FINAL BILL REPORT

HB 1341

PARTIAL VETO

C XX L XX

Synopsis as Enacted

Brief Description: Brief Desc for HB 1342.

Sponsors: Representative Appleton.

House Committee on Health Care & Wellness

Senate Committee on Health Care

Background:

Persons unjustly convicted of federal crimes and subsequently imprisoned are authorized by federal statute to bring an action for damages in the United States Court of Federal Claims. In 2004 Congress increased the damage award limit for persons who successfully bring a claim based on unjust conviction of a federal crime. Successful claimants are eligible for up to $100,000 per year served on death row and $50,000 per year of incarceration not on death row.

Summary:

Persons wrongly convicted of a felony in superior court may bring a civil suit against the state for money damages and other compensation.

Who May Bring a Claim.

A person who has been convicted in Washington and imprisoned for one or more felonies of which that person is actually innocent may file a claim. A person is actually innocent of a felony if the person did not engage in any of the illegal activity alleged in the charging documents. A person is wrongly convicted if that person was charged with, convicted of, and imprisoned for one or more felonies of which the person is actually innocent. If the claimant is deceased, the claim survives to the personal representative of the deceased claimant.

Presenting a Claim.

In order to file an actionable claim, a claimant must establish by documentary evidence that:

• the claimant has been convicted of one or more felonies in superior court and has served all or part of a corresponding sentence of imprisonment;

• the claimant is not currently incarcerated for any offense;

• the claimant is not seeking compensation for any period of imprisonment during which they were simultaneously imprisoned on a concurrent sentence for a crime other than the felony or felonies that form the basis of the claim;

• the claimant has been pardoned on grounds consistent with innocence for the felony or felonies upon which the claim is based; or, as a result of significant new exculpatory information, the judgment of conviction was reversed or vacated and the accusatory instrument dismissed, or the wrongly convicted person was found not guilty at a new trial or was not retried and the accusatory instrument was dismissed; and

• the statute of limitations has not run.

The claim must also set out the following factual assertions in sufficient detail:

• that the claimant did not engage in any illegal conduct alleged in the charging documents; and

• that the claimant did not commit perjury or fabricate evidence to bring about the conviction.

Unless the Attorney General concedes that the claimant was wrongly convicted, any claim not meeting the filing criteria may be dismissed by the court. The court is required to set forth its reasons for dismissal in written findings of fact and conclusions of law.

In order to obtain a judgment, the claimant must show clear and convincing evidence of all of the documentary evidence and factual assertions required at filing.

The Compensation Award.

The award for bringing a successful claim is the following:

• $50,000 for each year of actual incarceration (including pre-trial incarceration);

• $50,000 (additional) for each year spent on death row;

• $25,000 for each year on parole, community custody, or as a registered sex offender;

• compensation for child support that became due and interest on arrearages that accrued while incarcerated;

• reimbursement for restitution, assessments, fees, and court costs associated with the underlying wrongful conviction;

• attorneys' fees for bringing the wrongful conviction claim; and

• access to reentry services, upon the claimant's request.

The claimant and the Attorney General may agree to a structured settlement of the compensation claim, subject to court approval. The court may only approve the agreement if the court finds the agreement is in the claimant’s best interest and actuarially equivalent to the lump sum compensation before taxation.

A court must seal the person's record of conviction upon a finding of wrongful conviction. Upon the claimant's request, the court may order the conviction record vacated.

The claimant is entitled to pursue any existing remedy related to the wrongful conviction; however, if another award is granted based on the wrongful conviction, the claimant must reimburse the state to the extent of the other award or the amount received by the claimant under the immediate cause of action, whichever is less. The claimant does not have to reimburse the state for compensation associated with child support, costs related to defending the underlying conviction, or attorneys’ fees.

Notice.

When a person's conviction has been reversed or vacated or other similar judicial relief has been granted on grounds consistent with innocence, the court must provide the person with a copy of this act.

Statute of Limitations.

The claim must be brought within three years from pardon, grant of judicial relief, release from custody, or this act's effective date, whichever is latest. If the wrongly convicted person is not given proper notice of this act, they have an additional 12 months to file.

Right of Appeal.

Wrongful conviction claimants will have the right to appeal. Review of a superior court dismissal is de novo.

Votes on Final Passage:

Partial Veto Summary: The Governor vetoed the sections requiring payment of compensation claims from the state liability account.