10.77.260 - Violent act -- Presumptions. - Washington Statutes

Violent act — Presumptions.

(1) In determining whether a defendant has committed a violent act the court must:

     (a) Presume that a past conviction, guilty plea, or finding of not guilty by reason of insanity establishes the elements necessary for the crime charged;

     (b) Consider that the elements of a crime may not be sufficient in themselves to establish that the defendant committed a violent act; and

     (c) Presume that the facts underlying the elements, if unrebutted, are sufficient to establish that the defendant committed a violent act.

     (2) The presumptions in subsection (1) of this section are rebuttable.

     (3) In determining the facts underlying the elements of any crime under subsection (1) of this section, the court may consider information including, but not limited to, the following material relating to the crime:

     (a) Affidavits or declarations made under penalty of perjury;

     (b) Criminal history record information, as defined in chapter 10.97 RCW; and

     (c) Its own or certified copies of another court's records such as criminal complaints, certifications of probable cause to detain, dockets, and orders on judgment and sentencing.

[2000 c 74 § 5.]

Notes: Severability -- 2000 c 74: See note following RCW 10.77.060.