H-0451.1  _______________________________________________

                          HOUSE BILL 1394

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Hurst, Constantine, Lambert, Sheahan, McDonald, Lovick, H. Sommers, Dickerson, Kenney and Esser

Read first time 01/22/1999.  Referred to Committee on Judiciary.

Making the defense of duress unavailable for the crime of homicide by abuse.

    AN ACT Relating to the duress defense; and amending RCW 9A.16.060.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 9A.16.060 and 1975 1st ex.s. c 260 s 9A.16.060 are each amended to read as follows:

    (1) In any prosecution for a crime, it is a defense that:

    (a) The actor participated in the crime under compulsion by another who by threat or use of force created an apprehension in the mind of the actor that in case of refusal he or she or another would be liable to immediate death or immediate grievous bodily injury; and

    (b) That such apprehension was reasonable upon the part of the actor; and

    (c) That the actor would not have participated in the crime except for the duress involved.

    (2) The defense of duress is not available if the crime charged is murder ((or)), manslaughter, or homicide by abuse.

    (3) The defense of duress is not available if the actor intentionally or recklessly places himself or herself in a situation in which it is probable that he or she will be subject to duress.

    (4) The defense of duress is not established solely by a showing that a married person acted on the command of his or her spouse.

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