S-3939.1  _______________________________________________

                         SENATE BILL 6516

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Senators Roach, Goings, Hochstatter, Benton, Rossi, Patterson, Oke, Schow, Johnson, McDonald, Stevens, Strannigan, Fraser, Sellar, Prentice, Bauer and Rasmussen

Read first time 01/20/98.  Referred to Committee on Law & Justice.

Providing for the possibility of life imprisonment for first degree murder.

    AN ACT Relating to first degree murder; adding a new section to chapter 9.94A RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 9.94A RCW to read as follows:

    Notwithstanding RCW 9.94A.310, any person convicted of the crime of murder in the first degree may be sentenced to life imprisonment.  If the defendant's guilt was determined by a jury verdict, the same jury shall then immediately determine whether the sentence of life imprisonment shall be imposed with or without the possibility or parole or release.  A jury may be waived in the discretion of the court and with the consent of the defendant and the prosecuting attorney, in which event the trial court shall make the sentencing determination.  If the defendant's guilt was determined by a plea of guilty or by decision of the trial court without a jury, the trial court shall make the sentencing determination.

    If a sentence of less than life without the possibility of parole or release is imposed, the sentencing entity shall determine the minimum term of total confinement in accordance with RCW 9.94A.120(4).

NEW SECTION. Sec. 2.  This act takes effect July 1, 1998.

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