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2005 Senate Bill 5476: Creating advisory sentence ranges
Introduced by Sen. Adam Kline (Seattle) (D) on January 26, 2005
To declare an intent to restore the ability to impose an aggravated sentence lost by the superior court as a result of the decision of the United States supreme court in Blakely v. State of Washington. For offenders convicted of an aggravated offense or for aggravated offenders, the standard sentencing range shall be advisory only. Notwithstanding any other provision of law, the maximum sentence that a court may impose for an aggravated offense or upon an aggravated offender is the maximum sentence for the current offense. A trial court may impose an aggravated exceptional sentence without a finding of fact by a jury under specific circumstances listed within the bill.   Official Text and Analysis.
Referred to the Senate Judiciary Committee on January 26, 2005
Substitute offered to the Senate Judiciary Committee on February 25, 2005
To remove the language that provided a procedural fix for the Blakely issue. Instead, judges are given discretion to sentence violent offenders to twice that indicated by the advisory sentence range or the statutory maximum for the offense, whichever is less. The upper limit of the standard sentencing range is advisory, but the minimum limit indicated by the standard sentencing range is the mandatory minimum absent a finding of mitigating circumstances.
Referred to the Senate Ways & Means Committee on February 28, 2005