H-1834              _______________________________________________

                                                   HOUSE BILL NO. 1149

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Wineberry, Allen, Wang, Brekke, Cole and Lux

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to the death penalty; and amending RCW 10.95.030.

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

        Sec. 1.  Section 3, chapter 138, Laws of 1981 and RCW 10.95.030 are each amended to read as follows:

          (1) Except as provided in subsection (2) of this section, any person convicted of the crime of aggravated first degree murder shall be sentenced to life imprisonment without possibility of release or parole.  A person sentenced to life imprisonment under this section shall not have that sentence suspended, deferred, or commuted by any judicial officer and the board of prison terms and paroles or its successor may not parole such prisoner nor reduce the period of confinement in any manner whatsoever including but not limited to any sort of good-time calculation.  The department of social and health services or its successor or any executive official may not permit such prisoner to participate in any sort of release or furlough program.

          (2) If, pursuant to a special sentencing proceeding held under RCW 10.95.050, the trier of fact finds that there are not sufficient mitigating circumstances to merit leniency, the sentence shall be death.  However, the sentence of death shall not be imposed on a person who was under the age of eighteen years at the time of the offense.