Z-1094.1 _______________________________________________
HOUSE BILL 2296
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Representatives Sheahan, Costa and Dunshee; by request of Board for Judicial Administration
Prefiled 12/23/97. Read first time 01/12/98. Referred to Committee on Law & Justice.
AN ACT Relating to court of appeals consideration of personal restraint petitions; and amending RCW 10.73.140.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 10.73.140 and 1989 c 395 s 9 are each amended to read as follows:
If a person has previously filed ((a petition for)) any
personal restraint petition, the court of appeals will not consider ((the))
another petition unless the ((person certifies that he or she has not
filed a previous petition on similar grounds, and)) petitioner shows
good cause why the court should reconsider any claims raised in a previous
petition and why the petitioner did not raise ((the)) any new
grounds in ((the)) a previous petition. Upon receipt of a
personal restraint petition, the court of appeals shall ((review the
petition and)) determine whether the ((person)) petitioner
has previously filed a petition or petitions ((and if so, compare them)).
If ((upon review, the court of appeals finds that)) the petitioner has
previously ((raised the same grounds for review, or that the petitioner))
filed one or more petitions and has failed to show good cause ((why
the ground was not raised earlier)), the court of appeals shall dismiss the
petition on its own motion without requiring the state to respond to the
petition. Upon receipt of ((a first or subsequent)) any
petition, the court of appeals shall, whenever possible, review the petition
and determine if the petition is based on frivolous grounds. If frivolous, the
court of appeals shall dismiss the petition on its own motion without first
requiring the state to respond to the petition.
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