Washington Code 10.77.260 – Violent act — Presumptions
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(1) In determining whether a defendant has committed a violent act the court must:
Terms Used In Washington Code 10.77.260
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- detain: means the lawful confinement of a person, under the provisions of this chapter, pending evaluation. See Washington Code 10.77.010
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Violent act: means behavior that: (a)(i) Resulted in; (ii) if completed as intended would have resulted in; or (iii) was threatened to be carried out by a person who had the intent and opportunity to carry out the threat and would have resulted in, homicide, nonfatal injuries, or substantial damage to property; or (b) recklessly creates an immediate risk of serious physical injury to another person. See Washington Code 10.77.010
(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.