SENATE BILL REPORT

                   SB 5871

               As Passed Senate, March 19, 1997

Title:  An act relating to the definition of law enforcement officer.

Brief Description:  Redefining law enforcement officer to include a port district officer.

Sponsors:  Senators Roach, Fairley, Patterson, McCaslin, Winsley, Sheldon, Goings and Oke.

Brief History:

Committee Activity:  Law & Justice:  3/3/97 [DP].

Passed Senate, 3/19/97, 43-0.

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass.

  Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Haugen, Kline, Long, McCaslin, Stevens and Zarelli.

Staff:  Mal Murphy (786-7412)

Background:  In actions for damages based on tort, contract, or otherwise, a counterclaim for malicious prosecution may be filed, based on the grounds that the principal action was filed with knowledge that it was false, malicious, and unfounded, or was part of a conspiracy to misuse the judicial process.  In an action or counterclaim for malicious prosecution brought by a judicial officer, prosecuting attorney or law enforcement officer, liquidated damages of up to $1000 are allowed, together with reasonable attorneys' fees and other costs.  A government entity representing the prevailing judge, prosecutor or law enforcement officer may be reimbursed its attorneys' fees, but is not entitled to receive the liquidated damages.

Summary of Bill:  For purposes of malicious prosecution actions or counterclaims, the term "law enforcement officer@ is expanded to included the members of port district police forces.

Appropriation:  None.

Fiscal Note:  Not requested.

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

Testimony For:  The bill is needed to give the Port of Seattle Police Department the benefit of the current law.  The bill has broad support.

Testimony Against:  None.

Testified:  Tony Anderson, Port of Seattle Police Department (pro); Mike Ryherd, Joint Council of Teamsters (pro).