BILL REQ. #:  H-2317.1 

READ FIRST TIME 03/05/03.   

     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 by reason of a person having been detained on or in the immediate vicinity of the premises of an outdoor music venue or related campground for the purpose of pursuing an investigation or questioning by a law enforcement officer as to the lawfulness of the consumption or possession of alcohol or drugs, it is a defense to the action that the person was detained in a reasonable manner and for not more than 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 had reasonable grounds to believe that the person so detained was committing or attempting to unlawfully consume or possess alcohol or drugs on the premises.
     (2) For the purposes of this section:
     (a) "Reasonable grounds" include, but are not limited to:
     (b) "Exhibiting the effects of having consumed liquor" means that a person has the odor of liquor on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed liquor, and either:
     (i) Is in possession of or in close proximity to a container that has or recently had liquor in it; or
     (ii) Is shown by other evidence to have recently consumed liquor.
     (c) "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.
     (d) "Illegal drug" means a controlled substance under chapter 69.50 RCW for which the person detained 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 person does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings.
     (e) "A reasonable time" means the time necessary to permit the person detained 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. However, this time may not exceed one hour.

NEW SECTION.  Sec. 2   A new section is added to chapter 4.24 RCW to read as follows:
     (1) In a civil action brought by reason of a person having been detained on or in the immediate vicinity of the premises of an outdoor music venue or related campground for the purpose of investigation or questioning as to the lawfulness of the consumption or possession of alcohol or drugs, it is a defense to the action that the person was detained in a reasonable manner and for not more than 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 had reasonable grounds to believe that the person so detained was committing or attempting to unlawfully consume or possess alcohol or drugs on the premises.
     (2) For the purposes of this section:
     (a) "Reasonable grounds" include, but are not limited to:
     (b) "Exhibiting the effects of having consumed liquor" means that a person has the odor of liquor on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed liquor, and either:
     (i) Is in possession of or in close proximity to a container that has or recently had liquor in it; or
     (ii) Is shown by other evidence to have recently consumed liquor.
     (c) "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.
     (d) "Illegal drug" means a controlled substance under chapter 69.50 RCW for which the person detained 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 person does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings.
     (e) "A reasonable time" means the time necessary to permit the person detained 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. However, this time may not exceed one hour.