ENGROSSED SUBSTITUTE SENATE BILL 5263
State of Washington | 67th Legislature | 2021 Regular Session |
BySenate Law & Justice (originally sponsored by Senators Frockt, Pedersen, Das, Hasegawa, Hunt, Kuderer, Liias, Saldaña, Wellman, and Wilson, C.)
READ FIRST TIME 02/05/21.
AN ACT Relating to defenses in personal injury and wrongful death actions where the person injured or killed was committing a felony; and amending RCW
4.24.420.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW
4.24.420 and 1987 c 212 s 901 are each amended to read as follows:
((It))(1) Except in an action arising out of law enforcement activities resulting in personal injury or death, it is a complete defense to any action for damages for personal injury or wrongful death that the person injured or killed was engaged in the commission of a felony at the time of the occurrence causing the injury or death and the felony was a proximate cause of the injury or death. ((However, nothing))
(2) In an action arising out of law enforcement activities resulting in personal injury or death, it is a complete defense to the action that the finder of fact has determined beyond a reasonable doubt that the person injured or killed was engaged in the commission of a felony at the time of the occurrence causing the injury or death, the commission of which was a proximate cause of the injury or death.
(3) Nothing in this section shall affect a right of action under 42 U.S.C. Sec. 1983.
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