S‑0327.1   _____________________________________________

SENATE BILL 5787

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Haugen, Kline, Patterson, Constantine, Kohl‑Welles, Fraser, Prentice and Regala

Read first time 02/02/2001.  Referred to Committee on Judiciary.

_1      AN ACT Relating to the death penalty; adding a new section to

_2  chapter 10.95 RCW; making an appropriation; and providing an

_3  expiration date.

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5      NEW SECTION. Sec. 1.  A new section is added to chapter 10.95

_6  RCW to read as follows:

_7      (1) The Washington state institute for public policy shall

_8  convene an advisory committee to provide oversight for a study of

_9  the fairness of implementation of the death penalty in the state

10  of Washington.  The study shall address the concerns raised by the

11  American bar association policy of February 3, 1997, and the

12  resolution of the Washington state bar association on August 4,

13  2000, specifically:

14      (a) The adequacy of funding for defense counsel for indigent

15  defendants accused of capital offenses;

16      (b) The qualifications that should be required of defense

17  counsel in capital cases;

18      (c) Whether there are systemic problems affecting

19  implementation of the death penalty in Washington;

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_1      (d) Whether prosecutorial standards or criteria for seeking

_2  imposition of the death penalty are consistent statewide and what

_3  standards are appropriate;

_4      (e) What impact the imposition of the death penalty has on

_5  county budgets, particularly in small counties, and what budgetary

_6  steps can be taken to minimize the impacts; and

_7      (f) Whether the Special Pleadings Rules (Criminal), issued by

_8  the Washington supreme court in 1997, have been implemented

_9  statewide in a consistent and effective manner.

10      (2) The advisory committee shall be composed of:

11      (a) Two full-time prosecuting attorneys or deputy prosecuting

12  attorneys appointed by the Washington association of prosecuting

13  attorneys;

14      (b) Two full-time criminal defense counsel, one appointed by

15  the Washington association of criminal defense lawyers and one

16  appointed by the office of public defense;

17      (c) The deans of the three law schools in Washington or their

18  designees;

19      (d) One representative chosen by the governor; and

20      (e) A former judge of the superior court chosen by the chief

21  justice.

22      Members of the advisory committee shall serve without

23  additional compensation, but must be reimbursed for their travel

24  expenses, in accordance with RCW 43.03.050 and 44.04.120, incurred

25  while attending meetings of the advisory committee, engaged in

26  other advisory committee business authorized by the advisory

27  committee, or going to and coming from advisory committee

28  meetings.

29      (3) The Washington state institute for public policy shall hire

30  a consultant, selected by the advisory committee, to design and

31  perform the study.  The consultant shall be an attorney with a

32  thorough understanding of the roles of prosecution and defense and

33  possess at least fifteen years' experience in assessing the

34  provision of criminal defense by both private and public defense

35  counsel.

36      (4) The Washington state institute for public policy shall make

37  a report of advisory committee findings, conclusions, and

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_1  recommendations to the legislature, governor, and supreme court

_2  not later than June 1, 2002.

_3      NEW SECTION. Sec. 2.  The sum of two hundred forty thousand

_4  dollars, or as much thereof as may be necessary, is appropriated

_5  from the general fund to the  . . . . . . for the fiscal year ending

_6  June 30, 2002, to carry out the purposes of this act.  No more

_7  than one hundred fifty-five thousand dollars shall be used to pay

_8  salaries, benefits, and associated costs of staff.  A maximum of

_9  eighty thousand dollars may be used for compensation of a

10  consultant.  A maximum of five thousand dollars shall be set aside

11  for travel and expenses of the advisory board.

12      NEW SECTION. Sec. 3.  Section 1 of this act expires June 30,

13  2002.

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