SHB 3124 -
By Senators Stevens, Hargrove
ADOPTED 03/09/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 46.61 RCW
to read as follows:
A law enforcement officer shall promptly notify child protective
services whenever a child is present in a vehicle being driven by his
or her parent, guardian, or legal custodian and that person is being
arrested for a drug or alcohol-related driving offense. This section
does not require law enforcement to take custody of the child unless
there is no other responsible person, or an agency having the right to
physical custody of the child that can be contacted, or the officer has
reasonable grounds to believe the child should be taken into custody
pursuant to RCW 13.34.050 or 26.44.050. For purposes of this section,
"child" means any person under thirteen years of age.
NEW SECTION. Sec. 2 A new section is added to chapter 26.44 RCW
to read as follows:
A law enforcement officer shall promptly notify child protective
services whenever a child is present in a vehicle being driven by his
or her parent, guardian, or legal custodian and that person is being
arrested for a drug or alcohol-related driving offense. This section
does not require law enforcement to take custody of the child unless
there is no other responsible person, or an agency having the right to
physical custody of the child that can be contacted, or the officer has
reasonable grounds to believe the child should be taken into custody
pursuant to RCW 13.34.050 or 26.44.050. For purposes of this section,
"child" means any person under thirteen years of age."
SHB 3124 -
By Senators Stevens, Hargrove
ADOPTED 03/09/2010
On page 1, line 4 of the title, after "drugs;" strike the remainder of the title and insert "adding a new section to chapter 46.61 RCW; and adding a new section to chapter 26.44 RCW."
EFFECT: Requires law enforcement when arresting the parent, guardian, or legal custodian of a child under the age of 13 for driving under the influence of drugs or alcohol to promptly contact CPS. Law enforcement does not have to take the child into custody unless there is no other responsible person or agency that can be contacted.