Introduction

RCW 9A.16.046 outlines the conditions under which a peace officer charged with a crime can be reimbursed for legal costs if found not guilty due to justifiable homicide, use of deadly force, or self-defense. This statute ensures that officers who act within the scope of their authority and are exonerated can recover their expenses. This article explains the key provisions and implications of this law.

Key Provisions of RCW 9A.16.046

RCW 9A.16.046 specifies several important conditions and processes:

1. Reimbursement for Legal Costs:
   • If a peace officer is found not guilty or charges are dismissed due to justifiable homicide, use of deadly force, or self-defense while on duty, the state of Washington will reimburse the officer for all reasonable costs. This includes loss of time, legal fees, and other defense-related expenses.
   • This reimbursement is not an independent cause of action, meaning it does not create a separate lawsuit for the officer to claim these costs.
2. Judicial Determination of Award:
   • When a judge determines justifiable homicide, use of deadly force, or self-defense, they also determine the reimbursement amount.
   • The judge must consider specific questions similar to those in a special verdict.
3. Special Verdict Form:
   • If a jury finds the officer not guilty, the court instructs the jury to return a special verdict with answers to key questions:
     1. Was the defendant on duty or acting within the scope of their authority?
     2. Was the not guilty finding based on justifiable homicide, use of deadly force, or self-defense?
4. Legislative Awards:
   • The legislature retains the right to grant awards through the sundry claims process, including cases dismissed before trial or awards higher than those granted under this section.

Conditions for Reimbursement

For a peace officer to be reimbursed, several conditions must be met:

• The officer must be found not guilty or have charges dismissed based on justifiable actions.
• The actions must be taken while on duty or within the scope of the officer’s authority.
• The determination of justifiable actions must be made by a judge or jury.

Legal Implications

RCW 9A.16.046 provides financial protection for peace officers who are exonerated after being charged with crimes related to their duties. This statute ensures that officers who act in good faith and within their authority are not financially burdened by legal defenses.

Conclusion

RCW 9A.16.046 is a crucial statute for peace officers, providing them with financial reimbursement if they are found not guilty due to justifiable actions. Understanding this law helps officers and the public recognize the legal protections available to those who serve and protect within the bounds of the law.

You can read the text of RCW 9A.16.046 here: https://app.leg.wa.gov/RCW/default.aspx?cite=9A.16.046

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