SENATE BILL REPORT

SB 5308

BYSenators Pullen and Madsen

Revising criminal procedure as it relates to collateral attack and judgments.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 31, 1989; February 27, 1989

Majority Report:  Do pass.

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

Senate Staff:Dick Armstrong (786-7460)

                  February 27, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 27, 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 (7) "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:

This bill will impose a time limit on filing post-conviction collateral appeals.  The petitioner must file the collateral appeal within one year of final judgment.  The time limit would not apply to certain grounds for the petition.  Those grounds are as follows:  (1) newly discovered evidence if the defendant acted with reasonable diligence in discovering the evidence; (2) the statute the defendant was 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 was insufficient to convict; or, (5) the sentence imposed was in excess of the court's jurisdiction.

The sentencing court is to notify the defendants that are to be convicted under the new provision.  The Department of Corrections is to notify incarcerated defendants.  The bill provides a one-year delay to "grandfather" those petitioners' appeals that may soon be filed under the old system.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 27, 1989

Senate Committee - Testified: Seth Dawson, Snohomish County Prosecutor (pro); Tim Ohms, Asotin County Prosecuting Attorney (pro); Seth Fine, Snohomish County Prosecutor's Office (pro)