Out-of-state convictions

AN ACT Relating to out-of-state convictions; amending RCW 1
9.94A.525; and creating a new section. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
NEW SECTION. Sec. 1. The purpose of this legislation is to 4
respond to the Washington supreme court's decision in State v. Lewis, 5
No. 102910-1 (July 17, 2025). The legislature intends to clarify an 6
ambiguity identified in the sentencing reform act by expressly 7
stating that foreign convictions are to be considered when 8
calculating an offender's score.9
Sec. 2. RCW 9.94A.525 and 2024 c 306 s 6 are each amended to 10
read as follows: 11
The offender score is measured on the horizontal axis of the 12
sentencing grid. The offender score rules are as follows:13
The offender score is the sum of points accrued under this 14
section rounded down to the nearest whole number. 15
(1)(a) A prior conviction is a conviction which exists before the 16
date of sentencing for the offense for which the offender score is 17
being computed. Convictions entered or sentenced on the same date as 18
the conviction for which the offender score is being computed shall 19
S-3927.1
SENATE BILL 6203
State of Washington 69th Legislature 2026 Regular Session
By Senators Boehnke, Dozier, Torres, Goehner, Schoesler, Wagoner,
Christian, and Dhingra
Read first time 01/16/26. Referred to Committee on Law & Justice.
p. 1 SB 6203
be deemed "other current offenses" within the meaning of RCW 1
9.94A.589. 2
(b) For the purposes of this section, adjudications of guilt 3
pursuant to Title 13 RCW which are not murder in the first or second 4
degree or class A felony sex offenses may not be included in the 5
offender score. 6
(2)(a) Class A and sex prior felony convictions shall always be 7
included in the offender score. 8
(b) Class B prior felony convictions other than sex offenses 9
shall not be included in the offender score, if since the last date 10
of release from confinement (including full-time residential 11
treatment) pursuant to a felony conviction, if any, or entry of 12
judgment and sentence, the offender had spent 10 consecutive years in 13
the community without committing any crime that subsequently results 14
in a conviction. 15
(c) Except as provided in (e) of this subsection, class C prior 16
felony convictions other than sex offenses shall not be included in 17
the offender score if, since the last date of release from 18
confinement (including full-time residential treatment) pursuant to a 19
felony conviction, if any, or entry of judgment and sentence, the 20
offender had spent five consecutive years in the community without 21
committing any crime that subsequently results in a conviction.22
(d) Except as provided in (e) of this subsection, serious traffic 23
convictions shall not be included in the offender score if, since the 24
last date of release from confinement (including full-time 25
residential treatment) pursuant to a conviction, if any, or entry of 26
judgment and sentence, the offender spent five years in the community 27
without committing any crime that subsequently results in a 28
conviction. 29
(e) If the present conviction is felony driving while under the 30
influence of intoxicating liquor or any drug (RCW 46.61.502(6)) or 31
felony physical control of a vehicle while under the influence of 32
intoxicating liquor or any drug (RCW 46.61.504(6)), all predicate 33
crimes for the offense as defined by RCW 46.61.5055(14) shall be 34
included in the offender score, and prior convictions for felony 35
driving while under the influence of intoxicating liquor or any drug 36
(RCW 46.61.502(6)) or felony physical control of a vehicle while 37
under the influence of intoxicating liquor or any drug (RCW 38
46.61.504(6)) shall always be included in the offender score. All 39
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other convictions of the defendant shall be scored according to this 1
section. 2
(f) Prior convictions for a repetitive domestic violence offense, 3
as defined in RCW 9.94A.030, shall not be included in the offender 4
score if, since the last date of release from confinement or entry of 5
judgment and sentence, the offender had spent 10 consecutive years in 6
the community without committing any crime that subsequently results 7
in a conviction. 8
(g) This subsection applies to both prior adult convictions and 9
prior juvenile adjudications. 10
(3) Out-of-state convictions for offenses shall be classified 11
according to the comparable offense definitions and sentences 12
provided by Washington law. Out-of-state convictions include 13
convictions in a foreign country if obtained with sufficient 14
safeguards for fundamental fairness and due process for the accused. 15
Federal convictions for offenses shall be classified according to the 16
comparable offense definitions and sentences provided by Washington 17
law. Neither out-of-state or federal convictions which would have 18
been presumptively adjudicated in juvenile court under Washington law 19
may be included in the offender score unless they are comparable to 20
murder in the first or second degree or a class A felony sex offense. 21
If there is no clearly comparable offense under Washington law or the 22
offense is one that is usually considered subject to exclusive 23
federal jurisdiction, the offense shall be scored as a class C felony 24
equivalent if it was a felony under the relevant federal statute.25
(4) Score prior convictions for felony anticipatory offenses 26
(attempts, criminal solicitations, and criminal conspiracies) the 27
same as if they were convictions for completed offenses.28
(5)(a) In the case of multiple prior convictions, for the purpose 29
of computing the offender score, count all convictions separately, 30
except: 31
(i) Prior offenses which were found, under RCW 9.94A.589(1)(a), 32
to encompass the same criminal conduct, shall be counted as one 33
offense, the offense that yields the highest offender score. The 34
current sentencing court shall determine with respect to other prior 35
adult offenses for which sentences were served concurrently or prior 36
juvenile offenses for which sentences were served consecutively, 37
whether those offenses shall be counted as one offense or as separate 38
offenses using the "same criminal conduct" analysis found in RCW 39
9.94A.589(1)(a), and if the court finds that they shall be counted as 40
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one offense, then the offense that yields the highest offender score 1
shall be used. The current sentencing court may presume that such 2
other prior offenses were not the same criminal conduct from 3
sentences imposed on separate dates, or in separate counties or 4
jurisdictions, or in separate complaints, indictments, or 5
informations; 6
(ii) In the case of multiple prior convictions for offenses 7
committed before July 1, 1986, for the purpose of computing the 8
offender score, count all convictions or adjudications served 9
concurrently as one offense. Use the conviction for the offense that 10
yields the highest offender score. 11
(b) As used in this subsection (5), "served concurrently" means 12
that: (i) The latter sentence was imposed with specific reference to 13
the former; (ii) the concurrent relationship of the sentences was 14
judicially imposed; and (iii) the concurrent timing of the sentences 15
was not the result of a probation or parole revocation on the former 16
offense. 17
(6) If the present conviction is one of the anticipatory offenses 18
of criminal attempt, solicitation, or conspiracy, count each prior 19
conviction as if the present conviction were for a completed offense. 20
When these convictions are used as criminal history, score them the 21
same as a completed crime. 22
(7) If the present conviction is for a nonviolent offense and not 23
covered by subsection (11), (12), or (13) of this section, count one 24
point for each adult prior felony conviction and one point for each 25
juvenile prior violent felony conviction which is scorable under 26
subsection (1)(b) of this section. 27
(8) If the present conviction is for a violent offense and not 28
covered in subsection (9), (10), (11), (12), or (13) of this section, 29
count two points for each prior adult violent felony conviction and 30
juvenile violent felony conviction which is scorable under subsection 31
(1)(b) of this section, and one point for each prior adult nonviolent 32
felony conviction. 33
(9) If the present conviction is for a serious violent offense, 34
count three points for prior adult convictions and juvenile 35
convictions which are scorable under subsection (1)(b) of this 36
section for crimes in this category, two points for each prior adult 37
and scorable juvenile violent conviction (not already counted), and 38
one point for each prior adult nonviolent felony conviction.39
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(10) If the present conviction is for Burglary 1, count prior 1
convictions as in subsection (8) of this section; however count two 2
points for each prior Burglary 2 or residential burglary conviction.3
(11) If the present conviction is for a felony traffic offense 4
count two points for each prior conviction for Vehicular Homicide or 5
Vehicular Assault; for each felony offense count one point for each 6
adult prior conviction and 1/2 point for each juvenile prior 7
conviction which is scorable under subsection (1)(b) of this section; 8
for each serious traffic offense, other than those used for an 9
enhancement pursuant to RCW 46.61.520(2), count one point for each 10
adult prior conviction and 1/2 point for each juvenile prior 11
conviction which is scorable under subsection (1)(b) of this section; 12
count one point for each adult prior conviction for operation of a 13
vessel while under the influence of intoxicating liquor or any drug; 14
count one point for a deferred prosecution granted under chapter 15
10.05 RCW for a second or subsequent violation of RCW 46.61.502 or 16
46.61.504, or an equivalent local ordinance. 17
(12) If the present conviction is for homicide by watercraft or 18
assault by watercraft count two points for each adult prior 19
conviction for homicide by watercraft or assault by watercraft; for 20
each felony offense count one point for each adult prior conviction 21
and 1/2 point for each juvenile prior conviction which would be 22
scorable under subsection (1)(b) of this section; count one point for 23
each adult prior conviction for driving under the influence of 24
intoxicating liquor or any drug, actual physical control of a motor 25
vehicle while under the influence of intoxicating liquor or any drug, 26
or operation of a vessel while under the influence of intoxicating 27
liquor or any drug. 28
(13) If the present conviction is for manufacture of 29
methamphetamine count three points for each adult prior manufacture 30
of methamphetamine conviction. If the present conviction is for a 31
drug offense and the offender has a criminal history that includes a 32
sex offense or serious violent offense, count three points for each 33
adult prior felony drug offense conviction. All other felonies are 34
scored as in subsection (8) of this section if the current drug 35
offense is violent, or as in subsection (7) of this section if the 36
current drug offense is nonviolent. 37
(14) If the present conviction is for Escape from Community 38
Custody, RCW 72.09.310, count only adult prior escape convictions in 39
the offender score. Count prior escape convictions as one point.40
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(15) If the present conviction is for Escape 1, RCW 9A.76.110, or 1
Escape 2, RCW 9A.76.120, count adult prior convictions as one point 2
and juvenile prior convictions which are scorable under subsection 3
(1)(b) of this section as 1/2 point. 4
(16) If the present conviction is for Burglary 2 or residential 5
burglary, count priors as in subsection (7) of this section; however, 6
count two points for each prior Burglary 1 conviction, and two points 7
for each prior Burglary 2 or residential burglary conviction.8
(17) If the present conviction is for a sex offense, count priors 9
as in subsections (7) through (11) and (13) through (16) of this 10
section; however, count three points for each adult prior sex offense 11
conviction and juvenile prior class A felony sex offense 12
adjudication. 13
(18) If the present conviction is for failure to register as a 14
sex offender under RCW 9A.44.130 or 9A.44.132, count priors as in 15
subsections (7) through (11) and (13) through (16) of this section; 16
however, count three points for each adult prior sex offense 17
conviction and juvenile prior sex offense conviction which is 18
scorable under subsection (1)(b) of this section, excluding adult 19
prior convictions for failure to register as a sex offender under RCW 20
9A.44.130 or 9A.44.132, which shall count as one point.21
(19) If the present conviction is for an offense committed while 22
the offender was under community custody, add one point. For purposes 23
of this subsection, community custody includes community placement or 24
postrelease supervision, as defined in chapter 9.94B RCW.25
(20) If the present conviction is for Theft of a Motor Vehicle, 26
Possession of a Stolen Vehicle, Taking a Motor Vehicle Without 27
Permission 1, or Taking a Motor Vehicle Without Permission 2, count 28
priors as in subsections (7) through (18) of this section; however 29
count one point for prior convictions of Vehicle Prowling 2, and 30
three points for each adult prior Theft 1 (of a motor vehicle), Theft 31
2 (of a motor vehicle), Possession of Stolen Property 1 (of a motor 32
vehicle), Possession of Stolen Property 2 (of a motor vehicle), Theft 33
of a Motor Vehicle, Possession of a Stolen Vehicle, Taking a Motor 34
Vehicle Without Permission 1, or Taking a Motor Vehicle Without 35
Permission 2 conviction. 36
(21) If the present conviction is for a felony domestic violence 37
offense where domestic violence as defined in RCW 9.94A.030 was 38
pleaded and proven, count priors as in subsections (7) through (20) 39
of this section; however, count points as follows:40
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(a) Count two points for each adult prior conviction where 1
domestic violence as defined in RCW 9.94A.030 was pleaded and proven 2
after August 1, 2011, for any of the following offenses: A felony 3
violation of a no -contact or protection order (RCW 7.105.450 or 4
former RCW 26.50.110), felony Harassment (RCW 9A.46.020(2)(b)), 5
felony Stalking (RCW 9A.46.110(5)(b)), Burglary 1 (RCW 9A.52.020), 6
Kidnapping 1 (RCW 9A.40.020), Kidnapping 2 (RCW 9A.40.030), Unlawful 7
imprisonment (RCW 9A.40.040), Robbery 1 (RCW 9A.56.200), Robbery 2 8
(RCW 9A.56.210), Assault 1 (RCW 9A.36.011), Assault 2 (RCW 9
9A.36.021), Assault 3 (RCW 9A.36.031), Arson 1 (RCW 9A.48.020), or 10
Arson 2 (RCW 9A.48.030); 11
(b) Count two points for each adult prior conviction where 12
domestic violence as defined in RCW 9.94A.030 was pleaded and proven 13
after July 23, 2017, for any of the following offenses: Assault of a 14
child in the first degree, RCW 9A.36.120; Assault of a child in the 15
second degree, RCW 9A.36.130; Assault of a child in the third degree, 16
RCW 9A.36.140; Criminal Mistreatment in the first degree, RCW 17
9A.42.020; or Criminal Mistreatment in the second degree, RCW 18
9A.42.030; and 19
(c) Count one point for each adult prior conviction for a 20
repetitive domestic violence offense as defined in RCW 9.94A.030, 21
where domestic violence as defined in RCW 9.94A.030, was pleaded and 22
proven after August 1, 2011. 23
(22) The fact that a prior conviction was not included in an 24
offender's offender score or criminal history at a previous 25
sentencing shall have no bearing on whether it is included in the 26
criminal history or offender score for the current offense. Prior 27
convictions that were not counted in the offender score or included 28
in criminal history under repealed or previous versions of the 29
sentencing reform act shall be included in criminal history and shall 30
count in the offender score if the current version of the sentencing 31
reform act requires including or counting those convictions. Prior 32
convictions that were not included in criminal history or in the 33
offender score shall be included upon any resentencing to ensure 34
imposition of an accurate sentence. 35
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