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House Bill 1499
BILL REQ. #: H-0590.1
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HOUSE BILL 1499
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State of Washington
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59th
Legislature
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2005 Regular Session
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By Representatives O'Brien, Campbell, Lantz, Lovick,
Strow, Simpson, Chase, Hudgins, Linville and Moeller
Read first
time 01/26/2005. Referred to Committee on Judiciary.
AN
ACT Relating to animal cruelty; amending RCW 16.52.205, 16.52.207,
16.52.117, 16.52.190, 16.52.200, 16.08.020, and 9.94A.030; reenacting and
amending RCW 9.94A.515; adding a new section to chapter 16.52 RCW;
repealing RCW 16.08.030; prescribing penalties; providing an effective
date; and declaring an emergency.
BE IT ENACTED
BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW
16.52.205 and 1994 c 261 s 8 are each amended to read as follows:
(1) A person is guilty of animal cruelty in
the first degree when((, except as authorized in law, he or she
intentionally (a) inflicts substantial pain on, (b) causes physical injury
to, or (c) kills an animal by a means causing undue suffering, or forces a
minor to inflict unnecessary pain, injury, or death on an animal)) he
or she with the intent to cause the pain or suffering of an animal, or
with willful or wanton disregard for the pain or suffering of an animal,
intentionally kills the animal by a means causing undue pain or suffering,
or kills an animal by a means intended to cause undue pain or suffering
irrespective of whether the animal suffers undue pain or suffering, or
forces a minor to kill an animal by a means causing undue pain or
suffering, or forces a minor to kill an animal by a means intended to
cause undue pain or suffering irrespective of whether the animal suffers
undue pain or suffering.
(2) For purposes of this section,
"kills an animal by a means causing undue suffering" includes,
but is not limited to, a person's physical injury to an animal, not
directly resulting in the animal's death, but which causes the animal's
condition to warrant its euthanization as determined by a licensed
veterinarian, and the animal is euthanized.
(((2))) (3) Animal cruelty in
the first degree is a class ((C)) B felony.
Sec. 2 RCW
16.52.207 and 1994 c 261 s 9 are each amended to read as follows:
(1) A person is guilty of animal cruelty in
the second degree ((if, under circumstances not amounting to first
degree animal cruelty, the person knowingly, recklessly, or with criminal
negligence inflicts unnecessary suffering or pain upon an animal.
(2) An owner of an animal is guilty of
animal cruelty in the second degree if, under circumstances not amounting
to first degree animal cruelty, the owner knowingly, recklessly, or with
criminal negligence:
(a) Fails to provide the animal with
necessary food, water, shelter, rest, sanitation, ventilation, space, or
medical attention and the animal suffers unnecessary or unjustifiable
physical pain as a result of the failure; or
(b) Abandons the animal.
(3) Animal cruelty in the second degree is a
misdemeanor.
(4) In any prosecution of animal cruelty in
the second degree, it shall be an affirmative defense, if established by
the defendant by a preponderance of the evidence, that the defendant's
failure was due to economic distress beyond the defendant's control)) when
he or she intentionally, knowingly, recklessly, or with criminal
negligence (a) inflicts substantial pain on, (b) causes physical injury
to, or (c) kills an animal by a means causing undue suffering, or forces a
minor to inflict unnecessary pain, injury, or death on an animal.
(2) For purposes of this section,
"kills an animal by a means causing undue suffering" includes,
but is not limited to, a person's physical injury to, or neglect of an
animal, not directly resulting in the animal's death, but which causes the
animal's condition to warrant its euthanization as determined by a
licensed veterinarian, and the animal is euthanized.
(3) Animal cruelty in the second degree is a
class C felony.
NEW
SECTION. Sec.
3 A new section is added to chapter 16.52 RCW to read as
follows:
(1) A person is guilty of animal cruelty in
the third degree if, under circumstances not amounting to second degree
animal cruelty, the person knowingly, recklessly, or with criminal
negligence inflicts unnecessary suffering or pain upon an animal.
(2) An owner of an animal is guilty of
animal cruelty in the third degree if, under circumstances not amounting
to second degree animal cruelty, the owner knowingly, recklessly, or with
criminal negligence:
(a) Fails to provide the animal with
necessary food, water, shelter, rest, sanitation, ventilation, space, or
medical attention and the animal suffers unnecessary or unjustifiable
physical pain as a result of the failure; or
(b) Abandons the animal.
(3) Animal cruelty in the third degree is a
gross misdemeanor.
Sec. 4 RCW
16.52.117 and 1994 c 261 s 11 are each amended to read as follows:
(1) Any person who does any of the following
is guilty of a ((gross misdemeanor)) class C felony
punishable by imprisonment not to exceed ((one year)) five years,
or by a fine not to exceed ((five)) ten thousand dollars, or
by both fine and imprisonment:
(a) Owns, possesses, keeps, or trains any
animal with the intent that the animal shall be engaged in an exhibition
of fighting with another animal;
(b) For amusement or gain causes any animal
to fight with another animal, or causes any animals to injure each other;
or
(c) Permits any act in violation of (a) or
(b) of this subsection to be done on any premises under his or her charge
or control, or promotes or aids or abets any such act.
(2) Any person who is knowingly present, as
a spectator, at any place or building where preparations are being made
for an exhibition of the fighting of animals, with the intent to be
present at such preparations, or is knowingly present at such exhibition
or at any other fighting or injuring as described in subsection (1)(b) of
this section, with the intent to be present at such exhibition, fighting,
or injuring, is guilty of a gross misdemeanor.
(3) Nothing in this section may prohibit the
following:
(a) The use of dogs in the management of
livestock, as defined by chapter 16.57 RCW, by the owner of the livestock
or the owner's employees or agents or other persons in lawful custody of
the livestock;
(b) The use of dogs in hunting as permitted
by law; or
(c) The training of animals or the use of
equipment in the training of animals for any purpose not prohibited by
law.
Sec. 5 RCW
16.52.190 and 2003 c 53 s 111 are each amended to read as follows:
(1) Except as provided in subsections (2)
and (3) of this section, a person is guilty of the crime of poisoning
animals if the person intentionally or knowingly poisons an animal under
circumstances which do not constitute animal cruelty in the ((first))
second degree.
(2) Subsection (1) of this section shall not
apply to euthanizing by poison an animal in a lawful and humane manner by
the animal's owner, or by a duly authorized servant or agent of the owner,
or by a person acting pursuant to instructions from a duly constituted
public authority.
(3) Subsection (1) of this section shall not
apply to the reasonable use of rodent or pest poison, insecticides,
fungicides, or slug bait for their intended purposes. As used in this
section, the term "rodent" includes but is not limited to
Columbia ground squirrels, other ground squirrels, rats, mice, gophers,
rabbits, and any other rodent designated as injurious to the agricultural
interests of the state ((as provided in chapter 17.16 RCW)). The
term "pest" as used in this section includes any pest as defined
in RCW 17.21.020.
(4) A person violating this section is
guilty of a ((gross misdemeanor)) class C felony.
Sec. 6 RCW
16.52.200 and 2003 c 53 s 113 are each amended to read as follows:
(1) The sentence imposed for a ((misdemeanor
or)) gross misdemeanor violation of this chapter may be deferred or
suspended in accordance with RCW 3.66.067 and 3.66.068, however the
probationary period shall be two years.
(2) In case of multiple ((misdemeanor or))
gross misdemeanor convictions, the sentences shall be consecutive, however
the probationary period shall remain two years.
(3) In addition to the penalties imposed by
the court, the court shall order the forfeiture of all animals held by law
enforcement or animal care and control authorities under the provisions of
this chapter if any one of the animals involved dies as a result of a
violation of this chapter or if the defendant has a prior conviction under
this chapter. In other cases the court may enter an order requiring the
owner to forfeit the animal if the court deems the animal's treatment to
have been severe and likely to reoccur. If forfeiture is ordered, the
owner shall be prohibited from owning or caring for any similar animals
for a period of two years. The court may delay its decision on forfeiture
under this subsection until the end of the probationary period.
(4) In addition to fines and court costs,
the defendant, only if convicted or in agreement, shall be liable for
reasonable costs incurred pursuant to this chapter by law enforcement
agencies, animal care and control agencies, or authorized private or
public entities involved with the care of the animals. Reasonable costs
include expenses of the investigation, and the animal's care,
euthanization, or adoption.
(5) If convicted, the defendant shall also
pay a civil penalty of one thousand dollars to the county to prevent
cruelty to animals. These funds shall be used to prosecute offenses under
this chapter and to care for forfeited animals pending trial.
(6) As a condition of the sentence imposed
under this chapter or RCW 9.08.070 through 9.08.078, the court ((may))
shall also order the defendant to participate in an available
animal cruelty prevention or education program or obtain available
psychological counseling to treat mental health problems contributing to
the violation's commission. The defendant shall bear the costs of the
program or treatment.
Sec. 7 RCW
16.08.020 and 1929 c 198 s 6 are each amended to read as follows:
It shall be ((lawful for any person who
shall see any dog or dogs chasing, biting, injuring or killing any sheep,
swine or other domestic animal, including poultry, belonging to such
person, on any real property owned or leased by, or under the control of,
such person, or on any public highway, to kill such dog or dogs, and it
shall be the duty of the owner or keeper of any dog or dogs so found
chasing, biting or injuring any domestic animal, including poultry, upon
being notified of that fact by the owner of such domestic animals or
poultry, to thereafter keep such dog or dogs in leash or confined upon the
premises of the owner or keeper thereof, and in case any such owner or
keeper of a dog or dogs shall fail or neglect to comply with the
provisions of this section, it shall be lawful for the owner of such
domestic animals or poultry to kill such dog or dogs found running at
large)) the duty of the owner or keeper of any dog or dogs found
chasing, biting, or injuring any domestic animal, including poultry, upon
being notified of that fact by the owner of such domestic animals or
poultry, to thereafter keep such dog or dogs in leash or confined upon the
premises of the owner or keeper thereof. In case any such owner or keeper
of a dog or dogs fails or neglects to comply with this section, the owner
is civilly liable for treble damages and reasonable attorneys' fees and
costs arising from injuries, including death, to any domestic animal,
including poultry, subsequently caused by the same dog or dogs. This
section does not bar recovery under RCW 16.08.010 for a first occurrence
of any dog or dogs found injuring any domestic animal, including poultry.
NEW
SECTION. Sec.
8 RCW 16.08.030 (Marauding dog -- Duty of owner to kill)
and 1929 c 198 s 7 are each repealed.
Sec. 9 RCW
9.94A.030 and 2003 c 53 s 55 are each amended to read as follows:
Unless the context clearly requires
otherwise, the definitions in this section apply throughout this chapter.
(1) "Board" means the
indeterminate sentence review board created under chapter 9.95 RCW.
(2) "Collect," or any derivative
thereof, "collect and remit," or "collect and
deliver," when used with reference to the department, means that the
department, either directly or through a collection agreement authorized
by RCW 9.94A.760, is responsible for monitoring and enforcing the
offender's sentence with regard to the legal financial obligation,
receiving payment thereof from the offender, and, consistent with current
law, delivering daily the entire payment to the superior court clerk
without depositing it in a departmental account.
(3) "Commission" means the
sentencing guidelines commission.
(4) "Community corrections
officer" means an employee of the department who is responsible for
carrying out specific duties in supervision of sentenced offenders and
monitoring of sentence conditions.
(5) "Community custody" means that
portion of an offender's sentence of confinement in lieu of earned release
time or imposed pursuant to RCW 9.94A.505(2)(b), 9.94A.650 through
9.94A.670, 9.94A.690, 9.94A.700 through 9.94A.715, or 9.94A.545, served in
the community subject to controls placed on the offender's movement and
activities by the department. For offenders placed on community custody
for crimes committed on or after July 1, 2000, the department shall assess
the offender's risk of reoffense and may establish and modify conditions
of community custody, in addition to those imposed by the court, based
upon the risk to community safety.
(6) "Community custody range"
means the minimum and maximum period of community custody included as part
of a sentence under RCW 9.94A.715, as established by the commission or the
legislature under RCW 9.94A.850, for crimes committed on or after July 1,
2000.
(7) "Community placement" means
that period during which the offender is subject to the conditions of
community custody and/or postrelease supervision, which begins either upon
completion of the term of confinement (postrelease supervision) or at such
time as the offender is transferred to community custody in lieu of earned
release. Community placement may consist of entirely community custody,
entirely postrelease supervision, or a combination of the two.
(8) "Community restitution" means
compulsory service, without compensation, performed for the benefit of the
community by the offender.
(9) "Community supervision" means
a period of time during which a convicted offender is subject to
crime-related prohibitions and other sentence conditions imposed by a
court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. Where the
court finds that any offender has a chemical dependency that has
contributed to his or her offense, the conditions of supervision may,
subject to available resources, include treatment. For purposes of the
interstate compact for out-of-state supervision of parolees and
probationers, RCW 9.95.270, community supervision is the functional
equivalent of probation and should be considered the same as probation by
other states.
(10) "Confinement" means total or
partial confinement.
(11) "Conviction" means an
adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a
verdict of guilty, a finding of guilty, and acceptance of a plea of
guilty.
(12) "Crime-related prohibition"
means an order of a court prohibiting conduct that directly relates to the
circumstances of the crime for which the offender has been convicted, and
shall not be construed to mean orders directing an offender affirmatively
to participate in rehabilitative programs or to otherwise perform
affirmative conduct. However, affirmative acts necessary to monitor
compliance with the order of a court may be required by the department.
(13) "Criminal history" means the
list of a defendant's prior convictions and juvenile adjudications,
whether in this state, in federal court, or elsewhere.
(a) The history shall include, where known,
for each conviction (i) whether the defendant has been placed on probation
and the length and terms thereof; and (ii) whether the defendant has been
incarcerated and the length of incarceration.
(b) A conviction may be removed from a
defendant's criminal history only if it is vacated pursuant to RCW
9.96.060, 9.94A.640, 9.95.240, or a similar out-of-state statute, or if
the conviction has been vacated pursuant to a governor's pardon.
(c) The determination of a defendant's
criminal history is distinct from the determination of an offender score.
A prior conviction that was not included in an offender score calculated
pursuant to a former version of the sentencing reform act remains part of
the defendant's criminal history.
(14) "Day fine" means a fine
imposed by the sentencing court that equals the difference between the
offender's net daily income and the reasonable obligations that the
offender has for the support of the offender and any dependents.
(15) "Day reporting" means a
program of enhanced supervision designed to monitor the offender's daily
activities and compliance with sentence conditions, and in which the
offender is required to report daily to a specific location designated by
the department or the sentencing court.
(16) "Department" means the
department of corrections.
(17) "Determinate sentence" means
a sentence that states with exactitude the number of actual years, months,
or days of total confinement, of partial confinement, of community
supervision, the number of actual hours or days of community restitution
work, or dollars or terms of a legal financial obligation. The fact that
an offender through earned release can reduce the actual period of
confinement shall not affect the classification of the sentence as a
determinate sentence.
(18) "Disposable earnings" means
that part of the earnings of an offender remaining after the deduction
from those earnings of any amount required by law to be withheld. For the
purposes of this definition, "earnings" means compensation paid
or payable for personal services, whether denominated as wages, salary,
commission, bonuses, or otherwise, and, notwithstanding any other
provision of law making the payments exempt from garnishment, attachment,
or other process to satisfy a court-ordered legal financial obligation,
specifically includes periodic payments pursuant to pension or retirement
programs, or insurance policies of any type, but does not include payments
made under Title 50 RCW, except as provided in RCW 50.40.020 and
50.40.050, or Title 74 RCW.
(19) "Drug offender sentencing
alternative" is a sentencing option available to persons convicted of
a felony offense other than a violent offense or a sex offense and who are
eligible for the option under RCW 9.94A.660.
(20) "Drug offense" means:
(a) Any felony violation of chapter 69.50
RCW except possession of a controlled substance (RCW 69.50.4013) or forged
prescription for a controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under
federal law that relates to the possession, manufacture, distribution, or
transportation of a controlled substance; or
(c) Any out-of-state conviction for an
offense that under the laws of this state would be a felony classified as
a drug offense under (a) of this subsection.
(21) "Earned release" means earned
release from confinement as provided in RCW 9.94A.728.
(22) "Escape" means:
(a) Sexually violent predator escape (RCW
9A.76.115), escape in the first degree (RCW 9A.76.110), escape in the
second degree (RCW 9A.76.120), willful failure to return from furlough (RCW
72.66.060), willful failure to return from work release (RCW 72.65.070),
or willful failure to be available for supervision by the department while
in community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction
for an offense that under the laws of this state would be a felony
classified as an escape under (a) of this subsection.
(23) "Felony traffic offense"
means:
(a) Vehicular homicide (RCW 46.61.520),
vehicular assault (RCW 46.61.522), eluding a police officer (RCW
46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or
(b) Any federal or out-of-state conviction
for an offense that under the laws of this state would be a felony
classified as a felony traffic offense under (a) of this subsection.
(24) "Fine" means a specific sum
of money ordered by the sentencing court to be paid by the offender to the
court over a specific period of time.
(25) "First-time offender" means
any person who has no prior convictions for a felony and is eligible for
the first-time offender waiver under RCW 9.94A.650.
(26) "Home detention" means a
program of partial confinement available to offenders wherein the offender
is confined in a private residence subject to electronic surveillance.
(27) "Legal financial obligation"
means a sum of money that is ordered by a superior court of the state of
Washington for legal financial obligations which may include restitution
to the victim, statutorily imposed crime victims' compensation fees as
assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug
funds, court-appointed attorneys' fees, and costs of defense, fines, and
any other financial obligation that is assessed to the offender as a
result of a felony conviction. Upon conviction for vehicular assault while
under the influence of intoxicating liquor or any drug, RCW
46.61.522(1)(b), or vehicular homicide while under the influence of
intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial
obligations may also include payment to a public agency of the expense of
an emergency response to the incident resulting in the conviction, subject
to RCW 38.52.430.
(28) "Most serious offense" means
any of the following felonies or a felony attempt to commit any of the
following felonies:
(a) Any felony defined under any law as a
class A felony or criminal solicitation of or criminal conspiracy to
commit a class A felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child
under age fourteen;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first
degree;
(n) Rape in the third degree;
(o) Robbery in the second degree;
(p) Sexual exploitation;
(q) Vehicular assault, when caused by the
operation or driving of a vehicle by a person while under the influence of
intoxicating liquor or any drug or by the operation or driving of a
vehicle in a reckless manner;
(r) Vehicular homicide, when proximately
caused by the driving of any vehicle by any person while under the
influence of intoxicating liquor or any drug as defined by RCW 46.61.502,
or by the operation of any vehicle in a reckless manner;
(s) Any other class B felony offense with a
finding of sexual motivation;
(t) Any other felony with a deadly weapon
verdict under RCW 9.94A.602;
(u) Any felony offense in effect at any time
prior to December 2, 1993, that is comparable to a most serious offense
under this subsection, or any federal or out-of-state conviction for an
offense that under the laws of this state would be a felony classified as
a most serious offense under this subsection;
(v)(i) A prior conviction for indecent
liberties under RCW ((9A.88.100)) 9A.44.100(1) (a), (b), and
(c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1,
1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979,
until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed
from June 11, 1986, until July 1, 1988;
(ii) A prior conviction for indecent
liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986,
until July 1, 1988, if: (A) The crime was committed against a child under
the age of fourteen; or (B) the relationship between the victim and
perpetrator is included in the definition of indecent liberties under RCW
9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or
RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July
27, 1997.
(29) "Nonviolent offense" means an
offense which is not a violent offense.
(30) "Offender" means a person who
has committed a felony established by state law and is eighteen years of
age or older or is less than eighteen years of age but whose case is under
superior court jurisdiction under RCW 13.04.030 or has been transferred by
the appropriate juvenile court to a criminal court pursuant to RCW
13.40.110. Throughout this chapter, the terms "offender" and
"defendant" are used interchangeably.
(31) "Partial confinement" means
confinement for no more than one year in a facility or institution
operated or utilized under contract by the state or any other unit of
government, or, if home detention or work crew has been ordered by the
court, in an approved residence, for a substantial portion of each day
with the balance of the day spent in the community. Partial confinement
includes work release, home detention, work crew, and a combination of
work crew and home detention.
(32) "Persistent offender" is an
offender who:
(a)(i) Has been convicted in this state of
any felony considered a most serious offense; and
(ii) Has, before the commission of the
offense under (a) of this subsection, been convicted as an offender on at
least two separate occasions, whether in this state or elsewhere, of
felonies that under the laws of this state would be considered most
serious offenses and would be included in the offender score under RCW
9.94A.525; provided that of the two or more previous convictions, at least
one conviction must have occurred before the commission of any of the
other most serious offenses for which the offender was previously
convicted; or
(b)(i) Has been convicted of: (A) Rape in
the first degree, rape of a child in the first degree, child molestation
in the first degree, rape in the second degree, rape of a child in the
second degree, or indecent liberties by forcible compulsion; (B) any of
the following offenses with a finding of sexual motivation: Murder in the
first degree, murder in the second degree, homicide by abuse, kidnapping
in the first degree, kidnapping in the second degree, assault in the first
degree, assault in the second degree, assault of a child in the first
degree, or burglary in the first degree; or (C) an attempt to commit any
crime listed in this subsection (32)(b)(i); and
(ii) Has, before the commission of the
offense under (b)(i) of this subsection, been convicted as an offender on
at least one occasion, whether in this state or elsewhere, of an offense
listed in (b)(i) of this subsection or any federal or out-of-state offense
or offense under prior Washington law that is comparable to the offenses
listed in (b)(i) of this subsection. A conviction for rape of a child in
the first degree constitutes a conviction under (b)(i) of this subsection
only when the offender was sixteen years of age or older when the offender
committed the offense. A conviction for rape of a child in the second
degree constitutes a conviction under (b)(i) of this subsection only when
the offender was eighteen years of age or older when the offender
committed the offense.
(33) "Postrelease supervision" is
that portion of an offender's community placement that is not community
custody.
(34) "Restitution" means a
specific sum of money ordered by the sentencing court to be paid by the
offender to the court over a specified period of time as payment of
damages. The sum may include both public and private costs.
(35) "Risk assessment" means the
application of an objective instrument supported by research and adopted
by the department for the purpose of assessing an offender's risk of
reoffense, taking into consideration the nature of the harm done by the
offender, place and circumstances of the offender related to risk, the
offender's relationship to any victim, and any information provided to the
department by victims. The results of a risk assessment shall not be based
on unconfirmed or unconfirmable allegations.
(36) "Serious traffic offense"
means:
(a) Driving while under the influence of
intoxicating liquor or any drug (RCW 46.61.502), actual physical control
while under the influence of intoxicating liquor or any drug (RCW
46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended
vehicle (RCW 46.52.020(5)); or
(b) Any federal, out-of-state, county, or
municipal conviction for an offense that under the laws of this state
would be classified as a serious traffic offense under (a) of this
subsection.
(37) "Serious violent offense" is
a subcategory of violent offense and means:
(a)(i) Murder in the first degree;
(ii) Homicide by abuse;
(iii) Murder in the second degree;
(iv) Manslaughter in the first degree;
(v) Assault in the first degree;
(vi) Kidnapping in the first degree;
(vii) Rape in the first degree;
(viii) Assault of a child in the first
degree; or
(ix) An attempt, criminal solicitation, or
criminal conspiracy to commit one of these felonies; or
(b) Any federal or out-of-state conviction
for an offense that under the laws of this state would be a felony
classified as a serious violent offense under (a) of this subsection.
(38) "Sex offense" means:
(a)(i) A felony that is a violation of
chapter 9A.44 RCW other than RCW 9A.44.130(11);
(ii) A violation of RCW 9A.64.020;
(iii) A felony that is a violation of
chapter 9.68A RCW other than RCW 9.68A.070 or 9.68A.080; or
(iv) A felony that is, under chapter 9A.28
RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to
commit such crimes;
(b) Any conviction for a felony offense in
effect at any time prior to July 1, 1976, that is comparable to a felony
classified as a sex offense in (a) of this subsection;
(c) A felony with a finding of sexual
motivation under RCW 9.94A.835 or 13.40.135; or
(d) Any federal or out-of-state conviction
for an offense that under the laws of this state would be a felony
classified as a sex offense under (a) of this subsection.
(39) "Sexual motivation" means
that one of the purposes for which the defendant committed the crime was
for the purpose of his or her sexual gratification.
(40) "Standard sentence range"
means the sentencing court's discretionary range in imposing a
nonappealable sentence.
(41) "Statutory maximum sentence"
means the maximum length of time for which an offender may be confined as
punishment for a crime as prescribed in chapter 9A.20 RCW, RCW 9.92.010,
the statute defining the crime, or other statute defining the maximum
penalty for a crime.
(42) "Total confinement" means
confinement inside the physical boundaries of a facility or institution
operated or utilized under contract by the state or any other unit of
government for twenty-four hours a day, or pursuant to RCW 72.64.050 and
72.64.060.
(43) "Transition training" means
written and verbal instructions and assistance provided by the department
to the offender during the two weeks prior to the offender's successful
completion of the work ethic camp program. The transition training shall
include instructions in the offender's requirements and obligations during
the offender's period of community custody.
(44) "Victim" means any person who
has sustained emotional, psychological, physical, or financial injury to
person or property as a direct result of the crime charged.
(45) "Violent offense" means:
(a) Any of the following felonies:
(i) Any felony defined under any law as a
class A felony or an attempt to commit a class A felony;
(ii) Criminal solicitation of or criminal
conspiracy to commit a class A felony;
(iii) Manslaughter in the first degree;
(iv) Manslaughter in the second degree;
(v) Indecent liberties if committed by
forcible compulsion;
(vi) Kidnapping in the second degree;
(vii) Arson in the second degree;
(viii) Assault in the second degree;
(ix) Assault of a child in the second
degree;
(x) Extortion in the first degree;
(xi) Robbery in the second degree;
(xii) Drive-by shooting;
(xiii) Vehicular assault, when caused by the
operation or driving of a vehicle by a person while under the influence of
intoxicating liquor or any drug or by the operation or driving of a
vehicle in a reckless manner; ((and))
(xiv) Vehicular homicide, when proximately
caused by the driving of any vehicle by any person while under the
influence of intoxicating liquor or any drug as defined by RCW 46.61.502,
or by the operation of any vehicle in a reckless manner; and
(xv) Animal cruelty in the first degree;
(b) Any conviction for a felony offense in
effect at any time prior to July 1, 1976, that is comparable to a felony
classified as a violent offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction
for an offense that under the laws of this state would be a felony
classified as a violent offense under (a) or (b) of this subsection.
(46) "Work crew" means a program
of partial confinement consisting of civic improvement tasks for the
benefit of the community that complies with RCW 9.94A.725.
(47) "Work ethic camp" means an
alternative incarceration program as provided in RCW 9.94A.690 designed to
reduce recidivism and lower the cost of corrections by requiring offenders
to complete a comprehensive array of real-world job and vocational
experiences, character-building work ethics training, life management
skills development, substance abuse rehabilitation, counseling, literacy
training, and basic adult education.
(48) "Work release" means a
program of partial confinement available to offenders who are employed or
engaged as a student in a regular course of study at school.
Sec. 10 RCW 9.94A.515 and 2004 c 176 s 2 and 2004 c 94 s 3 are each
reenacted and amended to read as follows:
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TABLE
2
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CRIMES
INCLUDED WITHIN EACH SERIOUSNESS LEVEL
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XVI
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Aggravated Murder 1 (RCW 10.95.020)
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XV
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Homicide by abuse (RCW 9A.32.055)
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Malicious explosion 1 (RCW 70.74.280(1))
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Murder 1 (RCW 9A.32.030)
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XIV
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Murder 2 (RCW 9A.32.050)
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Trafficking 1 (RCW 9A.40.100(1))
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XIII
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Malicious explosion 2 (RCW 70.74.280(2))
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Malicious placement of an explosive 1 (RCW
70.74.270(1))
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XII
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Assault 1 (RCW 9A.36.011)
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Assault of a Child 1 (RCW 9A.36.120)
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Malicious placement of an imitation device 1
(RCW 70.74.272(1)(a))
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Rape 1 (RCW 9A.44.040)
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Rape of a Child 1 (RCW 9A.44.073)
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Trafficking 2 (RCW 9A.40.100(2))
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XI
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Manslaughter 1 (RCW 9A.32.060)
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Rape 2 (RCW 9A.44.050)
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Rape of a Child 2 (RCW 9A.44.076)
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X
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Child Molestation 1 (RCW 9A.44.083)
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Indecent Liberties (with forcible compulsion)
(RCW 9A.44.100(1)(a))
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Kidnapping 1 (RCW 9A.40.020)
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Leading Organized Crime (RCW 9A.82.060(1)(a))
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Malicious explosion 3 (RCW 70.74.280(3))
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Sexually Violent Predator Escape (RCW
9A.76.115)
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IX
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Assault of a Child 2 (RCW 9A.36.130)
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Explosive devices prohibited (RCW 70.74.180)
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Hit and Run--Death (RCW 46.52.020(4)(a))
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Homicide by Watercraft, by being under the
influence of intoxicating liquor or any drug (RCW 79A.60.050)
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Inciting Criminal Profiteering (RCW
9A.82.060(1)(b))
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Malicious placement of an explosive 2 (RCW
70.74.270(2))
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Robbery 1 (RCW 9A.56.200)
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Sexual Exploitation (RCW 9.68A.040)
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Vehicular Homicide, by being under the
influence of intoxicating liquor or any drug (RCW 46.61.520)
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VIII
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Arson 1 (RCW 9A.48.020)
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Homicide by Watercraft, by the operation of
any vessel in a reckless manner (RCW 79A.60.050)
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Manslaughter 2 (RCW 9A.32.070)
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Promoting Prostitution 1 (RCW 9A.88.070)
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Theft of Ammonia (RCW 69.55.010)
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Vehicular Homicide, by the operation of any
vehicle in a reckless manner (RCW 46.61.520)
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VII
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Burglary 1 (RCW 9A.52.020)
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Child Molestation 2 (RCW 9A.44.086)
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Civil Disorder Training (RCW 9A.48.120)
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Dealing in depictions of minor engaged in
sexually explicit conduct (RCW 9.68A.050)
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Drive-by Shooting (RCW 9A.36.045)
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Homicide by Watercraft, by disregard for the
safety of others (RCW 79A.60.050)
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Indecent Liberties (without forcible
compulsion) (RCW 9A.44.100(1) (b) and (c))
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Introducing Contraband 1 (RCW 9A.76.140)
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Malicious placement of an explosive 3 (RCW
70.74.270(3))
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Sending, bringing into state depictions of
minor engaged in sexually explicit conduct (RCW 9.68A.060)
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Unlawful Possession of a Firearm in the first
degree (RCW 9.41.040(1))
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Use of a Machine Gun in Commission of a
Felony (RCW 9.41.225)
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Vehicular Homicide, by disregard for the
safety of others (RCW 46.61.520)
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VI
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Bail Jumping with Murder 1 (RCW
9A.76.170(3)(a))
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Bribery (RCW 9A.68.010)
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Incest 1 (RCW 9A.64.020(1))
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Intimidating a Judge (RCW 9A.72.160)
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Intimidating a Juror/Witness (RCW 9A.72.110,
9A.72.130)
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Malicious placement of an imitation device 2
(RCW 70.74.272(1)(b))
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Rape of a Child 3 (RCW 9A.44.079)
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Theft of a Firearm (RCW 9A.56.300)
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Unlawful Storage of Ammonia (RCW 69.55.020)
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V
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Abandonment of dependent person 1 (RCW
9A.42.060)
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Advancing money or property for extortionate
extension of credit (RCW 9A.82.030)
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Bail Jumping with class A Felony (RCW
9A.76.170(3)(b))
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Child Molestation 3 (RCW 9A.44.089)
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Criminal Mistreatment 1 (RCW 9A.42.020)
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Custodial Sexual Misconduct 1 (RCW 9A.44.160)
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Domestic Violence Court Order Violation (RCW
10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110,
26.52.070, or 74.34.145)
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Extortion 1 (RCW 9A.56.120)
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Extortionate Extension of Credit (RCW
9A.82.020)
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Extortionate Means to Collect Extensions of
Credit (RCW 9A.82.040)
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Incest 2 (RCW 9A.64.020(2))
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Kidnapping 2 (RCW 9A.40.030)
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Perjury 1 (RCW 9A.72.020)
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Persistent prison misbehavior (RCW 9.94.070)
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Possession of a Stolen Firearm (RCW
9A.56.310)
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Rape 3 (RCW 9A.44.060)
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Rendering Criminal Assistance 1 (RCW
9A.76.070)
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Sexual Misconduct with a Minor 1 (RCW
9A.44.093)
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Sexually Violating Human Remains (RCW
9A.44.105)
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Stalking (RCW 9A.46.110)
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Taking Motor Vehicle Without Permission 1 (RCW
9A.56.070)
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IV
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Animal cruelty in the first degree (RCW
16.52.205)
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Arson 2 (RCW 9A.48.030)
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Assault 2 (RCW 9A.36.021)
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Assault by Watercraft (RCW 79A.60.060)
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Bribing a Witness/Bribe Received by Witness (RCW
9A.72.090, 9A.72.100)
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Cheating 1 (RCW 9.46.1961)
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Commercial Bribery (RCW 9A.68.060)
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Counterfeiting (RCW 9.16.035(4))
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Endangerment with a Controlled Substance (RCW
9A.42.100)
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Escape 1 (RCW 9A.76.110)
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Hit and Run -- Injury (RCW 46.52.020(4)(b))
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Hit and Run with Vessel -- Injury Accident (RCW
79A.60.200(3))
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Identity Theft 1 (RCW 9.35.020(2))
|
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Indecent Exposure to Person Under Age
Fourteen (subsequent sex offense) (RCW 9A.88.010)
|
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Influencing Outcome of Sporting Event (RCW
9A.82.070)
|
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Malicious Harassment (RCW 9A.36.080)
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Residential Burglary (RCW 9A.52.025)
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Robbery 2 (RCW 9A.56.210)
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Theft of Livestock 1 (RCW 9A.56.080)
|
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Threats to Bomb (RCW 9.61.160)
|
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Trafficking in Stolen Property 1 (RCW
9A.82.050)
|
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Unlawful factoring of a credit card or
payment card transaction (RCW 9A.56.290(4)(b))
|
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Unlawful transaction of health coverage as a
health care service contractor (RCW 48.44.016(3))
|
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Unlawful transaction of health coverage as a
health maintenance organization (RCW 48.46.033(3))
|
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Unlawful transaction of insurance business (RCW
48.15.023(3))
|
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Unlicensed practice as an insurance
professional (RCW 48.17.063(3))
|
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Use of Proceeds of Criminal Profiteering (RCW
9A.82.080 (1) and (2))
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Vehicular Assault, by being under the
influence of intoxicating liquor or any drug, or by the operation
or driving of a vehicle in a reckless manner (RCW 46.61.522)
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Willful Failure to Return from Furlough (RCW
72.66.060)
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III
|
Abandonment of dependent person 2 (RCW
9A.42.070)
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Animal cruelty in the second degree (RCW
16.52.207)
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Animal fighting (RCW 16.52.117)
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Animal poisoning (RCW 16.52.190)
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Assault 3 (RCW 9A.36.031)
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Assault of a Child 3 (RCW 9A.36.140)
|
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Bail Jumping with class B or C Felony (RCW
9A.76.170(3)(c))
|
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Burglary 2 (RCW 9A.52.030)
|
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Communication with a Minor for Immoral
Purposes (RCW 9.68A.090)
|
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Criminal Gang Intimidation (RCW 9A.46.120)
|
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Criminal Mistreatment 2 (RCW 9A.42.030)
|
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Custodial Assault (RCW 9A.36.100)
|
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Cyberstalking (subsequent conviction or
threat of death) (RCW 9.61.260(3))
|
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Escape 2 (RCW 9A.76.120)
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Extortion 2 (RCW 9A.56.130)
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Harassment (RCW 9A.46.020)
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Intimidating a Public Servant (RCW 9A.76.180)
|
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Introducing Contraband 2 (RCW 9A.76.150)
|
|
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|
Malicious Injury to Railroad Property (RCW
81.60.070)
|
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Patronizing a Juvenile Prostitute (RCW
9.68A.100)
|
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Perjury 2 (RCW 9A.72.030)
|
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Possession of Incendiary Device (RCW
9.40.120)
|
|
|
|
Possession of Machine Gun or Short-Barreled
Shotgun or Rifle (RCW 9.41.190)
|
|
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|
Promoting Prostitution 2 (RCW 9A.88.080)
|
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Securities Act violation (RCW 21.20.400)
|
|
|
|
Tampering with a Witness (RCW 9A.72.120)
|
|
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|
Telephone Harassment (subsequent conviction
or threat of death) (RCW 9.61.230(2))
|
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Theft of Livestock 2 (RCW 9A.56.083)
|
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Trafficking in Stolen Property 2 (RCW
9A.82.055)
|
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Unlawful Imprisonment (RCW 9A.40.040)
|
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Unlawful possession of firearm in the second
degree (RCW 9.41.040(2))
|
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Vehicular Assault, by the operation or
driving of a vehicle with disregard for the safety of others (RCW
46.61.522)
|
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Willful Failure to Return from Work Release (RCW
72.65.070)
|
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II
|
Computer Trespass 1 (RCW 9A.52.110)
|
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Counterfeiting (RCW 9.16.035(3))
|
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Escape from Community Custody (RCW 72.09.310)
|
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Health Care False Claims (RCW 48.80.030)
|
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Identity Theft 2 (RCW 9.35.020(3))
|
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Improperly Obtaining Financial Information (RCW
9.35.010)
|
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Malicious Mischief 1 (RCW 9A.48.070)
|
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Possession of Stolen Property 1 (RCW
9A.56.150)
|
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Theft 1 (RCW 9A.56.030)
|
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|
|
Theft of Rental, Leased, or Lease-purchased
Property (valued at one thousand five hundred dollars or more) (RCW
9A.56.096(5)(a))
|
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|
|
Trafficking in Insurance Claims (RCW
48.30A.015)
|
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|
|
Unlawful factoring of a credit card or
payment card transaction (RCW 9A.56.290(4)(a))
|
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Unlawful Practice of Law (RCW 2.48.180)
|
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Unlicensed Practice of a Profession or
Business (RCW 18.130.190(7))
|
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I
|
Attempting to Elude a Pursuing Police Vehicle
(RCW 46.61.024)
|
|
|
|
False Verification for Welfare (RCW
74.08.055)
|
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Forgery (RCW 9A.60.020)
|
|
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Fraudulent Creation or Revocation of a Mental
Health Advance Directive (RCW 9A.60.060)
|
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Malicious Mischief 2 (RCW 9A.48.080)
|
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Mineral Trespass (RCW 78.44.330)
|
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|
Possession of Stolen Property 2 (RCW
9A.56.160)
|
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Reckless Burning 1 (RCW 9A.48.040)
|
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|
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Taking Motor Vehicle Without Permission 2 (RCW
9A.56.075)
|
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Theft 2 (RCW 9A.56.040)
|
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|
Theft of Rental, Leased, or Lease-purchased
Property (valued at two hundred fifty dollars or more but less
than one thousand five hundred dollars) (RCW 9A.56.096(5)(b))
|
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|
Transaction of insurance business beyond the
scope of licensure (RCW 48.17.063(4))
|
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|
|
Unlawful Issuance of Checks or Drafts (RCW
9A.56.060)
|
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Unlawful Possession of Fictitious
Identification (RCW 9A.56.320)
|
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Unlawful Possession of Instruments of
Financial Fraud (RCW 9A.56.320)
|
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Unlawful Possession of Payment Instruments (RCW
9A.56.320)
|
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Unlawful Possession of a Personal
Identification Device (RCW 9A.56.320)
|
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Unlawful Production of Payment Instruments (RCW
9A.56.320)
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|
Unlawful Trafficking in Food Stamps (RCW
9.91.142)
|
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|
Unlawful Use of Food Stamps (RCW 9.91.144)
|
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Vehicle Prowl 1 (RCW 9A.52.095)
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NEW
SECTION. Sec.
11 This act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government
and its existing public institutions, and takes effect July 1, 2005.
--- END
---
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