The Senate has adopted a significant amendment to proposed changes to the felony bar defense.
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...” Previous versions
of the bill would have adjusted the language to allow any individual injured or killed to recover damages unless the person was convicted of a class A or B felony. However, that language would have created major liability cities.
As amended on the Senate floor, SB 5263 now provides law enforcement officers with a defense
to actions brought against them if the court determines, beyond a reasonable doubt, that the person injured or killed during an arrest was engaged in a felony at the time of injury or death. A welcome change, it provides law enforcement officers and
cities a defense against such court cases. Additionally, the amended bill is no longer retroactive.
SB 5263 passed the Senate with a vote of 28-20. It currently awaits a hearing in the House Civil Rights & Judiciary Committee.