AN ACT Relating to alcohol and substance abuse; amending RCW 46.61.502, 46.61.504, 88.02.095, 5.62.020, 18.83.110, 70.96A.020, 70.96A.120, 70.96A.140, and 9.73.090; reenacting and amending RCW 5.60.060; adding new sections to chapter 9.73 RCW; adding a new section to chapter 66.08 RCW; adding new sections to chapter 66.20 RCW; adding new sections to chapter 66.28 RCW; adding a new chapter to Title 69 RCW; creating new sections; repealing RCW 9.73.050; prescribing penalties; making an appropriation; providing an effective date; providing an expiration date; and declaring an emergency.

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

PART I

ABATEMENT

NEW SECTION. Sec. 101. Every building or unit within a building used for the purpose of unlawfully manufacturing, delivering, selling, storing, or giving away any controlled substance as defined in chapter 69.50 RCW, legend drug as defined in chapter 69.41 RCW, or imitation controlled substances as defined in chapter 69.52 RCW, and every building or unit within a building wherein or upon which such acts take place, is a nuisance which shall be enjoined, abated, and prevented, whether it is a public or private nuisance.

NEW SECTION. Sec. 102. Any complaint filed under this chapter shall be verified or accompanied by affidavit. For purposes of showing that the owner or other person responsible for the property has had an opportunity to abate the nuisance, the affidavit shall contain a description of all attempts by the applicant to notify and locate the owner of the property or the person responsible for the management and possession of the property.

In addition, the affidavit shall describe in detail the adverse impact associated with the property on the surrounding neighborhood. "Adverse impact" includes, but is not limited, to the following: Any search warrants served on the property where controlled substances were seized; investigative purchases of controlled substances on or near the property by law enforcement or their agents; arrests of persons who frequent the property for violation of controlled substances laws; increased volume of traffic associated with the property; and the number of complaints made to law enforcement of illegal activity associated with the property.

NEW SECTION. Sec. 103. Upon a sufficient showing on a motion for a temporary restraining order or a preliminary injunction, the court shall grant such preliminary equitable relief as is necessary to prevent the continuance or recurrence of the nuisance pending final resolution of the matter on the merits.

NEW SECTION. Sec. 104. No temporary restraining order or preliminary injunction may issue under this chapter except upon the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully restrained or enjoined. No security may be required of the state of Washington, municipal corporations, or political subdivisions of the state of Washington.

NEW SECTION. Sec. 105. An action under this chapter shall have precedence over all other actions, except prior matters of the same character, criminal proceedings, election contests, hearings on temporary restraining orders and injunctions, and actions to forfeit vehicles used in violation of the Uniform Controlled Substances Act.

NEW SECTION. Sec. 106. (1) If the complaint under this chapter is filed by a citizen, it shall not be dismissed by the citizen for want of prosecution except upon a sworn statement made by the citizen and the citizen's attorney, if the citizen has one, setting forth the reasons why the action should be dismissed, and by dismissal ordered by the court.

(2) In case of failure to prosecute the action with reasonable diligence, or at the request of the plaintiff, the court, in its discretion, may substitute any other citizen consenting thereto for the plaintiff.

NEW SECTION. Sec. 107. (1) Except as provided in subsection (2) of this section, if the existence of the nuisance is established in the action, an order of abatement shall be entered as part of the final judgment in the case. Plaintiff's costs in the action, including those of abatement, are a lien upon the building or unit within a building. The lien is enforceable and collectible by execution issued by order of the court.

(2) If the court finds and concludes that the owner of the building or unit within a building had no knowledge of the existence of the nuisance or has been making reasonable efforts to abate the nuisance, has not been guilty of any contempt of court in the proceedings, will immediately abate any such nuisance that may exist at the building or unit within a building, and prevent it from being a nuisance within a period of one year thereafter, the court shall, if satisfied of the owner's good faith, order the building or unit within a building to be delivered to the owner, and no order of abatement may be entered.

NEW SECTION. Sec. 108. An intentional or willful violation of a restraining order, preliminary injunction, or order of abatement under this chapter is punishable as a contempt of court by a fine of not less than two hundred dollars nor more than one thousand dollars, or by imprisonment for not less than one nor more than six months, or by both.

NEW SECTION. Sec. 109. Any final order of abatement issued under this chapter shall:

(1) Direct the removal of all items subject to seizure and forfeiture pursuant to RCW 69.50.505 from the building or unit within a building, and direct their disposition pursuant to the forfeiture provisions of RCW 69.50.505;

(2) Provide for the immediate closure of the building or unit within a building against its use for any purpose, and for keeping it closed for a period of one year unless released sooner as provided in this chapter; and

(3) State that while the order of abatement remains in effect the building or unit within a building shall remain in the custody of the court.

NEW SECTION. Sec. 110. In all actions brought under this chapter, the proceeds and all moneys forfeited pursuant to the forfeiture provisions of RCW 69.50.505 shall be applied as follows:

(1) First, to the fees and costs of the removal and sale;

(2) Second, to the allowances and costs of closing and keeping closed the building or unit within a building;

(3) Third, to the payment of the plaintiff's costs in the action; and

(4) Fourth, the balance, if any, to the owner of the property.

If the proceeds of the sale of items subject to seizure and forfeiture do not fully discharge all of the costs, fees, and allowances, the building or unit within a building shall then also be sold under execution issued upon the order of the court, and the proceeds of the sale shall be applied in a like manner.

No building or unit within a building may be sold pursuant to this section unless the court finds and concludes by clear and convincing evidence that the owner of the building or place had actual or constructive knowledge or notice of the existence of the nuisance. However, this shall not be construed as limiting or prohibiting the entry of any final order of abatement providing for the immediate closure of the building or unit within a building pursuant to this chapter.

NEW SECTION. Sec. 111. Whenever the owner of a building or unit within a building upon which the act or acts constituting the contempt have been committed, or the owner of any interest therein, has been guilty of a contempt of court, and fined in any proceedings under this chapter, the fine is a lien upon the building or unit within a building to the extent of the owner's interest in it. The lien is enforceable and collectible by execution issued by order of the court.

NEW SECTION. Sec. 112. The abatement of a nuisance under this chapter does not prejudice the right of any person to recover damages for its past existence.

PART II

KEG REGISTRATION

NEW SECTION. Sec. 201. Any person who sells or offers for sale the contents of kegs or other containers containing six gallons or more of malt liquor, or leases kegs or other containers that will hold six gallons of malt liquor, to consumers who are not licensed under chapter 66.24 RCW shall do the following for any transaction involving the container:

(1) Require the purchaser of the malt liquor to sign a declaration and receipt for the keg or other container or beverage in substantially the form provided in section 204 of this act;

(2) Require the purchaser to provide one piece of identification pursuant to RCW 66.16.040;

(3) Require the purchaser to sign a sworn statement, under penalty of perjury, that:

(a) The purchaser is of legal age to purchase, possess, or use malt liquor;

(b) The purchaser will not allow any person under the age of twenty-one years to consume the beverage except as provided by RCW 66.44.270;

(c) The purchaser will not remove, obliterate, or allow to be removed or obliterated, the identification required under section 203 of this act to be affixed to the container;

(4) Require the purchaser to state the particular address where the malt liquor will be consumed, or the particular address where the keg or other container will be physically located; and

(5) Require the purchaser to maintain a copy of the declaration and receipt next to or adjacent to the keg or other container, in no event a distance greater than five feet, and visible without a physical barrier from the keg, during the time that the keg or other container is in the purchaser's possession or control.

NEW SECTION. Sec. 202. Any person who purchases the contents of kegs or other containers containing six gallons or more of malt liquor, or purchases or leases the container shall:

(1) Sign a declaration and receipt for the keg or other container or beverage in substantially the form provided in section 204 of this act;

(2) Provide one piece of identification pursuant to RCW 66.16.040;

(3) Be of legal age to purchase, possess, or use malt liquor;

(4) Not allow any person under the age of twenty-one to consume the beverage except as provided by RCW 66.44.270;

(5) Not remove, obliterate, or allow to be removed or obliterated, the identification required under rules adopted by the board;

(6) Not move, keep, or store the keg or its contents, except for transporting to and from the distributor, at any place other than that particular address declared on the receipt and declaration; and

(7) Maintain a copy of the declaration and receipt next to or adjacent to the keg or other container, in no event a distance greater than five feet, and visible without a physical barrier from the keg, during the time that the keg or other container is in the purchaser's possession or control.

NEW SECTION. Sec. 203. The board shall adopt rules requiring retail licensees to affix appropriate identification on all containers of six gallons or more of malt liquor for the purpose of tracing the purchasers of such containers. The rules may provide for identification to be done on a state-wide basis or on the basis of smaller geographical areas.

It is unlawful for any person to sell or offer for sale kegs or other containers containing six gallons or more of malt liquor to consumers who are not licensed under chapter 66.24 RCW if the kegs or containers are not identified in compliance with rules adopted by the board.

NEW SECTION. Sec. 204. The board shall develop and make available forms for the declaration and receipt required by section 201 of this act.

NEW SECTION. Sec. 205. (1) Except as provided in subsection (2) of this section, the violation of any provisions of sections 201 through 203 of this act is punishable by a fine of not more than five hundred dollars.

(2) Except as provided in RCW 66.44.270, a person who intentionally furnishes a keg or other container containing six or more gallons of malt liquor to a minor is liable, on conviction, for a first offense for a penalty of not more than five hundred dollars, or for imprisonment for not more than two months, or both; for a second offense for a penalty of not more than five hundred dollars or imprisonment for not more than six months, or both; and for a third or subsequent offense for a penalty of not more than five hundred dollars or imprisonment for more than one year, or both.

NEW SECTION. Sec. 206. A new section is added to chapter 66.08 RCW to read as follows:

The state of Washington fully occupies and preempts the entire field of keg registration. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to keg registration that are consistent with this chapter. Such local ordinances shall have the same or lesser penalties as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of the city, town, county, or municipality.

PART III

BLOOD ALCOHOL LEVEL

Sec. 301. Section 1, chapter 176, Laws of 1979 ex. sess. as last amended by section 2, chapter 373, Laws of 1987 and RCW 46.61.502 are each amended to read as follows:

A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state while:

(1) The person has ((~~0.10~~)) 0.08 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person's breath made under RCW 46.61.506; or

(2) The person has ((~~0.10~~)) 0.08 percent or more by weight of alcohol in the person's blood as shown by analysis of the person's blood made under RCW 46.61.506; or

(3) The person is under the influence of or affected by intoxicating liquor or any drug; or

(4) The person is under the combined influence of or affected by intoxicating liquor and any drug.

Sec. 302. Section 2, chapter 176, Laws of 1979 ex. sess. as last amended by section 3, chapter 373, laws of 1987 and RCW 46.61.504 are each amended to read as follows:

A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state while:

(1) The person has ((~~0.10~~)) 0.08 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person's breath made under RCW 46.61.506; or

(2) The person has ((~~0.10~~)) 0.08 percent or more by weight of alcohol in the person's blood as shown by analysis of the person's blood made under RCW 46.61.506; or

(3) The person is under the influence of or affected by intoxicating liquor or any drug; or

(4) The person is under the combined influence of or affected by intoxicating liquor and any drug.

The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.

Sec. 303. Section 2, chapter 267, Laws of 1985 as last amended by section 6, chapter 373, Laws of 1987 and RCW 88.02.095 are each amended to read as follows:

(1) It ((~~shall be~~)) is unlawful for any person to operate a vessel in a negligent manner, except a commercial vessel which has or is required to have a valid marine document as a vessel of the United States and is operating in the navigable waters of the United States. For the purpose of this section, to "operate in a negligent manner" shall be construed to mean the operation of a vessel in such manner as to endanger or be likely to endanger any persons or property.

(2) A person is guilty of operating a vessel while under the influence of intoxicating liquor or any drug if the person operates a vessel within this state while:

(a) The person has ((~~0.10~~)) 0.08 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person's breath made under RCW 46.61.506; or

(b) The person has ((~~0.10~~)) 0.08 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's blood made under RCW 46.61.506; or

(d) The person is under the combined influence of or affected by intoxicating liquor and any drug.

The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section. A person cited under this subsection may upon request be given a breath test for breath alcohol or may request to have a blood sample taken for blood alcohol analysis. An arresting officer shall administer field sobriety tests when circumstances permit.

(3) For the purposes of this section, "vessel" means any watercraft used or capable of being used as a means of transportation on the water.

(4) For the purpose of this section, "vessel operator" means a person who is in actual physical control of a vessel.

(5) A violation of this section is a misdemeanor, punishable by up to ninety days in jail and by a fine of not more than one thousand dollars. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense.

PART IV

DWI GRANTS

NEW SECTION. Sec. 401. The legislature finds that county and city governments are in need of funding to offset the costs of the enforcement of laws prohibiting driving while intoxicated or impaired. The legislature further finds that it is necessary for some cities and counties to receive additional funds in the form of state grants to provide for the equal administration of justice to traffic offenders and to ensure the safety of persons using the public highways of the state. It is the intent of the legislature that the state grants shall be awarded on the basis of the local jurisdiction's rate of performance in completing adjudication of arrests.

NEW SECTION. Sec. 402. From funds appropriated in section 405 of this act, the traffic safety commission shall distribute grants to cities and counties to enhance the apprehension, prosecution, and adjudication of serious traffic offenses. "Serious traffic offenses," as used in sections 402 through 404 of this act, means driving or being in physical control of a motor vehicle while under the influence of or impaired by intoxicating liquor or drugs. "Commission" means the traffic safety commission.

NEW SECTION. Sec. 403. (1) The commission shall establish an advisory committee to establish eligibility and evaluation criteria for the distribution of grants made under section 402 of this act. The committee shall consist of:

(a) Two prosecuting attorneys selected by the Washington association of prosecuting attorneys;

(b) One municipal attorney and one elected municipal official selected by the association of Washington cities;

(d) The administrator for the courts or the administrator's designee;

(e) A representative selected by the Washington state patrol; and

(f) A representative of law enforcement selected by the Washington association of sheriffs and police chiefs.

(2) Members of the advisory committee shall be appointed within thirty days of the effective date of this section.

(3) Members of the advisory committee shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 404. (1) The criteria developed by the commission and the advisory committee under section 403 of this act shall not be based on need. Instead, the criteria shall be based on reliable data measuring performance in the apprehension, prosecution, and adjudication of serious traffic offenses. The criteria shall recognize the higher relative enforcement costs borne by smaller units of government. The criteria shall also include a minimum grant amount to eliminate jurisdictions in which case volume and funding need is minimal. Cities not operating a municipal court are not eligible for grants under section 402 of this act.

(2) Before adoption by the commission, the criteria shall be presented to the appropriate committees of the legislature for review and comment. After adoption, the criteria shall be applied to performance data for the period August 1988 through December 1988. The grants shall be distributed before the conclusion of the 1987-'89 fiscal biennium.

(3) The grants shall be made to the legislative authority of the city or county for appropriation by the legislative authority to enhance effective apprehension, prosecution, and adjudication of serious traffic offenses. Each jurisdiction receiving a grant under this section shall establish an advisory committee to recommend expenditures from the grant moneys. The advisory committee shall include representatives of the executive, legislative, and judicial branches of the local government.

NEW SECTION. Sec. 405. (1) There is appropriated from the public safety and education account for the biennium ending June 30, 1989, the sum of one million dollars, or so much thereof as may be necessary, for the purposes of section 402 of this act. It is the intent of the legislature that the amount appropriated under this section not exceed the remaining balance in the public safety and education account on June 30, 1989.

(2) Not more than thirty-five thousand dollars of this appropriation may be spent by the commission for administrative purposes.

NEW SECTION. Sec. 406. Sections 401 through 404 of this act shall expire on December 31, 1989.

NEW SECTION. Sec. 407. Sections 401 through 406 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

PART V

INVOLUNTARY TREATMENT

Sec. 501. Section 294, page 187, Laws of 1854 as last amended by section 1501, chapter 212, Laws of 1987 and by section 11, chapter 439, Laws of 1987 and RCW 5.60.060 are each reenacted and amended to read as follows:

(1) A husband shall not be examined for or against his wife, without the consent of the wife, nor a wife for or against her husband without the consent of the husband; nor can either during marriage or afterward, be without the consent of the other, examined as to any communication made by one to the other during marriage. But this exception shall not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other, nor to a criminal action or proceeding against a spouse if the marriage occurred subsequent to the filing of formal charges against the defendant, nor to a criminal action or proceeding for a crime committed by said husband or wife against any child of whom said husband or wife is the parent or guardian, nor to a proceeding under chapter 70.96A or 71.05 RCW: PROVIDED, That the spouse of a person sought to be detained under chapter 70.96A. or 71.05 RCW may not be compelled to testify and shall be so informed by the court prior to being called as a witness.

(2) An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.

(3) A member of the clergy or a priest shall not, without the consent of a person making the confession, be examined as to any confession made to him or her in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs.

(4) Subject to the limitations under RCW 70.96A.140 or 71.05.250, a physician or surgeon or osteopathic physician or surgeon shall not, without the consent of his or her patient, be examined in a civil action as to any information acquired in attending such patient, which was necessary to enable him or her to prescribe or act for the patient, except as follows:

(a) In any judicial proceedings regarding a child's injury, neglect, or sexual abuse or the cause thereof; and

(b) Ninety days after filing an action for personal injuries or wrongful death, the claimant shall be deemed to waive the physician-patient privilege. Waiver of the physician-patient privilege for any one physician or condition constitutes a waiver of the privilege as to all physicians or conditions, subject to such limitations as a court may impose pursuant to court rules.

(5) A public officer shall not be examined as a witness as to communications made to him or her in official confidence, when the public interest would suffer by the disclosure.

Sec. 502. Section 2, chapter 447, Laws of 1985 as amended by section 1, chapter 212, Laws of 1986 and RCW 5.62.020 are each amended to read as follows:

No registered nurse providing primary care or practicing under protocols, whether or not the physical presence or direct supervision of a physician is required, may be examined in a civil or criminal action as to any information acquired in attending a patient in the registered nurse's professional capacity, if the information was necessary to enable the registered nurse to act in that capacity for the patient, unless:

(1) The patient consents to disclosure or, in the event of death or disability of the patient, his or her personal representative, heir, beneficiary, or devisee consents to disclosure; or

(2) The information relates to the contemplation or execution of a crime in the future, or relates to the neglect or the sexual or physical abuse of a child, or of a vulnerable adult as defined in RCW 74.34.020, or to a person subject to proceedings under chapter 70.96A, 71.05, or 71.34 RCW.

Sec. 503. Section 11, chapter 305, Laws of 1955 as last amended by section 12, chapter 439, Laws of 1987 and RCW 18.83.110 are each amended to read as follows:

Confidential communications between a client and a psychologist shall be privileged against compulsory disclosure to the same extent and subject to the same conditions as confidential communications between attorney and client, but this exception is subject to the limitations under RCW 70.96A.140 and 71.05.250.

Sec. 504. Section 2, chapter 122, Laws of 1972 ex. sess. and RCW 70.96A.020 are each amended to read as follows:

For the purposes of this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:

(1) "Alcoholic" means a person who habitually lacks self-control as to the use of alcoholic beverages, or uses alcoholic beverages to the extent that his health is substantially impaired or endangered or his social or economic function is substantially disrupted;

(2) "Approved treatment facility" means a treatment agency operating under the direction and control of the department of social and health services or providing treatment under this chapter through a contract with the department under chapter 69.54 RCW or RCW 70.96A.080(6) and meeting the standards prescribed in RCW 70.96A.090(1) and approved under RCW 70.96A.090(3);

(3) "Secretary" means the secretary of the department of social and health services;

(4) "Department" means the department of social and health services;

(5) "Director" means the director of the division of alcoholism;

(6) "Drug abuser" means a person who habitually lacks self-control as to the use of licit or illicit drugs, or uses such drugs to the extent that his or her health is substantially impaired or endangered or his or her social or economic function is substantially disrupted;

(7) "Emergency service patrol" means a patrol established under RCW 70.96A.170;

((~~(7)~~)) (8) "Gravely disabled by alcohol or drug abuse" means a condition in which a person, as a result of the use of alcohol or drug abuse:

(a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or

(b) Manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety;

(9) "Incapacitated by alcohol or drug abuse" means that a person, as a result of the use of alcohol or drug abuse, has his or her judgment so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment or care and constitutes a danger to himself or herself , to any other person, or to property;

((~~(8)~~)) (10) "Incompetent person" means a person who has been adjudged incompetent by the superior court;

((~~(9)~~)) (11) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or drugs;

((~~(10)~~)) (12) "Treatment" means the broad range of emergency, outpatient, intermediate, and inpatient and emergency services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics, drug abusers, persons incapacitated by alcohol or drug abuse, and intoxicated persons.

Sec. 505. Section 12, chapter 122, Laws of 1972 ex. sess. as last amended by section 13, chapter 439, Laws of 1987 and RCW 70.96A.120 are each amended to read as follows:

(1) An intoxicated person may come voluntarily to an approved treatment facility for treatment. A person who appears to be intoxicated in a public place and to be in need of help, if he or she consents to the proffered help, may be assisted to his or her home, an approved treatment facility or other health facility.

(2) Except for a person who may be apprehended for possible violation of laws not relating to alcoholism or intoxication and except for a person who may be apprehended for possible violation of laws relating to driving or being in physical control of a vehicle while intoxicated and except for a person who may wish to avail himself or herself of the provisions of RCW 46.20.308, a person who appears to be incapacitated or gravely disabled by alcohol or drugs and who is in a public place or who has threatened, attempted, or inflicted physical harm on himself or herself or another, shall be taken into protective custody by the police or the emergency service patrol and as soon as practicable, but in no event beyond eight hours brought to an approved treatment facility for treatment. If no approved treatment facility is readily available he or she shall be taken to an emergency medical service customarily used for incapacitated persons. The police or the emergency service patrol, in detaining the person and in taking him or her to an approved treatment facility, is taking him or her into protective custody and shall make every reasonable effort to protect his or her health and safety. In taking the person into protective custody, the detaining officer or member of an emergency patrol may take reasonable steps including reasonable force if necessary to protect himself or herself or effect the custody. A taking into protective custody under this section is not an arrest. No entry or other record shall be made to indicate that the person has been arrested or charged with a crime.

(3) A person who comes voluntarily or is brought to an approved treatment facility shall be examined by a qualified person. He or she may then be admitted as a patient or referred to another health facility, which provides emergency medical treatment, where it appears that such treatment may be necessary. The referring approved treatment facility shall arrange for his or her transportation.

(4) A person who is found to be incapacitated or gravely disabled by alcohol or drugs at the time of his or her admission or to have become incapacitated or gravely disabled at any time after his or her admission, may not be detained at the facility for more than seventy-two hours after admission as a patient, unless a petition is filed under RCW 70.96A.140((~~, as now or hereafter amended: PROVIDED, That~~)). However, the treatment personnel at the facility are authorized to use such reasonable physical restraint as may be necessary to retain a person incapacitated or gravely disabled by alcohol or drugs at such facility for up to seventy-two hours from the time of admission. The seventy-two hour periods specified in this section shall be computed by excluding Saturdays, Sundays, and holidays. A person may consent to remain in the facility as long as the physician in charge believes appropriate.

(5) A person who is not admitted to an approved treatment facility, is not referred to another health facility, and has no funds, may be taken to his or her home, if any. If he or she has no home, the approved treatment facility shall assist him or her in obtaining shelter.

(6) If a patient is admitted to an approved treatment facility, his or her family or next of kin shall be notified as promptly as possible. If an adult patient who is not incapacitated requests that there be no notification, his or her request shall be respected.

(7) The police, members of the emergency service, or treatment facility personnel, who in good faith act in compliance with this chapter are performing in the course of their official duty and are not criminally or civilly liable therefor.

(8) If the person in charge of the approved treatment facility determines it is for the patient's benefit, the patient shall be encouraged to agree to further diagnosis and appropriate voluntary treatment.

Sec. 506. Section 14, chapter 122, Laws of 1972 ex. sess. as last amended by section 14, chapter 439, Laws of 1987 and RCW 70.96A.140 are each amended to read as follows:

(1) When the person in charge of a treatment facility, or his or her designee, receives information alleging that a person is incapacitated or gravely disabled as a result of alcoholism or drug abuse, the person in charge, or his or her designee, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of the information, may file a petition for commitment of such person with the superior court or district court. If the person in charge, or his or her designee, finds that the initial needs of such person would be better served by placement within the mental health system, the person shall be referred to an evaluation and treatment facility as defined in RCW 71.05.020. If placement in an alcohol or drug abuse treatment facility is deemed appropriate, the petition shall allege that the person is an alcoholic or drug abuser who is incapacitated or gravely disabled by alcohol or drugs, or that the person has twice before in the preceding twelve months been admitted for ((~~the voluntary~~)) treatment for alcoholism ((~~pursuant to RCW 70.96A.110~~)) or drug abuse and is in need of a more sustained treatment program or a program of long-term care, or that the person is an alcoholic or drug abuser who has threatened, attempted, or inflicted physical harm ((on)) to himself or another and is likely to inflict physical harm ((on)) to himself or another unless committed. ((~~A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.~~)) The petition shall be accompanied by a certificate of a licensed physician who has examined the person within two days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the physician's findings in support of the allegations of the petition. A physician employed by the petitioning facility or the department is ((~~not~~)) eligible to be the certifying physician.

(2) Upon filing the petition, the court shall fix a date for a hearing no less than three and no more than seven days after the date the petition was filed unless the person petitioned against is presently being detained by the facility, pursuant to RCW 70.96A.120, as now or hereafter amended, in which case the hearing shall be held within seventy-two hours of the filing of the petition: PROVIDED, HOWEVER, That the above specified seventy-two hours shall be computed by excluding Saturdays, Sundays, and holidays: PROVIDED FURTHER, That, the court may, upon motion of the person whose commitment is sought, or upon motion of petitioner with written permission of the person whose commitment is sought, or his or her counsel and, upon good cause shown, extend the date for the hearing. A copy of the petition and of the notice of the hearing, including the date fixed by the court, shall be served by the treatment facility on the person whose commitment is sought, his or her next of kin, a parent or his or her legal guardian if he or she is a minor, and any other person the court believes advisable. A copy of the petition and certificate shall be delivered to each person notified.

(3) At the hearing the court shall hear all relevant testimony, including, if possible, the testimony of at least one licensed physician who has examined the person whose commitment is sought. Communications otherwise deemed privileged under the laws of this state are deemed to be waived in proceedings under this chapter when a court of competent jurisdiction in its discretion determines that the waiver is necessary to protect either the detained person or the public. The waiver of a privilege under this section is limited to records or testimony relevant to evaluation of the detained person for purposes of a proceeding under this chapter. Upon motion by the detained person, or on its own motion, the court shall examine a record or testimony sought by a petitioner to determine whether it is within the scope of the waiver.

The record maker shall not be required to testify in order to introduce medical, nursing, or psychological records of detained persons so long as the requirements of RCW 5.45.020 are met, except that portions of the record that contain opinions as to whether the detained person is an alcoholic or drug abuser must be deleted from the records unless the person offering the opinions is available for cross-examination. The person shall be present unless the court believes that his or her presence is likely to be injurious to him or her; in this event the court may deem it appropriate to appoint a guardian ad litem to represent him or her throughout the proceeding. If deemed advisable, the court may examine the person out of courtroom. If the person has refused to be examined by a licensed physician, he or she shall be given an opportunity to be examined by a court appointed licensed physician. If he or she refuses and there is sufficient evidence to believe that the allegations of the petition are true, or if the court believes that more medical evidence is necessary, the court may make a temporary order committing him or her to the department for a period of not more than five days for purposes of a diagnostic examination.

(4) If after hearing all relevant evidence, including the results of any diagnostic examination, the court finds that grounds for involuntary commitment have been established by clear, cogent, and convincing proof, it shall make an order of commitment to an approved treatment facility. ((It shall not order commitment of a person unless it determines that an approved treatment facility is able to provide adequate and appropriate treatment for him or her and the treatment is likely to be beneficial.))

(5) A person committed under this section shall remain in the facility for treatment for a period of ((~~thirty~~)) up to one hundred eighty days unless sooner discharged. ((At the end of the thirty day period, he or she shall be discharged automatically unless the facility, before expiration of the period, files a petition for his or her recommitment upon the grounds set forth in subsection (1) of this section for a further period of ninety days unless sooner discharged. If a person has been committed because he or she is an alcoholic likely to inflict physical harm on another, the facility shall apply for recommitment if after examination it is determined that the likelihood still exists.

(6) A person recommitted under subsection (5) of this section who has not been discharged by the facility before the end of the ninety day period shall be discharged at the expiration of that period unless the facility, before expiration of the period, obtains a court order on the grounds set forth in subsection (1) of this section for recommitment for a further period not to exceed ninety days. If a person has been committed because he or she is an alcoholic likely to inflict physical harm on another, the facility shall apply for recommitment if after examination it is determined that the likelihood still exists. Only two recommitment orders under subsections (5) and (6) of this section are permitted.

(7) Upon the filing of a petition for recommitment under subsections (5) or (6) of this section, the court shall fix a date for hearing no less than three and no more than seven days after the date the petition was filed: PROVIDED, That, the court may, upon motion of the person whose commitment is sought and upon good cause shown, extend the date for the hearing. A copy of the petition and of the notice of hearing, including the date fixed by the court, shall be served by the treatment facility on the person whose commitment is sought, his or her next of kin, the original petitioner under subsection (1) of this section if different from the petitioner for recommitment, one of his or her parents or his or her legal guardian if he or she is a minor, and his or her attorney and any other person the court believes advisable. At the hearing the court shall proceed as provided in subsection (3) of this section.

~~(8)~~)) (6) The facility shall provide for adequate and appropriate treatment of a person committed to its custody. A person committed under this section may be transferred from one approved public treatment facility to another if transfer is medically advisable.

((~~(9)~~)) (7) A person committed to the custody of a facility for treatment ((~~shall~~)) may be discharged at any time before the end of the period for which he or she has been committed ((~~and he or she shall be discharged by order of the court if either of~~)) when in the opinion of the professional person in charge of the facility providing involuntary treatment under this chapter the following conditions are met:

(a) In case of an alcoholic or drug abuser committed on the grounds of likelihood of infliction of physical harm upon another, that he or she is no longer an alcoholic or drug abuser or the likelihood no longer exists((~~; or~~)) and further treatment will not be likely to bring about significant improvement in the person's condition((~~, or treatment is no longer adequate or appropriate.~~)) ;

(b) In case of an alcoholic or drug abuser committed on the grounds of the need ((of)) for care or treatment ((~~and~~)) , incapacity, or grave disability, that the incapacity, grave disability, or need for long-term care no longer exists.

((~~(10)~~)) (8) When in the opinion of the professional person in charge of the facility providing involuntary treatment under this chapter, the committed person can be appropriately served by outpatient treatment before or at the expiration of the period of commitment, then the outpatient care may be required as a condition for early release for a period which, when added to the inpatient treatment period, shall not exceed the period of commitment. If the facility designated to provide outpatient treatment is other than the facility providing involuntary treatment, the outpatient facility so designated must agree in writing to assume such responsibility. A copy of the conditions for early release shall be given to the patient, the designated county alcoholism specialist, or, where there is no county alcoholism specialist, the designated county mental health professional in the county in which the patient is to receive outpatient treatment, and to the court of original commitment. The hospital or facility designated to provide outpatient care may modify the conditions for continued release when the modifications are in the best interests of the person. If the facility providing outpatient care, the designated county alcoholism specialist or, where there is no county alcoholism specialist, the county mental health professional, determines that a conditionally released person is failing to adhere to the terms and conditions of his or her release, or that substantial deterioration in the person's functioning has occurred, then, upon notification, the designated county alcoholism specialist, or, where there is no county alcoholism specialist, the county mental health professional, may order that the conditionally released person may be apprehended and taken into custody and temporarily detained in an inpatient facility in or near the county in which he or she is receiving outpatient treatment until such time, not exceeding five days, as a hearing can be scheduled to determine whether or not the person should be returned to the facility from which he or she had been conditionally released. The court that originally ordered commitment shall be notified within two judicial days of a person's detention under the provisions of this section, and the designated county alcoholism specialist, or where there is no county alcoholism specialist, the county mental health professional, shall file his or her petition and order of apprehension and detention with the court and serve them upon the person detained. The person has the same rights with respect to notice, hearing, and counsel as for the involuntary treatment proceedings. The issues to be determined are whether the conditionally released person did or did not adhere to the terms and conditions of his or her release or that substantial deterioration of the person's functioning has occurred and if he or she failed to adhere to the terms and conditions, or that substantial deterioration in the person's functioning has occurred, whether the conditions of release should be modified or the person should be returned to the facility. The hearing may be waived by the person and his or her counsel and his or her guardian or conservator, if any, but is not waivable unless all such persons agree to waive, and upon the waiver the person may be returned for involuntary treatment or continued on conditional release on the same or modified conditions.

(9) The court shall inform the person whose commitment or recommitment is sought of his or her right to contest the application, be represented by counsel at every stage of any proceedings relating to his or her commitment and recommitment, and have counsel appointed by the court or provided by the court, if he or she wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require, by appointment if necessary, counsel for him or her regardless of his or her wishes. The person shall, if he or she is financially able, bear the costs of such legal service; otherwise such legal service shall be at public expense. The person whose commitment or recommitment is sought shall be informed of his or her right to be examined by a licensed physician of his or her choice. If the person is unable to obtain a licensed physician and requests examination by a physician, the court shall employ a licensed physician.

((~~(11)~~)) (10) A person committed under this chapter may at any time seek to be discharged from commitment by writ of habeas corpus in a court of competent jurisdiction.

((~~(12)~~)) (11) The venue for proceedings under this section is the county in which person to be committed resides or is present.

PART VI

ONE-PARTY CONSENT

Sec. 601. Section 1, chapter 48, Laws of 1970 ex. sess. as last amended by section 2, chapter 38, Laws of 1986 and RCW 9.73.090 are each amended to read as follows:

(1) The provisions of RCW 9.73.030 through 9.73.080 shall not apply to police, fire, emergency medical service, emergency communication center, and poison center personnel in the following instances:

(a) Recording incoming telephone calls to police and fire stations, licensed emergency medical service providers, emergency communication centers, and poison centers;

(b) Video and/or sound recordings may be made of arrested persons by police officers responsible for making arrests or holding persons in custody before their first appearance in court. Such video and/or sound recordings shall conform strictly to the following:

(i) The arrested person shall be informed that such recording is being made and the statement so informing him shall be included in the recording;

(ii) The recording shall commence with an indication of the time of the beginning thereof and terminate with an indication of the time thereof;

(iii) At the commencement of the recording the arrested person shall be fully informed of his constitutional rights, and such statements informing him shall be included in the recording;

(iv) The recordings shall only be used for valid police or court activities.

(2) It shall not be unlawful for a law enforcement officer acting in the performance of the officer's official duties to intercept, record, or disclose an oral communication or conversation where the officer is a party to the communication or conversation or one of the parties to the communication or conversation has given prior consent to the interception, recording, or disclosure: PROVIDED, That prior to the interception, transmission, or recording the officer shall obtain written or telephonic authorization from a judge or magistrate, who shall approve the interception, recording, or disclosure of communications or conversations with a nonconsenting party for a reasonable and specified period of time, if there is probable cause to believe that the nonconsenting party has committed, is engaged in, or is about to commit a felony: PROVIDED HOWEVER, That if such authorization is given by telephone the authorization and officer's statement justifying such authorization must be electronically recorded by the judge or magistrate on a recording device in the custody of the judge or magistrate at the time transmitted and the recording shall be retained in the court records and reduced to writing as soon as possible thereafter.

Any recording or interception of a communication or conversation incident to a lawfully recorded or intercepted communication or conversation pursuant to this subsection shall be lawful and may be divulged.

All recordings of communications or conversations made pursuant to this subsection shall be retained for as long as any crime may be charged based on the events or communications or conversations recorded.

(3) Communications or conversations authorized to be intercepted, recorded, or disclosed by this section shall not be inadmissible under RCW 9.73.050.

(4) Authorizations issued under subsection (2) of this section shall be effective for not more than seven days, after which period the issuing authority may upon application of the officer who secured the original authorization renew or continue the authorization for ((an)) additional periods not to exceed seven days.

(5) If the judge or magistrate determines that there is probable cause to believe that the communication or conversation concerns the unlawful manufacture, delivery, sale, or possession with intent to manufacture, deliver, or sell, controlled substances as defined in chapter 69.50 RCW, or legend drugs as defined in chapter 69.41 RCW, or imitation controlled substances as defined in chapter 69.52 RCW, the judge or magistrate may authorize the interception, recording, or disclosure of communications or conversations under subsection (2) of this section even though the true name of the nonconsenting party, or the particular time and place for the interception, recording, or disclosure, is not known at the time of the request, if the authorization describes the nonconsenting party and subject matter of the communication or conversation with reasonable certainty under the circumstances. Any such communication or conversation may be intercepted, recorded, or disclosed as authorized notwithstanding a change in the time or location of the communication or conversation after the authorization has been obtained or the presence of or participation in the communication or conversation by any additional party not named in the authorization.

NEW SECTION. Sec. 602. A new section is added to chapter 9.73 RCW to read as follows:

(1) If a police commander or officer above the rank of first line supervisor determines that the safety of the consenting party is in danger and that there is insufficient time to apply for judicial authorization pursuant to RCW 9.73.090(2), law enforcement personnel may, for the sole purpose of protecting the safety of the consenting party, intercept and transmit a private conversation or communication concerning the unlawful manufacture, delivery, sale, or possession with intent to manufacture, deliver, or sell, controlled substances as defined in chapter 69.50 RCW, or legend drugs as defined in chapter 69.41 RCW, or imitation controlled substances as defined in chapter 69.52 RCW.

(2) No conversation or communication intercepted and transmitted pursuant to subsection (1) of this section may be recorded by any device electronic or otherwise designed to record such conversation or communication regardless of how the device is powered or activated, nor may any contemporaneous written notes or transcriptions by made.

(3) Nothing in this section bars the admission of testimony of a person who overhears a conversation or communication intercepted and transmitted pursuant to subsection (1) of this section.

(4) Before any interception and transmission of a private conversation or communication pursuant to this section, the police commander or officer making the determination required by subsection (1) of this section shall complete a written authorization which shall include (a) the date and time the authorization is given; (b) the persons, including the consenting party, expected to participate in the conversation, to the extent known; (c) the expected date, location, and approximate time of the conversation; (d) the reasons for believing the consenting party's safety will be in danger; and (e) the time constraints preventing an application for judicial authorization.

(5) Within a reasonable time but not later than fifteen days after any interception and transmission of a conversation or communication pursuant to this section, the law enforcement agency which made the interception and transmission shall submit a report to a judge of a court having jurisdiction and to the administrator for the courts, which report shall include a copy of the written authorization required by subsection (1) of this section and shall identify (a) the persons, including the consenting party, who participated in the conversation and (b) the date, location, and approximate time of the conversation.

NEW SECTION. Sec. 603. A new section is added to chapter 9.73 RCW to read as follows:

(1) Any information obtained in violation of RCW 9.73.030 or pursuant to an order issued under RCW 9.73.040 shall be inadmissible in any civil or criminal case is all courts of general or limited jurisdiction in this state, except:

(a) For the limited purpose of allowing any person who did not consent to the recording to impeach a witness in any case;

(b) With the permission of the person whose communication or conversation was recorded without his or her knowledge; or

(c) In a criminal action in which the defendant is charged with a crime, the commission of which would jeopardize national security.

(2) Nothing in this section bars the admission of testimony of a participant in the communication or conversation unaided by information obtained in violation of RCW 9.73.030.

NEW SECTION. Sec. 604. Section 3, chapter 93, Laws of 1967 ex. sess. and RCW 9.73.050 are each repealed.

PART VII

ALCOHOL SERVER EDUCATION PROGRAM

NEW SECTION. Sec. 701. (1) There shall be a liquor service worker's permit authorizing employment in liquor service on retail licensed premises. The fee for this permit shall be established by the board by rule and shall be sufficient to cover all costs of processing permit applications and all other costs of administering this section.

(2)(a) Every person employed, under contract or otherwise, on a licensed premises who as part of his or her employment participates in any manner in the sale or service of alcoholic beverages shall comply with the procedures established in this section for obtaining a liquor service worker's permit from the board.

(b) Every permit shall be issued in the name of the applicant, and no other person may use the permit. The holder shall present the permit upon request for inspection by any representative of the board or any peace officer.

(3)(a) Within thirty days of initial employment, every person whose duties include the sale or service of liquor shall submit to the board, on a form provided by the board, an application for a liquor service worker's permit. One copy of the application shall be retained by the employing licensee as proof of compliance with this section until the application is approved and returned by the board. Every person whose permit has not been denied, revoked, or suspended may perform duties involving liquor sale and service on the licensed premises of the employer.

(b) After August 1, 1992, an existing permit may not be renewed and a new permit may not be issued until the existing permit holder or the new permit applicant, as the case may be, has provided to the board proof of completion of an approved alcohol server training program established under section 702 of this act.

(4) Every permit issued is valid for employment at any retail licensed premises for a period of five years unless earlier denied, suspended, or revoked. Any person whose permit has been denied, suspended, or revoked shall immediately return the permit to the board.

(5) The board may deny an application or suspend or revoke an existing permit if any of the following occur:

(a) The applicant or permittee has made any false statement or material omission in the application or on any accompanying document;

(b) The applicant or permittee has violated any law of the United States, the state of Washington, or any ordinance of any political subdivision thereof;

(c) The permittee has performed or permitted any act that constitutes a violation of this title or of any rule of the board.

(6) The suspension or revocation of a permit under this section does not relieve a retail licensee from responsibility for any act of the employee or agent while employed upon the licensed premises. The board may, as appropriate, revoke or suspend either the permit of the employee who committed a violation or the license of the licensee upon whose premises the violation occurred, or both the permit and license.

(7)(a) It is a violation of this title for any retail licensee or agent of a retail licensee to employ in the sale or service of alcoholic beverages, any person who does not have a valid liquor service worker's permit or whose permit has been revoked, suspended, or denied.

(b) It is a violation of this title for a person whose liquor service worker's permit has been denied, suspended, or revoked to accept employment in the sale or service of alcoholic beverages.

NEW SECTION. Sec. 702. (1) The board shall establish a mandatory alcohol server education program to include:

(a) The development of the standards, curriculum, and materials for the education program;

(b) The examination and examination procedures;

(c) The certification procedures, enforcement policies, and penalties for education program instructors and providers; and

(d) The development of time requirements for completion by licensees and others employed in the alcoholic beverage industry.

(2) The board may provide the program through independent contractors, through private persons certified by the board, through certified employees of the board, or any combination of such methods.

(3) The standards and curriculum of board-approved alcohol server education programs shall include but not be limited to the following subjects:

(a) The physiological effects of alcohol to include the effects of alcohol in combination with drugs;

(b) Liability and legal information;

(d) Intervention with the problem customer, including ways to stop service, ways to deal with the belligerent customer, and alternative means of transportation to get the customer safely home.

(4) After August 1, 1992, the board shall require all applicants for, and managers of, retail liquor licenses and applicants for liquor service permits and all renewing retail licensees and permittees to complete an approved alcohol server education program and examination in order to qualify or requalify for a license or permit unless a probationary extension is granted for hardship reasons.

(5) The board may allow completion of an approved alcohol server education program and examination on a voluntary basis prior to August 1, 1992, to satisfy the qualification or requalification requirements of this act.

(6) The board shall, by rule, establish fees for providing alcohol server training and for training and certifying private providers of alcohol server training.

PART VIII

MISCELLANEOUS

NEW SECTION. Sec. 801. Sections 101 through 112 of this act shall constitute a new chapter in Title 69 RCW.

NEW SECTION. Sec. 802. Sections 201 through 205 of this act shall take effect January 1, 1989, and are added to chapter 66.28 RCW.

NEW SECTION. Sec. 803. Sections 701 and 702 of this act are added to chapter 66.20 RCW.

NEW SECTION. Sec. 804. Part designations and headings used in this act do not constitute any part of the law.

NEW SECTION. Sec. 805. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.