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 HB 2070.   Official Text and Analysis.

To require only the aggravating circumstances relied upon by a superior court and listed in RCW 9.94A.535(3) for imposition of an exceptional sentence above the standard range are allowed to be considered by a jury impaneled by the superior court in situations where a new trial or new sentencing hearing is required.