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2013 House Bill 1341: Creating a claim for compensation for wrongful conviction and imprisonment
  1. Introduced by Rep. Tina Orwall, (Des Moines) (D) on January 23, 2013, provides that any person convicted in superior court and subsequently imprisoned for one or more felonies of which he or she is actually innocent may file a claim for compensation against the state.
    • Referred to the House Judiciary Committee on January 23, 2013.
      • Substitute offered in the House on February 12, 2013, creates a civil cause of action allowing persons wrongly convicted of one or more felonies and incarcerated as a result to bring a civil suit against the state for compensation.
    • Referred to the House Appropriations Committee on February 14, 2013.
    • Referred to the House Rules Committee on March 1, 2013.
      • Amendment offered by Rep. Brad Klippert, (Kennewick) (R) on March 8, 2013, places a maximum limit of three hundred thousand dollars on the monetary damages component of the compensation award. The amendment failed by voice vote in the House on March 8, 2013.
      • Amendment offered in the House on March 8, 2013, places a maximum limit of three hundred thousand dollars on the monetary damages component of the compensation award. The amendment failed by voice vote in the House on March 8, 2013.
      • Amendment offered by Rep. Tina Orwall, (Des Moines) (D) on March 8, 2013, makes nonsubstantive wording changes for clarity and consistency. The amendment passed by voice vote in the House on March 8, 2013.
  2. Passed 95 to 2 in the House on March 8, 2013, creates a civil cause of action allowing persons wrongly convicted of one or more felonies and incarcerated as a result to bring a civil suit against the state for compensation.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the Senate on March 12, 2013.
    • Referred to the Senate Law & Justice Committee on March 12, 2013.
      • Amendment offered in the Senate on April 2, 2013, allows structured settlement of the wrongful conviction claim.
      • The amendment failed by voice vote in the Senate on April 15, 2013.
    • Referred to the Senate Ways & Means Committee on April 2, 2013.
      • Amendment offered in the Senate on April 9, 2013, requires claimant to waive further claims against the state and political subdivisions.
      • The amendment passed by voice vote in the Senate on April 15, 2013.
    • Referred to the Senate Rules Committee on April 9, 2013.
      • Amendment offered by Sen. James Hargrove (Hoquiam) (D) on April 15, 2013, clarifies that payment of compensation awarded by a court for wrongful conviction is a risk control measure and an allowable use of funds in the liability account. Specifies that payment of a courtordered compensation award does not constitute a finding that the wrongful conviction resulted from tortious conduct by the state or its municipalities and political subdivisions..
      • The amendment passed by voice vote in the Senate on April 15, 2013.
  4. Passed 48 to 0 in the Senate on April 15, 2013, Persons wrongly convicted of a felony in superior court and imprisoned as a result may bring a civil suit against the state for money damages and other compensation.The award for bringing a successful claim is the following: $50,000 for each year of actual incarceration – including pre-trial incarceration; $50,000 additional for each year served under a sentence of death; $25,000 for each year on parole, community custody, or as a registered sex offender; compensation for child support that became due and interest on arrearages that accrued while incarcerated; reimbursement for restitution, assessments, fees, and court costs associated with the underlying wrongful conviction; attorneys' fees for bringing the wrongful conviction claim, not to exceed $75,000; higher education tuition waivers for Washington's state universities and colleges for the claimant and the claimant's children and step-children if they are domiciled in Washington.
    Who Voted "Yes" and Who Voted "No"

  5. Received in the House on April 22, 2013.
    • Motion in the House on April 22, 2013, to concur in Senate amendment(s). The motion passed by voice vote in the House on April 22, 2013.
  6. Passed 95 to 0 in the House on April 22, 2013.
    Who Voted "Yes" and Who Voted "No"

  7. Signed with partial veto by Gov. Jay Inslee on May 8, 2013, to change the payment source for wrongful imprisonment claims from the state's liability account to the state general fund.

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