The bill seeks to rectify historical injustices experienced by Indian tribal members in Washington State by allowing the vacation of convictions tied to the exercise of treaty rights, such as fishing, hunting, gathering, or pasturing. It introduces provisions that enable individuals, regardless of when they were convicted, to apply for the vacation of their records. Additionally, the bill establishes a staff tribal liaison counsel within the Office of Public Defense to assist tribal members in this process through outreach, educational resources, and direct representation. Key amendments include the expansion of RCW 9.96.060 to encompass these treaty rights-related offenses and the introduction of new responsibilities for the tribal liaison counsel.

Moreover, the bill modifies the criteria for vacating convictions to allow eligible applicants, including family members of deceased individuals, to seek relief. It also amends regulations governing the Office of Public Defense, permitting its employees to provide direct representation and consultation services to individuals and their families in vacating convictions. The bill maintains existing requirements for pro bono legal services, ensuring that employees clarify their personal capacity in providing these services and that the state is not liable for any claims arising from them. Overall, the legislation aims to improve the relationship between the state and Indian tribal governments while making the process of vacating convictions more accessible and well-publicized.

Statutes affected:
Original Bill: 9.96.060, 2.70.020, 2.70.023