HOUSE BILL REPORT

EHB 2429

BYRepresentatives R. Meyers and Scott

Establishing penalties for attempts by vessel operators to elude pursuing law enforcement vessels.

House Committe on Fisheries & Wildlife

Majority Report:  Do pass as amended.  (11)

      Signed by Representatives R. King, Chair; Morris, Vice Chair; S. Wilson, Ranking Republican Member; Basich, Bowman, Brooks, Cole, Haugen, Smith, Spanel and Vekich.

House Staff:Pamela Madson (786-7310)

AS PASSED HOUSE FEBRUARY 12, 1990

BACKGROUND:

Certain acts by operators of motor vehicles are declared unlawful. One such act is attempting to elude a pursuing police vehicle.  If a driver is given a signal to stop by a uniformed officer, the driver must stop his or her vehicle.  Failure to stop can result in prosecution for a gross misdemeanor which is punishable by not more than one year in the county jail or a maximum fine of $5,000 or both.  If the driver fails to stop and operates the vehicle in a reckless manner, the driver can be prosecuted for a class C felony.  Class C felonies are punishable by a maximum of five years in prison or a fine of $10,000 or both.

No similar prohibition exists for vessel operators that fail to stop when directed to do so by a law enforcement officer.

SUMMARY:

A vessel operator who fails to stop when directed to do so by a law enforcement officer is guilty of a gross misdemeanor.  A vessel operator who fails to stop when signaled to do so and operates the vessel in a reckless manner in attempting to elude law enforcement personnel is guilty of a class C felony.

The officer can give the signal to stop by hand, voice, or emergency light or siren.  The officer and the vessel must be appropriately marked as official law enforcement.

Fiscal Note:      No Impact.

House Committee ‑ Testified For:    Representative Ron Myers, Prime Sponsor; Scott Sigmon, Washington Federation of State Employees; John Pomeroy, Local 881 Fisheries Patrol Employees; Craig Carlile, Local 881 Fisheries Patrol Employees; Jim Tuggle, Department of Fisheries Patrol Sergeants' Association; Brad Young, Department of Fisheries Patrol Officer; Dayna Matthews, Department of Fisheries; and Jim King, Washington State Sportsmen's Council.

House Committee - Testified Against:      Steve Arbaugh, Puget Sound Gillnetters' Association.

House Committee - Testimony For:    These boating violations are directed at the boating community in general and can be enforced by any law enforcement personnel with general police authority such as local sheriff offices or Department of Fisheries Patrol.  As amended, this bill creates two separate violations: (1) failing to stop which is a gross misdemeanor; and (2) a more serious offense of eluding in a way that endangers other persons or property which is a class C felony.  This law applies to all vessel owners, commercial and recreational.  It is currently unlawful to refuse inspections of harvested food fish or shellfish, gear, or licenses. Signalling to stop for an inspection and having a vessel try to elude contact with the patrol officer is not a basis for any violation at this point.  An officer can stop a vessel for inspection but cannot arrest without probable cause that a violation has occurred.  All possible methods of getting a vessel owner's attention should be included in the notion of signalling, although concern was expressed over the use of hand motions or voice only as the basis for a charge under this bill.  Charging a vessel owner with a felony must include proof of a willful action by the vessel owner.

House Committee - Testimony Against:      Commercial vessel operators must be on the look out for many types of on-the-water hazards and may not see someone using hand signals to stop or blue lights in the daylight.  The best method of catching a vessel owner's attention is to pull up along side the boat. The department has the ability now to stop any commercial boats.  This statute would allow abuses.  The felony penalty is too great.