6274‑S AMH STER PICU 37

SSB 6274 ‑ H AMD TO H COMM AMD (6274-S AMH APP H5354.1) 410 ADOPTED                                                     3-1-96

By Representatives Sterk and Robertson

     On page 35, line 7, after "offenses." insert the following material:

     "Sec. 14.  RCW 9.95.062 and 1989 c 276 s 1 are each amended to read as follows:

     (1) 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 the court determines by a preponderance of the evidence that:

     (a) The defendant is  likely to flee or 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 unduly diminish the deterrent effect of the punishment; or

     (c) A stay of the judgment will 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 one of the following offenses shall not stay execution of the judgment of conviction:  Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); rape of a child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076, and 9A.44.079); child molestation in the first, second, or third degree (RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct with a minor in the first or second degree (RCW 9A.44.093 and 9A.44.096); indecent liberties (RCW 9A.44.100); incest (RCW 9A.64.020); luring (RCW 9A.40.090); any class A or B felony that is a sexually motivated offense as defined in RCW 9.94A.030; a felony violation of RCW 9.68A.090; or any offense that is, under chapter 9A.28 RCW, a criminal attempt, solicitation, or conspiracy to commit one of those offenses.

(3) 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. 15.  RCW 10.64.025 and 1989 c 276 s 2 are each amended to read as follows:

(1) 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.  Any bail bond that was posted on behalf of a defendant shall, upon the defendant's conviction, be exonerated.

(2) A defendant who has been found guilty of one of the following offenses shall be detained pending sentencing:  Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); rape of a child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076, and 9A.44.079); child molestation in the first, second, or third degree (RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct with a minor in the first or second degree (RCW 9A.44.093 and 9A.44.096); indecent liberties (RCW 9A.44.100); incest (RCW 9A.64.020); luring (RCW 9A.40.090); any class A or B felony that is a sexually motivated offense as defined in RCW 9.94A.030; a felony violation of RCW 9.68A.090; or any offense that is, under chapter 9A.28 RCW, a criminal attempt, solicitation, or conspiracy to commit one of those offenses."

     Renumber remaining sections, correct internal references, and correct the title accordingly.

EFFECT: Provides that defendant convicted of certain offenses must be detained following conviction while pending sentencing.

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