Read first time 02/13/2007. Referred to Committee on Public Safety & Emergency Preparedness.

AN ACT Relating to combating gang-related crime; amending RCW 9A.46.120 and 13.40.0357; reenacting and amending RCW 9.94A.515, 9.94A.533, and 9.94A.411; adding new sections to chapter 9A.46 RCW; adding a new section to chapter 9A.48 RCW; adding a new section to chapter 9.94A RCW; creating new sections; prescribing penalties; making appropriations; providing an expiration date; and declaring an emergency.

NEW SECTION. Sec. 1 The legislature finds that gang violence is an increasingly serious problem that threatens the long-term economic, social, and public safety interests of the state. The scourge of gangs is a clear and present danger to our communities. Those who live where gang membership and activity is on the rise find themselves living with the daily threat of intimidation and harassment. Gangs terrorize neighborhoods and adversely impact our quality of life by engaging in violence, drugs, and associated criminal activities. Individual gang members, gang cliques, or entire gang organizations traffic in drugs and gun running and commit assault, rape, robbery, burglary, extortion, auto theft, shootings, murder, and other felonies. Gang members are coming to Washington from other states and countries with many supported by the sale of crack cocaine, heroin, and other illegal drugs. In many neighborhoods, children are born into or must contend with second and third-generation street gangs. The loss of life, property, and positive opportunity for growth caused by gang violence has reached intolerable levels. Increased gang activity has seriously strained the budgets of many local jurisdictions, as well as threatened the ability of the educational system to educate our youth. The destruction and fear generated by gangs in many communities have greatly elevated the critical importance of enacting effective measures to combat gang-related crime. Communities overwhelmed by violent gang activity must have relief from the blight of gang crime before revitalization, initiatives to strengthen families, school improvements, and other desired interventions can succeed. Law enforcement and prosecutors require assistance to combat this clear and present danger to the law-abiding residents of Washington. They must have the tools they need to aggressively combat gang-related crime and build strong cases that remove violent gang members from the streets. They need what criminal gang-related definitions clearly stated in state law so they can collect and share critical information with other law enforcement agencies and coordinate enforcement strategies across jurisdictional lines. They also need specific sanctions and sentencing enhancements to ensure that those who commit gang-related crimes are held fully accountable for the harm and suffering they inflict on society. It is the intent of this act to provide the criminal justice community with the effective tools they need to better protect the citizens of Washington from gang-related crime.

NEW SECTION. Sec. 2 A new section is added to chapter 9A.46 RCW to read as follows:
A person commits the offense of criminal gang intimidation if the person threatens another person with bodily injury because the other person refuses to join or has attempted to withdraw from a gang, as defined in section 5 of this act. Criminal gang intimidation is a class B felony.

Sec. 3 RCW 9A.46.120 and 1997 c 266 s 3 are each amended to read as follows:
A person commits the offense of school criminal gang intimidation if the person threatens another person with bodily injury because the other person refuses to join or has attempted to withdraw from a gang, as defined in RCW 28A.600.455, if the person who threatens the victim or the victim attends or is registered in a public or alternative school. School criminal gang intimidation is a class C felony.

NEW SECTION.  Sec. 4   A new section is added to chapter 9A.48 RCW to read as follows:
     (1) A person is guilty of tagging/gang graffiti if, as part of a gang-related offense as defined by section 5 of this act, he or she knowingly and maliciously causes physical damage to the property of another.
     (2)(a) Except as provided in (b) of this subsection, tagging/gang graffiti is a gross misdemeanor.
     (b) Tagging/gang graffiti is a class C felony if the person has previously been convicted under this section; or has previously been convicted of any other gang-related offense as defined by section 5 of this act.

NEW SECTION.  Sec. 5   A new section is added to chapter 9.94A RCW to read as follows:
     (1) In a criminal case wherein there has been a special allegation and evidence establishing that the accused or an accomplice was a criminal gang member or associate and that the crime was a gang-related offense, the court shall make a finding of fact of whether or not the accused or an accomplice was a criminal gang member or associate and whether or not the crime was a gang-related offense, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not the defendant or an accomplice was a criminal gang member or associate and whether or not the crime was a gang-related offense.
     (2) For the purpose of this chapter, unless the context indicates otherwise:
     (a) "Criminal gang" means any ongoing formal or informal association, consisting of three or more individuals, that has as one of its primary purposes the commission of criminal activity.
     (b) "Criminal gang member or associate" is a person who participates in the activity of a criminal gang by committing or attempting to commit criminal acts for the benefit of, at the direction of, or in association with any criminal gang with the intent to promote, further, or assist in any criminal conduct by the criminal gang. A criminal gang member or associate is also a person who has been previously found to be such in a court of record.
     (c) "Gang-related offense" means any criminal act or attempted criminal act, conducted for the benefit of, at the direction of, or in association with a criminal gang, or conducted to gain admission to or promotion within a criminal gang.

Sec. 6 RCW 9.94A.515 and 2006 c 277 s 6, 2006 c 228 s 9, 2006 c 191 s 2, 2006 c 139 s 2, 2006 c 128 s 3, and 2006 c 73 s 12 are each reenacted and amended to read as follows:

	TABLE 2
	CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVI	Aggravated Murder 1 (RCW 10.95.020)
XV	Homicide by abuse (RCW 9A.32.055)
	Malicious explosion 1 (RCW 70.74.280(1))
	Murder 1 (RCW 9A.32.030)
XIV	Murder 2 (RCW 9A.32.050)
	Trafficking 1 (RCW 9A.40.100(1))
XIII	Malicious explosion 2 (RCW 70.74.280(2))
	Malicious placement of an explosive 1 (RCW 70.74.270(1))
XII	Assault 1 (RCW 9A.36.011)
	Assault of a Child 1 (RCW 9A.36.120)
	Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
	Rape 1 (RCW 9A.44.040)
	Rape of a Child 1 (RCW 9A.44.073)
	Trafficking 2 (RCW 9A.40.100(2))
XI	Manslaughter 1 (RCW 9A.32.060)
	Rape 2 (RCW 9A.44.050)
	Rape of a Child 2 (RCW 9A.44.076)
X	Child Molestation 1 (RCW 9A.44.083)
	Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
	Kidnapping 1 (RCW 9A.40.020)
	Leading Organized Crime (RCW 9A.82.060(1)(a))
	Malicious explosion 3 (RCW 70.74.280(3))
	Sexually Violent Predator Escape (RCW 9A.76.115)
IX	Abandonment of Dependent Person 1 (RCW 9A.42.060)
	Assault of a Child 2 (RCW 9A.36.130)
	Criminal Mistreatment 1 (RCW 9A.42.020)
	Explosive devices prohibited (RCW 70.74.180)
	Hit and Run--Death (RCW 46.52.020(4)(a))
	Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)
	Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
	Malicious placement of an explosive 2 (RCW 70.74.270(2))
	Robbery 1 (RCW 9A.56.200)
	Sexual Exploitation (RCW 9.68A.040)
	Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
VIII	Arson 1 (RCW 9A.48.020)
	Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
	Manslaughter 2 (RCW 9A.32.070)
	Promoting Prostitution 1 (RCW 9A.88.070)
	Theft of Ammonia (RCW 69.55.010)
	Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII	Burglary 1 (RCW 9A.52.020)
	Child Molestation 2 (RCW 9A.44.086)
	Civil Disorder Training (RCW 9A.48.120)
	Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
	Drive-by Shooting (RCW 9A.36.045)
	Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)
	Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
	Introducing Contraband 1 (RCW 9A.76.140)
	Malicious placement of an explosive 3 (RCW 70.74.270(3))
	Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675)
	Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
	Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1))
	Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)
	Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
VI	Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a))
	Bribery (RCW 9A.68.010)
	Criminal Gang Intimidation (section 2 of this act)
	Incest 1 (RCW 9A.64.020(1))
	Intimidating a Judge (RCW 9A.72.160)
	Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
	Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
	Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct (RCW 9.68A.070)
	Rape of a Child 3 (RCW 9A.44.079)
	Theft of a Firearm (RCW 9A.56.300)
	Unlawful Storage of Ammonia (RCW 69.55.020)
V	Abandonment of Dependent Person 2 (RCW 9A.42.070)
	Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
	Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))
	Child Molestation 3 (RCW 9A.44.089)
	Criminal Mistreatment 2 (RCW 9A.42.030)
	Custodial Sexual Misconduct 1 (RCW 9A.44.160)
	Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)
	Driving While Under the Influence (RCW 46.61.502(6))
	Extortion 1 (RCW 9A.56.120)
	Extortionate Extension of Credit (RCW 9A.82.020)
	Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
	Incest 2 (RCW 9A.64.020(2))
	Kidnapping 2 (RCW 9A.40.030)
	Perjury 1 (RCW 9A.72.020)
	Persistent prison misbehavior (RCW 9.94.070)
	Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6))
	Possession of a Stolen Firearm (RCW 9A.56.310)
	Rape 3 (RCW 9A.44.060)
	Rendering Criminal Assistance 1 (RCW 9A.76.070)
	Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
	Sexually Violating Human Remains (RCW 9A.44.105)
	Stalking (RCW 9A.46.110)
	Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070)
IV	Arson 2 (RCW 9A.48.030)
	Assault 2 (RCW 9A.36.021)
	Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h))
	Assault by Watercraft (RCW 79A.60.060)
	Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
	Cheating 1 (RCW 9.46.1961)
	Commercial Bribery (RCW 9A.68.060)
	Counterfeiting (RCW 9.16.035(4))
	Endangerment with a Controlled Substance (RCW 9A.42.100)
	Escape 1 (RCW 9A.76.110)
	Hit and Run -- Injury (RCW 46.52.020(4)(b))
	Hit and Run with Vessel -- Injury Accident (RCW 79A.60.200(3))
	Identity Theft 1 (RCW 9.35.020(2))
	Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)
	Influencing Outcome of Sporting Event (RCW 9A.82.070)
	Malicious Harassment (RCW 9A.36.080)
	Residential Burglary (RCW 9A.52.025)
	Robbery 2 (RCW 9A.56.210)
	School Criminal Gang Intimidation (RCW 9A.46.120)
	Theft of Livestock 1 (RCW 9A.56.080)
	Threats to Bomb (RCW 9.61.160)
	Trafficking in Stolen Property 1 (RCW 9A.82.050)
	Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b))
	Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3))
	Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3))
	Unlawful transaction of insurance business (RCW 48.15.023(3))
	Unlicensed practice as an insurance professional (RCW 48.17.063(3))
	Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
	Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)
	Willful Failure to Return from Furlough (RCW 72.66.060)
III	Animal Cruelty 1 (Sexual Conduct or Contact) (RCW 16.52.205(3))
	Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h))
	Assault of a Child 3 (RCW 9A.36.140)
	Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))
	Burglary 2 (RCW 9A.52.030)
	Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
	((~~Criminal Gang Intimidation (RCW 9A.46.120)~~))
	Custodial Assault (RCW 9A.36.100)
	Cyberstalking (subsequent conviction or threat of death) (RCW 9.61.260(3))
	Escape 2 (RCW 9A.76.120)
	Extortion 2 (RCW 9A.56.130)
	Harassment (RCW 9A.46.020)
	Intimidating a Public Servant (RCW 9A.76.180)
	Introducing Contraband 2 (RCW 9A.76.150)
	Malicious Injury to Railroad Property (RCW 81.60.070)
	Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674)
	Organized Retail Theft 1 (RCW 9A.56.350(2))
	Patronizing a Juvenile Prostitute (RCW 9.68A.100)
	Perjury 2 (RCW 9A.72.030)
	Possession of Incendiary Device (RCW 9.40.120)
	Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
	Promoting Prostitution 2 (RCW 9A.88.080)
	((~~[Retail]~~)) Retail Theft with Extenuating Circumstances 1 (RCW 9A.56.360(2))
	Securities Act violation (RCW 21.20.400)
	Tampering with a Witness (RCW 9A.72.120)
	Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2))
	Theft of Livestock 2 (RCW 9A.56.083)
	Theft with the Intent to Resell 1 (RCW 9A.56.340(2))
	Trafficking in Stolen Property 2 (RCW 9A.82.055)
	Unlawful Imprisonment (RCW 9A.40.040)
	Unlawful possession of firearm in the second degree (RCW 9.41.040(2))
	Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)
	Willful Failure to Return from Work Release (RCW 72.65.070)
II	Computer Trespass 1 (RCW 9A.52.110)
	Counterfeiting (RCW 9.16.035(3))
	Escape from Community Custody (RCW 72.09.310)
	Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.130(10)(a))
	Health Care False Claims (RCW 48.80.030)
	Identity Theft 2 (RCW 9.35.020(3))
	Improperly Obtaining Financial Information (RCW 9.35.010)
	Malicious Mischief 1 (RCW 9A.48.070)
	Organized Retail Theft 2 (RCW 9A.56.350(3))
	Possession of Stolen Property 1 (RCW 9A.56.150)
	((~~[Retail]~~)) Retail Theft with Extenuating Circumstances 2 (RCW 9A.56.360(3))
	Theft 1 (RCW 9A.56.030)
	Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(5)(a))
	Theft with the Intent to Resell 2 (RCW 9A.56.340(3))
	Trafficking in Insurance Claims (RCW 48.30A.015)
	Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a))
	Unlawful Practice of Law (RCW 2.48.180)
	Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
	Voyeurism (RCW 9A.44.115)
I	Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
	False Verification for Welfare (RCW 74.08.055)
	Forgery (RCW 9A.60.020)
	Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060)
	Malicious Mischief 2 (RCW 9A.48.080)
	Mineral Trespass (RCW 78.44.330)
	Possession of Stolen Property 2 (RCW 9A.56.160)
	Reckless Burning 1 (RCW 9A.48.040)
	Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075)
	Theft 2 (RCW 9A.56.040)
	Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(5)(b))
	Transaction of insurance business beyond the scope of licensure (RCW 48.17.063(4))
	Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
	Unlawful Possession of Fictitious Identification (RCW 9A.56.320)
	Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320)
	Unlawful Possession of Payment Instruments (RCW 9A.56.320)
	Unlawful Possession of a Personal Identification Device (RCW 9A.56.320)
	Unlawful Production of Payment Instruments (RCW 9A.56.320)
	Unlawful Trafficking in Food Stamps (RCW 9.91.142)
	Unlawful Use of Food Stamps (RCW 9.91.144)
	Vehicle Prowl 1 (RCW 9A.52.095)

Sec. 7   RCW 9.94A.533 and 2006 c 339 s 301 and 2006 c 123 s 1 are each reenacted and amended to read as follows:
     (1) The provisions of this section apply to the standard sentence ranges determined by RCW 9.94A.510 or 9.94A.517.
     (2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the standard sentence range is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by seventy-five percent.
     (3) The following additional times shall be added to the standard sentence range for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the classification of the completed felony crime. If the offender is being sentenced for more than one offense, the firearm enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to a firearm enhancement. If the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any firearm enhancements, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:
     (a) Five years for any felony defined under any law as a class A felony or with a statutory maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection;
     (b) Three years for any felony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both, and not covered under (f) of this subsection;
     (c) Eighteen months for any felony defined under any law as a class C felony or with a statutory maximum sentence of five years, or both, and not covered under (f) of this subsection;
     (d) If the offender is being sentenced for any firearm enhancements under (a), (b), and/or (c) of this subsection and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (4)(a), (b), and/or (c) of this section, or both, all firearm enhancements under this subsection shall be twice the amount of the enhancement listed;
     (e) Notwithstanding any other provision of law, all firearm enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other firearm or deadly weapon enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be granted an extraordinary medical placement when authorized under RCW 9.94A.728(4);
     (f) The firearm enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony;
     (g) If the standard sentence range under this section exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a firearm enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.
     (4) The following additional times shall be added to the standard sentence range for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any deadly weapon enhancements based on the classification of the completed felony crime. If the offender is being sentenced for more than one offense, the deadly weapon enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to a deadly weapon enhancement. If the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any deadly weapon enhancements, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:
     (a) Two years for any felony defined under any law as a class A felony or with a statutory maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection;
     (b) One year for any felony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both, and not covered under (f) of this subsection;
     (c) Six months for any felony defined under any law as a class C felony or with a statutory maximum sentence of five years, or both, and not covered under (f) of this subsection;
     (d) If the offender is being sentenced under (a), (b), and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (3)(a), (b), and/or (c) of this section, or both, all deadly weapon enhancements under this subsection shall be twice the amount of the enhancement listed;
     (e) Notwithstanding any other provision of law, all deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other firearm or deadly weapon enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be granted an extraordinary medical placement when authorized under RCW 9.94A.728(4);
     (f) The deadly weapon enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony;
     (g) If the standard sentence range under this section exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a deadly weapon enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.
     (5) The following additional times shall be added to the standard sentence range if the offender or an accomplice committed the offense while in a county jail or state correctional facility and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section:
     (a) Eighteen months for offenses committed under RCW 69.50.401(2) (a) or (b) or 69.50.410;
     (b) Fifteen months for offenses committed under RCW 69.50.401(2) (c), (d), or (e);
     (c) Twelve months for offenses committed under RCW 69.50.4013.
     For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.
     (6) An additional twenty-four months shall be added to the standard sentence range for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435 or 9.94A.605. All enhancements under this subsection shall run consecutively to all other sentencing provisions, for all offenses sentenced under this chapter.
     (7) An additional two years shall be added to the standard sentence range for vehicular homicide committed while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502 for each prior offense as defined in RCW 46.61.5055.
     (8)(a) The following additional times shall be added to the standard sentence range for felony crimes committed on or after July 1, 2006, if the offense was committed with sexual motivation, as that term is defined in RCW 9.94A.030. If the offender is being sentenced for more than one offense, the sexual motivation enhancement must be added to the total period of total confinement for all offenses, regardless of which underlying offense is subject to a sexual motivation enhancement. If the offender committed the offense with sexual motivation and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW, the following additional times shall be added to the standard sentence range determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:
     (i) Two years for any felony defined under the law as a class A felony or with a statutory maximum sentence of at least twenty years, or both;
     (ii) Eighteen months for any felony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both;
     (iii) One year for any felony defined under any law as a class C felony or with a statutory maximum sentence of five years, or both;
     (iv) If the offender is being sentenced for any sexual motivation enhancements under (i), (ii), and/or (iii) of this subsection and the offender has previously been sentenced for any sexual motivation enhancements on or after July 1, 2006, under (i), (ii), and/or (iii) of this subsection, all sexual motivation enhancements under this subsection shall be twice the amount of the enhancement listed;
     (b) Notwithstanding any other provision of law, all sexual motivation enhancements under this subsection are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other sexual motivation enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be granted an extraordinary medical placement when authorized under RCW 9.94A.728(4);
     (c) The sexual motivation enhancements in this subsection apply to all felony crimes;
     (d) If the standard sentence range under this subsection exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a sexual motivation enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced;
     (e) The portion of the total confinement sentence which the offender must serve under this subsection shall be calculated before any earned early release time is credited to the offender;
     (f) Nothing in this subsection prevents a sentencing court from imposing a sentence outside the standard sentence range pursuant to RCW 9.94A.535.
     (9) The following additional times shall be added to the standard sentence range for felony crimes, if the offender or an accomplice was found to be either a gang member or associate as defined in section 5 of this act, and the offense for which the offender is being sentenced is a gang-related offense as defined in section 5 of this act. If the offender is being sentenced for more than one offense, the gang sentencing enhancement or enhancements must be added to the total period of confinement for all offenses, regardless of which underlying offense is subject to a gang sentencing enhancement:
     (a) Thirty months for any felony defined under any law as a class A felony or with a statutory maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection;
     (b) Twenty-four months for any felony defined under any law as a class B felony or with a statutory maximum sentence of ten years, or both, and not covered under (f) of this subsection;
     (c) Eighteen months for any felony defined under any law as a class C felony or with a statutory maximum sentence of five years, or both, and not covered under (f) of this subsection;
     (d) If the offender is being sentenced for any gang sentencing enhancements under (a), (b), and/or (c) of this subsection and the offender has previously been sentenced for any gang sentencing enhancement and/or any deadly weapon enhancement, or both, all enhancements under this subsection shall be three times the amount of the enhancement listed;
     (e) Notwithstanding any other provision of law, all gang sentencing enhancements under this section are mandatory, shall be served in total confinement, and shall run consecutively to all other sentencing provisions, including other gang sentencing, firearm, or deadly weapon enhancements, for all offenses sentenced under this chapter. However, whether or not a mandatory minimum term has expired, an offender serving a sentence under this subsection may be granted an extraordinary medical placement when authorized under RCW 9.94A.728(4);
     (f) If the standard sentence range under this section exceeds the statutory maximum sentence for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender. If the addition of a firearm enhancement increases the sentence so that it would exceed the statutory maximum for the offense, the portion of the sentence representing the enhancement may not be reduced.

Sec. 8   RCW 9.94A.411 and 2006 c 271 s 1 and 2006 c 73 s 13 are each reenacted and amended to read as follows:
     (1) Decision not to prosecute.
     STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.
     GUIDELINE/COMMENTARY:
     Examples
     The following are examples of reasons not to prosecute which could satisfy the standard.
     (a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.
     (b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:
     (i) It has not been enforced for many years; and
     (ii) Most members of society act as if it were no longer in existence; and
     (iii) It serves no deterrent or protective purpose in today's society; and
     (iv) The statute has not been recently reconsidered by the legislature.
     This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.
     (c) De Minimis Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.
     (d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and
     (i) Conviction of the new offense would not merit any additional direct or collateral punishment;
     (ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and
     (iii) Conviction of the new offense would not serve any significant deterrent purpose.
     (e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and
     (i) Conviction of the new offense would not merit any additional direct or collateral punishment;
     (ii) Conviction in the pending prosecution is imminent;
     (iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and
     (iv) Conviction of the new offense would not serve any significant deterrent purpose.
     (f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question. This reason should be limited to minor cases and should not be relied upon in serious cases.
     (g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question or would result in decreased respect for the law.
     (h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused's information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.
     (i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:
     (i) Assault cases where the victim has suffered little or no injury;
     (ii) Crimes against property, not involving violence, where no major loss was suffered;
     (iii) Where doing so would not jeopardize the safety of society.
     Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.
     The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.
     Notification
     The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.
     (2) Decision to prosecute.
     (a) STANDARD:
     Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact-finder. With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be provided pursuant to RCW 9.94A.670.
     Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact-finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.
     See table below for the crimes within these categories.

Sec. 9 RCW 13.40.0357 and 2006 c 73 s 14 are each amended to read as follows:

DESCRIPTION AND OFFENSE CATEGORY
JUVENILE DISPOSITION OFFENSE CATEGORY		DESCRIPTION (RCW CITATION)	JUVENILE DISPOSITION CATEGORY FOR ATTEMPT, BAILJUMP, CONSPIRACY, OR SOLICITATION
. . . . . . . . . . . .
		Arson and Malicious Mischief
	A	Arson 1 (9A.48.020)		B
	B	Arson 2 (9A.48.030)		C
	C	Reckless Burning 1 (9A.48.040)		D
	D	Reckless Burning 2 (9A.48.050)		E
	B	Malicious Mischief 1 (9A.48.070)		C
	C	Malicious Mischief 2 (9A.48.080)		D
	D	Malicious Mischief 3 (9A.48.090(2) (a) and (c))		E
	E	Malicious Mischief 3 (9A.48.090(2)(b))		E
	E	Tampering with Fire Alarm Apparatus (9.40.100)		E
	E	Tampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105)		E
	A	Possession of Incendiary Device (9.40.120)		B+
	B	Tagging/Gang Graffiti, 2nd or subsequent offense (section 4(2)(b) of this act)		C
	D	Tagging/Gang Graffiti, 1st offense (section 4(2)(a) of this act)		E
		Assault and Other Crimes Involving Physical Harm
	A	Assault 1 (9A.36.011)		B+
	B+	Assault 2 (9A.36.021)		C+
	C+	Assault 3 (9A.36.031)		D+
	D+	Assault 4 (9A.36.041)		E
	B+	Drive-By Shooting (9A.36.045)		C+
	D+	Reckless Endangerment (9A.36.050)		E
	C+	Promoting Suicide Attempt (9A.36.060)		D+
	D+	Coercion (9A.36.070)		E
	C+	Custodial Assault (9A.36.100)		D+
		Burglary and Trespass
	B+	Burglary 1 (9A.52.020)		C+
	B	Residential Burglary (9A.52.025)		C
	B	Burglary 2 (9A.52.030)		C
	D	Burglary Tools (Possession of) (9A.52.060)		E
	D	Criminal Trespass 1 (9A.52.070)		E
	E	Criminal Trespass 2 (9A.52.080)		E
	C	Mineral Trespass (78.44.330)		C
	C	Vehicle Prowling 1 (9A.52.095)		D
	D	Vehicle Prowling 2 (9A.52.100)		E
		Drugs
	E	Possession/Consumption of Alcohol (66.44.270)		E
	C	Illegally Obtaining Legend Drug (69.41.020)		D
	C+	Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a))		D+
	E	Possession of Legend Drug (69.41.030(2)(b))		E
	B+	Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b))		B+
	C	Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c))		C
	E	Possession of Marihuana <40 grams (69.50.4014)		E
	C	Fraudulently Obtaining Controlled Substance (69.50.403)		C
	C+	Sale of Controlled Substance for Profit (69.50.410)		C+
	E	Unlawful Inhalation (9.47A.020)		E
	B	Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b))		B
	C	Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e))		C
	C	Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013)		C
	C	Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4012)		C
		Firearms and Weapons
	B	Theft of Firearm (9A.56.300)		C
	B	Possession of Stolen Firearm (9A.56.310)		C
	E	Carrying Loaded Pistol Without Permit (9.41.050)		E
	C	Possession of Firearms by Minor (<18) (9.41.040(2)(a)(iii))		C
	D+	Possession of Dangerous Weapon (9.41.250)		E
	D	Intimidating Another Person by use of Weapon (9.41.270)		E
		Homicide
	A+	Murder 1 (9A.32.030)		A
	A+	Murder 2 (9A.32.050)		B+
	B+	Manslaughter 1 (9A.32.060)		C+
	C+	Manslaughter 2 (9A.32.070)		D+
	B+	Vehicular Homicide (46.61.520)		C+
		Kidnapping
	A	Kidnap 1 (9A.40.020)		B+
	B+	Kidnap 2 (9A.40.030)		C+
	C+	Unlawful Imprisonment (9A.40.040)		D+
		Obstructing Governmental Operation
	D	Obstructing a Law Enforcement Officer (9A.76.020)		E
	E	Resisting Arrest (9A.76.040)		E
	B	Introducing Contraband 1 (9A.76.140)		C
	C	Introducing Contraband 2 (9A.76.150)		D
	E	Introducing Contraband 3 (9A.76.160)		E
	B+	Intimidating a Public Servant (9A.76.180)		C+
	B+	Intimidating a Witness (9A.72.110)		C+
		Public Disturbance
	C+	Riot with Weapon (9A.84.010(2)(b))		D+
	D+	Riot Without Weapon (9A.84.010(2)(a))		E
	E	Failure to Disperse (9A.84.020)		E
	E	Disorderly Conduct (9A.84.030)		E
		Sex Crimes
	A	Rape 1 (9A.44.040)		B+
	A-	Rape 2 (9A.44.050)		B+
	C+	Rape 3 (9A.44.060)		D+
	A-	Rape of a Child 1 (9A.44.073)		B+
	B+	Rape of a Child 2 (9A.44.076)		C+
	B	Incest 1 (9A.64.020(1))		C
	C	Incest 2 (9A.64.020(2))		D
	D+	Indecent Exposure (Victim <14) (9A.88.010)		E
	E	Indecent Exposure (Victim 14 or over) (9A.88.010)		E
	B+	Promoting Prostitution 1 (9A.88.070)		C+
	C+	Promoting Prostitution 2 (9A.88.080)		D+
	E	O & A (Prostitution) (9A.88.030)		E
	B+	Indecent Liberties (9A.44.100)		C+
	A-	Child Molestation 1 (9A.44.083)		B+
	B	Child Molestation 2 (9A.44.086)		C+
		Theft, Robbery, Extortion, and Forgery
	B	Theft 1 (9A.56.030)		C
	C	Theft 2 (9A.56.040)		D
	D	Theft 3 (9A.56.050)		E
	B	Theft of Livestock 1 and 2 (9A.56.080 and 9A.56.083)		C
	C	Forgery (9A.60.020)		D
	A	Robbery 1 (9A.56.200)		B+
	B+	Robbery 2 (9A.56.210)		C+
	B+	Extortion 1 (9A.56.120)		C+
	C+	Extortion 2 (9A.56.130)		D+
	C	Identity Theft 1 (9.35.020(2))		D
	D	Identity Theft 2 (9.35.020(3))		E
	D	Improperly Obtaining Financial Information (9.35.010)		E
	B	Possession of Stolen Property 1 (9A.56.150)		C
	C	Possession of Stolen Property 2 (9A.56.160)		D
	D	Possession of Stolen Property 3 (9A.56.170)		E
	C	Taking Motor Vehicle Without Permission 1 and 2 (9A.56.070 and 9A.56.075)		D
		Motor Vehicle Related Crimes
	E	Driving Without a License (46.20.005)		E
	B+	Hit and Run - Death (46.52.020(4)(a))		C+
	C	Hit and Run - Injury (46.52.020(4)(b))		D
	D	Hit and Run-Attended (46.52.020(5))		E
	E	Hit and Run-Unattended (46.52.010)		E
	C	Vehicular Assault (46.61.522)		D
	C	Attempting to Elude Pursuing Police Vehicle (46.61.024)		D
	E	Reckless Driving (46.61.500)		E
	D	Driving While Under the Influence (46.61.502 and 46.61.504)		E
	B+	Felony Driving While Under the Influence (46.61.502(6))		B
	B+	Felony Physical Control of a Vehicle While Under the Influence (46.61.504(6))		B
		Other
	B	Animal Cruelty 1 (16.52.205)		C
	B	Bomb Threat (9.61.160)		C
	C	Escape 1¹ (9A.76.110)		C
	C	Escape 2¹ (9A.76.120)		C
	D	Escape 3 (9A.76.130)		E
	E	Obscene, Harassing, Etc., Phone Calls (9.61.230)		E
	A	Other Offense Equivalent to an Adult Class A Felony		B+
	B	Other Offense Equivalent to an Adult Class B Felony		C
	C	Other Offense Equivalent to an Adult Class C Felony		D
	D	Other Offense Equivalent to an Adult Gross Misdemeanor		E
	E	Other Offense Equivalent to an Adult Misdemeanor		E
	V	Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)²		V

NEW SECTION.  Sec. 10   A new section is added to chapter 9A.46 RCW to read as follows:
     (1) It is critical that parents, teachers, students, and others working with youth understand that prevention is an important key to controlling gang activity within our communities and that they learn the warning signs of gang membership in order to better help children avoid involvement with gangs.
     (2) The superintendent of public instruction shall create and distribute "Gang Indicators" brochures for distribution in each school district of the state which include, at a minimum, the gang indicators listed in this subsection. It is important to understand that many of the indicators listed may be innocent by themselves, but when put together they may strongly signal gang involvement.
     (a) Changes in the child's behavior;
     (b) Not associating with long-time friends and being secretive about new friends and activities;
     (c) Changes in hair or dress style and/or having a group of friends who have the same hair or dress style;
     (d) Changes in normal routines with new friends, such as not coming home after school or staying out late at night with no explanation;
     (e) Suspected drug use, such as alcohol, inhalants, and narcotics;
     (f) Unexplained material possessions such as expensive clothing, jewelry, money, etc.;
     (g) The presence of firearms, ammunition, or other deadly weapons;
     (h) Change in attitude about school, church, or other normal activities;
     (i) Discipline problems at school, church, or other attended functions;
     (j) Lower grades at school or skipping school;
     (k) Change in behavior at home-increase in confrontational behavior, such as talking back, verbal abuse, name calling, and a disrespect for parental authority;
     (l) A new fear of or contempt for police;
     (m) Phone threats to the family from rival gangs, or unknown callers, directed against your child;
     (n) Photographs of your child and others displaying gang hand signs, weapons, cash, drugs, or gang-type clothing;
     (o) Graffiti on or around your residence, especially in a child's room such as on walls, furniture, clothing, notebooks, etc., which may include drawings and "doodling" of gang-related figures, themes of violence, or gang symbolisms;
     (p) Physical signs of being in a fight, such as bruises and cuts and secrecy on the child's part as to how they were received;
     (q) A new found sense of bravery-brags that he/she are too tough to be "messed" with;
     (r) Use of a new nickname;
     (s) A newfound sympathy or defending of gang activity by your child; and
     (t) Tattoos or "branding" with gang-related symbols.

NEW SECTION.  Sec. 11   An anticriminal gang task force is created for the purpose of evaluating the problem of gang-related crime in Washington state.
     (1) The task force shall evaluate and make recommendations regarding the following:
     (a) Additional legislative measures needed to combat gang-related crime;
     (b) The creation and operation of a statewide gang information database;
     (c) Recommended reforms to the juvenile justice system for gang-related juvenile offenses;
     (d) Recommended best practices for preventing gang membership; and
     (e) The adoption of a California-style civil antigang injunction.
     (2) The task force shall consist of the following members:
     (a) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;
     (b) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
     (c) Two members representing the attorney general's policy office, and/or the criminal justice division, appointed by the attorney general;
     (d) Two members representing the governor's policy office, and/or the governor's council on juvenile justice, appointed by the governor;
     (e) Two members appointed by the Washington association of prosecuting attorneys;
     (f) Two members appointed by the Washington association of sheriffs and police chiefs;
     (g) One member appointed by the Washington association of criminal defense lawyers;
     (h) One member appointed by the superior court judges' association;
     (i) One member appointed by the district and municipal court judges association;
     (j) One member appointed by the association of Washington cities;
     (k) One member appointed by the Washington state association of counties;
     (l) Two members appointed by the secretary of the department of corrections;
     (m) One civilian who has been a victim of criminal gang violence, appointed by the task force members designated in (a) through (l) of this subsection;
     (n) One civilian who has been a victim of school criminal gang violence, appointed by the task force members designated in (a) through (l) of this subsection.
     (3) The task force shall choose its chair from among its members.
     (4) The task force may conduct meetings, select officers, and prescribe rules of procedure. The task force shall cooperate, act, and function with legislative committees and executive agencies as necessary to complete its business.
     (5) The task force may contract with additional persons who have specific technical or statistical expertise in criminal gang prevention, if such expertise is necessary to carry out the mandates of the task force.
     (6) Legislative members of the task force shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
     (7) The task force shall report its findings and recommendations to the attorney general, governor, and appropriate committees of the legislature by January 1, 2008.
     (8) This section expires July 1, 2008.

NEW SECTION. Sec. 12 (1) The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2007, from the state general fund to the attorney general for the purposes of providing staffing and support to the anticriminal gang task force.
(2) The sum of one hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2008, from the state general fund to the attorney general for the purposes of providing staffing and support to the anticriminal gang task force.

NEW SECTION. Sec. 13 The sum of . . . . . ., or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2007, from the state general fund to the superintendent of public instruction for the purposes of creating and distributing "Gang Indicators" brochures under section 10 of this act.

NEW SECTION. Sec. 14 Sections 10 through 13 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.

		OPTION A JUVENILE OFFENDER SENTENCING GRID STANDARD RANGE
	A+	180 WEEKS TO AGE 21 YEARS

	A	103 WEEKS TO 129 WEEKS

	A-	15-36		52-65	80-100	103-129
		WEEKS		WEEKS	WEEKS	WEEKS
		EXCEPT
		30-40
		WEEKS FOR
		15-17
		YEAR OLDS

Current	B+	15-36			52-65	80-100	103-129
Offense		WEEKS			WEEKS	WEEKS	WEEKS
Category
	B	LOCAL					52-65
		SANCTIONS (LS)			15-36 WEEKS		WEEKS

	C+	LS
						15-36 WEEKS

	C	LS					15-36 WEEKS
			Local Sanctions:
			0 to 30 Days
	D+	LS	0 to 12 Months Community Supervision
			0 to 150 Hours Community Restitution
	D	LS	$0 to $500 Fine

	E	LS

		0	1		2	3	4 or more
PRIOR ADJUDICATIONS