Revised Code of Washington
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.]

Structure Revised Code of Washington

Revised Code of Washington

Title 10 - Criminal Procedure

Chapter 10.95 - Capital Punishment—Aggravated First Degree Murder.

10.95.010 - Court rules.

10.95.020 - Definition.

10.95.030 - Sentences for 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.

10.95.040 - Special sentencing proceeding—Notice—Filing—Service.

10.95.050 - Special sentencing proceeding—When held—Jury to decide matters presented—Waiver—Reconvening same jury—Impanelling new jury—Peremptory challenges.

10.95.060 - Special sentencing proceeding—Jury instructions—Opening statements—Evidence—Arguments—Question for jury.

10.95.070 - Special sentencing proceeding—Factors which jury may consider in deciding whether leniency merited.

10.95.080 - When sentence to death or sentence to life imprisonment shall be imposed.

10.95.090 - Sentence if death sentence commuted, held invalid, or if death sentence established by chapter held invalid.

10.95.100 - Mandatory review of death sentence by supreme court—Notice—Transmittal—Contents of notice—Jurisdiction.

10.95.110 - Verbatim report of trial proceedings—Preparation—Transmittal to supreme court—Clerk's papers—Receipt.

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

10.95.130 - Questions posed for determination by supreme court in death sentence review—Review in addition to appeal—Consolidation of review and appeal.

10.95.140 - Invalidation of sentence, remand for resentencing—Affirmation of sentence, remand for execution.

10.95.150 - Time limit for appellate review of death sentence and filing opinion.

10.95.160 - Death warrant—Issuance—Form—Time for execution of judgment and sentence.

10.95.170 - Imprisonment of defendant.

10.95.180 - Death penalty—How executed.

10.95.185 - Witnesses.

10.95.190 - Death warrant—Record—Return to trial court.

10.95.200 - Proceedings for failure to execute on day named.

10.95.901 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.