| Momentum Bucket | Viable |
| Legal Title | AN ACT Relating to restoring public order and protecting families and communities by strengthening consequences for repeat theft and related property offenses and allowing limited court-supervised alternatives when they reduce reoffending; |
| Bill Description | Concerning retail theft accountability. |
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What this bill does
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This bill creates a new chapter in Title 9A RCW (codifying sections 1–5, 7, and 9) called the "retail theft accountability act" and establishes a new sentencing regime for certain repeat nonviolent property offenses. It makes a person who is a "repeat offender" for a defined "community-safety crime" subject to a mandatory minimum jail term of at least 30 days and up to 364 days and a fine of up to $5,000. The court generally may not suspend or defer that mandatory minimum, but must prioritize diversion over incarceration when appropriate, may stay execution of the sentence if an individual voluntarily enters a court-approved diversion program, and must impose the mandatory minimum if the individual fails to complete the diversion program. The act allows the court to impose a sentence above the mandatory minimum where otherwise permitted by law.
The bill defines key terms: "community-safety crime" as certain repeated nonviolent misdemeanors or gross misdemeanors (explicitly including third-degree theft, third-degree possession of stolen property, and third-degree malicious mischief), "repeat offender" as an adult with two or more such convictions within two years before the current offense, and "diversion program" as court-recognized alternatives that provide services addressing recidivism causes. It directs the Administrative Office of the Courts to develop statewide guidance on diversion eligibility, referral pathways, and outcomes tracking and authorizes the Supreme Court or the Administrative Office to adopt administrative rules to support implementation. The act applies to offenses committed on or after July 1, 2026, includes a severability clause, and names affected entities (courts, AOC, Supreme Court, law enforcement, diversion providers, and individuals 18 and older). It is unclear from the provided text why sections 6 and 8 are excluded from codification and no deadline or objective criteria are specified for the required statewide guidance, nor are "statewide best practices" or "equitable access" defined.
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Why it matters
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Starting July 1, 2026, adults with two or more qualifying nonviolent theft or related convictions in the prior two years will face a likely short jail term of at least 30 days (up to 364 days) and possible fines up to $5,000 for a next qualifying offense, unless a court stays that sentence while the person voluntarily enters and successfully completes a court-approved diversion program; if they fail the program the mandatory minimum must be imposed. Courts must prioritize diversion when appropriate and may still impose higher sentences where allowed by law, and law enforcement keeps its normal charging discretion before charges are filed.
People labeled as repeat offenders will most directly face greater risk of custody and financial penalties, while courts and the Administrative Office of the Courts will take on new duties to prioritize diversion, approve programs, and develop statewide guidance and outcome tracking, creating likely additional workload and resource needs for the courts and diversion service providers (behavioral health, housing, employment supports). The measure names retailers, families, and communities as intended beneficiaries, but the bill does not specify deadlines, funding, or objective criteria for the required guidance, equitable access standards, or how increased program capacity will be funded, leaving key implementation details and costs uncertain.
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| Official Documents | View Full Bill Text |