HOUSE BILL REPORT

EHB 2714

BYRepresentatives Padden, Appelwick, Fuhrman, Bowman, Kremen, Wolfe, Moyer, Horn, Tate and Miller

Concerning execution dates.

House Committe on Judiciary

Majority Report:  Do pass as amended.  (15)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Brough, Forner, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Schmidt, Scott, Tate and Wineberry.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Belcher and Dellwo.

House Staff:Regina Jones (786-7191)

AS PASSED HOUSE FEBRUARY 6, 1990

BACKGROUND:

The Washington Supreme Court performs a sentence review and hears appeals of cases in which a death sentence has been imposed. If the court affirms the death sentence, the case is remanded to the trial court for issuance of a death warrant by the clerk of the court.  The death warrant is directed to the superintendent of the state penitentiary and specifies the execution date.  The specified execution date must be 30 to 90 days from the date the trial court receives the remand from the Washington Supreme Court.

If the appointed execution date passes without the execution taking place, the trial court issuing the death warrant is directed to issue another death warrant.  The new death warrant is issued pursuant to the procedure followed in issuing the original death warrant.

Statutory ambiguity exists regarding the event which triggers issuance of a new death warrant when the execution has been stayed. The statute provides that a new execution date must be set 30 to 90 days from the date the trial court receives a "remand from the Supreme Court of Washington."  It is an order terminating/vacating the stay of execution, rather than a remand from the Washington Supreme Court, which indicates that a new death warrant should be issued.

SUMMARY:

If an execution is stayed by any court of competent jurisdiction, the new execution date is automatically reset for 30 judicial days following entry of an order terminating the stay of execution.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Larry McKeeman, Snohomish County Prosecutor's Office; Ed Mackie, Office of the Attorney General/Judicial Council.

House Committee - Testified Against:      Jerry Sheehan, ACLU; James Lobsenz, Citizen/Washington Association of Criminal Defense Lawyers.

House Committee - Testimony For:    This solves the technical "triggering date" problem for resetting execution dates and reduces delay without expanding or reducing a defendant's right to counsel.

House Committee - Testimony Against:      This restricts a defendant's right to counsel by not allowing counsel an adequate opportunity to prepare a defense.  It may create numerous administrative problems in the execution process.