BILL REQ. #: H-2246.1
| State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 03/04/03.
AN ACT Relating to liability for performing pretrial supervision activities; adding a new section to chapter 35.21 RCW; adding a new section to chapter 36.01 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature is obligated for policy
reasons and fiscal responsibility to assure that counties, cities, and
towns are accountable under fair and reasonable standards of
negligence. The work they undertake to implement the pretrial
supervision or pretrial release of criminal offenders often requires
them to make decisions based upon measurable risks of harm associated
with available competing choices. The legislature finds that the
citizens of counties, cities, or towns should not be liable when
counties, cities, and towns exercise reasonable care and skill.
NEW SECTION. Sec. 2 A new section is added to chapter 35.21 RCW
to read as follows:
A city or town that provides pretrial supervision or pretrial
release, and any officer, employee, and volunteer of the city or town,
is not liable for selecting one of two or more alternative courses of
action pertaining to pretrial supervision or pretrial release even
though the course of action chosen results in a poor outcome if the
person exercised reasonable care and skill in arriving at the judgment
to follow the particular course of action. For purposes of this
section, "volunteer" is defined according to RCW 51.12.035.
NEW SECTION. Sec. 3 A new section is added to chapter 36.01 RCW
to read as follows:
A county that provides pretrial supervision or pretrial release,
and any officer, employee, and volunteer of the county, is not liable
for selecting one of two or more alternative courses of action
pertaining to pretrial supervision or pretrial release even though the
course of action chosen results in a poor outcome if the person
exercised reasonable care and skill in arriving at the judgment to
follow the particular course of action. For purposes of this section,
"volunteer" is defined according to RCW 51.12.035.
NEW SECTION. Sec. 4 Nothing in this act may be construed to
limit the application of other statutes specifying a liability standard
for the employees and agents of any city, town, or county.