AN ACT Relating to criminal procedure; amending RCW 7.36.130; adding a new section to chapter 10.64 RCW; adding new sections to chapter 10.73 RCW; creating new sections; and repealing RCW 9.95.062 and 10.73.040.

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

NEW SECTION. Sec. 1. The legislature finds that the punitive, rehabilitative, and deterrent effects of the criminal law require that punishment be swift, certain, and final, insofar as this is consistent with fairness to the convicted person. The legislature finds that unnecessary stays of sentence pending appeal and unnecessary delays in post-conviction relief endanger the community, reduce the deterrent effect of punishment, interfere with defendants' rehabilitation, and increase the trauma inflicted on the victims of crime and their families.

NEW SECTION. Sec. 2. (1) No petition or motion for collateral attack on a judgment and sentence in a criminal case may be filed more than one year after the judgment becomes final, so long as the judgment and sentence is valid on its face and was rendered by a court of competent jurisdiction.

(2) For the purposes of this section, "collateral attack" means any form of post-conviction relief other than a direct appeal. "Collateral attack" includes, but is not limited to, a personal restraint petition, a habeas corpus petition, a motion to vacate judgment, a motion to withdraw guilty plea, a motion for a new trial, and a motion to arrest judgment.

(3) For the purposes of this section, a judgment becomes final on the last of the following dates:

(a) The date it is filed with the clerk of the trial court;

(b) The date that an appellate court issues its mandate disposing of a timely direct appeal from the conviction; or

(c) The date that the United States supreme court denies a timely petition for certiorari to review a decision affirming the conviction on direct appeal. The filing of a motion to reconsider denial of certiorari does not prevent a judgment from becoming final.

NEW SECTION. Sec. 3. The time limit specified in section 2 of this act does not apply to a motion or petition that is based solely on one or more of the following grounds:

(1) Newly discovered evidence if the defendant acted with reasonable diligence in discovering the evidence and filing the petition or motion;

(2) The statute that the defendant was convicted of violating was unconstitutional on its face or as applied to the defendant's conduct;

(3) The conviction was barred by double jeopardy under Amendment V of the United States Constitution or Article I, section 9 of the state Constitution;

(4) The defendant pled not guilty and the evidence introduced at trial was insufficient to support the conviction; or

(5) The sentence imposed exceeded the maximum sentence allowed by law.

Sec. 4. 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 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 and the petition is filed within the time allowed by sections 2 and 3 of this 1987 act.

(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.

NEW SECTION. Sec. 5. Sections 2 and 3 of this act supersede any inconsistent provision of court rules, including Rules of Appellate Procedure 16.3 through 16.15, Superior Court Criminal Rules 4.2, 7.4, 7.6, and 7.8, and Superior Court Civil Rule 60.

NEW SECTION. Sec. 6. At the time judgment and sentence is pronounced in a criminal case, the court shall advise the defendant of the time limit specified in sections 2 and 3 of this act.

NEW SECTION. Sec. 7. As soon as practicable after the effective date of this section, the department of corrections shall attempt to advise the following persons of the time limit specified in sections 2 and 3 of this act: Every person who, on the effective date of this section, is serving a term of incarceration, probation, parole, or community supervision pursuant to conviction of a felony.

NEW SECTION. Sec. 8. Sections 2 and 3 of this act apply only to petitions and motions filed more than one year after the effective date of this section.

NEW SECTION. Sec. 9. A new section is added to chapter 10.64 RCW to read as follows:

A defendant who has been found guilty of a felony and is awaiting sentencing shall be detained unless the court finds by clear and convincing evidence that the defendant is not likely to flee or to pose a danger to the safety of any other person or the community if released.

NEW SECTION. Sec. 10. (1) A provision in a judgment and sentence in a criminal case that requires monetary payments may be stayed pending appeal only in the manner available for staying enforcement of a money judgment in a civil case. The amounts due shall bear interest during the period of the stay at the rate applicable to civil judgments.

(2) Any other provision of a judgment and sentence in a criminal case may be stayed pending appeal only if the court finds:

(a) By clear and convincing evidence that the defendant is not likely to flee or to pose a danger to the safety of any other person or the community if the judgment is stayed;

(b) That the delay resulting from the stay will not unduly diminish the deterrent effect of the punishment;

(d) That the appeal raises a substantial question of law or fact that, if resolved in the defendant's favor by the appellate court, is likely to result in reversal.

(3) In granting a stay pursuant to subsection (2) of this section, the court may impose one or more of the following conditions:

(a) Placing the defendant in the custody of a designated person or organization agreeing to supervise the defendant;

(b) Placing restrictions on the travel, association, or place of residence of the defendant;

(c) Requiring the execution of a secured or unsecured bond in a specified amount, or the deposit of cash in lieu thereof; or

(d) Imposing any other condition deemed reasonably necessary to ensure the safety of others or the community and the performance of the obligations of the judgment and sentence.

NEW SECTION. Sec. 11. Sections 2, 3, 6, and 10 of this act are each added to chapter 10.73 RCW.

NEW SECTION. Sec. 12. The following acts or parts of acts are each repealed:

(1) Section 2, chapter 42, Laws of 1955, section 1, chapter 103, Laws of 1969, section 1, chapter 4, Laws of 1969 ex. sess. and RCW 9.95.062; and

(2) Section 31, chapter 61, Law of 1893 and RCW 10.73.040.

NEW SECTION. Sec. 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.