CERTIFICATION OF ENROLLMENT

                        SENATE BILL 5871

                        55th Legislature

                      1997 Regular Session

Passed by the Senate March 19, 1997   YEAS 43   NAYS 0 President of the Senate Passed by the House April 15, 1997   YEAS 98   NAYS 0

CERTIFICATE I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SENATE BILL 5871 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Speaker of the       House of Representatives

Secretary

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

          _______________________________________________

                         SENATE BILL 5871

          _______________________________________________

             Passed Legislature - 1997 Regular Session

State of Washington      55th Legislature     1997 Regular Session

By Senators Roach, Fairley, Patterson, McCaslin, Winsley, Sheldon, Goings and Oke

Read first time 02/18/97.  Referred to Committee on Law & Justice.

Redefining law enforcement officer to include a port district officer.  

    AN ACT Relating to the definition of law enforcement officer; and amending RCW 4.24.350.

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

    Sec. 1.  RCW 4.24.350 and 1984 c 133 s 2 are each amended to read as follows:

    (1) In any action for damages, whether based on tort or contract or otherwise, a claim or counterclaim for damages may be litigated in the principal action for malicious prosecution on the ground that the action was instituted with knowledge that the same was false, and unfounded, malicious and without probable cause in the filing of such action, or that the same was filed as a part of a conspiracy to misuse judicial process by filing an action known to be false and unfounded.

    (2) In any action, claim, or counterclaim brought by a judicial officer, prosecuting authority, or law enforcement officer for malicious prosecution arising out of the performance or purported performance of the public duty of such officer, an arrest or seizure of property need not be an element of the claim, nor do special damages need to be proved.  A judicial officer, prosecuting authority, or law enforcement officer prevailing in such an action may be allowed an amount up to one thousand dollars as liquidated damages, together with a reasonable attorneys' fee, and other costs of suit.  A government entity which has provided legal services to the prevailing judicial officer, prosecuting authority, or law enforcement officer has reimbursement rights to any award for reasonable attorneys' fees and other costs, but shall have no such rights to any liquidated damages allowed.

    (3) No action may be brought against an attorney under this section solely because of that attorney's representation of a party in a lawsuit.

    (4) As used in this section:

    (a) "Judicial officer" means a justice, judge, magistrate, or other judicial officer of the state or a city, town, or county.

    (b) "Prosecuting authority" means any officer or employee of the state or a city, town, or county who is authorized by law to initiate a criminal or civil proceeding on behalf of the public.

    (c) "Law enforcement officer" means a member of the state patrol, a sheriff or deputy sheriff, or a member of the police force of a city, town, university, ((or)) state college, or port district, or a "wildlife agent" or "ex officio wildlife agent" as defined in RCW 77.08.010.

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