Walla Walla Union-Bulletin
Sunday, June 27,1976
7
New state criminal code to go into effect July 1 OLYMP1A, Wash. (AP) - Next month, the specter of the hangman returns to Washington state. A new set of criminal codes goes into effect July 1 - and one of them, passed by the voters last fall, mandates death by hanging for aggravated first degree murder. The state of Washington was just 20 years old when the current Criminal Code was placed on the books in 1909 After a decade of deliberations the first major rewrite since the horse and buggy days not only reimposed capital punishment, it legalizes private sexual activity between consenting adults with the exception of prostitution. Professionals in the criminal justice field, including defense lawyers prosecuting attorneys, law enforcement officers and judges, are scrambling to be ready for the switch in laws. Most observers say, however, that the average citizen won't notice much difference.
Washington is one of more than 35 states that have enacted new death penalty laws in the wake of a 1972 Supreme Court decision. The court ruled that capital punishment laws then on the books violated the.Constitution. The Supreme Court is presently hearing arguments that the new laws are unconstitutional. At Washington State Penitentiary in Walla Walla, prison officials have been restoring Death Row, buying rope and new equipment for the execution room — and arranging for someone to be hangman. The hangman's identity is secret. Aggravated first degree murder included situations where the victim was an on-duty law enforcement officer or fireman: the murderer was a hired killer, prison inmate or a person trying to conceal the commission of a crime. It also includes cases of mass slayings, murder" cases involving rape or kidnap or flight from the scene of such a crime
Professionals in the criminal justice field are scrambling to be ready for the switch in laws and 'instances in which a person was killed so he or she could not testify against the criminal. Under the new law, the governor could commute the death sentence to life imprisonment, but there could never be parole or release for any reason. All references to private sexual activity — heterosexual and homosexual — between consenting adults, except prostitution have been deleted from the list of crimes. Adultery and patronizing a prostitute will no longer be illegal. The practical effect will be minimal b e c a u s e t h e r e h a v e been f e w prosecutions in that area, authorities say. The new code takes a dim view of pimping. The act of prostitution is considered a misdemeanor, but
promoting prostitution will be a felony. Homosexual solicitation is newly included under the prostitution laws. Age of consent for sexual activity is lowered from 18 to 16. In perhaps a Watergate-related backlash, the code also provides for stiffer penalties for crimes by public officials. Definitions have been broadened for such crimes as misappropriation of government funds and use of government property for one's own benefit. A new section catches a person who tries to avoid prosecution for bribery by masking his payments as for services rendered. There have been wholesale changes in definition of terms relating to crimes.
Some new terminology has been written. There will no longer be the crimes of grand and petit larceny, for instance, but only degrees of theft. Theft of $250 or less will be considered a misdemeanor. The old figure was $75 "We're changing a lot of words, but the impact_is mostly internal, on those of us in the "field," says Phil Killien, deputyprosecuting attorney for King County. "We'll have to work up new language for charging, and new jury instructions and so on." Prosecutors and their staffs have been holding training seminars, as have law enforcement agencies. "There will be some problems in the first few years, since a lot of the professionals are used to working with the old code." said Ally. Gen. Slade Gorton. "But I honestly feel that in. say. 1977. people will feel it's easier to operate under." The new code has been praised by
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Prof. Arval Morris of the University of Washington Law School as "neither outdated nor burdened by an inconsistent legacy of the past which offers the outdated solutions of yesterday for today's and tomorrow's problems " But Morris added- "No one anywhere should have the misimpression that the code is too innovative, radical or novel "The exact opposite is true. It is a needed step in the right direction, but only one, short step." Olympia attorney Gerald Mooney wonders about the consistency of the new code. "Why. for example, is first degree m a n s l a u g h t e r , a Class B f e l o n y , considered less serious than first degree burglary, a Class A felony''" he asks. "Why is reckless endangerment. a gross misdemeanor, less serious than promoting prostitution?" But Mooney still calls the code "a substantial, perhaps even magnificent accomplishment."
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robbery: and first degree malicious mischief, theft, extortion, possession of stolen property, perjury, escape, introducing contraband and promoting prostitution. Class C felonies, punishable by a maximum prison term of five years and/or a fine of up to 55,000. include: second degree manslaughter, malicious mischief, theft, extortion, perjury, introducing contraband, and promoting prostitution: and third degree assault. Gross misdemeanors, punishable by up to one year in county jail and/or a fine of up to $1.000. will include: assault, reckless endangerment. coercion, custodial interference, vehicle prowling, making or having burglary tools, unlawful issuance of checks, and obscuring the identity of a machine. Misdemeanors. punishable by up to 90 days in jail and/or a fine of up to S500. are criminal trespass, obstructing a public servant, resisting arrest. refusing to summon aid for a peace officer: and third degree rendering criminal assistance, malicious mischief and introducing contraband.
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OLYMPIA. Wash lAPi — Here are the new categories of crime — and punishment —in Washington state as of July 1: Class A felonies, punishable by 20 years to life imprisonment and-or a fine of up to S10.0001 first degree murder (death penalty is required if the murder were "aggravated"), second degree murder, and first degree assault, kidnaping, arson, burglary, robbery, and bail jumping if the person was held for charged with or convicted of first degree murder. Class B felonies, punishable by up to 10 years in prison andor a fine of up to S10.000. will include first degree manslaughter, second degree assault, kidnaping, arson, burglary and
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