To modify provisions related to extraordinary sentences. The bill would allow in certain cases with extraordinary sentences, and where a new trial or new sentencing hearing is required, a superior court would have the authority to instruct a jury to consider any alleged aggravating circumstances, relied upon when the previous sentence was issued. See companion SB 6004.   Official Text and Analysis.

To allow the superior court to impanel a jury in any new trial or new sentencing hearing, instead of only cases where an exceptional sentence above the standard range was imposed prior to April 15, 2005. Allows an impaneled jury to consider any aggravating circumstances alleged by the state and listed in RCW 9.94A.535(3) (a) through (y), instead of only the aggravating circumstances relied upon by the sentencing court in imposing the previous sentence. Adds an emergency clause.

To provide that when a new sentencing hearing is required in a case where an exceptional sentence was imposed, the superior court may impanel a jury to consider any alleged aggravating circumstances listed in RCW 9.94A.535(3) that were relied upon by the superior court in imposing the previous sentence.

To amend the definition of "most serious offense" for purposes of the "Three-Strikes" law to include any out-of-state conviction for a felony offense with a finding of sexual motivation if the minimum sentence imposed was ten years or more.

To create a task force to evaluate the inclusion of assault in the second degree and robbery in the second degree within the list of crimes considered most serious offenses and whether these crimes should continue to be classified as most serious offenses for purposes of the "Three-Strikes" law.