H-0018.2  _______________________________________________

                          HOUSE BILL 1295

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State of Washington      55th Legislature     1997 Regular Session

By Representatives Carrell, Sheahan, Backlund, Lambert, D. Sommers, Sterk, McDonald, Zellinsky, Boldt, Delvin, Ballasiotes, Schoesler, Mitchell, DeBolt, Dyer, Mulliken, Clements, Radcliff, Hickel, Talcott, Thompson, Dunn and Mielke

Read first time 01/21/97.  Referred to Committee on Law & Justice.

Authorizing less-than-unanimous jury verdicts in criminal cases.

    AN ACT Relating to jury verdicts in criminal cases in courts of record; and adding a new section to chapter 10.61 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 10.61 RCW to read as follows:

    (1) Except as provided in subsections (2) and (3) of this section, in a criminal trial in a court of record with a twelve-member jury, the votes of ten or more jurors are sufficient to convict or acquit.

    (2) The conviction or acquittal of a defendant charged with aggravated first degree murder as defined under chapter 10.95 RCW must be by a unanimous vote of the jury.

    (3) The imposition of the death penalty pursuant to a special sentencing proceeding under chapter 10.95 RCW must be by a unanimous vote of the jury.

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