S-1465               _______________________________________________

                                                   SENATE BILL NO. 5779

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senator Smitherman

Read first time 2/7/89 and referred to Committee on  Law & Justice.

AN ACT Relating to criminal procedure; amending RCW 9.95.062; adding a new section to chapter 10.64 RCW; and adding a new section to chapter 10.82 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 42, Laws of 1955 as last amended by section 1, chapter 4, Laws of 1969 ex. sess. and RCW 9.95.062 are each amended to read as follows:

(1) An appeal by a defendant in a criminal action shall not stay the execution of the judgment of conviction, unless the court so orders after determining:

(a) By clear and convincing evidence that the defendant is not likely to flee or to pose a danger to the safety of any other person or the community if the judgment is stayed;

(b) That the delay resulting from the stay will not unduly diminish the deterrent effect of the punishment;

(c) That staying the judgment will not cause unreasonable trauma to the victims of the crime or their families;

(d) That the appeal raises a substantial question of law or fact that, if resolved in the defendant's favor by the appellate court, is likely to result in reversal; and

(e) That, to the extent of the defendant's financial ability, the defendant has either undertaken to pay the financial obligations under the judgment or has posted an adequate performance bond to assure payment.

(2) In case the defendant has been convicted of a felony, and has been unable to ((furnish a bail bond)) obtain release pending the appeal by posting a cash bond, cash, adequate security, release on personal recognizance, or any other conditions imposed by the court, the time ((he)) the defendant has been imprisoned pending the appeal shall be deducted from the term for which ((he)) the defendant was ((theretofore)) sentenced ((to the penitentiary)), if the judgment ((against him)) be affirmed.

NEW SECTION. Sec. 2.  A new section is added to chapter 10.64 RCW to read as follows:

          A defendant who has been found guilty of a felony and is awaiting sentencing shall be detained unless the court finds by clear and convincing evidence that the defendant is not likely to flee or to pose a danger to the safety of any other person or the community if released.

NEW SECTION. Sec. 3.  A new section is added to chapter 10.82 RCW to read as follows:

          Financial obligations imposed in a judgment shall bear interest from the date of the judgment until payment, at the rate applicable to civil judgments.

NEW SECTION. Sec. 4.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.