FINAL BILL REPORT

SSB 5066

                              C 94 L 89

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

Modifying self-defense requirements.

Senate Committee on Law & Justice

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

Under current law, no person in this state may be placed in legal jeopardy for protecting, by any reasonable means, person or property against certain heinous crimes.  The present statute needs revision to update the list of crimes and remove obsolete language.

In cases of self-defense, the law provides reimbursement to a defendant for lost time, legal fees, or other expenses associated with a legal defense when it is found that the defendant's actions were justified.  Defendants entitled to reimbursement are required to submit requests for payment under the sundry claims process.  Current law requires the jury which rendered the initial verdict be called back for a supplemental proceeding to decide whether the "not guilty" verdict was actually based on a finding of self-defense.  It is recommended that this determination of indemnification be made by either the judge or jury in the criminal proceeding.

SUMMARY:

Kidnapping, arson, and burglary are added to the list of crimes in the defense of person or property statute.  In addition, obsolete language is deleted.

The determination of whether the defendant is entitled to indemnification for expenses associated with a legal defense is made by either the judge or jury at the discretion of the judge in the criminal proceeding.  This indemnification is an award of reasonable costs which includes loss of time, legal fees, or other expenses.  In addition, the Legislature may grant a higher award through the sundry claims process.

Before a defendant is entitled to indemnification for legal expenses, the jury must return a special verdict which indicates that the defendant's actions are justified on the basis of self-defense.  If the issue of self-defense is decided by the judge, he or she must consider the same questions as specified in the special verdict.

The provisions of the defense of person or property statute are recodified in a different section of the criminal code.

VOTES ON FINAL PASSAGE:

     Senate   46    0

     House 96  0 (House amended)

     Senate   44    1 (Senate concurred)

EFFECTIVE:July 23, 1989