| Momentum Bucket | Strong Momentum |
| Legal Title | AN ACT Relating to modifying the definition of persistent offender to exclude convictions for offenses committed by someone under the age of 18 and providing for resentencing; |
| Bill Description | Modifying the definition of persistent offender to exclude convictions for offenses committed by someone under the age of 18 and providing for resentencing. |
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What this bill does
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The bill amends Washington sentencing law by changing the definition of "persistent offender" in RCW 9.94A.030 to exclude convictions for offenses committed when the person was under 18 and by adding new sections to chapter 9.94A RCW that create a resentencing process. The bill’s preamble cites U.S. and Washington case law and contemporary science on adolescent brain development as supporting the change.
Practically, the bill requires county prosecuting attorneys to review sentencing records to determine whether a juvenile-age conviction was used to establish persistent-offender status and to either move for relief from sentence or allow the person to move. If the sentencing court finds a juvenile conviction was used, it must grant relief, set an expedited resentencing date, and resentence the person as if the juvenile conviction were not a "most serious offense." The bill directs that offenses committed under age 18 shall not be considered "most serious offenses" for resentencing or for any sentencing as a persistent offender after the section’s effective date, and it makes the resentencing provision retroactive to persons incarcerated in total confinement as persistent offenders on the effective date. The bill excludes from resentencing anyone convicted of firstor second-degree murder or any sex offense that is considered a most serious offense.
Legally, this is a definitional change combined with a procedural, retroactive resentencing mechanism; it does not create new crimes or increase penalties. It requires victim notification and victim participation consistent with chapter 7.69 RCW and affects the department of corrections, prosecuting attorneys, sentencing courts, victim advocates, and persons sentenced as persistent offenders. Important details are not included in the extracted text: the exact amended statutory language for "persistent offender," the new section numbers, any operative effective date, the specific resentencing procedures or timelines, and what constitutes "reasonable efforts" to notify victims.
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Why it matters
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If enacted, the bill would let people who were labeled persistent offenders because of crimes they committed before age 18 seek resentencing (excluding anyone convicted of firstor second-degree murder or specified serious sexual offenses). County prosecutors would have to review past sentencing records and either file for relief or allow the person to file, courts would be required to grant those motions and hold expedited resentencing hearings, and victims must be notified and given access to advocates and opportunities to participate. The change is retroactive for people in total confinement as persistent offenders on the law’s effective date.
Practically, this will shift work and costs onto county prosecutors (document review, filings, victim notification), local courts (more expedited resentencing hearings), and victim services (more notifications and advocacy), while the Department of Corrections could see some people’s custody status or sentence length reduced, lowering incarceration costs for some cases. Important details that determine how many people are affected and how quickly this happens are missing from the provided text—the bill’s effective date, the exact definition of “persistent offender” as amended, and the specific resentencing procedures—so the scope and timing of the impacts are uncertain.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/21/2026 |
| Originating Chamber | Senate |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $3,064,248.75 |
| SENTENCING |
| Hearing | Senate Human Services (Public) |
| Hearing | Senate Human Services (Executive) |
| Hearing | Senate Ways & Means (Public) |