Wrongly convicted persons

AN ACT Relating to reforming the wrongly convicted persons act; 1
amending RCW 4.100.030, 4.100.040, 4.100.050, 4.100.060, 4.100.070, 2
4.100.080, 4.100.090, and 28B.15.395; adding a new section to chapter 3
4.100 RCW; and repealing RCW 4.100.020. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. A new section is added to chapter 4.100 6
RCW to read as follows: 7
The definitions in this section apply throughout this chapter 8
unless the context clearly requires otherwise. 9
(1) "Actually innocent" describes a person who did not engage in 10
the conduct that is the basis for a felony charged in the charging 11
document. 12
(2) "Significant new exculpatory information" means any 13
information, without regard to its admissibility in court, that:14
(a) Supports or is consistent with a person's claim they were 15
wrongly convicted; and 16
(b) Was not considered by the finder of fact at trial or in a 17
plea hearing before conviction. 18
(3) "Wrongly convicted" means a person who was charged, 19
convicted, and imprisoned for one or more felonies of which he or she 20
is actually innocent. 21
S-0465.2
SENATE BILL 5520
State of Washington 69th Legislature 2025 Regular Session
By Senators Orwall, Frame, Hasegawa, Lovelett, and Saldaña
Read first time 01/27/25. Referred to Committee on Law & Justice.
p. 1 SB 5520
Sec. 2. RCW 4.100.030 and 2013 c 175 s 3 are each amended to 1
read as follows: 2
(1) Any person convicted in superior court and subsequently 3
imprisoned for one or more felonies of which he or she is actually 4
innocent may file a claim for compensation from the state.5
(2) If a person entitled to file a claim under subsection (1) of 6
this section is incapacitated and incapable of filing the claim, or 7
if he or she is a minor, or is a nonresident of the state, the claim 8
may be filed on behalf of the claimant by an authorized agent.9
(3) A claim filed under this chapter survives to the personal 10
representative of the claimant as provided in RCW 4.20.046.11
(4) All claims under this chapter must be filed in superior 12
court. The venue for such actions is governed by RCW 4.12.020.13
(((2))) (5) Service of the summons and complaint is governed by 14
RCW 4.28.080. 15
Sec. 3. RCW 4.100.040 and 2013 c 175 s 4 are each amended to 16
read as follows: 17
(1) In order to file an actionable claim for compensation under 18
this chapter, the claim must not be time barred under RCW 4.100.090 19
and the claimant must ((establish by documentary evidence )) state 20
facts and provide documentation in sufficient detail for the finder 21
of fact to determine that: 22
(a) The claimant has been convicted of one or more felonies in 23
superior court and subsequently sentenced to a term of imprisonment, 24
and has served all or part of the sentence; 25
(b)(((i))) The claimant did not engage in the conduct that is the 26
basis for a felony charged in the charging document;27
(c) The claimant did not commit or suborn perjury or fabricate 28
evidence to cause or bring about the conviction. A guilty plea to a 29
crime the claimant did not commit, or a confession that is false or 30
illegally obtained, does not constitute perjury or fabricated 31
evidence under this subsection;32
(d) The claimant is not currently incarcerated for any offense; 33
and 34
(((ii))) (e) During the period of confinement for which the 35
claimant is seeking compensation, the claimant was not serving a term 36
of imprisonment or a concurrent sentence for any crime other than the 37
felony or felonies that are the basis for the claim((;38
(c)(i))).39
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(3) In addition to the requirements of subsections (1) and (2) of 1
this section, the claimant must present documentary evidence 2
establishing that:3
(a) The claimant has ((been pardoned )) received a pardon, 4
amnesty, commutation, or reprieve on grounds consistent with 5
innocence for the felony or felonies that are the basis for the 6
claim; or 7
(((ii))) (b) The claimant's judgment of conviction was reversed 8
or vacated ((and the charging document dismissed on the basis of 9
significant new exculpatory information or, if a new trial was 10
ordered pursuant to the presentation of significant new exculpatory 11
information, either the claimant was found not guilty at the new 12
trial or the claimant was not retried and the charging document 13
dismissed; and14
(d) The claim is not time barred by RCW 4.100.090.15
(2) In addition to the requirements in subsection (1) of this 16
section, the claimant must state facts in sufficient detail for the 17
finder of fact to determine that:18
(a) The claimant did not engage in any illegal conduct alleged in 19
the charging documents; and20
(b) The claimant did not commit or suborn perjury, or fabricate 21
evidence to cause or bring about the conviction. A guilty plea to a 22
crime the claimant did not commit, or a confession that is later 23
determined by a court to be false, does not automatically constitute 24
perjury or fabricated evidence under this subsection.25
(3))) following the presentation or development of significant 26
new exculpatory information, and:27
(i) The claimant was not retried and the charges were dismissed; 28
or29
(ii) The claimant was retried and not convicted.30
(4) Convictions vacated, overturned, or subject to resentencing 31
pursuant to In re: Personal Detention of Andress , 147 Wn.2d 602 32
(2002) or State of Washington v. Blake , 197 Wn.2d 170 (2021) may not 33
serve as the basis for a claim under this chapter unless the claimant 34
otherwise satisfies the qualifying criteria set forth ((in)) under 35
RCW ((4.100.020)) 4.100.030 and this section. 36
(((4))) (5) The claimant must verify the claim unless he or she 37
is incapacitated, in which case the personal representative or agent 38
filing on behalf of the claimant must verify the claim.39
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(((5) If the )) (6)(a) The attorney general ((concedes)) may 1
concede that the claimant was wrongly convicted at any time, in which 2
case the court must award compensation as provided in RCW 4.100.060.3
(((6)(a))) (b) If the attorney general does not concede that the 4
claimant was wrongly convicted and the court finds after reading the 5
claim that the claimant does not meet the filing criteria set forth 6
in this section, it may dismiss the claim, either on its own motion 7
or on the motion of the attorney general. 8
(((b))) (7) Claims under this chapter must be evaluated at all 9
stages of the proceeding:10
(a) Independent of any criminal case, including the criminal case 11
serving as the basis for the claim;12
(b) Without bias associated with the original conviction;13
(c) Without bias related to the claimant's race, color, religion, 14
sex, gender, sexual orientation, marital status, age, disability, or 15
other criminal history; and16
(d) In a manner that promotes the remedial purpose of this 17
chapter.18
(8) If the court dismisses the claim, the court must set forth 19
the reasons for its decision in written findings of fact and 20
conclusions of law. 21
Sec. 4. RCW 4.100.050 and 2013 c 175 s 5 are each amended to 22
read as follows: 23
Any party is entitled to the rights of appeal afforded parties in 24
a civil action following a decision on such motions. ((In the case 25
of)) If the claimant appeals the dismissal of a claim, review of the 26
superior court action is de novo. If the state appeals a judgment in 27
favor of a claimant, interest shall accrue from the date the judgment 28
was entered pursuant to RCW 4.56.115.29
Sec. 5. RCW 4.100.060 and 2013 c 175 s 6 are each amended to 30
read as follows: 31
(1) In order to obtain a judgment in his or her favor, the 32
claimant must show by clear and convincing evidence that:33
(a) The claimant was convicted of one or more felonies in 34
superior court and subsequently sentenced to a term of imprisonment, 35
and has served all or any part of the sentence; 36
(b)(i) The claimant is not currently incarcerated for any 37
offense; and 38
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(ii) During the period of confinement for which the claimant is 1
seeking compensation, the claimant was not serving a term of 2
imprisonment or a concurrent sentence for any conviction other than 3
those that are the basis for the claim; 4
(c)(i) The claimant ((has been pardoned )) received a pardon, 5
proclamation of amnesty, commutation, or reprieve on grounds 6
consistent with innocence for the felony or felonies that are the 7
basis for the claim; or 8
(ii) The claimant's judgment of conviction was reversed or 9
vacated ((and the charging document dismissed on the basis )) 10
following the development of significant new exculpatory information 11
((or, if a new trial was ordered pursuant to the presentation of 12
significant new exculpatory information, either the claimant was 13
found not guilty at the new trial or the claimant was not retried and 14
the charging document dismissed )) and the claimant's judgment of 15
conviction was reversed or vacated following the presentation or 16
development of significant new exculpatory information or the 17
claimant was not retried and not convicted; 18
(d) The claimant did not engage in ((any illegal )) the conduct 19
((alleged)) charged as a felony in the charging documents; and20
(e) The claimant did not commit or suborn perjury, or fabricate 21
evidence to cause or bring about his or her conviction. A guilty plea 22
to a crime the claimant did not commit, or a confession that is 23
((later determined by a court to be )) false or illegally obtained , 24
does not ((automatically)) constitute perjury or fabricated evidence 25
under this subsection. 26
(2) Any pardon or proclamation issued to the claimant must be 27
certified by the officer having lawful custody of the pardon or 28
proclamation, and be affixed with the seal of the office of the 29
governor, or with the official certificate of such officer before it 30
may be offered as evidence. 31
(3) In exercising its discretion regarding the weight and 32
admissibility of evidence, the ((court)) finder of fact must give due 33
consideration to difficulties of proof caused by the passage of time 34
or by release of evidence ((pursuant to a plea )), the death or 35
unavailability of witnesses, the destruction of evidence, or other 36
factors not caused by the ((parties)) claimant. 37
(4) The claimant may not be compensated for any period of time in 38
which he or she was serving a term of imprisonment or a concurrent 39
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sentence for any conviction other than the felony or felonies that 1
are the basis for the claim. 2
(5) If the jury or, in the case where the right to a jury is 3
waived, the court finds by clear and convincing evidence that the 4
claimant was wrongly convicted, the court must order the state to pay 5
the actually innocent claimant the following compensation award, as 6
adjusted for partial years served and to account for inflation from 7
((July 28, 2013)) the effective date of this section:8
(a) ((Fifty thousand dollars )) $70,000 for each year of actual 9
confinement including time spent awaiting trial and an additional 10
((fifty thousand dollars )) $70,000 for each year served under a 11
sentence of death ((pursuant to chapter 10.95 RCW));12
(b) ((Twenty-five thousand dollars)) $35,000 for each year served 13
on parole, community custody, or as a registered sex offender 14
pursuant only to the felony or felonies which are grounds for the 15
claim; 16
(c) Compensation for child support payments owed by the claimant 17
that became due and interest on child support arrearages that accrued 18
while the claimant was in custody on the felony or felonies that are 19
grounds for the compensation claim. The funds must be paid on the 20
claimant's behalf in a lump sum payment to the department of social 21
and health services for disbursement under Title 26 RCW; and22
(d) Reimbursement for all restitution, assessments, fees, court 23
costs, and all other sums paid by the claimant as required by 24
pretrial orders and the judgment and sentence((; and25
(e) Attorneys')).26
(6) The court shall award reasonable attorneys' fees and expenses 27
to a prevailing claimant for successfully bringing the wrongful 28
conviction claim ((calculated at ten percent of the monetary damages 29
awarded under subsection (5)(a) and (b) of this section, plus 30
expenses. However, attorneys' fees and expenses may not exceed 31
seventy-five thousand dollars. These )) pursuant to chapter 4.84 RCW. 32
Attorneys' fees and expenses may not be deducted from the 33
compensation award due to the claimant and counsel is not entitled to 34
receive additional fees from the client related to the claim. The 35
court may not award any attorneys' fees to the claimant if the 36
claimant fails to prove he or she was wrongly convicted.37
(((6) The)) (7) A compensation award under this chapter may not 38
include any punitive damages. 39
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(((7))) (8) The court may not offset the compensation award by 1
any expenses incurred by the state, the county, or any political 2
subdivision of the state including, but not limited to, expenses 3
incurred to secure the claimant's custody, or to feed, clothe, or 4
provide medical services for the claimant. The court may not offset 5
against the compensation award the value of any services or reduction 6
in fees for services to be provided to the claimant as part of the 7
award under this section. 8
(((8))) (9) The compensation award is not income for tax 9
purposes, except attorneys' fees awarded under ((subsection (5)(e) 10
of)) this section. 11
(((9))) (10)(a) Upon finding that the claimant was wrongly 12
convicted, the court must seal the claimant's record of conviction.13
(b) Upon request of the claimant, the court may order the 14
claimant's record of conviction vacated if the record has not already 15
been vacated, expunged, or destroyed under court rules. The 16
requirements for vacating records under RCW 9.94A.640 do not apply.17
(((10))) (11) Upon request of the claimant, the court must refer 18
the claimant to the department of corrections or the department of 19
social and health services for access to reentry services, if 20
available, including but not limited to ((counseling on the ability 21
to enter into a structured settlement agreement and where to obtain 22
free or low-cost legal and financial advice if the claimant is not 23
already represented, )) the community-based transition programs and 24
long-term support programs for education, mentoring, life skills 25
training, assessment, job skills development, mental health and 26
substance abuse treatment. 27
(((11))) (12) The claimant or the attorney general may initiate 28
and agree to a claim with a structured settlement for the 29
compensation awarded under ((subsection (5) of)) this section. During 30
negotiation of the structured settlement agreement, the claimant must 31
be given adequate time to consult with the legal and financial 32
advisor of his or her choice. Any structured settlement agreement 33
binds the parties with regard to all compensation awarded. A 34
structured settlement agreement entered into under this section must 35
be in writing and signed by the parties or their representatives and 36
must clearly state that the parties understand and agree to the terms 37
of the agreement. 38
(((12))) (13) Before approving any structured settlement 39
agreement, the court must ensure that the claimant has an adequate 40
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understanding of the agreement. The court may approve the agreement 1
only if the judge finds that the agreement is in the best interest of 2
the claimant and actuarially equivalent to ((the)) a lump sum 3
compensation award under ((subsection (5) of)) this section before 4
taxation. When determining whether the agreement is in the best 5
interest of the claimant, the court must consider the following 6
factors: 7
(a) The age and life expectancy of the claimant;8
(b) The marital or domestic partnership status of the claimant; 9
and 10
(c) The number and age of the claimant's dependents.11
Sec. 6. RCW 4.100.070 and 2013 c 175 s 7 are each amended to 12
read as follows: 13
(1) On or after July 28, 2013, when a court grants judicial 14
relief, such as reversal and vacation of a person's conviction, 15
consistent with the criteria established in RCW 4.100.040, the court 16
must provide to the claimant a copy of this chapter and RCW 17
((4.100.020 through 4.100.090,)) 28B.15.395((,)) and 72.09.750 at the 18
time the relief is granted. 19
(2) The clemency and pardons board or the indeterminate sentence 20
review board, whichever is applicable, upon issuance of a pardon , 21
amnesty, commutation, or reprieve by the governor on grounds 22
consistent with innocence on or after July 28, 2013, must provide a 23
copy of this chapter and RCW ((4.100.020 through 4.100.090,)) 24
28B.15.395((,)) and 72.09.750 to the individual pardoned.25
(3) If an individual entitled to receive the information required 26
under this section shows that he or she was not provided with the 27
information, he or she has an additional ((twelve months)) six years, 28
beyond the statute of limitations under RCW 4.100.090, to bring a 29
claim under this chapter. 30
Sec. 7. RCW 4.100.080 and 2013 c 175 s 8 are each amended to 31
read as follows: 32
(1) It is the intent of the legislature that the ((remedies and)) 33
monetary compensation ((provided)) calculated under this chapter 34
shall ((be exclusive to all other remedies at law and in equity 35
against the state or any political subdivision of the state. As a 36
requirement to making a request for relief under this chapter, the 37
claimant waives any and all other remedies, causes of action, and 38
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other forms of relief or compensation against the state, any 1
political subdivision of the state, and their officers, employees, 2
agents, and volunteers related to the claimant's wrongful conviction 3
and imprisonment. This waiver shall also include all state, common 4
law, and federal claims for relief, including claims pursuant to 42 5
U.S.C. Sec. 1983. A wrongfully convicted person who elects not to 6
pursue a claim for compensation pursuant to this chapter shall not be 7
precluded from seeking relief through any other existing remedy. The 8
claimant must execute a legal release prior to the payment of any 9
compensation under this chapter )) establish the monetary minimum 10
compensation owed to a claimant pursuant to a wrongful conviction . If 11
((the release is held invalid for any reason and )) the claimant is 12
awarded compensation under this chapter and receives a tort award 13
from the state or any political subdivision of the state related to 14
his or her wrongful conviction ((and incarceration )), the claimant 15
must reimburse the state for the lesser of: 16
(a) The amount of the compensation award, excluding the portion 17
awarded pursuant to RCW 4.100.060(5) (c) through (((e))) (d) and (6); 18
or 19
(b) The amount received by the claimant under the tort award.20
(2) A release dismissal agreement, plea agreement, or any similar 21
agreement whereby a prosecutor's office or an agent acting on its 22
behalf agrees to take or refrain from certain action if the accused 23
individual agrees to forgo legal action against the county, the state 24
of Washington, or any political subdivision, is admissible and should 25
be evaluated in light of all the evidence. However, any such 26
agreement is not dispositive of the question of whether the claimant 27
was wrongly convicted or entitled to compensation under this chapter.28
(3) A claimant who receives a judgment for a monetary award under 29
RCW 4.100.060 is entitled to receive an advance on the compensation 30
award from the state general fund within 30 days of the judgment, 31
which shall be repaid upon receipt of the full compensation award or 32
deducted from the full compensation award. The advance shall be in an 33
amount adjusted for inflation that is actuarially equal to one year 34
of compensation under RCW 4.100.060(5)(a), or the full amount of 35
compensation awarded by the court, whichever is less.36
Sec. 8. RCW 4.100.090 and 2013 c 175 s 9 are each amended to 37
read as follows: 38
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Except as provided in RCW 4.100.070, an action for compensation 1
under this chapter must be commenced within ((three)) six years after 2
the grant of a pardon or other executive relief , the grant of 3
judicial relief and satisfaction of other conditions described in 4
((RCW 4.100.020)) this chapter, or release from custody, whichever is 5
later. ((However, any )) Any action by the state challenging or 6
appealing the grant of judicial relief or release from custody 7
((tolls)) shall toll the ((three)) six-year period. Any person ((s)) 8
meeting the criteria set forth in ((RCW 4.100.020)) this chapter who 9
was wrongly convicted before July 28, 2013, may commence an action 10
under this chapter within three years after ((July 28, 2013 )) the 11
effective date of this section. 12
Sec. 9. RCW 28B.15.395 and 2015 c 55 s 215 are each amended to 13
read as follows: 14
(1) Subject to the conditions in subsection (2) of this section 15
and the limitations in RCW 28B.15.910, the governing boards of the 16
state universities, the regional universities, The Evergreen State 17
College, and the community and technical colleges, must waive all 18
tuition and fees for the following persons: 19
(a) A wrongly convicted person; and 20
(b) Any child or stepchild of a wrongly convicted person who was 21
born or became the stepchild of, or was adopted by, the wrongly 22
convicted person before compensation is awarded under RCW 4.100.060.23
(2) The following conditions apply to waivers under subsection 24
(1) of this section: 25
(a) A wrongly convicted person must be a Washington domiciliary 26
to be eligible for the tuition waiver. 27
(b) A child must be a Washington domiciliary ages seventeen 28
through twenty-six years to be eligible for the tuition waiver. A 29
child's marital status does not affect eligibility.30
(c) Each recipient's continued participation is subject to the 31
school's satisfactory progress policy. 32
(d) Tuition waivers for graduate students are not required for 33
those who qualify under subsection (1) of this section but are 34
encouraged. 35
(e) Recipients who receive a waiver under subsection (1) of this 36
section may attend full time or part time. Total credits earned using 37
the waiver may not exceed two hundred quarter credits, or the 38
equivalent of semester credits. 39
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(3) Private vocational schools and private higher education 1
institutions are encouraged to provide waivers consistent with the 2
terms of this section. 3
(4) For the purposes of this section: 4
(a) "Child" means a biological child, stepchild, or adopted child 5
who was born of, became the stepchild of, or was adopted by a wrongly 6
convicted person before compensation is awarded under RCW 4.100.060.7
(b) "Fees" includes all assessments for costs incurred as a 8
condition to a student's full participation in coursework and related 9
activities at an institution of higher education. 10
(c) "Washington domiciliary" means a person whose true, fixed, 11
and permanent house and place of habitation is the state of 12
Washington. In ascertaining whether a wrongly convicted person or 13
child is domiciled in the state of Washington, public institutions of 14
higher education must, to the fullest extent possible, rely upon the 15
standards provided in RCW 28B.15.013. 16
(d) "Wrongly convicted person" means a Washington domiciliary who 17
((was awarded damages under RCW 4.100.060)) has been found actually 18
innocent as provided in chapter 4.100 RCW. 19
NEW SECTION. Sec. 10. RCW 4.100.020 (Claim for compensation — 20
Definitions) and 2013 c 175 s 2 are each repealed.21
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