Bill to lengthen post-conviction filing window draws mixed reaction

House Bill 2595 would extend Washington's statutory time limit for filing most collateral-attack petitions (personal restraint petitions) from one year to three years and authorize the Office of Public Defense to provide direct representation in some cases.

Proponents — including system-impacted witnesses, the state director of public defense and legal-aid organizations — told committee members that the current one-year bar often prevents meritorious claims from reaching the courts because incarcerated people lack access to counsel, legal materials, and stability in the months after sentencing. Daryl Rogers and other witnesses described examples of meritorious claims discovered years later that were barred by the one-year limit.

Larry Jefferson, director of public defense, urged a three-year window as a fairness measure while acknowledging OPD capacity limits and emphasizing continued judicial screening of frivolous petitions. TeamChild and juvenile-justice advocates highlighted the special disadvantages faced by youth sentenced as adults.

Opponents, including King County prosecutors and appellate-practice witnesses, warned that extending the time bar would undermine finality, increase court workload, and may not be necessary because statutory and judicial exemptions (actual innocence, changes in law, invalid sentence) already exist. Those witnesses urged caution about OPD capacity and the resource impacts on courts.

No committee vote was recorded during the Jan. 28 hearing; sponsors and advocates signaled possible amendments to address federal habeas timing and resource concerns.