HOUSE BILL REPORT

                 SHB 1276

                      As Passed House:

                      February 22, 1995

Title:  An act relating to execution witnesses.

Brief Description:  Specifying who may be an execution witness.

Sponsors:  By House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Costa, Mastin, Scott and Morris).

Brief History:

  Committee Activity:

Corrections:  2/7/95, 2/15/95 [DPS].

  Floor Activity:

     Passed House:  2/22/95, 97-0.

HOUSE COMMITTEE ON CORRECTIONS

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 10 members:  Representatives Ballasiotes, Chairman; Blanton, Vice Chairman; Sherstad, Vice Chairman; Quall, Ranking Minority Member; Tokuda, Assistant Ranking Minority Member; Cole; Dickerson; Koster; Radcliff and Schoesler.

Staff:  Rick Neidhardt (786-7841).

Background:   The execution of an inmate under a death sentence is carried out at the state penitentiary in Walla Walla.  The execution may be witnessed by a number of different groups:

!various judicial officers;

!media representatives;

!representatives from the families of the victims; and

!representatives from the inmate's family.

Current law sets out the procedure for determining which individuals from these eligible groups will be allowed to witness the execution.  An eligible person may apply for permission to be a witness.  The superintendent of the penitentiary reviews the applications and decides which individuals may attend.  The superintendent's decision may be challenged through a court action.

The superintendent may allow no more than 17 witnesses to the execution, excluding the staff necessary to carry out the execution.  Current law does not limit the number of media representatives who may attend an inmate execution.

Current law requires that a victim's family be represented only by an immediate family member.  Current law is unclear whether more than one family member may attend.

The term "judicial officers" is defined in current law to mean the judge who signed the death warrant, the elected prosecuting attorney whose office prosecuted the death penalty case, and the inmate's most recent attorney. 

Summary of Bill:  No more than three media representatives may witness an execution.

The term "judicial officers" is expanded to include investigating law enforcement officers.  A deputy prosecuting attorney involved in the defendant's case may attend instead of the elected prosecuting attorney.

Families of victims may be represented by a person other than an immediate family member.  Families of victims may have more than one representative attend.

Children under the age of 16 years may not attend an inmate execution.

Appropriation:  None.

Fiscal Note:  Requested on January 20, 1995.

Effective Date of Bill:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Too many media representatives have attended the two recent inmate executions.  The executions have turned into a media circus.  Executions are personal times that family members need to gain closure.  More than one member from each family should be eligible to witness the execution.  The families of victims are frustrated by the large number of media representatives at executions.  Law enforcement officers involved in the investigation need to be able to attend to gain closure.  Family members and those involved in the investigation and prosecution should be given first priority.

Testimony Against:   If a victim's family can be represented by a non-family member there is a risk that outsiders, acting for their own financial gain, will offer money to family members to attend in their place.  The total number of witnesses should not be increased above 17.

Testified:   Representative Jeri Costa (pro); Joan Gunther and Bobbi Costa, Families and Friends of Violent Crime Victims (pro); Lorene Ahlers Iverson, family member of victim (pro); and Tana Wood, Department of Corrections (with concerns).