H-0708.1  _______________________________________________

                          HOUSE BILL 1647

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Murray, Miloscia, Veloria, Tokuda, Ruderman, McDermott and Santos

Read first time 01/31/2001.  Referred to Committee on Judiciary.

Creating a task force to study the death penalty.

    AN ACT Relating to the death penalty; adding a new section to chapter 10.95 RCW; making appropriations; and providing an expiration date.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 10.95 RCW to read as follows:

    (1) Until July 1, 2003, the sentence of death for anyone sentenced under RCW 10.95.030(2) shall be stayed.

    (2) A death penalty task force is hereby created for the purpose of conducting a review of the existing statutes and court rules to determine the following:

    (a) The adequacy of the counsel and resources provided defendants in capital offense cases;

    (b) The uniformity of decision making by prosecuting attorneys in terms of charging defendants with aggravated first degree murder and the criteria in such decisions;

    (c) The impact of race, ethnicity, gender, and economic status on the likelihood of a defendant being charged with aggravated first degree murder; and

    (d) Whether there are revisions to existing statutes and court rules which, if implemented, would decrease the likelihood of an inappropriate imposition of the death penalty.

    (3) The task force shall consist of eleven members.  The membership shall be appointed as follows:

    (a) Two members appointed by the chief justice of the state supreme court;

    (b) Two members appointed by the president of the senate;

    (c) Two members appointed by the speaker of the house of representatives;

    (d) Two members appointed by the governor;

    (e) Three members appointed by the president of the Washington state bar association.  Not more than one member shall be a current or former prosecuting attorney.  Not more than one member shall be an attorney whose practice is primarily criminal defense and who has experience in death penalty cases.

    (4) The task force may conduct meetings, select officers, and prescribe rules of procedure.  The task force shall cooperate, act, and function with legislative committees and executive agencies as necessary to complete its business.

    (5) Members of the task force shall serve without additional compensation, but must be reimbursed for their travel expenses, in accordance with RCW 43.03.050 and 44.04.120, incurred while attending meetings of the task force, engaged on other task force business authorized by the task force, or going to and coming from task force meetings.

    (6) The task force shall make a report, together with any recommendations, to the legislature, governor, and supreme court not later than January 1, 2003.

NEW SECTION. Sec. 2.  (1) The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2001, from the general fund to the office of the administrator for the courts for the purposes of providing staffing and support to the death penalty task force.

    (2) The sum of one hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2002, from the general fund to the office of the administrator for the courts for the purposes of providing staffing and support to the death penalty task force.

NEW SECTION. Sec. 3.  Section 1 of this act expires July 1, 2003.

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