BP BHEAD INT H

AN ACT Relating to capital punishment sentencing; and amending RCW 10.95.040, 10.95.130, and 10.95.140.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 10.95.040 and 1981 c 138 s 4 are each amended to read as follows:

(1) If a person is charged with aggravated first degree murder as defined by RCW 10.95.020, the prosecuting attorney shall file written notice of a special sentencing proceeding to determine whether or not the death penalty should be imposed when there is reason to believe that there are not sufficient mitigating circumstances to merit leniency.

(2) The notice of special sentencing proceeding shall be filed and served on the defendant or the defendant's attorney within ((~~thirty~~)) forty-five days after the defendant's arraignment upon the charge of aggravated first degree murder ((~~unless the court, for good cause shown, extends or reopens the period for filing and service of the notice~~)). The prosecuting attorney may use any method of service that is reasonably likely to provide notice to the defendant or the defendant's attorney. Service may not be considered inadequate if, within the time allowed for service, the defendant or the defendant's attorney received actual notice of the prosecuting attorney's intent to request the death penalty. Except with the consent of the prosecuting attorney, during the period in which the prosecuting attorney may file the notice of special sentencing proceeding, the defendant may not tender a plea of guilty to the charge of aggravated first degree murder nor may the court accept a plea of guilty to the charge of aggravated first degree murder or any lesser included offense.

(3) The time period in which the prosecuting attorney may file the notice of special sentencing proceeding may be extended or reopened by the court for any of the following reasons:

(a) Upon a showing of good cause;

(b) Upon a showing that the prosecuting attorney is actively pursuing an investigation into the crime and the defendant's history in order to appropriately exercise discretion on whether to seek the death penalty and necessary information cannot be timely obtained for reasons beyond the control of the prosecuting attorney;

(c) Upon a showing of newly discovered evidence about the defendant or the crime which by due diligence could not have been discovered within forty-five days after the defendant's arraignment upon the charge of aggravated first degree murder; or

(d) Upon the request of the defendant or the defendant's attorney.

(4) If a notice of special sentencing proceeding is not filed and served as provided in this section, the prosecuting attorney may not request the death penalty.

Sec. 2. RCW 10.95.130 and 1993 c 479 s 3 are each amended to read as follows:

(1) The sentence review required by RCW 10.95.100 shall be in addition to any appeal. The sentence review and an appeal shall be consolidated for consideration. The defendant and the prosecuting attorney may submit briefs within the time prescribed by the court and present oral argument to the court.

(2) With regard to the sentence review required by ((~~this act~~)) chapter 138, Laws of 1981, the supreme court of Washington shall determine:

(a) Whether there was sufficient evidence to justify the affirmative finding to the question posed by RCW 10.95.060(4); and

(b) ((Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant. For the purposes of this subsection, "similar cases" means cases reported in the Washington Reports or Washington Appellate Reports since January 1, 1965, in which the judge or jury considered the imposition of capital punishment regardless of whether it was imposed or executed, and cases in which reports have been filed with the supreme court under RCW 10.95.120;

~~(c)~~)) Whether the sentence of death was brought about through passion or prejudice; and

((~~(d)~~)) (c) Whether the defendant was mentally retarded within the meaning of RCW 10.95.030(2).

Sec. 3. RCW 10.95.140 and 1993 c 479 s 4 are each amended to read as follows:

Upon completion of a sentence review:

(1) The supreme court of Washington shall invalidate the sentence of death and remand the case to the trial court for resentencing in accordance with RCW 10.95.090 if:

(a) The court makes a negative determination as to the question posed by RCW 10.95.130(2)(a); or

(b) The court makes an affirmative determination as to any of the questions posed by RCW 10.95.130(2) (b)((,)) or (c)((~~, or (d)~~)).

(2) The court shall affirm the sentence of death and remand the case to the trial court for execution in accordance with RCW 10.95.160 if:

(a) The court makes an affirmative determination as to the question posed by RCW 10.95.130(2)(a); and

(b) The court makes a negative determination as to the questions posed by RCW 10.95.130(2) (b)((,)) or (c)((~~, and (d)~~)).