Washington 2023-2024 Regular Session Status: Enacted 9 D cosponsors

SB 5046 — Concerning postconviction access to counsel.

Last action — Effective date 1/1/2024.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 14, 2022. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    1 primary, 9 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (9 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

103 added · 112 removed

Plain-language change summary

The changes made to Senate Bill 5046 primarily include updates to the sections that outline the legal services and programs provided for various groups, such as parents and juveniles. Specifically, the amendments remove and update references within the bill to ensure clarity and consistency, particularly regarding the types of legal representation offered. These adjustments are important because they help streamline legal processes and ensure that indigent individuals have access to necessary legal support in critical situations.

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S-0736.2 SUBSTITUTE SENATE BILL 5046 State of Washington 68th Legislature 2023 Regular Session By Senate Law & Justice (originally sponsored by Senators Saldaña, Nguyen, Trudeau, C.
S-0106.2 SENATE BILL 5046 State of Washington 68th Legislature 2023 Regular Session By Senators Saldaña, Nguyen, Trudeau, C.
Wilson, Dhingra, Frame, Kuderer, Nobles, Pedersen, and Valdez) READ FIRST TIME 01/20/23.
Wilson, Dhingra, Frame, Kuderer, Nobles, Pedersen, and Valdez Prefiled 12/14/22.
Read first time 01/09/23.
Referred to Committee on Law & Justice.
1 SSB 5046 The legislature finds that the criminal legal system disproportionately incarcerates people of color, and that most people in prison are poor and the poorest are women and people of color.
1 SB 5046 The legislature finds that the criminal legal system disproportionately incarcerates people of color, and that most people in prison are poor and the poorest are women and people of color.
(c) Postconviction indigent defense to file and prosecute a first, timely personal restraint petition as authorized by RCW 10.73.150(4) and for proceedings as authorized by RCW 10.73.150 (9) and (10);
(c) Postconviction indigent defense to file and prosecute a first, timely personal restraint petition and for proceedings as authorized by RCW 10.73.150 (7) and (8);
p.
(((e))) (f) Compilation of copies of DNA test requests by persons convicted of felonies, as provided in RCW 10.73.170;
2 SSB 5046 (((e))) (f) Compilation of copies of DNA test requests by persons convicted of felonies, as provided in RCW 10.73.170;
and p.
and (((f))) (g) Representation of indigent respondents qualified for appointed counsel in sexually violent predator civil commitment cases, as provided in chapter 71.09 RCW;
2 SB 5046 (((f))) (g) Representation of indigent respondents qualified for appointed counsel in sexually violent predator civil commitment cases, as provided in chapter 71.09 RCW;
(2) Responds to an appeal filed as a matter of right or responds to a motion for discretionary review or petition for review filed by the state;
3 SSB 5046 (2) Responds to an appeal filed as a matter of right or responds to a motion for discretionary review or petition for review filed by the state;
3 SB 5046 (3) ((Is under a sentence of death and requests)) Requests counsel be appointed to file and prosecute a ((motion or)) first, timely personal restraint petition ((for collateral attack as defined)) as authorized in RCW 10.73.090.
(3) Is under a sentence of death and requests counsel be appointed to file and prosecute a motion or petition for collateral attack as defined in RCW 10.73.090.
Counsel may be provided at public expense to file or prosecute a collateral attack other than a personal restraint petition or to file or prosecute a second or subsequent collateral attack on the same judgment and sentence, if the court determines that the collateral attack is not barred by RCW 10.73.090 or 10.73.140;
Counsel may be provided at public expense to file or prosecute a second or subsequent collateral attack on the same judgment and sentence, if the court determines that the collateral attack is not barred by RCW 10.73.090 or 10.73.140;
(4) ((Is not under a sentence of death and requests counsel to prosecute a collateral attack after the chief judge has determined that the issues raised by the petition are not frivolous, in accordance with the procedure contained in rules of appellate procedure 16.11.
(4) Is not under a sentence of death and requests counsel to file or prosecute a ((collateral attack after the chief judge has determined that the issues raised by the petition are not frivolous, in accordance with the procedure contained in rules of appellate procedure 16.11)) first, timely personal restraint petition.
Counsel shall not be provided at public expense to file or prosecute a second or subsequent collateral attack on the same judgment and sentence;
Counsel ((shall not)) may be provided at public expense to file or prosecute a second or subsequent ((collateral attack)) personal restraint petition on the same judgment and sentence if the court determines the personal restraint petition is not barred by RCW 10.73.090 or 10.73.140;
(5))) Responds to a collateral attack filed by the state or responds to or prosecutes an appeal from a collateral attack that was filed by the state;
(5) Is not under a sentence of death and requests counsel to prosecute a motion for collateral attack other than a personal restraint petition, after the court has determined that the issues raised by the petition establish grounds for relief.
(((6))) (5) Prosecutes a motion or petition for review after the supreme court or court of appeals has accepted discretionary review of a decision of a court of limited jurisdiction;
Counsel may be provided at public expense to file or prosecute a second or subsequent collateral attack other than a personal restraint petition on the same judgment and sentence if the court determines the collateral attack is not barred by RCW 10.73.090 or 10.73.140;
((or (7))) (6) Prosecutes a motion or petition for review after the supreme court has accepted discretionary review of a court of appeals decision;
(6) Responds to a collateral attack filed by the state or responds to or prosecutes an appeal from a collateral attack that was filed by the state;
(7) Requests counsel be appointed to petition the sentencing court if the legislature creates an ability to petition the sentencing court;
(((6))) (7) Prosecutes a motion or petition for review after the supreme court or court of appeals has accepted discretionary review of a decision of a court of limited jurisdiction;
or (8) Requests counsel be appointed to challenge a conviction or sentence if a final decision of an appellate court creates the ability to challenge a conviction or sentence.
((or (7))) (8) Prosecutes a motion or petition for review after the supreme court has accepted discretionary review of a court of appeals decision;
(9) Requests counsel be appointed to petition the sentencing court if the legislature creates an ability to petition the sentencing court;
or p.
4 SSB 5046 (10) Requests counsel be appointed to challenge a conviction or sentence if a final decision of an appellate court creates the ability to challenge a conviction or sentence.
(2) Identify resources and reforms to overcome the barriers;
p.
4 SB 5046 (2) Identify resources and reforms to barriers;
5 SSB 5046
5 SB 5046
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Action History

  1. Effective date 1/1/2024.

  2. Chapter 261, 2023 Laws.

  3. Governor signed.

  4. Delivered to Governor.

  5. Speaker signed.

  6. President signed.

  7. Third reading, passed; yeas, 58; nays, 40; absent, 0; excused, 0.

  8. Rules suspended. Placed on Third Reading.

  9. Rules Committee relieved of further consideration. Placed on second reading.

  10. Referred to Rules 2 Review.

  11. Minority; do not pass.

  12. APP - Majority; do pass.

  13. Executive action taken in the House Committee on Appropriations at 9:00 AM.

  14. Public hearing in the House Committee on Appropriations at 1:30 PM.

  15. Referred to Appropriations.

  16. Minority; without recommendation.

  17. Minority; do not pass.

  18. CRJ - Majority; do pass.

  19. Executive action taken in the House Committee on Civil Rights & Judiciary at 10:30 AM.

  20. Public hearing in the House Committee on Civil Rights & Judiciary at 8:00 AM.

  21. First reading, referred to Civil Rights & Judiciary.

  22. Third reading, passed; yeas, 30; nays, 19; absent, 0; excused, 0.

  23. Rules suspended. Placed on Third Reading.

  24. 2nd substitute bill substituted (WM 23).

  25. Placed on second reading by Rules Committee.

  26. Passed to Rules Committee for second reading.

  27. Minority; without recommendation.

  28. Minority; do not pass.

  29. WM - Majority; 2nd substitute bill be substituted, do pass.

  30. Executive action taken in the Senate Committee on Ways & Means at 4:00 PM.

  31. Public hearing in the Senate Committee on Ways & Means at 4:00 PM.

  32. Referred to Ways & Means.

  33. Minority; without recommendation.

  34. And refer to Ways & Means.

  35. LAW - Majority; 1st substitute bill be substituted, do pass.

  36. Executive action taken in the Senate Committee on Law & Justice at 8:00 AM.

  37. Public hearing in the Senate Committee on Law & Justice at 8:00 AM.

  38. First reading, referred to Law & Justice.

  39. Prefiled for introduction.

Sponsors

Sponsorship breakdown

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1 sponsors · 9 co-sponsors · 141 not signed on · 46 voted No

Sponsors (1)

Co-sponsors (9)

Not signed on (141)

141 members have not signed on to this bill.

Show all 141 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading & Final Passage (#17)

Passed 58 Yea · 40 Nay
Party YeaNayPresentNot Voting
Republican 03000
Democrat 57000
Unaffiliated 11000
Total 584000
% of votes cast 59%41%0%0%
How each member voted (98)
Member Party Vote
Chambers — Nay
Chandler — Nay
Cheney — Nay
Chopp — Yea
Hutchins — Nay
Kretz — Nay
Maycumber — Nay
Mosbrucker — Nay
Robertson — Nay
Sandlin — Nay
Wilcox — Nay
Alex Ramel Democrat Yea
Alicia Rule Democrat Yea
Amy Walen Democrat Yea
April Berg Democrat Yea
Beth Doglio Democrat Yea
Bill Ramos Democrat Yea
Brandy Donaghy Democrat Yea
Chipalo Street Democrat Yea
Chris Stearns Democrat Yea
Cindy Ryu Democrat Yea
Clyde Shavers Democrat Yea
Dan Bronoske Democrat Yea
Darya Farivar Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Drew Hansen Democrat Yea
Emily Alvarado Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
Joe Timmons Democrat Yea
Julia Reed Democrat Yea
Julio Cortes Democrat Yea
Kristine Reeves Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Mary Fosse Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Roger Goodman Democrat Yea
Sharlett Mena Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Nay
Andrew Barkis Republican Nay
April Connors Republican Nay
Carolyn Eslick Republican Nay
Chris Corry Republican Nay
Cyndy Jacobsen Republican Nay
Dan Griffey Republican Nay
Drew Stokesbary Republican Nay
Ed Orcutt Republican Nay
Jenny Graham Republican Nay
Jim Walsh Republican Nay
Joe Schmick Republican Nay
Joel McEntire Republican Nay
Keith Goehner Republican Nay
Kevin Waters Republican Nay
Leonard Christian Republican Nay
Mark Klicker Republican Nay
Mary Dye Republican Nay
Michelle Valdez Republican Nay
Mike Steele Republican Nay
Mike Volz Republican Nay
Paul Harris Republican Nay
Peter Abbarno Republican Nay
Sam Low Republican Nay
Skyler Rude Republican Nay
Stephanie Barnard Republican Nay
Stephanie McClintock Republican Nay
Suzanne Schmidt Republican Nay
Tom Dent Republican Nay
Travis Couture Republican Nay

Official roll call →

3rd Reading & Final Passage (#3)

Passed 30 Yea · 19 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7400
Republican 11500
Democrat 22000
Total 301900
% of votes cast 61%39%0%0%
How each member voted (49)
Member Party Vote
Billig — Yea
Hawkins — Nay
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Nay
Randall — Yea
Rivers — Nay
Rolfes — Yea
Van De Wege — Yea
Wilson, L. — Nay
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Claudia Kauffman Democrat Yea
Derek Stanford Democrat Yea
Jamie Pedersen Democrat Yea
Javier Valdez Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Noel Frame Democrat Yea
Rebecca Saldaña Democrat Yea
Sharon Shewmake Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Yasmin Trudeau Democrat Yea
Chris Gildon Republican Nay
Curtis King Republican Nay
Drew MacEwen Republican Nay
Jeff Holy Republican Nay
Jeff Wilson Republican Nay
Jim McCune Republican Nay
John Braun Republican Nay
Judy Warnick Republican Nay
Keith Wagoner Republican Yea
Mark Schoesler Republican Nay
Matt Boehnke Republican Nay
Nikki Torres Republican Nay
Perry Dozier Republican Nay
Phil Fortunato Republican Nay
Ron Muzzall Republican Nay
Shelly Short Republican Nay

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors SB 5046?
SB 5046 is sponsored by Javier Valdez (Democrat), Jamie Pedersen (Democrat), T'wina Nobles (Democrat), Kuderer, Noel Frame (Democrat), Manka Dhingra (Democrat), Claire Wilson (Democrat), Yasmin Trudeau (Democrat), Rebecca Saldaña (Democrat), and Joe Nguyen (Democrat).
What is the current status of SB 5046?
This bill has been enacted into law. Introduced December 14, 2022. Enacted.
Where can I track SB 5046?
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