Senate unanimously approves Benton's fix to state's "Three Strikes" law


Chelsea Harrison Act passes as only substantive part of a study bill on most serious offenses

March 9, 2007

OLYMPIA…A change to the state’s “Three Strikes You’re Out” law that would have saved the life of a young girl had it been in place in1999, was approved unanimously by the Senate today. 

The bill, Substitute Senate Bill 5964, is essentially a study of the most serious offenses that are subject to the state’s “Three Strikes You’re Out” law. 

Benton, although not on the Senate Judiciary Committee, worked to get his original bill, Senate Bill 5502 (the Chelsea Harrison Act) amended onto SB 5964 as part of the substitute before it moved out of committee. 

“Sometimes, you just have to be persistent and creative,” Benton said. “I was not given a hearing on my bill, this year or last, so I revised my strategy.” 

Last year, after not getting a hearing on his Chelsea Harrison Act, Benton held his own hearing on the Senate floor during debate on another bill as he offered his bill as an amendment. 

“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.

 The vehicle for Benton’s Chelsea Harrison Act started out as an effort to remove certain crimes from the “Three Strikes” law and would have been applied retroactively. The substitute that came out of committee sent the issue to a task force to study.

 The only substantive part left in the substitute bill is Benton’s amendment adding to the list of qualifying crimes under the “Three Strikes” law: any out-of-state conviction for a felony offense with a finding of sexual motivation if the minimum sentence imposed was ten years or more

“The various states define the same crimes in different ways,” Benton said. “Using the 10-year minimum sentence criteria ensures the crime doesn’t have to be named the same as it is under Washington’s ‘Three Strikes’ law.”

SSB 5964 is now before the House of Representatives for consideration. 

-30-

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