CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE SENATE BILL 5263
Chapter 325, Laws of 2021
67TH LEGISLATURE
2021 REGULAR SESSION
LAW ENFORCEMENT—PERSONAL INJURY AND WRONGFUL DEATH CIVIL ACTIONS—DEFENSES
EFFECTIVE DATE: July 25, 2021
Passed by the Senate March 5, 2021 Yeas 28 Nays 20 DENNY HECK
President of the Senate Passed by the House April 8, 2021 Yeas 56 Nays 42 LAURIE JINKINS
Speaker of the House of Representatives | CERTIFICATE I, Brad Hendrickson, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5263 as passed by the Senate and the House of Representatives on the dates hereon set forth. BRAD HENDRICKSON
Secretary Secretary |
Approved May 18, 2021 11:50 AM | FILED May 18, 2021 |
JAY INSLEE
Governor of the State of Washington | Secretary of State State of Washington |
ENGROSSED SUBSTITUTE SENATE BILL 5263
Passed Legislature - 2021 Regular Session
State of Washington | 67th Legislature | 2021 Regular Session |
BySenate Law & Justice (originally sponsored by Senators Frockt, Pedersen, Das, Hasegawa, Hunt, Kuderer, Liias, Saldaña, Wellman, and Wilson, C.)
READ FIRST TIME 02/05/21.
AN ACT Relating to defenses in personal injury and wrongful death actions where the person injured or killed was committing a felony; and amending RCW
4.24.420.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW
4.24.420 and 1987 c 212 s 901 are each amended to read as follows:
((It))(1) Except in an action arising out of law enforcement activities resulting in personal injury or death, it is a complete defense to any action for damages for personal injury or wrongful death that the person injured or killed was engaged in the commission of a felony at the time of the occurrence causing the injury or death and the felony was a proximate cause of the injury or death. ((However, nothing))
(2) In an action arising out of law enforcement activities resulting in personal injury or death, it is a complete defense to the action that the finder of fact has determined beyond a reasonable doubt that the person injured or killed was engaged in the commission of a felony at the time of the occurrence causing the injury or death, the commission of which was a proximate cause of the injury or death.
(3) Nothing in this section shall affect a right of action under 42 U.S.C. Sec. 1983.
Passed by the Senate March 5, 2021.
Passed by the House April 8, 2021.
Approved by the Governor May 18, 2021.
Filed in Office of Secretary of State May 18, 2021.
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