SB 5945 Washington Senate · 2025-2026 Regular Session

Modifying the definition of persistent offender to exclude convictions for offenses committed by someone under the age of 18 and providing for resentencing.

SB 5945 modifies Washington's "persistent offender" definition to exclude convictions for crimes committed before age 18, directly affecting individuals sentenced as adults for juvenile offenses. The bill requires courts to consider resentencing these individuals to align with current constitutional standards established by U.S. Supreme Court rulings (Miller v. Alabama) and Washington state court decisions (State v. Bassett). Key provisions amend sentencing laws to ensure juvenile offenses no longer count toward "persistent offender" status, reflecting scientific understanding that youth have greater potential for rehabilitation. This change applies to people currently incarcerated for such cases, correcting a legal inconsistency where juvenile offenses were still used to impose harsh sentences despite court rulings.
Bill status in committee 1 of 4 stages cleared
Introduction
Dec 2025
Committee Review
Floor Vote
Governor
Introduced Dec 29, 2025 Last action Jan 29, 2026
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What changed between versions

Bill Substitute Bill · 4 edits
MODERATE
This bill modifies the definition of a 'persistent offender' to exclude crimes committed by individuals under the age of 18, aligning the law with recent rulings that juvenile life sentences are unconstitutional. It mandates resentencing hearings for those whose persistent offender status relied on juvenile convictions and requires prosecutors to notify victims of these proceedings. The changes aim to correct past sentencing errors for youth while ensuring victims remain informed.
Scope change
The bill now applies to individuals currently incarcerated as persistent offenders, regardless of when their original crimes were committed, specifically targeting those whose status was based on offenses committed while under 18.
ELIGIBILITY

The definition of a 'persistent offender' was changed to exclude convictions for offenses committed when the person was under 18 years old.

REQUIREMENT

New requirements were added to grant immediate resentencing hearings for anyone whose persistent offender status was based on a juvenile conviction.

Prosecutors are now required to notify victims and survivors of resentencing motions and provide them access to victim advocates.

EXEMPTIONS

The resentencing relief does not apply to individuals convicted of murder in the first or second degree, or any sex offense considered a most serious offense, regardless of age.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
10
Key actions
5
Committee
7
Jan 29, 2026
Upper · Passed
Public hearing in the Senate Committee on Ways & Means at 4:00 PM.
upper
Jan 22, 2026
Committee
Referred to Ways & Means.
upper
Jan 21, 2026
Upper · Passed
Minority; do not pass.
upper
Jan 21, 2026
Committee
And refer to Ways & Means.
upper
Jan 21, 2026
Upper · Passed
Executive action taken in the Senate Committee on Human Services at 8:00 AM.
upper
Jan 20, 2026
Upper · Passed
Executive session scheduled, but no action was taken in the Senate Committee on Human Services at 1:30 PM.
upper
Jan 13, 2026
Upper · Passed
Public hearing in the Senate Committee on Human Services at 1:30 PM.
upper
1 primary · 2 co-sponsors

Sponsors