H-3559.1 _______________________________________________
HOUSE BILL 2679
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State of Washington 53rd Legislature 1994 Regular Session
By Representatives Morris, Long, Springer, Chappell, Campbell, Johanson, Brough, Moak, Fuhrman, Padden, Mielke, Cooke and Van Luven
Read first time 01/19/94. Referred to Committee on Judiciary.
AN ACT Relating to stay of judgment; and amending RCW 9.95.062.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.95.062 and 1989 c 276 s 1 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section and notwithstanding CrR 3.2 or RAP 7.2, an appeal by a defendant in a criminal action shall not stay the execution of the judgment of conviction, if the court determines by a preponderance of the evidence that:
(a) The defendant is likely to flee or to pose a danger to the safety of any other person or the community if the judgment is stayed; or
(b) The delay resulting from the stay will unduly diminish the deterrent effect of the punishment; or
(c) A stay of the judgment will cause unreasonable trauma to the victims of the crime or their families; or
(d) The defendant has not undertaken to the extent of the defendant's financial ability to pay the financial obligations under the judgment or has not posted an adequate performance bond to assure payment.
(2) An appeal by a defendant convicted of a serious violent or sex offense as defined in RCW 9.94A.030 shall not stay execution of the judgment of conviction.
(3) In case the defendant has been convicted of a felony, and has been unable to obtain release pending the appeal by posting an appeal bond, cash, adequate security, release on personal recognizance, or any other conditions imposed by the court, the time the defendant has been imprisoned pending the appeal shall be deducted from the term for which the defendant was sentenced, if the judgment is affirmed.
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