FINAL BILL REPORT

HB 2714

                                  C 263 L 90

BYRepresentatives Padden, Appelwick, Fuhrman, Bowman, Kremen, Wolfe, Moyer, Horn, Tate and Miller

Concerning execution dates.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

The Washington Supreme Court performs a sentence review and hears appeals of criminal cases in which a death sentence has been imposed. If the court affirms the death sentence, the case is remanded to the trial court for issuance of a death warrant by the clerk of the court.  The death warrant is directed to the superintendent of the state penitentiary and specifies the execution date.  The specified execution date must be 30 to 90 days from the date the trial court receives the remand from the Washington Supreme Court.

If the appointed execution date passes without the execution taking place, the trial court that issued the death warrant is directed to issue another death warrant.  The new death warrant is issued pursuant to the procedure followed in issuing the original death warrant.

Statutory ambiguity exists regarding the event that triggers issuance of a new death warrant when an execution has been stayed. The statute provides that a new execution date must be set 30 to 90 days from the date the trial court receives a "remand from the Supreme Court of Washington."  An order terminating/vacating the stay of execution, rather than a remand from the Washington Supreme Court, may indicate that a new death warrant should be issued.

SUMMARY:

If an execution is stayed by any court of competent jurisdiction, the new execution date is automatically reset for 30 judicial days following entry of an order terminating the stay of execution.

VOTES ON FINAL PASSAGE:

      House 83  14

      Senate    39     7

EFFECTIVE:June 7, 1990