SB 5520

CERTIFICATION OF ENROLLMENT
  SUBSTITUTE SENATE BILL 5520
  Chapter 224, Laws of 2026
  69th Legislature
  2026 Regular Session
   WRONGLY CONVICTED PERSONS—COMPENSATION—VARIOUS PROVISIONS
  EFFECTIVE DATE: June 11, 2026
Passed by the Senate March 9, 2026  CERTIFICATE
  Yeas 31 Nays 18
  I, Sarah Bannister, Secretary of
  the   Senate   of   the   State  of
  DENNY HECK  Washington, do hereby certify that
President of the Senate  the attached is SUBSTITUTE SENATE
  BILL 5520 as passed by the Senate
  and the House of Representatives on
  the dates hereon set forth.
Passed by the House March 6, 2026
  Yeas 72 Nays 23
  SARAH BANNISTER
  LAURIE JINKINS  Secretary
Speaker of the House of
Representatives
Approved March 25, 2026 11:38 AM  FILED
  March 25, 2026
  Secretary of State
  BOB FERGUSON  State of Washington
Governor of the State of Washington
  SUBSTITUTE SENATE BILL 5520
  AS AMENDED BY THE HOUSE
  Passed Legislature - 2026 Regular Session
State of Washington  69th Legislature        2026 Regular Session
By Senate Law & Justice (originally sponsored by Senators Orwall,
Frame, Hasegawa, Lovelett, and Saldaña)
READ FIRST TIME 01/30/26.
1      AN ACT Relating to reforming the wrongly convicted persons act;
2  amending RCW 4.100.030, 4.100.040, 4.100.050, 4.100.060, 4.100.070,
3  4.100.080, 4.100.090, and 28B.15.395; adding a new section to chapter
4  4.100 RCW; and repealing RCW 4.100.020.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6     NEW SECTION.    Sec. 1.   A new section is added to chapter 4.100
7 RCW to read as follows:
8     The definitions in this section apply throughout this chapter
9 unless the context clearly requires otherwise.
10     (1)   "Actually   innocent"   describes  a   person   for  whom   a
11 preponderance of all the evidence no longer supports a finding that
12 the person engaged in conduct that is the basis for a felony charged
13 in the charging document.
14     (2)   "Significant   new    exculpatory  information"   means   any
15 information, without regard to its admissibility in court, that:
16     (a) Supports or is consistent with a person's claim they were
17 wrongly convicted; and
18     (b) Was not considered by the finder of fact at trial or in a
19 plea hearing before conviction.
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1     (3) "Wrongly convicted" means a person who was charged,
2 convicted, and imprisoned for one or more felonies of which he or she
3 is actually innocent.
4     Sec. 2.   RCW 4.100.030 and 2013 c 175 s 3 are each amended to
5 read as follows:
6     (1) Any person convicted in superior court and subsequently
7 imprisoned for one or more felonies of which he or she is actually
8 innocent may file a claim for compensation from the state.
9     (2) If a person entitled to file a claim under subsection (1) of
10 this section is deceased, incapacitated and incapable of filing the
11 claim, or if he or she is a minor, or is a nonresident of the state,
12 the claim may be filed on behalf of the claimant by an authorized
13 agent.
14     (3) A claim filed under this chapter survives to the personal
15 representative of the claimant as provided in RCW 4.20.046.
16     (4) All claims under this chapter must be filed in superior
17 court. The venue for such actions is governed by RCW 4.12.020.
18     (((2))) (5) Service of the summons and complaint is governed by
19 RCW 4.28.080.
20     Sec. 3.   RCW 4.100.040 and 2013 c 175 s 4 are each amended to
21 read as follows:
22     (1) In order to file an actionable claim for compensation under
23 this chapter, the claim must not be time barred under RCW 4.100.090
24 and the claimant must ((establish by documentary evidence)) state
25 facts and provide documentation in sufficient detail for the finder
26 of fact to determine by a preponderance of the evidence that:
27     (a) The claimant has been convicted of one or more felonies in
28 superior court and subsequently sentenced to a term of imprisonment,
29 and has served all or part of the sentence;
30     (b)(((i))) The claimant did not engage in the conduct that is the
31 basis for a felony charged in the charging document;
32     (c) The claimant did not commit or suborn perjury or fabricate
33 evidence to cause or bring about the conviction. Any form of guilty
34 plea to a crime the claimant did not commit, or a confession that is
35 false or illegally obtained, does not constitute perjury or
36 fabricated evidence under this subsection;
37     (d) The claimant is not currently incarcerated for any offense;
38 and
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1     (((ii))) (e) During the period of confinement or civil detention
2 for which the claimant is seeking compensation, the claimant was not
3 serving a term of imprisonment or a concurrent sentence for any crime
4 other than the felony or felonies that are the basis for the claim((;
5     (c)(i))).
6     (2) In addition to the requirements of subsection (1) of this
7 section, the claimant must state facts and present documentation in
8 sufficient detail for the finder of fact to determine by a
9 preponderance of the evidence that:
10     (a) The claimant has ((been pardoned)) received a pardon,
11 commutation, or reprieve on grounds consistent with innocence for the
12 felony or felonies that are the basis for the claim; or
13     (((ii))) (b) The claimant's judgment of conviction was reversed
14 or vacated ((and the charging document dismissed on the basis of
15 significant new exculpatory information or, if a new trial was
16 ordered pursuant to the presentation of significant new exculpatory
17 information, either the claimant was found not guilty at the new
18 trial or the claimant was not retried and the charging document
19 dismissed; and
20     (d) The claim is not time barred by RCW 4.100.090.
21     (2) In addition to the requirements in subsection (1) of this
22 section, the claimant must state facts in sufficient detail for the
23 finder of fact to determine that:
24     (a) The claimant did not engage in any illegal conduct alleged in
25 the charging documents; and
26     (b) The claimant did not commit or suborn perjury, or fabricate
27 evidence to cause or bring about the conviction. A guilty plea to a
28 crime the claimant did not commit, or a confession that is later
29 determined by a court to be false, does not automatically constitute
30 perjury or fabricated evidence under this subsection.
31     (3))) following the presentation or development of significant
32 new exculpatory information, and:
33     (i) The claimant was not retried and the charges were dismissed;
34     (ii) The claimant maintained their innocence and entered a plea
35 pursuant to North Carolina v. Alford, 400 U.S. 25 (1970) or State v.
36 Newton, 87 Wn.2d 363 (1976); or
37     (iii) The claimant was retried and not convicted.
38     (3) Convictions vacated, overturned, or subject to resentencing
39 pursuant to In re: Personal Detention of Andress, 147 Wn.2d 602
40 (2002) or State of Washington v. Blake, 197 Wn.2d 170 (2021) may not
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1 serve as the basis for a claim under this chapter unless the claimant
2 otherwise satisfies the qualifying criteria set forth ((in)) under
3 RCW ((4.100.020)) 4.100.030 and this section.
4     (4) The claimant must verify the claim unless he or she is
5 deceased or incapacitated, in which case the personal representative
6 or agent filing on behalf of the claimant must verify the claim.
7     (5) ((If the)) (a) The attorney general ((concedes)) may concede
8 that the claimant was wrongly convicted at any time, in which case
9 the court must award compensation as provided in RCW 4.100.060.
10     (((6)(a))) (b) The attorney general must concede that the
11 claimant was wrongly convicted if the claim meets the criteria set
12 forth in subsection (1) of this section, except in the following
13 circumstances where the attorney general may request an evidentiary
14 hearing for the judge to assess the credibility or evidentiary value
15 of the significant new exculpatory information in order to do further
16 analysis to evaluate the claim:
17     (i) The conviction was reversed or vacated as part of
18 postconviction proceedings based on the presentation of significant
19 new exculpatory information, but no evidentiary hearing was held in
20 court as part of the proceedings; or
21     (ii)   The   significant   new   exculpatory  information  is   a
22 recantation, and there has not been a judicial finding of
23 credibility.
24     (c) If the attorney general does not concede ((that)) the
25 ((claimant was wrongly convicted)) claim and the court finds after
26 reading the claim that the claimant does not meet the filing criteria
27 set forth in this section, it may dismiss the claim or enter summary
28 judgment in favor of the state, either on its own motion or on the
29 motion of the attorney general.
30     (((b))) (6) Claims under this chapter must be evaluated at all
31 stages of the proceeding in a manner that promotes the remedial
32 purpose of this chapter.
33     (7) If the court dismisses the claim or enters summary judgment
34 in favor of the state, the court must set forth the reasons for its
35 decision in written findings of fact and conclusions of law.
36     Sec. 4.   RCW 4.100.050 and 2013 c 175 s 5 are each amended to
37 read as follows:
38     Any party is entitled to the rights of appeal afforded parties in
39 a civil action following a decision on such motions. ((In the case
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1  of)) If the claimant appeals the dismissal of a claim, review of the
2  superior court action is de novo. If the state appeals a judgment in
3  favor of a claimant and the claimant ultimately prevails, interest
4  shall accrue from the date the judgment was entered pursuant to RCW
5  4.56.115.
6     Sec. 5.   RCW 4.100.060 and 2013 c 175 s 6 are each amended to
7 read as follows:
8     (1) In order to obtain a judgment in his or her favor, the
9 claimant must show by clear and convincing evidence that:
10     (a) The claimant was convicted of one or more felonies in
11 superior court and subsequently sentenced to a term of imprisonment,
12 and has served all or any part of the sentence;
13     (b)(i) The claimant is not currently incarcerated for any
14 offense; and
15     (ii) During the period of confinement or civil detention for
16 which the claimant is seeking compensation, the claimant was not
17 serving a term of imprisonment or a concurrent sentence for any
18 conviction other than those that are the basis for the claim;
19     (c)(i) The claimant ((has been pardoned)) received a pardon,
20 commutation, or reprieve on grounds consistent with innocence for the
21 felony or felonies that are the basis for the claim; or
22     (ii) The claimant's judgment of conviction was reversed or
23 vacated ((and the charging document dismissed on the basis))
24 following the development or presentation of significant new
25 exculpatory information ((or, if a new trial was ordered pursuant to
26 the presentation of significant new exculpatory information, either
27 the claimant was found not guilty at the new trial or the claimant
28 was not retried and the charging document dismissed)) and:
29     (A) The claimant was not retried and the charges were dismissed;
30     (B) The claimant maintained their innocence and entered a plea
31 pursuant to North Carolina v. Alford, 400 U.S. 25 (1970) or State v.
32 Newton, 87 Wn.2d 363 (1976); or
33     (C) The claimant was retried and not convicted;
34     (d)   ((The  claimant   did  not   engage  in   any  illegal))   A
35 preponderance of the evidence no longer supports a finding that the
36 claimant engaged in the conduct ((alleged)) charged as a felony in
37 the charging documents; and
38     (e) The claimant did not commit or suborn perjury, or fabricate
39 evidence to cause or bring about his or her conviction. ((A)) Any
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1 form of guilty plea to a crime the claimant did not commit, or a
2 confession that is ((later determined by a court to be)) false or
3 illegally obtained, does not ((automatically)) constitute perjury or
4 fabricated evidence under this subsection.
5     (2) Any pardon or proclamation issued to the claimant must be
6 certified by the officer having lawful custody of the pardon or
7 proclamation, and be affixed with the seal of the office of the
8 governor, or with the official certificate of such officer before it
9 may be offered as evidence.
10     (3) In exercising its discretion regarding the weight and
11 admissibility of evidence, the ((court)) finder of fact must give due
12 consideration to difficulties of proof caused by the passage of time
13 or by release of evidence ((pursuant to a plea)), the death or
14 unavailability of witnesses, the destruction of evidence, or other
15 factors not caused by the ((parties)) claimant.
16     (4) The claimant may not be compensated for any period of time in
17 which he or she was serving a term of imprisonment or a concurrent
18 sentence or civil detention for any conviction other than the felony
19 or felonies that are the basis for the claim.
20     (5) If the jury or, in the case where the right to a jury is
21 waived, the court finds by clear and convincing evidence that the
22 claimant was wrongly convicted, the court must order the state to pay
23 the actually innocent claimant the following compensation award, as
24 adjusted for partial years served and to account for inflation from
25 July 28, 2013:
26     (a) ((Fifty thousand dollars)) $50,000 for each year of actual
27 confinement including time spent awaiting trial or in civil detention
28 resulting only from the wrongful conviction, and an additional
29 ((fifty thousand dollars)) $50,000 for each year served under a
30 sentence of death ((pursuant to chapter 10.95 RCW));
31     (b) ((Twenty-five thousand dollars)) $25,000 for each year served
32 on parole, community custody, or as a registered sex offender
33 pursuant only to the felony or felonies which are grounds for the
34 claim;
35     (c) Compensation for child support payments owed by the claimant
36 that became due and interest on child support arrearages that accrued
37 while the claimant was in custody on the felony or felonies that are
38 grounds for the compensation claim. The funds must be paid on the
39 claimant's behalf in a lump sum payment to the department of social
40 and health services for disbursement under Title 26 RCW; and
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1     (d) Reimbursement for all restitution, assessments, fees, court
2 costs, and all other sums paid by the claimant as required by
3 pretrial orders and the judgment and sentence((; and
4     (e) Attorneys')).
5     (6) The court shall award to a prevailing claimant attorneys'
6 fees ((for successfully bringing the wrongful conviction claim))
7 calculated at ((ten)) 10 percent of the monetary damages awarded
8 under subsection (5)(a) and (b) of this section, plus expenses.
9 However, attorneys' fees and expenses may not exceed ((seventy-five
10 thousand dollars)) $75,000. ((These)) Attorneys' fees and expenses
11 may not be deducted from the compensation award due to the claimant
12 and counsel is not entitled to receive additional fees or expenses
13 from the client related to the claim. The court may not award any
14 attorneys' fees to the claimant if the claimant fails to prove he or
15 she was wrongly convicted.
16     (((6) The)) (7) A compensation award under this chapter may not
17 include any punitive damages.
18     (((7))) (8) The court may not offset the compensation award by
19 any expenses incurred by the state, the county, or any political
20 subdivision of the state including, but not limited to, expenses
21 incurred to secure the claimant's custody, or to feed, clothe, or
22 provide medical services for the claimant. The court may not offset
23 against the compensation award the value of any services or reduction
24 in fees for services to be provided to the claimant as part of the
25 award under this section.
26     (((8))) (9) The compensation award is not income for tax
27 purposes, except attorneys' fees awarded under ((subsection (5)(e)
28 of)) this section.
29     (((9))) (10)(a) Upon finding that the claimant was wrongly
30 convicted, the court must seal the claimant's record of conviction.
31     (b) Upon request of the claimant, the court may order the
32 claimant's record of conviction vacated if the record has not already
33 been vacated, expunged, or destroyed under court rules. The
34 requirements for vacating records under RCW 9.94A.640 do not apply.
35     (((10))) (11) Upon request of the claimant, the court must refer
36 the claimant to the department of corrections or the department of
37 social and health services for access to reentry services, if
38 available, including but not limited to ((counseling on the ability
39 to enter into a structured settlement agreement and where to obtain
40 free or low-cost legal and financial advice if the claimant is not
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1 already represented,)) the community-based transition programs and
2 long-term support programs for housing, education, mentoring, life
3 skills training, assessment, job skills development, mental health,
4 and substance abuse treatment.
5     (((11))) (12) The claimant or the attorney general may initiate
6 and agree to a claim with a structured settlement for the
7 compensation awarded under ((subsection (5) of)) this section. During
8 negotiation of the structured settlement agreement, the claimant must
9 be given adequate time to consult with the legal and financial
10 advisor of his or her choice. Any structured settlement agreement
11 binds the parties with regard to all compensation awarded. A
12 structured settlement agreement entered into under this section must
13 be in writing and signed by the parties or their representatives and
14 must clearly state that the parties understand and agree to the terms
15 of the agreement.
16     (((12)))   (13)  Before   approving   any  structured  settlement
17 agreement, the court must ensure that the claimant has an adequate
18 understanding of the agreement. The court may approve the agreement
19 only if the judge finds that the agreement is in the best interest of
20 the claimant and actuarially equivalent to ((the)) a lump sum
21 compensation award under ((subsection (5) of)) this section before
22 taxation. When determining whether the agreement is in the best
23 interest of the claimant, the court must consider the following
24 factors:
25     (a) The age and life expectancy of the claimant;
26     (b) The marital or domestic partnership status of the claimant;
27 and
28     (c) The number and age of the claimant's dependents.
29     Sec. 6.   RCW 4.100.070 and 2013 c 175 s 7 are each amended to
30 read as follows:
31     (1) On or after July 28, 2013, when a court grants judicial
32 relief, such as reversal and vacation of a person's conviction,
33 consistent with the criteria established in RCW 4.100.040, the court
34 must provide to the claimant a copy of this chapter and RCW
35 ((4.100.020 through 4.100.090,)) 28B.15.395((,)) and 72.09.750 at the
36 time the relief is granted.
37     (2) The clemency and pardons board or the indeterminate sentence
38 review board, whichever is applicable, upon issuance of a pardon,
39 commutation, or reprieve by the governor on grounds consistent with
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1  innocence on or after July 28, 2013, must provide a copy of this
2  chapter and RCW ((4.100.020 through 4.100.090,)) 28B.15.395((,)) and
3  72.09.750 to the individual pardoned.
4      (3) If an individual entitled to receive the information required
5  under this section shows that he or she was not provided with the
6  information, he or she has an additional ((twelve months)) three
7  years, beyond the statute of limitations under RCW 4.100.090, to
8  bring a claim under this chapter.
9     Sec. 7.   RCW 4.100.080 and 2013 c 175 s 8 are each amended to
10 read as follows:
11     (1) It is the intent of the legislature that the ((remedies and))
12 monetary compensation ((provided)) calculated under this chapter
13 shall ((be exclusive to all other remedies at law and in equity
14 against the state or any political subdivision of the state. As a
15 requirement to making a request for relief under this chapter, the
16 claimant waives any and all other remedies, causes of action, and
17 other forms of relief or compensation against the state, any
18 political subdivision of the state, and their officers, employees,
19 agents, and volunteers related to the claimant's wrongful conviction
20 and imprisonment. This waiver shall also include all state, common
21 law, and federal claims for relief, including claims pursuant to 42
22 U.S.C. Sec. 1983. A wrongfully convicted person who elects not to
23 pursue a claim for compensation pursuant to this chapter shall not be
24 precluded from seeking relief through any other existing remedy. The
25 claimant must execute a legal release prior to the payment of any
26 compensation under this chapter)) establish the monetary minimum
27 compensation owed to a claimant pursuant to a wrongful conviction. If
28 ((the release is held invalid for any reason and)) the claimant is
29 awarded compensation under this chapter and receives a tort award
30 from the state or any political subdivision of the state related to
31 his or her wrongful conviction ((and incarceration)), the claimant
32 must reimburse the state for the lesser of:
33     (a) The amount of the compensation award, excluding the portion
34 awarded pursuant to RCW 4.100.060(5) (c) through (((e))) (d) and (6);
35 or
36     (b) The amount received by the claimant under the tort award.
37     (2) A release dismissal agreement, plea agreement, or any similar
38 agreement whereby a prosecutor's office or an agent acting on its
39 behalf agrees to take or refrain from certain action if the accused
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1  individual agrees to forgo legal action against the county, the state
2  of Washington, or any political subdivision, is admissible and should
3  be evaluated in light of all the evidence. However, any such
4  agreement is not dispositive of the question of whether the claimant
5  was wrongly convicted or entitled to compensation under this chapter.
6     Sec. 8.   RCW 4.100.090 and 2013 c 175 s 9 are each amended to
7 read as follows:
8     (1) Except as provided in RCW 4.100.070, an action for
9 compensation under this chapter must be commenced within ((three))
10 six years after the grant of a pardon or other executive relief, the
11 grant of judicial relief and satisfaction of other conditions
12 described in ((RCW 4.100.020)) this chapter, or release from custody,
13 whichever is later. ((However, any)) Any action by the state
14 challenging or appealing the grant of judicial relief or release from
15 custody ((tolls)) shall toll the ((three)) six-year period.
16     (2) Any person((s)) meeting the criteria set forth in ((RCW
17 4.100.020)) this chapter who was wrongly convicted before ((July 28,
18 2013,)) the effective date of this section who maintained his or her
19 innocence and entered a plea pursuant to North Carolina v. Alford,
20 400 U.S. 25 (1970) or State v. Newton, 87 Wn.2d 363 (1976) may
21 commence an action under this chapter within three years after ((July
22 28, 2013)) the effective date of this section.
23     (3) Any person whose claim for compensation under this chapter
24 was denied pursuant to RCW 4.100.080 as it existed prior to amendment
25 by section 7, chapter . . ., Laws of 2026 (section 7 of this act) may
26 file a motion to have the claim reconsidered within one year after
27 the effective date of this section.
28     Sec. 9. RCW 28B.15.395 and 2015 c 55 s 215 are each amended to
29 read as follows:
30     (1) Subject to the conditions in subsection (2) of this section
31 and the limitations in RCW 28B.15.910, the governing boards of the
32 state universities, the regional universities, The Evergreen State
33 College, and the community and technical colleges, must waive all
34 tuition and fees for the following persons:
35     (a) A wrongly convicted person; and
36     (b) Any child or stepchild of a wrongly convicted person who was
37 born or became the stepchild of, or was adopted by, the wrongly
38 convicted person before compensation is awarded under RCW 4.100.060.
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1     (2) The following conditions apply to waivers under subsection
2 (1) of this section:
3     (a) A wrongly convicted person must be a Washington domiciliary
4 to be eligible for the tuition waiver.
5     (b) A child must be a Washington domiciliary ((ages seventeen
6 through twenty-six)) at least 17 years of age to be eligible for the
7 tuition waiver. A child's marital status does not affect eligibility.
8     (c) Each recipient's continued participation is subject to the
9 school's satisfactory progress policy.
10     (d) Tuition waivers for graduate students are not required for
11 those who qualify under subsection (1) of this section but are
12 encouraged.
13     (e) Recipients who receive a waiver under subsection (1) of this
14 section may attend full time or part time. Total credits earned using
15 the waiver may not exceed two hundred quarter credits, or the
16 equivalent of semester credits.
17     (3) Private vocational schools and private higher education
18 institutions are encouraged to provide waivers consistent with the
19 terms of this section.
20     (4) For the purposes of this section:
21     (a) "Child" means a biological child, stepchild, or adopted child
22 who was born of, became the stepchild of, or was adopted by a wrongly
23 convicted person before compensation is awarded under RCW 4.100.060.
24     (b) "Fees" includes all assessments for costs incurred as a
25 condition to a student's full participation in coursework and related
26 activities at an institution of higher education.
27     (c) "Washington domiciliary" means a person whose true, fixed,
28 and permanent house and place of habitation is the state of
29 Washington. In ascertaining whether a wrongly convicted person or
30 child is domiciled in the state of Washington, public institutions of
31 higher education must, to the fullest extent possible, rely upon the
32 standards provided in RCW 28B.15.013.
33     (d) "Wrongly convicted person" means a Washington domiciliary who
34 ((was awarded damages under RCW 4.100.060)) filed a successful claim
35 under chapter 4.100 RCW.
36     NEW SECTION.   Sec. 10.   RCW 4.100.020 (Claim for compensation—
37 Definitions) and 2013 c 175 s 2 are each repealed.
  Passed by the Senate March 9, 2026.
  Passed by the House March 6, 2026.
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Approved by the Governor March 25, 2026.
Filed in Office of Secretary of State March 25, 2026.
  --- END ---
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