S-1372.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 5271

                  _______________________________________________

State of Washington              54th Legislature             1995 Regular Session

By Senate Committee on Natural Resources (originally sponsored by Senator Drew)

Read first time 02/13/95.

Allowing certain federal officers to arrest without warrant.

     AN ACT Relating to arrests by United States forest service and park service officers without warrant; and amending RCW 10.88.330.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 10.88.330 and 1979 ex.s. c 244 s 16 are each amended to read as follows:

     (1) The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in RCW 10.88.320; and thereafter his answer shall be heard as if he had been arrested on a warrant.

     (2) An officer of the United States customs service ((or)), the immigration and naturalization service, United States forest service, or national park service may, without a warrant, arrest a person if:

     (a) The officer is on duty;

     (b) One or more of the following situations exists:

     (i) The person commits an assault or other crime involving physical harm, defined and punishable under chapter 9A.36 RCW, against the officer or against any other person in the presence of the officer;

     (ii) The person commits an assault or related crime while armed, defined and punishable under chapter 9.41 RCW, against the officer or against any other person in the presence of the officer;

     (iii) The officer has reasonable cause to believe that a crime as defined in (b) (i) or (ii) of this subsection has been committed and reasonable cause to believe that the person to be arrested has committed it;

     (iv) The officer has reasonable cause to believe that a felony has been committed and reasonable cause to believe that the person to be arrested has committed it; or

     (v) The officer has received positive information by written, telegraphic, teletypic, telephonic, radio, or other authoritative source that a peace officer holds a warrant for the person's arrest; and

     (c) The regional ((commissioner of customs)) special agent in charge of each federal agency certifies to the state of Washington that the ((customs)) officer has received proper training within the agency to enable that officer to enforce or administer this subsection.

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