HB 1113 to expand misdemeanor diversion programs went before a Senate committee with criticism from AWC and city leaders.

The bill would enable misdemeanors and gross misdemeanors to be diverted out of the justice system without prosecutors’ agreement. It was heard by the Senate Law & Justice Committee on March 24, where AWC and leaders from several member cities testified against the legislation, which has the potential to create upheaval and congestion in municipal and district courts.

Watch AWC’s testimony.

The bill would empower judges to pause misdemeanor prosecutions at the request of defense attorneys to give defendants six months to a year to complete restorative programs to have the charges dismissed. Compliance issues would result in a hearing before the judge on whether to restart the prosecution, which would both add new proceedings to court calendars and create delays in trying cases.

The bill had been scheduled to be voted out of committee March 27, but no action was taken. It has not been rescheduled for a committee vote.

Concerning bill to circumvent prosecutors is gaining momentum

March 24, 2025

HB 1113 would empower courts to skip prosecutorial input before diverting misdemeanor cases out of the justice system.

The bill is sponsored by Rep. Darya Farivar (D–Seattle) and will receive a public hearing in the Senate on Monday. It would create a new process to dismiss a simple or gross misdemeanor charge if the defendant completes a 6-12 month program ordered by a judge, at the request of either the prosecution or defense.

Completing the program would require full payment of restitution charges unless the defendant is indigent, and would require that the judge find there has been “substantial compliance” with other conditions. Nothing a defendant admits to while receiving treatment related to the program could be used to prosecute the original case.

AWC finds this bill deeply problematic Because a judge can grant this diversion based on a motion solely by the defense, it circumvents prosecutor’s authority to pursue a case. Additionally, defendants are provided multiple exemptions from entirely fulfilling the ordered diversion program, and finding whether they exceeded even those would require a new and costly court process to weigh the case for revocation.

Member cities are encouraged to voice their opposition by signing in as con. This shows committee members your concern over the bill, without having to testify.

Although the bill intends to provide people facing misdemeanor charges with supportive pathways toward better life choices, it deeply infringes upon prosecutors’ duties to their communities and creates a process that would impose resource burdens on courts.

Dates to remember

HB 1113 is scheduled for public hearing in the Senate Law & Justice Committee on Monday, March 24 at 10:30 am.

HB 1113 is scheduled for vote in the Senate Law & Justice Committee on Thursday, March 27 at 10:30 am.