BILL REQ. #:  S-4389.1 

Read first time 01/19/2006.   Referred to Committee on Judiciary.

     AN ACT Relating to damages for unjust conviction and incarceration; adding a new section to chapter 4.96 RCW; and adding a new section to chapter 36.16 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 4.96 RCW to read as follows:
     (1) A person injured by an unjust conviction and incarceration may sue in a court of competent jurisdiction of the county in which such violation occurred, and shall recover from the county damages sustained, including reasonable attorneys' fees and costs of bringing the suit.
     (2)(a) Any person suing under this section must allege and prove that:
     (i) His or her conviction has been reversed or set aside on the ground that he or she is not guilty of the offense of which he or she was convicted, or on new trial or rehearing he or she was found not guilty of such offense, as appears from the record or certificate of the court setting aside or reversing such conviction, or that he or she has been pardoned upon the stated ground of innocence and unjust conviction; and
     (ii) He or she did not commit any of the acts charged or his or her acts, deeds, or omissions in connection with such charge constituted no offense against the state of Washington, and he or she did not by misconduct or neglect cause or bring about his or her own prosecution.
     (b) Proof of the requisite facts shall be by a certificate of the court or pardon wherein such facts are alleged to appear, and other evidence thereof shall not be received.
     (c) No pardon or certified copy of a pardon may be considered unless it contains recitals that the pardon was granted after the applicant had exhausted all recourse to the courts and that the time for any court to exercise its jurisdiction had expired.
     (d) The amount of damages awarded shall not exceed one hundred thousand dollars for each twelve-month period of incarceration for any plaintiff who was unjustly sentenced to death and fifty thousand dollars for each twelve-month period of incarceration for any other plaintiff.
     (3) Any action to enforce any cause of action under this section shall be forever barred unless commenced not later than two years after the cause of action accrues.
     (4) The cause of action under this section is available only with regard to convictions that are entered on or after the effective date of this act.

NEW SECTION.  Sec. 2   A new section is added to chapter 36.16 RCW to read as follows:
     The legislative authority of a county may purchase liability insurance in an amount it deems reasonable to protect the county, its officers, and employees against liability for a claim of unjust conviction and incarceration under section 1 of this act.