SENATE BILL REPORT

SB 6154

BYSenators Rasmussen, Amondson, Smith, Hansen, Vognild and Madsen

Requiring two-thirds jury vote to impose capital punishment.

Senate Committee on Law & Justice

Senate Hearing Date(s):May 24, 1989; January 18, 1990

Senate Staff:Jon Carlson (786-7549)

AS OF JANUARY 16, 1990

BACKGROUND:

There are currently 37 states that authorize the death penalty for certain heinous crimes.  The great majority of these states can only impose the death penalty by a unanimous jury decision. However, in Alabama and Florida, the jury may return a less than unanimous recommendation of life imprisonment or death to the trial judge, who may override the jury's recommendation (in Indiana, the jury recommendation must be unanimous).  In addition, California and Virginia are at least two states that allow the trial judge to reduce a jury's sentencing decision from death to life imprisonment.

In Washington, the death penalty may be imposed through a special sentencing proceeding whenever a person is found guilty of aggravated first degree murder.  The determination is made by a jury unless a jury is waived in the discretion of the court and with the consent of the defendant and the prosecuting attorney.  If the jury finds that a defendant convicted of aggravated first degree murder should receive the death penalty, it must do so unanimously.

SUMMARY:

A two-thirds or more affirmative vote of the jury (8 out of 12) is required at the special sentencing proceeding in order to impose the death penalty on a person convicted of aggravated first degree murder.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested