WA People
BILL · 2023–24 SESSION · LATEST VERSION 2SSB 5046

SB 5046: Postconviction counsel

Concerning postconviction access to counsel.

Summary

  • Authorizes the Office of Public Defense (OPD) to provide access to counsel for indigent persons to file and prosecute a first, timely personal restraint petition and requires the OPD to establish eligibility criteria to prioritize access to counsel for youth and certain adult petitioners.
  • Authorizes the OPD to appoint counsel if the Legislature or a final decision of an appellate court creates an ability to petition the sentencing court or to challenge a conviction or sentence.
  • Requires the OPD to examine and evaluate barriers to providing postconviction counsel to file and prosecute a collateral attack and report findings and recommendations to the Legislature.

From the Second Substitute House Bill Report (2SSB 5046), written by the Legislature's nonpartisan staff. Read the full report ↗

Enacted Enacted · Chapter 261, Laws of 2023
  1. IntroducedJan 9, 2023
  2. Out of committeeFeb 16, 2023
  3. Passed SenateMar 3, 2023
  4. Passed HouseApr 10, 2023
  5. GovernorMay 4, 2023
  6. LawMay 4, 2023
Prime sponsor
Rebecca Saldaña (D-37)
Introduced
January 9, 2023 in the Senate
Last action
May 4, 2023
Session law
Chapter 261, Laws of 2023
Budget
Has a fiscal note
Versions
SB 5046, SSB 5046, 2SSB 5046

AN ACT Relating to postconviction access to counsel;

Sponsors

Prime sponsor: Rebecca Saldaña (D-37)

9 co-sponsors (9 Democrats, 0 Republicans)

Joe Nguyen D-34Yasmin Trudeau D-27Claire Wilson D-30Manka Dhingra D-45Noel Frame D-36Patty Kuderer D-48T'wina Nobles D-28Jamie Pedersen D-43Javier Valdez D-46

Votes

Senate · 3rd Reading & Final Passage

Passed March 3, 2023
Version voted on: 2SSB 5046
30 Yea 19 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat29000
Republican11900
How each member voted
Permalink to this vote

House · 3rd Reading & Final Passage

Passed April 10, 2023
Version voted on: 2SSB 5046
58 Yea 40 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat58000
Republican04000
How each member voted

Yea (58)

Permalink to this vote

History

  1. Effective date 1/1/2024. (2SSB 5046)
  2. Chapter 261, 2023 Laws. (2SSB 5046)
  3. Governor signed. (2SSB 5046)
  4. Delivered to Governor. (2SSB 5046)
  5. Speaker signed. (2SSB 5046)
  6. President signed. (2SSB 5046)
  7. Rules suspended. Placed on Third Reading. (2SSB 5046)
  8. Third reading, passed; yeas, 58; nays, 40; absent, 0; excused, 0. (2SSB 5046)
  9. Rules Committee relieved of further consideration. Placed on second reading. (2SSB 5046)
  10. Referred to Rules 2 Review. (2SSB 5046)
  11. APP - Executive action taken by committee. (2SSB 5046)
  12. Minority; do not pass. (2SSB 5046)
  13. APP - Majority; do pass. (2SSB 5046)
  14. Referred to Appropriations. (2SSB 5046)
  15. CRJ - Executive action taken by committee. (2SSB 5046)
  16. Minority; without recommendation. (2SSB 5046)
  17. Minority; do not pass. (2SSB 5046)
  18. CRJ - Majority; do pass. (2SSB 5046)
  19. First reading, referred to Civil Rights & Judiciary. (2SSB 5046)
  20. Third reading, passed; yeas, 30; nays, 19; absent, 0; excused, 0. (2SSB 5046)
  21. Rules suspended. Placed on Third Reading. (2SSB 5046)
  22. 2nd substitute bill substituted. (2SSB 5046)
  23. 2nd substitute bill substituted. (SSB 5046)
  24. 2nd substitute bill substituted.
  25. Placed on second reading by Rules Committee. (2SSB 5046)
  26. Placed on second reading by Rules Committee. (SSB 5046)
  27. Placed on second reading by Rules Committee.
  28. Passed to Rules Committee for second reading. (2SSB 5046)
  29. Passed to Rules Committee for second reading. (SSB 5046)
  30. Passed to Rules Committee for second reading.
  31. Minority; do not pass. (2SSB 5046)
  32. Minority; without recommendation. (2SSB 5046)
  33. WM - Majority; 2nd substitute bill be substituted, do pass. (2SSB 5046)
  34. WM - Majority; 2nd substitute bill be substituted, do pass. (SSB 5046)
  35. Minority; without recommendation. (SSB 5046)
  36. Minority; do not pass. (SSB 5046)
  37. Minority; do not pass.
  38. Minority; without recommendation.
  39. WM - Majority; 2nd substitute bill be substituted, do pass.
  40. Referred to Ways & Means. (SSB 5046)
  41. Referred to Ways & Means.
  42. LAW - Majority; 1st substitute bill be substituted, do pass. (SSB 5046)
  43. And refer to Ways & Means. (SSB 5046)
  44. Minority; without recommendation. (SSB 5046)
  45. Minority; without recommendation.
  46. And refer to Ways & Means.
  47. LAW - Majority; 1st substitute bill be substituted, do pass.
  48. First reading, referred to Law & Justice.
  49. Prefiled for introduction.

SB 5046 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

Report wrong or missing information on this page