Persistent offenders

AN ACT Relating to modifying the definition of persistent 1
offender to exclude convictions for offenses committed by someone 2
under the age of 18 and providing for resentencing; amending RCW 3
9.94A.030; adding a new section to chapter 9.94A RCW; and creating 4
new sections. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The legislature recognizes that in Miller 7
v. Alabama , 567 U.S. 460 (2012), the United States supreme court 8
affirmed that sentencing youth to mandatory life without parole for 9
certain offenses committed under the age of 18 constitutes cruel and 10
unusual punishment when the sentencing court does not consider youth 11
or its attendant characteristics as a mitigating factor. The 12
Washington state supreme court subsequently confirmed that such 13
mandatory life without parole sentencing schemes are unconstitutional 14
for youth, regardless of whether a court considers youth and its 15
attendant characteristics as mitigating factors in State v. Bassett , 16
192 Wn.2d 67, 428 P.3d 343 (2018). These landmark decisions reflect 17
the advancement of brain development science and a growing national 18
and state understanding that children are fundamentally different 19
from adults in their capacity for judgment, impulse control, and 20
potential for rehabilitation.21
S-3593.2
SENATE BILL 5945
State of Washington 69th Legislature 2026 Regular Session
By Senators Hasegawa, C. Wilson, and Nobles
Prefiled 12/29/25. Read first time 01/12/26. Referred to Committee
on Human Services.
p. 1 SB 5945
The legislature finds that it established section 9, chapter 130, 1
Laws of 2014 to comply with Miller but only applying to prospective 2
cases, creating an injustice for a small number of individuals whose 3
qualifying crime as a youth was committed before the implementation 4
date of the bill. 5
The legislature finds that, despite the Miller v. Alabama , 567 6
U.S. 460 (2012) and State v. Bassett , 192 Wn.2d 67, 428 P.3d 343 7
(2018) rulings and section 9, chapter 130, Laws of 2014, a very small 8
number of individuals in Washington remain incarcerated for offenses 9
committed as juveniles, having received "strike" sentences following 10
prosecution in adult court. This outcome is inconsistent with the 11
spirit and intent of both Miller v. Alabama , 567 U.S. 460 (2012) and 12
State v. Bassett, 192 Wn.2d 67, 428 P.3d 343 (2018).13
The legislature further finds that this disparity undermines 14
fairness and equal treatment under the law and fails to reflect 15
contemporary scientific understandings of adolescent brain 16
development and the increased capacity youth have for growth and 17
rehabilitation. 18
Therefore, the legislature intends to update the persistent 19
offender statute to ensure that youth are treated in a manner 20
consistent with the spirit and intent of Miller v. Alabama , 567 U.S. 21
460 (2012) and State v. Bassett , 192 Wn.2d 67, 428 P.3d 343 (2018), 22
contemporary science, and fundamental principles of fairness and 23
equal treatment under the law. This update is intended to clarify 24
constitutional protections for youth, promote equitable sentencing 25
practices, and reflect society's understanding that children, even 26
when held accountable, possess a unique capacity for rehabilitation.27
Sec. 2. RCW 9.94A.030 and 2025 c 407 s 3 are each amended to 28
read as follows: 29
Unless the context clearly requires otherwise, the definitions in 30
this section apply throughout this chapter. 31
(1) "Board" means the indeterminate sentence review board created 32
under chapter 9.95 RCW. 33
(2) "Collect," or any derivative thereof, "collect and remit," or 34
"collect and deliver," when used with reference to the department, 35
means that the department, either directly or through a collection 36
agreement authorized by RCW 9.94A.760, is responsible for monitoring 37
and enforcing the offender's sentence with regard to the legal 38
financial obligation, receiving payment thereof from the offender, 39
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and, consistent with current law, delivering daily the entire payment 1
to the superior court clerk without depositing it in a departmental 2
account. 3
(3) "Commission" means the sentencing guidelines commission.4
(4) "Community corrections officer" means an employee of the 5
department who is responsible for carrying out specific duties in 6
supervision of sentenced offenders and monitoring of sentence 7
conditions. 8
(5) "Community custody" means that portion of an offender's 9
sentence of confinement in lieu of earned release time or imposed as 10
part of a sentence under this chapter and served in the community 11
subject to controls placed on the offender's movement and activities 12
by the department. 13
(6) "Community protection zone" means the area within 880 feet of 14
the facilities and grounds of a public or private school.15
(7) "Community restitution" means compulsory service, without 16
compensation, performed for the benefit of the community by the 17
offender. 18
(8) "Confinement" means total or partial confinement.19
(9) "Conviction" means an adjudication of guilt pursuant to Title 20
10 or 13 RCW and includes a verdict of guilty, a finding of guilty, 21
and acceptance of a plea of guilty. 22
(10) "Crime-related prohibition" means an order of a court 23
prohibiting conduct that directly relates to the circumstances of the 24
crime for which the offender has been convicted, and shall not be 25
construed to mean orders directing an offender affirmatively to 26
participate in rehabilitative programs or to otherwise perform 27
affirmative conduct. However, affirmative acts necessary to monitor 28
compliance with the order of a court may be required by the 29
department. 30
(11) "Criminal history" means the list of a defendant's prior 31
convictions and juvenile adjudications, whether in this state, in 32
federal court, or elsewhere, and any issued certificates of 33
restoration of opportunity pursuant to RCW 9.97.020.34
(a) The history shall include, where known, for each conviction 35
(i) whether the defendant has been placed on probation and the length 36
and terms thereof; and (ii) whether the defendant has been 37
incarcerated and the length of incarceration. 38
(b) A conviction may be removed from a defendant's criminal 39
history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 40
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9.95.240, or a similar out-of-state statute, or if the conviction has 1
been vacated pursuant to a governor's pardon. However, when a 2
defendant is charged with a recidivist offense, "criminal history" 3
includes a vacated prior conviction for the sole purpose of 4
establishing that such vacated prior conviction constitutes an 5
element of the present recidivist offense as provided in RCW 6
9.94A.640(4)(b) and 9.96.060(8)(c). 7
(c) The determination of a defendant's criminal history is 8
distinct from the determination of an offender score. A prior 9
conviction that was not included in an offender score calculated 10
pursuant to a former version of the sentencing reform act remains 11
part of the defendant's criminal history. 12
(12) "Criminal street gang" means any ongoing organization, 13
association, or group of three or more persons, whether formal or 14
informal, having a common name or common identifying sign or symbol, 15
having as one of its primary activities the commission of criminal 16
acts, and whose members or associates individually or collectively 17
engage in or have engaged in a pattern of criminal street gang 18
activity. This definition does not apply to employees engaged in 19
concerted activities for their mutual aid and protection, or to the 20
activities of labor and bona fide nonprofit organizations or their 21
members or agents. 22
(13) "Criminal street gang associate or member" means any person 23
who actively participates in any criminal street gang and who 24
intentionally promotes, furthers, or assists in any criminal act by 25
the criminal street gang. 26
(14) "Criminal street gang-related offense" means any felony or 27
misdemeanor offense, whether in this state or elsewhere, that is 28
committed for the benefit of, at the direction of, or in association 29
with any criminal street gang, or is committed with the intent to 30
promote, further, or assist in any criminal conduct by the gang, or 31
is committed for one or more of the following reasons:32
(a) To gain admission, prestige, or promotion within the gang;33
(b) To increase or maintain the gang's size, membership, 34
prestige, dominance, or control in any geographical area;35
(c) To exact revenge or retribution for the gang or any member of 36
the gang; 37
(d) To obstruct justice, or intimidate or eliminate any witness 38
against the gang or any member of the gang; 39
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(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
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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
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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
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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
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(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
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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 up to 18 months in a 19
facility or institution operated or utilized under contract by the 20
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
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(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
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(a)(i) Has been convicted in this state of any felony considered 1
a most serious offense and was 18 years of age or older on the 2
offense date; and 3
(ii) Has, before the commission of the offense under (a) of this 4
subsection, been convicted as an offender , and was 18 years of age or 5
older on the offense date, on at least two separate occasions, 6
whether in this state or elsewhere, of felonies that under the laws 7
of this state would be considered most serious offenses and would be 8
included in the offender score under RCW 9.94A.525; provided that of 9
the two or more previous convictions, at least one conviction must 10
have occurred before the commission of any of the other most serious 11
offenses for which the offender was previously convicted; or12
(b)(i) Has been convicted , and was 18 years of age or older on 13
the offense date, of: (A) Rape in the first degree, rape of a child 14
in the first degree, child molestation in the first degree, rape in 15
the second degree, rape of a child in the second degree, or indecent 16
liberties by forcible compulsion; (B) any of the following offenses 17
with a finding of sexual motivation: Murder in the first degree, 18
murder in the second degree, homicide by abuse, kidnapping in the 19
first degree, kidnapping in the second degree, assault in the first 20
degree, assault in the second degree, assault of a child in the first 21
degree, assault of a child in the second degree, or burglary in the 22
first degree; or (C) an attempt to commit any crime listed in this 23
subsection (38)(b)(i); and 24
(ii) Has, before the commission of the offense under (b)(i) of 25
this subsection, been convicted as an offender , and was 18 years of 26
age or older on the offense date, on at least one occasion, whether 27
in this state or elsewhere, of an offense listed in (b)(i) of this 28
subsection or any federal or out-of-state offense or offense under 29
prior Washington law that is comparable to the offenses listed in 30
(b)(i) of this subsection. ((A conviction for rape of a child in the 31
first degree constitutes a conviction under (b)(i) of this subsection 32
only when the offender was 16 years of age or older when the offender 33
committed the offense. A conviction for rape of a child in the second 34
degree constitutes a conviction under (b)(i) of this subsection only 35
when the offender was 18 years of age or older when the offender 36
committed the offense.))37
(39) "Predatory" means: (a) The perpetrator of the crime was a 38
stranger to the victim, as defined in this section; (b) the 39
perpetrator established or promoted a relationship with the victim 40
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prior to the offense and the victimization of the victim was a 1
significant reason the perpetrator established or promoted the 2
relationship; or (c) the perpetrator was: (i) A teacher, counselor, 3
volunteer, or other person in authority in any public or private 4
school and the victim was a student of the school under his or her 5
authority or supervision. For purposes of this subsection, "school" 6
does not include home-based instruction as defined in RCW 7
28A.225.010; (ii) a coach, trainer, volunteer, or other person in 8
authority in any recreational activity and the victim was a 9
participant in the activity under his or her authority or 10
supervision; (iii) a pastor, elder, volunteer, or other person in 11
authority in any church or religious organization, and the victim was 12
a member or participant of the organization under his or her 13
authority; or (iv) a teacher, counselor, volunteer, or other person 14
in authority providing home-based instruction and the victim was a 15
student receiving home-based instruction while under his or her 16
authority or supervision. For purposes of this subsection: (A) "Home-17
based instruction" has the same meaning as defined in RCW 18
28A.225.010; and (B) "teacher, counselor, volunteer, or other person 19
in authority" does not include the parent or legal guardian of the 20
victim. 21
(40) "Private school" means a school regulated under chapter 22
28A.195 or 28A.205 RCW. 23
(41) "Public school" has the same meaning as in RCW 28A.150.010.24
(42) "Recidivist offense" means a felony offense where a prior 25
conviction of the same offense or other specified offense is an 26
element of the crime including, but not limited to:27
(a) Assault in the fourth degree where domestic violence is 28
pleaded and proven, RCW 9A.36.041(3); 29
(b) Cyber harassment, RCW 9A.90.120(2)(b)(i); 30
(c) Harassment, RCW 9A.46.020(2)(b)(i); 31
(d) Indecent exposure, RCW 9A.88.010(2)(c); 32
(e) Stalking, RCW 9A.46.110(5)(b) (i) and (iii);33
(f) Telephone harassment, RCW 9.61.230(2)(a); and34
(g) Violation of a no-contact or protection order, RCW 7.105.450 35
or former RCW 26.50.110(5). 36
(43) "Repetitive domestic violence offense" means any:37
(a)(i) Domestic violence assault that is not a felony offense 38
under RCW 9A.36.041; 39
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(ii) Domestic violence violation of a no-contact order under 1
chapter 10.99 RCW that is not a felony offense; 2
(iii) Domestic violence violation of a protection order under 3
chapter 26.09, 26.26A, or 26.26B RCW or former chapter 26.50 RCW, or 4
violation of a domestic violence protection order under chapter 7.105 5
RCW, that is not a felony offense; 6
(iv) Domestic violence harassment offense under RCW 9A.46.020 7
that is not a felony offense; or 8
(v) Domestic violence stalking offense under RCW 9A.46.110 that 9
is not a felony offense; or 10
(b) Any federal, out-of-state, tribal court, military, county, or 11
municipal conviction for an offense that under the laws of this state 12
would be classified as a repetitive domestic violence offense under 13
(a) of this subsection. 14
(44) "Restitution" means a specific sum of money ordered by the 15
sentencing court to be paid by the offender to the court over a 16
specified period of time as payment of damages. The sum may include 17
both public and private costs. 18
(45) "Risk assessment" means the application of the risk 19
instrument recommended to the department by the Washington state 20
institute for public policy as having the highest degree of 21
predictive accuracy for assessing an offender's risk of reoffense.22
(46) "Serious traffic offense" means: 23
(a)(i) Nonfelony driving while under the influence of 24
intoxicating liquor or any drug (RCW 46.61.502); 25
(ii) Nonfelony actual physical control while under the influence 26
of intoxicating liquor or any drug (RCW 46.61.504);27
(iii) Reckless driving (RCW 46.61.500); 28
(iv) Negligent driving if the conviction is the result of a 29
charge that was originally filed as a violation of RCW 46.61.502 or 30
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 31
46.61.522 while under the influence of intoxicating liquor or any 32
drug (RCW 46.61.5249); 33
(v) Reckless endangerment if the conviction is the result of a 34
charge that was originally filed as a violation of RCW 46.61.502 or 35
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 36
46.61.522 while under the influence of intoxicating liquor or any 37
drug (RCW 9A.36.050); or 38
(vi) Hit-and-run an attended vehicle (RCW 46.52.020(5)); or39
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(b) Any federal, out-of-state, county, or municipal conviction 1
for an offense that under the laws of this state would be classified 2
as a serious traffic offense under (a) of this subsection.3
(c) This definition applies for the purpose of a personal 4
driver's license only and does not apply to violations related to a 5
commercial motor vehicle under RCW 46.25.090. 6
(47) "Serious violent offense" is a subcategory of violent 7
offense and means: 8
(a)(i) Murder in the first degree; 9
(ii) Homicide by abuse; 10
(iii) Murder in the second degree; 11
(iv) Manslaughter in the first degree; 12
(v) Assault in the first degree; 13
(vi) Kidnapping in the first degree; 14
(vii) Rape in the first degree; 15
(viii) Assault of a child in the first degree; or16
(ix) An attempt, criminal solicitation, or criminal conspiracy to 17
commit one of these felonies; or 18
(b) Any federal or out-of-state conviction for an offense that 19
under the laws of this state would be a felony classified as a 20
serious violent offense under (a) of this subsection.21
(48) "Sex offense" means: 22
(a)(i) A felony that is a violation of chapter 9A.44 RCW other 23
than RCW 9A.44.132; 24
(ii) A violation of RCW 9A.64.020; 25
(iii) A felony that is a violation of chapter 9.68A RCW other 26
than RCW 9.68A.080; 27
(iv) A felony that is, under chapter 9A.28 RCW, a criminal 28
attempt, criminal solicitation, or criminal conspiracy to commit such 29
crimes; or 30
(v) A felony violation of RCW 9A.44.132(1) (failure to register 31
as a sex offender) if the person has been convicted of violating RCW 32
9A.44.132(1) (failure to register as a sex offender) or 9A.44.130 33
prior to June 10, 2010, on at least one prior occasion;34
(b) Any conviction for a felony offense in effect at any time 35
prior to July 1, 1976, that is comparable to a felony classified as a 36
sex offense in (a) of this subsection; 37
(c) A felony with a finding of sexual motivation under RCW 38
9.94A.835 or 13.40.135; or 39
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(d) Any federal or out-of-state conviction for an offense that 1
under the laws of this state would be a felony classified as a sex 2
offense under (a) of this subsection. 3
(49) "Sexual motivation" means that one of the purposes for which 4
the defendant committed the crime was for the purpose of his or her 5
sexual gratification. 6
(50) "Standard sentence range" means the sentencing court's 7
discretionary range in imposing a nonappealable sentence.8
(51) "Statutory maximum sentence" means the maximum length of 9
time for which an offender may be confined as punishment for a crime 10
as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute 11
defining the crime, or other statute defining the maximum penalty for 12
a crime. 13
(52) "Stranger" means that the victim did not know the offender 14
24 hours before the offense. 15
(53) "Total confinement" means confinement inside the physical 16
boundaries of a facility or institution operated or utilized under 17
contract by the state or any other unit of government for 24 hours a 18
day, or pursuant to RCW 72.64.050 and 72.64.060. 19
(54) "Transition training" means written and verbal instructions 20
and assistance provided by the department to the offender during the 21
two weeks prior to the offender's successful completion of the work 22
ethic camp program. The transition training shall include 23
instructions in the offender's requirements and obligations during 24
the offender's period of community custody. 25
(55) "Victim" means any person who has sustained emotional, 26
psychological, physical, or financial injury to person or property as 27
a direct result of the crime charged. 28
(56) "Victim of domestic violence" means an intimate partner or 29
household member who has been subjected to the infliction of physical 30
harm or sexual and psychological abuse by an intimate partner or 31
household member as part of a pattern of assaultive, coercive, and 32
controlling behaviors directed at achieving compliance from or 33
control over that intimate partner or household member. Domestic 34
violence includes, but is not limited to, the offenses listed in RCW 35
10.99.020 and 26.50.010 committed by an intimate partner or household 36
member against a victim who is an intimate partner or household 37
member. 38
(57) "Victim of sex trafficking, prostitution, or commercial 39
sexual abuse of a minor" means a person who has been forced or 40
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coerced to perform a commercial sex act including, but not limited 1
to, being a victim of offenses defined in RCW 9A.40.100, 9A.88.070, 2
9.68A.101, and the trafficking victims protection act of 2000, 22 3
U.S.C. Sec. 7101 et seq.; or a person who was induced to perform a 4
commercial sex act when they were less than 18 years of age including 5
but not limited to the offenses defined in chapter 9.68A RCW.6
(58) "Victim of sexual assault" means any person who is a victim 7
of a sexual assault offense, nonconsensual sexual conduct, or 8
nonconsensual sexual penetration and as a result suffers physical, 9
emotional, financial, or psychological impacts. Sexual assault 10
offenses include, but are not limited to, the offenses defined in 11
chapter 9A.44 RCW. 12
(59) "Violent offense" means: 13
(a) Any of the following felonies: 14
(i) Any felony defined under any law as a class A felony or an 15
attempt to commit a class A felony; 16
(ii) Criminal solicitation of or criminal conspiracy to commit a 17
class A felony; 18
(iii) Manslaughter in the first degree; 19
(iv) Manslaughter in the second degree; 20
(v) Indecent liberties if committed by forcible compulsion;21
(vi) Kidnapping in the second degree; 22
(vii) Arson in the second degree; 23
(viii) Assault in the second degree; 24
(ix) Assault of a child in the second degree; 25
(x) Extortion in the first degree; 26
(xi) Robbery in the second degree; 27
(xii) Drive-by shooting; 28
(xiii) Vehicular assault, when caused by the operation or driving 29
of a vehicle by a person while under the influence of intoxicating 30
liquor or any drug or by the operation or driving of a vehicle in a 31
reckless manner; and 32
(xiv) Vehicular homicide, when proximately caused by the driving 33
of any vehicle by any person while under the influence of 34
intoxicating liquor or any drug as defined by RCW 46.61.502, or by 35
the operation of any vehicle in a reckless manner;36
(b) Any conviction for a felony offense in effect at any time 37
prior to July 1, 1976, that is comparable to a felony classified as a 38
violent offense in (a) of this subsection; and 39
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(c) Any federal or out-of-state conviction for an offense that 1
under the laws of this state would be a felony classified as a 2
violent offense under (a) or (b) of this subsection.3
(60) "Work crew" means a program of partial confinement 4
consisting of civic improvement tasks for the benefit of the 5
community that complies with RCW 9.94A.725. 6
(61) "Work ethic camp" means an alternative incarceration program 7
as provided in RCW 9.94A.690 designed to reduce recidivism and lower 8
the cost of corrections by requiring offenders to complete a 9
comprehensive array of real-world job and vocational experiences, 10
character-building work ethics training, life management skills 11
development, substance abuse rehabilitation, counseling, literacy 12
training, and basic adult education. 13
(62) "Work release" means a program of partial confinement 14
available to offenders who are employed or engaged as a student in a 15
regular course of study at school. 16
NEW SECTION. Sec. 3. A new section is added to chapter 9.94A 17
RCW to read as follows: 18
(1) In any criminal case wherein a person has been sentenced as a 19
persistent offender, the person must have a resentencing hearing if a 20
conviction for an offense that occurred when the offender was under 21
the age of 18 was used as a basis for the finding that the person was 22
a persistent offender. The prosecuting attorney for the county in 23
which any offender was sentenced as a persistent offender shall 24
review each sentencing document. If a conviction for an offense that 25
occurred when the person was under the age of 18 was used as a basis 26
for a finding that an offender was a persistent offender, the 27
prosecuting attorney shall, or the person may, make a motion for 28
relief from sentence to the original sentencing court.29
(2) The sentencing court shall grant the motion if it finds that 30
a conviction for an offense that was committed when the person was 31
under the age of 18 was used as a basis for a finding that the person 32
was a persistent offender and shall immediately set an expedited date 33
for resentencing. At resentencing, the court shall sentence the 34
person as if the conviction for an offense occurring under the age of 35
18 was not a most serious offense at the time the original sentence 36
was imposed. 37
(3) Notwithstanding the provisions of RCW 9.94A.345, for purposes 38
of resentencing under this section or sentencing any person as a 39
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persistent offender after the effective date of this section, an 1
offense occurring when the offender was under the age of 18 shall not 2
be considered a most serious offense regardless of whether the 3
offense was committed before, on, or after the effective date of 4
chapter 187, Laws of 2019 [July 28, 2019]. 5
NEW SECTION. Sec. 4. This act applies retroactively to persons 6
incarcerated in total confinement as persistent offenders on the 7
effective date of this section, regardless of the date of the offense 8
or conviction that resulted in the person being sentenced as a 9
persistent offender.10
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