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SB 5290

Concerning consolidating local permit review processes.

2023-2024 Regular Session Introduced by Phil Fortunato and 6 co-sponsors

Allows courts to dismiss certain possession charges after completing court-approved treatment, without prejudice and with written, sealed findings in the interest of justice.

Effective date 7/23/2023*.
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Bill Summary · SB 5290

Summary of SB 5290 (2025 Regular Session) – Washington

Purpose and intent

  • SB 5290 aims to allow individuals who complete substance use treatment to seek dismissal of certain controlled-substance-related charges in courts of limited jurisdiction.
  • The substitute version adds a formal justification for dismissal (in the interest of justice) and creates a process for a court to dismiss “without prejudice” upon meeting specified criteria, with written findings.

Key provisions

Original bill (S-0252.2)

  • Applies to courts of limited jurisdiction.
  • Eligible offenses (possession-related) include RCW 69.50.4011(1)(b) or (c) and RCW 69.50.4013, 69.50.4014, or 69.41.030(2)(b) or (c).
  • Process:
    • The charged person may seek dismissal after undergoing a certified substance use disorder or certified co-occurring mental health and substance use disorder assessment and enrolling in and completing a court-approved treatment program.
    • The assessment must evaluate criminal history and substance use history and show a substance use disorder requiring treatment.
    • The treatment program must be court-approved in the charging jurisdiction.
    • If the individual files the assessment report, proof of successful treatment completion, and the underlying police report at or before the readiness hearing, the court shall dismiss the charges. Filings are under seal.
    • If other offenses in the same cause number/conduct exist (nonpossession offenses), the court may dismiss those other charges unless the prosecutor objects.

Substitute bill (S-1474.2)

  • Adds legislative findings: courts may dismiss charges in the interest of justice; this enhances transparency and court control over docket outcomes.
  • New Sec. 2 (expanded dismissal framework):
    • Eligibility similar to the original: assessment showing a substance use disorder; completion of a court-approved treatment program.
    • Dismissal standard:
    • The court shall dismiss without prejudice if, by readiness hearing, the individual files (under seal): the assessment report and proof of successful completion, and the court finds:
      • The assessment shows a substance use disorder requiring treatment.
      • The treatment was successfully completed through a court-approved/state-certified provider.
      • The interests of justice warrant dismissal.
    • For nonpossession offenses arising from the same conduct, the court may dismiss those charges without prejudice unless the prosecutor objects.
    • The court must state its reasons for dismissal in writing and on the record.

Who would be affected

  • Individuals charged with possession-related offenses under RCW 69.50.4011(1)(b)/(c), 69.50.4013, 69.50.4014, or 69.41.030(2)(b)/(c) in limited-jurisdiction courts.
  • Courts in those jurisdictions, treatment providers approved by the court, prosecutors, and defendants seeking dismissal after treatment completion.

Procedural and timeline aspects

  • Legislative actions show a process culminating in an X-file rule status as of March 17, 2025.
  • Key procedural milestones:
    • January 15, 2025: First reading
    • January 28, 2025: Public hearing (Law & Justice)
    • February 20–21, 2025: Executive action and passage to Rules Committee; first substitute considered
    • February 21, 2025: Second reading in Rules
    • March 5, 2025: Placed on second reading by Rules
    • March 17, 2025: Senate Rules “X” file status

Potential impact

  • Provides a pathway to dismiss certain possession charges following treatment completion, potentially reducing collateral consequences of a criminal conviction.
  • Introduces require­ment for court-found reasons and, in the substitute, makes dismissals “without prejudice,” preserving the defendant’s ability to pursue future charges if circumstances allow.
  • Shifts some authority to individual judges to determine dismissal in the interest of justice, alongside new sealing and record-keeping requirements.

Compiled from official sources — confirm details with the bill’s official record.

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