Bill > HB1892

This bill establishes a unique legal mechanism allowing individuals who are injured by someone previously arrested for a violent offense to sue state legislators who voted for laws that made it easier for such individuals to obtain pretrial release or avoid criminal prosecution. Under the proposed law, plaintiffs can bring a cause of action against legislators if they can prove the legislator failed to adequately consider public safety risks when voting on the law. The bill defines "adequate consideration" as requiring a written, published assessment analyzing evidence about potential criminal risks, victim vulnerabilities, and alternatives to pretrial release. Importantly, the bill eliminates legislative immunity as a defense, meaning legislators can be personally held liable if a court finds they intentionally or recklessly disregarded public safety risks. If a court determines a legislator acted with clear and convincing evidence of reckless disregard, they could be personally responsible for legal defense costs and judgments, and would be required to reimburse the state for any previously paid legal expenses. The cause of action must be commenced within three years, applies only to incidents occurring after the law's effective date (January 1, 2026), and is intended to be liberally construed to achieve its remedial purposes. The bill also makes conforming amendments to existing statutes regarding legal representation and judgment satisfaction for public officials.

Justice

https://app.leg.wa.gov/billsummary?BillNumber=1892&Year=2025&Initiative=false