| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to increasing the maximum authorized term of imprisonment for certain gross misdemeanor offenses; |
| Bill Description | Increasing the maximum authorized term of imprisonment for certain gross misdemeanor offenses. |
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What this bill does
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This bill amends multiple existing Washington statutes. It revises RCW 9A.20.021 to restate maximum sentences and fines for felonies, gross misdemeanors, and misdemeanors and to note applicability to crimes committed on or after July 1, 1984, with fines applying only to adult offenders. It amends RCW 9A.36.041 to define "assault in the fourth degree" as an assault not amounting to first, second, or third degree assault or custodial assault, treats most fourth-degree assaults as gross misdemeanors (up to 364 days and fines up to $5,000), and creates aggravated treatment where certain prior convictions and timeframes make specified domestic-violence-related fourth-degree assaults class C felonies. The bill also provides that a fourth-degree assault that is not a class C felony may be punishable by up to 365 days if domestic violence is pleaded and proven or if there is a statutory finding of sexual motivation.
The bill substantially revises penalties and procedures for convictions under RCW 46.61.502 and 46.61.504 (driving under the influence). It establishes tiered sentencing ranges, mandatory minimum jail terms, alternative electronic home monitoring or 24/7 sobriety program options, ignition interlock and alcohol-detection equipment requirements, fines with limited suspension except for indigency, and mandatory substance use disorder assessment and treatment when appropriate. Enhanced penalties apply when a passenger under age 16 is present, including additional confinement, ignition interlock time, and per-passenger fines. Courts must state in writing the reasons and facts whenever mandatory minimums are suspended or converted; counties or municipalities set electronic monitoring costs and offenders are generally required to pay those costs.
The bill also amends driver license suspension, revocation, and probation procedures (varied by alcohol concentration, test refusal, and number of priors within seven years), including minimum suspension periods, day-for-day credit for time already served, mandatory probation conditions tied to ignition interlock and testing, and 30-day confinement for violations of specified probation conditions. Definitions and cross-references are added or clarified (including what counts as a prior offense and definitions for timing such as "within seven years" or "within 15 years"), and it specifies that treatment means substance use disorder treatment licensed or certified by the Department of Health. Several portions of the text are incomplete in the provided excerpts (including the remainder of RCW 46.61.5055(2)(b), the effective date referenced in RCW 9A.36.041(4), and parts of the prior-offense lists and department identification), so some details and any additional amendments elsewhere in the bill are not available here.
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Why it matters
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If enacted, the bill will standardize tougher, more structured penalties for impaired driving and increase use of alternatives like electronic home monitoring, ignition interlocks, and 24/7 sobriety programs tied to a person’s blood alcohol level and prior offenses. Courts will be required to impose specific minimum jail or monitoring durations and to document in writing any decision to suspend or convert those minimums, offenders will generally pay the cost of monitoring (with counties or cities setting the fees), and probation violations for listed conditions will trigger automatic 30-day jail terms and 30-day license suspensions per incident. Counties, jails, 24/7 program operators, and ignition interlock vendors are likely to see more demand and administrative burden, and some offenders who might formerly have served time in jail could instead be placed on extended home monitoring or program supervision, while others face longer mandatory confinement with limited options to avoid it.
The bill also clarifies that fourth-degree assault is a defined lower-level assault but can be elevated to a class C domestic-violence felony when certain prior convictions and timing rules apply, and domestic-violence or sexual-motivation findings can increase the allowable jail term up to a full year; this will affect defendants in domestic cases and could increase convictions treated as felonies in those circumstances. The department responsible for licenses must apply day-for-day credit for time already served and resume suspensions if someone is removed from 24/7 programs, and substance use disorder assessment and treatment are required when appropriate. Important details are missing or cut off in the provided text (some subsections, exact effective dates, and the department’s identity), so the full scope and timing of these changes and some specific penalty amounts remain unclear.
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| Official Documents | View Full Bill Text |
| Representative Ley (Primary) |