WashingtonSB 55202025-2026 Regular SessionSenateWALLET

Concerning the wrongly convicted persons act.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 5 benefits, 0 costs, 1 mixed.

More wrongly convicted people can claim

Beginning June 11, 2026, Washington expands access to compensation for people wrongly convicted and imprisoned for felonies. Claimants must show the evidence more likely than not no longer supports finding they committed the charged conduct. They need an innocence-based pardon, commutation, or reprieve, or a qualifying court outcome following significant new evidence supporting innocence. Alford or Newton pleas qualify only when claimants maintained their innocence; Andress or Blake cases must satisfy the other requirements. Claimants cannot be currently incarcerated or claim confinement spent serving another crime's sentence. They cannot have caused the conviction through perjury or fake evidence; a guilty plea or false or illegally obtained confession alone does not count. Required elements for a judgment must be proved by clear and convincing evidence. The attorney general must concede qualifying claims, and the court must then award compensation. The attorney general can request a hearing when new evidence was not heard or a recantation lacks a court credibility finding. Authorized agents can file for deceased claimants, minors, nonresidents, or people incapacitated and unable to file; filed claims survive through personal representatives.

Wrongful conviction payments cover civil detention

Beginning June 11, 2026, compensation includes civil detention caused only by the wrongful conviction. Awards provide $50,000 per year of qualifying confinement, plus another $50,000 per year served under a death sentence. Qualifying parole, community custody, or sex-offender registration periods receive $25,000 per year. These periods must be based only on the qualifying felonies; confinement tied to another conviction does not qualify. Partial years are prorated, and amounts are adjusted for inflation from July 28, 2013. If Washington appeals a claimant's judgment and the claimant ultimately wins, interest runs from the judgment date under RCW 4.56.115.

College waivers help wrongly convicted families

Washington public colleges waive all tuition and fees for Washington-domiciled people with successful wrongful-conviction claims and their qualifying children. Children must also be Washington-domiciled and at least 17; there is no upper age limit or marriage restriction. They must have been born, adopted, or become stepchildren before compensation is awarded. Students can attend full- or part-time, must meet school progress rules, and can use waivers for up to 200 quarter credits or the semester equivalent. Graduate waivers are encouraged, not required.

Wrongful conviction claimants get support referrals

Beginning June 11, 2026, courts must refer compensation claimants to available reentry services when claimants request a referral. Referrals go to the Department of Corrections or the Department of Social and Health Services. Services may include housing, education, mentoring, life skills, assessments, job skills, mental health care, and substance use treatment. The law requires referrals, not a guarantee that every service is available.

Wrongly convicted people get longer deadlines

Beginning June 11, 2026, the general claim deadline grows from three years to six years after the latest qualifying event. That event can be executive relief, court relief with the other legal conditions satisfied, or release from custody. A state challenge or appeal of court relief or release pauses the clock. People denied required claim information get three extra years beyond their usual deadline, replacing the earlier 12-month extension. People wrongly convicted before June 11, 2026, who maintained innocence during an Alford or Newton plea can file by June 11, 2029. They must also meet the compensation law's eligibility requirements. People whose claims were denied under the prior version of RCW 4.100.080 can request reconsideration by June 11, 2027; approval is not guaranteed.

Claimants keep lawsuits but repay overlaps

Beginning June 11, 2026, statutory compensation sets the minimum monetary payment owed to a qualifying wrongful-conviction claimant. Claimants no longer have to give up other legal remedies to seek compensation. A claimant receiving both compensation and a related tort award from Washington or a local government must reimburse the state. Repayment is the smaller of the tort award or statutory compensation, excluding specified child-support, restitution, fee, cost, and attorney-fee components.

Sponsors & Cosponsors

Sponsor

Tina Orwall
Democratic • Senate

Cosponsors

Bob Hasegawa
Democratic • Senate
Liz Lovelett
Democratic • Senate
Noel Frame
Democratic • Senate
Rebecca Saldaña
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 134 • No: 59

Senate vote • 3/9/2026

Final Passage as Amended by the House

Yes: 31 • No: 18

House vote • 3/6/2026

Final Passage as Amended by the House

Yes: 72 • No: 23 • Other: 3

Senate vote • 2/16/2026

3rd Reading & Final Passage