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WA HB1982
Bill
Status
2/14/2025
Primary Sponsor
Debra Lekanoff
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AI Summary
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Expands eligibility for vacating convictions of tribal members convicted of fishing, hunting, gathering, or pasturing offenses while exercising treaty rights, removing the previous requirement that convictions occurred before January 1, 1975
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Allows family members or official tribal representatives to petition on behalf of deceased individuals to vacate qualifying treaty rights-related convictions
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Creates a staff tribal liaison counsel position within the Office of Public Defense to conduct outreach to tribes, develop educational materials about the vacation process, and provide direct legal representation to eligible individuals
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Authorizes the Office of Public Defense to provide direct representation and consultation services to individuals seeking to vacate treaty rights-related convictions, including filing motions and appearing at court proceedings
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Requires vacation of conviction if the applicant is a member of a tribe with treaty rights at the offense location and the state has been enjoined from enforcing the violated statute as it interferes with treaty rights, citing United States v. Washington, Sohappy v. Smith, State v. Wallahee, or other relevant court decisions
Legislative Description
Vacating convictions involving the exercise of treaty rights by Indian tribal members.
Last Action
House Rules "X" file.
2/19/2026