H-0689.2  _______________________________________________

                          HOUSE BILL 1206

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State of Washington      56th Legislature     1999 Regular Session

By Representatives Carrell, Sheahan, Lambert, Ballasiotes, Skinner, McMorris, Dunn, Koster and Mielke

Read first time 01/19/1999.  Referred to Committee on Judiciary.

Allowing eleven or more jurors to convict in a criminal trial with a twelve-member jury.

    AN ACT Relating to jury verdicts in criminal cases in courts of record; and adding a new section to chapter 10.61 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 10.61 RCW to read as follows:

    (1) Except as provided in subsections (2) and (3) of this section, in a criminal trial in a court of record with a twelve-member jury, the votes of eleven or more jurors are sufficient to convict or acquit.

    (2) The conviction or acquittal of a defendant charged with aggravated first degree murder as defined under chapter 10.95 RCW must be by a unanimous vote of the jury.

    (3) The imposition of the death penalty pursuant to a special sentencing proceeding under chapter 10.95 RCW must be by a unanimous vote of the jury.

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