Benton revives Chelsea Harrison Act
Fix to state's "Three Strikes" law amended to exceptional sentencing bill

April 10, 2007

OLYMPIA…For the second time this session, Sen. Don Benton, R-Vancouver, has given new life to his fix to the state’s “Three Strikes” law on behalf of a young girl who died because of a loophole in the law. 

“I don’t accept ‘no’ until the session is over,” Benton said.  

When the House Public Safety and Emergency Preparedness Committee chair refused to take action on Substitute Senate Bill 5964, which contained the Chelsea Harrison Act, Benton looked around for another bill to use as the vehicle.  

“I found it in House Bill 2070. It turns out the committee chair who wouldn’t move my bill is the prime sponsor of House Bill 2070, which passed the House unanimously on March 8.”  

EHB 2070 grants the superior court the authority to empanel a jury in new trials and sentencing hearings for purposes of imposing exceptional sentences above the standard range. 

Benton’s bill this year to create the Chelsea Harrison Act, Senate Bill 5502, died in the Senate Judiciary Committee. Although not on that committee, Benton was able to get his bill amended onto Senate Bill 5964, which passed the Senate unanimously.  

SSB 5964 created a study of the most serious offenses that are subject to the state’s “Three Strikes You’re Out” law. 

“The 1999 murder of Chelsea Harrison in Clark County is truly a tragedy,” Benton said. “This child would still be alive today if my bill had been law in 1999. Her killer, Roy Wayne Russell, was convicted and sentenced to life in prison, but got out on appeal because one of his ‘Three Strikes’ crimes was committed in Arizona.” 

Benton’s amendment to SB 2070 adds 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 10 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.” 

EHB 2070 was unanimously approved by the Senate and now goes back to the House for consideration of the Senate amendments – the Chelsea Harrison Act and the study of most serious offenses from SSB 5964. 

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