Benton brings back bill to fix loophole in state's "Three Strikes" law

Bill could have saved Chelsea Harrison's life if it had been law in 1999

January 22, 2007

OLYMPIA…Sen. Don Benton, R-Vancouver, has filed a bill in response to the Chelsea Harrison case to make sure dangerous felons, like Chelsea’s killer, who have been sentenced to life in prison under the state’s “Three Strikes” law don’t get out on appeal because one of their crimes was committed in another state. 

 “I think everyone in our area knows about the Chelsea Harrison tragedy,” Benton said. “This child would still be alive today if a bill I first introduced last year had been law back in 1999. Her killer, Roy Wayne Russell, was convicted and sentenced to life in prison under Washington’s ‘Three Strikes You’re Out’ law, but got out on appeal because one of his ‘Three Strikes’ crimes was committed in Arizona.” 

Benton’s proposal, Senate Bill 5502, counts any out-of-state conviction for a felony offense that resulted in a sentence of 10 years or more as a strike under the state’s “Three Strikes You’re Out” law.  

Benton introduced this bill in 2006, but after it failed to get a hearing, Benton held his own hearing on the Senate floor.  

“I told my colleagues that because of a loophole, a tiny word difference in our ‘Three Strikes’ law, a three-time felony offender got out of jail and murdered a young girl,” Benton said.

After his comments, several senators from both political parties came to him and said he had a valid issue and committed to helping pass the bill during the 2007 session. 

This year’s measure has bipartisan sponsorship. Benton said he asked all senators to sign the sponsor sheet when the bill was read into the record. 

SB 5502 is designated to be known and cited as the Chelsea Harrison Act. The measure has been referred to the Senate Judiciary Committee. 

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 Additional contact Penny Drost at (360) 786-7522
or
penny.drost@leg.wa.gov