Senators look to change a state law to allow people injured during the commission of a felony to recover monetary damages against the person or entity causing the injury. The legislation, as drafted, would apply retroactively.

Currently in Washington, persons injured or killed during the commission of a felony cannot recover damages. This defense is known as the “felony bar” to recovery. The applicable statute RCW 4.24.420 states that, “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...” This defense removes liability from an arresting officer as well as bars any recovery of monetary damages.

SB 5263, sponsored by Sen. David Frockt (D–Seattle), would adjust the language of the felony bar defense to allow any individual injured or killed to recover damages unless the person “has been convicted of a class A or class B felony." Additionally, the bill would be remedial and applies retroactively to all claims commenced prior to the effective date of the bill.

AWC is opposed to this bill. Multiple avenues for civil reform are already in existence. Additionally, we oppose the remedial clause in the bill as it could create a major liability for cities. We encourage you to contact your legislators and express your concerns regarding this bill.

Dates to remember

SB 5263 is scheduled for public hearing in the Senate Law & Justice Committee on Tuesday, February 2 at 10:30 am. The bill is scheduled for executive session in the same committee on Thursday, February 4 at 10:30 am.