SENATE BILL REPORT

EHB 2714

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

Concerning execution dates.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):February 15, 1990; February 21, 1990

Majority Report:  Do pass.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Newhouse, Niemi, Patrick, Rasmussen, Thorsness.

Senate Staff:Jon Carlson (786-7459)

                  February 21, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 21, 1990

BACKGROUND:

The Washington Supreme Court performs a sentence review and hears appeals of 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 issuing 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 which triggers issuance of a new death warrant when the 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."  It is an order terminating/vacating the stay of execution, rather than a remand from the Washington Supreme Court, which indicates 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.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Ed Mackie, Washington State Judicial Council (pro); Kathryn Ross, Washington Association of Criminal Defense Lawyers (con)