SENATE BILL REPORT

                                    SB 5048

                            AS OF FEBRUARY 11, 1991

Brief Description:  Including controlled substance violations in aggravated murder.

SPONSORS:Senators Madsen, Rasmussen, Sutherland, A. Smith and Conner.

SENATE COMMITTEE ON LAW & JUSTICE

Staff:  Jon Carlson (786‑7459)

Hearing Dates:February 14, 1991

BACKGROUND:

The death penalty may be imposed if a person is found guilty of aggravated first degree murder.  A person is guilty of aggravated first degree murder if her or she commits first degree murder and one or more of the enumerated aggravating circumstances exist.

One set of aggravating circumstances includes murder committed in the course of, or furtherance of, or in immediate flight from robbery in the first or second degree, rape in the first or second degree, burglary in the first or second degree, kidnapping in the first degree, or arson in the first degree.

SUMMARY:

The death penalty may be imposed for a first degree murder committed during the commission of certain serious drug offenses.  The offenses involve the manufacturing, delivery or possession with the intent to manufacture or deliver a Schedule I or II controlled substance or counterfeit substance which is a narcotic drug. 

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested