H-1283              _______________________________________________

                                                   HOUSE BILL NO. 1098

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives L. Smith, Locke, Padden, Rayburn, Brooks, Brough, Schmidt, Allen and Bond

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

AN ACT Relating to arrest without warrant; and amending RCW 10.31.100.

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

        Sec. 1.  Section 1, chapter 198, Laws of 1969 ex. sess. as last amended by section 19, chapter 263, Laws of 1984 and RCW 10.31.100 are each amended to read as follows:

          A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant.  A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through (((4))) (5) of this section.

          (1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis shall have the authority to arrest the person.

          (2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:

          (a) An order has been issued of which the person has knowledge under RCW 10.99.040(2), 10.99.050, 26.09.060, chapter 26.26 RCW, or chapter 26.50 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence or excluding the person from a residence; or

          (b) The person within the preceding four hours has assaulted that person's spouse, former spouse, or other person with whom the person resides or has formerly resided.

          (3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:

          (a) RCW 46.52.010, relating to duty on striking an unattended car or other property;

          (b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

          (c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;

          (d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;

          (e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;

          (f) RCW 46.61.525, relating to operating a motor vehicle in a negligent manner.

           (4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.

          (5) Any police officer having probable cause to believe that a person has committed or is committing public indecency, as defined in RCW 9A.88.010, may arrest the person.

(6) Except as specifically provided in subsections (2), (3), and (4) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.

          (((6))) (7) No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100(2) if the police officer acts in good faith and without malice.