SENATE BILL REPORT

EHB 1070

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

Senate Hearing Date(s):March 28, 1989

Majority Report:  Do pass as amended.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Newhouse, Rasmussen, Talmadge, Thorsness.

Senate Staff:Jon Carlson (786-7459)

                  March 28, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 28, 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:

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 does not unduly diminish the deterrent effect of the punishment;

      (b)that the stay does 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, undertakes to pay the financial obligations imposed by the judgment or posts an adequate performance bond.

A defendant who is 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.

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

Financial obligations imposed by the court bear interest until paid at the rate applicable to civil judgments.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

SUMMARY OF PROPOSED SENATE AMENDMENTS:

The court rules that pertain to the release of the accused are referenced in the statute.

It is clarified that the preponderance of the evidence standard applies to all the factors considered by the court in determining whether to stay the execution of the conviction.

Technical changes in language are adopted.

Senate Committee - Testified: Representative Shirley Rector (pro); Seth Dawson, Washington Association of Prosecuting Attorneys (pro)