Share to Facebook Share to Twitter Bookmark and Share
File #: 2010-0048    Version:
Type: Motion Status: Passed
File created: 1/18/2010 In control: Law, Justice, Health and Human Services Committee
On agenda: Final action: 2/16/2010
Enactment date: Enactment #: 13149
Title: A MOTION urging the Washington state Legislature to place before voters at the next general election a proposed amendment to Article I Section 20 of the state Constitution to exempt certain persons charged with offenses for which the maximum sentence is the possibility of life in prison from being bailable if proof is evident or the presumption great.
Sponsors: Reagan Dunn, Bob Ferguson
Indexes: Legislature, Washington, State of
Attachments: 1. 13149.pdf
Staff: Curry, Clifton
Drafter
Clerk 02/10/2010
Title
A MOTION urging the Washington state Legislature to place before voters at the next general election a proposed amendment to Article I Section 20 of the state Constitution to exempt certain persons charged with offenses for which the maximum sentence is the possibility of life in prison from being bailable if proof is evident or the presumption great.
Body
WHEREAS, Article 1, Section 20 of the Washington State Constitution states, "All persons charged with crime shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great," and
WHEREAS, RCW 10.88.350, enacted to implement the constitutional mandate, requires that unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such a sum as the judge deems proper, and
WHEREAS, bail bond agencies are licensed by the state and in order to represent clients, the bail bond agency owner and agents must be over twenty-one years old, have no felony convictions, have the business resident in Washington and have the financial resources to provide surety bonds, and
WHEREAS, because bail bond agencies are not responsible for any new crimes committed by clients and are only responsible for ensuring the defendant appears for court, the bail bond agencies have as their primary goal the financial protection of the surety bond issued for a defendant, rather than the protection of public safety, and
WHEREAS, On November 29, 2009, four Lakewood City police officers were murdered by an assailant who had a long history of felony charges and convictions, but nonetheless was released on bail, and
WHEREAS, the state constitutional mandate for bail in all cases except capital crimes has been in place and unchange...

Click here for full text