Bill > HB1890

This bill establishes a new legal framework that allows individuals to sue state prosecutors if they decline to file criminal charges against a person previously arrested for a violent offense, and that person subsequently causes injury after being released. The bill defines a "violent offense" according to existing state law and requires prosecutors to conduct a comprehensive written assessment that analyzes the individual's criminal history, potential risk of violence, victim vulnerabilities, and alternative methods of mitigating potential harm. If a person is injured by such an individual, they can bring a cause of action against the prosecutor if the prosecutor failed to adequately consider public safety risks when declining to press charges. Importantly, the bill eliminates traditional prosecutorial immunity, meaning prosecutors can be personally liable if a court finds they intentionally or recklessly disregarded public harm. For a successful lawsuit, plaintiffs must file within three years of discovering the cause of action, and courts may award actual damages, attorneys' fees, and costs. If a court finds a prosecutor intentionally disregarded public risk, the prosecutor becomes personally responsible for all legal defense costs and judgment expenses, and cannot have these costs covered by the state. The bill will take effect on January 1, 2026, and is designed to hold prosecutors more accountable for charging decisions that could potentially endanger public safety.

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https://app.leg.wa.gov/billsummary?BillNumber=1890&Year=2025&Initiative=false