BP BHEAD INT H

AN ACT Relating to stay of judgment pending appeal; amending RCW 9.95.062 and 10.64.025; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that a convicted defendant does not have a constitutional or statutory right to release following conviction while pending appeal. The postconviction bail decision is within the court's inherent power as defined by statute and court rule. A convicted defendant's defense has had the benefit of review by the police, prosecutor, and trier of fact and therefore the defendant will presumably have to serve the sentence imposed absent an error of law. The legislature finds that a convicted defendant who faces a lengthy jail or prison term has a greater incentive to flee the jurisdiction following conviction than prior to conviction. Further, the legislature finds that the community and victims of crimes of harassment or other crimes against persons may have a reasonable fear that a convicted defendant will continue to pose a danger to them if released. Therefore, the legislature intends that courts, when exercising their discretion to stay judgments of convicted defendants, impose a higher standard of review upon defendants convicted of crimes against persons and crimes of harassment.

Sec. 2. RCW 9.95.062 and 1989 c 276 s 1 are each amended to read as follows:

(1) Except as provided in subsection (2) 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

(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 crime against persons as defined in RCW 9.94A.440 or a crime of harassment as defined in RCW 9A.46.060 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.

(3) 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.

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

(5) 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.

Sec. 3. RCW 10.64.025 and 1989 c 276 s 2 are each amended 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: (1) The defendant is not likely to flee or to pose a danger to the safety of any other person or the community if released; or (2) the defendant's release will not cause unreasonable trauma to victims of the crime or to their families. Any bail bond that was posted on behalf of a defendant shall, upon the defendant's conviction, be exonerated.