_______________________________________________
SUBSTITUTE
HOUSE BILL 1912
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AS
AMENDED BY THE SENATE
Passed
Legislature - 1993 Regular Session
State of Washington 53rd
Legislature 1993 Regular Session
By
Read
first time 03/03/93.
Establishing guidelines for allowing witnesses at an execution.
AN ACT Relating to the department of
corrections establishing guidelines for allowing witnesses at an execution;
adding a new section to chapter 10.95 RCW; and creating a new section.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1.
The legislature declares that, to the extent that the attendance of witnesses
can be accommodated without compromising the security or the orderly operation
of the Washington state penitentiary, it is the policy of the state of
Washington to provide authorized individuals the opportunity to attend and
witness the execution of an individual sentenced to death pursuant to chapter
10.95 RCW. Further, it is the policy of the state of Washington to provide for
access to the execution to credentialed members of the media.
NEW SECTION. Sec. 2. A
new section is added to chapter 10.95 RCW to read as follows:
(1) Not less than twenty days prior to a
scheduled execution, judicial officers, media representatives, representatives
from the families of the victims, and representatives from the family of the
defendant who wish to attend and witness the execution, must submit an application
to the superintendent. Such application must designate the relationship and
reason for wishing to attend.
(2) Not less than fifteen days prior to the
scheduled execution, the superintendent shall designate the total number of
individuals who will be allowed to attend and witness the planned execution.
The superintendent shall determine the number of witnesses that will be allowed
in each of the following categories:
(a) Media representatives.
(b) Judicial officers.
(c) Representatives from the families of
victims.
(d) Representatives from the family of the
defendant.
After the list is composed, the superintendent shall
serve this list on all parties who have submitted an application pursuant to
this section. The superintendent shall develop and implement procedures to
determine the persons within each of the categories listed in this subsection
who will be allowed to attend and witness the execution.
(3) Not less than ten days prior to the
scheduled execution, the superintendent shall file the witness list with the
superior court from which the conviction and death warrant was issued with a
petition asking that the court enter an order certifying this list as a final
order identifying the witnesses to attend the execution. The final order of
the court certifying the witness list shall not be entered less than five days
after the filing of the petition.
(4) Unless a show cause petition is filed with
the superior court from which the conviction and death warrant was issued
within five days of the filing of the superintendent's petition, the
superintendent's list, by order of the superior court, becomes final, and no
other party has standing to challenge its appropriateness.
(5) In no case may the superintendent or the
superior court order or allow more than seventeen individuals other than
required staff to witness a planned execution.
(6) All witnesses must adhere to the search and
security provisions of the department of corrections' policy regarding the
witnessing of an execution.
(7) The superior court from which the
conviction and death warrant was issued is the exclusive court for seeking
judicial process for the privilege of attending and witnessing an execution.
(8) For purposes of this section:
(a) "Judicial officer" means: (i) The
superior court judge who signed the death warrant issued pursuant to RCW
10.95.160 for the execution of the individual, (ii) the current prosecuting
attorney of the county from which the final judgment and sentence and death
warrant were issued, and (iii) the most recent attorney of record representing
the individual sentenced to death.
(b) "Media representatives" means
representative members of all forms of media.
(c) "Representative from the family of the
victim" means a representative from the immediate family of a victim of
the individual sentenced to death.
(d) "Representative from the family of the
defendant" means a representative from the immediate family of the
individual sentenced to death.
(e) "Superintendent" means the
superintendent of the Washington state penitentiary.
NEW SECTION. Sec. 3. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
