H-357                _______________________________________________

                                                   HOUSE BILL NO. 1016

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Tilly, Wang, Schoon, G. Nelson, Ballard, Vander Stoep, Walker, Holland, Van Luven and May

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to law enforcement roadblocks; and adding a new chapter to Title 46 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Law enforcement agency" means the Washington state patrol or a local law enforcement agency.

          (2) "Local law enforcement agency" means the law enforcement agency of a county, city, or town.

          (3) "Randomly stopping" means either stopping every motor vehicle which passes a roadblock, or stopping every nth motor vehicle which passes a roadblock where "n" is a number no larger than the number determined by a law enforcement agency to be necessary to prevent undue traffic interference under conditions existing at the time and place of the roadblock.

          (4) "Roadblock" means a temporary checkpoint, barricade, or other device or procedure for randomly stopping motor vehicles on public highways to ascertain whether the drivers of those vehicles are properly licensed or are under the influence of an intoxicating liquor or drug.

NEW SECTION. Sec. 2.     (1) The legislature recognizes the right of a motor vehicle driver to expect freedom from an unnecessary invasion of privacy.  Nevertheless, the legislature also recognizes that driving is a legislatively granted privilege.  Furthermore, the safety and welfare of the public at large must be protected from the irresponsible behavior of some drivers.  Therefore, law enforcement agencies may, in accordance with this chapter, periodically establish roadblocks to detect drivers who are not properly licensed or who are under the influence of an intoxicating liquor or drug.  The roadblocks shall be conducted so as to protect a driver's right to be free from unreasonable search and seizure, and to have due process and equal protection under the law.  The roadblock shall be conducted so as to maximize the detection of unlicensed or intoxicated drivers while minimizing inconvenience to other drivers to the extent practicable.

          (2) A roadblock authorized by this chapter shall not be designed, scheduled, located, or conducted for a law enforcement purpose other than the detection, citation, or arrest of drivers who are not properly licensed or who are under the influence of an intoxicating liquor or drug.  However, nothing in  this chapter prevents the lawful arrest or citation, incident to a roadblock, of a person for any violation of law.

          Before establishing a roadblock a law enforcement agency shall at a public hearing adopt procedures for scheduling, locating, and conducting roadblocks.  Scheduling and locating procedures shall be based on traffic accident and arrest records or other information related to driving, or being in actual physical control of, a motor vehicle while under the influence of an intoxicating liquor or drug.  The time and place of a roadblock shall not be made public prior to its establishment.

          (4) A driver who is stopped at a roadblock may be required to show a valid driver's license as required under chapter 46.20 RCW.

          (5) The law enforcement agency conducting a roadblock shall attempt lawfully to ascertain as to each driver stopped whether a violation of RCW 46.61.502 or 46.61.504 has occurred.

NEW SECTION. Sec. 3.     A local law enforcement agency may establish roadblocks under this chapter.

NEW SECTION. Sec. 4.     The state patrol, independently or in cooperation with one or more local law enforcement agencies, shall establish roadblocks under this chapter.  The state patrol shall, before January 1, 1987, report to the legislature on the conduct and results of those roadblocks.

NEW SECTION. Sec. 5.     Sections 1 through 4 of this act shall constitute a new chapter in Title 46 RCW.