WA HB1890

Creates a new cause of action allowing persons injured by individuals previously arrested for violent offenses to sue state prosecutors who declined to file charges, if the prosecutor failed to adequately consider public harm risks before releasing the individual

Requires prosecutors declining charges for violent offense arrests to publish written assessments analyzing the individual's criminal record, risk of future violence, vulnerability of potential victims, and adequacy of alternatives to prosecution

Eliminates prosecutorial immunity as a defense in these lawsuits, explicitly removing absolute immunity protections for charging decisions

Awards prevailing plaintiffs actual damages, at least nominal damages, plus potential attorney's fees and costs; prosecutors found by clear and convincing evidence to have intentionally, knowingly, or recklessly disregarded public harm become personally liable for all defense costs and judgments

Establishes a 3-year statute of limitations from discovery of the cause of action, with an effective date of January 1, 2026