HOUSE BILL ANALYSIS

SB 5203

Title:An act relating to capital punishment.

Brief Description:Making a defendant=s knowledge that a murder victim was pregnant aggravated first degree murder.

Sponsors:Senate Committee on Law & Justice (originally sponsored by Senators Roach, Johnson, Hargrove, Zarelli, Benton, Goings, Oke, and Long).

House Committee on Criminal Justice and Corrections

Hearing Date:February 20, 1998.

Prepared By:Mark G. Hamilton, Counsel (786-7310).

Background:Murder in the First Degree.  Murder in the first degree occurs when a person causes the death of another person under any of the following cases: 

1.Premeditated Intent C when, with premeditated intent to cause the death of another person, the perpetrator causes the death of that person or a third person;

2.Extreme Indifference to Human Life C when a person causes the death of another person under circumstances manifesting an extreme indifference to human life while engaging in conduct which creates a grave risk of death to any person;

3.During Commission of Certain Felonies C when a perpetrator causes the death of another person during the commission, attempted commission, or flight therefrom, of any of the following felony crimes:

a.Robbery in the first or second degree;

b.Rape in the first or second degree;

c.Burglary in the first degree;

d.Arson in the first or second degree; or

e.Kidnapping in the first or second degree. 

(RCW 9A.32.030.)

Aggravated First Degree Murder.  Aggravated first degree murder occurs when a person commits murder in the first degree, and one or more aggravating circumstances, as set out by statute, is present.  The aggravating circumstances, in summary, are as follows: 

1.Murder of a law enforcement officer, corrections officer, or firefighter;

2.Murder while incarcerated in, or escaped from, a state corrections facility;

3.Murder while incarcerated in a local jail;

4.Murder for hire, either as the payor or the Ahit man@;

5.Mob or gang-related murder;

6.Murder during a drive-by shooting;

7.Murder when the victim was a former, current or prospective juror, witness, prosecuting attorney, defense attorney, member of the indeterminate sentence review board; or a probation or parole officer, if the murder was related to the exercise of their duties;

8.Murder to conceal another crime;

9.Serial or spree killing (multiple murders);

10.Murder committed in the course of, in furtherance, or in immediate flight from one of the following crimes:

a.Robbery in the first degree;

b.Rape in the first or second degree;

c.Burglary in the first or second degree or residential burglary;

d.Kidnapping in the first degree; or

e.Arson in the first degree;

11.Murder when the victim was a news reporter, and the murder was committed to obstruct or hinder the investigation, research, or reporting activities of the victim. 

Aggravated first degree murder is punishable by a maximum sentence of life imprisonment without the possibility of release or by death. 

(RCW 10.95.020.)

Summary:An additional aggravating circumstance is provided for purposes of qualifying a premeditated first-degree murder for a sentence of life in prison without possibility of release or death.  The additional aggravating circumstance is that the defendant knew the victim was pregnant.  (Amends RCW 10.95.020.)

Rules Authority:No.

Fiscal Note:Available.

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