BILL REQ. #:  H-3741.2 

Read first time 01/31/12.   Referred to Committee on Judiciary.

     AN ACT Relating to requiring DNA evidence prior to the imposition of the death penalty; adding new sections to chapter 10.95 RCW; creating new sections; prescribing penalties; and providing an effective date.

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

NEW SECTION.  Sec. 1   This act may be known and cited as the DNA testing act of 2012.

NEW SECTION.  Sec. 2   (1) The legislature finds that:
     (a) Two hundred eighty people in the United States have been exonerated from death row based on postconviction DNA testing;
     (b) On May 27, 2005, Texas passed a law stating that all felons must submit a DNA sample;
     (c) Gary Ridgway, the Green River Killer, was identified as being guilty based on DNA evidence;
     (d) In Maryland on January 1, 2004, a student senate passed a bill mandating postconviction DNA tests prior to the implementation of the death penalty; and
     (e) A similar proposal was submitted to the Washington state legislature in 2007 as House Bill No. 1890.
     (2) The purposes of this act are:
     (a) To prevent the incarceration or wrongful execution of innocent persons; and
     (b) To alleviate the financial burden placed on taxpayers during the appeals process of a death sentence for individuals who may be exonerated later.

NEW SECTION.  Sec. 3   A new section is added to chapter 10.95 RCW to read as follows:
     (1) Except as provided in subsection (2) of this section, the state of Washington may not impose the death penalty upon any person convicted of aggravated first degree murder unless DNA evidence is introduced and assists in the person's conviction.
     (2) The death penalty may be implemented without DNA evidence if:
     (a) The defendant has confessed to committing aggravated first degree murder; or
     (b) There is technological evidence that shows that the defendant committed aggravated first degree murder.

NEW SECTION.  Sec. 4   A new section is added to chapter 10.95 RCW to read as follows:
     The definitions in this section apply to sections 1 through 3 of this act unless the context clearly requires otherwise.
     (1) "Accused" means a person against whom a criminal action is brought.
     (2) "Aggravated first degree murder" has the same meaning as in RCW 10.95.020.
     (3) "Confession" means a written or oral acknowledgment of guilt by a person accused of an offense.
     (4) "Crime" means a serious violation of public law.
     (5) "Exonerated" means the freeing or clearing from accusation or guilt.
     (6) "Implement" means to enforce or fulfill a duty.
     (7) "Postconviction DNA testing" means DNA testing that convicted persons may request after their conviction.
     (8) "Show" means to make manifest or apparent or to demonstrate, display evidence, or reveal.
     (9) "Technological evidence" means advanced or sophisticated devices that furnish proof, including video cameras.

NEW SECTION.  Sec. 5   (1) This act applies to all state law, and the implementation of that law, whether statutory or otherwise, and whether adopted before, on, or after the effective date of this section.
     (2) Statutory law adopted on or after the effective date of this section is subject to the requirements of this act unless the law explicitly excludes such application by reference to this act.

NEW SECTION.  Sec. 6   Nothing in this act shall be construed to affect, interpret, or in any way change the Constitution of the United States or the Constitution of the state of Washington.

NEW SECTION.  Sec. 7   This act takes effect January 1, 2013.