AN ACT
Relating to authority of police to arrest without a warrant; reenacting and
amending RCW 10.31.100; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
10.31.100 and 1993 c 209 s 1 and 1993 c 128 s 5 are each reenacted and amended
to read as follows:
A
police officer having probable cause to believe that a person has committed or
is committing a felony shall have the authority to arrest the person without a
warrant. A police officer may arrest a person without a warrant for committing
a misdemeanor or gross misdemeanor only when the offense is committed in the
presence of the officer, except as provided in subsections (1) through (10) of
this section.
(1)
Any police officer having probable cause to believe that a person has committed
or is committing a misdemeanor or gross misdemeanor, involving physical harm or
threats of harm to any person or property or the unlawful taking of property or
involving the use or possession of cannabis, or involving the acquisition,
possession, or consumption of alcohol by a person under the age of twenty-one
years under RCW 66.44.270, or involving criminal trespass under RCW
9A.52.070 or 9A.52.080, shall have the authority to arrest the person.
(2) A
police officer shall arrest and take into custody, pending release on bail,
personal recognizance, or court order, a person without a warrant when the
officer has probable cause to believe that:
(a) An
order has been issued of which the person has knowledge under RCW 10.99.040(2),
10.99.050, 26.09.060, 26.44.063, chapter 26.26 RCW, or chapter 26.50 RCW
restraining the person and the person has violated the terms of the order
restraining the person from acts or threats of violence or excluding the person
from a residence or, in the case of an order issued under RCW 26.44.063,
imposing any other restrictions or conditions upon the person; or
(b)
The person is eighteen years or older and within the preceding four hours has
assaulted that person's spouse, former spouse, or a person eighteen years or
older with whom the person resides or has formerly resided and the officer
believes: (i) A felonious assault has occurred; (ii) an assault has occurred
which has resulted in bodily injury to the victim, whether the injury is
observable by the responding officer or not; or (iii) that any physical action
has occurred which was intended to cause another person reasonably to fear
imminent serious bodily injury or death. Bodily injury means physical pain,
illness, or an impairment of physical condition. When the officer has
probable cause to believe that spouses, former spouses, or other persons who
reside together or formerly resided together have assaulted each other, the
officer is not required to arrest both persons. The officer shall arrest the
person whom the officer believes to be the primary physical aggressor. In
making this determination, the officer shall make every reasonable effort to
consider: (i) The intent to protect victims of domestic violence under RCW
10.99.010; (ii) the comparative extent of injuries inflicted or serious threats
creating fear of physical injury; and (iii) the history of domestic violence
between the persons involved.
(3)
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 shall have
the authority to arrest the person:
(a)
RCW 46.52.010, relating to duty on striking an unattended car or other
property;
(b)
RCW 46.52.020, relating to duty in case of injury to or death of a person or
damage to an attended vehicle;
(c)
RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;
(d)
RCW 46.61.502 or 46.61.504, relating to persons under the influence of
intoxicating liquor or drugs;
(e)
RCW 46.20.342, relating to driving a motor vehicle while operator's license is
suspended or revoked;
(f)
RCW 46.61.525, relating to operating a motor vehicle in a negligent manner.
(4) 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 that the driver has committed in
connection with the accident a violation of any traffic law or regulation.
(5)
Any police officer having probable cause to believe that a person has committed
or is committing a violation of RCW ((88.12.100)) 88.12.025 shall
have the authority to arrest the person.
(6) An
officer may act upon the request of a law enforcement officer in whose presence
a traffic infraction was committed, to stop, detain, arrest, or issue a notice
of traffic infraction to the driver who is believed to have committed the
infraction. The request by the witnessing officer shall give an officer the
authority to take appropriate action under the laws of the state of Washington.
(7)
Any police officer having probable cause to believe that a person has committed
or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may
arrest the person.
(8) A
police officer may arrest and take into custody, pending release on bail,
personal recognizance, or court order, a person without a warrant when the
officer has probable cause to believe that an order has been issued of which
the person has knowledge under chapter 10.14 RCW and the person has violated
the terms of that order.
(9)
Any police officer having probable cause to believe that a person has, within
twenty-four hours of the alleged violation, committed a violation of RCW
9A.50.020 may arrest such person.
(10) A
police officer having probable cause to believe that a person illegally
possesses or illegally has possessed a firearm or other dangerous weapon on
private or public elementary or secondary school premises shall have the
authority to arrest the person.
For
purposes of this subsection, the term "firearm" has the meaning
defined in RCW 9.41.010 and the term "dangerous weapon" has the
meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).
(11)
Except as specifically provided in subsections (2), (3), (4), and (6) of this
section, nothing in this section extends or otherwise affects the powers of
arrest prescribed in Title 46 RCW.
(12)
No police officer may be held criminally or civilly liable for making an arrest
pursuant to RCW 10.31.100 (2) or (8) if the police officer acts in good faith
and without malice.
NEW SECTION. Sec. 2. This act
shall take effect January 1, 1996. Prior to that date, law enforcement
agencies, prosecuting authorities, and local governments are encouraged to
develop and adopt arrest and charging guidelines regarding criminal trespass.
