Currently in Washington, a person injured or killed while they were in the commission of a felony cannot recover damages from the party that injured or killed them. This provision 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...”
As passed, SB 5263
preserves the felony bar defense for the general public; however, it now includes a specific provision for law enforcement officers. Under the bill, in order for law enforcement officers to use the felony bar defense, a court must determine, 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.
Additionally, the bill no longer applies retroactively.
SB 5263 will be enacted 90 days after session – around July 25. AWC thanks all those who worked on the bill.