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                     ENGROSSED HOUSE BILL 2679

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State of Washington      53rd Legislature     1994 Regular Session

By Representatives Morris, Long, Springer, Chappell, Campbell, Johanson, Brough, Moak, Fuhrman, Padden, Mielke, Cooke and Van Luven

Read first time 01/19/94.  Referred to Committee on Judiciary.

Limiting stays of judgment pending appeal for serious violent and sex offenders.

    AN ACT Relating to stay of judgment; and amending RCW 9.95.062.

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

    Sec. 1.  RCW 9.95.062 and 1989 c 276 s 1 are each amended to read as follows:

    (1) Except as provided in subsections (2) and (3) of this section and notwithstanding CrR 3.2 or RAP 7.2, an appeal by a defendant in a criminal action shall not stay the execution of the judgment of conviction, ((if)) unless the court determines by a preponderance of the evidence that:

    (a) The defendant is ((likely)) unlikely to flee or unlikely to pose a danger to the safety of any other person or the community if the judgment is stayed; or

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

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

    (d) The defendant has ((not)) undertaken to the extent of the defendant's financial ability  to pay the financial obligations under the judgment or has ((not)) posted an adequate performance bond to assure payment.

    (2) An appeal by a defendant convicted of a serious violent or sex offense as defined in RCW 9.94A.030 shall not stay execution of the judgment of conviction.

(3) An appeal by a defendant convicted of a "crime against persons" as defined in RCW 9.94A.440 or a "crime of harassment" as defined in RCW 9A.46.060 which is not a serious violent or sex offense shall not stay execution of the judgment of conviction unless the court finds by clear, cogent, and convincing evidence that:

(a) The defendant is unlikely to flee or unlikely to pose a danger to the safety of the victim, any other person, or the community if the judgment is stayed; or

(b) A stay of the judgment will not cause unreasonable trauma to the victims of the crime or their families.

(4) The court shall obtain the input of the crime victims or the victims' families if available when the court considers whether to stay the judgment.

(5) In any contested bail hearing, the court shall make findings of fact under this section.

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

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