| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to creating a sentencing enhancement for organized retail theft; |
| Bill Description | Creating a sentencing enhancement for organized retail theft. |
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What this bill does
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Senate Bill 5348 amends RCW 9.94A.533 to modify and add sentencing enhancements and procedures under Washington’s sentencing statute. The bill text in the provided extracts updates how standard sentence ranges are calculated for anticipatory offenses (attempt, solicitation, conspiracy) by using 75 percent of the grid range, and adds or clarifies multiple specific enhancements — including firearm and nonfirearm deadly-weapon enhancements, enhancements for crimes committed in county jails or state correctional facilities, drug-related enhancements, impaired-driving/vehicular homicide enhancements, sexual motivation enhancements, a criminal street gang–related multiplier, minor-child passenger enhancements, and an organized retail theft enhancement. The organized retail theft enhancement adds 12 months to the standard sentence range for conviction of organized retail theft (RCW 9A.56.350) if a special allegation finds aggregate value exceeds $25,000.
The firearm and deadly-weapon enhancements are mandatory, served in total confinement, and run consecutively to other sentencing provisions, with specified added terms tied to felony class or statutory maximums (firearms: five, three, or 18 months for the highest to lowest classes; nonfirearm deadly weapons: two, one, or six months), and may be doubled if the offender has certain prior weapon enhancements. Impaired-driving enhancements add two years per qualifying prior offense and are mandatory and consecutive. Sexual motivation enhancements attach set additional terms depending on felony class, can be doubled after a prior sexual motivation enhancement, are added to the total confinement term, and are calculated before crediting earned early release time; if the standard range plus these enhancements exceeds the statutory maximum, the statutory maximum is presumptive unless the offender is a persistent offender, and any enhancement portion that increases the sentence beyond the statutory maximum may not be reduced. The gang-related enhancement multiplies the grid range by 125% under specified conditions but is inapplicable where involving a minor is an element and is unavailable if the prosecution gives notice it will seek an exceptional sentence under RCW 9.94A.535.
Many enhancements apply only to offenses committed after specified dates (for example firearm and deadly-weapon enhancements for crimes after July 23, 1995; sexual motivation enhancements for crimes on or after July 1, 2006; certain sexual-conduct fee enhancements for offenses on or after July 22, 2007). Extraordinary medical placement and statutory release provisions under RCW 9.94A.728(1)(c) and RCW 9.94A.730 remain possible exceptions to total confinement in some cases. The provided excerpts end mid-provision and do not include the full amended subsection text, so some details of subsection (8)(b) and any other changes referenced in the bill title (beyond the organized retail theft enhancement shown) are incomplete or missing from these extracts.
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Why it matters
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If enacted, the bill increases prison time in many cases by adding mandatory, consecutive enhancements to existing felony sentences when certain aggravating facts are present: use of a firearm or other deadly weapon, committing crimes while in a county jail or state correctional facility, specific drug offenses tied to chapter 69.50, vehicular homicides with prior DUIs, offenses with sexual motivation, gang-related felonies that recruit or pay minors (raising the grid to 125%), and organized retail theft where the total loss exceeds $25,000 (an extra 12 months). Many of these added months must be served in total confinement and stack on top of other terms, and some enhancements are calculated in ways that limit the effect of earned release credit, so offenders are likely to serve noticeably longer time behind bars.
The people and systems most affected are people convicted of those felonies (who face higher risk of longer, consecutive prison terms), prosecutors (whose charging or notice to seek exceptional sentences can change whether some enhancements apply), sentencing courts (which must apply and sometimes may still depart, especially for defendants who were juveniles when the crime occurred), and correctional agencies that will likely see longer average lengths of stay and higher custody costs. The bill text in the provided facts cuts off parts of the sexual motivation subsection and does not fully show the new organized retail theft language or which lines are additions versus existing law, so some implementation details and the full scope of changes are unclear from these excerpts.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/17/2025 |
| Originating Chamber | Senate |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $371,010.53 |
| SENTENCING |
| Senator Fortunato (Primary) |