Z-1152.1  _______________________________________________

 

                         SENATE BILL 6120

          _______________________________________________

 

State of Washington      55th Legislature     1998 Regular Session

 

By Senators Roach, Long and Haugen; by request of Board for Judicial Administration

 

Read first time 01/12/98.  Referred to Committee on Law & Justice.

Considering personal restraint petitions.


    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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