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Bill

HB 1890

Concerning the establishment of liability standards for prosecutors.

2025-2026 Regular Session Introduced by Rob Chase and 3 co-sponsors

HB 1890 establishes civil liability standards for Washington prosecutors, potentially reducing immunity protections and enabling lawsuits for prosecutorial misconduct or negligence.

First reading, referred to Civil Rights & Judiciary.
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Bill Summary · HB 1890

Legislative bill overview

HB 1890 establishes new liability standards that would allow civil actions against prosecutors in Washington state. The bill modifies existing immunity protections that currently shield prosecutors from personal liability for actions taken in their official capacity. This represents a significant shift in prosecutorial accountability mechanisms.

Why is this important

Prosecutors currently enjoy broad absolute immunity for discretionary decisions made during prosecution, making it difficult for individuals to pursue civil remedies for alleged prosecutorial misconduct. Changing these standards could provide recourse for wrongful convictions, malicious prosecution, or other harms while raising questions about prosecutorial independence and operational costs. This directly affects both access to justice for potential victims of misconduct and the resources available for prosecution offices.

Potential points of contention

  • Prosecutorial independence concerns: Critics worry that expanded liability exposure could make prosecutors overly cautious or reluctant to pursue cases, potentially undermining effective law enforcement and public safety
  • Scope and definition disputes: The specific standards for liability matter enormously—whether based on gross negligence, recklessness, or intentional misconduct will determine actual impact and litigation frequency
  • Resource implications: Prosecutors and local governments may face increased insurance costs, litigation expenses, and staffing challenges if liability exposure increases significantly

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

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