BP BHEAD INT S

AN ACT Relating to the death penalty; amending RCW 10.95.030, 10.95.040, 10.95.080, and 10.95.140; adding new sections to chapter 10.95 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 10.95 RCW to read as follows:

The legislature intends to abolish the possibility of a sentence of death for some crimes committed subsequent to the effective date of this section. The legislature does not intend to affect, in any manner, the possibility of a sentence of death being imposed for any crime that was planned, begun, or committed before the effective date of this section and does not do so by the passage of chapter . . . , Laws of 1993 (this act). The legislature does not intend to change any sentence of any person who was sentenced for any offense committed before the effective date of this section and does not do so by the passage of chapter . . . , Laws of 1993 (this act).

NEW SECTION. Sec. 2. A new section is added to chapter 10.95 RCW to read as follows:

(1) A person convicted of aggravated first degree murder as defined by RCW 10.95.020 or any other offense shall not receive a sentence of death upon conviction of the offense if the offense was committed subsequent to the effective date of this section. However, if before the effective date of this section an agreement was made or act was taken in furtherance of the commission of an offense for which a sentence of death could have been imposed under this chapter before the effective date of this section, and the offense is committed as a result of such agreement or act, the offender may be sentenced to death under this chapter regardless of the date of conviction.

(2) A person convicted of aggravated first degree murder before the effective date of this section who has been sentenced to death shall not receive a reduced or changed sentence as a result of chapter . . . , Laws of 1993 (this act).

(3) Except as provided in subsection (1) of this section, a person convicted of aggravated first degree murder after the effective date of this section shall be sentenced to life imprisonment without possibility of release or parole pursuant to RCW 10.95.030.

(4) For all persons sentenced under subsection (3) of this section, the information required to be reported under RCW 10.95.120 shall continue to be reported, as appropriate, to the supreme court of Washington.

Sec. 3. RCW 10.95.030 and 1981 c 138 s 3 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, any person convicted of the crime of aggravated first degree murder shall be sentenced to life imprisonment without possibility of release or parole. A person sentenced to life imprisonment under this section shall not have that sentence suspended, deferred, or commuted by any judicial officer and the ((~~board of prison terms and paroles or its successor~~)) indeterminate sentence review board may not parole such prisoner nor reduce the period of confinement in any manner whatsoever including but not limited to any sort of good-time calculation. The department of social and health services or its successor or any executive official may not permit such prisoner to participate in any sort of release or furlough program.

(2) If, pursuant to a special sentencing proceeding held under RCW 10.95.050, the trier of fact finds that there are not sufficient mitigating circumstances to merit leniency, the sentence shall be death. A sentence of death may not be imposed unless the crime for which the sentencing is imposed was planned, begun, or committed before the effective date of this section.

Sec. 4. RCW 10.95.040 and 1981 c 138 s 4 are each amended to read as follows:

(1) If a person is charged with aggravated first degree murder as defined by RCW 10.95.020, the prosecuting attorney shall file written notice of a special sentencing proceeding to determine whether or not the death penalty should be imposed when there is reason to believe that there are not sufficient mitigating circumstances to merit leniency. The death penalty may not be imposed unless the crime for which the sentencing is imposed was planned, begun, or committed before the effective date of this section.

(2) The notice of special sentencing proceeding shall be filed and served on the defendant or the defendant's attorney within thirty days after the defendant's arraignment upon the charge of aggravated first degree murder unless the court, for good cause shown, extends or reopens the period for filing and service of the notice. Except with the consent of the prosecuting attorney, during the period in which the prosecuting attorney may file the notice of special sentencing proceeding, the defendant may not tender a plea of guilty to the charge of aggravated first degree murder nor may the court accept a plea of guilty to the charge of aggravated first degree murder or any lesser included offense.

(3) If a notice of special sentencing proceeding is not filed and served as provided in this section, the prosecuting attorney may not request the death penalty.

Sec. 5. RCW 10.95.080 and 1981 c 138 s 8 are each amended to read as follows:

(1) If a jury answers affirmatively the question posed by RCW 10.95.060(4), or when a jury is waived as allowed by RCW 10.95.050(2) and the trial court answers affirmatively the question posed by RCW 10.95.060(4), the defendant shall be sentenced to death. The trial court may not suspend or defer the execution or imposition of the sentence.

(2) If the jury does not return an affirmative answer to the question posed in RCW 10.95.060(4), the defendant shall be sentenced to life imprisonment as provided in RCW 10.95.030(1).

(3) The sentence of death provided for in subsection (1) of this section may not be imposed unless the crime for which the sentencing is imposed was planned, begun, or committed before the effective date of this section.

Sec. 6. RCW 10.95.140 and 1981 c 138 s 14 are each amended to read as follows:

Upon completion of a sentence review:

(1) The supreme court of Washington shall invalidate the sentence of death and remand the case to the trial court for resentencing in accordance with RCW 10.95.090 if:

(a) The court makes a negative determination as to the question posed by RCW 10.95.130(2)(a); or

(b) The court makes an affirmative determination as to either of the questions posed by RCW 10.95.130(2)(b) or (c); or

(c) The court makes an affirmative determination that the crime for which the sentence was imposed was not planned, begun, or committed before the effective date of this section.

(2) The court shall affirm the sentence of death and remand the case to the trial court for execution in accordance with RCW 10.95.160 if:

(a) The court makes an affirmative determination as to the question posed by RCW 10.95.130(2)(a); and

(b) The court makes a negative determination as to the question posed by RCW 10.95.130(2)(b) and (c); and

(c) The court makes a negative determination and finds that the crime for which the sentence was imposed was planned, begun, or committed before the effective date of this section.