HOUSE BILL REPORT

EHB 1070

As Amended by the Senate

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

Majority Report:  Do pass with amendments.  (13)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Brough, Dellwo, Inslee, P. King, Moyer, H. Myers, Patrick, Schmidt, Tate and Van Luven.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Locke and Wineberry.

House Staff:Steve Masciocchi (786-7377)

AS PASSED HOUSE MARCH 7, 1989

BACKGROUND:

Under current law, an appeal by a defendant in a criminal trial stays the defendant's sentence.  Court rules give the trial court authority to fix the terms of release and to revoke, modify or suspend the terms of 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 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) four percentage points over the 26-week Treasury Bill rate.

SUMMARY:

This bill makes several changes in the existing law.  First, an appeal by a defendant in a criminal case does not stay the sentence unless the court finds by a preponderance of the evidence that the defendant is unlikely to flee or to pose a danger to the community.  In addition, in order to grant a stay, the court must also find:

(a) that the delay resulting from the stay will not unduly diminish the deterrent effect of the punishment;

(b) that the stay will not cause unreasonable trauma to the victims of the crime;

(c) that the appeal raises a substantial question of law or fact, and

(d) that the defendant, to the extent of his or her financial ability, has undertaken to pay the financial obligations imposed by the judgment or has 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 bill authorizes the court 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.

EFFECT OF SENATE AMENDMENT:  The amendment reverses the burden of proof.  The execution of the judgment is not stayed only if by a preponderance it is shown that the defendant is likely to flee or pose a danger, or delay will diminish the deterrent effect, or a stay will cause unreasonable trauma to the victims.  [NOTE:  There appears to be an error in the amendment, because in addition to any one of the above findings, a finding that the defendant has tried to pay restitution or other obligations prevents a stay.]

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Representative Shirley Rector, Prime Sponsor; Seth Dawson, Snohomish County Prosecutor; David Brunean, Clallam County Prosecutor; Mike Sullivan, Pacific County Prosecutor; Gordon Walgren, Washington Bail Agents Association; Seth Fine, Snohomish County Deputy Prosecutor.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Once proven guilty, a defendant should have the burden of showing why he or she should be released.  Several cases were related where convicted defendants who had been released pending appeal committed further illegal or improper acts.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 88; Nay 1; Absent 1; Excused 8

Voting Nay: Representative Belcher

Absent:     Representative Prentice

Excused:    Representatives Basich, Betrozoff, Brooks, Hargrove, Horn, Sayan, Schoon and Vekich