AN ACT Relating to deadly force; amending RCW 9A.16.010 and 9A.16.040; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 9A.16.010, chapter 260, Laws of 1975 1st ex. sess. and RCW 9A.16.010 are each amended to read as follows:

In this chapter, unless a different meaning is plainly required:

(1) "Necessary" means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended.

(2) (a) "Dangerous felony" means any felony or equivalent juvenile offense under the laws of this state or any other state or federal jurisdiction which is specified in (b) of this subsection or involves:

(i) The use or attempted use of force causing death or grievous physical injury to another; or

(ii) The use or attempted use of force creating a substantial risk of death or grievous physical injury to another; or

(iii) A threat, express or implied, which places a person in fear of death or grievous physical injury to himself or herself or another or in fear that he or she or another person will be kidnapped.

(b) The following felonies are dangerous felonies: Any murder, manslaughter in the first degree, manslaughter in the second degree, rape in the first degree, rape in the second degree, any robbery, assault in the first degree, assault in the second degree, assault in the third degree, any kidnapping, any arson, and any burglary.

(3) "Deadly force" means the intentional application of force through the use of firearms or any other means reasonably likely to cause death or grievous physical injury.

Sec. 2. Section 9A.16.040, chapter 260, Laws of 1975 1st ex. sess. and RCW 9A.16.040 are each amended to read as follows:

(1) Homicide or the use of deadly force is justifiable ((~~when committed by a public officer, or person acting under his command and in his aid,~~)) in the following cases:

((~~(1)~~)) (a) When a public officer is acting in obedience to the judgment of a competent court((.)); or

((~~(2)~~)) (b) When ((~~necessary~~)) necessarily used by a peace officer to overcome actual resistance to the execution of the legal process, mandate, or order of a court or officer, or in the discharge of a legal duty.

(((3) When necessary in retaking an escaped or rescued prisoner who has been committed, arrested for, or convicted of a felony; or in arresting a person who has committed a felony and is fleeing from justice; or in attempting, by lawful ways or means, to apprehend a person for a felony actually committed; or in lawfully suppressing a riot or preserving the peace.)) (c) When necessarily used by a peace officer or person acting under the officer's command and in the officer's aid:

(i) To arrest or apprehend a person who the officer reasonably believes has committed, has attempted to commit, is committing, or is attempting to commit a dangerous felony;

(ii) To prevent the escape of a person from a federal or state correctional facility or in retaking a person who escapes from such a facility; or

(iii) To prevent the escape of a person from a county or city jail or holding facility if the person has been arrested for, charged with, or convicted of a dangerous felony; or

(iv) To lawfully suppress a riot if the actor or another participant is armed with a deadly weapon.

(2) A public officer or peace officer shall not be held criminally liable for using deadly force without malice and with a good faith belief that such act is justifiable pursuant to this section.

(3) This section shall not be construed as:

(a) Affecting the permissible use of force by a person acting under the authority of RCW 9A.16.020 or 9A.16.050; or

(b) Preventing a law enforcement agency from adopting standards pertaining to its use of deadly force that are more restrictive than this section.

NEW SECTION. Sec. 3. The legislature recognizes that section 2 of this act establishes a dual standard with respect to the use of deadly force by peace officers and private citizens, and further recognizes that private citizens' permissible use of deadly force under the authority of RCW 9A.16.020 or 9A.16.050 is not restricted and remains broader than the limitations imposed on peace officers.