SENATE BILL REPORT

                   SB 5367

              As Reported By Senate Committee On:

               Law & Justice, February 20, 1995

Title:  An act relating to the penalty for failing to obey an officer.

Brief Description:  Clarifying penalties for failure to obey an officer.

Sponsors:  Senators Smith and Roach.

Brief History:

Committee Activity:  Law & Justice:  2/13/95, 2/20/95 [DPS].

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  That Substitute Senate Bill No. 5367 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Smith, Chair; C. Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, McCaslin, Roach and Schow.

Staff:  Susan Carlson (786-7418)

Background:  The current motor vehicle code provides that a person shall not wilfully fail or refuse to comply with any lawful order or direction of any duly authorized flagman, police officer, or fire fighter who is directing traffic.  It is also unlawful for any driver to refuse, when requested by a police officer, to give his name and address.  Although these statutes are specified to constitute crimes, no penalty is established.

Summary of Substitute Bill:  The crime of wilfully failing or refusing to comply with a lawful order of a flagman, police officer or fire fighter is a misdemeanor.

It is a misdemeanor for a driver to refuse to provide his or her name and address when requested by a police officer.

Substitute Bill Compared to Original Bill:  Technical amendments were made.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  The bill clarifies the penalty for violation of these two statutes.

Testimony Against:  None.

Testified:  PRO:  Linda Hall, Port of Seattle; Tom McBride, WAPA.