Published: Saturday, February 6, 2010
State House passes amendment allowing judges to deny bail
OLYMPIA — The Washington state House on Friday endorsed a proposed constitutional amendment that would expand judges' powers for denying bail.
The measure was passed on an 80-17 vote, and now heads to the Senate for further consideration. If approved by the Senate, voters would have the final say in November.
The amendment would let judges deny bail for a suspect if they are accused of a crime that carries a maximum sentence of life without the possibility of parole, and if they are determined as a threat to the public.
It was proposed by a law enforcement task force in response to the November shootings of four Lakewood police officers. The shooter had posted bail less than a week before the slayings.
Three representatives who also have worked as law enforcement officers spoke in favor of the bill, saying it could have kept accused shooter Maurice Clemmons in jail.
“This is the one piece of legislation that, had it been enacted, there are four police officers who would probably be alive today,” said Rep. Chris Hurst, D-Enumclaw, a sponsor of the bill who is a retired police officer.
Opponents of the bill said lawmakers should not rush to pass something as significant as a change to the state constitution. It would also affect suspects who are not a threat to the public, but do not understand the judicial system, said Rep. Sharon Nelson, D-Maury Island.
“Justice is a two-way street,” she said. “When we make a change to anything that affects our civil liberties, we must also look, I believe, at those who could be impacted who cannot really defend themselves.”
Last month, lawmakers heard testimony from the family members of the officers, along with members of the state's law enforcement community, urging them to amend the constitution. On Wednesday, the House approved other measures related to the police shootings, but held off on the amendment to allow further debate.
“This is the most important piece of legislation that many of us will vote on in our lives,” said Rep. Mike Hope, R-Lake Stevens, a sponsor of the bill who works as a Seattle police officer.
The original bill proposed by Gov. Chris Gregoire would have let judges deny bail if they determined that the suspect posed a public safety risk, but in order to get enough support in the House, the criteria was narrowed to those who would face a maximum sentence of life without the possibility of parole and if the suspect is considered dangerous.
Under current law, a judge can only order a suspect held without bail if they are charged with a capital offense.
Also passed Friday was a trailer bill that outlines how a judge will determine if the suspect is a threat to the community, such as the violent nature of the crime or a history of violence.
Killed in the Nov. 29 shooting were Lakewod police Sgt. Mark Renninger and officers Tina Griswold, Ronald Owens and Greg Richards. Clemmons had been arrested for child rape shortly before the shooting, and faced a potential life sentence under Washington state's “three strikes” law, but he was able to post bail.
Sponsors said that the release of dangerous suspects on bail has been a problem in law enforcement for decades. The amendment will protect victims and the public from violent criminals who should be in jail, they said.
“This Legislature needs to say that we will uphold the rights of citizens to not be victimized,” Hurst said.
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The constitutional amendment bill is House Joint Resolution 4220.
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On the Net:
Washington state Legislature: www.leg.wa.gov
The measure was passed on an 80-17 vote, and now heads to the Senate for further consideration. If approved by the Senate, voters would have the final say in November.
The amendment would let judges deny bail for a suspect if they are accused of a crime that carries a maximum sentence of life without the possibility of parole, and if they are determined as a threat to the public.
It was proposed by a law enforcement task force in response to the November shootings of four Lakewood police officers. The shooter had posted bail less than a week before the slayings.
Three representatives who also have worked as law enforcement officers spoke in favor of the bill, saying it could have kept accused shooter Maurice Clemmons in jail.
“This is the one piece of legislation that, had it been enacted, there are four police officers who would probably be alive today,” said Rep. Chris Hurst, D-Enumclaw, a sponsor of the bill who is a retired police officer.
Opponents of the bill said lawmakers should not rush to pass something as significant as a change to the state constitution. It would also affect suspects who are not a threat to the public, but do not understand the judicial system, said Rep. Sharon Nelson, D-Maury Island.
“Justice is a two-way street,” she said. “When we make a change to anything that affects our civil liberties, we must also look, I believe, at those who could be impacted who cannot really defend themselves.”
Last month, lawmakers heard testimony from the family members of the officers, along with members of the state's law enforcement community, urging them to amend the constitution. On Wednesday, the House approved other measures related to the police shootings, but held off on the amendment to allow further debate.
“This is the most important piece of legislation that many of us will vote on in our lives,” said Rep. Mike Hope, R-Lake Stevens, a sponsor of the bill who works as a Seattle police officer.
The original bill proposed by Gov. Chris Gregoire would have let judges deny bail if they determined that the suspect posed a public safety risk, but in order to get enough support in the House, the criteria was narrowed to those who would face a maximum sentence of life without the possibility of parole and if the suspect is considered dangerous.
Under current law, a judge can only order a suspect held without bail if they are charged with a capital offense.
Also passed Friday was a trailer bill that outlines how a judge will determine if the suspect is a threat to the community, such as the violent nature of the crime or a history of violence.
Killed in the Nov. 29 shooting were Lakewod police Sgt. Mark Renninger and officers Tina Griswold, Ronald Owens and Greg Richards. Clemmons had been arrested for child rape shortly before the shooting, and faced a potential life sentence under Washington state's “three strikes” law, but he was able to post bail.
Sponsors said that the release of dangerous suspects on bail has been a problem in law enforcement for decades. The amendment will protect victims and the public from violent criminals who should be in jail, they said.
“This Legislature needs to say that we will uphold the rights of citizens to not be victimized,” Hurst said.
———
The constitutional amendment bill is House Joint Resolution 4220.
———
On the Net:
Washington state Legislature: www.leg.wa.gov
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