Senate committee considers death penalty legislation

OLYMPIA – Concerned that the death penalty may be applied inconsistently, the Senate Judiciary Committee yesterday heard testimony on two bills that could change Washington’s current law.

“The Gary Ridgeway case raised concerns from people on both sides of the death penalty debate,” said Senate Judiciary Committee chair Adam Kline, D-Seattle. “It is simply an issue of justice.”

Senate Bill 5786, sponsored by Kline, would create a 14-member death penalty task force to determine:

• uniformity of decision making by prosecutors;
• impact of race, ethnicity, gender, and economic status;
• whether the death penalty is applied randomly or arbitrarily;
• costs associated with capital trials and appeals; and
• whether revisions to existing statutes and court rules would decrease the likelihood of an inappropriate imposition of the death penalty.

The task force would be required to report its findings by January 1, 2008.

Senate Bill 5787, also sponsored by Kline, would remove eligibility for the death penalty for persons who suffer from mental retardation or have a severe mental disorder, as defined in statute.

“There are fundamental questions that need to be asked,” Kline said. “Are the most heinous criminals those who are being put to death? Are we in danger of executing someone so mentally ill that he can’t understand the nature of his actions?”

Testimony was overwhelmingly in support of the two measures, which must be approved by the Judiciary Committee by Feb. 28 in order to proceed through the legislative process. The session is scheduled to end on April 22.

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