HB 1492 — Providing relief for persons affected by State v. Blake.

(a)(i) ForCoordinate eachwith qualifyingthe convictionappropriate clerk and qualifyingother nonconviction,appropriate entities to develop a list of all legal financial obligation amounts paid as a result of the prosecutingqualifying authorityconviction shall:or qualifying nonconviction.

(i)The Coordinateprosecutor shall include legal financial obligation amounts paid to private, third-party agencies with whom the appropriatecourts clerkor andlocal otherjurisdictions appropriatehave entitiescontractual torelationships developfor athe listcollection of all legal financial obligationobligations, amountsthe department of corrections, and readilyother ascertainableprivate collectionentities costto the extent those amounts paidare asknown aor resultreadily ofascertainable, or if the person subject to the qualifying conviction or qualifying nonconviction;nonconviction has provided the prosecutor with documentation of legal financial obligation amounts paid to private entities;

and (ii) Determine whether the person is currently serving a sentence for any offense under the supervision of the department of corrections, and in such case, notify the state office of public defensep. that the person may be eligible for resentencing under section 6 of this act.

(b)3 ForHB each1492 qualifyingdefense conviction,that the prosecutingperson authoritymay shallbe fileeligible anfor exresentencing parteunder motionsection by6 Januaryof 1, 2026, with the applicable sentencing court to dismiss and vacate the conviction under this chapter.act.

(c)(b) For each qualifying nonconvictionconviction, where legal financial obligations or readily ascertainable collection costs were paid as a result of the qualifying nonconviction, the prosecuting authorityattorney shall file an ex parte motion by January 1, 2026, with the applicable sentencing court to refunddismiss the legal financial obligations and readilyvacate ascertainablethe collectionconviction costs under this chapter.

(d)(c) AFor motioneach underqualifying thisnonconviction sectionwhere maylegal includefinancial documentationobligations were paid as a result of the amountqualifying ofnonconviction, legalthe financialprosecuting obligationsattorney andshall readilyfile ascertainablean collectionex costsparte paidmotion by January 1, 2026, with the personapplicable assentencing acourt resultto ofrefund the qualifyinglegal convictionfinancial orobligations nonconviction.under this chapter.

The(d) prosecutingA authoritymotion isunder notthis requiredsection tomust notifyinclude thedocumentation defendant of the motion,amount andof thelegal courtfinancial shallobligations considerpaid aby motionthe underperson thisas sectiona withoutresult requiring the presence of the partiesqualifying conviction or counsel.nonconviction.

(2)(a) The clerkprosecuting mustattorney conductis annot objectivelyrequired reasonableto searchnotify forthe collectiondefendant costof recordsthe motion, and nonconvictionthe legalcourt financialshall obligationconsider records.a motion under this section without requiring the presence of the prosecuting attorney or defendant.

The(2) adequacyBy ofJuly a1, search2023, isprosecuting judgedattorneys byshall submit to clerks in their respective jurisdictions a report on the standardstatus of reasonableness.all filed motions required under this section, including all filed motions to vacate pursuant to State v.

ABlake reasonablesince search usually begins with the clerkdecision orwas designatedissued. employee deciding where the records are likely to be and who is likely to know where they are.

(b)The Inreport conductingshall anbe objectivelyin reasonablea searchformat forthat collectionincludes, costbut records,is innot additionlimited toto, searchingcause thelevel clerk'sinformation ownin records,a thesearchable, clerktabulated shallfile issueformat awhich writtenincludes requestindividual tocause anynumbers, currentindividual ornames, pastcase contractedoutcomes, collectionand agencylegal tofinancial providereimbursement allamounts recordsfor andall allocationscases. of payments p.

4Beginning SHBOctober 14921, made2023, underthrough qualifyingJanuary convictions1, or2026, qualifyingprosecuting nonconvictions.attorneys shall submit to the clerks on a quarterly basis a report in the same format with the same data points on the status of motions required under this section.

AfterClerks issuing a written request, the clerk shall alsoforward makethese substantialreports efforts to obtain the requestedadministrative recordsoffice fromof the collectioncourts. agency.

The administrative office of the courts shall share these reports with the state office of public defense and the state office of civil legal aid.

(3) The clerk shall identify all legal financial obligation refund amounts which have been ordered by the court as a result of a qualifying conviction or qualifying nonconviction beginning from the date of the mandate in State v.

Blake, to the effective date of this section, and determine any additional legal financial amounts not previously refunded or ordered to be refunded, but entitled to be refunded, in accordance with the determination in subsection (1)(a)(i) of this section.

The clerk shall provide this information p.

4 HB 1492 to the prosecuting attorney and the administrative office of the courts.

The prosecuting attorney shall seek amended orders for the refund of legal financial obligation amounts identified under this subsection.

(1) A person with a qualifying conviction or qualifying nonconviction may fileapply ato motion with the sentencing court for a vacation of the conviction and a refund of legal financial obligation, collection cost, or document-verified collateral cost amounts, or a refund of nonconviction legal financial obligation,obligations collectionunder cost,this orchapter, document-verified collateral cost amounts, regardless of whether a prosecuting authorityattorney is expected to file a motion under section 3 of this act.

AIf person moving for a vacationperson ofapplies a conviction or a refund under this sectionsection, shall set the motionprosecuting forattorney hearingshall inrespond accordanceto withthe localapplication courtwithin rules, but in no case sooner than 30 daysdays. from the date of filing, unless the court finds good cause to shorten the time.

ForThe aprosecuting motionattorney formay aobject refundto broughtthe underapplication thisonly section,on the prosecutingbasis authoritythat shall furnish the applicantconviction withor thenonconviction amountis paidnot bya thequalifying applicantconviction foror anyqualifying legalnonconviction financialunder obligationsthis chapter and readilymay ascertainableotherwise collectionprovide costsclarifying 14documentation courtas daysto inthe advancelegal financial obligations paid as a result of the hearing.qualifying conviction or qualifying nonconviction.

The(2) movantA person may alsochallenge demonstratethe paymentamount of any legal financial obligations,obligation collectionrefund costs,ordered andby document-verifiedthe collateralcourt costsunder bysection submitting5 copiesor 7 of recordsthis demonstratingact paymentin andthe court that issued the order by swornbringing declaration.a motion to amend the order's refund amount.

The prosecutingperson authorityhas maya objectright to athe motionassistance forof vacationcounsel ofin reviewing the convictionrefund onlydetermination onand thein basisbringing thata motion to amend the convictionrefund isamount notin athe qualifyingcourt conviction.that issued the order.

(3) By January 1, 2024, the administrative office of the courts shall develop pattern forms for applications for a pro se vacation of qualifying convictions, motion to amend a legal financial obligation refund amount, and applications for assistance of counsel in bringing the motion to amend the refund amount under this section.

(1) Upon a determination by the court of any valid motion to vacate any qualifying conviction under this chapter, the court shall:

(a) Set aside each guilty plea or verdict, dismiss with prejudice the count or counts in the information, indictment, complaint, or citation thatwith relatesprejudice, to the qualifying conviction or convictions, and vacate the judgment and sentence;

(d) Prohibit the qualifying conviction from being included in a person's criminal history for the purposes of determining bail in a subsequent prosecution or a sentence in any subsequent conviction;

5 SHBHB 1492 (e)(d) DirectProhibit the clerkqualifying toconviction notifyfrom thebeing departmentincluded ofin licensinga toperson's reinstatecriminal history for the person'spurposes privilegeof todetermining drive,bail ifin suspendeda duesubsequent toprosecution theor qualifyinga sentence in any subsequent conviction;

(e) Direct the clerk to notify the department of licensing to reinstate the person's privilege to drive, if suspended due to the qualifying conviction;

(g) OrderProvide the administrativeclerk officewith ofan theapproved courtsitemized toand refundtotaled anyamount documentedof legal financial obligation,obligations collectionto cost,be refunded, and document-direct verifiedthe collateralclerk costto amountscertify paidthe asitemized aand resulttotaled ofamounts; the qualifying conviction;

(h) IncludeOrder in the orderadministrative aoffice statement informing the person of the rightcourts to challenge the amount refunded under the order and that if the person is indigent, the person may request publicly funded counsel, subject to available funding for this purpose, to assist in reviewing the refund determinationany andlegal bringingfinancial aobligations motionpaid to amend the refund amount, as provideda inresult section 8 of thisthe act;qualifying conviction;

and (i) Include in the order a statement thatinforming the defendant'sperson convictionof isthe vacatedright asto unconstitutionalchallenge pursuantthe amount of legal financial obligations refunded under the order and the right to Statethe v.assistance of counsel in reviewing the refund determination and bringing a motion to amend the refund amount, as provided in section 4 of this act;

and (j) Include in the order a statement that the defendant's conviction is vacated as unconstitutional pursuant to State v.

(2) Upon receipt of a court order to vacate a qualifying conviction under this section, the clerk shall transmit notice of the vacate order to the Washington state patrol identification section,section; and shall transmit the certification, and all documentation in support of the certified amount to the administrative office of the courts refund bureau.

(3)the Uponlocal receiptpolice ofagency, noticeif ofany, awhich courtholds ordercriminal tohistory vacateinformation afor qualifying conviction under this section, the Washingtonperson, stateand patrol shall havetransmit nothe moreorder, thanthe sevencertification, workingand daysall todocumentation updatein theirsupport records to reflect the vacation of the qualifyingcertified conviction,amount andto shall transmit the orderadministrative vacatingoffice theof conviction to the federalcourts bureaurefund ofbureau. investigation.

A(3) qualifyingUpon convictionreceipt thatof hasa beencourt vacatedorder to vacate a qualifying conviction under this sectionsection, maythe notWashington bestate disseminatedpatrol orand disclosedany bysuch thelocal statepolice patrol,agency prosecutingshall authority,have orno localmore lawthan enforcementseven agencyworking days to anyupdate person,their exceptrecords otherto criminalreflect justicethe enforcementvacation agencies.of the qualifying conviction, and shall transmit the order vacating the conviction to the federal bureau of investigation.

(4) A qualifying conviction that has been vacated under this chaptersection may not be includeddisseminated in the person's criminal history for purposes of determining bail in a subsequent prosecution or adisclosed sentence in any subsequent conviction, and the person must be released from all penalties and p.

6 SHBHB 1492 disabilitiesby resultingthe fromstate thepatrol, offense.prosecuting attorney, or local law enforcement agency to any person.

(4) A qualifying conviction vacated under this chapter may not be included in the person's criminal history for purposes of determining bail in a subsequent prosecution or a sentence in any subsequent conviction, and the person must be released from all penalties and disabilities resulting from the offense.

For any qualifying conviction vacated under this section, a prosecuting authorityattorney may not refile any charges for acts alleged in the original indictment, information, or affidavit of probable cause filed in relation to the qualifying conviction, and may not file new or additional charges based on acts alleged in any law enforcement report from which the qualifying conviction arose.

(1) If the vacation of a qualifying conviction under this chapter affects a sentence imposed for a separate conviction by altering the person's criminaloffender historyscore asunder defined in RCW 9.94A.030,9.94A.525, then the person may file a motion to be resentenced in the applicable sentencing court.

Any person with a qualifying conviction who is currently serving a current or pending sentence under the supervision of the department of corrections has a right to court-appointedthe assistance of counsel for resentencing proceedings under this sectionsection. consistent with the provisions set forth in chapter 10.101 RCW.

For(2) theA purposesprosecuting attorney may not file or refile previously dismissed charges contained in any indictment, information, or affidavit of thisprobable chapter,cause individualsfiled incarceratedin underrelation to the jurisdictionconviction offor which the departmentperson ofqualifies correctionsfor areresentencing presumedunder indigent.this section, and may not file new or additional charges based on acts alleged in any law enforcement report from which the conviction arose for which the person is being resentenced.

(2) A prosecuting authority may not file or refile previously dismissed charges contained in any indictment, information, or affidavit of probable cause filed in relation to the conviction for which the person qualifies for resentencing under this section, and may not file new or additional charges based on acts alleged in any law enforcement report from which the conviction arose for which the person is being resentenced.

(a) Direct the clerk to cancel any unpaid balances of legal financial obligations imposed upon the person as a result of the qualifying nonconviction, and direct the clerk to remove the legal financialp. obligations from collection if collection of legal financial obligations was assigned to a private collection agency;

p.7 HB 1492 financial obligations from collection if collection of legal financial obligations was assigned to a private collection agency;

7 SHB 1492 (b) Provide the clerk with an approved itemized and totaled amount of documented legal financial obligation,obligations collectionto cost,be refunded, and document-verifieddirect collateralthe costclerk amounts to becertify refunded;the itemized and totaled amounts;

and (c) Order the administrative office of the courts to refund any documented legal financial obligation,obligations collection cost, and document- verified collateral cost amounts paid as a result of the qualifying nonconviction.

(2) The clerk shall transmit the order and certification to the administrative office of the courts refund bureau.

(1)(1)(a) WithinLegal threefinancial yearsobligations ofrefunded issuanceas of a refundresult amountof froma thevacated refundqualifying bureau,conviction ashall personnot maybe challengereallocated theto amount of any other legal financial obligationobligations orthe collectionperson costis refundrequired orderedto bypay the court under sectionother 5cause numbers or 7to oflegal thisfinancial actobligations ifowed theon orderother resultedconvictions from a motion brought under section 3 of this act by bringing a motion to amend the order'ssame refundcause amountnumber. in the court that issued the order.

A(b) personThe mayclerk alsoshall moveidentify toall amendlegal thefinancial refundobligations amountfrom toqualifying includeconvictions document-verifiedwhich collateralhave costsbeen paid asand apreviously resultreallocated ofto theother qualifyingcounts conviction or qualifyingcause nonconviction.numbers and the amount reallocated.

AnyThis motioninformation toshall challengebe orprovided amendto the refundprosecuting amountattorney's mustoffice includeand documentationthe toadministrative supportoffice anyof additionalthe refundcourts. amounts sought.

AThe personpreviously bringingreallocated a motion to challenge the refund amount mustshall notifybe therefunded. refund bureau of the challenge.

(2) IfWhen the persononly iscrime indigent, and if the refund amount was ordered as a result of aconviction motion brought under sectiona 3cause ofnumber thisis act,a thequalifying personconviction, may request the servicescourt ofshall counsel,vacate subjectall to funding appropriated for this specific purpose to the office of civil legal aidfinancial orobligations theimposed officeunder of public defense, to review the refundconviction determination and toorder assist in bringing a good-faith motion to amend the refund amountof inany thelegal courtfinancial thatobligation issuedamounts thepaid. order.

The(3) provisionIf ofthe publiclyperson fundedwhose counselqualifying conviction is vacated has multiple convictions under thisthe sectioncause willnumber, bethe coordinatedfollowing bystandards apply for determining the officeallocation of publiclegal defensefinancial obligations and the officeamount ofthe civilperson legalis aid.entitled to be refunded under the vacated qualifying conviction:

For the purpose of this section, "indigent" has the same meaning given in RCW 10.101.010.

(3) A motion to amend the refund amount brought under this section is not a collateral attack as defined under RCW 10.73.090.

Nothing in this chapter shall be construed as limiting a person's right to appeal a court order under applicable Washington court rules.

p.

8 SHB 1492 NEW SECTION.

Sec.

9.

(1) Legal financial obligations refunded as a result of a vacated qualifying conviction shall not be reallocated to any other legal financial obligations the person is required to pay under other cause numbers or to legal financial obligations owed on other convictions under the same cause number.

(2) When the only crime of conviction under a cause number is a qualifying conviction, the court shall vacate all legal financial obligations imposed under the conviction and order the refund of any documented legal financial obligation, collection cost, and document- verified collateral cost amounts paid.

(3) If the person whose qualifying conviction is vacated has multiple convictions under the cause number, the following standards apply for determining the allocation of legal financial obligation, collection cost, and document-verified collateral cost amounts the person is entitled to be refunded under the vacated qualifying conviction:

(ii) If all other nonvacated counts are misdemeanors, but one of those counts was originally charged as a felony, $250 of the victim penalty assessment principal amountamount, and any associated interest and collection fees, shall be vacated and, if paid, refunded;

(iii)p. If all other nonvacated counts are misdemeanors, and none of those counts were originally charged as a felony, the victim penalty assessment shall be vacated and, if paid, refunded.

8 HB 1492 (iii) If all other nonvacated counts are misdemeanors, and none of those counts were originally charged as a felony, the victim penalty assessment and any associated interest and collection fees shall be vacated and, if paid, refunded.

(ii) If none of the nonvacated counts are crimes specified in RCW 43.43.754, the DNA collection fee and any associated interest and collection fees shall be vacated and, if paid, refunded.

(c) TheCosts crimeof laboratorya analysiscourt feeappointed attorney imposed under RCW 43.43.69010.101.020(5) shall be vacatedreduced and, if paid, refunded, unlessbased on the feeproportion wasof imposedthe forvacated acounts convictionunder thatthe iscause notnumber. a qualifying conviction.

(d)The Forproportionate areduction fineand imposedrefund shall be computed by dividing the number of vacated counts by the original total counts of conviction under RCWthe 69.50.430:cause number.

(d) The crime laboratory analysis fee imposed under RCW 43.43.690 and any associated interest and collection fees shall be vacated and, if paid, refunded, unless the fee was imposed for a conviction that is not a qualifying conviction.

(e) For a fine imposed under RCW 69.50.430:

p.(ii) If none of the nonvacated counts are crimes specified in RCW 69.50.430, the fine and any associated interest and collection fees shall be vacated and, if paid, refunded.

9(f) SHBFor 1492any (ii)fee Ifimposed nonefor ofa thecounty nonvacatedor countsinterlocal aredrug crimesfund: specified in RCW 69.50.430, the fine shall be vacated and, if paid, refunded.

(e) For any fee imposed for a county or interlocal drug fund:

(ii) If none of the nonvacated counts are drug offenses, as defined under RCW 9.94A.030, the drug fund fee and any associated interest and collection fees shall be vacated and, if paid, refunded.

(f)(g) DrugThe courtpublic costssafety and education assessment imposed under RCW 3.62.090, and any associated interest and collection fees, shall be vacated and, if paid, refunded.refunded, in proportion to the percentage of other legal financial obligations vacated for the qualifying conviction.

(g)(h) AllDrug court costs ofand chemicalany dependencyassociated evaluationinterest orand treatmentcollection fees shall be refundedvacated whereand, eitherif waspaid, orderedrefunded. as a condition of the judgment and sentence.

Uponp. presentation of proof of document- verified collateral costs associated with a chemical dependency evaluation or treatment, the court shall order a refund amount equaling the proof of payment presented.

(h)9 IfHB any1492 legal(i) financialAll obligationcosts isof reduced,chemical vacated,dependency evaluation or refundedtreatment pursuantshall tobe (a)refunded throughin (f)the amount of this$250 subsection,where accruedeither interestwas andordered collectionas costsa shallcondition beof vacatedthe and,judgment ifand paid,sentence. refunded.

AccruedUpon interestpresentation andof collectionproof costsof shallpayment beexceeding reducedthe and,amount ifin paid,this refunded,subsection based(3)(i), on the proportioncourt ofshall theorder vacateda countsrefund underamount equaling the causeproof number.of payment presented.

TheNothing proportionatein reductionthis andsection refundprecludes shalla beperson computedwith bya dividingqualifying theconviction numberor ofqualifying vacatednonconviction countsfrom byseeking thelegal originalfinancial totalobligations countsin excess of convictionthis underamount thewhere causeproof number.of payment is presented to a court.

10.9.

p.The administrative office of the courts shall indicate any period of time where court records are unavailable.

10 SHB 1492 The administrativeclerk office of the courtscourt shall indicatedevelop anya periodsimilar report of timeall wheresealed courtcases recordsof arepersons unavailable.with qualifying convictions and qualifying nonconvictions.

This report must be kept confidential and may only be shared with the administrative office of the courts, except as otherwise provided in this section.

(3)p. Upon availability, the administrative office of the courts shall provide completed installments of the report of qualifying convictions and qualifying nonconvictions to clerks in the superior, district, and municipal courts, and to the office of public defense and the office of civil legal aid.

10 HB 1492 (3) Upon availability, the administrative office of the courts shall provide completed installments of the report of qualifying convictions and qualifying nonconvictions to clerks in the superior, district, and municipal courts, and to the state office of public defense and the office of civil legal aid.

(4) The administrative office of the courts shall complete the report for all qualifying convictions and nonconvictions under section 1(9)1(6) (a), (b), and (c) of this act by January 1, 2024.

The administrative office of the courts shall complete the report for all qualifying convictions and qualifying nonconvictions under section 1(9)(d)1 (6)(d) of this act by July 1, 2024.

Reports compiled, received, and shared under this section are exempt from public disclosure under chapter 42.56 RCW.

No public agency, public official, or custodian shall be liable, nor shall a cause of action exist, for any loss or damage based upon a release of a report under this section if the public agency, public official, or custodian acted in good faith in attempting to comply with the provisions of this chapter.

11.10.

(1) AllThe reportsadministrative compiled,office received,of the courts shall create and sharedadminister undera thisrefund chapterbureau to provide direct refunds to persons who are exemptentitled to a refund of legal financial obligations paid pursuant to a vacated qualifying conviction or a qualifying nonconviction based on certifications of legal financial obligations received from publicclerks disclosurein underthe chaptersuperior, 42.56district, RCW.or municipal courts.

(2) No public agency, public official, or custodian shall be liable, nor shall a cause of action exist, for any loss or damage based upon a release of a report under this chapter if the public agency, public official, or custodian acted in good faith in attempting to comply with the provisions of this chapter.

NEW SECTION.

Sec.

12.

(1) The administrative office of the courts shall create and administer a refund bureau to provide direct p.

11 SHB 1492 refunds to persons who are entitled to a refund of legal financial obligations, collection costs, and document-verified collateral costs paid pursuant to a vacated qualifying conviction or a qualifying nonconviction based on certifications of legal financial obligations received from clerks in the superior, district, or municipal courts, or the department of corrections.

The refund bureau shall also provide direct refunds to persons who made payments towards the costs of supervision as a result of a qualifying conviction based on the list certified by the department of corrections under subsection (2) of this section.

(2) The departmentadministrative office of correctionsthe courts shall provide thea administrativenotice officeto ofall thepersons courtswho withare aentitled certifiedto lista refund of alllegal financial obligations paid under a qualifying convictionsconviction inor whichqualifying thenonconviction defendantof paidtheir anyright amountto towardsthe refund and the costprocess offor supervision.applying for the refund.

This(3) listThe shallnotice containmust include notice that the defendant'sperson name,has casethe number,right andto bring a motion to amend the refund amount paid.if the person believes the refund amount is inaccurate and the right to counsel to assist in p.

The11 departmentHB of1492 correctionsreviewing shallthe providedetermination, thisand listbringing a nonfrivolous motion to amend the administrativerefund officeamount ofin the courtscourt bythat Januaryissued 1,the 2024.order.

(3) The administrativenotice officemust ofprovide theinformation courtson shallthe provideprocess a notice to allbring personsa whomotion are entitled to aamend the refund ofamount legaland financialhow obligations,to collectioncontact costs,the document-verifiedstate collateraloffice costs, or costs of supervisionpublic paiddefense underand athe qualifyingoffice conviction or qualifying nonconviction of theircivil rightlegal toaid theif refund and the processperson forwishes applyingto forobtain thean refund.attorney.

(4)(a)(4) UponThe theadministrative issuanceoffice of the courts shall create a refund,searchable theonline administrativedatabase officeto ofallow thepersons courtsto search and determine whether they have a qualifying conviction that has been vacated and whether they are entitled to a refund bureauof mustlegal alsofinancial notifyobligations thepaid personas that:a result of a vacated qualifying conviction or a qualifying nonconviction.

(i) The person has the right to bring a motion to amend the refund amount if the person believes the refund amount is inaccurate;

(ii) The person must bring the motion within three years after issuance of the refund;

and (iii) If the person is indigent, the person may request publicly funded counsel, subject to available funding for this purpose, to review the determination and assist in bringing a good-faith motion to amend the refund amount in the court that issued the order.

(b) The notice must provide information on the process to bring a motion to amend the refund amount and how to contact the office of public defense and the office of civil legal aid if the person is indigent and wishes to obtain the assistance of an attorney.

p.

12 SHB 1492 (5) The administrative office of the courts shall create a searchable online database to allow persons to search and determine whether they have a qualifying conviction that has been vacated and whether they are entitled to a refund of legal financial obligations, collection costs, or document-verified collateral costs paid as a result of a vacated qualifying conviction or a qualifying nonconviction.

13.11.

Nothing in this chapter is intended to modify or have any affect on the procedures or requirements for, or the consequences of, a vacation of a criminal offense under other provisions of law.

NEW SECTION.

Sec.

14.

Reports compiled, received, and shared under chapter 9.--- RCW (the new chapter created in section 189 of this act)act are exempt from disclosure under this chapter.

15.12.

(ii) assault in the third degree under RCW 9A.36.031 when not committed against a law p.

1312 SHBHB 1492 degree under RCW 9A.36.031 when not committed against a law enforcement officer or peace officer;

For all purposes, including responding to questions on employment applications, an offender whose conviction has been p.

1413 SHBHB 1492 employment applications, an offender whose conviction has been vacated may state that the offender has never been convicted of that crime.

16.13.

1514 SHBHB 1492 (d) The offense was a violation of RCW 46.61.502 (driving while under the influence), 46.61.504 (actual physical control while under the influence), 9.91.020 (operating a railroad, etc.

1615 SHBHB 1492 financial obligations and successful completion of any treatment ordered as a condition of sentencing;

1716 SHBHB 1492 (a) The applicant is a member of a tribe that may exercise treaty Indian fishing rights at the location where the offense occurred;

1817 SHBHB 1492 vacated conviction in a later criminal prosecution unless the conviction was for:

(8) The clerk of the court in which the vacation order is entered shall immediately transmit the order vacating the conviction to the Washington state patrol identification section((section and to the local police agency, if any, which holds criminal history information for the person who is the subject of the conviction)).conviction.

The Washington state patrol ((andand any such local police agency))agency shall immediately update their records to reflect the vacation of the conviction, and shall transmit the order vacating the conviction to the federal bureau of investigation.

17.14.

1918 SHBHB 1492 services and supplies as may be necessary for the maintenance and support of the inmate while in the custody of the department, based on the average per inmate costs established by the department and the office of financial management.

2019 SHBHB 1492 (5) The amount deducted from an inmate's funds under subsection (2) of this section shall not exceed the department's total cost of incarceration for the inmate incurred during the inmate's minimum or actual term of confinement, whichever is longer.

RCW (the new chapter created in section 1815 of this act) are exempt from the deductions requirements in subsection (2) of this section when the defendant is in custody in a correctional facility.

2120 SHBHB 1492 (10) Inmates sentenced to life imprisonment without possibility of release or sentenced to death under chapter 10.95 RCW receives funds, deductions are required under subsection (2) of this section, with the exception of a personal inmate savings account under subsection (2)(b) of this section.

18.15.

Sections 1 through 1310 of this act constitute a new chapter in Title 9 RCW.

2221 SHBHB 1492