commit one of the 34
crimes listed in this subsection, the following additional times 35
shall be added to the standard sentence range determined under 36
subsection (2) of this section: 37
(a) Eighteen months for offenses committed under RCW 69.50.401(2) 38
(a) or (b) or 69.50.410; 39
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(b) Fifteen months for offenses committed under RCW 69.50.401(2) 1
(c), (d), or (e); 2
(c) Twelve months for offenses committed under RCW 69.50.4013.3
For the purposes of this subsection, all of the real property of 4
a state correctional facility or county jail shall be deemed to be 5
part of that facility or county jail. 6
(6) An additional twenty-four months shall be added to the 7
standard sentence range for any ranked offense involving a violation 8
of chapter 69.50 RCW if the offense was also a violation of RCW 9
69.50.435 or 9.94A.827. All enhancements under this subsection shall 10
run consecutively to all other sentencing provisions, for all 11
offenses sentenced under this chapter. 12
(7) An additional two years shall be added to the standard 13
sentence range for vehicular homicide committed while under the 14
influence of intoxicating liquor or any drug as defined by RCW 15
46.61.502 for each prior offense as defined in RCW 46.61.5055.16
Notwithstanding any other provision of law, all impaired driving 17
enhancements under this subsection are mandatory, shall be served in 18
total confinement, and shall run consecutively to all other 19
sentencing provisions, including other impaired driving enhancements, 20
for all offenses sentenced under this chapter. 21
An offender serving a sentence under this subsection may be 22
granted an extraordinary medical placement when authorized under RCW 23
9.94A.728(1)(c). 24
(8)(a) The following additional times shall be added to the 25
standard sentence range for felony crimes committed on or after July 26
1, 2006, if the offense was committed with sexual motivation, as that 27
term is defined in RCW 9.94A.030. If the offender is being sentenced 28
for more than one offense, the sexual motivation enhancement must be 29
added to the total period of total confinement for all offenses, 30
regardless of which underlying offense is subject to a sexual 31
motivation enhancement. If the offender committed the offense with 32
sexual motivation and the offender is being sentenced for an 33
anticipatory offense under chapter 9A.28 RCW, the following 34
additional times shall be added to the standard sentence range 35
determined under subsection (2) of this section based on the felony 36
crime of conviction as classified under RCW 9A.28.020:37
(i) Two years for any felony defined under the law as a class A 38
felony or with a statutory maximum sentence of at least twenty years, 39
or both; 40
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(ii) Eighteen months for any felony defined under any law as a 1
class B felony or with a statutory maximum sentence of ten years, or 2
both; 3
(iii) One year for any felony defined under any law as a class C 4
felony or with a statutory maximum sentence of five years, or both;5
(iv) If the offender is being sentenced for any sexual motivation 6
enhancements under (a)(i), (ii), and/or (iii) of this subsection and 7
the offender has previously been sentenced for any sexual motivation 8
enhancements on or after July 1, 2006, under (a)(i), (ii), and/or 9
(iii) of this subsection, all sexual motivation enhancements under 10
this subsection shall be twice the amount of the enhancement listed;11
(b) Notwithstanding any other provision of law, all sexual 12
motivation enhancements under this subsection are mandatory, shall be 13
served in total confinement, and shall run consecutively to all other 14
sentencing provisions, including other sexual motivation 15
enhancements, for all offenses sentenced under this chapter. However, 16
whether or not a mandatory minimum term has expired, an offender 17
serving a sentence under this subsection may be: 18
(i) Granted an extraordinary medical placement when authorized 19
under RCW 9.94A.728(1)(c); or 20
(ii) Released under the provisions of RCW 9.94A.730;21
(c) The sexual motivation enhancements in this subsection apply 22
to all felony crimes; 23
(d) If the standard sentence range under this subsection exceeds 24
the statutory maximum sentence for the offense, the statutory maximum 25
sentence shall be the presumptive sentence unless the offender is a 26
persistent offender. If the addition of a sexual motivation 27
enhancement increases the sentence so that it would exceed the 28
statutory maximum for the offense, the portion of the sentence 29
representing the enhancement may not be reduced; 30
(e) The portion of the total confinement sentence which the 31
offender must serve under this subsection shall be calculated before 32
any earned early release time is credited to the offender;33
(f) Nothing in this subsection prevents a sentencing court from 34
imposing a sentence outside the standard sentence range pursuant to 35
RCW 9.94A.535. 36
(9) An additional one -year enhancement shall be added to the 37
standard sentence range for the felony crimes of RCW 9A.44.073, 38
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089 committed on 39
or after July 22, 2007, if the offender engaged, agreed, or offered 40
p. 6 SB 5348
to engage the victim in the sexual conduct in return for a fee. If 1
the offender is being sentenced for more than one offense, the 2
one-year enhancement must be added to the total period of total 3
confinement for all offenses, regardless of which underlying offense 4
is subject to the enhancement. If the offender is being sentenced for 5
an anticipatory offense for the felony crimes of RCW 9A.44.073, 6
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, and the 7
offender attempted, solicited another, or conspired to engage, agree, 8
or offer to engage the victim in the sexual conduct in return for a 9
fee, an additional one -year enhancement shall be added to the 10
standard sentence range determined under subsection (2) of this 11
section. For purposes of this subsection, "sexual conduct" means 12
sexual intercourse or sexual contact, both as defined in chapter 13
9A.44 RCW. 14
(10)(a) For a person age eighteen or older convicted of any 15
criminal street gang-related felony offense for which the person 16
compensated, threatened, or solicited a minor in order to involve the 17
minor in the commission of the felony offense, the standard sentence 18
range is determined by locating the sentencing grid sentence range 19
defined by the appropriate offender score and the seriousness level 20
of the completed crime, and multiplying the range by one hundred 21
twenty-five percent. If the standard sentence range under this 22
subsection exceeds the statutory maximum sentence for the offense, 23
the statutory maximum sentence is the presumptive sentence unless the 24
offender is a persistent offender. 25
(b) This subsection does not apply to any criminal street gang-26
related felony offense for which involving a minor in the commission 27
of the felony offense is an element of the offense.28
(c) The increased penalty specified in (a) of this subsection is 29
unavailable in the event that the prosecution gives notice that it 30
will seek an exceptional sentence based on an aggravating factor 31
under RCW 9.94A.535. 32
(11) An additional twelve months and one day shall be added to 33
the standard sentence range for a conviction of attempting to elude a 34
police vehicle as defined by RCW 46.61.024, if the conviction 35
included a finding by special allegation of endangering one or more 36
persons under RCW 9.94A.834. 37
(12) An additional twelve months shall be added to the standard 38
sentence range for an offense that is also a violation of RCW 39
9.94A.831. 40
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(13) An additional twelve months shall be added to the standard 1
sentence range for vehicular homicide committed while under the 2
influence of intoxicating liquor or any drug as defined by RCW 3
46.61.520 or for vehicular assault committed while under the 4
influence of intoxicating liquor or any drug as defined by RCW 5
46.61.522, or for any felony driving under the influence (RCW 6
46.61.502(6)) or felony physical control under the influence (RCW 7
46.61.504(6)) for each child passenger under the age of sixteen who 8
is an occupant in the defendant's vehicle. These enhancements shall 9
be mandatory, shall be served in total confinement, and shall run 10
consecutively to all other sentencing provisions, including other 11
minor child enhancements, for all offenses sentenced under this 12
chapter. If the addition of a minor child enhancement increases the 13
sentence so that it would exceed the statutory maximum for the 14
offense, the portion of the sentence representing the enhancement 15
shall be mandatory, shall be served in total confinement, and shall 16
run consecutively to all other sentencing provisions.17
(14) An additional twelve months shall be added to the standard 18
sentence range for an offense that is also a violation of RCW 19
9.94A.832. 20
(15) An additional 12 months may, at the discretion of the court, 21
be added to the standard sentence range for an offense that is also a 22
violation of RCW 9.94A.828. 23
(16) An additional 12 months shall be added to the standard 24
sentence range for a conviction of organized retail theft as defined 25
by RCW 9A.56.350 if the conviction included a finding by special 26
allegation that the aggregate value of property exceeds $25,000.27
(17) Regardless of any provisions in this section, if a person is 28
being sentenced in adult court for a crime committed under age 29
eighteen, the court has full discretion to depart from mandatory 30
sentencing enhancements and to take the particular circumstances 31
surrounding the defendant's youth into account. 32
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