The bill seeks to rectify historical injustices faced by Indian tribal members in Washington State by allowing them to vacate convictions related to the exercise of treaty rights, specifically in activities such as fishing, hunting, gathering, and pasturing. It acknowledges that treaties with various tribes have often been disregarded and aims to provide a pathway for tribal members to clear their criminal records for offenses committed while exercising these rights. Key provisions include outreach and support services to assist individuals in navigating the vacation process, as well as funding for direct representation and consultation.
Significant amendments to existing law include the addition of new sections to RCW 9.96.060, which detail the process for vacating convictions and establish a staff tribal liaison counsel within the office of public defense to aid tribal members. The bill outlines eligibility criteria for individuals seeking to vacate their records, expands the definition of eligible offenses, and assigns new responsibilities to the tribal liaison counsel, including outreach to tribal governments and the development of educational materials. Furthermore, it allows the office of public defense to provide direct representation and consultation services for both living individuals and deceased individuals through their family members or tribal representatives, ensuring comprehensive support in the legal process.
Statutes affected: Original Bill: 9.96.060, 2.70.020, 2.70.023
Substitute bill: 9.96.060, 2.70.020, 2.70.023