SENATE BILL REPORT

SB 5271

BYSenators Pullen, Madsen, Hayner, McCaslin, Benitz, Saling, Nelson, Bauer, Lee, Barr, Anderson, Newhouse, Smith and Matson; by request of Attorney General

Allowing the death penalty for certain drug offenses.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 23, 1989

Majority Report:  Do pass.

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

Minority Report:  Do not pass.

      Signed by Senators Niemi, Rinehart.

Senate Staff:Cliff Petersen (786-7457)

                  February 27, 1989

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

BACKGROUND:

The death penalty may be imposed if a person is found guilty of aggravated first degree murder.  A person is guilty of aggravated first degree murder if he or she commits first degree murder and one or more of the enumerated aggravating circumstances exist.

One set of the enumerated aggravating circumstances consists of a murder committed in the course of, in furtherance of or in immediate flight from robbery in the first or second degree, rape in the first or second degree, burglary in the first or second degree, kidnapping in the first degree or arson in the first degree.

SUMMARY:

The death penalty may be imposed for a first degree murder committed during the commission of certain serious drug offenses.  The offenses include the manufacturing, delivery or possession with the intent to manufacture or deliver a controlled substance or counterfeit substance classified in Schedule II or II which is a narcotic drug.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Mike Grant, Attorney General's Office (pro); Bill Williams, Attorney General's Office (pro); Tony Lee, Washington Association of Churches (con); Father John Pinnette, Washington State Catholic Conference (con)