reglab/housing_qa huggingface dataset:
WA Rev Code § 10.93.140 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act.|10.93.140 - State patrol, fish and wildlife exempted.

RCW 10.93.140 State patrol, fish and wildlife exempted.This chapter does not limit the scope of jurisdiction and authority of the Washington state patrol and the department of fish and wildlife as otherwise provided by law, and these agencies shall not be bound by the reporting requirements of RCW 10.93.030.[ 2002 c 128 § 2; 1985 c 89 § 14.]
WA Rev Code § 10.93.150 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act.|10.93.150 - Law enforcement disciplinary actions—Potential impeachment list.

RCW 10.93.150 Law enforcement disciplinary actions—Potential impeachment list.A disciplinary action or any other adverse personnel action may not be undertaken by a law enforcement agency against a peace officer solely because that officer's name has been placed on a list maintained by a prosecuting attorney's office of recurring witnesses for whom there is known potential impeachment information, or that the officer's name may otherwise be subject to disclosure pursuant to Brady v. Maryland, 373 U.S. 83 (1963). This section does not prohibit a law enforcement agency from taking disciplinary action or any other adverse personnel action against a peace officer based on the underlying acts or omissions for which that officer's name was placed on a prosecutor-maintained list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland, 373 U.S. 83 (1963), if the actions taken by the law enforcement agency otherwise conform to the rules and procedures adopted by the law enforcement agency as determined through collective bargaining.[ 2018 c 265 § 2.]NOTES:Intent—2018 c 265: "The United States supreme court has consistently found that prosecutors have the duty to disclose potentially exculpatory evidence to defense attorneys prior to trial. Some of the information that is being disclosed about government witnesses, often law enforcement officers, has not been substantiated or proven to any degree. This act prohibits a law enforcement agency from taking punitive action against a peace officer solely because the officer's name was placed on a potential impeachment list. This act specifically does not prohibit a law enforcement agency from taking punitive or personnel action against a peace officer based on the underlying acts or omissions for which that officer's name was placed on the list." [ 2018 c 265 § 1.]
WA Rev Code § 10.93.170 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act.|10.93.170 - Applicants—Authorization to obtain information from prior employer.

RCW 10.93.170 Applicants—Authorization to obtain information from prior employer.A general authority Washington law enforcement agency or limited authority Washington law enforcement agency is prohibited from considering the application for any office, place, position, or employment within the agency if the applicant has not provided the agency a document, voluntarily and knowingly signed by the applicant, that authorizes each prior employer to release any and all information relating to the applicant's employment, and further releasing and holding harmless the agency and each prior employer from any and all liability that may potentially result from the release and use of such information provided.[ 2021 c 323 § 30.]
WA Rev Code § 10.93.190 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act.|10.93.190 - Peace officers duty to intervene.

RCW 10.93.190 Peace officers duty to intervene.(1) Any identifiable on-duty peace officer who witnesses another peace officer engaging or attempting to engage in the use of excessive force against another person shall intervene when in a position to do so to end the use of excessive force or attempted use of excessive force, or to prevent the further use of excessive force. A peace officer shall also render aid at the earliest safe opportunity in accordance with RCW 36.28A.445, to any person injured as a result of the use of force.(2) Any identifiable on-duty peace officer who witnesses any wrongdoing committed by another peace officer, or has a good faith reasonable belief that another peace officer committed wrongdoing, shall report such wrongdoing to the witnessing officer's supervisor or other supervisory peace officer in accordance with the witnessing peace officer's employing agency's policies and procedures for reporting such acts committed by a peace officer.(3) A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer for intervening in good faith or for reporting wrongdoing in good faith as required by this section.(4) A law enforcement agency shall send notice to the criminal justice training commission of any disciplinary decision resulting from a peace officer's failure to intervene or failure to report as required by this section to determine whether the officer's conduct may be grounds for suspension or revocation of certification under RCW 43.101.105.(5) For purposes of this section:(a) "Excessive force" means force that exceeds the force permitted by law or policy of the witnessing officer's agency.(b) "Peace officer" refers to any general authority Washington peace officer.(c) "Wrongdoing" means conduct that is contrary to law or contrary to the policies of the witnessing officer's agency, provided that the conduct is not de minimis or technical in nature.[ 2021 c 321 § 1.]
WA Rev Code § 10.93.900 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.93 - Washington Mutual Aid Peace Officers Powers Act.|10.93.900 - Effective date—1985 c 89.

RCW 10.93.900 Effective date—1985 c 89.This act shall take effect July 1, 1985.[ 1985 c 89 § 17.]
WA Rev Code § 10.95.010 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.95 - Capital Punishment—Aggravated First Degree Murder.|10.95.010 - Court rules.

RCW 10.95.010 Court rules.No rule promulgated by the supreme court of Washington pursuant to RCW 2.04.190 and 2.04.200, now or in the future, shall be construed to supersede or alter any of the provisions of this chapter.[ 1981 c 138 § 1.]
WA Rev Code § 10.95.035 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.95 - Capital Punishment—Aggravated First Degree Murder.|10.95.035 - Return of persons to sentencing court if sentenced prior to June 1, 2014, under this chapter or any prior law, for a term of life without the possibility of parole for an offense committed prior to eighteenth birthday.

RCW 10.95.035 Return of persons to sentencing court if sentenced prior to June 1, 2014, under this chapter or any prior law, for a term of life without the possibility of parole for an offense committed prior to eighteenth birthday.(1) A person, who was sentenced prior to June 1, 2014, under this chapter or any prior law, to a term of life without the possibility of parole for an offense committed prior to their eighteenth birthday, shall be returned to the sentencing court or the sentencing court's successor for sentencing consistent with RCW 10.95.030. Release and supervision of a person who receives a minimum term of less than life will be governed by RCW 10.95.030.(2) The court shall provide an opportunity for victims and survivors of victims of any crimes for which the offender has been convicted to present a statement personally or by representation.(3) The court's order setting a minimum term is subject to review to the same extent as a minimum term decision by the parole board before July 1, 1986.(4) A resentencing under this section shall not reopen the defendant's conviction to challenges that would otherwise be barred by RCW 10.73.090, 10.73.100, 10.73.140, or other procedural barriers.[ 2015 c 134 § 7; 2014 c 130 § 11.]NOTES:Effective date—2015 c 134: See note following RCW 9.94A.501.Effective date—2014 c 130: See note following RCW 9.94A.510.
WA Rev Code § 10.95.040 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.95 - Capital Punishment—Aggravated First Degree Murder.|10.95.040 - Special sentencing proceeding—Notice—Filing—Service.

RCW 10.95.040 Special sentencing proceeding—Notice—Filing—Service.(1) If a person is charged with aggravated first degree murder as defined by RCW 10.95.020, the prosecuting attorney shall file written notice of a special sentencing proceeding to determine whether or not the death penalty should be imposed when there is reason to believe that there are not sufficient mitigating circumstances to merit leniency.(2) The notice of special sentencing proceeding shall be filed and served on the defendant or the defendant's attorney within thirty days after the defendant's arraignment upon the charge of aggravated first degree murder unless the court, for good cause shown, extends or reopens the period for filing and service of the notice. Except with the consent of the prosecuting attorney, during the period in which the prosecuting attorney may file the notice of special sentencing proceeding, the defendant may not tender a plea of guilty to the charge of aggravated first degree murder nor may the court accept a plea of guilty to the charge of aggravated first degree murder or any lesser included offense.(3) If a notice of special sentencing proceeding is not filed and served as provided in this section, the prosecuting attorney may not request the death penalty.[ 1981 c 138 § 4.]
WA Rev Code § 10.95.050 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.95 - Capital Punishment—Aggravated First Degree Murder.|10.95.050 - Special sentencing proceeding—When held—Jury to decide matters presented—Waiver—Reconvening same jury—Impanelling new jury—Peremptory challenges.

RCW 10.95.050 Special sentencing proceeding—When held—Jury to decide matters presented—Waiver—Reconvening same jury—Impanelling new jury—Peremptory challenges.(1) If a defendant is adjudicated guilty of aggravated first degree murder, whether by acceptance of a plea of guilty, by verdict of a jury, or by decision of the trial court sitting without a jury, a special sentencing proceeding shall be held if a notice of special sentencing proceeding was filed and served as provided by RCW 10.95.040. No sort of plea, admission, or agreement may abrogate the requirement that a special sentencing proceeding be held.(2) A jury shall decide the matters presented in the special sentencing proceeding unless a jury is waived in the discretion of the court and with the consent of the defendant and the prosecuting attorney.(3) If the defendant's guilt was determined by a jury verdict, the trial court shall reconvene the same jury to hear the special sentencing proceeding. The proceeding shall commence as soon as practicable after completion of the trial at which the defendant's guilt was determined. If, however, unforeseen circumstances make it impracticable to reconvene the same jury to hear the special sentencing proceeding, the trial court may dismiss that jury and convene a jury pursuant to subsection (4) of this section.(4) If the defendant's guilt was determined by plea of guilty or by decision of the trial court sitting without a jury, or if a retrial of the special sentencing proceeding is necessary for any reason including but not limited to a mistrial in a previous special sentencing proceeding or as a consequence of a remand from an appellate court, the trial court shall impanel a jury of twelve persons plus whatever alternate jurors the trial court deems necessary. The defense and prosecution shall each be allowed to peremptorily challenge twelve jurors. If there is more than one defendant, each defendant shall be allowed an additional peremptory challenge and the prosecution shall be allowed a like number of additional challenges. If alternate jurors are selected, the defense and prosecution shall each be allowed one peremptory challenge for each alternate juror to be selected and if there is more than one defendant each defendant shall be allowed an additional peremptory challenge for each alternate juror to be selected and the prosecution shall be allowed a like number of additional challenges.[ 1981 c 138 § 5.]
WA Rev Code § 10.95.060 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.95 - Capital Punishment—Aggravated First Degree Murder.|10.95.060 - Special sentencing proceeding—Jury instructions—Opening statements—Evidence—Arguments—Question for jury.

RCW 10.95.060 Special sentencing proceeding—Jury instructions—Opening statements—Evidence—Arguments—Question for jury.(1) At the commencement of the special sentencing proceeding, the trial court shall instruct the jury as to the nature and purpose of the proceeding and as to the consequences of its decision, as provided in RCW 10.95.030.(2) At the special sentencing proceeding both the prosecution and defense shall be allowed to make an opening statement. The prosecution shall first present evidence and then the defense may present evidence. Rebuttal evidence may be presented by each side. Upon conclusion of the evidence, the court shall instruct the jury and then the prosecution and defense shall be permitted to present argument. The prosecution shall open and conclude the argument.(3) The court shall admit any relevant evidence which it deems to have probative value regardless of its admissibility under the rules of evidence, including hearsay evidence and evidence of the defendant's previous criminal activity regardless of whether the defendant has been charged or convicted as a result of such activity. The defendant shall be accorded a fair opportunity to rebut or offer any hearsay evidence.In addition to evidence of whether or not there are sufficient mitigating circumstances to merit leniency, if the jury sitting in the special sentencing proceeding has not heard evidence of the aggravated first degree murder of which the defendant stands convicted, both the defense and prosecution may introduce evidence concerning the facts and circumstances of the murder.(4) Upon conclusion of the evidence and argument at the special sentencing proceeding, the jury shall retire to deliberate upon the following question: "Having in mind the crime of which the defendant has been found guilty, are you convinced beyond a reasonable doubt that there are not sufficient mitigating circumstances to merit leniency?"In order to return an affirmative answer to the question posed by this subsection, the jury must so find unanimously.[ 1981 c 138 § 6.]
WA Rev Code § 10.95.070 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.95 - Capital Punishment—Aggravated First Degree Murder.|10.95.070 - Special sentencing proceeding—Factors which jury may consider in deciding whether leniency merited.

RCW 10.95.070 Special sentencing proceeding—Factors which jury may consider in deciding whether leniency merited.In deciding the question posed by RCW 10.95.060(4), the jury, or the court if a jury is waived, may consider any relevant factors, including but not limited to the following:(1) Whether the defendant has or does not have a significant history, either as a juvenile or an adult, of prior criminal activity;(2) Whether the murder was committed while the defendant was under the influence of extreme mental disturbance;(3) Whether the victim consented to the act of murder;(4) Whether the defendant was an accomplice to a murder committed by another person where the defendant's participation in the murder was relatively minor;(5) Whether the defendant acted under duress or domination of another person;(6) Whether, at the time of the murder, the capacity of the defendant to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of law was substantially impaired as a result of mental disease or defect. However, a person found to have an intellectual disability under RCW 10.95.030(2) may in no case be sentenced to death;(7) Whether the age of the defendant at the time of the crime calls for leniency; and(8) Whether there is a likelihood that the defendant will pose a danger to others in the future.[ 2010 c 94 § 4; 1993 c 479 § 2; 1981 c 138 § 7.]NOTES:Purpose—2010 c 94: See note following RCW 44.04.280.
WA Rev Code § 10.95.080 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.95 - Capital Punishment—Aggravated First Degree Murder.|10.95.080 - When sentence to death or sentence to life imprisonment shall be imposed.

RCW 10.95.080 When sentence to death or sentence to life imprisonment shall be imposed.(1) If a jury answers affirmatively the question posed by RCW 10.95.060(4), or when a jury is waived as allowed by RCW 10.95.050(2) and the trial court answers affirmatively the question posed by RCW 10.95.060(4), the defendant shall be sentenced to death. The trial court may not suspend or defer the execution or imposition of the sentence.(2) If the jury does not return an affirmative answer to the question posed in RCW 10.95.060(4), the defendant shall be sentenced to life imprisonment as provided in RCW 10.95.030(1).[ 1981 c 138 § 8.]
WA Rev Code § 10.95.090 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.95 - Capital Punishment—Aggravated First Degree Murder.|10.95.090 - Sentence if death sentence commuted, held invalid, or if death sentence established by chapter held invalid.

RCW 10.95.090 Sentence if death sentence commuted, held invalid, or if death sentence established by chapter held invalid.If any sentence of death imposed pursuant to this chapter is commuted by the governor, or held to be invalid by a final judgment of a court after all avenues of appeal have been exhausted by the parties to the action, or if the death penalty established by this chapter is held to be invalid by a final judgment of a court which is binding on all courts in the state, the sentence for aggravated first degree murder if there was an affirmative response to the question posed by RCW 10.95.060(4) shall be life imprisonment as provided in RCW 10.95.030(1).[ 1981 c 138 § 9.]
WA Rev Code § 10.95.100 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.95 - Capital Punishment—Aggravated First Degree Murder.|10.95.100 - Mandatory review of death sentence by supreme court—Notice—Transmittal—Contents of notice—Jurisdiction.

RCW 10.95.100 Mandatory review of death sentence by supreme court—Notice—Transmittal—Contents of notice—Jurisdiction.Whenever a defendant is sentenced to death, upon entry of the judgment and sentence in the trial court the sentence shall be reviewed on the record by the supreme court of Washington.Within ten days of the entry of a judgment and sentence imposing the death penalty, the clerk of the trial court shall transmit notice thereof to the clerk of the supreme court of Washington and to the parties. The notice shall include the caption of the case, its cause number, the defendant's name, the crime or crimes of which the defendant was convicted, the sentence imposed, the date of entry of judgment and sentence, and the names and addresses of the attorneys for the parties. The notice shall vest with the supreme court of Washington the jurisdiction to review the sentence of death as provided by this chapter. The failure of the clerk of the trial court to transmit the notice as required shall not prevent the supreme court of Washington from conducting the sentence review as provided by chapter 138, Laws of 1981.[ 1981 c 138 § 10.]
WA Rev Code § 10.95.110 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.95 - Capital Punishment—Aggravated First Degree Murder.|10.95.110 - Verbatim report of trial proceedings—Preparation—Transmittal to supreme court—Clerk's papers—Receipt.

RCW 10.95.110 Verbatim report of trial proceedings—Preparation—Transmittal to supreme court—Clerk's papers—Receipt.(1) Within ten days after the entry of a judgment and sentence imposing the death penalty, the clerk of the trial court shall cause the preparation of a verbatim report of the trial proceedings to be commenced.(2) Within five days of the filing and approval of the verbatim report of proceedings, the clerk of the trial court shall transmit such verbatim report of proceedings together with copies of all of the clerk's papers to the clerk of the supreme court of Washington. The clerk of the supreme court of Washington shall forthwith acknowledge receipt of these documents by providing notice of receipt to the clerk of the trial court, the defendant or his or her attorney, and the prosecuting attorney.[ 1981 c 138 § 11.]
WA Rev Code § 10.95.130 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.95 - Capital Punishment—Aggravated First Degree Murder.|10.95.130 - Questions posed for determination by supreme court in death sentence review—Review in addition to appeal—Consolidation of review and appeal.

RCW 10.95.130 Questions posed for determination by supreme court in death sentence review—Review in addition to appeal—Consolidation of review and appeal.(1) The sentence review required by RCW 10.95.100 shall be in addition to any appeal. The sentence review and an appeal shall be consolidated for consideration. The defendant and the prosecuting attorney may submit briefs within the time prescribed by the court and present oral argument to the court.(2) With regard to the sentence review required by chapter 138, Laws of 1981, the supreme court of Washington shall determine:(a) Whether there was sufficient evidence to justify the affirmative finding to the question posed by RCW 10.95.060(4); and(b) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant. For the purposes of this subsection, "similar cases" means cases reported in the Washington Reports or Washington Appellate Reports since January 1, 1965, in which the judge or jury considered the imposition of capital punishment regardless of whether it was imposed or executed, and cases in which reports have been filed with the supreme court under RCW 10.95.120; (c) Whether the sentence of death was brought about through passion or prejudice; and(d) Whether the defendant had an intellectual disability within the meaning of RCW 10.95.030(2).[ 2010 c 94 § 5; 1993 c 479 § 3; 1981 c 138 § 13.]NOTES:Purpose—2010 c 94: See note following RCW 44.04.280.
WA Rev Code § 10.95.140 (2021)
2021 Revised Code of Washington|Title 10 - Criminal Procedure|Chapter 10.95 - Capital Punishment—Aggravated First Degree Murder.|10.95.140 - Invalidation of sentence, remand for resentencing—Affirmation of sentence, remand for execution.

RCW 10.95.140 Invalidation of sentence, remand for resentencing—Affirmation of sentence, remand for execution.Upon completion of a sentence review:(1) The supreme court of Washington shall invalidate the sentence of death and remand the case to the trial court for resentencing in accordance with RCW 10.95.090 if:(a) The court makes a negative determination as to the question posed by RCW 10.95.130(2)(a); or(b) The court makes an affirmative determination as to any of the questions posed by RCW 10.95.130(2) (b), (c), or (d).(2) The court shall affirm the sentence of death and remand the case to the trial court for execution in accordance with RCW 10.95.160 if:(a) The court makes an affirmative determination as to the question posed by RCW 10.95.130(2)(a); and(b) The court makes a negative determination as to the questions posed by RCW 10.95.130(2) (b), (c), and (d).[ 1993 c 479 § 4; 1981 c 138 § 14.]