BILL REQ. #:  H-4664.1 

Read first time 01/26/10.   Referred to Committee on Judiciary.

     AN ACT Relating to requiring a report to child protective services when a child is present in the vehicle of a person arrested for driving or being in control of a vehicle while under the influence of alcohol or drugs; adding a new section to chapter 46.61 RCW; and adding a new section to chapter 26.44 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 46.61 RCW to read as follows:
     (1) The legislature finds that when a person is driving under the influence of alcohol or drugs or is in physical control of a vehicle while under the influence of alcohol or drugs and a child is present in the vehicle, the person has evidenced a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's safety. The legislature also finds that the risk of substantial harm created by such disregard requires notification to child protective services.
     (2) A law enforcement officer shall promptly notify child protective services whenever a child is present in a vehicle being driven by, or under the control of, a person being arrested on probable cause for driving under the influence of alcohol or drugs or being in physical control of a vehicle while under the influence of alcohol or drugs. This section does not require law enforcement to take custody of the child unless there is no person or agency having the right to physical custody of the child available, or the office has reasonable grounds to believe the child should be taken into custody pursuant to RCW 13.34.050 or 26.44.050.

NEW SECTION.  Sec. 2   A new section is added to chapter 26.44 RCW to read as follows:
     (1) The legislature finds that when a person is driving under the influence of alcohol or drugs or is in physical control of a vehicle while under the influence of alcohol or drugs and a child is present in the vehicle, the person has evidenced a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's safety. The legislature also finds that the risk of substantial harm created by such disregard requires notification to child protective services.
     (2) A law enforcement officer shall promptly notify child protective services whenever a child is present in a vehicle being driven by, or under the control of, a person being arrested on probable cause for driving under the influence of alcohol or drugs or being in physical control of a vehicle while under the influence of alcohol or drugs. This section does not require law enforcement to take custody of the child unless there is no person or agency having the right to physical custody of the child available, or the office has reasonable grounds to believe the child should be taken into custody pursuant to RCW 13.34.050 or 26.44.050.