10.95.120 - Information report -- Form -- Contents -- Submission to supreme court, defendant, prosecuting attorney.

Information report — Form — Contents — Submission to supreme court, defendant, prosecuting attorney.

In all cases in which a person is convicted of aggravated first degree murder, the trial court shall, within thirty days after the entry of the judgment and sentence, submit a report to the clerk of the supreme court of Washington, to the defendant or his or her attorney, and to the prosecuting attorney which provides the information specified under subsections (1) through (8) of this section. The report shall be in the form of a standard questionnaire prepared and supplied by the supreme court of Washington and shall include the following:

     (1) Information about the defendant, including the following:

     (a) Name, date of birth, gender, marital status, and race and/or ethnic origin;

     (b) Number and ages of children;

     (c) Whether his or her parents are living, and date of death where applicable;

     (d) Number of children born to his or her parents;

     (e) The defendant's educational background, intelligence level, and intelligence quotient;

     (f) Whether a psychiatric evaluation was performed, and if so, whether it indicated that the defendant was:

     (i) Able to distinguish right from wrong;

     (ii) Able to perceive the nature and quality of his or her act; and

     (iii) Able to cooperate intelligently with his or her defense;

     (g) Any character or behavior disorders found or other pertinent psychiatric or psychological information;

     (h) The work record of the defendant;

     (i) A list of the defendant's prior convictions including the offense, date, and sentence imposed; and

     (j) The length of time the defendant has resided in Washington and the county in which he or she was convicted.

     (2) Information about the trial, including:

     (a) The defendant's plea;

     (b) Whether defendant was represented by counsel;

     (c) Whether there was evidence introduced or instructions given as to defenses to aggravated first degree murder, including excusable homicide, justifiable homicide, insanity, duress, entrapment, alibi, intoxication, or other specific defense;

     (d) Any other offenses charged against the defendant and tried at the same trial and whether they resulted in conviction;

     (e) What aggravating circumstances were alleged against the defendant and which of these circumstances was found to have been applicable; and

     (f) Names and charges filed against other defendant(s) if tried jointly and disposition of the charges.

     (3) Information concerning the special sentencing proceeding, including:

     (a) The date the defendant was convicted and date the special sentencing proceeding commenced;

     (b) Whether the jury for the special sentencing proceeding was the same jury that returned the guilty verdict, providing an explanation if it was not;

     (c) Whether there was evidence of mitigating circumstances;

     (d) Whether there was, in the court's opinion, credible evidence of the mitigating circumstances as provided in RCW 10.95.070;

     (e) The jury's answer to the question posed in RCW 10.95.060(4);

     (f) The sentence imposed.

     (4) Information about the victim, including:

     (a) Whether he or she was related to the defendant by blood or marriage;

     (b) The victim's occupation and whether he or she was an employer or employee of the defendant;

     (c) Whether the victim was acquainted with the defendant, and if so, how well;

     (d) The length of time the victim resided in Washington and the county;

     (e) Whether the victim was the same race and/or ethnic origin as the defendant;

     (f) Whether the victim was the same sex as the defendant;

     (g) Whether the victim was held hostage during the crime and if so, how long;

     (h) The nature and extent of any physical harm or torture inflicted upon the victim prior to death;

     (i) The victim's age; and

     (j) The type of weapon used in the crime, if any.

     (5) Information about the representation of the defendant, including:

     (a) Date counsel secured;

     (b) Whether counsel was retained or appointed, including the reason for appointment;

     (c) The length of time counsel has practiced law and nature of his or her practice; and

     (d) Whether the same counsel served at both the trial and special sentencing proceeding, and if not, why not.

     (6) General considerations, including:

     (a) Whether the race and/or ethnic origin of the defendant, victim, or any witness was an apparent factor at trial;

     (b) What percentage of the county population is the same race and/or ethnic origin of the defendant;

     (c) Whether members of the defendant's or victim's race and/or ethnic origin were represented on the jury;

     (d) Whether there was evidence that such members were systematically excluded from the jury;

     (e) Whether the sexual orientation of the defendant, victim, or any witness was a factor in the trial;

     (f) Whether any specific instruction was given to the jury to exclude race, ethnic origin, or sexual orientation as an issue;

     (g) Whether there was extensive publicity concerning the case in the community;

     (h) Whether the jury was instructed to disregard such publicity;

     (i) Whether the jury was instructed to avoid any influence of passion, prejudice, or any other arbitrary factor when considering its verdict or its findings in the special sentencing proceeding;

     (j) The nature of the evidence resulting in such instruction; and

     (k) General comments of the trial judge concerning the appropriateness of the sentence considering the crime, defendant, and other relevant factors.

     (7) Information about the chronology of the case, including the date that:

     (a) The defendant was arrested;

     (b) Trial began;

     (c) The verdict was returned;

     (d) Post-trial motions were ruled on;

     (e) Special sentencing proceeding began;

     (f) Sentence was imposed;

     (g) Trial judge's report was completed; and

     (h) Trial judge's report was filed.

     (8) The trial judge shall sign and date the questionnaire when it is completed.

[1981 c 138 § 12.]