S-1737               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5066

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

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

Read first time 2/10/89.

AN ACT Relating to defense of person or property; amending RCW 9.01.200; and recodifying 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:

          No person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself, his family, or his real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of ((aggravated)) first or second degree assault, ((armed)) robbery, ((holdup)) kidnapping, arson, burglary, rape, murder, or any other heinous crime.

          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 shall indemnify or reimburse such defendant for all loss of time, legal fees, or other expenses involved in his or her defense.  This indemnification or reimbursement is an award of reasonable costs which include loss of time, legal fees, or other expenses and is not an independent cause of action.  The determination of an award shall be by the judge in the criminal proceeding.  To award these reasonable costs the judge must find that the defendant's claim of self-defense was sustained by a preponderance of the evidence:  PROVIDED, HOWEVER, That nothing shall preclude the legislature from granting a higher award through the sundry claims process.

NEW SECTION. Sec. 2.  RCW 9.01.200 is hereby decodified and recodified as a new section in chapter 9A.16 RCW.