| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to enhanced penalties for felony offenses committed at a postsecondary institution that involve an attempt by the defendant to conceal their identity; |
| Bill Description | Enhancing penalties for felony offenses committed at a postsecondary institution. |
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What this bill does
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This bill adds a new section to chapter 9.94A RCW and amends RCW 9.94A.533. It creates a procedural mechanism allowing a prosecuting attorney to file a special allegation of "attempting to conceal identity" in any felony case when admissible evidence shows the offense occurred, in whole or in part, on the premises of a postsecondary institution and the defendant covered any portion of the face with intent to prevent identification during the offense or immediate flight. When the special allegation is filed the state must prove it beyond a reasonable doubt and the court or jury must make a specific finding or special verdict on that allegation.
The amendment to RCW 9.94A.533 adds and clarifies many sentencing enhancements and procedures. It specifies how standard ranges are set for anticipatory offenses (grid range × 75%), defines multiple fixed-term enhancements for firearms and deadly weapons with prescribed additional terms, and prescribes mandatory, consecutive total-confinement treatment for many enhancements (with limited exceptions for extraordinary medical placement under RCW 9.94A.728(1)(c) and release under RCW 9.94A.730). It creates or restates enhancements for crimes committed in correctional facilities, certain drug offenses, vehicular homicide/assault while impaired and child-passenger aggravators, gang-related felonies involving minors (range × 125%), and specific sex-related enhancements. Sexual-motivation enhancements for anticipatory offenses add fixed terms by felony class (two years for class A or max ≥ 20 years; 18 months for class B or max ≥ 10 years; one year for class C or max = 5 years), are doubled if a prior sexual-motivation enhancement was imposed on or after July 1, 2006, are mandatory and consecutive, and apply to all felonies; other provisions detail a one-year enhancement for specified fee-for-sex sex offenses and allow a court to impose a fine up to $5,000 instead of, or in addition to, a 12-month enhancement for the attempting-to-conceal-identity allegation. The amendment also clarifies calculation rules when enhancements push a sentence past statutory maxima and preserves court discretion to impose an exceptional sentence under RCW 9.94A.535; courts have full discretion to depart from mandatory enhancements for persons who committed the offense while under age 18.
The bill supplies definitions used in these changes (for example, "postsecondary institution" and a definition of "sexual conduct" for a specific enhancement) and notes dates tied to some prior enhancement rules. The provided text is incomplete in places: the new section number in chapter 9.94A is not shown, parts of subsection text are missing or truncated, and some cross-referenced lists of specific crimes appear elsewhere and are not included here, so the full scope and placement of all amendments cannot be confirmed from the extracted facts alone.
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Why it matters
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If enacted, prosecutors would be able to add a special charge of "attempting to conceal identity" in felony cases that occurred on postsecondary campus property when a defendant wore a mask or similar covering with intent to avoid ID; a conviction on that allegation typically adds 12 months to the standard sentence range (or a court may impose up to a $5,000 fine instead of or in addition to that year). The bill also expands and clarifies a suite of mandatory, consecutive fixed-term enhancements — including for sexual-motivation offenses, firearm and deadly-weapon use, certain jail-based drug crimes, impaired-driving child-passenger cases, and others — many of which increase penalties by set months or years and in some cases double if prior enhancements apply, so more convictions would translate into longer, consecutive prison terms and less discretionary reduction of enhancement time.
The most affected parties will be prosecutors (who gain the option to seek these new and expanded enhancements), defendants (who face higher likely custody time and potential fines), courts and juries (who must make special findings and apply the enhancements), and the corrections system (which will likely see increased inmate time and associated costs, though the text allows limited exceptions for extraordinary medical placement or statutory release). Important implementation details are missing from the provided text — for example, the full lists of specific offenses covered and the final placement of the new section — so the exact scope and fiscal impact on campuses, counties, and state corrections cannot be fully determined from these excerpts.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/12/2026 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $1,101,874.25 |
| SENTENCING |