Collateral attacks/criminal

AN ACT Relating to collateral attacks on judgment and sentence in 1
criminal cases; and amending RCW 10.73.090, 10.73.120, and 2.70.023.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 10.73.090 and 1989 c 395 s 1 are each amended to 4
read as follows: 5
(1) No petition or motion for collateral attack on a judgment and 6
sentence in a criminal case may be filed more than ((one year)) three 7
years after the judgment becomes final if the judgment and sentence 8
is valid on its face and was rendered by a court of competent 9
jurisdiction. 10
(2) For the purposes of this section, "collateral attack" means 11
any form of postconviction relief other than a direct appeal. 12
"Collateral attack" includes, but is not limited to, a personal 13
restraint petition, a habeas corpus petition, a motion to vacate 14
judgment, a motion to withdraw guilty plea, a motion for a new trial, 15
and a motion to arrest judgment. 16
(3) For the purposes of this section, a judgment becomes final on 17
the last of the following dates: 18
(a) The date it is filed with the clerk of the trial court;19
(b) The date that an appellate court issues its mandate disposing 20
of a timely direct appeal from the conviction; or 21
H-3025.1
HOUSE BILL 2595
State of Washington 69th Legislature 2026 Regular Session
By Representatives Peterson, Goodman, and Simmons
Read first time 01/20/26. Referred to Committee on Civil Rights &
Judiciary.
p. 1 HB 2595
(c) The date that the United States Supreme Court denies a timely 1
petition for certiorari to review a decision affirming the conviction 2
on direct appeal. The filing of a motion to reconsider denial of 3
certiorari does not prevent a judgment from becoming final.4
Sec. 2. RCW 10.73.120 and 1989 c 395 s 5 are each amended to 5
read as follows: 6
As soon as practicable after ((July 23, 1989)) the effective date 7
of this section , the department of corrections shall attempt to 8
advise the following persons of the time limit specified in RCW 9
10.73.090 and 10.73.100: Every person who, on ((July 23, 1989 )) the 10
effective date of this section , is serving a term of incarceration, 11
probation, parole, or community supervision pursuant to conviction of 12
a felony. 13
Sec. 3. RCW 2.70.023 and 2025 c 226 s 11 are each amended to 14
read as follows: 15
(1) Except as otherwise provided in this section, the office of 16
public defense shall not provide direct representation of clients.17
(2) In order to protect and preserve client rights when 18
administering the office's statutory duties to provide initial 19
telephonic or video consultation services, managing and supervising 20
attorneys of the office of public defense who meet applicable public 21
defense qualifications may provide limited short-term coverage for 22
the consultation services if office of public defense contracted 23
counsel is unavailable to provide the consultation services. The 24
office shall provide services in a manner consistent with the rules 25
of professional conduct, chapter 42.52 RCW, and applicable policies 26
of the office of public defense. 27
(3) The office of public defense may facilitate and supervise 28
placement of law clerks, externs, and interns with office of public 29
defense contracted counsel, in a manner consistent with the 30
Washington admission and practice rules, the rules of professional 31
conduct, chapter 42.52 RCW, and applicable policies of the office of 32
public defense. 33
(4) Employees of the office of public defense may provide pro 34
bono legal services in a manner consistent with the rules of 35
professional conduct, chapter 42.52 RCW, and applicable policies of 36
the office of public defense. The policies of the office of public 37
defense must require that employees providing pro bono legal services 38
p. 2 HB 2595
obtain and provide to the office a written statement, signed by any 1
pro bono client, acknowledging that: 2
(a) The pro bono legal services are provided by the employee 3
acting in the employee's personal capacity and not as an employee of 4
the office of public defense; and 5
(b) The state of Washington may not be held liable for any claim 6
arising from the provision of pro bono legal services by the 7
employees of the office of public defense. 8
The office of public defense shall retain the written statements 9
in a manner consistent with records relating to potential conflicts 10
of interest. 11
(5) The office of public defense shall provide public defense 12
services for indigent persons qualified for appointed counsel in 13
involuntary commitment cases under chapter 71.05 RCW at the request 14
of the health care authority on behalf of a county, either directly 15
or by contracting with persons admitted to practice law in this state 16
or organizations that employ persons admitted to practice law in this 17
state, using funds provided by the county pursuant to RCW 71.05.110.18
(6) The office of public defense may provide direct 19
representation of indigent adult or juvenile offenders who have a 20
right to counsel at state expense to prosecute or respond to a 21
collateral attack pursuant to RCW 10.73.150 and 2.70.020(1)(b).22
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p. 3 HB 2595