5339 AMH SHEA H2807.1

By Representative Shea

NOT CONSIDERED 12/23/2019

Beginning on page 1, line 9, strike all of sections 1 and 2 and insert the following:

"NEW SECTION. Sec. 1. (1) The office of the attorney general shall convene a work group for the purposes established in subsection (3) of this section.

(2) The work group must include representatives of the center for court research within the administrative office of the courts, the Washington superior court judges association, the office of the attorney general, the Washington association of prosecuting attorneys, the Washington defender association, the Washington association of criminal defense lawyers, and civil rights organizations.

(3) The work group shall:

(a) Study the issues raised in State v. Gregory, 192 Wn.2d 1, 427 P.3d 621 (2018), including those relating to racial disproportionality and bias, geographic disparity, and other issues specified in that opinion; and

(b) Develop recommendations for remedying the issues identified in State v. Gregory, which may include modifying chapter 10.95 RCW and/or state or local practices, in order to ensure that otherwise per se constitutional provisions authorizing the death penalty can be applied in a constitutional manner.

(4) The work group shall submit a report with findings and recommendations to the governor and the appropriate committees of the legislature by December 1, 2019."

EFFECT: Restores the statutory procedures for imposing the death penalty for convictions of aggravated first degree murder.

Requires the Office of the Attorney General to convene a work group with representatives of specified organizations and interests.

Requires the work group to study the issues raised in State v. Gregory, including those relating to racial disproportionality and bias, geographic disparity, and other issues specified in the opinion, and requires the work group to develop recommendations for remedying the issues identified in State v. Gregory, which may include modifying chapter 10.95 RCW and/or state or local practices, in order to ensure that otherwise per se constitutional provisions authorizing the death penalty can be applied in a constitutional manner.

Requires the work group to submit a report with findings and recommendations to the Governor and the Legislature by December 1, 2019.