SB 5133 Washington Senate · 2025-2026 Regular Session

Concerning departures from the guidelines for caregiver status.

SB 5133 amends Washington State's sentencing guidelines (RCW 9.94A.535) to allow courts to consider a defendant's primary caregiver status as a mitigating factor for imposing a lower sentence, provided there are no disqualifying factors like abuse findings, restraining orders, or prior convictions involving the person they care for. It directly affects defendants who are parents, legal guardians, or caregivers for family members (including elders or grandchildren) without certain legal barriers. The key provision adds caregiver status to the list of specific circumstances courts must evaluate when determining if an exceptional sentence below the standard range is justified. This change aims to address cases where caregiving responsibilities significantly impact a defendant's conduct or circumstances.

Issues: ✓ Criminal Justice

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Floor Vote

Governor

Introduced Jan 12, 2026 Last action Jan 12, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Bill → Substitute Bill · 5 edits

MODERATE

This bill updates the criteria for granting 'caregiver status' as a mitigating factor in sentencing. Previously, defendants could claim this status simply by being a parent or guardian of a minor. Now, the law adds specific exclusions to prevent abuse, denying the status if there are substantiated findings of child abuse, active restraining orders, or if the defendant was convicted of harming the person they claim to care for.

Scope change

The scope of the 'caregiver status' defense was narrowed to exclude defendants who have a history of abusing the family members they claim to protect.

ELIGIBILITY

The eligibility for caregiver status as a sentencing mitigation factor was modified to include new exclusions.

Defendants are now barred from claiming caregiver status if there is a substantiated finding of abuse or neglect by the Department of Children, Youth, and Families or a tribal agency.

Defendants are barred from claiming caregiver status if a court has issued an active restraining order against them regarding the person they claim to care for.

Defendants are barred from claiming caregiver status if they were previously convicted of a crime where the person they claim to care for was the victim.

Defendants are barred from claiming caregiver status if their prior conviction involved an offense that occurred within sight or sound of the victim's minor children.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Jan 12, 2026

Committee

Rules Committee relieved of further consideration. On motion, referred to Law & Justice.

upper

Jan 12, 2026

Introduced

By resolution, reintroduced and retained in present status.

upper

Jan 23, 2025

Upper · Passed

Minority; without recommendation.

upper

Jan 23, 2025

Upper · Passed

Minority; do not pass.

upper

Jan 23, 2025

Upper · Passed

Executive action taken in the Senate Committee on Law & Justice at 10:30 AM.

upper

Jan 16, 2025

Upper · Passed

Public hearing in the Senate Committee on Law & Justice at 10:30 AM.

upper

1 primary · 4 co-sponsors