BILL REQ. #:  S-0197.1 

Read first time 01/27/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to appeals by the state or local governments in criminal cases; and adding a new section to chapter 10.73 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 10.73 RCW to read as follows:
     Except as provided in Rules of Appellate Procedure 2.2 (c), the state or a local government may appeal in a criminal case only from the following superior court decisions and only if the appeal will not place the defendant in double jeopardy:
     (1) Final decision except not guilty. A decision which in effect abates, discontinues, or determines the case other than by a judgment or verdict of not guilty, including but not limited to a decision setting aside, quashing, or dismissing an indictment or information;
     (2) Pretrial order suppressing evidence. A pretrial order suppressing evidence, if the trial court expressly finds that the practical effect of the order is to terminate the case;
     (3) Arrest or vacation of judgment. An order arresting or vacating a judgment;
     (4) New trial. An order granting a new trial;
     (5) Disposition in juvenile offense proceeding. (a) A disposition in a juvenile offense proceeding which is below the standard range of disposition for the offense or which the state or local government believes involves a miscalculation of the standard range; (b) a disposition that fails to impose mandatory legal financial obligations; or (c) a disposition that fails to impose statutorily required conditions of sentence;
     (6) Sentence in criminal case. (a) A sentence in a criminal case which is outside the standard range for the offense or which the state or local government believes involves a miscalculation of the standard range; (b) a sentence that fails to impose mandatory legal financial obligations; (c) a sentence for which the offender's eligibility is at issue; or (d) a disposition that fails to impose statutorily required conditions of sentence.