H-4291.2  _______________________________________________

                          HOUSE BILL 2828

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Representatives Ballasiotes, Costa and Mitchell

Read first time 01/21/98.  Referred to Committee on Criminal Justice & Corrections.

Augmenting provisions for execution witnesses.

    AN ACT Relating to execution witnesses; and amending RCW 10.95.185.

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

    Sec. 1.  RCW 10.95.185 and 1993 c 463 s 2 are each amended to read as follows:

    (1) Not less than twenty days prior to a scheduled execution, judicial officers, law enforcement representatives, 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) Five media representatives, unless additional space remains available after selection of all eligible witnesses from the other four categories.

    (b) Judicial officers.

    (c) Representatives ((from)) of the families of the victims.

    (d) Representatives from the family of the defendant.

(e) Up to two representatives from law enforcement.  The chief law enforcement officer of the jurisdiction where the crime was committed shall designate the law enforcement representatives.

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 or a deputy 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) "Law enforcement representatives" means (i) the chief law enforcement officer of the jurisdiction where the crime was committed; and (ii) those law enforcement officers responsible for investigating the crime for which the defendant was sentenced to death.

(c) "Media representatives" means representative members of all forms of media.

    (((c))) (d) "Representatives ((from the family of the victim" means a representative from the immediate family of a victim)) of the families of victims" means representatives of the immediate families of the victim(s) of the individual sentenced to death, including victim advocates of the immediate family members.

    (((d))) (e) "Representative from the family of the defendant" means a representative from the immediate family of the individual sentenced to death.

    (((e))) (f) "Superintendent" means the superintendent of the Washington state penitentiary.

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