This bill establishes new liability standards for state prosecutors in Washington, allowing individuals injured by a person previously arrested for a violent offense—who was released before trial due to the prosecutor's decision not to file reasonable charges—to sue the prosecutor. The bill defines "violent offense" and outlines the criteria for determining whether a prosecutor adequately considered the risk of public harm before declining to file charges. It mandates that prosecutors must conduct a thorough assessment of the individual's history and potential risk to the public, and it explicitly states that no form of prosecutorial immunity can be used as a defense in such cases. If a plaintiff prevails, they are entitled to actual damages, costs, and reasonable attorney fees.

Additionally, the bill amends existing laws regarding the defense of state officers and employees, specifying that the state or local governmental entities will not cover defense costs or judgments if a prosecutor is found to have acted with intentional disregard for public safety. The bill also includes provisions for the effective date of January 1, 2026, and ensures that if any part of the act is deemed invalid, the remainder will still be enforceable.

Statutes affected:
Original Bill: 4.92.070, 4.92.075, 4.96.041