wa-law.org > bill > 2023-24 > SB 5056 > Substitute Bill

SB 5056 - Habitual property offenders

Source

Section 1

  1. The legislature finds there to be a significant number of property crimes in Washington and that the current practices in the criminal justice system are ineffective in reducing recidivism.

  2. The legislature further finds that a large portion of property crimes in Washington are committed by habitual offenders. Increasing the sanctions for habitual property offenders will provide more effective deterrents to recidivism. The legislature intends to enhance the courts' discretion to more appropriately sentence habitual property offenders with significant histories of burglary and theft.

Section 2

  1. The prosecuting attorney may file a special allegation when sufficient evidence exists to show that the accused is a habitual property offender.

  2. In a criminal case in which there has been a special allegation and the accused has been convicted of the underlying crime, the court shall make a finding of fact prior to sentencing whether the person is a habitual property offender based on the person's criminal history. If the court finds beyond a reasonable doubt that the person is a habitual property offender, the person shall be sentenced in accordance with RCW 9.94A.533(16).

  3. For purposes of this section, a person is a habitual property offender if:

    1. The present felony conviction for which the person is being sentenced is for residential burglary, burglary in the second degree, theft in the first degree, theft in the second degree, theft of a firearm, unlawful issuance of checks or drafts, organized retail theft, theft with special circumstances, or mail theft;

    2. The person has an offender score of nine points or higher;

    3. At least five of the points in the person's offender score result from any combination of the following felony offenses: Residential burglary; burglary in the second degree; theft in the first degree; theft in the second degree; theft of a firearm; unlawful issuance of checks or drafts; organized retail theft; theft with special circumstances; or mail theft; and

    4. The person has committed three or more property crime offenses within 180 days.

Section 3

(1) The provisions of this section apply to the standard sentence ranges determined by RCW 9.94A.510 or 9.94A.517.

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