Chapters 9.94A and 9.94B RCW
Sentencing Reform Act of 1981
Applicable to Crimes Committed From June 15, 2011 - July 21, 2011
Special allegation – Unlawful possession of firearm by criminal street gang member or associate.
In a criminal case where:in which the defendant has been convicted of unlawful possession of a firearm under RCW 9.41.040; and there has been a special allegation pleaded and proved by a preponderance of the evidence that the accused is a criminal street gang member or associate as defined in RCW 9.94A.030, the court shall make a finding of fact of the special allegation, or if a jury trial is had, the jury shall, if if finds the defendant guilty, also find a special verdict as to whether or not the accused was a criminal street gang member or associate during the commission of the crime.
[2009 c 28 § 16]