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 outlines that a cause of action can be brought if the prosecutor failed to adequately consider the risk of public harm when deciding not to file charges. It defines "violent offense," specifies what constitutes adequate consideration in such decisions, and clarifies that no form of prosecutorial immunity can be used as a defense in these 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, employees, and volunteers, specifying that the state or local governmental entities may 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 timing of claims, stating that actions must be initiated within three years of the injury. It is set to take effect on January 1, 2026, and includes a severability clause to ensure that if any part of the act is invalidated, the remainder remains in effect.

Statutes affected:
Original Bill: 4.92.070, 4.92.075, 4.96.041