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Senate Considers Sentencing Enhancement Reform Bill

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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.

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ESHB 1169- 2021-22 Concerning Sentencing Enhancements

Bill Information
Bill Information Page (link)

Concerning: An act relating to sentencing enhancements. Engrossed Substitute House Bill
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
Jan 10 By resolution, reintroduced and retained in present status.
Feb 10 Rules Committee relieved of further consideration. Placed on second reading.
Feb 12 1st substitute bill substituted (PS 21).
Floor amendment(s) adopted.
Rules suspended. Placed on Third Reading.
            Third reading, passed; yeas, 53; nays, 45; absent, 0; excused, 0. (roll call below)

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

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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

Absent:
Excused:


Committee Materials

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.

Criminal Sentences
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.

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Sentencing Enhancements
Statutory sentencing enhancements add a specified amount of confinement time to an offender’s base sentence in qualifying cases.

Available Videos

Live video of legislative activity is available on TVW.  Links listed for meetings in the future will be linked to live meetings.  Video links take you off of the Auburn Examiner website to the TVW website.
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

Did you miss our last legislative update? Check it out now

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.

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