House Bill H-0097.1 / House Bill 1000 proposes amendments to RCW 9.94A.535, the statute governing exceptional sentences outside standard sentencing ranges. The bill keeps the rule that courts may impose determinate sentences outside the standard range only for substantial and compelling reasons and must support such sentences with written findings and conclusions, and it reiterates that facts supporting aggravated sentences (other than prior convictions) are to be determined under RCW 9.94A.537 and that exceptional sentences are reviewable under RCW 9.94A.585. Substantively, the bill expands and clarifies the exclusive list of aggravating factors that can support an aggravated exceptional sentence above the standard range. Notable additions include a new aggravator making an offense a “major violation” of the Uniform Controlled Substances Act when the current offense involved knowing delivery or distribution of fentanyl, precursor chemicals for fentanyl, or a counterfeit substance containing fentanyl that resulted in substantial bodily harm, permanent impairment to cognitive functions, or death; a specific aggravator for certain thefts involving metal property with significant damage or public hazard; and multiple other aggravators such as paying to view over the internet depictions of a minor in sexually explicit conduct, offenses intentionally committed because the defendant perceived the victim to be homeless, felony person crimes occurring in active court areas under specified signage conditions, driving the wrong way on multi-lane highways with posted speed limits of 45 mph or greater, and assault of utility employees performing official duties. The bill also retains and lists illustrative mitigating circumstances for below-standard sentences, requires mitigating circumstances to be proven by a preponderance of the evidence, and identifies certain circumstances where a trial court may impose an aggravated exceptional sentence without a jury finding. The amendments reference and cross‑cite multiple other RCWs (including RCW 9.94A.537, 9.94A.585, 69.50, and definitions in several sections) for procedures, definitions, and review. The provided text is incomplete: the document ends mid‑sentence in subsection (3)(aa) and chunked language indicates additional provisions and context are missing, so the full scope of all added aggravators, any specific sentencing amounts or ranges, and any other changes elsewhere in the bill cannot be determined from these extracts alone.

If enacted, the bill expands the list of circumstances that judges can treat as aggravating factors and use to impose sentences above the normal range. That includes making fentanyl delivery that causes substantial bodily harm, permanent cognitive impairment, or death a major controlled-substance violation, and adds a range of other specific situations (for example, certain thefts causing large damage or public hazards, paying to view online sexual depictions of minors, targeting a person perceived as homeless, offenses committed in court spaces under specified conditions, driving the wrong way on high‑speed multi‑lane highways, and assaults on utility workers while they are on duty). In practice prosecutors will have clearer bases to seek higher sentences in more cases, defendants will face greater risk of elevated penalties when these facts are present, and judges must document their reasons in written findings when departing from the standard range. The practical consequences likely include more prosecutorial charging and sentencing arguments invoking these new aggravators, greater demand on courts to make and record factual findings and to handle appeals, and a potential increase in longer-term incarcerations that could raise workload and costs for defense, prosecution, courts, and corrections. Utility workers and other victim categories named may see stronger sentencing protections. Key details are missing because portions of the bill text are not included here, so the full scope, any limits, or how these changes interact with other sentencing rules cannot be confirmed from the provided excerpts.