Death penalty

AN ACT Relating to ensuring that offenders who are incarcerated 1
and commit murder may be charged with the death penalty; adding new 2
sections to chapter 10.95 RCW; and prescribing penalties.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 10.95 5
RCW to read as follows: 6
(1) If a person is charged with aggravated first degree murder 7
and the murder occurred while the person was already serving a term 8
of incarceration as provided in RCW 10.95.020(2), the prosecuting 9
attorney must forward a request for review along with all relevant 10
materials to the death penalty review panel as provided in section 2 11
of this act for a determination of whether the death penalty should 12
be sought. 13
(2) If a majority of the members of the death penalty review 14
panel recommend pursuing the death penalty, the prosecuting attorney 15
shall file written notice of a special sentencing proceeding to 16
determine whether or not the death penalty should be imposed.17
(3) The notice of special sentencing proceeding shall be filed 18
and served on the defendant or the defendant's attorney within 30 19
days after the defendant's arraignment upon the charge of aggravated 20
first degree murder unless the court, for good cause shown, extends 21
S-0152.1
SENATE BILL 5267
State of Washington 69th Legislature 2025 Regular Session
By Senators Wagoner and Fortunato
Read first time 01/14/25. Referred to Committee on Law & Justice.
p. 1 SB 5267
or reopens the period for filing and service of the notice. Except 1
with the consent of the prosecuting attorney, during the period in 2
which the prosecuting attorney may file the notice of special 3
sentencing proceeding, the defendant may not tender a plea of guilty 4
to the charge of aggravated first degree murder nor may the court 5
accept a plea of guilty to the charge of aggravated first degree 6
murder or any lesser included offense. 7
(4) If a notice of special sentencing proceeding is not filed and 8
served as provided in this section, the prosecuting attorney may not 9
request the death penalty. 10
NEW SECTION. Sec. 2. A new section is added to chapter 10.95 11
RCW to read as follows: 12
(1) A death penalty review panel is established. The panel 13
includes the following permanent members: 14
(a) Four prosecuting attorneys recommended by the Washington 15
association of prosecuting attorneys. Urban and rural areas must be 16
equally represented among the prosecuting attorneys;17
(b) The attorney general, or his or her designee; and18
(c) The secretary of the department of corrections, or his or her 19
designee. 20
(2) The prosecuting attorney from the county in which the murder 21
occurred shall serve as an ad hoc member of the panel.22
(3) Upon receipt of a request for review, the attorney general 23
shall convene a meeting of the death penalty review panel. The panel 24
shall review all materials submitted from the prosecuting attorney 25
and any materials submitted by defense counsel and shall make a 26
recommendation as to whether the death penalty should be sought after 27
considering: 28
(a) Whether there are sufficient mitigating circumstances to 29
merit leniency; 30
(b) Whether imposition of the death penalty measurably 31
contributes to the core purposes of retribution and deterrence of 32
capital crimes by prospective offenders; and 33
(c) Whether imposition of the death penalty meets the goal of 34
fairness and consistency in the criminal justice system.35
p. 2 SB 5267
(4) The panel shall memorialize its recommendation in a 1
memorandum and submit the recommendation to the prosecuting attorney 2
of the county in which the murder occurred. 3
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p. 3 SB 5267