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                                         SUBSTITUTE SENATE BILL NO. 3090

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                                                   Passed Legislature - 1985 Reg. - Governor Vetoed

State of Washington                              49th Legislature                              1985 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Talmadge and Halsan)

Read first time 2/14/85.

AN ACT Relating to defense of persons; 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:

          No person in the state shall be held criminally or civilly liable or 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)) assault, ((armed)) robbery, ((holdup)) burglary, arson, 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 defense.

In a coroner's inquest or similar proceeding required by law relating to the conduct of a law enforcement officer, where the officer's conduct is subsequently found justified for reasons of self defense, defense of others, or lawful arrest or apprehension, the state of Washington shall indemnify or reimburse the officer for all loss of time, reasonable legal fees, or other expenses involved in the officer's defense.