S-1831.2  _______________________________________________

                    SUBSTITUTE SENATE BILL 5865

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Kline, Long, Kohl‑Welles, Sheahan, Patterson, Finkbeiner, Constantine, Oke and Carlson)

READ FIRST TIME 03/05/01.

Authorizing use of vehicle immobilization devices in lieu of impoundment.

    AN ACT Relating to vehicle immobilization; adding a new section to chapter 46.55 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 46.55 RCW to read as follows:

    (1)(a) A vehicle immobilization device is an apparatus that has been approved by the Washington state patrol and is designed and manufactured to render a vehicle immobile.

    (b) Vehicle immobilization means the removal of a vehicle to the registered owner's residence, other property, or to a location specified by ordinance or rule and the placement of a vehicle immobilization device on the vehicle for the impoundment periods authorized in RCW 46.55.120.

    (c) A vehicle immobilized under this section must be stored, while immobilized, at a location specified by ordinance or rule, or on private property with the consent of the owner of the property if the owner of the property is not the owner of the vehicle.

    (2) Any local government ordinance or state agency rule that authorizes impoundment and redemption of vehicles as provided in RCW 46.55.113 and 46.55.120 may allow vehicle immobilization in lieu of impoundment when the driver has been arrested for a violation of RCW 46.20.342.  Vehicle immobilization is an alternative to impoundment by a registered tow truck operator authorized by RCW 46.55.120.  The redemption rights and hearing procedures provided in RCW 46.55.120 apply to vehicle immobilization.  The local government ordinance or state agency rule shall provide that the owner or driver of the vehicle be given the option of impoundment under RCW 46.55.120 or vehicle immobilization under this section.

    (3) The immobilized vehicle may be released only after all rental and towing fees, including any fees for rental of, and for damage to, the vehicle immobilization device, have been paid.  Release may be made only to a person who would qualify to redeem the vehicle under RCW 46.55.120.

    (4)(a) A local ordinance or state agency rule may provide that if the vehicle immobilization device on a vehicle is damaged, removed, or rendered inoperative, the vehicle may be immediately impounded and held for an additional period of time, not to exceed the maximum time for which the vehicle could have been held initially by a registered tow truck operator under RCW 46.55.120.

    (b) A local ordinance may provide criminal penalties for damaging, unlawfully removing, or rendering inoperative a vehicle immobilization device used to immobilize a vehicle under this section.

                            --- END ---