BILL REQ. #:  H-3743.1 

Read first time 01/16/08.   Referred to Committee on Judiciary.

     AN ACT Relating to reviewing appeals; and adding a new section to chapter 10.73 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 10.73 RCW to read as follows:
     (1) Notwithstanding any provision of rules of appellate procedure 2.2(b)(2) and the rules for appeal of decisions of courts of limited jurisdiction 2.2(b)(2), in a criminal case, the state of Washington may, before jeopardy has attached, appeal as a matter of right a decision or order suppressing or excluding evidence, if the prosecution certifies to the trial court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding.
     (2) Failure to seek review as provided in subsection (1) of this section shall not preclude the state of Washington from exercising any other right of appeal or review established by the Constitution, statute, the rules of appellate procedure, or the rules for appeal of decisions of courts of limited jurisdiction.