BILL REQ. #: H-2516.2
| State of Washington | 60th Legislature | 2007 Regular Session |
READ FIRST TIME 2/28/07.
AN ACT Relating to creating a death penalty task force; creating new sections; making appropriations; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature recognizes the growing
concern by Washingtonians, members of the judicial branch, and members
of the legislature about the administration of the death penalty in
Washington. In a March 30, 2006, decision, the Washington supreme
court was divided five to four over whether Washington's capital
punishment system is applied fairly. The five justice majority
concluded that the fact that Mr. Gary Ridgway "will live out his life
in prison instead of facing the death penalty has caused many in our
community to seriously question whether the death penalty can, in
fairness, be proportional when applied to any other defendant…it is a
question best left to the people and to their elected representatives
in the legislature." The four justice dissent reasoned, after review
of Washington's death penalty statute over the twenty-five years of its
existence, that "the death penalty is like lightning, randomly striking
some defendants and not others," and concluded that "no rational
explanation exists to explain why some individuals escape the penalty
of death and others do not."
(2) The legislature finds that historically most death sentences
imposed in Washington have been reversed and rarely imposed. The
legislature further finds that it is in the state's interest to
determine whether the state's capital punishment system is applied
fairly and proportionally, and whether the continued allocation of
substantial time, resources, and moneys spent on capital trials and
appeals is warranted.
NEW SECTION. Sec. 2 (1) A death penalty task force is created
for the purpose of conducting a review of the existing death penalty
statutes and court rules to determine the following:
(a) The uniformity of decision making by prosecuting attorneys in
terms of charging defendants with aggravated first degree murder and
the criteria used in such decisions;
(b) The impact of race, ethnicity, gender, and economic status on
the likelihood of a defendant being charged with aggravated first
degree murder;
(c) The administration of Washington's death penalty law since the
enactment of chapter 10.95 RCW to determine whether it is applied
randomly or arbitrarily;
(d) The costs associated with capital trials and appeals;
(e) Evidence concerning cases in which a defense of severe mental
disorder, significantly impairing a defendant's ability to appreciate
the wrongfulness of his or her actions, could have been offered had
such a defense been available and how that defense might have affected
the outcome of cases; and
(f) Whether there are revisions to existing statutes and court
rules that, if implemented, would decrease the likelihood of an
inappropriate imposition of the death penalty.
(2) The task force shall consist of the following twelve members:
(a) One member from each of the two largest caucuses of the house
of representatives, appointed by the speaker of the house of
representatives;
(b) One member from each of the two largest caucuses of the senate,
appointed by the president of the senate;
(c) One member representing the governor's policy office, appointed
by the governor;
(d) One member appointed by the Washington association of criminal
defense lawyers who has experience in death penalty cases;
(e) One member appointed by the Washington defenders association
who has experience in death penalty cases;
(f) Two members appointed by the Washington association of
prosecuting attorneys who have experience in death penalty cases;
(g) One member appointed by the Washington association of sheriffs
and police chiefs;
(h) One member from a crime victims' organization, appointed by the
task force members designated in (a) through (g) of this subsection;
and
(i) One civilian who is a former secretary of the department of
corrections and who has been a witness to an execution, appointed by
the task force members designated in (a) through (g) of this
subsection.
(3) The task force shall choose its chair from among its members.
(4) The task force may conduct meetings, select officers, and
prescribe rules of procedure. The task force shall cooperate, act, and
function with legislative committees and executive agencies as
necessary to complete its business.
(5) The task force may contract with additional persons who have
specific technical or statistical expertise, if such expertise is
necessary to carry out the mandates of the study.
(6) Legislative members of the task force shall be reimbursed for
travel expenses in accordance with RCW 44.04.120. Nonlegislative
members are entitled to be reimbursed for travel expenses in accordance
with RCW 43.03.050 and 43.03.060.
(7) The task force shall report its findings and recommendations to
the governor, Washington supreme court, and appropriate committees of
the legislature by January 1, 2008.
(8) This section expires July 1, 2008.
NEW SECTION. Sec. 3 (1) The sum of twenty-five thousand dollars,
or as much thereof as may be necessary, is appropriated for the fiscal
year ending June 30, 2007, from the state general fund to the house of
representatives for the purposes of this act.
(2) The sum of fifty thousand dollars, or as much thereof as may be
necessary, is appropriated for the fiscal year ending June 30, 2008,
from the state general fund to the house of representatives for the
purposes of this act.
(3) The sum of twenty-five thousand dollars, or as much thereof as
may be necessary, is appropriated for the fiscal year ending June 30,
2007, from the state general fund to the senate for the purposes of
this act.
(4) The sum of fifty thousand dollars, or as much thereof as may be
necessary, is appropriated for the fiscal year ending June 30, 2008,
from the state general fund to the senate for the purposes of this act.