SENATE BILL REPORT

SB 5039

BYSenators Hayner, Niemi, Thorsness and Nelson; by request of Department of Corrections

Limiting the method of execution to lethal injection.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 18, 1989; January 23, 1989

Majority Report:  That Substitute Bill No. 5039 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; Hayner, Madsen, Nelson, Newhouse, Niemi, Rasmussen, Thorsness.

Senate Staff:Cliff Petersen (786-7457)

                  January 24, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 23, 1989

BACKGROUND:

In Washington State, the sentence for aggravated first degree murder is death if, pursuant to a special sentencing proceeding, the trier of fact finds that there are not sufficient mitigating circumstances to merit leniency.

The punishment of death is inflicted either by hanging by the neck or, at the election of the defendant, by lethal injection.

Washington is one of only three states that provides for execution by hanging.  The last execution in Washington occurred in 1963.  The two other states, Delaware and Montana, have had no executions since the 1940s.  Accordingly, corrections officials have experienced great difficulty in obtaining the services of and contracting with an experienced hangman to carry out executions.

Corrections officials have also expressed concern about the problems associated with maintaining two separate sets of procedures, including the costs.

SUMMARY:

For those offenders whose offenses are committed on or after the effective date of this act, the punishment of death is to be inflicted by lethal injection only.

EFFECT OF PROPOSED SUBSTITUTE:

For those offenders whose offenses are committed before, on or after the effective date of this act, the punishment of death is to be inflicted by lethal injection only.

If the death penalty method of lethal intravenous injection is held to be invalid by a final judgment of a court which is binding on all courts in the state, the punishment of death is inflicted by hanging by the neck.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 17, 1989

Senate Committee - Testified: Larry Kincheloe, Dept. of Corrections (pro); Gary Edwards, Thurston County Sheriff (con); Mike Redman, Washington Association of Prosecuting Attorneys; Jerry Sheehan, American Civil Liberties Union