The bill seeks to provide relief to individuals impacted by the Washington State Supreme Court's ruling in State v. Blake, which invalidated certain drug possession laws. It introduces new definitions for "qualifying convictions" and "qualifying nonconvictions," allowing affected individuals to have their convictions vacated by the sentencing court. The bill ensures that these individuals are eligible for refunds of all legal financial obligations and associated costs linked to their qualifying convictions or nonconvictions. It also mandates that the prosecuting authority review these cases and file motions for vacating convictions and issuing refunds by January 1, 2026. Additionally, individuals can file their own motions for vacation and refunds, and upon vacating a conviction, the court must dismiss related charges and set aside guilty pleas, ensuring that vacated convictions do not appear on an individual's criminal history.

Moreover, the bill outlines specific provisions regarding the vacating and refunding of legal financial obligations tied to certain criminal convictions. It states that if a qualifying conviction has associated fees, such as DNA collection or drug fund fees, these will not be vacated or refunded if there is at least one nonvacated count that is a specified crime. Conversely, if none of the nonvacated counts are specified crimes, the fees will be vacated and refunded. The bill also establishes a refund bureau within the administrative office of the courts to facilitate direct refunds and requires comprehensive reports to be developed to assist local prosecutors and public defense offices. Additionally, it allows individuals convicted of certain offenses, including those exercising treaty Indian fishing rights and misdemeanor cannabis offenses, to apply for the vacation of their criminal records, while also amending existing laws to protect the financial rights of incarcerated individuals regarding deductions from their funds.

Statutes affected:
Original Bill: 9.94A.640, 9.94A.535, 69.50.101
Substitute Bill: 9.94A.640, 9.94A.535, 69.50.101
Second Substitute: 9.94A.640, 9.94A.535, 69.50.101