State of Washington
65th Legislature
2017 Regular Session
By Representatives Klippert and Hayes
Read first time 01/13/17. Referred to Committee on Judiciary.
AN ACT Relating to unlawful entry on certain properties; adding new sections to chapter 9A.52 RCW; and adding a new section to chapter 4.24 RCW.
NEW SECTION.  Sec. 1.  A new section is added to chapter 9A.52 RCW to read as follows:
(1) Upon the receipt of a declaration signed under penalty of perjury and containing all of the required information and in the form prescribed in section 2 of this act, a peace officer shall have the authority to:
(a) Remove the person or persons from the premises, with or without arresting the person or persons; and
(b) Order the person or persons to remain off the premises or be subject to arrest for criminal trespass.
(2) Neither the peace officer nor his or her law enforcement agency shall be held liable for actions or omissions made in good faith under this section.
NEW SECTION.  Sec. 2.  A new section is added to chapter 9A.52 RCW to read as follows:
The owner of premises, or his or her authorized agent, may initiate the investigation and request the removal of an unauthorized person or persons from the premises by providing to law enforcement a declaration containing all of the following required information and in substantially the following form:
The undersigned owner, or authorized agent of the owner, of the premises located at .......... hereby represents and declares under the penalty of perjury that (initial each box):
(1) [ ] The declarant is the owner of the premises or the authorized agent of the owner of the premises;
(2) [ ] An unauthorized person or persons have entered and are remaining unlawfully on the premises;
(3) [ ] The person or persons were not authorized to enter or remain;
(4) [ ] The premises were not open to members of the public at the time the unauthorized person or persons entered;
(5) [ ] The declarant understands that a person or persons removed from the premises pursuant to section 1 of this act may bring a cause of action under section 3 of this act against the declarant for any false statements made in this declaration, and that as a result of such action the declarant may be held liable for actual damages, costs, and reasonable attorneys' fees;
(6) [ ] The declarant agrees to indemnify and hold harmless law enforcement for its actions or omissions made in good faith pursuant to this declaration; and
(7) [ ] Additional Optional Explanatory Comments:
NEW SECTION.  Sec. 3.  A new section is added to chapter 4.24 RCW to read as follows:
All persons removed from premises pursuant to section 1 of this act on the basis of false statements made by a declarant pursuant to section 2 of this act shall have a cause of action to recover from the declarant for the full amount of damages caused thereby, together with costs and reasonable attorneys' fees.
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