BILL REQ. #:  S-1121.1 

Read first time 01/31/2007.   Referred to Committee on Judiciary.

     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; and
     (e) 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 fourteen members:
     (a) Two members appointed by the chief justice of the Washington supreme court;
     (b) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;
     (c) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
     (d) One member representing the governor's policy office, appointed by the governor;
     (e) One member appointed by the Washington association of criminal defense lawyers who has experience in death penalty cases;
     (f) One member appointed by the Washington defenders association who has experience in death penalty cases;
     (g) Two members appointed by the Washington association of prosecuting attorneys who have experience in death penalty cases;
     (h) One member appointed by the Washington association of sheriffs and police chiefs;
     (i) One member from a crime victims' organization, appointed by the task force members designated in (a) through (h) of this subsection; and
     (j) One civilian, appointed by the task force members designated in (a) through (h) 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 fifty 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 administrative office of the courts for the purposes of providing staffing and support to the death penalty task force.
     (2) The sum of one hundred 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 administrative office of the courts for the purposes of providing staffing and support to the death penalty task force.