SB 6203
In CommitteeSenate
Out-of-state convictions
Concerning out-of-state convictions.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill clarifies that Washington courts must include out-of-state and federal convictions—and in some cases, foreign convictions—in calculating a person’s criminal history score when sentencing them. It responds to a recent Washington Supreme Court decision by explicitly requiring courts to treat out-of-state crimes as if they were Washington crimes of similar severity, and to count them even if they were not included in past sentencing decisions.
- Clarifies that out-of-state and federal convictions must be included in calculating an offender’s criminal history score, unless they would have been treated as juvenile offenses in Washington (and are not murder or class A felony sex offenses).
- Requires out-of-state convictions to be classified based on the closest comparable Washington offense, with federal convictions treated similarly.
- Allows foreign (non-U.S.) convictions to be included only if obtained with sufficient due process safeguards, and classifies them by comparable Washington law.
- States that convictions not previously counted (e.g., under older laws or court interpretations) must now be included if current law requires them—reversing prior exclusions.
- Maintains existing time-based rules for excluding older convictions (e.g., 10 years for class B felonies, 5 years for class C felonies), but clarifies these apply to out-of-state convictions too.
Who is affected
- Individuals with out-of-state or foreign convictions — People with prior convictions from other states or countries who are being sentenced in Washington; their out-of-state convictions may now be included in their offender score if they match Washington offenses.
- People facing sentencing in Washington — People facing sentencing in Washington who have prior convictions that were previously excluded under older rules or legal interpretations—these convictions may now be counted under the updated law.
- Washington courts and sentencing judges — Courts and judges who calculate offender scores—must now apply the clarified rules for including out-of-state and federal convictions.
- People convicted of serious traffic or domestic violence offenses — People convicted of serious traffic offenses (like repeat DUI) or domestic violence—these groups face stricter scoring rules for prior convictions under the new law.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Promotes consistency in sentencing by requiring courts to include out-of-state and federal convictions that are comparable to Washington offenses, reducing potential for sentencing disparities based on geography.
Public SafetyRef: Sec. 2(3)Enhances public safety by ensuring prior criminal conduct—regardless of where it occurred—is considered in sentencing, aligning with the legislature’s intent to close a perceived loophole created by State v. Lewis.
Public SafetyRef: Sec. 2(3)Includes due process safeguards for foreign convictions, limiting their use to cases where fundamental fairness and due process were observed, protecting against arbitrary or unjust scoring.
Public SafetyRef: Sec. 2(3)Clarifies that time-based exclusion rules (e.g., 10-year washout for class B felonies) apply equally to out-of-state convictions, promoting fairness and predictability.
Public SafetyRef: Sec. 2(3)Reverses prior exclusions of convictions that were previously overlooked due to legal ambiguity, ensuring offender scores reflect full criminal history as intended by the Sentencing Reform Act.
Public SafetyRef: Sec. 2(3)
Potential Concerns (5)
Increases offender scores for individuals with out-of-state or federal convictions, potentially leading to longer prison sentences and reduced parole eligibility for those with prior convictions from other jurisdictions.
Public SafetyRef: Sec. 2(3)May result in inconsistent application across counties as judges interpret comparability of out-of-state offenses differently, potentially leading to sentencing disparities.
Public SafetyRef: Sec. 2(3)Could increase prison populations and associated costs if courts broadly include out-of-state convictions, though fiscal impact is projected to be minimal.
Public SafetyRef: Sec. 2(3)May disproportionately impact people who moved to Washington after serving sentences elsewhere, as their past conduct becomes subject to Washington’s stricter scoring rules.
Public SafetyRef: Sec. 2(3)Does not distinguish between serious and minor offenses—e.g., a 10-year-old class C felony conviction in another state (e.g., petty theft) may now be counted, increasing sentence severity without evidence of recidivism risk.
Public SafetyRef: Sec. 2(3)
Who Is Most Affected
Individuals with prior out-of-state convictions face higher offender scores and potentially longer sentences, especially if their prior offense closely matches a Washington felony. This may extend incarceration or limit early release options, even if the prior conviction is old or minor.
People facing sentencing in Washington may receive longer sentences than they would have under prior interpretations, particularly if they have older out-of-state convictions that were previously excluded. However, those with clean records post-conviction still benefit from time-based washout rules.
Courts gain clearer guidance on how to classify and score out-of-state and federal convictions, reducing ambiguity and potential appeals—but may face increased administrative burden in researching and comparing foreign statutes to Washington law.
People convicted of serious traffic offenses (e.g., repeat DUI) or domestic violence already face enhanced scoring under existing law; this bill reinforces that out-of-state convictions in those categories must be included, increasing sentence severity for repeat offenders with multi-jurisdictional histories.
The bill’s fiscal impact is projected to be minimal, but if courts broadly apply the new rules, it could modestly increase prison populations and associated costs over time—though not enough to significantly strain the state budget.