SENATE BILL REPORT

SHB 1071

BYHouse Committee on Judiciary (originally sponsored by Representatives H. Myers, Padden, Nealey, Patrick, Wolfe, Wood, P. King and Crane)

Regarding collateral attacks on convictions.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):March 28, 1989

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Newhouse, Rasmussen, Thorsness.

Senate Staff:Jon Carlson (786-7459)

                  March 28, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 28, 1989

BACKGROUND:

After a defendant is convicted of a crime, the defendant may appeal the conviction directly to the appellate court if the defendant did not plead guilty and waive the right to an appeal. Court rule requires the defendant to file a notice of appeal within 30 days after entry of the judgment and sentence or the defendant waives the right of appeal.

In addition to direct appeals, the Constitution, statutes and court rules allow convicted defendants to challenge a judgment by a collateral attack.  One mechanism of collateral attack is the writ of habeas corpus which a defendant may pursue by filing a "personal restraint" petition. Defendants may also move to withdraw guilty pleas, move for a new trial, and move to vacate a judgment.

Court rules establish the grounds for challenging a conviction through a personal restraint petition.  Those grounds include the following: (1) the convicting court lacked jurisdiction, (2) the conviction violated the state or federal Constitution; (3) material facts exist, not disclosed at trial, which in the interest of justice require the petitioner's release; (4) there are sufficient reasons to retroactively apply a post conviction change in the law; (5) there are "other grounds" for a collateral attack on the conviction; (6) the conditions or manner of the petitioner's restraint violate the state or federal Constitution; or "other grounds" exist to challenge the legality of the detention.

Current law imposes no time limit on filing a personal restraint petition.  Also, no limits exist on the number of petitions a petitioner may file as long as different grounds are asserted each time.

SUMMARY:

A petitioner who files a collateral appeal must do so within one year of final judgment.  The time limit does not apply to the following grounds for the petition:  (1) newly discovered evidence if the defendant acted with reasonable diligence in discovering the evidence; (2) the statute the defendant is convicted under is unconstitutional on its face; (3) the conviction is barred by double jeopardy; (4) the defendant pled not guilty and the evidence at trial is insufficient to convict; (5) the sentence imposed is in excess of the court's jurisdiction; or (6) a significant change in the law material to the conviction meets retroactive application.

Defendants and incarcerated persons are required to receive notice of the time limit and exceptions.  There is also a one-year delay to "grandfather" those petitioners' appeals that may soon be filed under the old system.  Additionally, the petitioner must certify that the grounds for the petition have not been the basis of prior petitions.  If the petitioner had filed prior petitions, the person must show good cause why the person did not raise the basis for relief in the previous petition.  The Court of Appeals must dismiss on its own motion petitions that are repetitive, frivolous, or that fail to show good cause why the relief was not requested in previous petitions.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 2, 1989

Senate Committee - Testified: Representative Holly Myers (pro); Seth Dawson, Washington Association of Prosecuting Attorneys (pro)