S-0588.1  _______________________________________________

                         SENATE BILL 5093

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senator Roach

Read first time 01/14/97.  Referred to Committee on Law & Justice.

Prescribing procedures for capital punishment sentencing.

    AN ACT Relating to capital punishment sentencing; and amending RCW 10.95.130 and 10.95.140.

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

    Sec. 1.  RCW 10.95.130 and 1993 c 479 s 3 are each amended to read as follows:

    (1) The sentence review required by RCW 10.95.100 shall be in addition to any appeal.  The sentence review and an appeal shall be consolidated for consideration.  The defendant and the prosecuting attorney may submit briefs within the time prescribed by the court and present oral argument to the court.

    (2) With regard to the sentence review required by ((this act)) chapter 138, Laws of 1981, the supreme court of Washington shall determine:

    (a) Whether there was sufficient evidence to justify the affirmative finding to the question posed by RCW 10.95.060(4); and

    (b) ((Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.  For the purposes of this subsection, "similar cases" means cases reported in the Washington Reports or Washington Appellate Reports since January 1, 1965, in which the judge or jury considered the imposition of capital punishment regardless of whether it was imposed or executed, and cases in which reports have been filed with the supreme court under RCW 10.95.120;

    (c))) Whether the sentence of death was brought about through passion or prejudice; and

    (((d))) (c) Whether the defendant was mentally retarded within the meaning of RCW 10.95.030(2).

    Sec. 2.  RCW 10.95.140 and 1993 c 479 s 4 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 any of the questions posed by RCW 10.95.130(2) (b)((,)) or (c)((, or (d))).

    (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 questions posed by RCW 10.95.130(2) (b)((,)) or (c)((, and (d))).

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