CERTIFICATION OF ENROLLMENT

                        SENATE BILL 5093

                        55th Legislature

                      1997 Regular Session

Passed by the Senate March 13, 1997   YEAS 33   NAYS 15 President of the Senate Passed by the House April 15, 1997   YEAS 73   NAYS 21

CERTIFICATE I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SENATE BILL 5093 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Speaker of the       House of Representatives

Secretary

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

          _______________________________________________

                         SENATE BILL 5093

          _______________________________________________

             Passed Legislature - 1997 Regular Session

State of Washington      55th Legislature     1997 Regular Session

By Senator Roach

Read first time 01/14/97.  Referred to Committee on Law & Justice.

Prescribing procedures for capital punishment sentencing. 

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

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

    Sec. 1.  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. 2.  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))).

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