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Committee adopts amendment but fails to adopt substitute for Reuter domestic-abuse post-conviction bill
Summary
Representative Reuter’s bill to let survivors and trafficking victims petition for post-conviction review was amended to expand covered circumstances and evidence types; the committee adopted an amendment but later failed to adopt the substitute (vote 5 aye, 1 no, 8 present).
The Committee on Children and Families debated House Bill 1872, carried by Representative Reuter, which would allow some people convicted of crimes to petition a court after conviction to present evidence that they were victims of domestic violence, coercion or trafficking.
Representative Reuter told the committee the bill "will allow them to petition the court to consider evidence that may or may not have been considered before," and said the amendment broadens coverage to include trafficking and coercion. She described the change as intended to help people who did not have evidence considered at the original sentencing.
Representative Prouty asked whether a judge could both step a felony down and immediately release someone. Reuter replied the statute "can step it down" but does not explicitly provide for immediate release; whether a person is freed depends on how much time they have already served.
Representative Loy pressed language in the amendment intended to prevent frivolous petitions and asked whether the bill requires documentary evidence. Reuter said the amendment requires at least one piece of documentary evidence and listed possible sources: court records, presentence reports, social-services records, hospital records, a sworn statement from a witness who is not the defendant, law-enforcement records, domestic-incident reports, or an order of protection.
Representative Hausman asked whether the change would affect prior trafficking statutes passed last year; Reuter said the amendment contemplates coercion and that survivors who were coerced could be eligible under the amendment.
Representative Dolan raised procedural concerns about draft language affecting preconviction trial instructions and said parts of the bill appeared unworkable as written; Dolan said he would be recorded as "present." Representative Schmidt asked whether the committee would continue working with Judge Dolan on the drafting; Reuter said her office had already reached out to Judge Dolan but was not certain additional fixes could be made in committee.
The committee adopted House Committee Amendment Number 0.01h and rolled it into a substitute; before voting the substitute, Representative Reuter explained the revised scope to members. On the roll call for the substitute, the clerk recorded 5 aye, 1 no, and 8 present, and the chair announced the committee had failed to adopt the substitute for House Bill 1872.
The meeting record does not show further committee action on House Bill 1872 during this session.
