2742-S2 AMS BRAN GORR 580

2SHB 2742 - S AMD TO JUD S5130.3 301

By Senators Brandland, Schoesler and Haugen

PULLED 3/05/2010

On page 26, after line 8, strike the remainder of the bill, and insert the following:

"NEW SECTION. Sec. 12. (1) The legislature finds that:

(a) Because of jail overcrowding persons arrested for driving under the influence of intoxicating liquor or any drug or being in physical control are frequently merely cited, released, and told not to drive even though they may still be under the influence and a danger to others if they return to their car and drive.

(b) In the past, the decision to impound a car incident to an alcohol-related arrest was based on whether it posed a traffic hazard parked on the side of the road, not whether it would soon be driven by the same impaired driver, and that should be changed.

(c) Impounding the vehicle of a drunk driver and holding it for twelve hours is a reasonable and necessary action to address a serious public safety risk and does not interfere with the driver's possession and use of the vehicle more than absolutely necessary to protect other persons.

(2) The legislature intends to:

(a) Change the underlying reason for impounding a vehicle driven by a person charged with driving under the influence of intoxicating liquor or any drug or being in physical control from preventing a traffic hazard on the side of the road to detaining the vehicle for a short time to allow the driver to become sober;

(b) Make the impounding of the vehicle driven by a person charged with driving under the influence of intoxicating liquor or any drug or being in physical control mandatory and then to hold it for twelve hours, but allow a registered owner who was not driving to redeem the vehicle after impound without a twelve-hour hold.

NEW SECTION. Sec. 13. (1) When an operator of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504, the vehicle is subject to summary impoundment and the vehicle must be impounded. With the exception of the twelve-hour hold mandated under this section, the procedures for notice, redemption, storage, auction, and sale shall remain the same as for other impounded vehicles under this chapter.

(2)(a) When an operator of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504 and the operator is a registered owner of the vehicle, the impounded vehicle may not be redeemed within a twelve-hour period following the time the impounded vehicle arrives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log, unless there are two or more registered owners. If there are two or more registered owners of the impounded vehicle, a registered owner who is not the operator of the vehicle may redeem the impounded vehicle after it arrives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log.

(b) When an operator of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504 and the operator is a registered owner of the vehicle, the police officer directing the impound shall notify the operator that the impounded vehicle may not be redeemed within a twelve-hour period following the time the impounded vehicle arrives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log, unless there are two or more registered owners. If there are two or more registered owners of the impounded vehicle, the police officer directing the impound shall notify the operator that the impounded vehicle may be redeemed by a registered owner who is not the operator of the vehicle after the impounded vehicle arrives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log.

(c) A registered tow truck operator that releases an impounded vehicle pursuant to the requirements stated in this subsection is not liable for injuries or damages sustained by the operator or third parties that may result from the operator's intoxicated state.

(3)(a) When an operator of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504 and the operator is not a registered owner of the vehicle, the impounded vehicle may be redeemed by a registered owner after the impounded vehicle arrives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log.

(b) When an operator of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504 and the operator is not a registered owner of the vehicle, the police officer directing the impound shall notify the operator that the impounded vehicle may be redeemed by a registered owner after the impounded vehicle arrives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log.

NEW SECTION. Sec. 14. If an impoundment arising from an alleged violation of RCW 46.61.502 or 46.61.504 is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages for loss of use of the vehicle if the officer had reasonable grounds to believe that the operator of the vehicle was driving while under the influence of intoxicating liquor or any drug, or was in physical control of a vehicle while under the influence of intoxicating liquor or any drug.

Sec. 15. RCW 46.55.113 and 2007 c 242 s 1 and 2007 c 86 s 1 are each reenacted and amended to read as follows:

(1) Whenever the driver of a vehicle is arrested for a violation of RCW ((~~46.61.502, 46.61.504,~~)) 46.20.342((,)) or 46.20.345, the vehicle is subject to summary impoundment, pursuant to the terms and conditions of an applicable local ordinance or state agency rule at the direction of a law enforcement officer.

(2) In addition, a police officer may take custody of a vehicle, at his or her discretion, and provide for its prompt removal to a place of safety under any of the following circumstances:

(a) Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway;

(b) Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;

(c) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property;

(d) Whenever the driver of a vehicle is arrested and taken into custody by a police officer;

(e) Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;

(f) Whenever a vehicle without a special license plate, placard, or decal indicating that the vehicle is being used to transport a person with disabilities under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property;

(g) Upon determining that a person is operating a motor vehicle without a valid and, if required, a specially endorsed driver's license or with a license that has been expired for ninety days or more;

(h) When a vehicle is illegally occupying a truck, commercial loading zone, restricted parking zone, bus, loading, hooded-meter, taxi, street construction or maintenance, or other similar zone where, by order of the director of transportation or chiefs of police or fire or their designees, parking is limited to designated classes of vehicles or is prohibited during certain hours, on designated days or at all times, if the zone has been established with signage for at least twenty-four hours and where the vehicle is interfering with the proper and intended use of the zone. Signage must give notice to the public that a vehicle will be removed if illegally parked in the zone;

(i) When a vehicle with an expired registration of more than forty‑five days is parked on a public street.

(3) When an arrest is made for a violation of RCW 46.20.342, if the vehicle is a commercial vehicle and the driver of the vehicle is not the owner of the vehicle, before the summary impoundment directed under subsection (1) of this section, the police officer shall attempt in a reasonable and timely manner to contact the owner of the vehicle and may release the vehicle to the owner if the owner is reasonably available, as long as the owner was not in the vehicle at the time of the stop and arrest and the owner has not received a prior release under this subsection or RCW 46.55.120(1)(a)(ii).

(4) Nothing in this section may derogate from the powers of police officers under the common law. For the purposes of this section, a place of safety may include the business location of a registered tow truck operator.

NEW SECTION. Sec. 16. Sections 12 through 14 of this act are each added to chapter 46.55 RCW.

NEW SECTION. Sec. 17. Sections 12 through 14 of this act shall be known and cited as Hailey's Law."

Renumber the sections consecutively and correct any internal references accordingly.

2SHB 2742 - S AMD TO JUD S5130.3 301

By Senator ....

On page 26, line 13 of the title amendment, after "10.05.160;" insert "reenacting and amending RCW 46.55.113; adding new sections to chapter 46.55 RCW; creating new sections;"

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