10.04.130 Repeat offender sentence enhancement.
A. At any time prior to trial, the prosecuting attorney may give notice that the city is seeking a repeat offender sentence enhancement upon conviction of any violation of EMC 10.16.010, 10.23.010, 10.35.120, 10.37.010, 10.56.030, 10.66.040, 10.68.030, 10.68.040, or 10.68.060, when, within the two years preceding the conviction, the defendant had, within Snohomish County, Washington, two or more prior offenses.
B. Upon conviction for any of the crimes identified in subsection (A) of this section charged on or after the effective date of this section for which the city has provided notice that it is seeking a repeat offender sentence enhancement, the municipal court shall impose a sentence of no less than thirty days in jail.
C. A “prior offense” in this section means any of the following:
1. A conviction, including a deferred sentence, for a violation of EMC 10.16.010 or an equivalent state law, county ordinance, or city ordinance;
2. A conviction, including a deferred sentence, for a violation of EMC 10.23.010 or an equivalent state law, county ordinance, or city ordinance;
3. A conviction, including a deferred sentence, for a violation of EMC 10.35.120 or an equivalent state law, county ordinance, or city ordinance;
4. A conviction, including a deferred sentence, for a violation of EMC 10.37.010 or an equivalent state law, county ordinance, or city ordinance;
5. A conviction, including a deferred sentence, for a violation of EMC 10.56.030 or an equivalent state law, county ordinance, or city ordinance;
6. A conviction, including a deferred sentence, for a violation of EMC 10.66.040 or an equivalent state law, county ordinance, or city ordinance;
7. A conviction, including a deferred sentence, for a violation of EMC 10.68.030 or an equivalent state law, county ordinance, or city ordinance;
8. A conviction, including a deferred sentence, for a violation of EMC 10.68.040 or an equivalent state law, county ordinance, or city ordinance; or
9. A conviction, including a deferred sentence, for a violation of EMC 10.68.060 or an equivalent state law, county ordinance, or city ordinance;
provided, that where more than one prior offense is committed on the same date, such multiple prior offenses shall be treated as one offense for the purpose of this section.
D. The prior offenses supporting a repeat offender sentence enhancement shall be proved by preponderance of the evidence by verification by the court and/or city of the offender’s criminal history as reported through the judicial information system or otherwise available to the court or prosecutor, current to within five court days prior to sentence imposition.
E. A defendant who otherwise would be subject to a sentence under subsection (B) of this section and who diverts through the municipal court’s mental health alternatives (MAP) program or therapeutic services court (TSC) or similar is subject to a sentence under subsection (B) of this section if he or she opts out of the program or fails to complete the program. (Ord. 3996-23 § 1, 2023.)