HOUSE BILL REPORT

HB 1748

BYRepresentatives Pruitt, Spanel, Butterfield, Grant, Beck, Jones, Nealey, Sprenkle, Heavey, Cantwell, P. King, Rayburn, Haugen and Todd

Revising provisions on criminal procedure.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (13)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, P. King, Lewis, Meyers, Moyer, Padden, Patrick, Schmidt, Scott and Wineberry.

Minority Report:  Do not pass.  (3)

      Signed by Representatives Belcher, Hargrove and Locke.

House Staff:Harry Reinert (786-7110)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 4, 1988

BACKGROUND:

The appeal by a defendant in a criminal case stays the sentence under conditions that the court deems appropriate.  If the defendant is unable to post bail pending the appeal, the time the defendant spends in detention is counted towards the term of imprisonment imposed by the court.

After conviction, but prior to sentencing, superior court rules authorize the court to revoke, modify, or suspend the terms of the defendant's release or bail.

The sentencing court may require a convicted defendant to pay restitution and impose fines and penalties.

Civil judgments accrue interest at the rate specified in the contract, if any, or at the maximum rate allowable under the usury statute, which is either 12 percent of four percentage points over the 26 week T-Bill rate.

SUMMARY:

SUBSTITUTE BILL:  An appeal by a defendant in a criminal case does not stay the sentence unless the court makes several findings. The court must determine by clear and convincing evidence that the defendant is not likely to flee or pose a danger.  The court must also find that the delay in imposing the sentence will not unduly diminish the deterrent effect of the punishment or cause unreasonable trauma to the victims of the crime.  The appeal must raise a substantial question of law or fact.  The defendant must have to the extent of his or her financial ability undertaken to pay any financial obligations imposed.

A defendant convicted of a felony but not yet sentenced must be detained may be released pending sentencing unless the court determines based on clear and convincing evidence that the defendant is not likely to flee or pose a danger to the community.

Financial obligations imposed by the court bear interest until paid at the same rate as civil judgments.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute explicitly allow the use of bonds as a condition of release of a person convicted but awaiting sentencing and clarifies that the bond that a defendant may be required to post to assure compliance with financial obligations is a performance bond.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Prime Sponsor; Seth Dawson, Snohomish County Prosecutor; Lynn Wilcox, Victim's Advocate

House Committee - Testified Against:      David Allen, Washington Defender's Association and Washington Association of Criminal Defense Lawyers.

House Committee - Testimony For:    The current presumption that a defendant who has appealed a conviction must be released is not justified.  The public and victims have a right to expect that convicted persons will be detained unless there is a demonstration that the person is no danger.

House Committee - Testimony Against:      The standards proposed in the bill are ambiguous or meaningless.  There is a current procedure that assures that frivolous appeals are disposed of quickly.