FINAL BILL REPORT

HB 1070

                                  C 276 L 89

BYRepresentatives Rector, Youngsman, G. Fisher, Padden,H. Myers, Patrick, Wolfe, Ferguson, D. Sommers, Walker, Wood, Dellwo, Kremen, P. King, Silver, Morris and Crane

Revising procedures on criminal procedure.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

An appeal by a defendant in a criminal trial stays imposition of the defendant's sentence.  Court rules give the trial court authority to fix the terms of release pending an appeal and to revoke, modify or suspend the terms of a release previously ordered.  If the defendant is unable to post bail pending the appeal, the time the defendant spends in confinement is credited towards the term of imprisonment imposed by the court.

The sentencing court may require a convicted defendant to pay restitution and may impose fines and penalties. Currently, no interest accrues on these monetary obligations.  Civil judgments, on the other hand, accrue interest at the rate specified in the contract, if any, or at the maximum rate allowable under the state usury statute, which is the higher of either (a) 12 percent or (b) 4 percentage points over the 26-week Treasury Bill rate.

SUMMARY:

Several changes are made in the criminal sentencing law.  First, an appeal by a defendant in a criminal case does not stay the sentence if the court finds by a preponderance of the evidence any of the following:  (1) the defendant is likely to flee or to pose a danger to the community; (2) the delay resulting from a stay will unduly diminish the deterrent effect of the punishment;  (3) a stay will cause unreasonable trauma to the victims of the crime; or (4) the defendant, to the extent of his or her financial ability, has not undertaken to pay the financial obligations imposed by the judgment or has not posted an adequate performance bond.

Second, a defendant who has been convicted of a felony and is awaiting sentencing must be detained unless the court finds by clear and convincing evidence that the defendant is unlikely to flee or to pose a danger to the community.

Third, the court is authorized to place conditions on the release of a defendant who is appealing a verdict or awaiting sentencing in order to minimize trauma to the victim.

Finally, financial obligations imposed by the court will bear interest until paid at the rate applicable to civil judgments.

VOTES ON FINAL PASSAGE:

      House 88   1

      Senate    44     1 (Senate amended)

      House             (House refused to concur)

Free Conference Committee

      Senate    42     0

      House 97   0

EFFECTIVE:July 23, 1989