HB 1591

H-3515.1
  SECOND SUBSTITUTE HOUSE BILL 1591
State of Washington  69th Legislature    2026 Regular Session
By House Appropriations (originally sponsored by Representatives
Taylor,   Goodman,   Parshley, Simmons, Ormsby,  Scott,  Doglio,
Salahuddin, Reed, and Davis)
READ FIRST TIME 02/09/26.
1      AN ACT Relating to providing remedies for defendant survivors of
2  domestic violence, sexual assault, or human trafficking; amending RCW
3  9.94A.501, 9.94A.533, 9.94A.535, 9.94A.540, 9.94A.570, 9.94A.640, and
4  9.96.060; adding new sections to chapter 9.94A RCW; adding a new
5  section to chapter 9.96 RCW; adding a new section to chapter 72.09
6  RCW; creating new sections; and providing an expiration date.
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
8Legislative Intent
9     NEW SECTION.    Sec. 1.    The legislature finds that domestic
10 violence, sexual assault, and human trafficking are among the most
11 serious crimes against society. Washington's laws have long provided
12 strong penalties for perpetrators and robust protections for victims,
13 recognizing that these crimes cause lasting harm, predict future
14 violence, and disproportionately affect women, low-income people, and
15 communities of color.
16     At the same time, the legislature acknowledges that certain
17 defendants appearing before Washington courts are also survivors of
18 domestic violence, sexual assault, or human trafficking. Their
19 criminal conduct often arises from coercion, duress, or trauma
20 responses linked directly to their victimization. This abuse-to-
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1 prison pipeline has resulted in survivors serving sentences for
2 conduct that reflects the control of their abusers, rather than
3 independent, intentional choices to commit harm.
4     Therefore, the legislature intends to authorize sentencing
5 alternatives for survivors whose offenses were significantly shaped
6 by domestic violence, sexual assault, or human trafficking, and who
7 acted to protect themselves or their children, complied under
8 coercion, or offended under credible threats of harm. This reform
9 will ensure that courts are authorized to consider the impact of
10 victimization while still imposing sentences that reflect the
11 seriousness of the offense, uphold accountability, and protect public
12 safety.
13     The legislature further intends to provide relief only in cases
14 where the defendant's criminal conduct was directly influenced by
15 domestic violence, sexual assault, or human trafficking. By focusing
16 on remedies for survivor defendants, Washington will continue its
17 leadership in victim protection while ensuring that justice remains
18 proportionate, trauma-informed, and consistent with public safety.
19Sentencing Alternative
20     NEW SECTION.   Sec. 2.  A new section is added to chapter 9.94A
21 RCW to read as follows:
22     (1) Notwithstanding any other provision of this chapter, the
23 court may reduce any term of incarceration or other criminal
24 penalties under this chapter or impose available alternatives as
25 provided under subsection (2) of this section when sentencing any
26 defendant for one or more crimes where: At the time of the offense,
27 the defendant was a verified victim of domestic violence, sexual
28 assault, or human trafficking involving a pattern of severe or
29 coercive abuse that created ongoing fear, control, or dependency, and
30 subjected   the  defendant  to   substantial  physical,   sexual,   or
31 psychological abuse; the domestic violence or abuse suffered by the
32 defendant was the primary and proximate cause of the defendant's
33 criminal   conduct;   and   the   generally   applicable    sentencing
34 requirements under this chapter would be unduly harsh given the
35 nature and circumstances of the crime and the history, character, and
36 condition of the defendant.
37     (2)(a) Prior to reducing a term of incarceration or imposing
38 alternatives under this section, the court shall make findings as to
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1 whether the defendant qualifies under this section. The court may
2 determine a defendant qualifies under this section regardless of
3 whether the defendant previously raised any defense related to the
4 domestic violence or abuse.
5     (b)(i) The court may consider the following when making its
6 finding as to whether the domestic violence or abuse suffered by the
7 defendant was the primary and proximate cause of his or her criminal
8 conduct: Whether the defendant is being sentenced for a crime against
9 an intimate partner who committed domestic violence against the
10 defendant; whether, at any point in time, the defendant has been
11 diagnosed with or treated for any behavioral health condition related
12 to   prior  victimization;   evidence  that  the   defendant's  prior
13 victimization has affected how the defendant perceives their safety
14 and security; evidence that the defendant's prior victimization has
15 affected how the defendant perceives their ability to receive help
16 through law enforcement or other government entities; evidence that
17 the defendant's prior victimization has limited the defendant's
18 ability to achieve financial independence; and any other factors
19 deemed relevant by the court.
20     (ii) Domestic violence or abuse suffered by the defendant may
21 only be considered the primary and proximate cause of his or her
22 criminal conduct if the court finds a temporal nexus between the
23 domestic violence or abuse and the criminal conduct. Remote or
24 historical domestic violence or abuse suffered by the defendant
25 without a contemporaneous connection to his or her criminal conduct
26 does not satisfy this requirement.
27     (c) In making findings under this section, the court may consider
28 any of the following: Oral and written arguments; a written statement
29 from the defendant; testimony from the defendant or from witnesses
30 offered by either party; written statements from third parties
31 regarding whether the defendant is a survivor of domestic violence,
32 sexual assault, human trafficking, or stalking including, but not
33 limited to, statements from a mental health or victim service
34 provider or school administrator or teacher; medical records and
35 documents; physical evidence; copies of restraining, antiharassment,
36 or protection orders; police reports; recordings of 911 calls; expert
37 testimony; and any other relevant evidence.
38     (3) If the court finds that a defendant qualifies under this
39 section, the court may, in its discretion:
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1     (a) Impose a sentence below the standard range under RCW
2 9.94A.510, and, to the extent authorized under state law, below any
3 mandatory minimum terms under RCW 9.94A.540 and 9.94A.570, except for
4 offenses involving sexual abuse;
5     (b) Depart downward from any sentencing enhancements under RCW
6 9.94A.533; or
7     (c) Impose the sentencing alternative under section 3 of this
8 act.
9     (4) Nothing in this section modifies the authority of the court
10 to impose any other available sentencing alternatives for a
11 qualifying defendant including, but not limited to, alternatives
12 under RCW 9.94A.650, 9.94A.655, 9.94A.660, 9.94A.670, or 9.94A.711.
13      (5) Defendants sentenced for offenses under any of the following
14 are not eligible for alternative sentencing under this act: RCW
15 10.95.020 (aggravated first degree murder); RCW 9A.32.030 (first
16 degree murder); RCW 9A.32.055 (homicide by abuse; minors and
17 dependent adults); RCW 9A.36.120 (first degree assault of a child);
18 RCW 46.61.520 (vehicular homicide); an offense committed with intent
19 to commit a terrorist act under chapter 70.74 RCW; any offense
20 requiring sex offender registration under chapter 9A.44 RCW; and
21 attempt or conspiracy to commit any of the foregoing.
22     (6) For the purposes of this section, "family or household
23 member" and "intimate partner" have the same meanings as provided in
24 RCW 10.99.020.
25     (7) For the purposes of this section, a "verified victim" means a
26 person for whom there exists:
27     (a) A criminal or civil court record referencing the person's
28 victimization;
29     (b) A documented report from a qualified domestic violence,
30 sexual assault, or human trafficking professional attesting to the
31 person's victimization, including but not limited to such reports by:
32     (i) A prosecutor;
33     (ii) Law enforcement officer; or
34     (iii) Community or system-based victim advocate; or
35     (c) A protection order, restraining order, or no-contact order
36 naming the person as a victim.
37     NEW SECTION.   Sec. 3.   A new section is added to chapter 9.94A
38 RCW to read as follows:
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1     (1) A person is eligible for the sentencing alternative under
2 this section if the court finds that he or she meets the criteria
3 under section 2 of this act. To assist the court in determining
4 whether the alternative is appropriate for the defendant, the court
5 may order the department to complete a risk assessment report or a
6 chemical dependency screening report as provided in RCW 9.94A.500.
7     (2) If the sentencing court determines that the person is
8 eligible for the sentencing alternative under this section and that
9 the sentencing alternative is appropriate and should be imposed, the
10 court shall waive the sentence within the standard sentence range and
11 any applicable enhancements, and instead impose: A reduced term of
12 confinement with an extended term of community custody, as determined
13 by the court; or waive the term of confinement and impose an extended
14 term of community custody. The court has complete discretion to
15 determine the term of incarceration and community custody, provided
16 that the combined length of both does not exceed the standard range
17 and enhancements applicable to the underlying crime or crimes for
18 which the defendant has been convicted. For the term of community
19 custody, the court may impose conditions as provided in RCW 9.94A.703
20 and may impose other affirmative conditions as the court considers
21 appropriate, and the department may impose conditions and sanctions
22 as authorized in RCW 9.94A.704 and 9.94A.737.
23     (3) For any person serving a term of community custody under this
24 section:
25     (a) The department shall report to the court if the person
26 commits any violations of the conditions imposed by the court or the
27 department;
28     (b) The court may order the person to report to court at any time
29 during the period of community custody in order to evaluate the
30 person's compliance or progress with his or her conditions, or to
31 determine if any violations of the conditions have occurred;
32     (c) The court may modify the conditions of community custody or
33 impose sanctions for violations, including extending the term of
34 community custody; and
35     (d) The court may order the person to serve a term of total
36 confinement within the standard range for the offense at any time
37 during the period of community custody, if the person violates the
38 conditions or requirements of the sentence.
39Resentencing, Vacating, and Other Provisions
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1     NEW SECTION.   Sec. 4.   A new section is added to chapter 9.94A
2 RCW to read as follows:
3     (1)(a) Any person who is currently incarcerated and serving a
4 sentence of at least eight years imposed prior to the effective date
5 of this section may petition the sentencing court for resentencing on
6 the basis that he or she meets the requirements described in section
7 2(1) of this act. A petition must include at least two pieces of
8 evidence corroborating the applicant's claim of eligibility:
9     (i) At least one piece of evidence must be either a court record,
10 presentence report, social services record, hospital record, sworn
11 statement from a witness to the domestic violence or abuse, law
12 enforcement record, domestic incident report, or order of protection.
13     (ii) Other evidence may include, but shall not be limited to,
14 local and state department of corrections or other corrections
15 records, a showing based in part on documentation prepared at or near
16 the time of the commission of the offense or the prosecution thereof
17 tending   to  support   the   person's  claim,   or  verification   of
18 consultation with a licensed medical or mental health care provider,
19 employee of a court acting within the scope of his or her employment,
20 member of the clergy, attorney, social worker, or other advocate
21 acting on behalf of an agency that assists victims of domestic
22 violence for the purpose of assisting such person with domestic
23 violence victim counseling or support.
24     (2) The court may deny a petition for resentencing without a
25 hearing and must notify the person and dismiss the petition without
26 prejudice. If the court orders a hearing on the petition, the court
27 may receive testimony and evidence as provided under section 2(2) of
28 this act.
29     (a) The court may consider any fact or circumstances relevant to
30 the imposition of a new sentence which are submitted by the
31 petitioner or the prosecuting attorney, including the petitioner's
32 record of confinement.
33     (b) The court's consideration of the individual's record of
34 confinement shall include, but not be limited to, such applicant's
35 participation in or willingness to participate in programming
36 concerning domestic violence, parenting and substance abuse treatment
37 while incarcerated, and the applicant's disciplinary history. The
38 fact that the applicant may have been unable to participate in
39 treatment or other programming while incarcerated despite such
40 applicant's willingness to do so shall not be considered a negative
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1 factor in making a determination on a petition pursuant to this
2 section.
3     (c) If the court grants a petition, the court may resentence the
4 person in accordance with sections 2 and 3 of this act, provided that
5 any new sentence may not be greater than the initial sentence.
6      (d) If the court determines that the applicant should not be
7 resentenced in accordance with this act, the court shall inform such
8 petitioner and shall enter an order to that effect. Any order issued
9 by a court pursuant to this section must include written findings of
10 fact and the reasons for such order.
11      (3) If a hearing on a petition is scheduled pursuant to this
12 section, the prosecuting attorney shall make reasonable efforts to
13 notify victims and survivors of victims of the petition and the date
14 of hearing. The prosecuting attorney shall provide victims and
15 survivors of victims access to available victim advocates and other
16 related services. The court shall provide an opportunity for victims
17 and survivors of victims of any crimes for which the defendant has
18 been    convicted  to   present   a   statement   personally   or  by
19 representation. The prosecuting attorney and the court shall comply
20 with the requirements set forth in chapter 7.69 RCW.
21     (4) A petition filed under this section does not reopen the
22 defendant's conviction to challenges that would otherwise be barred.
23     (5)(a) An appeal may be taken as of right in accordance with
24 applicable provisions of this act:
25     (i) From an order denying resentencing; or
26     (ii) From a new sentence imposed under this provision.
27     (b) An appeal may be based on the grounds that:
28      (i) The term of the new sentence is harsh or excessive; or
29      (ii) The term of the new sentence is unauthorized as a matter of
30 law.
31      (c) Upon remand to the sentencing court following such appeal the
32 applicant shall be given an opportunity to withdraw an application
33 for resentencing before any resentence is imposed.
34     Sec. 5.   RCW 9.94A.501 and 2025 c 371 s 2 are each amended to
35 read as follows:
36     (1) The department shall supervise the following individuals who
37 are sentenced to probation in superior court, pursuant to RCW
38 9.92.060, 9.95.204, or 9.95.210:
39     (a) Individuals convicted of:
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1     (i) Sexual misconduct with a minor second degree;
2     (ii) Custodial sexual misconduct second degree;
3     (iii) Communication with a minor for immoral purposes; and
4     (iv) Violation of RCW 9A.44.132(2) (failure to register); and
5     (b) Individuals who have:
6     (i) A current conviction for a repetitive domestic violence
7 offense after August 1, 2011; and
8     (ii) A prior conviction for a repetitive domestic violence
9 offense or domestic violence felony offense after August 1, 2011.
10     (2) Individuals convicted of misdemeanor and gross misdemeanor
11 offenses supervised by the department pursuant to this section shall
12 be placed on community custody.
13     (3) The department shall supervise every individual convicted of
14 a felony and sentenced to community custody pursuant to RCW 9.94A.701
15 or 9.94A.702 whose risk assessment classifies the individual as one
16 who is at a high risk to reoffend.
17     (4) Notwithstanding any other provision of this section, the
18 department shall supervise an individual sentenced to community
19 custody regardless of risk classification if the individual:
20     (a) Has a current conviction for a sex offense or a serious
21 violent offense and was sentenced to a term of community custody
22 pursuant to RCW 9.94A.701, 9.94A.702, or 9.94A.507;
23     (b) Has been identified by the department as a dangerous mentally
24 ill offender pursuant to RCW 72.09.370;
25     (c) Has an indeterminate sentence and is subject to parole
26 pursuant to RCW 9.95.017;
27     (d) Has a current conviction for violating RCW 9A.44.132(1)
28 (failure to register) and was sentenced to a term of community
29 custody pursuant to RCW 9.94A.701;
30     (e)(i) Has a current conviction for a domestic violence felony
31 offense after August 1, 2011, and a prior conviction for a repetitive
32 domestic violence offense or domestic violence felony offense after
33 August 1, 2011. This subsection (4)(e)(i) applies only to offenses
34 committed prior to July 24, 2015;
35     (ii) Has a current conviction for a domestic violence felony
36 offense. The state and its officers, agents, and employees shall not
37 be held criminally or civilly liable for its supervision of an
38 individual under this subsection (4)(e)(ii) unless the state and its
39 officers, agents, and employees acted with gross negligence;
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1     (f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660,
2 9.94A.670, 9.94A.711, 9.94A.695, section 2 or 3 of this act, or
3 9.94A.661;
4     (g) Is subject to supervision pursuant to RCW 9.94A.745; or
5     (h) Was convicted and sentenced under RCW 46.61.520 (vehicular
6 homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6)
7 (felony DUI), or RCW 46.61.504(6) (felony physical control).
8     (5) The department shall supervise any individual released by the
9 indeterminate sentence review board who was sentenced to community
10 custody or subject to community custody under the terms of release.
11     (6) The department shall supervise any individual granted
12 conditional commutation pursuant to RCW 9.94A.885.
13     (7) The department is not authorized to, and may not, supervise
14 any individual sentenced to a term of community custody or any
15 probationer unless the individual or probationer is one for whom
16 supervision is required under this section.
17     (8) The department shall conduct a risk assessment for every
18 individual convicted of a felony and sentenced to a term of community
19 custody who may be subject to supervision under this section.
20     (9) The period of time the department is authorized to supervise
21 an individual under this section may not exceed the duration of
22 community custody specified under RCW 9.94B.050, 9.94A.701 (1)
23 through (9), or 9.94A.702, except in cases where the court has
24 imposed an exceptional term of community custody under RCW 9.94A.535
25 and where the governor imposes a term of community custody as a
26 condition of conditional commutation or imposes an additional term of
27 community custody due to a violation of conditional commutation.
28     (10) The period of time the department is authorized to supervise
29 an individual under this section may be reduced by the earned award
30 of supervision compliance credit pursuant to RCW 9.94A.717.
31     Sec. 6.   RCW 9.94A.533 and 2024 c 301 s 28 are each amended to
32 read as follows:
33     (1) The provisions of this section apply to the standard sentence
34 ranges determined by RCW 9.94A.510 or 9.94A.517.
35     (2) For persons convicted of the anticipatory offenses of
36 criminal attempt, solicitation, or conspiracy under chapter 9A.28
37 RCW, the standard sentence range is determined by locating the
38 sentencing grid sentence range defined by the appropriate offender
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1 score and the seriousness level of the completed crime, and
2 multiplying the range by seventy-five percent.
3     (3) The following additional times shall be added to the standard
4 sentence range for felony crimes committed after July 23, 1995, if
5 the offender or an accomplice was armed with a firearm as defined in
6 RCW 9.41.010 and the offender is being sentenced for one of the
7 crimes listed in this subsection as eligible for any firearm
8 enhancements based on the classification of the completed felony
9 crime. If the offender is being sentenced for more than one offense,
10 the firearm enhancement or enhancements must be added to the total
11 period of confinement for all offenses, regardless of which
12 underlying offense is subject to a firearm enhancement. If the
13 offender or an accomplice was armed with a firearm as defined in RCW
14 9.41.010 and the offender is being sentenced for an anticipatory
15 offense under chapter 9A.28 RCW to commit one of the crimes listed in
16 this subsection as eligible for any firearm enhancements, the
17 following additional times shall be added to the standard sentence
18 range determined under subsection (2) of this section based on the
19 felony crime of conviction as classified under RCW 9A.28.020:
20     (a) Five years for any felony defined under any law as a class A
21 felony or with a statutory maximum sentence of at least twenty years,
22 or both, and not covered under (f) of this subsection;
23     (b) Three years for any felony defined under any law as a class B
24 felony or with a statutory maximum sentence of ten years, or both,
25 and not covered under (f) of this subsection;
26     (c) Eighteen months for any felony defined under any law as a
27 class C felony or with a statutory maximum sentence of five years, or
28 both, and not covered under (f) of this subsection;
29     (d) If the offender is being sentenced for any firearm
30 enhancements under (a), (b), and/or (c) of this subsection and the
31 offender has previously been sentenced for any deadly weapon
32 enhancements after July 23, 1995, under (a), (b), and/or (c) of this
33 subsection or subsection (4)(a), (b), and/or (c) of this section, or
34 both, all firearm enhancements under this subsection shall be twice
35 the amount of the enhancement listed;
36     (e) Notwithstanding any other provision of law, all firearm
37 enhancements under this section are mandatory, shall be served in
38 total confinement, and shall run consecutively to all other
39 sentencing provisions, including other firearm or deadly weapon
40 enhancements, for all offenses sentenced under this chapter. However,
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1 whether or not a mandatory minimum term has expired, an offender
2 serving a sentence under this subsection may be:
3     (i) Granted an extraordinary medical placement when authorized
4 under RCW 9.94A.728(1)(c); or
5     (ii) Released under the provisions of RCW 9.94A.730;
6     (f) The firearm enhancements in this section shall apply to all
7 felony crimes except the following: Possession of a machine gun or
8 bump-fire stock, possessing a stolen firearm, drive-by shooting,
9 theft of a firearm, unlawful possession of a firearm in the first and
10 second degree, and use of a machine gun or bump-fire stock in a
11 felony;
12     (g) If the standard sentence range under this section exceeds the
13 statutory maximum sentence for the offense, the statutory maximum
14 sentence shall be the presumptive sentence unless the offender is a
15 persistent offender. If the addition of a firearm enhancement
16 increases the sentence so that it would exceed the statutory maximum
17 for the offense, the portion of the sentence representing the
18 enhancement may not be reduced.
19     (4) The following additional times shall be added to the standard
20 sentence range for felony crimes committed after July 23, 1995, if
21 the offender or an accomplice was armed with a deadly weapon other
22 than a firearm as defined in RCW 9.41.010 and the offender is being
23 sentenced for one of the crimes listed in this subsection as eligible
24 for any deadly weapon enhancements based on the classification of the
25 completed felony crime. If the offender is being sentenced for more
26 than one offense, the deadly weapon enhancement or enhancements must
27 be added to the total period of confinement for all offenses,
28 regardless of which underlying offense is subject to a deadly weapon
29 enhancement. If the offender or an accomplice was armed with a deadly
30 weapon other than a firearm as defined in RCW 9.41.010 and the
31 offender is being sentenced for an anticipatory offense under chapter
32 9A.28 RCW to commit one of the crimes listed in this subsection as
33 eligible for any deadly weapon enhancements, the following additional
34 times shall be added to the standard sentence range determined under
35 subsection (2) of this section based on the felony crime of
36 conviction as classified under RCW 9A.28.020:
37     (a) Two years for any felony defined under any law as a class A
38 felony or with a statutory maximum sentence of at least twenty years,
39 or both, and not covered under (f) of this subsection;
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1     (b) One year for any felony defined under any law as a class B
2 felony or with a statutory maximum sentence of ten years, or both,
3 and not covered under (f) of this subsection;
4     (c) Six months for any felony defined under any law as a class C
5 felony or with a statutory maximum sentence of five years, or both,
6 and not covered under (f) of this subsection;
7     (d) If the offender is being sentenced under (a), (b), and/or (c)
8 of this subsection for any deadly weapon enhancements and the
9 offender has previously been sentenced for any deadly weapon
10 enhancements after July 23, 1995, under (a), (b), and/or (c) of this
11 subsection or subsection (3)(a), (b), and/or (c) of this section, or
12 both, all deadly weapon enhancements under this subsection shall be
13 twice the amount of the enhancement listed;
14     (e) Notwithstanding any other provision of law, all deadly weapon
15 enhancements under this section are mandatory, shall be served in
16 total confinement, and shall run consecutively to all other
17 sentencing provisions, including other firearm or deadly weapon
18 enhancements, for all offenses sentenced under this chapter. However,
19 whether or not a mandatory minimum term has expired, an offender
20 serving a sentence under this subsection may be:
21     (i) Granted an extraordinary medical placement when authorized
22 under RCW 9.94A.728(1)(c); or
23     (ii) Released under the provisions of RCW 9.94A.730;
24     (f) The deadly weapon enhancements in this section shall apply to
25 all felony crimes except the following: Possession of a machine gun
26 or bump-fire stock, possessing a stolen firearm, drive-by shooting,
27 theft of a firearm, unlawful possession of a firearm in the first and
28 second degree, and use of a machine gun or bump-fire stock in a
29 felony;
30     (g) If the standard sentence range under this section exceeds the
31 statutory maximum sentence for the offense, the statutory maximum
32 sentence shall be the presumptive sentence unless the offender is a
33 persistent offender. If the addition of a deadly weapon enhancement
34 increases the sentence so that it would exceed the statutory maximum
35 for the offense, the portion of the sentence representing the
36 enhancement may not be reduced.
37     (5) The following additional times shall be added to the standard
38 sentence range if the offender or an accomplice committed the offense
39 while in a county jail or state correctional facility and the
40 offender is being sentenced for one of the crimes listed in this
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1 subsection. If the offender or an accomplice committed one of the
2 crimes listed in this subsection while in a county jail or state
3 correctional facility, and the offender is being sentenced for an
4 anticipatory offense under chapter 9A.28 RCW to commit one of the
5 crimes listed in this subsection, the following additional times
6 shall be added to the standard sentence range determined under
7 subsection (2) of this section:
8     (a) Eighteen months for offenses committed under RCW 69.50.401(2)
9 (a) or (b) or 69.50.410;
10     (b) Fifteen months for offenses committed under RCW 69.50.401(2)
11 (c), (d), or (e);
12     (c) Twelve months for offenses committed under RCW 69.50.4013.
13     For the purposes of this subsection, all of the real property of
14 a state correctional facility or county jail shall be deemed to be
15 part of that facility or county jail.
16     (6) An additional twenty-four months shall be added to the
17 standard sentence range for any ranked offense involving a violation
18 of chapter 69.50 RCW if the offense was also a violation of RCW
19 69.50.435 or 9.94A.827. All enhancements under this subsection shall
20 run consecutively to all other sentencing provisions, for all
21 offenses sentenced under this chapter.
22     (7) An additional two years shall be added to the standard
23 sentence range for vehicular homicide committed while under the
24 influence of intoxicating liquor or any drug as defined by RCW
25 46.61.502 for each prior offense as defined in RCW 46.61.5055.
26     Notwithstanding any other provision of law, all impaired driving
27 enhancements under this subsection are mandatory, shall be served in
28 total confinement, and shall run consecutively to all other
29 sentencing provisions, including other impaired driving enhancements,
30 for all offenses sentenced under this chapter.
31     An offender serving a sentence under this subsection may be
32 granted an extraordinary medical placement when authorized under RCW
33 9.94A.728(1)(c).
34     (8)(a) The following additional times shall be added to the
35 standard sentence range for felony crimes committed on or after July
36 1, 2006, if the offense was committed with sexual motivation, as that
37 term is defined in RCW 9.94A.030. If the offender is being sentenced
38 for more than one offense, the sexual motivation enhancement must be
39 added to the total period of total confinement for all offenses,
40 regardless of which underlying offense is subject to a sexual
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1 motivation enhancement. If the offender committed the offense with
2 sexual motivation and the offender is being sentenced for an
3 anticipatory   offense  under   chapter  9A.28   RCW,  the   following
4 additional times shall be added to the standard sentence range
5 determined under subsection (2) of this section based on the felony
6 crime of conviction as classified under RCW 9A.28.020:
7     (i) Two years for any felony defined under the law as a class A
8 felony or with a statutory maximum sentence of at least twenty years,
9 or both;
10     (ii) Eighteen months for any felony defined under any law as a
11 class B felony or with a statutory maximum sentence of ten years, or
12 both;
13     (iii) One year for any felony defined under any law as a class C
14 felony or with a statutory maximum sentence of five years, or both;
15     (iv) If the offender is being sentenced for any sexual motivation
16 enhancements under (a)(i), (ii), and/or (iii) of this subsection and
17 the offender has previously been sentenced for any sexual motivation
18 enhancements on or after July 1, 2006, under (a)(i), (ii), and/or
19 (iii) of this subsection, all sexual motivation enhancements under
20 this subsection shall be twice the amount of the enhancement listed;
21     (b) Notwithstanding any other provision of law, all sexual
22 motivation enhancements under this subsection are mandatory, shall be
23 served in total confinement, and shall run consecutively to all other
24 sentencing    provisions,    including   other    sexual    motivation
25 enhancements, for all offenses sentenced under this chapter. However,
26 whether or not a mandatory minimum term has expired, an offender
27 serving a sentence under this subsection may be:
28     (i) Granted an extraordinary medical placement when authorized
29 under RCW 9.94A.728(1)(c); or
30     (ii) Released under the provisions of RCW 9.94A.730;
31     (c) The sexual motivation enhancements in this subsection apply
32 to all felony crimes;
33     (d) If the standard sentence range under this subsection exceeds
34 the statutory maximum sentence for the offense, the statutory maximum
35 sentence shall be the presumptive sentence unless the offender is a
36 persistent offender. If the addition of a sexual motivation
37 enhancement increases the sentence so that it would exceed the
38 statutory maximum for the offense, the portion of the sentence
39 representing the enhancement may not be reduced;
  p. 14  2SHB 1591
1     (e) The portion of the total confinement sentence which the
2 offender must serve under this subsection shall be calculated before
3 any earned early release time is credited to the offender;
4     (f) Nothing in this subsection prevents a sentencing court from
5 imposing a sentence outside the standard sentence range pursuant to
6 RCW 9.94A.535.
7     (9) An additional one-year enhancement shall be added to the
8 standard sentence range for the felony crimes of RCW 9A.44.073,
9 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089 committed on
10 or after July 22, 2007, if the offender engaged, agreed, or offered
11 to engage the victim in the sexual conduct in return for a fee. If
12 the offender is being sentenced for more than one offense, the
13 one-year enhancement must be added to the total period of total
14 confinement for all offenses, regardless of which underlying offense
15 is subject to the enhancement. If the offender is being sentenced for
16 an anticipatory offense for the felony crimes of RCW 9A.44.073,
17 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, and the
18 offender attempted, solicited another, or conspired to engage, agree,
19 or offer to engage the victim in the sexual conduct in return for a
20 fee, an additional one-year enhancement shall be added to the
21 standard sentence range determined under subsection (2) of this
22 section. For purposes of this subsection, "sexual conduct" means
23 sexual intercourse or sexual contact, both as defined in chapter
24 9A.44 RCW.
25     (10)(a) For a person age eighteen or older convicted of any
26 criminal street gang-related felony offense for which the person
27 compensated, threatened, or solicited a minor in order to involve the
28 minor in the commission of the felony offense, the standard sentence
29 range is determined by locating the sentencing grid sentence range
30 defined by the appropriate offender score and the seriousness level
31 of the completed crime, and multiplying the range by one hundred
32 twenty-five percent. If the standard sentence range under this
33 subsection exceeds the statutory maximum sentence for the offense,
34 the statutory maximum sentence is the presumptive sentence unless the
35 offender is a persistent offender.
36     (b) This subsection does not apply to any criminal street gang-
37 related felony offense for which involving a minor in the commission
38 of the felony offense is an element of the offense.
39     (c) The increased penalty specified in (a) of this subsection is
40 unavailable in the event that the prosecution gives notice that it
  p. 15  2SHB 1591
1 will seek an exceptional sentence based on an aggravating factor
2 under RCW 9.94A.535.
3     (11) An additional twelve months and one day shall be added to
4 the standard sentence range for a conviction of attempting to elude a
5 police vehicle as defined by RCW 46.61.024, if the conviction
6 included a finding by special allegation of endangering one or more
7 persons under RCW 9.94A.834.
8     (12) An additional twelve months shall be added to the standard
9 sentence range for an offense that is also a violation of RCW
10 9.94A.831.
11     (13) An additional twelve months shall be added to the standard
12 sentence range for vehicular homicide committed while under the
13 influence of intoxicating liquor or any drug as defined by RCW
14 46.61.520 or for vehicular assault committed while under the
15 influence of intoxicating liquor or any drug as defined by RCW
16 46.61.522, or for any felony driving under the influence (RCW
17 46.61.502(6)) or felony physical control under the influence (RCW
18 46.61.504(6)) for each child passenger under the age of sixteen who
19 is an occupant in the defendant's vehicle. These enhancements shall
20 be mandatory, shall be served in total confinement, and shall run
21 consecutively to all other sentencing provisions, including other
22 minor child enhancements, for all offenses sentenced under this
23 chapter. If the addition of a minor child enhancement increases the
24 sentence so that it would exceed the statutory maximum for the
25 offense, the portion of the sentence representing the enhancement
26 shall be mandatory, shall be served in total confinement, and shall
27 run consecutively to all other sentencing provisions.
28     (14) An additional twelve months shall be added to the standard
29 sentence range for an offense that is also a violation of RCW
30 9.94A.832.
31     (15) An additional 12 months may, at the discretion of the court,
32 be added to the standard sentence range for an offense that is also a
33 violation of RCW 9.94A.828.
34     (16) Regardless of any provisions in this section, if a person is
35 being sentenced in adult court for a crime committed under age
36 eighteen, the court has full discretion to depart from mandatory
37 sentencing enhancements and to take the particular circumstances
38 surrounding the defendant's youth into account.
39     (17) Regardless of any provisions in this section, if the court
40 finds a person qualifies under section 2 or 3 of this act, the court
  p. 16  2SHB 1591
1 has full discretion   to   depart   downward   from   mandatory   sentencing
2 enhancements.
3     Sec. 7. RCW 9.94A.535 and 2025 c 90 s 1 are each amended to read
4 as follows:
5     The court may impose a sentence outside the standard sentence
6 range for an offense if it finds, considering the purpose of this
7 chapter, that there are substantial and compelling reasons justifying
8 an exceptional sentence. Facts supporting aggravated sentences, other
9 than the fact of a prior conviction, shall be determined pursuant to
10 the provisions of RCW 9.94A.537.
11     Whenever a sentence outside the standard sentence range is
12 imposed, the court shall set forth the reasons for its decision in
13 written findings of fact and conclusions of law. A sentence outside
14 the standard sentence range shall be a determinate sentence.
15     If the sentencing court finds that an exceptional sentence
16 outside the standard sentence range should be imposed, the sentence
17 is subject to review only as provided for in RCW 9.94A.585(4).
18     A departure from the standards in RCW 9.94A.589 (1) and (2)
19 governing whether sentences are to be served consecutively or
20 concurrently is an exceptional sentence subject to the limitations in
21 this section, and may be appealed by the offender or the state as set
22 forth in RCW 9.94A.585 (2) through (6).
23     (1) Mitigating Circumstances - Court to Consider
24     The court may impose an exceptional sentence below the standard
25 range if it finds that mitigating circumstances are established by a
26 preponderance of the evidence. The following are illustrative only
27 and are not intended to be exclusive reasons for exceptional
28 sentences.
29     (a) To a significant degree, the victim was an initiator, willing
30 participant, aggressor, or provoker of the incident.
31     (b) Before detection, the defendant compensated, or made a good
32 faith effort to compensate, the victim of the criminal conduct for
33 any damage or injury sustained.
34     (c) The defendant committed the crime under duress, coercion,
35 threat, or compulsion insufficient to constitute a complete defense
36 but which significantly affected his or her conduct.
37     (d) The defendant, with no apparent predisposition to do so, was
38 induced by others to participate in the crime.
  p. 17  2SHB 1591
1     (e) The defendant's capacity to appreciate the wrongfulness of
2 his or her conduct, or to conform his or her conduct to the
3 requirements of the law, was significantly impaired. Voluntary use of
4 drugs or alcohol is excluded.
5     (f) The offense was principally accomplished by another person
6 and the defendant manifested extreme caution or sincere concern for
7 the safety or well-being of the victim.
8     (g) The operation of the multiple offense policy of RCW 9.94A.589
9 results in a presumptive sentence that is clearly excessive in light
10 of the purpose of this chapter, as expressed in RCW 9.94A.010.
11     (h) The defendant or the defendant's children suffered a
12 continuing pattern of physical or sexual abuse by the victim of the
13 offense and the offense is a response to that abuse.
14     (i) The defendant was making a good faith effort to obtain or
15 provide medical assistance for someone who is experiencing a drug-
16 related overdose.
17     (j) ((The current offense involved domestic violence, as defined
18 in RCW 10.99.020, and the defendant suffered a continuing pattern of
19 coercion, control, or abuse by the victim of the offense and the
20 offense is a response to that coercion, control, or abuse.
21     (k))) The defendant was convicted of vehicular homicide, by the
22 operation of a vehicle in a reckless manner and has committed no
23 other previous serious traffic offenses as defined in RCW 9.94A.030,
24 and the sentence is clearly excessive in light of the purpose of this
25 chapter, as expressed in RCW 9.94A.010.
26     (k) The defendant was a victim of domestic violence, sexual
27 assault, or human trafficking at the time of the offense and
28 subjected to substantial physical, sexual, or psychological abuse;
29 the domestic violence or abuse was the primary and proximate cause of
30 the defendant's criminal conduct; and the sentence would be unduly
31 harsh given the nature and circumstances of the crime and the
32 history, character, and condition of the defendant.
33     (2) Aggravating Circumstances - Considered and Imposed by the
34 Court
35     The trial court may impose an aggravated exceptional sentence
36 without a finding of fact by a jury under the following
37 circumstances:
38     (a) The defendant and the state both stipulate that justice is
39 best served by the imposition of an exceptional sentence outside the
40 standard range, and the court finds the exceptional sentence to be
  p. 18  2SHB 1591
1 consistent with and in furtherance of the interests of justice and
2 the purposes of the sentencing reform act.
3     (b) The defendant's prior unscored misdemeanor or prior unscored
4 foreign criminal history results in a presumptive sentence that is
5 clearly too lenient in light of the purpose of this chapter, as
6 expressed in RCW 9.94A.010.
7     (c) The defendant has committed multiple current offenses and the
8 defendant's high offender score results in some of the current
9 offenses going unpunished.
10     (d) The failure to consider the defendant's prior criminal
11 history which was omitted from the offender score calculation
12 pursuant to RCW 9.94A.525 results in a presumptive sentence that is
13 clearly too lenient.
14     (3) Aggravating Circumstances - Considered by a Jury - Imposed by
15 the Court
16     Except for circumstances listed in subsection (2) of this
17 section, the following circumstances are an exclusive list of factors
18 that can support a sentence above the standard range. Such facts
19 should be determined by procedures specified in RCW 9.94A.537.
20     (a) The defendant's conduct during the commission of the current
21 offense manifested deliberate cruelty to the victim.
22     (b) The defendant knew or should have known that the victim of
23 the current offense was particularly vulnerable or incapable of
24 resistance.
25     (c) The current offense was a violent offense, and the defendant
26 knew that the victim of the current offense was pregnant.
27     (d) The current offense was a major economic offense or series of
28 offenses, so identified by a consideration of any of the following
29 factors:
30     (i) The current offense involved multiple victims or multiple
31 incidents per victim;
32     (ii) The current offense involved attempted or actual monetary
33 loss substantially greater than typical for the offense;
34     (iii)   The   current   offense  involved   a    high  degree  of
35 sophistication or planning or occurred over a lengthy period of time;
36 or
37     (iv) The defendant used his or her position of trust, confidence,
38 or fiduciary responsibility to facilitate the commission of the
39 current offense.
  p. 19  2SHB 1591
1     (e) The current offense was a major violation of the Uniform
2 Controlled Substances Act, chapter 69.50 RCW (VUCSA), related to
3 trafficking in controlled substances, which was more onerous than the
4 typical offense of its statutory definition: The presence of ANY of
5 the following may identify a current offense as a major VUCSA:
6     (i) The current offense involved at least three separate
7 transactions in which controlled substances were sold, transferred,
8 or possessed with intent to do so;
9     (ii) The current offense involved an attempted or actual sale or
10 transfer of controlled substances in quantities substantially larger
11 than for personal use;
12     (iii) The current offense involved the manufacture of controlled
13 substances for use by other parties;
14     (iv) The circumstances of the current offense reveal the offender
15 to have occupied a high position in the drug distribution hierarchy;
16     (v) The current offense involved a high degree of sophistication
17 or planning, occurred over a lengthy period of time, or involved a
18 broad geographic area of disbursement; or
19     (vi) The offender used his or her position or status to
20 facilitate the commission of the current offense, including positions
21 of trust, confidence or fiduciary responsibility (e.g., pharmacist,
22 physician, or other medical professional).
23     (f) The current offense included a finding of sexual motivation
24 pursuant to RCW 9.94A.835.
25     (g) The offense was part of an ongoing pattern of sexual abuse of
26 the same victim under the age of eighteen years manifested by
27 multiple incidents over a prolonged period of time.
28     (h) The current offense involved domestic violence, as defined in
29 RCW 10.99.020, or stalking, as defined in RCW 9A.46.110, and one or
30 more of the following was present:
31     (i) The offense was part of an ongoing pattern of psychological,
32 physical, or sexual abuse of a victim or multiple victims manifested
33 by multiple incidents over a prolonged period of time;
34     (ii) The offense occurred within sight or sound of the victim's
35 or the offender's minor children under the age of eighteen years; or
36     (iii) The offender's conduct during the commission of the current
37 offense manifested deliberate cruelty or intimidation of the victim.
38     (i) The offense resulted in the pregnancy of a victim of rape.
39     (j) The defendant knew that the victim of the current offense was
40 a youth who was not residing with a legal custodian and the defendant
  p. 20  2SHB 1591
1 established or promoted the relationship for the primary purpose of
2 victimization.
3     (k) The offense was committed with the intent to obstruct or
4 impair human or animal health care or agricultural or forestry
5 research or commercial production.
6     (l) The current offense is trafficking in the first degree or
7 trafficking in the second degree and any victim was a minor at the
8 time of the offense.
9     (m) The offense involved a high degree of sophistication or
10 planning.
11     (n) The defendant used his or her position of trust, confidence,
12 or fiduciary responsibility to facilitate the commission of the
13 current offense.
14     (o) The defendant committed a current sex offense, has a history
15 of sex offenses, and is not amenable to treatment.
16     (p) The offense involved an invasion of the victim's privacy.
17     (q) The defendant demonstrated or displayed an egregious lack of
18 remorse.
19     (r) The offense involved a destructive and foreseeable impact on
20 persons other than the victim.
21     (s) The defendant committed the offense to obtain or maintain his
22 or her membership or to advance his or her position in the hierarchy
23 of an organization, association, or identifiable group.
24     (t) The defendant committed the current offense shortly after
25 being released from incarceration.
26     (u) The current offense is a burglary and the victim of the
27 burglary was present in the building or residence when the crime was
28 committed.
29     (v) The offense was committed against a law enforcement officer
30 who was performing his or her official duties at the time of the
31 offense, the offender knew that the victim was a law enforcement
32 officer, and the victim's status as a law enforcement officer is not
33 an element of the offense.
34     (w) The defendant committed the offense against a victim who was
35 acting as a good samaritan.
36     (x) The defendant committed the offense against a public official
37 or officer of the court in retaliation of the public official's
38 performance of his or her duty to the criminal justice system.
  p. 21  2SHB 1591
1     (y) The victim's injuries substantially exceed the level of
2 bodily harm necessary to satisfy the elements of the offense. This
3 aggravator is not an exception to RCW 9.94A.530(2).
4     (z)(i)(A) The current offense is theft in the first degree, theft
5 in the second degree, possession of stolen property in the first
6 degree, or possession of stolen property in the second degree; (B)
7 the stolen property involved is metal property; and (C) the property
8 damage to the victim caused in the course of the theft of metal
9 property is more than three times the value of the stolen metal
10 property, or the theft of the metal property creates a public hazard.
11     (ii) For purposes of this subsection, "metal property" means
12 commercial metal property or nonferrous metal property, as defined in
13 RCW 19.290.010.
14     (aa) The defendant committed the offense with the intent to
15 directly or indirectly cause any benefit, aggrandizement, gain,
16 profit, or other advantage to or for a criminal street gang as
17 defined in RCW 9.94A.030, its reputation, influence, or membership.
18     (bb) The current offense involved paying to view, over the
19 internet in violation of RCW 9.68A.075, depictions of a minor engaged
20 in an act of sexually explicit conduct as defined in RCW 9.68A.011(7)
21 (a) through (g).
22     (cc) The offense was intentionally committed because the
23 defendant perceived the victim to be homeless, as defined in RCW
24 9.94A.030.
25     (dd) The current offense involved a felony crime against persons,
26 except   for   assault  in   the   third   degree  pursuant  to   RCW
27 9A.36.031(1)(k), that occurs in a courtroom, jury room, judge's
28 chamber, or any waiting area or corridor immediately adjacent to a
29 courtroom, jury room, or judge's chamber. This subsection shall apply
30 only: (i) During the times when a courtroom, jury room, or judge's
31 chamber is being used for judicial purposes during court proceedings;
32 and (ii) if signage was posted in compliance with RCW 2.28.200 at the
33 time of the offense.
34     (ee) During the commission of the current offense, the defendant
35 was driving in the opposite direction of the normal flow of traffic
36 on a multiple lane highway, as defined by RCW 46.04.350, with a
37 posted speed limit of forty-five miles per hour or greater.
38     (ff) The current offense involved the assault of a utility
39 employee of any publicly or privately owned utility company or
40 agency, who is at the time of the act engaged in official duties,
  p. 22  2SHB 1591
1 including: (i) The maintenance or repair of utility poles, lines,
2 conduits, pipes, or other infrastructure; or (ii) connecting,
3 disconnecting, or recording utility meters.
4     Sec. 8.   RCW 9.94A.540 and 2014 c 130 s 2 are each amended to
5 read as follows:
6     (1) Except to the extent provided in subsections (3) and (4) of
7 this section, the following minimum terms of total confinement are
8 mandatory and shall not be varied or modified under RCW 9.94A.535:
9     (a) An offender convicted of the crime of murder in the first
10 degree shall be sentenced to a term of total confinement not less
11 than twenty years.
12     (b) An offender convicted of the crime of assault in the first
13 degree or assault of a child in the first degree where the offender
14 used force or means likely to result in death or intended to kill the
15 victim shall be sentenced to a term of total confinement not less
16 than five years.
17     (c) An offender convicted of the crime of rape in the first
18 degree shall be sentenced to a term of total confinement not less
19 than five years.
20     (d) An offender convicted of the crime of sexually violent
21 predator escape shall be sentenced to a minimum term of total
22 confinement not less than sixty months.
23     (e) An offender convicted of the crime of aggravated first degree
24 murder for a murder that was committed prior to the offender's
25 eighteenth birthday shall be sentenced to a term of total confinement
26 not less than twenty-five years.
27     (2) During such minimum terms of total confinement, no offender
28 subject to the provisions of this section is eligible for community
29 custody, earned release time, furlough, home detention, partial
30 confinement, work crew, work release, or any other form of early
31 release authorized under RCW 9.94A.728, or any other form of
32 authorized leave of absence from the correctional facility while not
33 in the direct custody of a corrections officer. The provisions of
34 this subsection shall not apply: (a) In the case of an offender in
35 need of emergency medical treatment; (b) for the purpose of
36 commitment to an inpatient treatment facility in the case of an
37 offender convicted of the crime of rape in the first degree; or (c)
38 for an extraordinary medical placement when authorized under RCW
39 9.94A.728(((3))) (1)(c).
  p. 23  2SHB 1591
1      (3)(a) Subsection (1)(a) through (d) of this section shall not be
2  applied in sentencing of juveniles tried as adults pursuant to RCW
3  13.04.030(1)(e)(i).
4      (b) This subsection (3) applies only to crimes committed on or
5  after July 24, 2005.
6      (4) The mandatory minimum terms under this section do not apply
7  if a court finds that a defendant qualifies for reduced or
8  alternative sentencing under section 2 or 3 of this act.
9     Sec. 9. RCW 9.94A.570 and 2000 c 28 s 6 are each amended to read
10 as follows:
11     ((Notwithstanding)) (1) Except as provided in subsection (2) of
12 this section, and notwithstanding the statutory maximum sentence or
13 any other provision of this chapter, a persistent offender shall be
14 sentenced to a term of total confinement for life without the
15 possibility of release or, when authorized by RCW 10.95.030 for the
16 crime of aggravated murder in the first degree, sentenced to death.
17 In addition, no offender subject to this ((section)) subsection may
18 be eligible for community custody, earned release time, furlough,
19 home detention, partial confinement, work crew, work release, or any
20 other form of release as defined under RCW 9.94A.728 (((1), (2), (3),
21 (4), (6), (8), or (9))) (1) (b), (c), (e), (h), and (i), or any other
22 form of authorized leave from a correctional facility while not in
23 the direct custody of a corrections officer or officers, except:
24 (((1))) (a) In the case of an offender in need of emergency medical
25 treatment; or (((2))) (b) for the purpose of commitment to an
26 inpatient treatment facility in the case of an offender convicted of
27 the crime of rape in the first degree.
28     (2) This section does not apply if a court finds a defendant
29 qualifies for reduced or alternative sentencing under section 2 or 3
30 of this act.
31     NEW SECTION. Sec. 10. A new section is added to chapter 9.94A
32 RCW to read as follows:
33     (1) Any person who has been discharged under RCW 9.94A.637 may
34 apply to the sentencing court for a vacation of his or her record of
35 conviction for an offense occurring prior to the effective date of
36 this section on the basis that: At the time of the offense, the
37 person was a victim of domestic violence, sexual assault, or human
38 trafficking and subjected to substantial physical, sexual, or
  p. 24  2SHB 1591
1 psychological abuse; the domestic violence or abuse suffered by the
2 person was the primary and proximate cause of the defendant's
3 criminal conduct; and the collateral consequences of the record of
4 conviction create an unduly harsh burden on the person given the
5 nature and circumstances of the offense and the personal history,
6 character, and condition of the individual.
7     (2) In considering an application under this section, the court
8 may consider the factors specified in section 2(2)(b) of this act and
9 any evidence offered by the applicant, the prosecutor, and third
10 parties including, but not limited to, those specified in section
11 2(2)(c) of this act; however, the court, in its discretion, may rely
12 solely upon the sworn testimony of the applicant at a hearing before
13 the court when granting an application under this section.
14     (3) If the court finds that an applicant qualifies under this
15 section, the court may, in the interest of justice, waive the
16 restrictions under RCW 9.94A.640(2) and vacate the conviction
17 according to the process provided in RCW 9.94A.640(1).
18     (4) For the purposes of this section, "intimate partner" and
19 "family or household member" have the same meanings as provided in
20 RCW 10.99.020.
21     Sec. 11.   RCW 9.94A.640 and 2025 c 169 s 2 are each amended to
22 read as follows:
23     (1) Except as provided in subsection (5) of this section, every
24 offender who has been discharged under RCW 9.94A.637 may apply to the
25 sentencing court for a vacation of the offender's record of
26 conviction. If the court finds the offender meets the tests
27 prescribed in subsection (2) of this section or section 10 of this
28 act, the court may clear the record of conviction by: (a) Permitting
29 the offender to withdraw the offender's plea of guilty and to enter a
30 plea of not guilty; or (b) if the offender has been convicted after a
31 plea of not guilty, by the court setting aside the verdict of guilty;
32 and (c) by the court dismissing the information or indictment against
33 the offender.
34     (2) ((An)) Except as provided under section 10 of this act, an
35 offender may not have the record of conviction cleared if:
36     (a) There are any criminal charges against the offender pending
37 in any court of this state or another state, or in any federal court;
38     (b) The offense was a violent offense as defined in RCW 9.94A.030
39 or crime against persons as defined in RCW 43.43.830, except the
  p. 25  2SHB 1591
1 following offenses may be vacated if the conviction did not include a
2 firearm, deadly weapon, or sexual motivation enhancement: (i) Assault
3 in the second degree under RCW 9A.36.021; (ii) assault in the third
4 degree under RCW 9A.36.031 when not committed against a law
5 enforcement officer or peace officer; and (iii) robbery in the second
6 degree under RCW 9A.56.210;
7     (c) The offense is a class B felony and the offender has been
8 convicted of a new crime in this state, another state, or federal
9 court in the ten years prior to the application for vacation;
10     (d) The offense is a class C felony and the offender has been
11 convicted of a new crime in this state, another state, or federal
12 court in the five years prior to the application for vacation;
13     (e) The offense is a class B felony and less than ten years have
14 passed since the later of: (i) The applicant's release from community
15 custody; (ii) the applicant's release from full and partial
16 confinement; or (iii) the applicant's sentencing date;
17     (f) The offense was a class C felony, other than a class C felony
18 described in RCW 46.61.502(6) or 46.61.504(6), and less than five
19 years have passed since the later of: (i) The applicant's release
20 from community custody; (ii) the applicant's release from full and
21 partial confinement; or (iii) the applicant's sentencing date; or
22     (g) The offense was a felony described in RCW 46.61.502 or
23 46.61.504.
24     (3)   If  the   applicant  is   a  victim   of  sex   trafficking,
25 prostitution, or commercial sexual abuse of a minor; sexual assault;
26 or domestic violence as defined in RCW 9.94A.030, the victim or the
27 prosecutor of the county in which the victim was sentenced may apply
28 to the sentencing court or the sentencing court's successor to vacate
29 the victim's record of conviction for a class B or class C felony
30 offense using the process in RCW 9.94A.648. When preparing or filing
31 the petition, the prosecutor is not deemed to be providing legal
32 advice or legal assistance on behalf of the victim, but is fulfilling
33 an administrative function on behalf of the state in order to further
34 their responsibility to seek to reform and improve the administration
35 of criminal justice. A record of conviction vacated using the process
36 in RCW 9.94A.648 is subject to subsection (4) of this section.
37     (4)(a) Except as otherwise provided, once the court vacates a
38 record of conviction under subsection (1) of this section, the fact
39 that the offender has been convicted of the offense shall not be
40 included in the offender's criminal history for purposes of
  p. 26  2SHB 1591
1 determining a sentence in any subsequent conviction, and the offender
2 shall be released from all penalties and disabilities resulting from
3 the offense. For all purposes, including responding to questions on
4 employment applications, an offender whose conviction has been
5 vacated may state that the offender has never been convicted of that
6 crime. A conviction that has been vacated under this section may not
7 be disseminated or disclosed by the state patrol or local law
8 enforcement agency to any person, except other criminal justice
9 enforcement agencies. Nothing in this section affects or prevents the
10 use of an offender's prior conviction in a later criminal
11 prosecution, and nothing in this section affects the requirements for
12 restoring a right to possess a firearm under RCW 9.41.040.
13     (b) A conviction vacated on or after July 28, 2019, qualifies as
14 a prior conviction for the purpose of charging a present recidivist
15 offense occurring on or after July 28, 2019, and may be used to
16 establish an ongoing pattern of abuse for purposes of RCW 9.94A.535.
17     (5) Every person convicted of a prison riot offense under RCW
18 9.94.010 who was incarcerated in a facility operated by the
19 department of children, youth, and families or a county juvenile
20 detention facility at the time of the offense may apply to the
21 sentencing court for a vacation of the applicant's record of
22 adjudication or conviction for the offense. If an applicant qualifies
23 under this subsection, the court shall vacate the record of
24 conviction or adjudication.
25     NEW SECTION.   Sec. 12.   A new section is added to chapter 9.96
26 RCW to read as follows:
27     (1) Any person who has completed the conditions of his or her
28 sentence may apply to the sentencing court for a vacation of his or
29 her record of conviction for an offense occurring prior to the
30 effective date of this section on the basis that: At the time of the
31 offense, the person was a victim of domestic violence, sexual
32 assault, or human trafficking and subjected to substantial physical,
33 sexual, or psychological abuse; the domestic violence or abuse
34 suffered by the person was the primary and proximate cause of the
35 defendant's criminal conduct; and the collateral consequences of the
36 record of conviction create an unduly harsh burden on the person
37 given the nature and circumstances of the offense and the personal
38 history, character, and condition of the individual.
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1     (2) In considering an application under this section, the court
2 may consider the factors specified in section 2(2)(b) of this act.
3 The court may consider any evidence offered by the defendant, the
4 prosecutor, and third parties including, but not limited to, the
5 types specified in section 2(2)(c) of this act; however, the court,
6 in its discretion, may rely solely upon the sworn testimony of the
7 applicant at a hearing before the court when granting an application
8 under this section.
9     (3) If the court finds that an applicant qualifies under this
10 section, the court may, in the interest of justice, waive the
11 restrictions under RCW 9.96.060(2) and vacate the conviction
12 according to the process provided in RCW 9.96.060(1).
13     (4) For the purposes of this section, "intimate partner" and
14 "family or household member" have the same meanings as provided in
15 RCW 10.99.020.
16     Sec. 13.   RCW 9.96.060 and 2024 c 296 s 1 are each amended to
17 read as follows:
18     (1) When vacating a conviction under this section or section 12
19 of this act, the court effectuates the vacation by: (a)(i) Permitting
20 the applicant to withdraw the applicant's plea of guilty and to enter
21 a plea of not guilty; or (ii) if the applicant has been convicted
22 after a plea of not guilty, the court setting aside the verdict of
23 guilty; and (b) the court dismissing the information, indictment,
24 complaint, or citation against the applicant and vacating the
25 judgment and sentence.
26     (2) Every person convicted of a misdemeanor or gross misdemeanor
27 offense may apply to the sentencing court for a vacation of the
28 applicant's record of conviction for the offense. If the court finds
29 the applicant meets the requirements of this subsection, the court
30 may in its discretion vacate the record of conviction. Except as
31 provided in subsections (3), (4), (5), and (6) of this section and
32 section 12 of this act, an applicant may not have the record of
33 conviction for a misdemeanor or gross misdemeanor offense vacated if
34 any one of the following is present:
35     (a) The applicant has not completed all of the terms of the
36 sentence for the offense, including satisfaction of financial
37 obligations;
  p. 28  2SHB 1591
1     (b) There are any criminal charges against the applicant pending
2 in any court of this state or another state, or in any federal or
3 tribal court, at the time of application;
4     (c) The offense was a violent offense as defined in RCW 9.94A.030
5 or an attempt to commit a violent offense;
6     (d) The offense was a violation of RCW 46.61.502 (driving while
7 under the influence), 46.61.504 (actual physical control while under
8 the   influence),  9.91.020   (operating   a  railroad,  etc.   while
9 intoxicated), or the offense is considered a "prior offense" under
10 RCW 46.61.5055 and the applicant has had a subsequent alcohol or drug
11 violation within 10 years of the date of arrest for the prior offense
12 or less than 10 years has elapsed since the date of the arrest for
13 the prior offense;
14     (e) The offense was any misdemeanor or gross misdemeanor
15 violation, including attempt, of chapter 9.68 RCW (obscenity and
16 pornography), chapter 9.68A RCW (sexual exploitation of children), or
17 chapter 9A.44 RCW (sex offenses), except for failure to register as a
18 sex offender under RCW 9A.44.132;
19     (f) The applicant was convicted of a misdemeanor or gross
20 misdemeanor offense as defined in RCW 10.99.020, or the court
21 determines after a review of the court file that the offense was
22 committed by one family or household member against another or by one
23 intimate partner against another, or the court, after considering the
24 damage to person or property that resulted in the conviction, any
25 prior convictions for crimes defined in RCW 10.99.020, or for
26 comparable offenses in another state or in federal court, and the
27 totality of the records under review by the court regarding the
28 conviction being considered for vacation, determines that the offense
29 involved domestic violence, and any one of the following factors
30 exist:
31     (i) The applicant has not provided written notification of the
32 vacation   petition  to   the  prosecuting  attorney's   office  that
33 prosecuted the offense for which vacation is sought, or has not
34 provided that notification to the court;
35     (ii) The applicant has two or more domestic violence convictions
36 stemming from different incidents. For purposes of this subsection,
37 however, if the current application is for more than one conviction
38 that arose out of a single incident, none of those convictions counts
39 as a previous conviction;
  p. 29  2SHB 1591
1     (iii) The applicant has signed an affidavit under penalty of
2 perjury affirming that the applicant has not previously had a
3 conviction for a domestic violence offense, and a criminal history
4 check reveals that the applicant has had such a conviction; or
5     (iv) Less than five years have elapsed since the person completed
6 the terms of the original conditions of the sentence, including
7 successful completion of any treatment ordered as a condition of
8 sentencing, but excluding the payment of financial obligations;
9     (g) For any offense other than those described in (f) of this
10 subsection, less than three years have passed since the later of the
11 applicant's release from supervision or probation; the applicant's
12 release from total and partial confinement, as defined in RCW
13 9.94A.030; or the applicant's sentencing date;
14     (h) The offender has been convicted of a new crime in this state,
15 another state, or federal or tribal court in the three years prior to
16 the vacation application; or
17     (i) The applicant is currently restrained by a domestic violence
18 protection order, a no-contact order, an antiharassment order, or a
19 civil restraining order which restrains one party from contacting the
20 other party or was previously restrained by such an order and was
21 found to have committed one or more violations of the order in the
22 five years prior to the vacation application.
23     (3)   If  the   applicant  is   a  victim   of  sex  trafficking,
24 prostitution, or commercial sexual abuse of a minor; sexual assault;
25 or domestic violence as defined in RCW 9.94A.030, or the prosecutor
26 applies on behalf of the state, the sentencing court may vacate the
27 record of conviction if the application satisfies the requirements of
28 RCW 9.96.080. When preparing or filing the petition, the prosecutor
29 is not deemed to be providing legal advice or legal assistance on
30 behalf of the victim, but is fulfilling an administrative function on
31 behalf of the state in order to further their responsibility to seek
32 to reform and improve the administration of criminal justice. A
33 record of conviction vacated using the process in RCW 9.96.080 is
34 subject to subsections (7) and (8) of this section.
35     (4) Every person convicted prior to January 1, 1975, of violating
36 any statute or rule regarding the regulation of fishing activities,
37 including, but not limited to, (([former])) former RCW 75.08.260,
38 75.12.060, 75.12.070, 75.12.160, 77.16.020, 77.16.030, 77.16.040,
39 77.16.060, and 77.16.240 who claimed to be exercising a treaty Indian
40 fishing right, may apply to the sentencing court for vacation of the
  p. 30  2SHB 1591
1 applicant's record of the misdemeanor, gross misdemeanor, or felony
2 conviction for the offense. If the person is deceased, a member of
3 the person's family or an official representative of the tribe of
4 which the person was a member may apply to the court on behalf of the
5 deceased person. Notwithstanding the requirements of RCW 9.94A.640,
6 the court shall vacate the record of conviction if:
7     (a) The applicant is a member of a tribe that may exercise treaty
8 Indian fishing rights at the location where the offense occurred; and
9     (b) The state has been enjoined from taking enforcement action of
10 the statute or rule to the extent that it interferes with a treaty
11 Indian fishing right as determined under United States v. Washington,
12 384 F. Supp. 312 (W.D. Wash. 1974), or Sohappy v. Smith, 302 F. Supp.
13 899 (D. Oregon 1969), and any posttrial orders of those courts, or
14 any other state supreme court or federal court decision.
15     (5) Every person convicted of a misdemeanor cannabis offense, who
16 was 21 years of age or older at the time of the offense, may apply to
17 the sentencing court for a vacation of the applicant's record of
18 conviction for the offense. A misdemeanor cannabis offense includes,
19 but is not limited to: Any offense under RCW 69.50.4014, from July 1,
20 2004,   onward,   and  its   predecessor   statutes,  including   RCW
21 69.50.401(e), from March 21, 1979, to July 1, 2004, and RCW
22 69.50.401(d), from May 21, 1971, to March 21, 1979, and any offense
23 under an equivalent municipal ordinance. If an applicant qualifies
24 under this subsection, the court shall vacate the record of
25 conviction.
26     (6) If a person convicted of violating RCW 69.50.4011(1) (b) or
27 (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c) completes a
28 substance use disorder program and files proof of completion with the
29 court, or obtains an assessment from a recovery navigator program
30 established under RCW 71.24.115, an arrest and jail alternative
31 program established under RCW 36.28A.450, or a law enforcement
32 assisted diversion program established under RCW 71.24.589, and has
33 six months of substantial compliance with recommended treatment or
34 services and progress toward recovery goals as reflected by a written
35 status update, upon verification the court must vacate the conviction
36 or convictions.
37     (7) A person who is a family member of a homicide victim may
38 apply to the sentencing court on the behalf of the victim for
39 vacation of the victim's record of conviction for prostitution under
  p. 31  2SHB 1591
1 RCW 9A.88.030. If an applicant qualifies under this subsection, the
2 court shall vacate the victim's record of conviction.
3     (8)(a) Except as provided in (c) of this subsection, once the
4 court vacates a record of conviction under this section, the person
5 shall be released from all penalties and disabilities resulting from
6 the offense and the fact that the person has been convicted of the
7 offense shall not be included in the person's criminal history for
8 purposes of determining a sentence in any subsequent conviction. For
9 all purposes, including responding to questions on employment or
10 housing applications, a person whose conviction has been vacated
11 under this section may state that he or she has never been convicted
12 of that crime. However, nothing in this section affects the
13 requirements for restoring a right to possess a firearm under RCW
14 9.41.041. Except as provided in (b) of this subsection, nothing in
15 this section affects or prevents the use of an offender's prior
16 conviction in a later criminal prosecution.
17     (b) When a court vacates a record of domestic violence as defined
18 in RCW 10.99.020 under this section, the state may not use the
19 vacated conviction in a later criminal prosecution unless the
20 conviction was for: (i) Violating the provisions of a restraining
21 order, no-contact order, or protection order restraining or enjoining
22 the person or restraining the person from going on to the grounds of
23 or entering a residence, workplace, school, or day care, or
24 prohibiting the person from knowingly coming within, or knowingly
25 remaining within, a specified distance of a location, a protected
26 party's person, or a protected party's vehicle (RCW 10.99.040,
27 10.99.050, 26.09.300, 26.26B.050, 26.44.063, 26.44.150, or 26.52.070,
28 or any of the former RCW 26.50.060, 26.50.070, 26.50.130, and
29 74.34.145); (ii) stalking (RCW 9A.46.110); or (iii) a domestic
30 violence protection order or vulnerable adult protection order
31 entered under chapter 7.105 RCW. A vacated conviction under this
32 section is not considered a conviction of such an offense for the
33 purposes of 27 C.F.R. 478.11.
34     (c) A conviction vacated on or after July 28, 2019, qualifies as
35 a prior conviction for the purpose of charging a present recidivist
36 offense as defined in RCW 9.94A.030 occurring on or after July 28,
37 2019.
38     (9) The clerk of the court in which the vacation order is entered
39 shall immediately transmit the order vacating the conviction to the
40 Washington state patrol identification section and to the local
  p. 32  2SHB 1591
1 police agency, if any, which holds criminal history information for
2 the person who is the subject of the conviction. The Washington state
3 patrol and any such local police agency shall immediately update
4 their records to reflect the vacation of the conviction, and shall
5 transmit the order vacating the conviction to the federal bureau of
6 investigation. A conviction that has been vacated under this section
7 may not be disseminated or disclosed by the state patrol or local law
8 enforcement agency to any person, except other criminal justice
9 enforcement agencies.
10     (10) For the purposes of this section, "cannabis" has the meaning
11 provided in RCW 69.50.101.
12     NEW SECTION. Sec. 14.   A new section is added to chapter 72.09
13 RCW to read as follows:
14     (1) Subject to the availability of amounts appropriated for this
15 specific purpose, and within three years of the effective date of
16 this section, the department, in partnership with the Washington
17 state center for court research of the administrative office of the
18 courts, and in consultation with the gender and justice commission of
19 the Washington state supreme court, shall submit a report to the
20 relevant committees of the legislature detailing the implementation
21 of this act, including the following:
22     (a) The number of persons applying for relief under a provision
23 of this act;
24     (b) Demographic information about applicants;
25     (c) The types of offenses committed by applicants; and
26     (d) Outcomes for applicants.
27     (2) This section expires January 1, 2030.
28     NEW SECTION. Sec. 15. If specific funding for the purposes of
29 this act, referencing this act by bill or chapter number, is not
30 provided by June 30, 2026, in the omnibus appropriations act, this
31 act is null and void.
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