On Saturday, the House floor debated Engrossed Substitute House Bill 1169, which would overhaul various sentencing enhancements, such as eliminating controlled substances in protected zones, involving a minor in street gang-related felonies, and that certain enhancements be served consecutively.
The bill passed the House 53-45 on Saturday, February 12, and goes onto the Senate for consideration.
ESHB 1169- 2021-22 Concerning Sentencing Enhancements
Bill Information Page (link)
Sponsors: Goodman, Davis, Dolan, Simmons, Bateman, Lekanoff, Springer, Gregerson, Senn, Fitzgibbon, Ramos, Frame, Ramel, Peterson, Lovick, Ryu, Callan, Slatter, Duerr, Ormsby, Macri, Hackney
Effective Date: This bill takes effect 90 days after adjournment of the session in which the
bill is passed, except for section 2, relating to definitions, which due to a delayed effective
date in prior legislation takes effect July 1, 2022.
Status: Carried over from 2020-21 Session
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
Moves to Senate
House Voting Roll Call: yeas, 53; nays, 45; absent, 0; excused, 0 Passed
Voting Yea: Representatives Bateman, Berg, Bergquist, Berry, Bronoske, Callan, Chapman, Chopp, Cody, Davis, Dolan, Donaghy, Duerr, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Hackney, Hansen, Harris-Talley, Johnson, J., Kirby, Kloba, Leavitt, Lekanoff, Macri, Morgan, Ormsby, Ortiz-Self, Orwall, Peterson, Pollet, Ramel, Ramos, Riccelli, Ryu, Santos, Sells, Senn, Simmons, Slatter, Springer, Stonier, Sullivan, Taylor, Thai, Tharinger, Valdez, Walen, Wicks, Wylie, Jinkins
Voting Nay: Representatives Abbarno, Barkis, Boehnke, Caldier, Chambers, Chandler, Chase, Corry, Dent, Dufault, Dye, Entenman, Eslick, Gilday, Goehner, Graham, Griffey, Harris, Hoff, Jacobsen, Klicker, Klippert, Kraft, Kretz, MacEwen, Maycumber, McCaslin, McEntire, Mosbrucker, Orcutt, Paul, Robertson, Rude, Rule, Schmick, Shewmake, Steele, Stokesbary, Sutherland, Vick, Volz, Walsh, Wilcox, Ybarra, Young
Read the Original Bill (link)
Read the Substitute Bill
Read the Engrossed Substitute
Read the House Bill Analysis 2021
Read the House Bill Report
Read the Engrossed Substitute House Bill Report
The bill analysis and bill report are prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not part of the legislation nor does it constitute a statement of legislative intent.
Brief Summary of Bill
- Eliminates the sentencing enhancement for certain controlled substances violations committed in protected zones, as well as the sentencing enhancement for involving a minor in a criminal street gang-related felony.
- Removes the requirement that a court order multiple firearm or deadly weapons enhancements to be served consecutively, and instead leaves the matter within the discretion of the court.
- Provides a process for resentencing persons who are currently serving a sentence that includes multiple, consecutive firearm enhancements.
- Removes current law restrictions on partial confinement and earned early release for sentencing enhancements, and applies the changes retroactively to all incarcerated persons.
Sentences for most felony offenses are determined by reference to a sentencing grid. The sentencing grid provides a standard range of months of confinement, based on both the severity, or “seriousness level,” of the offense and the convicted person’s “offender score,” which is based on the offender’s criminal history. While the grid provides the base sentence, additional sentencing policies can increase or decrease a sentence. This includes, for example, enhancements, exceptional sentences, and alternative sentences.
Statutory sentencing enhancements add a specified amount of confinement time to an offender’s base sentence in qualifying cases.
Jan 22, 2021, House Public Safety at 10:00 AM
Jan 29, 2021, House Public Safety at 10:00 AM
Feb 16, 2021, House Appropriations at 1:30 PM
Feb 17, 2021, House Appropriations at 1:30 PM
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Unless otherwise noted, the above information was obtained from the official Washington State Legislative website. Future meetings are subject to change. Auburn representatives in bold.