Other LanguagesProposed Legislation: Intent
The intent section of any legislation should continue the theme from the Domestic Violence Prevention Act that states victims of DV will receive "the maximum protection from abuse which the law and those who enforce the law can provide." (RCW 10.99). This section should recognize that sentences for repeat domestic violence felons should not be equal to non-domestic violence crimes, but reflect the seriousness, recidivism, and lethality that underlie such crimes.
Constitutional protections’, preventing later equal protection challenges, is a critical part. This section should clarify that recidivist felony domestic violence sentences are intended to be consistent with other recidivist sentencing schemes. This is taking the language of 10.99 about equality with non-domestic violence crimes a step further, calling for equality in recidivist sentencing.
Finally, it should express the intent that the State deal strongly with repeat felony DV offenders who engage in a pattern of serial “domestic violence” and make offenses involving greater harm to DV victims and society result in greater punishment.
The following intent language should be included in the definition of "domestic violence" within RCW 9.94A.030 (Sentencing Reform Act definitions):
The legislature recognizes the substantial and great impact upon society, families, children and the victims of offenses committed within a domestic relationship. The legislature recognizes the continuing nature of domestic violence, and the lasting psychological trauma caused by such violence. The legislature finds that the prevention of domestic violence, and the proper punishment for such offenses, is a compelling state interest that is not met under current sentencing provisions. Towards this end, this legislation is necessary to ensure that domestic violence offenders are punished accordingly, and an end to domestic violence can be achieved.