Wash. Supreme Court published opinion — 893900.pdf

Citation: Wash. Supreme Court published opinion — 893900.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/893900.pdf ↗

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WASH. CONST. art. I, § 20 (emphasis added).

This provision became the focus of attention m 2009, when Maurice

Clemmons shot and killed four police officers in Lakewood. Clemmons committed

his murders while out on bail for felony charges that could have resulted in life

imprisonment. In response to this tragedy, the legislature proposed a constitutional

amendment to article I, section 20 that would make bail more difficult to obtain for

a person awaiting trial for a crime that would be punishable by life in prison. The

amendment read, "Bail may be denied for offenses punishable by the possibility of

life in prison upon a showing by clear and convincing evidence of a propensity for

violence that creates a substantial likelihood of danger to the community or any

persons, subject to such limitations as shall be determined by the legislature."

ENGROSSED SUBSTITUTEH.J. Res. 4220, 61st Leg., Reg. Sess. (Wash. 2010). Voters

approved the constitutional amendment on November 2, 2010. WASH. CONST. art.

I, sec. 20.

A further result of the Lakewood tragedy was that the legislature convened a

bail practices work group "to study bail practices and procedures" in a

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"comprehensive and well-considered manner," and "report its findings and

recommendations to the Washington state supreme court, the governor, and

appropriate committees of the legislature." LAWS OF 2010, ch. 256, §§ 1, 2(6).

During the legislature's review of a bill introduced as a result of the group's work,

an amendment was proposed that would have required five percent of the bond

amount be collected by a bail bondsman before the accused could be released. See