H-2195 _______________________________________________
SUBSTITUTE HOUSE BILL NO. 1146
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By House Committee on Judiciary (originally sponsored by Representatives Padden and Moyer)
Read first time 3/1/89.
AN ACT Relating to self defense; and amending RCW 9.01.200.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 8, chapter 206, Laws of 1977 ex. sess. and RCW 9.01.200 are each amended to read as follows:
(1)
No person in the state shall be placed in legal jeopardy of any kind whatsoever
for protecting by any reasonable means necessary, himself or herself,
his or her family, or his or her real or personal property, or
for coming to the aid of another who is in imminent danger of or the victim of
((aggravated)) assault, armed robbery, holdup, rape, murder, or any
other heinous crime.
(2) When a substantial question of self defense in such a case shall exist which needs legal investigation or court action for the full determination of the facts, and the defendant's actions are subsequently found justified under the intent of this section, the state of Washington or local government, whichever brought the legal action against the defendant, shall indemnify or reimburse such defendant for all loss of time, legal fees, or other expenses involved in his or her defense.
(3) Whenever the issue of self defense under this section has been submitted to a jury, and the jury has found the defendant not guilty, the court shall instruct the jury to return a special verdict in substantially the following form:
!tp1 !transwer!sc ,1
!tryes!sc ,1or!sc ,1no
1. Was the finding of not guilty based upon
!sc ,4self defense?!tr!sc.,8
2. If your answer to question 1 is no, do not
!sc ,4answer the remaining question.
3. If your answer to question 1 is yes,
!sc ,4was the defendant:
a. Protecting himself or herself?!tr!sc.,8
b. Protecting his or her family?!tr!sc.,8
c. Protecting his or her property?!tr!sc.,8
d. Coming to the aid of another who
!sc ,4was in imminent danger of a heinous crime?!tr!sc.,8
e. Coming to the aid of another who