BILL REQ. #: H-3464.1
State of Washington | 58th Legislature | 2004 Regular Session |
Prefiled 12/23/2003. Read first time 01/12/2004. Referred to Committee on Judiciary.
AN ACT Relating to ensuring victims' rights to express their views regarding a plea agreement before a court; adding a new section to chapter 9.94A RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The Washington state Constitution recognizes
that crime victims have a meaningful role in the criminal justice
system and grants victims certain basic and fundamental rights,
including the right of victims or their representatives to be informed
of, to attend, and to make statements at certain court proceedings
involving criminal defendants. The exercise of these rights may not
constitute a basis for error in favor of a defendant in any criminal
proceeding.
State law provides that persons are subject to capital punishment
if they are found guilty of aggravated first degree murder. A person
is guilty of aggravated first degree murder if, with a premeditated
intent to cause the death of another person, they cause the death of
such person or of a third person, and one or more of the aggravating
circumstances enumerated in statute exist.
Plea agreements are agreements made between defendants and
prosecutors whereby defendants plead guilty or no contest to certain
criminal charges and prosecutors agree to drop certain charges, reduce
certain charges, or recommend that judges enter specific sentences that
are acceptable to the defendants. Criminal cases are settled by plea
agreements for many reasons: As criminal courts become ever more
crowded and overburdened, prosecutors feel increased pressure to move
cases quickly through the system; trials and appeals can take months or
even years at great expense to the public while guilty pleas can often
be arranged rather expeditiously; the outcome of a trial is usually
unpredictable and plea agreements provide both prosecutors and
defendants some control over the result; if trials result in hung
juries, prosecutors and defendants may negotiate a plea agreement
rather than go through yet another trial; no matter how strong evidence
may be, prosecutors have no assurance of a conviction and may undergo
a long, expensive trial and still lose the case; and plea agreements
give prosecutors flexibility where they can solicit defendants, though
guilty, to give testimony about other criminal defendants or help
resolve other cases that have been difficult to prove.
In aggravated first degree murder cases, plea agreements are an
especially sensitive issue because of the potential number and type of
victims, the magnitude of the crimes, and the message plea agreements
send to criminal offenders, victims, and the community at large.
Special care must be taken to ensure plea agreements in aggravated
first degree murder cases are appropriate, that victims and their
representatives are adequately involved in the decision-making process,
and that the best interests of justice and public safety ultimately
prevail.
NEW SECTION. Sec. 2 A new section is added to chapter 9.94A RCW
to read as follows:
(1) Victims, or their representatives, in aggravated first degree
murder cases have the right to be notified when a plea agreement is to
be presented to the court and to express their views on the plea
agreement to the court prior to the court accepting or rejecting the
plea agreement. The court shall consider the views of the victim or
the victim's representative in deciding whether to accept or reject the
negotiated plea agreement.
(2) Before a plea agreement is allowed in any aggravated first
degree murder case, and prior to any plea agreement reached with the
defendant being presented to the court, a prosecutor shall:
(a) Explain to victims or their representatives the rights of
victims provided in the Washington state Constitution;
(b) Explain to victims or their representatives how the plea
agreement process works and the circumstances that led to the plea
agreement;
(c) Explain to victims or their representatives how victim
advocates can help victims prepare and submit impact statements
regarding the plea agreement that are useful to both the prosecutor and
the court;
(d) Ensure victims or their representatives are notified when a
plea agreement is to be presented to the court and have the opportunity
to express their views on the plea agreement to the court prior to the
court accepting the plea agreement.