ENGROSSED SENATE BILL 5135
State of Washington
2021 Regular Session
BySenators Das, Hasegawa, Nguyen, Stanford, and Wilson, C.
Prefiled 01/08/21.Read first time 01/11/21.Referred to Committee on Law & Justice.
AN ACT Relating to unlawfully summoning a police officer; and adding a new section to chapter 4.24
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1.
A new section is added to chapter 4.24
RCW to read as follows:
(1) A person may bring a civil action for damages against any person who knowingly causes a law enforcement officer to arrive at a location to contact another person with the intent to:
(a) Infringe on the other person's rights under the Washington state or United States Constitutions;
(b) Unlawfully discriminate against the other person;
(c) Cause the other person to feel harassed, humiliated, or embarrassed;
(d) Cause the other person to be expelled from a place in which the other person is lawfully located; or
(e) Damage the other person's:
(i) Reputation or standing in the community; or
(ii) Financial, economic, consumer, or business prospects or interests.
(2) A person shall not be held liable under subsection (1) of this section if the person acted in good faith in causing a law enforcement officer to arrive.
(3) Upon prevailing in an action under this section, the plaintiff may recover:
(a) The greater of:
(i) Economic and noneconomic damages; or
(ii) $250 against each defendant found liable under this section; and
(b) Punitive damages.
(4) The court may award reasonable attorneys' fees and costs to the prevailing plaintiff in an action under this section.
(5) A civil action under this section:
(a) May be maintained in a court of limited jurisdiction if the total damages claimed do not exceed the statutory limit for damages that the court of limited jurisdiction may award; and
(b) Does not affect a right or remedy available under any other law of this state.
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