H-0846.2  _______________________________________________

                          HOUSE BILL 1541

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Carrell, Lambert, Cairnes, Van Luven, Reardon, Santos, Veloria and Morris

Read first time 01/29/2001.  Referred to Committee on Judiciary.

Addressing defenses in civil actions.

    AN ACT Relating to defenses in civil actions; amending RCW 4.24.420; and creating a new section.

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

NEW SECTION. Sec. 1.  The legislature finds that a person who is injured as a result of engaging in criminal activity should not be entitled to recover damages for that injury if the criminal activity was an actual cause of the injury and the circumstances of the injury warrant preclusion of liability as a matter of social policy and common sense.  The law provides a complete defense against a personal injury action if the injured person was engaged in a felony at the time of the injury.  The legislature intends to extend this policy to situations involving gross misdemeanor and misdemeanor crimes.

    Sec. 2.  RCW 4.24.420 and 1987 c 212 s 901 are each amended to read as follows:

    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, a gross misdemeanor, or a misdemeanor at the time of the occurrence causing the injury or death and the felony, the gross misdemeanor, or the misdemeanor was a proximate cause of the injury or death.  However, nothing in this section shall affect a right of action under 42 U.S.C. Sec. 1983, nor shall anything in this section affect a right of action under the common law doctrine of attractive nuisance when the only offense committed or intended to be committed is trespass.

                            --- END ---