SENATE BILL REPORT
SB 5485
As of January 31, 2022
Title: An act relating to prohibiting traffic stops for certain traffic violations.
Brief Description: Prohibiting traffic stops for certain traffic violations.
Sponsors: Senators Nguyen and Nobles.
Brief History:
Committee Activity: Transportation: 2/03/22.
Brief Summary of Bill
  • Prohibits peace officers from stopping drivers to enforce certain specified traffic violations.
SENATE COMMITTEE ON TRANSPORTATION
Staff: Kelly Simpson (786-7403)
Background:

A law enforcement officer has the authority to issue a notice of traffic infraction in the following circumstances:

  • when the infraction is committed in the officer's presence, except for operating violations of wheeled all-terrain vehicles;
  • when the officer is acting upon the request of a law enforcement officer in whose presence the traffic infraction was committed;
  • if an officer investigating at the scene of a motor vehicle accident has reasonable cause to believe that the driver of a motor vehicle involved in the accident has committed a traffic infraction;
  • when the infraction is detected through the use of an automated traffic safety camera; or
  • when the infraction is detected through the use of an automated school bus safety camera.

 

Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws may arrest the person:

  • relating to duty on striking an unattended car or other property;
  • relating to duty in case of injury to, or death of, a person or damage to an attended vehicle;
  • relating to reckless driving or racing vehicles;
  • relating to persons under the influence of intoxicating liquor or drugs;
  • relating to persons having alcohol or THC in their system;
  • relating to driving a motor vehicle while an operator's license is suspended or revoked; or
  • relating to operating a motor vehicle in a negligent manner.

 

A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe the driver has committed, in connection with the accident, a violation of any traffic law or regulation.
Summary of Bill:

The bill as referred to committee not considered.
Summary of Bill (Proposed Substitute):

A peace officer may not stop drivers to enforce the following traffic violations:

  • failure to keep to the right;
  • improper turn;
  • failure to stop, under most circumstances;
  • failure to dim lights, and any other equipment violation not defined as a moving violation;
  • parking violations;
  • driving without a license;
  • vehicle registration violation;
  • failure to maintain proof of motor vehicle insurance;
  • driving while license suspended; and
  • safety belt violations, except for failure to properly restrain children.

 

A peace officer may enforce the traffic violations specified only as a secondary action when a driver has been detained for a suspected moving violation not listed in this section. 

 

A peace officer includes a general authority Washington peace officer, a limited authority Washington peace officer, and a specially commissioned Washington peace officer.  A peace officer does not include any corrections officer or other employee of a jail, correctional, or detention facility, but does include any community corrections officer. 
Appropriation: None.
Fiscal Note: Not requested.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.