S-3928.1  _______________________________________________

 

                         SENATE BILL 6320

          _______________________________________________

 

State of Washington      54th Legislature     1996 Regular Session

 

By Senators McCaslin, Morton, Deccio, Haugen, Oke and Roach

 

Read first time 01/11/96.  Referred to Committee on Law & Justice.

 

Prohibiting release of sex offenders pending sentencing or appeal.



    AN ACT Relating to release of sex offenders pending sentencing or appeal; and amending RCW 10.64.025, 9.95.062, and 10.73.040.

 

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

 

    Sec. 1.  RCW 10.64.025 and 1989 c 276 s 2 are each amended to read as follows:

    A defendant who has been found guilty of a sex offense as defined in RCW 9.94A.030 and is awaiting sentencing shall be detained without exception.  A defendant who has been found guilty of a felony other than a sex offense and is awaiting sentencing shall be detained unless the court finds by clear and convincing evidence that the defendant is not likely to flee or to pose a danger to the safety of any other person or the community if released.  Any bail bond that was posted on behalf of a defendant shall, upon the defendant's conviction, be exonerated.

 

    Sec. 2.  RCW 9.95.062 and 1989 c 276 s 1 are each amended to read as follows:

    (1) Notwithstanding CrR 3.2 or RAP 7.2, an appeal by a defendant in a criminal action shall not stay the execution of the judgment of conviction if the appeal pertains to a sex offense as defined in RCW 9.94A.030, or if the court determines by a preponderance of the evidence that:

    (a) The defendant is  likely to flee or to pose a danger to the safety of any other person or the community if the judgment is stayed; or

    (b) The delay resulting from the stay will unduly diminish the deterrent effect of the punishment; or

    (c) A stay of the judgment will cause unreasonable trauma to the victims of the crime or their families; or

    (d) The defendant has not undertaken to the extent of the defendant's financial ability  to pay the financial obligations under the judgment or has not posted an adequate performance bond to assure payment.

    (2) In case the defendant has been convicted of a felony, and has been unable to obtain release pending the appeal by posting an appeal bond, cash, adequate security, release on personal recognizance, or any other conditions imposed by the court, the time the defendant has been imprisoned pending the appeal shall be deducted from the term for which the defendant was sentenced, if the judgment is affirmed.

 

    Sec. 3.  RCW 10.73.040 and 1893 c 61 s 31 are each amended to read as follows:

    In all criminal actions, except sex offenses as defined in RCW 9.94A.030 and capital cases in which the proof of guilt is clear or the presumption great, upon an appeal being taken from a judgment of conviction, the court in which the judgment was rendered, or a judge thereof, must, by an order entered in the journal or filed with the clerk, fix and determine the amount of bail to be required of the appellant; and the appellant shall be committed until a bond to the state of Washington in the sum so fixed be executed on his or her behalf by at least two sureties possessing the qualifications required for sureties on appeal bonds by section ten of this act, such bond to be conditioned that the appellant shall appear whenever required, and stand to and abide by the judgment or orders of the appellate court, and any judgment and order of the superior court that may be rendered or made in pursuance thereof.  If the appellant be already at large on bail, his or her sureties shall be liable to the amount of their bond, in the same manner and upon the same conditions as if they had executed the bond prescribed by this section; but the court may by order require a new bond in a larger amount or with new sureties, and may commit the appellant until the order be complied with.

 


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