WITHDRAWN 3/4/04

6357 AMH CARR TANG 045

SB 6357 - H AMD

By Representative Carrell

   On page 2, after line 25, insert the following:

   "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 or of criminal trespass at the time of the occurrence causing the injury or death and the felony or criminal trespass 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 criminal trespass."

   Correct the title.

EFFECT: Provides that, in any personal injury or wrongful death civil action, it is a defense that the person injured or killed was engaged in criminal trespass at the time and the criminal trespass is the proximate cause of the injury or death; Specifies that the defense does not apply to attractive nuisance actions if the only offense committed or intended to be committed was criminal trespass.