SENATE BILL REPORT

SSB 5066

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

Modifying self-defense requirements.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 10, 1989; February 9, 1989

Majority Report:  That Substitute Senate Bill No. 5066 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Madsen, Nelson, Newhouse, Rasmussen, Talmadge, Thorsness.

Senate Staff:Jon Carlson (786-7459)

                  April 7, 1989

House Committe on Judiciary

AS PASSED SENATE, MARCH 2, 1989

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 defendants for lost time, legal fees, or other expenses associated with a legal defense when it is found that the defendant's actions are justified.  Defendants entitled to reimbursement are required to submit requests for payment under the sundry claims process.  Current law requires that 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 the judge 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 provisions of the defense of person or property statute are recodified in a different section of the criminal code.

The determination of whether the defendant is entitled to indemnification for expenses associated with a legal defense is made by the judge in the criminal proceedings.  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.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Mike Redman, Washington Association of Prosecuting Attorneys

HOUSE AMENDMENTS:

The determination of whether the defendant is entitled to indemnification for expenses associated with a legal defense is made by the judge or jury at the discretion of the judge in the criminal proceeding.

Before a defendant is entitled to indemnification for legal expenses, the trier of fact must return a special verdict which indicates that the defendant's actions were justified on the basis of self-defense.