Status Summary

First reading, referred to Human Services, Reentry & Rehabilitation on 1.23.19. Public hearing in the Senate Committee on Human Services, Reentry & Rehabilitation on 1.30.19. Executive action taken in the Senate Committee on Human Services, Reentry & Rehabilitation on 2.5.19; 1st substitute bill passed. Passed to Rules Committee for second reading on 2.7.19. Made eligible to be placed on second reading on 2.26.19. Placed on second reading by Rules Committee on 2.28.19. 1st substitute bill passed. Rules suspended. Placed on Third Reading. Passed on third reading on 3.4.19.  In the House: First reading, referred to Public Safety on 3.6.19. Public hearing in the House Committee on Public Safety on 3.19.19. Executive action taken in the House Committee on Public Safety on 3.28.19. Referred to Rules 2 Review on 4.1.19. Rules Committee relieved of further consideration. Placed on second reading on 4.9.19. (updated 4.12.19)

Legislative Session

2019

Status

In Progress

Sponsor

Darneille

This act amends RCWs 9.94A.533 and 9.94A.535 to include:

§ If an offender is being sentenced in adult court for a crime committed as a minor, the court has discretion to order enhancements be served concurrently in order to reduce the sentence when the sentencing enhancements result in a sentence that is clearly excessive; and

For the court to consider mitigating circumstances regarding the defendant’s age, sophistication, and role in the crime if the defendant is under adult court jurisdiction for a crime committed as a minor.

Amendments:

Updated on 4.12.19:

1st substitute:

  • Allows for the court to have full discretion to depart from mandatory sentencing enhancements to take the particular circumstances surrounding a defendant’s youth into account.
  • Expanded the statutory mitigating factor for felony sentencing to include susceptibility to peer pressure and other factors related to youthfulness at the time of the offense for all defendants, not just defendants charged for offenses committed while under age 18.

House Committee Amendments (updated 4.12.19):

  • The mitigating factor for adjusting a sentence downward is modified.
    • A judge is allowed to impose a sentence below the standard range when he or she finds that the defendant is less culpable because of youthfulness at the time of the offense, which is demonstrated by age, susceptibility to peer pressure, lack of sophistication or maturity, or other factors not shown in a fully developed adult (rather than when the judge finds that the defendant's age, lack of sophistication, susceptibility to peer pressure, or other factors relating to the defendant's youthfulness render the defendant less culpable than if the offense had been committed by a fully developed adult).
  • The provisions pertaining to sentencing enhancements are modified by:
    • Removing certain cross-references to clarify that the court discretion to reduce mandatory sentencing enhancements for persons under age 18 applies to all enhancements (rather than only to certain enhancements required to be served consecutively); and

Replacing a reference to "minor" with a person "under age 18."