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Bill > SB5945


WA SB5945

WA SB5945
Modifying the definition of persistent offender to exclude convictions for offenses committed by someone under the age of 18 and providing for resentencing.


summary

Introduced
01/12/2026
In Committee
01/22/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT Relating to modifying the definition of persistent 2 offender to exclude convictions for offenses committed by someone 3 under the age of 18 and providing for resentencing; amending RCW 4 9.94A.030; adding a new section to chapter 9.94A RCW; and creating 5 new sections. 6

AI Summary

This bill modifies the definition of a "persistent offender," which refers to individuals convicted of serious crimes who have prior convictions. Specifically, it excludes convictions for offenses committed by someone under the age of 18 from being used to classify someone as a persistent offender. This change is based on U.S. Supreme Court rulings that sentencing youth to mandatory life without parole for certain offenses is unconstitutional, recognizing that adolescents have different capacities for judgment and rehabilitation compared to adults. The bill also provides for a resentencing hearing for individuals currently serving as persistent offenders if a conviction from their time as a minor was used to determine their persistent offender status. This means that if a conviction from when they were under 18 was a factor in their original sentencing as a persistent offender, they can request a resentencing hearing where that juvenile conviction will not be considered a "most serious offense" for sentencing purposes. This provision applies retroactively to those incarcerated as persistent offenders on the bill's effective date, with an exception for those convicted of murder in the first or second degree or certain sex offenses at any age.

Committee Categories

Budget and Finance, Labor and Employment

Sponsors (3)

Last Action

Public hearing in the Senate Committee on Ways & Means at 4:00 PM. (on 01/29/2026)

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