House Bill 1407 (H-0359.3), introduced in the 69th Legislature (2025 Regular Session), adds new provisions and amends multiple existing statutes to expand court-ordered community restitution and to adjust classifications, procedures, and sentencing enhancements for graffiti, malicious mischief, and a range of other offenses. The bill creates a new section in chapter 9A.48 RCW requiring courts to order at least 40 hours of community restitution for convictions of malicious mischief in the third degree and for criminal street gang tagging and graffiti, allows courts to use community restitution programs (including those in RCW 72.09.260), reenacts and expands definitions in RCW 9A.04.110 (including a definition of “graffiti”), and amends RCW 9A.48.105 to define criminal street gang tagging and graffiti with revised penalty classifications (generally a gross misdemeanor, with a second or subsequent conviction a class C felony). The bill also creates a new special-allegation procedure in chapter 9.94A RCW permitting prosecutors to allege “organized graffiti” in prosecutions for malicious mischief in the first degree or for second/subsequent criminal street gang tagging and graffiti; the court must find engagement in organized graffiti beyond a reasonable doubt before imposing the sentencing treatment specified under RCW 9.94A.533(16). It amends RCW 9.94A.533 to restate and adjust multiple sentence enhancements and procedural rules (including firearm and other deadly-weapon enhancements, facility-based enhancements, sexual-motivation enhancements, enhancements for involving minors or child passengers, and specified additional terms for certain offenses), generally making many enhancements mandatory, to be served in total confinement and run consecutively, with specified durations and limited exceptions. The bill also amends restitution procedures (RCW 9A.20.030) to allow restitution up to double a defendant’s gain or the victim’s loss and directs how community-restoration payments are to be handled and distributed, and it requires WASPC to administer a graffiti/tagging abatement grant program (RCW 36.28A.210) with specified FY2025–2027 DOT-focused grants and reporting requirements. Juvenile sentencing reforms in the act add a juvenile sentencing grid and multiple disposition options (Options A–D), define eligibility and program standards for suspended dispositions and treatment-based alternatives, set juvenile escape penalties, and reenact and amend RCW 9.94A.515 and the juvenile disposition table (RCW 13.40.0357). The act includes a severability clause. Important text is incomplete in the materials provided: the full definition and all criteria for “organized graffiti” are only partially shown, and portions of the amendments to several cited RCW sections (including the remainder of the new chapter 9.94A section and parts of RCW 9.94A.533 and other reenacted sections) are not present here, so the full scope and some sentencing details cannot be confirmed from these excerpts.

If enacted, courts will routinely require people convicted of third‑degree malicious mischief or criminal street gang tagging and graffiti to perform at least 40 hours of community restitution—which can include actual cleanup of damage with the owner’s permission—and judges can order those hours instead of part or all of a jail term. Prosecutors can allege “organized graffiti” in certain serious graffiti cases; if a jury or judge finds that allegation beyond a reasonable doubt, the defendant faces additional mandatory sentencing enhancements (including a specified 12‑month enhancement for certain graffiti convictions) under the state sentencing statutes. The bill also directs restitution payments collected by courts to the state treasurer for distribution either to the specific community restitution program the offender worked for or to a graffiti abatement grant fund, and it strengthens requirements that prosecutors consider and recommend restitution as an alternative. The people most affected are defendants (more required community service and higher exposure to enhanced prison time if organized graffiti is proven), courts and prosecutors (new duties to order, track, and litigate community restitution and organized‑graffiti allegations), community restitution programs and local law enforcement/WASPC (may receive more labor and, subject to appropriation, grants for DOT property cleanup in FY2025–2027 with reporting and capped admin costs), and the state treasurer (to handle distributions). The text leaves some important details unclear: the full legal definition of “organized graffiti” and the complete sentencing mechanics under the new sections are partially missing, and the DOT grant funding is required only “subject to appropriation,” so actual grant awards and fiscal impacts depend on later appropriations.