HOUSE BILL REPORT

HB 42

BYRepresentatives Sutherland, Cooper, Armstrong, Jacobsen, Baugher, Patrick, C. Smith, Chandler, Nealey, Wineberry, Betrozoff, Hargrove, Todd, Lewis, Rayburn, K. Wilson, Rasmussen, Basich, Padden, Brekke, Brough, Ballard, Holm, Schoon, Winsley, L. Smith and May

Authorizing arrest without a warrant of minors possessing or consuming alcohol.

House Committe on Judiciary

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (13)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Hargrove, Lewis, Locke, Moyer, Niemi, Padden, Patrick, Scott, Wang and Wineberry.

Minority Report:     Do not pass.  (1)

     Signed by Representative Heavey.

House Staff:Bill Perry (786-7123)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 13, 1987

BACKGROUND:

State law generally requires police officers to get an arrest warrant before they may arrest a person for a misdemeanor or gross misdemeanor.  Two exceptions to this general rule are provided.  First, an officer may make an arrest without a warrant if the offense is committed in the officer's presence.  Second, there is an enumerated list of crimes for which an officer may make a warrantless arrest even if the crime was not committed in the officer's presence, so long as the officer has probable cause to believe that the person arrested committed the crime.  Misdemeanors and gross misdemeanors in the enumerated list include crimes involving physical harm or threats of harm to persons or property, possession or use of cannabis, domestic violence and certain traffic law violations.

In a recent decision, the state supreme court ruled that an officer could not make a warrantless arrest of an underage person for the crime of possession or consumption of alcohol when the officer had not seen the person holding or drinking the alcohol, but had only seen the person acting as though under the influence of alcohol.

SUMMARY:

SUBSTITUTE BILL:  The list of misdemeanors and gross misdemeanors for which an officer may make a warrantless arrest upon probable cause is expanded to include possession or consumption of alcohol by a person under the age of twenty-one.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute makes clear that for purposes of alcohol consumption laws, underage means under 21 years old, not just under 18.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Paul Ingram, Washington State Law Enforcement Association; Carter Mitchell, Washington State Liquor Control Board; Rick Jensen, Washington State Patrol.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     This bill restores practice to what it was before the supreme court decision and allows law enforcement officers to deal with intoxicated minors.

House Committee - Testimony Against: None Presented.