HOUSE BILL REPORT

SSB 5066

BYSenate Committee on Law & Justice (originally sponsored by Senators Pullen and Rasmussen)

Modifying self-defense requirements.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (18)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Hargrove, Inslee, P. King, Locke, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, D. Sommers, Tate and Wineberry.

Minority Report:  Without recommendation.  (1)

      Signed by Representative Dellwo.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE APRIL 5, 1989

BACKGROUND:

A number of statutes excuse the use of physical violence that would otherwise be subject to civil or criminal prosecution.  Many of these provisions apply to law enforcement activities.  Some of them apply to private citizens who are acting in defense of others, themselves or their property.

One statute protects a person from all legal jeopardy for using any reasonable means necessary to protect one's self, family or property under any circumstances. Such means may also be used to come to the aid of third parties who are victims, or in imminent danger of becoming victims of any heinous crime, including aggravated assault, armed robbery, holdup, rape or murder.  This provision also obligates the state to pay all costs and lost income to a defendant who successfully pleads self defense under it.

SUMMARY:

The statute providing legal immunity for acts done in the defense of one's self, family or property, or in aid of others is amended in several ways.

The list of crimes covering situations in which a person has come to the aid of a victim or potential victim is altered.  All assaults and all robberies, not just "aggravated" assaults and "armed" robberies are included.  "Holdup" is eliminated, and kidnapping, arson, and burglary are added.

The determination of whether a defendant who successfully pleads self defense may recover expenses is to be made by the judge or jury.  The judge has discretion as to whether it is the judge or jury who makes the determination. It is made explicit that this determination is an award of costs as part of the action brought against the defendant and is not an independent cause of action by the defendant.  The state legislature may use the sundry claims process to award a defendant more than a judge or jury has in a particular case.

Either the judge or jury must answer specific questions regarding the defendant's actions when the determination of an award is made.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Senator Pullen; Mike Curtis, Office of the Administrator for the Courts.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The self defense law contains some archaic references that the bill updates.  Judges should have the authority to make these decisions in order to avoid jury confusion.

House Committee - Testimony Against:      None Presented.