The bill amends existing laws regarding collateral attacks on judgments and sentences in criminal cases, specifically updating RCW 10.73.090 to extend the time limit for filing such petitions or motions from one year to three years after a judgment becomes final. This change aims to provide individuals with more time to seek postconviction relief, which includes various forms of legal challenges such as personal restraint petitions and motions to vacate judgments. Additionally, the bill clarifies when a judgment is considered final, including the dates of filing with the trial court and the outcomes of appeals.
Furthermore, the bill modifies RCW 10.73.120 to require the Department of Corrections to inform individuals serving sentences about the new time limits for collateral attacks, effective from the date of the bill's enactment. It also updates RCW 2.70.023 to allow the Office of Public Defense to provide direct representation for indigent offenders in collateral attack cases, thereby ensuring that those with a right to counsel can receive legal assistance in challenging their convictions. This provision aims to enhance access to justice for individuals seeking to contest their criminal judgments.
Statutes affected: Original bill: 10.73.090, 10.73.120, 2.70.023