BILL REQ. #:  H-4660.1 

Read first time 01/28/10.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to the authority of peace officers to issue municipal code violation notices for traffic infractions occurring within a municipality; amending RCW 10.93.070; and adding a new section to chapter 46.64 RCW.

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

Sec. 1   RCW 10.93.070 and 1985 c 89 s 7 are each amended to read as follows:
     In addition to any other powers vested by law, a general authority Washington peace officer who possesses a certificate of basic law enforcement training or a certificate of equivalency or has been exempted from the requirement therefor by the Washington state criminal justice training commission may enforce the traffic or criminal laws of this state throughout the territorial bounds of this state, under the following enumerated circumstances:
     (1) Upon the prior written consent of the sheriff or chief of police in whose primary territorial jurisdiction the exercise of the powers occurs;
     (2) In response to an emergency involving an immediate threat to human life or property;
     (3) In response to a request for assistance pursuant to a mutual law enforcement assistance agreement with the agency of primary territorial jurisdiction or in response to the request of a peace officer with enforcement authority;
     (4) When the officer is transporting a prisoner;
     (5) When the officer is executing an arrest warrant or search warrant; ((or))
     (6) When the officer is in fresh pursuit, as defined in RCW 10.93.120; or
     (7) When issuing municipal code violation notices for traffic infractions occurring within a municipality, as long as he or she is in uniform and in a marked vehicle.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.64 RCW to read as follows:
     If a general authority Washington peace officer, as defined in RCW 10.93.020, is in uniform and driving a marked vehicle, he or she has the authority to issue municipal code violation notices for traffic infractions occurring within a municipality.