5263-S AMS PEDE S1878.2
SSB 5263 - S AMD 372
By Senator Pedersen
ADOPTED 03/05/2021
Strike everything after the enacting clause and insert the following:
"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."
SSB 5263 - S AMD 372
By Senator Pedersen
ADOPTED 03/05/2021
On page 1, line 2 of the title, after "felony;" strike the remainder of the title and insert "and amending RCW 4.24.420."
EFFECT: Applies the defense for any felony arising out of law enforcement actions. Removes the retroactivity application. Clarifies a temporal element for the application of the defense arising out of law enforcement actions.
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