HOUSE BILL REPORT

HB 1146

BYRepresentatives Padden and Moyer

Requiring a special verdict in cases alleging self defense.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (17)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Dellwo, Hargrove, Inslee, P. King, Locke, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Bill Perry (786-7123)

AS REPORTED BY COMMITTEE ON JUDICIARY MARCH 1, 1989

BACKGROUND:

A number of statutes excuse the use of physical violence that would otherwise be subject to civil or criminal prosecution.  Many of these provisions apply to law enforcement activities.  Some of them apply to private citizens who are acting in defense of others, themselves or their property.

One statute protects a person from all legal jeopardy for using any reasonable means necessary to protect one's self, family or property.  Reasonable means may also be used to come to the aid of third parties who are victims, or in imminent danger of becoming victims, of any heinous crime, including aggravated assault, armed robbery, holdup, rape or murder.  If a defendant has successfully argued self defense, this statute also obligates the state to pay all the defendant's legal costs and income loss resulting from the criminal charges.

SUMMARY:

SUBSTITUTE BILL:  Special jury instructions are required in criminal prosecutions in which the defendant has argued self defense and seeks recovery of legal costs and lost income after having been found not guilty.  The jury must answer several questions.  First, it must indicate whether the finding of not guilty was based on self defense.  If the answer to the first question is "yes," then the jury must answer a series of questions to indicate which of the various self-defense grounds was the basis for the verdict of not guilty.

The list of crimes covering situations in which a person has come to the aid of a victim is expanded to all assaults, not just "aggravated" assaults.

Local governments are made liable for the legal costs and lost income of defendants who successfully plead not guilty under the statute when they have been charged with a misdemeanor crime under a local ordinance.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The original bill was limited to cases in which the defendant claimed to have acted in response to the imminent danger of bodily harm to himself or herself.  The substitute expands the coverage of the statute to all assaults and to misdemeanor charges under local ordinances.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Mike Redman, WAPA.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill will help remove confusion as to the basis of some not guilty verdicts.

House Committee - Testimony Against:      None Presented.