SENATE BILL REPORT

                  EHB 1067

              As Reported By Senate Committee On:

                   Judiciary, April 1, 1999

Title:  An act relating to statutory double jeopardy.

Brief Description:  Amending statutory double jeopardy provisions.

Sponsors:  Representatives O'Brien and Ballasiotes.

Brief History:  Passed House 3/10/99, 97-0.

Committee Activity:  Judiciary:  3/31/99, 4/1/99 [DP].

SENATE COMMITTEE ON JUDICIARY

Majority Report:  Do pass.

  Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Goings, Hargrove, Haugen, Johnson, Long, McCaslin, Roach and Thibaudeau.

Staff:  Harry Steinmetz (786-7421)

Background:  Under the double jeopardy clauses of the federal and state constitutions, it is unconstitutional for a person to be tried twice for the same crime by the same sovereign.  However, there is no constitutional prohibition against successive prosecutions for the same crime by different sovereigns.  For example, a Washington court could constitutionally prosecute a defendant who has already been prosecuted for the same crime in another state or in a military tribunal.  This is known as the doctrine of dual sovereignty.

However, many states, including Washington, statutorily override the doctrine of dual sovereignty.  In Washington, double jeopardy protections apply to a defendant who has already been criminally prosecuted for the same offense by another sovereign.  The Washington Supreme Court has ruled that this includes a person who has been subject to nonjudicial punishment under the Uniform Code of Military Justice.

Summary of Bill:  Double jeopardy protections apply to a defendant who has already been prosecuted for the same offense in judicial proceedings conducted under the criminal laws of another sovereign.  Double jeopardy protections do not apply to a defendant who has received administrative or nonjudicial punishment, civilian or military, for the same offense from another sovereign.

Appropriation:  None.

Fiscal Note:  Not requested.

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

Testimony For:  Currently, if a solider is arrested for DUI, after he is released from custody, he has to report to his Commanding Officer.  Under Article 15 of the UCMJ, he can be punished.  But it is more like being chewed out.  The solider can be restricted to base, lose pay, given a reduction in rank or some other punishment.  The Washington Supreme Court has held that to prosecute the solider for DUI subsequent to appearing before his Commanding Officer constitutes double jeopardy under Washington State's double jeopardy statute.  No other state in the union has this level of restrictions on prosecutions.  This bill will allow the solider to be prosecuted, while still protecting him from double jeopardy in a different judicial criminal proceeding.

Testimony Against:  None.

Testified:  Representative Al O'Brien; Pamela Leginsky, WAPA (pro).