(1) The
provisions of this section apply to the standard sentence ranges
determined by RCW 9.94A.510 or 9.94A.517.
(2) For persons convicted of the anticipatory offenses of
criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the standard sentence range is determined by locating the
sentencing grid sentence range defined by the appropriate
offender score and the seriousness level of the completed crime,
and multiplying the range by seventy-five percent.
(3) The following additional times shall be added to the
standard sentence range for felony crimes committed after July
23, 1995, if the offender or an accomplice was armed with a
firearm as defined in RCW 9.41.010 and the offender is being
sentenced for one of the crimes listed in this subsection as
eligible for any firearm enhancements based on the classification
of the completed felony crime. If the offender is being
sentenced for more than one offense, the firearm enhancement or
enhancements must be added to the total period of confinement for
all offenses, regardless of which underlying offense is subject
to a firearm enhancement. If the offender or an accomplice was
armed with a firearm as defined in RCW 9.41.010 and the offender
is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection
as eligible for any firearm enhancements, the following
additional times shall be added to the standard sentence range
determined under subsection (2) of this section based on the
felony crime of conviction as classified under RCW 9A.28.020:
(a) Five years for any felony defined under any law as a
class A felony or with a statutory maximum sentence of at least
twenty years, or both, and not covered under (f) of this
subsection;
(b) Three years for any felony defined under any law as a
class B felony or with a statutory maximum sentence of ten years,
or both, and not covered under (f) of this subsection;
(c) Eighteen months for any felony defined under any law as
a class C felony or with a statutory maximum sentence of five
years, or both, and not covered under (f) of this subsection;
(d) If the offender is being sentenced for any firearm
enhancements under (a), (b), and/or (c) of this subsection and
the offender has previously been sentenced for any deadly weapon
enhancements after July 23, 1995, under (a), (b), and/or (c) of
this subsection or subsection (4)(a), (b), and/or (c) of this
section, or both, all firearm enhancements under this subsection
shall be twice the amount of the enhancement listed;
(e) Notwithstanding any other provision of law, all firearm
enhancements under this section are mandatory, shall be served in
total confinement, and shall run consecutively to all other
sentencing provisions, including other firearm or deadly weapon
enhancements, for all offenses sentenced under this chapter.
However, whether or not a mandatory minimum term has expired, an
offender serving a sentence under this subsection may be granted
an extraordinary medical placement when authorized under RCW 9.94A.728(4);
(f) The firearm enhancements in this section shall apply to
all felony crimes except the following: Possession of a machine
gun, possessing a stolen firearm, drive-by shooting, theft of a
firearm, unlawful possession of a firearm in the first and second
degree, and use of a machine gun in a felony;
(g) If the standard sentence range under this section
exceeds the statutory maximum sentence for the offense, the
statutory maximum sentence shall be the presumptive sentence
unless the offender is a persistent offender. If the addition of
a firearm enhancement increases the sentence so that it would
exceed the statutory maximum for the offense, the portion of the
sentence representing the enhancement may not be reduced.
(4) The following additional times shall be added to the
standard sentence range for felony crimes committed after July
23, 1995, if the offender or an accomplice was armed with a
deadly weapon other than a firearm as defined in RCW 9.41.010 and
the offender is being sentenced for one of the crimes listed in
this subsection as eligible for any deadly weapon enhancements
based on the classification of the completed felony crime. If
the offender is being sentenced for more than one offense, the
deadly weapon enhancement or enhancements must be added to the
total period of confinement for all offenses, regardless of which
underlying offense is subject to a deadly weapon enhancement. If
the offender or an accomplice was armed with a deadly weapon
other than a firearm as defined in RCW 9.41.010 and the offender
is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection
as eligible for any deadly weapon enhancements, the following
additional times shall be added to the standard sentence range
determined under subsection (2) of this section based on the
felony crime of conviction as classified under RCW 9A.28.020:
(a) Two years for any felony defined under any law as a
class A felony or with a statutory maximum sentence of at least
twenty years, or both, and not covered under (f) of this
subsection;
(b) One year for any felony defined under any law as a class
B felony or with a statutory maximum sentence of ten years, or
both, and not covered under (f) of this subsection;
(c) Six months for any felony defined under any law as a
class C felony or with a statutory maximum sentence of five
years, or both, and not covered under (f) of this subsection;
(d) If the offender is being sentenced under (a), (b),
and/or (c) of this subsection for any deadly weapon enhancements
and the offender has previously been sentenced for any deadly
weapon enhancements after July 23, 1995, under (a), (b), and/or
(c) of this subsection or subsection (3)(a), (b), and/or (c) of
this section, or both, all deadly weapon enhancements under this
subsection shall be twice the amount of the enhancement listed;
(e) Notwithstanding any other provision of law, all deadly
weapon enhancements under this section are mandatory, shall be
served in total confinement, and shall run consecutively to all
other sentencing provisions, including other firearm or deadly
weapon enhancements, for all offenses sentenced under this
chapter. However, whether or not a mandatory minimum term has
expired, an offender serving a sentence under this subsection may
be granted an extraordinary medical placement when authorized
under RCW 9.94A.728(4);
(f) The deadly weapon enhancements in this section shall
apply to all felony crimes except the following: Possession of a
machine gun, possessing a stolen firearm, drive-by shooting,
theft of a firearm, unlawful possession of a firearm in the first
and second degree, and use of a machine gun in a felony;
(g) If the standard sentence range under this section
exceeds the statutory maximum sentence for the offense, the
statutory maximum sentence shall be the presumptive sentence
unless the offender is a persistent offender. If the addition of
a deadly weapon enhancement increases the sentence so that it
would exceed the statutory maximum for the offense, the portion
of the sentence representing the enhancement may not be reduced.
(5) The following additional times shall be added to the
standard sentence range if the offender or an accomplice
committed the offense while in a county jail or state
correctional facility and the offender is being sentenced for one
of the crimes listed in this subsection. If the offender or an
accomplice committed one of the crimes listed in this subsection
while in a county jail or state correctional facility, and the
offender is being sentenced for an anticipatory offense under
chapter 9A.28 RCW to commit one of the crimes listed in this
subsection, the following additional times shall be added to the
standard sentence range determined under subsection (2) of this
section:
(a) Eighteen months for offenses committed under RCW 69.50.401(2) (a) or (b) or 69.50.410;
(b) Fifteen months for offenses committed under RCW 69.50.401(2) (c), (d), or (e);
(c) Twelve months for offenses committed under RCW 69.50.4013.
For the purposes of this subsection, all of the real
property of a state correctional facility or county jail shall be
deemed to be part of that facility or county jail.
(6) An additional twenty-four months shall be added to the
standard sentence range for any ranked offense involving a
violation of chapter 69.50 RCW if the offense was also a
violation of RCW 69.50.435 or 9.94A.605. All enhancements under
this subsection shall run consecutively to all other sentencing
provisions, for all offenses sentenced under this chapter.
(7) An additional two years shall be added to the standard
sentence range for vehicular homicide committed while under the
influence of intoxicating liquor or any drug as defined by RCW 46.61.502 for each prior offense as defined in RCW 46.61.5055.
(8)(a) The following additional times shall be added to the
standard sentence range for felony crimes committed on or after
July 1, 2006, if the offense was committed with sexual
motivation, as that term is defined in RCW 9.94A.030. If the
offender is being sentenced for more than one offense, the sexual
motivation enhancement must be added to the total period of total
confinement for all offenses, regardless of which underlying
offense is subject to a sexual motivation enhancement. If the
offender committed the offense with sexual motivation and the
offender is being sentenced for an anticipatory offense under
chapter 9A.28 RCW, the following additional times shall be added
to the standard sentence range determined under subsection (2) of
this section based on the felony crime of conviction as
classified under RCW 9A.28.020:
(i) Two years for any felony defined under the law as a
class A felony or with a statutory maximum sentence of at least
twenty years, or both;
(ii) Eighteen months for any felony defined under any law as
a class B felony or with a statutory maximum sentence of ten
years, or both;
(iii) One year for any felony defined under any law as a
class C felony or with a statutory maximum sentence of five
years, or both;
(iv) If the offender is being sentenced for any sexual
motivation enhancements under (i), (ii), and/or (iii) of this
subsection and the offender has previously been sentenced for any
sexual motivation enhancements on or after July 1, 2006, under
(i), (ii), and/or (iii) of this subsection, all sexual motivation
enhancements under this subsection shall be twice the amount of
the enhancement listed;
(b) Notwithstanding any other provision of law, all sexual
motivation enhancements under this subsection are mandatory,
shall be served in total confinement, and shall run consecutively
to all other sentencing provisions, including other sexual
motivation enhancements, for all offenses sentenced under this
chapter. However, whether or not a mandatory minimum term has
expired, an offender serving a sentence under this subsection may
be granted an extraordinary medical placement when authorized
under RCW 9.94A.728(4);
(c) The sexual motivation enhancements in this subsection
apply to all felony crimes;
(d) If the standard sentence range under this subsection
exceeds the statutory maximum sentence for the offense, the
statutory maximum sentence shall be the presumptive sentence
unless the offender is a persistent offender. If the addition of
a sexual motivation enhancement increases the sentence so that it
would exceed the statutory maximum for the offense, the portion
of the sentence representing the enhancement may not be reduced;
(e) The portion of the total confinement sentence which the
offender must serve under this subsection shall be calculated
before any earned early release time is credited to the offender;
(f) Nothing in this subsection prevents a sentencing court
from imposing a sentence outside the standard sentence range
pursuant to RCW 9.94A.535.
(9) An additional one-year enhancement shall be added to the
standard sentence range for the felony crimes of RCW 9A.44.073,
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089
committed on or after July 22, 2007, if the offender engaged,
agreed, or offered to engage the victim in the sexual conduct in
return for a fee. If the offender is being sentenced for more
than one offense, the one-year enhancement must be added to the
total period of total confinement for all offenses, regardless of
which underlying offense is subject to the enhancement. If the
offender is being sentenced for an anticipatory offense for the
felony crimes of RCW 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083,
9A.44.086, or 9A.44.089, and the offender attempted, solicited
another, or conspired to engage, agree, or offer to engage the
victim in [the] sexual conduct in return for a fee, an additional
one-year enhancement shall be added to the standard sentence
range determined under subsection (2) of this section. For
purposes of this subsection, "sexual conduct" means sexual
intercourse or sexual contact, both as defined in chapter 9A.44 RCW.
[2007 c 368 § 9. Prior: 2006 c 339 § 301; 2006 c 123 § 1; 2003 c 53 § 58; 2002 c 290 § 11.]
NOTES:
Intent -- Part headings not law -- 2006 c 339: See notes following RCW 70.96A.325.
Effective date -- 2006 c 123: "This act takes effect July 1, 2006." [2006 c 123 § 4.]
Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
Effective date -- 2002 c 290 §§ 7-11 and 14-23: See note following RCW 9.94A.515.
Intent -- 2002 c 290: See note following RCW 9.94A.517.