[atlas:bill]

AN ACT Relating to detaining a person for the purpose of allowing a law enforcement investigation; adding a new section to chapter 9A.16 RCW; and adding a new section to chapter 4.24 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 9A.16 RCW to read as follows:

(1) In a criminal action brought because a person was detained on or in the immediate vicinity of an outdoor music venue or related campground to investigate or question the lawfulness of the person's consumption or possession of alcohol or drugs, it is a defense that the person was detained in a reasonable manner and for a reasonable time to permit the investigation or questioning by a law enforcement officer, and that a peace officer, owner, operator, employee, or agent of the outdoor music venue or related campground had reasonable grounds to believe that the detained person unlawfully consumed or possessed alcohol or drugs on the premises or attempted to do so.

(2) For the purposes of this section:

(a) "Exhibiting the effects of having consumed alcohol" means that a person has the odor of alcohol on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed alcohol, and either:

(i) Is in possession of or in close proximity to a container that has or recently had alcohol in it; or

(ii) Is shown by other evidence to have recently consumed alcohol.

(b) "Exhibiting the effects of having consumed an illegal drug" means that a person by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed an illegal drug and either:

(i) Is in possession of an illegal drug; or

(ii) Is shown by other evidence to have recently consumed an illegal drug.

(c) "Illegal drug" means a controlled substance under chapter 69.50 RCW for which the detained person does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings, or a legend drug under chapter 69.41 RCW for which the detained person does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings.

(d) "Reasonable grounds" includes, but is not limited to, observations that a person is exhibiting the effects of having consumed alcohol or is exhibiting the effects of having consumed an illegal drug.

(e) "Reasonable time" means the time necessary to permit the detained person to make a statement or to refuse to make a statement, and the time necessary to allow a law enforcement officer to determine the lawfulness of the consumption or possession of alcohol or drugs. This time may not exceed two hours.

NEW SECTION. Sec. 2. A new section is added to chapter 4.24 RCW to read as follows:

(1) In a civil action brought because a person was detained on or in the immediate vicinity of an outdoor music venue or related campground to investigate or question the lawfulness of the person's consumption or possession of alcohol or drugs, it is a defense that the person was detained in a reasonable manner and for a reasonable time to permit the investigation or questioning by a law enforcement officer, and that a peace officer, owner, operator, employee, or agent of the outdoor music venue or related campground had reasonable grounds to believe that the detained person unlawfully consumed or possessed alcohol or drugs on the premises or attempted to do so.

(2) For the purposes of this section:

(i) Is in possession of or in close proximity to a container that has or recently had alcohol in it; or

(ii) Is shown by other evidence to have recently consumed alcohol.

(i) Is in possession of an illegal drug; or

(ii) Is shown by other evidence to have recently consumed an illegal drug.