Z-1164.3  _______________________________________________

                          HOUSE BILL 2354

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State of Washington      57th Legislature     2002 Regular Session

By Representatives Alexander, Lantz and Esser; by request of Governor Locke and Attorney General

Read first time 01/15/2002.  Referred to Committee on Judiciary.

Regulating the admissibility of benevolent gestures in civil actions.

    AN ACT Relating to expressions of benevolence, sympathy, and regret; and adding a new chapter to Title 5 RCW.

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

NEW SECTION. Sec. 1.  (1) The portion of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident, and made to that person or to the family of that person, shall be inadmissible as evidence in a civil action.  A statement of fault, however, which is part of, or in addition to, any of the above shall not be made inadmissible by this section.

    (2) For purposes of this section:

    (a) "Accident" means an occurrence resulting in injury or death to one or more persons that is not the result of willful action by a party.

    (b) "Benevolent gestures" means actions that convey a sense of compassion or commiseration emanating from humane impulses.

    (c) "Family" means the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half brother, half sister, adopted child of a parent, or spouse's parents of an injured party.

NEW SECTION. Sec. 2.  Section 1 of this act constitutes a new chapter in Title 5 RCW.

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