Z-535                 _______________________________________________

                                                   SENATE BILL NO. 3432

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Rasmussen and Newhouse; by Attorney General request

Read first time 1/30/85 and referred to Committee on Judiciary.

AN ACT Relating to judicial review of convictions and commitments; and amending RCW 7.36.130.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 445, page 213, Laws of 1854 as last amended by section 3, chapter 256, Laws of 1947 and RCW 7.36.130 are each amended to read as follows:

          No court or judge shall inquire into the legality of any judgment or process whereby the party is in custody, or discharge him when the term of commitment has not expired, in ((either)) any of the cases following:

          (1) Upon any process issued on any final judgment of a court of competent jurisdiction except where it is alleged in the petition that rights guaranteed the petitioner by the Constitution of the state of Washington or of the United States have been violated:  PROVIDED, That no superior court shall inquire into the constitutionality of any felony conviction entered by any other superior court.

          (2) For any contempt of any court, officer or body having authority in the premises to commit; but an order of commitment, as for a contempt upon proceedings to enforce the remedy of a party, is not included in any of the foregoing specifications.

          (3) Upon a warrant issued from the superior court upon an indictment or information.