_______________________________________________
SUBSTITUTE
SENATE BILL 5513
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 1999 Regular Session
State of Washington 56th
Legislature 1999 Regular Session
By
Read first time 03/01/1999.
Augmenting
provisions for execution witnesses.
AN
ACT Relating to execution witnesses; and amending RCW 10.95.185.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
10.95.185 and 1993 c 463 s 2 are each amended to read as follows:
(1)
Not less than twenty days prior to a scheduled execution, judicial officers, law
enforcement representatives, media representatives, representatives ((from))
of the families of the victims, and representatives from the family of
the defendant who wish to attend and witness the execution, must submit an
application to the superintendent. Such application must designate the
relationship and reason for wishing to attend.
(2)
Not less than fifteen days prior to the scheduled execution, the superintendent
shall designate the total number of individuals who will be allowed to attend
and witness the planned execution. The superintendent shall determine the
number of witnesses that will be allowed in each of the following categories:
(a)
No less than five media representatives with consideration to be
given to news organizations serving communities affected by the crimes or by
the commission of the execution of the defendant.
(b)
Judicial officers.
(c)
Representatives ((from)) of the families of the victims.
(d)
Representatives from the family of the defendant.
(e)
Up to two law enforcement representatives. The chief executive officer of the
agency that investigated the crime shall designate the law enforcement
representatives.
After
the list is composed, the superintendent shall serve this list on all parties
who have submitted an application pursuant to this section. The superintendent
shall develop and implement procedures to determine the persons within each of
the categories listed in this subsection who will be allowed to attend and
witness the execution.
(3)
Not less than ten days prior to the scheduled execution, the superintendent
shall file the witness list with the superior court from which the conviction
and death warrant was issued with a petition asking that the court enter an
order certifying this list as a final order identifying the witnesses to attend
the execution. The final order of the court certifying the witness list shall
not be entered less than five days after the filing of the petition.
(4)
Unless a show cause petition is filed with the superior court from which the
conviction and death warrant was issued within five days of the filing of the
superintendent's petition, the superintendent's list, by order of the superior
court, becomes final, and no other party has standing to challenge its
appropriateness.
(5)
In no case may the superintendent or the superior court order or allow more
than seventeen individuals other than required staff to witness a planned
execution.
(6)
All witnesses must adhere to the search and security provisions of the
department of corrections' policy regarding the witnessing of an execution.
(7)
The superior court from which the conviction and death warrant was issued is
the exclusive court for seeking judicial process for the privilege of attending
and witnessing an execution.
(8)
For purposes of this section:
(a)
"Judicial officer" means: (i) The superior court judge who signed
the death warrant issued pursuant to RCW 10.95.160 for the execution of the
individual, (ii) the current prosecuting attorney or a deputy prosecuting
attorney of the county from which the final judgment and sentence and death
warrant were issued, and (iii) the most recent attorney of record representing
the individual sentenced to death.
(b)
"Law enforcement representatives" means those law enforcement
officers responsible for investigating the crime for which the defendant was
sentenced to death.
(c)
"Media representatives" means representatives ((members))
from news organizations of all forms of media serving the state.
(((c)))
(d) "Representatives ((from the family of the
victim" means a representative from the immediate family of a victim))
of the families of the victims" means representatives from the
immediate families of the victim(s) of the individual sentenced to death,
including victim advocates of the immediate family members. Victim advocates
shall include any person working or volunteering for a recognized victim
advocacy group or a prosecutor-based or law enforcement-based agency on behalf
of victims or witnesses.
(((d)))
(e) "Representative from the family of the defendant" means a
representative from the immediate family of the individual sentenced to death.
(((e))) (f) "Superintendent" means the
superintendent of the Washington state penitentiary.
