H-1031.2
HOUSE BILL 1891
State of Washington
69th Legislature
2025 Regular Session
By Representatives Graham, Chase, Walsh, and Schmidt
Read first time 02/07/25. Referred to Committee on Civil Rights & Judiciary.
AN ACT Relating to the establishment of liability standards for criminal defense counsel; amending RCW 4.92.070 , 4.92.075 , and 4.96.041 ; adding a new chapter to Title 7 RCW; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) Any person injured by an individual who was previously arrested for a violent offense, and subsequently released from custody before trial for such offense as a result of the advocacy of their criminal defense counsel, has a cause of action against such criminal defense counsel if: (a) The individual caused the injury after being released from custody; and (b) the criminal defense counsel failed to adequately consider the risk of public harm that could result from the individual being released from custody.
(2) For the purposes of this section, "criminal defense counsel" means any attorney who is licensed to practice law in this state and who represents an individual who is or has been previously accused of, arrested for, charged with, or incarcerated for committing a violent offense.